Privacy Act of 1974; Computer Matching Program, 1186-1188 [2019-00768]
Download as PDF
1186
Federal Register / Vol. 84, No. 22 / Friday, February 1, 2019 / Notices
for complaint records, seven years after
the complaint was closed.
ADMINISTRATIVE, TECHNICAL, AND PHYSICAL
SAFEGUARDS:
DHS/ICE safeguards records in this
system according to all applicable rules
and policies, including all applicable
DHS automated systems security and
access policies. ICE has strict controls to
minimize the risk of compromising the
information that is being stored. Access
to the computer system containing the
records in this system is limited to those
individuals who have a need to know
the information for the performance of
their official duties and who have
appropriate clearances or permissions.
RECORD ACCESS PROCEDURES:
Individuals seeking access to and
notification of any record contained in
this system of records may submit a
request in writing to the Chief Privacy
Officer and ICE Freedom of Information
Act (FOIA) Officer, whose contact
information can be found at https://
www.dhs.gov/foia under ‘‘Contact
Information.’’ If an individual believes
more than one component maintains
Privacy Act records concerning him or
her, the individual may submit the
request to the Chief Privacy Officer and
Chief Freedom of Information Act
Officer, Department of Homeland
Security, Washington, DC 20528–0655.
Even if neither the Privacy Act nor the
Judicial Redress Act provides a right of
access, certain records about you may be
available under the Freedom of
Information Act.
When an individual is seeking records
about himself or herself from this
system of records or any other
Departmental system of records, the
individual’s request must conform with
the Privacy Act regulations set forth in
6 CFR part 5. The individual must first
verify his/her identity, meaning that the
individual must provide his/her full
name, current address, and date and
place of birth. The individual must sign
the request, and the individual’s
signature must either be notarized or
submitted under 28 U.S.C. 1746, a law
that permits statements to be made
under penalty of perjury as a substitute
for notarization. While no specific form
is required, an individual may obtain
forms for this purpose from the Chief
Privacy Officer and Chief Freedom of
Information Act Officer, https://
www.dhs.gov/foia or 1–866–431–0486.
In addition, the individual should:
• Explain why you believe the
Department would have information on
him/her;
VerDate Sep<11>2014
21:23 Jan 31, 2019
Jkt 247001
• Identify which component(s) of the
Department the individual believes may
have the information about him/her;
• Specify when the individual
believes the records would have been
created; and
• Provide any other information that
will help the FOIA staff determine
which DHS component agency may
have responsive records;
• If an individual’s request is seeking
records pertaining to another living
individual, the first individual must
include a statement from the second
individual certifying his/her agreement
for the first individual to access his/her
records.
Without this bulleted information the
component(s) may not be able to
conduct an effective search, and your
request may be denied due to lack of
specificity or lack of compliance with
applicable regulations.
CONTESTING RECORD PROCEDURES:
For records covered by the Privacy
Act or covered JRA records, see ‘‘access
procedures’’ above. Individuals who
wish to contest the accuracy of records
in this system of records should submit
these requests to the Privacy Division of
the ICE Information Governance &
Privacy Office. Requests must comply
with verification of identity
requirements set forth in Department of
Homeland Security Privacy Act
regulations at 6 CFR 5.21(d). Please
specify the nature of the complaint and
provide any supporting documentation.
By mail (please note substantial delivery
delays exist): ICE Information
Governance & Privacy Office, ATTN:
Privacy Division, 500 12th Street SW,
Mail Stop 5004, Washington, DC 20536.
By email: ICEPrivacy@ice.dhs.gov.
Please contact the Privacy Division
with any questions about submitting a
request at 202–732–3300 or ICEPrivacy@
ice.dhs.gov.
NOTIFICATION PROCEDURES:
See ‘‘Record Access Procedures’’.
EXEMPTIONS PROMULGATED FOR THE SYSTEM:
None.
HISTORY:
None.
