Privacy Act of 1974; Matching Program, 8701-8703 [2024-02568]

Agencies

• DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT

[Federal Register Volume 89, Number 27 (Thursday, February 8, 2024)]
[Notices]
[Pages 8701-8703]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-02568]


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DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT

[Docket No: FR-7092-N-19]


Privacy Act of 1974; Matching Program

AGENCY: Real Estate Assessment Center, Office of Public and Indian 
Housing, HUD.

ACTION: Notice of a re-established matching program.

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SUMMARY: Pursuant to the Computer Matching and Privacy Protection Act 
of 1988, as amended, HUD is providing notice of its intent to execute a 
new computer matching agreement with HHS for a recurring matching 
program with HUD's Office of Public and Indian Housing (PIH) and Office 
of Housing, involving comparisons of information provided by 
participants in any authorized HUD rental housing assistance program 
with the independent sources of income information available through 
the National Directory of New Hires (NDNH) maintained by HHS. HUD will 
obtain HHS 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. 
The most recent renewal of the current matching agreement expires on 
February 28, 2024.

DATES: The period of this matching program is estimated to cover the 
18-month period from February 28, 2024, through August 28, 2025. 
However, the computer matching agreement (CMA) will become applicable 
at the later of the following two dates: February 28, 2024, or 30 days 
after all public comments have been received from interested members of 
the public requiring modification to the notice and republication of 
the notice for another 30-day comment period. The matching program will 
continue for 18 months after the applicable date and may be extended 
for an additional 12 months, if the respective agency Data Integrity 
Boards (DIBs) determine that the conditions specified in 5 U.S.C. 
552a(o)(2)(D) have been met.

ADDRESSES: Interested persons are invited to submit comments regarding 
this notice at www.regulations.gov or to the Rules Docket Clerk, Office 
of General Counsel, Department of Housing and Urban Development, 451 
Seventh Street SW, Room 10276, Washington, DC 20410. Communications 
should refer to the above docket number 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: Contact the Recipient Agency.
    Bradley S. Jewitt, Senior Agency Official for Privacy, Department 
of Housing and Urban Development, 451 Seventh Street SW, Room 6204, 
Washington, DC 20410, telephone number (202) 402-5522. HUD welcomes and 
is prepared to receive calls from individuals who are deaf or hard of 
hearing, as well as individuals with speech and communication 
disabilities. To learn more about how to make an accessible telephone 
call, please visit: https://www.fcc.gov/consumers/guides/telecommunications-relay-service-trs.

SUPPLEMENTARY INFORMATION: Pursuant to the Computer Matching and 
Privacy Protection Act (CMPPA) of 1988, as amended; OMB's guidance on 
this statute entitled, ``Final Guidance Interpreting the Provisions of 
Public Law 100-503''; OMB Circular No. A-108, ``Federal Agency 
Responsibilities for Review, Reporting, and Publication under the 
Privacy Act;'' and OMB Circular No. A-130, ``Managing Information as a 
Strategic Resource''; HUD is providing the public with notice of a new 
computer matching agreement with HHS (previous notice of a computer 
matching program between HUD and HHS was previously published at 86 FR 
40610 on July 28, 2021). The first HUD-HHS computer matching program 
was conducted in September 2005, with HUD's Office of Public and Indian 
Housing. The scope of the HUD-HHS computer matching program was 
extended to include HUD's Office of Housing in December 2007, and the 
participants of HUD's Disaster Housing Assistance Program (DHAP) in 
January 2011.
    The matching program will be carried out only to the 'xtent 
necessary to: (1) verify the employment and income of participants in 
certain rental assistance programs to correctly determine the

[[Page 8702]]

