Privacy Act of 1974; United States Coast Guard-011 Military Personnel Health Records System of Records, 77773-77776 [E8-29805]

Agencies

• Office of the Secretary
• DEPARTMENT OF HOMELAND SECURITY

[Federal Register Volume 73, Number 245 (Friday, December 19, 2008)]
[Notices]
[Pages 77773-77776]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E8-29805]


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DEPARTMENT OF HOMELAND SECURITY

Office of the Secretary

[Docket No. DHS-2008-0111]


Privacy Act of 1974; United States Coast Guard--011 Military 
Personnel Health Records System of Records

AGENCY: Privacy Office; DHS.

ACTION: Notice of Privacy Act system of records.

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SUMMARY: In accordance with the Privacy Act of 1974 and as part of the 
Department of Homeland Security Privacy Office's ongoing effort to 
review and update legacy system of record notices, the Department of 
Homeland Security is giving notice that it proposes to update and 
reissue the following legacy record system DOT/CG 572 Military 
Personnel Health Record System (April 11, 2000) as a Department of 
Homeland Security system of records notice titled, United States Coast 
Guard Military--011 Personnel Health Record System Files. This system 
will be used by the United States Coast Guard to collect and maintain 
records of normal duty rotations, suitability of members for overseas 
assignments, develop automated information relating to medical 
readiness in wartime and contingence operations, determine eligibility 
for disability, and to maintain health care records. Categories of 
individuals, categories of records, and the routine uses of this legacy 
system of records notice have been reviewed and updated to better 
reflect the Department of Homeland Security/United States Coast Guard's 
military personnel health record system. This new system will be 
included in the Department of Homeland Security's inventory of record 
systems.

DATES: Written comments must be submitted on or before January 20, 
2009. This new system will be effective January 20, 2009.

ADDRESSES: You may submit comments, identified by docket number DHS-
2008-0111 by one of the following methods:
     Federal e-Rulemaking Portal: https://www.regulations.gov. 
Follow the instructions for submitting comments.
     Fax: 1-866-466-5370.
     Mail: Hugo Teufel III, Chief Privacy Officer, Privacy 
Office, Department of Homeland Security, Washington, DC 20528.
     Instructions: All submissions received must include the 
agency name and docket number for this rulemaking. All comments 
received will be posted without change and may be read at https://
www.regulations.gov, including any personal information provided.
     Docket: For access to the docket, to read background 
documents, or comments received, go to https://www.regulations.gov.

FOR FURTHER INFORMATION CONTACT: For general questions please contact: 
David Roberts (202-475-3521), Privacy Officer, United States Coast 
Guard. For privacy issues please contact: Hugo Teufel III (703-235-
0780), Chief Privacy Officer, Privacy Office, U.S. Department of 
Homeland Security, Washington, DC 20528.

SUPPLEMENTARY INFORMATION:

I. Background

    Pursuant to the savings clause in the Homeland Security Act of 
2002, Public Law 107-296, Section 1512, 116 Stat. 2310 (Nov. 25, 2002), 
the Department of Homeland Security (DHS)/United States Coast Guard 
(USCG) have relied on preexisting Privacy Act systems of records 
notices for the collection and maintenance of records that concern 
military personnel health records.
    As part of its efforts to streamline and consolidate its record 
systems, DHS/USCG is updating and reissuing a DHS/USCG system of 
records under the Privacy Act (5 U.S.C. 552a) that deals with DHS/
USCG's military personnel health records. This record system will allow 
DHS/USCG to collect and maintain records regarding military personnel 
health records. The collection and maintenance of this information will 
assist DHS/USCG in meeting its obligation to manage the military 
personnel health records.
    In accordance with the Privacy Act of 1974 and as part of the DHS 
Privacy Office's ongoing effort to review and update legacy system of 
record notices, DHS is giving notice that it proposes to update and 
reissue the following legacy record system DOT/CG 572 Military 
Personnel Health Record System (65 FR 19475 4/11/2000) as a DHS/USCG 
system of records notice titled, DHS/USCG--011 Military Personnel 
Health Record System Files. This system will be used by the United 
States Coast Guard to collect and maintain records of normal duty 
rotations, suitability of members for overseas assignments, develop 
automated information relating to medical readiness in wartime and 
contingence operations, determine eligibility for disability, and to 
maintain health care records. Categories of individuals and categories 
of records have been reviewed, and the routine uses of this legacy 
system of records notice have been updated to better

[[Page 77774]]

reflect the DHS/USCG's military personnel health record system. This 
new system will be included in DHS's inventory of record systems.