Philip S. Kaplan,
Chief Privacy Officer, Department of
Homeland Security.
[FR Doc. 2019–00770 Filed 1–31–19; 8:45 am]
BILLING CODE 9111–28–P
PO 00000
Frm 00140
Fmt 4703
Sfmt 4703
DEPARTMENT OF HOMELAND
SECURITY
[Docket No. DHS–2018–0036]
Privacy Act of 1974; Computer
Matching Program
Federal Emergency
Management Agency, Department of
Homeland Security.
ACTION: Notice of a new computer
matching program.
AGENCY:
This document provides
notice of the establishment of a
computer matching program between
the Department of Homeland Security
(DHS)/Federal Emergency Management
Agency (FEMA) and the U.S.
Department of Housing and Urban
Development (HUD). 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 the Robert T. Stafford
Disaster Relief and Emergency
Assistance Act, as amended.
DATES: The matching program will be
effective for a period of 18 months
beginning either January 31, 2019, or 40
days after the publication of this notice,
whichever is later. The matching
program may be extended for up to an
additional 12 months thereafter, if
certain conditions are met. Please
submit comments on the proposal by
March 4, 2019. A new or revised
matching notice will become effective
30 days from the date of publication in
the Federal Register, unless the agency
determines that significant changes to
the matching notice are necessary, and
as such, the agency will publish a
revised matching notice and provide an
additional 30-day public comment.
ADDRESSES: You may submit comments,
identified by docket number DHS–
2018–0036 by one of the following
methods:
• Federal e-Rulemaking Portal: https://
www.regulations.gov. Follow the
instructions for submitting comments.
• DHS Fax: 202–343–4010.
• DHS Mail: Jonathan R. Cantor,
Acting Chief Privacy Officer, Privacy
Office, Department of Homeland
Security, Washington, DC 20528–0655.
• HUD Mail: Rules Docket Clerk,
Office of General Counsel, Department
of Housing and Urban Development,
451 Seventh Street SW, Room 10110,
Washington, DC 20410.
Instructions: All comments received
from members of the public available for
public viewing in their entirety on the
Federal eRulemaking Portal at
www.regulations.gov. Therefore,
SUMMARY:
E:\FR\FM\01FEN1.SGM
01FEN1
Federal Register / Vol. 84, No. 22 / Friday, February 1, 2019 / Notices
commenters should be careful to
include in their comments only
information that they wish to make
publicly available. Comments made by
fax or mail may be available for public
inspection and copying between 8:00
a.m. and 5:00 p.m. weekdays. If you
want to schedule an appointment to
review comments made by fax or mail,
please contact the person listed under
Docket: For access to the docket to
read background documents or
comments received, go to https://
www.regulations.gov.
FOR FURTHER INFORMATION CONTACT:
Individuals wishing to submit general
questions on this matching program,
including requesting a copy of the
Computer Matching Agreement between
DHS/FEMA and HUD, may contact
either John Bravacos, Departmental
Privacy Officer, Department of Housing
and Urban Development, 451 Seventh
Street SW, Room 10226, Washington,
DC 20410, telephone number (202) 402–
6064, William Holzerland, Senior
Director for Information Management,
DHS/FEMA, 500 C Street SW,
Washington, DC 20479, telephone
number (202) 212–5100. [These are not
toll-free numbers.] A
telecommunication device for hearingand speech-impaired individuals (TTY)
is available at (800) 877–8339 (Federal
Relay Service). For privacy questions,
please contact: Philip S. Kaplan, (202)
343–1717, Chief Privacy Officer, Privacy
Office, Department of Homeland
Security, Washington, DC 20528–0655.
The
Department of Homeland Security,
FEMA provides this notice in
accordance with the Privacy Act of 1974
(5 U.S.C. 552a), as amended by the
Computer Matching and Privacy
Protection Act of 1988 (Pub. L. 100–503)
and the Computer Matching and Privacy
Protection Amendments of 1990 (Pub. L.
