[Privacy Act Issuances (2003)]
[From the U.S. Government Publishing Office, www.gpo.gov]
FEDERAL EMERGENCY MANAGEMENT AGENCY
Table of Contents
FEMA/ADM-1, Office Files.
FEMA/ADM-2, Office Services File System.
FEMA/ADM-3, Federal Advisory and Other Committee Files.
FEMA/CGC-1, Cerro Grande Fire Assistance Claim Files.
FEMA/EX-1, Biographies.
FEMA/EX-2, President's and Director's Award Nominees.
FEMA/FIA-1, Federal Crime Insurance Program.
FEMA/FIMA-2, National Flood Insurance Direct Servicing Agent
Application and Related Documents Files.
FEMA/FIMA-3, National Flood Insurance Bureau and Statistical Agent
(BSA) Data Elements and Related Files.
FEMA/FIMA-4, National Flood IOnsurance Program Marketing Records and
Related Files.
FEMA/FIMA-5, National Flood Insurance Program Telephone Response
Center (TRC) Consumer and Policyholder Records and Related
Documents Files.
FEMA/FIMA-6, National Flood Insurance Special Direct Facility (SDF)
Repetitive Loss Target Group Records and Related Loss.
FEMA/FIMA-7, National Flood Insurance Community Rating System and
Related Documents Files.
FEMA/GC-1, Claim (litigation).
FEMA/GOVT-1, National Defense Executive Reserve System.
FEMA/IG-1, General Investigative Files.
FEMA/MIT-7, Flood Map Customer Records
FEMA/NETC-1, Student Application and Registration Records
FEMA/NETC-2, Emergency Management Training Program Home Study Courses
FEMA/NETC-3, Records of Alleged Misconduct of Students Attending
Training Courses at the National Emergency Training Center.
FEMA/NETC-4, Associate Faculty Tracking System.
FEMA/NP-1, Emergency Assignment System.
FEMA/NP-2, Key Personnel Central Locator List.
FEMA/OC-1, Travel and Transportation Accounting.
FEMA/OC-2, Debt Collection Files.
FEMA/OT-4, Associate Faculty Tracking System.
FEMA/PER-1, Grievance Records.
FEMA/PER-2, Equal Employment Opportunity Complaints of Discrimination
Files.
FEMA/PER-3, Payroll and Leave Accounting.
FEMA/REG-1, State and Local Civil Preparedness Instructional Program
(SLCPIP).
FEMA/REG-2, Disaster Recovery Assistance Files.
FEMA/SEC-1, Security Support System.
FEMA/SLPS-1, Application for Enrollment in Architectural Engineering
Professional Development Program.
FEMA/SLPS-2, Military Reserve Program.
FEMA/SLPS-3, Radioactive Materials Inventory.
FEMA/SLPS-4, Maintenance and Calibration.
FEMA/SLPS-5, Radiation Exposure and Radioactive Materials; Radiation
Committee Records.
FEMA/SLPS-6, Temporary and Permanent Personal and Real Property
Acquisitions and Relocation Files.
FEMA/VOL-1, Citizen Corps Database.
FEMA/ADM-1
System name: Office Files.
Security classification:
Unclassified.
System location:
A central file for correspondence through August 31, 1990, is
maintained by the Office of Administrative Support, Federal Emergency
Management Agency, Washington, DC 20472. After August 31, 1990, the
individual program and staff offices at headquarters will maintain
their own official records. Files are also maintained by the National
Emergency Training Center and all Regional offices. Addresses for the
Regional Offices are listed in Appendix AA.
Categories of individuals covered by the system:
Individuals, including Congress, from whom an inquiry or request
is received and from whom a reply is addressed. Transmittals for
publications, etc., are not retained.
Categories of records in the system:
Correspondence applicable to the internal administration of the
Agency; e.g., accounting, correspondence pertinent to the personnel
program, budget, procurement, administrative services, etc.,
congressional correspondence, public affairs activities,
correspondence concerning regional activities, equal opportunity,
program analysis and evaluation, operations support (communications
and computer services, operations center activities), Federal
Insurance Administration, U.S. Fire Administration, training and
education activities, activities concerning nationwide plans and
preparedness for peacetime and wartime emergencies, hazard
mitigation, research program relative to Agency missions, Federal
disaster assistance program activities.
Authority for maintenance of the system:
5 U.S.C. 301; 44 U.S.C. 3101; 50 U.S.C. App. 2253; E.O. 12127;
E.O. 12148; and Reorganization Plan No. 3.
Purpose(s):
For the purpose of maintaining a record and background material
concerning inquiries made to FEMA and FEMA responses.
Routine uses of records maintained in the system, including
categories of users and the purposes of such uses:
Routine uses may include any of the uses listed in Appendix A.
Policies and practices for storing, retrieving, accessing,
retaining, and disposing of records in the system:
Storage:
Paper records are maintained in file folders.
Retrievability:
Alphabetically by inquirer's name, except that responses to
Congressional inquiries are filed separately.
Safeguards:
Paper records are maintained in locked containers and/or room.
All records are maintained in areas that are secured by building
guards during non-business hours. Records are retained in areas
accessible only to authorized personnel who are properly screened,
cleared and trained.
Retention and disposal:
Records are covered by General Records Schedule 23 and FEMA
Schedule N1-311-86-1, 1-G-1. Office administrative files are
destroyed when 2 years old or when no longer needed, whichever is
sooner. Records containing substantive information relating to the
official activities of high level officials are considered permanent
and will be offered to the National Archives.
System manager(s) and address:
A central files for correspondence through August 31, 1990, is
maintained by the Office of Administrative Support, Federal Emergency
Management Agency, Washington, DC 20472. After August 31, 1990, the
individual program and staff offices at Headquarters may maintain
their own official records. After August 31, 1990, requests for
Headquarters and National Emergency Training Center records may be
addressed to the FOIA/Privacy Specialist, Federal Emergency
Management Agency, Washington, DC 20472. Addresses for the Regional
Offices are listed in Appendix AA.
Notification procedure:
Individuals wishing to inquire whether this system of records
contains information about themselves should contact the system
manager identified above. Written requests should be clearly marked
``Privacy Act Request'' on the envelope and letter. Requests should
include full name of the individual, some type of appropriate
personal identification, and current address.
For personal visits, the individuals should be able to provide
some acceptable identification, that is, driver's license, employing
organization's identification card, or other identification card.
Record access procedures:
Same as Notification procedures above.
Contesting record procedures:
Same as Notification procedures 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 promulgated in 44 CFR part 6.
Record source categories:
All records in the system consist of FEMA generated records
according to a request or inquiry from the individual.
Systems exempted from certain provisions of the act:
None.
FEMA/ADM-2
System name: Office Services File System.
Security classification:
Unclassified.
System location:
Office of Administrative Support, Federal Emergency Management
Agency, Washington, DC 20472; National Emergency Training Center and
all Regional offices. Addresses for the Regional Offices are listed
in Appendix AA.
Categories of individuals covered by the system:
All employees of FEMA, headquarters and field, including full
time permanent, part time, temporary and consultants.
Categories of records in the system:
FEMA Form 61-14, Motor Vehicle Usage Records; Standard Form 91,
accident report file; memoranda regarding car pools and parking
pools; and telephone directories which contain no personal
information but serve as a means of locating individuals during
business hours. Authority for maintenance of the system: 5 U.S.C.
301; 50 U.S.C. App. 2253; 50 U.S.C. App. 2253; E.O. 12127; E.O.
12148; and Reorganization Plan No. 3.
Purpose(s):
For the in-house use of identifying FEMA employees authorized to
operate Government vehicles; to record individuals and vehicles
involved in accidents involving FEMA-owned or leased vehicles; to
maintain a record of FEMA employees authorized official parking
spaces; and to maintain telephone directories which contain no
personal information but serve as a means of locating individuals
during business hours.
Routine uses of records maintained in the system, including
categories of users and the purposes of such uses:
Routine uses may include any of the uses listed in Appendix A.
Policies and practices for storing, retrieving, accessing,
retaining, and disposing of records in the system:
Storage:
Paper records are maintained in file folders.
Retrievability:
By last name of employee or organizational element.
Safeguards:
Paper records are maintained in locked containers and/or room.
All records are maintained in areas that are secured by building
guards during non-business hours. Records are retained in areas
accessible only to authorized personnel who are properly screened,
cleared and trained.
Retention and disposal:
Telephone directories become obsolete when updated records are
prepared. Obsolete records and directories are destroyed. Motor
vehicle records are covered by General Records Schedule 10. Motor
Vehicle Operating and Maintenance files are destroyed when 3 months
old. Motor Vehicle Accidents files are destroyed 6 years after case
is closed. Disposition of other correspondence not covered in this
section shall be destroyed when 2 years old or in accordance with
General Records Schedule 23.
System manager(s) and address:
Director, Office of Administrative Support, Federal Emergency
Management Agency, Washington, DC 20472; all Regional Directors of
FEMA, addresses are listed in Appendix AA.
Notification procedure:
Individuals wishing to inquire whether this system of records
contains information about themselves should contact the system
manager identified above. Written requests should be clearly marked
``Privacy Act Request'' on the envelope and letter. Requests should
include full name of the individual, some type of appropriate
personal identification, and current address.
For personal visits, the individuals should be able to provide
some acceptable identification, that is, driver's license, employing
organization's identification card, or other identification card.
Record access procedures:
Same as Notification procedures above.
Contesting record procedures:
Same as Notification procedures 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 promulgated in 44 CFR part 6.
Record source categories:
All records are FEMA generated records based on data submitted by
the employee.
Systems exempted from certain provisions of the act:
None.
FEMA/ADM-3
System name: Federal Advisory and Other Committee Files.
Security classification:
Unclassified.
System location:
Office of Administrative Support, Federal Emergency Management
Agency, Washington, DC 20472; National Emergency Training Center,
Federal Emergency Management Agency, 16825 South Seton Avenue,
Emmitsburg, Maryland 21727; and all Regional offices. Addresses for
the Regional Offices are listed in Appendix AA.
Categories of individuals covered by the system:
Federal government employees on FEMA internal committees and on
interagency committees; architects and engineers and other persons
who are appointed to the FEMA sponsored Federal advisory committees.
Categories of records in the system:
Government employees--name, office address and name of employing
agency; Nongovernment employees--biographical material including name
of employer, title, address, legal voting residence, place and date
of birth, marital status, military service, education, registration
in professional societies work experience, record of performance,
publications authored, membership on other boards or committees,
professional awards, and other information which can be used to
determine fitness of individual to sit on the committee, such as
description of private associations.
Authority for maintenance of the system:
Pub. L. 92-463, Federal Advisory Committee Act, E.O. 12024, E.O.
12127 of March 31, 1979, E.O. 12148 of July 20, 1979, and
Reorganization Plan No. 3 of 1978.
Purpose(s):
For the purpose of maintaining a list of members of the various
Federal advisory committees, FEMA internal committees, and
interagency committees in order to provide them with information on
committee functions, meeting dates, agendas, and other purposes for
managing the committee activities. To ensure that FEMA participation
in private, nongovernmental associations, societies, etc., is limited
only to the extent of FEMA interest therein; to assure preparation
and submittal of certain input information that is needed for the
reports required by laws and issuance cited above; and to provide a
tool with which top management can assure that the terms of the
regulations regarding the creation and use of committees are being
complied with.
Routine uses of records maintained in the system, including
categories of users and the purposes of such uses:
Routine uses may include any of the uses listed in Appendix A.
Policies and practices for storing, retrieving, accessing,
retaining, and disposing of records in the system:
Storage:
Paper records are maintained in file folders.
Retrievability:
By name of the committee, society, or association; alphabetically
by name of individual Federal advisory committee member.
Safeguards:
Paper records are maintained in locked containers and/or room.
All records are maintained in areas that are secured by building
guards during non-business hours. Records are retained in areas
accessible only to authorized personnel who are properly screened,
cleaned and trained.
Retention and disposal:
Minutes of Federal advisory committee meetings and committee
member files are covered by FEMA Schedule N1-311-86-1, 5-A and are
permanent. Administrative files are maintained for 10 years.
System manager(s) and address:
Director, Office of Administrative Support Federal Emergency
Management Agency, Washington, DC 20472; all Regional Directors of
FEMA, addresses are listed in Appendix AA.
Notification procedure:
Individuals wishing to inquire whether this system of records
contains information about themselves should contact the system
manager identified above. Written requests should be clearly marked
``Privacy Act Request'' on the envelope and letter. Requests should
include full name of the individual, some type of appropriate
personal identification, and current address.
For personal visits, the individuals should be able to provide
some acceptable identification, that is, driver's license, employing
organization's identification card, or other identification card.
Record access procedures:
Same as Notification procedures above.
Contesting record procedures:
Same as Notification procedures 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 promulgated in 44 CFR part 6.
Record source categories:
Biographical information submitted by government or
nongovernmental individuals nominated for membership on Federal
advisory committees.
Systems exempted from certain provisions of the act:
None.
FEMA CGC-1
System name:
FEMA/CGC-1, Cerro Grande Fire Assistance Act Claim Files.
Security classification:
Unclassified.
System location:
Cerro Grande Fire Assistance Claims Office, New Mexico.
Categories of individuals covered by the system:
Injured parties claiming compensation for injury to person,
property, and economic losses resulting from the Cerro Grande fire of
May 2000, and subrogees of such injured parties.
Categories of records in the system:
(a) Records of claims include names, addresses, telephone
numbers, nature and amount of claim, insurance coverage information,
and evidence to support claim for the purpose of receiving
compensation.
(b) Inspection and appraisal reports containing identification
information relating to the claim and results of survey of damaged
property and goods.
(c) Supporting medical documentation.
(d) Notice of Loss forms, Proof of Loss forms, documents from
other agencies relating to the claim, general administrative and
fiscal information, payment schedules, and disposition of claims,
general correspondence, including requests for disbursement of
payments, contracts, leases, estimates for repair or replacement of
fire damaged/ destroyed residence or business.
(e) Claim decisions and appeals.
(f) Arbitration decisions, settlement/mediation agreements, and
other documents related to the arbitration or settlement process.
Authority for maintenance of the system:
Cerro Grande Fire Assistance Act, Pub. L. 106-246, 106th
Congress, 2d Session (2000), 114 Stat. 511, 584.
Purpose(s):
To register claims, evaluate and verify information provided by
claimants, inspect damaged property, make determinations for
compensation, and make determinations on claims relating to
reasonable mitigation efforts that reduce the risk of wildfire,
flood, or other natural disasters in the affected counties.
Routine uses of records maintained in the system, including
categories of users and the purposes of such uses:
The Privacy Act permits us to disclose information about
individuals without their consent for a routine use, i.e., when the
information will be used for a purpose that is compatible with the
purpose for which we collected the information. The routine uses of
this system are:
(a) Disclosure may be made to agency contractors who have been
engaged to assist the agency in the performance of a contract service
related to this system of records and who need to have access to the
records in order to perform the activity. Recipients must comply with
the requirements of the Privacy Act of 1974, as amended, 5 USC 552a.
(b) Disclosure may be made to a member of Congress or to a
Congressional staff member in response to an inquiry of the
Congressional office made at the written request of the constituent
about whom the record is maintained.
(c) Disclosure may be made to other Federal agencies that FEMA
has determined provided Cerro Grande fire-related assistance to
claimant in order to ensure that benefits are not duplicated.
(d) Disclosure of information submitted by an individual Claimant
may be made to an insurance company or other third party that has
submitted a subrogation claim relating to such Claimant when it is
necessary in FEMA's opinion to ensure that benefits are not
duplicated and to efficiently coordinate the processing of claims
brought by individuals and subrogees.
(e) Disclosure of property loss information may be made to local
governments in Los Alamos, Rio Arriba, Sandoval and Santa Fe counties
and the Pueblos of San Ildefonso and Santa Clara for the purpose of
preparing community-wide mitigation plans.
(f) When a record on its face, or in conjunction with other
records, indicates a violation or potential violation of law, whether
civil, criminal or regulatory in nature, and whether arising by
general statute or particular program statute, or by regulation,
rule, or order issued pursuant thereto, disclosure may be made to the
appropriate agency, whether Federal, foreign, State, local, or tribal
or other public authority responsible for enforcing, investigating or
prosecuting such violation or charged with enforcing or implementing
the statute, or rule, regulation, or order issued pursuant thereto,
if the information disclosed is relevant to any enforcement,
regulatory, investigative or prosecutive responsibility of the
receiving entity.
(g) Disclosure may be made to the National Archives and Records
Administration for the purpose of conducting records management
studies under the authority of 44 U.S.C. 2904 and 2906.
Disclosure to consumer reporting agencies:
Disclosures under 5 U.S.C. 552a (b)(12): 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).
Policies and practices for storing, retrieving, accessing,
retaining, and disposing of records in the system:
Storage:
Records in this system are stored in magnetic media (e.g.,
computer hard drives and computer disks) and on paper. Paper
printouts of these data are made when required for study. The system
may also contain photocopies of numerous documents and records, which
are filed in appropriate file folders.
Retrievability:
By name, address, and claim number.
Safeguards:
We will employ a number of security measures to minimize the risk
of unauthorized access to or disclosure of personal data in the
proposed system. These measures include the use of passwords and
access codes to enter the computer system which will maintain the
data, and storage of the computerized records and paper records in
secured areas that are accessible only to employees who require the
information in performing their official duties. Paper documents are
stored either in lockable file cabinets within locked rooms or in
otherwise secured areas. In addition, we will require contract
employees to comply with the safeguards that must be followed to
protect the data.
Retention and disposal:
The files are maintained at the Cerro Grande Fire Assistance
Claims Office until completion of a claim. After such time, the files
will be transferred to FEMA, 500 C Street, SW, Washington, DC for
three years, and then they will be transferred to the appropriate
Federal Records Center for seven years until they are destroyed.
Means of disposal are appropriate to the storage medium (e.g.,
erasure of disks, shredding of paper records, etc.)
System manager(s) and address:
Director, Cerro Grande Fire Administration Office, Federal
Emergency Management Agency, 1549 6th Street, Suite H, Santa Fe, NM
87505; and Federal Emergency Management Agency, Office of the General
Counsel, room 840, 500 C Street, SW, Washington, DC 20472.
Notification procedure:
An individual can find out whether this system of records
contains information about him/her by writing to the system manager
at the address shown above and providing his/her name and address.
Inquiries should be addressed to the System Manager. Written requests
should be clearly marked, ``Privacy Act Request'' on the envelope and
letter. Include full name, some type of appropriate personal
identification, and current address.
When requesting notification of records in person, the individual
should be able to provide some acceptable identification, such as a
driver's license, passport, employing office's identification card,
military identification card, student identification card or other
identification data.
Record access procedures:
Same as notification procedures described above. Individuals
requesting access to their records should also reasonably describe
the record(s) they are seeking.
Contesting records procedure:
Same as notification procedures described above. Individuals
contesting the contents of a record in the system should also
reasonably describe the record(s), specify the information being
contested, and state the corrective action sought with supporting
justification showing how the record is untimely, incomplete,
inaccurate, or irrelevant. FEMA Privacy Act regulations are located
at 44 CFR part 6.
Record source categories:
We obtain information in this system from claimants seeking
compensation under the Cerro Grande Fire Assistance Act, Pub. L. 106-
246, attorneys, claims adjusters, inspectors and appraisers,
insurance companies, medical officials, and Federal, State, and local
agencies.
System exempted from certain provisions of the act:
None.
FEMA/EX-1
System name: Biographies.
Security classification:
Unclassified.
System location:
Office of External Affairs, Public Affairs and Intergovernmental
Affairs Division, Federal Emergency Management Agency, Washington, DC
20472; National Emergency Training Center, Federal Emergency
Management Agency, Emmitsburg, Maryland 21727; and Regional Directors
of FEMA, addresses are listed in Appendix AA.
Categories of individuals covered by the system:
Key FEMA Headquarters and Regional staff, State and local
Emergency Management Directors/Coordinators, members of the FEMA
Advisory Board, and guest lecturers at the National Emergency
Training Center.
Categories of records in the system:
(a) Office of Public and Intergovernmental Affairs files contain
biographies of key officials from FEMA, including Headquarters and
Regional offices, state and local emergency management officials, key
State and local emergency management officials and members of the
FEMA Advisory Board; (b) Regional files contain biographies of key
Regional officials and State and local Emergency Management
Directors/Coordinators within regional geographical boundaries.
Includes FEMA Form 70-16, Notice of Appointment of Emergency
Management Directors/Coordinators; (c) National Emergency Training
Center files contain biographies of guest lecturers and other key
officials.
Authority for maintenance of the system:
44 U.S.C. 3101; E.O. 12148; E.O. 12127, and Reorganization Plan
No. 3 of 1978.
Purpose(s):
For the purpose of preparing speeches, correspondence and other
public releases in connection with emergency management programs.
Routine uses of records maintained in the system, including
categories of users and the purposes of such uses:
In response to requests from the media and any member of the
public requesting biographical data on key FEMA officials, names and
addresses of the State and local Emergency Management Directors/
Coordinators, and through issuance of public releases. The
biographies of guest lecturers are used as background in introducing
the lecturers to audiences attending the particular event.
Policies and practices for storing, retrieving, accessing,
retaining, and disposing of records in the system:
Storage:
Paper records in file folders.
Retrievability:
(a) Key FEMA officials and guest lecturers at the National
Emergency Training Center are filed alphabetically by name; (b) State
and local Emergency Management Directors/Coordinators are filed
alphabetically by State.
Safeguards:
Paper records in a locked container and/or room. All records are
maintained in areas that are secured by building guards during non-
business hours. Records are retained in areas accessbile only to
authorized personnel who are properly screened, cleared and trained.
Retention and disposal:
Records are covered by General Records Schedule 14 and FEMA
Schedule N1-311-86-1, 1C-1a. Biographies for FEMA officials,
headquarters and regional offices retained in active file until end
of calendar year after separation of employee, then retired Federal
Records Center for permanent retention. The biographies of State and
local Directors/Coordinators are retained in active file until end of
the calendar year after termination, then destroyed. The biographies
of guest lecturers are retained for purposes of the lecturer and if
no longer needed for future lecturers, they are destroyed.
System manager(s) and address:
For the biographies of key FEMA officials--Assistant Associate
Director, Public and Intergovernmental Affairs Division, Office of
External Affairs, Federal Emergency Management Agency, Washington, DC
20472; For State and local Emergency Management Directors/
Coordinators--Regional Director for the specific State, addresses are
listed in Appendix AA; For National Emergency Training Center files--
Director, Office of Training, Federal Emergency Management Agency,
National Emergency Training Center, 16825 Seton Avenue, Emmitsburg,
Maryland 21727.
Notification procedure:
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.
Record access procedures:
Same as notification procedure above.
Contesting record procedures:
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 promulgated in 44 CFR part 6.
Record source categories:
The key officials on whom biographies are maintained and other
knowledgeable sources.
Systems exempted from certain provisions of the act:
None.
FEMA/EX-2
System name: President's and Director's Award Nominees.
Security classification:
Unclassified.
System location:
Office of External Affairs, Public Affairs and Intergovernmental
Affairs Division, Federal Emergency Management Agency, Washington, DC
20472.
Categories of individuals covered by the system:
Individuals nominated to receive the President's Award for
Outstanding Public Safety Service and individuals nominated to
receive the Director's Award for Distinguished Public Safety Service.
Categories of records in the system:
Name and address of the candidate, his/her position and title,
whether the nomination is for the President's or Director's Award,
the public agency served, the locale where the candidate performs
his/her duties, the name of the nominating official, a summary
description of the outstanding contribution, distinguished service or
extraordinary valor of the nominee, and the relevant duties relating
thereto, and copies of any published factual accounts of the
nominee's accomplishments.
Authority for maintenance of the system:
15 U.S.C. 2214; E.O. 12127; E.O. 12148; and Reorganization Plan
No. 3 of 1978.
Purpose(s):
For the purpose of selecting individuals who have been nominated
to receive the President's Award for Outstanding Public Safety
Service and the Director's Award for Distinguished Public Safety
Service.
Routine uses of records maintained in the system, including
categories of users and the purposes of such uses:
(a) President's Award Nominees--Information about individuals
nominated for the President's Award is provided to selected members
of the public safety community, including but not limited to, fire
safety and protection organizations, state fire marshals and
firefighters, civil defense officers, and law enforcement,
corrections or court officers in connection with the evaluation and
selection of recipients. Information is also provided to the
Department of Justice, and the Executive Office of the President; (b)
Director's Award Nominees--Information is provided to selected
members of the fire service and civil defense community, including
but not limited to, fire safety and protection organizations, state
fire marshals, firefighters and civil defense officials in connection
with the evaluation and selection of recipients. When it appears that
a nominee's accomplishments are in the area of law enforcement,
nominations may be sent to the Department of Justice.
Additional routine uses may include Nos. 5 and 8 of Appendix A.
Policies and practices for storing, retrieving, accessing,
retaining, and disposing of records in the system:
Storage:
Paper records in file folders.
Retrievability:
Filed by file number and cross-referenced alphabetically by
nominee's name.
Safeguards:
Paper records are retained in a locked container and/or room. All
records are maintained in areas that are secured by building security
personnel during non-business hours. Records are retained in areas
accessible only to authorized personnel who are properly screened,
cleared and trained.
Retention and disposal:
Pending approval of the Archivist.
System manager(s) and address:
Assistant Associate Director, Public and Intergovernmental
Affairs Division, Office of External Affairs, Federal Emergency
Management Agency, Washington, DC 20472.
Notification procedure:
Inquiries should be addressed to the 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.
Record access procedures:
Same as notification procedure above.
Contesting records procedure: 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 promulgated in 44 CFR part 6.
Record source categories:
Heads of Federal government departments and agencies, governors
of states or territories, or chief executives of any general
governmental unit within any state or territory.
Systems exempted from certain provisions of the act:
None.
FEMA/FIA-1
System name: Federal Crime Insurance Program.
Security classification:
Unclassified.
System location:
Various offices of a servicing agent under contract to the
Federal Insurance Administration, Federal Emergency Management
Agency, Washington, DC 20472.
Categories of individuals covered by the system:
Individual policyholders.
Categories of records in the system:
FEMA Form 81-11, Residential Crime Insurance Policy; FEMA Form
81-12, Application for Residential Crime Insurance Policy; FEMA Form
81-13, Commercial Crime Insurance Policy; FEMA Form 81-14,
Application for Commercial Crime Insurance Policy; FEMA Form 81-41
Worksheet--Building; FEMA Form 81-41a Worksheet--Building
(Continuation); FEMA Form 81-40 Worksheet--Contents/Personal
Property; FEMA Form 81-46 Crime Insurance Sworn Statement and Proof
of Loss; FEMA Form 81-51, Policy Change Request; FEMA Form 81-36,
Abstract of Residential Policy Information; FEMA Form 81-37, Abstract
of Commercial Policy Information. These records include such
information as names of policyholder; addresses of insured premises;
type of premises; amounts and types of insurance desired; annual
premiums; claims information; record of claim payments; record of
premium payments; agent's name and address; other insurance held by
policyholder; inspection report or protective devices. This system
contains the taxpayer's identification number (which may be the
social security number).
Authority for maintenance of the system:
Urban Property Protection and Reinsurance Act of 1968; 12 U.S.C.
1749bbb, et seq.; E.O. 12127.
Purpose(s):
For the purpose of verifying coverage of Federal Crime Insurance,
issuing policies, claims adjusting and billing procedures.
Routine uses of records maintained in the system, including
categories of users and the purposes of such uses:
To the servicing company for the contract and insurance
adjustment firms retained by the servicing company for billing,
verification of coverage, claims adjusting and issuance of policies;
to property loss reporting bureaus; to State Insurance Departments
and insurance companies investigating fraud or potential fraud in
connection with burglary or robbery claims; to State property
insurance facilities, private sector property insurers; and insurance
agents and brokers for the purpose of providing crime insurance to
Federal crime insurance policyholders prior to and following the
expiration of the Federal Crime Insurance Program.
