[Federal Register Volume 65, Number 65 (Tuesday, April 4, 2000)]
[Notices]
[Pages 17643-17645]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 00-8183]


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DEPARTMENT OF DEFENSE

Department of the Navy


Privacy Act of 1974; System of Records

AGENCY: Department of the Navy, DoD.

ACTION: Notice to add an exempt system of records.

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SUMMARY: The Department of the Navy proposes to add an exempt system of 
records to its inventory of records systems notices subject to the 
Privacy Act of 1974 (5 U.S.C. 552a), as amended.

DATES: This action will be effective on May 4, 2000, unless comments 
are received that would result in a contrary determination.

ADDRESSES: Send comments to the Department of the Navy, PA/FOIA Policy 
Branch, Chief of Naval Operations (N09B30), 2000 Navy Pentagon, 
Washington, DC 20350-2000.

FOR FURTHER INFORMATION CONTACT: Mrs. Doris Lama at (202) 685-6545 or 
DSN 325-6545.

SUPPLEMENTARY INFORMATION: The Department of the Navy's record system 
notices for records systems subject to the Privacy Act of 1974 (5 
U.S.C. 552a), as amended, have been published in the Federal Register 
and are available from the address above.
    The proposed system report, as required by 5 U.S.C. 552a(r) of the 
Privacy Act was submitted on March 23, 2000, to the House Committee on 
Government Reform, the Senate Committee on Governmental Affairs, and 
the Office of Management and Budget (OMB) pursuant to paragraph 4c of 
Appendix I to OMB Circular No. A-130, ``Federal Agency Responsibilities 
for Maintaining Records About Individuals,'' dated February 8, 1996, 
(61 FR 6427, February 20, 1996).

    Dated: March 29, 2000.
L.M. Bynum,
Alternate OSD Federal Register Liaison Officer, Department of Defense.
N05813-4

System name:
    Trial/Government Counsel Files.

System location:
    Trial Service Offices, Detachments, and Branch Offices which have 
trial counsel assigned, regardless of branch of service. Official 
mailing addresses are published as an appendix to the Navy's 
compilation of system of record notices.

Categories of individuals covered by the system:
    Navy, Marine Corps, and Coast Guard members who have been charged 
with violating the Uniform Code of Military Justice (UCMJ) and pending 
trial by court-martial, an investigation pursuant to Article 32, UCMJ, 
or a Court or Board of Inquiry; convicted or acquitted by court-
martial; charged with violating the UCMJ in cases in which charges were 
dismissed; or the subject of a military justice investigation, a Court 
or Board of Inquiry, or other administrative or

[[Page 17644]]

disciplinary hearing, which did not result in a court-martial.

Categories of records in the system:
    Charge sheets; convening orders; appointing orders; investigative 
reports of Federal, state, and local law enforcement agencies; local 
command investigations; witness statements; results from witness 
interviews; witness travel claim programs and files; documentary 
evidence; pretrial advice; immunity requests; search authorizations; 
general correspondence; legal research and memoranda; motions; forensic 
reports; pretrial confinement orders; personnel, financial, and medical 
records; report of Article 32, UCMJ investigations; report of Court or 
Board of Inquiry; subpoenas; discovery requests; correspondence 
reflecting pretrial negotiations; requests for resignation or discharge 
in lieu of trial by court-martial; work-product of trial counsel and 
trial department staff; results of trial memoranda; case tracking 
programs and files; and forms to comply with the Victim and Witness 
Assistance Program, the Sexual Assault Prevention and Response Program, 
and the Victims' Rights and Restitution Act of 1990.

Authority for maintenance of the system:
    5 U.S.C. 301, Departmental Regulations; 42 U.S.C. 10606-10607; E.O. 
9397 (SSN); and Rule for Court-Martial 502(d)(5), Manual for Court-
Martial; and the Victims' Rights and Restitution Act of 1990.

Purpose(s):
    To prosecute or otherwise resolve military justice cases.
    To obtain support from the U.S. Department of Justice on requests 
for immunity for civilian witnesses.
    To obtain information from a Federal, state, local, or foreign 
agency, or from an individual or organization, relating to an 
investigation, charges, or court-martial.
    To provide information and support to victims and witnesses in 
compliance with the Victim and Witness Assistance Program, Sexual 
Assault Prevention and Response Program, and the Victims' Rights and 
Restitution Act of 1990.

