Privacy Act of 1974; System of Records
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Issuing agencies
Abstract
In accordance with the Privacy Act of 1974, the Department of Homeland Security (DHS) proposes to modify and reissue a current DHS system of records titled, "Department of Homeland Security/Federal Emergency Management Agency-011 Training and Exercise Program Records System of Records." This system of records allows DHS/Federal Emergency Management Agency (FEMA) to collect from and maintain records on current and former FEMA employees and contractors, current and former members of the first responder and emergency management communities, and other individuals who have applied or registered to participate in training and exercise programs or who have assisted with FEMA's training and exercise programs. DHS/FEMA is updating this system of records notice (SORN) to include: (1) Modifying system location; (2) supplementing legal authorities; (3) clarifying the purpose of the SORN; (4) expanding the categories of records; (5) clarifying the sources of records; (6) revising the routine uses; and (7) adjusting the retention and disposal schedule of records. 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 DHS's inventory of record systems.
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<title>Federal Register, Volume 87 Issue 199 (Monday, October 17, 2022)</title>
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[Federal Register Volume 87, Number 199 (Monday, October 17, 2022)]
[Notices]
[Pages 62872-62877]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2022-22450]
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DEPARTMENT OF HOMELAND SECURITY
[Docket No. FEMA-2022-0028]
Privacy Act of 1974; System of Records
AGENCY: Federal Emergency Management Agency, Department of Homeland
Security.
ACTION: Notice of a modified system of records.
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SUMMARY: In accordance with the Privacy Act of 1974, the Department of
Homeland Security (DHS) proposes to modify and reissue a current DHS
system of records titled, ``Department of Homeland Security/Federal
Emergency Management Agency-011 Training and Exercise Program Records
System of Records.'' This system of records allows DHS/Federal
Emergency Management Agency (FEMA) to collect from and maintain records
on current and former FEMA employees and contractors, current and
former members of the first responder and emergency management
communities, and other individuals who have applied or registered to
participate in training and exercise programs or who have assisted with
FEMA's training and exercise programs. DHS/FEMA is updating this system
of records notice (SORN) to include: (1) Modifying system location; (2)
supplementing legal authorities; (3) clarifying the purpose of the
SORN; (4) expanding the categories of records; (5) clarifying the
sources of records; (6) revising the routine uses; and (7) adjusting
the retention and disposal schedule of records. 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 DHS's inventory of record systems.
DATES: Submit comments on or before November 16, 2022. This modified
system will be effective upon publication. New or modified routine uses
will be effective November 16, 2022.
ADDRESSES: You may submit comments, identified by docket number FEMA-
2022-0028 by one of the following methods: Federal e-Rulemaking Portal:
<a href="https://www.regulations.gov">https://www.regulations.gov</a>. Follow the instructions for submitting
comments. Fax: 202-343-4010. Mail: Lynn Parker Dupree, Chief Privacy
Officer, Privacy Office, U.S. Department of Homeland Security,
Washington, DC 20528-0655.
Instructions: All submissions received must include the agency name
and docket number FEMA-2022-0028. All comments received will be posted
without change to <a href="https://www.regulations.gov">https://www.regulations.gov</a>, including any personal
information provided.
Docket: For access to the docket to read background documents or
comments received, go to <a href="https://www.regulations.gov">https://www.regulations.gov</a>.
FOR FURTHER INFORMATION CONTACT: For general questions, please contact:
Tammi Hines, (202) 212-5100, Senior Director for Information
Management, Federal Emergency Management Agency, Department of Homeland
Security, Washington, DC 20472. For privacy questions, please contact:
Lynn Parker Dupree, (202) 343-1717, <a href="/cdn-cgi/l/email-protection#afffddc6d9ceccd6efc7de81cbc7dc81c8c0d9"><span class="__cf_email__" data-cfemail="21715348574042586149500f4549520f464e57">[email protected]</span></a>, Chief Privacy
Officer, Privacy Office, U.S. Department of Homeland Security,
Washington, DC 20528-0655.
