Privacy Act of 1974; New System of Records, 73767-73770 [2021-28222]
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Federal Register / Vol. 86, No. 246 / Tuesday, December 28, 2021 / Notices
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the amount of deposit insurance
coverage available for each deposit
account in the event of failure. Pursuant
to § 370.8(b)(1), one or more covered
institutions may submit a request in the
form of a letter to the FDIC for an
exception from one or more of the
requirements of part 370 if
circumstances exist that would make it
impracticable or overly burdensome to
meet those requirements. Pursuant to
§ 370.8(b)(2), the FDIC publishes a
notice of its response to each exception
request in the Federal Register.
Pursuant to § 370.8(b)(3), a covered
institution may rely upon another
covered institution’s exception request
which the FDIC has previously granted
by notifying the FDIC that it will invoke
relief from certain part 370 requirements
and demonstrating that the covered
institution has substantially similar
facts and circumstances to those of the
covered institution that has already
received the FDIC’s approval. The
notification letter must also include the
information required under § 370.8(b)(1)
and cite the applicable notice published
pursuant to § 370.8(b)(2). Unless
informed otherwise by the FDIC within
120 days after the FDIC’s receipt of a
complete notification for exception, the
exception will be deemed granted
subject to the same conditions set forth
in the FDIC’s published notice.
These grants of relief will be subject
to ongoing FDIC review, analysis, and
verification during the FDIC’s routine
part 370 compliance tests. The FDIC
presumes each covered institution is
meeting all the requirements set forth in
the Rule unless relief has otherwise
been granted. These grants of relief may
be rescinded or modified upon:
Discovery of misrepresentation; material
change of circumstances or conditions
related to the subject accounts; or failure
to satisfy conditions applicable to each.
The following exceptions were granted
by the FDIC as of December 20, 2021.
I. Exception Relief for Additional Time
To Integrate Information Technology
Systems That Contain the Requisite
Information To Calculate Deposit
Insurance for Official Items
The FDIC granted time-limited
exception relief from part 370’s
information technology system
requirements set forth in § 370.3 and
recordkeeping requirements set forth in
§ 370.4 applicable to official items, as
described in 12 CFR 370.4(c), for up to
18 months after the compliance date.
One covered institution requested
exception relief from the recordkeeping
and information technology system
requirements with respect to interest
payments made to customers via official
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items and official items used in the
accounts payable process to remit
vendor payments. The covered
institution previously completed system
enhancements that provide the name,
address, and amount of the official
items; however, the government
identification number, where it is
available, is not immediately accessible
by its part 370 calculation system
because the systems that create the
payments are not connected to the core
deposit and accounts payable systems
that store the customer information. The
covered institution requested exception
relief in order to develop, test,
implement, and validate its planned
solution that requires it to source the
government identification number from
the systems that contain customer
information and provide that data into
the part 370 calculation system. The
other covered institution requested
exception relief from the information
technology system and recordkeeping
requirements for official items for which
the covered institution may have
sufficient information to make a deposit
insurance calculation but does not have
the capability to retrieve the information
or reliably tie it to the payee. The
covered institution does not currently
have a method for tracing official items
back to the original loan or deposit
servicing information technology
systems in a manner that would permit
it to associate government identification
numbers, if available, with other payee
information in the covered institution’s
payment systems. The covered
institution requested exception relief in
order to assess and implement a
solution to this issue that would seek to
appropriately balance the requirements
of the Rule and consumer data security
and other considerations.
As conditions of this exception relief,
these covered institutions must: Provide
documentation that describes the
process put in place to manually
calculate deposit insurance for the
subject accounts in the event of failure
during the relief period; maintain the
capability to restrict access to the
deposit accounts subject to this
exception in the event of failure until a
deposit insurance determination can be
made and place all such accounts into
the pending file of its part 370 output
files during the relief period; submit a
status report to part370@fdic.gov at the
midpoint of the exception relief period;
and immediately bring to the FDIC’s
attention any change of circumstances
or conditions.
Federal Deposit Insurance Corporation.
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73767
Dated at Washington, DC, on December 20,
2021.
James P. Sheesley,
Assistant Executive Secretary.
[FR Doc. 2021–28143 Filed 12–27–21; 8:45 am]
BILLING CODE 6714–01–P
FEDERAL ELECTION COMMISSION
[Notice 2021–19]
Privacy Act of 1974; New System of
Records
Federal Election Commission.
Notice of new system of records.
AGENCY:
ACTION:
In accordance with the
Privacy Act of 1974, as amended, 5
U.S.C. 552a, the Federal Election
Commission (‘‘the FEC’’ or ‘‘the
Commission’’ or ’’the agency’’) is
publishing for comment a new system of
records that is maintained by the
Commission. This new system has been
entitled FEC 17, Reasonable
Accommodation. This system has been
proposed as a result of a reevaluation of
the manner in which the Commission
maintains records.
