Privacy Act of 1974; Notice of a Computer Matching Program Between the Department of Housing and Urban Development (HUD) and the Department of Homeland Security, Federal Emergency Management Agency (DHS/FEMA), 63195-63198 [2016-22006]
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Date: October 13–14, 2016.
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Scientific Review, National Institutes of
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(Catalogue of Federal Domestic Assistance
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Dated: September 8, 2016.
Carolyn Baum,
Program Analyst, Office of Federal Advisory
Committee Policy.
[FR Doc. 2016–22018 Filed 9–13–16; 8:45 am]
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Dated: September 7, 2016.
David Clary,
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Committee Policy.
[FR Doc. 2016–22036 Filed 9–13–16; 8:45 am]
BILLING CODE 4140–01–P
DEPARTMENT OF HOUSING AND
URBAN DEVELOPMENT
[Docket No. FR–5921–N–15]
Privacy Act of 1974; Notice of a
Computer Matching Program Between
the Department of Housing and Urban
Development (HUD) and the
Department of Homeland Security,
Federal Emergency Management
Agency (DHS/FEMA)
Office of Administration, HUD.
Notice of a Computer Matching
Program Between HUD and DHS/FEMA.
AGENCY:
BILLING CODE 4140–01–P
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Federal Register / Vol. 81, No. 178 / Wednesday, September 14, 2016 / Notices
In accordance with the
Privacy Act of 1974, as amended by the
Computer Matching and Privacy
Protection Act of 1988, and the Office of
Management and Budget (OMB)
Guidelines on the Conduct of Matching
Programs (54 FR 25818 (June 19, 1989);
and OMB Bulletin 89–22, ‘‘Instructions
on Reporting Computer Matching
Programs to the Office of Management
and Budget (OMB), Congress and the
Public,’’ HUD is issuing a public notice
of its intent to conduct a recurring
computer matching program with DHS/
FEMA.
The purpose of this CMA is to ensure
that eligible housing assistance
applicants do not receive a duplication
of housing benefits from both DHS/
FEMA and HUD, as required by section
312 of the Robert T. Stafford Disaster
Relief and Emergency Assistance Act, as
amended, and as may be required by
statutes making available supplemental
appropriations for activities eligible
under Title I of the Housing and
Community Development Act of 1974,
as amended (CDBG–DR Appropriations
Acts), and by the notices published in
the Federal Register that govern these
CDBG–DR Appropriations Acts,
including the Clarification of
Duplication of Benefits Requirements
Under the Stafford Act for Community
Development Block Grant (CDBG)
Disaster Recovery Grantees at 76 FR
71060 (Nov. 16, 2011).
DATES: Effective Date: The effective date
of the matching program shall begin
October 14, 2016, or at least 40 days
from the date that copies of the
Computer Matching Agreement, signed
by both HUD and DHS/FEMA Data
Integrity Boards (DIBs), are sent to OMB
and Congress, whichever is later,
provided that no comments that would
result in a contrary determination are
received.
Comments Due Date: October 14,
2016.
ADDRESSES: Interested persons are
invited to submit comments regarding
this notice to the Rules Docket Clerk,
Office of General Counsel, Department
of Housing and Urban Development,
451 Seventh Street, Room 10110, SW.,
Washington, DC 20410.
Communications should refer to the
above docket number and title. A copy
of each communication submitted will
be available for public inspection and
copying between 8:00 a.m. and 5:00
p.m. weekdays at the above address.
FOR FURTHER INFORMATION CONTACT:
Contact the ‘‘Recipient/Source Agency’’
Helen Goff Foster, Departmental Privacy
Officer, Department of Housing and
Urban Development, 451 Seventh Street
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SW., Room 10139, Washington, DC
20410, telephone number (202) 402–
6147 or the ‘‘Recipient/Source Agency’’
Tammi Hines, Acting Privacy Director,
DHS/FEMA, 500 C Street SW.,
Washington, DC 20479, telephone
number (202) 212–5100. [These are not
a toll-free numbers.] A
telecommunication device for hearingand speech-impaired individuals (TTY)
is available at (800) 877–8339 (Federal
Relay Service).
SUPPLEMENTARY INFORMATION: The
Computer Matching program seeks to
ensure that applicants for HUD Housing
Assistance and DHS/FEMA Individuals
and Households Program, which
provides Other Needs Assistance (ONA)
and Housing Assistance (HA), do not
receive a duplication of housing
benefits. This will be accomplished by
matching specific DHS/FEMA disaster
applicant data with HUD Inventory
Management System/PIH Information
Center (IMS/PIC) tenant data, Enterprise
Income Verification (EIV) tenant data
and Tenant Rental Assistance
Certification System (TRACS) data that
HUD is authorized to collect for its
rental housing assistance programs.
DHS/FEMA will provide a database
with Disaster Recovery Assistance
(DRA) records, which only include the
necessary data elements needed for the
matching. HUD will provide Household
Member data from the EIV, IMS/PIC,
and TRACS databases. DHS/FEMA and
HUD will exchange data, defined in the
Interface Control Document, using
secured web services and with all
matching conducted internally.
