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Federal Register, Volume 78 Issue 83 (Tuesday, April =
30, 2013)
[Federal Register Volume 78, Number 83 (Tuesday, April 30, =
2013)]
[Notices]
[Pages 25282-25288]
From the Federal Register Online via the Government Printing Office [http://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=20
Emergency Management Agency--008 Disaster Recovery Assistance Files=20
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=20
Homeland Security proposes to update and reissue a current Department=20
of Homeland Security system of records titled, ``Department of Homeland=20
Security/Federal Emergency Management Agency--008 Disaster Recovery=20
Assistance Files System of Records.'' This system of records allows the=20
Department of Homeland Security/Federal Emergency Management Agency to=20
collect and maintain records on applicants for its Disaster Assistance=20
programs that provide financial and other tangible assistance to=20
survivors of Presidentially-declared disasters. As a
[[Page 25283]]
result of a biennial review of this system, this system of records=20
notice has been updated as follows: Legal authorities have been added=20
to account for all assistance that applicants may be eligible for and=20
receive from FEMA; categories of records and record source categories=20
reference and reflect new FEMA form numbers and account for all=20
relevant records of assistance received from FEMA and other entities;=20
categories of individuals more accurately reflect the individuals=20
covered by the various programs covered by this system and explain=20
that, although anyone may apply for the Individuals and Households=20
Program (IHP) assistance, there are citizenship requirements tied to=20
IHP eligibility; the purpose has been clarified to include other=20
assistance programs in addition to IHP and to also include customer=20
satisfaction assessments; routine uses have been revised to name tribal=20
government agencies as potential recipients to comport with section=20
1110 of the Sandy Recovery Improvement Act of 2013 (Pub. L. 113-2);=20
ensure recipients of information are identified in a consistent manner;=20
expand the universe of potential recipients identified in current=20
routine uses; incorporate congressionally mandated routine uses per 42=20
U.S.C. 5714(f)(2) as to sharing information with the States; and to=20
delete the requirement that all routine use requests be made in=20
writing; changes have been made to the retention and disposal of the=20
records; and the record source categories have been updated to reflect=20
housing forms not previously listed.
Additionally, this notice includes non-substantive changes to=20
simplify the formatting and text of the previously published notice.=20
This updated system will be included in the Department of Homeland=20
Security's inventory of record systems.
DATES: Submit comments on or before May 30, 2013. This updated system=20
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/.=20
Follow the instructions for submitting comments.
Fax: 202-343-4010.
Mail: Jonathan R. Cantor, Acting Chief Privacy Officer,=20
Privacy Office, Department of Homeland Security, Washington, DC 20528.
Instructions: All submissions received must include the agency name=20
and docket number for this rulemaking. All comments received will be=20
posted without change to http://www.regulations.gov/, =
including any=20
personal information provided.
Docket: For access to the docket to read background documents or=20
comments received, please visit http://www.regulations.gov/.
FOR FURTHER INFORMATION CONTACT: For general questions, please contact:=20
Eric M. Leckey, 202-212-5100, Privacy Officer, Federal Emergency=20
Management Agency, Department of Homeland Security, Washington, DC=20
20528. For privacy questions, please contact: Jonathan R. Cantor, 202-
343-1717, Acting Chief Privacy Officer, Privacy Office, Department of=20
Homeland Security, Washington, DC 20528.
SUPPLEMENTARY INFORMATION:
I. Background
In accordance with the Privacy Act of 1974, 5 U.S.C. 552a, the=20
Department of Homeland Security (DHS)/Federal Emergency Management=20
Agency (FEMA) proposes to update and reissue an existing system of=20
records entitled, ``DHS/FEMA--008 Disaster Recovery Assistance Files=20
System of Records,'' 74 FR 48763 (September 24, 2009).
This system of records notice is being published because FEMA=20
collects, maintains, uses, retrieves, and disseminates the personally=20
identifiable information (PII) of individuals who apply for FEMA=20
disaster assistance in the aftermath of a Presidentially-declared=20
disaster. FEMA's applicant records included in this system may contain=20
income information, insurance information, housing inspection reports,=20
and correspondence notations about the various types of assistance,=20
including information about appeals, and other information.