101–508); Office of Management and
Budget (OMB) Final Guidance
Interpreting the Provisions of Public
Law 100–503, the Computer Matching
and Privacy Protection Act of 1988, 54
FR 25818 (June 19, 1989); and OMB
Circular A–108, 81 FR 94424 (December
23, 2016).
SUPPLEMENTARY INFORMATION:
Participating Agencies
The Department of Homeland
Security, Federal Emergency
Management Agency and the
Department of Housing and Urban
Development are both the source and
the recipient agency under this
matching program.
VerDate Sep<11>2014
21:23 Jan 31, 2019
Jkt 247001
Authority for Conducting the Matching
Program
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 duplicative assistance from
the recipient, when the head of such
agency considers it to be in the best
interest of the Federal Government, (42
U.S.C. 5155). Also, Section 408(i) of the
Stafford Act, 42 U.S.C. 5174(i), as
amended, directs and authorizes DHS/
FEMA, in carrying out Section 408
(Federal Assistance to Individuals and
Households), to ‘‘develop a system,
including an electronic database,’’ to
include, for example, to help 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 by sharing
personally identifiable information.
B. Fraud, waste, and abuse prevention
efforts pursuant to the aforementioned
statutory authorities are also applicable
to certain FEMA-administered pilot
programs designed to provide
alternative or additional federal disaster
assistance programs (6 U.S.C. 776–777).
C. Section 904 of the Stewart B.
McKinney Homeless Assistance
Amendments Act of 1988 (the
McKinney Act), 42 U.S.C. 3544,
authorizes HUD to require applicants or
participants in any HUD program
involving review of an applicant’s or
participant’s income to sign a consent
form authorizing HUD, the public
housing agency, or the owner to verify
income information. 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.
D. The appropriations acts that
authorize and appropriate supplemental
CDBG–DR assistance lay out specific
requirements, some of which may vary
by appropriation. These appropriations
acts impose requirements related to the
prevention of fraud, waste, and abuse,
order of assistance, and prevention of
duplication of benefits on CDBG–DR
PO 00000
Frm 00141
Fmt 4703
Sfmt 4703
1187
grantees. Legal authority for CDBG–DR
assistance is derived from title I of the
Housing and Community Development
Act of 1974 (42 U.S.C. 5301, et seq.),
subsequent appropriations acts making
available CDBG–DR assistance, the
following prior appropriations acts—
Public Laws 115–72, 115–56, 115–31,
114–254, 114–223, 114–113, 113–2,
112–55, 111–212, 110–329, 110–252,
110–116, 109–234, 109–148, 108–324,
107–206, 107–117, 107–73, 107–38,
106–31, 105–277, 105–276, 105–174,
105–18, 104–134, 104–19, 103–327,
103–211, 103–75, and 103–50—and by
the notices published in the Federal
Register that govern CDBG–DR grant
assistance, including the Clarification of
Duplication of Benefits Requirements
Under the Stafford Act for Community
Development Block Grant (CDBG)
Disaster Recovery Grantees at 76 FR
71,060 (November 16, 2011).
E. HUD regulation at (24 CFR
982.352(c)) prohibits a family from
receiving the benefit of Section 8 tenantbased assistance under the Housing
Choice Voucher Program while also
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 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.
E:\FR\FM\01FEN1.SGM
01FEN1
1188
Federal Register / Vol. 84, No. 22 / Friday, February 1, 2019 / Notices
Purpose(s)
The purpose of this matching program
is to establish or verify initial or
continuing eligibility for DHS/FEMA
disaster assistance; prevent duplicative
disaster assistance payments; or recoup
duplicative payments and delinquent
debts under the programs referenced in
this Agreement, which will result in
individuals being quickly and
effectively transitioned from temporary
relief programs administered by DHS/
FEMA into long-term relief programs
administered by HUD.
