Privacy Act of 1974; Department of Homeland Security United States Coast Guard-DHS/USCG-007 Special Needs Program System of Records, 24905-24908 [2011-10756]
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Federal Register / Vol. 76, No. 85 / Tuesday, May 3, 2011 / Notices
protection of the confidential
information by making reconstruction or
compromise by reuse impracticable.
Records located away from the
destruction site shall be transferred to
the destruction site in the confidential
manner. No other information about
Employee Assistance Program clients
may be maintained once these files have
been destroyed.
SYSTEM MANAGER AND ADDRESS:
Commandant, CG–1112, Office of
Work-Life, United States Coast Guard
Headquarters, 2100 2nd Street, SW.,
Washington, DC 20593–0001.
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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–
1112, Office of Work-Life, 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 with the Privacy Act
regulations set forth in 6 CFR part 5.
You must first verify your identity,
meaning that you must provide your full
name, current address and date and
place of birth. You must sign your
request, and your signature must either
be notarized or submitted under 28
U.S.C. 1746, a law that permits
statements to be made under penalty of
perjury as a substitute for notarization.
While no specific form is required, you
may obtain forms for this purpose from
the 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:
RECORD SOURCE CATEGORIES:
Records are retained from the
following sources:
• USCG Employee Assistance
Program: the client, the licensed mental
health provider, and collateral sources
and resources intended to help the
client.
• USCG Workplace Violence and
related Critical Incident Team:
investigation records, personnel records,
critical incident team assembled to
make recommendations to command,
subject’s supervisors, and the subject.
• USCG Critical Incident Stress
Management-related records: Work-Life
staff, Peers, Incident commander,
command(s) affected, individuals
impacted by incident, other support
persons who may be mobilized to assist
those impacted by the event.
• USCG Sexual Assault Prevention
and Response Program: victim, victim
support person, medical personnel
assisting victim, criminal investigations
and investigators, and other support
personnel intended to assist victim.
• USCG Victim Support Persons
(VSP): the victim support person, WorkLife staff, VSP’s or Victim Advocate’s
work supervisor, other support persons
who may assist in training.
• USCG Critical Incident Stress
Management Peer Volunteers: Peer,
Peer’s supervisor, Work-Life staff, and
other support persons who may assist in
training.
• Case records maintained by USCG
Work-Life personnel on USCG Duty
members who have demonstrated
suicidal behavior: the patient, medical
personnel, patient’s command, and
Work-Life staff and other support
persons who may assist in helping the
patient.
• Reports of USCG active duty
suicidal behavior incidents, work place
violence incidents, critical incidents,
and sexual assaults maintained by
USCG Headquarters (CG–1112): WorkLife staff and others as described above
under their related programs.
EXEMPTIONS CLAIMED FOR THE SYSTEM:
None.
Dated: April 23, 2011.
Mary Ellen Callahan,
Chief Privacy Officer, Department of
Homeland Security.
[FR Doc. 2011–10719 Filed 5–2–11; 8:45 am]
BILLING CODE 9110–04–P
See ‘‘Notification Procedure’’ above.
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DEPARTMENT OF HOMELAND
SECURITY
Office of the Secretary
[Docket No. DHS–2011–0020]
Privacy Act of 1974; Department of
Homeland Security United States
Coast Guard—DHS/USCG–007 Special
Needs Program System of Records
Privacy Office, DHS.
Notice of Privacy Act system of
AGENCY:
ACTION:
records.
In accordance with the
Privacy Act of 1974, the Department of
Homeland Security proposes to update
and rename an existing Department of
Homeland Security system of records
titled, ‘‘Department of Homeland
Security/United States Coast Guard–007
Exceptional Family Member Program
System of Records.’’ This system will
allow the Department of Homeland
Security United States Coast Guard meet
it obligation to assist military personnel,
civilian personnel and their eligible
dependents with special needs. As a
result of the required biennial review of
this system, records have been updated
to reflect the name change to
Department of Homeland Security/
United States Coast Guard Special
Needs Program Record. This updated
system will be included in the
Department of Homeland Security’s
inventory of record systems.
