[Federal Register Volume 62, Number 234 (Friday, December 5, 1997)]
[Notices]
[Pages 64367-64370]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 97-31865]


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DEPARTMENT OF DEFENSE

Department of the Navy


Privacy Act of 1974; System of Records

AGENCY: Department of the Navy
ACTION: Notice of a System of Records

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SUMMARY: An administrative oversight occurred when a listed change to a 
system of records notice published on November 20, 1997, at 62 FR 62020 
was not incorporated into the notice, as amended. Therefore, the notice 
is being republished in its entirety.
EFFECTIVE DATE: December 5, 1997.
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 complete inventory of 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.
    An administrative oversight occurred when a listed change to a 
system of records notice published on November 20, 1997, at 62 FR 62020 
was not incorporated into the notice, as amended. Therefore, the notice 
is being republished in its entirety.
    Dated: November 28, 1997.

L.M. Bynum,
Alternate OSD Federal Register Liaison Officer, Department of Defense.
N01752-1

System name:
    Family Advocacy Program System.

System location:
    Navy Case Files: Family Service Center, Family Advocacy Center, 
and/or Medical Treatment Facilities at the local naval activity that 
services the local beneficiaries. Official mailing addresses for naval 
activities are published as an appendix to the Department of the Navy's 
compilation of systems of records notices.
    Marine Corps Family Advocacy Program Records: Marine Corps 
installations with a Family Service Center. Official mailing addresses 
are published as an appendix to the Department of the Navy's 
compilation of records notices.
    Navy Central Registry: Commanding Officer, Naval Medical Management 
Information Center, 8901 Wisconsin Avenue, Bethesda, MD 20889-5066.
    Marine Corps Central Registry: Commandant of the Marine Corps; 
Head, Family Advocacy Program (MHF-25), Headquarters, U.S. Marine 
Corps, 2 Navy Annex, Washington, DC 20380-1775.

[[Page 64368]]

    Navy Centralized Child Sexual Abuse Case Files: Chief of Naval 
Personnel (Pers-661), 2 Navy Annex, Washington, DC 20370-6610.

Categories of individuals covered by the system:
    All beneficiaries entitled to care at Navy medical and dental 
facilities whose abuse or neglect is brought to the attention of 
appropriate authorities.
    All beneficiaries reported for abusing or neglecting such victims.
    Victims/offenders not associated with the Department of the Navy 
and who are not generally entitled to care at Navy medical and dental 
facilities.