DATES: Comment on the establishment
of the new system of records must be
received no later than January 27, 2022.
The new system of records will be
effective February 7, 2022 unless the
Commission receives comments that
would result in a contrary
determination.
SUMMARY:
Comments should be
addressed in writing to Gregory Baker,
Co-Chief Privacy Officer, Federal
Election Commission, 1050 First Street
NE, Washington, DC 20463, by close of
business on January 27, 2022.
FOR FURTHER INFORMATION CONTACT:
Gregory Baker, Co-Chief Privacy Officer,
Federal Election Commission, (202)
694–1612.
SUPPLEMENTARY INFORMATION: The
Privacy Act regulates the collection,
maintenance, use and dissemination of
information about individuals by
Federal agencies. Its basic rule generally
prohibits the disclosure of any
individual’s ‘‘record,’’ if contained in a
‘‘system of records’’ to a third party
without the individual’s consent. See 5
U.S.C. 552a(b). A ‘‘system of records’’ is
any group of records in which records
can be retrieved by the individual’s
name, or by a unique identifier assigned
to the individual. See 5 U.S.C.
552a(a)(5).
There are a number of exceptions to
the basic rule of nondisclosure without
consent. Among them is an exception
that permits nonconsensual disclosure
ADDRESSES:
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for a ‘‘routine use’’—that is, a use
compatible with the purposes for which
the record was collected. 5 U.S.C.
552a(b)(3). Individuals are also, again
with exceptions, guaranteed access to
their records, and the right to request
amendment of their records if they
believe the records are inaccurate. See
generally 5 U.S.C. 552a(d). To facilitate
these provisions, each agency must
periodically review its systems of
records and publish a notice in the
Federal Register containing certain
specified information about them. The
FEC has undertaken and completed
such a review and determined that the
FEC needed to establish a Reasonable
Accommodation system of records.
The FEC proposes to establish the
system of records entitled FEC 17,
Reasonable Accommodations. FEC 17
would cover documents collected and
maintained by the Equal Employment
Opportunity (‘‘EEO’’) Office at the
Federal Election Commission. These
records would be collected under the
authority of The Rehabilitation Act of
1973, 29 U.S.C. 701, 791, 794; Title VII
of the Civil Rights Act of 1964, 42 U.S.C.
2000e; 29 CFR 1605 (Guidelines on
Discrimination Because of Religion); 29
CFR 1614 (Federal Sector Equal
Employment Opportunity); 29 CFR
1614.203 (Regulations to Implement the
Equal Employment Provisions of the
Americans With Disabilities Act); 5
U.S.C. 302, 1103; Executive Order
13164, Requiring Federal Agencies to
Establish Procedures to Facilitate the
Provision of Reasonable
Accommodation (July 26, 2000);
Americans with Disabilities Act
Amendments Act (ADAAA) of 2008;
and Executive Order 13548, Increasing
Federal Employment of Individuals
with Disabilities (July 26, 2010).
As required by 5 U.S.C. 552a(r) of the
Privacy Act of 1974, as amended, and
OMB Circular A–130, the FEC has
submitted a report describing the new
and altered systems of records covered
by this notice to the Office of
Management and Budget and to
Congress.
SYSTEM LOCATION:
The Rehabilitation Act of 1973, 29
U.S.C. 701, 791, 794; Title VII of the
Civil Rights Act of 1964, 42 U.S.C.
2000e; 29 CFR 1605 (Guidelines on
Discrimination Because of Religion); 29
CFR 1614 (Federal Sector Equal
Employment Opportunity); 29 CFR
1614.203 (Regulations to Implement the
Equal Employment Provisions of the
Americans With Disabilities Act); 5
U.S.C. 302, 1103; Executive Order
13164, Requiring Federal Agencies to
Establish Procedures to Facilitate the
Provision of Reasonable
Accommodation (July 26, 2000);
Americans with Disabilities Act
Amendments Act (ADAAA) of 2008;
and Executive Order 13548, Increasing
Federal Employment of Individuals
with Disabilities (July 26, 2010).
requested, and reason for request);
requester’s name and contact
information (if different than the
employee or prospective employee who
needs an accommodation); and the
status of the response within the FEC.
Records in this system may include: The
original written request; the FEC’s
response; the name, title and telephone
number of office or staff members
deciding or referring the matter; related
letters or memoranda; copies of any
enclosures/attachments, including
medical records or information related
to religious belief and exemption; the
date an accommodation request was
approved or denied; the reason a request
was denied; the date an accommodation
was provided; whether the
recommended time frames were met as
outlined in the Reasonable
Accommodation Procedures; the reason
the reasonable accommodation was
needed; the type(s) of reasonable
accommodation requested; the type(s) of
accommodation provided; the source of
technical assistance; whether medical or
other appropriate supporting
information was required to process the
request, and if so, an explanation of why
it was required; and other requestrelated information.
