Privacy Act of 1974; Department of Homeland Security/United States Coast Guard-015 Legal Assistance Case Files System of Records, 45520-45523 [2016-16598]

Agencies

• DEPARTMENT OF HOMELAND SECURITY
• Office of the Secretary

[Federal Register Volume 81, Number 135 (Thursday, July 14, 2016)]
[Notices]
[Pages 45520-45523]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2016-16598]


-----------------------------------------------------------------------

DEPARTMENT OF HOMELAND SECURITY

Office of the Secretary

[Docket No. DHS-2016-0038]


Privacy Act of 1974; Department of Homeland Security/United 
States Coast Guard-015 Legal Assistance Case 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 (DHS) proposes to update and reissue a current DHS 
system of records titled, ``Department of Homeland Security (DHS)/
United States Coast Guard (USCG)-015 Legal Assistance Case Files System 
of Records.'' This system of records allows DHS/USCG to collect and 
maintain records regarding legal assistance. As a result of the 
biennial review of this system, DHS/USCG is updating this system of 
records notice to clarify the authorities for collection, update the 
system manager, and update the system location. 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 August 15, 2016. This updated 
system will be effective August 15, 2016.

ADDRESSES: You may submit comments, identified by docket number DHS-
2016-0038 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),

[[Page 45521]]

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-015 Legal Assistance Case Files System of Records.'' The 
collection and maintenance of this information will assist DHS/USCG in 
meeting its statutory obligation in providing personal legal assistance 
to USCG military personnel. Legal Assistance is a branch of the Judge 
Advocate General (JAG) CG-094. Legal Assistance is established for all 
military branches of the Department of Defense and the DHS/USCG by an 
Act of Congress under 10 U.S.C. 1044. According to sec. 1044, the 
purpose is to assist qualified individuals and provide legal assistance 
in connection with their personal civil legal affairs. Eligible 
personnel are outlined in sec. 1044:
     Military personnel of the armed forces who are on active 
duty (including reservists on active duty or scheduled for deployment).
     Military personnel and former military personnel entitled 
to retired or retainer pay or equivalent pay.
     Officers of the commissioned corps of the Public Health 
Service who are on active duty or entitled to retired or equivalent 
pay.
     Dependents of military personnel (including dependents of 
reservists on active duty or scheduled for deployment) and retired 
military personnel described above.
     Other persons authorized by the Judge Advocate General.
    The DHS/USCG-015 Legal Assistance Case Files System of Records are 
the USCG's record system used for the collection and maintenance of 
records regarding legal assistance. As a result of a biennial review of 
the system, DHS/USCG is updating this system of records notice to 
clarify the authorities for collection, update the system manager, and 
update the system location to reflect the new mailstop.
    Consistent with DHS's information-sharing mission, information 
stored in the DHS/USCG-015 Legal Assistance Case 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, information may be shared 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-015 Legal Assistance Case 
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.
System of Records
    Department of Homeland Security (DHS)/United States Coast Guard 
(USCG)-015

System name:
    DHS/USCG-015 Legal Assistance Case Files System of Records.

Security classification:
    Unclassified.

System location:
    Records are maintained at the USCG Headquarters in Washington, DC 
and field offices. The Case Matter Management Tracking (CMMT) System, 
also known as ``Law Manager,'' 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:
     Military personnel of the armed forces who are on active 
duty (including reservists on active duty or scheduled for deployment).
     Military personnel and former military personnel entitled 
to retired or retainer pay or equivalent pay.
     Officers of the commissioned corps of the Public Health 
Service who are on active duty or entitled to retired or equivalent 
pay.
     Dependents of military personnel (including dependents of 
reservists on active duty or scheduled for deployment) and retired 
military personnel described above.
     Other persons authorized by the Judge Advocate General.

Categories of records in the system:
     Categories of records in this system include:
    [cir] Name;
    [cir] Rank;
    [cir] Employee identification number;
    [cir] Date of birth;
    [cir] Duty station;
    [cir] Telephone numbers;
    [cir] Work and home addresses;
    [cir] Case number;
    [cir] Any information within the legal case file concerning the 
personal matters handled by these offices for clients (e.g., executing 
wills, power of attorney, separation/divorce, landlord/tenant issues, 
consumer issues).

Authority for maintenance of the system:
    10 U.S.C. 1044; and Commandant Instruction 5801.4E.

Purpose(s):
    The purpose of this system is to provide legal assistance to 
eligible clients (active duty armed forces members and their 
dependents; former members entitled to retired/retainer/equivalent pay 
and their dependents; commissioned corps of the Public Health Service 
and the National Oceanic and Atmospheric Administration officers on 
active duty or entitled to retired or equivalent pay; survivors of 
members or former members who were eligible for legal assistance when 
they died; and those persons authorized by the Judge Advocate General) 
seeking personal legal assistance pursuant to CI 5801.4E. Legal 
assistance services provided may include; wills and estate planning; 
military testamentary instruments; advanced medical directives or 
living wills; Military Advanced Medical Directives (MAMD); Landlord-
Tenant and Consumer Affairs

[[Page 45522]]

disputes; civil suits; tax disputes; adoptions and name changes; 
domestic relations; powers of attorney; and minor criminal matters. All 
Coast Guard legal assistance services are described in CI 5801.4E.

Routine uses of records maintained in the system, including categories 
of users and the purposes of such uses:
    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, 
subject to attorney ethical requirements regarding confidentiality and 
privilege, 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 
United States Attorney, 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 United States 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 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 or when 
disclosure is necessary to preserve confidence in the integrity of DHS 
or is necessary to demonstrate the accountability of DHS's officers, 
employees, or individuals covered by the system, except to the extent 
it is determined 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 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 may retrieve records by name or case number.

Safeguards:
    DHS/USCG safeguards records in this system in accordance with 
applicable rules and policies, including all applicable DHS automated 
systems security and access policies. DHS/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:
    DHS/USCG destroys or deletes records 3 years after case is closed 
or when no longer needed by an attorney's state bar, whichever is 
later. (AUTH: N1-26-06-3, Item 1).

System Manager and address:
    Commandant, (CG-094), United States Coast Guard, Mail Stop 7213, 
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 Commandant (CG-611), United 
States Coast Guard, Mail Stop 7710, Washington, DC 20593. 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 (FOIA) 
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 FOIA Officer, https://www.dhs.gov/foia or 1-866-431-
0486. In addition, you should:

[[Page 45523]]

     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 directly from the client involved and during 
any subsequent investigation by the legal officer on behalf of the 
client.

Exemptions claimed for the system:
    None.

    Dated: June 23, 2016.
Karen L. Neuman,
Chief Privacy Officer, Department of Homeland Security.
[FR Doc. 2016-16598 Filed 7-13-16; 8:45 am]
 BILLING CODE 9110-04-P