[Federal Register Volume 87, Number 196 (Wednesday, October 12, 2022)]
[Notices]
[Pages 61621-61623]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2022-22104]


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DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT

[Docket No. FR-7062-N-17]


Privacy Act of 1974: System of Records

AGENCY: Office of Chief Human Capital Officer, HUD.

ACTION: Notice of a modified system of records.

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SUMMARY: Pursuant to the provisions of the Privacy Act of 1974, as 
amended, the Department of Housing and Urban Development (HUD), the 
Office of Chief Human Capital Officer (OCHCO), proposes to modify the 
records titled Personnel Security Integrated Tracking System (PerSIST). 
PerSIST is an enterprise personnel security case management system that 
automates activities associated with the tracking of personnel security 
investigations for HUD. The Department of Housing and Urban Development 
is issuing a public notice of its intent to modify the Personnel 
Security Integrated System for Tracking (PerSIST). This system of 
records is being modified to make clarifying notification in the 
supplementary information that the process is being partially 
automated, which will become effective immediately.

DATES: Comments will be accepted on or before November 14, 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, identified by docket number by one 
method:
    Federal e-Rulemaking Portal: http://www.regulations.gov. Follow the 
instructions provided on that site to submit comments electronically.
    Fax: 202-619-8365.
    Email: [email protected].
    Mail: Attention: Privacy Office; LaDonne White, Chief Privacy 
Officer; The Executive Secretariat; 451 Seventh Street SW, Room 10139; 
Washington, DC 20410-0001.

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    Instructions: All submissions received must include the agency name 
and docket number for this rulemaking. All comments received will be 
posted without change to http://www.regulations.gov. including any 
personal information provided.
    Docket: For access to the docket to read background documents or 
comments received go to http://www.regulations.gov.

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 can dial 7-1-1 to access the Telecommunications Relay 
Service (TRS), which permits users to make text-based calls, including 
Text Telephone (TTY) and Speech to Speech (STS) calls. Individuals who 
require an alternative aid or service to communicate effectively with 
HUD should email the point of contact listed above and provide a brief 
description of their preferred method of communication.

SUPPLEMENTARY INFORMATION: The Personnel Security Integrated Tracking 
System (PerSIST) system of records was most recently published in the 
Federal Register on May 11th, 2018 (83 FR 22094). The Department is 
hereby modifying that notice by updating the supplementary 
information.PerSIST was integrated with the Government Services 
Administration's (GSA) USAccess system to help facilitate the issuance 
of the commonly approved credential (HSPD-12 Credential), often 
referred to as the Privately Identifiable Verification Card (PIV), that 
supports activities like enrollment, personal data updates, 
fingerprinting, badge pickup, sponsorship, and PIV credential 
operations. PerSIST was also integrated with the Defense 
Counterintelligence and Security Agency's Electronic Delivery (DCSA) 
(eDelivery) system, which is an electronic assembly and delivery of 
investigative case materials to the requesting agency. These 
integrations partially, automates HUD's process to subsequently, 
increase the timeliness and efficiency of the investigative process.

SYSTEM NAME AND NUMBER:
    Personnel Security Integrated System for Tracking HUD/OCHCO-02.

SECURITY CLASSIFICATION:
    Unclassified.

SYSTEM LOCATION:
    Records are maintained at the following locations: U.S. Department 
of Housing and Urban Development Headquarters location, Room 2135, 451 
7th Street SW, Washington, DC 20410-0001.

SYSTEM MANAGER(S):
    Director, Cyrus Walker, Personnel Security Division (PSD), Office 
of the Chief Human Capital Officer (OCHCO), 451 7th Street SW, U.S. 
Department of Housing and Urban Development; Washington, DC 20410-000.

AUTHORITY FOR MAINTENANCE OF THE SYSTEM:
    Relative to the purpose of your investigation, the U.S government 
is authorized to request this information under Executive Orders: 
10865, 12333, 12356, and 13764. Sections 3301 and 9101, of title 5, 
U.S. Code; section 2165 of title 42, U.S. Code; sections 781 to 887 of 
title 50, U.S. Code; parts 5, 732, and 736 of title 5, Code of Federal 
Regulations; and Homeland Security Presidential Directive (HSPD) 12, 
Policy for a Common Identification Standard for Federal Employees and 
Contractors, August 21, 2004. Amending the civil service rules, 
Executive Order 13488, and Executive Order 13467, Privacy Act of 1974, 
5 U.S.C. 552a.