PURPOSE(S):
RECORD SOURCE CATEGORIES:
The purpose of this system of records
is to allow FEC to collect and maintain
records on applicants for employment,
employees and other individuals who
participate in FEC programs or activities
who request or receive reasonable
accommodations or other appropriate
modifications from FEC for medical or
religious reasons; to process, evaluate,
and make decisions on individual
requests; and to track and report the
processing of such requests agency-wide
to comply with applicable requirements
in law and policy.
Information is obtained from the
individuals who request and/or receive
a reasonable accommodation or other
appropriate modification from OPM,
directly or indirectly from an
individual’s medical provider or
another medical professional who
evaluates the request, directly or
indirectly from an individual’s religious
or spiritual advisors or institutions, and
from management officials.
Records are maintained by the Equal
Employment Opportunity (‘‘EEO’’)
Office at the Federal Election
Commission, 1050 1st St. NE,
Washington, DC 20463.
SYSTEM MANAGER(S):
EEO Director, EEO Office at the
Federal Election Commission, 1050 1st
St. NE, Washington, DC 20463.
AUTHORITY FOR MAINTENANCE OF THE SYSTEM:
CATEGORIES OF INDIVIDUALS COVERED BY THE
SYSTEM:
Dated: December 21, 2021.
On behalf of the Commission,
Gregory Baker,
Co-Chief Privacy Officer, Federal Election
Commission.
Current and former FEC employees
(including unpaid interns and other
similarly situated individuals), and
prospective employees of the FEC, who
make a request for and/or receive a
reasonable accommodation or other
appropriate modifications from the FEC
for a disability or sincerely held
religious belief, practice, or observance.
FEC 17: REASONABLE ACCOMMODATIONS
CATEGORIES OF RECORDS IN THE SYSTEM:
SYSTEM NAME:
Records in this system include
identifying information regarding
persons needing a reasonable
accommodation (e.g., name, title/series/
grade, telephone number, date of
request, email address, office,
description of accommodation
Reasonable Accommodations for the
Federal Election Commission (FEC);
FEC–17.
SECURITY CLASSIFICATION:
Sensitive but unclassified.
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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), these records and information
contained in the records may be
disclosed outside of the FEC as a routine
use pursuant to subsection (b)(3) of the
Privacy Act as follows:
A. To a Member of Congress or staff
acting upon the Member’s behalf when
the Member or staff requests the
information on behalf of an individual
who is the subject of the record.
B. To the General Services
Administration and National Archives
and Records Administration in records
management inspections conducted
under the authority of 44 U.S.C. 2904
and 2906.
C. Where a record, either on its face
or in conjunction with other
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information, indicates a violation or
potential violation of law, to any civil or
criminal law enforcement authority or
other appropriate agency, whether
federal, state, local, foreign, or tribal,
charged with the responsibility of
investigating or prosecuting such a
violation or enforcing or implementing
a statute, rule, regulation, or order.
D. In an appropriate proceeding
before a court, grand jury, or
administrative or regulatory body when
records are determined by the FEC to be
arguably relevant to the proceeding.
E. To an actual or potential party to
litigation or the party’s authorized
representative for the purpose of
negotiation or discussion on such
matters as settlement, plea bargaining,
or in informal discovery proceedings.
F. To a federal agency or entity that
requires information relevant to a
decision concerning the hiring,
appointment, or retention of an
employee, the issuance of a security
clearance, the conduct of a security or
suitability investigation, or pursuit of
other appropriate personnel matter.
G. To contractors, grantees, experts,
consultants, students, and others
performing or working on a contract,
service, grant, cooperative agreement, or
other assignment for the Federal
Government, when necessary to
accomplish an agency function related
to this system of records. Individuals
provided information under this routine
use are subject to the same Privacy Act
requirements and limitations on
disclosure as are applicable to FEC
employees.
H. To a former employee of the FEC
for purposes of: Responding to an
official inquiry by a federal, state, or
local government entity or professional
licensing authority, in accordance with
applicable FEC regulations; or
facilitating communications with a
former employee that may be necessary
for personnel-related or other official
purposes where the FEC requires
information and/or consultation
assistance from the former employee
regarding a matter within that person’s
former area of responsibility.
I. To such recipients and under such
circumstances and procedures as are
mandated by federal statute or treaty.
J. A record from this system may be
disclosed to the Office of Management
and Budget (OMB), Department of Labor
(DOL), Office of Personnel Management
(OPM), Equal Employment Opportunity
Commission (EEOC), Office of Special
Counsel (OSC) or the Department of
Justice (DOJ), or other agencies to obtain
advice regarding statutory, regulatory,
policy, and other requirements related
to reasonable accommodation.
