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, 56781-56784 [2011-23411]
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Federal Register / Vol. 76, No. 178 / Wednesday, September 14, 2011 / Notices
Status of the proposed information
collection: This is a revision of a
currently approved collection.
Authority: The Paperwork Reduction Act
of 1995, 44 U.S.C., Chapter 35, as amended.
Dated: September 9, 2011.
Shelley Poticha,
Director, Office of Sustainable Housing and
Communities, U.S. Department of Housing
and Urban Development.
[FR Doc. 2011–23538 Filed 9–13–11; 8:45 am]
BILLING CODE 4210–67–P
DEPARTMENT OF HOUSING AND
URBAN DEVELOPMENT
[Docket No. FR–5481–N–15]
Notice of Proposed Information
Collection: Comment Request,
Protection and Enhancement of
Environmental Quality
Office of the Assistant
Secretary for Community Planning and
Development, 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: November
14, 2011.
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:
William D. Kelleher, Community
Planning and Development, Department
of Housing and Urban Development,
451 7th Street, SW., Room 7256,
Washington, DC 20410–7000.
FOR FURTHER INFORMATION CONTACT:
Charles Bien, Acting Director, Office of
Environment and Energy, Department of
Housing and Urban Development, 451
7th Street, SW., Room 7250,
Washington, DC 20410–7000. For
telephone and e-mail communication,
contact Jerimiah Sanders,
Environmental Review Division, (202)
402–4571 or e-mail:
jerimiah.j.sanders@hud.gov. This phone
number is not toll-free. Hearing or
speech-impaired individuals may access
this number via TTY by calling the tollfree Federal Information Relay Service
at 1–800–877–8339.
SUPPLEMENTARY INFORMATION: The
Department will submit the proposed
information collection to OMB for
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SUMMARY:
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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 of
information 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 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 through 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: Environmental
Review of Proposed Housing
Development.
OMB Control Number, if applicable:
2506–0177.
Description of the need for the
information and proposed use: The
information collection applies to
applicants seeking HUD financial
assistance for their project proposals
and is used by HUD for the performance
of the Department’s compliance with
the National Environmental Policy Act
and related federal environmental laws
and authorities in accordance with HUD
environmental regulations, 24 CFR part
50: ‘‘Protection and Enhancement of
Environmental Quality.’’
Agency form numbers, if applicable:
None.
The total numbers of hours needed to
prepare the information collection is
approximately eight hours. The number
of respondents is approximately 2,600.
The frequency of response is a one-time
collection. The proposed information
collection is for the extension of a
currently approved collection.
Authority: The Paperwork Reduction Act
of 1995, 44 U.S.C. Chapter 35, as amended.
Dated: September 9, 2011.
Clifford Taffet,
General Deputy Assistant Secretary for
Community Planning and Development.
[FR Doc. 2011–23542 Filed 9–13–11; 8:45 am]
BILLING CODE 4210–67–P
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DEPARTMENT OF HOUSING AND
URBAN DEVELOPMENT
[Docket No. FR–5478–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
Office of the Chief Information
Officer, HUD.
ACTION: Notice of a computer matching
program between HUD and SSA.
AGENCY:
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 (5 U.S.C. 552a,
as amended), HUD is notifying the
public of its intent to execute, in
November 2011, a new computer
matching program with SSA, for a
recurring matching program with HUD’s
Office of Public and Indian Housing
(PIH) and Office of Housing. The most
recent renewal of the current matching
agreement expires on November 6, 2011.
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) (collectively
referred to as POAs) 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.
DATES: Effective Date: The effective date
of this agreement, and the date the
match may begin is the later of the
following dates: 40 days after HUD files
a report of the subject matching program
with the Committee on Oversight and
Government Reform of the House of
Representatives, the Committee on
Homeland Security and Governmental
Affairs of the Senate, and the Office of
Management and Budget’s (OMB),
Office of Information and Regulatory
Affairs; or 30 days after HUD publishes
notice of the computer matching
program in the Federal Register, unless
changes to the matching program are
required due to public comments or by
Congressional or by Office of
Management and Budget objections.
