[Federal Register Volume 64, Number 143 (Tuesday, July 27, 1999)]
[Notices]
[Pages 40596-40599]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 99-19142]


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FEDERAL EMERGENCY MANAGEMENT AGENCY


Privacy Act Systems of Records; Amendment to an Existing Routine 
Use

AGENCY: Federal Emergency Management Agency (FEMA).

ACTION: Notice of proposed amendments to the system purpose, and 
existing routine use with request for comments.

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SUMMARY: In compliance with the requirements of the Privacy Act of 
1974, as amended, 5 U.S.C. 552a, we (FEMA) give notice of a proposed 
new routine use to be added to our existing system of records entitled, 
FEMA/REG-2, Disaster Recovery Assistance Files. This change will permit 
us to disclose information from these records to federal, state, and 
local governments to help develop hazard mitigation measures for 
community hazard mitigation planning, and to assure building practices 
consistent with hazard specific building codes, standards, and 
ordinances. Additionally, minor modifications include the 
simplification of routine use language for uses listed in Appendix A, 
and an update to regional office addresses listed in Appendix AA. We 
also clarify the format and language of the existing routine use 
related to eligibility to better distinguish the two eligibility-
related uses.

EFFECTIVE DATE: The amended routine use and other minor modifications 
to

[[Page 40597]]

this system are effective September 7, 1999.

ADDRESSES: We invite comments on this routine use. Please send any 
comments to the Rules Docket Clerk, Federal Emergency Management 
Agency, Office of General Counsel, room 840, 500 C Street SW., 
Washington, DC 20472, or (email) [email protected]. Comments received will 
be available for public inspection at FEMA from 9 a.m. to 4 p.m., 
Monday through Friday (except for legal holidays).

FOR FURTHER INFORMATION CONTACT: Sandra Jackson, FOIA/Privacy 
Specialist, at (202) 646-3840, or (email) [email protected].

SUPPLEMENTARY INFORMATION:
    We 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, 
September 7, 1990, 55 FR 37182; and September 23, 1996, 61 FR 49777.
    The altered system of records report, as required by 5 U.S.C. 
552a(r), is being simultaneously submitted to the Committee on 
Government Operations of the House of Representatives, the Committee on 
Governmental Affairs of the Senate, and the Office of Management and 
Budget, pursuant to Appendix 1 to OMB Circular A-130.
    We are making the following major modifications to this system:

Purpose of Collection

    The Robert T. Stafford Disaster Relief and Emergency Assistance 
Act, 42 U.S.C. 5121 et seq. (Stafford Act), encourages hazard 
mitigation measures to reduce losses from disasters, including hazard 
mitigation planning and enforcement of hazard-specific building codes, 
standards, and ordinances. By this notice we amend the ``Purpose(s)'' 
section of our system of records to reflect our statutory mandate to 
promote hazard mitigation.

Amended Routine Use

    Since the 1993 Midwest Flooding, there has been a substantial 
increase in the number of requests to FEMA for information on 
applicants for disaster assistance. Such information is covered by the 
Privacy Act. Almost all requests are from State or local governments to 
evaluate disaster damages and their impacts on communities for planning 
purposes, and to ensure individuals' compliance with hazard-specific 
codes, standards, and ordinances when rebuilding after disaster damage. 
Although disclosure of information in such cases may benefit both FEMA 
and individuals receiving assistance, there is no current routine use 
permitting us to release applicant specific information for these 
purposes. By this notice we provide for such a routine use.
    We amend the current routine use to permit disclosure of a record 
from the Disaster Recovery Assistance Files to Federal, State, and 
local government agencies that are charged with the implementation of 
hazard mitigation measures and the enforcement of hazard-specific 
provisions of building codes, standards, and ordinances. FEMA may 
disclose necessary information from this system of records for purposes 
of planning projects implemented under Federal, State, or local 
government hazard mitigation programs or to verify and enforce local 
buildings codes, standards, and ordinances.
    Under this routine use FEMA may disclose this information for 
hazard mitigation planning purposes to assist States and communities in 
identifying high-risk areas and preparing mitigation plans that target 
those areas for future mitigation projects providing the most 
appropriate solution to the affected area. Hazard mitigation measures 
may include:
     The acquisition, relocation or elevation of structures;
     Storm water management or drainage improvement projects;
     Structural retrofitting projects to increase resistance to 
earthquake, wind, flood or other hazard, or other appropriate projects 
that will increase structures' disaster resistance.
    Mitigation projects focusing on those areas or properties that 
sustain the greatest disaster damage on a repetitive basis have a high 
potential for cost-effectiveness and, therefore, may significantly 
reduce or eliminate repeated federal disaster relief and assistance 
payments.
    Under this routine use, FEMA may also disclose this information for 
enforcement purposes to enable States and communities to ensure 
property owners repair or rebuild their structures in conformance with 
applicable hazard-specific building codes, standards, and ordinances. 
Rebuilding structures to conform to these requirements will increase 
the structures' disaster resistance and, thus, significantly reduce or 
eliminate repeated payments out of federal disaster relief and 
assistance funds.

