Notice2022-06310
Privacy Act of 1974; System of Records
Primary source
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Published
March 25, 2022
Effective
March 25, 2022
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 proposing to modify the current FHFA system of records titled, "FHFA-18, Reasonable Accommodation and Personal Assistance Services Information System" (System) in order to collect information related to sincerely held religious beliefs, practices, or observances when necessary to evaluate requests for religious accommodations. FHFA is also publishing this revised system of records to reflect updates to the authorities and to expand the system's purpose, scope of categories of individuals, categories of records, and record source categories. FHFA is also proposing to modify certain routine uses, and make general and administrative updates to the remaining sections in the System.
Full Text
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<title>Federal Register, Volume 87 Issue 58 (Friday, March 25, 2022)</title>
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[Federal Register Volume 87, Number 58 (Friday, March 25, 2022)]
[Notices]
[Pages 17086-17089]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2022-06310]
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FEDERAL HOUSING FINANCE AGENCY
[No. 2022-N-4]
Privacy Act of 1974; System of Records
AGENCY: Federal Housing Finance Agency.
ACTION: Notice of a modified 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 proposing to modify the current FHFA system of
records titled, ``FHFA-18, Reasonable Accommodation and Personal
Assistance Services Information System'' (System) in order to collect
information related to sincerely held religious beliefs, practices, or
observances when necessary to evaluate requests for religious
accommodations. FHFA is also publishing this revised system of records
to reflect updates to the authorities and to expand the system's
purpose, scope of categories of individuals, categories of records, and
record source categories. FHFA is also proposing to modify certain
routine uses, and make general and administrative updates to the
remaining sections in the System.
DATES: In accordance with 5 U.S.C. 552a(e)(4) and (11), the modified
system of records will go into effect without further notice on March
25, 2022, unless otherwise revised pursuant to comments received. The
modified routine uses will go into effect on April 25, 2022. Comments
must be received on or before April 25, 2022. 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 ``No. 2022-N-4,''
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
comments to the Federal eRulemaking Portal, please also send it by
email to FHFA at <a href="/cdn-cgi/l/email-protection#93c1f6f4d0fcfefef6fde7e0d3f5fbf5f2bdf4fce5"><span class="__cf_email__" data-cfemail="1d4f787a5e7270707873696e5d7b757b7c337a726b">[email protected]</span></a> to ensure timely receipt by FHFA.
Please include ``Comments/No. 2022-N-4,'' in the subject line of the
message.
<bullet> Hand Delivered/Courier: The hand delivery address is:
Clinton Jones, General Counsel, Attention: Comments/No. 2022-N-4,
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. For 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. 2022-N-4, 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 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: Stacy Easter, Privacy Act Officer,
<a href="/cdn-cgi/l/email-protection#7606041f0017150f36101e101758111900"><span class="__cf_email__" data-cfemail="5a2a28332c3b39231a3c323c3b743d352c">[email protected]</span></a> or (202) 649-3803; or Tasha Cooper, Senior Agency
Official for Privacy, <a href="/cdn-cgi/l/email-protection#2353514a5542405a63454b45420d444c55"><span class="__cf_email__" data-cfemail="e393918a9582809aa3858b8582cd848c95">[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 the revision(s) to the 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. 2022-N-
4,'' please reference ``FHFA-18, Reasonable Accommodation and Personal
Assistance Services Information System.''
FHFA will make all comments timely received available for
examination by the public through the electronic comment docket for
this notice, which is located on the FHFA website at <a href="http://www.fhfa.gov">http://www.fhfa.gov</a>. All comments received will be posted without change and
will include any personal information you provide, such as name,
address (mailing and email), telephone numbers, and any other
information you provide.
II. Introduction
This notice informs the public of FHFA's proposed revision(s) to an
existing system of records. This notice satisfies the Privacy Act
requirement that an agency publishes a system of records notice in the
Federal Register when there is an addition or change to an agency's
systems of records. Congress has recognized that application of all
requirements of the Privacy Act to certain categories of records may
have an undesirable and often unacceptable effect upon agencies in the
conduct of necessary public business. Consequently, Congress
established general exemptions and specific exemptions that could be
used to exempt records from provisions of the Privacy Act. Congress
also required that exempting records from provisions of the Privacy Act
would require the head of an agency to publish a determination to
exempt a record from the Privacy Act as a rule in accordance with the
Administrative Procedure Act. Records and information in this system of
records are not exempt from the requirements of the Privacy Act.
