Privacy Act of 1974; Federal Emergency Management Agency-008 Disaster Recovery Assistance Files System of Records, 48763-48767 [E9-23015]
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Federal Register / Vol. 74, No. 184 / Thursday, September 24, 2009 / Notices
Total Burden Cost (operating/
maintaining): $25,513.
Thomas Chase Garwood III,
Chief Information Officer, National Protection
and Programs Directorate, Department of
Homeland Security.
[FR Doc. E9–23013 Filed 9–23–09; 8:45 am]
BILLING CODE 9910–9P–P
DEPARTMENT OF HOMELAND
SECURITY
Office of the Secretary
[Docket No. DHS–2008–0088]
Privacy Act of 1974; Federal
Emergency Management Agency-008
Disaster Recovery Assistance Files
System of Records
Privacy Office; DHS.
Notice of Privacy Act system of
AGENCY:
ACTION:
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records.
SUMMARY: In accordance with the
Privacy Act of 1974, the Department of
Homeland Security proposes to update
and reissue a system of records titled,
Department of Homeland Security
Federal Emergency Management
Agency-REG 2 Disaster Recovery
Assistance Files [July 6, 2006], into a
Department of Homeland Security
system of records notice titled, DHS/
Federal Emergency Management
Agency-008 Disaster Recovery
Assistance Files. This system enables
the Department of Homeland Security to
administer the DHS/Federal Emergency
Management Agency Disaster Recovery
Assistance system of records. To assist
in improving disaster recovery
assistance, the Federal Emergency
Management Agency, in partnership
with other Federal agencies, hosts a
single application and resource center
(https://www.disasterassistance.gov) that
allows the public to apply for disaster
assistance, benefits, and other services
within the Federal Emergency
Management Agency and other Federal
agencies.
Updated information contained in the
Disaster Recovery Assistance Files,
includes, but is not limited to, the
disaster applicant’s change of address
associated with the applicant’s social
security number that will be submitted
to the Social Security Administration.
Sharing the date of a disaster
applicant’s change of address along with
the social security number will allow
applicants to update the Social Security
Administration with information to help
prevent delay in receiving benefits and
correspondence from the Social Security
Administration.
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Categories of individuals, categories
of records, and the routine uses of this
system of records notice have been
updated to better reflect the Department
of Homeland Security Federal
Emergency Management Agency’s
Disaster Recovery Assistance record
systems. This system will be included
in the Department’s inventory of record
systems. The changes include renumbering the routine uses to comport
with all of DHS system of record
notices.
We have expanded the preamble
language in section (h), which was
previously numbered section (a), to
include sharing for the purposes of
addressing unmet needs as well as
preventing a duplication of benefits. We
expanded the language in (h)(1)
(previously (a)(1)) to include all types of
disaster related assistance that a Federal
or State agency may provide. There was
some ambiguity as to whether some
services that states provided met the
standard set out in the previous system
of records notice. We have added an
additional routine use in section (h) to
address immediate health needs of
applicants.
We have added routine use section (q)
to better assist applicants by updating
all of their information that is filed with
government agencies. FEMA learned
that in the aftermath of a disaster,
applicants who were housed in FEMAprovided dwellings had trouble
receiving other services and benefits
from other government agencies due to
the fact that those other agencies did not
have updated contact information
regarding the applicants. This routine
use will address that problem.
In response to Executive Order 13411
we have added routine use (r) to allow
for computer matching agreements with
other agencies in order to better deal
with eligibility concerns. Often
eligibility for other Federal agency
programs is contingent upon whether
the applicant received assistance from
DHS/FEMA and vice versa. The sharing
via computer matching agreements will
expedite and improve upon this
process.
DATES: Written comments must be
submitted on or before October 26,
2009. This new system will be effective
October 26, 2009.
ADDRESSES: You may submit comments,
identified by Docket Number DHS–
2008–0088 by one of the following
methods:
• Federal e-Rulemaking Portal:
https://www.regulations.gov. Follow the
instructions for submitting comments.
• Fax: 703–483–2999.
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• Mail: Mary Ellen Callahan, 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: Delia
Davis (202–646–3808), Privacy Officer,
Federal Emergency Management
Agency, Department of Homeland
Security, Washington, DC 20472. For
privacy issues please contact: Mary
Ellen Callahan (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) and in
accordance with the Privacy Act of
1974, the Department of Homeland
Security (DHS)/Federal Emergency
Management Agency (FEMA) is
updating and reissuing this system of
records for the collection and
maintenance of records pertaining to the
Federal Emergency Management Agency
Disaster Recovery Assistance Files.
In compliance with Executive Order
13411, ‘‘Improving Assistance for
Disaster Victims,’’ dated August 29,
2006, FEMA has developed and
improved several programs to improve
assistance provided to victims of
Presidentially-declared disasters.
The Department of Homeland
Security is updating the DHS/FEMA–
REG 2 Disaster Recovery Assistance
Files [July 6, 2006, 71 FR 38408], and
reissuing it under a new name, DHS/
FEMA-008 Disaster Recovery Assistance
Files. This system will enable DHS to
administer the Federal Emergency
Management Agency Disaster Recovery
Assistance system of records. To assist
in improving disaster recovery
assistance, FEMA, in partnership with
other Federal agencies, hosts a single
application and resource center (https://
www.disasterassistance.gov) that allows
the public to apply for disaster
assistance, benefits, and other services
within FEMA and other Federal
agencies.
