[Federal Register Volume 75, Number 239 (Tuesday, December 14, 2010)]
[Notices]
[Pages 77855-77857]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2010-31249]


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DEPARTMENT OF DEFENSE

Department of the Navy

[Docket ID: USN-2010-0044]


Privacy Act of 1974; System of Records

AGENCY: Department of the Navy, DoD.

ACTION: Notice to Amend a System of Records.

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SUMMARY: The Department of the Navy proposes to amend a system of 
records in its inventory of record systems subject to the Privacy Act 
of 1974 (5 U.S.C. Sec.  552a), as amended.

DATES: The changes will be effective on January 13, 2011 unless 
comments are received that would result in a contrary determination.

ADDRESSES: You may submit comments, identified by docket number and/
Regulatory Information Number (RIN) and title, by any of the following 
methods:
    <bullet> Federal Rulemaking Portal: http://www.regulations.gov. 
Follow the instructions for submitting comments.
    <bullet> Mail: Federal Docket Management System Office, Room 3C843, 
1160 Defense Pentagon, Washington, DC 20301-1160.
    Instructions: All submissions received must include the agency name 
and docket number or Regulatory Information Number (RIN) 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: Ms. Robin Patterson, HEAD, FOIA/
Privacy Act Policy Branch, the Department of the Navy, 2000 Navy 
Pentagon, Washington, DC 20350-2000, or Ms. Robin Patterson (202) 685-
6546.

SUPPLEMENTARY INFORMATION: The Department of the Navy systems of 
records notice subject to the Privacy Act of 1974, (5 U.S.C. Sec.  
552a), as amended, has been published in the Federal Register and is 
available from the FOR FURTHER INFORMATION CONTACT address above.
    The specific changes to the record system being amended are set 
forth below followed by the notice, as amended, published in its 
entirety. The proposed amendment is 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 new or altered systems reports.

    Dated: December 8, 2010.
Morgan F. Park,
Alternate OSD Federal Register Liaison Officer, Department of Defense.
N05350-1

System name:
    Navy Drug and Alcohol Program System (August 4, 2006, 71 FR 44267).

Changes:
* * * * *

System location:
    Delete entry and replace with ``Primary location: Personal and 
Family Readiness (N135), 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, Personal 
and Family Readiness (N135), Navy Personnel Command, 5720 Integrity 
Drive, Millington, TN 38055-6000.''
* * * * *

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

System manager(s) and address:
    Delete entry and replace with ``Director, Personal and Family 
Readiness (N135), Navy Personnel Command, 5720 Integrity Drive, 
Millington, TN 38055-6000.''

Notification procedure:
    Delete entry and replace with ``Individuals seeking to determine 
whether this system of records contains information about themselves 
should address written inquiries to the Director, Personal and Family 
Readiness (N135),

[[Page 77856]]

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, Personal and 
Family Readiness (N135), Navy Personnel Command, 5720 Integrity Drive, 
Millington, TN 38055-6000.
    Requests should contain full name, Social Security Number (SSN), 
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.''

Record access procedures:
    Delete entry and replace with ``Individuals seeking access to 
records about themselves contained in this system of records should 
address written inquiries to the Director, Personal and Family 
Readiness (N135), 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, Personal and Family Readiness (N135), Navy Personnel Command, 
5720 Integrity Drive, Millington, TN 38055-6000.
    The letter should contain full name, Social Security Number (SSN), 
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.''
* * * * *
N05350-1

System name:
    Navy Drug and Alcohol Program System.

System location:
    Primary location: Personal and Family Readiness (N135), 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, Personal 
and Family Readiness (N135), Navy Personnel Command, 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 civilian employees, 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 full name, Social Security Number (SSN), 
rate/rank, military status, demographic data, screening and assessment 
information, progress notes, medical and laboratory data, results of 
active and reserve member's urinalysis testing, 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, 
Confidentiality of records; and E.O. 9397 (SSN) as amended.

Purpose(s):
    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.
    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 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 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 
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 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.

[[Page 77857]]

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 (SSN).

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 or three years and then 
retired to the nearest Federal Records Center. Automated records are 
maintained indefinitely.

System manager(s) and address:
    Director, Personal and Family Readiness (N135), 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, Personal and Family Readiness (N135), 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, Personal and Family Readiness (N135), Navy Personnel Command, 
5720 Integrity Drive, Millington, TN 38055-6000.
    Requests should contain full name, Social Security Number (SSN), 
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.

Record access procedures:
    Individuals seeking access to records about themselves contained in 
this system of records should address written inquiries to the 
Director, Personal and Family Readiness (N135), 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, Personal and Family Readiness 
(N135), Navy Personnel Command, 5720 Integrity Drive, Millington, TN 
38055-6000.
    The letter should contain full name, Social Security Number (SSN), 
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.

Contesting record procedures:
    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. 2010-31249 Filed 12-13-10; 8:45 am]
BILLING CODE 5001-06-P