[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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