[Federal Register: June 26, 2003 (Volume 68, Number 123)]
[Notices]               
[Page 38013-38015]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr26jn03-51]                         

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DEPARTMENT OF DEFENSE

 
National Reconnaissance Office, Privacy Act of 1974; System of 
Records

AGENCY: National Reconnaissance Office, DOD.

ACTION: Notice to add a system of records.

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SUMMARY: The National Reconnaissance Office is adding a system of 
records notice to its inventory of record systems subject to the 
Privacy Act of 1974, (5 U.S.C. 552a), as amended.

DATES: This proposed action will be effective without further notice on 
July 28, 2003 unless comments are received which result in a contrary 
determination.

ADDRESSES: Send comments to the National Reconnaissance Office, 14675 
Lee Road Chantilly, VA 20151-1715.

[[Page 38014]]


FOR FURTHER INFORMATION CONTACT: Ms. Barbara Freimann at (703) 808-
5029.

SUPPLEMENTARY INFORMATION: The National Reconnaissance Office's system 
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 June 17, 2003, to the 
House Committee on 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: June 23, 2003.
Patricia L. Toppings,
Alternate OSD Federal Register Liaison Officer, Department of Defense.
NRO-08

System name:
    Employee Assistance Program Case Files.

System location:
    Management Services and Operations, Employee Assistance Program 
Office, National Reconnaissance Office, 14675 Lee Road, Chantilly, VA 
20151-1715.

Categories of individuals covered by the system:
    National Reconnaissance Office (NRO) civilian, military, and 
contractor personnel, who have chosen to request assistance or, in some 
cases, have been referred by management for assistance.

Categories of records in the system:
    Name, Social Security Number, date of birth, home telephone number, 
and home address, and questionnaires completed by patients. Case 
records may include medically confidential evaluations and assessments 
on the conditions, current status, and progress of counselees; records 
of medical/psychological testing, treatment, and services; and 
counselee and third party interview comments.

Authority for maintenance of the system:
    5 U.S.C. 301, Departmental Regulations; 5 U.S.C. 7904, Employee 
assistance programs relating to drug abuse and alcohol abuse; 42 U.S.C. 
290dd, Substance abuse among government and other employees; 42 U.S.C. 
290dd-2; Confidentiality of records; 5 CFR part 792, subpart A, 
Regulatory Requirements for Alcoholism and Drug Abuse Programs and 
Services for Federal Civilian Employees; National Security Act of 1947, 
as amended; E.O. 12333, U.S. Intelligence Activities; E.O. 12564, Drug-
Free Federal Workplace; and E.O. 9397 (SSN).

Purpose(s):
    The Employee Assistance Program (EAP) provides in-house 
confidential professional counseling and referral services. The files 
contain information that is used in the course of counseling.

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:
    The DoD `Blanket Routines Uses' published at the beginning of the 
NRO compilation of systems of records notices 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, requested, or directly or indirectly assisted by any 
department or agency of the United States, shall, except as provided 
herein, 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.

Policies and practices for storing, retrieving, accessing, retaining, 
and disposing of records in the system:
Storage:
    Paper files and automated information system, maintained in 
computer and computer output products.

Retrievability:
    Information is retrieved by the client's assigned case number.

Safeguards:
    Records are stored in a secure, gated facility, guard, badge, and 
password access protected. Access to and use of these records are 
limited to the EAP staff whose official duties require such access. The 
automated information system is protected by a special encryption 
device; paper files are kept in a safe in a locked room. EAP records 
are separate from and do not become part of any employee security or 
personnel file.

Retention and disposal:
    Records are temporary, to be destroyed when 5 years old. After 
termination of all sessions EAP will hold counseling files in a current 
file area for 3 years before transferring them to the NRO Archive for 
the remaining time.

System manager(s) and address:
    Chief, Employee Assistance Program, Management Services and 
Operations, National Reconnaissance Office, 14675 Lee Road, Chantilly, 
VA 20151-1715.

Notification procedure:
    Individuals seeking to determine whether this system of records 
contains information about themselves should address written inquiries 
to the National Reconnaissance Office, Information Access and Release 
Center, 14675 Lee Road, Chantilly, VA 20151-1715.
    Request should include the individual's full name and address, 
Social Security Number, and other information identifiable from the 
record.
    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 without the United States: I declare (or certify, 
verify, or state) under penalty of perjury under the laws if 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 commonwealth: 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 to access information about themselves 
contained in this system should address written inquiries to the 
National Reconnaissance Office, Information Access and Release Center, 
14675 Lee Road, Chantilly, VA 20151-1715.
    Request should include the individual's full name, address, Social 
Security Number, and other information identifiable from the record.
    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 without the United States: I declare (or certify, 
verify, or state)

[[Page 38015]]

under penalty of perjury under the laws if 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 NRO rules for accessing records, for contesting contents and 
appealing initial agency determinations are published in NRO Directive 
110-3A and NRO Instruction 110-5A; 32 CFR part 326; or may be obtained 
from the Privacy Act Coordinator, National Reconnaissance Office, 14675 
Lee Road, Chantilly, VA 20151-1715.

Record source categories:
    Information is supplied by the client, by third parties, and by the 
EAP staff.

Exemptions claimed for the system:
    None.

[FR Doc. 03-16132 Filed 6-25-03; 8:45 am]

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