Privacy Act of 1974; Notice of a New System of Records, Department of Housing and Urban Development-Veterans Affairs Supportive Housing (HUD-VASH), HUD/PIH.02, 26029-26032 [2012-10578]
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Federal Register / Vol. 77, No. 85 / Wednesday, May 2, 2012 / Notices
identity must include your original
signature and must be notarized.
CONTESTING RECORD PROCEDURES:
The Department’s rules for contesting
the contents of records and appealing
initial denials, by the individual
concerned, appear in 24 CFR part 16. If
additional information or assistance is
needed, it may be obtained by
contacting:
(i) Contesting contents of records: U.S.
Department of Housing and Urban
Development, Chief Privacy Officer, 451
Seventh Street SW., Washington, DC
20410;
(ii) Appeals of initial HUD
determinations: In relation to contesting
contents of records, the HUD
Departmental Privacy Appeals Officers,
Office of General Counsel, Department
of Housing and Urban Development,
451 Seventh Street SW., Washington,
DC 20410.
RECORD SOURCE CATEGORIES:
Information is obtained from the
record subjects and the Homeless
Management Information Systems in
participating Continuums of Care.
EXEMPTION FROM CERTAIN PROVISIONS OF THE
ACT:
None.
[FR Doc. 2012–10581 Filed 5–1–12; 8:45 am]
BILLING CODE 4210–67–P
DEPARTMENT OF HOUSING AND
URBAN DEVELOPMENT
[Docket No. FR–5613–N–03]
Privacy Act of 1974; Notice of a New
System of Records, Department of
Housing and Urban Development—
Veterans Affairs Supportive Housing
(HUD–VASH), HUD/PIH.02
Office of the Chief Information
Officer, HUD.
ACTION: Notification of the
establishment of a new Privacy Act
System of Records, Department of
Housing and Urban Development—
Veterans Affairs Supportive Housing
System (HUD–VASH), HUD/PIH.02.
Pursuant to the provision of
the Privacy Act of 1974, as amended (5
U.S.C. 552a), the Department of Housing
and Urban Development (HUD) is
providing notice of its intent to establish
a new system of records, Department of
Housing and Urban Development—
Veterans Affairs Supportive Housing
System (HUD–VASH), HUD/PIH.02.
DATES: Effective Date: This proposal
shall become effective, without further
notice, June 1, 2012, unless comments
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Dated: April 25, 2012.
Jerry E. Williams,
Chief Information Officer.
Interested persons are
invited to submit comments regarding
this notice to the Rules Docket Clerk,
Office of General Counsel, Department
of Housing and Urban Development,
451 Seventh Street SW., Room 10276,
Washington, DC 20410–3000.
Communications should refer to the
above docket number and title. FAX
comments are not acceptable. A copy of
each communication submitted will be
available for public inspection and
copying between 8:00 a.m. and
5:00 p.m. weekdays at the above
address.
SYSTEM NAME:
ADDRESSES:
FOR FURTHER INFORMATION CONTACT:
Inquiries pertaining to Privacy Act
records, contact Harold Williams,
Acting Chief Privacy Officer, telephone
number (202) 402–8087, 451 Seventh
Street SW., Room 4156, Washington, DC
20410. Regarding program related
inquiries contact Nicole Faison,
Program Advisor, telephone number
(202) 475–7963, 451 Seventh Street SW.,
Room PCFL1, Washington, DC 20410,
for the Office of Public and Indian
Housing (PIH): Real Estate Assessment
Center. [The above telephone numbers
are not toll free numbers.] A
telecommunications device for hearingand speech-impaired persons (TTY) is
available by calling the Federal
Information Relay Service’s toll-free
telephone number (800) 877–8339.
Pursuant
to the Privacy Act of 1974 (5 U.S.C.
552a), as amended, notice is given that
HUD proposes to establish a new system
of records identified as the Housing and
Urban Development—Veterans Affairs
Supportive Housing System (HUD–
VASH). Pursuant to the Privacy Act of
1974, as amended (5 U.S.C. 552a(e)(4)),
and 5 U.S.C. 552a(e)(11), the system
report was submitted to the Office of
Management and Budget (OMB), the
Senate Committee on Homeland
Security and Governmental Affairs, and
the House Committee on Government
Reform pursuant to Paragraph 4c of
Appendix l to OMB Circular No. A–130,
‘‘Federal Agencies Responsibilities for
Maintaining Records About
Individuals,’’ July 25, 1994 (59 FR
37914).
SUPPLEMENTARY INFORMATION:
AGENCY:
SUMMARY:
are received during or before this period
which would result in a contrary
determination.
Comments Due Date: June 1, 2012.
26029
Authority: 5 U.S.C. 552a; 88 Stat. 1896;
42 U.S.C. 3535(d).
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HUD/PIH.02
Housing and Urban Development—
Veterans Affairs Supportive Housing
System (HUD–VASH).
SYSTEM LOCATIONS:
The files will be maintained at the
following locations: U.S. Department of
Housing and Urban Development, 451
Seventh Street SW., Washington, DC
20410; and on servers located in
Charleston, WV. The servers are
maintained by HUD’s contractor,
Information Technology Services (HITS)
and HUD’s information technology
partners: Electronic Data Services (EDS)
and Lockheed Martin.
AUTHORITY FOR MAINTENANCE OF THE SYSTEM:
The U.S. Housing Act of 1937, as
amended, 42 U.S.C. 1437 et seq; Title VI
of the Civil Rights Act of 1962 (42
U.S.C. 2000d); The Fair Housing Act
(42 U.S.C. 3601–3619); The Housing
and Community Development Act of
1981, Public Law 97–35, 85 stat.,
348,408; The Housing and Community
Development Act of 1987, 42 U.S.C.
3543; The National Housing Act:
Research and Demonstrations, 12 U.S.C.
170z–1; and Establishment of
Department, 42 U.S.C. 3532(b).
