Privacy Act of 1974; System of Records, 40343-40345 [2011-17158]

Agencies

• DEPARTMENT OF DEFENSE
• Department of the Army

[Federal Register Volume 76, Number 131 (Friday, July 8, 2011)]
[Notices]
[Pages 40343-40345]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2011-17158]


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DEPARTMENT OF DEFENSE

Department of the Army

[Docket ID USA-2011-0017]


Privacy Act of 1974; System of Records

AGENCY: Department of the Army, DoD.

ACTION: Notice to amend a system of records.

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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 August 8, 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, 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: July 1, 2011.
Aaron Siegel,
Alternate OSD Federal Register Liaison Officer, Department of Defense.
A0027-1k DAJA

System name:
    Judge Advocate General Professional Conduct Files (June 27, 2011, 
76 FR 37329).
* * * * *

Changes:
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, and unfounded or inquiry-not-
warranted files, and legal office mismanagement inquiry founded, and 
unfounded or inquiry-not-warranted files, maintained in other Judge

[[Page 40344]]

Advocates General (JAG) offices are destroyed by shredding paper copies 
and erasure off computers in those offices 3 years after the case is 
closed.''
* * * * *
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, 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, 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 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

[[Page 40345]]

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 
State 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 
State 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 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. 2011-17158 Filed 7-7-11; 8:45 am]
BILLING CODE 5001-06-P