[Federal Register Volume 59, Number 151 (Monday, August 8, 1994)]
[Unknown Section]
[Page 0]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 94-19245]
[[Page Unknown]]
[Federal Register: August 8, 1994]
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DEPARTMENT OF TRANSPORTATION
Coast Guard
Privacy Act of 1974: System of Records; Joint Maritime
Information Element (JMIE) Support System (JSS)
The Department of Transportation (DOT), on behalf of the U.S. Coast
Guard, herewith publishes a proposal to establish a system of records
to consolidate selected worldwide maritime vessel information
maintained by numerous federal agencies.
Any person or agency may submit written comments on the proposed
system to: Commandant (G-OIN), U.S. Coast Guard, 2100 Second Street,
SW., Washington, DC. 20593-0001, Attn: Mr. Richard Harding. He may be
contacted at (202) 267-6356 Room 3305. Written comments to be
considered must be received by September 6, 1994.
If no comments are received, the proposal will become effective on
the above-mentioned date. If comments are received, the comments will
be considered and where adopted, the document will be republished with
the changes.
Issued in Washington, DC, July 28, 1994.
Jon Seymour,
Assistant Secretary for Administration.
DOT/CG 642
Joint Maritime Information Element (JMIE) Support System (JSS).
U.S. Coast Guard, Operations Systems Center, Martinsburg, WV 25401
Individuals with established relationship(s) / association(s) to
maritime vessels that are included in the Joint Maritime Information
Element (JMIE) Support System (JSS). Specifically, information on ship
owners, passengers and crew will be stored in the JSS.
a. Records containing information on maritime vessels and vessel
characteristics including: Performance data, vessel identification
data, registration data, movements, reported locations, activity and
associate information (data pertaining to people or organizations
associated with vessels) for owners, passengers, and crew members.
b. Copies of reports submitted by Coast Guard crews relating to
boardings and/or overflights, as well as any violations of U.S. law,
along with enforcement actions taken during boarding. Such reports
could contain names of passengers on vessels, as well as owners and
crew members.
c. Records involving vessels and associates which are known,
suspected or alleged to be involved in contraband trafficking. Within
the JMIE Support System, contraband is meant to refer to any item that
is illegally imported/exported to/from the United States via maritime
activity.
This system has been established in order for various United States
Government agencies or military services/commands from the Law
Enforcement and Intelligence Communities, that require timely sharing
of multi-source maritime information, to perform their mission. The
consortium members empowered to perform law enforcement, the only ones
that will have access to information covered by the Privacy Act, and
their authority, are:
a. U.S. Coast Guard, 14 USC 89
b. U.S. Customs Service, 19 USC 1589a
c. Drug Enforcement Administration, 21 USC 878
d. Immigration and Naturalization Service, 8 USC 1324
a. With the single exception that the Intelligence Community will
not have access to Privacy Act data, records may be disclosed to JMIE
consortium member agencies through remote terminal access for purposes
such as maintaining suspect lists, enforcing U.S. laws dealing with
items such as counternarcotics, fisheries, and boating safety.
On behalf of the JMIE consortium, the U.S. Coast Guard serves as
the executive agent for this system. The agencies currently comprising
the JMIE consortium are as follows:
(1) U.S. Coast Guard
(2) U.S. Customs Service
(3) Maritime Administration
(4) Drug Enforcement Administration
(5) Office of Naval Intelligence
(6) Military Sealift Command
(7) Central Intelligence Agency
(8) Defense Intelligence Agency
(9) National Security Agency
(10) Department of State
(11) Department of Energy
(12) Office of National Drug Control Policy
(13) Bureau of Census
(14) Immigration and Naturalization Service
(15) U.S. National Central Bureau--INTERPOL
Consortium members gain access to the JSS data and records via remote
computer terminals operating on a secure communications network.
In addition to the data access granted to each of the JMIE
consortium members and their respective agencies or offices, JMIE data
(except for Privacy Act data or where authorized by appropriate
statute) is also available, through the same secure communications
network and remote computer terminals, to the following U.S. Government
entities:
Commander, Joint Task Force 4, Key West, FL
Commander, Joint Task Force 5, Alameda, CA
U.S. European Command
Commander-in Chief, U.S. Forces Atlantic
Navy and Marine Corps Intelligence Training Center
Joint Intelligence Center, Pacific
Authorized U.S. Government contractors involved in system development.
b. See Prefatory Statement of General Routine Uses.
