Privacy Act of 1974; Department of Homeland Security United States Coast Guard-020 Substance Abuse Prevention and Treatment Program System of Records, 49500-49503 [2011-20229]
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Federal Register / Vol. 76, No. 154 / Wednesday, August 10, 2011 / Notices
through computer search of magnetic
media indices both at Headquarters and
in the field offices. Additionally,
subjects are retrievable from the
computerized files by physical
description. Access to the physical files
containing records is by case number.
SAFEGUARDS:
Records in this system are
safeguarded in accordance with
applicable rules and policies, including
all applicable DHS and USSS automated
systems security and access policies.
Strict controls have been imposed to
minimize the risk of compromising the
information that is being stored,
processed, and transmitted. Access to
the computer system containing the
records in this system is limited to those
individuals who have a USSS approved
need to know the information for the
performance of their official duties and
who have appropriate clearances or
permissions.
RETENTION AND DISPOSAL:
All judicial cases are retained for a
period of 30 years after case closure
(unless otherwise required to be held
permanently for transfer to the National
Archives and Records Administration).
Non-judicial criminal investigative
cases (except non-judicial check and
bond cases) are retained for 10 years.
Non-judicial check claim and bond
forgery cases are retained for 5 years.
Administrative files of an investigatory
nature are retained for 5 years.
Investigations for other districts are
retained for 2 years. Receipts are
retained for a variety of time periods
depending on the case file to which they
pertain. Arrest history forms are held
permanently for transfer to the National
Archives and Records Administration.
Headquarters criminal investigative case
files are retained for 30 years.
Consensual and non-consensual
interception indices are held for 10
years or when investigative use no
longer exists, whichever is longer.
Fingerprint and photograph files are
retained at varying intervals based on
case type and in accordance with record
retention schedules approved by the
National Archives and Records
Administration.
emcdonald on DSK2BSOYB1PROD with NOTICES
SYSTEM MANAGER AND ADDRESS:
NOTIFICATION PROCEDURE:
The Secretary of Homeland Security
has exempted this system from the
notification, access, and amendment
17:48 Aug 09, 2011
RECORD ACCESS PROCEDURES:
See ‘‘Notification procedure’’ above.
CONTESTING RECORD PROCEDURES:
Assistant Director, Office of
Investigations, U.S. Secret Service, 245
Murray Lane SW., Building T–5,
Washington, DC 20223.
VerDate Mar<15>2010
procedures of the Privacy Act because it
is a law enforcement system. However,
DHS/USSS will consider individual
requests to determine whether or not
information may be released. Thus,
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 the USSS FOIA Officer, 245
Murray Drive SW., Building T–5,
Washington, DC 20223. If an individual
believes more than one component
maintains Privacy Act records
concerning him or her, the individual
may submit the request to the Chief
FOIA Officer, Department of Homeland
Security, whose contact information can
be found at https://www.dhs.gov/foia.
When seeking records about yourself
from this system of records or any other
USSS 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
USSS 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.
Jkt 223001
See ‘‘Notification procedure’’ above.
RECORD SOURCE CATEGORIES:
The Secretary of Homeland Security
has exempted this system from
subsections (e)(4)(I) of the Privacy Act
pursuant to 5 U.S.C. 552a(j)(2) and (k)(2)
and (k)(3); therefore, records sources
shall not be disclosed.
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Fmt 4703
Sfmt 4703
EXEMPTIONS CLAIMED FOR THE SYSTEM:
Pursuant to exemption 5 U.S.C.
552a(j)(2) of the Privacy Act and the
limitations therein, this system is
exempt from 5 U.S.C. 552a(c)(3) and (4);
(d); (e)(1), (e)(2), (e)(3), (e)(4)(G),
(e)(4)(H), (e)(4)(I), (e)(5) and (e)(8); (f);
and (g). Pursuant to 5 U.S.C. 552a(k)(1),
(k)(2), (k)(3) this system is exempt from
the following provisions of the Privacy
Act, subject to the limitations set forth
in those subsections: 5 U.S.C. 552a(c)(3),
(d), (e)(1), (e)(4)(G), (e)(4)(H), (e)(4)(I),
and (f). In addition, to the extent a
record contains information from other
exempt systems of records; USSS will
rely on the exemptions claimed for
those systems.