II. Privacy Act

    The Privacy Act embodies fair information principles in a statutory 
framework governing the means by which the United States Government 
collects, maintains, uses and disseminates personally identifiable 
information. 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 stored 
and retrieved by the name of the individual or by some identifying 
number such as property address, mailing address, or symbol assigned to 
the individual. In the Privacy Act, an individual is defined to 
encompass United States citizens and lawful permanent residents. DHS 
extends administrative Privacy Act protections to all individuals where 
information is maintained on both U.S. citizens, lawful permanent 
residents, and visitors. Individuals may request their own records that 
are maintained in a system of records in the possession or under the 
control of DHS by complying with DHS Privacy Act regulations, 6 CFR 
5.21.
    The Privacy Act requires each agency to publish in the Federal 
Register a description denoting the type and character of each system 
of records that the agency maintains, and the routine uses that are 
contained in each system in order to make agency record keeping 
practices transparent, to notify individuals regarding the uses of 
their records, and to assist individuals to more easily find such files 
within the agency. Below is the description of the Military Personnel 
Health System of Records.

III. Health Insurance Portability and Accountability Act

    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.
    In accordance with 5 U.S.C. 552a(r), DHS has provided a report of 
this new system of records to the Office of Management and Budget and 
to Congress.
System of Records: DHS/USCG-011

System name:
    United States Coast Guard Military Personnel Health Records System.

Security classification:
    Unclassified.

System location:
    Records are maintained at USCG Headquarters in Washington, DC, in 
field locations, and at USCG health care facilities at which USCG 
military personnel or eligible dependents receive treatment.

Categories of individuals covered by the system:
    Active duty, reserve, retired active duty, reserve USCG military 
personnel or their eligible dependents, USCG Academy cadets, auxiliary 
while performing Coast Guard duties, members of foreign military 
services, federal employees assigned to USCG vessels, seamen, non-
federally employed civilians aboard USCG vessels and civilians 
receiving physical exams prior to entry into the USCG.

Categories of records in the system:
    Categories of records in this system include:
     Military personnel's name;
     Eligible dependant's name;
     Social security number;
     Employee ID;
     Date of Birth;
     Medical History;
     Records of medical and dental treatment, for example x-
rays, physical examinations, psychological examinations;
     Records containing due date for physical/dental and eye 
examinations, inoculations, screening tests and results of actions 
required by USCG or other Federal, State or local government or agency; 
and
     Records concerning line of duty determination and 
eligibility for disability benefits.

Authority for maintenance of the system:
    5 U.S.C. 301: The Federal Records Act, 44 U.S.C. 3101; Departmental 
Regulations; 10 U.S.C. 1071-1107; Medical and Dental Care; 14 U.S.C. 
93(a)(17); 14 U.S.C. 632: Functions and powers vested in the 
Commandant.

Purpose(s):
    To determine normal duty rotations, suitability of members for 
overseas assignments, develop automated information relating to medical 
readiness in wartime and contingence operations, determine eligibility 
for disability, and to maintain health care records as a function of 
general health maintenance.

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. Theses 
statutes take precedence over the Privacy Act of 1974 to the extent 
that disclosure is more limited. However, access to the record by 
the individual to whom the record pertains is governed by the 
Privacy Act. The Routine Uses set forth below do not apply to this 
information.


    Note: For other records than those mentioned in the note 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 or other Federal agency conducting 
litigation or in proceedings before any court, adjudicative or 
administrative body, when:
    1. DHS or any component thereof;
    2. Any employee of DHS in his/her official capacity;
    3. Any employee of DHS in his/her individual capacity where DOJ or 
DHS has agreed to represent the employee; or
    4. The United States or any agency thereof, is a party to the 
litigation or has an interest in such litigation, and DHS determines 
that the records are both relevant and necessary to the litigation and 
the use of such records is compatible with the purpose for which DHS 
collected the records.
    B. To a congressional office from the record of an individual in 
response to

[[Page 77775]]

