Privacy Act of 1974; Notice of Matching Program Between the United States Department of Housing and Urban Development (HUD) and the United States Department of Agriculture Rural Housing Service (RHS), 63188-63190 [E8-25267]
Download as PDF
<![CDATA[
63188
Federal Register / Vol. 73, No. 206 / Thursday, October 23, 2008 / Notices
Avenue, NW., Suite 1500N,
Washington, DC 20229, 202–344–1060.
Dated: October 16, 2008.
Ira S. Reese,
Executive Director, Laboratories and
Scientific Services.
[FR Doc. E8–25251 Filed 10–22–08; 8:45 am]
BILLING CODE 9111–14–P
DEPARTMENT OF HOUSING AND
URBAN DEVELOPMENT
[Docket No. FR–5191–N–36]
Notice of Proposed Information
Collection: Comment Request Local
Appeals to Single Family Mortgage
Limits
Office of the Assistant
Secretary for Housing, HUD.
ACTION: Notice.
AGENCY:
The proposed information
collection requirement described below
will be submitted to the Office of
Management and Budget (OMB) for
review, as required by the Paperwork
Reduction Act. The Department is
soliciting public comments on the
subject proposal.
DATES: Comments Due Date: December
22, 2008.
ADDRESSES: Interested persons are
invited to submit comments regarding
this proposal. Comments should refer to
the proposal by name and/or OMB
Control Number and should be sent to:
Lillian Deitzer, Departmental Reports
Management Officer, QDAM,
Department of Housing and Urban
Development, 451 7th Street, SW.,
Washington, DC 20410; e-mail
Lillian_L._Deitzer@HUD.gov or
telephone (202) 402–8048.
FOR FURTHER INFORMATION CONTACT:
Program Contact, Director, Office of
Single Family Program Development,
Department of Housing and Urban
Development, 451 7th Street SW.,
Washington, DC 20410, telephone (202)
708–2121 (this is not a toll free number)
for copies of the proposed forms and
other available information.
SUPPLEMENTARY INFORMATION: The
Department is submitting the proposed
information collection to OMB for
review, as required by the Paperwork
Reduction Act of 1995 (44 U.S.C.
Chapter 35, as amended).
This Notice is soliciting comments
from members of the public and affected
agencies concerning the proposed
collection of information to: (1) Evaluate
whether the proposed collection is
necessary for the proper performance of
the functions of the agency, including
dwashington3 on PRODPC61 with NOTICES
SUMMARY:
VerDate Aug<31>2005
14:58 Oct 22, 2008
Jkt 217001
whether the information will have
practical utility; (2) Evaluate the
accuracy of the agency’s estimate of the
burden of the proposed collection of
information; (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
the use of appropriate automated
collection techniques or other forms of
information technology, e.g., permitting
electronic submission of responses.
This Notice also lists the following
information:
Title of Proposal: Local Appeals to
Single Family Mortgage Limits.
OMB Control Number, if applicable:
2502–0302.
1. Description of the need for the
information and proposed use: Any
interested party may submit a request
for the mortgage limits to be increased
in a particular area if they believe that
the present limit does not accurately
reflect the higher sales prices in that
area. Any request for an increase must
be accompanied by sufficient housing
sales price data to justify higher limits.
Typically, this data includes housing
sales data extracted from multiple
listing services (MLS) that includes all
or nearly all one-family and
condominium sales in the area for a
specified period of time, deleting all
non-arms length sales and sales
involving two or more family units.
This data should be categorized as
shown in the table below in a listing of
all, or nearly all, of the one-family
properties sold in the area for a period
of time, depending on the volume of
sales. HUD uses the information
collected to determine whether an
increase is warranted.
Estimation of the total numbers of
hours needed to prepare the information
collection including number of
respondents, frequency of response, and
hours of response: The number of
burden hours annually is 31,000. The
number of respondents is 4500, the
number of responses is 4500, the
frequency of response is averaged one
per respondent, and the burden hour
per response is 7.
Status of the proposed information
collection: This is a renewal of OMB
Control Number 2502–0302.
