Privacy Act; Computer Matching Agreement, 57902-57906 [2015-24477]
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57902
Federal Register / Vol. 80, No. 186 / Friday, September 25, 2015 / Notices
Dated: September 22, 2015.
Brent J. Fields,
Secretary.
[FR Doc. 2015–24547 Filed 9–23–15; 4:15 pm]
BILLING CODE 8011–01–P
SMALL BUSINESS ADMINISTRATION
DEPARTMENT OF HOMELAND
SECURITY
Federal Emergency Management
Agency
Privacy Act; Computer Matching
Agreement
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) and (11). For this reason, the
financial and administrative
responsibilities will be evenly
distributed between SBA and DHS/
FEMA unless otherwise set forth in this
agreement.
II. Purpose and Legal Authority
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A. Purpose of the Matching Program
The purpose of this Agreement is to
establish a framework and procedures
governing the Computer Matching
program between SBA and DHS/FEMA.
The Computer Matching program seeks
to ensure that applicants for SBA
Disaster Loans and DHS/FEMA
Individuals and Households Program,
which provides Other Needs Assistance
(ONA) and Housing Assistance (HA), do
not receive 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
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(15 U.S.C. 636 (b)(1). DHS/FEMA’s legal
authority contained at § 312(a) of the
Robert T. Stafford Disaster Relief and
Emergency Assistance Act (42 U.S.C.
5155), mandates DHS/FEMA not to
duplicate assistance provided by
another agency or similar source.
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, 78 FR 25282 (April 30,
2013) (DHS/FEMA–008 SORN). The
Computer Matching and Privacy
Protection Act of 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
As required by law, SBA and DHS/
FEMA will not provide duplicative
disaster assistance to individuals, and
businesses including Private-Not-for
Profits (PNPs) for the same disaster. To
accomplish this, SBA and DHS/FEMA
will participate in a computer-matching
program to share data and financial/
benefits award decisions of individuals,
businesses and/or other entities to
prevent duplicative aid from being
provided in the same disaster
declaration.
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 benefits provided to disaster
survivors by DHS/FEMA and SBA are
not duplicated. By way of the DHS/
FEMA disaster registration
identification (ID) number, DHS/FEMA
and SBA are able to identify the
applications received from mutual DHS/
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FEMA and SBA disaster survivors. By
the nature of the sequence of delivery as
outlined in FEMA Regulation, 44 CFR
206.191, survivors that register with
DHS/FEMA for possible grant
assistance, and meet SBA’s minimum
income requirements, are automatically
referred to SBA for possible loan
assistance. For example, DHS/FEMA
received 548,953 registrations in
response to hurricane Sandy, and
referred 241,282 of those registrations to
SBA. More recently, in FY 2013 and
2014, DHS/FEMA received 775,089
registrations and referred 337,619
registrations to SBA. The computer
match will also reveal instances where
the same disaster survivor has
submitted applications to both DHS/
FEMA and SBA, which could result in
a duplication of benefits. Since FY
2010,1 the use of the CMA has identified
224,878 instances where the same
disaster survivor submitted applications
to both agencies, a yearly average of
40,157. Over that same period, SBA
approved 83,313 loans to homeowners
and renters, who also received
assistance from FEMA. This is a yearly
average of 14,877 files identified with a
potential DOB.
IV. Records Description
A. Systems of Records and Estimated
Number of Records Involved
DHS/FEMA accesses records from its
Disaster Recovery Assistance Files
system of records, as provided by the
DHS/FEMA–008 SORN, through its
National Emergency Management
Information System-Individual
Assistance (NEMIS–IA), 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 Disaster Loan
Case Files system of records, and match
them to the records that DHS/FEMA
provides from its Disaster Recovery
Assistance Files system of records.
Under this agreement, DHS/FEMA and
SBA exchange data to: (1) Check for
initial registrations, (2) check for the
duplication of benefits, and (3) update
the SBA Loan Status.
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.
1 The SBA data period is from October 1, 2009
through May 11, 2015.
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B. Description of the Match
The three types of match processes,
for initial registration, duplication of
benefits, and status updates, are
described below.
