Privacy Act of 1974; System of Records, 86668-86671 [2023-27443]

Agencies

• DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT

[Federal Register Volume 88, Number 239 (Thursday, December 14, 2023)]
[Notices]
[Pages 86668-86671]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-27443]


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DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT

[Docket No. FR-7077-N-27]


Privacy Act of 1974; System of Records

AGENCY: Office of Fair Housing and Equal Opportunity, Department of 
Housing and Urban Development.

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 the Housing and Urban Development (HUD), 
Office of Fair Housing and Equal Opportunity (FHEO) is modifying a 
system of records, ``HUD Enforcement Management System'' (HEMS). The 
modification makes updates to: System

[[Page 86669]]

Location, System Manager, Purpose, Categories of Individuals, Record 
Source Categories, Routine Uses and Supplementary information. The 
modifications do not change the scope of the system.

DATES: Comments will be accepted on or before January 16, 2024. This 
SORN becomes effective immediately, while the routine uses become 
effective after the comment period immediately upon publication except 
for the routine uses, which will become 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: https://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; Mr. 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 https://www.regulations.gov including any 
personal information provided.
    Docket: For access to the docket to read background documents or 
comments received go to https://www.regulations.gov.

FOR FURTHER INFORMATION CONTACT: LaDonne White, 451 Seventh Street SW, 
Room 10139, Washington, DC 20410; 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 purpose of HUD Enforcement Management 
System (HEMS) is to serve as a source for case data on housing 
discrimination complaints and case files during the investigation 
process. HEMS automates the enforcement lines of business for FHEO 
using a web-based platform. The purpose of HEMS has been streamlined 
and updated since the original SORN published in 2019. The 
modifications to HEMS SORN include these changes:--``Security 
Classification'' is updated to Unclassified to reflect the correct 
Security Classification. The ``System Manager'' has been updated and 
brings the information current. The ``Categories of Records in the 
System'' is updated to include the collection of Personal Identifiable 
Information (PII) provided by the individual to contact people involved 
in a particular case. The ``Categories of Individuals Covered by the 
System '' is updated to include the collection of PII from primary 
individuals whose information is contained in HEMS which includes 
Complainants, Respondents and Witnesses. The'' Routine Uses of Records 
Maintained in the System, Including Categories of Uses and Purpose of 
Such Uses'' is updated to include the applicable routine uses listed 
below:
    Research and Statistical Analysis Disclosure Routine Use: Allows 
for HUD to review and/or perform statistical analysis as it operates 
the Department's programs needed to meet its mission. This is 
appropriate and necessary for the efficient conduct of government and 
in the best interest of both the individual and the public.
    Data Testing for Technology Implementation Disclosure Routine Use: 
Allows for HUD to provide system access to HUD contractors to develop, 
maintain and troubleshoot application issues to support the 
Department's programs needed to meet its mission. Upgrades and 
migrations to this system are needed to meet the changes in technology 
and improve system performance. This is appropriate and necessary for 
the efficient conduct of government and in the best interest of both 
the individual and the public.
    Disclosures for Law Enforcement Investigations Routine Uses: Allows 
for HUD to disclose records maintained as part of this system to 
appropriate Federal, State or governmental agencies when HUD determines 
that using those records is relevant and necessary for law enforcement. 
This is appropriate and necessary for the efficient conduct of 
government and in the best interest of both the individual and the 
public.
    Court or Law Enforcement Proceedings Disclosure Routine Uses: 
Allows for HUD to disclose records maintained as part of this system of 
records to assist with court and law enforcement proceedings by 
providing access to records. This is appropriate and necessary for the 
efficient conduct of government and in the best interest of both the 
individual and the public.
    Department of Justice for Litigation Disclosure Routine Use: 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: (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.

SYSTEM NAME AND NUMBER:
    HUD Enforcement Management System (HEMS), HUD/FHEO-02.

SECURITY CLASSIFICATION:
    Unclassified.

SYSTEM LOCATION:
    Records are maintained at NCCIPS Building 9325 Stennis Space 
Center, MS 39529-6000. The Paper Records are located at the FHEO 
Regional office.

