Privacy Act of 1974, Computer Matching Program-U.S. Small Business Administration and U.S. Department of Homeland Security, Federal Emergency Management Agency, 4968-4972 [2013-01219]
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4968
Federal Register / Vol. 78, No. 15 / Wednesday, January 23, 2013 / Notices
Effective Date: 01/10/2013.
Physical Loan Application Deadline
Date: 03/11/2013.
Economic Injury (EIDL) Loan
Application Deadline Date: 10/10/2013.
ADDRESSES: Submit completed loan
applications to: U.S. Small Business
Administration, Processing and
Disbursement Center, 14925 Kingsport
Road, Fort Worth, TX 76155.
FOR FURTHER INFORMATION CONTACT: A.
Escobar, Office of Disaster Assistance,
U.S. Small Business Administration,
409 3rd Street SW., Suite 6050,
Washington, DC 20416.
SUPPLEMENTARY INFORMATION: Notice is
hereby given that as a result of the
President’s major disaster declaration on
01/10/2013, Private Non-Profit
organizations that provide essential
services of governmental nature may file
disaster loan applications at the address
listed above or other locally announced
locations.
The following areas have been
determined to be adversely affected by
the disaster:
Primary Counties: Bedford; Bucks;
Cameron; Dauphin; Forest; Franklin;
Fulton; Huntingdon; Juniata; Monroe;
Northampton; Pike; Potter; Somerset;
Sullivan; Wyoming.
The Interest Rates are:
Percent
For Physical Damage:
Non-Profit Organizations With
Credit Available Elsewhere .....
Non-Profit Organizations Without
Credit Available Elsewhere .....
For Economic Injury:
Non-Profit Organizations Without
Credit Available Elsewhere .....
3.125
3.000
3.000
The number assigned to this disaster
for physical damage is 13463B and for
economic injury is 13464B.
(Catalog of Federal Domestic Assistance
Numbers 59002 and 59008)
James E. Rivera,
Associate Administrator for Disaster
Assistance.
[FR Doc. 2013–01208 Filed 1–22–13; 8:45 am]
BILLING CODE 8025–01–P
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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
U.S. Small Business
Administration (SBA).
AGENCY:
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Notice of computer matching
program: U.S. Small Business
Administration and U.S. Department of
Homeland Security, Federal Emergency
Management Agency.
ACTION:
The U.S. Small Business
Administration plans to participate in a
computer matching program with the
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.
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.
ADDRESSES: You may submit comments,
identified by docket number [SBA–
2013–001] by any of the following
methods:
• Federal eRulemaking Portal: https://
www.regulations.gov. Follow the
instructions for submitting comments.
• Mail: James Rivera, Associate
Administrator for Disaster Assistance,
U.S. Small Business Administration,
409 3rd Street SW., 6th floor,
Washington, DC 20416.
• Hand Delivery/Courier: James
Rivera, Associate Administrator for
Disaster Assistance, U.S. Small Business
Administration, 409 3rd Street SW., 6th
floor, Washington, DC 20416.
All comments will be posted on
www.Regulations.gov. If you wish to
include within your comment,
confidential business information (CBI)
as defined in the Privacy and Use
Notice/User Notice at
www.Regulations.gov and you do not
want that information disclosed, you
must submit the comment by either
Mail or Hand Delivery and you must
address the comment to the attention of
James Rivera, Associate Administrator
for Disaster Assistance, U.S. Small
Business Administration, 409 3rd Street
SW., 7th Floor, Washington, DC 20416.
In the submission, you must highlight
the information that you consider is CBI
and explain why you believe this
information should be held confidential.
SBA will make a final determination, in
its sole discretion, of whether the
SUMMARY:
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information is CBI and, therefore, will
be published or not.
FOR FURTHER INFORMATION CONTACT:
Roger Garland, (202) 205–6734,
roger.garland@sba.gov.
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.
