Privacy Act of 1974; Department of Homeland Security United States Coast Guard-021 Appointment of Trustee or Guardian for Mentally Incompetent Personnel Files System of Records, 64818-64820 [2014-25906]
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Federal Register / Vol. 79, No. 211 / Friday, October 31, 2014 / Notices
RECORD ACCESS PROCEDURES:
See ‘‘Notification procedure’’ above.
CONTESTING RECORD PROCEDURES:
See ‘‘Notification procedure’’ above.
RECORD SOURCE CATEGORIES:
Records are obtained from USCG
investigating officers, military, and
civilian personnel. Individual service
records from proceedings conducted.
Trial proceedings and subsequent
statutory reviews—Court of Military
Review, Court of Appeals for the Armed
Services, and Chief Counsel of the
USCG.
EXEMPTIONS CLAIMED FOR THE SYSTEM:
Pursuant to exemption 5 U.S.C.
552a(j)(2) of the Privacy Act, portions of
this system are 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) and (k)(2), 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).
Dated: October 17, 2014.
Karen L. Neuman,
Chief Privacy Officer, Department of
Homeland Security.
[FR Doc. 2014–25908 Filed 10–30–14; 8:45 am]
BILLING CODE 9110–04–P
DEPARTMENT OF HOMELAND
SECURITY
Office of the Secretary
[Docket No. DHS–2014–0055]
Privacy Act of 1974; Department of
Homeland Security United States
Coast Guard–021 Appointment of
Trustee or Guardian for Mentally
Incompetent Personnel Files System of
Records
Guard to collect and preserve the
records regarding the appointment of a
trustee or guardian for mentally
incompetent United States Coast Guard
personnel. As a result of a biennial
review of this system, DHS/United
States Coast Guard is updating this
system of records to update the system
manager and address category.
Additionally, this notice includes nonsubstantive changes to simplify the
formatting and text of the previously
published notice. This updated system
will be included in the Department of
Homeland Security’s inventory of
record systems.
DATES: Submit comments on or before
December 1, 2014. This updated system
will be effective December 1, 2014.
ADDRESSES: You may submit comments,
identified by docket number DHS–
2014–0055 by one of the following
methods:
• Federal e-Rulemaking Portal: https://
www.regulations.gov. Follow the
instructions for submitting comments.
• Fax: 202–343–4010.
• Mail: Karen L. Neuman, 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, please visit https://
www.regulations.gov.
FOR FURTHER INFORMATION CONTACT: For
general questions, please contact:
Marilyn Scott-Perez (202–475–3515),
Privacy Officer, Commandant (CG–61),
United States Coast Guard, Mail Stop
7710, Washington, DC 20593. For
privacy questions, please contact: Karen
L. Neuman, (202) 343–1717, Chief
Privacy Officer, Privacy Office,
Department of Homeland Security,
Washington, DC 20528.
SUPPLEMENTARY INFORMATION:
Privacy Office, Department of
Homeland Security.
ACTION: Notice of Privacy Act System of
Records.
I. Background
In accordance with the
Privacy Act of 1974, the Department of
Homeland Security proposes to update
and reissue a current Department of
Homeland Security system of records
titled, ‘‘Department of Homeland
Security/United States Coast Guard–021
Appointment of Trustee or Guardian for
Mentally Incompetent Personnel Files
System of Records.’’ This system of
records allows the Department of
Homeland Security/United States Coast
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 a current DHS system of
records titled, ‘‘DHS/USCG–021
Appointment of Trustee or Guardian for
Mentally Incompetent Personnel Files
System of Records.’’
The collection and maintenance of
this information will assist DHS/USCG
in meeting its statutory obligation to
AGENCY:
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SUMMARY:
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maintain information on incompetent
USCG military personnel, their
dependents, and survivors for the
purpose of determining eligibility for
DHS/USCG benefits such as military
retired pay or the Survivor Benefit Plan
for dependents, and the closely-related
Veterans Affairs benefits. As a result of
a biennial review of the system, the
system manager and address category
have been updated to reflect the new
mail stop.