SYSTEM MANAGER(S):
    Patrina Munson, Director, Office of Information Services and 
Communications, Fair Housing and Equal Opportunity, Department of 
Housing and Urban Development, 451 Seventh Street SW, Room 5118, 
Washington, DC 20410-0001.

AUTHORITY FOR MAINTENANCE OF THE SYSTEM:
    Title VIII of the Civil Rights Act of 1968, as amended by the Fair 
Housing Act of 1988 (42 U.S.C. 3601 et seq.); title VI of the Civil 
Rights Act of 1964 (42 U.S.C. 2000d-2000d-7). Section 504 of the 
Rehabilitation Act of 1973 (29 U.S.C. 794). Section 109 of title I of 
the Housing and Community Development Act of 1974 (42 U.S.C. 5309); 
title II of the American Disabilities Act of 1990 (42 U.S.C. 12101 et 
seq.). Age Discrimination Act of 1975 (42 U.S.C. 6101-6107); Title IX 
of the Education Amendments Act of 1972 (20 U.S.C. 1681-1688), and the 
Architectural Barriers Act of 1968 (42 U.S.C. 4151 et seq.); title 2, 
Code of Federal Regulations (CFR), parts 180 and 2424. Title 31 U.S.C 
6101; title 41 U.S.C.; title 42 U.S.C. 3533 and 3535; and Executive 
Orders 12549 and 12689. Violence Against Women Act (VAWA), 34 U.S.C. 
1294(c) & 1295(d).

[[Page 86670]]

PURPOSE(S) OF THE SYSTEM:
    To serve as a repository for case data on housing discrimination 
complaints and case files during the investigation process and to 
automate the enforcement lines of business for FHEO. The Department of 
Housing and Urban Development (HUD), Office of Fair Housing and Equal 
Opportunity (FHEO) maintains the HUD Enforcement Management System 
(HEMS) system of records. HEMS is the system where case data on housing 
discrimination complaint inquiries and case files are documented during 
the investigation process. Personal information is collected on a case-
by-case basis to contact the people involved or if relevant to the 
particular case. The public may submit a housing discrimination 
complaint through the online HUD Form 903 on HUD's website, or by 
contacting FHEO by mail, phone, email, or in person. Data from the 
online HUD Form 903, including some contact information supplied by the 
complainant, goes directly into HEMS. Complaints made through other 
forms of submission are entered into HEMS by FHEO staff or staff from 
partner state and local government agencies.

CATEGORIES OF INDIVIDUALS COVERED BY THE SYSTEM:
    Complainants and their Representatives, Respondents and their 
Representatives, witnesses who were interviewed during the 
investigation, and case investigators.

CATEGORIES OF RECORDS IN THE SYSTEM:
    Respondents and/or Complainants and/or Witnesses and/or Contacts 
Full Name, Email Address, Fax Number, Phone Number(s), Mailing Address.

RECORD SOURCE CATEGORIES:
    Individuals, including from the Housing Discrimination Complaint 
Form 903, publicly available data sets (e.g., property ownership 
records) and the following Federal, State, and local entities; United 
States Department of Agriculture (USDA), Federal Financial Institutions 
Examination Council (FFIEC) which includes five banking regulators--the 
Federal Reserve Board of Governors (FRB), the Federal Deposit Insurance 
Corporation (FDIC), the National Credit Union Administration (NCUA), 
the Office of the Comptroller of the Currency (OCC), the Consumer 
Financial Protection Bureau (CFPB), and State and Local Government Fair 
Housing Agencies that partner with FHEO.

