Notice2021-25189
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 Office of Inspector General (FHFA-OIG) is establishing FHFA-OIG-8, 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 contractors and visitors to FHFA-OIG facilities or FHFA-OIG- sponsored events, that is necessary to ensure a safe and healthy work environment. FHFA-OIG 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 Services (HHS) Secretary or designated federal official, or state or local authority. Even in the absence of a declaration of a health-related national emergency or public health emergency, FHFA-OIG may collect these records if it determines that a significant risk of substantial harm exists to the health of FHFA-OIG staff, contractors, and visitors to FHFA-OIG facilities or FHFA-OIG-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 64472-64475]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2021-25189]
[[Page 64472]]
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FEDERAL HOUSING FINANCE AGENCY
[No. 2021-N-13]
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-8,
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 contractors and visitors to FHFA-OIG facilities or FHFA-OIG-
sponsored events, that is necessary to ensure a safe and healthy work
environment. FHFA-OIG 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 Services (HHS)
Secretary or designated federal official, or state or local authority.
Even in the absence of a declaration of a health-related national
emergency or public health emergency, FHFA-OIG may collect these
records if it determines that a significant risk of substantial harm
exists to the health of FHFA-OIG staff, contractors, and visitors to
FHFA-OIG facilities or FHFA-OIG-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-OIG will publish a new
notice if the effective date is delayed in order for FHFA-OIG to review
the comments or if changes are made based on comments received.
ADDRESSES: Submit comments to FHFA-OIG, identified by ``FHFA-OIG-
SORN,'' using any one of the following methods:
<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-OIG at <a href="/cdn-cgi/l/email-protection#c9b9bba0bfa8aab089afa1afa8a6a0aee7aea6bf"><span class="__cf_email__" data-cfemail="b8c8cad1ced9dbc1f8ded0ded9d7d1df96dfd7ce">[email protected]</span></a> to ensure timely receipt by FHFA-
OIG. Please include ``Comments/FHFA-OIG SORN'' in the subject line of
the message.
<bullet> U.S. Mail, United Parcel Service, Federal Express, or
Other Mail Service: The mailing address for comments is: Leonard
DePasquale, Chief Counsel, Attention: Comments/FHFA-OIG SORN, Office of
Inspector General, Federal Housing Finance Agency, 400 Seventh Street
SW, Washington, DC 20219. 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. See
SUPPLEMENTARY INFORMATION for additional information on submission and
posting of comments.
FOR FURTHER INFORMATION CONTACT: Leonard DePasquale, Chief Counsel,
<a href="/cdn-cgi/l/email-protection#f9898b908f989a80b99f919f9896909ed79e968f"><span class="__cf_email__" data-cfemail="2f5f5d46594e4c566f4947494e40464801484059">[email protected]</span></a>, (202) 730-0880 (not a toll-free number), Office of
Inspector General, 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 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/FHFA-OIG SORN,'' please reference
the ``Public Health Emergency Records System'' (FHFA-OIG-8). All
comments received will be posted without change on the FHFA-OIG website
at <a href="https://www.fhfaoig.gov">https://www.fhfaoig.gov</a>, and will include any personal information
provided, such as name, address (mailing and email), telephone numbers,
and any other information you provide.
II. Introduction
This notice informs the public of FHFA-OIG's proposal to establish
a new FHFA-OIG 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.
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-OIG
submitted a report describing the system of records covered by this
notice to the Office of Management and Budget, the Committee on
Oversight and 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-OIG-8) is to assist FHFA-OIG with maintaining a safe and healthy
workplace and responding to a public health emergency. These measures
may include instituting activities such as requiring contractors and
visitors to FHFA-OIG facilities or FHFA-OIG-sponsored events to provide
information related to medical/health screening, contact tracing, and
vaccination status before being allowed access to an FHFA-OIG facility
or FHFA-OIG-sponsored event.
FHFA-OIG 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 Services (HHS) Secretary or
a designated federal official, or state or local authority. Even in the
absence of a declaration of a health-related national emergency or
public health emergency, FHFA-OIG may collect these records if it
determines that a significant risk of substantial harm exists to the
health of FHFA-OIG staff, contractors, and visitors to FHFA-OIG
facilities or FHFA-OIG-sponsored events. FHFA-OIG 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.
[[Page 64473]]
SYSTEM NAME AND NUMBER:
Public Health Emergency Records System, FHFA-OIG-8.
SECURITY CLASSIFICATION:
Controlled Unclassified Information.
SYSTEM LOCATION:
Office of Inspector General, Federal Housing Finance Agency, 400
Seventh Street SW, Washington, DC 20219, and any alternate work site
used by FHFA-OIG employees, including contractors assisting FHFA-OIG
employees, FHFA-OIG-authorized cloud service providers, and FHFA-OIG-
authorized contractor networks located within the Continental United
States.
