Federal RegisterVol 76_ No 3Wednesday_ January 5_ 2011Notices.pdf

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					                                                                            Federal Register / Vol. 76, No. 3 / Wednesday, January 5, 2011 / Notices                                              579

                                                 Dated: December 29, 2010.                             become effective as cited in Section V                 about individuals, HUD is providing the
                                               Clifford Taffet,                                        of this notice.                                        public with notice of a new computer
                                               General Deputy Assistant Secretary for                  ADDRESSES: Interested persons are                      matching agreement with HHS
                                               Community Planning and Development                      invited to submit comments regarding                   (previous notice of a computer matching
                                               (Acting).                                               this notice to the Rules Docket Clerk,                 program between HUD and HHS was
                                               [FR Doc. 2010–33299 Filed 1–4–11; 8:45 am]              Office of General Counsel, Room 10276,                 previously published at 73 FR 10046 on
                                               BILLING CODE 4210–67–P                                  Department of Housing and Urban                        February 25, 2008). The first HUD–HHS
                                                                                                       Development, 451 Seventh Street, SW.,                  computer matching program was
                                                                                                       Washington, DC 20410–0500.                             conducted in September 2005, with
                                               DEPARTMENT OF HOUSING AND                               Communications should refer to the                     HUD’s Office of Public and Indian
                                               URBAN DEVELOPMENT                                       above docket number and title.                         Housing. The scope of the HUD–HHS
                                                                                                       Facsimile (FAX) comments are not                       computer matching program was
                                               [Docket No. FR–5386–N–16]                               acceptable. A copy of each                             extended to include HUD’s Office of
                                                                                                       communication submitted will be                        Housing in December 2007. This notice
                                               Privacy Act of 1974; Computer                                                                                  supersedes the previous notice and
                                                                                                       available for public inspection and
                                               Matching Program Between the                                                                                   changes the scope of the existing
                                                                                                       copying between 8 a.m. and 5 p.m.
                                               Department of Housing and Urban                                                                                computer matching program to now
                                                                                                       weekdays at the above address.
                                               Development (HUD) and the                                                                                      include participants of HUD’s DHAP.
                                                                                                       FOR FURTHER INFORMATION CONTACT: For
                                               Department of Health and Human                                                                                    The matching program will be carried
                                               Services (HHS): Matching Tenant Data                    Privacy Act Inquires: Office of the Chief
                                                                                                       Information Officer, contact the Chief                 out only to the extent necessary to: (1)
                                               in Assisted Housing Programs                                                                                   Verify the employment and income of
                                                                                                       Privacy Officer, Department of Housing
                                               AGENCY:  Office of the Chief Information                and Urban Development, 451 Seventh                     individuals participating in programs
                                               Officer, HUD.                                           Street, SW., Room 2256, Washington,                    identified in Section I below, to
                                                                                                       DC 20410, telephone number (202) 402–                  correctly determine the amount of their
                                               ACTION: Notice of a New Computer
                                                                                                       8073. For program information: Office of               rent and assistance, (2) identify,
                                               Matching Agreement between HUD and                                                                             prevent, and recover improper
                                               HHS.                                                    Public and Indian Housing, contact
                                                                                                       Nicole Faison, Program Advisor for the                 payments made on behalf of tenants,
                                               SUMMARY:    Pursuant to the Computer                    Real Estate Assessment Center,                         and (3) after removal of personal
                                               Matching and Privacy Protection Act of                  Department of Housing and Urban                        identifiers, to conduct analyses of the
                                               1988, as amended, HUD is providing                      Development, 451 Seventh Street, SW.,                  employment and income reporting of
                                               notice of its intent to execute a new                                                                          individuals participating in any HUD
                                                                                                       Room PCFL1, Washington, DC 20410,
                                               computer matching agreement with                                                                               authorized rental housing assistance
                                                                                                       telephone number (202) 475–7963; and
                                               HHS for a recurring matching program                                                                           program.
