[Privacy Act Issuances (2003)]
[From the U.S. Government Publishing Office, www.gpo.gov]

RESOLUTION TRUST CORPORATION

       Note: According to the Federal Home Loan Bank Act, as codified at 
   12 U.S.C. 1441(m)(1), the RTC terminated on December 31, 1995.

   RTC-1

   System name: Office of Inspector General Investigative Files.

     System location: 
       Office of Inspector General, Resolution Trust Corporation, 
   International Place, 1735 North Lynn Street, Rosslyn, VA 22209.
     Categories of records in the system: 
       (1) All documents and correspondence relevant to the 
   investigation;
       (2) All internal staff memoranda, copies of all subpoenas issued 
   during the investigation, affidavits, statements from witnesses, 
   transcripts of testimony taken in the investigation and accompanying 
   exhibits;
       (3) Documents and records or copies obtained during the 
   investigation;
       (4) Legal briefs, memoranda, and other working papers of the 
   staff and other documents and records relating to the investigation; 
   and
       (5) Opening reports, progress reports, and closing reports.
     Categories of individuals covered by the system: 
       Individuals who are involved in or are the subject of 
   investigations by the OIG relating to the programs and operations of 
   the RTC.
     Authority for maintenance of the system: 
       5 U.S.C. 552a, 5 U.S.C. app. 3, 12 U.S.C. 1441a(b).
     Routine uses of records maintained in the system, including 
   categories of users and the purposes of such uses: 
       These records may be used as follows:
       (1) In the event that a record from this system of records, by 
   itself or in combination with other information, maintained by the 
   OIG to carry out its functions, indicates a violation or potential 
   violation of law, whether civil, criminal, or regulatory in nature; 
   whether arising by general statute or particular program statute, or 
   by regulation, rule, or order issued pursuant thereto, then the 
   relevant records in the system of records may be referred, as a 
   routine use, to the appropriate agency, whether Federal, foreign, 
   State, or local, charged with enforcing or implementing the statute, 
   regulation, or order.
       (2) Disclosure may be made where necessary to Federal, foreign, 
   State, or local agencies, or non-government parties, in order to 
   obtain records or information in connection with an OIG 
   investigation.
       (3) Disclosure may be made to a Federal, State, or local 
   financial regulatory agency where records in this system of records 
   pertain to an applicant for employment, to a current employee of that 
   agency where an agency decision with regard to the hiring or 
   retention of the employee is pending, or to a current or former 
   employee of a financial institution which is or has been operating as 
   an RTC conservatorship or receivership. The information being 
   transferred consists solely of the fact that OIG has conducted an 
   investigation concerning the particular individual.
       (4) Disclosure may be made to the Office of Special Counsel of 
   information relevant and necessary to carry out its functions and 
   relevant and necessary to carry out OIG operations to detect and 
   prevent fraud, waste, and abuse.
       (5) Disclosure may be made to the Thrift Depositor Protection 
   Oversight Board of information relevant and necessary to carry out 
   its oversight of the RTC and to carry out OIG operations to detect 
   fraud, waste, and abuse.
       (6) Disclosure may be made when OIG contracts with private firms 
   for the purpose of maintaining, collating, analyzing, aggregating or 
   otherwise reviewing records. Disclosure will also be made to 
   independent auditors who, by contract, carry out audits on behalf of 
   OIG. Such contractors will be required to maintain Privacy Act 
   safeguards with respect to such records.
       (7) In the event OIG deems it desirable or necessary to determine 
   whether particular records are required to be disclosed under the 
   Freedom of Information Act, then disclosure may be made to the 
   Department of Justice for the purpose of obtaining its advice on 
   applying the Freedom of Information Act to the record(s) at issue.
       (8) In the event of litigation where one of the parties is:
       (i) A component of the RTC, or any employee of the RTC in his or 
   her official capacity,
       (ii) The United States where the RTC determines that the 
   litigation is likely to directly affect the operations of the RTC or 
   any of its components or,
       (iii) An RTC employee in his or her individual capacity, where 
   the Department of Justice and/or the Legal Division of the RTC has 
   agreed to represent such employee, then the OIG may disclose such 
   records as it deems necessary to the Department of Justice, the RTC 
   Legal Division, other counsel or representative for the RTC, a court, 
   adjudicative body, individual or entity designated by the OIG or the 
   RTC to resolve disputes, and/or a potential witness.
       (9) Disclosure of a record of an individual may be made to a 
   Congressional office in response to an inquiry from that office made 
