[Federal Register Volume 73, Number 245 (Friday, December 19, 2008)]
[Notices]
[Pages 77743-77747]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E8-29793]
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DEPARTMENT OF HOMELAND SECURITY
Office of the Secretary
[Docket No. DHS-2008-0108]
Privacy Act of 1974; United States Coast Guard--014 Military Pay
and Personnel 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 record notices, the Department of Homeland Security
giving notice that it proposes to add a system of records to its
inventory of record systems titled United States Coast Guard Military
Pay and Personnel. This system is a compilation of nine legacy record
systems: DOT/CG 534 Travel and Transportation of Household Effects
(April 11, 2000); DOT/CG 537 FHA Mortgage Insurance for Servicemen in
lieu of VHA Mortgage Insurance for Servicemen; DOT/CG 573 United States
Public Health Services, Commissioned Officer Corps Staffing and
Recruitment Files (April 11, 2000); DOT/CG 622 Military Training and
Education Records (April 11, 2000); DOT/CG 623 Military Pay and
Personnel System (April 11, 2000); DOT/CG 625 Officer Selection and
Appointment System (April 11, 2000); DOT/CG 626 Official Officer
Service Records (April 11, 2000); DOT/CG 629 Enlisted Personnel Record
System (April 11, 2000); DOT/CG 630 Coast Guard Family Housing (April
11, 2000); and DOT/CG 640 Outside Employment of Active Duty Coast Guard
Personnel (April 11, 2000). This record system will allow the
Department of Homeland Security/United States Coast Guard to collect
and maintain records regarding military pay and personnel. Categories
of individuals, categories of records, and routine uses of these legacy
system of records notices have been consolidated and updated to better
reflect the United States Coast Guard's military service personnel
record systems. 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-
2008-0108 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)/United States Coast
Guard (USCG) have relied on preexisting Privacy Act systems of records
notices for the collection and maintenance of records that concern
active duty, reserve, and retired active duty and retired reserve, as
well as eligible dependent's military pay and personnel processing.
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 active duty, reserve,
retired active duty, and retired reserve, as well as eligible
dependent's military pay and personnel processing. This record system
will allow DHS/USCG to collect and maintain records regarding military
pay. The collection and maintenance of this information will assist
DHS/USCG in meeting its obligation pay active duty, reserve, retired
active duty, and retired reserve military personnel, as well as
eligible dependents for their service.
In accordance with the Privacy Act of 1974, and as part of the DHS
Privacy Office's ongoing effort to review and update legacy system of
record notices DHS is giving notice that it proposes to add a system of
records to its inventory
[[Page 77744]]
of record systems titled United States Coast Guard Military Pay and
Personnel. This system is a compilation of nine legacy record systems:
DOT/CG 534 Travel and Transportation of Household Effects (65 FR 19476
April 11, 2000); DOT/CG 537 FHA Mortgage Insurance for Servicemen in
lieu of VHA Mortgage Insurance for Servicemen (65 FR 19476 April 11,
2000); DOT/CG 573 United States Public Health Services, Commissioned
Officer Corps Staffing and Recruitment Files (65 FR 19476 April 11,
2000); DOT/CG 622 Military Training and Education Records (65 FR 19476
April 11, 2000); DOT/CG 623 Military Pay and Personnel System (65 FR
19475 April 11, 2000); DOT/CG 625 Officer Selection and Appointment
System (65 FR 19476 April 11, 2000); DOT/CG 626 Official Officer
Service Records (65 FR 19476 April 11, 2000); DOT/CG 629 Enlisted
Personnel Record System (65 FR 19476 April 11, 2000); DOT/CG 630 Coast
Guard Family Housing (65 FR 19476 April 11, 2000); and DOT/CG 640
Outside Employment of Active Duty Coast Guard Personnel (65 FR 19476
April 11, 2000). This record system will allow the DHS/USCG to collect
and maintain records regarding military pay and personnel. Categories
of individuals, categories of records, and routine uses of these legacy
system of records notices have been consolidated and updated to better
reflect the USCG's military service personnel record systems. 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' information.
