System of Records Notice (SORN)

Federal Register / Vol. 79, No. 96 / Monday, May 19, 2014 / Notices
Notice of
this meeting is given under Section
10(a) of the Federal Advisory Committee
Act (FACA), Public Law 92–463 (5
U.S.C. App.) requires each FACA
committee meeting to be open to the
public.
The HSAC provides organizationally
independent, strategic, timely, specific,
and actionable advice and
recommendations for the consideration
of the Secretary of the Department of
Homeland Security on matters related to
homeland security. The Council is
comprised of leaders of local law
enforcement, first responders, state and
local government, the private sector,
and academia.
The HSAC will meet in open session
between 1:45 p.m. and 3:45 p.m. The
HSAC will receive observations and
remarks from DHS senior leadership,
and swear in new HSAC members.
Members will discuss the following:
Improving Security and Resilience of
Cyberspace and Critical Infrastructure,
the Homeland Security strategic
environment, trade and travel
facilitation, and performance
improvement. Members will also
receive a report from the HSAC Faithbased Security and Communications
Subcommittee.
The HSAC will meet in closed session
between 4 p.m. and 5:30 p.m. to receive
sensitive operational information from
senior DHS leadership. This information
regards threats to our homeland,
specifically operational updates on the
Transportation Security
Administration’s (TSA) aviation
security program, immigration
enforcement efforts, and ongoing
domestic efforts towards countering
violent extremism.
Basis for Partial-Closure: In
accordance with Section 10(d) of the
Federal Advisory Committee Act, this
meeting has been determined to require
partial-closure. The disclosure of the
information relayed would be
detrimental to the public interest for the
following reasons:
The HSAC will receive briefings on
the current threat environment from
DHS officials as well as operational
updates for the Transportation Security
Administration’s (TSA) aviation
security program, and immigration
enforcement efforts. This will include
lessons learned and enhanced security
measures associated with operations
and management. Public disclosure of
this information would provide
terrorists and other adversaries with
guidelines to thwart the Department’s
strategic initiatives. Under 5 U.S.C.
552b(c)(9)(B), disclosure of these
techniques and procedures could

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frustrate the successful implementation
of protective measures designed to keep
our country safe. Members will also be
provided a briefing from DHS officials
on countering violent extremism (CVE)
efforts being made domestically. Under
5 U.S.C. 552b(c)(7)(E), disclosure of that
information could reveal investigative
techniques and procedures not generally
available to the public, allowing
terrorists and those with interests
against the United States to circumvent
the law.
The closed session briefings involve
information that, if publicly disclosed,
will likely inhibit the government’s
ability to implement potential changes
to aviation security and internal DHS
management directives. The meeting
will address current threats to our
homeland security, the strategic
implementation plan to counter
extremism domestically, and provide an
operational overview of the
Transportation Security
Administration’s (TSA) aviation
security as well as immigration
enforcement efforts. These briefings will
concern matters sensitive to homeland
security within the meaning of 5 U.S.C.
552b(c)(7)(E) and (c)(9)(B).
Participation: Members of the public
will have two options for participation:
Listen-only mode conference call or in
person. All data for both the
teleconference and on-site participation
options must be provided no later than
5 p.m. EDT on Friday, May 30, 2014.
Teleconference Participation:
Members of the public may register via
email at HSAC@hq.dhs.gov. You are
required to provide your full legal name,
company/agency affiliation, email
address and phone number.
On-Site Participation: Due to limited
availability of seating, admittance will
be on a first-come first-served basis.
Participants attending the meeting at the
United States Coast Guard Headquarters
will contact Mike Miron or HSAC Staff
by phone only at (202) 447–3135. You
are required to provide your full legal
name, date of birth, social security
number, citizenship status, and
company/agency affiliation. The public
may only access the facility via public
transportation and must remain under
escort on the premises throughout the
entire public session. Members of the
public will meet promptly at 1 p.m. at
the Visitor Processing Center for
badging and escorting to the conference
facility. Late arrivals will not be
permitted access to the facility.
Facility Access: You are required to
present a valid original government
issued ID; State Driver’s License or NonDriver’s Identification Card, U.S.
Government Common Access Card

