Privacy Act of 1974; Department of Homeland Security/Federal Emergency Management Agency/GOVT-001 National Defense Executive Reserve System of Records, 722-725 [E9-45]
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Federal Register / Vol. 74, No. 4 / Wednesday, January 7, 2009 / Notices
Niklaus Welter in advance of the call to
confirm that the call will take place.
The chairperson of the Homeland
Security Information Network Advisory
Committee shall conduct the
teleconference in a way that will, in his
judgment, facilitate the orderly conduct
of business. Please note that the
teleconference may end early if all
business is completed.
DATES: The teleconference call will take
place on Tuesday, 13 January, 2009, at
2–3 p.m. EST.
ADDRESSES: Members of the public may
monitor the call by calling 1–800–882–
3610, to be followed by this PIN,
1782344#. Members of the public are
welcome to monitor the call; however,
the number of teleconference lines is
limited and available on a first-come,
first-served basis. Questions or
Comments must be identified by DHS–
2008–0204 and may be submitted by
one of the following methods:
• Federal eRulemaking Portal:
• https://www.regulations.gov. Follow
the instructions for submitting questions
or comments.
• E-mail: Niklaus.Welter@dhs.gov.
Include the docket number, DHS–2008–
0204 in the subject line of the message.
• Fax: 202–282–8806.
• Mail: Niklaus Welter, Department of
Homeland Security, 245 Murray Lane,
SW., Building 410, Washington, DC
20528.
Instructions: All submissions received
must include the words ‘‘Department of
Homeland Security’’ and the docket
number for this action. Comments
received will be posted without
alteration at https://www.regulations.gov,
including any personal information
provided.
Docket: For access to the docket to
read background documents or
comments received by the Homeland
Security Information Network Advisory
Committee, go to https://
www.regulations.gov.
Privacy Office; DHS.
ACTION: Notice of Privacy Act system of
records.
FOR FURTHER INFORMATION CONTACT:
Niklaus Welter, 245 Murray Lane SW.,
Bldg 410, Washington, DC 20528,
Niklaus.Welter@dhs.gov, 202–282–8336,
fax 202–282–8806.
SUPPLEMENTARY INFORMATION: Notice of
this meeting is given under the Federal
Advisory Committee Act, 5 U.S.C. App.
(Pub. L. 92–463). The Homeland
Security Information Network Advisory
Committee will have a conference call
to discuss implementation efforts
associated with the Next Generation of
the Homeland Security Information
Network. The Homeland Security
Information Network Advisory
Committee provides advice and
recommendations to the Secretary
through the Director, Operations
Coordination and Planning on matters
relating to gathering and incorporating
user requirements into the Homeland
Security Information Network.
The Committee will discuss the above
issues from approximately 2–3 p.m.
EST. Teleconference Call dates may be
subject to change. Please contact
SUMMARY: In accordance with the
Privacy Act of 1974 and as part of the
Department of Homeland Security’s
ongoing effort to review and update
legacy system of records notices, the
Department of Homeland Security is
giving notice that it proposes to update
and reissue the following legacy record
system FEMA/GOVT–1 National
Defense Executive Reserve System as a
Department of Homeland Security/
Federal Emergency Management
Agency/Federal Government system of
records notice titled, DHS/FEMA/
GOVT–001 National Defense Executive
Reserve System. Categories of
individuals, categories of records, and
the routine uses of this legacy system of
records notice have been reviewed and
updated to better reflect the Department
of Homeland Security/Federal
Emergency Management Agency/
Federal Government National Defense
Executive Reserve records. This new
system will be included in the
Department of Homeland Security’s
inventory of record systems.
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Information on Services for Individuals
With Disabilities
For information on facilities or
services for individuals with disabilities
or to request special assistance at the
meeting, contact Niklaus Welter as soon
as possible.
Dated: December 31, 2008.
Roger T. Rufe, Jr.,
Director, Operations Coordination and
Planning.
[FR Doc. E9–44 Filed 1–6–09; 8:45 am]
BILLING CODE 4410–10–P
DEPARTMENT OF HOMELAND
SECURITY
Office of the Secretary
[Docket No. DHS–2008–0127]
Privacy Act of 1974; Department of
Homeland Security/Federal Emergency
Management Agency/GOVT–001
National Defense Executive Reserve
System of Records
AGENCY:
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DATES: Written comments must be
submitted on or before February 6, 2009.