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Additional routine uses have been
added in order to improve efficiency of
administering disaster relief efforts and
benefits. FEMA has added routine use
(q) to better assist applicants in
updating all of their information that is
filed with government agencies. FEMA
learned that in the aftermath of a
disaster, applicants who were housed in
FEMA-provided dwellings had trouble
receiving other services and benefits
from other government agencies due to
the fact that those other agencies did not
have updated contact information
regarding the applicants. Initially, the
following agencies will be using
Disaster Assistance Center: Social
Security Administration (SSA), Small
Business Administration (SBA),
Department of Education (ED), and
Department of Labor (DOL). In
subsequent phases, the following
agencies may be using Disaster
Assistance Center: Department of
Housing and Urban Development
(HUD), Department of Agriculture
(USDA), Department of Health & Human
Services (HHS), Department of Justice
(USDOJ), Department of the Interior
(DOI), Department of Treasury
(Treasury), Department of Veterans’
Affairs (VA), and Office of Personnel
Management (OPM). For example,
sharing the date of a disaster applicant’s
change of address together with their
social security number will allow
applicants to update Social Security
Administration with information to help
prevent delay in receiving benefits and
correspondence from the Social Security
Administration.
FEMA has added routine use (r)
pursuant to the aforementioned
Executive Order 13411. This allows for
computer matching agreements with
other agencies in order to better deal
with eligibility concerns. Eligibility for
other Federal agency programs is
contingent on whether the applicant
received assistance from DHS/FEMA
and vice versa. The sharing via
computer matching agreements will
expedite and improve upon this
process.
Specifically, routine use section (h)
(previously section a.) more clearly
describes which entities may receive
applicant information for the purposes
of preventing duplication of benefits
and addressing unmet needs caused by
the disaster. This section also adds an
additional routine use to entities that
are able to assist applicants who require
immediate health related needs. FEMA
has added routine use (e) to comport
with all DHS system of records notices.
Pursuant to the aforementioned
Executive Order 13411, FEMA has
added routine uses (q) and (r). All
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disclosures made pursuant to the
routine uses described below (unless
stated otherwise) require a written
request from the entity seeking the
information prior to disclosure. All
requests for applicant information first
require legal review and concurrence
before disclosing applicant information
under this system.
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 Disaster Recovery
Assistance Files System of Records.
In accordance with 5 U.S.C. 552a(r),
DHS has provided a report of this
revised system of records to the Office
of Management and Budget (OMB) and
to Congress.
SYSTEM OF RECORDS:
DHS/FEMA–008.
SYSTEM NAME:
Federal Emergency Management
Agency Disaster Recovery Assistance
Files.
SECURITY CLASSIFICATION:
Unclassified.
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SYSTEM LOCATION:
National Processing Service Centers
(NPSC) located at FEMA MD–NPSC,
6511 America Boulevard, Hyattsville,
MD 20782; FEMA VA–NPSC, 430
Market St. Winchester, VA 22603; and
FEMA TX–NPSC, 3900 Karina Lane,
Denton, TX 76208.
CATEGORIES OF INDIVIDUALS COVERED BY THE
SYSTEM:
Eligible United States citizens and
lawful permanent residents applying for
disaster recovery assistance following a
Presidentially-declared major disaster or
emergency.
CATEGORIES OF RECORDS IN THE SYSTEM:
Categories of records in this system
include:
(a) Registration Records (Form 90–69
and 90–69b, Disaster Assistance
Registration/Application)
• Individual’s full name;
• Social security number, alien
number, co-application social security
number;
• Date of birth;
• Phone numbers;
• E-mail addresses;
• Addresses;
• Language(s) spoken;
• Date of disaster and/or property loss
including cause of damage and
estimates of repair;
• Type of disaster location;
• Name for each disaster;
• Income information;
• Acceptable forms of identification
(e.g., drivers license, state/federal issued
photo identification);
• Emergency needs of the individual
(e.g. food, clothing, shelter etc.);
• Other needs (e.g., medical, dental,
moving, funeral etc.)
• Type of residence;
• Insurance coverage information
including names, addresses, phone
numbers, e-mail addresses;
• Household size and composition
including number and type of
individual’s dependents;
• Bank name and account
information including electronic funds
transfer information;
(b) Inspection Reports (Form 90–56,
Inspection Report)
• Inspection reports containing
individuals’ identifying information and
results of surveys of damaged real and
personal property and goods, which
may include individuals’ homes and
personal items;
(c) Temporary Housing Assistance
Eligibility Determinations (Forms 90–
11, through 90–13, 90–16, 90–22, 90–24
through 90–28, 90–31, 90–33, 90–41,
90–48, 90–57, 90–68 through 90–70, 90–
71, 90–75 through 90–78, 90–82, 90–86,
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90–87, 90–94 through 90–97, 90–99, and
90–101.
• Correspondence and
documentation related to the approval
and disapproval of temporary housing
assistance including: general
correspondence, complaints, appeals
and resolutions, requests for
disbursement of payments, inquiries
from tenants and landlords, general
administrative and fiscal information,
payment schedules and forms,
termination notices, information shared
with the temporary housing program
staff from other agencies to prevent the
duplication of benefits, leases, contracts,
specifications for repair of disaster
damaged residences, reasons for
eviction or denial of aid, sales
information after tenant purchase of
housing units, and the status of
disposition of applications for housing;
(d) Eligibility Decisions for Disaster
Aid from other Federal and State
Agencies (forms 76–27 through 70–28,
76–30, 76–32, 76–34 through 76–35 and
76–38)
• Notations of decisions for disaster
aid from other Federal and State
agencies as they relate to determinations
of individuals’ eligibility for disaster
assistance programs.
• Other files independently kept by
the State, which contain records of
persons who request disaster aid,
specifically for the ‘‘Other Needs’’
assistance provision of the Individuals
and Households Program (IHP), and its
predecessor program, the Individuals
and Family Grant (IFG), administrative
files and reports required by FEMA. As
to individuals, the State keeps the same
type of information as described above
under registration, inspection, and
temporary housing assistance records.
As to administrative files and reporting
requirements.
