61096 Federal Register / Vol. 73, No. 200 / Wednesday, October 15, 2008 / Notices 

SAFEGUARDS: 

Access to buildings is controlled by 

security guards. The electronic index is 

maintained in specialized software with 

password protected access and data 

backup measures. Paper records are 

maintained in General Services 

Administration approved security 

containers, physically separated from 

other materials, and are accessible only 

to authorized personnel who are 

properly screened, cleared, and trained. 

RETENTION AND DISPOSAL: 

Investigative Records Repository 

electronic index entries are deleted 10 

years after date of interception or upon 

destruction (shredding, burning, 

pulping or magnetic erasing) or transfer 

to the National Archives of case file 

containing electronic surveillance 

information. Transfer dates occur 25, 30, 

and 50 years after the date of the most 

current material in the file as governed 

by retention period applied to the case 

dossier. Crime Records Center 

documents and related interception will 

be maintained for the period of time 

consistent to the investigative record to 

which they pertain, i.e., 3, 5, and 40 

years. Disposal will be through 

shredding, burning or pulping and 

magnetic erasing. 

Tapes obtained as the result of 

domestic non-consensual interceptions 

and retained as backup material will be 

kept for 10 years. 

SYSTEM MANAGER(S) AND ADDRESS: 

The Deputy Chief of Staff for 

Intelligence, Headquarters, Department 

of the Army, 1001 Army Pentagon, 

Washington, DC 20310–1001 for the 

intelligence portion of the index. 

The U.S. Army Criminal 

Investigations Command, 5611 

Columbia Pike, Falls Church, VA 

22041–2015 for the law enforcement 

portion of the index. 

NOTIFICATION PROCEDURE: 

Individuals seeking to determine 

whether information about themselves 

is contained in this system should 

address written inquiries to the United 

States Army Intelligence and Security 

Command, Freedom of Information/ 

Privacy Office, 4552 Pike Road, Fort 

Meade, MD 20755–5995. 

Individuals must furnish his/her full 

name, any alias, Social Security 

Number, date and place of birth, current 

address, telephone number, and a 

notarized signature or contact 1–866– 

548–5651 or e-mail the INSCOM FOIA 

office at INSCOM_FOIA_ServiceCenter@

mi.army.mil. 

RECORD ACCESS PROCEDURES: 

Individuals seeking to determine 

whether information about themselves 

is contained in this system should 

address written inquiries to the United 

States Army Intelligence and Security 

Command, Freedom of Information/ 

Privacy Office, 4552 Pike Road, Fort 

Meade, MD 20755–5995. 

Individuals must furnish his/her full 

name, any alias, Social Security 

Number, date and place of birth, current 

address, telephone number, and a 

notarized signature or contact 1–866– 

548–5651 or e-mail the INSCOM FOIA 

office at INSCOM_FOIA_ServiceCenter@

mi.army.mil. 

CONTESTING RECORD PROCEDURES: 

The Army’s rules for accessing 

records, 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: 

Army and other Federal, state and 

local investigative agencies. 

EXEMPTIONS CLAIMED FOR THE SYSTEM: 

Portions of this system may be exempt 

under the provisions of 5 U.S.C. 

552a(k)(1), (k)(2), or (k)(5), as applicable. 

An exemption rule for this system has 

been 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. E8–24441 Filed 10–14–08; 8:45 am] 

BILLING CODE 5001–06–P 

DEPARTMENT OF DEFENSE 

Department of the Army 

[Docket ID: USA–2008–0072] 

Privacy Act of 1974; System of 

Records 

AGENCY: Department of the Army, DoD. 

ACTION: Notice to Amend a System of 

Records. 

SUMMARY: The Department of the Army 

is proposing to amend a system of 

records in 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 November 14, 2008 unless 

comments are received that would 

result in a contrary determination. 

ADDRESSES: 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. 

FOR FURTHER INFORMATION CONTACT: Ms. 

Vicki Short at (703) 428–6508. 

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 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 a new 

or altered system report. 

Dated: October 7, 2008. 

Patricia L. Toppings, 

OSD Federal Register Liaison Officer, 

Department of Defense. 

DHA 03 

SYSTEM NAME: 

Pentagon Employee Referral Service 

(PERS) Counseling Records (February 

22, 1993, 58 FR 10227). 

CHANGES: 

Change system ID to ‘‘A0040–66c 

DASG’’. 

* * * * * 

SYSTEM LOCATION: 

Delete entry and replace with 

‘‘Pentagon Employee Referral Service, 

DiLorenzo TRICARE Health Clinic, 

Room 224, 5803 Army Pentagon, 

Washington, DC 20310–5803.’’ 

* * * * * 

AUTHORITY FOR MAINTENANCE OF THE SYSTEM: 

Delete entry and replace with ‘‘10 

U.S.C. 3013, Secretary of the Army; 5 

U.S.C. Part 792, Federal Employees’ 

Health and Counseling Programs; E.O. 

