[Federal Register Volume 66, Number 108 (Tuesday, June 5, 2001)]
[Notices]
[Pages 30271-30273]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 01-14131]


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DEPARTMENT OF VETERANS AFFAIRS


Privacy Act of 1974; System of Records

AGENCY: Department of Veterans Affairs (VA).

ACTION: Notice of amendment to system of records ``Ionizing Radiation 
Registry--VA''.

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SUMMARY: As required by the Privacy Act of 1974, 5 U.S.C. 552a(e), 
notice is hereby given that the Department of Veterans Affairs (VA) is 
amending and renumbering the system of records known as ``Ionizing 
Radiation Registry--VA'' (69VA114) as set forth in the Federal Register 
56 FR 26186 dated 6/6/1991. VA is amending the system by including 
Purpose and amending the System Number; Categories of Individuals 
Covered by the System; Categories of Records in the System; Authority 
for Maintenance of the System; and Policies and Practices for Storing, 
Retrieving, Accessing, Retaining, and Disposing of Records in the 
System, including Storage, Retrievability and Safeguards. Other 
sections remain unchanged (i.e., record source categories.) VA is 
republishing the system notice in its entirety at this time.

DATES: Comments on the amendment of this system of records must be 
received no later than July 5, 2001. If no public comment is received, 
the amended system will become effective July 5, 2001.

ADDRESSES: Written comments concerning the proposed amended system of 
records may be submitted to the Office of Regulations Management (02D), 
Department of Veterans Affairs, 810 Vermont Avenue, NW., Washington, DC 
20420. Comments will be available for public inspection at the above 
address in the Office of Regulations Management, Room 1158, between the 
hours of 8:00 a.m. and 4:30 p.m., Monday through Friday (except 
holidays).

FOR FURTHER INFORMATION CONTACT: Veterans Health Administration (VHA) 
Privacy Act Officer (193B3), Department of Veterans Affairs, 810 
Vermont Avenue, NW., Washington, DC 20420, (727) 320-1839.

SUPPLEMENTARY INFORMATION: The number of the system is changed from VA 
(69VA114) to VA (69VA131) to reflect organizational changes. The number 
of individuals covered by this system has been increased to include 
veterans who have received nasopharyngeal (NP) radium treatments during 
active military, naval or air service and received registry 
examinations as authorized by Public Law 105-368. This system will 
continue to include data collected for veterans who may have been 
exposed to a radiation-risk activity, as authorized by Public Law 99-
576, under the following conditions:
    a. On site participation in a test involving the atmospheric 
detonation of a nuclear weapon, between 1945 and 1962, whether or not 
the testing nation was the United States.
    b. Participation in the occupation of Hiroshima or Nagasaki from 
August 6, 1945, through July 1, 1946; or
    c. Internment as a Prisoner-of-War in Japan during World War II 
that the Secretary of Veterans Affairs determines resulted in an 
opportunity for exposure to ionizing radiation comparable to that of 
veterans involved in the occupation of Hiroshima or Nagasaki, and who
    (1) Apply for hospital or nursing home care under Title 38, U.S.C., 
Chapter 17;
    (2) File a claim for compensation under Title 38 U.S.C., Chapter 
11; or
    (3) Dies and is survived by a spouse, child, or parent who files a 
claim for dependency and indemnity compensation under Title 38 U.S.C., 
Chapter 13.
    In addition to the categories of records maintained in the Ionizing 
Radiation Registry (IRR) system, physicians' names and titles are 
included but may not be retrievable. Outdated information related to 
the estimate of the radiation doses to which the veterans are exposed 
while on active military duty has been deleted from these records.
    The System Manager(s) and addresses have been changed from the 
Director, Environmental Agents Service (146A) to Program Chief for 
Clinical Matters, Office of Public Health and Environmental Hazards 
(13) and Management/Program Analyst, Environmental Agents Service 
(131), Department of Veterans Affairs, 810 Vermont Avenue, NW., 
Washington, DC 20420.
    These IRR records may have several identifiers--Department of 
Defense data are identified by military service number and only 25 
percent are identified by social security numbers.
    The IRR program located at the Austin Automation Center (AAC), 
Austin, Texas, is an automated integrated system containing demographic 
and medical data of registry examinations from 1981 through the current 
date. These data were entered manually on code sheets by VA facility 
staff and hard copies sent to the AAC for entry into the IRR data set. 
The IRR system of records located at VA Headquarters, Washington, DC, 
is an optical disk system containing images of paper records, i.e., 
code sheets, medical records, correspondence and questionnaires 
relating to the veterans exposed to ionizing radiation. Once these 
paper records are scanned on optical disks, they are disposed of in 
accordance with RCS-10.1.
    The purpose of this IRR system of records is to provide information 
about veterans who have had an IRR examination at a VA facility, to 
assist in generating hypotheses for research studies, provide 
management with the capability to track patient demographics, reported 
birth defects among veteran's children or grandchildren and radiogenic 
related diseases and planning and delivery of health care services and 
associated costs.
    The notice of intent to publish and an advance copy of the system 
notice have been sent to the appropriate Congressional committees and 
to the Director of the Office of Management and Budget (OMB) as 
required by 5 U.S.C. 552a(r) (Privacy Act) and guidelines issued by OMB 
(65 FR 77677), December 12, 2000.

