[Federal Register Volume 71, Number 152 (Tuesday, August 8, 2006)]
[Notices]
[Pages 45064-45065]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E6-12800]


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DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT

[Docket No. FR-4922-N-20]


Privacy Act of 1974; Notice of Computer Matching Program Between 
the Department of Housing and Urban Development (HUD) and the 
Department of Health and Human Services (HHS)--Matching Tenant Data in 
Assisted Housing Programs

AGENCY: Office of the Chief Information Officer, HUD.

ACTION: Notice of a computer matching program between HUD and HHS.

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SUMMARY: Pursuant to the Computer Matching and Privacy Protection Act 
(CMPPA) of 1988, as amended, HUD is providing notice of a matching 
program involving comparisons of information provided by applicants or 
participants in any HUD rental housing assistance program authorized 
under the statutes cited in the Authority section and independent 
sources of income information available through the National Directory 
of New Hires (NDNH) maintained by HHS.

DATES: Effective Date: Computer matching is expected to begin September 
7, 2006 unless comments are received which result in a contrary 
determination, or 40 days from the date a computer matching agreement 
is signed, whichever is later.
    Comments Due Date: September 7, 2006.

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 20410-0500. 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 8 a.m. and 5 p.m. weekdays at 
the above address.

FOR FURTHER INFORMATION CONTACT: For Privacy Act: Jeanette Smith, 
Departmental Privacy Act Officer, Department of Housing and Urban 
Development, 451 Seventh Street, SW., Room P8001, Washington, DC 20410-
3000, telephone number (202) 708-2374. A telecommunications device for 
hearing- and speech-impaired individuals (TTY) is available at 800-877-
8339 (Federal Information Relay Service). For program information: Gail 
Williamson, Office of Housing, Director of the Housing Assistance 
Policy Division, Department of Housing and Urban Development, 451 
Seventh Street, SW., Room 6138, Washington, DC 20410--telephone number 
(202) 708-3000 ext. 2473.

SUPPLEMENTARY INFORMATION: The matching program will be carried out 
only to the extent necessary to: (1) verify the employment and income 
of individuals participating in the above identified programs to 
correctly determine the amount of their rent and level of rental 
assistance, and (2) after removal of personal identifiers, to conduct 
analyses of the employment and income reporting of individuals 
participating in HUD's rental housing assistance programs. Currently, 
HUD makes the results of the computer match available to public housing 
agencies (PHAs) administering HUD rental assistance programs to enable 
them to verify employment and income and correctly determine the rent 
and assistance levels for individuals participating in those programs. 
This information is also being disclosed to the HUD Inspector General 
(HUD/IG), and the Attorney General in connection with the 
administration of the above named programs.
    Based on (1) an evaluation of the costs and benefits of disclosures 
made to PHAs, and (2) the adequacy of measures used to safeguard the 
security and confidentiality of information so disclosed, HUD will 
disclose employment and income information of tenants to private 
housing owners and management agents (O/As) and contract administrators 
(CAs) that administer HUD rental assistance programs under agreements 
with HUD. HUD and its third party administrators will use this matching 
authority to reduce or eliminate improper assistance payments in the 
housing programs listed above.
    The Computer Matching and Privacy Protection Act (CMPPA) of 1988, 
an amendment to the Privacy Act of 1974 (5 U.S.C. Sec. Sec.  552a), 
OMB's guidance on this statute entitled ``Final Guidance Interpreting 
the Provisions of Public Law 100-503,'' and OMB Circular No. A-130 
requires publication of notices of computer matching programs.
    Appendix I to OMB's Revision of Circular No. A-130, ``Transmittal 
Memorandum No. 4, Management of Federal Information Resources,'' 
prescribes Federal agency responsibilities for maintaining records 
about individuals. In accordance with the CMPPA and Appendix I to OMB 
Circular No. A-130, copies of this notice are being provided to the 
Committee on Government Reform and Oversight of the House of 
Representatives, the Committee on Governmental Affairs of the Senate, 
and OMB's Office of Information and Regulatory Affairs.

