Privacy Act of 1974, Computer Matching Program-U.S. Small Business Administration and U.S. Department of Homeland Security, Federal Emergency Management Agency, 35847-35851 [2010-15113]

Download as PDF mstockstill on DSKH9S0YB1PROD with NOTICES Federal Register / Vol. 75, No. 120 / Wednesday, June 23, 2010 / Notices for leave to intervene. Submissions should be in Portable Document Format (PDF) in accordance with NRC guidance available on the NRC public Web site at https://www.nrc.gov/site-help/esubmittals.html. A filing is considered complete at the time the documents are submitted through the NRC’s E-Filing system. To be timely, an electronic filing must be submitted to the E-Filing system no later than 11:59 p.m. Eastern Time on the due date. Upon receipt of a transmission, the E-Filing system time-stamps the document and sends the submitter an e-mail notice confirming receipt of the document. The E-Filing system also distributes an email notice that provides access to the document to the NRC Office of the General Counsel and any others who have advised the Office of the Secretary that they wish to participate in the proceeding, so that the filer need not serve the documents on those participants separately. Therefore, applicants and other participants (or their counsel or representative) must apply for and receive a digital ID certificate before a hearing request/ petition to intervene is filed so that they can obtain access to the document via the E-Filing system. A person filing electronically using the agency’s adjudicatory E-Filing system may seek assistance by contacting the NRC Meta System Help Desk through the ‘‘Contact Us’’ link located on the NRC Web site at https:// www.nrc.gov/site-help/esubmittals.html, by e-mail at MSHD.Resource@nrc.gov, or by a tollfree call at (866) 672–7640. The NRC Meta System Help Desk is available between 8 a.m. and 8 p.m., Eastern Time, Monday through Friday, excluding government holidays. Participants who believe that they have a good cause for not submitting documents electronically must file an exemption request, in accordance with 10 CFR 2.302(g), with their initial paper filing requesting authorization to continue to submit documents in paper format. Such filings must be submitted by: (1) First class mail addressed to the Office of the Secretary of the Commission, U.S. Nuclear Regulatory Commission, Washington, DC 20555– 0001, Attention: Rulemaking and Adjudications Staff; or (2) courier, express mail, or expedited delivery service to the Office of the Secretary, Sixteenth Floor, One White Flint North, 11555 Rockville Pike, Rockville, Maryland, 20852, Attention: Rulemaking and Adjudications Staff. Participants filing a document in this manner are responsible for serving the document on all other participants. VerDate Mar<15>2010 16:17 Jun 22, 2010 Jkt 220001 Filing is considered complete by firstclass mail as of the time of deposit in the mail, or by courier, express mail, or expedited delivery service upon depositing the document with the provider of the service. A presiding officer, having granted an exemption request from using E-Filing, may require a participant or party to use E-Filing if the presiding officer subsequently determines that the reason for granting the exemption from use of E-Filing no longer exists. Documents submitted in adjudicatory proceedings will appear in NRC’s electronic hearing docket, which is available to the public at https:// ehd.nrc.gov/EHD_Proceeding/home.asp, unless excluded pursuant to an order of the Commission, or the presiding officer. Participants are requested not to include personal privacy information, such as social security numbers, home addresses, or home phone numbers in their filings, unless an NRC regulation or other law requires submission of such information. With respect to copyrighted works, except for limited excerpts that serve the purpose of the adjudicatory filings and would constitute a Fair Use application, participants are requested not to include copyrighted materials in their submission. If a person other than the licensee requests a hearing, that person shall set forth with particularity the manner in which his interest is adversely affected by this Order and shall address the criteria set forth in 10 CFR 2.309(d). If a hearing is requested by a licensee or a person whose interest is adversely affected, the Commission will issue an Order designating the time and place of any hearings. In the absence of any request for hearing, or written approval of an extension of time in which to request a hearing, the provisions specified in Section IV above shall be final 20 days from the date this Order is published in the Federal Register without further order or proceedings. If an extension of time for requesting a hearing has been approved, the provisions specified in Section IV shall be final when the extension expires if a hearing request has not been received. If payment has not been made by that time, the matter may be referred to the Attorney General, for collection. In the event the Licensee requests a hearing as provided above, the issues to be considered at such hearing shall be: (a) Whether the Licensee was in violation of the Commission’s requirements as set forth in the Notice referenced in Section II above, and (b) whether, on the basis of such violation, this Order should be sustained. PO 00000 Frm 00084 Fmt 4703 Sfmt 4703 35847 Dated at Rockville, Maryland, this 15th day of June 2010. For the Nuclear Regulatory Commission. Roy P. Zimmerman, Director, Office of Enforcement. [FR Doc. 2010–15198 Filed 6–22–10; 8:45 am] BILLING CODE 7590–01–P SMALL BUSINESS ADMINISTRATION Privacy Act of 1974, Computer Matching Program—U.S. Small Business Administration and U.S. Department of Homeland Security, Federal Emergency Management Agency Small Business Administration. Notice of computer matching program: U.S. Small Business Administration and U.S. Department of Homeland Security, Federal Emergency Management Agency. AGENCY: ACTION: SUMMARY: The U.S. Small Business Administration plans to participate as a source agency in a computer matching program with and U.S. Department of Homeland Security, Federal Emergency Management Agency. The purpose of this agreement is to set forth the terms under which a computer matching program will be conducted. The matching program will ensure that applicants for SBA Disaster loans and DHS/FEMA Other Needs Assistance have not received a duplication of benefits for the same disaster. This will be accomplished by matching specific DHS/FEMA disaster, as established in the computer matching agreement. DATES: Effective Date: May 21, 2010. SUPPLEMENTARY INFORMATION: I. Introduction The Small Business Administration (SBA) and the Department of Homeland Security, Federal Emergency Management Agency (DHS/FEMA) have entered into this Computer Matching Agreement (Agreement) pursuant to section (o) of 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 as amended by the Computer Matching Privacy Protection Act Amendments of 1990 (Pub. L. 101–508, 5 U.S.C. 552a(p) (1990)). For purposes of this Agreement, both SBA and DHS/ FEMA are the recipient agency and the source agency as defined in 5 U.S.C. 552a(a)(9), (11). For this reason, the financial and administrative responsibilities will be evenly distributed between SBA and DHS/ FEMA unless otherwise called out in this agreement. E:\FR\FM\23JNN1.SGM 23JNN1 35848 Federal Register / Vol. 75, No. 120 / Wednesday, June 23, 2010 / Notices instructions on Federal agency responsibilities for maintaining records about individuals. II. Purpose and Legal Authority A. Purpose of the Matching Program The purpose of this Agreement is to set forth the terms under which a computer-matching program will be conducted. The matching program will ensure that applicants for SBA Disaster Loans and DHS/FEMA Other Needs Assistance have not received a duplication of benefits for the same disaster. This will be accomplished by matching specific DHS/FEMA disaster data with SBA disaster loan application and decision data for a declared disaster, as set forth in this Agreement. B. Legal Authority The legal authority for undertaking this matching program is contained in section 7(b)(1) of the Small Business Act (15 U.S.C. 636(b)(1)) and in section 312(a) of the Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 5155), which authorizes agencies to ensure that assistance provided by each is not duplicated by another source. The Computer Matching and Privacy Protection Act of 1988 (Pub. L. 100– 503), as amended, establishes procedural requirements for agencies to follow when engaging in computermatching activities. III. Justification and Expected Results mstockstill on DSKH9S0YB1PROD with NOTICES A. Justification It is the policy of both SBA and DHS/ FEMA that the agencies will not provide disaster assistance or loan funds to individuals or businesses that have already