Notice2022-02950
Privacy Act of 1974; System of Records
Primary source
Metadata and text below are from the Federal Register, a public-domain U.S. government work. Always verify the official published version before relying on it for any legal matter.
Published
February 10, 2022
Effective
March 14, 2022
Issuing agencies
Homeland Security Department
Abstract
In accordance with the Privacy Act of 1974, the U.S. Department of Homeland Security (DHS) proposes to modify an existing system of records titled, "DHS/Federal Emergency Management Agency (FEMA)-008 Disaster Recovery Assistance Files." This system of records describes DHS/FEMA's collection and maintenance of records on applicants for its Disaster Assistance programs that provide financial and other tangible assistance to survivors of presidentially declared disasters or emergencies. DHS/FEMA is modifying this system of records notice (SORN) to include: (1) Updating the system location; (2) clarifying the purpose of the SORN; (3) updating the categories of records; (4) updating the routine uses; (5) changing the retention and disposal schedule of records; and (6) updating record source categories. 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 DHS's inventory of record systems.
Full Text
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<title>Federal Register, Volume 87 Issue 28 (Thursday, February 10, 2022)</title>
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[Federal Register Volume 87, Number 28 (Thursday, February 10, 2022)]
[Notices]
[Pages 7852-7858]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2022-02950]
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DEPARTMENT OF HOMELAND SECURITY
[Docket No. FEMA-2022-0009]
Privacy Act of 1974; System of Records
AGENCY: Federal Emergency Management Agency, U.S. Department of
Homeland Security.
ACTION: Notice of a modified system of records.
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SUMMARY: In accordance with the Privacy Act of 1974, the U.S.
Department of Homeland Security (DHS) proposes to modify an existing
system of records titled, ``DHS/Federal Emergency Management Agency
(FEMA)-008 Disaster Recovery Assistance Files.'' This system of records
describes DHS/FEMA's collection and maintenance of records on
applicants for its Disaster Assistance programs that provide financial
and other tangible assistance to survivors of presidentially declared
disasters or emergencies. DHS/FEMA is modifying this system of records
notice (SORN) to include: (1) Updating the system location; (2)
clarifying the purpose of the SORN; (3) updating the categories of
records; (4) updating the routine uses; (5) changing the retention and
disposal schedule of records; and (6) updating record source
categories. 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 DHS's inventory of record
systems.
DATES: Submit comments on or before March 14, 2022. This modified
system will be effective upon publication. New and modified routine
uses will become effective March 14, 2022.
ADDRESSES: You may submit comments, identified by docket number FEMA-
2022-0009 by one of the following methods:
<bullet> Federal e-Rulemaking Portal: <a href="https://www.regulations.gov">https://www.regulations.gov</a>.
Follow the instructions for submitting comments.
<bullet> Fax: 202-343-4010.
<bullet> Mail: Lynn Parker Dupree, Chief Privacy Officer, Privacy
Office, U.S. Department of Homeland Security, Washington, DC 20528-
0655.
Instructions: All submissions received must include the agency name
and docket number FEMA-2022-0009. All comments received will be posted
without change to <a href="https://www.regulations.gov">https://www.regulations.gov</a>, including any personal
information provided.
Docket: For access to the docket to read background documents or
comments received, go to <a href="https://www.regulations.gov">https://www.regulations.gov</a>.
FOR FURTHER INFORMATION CONTACT: For general questions, please contact:
Tammi Hines, (202) 212-5100, <a href="/cdn-cgi/l/email-protection#5016151d117d002239263133291036353d317e3438237e373f26"><span class="__cf_email__" data-cfemail="6a2c2f272b473a18031c0b09132a0c0f070b440e0219440d051c">[email protected]</span></a>, Senior Director
for Information Management, Federal Emergency Management Agency, U.S.
Department of Homeland Security, Washington, DC 20528. For privacy
questions, please contact: Lynn Parker Dupree, (202) 343-1717,
<a href="/cdn-cgi/l/email-protection#10406279667173695078613e7478633e777f66"><span class="__cf_email__" data-cfemail="e1b1938897808298a18990cf858992cf868e97">[email protected]</span></a>, Chief Privacy Officer, Privacy Office, U.S.