II. Purpose and Legal Authority
A. Purpose of the Matching Program
The purpose of this Agreement is to
ensure that applicants for SBA Disaster
Loans and DHS/FEMA Other Needs
Assistance (ONA) have not received a
duplication of benefits for the same
disaster. This will be accomplished by
matching specific DHS/FEMA disaster
applicant data with SBA disaster loan
application and decision data for a
declared disaster, as set forth in this
Agreement.
B. Legal Authority
SBA’s legal authority for undertaking
its disaster loan program without
duplicating benefits is contained in
section 7(b)(1) of the Small Business Act
(15 U.S.C. 636(b)(1). DHS/FEMA’s legal
authority for ensuring non duplication
of benefits is contained in § 312(a) of the
Robert T. Stafford Disaster Relief and
Emergency Assistance Act (42 U.S.C.
5155). SBA is allowed to share
information with DHS/FEMA pursuant
to routine uses (f) and (g) of SBA–020
Disaster Loan Case Files system of
records, 74 FR 14911 (April 1, 2009).
DHS/FEMA is allowed to share
information with SBA pursuant to
routine uses H.1. and R. of DHS/FEMA
008–Disaster Recovery Assistance Files
system of records, 74 FR 48763
(September 24, 2009). The Computer
Matching and Privacy Protection Act of
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1988 (Pub. L. 100–503), as amended, (5
U.S.C. 552a(o)–(u)) establishes
procedural requirements for agencies to
follow when engaging in computermatching 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 (August 29, 2006). This
order mandates DHS/FEMA to identify
and prevent 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.’’
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B. Expected Results
The matching program is to ensure
that recipients of SBA disaster loans
have not received duplicative benefits
for the same disaster from DHS/FEMA.
Because both DHS/FEMA and SBA
collect the FEMA Disaster ID number,
SBA and FEMA are able to identify
possible scenarios of duplicate benefits
being issued. In processing applications
for assistance for both DHS/FEMA and
SBA, there are several scenarios where
partial or full duplicate 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 apply 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
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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, 74 FR 48763
(September 24, 2009), 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, 74
FR 14911 (April 1, 2009) system of
records. SBA uses its Disaster Credit
Management System (DCMS) to access
records from its SBA–020 Disaster Loan
Case Files system of records, 74 FR
14911 (April 1, 2009), and match them
to the records that DHS/FEMA provides
from its DHS/FEMA–008 Disaster
Recovery Assistance Files system of
records, 74 FR 48763 (September 24,
2009). 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: Registration data,
including applicant (personal)
information; damaged property
information; insurance policy data;
property occupants’ data; registered
vehicles data; National Flood Insurance
Reform Act of 1994 policy, claims, and
payment data; and flood zone map 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:
Applicant and damaged property
information; home application
assistance data; ‘‘other needs
assistance’’ data; and inspection data
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and verification of ownership and
occupancy.
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 assistance.
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, 74 FR 48763
(September 24, 2009). DHS/FEMA will
provide to SBA the following
information: Registration information,
including: applicant information and
FEMA registration ID; damaged property
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 (SSN) to create a New PreApplication. The records SBA receives
are deemed to be DHS/FEMA applicants
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 (SSN). A partial
match exists when an SBA record
matches a DHS/FEMA record on one or
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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 SBA PreApplication Queue.
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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, 74 FR
14911 (April 1, 2009), 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, 74
FR 48763 (September 24, 2009),
accessed via NEMIS, via 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; Applicant and if applicable,
Co-applicant name; damaged dwelling
address, Phone Number, SSN, Damaged
Property data, contact address (if
different from damaged dwelling
address), 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, 74 FR 48763
(September 24, 2009), to the records
extracted and provided by SBA from its
SBA–020 Disaster Loan Case File system
of records, 74 FR 14911 (April 1, 2009).
