[Federal Register Volume 72, Number 92 (Monday, May 14, 2007)]
[Notices]
[Pages 27146-27148]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E7-9170]


-----------------------------------------------------------------------

DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT

[Docket No. FR-5130-N-02]


Privacy Act of 1974; Notice of Matching Program: Matching Tenant 
Data in Assisted Housing Programs

AGENCY: Office of the Chief Information Officer, HUD.

[[Page 27147]]


ACTION: Notice of a computer matching program between the Department of 
Housing and Urban Development (HUD) and the Rural Housing Service 
(RHS), Department of Agriculture.

-----------------------------------------------------------------------

SUMMARY: Pursuant to the Computer Matching and Privacy Protection Act 
of 1988, as amended, and the Office of Management and Budget's (OMB) 
Guidance on the statute, HUD is announcing a new a matching program 
involving comparisons between data provided by applicants or 
participants in HUD's assisted housing programs and applicants for 
RHS's rural housing programs. The matching program will be carried out 
to detect excessive or duplicate housing assistance as result of 
Hurricanes Katrina and Rita.
    The matching program will be accomplished by comparing income, 
family size, family address, family identity, and benefit data for 
individuals participating in HUD's assisted housing programs and 
subsidized multifamily housing programs with rural housing assistance 
data maintained by RHS in its HS Multifamily Programs (MFH), 
Multifamily Information System (MFIS), Single Family Housing Programs 
(SFH), Dedicated Loan Origination and Servicing System (DLOS), and 
Guaranteed Loan System (GLS) databases within its system of records 
known as System of Records titled ``USDA/Rural Development,'' last 
published 63 FR 38546 (July 17, 1998). Specifically, HUD will compare 
the RHS identity, income, family size, and benefit data to tenant-
reported data included in HUD's system of records known as: (1) the 
Tenant Housing Assistance and Contract Verification Data (HUD/H-11), 
last published at 62 FR 11909 (March 13, 1997); and (2) the Public and 
Indian Housing Information Center (HUD/PIH-4), last published at 67 FR 
20986 (April 29, 2002). The tenant comparisons will identify, based on 
criteria established by HUD, tenants whose incomes, family size, 
address, or benefit levels, etc. that require further verification to 
determine if the tenants received excessive or duplicate rental 
assistance. The program also provides for the verification of the 
matching results and the initiation of appropriate administrative or 
legal actions.

DATES: Effective Date: Computer matching is expected to begin June 13, 
2007, unless comments are received which will result in a contrary 
determination, or 40 days after a copies of the underlying matching 
agreement is signed, approved by HUD and RHS Data Integrity Boards, and 
sent to both Houses of Congress, whichever is later.
    Comments Due Date: June 13, 2007.

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 4176, Washington, DC 20410, 
telephone number (202) 402-8062. A telecommunications device for 
hearing- and speech-impaired individuals (TTY) is available at 1-800-
877-8339 (Federal Information Relay Service).
    For further information from recipient agency: Bryan Saddler, 
Counsel to the Inspector General, Department of Housing and Urban 
Development, 451 Seventh Street, SW., Room 8260, Washington, DC 20410, 
telephone number (202) 708-1613.

SUPPLEMENTARY INFORMATION: The Computer Matching and Privacy Protection 
Act (CMPPA) of 1988, an amendment to the Privacy Act of 1974 (5 U.S.C. 
552a), OMB's guidance on this statute entitled ``Final Guidance 
Interpreting the Provisions of Public Law 100-503, the CMPPA of 1988'' 
(OMB Guidance), 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 
compliance 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 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 the Emergency 
Supplemental Appropriations to Address Hurricanes in the Gulf of Mexico 
and Pandemic Influenza, 2006 (Pub. L. 109-148); 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.); the Quality Housing 
and Work Responsibility Act of 1998 (42 U.S.C. 1437a(f)); the Inspector 
General Act of 1978 (5 U.S.C. App. 3); Computer Matching and Privacy 
Protection Act of 1988 (Pub. L. 100-53); and 65 FR 24732 and 64 FR 
54930.
    Chapter 9, Title I, of the Emergency Supplemental Appropriations to 
Address Hurricanes in the Gulf of Mexico and Pandemic Influenza, 
requires HUD to provide Tenant-Based Rental Assistance only to tenants 
who received housing assistance prior to the hurricanes and to ``those 
which were homeless or in emergency shelters in the declared disaster 
area prior to Hurricanes Katrina or Rita.'' It also requires, with 
respect to Community Development Fund assistance, that HUD establish 
procedures to prevent recipients from receiving any duplication of 
benefits.
    The Stewart B. McKinney Homeless Assistance Amendments Act of 1988 
authorizes HUD and housing agencies (HAs) (but not private owners/
management agents for subsidized multifamily projects) to request wage 
and claim information from State Wage Information Collection Agencies 
(SWICAs) responsible for administering State unemployment laws in order 
to undertake computer matching of individual's income and eligibility 
for HUD housing assistance. This Act authorizes HUD to require 
applicants and participants to sign a consent form authorizing HUD or 
the HA to request wage and claim information from the SWICAs.
    The Inspector General Act authorizes the HUD Inspector General to 
undertake programs to detect and prevent fraud and abuse in all HUD 
programs.
    RHS, pursuant to section 312 of the Robert T. Stafford Disaster 
Relief and Emergency Assistance Act (the Stafford Act) 42 U.S.C. 5155, 
Pub. L. 93-288, as amended, and 7 CFR part 1951, subpart O must assure 
that no person receiving disaster assistance receives unauthorized 
assistance.

