Privacy Act of 1974; System of Records
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Issuing agencies
Abstract
Pursuant to the provisions of the Privacy Act of 1974, as amended, Court Services and Offender Supervision Agency (hereafter "CSOSA" or "Agency") is issuing a public notice of its intent to create the Court Services and Offender Supervision Agency Privacy Act system of records, "Personal Health and Religious Information." This system of records maintains personal health and religious information collected in response to reasonable accommodation requests for disability (or medical) or religious exception; a public health emergency or similar health and safety incident, such as a pandemic, epidemic, or man-made emergency; and/or any other lawful collection of health-related information or data that is necessary to ensure a safe and healthy environment for individuals who are occupying CSOSA facilities, attending CSOSA-sponsored events, or otherwise engaged in official business on behalf of the Agency, including but not limited to Executive Order 12564, Drug Free Federal Workplace (Sept. 15, 1986), Occupational Safety and Health Administration (OSHA) compliance, Office of Workers' Compensation Programs (OWCP) claims, leave administration, disability retirement, medically-related decisions such as fitness-for- duty decisions, and health and wellness programs. The system of records will assist the Agency in the collection, storing, dissemination, and disposal of personal health and religious information collected and maintained by the Agency.
Full Text
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<title>Federal Register, Volume 87 Issue 7 (Tuesday, January 11, 2022)</title>
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[Federal Register Volume 87, Number 7 (Tuesday, January 11, 2022)]
[Notices]
[Pages 1405-1409]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2021-28122]
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COURT SERVICES AND OFFENDER SUPERVISION AGENCY
Privacy Act of 1974; System of Records
AGENCY: Court Services and Offender Supervision Agency.
ACTION: Notice of a new system of records.
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SUMMARY: Pursuant to the provisions of the Privacy Act of 1974, as
amended, Court Services and Offender Supervision Agency (hereafter
``CSOSA'' or ``Agency'') is issuing a public notice of its intent to
create the Court Services and Offender Supervision Agency Privacy Act
system of records, ``Personal Health and Religious Information.'' This
system of records maintains personal health and religious information
collected in response to reasonable accommodation requests for
disability (or medical) or religious exception; a public health
emergency or similar health and safety incident, such as a pandemic,
epidemic, or man-made emergency; and/or any other lawful collection of
health-related information or data that is necessary to ensure a safe
and healthy environment for individuals who are occupying CSOSA
facilities, attending CSOSA-sponsored events, or otherwise engaged in
official business on behalf of the Agency, including but not limited to
Executive Order 12564, Drug Free Federal Workplace (Sept. 15, 1986),
Occupational Safety and Health Administration (OSHA) compliance, Office
of Workers' Compensation Programs (OWCP) claims, leave administration,
disability retirement, medically-related decisions such as fitness-for-
duty decisions, and health and wellness programs. The system of records
will assist the Agency in the collection, storing, dissemination, and
disposal of personal health and religious information collected and
maintained by the Agency.
DATES: This new system will be effective upon publication. New or
modified routine uses will be effective February 10, 2022. Submit
comments on or before February 10, 2022.
ADDRESSES: You may send comments by any of the following methods:
<bullet> Federal eRulemaking Portal: <a href="https://www.regulations.gov">https://www.regulations.gov</a>.
Follow the instructions for sending comments.
<bullet> Email: <a href="/cdn-cgi/l/email-protection#394a515c505558174a4d56525c4a795a4a564a58175e564f"><span class="__cf_email__" data-cfemail="40332825292c216e33342f2b25330023332f33216e272f36">[email protected]</span></a>.
<bullet> U.S. Mail or Hand-Delivery: Office of General Counsel, 800
North Capitol Street NW, Suite 702, Washington, DC 20001.
Instructions: All submissions received must include the agency
name. All comments received will be posted without change to <a href="http://www.regulations.gov">http://www.regulations.gov</a>, including any personal information provided.
Docket: For access to the docket to read background documents or
comments received, go to <a href="http://www.regulations.gov">http://www.regulations.gov</a>.
