Privacy Act of 1974; United States Coast Guard-020 Substance Abuse Prevention and Treatment Program System of Records, 77810-77813 [E8-29848]
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Federal Register / Vol. 73, No. 245 / Friday, December 19, 2008 / Notices
commerce conducted by the regulatory
audit staffs. The audits may be
supplemented with information
furnished by the Office of the Chief
Counsel or its field offices, Office of
International Trade, Office of
Regulations and Rulings, and the Office
of Investigations, U.S. Immigration and
Customs Enforcement. These audits
include examinations of brokers,
importers, and other persons, who are
engaged in international trade, business
records, including data maintained in
support of client customs business.
EXEMPTIONS CLAIMED FOR THE SYSTEM:
This system is exempt from 5 U.S.C.
552a(c)(3), (d), (e)(1), (e)(4)(G), (e)(4)(H),
(e)(4)(I), and (f) of the Privacy Act
pursuant to 5 U.S.C. 552a(k)(2).
Dated: December 10, 2008.
Hugo Teufel III,
Chief Privacy Officer, Department of
Homeland Security.
[FR Doc. E8–29846 Filed 12–18–08; 8:45 am]
BILLING CODE 4410–10–P
DEPARTMENT OF HOMELAND
SECURITY
Office of the Secretary
Privacy Act of 1974; System of
Records
Privacy Office, DHS.
Notice of removal of two
Privacy Act systems of record notices.
AGENCY:
ACTION:
SUMMARY: In accordance with the
Privacy Act of 1974, the Department of
Homeland Security is giving notice that
it will remove two systems of record
notices from its inventory of record
systems because the Department no
longer requires use of these systems,
originally transferred to the Department
of Homeland Security from the
Department of Energy upon creation in
January 2003. These two obsolete
systems are: DOE–81,
Counterintelligence Administrative and
Analytical Records and Reports and
DOE–84, Counterintelligence
Investigative Records (September 1,
1989). Removing these system of records
from the Department’s inventory will in
no way impact the use of these system
of records by the Department of Energy.
DATES: Effective Date: January 20, 2009.
FOR FURTHER INFORMATION CONTACT:
Hugo Teufel III, Chief Privacy Officer,
Department of Homeland Security,
Washington, DC 20528, by telephone
(703) 235–0780 or facsimile 1–866–466–
5370.
SUPPLEMENTARY INFORMATION: Pursuant
to the provisions of the Privacy Act of
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1974, 5 U.S.C. 552a, and as part of its
ongoing integration and management
efforts, the Department of Homeland
Security (DHS) is removing two
Department of Homeland Security
(DHS) system of records notices from its
inventory of record systems.
DHS inherited these record systems
upon its creation in January of 2003.
Upon review of its inventory of record
systems, DHS has determined it no
longer needs these two systems and is
retiring the following:
DHS is retiring use of DOE–81 (59 FR
46528 September 1, 1989)
Counterintelligence Administrative and
Analytical Records and Reports. This
system was originally established in
order to maintain records concerning
foreign intelligence threats;
administrative inquiries and
investigations; reports on foreign
contacts and travel; classified and
sensitive programs, personnel,
information and activities; briefings and
debriefings; intelligence on hostile and
foreign intelligence entities; and
counterintelligence training.
DHS is retiring use of DOE–84 (59 FR
46530 September 1, 1989)
Counterintelligence Investigative
Records. This system was originally
established in order to maintain records
on joint law enforcement
counterintelligence-related
investigations with the FBI or other
Federal law enforcement agencies in
order to detect and prevent foreign
intelligence threats directed at or
involving classified and sensitive
information, programs, facilities,
personnel, and other Departmental
resources.
Eliminating these systems of record
notices will have no adverse impacts on
individuals, but will promote the
overall streamlining and management of
DHS Privacy Act record systems.
Further, removing these systems of
records from the Department’s inventory
will in no way impact the use of these
systems of records by the Department of
Energy.
Dated: December 10, 2008.
Hugo Teufel III,
Chief Privacy Officer, Department of
Homeland Security.
