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Federal Register, Volume 74 Issue 151 (Friday, August =
7, 2009)
[Federal Register Volume 74, Number 151 (Friday, August 7, =
2009)]
[Notices]
[Pages 39705-39708]
From the Federal Register Online via the Government Printing Office [http://www.gpo.gov/]
[FR Doc No: E9-18931]
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DEPARTMENT OF HOMELAND SECURITY
Office of the Secretary
[Docket Number DHS-2008-0159]
Privacy Act of 1974; DHS/FEMA-004 Grant Management Information=20
Files System of Records
AGENCY: Privacy Office; DHS.
ACTION: Notice of Privacy Act system of records.
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SUMMARY: In accordance with the Privacy Act of 1974, the Department of=20
Homeland Security is giving notice that it proposes to consolidate into=20
one new system its inventory of record systems entitled, Federal=20
Emergency Management Agency Grant Management Information Files. This=20
system will enable the Department of Homeland Security to better=20
administer the Federal Emergency Management Agency Disaster Recovery=20
Assistance Program. Many Federal Emergency Management Agency grant=20
programs collect a minimum amount of contact and grant project proposal=20
information. The information contained in the Federal Emergency=20
Management Agency's Grant Management Information Files is collected in=20
order to determine awards for both disaster and non disaster grants and=20
for the issuance of awarded funds.
DATES: The established system of records will be effective September 8,=20
2009. Written comments must be submitted on or before September 8,=20
2009.
[[Page 39706]]
ADDRESSES: You may submit comments, identified by DHS-2008-0159 by one=20
of the following methods:
Federal e-Rulemaking Portal: http://www.regulations.gov/.=20
Follow the instructions for submitting comments.
Fax: 703-483-2999.
Mail: Mary Ellen Callahan, Chief Privacy Officer, Privacy=20
Office, Department of Homeland Security, Washington, DC 20528.
Instructions: All submissions received must include the=20
agency name and docket number for this rulemaking. All comments=20
received will be posted without change to http://www.regulations.gov/,=20
including any personal information, such as email address, provided.
Docket: For access to the docket to read background=20
documents or comments received go to http://www.regulations.gov/.
FOR FURTHER INFORMATION CONTACT: For general questions please contact:=20
Alisa Turner (202-646-3102), Branch Chief, Disclosure Office, Federal=20
Emergency Management Agency, Washington, DC 20472. For privacy issues=20
please contact: Mary Ellen Callahan (703-235-0780), Chief Privacy=20
Officer, Privacy Office, U.S. Department of Homeland Security,=20
Washington, DC 20528.
SUPPLEMENTARY INFORMATION:
I. Background
The goal of FEMA's grant programs is to provide funding to enhance=20
the capacity of state and local jurisdictions to prevent, respond to,=20
and recover from disaster and non disaster incidents including cyber=20
attacks. FEMA's grant programs currently provide funds to all 50=20
states, the District of Columbia, the Commonwealth of Puerto Rico,=20
American Samoa, the Commonwealth of Northern Mariana Islands, Guam, and=20
the U.S. Virgin Islands. FEMA grant programs are directed at a broad=20
spectrum of state and local emergency responders, including=20
firefighters, emergency medical services, emergency management=20
agencies, law enforcement, and public officials. The source of the=20
information that FEMA is collecting generally comes from state, local,=20
and tribal partners seeking grant funding. Additional sources of=20
information may include private and non private organizations. The=20
nature of the collected data should illustrate organizations'=20
familiarity with the national preparedness architecture (i.e. Federal=20
Investment Strategy), identify how elements of this architecture have=20
been incorporated into their regional/state/local planning, operations,=20
and investments, and the demonstrated need for the grant funds.
Many of FEMA's grant programs implement objectives addressed in a=20
series of post-9/11 laws, strategy documents, plans, and Homeland=20
Security Presidential Directives (HSPDs). FEMA management requirements=20
are incorporated into the application processes and reflect changes=20
mandated in the Implementing Recommendations of the 9/11 Commission Act=20
of 2007 (the ``9/11 Act''), enacted in August 2007, as well as the FY=20
2008 Consolidated Appropriations Act.
Consistent with DHS's information sharing mission, information=20
stored in the Grants Management Information Files may be shared with=20
other DHS components, as well as appropriate federal, state, local,=20
tribal, foreign, or international government agencies. This sharing=20
will take place only after DHS determines that the receiving component=20
or agency has a need to know the information to carry out national=20
security, law enforcement, immigration, intelligence, or other=20
functions consistent with the routine uses set forth in this system of=20
records notice.