Any public comment must be received
before the effective comment due date.
Comments Due Date: October 14,
2011.
SUMMARY:
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Federal Register / Vol. 76, No. 178 / Wednesday, September 14, 2011 / Notices
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 8:00 a.m. and 5:00
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, Chief Privacy Officer,
Department of Housing and Urban
Development, 451 Seventh Street, SW.,
Room 2256, Washington, DC 20410,
telephone number (202) 402–8073. For
program information: Office of Public
and Indian Housing: Real Estate
Assessment Center, contact Nicole
Faison, Program Advisor, Department of
Housing and Urban Development, 451
Seventh Street, SW., Room PCFL1,
Washington, DC 20410, telephone
number (202) 475–7963; Office of
Housing, contact Kate Brennan, 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–
6732. (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 March 31, 2010, at 75 FR 16171.
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 may provide
indicators of potential tenant
unreported or under-reported income,
which will require additional
verification to identify inappropriate or
inaccurate rental assistance, and may
provide indicators for potential
administrative or legal actions. The
matching program will be carried out to
detect inappropriate or inaccurate rental
assistance under sections 221(d)(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
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ADDRESSES:
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1959, section 811 of the CranstonGonzalez 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. On March 11, 2009, Section 239
of HUD’s 2009 Appropriations Act
modified Section 904 of the Stewart B.
McKinney Act of 1988, as amended, to
include the Disaster Housing Assistance
program (DHAP) as a covered HUD
rental assistance program in HUD
computer matching activities. The
computer matching program will also
provide for the verification of social
security numbers (SSNs) of tenants
participating in covered rental
assistance programs. 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.
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
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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 of HUD rental housing
assistance programs to disclose their
social security numbers (SSNs) to HUD
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.
The Refinement of Income and Rent
Determination Requirements in Public
and Assisted Housing Programs:
Implementation of the Enterprise
Income Verification (EIV) System—
Amendments; Final Rule published at
74 FR 68924 on December 29, 2009,
requires program administrators to use
HUD’s EIV system to verify tenant
income information during mandatory
reexaminations or recertifications of
family composition and income; and
reduce administrative and subsidy
payment errors in accordance with HUD
administrative guidance (24 CFR 5.233).
This computer matching program also
assists HUD in complying with the
following federal laws, requirements,
and guidance related to identifying and
reducing improper payments:
1. Improper Payments Elimination
and Recovery Act of 2010 (IPERA) (Pub.
L. 111–204);
2. Presidential Memorandum on
Enhancing Payment Accuracy Through
a ‘‘Do Not Pay List’’ (June 18, 2010).
3. Office of Management and Budget
M–10–13, Issuance of Part III to OMB
Circular A–123, Appendix C.
4. Presidential Memorandum on
Finding and Recapturing Improper
Payments (March 10, 2010);
5. Reducing Improper Payments and
Eliminating Waste in Federal Programs
(Executive Order 13520, November
2009);
6. Improper Payments Information
Act of 2002 (Pub. L. 107–300); and
7. Office of Management and Budget
M–03–13, Improper Payments
Information Act of 2002 Implementation
Guide.
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II. Covered Programs
This notice of computer matching
program applies to the following rental
assistance programs:
A. Disaster Housing Assistance Program
(DHAP).
B. Public Housing.
C. Section 8 Housing Choice Voucher
(HCV).
D. Project-Based Voucher.
E. Section 8 Moderate Rehabilitation.
F. Project-based Section 8.
1. New Construction.
2. State Agency Financed.
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).
G. Section 101 Rent Supplement.
H. Section 202/162 Project Assistance
Contract (PAC).
I. Section 202 Project Rental Assistance
Contract (PRAC).
J. Section 811 Project Rental Assistance
Contract (PRAC).
K. Section 236 Rental Assistance
Program.
L. 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
Section II above, to determine the
appropriate level of rental assistance,
and to detect, deter, reduce and correct
fraud and abuse in rental housing
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 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
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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 underreporting of income and/or overpayment
of subsidy on behalf of deceased
program participants.
