Privacy Act of 1974; Notice of a Computer Matching Program Between the Department of Housing and Urban Development (HUD) and the Social Security Administration (SSA): Matching Tenant Data in Assisted Housing Programs, 10605-10608 [E9-5127]
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Federal Register / Vol. 74, No. 46 / Wednesday, March 11, 2009 / Notices
(Presidentially Declared Disasters); 97.039,
Hazard Mitigation Grant.)
(Presidentially Declared Disasters); 97.039,
Hazard Mitigation Grant.)
Nancy Ward,
Acting Administrator, Federal Emergency
Management Agency.
[FR Doc. E9–5233 Filed 3–10–09; 8:45 am]
Nancy Ward,
Acting Administrator, Federal Emergency
Management Agency.
[FR Doc. E9–5234 Filed 3–10–09; 8:45 am]
BILLING CODE 9111–23–P
BILLING CODE 9111–23–P
DEPARTMENT OF HOMELAND
SECURITY
DEPARTMENT OF HOUSING AND
URBAN DEVELOPMENT
Federal Emergency Management
Agency
[Docket No. FR–5285–N–05]
[Internal Agency Docket No. FEMA–1820–
DR; Docket ID FEMA–2008–0018]
Oklahoma; Amendment No. 1 to Notice
of a Major Disaster Declaration
AGENCY: Federal Emergency
Management Agency, DHS.
ACTION: Notice.
SUMMARY: This notice amends the notice
of a major disaster declaration for the
State of Oklahoma (FEMA–1820–DR),
dated February 15, 2009, and related
determinations.
DATES:
Effective Date: February 25,
2009.
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FOR FURTHER INFORMATION CONTACT:
Peggy Miller, Disaster Assistance
Directorate, Federal Emergency
Management Agency, 500 C Street, SW.,
Washington, DC 20472, (202) 646–3886.
SUPPLEMENTARY INFORMATION: The notice
of a major disaster declaration for the
State of Oklahoma is hereby amended to
include Public Assistance in the
following areas among those areas
determined to have been adversely
affected by the event declared a major
disaster by the President in his
declaration of February 15, 2009.
Carter County for Public Assistance,
including direct Federal assistance, (already
designated for Individual Assistance).
Coal and Love Counties for Public
Assistance, including direct Federal
assistance.
(The following Catalog of Federal Domestic
Assistance Numbers (CFDA) are to be used
for reporting and drawing funds: 97.030,
Community Disaster Loans; 97.031, Cora
Brown Fund; 97.032, Crisis Counseling;
97.033, Disaster Legal Services; 97.034,
Disaster Unemployment Assistance (DUA);
97.046, Fire Management Assistance Grant;
97.048, Disaster Housing Assistance to
Individuals and Households In Presidentially
Declared Disaster Areas; 97.049,
Presidentially Declared Disaster Assistance—
Disaster Housing Operations for Individuals
and Households; 97.050 Presidentially
Declared Disaster Assistance to Individuals
and Households—Other Needs; 97.036,
Disaster Grants—Public Assistance
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Notice of Proposed Information
Collection: Comment Request;
Mortgagee’s Certification of Fees and
Escrow
AGENCY: Office of the Assistant
Secretary for Housing, HUD.
ACTION: Notice.
SUMMARY: 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: May 11,
2009.
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:
Joyce Allen, Director, Office of
Multifamily Development, Department
of Housing and Urban Development,
451 7th Street, SW., Washington, DC
20410, telephone (202) 708–1142 (this is
not a toll free number) for copies of the
proposed forms and other available
information.
ADDRESSES:
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
whether the information will have
SUPPLEMENTARY INFORMATION:
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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: Mortgagee’s
Certificate.
OMB Control Number, if applicable:
2502–0468.
Description of the need for the
information and proposed use: The
information collection is used by
Mortgagees to ensure that fees are
within acceptable limits and the
required escrows will be collected. HUD
determines the reasonableness of the
fees and uses the information in
calculating the financial requirement for
closing.
Agency form numbers, if applicable:
HUD–2434.
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 is 750. The number of
respondents is 1,000. The estimated
number of annual responses is 1,000.
The frequency of each response is once
for each application submitted for
mortgage insurance.
Status of the proposed information
collection: This is an extension of a
currently approved collection.
Authority: The Paperwork Reduction Act
of 1995, 44 U.S.C., Chapter 35, as amended.
