[Federal Register Volume 73, Number 239 (Thursday, December 11, 2008)]
[Notices]
[Pages 75458-75460]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E8-29397]


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DEPARTMENT OF HOMELAND SECURITY

Office of the Secretary

[Docket No. DHS-2008-0147]


Privacy Act of 1974; United States Coast Guard-007 Exceptional 
Family Member Program Records System of Records

AGENCY: Privacy Office; DHS.

ACTION: Notice of Privacy Act system of records.

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SUMMARY: In accordance with the Privacy Act of 1974, and as part of the 
Department of Homeland Security Privacy Office's ongoing effort to 
review and update legacy system of record notices the Department of 
Homeland Security is giving notice that it proposes to update and 
reissue the following legacy record system, DOT/CG 641 Coast Guard 
Special Needs Program as a Department of Homeland Security system of 
records notice titled, United States Coast Guard Exceptional Family 
Member Program. This system will allow the Department of Homeland 
Security/United States Coast Guard to collect and maintain records on 
civilian, active duty, reserve, retired active duty and retired reserve 
military personnel, and their eligible dependents identified as 
exceptional family members. Categories of individuals, categories of 
records, and the routine uses of this legacy system of records notice 
have been reviewed and updated to better reflect the Department of 
Homeland Security/United States Coast Guard's exceptional family member 
record system. This new system will be included in the Department of 
Homeland Security's inventory of record systems.

DATES: Written comments must be submitted on or before January 12, 
2009. This new system will be effective January 12, 2009.

ADDRESSES: You may submit comments, identified by docket number DHS-
2008-0147 by one of the following methods:
     Federal e-Rulemaking Portal: http://www.regulations.gov. 
Follow the instructions for submitting comments.
     Fax: 1-866-466-5370.
     Mail: Hugo Teufel III, 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 go to http://www.regulations.gov.

FOR FURTHER INFORMATION CONTACT: For general questions please contact: 
David Roberts (202-475-3521), Privacy Officer, United States Coast 
Guard. For privacy issues please contact: Hugo Teufel III (703-235-
0780), Chief Privacy Officer, Privacy Office, U.S. Department of 
Homeland Security, Washington, DC 20528.

SUPPLEMENTARY INFORMATION:

I. Background

    Pursuant to the savings clause in the Homeland Security Act of 
2002, Public Law 107-296, Section 1512, 116 Stat. 2310 (November 25, 
2002), the Department of Homeland Security (DHS)/United States Coast 
Guard (USCG) have relied on preexisting Privacy Act system of records 
notices for the collection and maintenance of records that concern the 
USCG military and civilian personnel and, when applicable, their 
eligible dependents identified as exceptional family members.
    As part of its efforts to streamline and consolidate its record 
systems, DHS/USCG is updating and reissuing a system of records under 
the Privacy Act (5 U.S.C. 552a) that deals with USCG military 
personnel, civilian personnel and their eligible dependents identified 
as exceptional family members. The system will allow DHS/USCG to 
collect and maintain records on USCG military personnel, civilian 
personnel and their eligible dependents identified as exceptional 
family members. The collection and maintenance of this information will 
assist DHS/USCG in meeting its obligation to assist military personnel, 
civilian personnel and their eligible dependents identified as 
exceptional family members.
    In accordance with the Privacy Act of 1974, and as part of the DHS 
Privacy Office's ongoing effort to review and update legacy system of 
record notices the DHS is giving notice that it proposes to update and 
reissue the following legacy record system DOT/CG 641 Coast Guard 
Special Needs Program (65 FR 19476 4/11/2000) as a DHS/USCG system of 
records notice titled, USCG Exceptional Family Member Program. This 
system will allow the Department of Homeland Security/United States 
Coast Guard to collect and maintain records on civilians, active duty, 
reserve, retired active duty and retired reserve military personnel, 
and their eligible dependents identified as exceptional family members. 
Categories of individuals, categories of records, and the routine uses 
of this legacy system of records notice have been reviewed and updated 
to better reflect the DHS/USCG's exceptional family member record 
system. This new system will be included in DHS's inventory of record 
systems.

II. Health Insurance Portability and Accountability Act

    This system of records contains individually identifiable health 
information. The Department of Defense Health Information Privacy 
Regulation (DoD 6025.18-R) issued pursuant to the Health Insurance 
Portability and Accountability Act of 1996, applies to most such health 
information. Department of Defense 6025.18-R may

[[Page 75459]]

place additional procedural requirements on the uses and disclosures of 
such information beyond those found in the Privacy Act of 1974 or 
mentioned in this system of records notice.