The information contained in the FEMA Grant Management Information=20
Files is collected in order to determine awards for both disaster and=20
non-disaster grants and for the issuance of awarded funds.
II. Privacy Act
The Privacy Act embodies fair information principles in a statutory=20
framework governing the means by which the United States Government=20
collects, maintains, uses, and disseminates personally identifiable=20
information. The Privacy Act applies to information that is maintained=20
in a ``system of records.'' A ``system of records'' is a group of any=20
records under the control of an agency for which information is=20
retrieved by the name of an individual or by some identifying number,=20
symbol, or other identifying particular assigned to the individual. In=20
the Privacy Act, an individual is defined to encompass United States=20
citizens and legal permanent residents. As a matter of policy, DHS=20
extends administrative Privacy Act protections to all individuals where=20
systems of records maintain information on U.S. citizens, lawful=20
permanent residents, and visitors. Individuals may request access to=20
their own records that are maintained in a system of records in the=20
possession or under the control of DHS by complying with DHS Privacy=20
Act regulations, 6 CFR Part 5.
The Privacy Act requires each agency to publish in the Federal=20
Register a description denoting the type and character of each system=20
of records that the agency maintains, and the routine uses that are=20
contained in each system in order to make agency record keeping=20
practices transparent, to notify individuals regarding the uses to=20
which personally identifiable information is put, and to assist=20
individuals to more easily find such files within the agency. Below is=20
the description of the FEMA Grants Management Information Files system=20
of records.
In accordance with 5 U.S.C. 552a(r), DHS has provided a report of=20
this new system of records to the Office of Management and Budget and=20
to Congress.
SYSTEM OF RECORDS DHS/FEMA-004
System Name:
DHS/FEMA-004 Grant Management Information Files.
Security Classification:
Unclassified and sensitive.
System Location:
Records are maintained at Federal Emergency Management Agency=20
Headquarters in Washington, DC and field offices.
Categories of Individuals Covered by the System:
Categories of entities covered by this system include: Recipients=20
(grantees) of grant funds. These include state, territorial, tribal=20
officials, port authorities, transit authorities, non-profit=20
organizations, and, in rare instances, private companies.
Categories of Records in the System:
Categories of records in this system include:
Organizational Name;
Employer Identification Number (EIN);
Name of Organization's Designated Point of Contact (POC);
POC work address;
POC work phone number;
POC cellphone number;
POC fax number;
POC work e-mail address;
Organization's Bank Routing Number;
Organization's Bank Account Number; and
Grant related information.
Authority for Maintenance of the System:
Legal authority includes, but is not limited to:
The Robert T. Stafford Disaster Relief and Emergency=20
Assistance Act, 42 U.S.C. 5133
[[Page 39707]]
The National Flood Insurance Act, 42 U.S.C. 4104c
Section 2003(a) of the Homeland Security Act of 2002 (6=20
U.S.C. 101 et seq.), as amended by Section 101, Title I of the=20
Implementing Recommendations of the 9/11 Commission Act of 2007, (Pub.=20
L. 110-053)
Section 2004(a) of the Homeland Security Act of 2002 (6=20
U.S.C. 101 et seq.), as amended by Section 101, Title I of the=20
Implementing Recommendations of the 9/11 Commission Act of 2007, (Pub.=20
L. 110-053)
Section 1809 of the Homeland Security Act of 2002 (6=20
U.S.C. 571 et seq.), as amended by Section 301(a), Title III of the=20
Implementing Recommendations of the 9/11 Commission Act of 2007 (Pub.=20
L. 110-053)
The Post-Katrina Emergency Management Reform Act of 2006=20
(6 U.S.C. 723)
Title III of Division D of the Consolidated Security,=20
Disaster Assistance, and Continuing Appropriations Act, 2009 (Pub. L.=20
110-329)
Section 614 of the Robert T. Stafford Disaster Relief and=20
Emergency Assistance Act (42 U.S.C. 5196c), as amended by Section 202,=20
Title II of the Implementing Recommendations of the 9/11 Commission Act=20
of 2007 (Pub. L. 110-053)
Title III of Division E of the Consolidated Appropriations=20
Act, 2008 (Pub. L. 110-161)
Section 1406, Title XIV of the Implementing=20
Recommendations of the 9/11 Commission Act of 2007 (Pub. L. 110-053)
Section 1513, Title XV of the Implementing Recommendations=20
of the 9/11 Commission Act of 2007 (Pub. L. 110-053)
Section 1532(a), Title XV of the Implementing=20
Recommendations of the 9/11 Commission Act of 2007 (Pub. L. 110-053)
46 U.S.C. 70107
Federal Financial Assistance Management Improvement Act of=20
1999 (Pub. L. 106-107)
Purpose(s):
The purpose of this system is to assist in determining awards for=20
both disaster and non-disaster grants and for the issuance of awarded=20
funds and allow DHS to contact individuals to ensure completeness and=20
accuracy of grants and applications.
