Notice2023-04953
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
March 10, 2023
Effective
April 10, 2023
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 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).
Full Text
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<title>Federal Register, Volume 88 Issue 47 (Friday, March 10, 2023)</title>
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[Federal Register Volume 88, Number 47 (Friday, March 10, 2023)]
[Notices]
[Pages 15056-15059]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[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 <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.
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: <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 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: <a href="https://www.fcc.gov/consumers/guides/telecommunications-relay-service-trs">https://www.fcc.gov/consumers/guides/telecommunications-relay-service-trs</a>. 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
<a href="/cdn-cgi/l/email-protection#3c58554f5d4f48594e634e595f534a594e457c544958125b534a"><span class="__cf_email__" data-cfemail="781c110b190b0c1d0a270a1d1b170e1d0a0138100d1c561f170e">[email protected]</span></a>.
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:
<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
<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 HUD Grantee:
<bullet> Alternate Current Contact Phone Number
<bullet> SBA Referral Flag (Y/N)
<bullet> Co-registrant Date of Birth
<bullet> Co-registrant First Name
<bullet> Co-registrant Last Name
<bullet> Co-registrant SSN
<bullet> Current Contact Phone Number
<bullet> Current Location
<bullet> Current Mailing 5 Digit Zip Code
<bullet> Current Mailing Address City
<bullet> Current Mailing Address Street
<bullet> Current Mailing State
<bullet> Current Mailing Zip 4 Digit Extension
<bullet> Damaged Dwelling Address County
<bullet> Damaged Dwelling Latitude
<bullet> Damaged Dwelling Longitude
<bullet> Damaged Dwelling Address 5 Digit Zip Code
<bullet> Damaged Dwelling Address City
<bullet> Damaged Dwelling Address Street
<bullet> Damaged Dwelling State
<bullet> Damaged Dwelling Zip Code 4 Digit Extension
<bullet> Dependents (Number in Household)
<bullet> Destroyed Flag (Y/N)
<bullet> Disaster Number
<bullet> FEMA Inspection Completed (Y/N)
<bullet> FEMA Registration Number
<bullet> Flood Zone
<bullet> Gross Income
<bullet> High Water Mark Location
<bullet> High Water Depth in Inches
<bullet> Household Member Age
<bullet> Household Member First Name
<bullet> Household Member Last Name
<bullet> Inspection Completion (Y/N)
<bullet> Insurance Settlement Flood Amount
<bullet> Insurance Settlement Other Amount
<bullet> Insurance Type (Insurance Code)
<bullet> NCOMP Flag (Y/N)
<bullet> Owner/Renter
<bullet> 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
<bullet> Primary Residence (RI) (Yes/No)
<bullet> 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
<bullet> Registrant Date of Birth
<bullet> Registrant First Name
<bullet> Registrant Last 4 Digits of SSN
<bullet> Registrant Last Name
<bullet> Residence Type
<bullet> Temporary Housing Unit (THU)--Latest Currently Licensed-in
Date
<bullet> Total Housing Assistance Approved Amount (Aggregated
Eligibility Amount)
Total Housing Assistance Approved Flood Damage Amount
<bullet> Total Other Assistance Approved Amount (Aggregated Eligibility
Amount)
[[Page 15059]]
Total Other Assistance Flood Damage Approved Amount
<bullet> Total Other Needs Assistance Approved Amount (Aggregated
Eligibility Amount) Total Other Needs Assistance Flood Damage Approved
Amount
<bullet> Total Personal Property Assistance Amount (Aggregated
Eligibility Amount)
Total Personal Property Assistance Flood Damage Amount
<bullet> Total Repair Assistance Approved Amount (Aggregated
Eligibility Amount)
Total Repair Assistance Flood Damage Amount
<bullet> Total Replacement Assistance Approved Amount (Aggregated
Eligibility Amount)
System(s) of Records:
<bullet> 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
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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.