transgender policy - HUD

Hello,

The attached letter is in reference to your Freedom of Information Act (FOIA) request dated and received on September 19, 2019. You asked for a copy of any internal communications between Department of Housing and Urban Development employees up to and including the director which include the words "transgender" and/or "transsexual" and/or "transgenders" and/or "trannies." Including, any electronic messaging, policy development documentation, legal communications, between other government agencies, and handwritten notes.

Please be advised that HUD will comply with your request to the extent permissible by law. Any records not subject to an exemption will be forwarded to you promptly upon completion of the Department's search and review process. However, your request is too broad and vague to be processed. Asking for copies of internal communications between employees up to and including the director doesn't provide a narrow enough scope. The Department performs electronic searches by custodial names, has many employees at HUD, and you haven't provided any HUD employee names in which to utilize for a search. Also, you initially state, "internal communications" and then later state "communications between other US government agencies." You need to specify whose records you want, or, if you truly only want internal records.

Please clarify your request within 15 business days from the date of this letter. If I do not hear from you within that time, your request will be withdrawn. Please be advised that such an action will not preclude you from filing other requests in the future. If you wish to clarify your request, please email your clarification to eugene.a.mcgirt@hud.gov<mailto:eugene.a.mcgirt@hud.gov> or submit it to the following address:

U.S. Department of Housing and Urban Development

Office of the Executive Secretariat, FOIA Branch

451 Seventh Street, SW, Room 10139

Washington, DC 20410-3000

Attention: Eugene McGirt
Telephone: (202) 402-4315

I received your updated request asking for "any communications including the provided list of words both internally, and between the Executive Office of the President (EOP) and the Department of Justice".

But, you still haven't provided any HUD employee names in which to utilize for a search.

The Department performs electronic searches by custodial names, has many employees at HUD, and you need to provide names (or program office) in which to search.

HUD doesn't utilize a system that allows for a "keyword search of recorded messages for the keyword list [you] provided" unless it's connected to a custodian's name.

Most submitted requests of this nature indicate employee names in which to conduct a search.

Names are usually provided based on the requester having an idea of the parties involved.

It seems that communicating about this via phone would provide an easier opportunity for clarity than our current fax/email method.

Ben Carson is the Secretary and Brian Montgomery is the Deputy Secretary.

Your request asks for emails of HUD employees. It requires utilization of the Department's eDiscovery tool for a search for responsive records. The Department's eDiscovery tool is contracted with a third-party. The system utilized by this contractor auto-assigns a collection date on a first-in-first-out basis, and is capable of collecting records for a set number of custodians per day. As a result, the Department does not maintain direct control over the collection process and cannot alter the scheduled collection date for a particular request.

Given the high volume of requests for eDiscovery searches, the third-party system is operating at capacity with a significant backlog. Once the record collection has been completed, responsive records will be delivered to the FOIA Branch for review. At that time, we will work diligently to finalize your request as quickly as possible.

The request is still open and pending.

The request is still open and pending.

Hello, Please, let me know, viaemail to me at your earliest convenience, whether or not you are stillinterested in receiving a response to your Department of Housing and UrbanDevelopment FOIA request 19-FI-HQ-02010. I have been reassigned to process this request due to the priorprocessor’s FOIA Branch departure. You must confirm via email atwilliam.d.smith@hud.gov to me within 10 business days from the date of thisnotice that you want to continue with your request. If you do not confirm thatyou are still interested in receiving a response to your HUD FOIA requestwithin that time, your request will be administratively withdrawn. Please beadvised that such an action will not preclude you from filing this or otherrequests in the future. Currently, along withthe present incoming FOIA requests, we are still working to complete your FOIArequest as well as all the other backlogged FOIA requests. Our effort is toprovide responses to FOIA requesters who are still interested inreceiving them. We must apply theDepartments’ first in and first out FOIA procedures, as there are many requestssurrounding each other.  However, if you are still interested, I assureyou that we will provide a response to your request as soon as possible. The Departmentapologizes for the delay in processing your FOIA request. HUD has experiencedchanges that have contributed to a tremendous backlog and extensive delays inthe ability to process incoming requests in a timely manner. We look forward to youremail response.