received benefits from another source for the same disaster. One way to accomplish this objective is to conduct a computer-matching program between the agencies and compare the data of individuals, businesses, or other entities that may have received duplicative aid for a specific disaster from SBA and DHS/FEMA. It is also recognized that the programs covered by this Agreement are part of a Government-wide initiative (Executive Order 13411 Improving Assistance for Disaster Victims, dated August 29, 2006) to identify duplication of benefits received by individuals, businesses, or other entities for the same disaster. That initiative and this matching program are consistent with Office of Management and Budget (OMB) guidance on interpreting the provisions of the Computer Matching and Privacy Protection Act of 1988 (54 FR 25818, June 19, 1989); and OMB Circular A– 130, Appendix I, ‘‘Federal Agency Responsibilities for Maintaining Records About Individuals,’’ VerDate Mar<15>2010 16:17 Jun 22, 2010 Jkt 220001 B. Expected Results In processing applications for assistance for both DHS/FEMA and SBA, there are several scenarios where duplicate partial or full applications are received. For example, a husband and wife may both apply for assistance, not knowing the other had done so; a person may apply to both DHS/FEMA and SBA; or system failures may abort a registration while in progress and generate a duplicate registration when the person returns to try again, to name a few. Based on historical data, DHS/FEMA and SBA anticipate that the computer match will reveal instances where such duplication results in excessive or duplicate assistance payments. For example, DHS/FEMA received 2,160,284 registrations in response to hurricanes Katrina and Rita, and referred 67,023 of those registrations to SBA as potential duplicates. Excluding the Katrina and Rita disasters, DHS/ FEMA received 7,070,068 registrations from 1998–2009, and referred 13,809 potential duplicates to SBA. The data illustrates that the number of possible duplicates, while typically a low percentage of total registrations, could rise or fall based on a change in the volume of referrals. The data suggests that the expected results of the match are difficult to quantify precisely due to the unpredictable nature of disasters. IV. Records Description A. Systems of Records and Estimated Number of Records Involved DHS/FEMA accesses records from its DHS/FEMA 008—Disaster Recovery Assistance Files (September 24, 2009, 74 FR 48763) system of records through its National Emergency Management Information System (NEMIS), and matches them to the records that SBA provides from its SBA—020 Disaster Loan Case Files (April 1, 2009, 74 FR 14911) system of records. SBA uses its Disaster Credit Management System (DCMS) to accesses records from its SBA—020 Disaster Loan Case Files (April 1, 2009, 74 FR 14911) system of records and match them to the records that DHS/FEMA provides from its DHS/ FEMA 008—Disaster Recovery Assistance Files (September 24, 2009, 74 FR 48763) system of records. Under this agreement, DHS/FEMA and SBA exchange data for: (1) Initial registrations; (2) to update the SBA loan status, and (3) to check for a duplication of benefits. PO 00000 Frm 00085 Fmt 4703 Sfmt 4703 1. For the initial registration match, SBA is the recipient of data from DHS/ FEMA. DHS/FEMA will extract and provide to SBA the following information: Registrant data; registration data; registration damage; insurance policy data; registration occupants’ data; registration vehicles data; National Flood Insurance Reform Act of 1994 registration data; and registration flood zone data. 2. For the Duplication of Benefits Match, SBA is the recipient of data from DHS/FEMA. DHS/FEMA will extract and provide to SBA the following information for the Automated Duplication of Benefits Interface: Registrant and damaged property data; home application assistance data; ‘‘other assistance’’ data; verification data; and inspection data. 3. For the Status Update match, DHS/ FEMA is the recipient of data from SBA. SBA will extract and provide to DHS/ FEMA personal information about SBA applicants; application data; loss to personal property data; loss mitigation data; SBA loan data; and SBA event data. 4. Estimated number of records. A definitive answer cannot be given as to how many records will be matched as it will depend on the number of individuals, businesses or other entities that suffer damage from a declared disaster and that ultimately apply for Federal disaster aid. B. Description of the Match 1. DHS/FEMA—SBA automated import/export process for initial registrations. SBA is the recipient (i.e. matching) agency. SBA will match records from its SBA–020 Disaster Loan Case Files system of records (April 1, 2009, 74 FR 14911) and non-disaster related applications accessed via the Disaster Credit Management System (DCMS), to the records extracted and provided by DHS/FEMA from its DHS/ FEMA 008—Disaster Recovery Assistance Files system of records (September 24, 2009, 74 FR 48763). DHS/FEMA will provide to SBA the following information: Personal information about the disaster assistance registrant; disaster assistance registration data; property damage data; insurance policy data; property occupant data; vehicle registration data; National Flood Insurance Program data; and Flood Zone data. SBA will conduct the match using the FEMA Disaster ID Number, FEMA Registration ID Number, Product (Home/Business) and Registration Occupant Social Security Number to create a New PreApplication. The records SBA receives are deemed to be DHS/FEMA registrants E:\FR\FM\23JNN1.SGM 23JNN1 mstockstill on DSKH9S0YB1PROD with NOTICES Federal Register / Vol. 75, No. 120 / Wednesday, June 23, 2010 / Notices who are referred to SBA for disaster loan assistance. Controls on the DHS/ FEMA export of data should ensure that SBA only receives unique and valid referral records. When SBA matches its records to those provided by DHS/FEMA, two types of matches are possible: A full match and a partial match. A full match exists when an SBA record matches a DHS/FEMA record on each of the following data fields: FEMA Disaster ID Number, FEMA Registration ID Number, Product (Home/Business), and Registration Occupant Social Security Number. A partial match exists when an SBA record matches a DHS/FEMA record on one or more, but not all, of the data fields listed above. If either a full or partial match is found during this process, the record is placed in a separate queue for manual examination, investigation, and resolution. Nonmatched records, those for which no SBA registration is found for a given DHS/FEMA registration, are placed into the regular Pre-Application Queue. 2. DHS/FEMA—SBA duplication of benefits automated match process. Both DHS/FEMA and SBA will act as the recipient (i.e. matching) agency. SBA will extract and provide to DHS/FEMA data from its SBA–020 Disaster Loan Case File system of records (April 1, 2009, 74 FR 14911), accessed via the DCMS. DHS/FEMA will match the data SBA provides to records in its DHS/ FEMA—008 Disaster Recovery Assistance Files system of records (September 24, 2009, 74 FR 48763), accessed via NEMIS, on the FEMA Registration ID Number. SBA will issue a data call to FEMA requesting that FEMA return any records in NEMIS for which a match was found. For each match found, FEMA sends all of its applicant information to SBA so that SBA may match these records with its registrant data in the DCMS. SBA’s DCMS manual process triggers an automated interface to query NEMIS using the FEMA Registration ID Number as the unique identifier. DHS/FEMA will return the fields described below for the matching DHS/FEMA record, if any, and no result when the FEMA Registration ID Number is not matched. DHS/FEMA will provide the FEMA Disaster Number, FEMA Registration Identifier, Registrant and Co-registrant Name, Mailing Address, Phone Number, Social Security Number, Damaged Property data, National Flood Insurance Reform Act data, Flood Zone data, FEMA Housing Assistance and other Assistance data, Program, Award Level, Eligibility, and Approval or Rejection data. SBA will then proceed with its duplication of benefits determination. VerDate Mar<15>2010 16:17 Jun 22, 2010 Jkt 220001 3. DHS/FEMA–SBA status update automated match process. DHS/FEMA will act as the recipient (i.e. matching) agency. DHS/FEMA will match records from its DHS/FEMA 008—Disaster Recovery Assistance Files system of records (September 24, 2009, 74 FR 48763), to the records extracted and provided by SBA from its SBA–020 Disaster Loan Case File system of records (April 1, 2009, 74 FR 14911). The purpose of this process is to update DHS/FEMA registrant information with the status of SBA loan determinations for said registrants. The records provided by SBA will be automatically imported into NEMIS to update the status of existing registration records. The records DHS/FEMA receives from SBA are deemed to be DHS/FEMA registrants who were referred to SBA for disaster loan assistance. Controls on the SBA export of data should ensure that DHS/FEMA only receives unique and valid referral records. SBA will provide to DHS/FEMA the following information: Personal information about SBA applicants; application data; loss to personal property data; loss mitigation data; SBA loan data; and SBA event data. DHS/ FEMA will conduct the match using FEMA Disaster Number, and FEMA Registration ID Number. Loan data for matched records will be recorded and displayed in NEMIS. Loan data will also be run through NEMIS business rules; potentially duplicative categories of assistance are sent to the National Processing Service Centers Program Review process for manual evaluation of any duplication of benefits. C. Projected Starting and Completion Dates This Agreement will take effect 40 days from the date copies of this signed Agreement are sent to both Houses of Congress or 30 days from the date the Computer Matching Notice is published in the Federal Register, whichever is later, depending on whether comments are received which would result in a contrary determination (Commencement Date). SBA is the agency that will: 1. Transmit this agreement to Congress. 