[Federal Register Volume 73, Number 245 (Friday, December 19, 2008)]
[Notices]
[Pages 77804-77807]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E8-29845]


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DEPARTMENT OF HOMELAND SECURITY

Office of the Secretary

[Docket No. DHS-2008-0146]


Privacy Act of 1974; United States Coast Guard--027 Recruiting 
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 the following legacy record 
systems DOT/CG 627 Enlisted Recruiting Selection Record System and DOT/
CG 628 Officer, Enlisted, and Recruiter Selection System File. These 
legacy records systems will be consolidated into a new Department of 
Homeland Security system of records notice titled Department of 
Homeland Security/United States Coast Guard--027 Recruiting Files. 
Categories of individuals, categories of records, and the routine uses 
of these legacy system of records notices have been updated to better 
reflect the Department of Homeland Security and the United States Coast 
Guard's recruiting record system. Additionally, the exemptions for this 
legacy system of records notice transfer from the SORN's legacy agency

[[Page 77805]]

to the Department of Homeland Security. 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-
2008-0146 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 recruiting files.
    As part of its efforts to streamline and consolidate its record 
systems, DHS is issuing a USCG consolidated system of records under the 
Privacy Act (5 U.S.C. 552a) that deals with USCG recruiting files. This 
record system will allow DHS/USCG to collect and preserve the records 
regarding the recruiting program. The collection and maintenance of 
this information will assist DHS/USCG in meeting its obligation to 
administer the USCG's recruiting program.
    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, 
the Department of Homeland Security is giving notice that it proposes 
to update the following legacy record systems DOT/CG 627 Enlisted 
Recruiting Selection Record System (65 FR 19475 April 11, 2000) and 
DOT/CG 628 Officer, Enlisted, and Recruiter Selection System File (65 
FR 19475 April 11, 2000). These legacy records systems will be 
consolidated into a new DHS/USCG system of records notice titled DHS/
USCG--027 Recruiting Files. Categories of individuals, categories of 
records, and the routine uses of these legacy system of records notices 
have been updated to better reflect the DHS and the USCG's recruiting 
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 recordkeeping 
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 
Recruiting Files 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-027.

System name:
    United States Coast Guard Recruiting Files.

Security classification:
    Unclassified.

System location:
    Records are maintained at the United States Coast Guard Recruiting 
Command, Arlington, Virginia, United States Coast Guard Operations 
Systems Center, Kearneysville, West Virginia, USCG Headquarters in 
Washington, DC, and field offices.

Categories of individuals covered by the system:
    Categories of individuals covered by this system include records 
and correspondence pertaining to prospective applicants, applicants for 
regular and reserve enlisted and officer programs, and any other 
individuals who have initiated correspondence pertaining to enlistment 
in the United States Coast Guard. This system also covers civilian and 
military personnel who have taken the following tests: Armed Services 
Vocational Aptitude Battery; United States Navy Officer Qualification 
Test; QQT; United States Navy and United States Marine Corps Aviation 
Selection Test, AST; United States Navy Basic Test Battery (BTB), BTB 
(retests); the Cooperative Tests for Advanced Electronic Training (AET 
TESTS); the 16 Personality Fact Test used for screening of enlisted 
personnel for recruiting duty; and Professional Examination for 
Merchant Mariners.

Categories of records in the system:
    Categories of records in this system include:
     Individual's name;
     Date of birth;
     Social security number;
     Program of interest;
     Citizenship;
     Marital state;
     Race;
     Ethnicity;
     Gender;
     Personal history;
     E-mail and phone contact information;
     Education;
     Test scores, college majors, grades and transcripts;
     Professional qualifications;

[[Page 77806]]

     Adverse or disqualifying information, such as criminal 
record, medical data, and credit history;
     Mental aptitude;
     Medical documentation;
     Medical waivers;
     Physical qualifications;
     Character and interview appraisals;
     National Agency Checks and certifications;
     Service performance;
     Advertising responses;
     Applicant initiated inquiries;
     Congressional or special interests;
     Marketing data collected through the USCG recruiting Web 
site and telephone queries made by prospects; and
     Credit report results (per Homeland Security Presidential 
Directive-12)

Authority for maintenance of the system:
    5 U.S.C. 301; 10 U.S.C. 504, 1475-1480; 14 U.S.C. 350-373, 632; 46 
U.S.C. 7306, 7313, 7316.

Purpose(s):
    The purpose of this system is to document recruiting efforts and 
maintain recruiting files for the United States Coast Guard and United 
States Coast Guard Reserves. This system also provides test results if 
an applicant (military or civilian) applies for an officer program, or 
is already in the military and is recruited to a training program.

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 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 officials and employees of the Veterans Administrative and 
Selective Service System in the performance of their official duties 
related to enlistment and reenlistment eligibility and related 
benefits.
    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 records 
are stored on magnetic disc, tape, digital media, and CD-ROM.

Retrievability:
    Records may be retrieved alphabetically by name and social security 
number.

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:
    Recruiting records, including credit reports, are maintained for 
two years after the completion of the fiscal year. Test answer sheets 
are not maintained under the control of USCG; USCG maintains only the 
scores which are destroyed two years after the completion of the fiscal 
year. Accession

[[Page 77807]]

packages, which are the completed assessment for all potential Coast 
Guard personnel, are destroyed four years after the packages have been 
submitted to USCG Command for consideration. (AUTH: NC1-26-76-2, Item 
587).

System Manager and address:
    Commander, United States Coast Guard Personnel Command, 2100 2nd 
Street, SW., Washington, DC 20539-0001.

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 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, 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, and
     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:
    USCG recruiting personnel and administrative staff. Medical 
personnel or private physicians providing consultations or patient 
history. Character and employee references. Educational institutions, 
staff and faculty members. Selective Service System. Local, State, and 
Federal law enforcement agencies. Prior or current military service 
records. Members of Congress. Other officials and employees of the 
Coast Guard, Department of Defense and components thereof, in the 
performance of their duties and as specified by current instructions 
and regulations promulgated by competent authority. Recruiting 
officials and individuals being recruited or who have been recruited by 
the United States Coast Guard, United States Marine Corps, United 
States Navy, and the United States Navy Bureau of Medicine.

Exemptions claimed for the system:
    None.

    Dated: December 10, 2008.
Hugo Teufel III,
Chief Privacy Officer, Department of Homeland Security.
[FR Doc. E8-29845 Filed 12-18-08; 8:45 am]
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