[FR Doc. E8–29847 Filed 12–18–08; 8:45 am]
BILLING CODE 4410–10–P
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DEPARTMENT OF HOMELAND
SECURITY
Office of the Secretary
[Docket No. DHS–2008–0145]
Privacy Act of 1974; United States
Coast Guard—020 Substance Abuse
Prevention and Treatment Program
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 638 Alcohol Abuse
Prevention Program Record System as a
Department of Homeland Security/
United States Coast Guard system of
records notice titled, DHS/USCG—020
Substance Abuse Prevention and
Treatment Program. This system of
records notice will allow the USCG to
collect and maintain the USCG’s
Substance Abuse Prevention and
Treatment Program 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—020 Substance Abuse
Prevention and Treatment Program
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–
2008–0145 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.
E:\FR\FM\19DEN1.SGM
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• 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)/United States Coast Guard
(USCG) have relied on preexisting
Privacy Act systems of records notices
for the collection and maintenance of
records that concern the DHS/USCG—
020 Substance Abuse Prevention and
Treatment Program.
As part of its efforts to streamline and
consolidate its record systems, DHS is
updating and reissuing a DHS/USCG
system of records under the Privacy Act
(5 U.S.C. 552a) that deals with active
duty military personnel receiving
substance abuse rehabilitation
treatment. This record system will allow
DHS/USCG to collect and maintain
records regarding active duty military
personnel receiving substance abuse
rehabilitation treatment. The collection
and maintenance of this information
will assist DHS/USCG in meeting its
obligation to assist active duty USCG
personnel needing substance abuse
rehabilitation treatment.
In accordance with the Privacy Act of
1974 and as part of the DHS’s ongoing
effort to review and update legacy
system of records notices, DHS is giving
notice that it proposes to update and
reissue the following legacy record
system DOT/CG 638 Alcohol Abuse
Prevention Program Record System (65
FR 19475 4/11/2000) as a DHS/USCG
system of records notice titled,
Substance Abuse Prevention and
Treatment Program. This system of
records notice will allow the USCG to
collect and maintain the USCG’s
Substance Abuse Prevention and
Treatment Program 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
reflect the DHS/USCG’s Substance
Abuse Prevention and Treatment
Program record system. This new
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system will be included in the DHS
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 individual’s 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
Substance Abuse Prevention and
Treatment Program System of Records.
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.
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.
SYSTEM OF RECORDS:
DHS/USCG–020.
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77811
SYSTEM NAME:
United States Coast Guard—020
Substance Abuse Prevention and
Treatment Program.
SECURITY CLASSIFICATION:
Unclassified.
SYSTEM LOCATION:
Records are maintained at the USCG
Headquarters in Washington, DC and
field offices.
CATEGORIES OF INDIVIDUALS COVERED BY THE
SYSTEM:
Categories of individuals covered by
this system include Coast Guard
personnel, active duty and reserve,
receiving substance abuse rehabilitation
treatment, and those screened in
connection with substance abuse issues.
CATEGORIES OF RECORDS IN THE SYSTEM:
Categories of records in this system
include:
• Individual’s name;
• Employee ID Number (EMPLID);
• Rate/Rank;
• History of substance abuse;
• Operation facility code;
• Treatment center;
• Diagnosis;
• Dates of treatment;
• Treatment records;
• Notes on aftercare; and
• Final disposition and type.
AUTHORITY FOR MAINTENANCE OF THE SYSTEM:
5 U.S.C. 301; 5 U.S.C. 7901; 14 U.S.C.
632; 42 U.S.C. 4541; COMDTINST
M6200.1A, the Coast Guard Health
Promotion Manual.
PURPOSE(S):
The purpose of this system is to
administer the USCG Substance Abuse
Prevention and Treatment program,
including to identify alcohol and drug
abusers within the USCG; to treat,
counsel, and rehabilitate individuals
who participate in the USCG Substance
Abuse Program; as a management tool to
identify trends, judge the magnitude of
drug and alcohol abuse, and to measure
the effectiveness of drug and alcohol
prevention efforts in the USCG.
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
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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 routine uses set
forth below do not apply to this
information. This statute takes
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.
Note: For those records not described
above, this system of records contains
individually identifiable health information.
The Health Insurance Portability and
Accountability Act of 1996, applies to most
of such health information. Department of
Defense 6025.18–R may place additional
procedural requirements on the uses and
disclosures of such information beyond those
found in the Privacy Act of 1974 or
mentioned in this system of records notice.
Therefore, routine uses outlined below may
not apply to such health information.
