[Federal Register Volume 65, Number 188 (Wednesday, September 27, 2000)]
[Notices]
[Pages 58054-58057]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 00-24713]


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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 Systems of Records.

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

DATES: This proposed action will be effective without further notice on 
October 27, 2000 unless comments are received which result in a 
contrary determination.

ADDRESSES: Records Management Division, U.S. Army Records Management 
and Declassification Agency, ATTN: TAPC-PDD-RP, Stop 5603, Ft. Belvoir, 
VA 22060-5603.

FOR FURTHER INFORMATION CONTACT: Ms. Janice Thornton at (703) 806-4390 
or DSN 656-4390 or Ms. Christie King at (703) 806-3711 or DSN 656-3711.

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 records systems being amended are set 
forth below followed by the notices, as amended, published in their 
entirety. The proposed amendments are not

[[Page 58055]]

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: September 20, 2000.
L.M. Bynum,
Alternate OSD Federal Register Liaison Officer, Department of Defense.

A0040-66b DASG

System name:

    Health Care and Medical Treatment Record System (November 15, 1999, 
64 FR 61856).

Changes:

* * * * *

Retention and disposal:

    Delete last paragraph.
* * * * *
A0040-66b DASG

System name:
    Health Care and Medical Treatment Record System.

System location:
    Army Medical Department facilities and activities. Official mailing 
addresses are published as an appendix to the Army's compilation of 
record systems notices.

Categories of individuals covered by the system:
    Military members of the Armed Forces (both active and inactive); 
family members; civilian employees of the Department of Defense; 
members of the U.S. Coast Guard, Public Health Service, and Coast and 
Geodetic Survey; cadets and midshipmen of the military academies; 
employees of the American National Red Cross; and other categories of 
individuals who receive medical treatment at Army Medical Department 
facilities/activities.

Categories of records in the system:
    Name, sponsor's Social Security Number, medical records (of a 
permanent nature) used to document health; psychological and mental 
hygiene consultation and evaluation; medical/dental care and treatment 
for any health or medical condition provided an eligible individual on 
an inpatient and/or outpatient status to include but not limited to: 
health; clinical (inpatient); outpatient; dental; consultation; and 
procurement and separation x-ray record files; and Human 
Immunodeficiency Virus (HIV) blood sampling results to identify 
Acquired Immune Deficiency Syndrome (AIDS).
    Subsidiary medical records (of a temporary nature) are also 
maintained to support records relating to treatment/observation of 
individuals. Such records include but are not limited to: social work 
case files, preventive medicine HIV patients files, inquiries/
complaints about medical treatment or services rendered by the medical 
treatment facility, and patient treatment x-ray and index files.

Authority for maintenance of the system:
    10 U.S.C. 3013, Secretary of the Army; 10 U.S.C. 1071-1085; 50 
U.S.C. Supplement IV, Appendix 454, as amended; 42 U.S.C. 11131-11152; 
E.O. 9397 (SSN); DoD Instruction 6015.23, Delivery of Healthcare at 
Military Treatment Facilities (MTfs); DoD Directive 6040.37, 
Confidentially of Medical Quality Assurance (QA) Records; DoD 6010.8-R, 
Civilian Health and Medical Program of the Uniformed Services 
(CHAMPUS); Army Regulation 40-66, Medical Record Administration and 
Health Documentation.

Purpose(s):
    To provide health care and medical treatment of individuals; to 
establish tuberculosis/tumor/cancer/Human Immunodeficiency Virus (HIV) 
registries; for research studies; compilation of statistical data and 
management reports; to implement preventive medicine, dentistry, and 
communicable disease control programs; to adjudicate claims and 
determining benefits; to evaluate care rendered; determine professional 
certification and hospital accreditation; and determine suitability of 
persons for service or assignment.

