[Federal Register Volume 61, Number 185 (Monday, September 23, 1996)]
[Notices]
[Pages 49777-49779]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-24320]
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FEDERAL EMERGENCY MANAGEMENT AGENCY
Privacy Act of 1974; Proposed Amended Routine Use; Disaster
Recovery Assistance Files
AGENCY: Federal Emergency Management Agency (FEMA).
ACTION: Notice of proposed amended routine use.
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SUMMARY: The Federal Emergency Management Agency gives notice of a
proposed amended routine use to be added to an existing system of
records entitled, FEMA/REG-2, Disaster Recovery Assistance Files.
DATES: We invite comments on this proposed amended routine use. Please
submit written comments by October 23, 1996. The proposed amended
routine use and other modifications to this system, as stated, shall
become effective 45 days from the date of this publication, without
further notice, unless comments necessitate otherwise.
ADDRESSES: Please address comments to the Rules Docket Clerk, Office of
the General Counsel, Federal Emergency Management Agency, room 840, 500
C Street SW., Washington, DC 20472. Comments received will be available
for public inspection at the address above from 9 a.m. to 4 p.m.,
Monday through Friday (except legal holidays).
FOR FURTHER INFORMATION CONTACT: Sandra Jackson, FOIA/Privacy
Specialist, Federal Emergency Management Agency, 500 C Street SW.,
Washington, DC 20472, (202) 646-3840.
SUPPLEMENTARY INFORMATION: The Federal Emergency Management Agency
(FEMA) published notices of systems of records on January 5, 1987, 52
FR 324; February 3, 1987, 52 FR 3344; March 5, 1987, 52 FR 6875, and
September 7, 1990, 55 FR 37182.
By this notice we amend a routine use to permit disclosure of a
record from the Disaster Recovery Assistance Files to agencies or
organizations that are responsible for administering or obtaining
information relevant to the implementation of floodplain management and
other hazard mitigation programs. The agencies or organizations include
Federal, State, and local government agencies, and volunteer
organizations. The programs include property acquisition, relocation
programs, elevation programs, or any other hazard mitigation
activities.
Since the 1993 Midwest Flooding, there has been a substantial
increase in the number of requests to FEMA for information on
applicants for disaster recovery; such information is covered by the
Privacy Act. Almost all requests are from State and local agencies to
evaluate disaster damages and their impacts on communities, and to
implement floodplain management ordinances and hazard mitigation
measures. There is no clear routine use to release Privacy Act
information for these purposes. Each request requires review and
analysis on a case-by-case basis by the Office of the General Counsel
and by the Human Services Division of the Response & Recovery
Directorate.
The Robert T. Stafford Disaster Relief and Emergency Assistance
Act, 42 U.S.C. 5121 et seq. (Stafford Act), encourages floodplain
management and other hazard mitigation measures to reduce losses from
disasters, including development of land use and construction
regulations. Section 404, Hazard Mitigation, of the Stafford Act
authorizes funding for such projects.
The proposed amended routine use would enhance timely and efficient
delivery of FEMA's all-hazards management because obtaining applicant
assistance information, crucial to the implementation of floodplain
management ordinances and hazard mitigation projects will be more
easily obtainable than now by those entrusted with those
responsibilities.
In addition, minor modifications are being made to this system to
change the name of the Disaster Relief Act to the Robert T. Stafford
Disaster Relief and Emergency Assistance Act; the System Location to
the FEMA National Processing Service Centers under the purview of FEMA
regional offices listed in Appendix AA; and to update the mailing
addresses of FEMA Regional Offices listed in Appendix AA.
Accordingly, we revise FEMA/REG-2, Appendix A, and Appendix AA of
the FEMA Privacy Act systems of records to read as follows:
FEMA/REG-2
Disaster Recovery Assistance Files.
Unclassified.
FEMA National Processing Service Centers.
Individuals who apply for disaster recovery assistance following
Presidentially declared major disasters or emergencies.
a. Records of registration for assistance (FEMA Form 90-69,
Disaster Assistance Registration/Application includes names, addresses,
telephone numbers, social security numbers, insurance coverage
information, household size and composition, type of damage incurred,
income information, programs to which referred for assistance, flood
zones, and preliminary determinations of eligibility for disaster
assistance).
b. Inspection reports (FEMA Form 90-56, Inspection Report) contain
identification information, and results of survey of damaged property
and goods.
c. Temporary housing assistance eligibility determinations (FEMA
Forms 90-11 through 90-13, 90-16, 90-22, 90-24 through 90-28, 90-31,
90-33, 90-41, 90-48, 90-57, 90-68 through 90-70, 90-71, 90-75 through
90-78, 90-82, 90-86, 90-87, 90-94 through 90-97, 90-99, and 90-101).
