[Federal Register: July 18, 2008 (Volume 73, Number 139)]
[Notices]
[Page 41335-41337]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr18jy08-63]
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DEPARTMENT OF DEFENSE
Department of the Army
[Docket ID: USA-2208-0022]
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 proposing to alter a system of
records in its existing inventory of records systems subject to the
Privacy Act of 1974, (5 U.S.C. 552a), as amended.
DATES: The proposed action will be effective on August 18, 2008, unless
comments are received that would result in a contrary determination.
ADDRESSES: Department of the Army, Freedom of Information/Privacy
Division, U.S. Army Records Management and Declassification Agency,
7701 Telegraph Road, Casey Building, Suite 144, Alexandria, VA 22325-
3905.
FOR FURTHER INFORMATION CONTACT: Ms. Vicki Short at (703) 428-6508.
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 July 9, 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: July 11, 2008.
Patricia L. Toppings,
OSD Federal Register Liaison Officer, Department of Defense.
A0600-85 DAPE
System name:
Army Substance Abuse Program (May 9, 2003, 68 FR 24954).
Changes:
* * * * *
Categories of individuals covered by the system:
Delete entry and replace with ``Active Army, Army National Guard,
U.S. Army Reserve and family members, Army civilian employees, and
military retirees who are screened and/or enrolled in the Army
Substance Abuse Program.''
Categories of records in the system:
Delete entry and replace with ``Copies of patient intake records,
progress reports, psychosocial histories, counselor observations and
impressions of patient's behavior and rehabilitation progress; copies
of medical consultation and laboratory procedures performed, results of
biochemical urinalysis for alcohol/drug abuse, Patient Intake/Screening
record--PIR; Patient Progress
[[Page 41336]]
Report--PPR; Resource and Performance Report; and Specimen Custody
Document--Drug Testing; electronic copies of Patient Intake/Screening
record--PIR; Patient Progress Report--PPR; Resource and Performance
Report; and Specimen Custody Document--Drug Testing High Risk behavior
statistics, training materials, substance abuse information, user
access information, survey data, demographic composites of the data
elements and similar or related documents.''
* * * * *
Purpose(s):
Delete entry and replace with ``To identify alcohol and drug
abusers within the Army; to treat, counsel, and rehabilitate
individuals who participate in the Army Substance Abuse Program; as a
management tool to identify trends, judge the magnitude of drug and
alcohol abuse, and to measure the effectiveness of drug and alcohol
prevention efforts in the Army.''
Routine uses of records maintained in the system, including categories
of users and the purposes of such uses:
Delete fifth paragraph and replace with ``To medical personnel to
the extent necessary to meet a bona fide medical emergency or to assess
and provide necessary substance abuse treatment.''
Add the following uses: ``For validated background checks of
individuals requesting security clearances with appropriate releases
from the individual.''
Storage:
Delete entry and replace with ``Paper records in locked metal
containers and electronic storage media.''
Retrievability:
Delete entry and replace with ``By patient's surname, Social
Security Number (SSN) or other individually identifying
characteristic.''
Safeguards:
Delete entry and replace with ``Paper records are maintained in
locked file cabinets in a restricted access area. Information is
accessible only by authorized personnel with appropriate clearance/
access in the performance of their duties. Electronic records are
stored in a secured accredited database with firewalls and other
security measures. All SSN data is encrypted and no names are
available. The database hardware is stored in a secured room with
limited access.''
Retention and disposal:
Delete entry and replace with ``Permanent. Keep in current files
area until no longer needed for conducting business, then retire to
Records Holding Area/Army Electronic Archives (RHA/AEA). The RHA/AEA
will transfer to the National Archives when record is 20 years old.''
System manager(s) and address:
Delete entry and replace with ``Deputy Chief of Staff, G-1,
Headquarters, Department of the Army, 300 Army Pentagon, Washington, DC
20320-3000.''
Notification procedure:
Add sentence at the end of second paragraph ``If an unsworn
declaration is executed within the United States, its territories,
possessions, or commonwealths, it shall read ``I declare (or certify,
verify, or state) under penalty of perjury that the foregoing is true
and correct. Executed on (date). (Signature).''
