Privacy Act of 1974; Federal Emergency Management Agency-005 Temporary and Permanent Relocation and Personal and Real Property Acquisitions and Relocation Files System of Records, 77750-77753 [E8-29796]
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Federal Register / Vol. 73, No. 245 / Friday, December 19, 2008 / Notices
Insurance Program as SRL Target Group
properties, the dates and dollar amounts
of loss payments made to prior owners
so current owners may evaluate whether
that designation is appropriate and may,
if they believe the designation is not
appropriate, use the information to
appeal that designation.
Q. To the Special Direct Facility
National Flood Insurance Program
Repetitive Loss records for the
processing of SRL Target Group
policyholder underwriting and claims
records.
R. To Preferred Risk Property (PRP)
owners who are contesting the denial of
the PRP applications, the properties’
prior loss history.
S. To Federal, State, and local
government agencies to conduct
research, analysis, and feasibility
studies.
T. To communities to provide
repetitive loss records that pertain to
that community.
U. To OMB in connection with the
review of private relief legislation in
accordance with OMB Circular No. A–
19.
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.
STORAGE:
Records in this system are stored
electronically or on paper in secure
facilities in a locked drawer behind a
locked door. The records are stored on
magnetic disc, tape, digital media, and
CD–ROM.
RETRIEVABILITY:
Records will be retrieved by
individual’s name; insurance policy
number; Repetitive Loss Target Group
number; property address; zip code;
telephone number; insurance agents;
company name, including lenders and
WYO Companies; community name;
and Community Rating System
application number.
SAFEGUARDS:
Records in this system are
safeguarded in accordance with
applicable rules and policies, including
all applicable DHS automated system
security access policies. Strict controls
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RETENTION AND DISPOSAL:
Policy records are kept as long as the
property owner is enrolled in the
insurance program and pays the policy
premiums, and cutoff when the file
becomes inactive. Policy records are
destroyed 5 years after the cutoff with
FEMA Records Schedule N1–311–86–1,
Item 1A13a(2). Claim records are
maintained for 6 years and 3 months
after final action, unless litigation exists.
Records are disposed of FEMA Records
Schedule N1–311–86–1, Item
2A12(2)(b). Claim records with pending
litigation are destroyed after review by
General Counsel with FEMA Records
Schedule N1–311–86–1, Item 2A13a(1).
Consumer records, including
Community Rating System records, are
retired to the Federal Record Center 2
years after cutoff, and destroyed 10
years after cutoff, IAW FEMA Records
Schedule N1–311–02–01, Item 4.
Administrator, Federal Insurance and
Mitigation Administration, Federal
Emergency Management Agency
Headquarters, 500 C Street, SW.,
Washington, DC 20472.
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 FEMA’s FOIA
Officer, 500 C Street, SW., Attn: FOIA
Coordinator, Washington, DC 20472.
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 Director, Disclosure and FOIA,
https://www.dhs.gov or 1–866–431–0486.
In addition you should provide the
following:
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• An explanation of why you believe
the Department would have information
on you,
• Specify when you believe the
records would have been created,
• 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 this bulleted information the
FEMA 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:
Individual’s who apply for and
individuals who are insured under the
National Flood Insurance Program,
WYO Companies, flood insurance
agents and lenders, individuals who
request information on the National
Flood Insurance Program, appraisal
records, title reports, and homeowner
reports.
EXEMPTIONS CLAIMED FOR THE SYSTEM:
SYSTEM MANAGER AND ADDRESS:
NOTIFICATION PROCEDURE:
POLICIES AND PRACTICES FOR STORING,
RETRIEVING, ACCESSING, RETAINING, AND
DISPOSING OF RECORDS IN THE SYSTEM:
VerDate Aug<31>2005
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.
None.
Dated: December 10, 2008.
Hugo Teufel III,
Chief Privacy Officer, Department of
Homeland Security.