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K. A record from this system may be
disclosed to physicians or other medical
professionals to provide them with or
obtain from them the necessary medical
documentation and/or certification for
reasonable accommodation.
L. A record from this system of
records may be disclosed as a routine
use to provide information to the OPM
and/or MSPB for review, audit, or
reporting purposes.
M. To appropriate agencies, entities,
and persons when (1) the FEC suspects
or has confirmed that there has been a
breach of the system of records; (2) the
FEC has determined that as a result of
the suspected or confirmed breach,
there is a risk of harm to individuals,
FEC (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 the FEC’s efforts to
respond to the suspected or confirmed
breach or to prevent, minimize, or
remedy such harm.
N. To another Federal agency or
Federal entity, when the FEC
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.
O. To first aid and safety personnel if
the individual’s medical condition
requires emergency treatment.
P. To a Federal agency or entity
authorized to procure assistive
technologies and services in response to
a request for reasonable accommodation
Q. To an authorized appeal grievance
examiner, formal complaints examiner,
administrative judge, equal employment
opportunity investigator, arbitrator, or
other duly authorized official engages in
investigation or settlement of a
grievance, complaint, or appeal filed by
an individual who requested a
reasonable accommodation or other
appropriate modification
POLICIES AND PRACTICES FOR STORING,
RETRIEVING, ACCESSING, RETAINING, AND
DISPOSING OF RECORDS IN THE SYSTEM:
STORAGE:
The records in this system of records
are stored electronically on the FEC’s
local area network or with FedRAMPauthorized cloud service providers
segregated from non-government traffic
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73769
and data, with access limited to a small
number of personnel. In addition, paper
records are stored in locked file cabinets
in access-restricted offices at 1050 1st
St. NE, Washington, DC 20463.
RETRIEVABILITY:
The records are retrieved by the name
of the individual making a request for
reasonable accommodation or for whom
the accommodation was requested (if
different than the individual making the
request); in the case of electronic
databases, information may possibly be
retrieved by other identifying search
terms.
SAFEGUARDS:
Records in this system of records are
under the custody of designated
employees of the Commission. Paper
records are kept in locked file cabinets.
All electronic records are protected from
unauthorized access through
appropriate administrative, physical,
and technical safeguards. These
safeguards include the application of
appropriate access control mechanisms
to ensure the confidentiality, integrity,
and availability of those records and
that they are only accessed by those
with a need to know and dictated by
their official duties. In general, records
and technical equipment are maintained
in buildings with restricted access.
RETENTION AND DISPOSAL:
Records are retained under the
NARA’s General Records Schedule 2.3:
Employee Relations Records, Item 020,
Reasonable accommodation records,
Reasonable accommodation program
files, and Item 021, Reasonable
accommodation employee case files.
Destroy 3 years after being superseded,
but longer retention is authorized if
required for business use (Item 020).
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 (Item 021).
NOTIFICATION PROCEDURE:
A request for notification of the
existence of records may be made in
person or in writing to the Federal
Election Commission, Attn: Co-Chief
Privacy Officers, 1050 1st St. NE,
Washington, DC 20463, or by emailing
privacy@fec.gov. For additional
information, refer to the Commission’s
access regulations at 11 CFR parts 1.1–
1.5, 41 FR 43064 (1976).
RECORD ACCESS PROCEDURES:
An individual interested in gaining
access to a record pertaining to them
must make a request in writing
addressed to the Federal Election
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Federal Register / Vol. 86, No. 246 / Tuesday, December 28, 2021 / Notices
Commission, Attn: Co-Chief Privacy
Officers, 1050 1st St. NE, Washington,
DC 20463, or by emailing privacy@
fec.gov. The envelope and letter should
be clearly marked ‘‘Privacy Act Access
Request.’’ The request should include a
general description of the records
sought must be signed and must include
the requestor’s full name, current
address, reason the requester believes
the records contains their PII, and date.
For additional information, refer to the
Commission’s access regulations at 11
CFR parts 1.1–1.5, 41 FR 43064 (1976).
CONTESTING RECORD PROCEDURES:
Individuals interested in contesting
the information contained in their
records or the denial of access to such
information should notify the Co-Chief
Privacy Officers at the Federal Election
Commission, 1050 1st St. NE,
Washington, DC 20463. For additional
information, refer to the Commission’s
regulations for contesting initial denials
for access to or amendment of records,
11 CFR parts 1.7–1.9, 41 FR 43064
(1976).
EXEMPTIONS CLAIMED FOR THE SYSTEM:
None.
HISTORY:
None.
[FR Doc. 2021–28222 Filed 12–27–21; 8:45 am]
BILLING CODE 6715–01–P
FEDERAL HOUSING FINANCE
AGENCY
[No. 2021–N–15]
Proposed Collection; Comment
Request
Federal Housing Finance
Agency.
