Privacy Act of 1974; Department of Homeland Security/United States Coast Guard-017 Federal Medical Care Recovery Act System of Records, 74742-74744 [2014-29349]

Agencies

• DEPARTMENT OF HOMELAND SECURITY
• Office of the Secretary

[Federal Register Volume 79, Number 241 (Tuesday, December 16, 2014)]
[Notices]
[Pages 74742-74744]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2014-29349]


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DEPARTMENT OF HOMELAND SECURITY

Office of the Secretary

[Docket No. DHS-2014-0071]


Privacy Act of 1974; Department of Homeland Security/United 
States Coast Guard--017 Federal Medical Care Recovery Act System of 
Records

AGENCY: Department of Homeland Security, Privacy Office.

ACTION: Notice of Privacy Act System of Records.

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SUMMARY: In accordance with the Privacy Act of 1974, the Department of 
Homeland Security proposes to update and reissue a current Department 
of Homeland Security system of records titled, ``Department of Homeland 
Security/United States Coast Guard Federal Medical Care Recovery Act 
System of Records.'' This system of records allows the Department of 
Homeland Security/United States Coast Guard to collect and maintain 
Federal Medical Care Recovery Act claims (FMCRA). As a result of the 
biennial review of this system, the system manager and address category 
has been updated. Additionally, this notice includes non-substantive 
changes to simplify the formatting and text of the previously published 
notice. This updated system will be included in the Department of 
Homeland Security's inventory of record systems.

DATES: Submit comments on or before January 15, 2015. This updated 
system will be effective January 15, 2015.

ADDRESSES: You may submit comments, identified by docket number DHS-
2014-0071 by one of the following methods:
     Federal e-Rulemaking Portal: https://www.regulations.gov. 
Follow the instructions for submitting comments.
     Fax: 202-343-4010.
     Mail: Karen L. Neuman, 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 to https://www.regulations.gov, including any 
personal information provided.
    Docket: For access to the docket to read background documents or 
comments received, please visit https://www.regulations.gov.

FOR FURTHER INFORMATION CONTACT: For general questions, please contact: 
Marilyn Scott-Perez (202) 475-3515, Privacy Officer, Commandant (CG-
61), United States Coast Guard, Mail Stop 7710, Washington, DC 20593. 
For privacy questions, please contact: Karen L. Neuman, (202) 343-1717, 
Chief Privacy Officer, Privacy Office, Department of Homeland Security, 
Washington, DC 20528.

SUPPLEMENTARY INFORMATION:

I. Background

    In accordance with the Privacy Act of 1974, 5 U.S.C. 552a, the 
Department of Homeland Security (DHS) United States Coast Guard (USCG) 
proposes to update and reissue a current DHS system of records titled, 
``DHS/United States Coast Guard-017 Federal Medical Care Recovery Act 
System of Records. The collection and maintenance of this information 
will assist DHS/USCG in meeting its statutory obligation to address 
FMCRA claims. As a result of a biennial review of the system, the 
system manager and address category has been updated to reflect the new 
mail stop.
    Consistent with DHS's information-sharing mission, information 
stored in the DHS/USCG-017 Federal Medical Care Recovery Act System of 
Records may be shared with other DHS components that have a need to 
know the information to carry out their national security, law 
enforcement, immigration, intelligence, or other homeland security 
functions. In addition, information may be shared with appropriate 
federal, state, local, tribal, territorial, foreign, or international 
government agencies consistent with the routine uses set forth in this 
system of records notice. This updated system will be included in DHS's 
inventory of record systems.

