Federal Register / Vol. 78, No. 225 / Thursday, November 21, 2013 / Notices 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 nongovernmental 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] 

BILLING CODE 9110–17–P 

DEPARTMENT OF HOMELAND 

SECURITY 

Office of the Secretary 

[DHS–2013–0073] 

Privacy Act of 1974; Department of 

Homeland Security, Federal 

Emergency Management Agency, 

Federal Government—001 National 

Defense Executive Reserve System of 

Records 

AGENCY: Department of Homeland 

Security, Privacy Office. 

ACTION: Notice of Privacy Act System of 

Records. 

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 


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69862 Federal Register / Vol. 78, No. 225 / Thursday, November 21, 2013 / Notices 

Security/Federal Emergency 

Management Agency/Federal 

Government—001 National Defense 

Executive Reserve System of Records.’’ 

This system allows the Department of 

Homeland Security/Federal Emergency 

Management Agency to collect and 

maintain records pertaining to 

applicants for and members of the 

National Defense Executive Reserve. As 

a result of the biennial review of this 

system, this system of records notice has 

been updated within the (1) categories 

of records to include the collection of 

employer and/or supervisor name and 

title; and (2) routine uses ‘‘A,’’ ‘‘C,’’ and 

‘‘E’’, which have been revised for 

clarity. Additionally, this notice 

includes other 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 

system will be effective December 23, 

2013. 

ADDRESSES: You may submit comments, 

identified by docket number DHS– 

2013–0073 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 and may be read at 

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 

Leckey, (202) 212–5100, Privacy Officer, 

Federal Emergency Management 

Agency, Department of Homeland 

Security, Washington, DC 20478. For 

privacy issues, please contact: Karen L. 

Neuman, (202) 343–1717, 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 system of records titled, 

‘‘DHS/FEMA/GOVT—001 National 

Defense Executive Reserve System of 

Records.’’ 

The National Defense Executive 

Reserve program is a government-wide 

program administered by DHS/FEMA 

that recruits and trains individuals to 

serve the government in key executive 

positions during national emergencies. 

Individuals in the National Defense 

Executive Reserve voluntarily apply for 

assignments. Some individuals are 

federal government employees, and 

others are private sector or state 

government employees who would not 

be considered federal government 

employees unless asked to perform 

emergency duties after the President of 

the United States declares a 

mobilization. Assignments are made in 

three year increments and may either be 

redesignated or terminated. Individuals 

may voluntarily terminate at any time. 

This system of records allows DHS/

FEMA to collect and maintain records 

regarding applicants for and members of 

the National Defense Executive Reserve. 

The collection and maintenance of this 

information assists DHS/FEMA in 

coordinating and administering the 

National Defense Executive Reserve. 

The update reflects the addition of 

employer and/or supervisor name and 

title as a category of records. Limited 

employer or supervisor information is 

included on National Defense Executive 

Reserve applications to supplement 

applicant information and provide 

information on the applicant’s 

employment history. 

This updated notice clarifies three 

routine uses. The 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. 

Consistent with DHS’s informationsharing mission, information stored in 

the DHS/FEMA/GOVT—001 National 

Defense Executive Reserve 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’s inventory of record systems. 

II. Privacy Act 

The Privacy Act embodies fair 

information 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/GOVT—001 National Defense 

Executive Reserve System of Records. 

In accordance with 5 U.S.C. 552a(r), 

DHS has provided a report of this 

updated 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)/Federal Government 

(GOVT)—001. 

SYSTEM NAME: 

DHS/FEMA/GOVT—001 National 

Defense Executive Reserve System. 

SECURITY CLASSIFICATION: 

Unclassified. 

SYSTEM LOCATION: 

Records are maintained at the FEMA 

Headquarters in Washington, DC, field 

offices, or other designated offices 

located at the local installation of the 

department or agency that currently 

employs the individual. 

CATEGORIES OF INDIVIDUALS COVERED BY THE

SYSTEM: 

Categories of individuals include 

applicants for and members of the 

National Defense Executive Reserve 

assignments, and the applicants’ 

supervisors. 

CATEGORIES OF RECORDS IN THE SYSTEM: 

Categories of records in this system 

include: 

• Individual’s name; 

• Social Security number; 

• Home mailing address; 

• Home telephone number; 


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Federal Register / Vol. 78, No. 225 / Thursday, November 21, 2013 / Notices 69863 

• Home email address; 

• Date of birth; 

• Birthplace; 

• Employment experience; 

• Employer/supervisor name and 

title; 

• Professional memberships; and 

• Other personnel and administrative 

records, skills inventory, training data, 

and other related records necessary to 

coordinate and administer the program. 

AUTHORITY FOR MAINTENANCE OF THE SYSTEM: 

Defense Production Act of 1950, Exec. 

Order 11179, September 22, 1964, as 

amended by Exec. Order 12148, July 20, 

1979; and Exec. Order 9397, November 

22, 1943, as amended by Exec. Order 

13478, November 18th, 2008. 

PURPOSE(S): 

The purpose of this system is to 

collect and preserve records regarding 

applicants for and members of the 

National Defense Executive Reserve. 

The collection and maintenance of this 

information assists the federal 

government and DHS/FEMA in 

coordinating and administering the 

National Defense Executive Reserve. 

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 of 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 

about 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, 

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 Association of the National 

Defense Executive Reserve and the 

National Defense Executive Reserve 

Conference Association to facilitate 

training and relevant information 

dissemination efforts for reservists in 

the National Defense Executive Reserve. 

