[Federal Register Volume 86, Number 197 (Friday, October 15, 2021)]
[Notices]
[Pages 57415-57417]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-22530]


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DEPARTMENT OF DEFENSE

Office of the Secretary

[Docket ID: DoD-2021-OS-0103]


Privacy Act of 1974; System of Records

AGENCY: Office of the Secretary of Defense (OSD), Department of Defense 
(DoD).

ACTION: Notice of a new system of records.

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SUMMARY: In accordance with the Privacy Act of 1974, the DoD is 
establishing a new system of records titled ``Office of Military 
Commissions (OMC), Office of Court Administration's Nominees and Panel 
Member Records,'' DGC 23. This system will be used to verify panel 
members' eligibility to serve on the panel, confirm panel members' 
clearances, and coordinate their travel to the location of the court.

DATES: This system of records is effective upon publication; however, 
comments on the Routine Uses will be accepted on or before November 15, 
2021. The Routine Uses are effective at the close of the comment 
period.

ADDRESSES: You may submit comments, identified by docket number and 
title, by any of the following methods:
    * Federal Rulemaking Portal: https://www.regulations.gov.
    Follow the instructions for submitting comments.
    * Mail: DoD cannot receive written comments at this time due to the 
COVID-19 pandemic. Comments should be sent electronically to the docket 
listed above.
    Instructions: All submissions received must include the agency name 
and docket number for this Federal Register document. The general 
policy for comments and other submissions from members of the public is 
to make these submissions available for public viewing on the internet 
at https://www.regulations.gov as they are received without change, 
including any personal identifiers or contact information.

FOR FURTHER INFORMATION CONTACT: Ms. Alva C. Foster, Office of 
Information Counsel, DoD General Counsel (Legal Counsel), 1600 Defense 
Pentagon, Room 3B688, Washington, DC 20301, [email protected] 
or by phone at (571) 286-0254.

SUPPLEMENTARY INFORMATION:

I. Background

    The OSD is establishing a new system of records subject to the 
Privacy Act of 1974, 5 U.S.C. 552a. This set of records provides the 
OMC the necessary means to support the selection of panel members for 
military commissions trials by: (1) Coordinating with military Service 
representatives to identify commissioned and warrant officers who may 
be eligible to serve as panel members; (2) verifying and/or requesting 
security clearances for those individuals; and (3) collecting the 
necessary information to process and coordinate travel requirements for 
those individuals, as required by 10 U.S.C. 948i(b) and the Manual for 
Military Commissions (2019 Edition), Rules for Military Commissions 
(R.M.C.) 503(a).
    DoD system of record notices (SORNs) have been published in the 
Federal Register and are available from the address in FOR FURTHER 
INFORMATION CONTACT or at the Defense Privacy, Civil Liberties, and 
Transparency Division website at https://dpcld.defense.gov/privacy.

II. Privacy Act

    Under the Privacy Act, a ``system of records'' is a group of 
records under the control of an agency from 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 as a U.S. citizen or lawful 
permanent resident.
    In accordance with 5 U.S.C. 552a(r) and Office of Management and 
Budget (OMB) Circular No. A-108, the DPCLTD has provided a report of 
this system of records to the OMB and to Congress.

    Dated: October 12, 2021.
Aaron T. Siegel,
Alternate OSD Federal Register Liaison Officer, Department of Defense.

SYSTEM NAME AND NUMBER:
    Office of Military Commissions (OMC), Office of Court 
Administration's Nominees and Panel Member Records, DGC 23.

SECURITY CLASSIFICATION:
    Unclassified.

SYSTEM LOCATION:
    Paper records are maintained at Office of Military Commissions, 
Attn: Office of

[[Page 57416]]

Court Administration, 1550 Crystal Drive, Suite 501, Arlington, VA 
22202. Electronic records are maintained at both the above address and 
on the server of Office of Military Commissions, Attn: Office of Court 
Administration, 4800 Mark Center Drive, Alexandria, VA 22350-2100.

SYSTEM MANAGER(S):
    Chief, Office of Court Administration, Office of Military 
Commissions, 1550 Crystal Drive, Suite 501, Arlington, VA 22202. Email: 
[email protected].

AUTHORITY FOR MAINTENANCE OF THE SYSTEM:
    10 U.S.C. 47A, Military Commissions; Military Commissions Act of 
2009; Regulation for Trial by Military Commission (2011 Edition); 
Manual for Military Commissions United States (2019 Edition), R.M.C. 
503(a); Deputy Secretary of Defense Directive: Nominees for Members of 
Military Commissions; E.O. 9397 (SSN), as amended.

PURPOSE(S) OF THE SYSTEM:
    To support the selection of panel members for military commissions 
trials by: (1) Coordinating with military Service representatives to 
identify commissioned and warrant officers who may be eligible to serve 
as panel members; (2) verifying and/or requesting security clearances 
for those individuals; and (3) collecting the necessary information to 
process and coordinate travel requirements for those individuals.

CATEGORIES OF INDIVIDUALS COVERED BY THE SYSTEM:
    All military Service members nominated or selected to serve as 
panel members.

CATEGORIES OF RECORDS IN THE SYSTEM:
    A. Biographical information, such as name; Social Security Number 
(SSN); date of birth; place of birth; gender height, weight, and blood 
type.
    B. Personal and assignment information, such as home address; 
government email address; personal email address; home and work 
telephone numbers; duty location and address; supervisor or unit point 
of contact; and emergency point of contact.
    C. Military occupation information, such as: Rank; grade; branch of 
service; date of rank; active duty service date; security clearance 
level and date; command position information; deployment information; 
emergency point of contact name and contact information; OMC case 
number.