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AUTHORITY FOR MAINTENANCE OF THE SYSTEM:
Robert T. Stafford Disaster Relief and
Emergency Assistance Act as amended
(the Stafford Act), 42 U.S.C. 5121–5206
and Reorganization Plan No. 3 of 1978,
5 U.S.C. 552a(b) of the Privacy Act,
Executive Order 13411, the Homeland
Security Act of 2002, Public Law 107–
296, Section 1512, 116 Stat. 2310
(November 25, 2002), 5 U.S.C. 552a(b) of
the Privacy Act, 44 U.S.C. sections 2904
and 2906, Debt Collection Improvement
Act of 1996, 31 U.S.C. 3325(d) and
7701(c)(1), Fair Credit Reporting Act, 15
U.S.C. 1681a(f), as amended; Federal
Claims Collection Act of 1966, 31 U.S.C.
3701(a)(3), as amended; 44 CFR
206.2(a)(27).
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PURPOSE(S):
To register applicants needing
disaster assistance, to inspect damaged
homes, to verify information provided
by each applicant, to determine
eligibility regarding an applicant’s
request for assistance, and to identify
and implement measures to reduce
future disaster damage, prevent
duplication of federal government
efforts and benefits, identify possible
fraudulent activity once there has been
a Presidentially-declared major disaster
or emergency.
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, DHS/FEMA
may disclose all or a portion of the
records of information contained in this
system as a routine use pursuant to 5
U.S.C. 552a(b)(3) as follows:
A. To the Department of Justice (DOJ)
(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.
B. To a congressional office from the
record of an individual in response to
an inquiry from that congressional office
made at the request and with the
consent 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. sections 2904 and 2906.
D. To a Federal 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;
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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. Where a record, either on its face
or in conjunction with other
information, indicates a violation or
potential violation of law—criminal,
civil, or regulatory—the relevant records
may be referred to an appropriate
Federal, State, tribal, local,
international, or foreign law
enforcement agency or other appropriate
authority charged with investigating or
prosecuting such a violation or
enforcing or implementing a law, rule,
regulation, or order, so long as such
disclosure is proper and consistent with
the official duties of the person
receiving the information.
H. To certain agencies where FEMA
may disclose applicant information
necessary to prevent a duplication of
efforts or a duplication of benefits in
determining eligibility for disaster
assistance, or to certain entities that will
provide unmet needs to eligible,
ineligible or partially eligible FEMA
applicants. Only the least amount of
necessary information shall be released
to enable the recipient agency to
determine eligibility for that agency’s
particular assistance program(s). The
receiving agency is not permitted to
alter or to further disclose the disclosed
records to other disaster organizations.
FEMA may make such disclosures
under the following circumstances:
1. To another Federal agency or State
government agency charged by statute
or regulation in administering disaster
relief programs. This includes programs
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that make available any additional
Federal and State disaster assistance to
individuals and households and
authorities that give preference of
priority to disaster victims to the extent
the information is relevant and
necessary and is compatible as to
purpose.
2. When an applicant seeks assistance
from a local government agency or a
voluntary organization (as defined at 44
CFR 206.2(a)(27), as amended or
superseded) charged under legislation
or charter with administering disaster
relief programs, and FEMA receives a
written request from that local
government or voluntary agency that
includes the applicant’s name, date of
birth, FEMA registration/application
number, and damaged dwelling address.
The written request must explain the
type of tangible assistance being offered
and the type of verification required
before the assistance can be provided.
3. To voluntary organizations (as
defined at 44 CFR 206.2(a)(27), as
amended or superseded) that have an
established disaster assistance program
to address the disaster-related unmet
needs of disaster victims, are actively
involved in the recovery efforts of the
disaster, and either have a national
membership in good standing with the
National Voluntary Organizations
Active in Disaster (NVOAD), or are
participating in the FEMA or State
recognized disaster’s Long-Term
Recovery Committee. When a voluntary
agency satisfies all of the criteria listed
in this sub-paragraph, FEMA may
release lists of individuals’ names,
contact information, and their FEMA
inspected loss amount to the voluntary
agency for the sole purpose of providing
additional disaster assistance. FEMA
shall release this information only from
the time that disaster period is first open
until 90 days after the disaster period is
closed.
4. FEMA may immediately disclose,
on a case-by-case basis, applicant
information to an entity qualifying
under routine use (H)(3) above or to an
entity approved by the FEMA Disability
Coordinator, if the applicant in question
has a special need for durable medical
equipment or device, and the qualifying
entity is able to provide the assistance
to the applicant in question.
Specifically, FEMA may release the
applicants name and telephone number.
A written request is not necessary in
this situation, however FEMA shall
provide a written letter along with the
information to receiving entity, and in
turn the receiving entity shall send
FEMA an acknowledgement letter that it
has received the information and has
contacted the applicant. In addition, the
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entity will confirm that it has taken the
steps to protect the information
provided. Only the FEMA Disability
Coordinator or designee is authorized to
approve a release under this routine use.
I. To relevant agencies, organizations,
and institutions when an individual’s
eligibility, in whole or in part, for a
disaster assistance program depends
upon benefits already received or
available from another source for the
same purpose as necessary to determine
what benefits are available from another
source and to prevent the duplication of
disaster assistance benefits (as described
in section 312 of the Stafford Act).
J. To Federal, State, or local agencies
in response to a written request, FEMA
may disclose information charged with
the implementation of hazard mitigation
measures and the enforcement of
hazard-specific provisions of building
codes, standards, and ordinances.
FEMA may only disclose information
for the following purposes:
1. For hazard mitigation planning
purposes to assist States and local
communities in identifying high-risk
areas and preparing mitigation plans
that target those areas for hazard
mitigation projects implemented under
Federal, State or local hazard mitigation
programs.
2. For enforcement purposes, to
enable State and local communities to
ensure that owners repair or rebuild
structures in conformance with
applicable hazard-specific building
codes, standards, and ordinances.
K. To the Department of the Treasury,
pursuant to the Debt Collection
Improvement Act of 1996, 31 U.S.C.
3325(d) and 7701(c)(1), on the release of
a social security number of the person
doing business with FEMA, including
an applicant for a grant. An applicant’s
social security number will be released
in connection with a request for
payment to the Department of the
Treasury to provide a disaster assistance
payment to an applicant under the
Individual Assistance program.
