Privacy Act of 1974; Department of Homeland Security/United States Coast Guard-008 United States Coast Guard Courts Martial Case Files System of Records, 64815-64818 [2014-25908]

Agencies

• DEPARTMENT OF HOMELAND SECURITY
• Office of the Secretary

[Federal Register Volume 79, Number 211 (Friday, October 31, 2014)]
[Notices]
[Pages 64815-64818]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2014-25908]


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DEPARTMENT OF HOMELAND SECURITY

Office of the Secretary

[Docket No. DHS-2014-0052]


Privacy Act of 1974; Department of Homeland Security/United 
States Coast Guard--008 United States Coast Guard Courts Martial Case 
Files System of Records

AGENCY: Department of Homeland Security, Privacy Office.

ACTION: Notice of Privacy Act System of Records.

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SUMMARY: In accordance with the Privacy Act of 1974, the Department of 
Homeland Security proposes to update and reissue a current Department 
of Homeland Security (DHS) system of records titled, ``Department of 
Homeland Security/United States Coast Guard United States Coast Guard 
Courts Martial Case Files System of Records.'' This system of records 
allows the Department of Homeland Security/United States Coast Guard 
(USCG) to collect and maintain records regarding military justice 
administration and documentation of DHS/USCG court martial. As a result 
of the biennial review of this system, United States Coast Guard is 
updating this system of records notice to include: (1) A new routine 
use; (2) an updated routine use; (3) updated storage; and (4) updated 
system manager and address category. Additionally, this notice includes 
non-substantive changes to simplify the formatting and text of the 
previously published notice. This updated system will be included in 
the Department of Homeland Security's inventory of record systems. The 
Privacy Act exemptions for this system remain unchanged.

DATES: Submit comments on or before December 1, 2014. This updated 
system will be effective December 1, 2014.

ADDRESSES: You may submit comments, identified by docket number DHS-
2014-0052 by one of the following methods:
     Federal e-Rulemaking Portal: https://www.regulations.gov. 
Follow the instructions for submitting comments.
     Fax: 202-343-4010.
     Mail: Karen L. Neuman, 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 to https://www.regulations.gov, including any 
personal information provided.
    Docket: For access to the docket to read background documents or 
comments received, please visit https://www.regulations.gov.

FOR FURTHER INFORMATION CONTACT: For general questions, please contact: 
Marilyn Scott-Perez (202) 475-3515, Privacy Officer, Commandant (CG-
61), United States Coast Guard, Mail Stop 7710, Washington, DC 20593. 
For privacy questions, please contact: Karen L. Neuman, (202) 343-1717, 
Chief Privacy Officer, Privacy Office, Department of Homeland Security, 
Washington, DC 20528.

SUPPLEMENTARY INFORMATION: 

I. Background

    In accordance with the Privacy Act of 1974, 5 U.S.C. 552a, the 
Department of Homeland Security (DHS) United States Coast Guard (USCG) 
proposes to update and reissue a current DHS system of records titled, 
``DHS/USCG-008 United States Coast Guard Courts Martial Case File 
System of Records.'' The DHS/USCG-008 United States Coast Guard Courts 
Martial Case Files System of Records will allow the Department of 
Homeland Security/United States Coast Guard to collect and maintain 
records regarding military justice administration and documentation of 
DHS/USCG

[[Page 64816]]

courts martial. As a result of a biennial review of the system, this 
notice includes the following updates: (1) A new routine use that 
permits DHS to share information with the news media and the public in 
certain situations; (2) routine use C has been updated to note that 
records will be provided to General Services Administration; (3) 
storage has been updated to remove CD-ROM as a storage method; and (4) 
system manager and address has been updated to reflect a new system 
manager and mail stop. Additionally, this notice includes non-
substantive changes to simplify the formatting and text of the 
previously published notice.
    Consistent with DHS's information-sharing mission, information 
stored in the DHS/USCG-008 United States Coast Guard Courts Martial 
Case Files System of Records may be shared with other DHS components 
that have a need to know the information to carry out their national 
security, law enforcement, immigration, intelligence, or other homeland 
security functions. In addition, information may be shared with 
appropriate federal, state, local, tribal, territorial, foreign, or 
international government agencies consistent with the routine uses set 
forth in this system of records notice. This updated system will be 
included in DHS's inventory of record systems.

