[Federal Register Volume 78, Number 83 (Tuesday, April 30, 2013)]
[Notices]
[Pages 25282-25288]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2013-10173]
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DEPARTMENT OF HOMELAND SECURITY
Office of the Secretary
[Docket No. DHS-2013-0029]
Privacy Act of 1974; Department of Homeland Security Federal
Emergency Management Agency--008 Disaster Recovery Assistance Files
System of Records
AGENCY: Privacy Office, Department of Homeland Security.
ACTION: Notice of Privacy Act System of Records.
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SUMMARY: In accordance with the Privacy Act of 1974, the Department of
Homeland Security proposes to update and reissue a current Department
of Homeland Security system of records titled, ``Department of Homeland
Security/Federal Emergency Management Agency--008 Disaster Recovery
Assistance Files System of Records.'' This system of records allows the
Department of Homeland Security/Federal Emergency Management Agency to
collect and maintain records on applicants for its Disaster Assistance
programs that provide financial and other tangible assistance to
survivors of Presidentially-declared disasters. As a
[[Page 25283]]
result of a biennial review of this system, this system of records
notice has been updated as follows: Legal authorities have been added
to account for all assistance that applicants may be eligible for and
receive from FEMA; categories of records and record source categories
reference and reflect new FEMA form numbers and account for all
relevant records of assistance received from FEMA and other entities;
categories of individuals more accurately reflect the individuals
covered by the various programs covered by this system and explain
that, although anyone may apply for the Individuals and Households
Program (IHP) assistance, there are citizenship requirements tied to
IHP eligibility; the purpose has been clarified to include other
assistance programs in addition to IHP and to also include customer
satisfaction assessments; routine uses have been revised to name tribal
government agencies as potential recipients to comport with section
1110 of the Sandy Recovery Improvement Act of 2013 (Pub. L. 113-2);
ensure recipients of information are identified in a consistent manner;
expand the universe of potential recipients identified in current
routine uses; incorporate congressionally mandated routine uses per 42
U.S.C. 5714(f)(2) as to sharing information with the States; and to
delete the requirement that all routine use requests be made in
writing; changes have been made to the retention and disposal of the
records; and the record source categories have been updated to reflect
housing forms not previously listed.
Additionally, this notice includes non-substantive changes to
simplify the formatting and text of the previously published notice.
This updated system will be included in the Department of Homeland
Security's inventory of record systems.
DATES: Submit comments on or before May 30, 2013. This updated system
will be effective May 30, 2013.
ADDRESSES: You may submit comments, identified by docket number DHS-
2013-0029 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: Jonathan R. Cantor, Acting Chief Privacy Officer,
Privacy Office, Department of Homeland Security, Washington, DC 20528.
Instructions: All submissions received must include the agency name
and docket number for this rulemaking. 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, please visit http://www.regulations.gov.
FOR FURTHER INFORMATION CONTACT: For general questions, please contact:
Eric M. Leckey, 202-212-5100, Privacy Officer, Federal Emergency
Management Agency, Department of Homeland Security, Washington, DC
20528. For privacy questions, please contact: Jonathan R. Cantor, 202-
343-1717, Acting Chief Privacy Officer, Privacy Office, Department of
Homeland Security, Washington, DC 20528.
SUPPLEMENTARY INFORMATION:
I. Background
In accordance with the Privacy Act of 1974, 5 U.S.C. 552a, the
Department of Homeland Security (DHS)/Federal Emergency Management
Agency (FEMA) proposes to update and reissue an existing system of
records entitled, ``DHS/FEMA--008 Disaster Recovery Assistance Files
System of Records,'' 74 FR 48763 (September 24, 2009).
This system of records notice is being published because FEMA
collects, maintains, uses, retrieves, and disseminates the personally
identifiable information (PII) of individuals who apply for FEMA
disaster assistance in the aftermath of a Presidentially-declared
disaster. FEMA's applicant records included in this system may contain
income information, insurance information, housing inspection reports,
and correspondence notations about the various types of assistance,
including information about appeals, and other information.
