Privacy Act of 1974; System of Records, 64472-64475 [2021-25189]
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Federal Register / Vol. 86, No. 220 / Thursday, November 18, 2021 / Notices
FEDERAL HOUSING FINANCE
AGENCY
[No. 2021–N–13]
Privacy Act of 1974; System of
Records
Office of Inspector General,
Federal Housing Finance Agency
(FHFA–OIG).
ACTION: Notice of a new system of
records.
AGENCY:
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 healthrelated 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.
SUMMARY:
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:
• Federal eRulemaking Portal:
https://www.regulations.gov. 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
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DATES:
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privacy@fhfaoig.gov to ensure timely
receipt by FHFA–OIG. Please include
‘‘Comments/FHFA–OIG SORN’’ in the
subject line of the message.
• 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,
privacy@fhfaoig.gov, (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 https://
www.fhfaoig.gov, 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
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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–OIGsponsored 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–OIGsponsored 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.
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Federal Register / Vol. 86, No. 220 / Thursday, November 18, 2021 / Notices
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.
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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
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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–OIGsponsored 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–OIGsponsored 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–OIGsponsored 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
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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–OIGsponsored 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
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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
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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,
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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
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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:
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.
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NOTIFICATION PROCEDURES:
Individuals seeking notification of
any records about themselves contained
in this system should address their
inquiry via email to privacy@
fhfaoig.gov, 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
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EXEMPTIONS PROMULGATED FOR THE SYSTEM:
None.
HISTORY:
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.).
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approximately two weeks. For any timesensitive correspondence, please plan
accordingly.
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
DEPARTMENT OF THE TREASURY
Office of the Comptroller of the
Currency
FEDERAL RESERVE SYSTEM
64475
OCC: Andrew Tschirhart, Risk Expert,
Capital and Regulatory Policy, (202)
649–6370, Rima Kundnani, Counsel,
Chief Counsel’s Office, (202) 649–5490,
Office of the Comptroller of the
Currency, 400 7th Street SW,
Washington, DC 20219.
Board: Andrew Willis, Manager, (202)
912–4323, Jennifer McClean, Senior
Financial Institution Policy Analyst II,
(202) 785–6033, Division of Supervision
and Regulation, Board of Governors of
the Federal Reserve System, 20th Street
and Constitution Avenue NW,
Washington, DC 20551.
FDIC: Benedetto Bosco, Chief, Capital
Policy Section, (703) 245–0778, Richard
Smith, Capital Policy Analyst, Capital
Policy Section, (703) 254–0782, Division
of Risk Management Supervision,
Federal Deposit Insurance Corporation,
550 17th Street NW, Washington, DC
20429.
The text of
FEDERAL DEPOSIT INSURANCE
CORPORATION
SUPPLEMENTARY INFORMATION:
Joint Report: Differences in
Accounting and Capital Standards
Among the Federal Banking Agencies
as of September 30, 2021; Report to
Congressional Committees
Report to the Committee on Financial
Services of the U.S. House of
Representatives and to the Committee
on Banking, Housing, and Urban
Affairs of the U.S. Senate Regarding
Differences in Accounting and Capital
Standards Among the Federal Banking
Agencies
Office of the Comptroller of the
Currency (OCC), Treasury; Board of
Governors of the Federal Reserve
System (Board); and Federal Deposit
Insurance Corporation (FDIC).
ACTION: Report to Congressional
committees.
AGENCY:
The Office of the Comptroller
of the Currency (OCC), the Board of
Governors of the Federal Reserve
System (Board), and the Federal Deposit
Insurance Corporation (FDIC)
(collectively, the agencies) have
prepared this report pursuant to section
37(c) of the Federal Deposit Insurance
Act. Section 37(c) requires the agencies
to jointly submit an annual report to the
Committee on Financial Services of the
U.S. House of Representatives and to the
Committee on Banking, Housing, and
Urban Affairs of the U.S. Senate
describing differences among the
accounting and capital standards used
by the agencies for insured depository
institutions (institutions).1 Section 37(c)
requires that this report be published in
the Federal Register. The agencies have
not identified any material differences
among the agencies’ accounting and
capital standards applicable to the
insured depository institutions they
regulate and supervise.
FOR FURTHER INFORMATION CONTACT:
SUMMARY:
1 12
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U.S.C. 1831n(c)(1) and 12 U.S.C. 1831n(c)(3).
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the report follows:
Introduction
In accordance with section 37(c), the
agencies are submitting this joint report,
which covers differences among their
accounting or capital standards existing
as of September 30, 2021, applicable to
institutions.2 In recent years, the
agencies have acted together to
harmonize their accounting and capital
standards and eliminate as many
differences as possible. As of September
30, 2021, the agencies have not
identified any material differences
among the agencies’ accounting
standards applicable to institutions.
In 2013, the agencies revised the riskbased and leverage capital rule for
institutions (capital rule),3 which
harmonized the agencies’ capital rule in
2 Although not required under section 37(c), this
report includes descriptions of certain of the
Board’s capital standards applicable to depository
institution holding companies where such
descriptions are relevant to the discussion of capital
standards applicable to institutions.
3 See 78 FR 62018 (October 11, 2013) (final rule
issued by the OCC and the Board); 78 FR 55340
(September 10, 2013) (interim final rule issued by
the FDIC). The FDIC later issued its final rule in 79
FR 20754 (April 14, 2014). The agencies’ respective
capital rule is at 12 CFR part 3 (OCC), 12 CFR part
217 (Board), and 12 CFR part 324 (FDIC). The
capital rule applies to institutions, as well as to
certain bank holding companies and savings and
loan holding companies. See 12 CFR 217.1(c).
E:\FR\FM\18NON1.SGM
18NON1
]]>Agencies
[Federal Register Volume 86, Number 220 (Thursday, November 18, 2021)]
[Notices]
[Pages 64472-64475]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[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:
Federal eRulemaking Portal: https://www.regulations.gov.
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 [email protected] to ensure timely receipt by FHFA-
OIG. Please include ``Comments/FHFA-OIG SORN'' in the subject line of
the message.
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,
[email protected], (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 https://www.fhfaoig.gov, 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
[email protected], 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