Dated: March 4, 2009.
Ronald Spraker,
Deputy Assistant Secretary for Finance and
Budget.
[FR Doc. E9–5125 Filed 3–10–09; 8:45 am]
BILLING CODE 4210–67–P
DEPARTMENT OF HOUSING AND
URBAN DEVELOPMENT
[Docket No. FR–5291–N–02]
Privacy Act of 1974; Notice of a
Computer Matching Program Between
the Department of Housing and Urban
Development (HUD) and the Social
Security Administration (SSA):
Matching Tenant Data in Assisted
Housing Programs
AGENCY: Office of the Chief Information
Officer, HUD.
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Federal Register / Vol. 74, No. 46 / Wednesday, March 11, 2009 / Notices
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ACTION: Notice of a computer matching
program between HUD and SSA.
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 (5U.S.C. 552a,
as amended), HUD is notifying the
public of its intent to enter into a new
computer matching program with SSA
in May 2009. HUD will obtain SSA data
and make the results available to (1)
program administrators such as public
housing agencies (PHAs) and private
owners and management agents (O/As)
to enable them to verify the accuracy of
income reported by the tenants
(participants) of HUD rental assistance
programs and (2) contract
administrators (CAs) overseeing and
monitoring O/A operations as well as
independent public auditors (IPAs) that
audit both PHAs and O/As. SSA data
will also be used to validate information
provided by borrowers and coborrowers applying for and obtaining
insurance for Federal Housing
Administration (FHA) mortgages.
Administrators of HUD rental
assistance programs rely upon the
accuracy of tenant-reported income to
determine participant eligibility for and
level of, rental assistance. The computer
matching program will provide
indicators of potential under-reported
tenant income that will require
additional verification to identify
inappropriate (excess or insufficient)
rental assistance, and perhaps
administrative or legal actions. The
matching program will be carried out to
detect inappropriate (excessive or
insufficient) rental assistance under
sections 221(3), 221(d)(5), and 236 of
the National Housing Act, the United
States Housing Act of 1937, section 101
of the Housing and Community
Development Act of 1965, section 202 of
the Housing Act of 1959, section 811 of
the Cranston-Gonzalez National
Affordable Housing Act, the Native
American Housing Assistance and SelfDetermination Act of 1996, and the
Quality Housing and Work
Responsibility Act (QHWRA) of 1998.
The program will also provide for
verification of Social Security numbers
(SSNs) for tenants participating in
covered rental assistance programs, and
borrowers and co-borrowers applying
for mortgage insurance for FHA loans
through HUD. This Notice provides an
overview of computer matching for
HUD’s rental assistance programs.
Specifically, the Notice describes HUD’s
program for computer matching of its
tenant data to SSA’s death data, Social
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Security (SS) and Supplemental
Security Income (SSI) benefits data.
DATES: Effective Date: Computer
matching is expected to begin April 10,
2009, unless comments are received
which will result in a contrary
determination, or 40 days from the date
a computer matching agreement is
signed, whichever is later.
Comments Due Date: April 10, 2009.
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.
Comments sent by facsimile 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 inquires: Office of the Chief
Information Officer, contact Donna
Robinson-Staton, Departmental Privacy
Act Officer, HUD, 451 Seventh Street,
SW., Room 2256, Washington, DC
20410, telephone number (202) 402–
8073. For program information: Office of
Public and Indian Housing, contact
Nicole Faison, Director of the Office of
Public Housing Programs, Department
of Housing and Urban Development,
451 Seventh Street, SW., Room 4226,
Washington, DC 20410, telephone
number (202) 708–0744; Office of
Housing, contact Gail Williamson,
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) 402–
2473. (These are not toll free telephone
numbers). A telecommunications device
for hearing- and speech-impaired
individuals (TTY) is available at (800)
877–8339 (Federal Information Relay
Service).
SUPPLEMENTARY INFORMATION: This
Notice supersedes a similar notice
published in the Federal Register (FR)
on October 5, 2006 at 71 FR 58871. 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,
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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 and Oversight of
the House of Representatives, the
Committee of 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 Privacy Act
of 1974 (5 U.S.C 552a); 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 SelfDetermination Act of 1996 (25 U.S.C.