Routine Uses of Records Maintained in the System, Including Categories=20
of Users and the Purposes of Such Uses:
In addition to those disclosures generally permitted under 5 U.S.C.=20
552a(b) of the Privacy Act, all or a portion of the records or=20
information contained in this system may be disclosed outside DHS as a=20
routine use pursuant to 5 U.S.C. 552a(b)(3) as follows:
A. To the Department of Justice or other Federal agency conducting=20
litigation or in proceedings before any court, adjudicative or=20
administrative body, when:
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 where DOJ or=20
DHS has agreed to represent the employee; or
4. The United States or any agency thereof, is a party to the=20
litigation or has an interest in such litigation, and DHS determines=20
that the records are both relevant and necessary to the litigation and=20
the use of such records is compatible with the purpose for which DHS=20
collected the records.
B. To a congressional office from the record of an individual in=20
response to an inquiry from that congressional office made at the=20
request of the individual to whom the record pertains.
C. To the National Archives and Records Administration or other=20
Federal government agencies pursuant to records management inspections=20
being conducted under the authority of 44 U.S.C. 2904 and 2906.
D. To an agency, organization, or individual for the purpose of=20
performing audit or oversight operations as authorized by law, but only=20
such information as is necessary and relevant to such audit or=20
oversight function.
E. To appropriate agencies, entities, and persons when:
1. DHS suspects or has confirmed that the security or=20
confidentiality of information in the system of records has been=20
compromised;
2. The Department has determined that as a result of the suspected=20
or confirmed compromise there is a risk of harm to economic or property=20
interests, identity theft or fraud, or harm to the security or=20
integrity of this system or other systems or programs (whether=20
maintained by DHS or another agency or entity) that rely upon the=20
compromised information; and
3. The disclosure made to such agencies, entities, and persons is=20
reasonably necessary to assist in connection with DHS's efforts to=20
respond to the suspected or confirmed compromise and prevent, minimize,=20
or remedy such harm.
F. To contractors and their agents, grantees, experts, consultants,=20
and others performing or working on a contract, service, grant,=20
cooperative agreement, or other assignment for DHS, when necessary to=20
accomplish an agency function related to this system of records.=20
Individuals provided information under this routine use are subject to=20
the same Privacy Act requirements and limitations on disclosure as are=20
applicable to DHS officers and employees.
G. To an appropriate Federal, State, tribal, local, international,=20
or foreign law enforcement agency or other appropriate authority=20
charged with investigating or prosecuting a violation or enforcing or=20
implementing a law, rule, regulation, or order, where a record, either=20
on its face or in conjunction with other information, indicates a=20
violation or potential violation of law, which includes criminal,=20
civil, or regulatory violations and such disclosure is proper and=20
consistent with the official duties of the person making the=20
disclosure.
H. To an individual's employer or affiliated organization to the=20
extent necessary to verify employment or membership status.
I. To the news media and the public, with the approval of the Chief=20
Privacy Officer in consultation with counsel, when there exists a=20
legitimate public interest in the disclosure of the information or when=20
disclosure is necessary to preserve confidence in the integrity of DHS=20
or is necessary to demonstrate the accountability of DHS's officers,=20
employees, or individuals covered by the system, except to the extent=20
it is determined that release of the specific information in the=20
context of a particular case would constitute an unwarranted invasion=20
of personal privacy.
Disclosure to Consumer Reporting Agencies:
None.
