Notice2021-25184
Privacy Act of 1974; System of Records
Primary source
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Published
November 18, 2021
Effective
November 18, 2021
Issuing agencies
Federal Housing Finance Agency
Abstract
In accordance with the requirements of the Privacy Act of 1974, as amended, (Privacy Act), the Federal Housing Finance Agency (FHFA or Agency) is establishing FHFA-26, Public Health Emergency Records System, a system of records under the Privacy Act. This system of records maintains information collected in response to a public health emergency, such as a pandemic or epidemic, from FHFA staff (including political appointees, employees, former employees, detailees, applicants for employment, and interns), contractors, and visitors to FHFA facilities or FHFA-sponsored events, that is necessary to ensure a safe and healthy work environment. FHFA may collect these records in response to a health-related declaration of a national emergency by the President, a public health emergency declared by the Health and Human Service (HHS) Secretary or designated federal official, or a public health emergency declared by a state or local authority. Even in the absence of a declaration of a health-related national emergency or public health emergency, FHFA may collect these records if it determines that a significant risk of substantial harm exists to the health of FHFA staff (as defined above), contractors, and visitors to FHFA facilities or FHFA-sponsored events.
Full Text
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<title>Federal Register, Volume 86 Issue 220 (Thursday, November 18, 2021)</title>
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[Federal Register Volume 86, Number 220 (Thursday, November 18, 2021)]
[Notices]
[Pages 64468-64471]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2021-25184]
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FEDERAL HOUSING FINANCE AGENCY
[No. 2021-N-12]
Privacy Act of 1974; System of Records
AGENCY: Federal Housing Finance Agency.
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
(FHFA or Agency) is establishing FHFA-26, Public Health Emergency
Records System, a system of records under the Privacy Act. This system
of records maintains information collected in response to a public
health emergency, such as a pandemic or epidemic, from FHFA staff
(including political appointees, employees, former employees,
detailees, applicants for employment, and interns), contractors, and
visitors to FHFA facilities or FHFA-sponsored events, that is necessary
to ensure a safe and healthy work environment. FHFA may collect these
records in response to a health-related declaration of a national
emergency by the President, a public health emergency declared by the
Health and Human Service (HHS) Secretary or designated federal
official, or a public health emergency declared by a state or local
authority. Even in the absence of a declaration of a health-related
national emergency or public health emergency, FHFA may collect these
records if it determines that a significant risk of substantial harm
exists to the health of FHFA staff (as defined above), contractors, and
visitors to FHFA facilities or FHFA-sponsored events.
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 November 18,
2021, unless otherwise revised pursuant to comments received. New
routine uses will go into effect on December 20, 2021. Comments must be
received on or before December 20, 2021. FHFA 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, identified by ``2021-N-12,'' using
any one of the following methods:
<bullet> Agency Website: <a href="http://www.fhfa.gov/open-for-comment-or-input">www.fhfa.gov/open-for-comment-or-input</a>.
<bullet> Federal eRulemaking Portal: <a href="https://www.regulations.gov">https://www.regulations.gov</a>.
Follow the instructions for submitting comments. If you submit your
comment to the Federal eRulemaking Portal, please also send it by email
to FHFA at <a href="/cdn-cgi/l/email-protection#8ddfe8eacee2e0e0e8e3f9fecdebe5ebeca3eae2fb"><span class="__cf_email__" data-cfemail="db89bebc98b4b6b6beb5afa89bbdb3bdbaf5bcb4ad">[email protected]</span></a> to ensure timely receipt by FHFA.
Please include ``Comments/No. 2021-N-12'' in the subject line of the
message.
<bullet> Hand Delivered/Courier: The hand delivery address is:
Clinton Jones, General Counsel, Attention: Comments/No. 2021-N-12,
Federal Housing Finance Agency, 400 Seventh Street SW, Washington, DC
20219. The package should be delivered to the Seventh Street entrance
Guard Desk, First Floor, on business days between 9 a.m. and 5 p.m.,
EST.
