Privacy Act of 1974; United States Coast Guard-019 Non-Federal Invoice Processing System of Records, 77790-77793 [E8-29811]
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Federal Register / Vol. 73, No. 245 / Friday, December 19, 2008 / Notices
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 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:
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
claimant’s name, employee ID
(EMPLID), or social security number.
SAFEGUARDS:
Records in this system are
safeguarded in accordance with
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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:
Records are retained until
adjudication and settlement. Most
submissions are retained for present
setting value, as required. Records are
retained 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, 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,
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 of
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 will not be able to conduct an
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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:
Individual, USCG payroll offices,
legal staff, investigators, Director of
Personnel and Management,
Comptroller General, GAO, and
congressional correspondence.
EXEMPTIONS CLAIMED FOR THE SYSTEM:
None.
Dated: December 10, 2008.
Hugo Teufel III
Chief Privacy Officer, Department of
Homeland Security.
[FR Doc. E8–29810 Filed 12–18–08; 8:45 am]
BILLING CODE 4410–10–P
DEPARTMENT OF HOMELAND
SECURITY
Office of the Secretary
[Docket No. DHS–2008–0143]
Privacy Act of 1974; United States
Coast Guard–019 Non-Federal Invoice
Processing System of Records
Privacy Office; DHS.
Notice of Privacy Act system of
AGENCY:
ACTION:
records.
SUMMARY: In accordance with the
Privacy Act of 1974 and as part of the
Department of Homeland Security’s
ongoing effort to review and update
legacy system of records notices, the
Department of Homeland Security is
giving notice that it proposes to update
and reissue the following legacy record
system DOT/CG 576 Non-Federal
Invoice Processing System (April 11,
2000) as a Department of Homeland
Security system of records notice titled,
United States Coast Guard–019 NonFederal Invoice Processing System.
Non-Federal Invoice Processing System
is a program that facilitates processing
of active duty member and dependent
dental claims. 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 and the United
States Coast Guard’s–019 Non-Federal
Invoice Processing System record
system. This new system will be
included in the Department of
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Federal Register / Vol. 73, No. 245 / Friday, December 19, 2008 / Notices
Homeland Security’s inventory of
record systems.
DATES: Written comments must be
submitted on or before January 20, 2009.
ADDRESSES: You may submit comments,
identified by docket number DHS–
2008–0143 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 (November 25, 2002), the
Department of Homeland Security
(DHS) and its components and offices
have relied on preexisting Privacy Act
systems of records notices for the
maintenance of records that concern
invoices processed by the United States
Coast Guard (USCG) Non-Federal
Invoice Processing System (NIPS).
As part of its efforts to streamline and
consolidate its record systems, DHS is
updating and reissuing a USCG system
of records under the Privacy Act (5
U.S.C. 552a) that deals with invoices
processed by NIPS. This record system
will allow DHS/USCG to collect and
preserve the records regarding invoices
processed by NIPS. NIPS is an
electronic database that provides for
simple tracking and accounting of
dental claims. The collection and
maintenance of this information will
assist DHS/USCG in meeting its
obligation to record invoices processed
by NIPS.
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In accordance with the Privacy Act of
1974 and as part of the Department of
Homeland Security’s ongoing effort to
review and update legacy system of
records notices, the Department of
Homeland Security is giving notice that
it proposes to update and reissue the
following legacy record system DOT/CG
576 Non-Federal Invoice Processing
System (NIPS) (65 FR 19476, April 11,
2000) as a Department of Homeland
Security/United States Coast Guard
system of records notice titled, NonFederal Invoice Processing System.
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 reflect the Department of
Homeland Security and the United
States Coast Guard’s—019 Non-Federal
Invoice Processing System record
system. This new system will be
included in the Department of
Homeland Security’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 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
for 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
United States citizens and lawful
permanent residents. As a matter of
policy, DHS extends administrative
Privacy Act protections to all
individuals where systems of records
maintain information on U.S. citizens,
lawful permanent residents, and
visitors. Individuals may request access
to 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 part 5.
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 to which
their records are put, and to assist
individuals to more easily find such
files within the agency. Below is the
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description of the NIPS 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–019
SYSTEM NAME:
United States Coast Guard—019 NonFederal Invoice Processing System.