ACTION: 60-Day notice of submission of
information collection for approval from
the Office of Management and Budget.
A. Need For and Use of the Information
Collection
In accordance with the
requirements of the Paperwork
Reduction Act of 1995 (PRA), the
Federal Housing Finance Agency
(FHFA) is seeking public comments
concerning an information collection
known as the ‘‘American Survey of
Mortgage Borrowers,’’ which has been
assigned control number 2590–0015 by
the Office of Management and Budget
(OMB). FHFA intends to submit the
information collection to OMB for
review and approval of a three-year
extension of the control number, which
expired on March 31, 2021.
DATES: Interested persons may submit
comments on or before February 28,
2022.
FHFA is seeking OMB clearance
under the PRA for a collection of
information known as the ‘‘American
Survey of Mortgage Borrowers’’ (ASMB).
The ASMB, conducted annually or
biennially, is a voluntary survey of
individuals who currently have a first
mortgage loan secured by single-family
residential property. The 2020 survey
questionnaire consisted of 92 questions
designed to learn directly from mortgage
borrowers about their mortgage
experience, any challenges they may
have had in maintaining their mortgage,
and their experience with mortgage
forbearance and the COVID–19
pandemic. It requested specific
information on: The mortgage; the
AGENCY:
SUMMARY:
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Submit comments to FHFA,
identified by ‘‘Proposed Collection;
Comment Request: ‘American Survey of
Mortgage Borrowers, (No. 2021–N–15)’ ’’
by any of the following methods:
• Agency Website: www.fhfa.gov/
open-for-comment-or-input.
• 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 at
RegComments@fhfa.gov to ensure
timely receipt by the agency.
• Mail/Hand Delivery: Federal
Housing Finance Agency, Eighth Floor,
400 Seventh Street SW, Washington, DC
20219, ATTENTION: Proposed
Collection; Comment Request:
‘‘American Survey of Mortgage
Borrowers, (No. 2021–N–15)’’.
We will post all public comments we
receive without change, including any
personal information you provide, such
as your name and address, email
address, and telephone number, on the
FHFA website at https://www.fhfa.gov.
Copies of all comments received will be
available for examination by the public
through the electronic comment docket
for this PRA Notice also located on the
FHFA website.
FOR FURTHER INFORMATION CONTACT: Saty
Patrabansh, Manager, National Mortgage
Database Program, Saty.Patrabansh@
fhfa.gov, (202) 649–3213; or Angela
Supervielle, Counsel,
Angela.Supervielle@fhfa.gov, (202) 649–
3973, (these are 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:
ADDRESSES:
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mortgaged property; the borrower’s
experience with the loan servicer; any
serious life events that had happened to
the borrower in 2020; and the
borrower’s financial resources and
financial knowledge. FHFA is also
seeking clearance to pretest future
iterations of the survey questionnaire
and related materials from time to time
through the use of focus groups. A copy
of the 2020 survey questionnaire
appears at the end of this notice.
The ASMB is a component of the
‘‘National Mortgage Database’’ (NMDB)
Program, which is a joint effort of FHFA
and the Consumer Financial Protection
Bureau (CFPB). The NMDB Program is
designed to satisfy the Congressionallymandated requirements of section
1324(c) of the Federal Housing
Enterprises Financial Safety and
Soundness Act.1 Section 1324(c)
requires that FHFA conduct a monthly
survey to collect data on the
characteristics of individual prime and
subprime mortgages, and on the
borrowers and properties associated
with those mortgages, in order to enable
it to prepare a detailed annual report on
the mortgage market activities of the
Federal National Mortgage Association
(Fannie Mae) and the Federal Home
Loan Mortgage Corporation (Freddie
Mac) for review by the appropriate
Congressional oversight committees.
Section 1324(c) also authorizes and
requires FHFA to compile a database of
otherwise unavailable residential
mortgage market information to make
that information available to the public
in a timely fashion.
As a means of fulfilling these and
other statutory requirements, as well as
to support policymaking and research
regarding the residential mortgage
markets, FHFA and CFPB jointly
established the National Mortgage
Database Program in 2012. The Program
is designed to provide comprehensive
information about the U.S. mortgage
market and has three primary
components: (1) The NMDB; (2) the
quarterly National Survey of Mortgage
Originations (NSMO); and (3) the
ASMB.