    Approved: May 21, 2001.
Anthony J. Principi,
Secretary of Veterans Affairs.
69VA131

System Name:
    Ionizing Radiation Registry-VA.

[[Page 30272]]

System Location:
    Character-based data from Ionizing Radiation Code Sheets are 
maintained in a registry data set at the Austin Automation Center, 1615 
Woodward Street, Austin, Texas 78772. Since the data set at the Austin 
Automation Center (AAC) is not all-inclusive, i.e., narratives, 
signatures, etc., noted on the code sheets are not entered into this 
system, images of the code sheets are maintained at the Department of 
Veterans Affairs, Environmental Agents Service (131), 810 Vermont 
Avenue, NW, Washington, DC 20420. These are electronic images of paper 
records, i.e., code sheets, medical records, questionnaires and 
correspondence that are stored on optical disks.

Categories of Individuals Covered by this System:
    Veterans who may have been exposed to ionizing radiation while on 
active military duty and have had an Ionizing Radiation Registry (IRR) 
examination at a Department of Veterans Affairs (VA) medical facility 
under conditions described in Title 38 United States Code (U.S.C.) 
section 1710(e)(1)(B) and section 1710(e)(1)(B) and section 1720E. 
These conditions include:
    1. On-site participation in a test involving the atmospheric 
detonation of a nuclear device (between 1945 and 1962), at a nuclear 
device testing site--the Pacific Island, e.g., Bikini, New Mexico, 
Nevada, etc. (whether or not the testing nation was the United States);
    2. participation in the occupation of Hiroshima or Nagasaki, Japan, 
from August 6, 1945, through July 1, 1946;
    3. internment as a POW in Japan during World War II which the 
Secretary of Veterans Affairs determines resulted in an opportunity for 
exposure to ionizing radiation comparable to that of veterans involved 
in the occupation of Hiroshima or Nagasaki, Japan; and
    (a) Veterans who apply for hospital or nursing home care under 
Title 38 United States Code, Chapter 17;
    (b) Files a claim for compensation under Title 38 United States 
Code, Chapter 11; or
    (c) Dies and is survived by a spouse, child, or parent who files a 
claim for dependency and indemnity compensation under Title 38 United 
States Code, Chapter 3;
    4. Treatment with nasopharyngeal (NP) radium irradiation while in 
the active military, naval or air service.

Categories of Records in the System:
    These records consist of: Code sheet records containing VA facility 
code identifier where veteran was examined or treated; veteran's name; 
address; social security number; military service serial number; claim 
number; date of birth; telephone number; sex; report of birth defects 
among veteran's children or grandchildren; dates of medical 
examinations; consultations; radiogenic related diseases; and name and 
signature of examiner/physician coordinator.
    In addition, there may be medical records with information relating 
to the examination and/or treatment, including laboratory findings on 
vision, hearing, blood tests, electrocardiograms, chest x-rays, 
urinalysis, laboratory report displays, medical certificates to support 
diagnosis; progress notes; military unit assignments; questionnaires; 
and correspondence relating to veteran's exposure history; personal 
history, e.g., education, marital status, occupational history, family 
history, complaints/symptoms; personal medical history, habits, 
recreation, reproductive and family history, physical measurements; 
military discharge records; and VA claims for compensation.