In addition to those disclosures
generally permitted under 5 U.S.C.
552a(b) of the Privacy Act, all or a
portion of the records of information
contained in this system may be
disclosed outside DHS as a routine use
pursuant to 5 U.S.C. 552a(b)(3) as
follows:
A. To the Department of Justice
(including United States Attorney
Offices) or other Federal agency
conducting litigation or in proceedings
before any court, adjudicative or
administrative body when it is
necessary to the litigation and one of the
following is a party to the litigation or
has an interest in such litigation:
1. DHS or any component thereof;
2. any employee of DHS in his/her
official capacity;
3. any employee of DHS in his/her
individual capacity where the
Department of Justice 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 and with the
consent of the individual to whom the
record pertains in accordance with 42
U.S.C. 290dd–2(g).
C. 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,
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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.
D. To appropriate State and local
authorities to report, under State law,
incidents of suspected child abuse or
neglect to the extent described under 42
CFR 2.12 and in accordance with 42
U.S.C. 290dd–2(e).
E. To any person or entity to the
extent necessary to prevent an imminent
and potential crime that directly
threatens loss of life or serious bodily
injury.
F. To report to appropriate authorities
when an individual is potentially at risk
to harm himself/herself or others.
G. To health care components of the
Department of Veterans Affairs
furnishing health care to veterans.
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
individual name, EMPLID, or unit
operation facility code.
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:
Records in this system are stored
electronically in secure facilities behind
a locked door. The records are stored on
an electronic server. Records are
destroyed when three years old or when
superseded or obsolete (GRS 1, item 36).
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SYSTEM MANAGER AND ADDRESS:
Commandant, CG–11, United States
Coast Guard Headquarters, 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 Commandant, CG–
11, United States Coast Guard
Headquarters, 2100 2nd Street, SW.,
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 to 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 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:
Information originates from personnel
who submit to drug and alcohol testing,
DHS and its components and offices,
and testing and treatment facilities.
EXEMPTIONS CLAIMED FOR THE SYSTEM:
None.
E:\FR\FM\19DEN1.SGM
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Federal Register / Vol. 73, No. 245 / Friday, December 19, 2008 / Notices
Dated: December 10, 2008.
Hugo Teufel III,
Chief Privacy Officer, Department of
Homeland Security.
[FR Doc. E8–29848 Filed 12–18–08; 8:45 am]
BILLING CODE 4410–10–P
DEPARTMENT OF HOMELAND
SECURITY
Office of the Secretary
[Docket No. DHS–2008–0165]
Privacy Act of 1974; United States
Secret Service—003 Non-Criminal
Investigation Information System
System of Records
Privacy Office; DHS.
ACTION: Notice of Privacy Act system of
records.
AGENCY:
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 record notices, the
Department of Homeland Security
proposes to retire portions of USSS.006
Non-Criminal Investigation Information
System (August 28, 2001) into DHS/All
020 Internal Affairs, DHS/All–013
Claims, and DHS/OS–1 Office of
Security Files and reissue the remaining
portions of this system of records as
DHS/USSS–003 Non-Criminal
Investigation Information System.
Categories of individuals, categories of
records, and the routine uses of this
legacy system of records notice have
been reviewed updated to better reflect
the Department of Homeland Security/
United States Secret Service—003 NonCriminal Investigation Information
System. Additionally, DHS is issuing a
Notice of Proposed Rulemaking (NPRM)
concurrent with this SORN elsewhere in
the Federal Register. The exemptions
for the legacy system of records notices
will continue to be applicable until the
final rule for this SORN has been
completed. This reissued system will be
included in the Department’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–
2008–0165 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.
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17:29 Dec 18, 2008
Jkt 217001
• Instructions: All submissions
received must include the agency name
and docket number for this rulemaking.
All comments received will be posted
without change to https://
www.regulations.gov, including any
personal information provided.
• Docket: For access to the docket, to
read background documents, or
comments received go to https://
www.regulations.gov.
FOR FURTHER INFORMATION CONTACT: For
general questions please contact: Latita
Huff (202–406–6370), Privacy Point of
Contact, United States Secret Service,
950 H St., NW., Washington, DC 20223.
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, the
Department of Homeland Security
(DHS) United States Secret Service
(USSS) have relied on preexisting
Privacy Act systems of records notices
for the collection and maintenance of
records that concern DHS/USSS NonCriminal Investigation Information
System records.
