[Federal Register Volume 69, Number 219 (Monday, November 15, 2004)]
[Notices]
[Pages 65615-65618]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 04-25284]


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DEPARTMENT OF HOMELAND SECURITY

Federal Emergency Management Agency

RIN 1660-ZA05


Privacy Act Systems of Records; Amendment to Existing Routine 
Uses

AGENCY: Federal Emergency Management Agency (FEMA), Emergency 
Preparedness and Response Directorate, 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 intends to rename its 
system of records notice for FEMA/REG-2, Disaster Recovery Assistance 
Files, to acknowledge in the nomenclature that it is now part of DHS, 
that it proposes to revise the existing routine uses for this system to 
allow information sharing with voluntary agencies actively working in 
the open disaster and that it proposes to add new routine uses to 
provide notice about routine management and oversight information 
sharing. In addition, to reduce the burden on the public applying for 
disaster assistance, FEMA has proposed to allow the registration 
process to be done by individuals electronically over the Internet and 
is therefore revising its system notice to account for electronic 
records.

EFFECTIVE DATE: The amended system of records will be effective 
December 15, 2004, unless comments are received that result in a 
contrary determination. The amended system of records will be 
applicable to major disaster or emergencies declared on or after August 
13, 2004, unless comments are received that result in a contrary 
determination.

ADDRESSES: You may submit comments, identified by EPA DOCKET NUMBER 
DHS-2004-0014 and/or 1660-ZA05 by one of the following methods:
    <bullet> EPA Federal Partner EDOCKET Web Site: http://www.epa.gov/feddocket. Follow instructions for submitting comments on the Web site. 
DHS has joined the Environmental Protection Electronic Docket System 
(Partner EDOCKET). DHS and its agencies (excluding the United States 
Coast Guard (USCG) and Transportation Security Administration (TSA)) 
will use the EPA Federal Partner EDOCKET system. The USCG and TSA 
[legacy Department of Transportation (DOT) agencies] will continue to 
use the DOT Docket Management System until full migration to the 
electronic rulemaking federal docket management system occurs in 2005.
    <bullet> Federal e-Rulemaking Portal: http://www.regulations.gov. 
Follow the instructions for submitting comments.
    <bullet> Fax: (202) 646-4536.
    <bullet> Mail: Rules Docket Clerk, Federal Emergency Management 
Agency, Office of General Counsel, room 840, 500 C Street SW., 
Washington, DC 20472.

FOR FURTHER INFORMATION CONTACT: Rena Y. Kim, Privacy Act Officer, Room 
840, 500 C Street, SW., Washington, DC 20472; (telephone) (202) 646-
3949, or (e-mail) <a href="/cdn-cgi/l/email-protection#d183b4bfb0ff9ab8bc91b5b9a2ffb6bea7"><span class="__cf_email__" data-cfemail="ce9caba0afe085a7a38eaaa6bde0a9a1b8">[email protected]</span></a>.

SUPPLEMENTARY INFORMATION: Prior to March 1, 2003, FEMA was an 
independent agency within the Federal Government. While operating as an 
independent agency, FEMA published notices concerning its systems of

[[Page 65616]]