FOR FURTHER INFORMATION CONTACT: Sheila Stokes, Senior Agency Official
for Privacy, 800 North Capitol Street NW, 7th Floor, Washington, DC
20002, <a href="/cdn-cgi/l/email-protection#0d7e656864616c237e796266687e4d6e7e627e6c236a627b"><span class="__cf_email__" data-cfemail="ed9e858884818cc39e998286889ead8e9e829e8cc38a829b">[email protected]</span></a> or phone number (202) 220-5797.
SUPPLEMENTARY INFORMATION:
I. Background
CSOSA maintains the ``Personal Health and Religious Information''
system of records. CSOSA is committed to providing all staff (political
appointees, employees, detailees, contractors, consultants, interns,
applicants, and volunteers), visitors, and occupants of its facilities
with a safe and healthy environment. To ensure and maintain the safety
of all occupants during standard operations and public health
emergencies or similar health and safety incidents, such as a pandemic,
epidemic, or man-made emergency, CSOSA may develop and institute
additional safety measures that
[[Page 1406]]
require the collection of personal health information. CSOSA is also
committed to providing reasonable accommodation for disability
(medical) to qualified CSOSA and Pretrial Services Agency (PSA) staff
and applicants and religious exceptions to qualified CSOSA staff and
applicants pursuant to Section 501 of the Rehabilitation Act of 1973,
as amended and Title VII of the Civil Rights Act of 1964, unless doing
so would cause undue hardship. CSOSA is also committed to complying
with Executive 14043, Requiring Coronavirus Disease 2019 Vaccination
for Federal Employees (Sept. 9, 2021), which requires Federal agencies
to collect staff health information related to the Coronavirus 2019
(hereafter ``COVID-19). CSOSA may develop and institute additional
measures that require the collection of personal health information.
CSOSA will collect reasonable accommodation requests for disability
(or medical) for CSOSA and the PSA staff (including political
appointees, employees, applicants, detailees, contractors, consultants,
interns, and volunteers) and religious exceptions for CSOSA staff
(including political appointees, employees, detailees, contractors,
consultants, interns, applicants, and volunteers).\1\ In response to
public health emergencies, such as a pandemic or epidemic, CSOSA may
collect health related information (including but not limited to
vaccination status and proof of vaccination status) for CSOSA staff
(including political appointees, employees, detailees, contractors,
consultants, interns, applicants, and volunteers) necessary to ensure a
safe and healthy environment.
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\1\ Pretrial Services Agency's religious exceptions and
accommodations will be covered by a separate SORN.
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CSOSA is also committed to complying with the law, rules, and
regulations associated with collecting personal health information
related to (including but not limited to) Executive Order 12564, Drug
Free Federal Workplace (Sept. 15, 1986), Occupational Safety and Health
Administration (OSHA) compliance, Office of Workers' Compensation
Programs (OWCP) claims, leave administration, disability retirement,
medically-related decisions such as fitness-for-duty decisions, and
health and wellness programs.
Information will be collected, maintained, and disclosed in
accordance with applicable law, regulations, and statutes, including,
but not limited to, the Privacy Act of 1974, the Rehabilitation Act of
1973, the Genetic Information Nondiscrimination Act of 2008, Title VII
of the Civil Rights Act of 1964, the Executive Order 14043, Requiring
Coronavirus Disease 2019 Vaccination for Federal Employees (Sept. 9,
2021) and regulations and guidance published by the U.S. Occupational
Safety and Health Administration, the U.S. Equal Employment Opportunity
Commission, the U.S. Department of Labor, and the U.S. Centers for
Disease Control and Prevention, the Office of Management and Budget,
Safer Federal Workforce Taskforce, or other relevant entities. This
newly established system will be included in the CSOSA inventory of
record systems.
II. Privacy Act
The Privacy Act of 1974, as amended, embodies fair information
practice principles in a statutory framework governing the means by
which Federal agencies collect, maintain, use, and disseminate
individuals' records. The Privacy Act applies to records about
individuals that are maintained in a ``system of records.'' A ``system
of records'' is a group of any records under the control of an agency
from which information is retrieved by the name of an individual or by
some identifying number, symbol, or other identifying particular
assigned to the individual. The Privacy Act defines an individual as a
United States citizen or lawful permanent resident. Individuals may
request access to their own records that are maintained in a system of
records in the possession or under the control of CSOSA by complying
with Privacy Act regulations at 43 CFR part 2, subpart K, and following
the procedures outlined in the Records Access, Contesting Record, and
Notification Procedures sections of this notice.