4101 et seq.); and the QHWRA Act of
1998 (42 U.S.C. 1437a(f)). The Housing
and Community Development Act of
1987 authorizes HUD to require
participants (and applicants) in HUDadministered programs involving loan
and rental assistance to disclose to HUD
their social security numbers (SSNs) as
a condition of continuing (or initial)
eligibility for participation in the
programs. The QHWRA of 1998, section
508(d), 42 U.S.C. 1437a(f) authorizes the
Secretary of HUD to require disclosure
by the tenant to the PHA of income
information received by the tenant from
HUD as part of the income verification
procedures of HUD. The QHWRA was
amended by Public Law 106–74, which
extended the disclosure requirements to
participants in section 8, section 202,
and section 811 assistance programs.
The participants are required to disclose
the HUD-provided income information
to owners responsible for determining
the participant’s eligibility or level of
benefits.
II. Covered Programs
This Notice of computer matching
program applies to the following rental
assistance programs:
A. Public Housing.
B. Section 8 Housing Choice Voucher
(HCV).
C. Project-based Section 8.
1. New Construction.
2. State Agency Financed.
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3. Substantial Rehabilitation.
4. Section 202/8.
5. Rural Housing Services Section
515/8.
6. Loan Management Set-Aside
(LMSA).
7. Property Disposition Set-Aside
(PDSA).
D. Rent Supplement.
E. Rental Assistance Payment (RAP).
F. Section 202/162 Project Assistance
Contract (PAC).
G. Section 202 Project Rental
Assistance Contract (PRAC).
H. Section 811 PRAC.
I. Section 236.
J. Section 221(d)(3) Below Market
Interest Rate (BMIR).
Note: This Notice does not apply to the
Low Income Housing Tax Credit (LIHTC) or
the Rural Housing Services Section 515
without Section 8 programs.
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III. Objectives To Be Met by the
Matching Program
HUD’s primary objective in
implementing the computer matching
program is to verify the income of
individuals participating in the rental
assistance programs identified in
paragraph II above to determine the
appropriate level of rental assistance,
and to detect, deter, reduce and correct
fraud and abuse in rental assistance
programs. In meeting this objective,
HUD also is carrying out its
responsibility under 42 U.S.C. 1437f(K)
to ensure that income data provided to
POAs by household members is
complete and accurate. HUD’s various
assisted housing programs,
administered through POAs, require
that applicants and participants meet
certain income and other criteria to be
eligible for rental assistance. In
addition, tenants generally are required
to report the amounts and sources of
their income at least annually. However,
under the QHWRA of 1998, PHAs must
offer public housing tenants the option
to pay a flat rent, or an income-based
rent annually. Those tenants who select
a flat rent will be required to recertify
income at least every three years. In
addition, the Changes to the Admissions
and Occupancy Final Rule (March 29,
2000; 65 FR 16692) specified that
household composition must be
recertified annually for tenants who
select a flat rent or income-based rent.
Other objectives of this computer
matching program include: (1)
Increasing the availability of rental
assistance to individuals who meet the
requirements of the rental assistance
programs; (2) after removal of personal
identifiers, conducting analyses of the
Social Security death data and benefit
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information, and income reporting of
program participants; and (3) measure
improper payments due to underreporting of income and/or overpayment
of subsidy on behalf of deceased
program participants (single member
households).
III. Program Description
In this computer matching program,
tenant-provided information included
in HUD’s automated systems of records
known as Tenant Rental Assistance
Certification System (TRACS) (HUD/H–
11) and the Inventory Management
System (IMS), formerly known as the
Public and Indian Housing Information
Center (PIC) (HUD/PIH–4), will be
compared to data from SSA databases.
The notices for these systems were
published at 62 FR 11909 and 73 FR
58256, respectively. HUD will disclose
to SSA only tenant personal identifiers,
i.e., full name, Social Security number,
and date of birth. SSA will match the
HUD-provided personal identifiers to
personal identifiers included in their
various systems of records identified in
Section IV of this notice. SSA will
validate HUD-provided personal
identifiers and provide income data to
HUD only for individuals with matched
personal identifiers. SSA will also
provide the date of death or indication
of death for any program participant
whose HUD-supplied personal
identifiers are successfully matched
against SSA databases. For any
individual whose personal identifiers
do not match the personal identifiers in
the SSA database, SSA will provide
HUD with an error message, which will
describe the reason(s) for no match (i.e.
incorrect date of birth or surname, or
invalid Social Security number).