The purpose of this system of records is to facilitate registration
for FEMA's disaster assistance programs, to verify IHP applicant
information, determine eligibility of the applicants, and to focus,
direct, refer, and correspond applicants to all sources of disaster
assistance. Additional purposes include identifying and implementing
measures to reduce future disaster damage, preventing a duplication of
federal government efforts and benefits, and identifying possible
fraudulent activity after a Presidentially-declared disaster or
emergency. Finally, information from this system of records may be used
to facilitate FEMA's efforts to assess the customer service it provides
to those receiving FEMA assistance.
FEMA collects, uses, maintains, retrieves, and disseminates the
records within this system under the authority of the Robert T.
Stafford Disaster Relief and Emergency Assistance Act (the Stafford
Act), Pub. L. No. 93-288, as amended (42 U.S.C. 5121-5207); 6 U.S.C.
776-77, and 795; the Debt Collection Improvement Act of 1996, 31 U.S.C.
3325(d) and 7701(c)(1); the Government Performance and Results Act,
Pub. L. No. 103-62, as amended; Reorganization Plan No. 3 of 1978;
Executive Order 13411, ``Improving Assistance for Disaster Victims,''
dated August 29, 2006; and Executive Order 12862 ``Setting Customer
Service Standards,'' dated September 11, 2003, as described in this
notice.
This updated system of records provides greater transparency by
encompassing all of FEMA's disaster assistance records, including those
records related to IHP, as well as the customer service survey
assessments within a single system of records.
This system of records notice is being published pursuant to the
biennial review requirement under the Privacy Act of 1974. Specific
updates are described below:
First, FEMA is expanding the purpose of the system to account for
all FEMA assistance that applicants may be eligible to receive, not
just IHP records, and to explicitly include customer satisfaction
assessments. This change is necessary to account for records of various
FEMA assistance programs that individuals may receive within this
system of records. Second, the categories of records have been updated
to reflect the discontinuation of FEMA's Other Needs Assistance forms
(specifically, forms numbered 76-27, 76-28, 76-30, 76-32, 76-34, 76-35,
76-38, and related forms). The accompanying approved collection (OMB
ICR No. 1660-0018) has also been retired to reflect FEMA's
discontinuation of these forms. The categories of records have been
further revised to include information that FEMA maintains about
disaster assistance applicants from other FEMA programs and third-
parties concerning financial payments that applicants received from
other sources for similar purposes. This is necessary to prevent a
duplication of benefits as mandated by the Stafford Act, 42 U.S.C.
5174, and 44 CFR 206.191, to better address situations in which a
private entity is wholly or partially responsible for a declared
disaster under the Stafford Act, 42 U.S.C. 5160, and to ensure that
applicants can receive assistance from additional and available
sources. In addition, the categories of records no longer refers to a
specific form entitled, ``Inspection Report FEMA Form 90-56.'' This has
been replaced with the more inclusive ``Inspection Reports'' to reflect
[[Page 25284]]
FEMA's current practice of using an electronic device narrative as
opposed to a paper form. Third, categories of individuals have been
updated to more accurately reflect the individuals covered by this
system and to explain that, although anyone may apply for and receive
certain types of disaster assistance, not everyone will be eligible.