1. DHS/FEMA–SBA Automated
Import/Export Process for Initial
Registrations.
a. SBA is the recipient (i.e. matching)
agency. SBA will match records from its
Disaster Loans Case Files system of
records, as identified in Section II.B,
applications and information accessed
via the DCMS, to the records extracted
and provided by DHS/FEMA from its
DHS/FEMA Disaster Recovery
Assistance Files system of records, as
identified in Section II.B.
b. DHS/FEMA will provide SBA the
data elements identified in the current
NEMIS–IA Disaster Assistance
Improvement Program (DAIP) Interface
Control Document (ICD) (See Appendix
A), which includes but is not limited to
the following information: Applicant’s
FEMA Registration ID Number;
applicant’s personally identifiable
information, which includes name,
address, social security number, and
date of birth; damaged property
information; insurance policy data;
property occupant data; vehicle
registration data; and flood zone and
flood insurance data.
c. 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 of DHS/FEMA
applicants who are referred to SBA for
disaster loan assistance. Controls on the
DHS/FEMA export of data are in place
to ensure that SBA only receives unique
and valid referral records.
d. 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 (SSN). 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 an
exact (full) match is found among SBA
records for the current imported record,
the current record is automatically
marked as a duplicate by the system
with appropriate comments inserted to
indicate the corresponding record that
matched. If a partial match is found
during the import process, the record is
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routed for manual examination,
investigation, and resolution to
determine whether it is truly a duplicate
record.
2. DHS/FEMA–SBA Duplication of
Benefits Automated Match Process:
a. 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 Disaster Loans Case
Files system of records, as identified in
Section II.B., and accessed via the
DCMS. DHS/FEMA will match the data
SBA provides to records in its Disaster
Recovery Assistance Files system of
records, as identified in Section II.B.,
accessed through NEMIS–IA, via the
FEMA Registration ID number. SBA will
issue a data call to DHS/FEMA
requesting that DHS/FEMA return any
records for which NEMIS–IA found a
match. For each match found, DHS/
FEMA sends all of its applicant
information that it collects during the
registration process 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–IA,
using the FEMA Registration ID number
as the unique identifier.
b. DHS/FEMA will return the
following fields for the matching DHS/
FEMA record, if any: FEMA Disaster
Number; FEMA Registration ID number;
applicant and if applicable, co-applicant
name; damaged dwelling address,
phone number, SSN, damaged property
data, insurance policy information,
contact address (if different from
damaged dwelling address), flood zone
and flood insurance data, FEMA
Housing Assistance and Other Needs
Assistance data, program, award level,
eligibility, inspection data, verification
of ownership and occupancy, and
approval or rejection data. DHS/FEMA
will return no result when the FEMA
Registration ID number is not matched.
c. For each matching record received
from DHS/FEMA, SBA determines
whether DHS/FEMA assistance
duplicates SBA loan assistance. If SBA
loan officers determine that there is a
duplication of benefits, the duplicated
amount is deducted from the eligible
SBA loan amount.
3. DHS/FEMA–SBA Status Update
Automated Match Process:
a. DHS/FEMA will act as the recipient
(i.e. matching) agency. DHS/FEMA will
match records from its Disaster
Recovery Assistance Files system of
records, as identified in Section II.B., to
the records extracted and provided by
SBA from its Disaster Loans Case Files
system of records, as identified in
Section II.B. The purpose of this process
is to update DHS/FEMA applicant
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information with the status of SBA loan
determinations. The records provided
by SBA will be automatically imported
into NEMIS–IA to update the status of
existing applicant records. The records
DHS/FEMA receives from SBA are of
DHS/FEMA applicants who were
referred to SBA for disaster loan
assistance. Controls on the SBA export
of data are in place to ensure that DHS/
FEMA only receives unique and valid
referral records.
b. SBA will provide to DHS/FEMA
information and data, including but not
limited to the following: Personal
information about SBA applicants,
including name, damaged dwelling
address, and SSN; 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.
c. Loan data for matched records will
be recorded and displayed in NEMIS–
IA. Loan data will also be run through
NEMIS–IA business rules; potentially
duplicative categories of assistance are
sent to FEMA’s Program Review process
for manual evaluation of any
duplication of benefits. If FEMA review
staff determines that there is a
duplication of benefits, the duplicated
amount is deducted from the eligible
award. FEMA applicants receive a letter
that indicates the amount of their
eligible award and their ability to
appeal.