This program also enables HUD’s
Community Development Block Grant
Disaster Recovery (CDBG–DR) grantees,
including states, local governments, and
Indian tribes (as directed by the
applicable appropriations act), to use
FEMA data to determine the correct
award amount for eligible program
beneficiaries by identifying unmet
needs of FEMA applicants; prevent the
duplication of benefits; implement the
statutory requirement that CDBG–DR
funds may not be used for activities
reimbursable by or for which funds are
made available by FEMA; and
implement the statutory requirement to
establish procedures to detect and
prevent waste, fraud, and abuse of
funds. To accomplish this purpose, this
program permits HUD to provide data to
CDBG–DR allocatees before the grant
agreement is signed, so long as the state,
local government, or Indian tribe that is
awarded the CDBG–DR allocation has
entered an information sharing
agreement with HUD. For purposes of
this program, the term ‘‘CDBG–DR
grantee(s)’’ includes CDBG–DR
allocatees.
In sum, the following programs are
covered under this computer matching
agreement:
1. DHS/FEMA housing assistance
provided through its Individuals and
Households Program (IHP) under
Section 408(f) of the Stafford Act, 42
U.S.C. 5174(f)(2)
2. HUD rental assistance programs
identified at 24 CFR 5.233 and the
Disaster Housing Assistance Program.
3. CDBG–DR assistance authorized
and appropriated from time to time
under various appropriations acts.
Categories of Individuals
Categories of individuals covered
under this matching agreement include
individuals seeking federal disaster
relief assistance.
Categories of Records
Data elements disclosed in this
matching program include the
following:
VerDate Sep<11>2014
21:23 Jan 31, 2019
Jkt 247001
• 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.
• Current Address and Phone
Number—contact information for the
head of household.
• Damaged Unit Information—
information on the type and level of
damage sustained.
• Assistance Received—information
on the type and amount of assistance
the household has received.
Data elements, along with the
category of information (e.g.
identification, damages, contact
information, assistance, household
characteristics), specifically shared
between FEMA and HUD, and how they
are matched between them, is outlined
in Appendix A of the Computer
Matching Agreement.
System(s) of Records
DHS/FEMA
The DHS/FEMA records reside in the
National Emergency Management
Information System—Individual
Assistance System (NEMIS–IA System)
and are covered by DHS/FEMA—008
Disaster Recovery Assistance Files
System of Records, 78 FR 25,282 (April
30, 2013).
HUD
HUD records reside in HUD’s Tenant
Rental Assistance Certification System
(TRACS) (HSNG/MF.HTS.02), 81 FR
56,684 (August 22, 2016); the Inventory
Management System (IMS), also known
as the Public and Indian Housing (PIH)
Information Center (PIC) (HUD/PIH.01)
77 FR 22,337 (April 13, 2012); and the
Enterprise Income Verification System
(EIV) (HUD/PIH–5) 71 FR 45,066
(August 8, 2006), which was updated by
74 FR 45,235 (September 1, 2009). The
results of the information comparison
are maintained within the IMS/PIC
system (HUD/PIH.01).
Philip S. Kaplan,
Chief Privacy Officer, Department of
Homeland Security.
[FR Doc. 2019–00768 Filed 1–31–19; 8:45 am]
BILLING CODE 9110–17–P
PO 00000
Frm 00142
Fmt 4703
Sfmt 4703
DEPARTMENT OF HOMELAND
SECURITY
U.S. Citizenship and Immigration
Services
[OMB Control Number 1615–0054]
Agency Information Collection
Activities; Revision of a Currently
Approved Collection: Notice of
Naturalization Oath Ceremony
U.S. Citizenship and
Immigration Services, Department of
Homeland Security.
ACTION: 60-Day notice.
