[Federal Register Volume 76, Number 193 (Wednesday, October 5, 2011)]
[Notices]
[Pages 61676-61679]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2011-25697]


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DEPARTMENT OF DEFENSE

Office of the Secretary

[Docket ID DOD-2011-OS-0107]


Privacy Act of 1974; Systems of Records

AGENCY: National Security Agency/Central Security Service, Department 
of Defense (DoD).

ACTION: Notice to Amend a System of Records.

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SUMMARY: The National Security Agency (NSA) is proposing to amend a 
system of records notice in its existing inventory of records systems 
subject to the Privacy Act of 1974 (5 U.S.C. 552a), as amended.

DATES: The changes will be effective on November 4, 2011 unless 
comments are received that would result in a contrary determination.

ADDRESSES: You may submit comments, identified by docket number and 
title, by any of the following methods:
     Federal Rulemaking Portal: http://www.regulations.gov. 
Follow the instructions for submitting comments.
     Mail: Federal Docket Management System Office, 4800 Mark 
Center Drive, East Tower, 2nd Floor, Suite 02G09, Alexandria, VA 22350-
3100.
    Instructions: All submissions received must include the agency name 
and docket number for this Federal Register document. The general 
policy for comments and other submissions from members of the public is 
to make these submissions available for public

[[Page 61677]]

viewing on the Internet at http://www.regulations.gov as they are 
received without change, including any personal identifiers or contact 
information.

FOR FURTHER INFORMATION CONTACT: Ms. Anne Hill, National Security 
Agency/Central Security Service, Freedom of Information Act and Privacy 
Act Office, 9800 Savage Road, Suite 6248, Ft. George G. Meade, MD 
20755-6248, or by phone at (301) 688-6527.

SUPPLEMENTARY INFORMATION: The National Security Agency/Central 
Security System 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 in FOR FURTHER INFORMATION 
CONTACT.
    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 amendment is 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: September 30, 2011.
Aaron Siegel,
Alternate OSD Federal Register Liaison Officer, Department of Defense.
GNSA 17

System Name:
    NSA/CSS Employee Assistance Service Case Records (December 30, 
2008, 73 FR 79853).

Changes:
* * * * *

Routine uses of records maintained in the system, including categories 
of users and the purposes of such uses:
    Delete entry and replace with ``In addition to those disclosures 
generally permitted under 5 U.S.C. 552a(b) of the Privacy Act of 1974, 
these records contained therein may specifically be disclosed outside 
the DoD as a routine use pursuant to 5 U.S.C. 552a(b)(3) as follows:
    In any legal proceeding, where pertinent, to which DoD is a party 
before a court or administrative body (including, but not limited to 
the Equal Employment Opportunity Commission and Merit Systems 
Protection Board).
    To any entity or individual under contract with NSA/CSS for the 
purpose of providing Employee Assistance Service related services.

    Note: Record of the identity, diagnosis, prognosis, or treatment 
of any client/patient, irrespective of whether or when he 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' that appear 
at the beginning of the NSA/CSS compilation of systems of records 
notices 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.

* * * * *

Safeguards:
    Delete entry and replace with ``Employee Assistance Service 
facilities are limited-access facilities for security-cleared personnel 
and visitors only. Facilities may also be patrolled or secured by 
guarded pedestrian gates and checkpoints. Inside of Employee Assistance 
Service office spaces, paper/hard-copy records are stored in locked 
containers with limited access. Access to electronic records is limited 
and controlled by password.''

Retention and disposal:
    Delete entry and replace with ``Records of clients are retained 
locally (at Employee Assistance Service facilities/offices) and 
transferred to the NSA/CSS Records Center three years after case 
closure. Then, after five years, records are destroyed by pulping, 
burning, shredding, erasure or destruction of magnetic media.
    Records of clients who retire or separate are retained locally (at 
Employee Assistance Service facilities/offices) and transferred to the 
NSA/CSS Records Center one year after date of separation or retirement. 
Then, after five years, records are destroyed by pulping, burning, 
shredding, erasure or destruction of magnetic media.''
* * * * *

Notification Procedure:
    Delete entry and replace with ``Individuals seeking to determine 
whether information about themselves is contained in this system should 
address written inquiries to the National Security Agency/Central 
Security Service, Freedom of Information Act/Privacy Act Office, 9800 
Savage Road, Suite 6248, Ft. George G. Meade, MD 20755-6248.
    Written inquiries should contain the individual's full name, SSN, 
mailing address, and signature.''

Record Access Procedures:
    Delete entry and replace with ``Individuals seeking access to 
information about themselves contained in this system should address 
written inquiries to the National Security Agency/Central Security 
Service, Freedom of Information Act/Privacy Act Office, 9800 Savage 
Road, Suite 6248, Ft. George G. Meade, MD 20755-6248.
    Written inquiries should contain the individual's full name, SSN, 
mailing address, and signature.''

Contesting Record Procedures:
    Delete entry and replace with ``The NSA/CSS rules for contesting 
contents and appealing initial determinations are published at 32 CFR 
Part 322 or may be obtained by written request addressed to the 
National Security Agency/Central Security Service, Freedom of 
Information Act/Privacy Act Office, 9800 Savage Road, Suite 6248, Ft. 
George G. Meade, MD 20755-6248.''
* * * * *

Exemptions claimed for the system:
    Within entry, replace ``E.O. 12958'' with ``E.O. 13526.''
* * * * *
GNSA 17

System Name:
    NSA/CSS Employee Assistance Service Case Records.

