[Federal Register Volume 73, Number 245 (Friday, December 19, 2008)]
[Notices]
[Pages 77750-77753]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E8-29796]
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DEPARTMENT OF HOMELAND SECURITY
Office of the Secretary
[Docket No. DHS-2008-0126]
Privacy Act of 1974; Federal Emergency Management Agency-005
Temporary and Permanent Relocation and Personal and Real Property
Acquisitions and Relocation Files System of Records
AGENCY: Privacy Office; DHS.
ACTION: Notice of Privacy Act system of records.
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SUMMARY: In accordance with the Privacy Act of 1974 and as part of the
Department of Homeland Security's ongoing effort to review and update
legacy system of records notices, the Department of Homeland Security
is giving notice that it proposes to update and reissue the following
legacy record
[[Page 77751]]
system: FEMA/State and Local Programs and Support (SLPS)-6 Temporary
and Permanent Relocation and Personal and Real Property Acquisitions
and Relocation Files (September 7, 1990) as a Department of Homeland
Security system of records notice titled, Department of Homeland
Security Federal Emergency Management Agency--005 Temporary and
Permanent Relocation and Personal and Real Property Acquisitions and
Relocation Files. Categories of individuals, categories of records, and
the routine uses of this legacy system of records notice have been
reviewed updated to better reflect the Department of Homeland
Security's Federal Emergency Management Agency--005 Temporary and
Permanent Relocation and Personal and Real Property Acquisitions and
Relocation Files. This new system will be included in the Department of
Homeland Security's inventory of record systems.
DATES: Written comments must be submitted on or before January 20,
2009. This new system will be effective January 20, 2009.
ADDRESSES: You may submit comments, identified by docket number DHS-
2008-0126 by one of the following methods:
Federal e-Rulemaking Portal: http://www.regulations.gov.
Follow the instructions for submitting comments.
Fax: 1-866-466-5370.
Mail: Hugo Teufel III, Chief Privacy Officer, Privacy
Office, Department of Homeland Security, Washington, DC 20528.
Instructions: All submissions received must include the
agency name and docket number for this rulemaking. All comments
received will be posted without change and may be read at http://www.regulations.gov, including any personal information provided.
Docket: For access to the docket, to read background
documents, or comments received, go to http://www.regulations.gov.
FOR FURTHER INFORMATION CONTACT: For general questions please contact:
Federal Emergency Management Agency Privacy Officer, Federal Emergency
Management Agency. For privacy issues please contact: Hugo Teufel III
(703-235-0780), Chief Privacy Officer, Privacy Office, U.S. Department
of Homeland Security, Washington, DC 20528.
SUPPLEMENTARY INFORMATION:
I. Background
Pursuant to the savings clause in the Homeland Security Act of
2002, Public Law 107-296, Section 1512, 116 Stat. 2310 (November 25,
2002), the Department of Homeland Security (DHS)/Federal Emergency
Management Agency (FEMA) have relied on preexisting Privacy Act systems
of records notices for the collection and maintenance of records that
concern DHS/FEMA--005 Temporary and Permanent Relocation and Personal
and Real Property Acquisitions and Relocation Files.
As part of its efforts to streamline and consolidate its record
systems, DHS is updating and reissuing a system of records under the
Privacy Act (5 U.S.C. 552a) that deals with the DHS/FEMA--005 Temporary
and Permanent Relocation and Personal and Real Property Acquisitions
and Relocation Files. This record system will allow DHS/FEMA to collect
and maintain records regarding individual properties that qualify for
acquisition and/or relocation under the Comprehensive Environmental
Response Compensation Liability Act of 1980, as amended, and National
Flood Insurance Act as amended, 42 U.S.C. 4001. The collection and
maintenance of this information will assist DHS/FEMA in tracking
individual properties that qualify for acquisition and/or relocation
under these Acts.