ADDRESSES: You may submit comments,
identified by docket number DHS–
2008–0127 by one of the following
methods:
• Federal e-Rulemaking Portal:
https://www.regulations.gov. Follow the
instructions for submitting comments.
• Fax: 703–483–2999.
• Mail: Hugo Teufel III, 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
https://www.regulations.gov, including
any personal information provided.
• Docket: For access to the docket, to
read background documents, or
comments received, go to https://
www.regulations.gov.
FOR FURTHER INFORMATION CONTACT: For
general questions please contact: The
Federal Emergency Management Agency
Privacy Officer, Federal Emergency
Management Agency, 500 C Street, SW.,
Washington, DC 20472. For privacy
issues please contact: Hugo Teufel III
(703–235–0780), Chief Privacy Officer,
Privacy Office, Department of Homeland
Security, Washington, DC 20528.
SUPPLEMENTARY INFORMATION:
I. Background
Pursuant to the savings clause in the
Homeland Security Act of 2002, Public
Law 107–296, Section 1512, 116 Stat.
2310 (November 25, 2002), the
Department of Homeland Security
(DHS)/Federal Emergency Management
Agency (FEMA)/Federal Government
have relied on preexisting Privacy Act
systems of records notices for the
collection and maintenance of records
that concern the National Defense
Executive Reserve.
As part of its efforts to streamline and
consolidate its record systems, DHS is
updating and reissuing a system of
records under the Privacy Act (5 U.S.C.
552a) that deals with the National
Defense Executive Reserve. Individuals
of the National Defense Executive
Reserve voluntarily apply for
assignments. Some individuals are
already government employees and
others are private sector employees who
would not be considered 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
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may, at any time, request voluntarily
termination. This record system will
allow the Federal Government to collect
and preserve records regarding
applicants for and members of the
National Defense Executive Reserve.
The collection and maintenance of this
information will assist the Federal
Government in coordinating and
administering the National Defense
Executive Reserve.
In accordance with the Privacy Act of
1974 and as part of DHS’s ongoing effort
to review and update legacy system of
records notices, DHS is giving notice
that it proposes to update and reissue
the following legacy record system
DHS/FEMA/GOVT–1 National Defense
Executive Reserve System (55 FR 37182
September 7, 1990) as a DHS/FEMA/
Federal Government system of records
notice titled, DHS/FEMA/GOVT–001
National Defense Executive Reserve
System. Categories of individuals and
categories of records have been
reviewed, and the routine uses of this
legacy system of records notice have
been updated to better reflect the DHS/
FEMA/Federal Government’s National
Defense Executive Reserve records. This
new 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 the United States Government
collects, maintains, uses, and
disseminates 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
for 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
United States citizens and lawful
permanent residents. As a matter of
policy, DHS extends administrative
Privacy Act protections to all
individuals where systems of records
maintain information on U.S. citizens,
lawful permanent residents, and
visitors. Individuals may request access
to their own records that are maintained
in a system of records in the possession
or under the control of DHS by
complying with DHS Privacy Act
regulations, 6 CFR Part 5.
The Privacy Act requires each agency
to publish in the Federal Register a
description denoting the type and
character of each system of records that
the agency maintains, and the routine
uses that are contained in each system
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in order to make agency record keeping
practices transparent, to notify
individuals regarding the uses of their
records, and to assist individuals to
more easily find such files within the
agency. Below is the description of the
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
DHS/FEMA/GOVT–001
SYSTEM NAME:
Federal Emergency Management
Agency National Defense Executive
Reserve System.
SECURITY CLASSIFICATION:
Unclassified.
SYSTEM LOCATION:
Records may be maintained in the
personnel office, emergency
preparedness unit, or other designated
offices located at the local installation of
the department or agency which
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.
CATEGORIES OF RECORDS IN THE SYSTEM:
Categories of records in this system
include:
• FEMA Form 85–3, National Defense
Executive Reserve Personal
Qualifications Statement. This Form
includes:
• Individual’s name;
• Social security number;
• Home mailing address;
• Home telephone number;
• Home e-mail address;
• Date of birth;
• Birthplace;
• Employment experience; and
• Professional memberships.
• 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, E.O.
11179 dated September 22, 1964, as
amended by E.O. 12148 dated July 20,
1979, 5 U.S.C. 301; the Federal Records
Act, 44 U.S.C. 3101; Executive Order
9397.