The purpose of this system of records is to facilitate registration=20
for FEMA's disaster assistance programs, to verify IHP applicant=20
information, determine eligibility of the applicants, and to focus,=20
direct, refer, and correspond applicants to all sources of disaster=20
assistance. Additional purposes include identifying and implementing=20
measures to reduce future disaster damage, preventing a duplication of=20
federal government efforts and benefits, and identifying possible=20
fraudulent activity after a Presidentially-declared disaster or=20
emergency. Finally, information from this system of records may be used=20
to facilitate FEMA's efforts to assess the customer service it provides=20
to those receiving FEMA assistance.
FEMA collects, uses, maintains, retrieves, and disseminates the=20
records within this system under the authority of the Robert T.=20
Stafford Disaster Relief and Emergency Assistance Act (the Stafford=20
Act), Pub. L. No. 93-288, as amended (42 U.S.C. 5121-5207); 6 U.S.C.=20
776-77, and 795; the Debt Collection Improvement Act of 1996, 31 U.S.C.=20
3325(d) and 7701(c)(1); the Government Performance and Results Act,=20
Pub. L. No. 103-62, as amended; Reorganization Plan No. 3 of 1978;=20
Executive Order 13411, ``Improving Assistance for Disaster Victims,''=20
dated August 29, 2006; and Executive Order 12862 ``Setting Customer=20
Service Standards,'' dated September 11, 2003, as described in this=20
notice.
This updated system of records provides greater transparency by=20
encompassing all of FEMA's disaster assistance records, including those=20
records related to IHP, as well as the customer service survey=20
assessments within a single system of records.
This system of records notice is being published pursuant to the=20
biennial review requirement under the Privacy Act of 1974. Specific=20
updates are described below:
First, FEMA is expanding the purpose of the system to account for=20
all FEMA assistance that applicants may be eligible to receive, not=20
just IHP records, and to explicitly include customer satisfaction=20
assessments. This change is necessary to account for records of various=20
FEMA assistance programs that individuals may receive within this=20
system of records. Second, the categories of records have been updated=20
to reflect the discontinuation of FEMA's Other Needs Assistance forms=20
(specifically, forms numbered 76-27, 76-28, 76-30, 76-32, 76-34, 76-35,=20
76-38, and related forms). The accompanying approved collection (OMB=20
ICR No. 1660-0018) has also been retired to reflect FEMA's=20
discontinuation of these forms. The categories of records have been=20
further revised to include information that FEMA maintains about=20
disaster assistance applicants from other FEMA programs and third-
parties concerning financial payments that applicants received from=20
other sources for similar purposes. This is necessary to prevent a=20
duplication of benefits as mandated by the Stafford Act, 42 U.S.C.=20
5174, and 44 CFR 206.191, to better address situations in which a=20
private entity is wholly or partially responsible for a declared=20
disaster under the Stafford Act, 42 U.S.C. 5160, and to ensure that=20
applicants can receive assistance from additional and available=20
sources. In addition, the categories of records no longer refers to a=20
specific form entitled, ``Inspection Report FEMA Form 90-56.'' This has=20
been replaced with the more inclusive ``Inspection Reports'' to reflect
[[Page 25284]]
FEMA's current practice of using an electronic device narrative as=20
opposed to a paper form. Third, categories of individuals have been=20
updated to more accurately reflect the individuals covered by this=20
system and to explain that, although anyone may apply for and receive=20
certain types of disaster assistance, not everyone will be eligible.=20
For example, there is a citizenship requirement for IHP assistance and,=20
in addition, not all applicants may be able to complete the full=20
application initially for a variety of practical reasons. Fourth, the=20
legal authorities have been revised to include the Government=20
Performance and Results Act, Pub. Law No. 103-62, as amended; and=20
Executive Order 12862 ``Setting Customer Service Standards,'' as=20
additional authorities to augment the requirements of Executive Order=20
13411, ``Improving Assistance for Disaster Victims,'' related to its=20
customer satisfaction assessments. Fifth, this update reflects the=20
removal of the blanket requirement that all routine use requests be=20
made in writing and revises several of the system's routine uses and=20
added new routine uses as follows: Included a FEMA-state agreement as=20
an acceptable sharing vehicle and includes contractors and sub-grantees=20
that a state or federal agency may use to carry out programs in (H)(1);=20
added the term ``Long Term Recovery Committee'' as a recipient in=20
