[Federal Register Volume 86, Number 220 (Thursday, November 18, 2021)]
[Notices]
[Pages 64468-64471]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-25184]


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FEDERAL HOUSING FINANCE AGENCY

[No. 2021-N-12]


Privacy Act of 1974; System of Records

AGENCY: Federal Housing Finance Agency.

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 
(FHFA or Agency) is establishing FHFA-26, 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 FHFA staff 
(including political appointees, employees, former employees, 
detailees, applicants for employment, and interns), contractors, and 
visitors to FHFA facilities or FHFA-sponsored events, that is necessary 
to ensure a safe and healthy work environment. FHFA 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 Service (HHS) Secretary or designated federal 
official, or a public health emergency declared by a state or local 
authority. Even in the absence of a declaration of a health-related 
national emergency or public health emergency, FHFA may collect these 
records if it determines that a significant risk of substantial harm 
exists to the health of FHFA staff (as defined above), contractors, and 
visitors to FHFA facilities or FHFA-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 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 ``2021-N-12,'' 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 
comment 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. 2021-N-12'' in the subject line of the 
message.
     Hand Delivered/Courier: The hand delivery address is: 
Clinton Jones, General Counsel, Attention: Comments/No. 2021-N-12, 
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.
     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. 2021-N-12, 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

[[Page 64469]]

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: Stephanie L. Beavers, Supervisory 
Security Specialist, [email protected], (202) 649-3940; 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 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/No. 2021-N-12,'' please reference 
FHFA-26, Public Health Emergency Records System. All comments received 
will be posted without change on the FHFA website at https://www.fhfa.gov and will include any personal information provided, such 
as name, address (mailing and email), telephone numbers.

II. Introduction

    This notice informs the public of FHFA's proposal to establish a 
new FHFA 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. The General 
Counsel has determined that 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 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 
submitted a report describing the system of records covered by this 
notice to the Office of Management and Budget, 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. New System of Records

    The purpose of the new ``Public Health Emergency Records System'' 
(FHFA-26) is to assist FHFA with maintaining a safe and healthy 
workplace and responding to a public health emergency. These measures 
may include instituting activities such as: Requiring FHFA staff (as 
defined above), contractors, and visitors to FHFA facilities or FHFA-
sponsored events to provide information related to medical/health 
screening, contact tracing, and vaccination status before being allowed 
access to an FHFA facility or FHFA-sponsored event, a regulated 
entity's facility, or the facility of a third-party for official 
business purposes.
    FHFA 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 HHS Secretary or a 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 may collect these records if 
it determines that a significant risk of substantial harm exists to the 
health of FHFA staff (as defined above), contractors, and visitors to 
FHFA facilities or FHFA-sponsored events. FHFA 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.

SYSTEM NAME AND NUMBER:
    Public Health Emergency Records System, FHFA-26.

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 Facilities and Operations Management, Security & 
Transportation Operations Branch, Supervisory Security Specialist, 
(202) 649-3940, 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 (29 U.S.C. 654); 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 (42 U.S.C. 12112(d)(3)(B)); Executive Order Nos. 
12196, 12148, 12656, 13991, 13994, 14042 and 14043; the federal laws 
that authorize FHFA to create and maintain federal records of agency 
activities, 5 U.S.C. 301, 44 U.S.C. 3101; and the Federal Housing 
Enterprises Financial Safety and Soundness Act of 1992, as amended (12 
U.S.C. 4501 et seq.).

