81 FR 94402 - Privacy Act of 1974; Notice of a Computer Matching Program Between the Department of Housing and Urban Development (HUD) and the Department of Treasury

DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT

Federal Register Volume 81, Issue 247 (December 23, 2016)

HUD is issuing a public notice of its intent to conduct a recurring computer matching program with the U.S. Department of the Treasury (Treasury), Bureau of the Fiscal Service (Fiscal Service), Do Not Pay Business Center (DNP), for the purpose of providing information that will be used by HUD to detect suspected instances of programmatic fraud, waste, and abuse (FW&A).

[Federal Register Volume 81, Number 247 (Friday, December 23, 2016)]
[Notices]
[Pages 94402-94404]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2016-30914]


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DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT

[Docket No. FR-5921-N-18]


Privacy Act of 1974; Notice of a Computer Matching Program 
Between the Department of Housing and Urban Development (HUD) and the 
Department of Treasury

AGENCY: Office of Administration, HUD.

ACTION: Notice of a computer matching program between HUD and the 
Department of the Treasury.

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SUMMARY: HUD is issuing a public notice of its intent to conduct a 
recurring computer matching program with the U.S. Department of the 
Treasury (Treasury), Bureau of the Fiscal Service (Fiscal Service), Do 
Not Pay Business Center (DNP), for the purpose of providing information 
that will be used by HUD to detect suspected instances of programmatic 
fraud, waste, and abuse (FW&A).

DATES: Effective Date: The effective date of the matching program shall 
begin January 23, 2017, or at least 40 days from the date that copies 
of the Computer Matching Agreement, signed by both HUD and Treasury 
Data Integrity Boards (DIBs), are sent to OMB and Congress, whichever 
is later, provided that no comments that would result in a contrary 
determination are received.
    Comments Due Date: January 23, 2017.

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 10110, Washington, DC 20410. Communications should refer to the 
above docket number and title. 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 the ``Recipient Agency'' Helen Goff 
Foster, Departmental Privacy Officer, Department of Housing and Urban 
Development, 451 Seventh Street SW., Room 10139, Washington, DC 20410, 
telephone number (202) 402-6836 or the ``Source Agency'' Disclosure 
Officer, Bureau of the Fiscal Service, 401 14th Street SW., Washington, 
DC 20227. Email Address: [email protected]. A 
telecommunication device for hearing-and speech-impaired individuals 
(TTY) is available at (800) 877-8339 (Federal Relay Service).

SUPPLEMENTARY INFORMATION: (short synopsis of purpose).
    CPD stated that the purpose of the match against the SAM-restricted 
databases is for use by the agency to determine a party's eligibility 
status to participate in Federal procurement and non-procurement 
programs and for use where the information is needed to decide on a 
Federal financial or non-financial assistance program or benefit. CPD 
also stated that the purpose of the match against the SAM-restricted 
and Debt Check databases database is to

[[Page 94403]]

verify the eligibility of an individual under a Federal benefit 
program.
    PID stated that the purpose of the match against the SAM-restricted 
databases is for use by the agency to determine a party's eligibility 
status to participate in Federal procurement and non-procurement 
programs and for use where the information is needed to decide on a 
Federal financial or non-financial assistance program or benefit. PID 
also stated that the purpose of the match against the SAM-restricted 
and Debt Check databases database is to verify the eligibility of an 
individual under a Federal benefit program.
    MHF stated the purpose of the match against SAM Exclusion-
restricted is for use by the agency to determine a party's eligibility 
status to participate in Federal procurement and non-procurement 
programs; for use where the information is needed to decide on a 
Federal financial or non-financial assistance program or benefit; and 
for use in connection with letting a contract, or issuing a license, 
grant, or other benefit by the requesting agency where the information 
is needed to decide on a Federal financial or non-financial assistance 
program or benefit. MFH also stated that the purpose of the match 
against SAM-Exclusion restricted is to verify the eligibility of an 
individual under a Federal benefit program.

Reporting of Matching Program

    In accordance with the Privacy Act of 1974 (5 U.S.C. 552a), as 
amended by Public Law 100-503, the Computer Matching and Privacy 
Protection Act of 1988 as amended, and OMB Bulletin 89-22, 
``Instructions on Reporting Computer Matching Programs to the Office of 
Management and Budget (OMB), Congress and the Public,'' copies of this 
notice and report are being provided to the U.S. House Committee on 
Oversight Government Reform, the U.S. Senate Homeland Security and 
Governmental Affairs Committee, and OMB.

Authority

    HUD has authority to collect and review mortgage data pursuant to 
the National Housing Act, as amended, 12 U.S.C. 1701 et seq., and 
related laws. This computer matching will be conducted pursuant to 
Public Law 100-503, ``The Computer Matching and Privacy Protection Act 
of 1988,'' as amended, and OMB Circulars A-129 (Managing Federal Credit 
Programs). One of the purposes of all Executive departments and 
agencies is to implement efficient management practices for Federal 
Credit Programs. OMB Circular A-129 was issued under the authority of 
the Budget and Accounting Act of 1921, as amended; the Budget and 
Accounting Act of 1950, as amended; the Debt Collection Act of 1982, as 
amended by the Debt Collection Improvement Act of 1996; Section 2653 of 
Public Law 98-369; the Federal Credit Reform Act of 1990, as amended; 
the Federal Debt Collection Procedures Act of 1990, the Chief Financial 
Officers Act of 1990, as amended; Executive Order 8248; the Cash 
Management Improvement Act Amendments of 1992; and pre-existing common 
law authority to charge interest on debts and to offset payments to 
collect debts administratively.
    Other authorities:
    1. Improper Payments Elimination and Recovery Improvement Act of 
2012 (IPERIA), 31 U.S.C. 3321 note, Public Law 112-248.
    2. OMB Memorandum M-13-20, Protecting Privacy while Reducing 
Improper Payments with the Do Not Pay Initiative (August 16, 2013).
    3. Presidential Memorandum on Enhancing Payment Accuracy through a 
``Do Not Pay List'' (June 18, 2010).
    4. Executive Order 13520, Reducing Improper Payments and 
Eliminating Waste in Federal Programs (November 20, 2009).
    5. Improper Payment Elimination and Recovery Act of 2010, Public 
Law 111-204.
    6. Improper Payments Information Act of 2002, 31 U.S.C. 3321 note, 
Public Law 107-300.
    7. Federal Improper Coordination Act of 2015, Public Law 114-109.

