Privacy Act of 1974; System of Records
Primary source
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Issuing agencies
Abstract
Pursuant to the provisions of the Privacy Act of 1974, as amended, the Department of the Housing and Urban Development (HUD), Office of the Chief Human Capital Officer (OCHCO) is issuing a public notice of its intent to establish a Privacy Act system of records titled "Student Loan Repayment Program. The purpose of this system of records is to allow HUD to collect and maintain records on employees and job candidates who are being considered for student loan repayment benefits under the Department's Policy 550.2 Chg. 1, Chapter 4--Pay Administration Handbook, entitled "Repayment of Student Loans," as well as individuals who have been approved for and are receiving such benefits.
Full Text
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<title>Federal Register, Volume 87 Issue 141 (Monday, July 25, 2022)</title>
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[Federal Register Volume 87, Number 141 (Monday, July 25, 2022)]
[Notices]
[Pages 44143-44145]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2022-15799]
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DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT
[Docket No. FR-7062-N-10]
Privacy Act of 1974; System of Records
AGENCY: Office of the Chief Human Capital Officer, HUD.
ACTION: Notice of a new system of records.
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SUMMARY: Pursuant to the provisions of the Privacy Act of 1974, as
amended, the Department of the Housing and Urban Development (HUD),
Office of the Chief Human Capital Officer (OCHCO) is issuing a public
notice of its intent to establish a Privacy Act system of records
titled ``Student Loan Repayment Program. The purpose of this system of
records is to allow HUD to collect and maintain records on employees
and job candidates who are being considered for student loan repayment
benefits under the Department's Policy 550.2 Chg. 1, Chapter 4--Pay
Administration Handbook, entitled ``Repayment of Student Loans,'' as
well as individuals who have been approved for and are receiving such
benefits.
DATES: Comments will be accepted on or before August 24, 2022. This
proposed action will be effective on the date following the end of the
comment period unless comments are received which result in a contrary
determination.
ADDRESSES: You may submit comments by one of the following methods:
Federal e-Rulemaking Portal: <a href="http://www.regulations.gov">http://www.regulations.gov</a>. Follow the
instructions provided on that site to submit comments electronically.
Fax: 202-619-8365.
Email: <a href="/cdn-cgi/l/email-protection#176060603967657e6176746e577f627339707861"><span class="__cf_email__" data-cfemail="5a2d2d2d742a28332c3b39231a322f3e743d352c">[email protected]</span></a>.
Mail: Attention: Privacy Office; LaDonne White, Chief Privacy
Officer, The Executive Secretariat, 451 Seventh Street SW, Room 10139;
Washington, DC 20410-0001.
Instructions: All submissions received must include the agency name
and docket number for this rulemaking. All comments received will be
posted without change to <a href="http://www.regulations.gov">http://www.regulations.gov</a>. including any
personal information provided.
Docket: For access to the docket to read background documents or
comments received go to <a href="http://www.regulations.gov">http://www.regulations.gov</a>.
FOR FURTHER INFORMATION CONTACT: LaDonne White; 451 Seventh Street SW,
Room 10139; Washington, DC 20410-0001; telephone number 202-708-3054
(this is not a toll-free number). Individuals who are hearing- or
speech-impaired may access this telephone number via TTY by calling the
Federal Relay Service at 800-877-8339 (this is a toll-free number).
SUPPLEMENTARY INFORMATION: HUD Student Loan Repayment Program (SLRP) is
a popular tool used by the Department to attract or retain highly or
uniquely qualified candidates into mission-critical positions and
retain highly qualified employees in critical positions. If the
employee is likely to leave for employment outside of the federal
sector and the employee's departure would affect the agency's ability
to carry out an activity or perform a function that is deemed essential
to the accomplishment of a strategic goal and/or objective, the
Department may agree to repay the lender (on behalf of the employee,
all, or part of any outstanding federally insured student loan(s). The
operation of this program is contingent upon the availability of
funds.The SLRP is offered on an annual basis to all HUD employees
through the Department's SharePoint site. Prior to the opening of the
annual SLRP, all HUD employees are notified via email a ``Save the
Date'' notification message; an electronic posting is uploaded on the
Department's HUD@Work website and poster boards are posted throughout
the building. When applying, employees are encouraged to adhere to
established timelines for consideration.
SYSTEM NAME AND NUMBER:
Student Loan Repayment Program, HUD/OCHCO-02.
SECURITY CLASSIFICATION:
Unclassified.
