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[Federal Register Volume 78, Number 225 (Thursday, November 21, 2013)]
[Notices]
[Pages 69861-69864]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2013-27894]

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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.

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SUMMARY: In accordance with the Privacy Act of 1974, the Department of 
Homeland Security proposes to update and reissue a current Department 
of Homeland Security system of records titled, ``Department of Homeland

[[Page 69862]]

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 information-sharing 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;

[[Page 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. Sec. Sec.  
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

[[Page 69864]]

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. Sec.  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
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