Home > 1995 Privacy Act Documents > Privacy Act: [ FEMA/REG-1] State and local Civil Preparedness Instructional Program (SLCPIP)....

Privacy Act: [ FEMA/REG-1] State and local Civil Preparedness Instructional Program (SLCPIP)....


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       Claim or similar documents with supporting evidence submitted by 
   claimant; Government employees; members of the public and witnesses 
   and informants.
     Systems exempted from certain provisions of the act: 
       When litigation occurs, information from other systems of records 
   may be incorporated into the case file. In certain instances, the 
   incorporated information may be material which the Privacy Act, at 5 
   U.S.C. 552a(k) (1), (2), and (5), permits an agency to exempt from 
   certain provisions of the Act. To the extent that such exempt 
   material is incorporated into the litigation file, the Director, 
   Federal Emergency Management Agency, has determined that the material 
   as it appears in this system should be exempted from subsections 
   (c)(3), (d), (e)(1), (e)(4) (G), (H), (I) and (f), of the Privacy 
   Act, 5 U.S.C. 552a, pursuant to 5 U.S.C. 552a(k) (1), (2), and (5). 
   Rules have been promulgated in accordance with the requirements of 5 
   U.S.C. 553 (b), (c) and (e) and have been published in 44 CFR 6.87. 
   The Office of General Counsel, pursuant to 5 U.S.C. 552a(d)(5), 
   reserves the right to refuse access to information compiled in 
   reasonable anticipation of a civil action proceeding.

   #..FEMA/GOVT-1

   #....System name: 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: 
       Applicants for and incumbents of NDER assignments.
     Categories of records in the system: 
       The system contains FEMA Form 85-3, National Defense Executive 
   Reserve Qualifications Statement, which includes such items as name, 
   date of birth, social security number, and other personnel and 
   administrative records, skills inventory, training data, and other 
   related records necessary to coordinate and administer the NDER 
   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.
   Purpose(s): 
       For the purpose of establishing units of the NDER in Federal 
   departments and agencies in accordance with E.O. 11179, as amended by 
   E.O. 12148. Individuals voluntarily apply for assignments but would 
   not be considered government employees to perform emergency duties 
   unless the President of the United States declared a mobilization. 
   Assignments are made in 3 year increments and may either be 
   redesignated or terminated. Individuals may at any time request 
   voluntary termination.
     Routine uses of records maintained in the system, including 
   categories of users and the purposes of such uses: 
       (a) Names and addresses may be made available 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 NDER 
   program; (b) to the appropriate agency whether Federal, State, local 
   or foreign, charged with the responsibility of investigating or 
   prosecuting a violation or potential violation of law, whether civil, 
   criminal or regulatory in nature, and whether arising by general 
   statute or particular program statute, or by regulation, rule or 
   issued pursuant thereto; to a Federal, State, or local agency 
   maintaining civil, criminal, regulatory, licensing or other 
   enforcement information or other pertinent information, such as 
   current licenses, if necessary, to obtain information relevant to an 
   agency decision concerning the hiring or retention of an employee, 
   the issuance of a security clearance, the letting of a contract, or 
   the issuance of a license, grant, or other benefit; (c) to the 
   National Archives and Records Administration during records 
   management inspections conducted under authority of 44 U.S.C. 2904 
   and 2906; (d) to a Member of Congress or to a Congressional staff 
   member in response to an inquiry of the Congressional office made at 
   the request of the individual about whom the record is maintained; 
   (e) to another Federal agency, to a court, or a party in litigation 
   before a court or in administrative proceeding being conducted by a 
   Federal agency, either when the government is a party to a judicial 
   proceeding or in order to comply with the issuance of a subpoena; and 
   (f) to disclose, in response to a request for discovery or for 
   appearance of a witness, information that is relevant to the subject 
   matter involved in a pending judicial or administrative proceeding.
     Policies and practices for storing, retrieving, accessing, 
   retaining, and disposing of records in the system: 
     Storage: 
       Records may be stored in file folders, file cards, on microfiche, 
   and/or automated record systems.
     Retrievability: 
       By name, personal data, skills or agency.
     Safeguards: 
       Records are stored in locked file cabinets or locked rooms. 
   Automated records are protected by restricted access procedures and 
   audit trails. Access to records is strictly limited to those 
   personnel whose official duties require access and who are properly 
   screened, cleared, and trained.
     Retention and disposal: 
       Records are covered by General Records Schedule 18 and are 
   retained for 5 years after termination from NDER Program.
     System manager(s) 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 NDER 
   reservists for the Federal government as well as the personnel files 
   for all individuals assigned to the Federal Emergency Management 
   Agency. The Departments or 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 FEMA Headquarters--Federal 
   Emergency Management Agency, Associate Director, National 
   Preparedness Directorate, Washington, DC 20472; (b) NDER applicants/
   assignees to a FEMA Regional Office--Federal Emergency Management 
   Agency, appropriate Regional Director as identified in Appendix AA to 
   FEMA systems of records notices; (c) NDER applicants/assignees to 
   Federal departments and/or agencies other than FEMA--contact the 
   agency personnel, emergency preparedness unit, or Privacy Act Officer 
   to determine location of records within the department/agency. 
   Individuals should include their full name, date of birth, social 
   security number, current address, and type of assignment/agency they 
   applied with to be an NDER reservists.
     Record access procedures: 
       Same as Notification procedures above.
     Contesting record procedures: 
       Same as Notification procedures above. The letter should state 
   clearly and concisely what information is being contested, the 
   reasons for contesting it, and the proposed amendment to the 
   information sought.
       FEMA Privacy Act Regulations are promulgated in 44 CFR part 6.
       Individuals applying to or assigned to Federal agencies other 
   than FEMA should consult the appropriate department's/agency's 
   Privacy Act Regulations which can be found in that department's/
   agency's Code of Federal Regulations or Federal Register notice.
     Record source categories: 
       The individuals to whom the record pertains. Prior to being 
   designated as an NDER 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, police departments, 
   neighborhoods, and present and past friends and acquaintances.
     Systems exempted from certain provisions of the act: 
       None.

