From: Subject: Federal Register, Volume 73 Issue 245 (Friday, December 19, 2008) Date: Wed, 1 Aug 2012 16:10:58 -0400 MIME-Version: 1.0 Content-Type: text/html; charset="utf-8" Content-Transfer-Encoding: quoted-printable Content-Location: http://www.gpo.gov/fdsys/pkg/FR-2008-12-19/html/E8-29783.htm X-MimeOLE: Produced By Microsoft MimeOLE V6.00.2900.6157 =EF=BB=BF Federal Register, Volume 73 Issue 245 (Friday, = December 19, 2008) 
[Federal Register Volume 73, Number 245 (Friday, December 19, =
2008)]
[Notices]
[Pages 77736-77738]
From the Federal Register Online via the Government Printing Office [http://www.gpo.gov/]
[FR Doc No: E8-29783]


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DEPARTMENT OF HOMELAND SECURITY

Office of the Secretary

[Docket No. DHS-2008-0142]


Privacy Act of 1974; United States Coast Guard--018 Exchange=20
System and Morale Well-Being and Recreation System Files System of=20
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=20
Department of Homeland Security's ongoing effort to review and update=20
legacy system of records notices, the Department of Homeland Security=20
is giving notice that it proposes to update and reissue the following=20
legacy record system DOT/CG 535 Coast Guard Exchange System (CGES) and=20
Morale, Welfare and Recreation (MWR) System (April 11, 2000) as a=20
Department of Homeland Security/United States Coast Guard system of=20
records notice titled, Coast Guard Exchange System (CGES) and Morale,=20
Well-being and Recreation (MWR) Program. Categories of individuals,=20
categories of records, and the routine uses of this legacy system of=20
records notice have been reviewed and updated to better reflect the=20
Department of Homeland Security and the United States Coast Guard's=20
Coast Guard Exchange System (CGES) and Morale, Well-being and=20
Recreation (MWR) Program record system. This new system will be=20
included in the Department of Homeland Security's inventory of record=20
systems.

DATES: Written comments must be submitted on or before January 20,=20
2009.

ADDRESSES: You may submit comments, identified by docket number DHS-
2008-0142 by one of the following methods:
     Federal e-Rulemaking Portal: http://www.regulations.gov/.=20
Follow the instructions for submitting comments.
     Fax: 1-866-466-5370.
     Mail: Hugo Teufel III, Chief Privacy Officer, Privacy=20
Office, Department of Homeland Security, Washington, DC 20528.
     Instructions: All submissions received must include the=20
agency name and docket number for this rulemaking. All comments=20
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=20
documents, or comments received, go to http://www.regulations.gov/.

FOR FURTHER INFORMATION CONTACT: For general questions please contact:=20
David Roberts (202-475-3521), United States Coast Guard Privacy=20
Officer, United States Coast Guard. For privacy issues please contact:=20
Hugo Teufel III (703-235-0780), Chief Privacy Officer, Privacy Office,=20
Department of Homeland Security, Washington, DC 20528.

SUPPLEMENTARY INFORMATION:=20

I. Background

    Pursuant to the savings clause in the Homeland Security Act of=20
2002, Public Law 107-296, section 1512, 116 Stat. 2310 (November 25,=20
2002), the Department of Homeland Security (DHS) and its components and=20
offices have relied on preexisting Privacy Act systems of records=20
notices for the collection and maintenance of records that concern the=20
Coast Guard Exchange System (CGES), and Morale, Well-being and=20
Recreation (MWR) Program.
    As part of its efforts to streamline and consolidate its record=20
systems, DHS is updating and reissuing a USCG system of records under=20
the Privacy Act (5 U.S.C. 552a) that deals with the CGES and MWR=20
Program. CGES and MWR programs are nonpay compensation programs that=20
provide for the mission readiness and retention of military personnel,=20
their families, and other eligible patron groups. CGES provides high=20
quality goods and services at price savings to its patrons with a=20
return to support MWR programs. MWR offers a wide range of programs,=20
facilities, and services such as fitness centers, picnic areas, child=20
development centers, food and beverage operations, and golf courses to=20
name a few. A complete list of MWR activities may be found in the Coast=20
Guard Morale, Well-Being, and Recreation Manual, COMDTINST M1710.13=20
(series). This record system will allow DHS/USCG to collect and=20
preserve the records regarding the CGES and MWR Program. The collection=20
and maintenance of this information will assist DHS/USCG in meeting its=20
obligation to administer the CGES and MWR Program.
    In accordance with the Privacy Act of 1974 and as part of DHS's=20
ongoing effort to review and update legacy system of records notices,=20
DHS is giving notice that it proposes to update and reissue the=20
following legacy record system DOT/CG 535 Coast Guard Exchange System=20
(CGES) and Morale, Welfare and Recreation (MWR) System (65 FR 19475=20
April 11, 2000) as a DHS/USCG system of records notice titled, Coast=20
Guard Exchange System (CGES) and Morale, Well-being and Recreation=20
(MWR) Program. Categories of individuals and categories of records have=20
been