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:
    Information may be disclosed to the Department of Veterans Affairs 
to adjudicate veterans' claims and provide medical care to Army 
members.
    National Research Council, National Academy of Sciences, National 
Institutes of Health, Armed Forces Institute of Pathology, and similar 
institutions for authorized health research in the interest of the 
Federal Government and the public. When not essential for longitudinal 
studies, patient identification data shall be eliminated from records 
used for research studies. Facilities/activities releasing such records 
shall maintain a list of all such research organizations and an 
accounting disclosure of records released thereto.
    To local and state government and agencies for compliance with 
local laws and regulations governing control of communicable diseases, 
preventive medicine and safety, child abuse, and other public health 
and welfare programs.
    Third party payers per 10 U.S.C. 1095 as amended by Pub. L. 99-272, 
and guidance provided to the DoD health services by DoD Instruction 
6015.23, for the purpose of collecting reasonable inpatient/outpatient 
hospital care costs incurred on behalf of retirees or dependents.
    To former DoD health care providers, who have been identified as 
being the subjects of potential reports to the National Practitioner 
Data Bank as a result of a payment having been made on their behalf by 
the U.S. Government in response to a malpractice claim or litigation, 
for purposes of providing the provider an opportunity, consistent with 
the requirements of DoD Instruction 6025.15 and Army Regulation 40-68, 
to provide any pertinent information and to comment on expert opinions, 
relating to the claim for which payment has been made.
    The DoD `Blanket Routine Uses' set forth at the beginning of the 
Army's compilation of systems of records notices also apply to this 
system.
    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, 
regulated, 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 the 
circumstances expressly authorized in 42 U.S.C. 290dd-2. This statute 
takes precedence over the Privacy Act of 1974 in regard to 
accessibility of such records except to the individual to whom the 
record pertains. The DoD `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:
    Paper records in file folders; visible card files; microfiche; 
cassettes; magnetic tapes/discs; computer printouts; x-ray film 
preservers.

[[Page 58056]]

Retrievability:
    By patient or sponsor's surname or BY sponsor's Social Security 
Number.

Safeguards:
    Records are maintained in buildings which employ security guards 
and are accessed only by authorized personnel having an official need-
to-know. Automated segments are protected by controlled system 
passwords governing access to data.

Retention and disposal:
    Military health/dental and procurement/separation x-ray records are 
permanent. Clinical (inpatient), outpatient, dental and consultation 
record files for military members are destroyed after 50-75 years; 
records pertaining to U.S. Military Academy cadets are withdrawn and 
retired to the Surgeon, U.S. Military Academy, West Point, NY 10996-
1797. Records on civilians and foreign nationals are destroyed after 25 
years; except for civilian dental records which are destroyed after 5 
years. Records on American Red Cross personnel are withdrawn and 
forwarded to the American National Red Cross.
    All records (except the Military Health/Dental records) which are 
active while individual is on active duty, then retired with 
individual's Military Personnel Records Jacket and the procurement/
separation x-ray records which are forwarded to the National Personnel 
Records Center on an accumulation basis) are retained in an active file 
while treatment is provided and subsequently held for a period of 1 to 
5 years following treatment before being retired to the National 
Personnel Records Center. Subsidiary medical records, of a temporary 
nature, are normally not retained long beyond termination of treatment; 
however, supporting documents determined to have significant 
documentation value to patient care and treatment are incorporated into 
the appropriate permanent record file.

System manager(s) and address:
    Commander, U.S. Army Medical Command, ATTN: MCHO-CL-P, Suite 13, 
2050 Worth Road, Fort Sam Houston, TX 78234-6010.

Notification procedure:
    Individuals seeking to determine whether information about 
themselves is contained in this system should address written inquiries 
to the medical facility where treatment was provided. Official mailing 
addresses are published as an appendix to the Army's compilation of 
record systems notices.
    Red Cross employees may write to the Medical Officer, American 
National Red Cross, 1730 E Street, NW, Washington, DC 20006.
    For verification purposes, the individual should provide the full 
name, Social Security Number of sponsor, and current address and 
telephone number. Inquiry should include name of the hospital, year of 
treatment and any details which will assist in locating the records.

Record access procedures:
    Individuals seeking access to information about themselves 
contained in this system should address written inquiries to the 
medical facility where treatment was provided. Official mailing 
addresses are published as an appendix to the Army's compilation of 
record systems notices.
    Red Cross employees may write to the Medical Officer, American 
National Red Cross, 1730 E Street, NW, Washington, DC 20006.
    For verification purposes, the individual should provide the full 
name, Social Security Number of sponsor, and current address and 
telephone number. Inquiry should include name of the hospital, year of 
treatment and any details which will assist in locating the records.

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:
    Subject individual, personal interviews and history statements from 
the individuals; abstracts or copies of pertinent medical records; 
examination records of intelligence, personality, achievement, and 
aptitude; reports from attending and previous physicians and other 
medical personnel regarding results of physical, dental, and mental 
examinations, treatment, evaluation, consultation, laboratory, x-ray 
and special studies and research conducted to provide health care and 
medical treatment; and similar or related documents.

Exemptions claimed for the system:
    None.
A0351a TRADOC

System name:
    Army School Student Files (December 23, 1997, 62 FR 67055).

