[Federal Register Volume 60, Number 199 (Monday, October 16, 1995)]
[Notices]
[Pages 53633-53636]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-25589]



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DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT

Office of the Assistant Secretary for Administration
[Docket No. 3918-N-05]


Privacy Act of 1974--Notice of Amended System of Records

AGENCY: Office of the Assistant Secretary for Administration, HUD.

ACTION: Notice; Proposed amendment to an existing system of records.

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SUMMARY: Pursuant to the provisions of the Privacy Act of 1974, as 
amended (5 U.S.C. 552a), the Assistant Secretary for Public and Indian 
Housing is amending the system of records titled, ``Tenant Eligibility 
Verification Files''--HUD/PIH-1, previously published at 60 FR 21545; 
May 2, 1995. The amended notice: (1) Describes the categories of 
records in the system more specifically and (2) adds a ``Purpose'' 
section to the system of records notice. Further, the revised system of 
records notice contains some technical amendments: A more specific 
system location and more specific references to the Internal Revenue 
Service and Social Security Administration system of records. The 
system of records notice below supersedes the May 2, 1995, system of 
records notice.
    This system of records contains computer matching and tenant 
eligibility verification records necessary to support the 
identification of tenants who have been or may be obtaining excessive 
rental housing assistance. The system of records also supports 
referrals of information concerning those tenants to entities that 
administer HUD rental assistance programs (i.e., housing agencies 
[which includes public housing agencies and Indian housing 
authorities], owners of subsidized multifamily projects, and management 
agents) and to law enforcement agencies for possible administrative or 
legal actions, as appropriate. However, HUD may not redisclose to 
entities that administer HUD programs information that HUD obtains from 
the Social Security Administration (SSA) and the Internal Revenue 
Service (IRS), pursuant to 26 U.S.C. 6103 (1)(7)(d)(ix)--a section of 
the Internal Revenue Code added by section 13403 of the Omnibus Budget 
Reconciliation Act of 1993, Pub. L. 103-66.
    The exemptions of HUD/PIH-1 from certain provisions of the Privacy 
Act of 1994, described at 59 FR 9406; February 28, 1994, continue to 
apply to HUD/PIH-1, as amended.


[[Page 53634]]

EFFECTIVE DATE: This proposal shall become effective without further 
notice in 30 calendar days (November 15, 1995) unless comments are 
received during or before that date which would result in a contrary 
determination.

ADDRESSES: Interested persons are invited to submit comments regarding 
this notice to the Rules Docket Clerk, Office of General Counsel, Room 
10276, Department of Housing and Urban Development, 451 Seventh Street, 
SW., Washington, DC 20410-0500. Communications should refer to the 
above docket number and title. Facsimile (FAX) comments are not 
acceptable. A copy of each communication submitted will be available 
for public inspection and copying between 7:30 a.m. and 5:30 p.m. 
weekdays at the above address.

FOR FURTHER INFORMATION CONTACT:
Jeanette Smith, Departmental Privacy Act Officer, Telephone Number 
(202) 708-2374, concerning Privacy Act matters. David L. Decker, 
Director, Computer Matching Activities, Office of the Public and Indian 
Housing Comptroller, Telephone Number (202) 708-0099, concerning 
computer matching matters. (These are not toll free numbers.)