Authority: The Paperwork Reduction Act
of 1995, 44 U.S.C., Chapter 35, as amended.
Dated: October 15, 2008.
Ronald Y. Spraker,
Acting General Deputy Assistant Secretary
for Housing—Deputy Federal Housing
Commissioner.
[FR Doc. E8–25268 Filed 10–22–08; 8:45 am]
BILLING CODE 4210–67–P
DEPARTMENT OF HOUSING AND
URBAN DEVELOPMENT
[Docket No. FR–5130–N–34]
Privacy Act of 1974; Notice of
Matching Program Between the United
States Department of Housing and
Urban Development (HUD) and the
United States Department of
Agriculture Rural Housing Service
(RHS)
Office of the Chief Information
Officer, HUD.
ACTION: Notice of a Computer Matching
Program between HUD and the
Department of Agriculture RHS.
AGENCY:
SUMMARY: Pursuant to the Computer
Matching and Privacy Protection Act of
1988, as amended, and the Office of
Revised
Management and Budget’s (OMB)
data
Guidance on the statute, HUD is
Sales volume
period
announcing a new matching program
(month)
involving comparisons between data
500 or more per month ................
1 provided by participants in HUD’s
250 to 499 per month ...................
2 assisted housing programs and
250 or less per month ..................
3 applicants for RHS’s rural housing
programs. The matching program will
These requests are usually submitted
be carried out to identify individuals
by housing industry groups, such as
who are receiving excess or duplicate
homebuilders, realtors, and mortgage
housing assistance as a result of
lenders. Most often, the housing sales
Hurricanes Katrina and Rita.
price data is necessary to support a
The matching program will be
request for a higher mortgage limit that
accomplished by comparing information
may be obtained from existing local
from HUD’s systems of records known
industry sources, such as the real estate
as (1) the Tenant Housing Assistance
multiple listing services.
and Contract Verification Data (HUD/H–
The request for an increase to the
11 and (2) the Inventory Management
mortgage limit is required to obtain
System, previously the Public and
benefits.
Indian Housing Information Center
Agency form numbers, if applicable:
(HUD/PIH–4), with disaster emergency
None.
assistance data maintained by RHS
PO 00000
Frm 00057
Fmt 4703
Sfmt 4703
E:\FR\FM\23OCN1.SGM
23OCN1
dwashington3 on PRODPC61 with NOTICES
Federal Register / Vol. 73, No. 206 / Thursday, October 23, 2008 / Notices
Multifamily Programs (MFH) in its
system of records known as the
Multifamily Information System (MFIS),
and Single Family Housing Programs
(SFH) in its Dedicated Loan Origination
and Servicing System (DLOS)
MortgageServ and Unifi record systems
for direct loans and grants, and the
Guaranteed Loan System (GLS) for
guaranteed loans to identify participants
who are receiving access to duplicate
disaster assistance payments.
DATES: Effective Date: Computer
matching is expected to begin November
24, 2008, unless comments are received
which will result in a contrary
determination, or 40 days after copies of
the underlying matching agreement are
signed, approved by HUD and RHS Data
Integrity Boards, and sent to both
Houses of Congress, whichever is later.
Comments Due Date: November 24,
2008.
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 8 a.m. and 5 p.m.
weekdays at the above address.
FOR FURTHER INFORMATION CONTACT: For
the Privacy Act contact Donna
Robinson-Staton, Departmental Privacy
Act Officer, Department of Housing and
Urban Development, 451 Seventh Street,
SW., Room 2256, Washington, DC
20410, telephone number (202) 402–
8073. 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, (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–
VerDate Aug<31>2005
14:58 Oct 22, 2008
Jkt 217001
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
Homeland Security and 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
PO 00000
Frm 00058
Fmt 4703
Sfmt 4703
63189
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, Public Law 93–288,
as amended, and 7 CFR part 1951,
subpart O, must assure that no person
receiving disaster assistance receives
unauthorized assistance.
II. Objective To Be Met by the Matching
Program
HUD’s primary objectives in
implementing the computer matching
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. HUD’s
Office of General Counsel (OGC) will
compare the identity, reported income,
family size, address and benefit data of
Rural Development’s emergency Rental
Assistance program contained in MFIS.
