[Federal Register Volume 68, Number 113 (Thursday, June 12, 2003)]
[Notices]
[Pages 35203-35204]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 03-14815]


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DEPARTMENT OF DEFENSE

Office of the Secretary


Privacy Act of 1974; System of Records

AGENCY: Office of the Secretary, DoD.

ACTION: Notice to add systems of records.

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SUMMARY: The Office of the Secretary of Defense proposes to add a 
system of

[[Page 35204]]

records notice to its inventory of record systems subject to the 
Privacy Act of 1974 (5 U.S.C. 552a), as amended.

DATES: The changes will be effective on July 14, 2003 unless comments 
are received that would result in a contrary determination.

ADDRESSES: Send comments to Directives and Records Division, Directives 
and Records Branch, Washington Headquarters Services, 1155 Defense 
Pentagon, Washington, DC 20301-1155.

FOR FURTHER INFORMATION CONTACT: Mr. Dan Cragg at (703) 601-4722.

SUPPLEMENTARY INFORMATION: The Office of the Secretary of Defense 
notices for systems of records 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 systems reports, as required by 5 U.S.C. 552a(r) of 
the Privacy Act of 1974, as amended, were submitted on May 28, 2003, 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 (February 20, 1996, 61 FR 6427).

    Dated: June 4, 2003.
Patricia L. Toppings,
Alternate OSD Federal Register Liaison Officer, Department of Defense.
System name:
    Qualification of Civilian Defense Counsel for Military Commissions.

System location:
    Chief Defense Counsel, Office of Military Commissions, Office of 
the General Counsel, Department of Defense, 1600 Defense Pentagon, 
Washington, DC 20301-1600.

Categories of individuals covered by the system:
    Civilian Defense Counsel seeking admission to practice before 
Military Commissions in accordance with Military Commission Instruction 
No. 5.

Categories of records in the system:
    Records relating to the professional qualifications of civilian 
counsel to practice before Military Commissions. Records include full 
name of the individual, work address and phone number; Social Security 
Number; proof of U.S. citizenship; certificate showing good standing 
with the bar of a qualifying jurisdiction; statement detailing all 
sanctions or disciplinary actions pending or final, to which he/she has 
been subject; information required to conduct a background 
investigation for security clearance; a properly executed 
`Authorization for Release of Information' and `Affidavit and Agreement 
by Civilian Defense Counsel'; and a one-page resume from the civilian 
defense counsel that will be provided to the detainees.

Authority for maintenance of the system:
    5 U.S.C. 301, Departmental Regulations; 5 U.S.C. 113, Secretary of 
Defense; Military Commission Instruction No. 5, Qualification of 
Civilian Defense Counsel; section 4C(3)(b) of Military Commission Order 
No. 1, Procedures for Trials by Military Commissions of Certain Non-
United States Citizens in the War Against Terrorism; Military Order of 
November 13, 2001, Detention, Treatment, and Trial of Certain Non-
Citizens in the War Against Terrorism; and E.O. 9397 (SSN).

Purpose(s):
    The information is collected for the purpose of determining whether 
the individual meets prescribed eligibility criteria to serve as 
civilian defense counsel for an accused who will appear before a 
Military Commission.
    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 accused for purposes of furnishing information on individuals 
who are qualified to appear before a Military Commission as a civilian 
defense counsel.
    The DoD ``Blanket Routine Uses'' set forth at the beginning of 
OSD's compilation of systems of records notices apply to this system.
    Policies and practices for storing, retrieving, accessing, 
retaining, and disposing of records in the system:

Storage:
Records are stored as paper files only.
Retrievability:
    Retrieved by the individual's full name.
    Safeguards:
    Records are maintained in a secure, limited access or monitored 
area. Physical entry by unauthorized persons is restricted by the use 
of locks, guards, or administrative procedures. Access to personal 
information is limited to those who require the records to perform 
their official duties. All personnel whose official duties require 
access to the information are trained in the proper safeguarding and 
use of the information.

Retention and disposal:
    Disposition pending. Until the National Archives and Records 
Administration has approved the retention and disposition of these 
records, treat records as permanent.

System manager(s) and address:
    Chief Defense Counsel, Office of Military Commissions, Office of 
the General Counsel, Department of Defense, 1600 Defense Pentagon, 
Washington, DC 20301-1600.

Notification procedure:
    Individuals seeking to determine whether this system of records 
contains information about themselves should address written inquiries 
to the Chief Defense Counsel, Office of Military Commissions, Office of 
the General Counsel, Department of Defense, 1600 Defense Pentagon, 
Washington, DC 20301-1600.
    Requests for information should contain the individual's full name.

Records access procedures:
    Individuals seeking to access information about themselves 
contained in this system of records should address written inquiries to 
the Chief Defense Counsel, Office of Military Commissions, Office of 
the General Counsel, Department of Defense, 1600 Defense Pentagon, 
Washington, DC 20301-1600.
    Requests for information should contain the individual's full name.

Contesting record procedures:
    The OSD rules for accessing records, for contesting contents and 
appealing initial agency determinations are published in OSD 
Administrative Instruction 81; 32 CFR part 311; or may be obtained from 
the system manager.

Record source categories:
    The source of record is from the individuals concerned and State 
Bar Associations.

Exemptions claimed for the system:
    None.
[FR Doc. 03-14815 Filed 6-11-03; 8:45 am]
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