<bullet> U.S. Mail, United Parcel Service, Federal Express, or
Other Mail Service: The mailing address for comments is: Clinton Jones,
General Counsel, Attention: Comments/No. 2021-N-12, Federal Housing
Finance Agency, 400 Seventh Street SW, Washington, DC 20219. Please
note that all mail sent to FHFA via the U.S. Postal Service is routed
through a national irradiation
[[Page 64469]]
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: Stephanie L. Beavers, Supervisory
Security Specialist, <a href="/cdn-cgi/l/email-protection#46153223362e27282f23680423273023343506202e202768212930"><span class="__cf_email__" data-cfemail="712205140119101f18145f3314100714030231171917105f161e07">[email protected]</span></a>, (202) 649-3940; Stacy
Easter, Privacy Act Officer, <a href="/cdn-cgi/l/email-protection#5e2e2c37283f3d271e3836383f70393128"><span class="__cf_email__" data-cfemail="93e3e1fae5f2f0ead3f5fbf5f2bdf4fce5">[email protected]</span></a> or (202) 649-3803; or
Tasha Cooper, Senior Agency Official for Privacy, <a href="/cdn-cgi/l/email-protection#ef9f9d86998e8c96af8987898ec1888099"><span class="__cf_email__" data-cfemail="29595b405f484a50694f414f48074e465f">[email protected]</span></a> or
(202) 649-3091 (not toll-free numbers), Federal Housing Finance Agency,
400 Seventh Street SW, Washington, DC 20219. For TTY/TRS users with
hearing and speech disabilities, dial 711 and ask to be connected to
any of the contact numbers above.
SUPPLEMENTARY INFORMATION:
I. Comments
FHFA 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. 2021-N-12,'' please reference
FHFA-26, Public Health Emergency Records System. All comments received
will be posted without change on the FHFA website at <a href="https://www.fhfa.gov">https://www.fhfa.gov</a> and will include any personal information provided, such
as name, address (mailing and email), telephone numbers.
II. Introduction
This notice informs the public of FHFA's proposal to establish a
new FHFA system of records. This notice satisfies the Privacy Act's
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. The General
Counsel has determined that 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 OMB Circular No. A-108, Federal Agency Responsibilities
for Review, Reporting, and Publication under the Privacy Act, (81 FR
94424 (Dec. 23, 2016)), prior to publication of this notice, FHFA
submitted a report describing the system of records covered by this
notice to the Office of Management and Budget, the Committee on
Oversight and Government Reform of the House of Representatives and the
Committee on Homeland Security and Governmental Affairs of the Senate.
III. New System of Records
The purpose of the new ``Public Health Emergency Records System''
(FHFA-26) is to assist FHFA with maintaining a safe and healthy
workplace and responding to a public health emergency. These measures
may include instituting activities such as: Requiring FHFA staff (as
defined above), contractors, and visitors to FHFA facilities or FHFA-
sponsored events to provide information related to medical/health
screening, contact tracing, and vaccination status before being allowed
access to an FHFA facility or FHFA-sponsored event, a regulated
entity's facility, or the facility of a third-party for official
business purposes.
FHFA may collect these records in response to a health-related
declaration of a national emergency by the President, a public health
emergency declared by the HHS Secretary or a designated federal
official, or a public health emergency declared by a state or local
authority. In the absence of a declaration of a health-related national
emergency or public health emergency, FHFA may collect these records if
it determines that a significant risk of substantial harm exists to the
health of FHFA staff (as defined above), contractors, and visitors to
FHFA facilities or FHFA-sponsored events. FHFA will collect and
maintain the records in accordance with the Americans with Disabilities
Act of 1990 and guidance published by the U.S. Occupational Safety and
Health Administration, the U.S. Equal Employment Opportunity
Commission, and the U.S. Centers for Disease Control and Prevention.
The new system of records is described in detail below.
SYSTEM NAME AND NUMBER:
Public Health Emergency Records System, FHFA-26.
SECURITY CLASSIFICATION:
Controlled Unclassified Information.