A. Income Verification
Any match (i.e., a ‘‘hit’’) will be
further reviewed by HUD, the POAs, 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 SS and SSI benefit information
and other data will be sought directly
from tenants. For public housing and
Section 8 tenant-based HCV programs,
tenants will be required to provide
PHAs with original SSA benefit
verification letters dated within the last
60 days for comparison to computer
matching results for accuracy. For
multifamily housing programs, tenants
must provide O/As with SSA benefit
verification letters dated within the last
120 days. For SS and SSI benefit
information for prior years, the tenant
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may be required to provide POAs with
an original benefit history document
from SSA if there is a dispute regarding
historical income information obtained
through the computer matching
program.
B. Administrative or Legal Actions
Regarding all the matching described
in this notice, POAs will take
appropriate action in consultation with
tenants to: (1) Resolve income
disparities between tenant-reported and
SSA-reported data; and (2) Use correct
income amounts in determining rental
assistance.
POAs must compute the rent in full
compliance with all applicable statutes,
regulations and administrator policies.
POAs must ensure that they use the
correct income and correctly compute
the rent. In order to protect any
individual whose records are used in
this matching program, POAs may not
suspend, terminate, reduce, or make a
final denial of any rental assistance to
any tenant, or take other adverse action
against the tenant as a result of
information produced by this matching
program until: (a) The tenant has
received notice from the POA of its
findings and has been informed of the
opportunity to contest such findings; (b)
The POA has independently verified the
information; and (c) either the notice
period provided in applicable
regulations of the program, or 30 days,
whichever is later, has expired.
‘‘Independently verified’’ in item (b)
means the specific information relating
to the tenant that is used as a basis for
an adverse action has been investigated
and confirmed by the POA. (5 U.S.C.
552a) As such, POAs must resolve
income discrepancies in consultation
with tenants. Additionally, serious
violations, which POAs, HUD Program
staff, or the HUD OIG verify, should be
referred for full investigation and
appropriate civil and/or criminal
proceedings.
With respect to SSA-provided error
messages regarding HUD-provided
tenant, and matched borrower or coborrower personal identifiers, the POA
and FHA administrator/agent will
confirm its file and system
documentation to confirm accuracy of
data elements, and make any necessary
corrections. If there is no error in the
documentation, the POAs and FHA
administrators/agents will notify the
individual of the error and request that
the individual contact the SSA to
correct any SSA data errors. POAs and
FHA administrators/agents cannot
correct such errors.
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Federal Register / Vol. 74, No. 46 / Wednesday, March 11, 2009 / Notices
matching agreement between HUD and
the SSA. The computer matching
SSA will conduct the matching of
agreement for the planned matches will
tenant SSNs and additional identifiers
terminate either when the purpose of
(surnames and dates of birth) to tenant
data that HUD supplies from its systems the computer matching program is
accomplished, or 18 months from the
of records known as the Tenant Rental
date the agreement is signed, whichever
Assistance Certification System
(TRACS) (HUD/H–11) and the Inventory comes first. The agreement may be
extended for one 12-month period, with
Management System (IMS), formerly
the mutual agreement of all involved
known as the Public and Indian
Housing Information Center (PIC) (HUD/ parties, if the following conditions are
met:
PIH–4). Program administrators utilize
(1) Within three months of the
the form HUD–50058 module within the
expiration date, all Data Integrity Boards
PIC system and the form HUD–50059
review the agreement, find that the
module within the TRACS to provide
program will be conducted without
HUD with the tenant data.
change, and find a continued favorable
SSA will match the tenant records
examination of benefit/cost results; and
included in HUD/H–11 and HUD/PIH–
(2) All parties certify that the program
4 to their systems of records known as
has been conducted in compliance with
SSA’s Master Files of Social Security
Number Holders, and SSN Applications the agreement.
The agreement may be terminated,
(60–0058), Master Beneficiary Record
prior to accomplishment of the
(60–0090), and Supplemental Security
computer matching purpose or 18
Income Record (60–103). The notice for
months from the date the agreement is
these systems was published at 71 FR
signed (whichever comes first), by the
1795 on January 11, 2006. HUD will
place the resulting matched data into its mutual agreement of all involved parties
within 30 days of written notice.