                                                                                                       for the Office of Housing, contact                        HUD will make the results of the
                                               with HUD’s Office of Public and Indian                  Catherine M. Brennan, Director of the                  computer matching program available to
                                               Housing (PIH) and Office of Housing,                    Housing Assistance Policy Division,                    public housing agencies (PHAs), private
                                               involving comparisons of information                    Department of Housing and Urban                        housing owners and management agents
                                               provided by participants in any                         Development, 451 Seventh Street, SW,                   (O/As) administering HUD rental
                                               authorized HUD rental housing                           Room 6160, Washington, DC 20410,                       assistance programs to enable them to
                                               assistance program with the                             telephone number (202) 402–6732.                       verify employment and income and
                                               independent sources of income                           (These are not toll-free numbers.) A                   correctly determine the rent and
                                               information available through the                       telecommunications device for hearing-                 assistance levels for individuals
                                               National Directory of New Hires                         and speech-impaired individuals (TTY)                  participating in those programs, and
                                               (NDNH) maintained by HHS.                               is available at (800) 877–8339 (Federal                contract administrators (CAs) overseeing
                                               Specifically, the HUD–HHS computer                      Information Relay Service).                            and monitoring O/A operations. This
                                               matching program will now include                       SUPPLEMENTARY INFORMATION: On March                    information also may be disclosed to the
                                               program participants of HUD’s new                       11, 2009, Section 239 of HUD’s 2009                    HUD Inspector General (HUD/IG) and
                                               Disaster Housing Assistance Program                     Appropriations Act modified Section                    the Attorney General in detecting and
                                               (DHAP), in addition to participants of                  904 of the Stewart B. McKinney Act of                  investigating potential cases of fraud,
                                               previously authorized HUD rental                        1988, as amended, to include the                       waste, and abuse of the above named
                                               housing assistance programs and                         Disaster Housing Assistance Program                    programs.
                                               conditions requiring HUD’s annual                       (DHAP) as a ‘‘program’’ of HUD for the                    In addition to the above noted
                                               Quality Control for Rental Assistance                   purpose of income verifications and                    information disclosures, limited
                                               Subsidy Determinations (‘‘QC’’) study to                computer matching. Computer matching                   redisclosure of reports containing
                                               provide a statistical measurement of                    for participants of the Disaster Housing               NDNH information may be redisclosed
                                               subsidy error within HUD rental                         Assistance Program is expected to begin                to the following persons and/or entities:
                                               housing assistance programs. The most                   no sooner than January 2, 2011. As                     (1) independent auditors for the sole
                                               recent renewal of the current matching                  such, pursuant to the Computer                         purpose of performing an audit of
                                               agreement expires on January 5, 2011.                   Matching and Privacy Protection Act                    whether these HUD authorized entities
                                               DATES: HUD will file a report of the                    (CMPPA) of 1988, as amended, OMB’s                     verified tenants’ employment and/or
                                               subject matching program with the                       guidance on this statute entitled ‘‘Final              income and calculated the subsidy and
                                               Committee on Oversight and                              Guidance Interpreting the Provisions of                rent correctly; and (2) entities and/or
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                                               Government Reform of the House of                       Public Law 100–503’’, and OMB Circular                 individuals associated with grievance
                                               Representatives, the Committee on                       No. A–130, Appendix 1 to OMB’s                         procedures and judicial proceedings
                                               Homeland Security and Governmental                      Revisions of Circular No. A–130,                       (i.e. lawyers, court personnel, agency
                                               Affairs of the Senate, and Office of                    ‘‘Transmittal Memorandum No. 4,                        personnel, grievance hearing officers,
                                               Management and Budget’s (OMB),                          Management of Federal Information                      etc.) relating to independently verified
                                               Office of Information and Regulatory                    Resources,’’ prescribes agencies                       unreported income identified through
                                               Affairs. The matching program will                      responsibilities for maintaining records               this matching program.

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                                               580                          Federal Register / Vol. 76, No. 3 / Wednesday, January 5, 2011 / Notices

                                                 HUD and its third party                                  (iii) Section 221(d)(3), 221(d)(5) or               condition of participating in HUD rental
                                               administrators (PHAs, O/As, and CAs)                    236 of the National Housing Act (12                    housing assistance programs.
