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Federal Register, Volume 73 Issue 245 (Friday, =
December 19, 2008)
[Federal Register Volume 73, Number 245 (Friday, December 19, =
2008)]
[Notices]
[Pages 77785-77788]
From the Federal Register Online via the Government Printing Office [http://www.gpo.gov/]
[FR Doc No: E8-29809]
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DEPARTMENT OF HOMELAND SECURITY
Office of the Secretary
[Docket No. DHS-2008-0128]
Privacy Act of 1974; Federal Emergency Management Agency--006=20
Citizen Corps Database System of Records
AGENCY: Privacy Office; DHS.
ACTION: Notice of Privacy Act system of records.
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SUMMARY: In accordance with the Privacy Act of 1974 and as part of the=20
Department of Homeland Security's ongoing effort to review and update=20
legacy system of records notices, the Department of Homeland Security=20
is giving notice that it proposes to update and reissue the following=20
legacy record system FEMA/VOL-1 Citizen Corps Database (April 29, 2002)=20
as a Department of Homeland Security system of records notice titled,=20
Federal Emergency Management Agency--006 Citizen Corps Database.=20
Categories of individuals, categories of records, and the routine uses=20
of this legacy system of records notice have been reviewed and updated=20
to better reflect the Department of Homeland Security's Federal=20
Emergency Management Agency Citizen Corps Database. The Citizen Corps,=20
through its internet site at http://www.citizencorps.gov/, =
allows=20
individuals to indicate their interest in specific voluntary programs.=20
Information concerning those desired activities is then disseminated by=20
DHS/FEMA to the appropriate organization for further processing or=20
response. The Citizen Corps coordinates efforts among several=20
organizations, including the Community Emergency Response Teams (CERT),=20
the Fire Corps, the Office of the Civilian Volunteer Medical Reserve=20
Corps (MRC), the National Neighborhood Watch Program, the Volunteers in=20
Police Service (VIPS), the Operation Terrorism Information and=20
Prevention System (TIPS), the Corporation for National and Community=20
Service (CNCS), and the Citizen Corps Council. In addition, these=20
entities may express an interest in sharing their respective contact=20
and similar information with other participants in these programs. This
[[Page 77786]]
new system will be included in the Department of Homeland Security's=20
inventory of record systems.
DATES: Written comments must be submitted on or before January 20,=20
2009.
ADDRESSES: You may submit comments, identified by docket number DHS-
2008-0128 by one of the following methods:
Federal e-Rulemaking Portal: http://www.regulations.gov/.=20
Follow the instructions for submitting comments.
Fax: 1-866-466-5370.
Mail: Hugo Teufel III, Chief Privacy Officer, Privacy=20
Office, Department of Homeland Security, Washington, DC 20528.
Instructions: All submissions received must include the=20
agency name and docket number for this rulemaking. All comments=20
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=20
documents, or comments received, go to http://www.regulations.gov/.
FOR FURTHER INFORMATION CONTACT: For general questions please contact:=20
Federal Emergency Management Agency Privacy Officer, Federal Emergency=20
Management Agency. For privacy issues please contact: Hugo Teufel III=20
(703-235-0780), Chief Privacy Officer, Privacy Office, U.S. Department=20
of Homeland Security, Washington, DC 20528.
SUPPLEMENTARY INFORMATION:
I. Background
Pursuant to the savings clause in the Homeland Security Act of=20
2002, Public Law 107-296, Section 1512, 116 Stat. 2310 (November 25,=20
2002), the Department of Homeland Security (DHS)/Federal Emergency=20
Management Agency (FEMA) have relied on preexisting Privacy Act systems=20
of records notices for the collection and maintenance of records that=20
concern the DHS/FEMA Citizen Corps.