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 and will continue
for as long as this agreement, including
any renewals, remains in effect.
V. Notice Procedures
A. DHS/FEMA Recipients
FEMA Form 009–0–1 ‘‘Application/
Registration for Disaster Assistance,’’
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Form 009–0–3 ‘‘Declaration and
Release’’ (both part of 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 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 its
system of records notice identified in
Section II.B.
B. SBA Recipients
SBA Forms 5 ‘‘Disaster Business Loan
Application,’’ 5C ‘‘Disaster Home Loan
Application,’’ and the Electronic Loan
Application (ELA) include a Privacy Act
statement that provides notice that SBA
may disclose personal information
under a published ‘‘routine use,’’ as
permitted by law. SBA’s published
system of records notice, identified in
Section II. B), provides notice that a
computer match may be performed to
share information with another Federal
agency in connection with the issuance
of a grant, loan or other benefit. In
addition, the Privacy Act requires that a
copy of each CMA entered into with a
recipient agency shall be available upon
request to the public.
VI. Verification Procedure
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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
NEMIS–IA 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 Section IV.B.1.
If the applicant’s data does not match
an existing pre-application or
application in the SBA’s DCMS, then
the applicant’s data will be inserted into
DCMS to create a new pre-Application.
An SBA application for disaster
assistance may be mailed to the
registrant.
If the applicant’s data does match an
existing pre-application or application
in SBA’s DCMS, it indicates that there
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may be an existing pre-application/
application for the applicant in the
DCMS. If there is an exact match, the
system will insert the record within the
SBA’s DCMS but will identify it as a
duplicate with appropriate comments
inserted to indicate the corresponding
record that matched. If there is a partial
match, the system will insert the record
within the SBA’s DCMS but will
identify it as a potential duplicate. The
record is then further reviewed by SBA
employees to determine whether the
data reported by the DHS/FEMA
applicant is a duplicate of previously
submitted registration data. Only one of
the applications is kept for processing
and the other duplicate pre-applications
or applications will not be processed.
B. DHS/FEMA–SBA Duplication of
Benefits Automated Match
The matching program is to ensure
that recipients of SBA disaster loans
have not received duplicative benefits
for the same disaster from DHS/FEMA.
The matching process begins by
matching the DHS/FEMA Registration
ID number. If the data matches, specific
to the application or approved loan,
SBA will then proceed with its manual
process to determine whether there is a
duplication of benefits. Upon
determining that there is duplication of
benefits, 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.
At SBA, the matching program for
duplication of benefits will be executed
as part of loan processing and prior to
each disbursement of an approved SBA
disaster loan. Any match indicating that
there is a possible duplicate benefit will
be further reviewed by an SBA
employee to determine whether the
DHS/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 and
the applicant will be provided written
notice of the changes by processing a
loan modification to reduce the loan
amount or, where appropriate, to repay
the DHS/FEMA grant program. The
notice will provide the applicant with
an opportunity to apply for
reconsideration of the loan modification
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within six months of the date of the
notice.
C. DHS/FEMA–SBA Status Update
Automated Processes
For informational purposes, SBA
sends DHS/FEMA loan status updates as
they occur and FEMA updates the loan
records in NEMIS–IA based on the loan
information received.
D. Policies and Procedures Regarding A,
B and C Above
Authorized users of both DCMS and
DHS/FEMA NEMIS–IA will not make a
final decision to reduce or deny benefits
of any financial assistance to an
applicant or take other adverse final
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 and provided written notice
to the applicant with a statement of the
findings and informing the individual of
the opportunity to respond or contest,
along with the expiration of the time to
respond or contest.
VII. Retention of Matched Items
Pursuant to SBA document retention
policy, SBA retains applicant records in
DCMS loan files, including records for
matched items. DHS/FEMA will retain
records pursuant to the Retention and
Disposal section of DHS/FEMA—008
Disaster Recovery Assistance Files, 78
FR 25282 (Apr. 30, 2013).
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:
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SBA will pull application data from
DHS/FEMA Disaster Assistance Center
(DAC) via a web services based Simple
Object Access Protocol (SOAP),
Extensible Markup Language (XML)/
Hypertext Transfer Protocol Secure
(HTTPS) request. The data will be used
to create applications inside the Disaster
Credit Management System. For each
record, a National Information Exchange
Model (NIEM)-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 web
services-based SOAP, XML/HTTPS
request.
