[Federal Register: July 6, 2006 (Volume 71, Number 129)]
[Notices]
[Page 38408-38411]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr06jy06-85]
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DEPARTMENT OF HOMELAND SECURITY
Federal Emergency Management Agency
[Docket ID FEMA-2006-0029]
RIN 1660-ZA05
Privacy Act System of Records; Amendment to Existing Routine Uses
AGENCY: Federal Emergency Management Agency (FEMA), Department of
Homeland Security (DHS).
ACTION: Notice of amendment to routine uses.
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SUMMARY: In compliance with the requirements of the Privacy Act of
1974, as amended, FEMA gives notice that it proposes to revise its
Disaster Recovery Assistance Files, FEMA/REG-2, to address important
issues that arose in the aftermath of Hurricane Katrina.
EFFECTIVE DATE: The amended system of records will be effective August
7, 2006, unless comments are received that result in a contrary
determination. The public, the Office of Management and Budget (OMB),
and Congress are invited to comment on the amended system of records.
The amended system of records will be applicable to major disasters or
emergencies declared on or after July 6, 2006, unless comments are
received that result in a contrary determination.
ADDRESSES: You may submit comments, identified by Docket ID FEMA-2006-
0029 by one of the following methods:
Federal eRulemaking Portal: http://www.regulations.gov.
Follow the instructions for submitting comments;
E-mail: FEMA-RULES@dhs.gov. Include the Docket ID in the
subject line of the message;
Fax: 202-646-4536 (not a toll-free number); or
Mail/Hand Delivery/Courier: Rules Docket Clerk, Office of
General Counsel, Federal Emergency Management Agency, Room 840, 500 C
Street, SW., Washington, DC 20472; Maureen Cooney, Acting Chief Privacy
Officer, Department of Homeland Security, 601 S. 12th Street,
Arlington, VA 22202.
Instructions: All submissions received must include the agency name
and Docket ID (if available) for this notice. All comments received
will be posted without change to http://www.regulations.gov, including
any personal information provided.
Docket: For access to the docket to read background documents or
comments received, go to the Federal eRulemaking Portal at http://www.regulations.gov.
Submitted comments may also be inspected at FEMA,
Office of General Counsel, 500 C Street, SW., Room 840, Washington, DC
20472.
SUPPLEMENTARY INFORMATION: In compliance with the requirements of the
Privacy Act of 1974, as amended, 5 U.S.C. 552a, FEMA gives notice that
it intends to make several changes to its system of records entitled,
FEMA/REG-2, Disaster Recovery Assistance Files, which was last
published in the Federal Register on November 15, 2004 (69 FR 65615).
As a result of experiences during Hurricane Katrina and questions
raised about FEMA's authority to share vital information needed to
assist in disaster recovery and relief, FEMA is revising its Disaster
Recovery Assistance Files system of records in several respects.
First, FEMA has modified the ``Purpose(s)'' section to add as a
purpose of the system information sharing in the event of another
Presidentially-declared major disaster or emergency that adversely
impacts a significant portion of the United States. The information
FEMA collects during its disaster assistance efforts can be of critical
importance to State and local governments, private relief
organizations, and law enforcement agencies, and although FEMA believes
it has the authority to share information with these partners, it is
revising its SORN to make transparent the fact that
[[Page 38409]]
such sharing is a purpose of the system of records.
Second, FEMA intends to add new routine uses that allow for
information sharing with Federal agencies, State and local governments
or other authorized entities for the purposes of reunifying families,
locating missing children, voting, and with law enforcement entities in
the event of circumstances involving an evacuation, sheltering, or mass
relocation, for purposes of identifying and addressing public safety
and security issues. These routine uses are being added to resolve any
ambiguities about FEMA's authority to share information under these
circumstances and to ensure that necessary information can be
disseminated in an efficient and effective manner.
FEMA is also making some non-substantive editorial changes to its
system notice. FEMA is eliminating routine uses that are related to
internal, administrative processes including routine use ``(k) Private
Relief Legislation,'' and ``(p) Freedom of Information Act (FOIA)
Discussions with Other Agencies Regarding DHS Documents and Vice
Versa.'' FEMA is deleting routine uses that are unnecessary including
routine use ``(h) Requesting Information'' and routine use and ``(i)
Requested Information.''
The proposed revisions to this system of records will not change
the type or amount of information collected from individuals who apply
for disaster assistance. Instead, the revisions will change with whom
that information can be shared and for what purposes. FEMA believes
that these revisions will allow it to more effectively provide a full
range of disaster assistance and meet its responsibilities to share
critical information with other Federal, State, and local government
agencies as well as private entities involved in various aspects of
disaster recovery and relief.
In accordance with the requirements of 5 U.S.C. 552a(r), a report
on the revisions to this system notice has been provided to the Office
of Management and Budget and to Congress.