Department of Homeland Security, Washington, DC 20528-0655.
SUPPLEMENTARY INFORMATION:
I. Background
In accordance with the Privacy Act, this modified system of records
notice is being published because the Federal Emergency Management
Agency (FEMA) collects, maintains, uses, retrieves, and disseminates
personally identifiable information of individuals who apply for FEMA
disaster assistance when a Presidential disaster declaration or
emergency has occurred or may be imminent. FEMA's applicant records
included in this system may contain income information, insurance
information, housing inspection reports, and correspondence notations
about various types of assistance, including information about appeals,
recovery of disaster assistance funds, and other related information.
The purpose of this system of records is to: Facilitate
registration for FEMA's disaster assistance programs; correspond with
applicants; verify Individuals and Households Program (IHP) Assistance
applicant information; determine the eligibility of applicants; and
focus, direct, and refer applicants to all sources of disaster
assistance. Additional purposes include: Preventing a duplication of
federal government efforts and benefits, identifying the misuse of
disaster assistance, identifying disaster assistance provided in error,
identifying and preventing possible fraudulent activity in anticipation
of or after a presidentially declared major disaster or emergency, and
assessing FEMA's disaster assistance programs for equality, equity, and
customer satisfaction. The information contained in this system may
also be used to identify and implement measures to reduce future
disaster damage. To accomplish these purposes, FEMA may maintain
investigative summary reports in this system of records to support the
recoupment, appeals, and oral hearing processes.
FEMA is updating the SORN to reflect the following changes. First,
the system location has been updated to broadly reflect the location of
the records at the FEMA Headquarters in Washington, DC, FEMA Regional
Offices, Joint Field Offices, National Processing Service Centers, and
Disaster Recovery Centers. In addition, electronic records stored in
the system are maintained at the FEMA Data Center at Bluemont,
Virginia, and at the DHS Data Center 2 in Clarksville, Virginia.
Second, the categories of records have been updated and consolidated in
favor of a more comprehensive list of data elements collected from
Individual Assistance applicants. The categories of records also
include investigative summary reports compiled through internal FEMA
investigations or other DHS/FEMA programs, as well as records of
assistance provided under the FEMA National Flood Insurance Program
(NFIP). These reports were added to further support FEMA actions during
the recoupment, appeals, and oral hearing processes in order to recover
disaster assistance funds, as mandated by the Stafford Act, 42 U.S.C.
5155, and 44 CFR secs. 206.116 and 206.191. The National Flood
Insurance Program records were added to prevent a duplication of
benefits between National Flood Insurance Program and the Group Flood
Insurance Policy provided under Other Needs Assistance (ONA). Third,
the purpose of the system is being updated to support FEMA efforts to
prevent fraud, waste, and abuse by verifying applicant account and
identity information and identifying assistance provided in error,
funds spent inappropriately by the applicant, or misuse of disaster
assistance. Fourth, FEMA is adding and modifying several routine uses.
Routine Use E is being modified and Routine Use F is being added to
conform to Office of Management and Budget Memorandum M-17-12 regarding
breach notification and investigation. Routine Use I is revised to
provide added clarity on how states and other entities involved in
emergency response efforts request FEMA information. Routine Use K is
added to permit verification of billing records as proof of disaster-
related expenses incurred. Routine Use M is modified to incorporate
information sharing with the Department of Treasury's Bureau of Fiscal
Services to verify applicant identity and account information as a
fraud prevention measure and for the Treasury's Do Not Pay Working
System, established
[[Page 7853]]
pursuant to Section 5 of the Improper Payments Elimination and Recovery
Improvement Act (IPERIA) of 2012, which determines federal eligibility
for disbursement of payments by checking death records, federal debt
records, and lists of sanctioned individuals. Routine Use P is revised
to include disclosure of information to the Oral Hearing Official.