DATES: Submit comments on or before
June 2, 2011. This updated system will
be effective June 2, 2011.
ADDRESSES: You may submit comments,
identified by docket number DHS–
2011–0020 by one of the following
methods:
• Federal e-Rulemaking Portal:
https://www.regulations.gov. Follow the
instructions for submitting comments.
• Fax: 703–483–2999.
• Mail: Mary Ellen Callahan, Chief
Privacy Officer, Privacy Office,
Department of Homeland Security,
Washington, DC 20528.
• Instructions: All submissions
received must include the agency name
and docket number for this rulemaking.
All comments received will be posted
without change to https://
www.regulations.gov, including any
personal information provided.
• Docket: For access to the docket, to
read background documents, or
comments received go to https://
www.regulations.gov.
SUMMARY:
For
general questions please contact: Eileen
Yenikaliotis (202–475–3515), Acting
Privacy Officer, United States Coast
FOR FURTHER INFORMATION CONTACT:
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Federal Register / Vol. 76, No. 85 / Tuesday, May 3, 2011 / Notices
Guard 2100 2nd Street SW.,
Washington, DC 20593. For privacy
issues please contact: Mary Ellen
Callahan (703–235–0780), Chief Privacy
Officer, Privacy Office, U.S. Department
of Homeland Security, Washington, DC
20528.
SUPPLEMENTARY INFORMATION:
I. Background
In accordance with the Privacy Act of
1974, the Department of Homeland
Security (DHS) United States Coast
Guard (USCG) proposes to update and
rename an existing DHS system of
records titled, ‘‘DHS/USCG–007
Exceptional Family Member Program.
This system will allow the
Department of Homeland Security/
United States Coast Guard to collect and
maintain records on civilians, active
duty, reserve, retired active duty and
retired reserve military personnel, and
their eligible dependents with special
needs.
As a result of the biennial review of
this system, the term ‘‘Exceptional
Family Member Program’’ has been
replaced by term ‘‘Special Needs’’ in the
preamble, Supplementary Information,
System Name, and Purpose categories of
the SORN.
Consistent with DHS’ information
sharing mission, information stored in
DHS/USCG–007 Special Needs Program
Records may be shared with other DHS
components, as well as appropriate
federal, state, local, tribal, territorial
foreign, or international government
agencies. This sharing will only occur
after DHS determines that the receiving
component or agency has a need to
know the information to carry out
national security, law enforcement,
immigration, intelligence, or other
functions consistent with the routine
uses set forth in this system of records
notice. This updated system will be
included in DHS’ inventory of record
systems.
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II. Health Insurance Portability and
Accountability Act
This system of records contains
individually identifiable health
information. The Department of Defense
Health Information Privacy Regulation
(DoD 6025.18–R) issued pursuant to the
Health Insurance Portability and
Accountability Act of 1996, applies to
most 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.
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III. Privacy Act
The Privacy Act embodies fair
information practice principles in a
statutory framework governing the
means by which the U.S. 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 U.S.
citizens and lawful permanent
residents. As a matter of policy DHS
extends administrative Privacy Act
protections to all individuals where
system of records maintain information
on U.S. citizens, lawful permanent
residents, and visitors. Below is the
description of the DHS/USCG—007
Special Needs 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.
SYSTEM OF RECORDS
DHS/USCG–007.
SYSTEM NAME:
DHS/USCG–007 Special Needs
Program.
SECURITY CLASSIFICATION:
SYSTEM LOCATION:
Records are maintained at USCG
Headquarters in Washington, DC and
field locations.
CATEGORIES OF INDIVIDUALS COVERED BY THE
SYSTEM:
Coast Guard active duty, reserve,
retired active duty, retired reserve, and
civilian personnel and their eligible
dependents who have a long-term
physical or mental chronic condition
that substantially limits one or more of
the major life activities of an individual
including professionally diagnosed
medical, physical, psychological, and/or
educational disabilities.