The DHS/FEMA Duplication of
Benefits Interface will be initiated from
the DCMS to the DHS/FEMA NEMIS–IA
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.
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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 and
grant and loan making processes.
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 DHS/FEMA and SBA
routine uses provided in the systems of
records notices identified in Section
II.B.
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.
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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 the
Privacy Act (5 U.S.C. 552a(c)) 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 DHS/FEMA
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.
In order to apply for SBA’s Disaster
Loan Assistance online via SBA’s
Electronic Loan Application (ELA) an
applicant’s name, address, SSN, and
date of birth and other information is
sent to a commercial database provider
to perform identity verification. The
identity verification confirms that a
person exists with the provided
credentials. In the rare instances where
the online applicant’s identity cannot be
verified electronically or if the applicant
chooses, the applicant must call SBA’s
Customer Service Center to complete
the online application. Once an
application (electronic or paper) is
completed and submitted, the
information is transmitted to the DCMS
system, where it is reviewed and
processed by loan officers, who also
verify each applicant’s identity.
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
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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 Section 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),
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Privacy Officer, Federal Emergency
Management Agency, Department of
Homeland Security; and Jeffrey Jackson
(202–205–6595), Chief Information
Security Officer, Office of the Chief
Information Officer, Small Business
Administration.
XVI. Signatures
The authorizing officials whose
signatures appear below have
committed their respective agencies to
the terms of this Agreement.
Small Business Administration.
Dated: September 14, 2015.
James Rivera,
Associate Administrator for Disaster
Assistance, U.S. Small Business
Administration.
Dated: September 9, 2015.
Matthew Varilek,
Chief Operating Officer, Data Integrity Board
Chair, U.S. Small Business Administration.
U.S. Department of Homeland Security
Federal Emergency Management Agency.
Dated: August 4, 2015.
Keith Turi,
Acting Deputy Assistant Administrator,
Recovery Directorate, Federal Emergency
Management Agency, U.S. Department of
Homeland Security.
Dated: August 19, 2015.
Karen L. Neuman,
Chief Privacy Officer Data Integrity Board
Chair, U.S. Department of Homeland
Security.
[FR Doc. 2015–24477 Filed 9–24–15; 8:45 am]
409 3rd Street SW., Suite 6050,
Washington, DC 20416.
SUPPLEMENTARY INFORMATION: Notice is
hereby given that as a result of the
Administrator’s disaster declaration,
applications for disaster loans may be
filed 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: Perry.
Contiguous Counties:
Kentucky: Breathitt, Clay, Harlan,
Knott, Leslie, Letcher, Owsley.
The Interest Rates are:
Percent
[Disaster Declaration #14472 and #14473]
2.625
mstockstill on DSK4VPTVN1PROD with NOTICES
SUMMARY: This is a notice of an
Administrative declaration of a disaster
for the Commonwealth of KENTUCKY
dated 09/21/2015.
Incident: Apartment Complex Fire.
Incident Period: 09/01/2015.
Effective Date: 09/21/2015.
Physical Loan Application Deadline
Date: 11/20/2015.
Economic Injury (EIDL) Loan
Application Deadline Date: 06/21/2016.
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,
20:43 Sep 24, 2015
Jkt 235001
[FR Doc. 2015–24367 Filed 9–24–15; 8:45 am]
BILLING CODE P
SMALL BUSINESS ADMINISTRATION
Revocation of License of Small
Business Investment Company
United States Small Business
Administration.
Dated: September 21, 2015.
Javier E. Saade,
Associate Administrator for Investment.
[FR Doc. 2015–24368 Filed 9–24–15; 8:45 am]
BILLING CODE P
(Catalog of Federal Domestic Assistance
Numbers 59002 and 59008)
U.S. Small Business
Administration.
ACTION: Notice
AGENCY:
VerDate Sep<11>2014
The number assigned to this disaster
for physical damage is 14472 5 and for
economic injury is 14473 0.
The State which received an EIDL
Declaration # is Kentucky.
Kentucky Disaster #KY–00060
United States Small Business
Administration.
Dated: September 21, 2015.