As part of its efforts to streamline and
consolidate its Privacy Act record
systems, DHS/USSS is updating and
reissuing a DHS/USSS system of records
under the Privacy Act (5 U.S.C. 552a)
for USSS records that concern
individuals involved in non-criminal
statutory investigations and/or
requirements. Information related to
investigations into employee activities
is retired into DHS/All–020 Internal
Affairs published in the Federal
Register on November 14, 2008 at 73 FR
67529; information related to claims
against USSS is retired into DHS/All–
013 Claims published in the Federal
Register on October 28, 2008 at 73 FR
63987; and information related to
employment and security clearance
suitability is retired in DHS/OS1 Office
of Security Files, published September
12, 2006 at 71 FR 53700. This will
ensure that all organizational parts of
USSS follow the same privacy rules for
collecting and handling the USSS–003
Non-Criminal Investigation records.
In accordance with the Privacy Act of
1974 and as part of DHS’s ongoing effort
to review and update legacy system of
records notices, DHS/USSS proposes to
update and reissue USSS.006 NonCriminal Investigation Information
System (66 FR 45362 August 28, 2001).
Categories of individuals, categories of
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77813
records, and the routine uses of this
legacy system of records notice have
been updated to better reflect the DHS/
USSS Non-Criminal Investigation
Information System. Additionally, DHS
is issuing a Notice of Proposed
Rulemaking (NPRM) concurrent with
this SORN elsewhere in the Federal
Register. The exemptions for the legacy
system of records notices will continue
to be applicable until the final rule for
this SORN has been completed. This
reissued system will be included in the
Department’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 that each
agency publish in the Federal Register
a description denoting the type and
character of each system of records in
order to make agency recordkeeping
practices transparent, to notify
individuals about the use of their
records, and to assist the individual to
more easily find files within the agency.
Below is a description of the DHS/
USSS–003 Non-Criminal Investigation
Information System.
In accordance with 5 U.S.C. 552a(r),
DHS has provided a report of this
revised system of records to the Office
of Management and Budget and to the
Congress.
E:\FR\FM\19DEN1.SGM
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]]>Agencies
[Federal Register Volume 73, Number 245 (Friday, December 19, 2008)]
[Notices]
[Pages 77810-77813]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E8-29848]
-----------------------------------------------------------------------
DEPARTMENT OF HOMELAND SECURITY
Office of the Secretary
[Docket No. DHS-2008-0145]
Privacy Act of 1974; United States Coast Guard--020 Substance
Abuse Prevention and Treatment Program 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 638 Alcohol Abuse Prevention Program
Record System as a Department of Homeland Security/United States Coast
Guard system of records notice titled, DHS/USCG--020 Substance Abuse
Prevention and Treatment Program. This system of records notice will
allow the USCG to collect and maintain the USCG's Substance Abuse
Prevention and Treatment Program 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--020
Substance Abuse Prevention and Treatment Program 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-
2008-0145 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.
[[Page 77811]]
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)/United States Coast
Guard (USCG) have relied on preexisting Privacy Act systems of records
notices for the collection and maintenance of records that concern the
DHS/USCG--020 Substance Abuse Prevention and Treatment Program.
As part of its efforts to streamline and consolidate its record
systems, DHS is updating and reissuing a DHS/USCG system of records
under the Privacy Act (5 U.S.C. 552a) that deals with active duty
military personnel receiving substance abuse rehabilitation treatment.
This record system will allow DHS/USCG to collect and maintain records
regarding active duty military personnel receiving substance abuse
rehabilitation treatment. The collection and maintenance of this
information will assist DHS/USCG in meeting its obligation to assist
active duty USCG personnel needing substance abuse rehabilitation
treatment.
In accordance with the Privacy Act of 1974 and as part of the DHS's
ongoing effort to review and update legacy system of records notices,
DHS is giving notice that it proposes to update and reissue the
following legacy record system DOT/CG 638 Alcohol Abuse Prevention
Program Record System (65 FR 19475 4/11/2000) as a DHS/USCG system of
records notice titled, Substance Abuse Prevention and Treatment
Program. This system of records notice will allow the USCG to collect
and maintain the USCG's Substance Abuse Prevention and Treatment
Program 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 reflect the DHS/USCG's
Substance Abuse Prevention and Treatment Program record system. This
new system will be included in the DHS 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 individual's 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 Substance Abuse
Prevention and Treatment Program System of Records.
