Notice2024-29640
Privacy Act of 1974; System of Records
Primary source
Metadata and text below are from the Federal Register, a public-domain U.S. government work. Always verify the official published version before relying on it for any legal matter.
Published
December 23, 2024
Issuing agencies
Defense Department
Abstract
In accordance with the Privacy Act of 1974, the DoD is establishing a new Department-wide system of records titled, "Military Corrections and Parole Board Records" DoD-0023. This system of records describes DoD's collection, use, and maintenance of records covering military Service members confined in a correctional facility for violation of the Uniform Code of Military Justice. Additionally, DoD is issuing a notice of proposed rulemaking, which proposes to exempt this system of records from certain provisions of the Privacy Act, elsewhere in this issue of the Federal Register.
Full Text
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<title>Federal Register, Volume 89 Issue 246 (Monday, December 23, 2024)</title>
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[Federal Register Volume 89, Number 246 (Monday, December 23, 2024)]
[Notices]
[Pages 104519-104523]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2024-29640]
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DEPARTMENT OF DEFENSE
Office of the Secretary
[Docket ID: DoD-2024-OS-0136]
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
establishing a new Department-wide system of records titled, ``Military
Corrections and Parole Board Records'' DoD-0023. This system of records
describes DoD's collection, use, and maintenance of records covering
military Service members confined in a correctional facility for
violation of the Uniform Code of Military Justice. Additionally, DoD is
issuing a notice of proposed rulemaking, which proposes to exempt this
system of records from certain provisions of the Privacy Act, elsewhere
in this issue of the Federal Register.
DATES: This system of records is effective upon publication; however,
comments on the Routine Uses will be accepted on or before January 22,
2025. 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: <a href="https://www.regulations.gov">https://www.regulations.gov</a>. Follow
the instructions for submitting comments.
* Mail: Department of Defense, Office of the Assistant to the
Secretary of Defense for Privacy, Civil Liberties, and Transparency,
Regulatory Directorate, 4800 Mark Center Drive, Attn: Mailbox 24, Suite
05F16, Alexandria, VA 22350-1700.
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.
FOR FURTHER INFORMATION CONTACT: Ms. Rahwa Keleta, Privacy and Civil
Liberties Directorate, Office of the Assistant to the Secretary of
Defense for Privacy, Civil Liberties, and Transparency, Department of
Defense, 4800 Mark Center Drive, Mailbox #24, Suite 05F16, Alexandria,
VA 22350-1700; <a href="/cdn-cgi/l/email-protection#0e415d4a204a5e4d425a4a4e636f676220636762"><span class="__cf_email__" data-cfemail="8bc4d8cfa5cfdbc8c7dfcfcbe6eae2e7a5e6e2e7">[email protected]</span></a>; (703) 571-0070.
SUPPLEMENTARY INFORMATION:
I. Background
DoD is establishing the ``Military Corrections and Parole Board
Records,'' DoD-0023, as a DoD-wide Privacy Act system of records. A
DoD-wide system of records notice (SORN) supports multiple DoD paper or
electronic recordkeeping systems operated by more than one DoD
component that maintain the same kind of information about individuals
for the same purpose. The establishment of DoD-wide SORNs helps DoD
standardize the rules governing the collection, maintenance, use, and
sharing of personal information in key areas across the enterprise.
DoD-wide SORNs also reduce duplicative and overlapping SORNs published
by separate DoD components. The creation of DoD-wide SORNs is expected
to make locating relevant SORNs easier for DoD personnel and the public
and create efficiencies in the operation of the DoD privacy program.
This system of records describes DoD's collection, use, and
maintenance of records covering military Service
[[Page 104520]]
members confined for violation of the Uniform Code of Military Justice.
These records include information on prisoner's confinement, health
assessment, and disciplinary actions while in confinement, observations
by confinement staff and United States probation officers, and
confinement utilization assessments such as basis for correctional
treatment and education programs. The records also include information
used for clemency and parole decisions conducted by the military
Departments' Clemency and Parole Boards. The DoD is also issuing a
Notice of Proposed Rulemaking to exempt this system of records from
certain provisions of the Privacy Act elsewhere in today's issue of the
Federal Register.