The purpose of this process is to update
DHS/FEMA applicant information with
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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 applicant records. The
records DHS/FEMA receives from SBA
are deemed to be DHS/FEMA applicants
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 009–0–1 ‘‘Application/
Registration for Disaster Assistance’’,
Form 009–0–3 ‘‘Declaration and
Release’’ (Both included in OMB ICR
No. 1660–0002), and various other
forms used for financial assistance
benefits immediately following a
declared disaster, use a Privacy Act
statement, see 5 U.S.C. § 552a(e)(3), to
provide notice to applicants regarding
the use of their information. The Privacy
Act statements provide notice of
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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 009–0–3
requires the applicant’s signature in
order to receive financial assistance.
Additionally, FEMA/DHS gives public
notice via its Disaster Assistance
Improvement Program Privacy Impact
Assessment and in DHS/FEMA–008
Disaster Recovery Assistance Files
System of Records, 74 FR 48763
(September 24, 2009).
B. SBA Recipients
SBA Forms 5 ‘‘Disaster Business Loan
Application’’, 5C ‘‘Disaster Home Loan
Application’’ and the Electronic Loan
Application (ELA) will 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
will be required to acknowledge that
they have received this notification.
Additionally, SBA/DCMS gives public
notice via its Privacy Impact
Assessment and SBA–020 Disaster Loan
Case File system of records, 74 FR
14911 (April 1, 2009).
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 applicant data for DHS/FEMA
fields described earlier to the DCMS
application data fields. During the
automated import process, a computer
match is performed against existing
DCMS applications as described in the
Section. IV, 1. FEMA’s system of records
for the data is DHS/FEMA–008 Disaster
Recovery Assistance Files system of
records, 74 FR 48763 (September 24,
2009).
If the registrant’s data does not match
an existing pre-application or
application in the SBA’s DCMS, then
the registrant’s data will be inserted into
the DCMS to create a new preApplication. 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 DCMS, it indicates
that there may be an existing preapplication/application for the
applicant in the DCMS. The system will
insert the record within the SBA’s
DCMS but will identify it as a potential
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duplicate. This will be further reviewed
by SBA employees to determine
whether the data reported by the DHS/
FEMA applicant is a duplicate of
previously submitted registration
information. Duplicate pre-applications
or applications will not be processed.
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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 DCMS and NEMIS 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 DCMS and
destroyed. Other identifiable records
that may be created by SBA or DHS/
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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 NEIM-compliant response will
be sent back to FEMA DAC indicating
success or failure for the transfer of data.
The SBA/DCMS to DHS/FEMA DAC
export of referral data (specified in this
Agreement) will occur via a
webServices based Simple Object
Access Protocol, Extensible Markup
Language/Hypertext Transfer Protocol
Secure request.
The DHS/FEMA Duplication of
Benefits Interface will be initiated from
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the DCMS to the DHS/FEMA NEMIS
through a secured Virtual Private
Network tunnel, open only to SBA
domain Internet Protocol addresses. The
results of the query are returned to the
DCMS in real-time and populated in the
DCMS 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.
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 DHS/
FEMA–008 Disaster Recovery
Assistance Files system of records, 74
FR 48763 (September 24, 2009) and
SBA–020 Disaster Loan Case File system
of records, 74 FR 14911 (April 1, 2009).
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
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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 5
U.S.C. 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 DAC portal, an applicant’s name,
address, SSN, 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 artificial
SSN. Applicants must update their SSN
and pass the identity verification to
obtain assistance.
wreier-aviles on DSK5TPTVN1PROD with
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 pursuant to 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
VerDate Mar<15>2010
15:22 Jan 22, 2013
Jkt 229001
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: Eric M. Leckey (202–212–5100),
Privacy Officer, Federal Emergency
Management Agency, Department of
Homeland Security; and Ja’Nelle DeVore
(202–205–7103), Chief Information
Security Officer, Office of the Chief
Information Officer, Small Business
Administration.
Eric Won,
Chief Information Officer.