Storage of all records is in an ADP data base operated and
maintained by the U.S. Coast Guard. Privacy Act data are stored and
controlled separately from other information in the data base.
Classified and non-classified information from consortium members and
other sources is merged into a classified data base.
Dynamic information on vessel location and movements is obtained
daily and stored on-line (disk resident) for a period of two (2) years.
Other information such as characteristics, identification status and
associate records is updated at prescribed intervals of three (3)
months to one year to remain current and is retained indefinitely.
Classified information, downloaded from the host and then extracted
from the PC workstations and recorded on paper (or magnetic media), may
be stored at user sites in classified storage containers or on secured
magnetic media.
Unclassified information will be stored in accordance with each
user sites' handling procedures. All records provided to a JSS
subscriber in response to a ``specific name'' query, will be kept in an
audit record and retained for a minimum of five (5) years or the life
of the system, whichever is longer.
a. Although records are retrievable by requesting a match on any of
the 500+ information items retained within the system, normal matching
will be by ``vessel name'' or ``vessel location''.
b. Specifically, information on individuals may be retrieved by
matching individual name, Social Security Number, passport number, or
the individual's relationship to the vessel (e.g., owner, shipper,
consignee, crew member, passenger, etc.). Controls have been installed
to ensure that information on individuals is not retrievable or
accessed by members of the intelligence community.
The JMIE Support System (JSS) has its own approved System Security
Plan which provides that:
a. All classified JSS equipment, records and storage devices are
located within facilities or stored in containers approved for the
storage of SECRET level information.
b. All statutory and regulatory requirements pertinent to
classified and unclassified information have been identified in the
JMIE System Security Plan and have been implemented, and
c. Access to records is limited strictly to personnel with SECRET
level clearances, who have been determined to have the appropriate
``need to know''.
The U.S. Coast Guard will operate the JMIE Support System in
consonance with Federal security regulations, policy, procedures,
standards and guidance for implementing the Automated Information
Systems Security Program. Specific operating rules to ensure compliance
with national policy are reflected in each site's Standard Operating
Procedures. These rules include specifications that access to records
containing information on U.S. persons are as follows:
a. Only authorized personnel may access such records.
b. Each access to such records must specify a ``purpose'' before
access will be granted.
c. Each access to such records will be entered into audit records
which are maintained for five (5) years or the life of the system,
whichever is longer.
Records relating to ship characteristics are retained indefinitely.
Records of a transitory nature (relative to ship locations, and
individuals identified as passengers or crew, etc.) are maintained on
line for a minimum of two (2) years, then purged per General Records
Schedule 23. Audit records, maintained to document JSS user access to
information relating to specific individuals, are maintained for five
(5) years, or the life of the system, whichever is longer. Access to
audit records will only be granted to authorized personnel approved by
the Executive Agent. Information retrieved from the host and stored at
user sites will be disposed of in accordance with the requirements for
classified and sensitive information.
JMIE Executive Agent, United States Coast Guard Intelligence
Division (G-OIN-3), 2100 Second Street, SW., Washington, DC. 20593-
0001.
Submit a written request noting the information desired. The
request must be signed by the individual, or his/her legal
representative, and must be notarized to certify the identity of the
requesting individual. Send the request to: Commanding Officer, U.S.
Coast Guard, Operations Systems Center, Martinsburg, WV 25401.
Write the Commanding Officer at the address given above in
accordance with the ``Notification Procedure''.
Same as record access procedure.
Federal, State and local law enforcement agencies, other Federal
agencies, commercial sources.
Under subsection (j)(2) of the Privacy Act (5 USC 552a), portions
of the system of records that consist of
a. Information compiled for the purpose of identifying individual
criminal offenders and alleged offenders and consisting only of
identifying data and notations of arrests, the nature and disposition
of criminal charges, sentencing, confinement, release, and parole and
probation status;
b. Information compiled for the purpose of a criminal
investigation, including reports of informants and investigators, and
associated with an identifiable individual; or
c. Reports identifiable to an individual compiled at any stage of
the process of enforcement of the criminal laws from arrest or
indictment through release from supervision, are exempt from all parts
of 5 USC 552a except subsections: (b) (Conditions of disclosure);
(c)(1) and (2) (Accounting of certain disclosures); (e)(4)(A) through
(F) (Publication of existence and character of system); (e)(6) (Ensure
records are accurate, relevant, timely, and complete before disclosure
to persons other than an agency and other than pursuant to a Freedom of
Information Act request), (e)(7) (Restrict recordkeeping on First
Amendment rights), (e)(9) (Rules of conduct), (e)(10) Safeguards),
(e)(11) (Routine use publication); and (i) (Criminal penalties).