    Dated: July 21, 1999.
Ernest B. Abbott,
General Counsel.
    The entire text of the system of records affected by this notice 
and Appendixes A and AA to FEMA/REG-2 follow:
FEMA/REG-2

System name:
    Disaster Recovery Assistance Files.

Security classification:
    Unclassified.

System location:
    FEMA National Processing Service Centers.

Categories of individuals covered by the system:
    Individuals who apply for disaster recovery assistance following 
Presidentially declared major disasters or emergencies.

Categories of records in the system:
    (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 we refer applicants for 
assistance, flood zones, preliminary determinations of eligibility for 
disaster assistance).
    (b) Inspection reports (FEMA Form 90-56, Inspection Report) contain 
identification information, and results of surveys 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 apply 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, 
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

[[Page 40598]]

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 FEMA requires. As to individuals, we keep the same 
type of information as described above under registration, inspection, 
and temporary housing assistance records. As to administrative and 
reporting requirements, we use FEMA Forms 76-27, 76-28, 76-30, 76-32, 
76-34, 76-35, 76-38. We also use State administrative planning formats.

Authority for maintenance of the system:
    The Robert T. Stafford Disaster Relief and Emergency Assistance 
Act, Pub. L. 93-288 as amended; Reorganization Plan No. 3 of 1978.

Purpose(s):
    To register applicants needing disaster assistance, to inspect 
damaged homes, to verify information provided by the applicant, to make 
eligibility determinations for that assistance, and to identify and 
implement measures to reduce future disaster damage.

Routine uses of records maintained in the system, including categories 
of users and the purposes of such uses:
    (a) When an applicant seeks assistance from another Federal agency, 
a State government, local government, or volunteer agency charged with 
administering disaster relief programs, and FEMA receives a written 
request from that agency, we may disclose applicant information to that 
agency as necessary to prevent a duplication of efforts in determining 
eligibility. We may disclose only information from this system of 
records relevant to that agency's particular assistance program(s). The 
requesting agency is not permitted to change disclosed FEMA records.
    (b) To the extent that eligibility, in whole or in part, for a 
disaster assistance program depends on eligibility for assistance from 
another program or receipt of benefits from another source for the same 
purpose, we may, in response to a written request, disclose information 
to relevant agencies, organizations, and institutions only as necessary 
to determine and prevent duplication of benefits (section 3l2 of the 
Stafford Act).
    (c) In response to a written request, we may disclose information 
from this system of records to Federal, State, or local government 
agencies charged with the implementation of hazard mitigation measures 
and the enforcement of hazard-specific provisions of building codes, 
standards, and ordinances. We may disclose only information necessary 
for the following purposes:
     For hazard mitigation planning purposes to assist States 
and communities in identifying high-risk areas and preparing mitigation 
plans that target those areas for hazard mitigation projects 
implemented under Federal, State or local hazard mitigation programs; 
and
     For enforcement purposes to enable State and communities 
to ensure that owners repair or rebuild structures in conformance with 
applicable hazard-specific building codes, standards, and ordinances.
    (d) Additional routine uses may include those uses identified at 
Nos. 1, 2, 3, 5, 6, and 8 of Appendix A.

Disclosure to consumer reporting agencies:
    Under 5 U.S.C. 552a(b)(12): We may make disclosures 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.

Policies and practices for storing, retrieving, accessing, retaining, 
and disposing of records in the system:
Storage:
    Interactive database; computer discs, records in file folders.

Retrievability:
    By name, address, social security number, case file numbers.

Safeguards:
    Hardware and software computer security measures; paper files in 
locked file cabinets or rooms; buildings are secured during non-
business hours by building guards.

Retention and disposal:
    Because of varying record schedules applicable to this system of 
records, we have broken down the paragraphs under the categories of 
records section for easy reference. Records covered by paragraphs (a) 
through (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.

System manager(s) and address:
    We list the addresses of Regional Directors of FEMA in Appendix AA; 
the Director, Human Services Division, Response and Recovery 
Directorate, 500 C Street SW., Washington, DC 20472.

Notification procedures:
    You should address Inquiries 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, you should be able to provide some acceptable 
identification, that is, driver's license, employing office's 
identification card, or other identification data.

Records access procedures:
    Same as notification procedure above.

Contesting records procedure:
    Same as notification procedure above. The letter should state 
clearly and concisely what information you are contesting, the reasons 
for contesting it, and the proposed amendment to the information that 
you seek. FEMA Privacy Act regulations are at 44 CFR part 6.

