[Federal Register: June 27, 2006 (Volume 71, Number 123)]
[Notices]
[Page 36540-36542]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr27jn06-50]
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DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT
[Docket No. FR-4922-N-18]
Privacy Act of 1974; Notice of Matching Program: Matching Tenant
Data in Assisted Housing Programs
AGENCY: Office of the Chief Information Officer, HUD.
ACTION: Notice of a computer matching program between the Department of
Housing and Urban Development (HUD) and the Department of Homeland
Security, Federal Emergency Management Agency (FEMA).
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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, HUD is announcing a new matching program
involving comparisons between income data provided by applicants or
participants in HUD's assisted housing programs and applicants for FEMA
disaster assistance. The matching program will be carried out to detect
inappropriate (excessive or insufficient) housing assistance under the
National Housing Act, the United States Housing Act of 1937, section
101 of the Housing and Community Development Act of 1965, the Native
American Housing Assistance and Self-Determination Act of 1996, and the
Quality Housing and Work Responsibility Act of 1998.
The matching program will be accomplished by comparing income,
family size, family address, family identity, and benefit data for
individuals participating in HUD's assisted housing programs and
subsidized multifamily housing programs with disaster emergency
assistance data maintained by FEMA in its systems of records known as
Disaster Assistance Recovery Files (FEMA/REG-2), last published at 69
FR 65615 (November 15, 2004). Specifically, HUD will compare the FEMA
identity, income, family size, and benefit data to tenant-reported data
included in HUD's system of records known as: (1) the Tenant Housing
Assistance and Contract Verification Data (HUD/H-11), last published at
62 FR 11909 (March 13, 1997); and (2) the Public and Indian Housing
Information Center (HUD/PIH-4), last published at 67 FR 20986 (April
29, 2002). The tenant comparisons will identify, based on criteria
established by HUD, tenants whose incomes, family size, address, or
benefit levels, etc. that require further verification to determine if
the tenants received appropriate levels of rental assistance. The
program also provides for the verification of the matching results and
the initiation of appropriate administrative or legal actions.
DATES: Effective Date: Computer matching is expected to begin July 27,
2006 unless comments are received which will result in a contrary
determination, or 40 days after a copy of the underlying matching
agreement is signed, approved by HUD and FEMA Data Integrity Boards,
and sent to both Houses of Congress, whichever is later.
Comments Due Date: July 27, 2006.
ADDRESSES: Interested persons are invited to submit comments regarding
this notice to the Rules Docket Clerk, Office of General Counsel, Room
10276, Department of Housing and Urban Development, 451 Seventh Street,
SW., Washington, DC 20410-0500. Communications should refer to the
above docket number and title. Facsimile (FAX) comments are not
acceptable. A copy of each communication submitted will be available
for public inspection and copying between 7:30 a.m. and 5:30 p.m.
weekdays at the above address.
FOR FURTHER INFORMATION CONTACT: For Privacy Act: Jeanette Smith,
Departmental Privacy Act Officer, Room P8001, Department of Housing and
Urban Development, 451 Seventh Street, SW., Washington, DC 20410,
telephone number (202) 708-2374. A telecommunications device for
hearing- and speech-impaired individuals (TTY) is available at 1-800-
877-8339 (Federal Information Relay Service).
For further information from recipient agency: Bryan Saddler,
Counsel to the Inspector General, Department of Housing and Urban
Development, 451 Seventh Street, SW., Room 8260, Washington, DC 20410,
(202) 708-1613.
SUPPLEMENTARY INFORMATION: 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 of the House of Representatives, the Committee on Governmental
Affairs of the Senate, and
[[Page 36541]]
OMB's Office of Information and Regulatory Affairs.
I. Authority
This matching program is being conducted pursuant to the Emergency
Supplemental Appropriations to Address Hurricanes in the Gulf of Mexico
and Pandemic Influenza, 2006 (Pub. L. 109-148); section 3003 of the
Omnibus Budget Reconciliation Act of 1993 (Pub. L. 103-66); 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 (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.); the Quality Housing
and Work Responsibility Act of 1998 (42 U.S.C. 1437a(f)); the Inspector
General Act of 1978 (5 U.S.C. App. 3); Computer Matching and Privacy
Protection Act of 1988 (Pub. Law 100-53); and 65 FR 24732 and 64 FR
54930.