PURPOSE(S):
The purpose of this system is to
collect and preserve records regarding
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723
applicants for and members of the
National Defense Executive Reserve.
The collection and maintenance of this
information will assist the Federal
Government 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 or
other Federal agency conducting
litigation or in proceedings before any
court, adjudicative or administrative
body, when it is 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 of DHS in his/her
official capacity;
3. Any employee of DHS in his/her
individual capacity where DOJ or DHS
has agreed to represent the employee; or
4. The United States or any agency
thereof, is a party to the litigation or has
an interest in such litigation, and DHS
determines that the records are both
relevant and necessary to the litigation
and the use of such records is
compatible with the purpose for which
DHS collected the records.
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 or other Federal
government agencies pursuant to
records management inspections being
conducted under the authority of 44
U.S.C. 2904 and 2906.
D. To an agency, organization, or
individual 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. The Department has determined
that as a result of the suspected or
confirmed compromise there is a risk of
harm to economic or property interests,
identity theft or fraud, or harm to the
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security or integrity of this system or
other systems or programs (whether
maintained by DHS or another agency or
entity) or harm to the individual who
relies 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, where 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, or if the
information is relevant and necessary to
a DHS decision concerning the hiring or
retention of an employee, the issuance
of a security clearance, the reporting of
an investigation of an employee, the
letting of a contract, or the issuance of
a license, grant or other benefit and
when disclosure is appropriate to the
proper performance of the official duties
of the person making the request.
J. To a court, magistrate, or
administrative tribunal in the course of
presenting evidence, including
disclosure to opposing counsel or
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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.
K. To the news media and the public,
with the approval of the Chief Privacy
Officer 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, digital media, and
CD-ROM.
RETRIEVABILITY:
Records may be retrieved by
individual’s name, social security
number, specific skill area of the
applicant, or agency.
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:
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 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.
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FEMA will review this retention
schedule and work with NARA to
determine whether it remains
appropriate.
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;
(b) NDER applicants/assignees to
Federal departments and/or agencies
other than DHS—contact the agency
personnel, emergency preparedness
unit, or Privacy Act Officer to determine
location of records within the
department/agency. Individuals must
include their full name, date of birth,
social security number, current address,
and type of assignment/agency they
applied with to be an NDER reservist.
RECORD ACCESS PROCEDURES:
Individuals/applicants/assignees to
DHS/FEMA wishing to access records
containing information about
themselves should follow the record
access procedures that are outlined in
FEMA’s and DHS’ Privacy Act
regulations, 44 CFR Part 6 and 6 CFR
Part 5. Requests for Privacy Act
protected information must be made in
writing and clearly marked as a
‘‘Privacy Act Request.’’ The name of the
requester, the nature of the record
sought, and the required verification of
identity must be clearly indicated.
Requests should be sent to: FOIA
Officer, Records Management, Federal
Emergency Management Agency,
Department of Homeland Security, 500
C Street, SW., Washington, DC 20472.
Individuals/applicants/assignees to
Federal departments and/or agencies
other than DHS should follow
‘‘Notification procedure (b)’’ above.
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CONTESTING RECORD PROCEDURES:
See ‘‘Record access procedures’’
above.
RECORD SOURCE CATEGORIES:
The individuals to whom the record
pertains. Prior to being designated as a
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: December 23, 2008.
Hugo Teufel III,
Chief Privacy Officer, Department of
Homeland Security.
[FR Doc. E9–45 Filed 1–6–09; 8:45 am]
BILLING CODE 4410–10–P
DEPARTMENT OF THE INTERIOR
Fish and Wildlife Service
[FWS–R9–IA–2008–N0350; 96100–1671–
000–P5]
Harvest and Export of American
Ginseng
AGENCY: Fish and Wildlife Service,
Interior.
ACTION: Notice: announcement of public
meeting; request for information from
the public.
SUMMARY: We, the U.S. Fish and
Wildlife Service (Service), announce a
public meeting on American ginseng
(Panax quinquefolius). This meeting
will help us gather information from the
public in preparation of our 2009
findings on the export of American
ginseng roots, for the issuance of
permits under the Convention on
International Trade in Endangered
Species of Wild Fauna and Flora
(CITES).
DATES: The meeting date is February 24,
2009. An information session will occur
at 8 a.m. to 2 p.m., followed by a public
meeting at 2 p.m. to 5:30 p.m.
