Privacy Act of 1974; System of Records, 13997-13999 [2011-5908]

Agencies

• DEPARTMENT OF DEFENSE
• Department of the Army

[Federal Register Volume 76, Number 50 (Tuesday, March 15, 2011)]
[Notices]
[Pages 13997-13999]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2011-5908]



[[Page 13997]]

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DEPARTMENT OF DEFENSE

Department of the Army

[Docket ID: USA-2011-0003]


Privacy Act of 1974; System of Records

AGENCY: Department of the Army, DoD

ACTION: Notice to alter a system of records.

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SUMMARY: Department of the Army is altering a system of records notice 
in its existing inventory of record systems subject to the Privacy Act 
of 1974 (5 U.S.C. 552a), as amended.

DATES: This proposed action will be effective without further notice on 
April 14, 2011 unless comments are received which result in a contrary 
determination.

ADDRESSES: You may submit comments, identified by docket number and/or 
Regulatory Information Number (RIN) and title, by any of the following 
methods:
    * Federal Rulemaking Portal: https://www.regulations.gov. Follow the 
instructions for submitting comments.
    * Mail: Federal Docket Management System Office, 1160 Defense 
Pentagon, Mailroom 3C843, Washington, DC 20301-1160.
    Instructions: All submissions received must include the agency name 
and docket number or Regulatory Information Number (RIN) 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: Mr. Leroy Jones at (703) 428-6185, or 
the Department of the Army, Privacy Office, U.S. Army Records 
Management and Declassification Agency, 7701 Telegraph Road, Casey 
Building, Suite 144, Alexandria, VA 22325-3905.

SUPPLEMENTARY INFORMATION: Department of the Army notices for systems 
of records subject to the Privacy Act of 1974 (5 U.S.C. 552a), as 
amended, have been published in the Federal Register and are available 
from the FOR FURTHER INFORMATION CONTACT address above.
    The proposed system report, as required by 5 U.S.C. 552a(r) of the 
Privacy Act of 1974, as amended, was submitted on March 8, 2011 to the 
House Committee on Government Reform, the Senate Committee on Homeland 
Security and Governmental Affairs, and the Office of Management and 
Budget (OMB) pursuant to paragraph 4c of Appendix I to OMB Circular No. 
A-130, ``Federal Agency Responsibilities for Maintaining Records About 
Individuals,'' February 20, 1996, 61 FR 6427.

    Dated: March 9, 2011.
Morgan F. Park,
Alternate OSD Federal Register Liaison Officer, Department of Defense.
A0027-1k DAJA

System name:
    Judge Advocate General Professional Conduct Files (January 20, 
2000, 65 FR 3215).
* * * * *

Changes:
System location:
    Delete entry and replace with ``Primary location: United States 
Army Office of The Judge Advocate General, Professional Responsibility 
Branch, 2200 Army Pentagon, Room 2B514, Washington, DC 20310-2200.
    Secondary locations: Offices of The Judge Advocate General at Army 
Commands, Army Service Component Commands, Direct Reporting Units, 
field operating agencies, installations and activities Army-wide. 
Official mailing addresses are published as an appendix to the Army's 
compilation of systems of records notices.''

Categories of records in the system:
    Delete entry and replace with ``Records include subject's name, 
current mailing address, complaints with substantiating documents, 
tasking memoranda, preliminary screening inquiry (PSI) reports and 
mismanagement inquiry reports (containing sensitive personal 
information pertaining to the underlying allegations of personal and 
professional misconduct in witness statements and other documents, and 
inquiry officer's findings and recommendations), supervisory Judge 
Advocate recommendations and actions, staff memoranda to Judge Advocate 
General's Corps leadership, Professional Responsibility Committee 
opinions, memoranda related to disciplinary actions, responses from 
subjects, and correspondence with Governmental agencies and 
professional licensing authorities.''

Authority for maintenance of the system:
    Delete entry and replace with ``10 U.S.C. 3013, Secretary of the 
Army; 10 U.S.C. 3037, Judge Advocate General, Deputy Judge Advocate 
General, and general officers of Judge Advocate General's Corps: 
appointment; duties; Rules for Courts-Martial (RCM) Rule 109, Manual 
for Courts-Martial United States (2008 Edition); Army Regulation 690-
300, Civilian Personnel Employment; Army Regulation 27-1, Legal 
Services, Judge Advocate Legal Services; Army Regulation 27-26, Rules 
of Professional Conduct for Lawyers.''

Purpose(s):
    Delete entry and replace with ``To protect the integrity of the 
Army and government legal profession; to assist The Judge Advocate 
General in the evaluation, management, administration, and regulation 
of, and inquiry into, the delivery of legal services by offices and 
personnel under his jurisdiction; to document founded violations of the 
rules of professional responsibility and mismanagement; to take adverse 
action and appropriate disciplinary action against those found to have 
violated the rules of professional responsibility or committed 
mismanagement; to record disposition of professional responsibility and 
mismanagement complaints; and to report founded violations of the rules 
of professional responsibility to professional licensing authorities 
and to current and prospective government employers.''