[FR Doc. E8–29794 Filed 12–18–08; 8:45 am]
BILLING CODE 4410–10–P
DEPARTMENT OF HOMELAND
SECURITY
Office of the Secretary
[Docket No. DHS–2008–0126]
Privacy Act of 1974; Federal
Emergency Management Agency–005
Temporary and Permanent Relocation
and Personal and Real Property
Acquisitions and Relocation Files
System of Records
Privacy Office; DHS.
Notice of Privacy Act system of
AGENCY:
ACTION:
records.
SUMMARY: In accordance with the
Privacy Act of 1974 and as part of the
Department of Homeland Security’s
ongoing effort to review and update
legacy system of records notices, the
Department of Homeland Security is
giving notice that it proposes to update
and reissue the following legacy record
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Federal Register / Vol. 73, No. 245 / Friday, December 19, 2008 / Notices
system: FEMA/State and Local Programs
and Support (SLPS)–6 Temporary and
Permanent Relocation and Personal and
Real Property Acquisitions and
Relocation Files (September 7, 1990) as
a Department of Homeland Security
system of records notice titled,
Department of Homeland Security
Federal Emergency Management
Agency—005 Temporary and Permanent
Relocation and Personal and Real
Property Acquisitions and Relocation
Files. Categories of individuals,
categories of records, and the routine
uses of this legacy system of records
notice have been reviewed updated to
better reflect the Department of
Homeland Security’s Federal Emergency
Management Agency—005 Temporary
and Permanent Relocation and Personal
and Real Property Acquisitions and
Relocation Files. This new system will
be included in the Department of
Homeland Security’s inventory of
record systems.
DATES: Written comments must be
submitted on or before January 20, 2009.
This new system will be effective
January 20, 2009.
ADDRESSES: You may submit comments,
identified by docket number DHS–
2008–0126 by one of the following
methods:
• Federal e-Rulemaking Portal:
https://www.regulations.gov. Follow the
instructions for submitting comments.
• Fax: 1–866–466–5370.
• Mail: Hugo Teufel III, 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 and may be read at
https://www.regulations.gov, including
any personal information provided.
• Docket: For access to the docket, to
read background documents, or
comments received, go to https://
www.regulations.gov.
FOR FURTHER INFORMATION CONTACT: For
general questions please contact:
Federal Emergency Management Agency
Privacy Officer, Federal Emergency
Management Agency. For privacy issues
please contact: Hugo Teufel III (703–
235–0780), Chief Privacy Officer,
Privacy Office, U.S. Department of
Homeland Security, Washington, DC
20528.
SUPPLEMENTARY INFORMATION:
I. Background
Pursuant to the savings clause in the
Homeland Security Act of 2002, Public
Law 107–296, Section 1512, 116 Stat.
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2310 (November 25, 2002), the
Department of Homeland Security
(DHS)/Federal Emergency Management
Agency (FEMA) have relied on
preexisting Privacy Act systems of
records notices for the collection and
maintenance of records that concern
DHS/FEMA—005 Temporary and
Permanent Relocation and Personal and
Real Property Acquisitions and
Relocation Files.
As part of its efforts to streamline and
consolidate its record systems, DHS is
updating and reissuing a system of
records under the Privacy Act (5 U.S.C.
552a) that deals with the DHS/FEMA—
005 Temporary and Permanent
Relocation and Personal and Real
Property Acquisitions and Relocation
Files. This record system will allow
DHS/FEMA to collect and maintain
records regarding individual properties
that qualify for acquisition and/or
relocation under the Comprehensive
Environmental Response Compensation
Liability Act of 1980, as amended, and
National Flood Insurance Act as
amended, 42 U.S.C. 4001. The
collection and maintenance of this
information will assist DHS/FEMA in
tracking individual properties that
qualify for acquisition and/or relocation
under these Acts.