PURPOSE OF THE SYSTEM:
    The purpose of the system is to allow HUD to document and support 
decisions regarding the suitability, eligibility, and fitness for 
services of applicants for federal employment and contract positions to 
include students, interns, or volunteers eligible for logical and 
physical access to federally controlled facilities and information 
systems; eligible to hold sensitive positions (including but not 
limited to eligibility for access to classified information); fit to 
perform work for or on behalf of the Government as a contractor 
employee; qualified for Government service; qualified to perform 
contractual services for the Government; and loyal to the United 
States. Another purpose for this system is also to document such 
determinations, and to otherwise comply with mandates and Executive 
Orders. These records may also be used to locate individual for 
personnel research, as well as 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 generally.

CATEGORIES OF INDIVIDUALS COVERED BY THE SYSTEM:
    Current HUD Employees, Applicants, Contractors, Students, Interns, 
and volunteers

CATEGORIES OF RECORDS IN THE SYSTEM:
    Full Name, date of birth, birthplace, social security number, home 
address, phone numbers, employment history, contact information, 
citizenship, relatives, birth dates, birth place; criminal history, 
mental health history, history of drug use, financial information, 
fingerprints, report of investigation, results of suitability 
decisions, security clearance(s); date of issuance, request for appeal, 
witness statements, investigator's notes, tax returns, credit reports, 
security violations, circumstances of violation, and agency action 
taken.

RECORD SOURCE CATEGORIES IN THE SYSTEM:
    Individuals, Defense Counterintelligence and Security Agency, 
Office of Personnel Management, GSA. OPM e-QIP
    --General Services Administration (GSA) USAccess- Defense 
Counterintelligence Security Agency (DCSA) e-Delivery

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 appropriate Federal, State, local, tribal, or 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.
    (3). 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: (I) HUD, or any component thereof; or (II) any HUD 
employee in his or her official capacity; or (III) 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 (IV) the United States, or any agency thereof, where HUD determines 
that litigation is likely to affect HUD or any of its components.
    4. (a) To appropriate agencies, entities, and persons when: (I) HUD

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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. (b) 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. Accept as noted on Forms SF-85, 85P, and 86, when a record on 
its face, or in junction with other records, made to the appropriate 
public authority, whether Federal, foreign, State, local, or tribal, or 
otherwise, enforcing or implementing the statute, or rule, regulation, 
or order issued pursuant thereto, if the information disclosed is 
relevant to any enforcement, regulatory, investigative or prosecutorial 
responsibility of the receiving entity.
    7. 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.
    8. To a Federal, State, or local agency, or other appropriate 
entities or individuals, or through established liaison channels to 
selected foreign governments, in order to enable an intelligence agency 
to carry out its responsibilities under the National Security Act of 
1947 as amended, the CIA Act of 1949 as amended, Executive Order 12333 
or any successor order, applicable national security directives, or 
classified implementing procedures with 54836 Federal Register/Vol. 71, 
No. 181/Tuesday, September 19, 2006/Notices approved by the Attorney 
General and promulgated pursuant to such statutes, orders or 
directives.
    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.

POLICIES AND PRACTICES FOR STORAGE OF RECORDS:
    Paper and electronic records.

POLICIES AND PRACTICES FOR RETRIEVAL OF RECORDS:
    Records are retrieved by name and social security number.

POLICIES AND PRACTICIES FOR RETENTION AND DISPOSAL OF RECORDS:
    Destroy 3 years after employee separation from the agency or all 
appeals are concluded 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 
Personnel Security Division which is the office responsible for 
suitability determinations. Access to the records is limited to those 
employees who have a need for them in the performance of their official 
duties.
    For Electronic Records: Comprehensive electronic records are kept 
in the Personnel Security Division. Access to the records is restricted 
to those who have specific roles in the Personal Security Division and 
require access to background investigative data to perform their 
duties; and who have been given a password or two (2) factor 
authentication to access applicable files within the system including 
background investigative data. An electronic audit trail is maintained 
within the system and reviewed periodically to identify and track 
authorized/unauthorized access.
    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 [email protected]. 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:
    None.

HISTORY:
    Persist system published in the Federal Register dated May 11, 2018 
(83 FR 22094).

LaDonne White,
Chief Privacy Officer, Office of Administration.
[FR Doc. 2022-22104 Filed 10-11-22; 8:45 am]
BILLING CODE 4210-67-P