Privacy Act of 1974; Matching Program, 15056-15059 [2023-04953]

Agencies

• DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT

[Federal Register Volume 88, Number 47 (Friday, March 10, 2023)]
[Notices]
[Pages 15056-15059]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-04953]


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DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT

[Docket No. FR-7077-N-06]


Privacy Act of 1974; Matching Program

AGENCY: Office of Administration, HUD.

ACTION: Notice of 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 establishment of a matching 
program between the U.S. Department of Housing and Urban Development 
(HUD) and the state of Iowa, the state of California, the state of 
Louisiana, and the Commonwealth of the Northern Mariana Islands (CNMI).

DATES: Please submit comments on or before April 10, 2023. The matching 
program will be effective on April 10, 2023 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.

FOR FURTHER INFORMATION CONTACT: To obtain additional information about 
this matching program and the contents of this Computer Matching 
Agreement between HUD and the state of Iowa, the state of California, 
the state of Louisiana, and the CNMI, please view this Computer 
Matching Agreement at the following website: https://www.hud.gov/program_offices/officeofadministration/privacy_act/cma.
    For general questions about this matching program, contact Tennille 
Smith Parker, Director, Office of Disaster Recovery, U.S. Department of 
Housing and Urban Development, 451 7th Street SW, Room 7282, 
Washington, DC 20410, telephone number 202-708-3587. HUD welcomes and 
is prepared to receive calls from individuals who are deaf or hard of 
hearing, as well as individuals with speech or communication 
disabilities. To learn more about how to make an accessible telephone 
call, please visit: https://www.fcc.gov/consumers/guides/telecommunications-relay-service-trs. Facsimile inquiries may be sent 
to Ms. Parker at 202-708-0033. (Except for the''800'' number, these 
telephone numbers are not toll-free.) Email inquiries may be sent to 
[email protected].

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 (June 
19, 1989); and OMB Circular A-108, 81 FR 94424 (December 23, 2016).
    To support the prevention and detection of duplication of benefits, 
HUD will request data from FEMA on an as-needed basis to share with 
Community Development Block Grant disaster recovery (CDBG-DR) grantees, 
and the grantees will use the data to detect and prevent the 
duplication of benefits. CDBG-DR grantees will conduct a duplication of 
benefits review for CDBG-DR grant-funded programs and activities. HUD's 
data request will be based on the specific program requirements 
specified in an approved CDBG-DR grantee action plan. CDBG-DR grantees 
will use FEMA data received through HUD to facilitate expedited program 
implementation while preventing the duplication of benefits already 
received from FEMA. All data sharing from HUD to CDBG-DR grantees will 
occur in accordance with agreements between HUD and the CDBG-DR 
grantees that address requirements related to the use and protection of 
the data.
    Participating Agencies: U.S. Department of Housing and Urban 
Development (HUD), the state of Iowa, the state of California, the 
state of Louisiana, and the Commonwealth of the Northern Mariana 
Islands (CNMI).
    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

[[Page 15057]]

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-
180, 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 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(s): The Computer Matching Agreements describe the 
respective responsibilities of HUD and the state of Iowa, the state of 
California, the state of Louisiana, and the CNMI to determine and 
verify the accuracy of the data, eligibility for their respective 
benefits, and to preserve the confidentiality of information in 
accordance with the matching program. The requirements of the Computer 
Matching Agreements will be carried out by authorized users of the 
state of Iowa, the state of California, the state of Louisiana, and the 
CNMI (which include the grantees' authorized employees, and 
contractors). The agreements also describe the responsibilities of HUD, 
HUD's CDBG-DR grantees, and DHS-FEMA for other purposes, as described 
below.
    The Computer Matching Agreements establish the terms and conditions 
governing the CDBG-DR grantees access to, and use of FEMA's Individual 
Assistance (IA), Individual's and

[[Page 15058]]

Household Program data. All FEMA program data that HUD provides to 
CDBG-DR grantees will be shared via these Computer Matching Agreements 
between HUD and CDBG-DR grantees that reflect the requirements of the 
Computer Matching Agreement between FEMA and HUD. The data exchanged 
between HUD and CDBG-DR grantees will be used to support the 
duplication of benefits checks conducted by the grantee.
    HUD will provide FEMA data to CDBG-DR grantees, pursuant to their 
separate Computer Matching 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
 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 HUD Grantee:

 Alternate Current Contact Phone Number
 SBA Referral Flag (Y/N)
 Co-registrant Date of Birth
 Co-registrant First Name
 Co-registrant Last Name
 Co-registrant SSN
 Current Contact Phone Number
 Current Location
 Current Mailing 5 Digit Zip Code
 Current Mailing Address City
 Current Mailing Address Street
 Current Mailing State
 Current Mailing Zip 4 Digit Extension
 Damaged Dwelling Address County
 Damaged Dwelling Latitude
 Damaged Dwelling Longitude
 Damaged Dwelling Address 5 Digit Zip Code
 Damaged Dwelling Address City
 Damaged Dwelling Address Street
 Damaged Dwelling State
 Damaged Dwelling Zip Code 4 Digit Extension
 Dependents (Number in Household)
 Destroyed Flag (Y/N)
 Disaster Number
 FEMA Inspection Completed (Y/N)
 FEMA Registration Number
 Flood Zone
 Gross Income
 High Water Mark Location
 High Water Depth in Inches
 Household Member Age
 Household Member First Name
 Household Member Last Name
 Inspection Completion (Y/N)
 Insurance Settlement Flood Amount
 Insurance Settlement Other Amount
 Insurance Type (Insurance Code)
 NCOMP Flag (Y/N)
 Owner/Renter
 Personal Property Total FVL Amount (Aggregated for all 
PERSONAL PROPERTY FVL one field replaces all fields related to personal 
property damage) Personal Property Flood Damage FVL Amount
 Primary Residence (RI) (Yes/No)
 Real Property Total FVL Amount (Aggregated for all REAL 
PROPERTY FVL (one field replaces all fields related to real property 
damage) Real Property Flood Damage FVL Amount
 Registrant Date of Birth
 Registrant First Name
 Registrant Last 4 Digits of SSN
 Registrant Last Name
 Residence Type
 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)

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 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 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)

    System(s) of Records:

 DHS/FEMA-008 Disaster Recovery Assistance Files System of 
Records Notice, 78 FR 25282 (April 30, 2013), or as amended.

Bradley S. Jewitt,
Senior Agency Official for Privacy, Department of Housing & Urban 
Development.
[FR Doc. 2023-04953 Filed 3-9-23; 8:45 am]
BILLING CODE 4210-67-P