amount of their rent and assistance, (2) identify, prevent, and recover 
improper payments made on behalf of tenants, and (3) after removal of 
personal identifiers, to conduct analyses of the employment and income 
reporting of individuals participating in any HUD authorized rental 
housing assistance program.
    HUD will make the results of the computer matching program 
available to public housing agencies (PHAs), private housing owners and 
management agents (O/As) administering HUD rental assistance programs 
to enable them to verify employment and income and correctly determine 
the rent and assistance levels for individuals participating in those 
programs, and contract administrators (Cas) overseeing and monitoring 
O/A operations. This information also may be disclosed to the HUD 
Office of Inspector General (HUD/OIG) and the United States Attorney 
General in detecting and investigating potential cases of fraud, waste, 
and abuse within HUD rental assistance programs.
    In addition to the above noted information disclosures, limited 
redisclosure of reports containing NDNH information may be redisclosed 
to the following persons and/or entities: (1) Independent auditors for 
the sole purpose of performing an audit of whether these HUD authorized 
entities verified tenants' employment and/or income and calculated the 
subsidy and rent correctly; and (2) entities and/or individuals 
associated with grievance procedures and judicial proceedings (i.e., 
lawyers, court personnel, agency personnel, grievance hearing officers, 
etc.) relating to independently verified unreported income identified 
through this matching program.
    HUD and its third-party administrators (PHAs, O/As, and CAs) will 
use this matching authority to identify, reduce or eliminate improper 
payments in HUD's rental housing assistance programs, while continuing 
to ensure that HUD rental housing assistance programs serve and are 
accessible by its intended program beneficiaries.
    Participating Agencies: Department of Housing and Urban Development 
and the Department of Health and Human Services.
    Authority for Conducting the Matching Program: This matching 
program is being conducted pursuant to Section 217 of the Consolidated 
Appropriation Act of 2004 (Pub. L. 108-199, Approved January 23, 2004), 
which amended Section 453(j) of the Social Security Act (42 U.S.C. 
653(j)), Sections 3003 and 13403 of the Omnibus Budget Reconciliation 
Act of 1993 (Pub. L. 103-66, approved August 10, 1993); Section 542(b) 
of the 1998 Appropriations Act (Pub. L. 105-65); Section 904 of the 
Stewart B. McKinney Homeless Assistance Amendments Act of 1988, as 
amended by Section 239 of HUD's 2009 Appropriations, effective March 
11, 2009 (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 
Quality Housing and Work Responsibility Act of 1998 (42 U.S.C. 
1437a(f)).
    The Housing and Community Development Act of 1987 authorizes HUD to 
require applicants and participants (as well as members of their 
household 6 years of age and older) in HUD-administered programs 
involving rental housing assistance to disclose to HUD their Social 
Security Numbers (SSNs) as a condition of initial or continuing 
eligibility for participation in the programs. Effective January 31, 
2010, all applicants and participants under the age of 6, are required 
to disclose their SSN to HUD, in accordance with regulatory revisions 
made to 24 CFR 5.216, as published at 74 FR 68924, on December 29, 
2009.
    Section 217 of the Consolidated Appropriations Act of 2004 (Pub. L. 
108-199, approved January 23, 2004) authorizes HUD to provide to HHS 
information on persons participating in any programs authorized by:
    (i) The United States Housing Act of 1937 (42 U.S.C. 1437 et seq.);
    (ii) Section 202 of the Housing Act of 1959 (12 U.S.C. 1701q);
    (iii) Section 221(d)(3), 221(d)(5) or 236 of the National Housing 
Act (12 U.S.C. 17151(d) and 1715z-1); (iv) Section 811 of the Cranston-
Gonzalez National Affordable Housing Act (42 U.S.C. 8013); or (v) 
Section 101 of the Housing and Urban Development Act of 1965 (12 U.S.C. 
1701s);
    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 employment and income information 
during mandatory re-examinations or recertifications of family 
composition and income and reduce administrative and subsidy payment 
errors in accordance with HUD administrative guidance (HUD regulation 
at 24 CFR 5.233).
    This 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) (July 22, 2010);
    2. Presidential Memorandum on Enhancing Payment Accuracy Through a 
``Do Not Pay List'' (June 18, 2010)
    3. Office of Management and Budget M-18-20, Transmittal of Appendix 
C to OMB Circular A-123, Requirements for Payment Integrity 
Improvement'' (June 26, 2018);
    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);
    7. Office of Management and Budget M-03-13, Improper Payments 
Information Act of 2002;
    8. Improper Payments Elimination and Recovery Improvement Act 
(IPERIA) of 2012, (Pub. L. 112-248) (January 10, 2013); and
    9. Office of Management and Budget M-13-20, Protecting Privacy 
while Reducing Improper Payments with the Do Not Pay Initiative (August 
16, 2013).
    This matching program is also authorized by subsections 
453(j)(7)(A), (C)(i), and (D)(i) of the Social Security Act (as amended 
and authorized by Section 217 of the Consolidated Appropriations Act of 
2004 (Pub. L. 108-199)). Specifically, the aforementioned law 
authorizes HHS to compare information provided by HUD with data 
contained in the NDNH and report the results of the data match to HUD. 
The Social Security Act gives HUD the authority to disclose this 
information to CAs, O/As, and PHAs for the purpose of verifying the 
employment and income of individuals receiving benefits in the above 
programs. HUD shall not seek, use or disclose information relating to 
an individual without the prior written consent of that individual, and 
HUD has the authority to require consent as a condition of 
participating in HUD rental housing assistance programs.
    The NDNH contains new hire, quarterly wage, and unemployment 
insurance information furnished by State and Federal agencies and is

