[Federal Register Volume 76, Number 85 (Tuesday, May 3, 2011)]
[Notices]
[Pages 24905-24908]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2011-10756]


-----------------------------------------------------------------------

DEPARTMENT OF HOMELAND SECURITY

Office of the Secretary

[Docket No. DHS-2011-0020]


Privacy Act of 1974; Department of Homeland Security United 
States Coast Guard--DHS/USCG-007 Special Needs Program System of 
Records

AGENCY: Privacy Office, DHS.

ACTION: Notice of Privacy Act system of records.

-----------------------------------------------------------------------

SUMMARY: In accordance with the Privacy Act of 1974, the Department of 
Homeland Security proposes to update and rename an existing Department 
of Homeland Security system of records titled, ``Department of Homeland 
Security/United States Coast Guard-007 Exceptional Family Member 
Program System of Records.'' This system will allow the Department of 
Homeland Security United States Coast Guard meet it obligation to 
assist military personnel, civilian personnel and their eligible 
dependents with special needs. As a result of the required biennial 
review of this system, records have been updated to reflect the name 
change to Department of Homeland Security/United States Coast Guard 
Special Needs Program Record. This updated system will be included in 
the Department of Homeland Security's inventory of record systems.

DATES: Submit comments on or before June 2, 2011. This updated system 
will be effective June 2, 2011.

ADDRESSES: You may submit comments, identified by docket number DHS-
2011-0020 by one of the following methods:
     Federal e-Rulemaking Portal: http://www.regulations.gov. 
Follow the instructions for submitting comments.
     Fax: 703-483-2999.
     Mail: Mary Ellen Callahan, 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: 
Eileen Yenikaliotis (202-475-3515), Acting Privacy Officer, United 
States Coast

[[Page 24906]]

Guard 2100 2nd Street SW., Washington, DC 20593. For privacy issues 
please contact: Mary Ellen Callahan (703-235-0780), Chief Privacy 
Officer, Privacy Office, U.S. Department of Homeland Security, 
Washington, DC 20528.

SUPPLEMENTARY INFORMATION:

I. Background

    In accordance with the Privacy Act of 1974, the Department of 
Homeland Security (DHS) United States Coast Guard (USCG) proposes to 
update and rename an existing DHS system of records titled, ``DHS/USCG-
007 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 with special needs.
    As a result of the biennial review of this system, the term 
``Exceptional Family Member Program'' has been replaced by term 
``Special Needs'' in the preamble, Supplementary Information, System 
Name, and Purpose categories of the SORN.
    Consistent with DHS' information sharing mission, information 
stored in DHS/USCG-007 Special Needs Program Records may be shared with 
other DHS components, as well as appropriate federal, state, local, 
tribal, territorial foreign, or international government agencies. This 
sharing will only occur after DHS determines that the receiving 
component or agency has a need to know the information to carry out 
national security, law enforcement, immigration, intelligence, or other 
functions consistent with the routine uses set forth in this system of 
records notice. This updated system will be included in DHS' 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 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 practice principles in a 
statutory framework governing the means by which the U.S. 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 U.S. citizens and lawful 
permanent residents. As a matter of policy DHS extends administrative 
Privacy Act protections to all individuals where system of records 
maintain information on U.S. citizens, lawful permanent residents, and 
visitors. Below is the description of the DHS/USCG--007 Special Needs 
Program 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:
    DHS/USCG-007 Special Needs 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 email 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 special needs requests 
of USCG military and civilian personnel to coordinate the special needs 
program's medical care, mental health treatment, and to provide case 
management for USCG military and civilian personnel and eligible 
dependants with special needs.

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

[[Page 24907]]

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 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 (N1-026-07-9).

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.

[[Page 24908]]

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:
    Records are obtained from medical reports that are provided to the 
USCG.

Exemptions claimed for the system:
    None.

    Dated: April 23, 2011.
Mary Ellen Callahan,
Chief Privacy Officer, Department of Homeland Security.
[FR Doc. 2011-10756 Filed 5-2-11; 8:45 am]
BILLING CODE 4410-10-P