DoD SORNs have been published in the Federal Register and are
available from the address in FOR FURTHER INFORMATION CONTACT or at the
Privacy and Civil Liberties Directorate 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, DoD has provided a report of this
system of records to the OMB and to Congress.
Dated: December 11, 2024.
Aaron T. Siegel,
Alternate OSD Federal Register Liaison Officer, Department of Defense.
SYSTEM NAME AND NUMBER:
Military Corrections and Parole Board Records, DoD-0023.
SECURITY CLASSIFICATION:
Classified, Unclassified.
SYSTEM LOCATION:
Department of Defense (Department or DoD), located at 1000 Defense
Pentagon, Washington, DC 20301-1000, and other Department
installations, offices, or mission locations. Information may also be
stored within a government-certified cloud, implemented, and overseen
by the Department's Chief Information Officer (CIO), 6000 Defense
Pentagon, Washington, DC 20301-6000.
SYSTEM MANAGER(S):
The system managers are as follows:
A. Office of Legal Policy, Office of the Under Secretary of Defense
for Personnel and Readiness, (OUSD(P&R), 4000 Defense Pentagon,
Washington, DC 20301-4000.
B. Director, Air Force Confinement and Corrections, Department of
the Air Force, 1517 Billy Mitchell Boulevard, Lackland, TX 78236-0119.
C. Office of the Provost Marshal General, Department of the Army,
2800 Army Pentagon, Washington, DC 20310-2800; Army Corrections
Command, 150 Army Pentagon, Washington, DC 20310-0150.
D. Commander, Navy Personnel Command (PERS-00D), Department of the
Navy, 5720 Integrity Drive, Millington, TN 38054.
E. Commandant of the Marine Corps (DC I&L, MCICOM G-3/5),
Headquarters, U.S. Marine Corps, 3000 Marine Corps Pentagon, Room
2E169, Washington, DC 20350-3000.
F. The Privacy Act responsibilities concerning access, amendment,
and disclosure of the records within this system of records have been
delegated to the DoD components. DoD components include the Military
Departments of the Army, Air Force (including the U.S. Space Force),
and Navy (including the U.S. Marine Corps), field operating agencies,
major commands, field commands, installations, and activities. To
obtain information on the system managers at the Military Departments,
Combatant Commands, Defense Agencies, Field Activities, or other DoD
components with oversight of the records, please visit <a href="http://www.FOIA.gov">www.FOIA.gov</a> to
contact the component's Freedom of Information Act (FOIA) office.
AUTHORITY FOR MAINTENANCE OF THE SYSTEM:
10 U.S.C. Chapter 47 sections 801--946a, Uniform Code of Military
Justice (UCMJ); 10 U.S.C. Chapter 48 Military Correctional Facilities;
10 U.S.C. 113, Secretary of Defense; 10 U.S.C. 136, Under Secretary of
Defense for Personnel and Readiness; 10 U.S.C. 7013, Secretary of the
Army; 10 U.S.C. 8013, Secretary of the Navy; 10 U.S.C. 9013, Secretary
of the Air Force; 10 U.S.C. 874, Remission and Suspension; 18 U.S.C.
3062, General Arrest Authority for Violation of Release Conditions; 18
U.S.C. 3563, Conditions of Probation; 18 U.S.C. 3603, Duties of
Probation Officers; 34 U.S.C. 20101, Crime Victims Fund; 34 U.S.C.
20141, Services To Victims; and E.O. 9397 (SSN), as amended.
PURPOSE(S) OF THE SYSTEM:
A. To document the discipline and confinement of military offenders
based on sentence length, geographical location, and treatment
programs; and to monitor offenders' movement from military correctional
facilities, to other Federal, and State facilities.