L. To a State in connection with
billing that State for the applicable nonFederal cost share under the Individuals
and Households Program. Information
shall only include list of applicants’
names, contact information, and
amounts of assistance received.
M. To local emergency managers,
when an applicant is occupying a FEMA
Temporary Housing unit, for the
purposes of preparing, administering,
coordinating and/or monitoring
emergency response, public safety, and
evacuation plans. FEMA shall only
release the address and location of the
housing unit.
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N. To the Department of the Treasury,
Justice, the United States Attorney’s
Office, or a consumer reporting agency
for further collection action on any
delinquent debt when circumstances
warrant.
O. To Federal or State law
enforcement authority, or agency, or
other entity authorized to investigate
and/or coordinate locating missing
children and/or reuniting families.
P. To State and local government
election authorities to oversee the voting
process within their respective State/
county/parish, for the limited purpose
of ensuring voting rights of individuals
who have applied to FEMA for Disaster
Assistance, limited to their own
respective State’s/county’s/parish’s
citizens who are displaced by a
Presidentially-declared major disaster or
emergency out of their State/county/
parish voting jurisdiction.
Q. To certain Federal, State, local, and
tribal agencies where FEMA may
disclose an applicant’s disaster related
information to update the applicant’s
current records (i.e. change of address,
effective date of change of address, etc.)
within that agency to reduce additional
efforts following a Presidentiallydeclared disaster (i.e. Social Security
Administration, a state Department of
Motor Vehicles, or state health agency
that needs updated contact
information).
R. To other Federal agencies or nonFederal entities under approved
computer matching efforts, if use of
such information is compatible with the
purpose for which DHS collected the
information. Sharing is limited to only
those data elements considered relevant
and necessary to determine eligibility
under particular benefit programs
administered by those agencies or
entities or by DHS or any component
thereof to improve program integrity,
and to collect debts and other monies
owed under those programs.
S. 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 the Department or is
necessary to demonstrate the
accountability of the Department’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.
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Standards and Technology Level 2
Assurance guidelines.
DISCLOSURE TO CONSUMER REPORTING
AGENCIES:
Disclosure under 5 U.S.C. 552a(b)(12).
DHS/FEMA may make disclosures from
this system to ‘‘consumer reporting
agencies’’ as defined in the Fair Credit
Reporting Act 15 U.S.C. 1681a(f), as
amended; or the Federal Claims
Collection Act of 1966 31 U.S.C.
3701(a)(3), as amended.
POLICIES AND PRACTICES FOR STORING,
RETRIEVING, ACCESSING, RETAINING, AND
DISPOSING OF RECORDS IN THE SYSTEM:
STORAGE:
Records in this system are stored in
an interactive database, computer discs,
and paper records in file folders.
RETRIEVABILITY:
Records may be retrieved by an
individual’s name, address, social
security number, and case file number.
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SAFEGUARDS:
Only authorized FEMA employees
and contractors have access to this
information. Hardware and software
computer security measures are used to
control access to the data. Access to the
data is based upon an individual’s
position in FEMA and/or their
designated duties. Individuals are
assigned specific ‘‘rights’’ or specific
access (e.g., read only, modify, delete,
etc.). The access granted is based upon
an individual’s position responsibilities
for ‘‘official use’’ only. FEMA
employees are allowed access to the
data as a function of their specific job
assignments within their respective
organizations. Each FEMA employee’s
access to the data is restricted to that
needed to carry out their duties.
No individual applying for disaster
assistance will have access to the entire
database via the Internet. Applicants
will have limited access to only their
own information that they submitted via
the Internet, and to the status of their
own information regarding the
processing of their own application (e.g.
the status of required documentation,
inspection status, or SBA status).
Applicants are provided a Logon id,
password, and Personal Identification
Number (PIN) that connect only to the
applicant’s data. The password and PIN
ensures that the login id belongs to the
applicant. Computer security software
ensures that the login id is mapped only
to the applicant’s data. Applicants will
have access to only their own
application information after FEMA
assigns them a properly authenticated
user id, password, and PIN. Applicants
will be registered and authenticated in
accordance with National Institute of
VerDate Nov<24>2008
16:27 Sep 23, 2009
Jkt 217001
RETENTION AND DISPOSAL:
Records pertaining to individual
assistance EXCEPT those relating to
temporary housing and Individuals and
Households Program programs will
retire to inactive storage when two years
old and destroyed when six years three
months old in accordance with FEMA
Records Schedule No. N1–311–86–1,
item 4C10a. Records pertaining to
temporary housing will be destroyed
three years after close of the operation
in accordance with FRS No. N1–311–
86–1, item 4C10b. Closeout occurs when
the disaster contract is terminated.
Records pertaining to the IHP program
will retire to the Federal Records Center
(FRC) one year after closeout and
destroyed three years after closeout.
Division Director, Individual
Assistance Division, Federal Emergency
Management Agency, 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 the Headquarters or
component’s FOIA Officer, whose
contact information can be found at
https://www.dhs.gov/foia under
‘‘contacts.’’ If an individual believes
more than one component maintains
Privacy Act records concerning him or
her the individual may submit the
request to the Chief Privacy Officer,
Department of Homeland Security, 245
Murray Drive, SW., Building 410,
STOP–0550, Washington, DC 20528.
When seeking records about yourself
from this system of records or any other
Departmental 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,
Frm 00059
Fmt 4703
Sfmt 4703
• Identify which component(s) of the
Department you believe may have the
information about you,
• Specify when you believe the
records would have been created,
• Provide any other information that
will help the FOIA staff determine
which DHS component agency may
have responsive records,
• 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
component(s) may not be able to
conduct an effective search, and your
request may be denied due to lack of
specificity or lack of compliance with
applicable regulations.
RECORD ACCESS PROCEDURES:
See ‘‘Notification procedure’’ above.
