SORN-DHS 008 Disaster Recovery Assistance

SORN-DHS 008 Disaster Recovery Assistance Files System of Records 4-30-2013.docx

Federal Emergency Management Agency (FEMA) Individual Assistance Customer Satisfaction Surveys

SORN-DHS 008 Disaster Recovery Assistance

OMB: 1660-0036

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[Federal Register Volume 78, Number 83 (Tuesday, April 30, 2013)]

[Notices]

[Pages 25282-25288]

From the Federal Register Online via the Government Printing Office [www.gpo.gov]

[FR Doc No: 2013-10173]



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DEPARTMENT OF HOMELAND SECURITY


Office of the Secretary


[Docket No. DHS-2013-0029]



Privacy Act of 1974; Department of Homeland Security Federal

Emergency Management Agency--008 Disaster Recovery Assistance Files

System of Records


AGENCY: Privacy Office, Department of Homeland Security.


ACTION: Notice of Privacy Act System of Records.


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SUMMARY: In accordance with the Privacy Act of 1974, the Department of

Homeland Security proposes to update and reissue a current Department

of Homeland Security system of records titled, ``Department of Homeland

Security/Federal Emergency Management Agency--008 Disaster Recovery

Assistance Files System of Records.'' This system of records allows the

Department of Homeland Security/Federal Emergency Management Agency to

collect and maintain records on applicants for its Disaster Assistance

programs that provide financial and other tangible assistance to

survivors of Presidentially-declared disasters. As a


[[Page 25283]]


result of a biennial review of this system, this system of records

notice has been updated as follows: Legal authorities have been added

to account for all assistance that applicants may be eligible for and

receive from FEMA; categories of records and record source categories

reference and reflect new FEMA form numbers and account for all

relevant records of assistance received from FEMA and other entities;

categories of individuals more accurately reflect the individuals

covered by the various programs covered by this system and explain

that, although anyone may apply for the Individuals and Households

Program (IHP) assistance, there are citizenship requirements tied to

IHP eligibility; the purpose has been clarified to include other

assistance programs in addition to IHP and to also include customer

satisfaction assessments; routine uses have been revised to name tribal

government agencies as potential recipients to comport with section

1110 of the Sandy Recovery Improvement Act of 2013 (Pub. L. 113-2);

ensure recipients of information are identified in a consistent manner;

expand the universe of potential recipients identified in current

routine uses; incorporate congressionally mandated routine uses per 42

U.S.C. 5714(f)(2) as to sharing information with the States; and to

delete the requirement that all routine use requests be made in

writing; changes have been made to the retention and disposal of the

records; and the record source categories have been updated to reflect

housing forms not previously listed.

Additionally, this notice includes non-substantive changes to

simplify the formatting and text of the previously published notice.

This updated system will be included in the Department of Homeland

Security's inventory of record systems.


DATES: Submit comments on or before May 30, 2013. This updated system

will be effective May 30, 2013.


ADDRESSES: You may submit comments, identified by docket number DHS-

2013-0029 by one of the following methods:

Federal e-Rulemaking Portal: http://www.regulations.gov.

Follow the instructions for submitting comments.

Fax: 202-343-4010.

Mail: Jonathan R. Cantor, Acting 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 to http://www.regulations.gov, including any

personal information provided.

Docket: For access to the docket to read background documents or

comments received, please visit http://www.regulations.gov.


FOR FURTHER INFORMATION CONTACT: For general questions, please contact:

Eric M. Leckey, 202-212-5100, Privacy Officer, Federal Emergency

Management Agency, Department of Homeland Security, Washington, DC

20528. For privacy questions, please contact: Jonathan R. Cantor, 202-

343-1717, Acting Chief Privacy Officer, Privacy Office, Department of

Homeland Security, Washington, DC 20528.