Javier E. Saade,
Associate Administrator for Investment and
Innovation.
Pursuant to the authority granted to
the United States Small Business
3.750 Administration by the Windup Order of
the United States District Court for the
1.875
Southern District of Florida, entered
6.000 July 1, 2015, the United States Small
Business Administration hereby revokes
4.000 the license of Crossbow Venture
Partners, L.P., a Delaware Limited
2.625 Partnership, to function as a small
business investment company under the
Small Business Investment Company
2.625 License No. 04740281 issued to
Crossbow Venture Partners, L.P., on
June 29, 2000, and said license is hereby
4.000 declared null and void as of July 1,
2015.
For Physical Damage:
Homeowners With Credit Available Elsewhere ......................
Homeowners Without Credit
Available Elsewhere ..............
Businesses With Credit Available Elsewhere ......................
Businesses
Without
Credit
Available Elsewhere ..............
Non-Profit Organizations With
Credit Available Elsewhere ...
Non-Profit Organizations Without Credit Available Elsewhere .....................................
For Economic Injury:
Businesses & Small Agricultural
Cooperatives Without Credit
Available Elsewhere ..............
Non-Profit Organizations Without Credit Available Elsewhere .....................................
BILLING CODE P
SMALL BUSINESS ADMINISTRATION
Investment Company License No. 03/
03–0246 issued to BIA Digital Partners
SBIC II LP, said license is hereby
declared null and void.
SMALL BUSINESS ADMINISTRATION
Dated: September 21, 2015.
Maria Contreras-Sweet,
Administrator.
Reporting and Recordkeeping
Requirements Under OMB Review
[FR Doc. 2015–24502 Filed 9–24–15; 8:45 am]
AGENCY:
BILLING CODE 8025–01–P
ACTION:
SMALL BUSINESS ADMINISTRATION
Surrender of License of Small
Business Investment Company
Pursuant to the authority granted to
the United States Small Business
Administration under the Small
Business Investment Act of 1958, as
amended, under Section 309 of the Act
and Section 107.1900 of the Small
Business Administration Rules and
Regulations (13 CFR 107.1900) to
function as a small business investment
company under the Small Business
PO 00000
Frm 00124
Fmt 4703
Sfmt 4703
Small Business Administration.
30-Day notice.
SUMMARY: The Small Business
Administration (SBA) is publishing this
notice to comply with requirements of
the Paperwork Reduction Act (PRA) (44
U.S.C. Chapter 35), which requires
agencies to submit proposed reporting
and recordkeeping requirements to
OMB for review and approval, and to
publish a notice in the Federal Register
notifying the public that the agency has
made such a submission. This notice
also allows an additional 30 days for
public comments.
DATES: Submit comments on or before
October 26, 2015.
E:\FR\FM\25SEN1.SGM
25SEN1
Agencies
[Federal Register Volume 80, Number 186 (Friday, September 25, 2015)]
[Notices]
[Pages 57902-57906]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2015-24477]
=======================================================================
-----------------------------------------------------------------------
SMALL BUSINESS ADMINISTRATION
DEPARTMENT OF HOMELAND SECURITY
Federal Emergency Management Agency
Privacy Act; Computer Matching Agreement
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) and
(11). For this reason, the financial and administrative
responsibilities will be evenly distributed between SBA and DHS/FEMA
unless otherwise set forth in this agreement.
II. Purpose and Legal Authority
A. Purpose of the Matching Program
The purpose of this Agreement is to establish a framework and
procedures governing the Computer Matching program between SBA and DHS/
FEMA. The Computer Matching program seeks to ensure that applicants for
SBA Disaster Loans and DHS/FEMA Individuals and Households Program,
which provides Other Needs Assistance (ONA) and Housing Assistance
(HA), do not receive 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
contained at Sec. 312(a) of the Robert T. Stafford Disaster Relief and
Emergency Assistance Act (42 U.S.C. 5155), mandates DHS/FEMA not to
duplicate assistance provided by another agency or similar source.
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, 78 FR 25282 (April 30, 2013)
(DHS/FEMA-008 SORN). The Computer Matching and Privacy Protection Act
of 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
As required by law, SBA and DHS/FEMA will not provide duplicative
disaster assistance to individuals, and businesses including Private-
Not-for Profits (PNPs) for the same disaster. To accomplish this, SBA
and DHS/FEMA will participate in a computer-matching program to share
data and financial/benefits award decisions of individuals, businesses
and/or other entities to prevent duplicative aid from being provided in
the same disaster declaration.