Routine uses may include Nos. 1, 2, 3, 5 and 8 of Appendix A.
Disclosure to consumer reporting agencies:
Disclosures pursuant to 5 U.S.C. 552a(b)(12): 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 Federal
Claims Collection Act of 1966 (31 U.S.C. 3701(a)(3)).
Policies and practices for storing, retrieving, accessing,
retaining, and disposing of records in the system:
Storage:
Tape/disc library and paper files.
Retrievability:
By name of the policyholders, taxpayer's identification number
(which may be the social security number) of policyholder or policy
number.
Safeguards:
Personnel screening, hardware and software computer security
measures; paper records are maintained in locked containers and/or
room. All records are maintained in areas that are secured by
building guards during non-business hours. Records are retained in
areas accessible only to authorized personnel who are properly
screened, cleared and trained.
Retention and disposal:
Information is partly current and partly historical. Retention of
records shall be for 6 years or until no longer needed. Disposition
of records shall be in accordance with the FEMA Records Schedule N1-
311-86-1, 2A12 and 2A13.
System manager(s) and address:
Federal Insurance Administrator, Federal Emergency Management
Agency, Washington, DC 20472.
Notification procedure:
Individuals wishing to inquire whether this system of records
contains information about themselves should contact the system
manager identified above. Written requests should be clearly marked
``Privacy Act Request'' on the envelope and letter. Requests should
include full name of the individual, some type of appropriate
personal identification, and current address.
For personal visits, the individuals should be able to provide
some acceptable identification, that is, driver's license, employing
organization's identification card, or other identification card.
Record access procedures:
Same as Notification procedures above.
Contesting record procedures:
Same as Notification procedures 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 promulgated in 44 CFR part 6.
Record source categories:
Individual policyholders; police reports (for verification of
claims data); servicing companies (for verification of claims data).
Systems exempted from certain provisions of the act:
None.
FEMA-FIMA-2
System name:
National Flood Insurance Direct Servicing Agent Application and
Related Documents Files.
Security classification:
Unclassified.
System location:
Various offices of a servicing agent under contract to the
Federal Insurance and Mitigation Administration, Federal Emergency
Management Agency, Washington, DC 20472. We also provide copies of
some files to the FEMA Regional offices when they request additional
information.
Categories of individuals covered by the system:
Applicants for individual flood insurance and individuals
insured.
Categories of records in the system:
------------------------------------------------------------------------
Form Title of form
------------------------------------------------------------------------
FEMA Form 81-64................... Applications for Participation in
the National Flood Insurance
Program.
FEMA Form 81-16................... Flood Insurance Application.
FEMA Form 81-18................... Flood Insurance General Change
Endorsements.
FEMA Form 81-23................... Request for Policy Processing and
Renewal Information.
FEMA Form 81-17................... Flood Insurance Cancellation/
Nullification Request Form.
FEMA Form 81-67................... Flood Insurance Preferred Risk
Policy Application.
FEMA Form 81-31................... National Flood Insurance Program
Elevation Certificate.
FEMA Form 81-65................... National Flood Insurance Program
Floodproofing Certificate.
FEMA Form 81-25................... V Zone Risk Factor Rating Form.
FEMA Form 81-40................... National Flood Insurance Program
Worksheet--Contents.
FEMA Form 81-41................... National Flood Insurance Program
Worksheet--Building.
FEMA Form 41a..................... National Flood Insurance Program
Worksheet--Building.
FEMA Form 81-42................... National Flood Insurance Proof of
Loss.
FEMA Form 81-43................... National Flood Insurance Program
Notice of Loss.
FEMA Form 81-44................... Statement as to full cost of repair
or replacement under the
replacement cost coverage, subject
to the terms and conditions of the
Standard Flood Insurance Policy.
FEMA Form 81-45................... Adjuster's Short Form Report.
FEMA Form 81-57................... National Flood Insurance Program
Preliminary Report.
FEMA Form 81-58................... National Flood Insurance Program
Final Report.
FEMA Form 81-59................... National Flood Insurance Program
Narrative Report.
FEMA Form 81-63................... National Flood Insurance Program
Cause of Loss/Subrogation Report.
------------------------------------------------------------------------
This system may contain information regarding the name of the
bank/lender, date of mortgage, address of the bank/lender and if
available, information on every loan placed on the property during
the current owner's tenure. This system may also contain the
taxpayers' identification number, which may be the social security
number.
Authority for maintenance of the system:
National Flood Insurance Act of 1968 and Flood Disaster
Protection Act of 1973, 42 U.S.C. 4001-4129; 5 U.S.C. 301;
Reorganization Plan No. 3 of 1978, 3 CFR, 1978 Comp., p. 329; and
E.O. 12127, 3 CFR, 1979 Comp., p. 376.
Purpose(s):
To carry out the National Flood Insurance Program and verify
nonduplication of benefits.
Routine uses of records maintained in the system, including
categories of users and the purposes of such uses:
To insurance agents, brokers, adjusters and lending institutions
NFIP policy and claims records for carrying out the purposes of the
National Flood Insurance Program and verifying nonduplication of
benefits.
To states, Group Flood Insurance Program (GFIP) certificates are
provided for carrying out the purposes of the National Flood
Insurance Program.
To the Bureau and Statistical Agent, the Direct Servicing Agent
provides Transaction Records Reporting and Processing Plan updates
regarding policy and claims transactions.
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. 1661a(f)) or the Federal Claims
Collection Act of 1966 (31 U.S.C. 3701(a)(3)).
Policies and practices for storing, retrieving, accessing,
retaining, and disposing of records in system:
Storage:
Magnetic Tape/disc/microfilm and paper files.
Retrievability:
By name of the policyholder(s) and policy number.
Safeguards:
Personnel screening, hardware and software computer security
measures; we maintain paper records in locked containers and/or room.
We maintain all records in secure areas by card key access during
non-business hours. We retain records in areas accessible only to
authorized personnel, who are properly screened, cleared and trained.
Retention and disposal:
We keep policy records as long as the owner desires insurance and
pays premiums, and for an appropriate time thereafter and we keep
claim records for 6 years and 3 months after final action, unless
litigation exists. We will dispose of records in accord with FEMA
Records Schedule N1-311-86-1, 2A12 and 2A13.
System manager(s) and address:
Administrator, Federal Insurance and Mitigation Administration,
Federal Emergency Management Agency, Washington, DC 20472.
Notification procedure:
Individuals wishing to inquire whether this system of records
contains information about themselves should contact the system
manager identified above. Written requests should be clearly marked
``Privacy Act Request'' on the envelope and letter. Requests should
include the 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, a driver's license, employing organization's
identification card, or other identification card.
Record access procedures:
Same as Notification procedure above.
Contesting record procedures:
Same as Notification procedures 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 published in 44 CFR part 6.
Record source categories:
Individuals who apply for flood insurance under the National
Flood Insurance Program and individuals who are insured under the
program.
Exemptions claimed for the system:
None.
FEMA/FIMA-3
System name:
National Flood Insurance Bureau and Statistical Agent (BSA) Data
Elements and Related Files.
Security classification:
Unclassified.
System location:
Various offices of a statistical agent under contract to the
Federal Insurance and Mitigation Administration, Federal Emergency
Management Agency, Washington, DC 20472.
We also provide copies of some of the files to the FEMA Regional
offices when additional information is requested from them.
Categories of individuals covered by the system:
Data elements regarding individuals insured.
Categories of records in the system:
The NFIP has entered into an ``Arrangement'' with participating
private insurance companies for the sale of flood insurance policies.
Under the terms of the ``Arrangement'', the private insurance
companies have reporting requirements applicable to the writing and
servicing of policies issued, advanced in the Transaction Record
Reporting and Processing (TRRP) Plan. The data elements required by
the TRRP plan essentially form the system of records for FEMA/FIMA's
Bureau and Statistical Agent contract. The categories of records in
the system follow:
(a) Data elements records for New Business.
(b) Data elements records for Policy Reinstatement Without Policy
Changes.
(c) Data elements records for Policy Reinstatement With Policy
Change.
(d) Data elements for Renewals.
(e) Data elements for Endorsements.
(f) Data elements for Policy Correction.
(g) Data elements for Cancellation.
(h) Data elements for Cancellation Correction.
(i) Data elements for Open Claim/Loss-Reserve.
(j) Data elements for Reopen Claim/Loss.
(k) Data elements for Change Reserve.
(l) Data elements for Partial Payment.
(m) Data elements for Close Claim/Loss.
(n) Data elements for Close Claim Loss Without Payment.
(o) Data elements for Addition to Final Payment.
(p) Data elements for Recovery After Final Payment.
(q) Data elements for General Claim/Loss Correction.
(r) Data elements for Claim Payment Correction.
(s) Data elements for Recovery Correction.
(t) Data elements for Special Allocated Loss Adjustment Expense.
(u) Data elements for Special Allocated Loss Adjustment Expense
Correction.
(v) Data elements for Change Policy Number Key.
(w) Data elements for Change Date of Loss Key.
(x) Data elements for Change Claims Payment Date Key.
(y) Data elements for Lender Data (Expired Policy Notification).
(z) Adjuster Certification Application.
(aa) NFIP Listing of 1316 Properties.
Authority for maintenance of the system:
National Flood Insurance Act of 1968 and the Flood Disaster
Protection Act of 1973, 42 U.S.C. 4001-4129, 5 U.S.C. 301,
Reorganization Plan No.3 of 1978, 3 CFR, 1978 Comp., p. 329; and
E.O.12127, 3 CFR, 1979 Comp, p. 376.
Purpose(s):
To carry out the National Flood Insurance Program and verify
nonduplication of benefits.
Routine uses of records maintained in the system, including
categories of users and the purposes of such uses:
------------------------------------------------------------------------
Category of users Purposes
------------------------------------------------------------------------
1. To property loss reporting investigating fraud or potential
bureaus, State insurance fraud in connection with claims,
departments, and insurance subject to the approval of the
companies. Office of Inspector General, FEMA.
2. To insurance adjusters, and for carrying out the purposes of the
lending institutions. National Flood Insurance Program.
3. To FEMA's readiness, Recovery for determining eligibility for
and Response Directorate, The benefits and for verification of
Army Corps of Engineers, Small nonduplication of benefits
Business Administration, the following a flooding event or
American Red Cross, the Farm disaster.
Service Agency for USDA, State
and local government individual
and family grant and assistance
agencies.
4. To Write-Your-Own companies as to avoid duplication of benefits
authorized in 44 CFR 62.23. following a flooding event or
disaster and for carrying out the
purposes of the National Flood
Insurance Program.
5. To State and local government to permit such agencies to assess
individual and family grant the degree of financial burdens
agencies. toward residents such as States and
local governments might reasonably
expect to assume in the event of a
flooding diaster and to further the
flood insurance marketing
activities of the National Flood
Insurance Program.
6. To State and local government for review by the Administrator,
agencies that provide the names Federal Insurance Mitigation
and address of policyholders and Adminstration to ensure that their
a brief general description of State or local government agency is
their plan for acquiring and engaged in flood plain management,
relocating their flood prone improved real property
properties. acquisitions, and relocation
projects that are consistent with
the National Flood Insurance
Program and, upon the approval by
the Administrator, Federal
Insurance and Mitigation
Administration, that the use
furthers flood plain management and
hazard mitigation goals of the
Agency.
7. To the Army Corps of Engineers, to review National Flood Insurance
state and local government Program policy and claim files to
agencies and municipalities. assist them in hazard mitigation
and flood plain management
activities and in monitoring
compliance with the flood plain
management measures duly adopted by
the community.
8. To state governments, federal for carrying out the purposes of the
agencies, and federal financial National Flood Insurance Program.
instrumentalities responsible for
the supervision, approval,
regulation or insuring of banks,
savings and loan associations or
similar institutions.
9. To private companies engaged in NFIP records may be released to aid
or planning to engage in efforts of lenders and mortgage
activities to market or assist servicing companies to comply with
lenders and mortgage servicing the requirements of the Flood
companies. Disaster Protection Act of 1973 and
to market the sale of flood
insurance policies under the
National Flood Insurance Program.
10. To lending institutions, NFIP records may be released to
mortgage servicing companies and secure flood insurance protection
others servicing mortgage loan for those properties that are a
portfolios. part of a lending institution's
mortgage portfolio to assure lender
compliance with the flood insurance
purchase requirements of the Flood
Disaster Protection Act of 1973.
11. To current owners of the dates and dollar amounts of loss
properties designated under the payments made to prior owners may
National Flood Insurance Program be released so that owners may
as Repetitive Loss Target Group evaluate whether that designation
properties. is appropriate and may, if they
believe the designation is not
appropriate, use the information to
appeal that designation.
12. To the Special Direct Facility NFIP Repetitive Loss records for the
processing of Repetitive Loss
Target Group policyholder
underwriting and claims receords.
13. To Preferred Risk Property the properties' prior loss history.
(PRP) owners who are contesting
the denial of their PRP
applications.
14. To federal agencies and state NFIP records for research, analysis
and local governments. and feasibilities studies.
------------------------------------------------------------------------
Disclosure to consumer reporting agencies:
Disclosures pursuant to 5 U.S.C. 552a(b)(12): We may make
disclosure from this system to ``consumer reporting agencies'' as
defined in the Fair Credit Reporting Act (15 U.S.C. 1681a(f), or the
Federal Claims Collection Act of 1966 (31 U.S.C. 3701 (a)(3)).
Policies and practices for storing, retrieving, accessing,
retaining, and disposing of records in the system:
Storage:
Tape cartridge/disc/microfilm and paper files.
Retrievability:
By name of the policyholder(s) and policy number, property
address and 9-digit zip code.
Safeguards:
Personnel screening, hardware and software computer security
measures; we maintain paper records in locked containers and/or room.
We maintain all records in areas that building guards secure during
non-business hours. We retain records in areas accessible only to
authorized personnel, who are properly screened, cleared and trained.
Retention and disposal:
We keep data records for 7 years. Disposition of records will
accord with FEMA Manual 5400.1.
System manager(s) and address:
Administrator, Federal Insurance and Mitigation Administration,
Federal Emergency Management Agency, Washington, DC 20472.
Notification procedures:
Individuals wishing to inquire whether this system of records
contains information about themselves should contact the system
manager identified above. Written requests should be clearly marked
``Privacy Act Request'' on the envelope and letter. Requests should
include the 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 organization's
identification card, or other identification card.
Record access procedures:
Same as Notification procedure above.
Contesting record procedures:
Same as Notification procedures 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 published in 44 CFR part 6.
Record source categories:
Individuals insured under the National Flood Insurance Program
(NFIP). Write-Your-Own (WYO) companies that write National Flood
Insurance Program policies.
Exemptions claimed for the system:
None.
FEMA/FIMA-4
System name:
National Flood Insurance Program Marketing Records and Related
Files.
Security classification:
Unclassified.
System location:
Various offices of a serving agent under contract to the Federal
Insurance and Mitigation Administration, Federal Emergency Management
Agency, Washington, DC 20472.
Categories of individuals covered by the system:
Consumers, flood insurance policyholders, insurance agents,
Write-Your-Own companies and lenders.
Categories of records in the system:
Under FIMA's Marketing program, the NFIP contractor collects
records under its marketing vehicle, Cover America II.
Research: Cover America II contains NFIP records of research
conducted with consumers, flood insurance policyholders, insurance
agents, Write-Your-Own (WYO) companies and lenders, including names,
addresses, and telephone numbers.
Direct Mail: Records of consumer and insurance agent names and
addresses used for direct mailings.
The categories of records in the system are: market research data
regarding the NFIP, including information with respect to awareness,
attitudes and satisfaction as it relates to the NFIP, which is
obtained through qualitative surveys approved by the Office of
Management and Budget (OMB), including the names and addresses of
participants.
Authority for maintenance of the system:
National Flood Insurance Act of 1968 and the Flood Disaster
Protection Act of 1973, 42 U.S.C. 4001-4129; 5 U.S.C. 301;
Reorganization Plan No. 3 of 1978, 3 CFR, 1978, Comp., p. 329; and
E.O. 12127, 3 CFR, 1979 Comp., p. 376.
Purpose(s):
To plan and implement a marketing campaign to notify the public
regarding the availability of flood insurance protection and to alert
the public to the risks of flooding, as well as to encourage the
public to obtain more information regarding the NFIP.
Routine uses of records maintained in the system including
categories of users and the purposes of such uses:
None.
Disclosure to consumer reporting agencies:
Disclosures pursuant to 5 U.S.C. 552a(b)(12): We may disclose
from this system to ``consumer reporting agencies'' as defined in the
Fair Credit Reporting Act (15 U.S.C. 1681a(f), or the Federal Claims
Collection Act of 1966 (31 U.S.C. 3701(a)(3)).
Policies and practices for storing, retrieving, accessing,
retaining, and disposing of records in the system:
Storage:
Disc and paper files.
Retrievability:
By names, addresses and telephone numbers of consumers,
policyholders, insurance agents, WYO companies, and lenders.
Safeguards:
Personnel screening, hardware and software computer security
measures; we maintain paper records in locked containers and/or room.
We maintain all records in areas that we secure during non-business
hours. We retain records in areas accessible only to authorized
personnel, who are properly screened, cleared and trained.
Retention and disposal:
We keep records for research for 2 years. We will dispose of
records in accord with FEMA Records Schedule N1-311-86-1, 2A12 and
2A13.
System manager(s) and address:
Administrator, Federal Insurance and Mitigation Administration,
Federal Emergency Management Agency, Washington, DC 20472.
Notification procedures:
Individuals wishing to inquire whether this system of records
contains information about themselves should contact the system
manager identified above. Written requests should be clearly marked
``Privacy Act Request'' on the envelope and letter. Requests should
include the 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 organization's
identification card, or other identification card.
Record access procedures:
Same as Notification procedure above.
Contesting record procedures:
Same as Notification procedures 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 published in 44 CFR part 6.
Record source categories:
Consumers, flood insurance policyholders, flood insurance agents
and lenders.
Exemptions claimed for the system:
None.
FEMA/FIMA-5
System name:
National Flood Insurance Program Telephone Response Center (TRC)
Consumer and Policyholder Records and Related Documents Files.
Security classification:
Unclassified.
System location:
The office of a servicing agent under contract to the Federal
Insurance and Mitigation Administration, Federal Emergency
Management, Washington, DC 20472.
Categories of individuals covered by the system:
Consumers requesting NFIP Marketing material and individuals
insured.
Categories of records in the system:
FEMA/FIMA has a contractor administering its Telephone Response
Center (TRC), where we maintain records of research conducted with
consumers, insurance agents, Write-Your-Own (WYO) companies and
individual respondents' names, addresses, and telephone numbers. The
TRC contractor also maintains consumer records to review the
effectiveness of its operation and for quality control purposes.
The categories of records in the system are: names and addresses
of consumers seeking NFIP data, specifically, records regarding
consumer research and inquiries.
Authority for maintenance of the system:
National Flood Insurance Act of 1968 and Flood Disaster
Protection Act of 1973, 42 U.S.C. 4001-4129; 5 U.S.C. 301;
Reorganization Plan No. 3 of 1978, 3 CFR, 1978 Comp., p. 329; and
E.O. 12127, 3 CFR, 1979 Comp., p. 376.
Purpose(s):
To carry out the National Flood Insurance Program.
Routine uses of records maintained in the system, including
categories of users and the purposes of such uses:
To the FEMA Distribution Center, the TRC transfers the names and
addresses of consumers for delivery of consumer kits.
To the Bureau and Statistical Agent, the TRC transfers the
addresses of callers/consumers who made inquiries to the NFIP to
match them against the policyholder file to ascertain the number of
callers who purchased a policy.
Disclosure to consumer reporting agencies:
Disclosures pursuant to 5 U.S.C. 552a(b)(12): We may disclose
from this system to ``consumer reporting agencies'' as defined in the
Fair Credit Reporting Act (15 U.S.C. 1681a(f), or the Federal Claims
Collection Act of 1966 (31 U.S.C. 3701(a)(3)).
Policies and practices for storing, retrieving, accessing,
retaining, and disposing of records in system:
Storage:
Tape cartridge/disc/ and paper files.
Retrievability:
By the consumer's name, address and telephone number.
Safeguards:
Personnel screening, hardware and software computer security
measures; we maintain paper records in locked containers and/or room.
We maintain all records in areas that building guards secure during
non-business hours. We retain records in areas accessible only to
authorized personnel, who are properly screened, cleared and trained.
Retention and disposal:
We keep consumer records for 3 years.
System manager(s) and address:
Administrator, Federal Insurance and Mitigation Administration,
Federal Emergency Management Agency, Washington, DC 20472.
Notification procedure:
Individuals wishing to inquire whether this system of records
contains information about themselves should contact the system
manager identified above. Written requests should be clearly marked
``Privacy Act Request'' on the envelope and letter. Requests should
include the 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 organization's
identification card, or other identification card, or other
identification card.
Record access procedures:
Same as Notification procedure above.
Contesting record procedures:
Same as Notification procedures 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 published in 44 CFR part 6.
Record source categories:
Individuals who request information about flood insurance under
the National Flood Insurance Program and individuals who are insured
under the program.
Systems exempted from certain provisions of the act:
None.
FEMA/FIMA-6
System name:
National Flood Insurance Special Direct Facility (SDF) Repetitive
Loss Target Group Records and Related Files.
Security classification:
Unclassified.
System location:
The office of a servicing agent under contract to the Federal
Insurance and Mitigation Administration, Federal Emergency
Management, Washington, DC 20472.
Categories of individuals covered by the system:
Individuals designated as RLTG policyholders.
Categories of records in the system:
FEMA/FIMA has selected a contractor to administer and operate the
Repetitive Loss Program (RLP), through the Special Direct Facility
(SDF). The SDF maintains records of the RLP, consisting of RLP
underwriting and claims data that have met the threshold requirements
to be designated as Repetitive Loss Target Group (RLTG) properties.
The categories of records in the system follow:
------------------------------------------------------------------------
Form Title of form
------------------------------------------------------------------------
FEMA Form 81-64......................... Applications for Participation
in the National Flood
Insurance Program.
FEMA Form 81-16......................... Flood Insurance Application.
FEMA Form 81-18......................... Flood Insurance General Change
Endorsements.
FEMA Form 81-23......................... Request for Policy Processing
and Renewal Information.
FEMA Form 81-17......................... Flood Insurance Cancellation/
Nullification Request Form.
FEMA Form 81-67......................... Flood Insurance Preferred Risk
Policy Application.
FEMA Form 81-31......................... National Flood Insurance
Program Elevation
Certificate.
FEMA Form 81-65......................... National Flood Insurance
Program Floodproofing
Certificate.
FEMA Form 81-25......................... V Zone Risk Factor Rating
Form.
FEMA Form 81-40......................... National Flood Insurance
Program Worksheet--Contents.
FEMA Form 81-41......................... National Flood Insurance
Program Worksheet--Building.
FEMA Form 41a........................... National Flood Insurance
Program Worksheet--Building.
FEMA Form 81-42......................... National Flood Insurance Proof
of Loss.
FEMA Form 81-43......................... National Flood Insurance
Program Notice of Loss.
FEMA Form 81-44......................... Statement as to full cost of
repair or replacement under
the replacement cost
coverage, subject to the
terms and conditions of the
Standard Flood Insurance
Policy.
FEMA Form 81-45......................... Adjuster's Short Form Report.
FEMA Form 81-57......................... National Flood Insurance
Program Preliminary Report.
FEMA Form 81-58......................... National Flood Insurance
Program Final Report.
FEMA Form 81-59......................... National Flood Insurance
Program Narrative Report.
FEMA Form 81-63......................... National Flood Insurance
Program Cause of Loss/
Subrogation Report.
------------------------------------------------------------------------
This system may contain information regarding the name of the
bank/lender, date of mortgage, address of bank/lender and if
available, information on every loan placed on the property during
the current owner's tenure. This system may also contain the
taxpayer's identification number, which may be his or her social
security number.
Authority for maintenance of the system:
National Flood Insurance Act of 1968 and Flood Disaster
Protection Act of 1973, 42 U.S.C. 4001-4129; 5 U.S.C. 301;
Reorganization Plan No. 3 of 1978, 3 CFR, 1978 Comp., p. 329; and
E.O. 12127, 3 CFR, 1979 Comp., p. 376.
Purpose(s):
To carry out the National Flood Insurance Program.
Routine uses of records maintained in the system, including
categories of users and the purposes of such uses:
To RTLG policyholders who are appealing the determination that
their property is a repetitive loss property, NFIP repetitive loss
property history prior to their ownership of the property will be
provided.
To insurance agents, brokers, adjusters and lending institutions
for carrying out the purposes of the National Flood Insurance Program
and verifying nonduplication of benefits.
To the Bureau and Statistical Agent, the Special Direct Facility
provides TRRP Plan updates regarding RLTG policy and claims
transactions.
Disclosure to consumer reporting agencies:
Disclosures 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 Federal Claims
Collection Act of 1966, 31 U.S.C. 3701(a)(3).
Policies and practices for storing, retrieving, accessing,
retaining, and disposing of records in the system:
Storage:
Tape cartridge/disc/and paper files.
Retrievability:
By the name of the RLTG policyholders and RLTG number.
Safeguards:
Personnel screening, hardware and software computer security
measures; we maintain paper records in locked containers and/or room.
We maintain all records in secure areas by key card access during
non-business hours. We retain records in areas accessible only to
authorized personnel, who are properly screened, cleared and trained.
Retention and disposal:
We keep policy records as long as the owner desires insurance and
pays premiums, and for an appropriate time thereafter and we keep
claim records for 6 years and 3 months after final action, unless
litigation exists. We will dispose of records in accord with FEMA
Records Schedule N1-311-86-1, 2A12 and 2A13.
System manager(s) and address:
Administrator, Federal Insurance and Mitigation Administration,
Federal Emergency Management Agency, Washington, DC 20472.
Notification procedures:
Individuals wishing to inquire whether this system of records
contains information about themselves should contact the system
manager identified above. Written requests should be clearly marked
``Privacy Act Request'' on the envelope and letter. Requests should
include the 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 organization's
identification card, or other identification card.
Record access procedures:
Same as Notification above.
Contesting records Procedures:
Same as Notification procedures 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 published in 44
CFR part 6.
Record source categories:
Individuals who apply for flood insurance under the National
Flood Insurance Program and individuals who are insured under the
program.
Systems exempted from Certain Provisons of the Act:
None.
FEMA/FIMA-7
System name:
National Flood Insurance Community Rating System and Related
Documents Files.
Security classification:
Unclassified.
System location:
Various offices of a firm selected to administer the CRS program
for the Federal Insurance and Mitigation Administration, Federal
Emergency Management Agency, Washington, DC 20472. We also provide
copies of some of the files to FEMA Regional offices when they
request additional information.
Categories of individuals covered by the system:
Communities that have made CRS applications and Repetitive Loss
property owners.
Categories of records in the system:
FIMA/FEMA has created the Community Rating System (CRS), a
program to adjust NFIP insurance premium rates based on the
mitigation activities implemented by a community. A firm has been
selected to process CRS applications. The categories of records in
the system are: community CRS applications and repetitive loss
property owners.
Authority for maintenance of the system:
National Flood Insurance Act of 1968 and Flood Disaster
Protection Act of 1973, 42 U.S.C. 4001-4129; 5 U.S.C. 301;
Reorganization Plan No. 3 of 1978, 3 CFR, 1978 Comp., p. 329; and
E.O. 12127, 3 CFR, 1979 Comp., p. 376.
Purpose(s):
To carry out the National Flood Insurance Program.
Routine Uses of Records Maintained in the system, including
categories of users and the purposes of such uses:
To communities, repetitive loss records may be provided to
address repetitive loss problems within the communities.
To the Bureau and Statistical Agent, we provide repetitive loss
records for communities that have updated their repetitive loss
mitigative measures.