SUPPLEMENTARY INFORMATION: Privacy Act Officers for the Office of 
Personnel Management (OPM) and the Department of Defense (DoD) have 
advised HUD that the categories of records section of the May 2, 1995, 
notice require clarification concerning OPM and DoD records. Reading 
the May 2, 1995, system of records notice literally, one may conclude 
that HUD/PIH-1 includes two OPM systems of records (OPM/GOVT-1 and OPM/
Central-1), and a DoD system of records (S322.10.DMDC). HUD intended 
that HUD/PIH-1 include selected information from the OPM and DoD system 
of records obtained pursuant to their routine uses concerning computer 
matching. HUD did not intend that OPM/GOVT-1, OPM/Central-1 and 
S322.10.DMDC become categories of records in the HUD/PIH-1 system of 
records. A similar problem existed, to a lesser degree, regarding other 
categories or records cited in the system of records notice.
    HUD is amending record categories (7) and (8), for OPM and DoD-
provided information, to be more specific, i.e., that the records 
included in HUD/PIH-1 include only records obtained through computer 
matching. Similarly, HUD is amending the description of record 
categories (3), (4), (5), (6) and (9) concerning information obtained 
from other sources. Further, HUD added a ``Purposes'' section to the 
system of records notice to clarify the intent of the system of 
records.
    This amendment retains language in the May 2, 1995, system of 
records notice allowing HUD to: (a) Expand and improve the 
effectiveness of HUD's computer matching programs by consolidating 
responsibilities concerning assisted housing programs into one office; 
(b) implement provisions of Title 26 of the Internal Revenue Code, 
section 6103(1)(7), that permit SSA and IRS disclosure to HUD of earned 
and unearned income information, respectively, for tenants who receive 
housing assistance from HUD's programs; (c) develop more efficient and 
effective methods for verifying social security and supplemental 
security income information used in determining tenants' eligibility 
for, and amount of, housing assistance; and (d) permit computer 
matching of records obtained from other Federal agencies with tenant 
income date, the outcome of which may affect determinations of 
eligibility for, or the amount of, HUD or other Federal benefits that 
tenants receive.
    Regarding item (c) above, entities that administer HUD's assisted 
housing programs currently request from the SSA social security and 
supplemental security income information needed to determine tenants; 
eligibility for and level of benefits by submitting a mark sense card 
to the SSA. Then the SAA processes the card and mails the income 
information to the entity administering HUD-assisted housing programs. 
The SSA has advised HUD of plans to terminate obsolete mark sense card 
operation and requested that HUD work with SSA have concluded that 
computer matching provides a more efficient and more effective 
technique for providing social security and supplemental security 
information to entities that administer HUD's assisted housing programs 
that the mark sense card operations. HUD plans to use HUD/PIH-1 records 
in identifying tenants who have underreported social security and 
supplemental security information.
    Entities that administer HUD's assisted housing programs may 
continue to use the mark sense card processing operation, known as the 
Third Party Query System (TPQY), until further notice. HUD plans to 
initiate testing of computer matching to verify social security and 
supplemental income information during Fiscal Year 1996. When HUD has 
demonstrated success in the computer matching process and is ready for 
large-scale implementation of the matching, HUD will, in coordination 
with SSA, inform entities that administer HUD assisted housing programs 
to discontinue use of the TPQY.
    HUD will also use HUD/PIH-1 in reporting potential income 
disparities to tenants or the entities that administer HUD's assisted 
housing programs, as permitted under law. A notice of the HUD/SSA/IRS 
computer matching program concerning earned and unearned income, social 
security and supplemental security income is published at 60 FR 21548, 
May 2, 1995.
    A report of the Department's intention to establish the system has 
been submitted to the Office of Management and Budget (OMB), the Senate 
Committee on Governmental Affairs, and the House Committee on 
Government Reform and Oversight pursuant to paragraph 4c of Appendix I 
to OMB Circular No. A-130, ``Federal Agency Responsibilities for 
Maintaining Record About Individuals,'' July 25, 1994; 59 FR 37914.