SYSTEM LOCATION:
Federal Housing Finance Agency, 400 Seventh Street SW, Washington,
DC 20219, and any alternate work site used by employees of FHFA,
including contractors assisting agency employees, FHFA-authorized cloud
service providers, and FHFA-authorized contractor networks located
within the Continental United States.
SYSTEM MANAGER(S):
Office of Facilities and Operations Management, Security &
Transportation Operations Branch, Supervisory Security Specialist,
(202) 649-3940, Federal Housing Finance Agency, 400 Seventh Street SW,
Washington, DC 20219.
AUTHORITY FOR MAINTENANCE OF THE SYSTEM:
Workforce safety federal requirements, including the Occupational
Safety and Health Act of 1970 (29 U.S.C. 654); Occupational safety and
health programs for Federal employees; 5 U.S.C. 7902; the
Rehabilitation Act of 1973 (29 U.S.C. 791 et seq.); Title VII of the
Civil Rights Act (42 U.S.C. 2000e(j)); 29 CFR 1605; the Americans with
Disabilities Act (42 U.S.C. 12112(d)(3)(B)); Executive Order Nos.
12196, 12148, 12656, 13991, 13994, 14042 and 14043; the federal laws
that authorize FHFA to create and maintain federal records of agency
activities, 5 U.S.C. 301, 44 U.S.C. 3101; and the Federal Housing
Enterprises Financial Safety and Soundness Act of 1992, as amended (12
U.S.C. 4501 et seq.).
PURPOSE(S) OF THE SYSTEM:
The Public Health Emergency Records System (FHFA-26) is being
established by FHFA to assist the agency with maintaining a safe and
healthy workplace and responding to a public health emergency. These
measures may include instituting activities such as: Requiring FHFA
staff, contractors, and visitors to FHFA facilities or FHFA-sponsored
events to provide information related to medical/health screening,
contact tracing, and vaccination status before being allowed access to
an FHFA facility or FHFA-sponsored event, a regulated entity's
facility, or the facility of a third-party for official business
purposes, in response to a health-related declaration of a national
emergency by the President, a public health emergency declared by the
HHS Secretary or designated federal official, or a public health
emergency declared by a state or local authority. In the
[[Page 64470]]
absence of a declaration of a health-related national emergency or
public health emergency, FHFA may collect these records if it
determines that a significant risk of substantial harm exists to the
health of FHFA staff, contractors, and visitors to FHFA facilities,
FHFA-sponsored events, a regulated entity's facility, or a third-
party's facility. The system serves four main purposes: 1. Assist with
medical/health screening for individuals requesting entry into FHFA
facilities or FHFA-sponsored events; 2. Perform contact tracing to
notify individuals who may have had exposure to someone who is known or
is believed to be infected with a contagious or communicable disease
that is the subject of a public health emergency; 3. Establish a record
collection to ensure FHFA collects medical information if it determines
that a significant risk of substantial harm exists to the health of
FHFA Staff, in addition to collecting medical information pursuant to
the implementing guidance of applicable federal laws, public health
mandates, and executive orders; and 4. Evaluate, approve, deny, and
implement requests for medical and religious exceptions.
CATEGORIES OF INDIVIDUALS COVERED BY THE SYSTEM:
Individuals covered by this system include FHFA staff (as defined
above), contractors, and visitors to FHFA facilities and FHFA-sponsored
events during a public health emergency, such as a pandemic or
epidemic.
CATEGORIES OF RECORDS IN THE SYSTEM:
Records may include: Name; contact information (i.e., business and
home addresses, business and personal electronic mail (email)
addresses, business, home, cellular, personal telephone numbers); and
any other information provided.
The system includes medical/health and relevant religious
information collected about FHFA staff (as defined above), contractors,
and visitors before being allowed to access an FHFA facility or FHFA-
sponsored event, a regulated entity's facility, or a third-party's
facility for official business purposes including, but not limited to:
Temperature checks; expected or confirmed test results for an illness
that is the subject of a public health emergency in accordance with
federal, state, or local public health orders; symptoms; potential or
actual exposure to a contagious or communicable disease; immunization
and vaccination information for FHFA staff and contractors; attestation
of vaccination and/or exposure to a communicable disease status from
visitors; medical history related to the treatment of a contagious or
communicable disease that is identified as part of a public health
emergency; and the dates associated with any of the foregoing
information.
