Privacy Act of 1974; United States Coast Guard-021 Appointment of Trustee or Guardian for Mentally Incompetent Personnel Files System of Records, 77802-77804 [E8-29844]
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Federal Register / Vol. 73, No. 245 / Friday, December 19, 2008 / Notices
52984 October 18, 2001), Treasury/
CS.252 Valuables Shipped Under the
Government Losses in Shipment Act (66
FR 52984 October 18, 2001), Treasury/
CS.171 Pacific Basin Reporting Network
(66 FR 52984 October 18, 2001), and
Treasury/CS.050 Community Leader
Survey (66 FR 52984 October 18, 2001).
Treasury/CS.197 Private Aircraft/
Vessel Inspection Reporting System was
originally established to track and assist
the U.S. Customs Service in managing
pilots and vessel masters arriving in the
United States, but is no longer
operational.
Treasury/CS.252 Valuables Shipped
Under the Government Losses in
Shipment Act was originally established
to track and assist the U.S. Customs
Service in collecting and transmitting
funds for deposit, but is no longer
operational.
Treasury/CS.171 Pacific Basin
Reporting Network was originally
established to track and assist the U.S.
Customs Service in managing masters,
operators, pilots, crew members and
passengers traveling, in, around, or
through the Pacific Basin, but is no
longer operational.
Treasury/CS.050 Community Leader
Survey was originally established to
track individuals and organizations that
may be identified as occupying a
community leadership role and in a
position to furnish information or pose
influence to equal employment
opportunity, but is no longer
operational.
Eliminating these systems of records
notices will have no adverse impacts on
individuals, but will promote the
overall streamlining and management of
DHS Privacy Act record systems.
Dated: December 10, 2008.
Hugo Teufel III,
Chief Privacy Officer, Department of
Homeland Security.
[FR Doc. E8–29840 Filed 12–18–08; 8:45 am]
BILLING CODE 4410–10–P
DEPARTMENT OF HOMELAND
SECURITY
Office of the Secretary
[Docket No. DHS–2008–0141]
Privacy Act of 1974; United States
Coast Guard—021 Appointment of
Trustee or Guardian for Mentally
Incompetent Personnel Files System of
Records
Privacy Office; DHS.
Notice of Privacy Act system of
AGENCY:
ACTION:
records.
VerDate Aug<31>2005
17:29 Dec 18, 2008
Jkt 217001
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 637 Appointment of
Trustee or Guardian for Mentally
Incompetent Personnel (April 11, 2000)
as a Department of Homeland Security
system of records notice titled, DHS/
USCG—021 Appointment of Trustee or
Guardian for Mentally Incompetent
Personnel. 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 Appointment of Trustee or
Guardian for Mentally Incompetent
Personnel 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.
ADDRESSES: You may submit comments,
identified by docket number DHS–
2008–0141 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
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Fmt 4703
Sfmt 4703
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 the appointment of
a trustee or guardian for mentally
incompetent United States Coast Guard
(USCG) personnel and for their
dependents who are eligible for
annuities.
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 the
appointment of a trustee or guardian for
mentally incompetent USCG personnel
and for their dependents who are
eligible for annuities. This record
system will allow DHS/USCG to collect
and preserve the records regarding the
appointment of a trustee or guardian for
mentally incompetent USCG personnel.
The collection and maintenance of this
information will assist DHS/USCG in
meeting its obligation to maintain
information on incompetent USCG
military personnel, their dependents
and survivors for the purpose of
determining eligibility for DHS/USCG
benefits such as military retired pay or
the Survivor Benefit Plan for
dependents, and the closely-related
Veterans Affairs benefits.
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
637 Appointment of Trustee or
Guardian for Mentally Incompetent
Personnel (65 FR 19476 4/11/2000) as a
Department of Homeland Security/
United States Coast Guard system of
records notice titled, Appointment of
Trustee or Guardian for Mentally
Incompetent Personnel. 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 Appointment of Trustee or
Guardian for Mentally Incompetent
Personnel 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
E:\FR\FM\19DEN1.SGM
19DEN1
Federal Register / Vol. 73, No. 245 / Friday, December 19, 2008 / Notices
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 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. An approved trustee or
guardian may do the same on behalf of
an individual.
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
personally identifiable information is
put, and to assist individuals to more
easily find such files within the agency.
Below is the description of the
Appointment of Trustee or Guardian for
Mentally Incompetent Personnel Files
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–021.
VerDate Aug<31>2005
17:29 Dec 18, 2008
Jkt 217001
SYSTEM NAME:
United States Coast Guard—021
Appointment of Trustee or Guardian for
Mentally Incompetent Personnel.
SECURITY CLASSIFICATION:
Unclassified.
