System of Records Notice (SORN)

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DEPARTMENT OF HOMELAND
SECURITY
Office of the Secretary
[Docket No. DHS–2015–0006]

Privacy Act of 1974; Department of
Homeland Security Federal Emergency
Management Agency 004 NonDisaster Grant Management
Information Files System of Records
Privacy Office, Department of
Homeland Security.
ACTION: Notice of Privacy Act System of
Records.
AGENCY:

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—004 Grant
Management Information Files System
of Records’’ and rename it, ‘‘Department
of Homeland Security/Federal
Emergency Management Agency—004
Non-Disaster Grant Management
Information Files System Records.’’ This
system of records allows the Department
of Homeland Security/Federal
Emergency Management Agency to
collect and maintain records from
points of contact for state, local, tribal,
territorial, and other entities applying
for Federal Emergency Management
Agency grant programs that are not
disaster related. The Federal Emergency
Management Agency collects grant
management information to determine
eligibility for Department of Homeland
Security grant awards for non-disaster
grants and for the issuance of awarded
funds. As a result of a biennial review
of this system, records have been
updated within the (1) system name, (2)
authorities, (3) purpose, and (4) routine
uses. 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
April 13, 2015. This updated system
will be effective April 13, 2015.
ADDRESSES: You may submit comments,
identified by DHS–2015–0006 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: Karen L. Neuman, Chief
Privacy Officer, Privacy Office,

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SUMMARY:

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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 go to http://
www.regulations.gov.
For
general questions please contact: Eric M.
Leckey (202) 212–5100, Privacy Officer,
Federal Emergency Management
Agency, Washington, DC 20472. For
privacy issues please contact: Karen L.
Neuman (202) 343–1717, Chief Privacy
Officer, Privacy Office, U.S. Department
of Homeland Security, Washington, DC
20528.
SUPPLEMENTARY INFORMATION:
FOR FURTHER INFORMATION CONTACT:

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, rename,
and reissue a current DHS system of
records titled, ‘‘DHS/FEMA—004
Grant Management Information Files
System of Records.’’ As part of the
Department’s process for reviewing and
streamlining compliance documentation
and to increase transparency, DHS/
FEMA is proposing to: 1) update the
system of records to include only nondisaster grant programs and FEMA
assistance to state, local, tribal,
territorial, or other entities; and 2)
rename the system of records notice to
DHS/FEMA—004 Non-Disaster Grant
Management Information Files System
of Records.
The goal of FEMA’s non-disaster
related grant programs is to provide
funding to enhance the capacity of state,
local, tribal, and territorial emergency
responders to prevent, respond to, and
recover from a weapon of mass
destruction terrorism incident involving
chemical, biological, radiological,
nuclear, explosive devices, and cyberattacks. FEMA’s non-disaster grant
programs currently provide funds to all
50 states, the District of Columbia, the
Commonwealth of Puerto Rico,
American Samoa, the Commonwealth of
Northern Mariana Islands, Guam, the
U.S. Virgin Islands, certain types of nonprofit organizations, and some private
entities. FEMA non-disaster related
grant programs are directed at a broad
spectrum of state and local emergency
responders, including firefighters,

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emergency medical services, emergency
management agencies, law enforcement,
and public officials. The source of the
information collected by FEMA
generally comes from state, local, tribal
and territorial governments, port
authorities, transit authorities, nonprofit organizations, and private
companies seeking grant funding. The
nature of data collected by FEMA
includes basic public information about
the agency or organization, the
organization’s financial information,
and the organization’s demonstrated
need for the non-disaster grant funds.
Many of FEMA’s non-disaster related
grant programs implement objectives
addressed in the Robert T. Stafford
Disaster Relief and Emergency
Assistance Act; a series of post 9/11
laws as outlined in the Authorities
Section; the post-Katrina Emergency
Management Reform Act (PKEMPRA) of
2006; and Homeland Security
Presidential Directives (HSPD).
As part of the biennial review process
for DHS/FEMA systems or records, DHS
has updated and reissued this system of
records as described below:
First, DHS/FEMA changed the system
name to reflect the focus of the system
of records on non-disaster-related
grants. Second, DHS/FEMA streamlined
the legal authorities to remove the
reference to the National Flood
Insurance Act and to add authorities
under the Implementing
Recommendations of the 9/11
Commission Act of 2007. Third, the
purpose removes references to FEMA
disaster related grants such as Public
Assistance because these grants are part
of the DHS/FEMA–009 Hazard
Mitigation, Disaster Public Assistance,
and Disaster Loan Programs system of
records. Fourth, DHS/FEMA modified
routine use (A) to include former
employees of DHS and to eliminate
redundant language; updated routine
use (C) to specify that information may
be shared with the General Services
Administration (GSA); and modified
routine uses (D) and (E) for clarification
and non-substantive grammatical
changes. Lastly, DHS/FEMA modified
the record source categories to
specifically reference the points of
contact for the respective grant
applicant organizations as a source of
the information described in this notice.
Consistent with DHS’s informationsharing mission, information stored in
the DHS/FEMA–004 Non-Disaster
Grant Management Information 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

