Notice2024-14139
Privacy Act of 1974; System of Records
Primary source
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Published
June 27, 2024
Issuing agencies
Housing and Urban Development Department
Abstract
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.
Full Text
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<title>Federal Register, Volume 89 Issue 124 (Thursday, June 27, 2024)</title>
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[Federal Register Volume 89, Number 124 (Thursday, June 27, 2024)]
[Notices]
[Pages 53632-53634]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[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: <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#ef989898c19f9d86998e8c96af879a8bc1888099"><span class="__cf_email__" data-cfemail="cdbababae3bdbfa4bbacaeb48da5b8a9e3aaa2bb">[email protected]</span></a>.
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 <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, 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 <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: 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:
<a href="/cdn-cgi/l/email-protection#e5a7848ac8848b8dcbb3cbb1978c8b8da5adb0a1cb828a93"><span class="__cf_email__" data-cfemail="a0e2c1cf8dc1cec88ef68ef4d2c9cec8e0e8f5e48ec7cfd6">[email protected]</span></a>; (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
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</html>Indexed from Federal Register on June 27, 2024.
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