Privacy Act of 1974; Supplemental Information and Technical Correction to 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, 51239-51241 [E7-17589]
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Federal Register / Vol. 72, No. 172 / Thursday, September 6, 2007 / Notices
information reasonably necessary to
complete an audit.
DATES: Send your comments by October
9, 2007.
ADDRESSES: Interested persons are
invited to submit written comments on
the proposed information collection to
the Office of Information and Regulatory
Affairs, Office of Management and
Budget. Comments should be addressed
to Nathan Lesser, Desk Officer,
Department of Homeland Security/TSA,
and sent via electronic mail to
oira_submission@omb.eop.gov or faxed
to (202) 395–6974.
FOR FURTHER INFORMATION CONTACT:
Joanna Johnson, Communications
Branch, Business Management Office,
Operational Process and Technology,
TSA–32, Transportation Security
Administration, 601 South 12th Street,
Arlington, VA 22202–4220; telephone
(571) 227–3651; facsimile (571) 227–
3588.
SUPPLEMENTARY INFORMATION:
Comments Invited
In accordance with the Paperwork
Reduction Act of 1995, (44 U.S.C. 3501
et. seq.), an agency may not conduct or
sponsor, and a person is not required to
respond to a collection of information,
unless it displays a valid OMB control
number. The ICR documentation is
available at https://www.reginfo.gov.
Therefore, in preparation for submission
for OMB clearance of the information
collection discussed in this notice, TSA
solicits comments in order to—
(1) Evaluate whether the proposed
information requirement is necessary for
the proper performance of the functions
of the agency, including whether the
information will have practical utility;
(2) Evaluate the accuracy of the
agency’s estimate of the burden;
(3) Enhance the quality, utility, and
clarity of the information to be
collected; and
(4) Minimize the burden of the
collection of information on those who
are to respond, including through the
use of appropriate automated,
electronic, mechanical, or other
technological collection techniques or
other forms of information technology.
mstockstill on PROD1PC66 with NOTICES
Information Collection Requirement
Title: Aviation Security Infrastructure
Fee Records Retention (ASIF).
Type of Request: Extension of a
currently approved collection.
OMB Control Number: 1652–0018.
Forms: NA.
Affected Public: Air Carriers.
Abstract: The Aviation Transportation
and Security Act (ATSA) authorizes the
Assistant Secretary of the Department of
VerDate Aug<31>2005
18:25 Sep 05, 2007
Jkt 211001
Homeland Security to set the ASIF
provided the ASIF not exceed industry
aggregate Calendar Year 2000 security
expenditures nor exceed an individual
carrier’s Calendar Year 2000 security
expenditures. Under 49 CFR Part 1511,
carriers must retain any and all
documents, records, or information
related to the amount of the ASIF,
including all information applicable to
the carrier’s calendar year 2000 security
costs and information reasonably
necessary to complete an audit. This
requirement includes retaining the
source information for the calendar year
2000 screening costs reported to TSA;
the calculations and allocations
performed to assign costs submitted to
TSA; information and documents
reviewed and prepared for the required
independent audit; the accountant’s
working papers, notes, worksheets, and
other relevant documentation used in
the audit; and, if applicable, the specific
information leading to the accountant’s
opinion, including any determination
that the accountant could not provide
an audit opinion.
Number of Respondents: 196.
Estimated Annual Burden Hours: An
estimated 392 hours annually.
Issued in Arlington, Virginia, on August
30, 2007.
Fran Lozito,
Director, Business Management Office,
Operational Process and Technology.
[FR Doc. E7–17571 Filed 9–5–07; 8:45 am]
BILLING CODE 9110–05–P
DEPARTMENT OF HOUSING AND
URBAN DEVELOPMENT
[Docket No. FR–5130-N–10]
Privacy Act of 1974; Supplemental
Information and Technical Correction
to 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
Office of the Chief Information
Officer, HUD.
ACTION: Notice of Supplementary
Information and Technical Corrections.
AGENCY:
SUMMARY: This notice provides
Supplementary Information and
Technical Corrections to the Computer
Matching Notice published in the
Federal Register on August 8, 2006.
