[Federal Register Volume 73, Number 245 (Friday, December 19, 2008)]
[Notices]
[Pages 77785-77788]
From the Federal Register Online via the Government Printing Office [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 
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 
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/VOL-1 Citizen Corps Database (April 29, 2002) 
as a Department of Homeland Security system of records notice titled, 
Federal Emergency Management Agency--006 Citizen Corps Database. 
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's Federal 
Emergency Management Agency Citizen Corps Database. The Citizen Corps, 
through its internet site at http://www.citizencorps.gov, allows 
individuals to indicate their interest in specific voluntary programs. 
Information concerning those desired activities is then disseminated by 
DHS/FEMA to the appropriate organization for further processing or 
response. The Citizen Corps coordinates efforts among several 
organizations, including the Community Emergency Response Teams (CERT), 
the Fire Corps, the Office of the Civilian Volunteer Medical Reserve 
Corps (MRC), the National Neighborhood Watch Program, the Volunteers in 
Police Service (VIPS), the Operation Terrorism Information and 
Prevention System (TIPS), the Corporation for National and Community 
Service (CNCS), and the Citizen Corps Council. In addition, these 
entities may express an interest in sharing their respective contact 
and similar information with other participants in these programs. This

[[Page 77786]]

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 January 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. 
Follow the instructions for submitting comments.
     Fax: 1-866-466-5370.
     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 http://
www.regulations.gov, including any personal information provided.
     Docket: For access to the docket, to read background 
documents, or comments received, go to http://www.regulations.gov.

FOR FURTHER INFORMATION CONTACT: For general questions please contact: 
Federal Emergency Management Agency Privacy Officer, Federal Emergency 
Management Agency. For privacy issues please contact: Hugo Teufel III 
(703-235-0780), Chief Privacy Officer, Privacy Office, U.S. 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) have relied on preexisting Privacy Act systems 
of records notices for the collection and maintenance of records that 
concern the DHS/FEMA Citizen Corps.
    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 DHS/FEMA Citizen Corps. 
This record system will allow DHS/FEMA to collect and maintain records 
regarding individuals who express an interest in the Citizen Corps 
programs and activities, which include the Community Emergency Response 
Teams (CERT), the Fire Corps, the Office of the Civilian Volunteer 
Medical Reserve Corps (MRC), the National Neighborhood Watch Program, 
the Volunteers in Police Service (VIPS), the Operation Terrorism 
Information and Prevention System (TIPS), the Corporation for National 
and Community Service (CNCS), and the Citizen Corps Council. The 
collection and maintenance of this information will assist DHS/FEMA in 
recording individuals who express interest in Citizen Corps programs 
and activities.
    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 FEMA/VOL-1 Citizen Corps Database (67 FR 
30685, April 29, 2002) as a DHS system of records notice titled, DHS/
FEMA--006 Citizen Corps Database. 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 
DHS/FEMA's Citizen Corps Database. The Citizen Corps, through its 
internet site at http://www.citizencorps.gov, allows individuals to 
indicate their interest in specific voluntary programs. Information 
concerning those desired activities is then disseminated by DHS/FEMA to 
the appropriate organization for further processing or response. The 
Citizen Corps coordinates efforts among several organizations, 
including the Community Emergency Response Teams (CERT), the Fire 
Corps, the Office of the Civilian Volunteer Medical Reserve Corps 
(MRC), the National Neighborhood Watch Program, the Volunteers in 
Police Service (VIPS), the Operation Terrorism Information and 
Prevention System (TIPS), the Corporation for National and Community 
Service (CNCS), and the Citizen Corps Council. In addition, these 
entities may express an interest in sharing their respective contact 
and similar information with other participants in these programs. This 
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 
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 Citizen Corps 
Database 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-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 
Headquarters in Washington, DC and field offices.

Categories of individuals covered by the system:
    Categories of individuals covered by this system include 
individuals who express an interest in Citizen Corps programs or 
activities supporting State and Local governments which include the 
Community Emergency Response Teams (CERT), the Fire Corps, the Office 
of the Civilian Volunteer Medical Reserve Corps (MRC), the National 
Neighborhood Watch Program, the Volunteers in Police Service (VIPS), 
the Operation Terrorism Information and Prevention System (TIPS), the 
Corporation for National and Community Service (CNCS), and the Citizen 
Corps Council. Additionally, various State and Local Government 
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; 
courses taken and dates of courses.

Authority for maintenance of the system:
    Federal Records Act, 44 U.S.C. 3101; Section 2, Executive Order 
13254, January, 29, 2002; 1998 Appropriations Act (Pub, L, 105-119); 
and the Homeland Security Act of 2002 (Pub. L. 107-296, Section 224.). 
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 
specific voluntary programs. Information concerning those desired 
activities is then disseminated by DHS/FEMA to the appropriate 
organization for further processing or response. The Citizen Corps 
coordinates efforts among several organizations, including the 
Community Emergency Response Teams (CERT), the Fire Corps, the Office 
of the Civilian Volunteer Medical Reserve Corps (MRC), the National 
Neighborhood Watch Program, the Volunteers in Police Service (VIPS), 
the Operation Terrorism Information and Prevention System (TIPS), the 
Corporation for National and Community Service (CNCS), and the Citizen 
Corps Council. In addition, these entities may express an interest in 
sharing their respective contact and similar information with other 
participants in these programs.

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 to 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 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 USA Freedom Corps, Executive Office of the President.
    I. To organizations or activities participating in the Citizen 
Corps Program if an individual has volunteered to assist this specific 
type of organization or activity.

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, mailing address, e-
mail 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.

Retention and disposal:
    Routine correspondence with governors, mayors, and other State and 
local 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.

[[Page 77788]]

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, Office of Grants and Training, Federal Emergency 
Management Agency, 810 Seventh 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 FEMA's FOIA Officer, 500 C Street, 
SW., Attn: FOIA Coordinator, Washington, DC 20472.
    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 Director, 
Disclosure and FOIA, http://www.dhs.gov or 1-866-431-0486. In addition 
you should provide the following:
     An explanation of why you believe the Department would 
have information on you,
     Specify when you believe the records would have been 
created,
     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 this bulleted information the FEMA 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 generated by the individual and by DHS/FEMA based on 
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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