Privacy Act of 1974; Department of Homeland Security/United States Coast Guard-016 Adjudication and Settlement of Claims System of Records, 74739-74742 [2014-29381]
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Federal Register / Vol. 79, No. 241 / Tuesday, December 16, 2014 / Notices
USCG will destroy files only after the
required period of maintenance, with a
witness present, by either (1) a DHS or
USCG Employee Assistance Program
Administrator or an Employee
Assistance Program Administrator from
another organization that contracts with
DHS or USCG for Employee Assistance
Program services, or (2) by designated
staff of a private or governmental
organization under contract with DHS
or USCG to provide document
destruction services. The witness must
be trained in the proper handling of
records covered by the Privacy Act and
42 CFR part 2.
USCG destroys written records by
shredding or burning. USCG destroys
records stored on hard drives using
software tools that ensure the protection
of the confidential information by
making reconstruction or compromise
by reuse impracticable. USCG disposes
of records contained on back-up tapes/
diskettes by either physically destroying
the tapes/diskettes or by deleting them
using software tools which ensure the
protection of the confidential
information by making reconstruction or
compromise by reuse impracticable.
USCG transfers records located away
from the destruction site in a
confidential manner. No other
information about Employee Assistance
Program clients may be maintained once
these files have been destroyed.
Commandant (CG–111), United States
Coast Guard, Mail Stop 7907,
Washington, DC 20593–0001.
mstockstill on DSK4VPTVN1PROD with NOTICES
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
19:38 Dec 15, 2014
RECORD ACCESS PROCEDURES:
See ‘‘Notification procedure’’ above.
Jkt 235001
See ‘‘Notification procedure’’ above.
RECORD SOURCE CATEGORIES:
Records are retained from the
following sources:
USCG Employee Assistance Program:
the client, the licensed mental health
provider, and collateral sources and
resources intended to help the client;
USCG Workplace Violence and
related Critical Incident Team:
investigation records, personnel records,
critical incident team assembled to
make recommendations to command,
subject’s supervisors, and the subject;
USCG Critical Incident Stress
Management-related records: Work-Life
staff, Peers, Incident commander,
command(s) affected, individuals
impacted by incident, and other support
persons who may be mobilized to assist
those impacted by the event;
USCG Sexual Assault Prevention and
Response Program: victim, victim
support person, medical personnel
assisting victim, criminal investigations
and investigators, and other support
personnel intended to assist victim;
USCG Victim Support Persons (VSP):
the victim support person, Work-Life
staff, VSP’s or Victim Advocate’s work
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Sfmt 4703
supervisor, and other support persons
who may assist in training;
USCG Critical Incident Stress
Management Peer Volunteers: Peer,
Peer’s supervisor, Work-Life staff, and
other support persons who may assist in
training;
Case records maintained by USCG
Work-Life personnel on USCG Duty
members who have demonstrated
suicidal behavior: the patient, medical
personnel, patient’s command, and
Work-Life staff and other support
persons who may assist in helping the
patient; and
Reports of USCG active duty suicidal
behavior incidents, work place violence
incidents, critical incidents, and sexual
assaults maintained by USCG
Headquarters (CG–1112): Work-Life staff
and others as described above under
their related programs.
EXEMPTIONS CLAIMED FOR THE SYSTEM:
None.
Dated: November 18, 2014.
Karen L. Neuman,
Chief Privacy Officer, Department of
Homeland Security.
[FR Doc. 2014–29379 Filed 12–15–14; 8:45 am]
BILLING CODE 9110–04–P
DEPARTMENT OF HOMELAND
SECURITY
Office of the Secretary
CONTESTING RECORD PROCEDURES:
SYSTEM MANAGER AND ADDRESS:
VerDate Sep<11>2014
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.
74739
[Docket No. DHS–2014–0070]
Privacy Act of 1974; Department of
Homeland Security/United States
Coast Guard—016 Adjudication and
Settlement of Claims System of
Records
Privacy Office, Department of
Homeland Security.
ACTION: Notice of Privacy Act System of
Records.
AGENCY:
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
Adjudication and Settlement of Claims
System of Records.’’ This system of
records allows the Department of
Homeland Security/United States Coast
Guard to collect and preserve the
records associated with military
personnel salary claims. As a result of
the biennial review of this system, the
system manager and address and record
source categories have been updated.
Additionally, this notice includes nonsubstantive changes to simplify the
SUMMARY:
E:\FR\FM\16DEN1.SGM
16DEN1
74740
Federal Register / Vol. 79, No. 241 / Tuesday, December 16, 2014 / Notices
mstockstill on DSK4VPTVN1PROD with NOTICES
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–
2014–0070 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—016 Adjudication and
Settlement of Claims System of Records.