Dated: July 14, 2011.
Mary Ellen Callahan,
Chief Privacy Officer, Department of
Homeland Security.
[FR Doc. 2011–20226 Filed 8–9–11; 8:45 am]
BILLING CODE 4810–42–P
DEPARTMENT OF HOMELAND
SECURITY
Office of the Secretary
[Docket No. DHS–2011–0053]
Privacy Act of 1974; Department of
Homeland Security 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, the Department of
Homeland Security proposes to update
and reissue an existing Department of
Homeland Security system of records
titled, ‘‘Department of Homeland
Security/United States Coast Guard—
020 Substance Abuse Prevention and
Treatment Program System of Records.’’
This system of records notice allows the
Department of Homeland Security/
United States Coast Guard to collect and
maintain the United States Coast
Guard’s Substance Abuse Prevention
and Treatment Program records. As a
result of a biennial review of this
system, categories of individuals,
categories of records, and the purpose of
the system have been updated. This
updated system will replace the
previously published system of records
in the Department of Homeland
Security’s inventory of record systems.
DATES: Submit written comments on or
before September 9, 2011. This new
E:\FR\FM\10AUN1.SGM
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Federal Register / Vol. 76, No. 154 / Wednesday, August 10, 2011 / Notices
system will be effective September 9,
2011.
samples, an estimate of how common
substance abuse is in the service.
You may submit comments,
identified by docket number DHS–
2011–0053 by one of the following
methods:
• Federal e-Rulemaking Portal:
https://www.regulations.gov. Follow the
instructions for submitting comments.
• Fax: 1–703–483–2999.
• 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.
II. Privacy Act
ADDRESSES:
FOR FURTHER INFORMATION CONTACT: For
general questions please contact:
Marilyn Scott-Perez (202–475–3515),
Privacy Officer, United States Coast
Guard, 2100 2nd Street, SW., Stop 7101
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:
emcdonald on DSK2BSOYB1PROD with NOTICES
I. Background
In accordance with the Privacy Act of
1974, 5 U.S.C. 552a, the Department of
Homeland Security (DHS) United States
Coast Guard (USCG) proposes to update
and reissue an existing DHS system of
records titled, ‘‘DHS/USCG–020
Substance Abuse Prevention and
Treatment Program System of Records.’’
This system allows the USCG to collect
and maintain the USCG’s Substance
Abuse Prevention and Treatment
Program records.
As a result of the biennial review of
this system, records have been updated
in the categories of individuals covered
by the system section to specifically
identify Coast Guard personnel, active
duty and reserve receiving substance
abuse treatment (inpatient or
outpatient), and those requiring followup or aftercare substance abuse
treatment services. Records in the
categories of records in the system have
been updated to include member
responses to alcohol screening
questions. The purpose of the system
has been updated to reflect the fact the
Coast Guard will use prevalence
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17:48 Aug 09, 2011
Jkt 223001
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
systems of records maintain information
on U.S. citizens, lawful permanent
residents, and visitors.
Below is the description of the DHS/
United States Coast Guard—020
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
system of records to the Office of
Management and Budget (OMB) 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
Department of Homeland Security
(DHS)/USCG–020.
SYSTEM NAME:
DHS/USCG–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.
PO 00000
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Fmt 4703
Sfmt 4703
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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 screening,
those receiving substance abuse
treatment (inpatient or outpatient), and
those requiring follow-up or aftercare
substance abuse treatment services.
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;
• Member responses to alcohol
screening questions;
• 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.