II. Objectives To Be Met by the Matching Program

    HUD's primary objectives in implementing the computer matching

[[Page 27148]]

program are: (a) To identify individuals who are receiving housing 
benefits in excess of those to which they are entitled; and (b) to 
identify duplicate disaster assistance payments. In meeting these 
objectives HUD also is carrying out a responsibility under 42 U.S.C. 
1437f(K) to ensure that income data provided to POAs by household 
members is complete and accurate, and under 42 U.S.C. 5155 to avoid the 
duplication of Federal assistance payments.
    The matching program identifies tenants receiving inappropriate 
(excessive or insufficient) rental assistance resulting from under or 
over-reported household income (including other Federal assistance) or 
composition. When excessive rental assistance amounts are identified, 
some tenants move out of assisted housing units; other tenants agree to 
repay excessive rental assistance. These actions may increase rental 
assistance or the number of units available to serve other 
beneficiaries of HUD programs. When tenants continue to be eligible for 
rental assistance, but at a reduced level, the tenants will be required 
to increase their contributions toward rent.

III. Program Description

    This computer matching program, to the extent that it involves the 
use of SSA, IRS or SWICA data is fully described at 69 FR 11033. With 
respect to RHS data, the matching program will be accomplished by 
comparing income, family size, family address, family identity, and 
benefit data for individuals participating in HUD's assisted housing 
programs and subsidized multifamily housing programs with rural housing 
assistance data maintained by RHS in its systems of records known as 
``USDA/Rural Development'', last published 63 FR 38546 (July 17, 1998). 
Specifically, HUD will compare the RHS identity, income, family size, 
and benefit data to tenant-reported data included in HUD's system of 
records known as: (1) The Tenant Housing Assistance and Contract 
Verification Data (HUD/H-11), last published at 62 FR 11909 (March 13, 
1997); and (2) the Public and Indian Housing Information Center (HUD/
PIH-4), last published at 67 FR 20986 (April 29, 2002). The tenant 
comparisons will identify, based on criteria established by HUD, 
tenants whose incomes, family size, address, or benefit levels, etc. 
require further verification to determine if the tenants received 
excessive or duplicate rental assistance. The program also provides for 
the verification of the matching results and the initiation of 
appropriate administrative or legal actions.

A. Income Verification

    Any match (i.e., a ``hit'') will be further reviewed by HUD, the 
POA, or the HUD Office of Inspector General (OIG), RHS, or the 
Department of Agriculture Office of Inspector to determine whether the 
information reported to the POA is correct and complies with HUD and 
POA requirements, and whether the tenant received duplicate housing 
assistance from RHS. Specifically, current or prior wage information 
and other data will be sought directly from employers.

B. Administrative or Legal Actions

    Regarding all the matching described in this notice, HUD 
anticipates that POAs will take appropriate action in consultation with 
tenants to: (1) Resolve income disparities between tenant-reported and 
independent income source data, and (2) use correct income amounts in 
determining housing rental assistance.
    POAs must compute the rent in full compliance with all applicable 
occupancy regulations. POAs must ensure that they use the correct 
income and correctly compute the rent. The POAs may not suspend, 
terminate, reduce, or make a final denial of any housing assistance to 
any tenant as the result of information produced by this matching 
program until: (a) The tenant has received notice from the POA 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, POAs will resolve income discrepancies in 
consultation with tenants. Additionally, serious violations, which 
POAs, HUD Program staff, or HUD OIG verify, should be referred for full 
investigation and appropriate civil and/or criminal proceedings.

IV. Records To Be Matched

    This computer matching program, to the extent that it involves the 
use of SSA, IRS or SWICA data is fully described at 69 FR 11033. With 
respect to RHS data, the match will involve tenant records obtained 
directly from POAs and subsidized multifamily projects included in the 
Tenant Housing Assistance and Contract Verification Data (HUD/H-11) and 
the Public and Indian Housing Information Center (HUD/PIH-4). These 
records contain information about individuals who are participants in 
the Federal low income and Section 8 housing assistance programs. 
Specifically, the tenant records include these data elements:
    (1) SSNs for each family member;
    (2) Family control number to identify each tenant with a particular 
family;
    (3) Head of Household Indicator;
    (4) Last Name, First Name, Middle Initial, and Address for 
household;
    (5) Sex;
    (6) Birth Date;
    (7) Reported Income by source, description and amount;
    (8) Program Code; and
    (9) Recertification Date.
    The RHS will provide HUD with files from the USDA/Rural 
Development. The notice for this system was published at 63 FR 38546. 
The disclosure from USDA/Rural Development will be made in accordance 
with routine use ``5.'' HUD will match the tenant records to the RHS 
records on disaster assistance applicants to compare tenant reported 
income. For matched tenant's SSNs (i.e., ``hits''), HUD will match the 
following information from USDA/Rural Development: the RHS applicant or 
co-applicant name(s), address(es), social security number(s), 
assistance date(s), and rental/loan/grant assistance amount(s).

V. Period of the Match

    The computer matching program will be conducted according to an 
agreement between HUD and the RHS. The computer matching agreement for 
the planned matches 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 agreement 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.

    Dated: May 3, 2007.
Lisa Schlosser,
Chief Information Officer.
[FR Doc. E7-9170 Filed 5-11-07; 8:45 am]
BILLING CODE 4210-67-P