Privacy Act of 1974; System of Records, 17086-17089 [2022-06310]

Agencies

• FEDERAL HOUSING FINANCE AGENCY

[Federal Register Volume 87, Number 58 (Friday, March 25, 2022)]
[Notices]
[Pages 17086-17089]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2022-06310]



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FEDERAL HOUSING FINANCE AGENCY

[No. 2022-N-4]


Privacy Act of 1974; System of Records

AGENCY: Federal Housing Finance Agency.

ACTION: Notice of a modified system of records.

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SUMMARY: In accordance with the requirements of the Privacy Act of 
1974, as amended, (Privacy Act), the Federal Housing Finance Agency 
(FHFA or Agency) is proposing to modify the current FHFA system of 
records titled, ``FHFA-18, Reasonable Accommodation and Personal 
Assistance Services Information System'' (System) in order to collect 
information related to sincerely held religious beliefs, practices, or 
observances when necessary to evaluate requests for religious 
accommodations. FHFA is also publishing this revised system of records 
to reflect updates to the authorities and to expand the system's 
purpose, scope of categories of individuals, categories of records, and 
record source categories. FHFA is also proposing to modify certain 
routine uses, and make general and administrative updates to the 
remaining sections in the System.

DATES: In accordance with 5 U.S.C. 552a(e)(4) and (11), the modified 
system of records will go into effect without further notice on March 
25, 2022, unless otherwise revised pursuant to comments received. The 
modified routine uses will go into effect on April 25, 2022. Comments 
must be received on or before April 25, 2022. FHFA will publish a new 
notice if the effective date is delayed in order for the Agency to 
review the comments or if changes are made based on comments received.

ADDRESSES: Submit comments to FHFA, identified by ``No. 2022-N-4,'' 
using any one of the following methods:
     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 
comments to the Federal eRulemaking Portal, please also send it by 
email to FHFA at [email protected] to ensure timely receipt by FHFA. 
Please include ``Comments/No. 2022-N-4,'' in the subject line of the 
message.
     Hand Delivered/Courier: The hand delivery address is: 
Clinton Jones, General Counsel, Attention: Comments/No. 2022-N-4, 
Federal Housing Finance Agency, 400 Seventh Street SW, Washington, DC 
20219. The package should be delivered to the Seventh Street entrance 
Guard Desk, First Floor, on business days between 9 a.m. and 5 p.m., 
EST. For U.S. Mail, United Parcel Service, Federal Express, or Other 
Mail Service: The mailing address for comments is: Clinton Jones, 
General Counsel, Attention: Comments/No. 2022-N-4, Federal Housing 
Finance Agency, 400 Seventh Street SW, Washington, DC 20219. Please 
note that all mail sent to FHFA via the U.S. Postal Service is routed 
through a national irradiation facility, a process that may delay 
delivery by approximately two weeks. For any time-sensitive 
correspondence, please plan accordingly.
    See SUPPLEMENTARY INFORMATION for additional information on 
submission and posting of comments.

FOR FURTHER INFORMATION CONTACT: Stacy Easter, Privacy Act Officer, 
[email protected] or (202) 649-3803; or Tasha Cooper, Senior Agency 
Official for Privacy, [email protected] or (202) 649-3091 (not toll-free 
numbers), Federal Housing Finance Agency, 400 Seventh Street SW, 
Washington, DC 20219. For TTY/TRS users with hearing and speech 
disabilities, dial 711 and ask to be connected to any of the contact 
numbers above.

SUPPLEMENTARY INFORMATION:

I. Comments

    FHFA seeks public comments on the revision(s) to the system of 
records and will take all comments into consideration. See 5 U.S.C. 
552a(e)(4) and (11). In addition to referencing ``Comments/No. 2022-N-
4,'' please reference ``FHFA-18, Reasonable Accommodation and Personal 
Assistance Services Information System.''
    FHFA will make all comments timely received available for 
examination by the public through the electronic comment docket for 
this notice, which is located on the FHFA website at https://www.fhfa.gov. All comments received will be posted without change and 
will include any personal information you provide, such as name, 
address (mailing and email), telephone numbers, and any other 
information you provide.