    Issued at Washington, DC. October 10, 1995.
Donald C. Demitros,
Acting Deputy Assistant Secretary for for Management.
HUD/PIH-1
    Tenant Eligibility Verification Files.
    U.S. Department of Housing and Urban Development, 451 7th Street, 
S.W., Washington, DC 20410.
* * * * *
* * * * *
    Tenants receiving housing assistance provided by programs 
administered by the Department of Housing and Urban Development, or 
information concerning those tenants obtained from other Federal or 
state agencies, housing agencies, owners, and management agents.
    Records consist of: (1) Automated tenant data obtained from HUD/H-
11, Tenant Housing Assistance and Contract Verification Data, published 
at 59 FR 6035; February 9, 1994, (two HUD automated systems--the 
Multifamily Tenant Certification System and the Tenant Rental 
Assistance Certification System--are the primary components of HUD/H-
11); (2) automated tenant data provided by housing agencies, owners or 
management agents (generally these records are available in HUD/H-11); 
(3) information obtained from computer 

[[Page 53635]]
matching with automated earned income data that the SSA provides under 
26 U.S.C. 6103(1)(7)(A) from the Earnings Recording and Self-Employment 
Income System (HHS/SSA/OSR, 09-60-0059) (Earnings Record) and Master 
Beneficiary Record (HHS/SSA/OSR, 09-60-0090); (4) information obtained 
from computer matching with automated unearned income data that the IRS 
provides to HUD under 26 U.S.C. 6103(1)(7)(B) from Treasury/IRS 22.061, 
Wage and Information Returns Processing (IRP) File Treasury/IFS; (5) 
information obtained from computer matching with automated Title II 
(social security) and Title XVI (supplemental security income) data 
that the SSA provides to HUD under a routine use from the Supplemental 
Security Income Record, HHS/SSA/OSR 90-60-0103; (6) information 
obtained from computer matching with wage and unemployment compensation 
data from State wage information collection agencies; (7) information 
obtained from computer matching with automated data from the Office of 
Personnel Management's General Personnel Records (OMP/GOVT-1), and the 
Civil Service Retirement and Insurance Records System (OPM/Central-1) 
pursuant to a routine use; (8) information obtained from computer 
matching with automated data from the Department of Defense's Defense 
Manpower Data Center Data Base (S322.10DMDC) pursuant to a routine use; 
(9) information obtained from computer matching with automated records 
from the SSA's Master Files of Social Security Number Holder, known as 
the Enumeration Verification System (HHS/SSA/OSR, 09-60-0058) pursuant 
to a routine use; (10) applications for housing assistance and other 
related documentation obtained from tenant case files maintained by 
housing agencies, owners, and management; (11) data received from 
employers confirming income or deductions supporting determinations of 
eligibility for, and the amount of, housing assistance benefits; (12) 
automated records provided by other Federal agencies under the 
investigative exclusion of the Computer Matching and Privacy Protection 
Act of 1988; and (13) automated records provided by housing agencies, 
owners and management agents regarding actions taken on computer 
matching results.
    Subparagraph (D) of section 6103(l)(7) of the Internal Revenue 
Code, 26 U.S.C. 6103(l)(7)(D), permits HUD to request from the 
Commissioner of the SSA and the Secretary of the Treasury, SSA and IRS 
earned and unearned income information, respectively, needed to verify 
the incomes of tenants who receive housing assistance. Section 
6103(l)(7)(D) precludes HUD from redisclosing that information to 
entities that administer HUD programs (i.e., housing agencies, owners 
and management agents). However, the Stewart B. McKinney Homeless 
Assistance Amendments Act of 1988, 42 U.S.C. 3544, as amended, allows 
HUD to notify those entities that disparities exist between the tenant-
reported incomes and income obtained from independent income sources, 
i.e., the SSA or the IRS.
    Section 165 of the Housing and Community Development Act of 1987, 