In accordance with the Privacy Act of
1974 and as part of DHS’s ongoing effort
to review and update legacy system of
records notices, DHS is giving notice
that it proposes to update and reissue
the following legacy record system
FEMA/SLPS–6 Temporary and
Permanent Relocation and Personal and
Real Property Acquisitions and
Relocation Files (55 FR 37182
September 7, 1990) as a DHS system of
records notice titled DHS/FEMA—005
Temporary and Permanent Relocation
and Personal and Real Property
Acquisitions and Relocation Files. DHS
has reviewed the categories of
individuals and categories of records,
and has updated the routine uses of this
legacy system of records notice to better
reflect DHS/FEMA—005 Temporary and
Permanent Relocation and Personal and
Real Property Acquisitions and
Relocation Files. This new system will
be included in DHS’s inventory of
record systems.
II. Privacy Act
The Privacy Act embodies fair
information principles in a statutory
framework governing the means by
which the United States Government
collects, maintains, uses, and
disseminates 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
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records under the control of an agency
for 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
United States citizens and lawful
permanent residents. As a matter of
policy, DHS extends administrative
Privacy Act protections to all
individuals where systems of records
maintain information on U.S. citizens,
lawful permanent residents, and
visitors. Individuals may request access
to their own records that are maintained
in a system of records in the possession
or under the control of DHS by
complying with DHS Privacy Act
regulations, 6 CFR part 5.
The Privacy Act requires each agency
to publish in the Federal Register a
description denoting the type and
character of each system of records that
the agency maintains, and the routine
uses that are contained in each system
in order to make agency record keeping
practices transparent, to notify
individuals regarding the uses of their
records, and to assist individuals to
more easily find such files within the
agency. Below is the description of the
DHS/FEMA—005 Temporary and
Permanent Relocation and Personal and
Real Property Acquisitions and
Relocation Files System of Records.
In accordance with 5 U.S.C. 552a(r),
DHS has provided a report of this new
system of records to the Office of
Management and Budget and to
Congress.
System of Records: DHS/FEMA–005
SYSTEM NAME:
Federal Emergency Management
Agency—005 Temporary and Permanent
Relocation and Personal and Real
Property Acquisitions and Relocation
Files.
SECURITY CLASSIFICATION:
Unclassified.
SYSTEM LOCATION:
Records are maintained at the Federal
Emergency Management Agency
Headquarters in Washington, DC and
field offices.
CATEGORIES OF INDIVIDUALS COVERED BY THE
SYSTEM:
Categories of individuals covered by
this system include individuals whose
real property has been, or is being,
acquired by DHS/FEMA. Also included
are individuals who have been, or are
being, relocated by DHS/FEMA.
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CATEGORIES OF RECORDS IN THE SYSTEM:
PURPOSE(S):
Categories of records in this system
include:
• Individual’s name;
• Taxpayer identification number/
social security number;
• Amounts paid for purchase of
property including records of
negotiations and offers;
• Title search documentation
including property titles, title company
correspondence, closing papers, tax
records, and contracts;
• Loan interest payment information
including mortgage payment papers,
loan documentation claims, and DHS/
FEMA approvals;
• Information for determining benefit
amounts for real property acquisition
including tax records, mortgage
information, and divorce decrees;
• Information concerning
replacement housing determinations
including tax information, affidavits,
and determinations;
• Relocation claims payment
information including documents which
verify that funds have been spent,
deeds, contracts, building estimates,
construction bills, loan papers, leases,
cancelled checks, claim forms, and
Decent, Safe and Sanitary Inspection
Forms;
• Deeds, contractual sale documents,
notations of follow-up actions, appraiser
qualifications, rent supplement
information, insurance verifications,
moving cost information, permanent
relocation questionnaires including
background information on displaced
persons, and information supplied by
displaced persons to support claims for
real property acquisition and relocation
assistance. The temporary relocation file
may contain the following:
Æ Applicant contact sheets;
Æ Application for assistance;
Æ Leases and/or reimbursement
agreements and corresponding housing
inspection reports;
Æ Requests for payment with
supporting bills, receipts, etc., for
relocation expenses and payment
records to individuals and businesses;
and
Æ Move-out records.
