[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]


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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.

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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/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: http://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 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: 
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

[[Page 723]]

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]
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