   at the written request of that individual.
   Disclosure to consumer reporting agencies:
       Disclosures pursuant to 5 U.S.C. 552a(b)(12). Disclosures may be 
   made from this system to ``consumer reporting agencies'' as defined 
   in the Fair Credit Reporting Act (15 U.S.C. 1681a(f)) or the Federal 
   Claims Collection Act of 1966 (31 U.S.C. 3701(a)(3)) in accordance 
   with Title 31 U.S.C. section 3711(f).
     Policies and practices for storing, retrieving, accessing, 
   retaining, and disposing of records in the system:
     Storage: 
       The Office of Inspector General Investigative Files consist of 
   automated data and paper records. Paper records are stored in file 
   cabinets and the automated data are maintained in secured offices in 
   OIG.
     Retrievability: 
       The records are retrieved by the name of the subject of the 
   investigation or by a unique control number assigned to each 
   investigation.
     Safeguards: 
       These records are available only to those persons whose official 
   duties require such access. The records are kept in limited access 
   areas during duty hours and in locked offices at all other times. 
   Access to automated data is controlled by computer access codes.
     Retention and disposal: 
       Files containing information or allegations, which are of an 
   investigative nature but do not relate to a specific investigation, 
   are retained for a period of 5 years and then destroyed. All other 
   investigative files are placed in inactive files when the case is 
   closed. From the end of the fiscal year in which the case is closed 
   the files are retained for 10 years and then destroyed unless the 
   record is deemed to have historical significance.
     System manager(s) and address: 
       Inspector General, Office of Inspector General, Resolution Trust 
   Corporation, International Place, 1735 North Lynn Street, Rosslyn, 
   VA, 22209.
     Notification procedure: 
       Individuals seeking to determine whether this system of records 
   contains information about themselves, seeking access to records 
   about themselves in this system of records, or contesting the content 
   of records about themselves, should write to the System Manager at 
   the above address. The request should contain the full name, Social 
   Security Number, signature of the individual, and copies of two forms 
   of identification which contain the signature of the individual. An 
   affidavit attesting to the identity of the individual is suggested.
     Record access procedures: 
       See Notification Procedures above.
     Contesting record procedures: 
       See Notification Procedures above.
     Record source categories: 
       Information in these records is obtained from RTC staff and 
   records, and from non-RTC persons and records, to the extent 
   necessary to carry out OIG investigative operations by 5 U.S.C. app. 
   3. Individuals to be interviewed and records to be examined are 
   selected based on the nature of the allegations being investigated.
     System exempted from certain provisions of the act: 
       Under 5 U.S.C. 552a(j)(2), this system of records is exempt from 
   5 U.S.C. 522a except subsections (b), (c)(1), and (2), (e)(4)(A) 
   through (F), (e)(6), (7), (9), (10), and (11), and (i) to the extent 
   the system of records pertains to the enforcement of criminal laws. 
   Pursuant to 5 U.S.C. 552a(k)(2), this system of records is exempt 
   from 5 U.S.C. 552a(c)(3), (d), (e)(1), (e)(4)(G), (H), and (I) and 
   (f) to the extent it consists of investigatory material compiled for 
   law enforcement purposes, other than material within the scope of the 
   exemption at 5 U.S.C. 552a(j)(2), provided, however, that if any 
   individual is denied any right, privilege, or benefit that he would 
   otherwise be entitled to by Federal law, or for which he would 
   otherwise be eligible, as a result of the maintenance of such 
   material, such material shall be provided to such individual, except 
   to the extent that the disclosure of such material would reveal the 
   identity of a source who furnished information to the Government 
   under an express promise that the identity of the source would be 
   held in confidence, or, prior to January 1, 1975, under an implied 
   promise that the identity of the source would be held in confidence. 
   Pursuant to 5 U.S.C. 552a(k)(5), this system of records is also 
   exempted from 5 U.S.C. 552a(c)(3), (d), (e)(1), (e)(4)(G), (H), and 
   (I) and (f) to the extent the system of records contains 
   investigatory material compiled solely for the purpose of determining 
   suitability, eligibility, or qualifications for Federal civilian 
   employment, Federal contracts, or access to classified information, 
   but only to the extent that the disclosure of such material would 
   reveal the identity of a source who furnished information to the 
   Government under an express promise that the identity of the source 
   would be held in confidence, or, prior to January 1, 1975, under an 
   implied promise that the identity of the source would be held in 
   confidence. These exemptions are contained at 12 CFR 1680.33.

