Privacy Act of 1974; System of Records, 30175-30178 [2023-09943]

Agencies

• Office of Personnel Management

[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