The comparisons will identify, based on
criteria established by HUD–OIG,
individuals whose incomes, family size,
address, or benefit levels require further
verification to determine if they
received appropriate levels of Federal
assistance.
Similarly, HUD–OIG will compare
benefit data of Rural Development’s
section 502 loan and section 504 loan
and grant Natural Disaster/Hurricane
programs contained in DLOS and GLS.
Any match (i.e., a ‘‘hit’’) will be
further reviewed by the HUD–OIG to
determine whether the recipient was
eligible to receive the assistance. Hits
shall also be provided to, and further
reviewed by, RHA and USDA–OIG to
determine whether duplicate assistance
was provided.
III. Program Description
In this matching program, tenantprovided information included in
HUD’s systems of records known as the
Tenant Housing Assistance and Contract
Verification Data (HUD/H–11), last
published at 62 FR 11909 (March 13,
1997), and (2) the Inventory
Management System, previously the
Public and Indian Housing Information
Center (HUD/PIH–4), published in the
Federal Register on October 7, 2002,
will be compared with RHS’s MFIS,
DLOS, and GLS ‘‘Disaster Assistance’’
system of records. RHS will provide
E:\FR\FM\23OCN1.SGM
23OCN1
63190
Federal Register / Vol. 73, No. 206 / Thursday, October 23, 2008 / Notices
HUD with records from the MFIS,
DLOS, and GLS systems that identify
recipients of emergency Rental
Assistance and Natural Disaster/
Hurricane housing loans and grants and
loan guarantees. The notice for this
system is contained in the System of
Records titled ‘‘USDA/Rural
Development’’, last published in 63 FR
38546 (July 17, 1998), and the
disclosure will be made in accordance
with routine use ‘‘15,’’ which permits
disclosure to another Federal agency
‘‘for the purpose of determining
compliance with Federal regulations
and appropriate servicing actions
against those not entitled to program
benefits, including possible recovery of
improper benefits.’’ The comparisons
will identify, based on criteria
established by HUD–OIG, individuals
whose incomes, family size, address, or
benefit levels require further verification
to determine if they received
appropriate levels of Federal assistance.
dwashington3 on PRODPC61 with NOTICES
A. Income Verification Procedures
Any match (i.e., a ‘‘hit’’) will be
further reviewed by the HUD–OIG to
determine whether the recipient was
eligible to receive the assistance. Hits
shall also be provided to, and further
reviewed by, RHA and USDA–OIG to
determine whether duplicate assistance
was provided.
In order to protect any individuals
whose records are used in matching, the
HA or subsidized multifamily project
owner or management agent will not
suspend, terminate, reduce, or make a
final denial of any housing assistance to
such individual, or take other adverse
action against such individual as a
result of information produced by such
matching program, until an officer or
employee of such agency has
independently verified such
information. This independent
verification includes: (1) Comparing
automated tenant data with manual files
to verify tenant identity, family
composition and reported income; (2)
verifying the tenants’ income by sending
HUD prepared income confirmations to
employers for cases where records
indicate unreported or under-reported
income; (3) analyzing the confirmed
information; (4) calculating the
unreported income and excessive
housing assistance received by the
family; (5) determining whether the
individual actually has or had access to
such income for the individual’s own
use; and (6) determining the period or
periods when the individual actually
had such income.
VerDate Aug<31>2005
14:58 Oct 22, 2008
Jkt 217001
B. Administrative or Legal Actions
HUD–OIG shall also provide reports
to RHS and/or USDA–OIG for reasons of
information verification concerning
excess and/or duplicate housing
assistance payments. Upon completion
of the verification procedures, cases
may be referred to Federal, state or local
law enforcement authorities (including
HUD–OIG and USDA–OIG) for
consideration of criminal or civil
prosecution. Cases that are not referred
for—or after referral are rejected for—
criminal or civil prosecution, may be
referred to HAs, multifamily project
owners or management agents to initiate
administrative actions according to
applicable procedures.
