Notice2023-27443
Privacy Act of 1974; System of Records
Primary source
Metadata and text below are from the Federal Register, a public-domain U.S. government work. Always verify the official published version before relying on it for any legal matter.
Published
December 14, 2023
Issuing agencies
Housing and Urban Development Department
Abstract
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 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.
Full Text
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<title>Federal Register, Volume 88 Issue 239 (Thursday, December 14, 2023)</title>
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[Federal Register Volume 88, Number 239 (Thursday, December 14, 2023)]
[Notices]
[Pages 86668-86671]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[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: <a href="http://www.regulations.gov">http://www.regulations.gov</a>. Follow the
instructions provided on that site to submit comments electronically.
Fax: 202-619-8365.
Email: <a href="/cdn-cgi/l/email-protection#572020207927253e2136342e173f223379303821"><span class="__cf_email__" data-cfemail="b1c6c6c69fc1c3d8c7d0d2c8f1d9c4d59fd6dec7">[email protected]</span></a>.
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 <a href="http://www.regulations.gov">http://www.regulations.gov</a> including any
personal information provided.
Docket: For access to the docket to read background documents or
comments received go to <a href="http://www.regulations.gov">http://www.regulations.gov</a>.
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 <a href="https://www.fcc.gov/consumers/guides/telecommunications-relay-service-trs">https://www.fcc.gov/consumers/guides/telecommunications-relay-service-trs</a>.
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]
BILLING CODE P
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This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.