II. Introduction

    This notice informs the public of FHFA's proposed revision(s) to an 
existing system of records. This notice satisfies the Privacy Act 
requirement that an agency publishes a system of records notice in the 
Federal Register when there is an addition or change to an agency's 
systems of records. Congress has recognized that application of all 
requirements of the Privacy Act to certain categories of records may 
have an undesirable and often unacceptable effect upon agencies in the 
conduct of necessary public business. Consequently, Congress 
established general exemptions and specific exemptions that could be 
used to exempt records from provisions of the Privacy Act. Congress 
also required that exempting records from provisions of the Privacy Act 
would require the head of an agency to publish a determination to 
exempt a record from the Privacy Act as a rule in accordance with the 
Administrative Procedure Act. Records and information in this system of 
records are not exempt from the requirements of the Privacy Act.
    As required by the Privacy Act, 5 U.S.C. 552a(r), and pursuant to 
section 7 of Office of Management and Budget (OMB) Circular No. A-108, 
``Federal Agency Responsibilities for Review, Reporting, and 
Publication under the Privacy Act'', prior to publication of this 
notice, FHFA submitted a report describing the system of records 
covered by this notice to the OMB, the Committee on Oversight and 
Government Reform of the House of Representatives, and the Committee on 
Homeland Security and Governmental Affairs of the Senate.

III. Revised Systems of Records

    The revised system of records notice is set out in its entirety and 
described in detail below. The proposed modification to the System 
makes the following substantive and nonsubstantive changes:
    (1) Adds new authorities, revises the purpose, and expands the 
categories of individuals covered by the system, the categories of 
records in the system, and the records source categories, to allow FHFA 
to collect and maintain information required to process religious 
accommodation requests provided for under Title VII of the Civil Rights 
Act of 1964 (CRA), as amended.
    (2) Revises existing routine uses language to be consistent with 
FHFA's standard routine uses, deletes routine use 7, and merges routine 
uses 13 and 14.
    (3) Updates the Security Classification section as Controlled 
Unclassified due to FHFA's transition to a controlled unclassified 
information policy to align with the National Archives and Records 
Administration (NARA).
    (4) Makes other general and administrative updates to the remaining

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sections of the notice in accordance with the OMB Circular A-108.
    Information in this System is used to collect, maintain, evaluate, 
approve, deny, and/or implement requests for a reasonable accommodation 
or personal assistance services under sections 501, 504, and 701 of the 
Rehabilitation Act of 1973; 29 CFR part 1630; the Americans with 
Disabilities Act (ADA) Amendments of 2008; Title VII of the Civil 
Rights Act of 1964; and 29 CFR part 1605.
    In addition, the System tracks and reports to appropriate entities 
the processing of requests for reasonable accommodation and personal 
assistance services to ensure compliance with applicable laws and 
regulations, and to preserve and maintain the confidentiality of 
medical and religious information.

SYSTEM NAME AND NUMBER:
    Reasonable Accommodation and Personal Assistance Services 
Information System, FHFA-18.

SECURITY CLASSIFICATION:
    Controlled Unclassified Information.

SYSTEM LOCATION:
    Federal Housing Finance Agency, 400 Seventh Street SW, Washington, 
DC 20219, and any alternate work site used by employees of FHFA, 
including contractors assisting agency employees, FHFA-authorized cloud 
service providers, and FHFA-authorized contractor networks located 
within the Continental United States.

SYSTEM MANAGER(S):
    Office of Human Resources Management, Employee Relations and 
Benefits, Senior Human Resources Specialist, (202) 649-3807, Federal 
Housing Finance Agency, 400 7th Street SW, Washington, DC 20219, and 
any alternate work site utilized by employees of the Federal Housing 
Finance Agency or by individuals assisting such employees.

