Privacy Act of 1974; System of Records, 1121-1125 [2024-00186]

Agencies

• DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT

[Federal Register Volume 89, Number 6 (Tuesday, January 9, 2024)]
[Notices]
[Pages 1121-1125]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-00186]


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DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT

[Docket No.: FR-7092-N-02]


Privacy Act of 1974; System of Records

AGENCY: Office of Public and Indian Housing, HUD.

ACTION: Notice of a modified system of records.

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SUMMARY: Under the Privacy Act of 1974, as amended, the Department of 
Housing and Urban Development (HUD), Office of Public and Indian 
Housing (PIH) is modifying system of records notice, the Inventory 
Management System (IMS), also known as the Public and Indian Housing 
Information Center (IMS/PIC), to amend and replace the current system 
of records with one that encompasses both the IMS/PIC and the Housing 
Information Portal (HIP) system, add three new routine uses and a new 
collection authority. The updates are explained in the ``Supplementary 
Section'' of this notice. The system name is changing from IMS/PIC to 
IMS/PIC-HIP because HUD is adding functionality from HIP to the IMS/PIC 
system. The existing scope, objectives, business processes, and uses 
being made of the data by HUD remains unchanged.

DATES: Comments will be accepted on or before February 8, 2024. The 
SORN becomes effective immediately, while the routine uses become 
effective after the comment period immediately upon publication except 
for the routine uses, which will become 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 docket number or by 
one of these methods:
    Federal e-Rulemaking Portal: https://www.regulations.gov. Follow the 
instructions provided on that site to submit comments electronically.
    Fax: 202-619-8365.

[[Page 1122]]

    Email: [email protected].
    Mail: Attention: Privacy Office; Mr. Ladonne White, Chief Privacy 
Officer, Office of the Executive Secretariat; 451 Seventh 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 https://www.regulations.gov. including any 
personal information provided.
    Docket: For access to the docket to read background documents or 
comments received go to https://www.regulations.gov.

FOR FURTHER INFORMATION CONTACT: LaDonne White, 451 Seventh Street SW, 
Room 10139, Washington, DC 20410-0001, telephone number (202) 708-3054 
(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 Housing Information Portal (HIP) system 
will replace, enhance, and augment the functionality currently 
performed by Inventory Management System and Public and Indian Housing 
Information Center (IMS/PIC), while reducing the administrative burden 
on Public Housing Authorities (PHAs) for providing information to HUD 
through a new form/data submission mechanism. HIP is a modernized, 
flexible, scalable, internet-based integrated system, which enables 
PHA, Tribe/Tribally Designated Housing Entities (TDHE) and HUD users to 
access a common database of affordable housing information via the 
internet. IMS/PIC and HIP will operate in parallel until such time as 
HIP is able to fully replace IMS/PIC. The enhanced technology used by 
the HIP system will also enable critical new policy initiatives, 
including the expansion of the Moving to Work (MTW) Expansion program 
mandated by the 2016 Consolidated Appropriations Act and several 
programmatic changes resulting from the Housing Opportunities Through 
Modernization Act of 2016 (HOTMA). HUD is publishing this notice to 
amend and replace the current system of records titled as IMS/PIC with 
one that encompasses both the IMS/PIC and HIP systems, add three new 
routine uses to the Routine Use Section and add to the collection 
authority section published in the Federal Register on March 25, 2019, 
at 84 FR 11117. The three new additions to the Routine Uses section 
allow for sharing of data with Universal Service Administrative Company 
(USAC)/Federal Communications Commission (FCC) to establish eligibility 
for benefits administered by USAC for families which also participate 
in a HUD rental assistance program, and to any Federal, State, or local 
agency to verify the accuracy and completeness of the eligibility data 
for HUD rental assistance program, and HUD to enter into cooperative 
agreements and other types of agreements for the purposes of 
statistical analysis and research in support of program operations. The 
addition to the collection authority covers the data collected by 
Tribes/TDHE and their-hired management agents and entered HIP via the 
Tribal HUD-Veterans Affairs Supportive Housing (VASH) reporting tool. 
The changes also include an update to the name of the system manager.