SUPPLEMENTARY INFORMATION:
I. Background
In accordance with the Privacy Act, this modified system of records
notice is being published because the Federal Emergency Management
Agency (FEMA) collects, maintains, uses, retrieves, and disseminates
personally identifiable information of individuals who participate in a
wide range of training and exercise programs for its employees and
contractors as well as its partners in the first responder, emergency
management, and flood insurance communities, including personnel from
federal, state, local, tribal, territorial, foreign, or international
government agencies.
[[Page 62873]]
Partners and participants in FEMA trainings often include fire,
medical, emergency management, and law enforcement professionals;
nongovernmental and volunteer disaster relief organizations; and
private sector professionals such as flood insurance representatives.
FEMA programs that sponsor and provide this type of training include
the National Training and Education Division, including the Emergency
Management Institute (EMI) and the Center for Domestic Preparedness
(CDP), the National Processing Service Centers, the United States Fire
Administration (USFA), the Federal Insurance Mitigation Administration
(FIMA) and Mission Support (MS). These programs train participants on
situational awareness and emergency management skills necessary to
effectively prevent, respond to, recover from, and mitigate all
hazards.
FEMA established this system of records in order to collect and
maintain personally identifiable information (PII) on individuals who
apply, register for, or participate in FEMA training and exercise
programs and information on individuals who are points of contact or
representatives for the organizations employing or sponsoring these
individuals applying or registering for or attending FEMA trainings.
FEMA uses this information to facilitate an individual's participation
and determine eligibility for training, housing, and stipend
reimbursement programs. FEMA also uses this information to compile
statistical information and to administer and measure effectiveness of
FEMA training and exercise programs. FEMA uses sensitive information to
ensure accuracy of academic records, reimburse funds to registered
students, and to distinguish the identity of individuals with identical
names and birth dates. The type and amount of PII FEMA collects varies
depending on the programs. FEMA collects this information through paper
forms and electronically through information technology (IT) systems.
FEMA updates the following categories within this system of
records:
First, the system location is being modified to include records
maintained at CDP Headquarters in Anniston, Alabama and housed within
the Center for Domestic Preparedness Training Infrastructure (CDP-TI)
system and records housed within the United States Fire Administration
Learning Management System (USFA-LMS).
Second, the legal authorities are being supplemented to include the
Post-Katrina Emergency Management Reform Act (PKEMRA) and Occupational
Safety and Health Administration [OSHA] Personal Protective Equipment
(No. 1910.134).
Third, the purpose of the system is being clarified to include
assessment of the health and fitness of individuals participating in
training exercises. FEMA needs to collect medical capability and
physical fitness information for respiratory safety and Occupation
Safety and Health Administration (OSHA) compliance.
Fourth, new categories of records are being expanded to include
FEMA student identifier (FEMASID), formal education level, military
experience, past medical history, body composition, experience with
respirators, cardiac and respiratory assessment, hearing and vision
assessment, musculoskeletal assessment, pregnancy history, and
medication list. FEMA collects formal education level from individuals
when they request training or complete course evaluations. FEMA
collects military experience (yes/no) to enable CDP to assess any
underlying conditions that may not be apparent to the applicant. For
instance, military personnel may have been exposed to toxic agent/harsh
environments that may impact their respiratory system. This is a
required question under OSHA App C. The remaining new categories are
additionally required for respiratory safety and Occupation Safety and
Health Administration (OSHA) compliance.
Fifth, sources of records are being clarified to include first
responders such as current and former fire, medical, emergency
management, and law enforcement professionals; nongovernmental and
volunteer disaster relief organizations; and private sector
professionals such as flood insurance representatives.
Sixth, routine uses E is being revised and routine use F is being
added to comply with OMB Memorandum M-17-12 requiring disclosure of
information necessary to respond to a breach either of the agency's PII
or, as appropriate, to assist another agency in its response to a
breach. The incident-related routine uses will help identify what
information was potentially compromised, the population of individuals
potentially affected, the purpose for which the information had
originally been collected, the permitted uses and disclosures of the
information, and other information that may be useful when developing
the agency's incident response. Existing routine uses I, J, M, and O
are being updated to include non-profit/non-governmental entities.