2. Notify OMB. 3. Publish the Computer Matching Notice in the Federal Register. 4. Address public comments that may result from publication in the Federal Register. Matches under this program will be conducted for every Presidential disaster declaration. PO 00000 Frm 00086 Fmt 4703 Sfmt 4703 35849 V. Notice Procedures A. DHS/FEMA Recipients FEMA Form 90–69 ‘‘Application/ Registration for Disaster Assistance,’’ Form 90–69B ‘‘Declaration and Release’’ (both included in OMB No. 1660–0002), and various other forms used for financial assistance benefits immediately following a declared disaster, use a Privacy Act statement to provide notice to applicants regarding the use of their information. The Privacy Act statements provide notice of computer matching or the sharing of their records consistent with this Agreement. The Privacy Act statement is read to call center applicants and is displayed and agreed to by Internet applicants. Also, FEMA Form 90–69B requires the applicant’s signature in order to receive financial assistance. Additionally, the Federal Emergency Management Agency Disaster Assistance Improvement Program Privacy Impact Assessment and Department of Homeland Security Federal Emergency Management Agency—008 Disaster Recovery Assistance Files System of Records Notice (September 24, 2009, 74 FR 48763) provide public notice. B. SBA Recipients SBA Forms 5 ‘‘Disaster Business Loan Application,’’ 5C ‘‘Disaster Home Loan Application’’ and the Electronic Loan Application (ELA) include notice to all applicants that in the event of duplication of benefits from DHS/FEMA or any other source, the Agency may verify eligibility through a computer matching program with another Federal or state agency and reduce the amount of the applicant’s loan. All applicants are required to acknowledge that they have received this notification. Additionally, the Small Business Administration Disaster Credit Management System Privacy Impact Assessment and Small Business Administration—020 Disaster Loan Case File system of records (April 1, 2009, 74 FR 14911) provide public notice. VI. Verification Procedure A. DHS/FEMA–SBA Automated Import/ Export Process for Initial Registrations The matching program for the initial contact information for individuals and businesses will be accomplished by mapping registrant data for DHS/FEMA fields described earlier to the Disaster Credit Management System application data fields. During the automated import process, a computer match is performed against existing Disaster Credit Management System E:\FR\FM\23JNN1.SGM 23JNN1 35850 Federal Register / Vol. 75, No. 120 / Wednesday, June 23, 2010 / Notices mstockstill on DSKH9S0YB1PROD with NOTICES Applications as described in the Section.IV,1. FEMA’s system of record for the registration data is known as Department of Homeland Security Federal Emergency Management Agency—008 Disaster Recovery Assistance Files system of records (September 24, 2009, 74 FR 48763). If the registrant’s data does not match an existing Pre-Application or Application in the SBA’s Disaster Credit Management System, then the registrant’s data will be inserted into the Disaster Credit Management System to create a new Pre-Application and an SBA application for disaster assistance may be mailed to the registrant. If the registrant’s data does match an existing Pre-Application or Application in SBA’s Disaster Credit Management System, it indicates that there may be an existing Pre-Application/Application for the registrant in the Disaster Credit Management System. The system will insert the record within the SBA’s Disaster Credit Management System but will identify it as a potential duplicate. This will be further reviewed by SBA employees to determine whether the data reported by the DHS/FEMA registrant is a duplicate of previously submitted registration information. Duplicate Pre-Applications or Applications will not be processed. DHS/FEMA takes steps to ensure that only valid and unique registrants are referred to SBA through the computer matching process. B. DHS/FEMA–SBA Duplication of Benefits Automated Match Process The matching program is to ensure that recipients of SBA Disaster Loans have not received duplicative benefits for the same disaster from DHS/FEMA. This will be accomplished by matching the DHS/FEMA Registration ID Number. If the data matches, specific to the application or approved loan, the dollar values for the benefits issued by DHS/ FEMA may reduce the eligible amount of the disaster loan or may cause SBA loan proceeds to be used to repay the grant program in the amount of the duplicated assistance. DHS/FEMA and SBA are responsible for verifying the submissions of data used during each respective benefit process and for resolving any discrepancies or inconsistencies on an individual basis. Authorized users of both the Disaster Credit Management System and National Emergency Management Information System will not make a final decision to reduce benefits of any financial assistance to an applicant or take other adverse action against such applicant as the result of information produced by this matching VerDate Mar<15>2010 16:17 Jun 22, 2010 Jkt 220001 program until an employee of the agency taking such action has independently verified such information. The matching program for duplication of benefits will be executed as part of loan processing and prior to each disbursement on an approved SBA disaster loan. Any match indicating that there is a possible duplicated benefit will be further reviewed by an SBA employee to determine whether the FEMA grant monies reported by the applicant or borrower are correct and matches the data reported by DHS/ FEMA. If there is a duplication of benefits, the amount of the SBA disaster loan will be reduced accordingly after providing applicant with written notice of the changes, by processing a loan modification to reduce the loan amount or, where appropriate, by using the SBA loan proceeds to repay the FEMA grant program. VII. Disposition of Matched Items After a computer match has been performed, records of applicants that are not identified as being a recipient of both DHS/FEMA and SBA benefits will be eliminated from the Disaster Credit Management System and destroyed. Other identifiable records that may be created by SBA or DHS/FEMA during the course of the matching program will be destroyed as soon as they have served the matching program’s purpose, and under any legal retention requirements established in conjunction with the National Archives and Records Administration or other authority. Destruction will be by shredding, burning or electronic erasure, as appropriate. Neither SBA nor DHS/FEMA will create a separate permanent file consisting of information resulting from the specific matching programs covered by this Agreement except as necessary to monitor the results of the matching program. Information generated through the matches will be destroyed as soon as follow-up processing from the matches has been completed unless the information is required to be preserved by the evidentiary process. VIII. Security Procedures SBA and DHS/FEMA agree to the following information security procedures: A. Administrative. The privacy of the subject individuals will be protected by strict adherence to the provisions of the Privacy Act of 1974 (5 U.S.C. 552a). SBA and DHS/FEMA agree that data exchange and any records created during the course of this matching program will be maintained and PO 00000 Frm 00087 Fmt 4703 Sfmt 4703 safeguarded by each agency in such a manner as to restrict access to only those individuals, including contractors, who have a legitimate need