Privacy Act of 1974; Matching Program, 7859-7862 [2022-02966]

Agencies

• DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT

[Federal Register Volume 87, Number 28 (Thursday, February 10, 2022)]
[Notices]
[Pages 7859-7862]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2022-02966]


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DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT

[FR-7062-N-02]


Privacy Act of 1974; Matching Program

AGENCY: Office of Administration, Department of Housing and Urban 
Development.

ACTION: Notice of a new matching program.

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SUMMARY: Pursuant to the Privacy Act of 1974, as amended by the 
Computer Matching and Privacy Act of 1988 and the Computer Matching and 
Privacy Protections Amendment of 1990 (Privacy Act), and Office of 
Management and Budget (OMB) guidance on the conduct of matching 
programs, notice is hereby given of the re-establishment of a matching 
program between the U.S. Department of Housing and Urban Development 
(HUD) and Department of Homeland Security (DHS), Federal Emergency 
Management Agency (FEMA).

DATES: Please submit comments on or before March 14, 2022. The matching 
program will be effective on March 14, 2022 unless comments have been 
received from interested members of the public that require 
modification and republication of the notice. The matching program will 
continue for 18 months from the beginning date and may be extended an 
additional 12 months if the conditions specified in 5 U.S.C. 
552a(o)(2)(D) have been met.

ADDRESSES: Interested persons are invited to submit comments regarding 
this notice at www.regulations.gov or to the Rules Docket Clerk, Office 
of General Counsel, Department of Housing and Urban Development, 451 
Seventh Street SW, Room 10110, Washington, DC 20410. Communications 
should refer to the above docket number. 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. Persons with 
hearing or speech impairments may access this number through TTY by 
calling the toll-free Federal Relay service at (800) 877-8339.

FOR FURTHER INFORMATION CONTACT: To obtain additional information about 
this matching program and the contents of this Computer Matching 
Agreement between HUD and DHS-FEMA, please view this Computer Matching 
Agreement at the following websites:
    FEMA/DHS: https://www.dhs.gov/publication/computer-matching-agreements-and-notices.
    HUD: https://www.hud.gov/program_offices/officeofadministration/privacy_act/cma.
    For general questions about this matching program, contact Matthew 
D. Redding, Deputy Director for Individual Assistance, U.S. Department 
of Homeland Security, Federal Emergency Management Agency, Individual 
Assistance Division, Recovery Directorate at (202) 212-7657 or Todd 
Richardson, General Deputy Assistant Secretary, Office of Policy 
Development and Research, U.S. Housing and Urban Development at (202) 
402-5706. A telecommunication device for hearing- and speech-impaired 
individuals (TTY) is available at (800) 877-8339 (Federal Relay 
Service).

SUPPLEMENTARY INFORMATION: HUD is providing 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) (Privacy Act); 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

[[Page 7860]]

(June 19, 1989); and OMB Circular A-108, 81 FR 94424 (December 23, 
2016).
    Following a Presidentially declared disaster or emergency, HUD and 
FEMA will compare and match data between the two agencies for HUD-
assisted individuals (1) receiving emergency sheltering when FEMA 
individuals and households assistance also has been authorized or (2) 
FEMA housing assistance in order to transition them from FEMA 
assistance back into pre-approved HUD housing and conduct duplication 
of benefits checks. HUD Community Development Block Grant Disaster 
Recovery (CDBG-DR) grantees will use FEMA data received through HUD to 
complete duplication of benefits checks. FEMA data will be used for 
additional purposes that will not determine individual benefits: HUD 
will use FEMA data to inform its CDBG-DR grant allocation formula and 
CDBG-DR grantees will use FEMA data for planning and marketing of CDBG-
DR assisted activities.

Participating Agencies

    U.S. Department of Housing and Urban Development (HUD) and the 
Department of Homeland Security (DHS), Federal Emergency Management 
Agency (FEMA).

