[Federal Register Volume 78, Number 140 (Monday, July 22, 2013)]
[Notices]
[Pages 43890-43893]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2013-17456]
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DEPARTMENT OF HOMELAND SECURITY
Office of the Secretary
[Docket No. DHS-2013-0049]
Privacy Act of 1974; Department of Homeland Security, Federal
Emergency Management Agency--006 Citizen Corps Program System of
Records
AGENCY: Privacy Office, Department of Homeland Security.
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 notice titled, ``Department of
Homeland Security/Federal Emergency Management Agency--006 Citizen
Corps Database'' and retitle it ``Department of Homeland Security/
Federal Emergency Management Agency--006 Citizen Corps Program System
of Records.'' This system of records allows the Department of Homeland
Security/Federal Emergency Management Agency to collect and maintain
records on individuals who contact the agency about their interest in
specific voluntary programs, members of the Citizen Corps Program who
have been assigned disaster duties, and points of contact for Citizen
Corps Councils, Community Emergency Response Teams, and Citizen Corps
partners. As a result of a biennial review of this system, records have
been updated within the: (1) System name; (2) categories of
individuals; (3) categories of records; (4) authorities; (5) purpose;
(6) routine uses of information; (7) system manager and address; (8)
notification procedures; and (9) records source categories.
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 August 21, 2013. This updated
system will be effective August 21, 2013.
ADDRESSES: You may submit comments, identified by docket number DHS-
2013-0049, 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: Jonathan R. Cantor, Acting Chief Privacy Officer,
Privacy Office,
[[Page 43891]]
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, please visit 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, Washington, DC 20472. For privacy issues please
contact: Jonathan R. Cantor, (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 systems of
records titled, ``DHS/FEMA--006 Citizen Corps Database'' and retitle it
``DHS/FEMA--006 Citizen Corps Program System of Records.''
FEMA administers the Citizen Corps Program to strengthen the
collaboration with communities and to enhance their preparation and
response to threats of terrorism, crime, public health issues, and
disasters of all kinds. Through the Citizen Corps Program, communities
can set up and register their own Councils and Community Emergency
Response Team (CERT) programs.
As part of the process for reviewing the Citizen Corps application
and database information technology systems, and the biennial review of
the associated system of records, DHS is updating and reissuing this
system of records. As a result of a biennial review of this system,
records have been updated as described below:
First, the system name has been updated to more accurately align
with the Citizen Corps Program and not just the technology records.
Second, categories of individuals have been updated to include
individuals designated as points of contacts for Citizen Corps Council,
Community Emergency Response Team (CERT), and other Citizen Corps
partners. Third, categories of records have been modified to include
user access information and other program information collected by
FEMA. Fourth, the authorities have been streamlined to more accurately
reflect specific authorities for the establishment of the Citizen Corps
Program. Fifth, the purpose now includes the registration of Councils,
CERTs, and Citizen Corps partners; and community preparedness surveys
and assessments conducted by FEMA. Sixth, the routine uses of
information have been updated to include routine use (I) for sharing
information with members of the public accessing the Citizen Corps
Program Web site and routine use (K) for sharing information with news
media and the public, with approval of the DHS Chief Privacy Officer in
consultation with counsel. Additionally, routine use (A) has been
modified to include former employees of DHS and to eliminate redundant
language, routine use (C) has been updated to specify that information
may be shared with the General Services Administration (GSA), routine
uses (D) and (E) have been modified to clarify and make non-substantive
grammatical changes, routine uses (H) and (J) have been updated to
include the Congress and to allow sharing of information with Citizen
Corps partners, respectively. Seventh, system manager and address have
been updated to provide more accurate contact information. Eighth,
notification procedures have been updated to reflect FEMA's internal
reorganization. Lastly, record source categories have been modified to
align with the system's purpose and to include additional sources of
records.
Consistent with DHS' information-sharing mission, information
stored in the DHS/FEMA--006 Citizen Corps Program System of 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, information may be shared with appropriate federal, state,
local, tribal, territorial, foreign, or international government
agencies consistent with the routine uses set forth in this system of
records notice.
This updated system will be included in DHS' 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.