CATEGORIES OF RECORDS IN THE SYSTEM:
Categories of records in this system
include:
• Military or civilian personnel’s
name;
• Eligible dependent’s name and birth
date;
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AUTHORITY FOR MAINTENANCE OF THE SYSTEM:
The Homeland Security Act of 2002,
Public Law 107–296, Federal Records
Act, 44 U.S.C. 3101; 6 CFR part 5; 5
U.S.C. 301, and COMNDTINST 1754.7
(series).
PURPOSE(S):
The purpose of this system is to
administer special needs requests of
USCG military and civilian personnel to
coordinate the special needs program’s
medical care, mental health treatment,
and to provide case management for
USCG military and civilian personnel
and eligible dependants with special
needs.
ROUTINE USES OF RECORDS MAINTAINED IN THE
SYSTEM, INCLUDING CATEGORIES OF USERS AND
THE PURPOSES OF SUCH USES:
Unclassified.
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• Service member’s, civilian’s or
eligible dependents home address,
phone numbers, and email information;
• Identification number (EMPLID);
social security numbers of the service
member or civilian personnel are
currently in the case records (we will no
longer be asking for those in the new
policy, but the numbers will still be in
all of the old files);
• Eligible dependent’s diagnosed
special need, including copies of
medical, educational, and psychological
reports, enrollment forms,
correspondence and follow-up, and any
other data relevant to the dependent’s
individual special needs’ program files;
and
• Benefits, including case
management activities, and supports
and services received related to the
special need.
This system of records contains
individually identifiable health
information. The Department of Defense
Health Information Privacy Regulation
(DoD 6025.18–R) issued pursuant to the
Health Insurance Portability and
Accountability Act of 1996, applies to
most 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 addition to those disclosures
generally permitted under 5 U.S.C.
552a(b) of the Privacy Act, all or a
portion of the records or information
contained in this system may be
disclosed outside DHS as a routine use
pursuant to 5 U.S.C. 552a(b)(3) as
follows:
A. To the Department of Justice
(including United States Attorney
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Federal Register / Vol. 76, No. 85 / Tuesday, May 3, 2011 / Notices
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 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 who
relies upon the compromised
information; and
3. The disclosure made to such
agencies, entities, and persons is
reasonably necessary to assist in
connection with DHS’s efforts to
respond to the suspected or confirmed
compromise and prevent, minimize, or
remedy such harm.
F. To contractors and their agents,
grantees, experts, consultants, and
others performing or working on a
contract, service, grant, cooperative
agreement, or other assignment for DHS,
when necessary to accomplish an
agency function related to this system of
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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 any member of the family when
a signed release of information is
documented in the case record, in
furtherance of treating the family
member with special needs.
I. To officials and employees of local
and state governments and agencies in
the performance of their official duties
pursuant to the laws and regulations
governing local control of
communicable diseases, preventive
medicine and safety programs,
developmental disabilities, and other
public health and welfare programs.
K. To the federal, state or local
governmental agencies when
appropriate in the counseling and
treatment of individuals or families with
special medical or educational needs, or
receiving early intervention or related
services.
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 a locked
drawer behind a locked door. The
records are stored on magnetic disc,
tape, digital media, and CD–ROM.
RETRIEVABILITY:
Data may be retrieved by a Coast
Guard military or civilian personnel’s
name and/or identification number
(EMPLID).
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
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24907
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.
RETENTION AND DISPOSAL:
Case records are maintained at a
decentralized location until the USCG
military or civilian personnel is
separated or retired, eligible family
member is no longer an eligible
dependent, or the eligible dependent is
no longer diagnosed as having a special
need. Upon separation or retirement of
the USCG military or civilian personnel,
the eligible family member is no longer
an eligible dependent, or when the
eligible dependent is no longer
diagnosed as having a special need, the
record will be transferred to
Commandant, CG–1112. After a 3-year
retention, the record is destroyed (N1–
026–07–9).
