[Federal Register Volume 88, Number 90 (Wednesday, May 10, 2023)]
[Notices]
[Pages 30175-30178]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-09943]
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OFFICE OF PERSONNEL MANAGEMENT
Privacy Act of 1974; System of Records
AGENCY: Office of Personnel Management.
ACTION: Notice of a modified system of records.
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SUMMARY: In accordance with the Privacy Act of 1974, the Office of
Personnel Management (OPM) proposes to modify a system of records
titled ``OPM/Central-11, Presidential Management Fellows (PMF) Program
Records.'' This system of records contains information that OPM
collects, maintains, and uses to administer and evaluate the
Presidential Management Fellows (PMF) Program.
DATES: Please submit comments on or before June 9, 2023. This modified
system is effective upon publication in the Federal Register, with the
exception of any new routine uses, which become effective June 14,
2023.
ADDRESSES: You may submit written comments via the Federal Rulemaking
Portal at https://www.regulations.gov. Follow the instructions for
submitting comments. All submissions received must include the agency
name and docket number for this Federal Register document. The general
policy for comments and other submissions from members of the public is
to make them available for public viewing at https://www.regulations.gov as they are received, without change, including any
personal identifiers or contact information.
FOR FURTHER INFORMATION CONTACT: For general questions, please contact
Susan Toman-Jones, Acting PMF Program Director, 202-606-1040. For
privacy questions, please contact Kellie Cosgrove Riley, Senior Agency
Official for Privacy, 202-936-2474.
SUPPLEMENTARY INFORMATION: In accordance with the Privacy Act of 1974,
5 U.S.C. 552a, the Office of Personnel Management proposes to modify
and republish the system of records titled ``OPM/Central-11,
Presidential Management Fellows (PMF) Program Records.'' The
Presidential Management Fellows (PMF) Program was established by
Executive Order in 1977 to attract to the Federal service outstanding
individuals from a variety of academic disciplines and career paths,
who have a clear interest in, and commitment to, excellence in the
leadership and management of public policies and programs. The PMF
Program recruits and develops advanced degree holders to provide a
continuing source of trained individuals to meet the future leadership
challenges of public service. This system of records includes records
about PMF Applicants, Semi-Finalist, Finalists, Fellows, and Alumni.
This system of records is being modified, in part, to conform to
the guidance in Office of Management and Budget Circular A-108 and to
achieve consistency within OPM SORNs regarding necessary and proper
routine uses as reflected in routine uses ``a'' through ``g,'' which
replace and clarify current routine uses 1-4, 14, and
[[Page 30176]]
routine uses previously added per 87 FR 5874. Other routine uses were
edited for clarity with no change to the substance, and one routine
use, current routine use ``11'' referred to the use of the records for
statistical research and reporting and to identify subjects for
research projects; given that it did not identify a routine use
involving the external disclosure of records but rather an internal
purpose and use of the records, the content was folded into the Purpose
section.
In addition to the routine use modifications and administrative
updates related to Circular A-108, the system is being modified as
follows:
The System Manager, currently identified as the
Presidential Management Fellows Program Office, is being updated to
more accurately identify the Associate Director, Human Resources
Solutions, who has overall responsibility for the PMF Program.
The Authorities have been expanded to include the relevant
regulations.
The Purpose section has been rewritten for clarity and to
remove repetitive and overlapping information.
The Categories of Individuals section has been edited to
clarify that Applicants are individuals who have recently completed or
soon will complete an advanced degree.
``Applicant flow data'' is being removed from the
categories of records. The categories of applicant flow data for the
PMF Program are the same as that collected in connection with all other
applications for Federal employment. Those records, collected under the
Equal Employment Opportunity Commission's OMB Control No. 3046-0046,
are governed for Privacy Act purposes by the OPM/GOVT-7, Applicant
Race, Sex, National Origin, and Disability Status Records SORN and the
use and disclosure of those records are subject to regulations and
guidance promulgated by the Equal Employment Opportunity Commission.
Removing these records from this system of records is intended to
clarify the appropriate collection, use, and dissemination of those
records. Aggregate data, including aggregate applicant flow data, is
used as part of the analysis to determine the effectiveness of the PMF
Program's recruitment and selection processes, provide general
statistics of program participants, and to conduct periodic job
analyses. Other records are being added to the Categories of Records to
call out certain data elements identified in the Retrievability section
of the SORN. These records were included more generally in the current
SORN but are being called out in the modification for consistency.
Other non-substantive edits have been made to the
remaining sections where necessary for clarity.
