[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