93(a)(17); 14 U.S.C. 632; 42 U.S.C. 4541;
COMDTINST M6200.1A, 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, to understand through
prevalence samples the impact on the
service, to judge the magnitude of drug
and alcohol abuse in the service; and to
measure the effectiveness and efficacy
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 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,
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access to the record by the individual to
whom the record pertains is governed by the
Privacy Act.
emcdonald on DSK2BSOYB1PROD with NOTICES
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 (DOJ),
including U.S. 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 DOJ or
DHS has agreed to represent the
employee; or
4. the U.S. 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 the National Archives and
Records Administration (NARA) 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 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
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17:48 Aug 09, 2011
Jkt 223001
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.
E. 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).
F. 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.
G. To report to appropriate authorities
when an individual is potentially at risk
to harm himself/herself or others.
H. 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:
SYSTEM MANAGER AND ADDRESS:
Commandant (CG–11), United States
Coast Guard Headquarters, 2100 2nd
Frm 00072
Fmt 4703
Sfmt 4703
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.,
Stop 7902, Washington, DC 20593.
When seeking records about yourself
from this system of records or any other
Departmental 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 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;
• Identify which component(s) of the
Department you believe may have the
information about you;
• Specify when you believe the
records would have been created;
• Provide any other information that
will help the FOIA staff determine
which DHS component agency may
have responsive records; and
• 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:
Records in this system are stored
electronically in secure facilities behind
a locked door. The records are stored on
an electronic server. Military Substance
abuse records are not scheduled.
Records will be retained indefinitely.
PO 00000
Street, SW., Stop 7902, Washington, DC
20593.
See ‘‘Notification procedure’’ above.
RECORD SOURCE CATEGORIES:
Records are obtained 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\10AUN1.SGM
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Federal Register / Vol. 76, No. 154 / Wednesday, August 10, 2011 / Notices
Dated: July 13, 2011.
Mary Ellen Callahan,
Chief Privacy Officer, Department of
Homeland Security.
[FR Doc. 2011–20229 Filed 8–9–11; 8:45 am]
BILLING CODE 9110–04–P
DEPARTMENT OF HOMELAND
SECURITY
Transportation Security Administration
Intent To Request Renewal From OMB
of One Current Public Collection of
Information: Employment Standards
AGENCY: Transportation Security
Administration, DHS.
ACTION: 60-day Notice.
emcdonald on DSK2BSOYB1PROD with NOTICES
SUMMARY: The Transportation Security
Administration (TSA) invites public
comment on one currently approved
Information Collection Request (ICR),
Office of Management and Budget
(OMB) control number 1652–0006,
abstracted below that we will submit to
OMB for renewal in compliance with
the Paperwork Reduction Act (PRA).
The ICR describes the nature of the
information collection and its expected
burden. The collection involves the
requirement for airport and aircraft
operators to maintain records of
compliance with 49 CFR parts 1542 and
1544.
DATES: Send your comments by October
11, 2011.
ADDRESSES: Comments may be e-mailed
to TSAPRA@dhs.gov or delivered to the
TSA PRA Officer, Office of Information
Technology (OIT), TSA–11,
Transportation Security Administration,
601 South 12th Street, Arlington, VA
20598–6011.
FOR FURTHER INFORMATION CONTACT:
Joanna Johnson at the above address, or
by telephone (571) 227–3651.
SUPPLEMENTARY INFORMATION:
Comments Invited
In accordance with the Paperwork
Reduction Act of 1995 (44 U.S.C. 3501
et seq.), an agency may not conduct or
sponsor, and a person is not required to
respond to, a collection of information
unless it displays a valid OMB control
number. The ICR documentation is
available at https://www.reginfo.gov.
Therefore, in preparation for OMB
review and approval of the following
information collection, TSA is soliciting
comments to—
(1) Evaluate whether the proposed
information requirement is necessary for
the proper performance of the functions
of the agency, including whether the
information will have practical utility;
VerDate Mar<15>2010
17:48 Aug 09, 2011
Jkt 223001
(2) Evaluate the accuracy of the
agency’s estimate of the burden;
(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 using
appropriate automated, electronic,
mechanical, or other technological
collection techniques or other forms of
information technology.
