Privacy Act of 1974; System of Records, 62765-62767 [E9-28592]

Agencies

• DEPARTMENT OF DEFENSE
• Department of the Army
• Army Department

[Federal Register Volume 74, Number 229 (Tuesday, December 1, 2009)]
[Notices]
[Pages 62765-62767]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E9-28592]


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DEPARTMENT OF DEFENSE

Department of the Army

[Docket ID: USA-2009-0033]


Privacy Act of 1974; System of Records

AGENCY: Department of the Army, DoD.

ACTION: Notice to Add a System of Records.

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SUMMARY: The Department of the Army is proposing to add a system of 
records to its existing inventory of records systems subject to the 
Privacy Act of 1974, (5 U.S.C. 552a), as amended.

DATES: The proposed action will be effective on December 31, 2009 
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 eRulemaking Portal: https://www.regulations.gov. 
Follow the instructions for submitting comments.
     Mail: Federal Docket Management System Office, 1160 
Defense Pentagon, Washington, DC 20301-1160.
    Instructions: All submissions received must include the agency 
name, docket number and title 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 https://www.regulations.gov as they are received without 
change, including any personal identifiers or contact information.

FOR FURTHER INFORMATION CONTACT: Mr. Leroy Jones at (703) 428-6185.

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 proposed system report, as required by 5 U.S.C. 552a(r) of the 
Privacy Act of 1974, as amended, was submitted on November 24, 2009, 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: November 24, 2009.
Patricia L. Toppings,
OSD Federal Register Liaison Officer, Department of Defense.
A0040-5b DASG

System name:
    Army Behavioral Health Integrated Data Environment (ABHIDE).

System location:
    U.S. Army Center for Health Promotion and Preventive Medicine, 5158 
Blackhawk Road, Aberdeen Proving Ground, Maryland 21010-5403.

Categories of individuals covered by the system:
    Active duty Army including National Guard and Reserves, and retired 
Army personnel.

Categories of records in the system:
    Personal Information: Patient or individual's name, rank/grade, 
military status, address, date of birth, color, height, weight, place 
of birth, Social Security Number (SSN), duty stations, employment and 
job related information and history; deployment information, high 
school graduation date and location; highest level of education; other 
education, training and school information including courses and 
training completion; drug and alcohol screening results, treatment 
information and progress reports; casualty information including date 
and location of death and manner of death. Benefits eligibility, 
enrollment, designations and status information, appointment dates and 
locations, referrals, inpatient/outpatient care dates, diagnoses, 
medications ordered and received.
    Legal Information: Criminal investigations, date and location of 
incident, offense committed, Uniform Code of Military Justice Actions, 
codes for the type of crime, location of investigation, year and date 
of offense, names and personal identifiers of persons who have been 
subjects of electronic surveillance, suspects, subjects and victims of 
crimes, report number which allows access to records noted above; and 
domestic violence actions including type and date of incident. 
Exemptions claimed for the system: Investigative material compiled for 
law enforcement purposes 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 such 
information, the individual will be provided access to such information 
except to the extent that disclosure would reveal the identity of a 
confidential source.

    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. 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.


    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. This information will not be used for benefit 
determination or access to classified information, retention and 
other action to or about the individual.

Authority for maintenance of the system:
    10 U.S.C. 3013, Secretary of the Army; 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 40-66, 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; 42 U.S.C. 
290dd-2, Substance Abuse and Mental Health Services; and E.O. 9397 
(SSN), as amended.

Purpose(s):
    This database will provide a standardized, enterprise-wide,

[[Page 62766]]

information management and technology capability to integrate 
information from nonrelated/dispersed databases into a comprehensive 
health surveillance database to support mental, behavioral, social 
health and public health activities. Mental health can be defined as a 
state of well-being and self-awareness that allows the individual to 
work or otherwise contribute to his or her community, to enjoy life, 
and to cope with stress (sometimes termed psychological resilience). 
Behavioral health (BH) is a general concept that is often used to 
describe individual or societal behaviors and their relationship to 
physical, emotional, and spiritual health. BH is usually characterized 
by the absence of self-destructive behaviors, such as substance abuse, 
or suicidal actions. Social health overlaps with both of the other 
areas, but can be thought of in terms of relationships among 
individuals and/or communities. The ABHIDE database and its 
capabilities support enterprise-wide, population-based, public health 
surveillance (including data collection, analysis/interpretation, and 
reporting to appropriate authorities for public health action). 
Specific uses include establishing event-specific registries, such as a 
suicide registry, identifying risk factors, developing mitigation 
strategies, evaluating intervention and prevention programs, and 
prospectively monitoring Army communities with respect to their mental, 
behavioral, and social health. Other data collected in this system will 
include adverse behavioral health and social health outcomes, e.g., 
drug and/or alcohol abuse, suicidal behavior (suicides, attempts, 
ideations), etc. across all phases of Army service. Data from the 
ABHIDE are being used to analyze Army populations and will not be used 
to determine Soldier fitness for duty or other personnel actions, such 
as assignments, entitlements or benefits.

