[Federal Register Volume 89, Number 14 (Monday, January 22, 2024)]
[Notices]
[Pages 3940-3942]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-01057]


-----------------------------------------------------------------------

DEPARTMENT OF HOMELAND SECURITY

[Docket No. DHS-2023-0035]


Privacy Act of 1974 Matching Program

AGENCY: Department of Homeland Security, Federal Emergency Management 
Agency

ACTION: Notice of a new matching program.

-----------------------------------------------------------------------

SUMMARY: The Department of Homeland Security, Federal Emergency 
Management Agency (FEMA) and the United States Small Business 
Administration (SBA), pursuant to the Robert T. Stafford Disaster 
Relief and Emergency Assistance Act may not provide duplicative 
disaster assistance to individuals, businesses, including Private-Not-
for Profits (PNPs), or other entities for the same disaster or 
emergency losses. DHS/FEMA and SBA will participate in a Computer 
Matching program to share federal records regarding financial/benefits 
award decisions of individuals, businesses, and/or other entities to 
verify eligibility for benefits, prevent duplicative aid from being 
provided in response to the same disaster or emergency, and recover aid 
when duplication of benefits is identified. This proposed Agreement re-
establishes the Computer Matching program between DHS/FEMA and SBA that 
is set to expire on March 2, 2024.

DATES: This Agreement will take effect 30 days from the date copies of 
this signed Agreement are sent to both Houses of Congress and OMB, or 
thirty (30) days from the date the Computer Matching Notice is 
published in the Federal Register for public comment, at which time 
comments will be addressed. Additionally, depending on whether comments 
are received, this Agreement could yield a contrary determination 
(Commencement Date). DHS/FEMA is the agency that will: 1. Transmit this 
Agreement to Congress; 2. Notify OMB; 3. Publish the Computer Matching 
Notice in the Federal Register; and 4. Address public comments that may 
result from publication in the Federal Register.

ADDRESSES: You may submit comments on this proposed matching program, 
identified by docket number DHS-

[[Page 3941]]

2023-0035 by one of the following methods:
     Federal e-Rulemaking Portal: http://www.regulations.gov. 
Follow the instructions for submitting comments.
     Fax: 202-343-4010.
     Mail: Mason Clutter, Chief Privacy Officer, Privacy 
Office, Department of Homeland Security, Washington, DC 20528-0655 or 
Sheri McConville, Director (Acting), Office of Performance and Systems 
Management, Office of Capital Access, U.S. Small Business 
Administration, 409 3rd Street SW, Washington, DC 20416.
    Instructions: All submissions received must include the agency name 
and docket number DHS-2023-0035. All comments received will be posted 
without change to http://www.regulations.gov, including any personal 
information provided.
    Docket: For access to the docket to read background documents or 
comments received, go to http://www.regulations.gov.

FOR FURTHER INFORMATION CONTACT: To obtain additional information about 
this matching program and the contents of this Computer Matching 
Agreement between DHS-FEMA and SBA, please view this Computer Matching 
Agreement at the following website: https://www.dhs.gov/publication/computer-matching-agreements-and-notices. For general questions about 
this matching program, contact Mason Clutter, (202) 343-1717, DHS Chief 
Privacy Officer, Department of Homeland Security, Washington, DC 20528-
0655. For additional information from FEMA, contact Russell Bard (202-
766-0582), Chief Privacy Officer, FEMA Privacy Branch, and Maile Arthur 
(202-577-6333), Deputy Director, Information Management Division, 
Federal Emergency Management Agency, Department of Homeland Security; 
and inquiries related to the Small Business Administration: Sheri 
McConville, Director (Acting), Office of Performance and Systems 
Management at (202) 401-4281 or SheriMcConville@sba,gov, Kelvin Moore, 
Chief Information Security Officer, Office of the Chief Information 
Officer at (202-921-6273) or sba.gov">kelvin.moore@sba.gov. For SBA privacy 
related inquiries LaWanda Burnette, Chief Privacy Officer, Office of 
the Chief Information Officer, Small Business Administration at (202-
853-0851) or sba.gov">lawanda.burnette@sba.gov.

SUPPLEMENTARY INFORMATION: The Agreement between SBA and DHS/FEMA is 
expected to aid in the reduction of Duplication of Benefits (DOB) 
payments to survivors of major disaster declarations. This will be 
accomplished by matching specific FEMA disaster applicant data with SBA 
disaster loan application and decision data for a declared disaster, as 
set forth in the Agreement. Prior to the use of this computer match, 
SBA loan officers used stand-alone Personal Computers to access FEMA's 
computer system, National Emergency Management Information System-
Individual Assistance (NEMIS-IA) and matched records manually. SBA and 
DHS/FEMA are dual source and recipient agencies in this matching 
program. DHS/FEMA provides this notice in accordance with the Privacy 
Act of 1974 (5 U.S.C. 552a), as amended by the Computer Matching and 
Privacy Protection Act of 1988 (Pub. L. 100-503) and the Computer 
Matching and Privacy Protection Amendments of 1990 (Pub. L. 101-508) 
(Privacy Act); Office of Management and Budget (OMB) Final Guidance 
Interpreting the Provisions of Pub. L. 100-503, the Computer Matching 
and Privacy Protection Act of 1988, 54 FR 25818 (June 19, 1989); and 
OMB Circular A-108, 81 FR 94424 (December 23, 2016). This proposed 
Agreement re-establishes the Computer Matching program between DHS/FEMA 
and SBA that is set to expire on March 2, 2024.
    The notice for that agreement can be found here in the Federal 
Register: https://www.govinfo.gov/content/pkg/FR-2021-08-30/pdf/2021-18551.pdf. Furthermore, that current agreement, and future agreements, 
can be found on SBA's website: Privacy Act (sba.gov) and on DHS's 
website: Computer Matching Agreements and Notices [verbar] Homeland 
Security (dhs.gov).