The Privacy Act requires each agency to publish in the Federal
Register a description denoting the existence and character of each
system of records that the agency maintains and the routine uses of
each system. The ``Personal Health and Religious Information'' system
of records notice is published in its entirety below. In accordance
with 5 U.S.C. 552a(r), CSOSA has provided a report of this system of
records to the Office of Management and Budget and to Congress.
III. Public Participation
You should be aware your entire comment including your personally
identifiable information, such as your address, phone number, email
address, or any other personal information in your comment, may be made
publicly available at any time. While you may request to withhold your
personally identifiable information from public review, we cannot
guarantee we will be able to do so.
SYSTEM NAME:
CSOSA, Personal Health and Religious Information.
SECURITY CLASSIFICATION:
Unclassified.
SYSTEM LOCATION:
This system is maintained by the Court Services and Offender
Supervisor Agency at 800 North Capitol Street NW, 7th Floor,
Washington, DC 20002.
SYSTEM MANAGER(S) AND ADDRESS:
The system manager is the Office of Information Technology located
at 800 North Capitol Street, 6th Floor NW, Washington, DC 20002.
AUTHORITY FOR MAINTENANCE OF THE SYSTEM:
The authority to collect this information derives from section 501
of the Rehabilitation Act of 1973, as amended. The substantive
standards of the Americans with Disabilities Act of 1990, as amended
(42 U.S.C. 12101 et seq.) apply to the Federal Government through the
Rehabilitation Act. (29 U.S.C. 791 et seq.). Additional authority is
derived from title VII of the Civil Rights Act of 1964. Additional
authority is derived from 5 U.S.C. chapters 11 and 79, and in
discharging the functions directed under Executive Order 14043,
Requiring Coronavirus Disease 2019 Vaccination for Federal Employees
(Sept. 9, 2021), we are authorized to collect this information. The
authority for the system of records notice (SORN) associated with this
collection of information, also includes 5 U.S.C. chapters 33 and 63
and Executive Order 12196, Occupational Safety and Health Program for
Federal Employees (Feb. 26, 1980). U.S.C. chapters 11 and 79, and in
discharging the functions directed under Executive Order 14043,
Requiring Coronavirus Disease 2019 Vaccination for Federal Employees
(Sept. 9, 2021), Reg. 74815 (Nov. 30, 2015); 5 U.S.C. chapters 33 and
63; Executive Order 12196, Occupational Safety and Health Program for
Federal Employees (Feb. 26, 1980).
PURPOSE(S) OF THE SYSTEM:
The primary purpose of the system is to collect, maintain, use, and
disseminate personal health and religious information collected by the
Agency. Records in this system of records are maintained for a variety
of purposes, which include the following:
[[Page 1407]]
(a) To ensure that records required to be retained on a long-term
basis to meet the mandates of law, Executive Order, or regulations
(e.g., the Department of Labor's Occupational Safety and Health
Administration (OSHA) and OWCP regulations), are so maintained;
(b) To comply with the Rehabilitation Action of 1973, as amended
and Title VII of the Civil Rights Act of 1964 in processing reasonable
accommodation requests based on disability (medical) or religious
exception;
(c) To comply with Executive Order 14043, Requiring Coronavirus
Disease 2019 Vaccination for Federal Employees (Sept. 9, 2021), and
applicable implementation guidance to determine the appropriate health
and safety protocols for employees related to the COVID-19;
(d) To comply with Executive Order 12564, Drug Free Federal
Workplace (Sept. 15, 1986), and applicable guidance to ensure the
proper and accurate operation of the agency's employee drug testing
program.