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 use of their
records, and to assist individuals to more easily find such files
within the agency. Below is the description of the Military Pay and
Personnel 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-014.
System name:
United States Coast Guard Military Pay and Personnel System.
Security classification:
Unclassified.
System location:
Records are maintained at the United States Coast Guard
Headquarters in Washington, DC and field offices.
Categories of individuals covered by the system:
Categories of individuals covered by this system include active
duty, reserve, and retired active duty and retired reserve USCG
military personnel and their annuitants and dependents. Also included
are active duty and retired National Oceanic and Atmospheric
Administration (NOAA) Officers and their annuitants and dependents, as
well as Officers of the Commissioned Corps of the United States Public
Heath Service (PHS) and their annuitants and dependents.
Categories of records in the system:
Categories of records in this system include:
Individual's name;
Social security number;
Employee identification number;
Date and place of birth;
Gender;
Minority designation and nationality;
Marital status;
Limited medical related information to include dates of
physical examinations, color blindness, immunizations, weight and body
mass index (and compliance to standards);
Addresses;
Total current monetary earnings, including overtime,
computed to the nearest dollar;
Number of hours worked;
Leave accrual rate;
Leave requests and balances;
Health and life insurance requests;
Payroll deduction requests;
Information for the purpose of validating legal
requirements for garnishment of wages;
Salary rate;
Cash awards;
Retirement withholdings;
Background information to include work experience;
Education records, including: Highest level achieved;
specialized education or training obtained in and outside of military
service; non-traditional education support records; achievement and
aptitude test results; academic performance records; correspondence
course rate advancement records; military performance records;
admissions processing records; grade reporting records; academic status
records; transcript maintenance records;
Military duty assignments;
Ranks held;
Allowances;
Personnel actions such as promotions, demotions, or
separations;
Record of instances of Uniform Code of Military Justice
infractions;
Performance evaluations;
Individual's desires for future assignments, training
requested, and notations by assignment officers;
Information for determinations of waivers and remissions
of indebtedness to the United States Government;
Travel claims, transportation claims, government bills of
lading, and applications for shipment of household effects;
USCG Housing System Records, including: Housing surveys,
computer data summaries, correspondence from the individual seeking
housing; and
Names, dates of birth, addresses, social security numbers,
and gender of annuitants and dependents of active duty, reserve, and
retired active duty and reserve military members.
[[Page 77745]]
Authority for maintenance of the system:
5 U.S.C. 301; The Federal Records Act, 44 U.S.C. 3101; 5 U.S.C.
5501-5597; 10 U.S.C. 1043, 1147; 14 U.S.C. 92(I) 92(r), 93(g), 475,
512, 620, 632, 645, 681, 687; 37 U.S.C. 406; 42 U.S.C. 213, 253; 49 CFR
1.45, 1.46.
Purpose(s):
The purpose of this system is to administer the USCG active duty,
reserve, and retired active duty and retired reserve military pay and
personnel system. Additionally, the system is used to provide necessary
information to Department of Commerce for NOAA Officers and to Health
and Human Services Officers for the Commissioned Corps of the United
States Public Heath Service (PHS) to administer their respective pay
and personnel system.
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 (including United States Attorney
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 the Department of Treasury for the purpose of disbursement of
salary, United States Savings Bonds, allotments, or travel claim
payments.
I. To Department of Commerce and Health and Human Services to
administer their respective pay and personnel systems for NOAA Officers
and the Commissioned Corps of the PHS, respectively.
J. To Federal, State, and local government agencies to disclose
earnings and tax information, including the Internal Revenue Service
and the Social Security Administration.
K. To the Department of Defense and Veterans Administration for
determinations of benefit eligibility for military members and their
dependents.
