[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]


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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.

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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) 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:
    <bullet> Agency Website: www.fhfa.gov/open-for-comment-or-input.
    <bullet> 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 <a href="/cdn-cgi/l/email-protection#1d4f787a5e7270707873696e5d7b757b7c337a726b"><span class="__cf_email__" data-cfemail="96c4f3f1d5f9fbfbf3f8e2e5d6f0fef0f7b8f1f9e0">[email protected]</span></a> to ensure timely receipt by FHFA. 
Please include ``Comments/No. 2018-N-09,'' in the subject line of the 
message.
    <bullet> 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.
    <bullet> 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, 
<a href="/cdn-cgi/l/email-protection#6212100b1403011b22040a04034c050d14"><span class="__cf_email__" data-cfemail="78080a110e191b01381e101e19561f170e">[email protected]</span></a> or (202) 649-3803, or David A. Lee, Senior Agency 
Official for Privacy, <a href="/cdn-cgi/l/email-protection#a5d5d7ccd3c4c6dce5c3cdc3c48bc2cad3"><span class="__cf_email__" data-cfemail="28585a415e494b51684e404e49064f475e">[email protected]</span></a> 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 <a href="/cdn-cgi/l/email-protection#b6c6c4dfc0d7d5cff6d0ded0d798d1d9c0"><span class="__cf_email__" data-cfemail="aededcc7d8cfcdd7eec8c6c8cf80c9c1d8">[email protected]</span></a> 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 <a href="/cdn-cgi/l/email-protection#d9a9abb0afb8baa099bfb1bfb8f7beb6af"><span class="__cf_email__" data-cfemail="2c5c5e455a4d4f556c4a444a4d024b435a">[email protected]</span></a> 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 
<a href="/cdn-cgi/l/email-protection#4636342f3027253f06202e202768212930"><span class="__cf_email__" data-cfemail="83f3f1eaf5e2e0fac3e5ebe5e2ade4ecf5">[email protected]</span></a> 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


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