[Federal Register Volume 77, Number 110 (Thursday, June 7, 2012)]
[Notices]
[Pages 33761-33763]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2012-13776]


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DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT

[Docket No. FR-5613-N-04]


Privacy Act of 1974; Notification to Update an Existing Privacy 
Act System of Records, ``Grievance Records''

AGENCY: Office of the Chief Information Officer, HUD.

ACTION: Notification Amend an Existing System of Records.

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SUMMARY: The U.S. Department of Housing and Urban Development is 
proposing to amend the system notice for, ``Grievance Records,'' to 
update the number of the system, to more accurately reflect its 
Department-wide scope of records collected by the systems, additional 
system disclosures and the addresses of the system locations and system 
managers to reflect changes that have occurred since the notice was 
last published. Accordingly, HUD proposes to amend the ``HUD-66: 
Grievance Records,'' system notice to read as follows. Nothing in the 
revised system notices indicates a change in authorities or practices 
regarding the collection and maintenance of information. Nor do the 
changes impact individuals' rights to access or amend their records in 
the systems of records. This notice deletes and supersedes notice 
previously published on September 11, 1980 at 45 FR 27973.

DATES: Effective Date: This proposal shall become effective, without 
further notice, July 9, 2012, unless comments are received during or 
before this period

[[Page 33762]]

which would result in a contrary determination.
    Comments Due Date: July 9, 2012.

ADDRESSES: Interested persons are invited to submit comments regarding 
this notice to the Rules Docket Clerk, Office of General Counsel, 
Department of Housing and Urban Development, 451 Seventh Street SW., 
Room 10276, Washington, DC 20410. Communications should refer to the 
above docket number and title. Fax comments are not acceptable. A copy 
of each communication submitted will be available for public inspection 
and copying between 8:00 a.m. and 5:00 p.m., weekdays at the above 
address.

FOR FURTHER INFORMATION CONTACT: For Privacy Act inquiries contact 
Donna Robinson-Staton, Chief Privacy Officer, Department of Housing and 
Urban Development, 451 Seventh Street SW., Washington, DC 20410, 
telephone number (202) 402-8087. Regarding records maintained in 
Washington, DC 20410 contact the Director, Employee and Labor Relations 
Division, Office of Chief Human Capital Officer (OCHCO), Department of 
Housing and Urban Development, 451 Seventh Street SW., Washington, DC 
20410. [The above are not toll free numbers.] A telecommunications 
device for hearing- and speech-impaired persons (TTY) is available at 
1-800-877-8339 (Federal Information Relay Services).

SUPPLEMENTARY INFORMATION: Title 5 U.S.C. 552a(e)(4) and (11) provides 
that the public be afforded a 30-day period in which to comment on the 
amended record system. The system report was submitted to the Office of 
Management and Budget (OMB), the Senate Committee on Homeland Security 
and Governmental Affairs and the House Committee on Government Reform 
pursuant to Paragraph 4c of Appendix l to OMB Circular No. A-130, 
``Federal Agencies Responsibilities for Maintaining Records About 
Individuals,'' dated July 25, 1993 (58 FR 36075, July 2, 1993).

    Authority: 5 U.S.C. 552a; 88 Stat. 1896; 42 U.S.C. 3535(d).

    Dated: May 24, 2012.
Kevin R. Cooke,
Deputy Chief Information Officer.
HUD/OCHCO.01

System name:
    Grievance Records.

System location:
    The files are maintained at the following locations: U.S. 
Department of Housing and Urban Development Headquarters location, 451 
7th Street SW., Washington, DC 20410; and HUD field offices located in 
the following cities: Washington, DC; Boston, MA; New York, NY; 
Philadelphia, PA; Chicago, IL; Atlanta, GA; Fort Worth, TX; Denver, CO; 
Seattle, WA; San Francisco, CA; and Los Angeles, CA. (See also on HUD's 
privacy Web site, Appendix II for the addresses of the above Field 
Offices where Privacy Act records may in some cases be maintained or 
accessed).