Disclosure to consumer reporting agencies:
Disclosures 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 Federal Claims
Collection Act of 1966, 31 U.S.C. 3701(a)(3).
Policies and practices for storing, retrieving, accessing,
retaining, and disposing of records in system:
Storage:
Magnetic cartridge/disc/and paper files.
Retrievability:
By the community's name and number. By the NFIP policyholder name
and policy number. By the repetitive loss locator number.
Safeguards:
Personnel screening, hardware and software computer security
measures; we maintain paper records in locked containers and/or room.
We maintain all records in secure areas during non-business hours. We
retain records in areas accessible only to authorized personnel, who
are properly screened, cleared and trained.
Retention and disposal:
We keep records for 3 years.
System manager(s) and address:
Administrator, Federal Insurance and Mitigation Administration,
Federal Emergency Management Agency, Washington, DC 20472.
Notification procedures:
Individuals wishing to inquire whether this system of records
contains information about themselves should contact the system
manger identified above. Written requests should be clearly marked
``Privacy Act Request'' on the envelope and letter. Requests should
include the 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 organization's
identification card, or other identification card.
Record access procedures:
Same as Notification above.
Contesting record procedures:
Same as Notification procedures 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 published in 44
CFR part 6.
Record source categories:
Individuals who apply for flood insurance under the National
Flood Insurance Program and individuals who are insured under the
program.
Systems exempted from certain provisions of the act:
None.
Appendix A
Introduction to Routine Uses: We have identified certain routine
uses that apply to many of the FEMA systems of notice records. We
will list the specific routine uses applicable to an individual
system of record under the ``Routine Use'' section of the notice
itself and they 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.
(1) 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, and which we may disclose, 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,
implementing, investigating or prosecuting such violation or charged
with implementing the statute, rule, regulation or order issued under
it.
(2) Routine Use--Disclosure When Requesting Information: We may
disclose as a routine use a record from a FEMA 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 the
hiring or retention of an employee, the issuance of a security
clearance, the letting of a contract, or the issuance of a license,
grant or other benefit.
(2) Routine Use--Disclosure of Requested Information: We may
disclose as a routine use a record from a FEMA system of records to a
Federal agency, in response to a written request in connection with
the hiring or retention of an employee, the issuance of an
investigation of an employee, the letting of a contract, or the
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.
(3) Routine Use--Grievance, Complaint, Appeal: We may disclose as
a routine use a record from a FEMA system of records to an authorized
appeal or grievance examiner, formal complaints examiner, equal
opportunity investigator, arbitrator, mediator, or other duly
authorized official engaged in investigation or settlement of a
grievance, complaint, or appeal by an employee. We may disclose a
record from this system of records to the Office of Personnel
Management as government-wide records; we will consider those records
as part of the government-wide system. We may transfer as a routine
use other official personnel records covered by notices published by
FEMA and considered to be separate systems of records to the Office
of Personnel management in accordance with official personnel
programs and activities.
(5) Routine Use--Congressional Inquiries: We may disclose as a
routine use a record from a FEMA system of records to a Member of
Congress or to a Congressional staff member in response to an inquiry
of the Congressional office made at the request of the individual
about whom the record is maintained.
(6) Routine Use--Private Relief Legislation: We may disclose as a
routine use the information contained in a FEMA system of records 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: We may disclose as a routine use a record from a FEMA
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 a FEMA
system of records management inspections conducted under authority of
44 U.S.C. 2904 and 2906.
(9) Routine Use--Grand Jury: We may disclose as a routine use a
record from any system of records 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.
FEMA/GC-1
System name: Claims (litigation).
Security classification:
Limited Access. Certain records or information in this system may
be provided security safeguards equivalent to the protection of Top
Secret classified information.
System location:
Office of General Counsel, Federal Emergency Management Agency,
Washington, DC 20472.
Categories of individuals covered by the system:
Any individual, whether a FEMA employee or non-FEMA employee, who
asserts a remedy from FEMA for some alleged injury to said individual
or property.
Categories of records in the system:
Files contain claims, complaints or documents or any of these
means by which an individual asserts a remedy from FEMA for some
alleged injury to said individual or property; the data and documents
submitted in support of the claims; the data and documents obtained
in making a decision or determination on such claims, including any
appeals and any other relevant materials; including litigation file
if such develops.
Authority for maintenance of the system:
5 U.S.C. 301; 44 U.S.C. 3101; 31 U.S.C. 240 et seq.; E.O. 12127;
E.O. 12148; Reorganization Plan No. 3 of 1978; 28 U.S.C. 2671 et
seq.; and any specific authority depending on the nature of the
claim.
Purpose(s):
For the purpose of processing claims and determining the validity
of the claim.
Routine uses of records maintained in the system, including
categories of users and the purposes of such uses:
To those former FEMA employees, former servicing company
employees, contractors, subcontractors, or any expert whose opinion
is sought in connection with the processing, investigation, approval
or denial of any claim(s) or in the prosecution or defense of
litigation or preparation for litigation before a Court or a
proceeding before an adjudicative body before which FEMA is
authorized to appear; to other investigative or similar authorities
responsible for investigating or making recommendations on complaints
or claims, whether or not a part of FEMA or some other agency; to
decisionmaking authorities outside of FEMA when required by law,
regulation or order; to the Department of Justice, private
attorney(s) handling or considering handling a ratified subrogation
action or one that may be ratified, and/or a Court or adjudicative
body in the event a proceeding before it involves (a) The Federal
Emergency Management Agency (FEMA), any component of FEMA, or any
employee of FEMA in his or her official capacity; (b) any employee of
FEMA in his or her individual capacity where the Department of
Justice has agreed to represent such employee; (c) the United States
where FEMA determines that the claim, if successful, is likely to
affect it, its operations, or any of its components; or (d) an
insured or former insured of FEMA or any of the programs which FEMA
administers. FEMA may disclose such records as it deems relevant or
necessary to the Department of Justice, private attorney(s) handling
or considering handling a ratified subrogation action or one that may
be ratified, and/or a Court or adjudicative body when it has
determined that any of the above-referenced has an interest in the
litigation or the proceeding and such records are determined by FEMA
to be arguably relevant thereto and such disclosure is compatible
with the purpose for which the records are collected.
Additional routine uses may include Nos. 1, 2, 3, 5, 6 and 8 of
Appendix A.
Disclosure to consumer reporting agencies:
Disclosure pursuant to 5 U.S.C. 552a(b)(12): 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 Federal
Claims Collection Act of 1966 (31 U.S.C. 3701(a)(3)).
Policies and practices for storing, retrieving, accessing,
retaining, and disposing of records in the system:
Storage:
These records are maintained in file folders.
Retrievability:
Filed alphabetically by name within general subject matter files.
Safeguards:
Paper records in a locked container and/or room. All records are
maintained in areas that are secured by building guards during non-
business hours. Records are retained in areas accessible only to
authorized personnel who are properly screened, cleared and trained.
To the extent that this system includes records or information which
is classified under an existing Executive Order, such records or
information would be provide security safeguards equivalent to the
protection of Top Secret classified information and access would only
be provided on a verified need-to-know basis.
Retention and disposal:
Files are retained for 10 years after final decision and then
destroyed. Disposition of records shall be in accordance with FEMA
Records Schedule N1-311-86-1, 1F2.
System manager(s) and address:
General Counsel, Federal Emergency Management Agency, Washington,
DC 20472.
Notification procedure:
When litigation occurs, information from other systems of records
may be incorporated into the case file. In certain instances, the
incorporated information may be material which the Privacy Act, at 5
U.S.C. 552a(k) (1), (2), and (5), permits an agency to exempt from
certain provisions of the Act. To the extent that such exempt
material is incorporated into the litigation file, the Director,
Federal Emergency Management Agency, has determined that the material
as it appears in this system should be exempted from subsections
(c)(3), (d), (e)(1), (e)(4) (G), (H), (I) and (f), of the Privacy
Act, 5 U.S.C. 552a, pursuant to 5 U.S.C. 552a(k) (1), (2), and (5).
To the extent that this system of records is not subject to
exemption, it is subject to notification, access and contesting
procedures. A determination as to the applicability of an exemption
as to a specific record shall be made at the time a request for
notification, access, or contesting is received. Inquiries should be
addressed to the 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.
Record access procedures:
Same as notification procedure above.
Contesting record procedures:
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 promulgated in 44 CFR part 6.
Record source categories:
Claim or similar documents with supporting evidence submitted by
claimant; Government employees; members of the public and witnesses
and informants.
Systems exempted from certain provisions of the act:
When litigation occurs, information from other systems of records
may be incorporated into the case file. In certain instances, the
incorporated information may be material which the Privacy Act, at 5
U.S.C. 552a(k) (1), (2), and (5), permits an agency to exempt from
certain provisions of the Act. To the extent that such exempt
material is incorporated into the litigation file, the Director,
Federal Emergency Management Agency, has determined that the material
as it appears in this system should be exempted from subsections
(c)(3), (d), (e)(1), (e)(4) (G), (H), (I) and (f), of the Privacy
Act, 5 U.S.C. 552a, pursuant to 5 U.S.C. 552a(k) (1), (2), and (5).
Rules have been promulgated in accordance with the requirements of 5
U.S.C. 553 (b), (c) and (e) and have been published in 44 CFR 6.87.
The Office of General Counsel, pursuant to 5 U.S.C. 552a(d)(5),
reserves the right to refuse access to information compiled in
reasonable anticipation of a civil action proceeding.
FEMA/GOVT-1
System name: National Defense Executive Reserve System.
Security classification:
Unclassified.
System location:
Records may be maintained in the personnel office, emergency
preparedness unit, or other designated offices located at the local
installation of the Department or Agency which currently employs the
individual.
Categories of individuals covered by the system:
Applicants for and incumbents of NDER assignments.
Categories of records in the system:
The system contains FEMA Form 85-3, National Defense Executive
Reserve Qualifications Statement, which includes such items as name,
date of birth, social security number, and other personnel and
administrative records, skills inventory, training data, and other
related records necessary to coordinate and administer the NDER
program.
Authority for maintenance of the system:
Defense Production Act of 1950, E.O. 11179 dated September 22,
1964, as amended by E.O. 12148 dated July 20, 1979.
Purpose(s):
For the purpose of establishing units of the NDER in Federal
departments and agencies in accordance with E.O. 11179, as amended by
E.O. 12148. Individuals voluntarily apply for assignments but would
not be considered government employees to perform emergency duties
unless the President of the United States declared a mobilization.
Assignments are made in 3 year increments and may either be
redesignated or terminated. Individuals may at any time request
voluntary termination.
Routine uses of records maintained in the system, including
categories of users and the purposes of such uses:
(a) Names and addresses may be made available to the Association
of the National Defense Executive Reserve and the National Defense
Executive Reserve Conference Association to facilitate training and
relevant information dissemination efforts for reservists in the NDER
program; (b) to the appropriate agency whether Federal, State, local
or foreign, charged with the responsibility of investigating or
prosecuting a violation or potential violation of law, whether civil,
criminal or regulatory in nature, and whether arising by general
statute or particular program statute, or by regulation, rule or
issued pursuant thereto; 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 the hiring or retention of an employee,
the issuance of a security clearance, the letting of a contract, or
the issuance of a license, grant, or other benefit; (c) to the
National Archives and Records Administration during records
management inspections conducted under authority of 44 U.S.C. 2904
and 2906; (d) to a Member of Congress or to a Congressional staff
member in response to an inquiry of the Congressional office made at
the request of the individual about whom the record is maintained;
(e) to another Federal agency, to a court, or a party in litigation
before a court or in administrative proceeding being conducted by a
Federal agency, either when the government is a party to a judicial
proceeding or in order to comply with the issuance of a subpoena; and
(f) to disclose, in response to a request for discovery or for
appearance of a witness, information that is relevant to the subject
matter involved in a pending judicial or administrative proceeding.
Policies and practices for storing, retrieving, accessing,
retaining, and disposing of records in the system:
Storage:
Records may be stored in file folders, file cards, on microfiche,
and/or automated record systems.
Retrievability:
By name, personal data, skills or agency.
Safeguards:
Records are stored in locked file cabinets or locked rooms.
Automated records are protected by restricted access procedures and
audit trails. Access to records is strictly limited to those
personnel whose official duties require access and who are properly
screened, cleared, and trained.
Retention and disposal:
Records are covered by General Records Schedule 18 and are
retained for 5 years after termination from NDER Program.
System manager(s) and address:
Associate Director, National Preparedness Directorate, Federal
Emergency Management Agency, Washington, DC 20472, will maintain a
computerized record of all applications and assignments of NDER
reservists for the Federal government as well as the personnel files
for all individuals assigned to the Federal Emergency Management
Agency. The Departments or Agencies will maintain their own personnel
records on those individuals assigned to their respective Department
or Agency.
Notification procedure:
Individuals wishing to inquire whether this system of records
contains information about themselves should submit their inquiries
to: (a) NDER applicants/assignees to FEMA Headquarters--Federal
Emergency Management Agency, Associate Director, National
Preparedness Directorate, Washington, DC 20472; (b) NDER applicants/
assignees to a FEMA Regional Office--Federal Emergency Management
Agency, appropriate Regional Director as identified in Appendix AA to
FEMA systems of records notices; (c) NDER applicants/assignees to
Federal departments and/or agencies other than FEMA--contact the
agency personnel, emergency preparedness unit, or Privacy Act Officer
to determine location of records within the department/agency.
Individuals should include their full name, date of birth, social
security number, current address, and type of assignment/agency they
applied with to be an NDER reservists.
Record access procedures:
Same as Notification procedures above.
Contesting record procedures:
Same as Notification procedures 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 promulgated in 44 CFR part 6.
Individuals applying to or assigned to Federal agencies other
than FEMA should consult the appropriate department's/agency's
Privacy Act Regulations which can be found in that department's/
agency's Code of Federal Regulations or Federal Register notice.
Record source categories:
The individuals to whom the record pertains. Prior to being
designated as an NDER reservist, the applicant must successfully
complete a background investigation conducted by the Office of
Personnel Management which may include reference checks of prior
employers, educational institutions, police departments,
neighborhoods, and present and past friends and acquaintances.
Systems exempted from certain provisions of the act:
None.
FEMA/IG-1
System name: General Investigative Files.
Security classification:
Limited Access. Certain records or information in this system may
be provided security safeguards equivalent to the protection of Top
Secret classified information.
System location:
Office of Inspector General, Federal Emergency Management Agency,
Washington, DC 20472.
Categories of individuals covered by the system:
Any individual suspected of violating any criminal, civil,
regulatory, licensing, or other enforcement laws, whether Federal,
State, local or foreign; witnesses, employees, grantees, and
contractors.
Categories of records in the system:
Investigative reports and materials pertaining to allegations of
fraud, waste, abuse, mismanagement, violations of law or misconduct
and irregularities by individuals covered by the system, individuals
subpoenaed in connection with investigations and listing of
subpoenaed records; the subject records may contain any identifying
or other relevant information on subject individuals which might
relate to possible violations of criminal, civil, regulatory,
licensing, or other enforcement laws, whether Federal, State, local
or foreign.
Authority for maintenance of the system:
Inspector General Act of 1978, 5 U.S.C. app. I, sections, 1-12;
E.O. 12127; E.O. 12148; Reorganization Plan No. 3 of 1978.
Purpose(s):
For the purpose of preventing and detecting fraud abuse,
conducting and supervising audits and investigations relating to
programs and operations, informing the Head of the establishment
about problems and deficiencies relating to programs and
administration and suggesting corrective action.
Routine uses of records maintained in the system, including
categories of users and the purposes of such uses:
(a) Referral to Federal, State, territorial, local, foreign,
investigative and/or prosecutive authorities. A record from any of
FEMA's systems 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 criminal, civil or
regulatory in nature, and whether arising by general statute or
particular program statute, or by regulation, rule or order issued
pursuant thereto, the relevant records in the systems of records may
be referred to the appropriate agency, whether Federal, State,
territorial, local or foreign, charged with responsibility of
investigating or prosecuting such violation or charged with enforcing
or implementing the statute, rule, regulation or order issued
thereto.
(b) Referral to suspension/debarment authorities, internal to the
agency. A record from any of FEMA's systems of records may be
disclosed, as a routine use, to any Federal agency responsible for
considering suspension/debarment actions where such records would be
germane to a determination of the propriety/necessity for such an
action.
(c) Referral to Federal, State, local and professional licensing
boards. A record from any of FEMA's systems of records may be
disclosed, as a routine use, to any governmental, or professional,
licensing authority when such record reflects on the qualifications,
either moral, educational or vocational of an individual seeking to
be licensed.
(d) Disclosure to contractor, grantee or other direct recipient
of Federal funds to allow such entity to effect corrective action in
FEMA's best interest. A record from any of FEMA's systems of records
may be disclosed, as a routine use, to any direct recipient of
Federal funds where such record reflects serious inadequacies with a
recipient's personnel and disclosure of the record is for purposes of
permitting a recipient to take corrective action beneficial to the
Government.
(e) Disclosure to any source, either private or governmental, to
the extent necessary to solicit information relevant to an
investigation or audit. A record from any of FEMA's systems of
records may be disclosed, as a routine use, to any source, either
private or governmental, to the extent necessary to secure from such
source information relevant to and sought in furtherance of a
legitimate investigation or audit.
(f) Disclosure of domestic, foreign or international governmental
agencies considering personnel or other internal actions. Release so
that receiving agency may effect necessary action. A record from any
of FEMA's systems of records may be disclosed, as a routine use, to a
Federal, State, local, foreign or international agency, in connection
with such entity's assignment, hiring or retention of an individual,
issuance of a security clearance, reporting of an investigation of an
individual, letting of a contract or issuance of a license, grant or
other benefit, to the extent that the information is relevant and
necessary to such agency's decision on the matter.
(g) Disclosure to Office of Government Ethics. A record from any
FEMA system of records may be disclosed, as a routine use, to the
Office of Government Ethics for any purpose consistent with that
office's mission, including the compilation of statistical data.
(h) Disclosure to the GSBCA, GAO or any other tribunal hearing a
contractor protest. A record from any FEMA system of records may be
disclosed, as a routine use, to the United States General Accounting
Office and to the General Services Administration Board of Contract
Appeals in bid protest cases involving an agency procurement.
(i) Disclosure to Congress in Semiannual report. A record from
any FEMA system of records may be disclosed, as a routine use, to
Congress through incorporation in the statutorily mandated IG
semiannual report.
(j) Disclosure to domestic, foreign or international governmental
law enforcement agency in order that releasing agency may obtain
relevant to a decision of such releasing agency. A record from any
FEMA system of records may be disclosed, as a routine use, to a
domestic, foreign or international governmental agency maintaining
civil, criminal or other relevant enforcement information, or other
pertinent information, in order to obtain information relevant to an
agency decision concerning the assignment, hiring or retention of an
individual, the issuance of a security clearance, the letting of a
contract, or the issuance of a license, grant, or other benefit.
(k) Disclosure to Department of Justice regarding FOIA advice. A
record from any FEMA system of records may be disclosed, as a routine
use, to the U.S. Department of Justice in order to obtain that
department's advice regarding FEMA's disclosure obligations under the
Freedom of Information Act.
(l) Disclosure to OMB regarding Privacy Act counsel. A record
from any FEMA system of records may be disclosed, as a routine use,
to the Office of Management and Budget in order to obtain that
office's advice regarding FEMA's obligations under the Privacy Act.
(m) Disclosure to a Member of Congress making a request at the
behest of a party protected under the Privacy Act. A record from any
FEMA system of records may be disclosed, as a routine use, to a
Member of Congress who submits an inquiry on behalf of an individual
when the Member of Congress informs the appropriate FEMA official
that the individual to whom the record pertains has authorized the
Member of Congress to have access. In such cases, the Member of
Congress has no greater right to the record than does the individual.
(n) Disclosure to Federal agency pursuant to the receipt of a
valid subpoena. A record from any FEMA system of records may be
disclosed, as a routine use, to a Federal agency which has the
authority to subpoena other Federal agencies records and which has
issued a facially valid subpoena for the record.
(o) Disclosure to Treasury and DOJ pursuant to an ex parte court
order to obtain taxpayer information from the IRS. A record from any
FEMA system of records may be disclosed, as a routine use, to the
Department of Treasury and the Department of Justice when FEMA is
seeking an ex parte court order to obtain taxpayer information from
the IRS.
(p) Disclosure to debt collection contractors for purposes of
delinquent debt collection. A record from any FEMA system of records
may be disclosed, as a routine use, to debt collection contractors
for the purpose of collecting delinquent debts as authorized by the
Debt Collection Act of 1982, 31 U.S.C. 3718.
(q) Disclosure to FEMA counsel and the administrative hearing
tribunal and counsel to the adverse party in a Program Fraud Civil
Remedies Act litigation. A record from any FEMA system of records may
be disclosed, as a routine use, to FEMA personnel responsible for
bringing Program Civil Remedies Act litigation, to the persons
constituting the tribunal hearing such litigation or any appeals
therefrom and to counsel for the defendant party in any such
litigation.
(r) Disclosure to any court or during the course of any
litigation to which FEMA is a party or has an interest. A record may
be disclosed in a proceeding before a court or adjudicative body
before which FEMA is authorized to appear, or in the course of
settlement negotiations with opposing counsel, when FEMA, or any
component thereof, or any employee of FEMA in his or her official
capacity; or any employee of FEMA in his or her individual capacity,
where FEMA has agreed to represent the employer; or the United
States, where FEMA determines that litigation is likely to affect
FEMA or any of its components--is a party to litigation or has an
interest in such litigation, and FEMA determines that the use of such
records is relevant and necessary to the litigation; provided,
however, that in each case FEMA determines that disclosure of the
records is a use of the information contained in the records that is
compatible with the purpose for which the records were collected.
(s) Disclosure to FEMA's legal representation, to include the
Department of Justice and other outside counsel, where FEMA is a
party in litigation or has an interest in litigation. A record may be
disclosed to the Department of Justice when FEMA, or any of its
components thereof; or any employee of FEMA in his or her official
capacity; or any employee of FEMA in his or her individual capacity,
where the Department of Justice has agreed or is considering a
request to represent the employee; or the United States, where FEMA
determines that litigation is likely to affect FEMA or any of its
components--is a party to litigation or has an interest in such
litigation, and FEMA determines that the use of such records by the
Department of Justice is relevant and necessary to the litigation;
provided, however, that in each case, FEMA determines that disclosure
of the records to the Department of Justice is a use of the
information contained in the records that is compatible with the
purpose for which the records were collected.
(t) Disclosure to State Insurance Departments and Insurance
Companies. A record may be disclosed to State Insurance Departments
and insurance companies and/or their agents investigating fraud or
potential fraud in connection with burglary, robbery or flood claims.
Policies and practices for storing, retrieving, accessing,
retaining, and disposing of records in the system:
Storage:
These records are maintained in file folders, index cards, and in
data processing storage media.
Retrievability:
By name, file number, and subpoena number.
Safeguards:
Paper records in a locked container and/or room. All records are
maintained in areas that are secured by building guards during non-
business hours. Records are retained in areas accessible only to
authorized personnel who are properly screened, cleared and trained.
To the extent that this system includes records or information which
is classified under an existing Executive Order, such records or
information would be provided security safeguards equivalent to the
protection of Top Secret classified information and access would only
be provided on a verified need-to-know basis.
Retention and disposal:
Records are covered by General Records Schedule 22. Investigative
files containing information or allegations which are of an
investigative nature but do not relate to a specific investigation
are destroyed when 5 years old. All other investigative case files
are placed in inactive file when case is closed. Cut off inactive
file at end of fiscal year. Destroy 10 years after cutoff date. Index
references to investigative files are destroyed when superseded or
obsolete.
System manager(s) and address:
Inspector General, Federal Emergency Management Agency,
Washington, DC 20472.
Notification procedure:
During an investigation, information from other systems of
records may be incorporated into the case file. In certain instances,
the incorporated information may be material which the Privacy Act,
at 5 U.S.C. 552a(j)(2), (k)(1), (2), and (5), permits an agency to
exempt from certain provisions of the Act. To the extent that such
exempt material is incorporated into the investigative file, the
Director, Federal Emergency Management Agency, has determined that
the material as it appears in this system should be exempted from
subsections (c)(3), (d), (e)(1), (e)(4) (G), (H), (I) and (f), of the
Privacy Act, 5 U.S.C. 552a, pursuant to 5 U.S.C. 552a(j)(2), (k)(1),
(2), and (5). To the extent that this system of records is not
subject to exemption, it is subject to notification, access and
contesting procedures. A determination as to the applicability of an
exemption as to a specific record shall be made at the time a request
for notification, access, or contesting is received. Inquiries should
be addressed to the 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.
Record access procedures:
Same as notification procedure above.
Contesting record procedures:
Same as notification procedure above. The letter should 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 promulgated in 44 CFR part 6.
Record source categories:
(1) Federal, State, local or foreign government agencies
concerned with the administration of criminal justice and non-law
enforcement agencies both public and private; (2) Members of the
public; (3) Government employees; (4) Published material; (5)
Witnesses and informants. Systems exempted from certain provisions of
the act: During an investigation, information from other systems of
records may be incorporated into the case file. In certain instances,
the incorporated information may be material which the Privacy Act,
at 5 U.S.C. 552a(j)(2), (k) (1), (2), and (5), permits an agency to
exempt from certain provisions of the Act. To the extent that such
exempt material is incorporated into the investigative file, the
Director, Federal Emergency Management Agency, has determined that
the material as it appears in this system should be exempted from
subsections (c)(3), (d), (e)(1), (e)(4) (G), (H), (I) and (f), of the
Privacy Act, 5 U.S.C. 552a, pursuant to 5 U.S.C. 552a(j)(2), (k) (1),
(2), and (5). Rules have been promulgated in accordance with the
requirements of 5 U.S.C. 553 (b), (c) and (e) and have been published
in 44 CFR 6.87.
FEMA/MIT-7
System name:
Flood Map Customer Records.
Security classification:
Unclassified.
System location:
Offices of the map sales servicing agent under contract with the
Federal Emergency Management Agency, Washington, DC 20472.
Categories of individuals covered by the system:
Individuals who purchase flood-related map products or whose
requests have been forwarded to the map sales servicing contractor.
The system also contains records concerning individuals in their
entrepreneurial capacity, corporations and other business entities
whose records are not subject to the Privacy Act.
Categories of records in the system:
Electronic database contains name, address, phone number, credit
card number and expiration date, account number, order number,
product requested and appropriate accounting entries. Information
from paper orders is entered into database and paper orders are
destroyed after three months.
Authority for maintenance of the system:
The National Flood Insurance Act of 1968, as amended, and the
Flood Disaster Protection Act of 1973, as amended, 42 U.S.C. 4001 et
seq., 5 U.S.C 301, Reorganization Plan No. 3 of 1978 and E.O. 12127.
Purpose(s):
The primary use of the records is for reference by the map sales
servicing contractor in processing customer inquiries, orders and
complaints. The contractor must comply with the requirements of the
Privacy Act of 1974, as amended, 5 U.S.C. 552a.
Routine uses of records maintained in the system, including
categories of users and the purposes of such uses:
In addition to use of the records by a contractor engaged to
assist the Agency in performing a contract service related to this
system of records and who requires access to the records in order to
perform the activity, disclosure of records outside FEMA or the map
sales contractor may be made to:
(1) The U.S. Department of Justice or a court or adjudicative
body when (a) the United States, FEMA, a component of FEMA, the map
sales servicing contractor or, when represented by the Government, an
employee of FEMA is a party to litigation or anticipated litigation
or has an interest in such litigation, and (b) FEMA determines that
the disclosure is relevant or necessary to the litigation and is
compatible with the purpose for which the records were compiled;
(2) An appropriate Federal, State, local or foreign agency
responsible for investigating, prosecuting, enforcing, or
implementing a statute, regulation, rule or order, where FEMA becomes
aware of an indication of a violation or potential violation of civil
or criminal law or regulation;
(3) A Congressional office when disclosure from the record of an
individual is necessary to respond to an inquiry the individual has
made to the Congressional office.