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(CAC), Military Identification Card or
Person Identification Verification Card;
U.S. Passport or Passport Card, Foreign
Passport; U.S. Border Crossing Card,
Permanent Resident Card or Alien
Registration Card; or Native American
Tribal Document.
Identification of Services for
Individuals with Disabilities: For
information on facilities or services for
individuals with disabilities, or to
request special assistance at the
meeting, contact the HSAC as soon as
possible.
Dated: May 13, 2014.
Erin O’Connor,
Executive Director, Homeland Security
Advisory Council, DHS.
[FR Doc. 2014–11514 Filed 5–16–14; 8:45 am]
BILLING CODE 9110–9M–P

DEPARTMENT OF HOMELAND
SECURITY
Office of the Secretary
[Docket No. DHS–2014–0028]

Privacy Act of 1974; Department of
Homeland Security Federal Emergency
Management Agency—003 National
Flood Insurance Program 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
consolidate, update, and reissue the
current Department of Homeland
Security/Federal Emergency
Management Agency system of records
titled, ‘‘Department of Homeland
Security/Federal Emergency
Management Agency—003 National
Flood Insurance Program Files System
of Records’’ with the systems of records
titled, ‘‘Department of Homeland
Security/Federal Emergency
Management Agency/Mitigation/
Mitigation—1 National Flood Insurance
Program Claims Appeals Process,’’ and
‘‘Department of Homeland Security/
Federal Emergency Management
Agency—007 National Flood Insurance
Program Marketing Files.’’ This
consolidated and updated system of
records enables the Department of
Homeland Security/Federal Emergency
Management Agency to administer all
aspects of the National Flood Insurance
Program. The Department has
consolidated and updated these systems
of records to more accurately reflect
how the Department of Homeland

SUMMARY:

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Federal Register / Vol. 79, No. 96 / Monday, May 19, 2014 / Notices

Security/Federal Emergency
Management Agency collects,
maintains, and shares information
pertaining to the National Flood
Insurance Program.
The Department of Homeland
Security/Federal Emergency
Management Agency has consolidated
categories of individuals, categories of
records, authority for maintenance,
routine uses, retrievability, retention
and disposal, and record sources to
accurately reflect the entirety of the
National Flood Insurance Program, and
to reflect the Biggert-Waters Act. Also,
the Department of Homeland Security/
Federal Emergency Management Agency
is updating the consolidated system of
records notice to include: (1) Category of
individuals; (2) category of records; and
(3) routine uses. Additionally, this
notice includes non-substantive changes
to simplify the formatting and text of the
previously published notices. This
consolidated and updated system will
be included in the Department’s
inventory of record systems.
DATES: Submit comments on or before
June 18, 2014 This new system will be
effective June 18, 2014.
ADDRESSES: You may submit comments,
identified by docket number DHS–
2014–0028 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, 245
Murray Drive SW., Building 410, STOP–
0655, 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
general questions, please contact Eric M.
Leckey (202) 212–5100, Privacy Officer,
Federal Emergency Management
Agency, Department of Homeland
Security, Washington, DC 20528. For
privacy issues please contact Karen L.
Neuman (202) 343–1717, Chief Privacy
Officer, Privacy Office, 245 Murray
Drive SW., Building 410, STOP–0655,
Washington, DC 20528.
SUPPLEMENTARY INFORMATION:

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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 consolidate,
update, and reissue the current DHS
system of records titled, ‘‘DHS/FEMA—
003 National Flood Insurance Program
Files System of Records’’ to include the
systems of records titled, ‘‘DHS/FEMA/
Mitigation/Mitigation—1 National Flood
Insurance Program Claims Appeals
Process’’ and ‘‘DHS/FEMA—007
National Flood Insurance Program
Marketing Files,’’ to form one
comprehensive system of records notice
that accurately reflects all information
collection and maintenance pertaining
to the National Flood Insurance
Program.
Congress passed the National Flood
Insurance Act (NFIA), 42 U.S.C. 4001 in
1968, creating the National Flood
Insurance Program (NFIP) in order to
reduce future flood losses through flood
hazard identification, manage
floodplain, and provide insurance
protection. The Department of Housing
and Urban Development (HUD)
originally administered the NFIP, and
Congress subsequently transferred the
NFIP to FEMA upon its creation in
1979. FEMA and insurance companies
participating in FEMA’s Write Your
Own (WYO) program offer NFIP
insurance coverage for building
structures as well as for contents and
personal property with the building
structures to eligible and insurable
properties. Individuals seeking flood
insurance are required to submit an
application with all necessary
information in order to properly rate
their property and issue an appropriate
insurance policy.
FEMA administers NFIP by ensuring
insurance applications are processed
properly; determining correct
premiums; renewing, reforming, and
cancelling insurance policies;
transferring policies from the seller of
the property to the purchaser of the
property in certain circumstances; and
processing insurance claims.
Individuals obtain a NFIP policy
directly from FEMA or through a private
insurance company participating in
NFIP’s WYO program. The WYO
program began in 1983 with NFIP
operating under Part B of the NFIA, and
allows FEMA to authorize private
insurance companies to issue the
Standard Flood Insurance Policy (SFIP)
as FEMA’s fiduciary and fiscal agent.
Building and contents coverage may be
purchased separately or together under
NFIP.

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Participating WYO insurance
companies sell a SFIP to a home or
business owner, which is often an
existing customer who has also
purchased other private lines of
insurance (such as home and fire).
Mortgage lenders require borrowers to
purchase flood insurance in addition to
regular homeowner’s insurance because
NFIA requires flood insurance as a
condition for obtaining a federallybacked mortgage for a property located
in a Special Flood Hazard Area (SFHA)
as shown on the Flood Insurance Rate
Map (FIRM). The home or business
owner is required to purchase flood
insurance as a condition for obtaining a
federally-backed loan if an owner or
borrower’s insurance company
participates in the WYO program and
the home or business owner’s building
is located in an SFHA. In addition,
mortgage lenders can contractually
require the owner or borrower to obtain
flood insurance.
Flood insurance agents and brokers
serving owners or applicants submit
flood applications to FEMA’s NFIP
Direct Servicing Agent (DSA) or to a
participating WYO insurance company
as the prospective insurer. The DSA (for
FEMA-issued policies) or insurer
processes the applications, policies, and
claims. The DSA or insurer receives the
application, processes the application,
and determines eligibility and
premiums for the policy. The DSA or
insurer then issues the appropriate SFIP
policy in accordance with the
applicable statutes and regulations.
FEMA’s Community Rating System
(CRS) enables flood insurance
premiums to be less expensive for
insurance policy holders in
communities that implement protective
floodplain management practices
designed to lessen the impact of
damages caused by future floods to
insurable property. These practices
include activities such as enforcing
building codes that limit new
construction in flood prone areas and
implementing public education
programs to avoid flood damage.
Private insurers issue SFIPs in their
own name, administer and process SFIP
claims, and market and sell SFIPs in
their capacity as FEMA’s fiduciary and
fiscal agent under the WYO program.
The paid premiums of SFIPs and claims
payments for damaged property are
processed through the National Flood
Insurance Fund (NFIF). NFIF was
established by the National Flood
Insurance Act of 1968 (42 U.S.C. 4001,
et seq.), and is a centralized premium
revenue and fee-generated fund that
supports NFIP, which holds these U.S.
Treasury funds. Portions of the paid

