[Federal Register Volume 73, Number 245 (Friday, December 19, 2008)]
[Notices]
[Pages 77790-77793]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E8-29811]


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DEPARTMENT OF HOMELAND SECURITY

Office of the Secretary

[Docket No. DHS-2008-0143]


Privacy Act of 1974; United States Coast Guard-019 Non-Federal 
Invoice Processing 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 576 Non-Federal Invoice Processing System 
(April 11, 2000) as a Department of Homeland Security system of records 
notice titled, United States Coast Guard-019 Non-Federal Invoice 
Processing System. Non-Federal Invoice Processing System is a program 
that facilitates processing of active duty member and dependent dental 
claims. 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 and 
the United States Coast Guard's-019 Non-Federal Invoice Processing 
System record system. This new system will be included in the 
Department of

[[Page 77791]]

Homeland Security's inventory of record systems.

DATES: Written comments must be submitted on or before January 20, 
2009.

ADDRESSES: You may submit comments, identified by docket number DHS-
2008-0143 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), 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) and its components and 
offices have relied on preexisting Privacy Act systems of records 
notices for the maintenance of records that concern invoices processed 
by the United States Coast Guard (USCG) Non-Federal Invoice Processing 
System (NIPS).
    As part of its efforts to streamline and consolidate its record 
systems, DHS is updating and reissuing a USCG system of records under 
the Privacy Act (5 U.S.C. 552a) that deals with invoices processed by 
NIPS. This record system will allow DHS/USCG to collect and preserve 
the records regarding invoices processed by NIPS. NIPS is an electronic 
database that provides for simple tracking and accounting of dental 
claims. The collection and maintenance of this information will assist 
DHS/USCG in meeting its obligation to record invoices processed by 
NIPS.
    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 576 Non-Federal Invoice Processing System 
(NIPS) (65 FR 19476, April 11, 2000) as a Department of Homeland 
Security/United States Coast Guard system of records notice titled, 
Non-Federal Invoice Processing System. Categories of individuals and 
categories of records have been reviewed, and the routine uses of this 
legacy system of records notice have been updated to better reflect the 
Department of Homeland Security and the United States Coast Guard's--
019 Non-Federal Invoice Processing System record system. This new 
system will be included in the Department of Homeland Security'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 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 NIPS 
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-019

System name:
    United States Coast Guard--019 Non-Federal Invoice Processing 
System.

Security classification:
    Unclassified.

System location:
    Records are maintained at the United States Coast Guard Maintenance 
and Logistics Command Atlantic in Norfolk, VA.

Categories of individuals covered by the system:
    Categories of individuals covered by this system include active 
duty, reserve, and retired members of the uniformed services and their 
eligible dependents, as well as non-Federal health care providers that 
have rendered services to eligible beneficiaries.

Categories of records in the system:
    Categories of records in this system include:
     Individual's name;
     Social security number;
     Social security number of dependent's sponsor;
     Tax identification number of dental provider
     Correspondence, memoranda, and related documents 
concerning potential and actual health care invoices for processing by 
NIPS;
     Dental treatment and related medical records provided to 
the individual that are the subject of an invoice for non-Federal 
health care provided to an eligible beneficiary; and
     Automated data processing (ADP) records containing 
identifying data on individuals including: Units of

[[Page 77792]]

assignment and address, home address, and information necessary to 
process and monitor bills for payment.

Authority for maintenance of the system:
    5 U.S.C. 301; 10 U.S.C. 1091; 14 U.S.C. 93.

Purpose(s):
    The purpose of the USCG Non-Federal Invoice Processing System is to 
maintain an electronic record of dental invoices for Coast Guard active 
duty member, reserve, retired, and dependent, so that USCG can pay such 
invoices.

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 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 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 
individual 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 healthcare professionals: medical information, including 
records of healthcare and medical invoices to support a government 
claim.

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 records 
are stored on magnetic disc, tape, digital media, and CD-ROM.

Retrievability:
    Records may be retrieved by name, Social Security number of member 
or dependents sponsor, or name or tax identification number of non-
Federal healthcare provider.

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. The system maintains a real-time 
auditing function of individuals who access the system. Additional 
safeguards may vary by component and program.

Retention and disposal:
    Records are retained for one year from date of service; transferred 
to a Federal Record Center and retained for an additional 5 years 3 
months, and destroyed thereafter. (AUTH: GRS 6, Item 1a)

System Manager and address:
    United States Coast Guard Maintenance and Logistics Command 
Atlantic Health and Safety Division (MLC LANT (k)), 300 East Main 
Street, Suite 1000, Norfolk, VA 23510-9103.

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 USCG, Commandant (CG-611), 2100 2nd 
St., SW., Attn: FOIA Coordinator, Washington, DC 20593-0001.
    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,

[[Page 77793]]

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 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:
    From the individual, individual's spouse, parent or guardian. 
Medical facilities (United States Coast Guard, Department of Defense, 
uniformed Services Treatment Facility, or non-Federal, provider) where 
beneficiaries are treated. From Active Duty and Enlisted Personnel; 
DHS/USCG-005 Military Services Personnel. From Reserve personnel--the 
Official Coast Guard Reserve Service Record System, DHS/USCG-028. 
Investigations resulting from illness or injury.

Exemptions claimed for the system:
    None.

    Dated: December 10, 2008.
Hugo Teufel III,
Chief Privacy Officer, Department of Homeland Security.
 [FR Doc. E8-29811 Filed 12-18-08; 8:45 am]
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