Federal Register / Vol. 76, No. 50 / Tuesday, March 15, 2011 / Notices 13997 

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. 

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: http:// 

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 

http://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 


srobinson on DSKHWCL6B1PROD with NOTICES
13998 Federal Register / Vol. 76, No. 50 / Tuesday, March 15, 2011 / Notices 

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-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, 

and unfounded or inquiry-notwarranted 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 


srobinson on DSKHWCL6B1PROD with NOTICES
Federal Register / Vol. 76, No. 50 / Tuesday, March 15, 2011 / Notices 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-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, 

and unfounded or inquiry-notwarranted 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] 

BILLING CODE 5001–06–P 

DEPARTMENT OF DEFENSE 

Department of the Navy 

Meeting of the Ocean Research and 

Resources Advisory Panel 

AGENCY: Department of the Navy, DoD. 

ACTION: Notice of open meeting. 

SUMMARY: The Ocean Research and 

Resources Advisory Panel (ORRAP) will 


srobinson on DSKHWCL6B1PROD with NOTICES