DHS/FEMA-REG 2
SYSTEM NAME:
Disaster Recovery Assistance Files.
SYSTEM LOCATION:
National Processing Service Centers (NPSC) located at FEMA MD-NPSC,
6505 Belcrest Road, Hyattsville, MD 20782; FEMA VA-NPSC, 19844 Blue
Ridge Mountain Road, Bluemont, VA 20135; FEMA TX-NPSC, 3900 Karina
Lane, Denton, TX 76208; and FEMA PR-NPSC, Carr 8860, KM 1.1 Bldg T-
1429, Trujillo Alto, PR 00976.
CATEGORIES OF INDIVIDUALS COVERED BY THE SYSTEM:
Individuals who apply for disaster recovery assistance through
three different mediums including: (a) electronically via the Internet,
(b) by calling FEMA's toll-free number, or (c) through the submission
of a paper copy of FEMA Form 90-69 following Presidentially-declared
major disasters or emergencies.
CATEGORIES OF RECORDS IN THE SYSTEM:
(a) Records of registration for assistance (Form 90-69, Disaster
Assistance Registration/Application) include individual applicants'
names, addresses, telephone numbers, social security numbers, insurance
coverage information, household size and composition, degree of damage
incurred, income information, programs to which FEMA refers applicants
for assistance, flood zones, location and height of high water level,
and preliminary determinations of eligibility for disaster assistance.
(b) Inspection reports (Form 90-56, Inspection Report) contain
individuals' identifying information and results of surveys of damaged
real and personal property and goods, which may include individuals'
homes and personal items.
(c) Temporary housing assistance eligibility determinations (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
refer to approval and disapproval of temporary housing assistance and
include: 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, information shared with the
temporary housing program staff from other agencies to prevent the
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 the
status of disposition of applications for housing.
(d) Eligibility decisions for disaster aid from other Federal and
State agencies (for example, the disaster loan program administered by
the Small Business Administration, and disaster aid decisions of the
State-administered Individual and Family Grants (IFG) and its successor
program, Other Needs Assistance (ONA)) as they relate to determinations
of individuals' eligibility for disaster assistance programs.
(e) State files, independently kept by the State, which contains
records of persons who request disaster aid, specifically for IFG and
its successor program, ONA, and administrative files and reports
required by FEMA. As to individuals, the State keeps the same type of
information as described above under registration, inspection, and
temporary housing assistance records. As to administrative files and
reporting requirements, the State uses forms 76-27, 76-28, 76-30, 76-
32, 76-34, 76-35, and 76-38. This collection of information is
essential to the effective monitoring and management of the IFG and the
ONA Program by FEMA's Regional Office staff who have the oversight
responsibility of ensuring that the State perform and adhere to FEMA
regulations and policy guidance.
AUTHORITY FOR MAINTENANCE OF THE SYSTEM:
Robert T. Stafford Disaster Relief and Emergency Assistance Act
(the Stafford Act), 42 U.S.C. 5121-5206 and Reorganization Plan No. 3
of 1978.
PURPOSE(S):
To register applicants needing disaster assistance, to inspect
damaged homes, to verify information provided by each applicant, to
make eligibility determinations regarding an applicant's request for
assistance, and to identify and implement measures to reduce future
disaster damage, and for other purposes identified in the ``Routine
Uses'' section below, resulting from a Presidentially-declared major
disaster or emergency that adversely impacts a significant portion of
the United States.
ROUTINE USES OF RECORDS MAINTAINED IN THE SYSTEM, INCLUDING CATEGORIES
OF USERS AND THE PURPOSES OF SUCH USES:
In addition to those disclosures generally permitted under 5 U.S.C.
552a(b) of the Privacy Act, all or a portion of the records or
information contained in this system may be disclosed outside DHS or
FEMA as a routine use pursuant to 5 U.S.C. 552a(b)(3) as follows:
(a) FEMA 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. FEMA shall only release as much information as is necessary
to enable the recipient agency to determine eligibility for that
agency's particular assistance program(s). The receiving agency is not
[[Page 38410]]
permitted to alter or to further disclose our disclosed records to
other disaster organizations. FEMA may make such disclosures under the
following circumstances:
(1) To another Federal agency or State government agency charged
with administering disaster relief programs to make available any
additional Federal and State disaster assistance to individuals and
households.
(2) When an applicant seeks assistance from a local government
agency or a voluntary organization (as defined at 44 CFR 206.2(a)(27),
as amended or superseded) 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, FEMA registration/application number, and damaged
dwelling address. The written request must explain the type of tangible
assistance being offered and the type of verification required before
the assistance can be provided.