As part of its efforts to streamline and consolidate its record=20
systems, DHS is updating and reissuing a system of records under the=20
Privacy Act (5 U.S.C. 552a) that deals with the DHS/FEMA Citizen Corps.=20
This record system will allow DHS/FEMA to collect and maintain records=20
regarding individuals who express an interest in the Citizen Corps=20
programs and activities, which include the Community Emergency Response=20
Teams (CERT), the Fire Corps, the Office of the Civilian Volunteer=20
Medical Reserve Corps (MRC), the National Neighborhood Watch Program,=20
the Volunteers in Police Service (VIPS), the Operation Terrorism=20
Information and Prevention System (TIPS), the Corporation for National=20
and Community Service (CNCS), and the Citizen Corps Council. The=20
collection and maintenance of this information will assist DHS/FEMA in=20
recording individuals who express interest in Citizen Corps programs=20
and activities.
In accordance with the Privacy Act of 1974 and as part of DHS's=20
ongoing effort to review and update legacy system of records notices,=20
DHS is giving notice that it proposes to update and reissue the=20
following legacy record system FEMA/VOL-1 Citizen Corps Database (67 FR=20
30685, April 29, 2002) as a DHS system of records notice titled, DHS/
FEMA--006 Citizen Corps Database. Categories of individuals and=20
categories of records have been reviewed, and the routine uses of this=20
legacy system of records notice have been updated to better reflect=20
DHS/FEMA's Citizen Corps Database. The Citizen Corps, through its=20
internet site at http://www.citizencorps.gov/, =
allows individuals to=20
indicate their interest in specific voluntary programs. Information=20
concerning those desired activities is then disseminated by DHS/FEMA to=20
the appropriate organization for further processing or response. The=20
Citizen Corps coordinates efforts among several organizations,=20
including the Community Emergency Response Teams (CERT), the Fire=20
Corps, the Office of the Civilian Volunteer Medical Reserve Corps=20
(MRC), the National Neighborhood Watch Program, the Volunteers in=20
Police Service (VIPS), the Operation Terrorism Information and=20
Prevention System (TIPS), the Corporation for National and Community=20
Service (CNCS), and the Citizen Corps Council. In addition, these=20
entities may express an interest in sharing their respective contact=20
and similar information with other participants in these programs. This=20
new system will be included in the DHS's inventory of record systems.
II. Privacy Act
The Privacy Act embodies fair information principles in a statutory=20
framework governing the means by which the United States Government=20
collects, maintains, uses, and disseminates individuals' records. The=20
Privacy Act applies to information that is maintained in a ``system of=20
records.'' A ``system of records'' is a group of any records under the=20
control of an agency for which information is retrieved by the name of=20
an individual or by some identifying number, symbol, or other=20
identifying particular assigned to the individual. In the Privacy Act,=20
an individual is defined to encompass United States citizens and lawful=20
permanent residents. As a matter of policy, DHS extends administrative=20
Privacy Act protections to all individuals where systems of records=20
maintain information on U.S. citizens, lawful permanent residents, and=20
visitors. Individuals may request access to their own records that are=20
maintained in a system of records in the possession or under the=20
control of DHS by complying with DHS Privacy Act regulations, 6 CFR=20
part 5.
The Privacy Act requires each agency to publish in the Federal=20
Register a description denoting the type and character of each system=20
of records that the agency maintains, and the routine uses that are=20
contained in each system in order to make agency record keeping=20
practices transparent, to notify individuals regarding the uses of=20
their records, and to assist individuals to more easily find such files=20
within the agency. Below is the description of the Citizen Corps=20
Database System of Records.
In accordance with 5 U.S.C. 552a(r), DHS has provided a report of=20
this updated system of records to the Office of Management and Budget=20
and to Congress.
System of Records
DHS/FEMA-006
System name:
Federal Emergency Management Agency--006 Citizen Corps Database.
Security classification:
Unclassified.
System location:
Records are maintained at the Federal Emergency Management Agency=20
Headquarters in Washington, DC and field offices.
Categories of individuals covered by the system:
Categories of individuals covered by this system include=20
individuals who express an interest in Citizen Corps programs or=20
activities supporting State and Local governments which include the=20
Community Emergency Response Teams (CERT), the Fire Corps, the Office=20
of the Civilian Volunteer Medical Reserve Corps (MRC), the National=20
Neighborhood Watch Program, the Volunteers in Police Service (VIPS),=20
the Operation Terrorism Information and Prevention System (TIPS), the=20
Corporation for National and Community Service (CNCS), and the Citizen=20
Corps Council. Additionally, various State and Local Government=20
Officials are covered by this system.
