Privacy Act of 1974; System of Records, 37329-37332 [2011-15988]
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Federal Register / Vol. 76, No. 123 / Monday, June 27, 2011 / Notices
Special Accommodations
This meeting is physically accessible
to people with disabilities. Requests for
sign language interpretation or other
auxiliary aids should be directed to
Kathy Pereira at the Council (see
ADDRESSES) at least 5 working days prior
to the meeting.
Dated: June 21, 2011.
Tracey L. Thompson,
Acting Director, Office of Sustainable
Fisheries, National Marine Fisheries Service.
[FR Doc. 2011–15911 Filed 6–24–11; 8:45 am]
BILLING CODE 3510–22–P
DEPARTMENT OF DEFENSE
Department of the Air Force
[Docket ID: USAF–2011–0018]
Privacy Act of 1974; System of
Records
AGENCY:
Department of the Air Force,
DoD.
ACTION:
Notice to delete a system of
records.
The Department of the Air
Force is deleting a systems 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 July
27, 2011 unless comments are received
which result in a contrary
determination.
SUMMARY:
Send comments, identified
by docket number and/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,
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.
mstockstill on DSK4VPTVN1PROD with NOTICES
ADDRESSES:
Department of the Air Force
Privacy Office, Air Force Privacy Act
Office, Office of Warfighting Integration
and Chief Information officer, ATTN:
ADDRESSES:
VerDate Mar<15>2010
16:51 Jun 24, 2011
Jkt 223001
SAF/XCPPI, 1800 Air Force Pentagon,
Washington, DC 20330–1800.
FOR FURTHER INFORMATION CONTACT: Mr.
Charles J. Shedrick, Department of the
Air Force Privacy Office, Air Force
Privacy Act Office, Office of Warfighting
Integration and Chief Information
officer, ATTN: SAF/XCPPI, 1800 Air
Force Pentagon, Washington, DC 20330–
1800, or by phone at 703–696–6488.
SUPPLEMENTARY INFORMATION: The
Department of the Air Force systems of
records notices 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
address above.
The Department of the Air Force
proposes to delete one system of records
notice from its inventory of record
systems subject to the Privacy Act of
1974 (5 U.S.C. 552a), as amended. The
proposed deletion is not within the
purview of subsection (r) of the Privacy
Act of 1974 (5 U.S.C. 552a), as amended,
which requires the submission of a new
or altered system report.
Dated: June 21, 2011.
Aaron Siegel,
Alternate OSD Federal Register Liaison
Officer, Department of Defense.
Deletion:
F036 HAF A
Air Force Outreach Request System
(February 19, 2009, 74 FR 7401).
REASON:
The Air Force Outreach Request
System does not retrieve records by
personally identifiable information (PII).
[FR Doc. 2011–15987 Filed 6–24–11; 8:45 am]
BILLING CODE 5001–06–P
DEPARTMENT OF DEFENSE
Department of the Army
[Docket ID USA–2011–0015]
Privacy Act of 1974; System of
Records
Department of the Army, DoD.
ACTION: Notice to Amend a System of
Records.
AGENCY:
The Department of the Army
is proposing to amend a system of
records notice in its existing inventory
of records systems subject to the Privacy
Act of 1974 (5 U.S.C. 552a), as amended.
DATES: The changes will be effective on
July 27, 2011 unless comments are
received that would result in a contrary
determination.
ADDRESSES: You may submit comments,
identified by docket number and/
SUMMARY:
PO 00000
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Fmt 4703
Sfmt 4703
37329
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,
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, 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, or by phone at (703) 428–
6185.
SUPPLEMENTARY INFORMATION: The
Department of the Army systems of
records notices 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
address above.
The specific changes to the records
systems being amended are set forth
below followed by the notices, as
amended, published in their entirety.
The proposed amendments are not
within the purview of subsection (r) of
the Privacy Act of 1974 (5 U.S.C. 552a),
as amended, which requires the
submission of a new or altered system
report.
Dated: June 22, 2011.
Aaron Siegel,
Alternate OSD Federal Register Liaison
Officer, Department of Defense.
A0027–1k DAJA
SYSTEM NAME:
Judge Advocate General Professional
Conduct Files (March 15, 2011, 76 FR
13997).
*
*
*
*
*
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 2B517,
Washington, DC 20310–2200.
E:\FR\FM\27JNN1.SGM
27JNN1
37330
Federal Register / Vol. 76, No. 123 / Monday, June 27, 2011 / Notices
Secondary locations:
NOTIFICATION PROCEDURE:
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.’’