B. To document military offenders' participation in educational,
vocational, and rehabilitative training and work programs.
C. To track the movement of military prisoners, including those
transferred to the Federal Bureau of Prison custody, under terms and
conditions consistent with the needs of society, the rights and
interests of victims, and the rehabilitation of the prisoner.
D. To support uniformity, effectiveness, and efficiency in military
correctional programs, including clemency and supervised release
programs, and military correctional facilities (MCF) operations.
E. To document requests and authorizations for supplies and
communications with staff.
F. To assess confinement utilization factors such as basis for
correctional treatment, population turnover, or relapse into crime, to
enable audit and oversight of records collected.
G. To provide relevant information required for clemency and parole
decisions that the Service Clemency and Parole Board makes on behalf of
the Secretaries of the Military Department.
H. To provide appropriate notification to victims in accordance
with Federal victim protection laws.
CATEGORIES OF INDIVIDUALS COVERED BY THE SYSTEM:
Any military Service members confined at a military correctional
facility, Federal Bureau Of Prison (FBOP), or approved civilian jails
as a result of courts-martial or pending trial by courts-martial and
under DoD control; military Service members and former Service members
under community supervision once released from a DoD correctional
facility and/or transferred to the FBOP; military Service members or
former Service members whose cases have been or are being considered by
a Clemency and Parole Board; and visitors to such facilities, victim/
witnesses, and informants.
CATEGORIES OF RECORDS IN THE SYSTEM:
Records containing information related to the administration of
individual prisoners in DoD confinement and correctional custody
facilities such as:
A. Personal Information to include name and aliases; DoD ID number;
Social Security Number (SSN); prisoner registration number; date of
birth;
[[Page 104521]]
physical, mailing, and email addresses; phone numbers; place of birth;
citizenship/immigration status; race/ethnicity; medical information/
medical records; biometric data; fingerprints; driver's license number;
vehicle registration information; marital status; gender/gender
identification; biographical data; property information.
B. Employment Information such as: Position/title, rank/grade, duty
station; work address, email address, supervisor's name and contact
information; military records, personnel records, financial
information, education, and training records.
C. Legal Information such as: trial transcripts, records of trial,
charge sheets, exhibits (e.g. documents and recordings attached to
records of trial), evidentiary data in any form (including papers,
photographs, electronic recordings, electronic data, or video records
that were obtained, seized, or otherwise lawfully acquired from any
source,) pleadings, sentencing reports, court motions, correspondence,
filings, and supporting documents; forms, evidentiary data, supporting
documents, investigatory data associated with non-judicial punishment
under Article 15 of the UCMJ and adverse actions or administrative
actions; victim and witness statements; notifications, recordings, and
elections of victim rights and investigative data (including
investigative findings and reports); criminal history; parole and
release information; information received from other governmental
agencies, confidential sources and other sources pertaining to an
investigation, as well as investigatory referrals from other agencies,
tips, and leads pertaining to potential criminal activities.
D. Other information such as: Visitors logs, to include contact
info, phone number, and affiliation, custody classification, progress
reports, co-conspirator affiliation, disciplinary and observation
records.
RECORD SOURCE CATEGORIES:
The DoD may receive information during the law enforcement
activities described in this system of records from a wide range of
sources. Sources of information include: individual, courts and
tribunals, domestic and foreign governmental and quasi-governmental
agencies and data systems, public records and other publicly available
sources, subjects of investigation, victims, witnesses, confidential
sources, attorneys and other legal personnel, DoD employees
participating in disciplinary functions, investigators, law enforcement
entities and other individuals or organizations that may provide
pertinent information about the prisoner.
ROUTINE USES OF RECORDS MAINTAINED IN THE SYSTEM, INCLUDING CATEGORIES
OF USERS AND 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, 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 (DOJ) 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 (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 other review as
authorized by the Inspector General Act of 1978, as amended.
J. To such recipients and under such circumstances and procedures
as are mandated by Federal statute or treaty.