AGENCY:
The Department of Homeland
Security (DHS), U.S. Citizenship and
Immigration (USCIS) invites the general
public and other Federal agencies to
comment upon this proposed revision of
a currently approved collection of
information or new collection of
information. In accordance with the
Paperwork Reduction Act (PRA) of
1995, the information collection notice
is published in the Federal Register to
obtain comments regarding the nature of
the information collection, the
categories of respondents, the estimated
burden (i.e. the time, effort, and
resources used by the respondents to
respond), the estimated cost to the
respondent, and the actual information
collection instruments.
DATES: Comments are encouraged and
will be accepted for 60 days until April
2, 2019.
ADDRESSES: All submissions received
must include the OMB Control Number
1615–0054 in the body of the letter, the
agency name and Docket ID USCIS–
2006–0055. To avoid duplicate
submissions, please use only one of the
following methods to submit comments:
(1) Online. Submit comments via the
Federal eRulemaking Portal website at
https://www.regulations.gov under eDocket ID number USCIS–2006–0055;
(2) Mail. Submit written comments to
DHS, USCIS, Office of Policy and
Strategy, Chief, Regulatory Coordination
Division, 20 Massachusetts Avenue NW,
Washington, DC 20529–2140.
FOR FURTHER INFORMATION CONTACT:
USCIS, Office of Policy and Strategy,
Regulatory Coordination Division,
Samantha Deshommes, Chief, 20
Massachusetts Avenue NW,
Washington, DC 20529–2140, telephone
number 202–272–8377. (This is not a
toll-free number. Comments are not
accepted via telephone message.) Please
note contact information provided here
is solely for questions regarding this
notice. It is not for individual case
status inquiries. Applicants seeking
SUMMARY:
E:\FR\FM\01FEN1.SGM
01FEN1
Agencies
[Federal Register Volume 84, Number 22 (Friday, February 1, 2019)]
[Notices]
[Pages 1186-1188]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-00768]
-----------------------------------------------------------------------
DEPARTMENT OF HOMELAND SECURITY
[Docket No. DHS-2018-0036]
Privacy Act of 1974; Computer Matching Program
AGENCY: Federal Emergency Management Agency, Department of Homeland
Security.
ACTION: Notice of a new computer matching program.
-----------------------------------------------------------------------
SUMMARY: This document provides notice of the establishment of a
computer matching program between the Department of Homeland Security
(DHS)/Federal Emergency Management Agency (FEMA) and the U.S.
Department of Housing and Urban Development (HUD). 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 the Robert T. Stafford Disaster Relief and Emergency
Assistance Act, as amended.
DATES: The matching program will be effective for a period of 18 months
beginning either January 31, 2019, or 40 days after the publication of
this notice, whichever is later. The matching program may be extended
for up to an additional 12 months thereafter, if certain conditions are
met. Please submit comments on the proposal by March 4, 2019. A new or
revised matching notice will become effective 30 days from the date of
publication in the Federal Register, unless the agency determines that
significant changes to the matching notice are necessary, and as such,
the agency will publish a revised matching notice and provide an
additional 30-day public comment.
ADDRESSES: You may submit comments, identified by docket number DHS-
2018-0036 by one of the following methods:
Federal e-Rulemaking Portal: https://www.regulations.gov.
Follow the instructions for submitting comments.
DHS Fax: 202-343-4010.
DHS Mail: Jonathan R. Cantor, Acting Chief Privacy
Officer, Privacy Office, Department of Homeland Security, Washington,
DC 20528-0655.
HUD Mail: Rules Docket Clerk, Office of General Counsel,
Department of Housing and Urban Development, 451 Seventh Street SW,
Room 10110, Washington, DC 20410.
Instructions: All comments received from members of the public
available for public viewing in their entirety on the Federal
eRulemaking Portal at www.regulations.gov. Therefore,
[[Page 1187]]
commenters should be careful to include in their comments only
information that they wish to make publicly available. Comments made by
fax or mail may be available for public inspection and copying between
8:00 a.m. and 5:00 p.m. weekdays. If you want to schedule an
appointment to review comments made by fax or mail, please contact the
person listed under
Docket: For access to the docket to read background documents or
comments received, go to https://www.regulations.gov.