                                               will use this matching authority to                     U.S.C. 17151(d) and 1715z–1);                             HHS’ disclosure of data from the
                                               identify, reduce or eliminate improper                     (iv) Section 811 of the Cranston-                   National Directory of New Hires is
                                               payments in HUD’s rental housing                        Gonzalez National Affordable Housing                   authorized by Section 217 of the
                                               assistance programs, while continuing                   Act (42 U.S.C. 8013); or                               Consolidated Appropriations Act of
                                               to ensure that HUD rental housing                          (v) Section 101 of the Housing and                  2004 (Pub. L. 108–199). The disclosures
                                               assistance programs serve and are                       Urban Development Act of 1965 (12                      from the HHS system of records,
                                               accessible by its intended program                      U.S.C. 1701s);                                         ‘‘Location and Collection System of
                                               beneficiaries.                                             The Refinement of Income and Rent                   Records,’’ No. 09–90–0074, will be made
                                                                                                       Determination Requirements in Public                   pursuant to ‘‘Routine Use’’ (17),
                                               I. Authority                                                                                                   identified in the Federal Register last
                                                                                                       and Assisted Housing Programs:
                                                  This matching program is being                       Implementation of the Enterprise                       published at 72 FR 51446 on September
                                               conducted pursuant to Section 217 of                    Income Verification (EIV) System—                      7, 2007. This routine use authorizes
                                               the Consolidated Appropriation Act of                   Amendments; Final rule published at 74                 HHS to ‘‘disclose to the Department of
                                               2004 (Pub. L. 108–199, Approved                         FR 68924 on December 29, 2009,                         Housing and Urban Development
                                               January 23, 2004), which amended                        requires program administrators to use                 information in the NDNH portion of this
                                               Section 453(j) of the Social Security Act               HUD’s EIV system to verify tenant                      system for purposes of verifying
                                               (42 U.S.C. 653(j)), Sections 3003 and                   employment and income information                      employment and income of individuals
                                               13403 of the Omnibus Budget                             during mandatory reexaminations or                     participating in specified programs and,
                                               Reconciliation Act of 1993 (Pub. L. 103–                recertifications of family composition                 after removal of personal identifiers, to
                                               66, approved August 10, 1993); Section                  and income and reduce administrative                   conduct analyses of the employment
                                               542(b) of the 1998 Appropriations Act                   and subsidy payment errors in                          and income reporting of these
                                               (Pub. L. 105–65); Section 904 of the                                                                           individuals.’’
                                                                                                       accordance with HUD administrative
                                               Stewart B. McKinney Homeless
                                                                                                       guidance (new HUD regulation at 24                     II. Objectives To Be Met by the
                                               Assistance Amendments Act of 1988, as
                                                                                                       CFR 5.233).                                            Matching Program
                                               amended by Section 239 of HUD’s 2009
                                                                                                          This matching program also assists                     HUD’s primary objective of the
                                               Appropriations, effective March 11,
                                                                                                       HUD in complying with the following                    computer matching program is to verify
                                               2009 (42 U.S.C. 3544); Section 165 of
                                                                                                       federal laws, requirements, and                        the employment and income of
                                               the Housing and Community
                                                                                                       guidance related to identifying and                    individuals participating in the housing
                                               Development Act of 1987 (42 U.S.C.
                                               3543); the National Housing Act (12                     reducing improper payments:                            programs identified in Section I above,
                                               U.S.C. 1701–1750g); the United States                      1. Improper Payments Elimination                    to determine the appropriate level of
                                               Housing Act of 1937 (42 U.S.C. 1437–                    and Recovery Act of 2010 (IPERA) (Pub.                 rental assistance, and to detect, deter
                                               1437z); Section 101 of the Housing and                  L. 111–204);                                           and correct fraud, waste, and abuse in
                                               Community Development Act of 1965                          2. Presidential Memorandum on                       rental housing assistance programs. In
                                               (12 U.S.C. 1701s); the Native American                  Enhancing Payment Accuracy Through                     meeting these objectives HUD also is
                                               Housing Assistance and Self-                            a ‘‘Do Not Pay List’’ (June 18, 2010);                 carrying out a responsibility under 42
                                               Determination Act of 1996 (25 U.S.C.                       3. Office of Management and Budget                  U.S.C. 1437f(K) to ensure that income
                                               4101 et seq.); and the Quality Housing                  M–10–13, Issuance of Part III to OMB                   data provided to PHAs, and O/As, by
                                               and Work Responsibility Act of 1998 (42                 Circular A–123, appendix C;                            household members is complete and
                                               U.S.C. 1437a(f)).                                          4. Presidential Memorandum on                       accurate. HUD’s various rental housing
                                                  The Housing and Community                            Finding and Recapturing Improper                       assistance programs require that
                                               Development Act of 1987 authorizes                      Payments (March 10, 2010);                             participants meet certain income and
                                               HUD to require applicants and                              5. Reducing Improper Payments and                   other criteria to be eligible for rental
                                               participants (as well as members of their               Eliminating Waste in Federal Programs                  assistance. In addition, tenants generally
                                               household six years of age and older) in                (Executive Order 13520, November                       are required to report and recertify the
                                               HUD-administered programs involving                     2009);                                                 amounts and sources of their income at
                                               rental housing assistance to disclose to                   6. Improper Payments Information                    least annually. However, under the
                                               HUD their social security numbers                       Act of 2002 (Pub. L. 107–300); and                     QHWRA of 1998, PHAs operating Public
                                               (SSNs) as a condition of initial or                        7. Office of Management and Budget                  Housing programs may now offer
                                               continuing eligibility for participation                M–03–13, Improper Payments                             tenants the option to pay a flat rent, or
                                               in the programs. Effective January 31,                  Information Act of 2002 Implementation                 an income-based rent. Those tenants
                                               2010, all applicants and participants                   Guide.                                                 who select a flat rent will be required
                                               under the age of six, are required to                      HHS shall then compare this                         to recertify income at least every three
                                               disclose their SSN to HUD, in                           information provided by HUD with data                  years. In addition, the changes to the
                                               accordance with regulatory revisions                    contained in the National Directory of                 Admissions and Occupancy final rule
                                               made to 24 CFR 5.216, as published at                   New Hires and report the results of the                (March 29, 2000 (65 FR 16692))
                                               74 FR 68924, on December 29, 2009.                      data match to HUD. The Act gives HUD                   specified that household composition
                                                  Section 217 of the Consolidated                      the authority to disclose this                         must be recertified annually for tenants
                                               Appropriations Act of 2004 (Pub. L.                     information to CAs, O/As, and PHAs for                 who select a flat rent or income-based
                                               108–199, approved January 23, 2004)                     the purpose of verifying the                           rent.
