[Federal Register Volume 61, Number 185 (Monday, September 23, 1996)]
[Notices]
[Pages 49777-49779]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-24320]


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FEDERAL EMERGENCY MANAGEMENT AGENCY

Privacy Act of 1974; Proposed Amended Routine Use; Disaster 
Recovery Assistance Files

AGENCY: Federal Emergency Management Agency (FEMA).

ACTION: Notice of proposed amended routine use.

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SUMMARY: The Federal Emergency Management Agency gives notice of a 
proposed amended routine use to be added to an existing system of 
records entitled, FEMA/REG-2, Disaster Recovery Assistance Files.

DATES: We invite comments on this proposed amended routine use. Please 
submit written comments by October 23, 1996. The proposed amended 
routine use and other modifications to this system, as stated, shall 
become effective 45 days from the date of this publication, without 
further notice, unless comments necessitate otherwise.

ADDRESSES: Please address comments to the Rules Docket Clerk, Office of 
the General Counsel, Federal Emergency Management Agency, room 840, 500 
C Street SW., Washington, DC 20472. Comments received will be available 
for public inspection at the address above from 9 a.m. to 4 p.m., 
Monday through Friday (except legal holidays).

FOR FURTHER INFORMATION CONTACT: Sandra Jackson, FOIA/Privacy 
Specialist, Federal Emergency Management Agency, 500 C Street SW., 
Washington, DC 20472, (202) 646-3840.

SUPPLEMENTARY INFORMATION: The Federal Emergency Management Agency 
(FEMA) published notices of systems of records on January 5, 1987, 52 
FR 324; February 3, 1987, 52 FR 3344; March 5, 1987, 52 FR 6875, and 
September 7, 1990, 55 FR 37182.
    By this notice we amend a routine use to permit disclosure of a 
record from the Disaster Recovery Assistance Files to agencies or 
organizations that are responsible for administering or obtaining 
information relevant to the implementation of floodplain management and 
other hazard mitigation programs. The agencies or organizations include 
Federal, State, and local government agencies, and volunteer 
organizations. The programs include property acquisition, relocation 
programs, elevation programs, or any other hazard mitigation 
activities.
    Since the 1993 Midwest Flooding, there has been a substantial 
increase in the number of requests to FEMA for information on 
applicants for disaster recovery; such information is covered by the 
Privacy Act. Almost all requests are from State and local agencies to 
evaluate disaster damages and their impacts on communities, and to 
implement floodplain management ordinances and hazard mitigation 
measures. There is no clear routine use to release Privacy Act 
information for these purposes. Each request requires review and 
analysis on a case-by-case basis by the Office of the General Counsel 
and by the Human Services Division of the Response & Recovery 
Directorate.
    The Robert T. Stafford Disaster Relief and Emergency Assistance 
Act, 42 U.S.C. 5121 et seq. (Stafford Act), encourages floodplain 
management and other hazard mitigation measures to reduce losses from 
disasters, including development of land use and construction 
regulations. Section 404, Hazard Mitigation, of the Stafford Act 
authorizes funding for such projects.
    The proposed amended routine use would enhance timely and efficient 
delivery of FEMA's all-hazards management because obtaining applicant 
assistance information, crucial to the implementation of floodplain 
management ordinances and hazard mitigation projects will be more 
easily obtainable than now by those entrusted with those 
responsibilities.
    In addition, minor modifications are being made to this system to 
change the name of the Disaster Relief Act to the Robert T. Stafford 
Disaster Relief and Emergency Assistance Act; the System Location to 
the FEMA National Processing Service Centers under the purview of FEMA 
regional offices listed in Appendix AA; and to update the mailing 
addresses of FEMA Regional Offices listed in Appendix AA.
    Accordingly, we revise FEMA/REG-2, Appendix A, and Appendix AA of 
the FEMA Privacy Act systems of records to read as follows:
FEMA/REG-2
    Disaster Recovery Assistance Files.
    Unclassified.
    FEMA National Processing Service Centers.
    Individuals who apply for disaster recovery assistance following 
Presidentially declared major disasters or emergencies.
    a. Records of registration for assistance (FEMA Form 90-69, 
Disaster Assistance Registration/Application includes names, addresses, 
telephone numbers, social security numbers, insurance coverage 
information, household size and composition, type of damage incurred, 
income information, programs to which referred for assistance, flood 
zones, and preliminary determinations of eligibility for disaster 
assistance).
    b. Inspection reports (FEMA Form 90-56, Inspection Report) contain 
identification information, and results of survey of damaged property 
and goods.
    c. Temporary housing assistance eligibility determinations (FEMA 
Forms 90-11 through 90-13, 90-16, 90-22, 90-24 through 90-28, 90-31, 
90-33, 90-41, 90-48, 90-57, 90-68 through 90-70, 90-71, 90-75 through 
90-78, 90-82, 90-86, 90-87, 90-94 through 90-97, 90-99, and 90-101). 
These determinations pertain to approval and disapproval of temporary 
housing assistance: General correspondence, complaints, appeals, and 
resolutions, requests for disbursement of payments, inquiries from 
tenants and landlords, general administrative and fiscal information,