PURPOSES:
HUD–VASH will serve as a national
repository of information related to
PHAs, HUD-assisted families, HUDassisted properties for the purpose of
monitoring and evaluating the
effectiveness of the HUD–VASH
program. Through a collaborative effort,
HUD and the Department of Veteran
Affairs (VA) seek to advance the goals
of the nation’s federal strategic plan to
prevent and end homelessness of
veterans through the collection,
analysis, and reporting of quality and
timely data on veterans’ homelessness.
HUD will use the data provided by VA
to track a veteran’s use of available HUD
and VA resources to secure affordable
rental housing; as well as monitor
administration of the HUD–VASH
program by Public Housing Agencies
(PHAs) and PHA-hired management
agents. HUD will compare VA-provided
data related to the HUD–VASH program
to data maintained in HUD’s system of
records, the Inventory Management
System, also known as the Public and
Indian Housing Information Center (PIC)
(referred hereinafter as IMS/PIC), HUD/
PIH.01 for the purpose of assisting HUD
and VA with the following: (1) Reducing
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homelessness among the nation’s
veterans; (2) identifying and
understanding the needs of homeless
veterans and developing programs and
services to address those needs; (3)
effectively administering the HUD–
VASH program by HUD and VA
business partners; (4) monitoring and
evaluating the HUD–VASH program;
and 5) producing aggregate statistical
data without any personal identifiers,
precluding the use of this data to make
decisions concerning the rights,
benefits, or privileges of specific
individuals, or providers of services
with respect to assistance provided
under the HUD–VASH program.
CATEGORIES OF INDIVIDUALS COVERED BY THE
SYSTEM:
Families residing in a HUD-assisted
property and/or receiving rental housing
assistance via the HUD–VASH program
administered by HUD, PHAs and PHAhired management agents.
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CATEGORIES OF RECORDS IN THE SYSTEM:
Records consist of the following
information as reported to HUD by VA,
PHAs and PHA-hired management
agents.
A. The following information is
provided to HUD by VA through a
current Data Use Agreement, Computer
Matching Agreement, or other
authorizing document pursuant to the
Federal Privacy Act (5 U.S.C. 552a, as
amended):
1. General information including:
Homeless Operational Management and
Evaluation System (HOMES) start date,
the name of the lease case manager, the
primary VA Medical Center (VAMC)
where the veteran is/has been seen; the
secondary VAMC where the veteran is/
has been seen (if applicable); and the
date that the HUD–VASH entry form
was completed;
2. Personally identifiable information
(PII) of the veteran including: the
veteran’s name, social security number
(SSN), date of birth, identification as to
whether or not the veteran entered the
HUD–VASH program, the date of HUD–
VASH program entry by the veteran, the
reason why the veteran did not enter the
HUD–VASH program (if applicable),
and the veteran’s current address;
3. A HUD–VASH monthly status
report including the following
information: the veteran’s voucher
status, the PHA code, the date the
referral package was forwarded to the
PHA, the date the voucher was issued/
denied by the PHA, the date the voucher
was revoked or expired (if applicable),
the date the veteran selected a home to
occupy, the date of the housing quality
inspection, the date the housing
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assistance payment was paid to the
landlord, the date the housing
assistance payment contract was signed,
the date the veteran moved into HUD–
VASH housing, the date the voucher
was ported (if applicable), an indication
of whether or not the veteran had
contact with a HUD–VASH clinician for
case management during the past 30
days, the veteran’s housing arrangement
and zip code during the reporting
period, a description of the veteran’s
employment pattern in the past 30 days,
an indication of whether or not the
veteran received any money in the past
30 days, an indication of whether or not
the veteran received any non-cash
benefit during the past 30 days, an
indication of whether or not the veteran
has a representative payee or fiduciary,
and the veteran’s responses to a service
satisfaction survey.
4. Exit information including: the date
the veteran ended participation in the
HUD–VASH program, the most
important reason why the veteran ended
participation in HUD–VASH case
management, status of the veteran’s
HUD–VASH voucher, veteran’s housing
arrangement and zip code after ending
participation in the HUD–VASH
program, the name of the individual the
veteran will be living with after ending
participation in the HUD–VASH
program, the veteran’s arrangement for
employment after ending participation
in the HUD–VASH program, the
veteran’s arrangement for receipt of VA
financial benefits (disability payments
or other support) after ending
participation in the HUD–VASH
program; and whether or not the veteran
received any money in the 30 days prior
to ending participation in the HUD–
VASH program.
B. The following information is
provided to HUD by PHAs and PHAhired management agents to HUD’s
existing system of records, IMS/PIC,
HUD/PIH.01:
1. PHA information: agency name,
HUD-assigned PHA code, and the HUD
program type in which the family
participates.
2. PHA point of contact information
for individuals that work for, and access
IMS/PIC and oversee the PHA’s
administration (i.e. Mayors, board
members, managers, directors, etc.:
individual’s name, agency’s physical
address, agency’s mailing address,
agency’s telephone numbers, email
addresses for points of contact.
3. Action information: type of action
(new admission, annual reexamination,
interim reexamination, portability
move-in, portability move-out, end of
participation, other change of unit,
Family Self Sufficiency/Welfare-to-
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Work (FSS/WTW) addendum only,
annual reexamination searching,
issuance of voucher, expiration of
voucher, annual Housing Quality
Standards (HQS) inspection, historical
adjustment, and void); effective date of
action, indication of correction of
previous submitted information, type of
correction, date family was admitted
into a PIH rental assistance program,
projected effective date of next
reexamination of family income and/or
composition, indication of whether or
not the family is or has participated in
the FSS program within the last year,
identification of special Section 8
program, identification of other special
HUD rental program(s) the family is
participating in, and ‘‘PHA Use Only’’
fields which are used by PHAs for
general administrative purposes or other
uses as prescribed by HUD.