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 benefits provided to
disaster survivors by DHS/FEMA and SBA are not duplicated. By way of
the DHS/FEMA disaster registration identification (ID) number, DHS/FEMA
and SBA are able to identify the applications received from mutual DHS/
FEMA and SBA disaster survivors. By the nature of the sequence of
delivery as outlined in FEMA Regulation, 44 CFR 206.191, survivors that
register with DHS/FEMA for possible grant assistance, and meet SBA's
minimum income requirements, are automatically referred to SBA for
possible loan assistance. For example, DHS/FEMA received 548,953
registrations in response to hurricane Sandy, and referred 241,282 of
those registrations to SBA. More recently, in FY 2013 and 2014, DHS/
FEMA received 775,089 registrations and referred 337,619 registrations
to SBA. The computer match will also reveal instances where the same
disaster survivor has submitted applications to both DHS/FEMA and SBA,
which could result in a duplication of benefits. Since FY 2010,\1\ the
use of the CMA has identified 224,878 instances where the same disaster
survivor submitted applications to both agencies, a yearly average of
40,157. Over that same period, SBA approved 83,313 loans to homeowners
and renters, who also received assistance from FEMA. This is a yearly
average of 14,877 files identified with a potential DOB.
---------------------------------------------------------------------------
\1\ The SBA data period is from October 1, 2009 through May 11,
2015.
---------------------------------------------------------------------------
IV. Records Description
A. Systems of Records and Estimated Number of Records Involved
DHS/FEMA accesses records from its Disaster Recovery Assistance
Files system of records, as provided by the DHS/FEMA-008 SORN, through
its National Emergency Management Information System-Individual
Assistance (NEMIS-IA), 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 Disaster Loan Case Files
system of records, and match them to the records that DHS/FEMA provides
from its Disaster Recovery Assistance Files system of records. Under
this agreement, DHS/FEMA and SBA exchange data to: (1) Check for
initial registrations, (2) check for the duplication of benefits, and
(3) update the SBA Loan Status.
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.
[[Page 57903]]
B. Description of the Match
The three types of match processes, for initial registration,
duplication of benefits, and status updates, are described below.
1. DHS/FEMA-SBA Automated Import/Export Process for Initial
Registrations.
a. SBA is the recipient (i.e. matching) agency. SBA will match
records from its Disaster Loans Case Files system of records, as
identified in Section II.B, applications and information accessed via
the DCMS, to the records extracted and provided by DHS/FEMA from its
DHS/FEMA Disaster Recovery Assistance Files system of records, as
identified in Section II.B.
b. DHS/FEMA will provide SBA the data elements identified in the
current NEMIS-IA Disaster Assistance Improvement Program (DAIP)
Interface Control Document (ICD) (See Appendix A), which includes but
is not limited to the following information: Applicant's FEMA
Registration ID Number; applicant's personally identifiable
information, which includes name, address, social security number, and
date of birth; damaged property information; insurance policy data;
property occupant data; vehicle registration data; and flood zone and
flood insurance data.
c. 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 of DHS/FEMA applicants who are referred to
SBA for disaster loan assistance. Controls on the DHS/FEMA export of
data are in place to ensure that SBA only receives unique and valid
referral records.
d. 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 (SSN). 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 an exact (full) match is found among SBA
records for the current imported record, the current record is
automatically marked as a duplicate by the system with appropriate
comments inserted to indicate the corresponding record that matched. If
a partial match is found during the import process, the record is
routed for manual examination, investigation, and resolution to
determine whether it is truly a duplicate record.