SYSTEM MANAGER AND ADDRESS:
Chief, Office of Work-Life, Director of
Health, Safety and Work-Life, CG–11,
United States Coast Guard, Washington,
DC 20593–0001.
NOTIFICATION PROCEDURE:
Individuals seeking notification of
and access to any open record contained
in this system of records, or seeking to
contest its content, may submit a
request in writing to the Work-Life field
office where the case record is
maintained. Individuals seeking
notification of and access to any closed
record contained in this system of
records, or seeking to contest its
content, may submit a request in writing
to the Chief, Office of Work-Life,
Director of Health, Safety and WorkLife, CG–11, United States Coast Guard,
Washington, DC 20593–0001.
When seeking records about yourself
or your minor dependent 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 by 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.
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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:
Records are obtained from medical
reports that are provided to the USCG.
EXEMPTIONS CLAIMED FOR THE SYSTEM:
None.
Dated: April 23, 2011.
Mary Ellen Callahan,
Chief Privacy Officer, Department of
Homeland Security.
[FR Doc. 2011–10756 Filed 5–2–11; 8:45 am]
BILLING CODE 4410–10–P
DEPARTMENT OF HOMELAND
SECURITY
U.S. Citizenship and Immigration
Services
Agency Information Collection
Activities: Form I–693, Revision of a
Currently Approved Information
Collection; Comment Request
60-Day Notice of Information
Collection Under Review: Form I–693,
Report of Medical Examination and
Vaccination Record, OMB Control No.
1615–0033.
srobinson on DSKHWCL6B1PROD with NOTICES
ACTION:
The Department of Homeland
Security, U.S. Citizenship and
Immigration Services (USCIS) will be
submitting the following information
collection request for review and
clearance in accordance with the
Paperwork Reduction Act of 1995. The
information collection is published to
obtain comments from the public and
affected agencies. Comments are
encouraged and will be accepted for 60
days until July 5, 2011.
Written comments and suggestions
regarding items contained in this notice,
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and especially with regard to the
estimated public burden and associated
response time should be directed to the
Department of Homeland Security
(DHS), USCIS, Chief, Regulatory
Products Division, Office of the
Executive Secretariat, Clearance Officer,
20 Massachusetts Avenue, NW.,
Washington, DC 20529–2020.
Comments may also be submitted to
DHS via facsimile to 202–272–0997 or
via e-mail at rfs.regs@dhs.gov. When
submitting comments by e-mail please
add the OMB Control Number 1615–
0033 in the subject box.
Note: The address listed in this notice
should only be used to submit comments
concerning this information collection.
Please do not submit requests for individual
case status inquiries to this address. If you
are seeking information about the status of
your individual case, please check ‘‘My Case
Status’’ online at: https://egov.uscis.gov/cris/
Dashboard.do, or call the USCIS National
Customer Service Center at 1–800–375–5283.
Written comments and suggestions
from the public and affected agencies
concerning the proposed collection of
information should address one or more
of the following four points:
(1) Evaluate whether the proposed
collection of information is necessary
for the proper performance of the
functions of the agency, including
whether the information will have
practical utility;
(2) Evaluate the accuracy of the
agencies estimate of the burden of the
proposed collection of information,
including the validity of the
methodology and assumptions used;
(3) Enhance the quality, utility, and
clarity of the information to be
collected; and
(4) Minimize the burden of the
collection of information on those who
are to respond, including through the
use of appropriate automated,
electronic, mechanical, or other
technological collection techniques or
other forms of information technology,
e.g., permitting electronic submission of
responses.
Overview of This Information
Collection
(1) Type of Information Collection:
Revision of a currently approved
information collection.
(2) Title of the Form/Collection:
Report of Medical Examination and
Vaccination Record.
