[Federal Register Volume 79, Number 115 (Monday, June 16, 2014)]
[Notices]
[Pages 34302-34305]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2014-13889]


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DEPARTMENT OF DEFENSE

Department of the Army

[Docket ID: USA-2014-0023]


Privacy Act of 1974; System of Records

AGENCY: Department of the Army, DoD.

ACTION: Notice to alter a system of records.

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SUMMARY: The Department of the Army proposes to alter a system of 
records notice, A0040-5b DASG, Army Behavioral Health Integrated Data 
Environment (ABHIDE)'' in its existing inventory of records systems 
subject to the Privacy Act of 1974, as amended. This system will 
support operational public health practices and maintain a record of 
work places, training, exposures (occupational and environmental), 
medical surveillance, ergonomic recommendations, corrections and any 
medical care provided for eligible individuals. As the Army's public 
health authority, the U.S. Army Public Health Command (USAPHC) and Army 
Institute of Public Health is authorized to collect or receive such 
information for the purpose of

[[Page 34303]]

preventing or controlling disease, injury, or disability, the reporting 
of disease, injury, vital events, such as birth or death, and the 
conduct of public health surveillance, public health investigations, 
and public health interventions.

DATES: Comments will be accepted on or before July 16, 2014. This 
proposed action will be effective on the day following the end of the 
comment period unless comments are received which 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 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: Mr. Leroy Jones, Department of the 
Army, Privacy Office, U.S. Army Records Management and Declassification 
Agency, 7701 Telegraph Road, Casey Building, Suite 144, Alexandria, VA 
22325-3905 or by calling (703) 428-6185.

SUPPLEMENTARY INFORMATION: The Department of the Army's notices for 
systems of records 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 or from 
the Defense Privacy and Civil Liberties Office Web site at http://dpclo.defense.gov/. The proposed systems reports, as required by 5 
U.S.C. 552a(r) of the Privacy Act, as amended were submitted on May 30, 
2014, to the House Committee on Oversight and Government Reform, the 
Senate Committee on Homeland Security and Governmental Affairs, and the 
Office of Management and Budget (OMB) pursuant to paragraph 4c of 
Appendix I to OMB Circular No. A-130, ``Federal Agency Responsibilities 
for Maintaining Records About Individuals,'' dated February 8, 1996 
(February 20, 1996, 61 FR 6427).

    Dated: June 10, 2014.
Aaron Siegel,
Alternate OSD Federal Register Liaison Officer, Department of Defense.
A0040-5b DASG

System name:
    Army Behavioral Health Integrated Data Environment (ABHIDE) 
(December 1, 2009, 74 FR 62765)

Changes:
* * * * *

System name:
    Delete entry and replace with ``Army Public Health Data Repository 
(APHDR).''

System location:
    Delete entry and replace with ``Primary location: U.S. Army Public 
Health Command, Army Institute of Public Health, 5158 Blackhawk Road, 
Aberdeen Proving Ground, Maryland 21010-5403.

Secondary locations:
    U.S. Army Medical Command facilities and activities. Official 
mailing addresses can be found from Army Medicine Web site, http://www.armymedicine.army.mil.''

Categories of individuals covered by the system:
    Delete entry and replace with ``Army active duty, National Guard, 
Reserve and retired, government civilian employees, subjects, suspects, 
victims or witnesses that may have been involved in or witnessed a 
crime or incident. Additional special populations include U.S. Military 
Academy and Reserve Officer Training Corps cadets, when engaged in 
directed training; foreign national military assigned to Army 
Components, and non-appropriated fund personnel employed by the Army 
for whom specific occupational health examinations and ergonomic 
evaluations have been conducted and/or requested; or have sustained a 
documented occupational injury or illness. Pertinent records on Army 
military and civilian personnel previously assigned with the Navy, 
Marines, Air Force or Coast Guard will be available in the APHDR for 
review.''

Categories of records in the system:
    Delete entry and replace with ``Personal Information: Records being 
maintained include name, rank/grade, military status, branch of 
Service, date of birth, ethnicity, Social Security Number (SSN), DoD ID 
Number, marital history, occupation, job series, pay plan and grade, 
assignments, deployment history, Armed Forces Qualification Test 
scores, education, certification and training history, drug and alcohol 
screening results, casualty information, and fitness test results.

Medical/Clinical Data:
    Selected electronic data elements from inpatient and outpatient 
medical records including dates, tests, procedures, referrals, 
diagnoses and treatments; pharmacy records; suicide event reports; 
medical readiness information including physical limitation (profile) 
codes and immunization records; air evacuation patient records; Wounded 
Warrior lifecycle information; Medical and Physical Evaluation Board 
records; and neuropsychological functioning and cognitive testing. Also 
included are responses from self-reporting tools, such as the periodic 
and deployment-related health assessments; and surveys or interviews 
accomplished as part of focused, local epidemiological investigations.

Occupational and Environmental Exposure Data:
    Exposure data related to all types of health hazards associated 
with military service, including garrison and deployed settings. 
Electronic data supporting exposure-based medical surveillance 
including environmental testing programs (air, soil, water); industrial 
hygiene monitoring programs; occupational monitoring programs (e.g., 
hearing conservation, radiation dosimetry, ergonomic evaluations, 
etc.); injury prevention programs; safety and incident reporting; 
personnel protective equipment and medical programs required to limit 
exposure to environmental safety and health hazards; and operational 
reports of combat exposure during deployments.