[[Page 77737]]

reviewed, and the routine uses of this legacy system of records notice=20
have been updated to better reflect the Department of Homeland Security=20
and the United States Coast Guard's CGES and MWR Program record system.=20
This new system will be included in the Department of Homeland=20
Security's inventory of record systems.

II. Privacy Act

    The Privacy Act embodies fair information principles in a statutory=20
framework governing the means by which the United States Government=20
collects, maintains, uses, and disseminates individuals' records. The=20
Privacy Act applies to information that is maintained in a ``system of=20
records.'' A ``system of records'' is a group of any records under the=20
control of an agency for which information is retrieved by the name of=20
an individual or by some identifying number, symbol, or other=20
identifying particular assigned to the individual. In the Privacy Act,=20
an individual is defined to encompass United States citizens and lawful=20
permanent residents. As a matter of policy, DHS extends administrative=20
Privacy Act protections to all individuals where systems of records=20
maintain information on U.S. citizens, lawful permanent residents, and=20
visitors. Individuals may request access to their own records that are=20
maintained in a system of records in the possession or under the=20
control of DHS by complying with DHS Privacy Act regulations, 6 CFR=20
part 5.
    The Privacy Act requires each agency to publish in the Federal=20
Register a description denoting the type and character of each system=20
of records that the agency maintains, and the routine uses that are=20
contained in each system in order to make agency record keeping=20
practices transparent, to notify individuals regarding the uses to=20
which their records are put, and to assist individuals to more easily=20
find such files within the agency. Below is the description of the CGES=20
and MWR Program System of Records.
    In accordance with 5 U.S.C. 552a(r), DHS has provided a report of=20
this new system of records to the Office of Management and Budget and=20
to Congress.

SYSTEM OF RECORDS:
    DHS/USCG-018.

SYSTEM NAME:
    United States Coast Guard Coast Guard--018 Exchange System (CGES)=20
and Morale, Well-being and Recreation (MWR) Program.

SECURITY CLASSIFICATION:
    Unclassified.

SYSTEM LOCATION:
    Records are maintained at the United States Coast Guard=20
Headquarters in Washington, DC and field offices.

CATEGORIES OF INDIVIDUALS COVERED BY THE SYSTEM:
    Categories of individuals covered by this system Include eligible=20
patrons of CGES and MWR including active duty members and their=20
dependents, members of the reserves and their dependents, military=20
cadets of Services academies and their families, commissioned officers=20
of the Public Health Service, and their dependents, commissioned=20
officers of the National Oceanic and Atmospheric Administration on=20
active duty, armed forces retirees from active duty and their=20
dependents, armed forces retires from the reserves with/without pay and=20
their dependents, honorably discharged veterans with 100 percent=20
service-connected disability and their dependents, Medal of Honor=20
recipients and their dependents, former spouses who have not remarried,=20
but were married to a military member for at least 20 years while the=20
military member was on active duty of the armed forces and their=20
dependents, orphans of a military member when not adopted by new=20
parents under 21 years old or 23 years old if they are in full-time=20
study, DHS and DoD civilian employees and their dependents, other U.S.=20
Federal employees, medical personnel under contract to the Coast Guard=20
or DoD, when residing on an installation, military personnel of foreign=20
nations and their dependents when on orders from the U.S. Armed Forces,=20
paid members of the American Red Cross, Young Men's Christian=20
Association, United Services Organization and other private=20
organizations when assigned to and serving with the U.S. Armed Forces,=20
DHS/DoD contract personnel, Reserve Officers Training Corps cadets,=20
former prisoners of war and spouses of current POWs or service members=20
missing in action and their family members, nonappropriated and=20
appropriated funded foreign nationals, and other civilian members as=20
authorized.