SYSTEM MANAGER AND ADDRESS:
PO 00000
48767
CONTESTING RECORD PROCEDURES:
See ‘‘Notification procedure’’ above.
RECORD SOURCE CATEGORIES:
FEMA receives information from
individuals who apply for disaster
recovery assistance through three
different media: (1) Electronically via
the Internet at https://
www.disasterassistance.gov; (2) by
calling FEMA’s toll-free number 1–800–
621–3362, and (3) through submission
of a paper copy of FEMA Form 90–69.
In addition information in this records
system may come from credit rating
bureaus, financial institutions,
insurance companies, State, local and
voluntary agencies providing disaster
relief, and commercial databases (for
verification purposes).
EXEMPTIONS CLAIMED FOR THE SYSTEM:
None.
Dated: September 14, 2009.
Mary Ellen Callahan,
Chief Privacy Officer, Department of
Homeland Security.
[FR Doc. E9–23015 Filed 9–23–09; 8:45 am]
BILLING CODE 9110–17–P
DEPARTMENT OF HOMELAND
SECURITY
Office of the Secretary
[Docket No. DHS–2009–0113]
Privacy Act of 1974; Federal
Emergency Management Agency—001
National Emergency Family Registry
and Locator System System of
Records
AGENCY:
E:\FR\FM\24SEN1.SGM
Privacy Office, DHS.
24SEN1
Agencies
[Federal Register Volume 74, Number 184 (Thursday, September 24, 2009)]
[Notices]
[Pages 48763-48767]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E9-23015]
-----------------------------------------------------------------------
DEPARTMENT OF HOMELAND SECURITY
Office of the Secretary
[Docket No. DHS-2008-0088]
Privacy Act of 1974; Federal Emergency Management Agency-008
Disaster Recovery Assistance 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, the Department of
Homeland Security proposes to update and reissue a system of records
titled, Department of Homeland Security Federal Emergency Management
Agency-REG 2 Disaster Recovery Assistance Files [July 6, 2006], into a
Department of Homeland Security system of records notice titled, DHS/
Federal Emergency Management Agency-008 Disaster Recovery Assistance
Files. This system enables the Department of Homeland Security to
administer the DHS/Federal Emergency Management Agency Disaster
Recovery Assistance system of records. To assist in improving disaster
recovery assistance, the Federal Emergency Management Agency, in
partnership with other Federal agencies, hosts a single application and
resource center (https://www.disasterassistance.gov) that allows the
public to apply for disaster assistance, benefits, and other services
within the Federal Emergency Management Agency and other Federal
agencies.
Updated information contained in the Disaster Recovery Assistance
Files, includes, but is not limited to, the disaster applicant's change
of address associated with the applicant's social security number that
will be submitted to the Social Security Administration.
Sharing the date of a disaster applicant's change of address along
with the social security number will allow applicants to update the
Social Security Administration with information to help prevent delay
in receiving benefits and correspondence from the Social Security
Administration.
Categories of individuals, categories of records, and the routine
uses of this system of records notice have been updated to better
reflect the Department of Homeland Security Federal Emergency
Management Agency's Disaster Recovery Assistance record systems. This
system will be included in the Department's inventory of record
systems. The changes include re-numbering the routine uses to comport
with all of DHS system of record notices.
We have expanded the preamble language in section (h), which was
previously numbered section (a), to include sharing for the purposes of
addressing unmet needs as well as preventing a duplication of benefits.
We expanded the language in (h)(1) (previously (a)(1)) to include all
types of disaster related assistance that a Federal or State agency may
provide. There was some ambiguity as to whether some services that
states provided met the standard set out in the previous system of
records notice. We have added an additional routine use in section (h)
to address immediate health needs of applicants.
We have added routine use section (q) to better assist applicants
by updating all of their information that is filed with government
agencies. FEMA learned that in the aftermath of a disaster, applicants
who were housed in FEMA-provided dwellings had trouble receiving other
services and benefits from other government agencies due to the fact
that those other agencies did not have updated contact information
regarding the applicants. This routine use will address that problem.
In response to Executive Order 13411 we have added routine use (r)
to allow for computer matching agreements with other agencies in order
to better deal with eligibility concerns. Often eligibility for other
Federal agency programs is contingent upon whether the applicant
received assistance from DHS/FEMA and vice versa. The sharing via
computer matching agreements will expedite and improve upon this
process.
DATES: Written comments must be submitted on or before October 26,
2009. This new system will be effective October 26, 2009.
ADDRESSES: You may submit comments, identified by Docket Number DHS-
2008-0088 by one of the following methods:
Federal e-Rulemaking Portal: https://www.regulations.gov.
Follow the instructions for submitting comments.
Fax: 703-483-2999.
Mail: Mary Ellen Callahan, 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:
Delia Davis (202-646-3808), Privacy Officer, Federal Emergency
Management Agency, Department of Homeland Security, Washington, DC
20472. For privacy issues please contact: Mary Ellen Callahan (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) and in accordance with the Privacy Act of 1974, the Department of
Homeland Security (DHS)/Federal Emergency Management Agency (FEMA) is
updating and reissuing this system of records for the collection and
maintenance of records pertaining to the Federal Emergency Management
Agency Disaster Recovery Assistance Files.
In compliance with Executive Order 13411, ``Improving Assistance
for Disaster Victims,'' dated August 29, 2006, FEMA has developed and
improved several programs to improve assistance provided to victims of
Presidentially-declared disasters.
The Department of Homeland Security is updating the DHS/FEMA-REG 2
Disaster Recovery Assistance Files [July 6, 2006, 71 FR 38408], and
reissuing it under a new name, DHS/FEMA-008 Disaster Recovery
Assistance Files. This system will enable DHS to administer the Federal
Emergency Management Agency Disaster Recovery Assistance system of
records. To assist in improving disaster recovery assistance, FEMA, in
partnership with other Federal agencies, hosts a single application and
resource center (https://www.disasterassistance.gov) that allows the
public to apply for disaster assistance, benefits, and other services
within FEMA and other Federal agencies.