(H)(2); clarified that ``Long Term Recovery Committee'' is a recipient=20
under (H)(3) and added ``local government agency,'' ``utility=20
companies,'' and ``hospitals/health care providers'' as a recipients in=20
(H)(3); removed the term ``Disability Coordinator'' and added the term=20
``assistive technology'' in (H)(4); added (H)(5) to further the FEMA=20
Administrator's efforts to include and involve the private sector in=20
disaster management pursuant to 6 U.S.C. 313(b)(2); added (H)(6) to=20
facilitate the provision of medical equipment and assistive technology=20
to IHP applicants; added (H)(7) to allow for sharing with federal,=20
state, tribal, and local government agencies for purposes of performing=20
surveys and/or studies; added language to (I) to specify the=20
information that DHS/FEMA will share; and added ``phone number'' and=20
``number of household occupants'' in (M) to the information that will=20
be shared. Sixth, the retention and disposal section has been revised=20
to include the National Archives and Records Administration (NARA)=20
authority and the retention schedule information for FEMA's customer=20
satisfaction assessment records. Lastly, the record source categories=20
have been updated to reflect current FEMA form number 010-0-12 and to=20
include other housing forms not previously listed. FEMA has also made=20
non-substantive grammatical changes throughout this notice for=20
clarification purposes.
This updated system will be included in DHS's inventory of record=20
systems.
II. Privacy Act
The Privacy Act embodies fair information practice principles in a=20
statutory framework governing the means by which Federal Government=20
agencies collect, maintain, use, and disseminate individuals' records.=20
The Privacy Act applies to information that is maintained in a ``system=20
of records.'' A ``system of records'' is a group of any records under=20
the control of an agency from which information is retrieved by the=20
name of an individual or by some identifying number, symbol, or other=20
identifying particular assigned to the individual. In the Privacy Act,=20
an individual is defined to encompass U.S. citizens and lawful=20
permanent residents. As a matter of policy, DHS extends administrative=20
Privacy Act protections to all individuals when systems of records=20
maintain information on U.S. citizens, lawful permanent residents, and=20
visitors.
Below is the description of the DHS/FEMA-008 Disaster Recovery=20
Assistance Files System of Records.
In accordance with 5 U.S.C. 552a(r), DHS has provided a report of=20
this system of records to the Office of Management and Budget (OMB) and=20
to Congress.
System of Records
Department of Homeland Security (DHS)/Federal Emergency Management=20
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,=20
6511 America Boulevard, Hyattsville, MD 20782; FEMA VA-NPSC, 430 Market=20
Street, Winchester, VA 22603; and FEMA TX-NPSC, 3900 Karina Lane,=20
Denton, TX 76208. In addition, FEMA's Disaster Assistance Improvement=20
Program (DAIP), National Emergency Management Information System-
Individual Assistance (NEMIS-IA), and Enterprise Data Warehouse/
Operational Data Store (EDW/ODS) information technology systems may=20
contain these records.
Categories of individuals covered by the system:
All individuals who apply for or express interest in applying for=20
FEMA disaster assistance following a Presidentially-declared major=20
disaster or emergency. (Note: FEMA will accept applications from any=20
individual, however, an individual must be a United States citizen,=20
non-citizen national, or qualified alien to meet the eligibility=20
requirements for Individuals and Households Program assistance.)
Categories of records in the system:
(a) Registration Records (Disaster Assistance Pre-Registration=20
Intake Form, Disaster Assistance Registration/Application, FEMA Form(s)=20
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=20
number, co-applicant's Social Security Number;
Date of birth;
Phone numbers;
Email addresses;
Addresses (damaged dwelling address and any other current=20
address if different than damaged dwelling address);
Geospatial location of dwelling;
Language(s) spoken;
Date of disaster and/or property loss including cause of=20
damage and estimates of repair;
Current location;
Name of each disaster (disaster number);
Income information;
Acceptable forms of identification (e.g., driver's=20
license, state/federal issued photo identification);
Emergency or other needs of the individual (e.g., food,=20
clothing, shelter, medical, dental, moving, storage, funeral,=20
functional);
Type of residence;
Insurance coverage information including insurance type=20
and insurance company name;
Household size and composition including number, age, and=20
dependent status;
Bank name and account information including electronic=20
funds transfer information; and
Right of entry to property consent and other written=20
consents.