CATEGORIES OF RECORDS IN THE SYSTEM:
    Categories of records in this system include:
     Individual's name;
     Payroll and personnel records;
     Accounting records for MWR loans;
     Listing of bad checks;
     Job applications;
     Correspondence regarding use of CGES and MWR programs and=20
facilities;
     Membership applications as applicable for the use of any=20
facilities;
     Investigatory reports involving damage to facilities or=20
abuse of privileges to utilize facilities; and
     Financial accounting documentation supporting sales,=20
accounts payable, accounts receivable as examples for the CGES/MWR=20
program.

AUTHORITY FOR MAINTENANCE OF THE SYSTEM:
    5 U.S.C. 301; 5 U.S.C. 2105; 10 U.S.C. 1146, 1587; 14 U.S.C. 632;=20
the Federal Records Act, 44 U.S.C. 3101.

PURPOSE(S):
    The purpose of this system to administer programs that provide for=20
the mission readiness and retention of Coast Guard personnel and other=20
authorized users; to document the approval and conduct of specifics=20
contests, shows, entertainment programs, sports activities/
competitions, and other MWR-type activities and events sponsored or=20
sanctioned by the Coast Guard. Information is used for registration;=20
reservations; track participation; pass management; report attendance;=20
record sales transactions; maintain billing for individuals; collect=20
payments; collect and report time and attendance of employees; process=20
credit cards, personal checks, and debt cards; create and manage=20
budgets; order and receive supplies and services; provide child care=20
services reports; track inventory, and issue catered event contracts.=20
Information will be used to market and promote similar MWR-type=20
activities conducted by Services' MWR programs, to provide a means of=20
paying, recording, accounting, reporting, and controlling expenditures=20
and merchandise inventories associated with retail operations, rentals,=20
and activities such as bingo games.

ROUTINE USES OF RECORDS MAINTAINED IN THE SYSTEM, INCLUDING CATEGORIES=20
OF USERS AND THE PURPOSES OF SUCH USES:
    In addition to those disclosures generally permitted under 5 U.S.C.=20
552a(b) of the Privacy Act, all or a portion of the records of=20
information contained in this system may be disclosed outside DHS as a=20
routine use pursuant to 5 U.S.C. 552a(b)(3) as follows:
    A. To the Department of Justice or other Federal agency conducting=20
litigation or in proceedings before any court, adjudicative or=20
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=20
DHS has agreed to represent the employee; or

[[Page 77738]]

    4. The United States or any agency thereof, is a party to the=20
litigation or has an interest in such litigation, and DHS determines=20
that the records are both relevant and necessary to the litigation and=20
the use of such records is compatible with the purpose for which DHS=20
collected the records.
    B. To a congressional office from the record of an individual in=20
response to an inquiry from that congressional office made at the=20
request of the individual to whom the record pertains.
    C. To the National Archives and Records Administration or other=20
Federal government agencies pursuant to records management inspections=20
being conducted under the authority of 44 U.S.C. 2904 and 2906.
    D. To an agency, organization, or individual for the purpose of=20
performing audit or oversight operations as authorized by law, but only=20
such information as is necessary and relevant to such audit or=20
oversight function.
    E. To appropriate agencies, entities, and persons when:
    1. DHS suspects or has confirmed that the security or=20
confidentiality of information in the system of records has been=20
compromised;
    2. The Department has determined that as a result of the suspected=20
or confirmed compromise there is a risk of harm to economic or property=20
interests, identity theft or fraud, or harm to the security or=20
integrity of this system or other systems or programs (whether=20
maintained by DHS or another agency or entity) or harm to the=20
individual that rely upon the compromised information; and
    3. The disclosure made to such agencies, entities, and persons is=20
reasonably necessary to assist in connection with DHS's efforts to=20
respond to the suspected or confirmed compromise and prevent, minimize,=20
or remedy such harm.
    F. To contractors and their agents, grantees, experts, consultants,=20
and others performing or working on a contract, service, grant,=20
cooperative agreement, or other assignment for DHS, when necessary to=20
accomplish an agency function related to this system of records.=20
Individuals provided information under this routine use are subject to=20
the same Privacy Act requirements and limitations on disclosure as are=20
applicable to DHS officers and employees.
    G. To an appropriate Federal, State, tribal, local, international,=20
or foreign law enforcement agency or other appropriate authority=20
charged with investigating or prosecuting a violation or enforcing or=20
implementing a law, rule, regulation, or order, where a record, either=20
on its face or in conjunction with other information, indicates a=20
violation or potential violation of law, which includes criminal,=20
civil, or regulatory violations and such disclosure is proper and=20
consistent with the official duties of the person making the=20
disclosure.