The NMDB is a de-identified loanlevel database of closed-end first-lien
residential mortgage loans that is
representative of the market as a whole,
contains detailed loan-level information
on the terms and performance of the
mortgages and the characteristics of the
associated borrowers and properties, is
continually updated, has an historical
component dating back to 1998, and
provides a sampling frame for surveys to
collect additional information. The core
1 12
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28DEN1
Agencies
[Federal Register Volume 86, Number 246 (Tuesday, December 28, 2021)]
[Notices]
[Pages 73767-73770]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-28222]
=======================================================================
-----------------------------------------------------------------------
FEDERAL ELECTION COMMISSION
[Notice 2021-19]
Privacy Act of 1974; New System of Records
AGENCY: Federal Election Commission.
ACTION: Notice of new system of records.
-----------------------------------------------------------------------
SUMMARY: In accordance with the Privacy Act of 1974, as amended, 5
U.S.C. 552a, the Federal Election Commission (``the FEC'' or ``the
Commission'' or ''the agency'') is publishing for comment a new system
of records that is maintained by the Commission. This new system has
been entitled FEC 17, Reasonable Accommodation. This system has been
proposed as a result of a reevaluation of the manner in which the
Commission maintains records.
DATES: Comment on the establishment of the new system of records must
be received no later than January 27, 2022. The new system of records
will be effective February 7, 2022 unless the Commission receives
comments that would result in a contrary determination.
ADDRESSES: Comments should be addressed in writing to Gregory Baker,
Co-Chief Privacy Officer, Federal Election Commission, 1050 First
Street NE, Washington, DC 20463, by close of business on January 27,
2022.
FOR FURTHER INFORMATION CONTACT: Gregory Baker, Co-Chief Privacy
Officer, Federal Election Commission, (202) 694-1612.
SUPPLEMENTARY INFORMATION: The Privacy Act regulates the collection,
maintenance, use and dissemination of information about individuals by
Federal agencies. Its basic rule generally prohibits the disclosure of
any individual's ``record,'' if contained in a ``system of records'' to
a third party without the individual's consent. See 5 U.S.C. 552a(b). A
``system of records'' is any group of records in which records can be
retrieved by the individual's name, or by a unique identifier assigned
to the individual. See 5 U.S.C. 552a(a)(5).
There are a number of exceptions to the basic rule of nondisclosure
without consent. Among them is an exception that permits nonconsensual
disclosure
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for a ``routine use''--that is, a use compatible with the purposes for
which the record was collected. 5 U.S.C. 552a(b)(3). Individuals are
also, again with exceptions, guaranteed access to their records, and
the right to request amendment of their records if they believe the
records are inaccurate. See generally 5 U.S.C. 552a(d). To facilitate
these provisions, each agency must periodically review its systems of
records and publish a notice in the Federal Register containing certain
specified information about them. The FEC has undertaken and completed
such a review and determined that the FEC needed to establish a
Reasonable Accommodation system of records.
The FEC proposes to establish the system of records entitled FEC
17, Reasonable Accommodations. FEC 17 would cover documents collected
and maintained by the Equal Employment Opportunity (``EEO'') Office at
the Federal Election Commission. These records would be collected under
the authority of The Rehabilitation Act of 1973, 29 U.S.C. 701, 791,
794; Title VII of the Civil Rights Act of 1964, 42 U.S.C. 2000e; 29 CFR
1605 (Guidelines on Discrimination Because of Religion); 29 CFR 1614
(Federal Sector Equal Employment Opportunity); 29 CFR 1614.203
(Regulations to Implement the Equal Employment Provisions of the
Americans With Disabilities Act); 5 U.S.C. 302, 1103; Executive Order
13164, Requiring Federal Agencies to Establish Procedures to Facilitate
the Provision of Reasonable Accommodation (July 26, 2000); Americans
with Disabilities Act Amendments Act (ADAAA) of 2008; and Executive
Order 13548, Increasing Federal Employment of Individuals with
Disabilities (July 26, 2010).
As required by 5 U.S.C. 552a(r) of the Privacy Act of 1974, as
amended, and OMB Circular A-130, the FEC has submitted a report
describing the new and altered systems of records covered by this
notice to the Office of Management and Budget and to Congress.
Dated: December 21, 2021.
On behalf of the Commission,
Gregory Baker,
Co-Chief Privacy Officer, Federal Election Commission.
FEC 17: Reasonable Accommodations
SYSTEM NAME:
Reasonable Accommodations for the Federal Election Commission
(FEC); FEC-17.
SECURITY CLASSIFICATION:
Sensitive but unclassified.
SYSTEM LOCATION:
Records are maintained by the Equal Employment Opportunity
(``EEO'') Office at the Federal Election Commission, 1050 1st St. NE,
Washington, DC 20463.
SYSTEM MANAGER(S):
EEO Director, EEO Office at the Federal Election Commission, 1050
1st St. NE, Washington, DC 20463.