A HA, project owner or management
agent may not suspend, terminate,
reduce, or make a final denial of any
housing assistance to any individual or
take other adverse action against such
individual as a result of information
produced by a matching program: (1)
Unless the individual has received a
statement of the findings, including
notice to the individual of the
opportunity to contest such findings;
and (2) until the expiration of a 30
calendar-day period from the date of the
notice in (1).
If the matching subject responds
within the 30 calendar-day notice
period and indicates acceptance of the
validity of the adverse information,
immediate action to reduce or terminate
benefits may be taken.
IV. Records To Be Matched
A description of the tenant records
(one record for each family member)
includes 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.
DLOS and GLS systems records (one
record for each loan/grant) includes
these data elements: (1) Account
number for each loan/grant; (2) SSNs for
each borrower/co-borrower (Borrower
ID—primary/secondary); (3) Last Name,
First Name, Middle Initial, and Property
Address for loan/grant; (5) Sex; (6)
Program Title; (7) Date of the Obligation,
amount, and unpaid balance; (8) Age of
borrower/co-borrower; (9) Date of
Application; (10) Date of Approval; and
(11) Program Type Code.
For matched applicants (i.e., ‘‘hits’’),
HUD–OIG will match the following
information from MFIS, DLOS and GLS:
PO 00000
Frm 00059
Fmt 4703
Sfmt 4703
name(s), address(es), social security
number(s), assistance date(s), and
rental/loan/grant assistance amount(s).
V. Period of the Match
This agreement shall become effective
30 days after publication of a computer
matching notice in the Federal Register,
or 40 days after the agreement is signed
by both Data Integrity Boards and has
been transmitted to Congress and the
OMB for review, whichever is later.
This agreement will terminate when the
purpose of the computer match is
accomplished, or 18 months from the
date this signed agreement is sent to
both Houses of Congress and OMB,
whichever comes first. Should the
purpose not be accomplished within 18
months, the agreement may be extended
for one 12-month period, with the
mutual agreement of all involved
parties, if within three months of the
expiration date, the respective Data
Integrity Boards review the agreement
and find that the program will be
conducted without change, find a
continued favorable examination of
cost/benefit results, and all involved
parties certify that the program has been
conducted in compliance with this
agreement. This agreement may be
terminated, prior to accomplishment of
the computer matching purpose or 18
months from the date this signed
agreement is sent to both Houses of
Congress and OMB (whichever comes
first), by the mutual agreement of all
involved parties, with 30 days written
notice.
Authority: 5 U.S.C. 552a; 88 Stat. 1986; 42
U.S.C. 3535(d).
Dated: October 16, 2008.
Lisa Schlosser,
Chief Information Officer.
[FR Doc. E8–25267 Filed 10–22–08; 8:45 am]
BILLING CODE 4210–67–P
DEPARTMENT OF THE INTERIOR
Fish and Wildlife Service
[FWS–R7–R–2008–N0068; 70133–1265–000–
S3]
Tetlin National Wildlife Refuge, Tok,
AK
Fish and Wildlife Service,
Interior.
ACTION: Notice of availability of the
revised comprehensive conservation
plan and finding of no significant
impact for environmental assessment.
AGENCY:
SUMMARY: We, the U.S. Fish and
Wildlife Service (Service) announce the
availability of our Revised
E:\FR\FM\23OCN1.SGM
23OCN1
]]>Agencies
[Federal Register Volume 73, Number 206 (Thursday, October 23, 2008)]
[Notices]
[Pages 63188-63190]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E8-25267]
-----------------------------------------------------------------------
DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT
[Docket No. FR-5130-N-34]
Privacy Act of 1974; Notice of Matching Program Between the
United States Department of Housing and Urban Development (HUD) and the
United States Department of Agriculture Rural Housing Service (RHS)
AGENCY: Office of the Chief Information Officer, HUD.
ACTION: Notice of a Computer Matching Program between HUD and the
Department of Agriculture RHS.