(4) To the National Archives and Records Administration for the
purpose of conducting records management studies under the authority
of 44 U.S.C. 2904 and 2906.
Disclosure to consumer reporting agencies:
Disclosures under 5 U.S.C. 552a(b)(12): Disclosures may be made
from this system to a ``consumer reporting agency'' as defined in the
Fair Credit Reporting Act (15 U.S.C. 1681a(f)) or the Federal Claims
Collection Act of 1966 (31 U.S.C. 3701(a)(3)).
Policies and practices for storing, retrieving, accessing,
retaining, and disposing of records in the system:
Storage:
Records in this system are temporarily stored in a database
(i.e., on computer hard drives and computer disks) and subsequently
archived in magnetic media. Paper printouts of these data may be made
as necessary. Paper copies of customer orders are stored in manual
files and destroyed after three months.
Retrievability:
Retrievable by name of organization, individual, account number
or order number.
Safeguards:
Records are maintained by the FEMA map sales servicing contractor
in areas occupied by contractor personnel during working hours with
the building locked and secured by alarm during off hours. In
addition, the risk of unauthorized access to or disclosure of
personal data in the proposed system is minimized through the use of
passwords and security profiles and permissions to enter the computer
system in which data are maintained. The computerized records and
paper records are stored in secured areas that are accessible only to
employees who require the information in performing their official
duties. Paper documents are stored either in lockable file cabinets
within locked rooms or in otherwise secured areas. All personnel with
access to records are screened, cleared and trained.
Retention and disposal:
Records are retained and disposed of in accordance with the
retention and disposition schedules set forth in FEMA Manual 5400
(August 1989), ``Records Management: Disposition, Retention and Files
Plan.'' Means of disposal are appropriate to the storage medium
(e.g., erasure of disks, shredding of paper records, etc.).
System manager(s) and address:
Project Officer, Map Service Center, Technical Services Division,
Mitigation Directorate, Federal Emergency Management Agency,
Washington, DC 20472.
Notification procedure:
Inquiries should be addressed to the System Manager following
procedures set forth at 44 CFR part 6, subpart C.
Record access procedures:
See Notification procedure.
Contesting recORDS PROCEDURE:
A petition for amendment should be addressed to the System
Manager and must meet the content requirements set forth at 44 CFR
part 6, subpart D.
Record source categories:
Customers on whom record(s) are maintained.
System exempted from certain provisions of the Act:
None.
FEMA/NETC-1
System name: Student Application and Registration Records.
Security classification:
Unclassified.
System location:
National Emergency Training Center, Federal Emergency Management
Agency, Emmitsburg, Maryland 21727.
Categories of individuals covered by the system:
Individuals who apply for and complete resident and field
emergency management training conducted under the auspices of the
National Emergency Training Center. This system includes individuals
who apply for and complete courses for the National Fire Academy and
Emergency Management Institute.
Categories of records in the system:
Files include student application form, FEMA Form 75-5 containing
name, address, educational level, social security number, ethnic/
racial origin, emergency management courses taken and where,
emergency management organization and program affiliation, emergency
management title, emergency management telephone number and length of
emergency management service, employer, business title and business
telephone number, individual training records; individual and
business file for National Emergency Training Center Catalogs,
Information Bulletins, etc.; Career Development directory; Student
Expense files, completed Grant-in-aid Forms; State recommendations,
attendance and progress reports, student locators, and related
academic documents. Authority for maintenance of the system: Pub. L.
93-498, Federal Fire Prevention and Control Act of 1974, 15 U.S.C.
2206; 44 U.S.C. 3101; Federal Civil Defense Act of 1950, 50 U.S.C.
App. 2253, 2281; 5 U.S.C. 301; Pub. L. 93-288, the Disaster Relief
Act of 1974 as amended; E.O. 12127; E.O. 12148; and Reorganization
Plan No. 3 of 1978.
Purpose(s):
For the purpose of determining eligibility and effectiveness of
National Emergency Training Center courses; to maintain necessary
student records; to supply students with information of courses,
credits and grades (if any), to supply the Registrar with record of
student enrollment in National Emergency Training Center courses by
geographical location to determine who has or has not been trained,
to assess use of course material in the field, and to assess the
impact of course material on the community.
Disclosure to consumer reporting agencies:
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 Federal Claims Collection Act of 1966 (31 U.S.C.
3701(a)(3)).
Routine uses of records maintained in the system, including
categories of users and the purposes of such uses:
To State and local jurisdictions to maintain up-to-date
statistics of National Emergency Training Center graduates completing
courses within their respective jurisdiction. Information relating to
participation of courses in the National Fire Academy may be
disclosed to Members of the Board of Visitors for the purpose of
evaluating the participants of courses.
Additional routine uses may include Nos. 2, 3, 5 and 8 of
Appendix A.
Policies and practices for storing, retrieving, accessing,
retaining, and disposing of records in the system:
Storage:
Paper files and computerized records.
Retrievability:
Academic records are filed alphabetically by course title;
student expense files are filed alphabetically by course and fiscal
year.
Safeguards:
Personnel screening, hardware and software computer security
measures. Paper records are retained in a locked container and/or
room. All records are maintained in areas that are secured by
building security personnel during non-business hours. Records are
retained in areas accessible only to authorized personnel who are
properly screened, cleared and trained.
Retention and disposal:
Records are covered by FEMA Records Schedule N1-311-88-2.
Applications and registrations records accepted for admission are
held until the end of the fiscal year. Inactive files are destroyed
after 40 years. Students not accepted for admission are cut off at
the end of the fiscal year and destroyed one year after cut off.
Student stipend agreements are destroyed after 6 years and 3 months.
System manager(s) and address:
Director, Office of Training, Federal Emergency Management
Agency, National Emergency Management Training Center, 16825 South
Seton Avenue, Emmitsburg, Maryland 21727.
Notification procedure:
Inquiries should be addressed to the 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.
Record access procedures:
Same as notification procedure above.
Contesting record procedures:
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 promulgated in 44 CFR part 6.
Record source categories:
Directly from the individual's application and academic records,
educational institutions, applicant's employer, and instructors.
Systems exempted from certain provisions of the act:
None.
FEMA/NETC-2
System name: Emergency Management Training Program Home Study
Courses.
Security classification:
Unclassified.
System location:
National Emergency Training Center, Federal Emergency Management
Agency, Emmitsburg, Maryland 21727. Answer sheets are provided to
FEMA's Home Study Office to establish a printout of name, address,
social security number, pass/fail indicator for each course, and date
of completion of each course or date of disenrollment. The computer
printouts are maintained by each Regional office, addresses are
listed in Appendix A and the Emergency Management Institute.
Categories of individuals covered by the system:
Any citizen who desires to further his/her knowledge of emergency
management is eligible for these home study courses.
Categories of records in the system:
Files include FEMA Form 95-23, student application form; group
enrollment forms; group completion forms; computer printouts
indicating home study entry, progress, and completion, and
correspondence.
Authority for maintenance of the system:
5 U.S.C. 301; 44 U.S.C. 3101; 50 U.S.C. App. 2253, 2281; E.O.
9397.
Purpose(s):
For the purpose of improving emergency management practices
throughout the United States. The Home Study Program is one of five
channels FEMA uses to deploy training to the general public and to
emergency management audiences.
Routine uses of records maintained in the system, including
categories of users and the purposes of such uses:
Applications, answer sheets and/or computer printouts are
disclosed to the FEMA Home Study Office to enter application data
into home study program, to release home study program materials to
applicants, and to forward certificates to applicants who
successfully complete a course; to FEMA Regional offices and State
Emergency Management offices to assess home study progress and
completion and to schedule more advanced training for students within
their jurisdiction who have completed basic emergency management
instruction through home study courses. Additional routine uses may
include Nos. 2, 3, 5 and 8 of Appendix A.
Policies and practices for storing, retrieving, accessing,
retaining, and disposing of records in the system:
Storage:
Paper files and automated files on hard disks.
Retrievability:
By name, address and social security number.
Safeguards:
Personnel screening, hardware and software computer security
measures. Paper records are retained in a locked container and/or
room. All records are maintained in areas that are secured by
building security personnel during non-business hours. Records are
retained in areas accessible only to authorized personnel who are
properly screened, cleared and trained.
Retention and disposal:
Home study records at National Emergency Training Center are
covered by General Records Schedule 1 and destroyed 5 years after
completion of the courses. The computer printouts are destroyed when
obsolete, superseded or no longer necessary.
System manager(s) and address:
Director, Office of Training, Federal Emergency Management
Agency, National Emergency Training Center, 16825 South Seton Avenue,
Emmitsburg, Maryland 21727.
Notification procedure:
Inquiries should be addressed to the 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.
Record access procedures:
Same as notification procedure above.
Contesting record procedures:
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 promulgated in 44 CFR part 6.
Record source categories:
Application forms completed and submitted by applicants for FEMA
Home Studies courses.
Systems exempted from certain provisions of the act:
None.
FEMA/NETC-3
System name: Records of Alleged Misconduct of Students Attending
Training Courses at the National Emergency Training Center.
Security classification:
Unclassified.
System location:
National Emergency Training Center, Federal Emergency Management
Agency, Emmitsburg, Maryland 21727.
Categories of individuals covered by the system:
Students attending training courses at the National Emergency
Training Center who have been charged with alleged misconduct or
found guilty of misconduct.
Categories of records in the system:
File may include statements from the student charged with alleged
misconduct and witnesses; Security reports from Security personnel
assigned to the National Emergency Training Center; police reports
describing the alleged incident; a copy of student application
records, FEMA Form 75-5, which contains the name, address,
educational level, social security number, pre-requisite courses
taken and where, organization and program affiliation, position title
and length of service, business and residence telephone numbers,
date, course title and location; student stipend reimbursement files;
State recommendations; and attendance and progress reports.
Authority for maintenance of the system:
5 U.S.C. 301; 44 U.S.C. 3101 50 U.S.C. App. 2253, 2281; E.O.
12127; E.O. 12148; and Reorganization Plan No. 3 of 1978.
Purpose(s):
For the purpose of evaluating the alleged misconduct to make an
administrative decision as to whether the action warrants dismissal
from participation in the training course at the National Emergency
Training Center. Upon admission to the National Emergency Training
Center, students are apprised that if they are sent home as a result
of misconduct, they may not attend future sessions for one (1) fiscal
year following the current fiscal year in which the incident
occurred.
Routine uses of records maintained in the system, including
categories of users and the purposes of such uses:
A letter notifying the student's employer of the student's
dismissal for reasons of misconduct is sent by the National Emergency
Training Center. Upon written request by the student's employer,
information from and/or copies of the statements from the student
sent home as a result of misconduct and witnesses, police reports,
and security reports from security personnel assigned to the National
Emergency Training Center may be made available to the student's
employer for the purpose of determining if disciplinary action is
appropriate by the student's employing organization.
Policies and practices for storing, retrieving, accessing,
retaining, and disposing of records in the system:
Storage:
Paper records in file folders.
Retrievability:
By name or social security number.
Safeguards:
Paper records are retained in a locked container and/or room. All
records are maintained in areas that are secured by building security
personnel during non-business hours. Records are retained in areas
accessible only to authorized personnel who are properly screened,
cleared and trained.
Retention and disposal:
Records are covered by General Records Schedule 18 and are
destroyed when 2 years old.
System manager(s) and address:
Director, Office of Training, Federal Emergency Management
Agency, National Emergency Training Center, 16825 South Seton Avenue,
Emmitsburg, Maryland 21727.
Notification procedure:
Inquiries should be addressed to the 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.
Record access procedures:
Same as notification procedure above.
Contesting record procedures:
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 promulgated in 44 CFR part 6.
Record source categories:
Directly from the students, witnesses, State and local police
departments, and derived from student application and academic
records.
Systems exempted from certain provisions of the act:
None.
FEMA/NETC-4
System name: Associate Faculty Tracking System.
Security classification:
Unclassified.
System location:
Records are stored at the Federal Emergency Management Agency,
Office of Training, National Emergency Training Center, Emmitsburg,
MD 21727.
Categories of individuals covered by the system:
Individuals who provide instruction in the delivery of Office of
Training resident and field courses.
Categories of records in the system:
Individuals name; home and/or business addresses and telephone
numbers; taxpayer identification number; title of courses taught;
dates and location of courses; professional degrees; area(s) of
expertise; cost data; and evaluations of courses and instructors.
Authority for maintenance of the system:
Federal Civil Defense Act of 1950, as amended, 50 U.S.C. App.
2251 et seq; Robert T. Stafford Disaster Relief and Emergency
Assistance Act, 42 U.S.C. App. 5121 et seq; National Security Act of
1947, 50 U.S.C. App. 404; Defense Production Act of 1950, 50 U.S.C.
App. 2061 et seq; National Flood Insurance Act of 1968, as amended;
Flood Disaster Protection Act, as amended, 42 U.S.C. App. 4001 et
seq; and Earthquake Hazards Reduction Act of 1977, as amended, 42
U.S.C. 7701, et seq; Federal Fire Prevention and Control Act of 1974,
15 U.S.C. App. 2201 et. seq; 5 U.S.C. 301 and 3108; E.O. 1212 and
Reorganization Plan No. 3 of 1978; Comprehensive Environmental
Response, Compensation, and Liability Act of 1980, 42 U.S.C. 9615 et
seq (CERCLA), as further amended by the Superfund Amendments and
Reauthorization Act (SARA) of 1986, Pub.L. 99-499; and Emergency
Planning and Community Right to Know Act of 1986, as amended, 42
U.S.C. 11001 et seq (SARA Title III).
Purpose(s):
To provide a capability to track associate faculty data to
facilitate the selection of instructors and maintenance of records.
The Office of Training staff may access the system to add records for
new instructors and/or course offerings, update records for existing
instructors, generate on-screen queries and hard copy reports to
facilitate the selection of instructors based on factors such as area
of expertise or previous evaluations, and obtain cost information in
support of budget requirements.
Routine uses of records maintained in the system, including
categories of users and the purposes of such uses:
Routine uses may include Nos. 1, 2, 3, 5 and 8 of Appendix A.
Disclosure to consumer reporting agencies:
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 Federal Claims Collection Act of 1966 (31 U.S.C.
3701(a)(3)).
Policies and practices for storing, retrieving, accessing,
retaining, and disposing of records in the system:
Storage:
Stand-alone personal computers which consist of hard drive with
floppy backup and network use consists of hard drive and magnetic
storage media as backup as well as hard copy procurement
documentation.
Retrievability:
Menu-driven system capable of retrieving data based on a variety
of sorting features. Generally the records will be retrieved by one
of the following: Name, taxpayer identification number, area(s) of
expertise, course and/or course code.
Safeguards:
The system is accessible by password into an established network
capability or on a designated stand-alone computer with limited
access and data transmission via modem. Hard copy records are
maintained in areas that are secured by building guards during
nonbusiness hours.
Retention and disposal:
Records are updated and are destroyed when no longer needed in
accordance with General Records Schedule 3c.
System manager(s) and address:
Director, Office of Training, Federal Emergency Management
Agency, Washington, DC 20472.
Notification procedure:
Individuals wishing to inquire whether this system of records
contains information about themselves should contact the system
manager identified above. Written request should be clearly marked
``Privacy Act Request'' on the envelope and letter. Requests should
include full name of the individual, some type of appropriate
personal identification, and current address.
For personal visits, the individuals should be able to provide
some acceptable identification, that is, driver's license, employing
organization's identification card, or other identification card.
Record access procedures:
Same as notification procedures above.
Record source categories:
Information submitted directly by the subject individuals.
Systems exempted from certain provisions of the act:
None.
FEMA/NP-1
System name: Emergency Assignment System.
Security classification:
Unclassified.
System location:
National Preparedness Directorate, Federal Emergency Management
Agency, Washington, DC 20472.
Categories of individuals covered by the system:
Emergency assignees to the FEMA Special Facility.
Categories of records in the system:
Personnel data, social security number, personal data, skills
inventory, and other related information for the purpose of in-house
official use, based upon a need-to-know requirement, to assist
officials charged with emergency responsibilities in the assignment
and coordination of activities in the Office of Facilities
Management.
Authority for maintenance of the system:
E.O. 12148, July 20, 1979.
Purpose(s):
To assist officials charged with emergency responsibilities in
the assignment and coordination of activities in the Office of
Facilities Management.
Routine uses of records maintained in the system, including
categories of users and the purposes of such uses:
Routine uses may include Nos. 1, 2, 3, 5 and 8 of Appendix A.
Policies and practices for storing, retrieving, accessing,
retaining, and disposing of records in the system:
Storage:
Mag-tape, drum, disc and paper.
Retrievability:
By name, personal characteristics or skills, badge number, and
agency.
Safeguards:
Personnel screening hardware and software computer security
measures; paper records in a locked container and/or room. All
records are maintained in areas that are secured by building guards
during non-business hours. Records are retained in areas accessible
only to authorized personnel who are properly screened, cleared and
trained.
Retention and disposal:
Retention of records shall be for duration of assignment.
Disposition of records shall be in accordance with the FEMA Records
Schedule N1-311-86-1, 5F3.
System manager(s) and address:
Associate Director, National Preparedness Directorate, Federal
Emergency Management Agency, Washington, DC 20472.
Notification procedure:
Inquiries should be addressed to the 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.
Record access procedures:
Same as notification procedure above.
Contesting record procedures:
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 promulgated in 44 CFR part 6.
Record source categories:
The individuals to whom the record pertains.
Systems exempted from certain provisions of the act:
None.
FEMA/NP-2
System name: Key Personnel Central Locator List.
Security classification:
Unclassified.
System location:
National Preparedness Directorate, Federal Emergency Management
Agency, Washington, DC 20472.
Categories of individuals covered by the system:
FEMA key Personnel, Associate Directorate staffs, Emergency Team
members and individuals who may be required to respond to natural or
technological emergencies (i.e., Federal and military agencies,
etc.).
Categories of records in the system:
System consists of ``Cardex'' software and contains office and
home telephone numbers, paper numbers and secure phone numbers as
applicable. Access to the file is limited to protect the home
telephone numbers of personnel in the files.
Authority for maintenance of the system:
E.O. 12148, July 20, 1979.
Purpose(s):
For the purpose of locating selected key FEMA personnel in the
event of a national disaster or civil emergency. In the event of a
national disaster or civil emergency which requires action by FEMA,
the list will be referred to in order to locate selected key
officials.
Routine uses of records maintained in the system, including
categories of users and the purposes of such uses:
To enable the Emergency Action Staff to forward calls from key
staff to members of their staffs, other key staff members or the
Director's staff. To provide telephone alerting during notification
stages in response to emergencies or exercises. To make notifications
to program officers in response to Presidential declarations as
required.
Additional routine uses may include Nos. 5 and 8 of Appendix A.
Policies and practices for storing, retrieving, accessing,
retaining, and disposing of records in the system:
Storage:
Paper records.
Retrievability:
By name.
Safeguards:
Paper records in a locked container and/or room. All records are
maintained in areas that are secured by building guards during non-
business hours. Records are retained in areas accessible only to
authorized personnel who are properly screened, cleared and trained.
Retention and disposal:
Records are destroyed in accordance with FEMA Records and
Schedule N1-311-86-1, 5F3.
System manager(s) and address:
Associate Director, National Preparedness Directorate, Federal
Emergency Management Agency, Washington, DC 20472.
Notification procedure:
Inquiries should be addressed to the 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.
Record access procedures:
Same as notification procedure above.
Contesting record procedures:
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 promulgated in 44 CFR part 6.
Record source categories:
The individuals to whom the record pertains.
Systems exempted from certain provisions of the act:
None.
FEMA/OC-1
System name: Travel and Transportation Accounting.
Security classification:
Unclassified.
System location:
Office of the Comptroller, Federal Emergency Management Agency,
Washington, DC 20472, and all FEMA Regional offices, addresses are
listed in Appendix AA. Bi-weekly payroll records are also maintained
at classified location and relocation facilities under the FEMA Vital
Operating Records Program.
Categories of individuals covered by the system:
All FEMA employees, headquarters and field, including full-time
permanent, part-time, temporary, consultants, and former employees
who perform (temporary duty or permanent change of duty station)
travel.
Categories of records in the system:
File contains FEMA Form 60-2, requests and authorizations for
travel; SF-1169, U.S. Government transportation requests; SF-1038,
request for advances of funds; payment records of outstanding travel
advances; SF-1012F (PAID) travel vouchers; SF-1170, Redemption of
Unused tickets and related records of unused tickets; travel history
records; collection vouchers for refunds of advances; and
correspondence relating to travel claims. This system includes the
taxpayer identification number (social security number).
Authority for maintenance of the system:
5 U.S.C. 5701; 30 U.S.C. 52; 31 U.S.C. 65; 31 U.S.C. 71; 41
U.S.C. 3101; 50 U.S.C. App. 2253.
Purpose(s):
For the purpose of administering travel requirements.
Routine uses of records maintained in the system, including
categories of users and the purposes of such uses:
To finance and administration personnel for the purpose of
recording and controlling obligations involving travel, and the
storage and shipment of household goods, advances, refunds and
expenditures of travel funds; to prevent errors leading to improper
payments; to detect and recover overpayments; and to support billings
to carriers for travel and transportation furnished.
Additional routine uses may include any of the uses listed in
Appendix A.
Disclosure to consumer reporting agencies:
Disclosures pursuant to 5 U.S.C. 552a(b)(12): 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 Federal
Claims Collection Act of 1966 (31 U.S.C. 3701(a)(3)).
Policies and practices for storing, retrieving, accessing,
retaining, and disposing of records in the system:
Storage:
Paper records and computerized records.
Retrievability:
Travel authorizations are filed alphabetically by transportation
requests; records of unused tickets are filed by TR number; records
of outstanding advances and travel history records are filed
alphabetically by individual; and all advance, refund and payment
records are filed by payment date in schedule number sequence.
Safeguards:
Personnel screening, hardware and software computer security
measures; paper records are maintained in locked containers and/or
room. All records are maintained in areas that are secured by
building guards during non-business hours. Records are retained in
areas accessible only to authorized personnel who are properly
screened, cleared and trained.
Retention and disposal:
Records in this system are covered by General Records Schedule 9.
Passenger transportation records are destroyed when 3 years old.
Passenger reimbursement records are destroyed when 3 years old.
Unused ticket forms are destroyed when no longer needed. General
travel and transportation records, as well as accountability records,
are destroyed 1 year after all entries are cleared.
System manager(s) and address:
Comptroller, Federal Emergency Management Agency, Washington, DC
20472; all Regional Directors of FEMA, addresses as listed in
Appendix AA.
Notification procedure:
Individuals wishing to inquire whether this system of records
contains information about themselves should contact the system
manager identified above. Written requests should be clearly marked
``Privacy Act Request'' on the envelope and letter. Requests should
include full name of the individual, some types of appropriate
personal identification, and current address.
For personal visits, the individuals should be able to provide
some acceptable identification, that is, driver's license, employing
organization's identification card, or other identification card.
Record access procedures:
Same as Notification procedures above.
Contesting record procedures:
Same as Notification procedures 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 promulgated in 44 CFR part 6.
Record source categories:
FEMA Form 60-2, Official Travel Authorization; SF-1169, U.S.
Government Transportation Request are submitted by authorized
officials; SF-1038, Application and Account for Advances of Funds are
submitted by employee requiring advances; SF-1012F, (PAID) Travel
Vouchers are received from the finance and administration office; SF-
1170, Redemption of Unused Tickets are prepared from unused tickets
turned in by travelers and the file copy of the related
Transportation Request and Travel History Record by individuals are
prepared from paid vouchers.
Systems exempted from certain provisions of the act:
None.
FEMA/OC-2
System name: Debt Collection Files.
Security classification:
Unclassified.
System location:
Primary system is located in the Office of Financial Management,
Federal Emergency Management Agency, 500 C Street SW, Washington, DC
20472. Secondary systems may be maintained by the Debt Collection
Officers designated for the following offices: Federal Insurance
Administration, National Preparedness Directorate, State and Local
Programs and Support Directorate, United States Fire Administration,
U.S. Fire Academy/National Emergency Training Center and each FEMA
Regional Office.
Categories of individuals covered by the system:
Individuals who are indebted to FEMA.
Categories of records in the system:
The Debt Collection Files will contain copies of debt collection
letters and Optional Form 1114, Bills for Collection, and
correspondence to and from the debtor relating to the debt. The files
will include such information as the name and address of the debtor;
taxpayer's identification number (which may be the social security
number); amount of debt or delinquent amount; basis of the debt; date
debt arose; office referring debt to the Agency Collections Officer;
record of each collection made; credit report or FEMA Form 22-13;
financial statement reflecting the net worth of the debtor; date by
which debt must be referred to the Agency Collections Officer for
further collection action; citation or basis on which debt was
terminated or compromised; and the appropriation number under which
the Accounts/Notes Receivable was established.
Authority for maintenance of the system:
Debt Collection Act of 1982, 31 U.S.C. 3701 et seq.
Purpose(s):
Information in the record system is used to collect monies owed
FEMA arising out of any administrative or program activities or
service administered by FEMA. The Debt Collection files represent the
basis for the debt, the amount of the debt, and actions taken by FEMA
to collect the debt. The credit report or financial statement
provides an understanding of the individual's financial condition
with respect to requests for deferment of payment.
Routine uses of records maintained in the system, including
categories of users and the purposes of such uses:
When debts are uncollectible, copies of the FEMA Debt Collection
file regarding the debt and actions taken to collect the monies are
forwarded to the U.S. General Accounting Office, Department of
Justice, United States Attorney, or other federal agencies for
further collection action. FEMA may also provide copies of debt
collection letters, Optional Form 1114, Bill for Collection, and FEMA
correspondence to the debtor or to a debt collection agency under
contract with FEMA for further collection action. FEMA may also send
debtors' names and social security numbers to other federal agencies
for computer matches to determine whether such debtors are receiving
salary or retired pay from the Federal Government and would be
subject to salary or administrative offset. FEMA may also send the
debtors' names, social security numbers and amounts owed to federal
agencies in order to effect offsets against salaries, retirement
payments, or both, if applicable. FEMA may also refer delinquent
debtors by name, social security number, social security or other
taxpayer identification number, amount owed and date of delinquency
to the IRS for collection by offset against tax refunds.
Disclosure to consumer reporting agencies:
Disclosure pursuant to 5 U.S.C. 552a(b)(12): 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).
Disclosures to Federal agencies for computer or other type of
match: Disclosure pursuant to 5 U.S.C. 552a(b)(3): Disclosures of
delinquent debtors' names and social security numbers may be made to
the Defense Manpower Data Center and to other federal agencies for a
computer or other type of match to determine whether such debtors are
employed as employees of the federal government, are active duty
members of the uniformed services, are drawing retired pay from the
federal government and are subject to salary or administrative offset
to collect debts owed to FEMA.
Disclosures to Federal agencies for salary or retired pay offset:
Disclosures pursuant to 5 U.S.C. 552a(b)(3): FEMA may disclose names,
social security numbers, amounts of debts past due to federal
agencies employing debtors to effect salary or administrative offset
against salaries, active duty pay or retirement pay to collect debts
owed FEMA under provisions of 5 U.S.C. 5514, 5705(1) and 5724(f).
Disclosure to the Internal Revenue Service: Disclosure pursuant
to 5 U.S.C. 552a(b)(3) and 31 U.S.C. 3720A: Disclosure of delinquent
debtor's names and social security numbers may be made to the
Internal Revenue Service under provisions of 26 U.S.C. 6103(m)(2) and
26 CFR 301.6402-6T(a) for the IRS to provide FEMA with latest
addresses known to IRS so that FEMA may notify such delinquent
debtors that FEMA intends to take offset against tax refunds that
would otherwise be paid to these debtors. If these debtors do not
successfully present evidence and arguments which convince FEMA not
to have IRS exercise offset, then FEMA will report delinquent debtors
by name, social security number, amount of indebtedness and date that
the debt became delinquent under the provisions of 31 U.S.C. 3720A.