The purpose of this system is to track
individual properties that qualify for
acquisition and/or relocation under the
Comprehensive Environmental
Response Compensation Liability Act of
1980, as amended, and the National
Flood Insurance Act, 42 U.S.C. 4001, as
amended.
AUTHORITY FOR MAINTENANCE OF THE SYSTEM:
Federal Records Act, 44 U.S.C. 3101;
Comprehensive Environmental
Response Compensation Liability Act
(CERCLA) of 1980, 42 U.S.C. 9601 et
seq.; Executive Order 12580; Uniform
Relocation Assistance and Real Property
Acquisition Policies Act, 42 U.S.C. 4601
et seq.; National Flood Insurance Act of
1968 and Flood Disaster Protection Act
of 1973, 42 U.S.C. 4001, et seq. and
Executive Order 9397.
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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 of information
contained in this system may be
disclosed outside DHS as a routine use
pursuant to 5 U.S.C. 552a(b)(3) as
follows:
A. To the Department of Justice or
other Federal agency conducting
litigation or in proceedings before any
court, adjudicative or administrative
body, when it is 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 where DOJ or DHS
has agreed to represent the employee; or
4. The United States or any agency
thereof, is a party to the litigation or has
an interest in such litigation, and DHS
determines that the records are both
relevant and necessary to the litigation
and the use of such records is
compatible with the purpose for which
DHS collected the records.
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 or other Federal
government agencies pursuant to
records management inspections being
conducted under the authority of 44
U.S.C. 2904 and 2906.
D. To an agency, organization, or
individual 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. The Department has determined
that as a result of the suspected or
confirmed compromise there is a risk of
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harm to economic or property interests,
identity theft or fraud, or harm to the
security or integrity of this system or
other systems or programs (whether
maintained by DHS or another agency or
entity) or harm to the individual who
relies upon the compromised
information; and
3. The disclosure made to such
agencies, entities, and persons is
reasonably necessary to assist in
connection with DHS’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 DHS,
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 DHS
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, where 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 making the disclosure.
H. To the affected State or political
subdivision thereof for the purpose of
determining the State’s or subdivision’s
eligibility for tracking title to the
acquired property for recreational and
open space resources.
I. To the Environmental Protection
Agency for the purpose of verifying the
proper eligibility and use of Superfund
monies to acquire properties found to be
uninhabitable for the population and in
connection with legal cases brought
under the Superfund.
J. To the Small Business
Administration for the purpose of
determining the individual/business
eligibility for loans and no duplication
of funds.
K. To the Department of Justice, or a
United States Attorney for legal
representation in duplication of benefits
provided to the individual or legal cases
brought by or against FEMA, or in the
case of Superfund monies, those
brought by or against the Environmental
Protection Agency.
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L. To the Department of Justice for the
purpose of obtaining official title
opinions prior to acquisition as outlined
under Section 1362 acquisitions.
M. To the news media and the public,
with the approval of the Chief Privacy
Officer in consultation with counsel,
when there exists a legitimate public
interest in the disclosure of the
information or when disclosure is
necessary to preserve confidence in the
integrity of DHS 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 pursuant to 5 U.S.C.
552a(b)(12): Disclosures may be made
from this system to ‘‘consumer reporting
agencies’’ as defined in the Fair Credit
Reporting Act (15 U.S.C. 1681a(f) or the
Federal Claims Collection Act of 1966
(31 U.S.C. 3701(a)(3)).
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 are stored on
magnetic disc, tape, digital media, and
CD–ROM.
RETRIEVABILITY:
Records may be retrieved by
individual’s name, property addresses,
mobile home sales documents, leases,
and contracts.
SAFEGUARDS:
Records in this system are
safeguarded 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:
Permanent Personal and Real Property
Acquisition and Relocation records are
covered by General Record Schedules 3
and 4. Original files regarding occupantrelated documents (e.g., site requests,
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mobile home sales documents, leases,
and contracts) will be consolidated at
regional offices at the end of Phase II
(e.g., when shelterees are moved to
permanent housing) and destroyed 6
years and 3 months after files are
consolidated in accordance with FEMA
Record Schedule N1–311–86–1, Item
4C8b(1). Files relating to permanent
relocations under Superfund and
purchases of properties under Section
1362 are permanent and will be
maintained in accordance with FEMA
Records Schedule N1–311–86–1, Item
4C10d.
