[Federal Register Volume 74, Number 184 (Thursday, September 24, 2009)]
[Notices]
[Pages 48767-48771]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E9-23018]
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DEPARTMENT OF HOMELAND SECURITY
Office of the Secretary
[Docket No. DHS-2009-0113]
Privacy Act of 1974; Federal Emergency Management Agency--001
National Emergency Family Registry and Locator System System of Records
AGENCY: Privacy Office, DHS.
[[Page 48768]]
ACTION: Notice of Privacy Act system of records.
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SUMMARY: Pursuant to the Post-Katrina Emergency Management Reform Act
of 2006, and the Privacy Act of 1974, as amended, the Department of
Homeland Security is giving notice that the Federal Emergency
Management Agency, Disaster Assistance Directorate, Individual
Assistance Branch, Emergency Support Function 6-Mass Care section, is
establishing a new system of records entitled the Federal Emergency
Management Agency--001 National Emergency Family Registry and Locator
System.
This system of records will enable the Federal Emergency Management
Agency to provide a nationally accessible electronic system that will
allow adults displaced from their homes or pre-disaster location after
a Presidentially-declared emergency or disaster to voluntarily register
themselves, and to identify up to seven family or household members
they agree to allow access to their personal identifying information
that may potentially include their current location or a special
message to an identified individual. The Federal Emergency Management
Agency's system will allow two groups of individuals limited
information for the purpose of reuniting them: (1.) Registrants:
displaced individuals registered in the system; and (2.) searchers:
individuals who are searching for family or household members. Those
registering in the system or those seeking displaced family or
household members can access the system via the Internet at https://asd.fema.gov/inter/nefrls/home.htm or by telephone via toll-free number
1-800-588-9822.
DATES: Submit comments on or before October 26, 2009. This new system
will be effective October 26, 2009.
ADDRESSES: You may submit comments, identified by DHS-2009-0113 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:
Larry Gary, Privacy Officer, Federal Emergency Management Agency,
Federal Emergency Management Agency, 500 C Street, SW., Washington, DC
20472. For privacy issues please contact: Mary Ellen Callahan (703-235-
0780), Chief Privacy Officer, Privacy Office, U.S. Department of
Homeland Security, Washington, DC 20528.
SUPPLEMENTARY INFORMATION:
I. Background
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 the Federal Emergency Management Agency (FEMA) establish
the National Emergency Family Registry and Locator System (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.
Pursuant to the savings clause in the Homeland Security Act of
2002, Public Law 107-296, Section 1512, 116 Stat. 2310 (November 25,
2002), and in accordance with the Post-Katrina Emergency Management
Reform Act (PKEMRA) of 2006, Public Law 109-295, and the Privacy Act of
1974, as amended, the Department of Homeland Security (DHS) gives
notice that FEMA's, Disaster Assistance Directorate, Individual
Assistance Branch, Emergency Support Function 6-Mass Care section, is
establishing a new system of records entitled the ``Federal Emergency
Management Agency National Emergency Family Registry and Locator
System.''
This system of records will enable FEMA to provide a nationally
accessible electronic system that will allow adults, displaced from
their homes or pre-disaster location after a Presidentially-declared
emergency or disaster, to voluntarily register themselves, and to
identify up to seven family or household members they grant, in
writing, access to their personal identifying information. This
personal identifying information may potentially include their current
location or a special message to an identified individual. FEMA's
system will allow two groups of individuals limited access for the
purpose of reuniting them: (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.
This second group may or may not be displaced from their homes and may
or may not be registered in the system. A displaced individual or
``registrant'' is one whose pre-disaster primary residence is
uninhabitable or inaccessible as a direct result of a Presidentially-
declared emergency or disaster. A household member may be any person
who lived in the registrant's pre-disaster residence immediately
preceding the disaster.
As mandated in the statute authorizing this system, medical
patients who have been displaced due to a disaster or emergency will
also have access to and may voluntarily register in the system. A
medical patient includes an individual who receives medical care on a
daily basis by a licensed medical professional and/or has a pre-
disaster address in a hospital, field hospital, or nursing home.