AUTHORITY FOR MAINTENANCE OF THE SYSTEM:
The Rehabilitation Act of 1973, 29 U.S.C. 701, 791, 794; Title VII
of the Civil Rights Act of 1964, 42 U.S.C. 2000e; 29 CFR 1605
(Guidelines on Discrimination Because of Religion); 29 CFR 1614
(Federal Sector Equal Employment Opportunity); 29 CFR 1614.203
(Regulations to Implement the Equal Employment Provisions of the
Americans With Disabilities Act); 5 U.S.C. 302, 1103; Executive Order
13164, Requiring Federal Agencies to Establish Procedures to Facilitate
the Provision of Reasonable Accommodation (July 26, 2000); Americans
with Disabilities Act Amendments Act (ADAAA) of 2008; and Executive
Order 13548, Increasing Federal Employment of Individuals with
Disabilities (July 26, 2010).
PURPOSE(S):
The purpose of this system of records is to allow FEC to collect
and maintain records on applicants for employment, employees and other
individuals who participate in FEC programs or activities who request
or receive reasonable accommodations or other appropriate modifications
from FEC for medical or religious reasons; to process, evaluate, and
make decisions on individual requests; and to track and report the
processing of such requests agency-wide to comply with applicable
requirements in law and policy.
CATEGORIES OF INDIVIDUALS COVERED BY THE SYSTEM:
Current and former FEC employees (including unpaid interns and
other similarly situated individuals), and prospective employees of the
FEC, who make a request for and/or receive a reasonable accommodation
or other appropriate modifications from the FEC for a disability or
sincerely held religious belief, practice, or observance.
CATEGORIES OF RECORDS IN THE SYSTEM:
Records in this system include identifying information regarding
persons needing a reasonable accommodation (e.g., name, title/series/
grade, telephone number, date of request, email address, office,
description of accommodation requested, and reason for request);
requester's name and contact information (if different than the
employee or prospective employee who needs an accommodation); and the
status of the response within the FEC. Records in this system may
include: The original written request; the FEC's response; the name,
title and telephone number of office or staff members deciding or
referring the matter; related letters or memoranda; copies of any
enclosures/attachments, including medical records or information
related to religious belief and exemption; the date an accommodation
request was approved or denied; the reason a request was denied; the
date an accommodation was provided; whether the recommended time frames
were met as outlined in the Reasonable Accommodation Procedures; the
reason the reasonable accommodation was needed; the type(s) of
reasonable accommodation requested; the type(s) of accommodation
provided; the source of technical assistance; whether medical or other
appropriate supporting information was required to process the request,
and if so, an explanation of why it was required; and other request-
related information.
RECORD SOURCE CATEGORIES:
Information is obtained from the individuals who request and/or
receive a reasonable accommodation or other appropriate modification
from OPM, directly or indirectly from an individual's medical provider
or another medical professional who evaluates the request, directly or
indirectly from an individual's religious or spiritual advisors or
institutions, and from management officials.
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), these records and information contained in the records may be
disclosed outside of the FEC as a routine use pursuant to subsection
(b)(3) of the Privacy Act as follows:
A. To a Member of Congress or staff acting upon the Member's behalf
when the Member or staff requests the information on behalf of an
individual who is the subject of the record.
B. To the General Services Administration and National Archives and
Records Administration in records management inspections conducted
under the authority of 44 U.S.C. 2904 and 2906.
C. Where a record, either on its face or in conjunction with other
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information, indicates a violation or potential violation of law, to
any civil or criminal law enforcement authority or other appropriate
agency, whether federal, state, local, foreign, or tribal, charged with
the responsibility of investigating or prosecuting such a violation or
enforcing or implementing a statute, rule, regulation, or order.
D. In an appropriate proceeding before a court, grand jury, or
administrative or regulatory body when records are determined by the
FEC to be arguably relevant to the proceeding.
E. To an actual or potential party to litigation or the party's
authorized representative for the purpose of negotiation or discussion
on such matters as settlement, plea bargaining, or in informal
discovery proceedings.
F. To a federal agency or entity that requires information relevant
to a decision concerning the hiring, appointment, or retention of an
employee, the issuance of a security clearance, the conduct of a
security or suitability investigation, or pursuit of other appropriate
personnel matter.
G. To contractors, grantees, experts, consultants, students, and
others performing or working on a contract, service, grant, cooperative
agreement, or other assignment for the Federal Government, when
necessary to accomplish an agency function related to this system of
records. Individuals provided information under this routine use are
subject to the same Privacy Act requirements and limitations on
disclosure as are applicable to FEC employees.
H. To a former employee of the FEC for purposes of: Responding to
an official inquiry by a federal, state, or local government entity or
professional licensing authority, in accordance with applicable FEC
regulations; or facilitating communications with a former employee that
may be necessary for personnel-related or other official purposes where
the FEC requires information and/or consultation assistance from the
former employee regarding a matter within that person's former area of
responsibility.
I. To such recipients and under such circumstances and procedures
as are mandated by federal statute or treaty.