4. Family composition (which
includes the following (PII) as reported
by the family and verified by PHAs and
PHA-hired management agents: last
name, first name, middle initial, date of
birth, age on effective date of action,
sex, relationship to head of household,
citizenship status, disability status, race,
ethnicity, SSN, alien registration
number, total number of household
members, family subsidy status under
the noncitizens rule, eligibility effective
date, and former head of household’s
SSN.
5. Geographical and unit information:
i. Background at admission
information as reported by the family:
date family entered the waiting list, zip
code before admission, whether or not
the family was homeless at time of
admission, whether or not the family
qualifies for admission over the very
low-income limit, whether or not the
family is continuously assisted under
the 1937 Housing Act, whether or not
there is a HUD-approved income
targeting disregard.
ii. Subsidized Unit information: unit
number and street address, city, state
and zip code in which the subsidized
unit is located, whether or not the
family’s mailing address is the same
address of the unit to be occupied by the
family, family’s mailing address (unit
number and street address, city, state,
and zip code) if different from the
address of the subsidized unit, number
of bedrooms, date the unit last passed
HQS inspection, date of last annual
HQS inspection, year the unit was built,
and the structure type of the unit.
6. Family assets information, as
reported by the family and verified by
PHAs and PHA-hired management
agents, which includes the type of asset,
cash value of the asset, anticipated
annual income derived from the asset,
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passbook rate, imputed asset income,
and final asset income.
7. Family income information, as
reported by the family and verified by
PHAs and PHA-hired management
agents, which includes the income
sources, PHA income calculations,
annual income derived from the income
sources, income exclusion amount in
accordance with HUD program
requirements and annual income
amount after deducting allowable
income exclusions for each household
member of the family, total household
annual income, amounts of permissible
deductions and other deductions to
annual income in accordance with HUD
program requirements, and amount of
family adjusted annual income.
8. Total tenant payment (TTP),
minimum rent amount, most recent TTP
amount, and tenant rent calculation
information in accordance with HUD
requirements for the specific PIH rental
assistance program the family is
currently participating in.
9. Family Self-Sufficiency (FSS) and
Welfare-to-Work (WTW) program
information: type of self-sufficiency
program the family is participating in,
FSS report category, FSS effective date,
PHA code of PHA administering FSS
contract, WTW report category, WTW
effective date of action, PHA code of
PHA that issued the WTW voucher,
PHA code of PHA counting the family
as enrolled in its WTW voucher
program if different than the PHA Code
of PHA that issued the WTW voucher;
and general information pertaining to
the employment status of the head of
household, date current employment
began, type of employment benefits
head of household receives from
employer, number of years of school
completed by the head of household,
type of other federal assistance received
by the family, number of children
receiving childcare services, and
optional information related to the type
of family services the family needs,
whether or not the need was met during
participation in the FSS or WTW
program, and the name of the service
provider; FSS contract, account and exit
information; and WTW voucher
program information.
ROUTINE USES OF RECORDS MAINTAINED IN THE
SYSTEM, INCLUDING CATEGORIES OF USERS AND
PURPOSES OF SUCH USES:
In addition to those disclosures
generally permitted pursuant to 5 U.S.C.
552a(b) of the Privacy Act, other routine
uses include:
Categories of users and routine uses of
information contained in HUD–VASH
may include:
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1. To a Congressional office from the
record of an individual in response to
an inquiry from that Congressional
office made at the request of the
individual to whom the records pertain;
2. To the National Archives and
Records Administration (NARA) for use
in its records management inspections
and its role as an Archivist;
3. To the Department of Justice (DOJ)
when seeking legal advice or for use in
any proceeding, or in preparation for
any proceeding, when HUD or any
component thereof disclose information
to DOJ during the course of an
investigation to the extent necessary to
obtain information pertinent to the
investigation under applicable HUD
administered rental housing assistance
programs;
4. To third parties during the course
of a law enforcement investigation to
the extent necessary to obtain
information pertinent to the
investigation;
5. To any federal, state, and local
agency pursuant to an approved
computer matching agreement (e.g.,
state agencies administering the state’s
unemployment compensation laws,
state welfare and food stamp agencies,
U.S. Department of Health and Human
Services, and U.S. Social Security
Administration): To verify the accuracy
and completeness of the data provided,
to verify eligibility or continued
eligibility in HUD’s rental assistance
programs, to identify and recover
improper payments in accordance with
the Improper Payments Elimination and
Recovery Act of 2010 (Pub. L. 111–204,
31 U.S.C. 3301 note and 31 U.S.C. 3321
note), and to aid in the identification of
tenant errors, fraud, and abuse in HUD
rental assistance programs through
HUD’s routine tenant income computer
matching programs in accordance with
the Federal Privacy Act and Computer
Matching and Privacy Protection Act;
6. To individuals under contract to
HUD or under contract to another
agency with funds provided by HUD:
For the preparation of studies and
statistical reports directly related to the
management of HUD’s rental assistance
programs, to support quality control for
tenant eligibility efforts requiring a
random sampling of tenant files to
determine the extent of administrative
errors, eligibility determinations, etc.,
(individuals provided information
under this routine use is subject to
Privacy Act requirements and limitation
on disclosures as are applicable to HUD
officials and employees);
7. To PHAs and PHA-hired
management agents, and auditors of
HUD rental housing assistance
programs: To verify program
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26031
compliance, continued eligibility and
the amount of housing assistance
received;
8. To PHAs and PHA-hired
management agents of HUD rental
housing assistance programs: To
identify and resolve discrepancies in
tenant and program data;
9. To researchers affiliated with
academic institutions, with not-forprofit organizations, or with federal,
state, or local governments, or to policy