Routine Use T is added to allow investigation summary reports, which
may contain third party personally identifiable information, to be
shared with the individual survivor involved in the recoupment,
appeals, and oral hearing processes. Routine Use U is added to reflect
the FEMA Administrator's statutory authority under 6 U.S.C. 728 to
disclose survivor data to a federal, state, local, territorial, or
tribal law enforcement agency in order to identify illegal conduct or
address public safety or security issues, including compliance with sex
offender notification laws, in the event of circumstances requiring an
evacuation, sheltering, or mass relocation. Routine Use V is added to
reflect disclosure of information for the safety of individuals in FEMA
temporary housing or sheltering during a declared public health
emergency. Routine Use W is added to reflect information sharing with
state, local, territorial, and tribal government and private entities
to verify applicant identity and account information as a fraud
prevention measure. Fifth, a National Archives and Records
Administration (NARA) authority retention schedule is added for
investigative summary reports. Finally, the record source categories
are updated to include the sources for the investigation summary
reports. Additionally, this notice includes non-substantive changes to
simplify the formatting and text of the previously published notice.
Consistent with DHS's information sharing mission, information
stored in the DHS/FEMA-008 Disaster Recovery Assistance Files System of
Records may be shared with other DHS components that have a need to
know the information to carry out their national security, law
enforcement, immigration, intelligence, or other homeland security
functions. In addition, DHS/FEMA may share information with appropriate
federal, state, local, tribal, territorial, foreign, or international
government agencies consistent with the routine uses set forth in this
system of records notice.
This modified system will be included in DHS's inventory of record
systems.
II. Privacy Act
The fair information practice principles found in the Privacy Act
underpin the 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, individuals are defined as U.S.
citizens and lawful permanent residents. Additionally, the Judicial
Redress Act (JRA) provides covered persons with a statutory right to
make requests for access and amendment to covered records, as defined
by the Judicial Redress Act, along with judicial review for denials of
such requests. In addition, the Judicial Redress Act prohibits
disclosures of covered records, except as otherwise permitted by the
Privacy Act.
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 and to
Congress.
SYSTEM NAME AND NUMBER:
Department of Homeland Security (DHS)/Federal Emergency Management
Agency (FEMA)-008 Disaster Recovery Assistance Files System of Records.
SECURITY CLASSIFICATION:
Unclassified.
SYSTEM LOCATION:
Records are maintained at the FEMA Headquarters in Washington, DC;
FEMA Regional Offices; Joint Field Offices; National Processing Service
Centers; Disaster Recovery Centers; and the DHS/FEMA data centers
located in Bluemont, Virginia, and Clarksville, Virginia.
SYSTEM MANAGER(S):
Division Director, Individual Assistance Division, (202) 646-3642,
<a href="/cdn-cgi/l/email-protection#7610131b171e071f1710041918021910101f15133610131b1758121e0558111900"><span class="__cf_email__" data-cfemail="b8deddd5d9d0c9d1d9decad7d6ccd7deded1dbddf8deddd5d996dcd0cb96dfd7ce">[email protected]</span></a>, Federal Emergency Management Agency,
500 C Street SW, Washington, DC 20472.
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. secs.
5121-5207); 6 U.S.C. secs. 728, 776, 777, and 795; the Debt Collection
Improvement Act of 1996, 31 U.S.C. secs. 3325(d) and 7701(c)(1); the
Government Performance and Results Act, Public Law 103-62, as amended;
Executive Order 13411; and Executive Order 12862.
PURPOSE(S) OF THE SYSTEM:
The purpose of this system is to register applicants seeking
disaster assistance from FEMA both after a Presidential disaster
declaration or emergency and when a declaration may be imminent, but
not yet declared; to verify Individuals and Households Program
applicant information; determine eligibility of applicants; to
correspond with, focus, direct, and refer applicants to available
sources of disaster assistance; and to inspect damaged property.
Additional purposes include: To identify and implement measures to
reduce future disaster damage; to prevent or correct a duplication of
federal government efforts and benefits; to identify possible
fraudulent activity after a presidentially declared disaster or
emergency; to identify assistance provided in error, funds spent
inappropriately by the applicant, or misuse of disaster assistance; and
to assess the customer satisfaction of FEMA disaster assistance
applicants.
CATEGORIES OF INDIVIDUALS COVERED BY THE SYSTEM:
All individuals and their household members 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
self-certify as a U.S. citizen, non-citizen national, or qualified non-
citizen to meet the eligibility requirements for Individuals and
Households Program Assistance). Individuals also include those who
apply for or express interest in non-FEMA assistance programs in order
to facilitate a duplication of benefits check or determination of unmet
needs.