Consistent with DHS’s information
sharing mission, information stored in
the DHS/USCG–021 Appointment of
Trustee or Guardian for Mentally
Incompetent Personnel Files System of
Records may be shared with other DHS
components that have a need to know
the information to carry out their
national security, law enforcement,
immigration, intelligence, or other
homeland security functions. In
addition, DHS/USCG may share
information with appropriate federal,
state, local, tribal, territorial, foreign, or
international government agencies
consistent with the routine uses set
forth in this system of records notice.
This updated system will be included in
DHS’s inventory of record systems.
II. Privacy Act
The Privacy Act embodies fair
information practice principles in a
statutory framework governing the
means by which federal government
agencies collect, maintain, use, and
disseminate 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
from 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 when
systems of records maintain information
on U.S. citizens, lawful permanent
residents, and visitors.
Below is the description of the DHS/
USCG–021 Appointment of Trustee or
Guardian for Mentally Incompetent
Personnel Files 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 and to
Congress.
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Federal Register / Vol. 79, No. 211 / Friday, October 31, 2014 / Notices
System of Records
Department of Homeland Security (DHS)/
USCG–021
SYSTEM NAME:
DHS/USCG–021 Appointment of
Trustee or Guardian for Mentally
Incompetent Personnel.
SECURITY CLASSIFICATION:
Unclassified
SYSTEM LOCATION:
USCG maintains records at the United
States Coast Guard Headquarters in
Washington, DC and field offices.
Composite Health Care System is the
information technology (IT) system in
which records associated with this
function are maintained.
CATEGORIES OF INDIVIDUALS COVERED BY THE
SYSTEM:
Categories of individuals covered by
this system include Coast Guard
military personnel (regular, reserve,
active duty, and retired) and their
dependents or survivors who are
mentally incompetent and the guardian
or trustee.
CATEGORIES OF RECORDS IN THE SYSTEM:
• Individual’s name;
• Guardian trustee’s name and
contact information;
• Information relating to the mental
incompetence of certain Coast Guard
personnel, their dependents, or
survivors; and
• Records used to assist USCG
officials in appointing guardian trustees
to mentally incompetent USCG
personnel.
AUTHORITY FOR MAINTENANCE OF THE SYSTEM:
Departmental Regulations, 5 U.S.C.
301; 10 U.S.C. 1448, 1449; 14 U.S.C.
632; 37 U.S.C. 601–604; 33 CFR 49.05;
49 CFR 1.45, 1.46.
PURPOSE(S):
asabaliauskas on DSK5VPTVN1PROD with NOTICES
The purpose of this system is to
maintain information on mentally
incompetent USCG military personnel,
their dependents, and survivors to
determine eligibility for DHS/USCG
benefits such as military retired pay or
the Survivor Benefit Plan for survivors,
and the closely-related Veterans Affairs
benefits.
ROUTINE USES OF RECORDS MAINTAINED IN THE
SYSTEM, INCLUDING CATEGORIES OF USERS AND
THE PURPOSES OF SUCH USES:
Note: This system of records contains
individually identifiable health
information. The Health Insurance
Portability and Accountability Act of
1996, applies to most of such health
information. Department of Defense
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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 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 (DOJ),
including Offices of the U.S. Attorneys,
or other federal agency conducting
litigation or in proceedings before any
court, adjudicative, or administrative
body, when it is relevant or 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 or former employee
of DHS in his/her official capacity;
3. Any employee or former employee
of DHS in his/her individual capacity
when DOJ or DHS has agreed to
represent the employee; or
4. The U.S. or any agency thereof.
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 (NARA) or
General Services Administration
pursuant to records management
inspections being conducted under the
authority of 44 U.S.C. 2904 and 2906.