The collection and maintenance of this
information will assist DHS/USCG in
meeting its statutory obligation to
adjudicate and settle salary claims
received by USCG military personnel.
The DHS/USCG–016 Adjudication and
Settlement of Claims System of Records
is the USCG’s record system used for the
collection and maintenance of records
that concern the adjudication and
settlement of claims concerning the
amounts of pay received by USCG
military personnel. As a result of a
biennial review of the system, the
system manager and address and record
VerDate Sep<11>2014
19:38 Dec 15, 2014
Jkt 235001
source categories have been updated to
include the new command name, office
symbol, and mail stop.
Consistent with DHS’s informationsharing mission, information stored in
the DHS/USCG–016 Adjudication and
Settlement of Claims 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–016 Adjudication and Settlement
of Claims 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–016
SYSTEM NAME:
DHS/USCG–016 Adjudication and
Settlement of Claims System of Records.
SECURITY CLASSIFICATION:
Unclassified.
SYSTEM LOCATION:
USCG maintains records at the United
States Coast Guard Headquarters in
Washington, DC and field offices.
PO 00000
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Fmt 4703
Sfmt 4703
CATEGORIES OF INDIVIDUALS COVERED BY THE
SYSTEM:
Categories of individuals covered by
this system include active duty, reserve,
retired active duty, and retired reserve
military personnel who submit claims
against USCG related to monetary
disputes.
CATEGORIES OF RECORDS IN THE SYSTEM:
• Individual’s name;
• Social Security number or
Employee ID Number (EMPLID);
• Leave and earnings statements; and
• Other related information regarding
claims arising out of disputes
concerning amounts of pay received.
AUTHORITY FOR MAINTENANCE OF THE SYSTEM:
Departmental Regulations, 5 U.S.C.
301, 5512–5514; 10 U.S.C. 939, 1442,
1453, 2774–2775; 14 U.S.C. 461; 31
U.S.C. 3716; 37 U.S.C. 1007; the Federal
Records Act, 44 U.S.C. 3101; Debt
Collection Act of 1982, Public Law 97–
276, Section 124; Debt Collection
Improvement Act of 1996, Public Law
104–132; Federal Claims Collection
Standards, 31 CFR Chapter IX.
PURPOSE(S):
The purpose of this system is to
adjudicate and settle claims related to
salary disputes, overpayments resulting
from travel and transportation
entitlement, claims from spouses,
former spouses or widows of military
personnel involving an annuity, and
other similar activities when submitted
by USCG active duty, reserve, and
retired active duty and retired reserve
military personnel.
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 or 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 (DOJ),
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 relevant
or 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 or former employee
of DHS in his/her official capacity;
3. Any employee or former employee
of DHS in his/her individual capacity
when DOJ or DHS has agreed to
represent the employee; or
E:\FR\FM\16DEN1.SGM
16DEN1
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Federal Register / Vol. 79, No. 241 / Tuesday, December 16, 2014 / Notices
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
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) that
rely 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, 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
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19:38 Dec 15, 2014
Jkt 235001
and consistent with the official duties of
the person making the disclosure.
H. To authorized officials of the
Internal Revenue Service, General
Accountability Office (GAO), and the
Civil Service Commission, as required,
to address salary claims submitted by
USCG military and civilian personnel.
I. To a court, magistrate, or
administrative tribunal in the course of
presenting evidence, including
disclosures 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.
J. 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:
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 retrieves records by claimant’s
name, employee ID (EMPLID), or Social
Security number.
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.
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Fmt 4703
Sfmt 4703
74741
RETENTION AND DISPOSAL:
USCG retains records until
adjudication and settlement. USCG
retains most submissions for present
setting value, as required. USCG retains
records for 10 years, 3 months after the
year in which the Government’s right to
collect first accrued. (AUTH: GRS 6,
Item 10b(2)(a))(Records Officer).
SYSTEM MANAGER AND ADDRESS:
Commandant (CG–12), 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.
E:\FR\FM\16DEN1.SGM
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74742
Federal Register / Vol. 79, No. 241 / Tuesday, December 16, 2014 / Notices
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
individuals, USCG payroll offices, legal
staff, investigators, Personnel
Directorate, Comptroller General, GAO,
and congressional correspondence.
EXEMPTIONS CLAIMED FOR THE SYSTEM:
None.
Dated: November 18, 2014.
Karen L. Neuman,
Chief Privacy Officer, Department of
Homeland Security.
[FR Doc. 2014–29381 Filed 12–15–14; 8:45 am]
BILLING CODE 9110–04–P
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
Department of Homeland
Security, Privacy Office.
ACTION: Notice of Privacy Act System of
Records.
AGENCY:
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.
mstockstill on DSK4VPTVN1PROD with NOTICES
SUMMARY:
VerDate Sep<11>2014
19:38 Dec 15, 2014
Jkt 235001
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:
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.
