[Federal Register Volume 83, Number 166 (Monday, August 27, 2018)]
[Notices]
[Pages 43677-43680]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2018-18411]
=======================================================================
-----------------------------------------------------------------------
FEDERAL HOUSING FINANCE AGENCY
[No. 2018-N-09]
Privacy Act of 1974; System of Records
AGENCY: Federal Housing Finance Agency.
ACTION: Notice of a Modified System of Records.
-----------------------------------------------------------------------
SUMMARY: In accordance with the requirements of the Privacy Act of
1974, as amended (Privacy Act), the Federal Housing Finance Agency
(FHFA) gives notice of and requests comments on the proposed revisions
to an existing system of records entitled ``Reasonable Accommodation
Information System'' (FHFA-18). The revised system contains information
regarding an individual who files a request for reasonable
accommodation or personal assistance service, and will be newly named
``Reasonable Accommodation and Personal Assistance Services Information
System.''
DATES: To be assured of consideration, comments must be received on or
before September 26, 2018. The revision to the system of records will
become effective on September 26, 2018 without further notice unless
comments necessitate otherwise. FHFA will publish a new notice if the
effective date is delayed to review comments or if changes are made
based on comments received.
ADDRESSES: Submit comments to FHFA identified by ``2018-N-09,'' using
any one of the following methods:
Agency Website: www.fhfa.gov/open-for-comment-or-input.
Federal eRulemaking Portal: http://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. 2018-N-09,'' in the subject line of the
message.
Hand Delivered/Courier: The hand delivery address is:
Alfred M. Pollard, General Counsel, Attention: Comments/No. 2018-N-09,
Federal Housing Finance Agency, 400 7th Street SW, Eighth Floor,
Washington, DC 20219. The package should be delivered to the 7th Street
entrance Guard Desk, First Floor, on business days between 9 a.m. to 5
p.m.
U.S. Mail, United Parcel Service, Federal Express, or
Other Mail Service: The mailing address for comments is: Alfred M.
Pollard, General Counsel, Attention: Comments/No. 2018-N-09, Federal
Housing Finance Agency, 400 7th Street SW, Eighth Floor, 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 J. Easter, Privacy Act Officer,
[email protected] or (202) 649-3803, or David A. Lee, Senior Agency
Official for Privacy, [email protected] or (202) 649-3803 (not toll-free
numbers), Federal Housing Finance Agency, Eighth Floor, 400 7th Street
SW, Eighth Floor, Washington, DC 20219. The telephone number for the
Telecommunications Device for the Hearing Impaired is (800) 877-8339.
SUPPLEMENTARY INFORMATION:
I. Comments
FHFA seeks public comments on the revisions 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. 2018-N-
09,'' please reference ``Reasonable Accommodation and Personal
Assistance Services Information System (FHFA-18).''
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 http://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 revisions 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. The Director of FHFA has determined that
records and information in this system of records is 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,'' dated
December 23, 2016 (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. Revised Systems Of Records
The ``Reasonable Accommodation Information System'' (FHFA-18)
system of records is being revised to change the system name, address
new records that will be collected, update the system's purpose, add
one new routine use, and make non-substantive edits. The system's new
name will be ``Reasonable Accommodation and Personal Assistance
Services Information System.'' The current purpose of the system is to
collect and maintain records from individuals who request a reasonable
accommodation. FHFA is proposing to expand the purpose of the system to
include records collected and maintained from individuals who request
personal assistance services. The revised routine use updates the
language for the disclosure of records
[[Page 43678]]
necessary to respond to a breach. The added routine uses address the
disclosure of records to the U.S. Department of Agriculture for
purposes of procuring assistive technologies and services through the
Technology & Accessible Resources Give Employment Today Center in
response to a request for reasonable accommodation, as well as, the
disclosure of records that may reasonably be needed by another agency
in responding to a breach.
The revised system of records notice is set out in its entirety and
described in detail below.
SYSTEM NAME AND NUMBER:
Reasonable Accommodation and Personal Assistance Services
Information System (FHFA-18).
SECURITY CLASSIFICATION:
No Classified Information.
SYSTEM LOCATION:
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 (FHFA) or individuals assisting such employees.
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 (FHFA) 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; and EEOC
Enforcement Guidance: Application of the American with Disabilities Act
(ADA) to Contingent Workers Placed by Temporary Agencies and Other
Staffing Firms.
PURPOSE(S) OF THE SYSTEM:
The purpose of the System is to allow FHFA to collect and maintain
records on applicants for employment, employees (including former
employees), and others who request a reasonable accommodation under
sections 501, 504, and 701 of the Rehabilitation Act of 1973 and under
the ADA Amendments of 2008, and employees who request or receive
personal assistance services under Section 501, as amended, of the
Rehabilitation Act. In addition, the purpose of the System is to track
and report to appropriate entities the processing of requests for
reasonable accommodation and personal assistance service to ensure
compliance with applicable laws and regulations, and to preserve and
maintain the confidentiality of medical information. Information in
this System will be used to evaluate, approve, deny, and/or implement a
request for 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 or receive a reasonable accommodation
under sections 501, 504, and 701 of the Rehabilitation Act of 1973 and
under the ADA Amendments of 2008, and employees who request or receive
personal assistance services under Section 501, as amended, of the
Rehabilitation Act. This also includes authorized individuals or
representatives (e.g., family member or attorney) who file requests for
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 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 reasonable accommodation or personal
assistance service, and/or their authorized representatives, as well as
individuals who are responsible for processing such requests.
