[Federal Register Volume 67, Number 147 (Wednesday, July 31, 2002)]
[Notices]
[Pages 49678-49680]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 02-19256]


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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 a system of records.

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SUMMARY: The Department of the Army is amending two systems of records 
notices in its existing inventory of records 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 
August 30, 2002, 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, 6000 6th 
Street, 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 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: July 24, 2002.
Patricia L. Toppings,
Alternate OSD Federal Register Liaison Officer, Department of Defense.
A0600-85 DAPE

System name:
    Alcohol and Drug Abuse Rehabilitation Files (January 27, 1999, 64 
FR 4075).

Changes:
* * * * *

System name:
    Delete entry and replace with `Army Substance Abuse Program'.
* * * * *

Categories of individuals covered by the system:
    Delete entry and replace with `Active Army, Army National Guard of 
the U.S., Army National Guard, U.S. Army Reserve, Army civilian 
employees, military and civilian employee family members and military 
retirees who are screened and/or enrolled in the Army Substance Abuse 
Program.'
* * * * *

Retention and disposal:
    Add to entry `Personnel Reliability Program (PRP) records are 
maintained no longer than 6 years after individual is separated from 
PRP, then destroyed.'
* * * * *
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, Alexandria, VA 22302-1460.

Categories of individuals covered by the system:
    Active Army, Army National Guard of the U.S., Army National Guard, 
U.S. Army Reserve, Army civilian employees, military and civilian 
employee family members and military retirees who are screened and/or 
enrolled in the Army Substance Abuse Program.

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 DoD `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 49679]]

    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 there from 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.
    Personnel Reliability Program (PRP) records are maintained no 
longer than 6 years after individual is separated from PRP, then 
destroyed.

System manager(s) and address:
    Deputy Chief of Staff for Personnel, 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, 
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.
A0351 HSC-AHS

System name:
    U.S. Army Medical Department School and Academy of Health Sciences 
Academic Records (February 15, 2002, 67 FR 7140).

Changes:
System identifier:
    Delete entry and replace with A0351 DASG'.
* * * * *
A0351 DASG

System name:
    U.S. Army Medical Department School and Academy of Health Sciences 
Academic Records.

System location:
    U.S. Army Medical Department Center and School, Academy of Health 
Sciences, Department of Academic Support, 2250 Stanley Road, Fort Sam 
Houston, TX 78234-6100.

Categories of individuals covered by the system:
    Resident and correspondence students enrolled in courses at the 
Academy.

Categories of records in the system:
    Student's name, Social Security Number, grade/rank, academic 
qualifications, progress reports, academic grades, ratings attained, 
aptitudes and personal qualities, including corporate fitness results; 
faculty board records pertaining to class standing/rating/
classification/proficiency of students; class academic records 
maintained by 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 351-3, 
Professional Education and Training Programs of the Army Medical 
Department; and E.O. 9397 (SSN).

Purpose(s):
    To determine eligibility for enrollment/attendance, monitor student 
progress, record accomplishments, and serve as record of courses which 
may be prerequisite for other formal courses of

[[Page 49680]]

instruction, licensure, certification, and employment.

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 civilian medical institutions for 
the purpose of accrediting the individual's training and instruction.
    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, microfiche, cards, magnetic tape and/or disc, and 
computer printouts.

Retrievability:
    By individual's name and Social Security Number.

Safeguards:
    Access to all records is restricted to designated individuals whose 
official duties dictate the need therefore.

Retention and disposal:
    Academic records are maintained 40 years at the Academy of Health 
Sciences. Except for the master file, automated data are erased after 
the fourth updating cycle.

System manager(s) and address:
    Registrar, Academy of Health Sciences, 2250 Stanley Road, Fort Sam 
Houston, TX 78234-6000.

Notification procedure:
    Individuals seeking to determine whether information about 
themselves is contained in this system should address written inquiries 
to the Registrar, Academy of Health Sciences, 2250 Stanley Road, Fort 
Sam Houston, TX 78234-6000.
    For verification purposes, individual should provide the full name, 
Social Security Number, date attended/enrolled, current address, and 
signature.

Record access procedures:
    Individuals seeking access to information about themselves 
contained in this system should address written inquiries to the 
Registrar, Academy of Health Sciences, 2250 Stanley Road, Fort Sam 
Houston, TX 78234-6000.
    For verification purposes, individual should provide the full name, 
Social Security Number, date attended/enrolled, current address, 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.

Record source categories:
    From the individual and Academy of Health Sciences' staff and 
faculty.

Exemptions claimed for the system:
    None.
[FR Doc. 02-19256 Filed 7-30-02; 8:45 am]
BILLING CODE 5001-08-P