These determinations pertain to approval and disapproval of temporary
housing assistance: General correspondence, complaints, appeals, and
resolutions, requests for disbursement of payments, inquiries from
tenants and landlords, general administrative and fiscal information,
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payment schedules and forms, termination notices, and information
shared with the temporary housing program staff from other agencies to
prevent duplication of benefits, leases, contracts, specifications for
repair of disaster damaged residences, reasons for eviction or denial
of aid, sales information after tenant purchase of housing units, and
status of disposition of applications of housing.
d. Eligibility decisions from other agencies (for example, the
disaster loan program administered by the Small Business
Administration, and decisions of the State-administered Individual and
Family Grant program) as they relate to determinations of eligibility
for disaster assistance programs.
e. State files containing related, but independently kept, records
of persons who request Individual and Family Grants, and administrative
files and reports required by FEMA. As to individuals, the same type of
information as described above under registration, inspection, and
temporary housing assistance records are kept. As to administrative and
reporting requirements, FEMA Forms 76-27, 76-28, 76-30, 76-32, 76-34,
76-35, 76-38 are used. State administrative planning formats are also
used.
The Robert T. Stafford Disaster Relief and Emergency Assistance
Act, 42 U.S.C. 5121 et seq.; Reorganization Plan No. 3 of l978, 43 FR
41943, 3 CFR, 1978 Comp., p. 329, 5 U.S.C. App.1.
To register applicants needing disaster assistance, to inspect
damaged homes, to verify information provided by the applicant, and to
make eligibility determinations for that assistance.
Other Federal agencies, State governments, local governments, and
volunteer agencies charged with administering disaster relief programs,
both under the Stafford Act and other disaster legislation of charters
may have read-only access to information relevant to their particular
assistance program to determine eligibility for assistance programs.
They will not be able to change FEMA records. To the extent that
eligibility for a program depends on eligibility for assistance from
another program (section 312 of the Act prohibits duplication of
benefits among disaster organizations), the information must be shared
between and among these agencies and organizations.
For Property Acquisition and Relocation, a record from this system
of records may be disclosed, in response to a written request, to
Federal, State, or local government agencies, or to volunteer or
private organizations charged with administering or obtaining
information relevant to decisions concerning the implementation of
floodplain management and other hazard mitigation measures, including
property acquisition, relocation programs, elevation of buildings, and
enforcement of floodplain management ordinances.
Additional routine uses may include those identified at Nos. 1, 2,
3, 5, 6, and 8 of Appendix A.
Disclosures pursuant to 5 U.S.C. 552a(b)(l2): Disclosures may be
made from this system to ``consumer reporting agencies'' as defined in
the Fair Credit Reporting Act, 15 U.S.C. 1681a(f) or the Debt
Collection Act of 1982, 31 U.S.C. 3701(a)(3).
Computer discs, records in file folders.
By name, address, social security number, case file numbers.
Hardware and software computer security measures; paper files in
locked file cabinets or rooms; buildings are secured during non-
business hours by building guards.
We have broken down the paragraphs under the categories of records
section for easy reference. Records covered by paragraphs a.-d. are
covered by FEMA Records Schedule N1-311-86-1, Item 8b(l) and are
destroyed 6 years and 3 months after the files are consolidated.
Records covered by paragraph e. are covered by FEMA Records Schedule
N1-311-86-1, Item 7 and are destroyed 3 years after the disaster
contract is terminated.
Regional Directors of FEMA, addresses are listed in Appendix AA;
the Director, Human Services Division, Response and Recovery
Directorate, 500 C Street SW., room 326, Washington DC 20472.
Inquiries should be addressed to the appropriate system manager.
Written requests should be clearly marked, ``Privacy Act Request'' on
the envelope and letter. Include full name of the individual, some type
of appropriate personal identification, and current address.
For personal visits, the individual should be able to provide some
acceptable identification, that is, driver's license, employing
office's identification card, or other identification data.
Same as notification procedure above.
Same as notification procedure above. The letter should state
clearly and concisely what information is being contested, the reasons
for contesting it, and the proposed amendment to the information
sought. FEMA Privacy Act regulations are at 44 CFR part 6.
Applicants for disaster recovery assistance; credit rating bureaus,
financial institutions, insurance companies and agencies providing
disaster relief.
None.
Appendix A
Introduction to Routine Uses: Certain routine uses have been
identified as being applicable to many of the FEMA systems of record
notices. The specific routine uses applicable to an individual
system of record notice will be listed under the ``Routine Use''
section of the notice itself and will correspond to the numbering of
the routine uses published below. These uses are published only once
in the interest of simplicity, economy and to avoid redundancy,
rather than repeating them in every individual system notice.
l. Routine Use--Law Enforcement: A record from any FEMA system
of records, which indicates either by itself or in combination with
other information within FEMA's possession, a violation or potential
violation of law, whether civil, criminal or regulatory in nature,
and whether arising by general statute, or by regulation, rule or
order issued pursuant thereto, may be disclosed, as a routine use,
to the appropriate agency whether Federal, State, territorial, local
or foreign, or foreign agency or professional organization charged
with the responsibility of enforcing, or implementing, or
investigating, or prosecuting such violation or charged with
implementing the statute, rule, regulation or order issued pursuant
thereto.