Chapter 9, Title I, of the Emergency Supplemental Appropriations to
Address Hurricanes in the Gulf of Mexico and Pandemic Influenza,
requires HUD to provide Tenant-Based Rental Assistance only for tenants
who received housing assistance prior to the hurricanes and to ``those
which were homeless or in emergency shelters in the declared disaster
area prior to Hurricanes Katrina or Rita.'' It also requires, with
respect to Community Development Fund assistance, that HUD establish
procedures to prevent recipients from receiving any duplication of
benefits.
Section 3003 of the Budget Reconciliation Act authorizes HUD to
require applicants and participants in assisted housing programs to
sign a consent form authorizing the Secretary of HUD to request that
the Commissioner of Social Security and the Secretary of the Treasury
release the Federal tax information. The final rule regarding
participants' consent to the release of information was published by
HUD in the Federal Register on March 20, 1995 (61 FR 11112).
The Stewart B. McKinney Homeless Assistance Amendments Act of 1988
authorizes HUD and Public Housing Agencies (but not private owners/
management agents for subsidized multifamily projects (hereafter
collectively referred to as ``POAs'')) to request wage and claim
information from State Wage Information Collection Agencies (SWICAs)
responsible for administering State unemployment laws in order to
undertake computer matching. This Act authorizes HUD to require
applicants and participants to sign a consent form authorizing HUD or
the POA to request wage and claim information from the SWICAs.
The Housing and Community Development Act of 1987 authorizes HUD to
require applicants and participants (as well as members of their
household six years of age and older) in HUD-administered programs
involving rental assistance to disclose to HUD their SSNs as a
condition of initial or continuing eligibility for participation in the
programs.
The Quality Housing and Work Responsibility Act of 1998 (QHWRA),
section 508(d), 42 U.S.C. 1437a(f) authorizes the Secretary of HUD to
require disclosure by the tenant to the public housing agency of income
information received by the tenant from HUD as part of 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 participants'
eligibility or level of benefits.
The Inspector General Act authorizes the HUD Inspector General to
undertake programs to detect and prevent fraud and abuse in all HUD
programs.
The FEMA, pursuant to section 312 of the Stafford Act, 42 U.S.C.
5155, must assure that no person or entity receiving disaster
assistance receives assistance ``with respect to any part of such loss
as to which he has received financial assistance under any other
program or from insurance or any other source.''
II. Objectives To Be Met by the Matching Program
HUD's primary objective in implementing the computer matching
program is to increase the availability of rental assistance to
individuals who meet the requirements of the rental assistance
programs. Other objectives include determining the appropriate level of
rental assistance, and deterring and correcting abuse in assisted
housing programs. In meeting these objectives HUD also is carrying out
a responsibility under 42 U.S.C. 1437a(f) to ensure that income data
provided to POAs by household members is complete and accurate, and
under 42 U.S.C. 5155 to avoid the duplication of Federal assistance
payments.
HUD's various assisted housing programs, available through POAs,
require that applicants 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, public housing agencies may
now 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 (65 FR 16692; March 29,
2000) specified that household composition must be recertified annually
for tenants who select a flat rent or income-based rent.
The matching program identifies tenants receiving inappropriate
(excessive or insufficient) rental assistance resulting from under or
over-reported household income (including other Federal assistance) or
composition. When excessive rental assistance amounts are identified,
some tenants move out of assisted housing units; other tenants agree to
repay excessive rental assistance. These actions may increase rental
assistance or the number of units available to serve other
beneficiaries of HUD programs. When tenants continue to be eligible for
rental assistance, but at a reduced level, the tenants will be required
to increase their contributions toward rent.
III. Program Description
This computer matching program, to the extent that it involves the
use of SSA, IRS or SWICA data is fully described at 69 FR 11033. With
respect to FEMA data, the matching program will be accomplished by
comparing income, family size, family address, family identity, and
benefit data for individuals participating in HUD's assisted housing
programs and subsidized multifamily housing programs with disaster
emergency assistance data maintained by FEMA in its systems of records
known as Disaster Assistance Recovery Files (FEMA/REG-2), last
published at 69 FR 65615 (November 15, 2004). Specifically, HUD will
compare the FEMA identity, income, family size, and benefit data to
tenant-reported data included in HUD's system of records known as: (1)
The Tenant Housing Assistance and Contract Verification Data (HUD/H-
11), last published at 62 FR 11909 (March 13, 1997); and (2) the Public
and Indian Housing Information Center (HUD/PIH-4), last published at 67
FR 20986 (April
[[Page 36542]]
29, 2002). The tenant comparisons will identify, based on criteria
established by HUD, tenants whose incomes, family size, address, or
benefit levels, etc., that require further verification to determine if
the tenants received appropriate levels of rental assistance. The
program also provides for the verification of the matching results and
the initiation of appropriate administrative or legal actions.