K. To a Federal, state, local, tribal, foreign, or international
agency, where such agency has requested information relevant or
necessary for the hiring or retention of an individual, or the issuance
of a security clearance, license, contract, grant, or other benefit, or
if necessary to obtain information relevant to a DoD decision
concerning the hiring or retention of an individual, the issuance of a
security clearance, license, contract, grant, or other benefit.
L. To a public or professional licensing authority, organization,
board, agency, or society (to include a medical or legal professional
society, organization, or licensing authority), if such information is
needed to perform functions related to licensing or professional
standards monitoring or compliance, or when the information indicates,
either by itself or in combination with other information, a violation
or potential violation of
professional standards, or reflects on the moral, educational, or
professional qualifications of an individual who is licensed or who is
seeking to become licensed.
M. To the DOJ and other Federal, State, or local government
prosecuting or litigating agencies, for the purpose of satisfying
obligations under Giglio (405 U.S. 150 (1972)) and Henthorn (931 F.2d
29 (9th Cir. 1991)), as well as the DOJ United States Attorneys'
Manual,
[[Page 104522]]
Section 9-5.100 and DoD IG Instruction 5500.1, DOJ Requirements for
Potential Impeachment Information (Giglio Policy), or DoD OIG initiated
notifications of similar information.
N. To foreign or international law enforcement, security, or
investigatory authorities to comply with requirements imposed by, or to
claim rights conferred in, international agreements and arrangements,
including those regulating the stationing and status in foreign
countries of DoD military and civilian personnel.
O. To the Department of State when it requires information to
consider and/or provide an informed response to a request for
information from a foreign, international, or intergovernmental agency,
authority, or organization about a pending legal action or prosecution
with transnational implications.
P. To unions recognized as exclusive bargaining representatives
under the Civil Service Reform Act of 1978, 5 U.S.C. 7111 and 7114, the
Merit Systems Protection Board, arbitrators, the Federal Labor
Relations Authority, and other parties responsible for the
administration of the Federal labor-management program for the purpose
of processing any corrective actions, or grievances, or conducting
administrative hearings or appeals.
Q. To the Merit Systems Protection Board and the Office of the
Special Counsel for the purpose of litigation, including administrative
proceedings, appeals, special studies of the civil service and other
merit systems; review of Office of Personnel Management (OPM) or
component rules and regulations; investigation of alleged or possible
prohibited personnel practices, including administrative proceedings
involving any individual subject of a DoD investigation.
R. To state and local taxing authorities with which the Secretary
of the Treasury has entered into agreements under 5 U.S.C. 5516, 5517,
or 5520 and only to those state and local taxing authorities for which
an employee or Service member is or was subject to tax, regardless of
whether tax is or was withheld. The information to be disclosed is
information normally contained in Internal Revenue Service (IRS) Form
W-27.
S. To the Office of Personnel Management for the purpose of
addressing civilian pay and leave, benefits, retirement deduction, and
any other information necessary for the OPM to carry out its legally
authorized government-wide personnel management functions and studies.
T. To the general public to provide access to docket information,
filings, and records in compliance with Article 140a, UCMJ or other
Federal statutes, and corresponding DoD or Service implementing
guidance, regulations, or policies.
U. To confinement/correctional system agencies for use in the
administration of correctional programs to include custody
classification; employment, training, and educational assignments;
treatment programs; clemency, restoration to duty, and parole actions;
verifications concerning military offenders or military criminal
records, employment records and social histories.
V. To the U.S. Department of Veterans Affairs (VA) to assist the
Department in determining the individual's entitlement to benefits
administered by the VA.
W. To other Federal, State, tribal, and local government law
enforcement and regulatory agencies and foreign governments,
individuals, and organizations during the course of an investigation or
the processing of a matter, or during a proceeding within the purview
of the local, state, federal or host-country specific laws, to elicit
information required by the Department to carry out its functions and
statutory mandates.
