[Federal Register Volume 89, Number 205 (Wednesday, October 23, 2024)]
[Notices]
[Pages 84597-84600]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-24483]
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FEDERAL HOUSING FINANCE AGENCY
[No. 2024-N-14]
Privacy Act of 1974; System of Records
AGENCY: Office of Inspector General, Federal Housing Finance Agency
(FHFA-OIG).
ACTION: Notice of a new system of records.
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SUMMARY: In accordance with the requirements of the Privacy Act of
1974, as amended (Privacy Act), the Federal Housing Finance Agency
Office of Inspector General (FHFA-OIG) is establishing FHFA-OIG-9,
``Office of Counsel Legal Matters System'' (System) for the purpose of
collecting information that FHFA-OIG's Office of Counsel will use in
the course of providing legal opinions/advice, participating in
administrative hearings, preparing for litigation, and completing other
legal projects and assignments.
DATES: In accordance with 5 U.S.C. 552a(e)(4) and (11), this system of
records will go into effect without further notice on October 23, 2024,
unless otherwise revised pursuant to comments received. Routine uses
will go into effect on November 22, 2024. Comments must be received on
or before November 22, 2024. FHFA-OIG will publish a new notice if the
effective date is delayed in order for the Agency to review the
comments or if changes are made based on comments received.
ADDRESSES: Submit comments to FHFA-OIG, identified by ``No. 2024-N-
[[Page 84598]]
14,'' using any one of the following methods:
Federal eRulemaking Portal: https://www.regulations.gov.
Follow the instructions for submitting comments. If you submit your
comments to the Federal eRulemaking Portal, please also send it by
email to FHFA-OIG at [email protected] to ensure timely receipt by
FHFA-OIG. Please include ``Comments/FHFA-OIG SORN,'' in the subject
line of the message.
U.S. Mail, United Parcel Service, Federal Express, or
Other Mail/Delivery Service: The mailing address for comments is: Gregg
Schwind, Attorney Advisor, Attention: Comments/FHFA-OIG SORN, Office of
Inspector General, Federal Housing Finance Agency, 400 Seventh Street
SW, 3rd Floor, Washington, DC 20219. Please note that all mail sent to
FHFA via the U.S. Postal Service is routed through a national
irradiation facility, a process that may delay delivery by
approximately two weeks. For any time-sensitive correspondence, please
plan accordingly. See SUPPLEMENTARY INFORMATION for additional
information on submission and posting of comments.
FOR FURTHER INFORMATION CONTACT: Gregg Schwind, Attorney Advisor,
[email protected] or (202) 730-4933 (not a toll-free number), Office
of Inspector General, Federal Housing Finance Agency, 400 Seventh
Street SW, 3rd Floor, Washington, DC 20219. For TTY/TRS users with
hearing and speech disabilities, dial 711 and ask to be connected to
any of the contact number above.
SUPPLEMENTARY INFORMATION:
I. Comments
FHFA-OIG seeks public comments on a new system of records and will
take all comments into consideration. See 5 U.S.C. 552a(e)(4) and (11).
In addition to referencing ``Comments/No. 2024-N-14,'' please reference
``FHFA-OIG-9, Office of Counsel Legal Matters System.''
FHFA-OIG will post all public comments on the FHFA-OIG public
website at www.fhfaoig.gov, except as described below. Commenters
should submit only information that the commenter wishes to make
available publicly. FHFA-OIG may post only a single representative
example of identical or substantially identical comments, and in such
cases will generally identify the number of identical or substantially
identical comments represented by the posted example. FHFA-OIG may, in
its discretion, redact or refrain from posting all or any portion of
any comment that contains content that is obscene, vulgar, profane, or
threatens harm. All comments, including those that are redacted or not
posted, will be retained in their original form in FHFA-OIG's internal
file and considered as required by all applicable laws. Commenters that
would like FHFA-OIG to consider any portion of their comment exempt
from disclosure on the basis that it contains trade secrets, or
financial, confidential or proprietary data or information, should
follow the procedures in section IV.D. of FHFA's Policy on
Communications with Outside Parties in Connection with FHFA
Rulemakings, see https://www.fhfa.gov/sites/default/files/documents/Ex-Parte-Communications-Public-Policy_3-5-19.pdf. FHFA-OIG cannot
guarantee that such data or information, or the identity of the
commenter, will remain confidential if disclosure is sought pursuant to
an applicable statute or regulation. See 12 CFR 1202.8, 12 CFR 1214.2,
and FHFA's FOIA Reference Guide at https://www.fhfa.gov/about/foia-reference-guide for additional information.
