Pub. L. 103-66, tit. III, sec. 3003
USE OF RETURN DATA FOR INCOME VERIFICATION UNDER CERTAIN HOUSING ASSISTANCE PROGRAMS.
SEC. 3003. USE OF RETURN DATA FOR INCOME VERIFICATION UNDER CERTAIN HOUSING ASSISTANCE PROGRAMS. Section 904 of the Stewart B. McKinney Homeless Assistance Amendments Act of 1988 (42 U.S.C. 3544) is amended as follows: (1) Definition.— In subsection (a), by adding at the end the following: “(4) Program of the department of housing and urban development.— The term ‘program of the Department of Housing and Urban Development’ includes Indian housing programs assisted under title II of the United States Housing Act of 1937”. (2) Consent forms.— In subsection (b)— (A) in paragraph (1), by striking “and” at the end; (B) in paragraph (2), by striking the period at the end and inserting “; and”; (C) by inserting after paragraph (2) the following new paragraph: “(3) sign a consent form approved by the Secretary authorizing the Secretary to request the Commissioner of Social Security and the Secretary of the Treasury to release information pursuant to section 6103(l)(7)(D)(ix) of the Internal Revenue Code of 1986 with respect to such applicant or participant for the sole purpose of the Secretary verifying income information pertinent to the applicant’s or participant’s eligibility or level of benefits.”; and (D) in the last sentence, by striking “This” and inserting the following: “Except as provided in this subsection, this”. (3) Applicant, participant, and public housing agency protections.— In subsection (c)(2)— (A) in subparagraph (A)— (i) in the matter preceding clause (i)— (I) by inserting after “compensation law” the following: “or pursuant to section 6103(l)(7)(D)(ix) of the Internal Revenue Code of 1986 from the Commissioner of Social Security or the Secretary of the Treasury”; and (II) by inserting “(in the case of information obtained pursuant to such section 303(i))” before “representatives”; and (ii) in clause (ii), by inserting “or public housing agency” after “owner” each place it appears; and (B) in subparagraph (B), by inserting after “wages” each place it appears the following: “, other earnings or income,”. (4) Penalty.— In subsection (c)(3)— (A) in subparagraph (A), by inserting “or section 6103(l)(7)(D)(ix) of the Internal Revenue Code of 1986 with-107 STAT. 339out consent pursuant to subsection (b) of this section or” after “Social Security Act”; and (B) in the first sentence of subparagraph (B)— (i) by striking clause (i) and inserting the following: “(i) a negligent or knowing disclosure of information referred to in this section, section 303(i) of the Social Security Act, or section 6103(l)(7)(D)(ix) of the Internal Revenue Code of 1986 about such person by an officer or employee of any public housing agency or owner (or employee thereof), which disclosure is not authorized by this section, such section 303(i), such section 6103(l)(7)(D)(ix), or any regulation implementing this section, such section 303(i), or such section 6103(l)(7)(D)(ix), or for which consent, pursuant to subsection (b) of this section, has not been granted, or”; and (ii) in clause (ii), by inserting “such section 6103(l)(7)(D)(ix),” after “303(i),”. (5) Conforming amendment.— The heading of subsection (c) of section 904 of the Stewart B. McKinney Homeless Assistance Amendments Act of 1988 is amended by striking “State Employment”.