researchers: Without personally
identifiable information: For the
performance of research and statistical
activities on housing and community
development issues (individuals
provided information under this routine
use is subject to Privacy Act
requirements and limitation on
disclosures as are applicable to HUD
officials and employees);
10. To HUD contractors, independent
public auditors and accountants, and
PHAs: For the purpose of conducting
oversight and monitoring of program
operations to determine compliance
with applicable laws and regulations,
and financial reporting requirements
(individuals provided information
under this routine use is subject to
Privacy Act requirements and limitation
on disclosures as are applicable to HUD
officials and employees);
11. To the U.S. Department of
Veterans Affairs (VA) for statistical
analysis to advance the goals of the
nation’s federal strategic plan to prevent
and end homelessness through the
collection, analysis, and reporting of
quality and timely data on veterans
homelessness to assist VA with the
establishment and/or verification of the
following: Reducing homelessness
among our nation’s veterans; identify
and understand the needs of homeless
veterans and to develop programs and
services to address those needs;
effective administration of the HUD–
Veterans Affairs Supportive Housing
(VASH) program by HUD and VA
business partners; HUD–VASH program
monitoring and evaluation; and the
production of aggregate statistical data
without any personal identifiers, which
will not be used to make decisions
concerning the rights, benefits, or
privileges of specific individuals, or
providers of services with respect to
assistance provided under the HUD–
VASH program;
12. To the U.S. Department of
Veterans Affairs (VA), under approved
computer matching agreement, or data
sharing agreement pursuant to a
Presidential Executive Order (EO)
mandate and in accordance with the
Federal Privacy Act and Computer
Matching and Privacy Protection Act:
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To identify and recover overpayments
(improper payments) of rental
assistance, determine compliance with
program requirements by program
administrators and participants of HUD
rental housing assistance programs,
deter future abuses in rental housing
assistance programs, reduce
administrative costs associated with
manual program evaluation and
monitoring efforts, and ensure that only
eligible participants receive rental
assistance in the correct amount;
13. To any Federal agency pursuant to
statutory or regulatory authority in
accordance with the provisions of the
U.S. Federal Privacy Act (5 USC 552a)
and Computer Matching and Privacy
Protection Act; and,
14. To appropriate agencies, entities,
and persons when: (a) HUD suspects or
has confirmed that the security or
confidentiality of information in a
system of records has been
compromised; (b) HUD has determined
that as a result of the suspected or
confirmed compromise there is a risk of
harm to economic or property interests,
identity theft or fraud, or harm to the
security or integrity of systems or
programs (whether maintained by HUD
or another agency or entity) that rely
upon the compromised information; and
(c) 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
compromise and prevent, minimize, or
remedy such harm for purposes of
facilitating responses and remediation
efforts in the event of a data breach.
POLICIES FOR STORING, RETRIEVING, AND
DISPOSING OF SYSTEM RECORDS
STORAGE:
Records are stored manually and
electronically in PHA office automation
equipment and paper files, respectively.
Records are also stored on HUD
computer servers for HUD and PHA staff
to access via the Internet. HUD’s
information technology partners,
Electronic Data Services (EDS) and
Lockheed Martin maintain disk and
backup files of IMS/PIC data.
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RETRIEVABILITY:
An individual’s records may be
retrieved by computer search of indices
by the individual’s name, date of birth,
and/or SSN. PHA records may be
retrieved by PHA Code, User ID, and/or
IMS/PIC user’s last name. Note: A user’s
search capability is limited to only those
program participants within the user’s
jurisdiction and assigned to his or her
User ID.
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SAFEGUARDS:
Records have limited access to those
persons whose official duties require the
use of such records. Computer files and
printed listings are maintained in
locked cabinets. Background screening,
limited authorization and access with
access limited to authorize personnel
and authorize users. User’s access,
updates access, read-only access, and
approval access based on the user’s role
and security access level.
HUD’s initial determination records are
outlined in 24 CFR Part 16.
CONTESTING RECORD PROCEDURES:
Electronic records are maintained and
destroyed in accordance with
requirements of the HUD Records
Disposition Schedule, 2225–6. In
accordance with 24 CFR 908.101 and
HUD record retention requirements at
24 CFR 85.42, PHAs are required to
retain at least three years’ worth of IMS/
PIC data either electronically or in paper
form.
The Department’s rules for contesting
the contents of records and appealing
initial denials, by the individual
concerned, appear in 24 CFR part 16. If
additional information or assistance is
needed, it may be obtained by
contacting:
i. Contesting contents of records: U.S.
Department of Housing and Urban
Development, Chief Privacy Officer, 451
Seventh Street SW., Washington, DC
20410;
ii. Appeals of initial HUD
determinations: In relation to contesting
contents of records, the HUD
Departmental Privacy Appeals Officers,
Office of General Counsel, Department
of Housing and Urban Development,
451 Seventh Street SW., Washington,
DC 20410.
SYSTEM MANAGERS AND ADDRESSES:
RECORD SOURCE CATEGORIES:
Office of Public and Indian Housing
(PIH), Real Estate Assessment Center
(REAC) Nicole Faison, HUD–VASH
Business Owner. Department of Housing
and Urban Development, 451 Seventh
Street SW., Room PCFL1, Washington,
DC 20410; John D. Strzalka, HUD–VASH
System Project Manager. Department of
Housing and Urban Development, 451
Seventh Street SW., Room PCFL2,
Washington, DC 20410.
HUD-VASH receives data from HUD
contractors, PHAs, PHA-hired
management agents, the Department of
Veteran Affairs, and other federal, state
and local agencies. The HUD-VASH
data reported by PHAs and PHA-hired
management agents is electronically
transmitted to IMS/PIC using PHAowned software or via HUD’s Family
Reporting Software (FRS) and
subsequently imported into HUDVASH.
RETENTION AND DISPOSAL:
NOTIFICATION AND RECORD ACCESS
PROCEDURES:
Individuals seeking to determine
whether this system of records contains
information about them, or those
seeking access to such records, should
address inquiries to Harold Williams,
Acting Chief Privacy Officer,
Department of Housing and Urban
Development, 451 Seventh Street SW.,
Room 4156, Washington, DC 20410.