Generally, this would not include an assisted living facility but may
also include on a case-by-case basis. Those registering in the system
or those seeking displaced family can access the system either
electronically via the Internet at https://asd.fema.gov/inter/nefrls/home.htm or by telephone via toll-free 1-800-588-9822.
II. Privacy Act
The Privacy Act embodies fair information principles in a statutory
framework governing the means by which the United States 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 personal
identifying information assigned to the individual. In the Privacy Act,
an individual is defined to encompass United States citizens and legal
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. Individuals may request access to their own records that are
maintained in a system of records in the possession or under the
control of DHS by complying with DHS Privacy Act regulations, 6 CFR
part 5.
[[Page 48769]]
The Privacy Act requires each agency to publish in the Federal
Register a description denoting the type and character of each system
of records that the agency maintains, and the routine uses that are
contained in each system in order to make agency record keeping
practices transparent, to notify individuals regarding the uses to
which personally identifiable information is put, and to assist
individuals to more easily find such files within the agency. Below is
the description of the ``Federal Emergency Management Agency National
Emergency Family Registry and Locator System'' system of records.
In accordance with 5 U.S.C. 552a(r), DHS has provided a report of
this new system of records to the Office of Management and Budget and
to Congress.
System of Records:
DHS/FEMA--001.
System name:
Federal Emergency Management Agency National Emergency Family
Registry and Locator System.
Security classification:
Unclassified.
System location:
Records are maintained at the Federal Emergency Management Agency
Headquarters in Washington, DC and field offices.
Categories of individuals covered by the system:
Categories of individuals covered by this system include:
Registrants (adult individual(s)) who have been displaced by a
Presidentially-declared disaster or emergency and who voluntarily
register in the National Emergency Family Registry and Locator System
system; 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).
Categories of records in the system:
Categories of records in this system include:
Information about the individual registering in the National
Emergency Family Registry and Locator System (``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 the National Emergency Family Registry and Locator System
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 the National Emergency
Family Registry and Locator System 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.
Authority for maintenance of the system:
The National Emergency Family Registry and Locator 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 the National Emergency Family Registry and Locator
System system of records, the registrant and searcher must acknowledge
that the information in National Emergency Family Registry and Locator
System may be disclosed to searchers upon request, to Federal agencies,
State and local governments as well as law enforcement or 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 United States
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 United States 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. sections
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:
[[Page 48770]]
1. DHS suspects or has confirmed that the security or
confidentiality of information in the system of records has been
compromised;
2. The Department 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, tribal, local, 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 Federal agencies; State, tribal and local governments;
Federal, State, and local law enforcement agencies; 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. Other agencies may include
other Federal agencies and non-governmental agencies with which FEMA
coordinates under the National Response Framework, which is an
integrated ``plan'' explaining how the Federal Government will interact
with and support State, local, tribal, and non-governmental entities
during a Presidentially-declared disaster or emergency. This may
include: The Office of Juvenile Justice and Delinquency Prevention,
Department of Health and Human Services, U.S. Department of Justice,
U.S. Federal Bureau of Investigation's Crimes Against Children's Unit,
Department of Justice U.S. Marshals Service, the American Red Cross,
and the National Emergency Child Locator Center.
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 (current and alternate),
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. Administrative 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. The system
maintains a real-time auditing function of individuals who access the
system.
Retention and disposal:
In accordance with the FEMA Records Schedule (FRS), the National
Archives, and Records Administration (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 3 years after the cutoff. Additionally, in compliance
with FRS, 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, 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, 500 C Street,
SW., Attn: FOIA Coordinator, Washington, DC 20472.
When seeking records about yourself from this system of records or
any other FEMA 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 Director,
Disclosure and FOIA, 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,
Specify when you believe the records would have been
created,
[[Page 48771]]
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 FEMA 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 by registrants for the National Emergency
Family Registry and Locator System, individuals searching the National
Emergency Family Registry and Locator System; and third party
authentication services indicating an individual has been approved or
not approved.
Exemptions claimed for the system:
None.
Dated: September 14, 2009.
Mary Ellen Callahan,
Chief Privacy Officer, Department of Homeland Security.
[FR Doc. E9-23018 Filed 9-23-09; 8:45 am]
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