> **P.L. 108-199, Part E, Departments of Labor, Health and Human
> Services, and Education, and Related Agencies Appropriations Act,
> 2004**
>
> 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).
>
> \`(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)).