Authority for Conducting the Matching Program

    A. Robert T. Stafford Disaster Relief and Emergency Assistance Act 
(as amended at 42 U.S.C. 5155(a) et seq.) (Stafford Act), section 312, 
which requires each federal agency that administers any program 
providing financial assistance because of a major disaster or emergency 
to assure that no individual or entity receives duplicate financial 
assistance under any program, from insurance, or through any other 
source. The Stafford Act, 42 U.S.C. 5155(c), requires FEMA or HUD 
(whichever agency provided the duplicative 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.
    B. Section 408(i) of the Stafford Act, 42 U.S.C. 5174(i), directs 
and authorizes FEMA, in carrying out Section 408 (Federal Assistance to 
Individuals and Households), to ``develop a system, including an 
electronic database,'' to: (a) 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, (b) Minimize the risk of making duplicative payments or 
payments for fraudulent claims, (c) Collect any duplicate payment on a 
claim or reduce the amount of subsequent payments to offset the amount 
of any such duplicate payment, (d) Provide instructions to recipients 
of assistance regarding the proper use of any such assistance, 
regardless of how such assistance is distributed, and (e) Conduct an 
expedited and simplified review and appeal process for an individual or 
household whose application for assistance is denied.
    C. HUD imposes the requirements of the Stafford Act, section 312, 
on CDBG-DR grantees. Appropriations acts making CDBG-DR funds 
available, as listed in Section II.C.8 of the Computer Matching 
Agreement, require CDBG-DR grantees to have adequate procedures to 
prevent the duplication of benefits. HUD enforces these requirements on 
CDBG-DR grantees using its statutory and regulatory remedies for 
noncompliance in Section 111 of Title I of the Housing and Community 
Development of 1974 (42 U.S.C. 5311) and regulations at 24 CFR part 570 
and 2 CFR part 200.
    D. Executive Order 13411, ``Improving Assistance for Disaster 
Victims,'' 71 FR 52729 (August 29, 2006), calls on federal agencies to 
``reduce unnecessarily duplicative application forms and processes for 
Federal disaster assistance,'' which includes processing benefits 
applications submitted by individuals, businesses, or other entities 
for the same disaster.
    E. The President may authorize both emergency sheltering and 
Section 408 federal assistance to individuals and households, pursuant 
to either a major disaster under Section 403, at 42 U.S.C. 5170b, or an 
emergency under Section 502 of the Stafford Act, 42 U.S.C. 5192. 
Essential Assistance, pursuant to Section 403(a)(3)(B) of the Stafford 
Act, 42 U.S.C. 5170b, authorizes emergency sheltering, including both 
congregate and non-congregate sheltering, to meet the immediate needs 
of disaster survivors for a major disaster. Additionally, federal 
assistance where necessary to prevent human suffering under Section 
502(a)(8) authorizes emergency sheltering for an emergency.
    F. The Debt Collection Improvement Act of 1996, 31 U.S.C. 3325(d) 
and 7701(c)(1), which requires federal agencies to collect the Taxpayer 
Identification Number (TIN) or Social Security Number (SSN) 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 TIN. For the purposes of 31 U.S.C. 7701, a person is 
doing business with the Federal Government if the person is: (1) A 
lender or servicer in a federal guaranteed or insured loan program 
administered by a federal agency, (2) An applicant for, or recipient 
of, a federal license permit, right-of-way, grant, or benefit payment 
administered by a federal agency, (3) A contractor of a federal agency, 
(4) Assessed a fine, fee, royalty, or penalty by a federal agency, or 
(5) 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 TIN of 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.
    G. 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 (1) prevention of fraud, waste, and abuse, 
(2) order of assistance, and (3) prevention of duplication of benefits 
on HUD or its CDBG-DR grantees, as directed by the applicable act. The 
appropriations acts, listed below, also require HUD to make allocations 
based on a determination of unmet need in the ``most impacted and 
distressed areas'' resulting from major disasters.
    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 CDBG-DR assistance 
available; the following prior appropriations acts- Public Law 117-43, 
116-20, 115-254, 115-123, 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 Updates to Duplication of Benefits 
Requirements Under the Stafford Act for Community Development Block 
Grant (CDBG) Disaster Recovery Grantees at 84 FR 28836 (June 20, 2019).
    H. The 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