Policies and practices for storing, retrieving, accessing,
retaining and disposing of records in the system:
Storage:
Records are maintained in file folders, on lists and forms, and
in computer processable storage media.
Retrievability:
The primary system files are filed by bill for collection number;
the secondary systems may be filed by bill for collection number,
name, or taxpayer's identification number (which may be the social
security number).
Safeguards:
Personnel screening; hardware and software computer measures;
paper records are maintained in locked containers, a locked room, or
both. All records are maintained in areas that are secured by
building guards during non-business hours. Records are retained in
areas accessible only to authorized personnel who are properly
screened, cleared and trained. Addresses of delinquent debtors
provided by IRS will be maintained in separate bar-locked combination
locked file cabinets to which only FEMA Headquarters debt collection
personnel have the lock's combination.
Retention and disposal:
Records are covered by General Records Schedule 6. The file on
each debt on which administrative collection action has been
completed shall be retained by Debt Collection Officers' respective
program offices not less than one year after the applicable statute
of limitations has expired. The file is then transferred to the
National Archives and Records Administration for a period of six
years and three months after the end of the fiscal year in which the
debt was closed out by means of the debt being paid, terminated,
compromised, or the statute of limitations had run out. However,
addresses provided by the IRS under the Federal Tax Refund Offset
Program will be shredded either after the debt is collected in full,
terminated, suspended, or the offset statute of limitations has
expired.
System manager(s) and address:
Chief Financial Officer, Federal Emergency Management Agency, 500
C Street SW, Washington, DC 20472, who is designated the Agency
Collections Officer (ACO) by 44 CFR 11.34(a)(1). The ACO is assisted
by Debt Collections Officers (DCOs) who are those employees in the
regions and in the program offices responsible for initiating bills
for collection. If the DCOs are unable to collect the debts, they
will refer the bills to the ACO for further action.
Notification procedures:
Individuals wishing to inquire whether this system of records
contains information about themselves should contact the system
manager, identified above. Written requests should be clearly marked
``Privacy Act Request'' on the envelope and on the letter. Requests
should include full name of the individual, some type of appropriate
identification, and current address.
For personal visits, the individuals should be able to provide
some acceptable identification, driver's license, employing
organization's identification card or other identification card.
Record access procedures:
Same as Notification Procedures above.
Contesting record procedures:
Same as Notification Procedures 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 promulgated in
44 CFR part 6.
Record source categories:
Directly from the individual, the initial loan application,
credit report from the commercial credit bureau, administrative
program offices within FEMA, or other federal, state or local
agencies which are involved in programs or services administered by
FEMA. In the case of addresses being used in the IRS Tax Refund
Offset Program for delinquent debtor notification described above,
addresses will be provided by the IRS.
Systems exempted from certain provisions of the act:
None.
FEMA/PER-1
System name: Grievance Records.
Security classification:
Limited access.
System location:
Office of Personnel and Equal Opportunity, Federal Emergency
Management Agency, Washington, DC 20472.
Categories of individuals covered by the system:
Current or former employees who have submitted grievances with
FEMA in accordance with part 771 of the Office of Personnel
Management regulations (5 CFR part 771), or a negotiated procedure.
Categories of records in the system:
The system contains records relating to grievances filed by
agency employees under part 771 of the Office of Personnel Management
regulations. These case files contain all documents related to the
grievance, including statements of witnesses, reports of interviews
and hearings, examiner's findings and recommendations, a copy of the
original and final decision, and related correspondence and exhibits.
This system includes files and records of administrative grievances
and negotiated grievance/arbitration systems that FEMA may establish
through negotiations with recognized labor organizations.
Authority for maintenance of the system:
5 U.S.C. 1302, 3301, 3302, E.O. 10577, 3 CFR 1954-58 Comp., p.
218, E.O. 10967, 3 CFR 1959-1963 Comp., p. 519.
Purpose(s):
For the purpose of processing grievance complaints from agency
employees for personal relief in a matter of concern or
dissatisfaction which is subject to the control of FEMA management.
Routine uses of records maintained in the system, including
categories of users and the purposes of such uses:
To disclose information to any source from which additional
information is requested in the course of processing a grievance, to
the extent necessary to identify the individual, inform the source of
the purpose(s) of the request and identify the type of information
requested; to disclose information to another Federal agency or to a
court when the Government is party to a judicial proceeding before
the court, in the production of summary descriptive statistics and
analytical studies in support of the function for which the records
are collected and maintained, or for related work force studies.
While published statistics and analytical studies do not contain
individual identifiers, in some instances the selection of elements
of data included in the study may be structed in such a way as to
make the data included individually identifiable by inference; to
disclose information to officials of the Merit Systems Protection
Board, including the Office of the Special Counsel, the Federal Labor
Relations Authority and its General Counsel, or the Equal Employment
Opportunity Commission when requested in performance of their
authorized duties; to disclose in response to a request for discovery
or for appearance of a witness, information that is relevant to the
subject matter involved in a pending judicial or administrative
proceeding; and to provide information to officials of labor
organizations reorganized under the Civil Service Reform Act when
relevant and necessary to their duties of exclusive representation
concerning personnel policies, practices, and matters affecting work
conditions.
Additional routine uses may include Nos. 1, 2, 5 and 8 of
Appendix A.
Policies and practices for storing, retrieving, accessing,
retaining, and disposing of records in the system:
Storage:
These records are maintained in file folders.
Retrievability:
By name of the individual.
Safeguards:
Paper records in a locked container and/or room. All records are
maintained in areas that are secured by building guards during non-
business hours. Records are retained in areas accessible only to
authorized personnel who are properly screened, cleared and trained.
Retention and disposal:
These records are covered by General Records Schedule 1 and are
destroyed 3 years after closing of the case.
System manager(s) and address:
Director of Personnel and Equal Opportunity, Federal Emergency
Management Agency, Washington, DC 20472.
Notification procedure:
Inquiries should be addressed to the 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.
Record access procedures:
Same as notification procedure above.
Contesting record procedures:
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 promulgated in 44 CFR part 6.
Record source categories:
Information in this system of records is provided by (1) the
individual on whom the record is maintained; (2) testimony of
witnesses; and (3) from related correspondence from organizations or
persons.
Systems exempted from certain provisions of the act:
None.
FEMA/PER-2
System name: Equal Employment Opportunity Complaints of
Discrimination Files.
Security classification:
Limited access.
System location:
Office of Personnel and Equal Opportunity, Federal Emergency
Management Agency, Washington, DC 20472.
Categories of individuals covered by the system:
Any FEMA employee or applicant for employment, headquarters,
regional and field offices, including full-time, permanent, part-time
and temporary employees, who file a complaint of discrimination
against FEMA. Also, any persons who file or could file a complaint of
discrimination with FEMA alleging discrimination by a State or local
government in violation of title VI of the Civil Rights Act of 1964
and any other similar legislation involving discrimination by a State
or local government.
Categories of records in the system:
Files include complaints of discrimination brought against FEMA
by employees or applicants because of race, color, religion, sex,
age, handicapped, or national origin; records of counselor's reports,
records of investigation, records of hearings and disposition of
cases involving Equal Employment Opportunity. Files also include
reports, documents, and information in support of or contrary to the
complaint or potential complaint, records of hearings and disposition
of the cases by the States or the Director, Federal Emergency
Management Agency or higher authority.
Authority for maintenance of the system:
Pub. L. 92-261 and 93-211 as amended by Pub. L. 93-516, Equal
Employment Opportunity Act of 1972, Executive Orders 11478 and 12067,
title VI, Civil Rights Act of 1964 (78 Stat.) (42 U.S.C. 2000d et
seq.).
Purpose(s):
For the purpose of ascertaining whether discrimination has taken
place.
Routine uses of records maintained in the system, including
categories of users and the purposes of such uses:
(a) To Title VI Officers and other investigators and reporting
officers to ascertain whether discrimination under the Title VI rules
and regulations have taken place; (b) to investigators to secure
testimony and affidavits of witnesses and other pertinent data
involving Equal Employment Opportunity cases; (c) to State officials
and investigators to secure testimony of witnesses and other
pertinent data involving Title VI, Civil Rights Act cases; (d) to
EEOC and other Federal agencies with jurisdiction for hearings and
appeals; (e) to higher authorities outside of FEMA for making a
decision; and (f) to the U.S. Justice Department or other agencies as
appropriate for enforcement action and where necessary in reporting.
Additional routine uses may include Nos. 4, 5, 7 and 8 of
Appendix A.
Policies and practices for storing, retrieving, accessing,
retaining, and disposing of records in the system:
Storage:
These records are maintained in file folders and some information
may be automated.
Retrievability:
By name of the individual.
Safeguards:
Personnel screening hardware and software computer security
measures; paper records in a locked container and/or room. All
records are maintained in areas that are secured by building guards
during non-business hours. Records are retained in areas accessible
only to authorized personnel who are properly screened, cleared and
trained.
Retention and disposal:
Official discrimination complaint case files are covered by
General Records Schedule 1 and are destroyed 4 years after resolution
of case. EEO General Files which records pertaining to the Civil
Rights Act of 1964 are covered by General Records Schedule 1 and are
destroyed when 3 years old, or when superseded or obsolete, whichever
is applicable.
System manager(s) and address:
Director of Personnel and Equal Opportunity, Federal Emergency
Management Agency, Washington, DC 20472.
Notification procedure:
The major part of this system is exempted from this requirement
and the access and contesting requirement under 5 U.S.C. 552a(k)(2).
To the extent that this system of records is not subject to
exemption, it is subject to notification, access and contesting
procedures. A determination as to the applicability of an exemption
as to a specific record shall be made at the time a request for
notification, access, or contesting is received. Inquiries should be
addressed to the 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.
Record access procedures:
Same as notification procedure above.
Contesting record procedures:
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 promulgated in 44 CFR part 6.
Record source categories:
(a) For the Equal Employment Opportunity files--Information is
secured from previous employers, friends and acquaintances of the
complainant and the alleged discriminating official, official
personal records, educational institutions, etc.; (b) For Civil
Rights Act (Title VI) files--Information is secured from complainants
and from FEMA officials who conduct Title VI compliance reviews at
the State and local level, from citizens who have been denied
services or use of facilities, from State and local government
records and institutional and organizational records; from State
officials who have observed violations or local officials who have
reported violations to the State.
Systems exempted from certain provisions of the act:
The Director, Federal Emergency Management Agency, has determined
that this system should be exempted from subsections (c)(3), (d),
(e)(1), (e)(4) (G), (H), (I) and (f), of the Privacy Act, 5 U.S.C.
552a, pursuant to 5 U.S.C. 552a(k)(2). Rules have been promulgated in
accordance with the requirements of 5 U.S.C. 553 (b), (c) and (e) and
have been published in 44 CFR 6.87.
FEMA/PER-3
System name: Payroll and leave accounting.
Security classification:
Unclassified.
System location:
Office of Personnel and Equal Opportunity, Federal Emergency
Management Agency, Washington, DC 20472, and all FEMA Regional
offices, addresses are listed in Appendix AA. Office timekeepers at
both Headquarters and all Regional offices maintain some duplicative
payroll and leave accounting records for input into U.S. Department
of Agriculture electronic system to issue paychecks. Bi-weekly
payroll records are also maintained at classified location and
relocation facilities under the FEMA Vital Operating Records Program.
Categories of individuals covered by the system:
All FEMA employees, headquarters and field, including full-time
permanent, part-time, temporary, consultants, and former employees.
Categories of records in the system:
Form W-4, Federal and State withholding statement; SF-1192, bond
applications; bond listing; SF-50, Notification of Personnel Actions;
SF-1199A, Direct Deposit Sign-up form; TSP-1, Thrift Savings Plan
Election Form; Form TSP-22, Thrift Savings Plan Loan Payment
Allotment Form; TFS Form 7311, Employee Withholding Certificate for
City Taxes; SF 2809, Health Benefit Election Form; SF 2810, Notice of
Change in Health Benefit Enrollment; SF 1150, Record of Leave Data;
and SF 1187 Request for Payroll Deductions for Labor Organization
Dues. Official payroll records are maintained in the U.S. Department
of Agriculture's National Finance Center, New Orleans PAY/DERS
system. This system includes the taxpayer identification number
(social security number).
Authority for maintenance of the system:
Sec. 112(a) of the Budget and Accounting Procedures Act of 1950;
31 U.S.C. 66(a); 5 U.S.C. 5501, et seq., 5525 et seq., and 6301 et
seq.
Purpose(s):
For the purpose of administering the pay and leave requirements.
Routine uses of records maintained in the system, including
categories of users and the purposes of such uses:
These records and information in these records may be used: (a)
By the U.S. Department of Agriculture to issue checks and U.S.
Savings bonds; (b) by the Department of Labor in connection with a
claim filed by an employee for compensation due to a job-connected
injury or illness; (c) by state offices of unemployment compensation
in connection with claims by former Agency employees for unemployment
compensation; (d) by Federal Employees' Group Life Insurance or
Health Benefits carriers in connection with survivor annuity or
health benefits claims or records reconciliations; (e) to provide
officials of labor organizations recognized under the Civil Service
Reform Act with information as to the identity of Agency employees
contributing union dues each pay period and the amount of dues
withheld from each contributor; (f) to disclose information to
officials of labor organizations recognized under the Civil Service
Reform Act when relevant and necessary to their duties of exclusive
representation concerning personnel policies, practices, and matters
affecting working conditions; (g) to disclose information to another
Federal agency or to a court when the Government is party to a
judicial proceeding before the court; (h) to disclose, in response to
a request for discovery or for appearance of a witness, information
that is relevant to the subject matter involved in a pending judicial
or administrative proceeding; (i) to disclose information to
officials of the Merit Systems Protection Board, including the Office
of the Special Counsel, the Federal Labor Relations Authority and its
General Counsel, Social Security Administration, or the Equal
Employment Opportunity Commission when requested in performance of
their authorized duties.
Additional routine uses may include any of the uses listed in
Appendix A.
Disclosure to consumer reporting agencies:
Disclosures pursuant to 5 U.S.C. 552a(b)(12): 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 Federal
Claims Collection Act of 1966 (31 U.S.C. 3701(a)(3)).
Policies and practices for storing, retrieving, accessing,
retaining, and disposing of records in the system:
Storage:
The above mentioned forms consist of paper records in file
folders; information from these forms are keyed into a computer
system and transmitted to the U.S. Department of Agriculture for
preparing checks and bonds.
Retrievability:
Federal and state withholding statements, bond applications,
requests by employees for allotments of pay for credit to savings
accounts with financial institutions, and notifications of personnel
actions are filed alphabetically by name of individual.
Safeguards:
Personnel screening, hardware and software computer security
measures; paper records are maintained in locked containers and/or
room. All records are maintained in areas that are secured by
building guards during non-business hours. Records are retained in
areas accessible only to authorized personnel who are properly
screened, cleared and trained.
Retention and disposal:
Individual authorized allotment records are covered by General
Records Schedule 2 and are destroyed 3 years after superseded or
after transfer or separation of the employee. Bond registration
records are covered by General Records Schedule 2 and are destroyed
when 2 years old. Notification of personnel actions are covered by
General Records Schedule 1 and are destroyed when 2 years old.
System manager(s) and address:
Director, Office of Personnel and Equal Opportunity, Federal
Emergency Management Agency, Washington, DC 20472; all Regional
Directors of FEMA, addresses as listed in Appendix AA.
Notification procedure:
Individuals wishing to inquire whether this system of records
contains information about themselves should contact the system
manager identified above. Written requests should be clearly marked
``Privacy Act Request'' on the envelope and letter. Requests should
include full name of the individual, some type of appropriate
personal identification, and current address.
For personal visits, the individuals should be able to provide
some acceptable identification, that is, driver's license, employing
organization's identification card, or other identification card.
Record access procedures:
Same as Notification procedures above.
Contesting record procedures:
Same as Notification procedures 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 promulgated in 44 CFR part 6.
Record source categories:
Treasury Form TDF 10-11.G-6, Earnings and Leave Statements; Net
Check listings; Form W-4, Federal and State Withholding Statements;
SF-1192, Bond Application; SF-1199, Direct Deposit Sign-up form SF-
1199A, Direct Deposit Sign-up form; TSP-1, Thrift Savings Plan
Election Form; Form TSP-22, Thrift Savings Plan Loan Payment
Allotment Form; TFS Form 7311, Employee Withholding Certificate for
City Taxes; SF 2809, Health Benefit Election Form; SF 2810, Notice of
Change in Health Benefit Enrollment; SF 1150, Record of Leave Data;
and SF 1187 Request for Payroll Deductions for Labor Organization
Dues are submitted by the individual to the U.S. Department of
Agriculture through FEMA payroll offices; and SF-50, Notification of
Personnel Action.
Systems exempted from certain provisions of the act:
None.
FEMA/REG-1
System name: State and local Civil Preparedness Instructional
Program (SLCPIP).
Security classification:
Unclassified.
System location:
Primary system located at FEMA Regional offices, addresses are
listed in Appendix AA. Decentralized system located with State and
local agencies contractors in various States who provide input to
Regional offices. Duplicate data is forwarded to State Emergency
Management offices by contractor in the States for information
purposes only. Addresses of contractors and State Emergency
Management offices are available at FEMA Regions.
Categories of individuals covered by the system:
Individuals include local Emergency Management coordinators,
teachers, school administrators and local officials who are in need
of emergency management training.
Categories of records in the system:
This system is comprised of 4 reporting forms only one of which
has names. These are forwarded from the contractors at the State
level to the Regional offices. The form with names is the SLCPIP
Contractor's Roster. This form is used to give name, address, and
title of participants for each course or workshop conducted. This is
a monthly report to the Regions. The Contracting Officer (Region)
forwards to FEMA Director, Office of Training, National Emergency
Training Center, gross number of activities and participants. The
Regions maintain the roster. The Director, Office of Training,
National Emergency Training Center, consolidates all ten Regions
reports and prepares a consolidated report to the FEMA Director, when
required.
Authority for maintenance of the system:
44 U.S.C. 3101; 50 U.S.C. App. 2253, 2281; E. O. 12148; and
Reorganization Plan No. 3 of 1978.
Purpose(s):
For the purpose of determining which officials are in need or
have taken emergency management training.
Routine uses of records maintained in the system, including
categories of users and the purposes of such uses:
Routine uses may include Nos. 2, 3, 5 and 8 of Appendix A.
Policies and practices for storing, retrieving, accessing,
retaining, and disposing of records in the system:
Storage:
Paper records.
Retrievability:
By name, address, name of course, date and location.
Safeguards:
Paper records in a locked container and/or room. All records are
maintained in areas that are secured by building guards during non-
business hours. Records are retained in areas accessible only to
authorized personnel who are properly screened, cleared and trained.
Retention and disposal:
Records are covered by FEMA Records Schedule N1-311-86-1, 3A-4a
and are destroyed 6 years and 3 months after completion of contract.
System manager(s) and address:
Regional Directors of FEMA, addresses are listed in Appendix AA.
Notification procedure:
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.
Record access procedures:
Same as notification procedure above.
Contesting record procedures:
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 promulgated in 44 CFR part 6.
Record source categories:
The source for information on participants in a course is
forwarded by the contractors in the various States as he/she conducts
training activities in his/her State.
Systems exempted from certain provisions of the act:
None.
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
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 procedure:
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.
Record access procedures:
Same as notification procedure above.
Contesting record 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, 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.
FEMA/SEC-1
System name: Security Support System.
Security classification:
Limited Access. Certain records in this system are provided
security safeguards equivalent to the protection of Top Secret and/or
Special Access Program (SAP) information.
System location:
Office of Security, Federal Emergency Management Agency,
Washington, DC 20472; FEMA Regional offices and Field Activities, and
other facilities designated and approved by the Systems Manager.
Name, Social Security number, FEMA point of contact, and time and
length of visit, is also available to General Services Administration
guards who are hired under a GSA contract for FEMA to confirm proper
identification of individuals requiring access to FEMA Headquarters
facility.
Categories of individuals covered by the system:
FEMA employees, other Federal agency employees, State employees,
and consultant/contract employees and visitors to the FEMA
Headquarters Building and Field Activities, and all other individuals
requiring access to official FEMA premises.
Categories of records in the system:
This system contains security records on FEMA employees,
applicants for employment, nominees. Security records include:
Statement of personal history, personal data (e.g., name, address,
telephone number and social security number) contained on Standard
Forms 85, 85A, 86, and 87, security clearance forms; rosters; lists;
Standard Form 312, non-disclosure statements; FEMA Form 12-17,
security termination statement, and Optional Forms 62 and 63, forms
for record container combinations and other related records. This
system also includes copies of background investigations conducted by
the Office of Personnel Management (OPM), FEMA, or other government
investigative agencies. (The OPM background investigations are not
FEMA records but rather are OPM records covered by OPM's system of
records entitled, OPM/Central-9, Personnel Investigations Records,
and requests for these records must be submitted directly to OPM-
FIPC, Boyers, PA 16018. Requests for investigations conducted by
other government investigative agencies must be submitted directly to
the agency which conducted the investigation. The background
investigations conducted by a FEMA contractor are FEMA records and
are covered by this system notice. This system also contains records
concerning Personnel Security Program for positions associated with
computer systems (Chapter 732 of the Federal Personnel Manual). This
system also includes FEMA Form 12-36, requests for access to FEMA
Special Access Program; FEMA Form 12-35, notification of disapproval
for access to FEMA Special Access Program; FEMA Form 12-37,
inadvertent disclosure statements; FEMA Form 12-38, non-disclosure
agreements; and FEMA Form 12-30, termination of access to certain
classified information.
This system also includes entrant/exit records for access to FEMA
premises. For visitors, this system includes name; temporary badge
number; host's number, office symbol, and room number. For all
others, this system includes name, social security number, specific
areas and times of authorized accessibility, escort authority, status
and level of security clearance.
Authority for maintenance of the system:
E.O. 12127; E.O. 12148; Reorganization Plan No. 3 of 1978;
Section 4-2a, Executive Order 10450; Executive Order 12356; and
Paragraph 1a, National Security Decision Directive 84, Safeguarding
National Security Information.
Purpose(s):
For routine administrative, managerial, and security purposes by
officials on a need-to-know basis in order to better track, manage
and control access to information, buildings and restricted areas
under the jurisdiction of FEMA, to determine the status of
individuals entering FEMA premises; and to provide data requisite to
investigations and security reports.
Routine uses of records maintained in the system, including
categories of users and the purposes of such uses:
An employee's level of security clearance and type of Special
Access Program may be reported to another agency for the purpose of
interagency security administration; information may be provided to
other federal departments and agencies charged with responsibility in
the assignment and coordination of federal emergency response teams;
to any Federal, State or local law enforcement agency for law
enforcement purposes; to any Federal agency pursuant to statutory
intelligence responsibilities. The entrant and exit records may also
include employees from other agencies which share building space in
FEMA facilities and those records may be released to the individuals'
respective employing agency. The name, Social Security number, FEMA
point of contact, and time and length of visit, is also available to
General Services Administration guards who are hired under a GSA
contract for FEMA to confirm proper identification of individuals
requiring access to FEMA Headquarters facility.
Additional routine uses may include Nos.1, 2, 3, 4, 5, and 8 of
Appendix A.
Policies and practices for storing, retrieving, accessing,
retaining, and disposing of records in the system:
Storage:
Mag-tape, disk, paper and index cards.
Retrievability:
By name, social security number, organization, security clearance
level, type of Special Access Program, and badge number (except for
visitors).
Safeguards:
All employees of the Office of Security have undergone a Special
Background Investigation (SBI). All records containing personal
information are maintained in secured storage areas contained within
restricted areas, access to which is limited to authorized personnel.
All records containing personal information on a computerized data
base are accessible only through computer media under FEMA
jurisdiction and placed in restricted areas, access to which is
limited to authorized personnel. Access to computerized files is
password protected and under the direct responsibility of the system
manager. The system manager has the capability of printing audit
trails of access from the computer media, thereby permitting regular
ad hoc monitoring of computer usage. Certain records in this system
are provided security safeguards equivalent to the protection of Top
Secret and/or Special Access Program (SAP) information. All records
are maintained in areas that are secured by building guards and/or
alarm systems during non-business hours. Records are retained in
areas accessible only to authorized personnel who are properly
screened, cleared, trained and have a verified need-to-know.
Retention and disposal:
Records are covered by General Records Schedule 18. Requests and
authorizations for individuals to have access to classified files are
destroyed 2 years after authorization expires. Forms or lists used to
record safe combinations, names of individuals knowing combinations,
and comparable data used to control access into classified containers
are destroyed when superseded by a new form or list, or upon turning
in of containers. Lists or rosters showing the current security
clearance status of individuals are destroyed when superseded or
obsolete. Personnel security case files are destroyed upon
notification of death or not later than 5 years after separation or
transfer of employee or no later than 5 years after contract relation
expires, whichever is applicable. Records relating to alleged
security violations are destroyed 2 years after completion of final
action or when no longer needed, whichever is sooner; records
relating to alleged violations of a sufficient serious nature that
are referred for prosecutive determinations are destroyed 5 years
after the close of the case. Copies of non-disclosure agreements are
destroyed when 50 years old.
System manager(s) and address:
Director of Security, Office of Security, Federal Emergency
Management Agency, Washington, DC 20472.
Notification procedure:
Individuals wishing to inquire whether this system contains
information about them should contact the appropriate system manager
in writing. Individuals must furnish their full name, social security
number, some type of appropriate personal identification, current
mailing address and zip code, and any other available information
regarding the type of record involved.
Record access procedures:
Specific materials in this system have been exempted from the
access and contesting requirements under 5 U.S.C. 552a(k)(1) and 5
U.S.C. 552a(k)(5). To the extent that this system of records is not
subject to exemption, it is subject to the access and contesting
procedures. A determination as to the applicability of an exemption
as to a specific record shall be made at the time a request for
access or contest is received. Inquiries should be addressed to the
appropriate system manager. Written requests should be clearly
marked, ``Privacy Act Request'' on the envelope and letter.
Individuals must furnish their full name, social security number,
some type of appropriate personal identification, and current
address, any other available information regarding the type of record
for which access or amendment is being requested.
Contesting record procedures:
Same as access 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 promulgated in 44 CFR part 6.
Record source categories:
Directly from the individual to whom the record pertains. The
FEMA background investigation for access to classified information
includes information from an application submitted by or an interview
with the individual to whom the record pertains; employers;
coworkers; neighbors; friends; acquaintances; physicians; other
government agencies; educational institutions; credit references; and
police departments. The entrant and exit records come directly from
paper log completed by the individuals and/or from the individuals
using FEMA issued badges to enter through turnstiles.
Systems exempted from certain provisions of the act:
The Director, Federal Emergency Management Agency, has determined
that specific materials in this system should be exempted from
subsections (c)(3), and (d) of the Privacy Act, 5 U.S.C. 552a,
pursuant to 5 U.S.C. 552a(k)(1) and 5 U.S.C. 552a(k)(5). Rules have
been promulgated in accordance with the requirements of 5 U.S.C. 553
(b), (c) and (e) and have been published in 44 CFR 6.87.
FEMA/SLPS-1
System name: Application for Enrollment in Architectural
Engineering Professional Development Program.
Security classification:
Unclassified.
System location:
State and Local Programs and Support Directorate, Federal
Emergency Management Agency, Washington, DC 20472.
Categories of individuals covered by the system:
Individuals who apply for FEMA professional development courses:
Fallout Shelter Analysis (FSA), Protective Construction (PC),
Multiprotection Design (MPD).
Categories of records in the system:
FEMA Form 75-5, Application for Enrollment of Architects and
Engineers Professional Development Program. Includes applicant's
name, address, date of birth, education and status of completion in
the course.