II. Privacy Act

    The Privacy Act embodies fair information practice principles in a 
statutory framework governing the means by which Federal Government 
agencies collect, maintain, use, and disseminate 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 from 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 U.S. citizens and lawful 
permanent residents. As a matter of policy, DHS extends administrative 
Privacy Act protections to all individuals when systems of records 
maintain information on U.S. citizens, lawful permanent residents, and 
visitors.
    Below is the description of the DHS/USCG-017 Federal Medical Care 
Recovery Act System of Records.
    In accordance with 5 U.S.C. 552a(r), DHS has provided a report of 
this system of records to the Office of Management and Budget and to 
Congress.
System of Records

Department of Homeland Security (DHS)/USCG-017

System name:
    DHS/USCG-017 Federal Medical Care Recovery Act.

Security classification:
    Unclassified

System location:
    Records are maintained at the United States Coast Guard 
Headquarters in Washington, DC and field offices and at USCG health 
care facilities where the USCG military personnel or eligible dependent 
receives treatment.

Categories of individuals covered by the system:
    Categories of individuals covered by this system include active 
duty, reserve, and retired active duty, retired reserve, and their 
eligible dependents. Also included are insurance company employees, 
related legal staff, the alleged tortfeasor. Finally, individuals such 
as Search and Rescue victims, employees, volunteers, or others who

[[Page 74743]]

are provided emergency care by the USCG.

Categories of records in the system:
    Categories of records in this system include:
     Military personnel's name;
     Eligible dependent's name;
     Social Security number;
     Gender;
     Date of birth;
     Case number;
     Insurance company's name and representative's name;
     Legal firm's name and legal representative's name;
     Addresses;
     Telephone numbers;
     Correspondence, memoranda, and related documents 
concerning potential and actual FMCRA claims;
     Police reports;
     Witness statements;
     Court documentation;
     Basic contact information for insurance companies, legal 
staff, and tortfeasor;
     Copies of medical and dental treatment provided to the 
individual subject of the claim;
     Copies of medical bills associated with civilian care 
provided at government expense; and
     Automated data processing (ADP) records containing 
identifying data on individuals, unit of assignment and address, home 
address, the amount of the claim, the amount paid to the government on 
the claim, dates of correspondence sent, due dates of reply, claim 
number, date claim opened, and date claim closed.

Authority for maintenance of the system:
    Departmental Regulations, 5 U.S.C. 301; the Federal Records Act, 44 
U.S.C. 3101; 14 U.S.C. 632.; 10 U.S.C. 1095, Uniformed Services Medical 
and Dental Care; 42 U.S.C. 2651 et seq., Federal Medical Care Recovery 
Act. 3 CFR 25.131, 133.

Purpose(s):
    The purpose of this system is to collect and maintain FMCRA claims 
for the United States Coast Guard.

Routine uses of records maintained in the system, including categories 
of users and the purposes of such uses:
    Note: For records of identity, diagnosis, prognosis, or treatment 
of any client/patient, irrespective of whether or when he/she ceases to 
be a client/patient, maintained in connection with the performance of 
any alcohol or drug abuse prevention and treatment function conducted, 
requested, or directly or indirectly assisted by any department or 
agency of the United States, shall, except as provided therein, be 
confidential and be disclosed only for the purposes and under 
circumstances expressly authorized in 42 U.S.C. 290dd-2. The results of 
a drug test of civilian employees may be disclosed only as expressly 
authorized under 5 U.S.C. 7301. These statutes limit disclosures 
otherwise permitted by the Privacy Act of 1974 to the extent that 
disclosure is more limited. Thus, the Routine Uses set forth below do 
not apply to this information. However, access to the record by the 
individual to whom the record pertains is governed by the Privacy Act.
    A. To medical personnel to the extent necessary to meet a bona fide 
medical emergency;
    B. To qualified personnel for the purpose of conducting scientific 
research, management audits, financial audits, or program evaluation, 
provided that employees are individually identified;
    C. To the employee's medical review official;
    D. To the administrator of any Employee Assistance Program in which 
the employee is receiving counseling or treatment or is otherwise 
participating;
    E. To any supervisory or management official within the employee's 
agency having authority to take adverse personnel action against such 
employee; or
    F. Pursuant to the order of a court of competent jurisdiction when 
required by the United States Government to defend against any 
challenge against any adverse personnel action. See 42 U.S.C. 290dd, 
290ee, and Public Law 100-71, Section 503(e).