(3) To voluntary organizations (as defined at 44 CFR 206.2(a)(27),
as amended or superseded) that have an established disaster assistance
program to address the disaster-related unmet needs of disaster
victims, are actively involved in the recovery efforts of the disaster,
and either have a national membership, in good standing, with the
National Voluntary Organizations Active in Disaster (NVOAD), or are
participating in the disaster's Long-Term Recovery Committee. When a
voluntary agency satisfies all of the criteria listed in this sub-
paragraph, FEMA may release lists of individuals' names, contact
information, and their FEMA inspected loss amount to the volunteer
agency for the sole purpose of providing additional disaster
assistance. FEMA shall release this information only while the period
for assistance for the current disaster is open.
(b) When an individual's eligibility, in whole or in part, for a
DHS/FEMA disaster assistance program depends upon benefits already
received or available from another source for the same purpose, FEMA
may disclose information to relevant agencies, organizations, and
institutions as necessary to determine what benefits are available from
another source and to prevent the duplication of disaster assistance
benefits (as described in section 312 of the Stafford Act).
(c) In response to a written request, FEMA 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. FEMA may only disclose information for the
following purposes:
(1) For hazard mitigation planning purposes to assist States and
local 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.
(2) For enforcement purposes, to enable State and local communities
to ensure that owners repair or rebuild structures in conformance with
applicable hazard-specific building codes, standards, and ordinances.
(d) Pursuant to the Debt Collection Improvement Act of 1996, 31
U.S.C. 3325(d) and 7701(c)(1), FEMA is required to collect and release
to the United States Department of the Treasury the social security
number of the person doing business with FEMA, including an applicant
for a grant. Therefore, FEMA will release an applicant's social
security number in connection with a request for payment to the U.S.
Treasury in order to provide a disaster assistance payment to an
applicant under the Individual Assistance program.
(e) FEMA may provide a list of applicants' names, amounts of
assistance provided, and related information to a State in connection
with billing that State for the applicable non-Federal cost share under
the Individuals and Households Program.
(f) When an applicant is occupying a FEMA Temporary Housing unit,
FEMA may release only the location of the FEMA Temporary Housing unit
to local emergency managers for the sole purpose of preparing emergency
evacuation plans. FEMA shall not release any information on an
individual, such as their name, type or amount of disaster assistance
received.
(g) Where a record, either on its face or in conjunction with other
information, indicates a violation or potential violation of law--
criminal, civil or regulatory--the relevant records may be referred to
an appropriate Federal, State, territorial, tribal, local,
international, or foreign agency law enforcement authority or other
appropriate agency charged with investigating or prosecuting such a
violation or enforcing or implementing such law. In the event of
circumstances requiring an evacuation, sheltering, or mass relocation,
FEMA may also share applicant information with Federal, State or local
law enforcement in order to identify illegal or fraudulent conduct and
address public safety or security issues.
(h) To a congressional office from the record of an individual in
response to an inquiry from that congressional office made at the
request of the individual to whom the record pertains.
(i) To the National Archives and Records Administration or other
Federal Government agencies pursuant to records management inspections
being conducted under the authority of 44 U.S.C. sections 2904 and
2906.
(j) To an agency, organization, or individual for the purposes of
performing authorized audit or oversight operations.
(k) To contractors, grantees, experts, consultants, students, and
others performing or working on a contract, service, grant, cooperative
agreement, or other assignment for the Federal Government, when
necessary to accomplish an agency function related to this system of
records.
(l) To the Department of the Treasury, Justice, the United States
Attorney's Office, or a consumer reporting agency for further
collection action on any delinquent debt when circumstances warrant.
(m) To the Department of Justice (DOJ) or other Federal agency
conducting litigation or in proceedings before any court, adjudicative
or administrative body, when: (1) DHS, or (2) any employee of DHS in
his/her official capacity, or (3) any employee of DHS in his/her
individual capacity where DOJ or DHS has agreed to represent the
employee, or (4) the United States or any agency thereof, is a party to
the litigation or has an interest in such litigation.
(n) Reunification of Families: To a Federal or State law
enforcement authority, or agency, or other entity authorized to
investigate and/or coordinate locating missing children and/or
reuniting families.
(o) Voting: To State and local government election authorities to
oversee the voting process within their respective State/county/parish,
for the limited purpose of ensuring voting rights of individuals who
have applied to FEMA for Disaster Assistance, limited to their own
respective State's/county's/parish's citizens who are displaced by a
Presidentially-declared major disaster or emergency out of their State/
county/parish voting jurisdiction.
DISCLOSURE TO CONSUMER REPORTING AGENCIES:
Disclosure under 5 U.S.C. 552a(b)(12): FEMA may make disclosures
from this system to consumer reporting agencies' as defined in the Fair
Credit Reporting
[[Page 38411]]
Act, 15 U.S.C. Section 1681a(f), or the Debt Collection Act of 1982, 31
U.S.C. Section 3711(e).