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, these records or information contained 
therein may specifically be disclosed outside the DoD as a routine use 
pursuant to 5 U.S.C. 552a(b)(3) as follows:
    To the U.S. Department of Justice to obtain support for requests 
for immunity for civilian witnesses.
    To a Federal, state, local, or foreign agency, or to an individual 
or organization, if there is reason to believe that such agency, 
individual, or organization possesses information relating to the 
investigation, charges, or court-martial, and the disclosure is 
reasonably necessary to elicit such information or to obtain the 
cooperation of a witness or an informant.
    To victims and witnesses to comply with the Victim and Witness 
Assistance Program, Sexual Assault Prevention and Response Program, and 
the Victims' Rights and Restitution Act of 1990.
    To attorney licensing and/or disciplinary authorities as required 
to support professional responsibility investigations and proceedings.
    The ``Blanket Routine Uses'' that appear at the beginning of the 
Navy's compilation of systems of records notices also apply to this 
system.

Policies and practices for storing, retrieving, accessing, retaining, 
and disposing of records in the system:
Storage:
    Paper and automated records.

Retrievability:
    Name and/or Social Security Number, year of case.

Safeguards:
    Classified information is stored in locked safe drawers with the 
proper security measures applicable. Unclassified information is 
located in file cabinets. Some file cabinets have locking capabilities. 
Automated files are password protected. Offices are locked during non-
working hours. The files are not accessible to the public or to persons 
within the command without an official need to know.

Retention and disposal:
    Files relating to pretrial matters are destroyed when two years old 
or purpose is served. Files relating to court-martial reviews and 
appeals are destroyed four years after completion of appellate review.

System manager(s) and address:
    Commander, Naval Legal Service Command, Washington Navy Yard, 1322 
Patterson Avenue SE, Suite 3000, Washington, DC 20374-5066 and at the 
Trial Service Office, Detachment, or Branch Office where the matter was 
handled.

Notification procedure:
    Individuals seeking to determine whether this system of records 
contains information about themselves should address written inquiries 
to the cognizant Trial Service Office, Detachment, or Branch Office. 
Official mailing addresses are published as an appendix to the Navy's 
compilation of systems of records notices.
    The request should include the full name, Social Security Number, 
and address of the individual concerned; the name of the case; and any 
other identifying information which may be of assistance in locating 
the record. The request must be signed.

Record access procedures:
    Individuals seeking access to information about themselves 
contained in this system should address written inquiries to the 
cognizant Trial Service Office, Detachment, or Branch Office. Official 
mailing addresses are published as an appendix to the Navy's 
compilation of systems of records notices.
    The request should include the full name, Social Security Number, 
and address of the individual concerned; the name of the case; and any 
other identifying information that may be of assistance in locating the 
record. The request must be signed.

Contesting record procedures:
    The Navy's rules for accessing records, and for contesting contents 
and appealing initial agency determinations are published in Secretary 
of the Navy Instruction 5211.5; 32 CFR part 701, or may be obtained 
from the system manager.

Record source categories:
    Court-martial, Article 32, UCMJ investigations, Courts or Boards of 
Inquiry or other administrative or disciplinary hearings; convening 
authorities; Federal, state, and local law enforcement agencies; 
witness interviews; personnel, financial, and medical records; medical 
facilities; financial institutions; case tracking programs and files; 
and the work-product of trial counsel, legalmen, and legal assistants 
working on particular cases.

Exemption claimed for the system:
    Parts of this system may be exempt pursuant to 5 U.S.C. 552a(j)(2) 
if the information is compiled and maintained by a component of the 
agency which performs as its principle function any activity pertaining 
to the enforcement of criminal laws.
    Information specifically authorized to be classified under E.O. 
12958, as implemented by DoD 5200.1-R, may be exempt pursuant to 5 
U.S.C. 552a(k)(1).
    Investigatory material compiled for law enforcement purposes may be 
exempt pursuant to 5 U.S.C. 552a(k)(2).

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However, if an individual is denied any right, privilege, or benefit 
for which he would otherwise be entitled by Federal law or for which he 
would otherwise be eligible, as a result of the maintenance of such 
information, the individual will be provided access to such information 
except to the extent that disclosure would reveal the identity of a 
confidential source.
    An exemption rule for this system has been promulgated in 
accordance with requirements of 5 U.S.C. 553(b)(1), (2), and (3), (c), 
and (e) and published in 32 CFR part 701, subpart G. For additional 
information, contact the system manager.
[FR Doc. 00-8183 Filed 4-3-00; 8:45 am]
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