[Federal Register Volume 73, Number 212 (Friday, October 31, 2008)]
[Notices]
[Pages 64961-64964]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E8-25964]


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DEPARTMENT OF HOMELAND SECURITY

Office of the Secretary

[Docket No. DHS-2008-0113]


Privacy Act of 1974; United States Coast Guard Courts Martial 
Case 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, and as part of the 
Department of Homeland Security ongoing effort to review and update 
legacy system of record notices the Department of Homeland Security is 
giving notice that it proposes to consolidate two legacy record 
systems: DOT/CG 507 Coast Guard Supplement to the Manual of Courts 
Martial Investigations and DOT/CG 510 Records of Trial: Special, 
General and Summary Courts Martial into a Department of Homeland 
Security system of records notice titled, United States Coast Guard 
Courts Martial Case Files. This system will be used by the United 
States Coast Guard to collect and maintain records on military and 
civilian employees of the United States Coast Guard who are tried by, 
or involved with, court martial in the United States Coast Guard. 
Categories of individuals, categories of records, and the routine uses 
of these legacy system of records notices have been consolidated and 
updated to better reflect the Department of Homeland Security/United 
States Coast Guard's courts martial record systems. Concurrent with 
this publication, the Department of Homeland Security is publishing a 
notice of proposed rulemaking to exempt this system from certain 
aspects of the Privacy Act. This system will be included in the 
Department's inventory of record systems.

DATES: Submit comments on or before December 1, 2008. This new system 
will be effective December 1, 2008.

ADDRESSES: You may submit comments, identified by docket number DHS-
2008-0113 by one of the following methods:
     Federal e-Rulemaking Portal: http://www.regulations.gov. 
Follow the instructions for submitting comments.
     Fax: 1-866-466-5370.
     Mail: Hugo Teufel III, 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 and may be read at 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: 
David Roberts (202-475-3521), Privacy Officer, United States Coast 
Guard. For privacy issues please contact: Hugo Teufel III (703-235-
0780), Chief Privacy Officer, Privacy Office, U.S. Department of 
Homeland Security, Washington, DC 20528.

SUPPLEMENTARY INFORMATION:

[[Page 64962]]

I. Background

    Pursuant to the savings clause in the Homeland Security Act of 
2002, Public Law 107-296, Section 1512, 116 Stat. 2310 (November 25, 
2002), the Department of Homeland Security (DHS)/United States Coast 
Guard (USCG) have relied on preexisting Privacy Act systems of records 
notices for the collection and maintenance of records pertaining to 
courts martial case files regarding the USCG military personnel.
    As part of its efforts to streamline and consolidate its record 
systems, DHS is establishing a component system of records under the 
Privacy Act (5 U.S.C. 552a) for USCG that deals with courts martial 
case files. This record system is titled, United States Coast Guard 
Courts Martial Case Files, and is a compilation of two USCG legacy 
SORNs: DOT/CG 507 Coast Guard Supplement to the Manual of Courts 
Martial Investigations (65 FR 19476 April 11, 2000) and DOT/CG 510 
Records of Trial: Special, General and Summary Courts Martial (65 FR 
19476 April 11, 2000). This records system will allow DHS/USCG to 
collect and maintain records regarding military justice administration 
and documentation of DHS/USCG court martial.
    In accordance with the Privacy Act of 1974, DHS is giving notice 
that it proposes to consolidate two legacy record systems: DOT/CG 507 
Coast Guard Supplement to the Manual of Courts Martial Investigations 
(65 FR 19476 April 11, 2000) and DOT/CG 510 Records of Trial: Special, 
General and Summary Courts Martial (65 FR 19476 April 11, 2000) into a 
DHS system of records notice titled, United States Coast Guard Courts 
Martial Case Files. This system will be used by DHS/USCG to collect and 
maintain records on USCG active duty, reserve, and retired active duty 
and retired reserve military personnel and other individuals who are 
tried by, or involved with, court martial in the USCG. Categories of 
individuals, categories of records, and the routine uses of these 
legacy system of records notices have been consolidated and updated to 
better reflect the DHS/USCG's courts martial record systems. Concurrent 
with this publication, the Department of Homeland Security is 
publishing a notice of proposed rulemaking to exempt this system from 
certain aspects of the Privacy Act. This system will be included in the 
Department's inventory of record systems.

II. Privacy Act

    The Privacy Act embodies fair information principles in a statutory 
framework governing the means by which the United States 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 United States citizens and legal 
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. Individuals may request access to their own records that are 
maintained in a system of records in the possession or under the 
control of DHS by complying with DHS Privacy Act regulations, 6 CFR 
Part 5.
    The Privacy Act requires each agency to publish in the Federal 
Register a description denoting the type and character of each system 
of records that the agency maintains, and the routine uses that are 
contained in each system in order to make agency record keeping 
practices transparent, to notify individuals regarding the uses of 
their records, and to assist individuals to more easily find such files 
within the agency. Below is the description of the United States Coast 
Guard Courts Martial 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 (OMB) and 
to Congress.

System of Records:
    DHS/USCG-008.

System name:
    United States Coast Guard Courts Martial Case Files.

Security classification:
    Unclassified.

System location:
    Records are maintained at the United States Coast Guard 
Headquarters in Washington, DC, and in field offices.

Categories of individuals covered by the system:
    Categories of individuals covered by this system include all USCG 
active duty, reserve, and retired active duty and retired reserve 
military personnel and other individuals who are tried by, or involved 
with, court martial.