Enterprise Income Verification (EIV)
Dated: March 3, 2009.
system (HUD/PIH–5). The notice for this
system was initially published at 70 FR
Lynn Allen,
41780 on July 20, 2005, and amended
Acting Chief Information Officer.
on August 8, 2006 (71 FR 45066) to
[FR Doc. E9–5127 Filed 3–10–09; 8:45 am]
reflect changes in the following
BILLING CODE 4210–67–P
categories (sections): Individuals
Covered by the System, Records in the
System, Authority for Maintenance of
DEPARTMENT OF THE INTERIOR
the System, Purpose of the System and
the Routine Uses. The tenant records
Fish and Wildlife Service
(one record for each family member)
[FWS–R2–ES–2009–N0026;20124–1113–
include these data elements: full name,
0000–F3]
SSN, and date of birth.
HUD data will also be matched to the
Environmental Restoration Project;
SSA’s Master Files of Social Security
Phoenix Reach of the Rio Salado
Number Holders, and SSN Applications
AGENCY: U.S. Fish and Wildlife Service,
(60–0058) for the purpose of validating
Interior.
SSNs of borrowers and co-borrowers of
FHA mortgages and participants of HUD ACTION: Notice of availability of draft
rental assistance programs to identify
safe harbor agreement; receipt of
noncompliance with program eligibility application for and enhancement of
requirements. The Computerized Homes survival permit.
Underwriting Management System
SUMMARY: The City of Phoenix
(HUD/H–5), published at 57 FR 62142
(Applicant) has applied to the U.S. Fish
on December 29, 1997 is the HUD FHA
and Wildlife Service (Service) for an
system of records used to match data
enhancement of survival permit
transferred from SSA’s Master Files of
Social Security Number Holder and SSN pursuant to Section 10(a)(1)(A) of the
Endangered Species Act (Act), as
Applications (60–0058) to the HUD
amended. The requested permit, which
mainframe. Mortgagees enter SSN data
is for a period of 50 years, would
and review the returning verification/
authorize incidental take of Yuma
failure data through the FHA
clapper rail (Rallus longirostris
Connection. HUD will compare tenant
yumanensis), southwestern willow
SSNs provided by POAs to reveal
flycatcher (Empidonax traillii extimus),
duplicate SSNs and potential duplicate
bald eagle (Haliaeetus Leucocephalus),
rental assistance.
and brown pelican (Pelecanus
V. Period of the Match
occidentalis) as a result of operation and
The computer matching program will maintenance activities associated with
be conducted according to the computer the Rio Salado Project. We invite the
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IV. Records To Be Matched
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public to review and comment on the
permit application and the associated
draft Safe Harbor Agreement (SHA).
DATES: To ensure consideration, we
must receive any written comments on
or before April 10, 2009.
ADDRESSES: Field Supervisor, Arizona
Ecological Services Field Office, 2321
West Royal Palm Road, Suite 103,
Phoenix, AZ 85021–4951; telephone:
602–242–0210; fax: 602–242–2513; Web
site: https://www.fws.gov/arizonaes.
FOR FURTHER INFORMATION CONTACT:
Mike Martinez at the Arizona Ecological
Services Field Office, 2321 West Royal
Palm Road, Suite 103, Phoenix, AZ
85021–4951, 602/242–0210 x224, or by
e-mail at Mike_Martinez@fws.gov.
SUPPLEMENTARY INFORMATION: The
Applicant plans to conduct operation
and maintenance activities associated
with the Rio Salado Project including
maintenance of vegetation, roads, trails,
water delivery system, flood control
capacity, and storm water facilities. The
Rio Salado Project, Phoenix Reach, is a
cooperative project between the
Applicant and the U.S. Army Corps of
Engineers to restore, enhance, and
maintain 595 acres of native riparian
and wetland vegetation along the Salt
River from 24th Street to 19th Avenue.
Request for Public Information
Persons wishing to review the
application, draft SHA, or other related
documents may obtain a copy by
written or telephone request to the Field
Supervisor at our Phoenix office, or by
downloading it from our Web site (see
ADDRESSES). Submit all comments to the
Field Supervisor at the same address.
Please refer to permit number TE–
205294–0 when submitting comments.
The application and related documents
will be available for public inspection,
by appointment only, during normal
business hours (8 a.m. to 4:30 p.m.) at
the Phoenix office.
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.
