[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: 44CFR6.70]

[Page 54-55]
 
              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 E--Report on New Systems and Alterations of Existing Systems
 
Sec. 6.70  Reporting requirement.


    (a) No later than 90 calendar days prior to the establishment of a 
new system of records, the prospective system manager shall notify the 
Privacy Appeals Officer of the proposed new system. The prospective 
system manager shall include with the notification a completed FEMA Form 
11-2, System of Records Covered by the Privacy Act of 1974, and a 
justification for each system of records proposed to be established. If 
the Privacy Appeals Officer determines that the establishment of the 
proposed system is in the best interest of the Government, then no later 
than 60 calendar days prior to the establishment of that system of 
records, a report of the proposal shall be submitted by the Director or 
a designee thereof, to the President of the Senate, the Speaker of the 
House of Representatives, and the Administrator, Office of Information 
and Regulatory Affairs, Office of Management and Budget for

[[Page 55]]

their evaluation of the probable or potential effect of that proposal on 
the privacy and other personal or property rights of individuals.
    (b) No later than 90 calendar days prior to the alteration of a 
system of records, the system manager responsible for the maintenance of 
that system of records shall notify the Privacy Appeals Officer of the 
proposed alteration. The system manager shall include with the 
notification a completed FEMA Form 11-2. System of Records Covered by 
the Privacy Act of 1974, and a justification for each system of records 
he proposes to alter. If it is determined that the proposed alteration 
is in the best interest of the Government, then, the Director, or a 
designee thereof, shall submit, no later than 60 calendar days prior to 
the establishment of that alteration, a report of the proposal to the 
President of the Senate, the Speaker of the House of Representatives, 
and the Administrator, Office of Information and Regulatory Affairs, 
Office of Management and Budget for their evaluation of the probable or 
potential effect of that proposal on the privacy and other personal or 
property rights of individuals.
    (c) The reports required by this regulation are exempt from reports 
control.
    (d) The Administrator, Office of Information and Regulatory Affairs, 
Office of Management and Budget may waive the time requirements set out 
in this section upon a finding that a delay in the establishing or 
amending the system would not be in the public interest and showing how 
the public interest would be adversely affected if the waiver were not 
granted and otherwise complying with OMB Circular A-130.

[44 FR 50293, Aug. 27, 1979, as amended at 45 FR 17152, Mar. 18, 1980; 
51 FR 34604, Sept. 30, 1986]