[Federal Register Volume 77, Number 72 (Friday, April 13, 2012)]
[Notices]
[Pages 22337-22340]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2012-8968]
[[Page 22337]]
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DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT
[Docket No. FR-5613-N-01]
Privacy Act of 1974; Amendment to an Existing System of Records,
Inventory Management System Also Known as the Public and Indian Housing
Information Center
AGENCY: Office of the Chief Information Officer, HUD.
ACTION: Notification of an amendment to an existing Privacy Act System
of Records, Inventory Management System (IMS), also known as the Public
and Indian Housing (PIH) Information Center (PIC), HUD/PIH.01.
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SUMMARY: HUD is amending HUD/PIH.01 to reflect changes in the following
sections, which involve participants and PIH program administrators of
the Public Housing, Section 8 Certificate, Section 8 Tenant-Based
Assistance (Housing Choice Voucher (HCV)), Section 8 Project-Based, and
Section 8 Moderate Rehabilitation programs: Categories of Individuals
Covered by the System, Categories of Records in the System, Purposes of
the System, and Routine Uses of Records Maintained in the System,
including Categories of Users and purposes of such use. These sections
are revised to reflect the present status of the information contained
in the system. The existing scope, objectives, and business processes
in place for this program remain unchanged. A more detailed description
of the present system is contained in this notice. This notice
supersedes the previously published notice on October 6, 2008, at 73 FR
58256.
DATES: Effective Date: This proposal shall become effective, without
further notice, May 14, 2012, unless comments are received during or
before this period which would result in a contrary determination.
Comments Due Date: May 14, 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 a.m. and 5 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 Number
4156, Washington, DC 20410. Regarding program-related inquiries:
contact Nicole Faison, Program Advisor, telephone number (202) 475-
7963, Washington, DC 20410, for the Office of Public and Indian Housing
(PIH). [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: HUD intends to modify an existing Privacy
Act system of records notice to create a new routine use exception to
permit information sharing with the U.S. Department of Veterans Affairs
for the purpose of advancing the goals of the nation's federal
strategic plan to prevent and end homelessness among veterans through
the collection, analysis, and reporting of quality and timely data on
homelessness. Pursuant to the Privacy Act of 1974, as amended (5 U.S.C.
552a(e)(4)(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). This notice supersedes the
previously published notice on October 6, 2008 at 73 FR 58256.
Authority: 5 U.S.C. 552a; 88 Stat. 1896; 42 U.S.C. 3535(d).
Dated: April 5, 2012.
Kevin R. Cooke,
Deputy Chief Information Officer.
HUD/PIH.01
SYSTEM NAME:
Inventory Management System (IMS), also known as the Public and
Indian Housing (PIH) Information Center (PIC), HUD/PIH.01. Note: This
system was previously enumerated as HUD/PIH-4. With the publication of
this notice, HUD will now reference the system number of HUD/PIH.01 to
IMS/PIC.
SYSTEM LOCATIONS:
The files are maintained at the following locations: U.S.
Department of Housing and Urban Development, 451 Seventh Street, SW.,
Washington, DC 20410; and IMS/PIC servers are located 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 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; 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; and The Housing and Community
Development Act of 1987, 42 U.S.C. 3543.
PURPOSES:
IMS/PIC serves as a national repository of information related to
Public Housing Authorities (PHAs), HUD-assisted families, HUD-assisted
properties for the purpose of monitoring and evaluating the
effectiveness of PIH rental housing assistance programs. IMS/PIC allows
PHAs and PHA-hired management agents to electronically submit
information to HUD that is related to the administration of HUD's PIH
programs. It collects data for PIH operations, including data submitted
via the Internet from HUD's field offices, and accurately tracks
activities and processes. IMS/PIC also helps 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 is a flexible, scalable, internet-based integrated
system, which enables PHA users and HUD personnel to access a common
database of PHA information via their web browser. IMS/PIC 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 IMS/PIC reporting rate; (h) forecasting budgets; (i)
controlling funds; (j) updating tenant information; and (k) updating
building and unit data.