(3) Agency form number, if any, and
the applicable component of the
Department of Homeland Security
sponsoring the collection: Form I–693.
U.S. Citizenship and Immigration
Services.
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(4) Affected public who will be asked
or required to respond, as well as brief
abstract: Primary: Individuals or
households. The information on the
application will be used by USCIS in
considering the eligibility for
adjustment of status under 8 CFR part
209 and 8 CFR 210.5, 245.1, and 245a.3.
(5) An estimate of the total annual
number of respondents and the amount
of time estimated for an average
respondent to respond: 800,000
responses at 2.5 hours per response.
(6) An estimate of the total annual
public burden (in hours) associated with
the collection: 2,000,000 annual burden
hours.
If you need a copy of the information
collection instrument, please visit the
USCIS Web site at: https://
www.regulations.gov/.
We may also be contacted at: USCIS,
Regulatory Products Division, Office of
the Executive Secretariat, 20
Massachusetts Avenue, NW., Room
5012, Washington, DC 20529–2020,
Telephone number 202–272–8377.
Dated: April 27, 2011.
Sunday A. Aigbe,
Chief, Regulatory Products Division, Office
of the Executive Secretariat, U.S. Citizenship
and Immigration Services, Department of
Homeland Security.
[FR Doc. 2011–10645 Filed 5–2–11; 8:45 am]
BILLING CODE 9111–97–P
DEPARTMENT OF HOMELAND
SECURITY
U.S. Citizenship and Immigration
Services
Agency Information Collection
Activities: Form G–639; Extension of
an Existing Information Collection;
Comment Request
60-Day Notice of Information
Collection Under Review; Form G–639,
Freedom of Information/Privacy Act
Request; OMB Control No. 1615–0102.
ACTION:
The Department of Homeland
Security, U.S. Citizenship and
Immigration Services (USCIS) will be
submitting the following information
collection request for review and
clearance in accordance with the
Paperwork Reduction Act of 1995. The
information collection is published to
obtain comments from the public and
affected agencies. Comments are
encouraged and will be accepted for
sixty days until July 5, 2011.
During this 60 day period, USCIS will
be evaluating whether to revise the
Form G–639. Should USCIS decide to
revise Form G–639 we will advise the
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]]>Agencies
[Federal Register Volume 76, Number 85 (Tuesday, May 3, 2011)]
[Notices]
[Pages 24905-24908]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2011-10756]
-----------------------------------------------------------------------
DEPARTMENT OF HOMELAND SECURITY
Office of the Secretary
[Docket No. DHS-2011-0020]
Privacy Act of 1974; Department of Homeland Security United
States Coast Guard--DHS/USCG-007 Special Needs 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, the Department of
Homeland Security proposes to update and rename an existing Department
of Homeland Security system of records titled, ``Department of Homeland
Security/United States Coast Guard-007 Exceptional Family Member
Program System of Records.'' This system will allow the Department of
Homeland Security United States Coast Guard meet it obligation to
assist military personnel, civilian personnel and their eligible
dependents with special needs. As a result of the required biennial
review of this system, records have been updated to reflect the name
change to Department of Homeland Security/United States Coast Guard
Special Needs Program Record. This updated system will be included in
the Department of Homeland Security's inventory of record systems.
DATES: Submit comments on or before June 2, 2011. This updated system
will be effective June 2, 2011.
ADDRESSES: You may submit comments, identified by docket number DHS-
2011-0020 by one of the following methods:
Federal e-Rulemaking Portal: https://www.regulations.gov.
Follow the instructions for submitting comments.
Fax: 703-483-2999.
Mail: Mary Ellen Callahan, Chief Privacy Officer, Privacy
Office, Department of Homeland Security, Washington, DC 20528.
Instructions: All submissions received must include the
agency name and docket number for this rulemaking. All comments
received will be posted without change to https://www.regulations.gov,
including any personal information provided.
Docket: For access to the docket, to read background
documents, or comments received go to https://www.regulations.gov.