to see them in order to accomplish the matching program’s purpose. Persons with authorized access to the information will be made aware of their responsibilities pursuant to this Agreement. B. Technical. DHS/FEMA will transmit the data (specified in this Agreement) to SBA via the following process: 1. SBA will pull application data from FEMA Disaster Assistance Center (DAC) via a Web services based Simple Object Access Protocol, Extensible Markup Language/Hypertext Transfer Protocol Secure request. The data will be used to create applications inside the Disaster Credit Management System. For each record, a response will be sent back to FEMA DAC indicating success or failure. The SBA/Disaster Credit Management System to DHS/FEMA Disaster Assistance Center export of referral data (specified in this Agreement) will occur via a Web services based Simple Object Access Protocol, Extensible Markup Language/Hypertext Transfer Protocol Secure request. The DHS/FEMA Duplication of Benefits Interface will be initiated from the Disaster Credit Management System to the DHS/FEMA Disaster Recovery Assistance-National Emergency Management Information System through a secured Virtual Private Network tunnel, open only to SBA domain Internet Protocol addresses. The results of the query are returned to the Disaster Credit Management System in real-time and populated in the Disaster Credit Management System for delegated SBA staff to use in the determination of duplication of benefits. C. Physical. SBA and DHS/FEMA agree to maintain all automated matching records in a secured computer environment that includes the use of authorized access codes (passwords) to restrict access. Those records will be maintained under conditions that restrict access to persons who need them in connection with official duties related to the matching process. D. On-Site inspections. SBA and DHS/ FEMA may make on-site inspections of the other agency’s recordkeeping and security practices, or make provisions beyond those in this Agreement to ensure adequate safeguarding of records exchanged. E:\FR\FM\23JNN1.SGM 23JNN1 Federal Register / Vol. 75, No. 120 / Wednesday, June 23, 2010 / Notices IX. Records Usage, Duplication and Redisclosure Restrictions SBA and DHS/FEMA agree to the following restrictions on use, duplication, and disclosure of information furnished by the other agency. A. Records obtained for this matching program or created by the match will not be disclosed outside the agency except as may be essential to conduct the matching program, or as may be required by law. Each agency will obtain the written permission of the other agency before making such disclosure (see routine uses in Department of Homeland Security Federal Emergency Management Agency—008 Disaster Recovery Assistance Files system of records (September 24, 2009, 74 FR 48763) and Small Business Administration—020 Disaster Loan Case File system of records (April 1, 2009, 74 FR 14911). B. Records obtained for this matching program or created by the match will not be disseminated within the agency except on a need-to-know basis, nor will they be used for any purpose other than that expressly described in this Agreement. Information concerning ‘‘non-matching’’ individuals, businesses or other entities will not be used or disclosed by either agency for any purpose. C. Data or information exchanged will not be duplicated unless essential to the conduct of the matching program. All stipulations in this Agreement will apply to any duplication. D. If required to disclose these records to a state or local agency or to a government contractor in order to accomplish the matching program’s purpose, each agency will obtain the written agreement of that entity to abide by the terms of this Agreement. E. Each agency will keep an accounting of disclosure of an individual’s record as required by section 552a(c) of the Privacy Act and will make the accounting available upon request by the individual or other agency. mstockstill on DSKH9S0YB1PROD with NOTICES X. Records Accuracy Assessments DHS/FEMA and SBA attest that the quality of the specific records to be used in this matching program is assessed to be at least 99% accurate. The possibility of any erroneous match is extremely small. In order to apply for assistance online via the Disaster Assistance Center (DAC) portal an applicant’s name, address, Social Security Number, and date of birth are sent to a commercial database provider to perform identity VerDate Mar<15>2010 16:17 Jun 22, 2010 Jkt 220001 verification. The identity verification ensures that a person exists with the provided credentials. In the rare instances where the applicant’s identity is not verified online or the applicant chooses, the applicants must call one of the DHS/FEMA call centers to complete the registrations. The identity verification process is performed again. Depending on rare circumstances, an applicant is allowed to register using an ersatz Social Security Number. Applicants must update their Social Security Number and pass the identity verification to obtain assistance. XI. Comptroller General Access The parties authorize the Comptroller General of the United States, upon request, to have access to all SBA and DHS/FEMA records necessary to monitor or verify compliance with this matching agreement. This matching agreement also authorizes the Comptroller General to inspect any records used in the matching process that are covered by this matching agreement. (31 U.S.C. 717 and 5 U.S.C. 552a(b)(10)). XII. Duration of Agreement The Agreement may be renewed, terminated or modified as follows: A. Renewal or Termination. This Agreement will become effective in accordance with the terms set forth in paragraph IV.C and will remain in effect for 18 months from the commencement date. At the end of this period, this Agreement may be renewed for a period of up to one additional year if the Data Integrity Board of each agency determines within three months before the expiration date of this Agreement that the program has been conducted in accordance with this Agreement and will continue to be conducted without change. Either agency not wishing to renew this Agreement should notify the other in writing of its intention not to renew at least three months before the expiration date of this Agreement. Either agency wishing to terminate this Agreement before its expiration date should notify the other in writing of its wish to terminate and the desired date of termination. B. Modification of the Agreement. This Agreement may be modified at any time in writing if the written modification conforms to the requirements of the Privacy Act and receives approval by the participant agency Data Integrity Boards. XIII. Reimbursement of Matching Costs SBA and DHS/FEMA will bear their own costs for this program. PO 00000 Frm 00088 Fmt 4703 Sfmt 4703 35851 XIV. Data Integrity Board Review/ Approval SBA and DHS/FEMA’s Data Integrity Boards will review and approve this Agreement prior to the implementation of this matching program. Disapproval by either Data Integrity Board may be appealed in accordance with the provisions of the Computer Matching and Privacy Protection Act of 1988, as amended. Further, the Data Integrity Boards will perform an annual review of this matching program. SBA and DHS/ FEMA agree to notify the Chairs of each Data Integrity Board of any changes to or termination of this Agreement. XV. Points of Contacts and Approvals For general information please contact: Thomas R. McQuillan (202– 646–3323), Privacy Officer, Federal Emergency Management Agency, Department of Homeland Security; and Ethel Matthews (202–205–7173), Senior Privacy Advisor, Office of the Chief Information Officer, Small Business Administration. Paul T. Christy, Acting Chief Information Officer/Chief Privacy Officer. [FR Doc. 2010–15113 Filed 6–22–10; 8:45 am] BILLING CODE 8025–01–P OFFICE OF SCIENCE AND TECHNOLOGY POLICY Partially Closed Meeting of the President’s Council of Advisors on Science and Technology ACTION: Public Notice. SUMMARY: This notice sets forth the schedule and summary agenda for a partially closed meeting of the President’s Council of Advisors on Science and Technology (PCAST), and describes the functions of the Council. Notice of this meeting is required under the Federal Advisory Committee Act (FACA), 5 U.S.C., App. DATES: July 16, 2010. ADDRESSES: The meeting will be held at the Keck Center of the National Academies, 500 5th Street, NW., Room Keck 100, Washington, DC. Type of Meeting: Open and Closed. Proposed Schedule and Agenda: The President’s Council of Advisors on Science and Technology (PCAST) is scheduled to meet in open session on July 16, 2010 from 10 a.m.–5 p.m. with a lunch break from 12:30 p.m. to 2 p.m. Open Portion of Meeting: During this open meeting, PCAST is tentatively scheduled to hear presentations on space policy and science, technology, E:\FR\FM\23JNN1.SGM 23JNN1

