Privacy Act of 1974; System of Records, 53632-53634 [2024-14139]

Agencies

• DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT

[Federal Register Volume 89, Number 124 (Thursday, June 27, 2024)]
[Notices]
[Pages 53632-53634]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-14139]


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DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT

[Docket No. FR-7092-N-33]


Privacy Act of 1974; System of Records

AGENCY: Office of Administration, HUD.

ACTION: Notice of a new system of records.

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SUMMARY: Under the Privacy Act of 1974, as amended, the Department of 
Housing and Urban Development (HUD), Office of Administration is 
issuing a public notice of its intent to establish a Privacy Act System 
of Records titled ``Freedom Of Information Act (FOIA) Management System 
(FMS2)''. The FMS2 tracking system will provide HUD with the ability to 
collect information and inquiries directly from the public and provide 
responses. HUD will use FMS2 to monitor the status of internal and 
external FOIA requests, which helps to run a robust and effective FOIA 
tracking system by offering the ability to prioritize and expedite 
incoming requests.

DATES: Comments will be accepted on or before July 29, 2024. 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 by one 
method:
    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; LaDonne White, Chief Privacy 
Officer; 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, Chief Privacy Officer, 
The Privacy Office; 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: HUD, Office of Administration maintains the 
FOIA Management System (FMS2). This system allows HUD to collect 
information, and inquiries directly from the public through the Public 
Access Link (PAL), reducing the workload while increasing response 
times. The FOIA Management system will link, store, and analyze data 
collected through the PAL link. The Department uses this information to 
provide responses specific to the inquiries. These records may help 
streamline and make more efficient the processing of requests and FOIA 
processes, while ensuring compliance with applicable laws and 
regulations, including confidentiality requirements protecting the 
information individuals submit in support of their request or claims in 
the FOIA inquiry process. Individuals can also submit their FOIA 
request via PAL.

SYSTEM NAME AND NUMBER:
    FOIA Management System (FMS2), HUD/ADM-11.

SECURITY CLASSIFICATION:
    Unclassified.

SYSTEM LOCATION:
    HUD Headquarter, Office of Administration, 451 7th Street SW, Room 
10139, Washington, DC 20410-0001.

SYSTEM MANAGER(S):
    Ms. Bao-Anh Trinh, Director, FOIA Branch, Office of Administration, 
451 Seventh Street SW, Room 10139,Washington, DC 20410-0001; Email: 
[email protected]; (202) 402-7641 and Ms. Kim Adams, System 
Manager, Office of Administration, 451 Seventh Street SW, Room 6210, 
Washington, DC 20410, telephone number (202) 402-4861.

AUTHORITY FOR MAINTENANCE OF THE SYSTEM:
    The collection and maintenance of accommodation records is 
authorized by

[[Page 53633]]

Sections 2 and 7(d) of the Department of Housing and Urban Development 
Act of 1965, Public Law 89-174, 42 U.S.C. 3531, 3535(d); The Freedom of 
Information Act, Public Law 89-487, as amended, 5 U.S.C. 552.

PURPOSE(S) OF THE SYSTEM:
    The FMS2 will help HUD to track correspondence both internally 
among program offices and those received externally from outside 
entities. This system will enable HUD to track FOIA inquiries (internal 
and external) to HUD.

CATEGORIES OF INDIVIDUALS COVERED BY THE SYSTEM:
    Individuals who correspond with the Secretary, Deputy Secretary, 
Assistant Secretaries, HUD Program Offices, or Field Office officials.

CATEGORIES OF RECORDS IN THE SYSTEM:
    Full name, home address, email address(es), telephone number (work 
and home), legal documents and records, individual's attorneys or 
representatives' names, phone number (work and fax), address, and case 
identifier.

RECORD SOURCE CATEGORIES:
    Records are provided by individuals.

ROUTINE USES OF RECORDS MAINTAINED IN THE SYSTEM, INCLUDING:
    1. To a congressional office from the record of an individual, in 
response to an inquiry from the congressional office made at the 
request of that individual.
    2. 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.
    3. To contractors, grantees, experts, consultants and their agents, 
or others performing or working under a contract, service, grant, 
cooperative agreement, or other agreement with HUD, 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; (2) HUD has determined that as a result of the suspected or 
confirmed breach there is a risk of harm to individuals, HUD (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 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 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.
    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) 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.

POLICIES AND PRACTICES FOR STORAGE OF RECORDS:
    Electronic and Paper.

POLICIES AND PRACTICES FOR RETRIEVAL OF RECORDS:
    Name, case number, and HUD Identification number.

POLICIES AND PRACTICES FOR RETENTION AND DISPOSAL OF RECORDS:
    Per General Record Schedule 4.2, item 040, Correspondence, Emails, 
Non-financial Transactions, and Reports. Temporary. Destroy 5 years 
after date of last entry or final action by agency, as appropriate, but 
longer retention is authorized if required for business use.''

ADMINISTRATIVE, TECHNICAL, AND PHYSICAL SAFEGUARDS:
    For Electronic Records: All personal data will be maintained on a 
secure workstation or virtual server that is protected by a firewall 
and complex passwords in a directory that can only be accessed by the 
system administrators and the analysts actively working on the data; 
the system used to process or store data have Federal security controls 
applied to them; the data will be backed up on a regular basis to 
safeguard against system failures or disasters; and, unencrypted data 
will not be stored on a laptop or on removable media such as CDs, 
diskettes, or USB flash drives. Electronic Records are maintained and 
stored in an electronic encryption database system. These records can 
only be accessed based off the user's rights and privileges to the 
system. A multifactor identification method is required which consists 
of the several layers of security to access the records, such as a 
valid common access card, access to HUD's network, and a valid User ID 
and password.
    For Paper Records: The analysts will securely store any hard copy 
forms with personal identifiers until they are archived; all hard copy 
forms with personal identifying data will be stored securely in a 
locked cabinet that can only be accessed by authorized individuals 
working on the data.

[[Page 53634]]

RECORD ACCESS PROCEDURES:
    Individuals requesting records of themselves should address written 
inquiries to the Department of Housing and Urban 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 and 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:
    None.

HISTORY: N/A.

LaDonne L. White,
Chief Privacy Officer, Office of Administration.
[FR Doc. 2024-14139 Filed 6-26-24; 8:45 am]
BILLING CODE 4210-67-P