Privacy Act of 1974; System of Records

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AGENCY:
Office of Administration, HUD.
ACTION:
Notice of a Modified System of Records.
SUMMARY:
Pursuant to the provisions of the Privacy Act of 1974, as amended, the Department of Housing and Urban Development (HUD), Office of Disaster Management and National Security, is issuing public notice of its intent to modify a Privacy Act System of Records titled Emergency Notification System. The purpose of this system is to maintain emergency contact information for HUD personnel to enable emergency notifications involving an immediate threat to health or safety of HUD employees. This system of records is being revised to make clarifying changes within the system of records, system location, system manager(s), categories of records in the system, records source categories, routine uses, policies and practices for retrieval of records, policies and practices for retention and disposal of records, and administrative, technical, and physical safeguards.
DATES:
Comments will be accepted on or before July 29, 2026. 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 the docket number or by one of the following methods:
Federal e-Rulemaking Portal: http://www.regulations.gov.
Follow the instructions provided on that site to submit comments electronically.
Mail:
Attention: Privacy Office; Kimberly Morton, Acting Chief Privacy Officer; Office of the Executive Secretariat; 451 7th 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
http://www.regulations.gov,
including any personal information provided.
Docket:
For access to the docket to read background documents or comments received go to
http://www.regulations.gov.
FOR FURTHER INFORMATION CONTACT:
Kimberly Morton, Acting Chief Privacy Officer; The Privacy Office, 451 7th Street SW, Room 10139; Washington, DC 20410-0001; telephone number (804) 822-4801 (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 Department of Housing and Urban Development (HUD) is modifying the Emergency Notification System, system of records notices to reflect updated information in the sections being revised.
Changes Being Made
1.
System Location:
Updated to add HUD Headquarters and all ten HUD Regional Offices.
2.
System Manager(s):
Updated with new System Manager name.
3.
Categories of Records in the System:
Updated to add work address and employee identification number.
4.
Records Source Categories:
Updated to add a report generated from the National Finance Center, NFC Insight System as a source of data.
5.
Routine Uses:
Changes were made to add disclosures to NARA, emergency management agencies, and courts. These were previously omitted.
6.
Policies and Practices for Retrieval of Records:
Updated to add duty station, work address, and employee identification number as retrieval methods.
7.
Policies and Practices for Retention and Disposal of Records:
Updated to reflect the retention and disposal of information for electronic records.
8.
Administrative, Technical, and Physical Safeguards:
Updated to incorporate the safeguards implemented by the third-party contractor, Everbridge, Inc, which maintains FedRAMP Moderate authorization with comprehensive security controls.
( printed page 39113)
SYSTEM NAME AND NUMBER:
Emergency Notification System (ENS), HUD/ADM-10.
SECURITY CLASSIFICATION:
Unclassified.
SYSTEM LOCATION:
Records are maintained at the Department of Housing and Urban Development, HUD Emergency Operations Center, Office of Disaster Management and National Security, Office of the Chief Administrative Officer, 451 7th Street SW, Room 6280, Washington, DC 20410-0001.
Third-party service provider:
Everbridge, Inc., 25 Corporate Drive, Suite 400, Burlington, MA 01803. Amazon Web Services data centers are located in Northern California and West Virginia.
The system is accessible from HUD Headquarters, all ten HUD Regional Offices (Boston, New York, Philadelphia, Atlanta, Chicago, Fort Worth, Kansas City, Denver, San Francisco, and Seattle), HUD Field Offices, and HUD Program Centers nationwide to enable emergency notifications to all HUD personnel.
SYSTEM MANAGER(S):
William D. Mason, Director, HUD Emergency Operations Center, Office of Disaster Management and National Security, Office of the Chief Administrative Officer, Department of Housing and Urban Development, 451 7th Street SW, Room 6280, Washington, DC 20410-0001; 202-402-5636; Email:
William.D.Mason@HUD.gov.
AUTHORITY FOR MAINTENANCE OF THE SYSTEM:
5 U.S.C. 301, Departmental regulations, 44 U.S.C. 3101, Records management by agency heads; general duties, The Department of Housing and Urban Development Act of 1965, Presidential Policy Directive 8, Presidential Policy Directive 40, Federal Continuity Directive 1, Federal Executive Branch National Continuity Program and Requirements and Federal Continuity Directive 2, Federal Executive Branch Mission Essential Functions and Candidate Primary Mission Essential Functions Identification and Submission Process.
PURPOSES OF THE SYSTEM:
The purpose of this system is to maintain emergency contact information for HUD personnel. The system provides high-speed message delivery that reaches all HUD personnel in response to alerts and notifications issued by the Department of Homeland Security, other Federal Operations Centers, and local emergency officials regarding weather related emergencies, national security incidents, or other critical situations that disrupt the operations and accessibility of a worksite. The system will also enable the Department to account for the safety of HUD personnel during an emergency or incident.
CATEGORIES OF INDIVIDUALS COVERED BY THE SYSTEM:
Federal employees, interns, and detailees.
CATEGORIES OF RECORDS IN THE SYSTEM:
Name, email address, phone number, organization/office of assignment, duty station, work address, and employee identification number. Individuals may voluntarily provide alternate contact information, personal email address or phone number.
RECORD SOURCE CATEGORIES:
Records are provided by individuals, reports obtained from the HUD Active Directory System, National Finance Center, and NFC Insight System.
ROUTINE USES OF RECORDS MAINTAINED IN THE SYSTEM, INCLUDING CATEGORIES OF USERS AND PURPOSES OF SUCH USES:
(1) To contractors, grantees, experts, consultants and their agents, or others performing or working under a contract, service, grant, or cooperative 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.
(2) 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.
(3) 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 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.
(4) 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.
(5) 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.
(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 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.
(8) To Federal, State, local, tribal, or territorial government emergency management agencies, law enforcement agencies, or first responders, including the Department of Homeland Security, Federal Emergency Management Agency and other Federal Operations Centers when necessary to coordinate emergency response operations, ensure personnel safety and accountability during emergency situations, or support continuity of operations activities. This includes sharing personnel location, contact information, and accountability
( printed page 39114)
status during active emergency incidents.
(9) To a court, magistrate, administrative tribunal, or arbitrator in the course of presenting evidence, including disclosures to opposing counsel or witnesses or jurors 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.
POLICIES AND PRACTICES FOR STORAGE OF RECORDS:
Records are stored in electronic and paper formats. Electronic records are maintained within HUD-authorized systems using encryption and restricted-access directories. Paper records are stored in secured offices or file cabinets with physical access controls.
POLICIES AND PRACTICES FOR RETRIEVAL OF RECORDS:
Records are retrievable by name, email address, phone number, organization/office assignment, duty station, work address, employee identification number.
POLICIES AND PRACTICES FOR RETENTION AND DISPOSAL OF RECORDS:
The system is subject to HUD's Records Disposition Schedule and NARA's General Records Schedule. Active records for current HUD personnel are maintained for the duration of employment. Records are retained for three years after separation from HUD, with longer retention authorized if required for business use, legal hold, or litigation. Electronic records are securely deleted, and paper records are shredded upon disposal. Notification logs and audit records are retained for three years for operational and security purposes.
ADMINISTRATIVE, TECHNICAL, AND PHYSICAL SAFEGUARDS:
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:
Docket No. FR-7062-N-09, 87 FR 44147, July 25, 2022.
Kimberly Morton,
Acting Chief Privacy Officer, Office of Administration.