*
*
*
*
*
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 2B517, Washington, DC
20310–2200.
All written inquiries should provide
the full name and current mailing
address and any details which may
assist in locating records, 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:
mstockstill on DSK4VPTVN1PROD with NOTICES
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
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 5 years after the case
is closed for non-JALS members, unless
the non-JALS member is the subject of
another monitoring, open, or founded
case, then 5 years after the latest case 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 5 years after the case
is closed unless the JALS member is the
subject of another monitoring, open, or
founded case, then 5 years after the
latest case is closed, whichever is
applicable.
Professional conduct inquiry and
legal office mismanagement inquiry
unfounded files or inquiry-notwarranted 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,
unfounded or inquiry-not-warranted
files, 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 2B517, Washington, DC
20310–2200.’’
VerDate Mar<15>2010
16:51 Jun 24, 2011
Jkt 223001
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
2B517, Washington, DC 20310–2200.
All written inquiries should provide
the full name, and current mailing
address and any details which may
assist in locating records, 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
PO 00000
Frm 00019
Fmt 4703
Sfmt 4703
foregoing is true and correct. Executed
on (date). (Signature)’.’’
*
*
*
*
*
A0027–1K DAJA
SYSTEM NAME:
Judge Advocate General Professional
Conduct Files.
SYSTEM LOCATION:
Primary location: United States Army
Office of The Judge Advocate General,
Professional Responsibility Branch,
2200 Army Pentagon, Room 2B517,
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 officers’
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,
E:\FR\FM\27JNN1.SGM
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Federal Register / Vol. 76, No. 123 / Monday, June 27, 2011 / Notices
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; and 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
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
(for example, 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:
mstockstill on DSK4VPTVN1PROD with NOTICES
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 buildings or on military
16:51 Jun 24, 2011
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 5 years after the case
is closed for non-JALS members, unless
the non-JALS member is the subject of
another monitoring, open, or founded
case, then 5 years after the latest case 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 5 years after the case
is closed unless the JALS member is the
subject of another monitoring, open, or
founded case, then 5 years after the
latest case is closed, whichever is
applicable.
Professional conduct inquiry and
legal office mismanagement inquiry
unfounded files or inquiry-notwarranted 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,
unfounded or inquiry-not-warranted
files, 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:
Advocate General, Professional
Responsibility Branch, 2200 Army
Pentagon, Room 2B517, Washington, DC
20310–2200.
All written inquiries should provide
the full name and current mailing
address and any details which may
assist in locating records, 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
2B517, Washington, DC 20310–2200.
All written inquiries should provide
the full name, and current mailing
address and any details which may
assist in locating records, 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:
Jkt 223001
United States Army Office of The
Judge Advocate General, Professional
Responsibility Branch, 2200 Army
Pentagon, Room 2B517, Washington, DC
20310–2200.
‘I declare (or certify, verify, or state)
under penalty of perjury that the
foregoing is true and correct. Executed
on (date). (Signature)’.
NOTIFICATION PROCEDURE:
STORAGE:
VerDate Mar<15>2010
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.
37331
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.
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
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Fmt 4703
Sfmt 4703
CONTESTING RECORD PROCEDURES:
E:\FR\FM\27JNN1.SGM
27JNN1
37332
Federal Register / Vol. 76, No. 123 / Monday, June 27, 2011 / Notices
RECORDS SOURCES CATEGORIES:
Information is received from
individuals as well as from federal,
state, and local authorities, and includes
preliminary screening inquiry reports
and other Army and military records,
state bar records and other attorney
licensing authority records, law
enforcement records, educational
institution records, and any other
relevant records or information.
EXEMPTIONS CLAIMED FOR THE SYSTEM:
None.
[FR Doc. 2011–15988 Filed 6–24–11; 8:45 am]
DEPARTMENT OF EDUCATION
Notice of Submission for OMB Review
Department of Education.
Comment Request.
AGENCY:
The Director, Information
Collection Clearance Division, Privacy,
Information and Records Management
Services, Office of Management, invites
comments on the submission for OMB
review as required by the Paperwork
Reduction Act of 1995 (Pub. L. 104–13).
DATES: Interested persons are invited to
submit comments on or before July 27,
2011.
