[Federal Register Volume 64, Number 17 (Wednesday, January 27, 1999)]
[Notices]
[Pages 4075-4077]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 99-1788]


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DEPARTMENT OF DEFENSE

Department of the Army


Privacy Act of 1974; System of Records

AGENCY: Department of the Army, DoD.
ACTION: Notice to Amend System of Records.

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SUMMARY: The Department of the Army is amending a system of records 
notice in its existing inventory of record systems subject to the 
Privacy Act of 1974, (5 U.S.C. 552a), as amended.

[[Page 4076]]

DATES: This proposed action will be effective without further notice on 
February 26, 1999 unless comments are received which result in a 
contrary determination.
ADDRESSES: Privacy Act Officer, Records Management Program Division, 
Army Records Management and Declassification Agency, ATTN: TAPC-PDD-RP, 
Stop C55, Ft. Belvoir, VA 22060-5576.
FOR FURTHER INFORMATION CONTACT: Ms. Janice Thornton at (703) 806-4390 
or DSN 656-4390.
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 specific changes to the record system being amended are set 
forth below followed by the notice, as amended, published in its 
entirety. The proposed amendments are not within the purview of 
subsection (r) of the Privacy Act of 1974, (5 U.S.C. 552a), as amended, 
which requires the submission of a new or altered system report.

    Dated: January 21, 1999.

L.M. Bynum,
Alternate OSD Federal Register Liaison Officer, Department of Defense.
A0600-85 DAPE

System name:
    Alcohol and Drug Abuse Rehabilitation Files (February 22, 1993, 58 
FR 10002).

Changes:
* * * * *

System location:
    Delete entry and replace with `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, ATTN: 
PEDA, Suite 320, 4501 Ford Avenue, Alexandra, VA 22302 1460.'

Categories of individuals covered by the system:
    Delete entry and replace with `Eligible military members, civilians 
employees, family members of military members and retirees who are 
screened and/or enrolled in the ASAP, and those federal civilians in 
testing designated positions.'

Categories of records in the system:
    Delete entry and replace with `Primary location: 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 (DA Form 4465-R); Patient Progress 
Report-PPR (DA Form 4466-R); Resource and Performance Report (DA Form 
3711-R); and Specimen Custody Document-Drug Testing (DD Form 2624), and 
similar or related documents.
    Secondary location: Copies of Patient Intake/Screening record-PIR 
(DA Form 4465-R); Patient Progress Report-PPR (DA Form 4466-R); 
Resource and Performance Report (DA Form 3711-R); and Specimen Custody 
Document-Drug Testing (DD Form 2624), and demographic composites 
thereof.'

Authority for maintenance of the system:
    Delete entry and replace with `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):
    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; to judge the magnitude 
of drug and alcohol abuse in the Army.'
* * * * *
A0600-85 DAPE

System name:
    Alcohol and Drug Abuse Rehabilitation Files.

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, ATTN: 
PEDA, Suite 320, 4501 Ford Avenue, Alexandra, VA 22302-1460.

Categories of individuals covered by the system:
    Eligible military members, civilians employees, family members of 
military members and retirees who are screened and/or enrolled in the 
Army Substance Abuse Program (ASAP), federal civilians in testing 
designated positions.

Categories of records in the system:
    Primary location: 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 (DA Form 4465-R); Patient Progress Report-PPR (DA Form 4466-
R); Resource and Performance Report (DA Form 3711-R); and Specimen 
Custody Document-Drug Testing (DD Form 2624), and similar or related 
documents.
    Secondary location: Copies of Patient Intake/Screening record-PIR 
(DA Form 4465-R); Patient Progress Report-PPR (DA Form 4466-R); 
Resource and Performance Report (DA Form 3711-R); and Specimen Custody 
Document-Drug Testing (DD Form 2624), and demographic composites 
thereof.

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; to judge the magnitude of drug and alcohol 
abuse 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 DoD as a routine use 
pursuant to 5 U.S.C. 552a(b)(3) as follows:
    The `Blanket Routine Uses' set forth at the beginning of the Army's 
compilation of systems of records notices do not apply to this system.
    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.

[[Page 4077]]

    To medical personnel to the extent necessary to meet a bona fide 
medical emergency.
    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.

Policies and practices for storing, retrieving, accessing, retaining, 
and disposing of records in the system:
Storage:
    Paper records in locked metal containers; computer database; 
computer magnetic discs/tapes.

Retrievability:
    By patient's surname; Social Security Number or other individually 
identifying characteristics.

Safeguards:
    Records are maintained in storage areas in locked file cabinets 
where access is restricted to authorized persons having an official 
need-to-know.

Retention and disposal:
    Primary location: Records are destroyed 5 years after termination 
of the patient's treatment, unless the Army Medical Department 
Activity/Facility commander authorizes retention for an additional 6 
months.
    Secondary location: Manual records are retained up to 18 months or 
until information taken therefrom and entered into computer records is 
transferred to the `history' file, whichever is sooner. Disposal of 
manual records is by burning or shredding. Computer records are 
retained permanently for historical and/or research purposes.

System manager(s) and address:
    Deputy Chief of Staff for Personnel, Headquarters, Department of 
the Army (DAPE-HR-PR), 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, 
date of birth, current address and telephone number, and signature.

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.

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.
    Denial to amend records in this system can be made only by the 
Deputy Chief of Staff for Personnel in coordination with The Surgeon 
General.

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. 99-1788 Filed 1-26-99; 8:45 am]
BILLING CODE 5000-04-F