In accordance with the Privacy Act of 1974 and as part of DHS's
ongoing effort to review and update legacy system of records notices,
DHS is giving notice that it proposes to update and reissue the
following legacy record system FEMA/SLPS-6 Temporary and Permanent
Relocation and Personal and Real Property Acquisitions and Relocation
Files (55 FR 37182 September 7, 1990) as a DHS system of records notice
titled DHS/FEMA--005 Temporary and Permanent Relocation and Personal
and Real Property Acquisitions and Relocation Files. DHS has reviewed
the categories of individuals and categories of records, and has
updated the routine uses of this legacy system of records notice to
better reflect DHS/FEMA--005 Temporary and Permanent Relocation and
Personal and Real Property Acquisitions and Relocation Files. This new
system will be included in DHS's inventory of record systems.
II. Privacy Act
The Privacy Act embodies fair information principles in a statutory
framework governing the means by which the United States Government
collects, maintains, uses, and disseminates individuals' records. The
Privacy Act applies to information that is maintained in a ``system of
records.'' A ``system of records'' is a group of any records under the
control of an agency for which information is retrieved by the name of
an individual or by some identifying number, symbol, or other
identifying particular assigned to the individual. In the Privacy Act,
an individual is defined to encompass United States citizens and lawful
permanent residents. As a matter of policy, DHS extends administrative
Privacy Act protections to all individuals where systems of records
maintain information on U.S. citizens, lawful permanent residents, and
visitors. Individuals may request access to their own records that are
maintained in a system of records in the possession or under the
control of DHS by complying with DHS Privacy Act regulations, 6 CFR
part 5.
The Privacy Act requires each agency to publish in the Federal
Register a description denoting the type and character of each system
of records that the agency maintains, and the routine uses that are
contained in each system in order to make agency record keeping
practices transparent, to notify individuals regarding the uses of
their records, and to assist individuals to more easily find such files
within the agency. Below is the description of the DHS/FEMA--005
Temporary and Permanent Relocation and Personal and Real Property
Acquisitions and Relocation Files System of Records.
In accordance with 5 U.S.C. 552a(r), DHS has provided a report of
this new system of records to the Office of Management and Budget and
to Congress.
System of Records: DHS/FEMA-005
System name:
Federal Emergency Management Agency--005 Temporary and Permanent
Relocation and Personal and Real Property Acquisitions and Relocation
Files.
Security classification:
Unclassified.
System location:
Records are maintained at the Federal Emergency Management Agency
Headquarters in Washington, DC and field offices.
Categories of individuals covered by the system:
Categories of individuals covered by this system include
individuals whose real property has been, or is being, acquired by DHS/
FEMA. Also included are individuals who have been, or are being,
relocated by DHS/FEMA.
[[Page 77752]]
Categories of records in the system:
Categories of records in this system include:
Individual's name;
Taxpayer identification number/social security number;
Amounts paid for purchase of property including records of
negotiations and offers;
Title search documentation including property titles,
title company correspondence, closing papers, tax records, and
contracts;
Loan interest payment information including mortgage
payment papers, loan documentation claims, and DHS/FEMA approvals;
Information for determining benefit amounts for real
property acquisition including tax records, mortgage information, and
divorce decrees;
Information concerning replacement housing determinations
including tax information, affidavits, and determinations;
Relocation claims payment information including documents
which verify that funds have been spent, deeds, contracts, building
estimates, construction bills, loan papers, leases, cancelled checks,
claim forms, and Decent, Safe and Sanitary Inspection Forms;
Deeds, contractual sale documents, notations of follow-up
actions, appraiser qualifications, rent supplement information,
insurance verifications, moving cost information, permanent relocation
questionnaires including background information on displaced persons,
and information supplied by displaced persons to support claims for
real property acquisition and relocation assistance. The temporary
relocation file may contain the following:
[cir] Applicant contact sheets;
[cir] Application for assistance;
[cir] Leases and/or reimbursement agreements and corresponding
housing inspection reports;
[cir] Requests for payment with supporting bills, receipts, etc.,
for relocation expenses and payment records to individuals and
businesses; and
[cir] Move-out records.
