Federal Register, Volume 76 Issue 168 (Tuesday, August 30, 2011)

[Federal Register Volume 76, Number 168 (Tuesday, August 30, 2011)]
[Notices]
[Pages 53918-53921]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2011-22167]

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DEPARTMENT OF HOMELAND SECURITY

Office of the Secretary

[Docket No. DHS-2011-0045]

Privacy Act of 1974; Department of Homeland Security/Federal
Emergency Management Agency--001 National Emergency Family Registry and
Locator System of Records

AGENCY: Privacy Office, DHS.

ACTION: Notice of Privacy Act system of records.

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SUMMARY: In accordance with the Privacy Act of 1974, the Department of
Homeland Security proposes to update and reissue a current Department
of Homeland Security system of records titled, ``Department of Homeland
Security/Federal Emergency Management Agency--001 National Emergency
Family Registry and Locator System of Records.'' This system of records
allows the Department of Homeland Security/Federal Emergency Management
Agency to collect and maintain records on adults displaced from their
homes or pre-disaster location after a Presidentially-declared
emergency or disaster. This system of records has been updated to
include Law Enforcement Officials in categories of records,
individuals, routine uses, and record source categories. This updated
system will be included in the Department of Homeland Security's
inventory of record systems.

DATES: Submit comments on or before September 29, 2011. This new system
will be effective September 29, 2011.

ADDRESSES: You may submit comments, identified by docket number DHS-
2011-0045 by one of the following methods:
Federal e-Rulemaking Portal: http://www.regulations.gov.
Follow the instructions for submitting comments.
Fax: 703-483-2999.
Mail: Mary Ellen Callahan, Chief Privacy Officer, Privacy
Office, Department of Homeland Security, Washington, DC 20528.
Instructions: All submissions received must include the
agency name and docket number for this rulemaking. All comments
received will be posted without change to http://www.regulations.gov,
including any personal information provided.
Docket: For access to the docket to read background
documents or comments received go to http://www.regulations.gov.

FOR FURTHER INFORMATION CONTACT: For general questions please contact:
Dr. Lesia Banks, (202-212-4491), Acting Privacy Officer, Federal
Emergency Management Agency, 500 C Street, NW., Washington, DC 20475.
For privacy issues please contact: Mary Ellen Callahan (703-235-0780),
Chief Privacy Officer, Privacy Office, Department of Homeland Security,
Washington, DC 20528.

SUPPLEMENTARY INFORMATION:

I. Background

In accordance with the Privacy Act of 1974, 5 U.S.C. 552a, the
Department of Homeland Security (DHS) Federal Emergency Management
Agency (FEMA) proposes to update and reissue a current DHS/FEMA system
of records titled, ``DHS/FEMA-001 National Emergency Family Registry
and Locator (NEFRLS) System of Records,'' 74 FR 48767, September 29,
2009.
The DHS/FEMA NEFRLS System of Records collects information from Law
Enforcement Officials (LEOs) for the purpose of responding to a Missing
Persons Report. The information collected from LEOs is to facilitate
identity verification and their status as a member of law enforcement.
During Hurricane Katrina, displaced individuals experienced
numerous difficulties in reuniting with family members after the
disaster. As a result, Congress mandated in Section 689c of the Post-
Katrina Emergency Management Reform Act (PKEMRA) of 2006, Public Law
109-295, that FEMA establish NEFRLS. FEMA has the discretionary
authority to activate NEFRLS to help reunify families separated after
an emergency or disaster declared by the President as defined in the
Robert T. Stafford Disaster Relief and Emergency Assistance Act, 42
U.S.C. 5121-5207.
The collection of a LEO's indentifying information increased the
amount of identifying information collected and maintained by the DHS/
FEMA-001 NEFRLS System of Records. Information collected is stored on
FEMA secured servers, and/or stored in locked cabinets with secured
facility access controls.
Previously, the DHS/FEMA-001 NEFRLS System of Records only allowed
two groups of individuals limited access. The groups were: (1)
Registrants: displaced individuals registered in the system; and (2)
searchers: individuals who are searching for family or household
members who registered in the system. The DHS/FEMA-001 NEFRLS System of
Records now allows FEMA NEFRLS Administrators to have limited access to
records for the purpose of sharing registrants' information with LEOs
pursuant to an official missing persons report. This increases the
likelihood of reunifying family and friends displaced by a
Presidentially-declared emergency or disaster.