II. Privacy Act

    The Privacy Act embodies fair information practice principles in a 
statutory framework governing the means by which federal government 
agencies collect, maintain, use, and disseminate 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 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 to encompass U.S. citizens and lawful 
permanent residents. As a matter of policy, DHS extends administrative 
Privacy Act protections to all individuals when systems of records 
maintain information on U.S. citizens, lawful permanent residents, and 
visitors.
    Below is the description of the DHS/USCG-008 United States Coast 
Guard Courts Martial Case 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 and to 
Congress.
System of Records
    Department of Homeland Security (DHS)/USCG-008

System name:
    DHS/USCG-008 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. Case Matter 
Management Tracking System (CMMT) is the information technology (IT) 
system in which records associated with this function are maintained.

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, courts 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;
     Email 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:
    Departmental Regulations 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; 
Executive Order 11835; DHS Delegation 0170.1.

Purpose(s):
    The purpose of this system is to document courts martial case files 
relating to all USCG active duty, reserve, and retired active duty and 
retired reserve military personnel and other individuals who are tried 
by, or involved with, courts 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 (FOIA). 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 or 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 (DOJ), including Offices of the 
U.S. Attorneys, other federal agencies conducting litigation, or in 
proceedings before any court, adjudicative, or administrative body, 
when it is relevant or 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 or former employee of DHS in his/her official 
capacity;
    3. Any employee or former employee of DHS in his/her individual 
capacity when DOJ or DHS has agreed to represent the employee; or
    4. The U.S. or any agency thereof.
    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 (NARA) or 
General Services Administration pursuant to records management 
inspections being conducted under the authority of 44 U.S.C. 2904 and 
2906.
    D. To an agency or organization 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. DHS has determined that as a result of the suspected or 
confirmed compromise, there is a risk of identity theft or fraud, harm 
to economic or property interests, harm to an individual, or harm to 
the security or integrity of this system or other systems or programs 
(whether maintained by DHS or another agency or entity) that rely upon 
the compromised information; and
    3. The disclosure made to such agencies, entities, and persons is 
reasonably necessary to assist in

[[Page 64817]]

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, when 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 a 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).
    M. To the news media and the public, with the approval of the Chief 
Privacy Officer in consultation with counsel, when there exists a 
legitimate public interest in the disclosure of the information or when 
disclosure is necessary to preserve confidence in the integrity of DHS 
or is necessary to demonstrate the accountability of DHS's officers, 
employees, or individuals covered by the system, except to the extent 
it is determined that release of the specific information in the 
context of a particular case would constitute an unwarranted invasion 
of personal privacy.

Disclosure to consumer reporting agencies:
    None.

Policies and practices for storing, retrieving, accessing, retaining, 
and disposing of records in the system:
Storage:
    USCG stores records in this system electronically or on paper in 
secure facilities in a locked drawer behind a locked door. The records 
may be stored on magnetic disc, tape, or digital media.

Retrievability:
    USCG retrieves records alphabetically by the name of the 
individual.

Safeguards:
    USCG safeguards records in this system in accordance with 
applicable rules and policies, including all applicable DHS automated 
systems security and access policies. DHS imposes strict controls 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 Federal 
Records Center (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)).

System Manager and address:
    Commandant (CG-0946), United States Coast Guard, Mail Stop 7213, 
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 the Commandant (CG-611), United 
States Coast Guard, Mail Stop 7710, Washington, DC 20593. If an 
individual believes more than one component maintains Privacy Act 
records concerning him or her, the individual may submit the request to 
the Chief Privacy Officer and Chief Freedom of Information Act Officer, 
Department of Homeland Security, 245 Murray Drive SW., Building 410, 
STOP-0655, Washington, DC 20528.
    When seeking records about yourself from this system of records or 
any other Departmental 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 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 Chief Privacy 
Officer and Chief Freedom of Information Act Officer, https://www.dhs.gov/foia or 1-866-431-0486. In addition, you should:
     Explain why you believe the Department would have 
information on you;
     Identify which component(s) of the Department you believe 
may have the information about you;
     Specify when you believe the records would have been 
created; and
     Provide any other information that will help the FOIA 
staff determine which DHS component agency may have responsive records; 
and
    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 the above information, the component(s) 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.

[[Page 64818]]

Record access procedures:
    See ``Notification procedure'' above.

Contesting record procedures:
    See ``Notification procedure'' above.

Record source categories:
    Records are obtained from 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 17, 2014.
Karen L. Neuman,
Chief Privacy Officer, Department of Homeland Security.
[FR Doc. 2014-25908 Filed 10-30-14; 8:45 am]
BILLING CODE 9110-04-P