A. Income Verification
Any match (i.e., a ``hit'') will be further reviewed by HUD, the
POA, or the HUD Office of Inspector General (OIG) to determine whether
the income reported by tenants to the POA is correct and complies with
HUD and POA requirements. Specifically, current or prior wage
information and other data will be sought directly from employers.
B. Administrative or Legal Actions
Regarding all the matching described in this notice, HUD
anticipates that POAs will take appropriate action in consultation with
tenants to: (1) Resolve income disparities between tenant-reported and
independent income source data, and (2) use correct income amounts in
determining housing rental assistance.
POAs must compute the rent in full compliance with all applicable
occupancy regulations. POAs must ensure that they use the correct
income and correctly compute the rent.
The POAs may not suspend, terminate, reduce, or make a final denial
of any housing assistance to any tenant as the result of information
produced by this matching program until: (a) The tenant has received
notice from the POA of its findings and informing the tenant of the
opportunity to contest such findings and (b) either the notice period
provided in applicable regulations of the program, or 30 days,
whichever is later, has expired. In most cases, POAs will resolve
income discrepancies in consultation with tenants.
Additionally, serious violations, which POAs, HUD Program staff, or
HUD OIG verify, should be referred for full investigation and
appropriate civil and/or criminal proceedings.
IV. Records To Be Matched
This computer matching program, to the extent that it involves the
use of SSA, IRS or SWICA data is fully described at 69 FR 11033. With
respect to FEMA data, the match will involve tenant records obtained
directly from POAs and subsidized multifamily projects included in the
Tenant Housing Assistance and Contract Verification Data (HUD/H-11) and
the Public and Indian Housing Information Center (HUD/PIH-4). These
records contain information about individuals who are participants in
the Federal low income and Section 8 housing assistance programs.
Specifically, the tenant records include these data elements: (1) SSNs
for each family member; (2) family control number to identify each
tenant with a particular family; (3) Head of Household Indicator; (4)
Last Name, First Name, Middle Initial, and Address for household; (5)
Sex; (6) Birth Date; (7) Reported Income by source, description and
amount; (8) Program Code; and (9) Recertification Date.
The FEMA will provide HUD with extract files from the FEMA/REG-2
system. The notice for this system was published at 69 FR 65615. The
disclosure from FEMA/REG-2 will be made in accordance with routine use
``a(1).'' HUD will match the tenant records to the FEMA records on
disaster assistance applicants to compare tenant reported income.
For matched employees SSNs (i.e., ``hits''), HUD will extract the
following information from FEMA/REG-2: SSN, Date of Birth, Name, Sex,
Income Information, Household Size and Composition, Address, Insurance
Coverage Information, and Temporary Housing Assistance Eligibility
Determinations.
V. Period of the Match
The computer matching program will be conducted according to an
agreement between HUD and the FEMA. The computer matching agreement for
the planned matches will terminate either when the purpose of the
computer matching program is accomplished, or 18 months from the date
the agreement is signed, whichever comes first.
The agreement may be extended for one 12-month period, with the
mutual agreement of all involved parties, if the following conditions
are met:
(1) Within 3 months of the expiration date, all Data Integrity
Boards review the agreement, find that the program will be conducted
without change, and find a continued favorable examination of benefit/
cost results; and
(2) All parties certify that the program has been conducted in
compliance with the agreement. The agreement may be terminated, prior
to accomplishment of the computer matching purpose or 18 months from
the date the agreement is signed (whichever comes first), by the mutual
agreement of all involved parties within 30 days of written notice.
Dated: June 20, 2006.
Bajinder N. Paul,
Deputy Chief Information Officer for IT Operations.
[FR Doc. E6-10070 Filed 6-26-06; 8:45 am]
BILLING CODE 4210-67-P