This information changes the
anticipated effective date of the
computer matching program; removes
the term ‘‘applicants’’ cited in the prior
PO 00000
Frm 00028
Fmt 4703
Sfmt 4703
51239
notice since disclosure of applicant
information is not authorized; provides
date and pertinent information about
HUD’s statutorily required evaluation
document and its Enterprise Income
Verification (EIV) system; provides
citations for HUD requirements
described in the prior notice; and,
clarifies the system of records in the
program description and records to be
matched. The authority, objectives, and
the period of the match under the
existing HUD and HHS computer
matching program remain unchanged. A
more detailed description about the
current matching program is contained
in the Supplemental Information
section.
DATES: Effective Date: The effective date
of the matching program shall be
October 9, 2007, providing no
comments are received which would
result in a contrary determination or 40
days after notice of the matching
program is provided to the Office of
Management and Budget (OMB) and
Congress, whichever is later.
Comments Due Date: October 9, 2007.
FOR FURTHER INFORMATION CONTACT: The
Departmental Privacy Act Officer,
Department of Housing and Urban
Development, 451 Seventh Street, SW,
Room 4178, 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
programs identified below 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 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
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51240
Federal Register / Vol. 72, No. 172 / Thursday, September 6, 2007 / Notices
mstockstill on PROD1PC66 with NOTICES
(HUD/IG), and the Attorney General in
connection with the administration of
the programs identified below.
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. The evaluation
was conducted by HUD and signed by
HUD and Office of Child Support
Enforcement (OCSE) authorized officials
on May 11, 2007. HUD and its third
party administrators will use this
matching authority to reduce or
eliminate improper assistance payments
in the housing 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);
(iii) Section 221(d)(3), 221(d)(5) or
236 of the National Housing Act (12
U.S.C. 1715l d and 1715z-1);
(iv) Section 811 of the CranstonGonzalez 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).
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,’’ and OMB Circular No.
A–130 require 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
Oversight and Government Reform of
the House of Representatives, the
Committee on Homeland Security and
Governmental Affairs of the United
States Senate, and OMB’s Office of
Information and Regulatory Affairs.
I. Authority
This matching program is being
conducted pursuant to section 453(j)(7)
of the Social Security Act; 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
VerDate Aug<31>2005
18:25 Sep 05, 2007
Jkt 211001
(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 assistance to
disclose to HUD their social security
numbers (SSNs) as a condition of initial
or continued eligibility for participation
in the programs. Subsection 453(j) of the
Social Security Act, as amended by
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);
(iii) Section 221(d)(3), 221(d)(5) or
236 of the National Housing Act (12
U.S.C. 1715ld and 1715z–1);
(iv) Section 811 of the CranstonGonzalez 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 National Directory of
New Hires (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 subsection
453(j) of the Social Security Act, as
amended by Section 217 of the
Consolidated Appropriations Act of
PO 00000
Frm 00029
Fmt 4703
Sfmt 4703
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 HUD 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 assistance programs. In
meeting these objectives, HUD is also
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
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,
records from HUD’s system of records,
known as the EIV System, published at
71 FR 45066 on August 8, 2006, will be
compared to OCSE’s database NDNH.
The NDNH contains new hire, quarterly
wage and unemployment insurance
information and is maintained in
OCSE’s system of records, ‘‘Location
and Collection System’’, No. 9–90–0074,
last published at 70 FR 21200, April 25,
2005. HUD will only transmit to HHS
for computer matching those tenant
personal identifies (i.e., full name, 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. HUD will
place matching data into EIV, which
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Federal Register / Vol. 72, No. 172 / Thursday, September 6, 2007 / Notices
will receive: (1) New hires (W–4), wage,
and unemployment insurance claim
data from HHS’ NDNH database; and (2)
Social Security (SS) and Supplemental
Security Income (SSI) benefits data from
the SSA. This will allow PHAs and O/
As to verify the income of tenants at the
time of mandatory annual and/or
interim recertifications.