Changes:
* * * * *

Authority for maintenance of the system:
    Delete entry and replace with `10 U.S.C. 3013, Secretary of the 
Army; Army Regulation 351-1, Individual Military Education and 
Training; and E.O. 9397 (SSN).'
* * * * *

Safeguards:
    Delete second paragraph and replace with `Access is restricted to 
authorized personnel only with secure sign on and password capability.'

Retention and disposal:
    Delete entry and replace with `Individual and class academic 
records are destroyed after 40 years, cut-off annually. Records of 
extension courses are maintained for 3 years in current file area, 2 
years in the records holding area prior to retirement to the National 
Records Center, 9700 Page Street, St. Louis, MO 63132. Collateral 
individual training records are destroyed after 1 year. Officer 
candidate school applicant records, destroy after 1 year. Officer 
candidate relief records destroy after 5 years. Officer candidate 
inquiry and eligibility records and Judge Advocate General's School 
records destroy after 2 years. U.S. Army Reserve School records, 
destroy after 3 years. Disenrollment from officer candidate school 
records maintain in current file area for 5 years after disenrollment 
then destroy.'
* * * * *
A0351a TRADOC

System name:
    Army School Student Files.

System location:
    All Army schools, colleges, and training centers.

Categories of individuals covered by the system:
    Students who attend formal and/or non-resident courses of 
instruction at Army schools, colleges and training centers.

Categories of records in the system:
    Individual academic records consisting of courses attended, length 
of each, extent of completion and results; aptitudes and personal 
qualities, including corporate fitness results; grade and rating 
attained; and related information; collateral individual training 
records comprising information posted to the basic individual academic 
training record or other long term records; faculty board files 
pertaining to the class standing/rating/classification/proficiency of 
students; class academic records maintained by training

[[Page 58057]]

instructors indicating attendance and progress of class member 
instructors indicating attendance and progress of class members.

Authority for maintenance of the system:
    10 U.S.C. 3013, Secretary of the Army; Army Regulation 351-1, 
Individual Military Education and Training; and E.O. 9397 (SSN).

Purpose(s):
    To determine eligibility of students for attendance, monitor 
progress, record completion of academic requirements, and document 
courses which may be prerequisites for attendance/participation in 
other courses of instruction.

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 DoD `Blanket Routine Uses' set forth at the beginning of the 
Army's compilation of systems of records notices also apply to this 
system.

Policies and practices for storing, retrieving, accessing, retaining, 
and disposing of records in the system.
Storage:
    Paper records in file folders, cards, computer magnetic tapes/
disks; printouts.

Retrievability:
    By individual's name, Social Security Number/military service 
number.

Safeguards:
    Information is stored in locked cabinets or rooms, accessed only by 
authorized individuals having official need thereof.
    Access is restricted to authorized personnel only with secure sign 
on and password capability.

Retention and disposal:
    Individual and class academic records are destroyed after 40 years, 
cut-off annually. Records of extension courses are maintained for 3 
years in current file area, 2 years in the records holding area prior 
to retirement to the National Records Center, 9700 Page Street, St. 
Louis, MO 63132. Collateral individual training records are destroyed 
after 1 year. Officer candidate school applicant records, destroy after 
1 year. Officer candidate relief records destroy after 5 years. Officer 
candidate inquiry and eligibility records and Judge Advocate General's 
School records destroy after 2 years. U.S. Army Reserve School records, 
destroy after 3 years. Disenrollment from officer candidate school 
records maintain in current file area for 5 years after disenrollment 
then destroy.

System manager(s) and address:
    Commander, U.S. Army Combined Arms Center, Privacy Act Officer, 
Fort Leavenworth, KS 66027-2309.

Notification procedure:
    Individuals seeking to determine whether information about 
themselves is contained in this system should address written inquiries 
to the Academic Record Office of the Army school, college, or training 
center attended.
    Individual should provide full name, student number, course title 
and class number, or description of type training received and dates of 
attendance/enrollment.

Record access procedures:
    Individuals seeking access to information about themselves 
contained in this system should address written inquiries to the 
Academic Record Office of the Army School, college, or training center 
attended.
    Individual should provide full name, student number, course title 
and class number, or description of type training received and dates of 
attendance/enrollment.

Contesting record procedures:
    The Army's rules for accessing records, 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 staff and faculty of appropriate school, college, or 
training center responsible for the instruction.

Exemptions claimed for the system:
    None.
[FR Doc. 00-24713 Filed 9-26-00; 8:45 am]
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