[Federal Register Volume 65, Number 13 (Thursday, January 20, 2000)]
[Notices]
[Pages 3215-3216]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 00-1311]


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DEPARTMENT OF DEFENSE

Department of the Army


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:  The 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.
    The routine uses being added permit the disclosure of records to 
THE ARMY LAWYER, a monthly publication for Army lawyers, and to 
interested complainants to inform them of the disposition of 
professional misconduct allegations.

DATES:  This proposed action will be effective without further notice 
on February 22, 2000, unless comments are received which result in a 
contrary determination.

ADDRESSES:  Privacy Act Officer, Records Management Division, U.S. 
Total Army Personnel Command, ATTN: TAPC-PDR-P, Stop C55, Ft. Belvoir, 
VA 22060-5576.

FOR FURTHER INFORMATION CONTACT:  Ms. Janice Thornton at (703) 806-4390 
or DSN 656-4390.

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 proposed system report, as required by 5 U.S.C. 552a(r) of the 
Privacy Act of 1974, as amended, was submitted on January 5, 2000 to 
the House Committee on Government Reform, the Senate Committee on 
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,' dated February 8, 1996 (February 20, 1996, 61 FR 6427).

    Dated: January 3, 2000.
L.M. Bynum,
Alternate OSD Federal Register Liaison Officer, Department of Defense.
A0027-1k DAJA

SYSTEM NAME:
    Judge Advocate General Professional Conduct Files (January 12, 
1993, 58 FR 3936).

CHANGES:
* * * * *

SYSTEM LOCATION:
    Delete entry and replace with `Primary location: Department of the 
Army Standards of Conduct Office, ATTN: DAJA-SC 10th Floor, Rossyln 
Plaza North, 1777 North Kent Street, Rosslyn, VA 22209-2194.
    Secondary locations: Offices of the Judge Advocate General at major 
Army commands, 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:
    Delete entry and replace with `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:
    Delete entry and replace with `Records include, but are not limited 
to, complaints with substantiating documents, tasking memoranda, 
preliminary screening inquiry (PSI) reports and mismanagement inquiry 
reports (containing sensitive personal information, witness statements, 
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.'

PURPOSE(S):
    Delete entry and replace with `To assist the Judge Advocate General 
in the evaluation, management, administration, and regulation of the 
delivery of legal services by offices and personnel under his 
jurisdiction; and to record the disposition of ethics and mismanagement 
complaints, and document corrective action taken.'

ROUTINE USES OF RECORDS MAINTAINED IN THE SYSTEM, INCLUDING CATEGORIES 
OF USERS AND THE PURPOSES OF SUCH USES:
    Delete second paragraph and replace with `Information concerning 
substantiated misconduct may be released to professional licensing 
authorities (e.g. state and federal disciplinary agencies);
    To current and potential governmental employers during authorized 
background checks to assist their efforts to protect the public by 
maintaining the integrity of the legal profession;
    To `The Army Lawyer', a monthly publication for Army lawyers, for 
publication when directed by the Judge Advocate General or the 
Assistant Judge Advocate General; and
    To directly interested complainants to inform them of the 
disposition of professional misconduct allegations.'
* * * * *
A0027-1k DAJA

SYSTEM NAME:
    Judge Advocate General Professional Conduct Files.

SYSTEM LOCATION:
    Primary location: Department of the Army Standards of Conduct 
Office, ATTN: DAJA-SC 10th Floor, Rosslyn Plaza North, 1777 North Kent 
Street, Rosslyn, VA 22209-2194.
    Secondary locations: Offices of the Judge Advocate General at major 
Army commands, 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

[[Page 3216]]

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, but are not limited to, complaints with 
substantiating documents, tasking memoranda, preliminary screening 
inquiry (PSI) reports and mismanagement inquiry reports (containing 
sensitive personal information, witness statements, 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(c); RCM 109, 
Manual for Courts-Martial, 1995; Army Regulation 690-300, Employment 
(Civilian Personnel); Army Regulation 27-1, Judge Advocate Legal 
Service.

PURPOSE(S):
    To assist the Judge Advocate General in the evaluation, management, 
administration, and regulation of the delivery of legal services by 
offices and personnel under his jurisdiction; and to record the 
disposition of ethics complains and to document ethics violations and 
corrective action taken.

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, these records of information contained 
therein may specifically be disclosed outside the DoD as a routine use 
pursuant to 5 U.S.C., 522a(b)(3) as follows:
    Information concerning substantiated misconduct may be released to 
professional licensing authorities (e.g., state and federal 
disciplinary agencies);
    To current and potential governmental employers during authorized 
background checks to assist their efforts to protect the public by 
maintaining the integrity of the legal profession;
    To `The Army Lawyer', a monthly publication for Army lawyers, for 
publication when directed by the Judge Advocate General or the 
Assistant Judge Advocate General; and
    To directly interested complainants to inform them of the 
disposition of professional misconduct allegations.
    The `Blanket Routine Uses' set forth at the beginning of the Army's 
compilation of systems of records notices also apply to this system.

POLICIES AND PRACTICES FOR STORING, RETRIEVING, ACCESSING, RETAINING, 
AND DISPOSING OF RECORDS:
STORAGE:
    Papers records in file folders and on computers.

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 therefor 
in the performance of official duties. Computer stored information is 
password protected.

RETENTION AND DISPOSAL:
    Disposition pending (until NARA disposition is approved, treat as 
permanent).

SYSTEM MANAGER(S) AND ADDRESS:
    Chief, Department of the Army Standards of Conduct Office, ATTN: 
DAJA-SC, 10th Floor, Rosslyn Plaza North, 1777 North Kent Street, 
Rosslyn, VA 22209-2194.

NOTIFICATION PROCEDURE:
    Individuals seeking to determine whether information about 
themselves is contained in this system of records should address 
written inquires to the Department of the Army Standards of Conduct 
Office, ATTN: DAJA-SC, 10th Floor, Rosslyn Plaza North, 1777 North Kent 
Street, Rosslyn, VA 22209-2194.

RECORD ACCESS PROCEDURES:
    Individuals seeking access to records about themselves should 
address written inquiries to the Department of the Army Standards of 
Conduct Office, ATTN: DAJA-SC, 10th Floor, Rosslyn Plaza North, 1777 
North Kent Street, Rosslyn, VA 22209-2194.

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.

RECORD SOURCE CATEGORIES:
    Information is received from individuals and from federal, state, 
and local authorities (e.g., preliminary screening report, other Army 
records, state bar records, law enforcement records, educational 
institution records, etc.).

EXEMPTIONS CLAIMED FOR THE SYSTEM:
    None.

[FR Doc. 00-1311 Filed 1-19-00; 8:45 am]
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