AUTHORITY FOR MAINTENANCE OF THE SYSTEM:
    The Rehabilitation Act of 1973 (29 U.S.C. 791); 29 CFR part 1630; 
Executive Orders 13163, 13164 and 13548; Equal Employment Opportunity 
Commission (EEOC) Policy Guidance on Executive Order 13164; EEOC 
Enforcement Guidance: Application of the Americans with Disabilities 
Act (ADA) to Contingent Workers Placed by Temporary Agencies and Other 
Staffing Firms; Title VII of the Civil Rights Act of 1964 (42 U.S.C. 
2000e); and 29 CFR part 1605.

PURPOSE(S) OF THE SYSTEM:
    The purpose(s) of the System is to:
    (1) Allow FHFA to collect and maintain records on applicants for 
employment, employees (including former employees), and others who 
request or receive a reasonable accommodation under sections 501, 504, 
and 701 of the Rehabilitation Act of 1973, as amended, and under the 
ADA Amendments of 2008, and on employees and others who request or 
receive personal assistance services under section 501, as amended, of 
the Rehabilitation Act of 1973;
    (2) Allow FHFA to collect and maintain records on applicants for 
employment, employees (including former employees), and others with 
sincerely held religious beliefs, practices, or observances who request 
or receive an accommodation pursuant to Title VII of the Civil Rights 
Act of 1964 (42 U.S.C. 2000e) and 29 CFR part 1605;
    (3) Track and report to appropriate entities the processing of 
requests for reasonable and religious accommodations and personal 
assistance services to ensure compliance with applicable laws and 
regulations;
    (4) Preserve and maintain the confidentiality of medical and 
religious information.; and
    (5) Evaluate, approve, deny, and/or implement a request for 
religious and reasonable accommodation or personal assistance service.

CATEGORIES OF INDIVIDUALS COVERED BY THE SYSTEM:
    Applicants for employment, employees (current and former), and any 
other individuals who request and/or receive a reasonable accommodation 
under sections 501, 504, and 701 of the Rehabilitation Act of 1973 and 
under the ADA Amendments of 2008; employees who request or receive 
personal assistance services under section 501, as amended, of the 
Rehabilitation Act; and employees who request and/or receive a 
reasonable accommodation for a sincerely held religious belief, 
practice, or observance under Title VII of the Civil Rights Act of 1964 
and 29 CFR part 1605, respectively. This also includes authorized 
individuals or representatives (e.g., family member or attorney) who 
file requests for a reasonable accommodation on behalf of an applicant 
for employment, or who file requests for reasonable accommodations or 
personal assistance services on behalf of an employee, or other 
individual, as well as former employees who requested or received 
reasonable accommodations or personal assistance services during their 
employment with FHFA.

CATEGORIES OF RECORDS IN THE SYSTEM:
    Records may include requester's name, contact information (i.e., 
address, telephone number, email address and any other information 
provided), or other unique identifier; requester's authorized 
representative's name and contact information (i.e., address, telephone 
number, email address and any other information provided); requester's 
status (i.e., applicant, employee, or other); request date; job(s) 
(occupational series, grade level, and agency component) for which a 
reasonable accommodation or personal assistance service had been 
requested; other reasons for requesting a reasonable accommodation or 
personal assistance service; information concerning a sincerely held 
religious belief, practice, or observance and/or the nature of any 
religious accommodation request; information concerning the nature of 
any disability and the need for accommodation or assistance; 
appropriate medical or other documentation provided in support of the 
request; details of a reasonable accommodation or personal assistance 
service request to include: Type(s) of accommodation or assistance 
requested; whether the accommodation requested was pre-employment or 
during employment, or for some other reason; whether the assistance 
requested was during employment; how the requested accommodation would 
assist the individual in applying for a job, how the requested 
accommodation or assistance would assist the individual in performing 
current job functions, or meeting some other need/requirement; the 
amount of time taken to process the request; whether the request was 
granted or denied and, if denied, the reason for the denial; and the 
sources of any assistance consulted in trying to identify possible 
reasonable accommodations or providing personal assistance services.