[[Page 77787]]
Categories of records in the system:
Categories of records in this system include:
Individual's name;
Mailing address;
E-mail address;
Phone number;
Volunteer program area and type of interest;
Date of expression of interest; and
Emergency preparedness training information, such as;=20
courses taken and dates of courses.
Authority for maintenance of the system:
Federal Records Act, 44 U.S.C. 3101; Section 2, Executive Order=20
13254, January, 29, 2002; 1998 Appropriations Act (Pub, L, 105-119);=20
and the Homeland Security Act of 2002 (Pub. L. 107-296, Section 224.).=20
Fiscal Year 2008 Consolidated Appropriations Act (Pub. L. 110-161).
Purpose(s):
The Citizen Corps, through its internet site at http://www.citizencorps.gov/, =
allows individuals to indicate their interest in=20
specific voluntary programs. Information concerning those desired=20
activities is then disseminated by DHS/FEMA to the appropriate=20
organization for further processing or response. The Citizen Corps=20
coordinates efforts among several organizations, including the=20
Community Emergency Response Teams (CERT), the Fire Corps, the Office=20
of the Civilian Volunteer Medical Reserve Corps (MRC), the National=20
Neighborhood Watch Program, the Volunteers in Police Service (VIPS),=20
the Operation Terrorism Information and Prevention System (TIPS), the=20
Corporation for National and Community Service (CNCS), and the Citizen=20
Corps Council. In addition, these entities may express an interest in=20
sharing their respective contact and similar information with other=20
participants in these programs.
Routine uses of records maintained in the system, including categories=20
of users and the purposes of such uses:
In addition to those disclosures generally permitted under 5 U.S.C.=20
552a(b) of the Privacy Act, all or a portion of the records of=20
information contained in this system may be disclosed outside DHS as a=20
routine use pursuant to 5 U.S.C. 552a(b)(3) as follows:
A. To the Department of Justice or other Federal agency conducting=20
litigation or in proceedings before any court, adjudicative or=20
administrative body, when it is necessary to the litigation and one of=20
the following is a party to the litigation or has an interest in such=20
litigation:
1. DHS or any component thereof;
2. Any employee of DHS in his/her official capacity;
3. Any employee of DHS in his/her individual capacity where DOJ or=20
DHS has agreed to represent the employee; or
4. The United States or any agency thereof, is a party to the=20
litigation or has an interest in such litigation, and DHS determines=20
that the records are both relevant and necessary to the litigation and=20
the use of such records is compatible with the purpose for which DHS=20
collected the records.
B. To a congressional office from the record of an individual in=20
response to an inquiry from that congressional office made at the=20
request of the individual to whom the record pertains.
C. To the National Archives and Records Administration or other=20
Federal government agencies pursuant to records management inspections=20
being conducted under the authority of 44 U.S.C. 2904 and 2906.
D. To an agency, organization, or individual for the purpose of=20
performing audit or oversight operations as authorized by law, but only=20
such information as is necessary and relevant to such audit or=20
oversight function.
E. To appropriate agencies, entities, and persons when:
1. DHS suspects or has confirmed that the security or=20
confidentiality of information in the system of records has been=20
compromised;
2. The Department has determined that as a result of the suspected=20
or confirmed compromise there is a risk of harm to economic or property=20
interests, identity theft or fraud, or harm to the security or=20
integrity of this system or other systems or programs (whether=20
maintained by DHS or another agency or entity) or harm to the=20
individual who relies upon the compromised information; and
3. The disclosure made to such agencies, entities, and persons is=20
reasonably necessary to assist in connection with DHS's efforts to=20
respond to the suspected or confirmed compromise and prevent, minimize,=20
or remedy such harm.