FOR FURTHER INFORMATION CONTACT: For general questions please contact:
Eileen Yenikaliotis (202-475-3515), Acting Privacy Officer, United
States Coast
[[Page 24906]]
Guard 2100 2nd Street SW., Washington, DC 20593. For privacy issues
please contact: Mary Ellen Callahan (703-235-0780), Chief Privacy
Officer, Privacy Office, U.S. Department of Homeland Security,
Washington, DC 20528.
SUPPLEMENTARY INFORMATION:
I. Background
In accordance with the Privacy Act of 1974, the Department of
Homeland Security (DHS) United States Coast Guard (USCG) proposes to
update and rename an existing DHS system of records titled, ``DHS/USCG-
007 Exceptional Family Member Program.
This system will allow the Department of Homeland Security/United
States Coast Guard to collect and maintain records on civilians, active
duty, reserve, retired active duty and retired reserve military
personnel, and their eligible dependents with special needs.
As a result of the biennial review of this system, the term
``Exceptional Family Member Program'' has been replaced by term
``Special Needs'' in the preamble, Supplementary Information, System
Name, and Purpose categories of the SORN.
Consistent with DHS' information sharing mission, information
stored in DHS/USCG-007 Special Needs Program Records may be shared with
other DHS components, as well as appropriate federal, state, local,
tribal, territorial foreign, or international government agencies. This
sharing will only occur after DHS determines that the receiving
component or agency has a need to know the information to carry out
national security, law enforcement, immigration, intelligence, or other
functions consistent with the routine uses set forth in this system of
records notice. This updated system will be included in DHS' inventory
of record systems.
II. Health Insurance Portability and Accountability Act
This system of records contains individually identifiable health
information. The Department of Defense Health Information Privacy
Regulation (DoD 6025.18-R) issued pursuant to the Health Insurance
Portability and Accountability Act of 1996, applies to most 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.
III. Privacy Act
The Privacy Act embodies fair information practice principles in a
statutory framework governing the means by which the U.S. 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 U.S. citizens and lawful
permanent residents. As a matter of policy DHS extends administrative
Privacy Act protections to all individuals where system of records
maintain information on U.S. citizens, lawful permanent residents, and
visitors. Below is the description of the DHS/USCG--007 Special Needs
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.
SYSTEM OF RECORDS
DHS/USCG-007.
System name:
DHS/USCG-007 Special Needs Program.
Security classification:
Unclassified.
System location:
Records are maintained at USCG Headquarters in Washington, DC and
field locations.
Categories of individuals covered by the system:
Coast Guard active duty, reserve, retired active duty, retired
reserve, and civilian personnel and their eligible dependents who have
a long-term physical or mental chronic condition that substantially
limits one or more of the major life activities of an individual
including professionally diagnosed medical, physical, psychological,
and/or educational disabilities.
Categories of records in the system:
Categories of records in this system include:
Military or civilian personnel's name;
Eligible dependent's name and birth date;
Service member's, civilian's or eligible dependents home
address, phone numbers, and email information;
Identification number (EMPLID); social security numbers of
the service member or civilian personnel are currently in the case
records (we will no longer be asking for those in the new policy, but
the numbers will still be in all of the old files);
Eligible dependent's diagnosed special need, including
copies of medical, educational, and psychological reports, enrollment
forms, correspondence and follow-up, and any other data relevant to the
dependent's individual special needs' program files; and
Benefits, including case management activities, and
supports and services received related to the special need.
Authority for maintenance of the system:
The Homeland Security Act of 2002, Public Law 107-296, Federal
Records Act, 44 U.S.C. 3101; 6 CFR part 5; 5 U.S.C. 301, and COMNDTINST
1754.7 (series).
Purpose(s):
The purpose of this system is to administer special needs requests
of USCG military and civilian personnel to coordinate the special needs
program's medical care, mental health treatment, and to provide case
management for USCG military and civilian personnel and eligible
dependants with special needs.