If an unsworn declaration is executed outside the United States, it
shall read ``I declare (or certify, verify, or state) under penalty of
perjury under the laws of the United States of America that the
foregoing is true and correct. Executed on (date). (Signature).''
Denial to amend records in this system can be made only by the
Deputy Chief of Staff, G-1.''
Record access procedures:
Add sentence at the end of second paragraph ``If an unsworn
declaration is executed within the United States, its territories,
possessions, or commonwealths, it shall read ``I declare (or certify,
verify, or state) under penalty of perjury that the foregoing is true
and correct. Executed on (date). (Signature).''
If an unsworn declaration is executed outside the United States, it
shall read ``I declare (or certify, verify, or state) under penalty of
perjury under the laws of the United States of America that the
foregoing is true and correct. Executed on (date). (Signature).''
Denial to amend records in this system can be made only by the
Deputy Chief of Staff, G-1.''
* * * * *
A0600-85 DAPE
System name:
Army Substance Abuse Program.
System location:
Primary location: Army Substance Abuse Program (ASAP)
rehabilitation/counseling facilities (e.g., Community Counseling
Center/ASAP Counseling Facilities) at Army installations and
activities. Official mailing addresses are published as an appendix to
the Army's compilation of record system notices.
Secondary location:
Army Center for Substance Abuse Program, 4501 Ford Avenue, Suite
320, Alexandra, VA 22302-1460.
Categories of individuals covered by the system:
Active Army, Army National Guard, U.S. Army Reserve and family
members, Army civilian employees, and military retirees who are
screened and/or enrolled in the Army Substance Abuse Program.
Categories of records in the system:
Copies of patient intake records, progress reports, psychosocial
histories, counselor observations and impressions of patient's behavior
and rehabilitation progress; copies of medical consultation and
laboratory procedures performed, results of biochemical urinalysis for
alcohol/drug abuse, Patient Intake/Screening record--PIR; Patient
Progress Report--PPR; Resource and Performance Report; and Specimen
Custody Document--Drug Testing. Electronic Copies of Patient Intake/
Screening record--PIR; Patient Progress Report--PPR; Resource and
Performance Report; and Specimen Custody Document--Drug Testing High
Risk behavior statistics, training materials, substance abuse
information, user access information, survey data, demographic
composites of the data elements and similar or related documents.
Authority for maintenance of the system:
10 U.S.C. 3013, Secretary of the Army; 42 U.S.C. 290dd-2; Federal
Drug Free Workplace Act of 1988; Army Regulation 600-85, Army Substance
Abuse Program; and E.O. 9397 (SSN).
Purpose(s):
To identify alcohol and drug abusers within the Army; to treat,
counsel, and rehabilitate individuals who participate in the Army
Substance Abuse Program; as a management tool to identify trends, judge
the magnitude of drug and alcohol abuse, and to measure the
effectiveness of drug and alcohol prevention efforts in the Army.
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
[[Page 41337]]
DoD as a routine use pursuant to 5 U.S.C. 552a(b)(3) as follows:
The Patient Administration Division at the medical treatment
facility with jurisdiction is responsible for the release of medical
information to malpractice insurers in the event of malpractice
litigation or prospect thereof.
Information is disclosed only to the following persons/agencies:
To health care components of the Department of Veterans Affairs
furnishing health care to veterans.
To medical personnel to the extent necessary to meet a bona fide
medical emergency or to assess and provide necessary substance abuse
treatment.
For validated background checks of individuals requesting security
clearances with appropriate releases from the individual.
To qualified personnel conducting scientific research, audits, or
program evaluations, provided that a patient may not be identified in
such reports, or his or her identity further disclosed by such
personnel.
In response to a court order based on the showing of good cause in
which the need for disclosure and the public's interest is shown to
exceed the potential harm that would be incurred by the patient, the
physician-patient relationship, and the Army's treatment program.
Except as authorized by a court order, no record may be used to
initiate or substantiate any criminal charges against a patient or to
conduct any investigation of a patient.