IV. Program Description
HUD will disclose to SSA only tenant
personal identifiers, i.e., full name,
Social Security number, and date of
birth. SSA will match the HUDprovided 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). The
SSA-provided data will be made
available to POAs in HUD’s EIV system.
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
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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 personal
identifiers, the POAs’ 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’
administrators/agents will notify the
individual of the error and request that
the individual contact the SSA to
correct any SSA data errors. POAs
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administrators/agents cannot correct
such errors.
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V. 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), a component of HUD’s Tenant
Housing Assistance and Contract
Verification Data System (HUD/H–11),
and the Inventory Management System
(IMS), formerly known as the Public and
Indian Housing Information Center
(PIC) (HUD/PIH–4). The notice for these
systems was published at 62 FR 11909
on March 13, 1997, and 73 FR 58256 on
October 6, 2008. 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 and Special Veterans
Benefits (60–0103). The notice for these
systems was published at 75 FR 82121
on December 29, 2010. 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 last
amended on September 1, 2009 (74 FR
45235). 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 participants of HUD rental
assistance programs to identify
noncompliance with program eligibility
requirements. HUD will compare tenant
SSNs provided by POAs to reveal
duplicate SSNs and potential duplicate
rental assistance.
VI. Period of the Match
The computer matching program will
become effective and the matching may
commence after the respective Data
Integrity Boards (DIBs) of both agencies
approve and sign the computer
matching agreement, and after, the later
of the following: (1) 40 Days after report
of the matching program is sent to
Congress and OMB; (2) at least 30 days
after publication of this notice in the
Federal Register, unless comments are
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received, which would result in a
contrary determination. The computer
matching program will be conducted
according to the computer matching
agreement between HUD and 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 effective date of the
computer matching agreement. The
agreement may be renewed for one 12month period, with the mutual
agreement of all involved parties, if the
following conditions are met: (1) Within
three months of the expiration date, all
DIBs 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 computer matching agreement.
The agreement may be terminated,
prior to accomplishment of the
computer matching purpose or 18
months from the effective date of the
computer matching agreement
(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: September 6, 2011.
Kevin R. Cooke,
Deputy Chief Information Officer.
[FR Doc. 2011–23411 Filed 9–13–11; 8:45 am]
BILLING CODE 4210–67–P
DEPARTMENT OF HOUSING AND
URBAN DEVELOPMENT
[Docket No. FR–5555–N–01]
Safe and Healthy Homes Investment
Partnerships: Request for Comments
Office of Healthy Homes and
Lead Hazard Control, HUD.
ACTION: Notice.
AGENCY:
This notice solicits public
comment on a proposal developed by
HUD that would establish the criteria
that HUD will use to designate a
community as a Safe and Healthy
Homes Investment Partnership (SHHIP).
While designating a community as a
SHHIP does not directly provide any
funding, bonus points may be awarded
to SHHIP designees in future HUD
Notices of Funding Availability
(NOFAs).
SUMMARY:
DATES:
Comments Due Date: October 14,
2011.
Interested persons are
invited to submit comments regarding
ADDRESSES:
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the criteria HUD should consider in
designating SHHIP communities, as
announced in this notice, to the
Regulations Division, Office of General
Counsel, Department of Housing and
Urban Development, 451 7th Street,
SW., Room 10276, Washington, DC
20410–0001. There are two methods for
submitting public comments. All
submissions must refer to the above
docket number and title.
Submission of Hard Copy Comments.
To ensure that the information is fully
considered by all of the reviewers, each
commenter submitting hard copy
comments, by mail or hand delivery,
should submit comments or requests to
the address above, addressed to the
attention of the Rules Docket Clerk. Due
to security measures at all federal
agencies, submission of comments or
requests by mail often result in delayed
delivery. To ensure timely receipt of
comments, HUD recommends that any
comments submitted by mail be
submitted at least 2 weeks in advance of
the public comment deadline.
