Notice2023-04829
Privacy Act of 1974; System of Records
Primary source
Metadata and text below are from the Federal Register, a public-domain U.S. government work. Always verify the official published version before relying on it for any legal matter.
Published
March 9, 2023
Issuing agencies
Housing and Urban Development Department
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 "Hardship Reassignment". The purpose of this system of records is to allow HUD to collect and maintain records on individuals requesting a reassignment due to a hardship.
Full Text
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<title>Federal Register, Volume 88 Issue 46 (Thursday, March 9, 2023)</title>
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[Federal Register Volume 88, Number 46 (Thursday, March 9, 2023)]
[Notices]
[Pages 14637-14639]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2023-04829]
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DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT
[Docket No. FR-7077-N-04]
Privacy Act of 1974; System of Records
AGENCY: Office of Administration, 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 ``Hardship Reassignment''. The purpose of this system of records
is to allow HUD to collect and maintain records on individuals
requesting a reassignment due to a hardship.
DATES: Comments will be accepted on or before April 10, 2023. This
proposed action will be effective immediately upon publication. Routine
uses will become 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, identified by docket number or by
one of the following method--Docket Number not yet identified.
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#daadadadf4aaa8b3acbbb9a39ab2afbef4bdb5ac"><span class="__cf_email__" data-cfemail="651212124b15170c1304061c250d10014b020a13">[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). HUD welcomes and is prepared to
receive calls from individuals who are deaf or hard of hearing, as well
as individuals with speech or communication disabilities. To learn more
about how to make an accessible telephone call, please visit <a href="https://www.fcc.gov/consumers/guides/telecommunications-relay-service-trs">https://www.fcc.gov/consumers/guides/telecommunications-relay-service-trs</a>.
SUPPLEMENTARY INFORMATION: The new system of records titled, ``Hardship
Reassignment Program.'' This system of records covers HUD's collection
and maintenance of records on individuals who request and/or receive a
reassignment, due to a hardship; in accordance with 5 CFR 335.102, 5
CFR 302.102(a), and 5 CFR 210.102(b)(12) and HUD's Hardship
Reassignment Policy and Procedures Handbook (560.1). These procedures
are intended to accommodate, if possible, an employee's request to
permanently relocate due to family difficulties. These procedures do
not impede the program office's ability to make employee assignments.
Additionally, this policy does not require program offices (or
selecting officials) to place employees in vacant positions solely
based on a hardship. The filling of vacant positions is always at
management's discretion.
SYSTEM NAME AND NUMBER:
Hardship Reassignment Program, HUD/OCHCO-04.
SECURITY CLASSIFICATION:
Unclassified.
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):
Sophia Spadacino, Acting Branch Chief, Office of the Chief Human
Capital Officer (OCHCO), Employee Health and Wellness Division (EHWD),
Reasonable Accommodation Branch (RAB), 451 Seventh Street SW,
Washington, DC 20410-0001.
AUTHORITY FOR MAINTENANCE OF THE SYSTEM:
The following legal authority (statute section, Executive Order,
etc.) authorizes the maintenance of the records in the system: 5 CFR
335.102, 5 CFR 302.102(a), and 5 CFR 210.102(b)(12) and HUD's Hardship
Reassignment Policy and Procedures Handbook (650.1).
PURPOSES OF THE SYSTEM:
The purpose of this system is to allow HUD to collect and maintain
records on employees requesting or receiving a relocation due to a
hardship, while documenting such determinations to otherwise comply
with mandates and Executive Orders. Other purposes for the use of this
system are to monitor, process, track and report the processing of
approved requests; to locate individuals for personnel research, and to
document security violations and supervisory actions taken.
Additionally, these records may be used to help streamline and make
more efficient the investigations and adjudications processes, while
ensuring compliance with applicable laws and regulations, including
confidentiality requirements protecting the information individuals
submit in support of their hardship reassignment request.
CATEGORIES OF INDIVIDUALS COVERED BY THE SYSTEM:
HUD employees.