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homeland security functions. In
addition, information may be shared
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 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–004 Non-Disaster Grant
Management Information 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 OF RECORDS

Department of Homeland Security
(DHS)/Federal Emergency Management
Agency (FEMA)–004.
SYSTEM NAME:

DHS/FEMA–004 Non-Disaster Grant
Management Information Files.
SECURITY CLASSIFICATION:

Unclassified.

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SYSTEM LOCATION:

DHS/FEMA maintains records at
FEMA Headquarters in Washington, DC,
and field offices. Additionally, DHS/
FEMA maintains records in FEMA
information technology systems such as
the FEMA Non-Disaster (ND) Grants and
Assistance to Firefighters Grants (AFG)
systems.
CATEGORIES OF INDIVIDUALS COVERED BY THE
SYSTEM:

Categories of individuals covered by
this system include the respective

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points of contact (POC) for grant
applications and awardees of grant
funds. Awardees of grant funds include
state, local, tribal, and territorial
governments, port authorities, transit
authorities, non-profit organizations,
and private companies (in rare
instances).
CATEGORIES OF RECORDS IN THE SYSTEM:

Categories of records in this system
include:
• Name of Organization’s Designated
POC;
• POC Title;
• Grant applicant organization POC’s
office mailing address;
• Grant applicant organization POC’s
office phone number;
• Grant applicant organization POC’s
office cellphone number;
• Grant applicant organization POC’s
office fax number;
• Grant applicant organization POC’s
work email address;
• Organization Name;
• Organization’s Federal Employer
Identification Number (EIN);
• Organization’s Dun & Bradstreet
(B&D) Data Universal Numbering
System (DUNS) Number (a unique nine
digit numeric identifier assigned to each
organization’s location);
• Organization’s Bank Routing
Number; and
• Organization’s Bank Account
Number.
AUTHORITY FOR MAINTENANCE OF THE SYSTEM:

Section 614 of the Robert T. Stafford
Disaster Relief and Emergency
Assistance Act (42 U.S.C. 5196c), as
amended by Section 202, Title II of the
Implementing Recommendations of the
9/11 Commission Act of 2007 (Pub. L.
110–053); Section 1809 of the Homeland
Security Act of 2002 (6 U.S.C. 571 et
seq.), as amended by Section 301(a)
Title III of the Implementing
Recommendations of the 9/11
Commission Act of 2007 (Pub. L. 110–
053); Section 2003(a) of the Homeland
Security Act of 2002 (6 U.S.C. 101 et
seq.), as amended by Section 101, Title
I of the Implementing
Recommendations of the 9/11
Commission Act of 2007, (Pub. L. 110–
053); Section 2004(a) of the Homeland
Security Act of 2002 (6 U.S.C. 101 et
seq.), as amended by Section 101, Title
I of the Implementing
Recommendations of the 9/11
Commission Act of 2007, (Pub. L. 110–
053); Section 2004 of the Homeland
Security Act of 2002 (6 U.S.C. 605 et
seq.), as amended by Section 101, Title
I of the Implementing
Recommendations of the 9/11
Commission Act of 2007, (Pub. L. No.

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110–53); Section 2005 of the Homeland
Security Act of 2002 (6 U.S.C. 606 et
seq.), as amended by Section 101, Title
I of the Implementing
Recommendations of the 9/11
Commission Act of 2007, (Pub. L. No.
110–53); the Post-Katrina Emergency
Management Reform Act of 2006 (6
U.S.C. 723); Title III of Division D of the
Consolidated Security, Disaster
Assistance, and Continuing
Appropriations Act, 2009 (Pub. L. 110–
329); Title III of Division E of the
Consolidated Appropriations Act, 2008
(Pub. L. 110–161); Section 1406, Title
XIV of the Implementing
Recommendations of the 9/11
Commission Act of 2007 (Pub. L. 110–
053); Section 1513, Title XV of the
Implementing Recommendations of the
9/11 Commission Act of 2007 (Pub. L.
110–053); Section 1532(a), Title XV of
the Implementing Recommendations of
the 9/11 Commission Act of 2007 (Pub.
L. 110–053); 46 U.S.C. 70107; the
Federal Financial Assistance
Management Improvement Act of 1999
(Pub. L. 160–107); and National Historic
Preservation Act of 1966, as amended,
Pub. L. 89–665, § 102, 16 U.S.C. 470.
PURPOSE(S):

