[Federal Register Volume 64, Number 146 (Friday, July 30, 1999)]
[Notices]
[Pages 41401-41402]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 99-19469]
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DEPARTMENT OF DEFENSE
Department of the Navy
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 notice in its inventory of record systems subject to the
Privacy Act of 1974 (5 U.S.C. 552a), as amended. The alteration adds a
routine use to an existing system of records.
DATES: This action will be effective on August 30, 1999, unless
comments are received that would result in a contrary determination.
ADDRESSES: Send comments to the Department of the Navy, PA/FOIA Policy
Branch, Chief of Naval Operations (N09B30), 2000 Navy Pentagon,
Washington, DC 20350-2000.
FOR FURTHER INFORMATION CONTACT: Mrs. Doris Lama at (202) 685-6545 or
DSN 325-6545.
SUPPLEMENTARY INFORMATION: The Department of the Navy's record system
notices for records systems 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 was submitted on July 15, 1999, 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, (61
FR 6427, February 20, 1996).
Dated: July 26, 1999.
L. M. Bynum,
Alternate OSD Federal Register Liaison Officer, Department of Defense.
N05813-1
System name:
Ethics File (February 22, 1993, 58 FR 10775).
Changes:
* * * * *
System name:
Add `Professional Responsibility/' to beginning of entry.
System location:
Delete entry and replace with `Office of the Judge Advocate General
(Code 13), Department of the Navy, Washington Navy Yard, 1322 Patterson
Avenue SE, Suite 3000, Washington, DC 20374-5066.
Judge Advocate Division, Research and Civil Law Branch, 2 Navy
Annex, Washington, DC 20380-1775.'
Categories of individuals covered by the system:
Delete entry and replace with `Civilian and military lawyers who
have practiced, or are practicing, in proceedings conducted under the
supervision and cognizance of the Judge Advocate General of the Navy
(JAG), and whose professional or personal conduct has been the subject
of a professional responsibility/ethics complaint or investigation.'
Categories of records in the system:
Delete entry and replace with `Reports of investigation,
correspondence, and court papers relating to the professional
responsibility/ethics complaint brought against attorneys.'
Authority for maintenance of the system:
Delete entry and replace with `5 U.S.C. 301, Departmental
Regulations; 10 U.S.C. 826, 827; 32 CFR part 776; Rule for Courts-
Martial 109, Manual for Courts-Martial; and Judge Advocate General
Instruction 5803.1.'
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 not authorized to practice as legal
assistance attorneys before courts-martial or other proceedings
conducted under the Uniform Code of Military Justice (UCMJ), or in Navy
and Marine Corps administrative proceedings, and to document
professional responsibility/ethics violations and corrective action
taken.'
Routine uses of records maintained in the system, including categories
of users and the purposes of such uses:
Add a new paragraph `To attorney licensing and/or disciplinary
authorities as required to support professional responsibility
investigations and proceedings.'
* * * * *
Retention and disposal:
Delete entry and replace with `Records are maintained in office for
a minimum of two years. Records are retained for as long as an attorney
remains subject to JAG-imposed limitations on practice. Records
pertaining to unsubstantiated complaints, or to attorneys who are no
[[Page 41402]]
longer subject to limitations on practice, are destroyed after 10
years.'
* * * * *
N05813-1
System name:
Professional Responsibility/Ethics File.
System location:
Office of the Judge Advocate General (Code 13), Department of the
Navy, Washington Navy Yard, 1322 Patterson Avenue SE, Suite 3000,
Washington, DC 20374-5066.
Judge Advocate Division, Research and Civil Law Branch, 2 Navy
Annex, Washington, DC 20380-1775.
Categories of individuals covered by the system:
Civilian and military lawyers who have practiced, or are
practicing, in proceedings conducted under the supervision and
cognizance of the Judge Advocate General of the Navy (JAG), and whose
professional or personal conduct has been the subject of a professional
responsibility/ethics complaint or investigation.