D. To an agency or organization 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. DHS has determined that as a result
of the suspected or confirmed
compromise, there is a risk of identity
theft or fraud, harm to economic or
property interests, harm to an
individual, or harm to the security or
integrity of this system or other systems
or programs (whether maintained by
DHS or another agency or entity) that
rely upon the compromised
information; and
3. The disclosure made to such
agencies, entities, and persons is
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64819
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, when a record, either on its face
or in conjunction with other
information, indicates a violation or
potential violation of law, which
includes criminal, civil, or regulatory
violations and such disclosure is proper
and consistent with the official duties of
the person making the disclosure.
H. To prospective or approved
guardian trustees or appointees,
including but not limited to relatives,
lawyers, and physicians or other
designated representatives.
I. To the Department of Veteran’s
Affairs upon request for the
determination of eligibility for benefits
administered by that agency.
J. To the news media and the public,
with the approval of the Chief Privacy
Officer in consultation with counsel,
when there exists a legitimate public
interest in the disclosure of the
information, when disclosure is
necessary to preserve confidence in the
integrity of DHS, or when disclosure is
necessary to demonstrate the
accountability of DHS’s officers,
employees, or individuals covered by
the system, except to the extent the
Chief Privacy Officer determines that
release of the specific information in the
context of a particular case would
constitute an unwarranted invasion of
personal privacy.
DISCLOSURE TO CONSUMER REPORTING
AGENCIES:
None.
POLICIES AND PRACTICES FOR STORING,
RETRIEVING, ACCESSING, RETAINING, AND
DISPOSING OF RECORDS IN THE SYSTEM:
STORAGE:
DHS/USCG stores records in this
system electronically or on paper in
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Federal Register / Vol. 79, No. 211 / Friday, October 31, 2014 / Notices
secure facilities in a locked drawer
behind a locked door. The records may
be stored on magnetic disc, tape, and
digital media.
RETRIEVABILITY:
DHS/USCG retrieves records
alphabetically by name.
SAFEGUARDS:
DHS/USCG safeguards records in this
system according to applicable rules
and policies, including all applicable
DHS automated systems security and
access policies. USCG has imposed
strict controls 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:
Records are retained for five years
after action is complete, then destroyed.
(AUTH: NC1–26–76–2, Item 577)
the Chief Privacy Officer and Chief
Freedom of Information Act Officer,
https://www.dhs.gov/foia or 1–866–431–
0486. In addition, you should:
• Explain 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; and
• Provide any other information that
will help the FOIA staff determine
which DHS component agency may
have responsive records;
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 the above information, the
component(s) 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:
SYSTEM MANAGER AND ADDRESS:
See ‘‘Notification procedure’’ above.
CONTESTING RECORD PROCEDURES:
NOTIFICATION PROCEDURE:
asabaliauskas on DSK5VPTVN1PROD with NOTICES
Commandant (CG–12), United States
Coast Guard, Mail Stop 7907,
Washington, DC 20593–0001.
RECORD SOURCE CATEGORIES:
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 Chief Privacy
Officer and USCG’s FOIA Officer, whose
contact information can be found at
https://www.dhs.gov/foia under
‘‘Contacts.’’ 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 Privacy Officer and
Chief Freedom of Information Act
Officer, Department of Homeland
Security, 245 Murray Drive SW.,
Building 410, STOP–0655, Washington,
DC 20528.
When seeking records about yourself
from this system of records or any other
Departmental 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
Records are obtained from U.S. Coast
Guard officials, legal representatives of
individuals, and/or individuals
concerned, medical personnel, and
complainants.
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See ‘‘Notification procedure’’ above.
EXEMPTIONS CLAIMED FOR THE SYSTEM:
None.
Dated: October 17, 2014.
Karen L. Neuman
Chief Privacy Officer, Department of
Homeland Security.