As required by the Privacy Act, 5 U.S.C. 552a(r), and pursuant to
section 7 of Office of Management and Budget (OMB) Circular No. A-108,
``Federal Agency Responsibilities for Review, Reporting, and
Publication under the Privacy Act'', prior to publication of this
notice, FHFA submitted a report describing the system of records
covered by this notice to the OMB, 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. Revised Systems of Records
The revised system of records notice is set out in its entirety and
described in detail below. The proposed modification to the System
makes the following substantive and nonsubstantive changes:
(1) Adds new authorities, revises the purpose, and expands the
categories of individuals covered by the system, the categories of
records in the system, and the records source categories, to allow FHFA
to collect and maintain information required to process religious
accommodation requests provided for under Title VII of the Civil Rights
Act of 1964 (CRA), as amended.
(2) Revises existing routine uses language to be consistent with
FHFA's standard routine uses, deletes routine use 7, and merges routine
uses 13 and 14.
(3) Updates the Security Classification section as Controlled
Unclassified due to FHFA's transition to a controlled unclassified
information policy to align with the National Archives and Records
Administration (NARA).
(4) Makes other general and administrative updates to the remaining
[[Page 17087]]
sections of the notice in accordance with the OMB Circular A-108.
Information in this System is used to collect, maintain, evaluate,
approve, deny, and/or implement requests for a reasonable accommodation
or personal assistance services under sections 501, 504, and 701 of the
Rehabilitation Act of 1973; 29 CFR part 1630; the Americans with
Disabilities Act (ADA) Amendments of 2008; Title VII of the Civil
Rights Act of 1964; and 29 CFR part 1605.
In addition, the System tracks and reports to appropriate entities
the processing of requests for reasonable accommodation and personal
assistance services to ensure compliance with applicable laws and
regulations, and to preserve and maintain the confidentiality of
medical and religious information.
SYSTEM NAME AND NUMBER:
Reasonable Accommodation and Personal Assistance Services
Information System, FHFA-18.
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 Human Resources Management, Employee Relations and
Benefits, Senior Human Resources Specialist, (202) 649-3807, Federal
Housing Finance Agency, 400 7th Street SW, Washington, DC 20219, and
any alternate work site utilized by employees of the Federal Housing
Finance Agency or by individuals assisting such employees.
AUTHORITY FOR MAINTENANCE OF THE SYSTEM:
The Rehabilitation Act of 1973 (29 U.S.C. 791); 29 CFR part 1630;
Executive Orders 13163, 13164 and 13548; Equal Employment Opportunity
Commission (EEOC) Policy Guidance on Executive Order 13164; EEOC
Enforcement Guidance: Application of the Americans with Disabilities
Act (ADA) to Contingent Workers Placed by Temporary Agencies and Other
Staffing Firms; Title VII of the Civil Rights Act of 1964 (42 U.S.C.
2000e); and 29 CFR part 1605.
PURPOSE(S) OF THE SYSTEM:
The purpose(s) of the System is to:
(1) Allow FHFA to collect and maintain records on applicants for
employment, employees (including former employees), and others who
request or receive a reasonable accommodation under sections 501, 504,
and 701 of the Rehabilitation Act of 1973, as amended, and under the
ADA Amendments of 2008, and on employees and others who request or
receive personal assistance services under section 501, as amended, of
the Rehabilitation Act of 1973;
(2) Allow FHFA to collect and maintain records on applicants for
employment, employees (including former employees), and others with
sincerely held religious beliefs, practices, or observances who request
or receive an accommodation pursuant to Title VII of the Civil Rights
Act of 1964 (42 U.S.C. 2000e) and 29 CFR part 1605;
(3) Track and report to appropriate entities the processing of
requests for reasonable and religious accommodations and personal
assistance services to ensure compliance with applicable laws and
regulations;
(4) Preserve and maintain the confidentiality of medical and
religious information.; and
(5) Evaluate, approve, deny, and/or implement a request for
religious and reasonable accommodation or personal assistance service.
CATEGORIES OF INDIVIDUALS COVERED BY THE SYSTEM:
Applicants for employment, employees (current and former), and any
other individuals who request and/or receive a reasonable accommodation
under sections 501, 504, and 701 of the Rehabilitation Act of 1973 and
under the ADA Amendments of 2008; employees who request or receive
personal assistance services under section 501, as amended, of the
Rehabilitation Act; and employees who request and/or receive a
reasonable accommodation for a sincerely held religious belief,
practice, or observance under Title VII of the Civil Rights Act of 1964
and 29 CFR part 1605, respectively. This also includes authorized
individuals or representatives (e.g., family member or attorney) who
file requests for a reasonable accommodation on behalf of an applicant
for employment, or who file requests for reasonable accommodations or
personal assistance services on behalf of an employee, or other
individual, as well as former employees who requested or received
reasonable accommodations or personal assistance services during their
employment with FHFA.