J. A record from this system may be disclosed to the Office of
Management and Budget (OMB), Department of Labor (DOL), Office of
Personnel Management (OPM), Equal Employment Opportunity Commission
(EEOC), Office of Special Counsel (OSC) or the Department of Justice
(DOJ), or other agencies to obtain advice regarding statutory,
regulatory, policy, and other requirements related to reasonable
accommodation.
K. A record from this system may be disclosed to physicians or
other medical professionals to provide them with or obtain from them
the necessary medical documentation and/or certification for reasonable
accommodation.
L. A record from this system of records may be disclosed as a
routine use to provide information to the OPM and/or MSPB for review,
audit, or reporting purposes.
M. To appropriate agencies, entities, and persons when (1) the FEC
suspects or has confirmed that there has been a breach of the system of
records; (2) the FEC has determined that as a result of the suspected
or confirmed breach, there is a risk of harm to individuals, FEC
(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 the FEC's efforts to respond to the suspected
or confirmed breach or to prevent, minimize, or remedy such harm.
N. To another Federal agency or Federal entity, when the FEC
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.
O. To first aid and safety personnel if the individual's medical
condition requires emergency treatment.
P. To a Federal agency or entity authorized to procure assistive
technologies and services in response to a request for reasonable
accommodation
Q. To an authorized appeal grievance examiner, formal complaints
examiner, administrative judge, equal employment opportunity
investigator, arbitrator, or other duly authorized official engages in
investigation or settlement of a grievance, complaint, or appeal filed
by an individual who requested a reasonable accommodation or other
appropriate modification
POLICIES AND PRACTICES FOR STORING, RETRIEVING, ACCESSING, RETAINING,
AND DISPOSING OF RECORDS IN THE SYSTEM:
STORAGE:
The records in this system of records are stored electronically on
the FEC's local area network or with FedRAMP-authorized cloud service
providers segregated from non-government traffic and data, with access
limited to a small number of personnel. In addition, paper records are
stored in locked file cabinets in access-restricted offices at 1050 1st
St. NE, Washington, DC 20463.
RETRIEVABILITY:
The records are retrieved by the name of the individual making a
request for reasonable accommodation or for whom the accommodation was
requested (if different than the individual making the request); in the
case of electronic databases, information may possibly be retrieved by
other identifying search terms.
SAFEGUARDS:
Records in this system of records are under the custody of
designated employees of the Commission. Paper records are kept in
locked file cabinets. All electronic records are protected from
unauthorized access through appropriate administrative, physical, and
technical safeguards. These safeguards include the application of
appropriate access control mechanisms to ensure the confidentiality,
integrity, and availability of those records and that they are only
accessed by those with a need to know and dictated by their official
duties. In general, records and technical equipment are maintained in
buildings with restricted access.
RETENTION AND DISPOSAL:
Records are retained under the NARA's General Records Schedule 2.3:
Employee Relations Records, Item 020, Reasonable accommodation records,
Reasonable accommodation program files, and Item 021, Reasonable
accommodation employee case files. Destroy 3 years after being
superseded, but longer retention is authorized if required for business
use (Item 020). 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 (Item 021).
NOTIFICATION PROCEDURE:
A request for notification of the existence of records may be made
in person or in writing to the Federal Election Commission, Attn: Co-
Chief Privacy Officers, 1050 1st St. NE, Washington, DC 20463, or by
emailing [email protected]. For additional information, refer to the
Commission's access regulations at 11 CFR parts 1.1-1.5, 41 FR 43064
(1976).
RECORD ACCESS PROCEDURES:
An individual interested in gaining access to a record pertaining
to them must make a request in writing addressed to the Federal
Election
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Commission, Attn: Co-Chief Privacy Officers, 1050 1st St. NE,
Washington, DC 20463, or by emailing [email protected]. The envelope and
letter should be clearly marked ``Privacy Act Access Request.'' The
request should include a general description of the records sought must
be signed and must include the requestor's full name, current address,
reason the requester believes the records contains their PII, and date.
For additional information, refer to the Commission's access
regulations at 11 CFR parts 1.1-1.5, 41 FR 43064 (1976).
CONTESTING RECORD PROCEDURES:
Individuals interested in contesting the information contained in
their records or the denial of access to such information should notify
the Co-Chief Privacy Officers at the Federal Election Commission, 1050
1st St. NE, Washington, DC 20463. For additional information, refer to
the Commission's regulations for contesting initial denials for access
to or amendment of records, 11 CFR parts 1.7-1.9, 41 FR 43064 (1976).
EXEMPTIONS CLAIMED FOR THE SYSTEM:
None.
HISTORY:
None.
[FR Doc. 2021-28222 Filed 12-27-21; 8:45 am]
BILLING CODE 6715-01-P