[[Page 44144]]
SYSTEM LOCATION:
Records are maintained at the following locations: U.S. Department
of Housing and Urban Development Headquarters location, 451 7th Street
SW, Washington, DC 20410-0001.
SYSTEM MANAGER(S):
Director, Human Capital Information System Division (HCISD), Robyn
R. Johnson, Office of the Chief Human Capital Officer (OCHCO), Office
of 451 Seventh Street SW, Washington, DC 20410-0001.
AUTHORITY FOR MAINTENANCE OF THE SYSTEM:
The Floyd D. Spence National Defense Authorization Act of Fiscal
Year 2001 (Pub. L. 106-398); 5 U.S.C. 5379, as amended, and
implementing regulations at 5 CFR part 537.
PURPOSE(S) OF THE SYSTEM:
The purpose of this system is to allow HUD to collect and maintain
records on employees requesting or receiving repayment on qualified
student loans. Another purpose of this system is to monitor, process,
track and report the processing of approved student loan benefits while
ensuring compliance with applicable laws and regulations, including
confidentiality requirements protecting information individuals submit
in support of student loan repayment requests.
CATEGORIES OF INDIVIDUALS COVERED BY THE SYSTEM:
Current and former HUD employees.
CATEGORIES OF RECORDS IN THE SYSTEM:
Full Name, home and work addresses, home and work telephone
numbers, education records, student loan applications, account numbers,
loan balance, repayment schedule, repayment history, repayment status;
email addresses, loan holders' name, loan holders' addresses, lender
verification letters and service agreements.
RECORD SOURCE CATEGORIES:
Individuals and Loan lenders.
ROUTINE USES OF RECORDS MAINTAINED IN THE SYSTEM, INCLUDING CATEGORIES
OF USERS AND PURPOSES OF SUCH USES:
1. 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.
2. To contractors, grantees, experts, consultants, Federal
agencies, and non-Federal entities, including, but not limited to,
State and local governments and other research institutions or their
parties, and entities and their agents with whom HUD has a contract,
service agreement, grant, cooperative agreement, or other agreement,
for the purposes of statistical analysis and research in support of
program operations, management, performance monitoring, evaluation,
risk management, and policy development, or to otherwise support the
Department's mission.
3. To contractors, grantees, experts, consultants and their agents,
or others performing or working under a contract, service, grant, or
cooperative agreement with HUD or under contract to another agency when
necessary to accomplish an agency function related to a system of
records. Disclosure requirements are limited to only those data
elements considered relevant to accomplishing an agency function.
4. To appropriate agencies, entities, and persons when: (I) HUD
suspects or has confirmed that there has been a breach of the system of
records; (II) HUD has determined that as a result of the suspected or
confirmed breach there is a risk of harm to individuals, HUD (including
its information systems, programs, and operations), the Federal
Government, or national security; and (III) The disclosure made to such
agencies, entities, and persons is reasonably necessary to assist in
connection with HUD's efforts to respond to the suspected or confirmed
breach or to prevent, minimize, or remedy such harm.
5. To another Federal agency or Federal entity, when HUD determines
that information from this system of records is reasonably necessary to
assist the recipient agency or entity in (I) responding to a suspected
or confirmed breach or (II) 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.
6. To appropriate Federal, State, local, tribal, or other
governmental agencies or multilateral governmental organizations
responsible for investigating or prosecuting the violations of, or for
enforcing or implementing, a statute, rule, regulation, order, or
license, where HUD determines that the information would assist in the
enforcement of civil or criminal laws and when such records, either
alone or in conjunction with other information, indicate a violation or
potential violation of law.
7. To a court, magistrate, administrative tribunal, or arbitrator
while presenting evidence, including disclosures to opposing counsel or
witnesses in the course of civil discovery, litigation, mediation, or
settlement negotiations; or in connection with criminal law
proceedings; when HUD determines that use of such records is relevant
and necessary to the litigation and when any of the following is a
party to the litigation or have an interest in such litigation: (1)
HUD, or any component thereof; or (2) any HUD employee in his or her
official capacity; or (3) any HUD employee in his or her individual
capacity where HUD has agreed to represent the employee; or (4) the
United States, or any agency thereof, where HUD determines that
litigation is likely to affect HUD or any of its components.