This modified system of records will be included in OPM's inventory
of records systems. In accordance with 5 U.S.C. 552a(r), OPM has
provided a report of this system of records to Congress and to the
Office of Management and Budget.
Office of Personnel Management.
Stephen Hickman,
Federal Register Liaison.
SYSTEM NAME AND NUMBER:
Presidential Management Fellows (PMF) Program Records, OPM/Central-
11.
SECURITY CLASSIFICATION:
Unclassified.
SYSTEM LOCATION:
The U.S. Office of Personnel Management, Human Resources Solutions,
Presidential Management Fellows Program, Suite 2469, 1900 E Street NW,
Washington, DC 20415 is responsible for the records in this system of
records. Electronic records are stored at contractor facilities located
in Baltimore, Maryland.
SYSTEM MANAGER(S):
Associate Director, Human Resource Solutions, U.S. Office of
Personnel Management, 1900 E Street NW, Suite 2469, Washington, DC
20415.
AUTHORITY FOR MAINTENANCE OF THE SYSTEM:
Executive Order 13562, Recruiting and Hiring Students and Recent
Graduates (December 27, 2020); and regulations governing the Pathways
Programs at 5 CFR 362, subparts A (General Provisions) & D
(Presidential Management Fellows Program).
PURPOSE(S) OF THE SYSTEM:
The purpose of this system of records is to determine individuals'
basic eligibility for the PMF Program and to evaluate applicants to the
PMF Program in a structured assessment process conducted by OPM. In
addition, this system of records enables OPM to group individuals into
various categories (e.g., Candidates, Applicants, Eligibles,
Ineligibles, Semi-Finalists, Finalists, Non-Selectees, Fellows, Former
Fellows, and Alumni), make a final determination as to those Applicants
who will be referred (as Semi-Finalists to Finalists and those
Finalists who become Fellows) to participating Federal agencies for
employment consideration, and track and document appointments,
certifications, conversions, reappointments, withdrawals, resignations,
extensions, and deaths of PMF participants.
The records in this system of records are also collected to
evaluate the PMF Program to determine the effectiveness of the program
and to improve program operations, to schedule and track PMF
participation in Program-sponsored training and development events
(e.g., leadership development, forums, graduation), to track agency
reimbursements for PMF appointments, to facilitate interaction and
communication between PMF Program participants and PMF alumni as well
as with their academic institutions, and to maintain contact
information about individuals at all stages of the PMF Program,
including PMF alumni, Agency PMF Coordinators, PMF supervisors,
Pathways Programs Officers, and other relevant stakeholders, for
outreach and engagement. Finally, the records in this system of records
serves as a data source for management information of summary
descriptive statistics and analytical studies in support of the PMF
Program, for related personnel research functions or manpower studies,
and to locate individuals for personnel research.
CATEGORIES OF INDIVIDUALS COVERED BY THE SYSTEM:
Current and former Presidential Management Fellows; registrants to
the PMF Talent Management System portal; candidates who begin the PMF
application process; applicants to the PMF Program who are students
pursuing or who have recently completed an advanced degree, such as a
masters or professional degree; and other PMF Program stakeholders
(such as Agency PMF Coordinators and Federal supervisors of PMFs).
CATEGORIES OF RECORDS IN THE SYSTEM:
The records contained in this system of records will vary depending
on the category of individual, but may include one or more of the
following:
Name
Last four digits of Social Security number
Citizenship
Address (personal residence and/or business)
Telephone number (home and/or business)
Email address (home and/or business)
Academic background (including academic institution
attended or attending, degree discipline, and degree type)
[[Page 30177]]
Employment history
Foreign language (speak, write, and/or read)
Veterans' preference status
Academic transcripts
Any other information obtained during the PMF application,
assessment, and selection processes
Information about PMF training and development activities
Confidential evaluation information and assessment scores
(these records are not available to the public, individuals whose
records are contained in this system of records, academic institutions,
nor to participating Federal agencies or officials; see Exemptions and
Routine Uses, below).
Applicant flow data collected by the PMF Program is not covered by
this SORN but rather is collected and governed under the OPM/GOVT-7
Applicant Race, National Origin, Sex, and Disability Records, SORN.
RECORD SOURCE CATEGORIES:
The records in this system of records are obtained from individuals
identified in the Categories of Individuals Covered by the System,
above; academic institutions; Federal officials involved in the
screening and selection process; and Federal agencies who employ
Presidential Management Fellows.
ROUTINE USES OF RECORDS MAINTAINED IN THE SYSTEM, INCLUDING CATEGORIES
OF USERS AND PURPOSES OF SUCH USES:
In addition to those disclosures generally permitted under 5 U.S.C.