RECORD SOURCE CATEGORIES:
    Information is provided by applicants for employment, employees, 
other individuals requesting a religious accommodation, reasonable 
accommodation, personal assistance service, or and/or their authorized 
representatives, as well as individuals who are responsible for 
processing such requests. For any of the individuals above who are 
minors, the information may be provided by the individual's parent or 
legal custodian.

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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) of the Privacy Act, these records or information contained 
therein may specifically be disclosed outside of FHFA as a routine use 
pursuant to 5 U.S.C. 552a(b)(3) as follows, to the extent such 
disclosures are compatible with the purposes for which the information 
was collected:
    (1) To appropriate agencies, entities, and persons when--(a) FHFA 
suspects or has confirmed that there has been a breach of the system of 
records; (b) FHFA has determined that as a result of a suspected or 
confirmed breach there is a risk of harm to individuals, FHFA 
(including its information systems, programs, and operations), the 
Federal Government, or national security; and (c) the disclosure made 
to such agencies, entities, and persons as are reasonably necessary to 
assist with FHFA's efforts to respond to a suspected or confirmed 
breach or to prevent, minimize, or remedy harm.
    (2) To another federal agency or federal entity, when FHFA 
determines that information from this system of records is reasonably 
necessary to assist the recipient agency or entity in: (a) Responding 
to a suspected or confirmed breach or; (b) preventing, minimizing, or 
remedying the risk of harm to individuals, the recipient agency or 
entity (including its information systems, programs, and operations), 
the Federal Government, or national security, resulting from a 
suspected or confirmed breach.
    (3) When there is an indication of a violation or potential 
violation of law, whether civil, criminal, or regulatory in nature, and 
whether arising by general statute or particular program statute, or by 
regulation, rule or order issued pursuant thereto, the relevant records 
in the system of records may be referred, as a routine use, to the 
appropriate agency, whether federal, state, local, tribal, foreign or a 
financial regulatory organization charged with the responsibility of 
investigating or prosecuting such violation or charged with enforcing 
or implementing a statute, or rule, regulation or order issued pursuant 
thereto.
    (4) To any individual during the course of any inquiry or 
investigation conducted by FHFA, or in connection with civil 
litigation, if FHFA has reason to believe that the individual to whom 
the record is disclosed may have further information about the matters 
related thereto, and those matters appeared to be relevant at the time 
to the subject matter of the inquiry.
    (5) To any individual with whom FHFA contracts to collect, store, 
or maintain, or reproduce, by typing, photocopy or other means, any 
record within this system for use by FHFA and its employees in 
connection with their official duties, or to any individual who is 
engaged by FHFA to perform clerical or stenographic functions relating 
to the official business of FHFA.
    (6) To members of advisory committees that are created by FHFA or 
by Congress to render advice and recommendations to FHFA or to 
Congress, to be used solely in connection with their official, 
designated functions.
    (7) To a Congressional office from the record of an individual in 
response to an inquiry from the Congressional office made at the 
request of that individual.
    (8) To consultants, contractor personnel, entities, vendors or 
suppliers, employees of other government agencies, whether federal, 
state or local, as necessary to make a decision on a request for 
accommodation or to implement the decision.
    (9) To a court, magistrate, or administrative tribunal in the 
course of presenting evidence, including disclosures to opposing 
counsel or witnesses in the course of civil discovery, litigation, or 
settlement negotiations or in connection with criminal law proceedings 
or in response to a subpoena from a court of competent jurisdiction, 
and when FHFA determines that the records are both relevant and 
necessary to the litigation.
    (10) To another federal agency or commission with responsibility 
for labor or employment relations or other issues, including equal 
employment opportunity and reasonable accommodation or personal 
assistance service issues, when that agency or commission has 
jurisdiction over reasonable accommodation or personal assistance 
service.
    (11) To the Office of Management and Budget, Department of Justice 
(DOJ), Department of Labor, Office of Personnel Management, Equal 
Employment Opportunity Commission, Office of Special Counsel, Merit 
Systems Protection Board or other federal agencies to obtain advice 
regarding statutory, regulatory, policy, and other requirements related 
to reasonable accommodation or personal assistance service.
    (12) To appropriate third parties contracted by FHFA to facilitate 
mediation or other dispute resolution procedures or programs.
    (13) To another federal agency or entity authorized to procure 
assistive technologies and services in response to a request for 
reasonable accommodation.
    (14) To outside counsel contracted by FHFA, DOJ, (including United 
States Attorney Offices), or other federal agencies conducting 
litigation or in proceedings before any court, adjudicative or 
administrative body, when it is necessary to the litigation and one of 
the following is a party to the litigation or has an interest in such 
litigation:
    a. FHFA;
    b. Any employee of FHFA in his/her official capacity;
    c. Any employee of FHFA in his/her individual capacity when DOJ or 
FHFA has agreed to represent the employee; or
    d. The United States or any agency thereof, is a party to the 
litigation or has an interest in such litigation, and FHFA determines 
that the records are both relevant and necessary to the litigation.
    (15) To the National Archives and Records Administration or other 
federal agencies pursuant to records management inspections being 
conducted under the authority of 44 U.S.C. 2904 and 2906.
    (16) To an agency, organization, or individual for the purpose of 
performing audit or oversight operations as authorized by law, but only 
such information as is necessary and relevant to such audit or 
oversight function.