National Environmental Policy Act
Determination
The draft SHA and permit application
may be eligible for categorical exclusion
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]]>Agencies
[Federal Register Volume 74, Number 46 (Wednesday, March 11, 2009)]
[Notices]
[Pages 10605-10608]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E9-5127]
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DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT
[Docket No. FR-5291-N-02]
Privacy Act of 1974; Notice of a Computer Matching Program
Between the Department of Housing and Urban Development (HUD) and the
Social Security Administration (SSA): Matching Tenant Data in Assisted
Housing Programs
AGENCY: Office of the Chief Information Officer, HUD.
[[Page 10606]]
ACTION: Notice of a computer matching program between HUD and SSA.
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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 (5U.S.C. 552a, as amended), HUD is notifying
the public of its intent to enter into a new computer matching program
with SSA in May 2009. HUD will obtain SSA data and make the results
available to (1) program administrators such as public housing agencies
(PHAs) and private owners and management agents (O/As) to enable them
to verify the accuracy of income reported by the tenants (participants)
of HUD rental assistance programs and (2) contract administrators (CAs)
overseeing and monitoring O/A operations as well as independent public
auditors (IPAs) that audit both PHAs and O/As. SSA data will also be
used to validate information provided by borrowers and co-borrowers
applying for and obtaining insurance for Federal Housing Administration
(FHA) mortgages.
Administrators of HUD rental assistance programs rely upon the
accuracy of tenant-reported income to determine participant eligibility
for and level of, rental assistance. The computer matching program will
provide indicators of potential under-reported tenant income that will
require additional verification to identify inappropriate (excess or
insufficient) rental assistance, and perhaps administrative or legal
actions. The matching program will be carried out to detect
inappropriate (excessive or insufficient) rental assistance under
sections 221(3), 221(d)(5), and 236 of the National Housing Act, the
United States Housing Act of 1937, section 101 of the Housing and
Community Development Act of 1965, section 202 of the Housing Act of
1959, section 811 of the Cranston-Gonzalez National Affordable Housing
Act, the Native American Housing Assistance and Self-Determination Act
of 1996, and the Quality Housing and Work Responsibility Act (QHWRA) of
1998. The program will also provide for verification of Social Security
numbers (SSNs) for tenants participating in covered rental assistance
programs, and borrowers and co-borrowers applying for mortgage
insurance for FHA loans through HUD. This Notice provides an overview
of computer matching for HUD's rental assistance programs.
Specifically, the Notice describes HUD's program for computer matching
of its tenant data to SSA's death data, Social Security (SS) and
Supplemental Security Income (SSI) benefits data.
DATES: Effective Date: Computer matching is expected to begin April 10,
2009, unless comments are received which will result in a contrary
determination, or 40 days from the date a computer matching agreement
is signed, whichever is later.
Comments Due Date: April 10, 2009.
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. Comments sent by facsimile 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 inquires: Office of
the Chief Information Officer, contact Donna Robinson-Staton,
Departmental Privacy Act Officer, HUD, 451 Seventh Street, SW., Room
2256, Washington, DC 20410, telephone number (202) 402-8073. For
program information: Office of Public and Indian Housing, contact
Nicole Faison, Director of the Office of Public Housing Programs,
Department of Housing and Urban Development, 451 Seventh Street, SW.,
Room 4226, Washington, DC 20410, telephone number (202) 708-0744;
Office of Housing, contact Gail Williamson, 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) 402-2473. (These are not toll free telephone
numbers). A telecommunications device for hearing- and speech-impaired
individuals (TTY) is available at (800) 877-8339 (Federal Information
Relay Service).
SUPPLEMENTARY INFORMATION: This Notice supersedes a similar notice
published in the Federal Register (FR) on October 5, 2006 at 71 FR
58871. 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 and Oversight of the House of
Representatives, the Committee of 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 Privacy
Act of 1974 (5 U.S.C 552a); 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 QHWRA Act of 1998 (42 U.S.C. 1437a(f)). The Housing and
Community Development Act of 1987 authorizes HUD to require
participants (and applicants) in HUD-administered programs involving
loan and rental assistance to disclose to HUD their social security
numbers (SSNs) as a condition of continuing (or initial) eligibility
for participation in the programs. The QHWRA of 1998, section 508(d),
42 U.S.C. 1437a(f) authorizes the Secretary of HUD to require
disclosure by the tenant to the PHA of income information received by
the tenant from HUD as part of the income verification procedures of
HUD. The QHWRA was amended by Public Law 106-74, which extended the
disclosure requirements to participants in section 8, section 202, and
section 811 assistance programs. The participants are required to
disclose the HUD-provided income information to owners responsible for
determining the participant's eligibility or level of benefits.