(e) To comply with the Occupational Safety and Health
Administration (OSHA) laws, rules, regulations, and associated
requirements related to employee's reporting of on-the-job injuries
and/or unhealthy or unsafe working conditions, including the reporting
of such conditions to OSHA and actions taken by that agency and to
provide a method for evaluating quality of health care rendered and
job-health-protection including engineering protection provided,
protective equipment worn, workplace monitoring, and medical exam
monitoring required by OSHA or by good practice.
(f) To comply with the law, rules, regulations, and associated
requirements related to claims filed the U.S. Department of Labor's
Office of Workers' Compensation Programs (OWCP);
(g) To comply with the laws, rules, regulations, and associated
requirements related to disability retirement claims, leave
administration (including but not limited to sick leave, extended sick
leave, the Voluntary Annual Leave Program, Family Medical Leave Act
(FMLA), or COVID-related leave), and/or to ensure that all relevant,
necessary, accurate, and timely data are available to support any
medically-related employment decisions affecting the subject of the
records (e.g., in connection with fitness-for-duty and disability
retirement decisions).
(h) To enable evaluation of the effectiveness of employee health
and wellness programs.
The system enables CSOSA to electronically log, track, and manage
personal health and religious information.
CATEGORIES OF INDIVIDUALS COVERED BY THE SYSTEM:
Individuals covered include but are not limited to CSOSA and PSA
political appointees, employees, detailees, contractors, consultants,
interns, applicants, and volunteers, or any family member, health
professional, or other person making a request as a representative of
the same.
CATEGORIES OF RECORDS IN THE SYSTEM:
The personal health and information records may contain some or all
of the following records: Reasonable accommodation requests, including
medical records, notes, religious affiliation, or records made during
consideration of requests, and decisions on requests. These records may
contain general personal data, including but not limited to the
political appointee's, employee's, detailee's, contractor's,
consultant's, intern's, applicant's, and volunteer's name, date of
birth, social security number, religion, maiden name, place of birth,
financial information, alias, home address, medical information,
gender, telephone number, military service, age, email address,
physical characteristics, race/ethnicity, and/or education. These
records may also contain work-related data, including but not limited
to occupation, telephone number, salary, job title, email address, work
history, work address, business associates, and/or program office to
which the employee is assigned. Additional records maintained in this
system may include:
a. Medical records, forms, and reports completed or obtained when
an individual applies for a Federal job and is subsequently employed;
b. Medical records, forms, and reports completed during employment
as a condition of employment, either by the employing agency or by
another agency, State or local government entity, or a private sector
entity under contract to the employing agency;
c. Records pertaining and resulting from the testing of the
employee for use of illegal drugs under Executive Order 12564. Such
records may be retained by the agency (e.g., by the agency Medical
Review Official) or by a contractor laboratory. This includes records
of negative results, confirmed or unconfirmed positive test results,
and documents related to the reasons for testing or other aspects of
test results.
d. Reports of on-the-job injuries and medical records, forms, and
reports generated as a result of the filing of a claim for Workers'
Compensation, whether the claim is accepted or not. (The official OWCP
claim file is not covered by this system; rather, it is part of the
Department of Labor's Office of Workers' Compensation Program (OWCP)
system of records.)
e. All other medical records, forms, and reports created on an
employee during his/her period of employment, including any retained on
a temporary basis (e.g., those designated to be retained only during
the period of service with a given agency) and those designated for
long-term retention (i.e., those retained for the entire duration of
Federal service and for some period of time after).
f. Records resulting from participation in agency-sponsored health
promotion and wellness activities, including health risk appraisals,
biometric testing, health coaching, disease management, behavioral
management, preventive services, fitness programs, and any other
activities that could be considered part of a comprehensive worksite
health and wellness program.
RECORD SOURCE CATEGORIES:
Records in this system are obtained directly from the political
appointee, employee, detailee, contractor, consultant, intern,
applicant, and volunteer, or any family member, health professional, or
other person making such a request as a representative of the same;
therefore, the accuracy is ensured by collecting the information from
the source who may be required to certify under penalty of perjury that
the information is true and accurate to the best of their knowledge.
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, all or a portion of the records or
information contained in this system may be disclosed outside CSOSA as
a routine use pursuant to 5 U.S.C. 552a(b)(3) as follows:
A. To Members of Congress or their staff on behalf of and at the
request of the individuals who is the subject of the record or at the
request of or on behalf of their constituents.