L. To the Department of Defense for manpower and readiness
planning.
M. To the Comptroller General for the purpose of processing waivers
and remissions.
N. To an individual's spouse, or person responsible for the care of
the individual concerned when the individual to whom the record
pertains is mentally incompetent, critically ill, or under other legal
disability for the purpose of assuring the individuals is receiving
benefits or compensation they are entitled to receive.
O. To a requesting government agency, organization, or individual
the home address and other relevant information on those individuals
who, it is reasonably believed, might have contracted an illness, been
exposed to, or suffered from a health hazard while a member of
government service.
P. To other government agencies for the purpose of earnings
garnishment.
Q. To the Department of Defense for the purpose of preparing the
Officer Register and Reserve Office Register, which is provided to all
Coast Guard officers.
R. To education institutions or training facilities for purposes of
enrollment and verification of employee attendance and performance.
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, CD-ROM, and DVD.
[[Page 77746]]
Retrievability:
Records may be retrieved by name, social security number, or
employee identification 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. A defense in depth strategy has
been employed. Overlapping and complimentary management, operational
and technical security controls have been implemented and followed to
minimize the risk of compromising the confidentiality or adversely
impacting the integrity of the information that is being stored,
processed, and/or transmitted. 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:
Travel and Transportation of Household Effects records are
temporary and are destroyed six years after the period of the account.
(AUTH GRS 9, Item 1).
U.S. Public Health Services (USPHS) Commissioned Officer Corps
Staffing and Recruiting records are temporary and are transferred to
Commission Personnel Operation Division upon completion of Coast Guard
assignment. (AUTH NC1-26-76-2), item 359, and (NC1-26-80-4), item 151.
Military Training and Education, records are temporary, including
training courses and related material, school and training files
containing correspondence, reports and related paper on Coast Guard and
Navy schools and trainee index cards. These records are destroyed when
five years old. (AUTH NC1-26-76-2), items 559 and 561 and (NC1-26-80-
4), item 338b.
Class folders containing personal and service history, muster card
files, and recruit training record cards are destroyed when one year
old (AUTH NC1-26-80-4), items 338b, 338c, 338d and 338e.
Military Pay and Personnel System records are temporary, and
transferred to FRC 6 months after period of account, and destroyed 56
years after period covered by account (AUTH NC1-26-76-2), items 227a
and 99d.
Officer Selection and Appointment System, records are temporary.
Officer Candidates and Direct Commission Program application for
selected applicants and filed in Official Personnel Folder (AUTH NC1-
26-76-2), items 583a and 584a.
Non-selected Officer Candidate applicants are destroyed six months
after deadline dates for class which application is made (NC1-26-76-2),
item 583b.
For Non-selected Direct Commission Program applicants records are
destroyed one year from date of board by which considered (NC1-26-79-
2), item 584b.
For OCS and Direct Commission applicant files containing copies of
applications for appointment in the Coast Guard Reserve, interviews,
reports, and medical examination are destroyed when one year old (AUTH
NC1-26-80-4 item 337b).
Official Officer Service Records are permanent and transferred
records to the National Personnel Records Center (NPRC), St. Louis, MO,
six months after separation or retirement. Transfer to NARA 62 years
after date (AUTH: N1-330-04-1, Item 1).
Enlisted Personnel Records System records are permanent and
transferred records to the National Personnel Records Center (NPRC),
St. Louis, MO, six months after separation or retirement. Transfer to
NARA 62 years after date (AUTH: N1-330-04-1, Item 1).
Records concerning housing are kept until the applicant is placed
in housing. Coast Guard Family Housing records are temporary and
destroyed when two years old (AUTH: GRS 15, items 1, 3, and 5a).
Outside Employment of Active Duty Coast Guard Personnel records are
temporary and destroyed when three years old or when superseded ore
obsolete, whichever is later (AUTH GRS 25), items, 1 and 9.