III. Privacy Act

    The Privacy Act embodies fair information principles in a statutory 
framework governing the means by which the United States 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 from which information is stored and retrieved by 
the name of the individual or by some identifying number such as 
property address, or mailing address symbol, assigned to the 
individual. In the Privacy Act, an individual is defined to encompass 
United States citizens and legal permanent residents. DHS extends 
administrative Privacy Act protections to all individuals where 
information is maintained on both U.S. citizens, lawful permanent 
residents, and visitors. Individuals may request their own records that 
are maintained in a system of records in the possession or under the 
control of DHS by complying with DHS Privacy Act regulations, 6 CFR 
5.21.
    The Privacy Act requires each agency to publish in the Federal 
Register a description denoting the type and character of each system 
of records that the agency maintains, and the routine uses that are 
contained in each system in order to make agency record keeping 
practices transparent, to notify individuals regarding the uses of 
their records, and to assist individuals to more easily find such files 
within the agency. Below is the description of the DHS/USCG Exceptional 
Family Member system of records.
    In accordance with 5 U.S.C. 552a(r), DHS has provided a report of 
this new system of records to the Office of Management and Budget and 
to Congress.
System of Records: DHS/USCG-007

System name:
    United States Coast Guard Exceptional Family Member Program.

Security classification:
    Unclassified.

System location:
    Records are maintained at USCG Headquarters in Washington, DC and 
field locations.

Categories of individuals covered by the system:
    Coast Guard active duty, reserve, retired active duty, retired 
reserve, and civilian personnel and their eligible dependents who have 
a long-term physical or mental chronic condition that substantially 
limits one or more of the major life activities of an individual 
including professionally diagnosed medical, physical, psychological, 
and/or educational disabilities.

Categories of records in the system:
    Categories of records in this system include:
     Military or civilian personnel's name;
     Eligible dependent's name and birth date;
     Service member's, civilian's or eligible dependents home 
address, phone numbers, and e-mail information;
     Identification number (EMPLID); social security numbers of 
the service member or civilian personnel are currently in the case 
records (we will no longer be asking for those in the new policy, but 
the numbers will still be in all of the old files);
     Eligible dependent's diagnosed special need, including 
copies of medical, educational, and psychological reports, enrollment 
forms, correspondence and follow-up, and any other data relevant to the 
dependent's individual special needs' program files; and
     Benefits, including case management activities, and 
supports and services received related to the special need.

Authority for maintenance of the system:
    The Homeland Security Act of 2002, Public Law 107-296, Federal 
Records Act, 44 U.S.C. 3101; 6 CFR Part 5; 5 U.S.C. 301, and COMNDTINST 
1754.7 (series).

Purpose(s):
    The purpose of this system is to administer exceptional family 
member needs requests of USCG military and civilian personnel to 
coordinate the exceptional family member program's medical care, mental 
health treatment, and to provide case management for USCG military and 
civilian personnel and eligible dependants identified as exceptional 
family members.

Routine uses of records maintained in the system, including categories 
of users and the purposes of such uses:
    This system of records contains individually identifiable health 
information. The Department of Defense Health Information Privacy 
Regulation (DoD 6025.18-R) issued pursuant to the Health Insurance 
Portability and Accountability Act of 1996, applies to most such health 
information. Department of Defense 6025.18-R may place additional 
procedural requirements on the uses and disclosures of such information 
beyond those found in the Privacy Act of 1974 or mentioned in this 
system of records notice.
    In addition to those disclosures generally permitted under 5 U.S.C. 
552a(b) of the Privacy Act, all or a portion of the records or 
information contained in this system may be disclosed outside DHS as a 
routine use pursuant to 5 U.S.C. 552a(b)(3) as follows:
    A. To the Department of Justice (including United States Attorney 
Offices) or other Federal agency conducting litigation or in 
proceedings before any court, adjudicative or administrative body when 
it is necessary to the litigation and one of the following is a party 
to the litigation or has an interest in such litigation:
    1. DHS or any component thereof;
    2. any employee of DHS in his/her official capacity;
    3. any employee of DHS in his/her individual capacity where DOJ or 
DHS has agreed to represent the employee; or
    4. the United States or any agency thereof, is a party to the 
litigation or has an interest in such litigation, and DHS determines 
that the records are both relevant and necessary to the litigation and 
the use of such records is compatible with the purpose for which DHS 
collected the records.
    B. To a congressional office from the record of an individual in 
response to an inquiry from that congressional office made at the 
request of the individual to whom the record pertains.
    C. To the National Archives and Records Administration or other 
Federal government agencies pursuant to records management inspections 
being conducted under the authority of 44 U.S.C. 2904 and 2906.
    D. To an agency, organization, or individual for the purpose of 
performing audit or oversight operations as authorized by law, but only 
such information as is necessary and relevant to such audit or 
oversight function.
    E. To appropriate agencies, entities, and persons when:
    1. DHS suspects or has confirmed that the security or 
confidentiality of information in the system of records has been 
compromised;
    2. The Department has determined that as a result of the suspected 
or confirmed compromise there is a risk of harm to economic or property 
interests, identity theft or fraud, or harm to the