Electronic Submission of Comments.
Interested persons may submit
comments electronically through the
Federal eRulemaking Portal at https://
www.regulations.gov. HUD strongly
encourages commenters to submit
comments electronically. Electronic
submission of comments allows the
commenter maximum time to prepare
and submit a comment, ensures timely
receipt by HUD, and enables HUD to
make them immediately available to the
public. Comments submitted
electronically through the https://
www.regulations.gov Web site can be
viewed by interested members of the
public. Commenters should follow
instructions provided on that site to
submit comments electronically.
No Facsimile Comments. Facsimile
(FAX) comments are not acceptable.
Public Inspection of Comments. All
comments submitted to HUD regarding
this notice will be available, without
charge, for public inspection and
copying between 8 a.m. and 5 p.m.
weekdays at the above address. Due to
security measures at the HUD
Headquarters building, an advance
appointment to review the documents
must be scheduled by calling the
Regulations Division at 202–708–3055
(this is not a toll-free number). Copies
of all documents submitted are available
for inspection and downloading at
https://www.regulations.gov.
FOR FURTHER INFORMATION CONTACT: Jon
L. Gant, Director, Office of Healthy
Homes and Lead Hazard Control,
Department of Housing and Urban
Development, 451 7th Street, SW.,
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[Federal Register Volume 76, Number 178 (Wednesday, September 14, 2011)]
[Notices]
[Pages 56781-56784]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2011-23411]
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DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT
[Docket No. FR-5478-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.
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 (5 U.S.C. 552a, as amended), HUD is notifying
the public of its intent to execute, in November 2011, a new computer
matching program with SSA, for a recurring matching program with HUD's
Office of Public and Indian Housing (PIH) and Office of Housing. The
most recent renewal of the current matching agreement expires on
November 6, 2011. 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) (collectively
referred to as POAs) 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.
DATES: Effective Date: The effective date of this agreement, and the
date the match may begin is the later of the following dates: 40 days
after HUD files a report of the subject matching program with the
Committee on Oversight and Government Reform of the House of
Representatives, the Committee on Homeland Security and Governmental
Affairs of the Senate, and the Office of Management and Budget's (OMB),
Office of Information and Regulatory Affairs; or 30 days after HUD
publishes notice of the computer matching program in the Federal
Register, unless changes to the matching program are required due to
public comments or by Congressional or by Office of Management and
Budget objections. Any public comment must be received before the
effective comment due date.
Comments Due Date: October 14, 2011.
[[Page 56782]]
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 8:00 a.m. and 5:00 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, Chief
Privacy Officer, Department of Housing and Urban Development, 451
Seventh Street, SW., Room 2256, Washington, DC 20410, telephone number
(202) 402-8073. For program information: Office of Public and Indian
Housing: Real Estate Assessment Center, contact Nicole Faison, Program
Advisor, Department of Housing and Urban Development, 451 Seventh
Street, SW., Room PCFL1, Washington, DC 20410, telephone number (202)
475-7963; Office of Housing, contact Kate Brennan, 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) 402-6732. (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 March 31, 2010, at 75 FR
16171. 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 may
provide indicators of potential tenant unreported or under-reported
income, which will require additional verification to identify
inappropriate or inaccurate rental assistance, and may provide
indicators for potential administrative or legal actions. The matching
program will be carried out to detect inappropriate or inaccurate
rental assistance under sections 221(d)(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. On March 11, 2009, Section 239 of
HUD's 2009 Appropriations Act modified Section 904 of the Stewart B.
McKinney Act of 1988, as amended, to include the Disaster Housing
Assistance program (DHAP) as a covered HUD rental assistance program in
HUD computer matching activities. The computer matching program will
also provide for the verification of social security numbers (SSNs) of
tenants participating in covered rental assistance programs. 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.
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 of HUD rental housing assistance programs to
disclose their social security numbers (SSNs) to HUD 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.