For example, there is a citizenship requirement for IHP assistance and,
in addition, not all applicants may be able to complete the full
application initially for a variety of practical reasons. Fourth, the
legal authorities have been revised to include the Government
Performance and Results Act, Pub. Law No. 103-62, as amended; and
Executive Order 12862 ``Setting Customer Service Standards,'' as
additional authorities to augment the requirements of Executive Order
13411, ``Improving Assistance for Disaster Victims,'' related to its
customer satisfaction assessments. Fifth, this update reflects the
removal of the blanket requirement that all routine use requests be
made in writing and revises several of the system's routine uses and
added new routine uses as follows: Included a FEMA-state agreement as
an acceptable sharing vehicle and includes contractors and sub-grantees
that a state or federal agency may use to carry out programs in (H)(1);
added the term ``Long Term Recovery Committee'' as a recipient in
(H)(2); clarified that ``Long Term Recovery Committee'' is a recipient
under (H)(3) and added ``local government agency,'' ``utility
companies,'' and ``hospitals/health care providers'' as a recipients in
(H)(3); removed the term ``Disability Coordinator'' and added the term
``assistive technology'' in (H)(4); added (H)(5) to further the FEMA
Administrator's efforts to include and involve the private sector in
disaster management pursuant to 6 U.S.C. 313(b)(2); added (H)(6) to
facilitate the provision of medical equipment and assistive technology
to IHP applicants; added (H)(7) to allow for sharing with federal,
state, tribal, and local government agencies for purposes of performing
surveys and/or studies; added language to (I) to specify the
information that DHS/FEMA will share; and added ``phone number'' and
``number of household occupants'' in (M) to the information that will
be shared. Sixth, the retention and disposal section has been revised
to include the National Archives and Records Administration (NARA)
authority and the retention schedule information for FEMA's customer
satisfaction assessment records. Lastly, the record source categories
have been updated to reflect current FEMA form number 010-0-12 and to
include other housing forms not previously listed. FEMA has also made
non-substantive grammatical changes throughout this notice for
clarification purposes.
This updated system will be included in DHS's inventory of record
systems.
II. Privacy Act
The Privacy Act embodies fair information practice principles in a
statutory framework governing the means by which Federal Government
agencies collect, maintain, use, and disseminate individuals' records.
The Privacy Act applies to information that is maintained in a ``system
of records.'' A ``system of records'' is a group of any records under
the control of an agency from which information is retrieved by the
name of an individual or by some identifying number, symbol, or other
identifying particular assigned to the individual. In the Privacy Act,
an individual is defined to encompass U.S. citizens and lawful
permanent residents. As a matter of policy, DHS extends administrative
Privacy Act protections to all individuals when systems of records
maintain information on U.S. citizens, lawful permanent residents, and
visitors.
Below is the description of the DHS/FEMA-008 Disaster Recovery
Assistance Files System of Records.
In accordance with 5 U.S.C. 552a(r), DHS has provided a report of
this system of records to the Office of Management and Budget (OMB) and
to Congress.
System of Records
Department of Homeland Security (DHS)/Federal Emergency Management
Agency (FEMA)-008
System name:
DHS/FEMA-008 Disaster Recovery Assistance Files System of Records.
Security classification:
Unclassified.
System location:
National Processing Service Centers (NPSC) located at FEMA MD-NPSC,
6511 America Boulevard, Hyattsville, MD 20782; FEMA VA-NPSC, 430 Market
Street, Winchester, VA 22603; and FEMA TX-NPSC, 3900 Karina Lane,
Denton, TX 76208. In addition, FEMA's Disaster Assistance Improvement
Program (DAIP), National Emergency Management Information System-
Individual Assistance (NEMIS-IA), and Enterprise Data Warehouse/
Operational Data Store (EDW/ODS) information technology systems may
contain these records.
Categories of individuals covered by the system:
All individuals who apply for or express interest in applying for
FEMA disaster assistance following a Presidentially-declared major
disaster or emergency. (Note: FEMA will accept applications from any
individual, however, an individual must be a United States citizen,
non-citizen national, or qualified alien to meet the eligibility
requirements for Individuals and Households Program assistance.)
Categories of records in the system:
(a) Registration Records (Disaster Assistance Pre-Registration
Intake Form, Disaster Assistance Registration/Application, FEMA Form(s)
009-0-1, 009-0-2, 009-0-1t, 009-0-1int, and 009-0-2int):
Individual applicant's full name;
Applicant's Social Security Number, alien registration
number, co-applicant's Social Security Number;
Date of birth;
Phone numbers;
Email addresses;
Addresses (damaged dwelling address and any other current
address if different than damaged dwelling address);
Geospatial location of dwelling;
Language(s) spoken;
Date of disaster and/or property loss including cause of
damage and estimates of repair;
Current location;
Name of each disaster (disaster number);
Income information;
Acceptable forms of identification (e.g., driver's
license, state/federal issued photo identification);
Emergency or other needs of the individual (e.g., food,
clothing, shelter, medical, dental, moving, storage, funeral,
functional);
Type of residence;
Insurance coverage information including insurance type
and insurance company name;
Household size and composition including number, age, and
dependent status;
Bank name and account information including electronic
funds transfer information; and
Right of entry to property consent and other written
consents.