    Note:  For all other records besides those noted above, this 
system of records contains individually identifiable health 
information. The Health Insurance Portability and Accountability Act 
of 1996 applies to most of such health information. Department of 
Defense 6025.18-R may place additional procedural requirements on 
the uses and disclosures of such information beyond those found in 
the Privacy Act of 1974 or mentioned in this system of records 
notice. Therefore, routine uses outlined below may not apply to such 
health information.

    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 including Offices of the United 
States Attorneys 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 when DOJ or 
DHS has agreed to represent the employee; or
    4. The United States or any agency thereof.
    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 (NARA) or 
General Services Administration (GSA) pursuant to records management 
inspections being conducted under the authority of 44 U.S.C. 2904 and 
2906.
    D. To an agency or organization 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. DHS has determined that as a result of the suspected or 
confirmed compromise there is a risk of identity theft or fraud, harm 
to economic or property interests, harm to an individual, or harm to 
the security or integrity of this system or other systems or programs 
(whether maintained by DHS or another agency or entity); 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

[[Page 74744]]

implementing a law, rule, regulation, or order, when 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 attorneys and insurance companies involved in settling and 
litigating claims pursuant to Health Information Portability and 
Accountability Act.

Disclosure to consumer reporting agencies:
    None.

Policies and practices for storing, retrieving, accessing, retaining, 
and disposing of records in the system:
Storage:
    USCG stores records in this system electronically or on paper in 
secure facilities in a locked drawer behind a locked door. The records 
may be stored on magnetic disc, tape, or digital media.

Retrievability:
    USCG may retrieve records by name, Social Security number, case 
number, or address of military personnel or eligible dependent. USCG 
can also retrieve records by attorney's or other parties' names.

Safeguards:
    USCG safeguards records in this system in accordance with 
applicable rules and policies, including all applicable DHS automated 
systems security and access policies. USCG imposes strict controls to 
minimize the risk of compromising the information. 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:
    USCG retains records at USCG Headquarters for 2 years; transfers 
the records to a Federal Records Center for an additional 4 years, for 
a total of 6 years, and destroys the records thereafter. (AUTH: GRS 1, 
Item 19.)

System Manager and address:
    Commandant (CG-1), United States Coast Guard, Mail Stop 7907, 
Washington, DC 20593-0001.

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 the Commandant (CG-611), United 
States Coast Guard, Mail Stop 7710, Washington, DC 20593. If an 
individual believes more than one component maintains Privacy Act 
records concerning him or her, the individual may submit the request to 
the Chief Privacy Officer and Chief Freedom of Information Act Officer, 
Department of Homeland Security, 245 Murray Drive SW., Building 410, 
STOP-0655, Washington, DC 20528.
    When seeking records about yourself from this system of records or 
any other Departmental 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 Chief Privacy 
Officer and Chief Freedom of Information Act Officer, https://www.dhs.gov/foia or 1-866-431-0486. In addition, you should:
     Explain why you believe the Department would have 
information on you;
     Identify which component(s) of the Department you believe 
may have the information about you;
     Specify when you believe the records would have been 
created; and
     Provide any other information that will help the FOIA 
staff determine which DHS component agency may have responsive records; 
and

    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 the above information, the component(s) 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:
    USCG obtains records from the individual, or if a minor, the parent 
or guardian, and witnesses; Medical facilities (USCG, Department of 
Defense, Uniformed Services Treatment Facility, or Civilian Facility) 
where beneficiaries are treated; injury investigations, attorneys, and 
insurance companies involved in the claim.

Exemptions claimed for the system:
    None.

    Dated: November 18, 2014.
Karen L. Neuman,
Chief Privacy Officer, Department of Homeland Security.
[FR Doc. 2014-29349 Filed 12-15-14; 8:45 am]
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