Information Collection Requirement
OMB Control Number 1652–0006;
Employment Standards, 49 CFR parts
1542 and 1544. The purpose of this
information collection is to determine
compliance with 49 CFR parts 1542 and
1544. TSA requires that airport
operators maintain records of criminal
history records checks and security
threat assessments in compliance with
49 CFR part 1542 and a related security
directive for those employees with
access privileges to security
identification display areas of the
airport. TSA also requires that aircraft
operators maintain records of
compliance with 49 CFR part 1544 for
selected crew and security employees.
TSA Transportation Security Inspectors
(TSIs) review these records to ensure
that the safety and security of the public
is not compromised, to include using
this information to take corrective
action when necessary. These
regulations establish procedures that
airports and airlines must carry out to
protect persons and property against
acts of criminal violence, aircraft piracy,
and terrorist activities. The current
estimated annual recordkeeping burden
is 35,898 hours.
Issued in Arlington, Virginia, on August 4,
2011.
Joanna Johnson,
Paperwork Reduction Act Officer, Business
Improvements and Communications, Office
of Information Technology.
[FR Doc. 2011–20252 Filed 8–9–11; 8:45 am]
BILLING CODE 9110–05–P
DEPARTMENT OF HOMELAND
SECURITY
Transportation Security Administration
Intent To Request Renewal From OMB
of One Current Public Collection of
Information: Airport Security
AGENCY: Transportation Security
Administration, DHS.
ACTION: 60-day Notice.
SUMMARY: The Transportation Security
Administration (TSA) invites public
PO 00000
Frm 00073
Fmt 4703
Sfmt 4703
49503
comment on one currently approved
Information Collection Request (ICR),
Office of Management and Budget
(OMB) control number 1652–0002,
abstracted below that we will submit to
OMB for renewal in compliance with
the Paperwork Reduction Act (PRA).
The ICR describes the nature of the
information collection and its expected
burden. These programs require airport
operators to maintain and update
records to ensure compliance with
security provisions outlined in 49 CFR
part 1542.
DATES: Send your comments by October
11, 2011.
ADDRESSES: Comments may be e-mailed
to TSAPRA@dhs.gov or delivered to the
TSA PRA Officer, Office of Information
Technology (OIT), TSA–11,
Transportation Security Administration,
601 South 12th Street, Arlington, VA
20598–6011.
FOR FURTHER INFORMATION CONTACT:
Joanna Johnson at the above address, or
by telephone (571) 227–3651.
SUPPLEMENTARY INFORMATION:
Comments Invited
In accordance with the Paperwork
Reduction Act of 1995 (44 U.S.C. 3501
et seq.), an agency may not conduct or
sponsor, and a person is not required to
respond to, a collection of information
unless it displays a valid OMB control
number. The ICR documentation is
available at https://www.reginfo.gov.
Therefore, in preparation for OMB
review and approval of the following
information collection, TSA is soliciting
comments to—
(1) Evaluate whether the proposed
information requirement 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
agency’s estimate of the burden;
(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 using
appropriate automated, electronic,
mechanical, or other technological
collection techniques or other forms of
information technology.
Information Collection Requirement
OMB Control Number 1652–0002;
Airport Security, 49 CFR part 1542. The
information collected is used to
determine compliance with 49 CFR part
1542 and to ensure passenger safety and
security by monitoring airport operator
security procedures. TSA is seeking to
renew its OMB control number, 1652–
E:\FR\FM\10AUN1.SGM
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]]>Agencies
[Federal Register Volume 76, Number 154 (Wednesday, August 10, 2011)]
[Notices]
[Pages 49500-49503]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2011-20229]
-----------------------------------------------------------------------
DEPARTMENT OF HOMELAND SECURITY
Office of the Secretary
[Docket No. DHS-2011-0053]
Privacy Act of 1974; Department of Homeland Security 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, the Department of
Homeland Security proposes to update and reissue an existing Department
of Homeland Security system of records titled, ``Department of Homeland
Security/United States Coast Guard--020 Substance Abuse Prevention and
Treatment Program System of Records.'' This system of records notice
allows the Department of Homeland Security/United States Coast Guard to
collect and maintain the United States Coast Guard's Substance Abuse
Prevention and Treatment Program records. As a result of a biennial
review of this system, categories of individuals, categories of
records, and the purpose of the system have been updated. This updated
system will replace the previously published system of records in the
Department of Homeland Security's inventory of record systems.