(b) Inspection Reports:
Inspection reports contain applicants' personally
identifiable information (PII) and results of assessments of damaged
real and personal property and goods, which may include applicant homes
and personal items and notations of clearing of muck and debris by
contractors and partnering agencies.
[[Page 25285]]
(c) Temporary Housing Assistance Eligibility Determinations (FEMA
Forms 009-0-5, and 009-0-6) and Application for Continued Temporary
Housing Assistance (FEMA Form 010-0-12), Request for Site Inspection
(FEMA FORM 010-0-9), Landowners Ingress/Egress Agreement (FEMA FORM
010-0-10), as well as the following related information:
Correspondence and documentation related to the approval
and disapproval of temporary housing assistance including: General
correspondence; complaints, appeals, and resolutions; requests for
disbursement of payments; inquiries from tenants and landlords; general
administrative and fiscal information; payment schedules and forms;
termination notices; information shared with the temporary housing
program staff from other agencies to prevent the duplication of
benefits; leases; contracts; specifications for repair of disaster
damaged residences; reasons for eviction or denial of aid; sales
information after tenant purchase of housing units; and the status or
disposition of housing applications.
(d) Assistance from Other Sources:
Notations and reports of decisions for disaster or similar
financial awards and assistance from other FEMA Programs, federal and
state agencies, insurance companies, employer, bank, financial, power/
utility companies, health care providers, safety/rescue services, and
public or private entities as they relate to determinations of
applicants' eligibility for IHP programs disaster assistance;
Correspondence between the applicant and FEMA concerning
disaster assistance determinations and subsequent appeals and/or
arbitration of such determinations; and
Other files independently kept by the state that contain
records of persons who request disaster aid, specifically for the
``Other Needs'' assistance provision of the IHP administrative files
and reports required by FEMA. As to individuals, the state keeps the
same type of information as described above under registration,
inspection, and temporary housing assistance records.
(e) Declaration and Release Form (009-0-3, 009-0-4).
(f) Customer service survey responses.
Authority for maintenance of the system:
Robert T. Stafford Disaster Relief and Emergency Assistance Act
(the Stafford Act), Public Law 93-288, as amended (42 U.S.C. 5121-
5207); 6 U.S.C. 776-777, and 795; the Debt Collection Improvement Act
of 1996, 31 U.S.C. 3325(d) and 7701(c)(1); the Government Performance
and Results Act, Public Law 103-62, as amended; Executive Order 13411
``Improving Assistance to Disaster Victims,'' dated August 29, 2006;
and Executive Order 12862 ``Setting Customer Service Standards,'' dated
September 11, 2003.
Purpose(s):
To register applicants seeking disaster assistance from FEMA, to
verify IHP applicant information, determine eligibility of the
applicants, to focus, direct, refer, and correspond applicants to all
sources of disaster assistance, and to inspect damaged property.
Additional purposes include: to identify and implement measures to
reduce future disaster damage, to prevent a duplication of federal
government efforts and benefits, identify possible fraudulent activity
after a Presidentially-declared disaster or emergency, and to assess
the customer satisfaction of FEMA disaster assistance applicants.
Routine uses of records maintained in the system, including categories
of users and the purposes of such uses:
In addition to those disclosures generally permitted under 5 U.S.C.
552a(b) of the Privacy Act, all or a portion of the records or
information contained in this system may be disclosed outside DHS/FEMA
as a routine use pursuant to 5 U.S.C. 552a(b)(3) as follows upon
request unless noted otherwise:
A. To the Department of Justice (DOJ), including U.S. Attorney
Offices, or other federal agencies conducting litigation or in
proceedings before any court, adjudicative, or administrative body,
when it is relevant or necessary to the litigation and one of the
following is a party to the litigation or has an interest in such
litigation:
1. DHS or any component thereof;
2. any employee of DHS in his/her official capacity;
3. any employee of DHS in his/her individual capacity when DOJ or
DHS has agreed to represent the employee; or
4. the U.S. or any agency thereof.