Additionally, former Routine Use M is being revised to align with the
DHS SORN template. Former Routine Use H has been removed from the
System of Records Notice.
Finally, the retention and disposal schedule of records are being
adjusted to supersede the original schedules as a result of the
National Archives and Records Administration's (NARA) update to the
General Records Schedule (GRS) and to comply with Occupational Safety
and Health Administration (OSHA) retention requirements for medical
records.
The purpose of this system is to facilitate registration,
participation, completion, documentation of FEMA's training and
exercise programs, including assessment of the health and fitness of
individuals participating in training exercises; determine eligibility
for training, housing, travel, and stipend reimbursement programs; and
compile statistical information to administer and measure effectiveness
of FEMA training and exercise programs.
FEMA collects, uses, maintains, retrieves, and disseminates the
records within this system under the authority of the Robert T.
Stafford Disaster Relief and Emergency Assistance Act, as amended, 42
U.S.C. 5121 et seq.; the Federal Fire Prevention and Control Act of
1974 as amended, 15 U.S.C. 2201 et seq.; 44 U.S.C. 3101; 6 U.S.C. 748;
the Post-Katrina Emergency Management Reform Act (PKEMRA) of 2006;
Occupational Safety and Health Administration [OSHA] Personal
Protective Equipment (No. 1910.134); Homeland Security Presidential
Directives, and several Executive Orders, as described in the
authorities section of this notice. This updated system of records
strengthens privacy protections and provides greater transparency
regarding FEMA's training and exercise records by encompassing the full
range of the Agency's training and exercise programs into a single
system of records. FEMA limits access to the information in this system
by verifying the status and ``need to know'' of individuals registering
for and participating in the Agency's training and exercise programs to
further safeguard individuals' privacy.
The updated routine uses are compatible with the purpose for
original collection of the information; FEMA shares exercise
information with other federal agencies when FEMA needs to use the
recipient agency's IT system for registration and participation in
FEMA's training and exercise programs.
FEMA conducts and hosts training and exercise programs to foster
the development of mission critical skills among communities through
participation in their programs. FEMA
[[Page 62874]]
shares exercise and training information with federal, state, local,
tribal, territorial, foreign, or international government agencies,
nongovernmental/volunteer organizations, and private sector
organizations when necessary to facilitate the development of training
and exercise programs, coordinate, facilitate, and track participation
in training and exercise programs, and for statistical purposes. FEMA
also shares academic records such as transcripts with educational
institutions; however, FEMA's information sharing with education
institutions for transcript purposes only takes place if it is
requested by the student.
Consistent with DHS's information-sharing mission, information
stored in the DHS/FEMA-011 Training and Exercise Program Records may be
shared with other DHS components that have a need to know the
information to carry out their national security, law enforcement,
immigration, intelligence, or other homeland security functions. In
addition, DHS/FEMA may share information with appropriate federal,
state, local, tribal, territorial, foreign, international government
agencies, and non-profit/non-governmental entities consistent with the
routine uses set forth in this system of records notice.
Additionally, the Final Rule to exempt this system of records from
certain provisions of the Privacy Act remains unchanged and in effect.
This updated system will be included in DHS's inventory of record
systems.
II. Privacy Act
The fair information practice principle found in the Privacy Act
underpin 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. Additionally,
the Judicial Redress Act (JRA) provides covered persons with a
statutory right to make requests for access and amendment to covered
records, as defined by the Judicial Redress Act, along with judicial
review for denials of such requests. In addition, the Judicial Redress
Act prohibits disclosures of covered records, except as otherwise
permitted by the Privacy Act.
Below is the description of the DHS/FEMA-011 Training and Exercise
Program Records 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 NAME AND NUMBER:
DHS/FEMA-011 Training and Exercise Program Records.
SECURITY CLASSIFICATION:
Classified and Unclassified.
SYSTEM LOCATION:
Records are maintained at the FEMA Headquarters in Washington, DC,
and field offices. Additionally, records are maintained in various FEMA
training and exercise information technology (IT) systems, such as the
National Emergency Training Center (NETC) Admissions System, United
States Fire Administration Learning Management System (USFA-LMS), the
Center for Domestic Preparedness Training Infrastructure (CDP-TI), the
Independent Study Database System, the FEMA Employee Knowledge Center,
and the Radiological Emergency Preparedness Program Online Operation
Center.