SUPPLEMENTARY INFORMATION:


I. Background


In accordance with the Privacy Act of 1974, 5 U.S.C. 552a, the

Department of Homeland Security (DHS)/Federal Emergency Management

Agency (FEMA) proposes to update and reissue an existing system of

records entitled, ``DHS/FEMA--008 Disaster Recovery Assistance Files

System of Records,'' 74 FR 48763 (September 24, 2009).

This system of records notice is being published because FEMA

collects, maintains, uses, retrieves, and disseminates the personally

identifiable information (PII) of individuals who apply for FEMA

disaster assistance in the aftermath of a Presidentially-declared

disaster. FEMA's applicant records included in this system may contain

income information, insurance information, housing inspection reports,

and correspondence notations about the various types of assistance,

including information about appeals, and other information.

The purpose of this system of records is to facilitate registration

for FEMA's disaster assistance programs, to verify IHP applicant

information, determine eligibility of the applicants, and to focus,

direct, refer, and correspond applicants to all sources of disaster

assistance. Additional purposes include identifying and implementing

measures to reduce future disaster damage, preventing a duplication of

federal government efforts and benefits, and identifying possible

fraudulent activity after a Presidentially-declared disaster or

emergency. Finally, information from this system of records may be used

to facilitate FEMA's efforts to assess the customer service it provides

to those receiving FEMA assistance.

FEMA collects, uses, maintains, retrieves, and disseminates the

records within this system under the authority of the Robert T.

Stafford Disaster Relief and Emergency Assistance Act (the Stafford

Act), Pub. L. No. 93-288, as amended (42 U.S.C. 5121-5207); 6 U.S.C.

776-77, and 795; the Debt Collection Improvement Act of 1996, 31 U.S.C.

3325(d) and 7701(c)(1); the Government Performance and Results Act,

Pub. L. No. 103-62, as amended; Reorganization Plan No. 3 of 1978;

Executive Order 13411, ``Improving Assistance for Disaster Victims,''

dated August 29, 2006; and Executive Order 12862 ``Setting Customer

Service Standards,'' dated September 11, 2003, as described in this

notice.

This updated system of records provides greater transparency by

encompassing all of FEMA's disaster assistance records, including those

records related to IHP, as well as the customer service survey

assessments within a single system of records.

This system of records notice is being published pursuant to the

biennial review requirement under the Privacy Act of 1974. Specific

updates are described below:

First, FEMA is expanding the purpose of the system to account for

all FEMA assistance that applicants may be eligible to receive, not

just IHP records, and to explicitly include customer satisfaction

assessments. This change is necessary to account for records of various

FEMA assistance programs that individuals may receive within this

system of records. Second, the categories of records have been updated

to reflect the discontinuation of FEMA's Other Needs Assistance forms

(specifically, forms numbered 76-27, 76-28, 76-30, 76-32, 76-34, 76-35,

76-38, and related forms). The accompanying approved collection (OMB

ICR No. 1660-0018) has also been retired to reflect FEMA's

discontinuation of these forms. The categories of records have been

further revised to include information that FEMA maintains about

disaster assistance applicants from other FEMA programs and third-

parties concerning financial payments that applicants received from

other sources for similar purposes. This is necessary to prevent a

duplication of benefits as mandated by the Stafford Act, 42 U.S.C.

5174, and 44 CFR 206.191, to better address situations in which a

private entity is wholly or partially responsible for a declared

disaster under the Stafford Act, 42 U.S.C. 5160, and to ensure that

applicants can receive assistance from additional and available

sources. In addition, the categories of records no longer refers to a

specific form entitled, ``Inspection Report FEMA Form 90-56.'' This has

been replaced with the more inclusive ``Inspection Reports'' to reflect


[[Page 25284]]


FEMA's current practice of using an electronic device narrative as

opposed to a paper form. Third, categories of individuals have been

updated to more accurately reflect the individuals covered by this

system and to explain that, although anyone may apply for and receive

certain types of disaster assistance, not everyone will be eligible.