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:
    Under the need-to-know provision cited in 5 U.S.C. 552a(b) to the 
Chief of Staff Army, Vice Chief of Staff Army (VCSA), The Surgeon 
General (TSG), U.S. Army Medical Command (MEDCOM)/Office of The Surgeon 
General (OTSG). Information disclosed will be in response to senior 
leader requests pertaining to the surveillance and investigation of 
factors that may contribute to behavioral problems in populations (as 
opposed to individuals), with a special emphasis on suicides, suicidal 
behaviors and associated behavioral health outcomes.
    To legitimate, appropriately credentialed, researchers in support 
of authorized studies. These researchers may be internal, e.g., Army 
Science Board, or external, e.g., National Institute of Mental Health, 
academic institutes, RAND, GAO, etc. Some studies will be of short 
duration and small scope (such as a focused epidemiological 
consultation at an individual installation) while others will be long-
term formal research studies with Institutional Review Board oversight 
to ensure all required safeguards with respect to human subject 
protection, privacy, and HIPAA.
    Policies and practices for storing, retrieving, accessing, 
retaining, and disposing of records in the system:

Storage:
    Electronic storage media.

Retrievability:
    By client or member's surname or Social Security Number (SSN).

Safeguards:
    ABHIDE data is maintained in a controlled government facility. 
Physical entry is restricted by the use of locks, guards, and is 
accessible only to authorized personnel with a need-to-know. Access to 
personal data is limited to person(s) responsible for maintaining and 
servicing the ABHIDE data in performance of their official duties and 
who are properly trained, screened and cleared for a need-to-know. 
Access to personal data is further restricted by the use of Common 
Access Card (CAC) and/or strong password, which are changed 
periodically according to DoD security policy.

Retention and disposal:
    Disposition pending until the National Archives and Records 
Administration approves retention and disposal schedule, records will 
be treated as permanent.

System manager(s) and address:
    Commander, U.S. Army Center for Health Promotion and Preventive 
Medicine, 5158 Blackhawk Road, Aberdeen Proving Ground, Maryland 21010-
5403.

Notification procedure:
    Individuals seeking to determine whether information about 
themselves is contained in this system of records should address 
written inquiries to the Commander, U.S. Army Center for Health 
Promotion and Preventive Medicine, 5158 Blackhawk Road, Aberdeen 
Proving Ground, Maryland 21010-5403.
    Individual should provide full name, Social Security Number (SSN) 
and military status or 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:
    Individuals seeking access to information about themselves is 
contained in this system of records should address written inquiries to 
Commander, U.S. Army Center for Health Promotion and Preventive 
Medicine, 5158 Blackhawk Road, Aberdeen Proving Ground, Maryland 21010-
5403.
    Individual should provide full name, Social Security Number (SSN) 
and military status or 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)'.

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.

[[Page 62767]]

Record source categories:
    Data contained in this system is collected from the individual Army 
offices and DoD databases.

Exemptions claimed for the system:
    Investigative material compiled for law enforcement purposes 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 such information, the individual will be 
provided access to such information except to the extent that 
disclosure would reveal the identity of a confidential source.
    Records maintained solely for statistical research or program 
evaluation purposes and which are not used to make decisions on the 
rights, benefits, or entitlement of an 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).
    An exemption rule for these exemptions will be promulgated in 
accordance with requirements of 5 U.S.C. 553(b)(1), (2), and (3), (c) 
and (e) and published in 32 CFR part 505. For additional information 
contact the system manager.

[FR Doc. E9-28592 Filed 11-30-09; 8:45 am]
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