Reporting of Matching Program
In accordance with Public Law 100–
503, the Computer Matching and
Privacy Protection Act of 1988 as
amended, and OMB Bulletin 89–22,
‘‘Instructions on Reporting Computer
Matching Programs to the Office of
Management and Budget (OMB),
Congress and the Public,’’ copies of this
notice and report are being provided to
the U.S. House Committee on Oversight
and Government Reform, the U.S.
Senate Homeland Security and
Governmental Affairs Committee, and
OMB.
Authority
Purpose. This computer matching
agreement, hereinafter referred to as
‘‘agreement’’ governs a matching
program between the Department of
Homeland Security/Federal Emergency
Management Agency and the
Department of Housing and Urban
Development. The purpose of the
matching program is to:
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(1) Establish or verify initial or
continuing eligibility for DHS/FEMA
disaster assistance programs;
(2) Verify compliance with the
statutory or regulatory program
requirements; and
(3) Recoup payments or delinquent
debts under a herein identified program.
Specifically, DHS/FEMA and HUD seek
to ensure that individuals do not receive
duplicate or erroneous disaster
assistance for the same disaster or
emergency and/or housing benefits from
either agency.
Legal Authority. This agreement is
executed in compliance with the
Privacy Act of 1974 (5 U.S.C. 552a, as
amended) and the statutes, regulations,
notices and guidance promulgated
thereunder.
A. The Robert T. Stafford Disaster and
Emergency Assistance Act (Pub. L. 93–
288), as amended at 42 U.S.C. 5121 et
seq., requires each federal agency that
administers any program that provides
financial assistance as a result of a major
disaster or emergency, to assure that no
individual or entity receives duplicate
financial assistance under any program
or insurance, or any other source.
Furthermore, the Act requires DHS/
FEMA or HUD (whichever agency
provided the duplicate assistance) to
recover all amounts from the recipient
of the financial assistance (42 U.S.C.
5155).
B. Pursuant to the Robert T. Stafford
Disaster Relief and Emergency
Assistance Act (42 U.S.C. 5174(i), as
amended), DHS/FEMA is directed and
authorized to ‘‘develop a system,
including an electronic database’’, to:
1. Verify the identity and address of
recipients of assistance to provide
reasonable assurance that payments are
made only to an individual or
household that is eligible for such
assistance;
2. Minimize the risk of making
duplicative payments or payments for
fraudulent claims;
3. Collect any duplicate payment on
a claim, or reduce the amount of
subsequent payments to offset the
amount of any such duplicate payment;
4. Provide instructions to recipients of
assistance regarding the proper use of
any such assistance, regardless of how
such assistance is distributed; and
5. Conduct an expedited and
simplified review and appeal process
for an individual or household whose
application for assistance is denied
C. DHS/FEMA is authorized to
provide States (impacted by disasters),
in which the individuals and
households are located, with access to
the electronic records of individuals and
households receiving assistance in order
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for the States to make available any
additional State and local assistance to
the individuals and households (42
U.S.C. 5174(f)(2).
D. Pursuant to the Debt Collection
Improvement Act of 1996 (31 U.S.C.
3325(d) and 31 U.S.C. 7701(c)(1)),
federal agencies are required to collect
the taxpayer identification number of
each person who receives payments
from the federal government; and each
person doing business with the federal
government is required to furnish his or
her taxpayer’s identification number.
1. For the purposes of 31 U.S.C. 7701,
a person is considered to be doing with
business with the federal government if
the person is
i. A lender or services in a federal
guaranteed or insured loan program
administered by a federal agency;
ii. An applicant for, or recipient of, a
federal license permit, right-of-way,
grant or benefit payment administered
by a federal agency;
iii. A contractor of a federal agency;
iv. Assessed a fine, fee, royalty or
penalty by a federal agency;
v. In a relationship with a federal
agency that may give rise to a receivable
due to that agency, such as a partner of
a borrower in or a guarantor of a federal
direct or insured loan administered by
the federal agency.
Each federal agency must inform each
person required to disclose his or her
taxpayer identification number the
agency’s intent to use such number for
purposes of collecting and reporting on
any delinquent amounts arising out of
such person’s relationship with the
federal government.
E. Fraud, waste, and abuse prevention
efforts pursuant to the aforementioned
statutory authorities are also applicable
to pilot programs designed to provide
alternative or additional federal disaster
assistance programs (6 U.S.C. 776–777).
F. Pursuant to section 239 of Public
Law 111–8, Omnibus Appropriations
Act, 2009 (123 Stat. 981, March 11,
2009), the Disaster Housing Assistance
Programs administered by HUD are
considered a HUD program under
section 904 of the McKinney Act for the
purpose of income verification and
matching.