77753
CONTESTING RECORD PROCEDURES:
See ‘‘Notification procedure’’ above.
RECORD SOURCE CATEGORIES:
Individuals, appraisal records, title
reports, or homeowner reports.
EXEMPTIONS CLAIMED FOR THE SYSTEM:
None.
Dated: December 10, 2008.
Hugo Teufel III,
Chief Privacy Officer, Department of
Homeland Security.
[FR Doc. E8–29796 Filed 12–18–08; 8:45 am]
BILLING CODE 4410–10–P
SYSTEM MANAGER AND ADDRESS:
For Superfund acquisitions—
Associate Director, State and Local
Programs and Support Directorate,
Federal Emergency Management
Agency, Washington, DC 20472.
DEPARTMENT OF HOMELAND
SECURITY
Office of the Secretary
[Docket No. DHS–2008–0155]
NOTIFICATION PROCEDURE:
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 FEMA’s FOIA
Officer, 500 C Street, SW., Attn: FOIA
Coordinator, Washington, DC 20472.
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 Director, Disclosure and FOIA,
https://www.dhs.gov or 1–866–431–0486.
In addition you should provide the
following:
• An explanation of why you believe
the Department would have information
on you,
• Specify when you believe the
records would have been created,
• 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 this bulleted information the
FEMA 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.
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Privacy Act of 1974; U.S. Customs and
Border Protection—010 Persons
Engaged in International Trade in
Customs and Border Protection
Licensed/Regulated Activities System
of Records
Privacy Office; DHS.
Notice of Privacy Act system of
AGENCY:
ACTION:
records.
SUMMARY: In accordance with the
Privacy Act of 1974, the Department of
Homeland Security is giving notice that
it proposes to consolidate eight legacy
record systems into a U.S. Customs and
Border Protection system of records
notice titled, U.S. Customs and Border
Protection Persons Engaged in
International Trade in Customs and
Border Protection Licensed/Regulated
Activities: Treasury/CS.040 Carrier File,
October 18, 2001; Treasury/CS.041
Cartmen or Lightermen, October 18,
2001; Treasury/CS.057 Container
Station Operator Files, October 18,
2001; Treasury/CS.069 Customs Brokers
File, October 18, 2001; Treasury/CS.137
List of Vessel Agents Employees,
October 18, 2001; Treasury/CS.260
Warehouse Proprietor Files, October 18,
2001; Treasury/CS.271 Cargo Security
Record System, October 18, 2001; and
Treasury/CS.274 Importers, Brokers,
Carriers, Individuals and Sureties
Master Files, October 18, 2001.
Categories of individuals, categories of
records, and the routine uses have been
consolidated and updated to better
reflect the U.S. Customs and Border
Protection record systems that collect
and maintain information on persons
engaged in international trade in
Customs and Border Protection
licensed/regulated activities. The
Department of Homeland Security is
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]]>Agencies
[Federal Register Volume 73, Number 245 (Friday, December 19, 2008)]
[Notices]
[Pages 77750-77753]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E8-29796]
-----------------------------------------------------------------------
DEPARTMENT OF HOMELAND SECURITY
Office of the Secretary
[Docket No. DHS-2008-0126]
Privacy Act of 1974; Federal Emergency Management Agency-005
Temporary and Permanent Relocation and Personal and Real Property
Acquisitions and Relocation Files System of Records
AGENCY: Privacy Office; DHS.
ACTION: Notice of Privacy Act system of records.