-----------------------------------------------------------------------
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 matching program
involving comparisons between data provided by participants in HUD's
assisted housing programs and applicants for RHS's rural housing
programs. The matching program will be carried out to identify
individuals who are receiving excess or duplicate housing assistance as
a result of Hurricanes Katrina and Rita.
The matching program will be accomplished by comparing information
from HUD's systems of records known as (1) the Tenant Housing
Assistance and Contract Verification Data (HUD/H-11 and (2) the
Inventory Management System, previously the Public and Indian Housing
Information Center (HUD/PIH-4), with disaster emergency assistance data
maintained by RHS
[[Page 63189]]
Multifamily Programs (MFH) in its system of records known as the
Multifamily Information System (MFIS), and Single Family Housing
Programs (SFH) in its Dedicated Loan Origination and Servicing System
(DLOS) MortgageServ and Unifi record systems for direct loans and
grants, and the Guaranteed Loan System (GLS) for guaranteed loans to
identify participants who are receiving access to duplicate disaster
assistance payments.
DATES: Effective Date: Computer matching is expected to begin November
24, 2008, unless comments are received which will result in a contrary
determination, or 40 days after copies of the underlying matching
agreement are signed, approved by HUD and RHS Data Integrity Boards,
and sent to both Houses of Congress, whichever is later.
Comments Due Date: November 24, 2008.
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 8 a.m. and 5 p.m. weekdays at
the above address.
FOR FURTHER INFORMATION CONTACT: For the Privacy Act contact Donna
Robinson-Staton, Departmental Privacy Act Officer, Department of
Housing and Urban Development, 451 Seventh Street, SW., Room 2256,
Washington, DC 20410, telephone number (202) 402-8073. 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,
(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 Homeland
Security and 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,
Public Law 93-288, as amended, and 7 CFR part 1951, subpart O, must
assure that no person receiving disaster assistance receives
unauthorized assistance.
II. Objective To Be Met by the Matching Program
HUD's primary objectives in implementing the computer matching
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. HUD's Office of
General Counsel (OGC) will compare the identity, reported income,
family size, address and benefit data of Rural Development's emergency
Rental Assistance program contained in MFIS. The comparisons will
identify, based on criteria established by HUD-OIG, individuals whose
incomes, family size, address, or benefit levels require further
verification to determine if they received appropriate levels of
Federal assistance.
Similarly, HUD-OIG will compare benefit data of Rural Development's
section 502 loan and section 504 loan and grant Natural Disaster/
Hurricane programs contained in DLOS and GLS.
Any match (i.e., a ``hit'') will be further reviewed by the HUD-OIG
to determine whether the recipient was eligible to receive the
assistance. Hits shall also be provided to, and further reviewed by,
RHA and USDA-OIG to determine whether duplicate assistance was
provided.
III. Program Description
In this matching program, tenant-provided information included in
HUD's systems of records known as the Tenant Housing Assistance and
Contract Verification Data (HUD/H-11), last published at 62 FR 11909
(March 13, 1997), and (2) the Inventory Management System, previously
the Public and Indian Housing Information Center (HUD/PIH-4), published
in the Federal Register on October 7, 2002, will be compared with RHS's
MFIS, DLOS, and GLS ``Disaster Assistance'' system of records. RHS will
provide
[[Page 63190]]
HUD with records from the MFIS, DLOS, and GLS systems that identify
recipients of emergency Rental Assistance and Natural Disaster/
Hurricane housing loans and grants and loan guarantees. The notice for
this system is contained in the System of Records titled ``USDA/Rural
Development'', last published in 63 FR 38546 (July 17, 1998), and the
disclosure will be made in accordance with routine use ``15,'' which
permits disclosure to another Federal agency ``for the purpose of
determining compliance with Federal regulations and appropriate
servicing actions against those not entitled to program benefits,
including possible recovery of improper benefits.'' The comparisons
will identify, based on criteria established by HUD-OIG, individuals
whose incomes, family size, address, or benefit levels require further
verification to determine if they received appropriate levels of
Federal assistance.
A. Income Verification Procedures
Any match (i.e., a ``hit'') will be further reviewed by the HUD-OIG
to determine whether the recipient was eligible to receive the
assistance. Hits shall also be provided to, and further reviewed by,
RHA and USDA-OIG to determine whether duplicate assistance was
provided.