G. HUD’s Routine Use Inventory
notice published in the Federal Register
on December 31, 2015 (80 FR 81837)
provides individuals with notice of
HUD’s intended use of information
contained within the following system
of records:
1. Inventory Management Systems
(IMS), also known as the Public and
Indian Housing Information Center
(PIC), HUD/PIH.01 (77 FR 22337, April
13, 2012).
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2. Enterprise Income Verification
(EIV), HUD/PIH–5 (74 FR 45235,
September 1, 2009).
3. Tenant Housing Assistance and
Contract Verification Data, also known
as the Tenant Rental Assistance
Certification System (TRACS), HUD/H–
11 (62 FR 11909, March 13, 1997).
Specifically, pursuant to routine use 6
(within HUD’s Routine Use Inventory
notice (80 FR 81837)), HUD may
disclose records contained in the
aforementioned systems of records for
the purpose of preventing fraud, waste
and abuse within any federal program.
HUD may disclose records to federal
agencies, non-federal entities, their
employees, and agents (including
contractors, their agents or employees;
employees or contractors of the agents
or designated agents); or contractors,
their employees or agents with whom
HUD has a contract, service agreement
for the purpose of:
(1) Detection, prevention, and
recovery of improper payments;
(2) Detection and prevention of fraud,
waste, and abuse in major federal
programs administered by a federal
agency or non-federal entity;
(3) Detection of fraud, waste, and
abuse by individuals in their operations
and programs, but only to the extent
that the information shared is necessary
and relevant to verify pre-award and
prepayment requirements prior to the
release of federal funds, prevent and
recover improper payments for services
rendered under programs of HUD or of
those federal agencies and non-federal
entities to which HUD provides
information under this routine use.
H. HUD regulations (24 CFR
982.352(c) prohibits a family from
receiving the benefit of tenant-based
assistance while receiving the benefit of
any of the following forms of other
housing subsidy, for the same unit or for
a different unit:
1. Public or Indian housing assistance;
2. Other Section 8 assistance
(including other tenant-based
assistance);
3. Assistance under former Section 23
of the United States Housing Act of
1937 (before amendment by the Housing
and Community Development Act of
1974);
4. Section 101 rent supplements;
5. Section 236 rental assistance
payments;
6. Tenant-based assistance under the
HOME program;
7. Rental assistance payments under
Section 521 of the Housing Act of 1949
(a program of the Rural Development
Administration);
8. Any local or state rent subsidy;
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63197
9. Section 202 supportive housing for
the elderly;
10. Section 811 supportive housing
for persons with disabilities;
11. Section 202 projects for nonelderly persons with disabilities
(Section 162 assistance); or
12. Any other duplicative federal,
state, or local housing subsidy, as
determined by HUD. For this purpose,
‘‘housing subsidy’’ does not include the
housing component of a welfare
payment, a social security payment
received by the family, or a rent
reduction because of a tax credit.
I. The following programs are covered
under this computer matching
agreement:
1. DHS/FEMA housing assistance
provided through its Individuals and
Households Program (IHP) as defined in
Section III.
2. HUD rental assistance programs
identified at 24 CFR 5.233 and the
Disaster Housing Assistance Program.
Objectives To Be Met by the Matching
Program
The objective of this CMA is to ensure
that eligible housing assistance
applicants do not receive a duplication
of housing benefits from DHS/FEMA
and HUD.
Description of the Match
An active survivor completes a FEMA
assistance registration after a disaster.
The NEMIS database stores data
provided by the disaster victim on a
FEMA 90–69 online form. FEMA
processes the registration. During the
FEMA processing period, the
registration status will change status to
‘VR’ (Valid Registration) in NEMIS. This
means that the registration has been
processed through the data
completeness and identity verification.
The FEMA registration data is sent to
HUD for initial verification via a secure
web service. HUD will match the IA/IHP
data elements to its EIV, IMS/PIC, and
TRACS data. There are two scenarios for
the HUD match process. The scenarios
are:
1. Positive HUD match—HUD finds a
match in their respective system for the
DHS/FEMA data provided:
a. If a record submitted by DHS/
FEMA to HUD results in a match by
HUD, DHS/FEMA becomes a recipient
of HUD Housing Assistance
information;
b. DHS/FEMA will use the
information it receives from HUD to
independently evaluate and determine
its applicants’ eligibility for its housing
programs under 42 U.S.C. 5174(c)(1);
c. DHS/FEMA will compare the HUD
data with the FEMA registration data
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using the survivor’s social security
number and unique registration ID. The
comparison process will be an
automated process in NEMIS. The IA
program will also be able to manually
verify the comparison results using
database queries. The registration ID is
required to ensure the FEMA and HUD
data can be aggregated in NEMIS as it
is a unique primary key for the separate
data sets;
d. Once DHS/FEMA confirms that
match, the complete data set for the
potential duplication of housing
benefits is sent to FEMA’s Program
Review process for manual evaluation of
any duplication of benefits. If FEMA
review staff determines that there is a
duplication of benefits, the duplicated
amount is deducted from the eligible
award. FEMA applicants receive a letter
that indicates the amount of their
eligible award and their ability to
appeal.