[[Page 53919]]

The following categories are being updated: Categories of
individuals is updated to clarify and specifically include LEOs;
Categories of Records is updated to include LEO indentifying
information (such as Badge Number) and LEO verification indicators;
Routine Uses is updated to clearly identify sharing with Federal,
state, local, tribal, territorial, international, or foreign LEOs; and
Records Source Categories is updated to include LEOs as a source.
This updated system will be included in DHS's inventory of record
systems.

II. Privacy Act

The Privacy Act embodies fair information practice principles in a
statutory framework governing the means by which the U.S. Government
collects, maintains, uses, and disseminates individuals' records. The
Privacy Act applies to information that is maintained in a ``system of
records.'' A ``system of records'' is a group of any records under the
control of an agency for which information is retrieved by the name of
an individual or by some identifying number, symbol, or other
identifying particular assigned to the individual. In the Privacy Act,
an individual is defined to encompass U.S. citizens and lawful
permanent residents. As a matter of policy, DHS extends administrative
Privacy Act protections to all individuals where systems of records
maintain information on U.S. citizens, lawful permanent residents, and
visitors.
Below is the description of the DHS/FEMA-001 NEFRLS System of
Records.
In accordance with 5 U.S.C. 552a(r), DHS has provided a report of
this system of records to the Office of Management and Budget and to
Congress.
SYSTEM OF RECORDS

DHS/FEMA-001

System name:
DHS/FEMA-001 National Emergency Family Registry and Locator System
(NEFRLS) System of Records.

Security classification:
Unclassified.

System location:
Records are maintained at FEMA Headquarters in Washington, DC and
field offices.

Categories of individuals covered by the system:
Registrants (adult individual(s)) who have been displaced by a
Presidentially-declared disaster or emergency and who voluntarily
register in NEFRLS; family or household members who are travelling with
the registrant or who lived in the pre-disaster residence immediately
preceding the disaster; and searchers who are searching for missing
family or household members.
Searchers are permitted to view personal information and/or
messages of certain registrant(s) upon designation by the
registrant(s).
Federal, state, local, tribal, territorial, international, or
foreign Law Enforcement Officials (LEOs) that are searching for missing
persons that may have been displaced by a Presidentially-declared
disaster or emergency pursuant to an Official Missing Persons Report.

Categories of records in the system:
Information about the individual registering in NEFRLS as a
registrant consists of:
Authenticated Individual's Full Name;
Date of Birth;
Gender;
Current Phone;
Alternate Phone;
Current Address;
Pre-Disaster Address;
Name and Type of Current Location; (i.e. shelter, hotel,
or family/friend's home);
Traveling with Pets (Yes or No);
Identity Authentication Approval or Nonapproval (the fact
of the authentication is maintained, but the answers to the questions
provided to the third party organization are not maintained by DHS/
FEMA);
System Specific Username and Password; and
Personal Message (may consist of up to 300 characters
intended for designated family or household members to read).
Information about the family/household members traveling with the
registrant in NEFRLS consists of:
Family/Household Members' Full Name;
Gender;
Current Phone;
Alternate Phone;
Current Address;
Pre-Disaster address;
Name and type of current location; (i.e., shelter, hotel,
or family/friend's home);
Traveling with Pets (Yes or No);
Personal Message: (may consist of up to 300 characters for
listed, designated family, or household members to read.)
Information about the individual searching NEFRLS for a registrant
or family/household member (searcher) consists of:
Searching Individual's Full Name;
Permanent Address;
Phone;
Alternate Phone;
E-mail;
Date of Birth;
Identity Authentication Approval or Nonapproval (the fact
of the authentication is maintained, but the answers to the questions
provided to the third party organization are not maintained by DHS/
FEMA); and
System Specific Username and Password.
Information about a LEO collected by a FEMA NEFRLS Administrator
for verification and status:
Law Enforcement Official's Title;
First Name;
Last Name;
Gender;
Badge number/Law Enforcement License ID Number;
Agency Name;
City;
County/Parish;
State;
Zip Code;
Contact Phone;
Contact E-mail;
Supervisor Name;
Supervisor Contact Number;
Supervisor Contact E-mail;
Agency City;
Agency County/Parish;
Agency State; and
Verification Data. The verification process below
indicates that there is a confirmed box to be checked for successful
verification.