CATEGORIES OF RECORDS IN THE SYSTEM:
Name, home address, email address, home telephone numbers, office
telephone numbers, work address, employment status, history, salary
employee location, grade preference, family information such as medical
records to include disability information.
RECORD SOURCE CATEGORIES:
HUD Employees.
ROUTINE USES OF RECORDS MAINTAINED IN THE SYSTEM, INCLUDING CATEGORIES
OF USERS AND PURPOSES OF SUCH USES:
A. 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.
B. To appropriate agencies, entities, and persons when: (1) HUD
suspects or has confirmed that there has been a breach of the system of
records; (2) 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, program 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 HUD's efforts to respond to the suspected or confirmed
breach or to prevent, minimize, or remedy such harm.
C. 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 (1)
[[Page 14638]]
responding to 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.
D. 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.
E. 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.
F. 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.
G. 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 Records and Paper records.
POLICIES AND PRACTICES FOR RETRIEVAL OF RECORDS:
Records are retrievable by Full name.
POLICIES AND PRACTICIES FOR RETENTION AND DISPOSAL OF RECORDS:
Destroy upon verification of successful creation of the final
document or file, or when no longer needed for business use, whichever
is later. NARA records schedule citation: DAA-GSR-2017-0003-0002
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
Reasonable Accommodations Branch, which is the office responsible for
the Hardship Reassignment. 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 accessed based off the user's rights and
privileges to the system. Electronic records are stored on the Shared
Drive under P209 HUD LAN File Server environment, which runs on the
Department's network. 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 Hardship
Reassignment Program. These records are restricted to only those
persons with a role in the Reasonable Accommodations Branch, 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 to determine whether this System of Records
contains information on themselves should address written inquiries to
the Department of Housing Urban and Development, 451 7th Street SW,
Washington, DC. For verification, individuals should provide full name,
current address, and telephone number. In addition, the requester must
provide either a notarized statement or an unsworn declaration made
under 24 CFR 16.4 in the following format:
If executed outside the United States: ``I declare (or certify,
verify, or state) under penalty of perjury under the laws of the United
States of America that the foregoing is true and correct. Executed on
(date). (Signature).'' If executed within the United States, its
territories, possessions, or commonwealths: ``I declare (or certify,
verify, or state) under penalty of perjury that the foregoing is true
and correct. Executed on (date). (Signature).'' More information
regarding HUD's procedures for accessing records in accordance with the
Privacy Act can be found at 24 CFR 16.4, ``Protection of Privacy and
Access to Individual Records Under the Privacy Act of 1974.''
CONTESTING RECORD PROCEDURES:
The HUD rule for accessing, contesting, and appealing agency
determinations by the individual concerned are published in 24 CFR part
16.8 or may be obtained from the system manager.
NOTIFICATION PROCEDURES:
Individuals seeking to determine whether information about
themselves is contained in this system should address written inquiries
to the Department of Housing Urban Development Office of the Chief
Human Capital Officer, 451 7th Street SW, Washington, DC 20410-0001.
For verification purposes, individuals should provide full name, office
or organization where currently assigned, if applicable, and current
address and telephone number. In addition, the requester must provide
either a notarized statement or an unsworn declaration made in
accordance with 24 CFR part 16, in the following format:
If executed outside the United States: ``I declare (or certify,
verify, or state) under penalty of perjury under the laws of the United
States of America that the foregoing is true and correct. executed on
(Date). (Signature).''
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If executed within the United States, its territories, possessions,
or commonwealths: ``I declare (or certify, verify, or state) under
penalty of perjury that the foregoing is true and correct. executed on
(Date). (Signature).''
EXEMPTIONS PROMULGATED FOR THE SYSTEM:
N/A.
HISTORY:
N/A.
LaDonne White,
Chief Privacy Officer, Office of Administration.
[FR Doc. 2023-04829 Filed 3-8-23; 8:45 am]
BILLING CODE P
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</html>Indexed from Federal Register on March 9, 2023.
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.