In order to protect any individuals whose records are used in
matching, the HA or subsidized multifamily project owner or management
agent will not suspend, terminate, reduce, or make a final denial of
any housing assistance to such individual, or take other adverse action
against such individual as a result of information produced by such
matching program, until an officer or employee of such agency has
independently verified such information. This independent verification
includes: (1) Comparing automated tenant data with manual files to
verify tenant identity, family composition and reported income; (2)
verifying the tenants' income by sending HUD prepared income
confirmations to employers for cases where records indicate unreported
or under-reported income; (3) analyzing the confirmed information; (4)
calculating the unreported income and excessive housing assistance
received by the family; (5) determining whether the individual actually
has or had access to such income for the individual's own use; and (6)
determining the period or periods when the individual actually had such
income.
B. Administrative or Legal Actions
HUD-OIG shall also provide reports to RHS and/or USDA-OIG for
reasons of information verification concerning excess and/or duplicate
housing assistance payments. Upon completion of the verification
procedures, cases may be referred to Federal, state or local law
enforcement authorities (including HUD-OIG and USDA-OIG) for
consideration of criminal or civil prosecution. Cases that are not
referred for--or after referral are rejected for--criminal or civil
prosecution, may be referred to HAs, multifamily project owners or
management agents to initiate administrative actions according to
applicable procedures.
A HA, project owner or management agent may not suspend, terminate,
reduce, or make a final denial of any housing assistance to any
individual or take other adverse action against such individual as a
result of information produced by a matching program: (1) Unless the
individual has received a statement of the findings, including notice
to the individual of the opportunity to contest such findings; and (2)
until the expiration of a 30 calendar-day period from the date of the
notice in (1).
If the matching subject responds within the 30 calendar-day notice
period and indicates acceptance of the validity of the adverse
information, immediate action to reduce or terminate benefits may be
taken.
IV. Records To Be Matched
A description of the tenant records (one record for each family
member) includes 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.
DLOS and GLS systems records (one record for each loan/grant)
includes these data elements: (1) Account number for each loan/grant;
(2) SSNs for each borrower/co-borrower (Borrower ID--primary/
secondary); (3) Last Name, First Name, Middle Initial, and Property
Address for loan/grant; (5) Sex; (6) Program Title; (7) Date of the
Obligation, amount, and unpaid balance; (8) Age of borrower/co-
borrower; (9) Date of Application; (10) Date of Approval; and (11)
Program Type Code.
For matched applicants (i.e., ``hits''), HUD-OIG will match the
following information from MFIS, DLOS and GLS: name(s), address(es),
social security number(s), assistance date(s), and rental/loan/grant
assistance amount(s).
V. Period of the Match
This agreement shall become effective 30 days after publication of
a computer matching notice in the Federal Register, or 40 days after
the agreement is signed by both Data Integrity Boards and has been
transmitted to Congress and the OMB for review, whichever is later.
This agreement will terminate when the purpose of the computer match is
accomplished, or 18 months from the date this signed agreement is sent
to both Houses of Congress and OMB, whichever comes first. Should the
purpose not be accomplished within 18 months, the agreement may be
extended for one 12-month period, with the mutual agreement of all
involved parties, if within three months of the expiration date, the
respective Data Integrity Boards review the agreement and find that the
program will be conducted without change, find a continued favorable
examination of cost/benefit results, and all involved parties certify
that the program has been conducted in compliance with this agreement.
This agreement may be terminated, prior to accomplishment of the
computer matching purpose or 18 months from the date this signed
agreement is sent to both Houses of Congress and OMB (whichever comes
first), by the mutual agreement of all involved parties, with 30 days
written notice.
Authority: 5 U.S.C. 552a; 88 Stat. 1986; 42 U.S.C. 3535(d).
Dated: October 16, 2008.
Lisa Schlosser,
Chief Information Officer.
[FR Doc. E8-25267 Filed 10-22-08; 8:45 am]
BILLING CODE 4210-67-P