   #.. FEMA/IG-1

   #....System name: General Investigative Files.

     Security classification: 
       Limited Access. Certain records or information in this system may 
   be provided security safeguards equivalent to the protection of Top 
   Secret classified information.
     System location: 
       Office of Inspector General, Federal Emergency Management Agency, 
   Washington, DC 20472.
     Categories of individuals covered by the system: 
       Any individual suspected of violating any criminal, civil, 
   regulatory, licensing, or other enforcement laws, whether Federal, 
   State, local or foreign; witnesses, employees, grantees, and 
   contractors.
     Categories of records in the system: 
       Investigative reports and materials pertaining to allegations of 
   fraud, waste, abuse, mismanagement, violations of law or misconduct 
   and irregularities by individuals covered by the system, individuals 
   subpoenaed in connection with investigations and listing of 
   subpoenaed records; the subject records may contain any identifying 
   or other relevant information on subject individuals which might 
   relate to possible violations of criminal, civil, regulatory, 
   licensing, or other enforcement laws, whether Federal, State, local 
   or foreign.
     Authority for maintenance of the system: 
       Inspector General Act of 1978, 5 U.S.C. app. I, sections, 1-12; 
   E.O. 12127; E.O. 12148; Reorganization Plan No. 3 of 1978.
   Purpose(s): 
       For the purpose of preventing and detecting fraud abuse, 
   conducting and supervising audits and investigations relating to 
   programs and operations, informing the Head of the establishment 
   about problems and deficiencies relating to programs and 
   administration and suggesting corrective action.
     Routine uses of records maintained in the system, including 
   categories of users and the purposes of such uses: 
       (a) Referral to Federal, State, territorial, local, foreign, 
   investigative and/or prosecutive authorities. A record from any of 
   FEMA's systems of records, which indicates either by itself or in 
   combination with other information within FEMA's possession, a 
   violation or potential violation of law, whether criminal, civil or 
   regulatory in nature, and whether arising by general statute or 
   particular program statute, or by regulation, rule or order issued 
   pursuant thereto, the relevant records in the systems of records may 
   be referred to the appropriate agency, whether Federal, State, 
   territorial, local or foreign, charged with responsibility of 
   investigating or prosecuting such violation or charged with enforcing 
   or implementing the statute, rule, regulation or order issued 
   thereto.
       (b) Referral to suspension/debarment authorities, internal to the 
   agency. A record from any of FEMA's systems of records may be 
   disclosed, as a routine use, to any Federal agency responsible for 
   considering suspension/debarment actions where such records would be 
   germane to a determination of the propriety/necessity for such an 
   action.
       (c) Referral to Federal, State, local and professional licensing 
   boards. A record from any of FEMA's systems of records may be 
   disclosed, as a routine use, to any governmental, or professional, 
   licensing authority when such record reflects on the qualifications, 
   either moral, educational or vocational of an individual seeking to 
   be licensed.
       (d) Disclosure to contractor, grantee or other direct recipient 
   of Federal funds to allow such entity to effect corrective action in 
   FEMA's best interest. A record from any of FEMA's systems of records 
   may be disclosed, as a routine use, to any direct recipient of 
   Federal funds where such record reflects serious inadequacies with a 
   recipient's personnel and disclosure of the record is for purposes of 
   permitting a recipient to take corrective action beneficial to the 
   Government.
       (e) Disclosure to any source, either private or governmental, to 
   the extent necessary to solicit information relevant to an 
   investigation or audit. A record from any of FEMA's systems of 
   records may be disclosed, as a routine use, to any source, either 
   private or governmental, to the extent necessary to secure from such 
   source information relevant to and sought in furtherance of a 
   legitimate investigation or audit.
       (f) Disclosure of domestic, foreign or international governmental 
   agencies considering personnel or other internal actions. Release so 
   that receiving agency may effect necessary action. A record from any 
   of FEMA's systems of records may be disclosed, as a routine use, to a 
   Federal, State, local, foreign or international agency, in connection 
   with such entity's assignment, hiring or retention of an individual, 