I. Authority

    This matching program is being conducted pursuant to sections 3003 
and 13403 of the Omnibus Budget Reconciliation Act of 1993 (Pub. L. 
103-66, approved August 10, 1993); section 542(b) of the 1998 
Appropriations Act (Pub. L. 105-65); section 904 of the Stewart B. 
McKinney Homeless Assistance Amendments Act of 1988 (42 U.S.C. 3544); 
section 165 of the Housing and Community Development Act of 1987 (42 
U.S.C. 3543); the National Housing Act (12 U.S.C. 1701-1750g); the 
United States Housing Act of 1937 (42 U.S.C. 1437-1437z); section 101 
of the Housing and Community Development Act of 1965 (12 U.S.C. 1701s); 
the Native American Housing Assistance and Self-Determination Act of 
1996 (25 U.S.C. 4101 et seq.); and the Quality Housing and Work 
Responsibility Act of 1998 (42 U.S.C. 1437a(f)).
    The Housing and Community Development Act of 1987 authorizes HUD to 
require applicants and participants in HUD-administered programs 
involving rental housing assistance to disclose to HUD their social 
security numbers (SSNs) as a condition of initial or continued 
eligibility for participation in the programs.
    Section 217 of the Consolidated Appropriations Act of 2004 (Pub. L. 
108-199) authorizes HUD to provide to HHS information on persons 
participating in any programs authorized by:
    (i) The United States Housing Act of 1937 (42 U.S.C. 1437 et seq.);
    (ii) Section 202 of the Housing Act of 1959 (12 U.S.C. 1701q);

[[Page 45065]]

    (iii) Section 221(d)(3), 221(d)(5) or 236 of the National Housing 
Act (12 U.S.C. 17151(d) and 1715z-1);
    (iv) Section 811 of the Cranston-Gonzalez National Affordable 
Housing Act (42 U.S.C. 8013); or
    (v) Section 101 of the Housing and Urban Development Act of 1965 
(12 U.S.C. 1701s).
    HHS shall then compare this information provided by HUD with data 
contained in the NDNH and report the results of the data match to HUD. 
The Act gives HUD the authority to disclose this information to PHAs, 
O/As, CAs under contract with HUD, the HUD/IG, and the Attorney General 
for the purpose of verifying the employment and income of individuals 
receiving benefits in the above programs. HUD shall not seek, use, or 
disclose information relating to an individual without the prior 
written consent of the individual, and HUD has the authority to require 
consent as a condition of participating in these programs.
    HHS' disclosure of data from the NDNH is authorized by Section 217 
of the Consolidated Appropriations Act of 2004. The disclosures from 
the HHS system of records, ``Location and Collection System of 
Records,'' No. 09-90-0074, will be made pursuant to routine use (17) 
identified in the Federal Register on June 3, 2004 (69 FR 31399). This 
routine use authorizes HHS to ``disclose to the Department of Housing 
and Urban Development information in the NDNH portion of this system 
for purposes of verifying employment and income of individuals 
participating in specified programs and, after removal of personal 
identifiers, to conduct analyses of the employment and income reporting 
of these individuals.''

II. Objectives To Be Met by the Matching Program

    HUD's primary objective in implementing the computer matching 
program is to verify the employment and income of individuals 
participating in multifamily housing programs identified in paragraph I 
above to determine the appropriate level of rental assistance, and to 
deter and correct abuse in rental housing assistance programs. In 
meeting these objectives, HUD also is carrying out a responsibility 
under 42 U.S.C. Sec. 1437f(K) to ensure that income data provided to O/
As and CAs by household members is complete and accurate. HUD's various 
rental housing assistance programs require that applicants meet certain 
income and other criteria to be eligible for rental assistance. In 
addition, tenants participating in multifamily housing programs 
generally are required to report and recertify the amounts and sources 
of their income at least annually.