ADDRESSES: The meeting location is:
Bristol, VA—Holiday Inn Hotel and
Suites, Bristol Convention Center, 3005
Linden Drive, Bristol, VA 24202;
telephone number: (276) 466–4100.
FOR FURTHER INFORMATION CONTACT: For
further information, or directions to the
meeting, contact Ms. Pat Ford, Division
of Scientific Authority, U.S. Fish and
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16:10 Jan 06, 2009
Jkt 217001
Wildlife Service, 4401 N. Fairfax Drive,
Room 110, Arlington, VA 22203; 703–
358–1708 (telephone), 703–358–2276
(fax), or patricia_ford@fws.gov (e-mail).
SUPPLEMENTARY INFORMATION:
Background
The Convention on International
Trade in Endangered Species of Wild
Fauna and Flora (CITES, or Convention)
is an international treaty designed to
control and regulate international trade
in certain animal and plant species that
are now or potentially may be
threatened with extinction by
international trade. Currently, 174
countries, including the United States,
are Parties to CITES. The species for
which trade is controlled are listed in
Appendix I, II, or III of the Convention.
Appendix I includes species threatened
with extinction that are or may be
affected by international trade.
Commercial trade in Appendix–I
species is generally prohibited.
Appendix II includes species that,
although not necessarily threatened
with extinction at the present time, may
become so unless their trade is strictly
controlled through a system of export
permits. Appendix II also includes
species that CITES must regulate so that
trade in other listed species may be
brought under effective control (e.g.,
because of similarity of appearance
between listed species and other
species). Appendix III comprises species
subject to regulation within the
jurisdiction of any CITES Party country
to enlist the cooperation of the other
Parties in regulating international trade
in the species.
American ginseng (Panax
quinquefolius) was listed in Appendix II
of CITES on July 1, 1975. The Division
of Scientific Authority and the Division
of Management Authority of the Service
regulate the export of American ginseng,
including whole live or dead plants,
whole and sliced roots, and parts of
roots. To meet CITES requirements for
export of American ginseng from the
United States, the Division of Scientific
Authority must determine that the
export will not be detrimental to the
survival of the species, and the Division
of Management Authority must be
satisfied that the American ginseng
roots to be exported were legally
acquired.
The Divisions of Scientific Authority
and Management Authority make the
required findings on a State-by-State
basis. To determine whether or not to
approve exports of American ginseng,
the Division of Scientific Authority
reviews available information from
various sources (other Federal agencies,
State regulatory agencies, industry and
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725
associations, nongovernmental
organizations, and academic
researchers) on the biology and trade
status of the species. After a thorough
review, the Division of Scientific
Authority makes a non-detriment
finding and the Division of Management
Authority makes a legal acquisition
finding on the export of American
ginseng to be harvested during the
year(s) in question. With the exception
of 2005, from 1999 through 2008, the
Division of Scientific Authority
included in its non-detriment findings
for the export of wild and wildsimulated American ginseng roots an
age-based restriction (i.e., plants must
be at least 5 years old).
States with harvest programs for wild
and artificially propagated American
ginseng are: Alabama, Arkansas,
Georgia, Illinois, Indiana, Iowa,
Kentucky, Maine, Maryland, Minnesota,
Missouri, New York, North Carolina,
Ohio, Pennsylvania, Tennessee,
Vermont, Virginia, West Virginia, and
Wisconsin. States with harvest programs
for only artificially propagated
American ginseng are: Idaho, Maine,
Michigan, North Dakota, Oregon, and
Washington.
The Divisions of Scientific Authority
and Management Authority will host an
American ginseng workshop from
February 24 through 26, 2009, in Bristol,
Virginia, with representatives of State
and Federal agencies that regulate the
species, to discuss the status and
management of American ginseng and
the CITES export program for the
species. This workshop will provide an
important opportunity for
representatives of the States and Federal
agencies to discuss and consider
improvements to the CITES export
program for this species. Except for the
session on February 24, 2009, this
meeting will be closed to the public.
Information from the 2009 U.S. Fish
and Wildlife Service’s American
ginseng workshop will be available from
our Web site at: https://www.fws.gov/
international/DMA_DSA/CITES/plants/
ginseng.html; information will also be
available upon request from the
Division of Scientific Authority (see FOR
FURTHER INFORMATION CONTACT).