552a(b) of the Privacy Act, all or a portion of the records or
information contained in this system may be disclosed outside OPM as a
routine use pursuant to 5 U.S.C. 552a(b)(3), as follows:
a. To the Department of Justice, including Offices of the U.S.
Attorneys; another Federal agency conducting litigation or in
proceedings before any court, adjudicative, or administrative body;
another party in litigation before a court, adjudicative, or
administrative body; or to a court, adjudicative, or administrative
body. Such disclosure is permitted only when it is relevant and
necessary to the litigation or proceeding, and one of the following is
a party to the litigation or has an interest in such litigation:
(1) OPM, or any component thereof;
(2) Any employee or former employee of OPM in their official
capacity;
(3) Any employee or former employee of OPM in their individual
capacity where the Department of Justice or OPM has agreed to represent
the employee;
(4) The United States, a Federal agency, or another party in
litigation before a court, adjudicative, or administrative body, upon
the OPM General Counsel's approval, pursuant to 5 CFR part 295 or
otherwise.
b. To the appropriate Federal, State, or local agency responsible
for investigating, prosecuting, enforcing, or implementing a statute,
rule, regulation, or order, when a record, either on its face or in
conjunction with other information, indicates a violation or potential
violation of civil or criminal law or regulation.
c. To a member of Congress from the record of an individual in
response to an inquiry made at the request of the individual to whom
the record pertains.
d. To the National Archives and Records Administration (NARA) for
records management inspections being conducted under the authority of
44 U.S.C. 2904 and 2906.
e. To appropriate agencies, entities, and persons when (1) OPM
suspects or has confirmed that there has been a breach of the system of
records; (2) OPM has determined that as a result of the suspected or
confirmed breach, there is a risk of harm to individuals, OPM
(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 OPM's efforts to respond to the suspected or
confirmed breach or to prevent, minimize, or remedy such harm.
f. To another Federal agency or Federal entity, when OPM 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.
g. To contractors, grantees, experts, consultants, or volunteers
performing or working on a contract, service, grant, cooperative
agreement, or other assignment for OPM when OPM determines that it is
necessary to accomplish an agency function related to this system of
records. Individuals provided information under this routine use are
subject to the same Privacy Act requirements and limitations on
disclosure as are applicable to OPM employees.
h. To the Merit Systems Protection Board or the Office of the
Special Counsel, when requested in connection with appeals, special
studies of the civil service and other merit systems, review of OPM
rules and regulations related to the PMF Program, investigations of
alleged or possible prohibited personnel practices, and such other
functions, e.g., as prescribed in 5 U.S.C. 1205 and 1206, or as may be
authorized by law.
i. To the Equal Employment Opportunity Commission, when requested,
in connection with investigations into alleged or possible
discrimination practices in the Federal sector, examination of Federal
affirmative employment programs, compliance by Federal Agencies with
the Uniform Guidelines on Employee Selection Procedures, or other
functions vested in the Commission.
j. To the Federal Labor Relations Authority, when requested, in
connection with investigations of allegations of unfair labor practices
or matters before the Federal Service Impasses Panel.
k. To Federal agencies to refer Finalists in the PMF Program for
employment consideration.
l. To State and local government entities, congressional offices,
international organizations, and other public offices, with permission
of the individual, to refer individuals for potential employment and
developmental opportunities.
m. To Federal agencies that employ Presidential Management Fellows
to refer Fellows for consideration for reassignment, reappointment,
conversion, and/or promotion within the employing agencies.
n. To a Federal, State, or local agency maintaining civil, criminal
or other information when relevant to the agency's decision concerning
the hiring or retention of a candidate.
o. To an academic institution to provide information to the
institution concerning its graduates' participation in the PMF Program,
covering application, selection, appointment to a Federal position, and
completion of the PMF Program.
POLICIES AND PRACTICES FOR STORAGE OF RECORDS:
The records in this system of records are stored electronically
within the contractor's hosting and backup facilities and is encrypted
at rest. A complete data backup is stored on a weekly basis and is then
replicated to a physically separate datacenter location and kept for
the duration of the retention period. The records are accessible only
to those OPM and contractor employees who have an official business
need to access and use the records.
[[Page 30178]]
POLICIES AND PRACTICES FOR RETRIEVAL OF RECORDS:
The records in this system of records may be retrieved by applicant
identification number, name, academic institution, state of residence,
last four digits of Social Security number, degree discipline and/or
type, veterans' preference, email address, phone number, status in PMF
Program (e.g., Candidate, Applicant, Eligible, Ineligible, Semi-
Finalist, Finalist, Non-Selectee, Fellow, Former Fellow, and Alumni),
citizenship, foreign language, geographic employment preference(s),
skill sets/competencies, or any combination of these.