(b) Inspection Reports:
Inspection reports contain applicants' personally=20
identifiable information (PII) and results of assessments of damaged=20
real and personal property and goods, which may include applicant homes=20
and personal items and notations of clearing of muck and debris by=20
contractors and partnering agencies.
[[Page 25285]]
(c) Temporary Housing Assistance Eligibility Determinations (FEMA=20
Forms 009-0-5, and 009-0-6) and Application for Continued Temporary=20
Housing Assistance (FEMA Form 010-0-12), Request for Site Inspection=20
(FEMA FORM 010-0-9), Landowners Ingress/Egress Agreement (FEMA FORM=20
010-0-10), as well as the following related information:
Correspondence and documentation related to the approval=20
and disapproval of temporary housing assistance including: General=20
correspondence; complaints, appeals, and resolutions; requests for=20
disbursement of payments; inquiries from tenants and landlords; general=20
administrative and fiscal information; payment schedules and forms;=20
termination notices; information shared with the temporary housing=20
program staff from other agencies to prevent the duplication of=20
benefits; leases; contracts; specifications for repair of disaster=20
damaged residences; reasons for eviction or denial of aid; sales=20
information after tenant purchase of housing units; and the status or=20
disposition of housing applications.
(d) Assistance from Other Sources:
Notations and reports of decisions for disaster or similar=20
financial awards and assistance from other FEMA Programs, federal and=20
state agencies, insurance companies, employer, bank, financial, power/
utility companies, health care providers, safety/rescue services, and=20
public or private entities as they relate to determinations of=20
applicants' eligibility for IHP programs disaster assistance;
Correspondence between the applicant and FEMA concerning=20
disaster assistance determinations and subsequent appeals and/or=20
arbitration of such determinations; and
Other files independently kept by the state that contain=20
records of persons who request disaster aid, specifically for the=20
``Other Needs'' assistance provision of the IHP administrative files=20
and reports required by FEMA. As to individuals, the state keeps the=20
same type of information as described above under registration,=20
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=20
(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=20
of 1996, 31 U.S.C. 3325(d) and 7701(c)(1); the Government Performance=20
and Results Act, Public Law 103-62, as amended; Executive Order 13411=20
``Improving Assistance to Disaster Victims,'' dated August 29, 2006;=20
and Executive Order 12862 ``Setting Customer Service Standards,'' dated=20
September 11, 2003.
Purpose(s):
To register applicants seeking disaster assistance from FEMA, to=20
verify IHP applicant information, determine eligibility of the=20
applicants, to focus, direct, refer, and correspond applicants to all=20
sources of disaster assistance, and to inspect damaged property.=20
Additional purposes include: to identify and implement measures to=20
reduce future disaster damage, to prevent a duplication of federal=20
government efforts and benefits, identify possible fraudulent activity=20
after a Presidentially-declared disaster or emergency, and to assess=20
the customer satisfaction of FEMA disaster assistance applicants.
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/FEMA=20
as a routine use pursuant to 5 U.S.C. 552a(b)(3) as follows upon=20
request unless noted otherwise:
A. To the Department of Justice (DOJ), including U.S. Attorney=20
Offices, or other federal agencies conducting litigation or in=20
proceedings before any court, adjudicative, or administrative body,=20
when it is relevant or necessary to the litigation and one of the=20
following is a party to the litigation or has an interest in such=20
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=20
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=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 (NARA) or=20
General Services Administration pursuant to records management=20
inspections being conducted under the authority of 44 U.S.C. Sec. Sec. =20
2904 and 2906.
D. To an agency or organization for the purpose of performing audit=20
or oversight operations as authorized by law, but only such information=20
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=20
confidentiality of information in the system of records has been=20
compromised;
2. DHS has determined that as a result of the suspected or=20
confirmed compromise, there is a risk of identity theft or fraud, harm=20
to economic or property interests, harm to an individual, or harm to=20
the security or integrity of this system or other systems or programs=20
(whether maintained by DHS or another agency or entity) that rely upon=20
the compromised information; and
3. The disclosure made to such agencies, entities, and persons is=20
reasonably necessary to assist in connection with FEMA'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 FEMA, 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 FEMA 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, when 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 receiving the=20
information.