The system also includes information collected from FHFA staff (as
defined above), contractors, visitors to an FHFA facility or FHFA-
sponsored event, a regulated entity's facility, or facility of a third-
party for official business purposes that is necessary to conduct
contact tracing that may include, but is not limited to, the above
information.
This information may also include, but is not limited to, the dates
and the relevant facilities visited or FHFA-sponsored event attended;
the names or descriptions (e.g., gender, race, approximate age, and
other physical descriptors) of individuals they came into contact with;
the specific locations (e.g. building floor, specific FHFA office)
visited within the facility; the duration of time spent in the facility
or in close proximity to other individuals; whether the individual may
have potentially come into contact with a contagious person while
visiting the facility; travel dates and locations; and contact
information (phone, email address, and mailing address).
The system also includes medical, vaccination, and immunization
records for FHFA staff and contractors pertaining to any illness that
is the subject of a public health emergency including, but not limited
to, the type and dose of vaccinations received, date(s) of
vaccination(s), and vaccine provider, as well as the absence of
vaccination information or other medical information.
The system also includes records documenting the evaluation,
approval, and denial of requests for medical and religious exceptions.
RECORD SOURCE CATEGORIES:
Information is provided by FHFA staff (as defined above),
contractors, and visitors before being allowed access to an FHFA
facility, FHFA-sponsored event, a regulated entity's facility, or the
facility of a third-party for official business purposes.
For FHFA contractors and visitors, information may also be provided
by their employer or the organization the individual is affiliated with
for purposes of accessing an FHFA facility or FHFA-sponsored event, a
regulated entity's facility, or the facility of a third-party for
official business purposes. For any of the individuals above who are
minors, the information may be provided by the individual's parent or
legal custodian.
Information may also be sourced from existing FHFA systems of
records, including but not limited to, Benefits Records (FHFA-10),
Emergency Notification System (FHFA-14), Reasonable Accommodations
(FHFA-18), and also Government-wide systems of records, such as OPM/
GOVT-10, Employee Medical File System Records.
Information is also provided by individuals who are responsible for
processing requests for medical and/or religious exceptions.
ROUTINE USES OF RECORDS MAINTAINED IN THE SYSTEM, INCLUDING CATEGORIES
OF USERS AND THE 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 specifically be disclosed outside of FHFA 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 a federal, state, or local agency to the extent necessary to
comply with laws governing reporting of infectious disease.
(2) To the emergency contact(s) of FHFA staff (as defined above),
contractors, or visitors for purposes of locating such individuals
during a public health emergency or communicate that an individual may
have been exposed to a contagious or communicable disease as the result
of a pandemic or epidemic while visiting an FHFA facility, FHFA-
sponsored event, a regulated entity's facility, or a third-party's
facility while the individual was there for official business.
(3) To appropriate agencies, entities, and persons when--(a) FHFA
suspects or has confirmed that there has been a breach of the system of
records; (b) FHFA has determined that as a result of a suspected or
confirmed breach there is a risk of harm to individuals, FHFA
(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 are reasonably necessary to
assist with FHFA's efforts to respond to a suspected or confirmed
breach or to prevent, minimize, or remedy harm;
(4) To another federal agency or federal entity, when FHFA
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
[[Page 64471]]
entity (including its information systems, programs, and operations),
the Federal Government, or national security, resulting from a
suspected or confirmed breach.
(5) When there is an indication 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 issued pursuant thereto, the relevant records
in the system of records may be referred, as a routine use, to the
appropriate agency, whether federal, state, local, tribal, foreign or a
financial regulatory organization charged with the responsibility of
investigating or prosecuting such violation or charged with enforcing
or implementing a statute, or rule, regulation or order issued pursuant
thereto.