Pub. L. 100-242, authorizes HUD to require applicants and participants 
in HUD-administered programs involving housing assistance to disclose 
to HUD their social security numbers as a condition of initial or 
continuing eligibility for participation. Subpart T of 24 CFR part 200 
applies this requirement to members of households six (6) years of age 
and older.
    Applicable laws concerning HUD's assisted housing programs include: 
the United States Housing Act of 1937, 42 U.S.C. 1437 note; and section 
101 of the Housing and Urban Development Act of 1965, 12 U.S.C. 1701s.
    The primary purposes of HUD/PIH-1 are to aid HUD and entities that 
administer HUD's assisted housing programs in: (a) Increasing the 
availability of housing assistance to individuals who meet the 
requirements of Federal housing assistance programs, (b) detecting 
abuses in assisted housing programs, (c) taking administrative or legal 
actions to resolve past abuses of assisted housing programs and (d) 
deterring abuses. HUD/PIH-1 serves as a repository for automated 
information used in and resulting from computer matching tenant data 
for recipients of Federal rental assistance to other data sources; HUD/
PIH also contains non-automated information used in and resulting from 
verifying computer matching results and in accomplishing the purposes 
previously cited. Records in this new system are subject to use in 
authorized and approved computer matching programs regulated under the 
Privacy Act of 1974, as amended.
    1. Records included in the system may be used in conducting 
computer matching with Federal and State agencies to aid in the 
identification of tenants who have received excessive rental housing 
assistance.
    2. Records that HUD obtains from the SSA and the IRS under the 
authority of 26 U.S.C. 6103(l)(7), may be disclosed only to the tenant/
taxpayer, to HUD employees responsible for investigating or prosecuting 
such violation or enforcing or implementing a statute, rule or 
regulation, or as otherwise permitted under 26 U.S.C. 6103.
    3. Records that indicate a potential violation of law, whether 
criminal, civil or regulatory in nature, except for records obtained 
from the SSA and the IRS under 26 U.S.C. 6103(l)(7), may be disclosed 
to the appropriate Federal, state or local agency charged with the 
responsibility for investigating or prosecuting such violation or 
enforcing or implementing a statute, rule or regulation.
    4. Records, except for those obtained from the SSA or IRS under the 
authority of 26 U.S.C. 6103(l)(7), may be disclosed to a congressional 
office in response to an inquiry from that congressional office made at 
the request of the individual who is the subject of the records.
    5. Records, with the exception of those obtained pursuant to 26 
U.S.C. 6103(l)(7), may be disclosed to housing agencies, owners and 
management agents in order to assist them in determining tenants' 
eligibility for housing assistance, and the amount of that assistance 
and to facilitate recovery of money or property or other administrative 
actions, i.e., eviction, necessary to promote the integrity of 
programs.
    6. Records, except for those obtained from the SSA and the IRS 
under 26 U.S.C. 6103(l)(7), may be disclosed during the course of an 
administrative proceeding where HUD or a housing agency, owner or 
management agent is a party to the litigation and disclosure is 
relevant and reasonably necessary to adjudicate the matter.
    7. Records, except for those obtained from the SSA and the IRS 
under 26 U.S.C. 6103(l)(7), may be disclosed to a Federal agency, in 
response to its request, in connection with the hiring or retention of 
an employee, the issuance of a security clearance, the reporting of an 
investigation of an employee, the letting of a contract, or the 
issuance of a license, grant or other benefit by the requesting agency, 
to the extent that the record is relevant and necessary to the 
requesting agency's decision on the matter.
    8. Records, except for those obtained from the SSA and the IRS 
under 26 U.S.C. 6103(l)(7), may be disclosed to a 