RECORD SOURCE CATEGORIES:
    The individual; panel member data forms.

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, as amended, all or a portion of the records 
or information contained herein may specifically be disclosed outside 
the DoD as a Routine Use pursuant to 5 U.S.C. 552a(b)(3) as follows:
    A. To contractors, grantees, experts, consultants, students, and 
others performing or working on a contract, service, grant, cooperative 
agreement, or other assignment for the Federal government when 
necessary to accomplish an agency function related to this system of 
records.
    B. To the appropriate Federal, State, local, territorial, tribal, 
foreign, or international law enforcement authority or other 
appropriate entity where a record, either alone or in conjunction with 
other information, indicates a violation or potential violation of law, 
whether criminal, civil, or regulatory in nature.
    C. To any component of the Department of Justice for the purpose of 
representing the DoD, or its components, officers, employees, or 
members in pending or potential litigation to which the record is 
pertinent.
    D. In an appropriate proceeding before a court, grand jury, or 
administrative or adjudicative body or official, when the DoD or other 
Agency representing the DoD determines that the records are relevant 
and necessary to the proceeding; or in an appropriate proceeding before 
an administrative or adjudicative body when the adjudicator determines 
the records to be relevant to the proceeding.
    E. To the National Archives and Records Administration for the 
purpose of records management inspections conducted under the authority 
of 44 U.S.C. 2904 and 2906.
    F. To a Member of Congress or staff acting upon the Member's behalf 
when the Member or staff requests the information on behalf of, and at 
the request of, the individual who is the subject of the record.
    G. To appropriate agencies, entities, and persons when the DoD 
suspects or confirms a breach of the system of records; the DoD 
determines as a result of the suspected or confirmed breach there is a 
risk of harm to individuals, the DoD (including its information 
systems, programs, and operations), the Federal Government, or national 
security; and the disclosure made to such agencies, entities, and 
persons is reasonably necessary to assist in connection with the DoD's 
efforts to respond to the suspected or confirmed breach or to prevent, 
minimize, or remedy such harm.
    H. To another Federal agency or Federal entity, when the DoD 
determines that information from this system of records is reasonably 
necessary to assist the recipient agency or entity in responding to a 
suspected or confirmed breach or preventing, minimizing, or remedying 
the risk of harm to individuals, the recipient agency or entity 
(including its information systems, programs and operations), the 
Federal Government, or national security, resulting from a suspected or 
confirmed breach.
    I. To another Federal, State or local agency for the purpose of 
comparing to the agency's system of records or to non-Federal records, 
in coordination with an Office of Inspector General in conducting an 
audit, investigation, inspection, evaluation, or some other review as 
authorized by the Inspector General Act.
    J. To such recipients and under such circumstances and procedures 
as are mandated by federal statute or treaty.
    K. To DoD security personnel to assist in the verification of 
security clearances of commission members and panel members that are 
necessary to perform their required duties for the military commission 
hearings and trials.

POLICIES AND PRACTICES FOR STORAGE OF RECORDS:
    Electronic and paper. Electronic records may be stored locally on 
digital media; in agency-owned cloud environments; or in vendor Cloud 
Service Offerings certified under the Federal Risk and Authorization 
Management Program (FedRAMP).

POLICIES AND PRACTICES FOR RETRIEVAL OF RECORDS:
    Retrieved by name and SSN.

POLICIES AND PROCEDURES FOR RETENTION AND DISPOSAL OF RECORDS:
    Disposition pending (treat records as permanent until the National 
Archives and Records Administration has approved the retention and 
disposal schedule).

ADMINISTRATIVE, PHYSICAL, AND TECHNICAL SAFEGUARDS:
    Paper records are maintained in a controlled facility with locks, 
security guards, and key cards. Access to records is limited to 
authorized persons who are responsible for servicing the records in

[[Page 57417]]

the performance of their official duties and who are properly screened 
and cleared. Electronic records maintained in Adobe PDF and are 
password protected and accessible through the use of common access 
cards of users with an authorized account. Additional safeguards 
include: Multifactor log-in authentication including Common Access Card 
(CAC) authentication and password; network encryption to protect data 
transmitted over the network and mandatory information assurance and 
privacy training for individuals who will have access.

RECORD ACCESS PROCEDURES:
    Individuals seeking access to information about themselves 
contained in this system of records should address written inquiries to 
the Office of the Secretary of Defense/Joint Staff Freedom of 
Information Act Requester Service Center, 1155 Defense Pentagon, 
Washington, DC 20701-1155. Signed, written requests should include the 
individual's full name, current address and telephone number, street 
address, email address, case name, as well as the name and number of 
this system of records notice. In addition, the requester must provide 
a notarized statement or an unsworn declaration made in accordance with 
28 U.S.C. 1746, in the following format:
    If executed outside the United States: ``I declare (or certify, 
verify, or state) under penalty of perjury under the laws of the United 
States of America that the foregoing is true and correct. Executed on 
(date). (Signature).''
    If executed within the United States, its territories, possessions, 
or commonwealths: ``I declare (or certify, verify, or state) under 
penalty of perjury that the foregoing is true and correct. Executed on 
(date). (Signature).''

CONTESTING RECORD PROCEDURES:
    The DoD rules for accessing records, contesting contents and 
appealing initial agency determinations are published in 32 CFR part 
310, or may be obtained from the system manager.

NOTIFICATION PROCEDURES:
    Individuals seeking to determine if information about themselves is 
contained in this system of records should follow the instructions for 
Record Access Procedures above.

EXEMPTIONS PROMULGATED FOR THE SYSTEM:
    None.

HISTORY:
    N/A.
[FR Doc. 2021-22530 Filed 10-14-21; 8:45 am]
BILLING CODE 5001-06-P