2. No HUD match—HUD does not
find a match in their respective system
for the DHS/FEMA data provided:
a. If the initial verification record
submitted by DHS/FEMA to HUD does
not result in a match by HUD, DHS/
FEMA becomes the source agency and
sends additional FEMA Head of
Household IA/IHP data to HUD to assist
HUD in the future if those same
applicants apply for HUD benefits. This
additional information will aid HUD in
making an appropriate determination as
to whether the applicant qualifies or not
for assistance under the various HUD
programs if they have or have not
received benefits from FEMA, since
HUD does not have access to FEMA
systems, and thus eliminate the need for
future data requests of the same data.
The additional data is not part of the
initial verification process;
b. The FEMA–HUD data exchange
process is complete and the
transmission is terminated;
c. As part of the Duplication of
Housing Benefits effort, HUD may share
FEMA data via a secure web-service
with state and local CDBG grantees with
whom HUD has an existing ISAA as per
the Privacy Statement 9420.1 Appendix
B/C. CDBG grantees can be
municipalities as well as individuals
that receive federal money to assist low
to mid-level income families with a
variety of assistance. In order to avoid
duplication of benefits between HUD/
FEMA and the individual CDBG
grantee, the information may need to be
shared from HUD to state and local
municipalities;
d. If the State and Local grantees
require targeted data from FEMA which
is not part of routine use or part of the
Duplication of Housing Benefits effort,
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FEMA and the respective entity will
need to engage in ISAA documentation.
Once the ISAA is approved, the data
sharing mechanism will determine if a
CMA is needed between FEMA and the
respective entity i.e. automated system
vs. manual data delivery.
Records To Be Matched
HUD
The HUD records shared as part of
this matching program reside in HUD’s
EIV, IMS/PIC, and TRACS systems,
which include data from the IMS/PIC
the HUD/PIH–5 system of record, 74 FR
45,235 (Sep. 1, 2009); and the HUD/H–
11 system of records, 62 FR 11,909 (Mar.
13, 1997).
DHS/FEMA
The DHS/FEMA records shared as
part of this CMA resides in DHS/
FEMA’s Disaster Recovery Assistance
Files system of records, as provided by
the DHS/FEMA—008 SORN, 74 FR
25,282 (April 30, 2013); through its
National Emergency Management
Information System—Individual
Assistance (NEMIS–IA).
Notice Procedures
The Privacy Act requires Agreements
to specify procedures for notifying
applicants/recipients at time of
registration and other periodic notice as
directed by the Data Integrity Board of
such agency (subject to guidance
provided by the Director of OMB
pursuant to subsection (v)) to applicants
for and recipients of financial assistance
or payments under Federal benefit
programs.
DHS/FEMA and HUD have both
published system of records notices
informing applicants/recipients that
their information may be subject to
verification through matching programs
per 5 U.S.C. 552a(o)(1)(D). As further
required by the Privacy Act, DHS/FEMA
and HUD shall make a copy of the
Computer Matching Agreement
available to the public upon request.
DHS/FEMA Recipients
DHS/FEMA Form 009–0–1 ‘‘Paper
Application/Disaster Assistance
Registration,’’ DHS/FEMA Form 009–0–
3, ‘‘Declaration and Release’’ (both
contained in OMB ICR No. 1660–0002),
and various other forms used for
financial assistance benefits
immediately following a declared
disaster, use a Privacy Act statement (5
U.S.C. 552a(e)(3)) to provide notice to
applicants regarding the use of their
information. The Privacy Act statement
is read to applicants from DHS/FEMA
call center employees and is displayed
and agreed to by applicants applying
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over the internet. Also, DHS/FEMA
Form 009–0–3 requires the applicant’s
signature in order to receive financial
assistance.
Additionally, DHS/FEMA provides
notice via its Disaster Assistance
Improvement Program Privacy Impact
Assessment and DHS/FEMA’s Privacy
Act System of Records Notice, DHS/
FEMA—008 Disaster Recovery
Assistance Files, 78 FR 25282 (Apr. 30,
2013). DHS/FEMA has published a
Notice concerning routine use
disclosures in the Federal Register to
inform individuals that a computer
match may be performed to determine a
loan applicant’s credit status with the
Federal Government.
Categories of Records/Individuals
Involved
Data elements disclosed in this
computer matching are Personally
Identifiable Information (PII) from the
specified systems of record. The data
elements supplied are as follows:
• FEMA Registration ID.
• Disaster Number.
• Social Security Number (SSN)—the
head of household SSN.
• First and Last Name and Middle
Initial of the head of household.
• DOB—date of birth of head of
household.
• Damaged Address Street Address—
the head of household’s damaged street
address.