CATEGORIES OF RECORDS IN THE SYSTEM:
(a) Registration and Assistance Records
<bullet> Disaster number;
<bullet> FEMA Registration ID/Occupant ID;
<bullet> Applicant/co-applicant information:
[cir] Full name;
[cir] Social Security number or A-number;
[cir] Citizenship status;
[cir] Signature;
[cir] Date of birth;
[[Page 7854]]
[cir] Phone numbers;
[cir] Email addresses;
[cir] Mailing addresses;
[cir] Position title and number of years;
[cir] Employer name;
[cir] Language(s) spoken;
[cir] Number of dependents claimed;
[cir] User ID;
[cir] Password; and
[cir] Personal Identification Number (PIN).
<bullet> Witness name and signature;
<bullet> Damaged dwelling:
[cir] Addresses of the damaged dwelling and the applicant's current
location (if other than the damaged dwelling);
[cir] County;
[cir] Geospatial location of dwelling;
[cir] Phone numbers; and
[cir] Information related to residence (accessibility, type, own/
rent, damage sustained).
<bullet> Disaster-related expenses;
<bullet> Emergency needs (e.g., food, clothing, shelter);
<bullet> Disability-related needs and accommodations (e.g., sign
language interpreter, Assistive Listening Device, braille, wheelchair
access, mobility, mental, hearing, vision, other needs and
accommodations);
<bullet> Occupant and household information (for all occupants at
the time of disaster):
[cir] Name (first name, middle initial, last name);
[cir] Age;
[cir] Relationship to applicant;
[cir] Dependent? (Yes/No);
[cir] Sex;
[cir] Pre- and post-disaster income information of occupants 18
years of age or older; and
[cir] Tribal Membership Status (if applicable).
<bullet> Business damage:
[cir] Self-employment is primary income? (Yes/No); and
[cir] Business or rental property affected? (Yes/No).
<bullet> Authorization for electronic funds transfer of benefits:
[cir] Institution name;
[cir] Account type; and
[cir] Account number and routing number.
<bullet> Comments and correspondence from the applicant;
<bullet> Supporting documents that show proof of occupancy or
ownership of a dwelling and/or verify identity. This includes but is
not limited to:
[cir] Driver's license;
[cir] State/Federal issued photo identification;
[cir] Mortgage payment receipts;
[cir] Real property insurance;
[cir] Tax receipts or property tax bill;
[cir] Property title;
[cir] Contract for deed;
[cir] Voter registration card;
[cir] Death certificate and will; and/or
[cir] Maintenance receipts.
<bullet> Public records information for identity verification;
<bullet> Pre-registration questionnaire information;
<bullet> Disaster loan status (i.e., rejected, approved, declined,
verified, cancelled);
<bullet> Travel and accommodations related information (e.g.,
flight information, travel assistance needs, companion information);
<bullet> Information related to determining eligibility for
assistance, including date of the disaster, application status,
insurance information, types and amount of damage to the dwelling,
supporting documentation (e.g., death certificates, invoices, receipts,
and documentation to support accommodations or access and functional
need requests and repairs) and results of the home inspection
(including inspector's notes and determination);
<bullet> Landowner's or landlord's information (in cases where FEMA
is placing a manufactured housing unit on the individual's land or for
other temporary housing assistance):
[cir] Name;
[cir] Address;
[cir] Phone number; and
[cir] Signature.
<bullet> Correspondence and documentation related to determining
eligibility and appropriate housing unit size, type, and location for
temporary housing assistance, including general correspondence;
complaints; requests for disbursement of payments; inquiries from
tenants and landlords; information related to household access and
functional needs; 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 revocation or denial
of aid; sales information related to occupant purchase of housing
units; and the status or disposition of housing applications;
<bullet> Recoupment, appeals and/or arbitration (oral hearings) of
such determinations;
<bullet> Notice of Potential Debt Letter;
<bullet> Notations and reports of decisions for disaster or similar
financial awards and assistance from other FEMA Programs, federal and
state agencies, insurance companies, employers, banks, financial,
power/utility companies, health care providers, safety/rescue services,
and public or private entities as they relate to determinations of
applicants' eligibility for Individuals and Households Program disaster
assistance; and
<bullet> Unsolicited information concerning an individual's
suspected or actual exposure to illness during a public health
emergency, including, but not limited to quarantine or isolation
orders.