POLICIES AND PRACTICES FOR STORAGE OF RECORDS:
    Records are maintained in electronic or paper format. Electronic 
records are stored on FHFA's secured network, FHFA-authorized cloud 
service providers and FHFA-authorized contractor networks located 
within the Continental United States. Paper records are stored in 
locked offices, locked file rooms, and locked file cabinets or safes.

POLICIES AND PRACTICES FOR RETRIEVAL OF RECORDS:
    Records may be retrieved by an individual's name or some other 
unique identifier.

POLICIES AND PRACTICES FOR RETENTION AND DISPOSAL OF RECORDS:
    Records are retained and disposed of in accordance with National 
Archives and Records Administration (NARA's) General Records Schedule 
2.3, Item 020 and FHFA's Comprehensive Records Schedule, Item 5.3 Human 
Resources Records.

ADMINISTRATIVE, TECHNICAL, AND PHYSICAL SAFEGUARDS:
    Records are maintained in controlled access areas. Electronic 
records are

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protected by restricted access procedures, including user 
identifications and passwords. Only FHFA staff (and FHFA contractors 
assisting such staff) whose official duties require access are allowed 
to view, administer, and control these records.

RECORD ACCESS PROCEDURES:
    See ``Notification Procedures'' below.

CONTESTING RECORD PROCEDURES:
    See ``Notification Procedures'' below.

NOTIFICATION PROCEDURES:
    Individuals seeking notification of any records about themselves 
contained in this system should address their inquiry to the Privacy 
Act Officer, via email to [email protected] or by mail to the Federal 
Housing Finance Agency, 400 Seventh Street SW, Washington, DC 20219, or 
in accordance with the procedures set forth in 12 CFR part 1204. Please 
note that all mail sent to FHFA via the U.S. Postal Service is routed 
through a national irradiation facility, a process that may delay 
delivery by approximately two weeks. For any time-sensitive 
correspondence, please plan accordingly.

EXEMPTIONS PROMULGATED FOR THE SYSTEM:
    None.

HISTORY:
    The system of records was last published in full in the Federal 
Register at 83 FR 43677 (August 27, 2018).

Clinton Jones,
General Counsel, Federal Housing Finance Agency.
[FR Doc. 2022-06310 Filed 3-24-22; 8:45 am]
BILLING CODE 8070-01-P