Routine uses of records maintained in the system, including categories 
of users and the purposes of such uses:
    Delete entry and replace with ``In addition to those disclosures 
generally permitted under 5 U.S.C. 552a(b) of the Privacy Act of 1974, 
records contained within this system may specifically be disclosed 
outside the DoD as a routine use pursuant to 5 U.S.C. 552a(b)(3) as 
follows:
    To professional licensing authorities (e.g., state and federal 
disciplinary agencies); and to current and prospective government 
employers.
    The DoD `Blanket Routine Uses' set forth at the beginning of the 
Army's compilation of systems of records notices shall also apply to 
this system.''
* * * * *

Storage:
    Delete entry and replace with ``Paper records in file folders and 
electronic computer records.''
* * * * *

Retention and disposal:
    Delete entry and replace with ``Professional conduct inquiry 
founded files maintained at the United States Army Office of The Judge 
Advocate General, Professional Responsibility

[[Page 13998]]

Branch are destroyed by shredding paper copies and erasure off 
computers in the local office 5 years after the Judge Advocate Legal 
Service (JALS) member leaves the JALS or when the case is closed for 
non-JALS members, unless the non-JALS member is the subject of another 
monitoring, open, or founded file, then when the file is closed.
    Legal office mismanagement inquiry founded files maintained at the 
United States Army Office of The Judge Advocate General, Professional 
Responsibility Branch are destroyed by shredding paper copies and 
erasure off computers 5 years after the Judge Advocate Legal Service 
(JALS) member leaves the JALS or when the case is closed unless the 
JALS member is the subject of another monitoring, open, or founded 
file, then when the file is closed, whichever is applicable.
    Professional conduct inquiry and legal office mismanagement inquiry 
unfounded files or inquiry-not-warranted files maintained at the United 
States Army Office of The Judge Advocate General, Professional 
Responsibility Branch are destroyed 3 years after the case is closed.
    Professional conduct inquiry founded, and unfounded or inquiry-not-
warranted files and legal office mismanagement inquiry founded, and 
unfounded or inquiry-not-warranted files, maintained in other Judge 
Advocates General (JAG) offices are destroyed by shredding paper copies 
and erasure off computers in those offices 3 years after the case is 
closed.''

System manager(s) and address:
    Delete entry and replace with ``United States Army Office of The 
Judge Advocate General, Professional Responsibility Branch, 2200 Army 
Pentagon, Room 2B514, Washington, DC 20310-2200.''

Notification procedure:
    Delete entry and replace with ``Individuals seeking to determine 
whether information about themselves is contained in this system of 
records should address written inquiries to the United States Army 
Office of The Judge Advocate General, Professional Responsibility 
Branch, 2200 Army Pentagon, Room 2B514, Washington, DC 20310-2200.
    All written inquiries should provide the full name and current 
mailing address and any details which may assist in locating record, 
and their signature.
    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)'.''

Record access procedures:
    Delete entry and replace with ``Individuals seeking access to 
records about themselves should address written inquiries to the United 
States Army Office of The Judge Advocate General, Professional 
Responsibility Branch, 2200 Army Pentagon, Room 2B514, Washington, DC 
20310-2200.
    All written inquiries should provide the full name, and current 
mailing address and any details which may assist in locating record, 
and their signature.
    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)'.''

Records sources categories:
    Delete entry and replace with ``Information is received from 
individuals, from federal, state, and local authorities; preliminary 
screening inquiry report, other Army records, state bar records, law 
enforcement records, and educational institution records.''
A0027-1k DAJA

System name:
    Judge Advocate General Professional Conduct Files.

System location:
    United States Army Office of The Judge Advocate General, 
Professional Responsibility Branch, 2200 Army Pentagon, Room 2B514, 
Washington, DC 20310-2200.
    Secondary locations: Offices of The Judge Advocate General at Army 
Commands, Army Service Component Commands, Direct Reporting Units, 
field operating agencies, installations and activities Army-wide. 
Official mailing addresses are published as an appendix to the Army's 
compilation of systems of records notices.

Categories of individuals covered by the system:
    Judge Advocates, civilian attorneys of the Judge Advocate Legal 
Service, and civilian attorneys subject to the disciplinary authority 
of the Judge Advocate General who have been the subject of a complaint 
related to their impairment, professional conduct or mismanagement or 
when a court has convicted, diverted, or sanctioned the attorney, or 
has found contempt or an ethics violation, or the attorney has been 
disciplined elsewhere.

Categories of records in the system:
    Records include, subject's name, current mailing address, 
complaints with substantiating documents, tasking memoranda, 
preliminary screening inquiry (PSI) reports and mismanagement inquiry 
reports (containing sensitive personal information pertaining to the 
underlying allegations of personal and professional misconduct in 
witness statements and other documents, and inquiry officer's findings 
and recommendations), supervisory Judge Advocate recommendations and 
actions, staff memoranda to Judge Advocate General's Corps leadership, 
Professional Responsibility Committee opinions, memoranda related to 
disciplinary actions, responses from subjects, and correspondence with 
Governmental agencies and professional licensing authorities.