[[Page 48764]]
Additional routine uses have been added in order to improve
efficiency of administering disaster relief efforts and benefits. FEMA
has added routine use (q) to better assist applicants in updating all
of their information that is filed with government agencies. FEMA
learned that in the aftermath of a disaster, applicants who were housed
in FEMA-provided dwellings had trouble receiving other services and
benefits from other government agencies due to the fact that those
other agencies did not have updated contact information regarding the
applicants. Initially, the following agencies will be using Disaster
Assistance Center: Social Security Administration (SSA), Small Business
Administration (SBA), Department of Education (ED), and Department of
Labor (DOL). In subsequent phases, the following agencies may be using
Disaster Assistance Center: Department of Housing and Urban Development
(HUD), Department of Agriculture (USDA), Department of Health & Human
Services (HHS), Department of Justice (USDOJ), Department of the
Interior (DOI), Department of Treasury (Treasury), Department of
Veterans' Affairs (VA), and Office of Personnel Management (OPM). For
example, sharing the date of a disaster applicant's change of address
together with their social security number will allow applicants to
update Social Security Administration with information to help prevent
delay in receiving benefits and correspondence from the Social Security
Administration.
FEMA has added routine use (r) pursuant to the aforementioned
Executive Order 13411. This allows for computer matching agreements
with other agencies in order to better deal with eligibility concerns.
Eligibility for other Federal agency programs is contingent on whether
the applicant received assistance from DHS/FEMA and vice versa. The
sharing via computer matching agreements will expedite and improve upon
this process.
Specifically, routine use section (h) (previously section a.) more
clearly describes which entities may receive applicant information for
the purposes of preventing duplication of benefits and addressing unmet
needs caused by the disaster. This section also adds an additional
routine use to entities that are able to assist applicants who require
immediate health related needs. FEMA has added routine use (e) to
comport with all DHS system of records notices. Pursuant to the
aforementioned Executive Order 13411, FEMA has added routine uses (q)
and (r). All disclosures made pursuant to the routine uses described
below (unless stated otherwise) require a written request from the
entity seeking the information prior to disclosure. All requests for
applicant information first require legal review and concurrence before
disclosing applicant information under this system.
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 Disaster
Recovery Assistance Files System of Records.
In accordance with 5 U.S.C. 552a(r), DHS has provided a report of
this revised system of records to the Office of Management and Budget
(OMB) and to Congress.
System of Records:
DHS/FEMA-008.
System name:
Federal Emergency Management Agency Disaster Recovery Assistance
Files.
Security classification:
Unclassified.
System location:
National Processing Service Centers (NPSC) located at FEMA MD-NPSC,
6511 America Boulevard, Hyattsville, MD 20782; FEMA VA-NPSC, 430 Market
St. Winchester, VA 22603; and FEMA TX-NPSC, 3900 Karina Lane, Denton,
TX 76208.
Categories of individuals covered by the system:
Eligible United States citizens and lawful permanent residents
applying for disaster recovery assistance following a Presidentially-
declared major disaster or emergency.
Categories of records in the system:
Categories of records in this system include:
(a) Registration Records (Form 90-69 and 90-69b, Disaster
Assistance Registration/Application)
Individual's full name;
Social security number, alien number, co-application
social security number;
Date of birth;
Phone numbers;
E-mail addresses;
Addresses;
Language(s) spoken;
Date of disaster and/or property loss including cause of
damage and estimates of repair;
Type of disaster location;
Name for each disaster;
Income information;
Acceptable forms of identification (e.g., drivers license,
state/federal issued photo identification);
Emergency needs of the individual (e.g. food, clothing,
shelter etc.);
Other needs (e.g., medical, dental, moving, funeral etc.)
Type of residence;
Insurance coverage information including names, addresses,
phone numbers, e-mail addresses;
Household size and composition including number and type
of individual's dependents;
Bank name and account information including electronic
funds transfer information;
(b) Inspection Reports (Form 90-56, Inspection Report)
Inspection reports containing individuals' identifying
information and results of surveys of damaged real and personal
property and goods, which may include individuals' homes and personal
items;
(c) Temporary Housing Assistance Eligibility Determinations (Forms
90-11, through 90-13, 90-16, 90-22, 90-24 through 90-28, 90-31, 90-33,
90-41, 90-48, 90-57, 90-68 through 90-70, 90-71, 90-75 through 90-78,
90-82, 90-86,
[[Page 48765]]
90-87, 90-94 through 90-97, 90-99, and 90-101.
Correspondence and documentation related to the approval
and disapproval of temporary housing assistance including: general
correspondence, complaints, appeals and resolutions, requests for
disbursement of payments, inquiries from tenants and landlords, general
administrative and fiscal information, payment schedules and forms,
termination notices, information shared with the temporary housing
program staff from other agencies to prevent the duplication of
benefits, leases, contracts, specifications for repair of disaster
damaged residences, reasons for eviction or denial of aid, sales
information after tenant purchase of housing units, and the status of
disposition of applications for housing;
(d) Eligibility Decisions for Disaster Aid from other Federal and
State Agencies (forms 76-27 through 70-28, 76-30, 76-32, 76-34 through
76-35 and 76-38)
Notations of decisions for disaster aid from other Federal
and State agencies as they relate to determinations of individuals'
eligibility for disaster assistance programs.
Other files independently kept by the State, which contain
records of persons who request disaster aid, specifically for the
``Other Needs'' assistance provision of the Individuals and Households
Program (IHP), and its predecessor program, the Individuals and Family
Grant (IFG), administrative files and reports required by FEMA. As to
individuals, the State keeps the same type of information as described
above under registration, inspection, and temporary housing assistance
records. As to administrative files and reporting requirements.
