

[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]

BILLING CODE 9110-10-P