Portions of this system may be exempt from disclosure under 5
U.S.C. 552a(k)(1) as being subject to the provisions of 5 U.S.C.
552(b)(1), matters that are ``(A) specifically authorized under
criteria established by an Executive order to be kept secret in the
interest of national defense or foreign policy and (B) are in fact
properly classified pursuant to such Executive Order.''
With regard to material meeting the provisions of 5 U.S.C.
552a(k)(1), the JSS Data Base system of records is exempted from the
following provisions: 5 U.S.C. 552a (c)(3); 5 U.S.C. 552a (d)(1), (2),
(3) and (4); 5 U.S.C. 552a (e)(1), (4)(G), (4)(H), and (4)(I); and 5
U.S.C. 552a (f).
Under the provisions of 5 U.S.C. 552a(k)(2), portions of this
system may be exempt from disclosure. Section (k)(2) provides for
exemption of records which include: Investigatory material compiled for
law enforcement purposes, other than material within the scope of
subsection (j)(2) of this section: Provided however, that if any
individual is denied any right, privilege, or benefit that he/she would
otherwise be entitled by Federal law, or for which he/she would
otherwise be eligible, as a result of the maintenance of such material,
such material shall be provided to such individual, except to the
extent that the disclosure of such material would reveal the identity
of a source who furnished information to the Government under an
express promise that the identity of the source would be held in
confidence, or, prior to September 27, 1975, under an implied promise
that the identity of the source would be held in confidence. Among
these provisions are the requirements in subsection (c)(3) to maintain
an accounting of disclosures of information from a system of records
and make that accounting available on request to the record subject,
and subsection (d) to grant to a record subject access to information
maintained on him/her under the Act.
To the extent that the system of records may contain information
which meets the criteria for exemption under 5 U.S.C.a (k)(2), the JSS
Data Base system of records is exempted from the following provisions
of 5 U.S.C.: 5 U.S.C. 552a (c)(3); 5 U.S.C. 552a (d)(1), (2), (3), and
(4); 5 U.S.C. 552a (e)(1), (4)(G), (4)(H), and (4)(I); and 5 U.S.C.
552a (f).
Narrative Statement for the Department of Transportation Office of the
Secretary On Behalf of the United States Coast Guard
The Office of the Secretary, on behalf of the U.S. Coast Guard,
proposes to establish the Joint Maritime Information Element (JMIE)
Support System (JSS), DOT/CG 642, to consolidate selected worldwide
maritime vessel information.
The purpose of this notice is to establish a system of records to
collect the data and records needed to monitor maritime vessel
movements, and to obtain vessel descriptions and associations in order
to ascertain the vessel's vulnerability to becoming a transportation
vehicle for illegal contraband. The data will be used for the purpose
described under the appropriate headings in the attached copy of the
system notice prepared for publication in the Federal Register.
Although the proposal establishes a system of records, the probable
effects on the privacy interests of the general public will be minimal.
Information will be focused primarily on the vessels themselves, e.g.
physical characteristics such as length, width, color, and vessel
movements. However, information will also be maintained on vessel
ownership, registration, passengers, and crew members. This information
is comparable to information maintained on boat registrations by all
state governments.
A description of the steps taken to safeguard these records is
given under the appropriate heading of the Federal Register system of
records notice.
The Routine Uses described in the record system notice satisfy the
compatibility requirement of subsection (a)(7) of the Privacy Act. The
information collected will allow JMIE consortium members to improve the
execution of their missions by policing maritime traffic to increase
the success of contraband detection and interdiction activities.
With the exception that the Intelligence Community will not have
access to Privacy Act data, the JMIE Executive Agent will approve or
deny access to records containing individual names on a case-by-case
basis for consortium members external to the Law Enforcement Community,
e.g. Intelligence Community. This list will be reviewed regularly (at
least annually) to ensure that each organization on the ``approved''
list retains law enforcement responsibilities. Currently, denial of
access to Intelligence Community organizations is accomplished through
software by precluding query capability to records containing names of
U.S. persons.
The purpose of the report is to comply with Office of Management
and Budget Circular, A-130, Appendix I, dated June 25, 1993.
[FR Doc. 94-19245 Filed 8-5-94; 8:45am]
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