Authority for maintenance of the system:
5 U.S.C. 301, 44 U.S.C. 3104, 50 U.S.C. App. 2253.
Purpose(s):
For the purpose of ascertaining qualifications for certification
as FSA for issuance of appropriate certificates and development of
mailing lists for disseminating new information to them as
appropriate.
Routine uses of records maintained in the system, including
categories of users and the purposes of such uses:
Routine uses may include Nos. 5 and 8 of Appendix A.
Policies and practices for storing, retrieving, accessing,
retaining, and disposing of records in the system:
Storage:
Application forms are kept on microfiche. Some of the data is
kept on computer magnetic tape for processing in conjunction with
dissemination of new information.
Retrievability:
By name of the individual and FSA number.
Safeguards:
Personnel screening hardware and software computer security
measures; paper records in a locked container and/or room. All
records are maintained in areas that are secured by building guards
during non-business hours. Records are retained in areas accessible
only to authorized personnel who are properly screened, cleared and
trained.
Retention and disposal:
Records are covered by FEMA Schedule N1-311-86-1, destroy when 2
years old.
System manager(s) and address:
Associate Director, State and Local Programs and Support
Directorate, Federal Emergency Management Agency, Washington, DC
20472.
Notification procedure:
Inquiries should be addressed to the 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.
Record access procedures:
Same as notification procedure above.
Contesting record procedures:
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 promulgated in 44 CFR part 6.
Record source categories:
Applications submitted by applicants.
Systems exempted from certain provisions of the act:
None.
FEMA/SLPS-2
System name: Military Reserve Program.
Security classification:
Unclassified.
System location:
State and Local Programs and Support Directorate, Federal
Emergency Management Agency, Washington, DC 20472; all FEMA Regional
Directors, addresses are listed in Appendix AA; and State and local
civil preparedness agencies requesting information.
Categories of individuals covered by the system:
All military reservists who have mobilization designation to
FEMA, including FEMA Regional offices, and State and local civil
preparedness agencies.
Categories of records in the system:
Includes copies of orders, lists of reservists assigned, and
those eligible to be assigned, to the FEMA regions and State and
local civil preparedness agencies; other related documents.
Authority for maintenance of the system:
10 U.S.C. 270; 10 U.S.C. 275; 41 U.S.C. 3101; 50 U.S.C. App.
2253; E.O. 12148; and Reorganization Plan No. 3 of 1978.
Purpose(s):
For the purpose of preparing statistical reports, rosters, lists
of new assignees; review of assignments to provide information for
reallocation of vacant spaces; provide basis for general management
of the program, including the preparation of efficiency and other
reports.
Routine uses of records maintained in the system, including
categories of users and the purposes of such uses:
Applications are processed by the uniformed service's personnel
headquarters and if approved, issuances of assignment orders are
distributed to interested offices for program recruiting, record and
management purposes.
Additional routine uses may include Nos. 5, 7 and 8 of Appendix
A.
Policies and practices for storing, retrieving, accessing,
retaining, and disposing of records in the system:
Storage:
Computer printouts and orders and related papers are filed in
paper folders in metal filing cabinets.
Retrievability:
At FEMA Headquarters--by region and military service; at FEMA
Regional offices--by military service, State, and individual's name.
Safeguards:
Personnel screening hardware and software computer security
measures; paper records in a locked container and/or room. All
records are maintained in areas that are secured by building guards
during non-business hours. Records are retained in areas accessible
only to authorized personnel who are properly screened, cleared and
trained.
Retention and disposal:
Records are covered by FEMA Records Schedule N1-311-86-1, 4B-22
and are destroyed 1 year after reservist leaves the program.
System manager(s) and address:
Associate Director, State and Local Programs and Support
Directorate, Federal Emergency Management Agency, Washington, DC
20472; and all FEMA Regional Directors, addresses are listed in
Appendix AA.
Notification procedure:
Inquiries should be addressed to the 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.
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 is being contested, the
reasons for contesting it, and the proposed amendment to the
information sought.
FEMA Privacy Act Regulations are promulgated in 44 CFR part 6.
Record source categories:
Reservist submits completed applications to FEMA Regional or
State and local civil preparedness agency when he or she desires to
work. Application is endorsed at each level and forwarded through
civil preparedness channels to the respective service personnel
administrative headquarters for processing, and if approved, issuance
of assignment orders. Copies of assignment orders are distributed to
interested offices.
Systems exempted from certain provisions of the act:
None.
FEMA/SLPS-3
System name: Radioactive Materials Inventory.
Security classification:
Unclassified.
System location:
State and Local Programs and Support Directorate, Federal
Emergency Management Agency, Washington, DC 20472; National Emergency
Training Center, Emmitsburg, Maryland 21727 and all FEMA Regional
Directors, addresses are listed in Appendix AA. Copies are also
maintained at the appropriate State and local civil preparedness
agencies and at State radiological systems maintenance and
calibration facilities, and as applicable to another Federal agency
or FEMA contractor having radioactive material on loan.
Categories of individuals covered by the system:
Custodians of FEMA Radioactive Material.
Categories of records in the system:
Files contain a listing of all FEMA owned radioactive materials
on loan to a State, other Federal agencies, FEMA contractors and
others. Categories of information stored in the system include:
Custodian's name, address, city, county, telephone number, user
authorization number and expiration date, date of transfer, FEMA
Region, State, storage name, address, city, county, license number,
type, expiration date, radioactive material nomenclature, isotope
activity, civil preparedness nomenclature, serial numbers, leak test
data, ID number of item, voucher number and date.
Authority for maintenance of the system:
5 U.S.C. 301; 44 U.S.C. 3104; 50 U.S.C. App. 2253; E.O. 12148;
and Reorganization Plan No. 3 of 1978.
Purpose(s):
For the purpose of controlling and maintaining a record to whom
radioactive materials are loaned in order to avoid loss or
unauthorized use.
Routine uses of records maintained in the system, including
categories of users and the purposes of such uses:
Information relating to radioactive material items on loan may be
provided to the user which includes State Radiological Systems
Maintenance, Maintenance and Calibration Facility, State Civil
Preparedness offices, other Federal agencies, FEMA Contractors and
others processing loaned material for determining custodian of an
item; number of items on loan to a State, other Federal agency,
contractors and other users; record of license number authorizing
custodian possession of material; inventory of items by radioisotope;
using incapulation data and radioisotope decay to determine activity
at any given time. For lost or unauthorized sources, the entire file
may be searched.
Additional routine uses may include Nos. 1, 5, and 8 of Appendix
A.
Policies and practices for storing, retrieving, accessing,
retaining, and disposing of records in the system:
Storage:
Computer magnetic tapes and disks, computer paper printouts.
Retrievability:
Computer file is accessible by any of the categories listed in
Record-Category above.
Safeguards:
Personnel screening hardware and software computer security
measures; computer printouts are stored in a locked container and/or
room. All records are maintained in areas that are secured by
building guards during non-business hours. Records are retained in
areas accessible only to authorized personnel who are properly
screened, cleared and trained.
Retention and disposal:
Records are covered by FEMA Records Schedule N1-311-86-1, 4B-11.
Files are updated as changes occur. As records are updated, file
incorporates records into a historical file so that previous
information remains on storage enabling a listing of all previous
data in file in various Record-Categories. This permits a listing of
leak test history data, listing of all storage locations and date of
transfer, listing of all custodians, date of transfer, license
numbers under which item was loaned. Based on expiration date of
license, lists can be prepared of licenses due for renewal and
overdue. Based on leak test data, lists can be prepared of items
scheduled for leak testing and overdue. Items in possession of
unauthorized personnel can be traced to last custodian by serial
number, ID number or other available nomenclature.
System manager(s) and address:
Associate Director, State and Local Programs and Support
Directorate, Federal Emergency Management Agency, Washington, DC
20472; and all FEMA Regional Directors, addresses are listed in
Appendix AA.
Notification procedure:
Inquiries should be addressed to the 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.
Record access procedures:
Same as notification procedure above.
Contesting records procedure:
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 promulgated in 44 CFR part 6.
Record source categories:
Data to update file is supplied by custodians of loaned material
(note: transferee will report name of new custodian), State Civil
Preparedness Agency Maintenance and Calibration Facility personnel,
FEMA Regional offices, RADEF and Technological Hazards Branch of
State and Local Programs and Support Directorate and other FEMA
divisions.
Systems exempted from certain provisions of the act:
None.
FEMA/SLPS-4
System name: Maintenance and Calibration.
Security classification:
Unclassified.
System location:
State and Local Programs and Support Directorate, Federal
Emergency Management Agency, Washington, DC 20472; and all FEMA
Regional Directors, addresses are listed in Appendix AA. Copies are
also maintained at the appropriate State and local civil preparedness
agencies and at State radiological systems maintenance and
calibration facilities, and as applicable to another Federal agency.
Categories of individuals covered by the system:
All State RADEF Officers and Maintenance Officers.
Categories of records in the system:
Files contain the shipping and mailing addresses of the State
radiological systems maintenance and calibration facilities. It also
contains the name and telephone number of the maintenance officer of
the maintenance and calibration facility and the State RADEF officer.
Authority for maintenance of the system:
5 U.S.C. 301; 44 U.S.C. 3104; 50 U.S.C. App. 2253; E.O. 12148;
and Reorganization Plan No. 3 of 1978.
Purpose(s):
For the purpose of keeping an up-to-date list and addresses of
the maintenance officer of the maintenance and calibration facility
and the State RADEF officer.
Routine uses of records maintained in the system, including
categories of users and the purposes of such uses:
Mailing and shipping labels may be furnished to the Oak Ridge
National Laboratory, Oak Ridge, Tennessee, and FEMA Logistical
Support Facility, GSA, Ft. Worth, Texas, for use by them and the FEMA
Federal Supply Depot to ship and mail supplies to the States for use
under the Radiological Systems Maintenance contract. Information may
also be furnished to other Federal agencies and to State radiological
maintenance facilities upon request in order to furnish supplies,
and/or information for use in the radiological systems maintenance
contract. Additional routine uses may include Nos. 5, and 8 of
Appendix A.
Policies and practices for storing, retrieving, accessing,
retaining, and disposing of records in the system:
Storage:
Paper files and computer tapes and disks.
Retrievability:
Filed by region then alphabetically by State name.
Safeguards:
Personnel screening hardware and software computer security
measures; computer printouts are stored in a locked container and/or
room. All records are maintained in areas that are secured by
building guards during non-business hours. Records are retained in
areas accessible only to authorized personnel who are properly
screened, cleared and trained.
Retention and disposal:
Records are covered by FEMA Records Schedule N1-311-86-14B-23b
and are destroyed when information is superseded or obsolete.
System manager(s) and address:
Associate Director, State and Local Programs and Support
Directorate, Federal Emergency Management Agency, Washington, DC
20472; and all FEMA Regional Directors, addresses are listed in
Appendix AA.
Notification procedure:
Inquiries should be addressed to the 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.
Record access procedures:
Same as notification procedure above.
Contesting records procedure:
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 promulgated in 44 CFR part 6.
Record source categories:
Information submitted by State RADEF Officer, Maintenance and
Calibration Facility Officer, FEMA Regional Staff, and others
knowledgeable of change in data.
Systems exempted from certain provisions of the act:
None.
FEMA/SLPS-5
System name: Radiation Exposure and Radioactive Materials;
Radiation Committee Records.
Security classification:
Unclassified.
System location:
State and Local Programs and Support Directorate, Federal
Emergency Management Agency, Washington, DC 20472; National Emergency
Training Center, Emmitsburg, Maryland 21727; and all FEMA Regional
Directors, addresses are listed in Appendix AA.
Categories of individuals covered by the system:
Files contain the following types of individuals within FEMA or
under FEMA Byproduct Materials License: All authorized users of
sources of ionizing radiation; activity radiation safety officers;
ionizing radiation; dose records officers; custodians of FEMA sources
of ionizing radiation; committee members and alternates.
Categories of records in the system:
Files contain records produced in the conduct of committee duties
and functions which include the control and administration of, the
procurement, use, handling, storage and disposal of all sources of
ionizing radiation throughout FEMA and other users under FEMA
licenses and authorizations, assuring compliance with licenses and
authorizations issued to FEMA for ionizing radiation and the
regulations applicable to these license holders. Records include
committee members, authorized users, activity radiation safety
officers, ionizing radiation dose records for individuals who may be
exposed to FEMA sources of ionizing radiation, and inspections
(surveys) of activities and facilities using FEMA sources of ionizing
radiation.
Authority for maintenance of the system:
44 U.S.C. 3101; 50 U.S.C. App. 2253; 2281; 44 U.S.C. 2073, 2093,
2095, 2111, 2112, 2201, 2232, 2233, 2234, 2273 and E.O. 12148; and
Reorganization Plan No. 3 of 1978.
Purpose(s):
For the purpose of procuring, using, handling, controlling, and
administration of the procurement, use, handling, storage and
disposal of all sources of ionizing radiation throughout FEMA and
other users under FEMA licenses and authorizations, assuring
compliance with licenses and authorizations issued to FEMA for
ionizing radiation and the regulations applicable to these license
holders.
Routine uses of records maintained in the system, including
categories of users and the purposes of such uses:
To Radiation control committee in conduct of committee duties and
functions including the following: Serving as an advisory board
recommending approval and exercising control of the procurement, use,
handling, storage, and disposal of sources of ionizing radiation for
emergency management purposes; based upon the qualifications
submitted, designate for approval all authorized users of sources of
ionizing radiation with FEMA or under FEMA licenses or
authorizations; recommend for approval activity radiation safety
officers for all FEMA installations and other facilities where
sources of ionizing radiation are used, handled or stored under FEMA
licenses or authorizations; establishes general procedures and
guidance governing the use, handling, storage of sources of ionizing
radiation, including appropriate health physics or emergency
procedures and precautions, establishing formal rules and regulations
as necessary, assure that the rules and conditions of the FEMA
licenses, authorizations, and regulations are observed in all FEMA
activities; maintains records of the procurement, receipt, transfer
and disposal of all FEMA sources of ionizing radiation dose records
for each FEMA employee and other individual who may have been exposed
to ionizing radiation under FEMA licenses or authorizations;
providing liaison with other Federal agencies with regard to
committee duties and functions; maintain records of applications and
amendments to licenses and authorizations for the use of ionizing
radiation at FEMA facilities; maintain records of periodic
inspections of all FEMA activities involved with sources of ionizing
radiation under FEMA licenses and authorizations. Additional routine
uses may include Nos. 1, 5, and 8 of Appendix A.
Policies and practices for storing, retrieving, accessing,
retaining, and disposing of records in the system:
Storage:
Paper files and radioactive materials inventory on computer
magnetic tape and disks.
Retrievability:
Filed by subject and ionizing radiation exposure records subfiled
alphabetically by name.
Safeguards:
Personnel screening hardware and software computer security
measures; computer printouts are stored in a locked container and/or
room. All records are maintained in areas that are secured by
building guards during non-business hours. Records are retained in
areas accessible only to authorized personnel who are properly
screened, cleared and trained.
Retention and disposal:
Records are covered under General Records Schedule 16 and FEMA
Records Schedule N1-311-86-1, 4B. Radioactive materials files are
destroyed when no longer needed for administrative use or to meet
legal requirements. Radiation Dose Records are destroyed after 75
years. Records produced in the conduct of committee duties are
destroyed when information is superseded or obsolete.
System manager(s) and address:
Associate Director, State and Local Programs and Support
Directorate, Federal Emergency Management Agency, Washington, DC
20472; and all FEMA Regional Directors, addresses are listed in
Appendix AA.
Notification procedure:
Inquiries should be addressed to the 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.
Record access procedures:
Same as notification procedure above.
Contesting record procedure:
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 promulgated in 44 CFR part 6.
Record source categories:
Reports prepared and submitted by committee members, activity
radiation safety officers and users. Data for ionizing radiation dose
records from individuals wearing dosimeters and film bade processors.
Systems exempted from certain provisions of the act:
None.
FEMA/SLPS-6
System name: Temporary and Permanent Relocation and Personal and
Real Property Acquisitions and Relocation Files.
Security classification:
Unclassified.
System location:
The information will be gathered by a contractor for submission
to the FEMA Regional Office which services the affected properties
being acquired or relocated. The contractor will be subject to the
Privacy Act requirements during the contractor's custody of the
records. A secondary system relating to Superfund acquisitions will
be maintained by the State and Local Programs and Support
Directorate, Office of Disaster Assistance, Federal Emergency
Management Agency, Washington, DC 20472; and a secondary system
relating to section 1362 acquisitions under the National Flood
Insurance Act will be maintained by the Federal Insurance
Administration, Washington, DC 20472. Information on temporary
relocation assistance will be collected by FEMA employees and
maintained at a site office, at a Regional office, or at
Headquarters, Washington, DC, depending upon who administered the
program.
Categories of individuals covered by the system:
Individuals whose real property has been or is being acquired by
FEMA and/or have been relocated or are being relocated by FEMA.
Categories of records in the system:
The file may contain the following: (1) For section 1362
acquisitions, the files before Fiscal Year 1985 contain copies of the
appraisals, appraisal contracts and reviews and approval documents.
After FY 1985, the files do not contain copies of any appraisals or
related-appraisal documents; for Superfund acquisition, the files
include only the appraisal contracts, and approval documents; (2)
Amounts paid for purchase of property including records of
negotiations and offers; (3) Title search documentation, including
property titles, title company correspondence, closing papers, tax
records, and contracts; (4) Loan interest payment information
including mortgage payment papers, loan documentation claims, and
FEMA approvals; (5) Information for determining benefit amounts for
real property acquisition including tax records, mortgage information
and divorce decrees; (6) Information concerning replacement housing
determinations including tax information, affidavits, and
determinations; (7) Relocation claims payment information including
documents which verify that funds have been spent, deeds, contracts,
building estimates, construction bills, loan papers, leases,
cancelled checks, claim forms, and Decent, Safe and Sanitary
Inspection Forms; (8) Deeds, contractual sale documents, notations of
follow-up actions, appraiser qualifications, rent supplement
information, insurance verifications, moving cost information,
permanent relocation questionnaires including background information
on displaced persons, and information supplied by displaced persons
to support claims for real property acquisition and relocation
assistance. The temporary relocation assistance file may contain the
following: (1) Applicant contact sheets; (2) Application for
assistance; (3) Leases and/or reimbursement agreements and
corresponding housing inspection reports; (4) Requests for payment
with supporting bills, receipts, etc., for relocation expenses and
payments records to individuals and businesses; and (5) Move-out
records. This system may also include the taxpayer identification
number (social security number).
Authority for maintenance of the system:
Comprehensive Environmental Response Compensation Liability Act
(CERCLA) of 1980, as amended by the Superfund Amendments and
Reauthorization Act (SARA), Executive Order 12580, Superfund
Implementation, Uniform Relocation Assistance and Real Property
Acquisition Policies Act (42 U.S.C. 4601 et seq.), section 1362 of
the National Flood Insurance Act of 1968 (Title XIII of Housing and
Urban Development Act of 1968), as amended, 42 U.S.C. 4001-4128,
Reorganization Plan No. 3 of 1978 and Executive Order 12127.
Purpose(s):
Information is used for the purpose of tracking individual
properties which qualify for acquisition and/or relocation under the
Comprehensive Environmental Response Compensation Liability Act of
1980, as amended, and/or section 1362 of the National Flood Insurance
Act of 1968, as amended.
Routine uses of records maintained in the system, including
categories of users and the purposes of such uses:
Information may be provided to the affected State or a political
subdivision thereof for the purpose of determining the State's or
subdivision's eligibility for taking title to the acquired property
for recreational and open space resources; to the Environmental
Protection Agency for the purpose of verifying the proper eligibility
and use of Superfund monies to acquire properties found to be
uninhabitable for the population and in connection with legal cases
brought under the Superfund; to the Small Business Administration for
the purpose of determining the individual/business eligibility for
loans and nonduplication of funds; and to the U.S. General Accounting
Office, Department of Justice, or a United States Attorney for legal
representation in duplication of benefits provided to the individual
or legal cases brought by or against FEMA, or in the case of
Superfund monies, those brought by or against the Environmental
Protection Agency. Under section 1362 acquisitions, ownership
information and legal description will be provided to the Department
of Justice for the purpose of obtaining official title opinions prior
to acquisition. Additional routine uses may include Nos. 1, 5, and 8
of Appendix A.
Disclosure to consumer reporting agencies:
Disclosures pursuant to 5 U.S.C. 552a(b)(12): 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 Federal
Claims Collection Act of 1966 (31 U.S.C. 3701(a)(3)).
Policies and practices for storing, retrieving, accessing,
retaining, and disposing of records in the system:
Storage:
Records are maintained in file folders, on lists and forms, and
in computer processible-storage media.
Retrievability:
By name.
Safeguards:
Personnel screening hardware and software computer security
measures; paper records are stored in a locked container and/or room.
Records which are maintained at a site office might not be secured by
building guards during non-business hours but are retained in a
locked container and/or locked room. All other records are maintained
in areas that are secured by building guards during non-business
hours. Records are retained in areas accessible only to authorized
personnel who are properly screened, cleared and trained.
Retention and disposal:
Permanent Personal and Real Property Acquisitions and Relocation
records are covered by General Record Schedules 3 and 4. The file
regarding individuals about whom real property has been acquired by
FEMA and who have been relocated shall be retained for a period of 10
years after unconditional sale or release by the Government of
conditions, restrictions, mortgages, or other liens. Abstract or
certificate of title and other records deemed necessary or convenient
for donated property shall be transferred to recipient of the
property after release by the Government. Purchase related papers
shall be destroyed 6 years and 3 months after final payment.
Temporary relocation assistance records are covered by FEMA Records
Schedule N1-311-86-1, 4C-8b and are consolidated at the respective
regional office at end of Phase II and destroyed 6 years 3 months
after consolidation.
System manager(s) and address:
For Superfund acquisitions--Associate Director, State and Local
Programs and Support Directorate, Federal Emergency Management
Agency, Washington, DC 20472; and all FEMA Regional Directors,
addresses are listed in Appendix AA. For section 1362 acquisitions
under the National Flood Insurance Act--Federal Insurance
Administrator--Federal Insurance Administrator, Federal Emergency
Management Agency, Washington, DC 20472; and all FEMA Regional
Directors.
Notification procedure:
Inquiries should be addressed to the 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 indentification, 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.
Record access procedure:
Same as notification procedure above.
Contesting records procedure:
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 promulgated in 44 CFR part 6.
Record source categories:
Directly from the individual, the appraisal records, title
report, or homeowner report.
Systems exempted from certain provisions of the act:
None.
FEMA/VOL-1
System name:
Citizen Corps Database.
Security classification:
Unclassified.
System location:
FEMA Headquarters, Mezzanine Server Room, 500 C Street, SW.,
Washington, DC 20472.
Categories of individuals covered by the system:
The system covers those individuals who express an interest in
Citizen Corps programs or activities. Corps programs include
Community Emergency Response Teams, Neighborhood Watch, Volunteers in
Police Service, Medical Reserve Corps, Operation TIPS, and Citizen
Corps Councils.
Categories of records in the system:
Each file or entry contains an interested individual's name,
mailing address, e-mail address, and Volunteer Program area of
interest. The database contains and tracks names of each individual
and the date of expression of interest, type of interest expressed
(e.g., Community Emergency Response Team, Neighborhood Watch, Citizen
Corps Councils), and similar information.
Authority for maintenance of the system:
5 U.S.C. 301; Section 2, Executive Order 13254, January 29, 2002.
Purpose(s):
The Citizens Corps, through its Internet site at
www.citizencorps.gov, allows individuals to indicate their interest
in specific voluntary programs. Information concerning those desired
activities is then disseminated by FEMA to the appropriate
organization for further processing or response. The Citizens Corps
coordinates efforts among several organizations, including the
Community Emergency Response Team, Neighborhood Watch, Volunteers in
Police Service, Medical Reserve Corps, Operation TIPS, and Citizen
Corps Councils. In addition, these entities may express an interest
in sharing their respective contact and similar information with
other participants in these programs.
Routine uses of records maintained in the system, including
categories of users and the purposes of such uses:
Information from this file may be disclosed:
(a) To appropriate Federal, State, or local law enforcement
agencies in connection with actual or potential violation of criminal
or civil laws, statutes, or regulations, or in conjunction with
investigative or litigation responsibilities of the recipient agency;
(b) In a proceeding before a court or adjudicative body before
which FEMA is authorized to appear when any of the following is a
party to litigation or has an interest in litigation and such records
are determined by FEMA to be arguably relevant to the litigation:
FEMA or any of its subdivision; any FEMA employee in his or her
official capacity, or in his or her individual capacity where FEMA
agrees to represent the employee; or the United States where FEMA
determines that the litigation is likely to affect it or any of its
subdivisions;
(c) To the USA Freedom Corps, Executive Office of the President;
(d) To organizations or activities that the respondent indicates
as being within the respondent's areas of interest (e.g., Community
Emergency Response Team participation);
(e) To a Member of Congress or staff acting upon the Member's
behalf when the Member or staff requests the information on behalf of
and at the request of the individual who is the subject of the
record; and
(f) To the National Archives and Records Administration and to
the General Services Administration in records management inspections
conducted under the authority of 44 U.S.C. 2904 and 2906.
Disclosure to consumer reporting agencies:
Records in this system are not appropriate for disclosure to
consumer reporting agencies.
Policies and practices for storing, retrieving, accessing,
retaining, and disposing of records in the system:
Storage:
Computerized records are stored in a database server in a secured
file room.
Retrievability:
Records are retrieved by name, mailing address, e-mail address or
Volunteer Program(s) in which the respondent indicates an interest.
Safeguards:
The Database Administrator controls access to the files. The
files are stored in a secure server room at Agency headquarters.
Records are maintained in accordance with federal computer security
standards.
Retention and disposal:
FEMA will submit a request to the National Archives and Records
Administration for disposition authority for this system of records.
The request will recommend a retention period of 120 days and seek
approval for records to be purged from the system after the period.
System manager(s) and address:
Rebecca Rutledge, FEMA Headquarters, Mezzanine Room, 500 C Street
SW, Washington, DC 20472.
Notification procedure:
Same as ``Record access procedures.''
Record access procedures:
Make all requests for access in writing, and clearly mark letter
and envelope ``Privacy Act Request.'' Clearly indicate name of the
requester, nature of the record sought, approximate dates of the
records, and provide the required verification of identity. Direct
all requests to the system manager identified above, Attention:
Freedom of Information/Privacy Act Officer, and provide a return
address for transmitting the information.
Contesting record procedures:
Direct all requests to contest or amend information to the system
manager in accordance with the procedures outlined above. State
clearly and concisely the information being contested, the reasons
for contesting it, and the proposed amendment to the information
sought.
Record source categories:
Records are generated by FEMA based on individual responses by
users.
Exemptions claimed for the system:
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 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.
FEDERAL EMERGENCY MANAGEMENT AGENCY
Title 44-Federal Emergency Management and Assistance
Chapter I-Federal Emergency Management Agency
PART 6--IMPLEMENTATION OF THE PRIVACY ACT OF 1974
Subpart A--General
Sec.
6.1 Purpose and scope of part.
6.2 Definitions.
6.3 Collection and use of information (Privacy Act Statements).
6.4 Standards of agency.
6.5 Rules of conduct.
6.6 Safeguarding systems of records.
6.7 Records of other agencies.
6.8 Supoena and other legal demands.
6.9 Inconsistent issuances of FEMA and/or its predecessor agencies
superseded.