I. Background
System of Records
DATES:
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 informationsharing 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,
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Frm 00061
Fmt 4703
Sfmt 4703
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.
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
E:\FR\FM\16DEN1.SGM
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]]>Agencies
[Federal Register Volume 79, Number 241 (Tuesday, December 16, 2014)]
[Notices]
[Pages 74739-74742]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2014-29381]
-----------------------------------------------------------------------
DEPARTMENT OF HOMELAND SECURITY
Office of the Secretary
[Docket No. DHS-2014-0070]
Privacy Act of 1974; Department of Homeland Security/United
States Coast Guard--016 Adjudication and Settlement of Claims System of
Records
AGENCY: Privacy Office, Department of Homeland Security.
ACTION: Notice of Privacy Act System of Records.
-----------------------------------------------------------------------
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 Adjudication and Settlement of
Claims System of Records.'' This system of records allows the
Department of Homeland Security/United States Coast Guard to collect
and preserve the records associated with military personnel salary
claims. As a result of the biennial review of this system, the system
manager and address and record source categories have been updated.
Additionally, this notice includes non-substantive changes to simplify
the
[[Page 74740]]
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-
2014-0070 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--016 Adjudication and Settlement of
Claims System of Records. The collection and maintenance of this
information will assist DHS/USCG in meeting its statutory obligation to
adjudicate and settle salary claims received by USCG military
personnel. The DHS/USCG-016 Adjudication and Settlement of Claims
System of Records is the USCG's record system used for the collection
and maintenance of records that concern the adjudication and settlement
of claims concerning the amounts of pay received by USCG military
personnel. As a result of a biennial review of the system, the system
manager and address and record source categories have been updated to
include the new command name, office symbol, and mail stop.
Consistent with DHS's information-sharing mission, information
stored in the DHS/USCG-016 Adjudication and Settlement of Claims 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-016 Adjudication and
Settlement of Claims 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-016
System name:
DHS/USCG-016 Adjudication and Settlement of Claims System of
Records.
Security classification:
Unclassified.
System location:
USCG maintains records at the United States Coast Guard
Headquarters in Washington, DC and field offices.
Categories of individuals covered by the system:
Categories of individuals covered by this system include active
duty, reserve, retired active duty, and retired reserve military
personnel who submit claims against USCG related to monetary disputes.
Categories of records in the system:
Individual's name;
Social Security number or Employee ID Number (EMPLID);
Leave and earnings statements; and
Other related information regarding claims arising out of
disputes concerning amounts of pay received.
Authority for maintenance of the system:
Departmental Regulations, 5 U.S.C. 301, 5512-5514; 10 U.S.C. 939,
1442, 1453, 2774-2775; 14 U.S.C. 461; 31 U.S.C. 3716; 37 U.S.C. 1007;
the Federal Records Act, 44 U.S.C. 3101; Debt Collection Act of 1982,
Public Law 97-276, Section 124; Debt Collection Improvement Act of
1996, Public Law 104-132; Federal Claims Collection Standards, 31 CFR
Chapter IX.
Purpose(s):
The purpose of this system is to adjudicate and settle claims
related to salary disputes, overpayments resulting from travel and
transportation entitlement, claims from spouses, former spouses or
widows of military personnel involving an annuity, and other similar
activities when submitted by USCG active duty, reserve, and retired
active duty and retired reserve military personnel.
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 or
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 (DOJ), 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 relevant or 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 or former employee of DHS in his/her official
capacity;
3. Any employee or former employee of DHS in his/her individual
capacity when DOJ or DHS has agreed to represent the employee; or
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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 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) that rely 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, 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 authorized officials of the Internal Revenue Service, General
Accountability Office (GAO), and the Civil Service Commission, as
required, to address salary claims submitted by USCG military and
civilian personnel.
I. To a court, magistrate, or administrative tribunal in the course
of presenting evidence, including disclosures 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.
J. 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:
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 retrieves records by claimant's name, employee ID (EMPLID), or
Social Security number.
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 until adjudication and settlement. USCG
retains most submissions for present setting value, as required. USCG
retains records for 10 years, 3 months after the year in which the
Government's right to collect first accrued. (AUTH: GRS 6, Item
10b(2)(a))(Records Officer).
System Manager and address:
Commandant (CG-12), 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.
[[Page 74742]]
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 individuals, USCG payroll offices, legal
staff, investigators, Personnel Directorate, Comptroller General, GAO,
and congressional correspondence.
Exemptions claimed for the system:
None.
Dated: November 18, 2014.
Karen L. Neuman,
Chief Privacy Officer, Department of Homeland Security.
[FR Doc. 2014-29381 Filed 12-15-14; 8:45 am]
BILLING CODE 9110-04-P