[[Page 8703]]

maintained by HHS' Office of Child Support Enforcement (OCSE) in its 
system of records ``OCSE National Directory of New Hires,'' No. 09-80-
0381, published in the Federal Register at 80 FR 17894 (specifically 
pages 17906-17909) on April 2, 2015. The published system of records 
notice authorizes disclosure of NDNH information to HUD pursuant to 
Routine Use (12) ``for the purpose of verifying the employment and 
income of the individuals and, after removal of personal identifiers, 
for the purpose of conducting analyses of the employment and income 
reporting of such individuals.''
    The HUD records used in the information comparison are retrieved 
from HUD's Enterprise Income Verification (EIV) System, and the results 
of the information comparison are maintained within HUD's EIV System 
No. HUD/PIH-5, last published in the Federal Register at 87 FR 
50635(August 17, 2022). Routine use (D) of the system of records 
authorizes disclosure of HUD records to HHS.
    Purpose(s): HUD's primary objective of the computer matching 
program is to verify the employment and income of participants in 
certain rental assistance programs to determine the appropriate level 
of rental assistance, and to detect, deter and correct fraud, waste, 
and abuse in rental housing assistance programs. In meeting these 
objectives, HUD also is carrying out a responsibility under 42 U.S.C. 
1437f(K) to ensure that income data provided to PHAs, and O/As, by 
household members is complete and accurate. HUD's various rental 
housing assistance programs require that participants meet certain 
income and other criteria to be eligible for rental assistance. In 
addition, tenants generally are required to report and recertify the 
amounts and sources of their income at least annually. However, under 
the Quality Housing and Work Responsibility Act (QHWRA) of 1998, PHAs 
operating Public Housing programs may offer tenants the option to pay a 
flat rent, or an income-based rent. 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.

    Categories of Individuals:
Covered Programs
    This notice of computer matching program applies to individuals 
receiving services from the following rental assistance programs:

A. Disaster Housing Assistance Program (DHAP)
B. Public Housing
C. Section 8 Housing Choice Vouchers (HCV)
D. Project-Based Vouchers
E. Section 8 Moderate Rehabilitation
F. Project-Based Section 8
    1. New Construction
    2. State Agency Financed
    3. Substantial Rehabilitation
    4. Sections 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.

    Categories of Records: The following are the categories of record 
in this matching agreement:

HUD Input File
 First name
 Last name
 Date of birth
 Social Security number
HHS New Hire File
 New hire processed date
 Employee name
 Employee address
 Employee date of hire
 Employee State of hire
 Federal Employer Identification Number
 State Employer Identification Number
 Department of Defense status code
 Employer name
 Employer address
 Transmitter agency code
 Transmitter State code
 Transmitter State or agency name
HHS Quarterly Wage File
 Quarterly wage processed date
 Employee name
 Federal Employer Identification Number
 State Employer Identification Number
 Department of Defense code
 Employer name
 Employer address
 Employee wage amount
 Quarterly wage reporting period
 Transmitter agency code
 Transmitter State code
 Transmitter State or agency name
HHS Unemployment Insurance File
 Unemployment insurance processed date
 Claimant name
 Claimant address
 Claimant benefit amount
 Unemployment insurance reporting period
 Transmitter State code
 Transmitter State or agency name

    System(s) of Records: OCSE NDNH contains new hire, quarterly wage, 
and unemployment insurance information furnished by State and Federal 
agencies and is maintained by OCSE in its system of records ``OCSE 
National Directory of New Hires,'' No. 09-80-0381; see System of 
Records Notice (SORN) published in full at 87 FR 3550 (January 24, 
2022). The disclosure of NDNH records by OCSS to HUD constitutes a 
``routine use,'' as defined by the Privacy Act. 5 U.S.C. 552a(b)(3). 
Routine use (12) published in the NDNH SORN authorizes the disclosure 
of NDNH records to HUD. 87 FR 3553, 3555 (January 24, 2022).
    The HUD records used in the information comparison are retrieved 
from, and the results of the information comparison are maintained 
within, the HUD system of records ``Enterprise Income Verification'' 
(EIV), No. HUD/PIH-5, 87 FR 50635(August 17, 2022). Routine use (D) in 
that system of records authorizes the disclosure of HUD records to 
OCSE.

Bradley S. Jewitt,
Senior Agency Official for Privacy.
[FR Doc. 2024-02568 Filed 2-7-24; 8:45 am]
BILLING CODE 4210-67-P