6.10 Assistance and referrals.
Subpart B--Disclosure of Records
6.20 Conditions of disclosure.
6.21 Procedures for disclosure.
6.22 Accounting of disclosures.
Subpart C--Individual Access to Records
6.30 Form of requests.
6.31 Special requirements for medical records.
6.32 Granting access
6.33 Denials of access.
6.34 Appeal of denial of access within FEMA.
Subpart D--Requests to Amend Records
6.50 Submission of requests to amend records.
6.51 Review of requests to amend records.
6.52 Approval of requests to amend records.
6.53 Denial of requests to amend records.
6.54 Agreement to alternative amendments.
6.55 Appeal of denial of request to amend a record.
6.56 Statement of disagreement.
6.57 Judicial review.
Subpart E--Report on New Systems and Alterations of Existing Systems
6.70 Reporting requirement.
6.71 Federal Register notice of establishment of new system or
alteration of existing system.
6.72 Effective date of new system of records or alteration of an
existing system of records.
Subpart F--Fees
6.80 Records available at fee.
6.81 Additional copies.
6.82 Waiver of fee.
6.83 Prepayment of fees over $25.
6.84 Form of payment.
6.85 Reproduction fees.
Subpart G--Exempt Systems of Records
6.86 General exemptions.
6.87 Specific exemptions.
Authority: Pub. L. 93-579; 5 U.S.C. 552a; Reorganization Plan No. 3 of
1978, and E. O. 12127.
Source: 44 FR 50293, Aug. 27, 1979.
Subpart A--General
Sec. 6.1 Purpose and scope of part.
This part sets forth policies and procedures concerning the
collection, use and dissemination of records maintained by the Federal
Emergency Management Agency (FEMA) which are subject to the provision of
5 U.S.C. 552a, popularly known as the ``Privacy Act of 1974''
(hereinafter referred to as the Act). These policies and procedures
govern only those records as defined in Sec. 6.2. Policies and
procedures governing the disclosure and availability of records in
general are in part 5 of this chapter. This part also covers:
(a) Procedures for notification to individuals of a FEMA system of
records pertaining to them;
(b) Guidance to individuals in obtaining information, including
inspections of, and disagreement with, the content of records;
(c) Accounting of disclosure;
(d) Special requirements for medical records; and
(e) Fees.
Sec. 6.2 Definitions.
For the purpose of this part:
(a) ``Agency'' includes any executive department, military department,
Government corporation, Government controlled corporation, or other
establishment in the executive branch of the Government (including the
Executive Office of the President), or any independent regulatory agency
(see 5 U.S.C. 552(e)).
(b) ``Individual'' means a citizen of the United States or an alien
lawfully admitted for permanent residence.
(c) ``Maintain'' includes maintain, collect, use, and disseminate.
(d) ``Record'' means any item, collection, or grouping of information
about an individual that is maintained by an agency, including, but not
limited to those concerning education, financial transactions, medical
history, and criminal or employment history, and that contains the name
or other identifying particular assigned to the individual, such as a
fingerprint, voiceprint, or photograph.
(e) ``System of records'' means a group of any records under the
control of an agency from which information is retrieved by the name of
the individual or by some identifying number, symbol, or other
identification assigned to that individual.
(f) ``Statistical record'' means a record in a system of records
maintained for statistical research or reporting purposes only and not
used in whole or in part in making any determination about an
identifiable individual, except as provided by 13 U.S.C. 8.
(g) ``Routine use'' means, with respect to the disclosure of a record,
the use of that record for a purpose which is compatible with the
purpose for which it was collected.
(h) ``System manager'' means the employee of FEMA who is responsible
for the maintenance of a system of records and for the collection, use,
and dissemination of information therein.
(i) ``Subject individual'' means the individual named or discussed in
a record of the individual to whom a record otherwise pertains.
(j) ``Disclosure'' means a transfer of a record, a copy of a record,
or any or all of the information contained in a record to a recipient
other than the subject individual, or the review of a record by someone
other than the subject individual.
(k) ``Access'' means a transfer of a record, a copy of a record, or
the information in a record to the subject individual, or the review of
a record by the subject individual.
(1) ``Solicitation'' means a request by an officer or employee of FEMA
that an individual provide information about himself or herself.
(m) ``Director'' means the Director, FEMA.
(n) ``Deputy Director'' means the Deputy Director, FEMA, or, in the
case of the absence ot the Deputy Director, or a vacancy in that office,
a person designated by the Director to perform the functions under this
regulation of the Deputy Director.
(o) ``Privacy Appeals Officer'' means the Director of Office of Public
Affairs or his/her designee.
Sec. 6.3 Collection and use of information (Privacy Act statements).
(a) General. Any information used in whole or in part in making a
determination about an individual's rights, benefits, or privileges
under FEMA programs will be collected directly from the subject
individual to the extent practicable. The system manager also shall
ensure that information collected is used only in conformance with the
provisions of the Act and these regulations.
(b) Solicitation of information. System managers shall ensure that at
the time information is solicited the solicited individual is informed
of the authority for collecting that information, whether providing the
information is mandatory or voluntary, the purpose for which the
information will be used, the routine uses to be made of the
information, and the effects on the individual, if any, of not providing
the information. The Director, Finance and Administration and Regional
Directors shall ensure that forms used to solicit information are in
compliance with the act and these regulations.
(c) Solicitation of Social Security Numbers. Before an employee of
FEMA can deny to any individual a right, benefit, or privilege provided
by law because such individual refuses to disclose his/her social
security account number, the employee of FEMA shall ensure that either:
(1)The disclosure is required by Federal statute; or
(2)The disclosure of a social security number was required under a
statute or regulation adopted before January 1, 1975, to verify the
identity of an individual, and the social security number will become a
part of a system of records in existence and operating before January 1,
1975. If solicitation of the social security number is authorized under
paragraph (c)(1) or (2) of this section, the FEMA employee who requests
an individual to disclose the social security account number shall first
inform that individual whether that disclosure is mandatory or
voluntary, by what statutory or other authority the number is solicited,
and the use that will be made of it.
(d) Soliciting information from third parties. An employee of FEMA
shall inform third parties who are requested to provide information
about another individual of the purposes for which the information will
be used.
Sec. 6.4 Standards of accuracy.
The system manager shall ensure that all records which are used by
FEMA to make determinations about any individual are maintained with
such accuracy, relevance, timeliness, and completeness as is reasonably
necessary to ensure fairness to the individual.
[44 FR 50293, Aug. 27, 1979, as amended at 48 FR 12091, Mar. 23, 1983]
Sec. 6.5 Rules of conduct.
Employees of FEMA involved in the design, development, operation, or
maintenance of any system of records or in maintaining any record, shall
conduct themselves in accordance with the rules of conduct concerning
the protection of personal information in Sec. 3.25 of this chapter.
Sec. 6.6 Safeguarding systems of records.
(a) Systems managers shall ensure that appropriate administrative,
technical, and physical safeguards are established to ensure the
security and confidentiality of records and to protect against any
anticipated threats or hazards to their security or integrity which
could result in substantial harm, embarrassment, inconvenience, or
unfairness to any individual on whom information is maintained.
(b) Personnel information contained in both manual and automated
systems of records shall be protected by implementing the following
safeguards:
(1) Official personnel folders, authorized personnel operating or work
folders and other records of personnel actions effected during an
employee's Federal service or affecting the employee's status and
service, including information on experience, education, training,
special qualification, and skills, performance appraisals, and conduct,
shall be stored in a lockable metal filing cabinet when not in use by an
authorized person. A system manager may employ an alternative storage
system providing that it furnished an equivalent degree of physical
security as storage in a lockable metal filing cabinet.
(2) System managers, at their discretion may designate additional
records of unusual sensitivity which require safeguards similar to those
described in paragraph (a) of this section.
(3) A system manager shall permit access to and use of automated or
manual personnel records only to persons whose official duties require
such access, or to a subject individual or his or her representative as
provided by this part.
Sec. 6.7 Records of other agencies.
If FEMA receives a request for access to records which are the primary
responsibility of another agency, but which are maintained by or in the
temporary possession of FEMA on behalf of that agency, FEMA will advise
the requestor that the request has been forwarded to the responsible
agency. Records in the custody of FEMA which are the primary
responsibility of the Office of Personnel Management are governed by the
rules promulgated by it pursuant to the Privacy Act.
Sec. 6.8 Subpoena and other legal demands.
Access to records in systems of records by subpoena or other legal
process shall be in accordance with the provisions of part 5 of this
chapter.
Sec. 6.9 Inconsistent issuances of FEMA and/or its predecessor
agencies superseded.
Any policies and procedures in any issuances of FEMA or any of its
predecessor agencies which are inconsistent with the policies and
procedures in this part are superseded to the extent of that
inconsistency.
Sec. 6.10 Assistance and referrals.
Requests for assistance and referral to the responsible system manager
or other FEMA employee charged with implementing these regulations
should be made to the Privacy Appeals Officer, Federal Emergency
Management Agency, Washington, DC 20472.
Subpart B--Disclosure of Records
Sec. 6.20 Conditions of disclosure.
No employee of FEMA shall disclose any record to any person or to
another agency without the express written consent of the subject
individual unless the disclosure is:
(a) To officers or employees of FEMA who have a need for the
information in the official performance of their duties;
(b) Required by the provisions of the Freedom of Information Act, 5
U.S.C. 552.
(c) For a routine use as published in the annual notices in the
Federal Register;
(d) To the Bureau of the Census for use pursuant to Title 13, United
States Code;
(e) To a recipient who has provided FEMA with advance adequate written
assurance that the record will be used solely as a statistical research
or reporting record subject to the following: The record shall be
transferred in a form that is not individually identifiable. The written
statement should include as a minimum (1) a statement of the purpose for
requesting the records; and (2) certification that the records will be
used only for statistical purposes. These written statements should be
maintained as accounting records. In addition to deleting personal
identifying information from records released for statistical purposes,
the system manager shall ensure that the identity of the individual
cannot reasonably be deduced by combining various statistical records;
(f) To the National Archives of the United States as a record which
has sufficient historical or other value to warrant its continued
preservation by the United States Government, or for evaluation by the
Administrator of General Services or his designee to determine whether
the record has such value;
(g) To another agency or instrumentality of any governmental
jurisdiction within or under the control of the United States for civil
or criminal law enforcement activity, if the activity is authorized by
law, and if the head of the agency or instrumentality or his designated
representative has made a written request to the Director specifying the
particular portion desired and the law enforcement activity for which
the record is sought;
(h) To a person showing compelling circumstances affecting the health
and safety of an individual to whom the record pertains. (Upon such
disclosure, a notification must be sent to the last known address of the
subject individual.)
(i) To either House of Congress or to a subcommittee or committee
(joint or of either House, to the extent that the subject matter falls
within their jurisdiction;
(j) To the Comptroller General or any duly authorized representatives
of the Comptroller General in the course of the performance of the
duties of the General Accounting Office; or
(k) Pursuant to the order of a court of competent jurisdiction.
Sec. 6.21 Procedures for disclosure.
(a) Upon receipt of a request for disclosure, the system manager shall
verify the right of the requestor to obtain disclosure pursuant to
Sec. 6.20. Upon that verification and subject to other requirements of
this part, the system manager shall make the requested records
available.
(b) If the system manager determines that the disclosure is not
permitted under the provisions of Sec. 6.20 or other provisions of this
part, the system manager shall deny the request in writing and shall
inform the requestor of the right to submit a request for review and
final determination to the Director or designee.
Sec. 6.22 Accounting of disclosures.
(a) Except for disclosures made pursuant to Sec. 6.20 (a) and (b), an
accurate accounting of each disclosure shall be made and retained for 5
years after the disclosure or for the life of the record, whichever is
longer. The accounting shall include the date, nature, and purpose of
each disclosure, and the name and address of the person or agency to
whom the disclosure is made;
(b) The system manager also shall maintain in conjunction with the
accounting of disclosures;
(1) A full statement of the justification for the disclosure.
(2) All documentation surrounding disclosure of a record for
statistical or law enforcement purposes; and
(3) Evidence of written consent to a disclosure given by the subject
individual.
(c) Except for the accounting of disclosures made to agencies or
instrumentalities in law enforcement activities in accordance with
Sec. 6.20 (g) or of disclosures made from exempt systems the accounting
of disclosures shall be made available to the individual upon request.
Procedures for requesting access to the accounting are in subpart C of
this part.
Subpart C--Individual Access to Records
Sec. 6.30 Form of requests.
(a) An individual who seeks access to his or her record or to any
information pertaining to the individual which is contained in a system
of records should notify the system manager at the address indicated in
the Federal Register notice describing the pertinent system. The notice
should bear the legend ``Privacy Act Request'' both on the request
letter and on the envelope. It will help in the processing of a request
if the request letter contains the complete name and identifying number
of the system as published in the Federal Register; the full name and
address of the subject individual; a brief description of the nature,
time, place, and circumstances of the individual's association with
FEMA; and any other information which the individual believes would help
the system manager to determine whether the information about the
individual is included in the system of records. The system manager
shall answer or acknowledge the request within 10 workdays of its
receipt by FEMA.
(b) The system manager, at his discretion, may accept oral requests
for access subject to verification of identity.
Sec. 6.31 Special requirements for medical records.
(a) A system manager who receives a request from an individual for
access to those official medical records which belong to the U.S. Office
of Personnel Management and are described in Chapter 339, Federal
Personnel Manual (medical records about entrance qualifications or
fitness for duty, or medical records which are otherwise filed in the
Official Personnel Folder), shall refer the pertinent system of records
to a Federal Medical Officer for review and determination in accordance
with this section. If no Federal Medical Officer is available to make
the determination required by this section, the system manager shall
refer the request and the medical reports concerned to the Office of
Personnel Management for determination.
(b) If, in the opinion of a Federal Medical Officer, medical records
requested by the subject individual indicate a condition about which a
prudent physician would hesitate to inform a person suffering from such
a condition of its exact nature and probable outcome, the system manager
shall not release the medical information to the subject individual nor
to any person other than a physician designated in writing by the
subject individual, or the guardian or conservator of the individual.
(c) If, in the opinion of a Federal Medical Officer, the medical
information does not indicate the presence of any condition which would
cause a prudent physician to hesitate to inform a person suffering from
such a condition of its exact nature and probable outcome, the system
manager shall release it to the subject individual or to any person,
firm, or organization which the individual authorizes in writing to
receive it.
Sec. 6.32 Granting access.
(a) Upon receipt of a request for access to non-exempt records, the
system manager shall make these records available to the subject
individual or shall acknowledge the request within 10 workdays of its
receipt by FEMA. The acknowledgment shall indicate when the system
manager will make the records available.
(b) If the system manager anticipates more than a 10 day delay in
making a record available, he or she also shall include in the
acknowledgment specific reasons for the delay.
(c) If a subject individual's request for access does not contain
sufficient information to permit the system manager to locate the
records, the system manager shall request additional information from
the individual and shall have 10 workdays following receipt of the
additional information in which to make the records available or to
acknowledge receipt of the request and indicate when the records will be
available.
(d) Records will be available for authorized access during normal
business hours at the offices where the records are located. A requestor
should be prepared to identify himself or herself by signature; i.e., to
note by signature the date of access and/or produce other identification
verifying the signature.
(e) Upon request, a system manager shall permit an individual to
examine the original of a non-exempt record, shall provide the
individual with a copy of the record, or both. Fees shall be charged in
accordance with Subpart F.
(f) An individual may request to pick up a record in person or to
receive it by mail, directed to the name and address provided by the
individual in the request. A system manager shall not make a record
available to a third party for delivery to the subject individual except
for medical records as outlined in Sec. 6.31.
(g) An individual who selects another person to review, or to
accompany the individual in reviewing or obtaining a copy of the record
must, prior to the disclosure, sign a statement authorizing the
disclosure of the record. The system manager shall maintain this
statement with the record.
(h) The procedure for access to an accounting of disclosure is
identical to the procedure for access to a record as set forth in this
section.
Sec. 6.33 Denials of access.
(a) A system manager may deny an individual access to that
individual's record only upon the grounds that FEMA has published the
rules in the Federal Register exempting the pertinent system of records
from the access requirement. These exempt systems of records are
described in subpart G of this part.
(b) Upon receipt of a request for access to a record which the system
manager believes is contained within an exempt system of records, he or
she shall forward the request to the appropriate official listed below
through normal supervisory channels.
(1) At Headquarters:
(i) The Deputy Director.
(ii) Associate Directors or Office Directors.
(iii) Assistant Director for Training and Education.
(iv) U.S. Fire Administrator.
(v) Federal Insurance Administrator.
(vi) Director, Operations Support.
(vii) Director, Personnel.
(viii) Director, Finance and Administration.
(ix) Director, Program Evaluation and Research.
(x) General Counsel.
(xi) Inspector General.
(2) At Regions: Regional Directors. The system manager shall append to
the request an explanation of the determination that the requested
record is contained within an exempt system of records and a
recommendation that the request be denied or granted.
(c) In the event that the system manager serves in one of the
positions listed in paragraph (b) of this section, he or she shall
retain the responsibility for denying or granting the request.
(d) The appropriate official listed in paragraph (b) of this section
shall, in consultation with the Office of General Counsel and such other
officials as deemed appropriate, determine if the request record is
contained with an exempt system of records and:
(1) If the record is not contained within an exempt system of records,
the above official shall notify the system manager to grant the request
in accordance with Sec. 6.32, or
(2) If the record is contained within an exempt system said official
shall;
(i) Notify the requester that the request is denied, including a
statement justifying the denial and advising the requestor of a right to
judicial review of that decision as provided in Sec. 6.57, or
(ii) Notify the system manager to make record available to the
requestor in accordance with Sec. 6.31, notwithstanding the record's
inclusion within an exempt system.
(e) The appropriate official listed in paragraph (b) of this section
shall provide the Privacy Appeals Office with a copy of any denial of a
requested access.
Sec. 6.34 Appeal of denial of access within FEMA.
A requestor denied access in whole or in part, to records pertaining
to that individual, exclusive of those records for which the system
manager is the Director, may file an administrative appeal of that
denial. Appeals of denied access will be processed in the same manner as
processing for appeals from a denial of a request to amend a record set
out in Sec. 6.55, regardless whether the denial being appealed is made
at headquarters or by a regional official.
Subpart D--Requests to Amend Records
Sec. 6.50 Submission of requests to amend records.
An individual who desires to amend any record containing personal
information about the individual should direct a written request to the
system manager specified in the pertinent Federal Register notice
concerning FEMA's systems of records. A current FEMA employee who
desires to amend personnel records should submit a written request to
the FEMA Director of Personnel, Washington, DC 20472. Each request
should include evidence of and justification for the need to amend the
pertinent record. Each request should bear the legend ``Privacy Act--
Request to Amend Record'' prominently marked on both the face of the
request letter and the envelope.
Sec. 6.51 Review of requests to amend records.
(a) The system manager shall acknowledge the receipt of a request to
amend a record within 10 workdays. If possible, the acknowledgment shall
include the system manager's determination either to amend the record or
to deny the request to amend as provided in Sec. 6.53.
(b) When reviewing a record in response to a request to amend, the
system manager shall assess the accuracy, relevance, timeliness, and
completeness of the existing record in light of the proposed amendment
and shall determine whether the request for the amendment is justified.
With respect to a request to delete information, the system manager also
shall review the request and the existing record to determine whether
the information is relevant and necessary to accomplish an agency
purpose required to be accomplished by statute or Executive Order.
Sec. 6.52 Approval of requests to amend records.
If the system manager determines that amendment of a record is proper
in accordance with the request to amend, he or she promptly shall make
the necessary corrections to the record and shall send a copy of the
corrected record to the individual. Where an accounting of disclosure
has been maintained, the system manager shall advise all previous
recipients of the record of the fact that a correction has been made and
the substance of the correction. Where practicable, the system manager
shall advise the Privacy Appeals Officer that a request to amend has
been approved.
Sec. 6.53 Denial of requests to amend records.
(a) If the system manager determines that an amendment of a record is
improper or that the record should be amended in a manner other than
that requested by an individual, he shall refer the request to amend and
his determinations and recommendations to the appropriate official
listed in Sec. 6.33(b) through normal supervisory channels.
(b) If the official listed in Sec. 6.33, after reviewing the request
to amend a record, determines to amend the record in accordance with the
request, said official promptly shall return the request to the system
manager with instructions to make the requested amendments in accordance
with Sec. 6.52.
(c) If the appropriate official listed in Sec. 6.33, after reviewing
the request to amend a record, determines not to amend the record in
accordance with the request, the requestor shall be promptly advised in
writing of the determination. The refusal letter:
(1) Shall state the reasons for the denial of the request to amend;
(2) Shall include proposed alternative amendments, if appropriate;
(3) Shall state the requestor's right to appeal the denial of the
request to amend; and
(4) Shall state the procedures for appealing and the name and title of
the official to whom the appeal is to be addressed.
(d) The appropriate official listed in Sec. 6.33 shall furnish the
Privacy Appeals Officer a copy of each initial denial of a request to
amend a record.
Sec. 6.54 Agreement to alternative amendments.
If the denial of a request to amend a record includes proposed
alternative amendments, and if the requester agrees to accept them, he
or she must notify the official who signed the denial. That official
immediately shall instruct the system manager to make the necessary
amendments in accordance with Sec. 6.52.
Sec. 6.55 Appeal of denial of request to amend a record.
(a) A requestor who disagrees with a denial of a request to amend a
record may file an administrative appeal of that denial. The requestor
should address the appeal to the FEMA Privacy Appeals Officer,
Washington, DC 20472. If the requestor is an employee of FEMA and the
denial to amend involves a record maintained in the employee's Official
Personnel Folder covered by an Office of Personnel Management Government
wide system notice, the appeal should be addressed to the Assistant
Director, Information systems, Agency Compliance and Evaluation Group,
Office of Personnel Management, Washington, DC 20415.
(b) Each appeal to the Privacy Act Appeals Officer shall be in writing
and must be received by FEMA no later than 30 calendar days from the
requestor's receipt of a denial of a request to amend a record. The
appeal should bear the legend ``Privacy Act--Appeal,'' both on the face
of the letter and the envelope.
(c) Upon receipt of an appeal, the Privacy Act Appeals Officer shall
consult with the system manager, the official who made the denial, the
General Counsel or a member of that office, and such other officials as
may be appropriate. If the Privacy Act Appeals Officer in consultation
with these officials, determines that the record should be amended, as
requested, the system manager shall be instructed immediately to amend
the record in accordance with Sec. 6.52 and shall notify the requestor
of that action.
(d) If the Privacy Act Appeals Officer, in consultation with the
officials specified in paragraph (c) of this section, determines that
the appeal should be rejected, the Privacy Act Appeals Officer shall
submit the file on the request and appeal, including findings and
recommendations, to the Deputy Director for a final administrative
determination.
(e) If the Deputy Director determines that the record should be
amended as requested, he or she immediately shall instruct the system
manager in writing to amend the record in accordance with Sec. 6.52. The
Deputy Director shall send a copy of those instructions to the Privacy
Act Appeals Officer, who shall notify the requester of that action.
(f) If the Deputy Director determines to reject the appeal, the
requestor shall immediately be notified in writing of that
determination. This action shall constitute the final administrative
determination on the request to amend the record and shall include:
(1) The reasons for the rejection of the appeal.
(2) Proposed alternative amendments, if appropriate, which the
requestor subsequently may accept in accordance with Sec. 6.54.
(3) Notice of the requestor's right to file a Statement of
Disagreement for distribution in accordance with Sec. 6.56.
(4) Notice of the requestor's right to seek judicial review of the
final administrative determination, as provided in Sec. 6.57.
(g) The final agency determination must be made no later than 30
workdays from the date on which the appeal is received by the Privacy
Act Appeals Officer.
(h) In extraordinary circumstances, the Director may extend this time
limit by notifying the requestor in writing before the expiration of the
30 workdays. The Director's notification will include a justification
for the extension.
Sec. 6.56 Statement of disagreement.
Upon receipt of a final administrative determination denying a request
to amend a record, the requestor may file a Statement of Disagreement
with the appropriate system manager. The Statement of Disagreement
should include an explanation of why the requestor believes the record
to be inaccurate, irrelevant, untimely, or incomplete. The system
manager shall maintain the Statement of Disagreement in conjunction with
the pertinent record, and shall include a copy of the Statement of
Disagreement in any disclosure of the pertinent record. The system
manager shall provide a copy of the Statement of Disagreement to any
person or agency to whom the record has been disclosed only if the
disclosure was subject to the accounting requirements of Sec. 6.22.
Sec. 6.57 Judicial review.
Within 2 years of receipt of a final administrative determination as
provided in Sec. 6.34 or Sec. 6.55, a requestor may seek judicial review
of that determination. A civil action must be filed in the Federal
District Court in which the requestor resides or has his or her
principal place of business or in which the agency records are situated,
or in the District of Columbia.
Subpart E--Report on New Systems and Alternations of Existing
Systems
Sec. 6.70 Reporting requirement.
(a) No later than 90 calendar days prior to the establishment of a new
system of records, the prospective system manager shall notify the
Privacy Appeals Officer of the proposed new system. The prospective
system manager shall include with the notification a completed FEMA Form
11-2, System of Records Covered by the Privacy Act of 1974, and a
justification for each system of records proposed to be established. If
the Privacy Appeals Officer determines that the establishment of the
proposed system is in the best interest of the Government, then no later
than 60 calendar days prior to the establishment of that system of
records, a report of the proposal shall be submitted by the Director or
a designee thereof, to the President of the Senate, the Speaker of the
House of Representatives, and the Director of the Office of Management
and Budget for their evaluation of the probable or potential effect of
that proposal on the privacy and other personal or property rights of
individuals.
(b) No later than 90 calendar days prior to the alteration of a system
of records, the system manager responsible for the maintenance of that
system of records shall notify the Privacy Appeals Officer of the
proposed alteration. The system manager shall include with the
notification a completed FEMA Form 11-2. System of Records Covered by
the Privacy Act of 1974, and a justification for each system of records
he proposes to alter. If it is determined that the proposed alteration
is in the best interest of the Government, then, the Director, or a
designee thereof, shall submit, no later than 60 calendar days prior to
the establishment of that alteration, a report of the proposal to the
President of the Senate, the Speaker of the House of Representatives,
and the Director of the Office of Management and Budget for their
evaluation of the probable or potential effect of that proposal on the
privacy and other personal or property rights of individuals.
(c) The reports required by this regulation are exempt from reports
control.
(d) The Director may waive the time requirements set out in this
section upon a finding that a delay in the establishing or amending the
system would not be in the public interest and showing how the public
interest would be adversely affected if the waiver were not granted and
otherwise complying with OMB Circular A-108, and Transmittal Memorandums
1 and 3.
Sec. 6.71 Federal Register notice of establishment of new system or
alteration of existing system.
Notice of the proposed establishment or alteration of a system of
records shall be published in the Federal Register, in accordance with
FEMA procedures when:
(a) Notice is received that the Senate, the House of Representatives,
and the Office of Managment and Budget do not object to the
establishment of a new system or records or to the alteration of an
existing system of records, or
(b) No fewer than 30 calendar days elapse from the date of submission
of the proposal to the Senate, the House of Representatives, and the
Office of Management and Budget without receipt of an objection to the
proposal. The notice shall include all of the information required to be
provided in FEMA Form 11-2, System of Records Covered by the Privacy Act
of 1974, and such other information as the Director deems necessary.
Sec. 6.72 Effective date of new system of records or alteration of
an existing system or records.
Systems of records proposed to be established or altered in accordance
with the provisions of this subpart shall be effective no sooner than 30
calendar days from the publication of the notice required by Sec. 6.71.
Subpart F--Fees
Sec. 6.80 Records available at fee.
The system manager shall provide a copy of a record to a requestor at
a fee prescribed in Sec. 6.85 unless the fee is waived under Sec. 6.82.
Sec. 6.81 Additional copies.
A reasonable number of additional copies shall be provided for the
applicable fee to a requestor who indicates that he has no access to
commercial reproduction services.
Sec. 6.82 Waiver of fee.
The system manager shall make one copy of a record, up to 300 pages,
available without charge to a requestor who is an employee of FEMA. The
system manager may waive the fee requirement for any other requestor if
the cost of collecting the fee is an unduly large part of, or greater
than, the fee, or when furnishing the record without charge conforms to
generally established business custom or is in the public interest.