Provide verification of your identity by
providing two proofs of official
identification. Your verification of
identity must include your original
signature and must be notarized.
CONTESTING RECORD PROCEDURES:
Since individual information reported
in HUD-VASH is submitted to HUD by
VA and PHAs based on information
collected directly from the individual,
individuals must contact the VA and
PHA, respectively, to request correction
of any individual-supplied information
reported incorrectly by the VA or PHA.
HUD does not have the ability to modify
VA or PHA-reported data within HUDVASH. With respect to any HUD
determination based on HUD-VASH
data, the procedures for appealing
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EXEMPTIONS FROM CERTAIN PROVISIONS OF THE
ACT:
None.
[FR Doc. 2012–10578 Filed 5–1–12; 8:45 am]
BILLING CODE 4210–67–P
DEPARTMENT OF THE INTERIOR
Fish and Wildlife Service
[FWS–R9–MB–2012–N102; 91200–1232–
0000–P2]
Proposed Information Collection;
Control and Management of Resident
Canada Geese
Fish and Wildlife Service,
Interior.
ACTION: Notice; request for comments.
AGENCY:
We (U.S. Fish and Wildlife
Service) will ask the Office of
Management and Budget (OMB) to
approve the information collection (IC)
described below. As required by the
Paperwork Reduction Act of 1995 and
as part of our continuing efforts to
reduce paperwork and respondent
burden, we invite the general public and
SUMMARY:
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]]>Agencies
[Federal Register Volume 77, Number 85 (Wednesday, May 2, 2012)]
[Notices]
[Pages 26029-26032]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2012-10578]
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DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT
[Docket No. FR-5613-N-03]
Privacy Act of 1974; Notice of a New System of Records,
Department of Housing and Urban Development--Veterans Affairs
Supportive Housing (HUD-VASH), HUD/PIH.02
AGENCY: Office of the Chief Information Officer, HUD.
ACTION: Notification of the establishment of a new Privacy Act System
of Records, Department of Housing and Urban Development--Veterans
Affairs Supportive Housing System (HUD-VASH), HUD/PIH.02.
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SUMMARY: Pursuant to the provision of the Privacy Act of 1974, as
amended (5 U.S.C. 552a), the Department of Housing and Urban
Development (HUD) is providing notice of its intent to establish a new
system of records, Department of Housing and Urban Development--
Veterans Affairs Supportive Housing System (HUD-VASH), HUD/PIH.02.
DATES: Effective Date: This proposal shall become effective, without
further notice, June 1, 2012, unless comments are received during or
before this period which would result in a contrary determination.
Comments Due Date: June 1, 2012.
ADDRESSES: Interested persons are invited to submit comments regarding
this notice to the Rules Docket Clerk, Office of General Counsel,
Department of Housing and Urban Development, 451 Seventh Street SW.,
Room 10276, Washington, DC 20410-3000. Communications should refer to
the above docket number and title. FAX comments are not acceptable. A
copy of each communication submitted will be available for public
inspection and copying between 8:00 a.m. and 5:00 p.m. weekdays at the
above address.
FOR FURTHER INFORMATION CONTACT: Inquiries pertaining to Privacy Act
records, contact Harold Williams, Acting Chief Privacy Officer,
telephone number (202) 402-8087, 451 Seventh Street SW., Room 4156,
Washington, DC 20410. Regarding program related inquiries contact
Nicole Faison, Program Advisor, telephone number (202) 475-7963, 451
Seventh Street SW., Room PCFL1, Washington, DC 20410, for the Office of
Public and Indian Housing (PIH): Real Estate Assessment Center. [The
above telephone numbers are not toll free numbers.] A
telecommunications device for hearing- and speech-impaired persons
(TTY) is available by calling the Federal Information Relay Service's
toll-free telephone number (800) 877-8339.
SUPPLEMENTARY INFORMATION: Pursuant to the Privacy Act of 1974 (5
U.S.C. 552a), as amended, notice is given that HUD proposes to
establish a new system of records identified as the Housing and Urban
Development--Veterans Affairs Supportive Housing System (HUD-VASH).
Pursuant to the Privacy Act of 1974, as amended (5 U.S.C. 552a(e)(4)),
and 5 U.S.C. 552a(e)(11), the system report was submitted to the Office
of Management and Budget (OMB), the Senate Committee on Homeland
Security and Governmental Affairs, and the House Committee on
Government Reform pursuant to Paragraph 4c of Appendix l to OMB
Circular No. A-130, ``Federal Agencies Responsibilities for Maintaining
Records About Individuals,'' July 25, 1994 (59 FR 37914).
Authority: 5 U.S.C. 552a; 88 Stat. 1896; 42 U.S.C. 3535(d).
Dated: April 25, 2012.
Jerry E. Williams,
Chief Information Officer.
HUD/PIH.02
SYSTEM NAME:
Housing and Urban Development--Veterans Affairs Supportive Housing
System (HUD-VASH).
SYSTEM LOCATIONS:
The files will be maintained at the following locations: U.S.
Department of Housing and Urban Development, 451 Seventh Street SW.,
Washington, DC 20410; and on servers located in Charleston, WV. The
servers are maintained by HUD's contractor, Information Technology
Services (HITS) and HUD's information technology partners: Electronic
Data Services (EDS) and Lockheed Martin.
AUTHORITY FOR MAINTENANCE OF THE SYSTEM:
The U.S. Housing Act of 1937, as amended, 42 U.S.C. 1437 et seq;
Title VI of the Civil Rights Act of 1962 (42 U.S.C. 2000d); The Fair
Housing Act (42 U.S.C. 3601-3619); The Housing and Community
Development Act of 1981, Public Law 97-35, 85 stat., 348,408; The
Housing and Community Development Act of 1987, 42 U.S.C. 3543; The
National Housing Act: Research and Demonstrations, 12 U.S.C. 170z-1;
and Establishment of Department, 42 U.S.C. 3532(b).