SECURITY CLASSIFICATION:
Unclassified.
SYSTEM LOCATION:
Records are maintained at the United
States Coast Guard Maintenance and
Logistics Command Atlantic in Norfolk,
VA.
CATEGORIES OF INDIVIDUALS COVERED BY THE
SYSTEM:
Categories of individuals covered by
this system include active duty, reserve,
and retired members of the uniformed
services and their eligible dependents,
as well as non-Federal health care
providers that have rendered services to
eligible beneficiaries.
CATEGORIES OF RECORDS IN THE SYSTEM:
Categories of records in this system
include:
• Individual’s name;
• Social security number;
• Social security number of
dependent’s sponsor;
• Tax identification number of dental
provider
• Correspondence, memoranda, and
related documents concerning potential
and actual health care invoices for
processing by NIPS;
• Dental treatment and related
medical records provided to the
individual that are the subject of an
invoice for non-Federal health care
provided to an eligible beneficiary; and
• Automated data processing (ADP)
records containing identifying data on
individuals including: Units of
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assignment and address, home address,
and information necessary to process
and monitor bills for payment.
AUTHORITY FOR MAINTENANCE OF THE SYSTEM:
5 U.S.C. 301; 10 U.S.C. 1091; 14
U.S.C. 93.
PURPOSE(S):
The purpose of the USCG NonFederal Invoice Processing System is to
maintain an electronic record of dental
invoices for Coast Guard active duty
member, reserve, retired, and
dependent, so that USCG can pay such
invoices.
ROUTINE USES OF RECORDS MAINTAINED IN THE
SYSTEM, INCLUDING CATEGORIES OF USERS AND
THE PURPOSES OF SUCH USES:
Note: 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
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.
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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 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, 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 healthcare professionals:
medical information, including records
of healthcare and medical invoices to
support a government claim.
DISCLOSURE TO CONSUMER REPORTING
AGENCIES:
None.
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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,
Social Security number of member or
dependents sponsor, or name or tax
identification number of non-Federal
healthcare provider.
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
individuals who have a need to know
the information for the performance of
their official duties and who have
appropriate clearances or permissions.
The system maintains a real-time
auditing function of individuals who
access the system. Additional
safeguards may vary by component and
program.
RETENTION AND DISPOSAL:
Records are retained for one year from
date of service; transferred to a Federal
Record Center and retained for an
additional 5 years 3 months, and
destroyed thereafter. (AUTH: GRS 6,
Item 1a)
SYSTEM MANAGER AND ADDRESS:
United States Coast Guard
Maintenance and Logistics Command
Atlantic Health and Safety Division
(MLC LANT (k)), 300 East Main Street,
Suite 1000, Norfolk, VA 23510–9103.
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,
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,
E:\FR\FM\19DEN1.SGM
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Federal Register / Vol. 73, No. 245 / Friday, December 19, 2008 / Notices
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 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 will 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:
From the individual, individual’s
spouse, parent or guardian. Medical
facilities (United States Coast Guard,
Department of Defense, uniformed
Services Treatment Facility, or nonFederal, provider) where beneficiaries
are treated. From Active Duty and
Enlisted Personnel; DHS/USCG–005
Military Services Personnel. From
Reserve personnel—the Official Coast
Guard Reserve Service Record System,
DHS/USCG–028. Investigations
resulting from illness or injury.
EXEMPTIONS CLAIMED FOR THE SYSTEM:
None.
Dated: December 10, 2008.
Hugo Teufel III,
Chief Privacy Officer, Department of
Homeland Security.
[FR Doc. E8–29811 Filed 12–18–08; 8:45 am]
BILLING CODE 4410–10–P
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17:29 Dec 18, 2008
Jkt 217001
DEPARTMENT OF HOMELAND
SECURITY
Office of the Secretary
[Docket No. DHS–2008–0097]
Privacy Act of 1974; Federal
Emergency Management Agency—007
National Flood Insurance Program
Marketing Files System of Records
Privacy Office; DHS.
Notice of Privacy Act system of
AGENCY:
ACTION:
records.