   RTC-2

   System name: FDIC/RTC Employee Financial Disclosure Statements 
      System. RTC-2.

     System location: 
       Confidential Statements of Employment and Finanical Interests, 
   Reports of Interest in Bank Securities, Confidential Reports of 
   Employment Upon Resignation, Employee Certification and 
   Acknowledgement of FDIC/RTC Standards of Conduct Regulation, and any 
   financial disclosure/conflict of interest or similar form required to 
   be completed by the Office of Government Ethics, and related records 
   are located in designated divisional, regional, or consolidated 
   offices to which individuals covered by the system are assigned. 
   Duplicate copies of the above records are maintained in the Office of 
   Ethics and Protests, RTC, 801 17th Street, NW, Washington, DC 20434-
   0001, for the purpose of certification of review and resolution of 
   conflicts of interest disclosed therein. Confidential Reports of 
   Indebtedness and related records are located in the Office of Ethics. 
   A list of the RTC's divisional, regional and consolidated offices is 
   available from the RTC Reading Room, 801 17th Street, NW, Washington, 
   DC 20434-0001, (202) 416-6940.
     Categories of individuals covered by the system: 
       Current and former Federal Deposit Insurance Corporation officers 
   and employees who are working for or who have worked for the RTC, and 
   special government employees required to file any of the following 
   forms: (1) Confidential Statement of Employment and Financial 
   Interests; (2) Confidential Report of Indebtedness; (3) Report of 
   Interest in Bank Securities and Interest in RTC Decision; (4) 
   Confidential Report of Employment Upon Resignation; and (5) Employee 
   Certification and Acknowledgement of FDIC/RTC Standards of Conduct 
   Regulation.
     Categories of records in the system: 
       Information in this system includes data directly furnished by 
   the individual on the following five forms or related records that 
   may be generated in the course of the RTC`s administration of 
   Executive Orders 12674 and 12731 as amended or as superseded, and/or 
   12 CFR part 1605:
       (1) Confidential Statement of Employment and Financial 
   Interests--Contains statements of personal and family holdings, 
   interests in business enterprises and real property, creditors, and 
   outside employment.
       (2) Confidential Report of Indebtedness--Contains information on 
   extensions of credit (loans and credit cards) by insured and non-
   insured depository institutions and their affiliates; and may also 
   contain memoranda and correspondence relating to requests for 
   approval of certain loans extended by insured depository institutions 
   or affiliates thereof.
       (3) Report of Interest in Bank Securities and Interest in RTC 
   Decision--Contains information on whether or not an employee owns or 
   controls, directly or indirectly, any securities of insured 
   depository institutions or affiliates thereof, and if so, lists 
   specific securities, the nature and extent of such interests and the 
   manner of acquisition, contains information on other outside 
   interests which may have an impact on an employee's official duties, 
   and may contain memoranda and correspondence relating to requests for 
   approval of retention of securities of insured depository 
   institutions by employees.
       (4) Confidential Report of Employment Upon Resignation--Contains 
   information as to the employee's prospective employer, the nature of 
   the business or organization activities of the prospective employer, 
   the position the employee will occupy, dates of negotiation for such 
   employment, and the employee's official involvement, if any, with the 
   prospective employer.
       (5) Employee Certification and Acknowledgement of FDIC/RTC 
   Standards of Conduct Regulation--Contains employee's certification 
   and acknowledgement that he or she has received a copy of the 
   standards of conduct, has viewed the FDIC/RTC Orientation Ethics 