Legal Information:
    Criminal investigation and military police report details to 
include date and location of incident, incident descriptions, criminal 
charges documented, suspect, subject and victim information, report 
number which allows access to records noted; domestic violence actions 
and descriptions including type and date of incident. Information, to 
include article violations and outcomes related to actions conducted 
under the Uniform Code of Military Justice (UCMJ), encompassing 
administrative action, non-judicial punishment and all courts martial.


[[Page 34304]]


    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, 
Confidentiality of Records. 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. 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.''

Authority for maintenance of the system:
    Delete entry and replace with ``10 U.S.C. 3013, Secretary of the 
Army; 5 U.S.C. 7902, Safety Programs; 29 U.S.C. 668, Programs of 
Federal Agencies; 29 CFR 1910, Occupational Safety and Health 
Standards; 42 U.S.C. 290dd-2, Substance Abuse and Mental Health 
Services; E.O. 12223, Occupational Safety Health Programs for Federal 
Employees; DoD Instruction 6490.2E, Comprehensive Health Surveillance; 
DoD Instruction 6015.23, Delivery of Healthcare at Military Treatment 
Facilities (MTFs); DoD Instruction 1300.18, Personnel Casualty Matters, 
Policies, and Procedures; Army Regulation 40-5, Preventive Medicine; 
Army Regulation 40-66, Medical Record Administration and Health Care 
Documentation; Army Regulation 195-2, Criminal Investigation 
Activities; Army Regulation 600-85, Army Substance Abuse Program; Army 
Regulation 600-8-104, Military Personnel Information Management/
Records; Army Regulation 608-18, The Family Advocacy Program; and E.O. 
9397 (SSN), as amended.''

Purpose(s):
    Delete entry and replace with ``To support operational public 
health practices and maintain a record of work places, training, 
exposures (occupational and environmental), medical surveillance, 
ergonomic recommendations, corrections and any medical care provided 
for eligible individuals. As the Army's public health authority, the 
U.S. Army Public Health Command (USAPHC) and Army Institute of Public 
Health is authorized to collect or receive such information for the 
purpose of preventing or controlling disease, injury, or disability, 
the reporting of disease, injury, vital events, such as birth or death, 
and the conduct of public health surveillance, public health 
investigations, and public health interventions.''

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, 
as amended, 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:
    The DoD Blanket Routine Uses set forth at the beginning of the 
Army's compilation of systems of records notices may apply to this 
system.

    Note: This system of records contains protected 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, as amended, or mentioned in this system of 
records notice.''

* * * * *

Retrievability:
    Delete entry and replace with ``By member's surname, DoD ID number 
or SSN.''
* * * * *

Retention and disposal:
    Delete entry and replace with ``Disposition pending until the 
National Archives and Records Administration approves retention and 
disposal schedule. Records will be treated as permanent.''
* * * * *

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 Director, U.S. Army Institute of 
Public Health, 5158 Blackhawk Road, Aberdeen Proving Ground, Maryland 
21010-5403 or Chief Information Officer, Office of the Surgeon General, 
U.S. Army Medical Command, 2050 Worth Road, Suite 13, Fort Sam Houston, 
TX 78234-6013, or to the Patient Administrator at the appropriate 
medical treatment facility.
    Individual should provide full name, mailing address, SSN or DoD ID 
number and military status and, if required, other information 
verifiable from the record itself.
    In addition, the requester must provide a notarized statement or an 
unsworn declaration made in accordance with 28 U.S.C. 1746, in the 
following format:

If executed outside the United States:
    `I declare (or certify, verify, or state) under penalty of perjury 
under the laws of the United States of America that the foregoing is 
true and correct. Executed on (date). (Signature)'.
    If executed within the United States, its territories, possessions, 
or commonwealths: `I declare (or certify, verify, or state) under 
penalty of perjury that the foregoing is true and correct. Executed on 
(date). (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 Director, U.S. Army Institute of Public 
Health, 5158 Blackhawk Road, Aberdeen Proving Ground, Maryland 21010-
5403 or Chief Information Officer, Office of the Surgeon General, U.S. 
Army Medical Command, 2050 Worth Road, Suite 13, Fort Sam Houston, TX 
78234-6013, or to the Patient Administrator at the appropriate medical 
treatment facility.
    Individual should provide full name, mailing address, SSN or DoD ID 
number and military status and, if required, other information 
verifiable from the record itself.
    In addition, the requester must provide a notarized statement or an 
unsworn declaration made in accordance with 28 U.S.C. 1746, in the 
following format:

If executed outside the United States:
    `I declare (or certify, verify, or state) under penalty of perjury 
under the laws of the United States of America that the foregoing is 
true and correct. Executed on (date). (Signature)'.

If executed within the United States, its territories, possessions, or 
commonwealths:
    `I declare (or certify, verify, or state) under penalty of perjury 
that the foregoing is true and correct. Executed on (date). 
(Signature)'.''
* * * * *

Record source categories:
    Delete entry and replace with ``Data contained in this system is 
collected from the individual, Army offices, the Defense Medical 
Surveillance System

[[Page 34305]]

(DMSS) and the Defense Manpower Data Center (DMDC).''
* * * * *
[FR Doc. 2014-13889 Filed 6-13-14; 8:45 am]
BILLING CODE 5001-06-P