B. To a congressional office from the record of an individual in
response to an inquiry from that congressional office made at the
request of the individual to whom the record pertains.
C. To the National Archives and Records Administration (NARA) or
General Services Administration pursuant to records management
inspections being conducted under the authority of 44 U.S.C. Sec. Sec.
2904 and 2906.
D. To an agency or organization for the purpose of performing audit
or oversight operations as authorized by law, but only such information
as is necessary and relevant to such audit or oversight function.
E. To appropriate agencies, entities, and persons when:
1. DHS suspects or has confirmed that the security or
confidentiality of information in the system of records has been
compromised;
2. DHS has determined that as a result of the suspected or
confirmed compromise, there is a risk of identity theft or fraud, harm
to economic or property interests, harm to an individual, or harm to
the security or integrity of this system or other systems or programs
(whether maintained by DHS or another agency or entity) that rely upon
the compromised information; and
3. The disclosure made to such agencies, entities, and persons is
reasonably necessary to assist in connection with FEMA's efforts to
respond to the suspected or confirmed compromise and prevent, minimize,
or remedy such harm.
F. To contractors and their agents, grantees, experts, consultants,
and others performing or working on a contract, service, grant,
cooperative agreement, or other assignment for FEMA, when necessary to
accomplish an agency function related to this system of records.
Individuals provided information under this routine use are subject to
the same Privacy Act requirements and limitations on disclosure as are
applicable to FEMA officers and employees.
G. To an appropriate federal, state, tribal, local, international,
or foreign law enforcement agency or other appropriate authority
charged with investigating or prosecuting a violation or enforcing or
implementing a law, rule, regulation, or order, when a record, either
on its face or in conjunction with other information, indicates a
violation or potential violation of law, which includes criminal,
civil, or regulatory violations and such disclosure is proper and
consistent with the official duties of the person receiving the
information.
H. To certain government, private sector, and voluntary entities
when FEMA may disclose applicant information necessary to prevent a
duplication of efforts or a duplication of benefits in determining
eligibility for disaster assistance, and/or to address unmet needs of
eligible, ineligible, or partially eligible FEMA applicants. The
receiving entity is not permitted to alter or to further disclose the
information to other disaster organizations or outside third parties.
FEMA may make such disclosures under the following circumstances:
[[Page 25286]]
1. To other federal agencies, and agencies of states, tribal, and
local governments, including programs that make available any disaster
assistance to individuals and households and/or give preference of
priority to disaster applicants, including those that evacuate from a
declared state to another state and to prevent a duplication of efforts
or benefits. State agencies may request and receive information using
the protocols established in an appropriate FEMA-state agreement as
defined in 44 CFR 206.44. Federal and state government agencies may
share information they receive from FEMA with their contractors/
grantees, and/or agents that are administering a disaster related
program on behalf of the Agency (e.g., other state, tribal, and local
agencies working under the guise of the requesting state agency)
according to the same protocols and safeguards protecting the
information.
2. To local government agencies, voluntary organizations (as
defined in 44 CFR 206.2(a)(27)), and FEMA- and/or state- recognized
Long Term Recovery Committees (LTRC) and their members for a declared
county charged through legislation or chartered with administering
disaster relief/assistance programs. The written request from the
entity shall include the applicant's name, date of birth, FEMA
registration/application number, and damaged dwelling address (or
geospatial location of dwelling). The entity must explain the type of
tangible assistance being offered and the type of verification required
before the assistance can be provided.