Categories of records in the system:
    Navy Family Advocacy Case Files:
    (a) Victim's file consists of risk assessment which includes the 
following forms: incident report, eligibility decision, demographics, 
safety assessment, safety response, risk focused assessment reports 
(DOMAINS I, II, IV, V, VI, VII), risk assessment matrix, risk 
assessment summary, risk assessment findings, intervention plan, and 
Case Review Committee presentation; video/audio tapes of contact with 
victim; case notes about victim; Family Advocacy Program generated 
correspondence regarding abuse or neglect of victim; Original copy of 
DD Form 2486; Privacy Act Statement signed by victim; contacts with 
children who are not victims of abuse or neglect, and other supporting 
data assembled relevant to the abuse or neglect and generated by FAP 
staff that are specific to the victim.
    (b) Offender's file consists of assessment with offender; 
demographics; video-audio tapes of contacts with offender; case notes 
on contacts with offender; case notes about offender; risk focused 
assessment report DOMAIN III (alleged offender characteristics); Family 
Advocacy Program (FAP) generated correspondence regarding offender; 
Privacy Act Statement signed by offender; and other supporting data 
assembled relevant to the abuse or neglect and generated by the FAP 
staff that are specific to the offender.
    (c) Documentation generated outside of the Family Advocacy Program 
(Naval Criminal Investigative Service reports; local police reports; 
Base Security Incident Complaint Reports; psychiatric and substance 
abuse evaluations; treatment reports; copies of pertinent medical 
entries; Child Protective Service reports; shelter reports; 
photographs; correspondence generated outside the Family Advocacy 
Program; and other supporting data assembled relevant to the abuse or 
neglect and generated outside the FAP that are specific to either the 
victim(s) or offender(s) (e.g., Military Protective Orders, barring 
letters, and civilian temporary restraining orders) are maintained in a 
separate folder and are retrieved by case number.
    Marine Corps Program Family Advocacy Program Files:
    (a) Victim's file consists of client's fact sheet (demographics); 
Privacy Act Statement signed by victim; Limits of Privacy Statement 
signed by victim; initial assessment; CRC Case Assessment with risk 
assessment; audio/video tapes of contact with victim; safety plan; 
notes on collateral contacts about victim; case notes; CRC case status 
determination; CRC generated correspondence; Command's Case disposition 
and recommendation approval letter; original copy of DD Form 2486 and 
other relevant supporting data generated by the FAP staff that is 
specific to the victim.
    (b) Offender's file consists of client's fact sheet (demographics); 
Privacy Act Statement signed by offender; Limits of Privacy Statement 
signed by offender; initial assessment; CRC Case Assessment; audio/
video tapes of contacts with offender; case notes on collateral 
contacts regarding offender; case notes; CRC case status determination; 
CRC generated correspondence; Command's Case disposition and 
recommendation approval letter; copy of DD Form 2486 and other relevant 
supporting data generated by the FAP staff that is specific to the 
offender.
    (c) Documentation generated outside of the Family Advocacy Program 
(Naval Criminal Investigative Service reports; local police reports; 
Base Security Incident Complaint Reports; psychiatric and substance 
abuse evaluations; treatment reports; copies of pertinent medical 
entries; Child Protective Service reports; shelter reports; 
photographs; correspondence generated outside the Family Advocacy 
Program; and other supporting data assembled relevant to the abuse or 
neglect and generated outside the FAP that are specific to either the 
victim(s) or offender(s) (e.g., Military Protective Orders, barring 
letters, and civilian temporary restraining orders) are maintained in a 
separate folder and are retrieved by case number.
    Both the Navy and Marine Corps Central Registries contain data 
elements extracted from DD 2486, Child/Spouse Abuse Incident Report.

Authority for maintenance of the system:
    5 U.S.C. 301, Departmental Regulations; DoD Directive 6400.1, 
6400.1-M, 6400.2; Secretary of the Navy Instruction 1752.3A; OPNAVINST 
1752.2A; BUMEDINST 6320.22; and MCO 1752.3B (FAP SOP); and E.O. 9397 
(SSN).

Purpose(s):
    To collect information pertaining to the identification, 
prevention, evaluation, intervention, treatment and rehabilitation of 
beneficiaries involved in abuse or neglect.
    To provide headquarters centralized case management of child sexual 
abuse incidents (for Navy only).
    To provide pertinent case-related information to DoD and DON 
officials, other than Commanding Officers, responsible for specific 
case interventions in abuse and/or neglect incidents (e.g., clinical 
counselors providing counseling/treatment to victims and/or offenders, 
medical personnel providing medical treatment to victims and/or 
offenders).
    To provide specific data on assessed risk, safety needs, case 
status, and recommended actions to commanding officers of FAP involved 
service members.
    To provide case specific information to headquarters personnel for 
necessary review and oversight.
    Purposes of the Central Registries: To support local FAP case 
management to include tracking of individuals, identification of prior 
FAP involvement, and monitoring of caseloads.
    To support FAP budget and staffing requirements and policy changes.
    To support the BUPERS flagging and assignment control process for 
FAP involved service members.
    To provide information in support of the 'Installation Records 
Check (IRC)' required by OPNAVINST 1700.9D for screening applicants for 
any position which involves the care and/or supervision of children.
    To provide the Defense Manpower Data Center (DMDC) with non-
identifying data from the Navy Central Registry data tapes.
    To support FAP research efforts.
    To respond to public and/or other government agencies' requests for 
aggregate data.