III. Program Description

    In this computer matching program, tenant-provided information 
included in HUD's automated systems of records known as the Tenant 
Rental Assistance Certification System (TRACS) (HUD/H-11) will be 
compared to data from HHS' NDNH database. The notice for this system 
was published at 62 FR 11909. HUD will only transmit to HHS for 
computer matching those tenant personal identifiers (i.e., full name, 
Social Security Number (SSN), and date of birth) that have been 
validated by the Social Security Administration (SSA). HHS will match 
the HUD-provided personal identifiers to personal identifiers included 
in their systems of records known as ``Location and Collection System 
of Records,'' No. 09-90-0074. HHS will provide income data to HUD only 
for individuals with matching personal identifiers.

A. Income Verification

    Any match (i.e., a ``hit'') will be further reviewed by HUD, the 
program administrator, or the HUD Office of Inspector General (OIG) to 
determine whether the income reported by tenants to the program 
administrator is correct and complies with HUD and program 
administrator requirements. Specifically, current or prior wage 
information and other data will be sought directly from employers.

B. Administrative or Legal Actions

    Regarding the matching described in this notice, HUD anticipates 
that program administrators will take appropriate action in 
consultation with tenants to: (1) resolve income discrepancies between 
tenant-reported and independent income source data, and (2) use correct 
income amounts in determining housing rental assistance. Program 
administrators must compute the rent in full compliance with all 
applicable occupancy regulations. Program administrators must ensure 
that they use the correct income and correctly compute the rent.
    The program administrator may not suspend, terminate, reduce, or 
make a final denial of any housing assistance to any tenant as a result 
of information produced by this matching program until: (a) the tenant 
has received notice from the program administrator of its findings and 
informing the tenant of the opportunity to contest such findings and 
(b) either the notice period provided in applicable regulations of the 
program, or 30 days, whichever is later, has expired. In most cases, 
program administrators will resolve income discrepancies in 
consultation with tenants.
    Additionally, serious violations, which program administrators, HUD 
Program staff, or HUD/IG verify, should be referred for full 
investigation and appropriate civil and/or criminal proceedings.

IV. Records To Be Matched

    HHS will conduct the matching of tenant SSNs and additional 
identifiers (such as surnames and dates of birth) to tenant data that 
HUD supplies from the Form-50059 module within TRACS.
    HHS will match the tenant records included in TRACS (HUD/H-11) to 
NDNH records contained in HHS's ``Location and Collection System of 
Records,'' No. 09-90-0074. HUD will place matching data into its system 
of records known as the Enterprise Income Verification (EIV) system. 
The tenant records (one record for each family member) include these 
data elements: full name, SSN, and date of birth.

V. Period of the Match

    The computer matching program will be conducted according to 
agreements between HUD and HHS. The computer matching agreement for the 
planned match will terminate either when the purpose of the computer 
matching program is accomplished, or 18 months from the date the 
agreement is signed, whichever comes first.
    The agreements may be extended for one 12-month period, with the 
mutual agreement of all involved parties, if the following conditions 
are met:
    (1) Within 3 months of the expiration date, all Data Integrity 
Boards review the agreement, find that the program will be conducted 
without change, and find a continued favorable examination of benefit/
cost results; and (2) All parties certify that the program has been 
conducted in compliance with the agreement.
    The agreement may be terminated, prior to accomplishment of the 
computer matching purpose or 18 months from the date the agreement is 
signed (whichever comes first), by the mutual agreement of all involved 
parties within 30 days of written notice.

    Authority: 5 U.S.C. 552a; 88 Stat. 1896; 42 U.S.C. 3535(d).

    Dated: August 1, 2006.
Lisa Schlosser,
Chief Information Officer.
[FR Doc. E6-12800 Filed 8-7-06; 8:45 am]
BILLING CODE 4210-67-P