Authority for maintenance of the system:
Federal Records Act, 44 U.S.C. 3101; Comprehensive Environmental
Response Compensation Liability Act (CERCLA) of 1980, 42 U.S.C. 9601 et
seq.; Executive Order 12580; Uniform Relocation Assistance and Real
Property Acquisition Policies Act, 42 U.S.C. 4601 et seq.; National
Flood Insurance Act of 1968 and Flood Disaster Protection Act of 1973,
42 U.S.C. 4001, et seq. and Executive Order 9397.
Purpose(s):
The purpose of this system is to track individual properties that
qualify for acquisition and/or relocation under the Comprehensive
Environmental Response Compensation Liability Act of 1980, as amended,
and the National Flood Insurance Act, 42 U.S.C. 4001, as amended.
Routine uses of records maintained in the system, including categories
of users and the purposes of such uses:
In addition to those disclosures generally permitted under 5 U.S.C.
552a(b) of the Privacy Act, all or a portion of the records of
information contained in this system may be disclosed outside DHS as a
routine use pursuant to 5 U.S.C. 552a(b)(3) as follows:
A. To the Department of Justice or other Federal agency conducting
litigation or in proceedings before any court, adjudicative or
administrative body, when it is necessary to the litigation and one of
the following is a party to the litigation or has an interest in such
litigation:
1. DHS or any component thereof;
2. Any employee of DHS in his/her official capacity;
3. Any employee of DHS in his/her individual capacity where DOJ or
DHS has agreed to represent the employee; or
4. The United States or any agency thereof, is a party to the
litigation or has an interest in such litigation, and DHS determines
that the records are both relevant and necessary to the litigation and
the use of such records is compatible with the purpose for which DHS
collected the records.
B. To a congressional office from the record of an individual in
response to an inquiry from that congressional office made at the
request of the individual to whom the record pertains.
C. To the National Archives and Records Administration or other
Federal government agencies pursuant to records management inspections
being conducted under the authority of 44 U.S.C. 2904 and 2906.
D. To an agency, organization, or individual for the purpose of
performing audit or oversight operations as authorized by law, but only
such information as is necessary and relevant to such audit or
oversight function.
E. To appropriate agencies, entities, and persons when:
1. DHS suspects or has confirmed that the security or
confidentiality of information in the system of records has been
compromised;
2. The Department has determined that as a result of the suspected
or confirmed compromise there is a risk of harm to economic or property
interests, identity theft or fraud, or harm to the security or
integrity of this system or other systems or programs (whether
maintained by DHS or another agency or entity) or harm to the
individual who relies upon the compromised information; and
3. The disclosure made to such agencies, entities, and persons is
reasonably necessary to assist in connection with DHS's efforts to
respond to the suspected or confirmed compromise and prevent, minimize,
or remedy such harm.
F. To contractors and their agents, grantees, experts, consultants,
and others performing or working on a contract, service, grant,
cooperative agreement, or other assignment for DHS, when necessary to
accomplish an agency function related to this system of records.
Individuals provided information under this routine use are subject to
the same Privacy Act requirements and limitations on disclosure as are
applicable to DHS officers and employees.
G. To an appropriate Federal, State, tribal, local, international,
or foreign law enforcement agency or other appropriate authority
charged with investigating or prosecuting a violation or enforcing or
implementing a law, rule, regulation, or order, where a record, either
on its face or in conjunction with other information, indicates a
violation or potential violation of law, which includes criminal,
civil, or regulatory violations and such disclosure is proper and
consistent with the official duties of the person making the
disclosure.
H. To the affected State or political subdivision thereof for the
purpose of determining the State's or subdivision's eligibility for
tracking title to the acquired property for recreational and open space
resources.
I. To the Environmental Protection Agency for the purpose of
verifying the proper eligibility and use of Superfund monies to acquire
properties found to be uninhabitable for the population and in
connection with legal cases brought under the Superfund.
J. To the Small Business Administration for the purpose of
determining the individual/business eligibility for loans and no
duplication of funds.
K. To the Department of Justice, or a United States Attorney for
legal representation in duplication of benefits provided to the
individual or legal cases brought by or against FEMA, or in the case of
Superfund monies, those brought by or against the Environmental
Protection Agency.
[[Page 77753]]
L. To the Department of Justice for the purpose of obtaining
official title opinions prior to acquisition as outlined under Section
1362 acquisitions.