Authority for maintenance of the system:
Robert T. Stafford Disaster Relief and Emergency Assistance Act as
amended (the Stafford Act), 42 U.S.C. 5121-5206 and Reorganization Plan
No. 3 of 1978, 5 U.S.C. 552a(b) of the Privacy Act, Executive Order
13411, the Homeland Security Act of 2002, Public Law 107-296, Section
1512, 116 Stat. 2310 (November 25, 2002), 5 U.S.C. 552a(b) of the
Privacy Act, 44 U.S.C. sections 2904 and 2906, Debt Collection
Improvement Act of 1996, 31 U.S.C. 3325(d) and 7701(c)(1), Fair Credit
Reporting Act, 15 U.S.C. 1681a(f), as amended; Federal Claims
Collection Act of 1966, 31 U.S.C. 3701(a)(3), as amended; 44 CFR
206.2(a)(27).
Purpose(s):
To register applicants needing disaster assistance, to inspect
damaged homes, to verify information provided by each applicant, to
determine eligibility regarding an applicant's request for assistance,
and to identify and implement measures to reduce future disaster
damage, prevent duplication of federal government efforts and benefits,
identify possible fraudulent activity once there has been a
Presidentially-declared major disaster or emergency.
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, DHS/FEMA may disclose all or a portion of
the records of information contained in this system as a routine use
pursuant to 5 U.S.C. 552a(b)(3) as follows:
A. To the Department of Justice (DOJ) (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.
B. To a congressional office from the record of an individual in
response to an inquiry from that congressional office made at the
request and with the consent 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. sections 2904 and
2906.
D. To a Federal 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. Where a record, either on its face or in conjunction with other
information, indicates a violation or potential violation of law--
criminal, civil, or regulatory--the relevant records may be referred to
an appropriate Federal, State, tribal, local, international, or foreign
law enforcement agency or other appropriate authority charged with
investigating or prosecuting such a violation or enforcing or
implementing a law, rule, regulation, or order, so long as such
disclosure is proper and consistent with the official duties of the
person receiving the information.
H. To certain agencies where FEMA may disclose applicant
information necessary to prevent a duplication of efforts or a
duplication of benefits in determining eligibility for disaster
assistance, or to certain entities that will provide unmet needs to
eligible, ineligible or partially eligible FEMA applicants. Only the
least amount of necessary information shall be released to enable the
recipient agency to determine eligibility for that agency's particular
assistance program(s). The receiving agency is not permitted to alter
or to further disclose the disclosed records to other disaster
organizations. FEMA may make such disclosures under the following
circumstances:
1. To another Federal agency or State government agency charged by
statute or regulation in administering disaster relief programs. This
includes programs
[[Page 48766]]
that make available any additional Federal and State disaster
assistance to individuals and households and authorities that give
preference of priority to disaster victims to the extent the
information is relevant and necessary and is compatible as to purpose.
2. When an applicant seeks assistance from a local government
agency or a voluntary organization (as defined at 44 CFR 206.2(a)(27),
as amended or superseded) charged under legislation or charter with
administering disaster relief programs, and FEMA receives a written
request from that local government or voluntary agency that includes
the applicant's name, date of birth, FEMA registration/application
number, and damaged dwelling address. The written request must explain
the type of tangible assistance being offered and the type of
verification required before the assistance can be provided.
3. To voluntary organizations (as defined at 44 CFR 206.2(a)(27),
as amended or superseded) that have an established disaster assistance
program to address the disaster-related unmet needs of disaster
victims, are actively involved in the recovery efforts of the disaster,
and either have a national membership in good standing with the
National Voluntary Organizations Active in Disaster (NVOAD), or are
participating in the FEMA or State recognized disaster's Long-Term
Recovery Committee. When a voluntary agency satisfies all of the
criteria listed in this sub-paragraph, FEMA may release lists of
individuals' names, contact information, and their FEMA inspected loss
amount to the voluntary agency for the sole purpose of providing
additional disaster assistance. FEMA shall release this information
only from the time that disaster period is first open until 90 days
after the disaster period is closed.
4. FEMA may immediately disclose, on a case-by-case basis,
applicant information to an entity qualifying under routine use (H)(3)
above or to an entity approved by the FEMA Disability Coordinator, if
the applicant in question has a special need for durable medical
equipment or device, and the qualifying entity is able to provide the
assistance to the applicant in question. Specifically, FEMA may release
the applicants name and telephone number. A written request is not
necessary in this situation, however FEMA shall provide a written
letter along with the information to receiving entity, and in turn the
receiving entity shall send FEMA an acknowledgement letter that it has
received the information and has contacted the applicant. In addition,
the entity will confirm that it has taken the steps to protect the
information provided. Only the FEMA Disability Coordinator or designee
is authorized to approve a release under this routine use.
I. To relevant agencies, organizations, and institutions when an
individual's eligibility, in whole or in part, for a disaster
assistance program depends upon benefits already received or available
from another source for the same purpose as necessary to determine what
benefits are available from another source and to prevent the
duplication of disaster assistance benefits (as described in section
312 of the Stafford Act).
J. To Federal, State, or local agencies in response to a written
request, FEMA may disclose information charged with the implementation
of hazard mitigation measures and the enforcement of hazard-specific
provisions of building codes, standards, and ordinances. FEMA may only
disclose information for the following purposes:
1. For hazard mitigation planning purposes to assist States and
local communities in identifying high-risk areas and preparing
mitigation plans that target those areas for hazard mitigation projects
implemented under Federal, State or local hazard mitigation programs.
2. For enforcement purposes, to enable State and local communities
to ensure that owners repair or rebuild structures in conformance with
applicable hazard-specific building codes, standards, and ordinances.
K. To the Department of the Treasury, pursuant to the Debt
Collection Improvement Act of 1996, 31 U.S.C. 3325(d) and 7701(c)(1),
on the release of a social security number of the person doing business
with FEMA, including an applicant for a grant. An applicant's social
security number will be released in connection with a request for
payment to the Department of the Treasury to provide a disaster
assistance payment to an applicant under the Individual Assistance
program.