II. Introduction
This notice informs the public of FHFA-OIG's proposal to establish
and maintain a new system of records. This notice satisfies the Privacy
Act requirement that an agency publish a system of records notice in
the Federal Register when establishing a new or making a significant
change to an agency's system of records. Congress has recognized that
application of all requirements of the Privacy Act to certain
categories of records may have an undesirable and often unacceptable
effect upon agencies in the conduct of necessary public business.
Consequently, Congress established general exemptions and specific
exemptions that could be used to exempt records from provisions of the
Privacy Act. Congress also required that exempting records from
provisions of the Privacy Act would require the head of an agency to
publish a determination to exempt a record from the Privacy Act as a
rule in accordance with the Administrative Procedure Act. Records and
information in this system of records are not exempt from the
requirements of the Privacy Act.
As required by the Privacy Act, 5 U.S.C. 552a(r), and pursuant to
section 7 of Office of Management and Budget (OMB) Circular No. A-108,
``Federal Agency Responsibilities for Review, Reporting, and
Publication under the Privacy Act,'' prior to publication of this
notice, FHFA-OIG submitted a report describing the system of records
covered by this notice to the OMB, the Committee on Oversight and
Accountability of the House of Representatives, and the Committee on
Homeland Security and Governmental Affairs of the Senate.
III. New System of Records
The information in this system of records will be used by FHFA-OIG
to process and track legal opinions/advice, administrative hearings,
litigation, and other legal projects and assignments, for FHFA-OIG's
Office of Counsel. The new system of records is described in detail
below.
SYSTEM NAME AND NUMBER:
Office of Counsel Legal Matters System, FHFA-OIG-9.
SECURITY CLASSIFICATION:
Unclassified.
SYSTEM LOCATION:
Office of Inspector General, Federal Housing Finance Agency, 400
Seventh Street SW, Washington, DC 20219, and any alternate work site
used by employees of FHFA-OIG and contractors assisting agency
employees.
SYSTEM MANAGER(S):
Chief Counsel, Office of Counsel, (202) 649-3065, Office of
Inspector General, Federal Housing Finance Agency, 400 Seventh Street
SW, Washington, DC 20219.
AUTHORITY FOR MAINTENANCE OF THE SYSTEM:
12 CFR 1200.1 through 1200.2; 5 U.S.C. 301; 5 U.S.C. 402 through
403; 12 U.S.C. 4517(d); and 44 U.S.C. 3101.
PURPOSE(S) OF THE SYSTEM:
The purpose of this system is to support the Inspector General and
FHFA-OIG staff on legal matters related to the functions, activities,
operations, and employees of FHFA-OIG. In addition, the system of
records may be used to track the status, progress, and disposition of
matters assigned to the legal staff, generate reports about any past or
planned activities for each matter, and capture summary information
(such as timelines, due dates, and work assignments). The system will
also maintain historical reference information pertaining to such
matters.
CATEGORIES OF INDIVIDUALS COVERED BY THE SYSTEM:
Individuals covered by this system are employees of and detailees
to the Office of Counsel, assigned contractor personnel; parties,
witnesses, subjects, complainants, and other persons
[[Page 84599]]
involved in litigation, administrative actions, and other legal
proceedings and activities conducted by FHFA-OIG.
CATEGORIES OF RECORDS IN THE SYSTEM:
Records maintained in this system include memoranda, personnel
documents, litigation documents, and other legal records that may
contain information such as the names, addresses, email addresses, and
telephone numbers for current or former FHFA-OIG employees and
contractor personnel, as well as descriptions of the matters as
provided by assigned FHFA-OIG staff. Records also may contain the names
of individuals or companies and associated entities that are relevant
to a matter, including parties, witnesses, agency employees, and agents
of the entities that FHFA regulates, interagency partners, and may
derive from pleadings and discovery materials generated in connection
with civil proceedings or administrative actions, as well as
correspondence or memoranda related to work assignments.
