[Federal Register Volume 68, Number 222 (Tuesday, November 18, 2003)]
[Notices]
[Pages 65039-65042]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 03-28700]


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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 a system of records.

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SUMMARY: The Department of the Air Force is amending a system of 
records

[[Page 65040]]

notice in its existing inventory of record systems subject to the 
Privacy Act of 1974, (5 U.S.C. 552a), as amended.
    The amendment is required to alert the users of this system of 
records of the additional requirements of the Health Insurance 
Portability and Accountability Act (HIPAA) of 1996, as implemented by 
DoD 6025.18-R, DoD Health Information Privacy Regulation. Language 
being added under the ``Routine Use'' category is as follows:

    Note: This system of records contains individually identifiable 
health information. The DoD Health Information Privacy Regulation 
(DoD 6025.18-R) issued pursuant to the Health Insurance Portability 
and Accountability Act of 1996, applies to most such health 
information. DoD 6025.18-R may place additional procedural 
requirements on the uses and disclosures of such information beyond 
those found in the Privacy Act of 1974 or mentioned in this system 
of records notice.


DATES: This proposed action will be effective without further notice on 
December 18, 2003, 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: November 7, 2003.
Patricia L. Toppings,
Alternate OSD Federal Register Liaison Officer, Department of Defense.
F044 AF SG Q

System name:
    Family Advocacy Program Record (May 31, 2002, 67 FR 38068).

Changes:
* * * * *

Categories of records in the system:
    Delete `Records of family member exceptional medical and/or 
educational needs, medical summaries, individual educational program 
plans, general supportive documentation and correspondence'.
* * * * *

Purpose(s):
    Delete from entry `exceptional educational and/or medical needs of 
family members'. Add `secondary' before `prevention', and add 
`assessment and intervention' before `activities'.
* * * * *

Routine uses of records maintained in the system, including categories 
of users and the purposes of such uses:
    Add to the end of the entry ``NOTE: This system of records contains 
individually identifiable health information. The DoD Health 
Information Privacy Regulation (DoD 6025.18-R) issued pursuant to the 
Health Insurance Portability and Accountability Act of 1996, applies to 
most such health information. DoD 6025.18-R may place additional 
procedural requirements on the uses and disclosures of such information 
beyond those found in the Privacy Act of 1974 or mentioned in this 
system of records notice.`
* * * * *

Retrievability:
    Add to end of entry `or by other identification number'.
* * * * *

Retention and disposal:
    Delete entry and replace with ``Hardcopy/Paper Records: 
Substantiated Maltreatment Incidents and Unsubstantiated-Unresolved 
Maltreatment Incidents: 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 Maltreatment Incidents: Destroy 2 
years after the end of the calendar year in which the case review 
committee determination was made.
    Secondary Prevention Records: Destroy 2 years after the end of the 
calendar year in which the prevention service was provided.
    Electronic Data in FAP Databases: Maintained indefinitely in 
archived or active status.''
* * * * *
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;
    Air Force Medical Operations Agency, Family Advocacy Program, 2664 
Flight Nurse, Building 801, Brooks City-Base, TX 78235-5135;
    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. 
Secondary prevention records, assessment and survey instruments, 
service plans, and chronological documentation 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, secondary prevention assessments and intervention 
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

[[Page 65041]]

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 family advocacy programs, medical care and research 
concerning family maltreatment and neglect.
    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 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.


    Note: This system of records contains individually identifiable 
health information. The DoD Health Information Privacy Regulation 
(DoD 6025.18-R) issued pursuant to the Health Insurance Portability 
and Accountability Act of 1996, applies to most such health 
information. DoD 6025.18-R may place additional procedural 
requirements on the uses and disclosures of such information beyond 
those found in the Privacy Act of 1974 or mentioned in this system 
of records notice.

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 or by other identification number.

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:
Hardcopy/Paper Records:
    Substantiated Maltreatment Incidents and Unsubstantiated-Unresolved 
Maltreatment Incidents: 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 Maltreatment Incidents: Destroy 2 
years after the end of the calendar year in which the case review 
committee determination was made.
    Secondary Prevention Records: Destroy 2 years after the end of the 
calendar year in which the prevention service was provided.
    Electronic Data in FAP Databases: `Maintained indefinitely in 
archived or active status.'

System manager(s) and address:
    Chief, Air Force Medical Operations Agency, Family Advocacy 
Division, 2664 Flight Nurse, Building 801, Brooks City-Base, TX 78235-
5135, 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.
    Request should include the names and Social Security Numbers of the 
individual and sponsor 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.
    Request should include the names and Social Security Numbers of the 
individual and sponsor 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

[[Page 65042]]

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. 03-28700 Filed 11-17-03; 8:45 am]
BILLING CODE 5001-06-P