2. DHS/FEMA-SBA Duplication of Benefits Automated Match Process:
a. 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 Disaster
Loans Case Files system of records, as identified in Section II.B., and
accessed via the DCMS. DHS/FEMA will match the data SBA provides to
records in its Disaster Recovery Assistance Files system of records, as
identified in Section II.B., accessed through NEMIS-IA, via the FEMA
Registration ID number. SBA will issue a data call to DHS/FEMA
requesting that DHS/FEMA return any records for which NEMIS-IA found a
match. For each match found, DHS/FEMA sends all of its applicant
information that it collects during the registration process 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-IA, using the FEMA Registration ID number as the unique
identifier.
b. DHS/FEMA will return the following fields for the matching DHS/
FEMA record, if any: FEMA Disaster Number; FEMA Registration ID number;
applicant and if applicable, co-applicant name; damaged dwelling
address, phone number, SSN, damaged property data, insurance policy
information, contact address (if different from damaged dwelling
address), flood zone and flood insurance data, FEMA Housing Assistance
and Other Needs Assistance data, program, award level, eligibility,
inspection data, verification of ownership and occupancy, and approval
or rejection data. DHS/FEMA will return no result when the FEMA
Registration ID number is not matched.
c. For each matching record received from DHS/FEMA, SBA determines
whether DHS/FEMA assistance duplicates SBA loan assistance. If SBA loan
officers determine that there is a duplication of benefits, the
duplicated amount is deducted from the eligible SBA loan amount.
3. DHS/FEMA-SBA Status Update Automated Match Process:
a. DHS/FEMA will act as the recipient (i.e. matching) agency. DHS/
FEMA will match records from its Disaster Recovery Assistance Files
system of records, as identified in Section II.B., to the records
extracted and provided by SBA from its Disaster Loans Case Files system
of records, as identified in Section II.B. The purpose of this process
is to update DHS/FEMA applicant information with the status of SBA loan
determinations. The records provided by SBA will be automatically
imported into NEMIS-IA to update the status of existing applicant
records. The records DHS/FEMA receives from SBA are of DHS/FEMA
applicants who were referred to SBA for disaster loan assistance.
Controls on the SBA export of data are in place to ensure that DHS/FEMA
only receives unique and valid referral records.
b. SBA will provide to DHS/FEMA information and data, including but
not limited to the following: Personal information about SBA
applicants, including name, damaged dwelling address, and SSN;
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.
c. Loan data for matched records will be recorded and displayed in
NEMIS-IA. Loan data will also be run through NEMIS-IA business rules;
potentially duplicative categories of assistance are sent to FEMA's
Program Review process for manual evaluation of any duplication of
benefits. If FEMA review staff determines that there is a duplication
of benefits, the duplicated amount is deducted from the eligible award.
FEMA applicants receive a letter that indicates the amount of their
eligible award and their ability to appeal.
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 and will continue for as long as this agreement,
including any renewals, remains in effect.
V. Notice Procedures
A. DHS/FEMA Recipients
FEMA Form 009-0-1 ``Application/Registration for Disaster
Assistance,''
[[Page 57904]]
Form 009-0-3 ``Declaration and Release'' (both part of 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 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 its system of records notice identified in
Section II.B.
B. SBA Recipients
SBA Forms 5 ``Disaster Business Loan Application,'' 5C ``Disaster
Home Loan Application,'' and the Electronic Loan Application (ELA)
include a Privacy Act statement that provides notice that SBA may
disclose personal information under a published ``routine use,'' as
permitted by law. SBA's published system of records notice, identified
in Section II. B), provides notice that a computer match may be
performed to share information with another Federal agency in
connection with the issuance of a grant, loan or other benefit. In
addition, the Privacy Act requires that a copy of each CMA entered into
with a recipient agency shall be available upon request to the public.
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 NEMIS-IA 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 Section IV.B.1.
If the applicant's data does not match an existing pre-application
or application in the SBA's DCMS, then the applicant's data will be
inserted into DCMS to create a new pre-Application. An SBA application
for disaster assistance may be mailed to the registrant.
If the applicant'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. If there is
an exact match, the system will insert the record within the SBA's DCMS
but will identify it as a duplicate with appropriate comments inserted
to indicate the corresponding record that matched. If there is a
partial match, the system will insert the record within the SBA's DCMS
but will identify it as a potential duplicate. The record is then
further reviewed by SBA employees to determine whether the data
reported by the DHS/FEMA applicant is a duplicate of previously
submitted registration data. Only one of the applications is kept for
processing and the other duplicate pre-applications or applications
will not be processed.