H. To certain government, private sector, and voluntary entities=20
when FEMA may disclose applicant information necessary to prevent a=20
duplication of efforts or a duplication of benefits in determining=20
eligibility for disaster assistance, and/or to address unmet needs of=20
eligible, ineligible, or partially eligible FEMA applicants. The=20
receiving entity is not permitted to alter or to further disclose the=20
information to other disaster organizations or outside third parties.=20
FEMA may make such disclosures under the following circumstances:
[[Page 25286]]
1. To other federal agencies, and agencies of states, tribal, and=20
local governments, including programs that make available any disaster=20
assistance to individuals and households and/or give preference of=20
priority to disaster applicants, including those that evacuate from a=20
declared state to another state and to prevent a duplication of efforts=20
or benefits. State agencies may request and receive information using=20
the protocols established in an appropriate FEMA-state agreement as=20
defined in 44 CFR 206.44. Federal and state government agencies may=20
share information they receive from FEMA with their contractors/
grantees, and/or agents that are administering a disaster related=20
program on behalf of the Agency (e.g., other state, tribal, and local=20
agencies working under the guise of the requesting state agency)=20
according to the same protocols and safeguards protecting the=20
information.
2. To local government agencies, voluntary organizations (as=20
defined in 44 CFR 206.2(a)(27)), and FEMA- and/or state- recognized=20
Long Term Recovery Committees (LTRC) and their members for a declared=20
county charged through legislation or chartered with administering=20
disaster relief/assistance programs. The written request from the=20
entity shall include the applicant's name, date of birth, FEMA=20
registration/application number, and damaged dwelling address (or=20
geospatial location of dwelling). The entity must explain the type of=20
tangible assistance being offered and the type of verification required=20
before the assistance can be provided.
3. To local government agencies, utility companies, hospitals/
health care providers, and voluntary organizations (as defined at 44=20
CFR 206.2(a)(27)). The voluntary organization must either have a=20
national membership in good standing with the National Voluntary=20
Organizations Active in Disaster (NVOAD), be a FEMA or state recognized=20
Long-Term Recovery Committee (LTRC), or member of such committee for=20
that disaster. The above-mentioned entities must have a disaster=20
assistance program to address the unmet disaster-related needs of=20
disaster survivors and be actively involved in the recovery efforts of=20
the disaster. FEMA may disclose to the above mentioned entities lists=20
of applicant names, contact information, their FEMA inspected loss=20
amount, amounts received, award category, and Small Business=20
Administration loan status for the purpose of providing additional=20
disaster assistance and/or addressing unmet needs. FEMA may disclose=20
the aforementioned data elements according to different sub-categories=20
of disaster applicants (e.g., those that received maximum amounts,=20
those that have flood insurance coverage, those with emergency needs,=20
or those over a certain age). FEMA shall release this information only=20
during the disaster period of assistance as defined in 44 CFR=20
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=20
entity qualified under Routine Use (H)(3), and to entities that loan or=20
donate new or reused durable medical equipment and assistive=20
technology, information about applicants in need of such equipment or=20
technology as a result of a declared disaster, if the applicant in=20
question has an immediate need for durable medical equipment or=20
assistive technology, and the qualifying entity is able to provide the=20
assistance in question. An immediate need is one that is of such=20
urgency or severity that one could reasonably expect the absence of the=20
durable medical equipment or assistive technology to place the health=20
of the applicant in serious jeopardy, to compromise the safety of the=20
applicant, or prevent the applicant from relocating from a shelter=20
facility to the next stage of recovery.
Specifically, FEMA may release the applicant's name and limited=20
contact information (telephone number, email address, and if being=20
delivered to a location other than a shelter, the current address and/
or geospatial location data). A written request is not necessary in=20
this situation; however, FEMA shall provide a written letter (or email)=20
along with the information to the receiving entity, and in turn the=20
receiving entity shall acknowledge receipt of message that it has=20
received the information and has contacted the applicant. In addition,=20
the entity will confirm that it has taken the steps to protect the=20
information provided.