SYSTEM MANAGER(S):
Director, National Training and Education Division, Federal
Emergency Management Agency, Department of Homeland Security,
Washington, DC 20472
AUTHORITY FOR MAINTENANCE OF THE SYSTEM:
42 U.S.C. 5196; Federal Fire Prevention and Control Act of 1974, as
amended, 15 U.S.C. 2201 et seq.; 44 U.S.C. 3101-3106; 6 U.S.C. 748;
Homeland Security Presidential Directive 8; Homeland Security
Presidential Directive 5; the Reorganization Plan No. 3 of 1978, 5
U.S.C. 301; 31 U.S.C. 3716; 31 U.S.C. 321, Executive Order No. 13111;
Executive Order No. 12148; Executive Order No. 12127; 15 U.S.C. 2206;
Chief Financial Officer Bulletin, Financial and Acquisition Management
Division, Number 117, June 23, 2003, Subject: Invitational Travel;
Executive Order No. 9397 amended by Executive Order No. 13478; and 31
U.S.C. 7701 (1996) Authorize the Collection of the Social Security
number; Post-Katrina Emergency Management Reform Act (PKEMRA) of 2006,
Public Law 109-295, 120 Stat. 1355, October 4, 2006; and Occupational
Safety and Health Administration (OSHA) Personal Protective Equipment
(No. 1910.134).
PURPOSE(S) OF THE SYSTEM:
The purpose of this system is to facilitate registration,
participation, completion, documentation of FEMA's training and
exercise programs, including assessment of the health and fitness of
individuals participating in training exercises; determine eligibility
for training, housing, travel, and stipend reimbursement programs; and
compile statistical information to administer and measure effectiveness
of FEMA training and exercise programs.
CATEGORIES OF INDIVIDUALS COVERED BY THE SYSTEM:
Any individual who has applied for, participated in, been named as
a reference for, or assisted with a training or exercise program
recommended, sponsored, or operated by FEMA. This includes current and
former employees of DHS, any other federal government employee or
contractor, volunteers, other federal, state, local, tribal,
territorial, foreign, or international government agencies, and non-
profit/non-governmental personnel. The categories of individuals also
include individuals from the private sector and other participants in
FEMA training and exercise programs such as instructors, developers,
observers, and interpreters.
CATEGORIES OF RECORDS IN THE SYSTEM:
Individual's name (First, Middle, Last, Suffix);
Date of birth;
Social Security number (SSN);
Alternate unique number assigned in lieu of an SSN (if the
individual does not have a SSN or doesn't know his or her SSN);
Gender/Sex;
Race and ethnicity (for statistical purposes only);
U.S. Citizenship;
City and country of birth (collected for non-U.S. citizens);
Information related to disabilities requiring special assistance;
Phone numbers;
Email addresses;
Mailing addresses;
Military Rank/Prefix;
Unique user ID (for IT system registration);
Individual's password (for IT system access; only accessible by the
individual; disclosed as part of the authentication process);
Individual's security questions and answers (for IT system access);
Individual's employer or organization being represented;
Individual's employment status;
Individual's position title;
Individual's professional certifications;
[[Page 62875]]
Category of position;
Years of experience;
Type of experience;
Primary responsibility;
Reason for applying/registering for training/exercise;
Reference point of contact name;
Reference point of contact phone number;
Reference point of contact addresses;
Relationship of individual to the reference point of contact;
Organization type/Jurisdiction (e.g., federal, state, local,
tribal, territorial, foreign, or international government agencies);
Organization identification number (non-proprietary);
Number of staff in the organization;
Size of population served by the organization;
Nomination forms;
Registration/Application forms;
Training/Exercise rosters and sign-in sheets;
Training instructor and exercise role lists;
Training/exercise schedules, including location and venue, type,
target capabilities, and mission;
Financial information, such as bank routing and account number;
Payment records, including financial, travel, and related
expenditures;
Examination and testing materials;
Grades and student evaluations;
Course and instructor critiques;
Reports pertaining to and resulting from training and exercises;
Formal education level
Military experience
Medical capability/Physical Fitness Information
Past medical history
Body composition
Experience with respirators
Cardiac and Respiratory assessment
Hearing and vision assessment
Musculoskeletal assessment
Pregnancy history
Medication list
RECORD SOURCE CATEGORIES:
Records are obtained on paper and through IT systems directly from
all individuals who register for, apply for, participate in, or assist
with FEMA's training or exercise programs including FEMA employees and
contractors, volunteers, other federal employees and other participants
such as current and former fire, medical, emergency management, and law
enforcement professionals; nongovernmental and volunteer disaster
relief organizations; and private sector professionals such as flood
insurance representatives, instructors, course developers, observers,
and interpreters.