SYSTEM NAME AND NUMBER:
    Inventory Management System, Public and Indian Housing Information 
Center (IMS/PIC) and Housing Information Portal (HIP), HUD/PIH-01.

SECURITY CLASSIFICATION:
    Unclassified.

SYSTEM LOCATION:
    Records are maintained at these locations: U.S. Department of 
Housing and Urban Development Headquarters, 451 Seventh Street SW, 
Washington, DC 20410-0001; IMS/PIC servers are in Charleston, WV; and 
are accessed through the internet. The servers are maintained by HUD 
Information Technology Services (HITS) contractor, and HUD's 
information technology partner: Perspecta. 15052 Conference Center 
Drive, Chantilly, VA 20151.

SYSTEM MANAGER(S):
    Ashley Sheriff, Deputy Assistant Secretary, Real Estate Assessment 
Center (REAC), 550 12th Street SW, Suite 100, Washington, DC 20410. 
(202) 475-7949.

AUTHORITY FOR MAINTENANCE OF THE SYSTEM:
    United States Housing Act of 1937 (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 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); and the Native American 
Housing Assistance and Self-Determination Act of 1996, Public Law 104-
330, 110 Stat. 4016.

PURPOSE(S) OF THE SYSTEM:
    IMS/PIC and HIP serve as a national repository of information 
related to PHAs, Tribally Designated Housing Entities (TDHE), HUD-
assisted families, HUD assisted properties, and other HUD programs, for 
the purpose of monitoring and evaluating the effectiveness of PIH 
rental housing assistance programs. IMS/PIC and HIP allow PHAs, TDHEs, 
and their-hired management agents to electronically submit information 
to HUD that is related to the administration of HUD's PIH programs. 
They collect data for PIH operations, including data submitted via the 
internet from HUD's field offices, and accurately tracks activities and 
processes. IMS/PIC and HIP also help to increase sharing of information 
throughout PIH and HUD, which improves staff awareness of activities 
related to the administration of HUD subsidized housing programs. IMS/
PIC and HIP are flexible, scalable, internet-based integrated systems, 
which enables PHA and TDHE users, and HUD personnel to access a common 
database via their web browser. IMS/PIC and HIP aids HUD and entities 
that administer HUD's assisted housing programs in: (a) Increasing the 
effective distribution of rental assistance to individuals that meet 
the requirements of Federal rental assistance programs; (b) detecting 
abuses in assisted housing programs; (c) taking administrative or legal 
actions to resolve past and current abuses of assisted housing 
programs; (d) monitoring compliance with HUD program requirements; (e) 
deterring abuses by verifying the employment and income of tenants at 
the time of annual and interim reexaminations of family income and 
composition via the PIH Enterprise Income Verification (EIV) system; 
(f) evaluating program effectiveness; (g) improving PHA and TDHE IMS/
PIC and HIP reporting rates; (h) forecasting budgets; (i) controlling 
funds; (j) updating tenant information; and (k) updating building and 
unit data.

CATEGORIES OF INDIVIDUALS COVERED BY THE SYSTEM:
    Families residing in a HUD-assisted property and/or receiving 
rental housing assistance via programs administered by the Department 
of Housing and Urban Development; PHAs and their hired management 
agents; TDHEs and their hired management agents; and individuals who 
have received or applied for housing-related disaster assistance from 
the Federal Emergency Management Agency (FEMA).