SUMMARY: In accordance with the
Privacy Act of 1974, the Department of
Homeland Security is giving notice that
it proposes to consolidate three legacy
record systems into a Department of
Homeland Security system of records
notice titled, Federal Emergency
Management Agency National Flood
Insurance Program Marketing Files:
FEMA/FIMA–4 National Flood
Insurance Program Marketing Records
and Related Files (January 23, 2002),
FEMA/FIMA–5 National Flood
Insurance Program Telephone Response
Center (TRC) Consumer and
Policyholder Records and Related
Documents Files (January 23, 2002), and
FEMA/MIT–7 Flood Map Customer
Records (June 8, 2001). This system will
allow the Department of Homeland
Security to market the Department of
Homeland Security Federal Emergency
Management Agency—006 National
Flood Insurance Program. Categories of
individuals, categories of records, and
the routine uses of these legacy system
of records notices have been
consolidated and updated to better
reflect the National Flood Insurance
Program marketing record systems. This
system will be included in the
Department’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–
2008–0097 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
PO 00000
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77793
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:
Federal Emergency Management Agency
Privacy Officer, Federal Emergency
Management Agency. 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 (November 25, 2002), the
Department of Homeland Security
(DHS)/Federal Emergency Management
Agency (FEMA) have relied on
preexisting Privacy Act systems of
records notices for the collection and
maintenance of records pertaining to the
marketing of the National Flood
Insurance Program, which is
administered by DHS/FEMA.
In 1968, Congress created the National
Flood Insurance Program (NFIP) in
response to the rising cost of taxpayer
funded disaster relief for flood victims
and the increasing amount of damage
caused by floods.
Nearly 20,000 communities across the
United States and its territories
participate in the NFIP by adopting and
enforcing floodplain management
ordinances to reduce future flood
damage. In exchange, the NFIP makes
federally-backed flood insurance
available to homeowners, renters, and
business owners in these communities.
Typically, a home or business owner
will seek flood insurance from an
insurance company that provides other
lines of business such as traditional car
insurance or property and casualty
homeowners insurance. In other cases, a
mortgage lender will require flood
insurance in addition to regular
homeowner’s insurance. If a home
owner’s insurance company participates
in the NFIP’s Write-Your-Own (WYO)
program, and the home or business
owner’s building is located in a
participating NFIP community, the
home or business owner can purchase
flood insurance.
The NFIP Marketing Files SORN
allows DHS/FEMA to market the NFIP
program to home and business owners
E:\FR\FM\19DEN1.SGM
19DEN1
]]>Agencies
[Federal Register Volume 73, Number 245 (Friday, December 19, 2008)]
[Notices]
[Pages 77790-77793]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E8-29811]
-----------------------------------------------------------------------
DEPARTMENT OF HOMELAND SECURITY
Office of the Secretary
[Docket No. DHS-2008-0143]
Privacy Act of 1974; United States Coast Guard-019 Non-Federal
Invoice Processing System of Records
AGENCY: Privacy Office; DHS.
ACTION: Notice of Privacy Act system of records.
-----------------------------------------------------------------------
SUMMARY: In accordance with the Privacy Act of 1974 and as part of the
Department of Homeland Security's ongoing effort to review and update
legacy system of records notices, the Department of Homeland Security
is giving notice that it proposes to update and reissue the following
legacy record system DOT/CG 576 Non-Federal Invoice Processing System
(April 11, 2000) as a Department of Homeland Security system of records
notice titled, United States Coast Guard-019 Non-Federal Invoice
Processing System. Non-Federal Invoice Processing System is a program
that facilitates processing of active duty member and dependent dental
claims. 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 and
the United States Coast Guard's-019 Non-Federal Invoice Processing
System record system. This new system will be included in the
Department of
[[Page 77791]]
Homeland Security's inventory of record systems.
DATES: Written comments must be submitted on or before January 20,
2009.
ADDRESSES: You may submit comments, identified by docket number DHS-
2008-0143 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 (November 25,
2002), the Department of Homeland Security (DHS) and its components and
offices have relied on preexisting Privacy Act systems of records
notices for the maintenance of records that concern invoices processed
by the United States Coast Guard (USCG) Non-Federal Invoice Processing
System (NIPS).
As part of its efforts to streamline and consolidate its record
systems, DHS is updating and reissuing a USCG system of records under
the Privacy Act (5 U.S.C. 552a) that deals with invoices processed by
NIPS. This record system will allow DHS/USCG to collect and preserve
the records regarding invoices processed by NIPS. NIPS is an electronic
database that provides for simple tracking and accounting of dental
claims. The collection and maintenance of this information will assist
DHS/USCG in meeting its obligation to record invoices processed by
NIPS.