ROUTINE USES OF RECORDS MAINTAINED IN THE SYSTEM, INCLUDING CATEGORIES
OF USERS AND 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 the U.S. Attorneys
Offices, or other federal agencies conducting litigation or proceedings
before any court, adjudicative, or administrative body, when it is
relevant and 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 or her official
capacity;
3. Any employee or former employee of DHS in his or her individual
capacity, only 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 there has been a breach of the system of
records; (2) DHS has determined that as a result of the suspected or
confirmed breach there is a risk of harm to individuals, DHS (including
its information systems, programs, and operations), the Federal
Government, or national security; 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
breach or to prevent, minimize, or remedy such harm.
F. To another federal agency or federal entity, when DHS determines
that information from this system of records is reasonably necessary to
assist the recipient agency or entity in (1) responding to a suspected
or confirmed breach or (2) preventing, minimizing, or remedying the
risk of harm to individuals, the recipient agency or entity (including
its information systems, programs, and operations), the Federal
Government, or national security, resulting from a suspected or
confirmed breach.
G. To an appropriate federal, state, local, tribal, territorial,
foreign, or international government agency, 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 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.
I. To federal, state, local, tribal, territorial, foreign,
international government agency, or non-profit/non-governmental entity
if necessary to obtain information relevant to a DHS decision
concerning the hiring or retention of an employee, the issuance of a
security clearance, the reporting of an investigation of an employee,
the letting of a contract, or the issuance of a license, grant, or
other benefit.
J. To federal, state, local, tribal, territorial, foreign,
international government agency, or non-profit/non-governmental entity
in response to its request, in connection with the hiring of a
prospective employee or retention of an employee, the issuance of a
security clearance, the reporting of an investigation of an employee,
the letting of a contract, the issuance of a license, grant, or other
benefit by the requesting agency, or for general inquiries by a state
agency or state entity in connection with monitoring status and
activities of its employees, to the extent that the information is
relevant and necessary to the requesting agency's role and authority on
such decisions and matters.
K. To physician(s) in order to provide information about a student
or participant in need of medical care and
[[Page 62876]]
who is unable to provide the information him- or herself.
L. To members of the National Fire Academy (NFA) and Emergency
Management Institute (EMI) Boards of Visitors federal advisory
committees for the purpose of evaluating NFA's and EMI's programmatic
statistics.
M. To a federal, state, local, tribal, territorial, foreign,
international government agencies or non-profit/non-governmental entity
for a statistical or research purpose, including the development of
methods or resources to support statistical or research activities,
provided that the records support DHS programs and activities that
relate to the purpose(s) stated in this SORN, and will not be used in
whole or in part in making any determination regarding an individual's
rights, benefits, or privileges under federal programs, or published in
any manner that identifies an individual.
N. To Department of Treasury for the processing and issuance of
stipend payments to reimburse training, exercise, housing, or
conference related expenses.
O. To federal, state, local, tribal, territorial, foreign,
international government agencies, non-profit/non-governmental entity,
or educational institutions for the maintenance/updating of student
academic records (such as transcripts).
P. To other federal agencies that support FEMA's training and
exercise efforts through use of IT system(s).