I. To an appropriate federal, state, 

local, tribal, foreign, or international 

agency, if the information is relevant 

and necessary to a requesting agency’s 

decision concerning the hiring or 

retention of an individual, or issuance 

of a security clearance, license, contract, 

grant, or other benefit. 

J. To an appropriate federal, state, 

local, tribal, foreign, or international 

agency, if the information is relevant 

and necessary to a DHS decision 

concerning the hiring or retention of a 

National Defense Executive Reserve 

applicant or executive. 

K. To a court, magistrate, or 

administrative tribunal in the course of 

presenting evidence, including 

disclosure to opposing counsel or 

witnesses in the course of civil 

discovery, litigation, or settlement 

negotiations or in connection with 

criminal law proceedings or in response 

to a subpoena from a court of competent 

jurisdiction. 

L. To the news media and the public, 

with the approval of the Chief Privacy 

Office 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. 

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, or digital media. 

RETRIEVABILITY: 

Records may be retrieved by 

individual’s name, Social Security 

number, specific skill area of the 

applicant, or agency. 

SAFEGUARDS: 

DHS/FEMA safeguards records in this 

system according to 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 


tkelley on DSK3SPTVN1PROD with NOTICES
69864 Federal Register / Vol. 78, No. 225 / Thursday, November 21, 2013 / Notices 

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: 

Case files on reservists are maintained 

in accordance with Item 29a, GRS 18, 

Security and Protective Services 

Records, and destroyed five years after 

termination from the National Defense 

Executive Reserve (NDER) program. 

Case files on individuals whose 

applications were rejected or withdrawn 

are destroyed when five years old in 

accordance with Item 29b, GRS 18. 

SYSTEM MANAGER AND ADDRESS: 

Associate Director, National 

Preparedness Directorate, Federal 

Emergency Management Agency, 

Washington, DC 20472, will maintain a 

computerized record of all applications 

and assignments of National Defense 

Executive Reserve reservists for the 

Federal Government as well as the 

personnel files for all individuals 

assigned to the Federal Emergency 

Management Agency. The departments 

and agencies will maintain their own 

personnel records on those individuals 

assigned to their respective department 

or agency. 

NOTIFICATION PROCEDURE: 

Individuals wishing to inquire 

whether this system of records contains 

information about themselves should 

submit their inquiries to: 

(a) NDER applicants/assignees to 

DHS/FEMA—Federal Emergency 

Management Agency, Associate 

Director, National Preparedness 

Directorate, Washington, DC 20472; or 

(b) FEMA FOIA Office whose contact 

information can be found at http://

www.dhs.gov/foia under ‘‘Contacts.’’ 

If a NDER applicant 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/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; and 

• 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. 

RECORD ACCESS PROCEDURES: 

See ‘‘Notification procedure’’ above. 

CONTESTING RECORD PROCEDURES: 

See ‘‘Notification procedure’’ above. 

RECORD SOURCE CATEGORIES: 

Records are obtained from the 

individuals to whom the record 

pertains. Prior to being designated as an 

National Defense Executive Reserve 

reservist, the applicant must 

successfully complete a background 

investigation conducted by the Office of 

Personnel Management, which may 

include reference checks of prior 

employers, educational institutions 

attended, police records, 

neighborhoods, and present and past 

friends and acquaintances. 

EXEMPTIONS CLAIMED FOR THE SYSTEM: 

None. 

Dated: November 6, 2013. 

Karen L. Neuman, 

Chief Privacy Officer, Department of 

Homeland Security. 

[FR Doc. 2013–27894 Filed 11–20–13; 8:45 am] 

BILLING CODE 4410–10–P 

DEPARTMENT OF HOMELAND 

SECURITY 

Office of the Secretary 

[Docket No. DHS–2013–0069] 

Privacy Act of 1974; Department of 

Homeland Security U.S. Citizenship 

and Immigration Services, U.S. 

Immigration and Customs 

Enforcement, U.S. Customs and 

Border Protection—001 Alien File, 

Index, and National File Tracking 

System of Records 

AGENCY: Department of Homeland 

Security, Privacy Office. 

ACTION: Notice of update and reissuance 

of privacy act system of records. 

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 U.S. Citizenship and 

Immigration Services, U.S. Immigration 

and Customs Enforcement, U.S. 

Customs and Border Protection—001 

Alien File, Index, and National File 

Tracking System of Records,’’ 76 FR 

34233 (June 13, 2011). This system of 

records contains information regarding 

transactions involving an individual as 

he/she passes through the U.S. 

immigration and inspection process, 

some of which may also be covered by 

separate systems of records notices. This 

system of records contains personally 

identifiable information such as the 

individual’s name, Alien Registration 

Number, receipt file number, date and 

place of birth, date and port of entry, as 

well as the location of each official 

Alien File. It may also contain other 

personal identifiers such as an 

individual’s Social Security Number. 

The Department of Homeland Security 

is updating the Department of 

Homeland Security U.S. Citizenship and 

Immigration Services, U.S. Immigration 

and Customs Enforcement, U.S. 

Customs and Border Protection—001 

Alien File, Index, and National File 

Tracking System of Records with the 

following substantive changes: (1) The 

addition of five routine uses and the 

modification of eight routine uses to 

allow the Department of Homeland 

Security to share information from this 

system; (2) Updated notification and 

access procedures; and (3) Language 

acknowledging the concurrent 

publication of a Final Rule exempting 

this system from certain provisions of 

the Privacy Act, including an exemption 

for records that are classified. This 

updated system will be included in the 


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