Privacy Act of 1974; System of Records, 55762-55764 [2014-22094]

Agencies

• DEPARTMENT OF DEFENSE
• Department of the Army

[Federal Register Volume 79, Number 180 (Wednesday, September 17, 2014)]
[Notices]
[Pages 55762-55764]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2014-22094]


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DEPARTMENT OF DEFENSE

Department of the Army

[Docket ID USA-2014-0034]


Privacy Act of 1974; System of Records

AGENCY: Department of the Army, DoD.

ACTION: Notice to add a new System of Records.

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SUMMARY: The Department of the Army proposes to add a new system of 
records, A0040-66 ARNG, Medical Readiness and Waivers Records, in its 
inventory of record systems subject to the Privacy Act of 1974, as 
amended. This system is used by the Army National Guard (ARNG) and U.S. 
Army Reserves (USAR) Surgeons to support recruiting and medical 
readiness of personnel in the Reserve Components.

DATES: Comments will be accepted on or before October 17, 2014. This 
proposed action will be effective 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: https://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 https://www.regulations.gov as they are received without change, 
including any personal identifiers or contact information.

FOR FURTHER INFORMATION CONTACT: Mr. Leroy Jones, Jr., 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 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 at 
https://dpclo.defense.gov/ gov/. The proposed system report, as required by 
5 U.S.C. 552a(r) of the Privacy Act of 1974, as amended, was submitted 
on June 27, 2013, to the House Committee on Oversight and Government 
Reform, the Senate Committee on 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: September 11, 2014.
Aaron Siegel,
Alternate OSD Federal Register Liaison Officer, Department of Defense.

A0040-66 ARNG

System name:
    Medical Readiness and Waivers Records.

System location:
    National Guard Bureau, Office of the Chief Surgeon, Army National 
Guard Readiness Center, 111 South George Mason Drive, Arlington VA 
22204-1373.

Categories of individuals covered by the system:
    Members of the Army National Guard in Title 32 status and/or Title 
10 status; members of the U.S. Army Reserves in Title 10 status; and 
prospects for accession into the Army National Guard.

    Note:  Title 32 status: On active duty but remain a member of a 
state National Guard. Title 10 status: Considered to be an active 
duty member of the U.S. Army.

Categories of records in the system:
    Name, Unit, unit address, Unit Identification Code, telephone 
number, email address, DoD ID Number, Social Security Number (SSN), 
internal tracking identification number, medical treatment records used 
to document physical and psychological health; and dental records. 
These records may include records of inpatient and/or outpatient status 
to include records of all forms of treatment at non-military medical 
treatment facilities.

Authority for maintenance of the system:
    10 U.S.C. 3013, Secretary of the Army; 10 U.S.C. 1071-1085, Medical 
and Dental Care; 50 U.S.C. Supplement IV, Appendix 454, as amended, 
Persons liable for training and service; 42 U.S.C. Chapter 117, 
Sections 11131-11152, Reporting of Information; 10 U.S.C. 1097a and 
1097b TRICARE Prime and TRICARE Program; 10 U.S.C. 1079, Contracts for 
Medical Care for Spouses and Children; 10 U.S.C. 1079a, CHAMPUS; 10 
U.S.C. 1086, Contracts for Health Benefits for Certain Members, Former 
Members, and Their Dependents; 10 U.S.C. 1095, as amended by Pub. L. 
99-272, Health care services incurred on behalf of covered 
beneficiaries: Collection from third-party payers; DoD Instruction 
6130.03, Medical Standards for Appointment, Enlistment, or Induction in 
the Military Services; Army Regulation 40-68, Clinical Quality 
Management; DoD

[[Page 55763]]

Directive 6040.37, Confidentiality of Medical Quality Assurance (QA) 
Records; DoD 6010.8-R, Civilian Health and Medical Program of the 
Uniformed Services (CHAMPUS); Army Regulation 40-66, Medical Record 
Administration and Health Care Documentation; Army Regulation 40-501, 
Standards of Medical Fitness; USAREC Regulation 601-56, Waiver, Future 
Soldier Program Separation, and Void Enlistment Processing Procedures; 
and E.O. 9397 (SSN), as amended.