Categories of individuals covered by the system:
    Current or former HUD employees who have submitted grievances in 
accordance with part 771 of OPM regulations (5 CFR part 771), HUD 
regulations, or a negotiated procedure.

Categories of records in the system:
    The system contains records relating to internal grievances filed 
by agency employees with any part of the Department. These case files 
contain all documents related to the grievance, including, but not 
limited to statements of witnesses, reports of interviews and hearings, 
examiner's findings and recommendations, a copy of the original and 
final decision, and related correspondence and exhibits. This system 
includes copies of files and records of internal grievance and 
arbitration systems that HUD may establish through negotiations with 
recognized labor organizations. This system also includes, contact 
information, on HUD employees responsible for processing grievance 
requests, such as position/job title, org code, office phone number and 
work email address and work address, and office stop. Additional 
records will include any other contact information for witnesses, 
interviewers, examiners and employee representatives of the grievant. 
HUD captures a unique non-indentifying piece of information called, a 
grievance control number. The only personal information collected on 
the above people would be their name. Other identifying information is 
dependent upon the specific nature of the topic being grieved and may 
involve the collection of personal data from the grievant.

Authority for maintenance of the system:
    5 U.S.C. 1302, 3301, 3302, E.O. 10577, 3 CFR part 1954-1958 Comp., 
p. 218, EO 10987, 3 CFR parts 1959-1963 Comp., p. 519.

Routine uses of records maintained in the system, including categories 
of users and the purposes of such uses: These records and information 
in these records may be used:
    Records in the system will be disclosed as follows. In addition to 
those disclosures generally permitted under 5 U.S.C. 552a (b) of the 
Privacy Act other routine uses include:
    1. To a congressional office from the record of an individual in 
response to an inquiry from that congressional office made at the 
request of that individual.
    2. To the National Archives and Records Administration in records 
management inspections conducted under authority of 44 U.S.C. 2004 and 
2908.
    3. To the Department of Justice (DOJ) when seeking legal advice or 
for use in any proceeding, or in preparation for any proceeding, when 
HUD or any component thereof disclose information to DOJ during the 
course of an investigation to the extent necessary to obtain 
information pertinent to the investigation under applicable HUD 
administered Rental Housing Assistance Programs.
    4. To HUD contractors for the purpose of conducting oversight and 
monitoring of program operations to determine compliance with 
applicable laws and regulations, and reporting requirements relevant to 
this system of records. Individuals provided information under this 
routine use is subject to Privacy Act requirement and limitation on 
disclosures as are applicable to HUD officials and employees.
    5. To the appropriate Federal, State, or local agency responsible 
for investigating, prosecuting, enforcing, or implementing a statute, 
rule, regulation, or order, where the disclosing agency becomes aware 
of an indication of a violation or potential violation of civil or 
criminal law or regulation.
    6. To any individual (in the course of processing a grievance) from 
which additional information is relevant to the adjudication and/or the 
course of processing a grievance, to the extent necessary to identify 
the individual, inform the individual of the purpose(s) of the request 
for the information and to identify the type of information requested. 
This routine use is compatible to the purpose because it is necessary 
to disclose information that is appropriate for proper performance of 
the official duties of the officer making the disclosure.
    7. To Federal agency in response to its request, in connection with 
the hiring or retention of an employee, the issuance of a security 
clearance, the conducting of a security or suitability investigation