ADDRESSES: Written comments should
be addressed to the Office of
Information and Regulatory Affairs,
Attention: Education Desk Officer,
Office of Management and Budget, 725
17th Street, NW., Room 10222, New
Executive Office Building, Washington,
DC 20503, be faxed to (202) 395–5806 or
e-mailed to
oira_submission@omb.eop.gov with a
cc: To ICDocketMgr@ed.gov. Please note
that written comments received in
response to this notice will be
considered public records.
SUPPLEMENTARY INFORMATION: Section
3506 of the Paperwork Reduction Act of
1995 (44 U.S.C. Chapter 35) requires
that the Office of Management and
Budget (OMB) provide interested
Federal agencies and the public an early
opportunity to comment on information
collection requests. The OMB is
particularly interested in comments
which: (1) Evaluate whether the
proposed collection of information is
necessary for the proper performance of
the functions of the agency, including
whether the information will have
practical utility; (2) Evaluate the
accuracy of the agency’s estimate of the
burden of the proposed collection of
information, including the validity of
the methodology and assumptions used;
mstockstill on DSK4VPTVN1PROD with NOTICES
SUMMARY:
VerDate Mar<15>2010
16:51 Jun 24, 2011
Jkt 223001
Dated: June 22, 2011.
Darrin A. King,
Director, Information Collection Clearance
Division, Privacy, Information and Records
Management Services, Office of Management.
Office of Special Education and
Rehabilitative Services
BILLING CODE 5001–06–P
ACTION:
(3) Enhance the quality, utility, and
clarity of the information to be
collected; and (4) Minimize the burden
of the collection of information on those
who are to respond, including through
the use of appropriate automated,
electronic, mechanical, or other
technological collection techniques or
other forms of information technology.
Type of Review: Revision.
Title of Collection: Special
Education—Individual Reporting on
Regulatory Compliance Related to the
Personnel Development Program’s
Service Obligation and the Government
Performance and Results Act (GPRA).
OMB Control Number: 1820–0686.
Agency Form Number(s): N/A.
Frequency of Responses: On occasion;
Monthly; Quarterly; Semi-Annually;
Biennially.
Affected Public: Individuals or
household; Not-for-profit institutions;
State, Local, or Tribal Government, State
Educational Agencies or Local
Educational Agencies.
Total Estimated Number of Annual
Responses: 82,645.
Total Estimated Annual Burden
Hours: 30,028.
Abstract: The data collection under
this revision and renewal request is
governed by the ‘‘Additional
Requirements’’ section of the Personnel
Preparation to Improve Services and
Results for Children with Disabilities—
Combined Priority for Personnel
Preparation and Preparation of
Leadership Personnel notice, published
in the Federal Register on March 25,
2005 and by Sections 304.23–304.30 of
the June 5, 2006, regulations that
implement Section 662(h) of the
Individuals with Disabilities Education
Act Amendments of 2004, which
require that individuals who receive a
scholarship through the Personnel
Development Program funded under the
Act subsequently provide special
education and related services to
children with disabilities for a period of
two years for every year for which
assistance was received. Scholarship
recipients who do not satisfy the
requirements of the regulations must
repay all or part of the cost of assistance,
in accordance with regulations issued
by the Secretary. These regulations
implement requirements governing,
among other things, the service
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Fmt 4703
Sfmt 4703
obligation for scholars, reporting
requirements by grantees, and
repayment of scholarships by scholars.
In order for the Federal government to
ensure that the goals of the program are
achieved, certain data collection,
recordkeeping, and documentation are
necessary. In addition this data
collection is governed by the
Government Performance and Results
Act (GPRA). GPRA requires Federal
agencies to establish performance
measures for all programs, and the
Office of Special Education Programs’
has established performance measures
for the Personnel Development Program.
Data collection from scholars who have
received scholarships under the
Personnel Development Program is
necessary to evaluate these measures.
Copies of the information collection
submission for OMB review may be
accessed from the RegInfo.gov Web site
at https://www.reginfo.gov/public/do/
PRAMain or from the Department’s Web
site at https://edicsweb.ed.gov, by
selecting the ‘‘Browse Pending
Collections’’ link and by clicking on
link number 4557. When you access the
information collection, click on
‘‘Download Attachments’’ to view.
Written requests for information should
be addressed to U.S. Department of
Education, 400 Maryland Avenue, SW.,
LBJ, Washington, DC 20202–4537.
Requests may also be electronically
mailed to the Internet address
ICDocketMgr@ed.gov or faxed to 202–
401–0920. Please specify the complete
title of the information collection and
OMB Control Number when making
your request.
