[Federal Register Volume 78, Number 225 (Thursday, November 21, 2013)]
[Notices]
[Pages 69858-69861]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2013-27897]
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DEPARTMENT OF HOMELAND SECURITY
Office of the Secretary
[Docket No. DHS-2013-0077]
Privacy Act of 1974; Department of Homeland Security/Federal
Emergency Management Agency--001 National Emergency Family Registry and
Locator System (NEFRLS) System of Records
AGENCY: Department of Homeland Security, Privacy Office.
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 locations after a Presidentially-declared
emergency or disaster. As a result of a biennial review of this system,
this system of records notice has been updated as follows: (1) The
security classification has changed to reflect that the system is
sensitive but unclassified; and (2) the language in routine uses ``A,''
``C,'' and ``E'' has been revised for clarity. Additionally, this
notice includes non-substantive changes to simplify the formatting and
text of the previously published notice. This updated system will be
included in the Department of Homeland Security's inventory of record
systems.
DATES: Submit comments on or before December 23, 2013. This updated
[[Page 69859]]
system will be effective December 23, 2013.
ADDRESSES: You may submit comments, identified by docket number DHS-
2013 0077 by one of the following methods:
Federal e-Rulemaking Portal: http://www.regulations.gov.
Follow the instructions for submitting comments.
Fax: (202) 343-4010.
Mail: Karen L. Neuman, 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:
Eric M. Leckey, (202) 212-5100, Privacy Officer, Federal Emergency
Management Agency, 500 C Street SW., Washington, DC 20475. For privacy
issues please contact: Karen L. Neuman, (202) 343-1717, Acting 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 System (NEFRLS) System of Records.''
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, Pub. 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. Though the primary function of the NFERLS is to
reunify families, anyone who may have trouble locating a family member
during a disaster is welcome to register. NEFRLS is a nationally
accessible and web-based system that allows adults, including medical
patients, who have been displaced by a disaster or emergency to
voluntarily enter personal information into a database to assist with
the reunification process. Registrants can select who can view their
personal information.
The DHS/FEMA NEFRLS System of Records also collects information
from law enforcement officials (LEO) who use the system when responding
to a missing persons report. The information FEMA collects from LEOs
facilitates identity verification and their status as a member of law
enforcement.
As a result of the biennial review, DHS/FEMA is updating records
within the classification category to be sensitive but unclassified,
rather than unclassified. While the system of records still remains
unclassified, the update accurately reflects the sensitivity of the
records as it involves the location data of displaced individuals.
This updated notice clarifies three routine uses. This notice
updates routine use ``A'' to apply when DHS employees or former
employees are involved in litigation; routine use ``C'' to include
disclosure to the General Services Administration; and routine use
``E'' to clarify the language.
The DHS/FEMA--001 NEFRLS System of Records allows limited access to
three groups of individuals. The groups are: (1) Registrants: Displaced
adults or children registered in the system; (2) searchers: Individuals
who are searching for family or household members who registered in the
system; and (3) FEMA NEFRLS Administrators: FEMA personnel who have
limited access to records for the purpose of sharing registrants'
information with LEOs pursuant to an official missing persons report.
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 federal government
agencies collect, maintain, use, and disseminate 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 from 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 when systems of records
maintain information on U.S. citizens, lawful permanent residents, and
visitors.
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
Department of Homeland Security (DHS)/Federal Emergency Management
Agency (FEMA)--001.
System name:
DHS/FEMA--001 National Emergency Family Registry and Locator System
(NEFRLS) System of Records.
Security classification:
Sensitive but unclassified.
System location:
Records are maintained at FEMA Headquarters in Washington, DC and
field offices.
Categories of individuals covered by the system:
Categories of individuals covered by the system include:
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 traveling with
the registrant or who lived in the pre-disaster residence immediately
preceding the disaster; searchers who are searching for missing family
or household members; and federal, state, local, tribal, territorial,
international, or foreign law enforcement officials (LEO) 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 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 (DHS/FEMA
maintains the fact of the authentication, but the answers to the
questions provided to the
[[Page 69860]]
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;
Email;
Date of Birth;
Identity Authentication Approval or Nonapproval (DHS/FEMA
maintains the fact of the authentication, 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 Email;
Supervisor Name;
Supervisor Contact Number;
Supervisor Contact Email;
Agency City;
Agency County/Parish;
Agency State; and
Verification Data.
Authority for maintenance of the system:
Section 689c of the Post-Katrina Emergency Management Reform Act of
2006 (6 U.S.C. 775); 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.
Families using NEFRLS, registrants, and searchers must acknowledge that
information in NEFRLS may be disclosed to searchers upon request.
Information may also be disclosed to federal, state, local, tribal,
territorial, international, or foreign agencies, LEO, and 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 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 relevant or 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 or former employee of DHS in his/her official
capacity;
3. Any employee or former employee of DHS in his/her individual
capacity when DOJ or DHS has agreed to represent the employee; or
4. The United States or any agency thereof.
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
General Services Administration pursuant to records management
inspections being conducted under the authority of 44 U.S.C. 2904 and
2906.
D. To an agency or organization 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 identity theft or fraud, harm
to economic or property interests, harm to an individual, or harm to
the security or integrity of this system or other systems or programs
(whether maintained by DHS or another agency or entity) 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, when 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.
[[Page 69861]]
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, and digital media.
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 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 whose contact
information can be found at http://www.dhs.gov/foia under ``Contacts.''
If an individual believes more than one component maintains Privacy Act
records concerning him or her, the individual may submit the request to
the Chief Privacy Officer and Chief Freedom of Information Act Officer,
Department of Homeland Security, 245 Murray Drive SW., Building 410,
STOP-0655, Washington, DC 20528.
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:
Explain 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; and
Specify when you believe the records were created.
Provide any other information that will help the FOIA staff
determine which DHS component agency may have responsive records. 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 the NEFRLS, LEOs, and the third party authentication service
indicating an individual has been approved or not approved.
Exemptions claimed for the system:
None.
Dated: November 6, 2013.
Karen L. Neuman,
Chief Privacy Officer, Department of Homeland Security.
[FR Doc. 2013-27897 Filed 11-20-13; 8:45 am]
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