Agencies

[Federal Register Volume 75, Number 120 (Wednesday, June 23, 2010)]
[Notices]
[Pages 35847-35851]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2010-15113]


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SMALL BUSINESS ADMINISTRATION


Privacy Act of 1974, Computer Matching Program--U.S. Small 
Business Administration and U.S. Department of Homeland Security, 
Federal Emergency Management Agency

AGENCY: Small Business Administration.

ACTION: Notice of computer matching program: U.S. Small Business 
Administration and U.S. Department of Homeland Security, Federal 
Emergency Management Agency.

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SUMMARY: The U.S. Small Business Administration plans to participate as 
a source agency in a computer matching program with and U.S. Department 
of Homeland Security, Federal Emergency Management Agency. The purpose 
of this agreement is to set forth the terms under which a computer 
matching program will be conducted. The matching program will ensure 
that applicants for SBA Disaster loans and DHS/FEMA Other Needs 
Assistance have not received a duplication of benefits for the same 
disaster. This will be accomplished by matching specific DHS/FEMA 
disaster, as established in the computer matching agreement.

DATES: Effective Date: May 21, 2010.

SUPPLEMENTARY INFORMATION:

I. Introduction

    The Small Business Administration (SBA) and the Department of 
Homeland Security, Federal Emergency Management Agency (DHS/FEMA) have 
entered into this Computer Matching Agreement (Agreement) pursuant to 
section (o) of 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 as amended by the Computer Matching Privacy Protection Act 
Amendments of 1990 (Pub. L. 101-508, 5 U.S.C. 552a(p) (1990)). For 
purposes of this Agreement, both SBA and DHS/FEMA are the recipient 
agency and the source agency as defined in 5 U.S.C. 552a(a)(9), (11). 
For this reason, the financial and administrative responsibilities will 
be evenly distributed between SBA and DHS/FEMA unless otherwise called 
out in this agreement.

[[Page 35848]]

II. Purpose and Legal Authority

A. Purpose of the Matching Program

    The purpose of this Agreement is to set forth the terms under which 
a computer-matching program will be conducted. The matching program 
will ensure that applicants for SBA Disaster Loans and DHS/FEMA Other 
Needs Assistance have not received a duplication of benefits for the 
same disaster. This will be accomplished by matching specific DHS/FEMA 
disaster data with SBA disaster loan application and decision data for 
a declared disaster, as set forth in this Agreement.

B. Legal Authority

    The legal authority for undertaking this matching program is 
contained in section 7(b)(1) of the Small Business Act (15 U.S.C. 
636(b)(1)) and in section 312(a) of the Robert T. Stafford Disaster 
Relief and Emergency Assistance Act (42 U.S.C. 5155), which authorizes 
agencies to ensure that assistance provided by each is not duplicated 
by another source.
    The Computer Matching and Privacy Protection Act of 1988 (Pub. L. 
100-503), as amended, establishes procedural requirements for agencies 
to follow when engaging in computer-matching activities.

III. Justification and Expected Results

A. Justification

    It is the policy of both SBA and DHS/FEMA that the agencies will 
not provide disaster assistance or loan funds to individuals or 
businesses that have already received benefits from another source for 
the same disaster. One way to accomplish this objective is to conduct a 
computer-matching program between the agencies and compare the data of 
individuals, businesses, or other entities that may have received 
duplicative aid for a specific disaster from SBA and DHS/FEMA.
    It is also recognized that the programs covered by this Agreement 
are part of a Government-wide initiative (Executive Order 13411 
Improving Assistance for Disaster Victims, dated August 29, 2006) to 
identify duplication of benefits received by individuals, businesses, 
or other entities for the same disaster. That initiative and this 
matching program are consistent with Office of Management and Budget 
(OMB) guidance on interpreting the provisions of the Computer Matching 
and Privacy Protection Act of 1988 (54 FR 25818, June 19, 1989); and 
OMB Circular A-130, Appendix I, ``Federal Agency Responsibilities for 
Maintaining Records About Individuals,'' instructions on Federal agency 
responsibilities for maintaining records about individuals.