2681, et seq.; 22 U.S.C. 6501 note, et
seq.), Delegation of Authority No. 234 of
October 1, 1999, and Delegation of
Authority No. 236–3 of August 28, 2000
(and, as appropriate, Delegation of
Authority No. 257 of April 15, 2003), I
hereby determine that the objects to be
included in the exhibition ‘‘Chagall:
Beyond Color,’’ imported from abroad
for temporary exhibition within the
United States, are of cultural
significance. The objects are imported
pursuant to loan agreements with the
foreign owners or custodians. I also
determine that the exhibition or display
of the exhibit objects at the Dallas
Museum of Art, Dallas, Texas, from on
or about February 17, 2013, until on or
about May 26, 2013, and at possible
additional exhibitions or venues yet to
be determined, is in the national
interest. I have ordered that Public
Notice of these Determinations be
published in the Federal Register.
FOR FURTHER INFORMATION CONTACT: For
further information, including a list of
the exhibit objects, contact Paul W.
Manning, Attorney-Adviser, Office of
the Legal Adviser, U.S. Department of
State (telephone: 202–632–6469). The
mailing address is U.S. Department of
State, SA–5, L/PD, Fifth Floor (Suite
5H03), Washington, DC 20522–0505.
Dated: January 14, 2013.
J. Adam Ereli,
Principal Deputy Assistant Secretary, Bureau
of Educational and Cultural Affairs,
Department of State.
[FR Doc. 2013–01297 Filed 1–22–13; 8:45 am]
BILLING CODE 4710–05–P
DEPARTMENT OF STATE
[Public Notice 8159]
Culturally Significant Objects Imported
for Exhibition Determinations: ‘‘Nicolai
Fechin’’
Department of State.
Notice, correction.
AGENCY:
[FR Doc. 2013–01219 Filed 1–22–13; 8:45 am]
ACTION:
BILLING CODE 8025–01–P
On April 4, 2012, notice was
published on page 20476 of the Federal
Register (volume 77, number 65) of
determinations made by the Department
of State pertaining to the exhibition
‘‘Nicolai Fechin.’’ The referenced notice
is corrected here to include additional
objects as part of the exhibition. Notice
is hereby given of the following
determinations: Pursuant to the
authority vested in me by the Act of
October 19, 1965 (79 Stat. 985; 22 U.S.C.
2459), Executive Order 12047 of March
27, 1978, the Foreign Affairs Reform and
Restructuring Act of 1998 (112 Stat.
2681, et seq.; 22 U.S.C. 6501 note, et
SUMMARY:
DEPARTMENT OF STATE
[Public Notice 8158]
Culturally Significant Objects Imported
for Exhibition Determinations:
‘‘Chagall: Beyond Color’’
Notice is hereby given of the
following determinations: Pursuant to
the authority vested in me by the Act of
October 19, 1965 (79 Stat. 985; 22 U.S.C.
2459), Executive Order 12047 of March
27, 1978, the Foreign Affairs Reform and
Restructuring Act of 1998 (112 Stat.
SUMMARY:
PO 00000
Frm 00145
Fmt 4703
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E:\FR\FM\23JAN1.SGM
23JAN1
]]>Agencies
[Federal Register Volume 78, Number 15 (Wednesday, January 23, 2013)]
[Notices]
[Pages 4968-4972]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2013-01219]
-----------------------------------------------------------------------
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: U.S. Small Business Administration (SBA).
ACTION: Notice of computer matching program: U.S. Small Business
Administration and U.S. Department of Homeland Security, Federal
Emergency Management Agency.
-----------------------------------------------------------------------
SUMMARY: The U.S. Small Business Administration plans to participate in
a computer matching program with the 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.
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.
ADDRESSES: You may submit comments, identified by docket number [SBA-
2013-001] by any of the following methods:
Federal eRulemaking Portal: https://www.regulations.gov.
Follow the instructions for submitting comments.
Mail: James Rivera, Associate Administrator for Disaster
Assistance, U.S. Small Business Administration, 409 3rd Street SW., 6th
floor, Washington, DC 20416.
Hand Delivery/Courier: James Rivera, Associate
Administrator for Disaster Assistance, U.S. Small Business
Administration, 409 3rd Street SW., 6th floor, Washington, DC 20416.