(b) Inspection Reports:
<bullet> Inspection reports contain applicants' personally
identifiable information (as outlined above) and results of assessments
of damaged real property; personal property; and goods, which may
include: descriptions and photographic images of an applicant's home
and personal items; video and/or audio of the inspection conducted on
the home; and notations of cleaning, sanitizing, and debris removal by
contractors and partnering agencies. Inspection reports may also
include Inspector ID.
(d) Assistance from Other Sources:
<bullet> Other files independently kept by the state, territory,
tribe, local government, voluntary agency, or other source of
assistance that contain records of persons who request disaster aid,
including for the ``Other Needs'' assistance provision of the
Individuals and Households Program administrative files and reports
required by FEMA. The states, territories, tribes, local governments,
voluntary agencies, and other sources of assistance keep the same type
of information about individuals as described above under registration,
inspection, and temporary housing assistance records.
<bullet> Records of assistance from the FEMA National Flood
Insurance Program to avoid duplication of benefits (name, address,
disaster assistance coverage required code, policy number, policy
number, policy effective date, policy coverage building, policy
coverage contents, new policy date, and expiration date).
(f) Customer service survey responses
<bullet> Demographic information (race, ethnicity, religion,
gender, sex, nationality, age, disability, English proficiency,
economic status, income level, marital status); and
<bullet> Responses to customer service and customer satisfaction
survey questions.
(g) Investigation results that may contain the name and address of
the applicants to support recoupment, appeals, oral hearings, or other
legal proceedings in order to recover disaster assistance.
[[Page 7855]]
RECORD SOURCE CATEGORIES:
FEMA receives information from individuals who apply for disaster
assistance through three different media: (1) Electronically via the
internet at <a href="https://www.disasterassistance.gov">https://www.disasterassistance.gov</a> (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. In addition,
information in this system of records derives from Temporary Housing
Assistance Eligibility Determinations (FEMA Forms 009-0-5 and 009-0-6),
Application for Continued Temporary Housing Assistance (FEMA Form 010-
0-12), and Housing Inspections (FEMA Forms 009-0-143, 009-0-144, and
009-0-145). Information may also come from FEMA inspectors; financial
institutions; insurance companies; other federal, state, territorial,
local, tribal, and voluntary agencies; and commercial databases (for
verification purposes). The final investigative summary report is
stored in this system of records in the event that an applicant's file
is investigated for fraud.
ROUTINE USES OF RECORDS MAINTAINED IN THE SYSTEM, INCLUDING CATEGORIES
OF USERS AND 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:
A. To the Department of Justice (DOJ), including the U.S. Attorneys
Offices, or other federal agencies conducting litigation or 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 or former employee of DHS in his/her official
capacity;
3. Any employee or former employee of DHS in his/her individual
capacity, only when DOJ or DHS has agreed to represent the employee; or
4. The United States 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 or General
Services Administration pursuant to records management inspections
being conducted under the authority of 44 U.S.C. secs. 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 there has been a breach of the system of
records; (2) DHS has determined that as a result of the suspected or
confirmed breach there is a risk of harm to individuals, DHS (including
its information systems, programs, and operations), the federal
government, or national security; 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
breach or to prevent, minimize, or remedy such harm.
F. To another federal agency or federal entity when DHS determines
that information from this system of records is reasonably necessary to
assist the recipient agency or entity in (1) responding to a suspected
or confirmed breach or (2) preventing, minimizing, or remedying the
risk of harm to individuals, the recipient agency or entity (including
its information systems, programs, and operations), the federal
government, or national security, resulting from a suspected or
confirmed breach.
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 making the
disclosure.
H. 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/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 requirements and limitations on disclosure as are applicable
to DHS/FEMA officers and employees.