PURPOSES:
HUD-VASH will serve as a national repository of information related
to PHAs, HUD-assisted families, HUD-assisted properties for the purpose
of monitoring and evaluating the effectiveness of the HUD-VASH program.
Through a collaborative effort, HUD and the Department of Veteran
Affairs (VA) seek to advance the goals of the nation's federal
strategic plan to prevent and end homelessness of veterans through the
collection, analysis, and reporting of quality and timely data on
veterans' homelessness. HUD will use the data provided by VA to track a
veteran's use of available HUD and VA resources to secure affordable
rental housing; as well as monitor administration of the HUD-VASH
program by Public Housing Agencies (PHAs) and PHA-hired management
agents. HUD will compare VA-provided data related to the HUD-VASH
program to data maintained in HUD's system of records, the Inventory
Management System, also known as the Public and Indian Housing
Information Center (PIC) (referred hereinafter as IMS/PIC), HUD/PIH.01
for the purpose of assisting HUD and VA with the following: (1)
Reducing
[[Page 26030]]
homelessness among the nation's veterans; (2) identifying and
understanding the needs of homeless veterans and developing programs
and services to address those needs; (3) effectively administering the
HUD-VASH program by HUD and VA business partners; (4) monitoring and
evaluating the HUD-VASH program; and 5) producing aggregate statistical
data without any personal identifiers, precluding the use of this data
to make decisions concerning the rights, benefits, or privileges of
specific individuals, or providers of services with respect to
assistance provided under the HUD-VASH program.
CATEGORIES OF INDIVIDUALS COVERED BY THE SYSTEM:
Families residing in a HUD-assisted property and/or receiving
rental housing assistance via the HUD-VASH program administered by HUD,
PHAs and PHA-hired management agents.
CATEGORIES OF RECORDS IN THE SYSTEM:
Records consist of the following information as reported to HUD by
VA, PHAs and PHA-hired management agents.
A. The following information is provided to HUD by VA through a
current Data Use Agreement, Computer Matching Agreement, or other
authorizing document pursuant to the Federal Privacy Act (5 U.S.C.
552a, as amended):
1. General information including: Homeless Operational Management
and Evaluation System (HOMES) start date, the name of the lease case
manager, the primary VA Medical Center (VAMC) where the veteran is/has
been seen; the secondary VAMC where the veteran is/has been seen (if
applicable); and the date that the HUD-VASH entry form was completed;
2. Personally identifiable information (PII) of the veteran
including: the veteran's name, social security number (SSN), date of
birth, identification as to whether or not the veteran entered the HUD-
VASH program, the date of HUD-VASH program entry by the veteran, the
reason why the veteran did not enter the HUD-VASH program (if
applicable), and the veteran's current address;
3. A HUD-VASH monthly status report including the following
information: the veteran's voucher status, the PHA code, the date the
referral package was forwarded to the PHA, the date the voucher was
issued/denied by the PHA, the date the voucher was revoked or expired
(if applicable), the date the veteran selected a home to occupy, the
date of the housing quality inspection, the date the housing assistance
payment was paid to the landlord, the date the housing assistance
payment contract was signed, the date the veteran moved into HUD-VASH
housing, the date the voucher was ported (if applicable), an indication
of whether or not the veteran had contact with a HUD-VASH clinician for
case management during the past 30 days, the veteran's housing
arrangement and zip code during the reporting period, a description of
the veteran's employment pattern in the past 30 days, an indication of
whether or not the veteran received any money in the past 30 days, an
indication of whether or not the veteran received any non-cash benefit
during the past 30 days, an indication of whether or not the veteran
has a representative payee or fiduciary, and the veteran's responses to
a service satisfaction survey.
4. Exit information including: the date the veteran ended
participation in the HUD-VASH program, the most important reason why
the veteran ended participation in HUD-VASH case management, status of
the veteran's HUD-VASH voucher, veteran's housing arrangement and zip
code after ending participation in the HUD-VASH program, the name of
the individual the veteran will be living with after ending
participation in the HUD-VASH program, the veteran's arrangement for
employment after ending participation in the HUD-VASH program, the
veteran's arrangement for receipt of VA financial benefits (disability
payments or other support) after ending participation in the HUD-VASH
program; and whether or not the veteran received any money in the 30
days prior to ending participation in the HUD-VASH program.
B. The following information is provided to HUD by PHAs and PHA-
hired management agents to HUD's existing system of records, IMS/PIC,
HUD/PIH.01:
1. PHA information: agency name, HUD-assigned PHA code, and the HUD
program type in which the family participates.
2. PHA point of contact information for individuals that work for,
and access IMS/PIC and oversee the PHA's administration (i.e. Mayors,
board members, managers, directors, etc.: individual's name, agency's
physical address, agency's mailing address, agency's telephone numbers,
email addresses for points of contact.
3. Action information: type of action (new admission, annual
reexamination, interim reexamination, portability move-in, portability
move-out, end of participation, other change of unit, Family Self
Sufficiency/Welfare-to-Work (FSS/WTW) addendum only, annual
reexamination searching, issuance of voucher, expiration of voucher,
annual Housing Quality Standards (HQS) inspection, historical
adjustment, and void); effective date of action, indication of
correction of previous submitted information, type of correction, date
family was admitted into a PIH rental assistance program, projected
effective date of next reexamination of family income and/or
composition, indication of whether or not the family is or has
participated in the FSS program within the last year, identification of
special Section 8 program, identification of other special HUD rental
program(s) the family is participating in, and ``PHA Use Only'' fields
which are used by PHAs for general administrative purposes or other
uses as prescribed by HUD.
4. Family composition (which includes the following (PII) as
reported by the family and verified by PHAs and PHA-hired management
agents: last name, first name, middle initial, date of birth, age on
effective date of action, sex, relationship to head of household,
citizenship status, disability status, race, ethnicity, SSN, alien
registration number, total number of household members, family subsidy
status under the noncitizens rule, eligibility effective date, and
former head of household's SSN.
