[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]
-----------------------------------------------------------------------
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.
-----------------------------------------------------------------------
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]
BILLING CODE 4410-10-P