DISCLOSURE TO CONSUMER REPORTING AGENCIES:
    None.

POLICIES AND PRACTICES FOR STORING, RETRIEVING, ACCESSING, RETAINING,=20
AND DISPOSING OF RECORDS IN THE SYSTEM:
Storage:
    Records in this system are stored electronically or on paper in=20
secure facilities in a locked drawer behind a locked door. The records=20
are stored on magnetic disc, tape, digital media, and CD-ROM.

RETRIEVABILITY:
    Records may be retrieved alphabetically by name.

SAFEGUARDS:
    Records in this system are safeguarded in accordance with=20
applicable rules and policies, including all applicable DHS automated=20
systems security and access policies. Strict controls have been imposed=20
to minimize the risk of compromising the information that is being=20
stored. Access to the computer system containing the records in this=20
system is limited to those individuals who have a need to know the=20
information for the performance of their official duties and who have=20
appropriate clearances or permissions.

RETENTION AND DISPOSAL:
    Letters of authorization for Coast Guard MWR/CGES activities are=20
destroyed 3 years after disestablishment of the activity. Records and=20
supporting documents for administration of Coast Guard MWR/CGES=20
activities including bank statements, check registers, cash books,=20
cancelled checks, property and stock records, expenditure vouchers,=20
purchase orders, vendors' invoices, payroll and personnel records,=20
daily activity records, guest registration cards, food and beverage=20
cost control sheets, petty cash vouchers, reports and related papers=20
are destroyed 6 years and 3 months after the period covered by the=20
account. Credit cards receipts are destroyed in accordance with=20
retention requirements issued by the card processing agency and ranges=20
from 6 months to 2 years. GRS 2, item 1-31.

SYSTEM MANAGER AND ADDRESS:
    Commandant, CG-1, Assistant Commandant for Human Resources, United=20
States Coast Guard Headquarters, 2100 2nd Street, SW., Washington, DC=20
20593-0001.

NOTIFICATION PROCEDURE:
    Individuals seeking notification of and access to any record=20
contained in this system of records, or seeking to contest its content,=20
may submit a request in writing to Commandant, CG-1, Assistant=20
Commandant for Human Resources, United States Coast Guard Headquarters,=20
2100 2nd Street, SW., Washington, DC 20593-0001.
    When seeking records about yourself from this system of records or=20
any other USCG system of records your request must conform with the=20
Privacy Act regulations set forth in 6 CFR part 5. You must first=20
verify your identity, meaning that you must provide your full name,=20
current address and date and place of birth. You must sign your=20
request, and your signature must either be notarized or submitted under=20
28 U.S.C. 1746, a law that permits statements to be made under penalty=20
of perjury as a substitute for notarization. While no specific form is=20
required, you may obtain forms for this purpose from the Director,=20
Disclosure and FOIA, http://www.dhs.gov/ or 1-866-431-0486. =
In addition=20
you should provide the following:
     An explanation of why you believe the Department would=20
have information on you,
     Specify when you believe the records would have been=20
created,
     If your request is seeking records pertaining to another=20
living individual, you must include a statement from that individual=20
certifying his/her agreement for you to access his/her records.
    Without this bulleted information the USCG will not be able to=20
conduct an effective search, and your request may be denied due to lack=20
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:
    Individual record subject, previous employees, employment agencies,=20
civilian and military investigative reports, and general=20
correspondence.

EXEMPTIONS CLAIMED FOR THE SYSTEM:
    None.

    Dated: December 10, 2008.
Hugo Teufel III,
Chief Privacy Officer, Department of Homeland Security.
 [FR Doc. E8-29783 Filed 12-18-08; 8:45 am]
BILLING CODE 4410-10-P