Period of the Match
Matching will begin at least 40 days
from the date that copies of the
Computer Matching Agreement, signed
by HUD and DHS/FEMA DIBs, are sent
to both Houses of Congress and OMB; or
at least 30 days from the date this notice
is published in the Federal Register,
whichever is later, provided that no
comments that would result in a
contrary determination are received.
The matching program will be in effect
and continue for 18 months with an
option to renew for 12 additional
months unless one of the parties to the
Agreement advises the other in writing
to terminate or modify the Agreement.
Authority: 5 U.S.C. 552a; 88 Stat. 1896; 42
U.S.C. 3535(d).
Dated: August 26, 2016.
Helen Goff Foster,
Chief Privacy Officer/Senior Agency Official
for Privacy.
[FR Doc. 2016–22006 Filed 9–13–16; 8:45 am]
BILLING CODE 4210–67–P
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14SEN1
]]>Agencies
[Federal Register Volume 81, Number 178 (Wednesday, September 14, 2016)]
[Notices]
[Pages 63195-63198]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2016-22006]
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DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT
[Docket No. FR-5921-N-15]
Privacy Act of 1974; Notice of a Computer Matching Program
Between the Department of Housing and Urban Development (HUD) and the
Department of Homeland Security, Federal Emergency Management Agency
(DHS/FEMA)
AGENCY: Office of Administration, HUD.
ACTION: Notice of a Computer Matching Program Between HUD and DHS/FEMA.
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[[Page 63196]]
SUMMARY: In accordance with the Privacy Act of 1974, as amended by the
Computer Matching and Privacy Protection Act of 1988, and the Office of
Management and Budget (OMB) Guidelines on the Conduct of Matching
Programs (54 FR 25818 (June 19, 1989); and OMB Bulletin 89-22,
``Instructions on Reporting Computer Matching Programs to the Office of
Management and Budget (OMB), Congress and the Public,'' HUD is issuing
a public notice of its intent to conduct a recurring computer matching
program with DHS/FEMA.
The purpose of this CMA is to ensure that eligible housing
assistance applicants do not receive a duplication of housing benefits
from both DHS/FEMA and HUD, as required by section 312 of the Robert T.
Stafford Disaster Relief and Emergency Assistance Act, as amended, and
as may be required by statutes making available supplemental
appropriations for activities eligible under Title I of the Housing and
Community Development Act of 1974, as amended (CDBG-DR Appropriations
Acts), and by the notices published in the Federal Register that govern
these CDBG-DR Appropriations Acts, including the Clarification of
Duplication of Benefits Requirements Under the Stafford Act for
Community Development Block Grant (CDBG) Disaster Recovery Grantees at
76 FR 71060 (Nov. 16, 2011).
DATES: Effective Date: The effective date of the matching program shall
begin October 14, 2016, or at least 40 days from the date that copies
of the Computer Matching Agreement, signed by both HUD and DHS/FEMA
Data Integrity Boards (DIBs), are sent to OMB and Congress, whichever
is later, provided that no comments that would result in a contrary
determination are received.
Comments Due Date: October 14, 2016.
ADDRESSES: Interested persons are invited to submit comments regarding
this notice to the Rules Docket Clerk, Office of General Counsel,
Department of Housing and Urban Development, 451 Seventh Street, Room
10110, SW., Washington, DC 20410. Communications should refer to the
above docket number and title. A copy of each communication submitted
will be available for public inspection and copying between 8:00 a.m.
and 5:00 p.m. weekdays at the above address.
FOR FURTHER INFORMATION CONTACT: Contact the ``Recipient/Source
Agency'' Helen Goff Foster, Departmental Privacy Officer, Department of
Housing and Urban Development, 451 Seventh Street SW., Room 10139,
Washington, DC 20410, telephone number (202) 402-6147 or the
``Recipient/Source Agency'' Tammi Hines, Acting Privacy Director, DHS/
FEMA, 500 C Street SW., Washington, DC 20479, telephone number (202)
212-5100. [These are not a toll-free numbers.] A telecommunication
device for hearing- and speech-impaired individuals (TTY) is available
at (800) 877-8339 (Federal Relay Service).
SUPPLEMENTARY INFORMATION: The Computer Matching program seeks to
ensure that applicants for HUD Housing Assistance and DHS/FEMA
Individuals and Households Program, which provides Other Needs
Assistance (ONA) and Housing Assistance (HA), do not receive a
duplication of housing benefits. This will be accomplished by matching
specific DHS/FEMA disaster applicant data with HUD Inventory Management
System/PIH Information Center (IMS/PIC) tenant data, Enterprise Income
Verification (EIV) tenant data and Tenant Rental Assistance
Certification System (TRACS) data that HUD is authorized to collect for
its rental housing assistance programs. DHS/FEMA will provide a
database with Disaster Recovery Assistance (DRA) records, which only
include the necessary data elements needed for the matching. HUD will
provide Household Member data from the EIV, IMS/PIC, and TRACS
databases. DHS/FEMA and HUD will exchange data, defined in the
Interface Control Document, using secured web services and with all
matching conducted internally.