M. To the news media and the public, with the approval of the Chief
Privacy Officer in consultation with counsel, when there exists a
legitimate public interest in the disclosure of the information or when
disclosure is necessary to preserve confidence in the integrity of DHS
or is necessary to demonstrate the accountability of DHS's officers,
employees, or individuals covered by the system, except to the extent
it is determined that release of the specific information in the
context of a particular case would constitute an unwarranted invasion
of personal privacy.
Disclosure to consumer reporting agencies:
Disclosure pursuant to 5 U.S.C. 552a(b)(12): Disclosures may be
made from this system to ``consumer reporting agencies'' as defined in
the Fair Credit Reporting Act (15 U.S.C. 1681a(f) or the Federal Claims
Collection Act of 1966 (31 U.S.C. 3701(a)(3)).
Policies and practices for storing, retrieving, accessing, retaining,
and disposing of records in the system:
Storage:
Records in this system are stored electronically or on paper in
secure facilities in a locked drawer behind a locked door. The records
are stored on magnetic disc, tape, digital media, and CD-ROM.
Retrievability:
Records may be retrieved by individual's name, property addresses,
mobile home sales documents, leases, and contracts.
Safeguards:
Records in this system are safeguarded in accordance with
applicable rules and policies, including all applicable DHS automated
systems security and access policies. Strict controls have been imposed
to minimize the risk of compromising the information that is being
stored. Access to the computer system containing the records in this
system is limited to those individuals who have a need to know the
information for the performance of their official duties and who have
appropriate clearances or permissions.
Retention and disposal:
Permanent Personal and Real Property Acquisition and Relocation
records are covered by General Record Schedules 3 and 4. Original files
regarding occupant-related documents (e.g., site requests, mobile home
sales documents, leases, and contracts) will be consolidated at
regional offices at the end of Phase II (e.g., when shelterees are
moved to permanent housing) and destroyed 6 years and 3 months after
files are consolidated in accordance with FEMA Record Schedule N1-311-
86-1, Item 4C8b(1). Files relating to permanent relocations under
Superfund and purchases of properties under Section 1362 are permanent
and will be maintained in accordance with FEMA Records Schedule N1-311-
86-1, Item 4C10d.
System Manager and address:
For Superfund acquisitions--Associate Director, State and Local
Programs and Support Directorate, Federal Emergency Management Agency,
Washington, DC 20472.
Notification procedure:
Individuals seeking notification of and access to any record
contained in this system of records, or seeking to contest its content,
may submit a request in writing to FEMA's FOIA Officer, 500 C Street,
SW., Attn: FOIA Coordinator, Washington, DC 20472.
When seeking records about yourself from this system of records or
any other FEMA system of records your request must conform with the
Privacy Act regulations set forth in 6 CFR part 5. You must first
verify your identity, meaning that you must provide your full name,
current address and date and place of birth. You must sign your
request, and your signature must either be notarized or submitted under
28 U.S.C. 1746, a law that permits statements to be made under penalty
of perjury as a substitute for notarization. While no specific form is
required, you may obtain forms for this purpose from the Director,
Disclosure and FOIA, http://www.dhs.gov or 1-866-431-0486. In addition
you should provide the following:
An explanation of why you believe the Department would
have information on you,
Specify when you believe the records would have been
created,
If your request is seeking records pertaining to another
living individual, you must include a statement from that individual
certifying his/her agreement for you to access his/her records.
Without this bulleted information the FEMA may not be able to
conduct an effective search, and your request may be denied due to lack
of specificity or lack of compliance with applicable regulations.
Record access procedures:
See ``Notification procedure'' above.
Contesting record procedures:
See ``Notification procedure'' above.
Record source categories:
Individuals, appraisal records, title reports, or homeowner
reports.
Exemptions claimed for the system:
None.
Dated: December 10, 2008.
Hugo Teufel III,
Chief Privacy Officer, Department of Homeland Security.
[FR Doc. E8-29796 Filed 12-18-08; 8:45 am]
BILLING CODE 4410-10-P