[[Page 75460]]

security or integrity of this system or other systems or programs 
(whether maintained by DHS or another agency or entity) or harm to the 
individual who relies upon the compromised information; and
    3. The disclosure made to such agencies, entities, and persons is 
reasonably necessary to assist in connection with DHS's efforts to 
respond to the suspected or confirmed compromise and prevent, minimize, 
or remedy such harm.
    F. To contractors and their agents, grantees, experts, consultants, 
and others performing or working on a contract, service, grant, 
cooperative agreement, or other assignment for DHS, when necessary to 
accomplish an agency function related to this system of records. 
Individuals provided information under this routine use are subject to 
the same Privacy Act requirements and limitations on disclosure as are 
applicable to DHS officers and employees.
    G. To an appropriate Federal, State, tribal, local, international, 
or foreign law enforcement agency or other appropriate authority 
charged with investigating or prosecuting a violation or enforcing or 
implementing a law, rule, regulation, or order, where a record, either 
on its face or in conjunction with other information, indicates a 
violation or potential violation of law, which includes criminal, 
civil, or regulatory violations and such disclosure is proper and 
consistent with the official duties of the person making the 
disclosure.
    H. To any member of the family when a signed release of information 
is documented in the case record, in furtherance of treating the family 
member with special needs.
    I. To officials and employees of local and state governments and 
agencies in the performance of their official duties pursuant to the 
laws and regulations governing local control of communicable diseases, 
preventive medicine and safety programs, developmental disabilities, 
and other public health and welfare programs.
    K. To the Federal, state or local governmental agencies when 
appropriate in the counseling and treatment of individuals or families 
with special medical or educational needs, or receiving early 
intervention or related services.

Disclosure to consumer reporting agencies:
    None.

Policies and practices for storing, retrieving, accessing, retaining, 
and disposing of records in the system:
Storage:
    Records in this system are stored electronically or on paper in a 
locked drawer behind a locked door. The records are stored on magnetic 
disc, tape, digital media, and CD-ROM.

Retrievability:
    Data may be retrieved by a Coast Guard military or civilian 
personnel's name and/or identification number (EMPLID),

Safeguards:
    Records in this system are safeguarded in accordance with 
applicable rules and policies, including all applicable DHS automated 
systems security and access policies. Strict controls have been imposed 
to minimize the risk of compromising the information that is being 
stored. Access to the computer system containing the records in this 
system is limited to those individuals who have a need to know the 
information for the performance of their official duties and who have 
appropriate clearances or permissions.

Retention and disposal:
    Case records are maintained at a decentralized location until the 
USCG military or civilian personnel is separated or retired, eligible 
family member is no longer an eligible dependent, or the eligible 
dependent is no longer diagnosed as having a special need. Upon 
separation or retirement of the USCG military or civilian personnel, 
the eligible family member is no longer an eligible dependent, or when 
the eligible dependent is no longer diagnosed as having a special need, 
the record will be transferred to Commandant, CG-1112. After a 3-year 
retention, the record is destroyed.

System Manager and address:
    Chief, Office of Work-Life, Director of Health, Safety and Work-
Life, CG-11, United States Coast Guard, Washington, DC 20593-0001.

Notification procedure:
    Individuals seeking notification of and access to any open record 
contained in this system of records, or seeking to contest its content, 
may submit a request in writing to the Work-Life field office where the 
case record is maintained. Individuals seeking notification of and 
access to any closed record contained in this system of records, or 
seeking to contest its content, may submit a request in writing to the 
Chief, Office of Work-Life, Director of Health, Safety and Work-Life, 
CG-11, United States Coast Guard, Washington, DC 20593-0001.
    When seeking records about yourself or your minor dependent from 
this system of records or any other USCG system of records your request 
must conform with the Privacy Act regulations set forth in 6 CFR part 
5. You must first verify your identity, meaning that you must provide 
your full name, current address and date and place of birth. You must 
sign your request, and your signature must either be notarized or 
submitted by you under 28 U.S.C. 1746, a law that permits statements to 
be made under penalty of perjury as a substitute for notarization. 
While no specific form is required, you may obtain forms for this 
purpose from the Director, Disclosure and FOIA, http://www.dhs.gov or 
1-866-431-0486. In addition you should provide the following:
     An explanation of why you believe the Department would 
have information on you,
     Specify when you believe the records would have been 
created,
     If your request is seeking records pertaining to another 
living individual, you must include a statement from that individual 
certifying his/her agreement for you to access his/her records.
    Without this bulleted information the USCG 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:
    Information originates medical reports given to the USCG.

Exemptions claimed for the system:
    None.

    Dated: December 2, 2008.
Hugo Teufel III,
Chief Privacy Officer, Department of Homeland Security.
[FR Doc. E8-29397 Filed 12-10-08; 8:45 am]
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