(6) To any individual during the course of any inquiry or
investigation conducted by FHFA, or in connection with civil
litigation, if FHFA has reason to believe that the individual to whom
the record is disclosed may have further information about the matters
related thereto, and those matters appeared to be relevant at the time
to the subject matter of the inquiry.
(7) To any individual with whom FHFA contracts to collect, store,
or maintain, or reproduce by typing, photocopy or other means, any
record within this system for use by FHFA and its employees in
connection with their official duties, or to any individual who is
engaged by FHFA to perform clerical or stenographic functions relating
to the official business of FHFA.
(8) To a Congressional office from the record of an individual in
response to an inquiry from the Congressional office made at the
request of that individual.
(9) To a court, magistrate, or administrative tribunal in the
course of presenting evidence, including disclosures to opposing
counsel or witnesses in the course of civil discovery, litigation, or
settlement negotiations or in connection with criminal law proceedings
or in response to a subpoena from a court of competent jurisdiction.
(10) To the Office of Management and Budget, Department of Justice
(DOJ), Department of Labor, Office of Personnel Management, Equal
Employment Opportunity Commission, Office of Special Counsel, or other
federal agencies to obtain advice regarding statutory, regulatory,
policy, and other requirements related to the purpose for which FHFA
collected the records.
(11) To outside counsel contracted by FHFA, 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 necessary to the litigation and one of
the following is a party to the litigation or has an interest in such
litigation--
(a) FHFA;
(b) Any employee of FHFA in his/her official capacity;
(c) Any employee of FHFA in his/her individual capacity where DOJ
or FHFA has agreed to represent the employee; or
(d) The United States or any agency thereof, is a party to the
litigation or has an interest in such litigation, and FHFA determines
that the records are both relevant and necessary to the litigation and
the use of such records is compatible with the purpose for which FHFA
collected the records.
(12) 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.
(13) To an agency, organization, or individual for the purpose of
performing audit or oversight operations as authorized by law, but only
such information as is necessary and relevant to such audit or
oversight function.
(14) To a regulated entity or third-party for the purpose of
providing FHFA staff or contractors access to a facility for official
business purposes, limited to the least amount of information necessary
for such purpose as determined or agreed to by FHFA.
POLICIES AND PRACTICES FOR STORAGE OF RECORDS:
Records are maintained in electronic or paper format. Electronic
records are stored on FHFA's secured network, FHFA-authorized cloud
service providers and FHFA-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 may be retrieved by any of the following: Name, contact
information such as address (home, mailing and/or business); telephone
numbers (personal and/or business); electronic mail addresses (personal
and/or business); photographic identifiers; geospatial and/or
geolocation data; date of entry into FHFA facilities; symptoms or other
medical information reported; offices or floors visited within FHFA
facilities; names of individuals reported as being in close proximity
to another individual; the names of individuals contacted as part of
contact tracing effort; vaccination status; vaccination date(s);
vaccination type(s); and work status (full or part time FHFA employee,
contractor, etc.).
POLICIES AND PRACTICIES FOR RETENTION AND DISPOSAL OF RECORDS:
Records are retained and disposed of in accordance with National
Archives and Records Administration General Records Schedule 2.7, Item
060, Item 070, and General Records Schedule 2.3, Item 020.
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 staff (and FHFA contractors
assisting such staff) whose official duties require access are allowed
to view, administer, and control these records.
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 to the Privacy
Act Officer, via email to <a href="/cdn-cgi/l/email-protection#6b1b19021d0a08122b0d030d0a450c041d"><span class="__cf_email__" data-cfemail="79090b100f181a00391f111f18571e160f">[email protected]</span></a> or by mail to the Federal
Housing Finance Agency, 400 Seventh Street SW, Washington, DC 20219, or
in accordance with the procedures set forth in 12 CFR part 1204. 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.
EXEMPTIONS PROMULGATED FOR THE SYSTEM:
None.
HISTORY:
None.
Clinton Jones,
General Counsel, Federal Housing Finance Agency.
[FR Doc. 2021-25184 Filed 11-17-21; 8:45 am]
BILLING CODE 8070-01-P
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This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.