FOR FURTHER INFORMATION CONTACT: Individuals wishing to submit general
questions on this matching program, including requesting a copy of the
Computer Matching Agreement between DHS/FEMA and HUD, may contact
either John Bravacos, Departmental Privacy Officer, Department of
Housing and Urban Development, 451 Seventh Street SW, Room 10226,
Washington, DC 20410, telephone number (202) 402-6064, William
Holzerland, Senior Director for Information Management, DHS/FEMA, 500 C
Street SW, Washington, DC 20479, telephone number (202) 212-5100.
[These are not toll-free numbers.] A telecommunication device for
hearing- and speech-impaired individuals (TTY) is available at (800)
877-8339 (Federal Relay Service). For privacy questions, please
contact: Philip S. Kaplan, (202) 343-1717, Chief Privacy Officer,
Privacy Office, Department of Homeland Security, Washington, DC 20528-
0655.
SUPPLEMENTARY INFORMATION: The Department of Homeland Security, FEMA
provides this notice in accordance with the Privacy Act of 1974 (5
U.S.C. 552a), as amended by the Computer Matching and Privacy
Protection Act of 1988 (Pub. L. 100-503) and the Computer Matching and
Privacy Protection Amendments of 1990 (Pub. L. 101-508); Office of
Management and Budget (OMB) Final Guidance Interpreting the Provisions
of Public Law 100-503, the Computer Matching and Privacy Protection Act
of 1988, 54 FR 25818 (June 19, 1989); and OMB Circular A-108, 81 FR
94424 (December 23, 2016).
Participating Agencies
The Department of Homeland Security, Federal Emergency Management
Agency and the Department of Housing and Urban Development are both the
source and the recipient agency under this matching program.
Authority for Conducting the Matching Program
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 duplicative assistance from the recipient,
when the head of such agency considers it to be in the best interest of
the Federal Government, (42 U.S.C. 5155). Also, Section 408(i) of the
Stafford Act, 42 U.S.C. 5174(i), as amended, directs and authorizes
DHS/FEMA, in carrying out Section 408 (Federal Assistance to
Individuals and Households), to ``develop a system, including an
electronic database,'' to include, for example, to help 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 by sharing personally identifiable
information.
B. Fraud, waste, and abuse prevention efforts pursuant to the
aforementioned statutory authorities are also applicable to certain
FEMA-administered pilot programs designed to provide alternative or
additional federal disaster assistance programs (6 U.S.C. 776-777).
C. Section 904 of the Stewart B. McKinney Homeless Assistance
Amendments Act of 1988 (the McKinney Act), 42 U.S.C. 3544, authorizes
HUD to require applicants or participants in any HUD program involving
review of an applicant's or participant's income to sign a consent form
authorizing HUD, the public housing agency, or the owner to verify
income information. 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.
D. The appropriations acts that authorize and appropriate
supplemental CDBG-DR assistance lay out specific requirements, some of
which may vary by appropriation. These appropriations acts impose
requirements related to the prevention of fraud, waste, and abuse,
order of assistance, and prevention of duplication of benefits on CDBG-
DR grantees. Legal authority for CDBG-DR assistance is derived from
title I of the Housing and Community Development Act of 1974 (42 U.S.C.
5301, et seq.), subsequent appropriations acts making available CDBG-DR
assistance, the following prior appropriations acts--Public Laws 115-
72, 115-56, 115-31, 114-254, 114-223, 114-113, 113-2, 112-55, 111-212,
110-329, 110-252, 110-116, 109-234, 109-148, 108-324, 107-206, 107-117,
107-73, 107-38, 106-31, 105-277, 105-276, 105-174, 105-18, 104-134,
104-19, 103-327, 103-211, 103-75, and 103-50--and by the notices
published in the Federal Register that govern CDBG-DR grant assistance,
including the Clarification of Duplication of Benefits Requirements
Under the Stafford Act for Community Development Block Grant (CDBG)
Disaster Recovery Grantees at 76 FR 71,060 (November 16, 2011).