RECORD SOURCE CATEGORIES:
The names, business email addresses, and business telephone numbers
for FHFA-OIG employees and contractor personnel are obtained from the
FHFA-OIG Active Directory. Records also are provided by the Office of
Counsel employees and contractor personnel assigned to legal matters
and may derive from pleadings or discovery materials in connection with
civil proceedings or administrative actions, as well as correspondence
or memoranda related to work assignments.
ROUTINE USES OF RECORDS MAINTAINED IN THE SYSTEM, INCLUDING CATEGORIES
OF USERS AND PURPOSES OF SUCH USES:
In addition to those disclosures generally permitted under 5 U.S.C.
552a(b) of the Privacy Act, these records and the information contained
therein may be disclosed outside of FHFA-OIG as a routine use pursuant
to 5 U.S.C. 552a(b)(3) as follows, to the extent such disclosures are
compatible with the purposes for which the information was collected:
(1) To appropriate agencies, entities, and persons when--(a) FHFA-
OIG suspects or has confirmed that there has been a breach of the
system of records; (b) FHFA-OIG has determined that as a result of a
suspected or confirmed breach there is a risk of harm to individuals,
FHFA-OIG (including its information systems, programs, and operations),
the Federal Government, or national security; and (c) the disclosure
made to such agencies, entities, and persons as reasonably necessary to
assist with FHFA-OIG's efforts to (i) respond to a suspected or
confirmed breach or (ii) prevent, minimize, or remedy such harm.
(2) To another federal agency or federal entity, when FHFA-OIG
determines that information from this system of records is reasonably
necessary to assist the recipient agency or entity in: (a) responding
to a suspected or confirmed breach or; (b) preventing, minimizing, or
remedying the risk of harm to individuals, the recipient agency or
entity (including its information systems, programs, and operations),
the Federal Government, or to national security, resulting from a
suspected or confirmed breach.
(3) When there is evidence of a violation or potential violation of
law (whether civil, criminal, or regulatory in nature, and whether
arising by general statute or particular program statute or by
regulation, rule or order), the relevant records in the system of
records may be referred, as a routine use, to the appropriate agency
(e.g., federal, state, local, tribal, foreign, or a financial
regulatory organization) charged with the responsibility of
investigating or prosecuting such violations or charged with enforcing
or implementing a statute, rule, regulation, or order.
(4) To any individual during the course of an inquiry or
investigation conducted by FHFA-OIG, or in connection with litigation,
if FHFA-OIG has reason to believe the individual to whom the record is
disclosed may have further information relevant to the inquiry,
investigation, or litigation.
(5) To contractors, agents, or other authorized persons performing
work on behalf of FHFA-OIG who have a need to access the information in
the performance of their official duties or activities.
(6) To appropriate third parties contracted by FHFA-OIG to
facilitate mediation or other dispute resolution procedures or
programs.
(7) To outside counsel contracted by FHFA-OIG, the U.S. Department
of Justice (DOJ) (including United States Attorney Offices), or other
federal agencies conducting litigation or in proceedings before any
court, adjudicative or administrative body, when it is relevant and
necessary to the litigation and one of the following is a party to the
litigation or has an interest in the litigation:
a. FHFA-OIG;
b. An employee of FHFA-OIG in his/her official capacity;
c. An employee of FHFA-OIG in his/her individual capacity where DOJ
or FHFA-OIG has agreed to represent the employee; or
d. The United States or a federal agency, and FHFA-OIG determines
that the records are relevant and necessary to the litigation and the
use of the records is compatible with the purpose for which FHFA-OIG
collected the records.
(8) To the National Archives and Records Administration or other
federal agencies pursuant to records management inspections being
conducted under the authority of 44 U.S.C. 2904 and 2906.
(9) To an agency, organization, or individual for the purpose of
performing audit or oversight activities as authorized by law, but only
such information as is relevant and necessary to such activities.