Individuals who use a
telecommunications device for the deaf
(TDD) may call the Federal Information
Relay Service (FIRS) at 1–800–877–
8339.
[FR Doc. 2011–16041 Filed 6–24–11; 8:45 am]
BILLING CODE 4000–01–P
DEPARTMENT OF EDUCATION
Applications for New Awards; Centers
for Independent Living
Office of Special Education and
Rehabilitative Services, Department of
Education.
ACTION: Notice.
AGENCY:
Overview Information
Centers for Independent Living Notice
inviting applications for new awards for
fiscal year (FY) 2011.
Catalog of Federal Domestic Assistance
(CFDA) Numbers: 84.132A.
DATES:
E:\FR\FM\27JNN1.SGM
27JNN1
Agencies
[Federal Register Volume 76, Number 123 (Monday, June 27, 2011)]
[Notices]
[Pages 37329-37332]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2011-15988]
-----------------------------------------------------------------------
DEPARTMENT OF DEFENSE
Department of the Army
[Docket ID USA-2011-0015]
Privacy Act of 1974; System of Records
AGENCY: Department of the Army, DoD.
ACTION: Notice to Amend a System of Records.
-----------------------------------------------------------------------
SUMMARY: The Department of the Army is proposing to amend a system of
records notice in its existing inventory of records systems subject to
the Privacy Act of 1974 (5 U.S.C. 552a), as amended.
DATES: The changes will be effective on July 27, 2011 unless comments
are received that would result in a contrary determination.
ADDRESSES: You may submit comments, identified by docket number and/
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, 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, 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, or by phone at (703) 428-6185.
SUPPLEMENTARY INFORMATION: The Department of the Army systems of
records notices 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 address above.
The specific changes to the records systems being amended are set
forth below followed by the notices, as amended, published in their
entirety. The proposed amendments are not within the purview of
subsection (r) of the Privacy Act of 1974 (5 U.S.C. 552a), as amended,
which requires the submission of a new or altered system report.
Dated: June 22, 2011.
Aaron Siegel,
Alternate OSD Federal Register Liaison Officer, Department of Defense.
A0027-1k DAJA
System name:
Judge Advocate General Professional Conduct Files (March 15, 2011,
76 FR 13997).
* * * * *
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 2B517, Washington, DC 20310-2200.
[[Page 37330]]
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.''
* * * * *
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 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 5 years after the case is closed for non-JALS members, unless
the non-JALS member is the subject of another monitoring, open, or
founded case, then 5 years after the latest case 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 5 years after the case is closed
unless the JALS member is the subject of another monitoring, open, or
founded case, then 5 years after the latest case 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, unfounded or inquiry-not-
warranted files, 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 2B517, 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 2B517, Washington, DC 20310-2200.
All written inquiries should provide the full name and current
mailing address and any details which may assist in locating records,
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 2B517, Washington, DC
20310-2200.
All written inquiries should provide the full name, and current
mailing address and any details which may assist in locating records,
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)'.''
* * * * *
A0027-1k DAJA
System name:
Judge Advocate General Professional Conduct Files.
System location:
Primary location: United States Army Office of The Judge Advocate
General, Professional Responsibility Branch, 2200 Army Pentagon, Room
2B517, 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 officers' 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,
[[Page 37331]]
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; and 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 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 (for example, 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 buildings 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 5 years after
the case is closed for non-JALS members, unless the non-JALS member is
the subject of another monitoring, open, or founded case, then 5 years
after the latest case 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 5 years after the case is closed
unless the JALS member is the subject of another monitoring, open, or
founded case, then 5 years after the latest case 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, unfounded or inquiry-not-
warranted files, 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 2B517,
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 2B517, Washington, DC 20310-2200.
All written inquiries should provide the full name and current
mailing address and any details which may assist in locating records,
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 2B517, Washington, DC 20310-2200.
All written inquiries should provide the full name, and current
mailing address and any details which may assist in locating records,
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.
[[Page 37332]]
Records sources categories:
Information is received from individuals as well as from federal,
state, and local authorities, and includes preliminary screening
inquiry reports and other Army and military records, state bar records
and other attorney licensing authority records, law enforcement
records, educational institution records, and any other relevant
records or information.
Exemptions claimed for the system:
None.
[FR Doc. 2011-15988 Filed 6-24-11; 8:45 am]
BILLING CODE 5001-06-P