[[Page 49778]]

payment schedules and forms, termination notices, and information 
shared with the temporary housing program staff from other agencies to 
prevent duplication of benefits, leases, contracts, specifications for 
repair of disaster damaged residences, reasons for eviction or denial 
of aid, sales information after tenant purchase of housing units, and 
status of disposition of applications of housing.
    d. Eligibility decisions from other agencies (for example, the 
disaster loan program administered by the Small Business 
Administration, and decisions of the State-administered Individual and 
Family Grant program) as they relate to determinations of eligibility 
for disaster assistance programs.
    e. State files containing related, but independently kept, records 
of persons who request Individual and Family Grants, and administrative 
files and reports required by FEMA. As to individuals, the same type of 
information as described above under registration, inspection, and 
temporary housing assistance records are kept. As to administrative and 
reporting requirements, FEMA Forms 76-27, 76-28, 76-30, 76-32, 76-34, 
76-35, 76-38 are used. State administrative planning formats are also 
used.
    The Robert T. Stafford Disaster Relief and Emergency Assistance 
Act, 42 U.S.C. 5121 et seq.; Reorganization Plan No. 3 of l978, 43 FR 
41943, 3 CFR, 1978 Comp., p. 329, 5 U.S.C. App.1.
    To register applicants needing disaster assistance, to inspect 
damaged homes, to verify information provided by the applicant, and to 
make eligibility determinations for that assistance.
    Other Federal agencies, State governments, local governments, and 
volunteer agencies charged with administering disaster relief programs, 
both under the Stafford Act and other disaster legislation of charters 
may have read-only access to information relevant to their particular 
assistance program to determine eligibility for assistance programs. 
They will not be able to change FEMA records. To the extent that 
eligibility for a program depends on eligibility for assistance from 
another program (section 312 of the Act prohibits duplication of 
benefits among disaster organizations), the information must be shared 
between and among these agencies and organizations.
    For Property Acquisition and Relocation, a record from this system 
of records may be disclosed, in response to a written request, to 
Federal, State, or local government agencies, or to volunteer or 
private organizations charged with administering or obtaining 
information relevant to decisions concerning the implementation of 
floodplain management and other hazard mitigation measures, including 
property acquisition, relocation programs, elevation of buildings, and 
enforcement of floodplain management ordinances.
    Additional routine uses may include those identified at Nos. 1, 2, 
3, 5, 6, and 8 of Appendix A.
    Disclosures pursuant to 5 U.S.C. 552a(b)(l2): 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 Debt 
Collection Act of 1982, 31 U.S.C. 3701(a)(3).
    Computer discs, records in file folders.
    By name, address, social security number, case file numbers.
    Hardware and software computer security measures; paper files in 
locked file cabinets or rooms; buildings are secured during non-
business hours by building guards.
    We have broken down the paragraphs under the categories of records 
section for easy reference. Records covered by paragraphs a.-d. are 
covered by FEMA Records Schedule N1-311-86-1, Item 8b(l) and are 
destroyed 6 years and 3 months after the files are consolidated. 
Records covered by paragraph e. are covered by FEMA Records Schedule 
N1-311-86-1, Item 7 and are destroyed 3 years after the disaster 
contract is terminated.
    Regional Directors of FEMA, addresses are listed in Appendix AA; 
the Director, Human Services Division, Response and Recovery 
Directorate, 500 C Street SW., room 326, Washington DC 20472.
    Inquiries should be addressed to the appropriate system manager. 
Written requests should be clearly marked, ``Privacy Act Request'' on 
the envelope and letter. Include full name of the individual, some type 
of appropriate personal identification, and current address.
    For personal visits, the individual should be able to provide some 
acceptable identification, that is, driver's license, employing 
office's identification card, or other identification data.
    Same as notification procedure above.
    Same as notification procedure above. The letter should state 
clearly and concisely what information is being contested, the reasons 
for contesting it, and the proposed amendment to the information 
sought. FEMA Privacy Act regulations are at 44 CFR part 6.
    Applicants for disaster recovery assistance; credit rating bureaus, 
financial institutions, insurance companies and agencies providing 
disaster relief.
    None.

Appendix A

    Introduction to Routine Uses: Certain routine uses have been 
identified as being applicable to many of the FEMA systems of record 
notices. The specific routine uses applicable to an individual 
system of record notice will be listed under the ``Routine Use'' 
section of the notice itself and will correspond to the numbering of 
the routine uses published below. These uses are published only once 
in the interest of simplicity, economy and to avoid redundancy, 
rather than repeating them in every individual system notice.
    l. Routine Use--Law Enforcement: A record from any FEMA system 
of records, which indicates either by itself or in combination with 
other information within FEMA's possession, a violation or potential 
violation of law, whether civil, criminal or regulatory in nature, 
and whether arising by general statute, or by regulation, rule or 
order issued pursuant thereto, may be disclosed, as a routine use, 
to the appropriate agency whether Federal, State, territorial, local 
or foreign, or foreign agency or professional organization charged 
with the responsibility of enforcing, or implementing, or 
investigating, or prosecuting such violation or charged with 
implementing the statute, rule, regulation or order issued pursuant 
thereto.
    2. Routine Use--Disclosure When Requesting Information: A record 
from a