All comments will be posted on www.Regulations.gov. If you wish to
include within your comment, confidential business information (CBI) as
defined in the Privacy and Use Notice/User Notice at
www.Regulations.gov and you do not want that information disclosed, you
must submit the comment by either Mail or Hand Delivery and you must
address the comment to the attention of James Rivera, Associate
Administrator for Disaster Assistance, U.S. Small Business
Administration, 409 3rd Street SW., 7th Floor, Washington, DC 20416. In
the submission, you must highlight the information that you consider is
CBI and explain why you believe this information should be held
confidential. SBA will make a final determination, in its sole
discretion, of whether the information is CBI and, therefore, will be
published or not.
FOR FURTHER INFORMATION CONTACT: Roger Garland, (202) 205-6734,
roger.garland@sba.gov.
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.
II. Purpose and Legal Authority
A. Purpose of the Matching Program
The purpose of this Agreement is to ensure that applicants for SBA
Disaster Loans and DHS/FEMA Other Needs Assistance (ONA) have not
received a duplication of benefits for the same disaster. This will be
accomplished by matching specific DHS/FEMA disaster applicant data with
SBA disaster loan application and decision data for a declared
disaster, as set forth in this Agreement.
B. Legal Authority
SBA's legal authority for undertaking its disaster loan program
without duplicating benefits is contained in section 7(b)(1) of the
Small Business Act (15 U.S.C. 636(b)(1). DHS/FEMA's legal authority for
ensuring non duplication of benefits is contained in Sec. 312(a) of
the Robert T. Stafford Disaster Relief and Emergency Assistance Act (42
U.S.C. 5155). SBA is allowed to share information with DHS/FEMA
pursuant to routine uses (f) and (g) of SBA-020 Disaster Loan Case
Files system of records, 74 FR 14911 (April 1, 2009). DHS/FEMA is
allowed to share information with SBA pursuant to routine uses H.1. and
R. of DHS/FEMA 008-Disaster Recovery Assistance Files system of
records, 74 FR 48763 (September 24, 2009). The Computer Matching and
Privacy Protection Act of
[[Page 4969]]
1988 (Pub. L. 100-503), as amended, (5 U.S.C. 552a(o)-(u)) 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 (August 29, 2006). This order
mandates DHS/FEMA to identify and prevent 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.''
B. Expected Results
The matching program is to ensure that recipients of SBA disaster
loans have not received duplicative benefits for the same disaster from
DHS/FEMA. Because both DHS/FEMA and SBA collect the FEMA Disaster ID
number, SBA and FEMA are able to identify possible scenarios of
duplicate benefits being issued. In processing applications for
assistance for both DHS/FEMA and SBA, there are several scenarios where
partial or full duplicate 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 apply 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, 74 FR 48763 (September 24, 2009), 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, 74 FR 14911 (April 1, 2009) system of
records. SBA uses its Disaster Credit Management System (DCMS) to
access records from its SBA-020 Disaster Loan Case Files system of
records, 74 FR 14911 (April 1, 2009), and match them to the records
that DHS/FEMA provides from its DHS/FEMA-008 Disaster Recovery
Assistance Files system of records, 74 FR 48763 (September 24, 2009).
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: Registration data, including applicant (personal)
information; damaged property information; insurance policy data;
property occupants' data; registered vehicles data; National Flood
Insurance Reform Act of 1994 policy, claims, and payment data; and
flood zone map 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: Applicant and damaged property information; home application
assistance data; ``other needs assistance'' data; and inspection data
and verification of ownership and occupancy.
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 assistance.
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, 74 FR 48763 (September 24, 2009).