B. Expected Results

    In processing applications for assistance for both DHS/FEMA and 
SBA, there are several scenarios where duplicate partial or full 
applications are received. For example, a husband and wife may both 
apply for assistance, not knowing the other had done so; a person may 
apply to both DHS/FEMA and SBA; or system failures may abort a 
registration while in progress and generate a duplicate registration 
when the person returns to try again, to name a few.
    Based on historical data, DHS/FEMA and SBA anticipate that the 
computer match will reveal instances where such duplication results in 
excessive or duplicate assistance payments. For example, DHS/FEMA 
received 2,160,284 registrations in response to hurricanes Katrina and 
Rita, and referred 67,023 of those registrations to SBA as potential 
duplicates. Excluding the Katrina and Rita disasters, DHS/FEMA received 
7,070,068 registrations from 1998-2009, and referred 13,809 potential 
duplicates to SBA. The data illustrates that the number of possible 
duplicates, while typically a low percentage of total registrations, 
could rise or fall based on a change in the volume of referrals. The 
data suggests that the expected results of the match are difficult to 
quantify precisely due to the unpredictable nature of disasters.

IV. Records Description

A. Systems of Records and Estimated Number of Records Involved

    DHS/FEMA accesses records from its DHS/FEMA 008--Disaster Recovery 
Assistance Files (September 24, 2009, 74 FR 48763) system of records 
through its National Emergency Management Information System (NEMIS), 
and matches them to the records that SBA provides from its SBA--020 
Disaster Loan Case Files (April 1, 2009, 74 FR 14911) system of 
records. SBA uses its Disaster Credit Management System (DCMS) to 
accesses records from its SBA--020 Disaster Loan Case Files (April 1, 
2009, 74 FR 14911) system of records and match them to the records that 
DHS/FEMA provides from its DHS/FEMA 008--Disaster Recovery Assistance 
Files (September 24, 2009, 74 FR 48763) system of records. Under this 
agreement, DHS/FEMA and SBA exchange data for: (1) Initial 
registrations; (2) to update the SBA loan status, and (3) to check for 
a duplication of benefits.
    1. For the initial registration match, SBA is the recipient of data 
from DHS/FEMA. DHS/FEMA will extract and provide to SBA the following 
information: Registrant data; registration data; registration damage; 
insurance policy data; registration occupants' data; registration 
vehicles data; National Flood Insurance Reform Act of 1994 registration 
data; and registration flood zone data.
    2. For the Duplication of Benefits Match, SBA is the recipient of 
data from DHS/FEMA. DHS/FEMA will extract and provide to SBA the 
following information for the Automated Duplication of Benefits 
Interface: Registrant and damaged property data; home application 
assistance data; ``other assistance'' data; verification data; and 
inspection data.
    3. For the Status Update match, DHS/FEMA is the recipient of data 
from SBA. SBA will extract and provide to DHS/FEMA personal information 
about SBA applicants; application data; loss to personal property data; 
loss mitigation data; SBA loan data; and SBA event data.
    4. Estimated number of records. A definitive answer cannot be given 
as to how many records will be matched as it will depend on the number 
of individuals, businesses or other entities that suffer damage from a 
declared disaster and that ultimately apply for Federal disaster aid.

B. Description of the Match

    1. DHS/FEMA--SBA automated import/export process for initial 
registrations. SBA is the recipient (i.e. matching) agency. SBA will 
match records from its SBA-020 Disaster Loan Case Files system of 
records (April 1, 2009, 74 FR 14911) and non-disaster related 
applications accessed via the Disaster Credit Management System (DCMS), 
to the records extracted and provided by DHS/FEMA from its DHS/FEMA 
008--Disaster Recovery Assistance Files system of records (September 
24, 2009, 74 FR 48763). DHS/FEMA will provide to SBA the following 
information: Personal information about the disaster assistance 
registrant; disaster assistance registration data; property damage 
data; insurance policy data; property occupant data; vehicle 
registration data; National Flood Insurance Program data; and Flood 
Zone data. SBA will conduct the match using the FEMA Disaster ID 
Number, FEMA Registration ID Number, Product (Home/Business) and 
Registration Occupant Social Security Number to create a New Pre-
Application. The records SBA receives are deemed to be DHS/FEMA 
registrants

[[Page 35849]]

who are referred to SBA for disaster loan assistance. Controls on the 
DHS/FEMA export of data should ensure that SBA only receives unique and 
valid referral records.
    When SBA matches its records to those provided by DHS/FEMA, two 
types of matches are possible: A full match and a partial match. A full 
match exists when an SBA record matches a DHS/FEMA record on each of 
the following data fields: FEMA Disaster ID Number, FEMA Registration 
ID Number, Product (Home/Business), and Registration Occupant Social 
Security Number. A partial match exists when an SBA record matches a 
DHS/FEMA record on one or more, but not all, of the data fields listed 
above. If either a full or partial match is found during this process, 
the record is placed in a separate queue for manual examination, 
investigation, and resolution. Non-matched records, those for which no 
SBA registration is found for a given DHS/FEMA registration, are placed 
into the regular Pre-Application Queue.
    2. DHS/FEMA--SBA duplication of benefits automated match process. 
Both DHS/FEMA and SBA will act as the recipient (i.e. matching) agency. 
SBA will extract and provide to DHS/FEMA data from its SBA-020 Disaster 
Loan Case File system of records (April 1, 2009, 74 FR 14911), accessed 
via the DCMS. DHS/FEMA will match the data SBA provides to records in 
its DHS/FEMA--008 Disaster Recovery Assistance Files system of records 
(September 24, 2009, 74 FR 48763), accessed via NEMIS, on the FEMA 
Registration ID Number. SBA will issue a data call to FEMA requesting 
that FEMA return any records in NEMIS for which a match was found. For 
each match found, FEMA sends all of its applicant information to SBA so 
that SBA may match these records with its registrant data in the DCMS. 
SBA's DCMS manual process triggers an automated interface to query 
NEMIS using the FEMA Registration ID Number as the unique identifier. 
DHS/FEMA will return the fields described below for the matching DHS/
FEMA record, if any, and no result when the FEMA Registration ID Number 
is not matched. DHS/FEMA will provide the FEMA Disaster Number, FEMA 
Registration Identifier, Registrant and Co-registrant Name, Mailing 
Address, Phone Number, Social Security Number, Damaged Property data, 
National Flood Insurance Reform Act data, Flood Zone data, FEMA Housing 
Assistance and other Assistance data, Program, Award Level, 
Eligibility, and Approval or Rejection data. SBA will then proceed with 
its duplication of benefits determination.
    3. DHS/FEMA-SBA status update automated match process. DHS/FEMA 
will act as the recipient (i.e. matching) agency. DHS/FEMA will match 
records from its DHS/FEMA 008--Disaster Recovery Assistance Files 
system of records (September 24, 2009, 74 FR 48763), to the records 
extracted and provided by SBA from its SBA-020 Disaster Loan Case File 
system of records (April 1, 2009, 74 FR 14911). The purpose of this 
process is to update DHS/FEMA registrant information with the status of 
SBA loan determinations for said registrants. The records provided by 
SBA will be automatically imported into NEMIS to update the status of 
existing registration records. The records DHS/FEMA receives from SBA 
are deemed to be DHS/FEMA registrants who were referred to SBA for 
disaster loan assistance. Controls on the SBA export of data should 
ensure that DHS/FEMA only receives unique and valid referral records.
    SBA will provide to DHS/FEMA the following information: Personal 
information about SBA applicants; application data; loss to personal 
property data; loss mitigation data; SBA loan data; and SBA event data. 
DHS/FEMA will conduct the match using FEMA Disaster Number, and FEMA 
Registration ID Number. Loan data for matched records will be recorded 
and displayed in NEMIS. Loan data will also be run through NEMIS 
business rules; potentially duplicative categories of assistance are 
sent to the National Processing Service Centers Program Review process 
for manual evaluation of any duplication of benefits.