I. To certain government, private sector, voluntary entities,
hospitals, and utility companies when disclosure of applicant
information is 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 above-mentioned entities must
have a disaster assistance program to address the unmet disaster-
related needs of disaster survivors or be actively involved in the
recovery efforts of the disaster, or a related assistance program
involving FEMA applicants. The receiving entity is not permitted to
alter or to further disclose the information to other disaster
organizations or third parties, without express, prior written approval
from FEMA, or as required by law.
FEMA may make Routine Use I disclosures under the following
circumstances:
1. To federal entities with programs that make available disaster
assistance to individuals and households, administer a disaster-related
program, 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. FEMA-authorized
agreements address the federal entity sharing of information from FEMA
with its contractors/grantees, and/or agents that are administering a
disaster related program on behalf of the federal entity (e.g., other
state, tribal, and local agencies working under the guise of the
requesting federal entity). FEMA may also share with other federal
entities for the purpose of contacting FEMA Individuals and Households
Program 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.
2. To state, tribal, and territorial agency (STT) 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/or to
prevent a duplication of efforts or benefits. State, tribal, and
territorial agencies may request and receive information using the
protocols established in an appropriate FEMA-authorized agreement.
FEMA-authorized agreements address the state, tribal, and
[[Page 7856]]
territorial agency sharing of information from FEMA with its
contractors/grantees, and/or agents that are administering a disaster
related program on behalf of the Agency (e.g., other state, tribal, and
territorial agencies working under the guise of the requesting state
agency). FEMA may also share with state, tribal, and territorial
entities for the purpose of contacting FEMA Individuals and Households
Program 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.
3. To local government entities, including towns, counties/
parishes, cities, townships, and locally governed subdivisions
(Localities) with disaster assistance programs to address the unmet
disaster-related needs of disaster survivors for a declared county
charged through legislation or chartered with administering disaster
relief/assistance programs. The Locality must be actively involved in
the recovery efforts of the disaster. Localities may request data by
submitting a written request to FEMA. The written request from the
entity shall explain the type of tangible assistance being offered, the
type of verification required, and, if applicable, the individuals for
whom verification is required before the assistance can be provided.
FEMA may also share with Localities for the purpose of contacting FEMA
Individuals and Households Program applicants to seek their voluntary
participation in surveys or studies concerning effects of disasters,
program effectiveness, and community preparedness and resiliency for
future disasters. Localities 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 Locality
according to a FEMA-authorized agreement.
4. Voluntary Organizations Active in Disaster (VOAD) (as defined in
44 CFR 206.2(a)(27)), and FEMA- and/or State-recognized Long Term
Recovery Committees (LTRC) and their members with disaster assistance
programs to address the unmet disaster-related needs of disaster
survivors for a declared county charged through legislation or
chartered with administering disaster relief/assistance programs. The
voluntary organization must either have a national membership in good
standing with the National Voluntary Organizations Active in Disaster
association, be a Long Term Recovery Committee, or member of such
committee for that disaster. The entity shall make a written request to
either FEMA or a State agency for FEMA disaster applicant information.
The written request from the entity shall explain the type of tangible
assistance being offered, the type of verification required, and, if
applicable, the individuals for whom verification is required before
the assistance can be provided. The Voluntary Organization Active in
Disaster must also 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. Voluntary
Organizations Active in Disaster and Long Term Recovery Committees may
share information they receive from FEMA with their contractors/
grantees, and/or agents that are administering a disaster related
program on their behalf according to a FEMA-authorized agreement.
5. To utility companies and hospitals (UC/H) that have a disaster
assistance program to address the unmet disaster-related needs of
disaster survivors and are actively involved in the recovery efforts of
the disaster. FEMA may disclose lists of applicant names, contact
information, their FEMA verified 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)).
6. FEMA may immediately disclose, on a case-by-case basis, to an
entity qualified under Routine Use (I)(4) or (I)(5) or to other
organizations that loan or donate new or used durable medical equipment
and assistive technology, information about applicants in need of such
equipment or technology. The applicant in question must have an
immediate need for durable medical equipment or assistive technology as
a result of a declared disaster, and the qualifying entity is able to
provide the requested assistance in question. An immediate need is a
need 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 to 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 applicant's temporary or current
residence).
J. To federal, state, tribal, territorial, 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 Individuals
and Households Program 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). 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.
