Privacy Act of 1974; Federal Emergency Management Agency-007 National Flood Insurance Program Marketing Files System of Records, 77793-77795 [E8-29812]

Agencies

• Office of the Secretary
• DEPARTMENT OF HOMELAND SECURITY

[Federal Register Volume 73, Number 245 (Friday, December 19, 2008)]
[Notices]
[Pages 77793-77795]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E8-29812]


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DEPARTMENT OF HOMELAND SECURITY

Office of the Secretary

[Docket No. DHS-2008-0097]


Privacy Act of 1974; Federal Emergency Management Agency--007 
National Flood Insurance Program Marketing 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 
Homeland Security is giving notice that it proposes to consolidate 
three legacy record systems into a Department of Homeland Security 
system of records notice titled, Federal Emergency Management Agency 
National Flood Insurance Program Marketing Files: FEMA/FIMA-4 National 
Flood Insurance Program Marketing Records and Related Files (January 
23, 2002), FEMA/FIMA-5 National Flood Insurance Program Telephone 
Response Center (TRC) Consumer and Policyholder Records and Related 
Documents Files (January 23, 2002), and FEMA/MIT-7 Flood Map Customer 
Records (June 8, 2001). This system will allow the Department of 
Homeland Security to market the Department of Homeland Security Federal 
Emergency Management Agency--006 National Flood Insurance Program. 
Categories of individuals, categories of records, and the routine uses 
of these legacy system of records notices have been consolidated and 
updated to better reflect the National Flood Insurance Program 
marketing record systems. This system will be included in the 
Department'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-
2008-0097 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 
pertaining to the marketing of the National Flood Insurance Program, 
which is administered by DHS/FEMA.
    In 1968, Congress created the National Flood Insurance Program 
(NFIP) in response to the rising cost of taxpayer funded disaster 
relief for flood victims and the increasing amount of damage caused by 
floods.
    Nearly 20,000 communities across the United States and its 
territories participate in the NFIP by adopting and enforcing 
floodplain management ordinances to reduce future flood damage. In 
exchange, the NFIP makes federally-backed flood insurance available to 
homeowners, renters, and business owners in these communities.
    Typically, a home or business owner will seek flood insurance from 
an insurance company that provides other lines of business such as 
traditional car insurance or property and casualty homeowners 
insurance. In other cases, a mortgage lender will require flood 
insurance in addition to regular homeowner's insurance. If a home 
owner's insurance company participates in the NFIP's Write-Your-Own 
(WYO) program, and the home or business owner's building is located in 
a participating NFIP community, the home or business owner can purchase 
flood insurance.
    The NFIP Marketing Files SORN allows DHS/FEMA to market the NFIP 
program to home and business owners

[[Page 77794]]

whose homes/buildings are located in a participating NFIP community.
    In accordance with the Privacy Act of 1974, the Department of 
Homeland Security is giving notice that it proposes to consolidate 
three legacy record systems into a Department of Homeland Security 
system of records notice titled, Federal Emergency Management Agency 
National Flood Insurance Program Marketing Files: FEMA/FIMA-4 National 
Flood Insurance Program Marketing Records and Related Files (67 FR 3193 
January 23, 2002), FEMA/FIMA-5 National Flood Insurance Program 
Telephone Response Center (TRC) Consumer and Policyholder Records and 
Related Documents Files (67 FR 3193 January 23, 2002), and FEMA/MIT-7 
Flood Map Customer Records (66 FR 30927 June 8, 2001). This system will 
allow the Department of Homeland Security to market the Department of 
Homeland Security Federal Emergency Management Agency--007 National 
Flood Insurance Program. Categories of individuals, categories of 
records, and the routine uses of these legacy systems of records 
notices have been consolidated and updated to better reflect the 
Department of Homeland Security's Federal Emergency Management Agency 
National Flood Insurance Program marketing record systems. This system 
will be included in the Department'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 Federal Emergency 
Management Agency National Flood Insurance Program Marketing Files 
System of Records.
    In accordance with 5 U.S.C. 552a(r), DHS has provided a report of 
this system of records to the Office of Management and Budget (OMB) and 
to Congress.
System of Records
DHS/FEMA-007

System name:
    Federal Emergency Management Agency--007 National Flood Insurance 
Program Marketing Files.

Security classification:
    Unclassified.

System location:
    Records are maintained at the Federal Emergency Management Agency 
Headquarters in Washington, DC and in field offices.

Categories of individuals covered by the system:
    Categories of individuals covered by this system include 
individuals who apply for and individuals who are insured under the 
National Flood Insurance Program, Write-Your-Own companies, flood 
insurance agents and lenders, and individuals who request information 
on the National Flood Insurance Program.

Categories of records in the system:
    Categories of records in this system include:
     Individual's name;
     Business's name;
     Addresses;
     Phone numbers;
     Account numbers or order numbers;
     Market research data regarding the NFIP, including 
information regarding awareness, attitudes, and satisfaction as it 
relates to the NFIP, which is obtained through qualitative surveys 
approved by the Office of Management and Budget (OMB);
     Telephone Response Center (TRC) records regarding research 
conducted with customers, insurance agents, Write-Your-Own (WYO) 
companies and individual respondents.

Authority for maintenance of the system:
    Federal Records Act, 44 U.S.C. 3101; National Flood Insurance Act 
of 1968, as amended, and Flood Disaster Protection Act of 1973, as 
amended, 42 U.S.C 4001 et seq.

Purpose(s):
    The purpose of this system is to market the National Flood 
Insurance Program.

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 (including United States Attorney 
Offices) 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;

[[Page 77795]]

    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 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:
    None.

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 are retrieved by individual's name, business' name, 
addresses, telephone number, account number, or order 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 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:
    Flood plain Management Files end at the close of each fiscal year, 
retired to the Federal Record Center, and destroyed ten years after 
cutoff, in accordance with FEMA Records Schedule N1-311-02-01, Item 4. 
Files generated in processing flood insurance policies under the 
continuing National Flood Insurance Program end when file becomes 
inactive and destroyed five years after cutoff, in accordance with FEMA 
Records Schedule N1-311-86-1, Item 1A13a(2).

System Manager and address:
    Administrator, Federal Insurance and Mitigation Administration, 
Federal Emergency Management Agency Headquarters, 500 C Street, SW., 
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:
    Individual's who apply for and individuals who are insured under 
the National Flood Insurance Program, Write-Your-Own companies, flood 
insurance agents and lenders, and individuals who request information 
on the National Flood Insurance Program.

Exemptions claimed for the system:
    None.

    Dated: December 10, 2008.
Hugo Teufel III,
Chief Privacy Officer, Department of Homeland Security.
[FR Doc. E8-29812 Filed 12-18-08; 8:45 am]
BILLING CODE 4410-10-P