F. To contractors and their agents, grantees, experts, consultants,=20
and others performing or working on a contract, service, grant,=20
cooperative agreement, or other assignment for DHS, when necessary to=20
accomplish an agency function related to this system of records.=20
Individuals provided information under this routine use are subject to=20
the same Privacy Act requirements and limitations on disclosure as are=20
applicable to DHS officers and employees.
G. To an appropriate Federal, State, tribal, local, international,=20
or foreign law enforcement agency or other appropriate authority=20
charged with investigating or prosecuting a violation or enforcing or=20
implementing a law, rule, regulation, or order, where a record, either=20
on its face or in conjunction with other information, indicates a=20
violation or potential violation of law, which includes criminal,=20
civil, or regulatory violations and such disclosure is proper and=20
consistent with the official duties of the person making the=20
disclosure.
H. To the USA Freedom Corps, Executive Office of the President.
I. To organizations or activities participating in the Citizen=20
Corps Program if an individual has volunteered to assist this specific=20
type of organization or activity.
Disclosure to consumer reporting agencies:
None.
Policies and practices for storing, retrieving, accessing, retaining,=20
and disposing of records in the system:
Storage:
Records in this system are stored electronically or on paper in=20
secure facilities in a locked drawer behind a locked door. The records=20
are stored on magnetic disc, tape, digital media, and CD-ROM.
Retrievability:
Records may be retrieved by individual's name, mailing address, e-
mail address, or volunteer program(s) in which the respondent indicates=20
an interest.
Safeguards:
Records in this system are safeguarded in accordance with=20
applicable rules and policies, including all applicable DHS automated=20
systems security and access policies. Strict controls have been imposed=20
to minimize the risk of compromising the information that is being=20
stored. Access to the computer system containing the records in this=20
system is limited to those individuals who have a need to know the=20
information for the performance of their official duties and who have=20
appropriate clearances or permissions.
Retention and disposal:
Routine correspondence with governors, mayors, and other State and=20
local officials, as well as private citizens relating to FEMA programs=20
will be destroyed when no longer needed in accordance with FEMA Records=20
Schedule N1-311-86-1, Item 1B4.
[[Page 77788]]
Records relating to establishment, organization, membership, and policy=20
of external committees that are sponsored by FEMA, but have a=20
membership including representatives from other Federal agencies,=20
States, local governments, and/or public citizens are permanent and=20
will be maintained in accordance with FEMA Records Schedule N1-311-97-
2, Item 1.
System Manager and address:
Director, Office of Grants and Training, Federal Emergency=20
Management Agency, 810 Seventh Street, NW., Washington, DC 20531.
Notification procedure:
Individuals seeking notification of and access to any record=20
contained in this system of records, or seeking to contest its content,=20
may submit a request in writing to FEMA's FOIA Officer, 500 C Street,=20
SW., Attn: FOIA Coordinator, Washington, DC 20472.
When seeking records about yourself from this system of records or=20
any other FEMA system of records your request must conform with the=20
Privacy Act regulations set forth in 6 CFR part 5. You must first=20
verify your identity, meaning that you must provide your full name,=20
current address and date and place of birth. You must sign your=20
request, and your signature must either be notarized or submitted under=20
28 U.S.C. 1746, a law that permits statements to be made under penalty=20
of perjury as a substitute for notarization. While no specific form is=20
required, you may obtain forms for this purpose from the Director,=20
Disclosure and FOIA, http://www.dhs.gov/ or 1-866-431-0486. =
In addition=20
you should provide the following:
An explanation of why you believe the Department would=20
have information on you,
Specify when you believe the records would have been=20
created,
If your request is seeking records pertaining to another=20
living individual, you must include a statement from that individual=20
certifying his/her agreement for you to access his/her records.
Without this bulleted information the FEMA may not be able to=20
conduct an effective search, and your request may be denied due to lack=20
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 generated by the individual and by DHS/FEMA based on=20
individual's responses submitted via the Citizen Corps Web site.
Exemptions claimed for the system:
None.
Dated: December 10, 2008.
Hugo Teufel III,
Chief Privacy Officer, Department of Homeland Security.
[FR Doc. E8-29809 Filed 12-18-08; 8:45 am]
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