L. To a State in connection with billing that State for the
applicable non-Federal cost share under the Individuals and Households
Program. Information shall only include list of applicants' names,
contact information, and amounts of assistance received.
M. To local emergency managers, when an applicant is occupying a
FEMA Temporary Housing unit, for the purposes of preparing,
administering, coordinating and/or monitoring emergency response,
public safety, and evacuation plans. FEMA shall only release the
address and location of the housing unit.
N. To the Department of the Treasury, Justice, the United States
Attorney's Office, or a consumer reporting agency for further
collection action on any delinquent debt when circumstances warrant.
O. To Federal or State law enforcement authority, or agency, or
other entity authorized to investigate and/or coordinate locating
missing children and/or reuniting families.
P. To State and local government election authorities to oversee
the voting process within their respective State/county/parish, for the
limited purpose of ensuring voting rights of individuals who have
applied to FEMA for Disaster Assistance, limited to their own
respective State's/county's/parish's citizens who are displaced by a
Presidentially-declared major disaster or emergency out of their State/
county/parish voting jurisdiction.
Q. To certain Federal, State, local, and tribal agencies where FEMA
may disclose an applicant's disaster related information to update the
applicant's current records (i.e. change of address, effective date of
change of address, etc.) within that agency to reduce additional
efforts following a Presidentially-declared disaster (i.e. Social
Security Administration, a state Department of Motor Vehicles, or state
health agency that needs updated contact information).
R. To other Federal agencies or non-Federal entities under approved
computer matching efforts, if use of such information is compatible
with the purpose for which DHS collected the information. Sharing is
limited to only those data elements considered relevant and necessary
to determine eligibility under particular benefit programs administered
by those agencies or entities or by DHS or any component thereof to
improve program integrity, and to collect debts and other monies owed
under those programs.
S. 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 the
Department or is necessary to demonstrate the accountability of the
Department'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.
[[Page 48767]]
Disclosure to consumer reporting agencies:
Disclosure under 5 U.S.C. 552a(b)(12). DHS/FEMA may make
disclosures from this system to ``consumer reporting agencies'' as
defined in the Fair Credit Reporting Act 15 U.S.C. 1681a(f), as
amended; or the Federal Claims Collection Act of 1966 31 U.S.C.
3701(a)(3), as amended.
Policies and practices for storing, retrieving, accessing, retaining,
and disposing of records in the system:
Storage:
Records in this system are stored in an interactive database,
computer discs, and paper records in file folders.
Retrievability:
Records may be retrieved by an individual's name, address, social
security number, and case file number.
Safeguards:
Only authorized FEMA employees and contractors have access to this
information. Hardware and software computer security measures are used
to control access to the data. Access to the data is based upon an
individual's position in FEMA and/or their designated duties.
Individuals are assigned specific ``rights'' or specific access (e.g.,
read only, modify, delete, etc.). The access granted is based upon an
individual's position responsibilities for ``official use'' only. FEMA
employees are allowed access to the data as a function of their
specific job assignments within their respective organizations. Each
FEMA employee's access to the data is restricted to that needed to
carry out their duties.
No individual applying for disaster assistance will have access to
the entire database via the Internet. Applicants will have limited
access to only their own information that they submitted via the
Internet, and to the status of their own information regarding the
processing of their own application (e.g. the status of required
documentation, inspection status, or SBA status). Applicants are
provided a Logon id, password, and Personal Identification Number (PIN)
that connect only to the applicant's data. The password and PIN ensures
that the login id belongs to the applicant. Computer security software
ensures that the login id is mapped only to the applicant's data.
Applicants will have access to only their own application information
after FEMA assigns them a properly authenticated user id, password, and
PIN. Applicants will be registered and authenticated in accordance with
National Institute of Standards and Technology Level 2 Assurance
guidelines.
Retention and disposal:
Records pertaining to individual assistance EXCEPT those relating
to temporary housing and Individuals and Households Program programs
will retire to inactive storage when two years old and destroyed when
six years three months old in accordance with FEMA Records Schedule No.
N1-311-86-1, item 4C10a. Records pertaining to temporary housing will
be destroyed three years after close of the operation in accordance
with FRS No. N1-311-86-1, item 4C10b. Closeout occurs when the disaster
contract is terminated. Records pertaining to the IHP program will
retire to the Federal Records Center (FRC) one year after closeout and
destroyed three years after closeout.
System Manager and address:
Division Director, Individual Assistance Division, Federal
Emergency Management Agency, 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 the Headquarters or component's FOIA
Officer, whose contact information can be found at https://www.dhs.gov/foia under ``contacts.'' If an individual believes more than one
component maintains Privacy Act records concerning him or her the
individual may submit the request to the Chief Privacy Officer,
Department of Homeland Security, 245 Murray Drive, SW., Building 410,
STOP-0550, Washington, DC 20528.
When seeking records about yourself from this system of records or
any other Departmental 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,
Identify which component(s) of the Department you believe
may have the information about you,
Specify when you believe the records would have been
created,
Provide any other information that will help the FOIA
staff determine which DHS component agency may have responsive records,
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 component(s) may not be able
to conduct an effective search, and your request may be denied due to
lack of specificity or lack of compliance with applicable regulations.
Record access procedures:
See ``Notification procedure'' above.
Contesting record procedures:
See ``Notification procedure'' above.
Record source categories:
FEMA receives information from individuals who apply for disaster
recovery assistance through three different media: (1) Electronically
via the Internet at https://www.disasterassistance.gov; (2) by calling
FEMA's toll-free number 1-800-621-3362, and (3) through submission of a
paper copy of FEMA Form 90-69. In addition information in this records
system may come from credit rating bureaus, financial institutions,
insurance companies, State, local and voluntary agencies providing
disaster relief, and commercial databases (for verification purposes).
Exemptions claimed for the system:
None.
Dated: September 14, 2009.
Mary Ellen Callahan,
Chief Privacy Officer, Department of Homeland Security.
[FR Doc. E9-23015 Filed 9-23-09; 8:45 am]
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