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SFIP premiums cover the private
insurer’s administrative and operating
costs. Thus, the private insurers’ own
funds are not used in issuing checks to
SFIP claimants. Private insurers handle
all SFIP claims they issue and adjust
and settle SFIP claims consistent with
FEMA guidelines and standards.
FEMA directly handles appeals from
all policyholders pursuant to 44 CFR
62.20 processes. Section 205 of the
Bunning-Bereuter-Blumenauer Flood
Insurance Reform Act of 2004 (FIRA), 42
U.S.C. 4011, requires FEMA to establish
an appeals process for flood insurance
policyholders to dispute claims, proof of
loss, or loss estimate decisions made by
any insurance agent or adjuster, WYO
agent, insurance company, or FEMA.
As part of NFIP, FEMA engages in
marketing efforts to publicize and
educate the public on the NFIP program
in accordance with 42 U.S.C. 4020.
FEMA targets these marketing efforts
towards homeowners and business
owners whose properties are located in
a participating NFIP community. FEMA
also provides useful general rate quote
information to prospective flood
insurance buyers by linking them with
prospective insurance agents serving
their areas. FEMA facilitates this
connection using internet Web sites and
other marketing media to provide a 1–
800 number to the NFIP Telephone
Response Center that provides general
information about NFIP.
Previously, DHS/FEMA issued
separate systems of records notices to
cover information collection and
maintenance in the various NFIP
functions. However, FEMA is
consolidating key NFIP program
functions into one comprehensive
notice to streamline compliance
documentation processes and increase
transparency. DHS/FEMA has
consolidated categories of individuals,
categories of records, authority for
maintenance, routine uses,
retrievability, retention and disposal,
and record sources from the previous
system of records notices to more
accurately reflect these NFIP systems
and functions. DHS/FEMA proposes to
update and reissue this renewed system
of records notice as a result of a review
necessary to consolidate the system of
records. First, FEMA updated the
category of individuals to include
individuals requesting NFIP information
and Severe Repetitive Loss (SRL)
property owners (previously known as
Repetitive Loss Target Group). FEMA
next modified the category of records to
include documents submitted to DHS/
FEMA verifying primary residence,
names and contact information of
insurance adjusters, and individuals

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seeking NFIP information. Changes to
category of records also include
notations and documentation of
payments and payment related
transactions or inquiries from other
sources regarding insured properties
(such as mortgage lenders). Finally,
FEMA updated the routine uses to
include the addition of routine use (V)
that allows FEMA to share information
with private reinsurers, private capital
firms, and financial institutions to
comply with section 232(c)(2) of Biggert
Waters Act of 2012. Additionally, 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), (E), (O),
(P), and (Q) for clarity.
This system of records allows DHS/
FEMA to collect and maintain records
and information regarding applicants,
policyholders, prospective
policyholders, insurance agents, and
other individuals associated with NFIP.
DHS/FEMA needs the information in
order to properly administer the NFIP.
The NFIP system collects and maintains
records of individuals that seek NFIP
policies and/or rate quotes, apply for an
NFIP policy, make NFIP insurance
claims, appeal flood insurance claim
decisions, and are involved in NFIP
administration or marketing efforts.
Consistent with DHS and FEMA’s
information-sharing mission,
information stored in the DHS/FEMA—
003 National Flood Insurance Program
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 consolidated and updated
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 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

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the name of an individual or by
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—003 National Flood Insurance
Program Files System of Records.
In accordance with 5 U.S.C. 552a(r),
DHS has provided a report of this
system of records to the Office of
Management and Budget (OMB) and to
Congress.
System of Records

Department of Homeland Security
(DHS)/Federal Emergency Management
Agency (FEMA)—003
SYSTEM NAME:

DHS/FEMA—003 National Flood
Insurance Program Files.
SECURITY CLASSIFICATION:

Unclassified.
SYSTEM LOCATION:

FEMA maintains records at FEMA
Headquarters in Washington, DC and
FEMA field offices, Write Your Own
(WYO) companies’ office locations, and
the Direct Servicing Agent (DSA)
offices. Additionally, FEMA may store
records in the FEMA National Flood
Insurance Program (NFIP) Information
Technology Systems (ITS) and
FloodSmart.
CATEGORIES OF INDIVIDUALS COVERED BY THE
SYSTEM:

Categories of individuals covered by
this system include individual flood
insurance policyholders; policyholders
who claim losses due to flooding; flood
insurance claimants who appeal flood
loss decisions; individuals requesting
NFIP information; applicants
(individuals or certifiers); Severe
Repetitive Loss (SRL) property owners
(previously known as Repetitive Loss
Target Group); independent insurance
agents; WYO insurance companies and
WYO company agents; representatives
from communities that submit
Community Rating System (CRS)
applications; and certified flood
adjusters.
CATEGORIES OF RECORDS IN THE SYSTEM:

Categories of records in the NFIP
system include:
• Individual or property owner’s
name;