The Refinement of Income and Rent Determination Requirements in
Public and Assisted Housing Programs: Implementation of the Enterprise
Income Verification (EIV) System--Amendments; Final Rule published at
74 FR 68924 on December 29, 2009, requires program administrators to
use HUD's EIV system to verify tenant income information during
mandatory reexaminations or recertifications of family composition and
income; and reduce administrative and subsidy payment errors in
accordance with HUD administrative guidance (24 CFR 5.233).
This computer matching program also assists HUD in complying with
the following federal laws, requirements, and guidance related to
identifying and reducing improper payments:
1. Improper Payments Elimination and Recovery Act of 2010 (IPERA)
(Pub. L. 111-204);
2. Presidential Memorandum on Enhancing Payment Accuracy Through a
``Do Not Pay List'' (June 18, 2010).
3. Office of Management and Budget M-10-13, Issuance of Part III to
OMB Circular A-123, Appendix C.
4. Presidential Memorandum on Finding and Recapturing Improper
Payments (March 10, 2010);
5. Reducing Improper Payments and Eliminating Waste in Federal
Programs (Executive Order 13520, November 2009);
6. Improper Payments Information Act of 2002 (Pub. L. 107-300); and
7. Office of Management and Budget M-03-13, Improper Payments
Information Act of 2002 Implementation Guide.
[[Page 56783]]
II. Covered Programs
This notice of computer matching program applies to the following
rental assistance programs:
A. Disaster Housing Assistance Program (DHAP).
B. Public Housing.
C. Section 8 Housing Choice Voucher (HCV).
D. Project-Based Voucher.
E. Section 8 Moderate Rehabilitation.
F. Project-based Section 8.
1. New Construction.
2. State Agency Financed.
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).
G. Section 101 Rent Supplement.
H. Section 202/162 Project Assistance Contract (PAC).
I. Section 202 Project Rental Assistance Contract (PRAC).
J. Section 811 Project Rental Assistance Contract (PRAC).
K. Section 236 Rental Assistance Program.
L. 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 Section II above, to determine
the appropriate level of rental assistance, and to detect, deter,
reduce and correct fraud and abuse in rental housing 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 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.
IV. Program Description
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). The SSA-
provided data will be made available to POAs in HUD's EIV system.
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 personal identifiers, the POAs' 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' administrators/agents will notify the
individual of the error and request that the individual contact the SSA
to correct any SSA data errors. POAs
[[Page 56784]]
administrators/agents cannot correct such errors.
V. 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), a component of HUD's Tenant
Housing Assistance and Contract Verification Data System (HUD/H-11),
and the Inventory Management System (IMS), formerly known as the Public
and Indian Housing Information Center (PIC) (HUD/PIH-4). The notice for
these systems was published at 62 FR 11909 on March 13, 1997, and 73 FR
58256 on October 6, 2008. 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
and Special Veterans Benefits (60-0103). The notice for these systems
was published at 75 FR 82121 on December 29, 2010. 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 last amended on September 1, 2009
(74 FR 45235). 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 participants of HUD rental assistance programs to
identify noncompliance with program eligibility requirements. HUD will
compare tenant SSNs provided by POAs to reveal duplicate SSNs and
potential duplicate rental assistance.
VI. Period of the Match
The computer matching program will become effective and the
matching may commence after the respective Data Integrity Boards (DIBs)
of both agencies approve and sign the computer matching agreement, and
after, the later of the following: (1) 40 Days after report of the
matching program is sent to Congress and OMB; (2) at least 30 days
after publication of this notice in the Federal Register, unless
comments are received, which would result in a contrary determination.
The computer matching program will be conducted according to the
computer matching agreement between HUD and 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 effective date of the computer matching agreement. The
agreement may be renewed 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 DIBs 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 computer matching agreement.
The agreement may be terminated, prior to accomplishment of the
computer matching purpose or 18 months from the effective date of the
computer matching agreement (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: September 6, 2011.
Kevin R. Cooke,
Deputy Chief Information Officer.
[FR Doc. 2011-23411 Filed 9-13-11; 8:45 am]
BILLING CODE 4210-67-P