K. To contractors, medical providers, dental providers, landlords,
mechanics, child care providers, or other private entities, when cited
by applicants as proof of an expense, to verify the accuracy of an
expense for FEMA's Individuals and Households Program. FEMA may
disclose the applicant's name and limited contact information
(telephone number, current address, and/or damaged dwelling address)
and a record identifier (e.g., account, invoice or estimate numbers) to
the third-party service provider.
L. To federal, state, tribal, territorial, 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, territorial, 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, territorial, or local hazard mitigation programs.
2. For enforcement purposes, to enable federal, state, tribal,
territorial, or local government agencies ensure that owners repair or
rebuild structures in conformity with applicable hazard-specific
building codes, standards, and ordinances.
[[Page 7857]]
M. To the Department of the Treasury, to verify identity and
account information of an applicant as well as to determine eligibility
for final payment from federal programs (e.g., Do Not Pay program). 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 Individuals and Households
Program.
N. To a state, local, territorial, or tribal government agency in
connection with billing that state, local, territorial, or tribal
government for the applicable non-federal cost share under the
Individuals and Households Program. Information shared shall only
include applicants' names, contact information, and amounts of
assistance received.
O. To state, tribal, territorial, 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.
P. To the Department of the Treasury, Department of Justice, the
U.S. Attorney's Office, an Oral Hearing Official, or other third party
for further collection action on any delinquent debt when circumstances
warrant.
Q. To federal, state, territorial, tribal, or local law enforcement
authorities, or agencies, or other entities authorized to investigate
and/or coordinate locating missing children and/or reuniting families.
R. To state, tribal, territorial, 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 from their voting jurisdiction by
a presidentially declared major disaster or emergency out of their
voting jurisdiction.
S. To other federal, state, or local government agencies under
approved computer-matching programs for the purposes articulated in
subsection (a)(8)(A) of the Privacy Act.
T. To the individual applicants, of whom the record contains third
party personally identifiable information, to defend themselves during
appeals and Oral Hearings on the recoupment of disaster assistance
funds.
U. To any law enforcement agency of the federal government or a
state, local, territorial, or tribal government in order to identify
illegal conduct or address public safety or security issues, including
compliance with sex offender notification laws, in the event of
circumstances requiring an evacuation, sheltering, or mass relocation.
V. To entities providing temporary housing or sheltering to
disaster survivors during a declared public health emergency to provide
indication that a survivor with an infectious disease is inhabiting or
has inhabited a specific location, when necessary for the safety of
individuals located in the facility and to comply with additional
necessary infectious disease protocols.
W. To state, local, territorial, and tribal government and private
entities to verify applicant identity and account information as a
fraud prevention measure.
X. 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, when
disclosure is necessary to preserve confidence in the integrity of DHS,
or when disclosure is necessary to demonstrate the accountability of
DHS's officers, employees, or individuals covered by the system, except
to the extent the Chief Privacy Officer determines that release of the
specific information in the context of a particular case would
constitute a clearly unwarranted invasion of personal privacy.
POLICIES AND PRACTICES FOR STORAGE OF RECORDS:
DHS/FEMA stores records in this system electronically or on paper
in secure facilities in a locked drawer behind a locked door. The
records may be stored on magnetic disc, tape, and digital/electronic
media.
POLICIES AND PRACTICES FOR RETRIEVAL OF RECORDS:
DHS/FEMA may retrieve records by an individual's name, address,
Social Security number, or case file number.
POLICIES AND PRACTICES FOR RETENTION AND DISPOSAL OF RECORDS:
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 National Archives and Records Administration Authority
N1-311-86-1, DAP 8-1, item 4C10a. Records pertaining to temporary
housing will be destroyed three years after close of the operation in
accordance with National Archives and Records Administration Authority
N1-311-86-1, DAP 8-2, item 4C10b. Closeout of a disaster operation
occurs when the disaster contract is terminated. Records pertaining to
the Individuals and Households Program program will retire to the
Federal Records Center (FRC) one year after closeout and be destroyed
three years after closeout in accordance with National Archives and
Records Administration Authority N1-311-86-1, item 4C6c. Records
pertaining to individual assistance customer satisfaction assessments
are stored in accordance with National Archives and Records
Administration Authority N1-311-00-01. Records pertaining to
investigations are retired to inactive storage when two years old, and
destroyed when six years, three months old in accordance with National
Archives and Records Administration Authority N1-311-86-001, item
4C10a. 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 National
Archives and Records Administration Authority N1-311-00-01, DAP-14-1.