For example, there is a citizenship requirement for IHP assistance and,

in addition, not all applicants may be able to complete the full

application initially for a variety of practical reasons. Fourth, the

legal authorities have been revised to include the Government

Performance and Results Act, Pub. Law No. 103-62, as amended; and

Executive Order 12862 ``Setting Customer Service Standards,'' as

additional authorities to augment the requirements of Executive Order

13411, ``Improving Assistance for Disaster Victims,'' related to its

customer satisfaction assessments. Fifth, this update reflects the

removal of the blanket requirement that all routine use requests be

made in writing and revises several of the system's routine uses and

added new routine uses as follows: Included a FEMA-state agreement as

an acceptable sharing vehicle and includes contractors and sub-grantees

that a state or federal agency may use to carry out programs in (H)(1);

added the term ``Long Term Recovery Committee'' as a recipient in

(H)(2); clarified that ``Long Term Recovery Committee'' is a recipient

under (H)(3) and added ``local government agency,'' ``utility

companies,'' and ``hospitals/health care providers'' as a recipients in

(H)(3); removed the term ``Disability Coordinator'' and added the term

``assistive technology'' in (H)(4); added (H)(5) to further the FEMA

Administrator's efforts to include and involve the private sector in

disaster management pursuant to 6 U.S.C. 313(b)(2); added (H)(6) to

facilitate the provision of medical equipment and assistive technology

to IHP applicants; added (H)(7) to allow for sharing with federal,

state, tribal, and local government agencies for purposes of performing

surveys and/or studies; added language to (I) to specify the

information that DHS/FEMA will share; and added ``phone number'' and

``number of household occupants'' in (M) to the information that will

be shared. Sixth, the retention and disposal section has been revised

to include the National Archives and Records Administration (NARA)

authority and the retention schedule information for FEMA's customer

satisfaction assessment records. Lastly, the record source categories

have been updated to reflect current FEMA form number 010-0-12 and to

include other housing forms not previously listed. FEMA has also made

non-substantive grammatical changes throughout this notice for

clarification purposes.

This updated system will be included in DHS's inventory of record

systems.


II. Privacy Act


The Privacy Act embodies fair information practice principles in a

statutory framework governing the means by which Federal Government

agencies collect, maintain, use, and disseminate 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 from 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 U.S. citizens and lawful

permanent residents. As a matter of policy, DHS extends administrative

Privacy Act protections to all individuals when systems of records

maintain information on U.S. citizens, lawful permanent residents, and

visitors.

Below is the description of the DHS/FEMA-008 Disaster Recovery

Assistance 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

Department of Homeland Security (DHS)/Federal Emergency Management

Agency (FEMA)-008


System name:

DHS/FEMA-008 Disaster Recovery Assistance Files System of Records.


Security classification:

Unclassified.


System location:

National Processing Service Centers (NPSC) located at FEMA MD-NPSC,

6511 America Boulevard, Hyattsville, MD 20782; FEMA VA-NPSC, 430 Market

Street, Winchester, VA 22603; and FEMA TX-NPSC, 3900 Karina Lane,

Denton, TX 76208. In addition, FEMA's Disaster Assistance Improvement

Program (DAIP), National Emergency Management Information System-

Individual Assistance (NEMIS-IA), and Enterprise Data Warehouse/

Operational Data Store (EDW/ODS) information technology systems may

contain these records.


Categories of individuals covered by the system:

All individuals who apply for or express interest in applying for

FEMA disaster assistance following a Presidentially-declared major

disaster or emergency. (Note: FEMA will accept applications from any

individual, however, an individual must be a United States citizen,

non-citizen national, or qualified alien to meet the eligibility

requirements for Individuals and Households Program assistance.)