Public Meeting
We invite the public to listen to
academic and Federal government
researchers, who will present their most
recent research findings on American
ginseng, and other invited speakers on
February 24, 2009, in Bristol, VA., from
8 a.m. to 2 p.m. (with a lunch break at
attendees’ expense). After these
presentations, from 2 p.m. to 5:30 p.m.,
we will hold an open public meeting (a
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]]>Agencies
[Federal Register Volume 74, Number 4 (Wednesday, January 7, 2009)]
[Notices]
[Pages 722-725]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E9-45]
-----------------------------------------------------------------------
DEPARTMENT OF HOMELAND SECURITY
Office of the Secretary
[Docket No. DHS-2008-0127]
Privacy Act of 1974; Department of Homeland Security/Federal
Emergency Management Agency/GOVT-001 National Defense Executive Reserve
System of Records
AGENCY: Privacy Office; DHS.
ACTION: Notice of Privacy Act system of records.
-----------------------------------------------------------------------
SUMMARY: In accordance with the Privacy Act of 1974 and as part of the
Department of Homeland Security's ongoing effort to review and update
legacy system of records notices, the Department of Homeland Security
is giving notice that it proposes to update and reissue the following
legacy record system FEMA/GOVT-1 National Defense Executive Reserve
System as a Department of Homeland Security/Federal Emergency
Management Agency/Federal Government system of records notice titled,
DHS/FEMA/GOVT-001 National Defense Executive Reserve System. Categories
of individuals, categories of records, and the routine uses of this
legacy system of records notice have been reviewed and updated to
better reflect the Department of Homeland Security/Federal Emergency
Management Agency/Federal Government National Defense Executive Reserve
records. This new system will be included in the Department of Homeland
Security's inventory of record systems.
DATES: Written comments must be submitted on or before February 6,
2009.
ADDRESSES: You may submit comments, identified by docket number DHS-
2008-0127 by one of the following methods:
Federal e-Rulemaking Portal: https://www.regulations.gov.
Follow the instructions for submitting comments.
Fax: 703-483-2999.
Mail: Hugo Teufel III, 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 https://
www.regulations.gov, including any personal information provided.
Docket: For access to the docket, to read background
documents, or comments received, go to https://www.regulations.gov.
FOR FURTHER INFORMATION CONTACT: For general questions please contact:
The Federal Emergency Management Agency Privacy Officer, Federal
Emergency Management Agency, 500 C Street, SW., Washington, DC 20472.
For privacy issues please contact: Hugo Teufel III (703-235-0780),
Chief Privacy Officer, Privacy Office, Department of Homeland Security,
Washington, DC 20528.
SUPPLEMENTARY INFORMATION:
I. Background
Pursuant to the savings clause in the Homeland Security Act of
2002, Public Law 107-296, Section 1512, 116 Stat. 2310 (November 25,
2002), the Department of Homeland Security (DHS)/Federal Emergency
Management Agency (FEMA)/Federal Government have relied on preexisting
Privacy Act systems of records notices for the collection and
maintenance of records that concern the National Defense Executive
Reserve.
As part of its efforts to streamline and consolidate its record
systems, DHS is updating and reissuing a system of records under the
Privacy Act (5 U.S.C. 552a) that deals with the National Defense
Executive Reserve. Individuals of the National Defense Executive
Reserve voluntarily apply for assignments. Some individuals are already
government employees and others are private sector employees who would
not be considered 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
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may, at any time, request voluntarily termination. This record system
will allow the Federal Government to collect and preserve records
regarding applicants for and members of the National Defense Executive
Reserve. The collection and maintenance of this information will assist
the Federal Government in coordinating and administering the National
Defense Executive Reserve.
In accordance with the Privacy Act of 1974 and as part of DHS's
ongoing effort to review and update legacy system of records notices,
DHS is giving notice that it proposes to update and reissue the
following legacy record system DHS/FEMA/GOVT-1 National Defense
Executive Reserve System (55 FR 37182 September 7, 1990) as a DHS/FEMA/
Federal Government system of records notice titled, DHS/FEMA/GOVT-001
National Defense Executive Reserve System. Categories of individuals
and categories of records have been reviewed, and the routine uses of
this legacy system of records notice have been updated to better
reflect the DHS/FEMA/Federal Government's National Defense Executive
Reserve records. This new 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 the United States Government
collects, maintains, uses, and disseminates 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 for 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 United States citizens and lawful
permanent residents. As a matter of policy, DHS extends administrative
Privacy Act protections to all individuals where systems of records
maintain information on U.S. citizens, lawful permanent residents, and
visitors. Individuals may request access to their own records that are
maintained in a system of records in the possession or under the
control of DHS by complying with DHS Privacy Act regulations, 6 CFR
Part 5.