POLICIES AND PRACTICES FOR STORING, RETRIEVING, ACCESSING, RETAINING,
AND DISPOSING OF RECORDS IN THE SYSTEM:
STORAGE:
Interactive database, computer discs, and paper records in file
folders.
RETRIEVABILITY:
By an individual's name, address, social security number, and case
file number.
SAFEGUARDS:
Only authorized individuals and FEMA employees have access to this
information. Hardware and software computer security measures are used
to control access to the data. Access to the data is based upon an
individual's position in FEMA and/or their designated duties.
Individuals are assigned specific ``rights'' or specific access (e.g.,
read only, modify, delete, etc.). The access granted is based upon an
individual's position responsibilities for ``official use'' only. FEMA
employees are allowed access to the data as a function of their
specific job assignments within their respective organizations. Each
FEMA employee's access to the data is restricted to that needed to
carry out their duties.
No individual applying for disaster assistance will have access to
the entire database via the Internet. Applicants will have limited
access to only their own information that they submitted via the
Internet, and to the status of their own information regarding the
processing of their own application (e.g. the status of required
documentation, inspection status, or SBA status). Applicants are
provided a Logon id, password, and Personal Identification Number (PIN)
that connect only to the applicant's data. The password and PIN ensures
that the login id belongs to the applicant. Computer security software
ensures that the login id is mapped only to the applicant's data.
Applicants will have access to only their own application information
after FEMA assigns them a properly authenticated user id, password, and
PIN. Applicants will be registered and authenticated in accordance with
National Institute of Standards and Technology Level 2 Assurance
guidelines.
RETENTION AND DISPOSAL:
Records covered by paragraphs (a) through (d) are covered by
Records Schedule N1-311-86-1 4C10a and are destroyed after 6 years and
3 months. Records covered by paragraph (e) are covered by Records
Schedules N1-311-86-1 4C7 and/or N1-311-86-1 4C10b and are destroyed 3
years after closeout.
SYSTEM MANAGER(S) AND ADDRESS:
Division Director, Recovery Division, FEMA, 500 C Street SW.,
Washington, DC 20472 and applicable Regional Directors, as listed in
Appendix A(1).
NOTIFICATION PROCEDURE:
Requests for Privacy Act protected information generally are
governed by DHS regulations found at 6 CFR part 5 and FEMA's
regulations at 44 CFR part 6. They must be made in writing, and clearly
marked as a ``Privacy Act Request'' on the envelope and letter. The
name of the requester, the nature of the record sought, and the
verification of identity must be clearly indicated, as required by DHS
regulation 6 CFR 5.21 and FEMA regulation at 44 CFR 6.30. Requests may
also be sent to: Privacy Act Officer, DHS/FEMA Office of General
Counsel (GL), Room 840, 500 C Street, SW., Washington, DC 20472.
RECORD ACCESS PROCEDURES:
Same as the Notification Procedure above.
CONTESTING RECORD PROCEDURE:
Same as the 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 pursuant to DHS Privacy Act regulations at 6 CFR part 5 and
FEMA regulations at 44 CFR part 6.
RECORD SOURCE CATEGORIES:
Applicants for disaster recovery assistance, credit rating bureaus,
financial institutions, insurance companies, and state, local and
voluntary agencies providing disaster relief, commercial databases (for
verification purposes).
EXEMPTIONS CLAIMED FOR THE SYSTEM:
None.
Dated: June 30, 2006.
Maureen Cooney,
Acting Chief Privacy Officer.
Appendix A (1)--Addresses for FEMA Regional Offices
Region I--Regional Director, FEMA, 99 High Street, 6th Floor,
Boston, MA 02110;
Region II--Regional Director, FEMA, 26 Federal Plaza, New York, NY
10278-0002;
Region III--Regional Director, FEMA, One Independence Mall, 615
Chestnut Street, Philadelphia, PA 19106-4404;
Region IV--Regional Director, FEMA, 3003 Chamblee-Tucker Road,
Atlanta, GA 30341;
Region V--Regional Director, FEMA, 536 S. Clark Street, Chicago, IL
60605;
Region VI--Regional Director, FEMA, Federal Center, 800 North Loop
288 Denton, TX 76209;
Region VII--Regional Director, FEMA, 2323 Grand Boulevard, Kansas
City, MO 64108-2670;
Region VIII--Regional Director, FEMA, Denver Federal Center,
Building 710, Box 25267, Denver, CO 80225-0267;
Region IX--Regional Director, FEMA, 1112 Broadway St. Oakland, CA
94607;
Region X--Regional Director, FEMA, Federal Regional Center, 130
228th Street, SW., Bothell, WA 98021-9796.
[FR Doc. E6-10640 Filed 7-5-06; 8:45 am]
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