Categories of records in the system:

(a) Registration Records (Disaster Assistance Pre-Registration

Intake Form, Disaster Assistance Registration/Application, FEMA Form(s)

009-0-1, 009-0-2, 009-0-1t, 009-0-1int, and 009-0-2int):

Individual applicant's full name;

Applicant's Social Security Number, alien registration

number, co-applicant's Social Security Number;

Date of birth;

Phone numbers;

Email addresses;

Addresses (damaged dwelling address and any other current

address if different than damaged dwelling address);

Geospatial location of dwelling;

Language(s) spoken;

Date of disaster and/or property loss including cause of

damage and estimates of repair;

Current location;

Name of each disaster (disaster number);

Income information;

Acceptable forms of identification (e.g., driver's

license, state/federal issued photo identification);

Emergency or other needs of the individual (e.g., food,

clothing, shelter, medical, dental, moving, storage, funeral,

functional);

Type of residence;

Insurance coverage information including insurance type

and insurance company name;

Household size and composition including number, age, and

dependent status;

Bank name and account information including electronic

funds transfer information; and

Right of entry to property consent and other written

consents.

(b) Inspection Reports:

Inspection reports contain applicants' personally

identifiable information (PII) and results of assessments of damaged

real and personal property and goods, which may include applicant homes

and personal items and notations of clearing of muck and debris by

contractors and partnering agencies.


[[Page 25285]]


(c) Temporary Housing Assistance Eligibility Determinations (FEMA

Forms 009-0-5, and 009-0-6) and Application for Continued Temporary

Housing Assistance (FEMA Form 010-0-12), Request for Site Inspection

(FEMA FORM 010-0-9), Landowners Ingress/Egress Agreement (FEMA FORM

010-0-10), as well as the following related information:

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 or

disposition of housing applications.

(d) Assistance from Other Sources:

Notations and reports of decisions for disaster or similar

financial awards and assistance from other FEMA Programs, federal and

state agencies, insurance companies, employer, bank, financial, power/

utility companies, health care providers, safety/rescue services, and

public or private entities as they relate to determinations of

applicants' eligibility for IHP programs disaster assistance;

Correspondence between the applicant and FEMA concerning

disaster assistance determinations and subsequent appeals and/or

arbitration of such determinations; and

Other files independently kept by the state that contain

records of persons who request disaster aid, specifically for the

``Other Needs'' assistance provision of the IHP 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.

(e) Declaration and Release Form (009-0-3, 009-0-4).

(f) Customer service survey responses.


Authority for maintenance of the system:

Robert T. Stafford Disaster Relief and Emergency Assistance Act

(the Stafford Act), Public Law 93-288, as amended (42 U.S.C. 5121-

5207); 6 U.S.C. 776-777, and 795; the Debt Collection Improvement Act

of 1996, 31 U.S.C. 3325(d) and 7701(c)(1); the Government Performance

and Results Act, Public Law 103-62, as amended; Executive Order 13411

``Improving Assistance to Disaster Victims,'' dated August 29, 2006;

and Executive Order 12862 ``Setting Customer Service Standards,'' dated

September 11, 2003.


Purpose(s):

To register applicants seeking disaster assistance from FEMA, to

verify IHP applicant information, determine eligibility of the

applicants, to focus, direct, refer, and correspond applicants to all

sources of disaster assistance, and to inspect damaged property.

Additional purposes include: to identify and implement measures to

reduce future disaster damage, to prevent a duplication of federal

government efforts and benefits, identify possible fraudulent activity

after a Presidentially-declared disaster or emergency, and to assess

the customer satisfaction of FEMA disaster assistance applicants.


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 or

information contained in this system may be disclosed outside DHS/FEMA

as a routine use pursuant to 5 U.S.C. 552a(b)(3) as follows upon

request unless noted otherwise:

A. To the Department of Justice (DOJ), including U.S. Attorney

Offices, or other federal agencies conducting litigation or in

proceedings before any court, adjudicative, or administrative body,

when it is relevant or 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 when DOJ or

DHS has agreed to represent the employee; or

4. the U.S. or any agency thereof.