System Location:
    National Security Agency/Central Security Agency, 9800 Savage Road, 
Ft. George G. Meade, MD 20755-6000.

Categories of individuals covered by the system:
    Files consist of the individual's full name, Social Security Number 
(SSN), address and case records compiled by counselor and patient 
questionnaires, questionnaires completed by private counselors to whom 
clients are referred, the records of medical treatment and services, 
correspondence with personal physicians and other care providers, NSA/
CSS Medical Center reports, results of psychological assessment testing 
and interviews, psychiatric examination results and related reports.

[[Page 61678]]

Authority for maintenance of the system:
    5 U.S.C. Section 301, Departmental Regulations; 5 U.S.C. Section 
7301, Presidential Regulations and 7361-7362, Employee Assistance 
Program; 5 U.S.C. Sections 7901-7904, Services to Employees; 42 U.S.C. 
Sections 290dd-1-290dd-2, Confidentiality of records; 5 CFR part 792, 
Federal Employees' Health and Counseling Programs; E.O. 12564, Drug 
Free Federal Workplace; E.O. 12196, Occupational safety and health 
programs for Federal employees, as amended and E.O. 9397 (SSN).

Purpose(s):
    Used by counselors to facilitate and record treatment, referral and 
follow-up on behalf of employees.

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 of 1974, these records contained therein may 
specifically be disclosed outside the DoD as a routine use pursuant to 
5 U.S.C. 552a(b)(3) as follows:
    In any legal proceeding, where pertinent, to which DoD is a party 
before a court or administrative body (including, but not limited to 
the Equal Employment Opportunity Commission and Merit Systems 
Protection Board).
    To any entity or individual under contract with NSA/CSS for the 
purpose of providing Employee Assistance Service related services.

    Note: Record of the identity, diagnosis, prognosis, or treatment 
of any client/patient, irrespective of whether or when he 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' that appear 
at the beginning of the NSA/CSS compilation of systems of records 
notices 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:
    Paper in file folders and electronic storage media.

Retrievability:
    By the individual's name and/or SSN.

Safeguards:
    Employee Assistance Service facilities are limited-access 
facilities for security-cleared personnel and visitors only. Facilities 
may also be patrolled or secured by guarded pedestrian gates and 
checkpoints. Inside of Employee Assistance Service office spaces, 
paper/hard-copy records are stored in locked containers with limited 
access. Access to electronic records is limited and controlled by 
password.

Retention and disposal:
    Records of clients are retained locally (at Employee Assistance 
Service facilities/offices) and transferred to the NSA/CSS Records 
Center three years after case closure. Then, after five years, records 
are destroyed by pulping, burning, shredding, erasure or destruction of 
magnetic media.
    Records of clients who retire or separate are retained locally (at 
Employee Assistance Service facilities/offices) and transferred to the 
NSA/CSS Records Center one year after date of separation or retirement. 
Then, after five years, records are destroyed by pulping, burning, 
shredding, erasure or destruction of magnetic media.

System manager(s) and address:
    Chief, Employee Assistance Services, National Security Agency/
Central Security Service, 9800 Savage Road, Ft. George G. Meade, MD 
20755-6000.

Notification Procedure:
    Individuals seeking to determine whether information about 
themselves is contained in this system should address written inquiries 
to the National Security Agency/Central Security Service, Freedom of 
Information Act/Privacy Act Office, 9800 Savage Road, Suite 6248, Ft. 
George G. Meade, MD 20755-6248.
    Written inquiries should contain the individual's full name, SSN, 
mailing address, and signature.

Record Access Procedures:
    Individuals seeking access to information about themselves 
contained in this system should address written inquiries to the 
National Security Agency/Central Security Service, Freedom of 
Information Act/Privacy Act Office, 9800 Savage Road, Suite 6248, Ft. 
George G. Meade, MD 20755-6248.
    Written inquiries should contain the individual's full name, SSN, 
mailing address, and signature.

Contesting Record Procedures:
    The NSA/CSS rules for contesting contents and appealing initial 
determinations are published at 32 CFR part 322 or may be obtained by 
written request addressed to the National Security Agency/Central 
Security Service, Freedom of Information Act/Privacy Act Office, 9800 
Savage Road, Suite 6248, Ft. George G. Meade, MD 20755-6248.

Record source categories:
    Primary sources are Employee Assistance Service counselors, the 
client and the client's family. Other sources include other counselors 
and other individuals within NSA/CSS.

Exemptions claimed for the system:
    Portions of this system may be exempt under 5 U.S.C. 552a(k)(1), 
(k)(2), (k)(4) and (k)(5), as applicable.
    Information specifically authorized to be classified under E.O. 
13526, as implemented by DoD 5200.1-R, may be exempt pursuant to 5 
U.S.C. 552a(k)(1).
    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 any 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 identity of a confidential source. Note: 
When claimed, this exemption allows limited protection of investigative 
reports maintained in a system of records used in personnel or 
administrative actions.
    Records maintained solely for statistical research or program 
evaluation purposes and which are not used to make decisions on the 
rights, benefits, or entitlements of any individual except for census 
records which may be disclosed under 13 U.S.C. 8, may be exempt 
pursuant to 5 U.S.C. 552a(k)(4).
    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

[[Page 61679]]

would reveal the identity of a confidential source.
    An exemption rule for this records system has been promulgated 
according to the requirements of 5 U.S.C. 553(b)(1), (2), and (3), (c) 
and (e) and published in 32 CFR part 322. For additional information, 
contact the system manager.

[FR Doc. 2011-25697 Filed 10-4-11; 8:45 am]
BILLING CODE 5001-06-P