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• Social Security number (SSN) for
older policies, as NFIP has ceased
collecting and maintaining this
information;
• Property addresses;
• Telephone numbers;
• Email address;
• Tax Identification Number (TIN);
• Insurance policy numbers and
coverage information;
• Group Flood Insurance Program
(GFIP) Certificate Holders Property
(CHP) information:
Æ Name of the bank or lender;
Æ Date of mortgage; and
Æ Address of bank/lender.
• Loan information, such as:
Æ Loan number;
Æ Names and addresses of first and
possible second mortgages; and
Æ File or identification number of
loan.
• Administration records regarding
an individual’s policy, such as:
Æ Transaction errors and rejects per
WYO Company; and
Æ Documents and photographs
necessary to substantiate claims for
losses not covered by policy (such as
burglary or robbery);
• Elevation certificates of insured
properties;
• Documents verifying primary
residence of policyholder (i.e., driver’s
license or automobile registration);
• Adjuster reports and notations of
adjusting company’s paid bills
(including photographs diagrams of
damaged property that may or may not
be covered by insurance);
• Names and contact information of
insurance agents, adjusters, and
adjusting companies;
• Property payments, related
transaction notations, and records from
other sources (i.e., homeowners
insurance carrier and mortgage lender);
• Data elements required for reporting
purposes under the FEMA Mitigation
Directorate Bureau and Statistical Agent
contract for private insurance
companies including:
Æ Policy reinstatement with/without
policy changes;
Æ Insurance claims; and
Æ Payment of claims.
FEMA collects the following records
to administer the claims appeal process:
• Property address where the loss
occurred;
• List of damaged personal or real
property that is subject of the appeal;
• Policyholder’s statement of facts
about the claim;
• Policyholder’s statement on why
the policyholder is disputing the claim’s
disposition and supporting proof or
records to document the policyholder’s
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• Correspondence pertaining to the
appeal, which includes the individual’s
contact information; and
• FEMA’s appeal decision.
FEMA collects the following records
to administer marketing efforts:
• Accounts or order numbers;
• Names and address of individuals
seeking NFIP information;
• Flood insurance quote rate
information and flood map zone rating
for individuals seeking NFIP
information;
• Individuals’ feedback regarding
NFIP, including information regarding
awareness, attitudes, and satisfaction;
• Telephone Response Center (TRC)
records regarding research conducted
with policyholders, insurance agents,
and WYO companies; and
• Names and contact information of
insurance companies and agents
responding to quote requests.
FEMA collects the following records
to administer CRS rating
determinations:
• CRS applications to adjust NFIP
insurance premiums based on the
mitigation activities implemented by a
community;
• CRS participant (community and
local government agency) contact
information; and
• Other verification documents
associated with CRS participation (such
as elevation certificates).
AUTHORITY FOR MAINTENANCE OF THE SYSTEM:

National Flood Insurance Act of 1968,
as amended, 42 U.S.C. 4001, et seq.
PURPOSE(S):

The purpose of this system of records
is to manage and account for key NFIP
aspects including policy or program
marketing, policy issuance, claims
processing, and claims appeals.
ROUTINE USES OF RECORDS MAINTAINED IN THE
SYSTEM, INCLUDING CATEGORIES OF USERS AND
THE PURPOSES OF SUCH USES:

In addition to those disclosures
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 (DOJ),
including Offices of the U.S. 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;

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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 U.S. or any agency thereof.
B. To a congressional office from the
record of an individual in response to
an inquiry from that congressional office
made at the request of the individual to
whom the record pertains.
C. To the National Archives and
Records Administration (NARA) or
General Services Administration
pursuant to records management
inspections being conducted under the
authority of 44 U.S.C. 2904 and 2906.
D. To an agency or organization for
the purpose of performing audit or
oversight operations as authorized by
law, but only such information as is
necessary and relevant to such audit or
oversight function.
E. To appropriate agencies, entities,
and persons when:
1. DHS suspects or has confirmed that
the security or confidentiality of
information in the system of records has
been compromised;
2. DHS has determined that as a result
of the suspected or confirmed
compromise, there is a risk of identity
theft or fraud, harm to economic or
property interests, harm to an
individual, or harm to the security or
integrity of this system or other systems
or programs (whether maintained by
DHS or another agency or entity) that
rely upon the compromised
information; and
3. The disclosure made to such
agencies, entities, and persons is
reasonably necessary to assist in
connection with 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 assignment for DHS,
when necessary to accomplish an
agency function related to this system of
records. Any 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