ROUTINE USES OF RECORDS MAINTAINED IN THE SYSTEM, INCLUDING CATEGORIES 
OF USERS AND PURPOSES OF SUCH USES:
    (1) (a) To individuals under contract to HUD or under contract to 
another agency with funds provided by HUD, for the purpose of 
conducting oversight and monitoring of program operations to determine 
compliance with applicable laws and regulations, and FHEO reporting 
requirements (information disclosed under this routine use is subject 
to Privacy Act requirements and limitations on disclosures are 
applicable to HUD officials and employees).
    (b) To State and local agencies certified by HUD to investigate and 
adjudicate title VIII housing discrimination complaints; State and 
local agencies also use HEMS to record investigation information.
    (c) To a party (complainant or respondent) to an investigation once 
the investigation is closed, upon the party's request, information 
derived from an investigation and any final investigative report 
relating to that investigation, including the names of witnesses, 
except when requesting anonymity pursuant to 24 CFR 103.230(a)(1).
    (2) To contractors, grantees, experts, consultants, Federal 
agencies, and non-Federal entities, including, but not limited to, 
State and local governments and other research institutions or their 
parties, and entities and their agents with whom HUD has a contract, 
service agreement, grant, or cooperative agreement, when necessary to 
accomplish an agency function, related to a system of records, for the 
purposes of statistical analysis and research in support of program 
operations, management, performance monitoring, evaluation, risk 
management, and policy development, or to otherwise support the 
Department's mission. Records under this routine use may not be used in 
whole or in part to make decisions that affect the rights, benefits, or 
privileges of specific individuals. The results of the matched 
information may not be disclosed in identifiable form.
    (3) To contractors, experts, and consultants with whom HUD has a 
contract, service agreement, or other assignment of the Department, 
when necessary to utilize relevant data for the purpose of testing new 
technology and systems designed to enhance program operations and 
performance.
    (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; (2) HUD has determined that as a result of the suspected or 
confirmed breach there is a risk of harm to individuals, HUD, 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 HUD 
determines that information from this system of records is reasonably 
necessary to assist the recipient agency or entity in (1) responding to 
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 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 when such records, either alone or in 
conjunction with other information, indicate a violation or potential 
violation of law.
    (7) 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.
    (8) 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: (1) HUD, or any component thereof; or (2)

[[Page 86671]]

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.
    (9) To the USDA for sharing information on investigations involving 
the same title VI and title VIII Federal funding recipients.
    (10) To the FFIEC for investigating banks that are respondents in 
title VIII investigations.

POLICIES AND PRACTICES FOR STORAGE OF RECORDS:
    Paper and electronic records.

POLICIES AND PRACTICES FOR RETRIEVAL OF RECORDS:
    Inquiry Number, Case Number, Fair Housing Assistance Program (FHAP) 
Case Number, Case Name, Address.

POLICIES AND PRACTICES FOR RETENTION AND DISPOSAL OF RECORDS:
    Permanent. The retention period for the information in HEMS is 
maintained for the life of the case to support the activity and other 
enforcement activities that may become related to the case.

ADMINISTRATIVE, TECHNICAL, AND PHYSICAL SAFEGUARDS:
    A User ID and password are required for authentication. Users must 
sign a Rules of Behavior form prior to being granted system access. 
These rules emphasize privacy protection of personally identifiable 
information in HEMS. Manual records are stored in lockable file 
cabinets; computer facilities are secured and accessible only by 
authorized personnel, and all files are stored in a secured area. 
Technical restraints are employed regarding accessing the computer and 
data files.

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:
    The housing discrimination related records in HEMS are maintained 
for use in civil rather than criminal actions and are prohibited from 
disclosure pursuant to exemption 5 U.S.C. 552a(d)(5) of the Privacy 
Act. Pursuant to 5 U.S.C. 552a(k)(2), all investigatory materials, 
including conciliation files, in records contained in this system which 
meet the criteria of this subsection, are exempt from the notice, 
access, and contest requirements (under 5 U.S.C. 552a(c)(3), (d), 
(e)(1), (e)(4)(G), (H), (I), and (f)) as promulgated in 24 CFR 
16.15(a)(1).

HISTORY:
    Docket No. FR-5763-N-12, 79 FR 62658, October 20, 2014.

LaDonne L. White,
Chief Privacy Officer, Office of Administration.
[FR Doc. 2023-27443 Filed 12-13-23; 8:45 am]
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