5. To a private sector entity/business for the purpose of=20
administering, coordinating, and/or providing tangible assistance to=20
the entity's employees who have applied for assistance to address their=20
disaster-related losses. The request from the private sector entity/
business must include its employees' names, dates of birth, damaged=20
dwelling addresses, and the types of tangible assistance the entity is=20
offering its employees. FEMA shall only release the contact information=20
of those applicants who are employed by the requesting entity. FEMA=20
shall release this information only during the disaster period of=20
assistance as defined in 44 CFR Sec. 206.110(e).
6. To organizations that are able to provide durable medical=20
equipment and assistive technology to applicants in need of such=20
devices as a result of a declared disaster. FEMA may disclose=20
applicants' name and contact information to include the current address=20
and phone number.
7. To federal, state, tribal, and local government agencies for the=20
purpose of contacting FEMA IHP applicants to seek their voluntary=20
participation in surveys or studies concerning effects of disasters,=20
program effectiveness, and to identify possible ways to improve=20
community preparedness and resiliency for future disasters.
I. To federal, state, tribal, or local government agencies;=20
voluntary organizations; insurance companies; employers; any public or=20
private entities; banks and financial institutions when an applicant's=20
eligibility, in whole or in part, for FEMA's IHP depends upon financial=20
benefits already received or available from that source for similar=20
purposes as necessary to determine benefits; and to prevent duplication=20
of disaster assistance benefits (as described in 42 U.S.C. 5155 of the=20
Stafford Act). FEMA initiates the transaction by only disclosing the=20
name, address, and date of birth of an applicant in order to properly=20
identify the same and obtain desired relevant information from entities=20
listed above.
J. To federal, state, tribal, or local government agencies charged=20
with the implementation of hazard mitigation measures and the=20
enforcement of hazard-specific provisions of building codes, standards,=20
and ordinances. FEMA will only disclose information for the following=20
purposes:
1. For hazard mitigation planning purposes, to assist federal,=20
state, tribal, or local government agencies in identifying high-risk=20
areas and preparing mitigation plans that target those areas for hazard=20
mitigation projects implemented under federal, state, tribal, or local=20
hazard mitigation programs.
2. For enforcement purposes, to enable federal, state, tribal, or=20
local government agencies, to ensure that owners repair or rebuild=20
structures in conformity with applicable hazard-specific building=20
codes, standards, and ordinances.
K. To the Department of the Treasury, pursuant to the Debt=20
Collection Improvement Act of 1996, 31 U.S.C. 3325(d) and 7701(c)(1),=20
as amended. An applicant's Social Security Number will be released in=20
connection with a request that the Department of the Treasury provide a=20
disaster assistance payment to an applicant under the IHP.
[[Page 25287]]
L. To a state, local, or tribal government agency in connection=20
with billing that state, local, or tribal government for the applicable=20
non-federal cost share under the IHP. Information shared shall only=20
include applicants' names, contact information, and amounts of=20
assistance received.
M. To state, tribal, or local government emergency managers, when=20
an applicant is occupying a FEMA temporary housing unit, for the=20
purposes of preparing, administering, coordinating, and/or monitoring=20
emergency response, public safety, and evacuation plans. FEMA shall=20
only release the applicants' phone numbers, address, and number of=20
household occupants of the housing unit.
N. To the Department of the Treasury, Department of Justice, the=20
United States Attorney's Office, or other third party for further=20
collection action on any delinquent debt when circumstances warrant.
O. To federal, state, tribal, or local law enforcement authorities,=20
or agencies, or other entities authorized to investigate and/or=20
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=20
municipalities, for the purpose of ensuring voting rights of=20
individuals who have applied for FEMA assistance, limited to their own=20
respective citizens who are displaced by a Presidentially-declared=20
major disaster or emergency out of their voting jurisdiction.
Q. To certain federal, state, tribal, or local government agencies=20
to update the applicant's current records (e.g., change of address,=20
effective date of change of address) when that agency needs to update=20
contact information (e.g., the Social Security Administration, a State=20
Department of Motor Vehicles, or a State health agency).
R. To other federal, state, local, or tribal government agencies,=20
and voluntary organizations under approved computer matching efforts.