Note: Records of identity, diagnosis, prognosis, or treatment of
any client/patient, irrespective of whether or when he/she ceases to
be a client/patient, maintained in connection with the performance
of any alcohol or drug abuse prevention and treatment function
conducted, requested, or directly or indirectly assisted by any
department or agency of the United States, shall, except as provided
therein, be confidential and be disclosed only for the purposes and
under circumstances expressly authorized in 42 U.S.C. 290dd-2. This
statute takes precedence over the Privacy Act of 1974 to the extent
that disclosure is more limited. However, access to the record by
the individual to whom the record pertains is governed by the
Privacy Act. The DoD `Blanket Routine Uses' set forth at the
beginning of the Army's compilation of systems of records notices do
not apply to this information.
Note: This system of records contains individually identifiable
health information. The DoD Health Information Privacy Regulation
(DoD 6025.18-R) issued pursuant to the Health Insurance Portability
and Accountability Act of 1996, applies to most such health
information. DoD 6025.18-R may place additional procedural
requirements on the uses and disclosures of such information beyond
those found in the Privacy Act of 1974 or mentioned in this system
of records notice.
Policies and practices for storing, retrieving, accessing, retaining,
and disposing of records in the system:
Storage:
Paper records in locked metal containers and electronic storage
media.
Retrievability:
By patient's surname, Social Security Number (SSN) or other
individually identifying characteristic.
Safeguards:
Paper records are maintained in locked file cabinets in a
restricted access area. Information is accessible only by authorized
personnel with appropriate clearance/access in the performance of their
duties. Electronic records are stored in a secured accredited database
with firewalls and other security measures. All SSN data is encrypted
and no names are available. The database hardware is stored in a
secured room with limited access.
Retention and disposal:
Permanent. Keep in current files area until no longer needed for
conducting business, then retire to Records Holding Area/Army
Electronic Archives (RHA/AEA). The RHA/AEA will transfer to the
National Archives when record is 20 years old.
System manager(s) and address:
Deputy Chief of Staff, G-1, Headquarters, Department of the Army,
300 Army Pentagon, Washington, DC 20320-3000.
Notification procedure:
Individuals seeking to determine if information about themselves is
contained in this record system should address written inquiries to
either the commander of the medical center/medical department activity
where treatment was obtained or the Army Center for Substance Abuse
Programs, 4501 Ford Avenue, Suite 320, Alexandria, VA 22302-1460.
Official mailing addresses are published as an appendix to the Army's
compilation of record system notices.
Individual should provide the full name, Social Security Number
(SSN), date of birth, current address, telephone number, and signature.
If an unsworn declaration is executed within the United States, its
territories, possessions, or commonwealths, it shall read ``I declare
(or certify, verify, or state) under penalty of perjury that the
foregoing is true and correct. Executed on (date). (Signature).''
If an unsworn declaration is executed outside the United States, it
shall read ``I declare (or certify, verify, or state) under penalty of
perjury under the laws of the United States of America that the
foregoing is true and correct. Executed on (date). (Signature).''
Note: Denial to amend records in this system can be made only by
the Deputy Chief of Staff, G-1.
Record access procedures:
Individuals seeking access to records about themselves contained in
this record system should address written inquiries to either the
commander of the medical center/medical department activity where
treatment was obtained or the Army Center for Substance Abuse Programs,
4501 Ford Avenue, Suite 320, Alexandria, VA 22302-1460. Official
mailing addresses are published as an appendix to the Army's
compilation of record system notices.
Individual should provide the full name, Social Security Number,
date of birth, current address and telephone number, and signature.
If an unsworn declaration is executed within the United States, its
territories, possessions, or commonwealths, it shall read ``I declare
(or certify, verify, or state) under penalty of perjury that the
foregoing is true and correct. Executed on (date). (Signature).''
If an unsworn declaration is executed outside the United States, it
shall read ``I declare (or certify, verify, or state) under penalty of
perjury under the laws of the United States of America that the
foregoing is true and correct. Executed on (date). (Signature).''
Note: Denial to amend records in this system can be made only by
the Deputy Chief of Staff G-1.
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:
From the individual by interviews and history statement; abstracts
or copies of pertinent medical records; abstracts from personnel
records; results of tests; physicians' notes, observations of client's
behavior; related notes, papers, and forms from counselor, clinical
director, and/or commander.
Exemptions claimed for the system:
None.
[FR Doc. E8-16415 Filed 7-17-08; 8:45 am]
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