B. To another Federal agency or a party in litigation before a
court or in an administrative proceeding being conducted by a Federal
agency, when the Government is a party to the judicial or
administrative proceeding, and such information is the subject of a
court order directing disclosure or deemed by CSOSA to be relevant and
necessary to the litigation.
[[Page 1408]]
C. At the initiative of CSOSA, to a law enforcement agency under
the control of the United States for investigation or prosecution where
a record indicates a violation or suspected violation of law.
D. By the National Archives and Records Administration (NARA) in
records management and inspections under the authority of 44 U.S.C.
2904 and 2906.
E. To disclose information to the Department of Justice or in a
proceeding before a court, adjudicative body, or other administrative
body before which CSOSA is authorized to appear when:
(1) CSOSA, or any component thereof; or
(2) Any employee of CSOSA in his or her official capacity; or
(3) Any employee of CSOSA in his or her individual capacity where
the Department of Justice or CSOSA has agreed to represent the
employee; or
(4) Any employee of CSOSA in his or her individual capacity where
CSOSA has agreed to represent the employee; or
(5) The United States, where the CSOSA determines that litigation
is likely to affect the agency or any of its components, is a party to
litigation or has an interest in such litigation, and the use of such
records by the Department of Justice or CSOSA is deemed by CSOSA to be
relevant and necessary to the litigation.
F. To disclose information to officials of the Merit Systems
Protection Board or the Office of the Special Counsel, when requested
in connection with appeals, special studies of the civil service and
other merit systems, review of OPM rules and regulations,
investigations of alleged or possible prohibited personnel practices,
and such other functions as promulgated in 5 U.S.C. 1205 and 1206, or
as may be authorized by law.
G. To disclose information to the U.S. Equal Employment Opportunity
Commission when requested in connection with investigations into
alleged or possible discrimination practices in the Federal sector,
examination of Federal affirmative employment programs, compliance by
Federal agencies with the Uniform Guidelines of Employee Selection
Procedures, or other functions vested in the Commission.
H. To disclose information to the Federal Labor Relations Authority
or its General Counsel when requested in connection with investigations
of allegations of unfair labor practices of matters before the Federal
Service Impasses Panel.
I. To disclose information to the Office of Management and Budget
at any stage of the legislative coordination and clearance process in
connection with private relief legislation as set forth in OMB circular
No. A-19.
J. To authorized contractors, vendors, grantees, or volunteers
performing or working on a contract, service, grant, cooperative
agreement, or job for CSOSA or the Federal government that is in the
performance of a Federal duty to which the information is deemed
relevant.
K. To disclose to a requesting Federal agency, information in
connection with the hiring, retention, separation, or retirement of an
employee; the issuance of a security clearance; the reporting of an
investigation of an employee; the letting of a contract; the
classification of a job; or the issuance of a license, grant, or other
benefit by the requesting agency, to the extent that CSOSA determines
that the information is relevant and necessary to the requesting
party's decision on the matter.
L. To an appeal, grievance, hearing, or complaints examiner; an
equal opportunity investigator, arbitrator, or mediator; and an
exclusive representative or other person authorized to investigate or
settle a grievance, complaint, or appeal filed by an individual who is
the subject of the record.
M. For Data Breach and Mitigation Response to provide information
to appropriate agencies, entities, and persons when;
(1) CSOSA suspects or has confirmed that there has been a breach of
the system of records; (2) CSOSA has determined that as a result of the
suspected or confirmed breach there is a risk of harm to individuals,
CSOSA (including its information systems, programs, and operations),
the Federal Government, or national security; and (3) the disclosure
made to such agencies, entities, and persons is reasonably necessary to
assist in connection with CSOSA's efforts to respond to the suspected
or confirmed breach or to prevent, minimize, or remedy such harm.
N. To provide information to another Federal agency or Federal
entity, when CSOSA determines that information from this system of
records is reasonably necessary to assist the recipient agency or
entity in (1) responding to a suspected or confirmed breach, or (2)
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.
DISCLOSURE TO CONSUMER REPORTING AGENCIES:
None.