Leave and earnings statements and pay records are microfilmed and
retained onsite for four years, then archived at the Federal Record
Center, and destroyed when 50 years old.
Duplicate magnetic copies of the pay and personnel record are
retained at an off site facility for a useful life of seven years.
Education records are kept for five years. Paper records for
waivers and remissions are retained on site six years three months
after the determination and then destroyed.
Paper records to determine legal sufficiency for garnishment are
retained on site six years three months after the member separates from
the service or the garnishment is terminated, and then destroyed.
Travel and transportation of household effects records are kept for
three years, and then transferred to a Federal Records Center.
Records concerning congressional correspondence are maintained
indefinitely because they were determined to be of historical value.
System Manager and address:
For active duty military personnel of the USCG: Chief, Office of
Personnel, USCG Headquarters, 2100 2nd Street, SW., Washington, DC
20593-0001. For USCG reserve military personnel and retired USCG
reserve military personnel waiting pay at age 60: Chief, Office of
Reserve Affairs, USCG Headquarters, 2100 2nd Street, SW., Washington,
DC 20593-0001. For USCG waivers and remissions: Chief, Personnel
Services Division, Office of Military Personnel, USCG Headquarters,
2100 2nd Street, SW., Washington, DC 20593-0001. For records used to
determine legal sufficiency for garnishment of wages and pay records:
Commanding Officer, USCG, Personnel Services Center, 444 SE Quincy
Street, Topeka, KS 66683-3591. For data added to the decentralized data
segment the commanding officer, officer-in-charge of the unit handling
the military personnel's pay and personnel record, or Chief,
Administrative Services Division for individuals whose records are
handled by USCG Headquarters 2100 2nd Street, SW., Washington, DC
20593-0001.
For NOAA members: National Oceanic and Atmospheric Administration,
Commissioned Personnel Division, 11400 Rockville Pike, Rockville, MD
20852.
For Officers of the Commissioned Corps, United States Public Health
Service Office of Commissioned Corps Operations, 1100 Wootton Parkway,
Suite 100, Rockville MD 20852.
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: For active duty military personnel
of the USCG: Chief, Office of Personnel, USCG Headquarters, 2100 2nd
Street, SW., Washington, DC 20593-0001. For USCG reserve military
personnel and retired USCG reserve military personnel waiting pay at
age 60: Chief, Office of Reserve Affairs, USCG Headquarters, 2100 2nd
Street, SW., Washington, DC 20593-0001. For USCG waivers and
remissions: Chief, Personnel Services Division, Office of Military
Personnel, USCG Headquarters, 2100 2nd Street, SW., Washington, DC
20593-0001. For records used to determine legal
[[Page 77747]]
sufficiency for garnishment of wages and pay records: Commanding
Officer, USCG, Personnel Services Center, 444 SE Quincy Street, Topeka,
KS 66683-3591. For data added to the decentralized data segment the
commanding officer, officer-in-charge of the unit handling the
individual's pay and personnel record, or Chief, Administrative
Services Division for individuals whose records are handled by USCG
Headquarters 2100 2nd Street, SW., Washington, DC 20593-0001.
For NOAA members: National Oceanic and Atmospheric Administration,
Commissioned Personnel Division, 11400 Rockville Pike, Rockville, MD
20852.
For Officers of the Commissioned Corps, United States Public Health
Service Office of Commissioned Corps Operations, 1100 Wootton Parkway,
Suite 100, Rockville, MD 20852.
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,
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:
Individuals, USCG personnel officials, National Oceanic and
Atmospheric Administration personnel officials, the Department of
Defense, Commissioned Corp of Public Health Service personnel
officials, previous employers, educational institutions, court records,
and test results.
Exemptions claimed for the system:
None.
Dated: December 10, 2008.
Hugo Teufel III,
Chief Privacy Officer, Department of Homeland Security.
[FR Doc. E8-29793 Filed 12-18-08; 8:45 am]
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