Below is the description of the DHS/FEMA--006 Citizen Corps Program
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
Department of Homeland Security (DHS)/Federal Emergency Management
Agency (FEMA)--006
System name:
DHS/FEMA--006 Citizen Corps Program
Security classification:
Unclassified.
System location:
Records are maintained within the Citizen Corps Application and
Database, at the FEMA Headquarters in Washington, DC, and field
offices.
Categories of individuals covered by the system:
Individuals designated as the point of contact for a Council,
Community Emergency Response Team (CERT), or other Citizen Corps
partner organization; individuals who contact the agency about their
interest in Citizen Corps programs, its partner organizations, or other
volunteer activities supporting state, local, tribal, and territorial
governments; individuals participating in national preparedness
surveys; and individuals designated to approve Council and or CERT
programs into the national registry. These individuals include members
of the general public, and federal, state, local, tribal, and
territorial officials.
Categories of records in the system:
Full name (First, last, and middle initial);
Organization's name;
Mailing address(es);
Email address(es);
Phone number(s);
Volunteer program area and type of interest;
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Username;
Password;
User Type;
Emergency preparedness training information, such as
courses taken and dates of courses;
Other CERT program information including, but not limited
to, emergency support function designation, funding information for
Council/CERT (e.g., Homeland Security Grant Program or other sources of
funding for preparedness activities), and if CERT performs background
checks on participants; and
Community preparedness surveys and assessments.
Authority for maintenance of the system:
Exec. Order No. 13254, ``Establishing the USA Freedom Corps'', Jan.
29, 2002, and 31 U.S.C. 1342.
Purpose(s):
The purpose of this system is to allow state, local, tribal, and
territorial communities to setup and register Citizen Corps Councils
and CERT programs. Also, this system provides a way for individuals to
locate and contact Councils, CERTs, and other Citizen Corps partners
for more information regarding volunteer programs and opportunities
nation-wide. Additionally, this system uses surveys to assess and
enhance communities' preparedness and to improve the effectiveness of
the Citizen Corps Program.
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' 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, 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 the USA Freedom Corps, Executive Office of the President and
the U.S. Congress for the purpose of oversight of the Citizen Corps
Program.
I. To individuals accessing the Citizen Corps Program Web site for
the purpose of contacting Citizen Corps partners for specific Citizen
Corps partner program information.
J. To organizations participating, partnering, or affiliated with
the Citizen Corps Program if an individual has volunteered to assist
this specific type of organization.
K. To the news media and the public, with the approval of the Chief
Privacy Officer in consultation with the General Counsel and FEMA
Office of Chief 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' 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.
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 individual's name, mailing address,
email address, or volunteer program(s) in which the respondent
indicates an interest.
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.
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Retention and disposal:
Routine correspondence with governors, mayors, and other state,
local, tribal, and territorial officials, as well as private citizens
relating to FEMA programs will be destroyed when no longer needed in
accordance with FEMA Records Schedule N1-311-86-1, Item 1B4. Records
relating to establishment, organization, membership, and policy of
external committees that are sponsored by FEMA, but have a membership
including representatives from other federal agencies, states, local
governments, and/or public citizens are permanent and will be
maintained in accordance with FEMA Records Schedule N1-311-97-2, Item
1.
System Manager and address:
Director, Individual and Community Preparedness Division, FEMA, 800
K Street NW., Washington, DC 20531.
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 the FEMA Disclosure Officer, 500 C
Street SW., Washington, DC 20472. 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,
Department of Homeland Security, 245 Murray Drive SW., Building 410,
STOP-0550, Washington, DC 20528.
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 Chief Privacy
Officer and Chief Freedom of Information Act Officer, http://www.dhs.gov/foia or 1-866-431-0486. 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; and
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 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.
Record access procedures:
See ``Notification procedure'' above.
Contesting record procedures:
See ``Notification procedure'' above.
Record source categories:
Records are obtained from the general public, state, local, tribal,
and territorial government officials, and Citizen Corps partners.
Exemptions claimed for the system:
None.
Dated: June 28, 2013.
Jonathan R. Cantor,
Acting Chief Privacy Officer, Department of Homeland Security.
[FR Doc. 2013-17456 Filed 7-19-13; 8:45 am]
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