Hello Ms. Crose, This is in response to your August 20, 2020, email for a status of your FOIA request 19-FI-HQ-02010. As was conveyed to you in the Department’sinitial acknowledgement letter, once HUD properly receives a FOIA request, theDepartment has 20 business days within which to make a determination on therequest unless unusual circumstances exist. Under unusual circumstances, HUDcan extend the 20-day time limit for processing a request. Currently, along with the present incoming FOIA requests, we arestill working to complete your FOIA request as well as all the other backloggedFOIA requests. In addition, y our request asksfor electronic communications and/or calendar entries of at least one HUDemployee. Your request requires utilization of the Department’s eDiscovery toolto search for responsive records. The Department’s eDiscovery tool iscontracted with a third-party that uses a system which auto-assigns acollection date on a first-in and first-out basis and is only capable ofcollecting records for a set number of custodians per day.  As a result,the Department does not maintain direct control over the collection process andcannot alter the scheduled collection date for a particular request. Given the high volume of requests for eDiscovery searches, the third-partysystem is operating at capacity with a significant backlog.  Once therecord collection has been completed, responsive records will be delivered tothe FOIA Branch for review.  At that time, we will work diligently tofinalize your request as quickly as possible. Your eDiscovery search requesthas been scheduled to begin October 22, 2020. Our effort is to provide responses to all FOIA requesterswho are still interested in receiving them. In doingso, w e must apply the Departments’ first in and first out FOIAprocedures, as there are many requests surrounding each other.  However,if you are still interested, I assure you that we will provide a response toyour request as soon as possible. Please, let me know, via email to me at yourearliest convenience, whether or not you are still interested in receiving aresponse to your Department of Housing and Urban Development FOIA request. You must confirm via email atwilliam.d.smith@hud.gov to me within 10 business days from the date of thisnotice that you want to continue with your request. If you do not confirm thatyou are still interested in receiving a response to your HUD FOIA requestwithin that time, your request will be administratively withdrawn. Please beadvised that such an action will not preclude you from filing this or otherrequests in the future. The Department apologizes for the delay in processing your FOIArequest. HUD has experienced changes that have contributed to a tremendousbacklog and extensive delays in the ability to process incoming requests in atimely manner and as stated, w e will work diligently to finalize yourrequest as quickly as possible. If you wish to modify your FOIA request for any reason at thistime, please send your request modification to me via my email address shownabove, at william.d.smith@hud.gov ,as soon as possible to enable the Department to initiate the process for anappropriate response to you. Also, you may contact the Office ofGovernment Information Services (OGIS) at the National Archives and RecordsAdministration to inquire about the FOIA mediation services they offer. The contact information for OGIS is as follows: Officeof Government Information Services National Archives and Records Administration 8601Adelphi Road-OGIS CollegePark, Maryland 20740-6001 Telephone: 202-741-5770, toll free at 1-877-684-6448 FAX:202- 741-5769 Email:at ogis@nara.gov If you decide to appeal, your appeal should include copies ofyour original request and this response, as well as a discussion of the reasonssupporting the appeal. The envelope should be plainly marked to indicate that itcontains a FOIA appeal and be addressed to: U.S. Department of Housing andUrban Development Attention:  FOIA Appeals Office of General Counsel Office of Ethics and Appeals LawDivision 451Seventh Street, SW, Suite 2130 Washington, DC 20410 Telephone:(202) 708-3815 Youmay also submit your appeal on line at: https://www.hud.gov/program_ offices/administration/foia/ foiaappealsor email at HUDFOIAappeasls@hud.gov .

Ditto the 8/20/2020 reply.

Sincerely,
William Smith
HUD Exec Sec/FOIA Branch
(202) 402-2141

Hello Ms. Crose,
Yes, your FOIA request will be answered as long as you are still interested in receiving a response the Department will provide a response. Also, your question is answered in the 8/20/2020 email to you forwarded below.