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 or other 
Federal government agencies pursuant to records management inspections 
being conducted under the authority of 44 U.S.C. 2904 and 2906.
    D. To an agency, organization, or individual for the purpose of 
performing audit or oversight operations as authorized by law, but only 
such information as is necessary and relevant to such audit or 
oversight function.
    E. To appropriate agencies, entities, and persons when:
    1. DHS suspects or has confirmed that the security or 
confidentiality of information in the system of records has been 
compromised;
    2. The Department has determined that as a result of the suspected 
or confirmed compromise there is a risk of harm to economic or property 
interests, identity theft or fraud, or harm to the security or 
integrity of this system or other systems or programs (whether 
maintained by DHS or another agency or entity) or harm to the 
individual who relies upon the compromised information; and
    3. The disclosure made to such agencies, entities, and persons is 
reasonably necessary to assist in connection with DHS's efforts to 
respond to the suspected or confirmed compromise and prevent, minimize, 
or remedy such harm.
    F. To contractors and their agents, grantees, experts, consultants, 
and others performing or working on a contract, service, grant, 
cooperative agreement, or other assignment for DHS, when necessary to 
accomplish an agency function related to this system of records. 
Individuals provided information under this routine use are subject to 
the same Privacy Act requirements and limitations on disclosure as are 
applicable to DHS officers and employees.
    G. To an appropriate Federal, State, tribal, local, international, 
or foreign law enforcement agency or other appropriate authority 
charged with investigating or prosecuting a violation or enforcing or 
implementing a law, rule, regulation, or order, where a record, either 
on its face or in conjunction with other information, indicates a 
violation or potential violation of law, which includes criminal, 
civil, or regulatory violations and such disclosure is proper and 
consistent with the official duties of the person making the 
disclosure.
    H. To Federal, State, or local governments and agencies to compile 
statistical data for research and auditing; to provide quality 
assurance; to report medical conditions and other data required by law; 
to aid in preventive health and communicable disease control programs.
    I. To the Accreditation Association for Ambulatory Health Care, 
Inc. to evaluate health care provided, personnel, and facilities for 
professional certification and hospital accreditation; to provide 
quality services.
    J. To the Department of Defense to analyze the results of 
communicable diseases, to ensure uniformity of record keeping, and to 
centralize production of reports for all uniformed services.
    K. To the Department of Defense or other Federal, State, or local 
governments and agencies for casualty identification purposes.
    L. To the Social Security Administration and Veterans 
Administration for use in determining an individual's entitlement to 
benefits administered by those agencies.
    M. To the Public Health Service, Department of Defense, or Veterans 
Administration medical personnel or to personnel or facilities 
providing care to eligible beneficiaries under contract in connection 
with medical treatment of individuals.
    N. To the Department of Health and Human Services for purposes of 
the Federal Medical Care Recovery Act. Records are available to the 
Public Health Service or Department of Defense medical personnel in 
connection with medical treatment of individuals at the Public Health 
Service or Department of Defense facilities.

Disclosure to consumer reporting agencies:
    None.

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

Retrievability:
    Records may be retrieved by name and sponsor's social security 
number.

Safeguards:
    Records in this system are safeguarded in accordance with 
applicable rules and policies, including all applicable DHS automated 
systems security and access policies. Strict controls have been imposed 
to minimize the risk of compromising the information that is being 
stored. Access to the computer system containing the records in this 
system is limited to those individual 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:
    A. Active Duty Personnel: Individual medical files are retained at 
the military personnel's unit or healthcare facility at which the 
military personnel receives care for so long as individual is assigned 
to the particular area. When the military personnel is reassigned, the 
individual medical file is transferred to the new duty station upon 
reassignment of military personnel. Upon separation or retirement, the 
medical file is incorporated into DHS/USCG-005 Military Services 
Personnel.
    B. Retired Personnel: military personnel medical files are retained 
at the medical facility for a period of 6 years from date of last 
activity. Six years after the last report, the files are transferred to 
National Personnel Records Center (Military Personnel Records), 9700 
Page Blvd, St. Louis, MO 63132.
    C. Dependents: dependent's medical files are retained at the 
medical treatment facility for period of 6 years from date of last 
activity. Transferred to new duty station of sponsor upon written 
request of dependent. Records not transferred are forwarded to National 
Personnel Records Center, CPR, 111 Winnebago Street, St. Louis, MO 
63118 six years after last activity.
    D. Reserve Personnel: reservist medical files are retained in 
custody of the reserve group or unit, or healthcare facility at which 
the member receives care for so long as the reservist is assigned to 
the particular area. When the reservist is reassigned, the medical file 
is transferred to the new reserve group or unit or district commander 
as appropriate. Upon separation or retirement, the medical file is 
incorporated into Official USCG Reserve Service Record System, DHS/
USCG-028.

System Manager and address:
    Commandant, CG-11, United States Coast Guard Headquarters, 
Director, Health and Safety Directorate, 2100 2nd Street, SW., 
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 USCG,

[[Page 77776]]

Commandant (CG-611), 2100 2nd St., SW., Attn: FOIA Coordinator, 
Washington, DC 20593-0001.
    When seeking records about yourself from this system of records or 
any other USCG 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 to 
you under 28 U.S.C. 1746, a law that permits statements to be made 
under penalty or perjury as a substitute for notarization. While no 
specific form is required, you may obtain forms for this purpose from 
the Director, Disclosure and FOIA, https://www.dhs.gov or 1-866-431-
0486. In addition you should provide the following:
     An explanation of why you believe the Department would 
have information on you,
     Specify when you believe the records would have been 
created,
     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 this bulleted information the USCG 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:
    Medical facilities where beneficiaries treated or examined; 
investigations resulting from illness or injury; the individual.

Exemptions claimed for the system:
    None.

    Dated: December 10, 2008.
Hugo Teufel III,
Chief Privacy Officer, Department of Homeland Security.
[FR Doc. E8-29805 Filed 12-18-08; 8:45 am]
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