-----------------------------------------------------------------------
SUMMARY: In accordance with the Privacy Act of 1974 and as part of the
Department of Homeland Security's ongoing effort to review and update
legacy system of records notices, the Department of Homeland Security
is giving notice that it proposes to update and reissue the following
legacy record
[[Page 77751]]
system: FEMA/State and Local Programs and Support (SLPS)-6 Temporary
and Permanent Relocation and Personal and Real Property Acquisitions
and Relocation Files (September 7, 1990) as a Department of Homeland
Security system of records notice titled, Department of Homeland
Security Federal Emergency Management Agency--005 Temporary and
Permanent Relocation and Personal and Real Property Acquisitions and
Relocation Files. Categories of individuals, categories of records, and
the routine uses of this legacy system of records notice have been
reviewed updated to better reflect the Department of Homeland
Security's Federal Emergency Management Agency--005 Temporary and
Permanent Relocation and Personal and Real Property Acquisitions and
Relocation Files. This new system will be included in the Department of
Homeland Security's inventory of record systems.
DATES: Written comments must be submitted on or before January 20,
2009. This new system will be effective January 20, 2009.
ADDRESSES: You may submit comments, identified by docket number DHS-
2008-0126 by one of the following methods:
Federal e-Rulemaking Portal: https://www.regulations.gov.
Follow the instructions for submitting comments.
Fax: 1-866-466-5370.
Mail: Hugo Teufel III, 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 and may be read at https://
www.regulations.gov, including any personal information provided.
Docket: For access to the docket, to read background
documents, or comments received, go to https://www.regulations.gov.
FOR FURTHER INFORMATION CONTACT: For general questions please contact:
Federal Emergency Management Agency Privacy Officer, Federal Emergency
Management Agency. For privacy issues please contact: Hugo Teufel III
(703-235-0780), Chief Privacy Officer, Privacy Office, U.S. Department
of Homeland Security, Washington, DC 20528.
SUPPLEMENTARY INFORMATION:
I. Background
Pursuant to the savings clause in the Homeland Security Act of
2002, Public Law 107-296, Section 1512, 116 Stat. 2310 (November 25,
2002), the Department of Homeland Security (DHS)/Federal Emergency
Management Agency (FEMA) have relied on preexisting Privacy Act systems
of records notices for the collection and maintenance of records that
concern DHS/FEMA--005 Temporary and Permanent Relocation and Personal
and Real Property Acquisitions and Relocation Files.
As part of its efforts to streamline and consolidate its record
systems, DHS is updating and reissuing a system of records under the
Privacy Act (5 U.S.C. 552a) that deals with the DHS/FEMA--005 Temporary
and Permanent Relocation and Personal and Real Property Acquisitions
and Relocation Files. This record system will allow DHS/FEMA to collect
and maintain records regarding individual properties that qualify for
acquisition and/or relocation under the Comprehensive Environmental
Response Compensation Liability Act of 1980, as amended, and National
Flood Insurance Act as amended, 42 U.S.C. 4001. The collection and
maintenance of this information will assist DHS/FEMA in tracking
individual properties that qualify for acquisition and/or relocation
under these Acts.
In accordance with the Privacy Act of 1974 and as part of DHS's
ongoing effort to review and update legacy system of records notices,
DHS is giving notice that it proposes to update and reissue the
following legacy record system FEMA/SLPS-6 Temporary and Permanent
Relocation and Personal and Real Property Acquisitions and Relocation
Files (55 FR 37182 September 7, 1990) as a DHS system of records notice
titled DHS/FEMA--005 Temporary and Permanent Relocation and Personal
and Real Property Acquisitions and Relocation Files. DHS has reviewed
the categories of individuals and categories of records, and has
updated the routine uses of this legacy system of records notice to
better reflect DHS/FEMA--005 Temporary and Permanent Relocation and
Personal and Real Property Acquisitions and Relocation Files. This new
system will be included in DHS's inventory of record systems.