In addition, please keep in mind that the Department’s FOIA Branch staff does not conduct searches required to respond to FOIA request. The searches are conducted by the Department’s program office subject matter experts.

Sincerely,
William Smith
HUD Exec Sec/FOIA Branch
(202) 402-2141

Hello Ms. Crose

Your question is answered in the 8/20/2020 email forwarded to you below.

In addition, please keep in mind that the Department’s FOIA Branch staff does not conduct searches required to respond to FOIA request. The searches are conducted by the Department’s program office subject matter experts. As stated in the 8/20/2020 email to you forwarded below, the Department’s subject matter experts have scheduled 10/20/2020 to conduct a search for responses to your FOIA request.

Afterward the search has been concluded, the Department’s FOIA Branch staff will be notified to enable an update to you.

Sincerely,

William Smith
HUD Exec Sec/FOIA Branch
(202) 402-2141

Hello Emily Crose,
This FOIA request 19-FI-HQ-02010 has been approved for access on 10/5/2021 by the Departments’ eDiscovery search team. All the search results must be reviewed prior to the Departments’ response. There are many search results being reviewed ahead of this one in accordance to the Departments’ first in and first out processing procedures. However, the Departments’ response will be provided as soon as possible.

Sincerely,
William Smith
FOIA Branch

Hello Ms. Crose:
This email acknowledges the Department of Housing and Urban Development’s present processing of your Freedom of Information Act (FOIA) request and that unusual circumstances exists.
Pursuant to the FOIA, 5 USC 552(a)(6)(A)(i), once HUD properly receives a FOIA request, the Department has 20 working days within which to make a determination on the request unless unusual circumstances exist. Under unusual circumstances, such as an agency’s backlog, or the need to examine a voluminous amount of records required by the request, HUD can extend the 20-day time limit for processing a request. Presently, unusual and exceptional circumstances exist.

As was previously relayed to you, HUD has experienced FOIA staff changes that have contributed to a tremendous backlog and extensive delays in the ability to process incoming requests in a timely manner. Other changes as well as field policy changes that have contributed to a tremendous backlog and extensive delays in the ability to process incoming requests in a timely manner. Our effort is to provide responses to all FOIA requesters who are still interested in receiving them. In doing so, we must apply the Departments’ first in and first out FOIA procedures, as there are many requests surrounding each other.
Therefore, we are asking that you please keep in mind the following:
1. Presently unusual and exceptional circumstances exists within the Department’s FOIA processing program;
2. Although the FOIA provides a right of access to federal agency records that exist and can be located in federal agency files, the FOIA does not require agencies to conduct research for requesters, to analyze data,
to answer questions, to create new records (such as lists or statistics) in response to a FOIA request or provide regular updates; and
​
3. You have an option to reschedule your FOIA request by amending your request to reduce its volume or withdraw your request for a later date more suitable.

You may modify your request to assist in avoiding further delays in attempt to meet a deadline due date, if any, and/or to reduce FOIA fees when any. If you wish to modify your FOIA request for any reason, at this time, please send your request modification to me via my email address shown above at william.d.smith@hud.gov, within 10 business days from the date of this notice as soon as possible to enable the Department to initiate the process for an appropriate response to you. Again, If I don’t hear from you within that time, the Department will conclude that you do not want to modify your request to reduce its volume nor withdraw your request for a later date more suitable for you.

