Subject: FR Doc 04-22363
From: <Saved by Windows Internet Explorer 8>
Date: Fri, 28 Jan 2011 16:00:50 -0500

[Federal Register: October 5, 2004 (Volume 69, Number 192)]
[Notices]
[Page 59609-59611]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr05oc04-76]

-----------------------------------------------------------------------

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.

-----------------------------------------------------------------------

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)
[email-masked].

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]

BILLING CODE 9110-17-P