[Federal Register Volume 79, Number 241 (Tuesday, December 16, 2014)]
[Notices]
[Pages 74739-74742]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2014-29381]


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

DEPARTMENT OF HOMELAND SECURITY

Office of the Secretary

[Docket No. DHS-2014-0070]


Privacy Act of 1974; Department of Homeland Security/United 
States Coast Guard--016 Adjudication and Settlement of Claims System of 
Records

AGENCY: Privacy Office, Department of Homeland Security.

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 reissue a current Department 
of Homeland Security system of records titled, ``Department of Homeland 
Security/United States Coast Guard Adjudication and Settlement of 
Claims System of Records.'' This system of records allows the 
Department of Homeland Security/United States Coast Guard to collect 
and preserve the records associated with military personnel salary 
claims. As a result of the biennial review of this system, the system 
manager and address and record source categories have been updated. 
Additionally, this notice includes non-substantive changes to simplify 
the

[[Page 74740]]

formatting and text of the previously published notice. This updated 
system will be included in the Department of Homeland Security's 
inventory of record systems.

DATES: Submit comments on or before January 15, 2015. This updated 
system will be effective January 15, 2015.

ADDRESSES: You may submit comments, identified by docket number DHS-
2014-0070 by one of the following methods:
    <bullet> Federal e-Rulemaking Portal: http://www.regulations.gov. 
Follow the instructions for submitting comments.
    <bullet> Fax: 202-343-4010.
    <bullet> 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 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 (USCG) 
proposes to update and reissue a current DHS system of records titled, 
``DHS/United States Coast Guard--016 Adjudication and Settlement of 
Claims System of Records. The collection and maintenance of this 
information will assist DHS/USCG in meeting its statutory obligation to 
adjudicate and settle salary claims received by USCG military 
personnel. The DHS/USCG-016 Adjudication and Settlement of Claims 
System of Records is the USCG's record system used for the collection 
and maintenance of records that concern the adjudication and settlement 
of claims concerning the amounts of pay received by USCG military 
personnel. As a result of a biennial review of the system, the system 
manager and address and record source categories have been updated to 
include the new command name, office symbol, and mail stop.
    Consistent with DHS's information-sharing mission, information 
stored in the DHS/USCG-016 Adjudication and Settlement of Claims 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-016 Adjudication and 
Settlement of Claims 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-016

System name:
    DHS/USCG-016 Adjudication and Settlement of Claims System of 
Records.

Security classification:
    Unclassified.

System location:
    USCG maintains records 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, retired active duty, and retired reserve military 
personnel who submit claims against USCG related to monetary disputes.

Categories of records in the system:
    <bullet> Individual's name;
    <bullet> Social Security number or Employee ID Number (EMPLID);
    <bullet> Leave and earnings statements; and
    <bullet> Other related information regarding claims arising out of 
disputes concerning amounts of pay received.

Authority for maintenance of the system:
    Departmental Regulations, 5 U.S.C. 301, 5512-5514; 10 U.S.C. 939, 
1442, 1453, 2774-2775; 14 U.S.C. 461; 31 U.S.C. 3716; 37 U.S.C. 1007; 
the Federal Records Act, 44 U.S.C. 3101; Debt Collection Act of 1982, 
Public Law 97-276, Section 124; Debt Collection Improvement Act of 
1996, Public Law 104-132; Federal Claims Collection Standards, 31 CFR 
Chapter IX.

Purpose(s):
    The purpose of this system is to adjudicate and settle claims 
related to salary disputes, overpayments resulting from travel and 
transportation entitlement, claims from spouses, former spouses or 
widows of military personnel involving an annuity, and other similar 
activities when submitted by USCG active duty, reserve, and retired 
active duty and retired reserve military personnel.

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 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 
United States Attorneys, 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

[[Page 74741]]

    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 authorized officials of the Internal Revenue Service, General 
Accountability Office (GAO), and the Civil Service Commission, as 
required, to address salary claims submitted by USCG military and 
civilian personnel.
    I. To a court, magistrate, or administrative tribunal in the course 
of presenting evidence, including disclosures to opposing counsel or 
witnesses in the course of civil discovery, litigation, or settlement 
negotiations, or in connection with criminal law proceedings or in 
response to a subpoena.
    J. 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, or digital media.

Retrievability:
    USCG retrieves records by claimant's name, employee ID (EMPLID), or 
Social Security number.

Safeguards:
    USCG safeguards records in this system in accordance with 
applicable rules and policies, including all applicable DHS automated 
systems security and access policies. USCG imposes strict controls to 
minimize the risk of compromising the information. 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 retains records until adjudication and settlement. USCG 
retains most submissions for present setting value, as required. USCG 
retains records for 10 years, 3 months after the year in which the 
Government's right to collect first accrued. (AUTH: GRS 6, Item 
10b(2)(a))(Records Officer).

System Manager and address:
    Commandant (CG-12), United States Coast Guard, Mail Stop 7907, 
Washington, DC 20593-0001.

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 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 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, http://www.dhs.gov/foia or 1-866-431-0486. In addition, you should:
    <bullet> Explain why you believe the Department would have 
information on you;
    <bullet> Identify which component(s) of the Department you believe 
may have the information about you;
    <bullet> Specify when you believe the records would have been 
created; and
    <bullet> 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.

[[Page 74742]]

    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:
    USCG obtains records from individuals, USCG payroll offices, legal 
staff, investigators, Personnel Directorate, Comptroller General, GAO, 
and congressional correspondence.

Exemptions claimed for the system:
    None.

    Dated: November 18, 2014.
Karen L. Neuman,
Chief Privacy Officer, Department of Homeland Security.
[FR Doc. 2014-29381 Filed 12-15-14; 8:45 am]
BILLING CODE 9110-04-P