[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]


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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.

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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: http://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 http://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.

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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