The Department apologizes for any delay occurrences while processing your FOIA request.
​The FOIA Public Liaison is responsible for increasing transparency, understanding the status of requests, and resolving disputes between you and the agency. If you need assistance in any of these matters please send an email to Deborah R. Snowden at FOIAExecSec@hud.gov<mailto:Deborah%20R.%20Snowden%20at%20FOIAExecSec@hud.gov>.
Also, you may contact the Office of Government Information Services (OGIS) at the National Archives and Records Administration to inquire about the FOIA mediation services they offer. The contact information for OGIS is as follows:
Office of Government Information Services
National Archives and Records Administration
8601 Adelphi Road-OGIS
College Park, Maryland 20740-6001
​
Telephone: 202-741-5770, toll free at 1-877- 684-6448
FAX: 202- 741-5769
​ Email: at ogis@nara.gov
​
If you decide to appeal, your appeal should include copies of your original request and this response, as well as a discussion of the reasons supporting the appeal. The envelope should be plainly marked to indicate that it contains a FOIA appeal and be addressed to:

U.S. Department of Housing and Urban Development
Attention: FOIA Appeals
Office of General Counsel
Office of Ethics and Appeals Law Division
451 Seventh Street, SW, Suite 2130
Washington, DC 20410
Telephone: (202) 708-3815
​
You may also submit your appeal via email at HUDFOIAappeasls@hud.gov<mailto:HUDFOIAappeasls@hud.gov>.

​We await your response and thank you for your interest in the Department’s programs and policies.

Sincerely,
William Smith
FOIA Branch

U.S. DEPARTMENT OF HOUSINGAND URBAN DEVELOPMENT WASHINGTON, DC 20410-3000 OFFICE OF ADMINISTRATION February 2, 2022 Ms. Emily Crose MuckRock News, DEPT MR 80677 411A Highland Avenue Somerville, MA 02144-2516 RE: Freedom of InformationAct Request FOIA Control No.:  19-FI-HQ-02010 Dear Ms. Crose: This letteris in reference to your Freedom of Information Act (FOIA) request dated And received September 19, 2019. You asked the Department of Housing and UrbanDevelopment for the following: Any internal communications between theSecretary and his Deputy Secretaries of HUD which include the words"transgender" and/or "transsexual" and/or"transgenders" and/or "trannies." Please consider any electronic messaging,policy development documentation, legal communications, between other USgovernment agencies, and handwritten notes to be responsive to this request.(Date Range for Record Search: From 10/1/2016 To 9/20/2019). TheDepartment apologizes for the delay in processing your FOIA request. HUD has experienced changes that havecontributed to unusual circumstances; a tremendous backlog; and extensivedelays in the ability to process incoming requests in a timely manner. I wanted to inform you that your FOIA requestwas recently reassigned to me for processing from a Government InformationSpecialist who is no longer with the agency. Also, I wanted to check with you to see if youare still interested in receiving the information regarding this request. Please confirm that you want to continue withyour request within 10 business days from the date of this letter to william.d.smith@hud.govor mail to the following address: U.S. Department of Housing and Urban Development Attention:William Smith Officeof the Executive Secretariat, FOIA Branch 451Seventh Street, SW, Room 10139 Washington,DC 20410-3000 If I don’t hear from you within that time,your request will be administratively withdrawn. Please be advised that such an action will notpreclude you from filing other requests in the future. Thankyou for your interest in the Department’s programs and policies. Sincerely, William Smith William Smith Government Information Specialist HUD FOIA Branch

Hello Ms. Emily Crose,
You must now resubmit your FOIA request due to no response to clarify your request, nor a response to receive an interest reply from you.

Sincerely,to
William Smith
HUD FOIA OFFICE

Hello Ms. Crose,

I’ve searched the Departments’ email data for the emails you’ve indicated as sent in your email below. My last email to you was sent 11/15/2021, seeking a response from you.

Please, provide your response due during the remaining days of the year 2021. If not, please resubmit your FOIA request to enable the Department proceed fiscal year 2023 processing of your request.

Sincerely,
William Smith
HUD FOIA OFFICE

Hello:
Ms. Crose, please resubmit your FOIA request at the following link https://hudpal.efoia-host.com
This will enable the Department proceed fiscal year 2023 processing of your request.

Sincerely,
William Smith
HUD FOIA OFFICE

Please see the attached correspondence regarding the above referenced subject matter.

Thank you.