Record source categories:
    Applicants for disaster recovery assistance; credit rating bureaus, 
financial institutions, insurance companies and agencies providing 
disaster relief.

Systems exempted from certain provisions of the act:
    None.

Appendix A

    Introduction to Routine Uses: We have identified certain routine 
uses that are applicable to many of our systems of record notices. 
We will list the specific routine uses applicable to an individual 
system of record notice under the ``Routine Use'' section of the 
notice itself, which will correspond to the numbering of the routine 
uses published below. We are publishing these uses only once in the 
interest of simplicity and economy, rather than repeating them in 
every individual system notice.
    1. Routine Use--Law Enforcement: We may disclose as a routine 
use a record from any of our system of records that indicates either 
by itself or in combination with other information that we have, a 
violation or potential violation of law, whether civil, criminal or 
regulatory, and whether arising by general statute, or by 
regulation, rule or order. We may disclose these records to the 
appropriate agency whether Federal, State, territorial, local or 
foreign, or foreign agency or professional organization, responsible 
for enforcing, implementing, investigating, or prosecuting such 
violation or for implementing the statute, rule, regulation or 
order.
    2. Routine Use--Disclosure When Requesting Information: We may 
disclose as a routine use a record from our system of records to a 
Federal, State, or local agency maintaining civil, criminal, 
regulatory,

[[Page 40599]]

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: We may 
disclose as a routine use a record from our system of records to a 
Federal agency in response to a written request in connection with 
hiring or retaining an employee, 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.
    4. Routine Use--Grievance, Complaint, Appeal: We may disclose as 
a routine use a record from our system of records to an authorized 
appeal or grievance examiner, formal complaints examiner, equal 
employment opportunity investigator, arbitrator, or other duly 
authorized official investigating or settling a grievance, 
complaint, or appeal filed by an employee. We may also disclose as a 
routine use a record from this system of records to the Office of 
Personnel Management under that agency's responsibility to evaluate 
Federal personnel management.
    To the extent that official personnel records in our custody are 
covered within systems of records published by the Office of 
Personnel Management as government-wide records, we will consider 
those records as a part of that government-wide system. We may 
transfer as a routine use to the Office of Personnel Management 
under official personnel programs and activities other official 
personnel records covered by notices that we published and that we 
consider are separate systems of records.
    5. Routine Use--Congressional Inquiries: If the individual 
subject of the record asks us to disclose the information, we may 
disclose as a routine use a record from our system of records to a 
Member of Congress or to a congressional staff member in response to 
an inquiry from the congressional office.
    6. Routine Use--Private Relief Legislation: We may disclose as a 
routine use the information contained in our system of records to 
the Office of Management and Budget at any stage of the legislative 
coordination and clearance process set out in OMB Circular No. A-19.
    7. Routine Use--Disclosure to the Office of Personnel 
Management: We may disclose as a routine use a record from our 
system of records 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: We may disclose as a routine use a record from our 
system of records to the National Archives and Records 
Administration in records management inspections conducted under the 
authority of 44 U.S.C. 2904 and 12906.
    9. Routine Use--Grand Jury: We may disclose as a routine use a 
record from our system of records to a grand jury agent under a 
Federal or State grand jury subpoena, or under a prosecution request 
that we release such record for introduction to a grand jury.

Appendix AA

    Addresses for FEMA Regional Offices:
    Region I--Regional Director, FEMA, room 442, J.W. McCormack Post 
Office and Courthouse Building, Boston, MA 02109-4595;
Region II--Regional Director, FEMA, 26 Federal Plaza, room 1338, New 
York, NY 10278-0002;
Region III--Regional Director, FEMA, Liberty Square Building (Second 
Floor), 105 South Seventh Street, Philadelphia, PA 19106-3316;
Region IV--Regional Director, FEMA, 3003 Chamblee-Tucker Road, 
Atlanta, GA 30341;
Region V--Regional Director, FEMA, 175 West Jackson Blvd., 4th 
Floor, Chicago, IL 60604-2698;
Region VI--Regional Director, FEMA, Federal Regional Center, 800 
North Loop 288, Denton, TX 76201-3698;
Region VII--Regional Director, FEMA, 2323 Grand Boulevard, room 900, 
Kansas City, MO 64108-2670;
Region VIII--Regional Director, FEMA, Denver Federal Center, 
Building 710, Box 25267, Denver, CO 80225-0267;
Region IX--Regional Director, FEMA, Building 105, Presidio of San 
Francisco, CA 94129-1250;
Region X--Regional Director, FEMA, Federal Regional Center, 130 
228th Street, SW, Bothell, WA 98021-9796;
[FR Doc. 99-19142 Filed 7-26-99; 8:45 am]
BILLING CODE 6718-05-P