[[Page 7861]]

following forms of other housing subsidy for the same or a different 
unit:
    1. Public or Indian housing assistance,
    2. Section 8 assistance (including other tenant-based assistance) 
under Section 8 of the U.S. Housing Act of 1937, 42 U.S.C. 1437f,
    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 of the Housing and Urban Development Act of 1965, 12 
U.S.C. 1701s (Section 101 rent supplements),
    5. Section 236 of the National Housing Act, 12 U.S.C. 1715z-1 
(Section 236 rental assistance payments),
    6. Tenant-based assistance under the HOME Investment Partnerships 
Program (HOME) authorized by Title II of the Cranston-Gonzalez National 
Affordable Housing Act, 42 U.S.C. 12701 et seq.,
    7. Rental assistance payments under Section 521 of the Housing Act 
of 1949, 42 U.S.C. 258 1441 et seq. (a program of the Rural Development 
Administration),
    8. Any local or state rent subsidy,
    9. Section 202 of the Housing Act of 1959, 12 U.S.C. 1701q, as 
amended (Section 202 supportive housing for the elderly),
    10. Section 811 of the Cranston-Gonzalez National Affordable 
Housing Act, as amended, 42 U.S.C. 8013 (Section 811 supportive housing 
for persons with disabilities),
    11. Section 202 projects for non-elderly persons with disabilities 
(Section 162 assistance) authorized by Section 162 of the Housing and 
Community Development Act of 1987, 12 U.S.C. 1701a note, amending 
Section 202(h) of the Housing Act of 1959, 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. (June 20, 2019).

Purpose

    The Computer Matching Agreement describes the respective 
responsibilities of HUD and DHS-FEMA to determine and verify the 
accuracy of the data they provide, eligibility for their respective 
benefits, and to preserve the confidentiality of information in 
accordance with the matching program. The requirements of the Computer 
Matching Agreement will be carried out by authorized users of HUD and 
DHS-FEMA (which include the agencies' authorized employees, and 
contractors). The agreement also describes the responsibilities of HUD, 
HUD's CDBG-DR grantees, and DHS-FEMA for other purposes, as described 
below.
    The Computer Matching Agreement reestablishes the terms and 
conditions governing FEMA's access to, and use of, HUD assistance 
program data and HUD's access to, and use of FEMA's Individual 
Assistance (IA), Individual's and Household Program data. All FEMA 
program data that HUD provides to CDBG-DR grantees will be shared via 
separate agreements between HUD and CDBG-DR grantees that reflect the 
requirements of the Computer Matching Agreement between FEMA and HUD. 
The data exchanged between FEMA and HUD will be used as described in 
the Agreement for three purposes.
    (1) FEMA will use HUD data to establish or verify initial or 
continuing eligibility for DHS/FEMA disaster assistance and to prevent 
duplicative payments, or recoup duplicative payments and delinquent 
debts under the programs referenced in this agreement. Additionally, 
FEMA and HUD will use the information to transition HUD housing 
recipients, whose HUD homes are uninhabitable due to a declared 
disaster or emergency with Individual Assistance (IA) authorized, from 
emergency sheltering or FEMA housing assistance back into HUD assisted 
housing.
    (2) HUD will use FEMA program data to develop the funding formulas 
to request additional appropriations from Congress and allocate funding 
for CDBG-DR grant awards as well as to collect FEMA data to share with 
HUD's CDBG-DR grantees. After calculating allocations for CDBG-DR grant 
awards, HUD provides CDBG-DR grantees a subset of the data used for 
making the allocation to the applicable CDBG-DR grantee so the CDBG-DR 
grantee can do planning and market the use of grant funds. These uses 
of FEMA data shall not determine individual benefits.
    (3) HUD will provide FEMA data to CDBG-DR grantees (pursuant to 
separate agreements) for them to use 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.

Categories of Individuals

    DHS/FEMA data in this matching program includes individuals that 
have applied for or expressed interest in disaster assistance. HUD data 
in this matching program concerns individuals who have applied for or 
received assistance via HUD assistance programs.

