[Federal Register: April 30, 2008 (Volume 73, Number 84)]
[Notices]
[Page 23434-23436]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr30ap08-58]
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DEPARTMENT OF DEFENSE
Department of the Air Force
[Docket ID: USAF-2008-0008]
Privacy Act of 1974; System of Records
AGENCY: Department of the Air Force, DoD.
ACTION: Notice To Alter a System of Records.
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SUMMARY: The Department of the Air Force proposes to alter a system of
records notice in its inventory of record systems subject to the
Privacy Act of 1974 (5 U.S.C. 552a), as amended.
DATES: The proposed action will be effective on May 30, 2008 unless
comments are received that would result in a contrary determination.
ADDRESSES: Send comments to the Air Force Privacy Act Officer, Office
of Warfighting Integration and Chief Information Officer, SAF/XCX, 1800
Air Force Pentagon, Suite 220, Washington, DC 20330-1800.
FOR FURTHER INFORMATION CONTACT: Ms. Novella Hill at (703) 696-6518.
SUPPLEMENTARY INFORMATION: The Department of the Air Force's 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 above.
The proposed systems reports, as required by 5 U.S.C. 552a(r) of
the Privacy Act, were submitted on April
[[Page 23435]]
10, 2008, to the House Committee on Oversight and 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,' dated February 8, 1996,
(February 20, 1996, 61 FR 6427).
Dated: April 23, 2008.
Patricia Toppings,
OSD Federal Register Liaison Officer, Department of Defense.
F051 AF JA A
System Name:
Judge Advocate General's Professional Conduct Files (June 11, 1997,
62 FR 31793).
Changes:
* * * * *
System Location:
Delete paragraph 1 and replace with ``Office of the Professional
Responsibility Administrator, Office of the Air Force Judge Advocate
General, 1420 Air Force Pentagon, Washington, DC 20330-1420.''
Add to entry ``National Guard Bureau, Judge Advocate's Office (NGB/
JA), 1411 Jefferson Davis Highway, Arlington, VA 22202.''
Categories of Individuals Covered by the System:
Delete entry and replace with ``Judge advocates (active duty,
reserve, or guard), civilian attorneys employed by The Judge Advocate
General's Corps and civilian attorneys subject to the disciplinary
authority of The Judge Advocate General who have been the subject of a
complaint related to their professional conduct.''
Categories of records in the system:
Delete entry and replace with ``Records include, but are not
limited to name, address, social security number (SSN); complaints with
substantiating documents; letters/transcriptions of complaints,
allegations and queries; letters of appointment; reports of reviews,
inquiries, and investigations with supporting attachments, exhibits and
photographs; records of interviews; witness statements;
recommendations; reports of legal reviews of case files; reports of
Advisory Committee reviews; congressional responses; memoranda; letters
and reports of findings and actions taken; letters to complainants and
subjects of investigations; letters of rebuttal from subjects;
financial, personnel, administrative, adverse information, and
technical reports.''
* * * * *
Purposes:
Delete paragraph 3 and replace with ``To ensure licensing agencies
of the individual states (including the District of Columbia, Puerto
Rico, Guam, American Samoa, the U.S. Virgin Islands and the
Commonwealth of the Northern Mariana Islands), and the various courts
that licensed Air Force attorneys are advised of adverse determinations
documenting violations of the rules of professional responsibility
affecting an attorney's fitness to practice law, this in an effort to
protect the Air Force and the general public from substandard legal
practitioners.''
Delete paragraph 4 and replace with ``To record the disposition of
professional responsibility complaints and to document professional
responsibility violations and corrective action taken.''
* * * * *
System Manager(s) and Address:
Delete entry and replace with ``Office of The Judge Advocate
General, Professional Responsibility Administrator, 1420 Air Force
Pentagon, Washington, DC 20330-1420.''
Notification Procedure:
Delete entry and replace with ``Individuals seeking to determine
whether this system of records contains information about themselves
should address written inquiries to the Office of The Judge Advocate
General, Professional Responsibility Administrator, 1420 Air Force
Pentagon, Washington, DC 20330-1420.
Written inquiries should include full name, mailing address, and
Social Security Number (SSN).''
Record Access Procedures:
Delete entry and replace with ``Individuals seeking access to
records about themselves contained in this system should address
written requests to the Office of The Judge Advocate General,
Professional Responsibility Administrator, 1420 Air Force Pentagon,
Washington, DC 20330-1420.
Written inquiries should include full name, mailing address, and
Social Security Number (SSN).''
* * * * *
Exemptions Claimed for the System:
Delete paragraph, Replace with ``Exemption (k)(2), 5 U.S.C. 552a.
Investigatory material compiled for law enforcement purposes, other
than material within the scope of subsection 5 U.S.C. 552a(j)(2), may
be exempt pursuant to 5 U.S.C. 552a(k)(2). However, if an individual is
denied any 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 the information, the individual will be
provided access to the information except to the extent that disclosure
would reveal the identity of a confidential source.''
* * * * *
F051 AF JA A
System Name:
Judge Advocate General's Professional Conduct Files
System Location:
Office of the Professional Responsibility Administrator, Office of
the Air Force Judge Advocate General, 1420 Air Force Pentagon,
Washington, DC 20330-1420;
Army-Air Force Exchange Service Headquarters, General Counsel, P.O.