B. To a congressional office from the record of an individual in

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 (NARA) or

General Services Administration pursuant to records management

inspections being conducted under the authority of 44 U.S.C. Sec. Sec.

2904 and 2906.

D. To an agency or organization 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. DHS has determined that as a result of the suspected or

confirmed compromise, there is a risk of identity theft or fraud, harm

to economic or property interests, harm to an individual, or harm to

the security or integrity of this system or other systems or programs

(whether maintained by DHS or another agency or entity) that rely upon

the compromised information; and

3. The disclosure made to such agencies, entities, and persons is

reasonably necessary to assist in connection with FEMA'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 FEMA, 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 FEMA 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, when 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 receiving the

information.

H. To certain government, private sector, and voluntary entities

when FEMA may disclose applicant information necessary to prevent a

duplication of efforts or a duplication of benefits in determining

eligibility for disaster assistance, and/or to address unmet needs of

eligible, ineligible, or partially eligible FEMA applicants. The

receiving entity is not permitted to alter or to further disclose the

information to other disaster organizations or outside third parties.

FEMA may make such disclosures under the following circumstances:


[[Page 25286]]


1. To other federal agencies, and agencies of states, tribal, and

local governments, including programs that make available any disaster

assistance to individuals and households and/or give preference of

priority to disaster applicants, including those that evacuate from a

declared state to another state and to prevent a duplication of efforts

or benefits. State agencies may request and receive information using

the protocols established in an appropriate FEMA-state agreement as

defined in 44 CFR 206.44. Federal and state government agencies may

share information they receive from FEMA with their contractors/

grantees, and/or agents that are administering a disaster related

program on behalf of the Agency (e.g., other state, tribal, and local

agencies working under the guise of the requesting state agency)

according to the same protocols and safeguards protecting the

information.

2. To local government agencies, voluntary organizations (as

defined in 44 CFR 206.2(a)(27)), and FEMA- and/or state- recognized

Long Term Recovery Committees (LTRC) and their members for a declared

county charged through legislation or chartered with administering

disaster relief/assistance programs. The written request from the

entity shall include the applicant's name, date of birth, FEMA

registration/application number, and damaged dwelling address (or

geospatial location of dwelling). The entity must explain the type of

tangible assistance being offered and the type of verification required

before the assistance can be provided.

3. To local government agencies, utility companies, hospitals/

health care providers, and voluntary organizations (as defined at 44

CFR 206.2(a)(27)). The voluntary organization must either have a

national membership in good standing with the National Voluntary

Organizations Active in Disaster (NVOAD), be a FEMA or state recognized

Long-Term Recovery Committee (LTRC), or member of such committee for

that disaster. The above-mentioned entities must have a disaster

assistance program to address the unmet disaster-related needs of

disaster survivors and be actively involved in the recovery efforts of

the disaster. FEMA may disclose to the above mentioned entities lists

of applicant names, contact information, their FEMA inspected loss

amount, amounts received, award category, and Small Business

Administration loan status for the purpose of providing additional

disaster assistance and/or addressing unmet needs. FEMA may disclose

the aforementioned data elements according to different sub-categories

of disaster applicants (e.g., those that received maximum amounts,

those that have flood insurance coverage, those with emergency needs,

or those over a certain age). FEMA shall release this information only

during the disaster period of assistance as defined in 44 CFR

206.110(e), plus 90 days to address any appeals (44 CFR 206.115(f)).

4. FEMA may immediately disclose, on a case by case basis, to an

entity qualified under Routine Use (H)(3), and to entities that loan or

donate new or reused durable medical equipment and assistive

technology, information about applicants in need of such equipment or

technology as a result of a declared disaster, if the applicant in

question has an immediate need for durable medical equipment or

assistive technology, and the qualifying entity is able to provide the

assistance in question. An immediate need is one that is of such

urgency or severity that one could reasonably expect the absence of the

durable medical equipment or assistive technology to place the health

of the applicant in serious jeopardy, to compromise the safety of the

applicant, or prevent the applicant from relocating from a shelter

facility to the next stage of recovery.

