[Federal Register Volume 66, Number 195 (Tuesday, October 9, 2001)]
[Notices]
[Pages 51436-51438]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 01-25241]


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FEDERAL EMERGENCY MANAGEMENT AGENCY


Privacy Act Systems of Records; Amendment to Existing Routine 
Uses

AGENCY: Federal Emergency Management Agency (FEMA).

ACTION: Notice of amendment to routine uses.

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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 amendments to 
two routine uses to our existing system of records entitled, FEMA/REG-
2, Disaster Recovery Assistance Files. We have clarified the language 
in routine uses (a) and (b) to better distinguish the two eligibility-
related routine uses. We have updated the designation of system 
manager. We are also giving notice of the availability of previously 
published routine use (c), regarding hazard mitigation planning and 
building code enforcement.

EFFECTIVE DATES: Routine uses (a) and (b) are effective for major 
disasters and emergencies declared on or after September 11, 2001. 
Routine use (c) was effective for major disasters and emergencies 
declared on or after April 7, 2000. Other minor modifications to this 
system are effective October 9, 2001.

ADDRESSES: Rules Docket Clerk, Federal Emergency Management Agency, 
Office of General Counsel, room 840, 500 C Street SW., Washington, DC 
20472, or (email) [email protected].

FOR FURTHER INFORMATION CONTACT: Eileen Leshan, 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; September 23, 1996, 
61 FR 49777, and July 27, 1999, 64 FR 40596. We do not need to provide 
an altered system of records report as required by 5 U.S.C. 552a(r), 
because this is a minor change to the system of records.
    This change is to clarify and simplify the language of two existing 
routine uses, (a) and (b). This amendment will not change the type or 
amount of information collected or released. An additional minor 
modification includes an update to the designation of system manager. 
Finally, this notice will make the public aware that, although on July 
27, 1999, (Volume 64, Number 143) FEMA published notice of a new 
routine use (c), which allows us to disclose information from this 
system of 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, FEMA will release 
information under that routine use only for disasters declared on or 
after April 7, 2000. This is because we are required under the Privacy 
Act to give notice to our applicants of the purposes for which we might 
disclose their information, and, such notice was not provided on 
application forms until that date.

    Dated: October 2, 2001.
Michael D. Brown,
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, degree of damage incurred, 
income information, programs to which we refer applicants for 
assistance, flood zones, location and height of high water level, 
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 real and 
personal 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

[[Page 51437]]

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 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, and 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, 42 U.S.C. 5121--5206; 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) We may disclose applicant information to certain agencies as 
necessary and as described below to prevent a duplication of efforts or 
a duplication of benefits in determining eligibility for disaster 
assistance. We may disclose only information from this system of 
records relevant to that agency's particular assistance program(s). The 
receiving agency is not permitted to change disclosed FEMA records. We 
may make such disclosures under the following circumstances:
    (i) To another Federal agency or State government agency charged 
with administering disaster relief programs, and
    (ii) When an applicant seeks assistance from a local government 
agency or voluntary agency (as defined at 44 CFR 206.2) charged under 
legislation or charter with administering disaster relief programs, and 
FEMA receives a written request from that local government or voluntary 
agency that includes the applicant's name, date of birth and damaged 
dwelling address. FEMA shall not release lists of names to local 
government agencies or voluntary agencies routine use (a)(ii).
    (b) When eligibility, in whole or in part, for a FEMA disaster 
assistance program depends on benefits received or available from 
another source for the same purpose, we may disclose information to 
relevant agencies, organizations, and institutions only as necessary to 
obtain information in order to determine and prevent duplication of 
benefits (as described in section 312 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:
    (i) 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
    (ii) 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:
    Disclosure 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 and Regional Readiness, 
Response and Recovery Division Chiefs of FEMA in Appendix AA; and the 
Division Director, Recovery Division, Readiness, 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

[[Page 51438]]

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, 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.

[FR Doc. 01-25241 Filed 10-5-01; 8:45 am]
BILLING CODE 6718-02-P