[Federal Register Volume 77, Number 85 (Wednesday, May 2, 2012)]
[Notices]
[Pages 26029-26032]
From the Federal Register Online via the Government Publishing 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,

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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:
    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:

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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.

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