Categories of records in the system:
Reports of investigation, correspondence, and court papers relating
to the professional responsibility/ethics complaint brought against
attorneys.
Authority for maintenance of the system:
5 U.S.C. 301, Departmental Regulations; 10 U.S.C. 826, 827; 32 CFR
part 776; Rule for Courts-Martial 109, Manual for Courts-Martial; and
Judge Advocate General Instruction 5803.1.
Purpose(s):
To record the disposition of professional responsibility/ethics
complaints; to provide a record of individual lawyers who are not
authorized to practice as legal assistance attorneys before courts-
martial or other proceedings conducted under the Uniform Code of
Military Justice (UCMJ), or in Navy and Marine Corps administrative
proceedings, and to document professional responsibility/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 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 attorney licensing and/or disciplinary authorities as required
to support professional responsibility investigations and proceedings.
The `Blanket Routine Uses' that appear at the beginning of the
Navy'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:
File folders.
Retrievability:
Files are kept in alphabetical order according to the last name of
the attorney concerned.
Safeguards:
Files are maintained in file cabinets and other storage devices
under the control of authorized personnel during working hours; the
office space in which the file cabinets and storage devices are located
is locked outside official working hours.
Retention and disposal:
Records are maintained in office for a minimum of two years.
Records are retained for as long as an attorney remains subject to JAG-
imposed limitations on practice. Records pertaining to unsubstantiated
complaints, or to attorneys who are no longer subject to limitations on
practice, are destroyed after 10 years.
System manager(s) and address:
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.
Director, Judge Advocate Division, 2 Navy Annex, Washington, DC
20380-1775.
Notification procedure:
Individuals seeking to determine whether this system contains
information about themselves should address written inquiries to the
Deputy Assistant Judge Advocate General (Administrative Law), Office of
the Judge Advocate General, Department of the Navy, 1322 Patterson
Avenue SE, Suite 3000, Washington, DC 20374-5066; or in the case of
USMC attorneys, Judge Advocate Division, Research and Civil Law Branch,
2 Navy Annex, Washington, DC 20380-1775.
The written request should include the full name of the individual
concerned and must be signed.
Personal visits may be made to the Deputy Assistant Judge Advocate
General (Administrative Law), Suite 7000, Presidential Towers,
Arlington, Virginia, or in the case of USMC attorneys, Room 5E588, The
Pentagon, Arlington, Virginia, during normal working hours, Monday
through Friday, 8 a.m. to 4:30 p.m. Individuals making such visits
should be able to provide some acceptable identification, e.g., Armed
Forces identification card, driver's license, etc.
Record access procedures:
Individuals seeking access to information about themselves
contained in this system should address written inquiries to the Deputy
Assistant Judge Advocate General (Administrative Law), Office of the
Judge Advocate General, Department of the Navy, 1322 Patterson Avenue
SE, Suite 3000, Washington, DC 20374-5066; or in the case of USMC
attorneys, Judge Advocate Division, Research and Civil Law Branch, 2
Navy Annex, Washington, DC 20380-1775.
The written request should include the full name of the individual
concerned and must be signed.
Personal visits may be made to the Deputy Assistant Judge Advocate
General (Administrative Law), Suite 7000, Presidential Towers,
Arlington, Virginia, or in the case of USMC attorneys, Room 5E588, The
Pentagon, Arlington, Virginia, during normal working hours, Monday
through Friday, 8 a.m. to 4:30 p.m. Individuals making such visits
should be able to provide some acceptable identification, e.g., Armed
Forces identification card, driver's license, etc.
Contesting record procedures:
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:
Correspondence from individuals, military judges, staff judge
advocates, and other military personnel; correspondence from the Judge
Advocate General of other branches of the Armed Forces; investigative
reports from Naval Criminal Investigative Service and other offices,
correspondence from other military and civilian authorities and copies
of court papers.
Exemptions claimed for the system:
None.
[FR Doc. 99-19469 Filed 7-29-99; 8:45 am]
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