[Federal Register Volume 77, Number 179 (Friday, September 14, 2012)]
[Notices]
[Pages 56822-56824]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2012-22689]


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DEPARTMENT OF DEFENSE

Department of the Navy

[Docket ID: USN-2012-0016]


Privacy Act of 1974; System of Records

AGENCY: Department of the Navy, DoD.

ACTION: Notice to alter a system of records.

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SUMMARY: The Department of the Navy proposes to alter a system of 
records in its 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 on October 15, 2012 
unless comments are received which result in a contrary determination. 
Comments will be accepted on or before October 15, 2012.

ADDRESSES: You may submit comments, identified by docket number 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, 4800 Mark Center 
Drive, East Tower, 2nd Floor, Suite 02G09, Alexandria, VA 22350-3100.
    Instructions: All submissions received must include the agency name 
and docket number 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: Ms. Robin Patterson, HEAD, FOIA/
Privacy Act Policy Branch, Department of the Navy, 2000 Navy Pentagon, 
Washington, DC 20350-2000, or by phone at (202) 685-6546.

SUPPLEMENTARY INFORMATION: The Office of the Secretary of Defense 
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 address in FOR FURTHER INFORMATION CONTACT. 
The proposed system report, as required by 5 U.S.C. 552a(r) of the 
Privacy Act of 1974, as amended, was submitted on August 28, 2012, to 
the House Committee on Oversight and 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: September 11, 2012.
Aaron Siegel,
Alternate OSD Federal Register Liaison Officer, Department of Defense.
N05813-1

System name:
    Professional Responsibility/Ethics File (July 30, 1999, 64 FR 
41401).

Changes:
    Delete entry and replace with ``N05800-2.''

System name:
    Delete entry and replace with ``Professional Responsibility 
Files.''

System location:
    Delete entry and replace with ``Office of the Judge Advocate 
General (Administrative Law) (Code 13), Department of the Navy, 
Washington Navy Yard, 1322 Patterson Avenue SE., Suite 3000, 
Washington, DC 20374-5066.
    Office of the Chief Judge, Department of the Navy (Code 05) 
Washington Navy Yard, 1254 Charles Morris Street SE., Suite 320, 
Washington, DC 20374-5124.
    Office of the Staff Judge Advocate to the Commandant of the Marine 
Corps, Headquarters United States Marine Corps, 3000 Marine Corps 
Pentagon (Room 4D556), Washington DC 20350-3000.''

Categories of individuals covered by the system:
    Delete entry and replace with ``Civilian attorneys (U.S. Government 
and non-U.S. Government) and U.S. Armed Forces judge advocates (Active-
Duty, Reserve and retired) who have practiced, or are practicing, in 
proceedings, or who practice or perform legal services under the 
supervision and cognizance of the Judge Advocate General of the Navy 
(JAG).''

Categories of records in the system:
    Delete entry and replace with ``Full name, reports of 
investigation, correspondence, and court papers relating to 
professional responsibility/ethics complaints brought against 
attorneys; requests and related correspondence regarding the outside 
practice of law; documents related to

[[Page 56823]]

the good standing certification requirements of attorneys.''

Authority for maintenance of the system:
    Delete entry and replace with ``5 U.S.C. 301, Departmental 
regulations; 10 U.S.C. 806, Judge advocates and legal officers; 10 
U.S.C. 826, Military judge of a general or special court-martial; 10 
U.S.C. 827, Detail of trial counsel and defense counsel; 10 U.S.C. 
1044, Legal Assistance; 32 CFR Part 776, Professional Conduct of 
Attorneys Practicing Under the Cognizance and Supervision of the Judge 
Advocate General; Manual for Courts-Martial (MCM), Part II of the MCM, 
Rule for Courts-Martial, Part II Rule 109 of the MCM, Professional 
supervision of military judges and counsel; and Judge Advocate General 
Instruction 5803.1C, Professional Conduct of Attorneys Practicing Under 
the Cognizance and Supervision of the Judge Advocate General.''

Purpose(s):
    Delete entry and replace with ``To record the disposition of 
professional responsibility/ethics complaints; to provide a record of 
individual lawyers who are restricted or suspended from practice as 
attorneys, before courts-martial or other proceedings conducted under 
the Uniform Code of Military Justice (UCMJ), or in Navy and Marine 
Corps administrative proceedings, or as legal assistance attorneys, or 
in any other matter under JAG cognizance; to document professional 
responsibility/ethics violations and corrective action taken; and to 
provide a record of all outside practice of law requests.''

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, 
these records contained therein may specifically be disclosed outside 
the DoD as a routine use pursuant to 5 U.S.C. 552a(b)(3) as follows:
    To attorney licensing and/or disciplinary authorities as required 
to support professional responsibility investigations and proceedings.
    The DoD Blanket Routine Uses that appear at the beginning of the 
Navy's compilation of system of records notices may apply to this 
system.''
* * * * *

Storage:
    Delete entry and replace with ``Paper file folders and electronic 
storage media.''
* * * * *

Retention and disposal:
    Delete entry and replace with ``Permanent. Records are retired to 
Washington National Records Center (WNRC) when 4 years old and 
transferred to National Archives and Records Administration (NARA) when 
20 years old. Files with historical information required on a 
continuing basis may be retained as long as necessary before being 
retired to WNRC.''