C. Projected Starting and Completion Dates

    This Agreement will take effect 40 days from the date copies of 
this signed Agreement are sent to both Houses of Congress or 30 days 
from the date the Computer Matching Notice is published in the Federal 
Register, whichever is later, depending on whether comments are 
received which would result in a contrary determination (Commencement 
Date). SBA is the agency that will:
    1. Transmit this agreement to Congress.
    2. Notify OMB.
    3. Publish the Computer Matching Notice in the Federal Register.
    4. Address public comments that may result from publication in the 
Federal Register.
    Matches under this program will be conducted for every Presidential 
disaster declaration.

V. Notice Procedures

A. DHS/FEMA Recipients

    FEMA Form 90-69 ``Application/Registration for Disaster 
Assistance,'' Form 90-69B ``Declaration and Release'' (both included in 
OMB No. 1660-0002), and various other forms used for financial 
assistance benefits immediately following a declared disaster, use a 
Privacy Act statement to provide notice to applicants regarding the use 
of their information. The Privacy Act statements provide notice of 
computer matching or the sharing of their records consistent with this 
Agreement. The Privacy Act statement is read to call center applicants 
and is displayed and agreed to by Internet applicants. Also, FEMA Form 
90-69B requires the applicant's signature in order to receive financial 
assistance. Additionally, the Federal Emergency Management Agency 
Disaster Assistance Improvement Program Privacy Impact Assessment and 
Department of Homeland Security Federal Emergency Management Agency--
008 Disaster Recovery Assistance Files System of Records Notice 
(September 24, 2009, 74 FR 48763) provide public notice.

B. SBA Recipients

    SBA Forms 5 ``Disaster Business Loan Application,'' 5C ``Disaster 
Home Loan Application'' and the Electronic Loan Application (ELA) 
include notice to all applicants that in the event of duplication of 
benefits from DHS/FEMA or any other source, the Agency may verify 
eligibility through a computer matching program with another Federal or 
state agency and reduce the amount of the applicant's loan. All 
applicants are required to acknowledge that they have received this 
notification. Additionally, the Small Business Administration Disaster 
Credit Management System Privacy Impact Assessment and Small Business 
Administration--020 Disaster Loan Case File system of records (April 1, 
2009, 74 FR 14911) provide public notice.

VI. Verification Procedure

A. DHS/FEMA-SBA Automated Import/Export Process for Initial 
Registrations

    The matching program for the initial contact information for 
individuals and businesses will be accomplished by mapping registrant 
data for DHS/FEMA fields described earlier to the Disaster Credit 
Management System application data fields. During the automated import 
process, a computer match is performed against existing Disaster Credit 
Management System

[[Page 35850]]

Applications as described in the Section.IV,1. FEMA's system of record 
for the registration data is known as Department of Homeland Security 
Federal Emergency Management Agency--008 Disaster Recovery Assistance 
Files system of records (September 24, 2009, 74 FR 48763).
    If the registrant's data does not match an existing Pre-Application 
or Application in the SBA's Disaster Credit Management System, then the 
registrant's data will be inserted into the Disaster Credit Management 
System to create a new Pre-Application and an SBA application for 
disaster assistance may be mailed to the registrant. If the 
registrant's data does match an existing Pre-Application or Application 
in SBA's Disaster Credit Management System, it indicates that there may 
be an existing Pre-Application/Application for the registrant in the 
Disaster Credit Management System. The system will insert the record 
within the SBA's Disaster Credit Management System but will identify it 
as a potential duplicate. This will be further reviewed by SBA 
employees to determine whether the data reported by the DHS/FEMA 
registrant is a duplicate of previously submitted registration 
information. Duplicate Pre-Applications or Applications will not be 
processed. DHS/FEMA takes steps to ensure that only valid and unique 
registrants are referred to SBA through the computer matching process.

B. DHS/FEMA-SBA Duplication of Benefits Automated Match Process

    The matching program is to ensure that recipients of SBA Disaster 
Loans have not received duplicative benefits for the same disaster from 
DHS/FEMA. This will be accomplished by matching the DHS/FEMA 
Registration ID Number. If the data matches, specific to the 
application or approved loan, the dollar values for the benefits issued 
by DHS/FEMA may reduce the eligible amount of the disaster loan or may 
cause SBA loan proceeds to be used to repay the grant program in the 
amount of the duplicated assistance.
    DHS/FEMA and SBA are responsible for verifying the submissions of 
data used during each respective benefit process and for resolving any 
discrepancies or inconsistencies on an individual basis. Authorized 
users of both the Disaster Credit Management System and National 
Emergency Management Information System will not make a final decision 
to reduce benefits of any financial assistance to an applicant or take 
other adverse action against such applicant as the result of 
information produced by this matching program until an employee of the 
agency taking such action has independently verified such information.
    The matching program for duplication of benefits will be executed 
as part of loan processing and prior to each disbursement on an 
approved SBA disaster loan. Any match indicating that there is a 
possible duplicated benefit will be further reviewed by an SBA employee 
to determine whether the FEMA grant monies reported by the applicant or 
borrower are correct and matches the data reported by DHS/FEMA. If 
there is a duplication of benefits, the amount of the SBA disaster loan 
will be reduced accordingly after providing applicant with written 
notice of the changes, by processing a loan modification to reduce the 
loan amount or, where appropriate, by using the SBA loan proceeds to 
repay the FEMA grant program.

VII. Disposition of Matched Items

    After a computer match has been performed, records of applicants 
that are not identified as being a recipient of both DHS/FEMA and SBA 
benefits will be eliminated from the Disaster Credit Management System 
and destroyed. Other identifiable records that may be created by SBA or 
DHS/FEMA during the course of the matching program will be destroyed as 
soon as they have served the matching program's purpose, and under any 
legal retention requirements established in conjunction with the 
National Archives and Records Administration or other authority. 
Destruction will be by shredding, burning or electronic erasure, as 
appropriate.
    Neither SBA nor DHS/FEMA will create a separate permanent file 
consisting of information resulting from the specific matching programs 
covered by this Agreement except as necessary to monitor the results of 
the matching program. Information generated through the matches will be 
destroyed as soon as follow-up processing from the matches has been 
completed unless the information is required to be preserved by the 
evidentiary process.