DATES: Submit written comments on or before September 9, 2011. This new
[[Page 49501]]
system will be effective September 9, 2011.
ADDRESSES: You may submit comments, identified by docket number DHS-
2011-0053 by one of the following methods:
Federal e-Rulemaking Portal: https://www.regulations.gov.
Follow the instructions for submitting comments.
Fax: 1-703-483-2999.
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:
Marilyn Scott-Perez (202-475-3515), Privacy Officer, United States
Coast Guard, 2100 2nd Street, SW., Stop 7101 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, 5 U.S.C. 552a, the
Department of Homeland Security (DHS) United States Coast Guard (USCG)
proposes to update and reissue an existing DHS system of records
titled, ``DHS/USCG-020 Substance Abuse Prevention and Treatment Program
System of Records.'' This system allows the USCG to collect and
maintain the USCG's Substance Abuse Prevention and Treatment Program
records.
As a result of the biennial review of this system, records have
been updated in the categories of individuals covered by the system
section to specifically identify Coast Guard personnel, active duty and
reserve receiving substance abuse treatment (inpatient or outpatient),
and those requiring follow-up or aftercare substance abuse treatment
services. Records in the categories of records in the system have been
updated to include member responses to alcohol screening questions. The
purpose of the system has been updated to reflect the fact the Coast
Guard will use prevalence samples, an estimate of how common substance
abuse is in the service.
II. 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 systems of records
maintain information on U.S. citizens, lawful permanent residents, and
visitors.
Below is the description of the DHS/United States Coast Guard--020
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 system of records to the Office of Management and Budget (OMB) 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
Department of Homeland Security (DHS)/USCG-020.
System name:
DHS/USCG-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
screening, those receiving substance abuse treatment (inpatient or
outpatient), and those requiring follow-up or aftercare substance abuse
treatment services.
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;
Member responses to alcohol screening questions;
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. 93(a)(17); 14 U.S.C. 632; 42
U.S.C. 4541; COMDTINST M6200.1A, 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, to understand through prevalence
samples the impact on the service, to judge the magnitude of drug and
alcohol abuse in the service; and to measure the effectiveness and
efficacy 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 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,
[[Page 49502]]
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 (DOJ), including U.S. 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 DOJ
or DHS has agreed to represent the employee; or
4. the U.S. 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 the National Archives and Records Administration (NARA) 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 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.
E. 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).
F. 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.
G. To report to appropriate authorities when an individual is
potentially at risk to harm himself/herself or others.
H. 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. Military Substance abuse records are not scheduled.
Records will be retained indefinitely.
System Manager and address:
Commandant (CG-11), United States Coast Guard Headquarters, 2100
2nd Street, SW., Stop 7902, Washington, DC 20593.
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., Stop 7902, Washington,
DC 20593.
When seeking records about yourself from this system of records or
any other Departmental 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 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;
Identify which component(s) of the Department you believe
may have the information about you;
Specify when you believe the records would have been
created;
Provide any other information that will help the FOIA
staff determine which DHS component agency may have responsive records;
and
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 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 49503]]
Dated: July 13, 2011.
Mary Ellen Callahan,
Chief Privacy Officer, Department of Homeland Security.
[FR Doc. 2011-20229 Filed 8-9-11; 8:45 am]
BILLING CODE 9110-04-P
