Notice2022-00470
Privacy Act of 1974; System of Records
Primary source
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Published
January 12, 2022
Issuing agencies
Defense Department
Abstract
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.
Full Text
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<title>Federal Register, Volume 87 Issue 8 (Wednesday, January 12, 2022)</title>
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[Federal Register Volume 87, Number 8 (Wednesday, January 12, 2022)]
[Notices]
[Pages 1730-1732]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[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:
<bullet> Federal Rulemaking Portal: <a href="https://www.regulations.gov">https://www.regulations.gov</a>.
Follow the instructions for submitting comments.
<bullet> 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 <a href="https://www.regulations.gov">https://www.regulations.gov</a> as they are received without change,
including any personal identifiers or contact information.
[[Page 1731]]
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, <a href="/cdn-cgi/l/email-protection#9bfaf7edfab5f8b5fdf4e8effee9b5f8f2eddbf6faf2f7b5f6f2f7"><span class="__cf_email__" data-cfemail="91f0fde7f0bff2bff7fee2e5f4e3bff2f8e7d1fcf0f8fdbffcf8fd">[email protected]</span></a>
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
<a href="https://dpcld.defense.gov/privacy">https://dpcld.defense.gov/privacy</a>.
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.
[[Page 1732]]
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
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</html>Indexed from Federal Register on January 12, 2022.
This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.