Purpose(s):
    This system is used by the Army National Guard (ARNG) and U.S. Army 
Reserves (USAR) Surgeons to support recruiting and medical readiness of 
personnel in the Reserve Components. The primary functions of this 
system are to aid in the continuity of care of Guardsmen and Reservists 
and to assist in determining the medical and psychological suitability 
of persons for service or assignment. This distinct record set is 
necessary due to the unique nature of the ARNG and USAR which typically 
do not receive their routine medical care at an Active Component 
military medical treatment facility (MTF); therefore, Military 
Treatment Records (MTRs) are not retained at an MTF. This distinct 
record set is also necessary for recruiting since the ARNG does not 
maintain records on medical waiver evaluations.

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, 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:
    Information may be disclosed to the Department of Veterans Affairs 
to adjudicate veterans' claims and provide medical care to Army 
members.
    To the National Research Council, National Academy of Sciences, 
National Institutes of Health, Armed Forces Institute of Pathology, and 
similar institutions for authorized health research in the interest of 
the Federal Government and the public. When not essential for 
longitudinal studies, patient identification data shall be eliminated 
from records used for research studies. Facilities/activities releasing 
such records shall maintain a list of all such research organizations 
and an accounting disclosure of records released thereto.
    To local and state government agencies for compliance with local 
laws and regulations governing control of communicable diseases, 
preventive medicine and safety, child abuse, and other public health 
and welfare programs.
    To third party payers per 10 U.S.C. 1095 as amended by Public Law 
99-272, Health care services incurred on behalf of covered 
beneficiaries: collection from third-party payers, for the purpose of 
collecting reasonable inpatient/outpatient hospital care costs incurred 
on behalf of retirees or dependents.
    To former DoD health care providers, who have been identified as 
being the subjects of potential reports to the National Practitioner 
Data Bank as a result of a payment having been made on their behalf by 
the U.S. Government in response to a malpractice claim or litigation, 
for purposes of providing the provider an opportunity, consistent with 
current requirements and Army Regulation 40-68, Clinical Quality 
Management, to provide any pertinent information and to comment on 
expert opinions, relating to the claim for which payment has been made.
    The DoD Blanket Routine Uses set forth at the beginning of the 
Army's systems of records notices may apply to this system.

    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. 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, as amended, 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 records and electronic storage media.

Retrievability:
    The patient surname, SSN, or internal tracking identification 
number.

Safeguards:
    Records are maintained in a controlled facility. Physical entry is 
restricted by the use of locks, identification badges, key cards, 
guards, closed circuit TV, and is accessible only to authorized 
personnel. Access to records is limited to person(s) responsible for 
servicing the record in performance of their official duties and who 
are properly screened and cleared for need-to-know. Access to 
computerized data is restricted by Common Access Cards (CAC) and 
Personal Identity Verification (PIV) cards.

Retention and disposal:
    Until the National Archives and Records Administration approves the 
disposition of these records, treat as permanent.

System manager(s) and address:
    National Guard Bureau, Office of the Chief Surgeon, Army National 
Guard Readiness Center, 111 South George Mason Drive, Arlington, VA 
22204-1373.

Notification procedure:
    Individuals seeking to determine whether information about 
themselves is contained in this system should address written inquiries 
to the Army National Guard Joint Force Headquarters Office within their 
respective state for Army National Guard Soldiers and the United States 
Army Military Personnel Management Directorate for United States Army 
Reservists.
    An individual must include a written signature and self-declaration 
citing that, under penalty of perjury, they are requesting records of 
themselves.
    Requests should include the patient's full name, SSN and/or DoD ID 
Number and any other details which will assist in locating the record 
such as the name of the hospital and/or year of treatment of records 
they are seeking, as well as a full mailing address where records may 
be sent.

Record access procedures:
    Individuals seeking access to information about themselves 
contained in this system should address written

[[Page 55764]]

inquiries to the Army National Guard Joint Force Headquarters Office 
within their respective state for Army National Guardsmen and the 
United States Army G-1 Military Personnel Management Directorate for 
United States Army Reservists.
    An individual must include a written signature and self-declaration 
citing that, under penalty of perjury, they are requesting records of 
themselves.
    Requests should include the patient's full name, SSN and/or DoD ID 
Number and any other details which will assist in locating the record 
such as the name of the hospital and/or year of treatment of records 
they are seeking, as well as a full mailing address where records may 
be sent.

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.

Record source categories:
    From the individual, physicians, and medical personnel at military 
and non-military treatment facilities.

Exemptions claimed for the system:
    None.

[FR Doc. 2014-22094 Filed 9-16-14; 8:45 am]
BILLING CODE 5001-06-P