Privacy Act of 1974; System of Records, 104519-104523 [2024-29640]

Agencies

• DEPARTMENT OF DEFENSE
• Office of the Secretary

[Federal Register Volume 89, Number 246 (Monday, December 23, 2024)]
[Notices]
[Pages 104519-104523]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[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: https://www.regulations.gov. 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 https://www.regulations.gov 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; [email protected]; (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 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, 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 www.FOIA.gov 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: www.FOIA.gov. 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