SYSTEM LOCATION:
Records are maintained 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 Coast Guard
military personnel (regular, reserve,
active duty and retired) and their
dependents or survivors who are
mentally incompetent and the guardian
or trustee.
CATEGORIES OF RECORDS IN THE SYSTEM:
Categories of records in this system
include:
• Individual’s name;
• Guardian trustee’s name and
contact information;
• Information relating to the mental
incompetence of certain Coast Guard
personnel, their dependents or
survivors;
• Records used to assist USCG
officials in appointing guardian trustees
to mentally incompetent USCG
personnel.
AUTHORITY FOR MAINTENANCE OF THE SYSTEM:
5 U.S.C. 301; 10 U.S.C. 1448, 1449; 14
U.S.C. 632; 37 U.S.C. 601–604; 33 CFR
49.05; 49 CFR 1.45, 1.46.
PURPOSE(S):
The purpose of this system is to
maintain information on mentally
incompetent USCG military personnel,
their dependents and survivors to
determine eligibility for DHS/USCG
benefits such as military retired pay or
the Survivor Benefit Plan for survivors,
and the closely-related Veterans Affairs
benefits.
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.
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Fmt 4703
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77803
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 or by the
individual’s approved trustee or
guardian.
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) 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.
E:\FR\FM\19DEN1.SGM
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Federal Register / Vol. 73, No. 245 / Friday, December 19, 2008 / Notices
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 prospective or approved
guardian trustees or appointees,
including but not limited to relatives,
lawyers, and physicians or other
designated representatives;
I. To the Department of Veteran’s
Affairs upon request for the
determination of eligibility for benefits
administered by that agency.
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
alphabetically by name.
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
VerDate Aug<31>2005
17:29 Dec 18, 2008
Jkt 217001
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:
be denied due to lack of specificity, lack
of compliance with applicable
regulations, or insufficient authority to
act on behalf of an incompetent
individual.
RECORD ACCESS PROCEDURES:
See ‘‘Notification procedure’’ above.
Records are retained for five years
after action is complete, then destroyed.
(AUTH: NC1–26–76–2, Item 577)
CONTESTING RECORD PROCEDURES:
SYSTEM MANAGER AND ADDRESS:
Coast Guard officials, legal
representatives of individuals and/or
individuals concerned, medical
personnel, and complainants.
Director, Personnel Management
Directorate, CG–12, United States Coast
Guard Headquarters, 1900 Half St., SW.,
Washington, DC 20593–0001.
NOTIFICATION PROCEDURE:
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Fmt 4703
Sfmt 4703
RECORD SOURCE CATEGORIES:
EXEMPTIONS CLAIMED FOR THE SYSTEM:
None.
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
or on behalf of a mentally incompetent
person for whom you have been
appointed trustee or guardian 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 or an incompetent person for
whom you have been appointed trustee
or guardian,
• Specify when you believe the
records would have been created,
• If your request is seeking records
pertaining to another living individual
for you to access his/her records, you
must include a statement from that
individual certifying his/her agreement
or documentation that confirms your
authority to act on behalf of that
individual.
Without this bulleted information the
USCG will not be able to conduct an
effective search, and your request may
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See ‘‘Notification procedure’’ above.
Dated: December 10, 2008.
Hugo Teufel III,
Chief Privacy Officer, Department of
Homeland Security.
[FR Doc. E8–29844 Filed 12–18–08; 8:45 am]
BILLING CODE 4410–10–P
DEPARTMENT OF HOMELAND
SECURITY
Office of the Secretary
[Docket No. DHS–2008–0146]
Privacy Act of 1974; United States
Coast Guard—027 Recruiting 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 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
the following legacy record systems
DOT/CG 627 Enlisted Recruiting
Selection Record System and DOT/CG
628 Officer, Enlisted, and Recruiter
Selection System File. These legacy
records systems will be consolidated
into a new Department of Homeland
Security system of records notice titled
Department of Homeland Security/
United States Coast Guard—027
Recruiting Files. Categories of
individuals, categories of records, and
the routine uses of these legacy system
of records notices have been updated to
better reflect the Department of
Homeland Security and the United
States Coast Guard’s recruiting record
system. Additionally, the exemptions
for this legacy system of records notice
transfer from the SORN’s legacy agency
E:\FR\FM\19DEN1.SGM
19DEN1
]]>Agencies
[Federal Register Volume 73, Number 245 (Friday, December 19, 2008)]
[Notices]
[Pages 77802-77804]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E8-29844]
-----------------------------------------------------------------------
DEPARTMENT OF HOMELAND SECURITY
Office of the Secretary
[Docket No. DHS-2008-0141]
Privacy Act of 1974; United States Coast Guard--021 Appointment
of Trustee or Guardian for Mentally Incompetent Personnel Files 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 637 Appointment of Trustee or Guardian for
Mentally Incompetent Personnel (April 11, 2000) as a Department of
Homeland Security system of records notice titled, DHS/USCG--021
Appointment of Trustee or Guardian for Mentally Incompetent Personnel.
