[Federal Register Volume 79, Number 211 (Friday, October 31, 2014)]
[Notices]
[Pages 64809-64812]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2014-25909]
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DEPARTMENT OF HOMELAND SECURITY
Office of the Secretary
[Docket No. DHS-2014-0053]
Privacy Act of 1974; Department of Homeland Security/United
States Coast Guard--010 Physical Disability Evaluation System Files
System of Records
AGENCY: Privacy Office, Department of Homeland Security.
ACTION: Notice of Privacy Act System of Records.
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SUMMARY: In accordance with the Privacy Act of 1974, the Department of
Homeland Security proposes to update and reissue a current Department
of Homeland Security system of records titled, ``Department of Homeland
Security/United States Coast Guard Physical Disability Evaluation
System Files System of Records.'' This system of records allows the
Department of Homeland Security/United States Coast Guard to collect
and preserve the records regarding physical disability evaluation
proceedings. As a result of the biennial review of this system, the
system manager and address category has been updated. This updated
system will be included in the Department of Homeland Security's
inventory of record systems.
DATES: Submit comments on or before December 1, 2014. This updated
system will be effective December 1, 2014.
ADDRESSES: You may submit comments, identified by docket number DHS-
2014-0053 by one of the following methods:
Federal e-Rulemaking Portal: http://www.regulations.gov.
Follow the instructions for submitting comments.
Fax: 202-343-4010.
Mail: Karen L. Neuman, 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, please visit http://www.regulations.gov.
FOR FURTHER INFORMATION CONTACT: For general questions, please contact:
Marilyn Scott-Perez (202-475-3515), Privacy Officer, Commandant (CG-
61), United States Coast Guard, Mail Stop
[[Page 64810]]
7710, Washington, DC 20593. For privacy questions, please contact:
Karen L. Neuman, (202) 343-1717, Chief Privacy Officer, Privacy Office,
Department of Homeland Security, Washington, DC 20528.
SUPPLEMENTARY INFORMATION:
I. Background
In accordance with the Privacy Act of 1974, 5 U.S.C. 552a, the
Department of Homeland Security (DHS) United States Coast Guard
proposes to update and reissue a current DHS system of records titled,
DHS/United States Coast Guard-010 Physical Disability Evaluation System
Files System of Records.'' The DHS/USCG-010 Physical Disability
Evaluation System Files System of Records will allow the Department of
Homeland Security/United States Coast Guard to collect and preserve the
records regarding physical disability evaluation proceedings. As a
result of a biennial review of the system, the system manager and
address category has been updated to reflect the new mail stop.
Consistent with DHS's information-sharing mission, information
stored in the DHS/USCG-010 Physical Disability Evaluation System Files
System of Records may be shared with other DHS components that have a
need to know the information to carry out their national security, law
enforcement, immigration, intelligence, or other homeland security
functions. In addition, information may be shared with appropriate
federal, state, local, tribal, territorial, foreign, or international
government agencies consistent with the routine uses set forth in this
system of records notice. This updated system will be included in DHS's
inventory of record systems.
II. Privacy Act
The Privacy Act embodies fair information practice principles in a
statutory framework governing the means by which Federal Government
agencies collect, maintain, use, and disseminate 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 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 when systems of records
maintain information on U.S. citizens, lawful permanent residents, and
visitors.
Below is the description of the DHS/USCG-010 Physical Disability
Evaluation System Files System of Records.
In accordance with 5 U.S.C. 552a(r), DHS has provided a report of
this system of records to the Office of Management and Budget and to
Congress.
System of Records
Department of Homeland Security (DHS)/USCG-010
System name:
DHS/USCG-010 Physical Disability Evaluation System Files System of
Records
Security classification:
Unclassified
System location:
Records are maintained at the United States Coast Guard
Headquarters in Washington, DC, and in field offices. Case Matter
Management Tracking System (CMMT) is the information technology (IT)
system in which records associated with this function are maintained.
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:
Departmental Regulations 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 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, irrespective of
whether or when he/she ceases to be a client/patient, 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. These alcohol and drug abuse patient records may be
disclosed:
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 when
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
protected health information.
In addition to those disclosures generally permitted under 5 U.S.C.
[[Page 64811]]
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 (DOJ), including Offices of the
U.S. Attorney, or other federal agency conducting litigation or in
proceedings before any court, adjudicative, or administrative body,
when it is relevant or 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 or former employee of DHS in his/her official
capacity;
3. Any employee or former employee of DHS in his/her individual
capacity when DOJ or DHS has agreed to represent the employee; or
4. The United States or any agency thereof.
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 (NARA) or
General Services Administration pursuant to records management
inspections being conducted under the authority of 44 U.S.C. 2904 and
2906.
D. To an agency or organization 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. DHS has determined that as a result of the suspected or
confirmed compromise, there is a risk of identity theft or fraud, harm
to economic or property interests, harm to an individual, or harm to
the security or integrity of this system or other systems or programs
(whether maintained by DHS or another agency or entity) 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, when 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 the Department of Veterans Affairs for assistance in
determining the eligibility of individuals for benefits administered by
that agency, and available to the 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:
USCG stores records in this system electronically or on paper in
secure facilities in a locked drawer behind a locked door. The records
may be stored on magnetic disc, tape, digital media.
Retrievability:
USCG retrieves records by name, social security number, employee
identification number, command, date, and the diagnosis or
International Classification of Diseases (ICD) code.
Safeguards:
USCG safeguards records in this system in accordance with
applicable rules and policies, including all applicable DHS automated
systems security and access policies. DHS imposes strict controls 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:
USCG transfers records to the National Personnel Records Center,
Military Personnel Records NPRC (MPRC) three years after last activity.
USCG destroys records 50 years from the date of the latest document in
the record. (AUTH: NC1-26-82-5, Item 2a2).
System Manager and address:
Commander (CG-PSC), United States Coast Guard, 4200 Wilson
Boulevard, Mail Stop 7200, Arlington, VA 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 the Commandant (CG-611), United
States Coast Guard, Mail Stop 7710, Washington, DC 20593. If an
individual believes more than one component maintains Privacy Act
records concerning him or her, the individual may submit the request to
the Chief Privacy Officer and Chief Freedom of Information Act (FOIA)
Officer, Department of Homeland Security, 245 Murray Drive SW.,
Building 410, STOP-0655, Washington, DC 20528.
When seeking records about yourself from this system of records or
any other Departmental 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 Chief Privacy
Officer and Chief Freedom of Information Act Officer,
[[Page 64812]]
http://www.dhs.gov/foia or 1-866-431-0486. In addition, you should:
Explain why you believe the Department would have
information on you;
Identify which component(s) of the Department you believe
may have the information about you;
Specify when you believe the records would have been
created; and
Provide any other information that will help the FOIA
staff determine which DHS component agency may have responsive records;
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 the above information, the component(s) 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 information in records developed through
proceedings of administrative bodies listed in ``Categories of
records'' above.
Exemptions claimed for the system:
None.
Dated: October 17, 2014.
Karen L. Neuman,
Chief Privacy Officer, Department of Homeland Security.
[FR Doc. 2014-25909 Filed 10-30-14; 8:45 am]
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