1625-0121 Sorn

[Federal Register Volume 76, Number 154 (Wednesday, August 10, 2011)]

[Notices]

[Pages 49494-49497]

From the Federal Register Online via the Government Publishing Office [www.gpo.gov]

[FR Doc No: 2011-20225]

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DEPARTMENT OF HOMELAND SECURITY

Office of the Secretary

[Docket No. DHS-2011-0062]

Privacy Act of 1974; Department of Homeland Security United

States Coast Guard DHS/USCG-027 Recruiting Files 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 the Department of

Homeland Security proposes to update and reissue an existing Department

of Homeland Security system of records titled, ``Department of Homeland

Security/United States Coast Guard-027 Recruiting Files System of

Records.'' This system of records allows the Department of Homeland

Security/United States Coast Guard to collect and maintain records

regarding its enlistee recruiting program. As a result of the required

biennial review of this system, category of records and retention and

disposal have been updated and one routine use has been added to allow

for sharing with Department of Defense. This updated system will

replace the existing system of records.

DATES: Submit comments on or before September 9, 2011. This new system

will be effective September 9, 2011.

ADDRESSES: You may submit comments, identified by docket number DHS-

2011-0062 by one of the following methods:

Federal e-Rulemaking Portal: http://www.regulations.gov.

Follow the instructions for submitting comments.

Fax: 1-703-483-2999.

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:

Marilyn Scott-Perez (202-475-3515), Privacy Officer, United States

Coast Guard, 2100 2nd Street, SW., Stop 7101, Washington, DC 20593. For

privacy issues please contact: Mary Ellen

[[Page 49495]]

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, 5 U.S.C. 552a, the

Department of Homeland Security (DHS) United States Coast Guard (USCG)

proposes to update and reissue an existing DHS system of records

titled, ``DHS/United States Coast Guard-027 Recruiting Files System of

Records.'' This record system will allow DHS/USCG to collect and

preserve records related to 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.

As a result of the biennial review of this system, records have

been updated in the ``Categories of Records in the system'' section to

include an individual's home address. The ``Retention and disposal''

category was amended to reflect:

Completed Coast Guard Selection Test (CGST), including

Short Basic Test Battery (SBTB) answer sheets sent to Coast Guard

Institute by Recruiting Offices are destroyed when two years old (SSIC

1500 Item 17a, (NC1-26-80-4, item 338j(1)) and 17b (NC1-26-80-4, item

338j(2))).

Officer candidate files for selected applicants are filed

in the permanent Official Military Personnel Folder (SSIC 1100, item

1a, NC1-26-76-2, item 583a). Files for non-selected applicants are

destroyed six months after deadline dates for class which application

is made (SSIC1100, item 1b, NC1-26-76-2, item 583b). Direct Commission

Programs Applicant files; selected applicants records are filed in the

permanent Official Military Personnel Folder (SSIC 1100, item 2a, NC1-

26-79-2, item 584a); non-selected applicants files are destroyed one

year from date of board by which considered (SSIC 1100, item 2b, NC1-

26-79-2, item 584b). OCS and direct commission applicant files

containing copies of applications for appointment in the Coast Guard

Reserve are destroyed when one year old (SSIC 100, Item 3b, NC1-26-80-

4, item 337b).

Recruiting office jackets of successful and unsuccessful

applicants for enlistment are destroyed one year after enlistment or

rejection (SSIC 1100, Item 3a, NC1-26-80-4, item 337a).

General information files with the recruiting and

enlistment are destroyed after two years (SSIC 1100 item 4, NC1-26-76-

2, Item 587).

One routine use (I) was added to allow DHS to share these records

with officials and employees of the Department of Defense in the

performance of their official duties related to the qualification of

applicants for enlistment or commissioning, and for the analysis of and

recordation of military forces levels.

II. Privacy Act

The Privacy Act embodies fair information 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 systems of records maintain information on U.S.

citizens, lawful permanent residents, and visitors.

Below is the description of the DHS/United States Coast Guard-027

Recruiting 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

DHS/USCG-027

System name:

DHS/USCG-027 Recruiting Files System of Records.

Security classification:

Unclassified.

System location:

Records are maintained within the Recruiting Analysis and Tracking

System (RATS) 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 civilians and

military personnel who have taken the following tests: Armed Services

Vocational Aptitude Battery; United States Navy Officer Qualification

Test; OQT; 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;

Individual's home address;

Date of birth;

Social security number;

Program of interest;

Citizenship;

Marital status;

Race;

Ethnicity;

Gender;

Personal history;

E-mail and phone contact information;

Education;

Test scores, college majors, grades and transcripts;

Professional qualifications;

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. 503; 14 U.S.C. 350-373, 632; COMDTINST

M1100.2E, Coast Guard Recruiting Manual.

Purpose(s):

The purpose of this system is to document recruiting efforts and

[[Page 49496]]

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 (DOJ), including U.S. 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 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 U.S. 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 (NARA) 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 Administration and

Selective Service System in the performance of their official duties

related to enlistment and reenlistment eligibility and related

benefits.

I. To officials and employees of the Department of Defense in the

performance of their official duties related to the qualification of

applicants for enlistment or commissioning, and for the analysis of and

recordation of military force levels.

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:

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.

Retention and disposal:

Completed Coast Guard Selection Test (CGST), including Short Basic

Test Battery (SBTB) answer sheets sent to Coast Guard Institute by

Recruiting Offices are destroyed when two years old (SSIC 1500 Item

17a, (NC1-26-80-4, item 338j(1)) and 17b (NC1-26-80-4, item 338j(2))).

Officer candidate files for selected applicants are filed in the

permanent Official Military Personnel Folder (SSIC 1100, item 1a, NC1-

26-76-2, item 583a) Files for non-selected applicants are destroyed 6

months after deadline dates for class which application is made

(SSIC1100, item 1b, NC1-26-76-2, item 583b) Direct Commission Programs

Applicant files; selected applicants records are filed in the permanent

Official Military Personnel Folder (SSIC 1100, item 2a, NC1-26-79-2,

item 584a); Non-selected Applicants files are destroyed 1 year from

date of board by which considered. (SSIC 1100, item 2b, NC1-26-79-2,

item 584b) OCS and

[[Page 49497]]

direct commission applicant files containing copies of applications for

appointment in the Coast Guard Reserve are destroyed when 1 year old.

(SSIC 1100, Item 3b, NC1-26-80-4, item 337b)

Recruiting office jackets of successful and unsuccessful applicants

for enlistment are destroyed one year after enlistment or rejection.

(SSIC 1100, Item 3a, NC1-26-80-4, item 337a) General information files

with the recruiting and enlistment are destroyed after two years (SSIC

1100 item 4, NC1-26-76-2, Item 587).

System Manager and address:

Commander, United States Coast Guard Personnel Command, 2100 2nd

Street, SW., Stop 7801, Washington, DC 20539.

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), U.S. Coast

Guard, Attn: FOIA Coordinator, 2100 2nd Street, SW., Stop 7101,

Washington, DC 20593.

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 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 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:

Records are obtained from 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: July 8, 2011.

Mary Ellen Callahan,

Chief Privacy Officer, Department of Homeland Security.

[FR Doc. 2011-20225 Filed 8-9-11; 8:45 am]

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