FEMA denies Black Caucus request for list of names

The Louisiana Legislative Black Caucus is giving the Federal Emergency Management Agency up to 10 days to release the names and locations of about 525,000 displaced Louisiana residents.
A letter dated Nov. 9, endorsed by 18 Black Caucus members from southeastern Louisiana, was sent to FEMA Acting Director R. David Paulson. The letter requested personal data for displaced constituents, including the phone numbers and addresses.
According to Suchitra J. Satpathi, executive director of the caucus, only a formal request has been made, but a lawsuit has not been ruled out.
“Only FEMA knows where the people are who have received assistance from them,” Satpathi said. “We’d like to know too.”
Officials from FEMA said the decision was not up to them not to release the names. FEMA Spokeswoman Nicol Andrews said the Privacy Act of 1974 restricts the agency from such disclosure.
“Basically, FEMA is precluded by the federal government in releasing the personal information of the displaced victims that we serve. And that applies to every disaster (victim), not just this one.
According to the U.S. Department of Justice, the Freedom of Information Act “applies only to federal agencies and does not create a right of access to records held by Congress, the courts, or by state or local government agencies.” It also says every state has its own public access laws.
The caucus contends the act has exemptions that allow legislators to gain access to information regarding their displaced constituency.
The caucus, chaired by State Representative Cedric Richmond, D-New Orleans, says it wants the information so legislators can correspond with constituents and notify them of any decisions being made during the Extraordinary Legislative Session.
“We think it’s unconstitutional that FEMA can come in and not disclose the whereabouts to the people who are elected to protect them,” Richmond said.
Andrews said FEMA would be glad to help state legislators in finding displaced constituents, but the law has to be obeyed.
“We’d be happy to work with them, but we’re just not allowed to relay information to them,” Andrews said. “This applies across the board. We can’t even do that for the FBI.
“We will just have to work together within the confines of the law. And once we’ve reviewed all of the documents (sent by the caucus), we will be making recommendations,” Andrews said.
FEMA has also indirectly become the state’s absentee voter coordinator.
Instead of allowing the Secretary of State’s office to locate its own displaced voters, FEMA will mail out flyers to all relocated Louisiana residents.
The flyers are intended to inform applicants of voting rights and scheduled elections for the municipalities from where they are displaced.
Jennifer Marusak, confidential assistant to Secretary of State Al Ater, said the flyer information was sent to the state Attorney General’s office and the U.S. Department of Justice on Thursday morning.
“We estimate for it not to take longer than a week (to review the information),” Marusak said. “We’re a week away from sending it to FEMA and then to the applicants.”
According to Marusak, FEMA may also rescind their decision to not assist the secretary of state’s office in funding public service announcements notifying displaced residents of their voting rights.
“They (FEMA) called,” Marusak said. “They may be funding it.”
The agency denied an initial request for the PSAs, which are initially planned to air in communities containing a high populace of evacuees. Marusak said several celebrities had agreed to speak in radio and TV spots.