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, 68026-68028 [2016-23856]

Agencies

• DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT

[Federal Register Volume 81, Number 191 (Monday, October 3, 2016)]
[Notices]
[Pages 68026-68028]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2016-23856]


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

DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT

[Docket No. FR-5921-N-16]


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 Administration, 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 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 7, 2016. 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: November 2, 2016.

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 
Administration, Office of the Executive Secretariat, contact Helen Goff 
Foster, Executive Secretary/Senior Agency Official for Privacy, 
Department of Housing and Urban Development, 451 Seventh Street SW., 
Room 6100, Washington, DC 20410, telephone number (202) 402-6836. For 
program information: Office of Public and Indian Housing: Real Estate 
Assessment Center, contact Victoria Alston, Department of Housing and 
Urban Development, 451 Seventh Street SW., Room PCFL1, Washington, DC 
20410, telephone number (202) 475-7993; Office of Housing, contact 
Danielle Garcia, Director of the Housing Oversight Division, Department 
of Housing and Urban Development, 451 Seventh Street, SW., Room 6134, 
Washington, DC 20410, telephone number (202) 402-2768. (These are not 
toll free telephone numbers). A telecommunications device for hearing-
and speech-impaired individuals (TTY) is available at (800) 877-8339. 
(Federal Relay Service).

SUPPLEMENTARY INFORMATION: This notice supersedes a similar notice 
published in the Federal Register (FR) on September 14, 2011, at 76 FR 
56781. 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 (November 
28, 2000), ``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

[[Page 68027]]

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.

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.

III. 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

[[Page 68028]]

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 administrators/agents cannot 
correct such errors.

IV. Records To Be Matched

    SSA will conduct the matching of tenant SSNs and additional 
identifiers (surnames and dates of birth) to tenant data that HUD 
supplies from its systems of records known as the Tenant Rental 
Assistance Certification System (TRACS), 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.01). The notice 
for these systems was published at 62 FR 11909 on March 13, 1997, and 
77 FR 22337 on April 13, 2012, respectively. 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), published at 
75 FR 82121 on December 29, 2010; Master Beneficiary Record (60-0090), 
published at 71 FR 1826 on January 11, 2006; and Supplemental Security 
Income Record and Special Veterans Benefits (60-0103), published at 71 
FR 1830 on January 11, 2006. HUD will place the resulting matched data 
into its Enterprise Income Verification (EIV) system (HUD/PIH-5). The 
notice for this system was initially published at 70 FR 41780 on July 
20, 2005, and 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.

V. 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 27, 2016.
Helen Goff Foster,
Executive Secretary/Senior Agency Official for Privacy.
[FR Doc. 2016-23856 Filed 9-30-16; 8:45 am]
 BILLING CODE 4210-67-P