Reporting of Matching Program
In accordance with Public Law 100-503, the Computer Matching and
Privacy Protection Act of 1988 as amended, and OMB Bulletin 89-22,
``Instructions on Reporting Computer Matching Programs to the Office of
Management and Budget (OMB), Congress and the Public,'' copies of this
notice and report are being provided to the U.S. House Committee on
Oversight and Government Reform, the U.S. Senate Homeland Security and
Governmental Affairs Committee, and OMB.
Authority
Purpose. This computer matching agreement, hereinafter referred to
as ``agreement'' governs a matching program between the Department of
Homeland Security/Federal Emergency Management Agency and the
Department of Housing and Urban Development. The purpose of the
matching program is to:
(1) Establish or verify initial or continuing eligibility for DHS/
FEMA disaster assistance programs;
(2) Verify compliance with the statutory or regulatory program
requirements; and
(3) Recoup payments or delinquent debts under a herein identified
program. Specifically, DHS/FEMA and HUD seek to ensure that individuals
do not receive duplicate or erroneous disaster assistance for the same
disaster or emergency and/or housing benefits from either agency.
Legal Authority. This agreement is executed in compliance with the
Privacy Act of 1974 (5 U.S.C. 552a, as amended) and the statutes,
regulations, notices and guidance promulgated thereunder.
A. The Robert T. Stafford Disaster and Emergency Assistance Act
(Pub. L. 93-288), as amended at 42 U.S.C. 5121 et seq., requires each
federal agency that administers any program that provides financial
assistance as a result of a major disaster or emergency, to assure that
no individual or entity receives duplicate financial assistance under
any program or insurance, or any other source. Furthermore, the Act
requires DHS/FEMA or HUD (whichever agency provided the duplicate
assistance) to recover all amounts from the recipient of the financial
assistance (42 U.S.C. 5155).
B. Pursuant to the Robert T. Stafford Disaster Relief and Emergency
Assistance Act (42 U.S.C. 5174(i), as amended), DHS/FEMA is directed
and authorized to ``develop a system, including an electronic
database'', to:
1. Verify the identity and address of recipients of assistance to
provide reasonable assurance that payments are made only to an
individual or household that is eligible for such assistance;
2. Minimize the risk of making duplicative payments or payments for
fraudulent claims;
3. Collect any duplicate payment on a claim, or reduce the amount
of subsequent payments to offset the amount of any such duplicate
payment;
4. Provide instructions to recipients of assistance regarding the
proper use of any such assistance, regardless of how such assistance is
distributed; and
5. Conduct an expedited and simplified review and appeal process
for an individual or household whose application for assistance is
denied
C. DHS/FEMA is authorized to provide States (impacted by
disasters), in which the individuals and households are located, with
access to the electronic records of individuals and households
receiving assistance in order
[[Page 63197]]
for the States to make available any additional State and local
assistance to the individuals and households (42 U.S.C. 5174(f)(2).
D. Pursuant to the Debt Collection Improvement Act of 1996 (31
U.S.C. 3325(d) and 31 U.S.C. 7701(c)(1)), federal agencies are required
to collect the taxpayer identification number of each person who
receives payments from the federal government; and each person doing
business with the federal government is required to furnish his or her
taxpayer's identification number.
1. For the purposes of 31 U.S.C. 7701, a person is considered to be
doing with business with the federal government if the person is
i. A lender or services in a federal guaranteed or insured loan
program administered by a federal agency;
ii. An applicant for, or recipient of, a federal license permit,
right-of-way, grant or benefit payment administered by a federal
agency;
iii. A contractor of a federal agency;
iv. Assessed a fine, fee, royalty or penalty by a federal agency;
v. In a relationship with a federal agency that may give rise to a
receivable due to that agency, such as a partner of a borrower in or a
guarantor of a federal direct or insured loan administered by the
federal agency.
Each federal agency must inform each person required to disclose
his or her taxpayer identification number the agency's intent to use
such number for purposes of collecting and reporting on any delinquent
amounts arising out of such person's relationship with the federal
government.
E. Fraud, waste, and abuse prevention efforts pursuant to the
aforementioned statutory authorities are also applicable to pilot
programs designed to provide alternative or additional federal disaster
assistance programs (6 U.S.C. 776-777).
F. Pursuant to section 239 of Public Law 111-8, Omnibus
Appropriations Act, 2009 (123 Stat. 981, March 11, 2009), the Disaster
Housing Assistance Programs administered by HUD are considered a HUD
program under section 904 of the McKinney Act for the purpose of income
verification and matching.
G. HUD's Routine Use Inventory notice published in the Federal
Register on December 31, 2015 (80 FR 81837) provides individuals with
notice of HUD's intended use of information contained within the
following system of records:
1. Inventory Management Systems (IMS), also known as the Public and
Indian Housing Information Center (PIC), HUD/PIH.01 (77 FR 22337, April
13, 2012).