12564, 1986 Drug-Free Workplace; 

Army Regulation 40–66, Medical Record 

Administration and Health Care 

Documentation; and E.O. 9397 (SSN).’’ 

* * * * * 

ADD TWO NOTES UNDER ROUTINE USES OF

RECORDS MAINTAINED IN THE SYSTEM, INCLUDING

CATEGORIES OF USERS AND THE PURPOSES OF

SUCH USES: 

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, 


jlentini on PROD1PC65 with NOTICES
Federal Register / Vol. 73, No. 200 / Wednesday, October 15, 2008 / Notices 61097 

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 or mentioned in this system of records 

notice.’’ 

* * * * * 

STORAGE: 

Delete entry and replace with ‘‘Paper 

records in filing cabinets and electronic 

storage media.’’ 

RETRIEVABILITY: 

Delete entry and replace with 

‘‘Patient’s last name, Social Security 

Number (SSN) and Client Case 

Number.’’ 

SAFEGUARDS: 

Delete entry and replace with ‘‘Paper 

records are maintained in file cabinets 

that are locked when the office is not 

occupied by authorized personnel. The 

automated database files are on a 

password-protected, stand alone 

computer. All patient records are 

maintained and used with the highest 

regard for patient privacy. Only persons 

on a need-to-know basis and trained in 

the handling of information protected 

by the Privacy Act have access to the 

system.’’ 

RETENTION AND DISPOSAL: 

Delete entry and replace with ‘‘Paper 

records are destroyed five years after 

termination of counseling. Destruction 

is by shredding, pulping, macerating, or 

burning. 

Electronic records are purged of 

identifying data seven years after 

termination of counseling. 

Aggregate data without personal 

identifiers is maintained for 

management/statistical purposes until 

no longer required.’’ 

SYSTEM MANAGER(S) AND ADDRESS: 

Delete entry and replace with 

‘‘Director, Pentagon Employee Referral 

Service, DiLorenzo TRICARE Health 

Clinic, Rm. 230, 5803 Army Pentagon, 

Washington, DC 20310–5803.’’ 

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, 

Pentagon Employee Referral Service, 

DiLorenzo TRICARE HEALTH Clinic, 

5803 Army Pentagon, Washington, DC 

20310–5803. 

The request should contain the full 

name, address, Social Security Number 

(SSN) and the signature of the subject 

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, Pentagon 

Employee Referral Service, DiLorenzo 

TRICARE Health Clinic, Rm. 230, 5803 

Army Pentagon, Washington, DC 

20310–5803. 

The request should contain the full 

name, address, Social Security Number 

(SSN) and the notarized signature of the 

subject individual.’’ 

CONTESTING RECORD PROCEDURES: 

Delete entry and replace with ‘‘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.’’ 

* * * * * 

A0040–66c DASG 

SYSTEM NAME: 

Pentagon Employee Referral Service 

(PERS) Counseling Records. 

SYSTEM LOCATION: 

Pentagon Employee Referral Service, 

DiLorenzo TRICARE Health Clinic, 

Room 224, 5803 Army Pentagon, 

Washington, DC 20310–5803 

CATEGORIES OF INDIVIDUALS COVERED BY THE

SYSTEM

All civilian DoD employees assigned 

to duty in the Pentagon and environ 

who are referred by management for, or 

voluntarily request, counseling 

assistance. 

CATEGORIES OF RECORDS IN THE SYSTEM: 

Records on patients which are 

generated in the course of professional 

counseling. Records of information on 

condition, current status, progress and 

prognosis for patients who have 

personal, emotional, alcohol or drug 

dependency problems, including 

admitted or urinalysis-detected illegal 

drug abuse. 

AUTHORITY FOR MAINTENANCE OF THE SYSTEM: 

10 U.S.C. 3013, Secretary of the Army; 

5 U.S.C. Part 792, Federal Employees’ 

Health and Counseling Programs; E.O. 

12564, 1986 Drug-Free Workplace; 

Army Regulation 40–66, Medical Record 

Administration and Health Care 

Documentation; and E.O. 9397 (SSN). 

PURPOSE(S): 

To record counselor’s observations 

concerning patient’s condition, current 

status, progress prognosis and other 

relevant treatment information 

regarding patients in an employee 

assistance treatment facility. 

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: 

Records in this system may not be 

disclosed without the prior written 

consent of such patient, unless the 

disclosure would be: 

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, financial 

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; and 

If authorized by an appropriate order 

of a court of competent jurisdiction 

granted after application showing good 

cause therefore. 

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 


jlentini on PROD1PC65 with NOTICES
61098 Federal Register / Vol. 73, No. 200 / Wednesday, October 15, 2008 / Notices 

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. 

POLICIES AND PRACTICES FOR STORING, 

RETRIEVING, ACCESSING, RETAINING, AND

DISPOSING OF RECORDS IN THE SYSTEM: 

STORAGE: 

Paper records in filing cabinets and 

electronic storage media. 

RETRIEVABILITY: 

Patient’s last name, Social Security 

Number (SSN) and Client Case Number. 