[[Page 49779]]

FEMA system of records may be disclosed as a routine use to a 
Federal, State, or local agency maintaining civil, criminal, 
regulatory, licensing or other enforcement information or other 
pertinent information, such as current licenses, if necessary, to 
obtain information relevant to an agency decision concerning hiring 
or retention of an employee, issuance of a security clearance, 
letting of a contract, or issuance of a license, grant, or other 
benefit.
    3. Routine Use--Disclosure of Requested Information: A record 
from a FEMA system of records may be disclosed to a Federal agency, 
in response to a written request in connection with hiring or 
retention of an employee, issuance of an investigation of an 
employee, letting of a contract, or issuance of a license, grant, or 
other benefit by the requesting agency, to the extent that the 
information is relevant and necessary to the requesting agency's 
decision on the matter.
    4. Routine Use--Grievance, Complaint, Appeal: A record from a 
FEMA system of records may be disclosed to an authorized appeal or 
grievance examiner, formal complaints examiner, equal employment 
opportunity investigator, arbitrator, or other duly authorized 
official engaged in investigation or settlement of a grievance, 
complaint, or appeal filed by an employee. A record from this system 
of records may be disclosed to the Office of Personnel Management in 
accordance with that agency's responsibility for evaluation of 
Federal personnel management.
    To the extent that official personnel records in the custody of 
FEMA are covered within systems of records published by the Office 
of Personnel Management as governmentwide records, those records 
will be considered as a part of that governmentwide system. Other 
official personnel records covered by notices published by FEMA and 
considered to be separate systems of records may be transferred to 
the Office of Personnel Management in accordance with official 
personnel programs and activities as a routine use.
    5. Routine Use--Congressional Inquiries: A record from a FEMA 
system of records may be disclosed as a routine use to a Member of 
Congress or to a Congressional staff member in response to an 
inquiry of the Congressional office made at the direct, written 
request of the individual about whom the record is maintained.
    6. Routine Use--Private Relief Legislation: The information 
contained in a FEMA system of records may be disclosed as a routine 
use to the Office of Management and Budget in connection with the 
review of private relief legislation as set forth in OMB Circular 
No. A-19 at any stage of the legislative coordination and clearance 
process as set forth in that circular.
    7. Routine Use--Disclosure to the Office of Personnel 
Management: A record from a FEMA system of records may be disclosed 
to the Office of Personnel Management concerning information on pay 
and leave benefits, retirement deductions, and any other information 
concerning personnel actions.
    8. Routine Use--Disclosure to National Archives and Records 
Administration: A record from a FEMA system of records may be 
disclosed as a routine use to the National Archives and Records 
Administration in records management inspections conducted under 
authority of 44 U.S.C. 2904 and 2906.
    9. Routine Use--Grand Jury: A record from any system of records 
may be disclosed, as a routine use, to a grand jury agent pursuant 
to a Federal or State grand jury subpoena or to a prosecution 
request that such record be released for the purpose of its 
introduction to a grand jury.

Appendix AA

Addresses for FEMA Regional Offices:

Region I--Regional Director, Federal Emergency Management Agency, 
room 442, J.W. McCormack Post Office and Courthouse Building, 
Boston, MA 02109-4595;
Region II--Regional Director, Federal Emergency Management Agency, 
26 Federal Plaza, room 1338, New York, NY 10278-0002;
Region III--Regional Director, Federal Emergency Management Agency, 
Liberty Square Building (Second Floor), 105 South Seventh Street, 
Philadelphia, PA 19106-3316;
Region IV--Regional Director, Federal Emergency Management Agency, 
1371 Peachtree Street, NE., suite 700, Atlanta, GA 30309-3108;
Region V--Regional Director, Federal Emergency Management Agency, 
175 West Jackson Blvd., 4th Floor, Chicago, IL 60604-2698;
Region VI--Regional Director, Federal Emergency Management Agency, 
Federal Regional Center, 800 North Loop 288, Denton, TX 76201-3698;
Region VII--Regional Director, Federal Emergency Management Agency, 
2323 Grand Boulevard, room 900, Kansas City, MO 64108-2670;
Region VIII--Regional Director, Federal Emergency Management Agency, 
Denver Federal Center, Building 710, Box 25267, Denver, CO 80225-
0267;
Region IX--Regional Director, Federal Emergency Management Agency, 
Building 105, Presidio of San Francisco, CA 94129-1250;
Region X--Regional Director, Federal Emergency Management Agency, 
Federal Regional Center, 130 228th Street SW., Bothell, WA 98021-
9796.

    Dated: September 10, 1996.
John P. Carey,
General Counsel.
[FR Doc. 96-24320 Filed 9-20-96; 8:45 am]
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