[[Page 33763]]

of an individual, the classifying of jobs, the letting of a contract, 
or the issuance of a license, grant, or other benefit by the requesting 
agency, to the extent that the information is relevant and necessary to 
requesting the agency's decision on the matter.
    8. To a court when the Government is party to a judicial proceeding 
before the court.
    9. To any individual's in the form of summary descriptive 
statistics and analytical studies in support of the function for which 
the records are collected and maintained, or for related work force 
studies. (Note: While published statistics and studies do not contain 
individual identifiers, in some instances the selection of elements of 
data included in the study may be structured in such a way as to make 
the data individually identifiable by inference.)
    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.
    11. To a request for discovery or for appearance of a witness, 
information that is relevant to the subject matter involved in a 
pending judicial or administrative proceeding.
    12. 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.
    13. To appropriate agencies, entities, and persons when: (a) HUD 
suspects or has confirmed that the security or confidentiality of 
information in a system of records has been compromised; (b) HUD has 
determined that as a result of the suspected or confirmed compromise 
there is a risk of harm to economic or property interests, identity 
theft or fraud, or harm to the security or integrity of systems or 
programs (whether maintained by HUD or another agency or entity) that 
rely upon the compromised information; and (c) 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 compromise and prevent, minimize, or remedy such harm for 
purposes of facilitating responses and remediation efforts in the event 
of a data breach. (See also on HUD's privacy Web site, Appendix I for 
other ways that the Privacy Act permits HUD to use or disclose system 
records outside the agency).

Policies and practices for storing, retrieving, accessing, retaining, 
and disposing of records in the system:
Storage:
    These records are currently maintained in hardcopy file folders. 
There is currently no electronic storage of any grievance records.

Retrievability:
    These hardcopy file records are retrieved by the names of the 
individuals on whom they are maintained.

Safeguards:
    Currently, these hardcopy file records are maintained in locked 
metal filing cabinets to which only authorized personnel have access. 
There are no current electronically stored file folders.

Retention and disposal:
    These hardcopy file records are disposed of 3 years after closing 
of the case. Disposal is by shredding or burning. See OCHCO Handbook 
2225.6, Rev-1, CHG-23, Appendix 3, ``Records Disposition Schedule 3'', 
Item 8-1, dated July 1996.

System manager(s) and address:
    Director, Employee and Labor Relations Division, Office of Chief 
Human Capital Officer (OCHCO), Department of Housing and Urban 
Development, 451 Seventh Street SW., Washington, DC 20410.

Notification procedure:
    Individuals seeking to determine whether this system of records 
contains information about them, or those seeking access to such 
records, should address inquiries to, Chief Privacy Officer, Department 
of Housing and Urban Development, 451 Seventh Street SW., Room 4156, 
Washington, DC 20410. Provide verification of your identity by 
providing two proofs of identification. Your verification of identity 
must include your original signature and must be notarized.

Record access procedures:
    It is required that individuals submitting grievances be provided a 
copy of the record under the grievance process. However, after the 
action has been closed an individual may request access to the official 
copy of the grievance file. The Department's rules for providing access 
to records to the individual concerned appear in 24 CFR part 16. If 
additional information or assistance is required, contact the Privacy 
Officer at the appropriate location.

Contesting record procedures:
    Review of requests from individuals seeking amendment of their 
records which have been the subject of a judicial or quasi-judicial 
action will be limited in scope. Review of amendment requests of these 
records will be restricted to determining if the record accurately 
documents the action of the agency ruling on the case, and will not 
include a review of the merits of the action, determination, or 
finding. The Department's rules for contesting the contents of records 
and appealing initial denials by the individual concerned appear in 24 
CFR part 16.

(i) Contesting content of records:
    The Chief Privacy Officer, Department of Housing and Urban 
Development; 451 Seventh Street SW., Room 4156, Washington, DC 20410, 
if contesting the content of records; or

(ii) Appeals of initial HUD determinations:
    The Departmental Privacy Appeals Office, Office of the General 
Counsel, Department of Housing and Urban Development, 451 Seventh 
Street SW., Washington DC 20410 for in relation to appeals of initial 
denials,

Record source categories:
    Information in this system of records is provided:
    Records source are individuals who file a grievance; by testimony 
of witnesses, by agency officials, grievance examiners, and/or 
arbitrators, and by related correspondence from organizations or 
persons.

Exemptions from Certain Provision of the Act:
    None.
[FR Doc. 2012-13776 Filed 6-6-12; 8:45 am]
BILLING CODE 4210-67-P