[44 FR 50293, Aug. 27, 1979, as amended at 52 FR 13679, Apr. 24, 1987]
Sec. 6.83 Prepayment of fees.
(a) When FEMA estimates or determines that allowable charges that a
requester may be required to pay are likely to exceed $250.00, FEMA may
require a requester to make an advance payment of the entire fee before
continuing to process the request.
(b) When a requester has previously failed to pay a fee charged in a
timely fashion (i.e., within 30 days of the date of the billing), FEMA
may require the requester to pay the full amount owed plus any
applicable interest as provided in Sec. 6.85(d), and to make an advance
payment of the full amount of the estimated fee before the agency begins
to process a new request or a pending request from that requester.
(c) When FEMA acts under Sec. 5.44 (a) or (b), the administrative time
limits prescribed in subsection (a)(6) of the FOIA (i.e., 10 working
days from the receipt of initial requests and 20 working days from
receipt of appeals from initial denial, plus permissible extensions of
these time limits) will begin only after FEMA has received fee payments
described under Sec. 5.44 (a) or (b).
[52 FR 13679, Apr. 24, 1987]
Sec. 6.84 Form of payment.
Payment shall be by check or money order payable to The Federal
Emergency Management Agency and shall be addressed to the system
manager.
Sec. 6.85 Reproduction fees.
(a) Duplication costs. (1) For copies of documents reproduced on a
standard office copying machine in sizes up to 8\1/2\x14 inches, the
charge will be $.15 per page.
(2) The fee for reproducing copies of records over 8\1/2\x14 inches or
whose physical characteristics do not permit reproduction by routine
electrostatic copying shall be the direct cost of reproducing the
records through Government or commercial sources. If FEMA estimates that
the allowable duplication charges are likely to exceed $25, it shall
notify the requester of the estimated amount of fees, unless the
requester has indicated in advance his/her willingness to pay fees as
high as those anticipated. Such a notice shall offer a requester the
opportunity to confer with agency personnel with the objective of
reformulating the request to meet his/her needs at a lower cost.
(3) For other methods of reproduction or duplication, FEMA shall
charge the actual direct costs of producing the document(s). If FEMA
estimates that the allowable duplication charges are likely to exceed
$25, it shall notify the requester of the estimated amount of fees,
unless the requester has indicated in advance his/her willingness to pay
fees as high as those anticipated. Such a notice shall offer a requester
the opportunity to confer with agency personnel with the objective of
reformulating the request to meet his/her needs at a lower cost.
(b) Interest may be charge to those requesters who fail to pay fees
charged. FEMA may begin assessing interest charges on the amount billed
starting on the 31st day following the day on which the billing was
sent. Interest will be at the rate prescribed in section 3717 of Title
31 U.S.C.
[52 FR 13679, Apr. 245, 1987]
Subpart G--Exempt Systems of Records
Sec. 6.86 General exemptions.
(a) Whenever the Director, Federal Emergency Management Agency,
determines it to be necessary and proper, with respect to any system of
records maintained by the Federal Emergency Management Agency, to
exercise the right to promulgate rules to exempt such systems in
accordance with the provisions of 5 U.S.C. 552a(j) and (k), each
specific exemption, including the parts of each system to be exempted,
the provisions of the Act from which they are exempted, and the
justification for each exemption shall be published in the Federal
Register as part of FEMA's Notice of Systems of Records.
(b) Exempt under 5 U.S.C. 552a(j)(2) from the requirements of 5 U.S.C.
552a(c) (3) and (4), (d), (e) (1), (2), (3), (e)(4) (G), (H), and (I),
(e) (5) and (8) (f) and (g) of the Privacy Act.
(1) Exempt systems. The following systems of records, which contain
information of the type described in 5 U.S.C. 552(j)(2), shall be exempt
from the provisions of 5 U.S.C. 552a listed in paragraph (b) of this
section.
General Investigative Files (FEMA/IG-2)--Limited Access
(2) Reasons for exemptions. (i) 5 U.S.C. 552a(e)(4)(G) and (f)(1)
enable individuals to be notified whether a system of records contains
records pertaining to them. The Federal Emergency Management Agency
believes that application of these provisions to the above-listed system
of records would give individuals an opportunity to learn whether they
are of record either as suspects or as subjects of a criminal
investigation; this would compromise the ability of the Federal
Emergency Management Agency to complete investigations and identify or
detect violators of laws administered by the Federal Emergency
Management Agency or other Federal agencies. Individuals would be able:
(A) To take steps to avoid detection,
(B) To inform co-conspirators of the fact that an investigation is
being conducted,
(C) To learn the nature of the investigation to which they are being
subjected, (D) To learn the type of surveillance being utilized,
(E) To learn whether they are only suspects or identified law
violators,
(F) To continue to resume their illegal conduct without fear of
detection upon learning that they are not in a particular system of
records, and
(G) To destroy evidence needed to prove the violation.
(ii) 5 U.S.C. 552a(d)(1), (e)(4)(H) and (f)(2), (3) and (5) enable
individuals to gain access to records pertaining to them. The Federal
Emergency Management Agency believes that application of these
provisions to the above-listed system of records would compromise its
ability to complete or continue criminal investigations and to detect or
identify violators of laws administered by the Federal Emergency
Management Agency or other Federal agencies. Permitting access to
records contained in the above-listed system of records would provide
individuals with significant information concerning the nature of the
investigation, and this could enable them to avoid detection or
apprehension in the following ways: (A) By discovering the collection of
facts which would form the basis for their arrest, (B) by enabling them
to destroy evidence of criminal conduct which would form the basis for
their arrest, and (C) by learning that the criminal investigators had
reason to believe that a crime was about to be committed, they could
delay the commission of the crime or change the scene of the crime to a
location which might not be under surveillance. Granting access to
ongoing or closed investigative files would also reveal investigative
techniques and procedures, the knowledge of which could enable
individuals planning criminal activity to structure their future
operations in such a way as to avoid detection or apprehension, thereby
neutralizing law enforcement officers' established investigative tools
and procedures. Further, granting access to investigative files and
records could disclose the identity of confidential sources and other
informers and the nature of the information which they supplied, thereby
endangering the life or physical safety of those sources of information
by exposing them to possible reprisals for having provided information
relating to the criminal activities of those individuals who are the
subjects of the investigative files and records; confidential sources
and other informers might refuse to provide criminal investigators with
valuable information if they could not be secure in the knowledge that
their identities would not be revealed through disclosure of either
their names or the nature of the information they supplied, and this
would seriously impair the ability of the Federal Emergency Management
Agency to carry out its mandate to enforce criminal and related laws.
Additionally, providing access to records contained in the above-listed
system of records could reveal the identities of undercover law
enforcement personnel who compiled information regarding individual's
criminal activities, thereby endangering the life or physical safety of
those undercover personnel or their families by exposing them to
possible reprisals.
(iii) 5 U.S.C. 552a(d) (2), (3) and (4), (e)(4)(H) and (f)(4), which
are dependent upon access having been granted to records pursuant to the
provisions cited in paragraph (b)(2)(ii) of this section, enable
individuals to contest (seek amendment to) the content of records
contained in a system of records and require an agency to note an
amended record and to provide a copy of an individual's statement (of
disagreement with the agency's refusal to amend a record) to persons or
other agencies to whom the record has been disclosed. The Federal
Emergency Management Agency believes that the reasons set forth in
paragraph (b)(2)(ii) of this section are equally applicable to this
paragraph and, accordingly, those reasons are hereby incorporated herein
by reference.
(iv) 5 U.S.C. 552a(c)(3) requires that an agency make accountings of
disclosures of records available to individuals named in the records at
their request; such accountings must state the date, nature and purpose
of each disclosure of a record and the name and address of the
recipient. The Federal Emergency Management Agency believes that
application of this provision to the above-listed system of records
would impair the ability of other law enforcement agencies to make
effective use of information provided by the Federal Emergency
Management Agency in connection with the investigation, detection and
apprehension of violators of the criminal laws enforced by those other
law enforcement agencies. Making accountings of disclosure available to
violators or possible violators would alert those individuals to the
fact that another agency is conducting an investigation into their
criminal activities, and this could reveal the geographic location of
the other agency's investigation, the nature and purpose of that
investigation, and the dates on which that investigation was active.
Violators possessing such knowledge would thereby be able to take
appropriate measures to avoid detection or apprehension by altering
their operations, by transferring their criminal activities to other
geographic areas or by destroying or concealing evidence which would
form the basis for their arrest. In addition, providing violators with
accountings of disclosure would alert those individuals to the fact that
the Federal Emergency Management Agency has information regarding their
criminal activities and could inform those individuals of the general
nature of that information; this, in turn, would afford those
individuals a better opportunity to take appropriate steps to avoid
detection or apprehension for violations of criminal and related laws.
(v) 5 U.S.C. 552a(c)(4) requires that an agency inform any person or
other agency about any correction or notation of dispute made by the
agency in accordance with 5 U.S.C. 552a(d) of any record that has been
disclosed to the person or agency if an accounting of the disclosure was
made. Since this provision is dependent on an individual's having been
provided an opportunity to contest (seek amendment to) records
pertaining to him/her, and since the above-listed system of records is
proposed to be exempt from those provisions of 5 U.S.C. 552a relating to
amendments of records as indicated in paragraph (b)(2)(iii) of this
section, the Federal Emergency Management Agency believes that this
provision should not be applicable to the above system of records.
(vi) 5 U.S.C. 552a(e)(4)(I) requires that an agency publish a public
notice listing the categories of sources for information contained in a
system of records. The categories of sources of this system of records
have been published in the Federal Register in broad generic terms in
the belief that this is all that subsection (e)(4)(I) of the Act
requires. In the event, however, that this subsection should be
interpreted to require more detail as to the identity of sources of the
records in this system, exemption from this provision is necessary in
order to protect the confidentiality of the sources of criminal and
other law enforcement information. Such exemption is further necessary
to protect the privacy and physical safety of witnesses and informants.
(vii) 5 U.S.C. 552a(e)(1) requires that an agency maintain in its
records only such information about an individual as is relevant and
necessary to accomplish a purpose of the agency required to be
accomplished by statute or executive order. The term ``maintain'' as
defined in 5 U.S.C. 552a(a)(3) includes ``collect'' and ``disseminate.''
At the time that information is collected by the Federal Emergency
Management Agency, there is often insufficient time to determine whether
the information is relevant and necessary to accomplish a purpose of the
Federal Emergency Management Agency; in many cases information collected
may not be immediately susceptible to a determination of whether the
information is relevant and necessary, particularly in the early stages
of an investigation, and in many cases, information which initially
appears to be irrelevant or unnecessary may, upon further evaluation or
upon continuation of the investigation, prove to have particular
relevance to an enforcement program of the Federal Emergency Management
Agency. Further, not all violations of law discovered during a criminal
investigation fall within the investigative jurisdiction of the Federal
Emergency Management Agency; in order to promote effective law
enforcement, it often becomes necessary and desirable to disseminate
information pertaining to such violations to other law enforcement
agencies which have jurisdiction over the offense to which the
information relates. The Federal Emergency Management Agency should not
be placed in a position of having to ignore information relating to
violations of law not within its jurisdiction when that information
comes to the attention of the Federal Emergency Management Agency
through the conduct of a lawful FEMA investigation. The Federal
Emergency Management Agency, therefore, believes that it is appropriate
to exempt the above-listed system of records from the provisions of 5
U.S.C. 552a(e)(1).
(viii) 5 U.S.C. 552a(e)(2) requires that an agency collect information
to the greatest extent practicable directly from the subject individual
when the information may result in adverse determinations about an
individual's rights, benefits, and privileges under Federal programs.
The Federal Emergency Management Agency believes that application of
this provision to the above-listed system of records would impair the
ability of the Federal Emergency Management Agency to conduct
investigations and to identify or detect violators of criminal or
related laws for the following reasons:
(A) Most information collected about an individual under criminal
investigations is obtained from third parties such as witnesses and
informers, and it is usually not feasible to rely upon the subject of
the investigation as a source for information regarding his/her criminal
activities,
(B) An attempt to obtain information from the subject of a criminal
investigation will often alert that individual to the existence of an
investigation, thereby affording the individual an opportunity to
attempt to conceal his/her criminal activities so as to avoid
apprehension,
(C) In certain instances, the subject of a criminal investigation is
not required to supply information to criminal investigators as a matter
of legal duty, and
(D) During criminal investigations it is often a matter of sound
investigative procedures to obtain information from a variety of sources
in order to verify information already obtained.
(ix) 5 U.S.C. 552a(e)(3) requires that an agency inform each
individual whom it asks to supply information, either on the form which
the agency uses to collect the information or on a separate form which
can be retained by the individual, with the following information: The
authority which authorizes the solicitation of the information and
whether disclosure of such information is mandatory or voluntary; the
principal purposes for which the information is intended to be used; the
routine uses which may be made of the information; and the effects on
the individual of not providing all or part of the requested
information. The Federal Emergency Management Agency believes that the
above-listed system of records should be exempted from this provision in
order to avoid adverse effects on its ability to identify or detect
violators of criminal or related laws. In many cases, information is
obtained by confidential sources, other informers or undercover law
enforcement officers under circumstances where it is necessary that the
true purpose of their actions be kept secret so as to avoid alerting the
subject of the investigation or his/her associates that a criminal
investigation is in process. Further, if it became known that the
undercover officer was assisting in a criminal investigation, that
officer's life or physical safety could be endangered through reprisal,
and, under such circumstances it may not be possible to continue to
utilize that officer in the investigation. In many cases, individuals,
for personal reasons, would feel inhibited in talking to a person
representing a criminal law enforcement agency but would be willing to
talk to a confidential source or undercover officer who they believe is
not involved in law enforcement activities. In addition, providing a
source of information with written evidence that he was a source, as
required by this provision, could increase the likelihood that the
source of information would be the subject of retaliatory action by the
subject of the investigation. Further, application of this provision
could result in an unwarranted invasion of the personal privacy of the
subject of the criminal investigation, particularly where further
investigation would result in a finding that the subject was not
involved in any criminal activity.
(x) 5 U.S.C. 552a(e)(5) requires that an agency maintain all records
used by the agency in making any determination about any individual with
such accuracy, relevance, timeliness and completeness as is reasonably
necessary to assure fairness to the individual in the determination.
Since 5 U.S.C. 552a(a)(3) defines ``maintain'' to include ``collect''
and ``disseminate,'' application of this provision to the above-listed
system of records would hinder the initial collection of any information
which could not, at the moment of collection, be determined to be
accurate, relevant, timely and complete. Similarly, application of this
provision would seriously restrict the necessary flow of information
from the Federal Emergency Management Agency to other law enforcement
agencies when a FEMA investigation revealed information pertaining to a
violation of law which was under investigative jurisdiction of another
agency. In collecting information during the course of a criminal
investigation, it is not possible or feasible to determine accuracy,
relevance, timeliness or completeness prior to collection of the
information; in disseminating information to other law enforcement
agencies it is often not possible to determine accuracy, relevance,
timeliness or completeness prior to dissemination because the
disseminating agency may not have the expertise with which to make such
determinations. Further, information which may initially appear to be
inaccurate, irrelevant, untimely or incomplete may, when gathered,
grouped, and evaluated with other available information, become more
pertinent as an investigation progresses. In addition, application of
this provision could seriously impede criminal investigators and
intelligence analysts in the exercise of their judgment in reporting on
results obtained during criminal investigations. The Federal Emergency
Management Agency believes that it is appropriate to exempt the above-
listed system of records from the provisions of 5 U.S.C. 552a(e)(5).
(xi) 5 U.S.C. 552a(e)(8) requires that an agency make reasonable
effort to serve notice on an individual when any record on the
individual is made available to any person under compulsory legal
process when such process becomes a matter of public record. The Federal
Emergency Management Agency believes that the above-listed system of
records should be exempt from this provision in order to avoid revealing
investigative techniques and procedures outlined in those records and in
order to prevent revelation of the existence on an on-going
investigation where there is a need to keep the existence of the
investigation secret.
(xii) 5 U.S.C. 552a(g) provides civil remedies to an individual for an
agency's refusal to amend a record or to make a review of a request for
amendment; for an agency's refusal to grant access to a record; for an
agency's failure to maintain accurate, relevant, timely and complete
records which are used to make a determination which is adverse to the
individual; and for an agency's failure to comply with any other
provision of 5 U.S.C. 552a in such a way as to have an adverse effect on
an individual. The Federal Emergency Management Agency believes that the
above-listed system of records should be exempted from this provision to
the extent that the civil remedies provided therein may relate to
provisions of 5 U.S.C. 552a from which the above-listed system of
records is proposed to be exempt. Since the provisions of 5 U.S.C. 552a
enumerated in paragraphs (b)(2)(i) through (xi) of this section are
proposed to be inapplicable to the above-listed systems of records for
the reasons stated therein, there should be no corresponding civil
remedies for failure to comply with the requirements of those provisions
to which the exemption is proposed to apply. Further, the Federal
Emergency Management Agency believes that application of this provision
to the above-listed system of records would adversely affect its ability
to conduct criminal investigations by exposing to civil court action
every stage of the criminal investigative process in which information
is compiled or used in order to identify, detect, or otherwise
investigate persons suspected or known to be engaged in criminal
conduct.
(xiii) Individuals may not have access to another agency's records,
which are contained in files maintained by the Federal Emergency
Management Agency, when that other agency's regulations provide that
such records are subject to general exemption under 5 U.S.C. 552a(j). If
such exempt records are within a request for access, FEMA will advise
the individual of their existence and of the name and address of the
source agency. For any further information concerning the record and the
exemption, the individual must contact that source agency.
Sec. 6.87 Specific exemptions.
(a) Exempt under 5 U.S.C. 552a(k)(1). The Director, Federal Emergency
Management Agency has determined that certain systems of records may be
exempt from the requirements of (c)(3) and (d) pursuant to 5 U.S.C.
552a(k)(1) to the extent that the system contains any information
properly classified under Executive Order 12356 or any subsequent
Executive order and which are required to be kept secret in the interest
of national defense or foreign policy. To the extent that this occurs,
such records in the following systems would be exempt:
Claims (litigation) (FEMA/GC-1)--Limited Access
FEMA Enforcement (Compliance) (FEMA/GC-2)--Limited Access
General Investigative Files (FEMA/IG-1)--Limited Access
(b)(1) Exempt systems. The following systems of records, which contain
information of the type described in 5 U.S.C. 552a(k)(2), shall be
exempt from the provisions of 5 U.S.C. 552a(k)(2) listed in paragraph
(b) of this section.
Claims (litigation) (FEMA/GC-1)--Limited Access
FEMA Enforcement (Compliance) (FEMA/GC-2)--Limited Access
General Investigative Files (FEMA/IG-1)--Limited Access
Equal Employment Opportunity Complaints of Discrimination Files (FEMA/
PER-2)--Limited Access
(2) Reasons for exemptions. (i) 5 U.S.C. 552a(e)(4)(G) and (f)(1)
enable individuals to be notified whether a system of records contains
records pertaining to them. The Federal Emergency Management Agency
believes that application of these provisions to the above-listed
systems of records would impair the ability of FEMA to successfully
complete investigations and inquiries of suspected violators of civil
and criminal laws and regulations under its jurisdiction. In many cases
investigations and inquiries into violations of civil and criminal laws
and regulations involve complex and continuing patterns of behavior.
Individuals, if informed, that they have been identified as suspected
violators of civil or criminal laws and regulations, would have an
opportunity to take measures to prevent detection of illegal action so
as to avoid prosecution or the imposition of civil sanctions. They would
also be able to learn the nature and location of the investigation or
inquiry, the type of surveillance being utilized, and they would be able
to transmit this knowledge to co-conspirators. Finally, violators might
be given the opportunity to destroy evidence needed to prove the
violation under investigation or inquiry.
(ii) 5 U.S.C. 552a(d)(1), (e)(4)(H) and (f)(2), (3) and (5) enable
individuals to gain access to records pertaining to them. The Federal
Emergency Management Agency believes that application of these
provisions to the above-listed systems of records would impair its
ability to complete or continue civil or criminal investigations and
inquiries and to detect violators of civil or criminal laws. Permitting
access to records contained in the above-listed systems of records would
provide violators with significant information concerning the nature of
the civil or criminal investigation or inquiry. Knowledge of the facts
developed during an investigation or inquiry would enable violators of
criminal and civil laws and regulations to learn the extent to which the
investigation or inquiry has progressed, and this could provide them
with an opportunity to destroy evidence that would form the basis for
prosecution or the imposition of civil sanctions. In addition, knowledge
gained through access to investigatory material could alert a violator
to the need to temporarily postpone commission of the violation or to
change the intended point where the violation is to be committed so as
to avoid detection or apprehension. Further, access to investigatory
material would disclose investigative techniques and procedures which,
if known, could enable violators to structure their future operations in
such a way as to avoid detection or apprehension, thereby neutralizing
investigators' established and effective investigative tools and
procedures. In addition, investigatory material may contain the identity
of a confidential source of information or other informer who would not
want his/her identity to be disclosed for reasons of personal privacy or
for fear of reprisal at the hands of the individual about whom he/she
supplied information. In some cases mere disclosure of the information
provided by an informer would reveal the identity of the informer either
through the process of elimination or by virtue of the nature of the
information supplied. If informers cannot be assured that their
identities (as sources for information) will remain confidential, they
would be very reluctant in the future to provide information pertaining
to violations of criminal and civil laws and regulations, and this would
seriously compromise the ability of the Federal Emergency Management
Agency to carry out its mission. Further, application of 5 U.S.C.
552a(d)(1), (e)(4)(H) and (f)(2), (3) and (5) to the above-listed
systems of records would make available attorney's work product and
other documents which contain evaluations, recommendations, and
discussions of on-going civil and criminal legal proceedings; the
availability of such documents could have a chilling effect on the free
flow of information and ideas within the Federal Emergency Management
Agency which is vital to the agency's predecisional deliberative
process, could seriously prejudice the agency's or the Government's
position in a civil or criminal litigation, and could result in the
disclosure of investigatory material which should not be disclosed for
the reasons stated above. It is the belief of the Federal Emergency
Management Agency that, in both civil actions and criminal prosecutions,
due process will assure that individuals have a reasonable opportunity
to learn of the existence of, and to challenge, investigatory records
and related materials which are to be used in legal proceedings.
(iii) 5 U.S.C. 552a(d)(2), (3) and (4), (e)(4)(H) and (f)(4) which are
dependent upon access having been granted to records pursuant to the
provisions cited in paragraph (b)(2)(ii) of this section, enable
individuals to contest (seek amendment to) the content of records
contained in a system of records and require an agency to note an
amended record and to provide a copy of an individual's statement (of
disagreement with the agency's refusal to amend a record) to persons or
other agencies to whom the record has been disclosed. The Federal
Emergency Management Agency believes that the reasons set forth in
paragraphs (b)(2)(i) of this section are equally applicable to this
subparagraph, and, accordingly, those reasons are hereby incorporated
herein by reference.
(iv) 5 U.S.C. 552a(c)(3) requires that an agency make accountings of
disclosures of records available to individuals named in the records at
their request; such accountings must state the date, nature, and purpose
of each disclosure of a record and the name and address of the
recipient. The Federal Emergency Management Agency believes that
application of this provision to the above-listed systems of records
would impair the ability of the Federal Emergency Management Agency and
other law enforcement agencies to conduct investigations and inquiries
into civil and criminal violations under their respective jurisdictions.
Making accountings available to violators would alert those individuals
to the fact that the Federal Emergency Management Agency or another law
enforcement authority is conducting an investigation or inquiry into
their activities, and such accountings could reveal the geographic
location of the investigation or inquiry, the nature and purpose of the
investigation or inquiry and the nature of the information disclosed,
and the date on which that investigation or inquiry was active.
Violators possessing such knowledge would thereby be able to take
appropriate measures to avoid detection or apprehension by altering
their operations, transferring their activities to other locations or
destroying or concealing evidence which would form the basis for
prosecution or the imposition of civil sanctions.
(v) 5 U.S.C. 552a(e)(1) requires that an agency maintain in its
records only such information about an individual as is relevant and
necessary to accomplish a purpose of the agency required to be
accomplished by statute or executive order. The term ``maintain'' as
defined in 5 U.S.C. 552a(a)(3) includes ``collect'' and ``disseminate.''
At the time that information is collected by the Federal Emergency
Management Agency there is often insufficient time to determine whether
the information is relevant and necessary to accomplish a purpose of the
Federal Emergency Management Agency; in many cases information collected
may not be immediately susceptible to a determination of whether the
information is relevant and necessary, particularly in the early stages
of investigation or inquiry, and in many cases information which
initially appears to be irrelevant or unnecessary may, upon further
evaluation or upon continuation of the investigation or inquiry, prove
to have particular relevance to an enforcement program of the Federal
Emergency Management Agency. Further, not all violations of law
uncovered during a Federal Emergency Management Agency inquiry fall
within the civil or criminal jurisdiction of the Federal Emergency
Management Agency; in order to promote effective law enforcement, it
often becomes necessary and desirable to disseminate information
pertaining to such violations to other law enforcement agencies which
have jurisdiction over the offense to which the information relates. The
Federal Emergency Management Agency should not be placed in a position
of having to ignore information relating to violations of law not within
its jurisdiction when that information comes to the attention of the
Federal Emergency Management Agency through the conduct of a lawful
FEMAs civil or criminal investigation or inquiry. The Federal Emergency
Management Agency therefore believes that it is appropriate to exempt
the above-listed systems of records from the provisions of 5 U.S.C.
552a(e)(1).
(c) Exempt under 5 U.S.C. 552a(k)(5). The Director, Federal Emergency
Management Agency has determined that certain systems of records are
exempt from the requirements of (c)(3) and (d) of 5 U.S.C. 552a.
(1) Exempt systems. The following systems of records, which contain
information of the type described in 5 U.S.C. 552a(k)(5), shall be
exempted from the provisions of 5 U.S.C. 552a listed in paragraph (c) of
this section.
Claims (litigation) (FEMA/GC-1)--Limited Access
FEMA Enforcement (Compliance) (FEMA/GC-2)--Limited Access
General Investigative Files (FEMA/IG-2)--Limited Access
Security Management Information Systems (FEMA/SEC-1)--Limited Access
(2) Reasons for exemptions. All information about individuals in these
records that meet the criteria stated in 5 U.S.C. 552a(k)(5) is exempt
from the requirements of 5 U.S.C. 552a(c)(3) and (d). These provisions
of the Privacy Act relate to making accountings of disclosure available
to the subject and access to and amendment of records. These exemptions
are claimed because the system of records entitled, FEMA/SEC-1, Security
Management Information System, contains investigatory material compiled
solely for the purpose of determining suitability, eligibility, or
qualifications for access to classified information or classified
Federal contracts, but only to the extent that the disclosure would
reveal the identity of a source who furnished information to the
Government under an express promise or, prior to September 27, 1975,
under an implied promise that the identity of the source would be held
in confidence. During the litigation process and investigations, it is
possible that certain records from the system of records entitled, FEMA/
SEC-1, Security Management System may be necessary and relevant to the
litigation or investigation and included in these systems of records. To
the extent that this occurs, the Director, FEMA, has determined that the
records would also be exempted from subsections (c)(3) and (d) pursuant
to 5 U.S.C. 552a(k)(5) to protect such records. A determination will be
made at the time of the request for a record concerning whether specific
information would reveal the identity of a source. This exemption is
required in order to protect the confidentiality of the sources of
information compiled for the purpose of determining access to classified
information. This confidentiality helps maintain the Government's
continued access to information from persons who would otherwise refuse
to give it.
[44 FR 50293, Aug. 27, 1979, as amended at 47 FR 54816, Dec. 6, 1982; 52
FR 5114, Feb. 19, 1987]