3. To local government agencies, utility companies, hospitals/
health care providers, and voluntary organizations (as defined at 44
CFR 206.2(a)(27)). The voluntary organization must either have a
national membership in good standing with the National Voluntary
Organizations Active in Disaster (NVOAD), be a FEMA or state recognized
Long-Term Recovery Committee (LTRC), or member of such committee for
that disaster. The above-mentioned entities must have a disaster
assistance program to address the unmet disaster-related needs of
disaster survivors and be actively involved in the recovery efforts of
the disaster. FEMA may disclose to the above mentioned entities lists
of applicant names, contact information, their FEMA inspected loss
amount, amounts received, award category, and Small Business
Administration loan status for the purpose of providing additional
disaster assistance and/or addressing unmet needs. FEMA may disclose
the aforementioned data elements according to different sub-categories
of disaster applicants (e.g., those that received maximum amounts,
those that have flood insurance coverage, those with emergency needs,
or those over a certain age). FEMA shall release this information only
during the disaster period of assistance as defined in 44 CFR
206.110(e), plus 90 days to address any appeals (44 CFR 206.115(f)).
4. FEMA may immediately disclose, on a case by case basis, to an
entity qualified under Routine Use (H)(3), and to entities that loan or
donate new or reused durable medical equipment and assistive
technology, information about applicants in need of such equipment or
technology as a result of a declared disaster, if the applicant in
question has an immediate need for durable medical equipment or
assistive technology, and the qualifying entity is able to provide the
assistance in question. An immediate need is one that is of such
urgency or severity that one could reasonably expect the absence of the
durable medical equipment or assistive technology to place the health
of the applicant in serious jeopardy, to compromise the safety of the
applicant, or prevent the applicant from relocating from a shelter
facility to the next stage of recovery.
Specifically, FEMA may release the applicant's name and limited
contact information (telephone number, email address, and if being
delivered to a location other than a shelter, the current address and/
or geospatial location data). A written request is not necessary in
this situation; however, FEMA shall provide a written letter (or email)
along with the information to the receiving entity, and in turn the
receiving entity shall acknowledge receipt of message that it has
received the information and has contacted the applicant. In addition,
the entity will confirm that it has taken the steps to protect the
information provided.
5. To a private sector entity/business for the purpose of
administering, coordinating, and/or providing tangible assistance to
the entity's employees who have applied for assistance to address their
disaster-related losses. The request from the private sector entity/
business must include its employees' names, dates of birth, damaged
dwelling addresses, and the types of tangible assistance the entity is
offering its employees. FEMA shall only release the contact information
of those applicants who are employed by the requesting entity. FEMA
shall release this information only during the disaster period of
assistance as defined in 44 CFR Sec. 206.110(e).
6. To organizations that are able to provide durable medical
equipment and assistive technology to applicants in need of such
devices as a result of a declared disaster. FEMA may disclose
applicants' name and contact information to include the current address
and phone number.
7. To federal, state, tribal, and local government agencies for the
purpose of contacting FEMA IHP applicants to seek their voluntary
participation in surveys or studies concerning effects of disasters,
program effectiveness, and to identify possible ways to improve
community preparedness and resiliency for future disasters.
I. To federal, state, tribal, or local government agencies;
voluntary organizations; insurance companies; employers; any public or
private entities; banks and financial institutions when an applicant's
eligibility, in whole or in part, for FEMA's IHP depends upon financial
benefits already received or available from that source for similar
purposes as necessary to determine benefits; and to prevent duplication
of disaster assistance benefits (as described in 42 U.S.C. 5155 of the
Stafford Act). FEMA initiates the transaction by only disclosing the
name, address, and date of birth of an applicant in order to properly
identify the same and obtain desired relevant information from entities
listed above.
J. To federal, state, tribal, or local government agencies charged
with the implementation of hazard mitigation measures and the
enforcement of hazard-specific provisions of building codes, standards,
and ordinances. FEMA will only disclose information for the following
purposes:
1. For hazard mitigation planning purposes, to assist federal,
state, tribal, or local government agencies in identifying high-risk
areas and preparing mitigation plans that target those areas for hazard
mitigation projects implemented under federal, state, tribal, or local
hazard mitigation programs.
