Privacy Act of 1974; Notice To Add a System of Records

DEPARTMENT OF DEFENSE

Department of the Air Force

Privacy Act of 1974; Notice To Add a System of Records

AGENCY: Department of the Air Force, DoD.

ACTION: Notice to add a system of records.

-----------------------------------------------------------------------

SUMMARY: The Department of the Air Force proposes to add a record

system to its inventory of systems of records notices subject to the

Privacy Act of 1974 (5 U.S.C. 552a), as amended.

DATES: This action will be effective without further notice on January

3, 1995, unless comments are received that would result in a contrary

determination.

ADDRESSES: Send comments to the Assistant Air Force Access Programs

Officer, SAF/AAIA, 1610 Air Force Pentagon, Washington, DC 20330-1610.

FOR FURTHER INFORMATION CONTACT: Mrs. Anne Rollins at (703) 697-3491 or

DSN 227-3491.

SUPPLEMENTARY INFORMATION: The complete inventory of Department of Air

Force record system 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 was submitted on November 21, 1994, to the Committee on

Government Operations of the House of Representatives, the Committee on

Governmental Affairs of the Senate, 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 July 15, 1994 (59 FR 37906, July 25, 1994).

Dated: November 28, 1994.

Patricia L. Toppings,

Alternate OSD Federal Register Liaison Officer, Department of Defense.

F051 AF JA A

Judge Advocate General's Professional Conduct Files.

Office of the Ethics 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.

Judge advocates (active duty, reserve, or guard), civilian

attorneys employed by The Judge Advocate General's department 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.

Records include, but are not limited to 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.

10 U.S.C. 8037, Judge Advocate General, Deputy Judge Advocate

General: Appointment and duties; RCM 109, Manual for Courts- Martial

1984.

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) 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 ethics complaints and to document

ethics violations and corrective action taken.

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 Air Force `Blanket Routine Uses' set forth at the beginning of

the Air Force's compilation of systems of records notices apply to this

system.

Maintained in file folders, in computer, and on computer output

products.

Retrieved by name of individual.

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.

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.

Office of The Judge Advocate General, Ethics Administrator, 1420

Air Force Pentagon, Washington, DC 20330-1420.

Individuals seeking to determine whether this system of records

contains information on themselves should address written inquiries to

the Office of The Judge Advocate General, Ethics Administrator, 1420

Air Force Pentagon, Washington, DC 20330-1420.

Individuals seeking access to records about themselves contained in

this system should address written requests to the Office of The Judge

Advocate General, Ethics Administrator, 1420 Air Force Pentagon,

Washington, DC 20330-1420.

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.

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.

None.

[FR Doc. 94-29682 Filed 12-1-94; 8:45 am]

BILLING CODE 5000-04-F