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 Appointment of Trustee or Guardian for Mentally
Incompetent Personnel 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.
ADDRESSES: You may submit comments, identified by docket number DHS-
2008-0141 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) and its components and
offices have relied on preexisting Privacy Act systems of records
notices for the maintenance of records that concern the appointment of
a trustee or guardian for mentally incompetent United States Coast
Guard (USCG) personnel and for their dependents who are eligible for
annuities.
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 the appointment of a
trustee or guardian for mentally incompetent USCG personnel and for
their dependents who are eligible for annuities. This record system
will allow DHS/USCG to collect and preserve the records regarding the
appointment of a trustee or guardian for mentally incompetent USCG
personnel. The collection and maintenance of this information will
assist DHS/USCG in meeting its obligation to maintain information on
incompetent USCG military personnel, their dependents and survivors for
the purpose of determining eligibility for DHS/USCG benefits such as
military retired pay or the Survivor Benefit Plan for dependents, and
the closely-related Veterans Affairs benefits.
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 637 Appointment of Trustee or Guardian for
Mentally Incompetent Personnel (65 FR 19476 4/11/2000) as a Department
of Homeland Security/United States Coast Guard system of records notice
titled, Appointment of Trustee or Guardian for Mentally Incompetent
Personnel. 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 Appointment of Trustee or
Guardian for Mentally Incompetent Personnel 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
[[Page 77803]]
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 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. An approved trustee or guardian
may do the same on behalf of an individual.
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 personally identifiable information is put, and to assist
individuals to more easily find such files within the agency. Below is
the description of the Appointment of Trustee or Guardian for Mentally
Incompetent Personnel Files 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-021.
System name:
United States Coast Guard--021 Appointment of Trustee or Guardian
for Mentally Incompetent Personnel.
Security classification:
Unclassified.
System location:
Records are maintained 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 Coast
Guard military personnel (regular, reserve, active duty and retired)
and their dependents or survivors who are mentally incompetent and the
guardian or trustee.
Categories of records in the system:
Categories of records in this system include:
Individual's name;
Guardian trustee's name and contact information;
Information relating to the mental incompetence of certain
Coast Guard personnel, their dependents or survivors;
Records used to assist USCG officials in appointing
guardian trustees to mentally incompetent USCG personnel.
Authority for maintenance of the system:
5 U.S.C. 301; 10 U.S.C. 1448, 1449; 14 U.S.C. 632; 37 U.S.C. 601-
604; 33 CFR 49.05; 49 CFR 1.45, 1.46.
Purpose(s):
The purpose of this system is to maintain information on mentally
incompetent USCG military personnel, their dependents and survivors to
determine eligibility for DHS/USCG benefits such as military retired
pay or the Survivor Benefit Plan for survivors, and the closely-related
Veterans Affairs benefits.
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 or by the
individual's approved trustee or guardian.
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) 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.
[[Page 77804]]
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 prospective or approved guardian trustees or appointees,
including but not limited to relatives, lawyers, and physicians or
other designated representatives;
I. To the Department of Veteran's Affairs upon request for the
determination of eligibility for benefits administered by that agency.
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 alphabetically by name.
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 five years after action is complete, then
destroyed. (AUTH: NC1-26-76-2, Item 577)
System Manager and address:
Director, Personnel Management Directorate, CG-12, United States
Coast Guard Headquarters, 1900 Half St., 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 or on behalf of a mentally
incompetent person for whom you have been appointed trustee or guardian
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 or an incompetent person for whom you have been
appointed trustee or guardian,
Specify when you believe the records would have been
created,
If your request is seeking records pertaining to another
living individual for you to access his/her records, you must include a
statement from that individual certifying his/her agreement or
documentation that confirms your authority to act on behalf of that
individual.
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, lack of compliance with applicable regulations, or
insufficient authority to act on behalf of an incompetent individual.
Record access procedures:
See ``Notification procedure'' above.
Contesting record procedures:
See ``Notification procedure'' above.
Record source categories:
Coast Guard officials, legal representatives of individuals and/or
individuals concerned, medical personnel, and complainants.
Exemptions claimed for the system:
None.
Dated: December 10, 2008.
Hugo Teufel III,
Chief Privacy Officer, Department of Homeland Security.
[FR Doc. E8-29844 Filed 12-18-08; 8:45 am]
BILLING CODE 4410-10-P
