DIRECTIVE	:	UNEMPLOYMENT INSURANCE PROGRAM LETTER NO. 11-89, Change 1
TO	:	ALL STATE EMPLOYMENT SECURITY AGENCIES
FROM	:	GRACE A. KILBANE Administrator fOffice of Workforce Security
SUBJECT	:	Disclosure of Wage and Benefit Information to the Department of Housing and Urban Development and Representatives of Public Housing Agencies

1. Purpose. To inform States that Federal unemployment compensation (UC) law has been amended to reinstate the requirement that UC agencies must disclose wage and benefit information to officials of the Department of Housing and Urban Development (HUD) and representatives of public housing agencies under certain conditions.

2. References. Section 303(i) of the Social Security Act (SSA); Section 542(a)(1) of Public Law (P.L.) 105-65, Departments of Veterans Affairs and Housing and Urban Development, and Independent Agencies Appropriations Act, 1998; and Unemployment Insurance Program Letter (UIPL) 11-89, dated January 5, 1989.

3. Background. Section 303(i), SSA, requires that the State agency charged with the administration of the State law "shall disclose, upon request and on a reimbursable basis, only to officers and employees of the Department of Housing and Urban Development and to representatives of a public housing agency," wage information, and information as to "whether an individual is receiving, has received, or has made application for" UC, and the amount being received (or to be received) by such individual. Section 303(i), SSA, goes on to describe the conditions under which the information is to be released and defines "public housing agency" for purposes of the disclosure. A full discussion of Section 303(i), SSA, is contained in UIPL 11-89.

   Section 303(i)(5), SSA, terminated the requirements of Section 303(i), SSA, effective October 1, 1994. However, Section 542(a)(1) of P.L. 105-65 repealed this termination provision effective for any requests for information made after October 27, 1997. Therefore, the disclosure provisions of Section 303(i), SSA, again became effective on October 28, 1997, and States must disclose the information listed in Section 303(i)(1)(A), SSA, to HUD and representatives of public housing agencies as required by Section 303(i), SSA. Substantial compliance with these provisions is required for the State to receive UC administrative grants.

   Section 303(i)(1)(B), SSA, requires that State agencies "establish such safeguards as are necessary (as determined by the Secretary of Labor in regulations) to ensure that information disclosed . . . is used only for purposes of determining an individual's eligibility for benefits, or the amount of benefits, under a housing assistance program" of HUD. The Department of Labor is in the process of finalizing disclosure regulations for the UC program, including Section 303(i), SSA.

4. Action Required. Agency administrators are requested to ensure that appropriate staff are aware of the requirement that information be released to officers and employees of HUD and to representatives of public housing agencies in accordance with the provisions of Section 303(i), SSA.

5. Inquiries. Questions should be directed to the appropriate Regional Office.