Categories of records in the system:
    Categories of records in this system include:
     Individual's name;
     Social Security number;
     Employee identification number;
     Date of birth;
     Addresses;
     E-mail address;
     Telephone numbers;
     Job-related information including: Job title, rank, duty 
station, supervisor's name and telephone number; and
     Records of trial (contents are in accordance with Article 
54 of the Uniform Code of Military Justice and Rule for Court Martial 
1103 which includes charge sheet, exhibits, transcript of trial, 
sentencing report, arguments, and various other documents).

Authority for maintenance of the system:
    5 U.S.C. 301; The Federal Records Act, 44 U.S.C. 3101; 14 U.S.C. 
93(e), 632; 10 U.S.C. 815; 10 U.S.C. 865; E.O. 11835; DHS Delegation 
0170.1.

Purpose(s):
    The purpose of this system is to document courts martial case files 
relating to the all USCG active duty, reserve, and retired active duty 
and retired reserve military personnel and other individuals who are 
tried by, or involved with, court martial.

Routine uses of records maintained in the system, including categories 
of users and the purposes of such uses:
    Courts martial records reflect criminal proceedings ordinarily open 
to the public; therefore, they are normally releasable to the public 
pursuant to the Freedom of Information Act. 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 (including United States 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 or has an interest in such litigation:
    1. DHS or any component thereof;
    2. Any employee of DHS in his/her official capacity;

[[Page 64963]]

    3. Any employee of DHS in his/her individual capacity where DOJ or 
DHS has agreed to represent the employee; or
    4. The United States 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 or other 
Federal government agencies pursuant to records management inspections 
being conducted under the authority of 44 U.S.C. Sec. Sec.  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 who relies 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 an appropriate Federal, State, local, tribal, foreign, or 
international agency, if the information is relevant and necessary to a 
requesting agency's decision concerning the hiring or retention of an 
individual, or issuance of a security clearance, license, contract, 
grant, or other benefit, or if the information is relevant and 
necessary to a DHS decision concerning the hiring or retention of an 
employee, the issuance of a security clearance, the reporting of an 
investigation of an employee, the letting of a contract, or the 
issuance of a license, grant or other benefit and when disclosure is 
appropriate to the proper performance of the official duties of the 
person making the request.
    I. To provide statistical data concerning the number of proceedings 
held, units holding proceedings, offenses committed, punishments 
imposed, and background data of individuals concerned.
    J. To the Veterans Administration (VA) to assist USCG in 
determining the individual's entitlement to benefits administered by 
the VA.
    K. To the confinement facility, if confinement is adjudged, and the 
confinement facility is not USCG facility.
    L. To victims and witnesses of a crime for purposes of providing 
information, consistent with the requirements of the Victim and Witness 
Assistance Program, regarding the investigation and disposition of an 
offense pursuant to USCG Military Justice Manual, Article 4.B.1.d and 
subject to any restrictions provided by the Victim and Witness 
Protection Act of 1982 (Pub. L. 97-291).

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 
can be stored on magnetic disc, tape, digital media, and CD-ROM.

Retrievability:
    Records will be retrieved alphabetically by the name of the 
individual.

Safeguards:
    Records in this system are safeguarded in accordance with 
applicable rules and policies, including all applicable DHS automated 
system security 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.

Retention and disposal:
    All General Courts Martial and Special Courts Martial records 
involving Bad Conduct Discharge are permanent. Transfer to FRC 2 years 
after date of final action. Transfer to NARA 10 years after final 
action. (AUTH: NC1-26-76-2, Item 384a). Special Courts Martial other 
than those involving Bad Conduct Discharges are temporary. Transfer to 
FRC 2 years after date of final action. Destroy 10 years after date of 
final action. (AUTH: NC1-26-76-2, Item 384b). Summary Courts Martial 
convened after 5 May 1950 are Temporary. Transfer to FRC 2 years after 
date of final action. Destroy 10 years after date of final action. 
(AUTH: NC1-26-76-2, Item 384c(1)). (Records Officer)

System Manager and address:
    Commandant, CG-0946, United States Coast Guard Headquarters, 2100 
2nd Street, SW., 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 Commandant, CG-0946, Office of 
Military Justice, United States Coast Guard Headquarters, 2100 2nd 
Street, SW., Washington, DC 20593-0001.
    When seeking records about yourself from this system of records or 
any other USCG 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

[[Page 64964]]

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 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 investigating officers, military, and civilian personnel. 
Individual service records from proceedings conducted. Trial 
proceedings and subsequent statutory reviews--Court of Military Review, 
Court of Appeals for the Armed Services, and Chief Counsel of the USCG.

Exemptions claimed for the system:
    Pursuant to exemption 5 U.S.C. 552a(j)(2) of the Privacy Act, 
portions of this system are exempt from 5 U.S.C. 552a(c)(3) and (4); 
(d); (e)(1), (e)(2), (e)(3), (e)(4)(G), (e)(4)(H), (e)(4)(I), (e)(5) 
and (e)(8); (f), and (g). Pursuant to 5 U.S.C. 552a(k)(1) and (k)(2), 
this system is exempt from the following provisions of the Privacy Act, 
subject to the limitations set forth in those subsections: 5 U.S.C. 
552a (c)(3), (d), (e)(1), (e)(4)(G), (e)(4)(H), (e)(4)(I), and (f).

    Dated: October 22, 2008.
Hugo Teufel III,
Chief Privacy Officer, Department of Homeland Security.
[FR Doc. E8-25964 Filed 10-30-08; 8:45 am]
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