   issuance of a security clearance, reporting of an investigation of an 
   individual, letting of a contract or issuance of a license, grant or 
   other benefit, to the extent that the information is relevant and 
   necessary to such agency's decision on the matter.
       (g) Disclosure to Office of Government Ethics. A record from any 
   FEMA system of records may be disclosed, as a routine use, to the 
   Office of Government Ethics for any purpose consistent with that 
   office's mission, including the compilation of statistical data.
       (h) Disclosure to the GSBCA, GAO or any other tribunal hearing a 
   contractor protest. A record from any FEMA system of records may be 
   disclosed, as a routine use, to the United States General Accounting 
   Office and to the General Services Administration Board of Contract 
   Appeals in bid protest cases involving an agency procurement.
       (i) Disclosure to Congress in Semiannual report. A record from 
   any FEMA system of records may be disclosed, as a routine use, to 
   Congress through incorporation in the statutorily mandated IG 
   semiannual report.
       (j) Disclosure to domestic, foreign or international governmental 
   law enforcement agency in order that releasing agency may obtain 
   relevant to a decision of such releasing agency. A record from any 
   FEMA system of records may be disclosed, as a routine use, to a 
   domestic, foreign or international governmental agency maintaining 
   civil, criminal or other relevant enforcement information, or other 
   pertinent information, in order to obtain information relevant to an 
   agency decision concerning the assignment, hiring or retention of an 
   individual, the issuance of a security clearance, the letting of a 
   contract, or the issuance of a license, grant, or other benefit.
       (k) Disclosure to Department of Justice regarding FOIA advice. A 
   record from any FEMA system of records may be disclosed, as a routine 
   use, to the U.S. Department of Justice in order to obtain that 
   department's advice regarding FEMA's disclosure obligations under the 
   Freedom of Information Act.
       (l) Disclosure to OMB regarding Privacy Act counsel. A record 
   from any FEMA system of records may be disclosed, as a routine use, 
   to the Office of Management and Budget in order to obtain that 
   office's advice regarding FEMA's obligations under the Privacy Act.
       (m) Disclosure to a Member of Congress making a request at the 
   behest of a party protected under the Privacy Act. A record from any 
   FEMA system of records may be disclosed, as a routine use, to a 
   Member of Congress who submits an inquiry on behalf of an individual 
   when the Member of Congress informs the appropriate FEMA official 
   that the individual to whom the record pertains has authorized the 
   Member of Congress to have access. In such cases, the Member of 
   Congress has no greater right to the record than does the individual.
       (n) Disclosure to Federal agency pursuant to the receipt of a 
   valid subpoena. A record from any FEMA system of records may be 
   disclosed, as a routine use, to a Federal agency which has the 
   authority to subpoena other Federal agencies records and which has 
   issued a facially valid subpoena for the record.
       (o) Disclosure to Treasury and DOJ pursuant to an ex parte court 
   order to obtain taxpayer information from the IRS. A record from any 
   FEMA system of records may be disclosed, as a routine use, to the 
   Department of Treasury and the Department of Justice when FEMA is 
   seeking an ex parte court order to obtain taxpayer information from 
   the IRS.
       (p) Disclosure to debt collection contractors for purposes of 
   delinquent debt collection. A record from any FEMA system of records 
   may be disclosed, as a routine use, to debt collection contractors 
   for the purpose of collecting delinquent debts as authorized by the 
   Debt Collection Act of 1982, 31 U.S.C. 3718.
       (q) Disclosure to FEMA counsel and the administrative hearing 
   tribunal and counsel to the adverse party in a Program Fraud Civil 
   Remedies Act litigation. A record from any FEMA system of records may 
   be disclosed, as a routine use, to FEMA personnel responsible for 
   bringing Program Civil Remedies Act litigation, to the persons 
   constituting the tribunal hearing such litigation or any appeals 
   therefrom and to counsel for the defendant party in any such 
   litigation.
       (r) Disclosure to any court or during the course of any 
   litigation to which FEMA is a party or has an interest. A record may 
   be disclosed in a proceeding before a court or adjudicative body 
   before which FEMA is authorized to appear, or in the course of 
   settlement negotiations with opposing counsel, when FEMA, or any 

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