System manager(s) and address:
    Delete entry and replace with ``Assistant Judge Advocate General 
(Civil Law), Office of the Judge Advocate General, Department of the 
Navy, Washington Navy Yard, 1322 Patterson Avenue SE., Suite 3000, 
Washington, DC 20374-5066.
    Office of the Chief Judge, Department of the Navy (Code 05) 
Washington Navy Yard, 1254 Charles Morris Street SE., Suite 320, 
Washington, DC 20374-5124.
    Office of the Staff Judge Advocate to the Commandant of the Marine 
Corps, Headquarters United States Marine Corps, 3000 Marine Corps 
Pentagon (Room 4D556), Washington DC 20350-3000.''

Notification procedure:
    Delete entry and replace with ``Individuals seeking to determine 
whether this system contains information about themselves should 
address written inquiries to the following offices, as appropriate:
    For judicial conduct matters: Office of the Chief Judge, Department 
of the Navy (Code 05), Washington Navy Yard, 1254 Charles Morris Street 
SE., Suite 320, Washington, DC 20374-5124.
    For Marine matters (not involving judicial conduct): Research and 
Civil Law Branch, Judge Advocate Division, HQMC (JAR), Office of the 
Staff Judge Advocate to the Commandant of the Marine Corps, 
Headquarters United States Marine Corps, 3000 Marine Corps Pentagon 
(Room 4D556), Washington, DC 20350-3000.
    For all other matters: Deputy Assistant Judge Advocate General 
(Administrative Law) (Code 13), Office of the Judge Advocate General, 
Department of the Navy, 1322 Patterson Avenue SE., Suite 3000, 
Washington, DC 20374-5066.
    Written request should include the full name of the individual 
concerned and must be signed. The system manager will require a 
notarized signature as a means of proving the identity of the 
individual requesting access to records.''

Record access procedures:
    Delete entry and replace with ``Individuals seeking access to 
information about themselves contained in this system should address 
written inquiries to the following offices, as appropriate:
    For judicial conduct matters: Office of the Chief Judge, Department 
of the Navy (Code 05), Washington Navy Yard, 1254 Charles Morris Street 
SE., Suite 320, Washington, DC 20374-5124.
    For Marine matters (not involving judicial conduct): Research and 
Civil Law Branch, Judge Advocate Division, HQMC (JAR), Office of the 
Staff Judge Advocate to the Commandant of the Marine Corps, 
Headquarters United States Marine Corps, 3000 Marine Corps Pentagon 
(Room 4D556), Washington, DC 20350-3000.
    For all other matters: Deputy Assistant Judge Advocate General 
(Administrative Law) (Code 13), Office of the Judge Advocate General, 
Department of the Navy, 1322 Patterson Avenue SE., Suite 3000, 
Washington, DC 20374-5066.
    Written request should include the full name of the individual 
concerned and must be signed. The system manager will require a 
notarized signature as a means of proving the identity of the 
individual requesting access to records.''

Contesting record procedures:
    Delete entry and replace with ``The Department of the Navy's rules 
for accessing records, and for contesting contents and appealing 
initial agency determinations are published in Secretary of the Navy 
Instruction 5211.5; 32 CFR part 701; or may be obtained from the system 
manager.''

Record source categories:
    Delete entry and replace with ``Correspondence from individuals, 
military judges, staff judge advocates, and other military personnel; 
correspondence from the Judge Advocate Generals of other branches of 
the Armed Forces; investigative reports from Naval Criminal 
Investigative Service other law enforcement agencies; and those 
appointed Investigating Officer by the Judge Advocate General of the 
Navy or the Navy JAGC Rules Counsel, correspondence from military or 
civilian attorney licensing authorities; and copies of court papers.''

Exemptions claimed for the system:
    Delete entry and replace with ``Investigative material compiled for 
law enforcement purposes may be exempt pursuant to 5 U.S.C. 552a(k)(2). 
However, if an individual is denied any

[[Page 56824]]

right, privilege, or benefit for which he would otherwise be entitled 
by Federal law or for which he would otherwise be eligible, as a result 
of the maintenance of such information, the individual will be provided 
access to such information except to the extent that disclosure would 
reveal the identity of a confidential source.
    An exemption rule for this system has been promulgated in 
accordance with the requirements of 5 U.S.C. 553(b)(1), (2), and (3), 
(c) and (e) and published in 32 CFR part 701, subpart G. For additional 
information, contact the system manager.''

[FR Doc. 2012-22689 Filed 9-13-12; 8:45 am]
BILLING CODE 5001-06-P