Specifically, FEMA may release the applicant's name and limited

contact information (telephone number, email address, and if being

delivered to a location other than a shelter, the current address and/

or geospatial location data). A written request is not necessary in

this situation; however, FEMA shall provide a written letter (or email)

along with the information to the receiving entity, and in turn the

receiving entity shall acknowledge receipt of message 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.

5. To a private sector entity/business for the purpose of

administering, coordinating, and/or providing tangible assistance to

the entity's employees who have applied for assistance to address their

disaster-related losses. The request from the private sector entity/

business must include its employees' names, dates of birth, damaged

dwelling addresses, and the types of tangible assistance the entity is

offering its employees. FEMA shall only release the contact information

of those applicants who are employed by the requesting entity. FEMA

shall release this information only during the disaster period of

assistance as defined in 44 CFR Sec. 206.110(e).

6. To organizations that are able to provide durable medical

equipment and assistive technology to applicants in need of such

devices as a result of a declared disaster. FEMA may disclose

applicants' name and contact information to include the current address

and phone number.

7. To federal, state, tribal, and local government agencies for the

purpose of contacting FEMA IHP applicants to seek their voluntary

participation in surveys or studies concerning effects of disasters,

program effectiveness, and to identify possible ways to improve

community preparedness and resiliency for future disasters.

I. To federal, state, tribal, or local government agencies;

voluntary organizations; insurance companies; employers; any public or

private entities; banks and financial institutions when an applicant's

eligibility, in whole or in part, for FEMA's IHP depends upon financial

benefits already received or available from that source for similar

purposes as necessary to determine benefits; and to prevent duplication

of disaster assistance benefits (as described in 42 U.S.C. 5155 of the

Stafford Act). FEMA initiates the transaction by only disclosing the

name, address, and date of birth of an applicant in order to properly

identify the same and obtain desired relevant information from entities

listed above.

J. To federal, state, tribal, or local government agencies charged

with the implementation of hazard mitigation measures and the

enforcement of hazard-specific provisions of building codes, standards,

and ordinances. FEMA will only disclose information for the following

purposes:

1. For hazard mitigation planning purposes, to assist federal,

state, tribal, or local government agencies in identifying high-risk

areas and preparing mitigation plans that target those areas for hazard

mitigation projects implemented under federal, state, tribal, or local

hazard mitigation programs.

2. For enforcement purposes, to enable federal, state, tribal, or

local government agencies, to ensure that owners repair or rebuild

structures in conformity 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),

as amended. An applicant's Social Security Number will be released in

connection with a request that the Department of the Treasury provide a

disaster assistance payment to an applicant under the IHP.


[[Page 25287]]


L. To a state, local, or tribal government agency in connection

with billing that state, local, or tribal government for the applicable

non-federal cost share under the IHP. Information shared shall only

include applicants' names, contact information, and amounts of

assistance received.

M. To state, tribal, or local government 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 applicants' phone numbers, address, and number of

household occupants of the housing unit.

N. To the Department of the Treasury, Department of Justice, the

United States Attorney's Office, or other third party for further

collection action on any delinquent debt when circumstances warrant.

O. To federal, state, tribal, or local law enforcement authorities,

or agencies, or other entities authorized to investigate and/or

coordinate locating missing children and/or reuniting families.

P. To state, tribal, or local government election agencies/

authorities that oversee the voting process within their respective

municipalities, for the purpose of ensuring voting rights of

individuals who have applied for FEMA assistance, limited to their own

respective citizens who are displaced by a Presidentially-declared

major disaster or emergency out of their voting jurisdiction.