POLICIES AND PRACTICES FOR RETENTION AND DISPOSAL OF RECORDS:
The records retention schedule for the records in this system is
currently under review and revision and is pending submission to the
NARA. Once in place, records about Applicants will be retained for ten
years from the end of the application cycle, records about Semi-
Finalists and Finalists will be retained for ten years from the year
their eligibility expires, certain records about Fellows will be
retained for ten years after they complete their fellowship while other
records will be retained for twenty years, and non-applicant user
account records (e.g., agency points of contact and administrative
account users) will be retained for ten years after their last access.
At the end of their lifecycle, records will be destroyed in
accordance with applicable media sanitation standards.
ADMINISTRATIVE, TECHNICAL, AND PHYSICAL SAFEGUARDS:
Records in this system are protected from unauthorized access and
misuse through various administrative, technical, and physical security
measures. The technical security measures used by OPM and OPM's
contractors comply with the Federal Information Security Modernization
Act (Pub L. 113-203), associated OMB policies, and applicable standards
and guidance from the National Institute of Standards and Technology
(NIST).
Safeguards are in place within both the primary and alternate
hosting facilities. Each facility leverages security equipment,
techniques, and procedures to control, monitor, and record access to
the facility, including customer cage areas. Data centers are always
staffed and all perimeter doors are secured, monitored, and alarmed.
Records are accessible only to those whose official duties necessitate
such access. All contractor personnel with a need to access records in
this system undergo a background investigation prior to being granted
access and contractor personnel are required by the terms of the
contract to adhere to relevant provisions of the Privacy Act.
RECORD ACCESS PROCEDURES:
Certain records in this system have been exempted from the access
provisions of the Privacy Act, see Exemptions Promulgated for the
System, below. Individuals seeking notification of and access to their
non-exempt records in this system of records may do so by submitting a
request in writing to the Office of Personnel Management, Office of
Privacy and Information Management--FOIA, 1900 E Street NW, Room 5415,
Washington, DC 20415-7900 or by emailing [email protected]; ATTN: PMF
Program. Individuals must furnish the following information for their
records to be located:
1. Full name at time of application to the PMF Program, including
any former name.
2. Last 4 digits of their Social Security number, when specifically
requested.
3. Year applied to the PMF Program.
4. Home Address at the time of application to the PMF Program.
Individuals requesting access must also comply with OPM's Privacy
Act regulations regarding verification of identity and access to
records (5 CFR 297).
CONTESTING RECORD PROCEDURES:
Certain records in this system have been exempted from the access
provisions of the Privacy Act, see Exemptions Promulgated for the
System, below. Individuals wishing to request amendment of their non-
exempt records in this system of records may do so by writing to the to
the Office of Personnel Management, Office of Privacy and Information
Management--FOIA, 1900 E Street NW, Room 5415, Washington, DC 20415-
7900 or by emailing [email protected]; ATTN: PMF Program. Requests for
amendment of records should include the words ``PRIVACY ACT AMENDMENT
REQUEST'' in capital letters at the top of the request letter; if
emailed, please include those words in the subject line. Individuals
must furnish the following information for their records to be located:
1. Full name at time of application to the PMF Program, including
any former name.
2. Last 4 digits of their Social Security number, when specifically
requested.
3. Year applied to the PMF Program.
4. Home Address at the time of application to the PMF Program.
5. Precise identification of the information to be amended.
Individuals requesting amendment of their records must also comply
with OPM's Privacy Act regulations regarding verification of identity
and access to records (5 CFR 297).
NOTIFICATION PROCEDURES:
See ``Record Access Procedures.''
EXEMPTIONS PROMULGATED FOR THE SYSTEM:
Certain records in this system relate to testing or examining
materials used solely to determine individual qualifications for
appointment or promotion in the Federal service. Access to or amendment
of this information would compromise the objectivity and fairness of
the testing or examining process. Accordingly, the records in this
system that meet the criteria stated in 5 U.S.C. 552a(k)(6) are exempt
from the requirements of 5 U.S.C. 552a(d), relating to access to and
amendment of records. 5 CFR 297.501(b)(6). See also 5 CFR 300.201.
HISTORY:
77 FR 61791 (Oct 11, 2012); 74 FR 42334; 60 FR 63075 (Dec 12,
1995); 80 FR 74816 (Nov 30, 2015) and 87 FR 5874 (Feb 2, 2022)
[FR Doc. 2023-09943 Filed 5-9-23; 8:45 am]
BILLING CODE 6325-43-P