Privacy Act of 1974; System of Records, 44267-44269 [06-6680]

Agencies

• DEPARTMENT OF DEFENSE
• Department of the Navy
• Navy Department

[Federal Register Volume 71, Number 150 (Friday, August 4, 2006)]
[Notices]
[Pages 44267-44269]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 06-6680]


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DEPARTMENT OF DEFENSE

Department of the Navy

[USN-2006-0046]


Privacy Act of 1974; System of Records

AGENCY: Department of the Navy, DoD.

ACTION:  Notice to amend systems of records.

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SUMMARY: The Department of the Navy 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 will be effective without further notice on 
September 5, 2006 unless comments are received which result in a 
contrary determination.

ADDRESSES: Send comments to the Department of the Navy, PA/FOIA Policy 
Branch, Chief of Naval Operations (DNS-36), 2000 Navy Pentagon, 
Washington, DC 20350-2000.

FOR FURTHER INFORMATION CONTACT: Mrs. Doris Lama at (202) 685-6545.

SUPPLEMENTARY INFORMATION: The Department of the Navy 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 record systems 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 31, 2006.
C.R. Choate,
Alternate OSD Federal Register Liaison Officer, Department of Defense.
N05350-1

System name:
    Navy Drug and Alcohol Program (April 28, 1999, 64 FR 22840).

[[Page 44268]]

Changes:
* * * * *

System location:
    Delete entry and replace with: ``Primary location: Personnel 
Readiness and Community Support (N151), Navy Personnel Command, 5720 
Integrity Drive, Millington, TN 38055-6000. Decentralized locations: 
Navy Alcohol Rehabilitation Centers, Navy Alcohol Rehabilitation 
Departments in Naval Hospitals, Counseling and Assistance Centers, 
Personal Responsibility and Values Education and Training Program 
(Prevent) Offices, Navy Drug Screening Laboratories, and local 
activities to which an individual is assigned. Addresses are contained 
in a directory which is available from the Director, Personnel 
Readiness and Community Support (N151), Navy Personnel Command, 5720 
Integrity Drive, Millington, TN 38055-6000.''

Categories of individuals covered by the system:
    Delete entry and replace with ``Navy personnel (officers and 
enlisted) who have been identified as drug or alcohol abusers and who 
are subsequently screened or referred for remedial education, 
outpatient counseling, or residential rehabilitation; counselors, 
counselor interns, and counselor applications; Navy personnel who 
attend the Prevent Program for preventive education; dependents and 
civilians where authorized, who participate in preventive and remedial 
education programs, outpatient counseling, and residential 
rehabilitation; and officer, enlisted, and civilian staff members of 
facilities providing drug and alcohol education, screening, counseling, 
rehabilitation, and drug testing.''
* * * * *

Authority for maintenance of the system:
    Delete entry and replace with ``10 U.S.C. 1090, Identifying and 
treating drug and alcohol dependence; 10 U.S.C. 5013, Secretary of the 
Navy; 42 U.S.C. 290dd-2; and E.O. 9397 (SSN).''

Purpose(s):
    Delete first paragraph and replace with ``To train, educate, 
identify, screen, counsel, rehabilitate, and monitor the progress of 
individuals in drug and alcohol abuse programs.''

Routine uses of records maintained in the system, including categories 
of users and the purposes of such uses:
    In the third paragraph, delete ``or drug abuse or obesity/
compulsive overeating prevention,''.
* * * * *

System manager(s) and address:
    Delete and replace with ``Director, Personnel Readiness and 
Community Support (N151), Navy Personnel Command, 5720 Integrity Drive, 
Millington, TN 38055-6000.''

Notification procedure:
    Delete first paragraph and replace with ``Individuals seeking to 
determine whether this system of records contains information about 
themselves should address written inquiries to the Director, Personnel 
Readiness and Community Support (N151), Navy Personnel Command, 5720 
Integrity Drive, Millington, TN 38055-6000 or to the Naval activity 
providing treatment. Addresses are contained in a directory which is 
available from the Director, Personnel Readiness and Community Support 
(N151), Navy Personnel Command, 5720 Integrity Drive, Millington, TN 
38055-6000.''
    Delete the third paragraph.

Record access procedures:
    Delete first paragraph and replace with ``Individuals seeking 
access to records about themselves contained in this system of records 
should address written inquiries to the Director, Personnel Readiness 
and Community Support (N151), Navy Personnel Command, 5720 Integrity 
Drive, Millington, TN 38055-6000 or to the navy activity providing 
treatment. Addresses are contained in a directory which is available 
from the Director, Personnel Readiness and Community Support (N151), 
Navy Personnel Command, 5720 Integrity Drive, Millington, TN 38055-
6000.''
    Delete the third paragraph.
* * * * *
N05350-N

System name:
    Navy Drug and Alcohol Program System.

System location:
    Primary location: Personnel Readiness and Community Support (N151), 
Navy Personnel Command, 5720 Integrity Drive, Millington, TN 38055-
6000.
    Decentralized locations: Navy Alcohol Rehabilitation Centers, Navy 
Alcohol Rehabilitation Departments in Naval Hospitals, Counseling and 
Assistance Centers, Personal Responsibility and Values Education and 
Training Program (Prevent) Offices, Navy Drug Screening Laboratories, 
and local activities to which an individual is assigned. Addresses are 
contained in a directory which is available from the Director, 
Personnel Readiness and Community Support (N151), Navy Personnel 
Command, 5720 Integrity Drive, Millington, TN 38055-6000. Navy 
Personnel Command (Pers-602), 5720 Integrity Drive, Millington, TN 
38055-6000.