mstockstill on PROD1PC66 with NOTICES
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 rental assistance, in
accordance with Chapter 5, Sections 3
and 4 of the Occupancy Requirements of
Subsidized Multifamily Housing
Programs, 4350.3 REV–1. 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 rental 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 match HUD-provided tenant
SSNs and personal identifiers (such as
surnames and dates of birth) in HUD’s
system of records known as EIV,
VerDate Aug<31>2005
18:25 Sep 05, 2007
Jkt 211001
amended August 8, 2006, 71 FR 45066
to NDNH records contained in its
‘‘Location and Collection System of
Records’’, No. 09–90–0074. HUD will
place the resulting matched data into its
EIV system. The tenant records (one
record for each family member) include
these data elements: Full name, SSN,
and date of birth. Routine uses of
records maintained in the system,
including categories of users and
purposes of such uses are identified in
Federal Register Notice Privacy Act of
1974; Amendment to an Existing System
of Records, Enterprise Income
Verification, HUD/PIH 5 (71 FR 45066).
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 17, 2007.
Bajinder Paul,
Acting, Chief Information Officer.
[FR Doc. E7–17589 Filed 9–5–07; 8:45 am]
BILLING CODE 4210–67–P
DEPARTMENT OF THE INTERIOR
Fish and Wildlife Service
Construction of a Residential
Community in Lake County, FL
Fish and Wildlife Service,
Interior.
ACTION: Notice: Receipt of application
for an incidental take permit; request for
comments.
AGENCY:
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Frm 00030
Fmt 4703
Sfmt 4703
51241
SUMMARY: We, the Fish and Wildlife
Service (Service), announce the
availability of an Incidental Take Permit
(ITP) Application and Habitat
Conservation Plan (HCP). Zenodro
Homes, Inc. (applicant) requests an ITP
for a duration of 10 years under the
Endangered Species Act of 1973, as
amended (Act). The applicant
anticipates taking approximately 3.5
acres of sand skink (Neoseps
reynoldsi)—occupied habitat incidental
to constructing a 100-unit multi-family
development in Lake County, Florida
(project). The applicant’s HCP describes
the mitigation and minimization
measures the applicant proposes to
address the effects of the project to the
sand skink.
DATES: We must receive any written
comments on the ITP application and
HCP on or before October 9, 2007.
ADDRESSES: If you wish to review the
application and HCP, you may write the
Field Supervisor at our Jacksonville
Field Office, 6620 Southpoint Drive
South, Suite 310, Jacksonville, FL
32216, or make an appointment to visit
during normal business hours. If you
wish to comment, you may mail or hand
deliver comments to the Jacksonville
Field Office, or you may e-mail
comments to paula_sisson@fws.gov. For
more information on reviewing
documents and public comments and
submitting comments, see
SUPPLEMENTARY INFORMATION.
FOR FURTHER INFORMATION CONTACT:
Paula Sisson, Fish and Wildlife
Biologist, Jacksonville Field Office (see
ADDRESSES); telephone: 904/232–2580,
ext. 126.
SUPPLEMENTARY INFORMATION:
Public Availability of Comments
Before including your address, phone
number, e-mail address, or other
personal identifying information in your
comment, you should be aware that
your entire comment—including your
personal identifying information—may
be made publicly available at any time.
While you can ask us in your comment
to withhold your personal identifying
information from public review, we
cannot guarantee that we will be able to
do so.
Please reference permit number
TE132333–0 for Zenodro Homes, Inc. in
all requests or comments. Please include
your name and return address in your
e-mail message. If you do not receive a
confirmation from us that we have
received your e-mail message, contact
us directly at the telephone number
listed under FOR FURTHER INFORMATION
CONTACT.
E:\FR\FM\06SEN1.SGM
06SEN1
]]>Agencies
[Federal Register Volume 72, Number 172 (Thursday, September 6, 2007)]
[Notices]
[Pages 51239-51241]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E7-17589]
=======================================================================
-----------------------------------------------------------------------
DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT
[Docket No. FR-5130-N-10]
Privacy Act of 1974; Supplemental Information and Technical
Correction to 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 Supplementary Information and Technical Corrections.