   Video, and has a positive responsibility to comply with the standards 
   of conduct.
     Authority for maintenance of the system: 
       Section 502 of E.O. 12674, 3 CFR 215 (1989), as amended by E.O. 
   12731, 3 CFR 306 (1990); section 21A of the Federal Home Loan Bank 
   Act of 1932 (12 U.S.C. 1441a(b)), as amended. The Financial 
   Institutions Reform, Recovery, and Enforcement Act of 1989, 12 U.S.C. 
   1441(p).
     Routine uses of records maintained in the system, including 
   categories of users and the purposes of such uses: 
       Information in this system may be disclosed where the Director of 
   the U.S. Office of Government Ethics or the RTC's Chief Executive 
   Officer, or designee, determines that good cause has been shown for 
   such use:
       (1) To the appropriate federal, state, or local agency or 
   authority responsible for investigating or prosecuting a violation of 
   or for enforcing or implementing a statute, rule, regulation, or 
   order when the information indicates 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 issued pursuant thereto.
       (2) To a congressional office in response to an inquiry made at 
   the request of the individual to whom the information pertains.
       (3) To any source where necessary to obtain information relevant 
   to a conflict-of-interest investigation or determination.
       (4) To a court, magistrate, or administrative tribunal in the 
   course of presenting evidence, including disclosures to counsel or 
   witnesses in the course of civil discovery, litigation or settlement 
   negotiations, or in connection with the criminal proceedings.
       (5) To the United States Office of Personnel Managment, Office of 
   Government Ethics, the Merit Systems Protection Board, the Office of 
   the Special Counsel, the Federal Labor Relations Authority, an 
   aribtrator, and the Equal Employment Opportunity Commission, to the 
   extent disclosure is necessary to carry out the government-wide 
   personnel management, investigatory, adjudicatory and appellate 
   functions with their respective jurisdiction.
     Policies and practices for storing, retrieving, accessing, 
   retaining, and disposing of records in the system: 
     Storage: 
       Maintained in file folders in Office of Ethics and Protests and 
   designated divisional, regional, or consolidated offices to which 
   individuals covered by the system are located, and on an automated 
   tracking system.
     Retrievability: 
       Indexed by name.
     Safeguards: 
       Maintained in lockable metal file cabinets in lockable offices 
   and, on a password-protected automated index system.
     Retention and disposal: 
       Retained for six years and then destroyed by shredding except 
   when the documents are relevant and/or needed in an ongoing 
   investigation they will be retained until no longer needed.
     System manager(s) and address: 
       Ethics Program Manager (Employees), RTC, 801 17th Street, NW, 
   Washington, DC 20434-0001.
     Notification procedure: 
       Requests must be in writing and addressed to the Office of the 
   Secretary, RTC, International Place, 1735 North Lynn Street, Rosslyn, 
   VA 22209. The request must contain the name and office of the 
   individual covered by the system, and a notarized statement attesting 
   to the individual's indentity may be required.
     Record access procedure:
       Same as ``Notification'' above.
     Contesting record procedures: 
       Same as ``Notification'' above.
     Record source categories: 
       The information is obtained from the individual on whom the 
   record is maintained or a person designated by him or her and from 
   the RTC's Ethics Program Manager (Employees) and support personnel. 
   Information may also be obtained from the other parties to whom the 
   RTC has supplied information in connection with evaluating the 
   records maintained in the Employee Financial Disclosure Statements 
   system.
     Systems exempted from certain provisions of the act: 
       None.