[FR Doc. 2014–25906 Filed 10–30–14; 8:45 am]
BILLING CODE 9110–04–P
DEPARTMENT OF HOMELAND
SECURITY
Office of the Secretary
[Docket No. DHS–2014–0051]
Privacy Act of 1974; Department of
Homeland Security/United States
Coast Guard—018 Exchange System
and Morale Well-Being and
Recreational Systems Files System of
Records
Department of Homeland
Security, Privacy Office.
ACTION: Notice of Privacy Act System of
Records.
AGENCY:
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In accordance with the
Privacy Act of 1974, the Department of
Homeland Security proposes to update
and reissue a current Department of
Homeland Security system of records
titled, ‘‘Department of Homeland
Security/United States Coast Guard—
018 Exchange System and Morale WellBeing and Recreational Systems Files
System of Records.’’ This system of
records allows the Department of
Homeland Security/United States Coast
Guard to collect and maintain records
on the Coast Guard Exchange System
and Morale Well-Being and Recreation
Program. As a result of a biennial review
of this system, Department of Homeland
Security/United States Coast Guard is
updating this system of records notice to
(1) include a new routine use, (2) update
the system manager and address, and (3)
clarify how the United States Coast
Guard stores Exchange System and
Morale Well-Being and Recreation
system files. This notice also includes
non-substantive changes to simplify the
formatting and text of the previously
published notice updated system. This
updated system will be included in the
Department of Homeland Security’s
inventory of record systems.
DATES: Submit comments on or before
December 1, 2014. This updated system
will be effective December 1, 2014.
ADDRESSES: You may submit comments,
identified by docket number DHS–
2014–0051 by one of the following
methods:
• Federal e-Rulemaking Portal:
https://www.regulations.gov. Follow the
instructions for submitting comments.
• Fax: (202) 343–4010.
• Mail: Karen L. Neuman, Chief
Privacy Officer, Privacy Office,
Department of Homeland Security,
Washington, DC 20528–0655.
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, please visit https://
www.regulations.gov.
FOR FURTHER INFORMATION CONTACT: For
general questions, please contact:
Marilyn Scott-Perez, (202) 475–3515,
Privacy Officer, Commandant (CG–61),
United States Coast Guard, Mail Stop
7710, Washington, DC 20593–0001. For
privacy questions, please contact: Karen
L. Neuman, (202) 343–1717, Chief
Privacy Officer, Privacy Office,
Department of Homeland Security,
Washington, DC 20528–0655.
SUMMARY:
E:\FR\FM\31OCN1.SGM
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]]>Agencies
[Federal Register Volume 79, Number 211 (Friday, October 31, 2014)]
[Notices]
[Pages 64818-64820]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2014-25906]
-----------------------------------------------------------------------
DEPARTMENT OF HOMELAND SECURITY
Office of the Secretary
[Docket No. DHS-2014-0055]
Privacy Act of 1974; Department of Homeland Security United
States Coast Guard-021 Appointment of Trustee or Guardian for Mentally
Incompetent Personnel Files System of Records
AGENCY: Privacy Office, Department of Homeland Security.
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 a current Department
of Homeland Security system of records titled, ``Department of Homeland
Security/United States Coast Guard-021 Appointment of Trustee or
Guardian for Mentally Incompetent Personnel Files System of Records.''
This system of records allows the Department of Homeland Security/
United States Coast Guard to collect and preserve the records regarding
the appointment of a trustee or guardian for mentally incompetent
United States Coast Guard personnel. As a result of a biennial review
of this system, DHS/United States Coast Guard is updating this system
of records to update the system manager and address category.
Additionally, this notice includes non-substantive changes to simplify
the formatting and text of the previously published notice. This
updated system will be included in the Department of Homeland
Security's inventory of record systems.
DATES: Submit comments on or before December 1, 2014. This updated
system will be effective December 1, 2014.
ADDRESSES: You may submit comments, identified by docket number DHS-
2014-0055 by one of the following methods:
Federal e-Rulemaking Portal: https://www.regulations.gov.
Follow the instructions for submitting comments.