records. The system at issue in this notice was last published on 
October 9, 2001. 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 revise the routines uses and to add several new ones to its system 
of records entitled, FEMA/REG-2, Disaster Recovery Assistance Files. 
FEMA has amended the language in routine use (a) to allow information 
sharing with voluntary agencies actively working in the open disaster. 
FEMA also intends to add two new routine uses that allow for 
information sharing with other Federal and State agencies to enhance 
FEMA's ability to provide oversight and coordination of State 
activities and to ensure that the State performs and adheres to FEMA 
regulations and policy guidance. In addition, because FEMA became a 
part of DHS on March 1, 2003, FEMA is incorporating appropriate DHS 
routine uses as part of this system of records.
    FEMA altered its system of records and provided a report as 
required by 5 U.S.C. 552a(r). This change is to amend the language of 
routine use (a). This amendment will not change the type or amount of 
information collected from individuals who apply for disaster 
assistance. Finally, this notice will make the public aware of routine 
management and oversight information sharing between FEMA and other 
Federal agencies, State and local governments, and contractors 
providing services in support of the Individual Assistance program. 
Routine uses (d), (e), (f), and (g) allow us to disclose information 
from this system of records to Federal, State, and local governments in 
the course of providing disaster assistance and in creating and 
implementing emergency evacuation plans. In addition, to reduce the 
burden on the public applying for disaster assistance, FEMA is now 
making the registration process available by an additional means--
electronically via the Internet. In addition to filling out paper 
applications or calling in and applying over the telephone, individuals 
who wish to apply for disaster assistance can now also do so over the 
Internet.
    Accordingly, FEMA amends the Disaster Recovery Assistance Files of 
the FEMA Privacy Act system of records to read as follows:

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. Our proposed additional new method will 
allow applicants to apply for disaster recovery assistance over the 
Internet, and will reduce the paperwork burden on the public.

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, 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.

Routine uses of records maintained in the system, including categories 
of users and the purposes of such uses:
    (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 
permitted to alter or to further disclose our disclosed records to 
other disaster organizations. FEMA may make such disclosures under the 
following circumstances:

[[Page 65617]]

    (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) Routine Use--Investigations: 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.
    (h) Routine Use--Requesting Information: To a Federal, State, 
local, tribal, territorial, foreign, or international agency, if 
necessary to obtain information relevant to a DHS decision concerning 
the hiring or retention of an employee, the issuance of a security 
clearance, the reporting of an investigation of an employee, the 
letting of a contract, or the issuance of a license, grant or other 
benefit.
    (i) Routine Use--Requested Information: To a Federal, State, local, 
tribal, territorial, foreign, or international agency, in response to 
its request, in connection with the hiring or retention of an employee, 
the issuance of a security clearance, the reporting 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.
    (j) Routine Use--Congressional Inquiries: 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.
    (k) Routine Use--Private Relief Legislation: To OMB at any stage of 
the legislative coordination and clearance process set out in OMB 
Circular No. A-19.
    (l) Routine Use--National Archives and Records Administration: 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.
    (m) Routine Use--Audits and Oversight: To an agency, organization, 
or individual for the purposes of performing authorized audit or 
oversight operations.
    (n) Routine Use--Contractors, et al.: 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.
    (o) Routine Use--Debt Collection: 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.
    (p) Routine Use--Freedom of Information Act (FOIA) Discussions with 
Other Agencies Regarding DHS Documents and Vice Versa: To a Federal 
agency or entity that furnished the record or information for the 
purpose of permitting that agency or entity to make a decision 
regarding access to or correction of the record or information, or to a 
Federal agency or entity for purposes of providing guidance or advice 
regarding the handling of particular requests.

[[Page 65618]]

    (q) Routine Use--Litigation: 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.
    (r) Routine Use--Privacy Act Verification and Amendment: To a 
Federal, State, territorial, tribal, local, international, or foreign 
agency or entity for the purpose of consulting with that agency or 
entity (1) to assist in making a determination regarding access to or 
amendment of information, or (2) for the purpose of verifying the 
identity of an individual or the accuracy of information submitted by 
an individual who has requested access to or amendment of information.
    (s) Routine Use--Privacy Act/FOIA Access and Amendment: To the 
submitter or subject of a record or information to assist DHS in making 
a determination as to access or amendment.

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 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. 
Inquiries should be addressed to FEMA--Records Management, National 
Processing Service Center, P.O. Box 10055 Hyattsville, MD 20782-7055. 
Include the full name of the individual, the appropriate personal 
identification, and the current address. 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.

Exemptions Claimed For the System:
    None.

    Dated: November 9, 2004.
David A. Trissell,
General Counsel, Emergency Preparedness and Response, Department of 
Homeland Security.

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. 04-25284 Filed 11-12-04; 8:45 am]
BILLING CODE 9110-10-P


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