Authority for maintenance of the system:
    10 U.S.C. 3013, Secretary of the Army; 10 U.S.C. 3037, Judge 
Advocate General, Deputy Judge Advocate General, and general officers 
of Judge Advocate General's Corps: Appointment; duties; Rules for 
Courts-Martial (RCM) Rule 109, Manual for Courts-Martial United States 
(2008 Edition); Army Regulation 690-300, Civilian Personnel Employment; 
Army Regulation 27-1, Legal Services, Judge Advocate Legal Services; 
Army Regulation 27-26, Rules of Professional Conduct for Lawyers.

Purpose(s):
    To protect the integrity of the Army and government legal 
profession; to assist The Judge Advocate General in the evaluation, 
management, administration, and regulation of, and inquiry into, the 
delivery of legal services by offices and personnel under

[[Page 13999]]

his jurisdiction; to document founded violations of the rules of 
professional responsibility and mismanagement; to take adverse action 
and appropriate disciplinary action against those found to have 
violated the rules of professional responsibility or committed 
mismanagement; to record disposition of professional responsibility and 
mismanagement complaints; and to report founded violations of the rules 
of professional responsibility to professional licensing authorities 
and to current and prospective government employers.

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, records contained within this 
system may specifically be disclosed outside the DoD as a routine use 
pursuant to 5 U.S.C. 552a(b)(3) as follows:
    To professional licensing authorities (e.g., State and Federal 
disciplinary agencies); and to current and prospective government 
employers.
    The DoD `Blanket Routine Uses' set forth at the beginning of the 
Army's compilation of systems of records notices shall also apply to 
this system.

Policies and practices for storing, retrieving, accessing, retaining, 
and disposing of records in the system:
Storage:
    Paper records in file folders and electronic computer records.

Retrievability:
    By subject's name.

Safeguards:
    Records are maintained in locked offices and/or in locked file 
cabinets in secured building or on military installations protected by 
police patrols. All information is maintained in secured areas 
accessible only to designated individuals having official need 
therefore in the performance of official duties. Computer stored 
information is password protected.

Retention and disposal:
    Professional conduct inquiry founded files maintained at the United 
States Army Office of The Judge Advocate General, Professional 
Responsibility Branch are destroyed by shredding paper copies and 
erasure off computers in the local office 5 years after the Judge 
Advocate Legal Service (JALS) member leaves the JALS or when the case 
is closed for non-JALS members, unless the non-JALS member is the 
subject of another monitoring, open, or founded file, then when the 
file is closed.
    Legal office mismanagement inquiry founded files maintained at the 
United States Army Office of The Judge Advocate General, Professional 
Responsibility Branch are destroyed by shredding paper copies and 
erasure off computers 5 years after the Judge Advocate Legal Service 
(JALS) member leaves the JALS or when the case is closed unless the 
JALS member is the subject of another monitoring, open, or founded 
file, then when the file is closed, whichever is applicable.
    Professional conduct inquiry and legal office mismanagement inquiry 
unfounded files or inquiry-not-warranted files maintained at the United 
States Army Office of The Judge Advocate General, Professional 
Responsibility Branch are destroyed 3 years after the case is closed.
    Professional conduct inquiry founded, and unfounded or inquiry-not-
warranted files and legal office mismanagement inquiry founded, and 
unfounded or inquiry-not-warranted files, maintained in other Judge 
Advocates General (JAG) offices are destroyed by shredding paper copies 
and erasure off computers in those offices 3 years after the case is 
closed.

System manager(s) and address:
    United States Army Office of The Judge Advocate General, 
Professional Responsibility Branch, 2200 Army Pentagon, Room 2B514, 
Washington, DC 20310-2200.

Notification procedure:
    Individuals seeking to determine whether information about 
themselves is contained in this system of records should address 
written inquiries to the United States Army Office of The Judge 
Advocate General, Professional Responsibility Branch, 2200 Army 
Pentagon, Room 2B514, Washington, DC 20310-2200.
    All written inquiries should provide the full name and current 
mailing address and any details which may assist in locating record, 
and their signature.
    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)'.

Record access procedures:
    Individuals seeking access to records about themselves should 
address written inquiries to the United States Army Office of The Judge 
Advocate General, Professional Responsibility Branch, 2200 Army 
Pentagon, Room 2B514, Washington, DC 20310-2200.
    All written inquiries should provide the full name and current 
mailing address and any details which may assist in locating record, 
and their signature.
    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 Army's rules for accessing records, and for contesting contents 
and appealing initial agency determinations are contained in Army 
Regulation 340-21; 32 CFR part 505; or may be obtained from the system 
manager.

Records sources categories:
    Information is received from individuals, from federal, state, and 
local authorities; preliminary screening inquiry report, other Army 
records, state bar records, law enforcement records, and educational 
institution records.

Exemptions claimed for the system:
    None.

[FR Doc. 2011-5908 Filed 3-14-11; 8:45 am]
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