Fax: 202-343-4010.
Mail: Karen L. Neuman, 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, please visit https://www.regulations.gov.
FOR FURTHER INFORMATION CONTACT: For general questions, please contact:
Marilyn Scott-Perez (202-475-3515), Privacy Officer, Commandant (CG-
61), United States Coast Guard, Mail Stop 7710, Washington, DC 20593.
For privacy questions, please contact: Karen L. Neuman, (202) 343-1717,
Chief Privacy Officer, Privacy Office, 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 a current DHS system of records titled,
``DHS/USCG-021 Appointment of Trustee or Guardian for Mentally
Incompetent Personnel Files System of Records.''
The collection and maintenance of this information will assist DHS/
USCG in meeting its statutory obligation to maintain information on
incompetent USCG military personnel, their dependents, and survivors
for the purpose of determining eligibility for DHS/USCG benefits such
as military retired pay or the Survivor Benefit Plan for dependents,
and the closely-related Veterans Affairs benefits. As a result of a
biennial review of the system, the system manager and address category
have been updated to reflect the new mail stop.
Consistent with DHS's information sharing mission, information
stored in the DHS/USCG-021 Appointment of Trustee or Guardian for
Mentally Incompetent Personnel Files System of Records may be shared
with other DHS components that have a need to know the information to
carry out their national security, law enforcement, immigration,
intelligence, or other homeland security functions. In addition, DHS/
USCG may share information with appropriate federal, state, local,
tribal, territorial, foreign, or international government agencies
consistent with the routine uses set forth in this system of records
notice. This updated system will be included in DHS's inventory of
record systems.
II. Privacy Act
The Privacy Act embodies fair information practice principles in a
statutory framework governing the means by which federal government
agencies collect, maintain, use, and disseminate 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 from 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 when systems of records
maintain information on U.S. citizens, lawful permanent residents, and
visitors.
Below is the description of the DHS/USCG-021 Appointment of Trustee
or Guardian for Mentally Incompetent Personnel Files 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 and to
Congress.
[[Page 64819]]
System of Records
Department of Homeland Security (DHS)/USCG-021
System name:
DHS/USCG-021 Appointment of Trustee or Guardian for Mentally
Incompetent Personnel.
Security classification:
Unclassified
System location:
USCG maintains records at the United States Coast Guard
Headquarters in Washington, DC and field offices. Composite Health Care
System is the information technology (IT) system in which records
associated with this function are maintained.
Categories of individuals covered by the system:
Categories of individuals covered by this system include Coast
Guard military personnel (regular, reserve, active duty, and retired)
and their dependents or survivors who are mentally incompetent and the
guardian or trustee.
Categories of records in the system:
Individual's name;
Guardian trustee's name and contact information;
Information relating to the mental incompetence of certain
Coast Guard personnel, their dependents, or survivors; and
Records used to assist USCG officials in appointing
guardian trustees to mentally incompetent USCG personnel.
Authority for maintenance of the system:
Departmental Regulations, 5 U.S.C. 301; 10 U.S.C. 1448, 1449; 14
U.S.C. 632; 37 U.S.C. 601-604; 33 CFR 49.05; 49 CFR 1.45, 1.46.
Purpose(s):
The purpose of this system is to maintain information on mentally
incompetent USCG military personnel, their dependents, and survivors to
determine eligibility for DHS/USCG benefits such as military retired
pay or the Survivor Benefit Plan for survivors, and the closely-related
Veterans Affairs benefits.
Routine uses of records maintained in the system, including categories
of users and the purposes of such uses:
Note: This system of records contains individually identifiable
health information. The Health Insurance Portability and Accountability
Act of 1996, applies to most of such health information. Department of
Defense 6025.18-R may place additional procedural requirements on the
uses and disclosures of such information beyond those found in the
Privacy Act of 1974 or mentioned in this system of records notice.
Therefore, routine uses outlined below may not apply to such health
information.
