[Federal Register Volume 88, Number 214 (Tuesday, November 7, 2023)]
[Notices]
[Pages 76840-76842]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-24511]


-----------------------------------------------------------------------

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.

-----------------------------------------------------------------------

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: 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; 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 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). 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 https://www.fcc.gov/consumers/guides/telecommunications-relay-service-trs.

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