Q. To the news media and the public, with the approval of the Chief
Privacy Officer in consultation with counsel, when there exists a
legitimate public interest in the disclosure of the information or when
disclosure is necessary to preserve confidence in the integrity of DHS
or is necessary to demonstrate the accountability of DHS's officers,
employees, or individuals covered by the system, except to the extent
it is determined that release of the specific information in the
context of a particular case would constitute an unwarranted invasion
of personal privacy.
POLICIES AND PRACTICES FOR STORAGE OF RECORDS:
DHS/FEMA stores records in this system electronically or on paper
in secure facilities in a locked drawer behind a locked door. The
records may be stored on magnetic disc, tape, and digital media.
POLICIES AND PRACTICES FOR RETRIEVAL OF RECORDS:
Records may be retrieved by an individual's name, SSN, or unique
user ID.
POLICIES AND PRACTICES FOR RETENTION AND DISPOSAL OF RECORDS:
FEMA's training and exercise records retention is generally covered
under General Records Schedule (GRS) 2.6 item 10 and NARA Authority N1-
311-08-2 1A. Under GRS 2.6 item 10, records are temporary, destroyed
when 3 years old, or 3 years after superseded or obsolete, whichever is
appropriate. Under NARA Authority N1-311-08-2 1A, records are retired
to the Federal Records Center (FRC) five years after the cutoff and
destroyed forty years after the cutoff. Finally, in accordance with
OSHA 29 CFR 1910.1020(d)(1)(i), medical records are retained for at
least thirty years and then destroyed.
ADMINISTRATIVE, TECHNICAL, AND PHYSICAL SAFEGUARDS:
FEMA safeguards records in this system in accordance with
applicable rules and policies, including all applicable DHS automated
systems security and access policies. FEMA imposes strict controls to
minimize the risk of compromising the information it stores. 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.
RECORD ACCESS PROCEDURES:
The Secretary of Homeland Security has exempted this system from
the notification, access, and amendment procedures of the Privacy Act
because it is a testing and evaluation system. However, DHS/FEMA will
consider individual requests to determine whether or not information
may be released. Individuals seeking notification of or access to any
record contained in this system of records, or seeking to contest its
content, may submit a request in writing to the Chief Privacy Officer
and FEMA's Freedom of Information Act (FOIA) Officer whose contact
information can be found at <a href="https://www.dhs.gov/foia">https://www.dhs.gov/foia</a>-contact-
information. 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, Washington,
DC 20528-0655, or electronically by <a href="https://www.dhs.gov/dhs-foia-privacy-act-request-submission-form">https://www.dhs.gov/dhs-foia-privacy-act-request-submission-form</a>.
Even if neither the Privacy Act nor the Judicial Redress Act
provide a right of access, certain records about you may be available
under the Freedom of Information Act.
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. An individual may obtain
more information about this process at <a href="https://www.dhs.gov/foia">https://www.dhs.gov/foia</a>. In
addition, you should:
Explain 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.
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 the above 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.
CONTESTING RECORD PROCEDURES:
For records covered by the Privacy Act or covered JRA records,
individuals may make a request for amendment or correction of a record
of the Department about the individual by writing directly to the
Department component that maintains the record, unless the record is
not subject to amendment or correction. The request should identify
each particular record in question, state the amendment or correction
desired, and state why the individual believes that the record is not
accurate, relevant, timely, or complete. The individual may submit any
documentation that would be helpful. If the individual believes that
the same record is in more than one system of records, the request
should state that and be addressed to each component that maintains a
system of records containing the record.
NOTIFICATION PROCEDURES:
See ``Record Access Procedure'' above.
[[Page 62877]]
EXEMPTIONS PROMULGATED FOR THE SYSTEM:
The Secretary of Homeland Security, pursuant to 5 U.S.C. 552a(k)(6)
has exempted this system from the following provisions of the Privacy
Act: 5 U.S.C. 552a(c)(3); (d); (e)(1), (e)(4)(G), (e)(4)(H), (e)(4)(I);
and (f).
HISTORY:
January 22, 2015, 80 FR 3241.
Lynn Parker Dupree,
Chief Privacy Officer, Department of Homeland Security.
[FR Doc. 2022-22450 Filed 10-14-22; 8:45 am]
BILLING CODE 9110-17-P
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</html>This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.