In addition to those disclosures generally permitted under 5 U.S.C.
552a(b) of the Privacy Act, all or a portion of the records 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 (DOJ), including Offices of the
U.S. Attorneys, or other federal agency conducting litigation or in
proceedings before any court, adjudicative, or administrative body,
when it is relevant or 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 or former employee of DHS in his/her official
capacity;
3. Any employee or former employee of DHS in his/her individual
capacity when DOJ or DHS has agreed to represent the employee; or
4. The U.S. or any agency thereof.
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 (NARA) or
General Services Administration pursuant to records management
inspections being conducted under the authority of 44 U.S.C. 2904 and
2906.
D. To an agency or organization 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. DHS has determined that as a result of the suspected or
confirmed compromise, there is a risk of identity theft or fraud, harm
to economic or property interests, harm to an individual, or harm to
the security or integrity of this system or other systems or programs
(whether maintained by DHS or another agency or entity) that rely upon
the compromised information; and
3. The disclosure made to such agencies, entities, and persons is
reasonably necessary to assist in connection with DHS's efforts to
respond to the suspected or confirmed compromise and prevent, minimize,
or remedy such harm.
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, when a record, either
on its face or in conjunction with other information, indicates a
violation or potential violation of law, which includes criminal,
civil, or regulatory violations and such disclosure is proper and
consistent with the official duties of the person making the
disclosure.
H. To prospective or approved guardian trustees or appointees,
including but not limited to relatives, lawyers, and physicians or
other designated representatives.
I. To the Department of Veteran's Affairs upon request for the
determination of eligibility for benefits administered by that agency.
J. To the news media and the public, with the approval of the Chief
Privacy Officer in consultation with counsel, when there exists a
legitimate public interest in the disclosure of the information, when
disclosure is necessary to preserve confidence in the integrity of DHS,
or when disclosure is necessary to demonstrate the accountability of
DHS's officers, employees, or individuals covered by the system, except
to the extent the Chief Privacy Officer determines that release of the
specific information in the context of a particular case would
constitute an unwarranted invasion of personal privacy.
Disclosure to consumer reporting agencies:
None.
Policies and practices for storing, retrieving, accessing, retaining,
and disposing of records in the system:
Storage:
DHS/USCG stores records in this system electronically or on paper
in
[[Page 64820]]
secure facilities in a locked drawer behind a locked door. The records
may be stored on magnetic disc, tape, and digital media.
Retrievability:
DHS/USCG retrieves records alphabetically by name.
Safeguards:
DHS/USCG safeguards records in this system according to applicable
rules and policies, including all applicable DHS automated systems
security and access policies. USCG has imposed strict controls 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:
Records are retained for five years after action is complete, then
destroyed. (AUTH: NC1-26-76-2, Item 577)
System Manager and address:
Commandant (CG-12), United States Coast Guard, Mail Stop 7907,
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 the Chief Privacy Officer and USCG's
FOIA Officer, whose contact information can be found at https://www.dhs.gov/foia under ``Contacts.'' 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 Privacy Officer and
Chief Freedom of Information Act Officer, Department of Homeland
Security, 245 Murray Drive SW., Building 410, STOP-0655, Washington, DC
20528.
When seeking records about yourself from this system of records or
any other Departmental 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 Chief Privacy
Officer and Chief Freedom of Information Act Officer, https://www.dhs.gov/foia or 1-866-431-0486. In addition, you should:
Explain 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; and
Provide any other information that will help the FOIA
staff determine which DHS component agency may have responsive records;
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 the above information, the component(s) 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 U.S. Coast Guard officials, legal
representatives of individuals, and/or individuals concerned, medical
personnel, and complainants.
Exemptions claimed for the system:
None.
Dated: October 17, 2014.
Karen L. Neuman
Chief Privacy Officer, Department of Homeland Security.
[FR Doc. 2014-25906 Filed 10-30-14; 8:45 am]
BILLING CODE 9110-04-P
