[Federal Register Volume 67, Number 105 (Friday, May 31, 2002)]
[Notices]
[Pages 38068-38069]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 02-13593]


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DEPARTMENT OF DEFENSE

Department of the Air Force


Privacy Act of 1974; System of Records

AGENCY: Department of the Air Force, DoD.

ACTION: Notice to amend Systems of Records.

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SUMMARY: The Department of the Air Force 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.

DATES: This proposed action would be effective without further notice 
on (insert date thirty days after publication in Federal Register) 
unless comments are received which result in a contrary determination.

ADDRESSES: Send comments to the Air Force Privacy Act Manager, Office 
of the Chief Information Officer, AF--CIO/P, 1155 Air Force Pentagon, 
Washington, DC 20330-1155.

FOR FURTHER INFORMATION CONTACT: Mrs. Anne Rollins at (703) 601-4043.

SUPPLEMENTARY INFORMATION: The Department of the Air Force 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 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: May 24, 2002.
Patricia L. Toppings,
Alternate OSD Federal Register Liaison Officer, Department of Defense.
F044 AF SG Q

System name:
    Family Advocacy Program Record (February 12, 2002, 67 FR 6506).

Changes:
* * * * *

Retention and disposal:
    Substantiated Cases and Unsubstantiated-Unresolved Cases. Destroy 
as a family group 25 years after the end of the calendar year in which 
the case review committee determination was made or treatment ends. 
Unsubstantiated/Did Not Occur: Destroy 2 years after the end of the 
calendar year in which the case review committee determination was 
made.
* * * * *
F044 AF SG Q

System name:
    Family Advocacy Program Record.

System location:
    Headquarters United States Air Force, Office of the Surgeon 
General, 110 Luke Avenue, Room 400, Bolling Air Force Base, Washington, 
DC 20332-7050;
    Headquarters, Air Force Medical Operations Agency, Family Advocacy 
Program, 2601 Doolittle Road, Building 801, Brooks Air Force Base, TX 
78235-5254;
    Major Command Surgeons' offices; Air Force hospitals, medical 
centers and clinics. Official mailing addresses are published as an 
appendix to the Air Force's compilation of systems of records notices.

Categories of individuals covered by the system:
    All DoD beneficiaries who are entitled to care at Air Force medical 
facilities.

Categories of records in the system:
    Records of suspected and established cases of family maltreatment, 
assessments and evaluations, investigative reports, check lists, family 
advocacy case management team minutes and reports, follow-up and 
evaluative reports, correspondence, and any other supportive data 
gathered relevant to individual family advocacy program cases. Records 
of family member exceptional medical and/or educational needs, medical 
summaries, individual educational program plans, general supportive 
documentation and correspondence. Secondary prevention records, 
assessment and survey instruments, service plans, and chronological 
data. Prevention contact activity files.

Authority for maintenance of the system:
    10 U.S.C. 8013, Secretary of the Air Force; Air Force Instruction 
40-301, Air Force Family Advocacy Program, and E.O. 9397 (SSN).

Purpose(s):
    To document the activities of the Family Advocacy Program as they 
relate to allegations of and substantiated cases of family 
maltreatment, exceptional educational and/or medical needs of family 
members, prevention activities, assessment and survey activities; 
compile database for statistical analysis, tracking, and reporting; 
evaluate program effectiveness and conduct research.

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:
    To any member of the family in whose sponsor's name the file is 
maintained, in furtherance of treating any member of the family.
    To the Attorney General of the United States or his authorized 
representatives in connection with litigation, or other matters under 
the direct jurisdiction of the Department of Justice.
    To officials and employees of the Department of Veterans Affairs in 
the performance of their official duties relating to the adjudication 
of veterans claims and in providing medical care to members of the Air 
Force.
    To officials and employees of other departments and agencies of the 
Executive Branch of government upon request in the performance of their 
official duties relating to review of the official qualifications and 
medical history of applicants and employees who are covered by this 
record system and for the conduct of research studies and relating to 
the coordination of