Authority for maintenance of the system:
Section 689c of the Post-Katrina Emergency Management Reform Act of
2006, Public Law 109-295 and the Robert T. Stafford Disaster Relief and
Emergency Assistance Act, as amended, 42 U.S.C. 5121-5207.

Purpose(s):
The purpose of this system is to reunify families and household
members following a Presidentially-declared disaster or emergency. To
families using NEFRLS, the registrant, and searcher must acknowledge
that the information in NEFRLS may be disclosed to searchers upon
request, to Federal, state, local, tribal, territorial, international,
or foreign agencies including LEO as well as voluntary agencies.

Routine uses of records maintained in the system, including categories
of users and the purposes of such uses:
In addition to those disclosures generally permitted under 5 U.S.C.
552a(b) of the Privacy Act, all or a portion of the records or
information contained in this system may be

[[Page 53920]]

disclosed outside DHS as a routine use pursuant to 5 U.S.C. 552a(b)(3)
as follows:
A. To the Department of Justice (DOJ), including U.S. Attorney
Offices, or other Federal agency conducting litigation or in
proceedings before any court, adjudicative or administrative body, when
it is necessary to the litigation and one of the following is a party
to the litigation or has an interest in such litigation:
1. DHS or any component thereof;
2. Any employee of DHS in his/her official capacity;
3. Any employee of DHS in his/her individual capacity where DOJ or
DHS has agreed to represent the employee; or
4. The U.S. or any agency thereof, is a party to the litigation or
has an interest in such litigation, and DHS determines that the records
are both relevant and necessary to the litigation and the use of such
records is compatible with the purpose for which DHS collected the
records.
B. 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.
C. To the National Archives and Records Administration (NARA) or
other Federal government agencies pursuant to records management
inspections being conducted under the authority of 44 U.S.C. 2904 and
2906.
D. To an agency, organization, or individual for the purpose of
performing audit or oversight operations as authorized by law, but only
such information as is necessary and relevant to such audit or
oversight function.
E. To appropriate agencies, entities, and persons when:
1. DHS suspects or has confirmed that the security or
confidentiality of information in the system of records has been
compromised;
2. DHS has determined that as a result of the suspected or
confirmed compromise there is a risk of harm to economic or property
interests, identity theft or fraud, or harm to the security or
integrity of this system or other systems or programs (whether
maintained by DHS or another agency or entity) or harm to the
individual that rely upon the compromised information; and
3. The disclosure made to such agencies, entities, and persons is
reasonably necessary to assist in connection with DHS's efforts to
respond to the suspected or confirmed compromise and prevent, minimize,
or remedy such harm.
F. To contractors and their agents, grantees, experts, consultants,
and others performing or working on a contract, service, grant,
cooperative agreement, or other assignment for DHS, when necessary to
accomplish an agency function related to this system of records.
Individuals provided information under this routine use are subject to
the same Privacy Act requirements and limitations on disclosure as are
applicable to DHS officers and employees.
G. To an appropriate Federal, state, local, tribal, territorial,
international, or foreign law enforcement agency or other appropriate
authority charged with investigating or prosecuting a violation or
enforcing or implementing a law, rule, regulation, or order, where a
record, either on its face or in conjunction with other information,
indicates a violation or potential violation of law, which includes
criminal, civil, or regulatory violations and such disclosure is proper
and consistent with the official duties of the person making the
disclosure.
H. To appropriate authorized Federal, state, local, tribal,
territorial, international, or foreign law enforcement officers charged
with investigating the whereabouts or locating missing persons.
I. To the National Center for Missing and Exploited Children and
voluntary organizations as defined in 44 CFR 206.2(a)(27) 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,
or are participating in the disaster's Long-Term Recovery Committee for
the express purpose of reunifying families.
J. To Federal, state, local, tribal, territorial, international, or
foreign agencies that coordinate with FEMA under the National Response
Framework (an integrated plan explaining how the Federal government
will interact with and support state, local, tribal, territorial, and
non-governmental entities during a Presidentially-declared disaster or
emergency) for the purpose of assisting with the investigation on the
whereabouts of or locating missing persons.