X. To state and local authorities for purposes of providing (1)
notification that individuals, who have been convicted of a specified
sex offense or an offense against a victim who is a minor, will be
residing in the state upon release from military confinement and (2)
information about the individual for inclusion in a state-operated sex
offender registry.
Y. To victims and witnesses of a crime for the purpose of notifying
them of date of parole or clemency hearing and other release-related
activities.
Z. To the Department of Homeland Security, including U.S.
Immigration and Customs Enforcement, to review records for possible
deportation of a foreign national prisoner.
POLICIES AND PRACTICES FOR STORAGE OF RECORDS:
Records may be stored electronically or on paper in secure
facilities in a locked drawer behind a locked door. 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:
Records may be retrieved by individual's name, SSN, DoD ID number,
or prisoner registration number.
POLICIES AND PRACTICES FOR RETENTION AND DISPOSAL OF RECORDS:
Records are maintained and disposed in accordance with National
Archives and Records Administration Schedules. The Military Departments
retain records in accordance with their individual Records and
Information Management retention schedules. The retention period may be
obtained by contacting the system manager for the Military Department.
ADMINISTRATIVE, TECHNICAL, AND PHYSICAL SAFEGUARDS:
DoD safeguards records in this system of records according to
applicable rules, policies, and procedures, including all applicable
DoD automated systems security and access policies. DoD policies
require the use of controls to minimize the risk of compromise of
personally identifiable information (PII) in paper and electronic form
and to enforce access by those with a need to know and with appropriate
clearances. Additionally, DoD has established security audit and
accountability policies and procedures which support the safeguarding
of PII and detection of potential PII incidents. DoD routinely employs
safeguards such as the following to information systems and paper
recordkeeping systems: Multifactor log-in authentication including
Common Access Card (CAC) authentication and password; physical token as
required; physical and technological access controls governing access
to data; network encryption to protect data transmitted over the
network; disk encryption securing disks storing data; key management
services to safeguard encryption keys; masking of sensitive data as
practicable; mandatory information assurance and privacy training for
individuals who will have access; identification, marking, and
safeguarding of PII; physical access safeguards including multifactor
identification physical access controls, detection and electronic alert
systems for access to servers and other network infrastructure; and
electronic intrusion detection systems in DoD facilities.
RECORD ACCESS PROCEDURES:
Individuals seeking access to their records should follow the
procedures in 32 CFR part 310. Individuals should address written
inquiries to the DoD component with oversight of the records, as the
component has Privacy Act responsibilities concerning access,
amendment, and disclosure of the
[[Page 104523]]
records within this system of records. The public may identify the
contact information for the appropriate DoD office through the
following website: <a href="http://www.FOIA.gov">www.FOIA.gov</a>. Signed written requests should contain
the name and number of this system of records notice along with the
full name, current address, email address of the individual, SSN and/or
DoDI-ID number, dates of confinement, date of birth, and any details
which may assist in locating the records. In addition, the requester
must provide either a notarized statement or an unsworn declaration
made in accordance with 28 U.S.C. 1746, in the appropriate 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:
Individuals seeking to amend or correct the content of records
about them should follow the procedures in 32 CFR part 310.
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:
The DoD has exempted records maintained in this system from 5
U.S.C. 552a(c)(3) and (4), (d)(1), (2), (3), and (4); (e)(1), (2) (3),
(4)(G)-(I), (5), and (8); (f) and (g) of the Privacy Act, pursuant to 5
U.S.C. 552a(k)(1), (k)(2) and (j)(2), as applicable. An exemption rule
for this system has been promulgated in accordance with the
requirements of 5 U.S.C. 553(b)(1), (2), and (3), and (c), and
published in 32 CFR part 310. In addition, when exempt records received
from other systems of records become part of this system, the DoD also
claims the same exemptions for those records that are claimed for the
prior systems of records from which they were a part and claims any
additional exemptions set forth here.
HISTORY:
None.
[FR Doc. 2024-29640 Filed 12-20-24; 8:45 am]
BILLING CODE 6001-FR-P
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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.