2. Enterprise Income Verification (EIV), HUD/PIH-5 (74 FR 45235,
September 1, 2009).
3. Tenant Housing Assistance and Contract Verification Data, also
known as the Tenant Rental Assistance Certification System (TRACS),
HUD/H-11 (62 FR 11909, March 13, 1997).
Specifically, pursuant to routine use 6 (within HUD's Routine Use
Inventory notice (80 FR 81837)), HUD may disclose records contained in
the aforementioned systems of records for the purpose of preventing
fraud, waste and abuse within any federal program. HUD may disclose
records to federal agencies, non-federal entities, their employees, and
agents (including contractors, their agents or employees; employees or
contractors of the agents or designated agents); or contractors, their
employees or agents with whom HUD has a contract, service agreement for
the purpose of:
(1) Detection, prevention, and recovery of improper payments;
(2) Detection and prevention of fraud, waste, and abuse in major
federal programs administered by a federal agency or non-federal
entity;
(3) Detection of fraud, waste, and abuse by individuals in their
operations and programs, but only to the extent that the information
shared is necessary and relevant to verify pre-award and prepayment
requirements prior to the release of federal funds, prevent and recover
improper payments for services rendered under programs of HUD or of
those federal agencies and non-federal entities to which HUD provides
information under this routine use.
H. HUD regulations (24 CFR 982.352(c) prohibits a family from
receiving the benefit of tenant-based assistance while receiving the
benefit of any of the following forms of other housing subsidy, for the
same unit or for a different unit:
1. Public or Indian housing assistance;
2. Other Section 8 assistance (including other tenant-based
assistance);
3. Assistance under former Section 23 of the United States Housing
Act of 1937 (before amendment by the Housing and Community Development
Act of 1974);
4. Section 101 rent supplements;
5. Section 236 rental assistance payments;
6. Tenant-based assistance under the HOME program;
7. Rental assistance payments under Section 521 of the Housing Act
of 1949 (a program of the Rural Development Administration);
8. Any local or state rent subsidy;
9. Section 202 supportive housing for the elderly;
10. Section 811 supportive housing for persons with disabilities;
11. Section 202 projects for non-elderly persons with disabilities
(Section 162 assistance); or
12. Any other duplicative federal, state, or local housing subsidy,
as determined by HUD. For this purpose, ``housing subsidy'' does not
include the housing component of a welfare payment, a social security
payment received by the family, or a rent reduction because of a tax
credit.
I. The following programs are covered under this computer matching
agreement:
1. DHS/FEMA housing assistance provided through its Individuals and
Households Program (IHP) as defined in Section III.
2. HUD rental assistance programs identified at 24 CFR 5.233 and
the Disaster Housing Assistance Program.
Objectives To Be Met by the Matching Program
The objective of this CMA is to ensure that eligible housing
assistance applicants do not receive a duplication of housing benefits
from DHS/FEMA and HUD.
Description of the Match
An active survivor completes a FEMA assistance registration after a
disaster. The NEMIS database stores data provided by the disaster
victim on a FEMA 90-69 online form. FEMA processes the registration.
During the FEMA processing period, the registration status will change
status to `VR' (Valid Registration) in NEMIS. This means that the
registration has been processed through the data completeness and
identity verification. The FEMA registration data is sent to HUD for
initial verification via a secure web service. HUD will match the IA/
IHP data elements to its EIV, IMS/PIC, and TRACS data. There are two
scenarios for the HUD match process. The scenarios are:
1. Positive HUD match--HUD finds a match in their respective system
for the DHS/FEMA data provided:
a. If a record submitted by DHS/FEMA to HUD results in a match by
HUD, DHS/FEMA becomes a recipient of HUD Housing Assistance
information;
b. DHS/FEMA will use the information it receives from HUD to
independently evaluate and determine its applicants' eligibility for
its housing programs under 42 U.S.C. 5174(c)(1);
c. DHS/FEMA will compare the HUD data with the FEMA registration
data
[[Page 63198]]
using the survivor's social security number and unique registration ID.
The comparison process will be an automated process in NEMIS. The IA
program will also be able to manually verify the comparison results
using database queries. The registration ID is required to ensure the
FEMA and HUD data can be aggregated in NEMIS as it is a unique primary
key for the separate data sets;
d. Once DHS/FEMA confirms that match, the complete data set for the
potential duplication of housing benefits is sent to FEMA's Program
Review process for manual evaluation of any duplication of benefits. If
FEMA review staff determines that there is a duplication of benefits,
the duplicated amount is deducted from the eligible award. FEMA
applicants receive a letter that indicates the amount of their eligible
award and their ability to appeal.
