Privacy Act of 1974; System of Records, 7768-7770 [2016-02946]

Agencies

• DEPARTMENT OF DEFENSE
• Department of the Navy

[Federal Register Volume 81, Number 30 (Tuesday, February 16, 2016)]
[Notices]
[Pages 7768-7770]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2016-02946]


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DEPARTMENT OF DEFENSE

Department of the Navy

[Docket ID USN-2016-HQ-0002]


Privacy Act of 1974; System of Records

AGENCY: Department of the Navy, DoD.

ACTION: Notice to alter a system of records.

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SUMMARY: The Department of the Navy proposes to alter a system of 
records notice N05350-1, entitled ``Navy Drug and Alcohol Program 
System.'' This system is used to train, educate, 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.

DATES: Comments will be accepted on or before March 17, 2016. This 
proposed action will be effective on the date 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: Department of Defense, Office of the Deputy Chief 
Management Officer, Directorate of Oversight and Compliance, Regulatory 
and Audit

[[Page 7769]]

Matters Office, 9010 Defense Pentagon, Washington, DC 20301-9010.
    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: Ms. Robin Patterson, Head, PA/FOIA 
Office (DNS-36), Department of the Navy, 2000 Navy Pentagon, 
Washington, DC 20350-2000, or by phone at (202) 685-6545.

SUPPLEMENTARY INFORMATION: The Department of the Navy'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 the FOR FURTHER INFORMATION CONTACT or 
from the Defense Privacy and Civil Liberties Division Web site at 
https://dpcld.defense.gov/.
    The proposed systems reports, as required by 5 U.S.C. 552a(r) of 
the Privacy Act, as amended, were submitted on February 8, 2016, 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: February 9, 2016.
Aaron Siegel,
Alternate OSD Federal Register Liaison Officer, Department of Defense.
N05350-1

System name:
    Navy Drug and Alcohol Program System (December 14, 2010, 75 FR 
77855).

Changes:
* * * * *

SORN ID:
    Delete entry and replace with ``NM05353-1''.
* * * * *

System location:
    Delete entry and replace with ``Primary location 21st Century 
Sailor Office (OPNAV N17), 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, Navy Alcohol and 
Drug Prevention (OPNAV N170A), 5720 Integrity Drive, Millington, TN 
38055-6000.''

Categories of individuals covered by the system:
    Delete entry and replace with ``Navy and Marine personnel (officers 
and enlisted) and reserve personnel, 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 drug and alcohol preventive 
education and training; Marine personnel who attend Prime for Life 
Program for preventive education and training; officer and enlisted 
members of facilities providing drug and alcohol education, screening, 
counseling, rehabilitation, and drug testing.''

Categories of records in the system:
    Delete entry and replace with ``Documentation containing full name, 
Social Security Number (SSN) or DoD ID Number, rate/rank, military 
status, demographic data, screening and assessment information, medical 
and laboratory data, results of active and reserve members' urinalysis 
and hair testing, narrative summaries of treatment, aftercare plans, 
and other information pertaining to a member's participation in 
substance abuse education and training, counseling, and rehabilitation 
programs.''

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; 10 U.S.C. 5041, Headquarters, Marine Corps; 42 U.S.C. 290dd-2, 
Confidentiality of records; DoD 6025.18-R, DoD Health Information 
Privacy Regulation; and E.O. 9397 (SSN), as amended.''
* * * * *

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, the 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 order to comply with the provisions of 42 U.S.C. 290dd-2, the 
Department of Defense (DoD) blanket routine 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, as amended, 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 
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 application 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

[[Page 7770]]

treatment services. Upon the granting of such order, the court, in 
determining the extent to which any disclosure of all or any part of 
any 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.

    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.''

* * * * *

Storage:
    Delete entry and replace with ``Electronic storage media.''

Retrievability:
    Delete entry and replace with ``Name and SSN or DoD ID Number.''

Safeguards:
    Delete entry and replace with ``Computer facilities are located in 
restricted areas accessible only to authorized persons that are 
properly screened, cleared, and trained. Access to Computerized data is 
restricted by Common Access Card (CAC).''

Retention and disposal:
    Delete entry and replace with ``All electronic records are 
permanent and are archived within the Alcohol and Drug Management 
Information System.''

System manager(s) and address:
    Delete entry and replace with ``Director, Navy Alcohol and Drug 
Prevention Office (OPNAV N170A), 5720 Integrity Drive, Millington, TN 
38055-6000.''

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, Navy Alcohol and Drug 
Prevention Office (OPNAV N170A), 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, Navy Alcohol and Drug Prevention Office (OPNAV N170A), 5720 
Integrity Drive, Millington, TN 38055-6000.
    Requests should contain full name, SSN or DoD ID Number, rank/rate, 
military status, and signature of the requester. The system manager may 
require an original signature or a notarized signature as a means of 
proving the identity of the individual.''

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, Navy Alcohol and Drug Prevention 
Office (OPNAV N170A), 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, Navy Alcohol and Drug Prevention Office (OPNAV N170A), 5720 
Integrity Drive, Millington, TN 38055-6000.
    The letter should contain full name, SSN or DoD ID Number, rank/
rate, military status, and signature of the requester. The system 
manager may require an original signature or a notarized signature as a 
means of proving the identity of the individual requesting access to 
the records.''
* * * * *
[FR Doc. 2016-02946 Filed 2-12-16; 8:45 am]
 BILLING CODE 5001-06-P