8. To any component of the Department of Justice or other Federal
agency conducting litigation or in proceedings before any court,
adjudicative, or administrative body, when HUD determines that the use
of such records is relevant and necessary to the litigation and when
any of the following is a party to the litigation or have an interest
in such litigation: (1) HUD, or any component thereof; or (2) any HUD
employee in his or her official capacity; or (3) any HUD employee in
his or her individual capacity where the Department of Justice or
agency conducting the litigation has agreed to represent the employee;
or (4) the United States, or any agency thereof, where HUD determines
that litigation is likely to affect HUD or any of its components.
9. To officials of labor organizations recognized under the Civil
Service Reform Act when relevant and necessary to their duties of
exclusive representation concerning personnel policies, practices, and
matters affecting work conditions.
10. To the Office of Personnel Management (OPM), the Merit Systems
Protection Board (and its office of the Special Counsel), the Federal
Labor Relations Authority (and its General Counsel), or the Equal
Employment Opportunity Commission when requested in performance of
their authorized duties of exclusive representation concerning
personnel policies, practices, and matters affecting work conditions.
POLICIES AND PRACTICES FOR STORAGE OF RECORDS:
Electronic and Paper records.
POLICIES AND PRACTICES FOR RETRIEVAL OF RECORDS:
Full name and HUD identification number.
[[Page 44145]]
POLICIES AND PRACTICIES FOR RETENTION AND DISPOSAL OF RECORDS:
Destroy 3 years after date of approval, completion of service
agreement, or termination of incentive or differential payment,
whichever is later, but longer retention is authorized if required for
business use.
ADMINISTRATIVE, TECHNICAL, AND PHYSICAL SAFEGUARDS:
For Paper Records: Comprehensive paper records are kept in locked
metal file cabinets in locked rooms in HUD Headquarters, in the Office
of Policy, which is the office responsible for the Student Loan
Repayment Program. Access to these records is limited to only those
persons who have a need for them in the performance of their official
duties. All physical access to the building where the system of records
is maintained is controlled and monitored by security personnel who
perform security checks on a routine basis.
For Electronic Records: Comprehensive electronic records are
maintained and stored in an electronic encryption database system.
These records can only be access based off the user's rights and
privileges to the system. Electronic records are stored on the
SharePoint ``online'', D110 Microsoft Office 365 Multi-Tenant Software
(MS O365 MT) environment, which runs on the Department's network (HUD).
This environment complies with the security and privacy controls and
procedures as described in the Federal Information Security Management
Act (FISMA), National Institute of Standards and Technology (NIST)
Special Publications, and Federal; Information Processing Standards
(FIPS). A valid HSPD-12 ID Credential, access to HUD's LAN, a valid
UserID and Password and a Personalized Identification Number (PIN) is
required to access the Student Loan Repayment Program. These records
are restricted to only those persons with a role in the Student Loan
Repayment Program, having a need to access them in the performance of
their official duties.
For Electronic Records (cloud based): Comprehensive electronic
records are secured and maintained on a cloud-based software server and
operating system that resides in Federal Risk and Authorization
Management Program (FedRAMP) and Federal Information Security
Management Act (FISMA) Moderate dedicated hosting environment. All data
located in the cloud-based server is firewalled and encrypted at rest
and in transit. The security mechanisms for handing data at rest and in
transit are in accordance with HUD encryption standards.
RECORD ACCESS PROCEDURES:
Individuals seeking notification of and access to their records in
this system of records may submit a request in writing to the
Department of Housing and Urban Development, Attn: FOIA Program Office,
451 7th Street SW, Suite 10139, Washington, DC 20410-0001, or by
emailing <a href="/cdn-cgi/l/email-protection#8aece5e3ebcae2ffeea4ede5fc"><span class="__cf_email__" data-cfemail="6a0c05030b2a021f0e440d051c">[email protected]</span></a>. Individuals must furnish the following
information for their records to be located:
1. Full name.
2. Signature.
3. The reason why the individual believes this system contains
information about him/her.
4. The address to which the information should be sent.
CONTESTING RECORD PROCEDURES:
Same as the Notification Procedures below.
NOTIFICATION PROCEDURES:
Any person wanting to know whether this system of records contains
information about him or her should contact the System Manager. Such
person should provide his or her full name, position title and office
location at the time the accommodation was requested, and a mailing
address to which a response is to be sent.
EXEMPTIONS PROMULGATED FOR THE SYSTEM:
N/A.
HISTORY:
N/A.
LaDonne White,
Senior Agency Official for Privacy, Office of Chief, Human Capital
Officer.
[FR Doc. 2022-15799 Filed 7-22-22; 8:45 am]
BILLING CODE 4210-67-P
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</html>This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.