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CATEGORIES OF RECORDS IN THE SYSTEM:
    Records consist of the following information as reported to HUD by 
PHAs, TDHEs, and their hired management agents, and other governmental 
agencies:
    1. Agency information: Agency name, HUD-assigned code, HUD program 
type family participates in; project number, building number, building 
number, building entrance number, and unit number (applicable to only 
the Public Housing program).
    2. Agency contact information.
    a. Agency point of contact information for individuals that work 
for, and access IMS/PIC and HIP and oversee the agency'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, and email addresses for point of contacts).
    b. PHA and TDHE IMS/PIC and HIP system user's information: Name, 
telephone number, fax number, email address, mailing address, agency 
website address.
    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 (FSS), annual reexamination searching (Section 8 program 
only), issuance of voucher (Section 8 program only), expiration of 
voucher (Section 8 program only), flat rent annual updated (Public 
Housing program only), annual HQS inspection (Section 8 program only), 
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, projected date of next flat rent annual updated 
(applicable only to the Public Housing program), 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 (applicable only 
to the 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 personally 
identifiable information) as reported by the family and verified by 
PHAs, TDHEs, and their-hired management agents: Last name, first name, 
middle initial, place of birth, date of birth, age (age on effective 
date of action), sex, gender, relationship to head of household, 
citizenship status, disability status, race, ethnicity, social security 
number, tax identification number, alien registration number, 
compliance with community service or self-sufficiency requirement for 
public housing tenants, total number of household members, family 
subsidy status under the noncitizens rule, eligibility effective date, 
and former head of household's social security number.
    5. Geographical and unit information:
    a. 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.
    b. Subsidized Unit information: Unit number and street address, 
city, State and zip code in which the subsidized unit is located, 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, whether or not the 
unit is an accessible unit (applicable to the Public Housing program 
only), whether or not the family has requested accessibility features 
(applicable to the Public Housing program only), whether or not the 
family has received the requested accessibility features (applicable to 
the Public Housing program only), date the unit last passed Housing 
Quality Standards (HQS) inspection (applicable to the Section 8 program 
only, except Homeownership and Project-Based Vouchers programs), date 
of last annual HQS inspection (applicable to the Section 8 program 
only, except Homeownership and Project-Based Vouchers programs), year 
the unit was built (applicable to the Section 8 program only), and the 
structure type of the unit (applicable to the Section 8 program only).
    6. Family assets information, as reported by the family and 
verified by PHAs, TDHEs, and their hired management agents, which 
includes the type of asset, cash value of the asset, anticipated annual 
income derived from the asset, passbook rate, imputed asset income, and 
final asset income.
    7. Family income information, as reported by the family and 
verified by PHAs, TDHEs, and their hired management agents, which 
includes the income source, Income calculations, annual income derived 
from the income source, income exclusion amount in accordance with HUD 
program requirements and annual income amount after deducting allowable 
income exclusion 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) 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, 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 program, and the name of the service 
provider; FSS contract, account and exit information; and FSS contract, 
account and exit information.
    10. Disaster assistance information: Records from FEMA, shared with 
HUD pursuant to an approved computer matching agreement, to enable 
effective delivery of aid in the wake of a disaster. Includes 
information about applicants for FEMA assistance, including name, 
social security number, address, type and amount of disaster damage, 
type and amount of assistance provided by FEMA.

RECORD SOURCE CATEGORIES:
    Individuals, HUD staff; HUD contractors; PHAs, TDHEs, and their 
hired management agents; the Social Security Administration; the 
Department of Veteran Affairs; the Federal Emergency Management Agency; 
and other Federal, State and local agencies. The IMS/PIC and HIP

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data reported by PHAs, TDHEs, and their hired management agents is 
electronically transmitted to IMS/PIC and HIP using agency owned 
software or via HUD's Family Reporting Software (FRS). The Tribal HUD-
VASH module in HIP is used by the TDHEs and their hired management 
agents to record data as required by the Tribal HUD-VASH program.