(10) To another federal Office of the Inspector General, law
enforcement Task Force, or other federal, state, local, foreign,
territorial, or tribal unit of government, other public authorities, or
self-regulatory organizations for the purpose of preventing and/or
identifying fraud, waste, or abuse related to FHFA's programs or
operations.
(11) To other federal Offices of Inspector General or other
entities, during the conduct of internal and external peer reviews of
FHFA-OIG.
(12) To the public or to the media for release to the public when
the matter under audit, review, evaluation, investigation, or inquiry
has become public knowledge, or when the Inspector General determines
that such disclosure is necessary either to preserve confidence in the
integrity of FHFA-OIG's audit, review, evaluation, investigative, or
inquiry processes or is necessary to demonstrate the accountability of
FHFA-OIG employees, officers or individuals covered by the system,
unless the Inspector General or his/her delegee determines, after
consultation with counsel and the Senior Privacy Official, that release
of the specific information in the context of a particular case would
constitute an unwarranted invasion of personal privacy.
(13) To Congress, congressional committees, or the staffs thereof,
once an FHFA-OIG report or management alert has become final and the
Inspector General determines that its disclosure is necessary to
fulfill the Inspector General's responsibilities under the Inspector
General Act of 1978.
(14) To a federal agency or other entity which requires information
relevant to a decision concerning the hiring, appointment, or retention
of an employee or contractor; the assignment, detail, or deployment of
an employee or
[[Page 84600]]
contractor; the issuance, renewal, suspension, or revocation of an
employee's or contractor's security clearance; the execution of a
security or suitability investigation; the adjudication of liability;
or coverage under FHFA-OIG's liability insurance policy.
(15) To the Council of the Inspectors General on Integrity and
Efficiency and its committees, another federal Office of Inspector
General, or other Federal law enforcement office in connection with an
allegation of wrongdoing by the Inspector General or by designated
FHFA-OIG staff members.
POLICIES AND PRACTICES FOR STORAGE OF RECORDS:
Records are maintained in electronic format. Electronic records are
stored on FHFA-OIG's secure network, authorized cloud service
providers, and authorized contractor networks located within the
continental United States. Paper records are stored in locked offices,
locked file rooms, and locked file cabinets or safes.
POLICIES AND PRACTICES FOR RETRIEVAL OF RECORDS:
Records will be retrieved primarily by an individual's name or
business email address but may also be obtained by a search using any
search term or filter.
POLICIES AND PRACTICIES FOR RETENTION AND DISPOSAL OF RECORDS:
Records are retained and disposed of in accordance with FHFA's
Comprehensive Record Schedule, Section 4 (N1-543-11-1, approved on 01/
11/2013) and the FHFA-OIG File Plan.
ADMINISTRATIVE, TECHNICAL, AND PHYSICAL SAFEGUARDS:
Records are maintained in controlled access areas. Electronic
records are protected by restricted access procedures, including user
identifications and passwords. Only FHFA-OIG staff (and FHFA-OIG
contractors assisting such staff) whose official duties require access
are allowed to view, administer, and control these records. The System
Owner controls access to this System and limits access in accordance
with the above.
RECORD ACCESS PROCEDURES:
See ``Notification Procedures'' Below.
CONTESTING RECORD PROCEDURES:
See ``Notification Procedures'' Below.
NOTIFICATION PROCEDURES:
Individuals seeking notification of any records about themselves
contained in this system should address their inquiry via email to
[email protected], or by mail to the Office of Inspector General,
Federal Housing Finance Agency, 400 Seventh Street SW, 3rd Floor,
Washington, DC 20219, or in accordance with the procedures set forth in
12 CFR part 1204. Please note that all mail sent to FHFA-OIG via the
U.S. Postal Service is routed through a national irradiation facility,
a process that may delay delivery by approximately two weeks. For any
time-sensitive correspondence, please plan accordingly.
EXEMPTIONS PROMULGATED FOR THE SYSTEM:
None.
HISTORY:
None.
Mary B. Schaefer,
Acting Chief Counsel, Federal Housing Finance Agency, Office of
Inspector General.
[FR Doc. 2024-24483 Filed 10-22-24; 8:45 am]
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