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 64369]]

DoD as a routine use pursuant to 5 U.S.C. 552a(b)(3) as follows:
    To the Executive Branch of government in the performance of their 
official duties relating to the coordination of family advocacy 
programs, medical care, and research concerning family member abuse or 
neglect.
    To federal, state or local government agencies when it is deemed 
appropriated to utilize civilian resources in the counseling and 
treatment of individuals or families involved in abuse or neglect or 
when it is deemed appropriate or necessary to refer a case to civilian 
authorities for civil or criminal law enforcement.
    To contractors, private and public individuals/organizations for 
authorized health research in the interest of the federal government 
and the public. When not considered necessary, client identification 
data shall be eliminated from records used for research studies.
    To officials and employees of federal, state, and local governments 
and agencies when required by law and/or regulation in furtherance of 
local communicable disease control, family abuse prevention programs, 
preventive medicine and safety programs, and other public health and 
welfare programs.
    To officials and employees of local and state governments and 
agencies in the performance of their official duties relating to 
professional certification, licensing, and accreditation of health care 
providers.
    To law enforcement officials to protect the life and welfare of 
third parties. This release will be limited to necessary information. 
Consultation with the hospital or regional judge advocate is advised.
    The `Blanket Routine Uses' that appear at the beginning of the 
Navy's compilation of systems notices also apply to this system.
    NOTE: Records of identity, diagnosis, prognosis or treatment of any 
patient which are maintained in connection with the performance of any 
program or activity relating to substance abuse education, prevention, 
training, treatment, rehabilitation, or research, which is conducted, 
regulated, or directly or indirectly assisted by any department or 
agency of the United States shall, except as provided in 42 U.S.C. 
290dd-2, be confidential and be disclosed only for the purposes and 
under the circumstances expressly authorized in 42 U.S.C. 290dd-2. 
These statutes take precedence over the Privacy Act of 1974 in regard 
to accessibility of such records except to the individual to whom the 
record pertains. The `Blanket Routine Uses' do not apply to these types 
of records.

Policies and practices for storing, retrieving, accessing, retaining, 
and disposing of records in the system:
Storage:
    Records may be stored in file folders, microfilm, magnetic tape, 
machine lists, discs, and other computerized or machine readable media.

Retrievability:
    Victim's file is retrieved by name of victim, case number, their 
Social Security Number, and/or year of incident.
    Alleged offender's file is retrieved by alleged offender's name, 
case number, their Social Security Number and/or year of incident.
    Central registry data is retrieved by any identifying data element 
on the DD Form 2486.

Safeguards:
    These files are highly sensitive and must be protected from 
unauthorized disclosure. While records may be maintained in various 
kinds of filing equipment, specific emphasis is given to ensuring that 
the equipment areas are monitored or have controlled access. Access to 
records or information or the central registry is limited to those 
officials who have been properly screened and trained and/or have a 
need to know consistent with the purpose for which the information was 
collected. The threshold for 'need to know' is strictly limited to 
those officials who are responsible for the identification, prevention, 
evaluation, intervention, treatment and rehabilitation of beneficiaries 
involved in abuse or neglect. Also pertinent information is limited to 
DoD and DON officials responsible for intervening in abuse and/or 
neglect incidents.
    Information maintained on a computer requires password protection. 
Computer terminals are located in supervised areas with access 
controlled system.
    Family Advocacy Program Staff will ensure that the in-take 
assessment and clinical notes are not duplicated and placed in both the 
victim and alleged offender's files.

Retention and disposal:
    Family Advocacy Program case records are maintained at the activity 
4 years after the last entry in the file. If there is no subsequent 
activity 4 years after closure, the records are transferred to the 
National Personnel Records Center, 9600 Page Boulevard, St. Louis, MO 
63132-5100, where they are retained for 50 years and then destroyed.
    Navy Central Registry data base is retained permanently at the 
Naval Medical Information Management Center, 8901 Wisconsin Avenue, 
Bethesda, MD 20889-5066.
    Marine Corps Central Registry data is retained permanently by the 
Commandant of the Marine Corps (MHF-20), Headquarters. U.S. Marine 
Corps, 2 Navy Annex, Washington, DC 20380-1775.