2. For enforcement purposes, to enable federal, state, tribal, or
local government agencies, to ensure that owners repair or rebuild
structures in conformity with applicable hazard-specific building
codes, standards, and ordinances.
K. To the Department of the Treasury, pursuant to the Debt
Collection Improvement Act of 1996, 31 U.S.C. 3325(d) and 7701(c)(1),
as amended. An applicant's Social Security Number will be released in
connection with a request that the Department of the Treasury provide a
disaster assistance payment to an applicant under the IHP.
[[Page 25287]]
L. To a state, local, or tribal government agency in connection
with billing that state, local, or tribal government for the applicable
non-federal cost share under the IHP. Information shared shall only
include applicants' names, contact information, and amounts of
assistance received.
M. To state, tribal, or local government emergency managers, when
an applicant is occupying a FEMA temporary housing unit, for the
purposes of preparing, administering, coordinating, and/or monitoring
emergency response, public safety, and evacuation plans. FEMA shall
only release the applicants' phone numbers, address, and number of
household occupants of the housing unit.
N. To the Department of the Treasury, Department of Justice, the
United States Attorney's Office, or other third party for further
collection action on any delinquent debt when circumstances warrant.
O. To federal, state, tribal, or local law enforcement authorities,
or agencies, or other entities authorized to investigate and/or
coordinate locating missing children and/or reuniting families.
P. To state, tribal, or local government election agencies/
authorities that oversee the voting process within their respective
municipalities, for the purpose of ensuring voting rights of
individuals who have applied for FEMA assistance, limited to their own
respective citizens who are displaced by a Presidentially-declared
major disaster or emergency out of their voting jurisdiction.
Q. To certain federal, state, tribal, or local government agencies
to update the applicant's current records (e.g., change of address,
effective date of change of address) when that agency needs to update
contact information (e.g., the Social Security Administration, a State
Department of Motor Vehicles, or a State health agency).
R. To other federal, state, local, or tribal government agencies,
and voluntary organizations under approved computer matching efforts.
S. To the news media and the public, with the approval of the DHS
Chief Privacy Officer in consultation with the DHS General Counsel and
FEMA Chief Counsel when there is a legitimate public interest in the
disclosure of the information or when disclosure is necessary to inform
the public or is necessary to demonstrate the accountability of DHS's
officers, employees, or individuals covered by the system, except to
the extent it is determined that release of the specific information in
the context of a particular case would constitute an unwarranted
invasion of personal privacy.
Disclosure to consumer reporting agencies:
Disclosure under 5 U.S.C. 552a(b)(12). DHS/FEMA may make
disclosures from this system to ``consumer reporting agencies'' as
defined in the Fair Credit Reporting Act, 15 U.S.C. 1681a(f), as
amended; or the Federal Claims Collection Act of 1966, 31 U.S.C.
3701(a)(3), as amended.
Policies and practices for storing, retrieving, accessing, retaining,
and disposing of records in the system:
Storage:
Records in this system are stored electronically or on paper in
secure facilities in a locked drawer behind a locked door. The records
may be stored on magnetic disc, tape, digital/electronic media.
Retrievability:
Records may be retrieved by an individual's name, address, Social
Security Number, and case file number.
Safeguards:
FEMA safeguards the records in this system in accordance with
applicable rules and policies, including all applicable DHS automated
systems security and access policies. Strict controls have been imposed
to minimize the risk of compromising the information that is being
stored. Access to the computer system containing the records in this
system is limited to those individuals who have a need to know the
information for the performance of their official duties and who have
appropriate clearances or permissions.
Retention and disposal:
Records pertaining to disaster assistance will be placed in
inactive storage two years after FEMA receives the application and will
be destroyed when they are six years and three months old, in
accordance with NARA Authority N1-311-86-1, item 4C10a. Records
pertaining to temporary housing will be destroyed three years after
close of the operation in accordance with NARA Authority N1-311-86-1,
item 4C10b. Closeout occurs when the disaster contract is terminated.