VIII. Security Procedures

    SBA and DHS/FEMA agree to the following information security 
procedures:
    A. Administrative. The privacy of the subject individuals will be 
protected by strict adherence to the provisions of the Privacy Act of 
1974 (5 U.S.C. 552a). SBA and DHS/FEMA agree that data exchange and any 
records created during the course of this matching program will be 
maintained and safeguarded by each agency in such a manner as to 
restrict access to only those individuals, including contractors, who 
have a legitimate need to see them in order to accomplish the matching 
program's purpose. Persons with authorized access to the information 
will be made aware of their responsibilities pursuant to this 
Agreement.
    B. Technical. DHS/FEMA will transmit the data (specified in this 
Agreement) to SBA via the following process:
    1. SBA will pull application data from FEMA Disaster Assistance 
Center (DAC) via a Web services based Simple Object Access Protocol, 
Extensible Markup Language/Hypertext Transfer Protocol Secure request. 
The data will be used to create applications inside the Disaster Credit 
Management System. For each record, a response will be sent back to 
FEMA DAC indicating success or failure.
    The SBA/Disaster Credit Management System to DHS/FEMA Disaster 
Assistance Center export of referral data (specified in this Agreement) 
will occur via a Web services based Simple Object Access Protocol, 
Extensible Markup Language/Hypertext Transfer Protocol Secure request.
    The DHS/FEMA Duplication of Benefits Interface will be initiated 
from the Disaster Credit Management System to the DHS/FEMA Disaster 
Recovery Assistance-National Emergency Management Information System 
through a secured Virtual Private Network tunnel, open only to SBA 
domain Internet Protocol addresses. The results of the query are 
returned to the Disaster Credit Management System in real-time and 
populated in the Disaster Credit Management System for delegated SBA 
staff to use in the determination of duplication of benefits.
    C. Physical. SBA and DHS/FEMA agree to maintain all automated 
matching records in a secured computer environment that includes the 
use of authorized access codes (passwords) to restrict access. Those 
records will be maintained under conditions that restrict access to 
persons who need them in connection with official duties related to the 
matching process.
    D. On-Site inspections. SBA and DHS/FEMA may make on-site 
inspections of the other agency's recordkeeping and security practices, 
or make provisions beyond those in this Agreement to ensure adequate 
safeguarding of records exchanged.

[[Page 35851]]

IX. Records Usage, Duplication and Redisclosure Restrictions

    SBA and DHS/FEMA agree to the following restrictions on use, 
duplication, and disclosure of information furnished by the other 
agency.
    A. Records obtained for this matching program or created by the 
match will not be disclosed outside the agency except as may be 
essential to conduct the matching program, or as may be required by 
law. Each agency will obtain the written permission of the other agency 
before making such disclosure (see routine uses in Department of 
Homeland Security Federal Emergency Management Agency--008 Disaster 
Recovery Assistance Files system of records (September 24, 2009, 74 FR 
48763) and Small Business Administration--020 Disaster Loan Case File 
system of records (April 1, 2009, 74 FR 14911).
    B. Records obtained for this matching program or created by the 
match will not be disseminated within the agency except on a need-to-
know basis, nor will they be used for any purpose other than that 
expressly described in this Agreement. Information concerning ``non-
matching'' individuals, businesses or other entities will not be used 
or disclosed by either agency for any purpose.
    C. Data or information exchanged will not be duplicated unless 
essential to the conduct of the matching program. All stipulations in 
this Agreement will apply to any duplication.
    D. If required to disclose these records to a state or local agency 
or to a government contractor in order to accomplish the matching 
program's purpose, each agency will obtain the written agreement of 
that entity to abide by the terms of this Agreement.
    E. Each agency will keep an accounting of disclosure of an 
individual's record as required by section 552a(c) of the Privacy Act 
and will make the accounting available upon request by the individual 
or other agency.

X. Records Accuracy Assessments

    DHS/FEMA and SBA attest that the quality of the specific records to 
be used in this matching program is assessed to be at least 99% 
accurate. The possibility of any erroneous match is extremely small.
    In order to apply for assistance online via the Disaster Assistance 
Center (DAC) portal an applicant's name, address, Social Security 
Number, and date of birth are sent to a commercial database provider to 
perform identity verification. The identity verification ensures that a 
person exists with the provided credentials. In the rare instances 
where the applicant's identity is not verified online or the applicant 
chooses, the applicants must call one of the DHS/FEMA call centers to 
complete the registrations. The identity verification process is 
performed again. Depending on rare circumstances, an applicant is 
allowed to register using an ersatz Social Security Number. Applicants 
must update their Social Security Number and pass the identity 
verification to obtain assistance.

XI. Comptroller General Access

    The parties authorize the Comptroller General of the United States, 
upon request, to have access to all SBA and DHS/FEMA records necessary 
to monitor or verify compliance with this matching agreement. This 
matching agreement also authorizes the Comptroller General to inspect 
any records used in the matching process that are covered by this 
matching agreement. (31 U.S.C. 717 and 5 U.S.C. 552a(b)(10)).

XII. Duration of Agreement

    The Agreement may be renewed, terminated or modified as follows:
    A. Renewal or Termination. This Agreement will become effective in 
accordance with the terms set forth in paragraph IV.C and will remain 
in effect for 18 months from the commencement date. At the end of this 
period, this Agreement may be renewed for a period of up to one 
additional year if the Data Integrity Board of each agency determines 
within three months before the expiration date of this Agreement that 
the program has been conducted in accordance with this Agreement and 
will continue to be conducted without change. Either agency not wishing 
to renew this Agreement should notify the other in writing of its 
intention not to renew at least three months before the expiration date 
of this Agreement. Either agency wishing to terminate this Agreement 
before its expiration date should notify the other in writing of its 
wish to terminate and the desired date of termination.
    B. Modification of the Agreement. This Agreement may be modified at 
any time in writing if the written modification conforms to the 
requirements of the Privacy Act and receives approval by the 
participant agency Data Integrity Boards.

XIII. Reimbursement of Matching Costs

    SBA and DHS/FEMA will bear their own costs for this program.

XIV. Data Integrity Board Review/Approval

    SBA and DHS/FEMA's Data Integrity Boards will review and approve 
this Agreement prior to the implementation of this matching program. 
Disapproval by either Data Integrity Board may be appealed in 
accordance with the provisions of the Computer Matching and Privacy 
Protection Act of 1988, as amended. Further, the Data Integrity Boards 
will perform an annual review of this matching program. SBA and DHS/
FEMA agree to notify the Chairs of each Data Integrity Board of any 
changes to or termination of this Agreement.

XV. Points of Contacts and Approvals

    For general information please contact: Thomas R. McQuillan (202-
646-3323), Privacy Officer, Federal Emergency Management Agency, 
Department of Homeland Security; and Ethel Matthews (202-205-7173), 
Senior Privacy Advisor, Office of the Chief Information Officer, Small 
Business Administration.

Paul T. Christy,
Acting Chief Information Officer/Chief Privacy Officer.
[FR Doc. 2010-15113 Filed 6-22-10; 8:45 am]
BILLING CODE 8025-01-P
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