II. Covered Programs
This Notice of computer matching program applies to the following
rental assistance programs:
A. Public Housing.
B. Section 8 Housing Choice Voucher (HCV).
C. Project-based Section 8.
1. New Construction.
2. State Agency Financed.
[[Page 10607]]
3. Substantial Rehabilitation.
4. Section 202/8.
5. Rural Housing Services Section 515/8.
6. Loan Management Set-Aside (LMSA).
7. Property Disposition Set-Aside (PDSA).
D. Rent Supplement.
E. Rental Assistance Payment (RAP).
F. Section 202/162 Project Assistance Contract (PAC).
G. Section 202 Project Rental Assistance Contract (PRAC).
H. Section 811 PRAC.
I. Section 236.
J. Section 221(d)(3) Below Market Interest Rate (BMIR).
Note: This Notice does not apply to the Low Income Housing Tax
Credit (LIHTC) or the Rural Housing Services Section 515 without
Section 8 programs.
III. Objectives To Be Met by the Matching Program
HUD's primary objective in implementing the computer matching
program is to verify the income of individuals participating in the
rental assistance programs identified in paragraph II above to
determine the appropriate level of rental assistance, and to detect,
deter, reduce and correct fraud and abuse in rental assistance
programs. In meeting this objective, HUD also is carrying out its
responsibility under 42 U.S.C. 1437f(K) to ensure that income data
provided to POAs by household members is complete and accurate. HUD's
various assisted housing programs, administered through POAs, require
that applicants and participants meet certain income and other criteria
to be eligible for rental assistance. In addition, tenants generally
are required to report the amounts and sources of their income at least
annually. However, under the QHWRA of 1998, PHAs must offer public
housing tenants the option to pay a flat rent, or an income-based rent
annually. Those tenants who select a flat rent will be required to
recertify income at least every three years. In addition, the Changes
to the Admissions and Occupancy Final Rule (March 29, 2000; 65 FR
16692) specified that household composition must be recertified
annually for tenants who select a flat rent or income-based rent.
Other objectives of this computer matching program include: (1)
Increasing the availability of rental assistance to individuals who
meet the requirements of the rental assistance programs; (2) after
removal of personal identifiers, conducting analyses of the Social
Security death data and benefit information, and income reporting of
program participants; and (3) measure improper payments due to under-
reporting of income and/or overpayment of subsidy on behalf of deceased
program participants (single member households).
III. Program Description
In this computer matching program, tenant-provided information
included in HUD's automated systems of records known as Tenant Rental
Assistance Certification System (TRACS) (HUD/H-11) and the Inventory
Management System (IMS), formerly known as the Public and Indian
Housing Information Center (PIC) (HUD/PIH-4), will be compared to data
from SSA databases. The notices for these systems were published at 62
FR 11909 and 73 FR 58256, respectively. HUD will disclose to SSA only
tenant personal identifiers, i.e., full name, Social Security number,
and date of birth. SSA will match the HUD-provided personal identifiers
to personal identifiers included in their various systems of records
identified in Section IV of this notice. SSA will validate HUD-provided
personal identifiers and provide income data to HUD only for
individuals with matched personal identifiers. SSA will also provide
the date of death or indication of death for any program participant
whose HUD-supplied personal identifiers are successfully matched
against SSA databases. For any individual whose personal identifiers do
not match the personal identifiers in the SSA database, SSA will
provide HUD with an error message, which will describe the reason(s)
for no match (i.e. incorrect date of birth or surname, or invalid
Social Security number).
A. Income Verification
Any match (i.e., a ``hit'') will be further reviewed by HUD, the
POAs, 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 SS and SSI benefit information and other
data will be sought directly from tenants. For public housing and
Section 8 tenant-based HCV programs, tenants will be required to
provide PHAs with original SSA benefit verification letters dated
within the last 60 days for comparison to computer matching results for
accuracy. For multifamily housing programs, tenants must provide O/As
with SSA benefit verification letters dated within the last 120 days.