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 FHFA as a routine use
pursuant to 5 U.S.C. 552a(b)(3) as follows:
(1) To appropriate agencies, entities, and person when (1) FHFA
suspects or has confirmed that there has been a breach of the system of
records; (2) FHFA has determined that as a result of the 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 (3) the disclosure made
to such agencies, entities, and persons is reasonably necessary to
assist in connection with FHFA's efforts to respond to the suspected or
confirmed breach or to prevent, minimize, or remedy such harm.
(2) Where 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
[[Page 43679]]
responsibility of investigating or prosecuting such violation or
charged with enforcing or implementing a statute, or rule, regulation
or order issued pursuant thereto.
(3) 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 therein, and those matters appeared to be relevant at the time
to the subject matter of the inquiry.
(4) To any individual with whom FHFA contracts to 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 utilized by FHFA to perform clerical or
stenographic functions relating to the official business of FHFA.
(5) 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.
(6) 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.
(7) To contractor personnel, grantees, volunteers, interns, and
others performing or working on a contract, service, grant, cooperative
agreement, or project for FHFA.
(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.
(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, or Office of Special Counsel 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 the Department of Defense for purposes of procuring
assistive technologies and services through the Computer/Electronic
Accommodation Program in response to a request for reasonable
accommodation.
(14) To the U.S. Department of Agriculture for purposes of
procuring assistive technologies and services through the Technology &
Accessible Resources Give Employment Today Center in response to a
request for reasonable accommodation.
(15) To DOJ, (including United States Attorney Offices), or other
Federal agency 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:
1. FHFA
2. Any employee of FHFA in his/her official capacity;
3. Any employee of FHFA in his/her individual capacity where DOJ or
FHFA has agreed to represent the employee; or
4. 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.
(16) 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.
(17) 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.
(18) 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 (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.
POLICIES AND PRACTICES FOR STORAGE OF RECORDS:
Records are maintained in electronic format, paper form, and
magnetic disk or tape. Electronic records are stored in computerized
databases. Paper and magnetic disk or tape records are stored in locked
file rooms, locked file cabinets, or locked safes.
POLICIES AND PRACTICES FOR RETRIEVAL OF RECORDS:
Records may be retrieved by name, or some other unique identifier.
POLICIES AND PRACTICES FOR RETENTION AND DISPOSAL OF RECORDS:
Records are retained and disposed of in accordance with the
appropriate National Archives and Records Administration General
Records Schedules (GRS), GRS 2.3.20 and FHFA Comprehensive Records
Schedule, Item 5.3 Human Resources Records. Disposal is by shredding or
other appropriate disposal system.
ADMINISTRATIVE, TECHNICAL, AND PHYSICAL SAFEGUARDS:
Records are safeguarded in a secured environment. Buildings where
records are stored have security cameras and 24-hour security guard
service. Computerized records are safeguarded through use of access
codes and other information technology security measures. Paper records
are safeguarded by locked file rooms, locked file cabinets, or locked
safes. Access to the records is restricted to those who require the
records in the performance of official duties related to the purposes
for which the system is maintained.
RECORD ACCESS PROCEDURES:
Direct requests for access to a record to the Privacy Act Officer,
Federal Housing Finance Agency, 400 7th Street SW, Washington, DC
20219, or [email protected] in accordance with the procedures set forth
in 12 CFR part 1204.
CONTESTING RECORD PROCEDURES:
Direct requests to contest or appeal an adverse determination for a
record to the Privacy Act Appeals Officer, Federal Housing Finance
Agency, 400 7th Street SW, Washington, DC 20219, or [email protected] in
accordance with the procedures set forth in 12 CFR part 1204.
[[Page 43680]]
NOTIFICATION PROCEDURES:
Direct inquiries as whether this system contains a record
pertaining to an individual to the Privacy Act Officer, Federal Housing
Finance Agency, 400 7th Street SW, Washington, DC 20219, or
[email protected] in accordance with the procedures set forth in 12 CFR
part 1204.
EXEMPTIONS PROMULGATED FOR THE SYSTEM:
None.
HISTORY:
The Reasonable Accommodation Information System (FHFA-18) system of
records was last published in the Federal Register on August 9, 2012
(77 FR 47641, 47646).
Dated: August 21, 2018.
Melvin L. Watt,
Director, Federal Housing Finance Agency.
[FR Doc. 2018-18411 Filed 8-24-18; 8:45 am]
BILLING CODE 8070-01-P