System manager(s) and address:
    Navy Central Registry: Commanding Officer, Naval Medical Management 
Information Center, 8901 Wisconsin Avenue, Bethesda, MD 20889-
5066.Marine Corps Central Registry: Commandant of the Marine Corps; 
Head, Family Advocacy Program (MHF-25), Headquarters, U.S. Marine 
Corps, 2 Navy Annex, Washington, DC 20380-1775.
    Navy Centralized Child Sexual Abuse Case Files: Chief of Naval 
Personnel (Pers-661), 2 Navy Annex, Washington, DC 20370-6610.
    Case Files: Commanding officers of installations with Family 
Service Centers, Medical Treatment Facilities, or Family Advocacy 
Centers at naval and marine corps activities. Official mailing 
addresses are published as an appendix to the Department of the Navy's 
compilation of systems of records notices.

Notification procedure:
    Individuals seeking to determine whether this system of records 
contains information in the case files about themselves should address 
written inquiries to the commanding officer of the naval activity from 
which they received treatment. Official mailing addresses are published 
as an appendix to the Navy's compilation of systems of records.
    Request should contain the full name and Social Security Number of 
the individual, and/or year of the incident.

    Individuals seeking to determine whether this system of records 
contains information in the Navy Central Registry about themselves 
shall address written inquiries for Navy case to the Chief, Bureau of 
Medicine and Surgery, 2300 E Street NW, Washington, DC 20372-5120.
    For the Marine Corps Central Registry address written inquiries to 
the Commandant of the Marine Corps (MHF-25) Headquarters, U.S. Marine 
Corps, 2 Navy Annex, Washington, DC 20380-1775.

[[Page 64370]]

    Requests should contain the full name and Social Security Number of 
the individual.

    Individuals seeking to determine whether this system of records 
contains information in the centralized Child Sexual Abuse files about 
themselves should address written inquiries to the Chief of Naval 
Personnel (Pers-661) 2 Navy Annex, Washington, DC 20370-6610.
    Requests should contain the full name and Social Security Number of 
the individual.

Record access procedures:
    Individuals seeking to access records about themselves in the case 
files should address written inquiries to the commanding officer of the 
naval activity from which they received treatment. Official mailing 
addresses are published as an appendix to the Navy's compilation of 
systems of records.
    Request should contain the full name and Social Security Number of 
the individual, and/or year of the incident.

    Individuals seeking to access information from the Navy Central 
Registry about themselves shall address written inquiries for the Navy 
Central Registry to the Chief, Bureau of Medicine and Surgery, 2300 E 
Street NW, Washington, DC 20372-5120;
    For the Marine Corps Central Registry address written inquiries to 
the Commandant of the Marine Corps (MHF-25) Headquarters, U.S. Marine 
Corps, 2 Navy Annex, Washington, DC 20380-1775.
    Request should contain the full name and Social Security Number of 
the individual.

    Individuals seeking to access records about themselves contained in 
the centralized Child Sexual Abuse files about themselves should 
address written inquiries to the Chief of Naval Personnel (Pers-661) 2 
Navy Annex, Washington, DC 20370-6610.
    Requests should contain the full name and Social Security Number of 
the individual.

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:
    Victim; offender; other DoD component Central Registries; medical 
and dental records; educational institutions; medical facilities; 
private practitioners; law enforcement agencies; public and private 
health and welfare agencies, and witnesses.

Exemptions claimed for the system:
    Investigatory material compiled for law enforcement purposes 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.
    Investigatory material compiled solely for the purpose of 
determining suitability, eligibility, or qualifications for federal 
civilian employment, military service, federal contracts, or access to 
classified information may be exempt pursuant to 5 U.S.C. 552a(k)(5), 
but only to the extent that such material would reveal the identity of 
a confidential source.
    An exemption rule for this system has been promulgated in 
accordance with requirements of 5 U.S.C. 553(b)(1), (2), and 3, (c) and 
(e) and published in 32 CFR part 701, subpart G. For additional 
information contact the system manager.
[FR Doc. 97-31865 Filed 12-4-97; 8:45 am]
BILLING CODE 5000-04-F