In accordance with the Privacy Act of 1974 and as part of the
Department of Homeland Security's ongoing effort to review and update
legacy system of records notices, the Department of Homeland Security
is giving notice that it proposes to update and reissue the following
legacy record system DOT/CG 576 Non-Federal Invoice Processing System
(NIPS) (65 FR 19476, April 11, 2000) as a Department of Homeland
Security/United States Coast Guard system of records notice titled,
Non-Federal Invoice Processing System. 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 reflect the
Department of Homeland Security and the United States Coast Guard's--
019 Non-Federal Invoice Processing System record system. This new
system will be included in the Department of Homeland Security'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 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 for 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 United States citizens and lawful
permanent residents. As a matter of policy, DHS extends administrative
Privacy Act protections to all individuals where systems of records
maintain information on U.S. citizens, lawful permanent residents, and
visitors. Individuals may request access to 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
part 5.
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 to
which their records are put, and to assist individuals to more easily
find such files within the agency. Below is the description of the NIPS
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-019
System name:
United States Coast Guard--019 Non-Federal Invoice Processing
System.
Security classification:
Unclassified.
System location:
Records are maintained at the United States Coast Guard Maintenance
and Logistics Command Atlantic in Norfolk, VA.
Categories of individuals covered by the system:
Categories of individuals covered by this system include active
duty, reserve, and retired members of the uniformed services and their
eligible dependents, as well as non-Federal health care providers that
have rendered services to eligible beneficiaries.
Categories of records in the system:
Categories of records in this system include:
Individual's name;
Social security number;
Social security number of dependent's sponsor;
Tax identification number of dental provider
Correspondence, memoranda, and related documents
concerning potential and actual health care invoices for processing by
NIPS;
Dental treatment and related medical records provided to
the individual that are the subject of an invoice for non-Federal
health care provided to an eligible beneficiary; and
Automated data processing (ADP) records containing
identifying data on individuals including: Units of
[[Page 77792]]
assignment and address, home address, and information necessary to
process and monitor bills for payment.
Authority for maintenance of the system:
5 U.S.C. 301; 10 U.S.C. 1091; 14 U.S.C. 93.
Purpose(s):
The purpose of the USCG Non-Federal Invoice Processing System is to
maintain an electronic record of dental invoices for Coast Guard active
duty member, reserve, retired, and dependent, so that USCG can pay such
invoices.
Routine uses of records maintained in the system, including categories
of users and the purposes of such uses:
Note: 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 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 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, 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 healthcare professionals: medical information, including
records of healthcare and medical invoices to support a government
claim.
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, Social Security number of member
or dependents sponsor, or name or tax identification number of non-
Federal healthcare provider.
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 individuals who have a need to know the
information for the performance of their official duties and who have
appropriate clearances or permissions. The system maintains a real-time
auditing function of individuals who access the system. Additional
safeguards may vary by component and program.
Retention and disposal:
Records are retained for one year from date of service; transferred
to a Federal Record Center and retained for an additional 5 years 3
months, and destroyed thereafter. (AUTH: GRS 6, Item 1a)
System Manager and address:
United States Coast Guard Maintenance and Logistics Command
Atlantic Health and Safety Division (MLC LANT (k)), 300 East Main
Street, Suite 1000, Norfolk, VA 23510-9103.
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, 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,
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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 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 will 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:
From the individual, individual's spouse, parent or guardian.
Medical facilities (United States Coast Guard, Department of Defense,
uniformed Services Treatment Facility, or non-Federal, provider) where
beneficiaries are treated. From Active Duty and Enlisted Personnel;
DHS/USCG-005 Military Services Personnel. From Reserve personnel--the
Official Coast Guard Reserve Service Record System, DHS/USCG-028.
Investigations resulting from illness or injury.
Exemptions claimed for the system:
None.
Dated: December 10, 2008.
Hugo Teufel III,
Chief Privacy Officer, Department of Homeland Security.
[FR Doc. E8-29811 Filed 12-18-08; 8:45 am]
BILLING CODE 4410-10-P
