[Federal Register Volume 69, Number 192 (Tuesday, October 5, 2004)]
[Notices]
[Pages 59609-59611]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 04-22363]


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DEPARTMENT OF HOMELAND SECURITY

Federal Emergency Management Agency

RIN 1660-ZA04


Privacy Act of 1974; Updating the Student Application and 
Registration System of Records

AGENCY: Federal Emergency Management Agency (FEMA), Emergency 
Preparedness and Response (EP and R) Directorate, Department of 
Homeland Security (DHS).

ACTION: Notice of proposed revision to an existing Privacy Act system 
of records.

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SUMMARY: Pursuant to the Privacy Act of 1974 (5 U.S.C. 552a), FEMA 
proposes to upgrade the system of records currently entitled ``Student 
Application and Registration Records, FEMA/NETC/-017,'' by amending the 
method of collecting the information from hard copy only to hard copy 
and electronic. FEMA is also modifying this system of records to 
reflect its transfer to DHS. Subsections 552a(e)(4) and (11) of Title 
5, United States Code, provide that the public be given a 30-day period 
in which to comment on routine uses. The Office of Management and 
Budget (OMB), which has oversight responsibility under the Act, 
requires a 40-day period in which to review the proposed systems.

DATES: The proposed system of records will be effective November 15, 
2004, unless comments are received that result in a contrary 
determination. The public, OMB and Congress are invited to comment on 
the proposed system of records.

ADDRESSES: We invite your comments on this system of records. Please 
address them to the Rules Docket Clerk, Office of the General Counsel, 
Federal Emergency Management Agency, room 840, 500 C Street, SW., 
Washington, DC 20472, (telefax) (202) 646-4536, or (email) FEMA-
RULES@dhs.gov.

FOR FURTHER INFORMATION CONTACT: Rena Y. Kim, Privacy Act Officer, room 
840, 500 C Street, SW., Washington, DC 20472; (telephone) (202) 646-
3949.

SUPPLEMENTARY INFORMATION: Prior to March 1, 2003, FEMA was an 
independent agency within the Federal government. While operating as an 
independent agency, FEMA established this Privacy Act system of 
records. See 55 FR 37182, Sept. 7, 1990; 52 FR 324, Jan. 5, 1987; 49 FR 
45257, Nov. 15, 1984; 48 FR 12132, Mar. 23, 1982; 47 FR 53483, Nov. 26, 
1982; 46 FR 49726, Oct. 7, 1981; 45 FR 67830, Oct. 14, 1980; and 45 FR 
51431, Aug. 1, 1980. As of March 1, 2003, FEMA became a component of EP 
and R, which is a Directorate of DHS. The previous notice is, 
therefore, being updated in part to reflect the transfer of FEMA's 
functions to the EP and R Directorate within DHS and in part to reflect 
a conversion in the type of records being maintained in this system.
    This system of records contains information provided by individuals 
applying for courses offered by the National Fire Academy (NFA) and the 
Emergency Management Institute (EMI) on-campus and off-campus, by State 
and local training agencies, through selected colleges and 
universities, and through independent self-study. Information collected 
includes citizenship (city and country of birth for non-U.S. citizens), 
social security number or an alternate number that has been assigned in 
lieu of the social security number, name, mailing address, work phone 
number, alternate phone number, fax number, e-mail address, course code 
and title, course location, dates requested, course pre-requisite as 
described in the course catalog, special assistance request, name and 
address of the organization being represented, fire department 
identification number, current position and years in that position, 
category of the position, jurisdiction type, type of work for the 
organization, organization type, employment status, number of staff in 
the organization, size of population served by the organization, brief 
description of the activities or responsibilities as they relate to the 
course for which they are applying, primary responsibility and type of 
experience, number of years of experience, date of birth, sex, 
ethnicity and race. Information such as age, sex, and ancestral 
heritage are used for statistical purposes only and are provided on a 
voluntary basis. The social security number is necessary because of the 
large number of individuals who may have identical names and birth 
dates and whose identities can only be distinguished by their social 
security number. Disclosure of an individual's social security number 
is voluntary. However, if an applicant does not provide a social 
security number, a unique identification number will be substituted, 
which will affect the ability to retrieve complete training information 
on an applicant. The information is contained in the National Emergency 
Training Center (NETC) Admissions System. It will consist of 
computerized files and paper records retrieved by name or social 
security number.


[[Page 59610]]


    Dated: September 29, 2004.
David A. Trissell,
General Counsel, Emergency Preparedness and Response, Department of 
Homeland Security.