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                                               authorizes HUD to provide to HHS                        employment and income of individuals                      An additional objective of this
                                               information on persons participating in                 receiving benefits in the above                        computer matching program is to
                                               any programs authorized by:                             programs. HUD shall not seek, use or                   facilitate the statistical measurement of
                                                  (i) The United States Housing Act of                 disclose information relating to an                    subsidy error by completing an annual
                                               1937 (42 U.S.C. 1437 et seq.);                          individual without the prior written                   QC study. The QC study provides
                                                  (ii) Section 202 of the Housing Act of               consent of that individual, and HUD has                national estimates of the extent,
                                               1959 (12 U.S.C. 1701q);                                 the authority to require consent as a                  severity, costs, and sources of rent errors

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                                                                            Federal Register / Vol. 76, No. 3 / Wednesday, January 5, 2011 / Notices                                                       581

                                               for rental assistance programs,                         B. Administrative or Legal Actions                     Routine uses of records maintained in
                                               administered by the Offices of Housing                    With respect to the ‘‘hits’’ that will               the system, including categories of users
                                               and Pubic and Indian Housing. This                      occur as a result of this matching                     and purposes of such uses was
                                               study is designed to measure the extent                 program, HUD requires program                          published in that Notice.
                                               of administrative error by housing                      administrators to take appropriate
                                               providers and tenant income reporting                                                                          V. Period of the Match
                                                                                                       action in consultation with tenants to:
                                               errors. The errors evaluated in this                    (1) resolve income disparities between                    The matching program will become
                                               study affect the rent contributions                     tenant-reported and independent                        effective and the matching may
                                               tenants should have been charged. HUD                   income source data, and (2) use correct
                                               will use NDNH information resulting                                                                            commence after the respective Data
                                                                                                       income amounts in determining housing                  Integrity Boards (DIBs) of both agencies
                                               from this data comparison and
                                                                                                       rental assistance.                                     approve and sign the computer
                                               disclosure solely for the purpose of                      Program administrators must compute
                                               conducting aggregate analyses of                                                                               matching agreement, and after, the later
                                                                                                       the rent in full compliance with all                   of the following: (1) 40 days after report
                                               employment and income reporting of
                                                                                                       applicable occupancy regulations.                      of the matching program is sent to
                                               individuals participating in the rental
                                                                                                       Program administrator must ensure that                 Congress and OMB; (2) at least 30 days
                                               housing assistance programs. The study
                                                                                                       they use the correct income and                        after publication of this notice in the
                                               will not contain personally identifiable
                                                                                                       correctly compute the rent. The program
                                               information of individuals.                                                                                    Federal Register, unless comments are
                                                                                                       administrator may not suspend,
                                                                                                                                                              received, which would result in a
                                               III. Program Description                                terminate, reduce, or make a final denial
                                                                                                       of any housing assistance to any tenant                contrary determination. The computer
                                                  In this computer matching program,                                                                          matching program will be conducted
                                               tenant-provided information included                    as the result of information produced by
                                                                                                       this matching program until: (a) The                   according to agreement between HUD
                                               in HUD’s automated systems of records                                                                          and HHS. The computer matching
                                               known as Tenant Rental Assistance                       tenant has received notice from the
                                                                                                       program administrator of its findings,                 agreement for the planned match will
                                               Certification System (TRACS) (HUD/H–
                                                                                                       and tenants are informed of the                        terminate either when the purpose of
                                               11), Inventory Management System
                                               (HUD/PIH–4, formerly the Public and                     opportunity to contest such findings                   the computer matching program is
                                               Indian Housing Information Center (PIC)                 and (b) either the expiration of any                   accomplished, or 18 months from the