Q. To certain federal, state, tribal, or local government agencies

to update the applicant's current records (e.g., change of address,

effective date of change of address) when that agency needs to update

contact information (e.g., the Social Security Administration, a State

Department of Motor Vehicles, or a State health agency).

R. To other federal, state, local, or tribal government agencies,

and voluntary organizations under approved computer matching efforts.

S. To the news media and the public, with the approval of the DHS

Chief Privacy Officer in consultation with the DHS General Counsel and

FEMA Chief Counsel when there is a legitimate public interest in the

disclosure of the information or when disclosure is necessary to inform

the public 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 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 electronically or on paper in

secure facilities in a locked drawer behind a locked door. The records

may be stored on magnetic disc, tape, digital/electronic media.


Retrievability:

Records may be retrieved by an individual's name, address, Social

Security Number, and case file number.


Safeguards:

FEMA safeguards the records in this system 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:

Records pertaining to disaster assistance will be placed in

inactive storage two years after FEMA receives the application and will

be destroyed when they are six years and three months old, in

accordance with NARA Authority N1-311-86-1, item 4C10a. Records

pertaining to temporary housing will be destroyed three years after

close of the operation in accordance with NARA Authority 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 be destroyed three

years after closeout. Records pertaining to individual assistance

customer satisfaction assessments are stored in accordance with NARA

Authority N1-311-00-1. The customer service assessment forms that have

been filled out and returned by disaster assistance applicants are

temporary records that are destroyed upon transmission of the final

report, per NARA Authority N1-311-00-1, item 1. The statistical and

analytical reports resulting from these assessments are temporary

records that are retired 3 years after the final report cutoff and

destroyed 20 years after the report cutoff, per NARA Authority N1-311-

00-1, item 2. The assessment results database are temporary records

that are destroyed when no longer needed for analysis purposes, per

NARA Authority N1-311-00-1, item 3.


System Manager and address:

Division Director, Individual Assistance Division, Federal

Emergency Management Agency, 500 C Street SW., Washington, DC 20472.


Notification procedure:

Individuals applying for IHP assistance may access their

information online via the Disaster Assistance Center using the user

ID, password, system generated PIN, and authentication that was

established during the application process. Applicants may also call a

NPSC representative to access their information by providing their

registration ID.

In addition, 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 FEMA Disclosure

Officer, 500 C Street SW., Washington, DC 20472. 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 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 Chief Privacy

Officer and Chief Freedom of Information Act Officer, http://www.dhs.gov/foia or 1-866-431-0486. In addition, you should:


[[Page 25288]]


Explain why you believe the Department would have information on

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; and

Provide any other information that will help the FOIA

staff determine which DHS component agency may have responsive records;

and

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 the above 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

assistance through three different media: (1) Electronically via the

Internet at http://www.disasterassistance.gov (FEMA Form 009-0-1 and

FEMA Form 009-0-2); (2) by calling FEMA's toll-free number 1-800-621-

3362 (FEMA Form 009-0-1t and FEMA Form 009-0-2t); and (3) through

submission of a paper copy of pre-registration intake, FEMA Form 009-0-

1 and its Spanish-language equivalent, FEMA Form 009-0-2, or via a pre-

registration intake form. In addition, information in this system of

records derives from Temporary Housing Assistance Eligibility

Determinations (FEMA Forms 009-0-5, and 009-0-6) and Application for

Continued Temporary Housing Assistance (FEMA Form 010-0-12), as well as

related information (FEMA Forms 009-0-5 and 009-0-6). Information may

also come from FEMA inspectors, financial institutions, insurance

companies, state, local, tribal, and voluntary agencies providing

disaster relief, and commercial databases (for verification purposes).


Exemptions claimed for the system:

None.


Dated: April 19, 2013.

Jonathan R. Cantor,

Acting Chief Privacy Officer, Department of Homeland Security.

[FR Doc. 2013-10173 Filed 4-29-13; 8:45 am]

BILLING CODE 9110-17-P





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