Records pertaining to the IHP program will retire to the Federal
Records Center (FRC) one year after closeout and be destroyed three
years after closeout. Records pertaining to individual assistance
customer satisfaction assessments are stored in accordance with NARA
Authority N1-311-00-1. The customer service assessment forms that have
been filled out and returned by disaster assistance applicants are
temporary records that are destroyed upon transmission of the final
report, per NARA Authority N1-311-00-1, item 1. The statistical and
analytical reports resulting from these assessments are temporary
records that are retired 3 years after the final report cutoff and
destroyed 20 years after the report cutoff, per NARA Authority N1-311-
00-1, item 2. The assessment results database are temporary records
that are destroyed when no longer needed for analysis purposes, per
NARA Authority N1-311-00-1, item 3.
System Manager and address:
Division Director, Individual Assistance Division, Federal
Emergency Management Agency, 500 C Street SW., Washington, DC 20472.
Notification procedure:
Individuals applying for IHP assistance may access their
information online via the Disaster Assistance Center using the user
ID, password, system generated PIN, and authentication that was
established during the application process. Applicants may also call a
NPSC representative to access their information by providing their
registration ID.
In addition, individuals seeking notification of and access to any
record contained in this system of records, or seeking to contest its
content, may submit a request in writing to the FEMA Disclosure
Officer, 500 C Street SW., Washington, DC 20472. If an individual
believes more than one component maintains Privacy Act records
concerning him or her, the individual may submit the request to the
Chief Privacy Officer, Department of Homeland Security, 245 Murray
Drive SW., Building 410, STOP-0550, Washington, DC 20528.
When seeking records about yourself from this system of records or
any other FEMA system of records your request must conform with the
Privacy Act regulations set forth in 6 CFR Part 5. You must first
verify your identity, meaning that you must provide your full name,
current address, and date and place of birth. You must sign your
request, and your signature must either be notarized or submitted under
28 U.S.C. 1746, a law that permits statements to be made under penalty
of perjury as a substitute for notarization. While no specific form is
required, you may obtain forms for this purpose from the Chief Privacy
Officer and Chief Freedom of Information Act Officer, http://www.dhs.gov/foia or 1-866-431-0486. In addition, you should:
[[Page 25288]]
Explain why you believe the Department would have information on
you;
Identify which component(s) of the Department you believe
may have the information about you;
Specify when you believe the records would have been
created; and
Provide any other information that will help the FOIA
staff determine which DHS component agency may have responsive records;
and
If your request is seeking records pertaining to another living
individual, you must include a statement from that individual
certifying his/her agreement for you to access his/her records.
Without the above information the component(s) may not be able to
conduct an effective search, and your request may be denied due to lack
of specificity or lack of compliance with applicable regulations.
Record access procedures:
See ``Notification procedure'' above.
Contesting record procedures:
See ``Notification procedure'' above.
Record source categories:
FEMA receives information from individuals who apply for disaster
assistance through three different media: (1) Electronically via the
Internet at http://www.disasterassistance.gov (FEMA Form 009-0-1 and
FEMA Form 009-0-2); (2) by calling FEMA's toll-free number 1-800-621-
3362 (FEMA Form 009-0-1t and FEMA Form 009-0-2t); and (3) through
submission of a paper copy of pre-registration intake, FEMA Form 009-0-
1 and its Spanish-language equivalent, FEMA Form 009-0-2, or via a pre-
registration intake form. In addition, information in this system of
records derives from Temporary Housing Assistance Eligibility
Determinations (FEMA Forms 009-0-5, and 009-0-6) and Application for
Continued Temporary Housing Assistance (FEMA Form 010-0-12), as well as
related information (FEMA Forms 009-0-5 and 009-0-6). Information may
also come from FEMA inspectors, financial institutions, insurance
companies, state, local, tribal, and voluntary agencies providing
disaster relief, and commercial databases (for verification purposes).
Exemptions claimed for the system:
None.
Dated: April 19, 2013.
Jonathan R. Cantor,
Acting Chief Privacy Officer, Department of Homeland Security.
[FR Doc. 2013-10173 Filed 4-29-13; 8:45 am]
BILLING CODE 9110-17-P