-----------------------------------------------------------------------
SUMMARY: This notice provides Supplementary Information and Technical
Corrections to the Computer Matching Notice published in the Federal
Register on August 8, 2006. This information changes the anticipated
effective date of the computer matching program; removes the term
``applicants'' cited in the prior notice since disclosure of applicant
information is not authorized; provides date and pertinent information
about HUD's statutorily required evaluation document and its Enterprise
Income Verification (EIV) system; provides citations for HUD
requirements described in the prior notice; and, clarifies the system
of records in the program description and records to be matched. The
authority, objectives, and the period of the match under the existing
HUD and HHS computer matching program remain unchanged. A more detailed
description about the current matching program is contained in the
Supplemental Information section.
DATES: Effective Date: The effective date of the matching program shall
be October 9, 2007, providing no comments are received which would
result in a contrary determination or 40 days after notice of the
matching program is provided to the Office of Management and Budget
(OMB) and Congress, whichever is later.
Comments Due Date: October 9, 2007.
FOR FURTHER INFORMATION CONTACT: The Departmental Privacy Act Officer,
Department of Housing and Urban Development, 451 Seventh Street, SW,
Room 4178, 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 programs identified below 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 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
[[Page 51240]]
(HUD/IG), and the Attorney General in connection with the
administration of the programs identified below.
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. The evaluation was conducted by HUD and signed by HUD and
Office of Child Support Enforcement (OCSE) authorized officials on May
11, 2007. HUD and its third party administrators will use this matching
authority to reduce or eliminate improper assistance payments in the
housing 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);
(iii) Section 221(d)(3), 221(d)(5) or 236 of the National Housing
Act (12 U.S.C. 1715l 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).
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,'' and OMB Circular No. A-130 require 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 Oversight
and Government Reform of the House of Representatives, the Committee on
Homeland Security and Governmental Affairs of the United States Senate,
and OMB's Office of Information and Regulatory Affairs.
I. Authority
This matching program is being conducted pursuant to section
453(j)(7) of the Social Security Act; 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 assistance to disclose to HUD their social security
numbers (SSNs) as a condition of initial or continued eligibility for
participation in the programs. Subsection 453(j) of the Social Security
Act, as amended by 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);
(iii) Section 221(d)(3), 221(d)(5) or 236 of the National Housing
Act (12 U.S.C. 1715ld 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 National Directory of New Hires (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 subsection
453(j) of the Social Security Act, as amended 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 HUD 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 assistance programs. In meeting these
objectives, HUD is also 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
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, records from HUD's system of
records, known as the EIV System, published at 71 FR 45066 on August 8,
2006, will be compared to OCSE's database NDNH. The NDNH contains new
hire, quarterly wage and unemployment insurance information and is
maintained in OCSE's system of records, ``Location and Collection
System'', No. 9-90-0074, last published at 70 FR 21200, April 25, 2005.
HUD will only transmit to HHS for computer matching those tenant
personal identifies (i.e., full name, 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. HUD will
place matching data into EIV, which
[[Page 51241]]
will receive: (1) New hires (W-4), wage, and unemployment insurance
claim data from HHS' NDNH database; and (2) Social Security (SS) and
Supplemental Security Income (SSI) benefits data from the SSA. This
will allow PHAs and O/As to verify the income of tenants at the time of
mandatory annual and/or interim recertifications.
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 rental assistance, in accordance with
Chapter 5, Sections 3 and 4 of the Occupancy Requirements of Subsidized
Multifamily Housing Programs, 4350.3 REV-1. 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 rental 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 match HUD-provided tenant SSNs and personal identifiers
(such as surnames and dates of birth) in HUD's system of records known
as EIV, amended August 8, 2006, 71 FR 45066 to NDNH records contained
in its ``Location and Collection System of Records'', No. 09-90-0074.
HUD will place the resulting matched data into its EIV system. The
tenant records (one record for each family member) include these data
elements: Full name, SSN, and date of birth. Routine uses of records
maintained in the system, including categories of users and purposes of
such uses are identified in Federal Register Notice Privacy Act of
1974; Amendment to an Existing System of Records, Enterprise Income
Verification, HUD/PIH 5 (71 FR 45066).
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 17, 2007.
Bajinder Paul,
Acting, Chief Information Officer.
[FR Doc. E7-17589 Filed 9-5-07; 8:45 am]
BILLING CODE 4210-67-P
