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.
$8,000
No
No
Uncollected
Uncollected
Uncollected
Uncollected
Nancy Christopher 202 708-0300
ext. 2364
No
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:
(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;
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.
ICR 2501-FOIA.doc
Public Access to HUD Records under the Freedom of Information Act (FOIA) and Production of Material or Provision of Testimony by HUD Employees