Notice2022-02966
Privacy Act of 1974; Matching Program
Primary source
Metadata and text below are from the Federal Register, a public-domain U.S. government work. Always verify the official published version before relying on it for any legal matter.
Published
February 10, 2022
Effective
March 14, 2022
Issuing agencies
Housing and Urban Development Department
Abstract
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).
Full Text
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<title>Federal Register, Volume 87 Issue 28 (Thursday, February 10, 2022)</title>
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[Federal Register Volume 87, Number 28 (Thursday, February 10, 2022)]
[Notices]
[Pages 7859-7862]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[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 <a href="http://www.regulations.gov">www.regulations.gov</a> 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: <a href="https://www.dhs.gov/publication/computer-matching-agreements-and-notices">https://www.dhs.gov/publication/computer-matching-agreements-and-notices</a>.
HUD: <a href="https://www.hud.gov/program_offices/officeofadministration/privacy_act/cma">https://www.hud.gov/program_offices/officeofadministration/privacy_act/cma</a>.
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
<bullet> Name (First and Last of Applicant and Co-applicant)
<bullet> Date of Birth (Applicant and Co-Applicant)
<bullet> Social Security Number (last 4 of Applicant and Co-applicant)
<bullet> Phone Number (Applicant Alternate Phone Number, Applicant
Current Phone Number, Co-applicant Current Phone Number)
<bullet> Email Address of Applicant
<bullet> Applicant Registration Number
<bullet> Current Mailing Address (Street, City, County, State, Zip
Code)
<bullet> Current Location (as identified in applicant registration and
applicant information screen)
<bullet> Damaged Dwelling Latitude and Longitude
<bullet> Damaged Address (Street, City, County, State, Zip Code + 4
Digit Ext.)
<bullet> Access and Functional Needs (Y/N)
<bullet> Household Member Age Range (Under 5 years, 5 to 17 years, 18
to 64 years, 65 and above)
<bullet> Number of Household Members
<bullet> Number of Dependents in Household
<bullet> Current Hotel (Name, Address, City, County)
<bullet> Initial Rental Assistance Approved Date
<bullet> Direct Housing First Licensed-In Date
<bullet> Last Continued Temporary Housing Assistance Date
<bullet> Small Business Administration (SBA) HAPP Referral Flag (Y/N)
<bullet> Census Block Group ID (if applicable)
<bullet> Cause(s) of Damage from Inspection
<bullet> Destroyed Flag (Y/N)
<bullet> Disaster Number
<bullet> Flood Zone
<bullet> High Water Mark Location
<bullet> High Water Depth in Inches
<bullet> Habitability Repairs Required (Y/N)
<bullet> Gross Income (as reported at Registration)
<bullet> Insurance Types (Insurance Code)
<bullet> Level of Damage
<bullet> Owner/Renter
<bullet> Personal Property Total FEMA Verified Loss (FVL)Amount
<bullet> Personal Property Flood Damage FVL Amount
[[Page 7862]]
<bullet> Real Property Total FVL Amount (Aggregated for all REAL
PROPERTY FVL)
<bullet> Real Property Flood Damage FVL Amount
<bullet> Residence Type
<bullet> FEMA Inspection Completed (Y/N)
<bullet> Primary Residence (RI) (Yes/No)
<bullet> Household Member Age and Name (First and Last)
<bullet> Insurance Settlement Flood Amount
<bullet> Insurance Settlement Other Amount
<bullet> Non-Compliant with Flood Insurance Requirement NCOMP Flag (Y/
N)
<bullet> Temporary Housing Unit (THU)--Latest Currently Licensed-In
Date
<bullet> Total Housing Assistance Approved Amount (Aggregated
Eligibility Amount)
<bullet> Total Housing Assistance Approved Flood Damage Amount
<bullet> Total Other Assistance Approved Amount (Aggregated Eligibility
Amount)
<bullet> Total Other Assistance Flood Damage Approved Amount
<bullet> Total Other Needs Assistance Approved Amount (Aggregated
Eligibility Amount)
<bullet> Total Other Needs Assistance Flood Damage Approved Amount
<bullet> Total Personal Property Assistance Approved Amount (Aggregated
Eligibility Amount)
<bullet> Total Personal Property Assistance Flood Damage Amount
<bullet> Total Repair Assistance Approved Amount (Aggregated
Eligibility Amount)
<bullet> Total Repair Assistance Flood Damage Amount
<bullet> Total Replacement Assistance Approved Amount (Aggregated
Eligibility Amount)
B. From HUD to FEMA
<bullet> Name (First and Last of Recipient and Co-recipient)
<bullet> Social Security Number (last 4 digits of Recipient and Co-
recipient)
<bullet> Date of Birth (Recipient and Co-recipient)
<bullet> Address (Street Address, State, City, County, Zip Code)
<bullet> Number of Household Members
<bullet> 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)
<bullet> HUD Rehoused (Y/N/Unknown)
<bullet> HUD Project Code
<bullet> HUD Public Housing Agency (PHA) Code
<bullet> HUD Date of Recertification
System of Records
<bullet> DHS/FEMA-008 Disaster Recovery Assistance Files System of
Records Notice, 78 FR 25282 (April 30, 2013), or as amended.
<bullet> Inventory Management System (also known as the Public and
Indian Housing Information Center) (IMS/PIC), HUD/PIH.01, 84 FR 11117
(March 25, 2019).
<bullet> 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).
<bullet> 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
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</html>Indexed from Federal Register on February 10, 2022.
This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.