Notice2023-24511
Privacy Act of 1974; System of Records
Primary source
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Published
November 7, 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, Performance Review Board Tool (PRBT). The purpose of PRBT is to implement and improve HUD's system of collecting and maintaining records for employee's performance plans reviewed by the Performance Review Board(s), i.e., rating recommendations and rating change comments and feedback in accordance with regulations and the agencies Senior Executive Service (SES) and Senior Level (SL) Performance Program Policy.
Full Text
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<title>Federal Register, Volume 88 Issue 214 (Tuesday, November 7, 2023)</title>
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[Federal Register Volume 88, Number 214 (Tuesday, November 7, 2023)]
[Notices]
[Pages 76840-76842]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2023-24511]
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DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT
[Docket No. FR-7077-N-24]
Privacy Act of 1974; System of Records
AGENCY: Office of Chief Human Capital Officer, 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, Performance Review Board Tool (PRBT). The purpose of PRBT is to
implement and improve HUD's system of collecting and maintaining
records for employee's performance plans reviewed by the Performance
Review Board(s), i.e., rating recommendations and rating change
comments and feedback in accordance with regulations and the agencies
Senior Executive Service (SES) and Senior Level (SL) Performance
Program Policy.
DATES: Comments will be accepted on or before December 7, 2023. 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, identified by docket number or 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#89fefefea7f9fbe0ffe8eaf0c9e1fceda7eee6ff"><span class="__cf_email__" data-cfemail="077070702977756e7166647e476f726329606871">[email protected]</span></a>.
Mail: Attention: Privacy Office; LaDonne White, Chief Privacy
Officer; Office of 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 Performance Review Board Tool (PRBT) is
used by HUD to effectively manage the executive performance program,
ensure we are compliant with regulatory requirements, and to improve
confidentiality. The Tool will improve the program and organizational
requirement, provide the mechanism for compiling current and historical
analytical data, and let the agency to efficiently conduct and manage
the Performance Review Board's reviews and data, under the agency's
Executive Performance Policies. The Tool will also allow for bi-annual
mid-year performance reviews.
SYSTEM NAME AND NUMBER:
Performance Review Board Tool, HUD/OCHCO-05.
SECURITY CLASSIFICATION:
Unclassified.
[[Page 76841]]
SYSTEM LOCATION:
Records are maintained at the following locations: U.S. Department
of Housing and Urban Development Headquarters at 451 7th Street SW,
Washington, DC 20410-0001.
SYSTEM MANAGER(S):
Bessie L. Williams, Office of Executive Resource, Office of the
Chief Human Capital Officer (OCHCO), Office of 451 Seventh Street SW,
Room 2184, Washington, DC 20410-0001. Phone: (202) 402-3036.
AUTHORITY FOR MAINTENANCE OF THE SYSTEM:
Title 5, Code of Federal Regulations, 430.313)--Training and
valuation.
PURPOSES OF THE SYSTEM:
This system lets the Office of Executive Resources efficiently
manage the Performance Review Board(s) (PRB) process. Another purpose
for this system is to provide a mechanism for the recording and storing
of annual performance plans, reviews, rating recommendations, and
feedback in accordance with HUD Senior Executive Service (SES) and
Senior Level (SL) Performance Program Policy.
CATEGORIES OF INDIVIDUALS COVERED BY THE SYSTEM:
HUD Employees.
CATEGORIES OF RECORDS IN THE SYSTEM:
Employment Status, Name, Program Office, and Appointment Type.
RECORD SOURCE CATEGORIES:
Enterprise Talent Management System (InCompass).
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 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 parties, and entities and their
agents with whom HUD has an agreement, service agreement, or grant for
the purposes of historical analysis such as: other pertinent and
relative information, in support of program operations, management,
performance monitoring, evaluation, 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 agreement,
grant, cooperative agreement, or other 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 (1) HUD
suspects or has confirmed that there has been a breach of the system of
records,[middot] (2) HUD has determined that as a result of the
suspected or confirmed breach there is a risk of harm to individuals,
[the agency] (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 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 [the agency]
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.
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. Records may only be disclosed upon a
showing by the requester that the information is pertinent to the
investigation.
7. To any component of the Department of Justice or other Federal
agency conducting litigation or in proceedings before any court,
adjudicative, or administrative body, and to another party before such
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.
8. To officials of labor organizations recognized under 5 U.S.C.
chapter 71 when relevant and necessary to their duties of exclusive
representation concerning personnel policies, practices, and matters
affecting conditions of employment.
9. 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.
10. To the National Archives and Records Administration, Office of
Government Information Services (OGIS), to the extent necessary to
fulfill its responsibilities in 5 U.S.C. 552(h), to review
administrative agency policies, procedures and compliance with the
Freedom of Information Act (FOIA), and to facilitate OGIS' offering of
mediation services to resolve disputes between persons making FOIA
requests and administrative agencies.
11. To a court, magistrate, administrative tribunal, or arbitrator
in the course of 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.
POLICIES AND PRACTICES FOR STORAGE OF RECORDS:
Electronic records.
[[Page 76842]]
POLICIES AND PRACTICES FOR RETRIEVAL OF RECORDS:
Full Name.
POLICIES AND PRACTICIES FOR RETENTION AND DISPOSAL OF RECORDS:
General Records Schedule (GRS) 2.2 Employee Management Records, and
GRS 070 & 071, Acceptable & Unacceptable records, Disposition authority
Numbers: DAA-GRS2017-0007-0008 & DAA-GRS 2017-007-009. GRS 070--
Temporary, destroy no sooner than 4 years after date of appraisal, but
longer retention is authorized if required for business use. GRS 071 --
Temporary, destroy after employee completes 1 year of acceptable
performance from the date of written advance notice of proposed removal
or reduction-in-grade notice. This disposition instruction is
mandatory; deviations are not allowed.
ADMINISTRATIVE, TECHNICAL, AND PHYSICAL SAFEGUARDS:
For Electronic Records: Records are maintained and stored on the
SharePoint environment, which runs on HUD's network. These records can
only be accessed based off the user's rights and privileges to the
system. Records are on an encrypted database system. 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 Local Area Network (LAN),
a valid User ID and Password and a Personalized Identification Number
(PIN) is required to access the records. These records are restricted
to only those people with a role in the PRB Process having a need to
access them in the performance of their official duties.
For Electronic Records (cloud based): 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 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 requesting records of themselves should address written
inquiries to the Department of Housing Urban and Development 451 7th
Street SW, Washington, DC 20410-0001. For verification, individuals
should provide their 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.
CONTESTING RECORD PROCEDURES:
The HUD rule for contesting the content of any record pertaining to
the individual by the individual concerned is published in 24 CFR 16.8
or may be obtained from the system manager.
NOTIFICATION PROCEDURES:
Individuals requesting notification of records of themselves should
address written inquiries to the Department of Housing Urban
Development, 451 7th Street SW, Washington, DC 20410-0001. For
verification purposes, individuals should provide their full name,
office or organization where assigned, if applicable, and 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.
EXEMPTIONS PROMULGATED FOR THE SYSTEM:
N/A
HISTORY:
N/A.
LaDonne White,
Chief Privacy Officer, Office of Administration.
[FR Doc. 2023-24511 Filed 11-6-23; 8:45 am]
BILLING CODE 4210-67-P
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</html>Indexed from Federal Register on November 7, 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.