The purpose of this system is to assist
in determining eligibility of awards for
non-disaster related grants and for the
issuance of awarded funds and allow
DHS to contact individuals to ensure
completeness and accuracy of grants
and applications.
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 as a routine use
pursuant to 5 U.S.C. 552a(b)(3) as
follows:
A. To the Department of Justice (DOJ),
including Offices of the United States
Attorneys, or other federal agency
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 or former employee
of DHS in his/her official capacity;
3. Any employee or former employee
of DHS in his/her individual capacity
when DOJ or DHS has agreed to
represent the employee; or
4. The United States or any agency
thereof.

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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. 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, or 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 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 and 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, 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.

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H. To an individual’s employer or
affiliated organization to the extent
necessary to verify employment or
membership status.
I. To the news media and the public,
with the approval of the Chief Privacy
Officer in consultation with counsel,
when there exists a legitimate public
interest in the disclosure of the
information or when disclosure is
necessary to preserve confidence in the
integrity of DHS or is necessary to
demonstrate the accountability of DHS’s
officers, employees, or individuals
covered by the system, except to the
extent it is determined that release of
the specific information in the context
of a particular case would constitute an
unwarranted invasion of personal
privacy.
DISCLOSURE TO CONSUMER REPORTING
AGENCIES:

None.
POLICIES AND PRACTICES FOR STORING,
RETRIEVING, ACCESSING, RETAINING, AND
DISPOSING OF RECORDS IN THE SYSTEM:
STORAGE:

DHS/FEMA stores records in this
system electronically or on paper in
secure facilities in a locked drawer
behind a locked door. The records are
stored on magnetic disc, tape, and
digital media.
RETRIEVABILITY:

DHS/FEMA retrieves records may by
the contact person covered by this
system or the name of organization.
SAFEGUARDS:

DHS/FEMA safeguards records in this
system in accordance with applicable
rules and policies, including all
applicable DHS automated systems
security and access policies. DHS/
FEMA imposes strict controls to
minimize the risk of compromising the
information that is being stored. DHS/
FEMA limits access to the computer
system containing the records in this
system 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:

DHS/FEMA retains grant application
information for audit, oversight
operations, and appeal purposes.
In accordance with Government
Records Schedule (GRS) 3, Item 14,
FEMA destroys grant administrative
records and hard copies of unsuccessful
grant applications files after two years.
In accordance with GRS 3, Item 13,
FEMA stores electronically received and
processed copies of unsuccessful grant

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application files for 3 years from the
date of denial and then deleted.
In accordance with National Archives
and Records Administration (NARA)
Authority N1–311–95–001, Item 1,
FEMA maintains grant project records
for three years after the end of the fiscal
year that the grant or agreement is
finalized or when no longer needed,
whichever is sooner.
In accordance with NARA Authority
N1–311–95–001, Item 3, FEMA retires
grant final reports to the Federal
Records Center (FRC) three years after
cutoff and transfers them to NARA 20
years after cutoff. In accordance with
NARA Authority N1–311–95–001, Item
2; N1–311–01–008, Item 1; and N1–311–
04–001, Item 1, FEMA stores all other
grant records for six years and three
months from the date of closeout (when
closeout is the date FEMA closes the
grant in its financial system) and final
audit and appeals are resolved and then
deleted.
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–
311–00–001, Item 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 NARA Authority N1–311–00–001,
Item 2. The assessment results database
are temporary records that are destroyed
when no longer needed for analysis
purposes, per NARA Authority N1–311–
00–001, Item 3.
SYSTEM MANAGER AND ADDRESS:

Deputy Assistant Administrator,
Grant Program Directorate, FEMA, 500 C
Street SW., Washington, DC 20472.
NOTIFICATION PROCEDURE:

Individuals seeking notification of
and access to any record contained in
this system of records, or seeking to
contest its content, may submit a
request in writing to the FEMA FOIA
Officer, whose contact information can
be found at http://www.dhs.gov/foia
under ‘‘Contacts.’’ If an individual
believes more than one component
maintains Privacy Act records
concerning him or her, the individual
may submit the request to the Chief
Privacy Officer and Chief Freedom of
Information Officer, Department of
Homeland Security, 245 Murray Drive
SW., Building 410, STOP–0655,
Washington, DC 20528.
When seeking records about yourself
from this system of records or any other

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Departmental system of records your
request must conform with the Privacy
Act regulations set forth in 6 CFR part
5. You must first verify your identity,
meaning that you must provide your full
name, current address, and date and
place of birth. You must sign your
request, and your signature must either
be notarized or submitted under 28
U.S.C. 1746, a law that permits
statements to be made under penalty of
perjury as a substitute for notarization.
While no specific form is required, you
may obtain forms for this purpose from
the Chief Privacy Officer and Chief
Freedom of Information Act Officer,
http://www.dhs.gov/foia or 1–866–431–
0486. In addition you should:
• 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 this bulleted information the
component(s) will 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:

DHS/FEMA obtains records from
grantees, applicants for award, grant
applicants’ points of contact, and grant
program monitors.

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EXEMPTIONS CLAIMED FOR THE SYSTEM:

None.
Dated: February 20, 2015.
Karen L. Neuman,
Chief Privacy Officer, Department of
Homeland Security.
[FR Doc. 2015–05799 Filed 3–12–15; 8:45 am]
BILLING CODE 9110–17–P

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DEPARTMENT OF HOMELAND
SECURITY
Office of the Secretary
[Docket No. DHS–2015–0009]

Privacy Act of 1974; Department of
Homeland Security/United States
Customs and Border Protection
Advanced Passenger Information
System Systems of Records
Privacy Office, Department of
Homeland Security.
ACTION: Notice of Privacy Act system of
records.
AGENCY:

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/United States Customs and
Border Protection–005 Advanced
Passenger Information System Systems
of Records.’’ This system of records
allows the Department of Homeland
Security/United States Customs and
Border Protection to collect and
maintain records on certain biographical
information on all passengers and crew
members who arrive in, depart from, or
transit through (and crew that fly over)
the United States on a covered air or
vessel carrier, and, in the case of crew
members, those who continue
domestically on a foreign air or vessel
carrier, to additionally encompass
private aircraft, rail, and bus travel. This
system of records notice has been
updated to include changes to security
classification, system location,
purpose(s), storage, retention and
disposal, routine uses, and notification
procedure. 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, located on
the Department of Homeland Security
Web site at http://www.dhs.gov/systemrecords-notices-sorns.
DATES: The system of records will be
effective April 13, 2015.
ADDRESSES: You may submit comments
identified by docket number DHS–
2015–0009 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: Karen L. Neuman, Chief
Privacy Officer, Privacy Office,
Department of Homeland Security,
Washington, DC 20528.
SUMMARY:

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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, go to http://
www.regulations.gov.
FOR FURTHER INFORMATION CONTACT: For
general questions, please contact: John
Connors, (202) 344–1610, Privacy
Officer, United States Customs and
Border Protection, Privacy and Diversity
Office, 1300 Pennsylvania Ave. NW.,
Washington, DC 20229. For privacy
questions, please contact: Karen L.
Neuman, (202) 343–1717, 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 DHS/CBP
proposes to update and reissue a current
DHS system of records titled,
Department of Homeland Security
(DHS), United States Customs and
Border Protection (CBP)–005 Advanced
Passenger Information System (APIS)
System of Records. The Aviation and
Transportation Security Act of 2001 and
the Enhanced Border Security and Visa
Entry Reform Act of 2002 provide
specific authority for the mandatory
collection of certain information about
all passenger and crewmembers that
arrive in or depart from the United
States via private aircraft, commercial
air, or vessel carrier. CBP requires that
carriers collect and submit information
is required to be collected and
submitted to CBP as APIS data pursuant
to existing regulations. Additionally,
rail and bus carriers may provide
voluntarily similar, information
pertaining to their passengers and crew
who arrive in or depart from the United
States. References to the types of
information that are required to be
submitted in the air or vessel
environment also pertain to the types of
information that may be voluntarily
provided in the rail and bus
environments.
The information that CBP requires
carriers to collect and submit to APIS
(as well as information that may be
provided voluntarily by bus and rail
carriers) can be found on routine
arrival/departure documents that
passengers and crewmembers must
provide to CBP when entering or
departing the United States. APIS

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