The statistical and analytical reports resulting from these assessments
are temporary records that are retired three years after the final
report cutoff and destroyed 20 years after the report cutoff, per
National Archives and Records Administration Authority N1-311-00-01,
DAP-14-2. The assessment results database are temporary records that
are destroyed when no longer needed for analysis purposes, per National
Archives and Records Administration Authority N1-311-00-01, DAP-14-3.
Per current National Archives and Records Administration guidance,
records pertaining to COVID-19 will be maintained permanently until
further guidance regarding the retention of COVID-19 records is
provided.
ADMINISTRATIVE, TECHNICAL, AND PHYSICAL SAFEGUARDS:
DHS/FEMA safeguards the records in this system in accordance with
applicable rules and policies, including all applicable DHS automated
systems security and access policies. FEMA has imposed strict controls
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
the appropriate clearances or permissions.
[[Page 7858]]
RECORD ACCESS PROCEDURES:
Individuals applying for Individuals and Households Program
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 FEMA National Processing Service Center
(NPSC) representative to access their information by providing their
registration ID, full name, damaged dwelling address, current mailing
address (if different), current phone number, and the last four digits
of their Social Security number.
In addition, individuals seeking access to and notification of any
record contained in this system of records, or seeking to contest its
content, may submit a request in writing to the Chief Privacy Officer
and the FEMA Freedom of Information Act (FOIA) Officer, whose contact
information can be found at <a href="https://www.dhs.gov/foia">https://www.dhs.gov/foia</a> under ``Contact
Information.'' 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 and Chief Freedom of
Information Act Officer, Department of Homeland Security, Washington,
DC 20528-0655. Even if neither the Privacy Act nor the Judicial Redress
Act provide a right of access, certain records may be available under
the Freedom of Information Act.
When an individual is seeking records about himself or herself from
this system of records or any other FEMA system of records, the
individual's request must conform with the Privacy Act regulations set
forth in 6 CFR part 5. The individual must first verify his or her
identity, meaning that the individual must provide his or her full
name, current address, and date and place of birth. The individual must
sign the request, and the individual's 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. In addition, the individual should:
<bullet> Explain why he or she believes the Department would have
the information being requested;
<bullet> Identify which component(s) of the Department he or she
believes may have the information;
<bullet> Specify when he or she believes the records would have
been created; and
<bullet> Provide any other information that will help the DHS staff
determine which DHS component agency may have responsive records;
If the request is seeking records pertaining to another living
individual, the request must include an authorization from the
individual whose record is being requested, authorizing the release to
the requester.
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.
CONTESTING RECORD PROCEDURES:
For records covered by the Privacy Act or covered Judicial Redress
Act records, individuals may make a request for amendment or correction
of a record of the Department about the individual by writing directly
to the Department component that maintains the record, unless the
record is not subject to amendment or correction. The request should
identify each particular record in question, state the amendment or
correction desired, and state why the individual believes that the
record is not accurate, relevant, timely, or complete. The individual
may submit any documentation that would be helpful. If the individual
believes that the same record is in more than one system of records,
the request should state that and be addressed to each component that
maintains a system of records containing the record.
NOTIFICATION PROCEDURES:
See ``Record Access Procedures.''
EXEMPTIONS PROMULGATED FOR THE SYSTEM:
None.
HISTORY:
78 FR 25282 (April 30, 2013); 74 FR 48763 (September 24, 2009); 71
FR 38408 (July 6, 2006); 69 FR 65615 (November 15, 2004); 66 FR 51436
(October 9, 2001); 64 FR 40596 (July 27, 1999); 61 FR 49777 (September
23, 1996).
* * * * *
Lynn P. Dupree,
Chief Privacy Officer, U.S. Department of Homeland Security.
[FR Doc. 2022-02950 Filed 2-9-22; 8:45 am]
BILLING CODE 9110-17-P
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</html>Indexed from Federal Register on February 10, 2022.
This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.