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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, Public Housing Agencies (PHAs) and
PHA-hired management agents.
CATEGORIES OF RECORDS IN THE SYSTEM:
Records consist of the following information as reported to HUD by
PHAs and PHA-hired management agents:
1. PHA information: agency name, HUD-assigned PHA Code, HUD program
type family participates in; project number, building number, building
entrance number, and unit number (applicable to only the Public Housing
program).
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 point of contacts.
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, FSS/WTW addendum
only, 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 Family Self-sufficiency (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 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, social security 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,
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 and PHA-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 and PHA-hired management agents, which includes the
income source, PHA 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) 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.
10. PHA IMS/PIC system user's information: Name, telephone number,
fax number, email address, mailing address, agency Web site address.
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 IMS/
PIC may include:
1. To a Congressional office from the record of an individual in
response to
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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 law enforcement
investigation to the extent necessary to obtain information pertinent
to the investigation;
5. To GEO Coding Service Center system to obtain GEO coding for all
HUD-subsidized units;
6. 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 assisted housing programs through HUD's tenant
income computer matching programs in accordance with the Federal
Privacy Act and Computer Matching and Privacy Protection Act;
7. 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 re-
examinations (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);
8. To PHAs and PHA-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;
9. To PHAs and PHA-hired management agents of HUD rental housing
assistance programs: To identify and resolve discrepancies in tenant
data;
10. 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);
11. 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);
12. 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;
13. 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:
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;
14. To the Federal Emergency Management Agency (FEMA), under an
approved computer matching agreement, or data sharing agreement
pursuant to a Presidential EO 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;
15. To any Federal agency pursuant to statutory or regulatory
authority in accordance with the provisions of the U.S. Federal Privacy
Act (5 U.S.C. 552a) and Computer Matching and Privacy Protection Act;
and
16. 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 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
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maintain disk and backup files of IMS/PIC data.
RETRIEVABILITY:
Tenant records may be retrieved by computer search of indices by
the Head of Household's or household member's name, date of birth, and/
or SSN of an existing or form HUD program participant. 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 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. 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, IMS/PIC System Business Owner. Department
of Housing and Urban Development, 451 Seventh Street SW., Room PCFL1,
Washington, DC 20410; Eugene Chen, PIC/IMS 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
identification. Your verification of identity must include your
original signature and must be notarized.
CONTESTING RECORD PROCEDURES:
Since tenant information reported in IMS/PIC is submitted to HUD by
PHAs based on information collected directly from the individual,
tenants must contact the PHA to request correction of any tenant-
supplied information reported incorrectly by the PHA. HUD does not have
the ability to modify PHA-reported data within IMS/PIC. With respect to
any HUD determination based on IMS/PIC data, the procedures for
appealing HUD's initial determination records are outlined in 24 CFR
part 16. If additional information is needed, contact:
(i) Contesting content of records: The Acting Chief Privacy
Officer, Department of Housing and Urban Development, 451 Seventh
Street SW., Room 4156, Washington, DC 20410, if contesting the content
of records; or
(ii) Appeals of initial HUD determinations: The Departmental
Privacy Appeals Office, Office of General Counsel, Department of
Housing and Urban Development, 451 Seventh Street SW., Washington, DC
20410 for appeals of initial denials.
RECORD SOURCE CATEGORIES:
IMS/PIC receives data from HUD staff, HUD contractors, PHAs, PHA-
hired management agents, the Social Security Administration, the
Department of Veteran Affairs, the Federal Emergency Management Agency,
other federal, state and local agencies. The IMS/PIC 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).
EXEMPTIONS FROM CERTAIN PROVISIONS OF THE ACT:
None.
[FR Doc. 2012-8968 Filed 4-12-12; 8:45 am]
BILLING CODE 4210-67-P