Public Access to HUD Records under the Freedom of Information Act (FIOA) and Production of Material or Provisions of Testimony by HUD Employees

Forms and Documents

Forms and supporting documents for this ICR

Document	Type	Status	Availability
ICR 2501-FOIA.doc	Supporting Statement A	Uploaded 2008-08-12	Available

IC Document Collections

Information collection document groups

IC ID	Collection	Type	Status	Form
186080	Public Access to HUD Records under the Freedom of Information Act (FOIA) and Production of Material or Provision of Testimony by HUD Employees		New

ICR Details

OMB Control No: 2501-0022	ICR Reference No: 200808-2501-001
Status: Historical Inactive	Previous ICR Reference No:
Agency/Subagency: HUD/HUDSEC	Agency Tracking No:
Title: Public Access to HUD Records under the Freedom of Information Act (FIOA) and Production of Material or Provisions of Testimony by HUD Employees
Type of Information Collection: New collection (Request for a new OMB Control Number)	Common Form ICR:  No
Type of Review Request: Regular
OIRA Conclusion Action: Comment filed on proposed rule	Conclusion Date: 11/17/2008
	Date Received in OIRA: 08/12/2008
Terms of Clearance: HUD should resubmit this collection when the final rule has been resubmitted to OMB.

table that charts list comparision

	Inventory as of this Action	Requested	Previously Approved
Expiration Date		36 Months From Approved
Responses	0	0	0
Time Burden (Hours)	0	0	0
Cost Burden (Dollars)	0	0	0

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Abstract: The information requested allows the Department to evaluate demands for documents and testimony from the Department and its employees.

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Authorizing Statute(s): US Code: 5 USC 522 Name of Law: FIOA
  

Citations for New Statutory Requirements: None

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Associated Rulemaking Information
RIN:	Stage of Rulemaking:	Federal Register Citation:	Date:
2501-AD39	Proposed rulemaking	73 FR 156	08/12/2008

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Federal Register Notices & Comments

Did the Agency receive public comments on this ICR? No

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Number of Information Collection (IC) in this ICR: 1

table that charts list of burden

IC Title	Form No.	Form Name
Public Access to HUD Records under the Freedom of Information Act (FOIA) and Production of Material or Provision of Testimony by HUD Employees

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Burden increases because of Program Change due to Agency Discretion: Yes

Burden Increase Due to: Changing Regulations

Burden decreases because of Program Change due to Agency Discretion: No

Burden Reduction Due to:

Short Statement: In order to evaluate demands for documents or testimony, the Secretary needs specific information concerning the nature and the extent of the documents and the testimony sought, and the reasons that support its production. The rule requires that private litigants making demands for the production of material or the provision of employee testimony must include in their demands the following: (1) Be submitted in writing to the Department or employee of the Department, with a copy to the Appropriate Associate General Counsel or Appropriate Regional Counsel, no later than 30 days before the date the material or testimony is required; (2) State, with particularity, the material or testimony sought; (3) If testimony is requested, state (i) the intended use of the testimony, and (ii) whether expert or opinion testimony will be sought from the employee; (4) State whether the production of such material or provision of such testimony could reveal classified, confidential, or privileged material; (5) Summarize the need for and the relevance of the material or testimony sought in the legal proceeding and include a copy of the complaint, if available; (6) State whether the material or testimony is available from any other source and, if so, state all such other sources; (7) State why no document[s], or declaration or affidavit, could be used in lieu of oral testimony that is being sought; (8) Estimate the amount of time the employee will need in order to prepare for, travel to, and attend the legal proceeding, as appropriate; (9) State why the production of material or the provision of testimony is appropriate under the rules of procedure governing the legal proceeding for which it is sought (e.g., not unduly burdensome or otherwise inappropriate under the relevant rules governing discovery); and (10) Describe how producing such material or providing such testimony would affect the interests of the United States. The information contained in the demand will be used by the Secretary to determine whether and to what extent the Department will produce material or provide testimony by a HUD employee to a private litigant.

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Annual Cost to Federal Government: $8,000

Does this IC contain surveys, censuses, or employ statistical methods? No

Is the Supporting Statement intended to be a Privacy Impact Assessment required by the E-Government Act of 2002? No

Is this ICR related to the Affordable Care Act [Pub. L. 111-148 & 111-152]? Uncollected

Is this ICR related to the Dodd-Frank Wall Street Reform and Consumer Protection Act, [Pub. L. 111-203]? Uncollected

Is this ICR related to the American Recovery and Reinvestment Act of 2009 (ARRA)? Uncollected

Is this ICR related to the Pandemic Response? Uncollected

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Common Form ICR:  No

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On behalf of this Federal agency, I certify that the collection of information encompassed by this request complies with 5 CFR 1320.9 and the related provisions of 5 CFR 1320.8(b)(3).

The following is a summary of the topics, regarding the proposed collection of information, that the certification covers:

(a) It is necessary for the proper performance of agency functions;

(b) It avoids unnecessary duplication;

(c) It reduces burden on small entities;

(d) It uses plain, coherent, and unambiguous language that is understandable to respondents;

(e) Its implementation will be consistent and compatible with current reporting and recordkeeping practices;

(f) It indicates the retention periods for recordkeeping requirements;

(g) It informs respondents of the information called for under 5 CFR 1320.8 (b)(3) about:

(i) Why the information is being collected;

(ii) Use of information;

(iii) Burden estimate;

(iv) Nature of response (voluntary, required for a benefit, or mandatory);

(v) Nature and extent of confidentiality; and

(vi) Need to display currently valid OMB control number;

(h) It was developed by an office that has planned and allocated resources for the efficient and effective management and use of the information to be collected.

(i) It uses effective and efficient statistical survey methodology (if applicable); and

(j) It makes appropriate use of information technology.

If you are unable to certify compliance with any of these provisions, identify the item by leaving the box unchecked and explain the reason in the Supporting Statement.

Certification Date: 08/12/2008

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