Categories of individuals covered by the system:
    Navy personnel (officers and enlisted) who have been identified as 
drug or alcohol abusers and who are subsequently screened or referred 
for remedial education, outpatient counseling, or residential 
rehabilitation; counselors, counselor interns, and counselor 
applicants; Navy personnel who attend the Prevent Program for 
preventive education; dependents and civilians, where authorized, who 
participate in preventive and remedial education programs, outpatient 
counseling, and residential rehabilitation; and officer, enlisted, and 
civilian staff members of facilities providing drug and alcohol 
education, screening, counseling, rehabilitation, and drug testing.

Categories of records in the system:
    Documentation containing demographic data, screening and assessment 
information, progress notes, medical and laboratory data, narrative 
summaries of treatment, aftercare plans, and other information 
pertaining to a member's participation in substance abuse education, 
counseling, and rehabilitation programs.

Authority for maintenance of the system:
    10 U.S.C. 1090, Identifying and treating drug and alcohol 
dependence; 10 U.S.C. 5013, Secretary of the Navy; 42 U.S.C. 290dd-2; 
and E.O. 9397 (SSN).

Purpose(s):
    To train, education, identify, screen, counsel, rehabilitate, and 
monitor the progress of individuals in drug and alcohol abuse programs.
    Information is used to screen and evaluate the certified 
counselors, counselor interns, and counselor applicants throughout the 
course of their duties.

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: In order to comply with the 
provisions of 42 U.S.C. 290dd-2, the Navy's `Blanket Routine

[[Page 44269]]

Uses' do not apply to this system of records.
    Specifically, records of the identity, diagnosis, prognosis, or 
treatment of any client/patient, irrespective of whether or when he/she 
ceases to be client/patient, maintained in connection with the 
performance of any alcohol or drug abuse, education, training, 
treatment, rehabilitation, or research which is 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 content of any record may be disclosed in accordance with prior 
written consent of the patient with respect to whom such record is 
maintained, but only to such extent, under such circumstances, and for 
such purposes as may be allowed under such prescribed regulations.
    Information from records may be released without the member's 
consent in the following situations:
    To medical personnel to the extent necessary to meet a bona fide 
medical emergency.
    To qualified personnel for the purpose of conducting scientific 
research, management audits, or program evaluation, but such personnel 
may not identify, directly or indirectly, any individual patient in any 
report of such research, audit or evaluation, or otherwise disclose 
patient identities in any manner.
    If authorized by an appropriate order of a court of competent 
jurisdiction granted after applications showing good case therefore. In 
accessing good cause, the court shall weigh the public interest and the 
need for disclosure against the injury to the patient, to the 
physician-patient relationship, and to the treatment services. Upon the 
granting of such order, the court, in determining the extent to which 
any disclosure of all or any part of an record is necessary, shall 
impose appropriate safeguards against unauthorized disclosures.
    The above prohibitions do not apply to any interchange of records 
within the Armed Forces or within those components of the Department of 
Veterans Affairs furnishing health care to veterans or between such 
components and the Armed Forces.

Policies and practices for storing, retrieving, accessing, retaining, 
and disposing of records in the system:
Storage:
    Automated records may be stored on computer disks (both hard drive 
and floppy), magnetic tapes, and drums.
    Manual records may be stored in paper file folders, computer 
printouts, microfiche, or microfilm.

Retrievability:
    Name and Social Security Number.

Safeguards:
    Computer facilities are located in restricted areas accessible only 
to authorized persons that are properly screened, cleared and trained.
    Manual records and computer printouts are available only to 
authorized personnel having a need-to-know.

Retention and disposal:
    Manual records are maintained for two years (Level I/II) or three 
years (Level III) and then retired to the nearest Federal Records 
Center. Automated records are maintained indefinitely.

System manager(s) and address:
    Director, Personnel Readiness and Community Support (N151), Navy 
Personnel Command, 5720 Integrity Drive, Millington, TN 38055-6000.

Notification procedure:
    Individuals seeking to determine whether this system of records 
contains information about themselves should address written inquiries 
to the Director, Personnel Readiness and Community Support (N151), Navy 
Personnel Command, 5720 Integrity Drive, Millington, TN 38055-6000 or 
to the naval activity providing treatment. Addresses are contained in a 
directory which is available from the Director, Personnel Readiness and 
Community Support (N151), Navy Personnel Command, 5720 Integrity Drive, 
Millington, TN 38055-6000.
    The letter should contain full name, Social Security Number, rank/
rate, military status, and signature of the requester.

Record access procedures:
    Individuals seeking access to records about themselves contained in 
this system of records should address written inquiries to the 
Director, Personnel Readiness and Community Support (N151), Navy 
Personnel Command, 5720 Integrity Drive, Millington, TN 38055-6000 or 
to the naval activity providing treatment. Addresses are contained in a 
directory which is available from the Director, Personnel Readiness and 
Community Support (N151), Navy Personnel Command, 5720 Integrity Drive, 
Millington, TN 38055-6000.
    The letter should contain full name, Social Security Number, rank/
rate, military status, and signature of the requester.

Contesting record producer:
    The Navy's rules for accessing records, and for contesting contents 
and appealing initial agency determinations are published in Secretary 
of the Navy Instruction 5211.5; 32 CFR part 701; or may be obtained 
from the system manager.

Record source categories:
    DOD/DON officials; notes and documents from Service Jackets and 
Medical Records; and general correspondence concerning the individual.

Exemptions claimed for the system:
    None.

[FR Doc. 06-6680 Filed 8-3-06; 8:45 am]
BILLING CODE 5001-06-M