Pub. L. 108-199, div. G, tit. II, sec. 217

Sec. 217. (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).118 STAT. 395“(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;118 STAT. 396“(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);118 STAT. 397(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)).