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.
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.
System of Records:
DHS/USCG-020.
System name:
United States Coast Guard--020 Substance Abuse Prevention and
Treatment Program.
Security classification:
Unclassified.
System location:
Records are maintained at the USCG Headquarters in Washington, DC
and field offices.
Categories of individuals covered by the system:
Categories of individuals covered by this system include Coast
Guard personnel, active duty and reserve, receiving substance abuse
rehabilitation treatment, and those screened in connection with
substance abuse issues.
Categories of records in the system:
Categories of records in this system include:
Individual's name;
Employee ID Number (EMPLID);
Rate/Rank;
History of substance abuse;
Operation facility code;
Treatment center;
Diagnosis;
Dates of treatment;
Treatment records;
Notes on aftercare; and
Final disposition and type.
Authority for maintenance of the system:
5 U.S.C. 301; 5 U.S.C. 7901; 14 U.S.C. 632; 42 U.S.C. 4541;
COMDTINST M6200.1A, the Coast Guard Health Promotion Manual.
Purpose(s):
The purpose of this system is to administer the USCG Substance
Abuse Prevention and Treatment program, including to identify alcohol
and drug abusers within the USCG; to treat, counsel, and rehabilitate
individuals who participate in the USCG Substance Abuse Program; as a
management tool to identify trends, judge the magnitude of drug and
alcohol abuse, and to measure the effectiveness of drug and alcohol
prevention efforts in the USCG.
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
[[Page 77812]]
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 routine uses set forth below do
not apply to this information. This statute takes 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.
Note: For those records not described above, this system of
records contains individually identifiable health information. The
Health Insurance Portability and Accountability Act of 1996, applies
to most of such health information. Department of Defense 6025.18-R
may place additional procedural requirements on the uses and
disclosures of such information beyond those found in the Privacy
Act of 1974 or mentioned in this system of records notice.
Therefore, routine uses outlined below may not apply to such health
information.
In addition to those disclosures generally permitted under 5 U.S.C.
552a(b) of the Privacy Act, all or a portion of the records of
information contained in this system may be disclosed outside DHS as a
routine use pursuant to 5 U.S.C. 552a(b)(3) as follows:
A. To the Department of Justice (including United States Attorney
Offices) or other Federal agency conducting litigation or in
proceedings before any court, adjudicative or administrative body when
it is necessary to the litigation and one of the following is a party
to the litigation or has an interest in such litigation:
1. DHS or any component thereof;
2. any employee of DHS in his/her official capacity;
3. any employee of DHS in his/her individual capacity where the
Department of Justice 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 and with the consent of the individual to whom the record
pertains in accordance with 42 U.S.C. 290dd-2(g).
C. 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.
D. To appropriate State and local authorities to report, under
State law, incidents of suspected child abuse or neglect to the extent
described under 42 CFR 2.12 and in accordance with 42 U.S.C. 290dd-
2(e).
E. To any person or entity to the extent necessary to prevent an
imminent and potential crime that directly threatens loss of life or
serious bodily injury.
F. To report to appropriate authorities when an individual is
potentially at risk to harm himself/herself or others.
G. To health care components of the Department of Veterans Affairs
furnishing health care to veterans.
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 individual name, EMPLID, or unit
operation facility code.
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:
Records in this system are stored electronically in secure
facilities behind a locked door. The records are stored on an
electronic server. Records are destroyed when three years old or when
superseded or obsolete (GRS 1, item 36).
System Manager and address:
Commandant, CG-11, United States Coast Guard Headquarters, 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 Commandant, CG-11, United States
Coast Guard Headquarters, 2100 2nd Street, SW., 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 to 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 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:
Information originates from personnel who submit to drug and
alcohol testing, DHS and its components and offices, and testing and
treatment facilities.
Exemptions claimed for the system:
None.
[[Page 77813]]
Dated: December 10, 2008.
Hugo Teufel III,
Chief Privacy Officer, Department of Homeland Security.
[FR Doc. E8-29848 Filed 12-18-08; 8:45 am]
BILLING CODE 4410-10-P