ROUTINE USES OF RECORDS MAINTAINED IN THE SYSTEM, INCLUDING CATEGORIES 
OF USERS AND PURPOSES OF SUCH USES:
    1. 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.
    2. To the HUD Geocoding Service Center (GSC) to obtain geographic 
information for records in the system.
    3. 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 in making rent 
calculations, eligibility determinations, etc., and for processing 
reexaminations (individuals provided information under this routine use 
are subject to Privacy Act requirements and limitation on disclosures 
as are applicable to HUD officials and employees).
    4. To PHAs, TDHEs, and their hired management agents, and auditors 
of HUD rental housing assistance programs: To verify the accuracy and 
completeness of tenant data used in determining eligibility and 
continued eligibility and the amount of housing assistance received.
    5. To PHAs, TDHEs, and their hired management agents of HUD rental 
housing assistance programs: To identify and resolve discrepancies in 
tenant data.
    6. 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 are subject to Privacy Act requirements and 
limitation on disclosures as are applicable to HUD officials and 
employees).
    7. To HUD contractors, independent public auditors and accountants, 
PHAs, and TDHEs: 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 are subject to Privacy Act 
requirements and limitation on disclosures as are applicable to HUD 
officials and employees).
    8. 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.
    9. To the U.S. Department of Veterans Affairs (VA), under an 
approved computer matching agreement, or data sharing agreement 
pursuant to a Presidential Executive Order (E.O.) mandate and in 
accordance with the Federal Privacy Act and Computer Matching and 
Privacy Protection Act: 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.
    10. To the FEMA, under an approved computer matching agreement, or 
data sharing agreement pursuant to a Presidential E.O. mandate in 
accordance with the Federal Privacy Act and Computer Matching and 
Privacy Protection Act: To identify existing families which participate 
in a HUD rental assistance program and are currently receiving housing 
assistance.
    11. To State, local and Tribal governments receiving HUD disaster 
recovery grants, and to PHAs: To ensure effective delivery of disaster 
recovery aid, to prevent duplication of benefits between HUD and other 
Federal agencies, and to address unmet needs of disaster victims.
    12. To appropriate agencies, entities, and persons when (1) [the 
agency] suspects or has confirmed that there has been a breach of the 
system of records,[middot] (2) [the agency] has determined that as a 
result of the suspected or confirmed breach there is a risk of harm to 
individuals, [the agency] (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 [the agency's] 
efforts to respond to the suspected or confirmed breach or to prevent, 
minimize, or remedy such harm.
    13. To another Federal agency or Federal entity, when [the agency] 
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.
    14. To the Universal Service Administrative Company (USAC), which 
is designated by the Federal Communications Commission (FCC) as the 
Federal administrator of the Universal Service Fund (USF or Fund) 
Lifeline Program (Lifeline), the Emergency Broadband Benefit (EBB) 
program and other Federal Telecommunications Benefit (FTB) programs 
that utilizes Lifeline eligibility criteria as specified by the 
Lifeline program, 47 CFR 54.409. The purpose of this routine use is to 
establish eligibility for the Lifeline, EBB and other FTB programs for 
families which also participate in a HUD rental assistance program.
    15. To any Federal, State, or local agency (e.g., State agencies 
administering the State's unemployment compensation laws, Temporary 
Assistance to Needy Families, or

[[Page 1125]]

Supplemental Nutrition Assistance Program 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 under the Payment 
Integrity Information Act of 2019, Public Law 116-117., and to aid in 
the identification of tenant errors, fraud, and abuse in assisted 
housing programs.
    16. To contractors, grantees, experts, consultants, Federal 
agencies, and non-Federal entities, including, but not limited to, 
State and local governments and other research institutions or their 
parties, and entities and their agents with whom HUD has a contract, 
service agreement, grant, cooperative agreement, or other agreement for 
the purposes of statistical analysis and research in support of program 
operations, management, performance monitoring, evaluation, risk 
management, and policy development, or to otherwise support the 
Department's mission. Research and analysis activities may include the 
matching of the records in this system with information from any other 
source.

POLICIES AND PRACTICES FOR STORAGE OF RECORDS:
    Electronic and paper.

POLICIES AND PRACTICES FOR RETRIEVAL OF RECORDS:
    Records are retrieved by name and Social Security Number.

POLICIES AND PRACTICES FOR RETENTION AND DISPOSAL OF RECORDS:
    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 and HIP data either electronically or in paper form.

ADMINISTRATIVE, TECHNICAL, AND PHYSICAL SAFEGUARDS:
    Records are maintained at the U.S. Department of Housing and Urban 
Development in Washington, DC with limited access to those persons 
whose official duties require the use of such records. Computer files 
and printed listings are maintained in locked cabinets. User's access, 
updates access, read-only access, and approval access are granted based 
on the user's role and security access level.

RECORD ACCESS PROCEDURES:
    Individuals requesting records of themselves should address written 
inquiries to the Department of Housing Urban and 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 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-7077-N-07 published on March 25, 2019, at 88 FR 
17004.

LaDonne White,
Chief Privacy Officer, Office of Administration.
[FR Doc. 2024-00186 Filed 1-8-24; 8:45 am]
BILLING CODE 4210-67-P