[Federal Register Volume 87, Number 8 (Wednesday, January 12, 2022)]
[Notices]
[Pages 1730-1732]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2022-00470]


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DEPARTMENT OF DEFENSE

[Docket ID DoD-2022-OS-0003]


Privacy Act of 1974; System of Records

AGENCY: 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 adding 
a new system of records, titled ``Office of Military Commissions (OMC) 
Victim and Witness Assistance Program Records,'' DGC 22. The system 
will be used to maintain the necessary information for victims, victim 
family members (VFMs), and witnesses to travel to Guantanamo Bay, Cuba 
(GTMO). The information will also be used to obtain clearance for 
victims and VFMs to travel to military installations for the purpose of 
viewing Closed Circuit Television of the GTMO trials.

DATES: This new system of records is effective upon publication; 
however, comments on the Routine Uses will be accepted on or before 
February 11, 2022. 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.

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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 Office of Military Commissions (OMC) Victim and Witness 
Assistance Program Records, DGC 22, system of records provides OMC the 
necessary means to process and track the clearances and travel of 
victims, VFMs and witnesses as required by the Regulation for Trial by 
Military Commission (2011 Edition). It is also the means established by 
the Deputy Secretary of Defense Memorandum dated October 17, 2008, 
which authorizes VFM travel to GTMO.
    The DoD notices for systems of records subject to the Privacy Act 
of 1974, as amended, have been published in the Federal Register and 
are available from the address in FOR FURTHER INFORMATION CONTACT or at 
the Privacy, Civil Liberties, and FOIA Division (PCLFD) 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 DoD has provided a report of this 
system of records to OMB and to Congress.

    Dated: January 7, 2022.
Aaron T. Siegel,
Alternate OSD Federal Register Liaison Officer, Department of Defense.

SYSTEM NAME AND NUMBER:
    Office of Military Commissions (OMC) Victim and Witness Assistance 
Program Records, DGC 22.

SECURITY CLASSIFICATION:
    Unclassified

SYSTEM LOCATION:
    Office of Military Commissions, 1600 Defense Pentagon, Washington, 
DC 20301-1600.

SYSTEM MANAGER(S):
    Director, Victim and Witness Assistance Program, Office of the 
Chief Prosecutor, Office of Military Commissions, 1610 Defense 
Pentagon, Washington, DC 20301-1610.

AUTHORITY FOR MAINTENANCE OF THE SYSTEM:
    42 U.S.C. 10607, Victims' Rights and Restitution Act (VRRA); 18 
U.S.C. 3771, Crime Victims' Rights Act (CVRA); DoD Directive 1030.01, 
Victim and Witness Assistance; DoD Instruction 1030.2, Victim and 
Witness Assistance Procedures; and E.O. 9397 (SSN), as amended.

PURPOSE(S) OF THE SYSTEM:
    A. Allow the Office of Military Commissions to communicate directly 
with the victims, victim family members (VFMs), and witnesses to obtain 
the credentials which enable them to attend portions of the trials in 
Guantanamo Bay, Cuba (GTMO). All of these individuals travel on 
military aircraft.
    B. Facilitate obtaining victim impact information for use by the 
trial authorities.
    C. Allow access to military installations by victims and VFMs for 
the purpose of viewing the GTMO proceedings while remaining in the 
United States, as authorized by the President of the United States.

CATEGORIES OF INDIVIDUALS COVERED BY THE SYSTEM:
    A. All individuals who have suffered direct harm or loss as the 
result of an offense as defined in the 10 U.S.C. Chapter 47A (the 
Military Commissions Act of 2009), and for which an individual subject 
to trial by a military commission has been charged. Individuals 
include, but are not limited to, victim families of the September 11, 
2001 attack on the United States and the October 12, 2000 attack on the 
USS Cole.
    B. Case in chief witnesses and sentencing witnesses, and 
prosecution and defense witnesses of any case referred to this military 
commission.

CATEGORIES OF RECORDS IN THE SYSTEM:
    Information collected includes full name, Social Security Number 
(SSN), alien registration number, immigration certification number and 
petition number, mailing address, home telephone number(s) and email 
address(s), citizenship, passport information, driver's license number, 
gender, race/ethnicity, date of birth, place of birth, weight, height, 
hair color, eye color, security clearance information, name of the 
deceased or injured, relationship to the victim, case name, requests to 
view closed circuit television broadcasts of hearings, travel-related 
information (emergency point of contact information, physician's 
information), military status and grade, whether or not the person has 
been convicted of a felony, and statements for the court from family 
members on how their loss affected them.

RECORD SOURCE CATEGORIES:
    The individuals: Victims, family members, and witnesses.

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 of 1974, as amended, the records 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. Specifically, to the Department of Justice, Director for 
Victims of Overseas Terrorism for the purpose of facilitating victim 
assistance. Department of Justice victim specialists will be detailed 
as necessary to assist the Department of Defense, Office of Military 
Commissions Victim Witness Liaison to run the victim assistance 
program.
    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.

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    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 (1) the DoD 
suspects or confirms a breach of the system of records; (2) 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 (3) 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 (1) responding to 
a suspected or confirmed breach or (2) 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 the Victim Liaison for a U.S. Federal District Court for the 
purpose of facilitating communications about the proceedings, in the 
event a military commissions case is transferred to such court.

POLICIES AND PRACTICES FOR STORAGE OF RECORDS:
    Paper records and electronic storage media.

POLICIES AND PRACTICES FOR RETRIEVAL OF RECORDS:
    Individual's name, email address, and name of the deceased or 
injured persons.

POLICIES AND PRACTICES FOR RETENTION AND DISPOSAL OF RECORDS:
    Disposition pending (Treat system records as permanent until the 
National Archives and Records Administration approves the proposed 
retention and disposal schedule).

ADMINISTRATIVE, TECHNICAL AND PHYSICAL SAFEGUARDS:
    The records are maintained in a controlled facility. Access to the 
records is limited to person(s) responsible for servicing the record in 
performance of their official duties and who are properly screened and 
cleared for need-to-know. Physical entry is restricted by the use of 
combination and cipher locks, guards, and is accessible only to 
authorized personnel. Paper records are stored in locked file cabinets. 
Access to the Victim and Witness Assistance Program (VWAP) SharePoint 
site is restricted by Common Access Card (CAC) and PIN.

RECORD ACCESS PROCEDURES:
    Individuals seeking access to records about themselves contained in 
this system of records should address written inquiries to Office of 
the Secretary of Defense/Joint Staff Freedom of Information Act 
Requester Service Center, Office of Freedom of Information, 1155 
Defense Pentagon, Washington, DC 20301-1155. Signed, written requests 
should include the individual's full name the name of the deceased or 
injured, and 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 Component determinations are contained in 32 CFR part 
310, or may be obtained from the system manager.

NOTIFICATION PROCEDURES:
    Individuals seeking to determine whether 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:
    None.

[FR Doc. 2022-00470 Filed 1-11-22; 8:45 am]
BILLING CODE 5001-06-P