[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]
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