[[Page 38069]]

family advocacy programs, medical care and research concerning family 
maltreatment and neglect and exceptional educational or medical 
conditions.
    To private organizations (including educational institutions) and 
individuals for authorized health research in the interest of the 
Federal government and the public. When not considered mandatory, 
patient identification data shall be eliminated from records used for 
research studies.
    To officials and employees of the National Research Council in 
cooperative studies of the National History of Disease; of prognosis 
and of epidemiology. Each study in which the records of members and 
former members of the Air Force are used must be approved by the 
Surgeon General of the Air Force.
    To officials and employees of local and state governments and 
agencies in the performance of their official duties pursuant to the 
laws and regulations governing local control of communicable diseases, 
preventive medicine and safety programs, child abuse and other public 
health and welfare programs.
    To the Federal, state or local governmental agencies when 
appropriate in the counseling and treatment of individuals or families 
with exceptional medical or educational needs or when involved in child 
abuse or neglect.
    To authorized surveying bodies for professional certification and 
accreditations.
    To the individual organization or government agency as necessary 
when required by Federal statute, E.O., or by treaty. Drug/Alcohol and 
Family Advocacy information maintained in connection with Abuse 
Prevention Programs shall be disclosed only in accordance with 
applicable statutes.
    The DoD `Blanket Routine Uses' set forth at the beginning of the 
Air Force's compilation of systems of records notices apply to this 
system, except as stipulated in the `NOTE' below.

    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 
herein, 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:
    Records may be stored in file folders, in computers, and on 
computer output products.

Retrievability:
    Records are retrieved by the name and Social Security Number of the 
sponsor or the sponsor's spouse.

Safeguards:
    Records are maintained in various types of lockable filing 
equipment in monitored or controlled access lockable rooms or areas. 
Records are accessible only to authorized personnel that are properly 
screened and trained. Computer terminals are located in supervised 
areas with access controlled by password or other user-code systems. 
Records on computer storage devices are protected by computer system 
security software or physically stored in lockable filing equipment.

Retention and disposal:
    Substantiated Cases and Unsubstantiated-Unresolved Cases. Destroy 
as a family group 25 years after the end of the calendar year in which 
the case review committee determination was made or treatment ends. 
Unsubstantiated/Did Not Occur: Destroy 2 years after the end of the 
calendar year in which the case review committee determination was 
made.

System manager(s) and address:
    Division Chief, Air Force Medical Operations Agency, Family 
Advocacy Division, 2601 Doolittle Road, Building 801, Brooks Air Force 
Base, TX 78235-5254, Major Command Surgeons, and Commanders of Air 
Force medical treatment facilities. Official mailing addresses are 
published as an appendix to the Air Force's compilation of systems of 
records notices.

Notification procedure:
    Individuals seeking to determine if this system of records contains 
information on them should address inquiries to the Family Advocacy 
Officer at the Air Force medical treatment facility where services were 
provided. Official mailing addresses are published as an appendix to 
the Air Force's compilation of systems of records notices
    Requests should include the name and Social Security Number of the 
individual concerned.

Record access procedures:
    Individuals seeking to access their records in this system should 
address requests to the Patient Affairs Officer at the Air Force 
medical treatment facility where services were provided. Official 
mailing addresses are published as an appendix to the Air Force's 
compilation of systems of records notices.
    Requests should include the name and Social Security Number of the 
individual concerned.

Contesting record procedures:
    The Air Force rules for accessing records, and for contesting 
contents and appealing initial agency determinations are published in 
Air Force Instruction 37-132; 32 CFR part 806b; or may be obtained from 
the system manager.

Record source categories:
    Individual to whom the record pertains, reports from physicians and 
other medical department personnel; reports and information from other 
sources including educational institutions, medical institutions, law 
enforcement agencies, public and private health and welfare agencies, 
and witnesses.

Exemptions claimed for the system:
    Investigatory material compiled for law enforcement purposes, other 
than material within the scope of subsection 5 U.S.C. 552a(j)(2), 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 exempt to the extent that disclosure 
would reveal the identify 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 record system has been promulgated in 
accordance with the requirements of 5 U.S.C. 553 (b)(1), (2), and (3), 
(c) and (e) and published in 32 CFR part 806b.

[FR Doc. 02-13593 Filed 5-30-02; 8:45 am]
BILLING CODE 5001-08-P