Categories of Records

    Data elements disclosed by each agency in this matching program are 
as follows:

A. From DHS/FEMA to HUD

 Name (First and Last of Applicant and Co-applicant)
 Date of Birth (Applicant and Co-Applicant)
 Social Security Number (last 4 of Applicant and Co-applicant)
 Phone Number (Applicant Alternate Phone Number, Applicant 
Current Phone Number, Co-applicant Current Phone Number)
 Email Address of Applicant
 Applicant Registration Number
 Current Mailing Address (Street, City, County, State, Zip 
Code)
 Current Location (as identified in applicant registration and 
applicant information screen)
 Damaged Dwelling Latitude and Longitude
 Damaged Address (Street, City, County, State, Zip Code + 4 
Digit Ext.)
 Access and Functional Needs (Y/N)
 Household Member Age Range (Under 5 years, 5 to 17 years, 18 
to 64 years, 65 and above)
 Number of Household Members
 Number of Dependents in Household
 Current Hotel (Name, Address, City, County)
 Initial Rental Assistance Approved Date
 Direct Housing First Licensed-In Date
 Last Continued Temporary Housing Assistance Date
 Small Business Administration (SBA) HAPP Referral Flag (Y/N)
 Census Block Group ID (if applicable)
 Cause(s) of Damage from Inspection
 Destroyed Flag (Y/N)
 Disaster Number
 Flood Zone
 High Water Mark Location
 High Water Depth in Inches
 Habitability Repairs Required (Y/N)
 Gross Income (as reported at Registration)
 Insurance Types (Insurance Code)
 Level of Damage
 Owner/Renter
 Personal Property Total FEMA Verified Loss (FVL)Amount
 Personal Property Flood Damage FVL Amount

[[Page 7862]]

 Real Property Total FVL Amount (Aggregated for all REAL 
PROPERTY FVL)
 Real Property Flood Damage FVL Amount
 Residence Type
 FEMA Inspection Completed (Y/N)
 Primary Residence (RI) (Yes/No)
 Household Member Age and Name (First and Last)
 Insurance Settlement Flood Amount
 Insurance Settlement Other Amount
 Non-Compliant with Flood Insurance Requirement NCOMP Flag (Y/
N)
 Temporary Housing Unit (THU)--Latest Currently Licensed-In 
Date
 Total Housing Assistance Approved Amount (Aggregated 
Eligibility Amount)
 Total Housing Assistance Approved Flood Damage Amount
 Total Other Assistance Approved Amount (Aggregated Eligibility 
Amount)
 Total Other Assistance Flood Damage Approved Amount
 Total Other Needs Assistance Approved Amount (Aggregated 
Eligibility Amount)
 Total Other Needs Assistance Flood Damage Approved Amount
 Total Personal Property Assistance Approved Amount (Aggregated 
Eligibility Amount)
 Total Personal Property Assistance Flood Damage Amount
 Total Repair Assistance Approved Amount (Aggregated 
Eligibility Amount)
 Total Repair Assistance Flood Damage Amount
 Total Replacement Assistance Approved Amount (Aggregated 
Eligibility Amount)

B. From HUD to FEMA

 Name (First and Last of Recipient and Co-recipient)
 Social Security Number (last 4 digits of Recipient and Co-
recipient)
 Date of Birth (Recipient and Co-recipient)
 Address (Street Address, State, City, County, Zip Code)
 Number of Household Members
 HUD Program Code (Program Type: H1--Section 8 (Multifamily), 
H4--Section 236 (Multifamily), H7--202/PRAC (Multifamily), P--Public 
Housing, PBV--Project Based Voucher, TBV--Tenant Based Voucher, HV--
Homeownership Voucher, CE--Certificate, MR-Mod Rehab)
 HUD Rehoused (Y/N/Unknown)
 HUD Project Code
 HUD Public Housing Agency (PHA) Code
 HUD Date of Recertification

System of Records

 DHS/FEMA-008 Disaster Recovery Assistance Files System of 
Records Notice, 78 FR 25282 (April 30, 2013), or as amended.
 Inventory Management System (also known as the Public and 
Indian Housing Information Center) (IMS/PIC), HUD/PIH.01, 84 FR 11117 
(March 25, 2019).
 Enterprise Income Verification (EIV), HUD/PIH-5, EIV 71 FR 
45,066 (August 8, 2006), which was updated by 74 FR 45235 (September 1, 
2009).
 Tenant Rental Assistance Certification System (TRACS), HSNG/
MF.HTS.02, 81 FR 56684 (August 22, 2016).

Nancy Corsiglia,
Senior Agency Official for Privacy Department of Housing & Urban 
Development.
[FR Doc. 2022-02966 Filed 2-9-22; 8:45 am]
BILLING CODE 4210-67-P