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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 Write Your Own insurance
companies as authorized under 44 CFR
62.23 to administer flood insurance in
partnership with FEMA.
I. To federal, state, local, and tribal
government agencies, insurance
companies, and established voluntary
organizations in order to determine
eligibility for benefits, verify nonduplication of benefits following a
flooding event or another disaster, and
provide needs unmet by NFIP claims
payouts within their jurisdictions and
service areas.
J. To state government agencies in
order to provide GFIP certificates for
carrying out the purposes of the NFIP
within its jurisdiction.
K. To property loss reporting bureaus,
state insurance departments, and
insurance companies to investigate
fraud or potential fraud in connection
with claims, subject to the approval of
the DHS Office of the Inspector General.
L. To state, local, and tribal
government agencies to ascertain the
degree of financial burdens they expect
to assume in the event of a flooding
disaster within its jurisdiction.
M. To state, local, and tribal
government agencies to further NFIP
outreach and education activities within
their jurisdiction.
N. To state, local, and tribal
government agencies that provide
names, addresses of policyholders
within their jurisdictions, and a brief
general description of their plan for
acquiring and relocating their flood
prone properties for the purpose of
ensuring that communities engage in
floodplain management, improved real
property acquisitions, and relocation
projects that are consistent with the
NFIP. This is contingent upon the
Federal Insurance Mitigation
Administration determining that the use
furthers the flood plain management
and hazard mitigation goals of the
agency.
O. To the Army Corps of Engineers
and federal, state, local, and tribal
government agencies to review NFIP
policy and claims information for
properties within its jurisdiction in
order to assist in hazard mitigation and
floodplain management activities, and
in monitoring compliance with the
floodplain management measures
adopted by the community.
P. To lending institutions and
mortgage servicing companies for
purposes of assisting with lender
compliance.

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Q. To current owners of properties for
the purpose of providing the dates and
dollar amounts of past loss payments
made to the said property.
R. To federal, state, local, and tribal
government agencies to conduct
research, analysis, and feasibility
studies of policies and claims within its
jurisdiction.
S. To financial institutions for
purposes of providing referral or
cooperative reimbursement payments to
insurance agents to share marketing and
advertising costs between NFIP and
entities participating in the NFIP.
T. To community officials and
representatives to provide repetitive loss
records of properties within that
community.
U. To OMB in for purposes related to
the review of private relief legislation in
accordance with OMB Circular No. A–
19.
V. To private reinsurers, private
capital firms, and financial institutions
for the purposes of preparing NFIP
assumption of risk proposals.
W. 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 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 an unwarranted invasion of
personal privacy.
DISCLOSURE TO CONSUMER REPORTING
AGENCIES:

DHS/FEMA discloses information
from this system to ‘‘consumer reporting
agencies,’’ per 5 U.S.C. 552a(b)(12), as
defined in the Fair Credit Reporting Act,
15 U.S.C. 1681a(f), as amended; or the
Federal Claims Collection Act of 1966,
31 U.S.C. 3701(a)(3), as amended.
POLICIES AND PRACTICES FOR STORING,
RETRIEVING, ACCESSING, RETAINING, AND
DISPOSING OF RECORDS IN THE SYSTEM:
STORAGE:

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

DHS/FEMA retrieves records by
individual or policyholder’s name; an
individual’s insurance policy number;
Repetitive Loss Target Group number;

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property address or legal description of
the property; telephone number;
insurance agents; an individual’s
uniquely identifying case, account, or
order number; and CRS application
number.
SAFEGUARDS:

DHS/FEMA safeguards records in this
system according to applicable rules
and policies, including all applicable
DHS automated system security access
policies. DHS/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 appropriate
clearances or permissions.
RETENTION AND DISPOSAL:

Policy records are kept as long as the
property owner is enrolled in the
insurance program and pays the policy
premiums. Records are cutoff when the
file becomes inactive. Policy records are
destroyed five years after the cutoff with
FEMA Records Schedule N1–311–86–1,
Item 1A13a(2). Claim records are
maintained for six years and three
months after final action, unless
litigation exists. Records are disposed in
accordance with FEMA Records
Schedule N1–311–86–1, Item
2A212(2)(b). Claims records with
pending litigation are destroyed after
review by General Counsel with FEMA
Records Schedule N1–311–86–1, Item
2A13a(1). Consumer records, including
CRS records are retired to the Federal
Records Center two years after cutoff,
and destroyed 10 years after cutoff in
accordance with FEMA Records
Schedule N1–311–02–01, Item 4.
SYSTEM MANAGER AND ADDRESS:

Associate Administrator, Federal
Insurance and Mitigation
Administration, FEMA Headquarters,
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 FEMA’s 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 a request to the Chief
Privacy Officer and Chief Freedom of

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Federal Register / Vol. 79, No. 96 / Monday, May 19, 2014 / Notices

Information Act 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
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;
• Provide any 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) 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.

mstockstill on DSK4VPTVN1PROD with NOTICES

RECORD SOURCE CATEGORIES:

Records are obtained from individuals
who apply for and individuals who are
insured under the NFIP; WYO
companies; flood insurance agents and
lenders; individuals requesting NFIP
information; insurance appraisal
records, title reports, homeowner
reports, notations, and documents from
homeowner/condominium associations,
and NFIP flood maps. DHS/FEMA and
WYO companies use various Housing
and Urban Development (HUD) and
FEMA forms to collect information
within this system of records.

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EXEMPTIONS CLAIMED FOR THE SYSTEM:

None.
Dated: May 8, 2014
Karen L. Neuman,
Chief Privacy Officer, Department of
Homeland Security.
[FR Doc. 2014–11386 Filed 5–16–14; 8:45 am]
BILLING CODE 4410–10–P

DEPARTMENT OF HOMELAND
SECURITY
Office of the Secretary
[Docket No. DHS–2014–0013]

Privacy Act of 1974; Department of
Homeland Security National Protection
and Programs Directorate—002
Chemical Facility Anti-Terrorism
Standards Personnel Surety Program
System of Records
Department of Homeland
Security, Privacy Office.
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/National Protection and
Programs Directorate—002 Chemical
Facility Anti-Terrorism Standards
Personnel Surety Program System of
Records.’’ This system of records allows
the Department of Homeland Security/
National Protection and Programs
Directorate to collect and maintain
records on individuals—facility
personnel and unescorted visitors—who
have or are seeking access to restricted
areas and critical assets at high-risk
chemical facilities and compare this
information to the Terrorist Screening
Database, the terrorist watchlist
maintained by the Federal Bureau of
Investigation’s Terrorist Screening
Center. As a result of a biennial review
of this system and changes to the
Chemical Facility Anti-Terrorism
Standards Personnel Surety Program,
the Department of Homeland Security/
National Protection and Programs
Directorate is updating this system of
records notice to include a new category
of record and routine use.
Administrative updates are being made
globally to better align the description of
the program with other CFATS
Personnel Surety Program
documentation. Additionally, the
Department of Homeland Security is
concurrently issuing a Final Rule to
exempt this system of records from

SUMMARY:

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certain provisions of the Privacy Act,
elsewhere in the Federal Register. This
notice also 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
June 18, 2014. This updated system will
be effective June 18, 2014.
ADDRESSES: You may submit comments,
identified by docket number DHS–
2014–0013 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.
Instructions: All submissions received
must include the agency name and
docket number for this rulemaking. All
comments received will be posted
without change to http://
www.regulations.gov, including any
personal information provided.
Docket: For access to the docket to
read background documents or
comments received, please visit http://
www.regulations.gov.
FOR FURTHER INFORMATION CONTACT: For
general questions, please contact: Emily
Andrew, (703) 235–2182, Privacy
Officer, National Protection and
Programs Directorate, Department of
Homeland Security, Washington, DC
20528. 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 Department of
Homeland Security (DHS) National
Protection and Programs Directorate
(NPPD) proposes to update and reissue
a current DHS system of records titled,
‘‘DHS/NPPD—002 Chemical Facility
Anti-Terrorism Standards Personnel
Surety Program System of Records.’’
On October 4, 2006, the President
signed the DHS Appropriations Act of
2007 (the Act), Public Law 109–295.
Section 550 of the Act (Section 550)
provides DHS with the authority to
regulate the security of high-risk
chemical facilities. DHS has
promulgated regulations implementing
Section 550, the Chemical Facility AntiTerrorism Standards (CFATS), 6 CFR
Part 27.

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