[Federal Register Volume 79, Number 211 (Friday, October 31, 2014)]
[Notices]
[Pages 64818-64820]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2014-25906]
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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.
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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: http://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 http://www.regulations.gov, including any
personal information provided.
Docket: For access to the docket to read background documents or
comments received, please visit http://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 http://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, http://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