    Accordingly, we add DHS/EP and R/FEMA/NETC/017, of the FEMA Privacy 
Act systems of records to read as follows:

System name:
    Student Application and Registration Records.

Security classification:
    Unclassified.

System location:
    NETC, 16825 South Seton Avenue, Emmitsburg, Maryland 21727-8998.

Categories of individuals covered by the system:
    The system covers those individuals who apply for or take courses 
offered by FEMA's NFA or EMI. Courses are offered on-campus and off-
campus, by State and local training agencies, through selected colleges 
and universities, and through independent self-study. Information can 
be obtained by individuals completing a general admissions application 
or by applying for a course electronically. Information may also be 
provided by a State or local training agency when the course has been 
taken through that agency.

Categories of records in the system:
    Files include application forms and other information submitted 
either in hard copy or electronically by the applicant. Information 
collected includes, but is not limited to, U.S. citizenship (city and 
country of birth is also included for non-U.S. citizens), social 
security number or an alternate number that has been assigned in lieu 
of the social security number, name, mailing address, work phone 
number, alternate phone number, fax number, email address, course code 
and title, course location, dates requested, course pre-requisite as 
described in the course catalog, an indication if they require special 
assistance, name and address of the organization being represented, 
fire department identification number, current position and years in 
that position, category of the position, jurisdiction type, type of 
work for the organization, organization type, employment status, number 
of staff in the organization, size of population served by the 
organization, brief description of the activities or responsibilities 
as they relate to the course for which they are applying, primary 
responsibility and type of experience, number of years of experience, 
date of birth, sex, ethnicity and race. Information such as age, sex, 
and ancestral heritage are used for statistical purposes only. Personal 
information is provided on a voluntary basis. Failure to provide 
certain information being requested, however, may result in a delay in 
processing an application because the information provided may be 
insufficient to determine eligibility for the course. The social 
security number is necessary because of the large number of individuals 
who may have identical names and birth dates and whose identities can 
only be distinguished by their social security number. The social 
security number is used for record-keeping purposes, i.e., to ensure 
that academic records are maintained accurately. Disclosure of an 
individual's social security number is voluntary. However, if an 
applicant does not provide a social security number, a unique 
identification number will be substituted, which will affect the 
ability to retrieve complete training information on an applicant.

Authority for maintenance of the system:
    Pub. L. 93-498, Federal Fire Prevention and Control Act of 1974, as 
amended; Pub. L. 93-288, Robert T. Stafford Disaster Relief and 
Emergency Assistance Act; Pub. L. 93-579, 44 U.S.C. 3101; Privacy Act 
of 1974; E.O. 12127; E.O. 12148; and Reorganization Plan No. 3 of 1978; 
5 U.S.C. 301; Presidential Memorandum, ``Electronic Government's Role 
in Implementing the President's Management Agenda,'' July 10, 2002; 15 
U.S.C. 2206, 44 U.S.C. 3101; 50 U.S.C. App. 2253 and 2281; E.O. 12127, 
12148 and 9397; Title VI of the Civil Rights Act of 1964; and Section 
504 of the Rehabilitation Act of 1973. Executive Order 9397 authorizes 
the collection of the social security number.

Purpose(s):
    For the purpose of determining eligibility and effectiveness of NFA 
and EMI courses; to reimburse students under the Student Stipend 
Program, and to provide housing to students and other official guests 
of the NETC. Information such as age, sex, and ancestral heritage are 
used for statistical purposes only.

Routine uses of records maintained in the system, including categories 
of users and the purposes of such uses:
    Information in this system may be disclosed as a routine use as 
follows:
    1. Audits and Oversight: To an agency, organization, or individual 
for the purposes of performing authorized audit or oversight 
operations.
    2. Congressional Inquiries: 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.
    3. Contractors, et al: To contractors, grantees, experts, 
consultants, students, and others performing or working on a contract, 
service, grant, cooperative agreement, or other assignment for the 
Federal government, when necessary to accomplish an agency function 
related to this system of records.
    4. Investigations: Where a record, either on its face or in 
conjunction with other information, indicates a violation or potential 
violation of law--criminal, civil or regulatory--the relevant records 
may be referred to an appropriate Federal, State, territorial, tribal, 
local, international, or foreign agency law enforcement authority or 
other appropriate agency charged with investigating or prosecuting such 
a violation or enforcing or implementing such law.
    5. Litigation: To the Department of Justice (DOJ) or other Federal 
agency conducting litigation or in proceedings before any court, 
adjudicative or administrative body, when: (a) DHS, or (b) any employee 
of DHS in his/her official capacity, or (c) any employee of DHS in his/
her individual capacity where DOJ or DHS has agreed to represent the 
employee, or (d) the United States or any agency thereof, is a party to 
the litigation or has an interest in such litigation and when the 
records are determined by the DHS to be arguably relevant to the 
proceeding
    6. Privacy Act Verification and Amendment: To a federal, State, 
territorial, tribal, local, international, or foreign agency or entity 
for the purpose of consulting with that agency or entity (a) to assist 
in making a determination regarding access to or amendment of 
information, or (b) for the purpose of verifying the identity of an 
individual or the accuracy of information submitted by an individual 
who has requested access to or amendment of information.
    7. Privacy/Act FOIA Access and Amendment: To the submitter or 
subject of a record or information to assist DHS in making a 
determination as to access or amendment.
    8. Records Management: 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. 
sections 2904 and 2906.