Dear Ms. Crose:

This email acknowledges the Department of Housing and Urban Development’s receipt of your Freedom of Information Act (FOIA) request dated September 19, 2019. Your request was received in the Department’s FOIA Office on September 19, 2019.  Searches were initiated on your behalf.
The Department apologizes for the delay in processing your FOIA request.  HUD has experienced changes that have contributed to a tremendous backlog and extensive delays in the ability to process incoming requests in a timely manner. Also, I wanted to check with you to see if you are still interested in receiving the information regarding this request.  Please confirm that you want to continue with your request within 15 business days from the date of this letter to William Smith, email to
william.d.smith@hud.gov or mail to the following address: U.S. Department of Housing and Urban Development Attention: William Smith Office of Administration, FOIA Office 451 Seventh Street, SW, Room 10139 Washington, DC 20410-3000 If I don’t hear from you within that time, your request will be administratively withdrawn.  Please be advised that such an action will not preclude you from filing the same or future requests.   Thank you for your interest in the Department’s programs and policies.
Sincerely, William Smith HUD FOIA Branch

Hello:
Ms. Crose, thanks for informing us of your interest in HUD FOIA request 21-FI-HQ-02010/23-A-HQ-00018. As previously mentioned to you via email, access to search results have been provided by the Departments’ eDiscovery system search technicians. Beyond my control, the search results will be reviewed by the Departments’ FOIA eDiscovery Processing Team as soon as possible.

Sincerely,
William Smith
HUD FOIA OFFICE

Hello:
Ms. Crose, thanks for informing us of your interest in HUD FOIA request 21-FI-HQ-02010/23-A-HQ-00018. As previously mentioned to you via email, access to search results have been provided by the Departments’ eDiscovery system search technicians. Beyond my control, the search results will be reviewed and processed by the Departments’ FOIA eDiscovery Processing Team, as soon as possible, for a response to you.
Sincerely,
William Smith
HUD FOIA OFFICE

Dear Ms. Crose:
In response to your June 5, 2023, email forwarded below, this email further acknowledges the Department of Housing and Urban Development’s receipt of your Freedom of Information Act (FOIA) request dated September 19, 2019. Your request was received in the Department’s FOIA Office on September 19, 2019.
Pursuant to the FOIA, 5 USC 552(a)(6)(A)(i), once HUD properly receives a FOIA request, the Department has 20 working days within which to make a determination on the request unless unusual circumstances exist. Under unusual circumstances, such as an agency’s backlog, or the need to examine a voluminous amount of records required by the request, HUD can extend the 20-day time limit for processing a request. As of June 6, 2023, HUD’s FOIA Office has a large number of open FOIA requests ahead of yours. Based upon HUD’s experience and current inventory, it is estimated that it may take an extended amount of time to complete processing of your request. I will look towards having an interim response provided you, should you inform me that you will accept an interim response via email to me, as soon as possible, at william.d.smith@hud.gov<mailto:william.d.smith@hud.gov>.
HUD’s policy is to process FOIA requests using “multi-track processing,” which allows the Department to process FOIA requests on a first-in/first-out basis, within each track. HUD places FOIA requests in its routine or complex track based on the amount of work and time involved in processing the request. The criteria for assignment to a specific track are found in HUD’s FOIA regulations, 24 CFR 15.105(a), which were published in the Federal Register on January 22, 2001, at 66 FR 6964. Your request is being processed on the routine track. Please note that upon further evaluation of your request, you may be notified that your request has been transferred to another track.
The Department will comply with your request to the extent permissible by law. Any records not subject to an exemption will be forwarded to you promptly upon the completion of HUD’s search and review process. Your request has been assigned to William Smith for processing. If you have any questions regarding your request, please contact me, William Smith, at william.d.smith@hud.gov<mailto:william.d.smith@hud.gov> .
Thank you for your interest in the Department’s programs and policies.
Sincerely,
William Smith
HUD FOIA OFFICE

Hello:
Dear Ms. Crose, please refer to your 2/7/2023 reply to 23-A-HQ-0013.

Sincerely,
William Smith
HUD FOIA OFFICE