E. HUD regulation at (24 CFR 982.352(c)) prohibits a family from
receiving the benefit of Section 8 tenant-based assistance under the
Housing Choice Voucher Program while also 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.
[[Page 1188]]
Purpose(s)
The purpose of this matching program is to establish or verify
initial or continuing eligibility for DHS/FEMA disaster assistance;
prevent duplicative disaster assistance payments; or recoup duplicative
payments and delinquent debts under the programs referenced in this
Agreement, which will result in individuals being quickly and
effectively transitioned from temporary relief programs administered by
DHS/FEMA into long-term relief programs administered by HUD.
This program also enables HUD's Community Development Block Grant
Disaster Recovery (CDBG-DR) grantees, including states, local
governments, and Indian tribes (as directed by the applicable
appropriations act), to use FEMA data to determine the correct award
amount for eligible program beneficiaries by identifying unmet needs of
FEMA applicants; prevent the duplication of benefits; implement the
statutory requirement that CDBG-DR funds may not be used for activities
reimbursable by or for which funds are made available by FEMA; and
implement the statutory requirement to establish procedures to detect
and prevent waste, fraud, and abuse of funds. To accomplish this
purpose, this program permits HUD to provide data to CDBG-DR allocatees
before the grant agreement is signed, so long as the state, local
government, or Indian tribe that is awarded the CDBG-DR allocation has
entered an information sharing agreement with HUD. For purposes of this
program, the term ``CDBG-DR grantee(s)'' includes CDBG-DR allocatees.
In sum, the following programs are covered under this computer
matching agreement:
1. DHS/FEMA housing assistance provided through its Individuals and
Households Program (IHP) under Section 408(f) of the Stafford Act, 42
U.S.C. 5174(f)(2)
2. HUD rental assistance programs identified at 24 CFR 5.233 and
the Disaster Housing Assistance Program.
3. CDBG-DR assistance authorized and appropriated from time to time
under various appropriations acts.
Categories of Individuals
Categories of individuals covered under this matching agreement
include individuals seeking federal disaster relief assistance.
Categories of Records
Data elements disclosed in this matching program include the
following:
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.
Current Address and Phone Number--contact information for
the head of household.
Damaged Unit Information--information on the type and
level of damage sustained.
Assistance Received--information on the type and amount of
assistance the household has received.
Data elements, along with the category of information (e.g.
identification, damages, contact information, assistance, household
characteristics), specifically shared between FEMA and HUD, and how
they are matched between them, is outlined in Appendix A of the
Computer Matching Agreement.
System(s) of Records
DHS/FEMA
The DHS/FEMA records reside in the National Emergency Management
Information System--Individual Assistance System (NEMIS-IA System) and
are covered by DHS/FEMA--008 Disaster Recovery Assistance Files System
of Records, 78 FR 25,282 (April 30, 2013).
HUD
HUD records reside in HUD's Tenant Rental Assistance Certification
System (TRACS) (HSNG/MF.HTS.02), 81 FR 56,684 (August 22, 2016); the
Inventory Management System (IMS), also known as the Public and Indian
Housing (PIH) Information Center (PIC) (HUD/PIH.01) 77 FR 22,337 (April
13, 2012); and the Enterprise Income Verification System (EIV) (HUD/
PIH-5) 71 FR 45,066 (August 8, 2006), which was updated by 74 FR 45,235
(September 1, 2009). The results of the information comparison are
maintained within the IMS/PIC system (HUD/PIH.01).
Philip S. Kaplan,
Chief Privacy Officer, Department of Homeland Security.
[FR Doc. 2019-00768 Filed 1-31-19; 8:45 am]
BILLING CODE 9110-17-P