Policies and Practices for Storing, Retrieving, Accessing, Retaining,=20
and Disposing of Records in the System:
Storage:
Records in this system are stored electronically or on paper in=20
secure facilities in a locked drawer behind a locked door. The records=20
are stored on magnetic disc, tape, digital media, and CD-ROM.
Retrievability:
Records may be retrieved by name of organization or contact person=20
covered by this system.
[[Page 39708]]
Safeguards:
Records in this system are safeguarded in accordance with=20
applicable rules and policies, including all applicable DHS automated=20
systems security and access policies. Strict controls have been imposed=20
to minimize the risk of compromising the information that is being=20
stored. Access to the computer system containing the records in this=20
system is limited to those individuals who have a need to know the=20
information for the performance of their official duties and who have=20
appropriate clearances or permissions. The system maintains a real-time=20
auditing function of individuals who access the system. Additional=20
safeguards may vary by component and program.
Retention and Disposal:
In accordance with the Federal records retention requirements,=20
Grant administrative records and hard copies of unsuccessful grant=20
applications files are destroyed when two years old (Government Records=20
Schedule (GRS) No. 3, Procurement, Supply, and Grant Records, Item 14).=20
Electronically received and processed copies of unsuccessful grant=20
application files are destroyed three years after rejection or=20
withdrawal (GRS No. 3, Procurement, Supply, and Grant Records, Item=20
13). Grant Project Records are maintained for three years after the end=20
of the fiscal year that the grant or agreement is finalized or when no=20
longer needed, whichever is sooner. These records are disposed of IAW=20
FEMA Records Schedule N1-311-95-1, Item 1. Grant Final Reports are=20
retired to the Federal Records Center three years after cutoff, and=20
then transferred to National Archives 20 years after cutoff. These=20
records are maintained IAW FEMA Records Schedule N1-311-95-1, Item 3.=20
All other grant (both disaster and non disaster) records are maintained=20
for six years and three months after the end of the fiscal year when=20
grant or agreement is completed or closed. These records are disposed=20
of according to IAW FEMA Records Schedule N1-311-95-1, Item 2; N1-311-
01-8, Item 1; and N1-311-04-1, Item 1.
System Manager and Address:
Deputy Assistant Administrator, Grant Program Directorate, FEMA,=20
500 C Street, SW., Washington, DC 20472.
Notification Procedure:
Individuals or entities seeking notification of and access to any=20
record contained in this system of records, or seeking to contest its=20
content, may submit a request in writing to the component's FOIA=20
Officer, whose contact information can be found at http://www.dhs.gov/foia under =
``contacts.'' If an individual believes more than one=20
component maintains Privacy Act records concerning him or her, the=20
individual may submit the request to the Chief Privacy Officer,=20
Department of Homeland Security, 245 Murray Drive, SW., STOP-0655,=20
Washington, DC 20528.
When seeking records about yourself from this system of records or=20
any other Departmental system of records, your request must conform=20
with the Privacy Act regulations set forth in 6 CFR Part 5. You must=20
first verify your identity, meaning that you must provide your full=20
name, current address and date and place of birth. You must sign your=20
request, and your signature must either be notarized or submitted under=20
28 U.S.C. 1746, a law that permits statements to be made under penalty=20
of perjury as a substitute for notarization. While no specific form is=20
required, you may obtain forms for this purpose from the Director,=20
Disclosure and FOIA, http://www.dhs.gov/ or 1-866-431-0486. =
In addition=20
you should provide the following:
An explanation of why you believe the Department would=20
have information on you,
Identify which component(s) of the Department you believe=20
may have the information about you,
Specify when you believe the records would have been=20
created,
Provide any other information that will help the FOIA=20
staff determine which DHS component agency may have responsive records,
If your request is seeking records pertaining to another=20
living individual, you must include a statement from that individual=20
certifying his/her agreement for you to access his/her records.
Without this bulleted information the component(s) will not be able=20
to conduct an effective search, and your request may be denied due to=20
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:
Records are obtained by grantees, applicants for award, and grant=20
program monitors.
Exemptions Claimed for the System:
None.
Dated: July 31, 2009.
Mary Ellen Callahan,
Chief Privacy Officer, Department of Homeland Security.
[FR Doc. E9-18931 Filed 8-6-09; 8:45 am]
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