POLICIES AND PRACTICES FOR STORAGE OF RECORDS:
Records in this system of records are stored electronically or on
paper in secure facilities. Electronic records are stored on CSOSA's
secure network or cloud-based software using the Federal Risk and
Authorization Management Program (FedRAMP) approved platform.
POLICIES AND PRACTICES FOR RETRIEVAL OF RECORDS:
Information covered by this system of records notice may be
retrieved by the name of the individual.
POLICIES AND PRACTICES FOR RETENTION AND DISPOSAL OF RECORDS:
a. Medical Qualification and Eligibility Determination Records.
Temporary. Destroy immediately after final determination has been
issued. This disposition instruction is mandatory; deviations are not
allowed.
b. Occupational Individual Medical Case Files. Temporary: Destroy
30 Years after employee separation or when the Official Personnel
Folder is destroyed, whichever is longer.
c. Non-Occupational Individual Medical Case Files. Temporary:
Destroy 10 Years after the most recent encounter, but longer retention
is authorized if needed for business use.
d. Employees Drug Test Plans, Procedures and Scheduling Records.
Temporary. Destroy when 3 years old or when superseded or obsolete.
e. Employees Drug Test Results. (Positive). Temporary. Destroy when
the employee leaves the agency or when 3 years old, whichever is
longer.
f. Employees Drug Test Results. (Negative). Temporary. Destroy when
3 years old.
g. Workers Compensation Records. Temporary: Destroy 3 years after
compensation ceases or when deadline for filing a claim has passed.
h. Non-Occupational Health and Wellness Program Records. Temporary:
Destroy 3 Years after the project/activity/or transaction is completed
or superseded, but longer retention is authorized if needed for
business use.
i. Reasonable Accommodation Case Files. Temporary. Destroy 3 years
after employee separation from the agency or all appeals are concluded
whichever is later, but longer retention is authorized if required for
business use.
ADMINISTRATIVE, TECHNICAL AND PHYSICAL SAFEGUARDS:
Records are protected from unauthorized access and improper use
[[Page 1409]]
through administrative, technical, and physical security measures.
Technical security safeguards within CSOSA include restrictions on
computer access to authorized individuals who have a legitimate need to
know the information; required use of strong passwords that are
frequently changed; multi-factor authentication for remote access and
access to many CSOSA network components; use of encryption for certain
data types and transfers; firewalls and intrusion detection
applications; and regular review of security procedures and best
practices to enhance security. Physical safeguards include restrictions
on building access to authorized individuals, security guard service,
and maintenance of records in lockable offices and filing cabinets.
Describe the administrative, technical, and physical safeguards, e.g.,
locked cabinets, locked rooms, passwords, audit trail, electronic data
encryption, security, privacy and record management training that are
in place to ensure the records are not accessed, used or disclosed in
an unauthorized manner.
RECORD ACCESS PROCEDURES:
Individuals requesting access to their individual records should
send a signed, written inquiry to the System Manager identified above.
CONTESTING RECORD PROCEDURES:
Individuals contesting the content of records about themselves
contained in this system of records should follow the Notification
Procedure below.
NOTIFICATION PROCEDURES:
Individuals requesting notification of the existence of records on
themselves or requesting access to their individual records must send a
signed, written inquiry to Sheila Stokes, Senior Agency Official for
Privacy, 800 North Capitol Street NW, 7th Floor, Washington, DC 20002,
<a href="/cdn-cgi/l/email-protection#7b08131e12171a55080f14101e083b180814081a551c140d"><span class="__cf_email__" data-cfemail="27544f424e4b46095453484c425467445448544609404851">[email protected]</span></a> or phone number (202) 220-5797. The request
envelope (or subject line) and letter should both be clearly marked
``PRIVACY ACT INQUIRY.'' A request for notification must meet the
requirements of 43 CFR 2.235.
EXEMPTIONS PROMULGATED FOR THE SYSTEM:
None.
HISTORY:
None.
Sheila Stokes,
General Counsel.
[FR Doc. 2021-28122 Filed 1-10-22; 8:45 am]
BILLING CODE 3129-04-P
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</html>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.