Page:United States Statutes at Large Volume 118.djvu/426

 118 STAT. 396 PUBLIC LAW 108–199—JAN. 23, 2004 ‘‘(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 consulta tion with and approved by the Secretary), of the costs and benefits of disclosures made under clause (ii) and the adequacy of measures used to safe guard the security and confidentiality of informa tion 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 para graph 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 administra tion of a program described in subparagraph (A), subject to the conditions in clause (iii) and such additional conditions as agreed to by the Secre taries. ‘‘(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 addi tional 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 informa tion 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 CONDI TION 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);

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