5. Geographical and unit information:
i. Background at admission information as reported by the family:
date family entered the waiting list, zip code before admission,
whether or not the family was homeless at time of admission, whether or
not the family qualifies for admission over the very low-income limit,
whether or not the family is continuously assisted under the 1937
Housing Act, whether or not there is a HUD-approved income targeting
disregard.
ii. Subsidized Unit information: unit number and street address,
city, state and zip code in which the subsidized unit is located,
whether or not the family's mailing address is the same address of the
unit to be occupied by the family, family's mailing address (unit
number and street address, city, state, and zip code) if different from
the address of the subsidized unit, number of bedrooms, date the unit
last passed HQS inspection, date of last annual HQS inspection, year
the unit was built, and the structure type of the unit.
6. Family assets information, as reported by the family and
verified by PHAs and PHA-hired management agents, which includes the
type of asset, cash value of the asset, anticipated annual income
derived from the asset,
[[Page 26031]]
passbook rate, imputed asset income, and final asset income.
7. Family income information, as reported by the family and
verified by PHAs and PHA-hired management agents, which includes the
income sources, PHA income calculations, annual income derived from the
income sources, income exclusion amount in accordance with HUD program
requirements and annual income amount after deducting allowable income
exclusions for each household member of the family, total household
annual income, amounts of permissible deductions and other deductions
to annual income in accordance with HUD program requirements, and
amount of family adjusted annual income.
8. Total tenant payment (TTP), minimum rent amount, most recent TTP
amount, and tenant rent calculation information in accordance with HUD
requirements for the specific PIH rental assistance program the family
is currently participating in.
9. Family Self-Sufficiency (FSS) and Welfare-to-Work (WTW) program
information: type of self-sufficiency program the family is
participating in, FSS report category, FSS effective date, PHA code of
PHA administering FSS contract, WTW report category, WTW effective date
of action, PHA code of PHA that issued the WTW voucher, PHA code of PHA
counting the family as enrolled in its WTW voucher program if different
than the PHA Code of PHA that issued the WTW voucher; and general
information pertaining to the employment status of the head of
household, date current employment began, type of employment benefits
head of household receives from employer, number of years of school
completed by the head of household, type of other federal assistance
received by the family, number of children receiving childcare
services, and optional information related to the type of family
services the family needs, whether or not the need was met during
participation in the FSS or WTW program, and the name of the service
provider; FSS contract, account and exit information; and WTW voucher
program information.
ROUTINE USES OF RECORDS MAINTAINED IN THE SYSTEM, INCLUDING CATEGORIES
OF USERS AND PURPOSES OF SUCH USES:
In addition to those disclosures generally permitted pursuant to 5
U.S.C. 552a(b) of the Privacy Act, other routine uses include:
Categories of users and routine uses of information contained in
HUD-VASH may include:
1. To a Congressional office from the record of an individual in
response to an inquiry from that Congressional office made at the
request of the individual to whom the records pertain;
2. To the National Archives and Records Administration (NARA) for
use in its records management inspections and its role as an Archivist;
3. To the Department of Justice (DOJ) when seeking legal advice or
for use in any proceeding, or in preparation for any proceeding, when
HUD or any component thereof disclose information to DOJ during the
course of an investigation to the extent necessary to obtain
information pertinent to the investigation under applicable HUD
administered rental housing assistance programs;
4. To third parties during the course of a law enforcement
investigation to the extent necessary to obtain information pertinent
to the investigation;
5. To any federal, state, and local agency pursuant to an approved
computer matching agreement (e.g., state agencies administering the
state's unemployment compensation laws, state welfare and food stamp
agencies, U.S. Department of Health and Human Services, and U.S. Social
Security Administration): To verify the accuracy and completeness of
the data provided, to verify eligibility or continued eligibility in
HUD's rental assistance programs, to identify and recover improper
payments in accordance with the Improper Payments Elimination and
Recovery Act of 2010 (Pub. L. 111-204, 31 U.S.C. 3301 note and 31
U.S.C. 3321 note), and to aid in the identification of tenant errors,
fraud, and abuse in HUD rental assistance programs through HUD's
routine tenant income computer matching programs in accordance with the
Federal Privacy Act and Computer Matching and Privacy Protection Act;
6. To individuals under contract to HUD or under contract to
another agency with funds provided by HUD: For the preparation of
studies and statistical reports directly related to the management of
HUD's rental assistance programs, to support quality control for tenant
eligibility efforts requiring a random sampling of tenant files to
determine the extent of administrative errors, eligibility
determinations, etc., (individuals provided information under this
routine use is subject to Privacy Act requirements and limitation on
disclosures as are applicable to HUD officials and employees);
7. To PHAs and PHA-hired management agents, and auditors of HUD
rental housing assistance programs: To verify program compliance,
continued eligibility and the amount of housing assistance received;
8. To PHAs and PHA-hired management agents of HUD rental housing
assistance programs: To identify and resolve discrepancies in tenant
and program data;
9. To researchers affiliated with academic institutions, with not-
for-profit organizations, or with federal, state, or local governments,
or to policy researchers: Without personally identifiable information:
For the performance of research and statistical activities on housing
and community development issues (individuals provided information
under this routine use is subject to Privacy Act requirements and
limitation on disclosures as are applicable to HUD officials and
employees);
10. To HUD contractors, independent public auditors and
accountants, and PHAs: For the purpose of conducting oversight and
monitoring of program operations to determine compliance with
applicable laws and regulations, and financial reporting requirements
(individuals provided information under this routine use is subject to