For SS and SSI benefit information for prior years, the tenant may be
required to provide POAs with an original benefit history document from
SSA if there is a dispute regarding historical income information
obtained through the computer matching program.
B. Administrative or Legal Actions
Regarding all the matching described in this notice, POAs will take
appropriate action in consultation with tenants to: (1) Resolve income
disparities between tenant-reported and SSA-reported data; and (2) Use
correct income amounts in determining rental assistance.
POAs must compute the rent in full compliance with all applicable
statutes, regulations and administrator policies. POAs must ensure that
they use the correct income and correctly compute the rent. In order to
protect any individual whose records are used in this matching program,
POAs may not suspend, terminate, reduce, or make a final denial of any
rental assistance to any tenant, or take other adverse action against
the tenant as a result of information produced by this matching program
until: (a) The tenant has received notice from the POA of its findings
and has been informed of the opportunity to contest such findings; (b)
The POA has independently verified the information; and (c) either the
notice period provided in applicable regulations of the program, or 30
days, whichever is later, has expired. ``Independently verified'' in
item (b) means the specific information relating to the tenant that is
used as a basis for an adverse action has been investigated and
confirmed by the POA. (5 U.S.C. 552a) As such, POAs must resolve income
discrepancies in consultation with tenants. Additionally, serious
violations, which POAs, HUD Program staff, or the HUD OIG verify,
should be referred for full investigation and appropriate civil and/or
criminal proceedings.
With respect to SSA-provided error messages regarding HUD-provided
tenant, and matched borrower or co-borrower personal identifiers, the
POA and FHA administrator/agent will confirm its file and system
documentation to confirm accuracy of data elements, and make any
necessary corrections. If there is no error in the documentation, the
POAs and FHA administrators/agents will notify the individual of the
error and request that the individual contact the SSA to correct any
SSA data errors. POAs and FHA administrators/agents cannot correct such
errors.
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IV. Records To Be Matched
SSA will conduct the matching of tenant SSNs and additional
identifiers (surnames and dates of birth) to tenant data that HUD
supplies from its systems of records known as the Tenant Rental
Assistance Certification System (TRACS) (HUD/H-11) and the Inventory
Management System (IMS), formerly known as the Public and Indian
Housing Information Center (PIC) (HUD/PIH-4). Program administrators
utilize the form HUD-50058 module within the PIC system and the form
HUD-50059 module within the TRACS to provide HUD with the tenant data.
SSA will match the tenant records included in HUD/H-11 and HUD/PIH-
4 to their systems of records known as SSA's Master Files of Social
Security Number Holders, and SSN Applications (60-0058), Master
Beneficiary Record (60-0090), and Supplemental Security Income Record
(60-103). The notice for these systems was published at 71 FR 1795 on
January 11, 2006. HUD will place the resulting matched data into its
Enterprise Income Verification (EIV) system (HUD/PIH-5). The notice for
this system was initially published at 70 FR 41780 on July 20, 2005,
and amended on August 8, 2006 (71 FR 45066) to reflect changes in the
following categories (sections): Individuals Covered by the System,
Records in the System, Authority for Maintenance of the System, Purpose
of the System and the Routine Uses. The tenant records (one record for
each family member) include these data elements: full name, SSN, and
date of birth.
HUD data will also be matched to the SSA's Master Files of Social
Security Number Holders, and SSN Applications (60-0058) for the purpose
of validating SSNs of borrowers and co-borrowers of FHA mortgages and
participants of HUD rental assistance programs to identify
noncompliance with program eligibility requirements. The Computerized
Homes Underwriting Management System (HUD/H-5), published at 57 FR
62142 on December 29, 1997 is the HUD FHA system of records used to
match data transferred from SSA's Master Files of Social Security
Number Holder and SSN Applications (60-0058) to the HUD mainframe.
Mortgagees enter SSN data and review the returning verification/failure
data through the FHA Connection. HUD will compare tenant SSNs provided
by POAs to reveal duplicate SSNs and potential duplicate rental
assistance.
V. Period of the Match
The computer matching program will be conducted according to the
computer matching agreement between HUD and the SSA. 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 three 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: March 3, 2009.
Lynn Allen,
Acting Chief Information Officer.
[FR Doc. E9-5127 Filed 3-10-09; 8:45 am]
BILLING CODE 4210-67-P