Box 660202, Dallas, TX 75266-0202;
Defense Commissary Agency Headquarters, General Counsel, Building
P11200, Fort Lee, VA 23801; and
Defense Logistics Agency, Judge Advocate, Alexandria, VA 22310-
6130.
The Judge Advocate's office at headquarters of major commands,
field operating offices, and unified commands. Official mailing
addresses are published as an appendix to the Air Force's compilation
of systems of records notices.
National Guard Bureau, Judge Advocate's Office (NGB/JA), 1411
Jefferson Davis Highway, Arlington, VA 22202.
Categories of Individuals Covered by the System:
Judge advocates (active duty, reserve, or guard), civilian
attorneys employed by The Judge Advocate General's Corps and civilian
attorneys subject to the disciplinary authority of The Judge Advocate
General who have been the subject of a complaint related to their
professional conduct.
Categories of records in the system:
Records include, but are not limited to name, address, social
security number (SSN); complaints with substantiating documents;
letters/transcriptions of complaints, allegations and queries; letters
of appointment; reports of reviews, inquiries, and investigations with
supporting attachments, exhibits and photographs; records of
interviews; witness
[[Page 23436]]
statements; recommendations; reports of legal reviews of case files;
reports of Advisory Committee reviews; congressional responses;
memoranda; letters and reports of findings and actions taken; letters
to complainants and subjects of investigations; letters of rebuttal
from subjects; financial, personnel, administrative, adverse
information, and technical reports.
Authority for Maintenance of the System:
10 U.S.C. 8037, Judge Advocate General, Deputy Judge Advocate
General: Appointment and duties; RCM 109, Manual for Courts-Martial,
1984 and Executive Order 9397 (SSN).
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.
To ensure the proper qualifications for the practice of law are met
and maintained by each attorney practicing under the direct or indirect
supervision of The Judge Advocate General.
To ensure licensing agencies of the individual states (including
the District of Columbia, Puerto Rico, Guam, American Samoa, the U.S.
Virgin Islands and the Commonwealth of the Northern Mariana Islands),
and the various courts that licensed Air Force attorneys are advised of
adverse determinations documenting violations of the rules of
professional responsibility affecting an attorney's fitness to practice
law, this in an effort to protect the Air Force and the general public
from substandard legal practitioners.
To record the disposition of professional responsibility complaints
and to document professional responsibility 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, or information 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 federal and state agencies or bar associations charged with
licensing and authorizing attorneys to practice law, and to various
courts authorizing attorneys to practice before said courts, in order
to protect the public and ensure the proper administration of justice.
To current and potential governmental employers during authorized
background checks to assist their efforts to protect the public and
ensure the proper administration of justice.
The `Blanket Routine Uses' published at the beginning of the Air
Force's compilation of systems of records notices apply to this system.
Policies and Practices for Storing, Retrieving, Accessing, Retaining,
and Disposing of Records in the System:
Storage:
Maintained in file folders, in computer, and on computer output
products.
Retrievability:
Retrieved by name of individual.
Safeguards:
Records are accessed by person(s) responsible for servicing the
record system in performance of their official duties and by authorized
personnel who are properly screened and cleared for need-to-know.
Records are stored in locked rooms and cabinets. Those in computer
storage devices are protected by computer system software. Computers
must be accessed with a password.
Retention and Disposal:
Retained in office files for three (3) years after year in which
case is closed. Records are destroyed by tearing into pieces,
shredding, pulping, macerating or burning. Computer records are
destroyed by erasing, deleting or overwriting.
System Manager(s) and Address:
Office of The Judge Advocate General, Professional Responsibility
Administrator, 1420 Air Force Pentagon, Washington, DC 20330-1420.
Notification Procedure:
Individuals seeking to determine whether this system of records
contains information about themselves should address written inquiries
to the Office of The Judge Advocate General, Professional
Responsibility Administrator, 1420 Air Force Pentagon, Washington, DC
20330-1420.
Written inquiries should include full name, mailing address, and
Social Security Number (SSN).
Record Access Procedures:
Individuals seeking access to records about themselves contained in
this system should address written requests to the Office of The Judge
Advocate General, Professional Responsibility Administrator, 1420 Air
Force Pentagon, Washington, DC 20330-1420.
Written inquiries should include full name, mailing address, and
Social Security Number (SSN).
Contesting Record Procedures:
The Air Force rules for accessing records, and for contesting
contents and appealing initial agency determinations are published in
Air Force Instruction 37-132; 32 CFR part 806b; or may be obtained from
the system manager.
Record Source Categories:
Information is received from individuals; federal, state and local
authorities; other Air Force records; state bar records; law
enforcement records; educational records; complainants; inspectors;
witnesses and subjects of inquiries.
Exemptions Claimed for the System:
Exemption (k)(2), 5 U.S.C. 552a. Investigatory material compiled
for law enforcement purposes, other than material within the scope of
subsection 5 U.S.C. 552a(j)(2), may be exempt pursuant to 5 U.S.C.
552a(k)(2). However, if an individual is denied any 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 the information, the individual will be provided access
to the information except to the extent that disclosure would reveal
the identity of a confidential source.
[FR Doc. E8-9387 Filed 4-29-08; 8:45 am]
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