2. Routine Use--Disclosure When Requesting Information: A record
from a
[[Page 49779]]
FEMA system of records may be disclosed as a routine use to a
Federal, State, or local agency maintaining civil, criminal,
regulatory, licensing or other enforcement information or other
pertinent information, such as current licenses, if necessary, to
obtain information relevant to an agency decision concerning hiring
or retention of an employee, issuance of a security clearance,
letting of a contract, or issuance of a license, grant, or other
benefit.
3. Routine Use--Disclosure of Requested Information: A record
from a FEMA system of records may be disclosed to a Federal agency,
in response to a written request in connection with hiring or
retention of an employee, issuance of an investigation of an
employee, letting of a contract, or issuance of a license, grant, or
other benefit by the requesting agency, to the extent that the
information is relevant and necessary to the requesting agency's
decision on the matter.
4. Routine Use--Grievance, Complaint, Appeal: A record from a
FEMA system of records may be disclosed to an authorized appeal or
grievance examiner, formal complaints examiner, equal employment
opportunity investigator, arbitrator, or other duly authorized
official engaged in investigation or settlement of a grievance,
complaint, or appeal filed by an employee. A record from this system
of records may be disclosed to the Office of Personnel Management in
accordance with that agency's responsibility for evaluation of
Federal personnel management.
To the extent that official personnel records in the custody of
FEMA are covered within systems of records published by the Office
of Personnel Management as governmentwide records, those records
will be considered as a part of that governmentwide system. Other
official personnel records covered by notices published by FEMA and
considered to be separate systems of records may be transferred to
the Office of Personnel Management in accordance with official
personnel programs and activities as a routine use.
5. Routine Use--Congressional Inquiries: A record from a FEMA
system of records may be disclosed as a routine use to a Member of
Congress or to a Congressional staff member in response to an
inquiry of the Congressional office made at the direct, written
request of the individual about whom the record is maintained.
6. Routine Use--Private Relief Legislation: The information
contained in a FEMA system of records may be disclosed as a routine
use to the Office of Management and Budget in connection with the
review of private relief legislation as set forth in OMB Circular
No. A-19 at any stage of the legislative coordination and clearance
process as set forth in that circular.
7. Routine Use--Disclosure to the Office of Personnel
Management: A record from a FEMA system of records may be disclosed
to the Office of Personnel Management concerning information on pay
and leave benefits, retirement deductions, and any other information
concerning personnel actions.
8. Routine Use--Disclosure to National Archives and Records
Administration: A record from a FEMA system of records may be
disclosed as a routine use to the National Archives and Records
Administration in records management inspections conducted under
authority of 44 U.S.C. 2904 and 2906.
9. Routine Use--Grand Jury: A record from any system of records
may be disclosed, as a routine use, to a grand jury agent pursuant
to a Federal or State grand jury subpoena or to a prosecution
request that such record be released for the purpose of its
introduction to a grand jury.
Appendix AA
Addresses for FEMA Regional Offices:
Region I--Regional Director, Federal Emergency Management Agency,
room 442, J.W. McCormack Post Office and Courthouse Building,
Boston, MA 02109-4595;
Region II--Regional Director, Federal Emergency Management Agency,
26 Federal Plaza, room 1338, New York, NY 10278-0002;
Region III--Regional Director, Federal Emergency Management Agency,
Liberty Square Building (Second Floor), 105 South Seventh Street,
Philadelphia, PA 19106-3316;
Region IV--Regional Director, Federal Emergency Management Agency,
1371 Peachtree Street, NE., suite 700, Atlanta, GA 30309-3108;
Region V--Regional Director, Federal Emergency Management Agency,
175 West Jackson Blvd., 4th Floor, Chicago, IL 60604-2698;
Region VI--Regional Director, Federal Emergency Management Agency,
Federal Regional Center, 800 North Loop 288, Denton, TX 76201-3698;
Region VII--Regional Director, Federal Emergency Management Agency,
2323 Grand Boulevard, room 900, Kansas City, MO 64108-2670;
Region VIII--Regional Director, Federal Emergency Management Agency,
Denver Federal Center, Building 710, Box 25267, Denver, CO 80225-
0267;
Region IX--Regional Director, Federal Emergency Management Agency,
Building 105, Presidio of San Francisco, CA 94129-1250;
Region X--Regional Director, Federal Emergency Management Agency,
Federal Regional Center, 130 228th Street SW., Bothell, WA 98021-
9796.
Dated: September 10, 1996.
John P. Carey,
General Counsel.
[FR Doc. 96-24320 Filed 9-20-96; 8:45 am]
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