SAFEGUARDS: 

Paper records are maintained in file 

cabinets that are locked when the office 

is not occupied by authorized 

personnel. The automated database files 

are on a password-protected, stand 

alone computer. All patient records are 

maintained and used with the highest 

regard for patient privacy. Only persons 

on a need-to-know basis and trained in 

the handling of information protected 

by the Privacy Act have access to the 

system. 

RETENTION AND DISPOSAL: 

Paper records are destroyed five years 

after termination of counseling. 

Destruction is by shredding, pulping, 

macerating, or burning. 

Electronic records are purged of 

identifying data seven years after 

termination of counseling. 

Aggregate data without personal 

identifiers is maintained for 

management/statistical purposes until 

no longer required. 

SYSTEM MANAGER(S) AND ADDRESS: 

Director, Pentagon Employee Referral 

Service, DiLorenzo TRICARE Health 

Clinic, Rm. 230, 5803 Army Pentagon, 

Washington, DC 20310–5803. 

NOTIFICATION PROCEDURE: 

Individuals seeking to determine 

whether information about themselves 

is contained in this system should 

address written inquiries to the Director, 

Pentagon Employee Referral Service, 

DiLorenzo TRICARE HEALTH Clinic, 

5803 Army Pentagon, Washington, DC 

20310–5803. 

The request should contain the full 

name, address, Social Security Number 

(SSN) and the signature of the subject 

individual. 

RECORD ACCESS PROCEDURES: 

Individuals seeking access to 

information about themselves contained 

in this system should address written 

inquiries to the Director, Pentagon 

Employee Referral Service, DiLorenzo 

TRICARE Health Clinic, Rm. 230, 5803 

Army Pentagon, Washington, DC 

20310–5803. 

The request should contain the full 

name, address, Social Security Number 

(SSN) and the notarized signature of the 

subject individual. 

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: 

Patient, counselors, supervisors, coworkers or other agency or contractoremployee personnel; private individuals 

to include family members of patient 

and outside practitioners. 

EXEMPTIONS CLAIMED FOR THE SYSTEM: 

None. 

[FR Doc. E8–24473 Filed 10–14–08; 8:45 am] 

BILLING CODE 5001–06–P 

DEPARTMENT OF DEFENSE 

Department of the Navy 

[Docket ID: USN–2008–0055] 

Privacy Act of 1974; System of 

Records 

AGENCY: United States Marine Corps, 

DoD. 

ACTION: Notice to Delete Nine Systems 

of Records Notices. 

SUMMARY: The U.S. Marine Corps is 

deleting nine systems of records notices 

from its inventory of records systems 

subject to the Privacy Act of 1974, as 

amended (5 U.S.C. 552a). 

DATES: This action will be effective 

without further notice on November 14, 

2008 unless comments are received that 

would result in a contrary 

determination. 

ADDRESSES: Send comments to 

Headquarters, U.S. Marine Corps, FOIA/ 

PA Section (CMC–ARSE), 2 Navy 

Annex, Room 1005, Washington, DC 

20380–1775. 

FOR FURTHER INFORMATION CONTACT: Ms. 

Tracy D. Ross at (703) 614–4008. 

SUPPLEMENTARY INFORMATION: The U.S. 

Marine Corps’ records systems notices 

for records systems 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 U.S. Marine Corps proposes to 

delete nine systems of records notices 

from its inventory of record systems 

subject to the Privacy Act of 1974 (5 

U.S.C. 552a), as amended. The proposed 

deletions 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 new or 

altered systems reports. 

Dated: October 7, 2008. 

Patricia L. Toppings, 

OSD Federal Register Liaison Officer, 

Department of Defense. 

Deletions 

MIL00005 

SYSTEM NAME: 

Passenger Transportation Program 

(February 22, 1993, 58 FR 10630). 

REASON: 

These records are maintained by the 

U.S. Transportation Command. 

Accordingly, all files have been merged 

into that system. 

MIL00006 

SYSTEM NAME: 

Dealer’s Record of Sale of Rifle or 

Pistol, State of California (February 22, 

1993, 58 FR 10630). 

REASON: 

NM08730–1, Weapons Registration, is 

a joint Navy and Marine Corps system 

that covers this collection. Accordingly, 

all files have been merged into that 

system. 

MMC00003 

SYSTEM NAME: 

Activity Check In Check Out File 

(October 22, 1999, 64 FR 57071) 

REASON: 

NM05000–2, Organization 

Management and Locator System, is a 

joint Navy and Marine Corps system 

that covers this collection. Accordingly, 

all files have been merged into that 

system. 

MJA00013 

SYSTEM NAME: 

Bad Checks Withdrawal of Check 

Cashing Privileges Lists (October 22, 

1999, 64 FR 57071). 

REASON: 

Collections are no longer being done, 

therefore, no need for the notice. 

MJA00001 

SYSTEM NAME: 

Business Complaint File (February 22, 

1993, 58 FR 10630). 


jlentini on PROD1PC65 with NOTICES