2. No HUD match--HUD does not find a match in their respective
system for the DHS/FEMA data provided:
a. If the initial verification record submitted by DHS/FEMA to HUD
does not result in a match by HUD, DHS/FEMA becomes the source agency
and sends additional FEMA Head of Household IA/IHP data to HUD to
assist HUD in the future if those same applicants apply for HUD
benefits. This additional information will aid HUD in making an
appropriate determination as to whether the applicant qualifies or not
for assistance under the various HUD programs if they have or have not
received benefits from FEMA, since HUD does not have access to FEMA
systems, and thus eliminate the need for future data requests of the
same data. The additional data is not part of the initial verification
process;
b. The FEMA-HUD data exchange process is complete and the
transmission is terminated;
c. As part of the Duplication of Housing Benefits effort, HUD may
share FEMA data via a secure web-service with state and local CDBG
grantees with whom HUD has an existing ISAA as per the Privacy
Statement 9420.1 Appendix B/C. CDBG grantees can be municipalities as
well as individuals that receive federal money to assist low to mid-
level income families with a variety of assistance. In order to avoid
duplication of benefits between HUD/FEMA and the individual CDBG
grantee, the information may need to be shared from HUD to state and
local municipalities;
d. If the State and Local grantees require targeted data from FEMA
which is not part of routine use or part of the Duplication of Housing
Benefits effort, FEMA and the respective entity will need to engage in
ISAA documentation. Once the ISAA is approved, the data sharing
mechanism will determine if a CMA is needed between FEMA and the
respective entity i.e. automated system vs. manual data delivery.
Records To Be Matched
HUD
The HUD records shared as part of this matching program reside in
HUD's EIV, IMS/PIC, and TRACS systems, which include data from the IMS/
PIC the HUD/PIH-5 system of record, 74 FR 45,235 (Sep. 1, 2009); and
the HUD/H-11 system of records, 62 FR 11,909 (Mar. 13, 1997).
DHS/FEMA
The DHS/FEMA records shared as part of this CMA resides in DHS/
FEMA's Disaster Recovery Assistance Files system of records, as
provided by the DHS/FEMA--008 SORN, 74 FR 25,282 (April 30, 2013);
through its National Emergency Management Information System--
Individual Assistance (NEMIS-IA).
Notice Procedures
The Privacy Act requires Agreements to specify procedures for
notifying applicants/recipients at time of registration and other
periodic notice as directed by the Data Integrity Board of such agency
(subject to guidance provided by the Director of OMB pursuant to
subsection (v)) to applicants for and recipients of financial
assistance or payments under Federal benefit programs.
DHS/FEMA and HUD have both published system of records notices
informing applicants/recipients that their information may be subject
to verification through matching programs per 5 U.S.C. 552a(o)(1)(D).
As further required by the Privacy Act, DHS/FEMA and HUD shall make a
copy of the Computer Matching Agreement available to the public upon
request.
DHS/FEMA Recipients
DHS/FEMA Form 009-0-1 ``Paper Application/Disaster Assistance
Registration,'' DHS/FEMA Form 009-0-3, ``Declaration and Release''
(both contained in OMB ICR No. 1660-0002), and various other forms used
for financial assistance benefits immediately following a declared
disaster, use a Privacy Act statement (5 U.S.C. 552a(e)(3)) to provide
notice to applicants regarding the use of their information. The
Privacy Act statement is read to applicants from DHS/FEMA call center
employees and is displayed and agreed to by applicants applying over
the internet. Also, DHS/FEMA Form 009-0-3 requires the applicant's
signature in order to receive financial assistance.
Additionally, DHS/FEMA provides notice via its Disaster Assistance
Improvement Program Privacy Impact Assessment and DHS/FEMA's Privacy
Act System of Records Notice, DHS/FEMA--008 Disaster Recovery
Assistance Files, 78 FR 25282 (Apr. 30, 2013). DHS/FEMA has published a
Notice concerning routine use disclosures in the Federal Register to
inform individuals that a computer match may be performed to determine
a loan applicant's credit status with the Federal Government.
Categories of Records/Individuals Involved
Data elements disclosed in this computer matching are Personally
Identifiable Information (PII) from the specified systems of record.
The data elements supplied are as follows:
FEMA Registration ID.
Disaster Number.
Social Security Number (SSN)--the head of household SSN.
First and Last Name and Middle Initial of the head of
household.
DOB--date of birth of head of household.
Damaged Address Street Address--the head of household's
damaged street address.
Period of the Match
Matching will begin at least 40 days from the date that copies of
the Computer Matching Agreement, signed by HUD and DHS/FEMA DIBs, are
sent to both Houses of Congress and OMB; or at least 30 days from the
date this notice is published in the Federal Register, whichever is
later, provided that no comments that would result in a contrary
determination are received. The matching program will be in effect and
continue for 18 months with an option to renew for 12 additional months
unless one of the parties to the Agreement advises the other in writing
to terminate or modify the Agreement.
Authority: 5 U.S.C. 552a; 88 Stat. 1896; 42 U.S.C. 3535(d).
Dated: August 26, 2016.
Helen Goff Foster,
Chief Privacy Officer/Senior Agency Official for Privacy.
[FR Doc. 2016-22006 Filed 9-13-16; 8:45 am]
BILLING CODE 4210-67-P