SYSTEM MANAGER(S):
Division of Human Resources, (202) 730-4014, Office of Inspector
General, 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, 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, including
42 U.S.C. 12112(d)(3)(B); Executive Order Nos. 12196, 12148, 12656,
13991, 13994, 14042 and 14043; and 12 U.S.C. 4517(d) and 5 U.S.C. App.
3.
PURPOSES OF THE SYSTEM:
The Public Health Emergency Records System (FHFA-OIG-8) is being
established by FHFA-OIG to assist the office with maintaining a safe
and healthy workplace and responding to a public health emergency.
These measures may include instituting activities such as requiring
contractors and visitors to FHFA-OIG facilities or FHFA-OIG-sponsored
events to provide information related to medical/health screening,
contact tracing, and vaccination status before being allowed access to
an FHFA-OIG facility or FHFA-OIG-sponsored event, 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 absence of a declaration of a health-related
national emergency or public health emergency, FHFA-OIG may collect
these records if it determines that a significant risk of substantial
harm exists to the health of FHFA-OIG staff, contractors, and visitors
to FHFA-OIG facilities or FHFA-OIG-sponsored events. The system serves
four main purposes: (1) Assist with medical/health screening for
individuals requesting entry into FHFA-OIG facilities or FHFA-OIG-
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; and (3) Establish a record collection to
ensure FHFA-OIG collects medical information pursuant to the
implementing guidance of applicable federal laws, public health
mandates, and executive orders.
CATEGORIES OF INDIVIDUALS COVERED BY THE SYSTEM:
Individuals covered by this system include contractors and visitors
to FHFA-OIG facilities and FHFA-OIG-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, and personal telephone numbers);
and any other information provided.
The system includes medical/health information collected about
contractors and visitors who access or attempt to access an FHFA-OIG
facility or FHFA-OIG-sponsored event, 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 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 contractors and
visitors to FHFA-OIG facilities and FHFA-OIG-sponsored events necessary
to conduct contact tracing that may include the above information.
This information may include the dates and FHFA-OIG facility
visited or FHFA-OIG-sponsored event that was 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-OIG 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 from 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.
RECORD SOURCE CATEGORIES:
Information is provided by contractors and visitors who access or
attempt to access an FHFA-OIG facility or FHFA-OIG-sponsored events.
For FHFA-OIG contractors or visitors, information may be also provided
by their employer/or organization the individual is affiliated with for
purposes of accessing or attempting to access an FHFA-OIG facility or
FHFA-OIG-sponsored event. 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
Government-wide systems of records.
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
in them may specifically 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 a federal, state, or local agency to the extent necessary to
comply with laws governing reporting of infectious disease.
2. To emergency contact(s) of FHFA-OIG staff members, contractors,
or visitors for purposes of locating such individuals during a public
health emergency or to communicate that an individual may have been
exposed to a
[[Page 64474]]
contagious or communicable disease as the result of a pandemic or
epidemic while visiting an FHFA-OIG facility or FHFA-OIG sponsored
event.
3. 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 is reasonably necessary to
assist with FHFA-OIG'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-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 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-OIG, or in connection with civil
litigation, if FHFA-OIG 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-OIG contracts to collect,
store, or maintain, or reproduce by typing, photocopy or other means,
any record within this system for use by FHFA-OIG and its employees in
connection with their official duties, or to any individual who is
engaged by FHFA-OIG to perform clerical or stenographic functions
relating to the official business of FHFA-OIG.
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-
OIG collected the records.
11. To outside counsel contracted by FHFA-OIG, 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-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 an agency thereof, is a party to the
litigation or has an interest in such litigation, and FHFA-OIG
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-OIG 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 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.
15. To other federal Offices of Inspector General or other
entities, during the conduct of internal and external peer reviews of
FHFA-OIG.
16. 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.
17. 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.
18. 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 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.
19. 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 or paper format. Electronic
records are stored on FHFA-OIG's secured network, FHFA-OIG-authorized
cloud service
[[Page 64475]]
providers and FHFA-OIG-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-OIG facilities; symptoms or
other medical information reported; offices or floors visited within
FHFA-OIG 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
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 and Item 070.
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.
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
<a href="/cdn-cgi/l/email-protection#b3c3c1dac5d2d0caf3d5dbd5d2dcdad49dd4dcc5"><span class="__cf_email__" data-cfemail="c4b4b6adb2a5a7bd84a2aca2a5abada3eaa3abb2">[email protected]</span></a>, 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.
Leonard DePasquale,
Chief Counsel, Federal Housing Finance Agency, Office of Inspector
General.
[FR Doc. 2021-25189 Filed 11-17-21; 8:45 am]
BILLING CODE 8070-01-P
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