B. DHS/FEMA-SBA Duplication of Benefits Automated Match
The matching program is to ensure that recipients of SBA disaster
loans have not received duplicative benefits for the same disaster from
DHS/FEMA. The matching process begins by matching the DHS/FEMA
Registration ID number. If the data matches, specific to the
application or approved loan, SBA will then proceed with its manual
process to determine whether there is a duplication of benefits. Upon
determining that there is duplication of benefits, 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.
At SBA, the matching program for duplication of benefits will be
executed as part of loan processing and prior to each disbursement of
an approved SBA disaster loan. Any match indicating that there is a
possible duplicate benefit will be further reviewed by an SBA employee
to determine whether the DHS/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 and the applicant will be
provided written notice of the changes by processing a loan
modification to reduce the loan amount or, where appropriate, to repay
the DHS/FEMA grant program. The notice will provide the applicant with
an opportunity to apply for reconsideration of the loan modification
within six months of the date of the notice.
C. DHS/FEMA-SBA Status Update Automated Processes
For informational purposes, SBA sends DHS/FEMA loan status updates
as they occur and FEMA updates the loan records in NEMIS-IA based on
the loan information received.
D. Policies and Procedures Regarding A, B and C Above
Authorized users of both DCMS and DHS/FEMA NEMIS-IA will not make a
final decision to reduce or deny benefits of any financial assistance
to an applicant or take other adverse final 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 and provided written notice to
the applicant with a statement of the findings and informing the
individual of the opportunity to respond or contest, along with the
expiration of the time to respond or contest.
VII. Retention of Matched Items
Pursuant to SBA document retention policy, SBA retains applicant
records in DCMS loan files, including records for matched items. DHS/
FEMA will retain records pursuant to the Retention and Disposal section
of DHS/FEMA--008 Disaster Recovery Assistance Files, 78 FR 25282 (Apr.
30, 2013).
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:
[[Page 57905]]
SBA will pull application data from DHS/FEMA Disaster Assistance
Center (DAC) via a web services based Simple Object Access Protocol
(SOAP), Extensible Markup Language (XML)/Hypertext Transfer Protocol
Secure (HTTPS) request. The data will be used to create applications
inside the Disaster Credit Management System. For each record, a
National Information Exchange Model (NIEM)-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 web services-based SOAP, XML/HTTPS
request.
The DHS/FEMA Duplication of Benefits Interface will be initiated
from the DCMS to the DHS/FEMA NEMIS-IA 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
and grant and loan making processes.
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 DHS/FEMA and SBA routine uses
provided in the systems of records notices identified in Section II.B.
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.
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 the Privacy Act (5 U.S.C. 552a(c))
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 DHS/FEMA 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.
In order to apply for SBA's Disaster Loan Assistance online via
SBA's Electronic Loan Application (ELA) an applicant's name, address,
SSN, and date of birth and other information is sent to a commercial
database provider to perform identity verification. The identity
verification confirms that a person exists with the provided
credentials. In the rare instances where the online applicant's
identity cannot be verified electronically or if the applicant chooses,
the applicant must call SBA's Customer Service Center to complete the
online application. Once an application (electronic or paper) is
completed and submitted, the information is transmitted to the DCMS
system, where it is reviewed and processed by loan officers, who also
verify each applicant's identity.
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 Section 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),
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Privacy Officer, Federal Emergency Management Agency, Department of
Homeland Security; and Jeffrey Jackson (202-205-6595), Chief
Information Security Officer, Office of the Chief Information Officer,
Small Business Administration.
XVI. Signatures
The authorizing officials whose signatures appear below have
committed their respective agencies to the terms of this Agreement.
Small Business Administration.
Dated: September 14, 2015.
James Rivera,
Associate Administrator for Disaster Assistance, U.S. Small Business
Administration.
Dated: September 9, 2015.
Matthew Varilek,
Chief Operating Officer, Data Integrity Board Chair, U.S. Small
Business Administration.
U.S. Department of Homeland Security Federal Emergency Management
Agency.
Dated: August 4, 2015.
Keith Turi,
Acting Deputy Assistant Administrator, Recovery Directorate, Federal
Emergency Management Agency, U.S. Department of Homeland Security.
Dated: August 19, 2015.
Karen L. Neuman,
Chief Privacy Officer Data Integrity Board Chair, U.S. Department of
Homeland Security.
[FR Doc. 2015-24477 Filed 9-24-15; 8:45 am]
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