II. Privacy Act
The Privacy Act embodies fair information principles in a statutory
framework governing the means by which the United States Government
collects, maintains, uses, and disseminates 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 for 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 United States citizens and lawful
permanent residents. As a matter of policy, DHS extends administrative
Privacy Act protections to all individuals where systems of records
maintain information on U.S. citizens, lawful permanent residents, and
visitors. Individuals may request access to their own records that are
maintained in a system of records in the possession or under the
control of DHS by complying with DHS Privacy Act regulations, 6 CFR
part 5.
The Privacy Act requires each agency to publish in the Federal
Register a description denoting the type and character of each system
of records that the agency maintains, and the routine uses that are
contained in each system in order to make agency record keeping
practices transparent, to notify individuals regarding the uses of
their records, and to assist individuals to more easily find such files
within the agency. Below is the description of the DHS/FEMA--005
Temporary and Permanent Relocation and Personal and Real Property
Acquisitions and Relocation Files System of Records.
In accordance with 5 U.S.C. 552a(r), DHS has provided a report of
this new system of records to the Office of Management and Budget and
to Congress.
System of Records: DHS/FEMA-005
System name:
Federal Emergency Management Agency--005 Temporary and Permanent
Relocation and Personal and Real Property Acquisitions and Relocation
Files.
Security classification:
Unclassified.
System location:
Records are maintained at the Federal Emergency Management Agency
Headquarters in Washington, DC and field offices.
Categories of individuals covered by the system:
Categories of individuals covered by this system include
individuals whose real property has been, or is being, acquired by DHS/
FEMA. Also included are individuals who have been, or are being,
relocated by DHS/FEMA.
[[Page 77752]]
Categories of records in the system:
Categories of records in this system include:
Individual's name;
Taxpayer identification number/social security number;
Amounts paid for purchase of property including records of
negotiations and offers;
Title search documentation including property titles,
title company correspondence, closing papers, tax records, and
contracts;
Loan interest payment information including mortgage
payment papers, loan documentation claims, and DHS/FEMA approvals;
Information for determining benefit amounts for real
property acquisition including tax records, mortgage information, and
divorce decrees;
Information concerning replacement housing determinations
including tax information, affidavits, and determinations;
Relocation claims payment information including documents
which verify that funds have been spent, deeds, contracts, building
estimates, construction bills, loan papers, leases, cancelled checks,
claim forms, and Decent, Safe and Sanitary Inspection Forms;
Deeds, contractual sale documents, notations of follow-up
actions, appraiser qualifications, rent supplement information,
insurance verifications, moving cost information, permanent relocation
questionnaires including background information on displaced persons,
and information supplied by displaced persons to support claims for
real property acquisition and relocation assistance. The temporary
relocation file may contain the following:
[cir] Applicant contact sheets;
[cir] Application for assistance;
[cir] Leases and/or reimbursement agreements and corresponding
housing inspection reports;
[cir] Requests for payment with supporting bills, receipts, etc.,
for relocation expenses and payment records to individuals and
businesses; and
[cir] Move-out records.
Authority for maintenance of the system:
Federal Records Act, 44 U.S.C. 3101; Comprehensive Environmental
Response Compensation Liability Act (CERCLA) of 1980, 42 U.S.C. 9601 et
seq.; Executive Order 12580; Uniform Relocation Assistance and Real
Property Acquisition Policies Act, 42 U.S.C. 4601 et seq.; National
Flood Insurance Act of 1968 and Flood Disaster Protection Act of 1973,
42 U.S.C. 4001, et seq. and Executive Order 9397.
Purpose(s):
The purpose of this system is to track individual properties that
qualify for acquisition and/or relocation under the Comprehensive
Environmental Response Compensation Liability Act of 1980, as amended,
and the National Flood Insurance Act, 42 U.S.C. 4001, as amended.
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 of
information contained in this system may be disclosed outside DHS as a
routine use pursuant to 5 U.S.C. 552a(b)(3) as follows:
A. To the Department of Justice or other Federal agency conducting
litigation or in proceedings before any court, adjudicative or
administrative body, when it is 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 where DOJ or
DHS has agreed to represent the employee; or
4. The United States or any agency thereof, is a party to the
litigation or has an interest in such litigation, and DHS determines
that the records are both relevant and necessary to the litigation and
the use of such records is compatible with the purpose for which DHS
collected the records.