                                               (HUD/PIH–4), and Enterprise Income                      notice period provided in applicable                   effective date. The agreement may be
                                               Verification (EIV) System (HUD/PIH–5)                   HUD requirements of the program or the                 renewed for one 12-month period, with
                                               will be compared to data from the                       30-day period beginning on the date on                 the mutual agreement of all involved
                                               NDNH database. The notices for these                    which notice of adverse findings was                   parties, if the following conditions are
                                               systems were published at 65 FR 52777,                  mailed or otherwise provided to the                    met:
                                               67 FR 20986, and 70 FR 41780, which                     tenant. In all cases, program                             (1) Within three months of the
                                               was subsequently amended and                            administrators will resolve income                     expiration date, all Data Integrity Boards
                                               published at 72 FR 17589, respectively.                 discrepancies in consultation with                     (DIBs) review the agreement, find that
                                               The notice for the EIV system was                       tenants. Additionally, serious
                                                                                                                                                              the program will be conducted without
                                               subsequently updated and published in                   violations, which program
                                                                                                                                                              change, and find a continued favorable
                                               the Federal Register on September 1,                    administrators, HUD program staff, or
                                                                                                       HUD OIG verify, should be referred for                 examination of benefit/cost results; and
                                               2009, at 74 FR 45235. HUD will disclose
                                                                                                       full investigation and appropriate civil               (2) All parties certify that the program
                                               to HHS only tenant personal identifiers,
                                               i.e., full name, Social Security Number,                and/or criminal proceedings.                           has been conducted in compliance with
                                               and date of birth. HHS will match the                                                                          the agreement.
                                                                                                       IV. Records To Be Matched
                                               HUD-provided personal identifiers to                                                                              The agreement may be terminated,
                                               personal identifiers included in the                       HHS will conduct the matching of                    prior to accomplishment of the
                                               National Directory of New Hires                         tenant SSNs, full names, and dates of                  computer matching purpose or 18
                                               (NDNH) contained within their systems                   births (DOBs) to tenant data HUD                       months from the date the agreement is
                                               of records known as ‘‘Location and                      supplies from its Tenant Rental                        signed (whichever comes first), by the
                                               Collection System of Records,’’ No. 09–                 Assistance Certification System                        mutual agreement of all involved parties
                                               90–0074. HHS will provide income data                   (TRACS) (HUD/H–11) and Public and                      within 30 days of written notice.
                                               to HUD only for individuals with                        Indian Housing Information Center (PIC)
                                                                                                       system (HUD/PIH–4). Program                              Authority: 5 U.S.C. 552a; 88 Stat. 1896; 42
                                               matching personal identifiers.
                                                                                                       administrators utilize the form HUD–                   U.S.C. 3535(d).
                                               A. Income Verification                                  50058 module within the PIC system                       Dated: December 16, 2010.
                                                 Any disparity between tenant-                         and the form HUD–50059 module                          Jerry E. Williams,
                                               reported income and/or sources and the                  within the TRACS to provide HUD with
                                                                                                                                                              Chief Information Officer.
                                               income and sources derived from the                     the tenant data.
                                                                                                                                                              [FR Doc. 2010–33298 Filed 1–4–11; 8:45 am]
                                               match (i.e., a ‘‘hit’’) will be further                    HHS will match the tenant records
                                               reviewed by HUD, the program                            included in HUD/H–11 and HUD/PIH–                      BILLING CODE 4210–67–P

                                               administrator, or the HUD Office of                     4 to NDNH records contained in HHS’
                                               Inspector General (OIG) to determine                    ‘‘Location and Collection System of
                                               whether the income reported by tenants                  Records,’’ No. 09–90–0074. HUD will
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                                               to the program administrator is correct                 place the resulting matched data into its
                                               and complies with HUD and program                       Enterprise Income Verification (EIV)
                                               administrator requirements.                             system (HUD/PIH–5). The notice for this
                                               Specifically, current or prior wage                     system was published at 72 FR 17589,
                                               information and other data will be                      and subsequently updated and
                                               sought directly from employers and/or                   published in the Federal Register on
                                               tenants.                                                September 1, 2009, at 74 FR 45235.

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