PARTICIPATING AGENCIES:
    DHS/FEMA and SBA.

AUTHORITY FOR CONDUCTING THE MATCHING PROGRAM:
    Robert T. Stafford Disaster Relief and Emergency Assistance Act 
(Pub. L. 93-288), as amended at 42 U.S.C. 5121 et seq.
    The Debt Collection Improvement Act of 1996, 31 U.S.C. 3325(d) and 
7701(c)(1).
    Section 121 of the Immigration Reform and Control Act (IRCA) of 
1986, Pub. L. 99-603, as amended by the Personal Responsibility and 
Work Opportunity Reconciliation Act of 1996 (PRWORA), Pub. L. 104-193, 
110 Stat. 2168 (1996), requires DHS to establish a system for the 
verification of immigration status of noncitizen applicants for, or 
recipients of, certain types of benefits as specified within IRCA, and 
to make this system available to state agencies that administer such 
benefits.
    The Illegal Immigration Reform and Immigrant Responsibility Act of 
1996 (IIRIRA), Pub. L. 104-208, 110 State. 3009 (1996) grants federal, 
state, or local government agencies seeking to verify or ascertain the 
citizenship or immigration status of any individual within the 
jurisdiction of the agency with the authority to request such 
information from DHS-U.S. Citizenship and Immigration Services for any 
purpose authorized by law.

PURPOSE:
    DHS/FEMA and SBA may not provide duplicative disaster assistance to 
individuals, businesses, including Private-Not-for Profits (PNPs), or 
other entities for the same disaster or emergency losses. DHS/FEMA and 
SBA will participate in a Computer Matching program to share federal 
records related to financial/benefits award decisions of individuals, 
businesses, and/or other entities to verify eligibility for benefits, 
prevent duplicative aid from being provided in response to the same 
disaster or emergency, and recover aid when duplication of benefits is 
identified.

CATEGORIES OF INDIVIDUALS:
    Individuals and households who apply for FEMA disaster assistance 
following a Presidentially declared major disaster or emergency.

CATEGORIES OF RECORDS:
    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 (SBA 20), 
applications and information accessed via the Disaster Lending System, 
to the records extracted and provided by DHS/FEMA from its DHS/FEMA 
Disaster Recovery Assistance Files system of records.
    b. DHS/FEMA will provide SBA the data elements identified in the 
current NEMIS-IA Disaster Assistance Improvement Program (DAIP) 
Interface Control Document (ICD), which includes but is not limited to 
the following information: Applicant's personally identifiable 
information (PII), which includes: FEMA Registration ID Number, 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.

[[Page 3942]]

    c. SBA will conduct the match against the Disaster Loans Case Files 
system of records (SBA 20) via Disaster Lending System 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 SSN. A 
partial match exists when an SBA record matches a DHS/FEMA record on 
one or more, but not all 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) 
agencies. SBA will extract and provide to DHS/FEMA data from its 
Disaster Loans Case Files system of records and accessed via the 
Disaster Lending System. DHS/FEMA will match the data SBA provides to 
records in its Disaster Recovery Assistance Files system of records, 
accessed through NEMIS-IA System, 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 applicant information that it collects during the 
registration process to SBA so that SBA may match these records with 
its registrant data in the Disaster Lending System. SBA's Disaster 
Lending System 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 to the records extracted and provided by SBA from its 
Disaster Loans Case Files system of records. 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 e1igible award. 
FEMA applicants receive a letter (hardcopy or electronic) that 
indicates the amount of their eligible award and their ability to 
appeal.

SYSTEM OF RECORDS:
    DHS/FEMA-008 Disaster Recovery Assistance Files (87 FR 7852, 
February 10, 2022) accesses records from its Disaster Recovery 
Assistance Files system of records, as provided by the DHS/FEMA--008 
SORN, through its NEMIS-IA system, and matches them to the records that 
SBA provides from its SBA-20 Disaster Loans Case Files, 86 FR 64979 
(November 19, 2021) system of records, as amended. SBA 20 Disaster 
Loans Case Files (86 FR 64979, November 19, 2021) uses its Disaster 
Lending System 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.

Mason C. Clutter,
Chief Privacy Officer, Department of Homeland Security.
[FR Doc. 2024-01057 Filed 1-19-24; 8:45 am]
BILLING CODE 9110-9L-P