[Code of Federal Regulations]
[Title 44, Volume 1]
[Revised as of October 1, 2003]
From the U.S. Government Printing Office via GPO Access
[CITE: 44CFR6.20]

[Page 49-50]
 
              TITLE 44--EMERGENCY MANAGEMENT AND ASSISTANCE
 
 CHAPTER I--FEDERAL EMERGENCY MANAGEMENT AGENCY, DEPARTMENT OF HOMELAND 
                                SECURITY
 
PART 6--IMPLEMENTATION OF THE PRIVACY ACT OF 1974--Table of Contents
 
                    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 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 rec ords; and (2) certification that the rec 
ords 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 The National Archives and Records Administration 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

[[Page 50]]

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.
    (l) To consumer reporting agencies as defined in the Fair Credit 
Reporting Act (35 U.S.C. 1681a(f) or the Debt Collection Act of 1982 (31 
U.S.C. 3711(d)(4)).

[44 FR 50293, Aug. 27, 1979, as amended at 48 FR 44543, Sept. 29, 1983; 
50 FR 40006, Oct. 1, 1985]