[Federal Register Volume 73, Number 245 (Friday, December 19, 2008)]
[Notices]
[Pages 77768-77770]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E8-29803]


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DEPARTMENT OF HOMELAND SECURITY

Office of the Secretary

[Docket No. DHS-2008-0139]


Privacy Act of 1974; United States Coast Guard--010 Physical 
Disability Evaluation System Files 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's ongoing effort to review and update 
legacy system of records notices, the Department of Homeland Security 
is giving notice that it proposes to update and reissue the following 
legacy record system, DOT/CG 571 Physical Disability Separation System 
as a Department of Homeland Security system of records notice titled, 
Department of Homeland Security United States Coast Guard--010 Physical 
Disability Evaluation System. 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 physical disability 
evaluation 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 20, 
2009. This new system will be effective January 20, 2009.

ADDRESSES: You may submit comments, identified by docket number DHS-
2008-0139 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 and may be read at 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), United States Coast Guard Privacy 
Officer, United States Coast Guard. For privacy issues please contact: 
Hugo Teufel III (703-235-0780), Chief Privacy Officer, Privacy Office, 
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) has relied on preexisting Privacy Act systems of records 
notices for the collection and maintenance of records that concern 
physical disability evaluation proceedings.
    As part of its efforts to streamline and consolidate its record 
systems, DHS is updating and reissuing a DHS/USCG system of records 
under the Privacy Act (5 U.S.C. 552a) that deals with USCG's physical 
disability evaluation proceedings. This record system will allow DHS/
USCG to collect and preserve the records regarding physical disability 
evaluation proceedings. The collection and maintenance of this 
information is used to ensure equitable application of the provisions 
of Title 10, United States Code, Chapter 61, which relates to the 
separation or retirement of military personnel by reason of physical 
disability. These laws were enacted primarily for the purpose of 
maintaining a vital and fit military organization with full 
consciousness of the necessity for maximum use of the available work 
force. These laws provide benefits for eligible members whose military 
service is terminated through no fault of their own due to a service-
connected disability, and they prevent the arbitrary separation from 
the service of those members who incur a disabling injury or disease, 
yet remain fit for duty. The collection and maintenance of this 
information will assist DHS/USCG in meeting its obligation to manage 
the physical disability evaluation process proceedings.
    In accordance with the Privacy Act of 1974 and as part of DHS's 
ongoing effort to review and update legacy system of records notices, 
DHS is giving notice that it proposes to update and reissue the 
following legacy record system, DOT/CG 571 Physical Disability 
Separation System (65 FR 19476 April 11, 2000), as a DHS/USCG system of 
records notice titled, DHS/USCG-010 Physical Disability Evaluation 
System. 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 physical disability 
evaluation record system. This new system will be included in DHS's 
inventory of record systems.

II. 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 for which information is retrieved by the name of 
an individual or by some

[[Page 77769]]

identifying number, symbol, or other identifying particular assigned to 
the individual. In the Privacy Act, an individual is defined to 
encompass United States 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. Individuals may 
request access to 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 part 5.
    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 to 
which their records are put, and to assist individuals to more easily 
find such files within the agency. Below is the description of the DHS/
USCG-010 Physical Disability Evaluation Files System of Records.

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.
    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-010.

System name:
    United States Coast Guard--010 Physical Disability Evaluation 
System.

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:
    All USCG active duty and reserve personnel who are referred for 
potential separation or retirement for physical disability.

Categories of records in the system:
    Categories of records in this system include:
     Name;
     Social Security Number (SSN) and/or Employee ID (EmpID)
     Informal Physical Evaluation Board files;
     Formal Physical Evaluation Board files;
     International Classification of Diseases code (ICD);
     Physical Review Council files;
     Physical Disability Appeal Board files; and
     Physical Disability Board of Review files.

Authority for maintenance of the system:
    5 U.S.C. 301; 14 U.S.C. 632; the Federal Records Act, 44 U.S.C. 
3101; 10 U.S.C. Chapter 61.

Purpose(s):
    The purpose of this system is to document physical disability 
evaluation proceedings and ensure equitable application of the 
provisions of Title 10, United States Code, Chapter 61, which relates 
to the separation or retirement of military personnel by reason of 
physical disability.

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. This statute takes precedence over the Privacy Act of 1974 
to the extent that disclosure is more limited. The Routine Uses set 
forth below do not apply to this information. However, access to the 
record by the individual to whom the record pertains is governed by 
the Privacy Act.

    A. To medical personnel to the extent necessary to meet a bona fide 
medical emergency;
    B. To qualified personnel for the purpose of conducting scientific 
research, management audits, financial audits, or program evaluation 
provided that employees are individually identified;
    C. To the employee's medical review official;
    D. To the administrator of any Employee Assistance Program in which 
the employee is receiving counseling or treatment or is otherwise 
participating;
    E. To any supervisory or management official within the employee's 
agency having authority to take adverse personnel action against such 
employee; or
    F. Pursuant to the order of a court of competent jurisdiction where 
required by the United States Government to defend against any 
challenge against any adverse personnel action. See 42 U.S.C. 290dd, 
290ee, and Public Law 100-71, Section 503(e).

    Note: For all other records besides those noted 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 or other Federal agency conducting 
litigation or in proceedings before any court, adjudicative or 
administrative body, when:
    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

[[Page 77770]]

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 security or 
integrity of this system or other systems or programs (whether 
maintained by DHS or another agency or entity) or harm to the 
individuals 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, 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 Department of Veterans Affairs for assistance in determining 
the eligibility of individuals for benefits administered by that agency 
and available to U.S. Public Health Service or the Department of 
Defense medical personnel in connection with the performance of their 
official duties.
    I. 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:
    Records in this system are stored electronically or on paper in 
secure facilities in a locked drawer behind a locked door. The 
electronic versions of records are stored on magnetic disc, tape, 
digital media, and CD-ROM.

Retrievability:
    Records may be retrieved by name, social security number, employee 
identification number, command, date, and the diagnosis or 
International Classification of Diseases (ICD) 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 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 transferred to National Personnel Records Center, 
Military Personnel Records NPRC (MPRC) three years after last activity. 
Records are destroyed 50 years from the date of the latest document in 
the record. (AUTH: NC1-26-82-5, Item 2a2).

System Manager and address:
    Commander, U.S. Coast Guard, Personnel Command CGPC--MS 7200, 4200 
Wilson Boulevard, Suite 1100, Arlington, Virginia 20598-7200.

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 Commander, U.S. Coast Guard, 
Personnel Command CGPC--MS 7200, 4200 Wilson Boulevard, Suite 1100, 
Arlington, Virginia 20598-7200.
    When seeking records about yourself 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 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/FOIA 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 will 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 in records developed through proceedings of 
administrative bodies listed in ``Categories of records'' above.

Exemptions claimed for the system:
    None.

    Dated: December 10, 2008.
Hugo Teufel III,
Chief Privacy Officer, Department of Homeland Security.
[FR Doc. E8-29803 Filed 12-18-08; 8:45 am]
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