Privacy Act requirements and limitation on disclosures as are
applicable to HUD officials and employees);
11. To the U.S. Department of Veterans Affairs (VA) for statistical
analysis to advance the goals of the nation's federal strategic plan to
prevent and end homelessness through the collection, analysis, and
reporting of quality and timely data on veterans homelessness to assist
VA with the establishment and/or verification of the following:
Reducing homelessness among our nation's veterans; identify and
understand the needs of homeless veterans and to develop programs and
services to address those needs; effective administration of the HUD-
Veterans Affairs Supportive Housing (VASH) program by HUD and VA
business partners; HUD-VASH program monitoring and evaluation; and the
production of aggregate statistical data without any personal
identifiers, which will not be used to make decisions concerning the
rights, benefits, or privileges of specific individuals, or providers
of services with respect to assistance provided under the HUD-VASH
program;
12. To the U.S. Department of Veterans Affairs (VA), under approved
computer matching agreement, or data sharing agreement pursuant to a
Presidential Executive Order (EO) mandate and in accordance with the
Federal Privacy Act and Computer Matching and Privacy Protection Act:
[[Page 26032]]
To identify and recover overpayments (improper payments) of rental
assistance, determine compliance with program requirements by program
administrators and participants of HUD rental housing assistance
programs, deter future abuses in rental housing assistance programs,
reduce administrative costs associated with manual program evaluation
and monitoring efforts, and ensure that only eligible participants
receive rental assistance in the correct amount;
13. To any Federal agency pursuant to statutory or regulatory
authority in accordance with the provisions of the U.S. Federal Privacy
Act (5 USC 552a) and Computer Matching and Privacy Protection Act; and,
14. To appropriate agencies, entities, and persons when: (a) HUD
suspects or has confirmed that the security or confidentiality of
information in a system of records has been compromised; (b) HUD has
determined that as a result of the suspected or confirmed compromise
there is a risk of harm to economic or property interests, identity
theft or fraud, or harm to the security or integrity of systems or
programs (whether maintained by HUD or another agency or entity) that
rely upon the compromised information; and (c) 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 compromise and prevent, minimize, or remedy such harm for
purposes of facilitating responses and remediation efforts in the event
of a data breach.
POLICIES FOR STORING, RETRIEVING, AND DISPOSING OF SYSTEM RECORDS
STORAGE:
Records are stored manually and electronically in PHA office
automation equipment and paper files, respectively. Records are also
stored on HUD computer servers for HUD and PHA staff to access via the
Internet. HUD's information technology partners, Electronic Data
Services (EDS) and Lockheed Martin maintain disk and backup files of
IMS/PIC data.
RETRIEVABILITY:
An individual's records may be retrieved by computer search of
indices by the individual's name, date of birth, and/or SSN. PHA
records may be retrieved by PHA Code, User ID, and/or IMS/PIC user's
last name. Note: A user's search capability is limited to only those
program participants within the user's jurisdiction and assigned to his
or her User ID.
SAFEGUARDS:
Records have limited access to those persons whose official duties
require the use of such records. Computer files and printed listings
are maintained in locked cabinets. Background screening, limited
authorization and access with access limited to authorize personnel and
authorize users. User's access, updates access, read-only access, and
approval access based on the user's role and security access level.
RETENTION AND DISPOSAL:
Electronic records are maintained and destroyed in accordance with
requirements of the HUD Records Disposition Schedule, 2225-6. In
accordance with 24 CFR 908.101 and HUD record retention requirements at
24 CFR 85.42, PHAs are required to retain at least three years' worth
of IMS/PIC data either electronically or in paper form.
SYSTEM MANAGERS AND ADDRESSES:
Office of Public and Indian Housing (PIH), Real Estate Assessment
Center (REAC) Nicole Faison, HUD-VASH Business Owner. Department of
Housing and Urban Development, 451 Seventh Street SW., Room PCFL1,
Washington, DC 20410; John D. Strzalka, HUD-VASH System Project
Manager. Department of Housing and Urban Development, 451 Seventh
Street SW., Room PCFL2, Washington, DC 20410.
NOTIFICATION AND RECORD ACCESS PROCEDURES:
Individuals seeking to determine whether this system of records
contains information about them, or those seeking access to such
records, should address inquiries to Harold Williams, Acting Chief
Privacy Officer, Department of Housing and Urban Development, 451
Seventh Street SW., Room 4156, Washington, DC 20410. Provide
verification of your identity by providing two proofs of official
identification. Your verification of identity must include your
original signature and must be notarized.
CONTESTING RECORD PROCEDURES:
Since individual information reported in HUD-VASH is submitted to
HUD by VA and PHAs based on information collected directly from the
individual, individuals must contact the VA and PHA, respectively, to
request correction of any individual-supplied information reported
incorrectly by the VA or PHA. HUD does not have the ability to modify
VA or PHA-reported data within HUD-VASH. With respect to any HUD
determination based on HUD-VASH data, the procedures for appealing
HUD's initial determination records are outlined in 24 CFR Part 16.
CONTESTING RECORD PROCEDURES:
The Department's rules for contesting the contents of records and
appealing initial denials, by the individual concerned, appear in 24
CFR part 16. If additional information or assistance is needed, it may
be obtained by contacting:
i. Contesting contents of records: U.S. Department of Housing and
Urban Development, Chief Privacy Officer, 451 Seventh Street SW.,
Washington, DC 20410;
ii. Appeals of initial HUD determinations: In relation to
contesting contents of records, the HUD Departmental Privacy Appeals
Officers, Office of General Counsel, Department of Housing and Urban
Development, 451 Seventh Street SW., Washington, DC 20410.
RECORD SOURCE CATEGORIES:
HUD-VASH receives data from HUD contractors, PHAs, PHA-hired
management agents, the Department of Veteran Affairs, and other
federal, state and local agencies. The HUD-VASH data reported by PHAs
and PHA-hired management agents is electronically transmitted to IMS/
PIC using PHA-owned software or via HUD's Family Reporting Software
(FRS) and subsequently imported into HUD-VASH.
EXEMPTIONS FROM CERTAIN PROVISIONS OF THE ACT:
None.
[FR Doc. 2012-10578 Filed 5-1-12; 8:45 am]
BILLING CODE 4210-67-P
