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[Federal Register Volume 78, Number 140 (Monday, July 22, 2013)]
[Notices]
[Pages 43890-43893]
From the Federal Register Online via the Government Printing 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;

[[Page 43892]]

     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.

[[Page 43893]]

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]
BILLING CODE 9110-17-P
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