Routine uses of records maintained in the system, including categories
of users and the purposes of such uses:
This system of records contains individually identifiable health
information. The Department of Defense Health Information Privacy
Regulation (DoD 6025.18-R) issued pursuant to the Health Insurance
Portability and Accountability Act of 1996, applies to most 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 addition to those disclosures generally permitted under 5 U.S.C.
552a(b) of the Privacy Act, all or a portion of the records or
information contained in this system may be disclosed outside DHS as a
routine use pursuant to 5 U.S.C. 552a(b)(3) as follows:
A. To the Department of Justice (including United States Attorney
[[Page 24907]]
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 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 who relies upon the compromised information; and
3. The disclosure made to such agencies, entities, and persons is
reasonably necessary to assist in connection with DHS's efforts to
respond to the suspected or confirmed compromise and prevent, minimize,
or remedy such harm.
F. To contractors and their agents, grantees, experts, consultants,
and others performing or working on a contract, service, grant,
cooperative agreement, or other assignment for DHS, when necessary to
accomplish an agency function related to this system of records.
Individuals provided information under this routine use are subject to
the same Privacy Act requirements and limitations on disclosure as are
applicable to DHS officers and employees.
G. To an appropriate Federal, State, tribal, local, international,
or foreign law enforcement agency or other appropriate authority
charged with investigating or prosecuting a violation or enforcing or
implementing a law, rule, regulation, or order, where a record, either
on its face or in conjunction with other information, indicates a
violation or potential violation of law, which includes criminal,
civil, or regulatory violations and such disclosure is proper and
consistent with the official duties of the person making the
disclosure.
H. To any member of the family when a signed release of information
is documented in the case record, in furtherance of treating the family
member with special needs.
I. To officials and employees of local and state governments and
agencies in the performance of their official duties pursuant to the
laws and regulations governing local control of communicable diseases,
preventive medicine and safety programs, developmental disabilities,
and other public health and welfare programs.
K. To the federal, state or local governmental agencies when
appropriate in the counseling and treatment of individuals or families
with special medical or educational needs, or receiving early
intervention or related services.
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 a
locked drawer behind a locked door. The records are stored on magnetic
disc, tape, digital media, and CD-ROM.
Retrievability:
Data may be retrieved by a Coast Guard military or civilian
personnel's name and/or identification number (EMPLID).
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.
Retention and disposal:
Case records are maintained at a decentralized location until the
USCG military or civilian personnel is separated or retired, eligible
family member is no longer an eligible dependent, or the eligible
dependent is no longer diagnosed as having a special need. Upon
separation or retirement of the USCG military or civilian personnel,
the eligible family member is no longer an eligible dependent, or when
the eligible dependent is no longer diagnosed as having a special need,
the record will be transferred to Commandant, CG-1112. After a 3-year
retention, the record is destroyed (N1-026-07-9).
System Manager and address:
Chief, Office of Work-Life, Director of Health, Safety and Work-
Life, CG-11, United States Coast Guard, Washington, DC 20593-0001.
Notification procedure:
Individuals seeking notification of and access to any open record
contained in this system of records, or seeking to contest its content,
may submit a request in writing to the Work-Life field office where the
case record is maintained. Individuals seeking notification of and
access to any closed record contained in this system of records, or
seeking to contest its content, may submit a request in writing to the
Chief, Office of Work-Life, Director of Health, Safety and Work-Life,
CG-11, United States Coast Guard, Washington, DC 20593-0001.
When seeking records about yourself or your minor dependent 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 by 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.
[[Page 24908]]
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:
Records are obtained from medical reports that are provided to the
USCG.
Exemptions claimed for the system:
None.
Dated: April 23, 2011.
Mary Ellen Callahan,
Chief Privacy Officer, Department of Homeland Security.
[FR Doc. 2011-10756 Filed 5-2-11; 8:45 am]
BILLING CODE 4410-10-P