CATEGORIES OF RECORDS IN THE SYSTEM:
Records may include requester's name, contact information (i.e.,
address, telephone number, email address and any other information
provided), or other unique identifier; requester's authorized
representative's name and contact information (i.e., address, telephone
number, email address and any other information provided); requester's
status (i.e., applicant, employee, or other); request date; job(s)
(occupational series, grade level, and agency component) for which a
reasonable accommodation or personal assistance service had been
requested; other reasons for requesting a reasonable accommodation or
personal assistance service; information concerning a sincerely held
religious belief, practice, or observance and/or the nature of any
religious accommodation request; information concerning the nature of
any disability and the need for accommodation or assistance;
appropriate medical or other documentation provided in support of the
request; details of a reasonable accommodation or personal assistance
service request to include: Type(s) of accommodation or assistance
requested; whether the accommodation requested was pre-employment or
during employment, or for some other reason; whether the assistance
requested was during employment; how the requested accommodation would
assist the individual in applying for a job, how the requested
accommodation or assistance would assist the individual in performing
current job functions, or meeting some other need/requirement; the
amount of time taken to process the request; whether the request was
granted or denied and, if denied, the reason for the denial; and the
sources of any assistance consulted in trying to identify possible
reasonable accommodations or providing personal assistance services.
RECORD SOURCE CATEGORIES:
Information is provided by applicants for employment, employees,
other individuals requesting a religious accommodation, reasonable
accommodation, personal assistance service, or and/or their authorized
representatives, as well as individuals who are responsible for
processing such requests. For any of the individuals above who are
minors, the information may be provided by the individual's parent or
legal custodian.
[[Page 17088]]
ROUTINE USES OF RECORDS MAINTAINED IN THE SYSTEM, INCLUDING CATEGORIES
OF USERS AND PURPOSES OF SUCH USES:
In addition to those disclosures generally permitted under 5 U.S.C.
552a(b) of the Privacy Act, these records or 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 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.
(2) 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
entity (including its information systems, programs, and operations),
the Federal Government, or national security, resulting from a
suspected or confirmed breach.
(3) 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.
(4) 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.
(5) 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.
(6) To members of advisory committees that are created by FHFA or
by Congress to render advice and recommendations to FHFA or to
Congress, to be used solely in connection with their official,
designated functions.
(7) 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.
(8) To consultants, contractor personnel, entities, vendors or
suppliers, employees of other government agencies, whether federal,
state or local, as necessary to make a decision on a request for
accommodation or to implement the decision.
(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,
and when FHFA determines that the records are both relevant and
necessary to the litigation.
(10) To another federal agency or commission with responsibility
for labor or employment relations or other issues, including equal
employment opportunity and reasonable accommodation or personal
assistance service issues, when that agency or commission has
jurisdiction over reasonable accommodation or personal assistance
service.
(11) 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, Merit
Systems Protection Board or other federal agencies to obtain advice
regarding statutory, regulatory, policy, and other requirements related
to reasonable accommodation or personal assistance service.
(12) To appropriate third parties contracted by FHFA to facilitate
mediation or other dispute resolution procedures or programs.
(13) To another federal agency or entity authorized to procure
assistive technologies and services in response to a request for
reasonable accommodation.
(14) 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 when 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.
(15) 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.
(16) 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.
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 an individual's name or some other
unique identifier.
POLICIES AND PRACTICES FOR RETENTION AND DISPOSAL OF RECORDS:
Records are retained and disposed of in accordance with National
Archives and Records Administration (NARA's) General Records Schedule
2.3, Item 020 and FHFA's Comprehensive Records Schedule, Item 5.3 Human
Resources Records.
ADMINISTRATIVE, TECHNICAL, AND PHYSICAL SAFEGUARDS:
Records are maintained in controlled access areas. Electronic
records are
[[Page 17089]]
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#0f7f7d66796e6c764f6967696e21686079"><span class="__cf_email__" data-cfemail="2f5f5d46594e4c566f4947494e01484059">[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:
The system of records was last published in full in the Federal
Register at 83 FR 43677 (August 27, 2018).
Clinton Jones,
General Counsel, Federal Housing Finance Agency.
[FR Doc. 2022-06310 Filed 3-24-22; 8:45 am]
BILLING CODE 8070-01-P
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