[[Page 59611]]

    9. Requesting Information: To a Federal, State, local, tribal, 
territorial, foreign, or international agency, if necessary to obtain 
information relevant 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.
    10. Requested Information: To a Federal, State, local, tribal, 
territorial, foreign, or international agency, in response to its 
request, in connection with 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 by the requesting agency, to the extent that 
the information is relevant and necessary to the requesting agency's 
decision on the matter.
    11. Medical Assistance: To a physician(s) in order to provide 
information from the application for students who become ill or are 
injured during courses and are unable to provide the information.
    12. Boards of Visitors: To members of the NFA and EMI Boards of 
Visitors Federal advisory committees for the purpose of evaluating 
NFA's and EMI's programmatic statistics.
    13. Sponsors: To sponsoring States, local officials, or state 
agencies to update/evaluate statistics on NFA and EMI educational 
program participation.

Disclosure to consumer reporting agencies:
    Records in this system do not qualify for the purpose of disclosure 
to consumer reporting agencies.

Policies and practices for storing, retrieving, accessing, retaining, 
and disposing of records in the system:
Storage:
    Copies of paper applications as well as information maintained 
electronically are stored in a work area that is locked when it is not 
staffed. The doors to the work area are kept closed and signs stating 
that access is limited to authorized personnel are posted on the doors. 
There is limited access given to persons who have a need to have access 
to the information to perform their official duties. Computerized 
records are stored in a database server in a secured file server room. 
Electronic records are stored on a file server in another building and 
backed up nightly. The backup tapes are stored in a separate area from 
the file server for seven days. After that they are placed in a safe in 
another building and retained for one year.

Retrievability:
    Records can be retrieved by an individual's last name or social 
security number.

Safeguards:
    The admissions contractor controls access to hardcopy records by 
keeping them in file cabinets when not being used and in a work area 
that is locked when it is not occupied by authorized personnel. The 
System Administrator controls access to the electronic files by use of 
passwords and the Admissions Specialist assigns rights to modules of 
the system based on work responsibility. The files are stored in a 
secure server room at FEMA's Emmitsburg facility. Records are 
maintained in accordance with Federal computer security standards.

Retention and disposal:
    Hard copy records are maintained for one year and nine months, at 
which time they are retired to the Federal Records Center. Records are 
retained for a total of 40 years. Computerized records are stored in a 
database server in a secured file server room. The same retention 
schedule that applies to paper records will be followed. This is 
consistent with the records retention schedule that has been developed 
for this system.

System manager(s) and address:
    Senior Admissions Specialist, National Emergency Training Center, 
16825 South Seton Avenue, Emmitsburg, Maryland, 21727-8998.

Notification procedure:
    Individuals seeking notification and access to any records 
contained in the system of records, or seeking to contest its content, 
may inquire in accordance with instructions appearing at 6 CFR Part 5, 
subpart B, with specific reference to the verification of identity 
requirements of 6 CFR 5.21.
    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: Privacy Act Officer, DHS/FEMA Office of General Counsel (GL), 
room 840, 500 C Street, SW., Washington, DC 20472.
    Certain public information such as name, organizational address, 
organizational telephone number, email address, position title, course 
code and title, and the dates the course was taken are made available. 
All reports are based on organizational information.

Record access procedures:
    Same as Notification Procedure above.

Contesting record procedures:
    Same as Notification Procedure above. State clearly and concisely 
the information being contested, the reasons for contesting it, and the 
proposed amendment to the information sought.

Record source categories:
    The sources are the individuals themselves, applicants to NFA or 
EMI courses, Federal employees, and FEMA employees and contractor 
support processing NFA or EMI course applications as part of their 
official duties.

Exemption claimed for the system:
    None.
[FR Doc. 04-22363 Filed 10-4-04; 8:45 am]
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