[[Page 53636]]
Federal agency to initiate Federal salary or annuity offsets as 
necessary to collect excessive housing assistance received by the 
tenant.
    9. Records, except for those obtained from the SSA and the IRS 
under 26 U.S.C. 6103(l)(7), concerning an individual's receipt of 
excessive housing assistance, including the individual's actions to 
repay the same, may be disclosed to the Federal agency that employs 
such individual, for the purpose of notifying the employer of potential 
violation of the Standards of Ethical Conduct for Employees of the 
Executive Branch.
    10. Records may be used to provide statistical information to 
Congress and the Office of Management and Budget for use in evaluating 
the effectiveness of computer matching, income verification and related 
administrative or legal actions taken.
    Records are stored manually in tenant case files and electronically 
in office automation equipment. Records, except for those obtained from 
the SSA and the IRS under 26 U.S.C. 6103(1)(7) (A) and (B), may also be 
stored on mainframe computer facilities.
    Records may be retrieved by manual or computer search of indices by 
the name, social security number, housing agency, owner or management 
agent.
    Records are maintained in locked file cabinets or in metal file 
cabinets in secured rooms or premises with access limited to those 
persons whose official duties require access. Computer files and 
printed listings are maintained in licked cabinets. Computer terminals 
are secured in controlled areas which are locked when unoccupied. 
Access to automated records is limited to authorized personnel who must 
use a password system to gain access. HUD will safeguard the SSA and 
the IRS records obtained pursuant to 26 U.S.C. 6103(l)(7) (A) and (B) 
in accordance with 26 U.S.C. 6103(p)(4) and the IRS's ``Tax Information 
Security Guidelines for Federal, State and Local Agencies,'' 
Publication 1075.
    Only those computer files and printouts created from the computer 
matching that meet predetermined criteria are maintained. These records 
will be destroyed as soon as they have served the matching program's 
purpose. All other records will be destroyed as soon as possible within 
1 year. Paper listings containing personal identifiers will be 
shredded. Computer source files provided by other organizations will be 
returned to those organizations or destroyed in accordance with 
computer matching agreements.
    Information obtained through computer matching and tenant case file 
reviews will be destroyed as soon as follow-up processing of this 
information is completed, unless the information is required for 
evidentiary reasons or needed by housing agencies, owners and 
management agents for use in program eligibility determinations. When 
needed for evidentiary documentation, the information will be referred 
to the HUD Office of Inspector General (OIG) or other appropriate 
Federal, state or local agencies charged with the responsibility for 
investigating or prosecuting such violations. When referred to the HUD 
OIG, the information then becomes a part of the Investigative Files of 
the Office of Inspector General, HUD/OIG-1.
    Director, Computer Matching Activities, Office of the Public and 
Indian Housing Comptroller, U.S. Department of Housing and Urban 
Development, 451 Seventh Street, SW., Room 5156, Washington, DC 20410.
    Individuals seeking to determine whether this system of records 
contains information about themselves, or seeking access to such 
records, should address inquiries to the Director, Computer Matching 
Activities, Office of the Public and Indian Housing Comptroller, U.S. 
Department of Housing and Urban Development, 451 Seventh Street, SW., 
Room 5156, Washington, DC 20410.
    Written requests should contain the full name, Social Security 
Number, date of birth, current address and telephone number of the 
individual.
    For personal visits, the individual must be able to provide some 
acceptable identification, such as a driver's license or other 
identification card.
    The procedures for amendment or correction of records, and for 
appealing initial agency determinations, appear in 24 CFR part 16.
    The Assistant Secretary for Public and Indian Housing collects 
information from a variety of sources, including: housing agencies, the 
Assistant Secretary for Housing-Federal Housing Commissioner (tenant 
information provided by owners and management agents), state wage 
information collection agencies, other Federal and state agencies, law 
enforcement agencies, program participants, complainants, and other 
nongovernmental sources.
    To the extent that information in this system of records falls 
within the coverage of subsection (k)(2) of the Privacy Act, 5 U.S.C. 
552(k)(2), the system is exempt from the requirements of subsections 
(c)(3), (d)(1), (d) (2), and (e)(1) of the Privacy Act. To the extent 
that information in this system of records falls within the coverage of 
subsection (k)(5) of the Privacy Act, 5 U.S.C. 552a(k)(5), the system 
is exempt from the requirements of subsection (d)(1) of the Privacy 
Act. See 24 CFR 16.15 (c) and (d).

[FR Doc. 95-25589 Filed 10-13-95; 8:45 am]
BILLING CODE 4210-01-M