PURPOSE(S) OF THE SYSTEM:
    The Public Health Emergency Records System (FHFA-26) is being 
established by FHFA to assist the agency with maintaining a safe and 
healthy workplace and responding to a public health emergency. These 
measures may include instituting activities such as: Requiring FHFA 
staff, contractors, and visitors to FHFA facilities or FHFA-sponsored 
events to provide information related to medical/health screening, 
contact tracing, and vaccination status before being allowed access to 
an FHFA facility or FHFA-sponsored event, a regulated entity's 
facility, or the facility of a third-party for official business 
purposes, 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

[[Page 64470]]

absence of a declaration of a health-related national emergency or 
public health emergency, FHFA may collect these records if it 
determines that a significant risk of substantial harm exists to the 
health of FHFA staff, contractors, and visitors to FHFA facilities, 
FHFA-sponsored events, a regulated entity's facility, or a third-
party's facility. The system serves four main purposes: 1. Assist with 
medical/health screening for individuals requesting entry into FHFA 
facilities or FHFA-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; 3. Establish a record 
collection to ensure FHFA collects medical information if it determines 
that a significant risk of substantial harm exists to the health of 
FHFA Staff, in addition to collecting medical information pursuant to 
the implementing guidance of applicable federal laws, public health 
mandates, and executive orders; and 4. Evaluate, approve, deny, and 
implement requests for medical and religious exceptions.

CATEGORIES OF INDIVIDUALS COVERED BY THE SYSTEM:
    Individuals covered by this system include FHFA staff (as defined 
above), contractors, and visitors to FHFA facilities and FHFA-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, personal telephone numbers); and 
any other information provided.
    The system includes medical/health and relevant religious 
information collected about FHFA staff (as defined above), contractors, 
and visitors before being allowed to access an FHFA facility or FHFA-
sponsored event, a regulated entity's facility, or a third-party's 
facility for official business purposes 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 FHFA staff and 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 FHFA staff (as 
defined above), contractors, visitors to an FHFA facility or FHFA-
sponsored event, a regulated entity's facility, or facility of a third-
party for official business purposes that is necessary to conduct 
contact tracing that may include, but is not limited to, the above 
information.
    This information may also include, but is not limited to, the dates 
and the relevant facilities visited or FHFA-sponsored event 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 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 for FHFA staff and 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.
    The system also includes records documenting the evaluation, 
approval, and denial of requests for medical and religious exceptions.

RECORD SOURCE CATEGORIES:
    Information is provided by FHFA staff (as defined above), 
contractors, and visitors before being allowed access to an FHFA 
facility, FHFA-sponsored event, a regulated entity's facility, or the 
facility of a third-party for official business purposes.
    For FHFA contractors and visitors, information may also be provided 
by their employer or the organization the individual is affiliated with 
for purposes of accessing an FHFA facility or FHFA-sponsored event, a 
regulated entity's facility, or the facility of a third-party for 
official business purposes. 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 FHFA systems of 
records, including but not limited to, Benefits Records (FHFA-10), 
Emergency Notification System (FHFA-14), Reasonable Accommodations 
(FHFA-18), and also Government-wide systems of records, such as OPM/
GOVT-10, Employee Medical File System Records.
    Information is also provided by individuals who are responsible for 
processing requests for medical and/or religious exceptions.

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 
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 a federal, state, or local agency to the extent necessary to 
comply with laws governing reporting of infectious disease.
    (2) To the emergency contact(s) of FHFA staff (as defined above), 
contractors, or visitors for purposes of locating such individuals 
during a public health emergency or communicate that an individual may 
have been exposed to a contagious or communicable disease as the result 
of a pandemic or epidemic while visiting an FHFA facility, FHFA-
sponsored event, a regulated entity's facility, or a third-party's 
facility while the individual was there for official business.
    (3) 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;
    (4) 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

[[Page 64471]]

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, 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.
    (7) 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.
    (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 
collected the records.
    (11) 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 where 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 and 
the use of such records is compatible with the purpose for which FHFA 
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 a regulated entity or third-party for the purpose of 
providing FHFA staff or contractors access to a facility for official 
business purposes, limited to the least amount of information necessary 
for such purpose as determined or agreed to by FHFA.

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 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 facilities; symptoms or other 
medical information reported; offices or floors visited within FHFA 
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 FHFA employee, 
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, Item 070, and General Records Schedule 2.3, Item 020.

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 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:
    None.

Clinton Jones,
General Counsel, Federal Housing Finance Agency.
[FR Doc. 2021-25184 Filed 11-17-21; 8:45 am]
BILLING CODE 8070-01-P