Objectives To Be Met by the Matching Program

    The objective of this matching program is that this data transfer 
will produce expedited eligibility determinations and will minimize 
administrative burdens for HUD. The benefit of this data match with 
respect to the HUD fraud and abuse program is the increased assurance 
that HUD achieves efficiencies and administrative cost savings to HUD 
payment, procurement, and benefit programs. This collaborative model, 
which offers service-based access to authoritative data, will lessen 
financial and administrative burdens by eliminating the need for 
individual HUD payment, procurement, and benefit programs to execute 
several CMAs with multiple Federal agencies. Description of the Match 
(process procedures for the layperson, which systems will be used, what 
happens if there's a match, what happens if there's no match) This 
agreement will match records from HUD's Office of Community Planning 
and Development (CPD) & Office of Public and Indian Housing (PIH) 
against SAM Entity Registry, SAM Exclusions and TOP Debt Check, and for 
HUD's Office of Housing, Multifamily Housing (MFH) to match against SAM 
Exclusions. A description of the data sources maintained by Treasury 
with their functions follow:
    1. SAM Entity Registry Records--Verify that a vendor seeking to do 
business with the Federal Government has registered in accordance with 
the Federal Acquisition Regulation (FAR) by providing basic information 
relevant to procurement and financial transactions.
    2. SAM Exclusion Records--Verify whether payments are to debarred 
individuals.
    3. TOP Debt Check--Verify whether payee owes delinquent non-tax 
debts to Federal Government (and participating States).
    Any matches between HUD records and SAM Entity Registry would 
indicate a vendor is registered to work with the government. Any 
matches between HUD records and SAM Exclusion Records and/TOP Debt 
Check would require further investigation by HUD before any action is 
taken pertaining to a beneficiary.

Records To Be Matched

    HUD will use records from the PIH-01 Inventory Management System 
(IMS), HUD/EC-02, Departmental Tracking System, and HUD/H-11, Tenant 
Housing Assistance and Contract Verification Data. HUD's system of 
records notice repository may be found at: http://portal.hud.gov/hudportal/HUD?src=/program_offices/officeofadministration/privacy_act/pia/fednotice/SORNs_LoB.
    Treasury will use records from the Department of the Treasury/
Bureau of the Fiscal Service .023--Do Not Pay Payment Verification 
Records. Treasury's SORN repository for DNP may be found at: http://www.donotpay.treas.gov/Privacy.htm.

Notice Procedures

    The Privacy Act requires Agreements to specify procedures for 
notifying applicants/recipients at time of registration and other 
periodic notice as directed by the Data Integrity Board of such agency 
to applicants for and recipients of financial assistance or payments 
under Federal benefit programs.
    HUD and Treasury have both published system of records notices 
informing applicants/recipients that their information may be subject 
to

[[Page 94404]]

verification through matching programs per 5 U.S.C. 552a(o)(1)(D). As 
further required by the Privacy Act, HUD shall make a copy of the 
Computer Matching Agreement available to the public upon request. 
Treasury will make a copy of the effective CMA available on DNP's Web 
site in accordance with OMB M-13-20 Protecting Privacy while Reducing 
Improper Payments with the Do Not Pay Initiative.
    There are no additional notice procedures.

Categories of Records/Individuals Involved

    Data elements disclosed in computer matching governed by this 
Agreement are Personally Identifiable Information (PII) from the 
aforementioned system of records. The data elements supplied by HUD to 
Treasury (system) follow, but are not limited to

CPD
     Name
     Taxpayer Identification Number (TIN)
     Address
     DUNs
     Registration code
PIH
     Name
     TIN
     Address
     DUNs
     SAM number
     Delinquent agency
Multifamily Housing
     Name
     TIN
     Address
     SAM number
     Exclusion Type
     Exclusion Program
     Exclusion Agency

Period of the Match

    Matching will begin at least 40 days from the date that copies of 
the Computer Matching Agreement, signed by HUD and Treasury DIBs, are 
sent to both Houses of Congress and OMB; or at least 30 days from the 
date this notice is published in the Federal Register, whichever is 
later, provided that no comments that would result in a contrary 
determination are received. The matching program will be in effect and 
continue for 18 months with an option to renew for 12 additional months 
unless one of the Parties to the Agreement advises the other in writing 
to terminate or modify the Agreement.

    Dated: December 14, 2016.
Helen Goff Foster,
Chief Privacy Officer/Senior Agency Official for Privacy.
[FR Doc. 2016-30914 Filed 12-22-16; 8:45 am]
 BILLING CODE 4210-67-P