DHS/FEMA will provide to SBA the following information: Registration
information, including: applicant information and FEMA registration ID;
damaged property 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 (SSN) to create a New Pre-
Application. The records SBA receives are deemed to be DHS/FEMA
applicants 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 (SSN). A
partial match exists when an SBA record matches a DHS/FEMA record on
one or
[[Page 4970]]
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 SBA 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, 74 FR 14911 (April 1, 2009),
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, 74 FR 48763 (September 24, 2009), accessed via NEMIS, via
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;
Applicant and if applicable, Co-applicant name; damaged dwelling
address, Phone Number, SSN, Damaged Property data, contact address (if
different from damaged dwelling address), 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, 74 FR 48763 (September 24, 2009), to the
records extracted and provided by SBA from its SBA-020 Disaster Loan
Case File system of records, 74 FR 14911 (April 1, 2009). The purpose
of this process is to update DHS/FEMA applicant 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 applicant records. The records DHS/FEMA receives
from SBA are deemed to be DHS/FEMA applicants 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 009-0-1 ``Application/Registration for Disaster
Assistance'', Form 009-0-3 ``Declaration and Release'' (Both included
in OMB ICR No. 1660-0002), and various other forms used for financial
assistance benefits immediately following a declared disaster, use a
Privacy Act statement, see 5 U.S.C. Sec. 552a(e)(3), 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 009-0-3 requires the applicant's
signature in order to receive financial assistance. Additionally, FEMA/
DHS gives public notice via its Disaster Assistance Improvement Program
Privacy Impact Assessment and in DHS/FEMA-008 Disaster Recovery
Assistance Files System of Records, 74 FR 48763 (September 24, 2009).
B. SBA Recipients
SBA Forms 5 ``Disaster Business Loan Application'', 5C ``Disaster
Home Loan Application'' and the Electronic Loan Application (ELA) will
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 will be required to acknowledge that they have received this
notification. Additionally, SBA/DCMS gives public notice via its
Privacy Impact Assessment and SBA-020 Disaster Loan Case File system of
records, 74 FR 14911 (April 1, 2009).
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 applicant
data for DHS/FEMA fields described earlier to the DCMS application data
fields. During the automated import process, a computer match is
performed against existing DCMS applications as described in the
Section. IV, 1. FEMA's system of records for the data is DHS/FEMA-008
Disaster Recovery Assistance Files system of records, 74 FR 48763
(September 24, 2009).
If the registrant's data does not match an existing pre-application
or application in the SBA's DCMS, then the registrant's data will be
inserted into the DCMS to create a new pre-Application. 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 DCMS, it indicates that there may be an existing
pre-application/application for the applicant in the DCMS. The system
will insert the record within the SBA's DCMS but will identify it as a
potential
[[Page 4971]]
duplicate. This will be further reviewed by SBA employees to determine
whether the data reported by the DHS/FEMA applicant is a duplicate of
previously submitted registration information. Duplicate pre-
applications or applications will not be processed.
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 DCMS and NEMIS 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 DCMS 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 NEIM-compliant response will be
sent back to FEMA DAC indicating success or failure for the transfer of
data.
The SBA/DCMS to DHS/FEMA DAC export of referral data (specified in
this Agreement) will occur via a webServices 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 DCMS to the DHS/FEMA NEMIS through a secured Virtual Private
Network tunnel, open only to SBA domain Internet Protocol addresses.
The results of the query are returned to the DCMS in real-time and
populated in the DCMS 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.
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 DHS/FEMA-008
Disaster Recovery Assistance Files system of records, 74 FR 48763
(September 24, 2009) and SBA-020 Disaster Loan Case File system of
records, 74 FR 14911 (April 1, 2009).
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
[[Page 4972]]
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 5 U.S.C. 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 DAC portal, an
applicant's name, address, SSN, 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 artificial
SSN. Applicants must update their SSN 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 pursuant to 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: Eric M. Leckey (202-212-
5100), Privacy Officer, Federal Emergency Management Agency, Department
of Homeland Security; and Ja'Nelle DeVore (202-205-7103), Chief
Information Security Officer, Office of the Chief Information Officer,
Small Business Administration.
Eric Won,
Chief Information Officer.
[FR Doc. 2013-01219 Filed 1-22-13; 8:45 am]
BILLING CODE 8025-01-P
