[Code of Federal Regulations]

[Title 44, Volume 1]

[Revised as of October 1, 2005]

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]