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108th CONGRESS
1st Session
H. R. 1030
To reduce overpayments of subsidies in Department of Housing and Urban
Development housing assistance programs by providing for more accurate
verification of employment and income of participants in such programs.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
February 27, 2003
Mr. Sessions introduced the following bill; which was referred to the
Committee on Financial Services, and in addition to the Committee on
Ways and Means, for a period to be subsequently determined by the
Speaker, in each case for consideration of such provisions as fall
within the jurisdiction of the committee concerned
_______________________________________________________________________
A BILL
To reduce overpayments of subsidies in Department of Housing and Urban
Development housing assistance programs by providing for more accurate
verification of employment and income of participants in such programs.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``HUD Programs Information
Verification Act''.
SEC. 2. HUD DATA MATCH WITH NATIONAL DIRECTORY OF NEW HIRES.
(a) Information Comparisons for Public and Assisted Housing
Programs.--Section 453(j) of the Social Security Act (42 U.S.C. 653(j))
is amended by adding at the end the following new paragraph:
``(7) Information comparisons for housing assistance
programs.--
``(A) Furnishing of information by hud.--Subject to
subparagraph (G), the Secretary of Housing and Urban
Development shall furnish to the Secretary, on such
periodic basis as determined by the Secretary of
Housing and Urban Development in consultation with the
Secretary, information in the custody of the Secretary
of Housing and Urban Development for comparison with
information in the National Directory of New Hires, in
order to obtain information in such Directory with
respect to individuals who are participating in any
program under--
``(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.
1715l(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).
``(B) Requirement to seek minimum information.--The
Secretary of Housing and Urban Development shall seek
information pursuant to this section only to the extent
necessary to verify the employment and income of
individuals described in subparagraph (A).
``(C) Duties of the secretary.--
``(i) Information disclosure.--The
Secretary, in cooperation with the Secretary of
Housing and Urban Development, shall compare
information in the National Directory of New
Hires with information provided by the
Secretary of Housing and Urban Development with
respect to individuals described in
subparagraph (A), and shall disclose
information in such Directory regarding such
individuals to the Secretary of Housing and
Urban Development, in accordance with this
paragraph, for the purposes specified in this
paragraph.
``(ii) Condition on disclosure.--The
Secretary shall make disclosures in accordance
with clause (i) only to the extent that the
Secretary determines that such disclosures do
not interfere with the effective operation of
the program under this part.
``(D) Use of information by hud.--The Secretary of
Housing and Urban Development may use information
resulting from a data match pursuant to this paragraph
only--
``(i) for the purpose of verifying the
employment and income of individuals described
in subparagraph (A); and
``(ii) after removal of personal
identifiers, to conduct analyses of the
employment and income reporting of individuals
described in subparagraph (A).
``(E) Disclosure of information by hud.--
``(i) Purpose of disclosure.--The Secretary
of Housing and Urban Development may make a
disclosure under this subparagraph only for the
purpose of verifying the employment and income
of individuals described in subparagraph (A).
``(ii) Disclosures permitted.--Subject to
clause (iii), the Secretary of Housing and
Urban Development may disclose information
resulting from a data match pursuant to this
paragraph only to a public housing agency, the
Inspector General of the Department of Housing
and Urban Development, and the Attorney General
in connection with the administration of a
program described in subparagraph (A).
Information obtained by the Secretary of
Housing and Urban Development pursuant to this
paragraph shall not be made available under
section 552 of title 5, United States Code.
``(iii) Conditions on disclosure.--
Disclosures under this paragraph shall be--
``(I) made in accordance with data
security and control policies
established by the Secretary of Housing
and Urban Development and approved by
the Secretary;
``(II) subject to audit in a manner
satisfactory to the Secretary; and
``(III) subject to the sanctions
under subsection (l)(2).
``(iv) Additional disclosures.--
``(I) Determination by
secretaries.--The Secretary of Housing
and Urban Development and the Secretary
shall determine whether to permit
disclosure of information under this
paragraph to persons or entities
described in subclause (II), based on
an evaluation made by the Secretary of
Housing and Urban Development (in
consultation with and approved by the
Secretary), of the costs and benefits
of disclosures made under clause (ii)
and the adequacy of measures used to
safeguard the security and
confidentiality of information so
disclosed.
``(II) Permitted persons or
entities.--If the Secretary of Housing
and Urban Development and the Secretary
determine pursuant to subclause (I)
that disclosures to additional persons
or entities shall be permitted,
information under this paragraph may be
disclosed by the Secretary of Housing
and Urban Development to a private
owner, a management agent, and a
contract administrator in connection
with the administration of a program
described in subparagraph (A), subject
to the conditions in clause (iii) and
such additional conditions as agreed to
by the Secretaries.
``(v) Restrictions on redisclosure.--A
person or entity to which information is
disclosed under this subparagraph may use or
disclose such information only as needed for
verifying the employment and income of
individuals described in subparagraph (A),
subject to the conditions in clause (iii) and
such additional conditions as agreed to by the
Secretaries.
``(F) Reimbursement of hhs costs.--The Secretary of
Housing and Urban Development shall reimburse the
Secretary, in accordance with subsection (k)(3), for
the costs incurred by the Secretary in furnishing the
information requested under this paragraph.
``(G) Consent.--The Secretary of Housing and Urban
Development shall not seek, use, or disclose
information under this paragraph relating to an
individual without the prior written consent of such
individual (or of a person legally authorized to
consent on behalf of such individual).''.
(b) Consent to Information Comparison and Use as Condition of Hud
Program Eligibility.--As a condition of participating in any program
authorized under--
(1) the United States Housing Act of 1937 (42 U.S.C. 1437
et seq.);
(2) section 202 of the Housing Act of 1959 (12 U.S.C.
1701q);
(3) section 221(d)(3), 221(d)(5), or 236 of the National
Housing Act (12 U.S.C. 1715l(d) and 1715z-1);
(4) section 811 of the Cranston-Gonzalez National
Affordable Housing Act (42 U.S.C. 8013); or
(5) section 101 of the Housing and Urban Development Act of
1965 (12 U.S.C. 1701s),
the Secretary of Housing and Urban Development may require consent by
an individual (or by a person legally authorized to consent on behalf
of such individual) for such Secretary to obtain, use, and disclose
information with respect to such individual in accordance with section
453(j)(7) of the Social Security Act (42 U.S.C. 653(j)(7)).
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