S. To the news media and the public, with the approval of the DHS=20
Chief Privacy Officer in consultation with the DHS General Counsel and=20
FEMA Chief Counsel when there is a legitimate public interest in the=20
disclosure of the information or when disclosure is necessary to inform=20
the public or is necessary to demonstrate the accountability of DHS's=20
officers, employees, or individuals covered by the system, except to=20
the extent it is determined that release of the specific information in=20
the context of a particular case would constitute an unwarranted=20
invasion of personal privacy.
Disclosure to consumer reporting agencies:
Disclosure under 5 U.S.C. 552a(b)(12). DHS/FEMA may make=20
disclosures from this system to ``consumer reporting agencies'' as=20
defined in the Fair Credit Reporting Act, 15 U.S.C. 1681a(f), as=20
amended; or the Federal Claims Collection Act of 1966, 31 U.S.C.=20
3701(a)(3), as amended.
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
may be stored on magnetic disc, tape, digital/electronic media.
Retrievability:
Records may be retrieved by an individual's name, address, Social=20
Security Number, and case file number.
Safeguards:
FEMA safeguards the records in this system 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.
Retention and disposal:
Records pertaining to disaster assistance will be placed in=20
inactive storage two years after FEMA receives the application and will=20
be destroyed when they are six years and three months old, in=20
accordance with NARA Authority N1-311-86-1, item 4C10a. Records=20
pertaining to temporary housing will be destroyed three years after=20
close of the operation in accordance with NARA Authority N1-311-86-1,=20
item 4C10b. Closeout occurs when the disaster contract is terminated.=20
Records pertaining to the IHP program will retire to the Federal=20
Records Center (FRC) one year after closeout and be destroyed three=20
years after closeout. Records pertaining to individual assistance=20
customer satisfaction assessments are stored in accordance with NARA=20
Authority N1-311-00-1. The customer service assessment forms that have=20
been filled out and returned by disaster assistance applicants are=20
temporary records that are destroyed upon transmission of the final=20
report, per NARA Authority N1-311-00-1, item 1. The statistical and=20
analytical reports resulting from these assessments are temporary=20
records that are retired 3 years after the final report cutoff and=20
destroyed 20 years after the report cutoff, per NARA Authority N1-311-
00-1, item 2. The assessment results database are temporary records=20
that are destroyed when no longer needed for analysis purposes, per=20
NARA Authority N1-311-00-1, item 3.
System Manager and address:
Division Director, Individual Assistance Division, Federal=20
Emergency Management Agency, 500 C Street SW., Washington, DC 20472.
Notification procedure:
Individuals applying for IHP assistance may access their=20
information online via the Disaster Assistance Center using the user=20
ID, password, system generated PIN, and authentication that was=20
established during the application process. Applicants may also call a=20
NPSC representative to access their information by providing their=20
registration ID.
In addition, individuals 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 FEMA Disclosure=20
Officer, 500 C Street SW., Washington, DC 20472. If an individual=20
believes more than one component maintains Privacy Act records=20
concerning him or her, the individual may submit the request to the=20
Chief Privacy Officer, Department of Homeland Security, 245 Murray=20
Drive SW., Building 410, STOP-0550, Washington, DC 20528.
When seeking records about yourself from this system of records or=20
any other FEMA system of records your request must conform with the=20
Privacy Act regulations set forth in 6 CFR Part 5. You must first=20
verify your identity, meaning that you must provide your full name,=20
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 Chief Privacy=20
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=20
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; and
Provide any other information that will help the FOIA=20
staff determine which DHS component agency may have responsive records;=20
and
If your request is seeking records pertaining to another living=20
individual, you must include a statement from that individual=20
certifying his/her agreement for you to access his/her records.
Without the above information the component(s) may not be able to=20
conduct an effective search, and your request may be denied due to lack=20
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=20
assistance through three different media: (1) Electronically via the=20
Internet at http://www.disasterassistance=
.gov/ (FEMA Form 009-0-1 and=20
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=20
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=20
records derives from Temporary Housing Assistance Eligibility=20
Determinations (FEMA Forms 009-0-5, and 009-0-6) and Application for=20
Continued Temporary Housing Assistance (FEMA Form 010-0-12), as well as=20
related information (FEMA Forms 009-0-5 and 009-0-6). Information may=20
also come from FEMA inspectors, financial institutions, insurance=20
companies, state, local, tribal, and voluntary agencies providing=20
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