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 or other
Federal government agencies pursuant to records management inspections
being conducted under the authority of 44 U.S.C. 2904 and 2906.
D. To an agency, organization, or individual 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. The Department has determined that as a result of the suspected
or confirmed compromise there is a risk of harm to economic or property
interests, identity theft or fraud, or harm to the security or
integrity of this system or other systems or programs (whether
maintained by DHS or another agency or entity) or harm to the
individual who relies upon the compromised information; and
3. The disclosure made to such agencies, entities, and persons is
reasonably necessary to assist in connection with DHS'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 DHS, 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 DHS 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, where 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 making the
disclosure.
H. To the affected State or political subdivision thereof for the
purpose of determining the State's or subdivision's eligibility for
tracking title to the acquired property for recreational and open space
resources.
I. To the Environmental Protection Agency for the purpose of
verifying the proper eligibility and use of Superfund monies to acquire
properties found to be uninhabitable for the population and in
connection with legal cases brought under the Superfund.
J. To the Small Business Administration for the purpose of
determining the individual/business eligibility for loans and no
duplication of funds.
K. To the Department of Justice, or a United States Attorney for
legal representation in duplication of benefits provided to the
individual or legal cases brought by or against FEMA, or in the case of
Superfund monies, those brought by or against the Environmental
Protection Agency.
[[Page 77753]]
L. To the Department of Justice for the purpose of obtaining
official title opinions prior to acquisition as outlined under Section
1362 acquisitions.
M. To the news media and the public, with the approval of the Chief
Privacy Officer in consultation with counsel, when there exists a
legitimate public interest in the disclosure of the information or when
disclosure is necessary to preserve confidence in the integrity of DHS
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 pursuant to 5 U.S.C. 552a(b)(12): Disclosures may be
made from this system to ``consumer reporting agencies'' as defined in
the Fair Credit Reporting Act (15 U.S.C. 1681a(f) or the Federal Claims
Collection Act of 1966 (31 U.S.C. 3701(a)(3)).
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
are stored on magnetic disc, tape, digital media, and CD-ROM.
Retrievability:
Records may be retrieved by individual's name, property addresses,
mobile home sales documents, leases, and contracts.
Safeguards:
Records in this system are safeguarded 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:
Permanent Personal and Real Property Acquisition and Relocation
records are covered by General Record Schedules 3 and 4. Original files
regarding occupant-related documents (e.g., site requests, mobile home
sales documents, leases, and contracts) will be consolidated at
regional offices at the end of Phase II (e.g., when shelterees are
moved to permanent housing) and destroyed 6 years and 3 months after
files are consolidated in accordance with FEMA Record Schedule N1-311-
86-1, Item 4C8b(1). Files relating to permanent relocations under
Superfund and purchases of properties under Section 1362 are permanent
and will be maintained in accordance with FEMA Records Schedule N1-311-
86-1, Item 4C10d.
System Manager and address:
For Superfund acquisitions--Associate Director, State and Local
Programs and Support Directorate, Federal Emergency Management Agency,
Washington, DC 20472.
Notification procedure:
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 FEMA's FOIA Officer, 500 C Street,
SW., Attn: FOIA Coordinator, Washington, DC 20472.
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 Director,
Disclosure and FOIA, https://www.dhs.gov or 1-866-431-0486. In addition
you should provide the following:
An explanation of why you believe the Department would
have information on you,
Specify when you believe the records would have been
created,
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 this bulleted information the FEMA 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:
Individuals, appraisal records, title reports, or homeowner
reports.
Exemptions claimed for the system:
None.
Dated: December 10, 2008.
Hugo Teufel III,
Chief Privacy Officer, Department of Homeland Security.
[FR Doc. E8-29796 Filed 12-18-08; 8:45 am]
BILLING CODE 4410-10-P