Disclosure to consumer reporting agencies:
None.

Policies and practices for storing, retrieving, accessing, retaining,
and disposing of records in the system:
Storage:
Records in this system are stored electronically or on paper in
secure facilities in a locked drawer behind a locked door. The records
are stored on magnetic disc, tape, digital media, and CD-ROM.

Retrievability:
Records may be retrieved by name, address, and phone number of the
individual registering or searching in the National Emergency Family
Registry and Locator System.

Safeguards:
Records in this system are safeguarded in accordance with
applicable rules and policies, including all applicable DHS automated
systems security and access policies. Strict controls have been imposed
to minimize the risk of compromising the information that is being
stored. Access to the computer system containing the records in this
system is limited to those individuals who have a need to know the
information for the performance of their official duties and who have
appropriate clearances or permissions.

Retention and disposal:
In accordance with the FEMA Records Schedule (FRS) and NARA
Disposition Authority number N1-311-09-1, records and reports related
to and regarding registrations and searchers in NEFRLS performed by a
displaced person, Call Center Operator on behalf of a displaced person,
or family and friends will be cut off 60 days after the last edit to
the record and destroyed/deleted three years after the cutoff.
Additionally, in compliance with FRS and NARA Disposition Authority
number N1-311-04-5, Item 3, records in this system associated with a
domestic catastrophic event will have permanent value. A catastrophic
event may be any natural or manmade incident, including terrorism,
which results in extraordinary levels of mass casualties, damage, or
disruption severely affecting the population, infrastructure,
environment, economy, national morale, and/or government functions. A
catastrophic event could result in sustained national impacts over a
prolonged period of time; almost immediately exceeds resources normally
available to state, local, tribal, territorial and private-sector
authorities in the impacted area; and significantly interrupts
governmental operations and emergency services to such an extent

[[Page 53921]]

that national security could be threatened.

System Manager and address:
Deputy Director, Individual Assistance, Disaster Assistance
Directorate, Federal Emergency Management Agency, 500 C Street, SW.,
Washington, DC 20472.

Notification procedure:
Individuals seeking notification of and access to any record
contained in this system of records, or seeking to contest its content,
may submit a request in writing to FEMA's FOIA Officer, 500 C Street,
SW., Attn: FOIA Coordinator, Washington, DC 20472.
When seeking records about yourself from this system of records or
any other Departmental system of records your request must conform with
the Privacy Act regulations set forth in 6 CFR part 5. You must first
verify your identity, meaning that you must provide your full name,
current address and date and place of birth. You must sign your
request, and your signature must either be notarized or submitted under
28 U.S.C. 1746, a law that permits statements to be made under penalty
of perjury as a substitute for notarization. While no specific form is
required, you may obtain forms for this purpose from the Chief Privacy
Officer and Chief Freedom of Information Act Officer, http://www.dhs.gov or 1-866-431-0486. In addition you should provide the
following:
An explanation of why you believe the Department would
have information on you;
Identify which component(s) of the Department you believe
may have the information about you;
Specify when you believe the records would have been
created;
Provide any other information that will help the FOIA
staff determine which DHS component agency may have responsive records;
and
If your request is seeking records pertaining to another
living individual, you must include a statement from that individual
certifying his/her agreement for you to access his/her records.
Without this bulleted information the component(s) may not be able
to conduct an effective search, and your request may be denied due to
lack of specificity or lack of compliance with applicable regulations.

Record access procedures:
See ``Notification procedure'' above.

Contesting record procedures:
See ``Notification procedure'' above.

Record source categories:
Records are obtained from registrants of NEFRLS and individuals
searching NEFRLS, LEOs, and the third party authentication service
indicating an individual has been approved or not approved.

Exemptions claimed for the system:
None.

Dated: July 25, 2011.
Mary Ellen Callahan,
Chief Privacy Officer, Department of Homeland Security.
[FR Doc. 2011-22167 Filed 8-29-11; 8:45 am]
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