The Privacy Act requires each agency to publish in the Federal
Register a description denoting the type and character of each system
of records that the agency maintains, and the routine uses that are
contained in each system in order to make agency record keeping
practices transparent, to notify individuals regarding the uses of
their records, and to assist individuals to more easily find such files
within the agency. Below is the description of the 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
DHS/FEMA/GOVT-001
System name:
Federal Emergency Management Agency National Defense Executive
Reserve System.
Security classification:
Unclassified.
System location:
Records may be maintained in the personnel office, emergency
preparedness unit, or other designated offices located at the local
installation of the department or agency which 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.
Categories of records in the system:
Categories of records in this system include:
FEMA Form 85-3, National Defense Executive Reserve
Personal Qualifications Statement. This Form includes:
Individual's name;
Social security number;
Home mailing address;
Home telephone number;
Home e-mail address;
Date of birth;
Birthplace;
Employment experience; and
Professional memberships.
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, E.O. 11179 dated September 22,
1964, as amended by E.O. 12148 dated July 20, 1979, 5 U.S.C. 301; the
Federal Records Act, 44 U.S.C. 3101; Executive Order 9397.
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 will assist
the Federal Government 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 or other Federal agency conducting
litigation or in proceedings before any court, adjudicative or
administrative body, when it is 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 of DHS in his/her official capacity;
3. Any employee of DHS in his/her individual capacity where DOJ or
DHS has agreed to represent the employee; or
4. The United States or any agency thereof, is a party to the
litigation or has an interest in such litigation, and DHS determines
that the records are both relevant and necessary to the litigation and
the use of such records is compatible with the purpose for which DHS
collected the records.
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 or other
Federal government agencies pursuant to records management inspections
being conducted under the authority of 44 U.S.C. 2904 and 2906.
D. To an agency, organization, or individual 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. The Department has determined that as a result of the suspected
or confirmed compromise there is a risk of harm to economic or property
interests, identity theft or fraud, or harm to the
[[Page 724]]
security or integrity of this system or other systems or programs
(whether maintained by DHS or another agency or entity) or harm to the
individual who relies 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, where 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, or if the information is relevant and
necessary to a DHS decision concerning the hiring or retention of an
employee, the issuance of a security clearance, the reporting of an
investigation of an employee, the letting of a contract, or the
issuance of a license, grant or other benefit and when disclosure is
appropriate to the proper performance of the official duties of the
person making the request.
J. 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.
K. To the news media and the public, with the approval of the Chief
Privacy Officer 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, digital media, and CD-ROM.
Retrievability:
Records may be retrieved by individual's name, social security
number, specific skill area of the applicant, or agency.
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:
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 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. FEMA will
review this retention schedule and work with NARA to determine whether
it remains appropriate.
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;
(b) NDER applicants/assignees to Federal departments and/or
agencies other than DHS--contact the agency personnel, emergency
preparedness unit, or Privacy Act Officer to determine location of
records within the department/agency. Individuals must include their
full name, date of birth, social security number, current address, and
type of assignment/agency they applied with to be an NDER reservist.
Record access procedures:
Individuals/applicants/assignees to DHS/FEMA wishing to access
records containing information about themselves should follow the
record access procedures that are outlined in FEMA's and DHS' Privacy
Act regulations, 44 CFR Part 6 and 6 CFR Part 5. Requests for Privacy
Act protected information must be made in writing and clearly marked as
a ``Privacy Act Request.'' The name of the requester, the nature of the
record sought, and the required verification of identity must be
clearly indicated. Requests should be sent to: FOIA Officer, Records
Management, Federal Emergency Management Agency, Department of Homeland
Security, 500 C Street, SW., Washington, DC 20472.
Individuals/applicants/assignees to Federal departments and/or
agencies other than DHS should follow ``Notification procedure (b)''
above.
[[Page 725]]
Contesting record procedures:
See ``Record access procedures'' above.
Record source categories:
The individuals to whom the record pertains. Prior to being
designated as a 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: December 23, 2008.
Hugo Teufel III,
Chief Privacy Officer, Department of Homeland Security.
[FR Doc. E9-45 Filed 1-6-09; 8:45 am]
BILLING CODE 4410-10-P
