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]

Download as PDF 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 mstockstill on DSK4VPTVN1PROD with NOTICES SUMMARY: VerDate Mar<15>2010 19:00 Sep 13, 2011 Jkt 223001 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 PO 00000 Frm 00052 Fmt 4703 Sfmt 4703 56781 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: E:\FR\FM\14SEN1.SGM 14SEN1 56782 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 mstockstill on DSK4VPTVN1PROD with NOTICES ADDRESSES: VerDate Mar<15>2010 19:00 Sep 13, 2011 Jkt 223001 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 PO 00000 Frm 00053 Fmt 4703 Sfmt 4703 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. E:\FR\FM\14SEN1.SGM 14SEN1 Federal Register / Vol. 76, No. 178 / Wednesday, September 14, 2011 / Notices 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. mstockstill on DSK4VPTVN1PROD with NOTICES 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 VerDate Mar<15>2010 19:00 Sep 13, 2011 Jkt 223001 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 PO 00000 Frm 00054 Fmt 4703 Sfmt 4703 56783 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 E:\FR\FM\14SEN1.SGM 14SEN1 56784 Federal Register / Vol. 76, No. 178 / Wednesday, September 14, 2011 / Notices administrators/agents cannot correct such errors. mstockstill on DSK4VPTVN1PROD with NOTICES 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 VerDate Mar<15>2010 19:00 Sep 13, 2011 Jkt 223001 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: PO 00000 Frm 00055 Fmt 4703 Sfmt 4703 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 http:// 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 http:// 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 http://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., E:\FR\FM\14SEN1.SGM 14SEN1

Agencies

[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]


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

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.

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

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