Authority for Maintenance of the System:
    Title 38, United States Code (U.S.C.) sec. 1710(e)(1)(B) and sec. 
1710(e)(1)(B) and sec. 1720E.

Purpose(s):
    The records will be used for the purpose of providing information 
about veterans who have had an IRR examination at a VA facility; 
assisting in generating hypotheses for research studies; providing 
management with the capability to track patient demographics, reported 
birth defects among veterans' children or grandchildren and radiogenic 
related diseases; and planning and delivery of health care services and 
associated costs.

Routine Uses of Records Maintained in the System, Including Categories 
of Users and the Purposes of Such Uses:
    1. The record of an individual who is covered by this system may be 
disclosed to a member of Congress or staff person acting for the member 
when the member or staff person requests the record on behalf of, and 
at the written request of, that individual.
    2. Disclosure of records covered by this system, as deemed 
necessary and proper to named individuals serving as accredited service 
organization representatives and other individuals named as approved 
agents or attorneys for a documented purposes and period of time, to 
aid beneficiaries in the preparation and presentation of their cases 
during the verification and/or due process procedures and in the 
presentation and prosecution of claims under laws administered by the 
Department of Veterans Affairs.
    3. A record containing the name(s) and address(es) of present or 
former members of the armed services and/or their dependents may be 
released from this system of records under certain circumstances:
    (a) To any nonprofit organization if the release is directly 
connected with the conduct of programs and the utilization of benefits 
under Title 38, and
    (b) To any criminal or civil law enforcement governmental agency or 
instrumentality charged under applicable law with the protection of the 
public health or safety if a qualified representative of such 
organization, agency or instrumentality has made a standing written 
request that such name(s) or address(es) be provided for a purpose 
authorized by law; provided, further, that the record(s) will not be 
used for any purpose other than that stated in the request and that the 
organization, agency or instrumentality is aware of the penalty 
provision of 38 U.S.C. 3301(f).
    4. Disclosure may be made to the National Archives and Records 
Administration (NARA) in records management inspections conducted under 
authority of Title 44 U.S.C.
    5. Disclosure of information, excluding name and address (unless 
name and address is furnished by the requestor) for research purposes 
determined to be necessary and proper, to epidemiological and other 
research facilities approved by the Under Secretary for Health.
    6. In order to conduct Federal research necessary to accomplish a 
statutory purpose of an agency, at the written request of the head of 
the agency, or designee of the head of that agency, the name(s) and 
address(es) of present or former personnel or the Armed Services and/or 
their dependents may be disclosed.
    (a) To a Federal department or agency or
    (b) Directly to a contractor of a Federal department or agency. 
When a disclosure of this information is to be made directly to the 
contractor, VA may impose applicable conditions on the department, 
agency, and/or contractor to insure the appropriateness of the 
disclosure to the contractor.
    7. Any information in this system may be disclosed to a Federal 
grand jury, a Federal court or a party in litigation, or a Federal 
agency or party to an administrative proceeding being conducted by a 
Federal agency, in order

[[Page 30273]]

for VA to respond to and comply with the issuance of a Federal 
subpoena.
    8. Any information in this system may be disclosed to a State or 
municipal grand jury, a State or municipal court or a party in a 
litigation, or to a State or municipal administrative agency 
functioning in a quasi-judicial capacity or a party to a proceeding 
being conducted by such agency, in order for VA to respond to and 
comply with the issuance of a State or municipal subpoena; provided, 
that any disclosure or claimant information made under this routine use 
must comply with the provisions of 38 CFR 1.511.
    9. In the event that a record maintained by VA to carry out its 
functions indicates a violation or potential violation of law, whether 
civil, criminal or regulatory in nature, and whether arising by general 
statute or particular program statute, or by regulation, rule or order 
issued pursuant thereto, information may be disclosed to the 
appropriate agency whether Federal, State, local or foreign, charged 
with the responsibility of investigating or prosecuting such violation 
or charged with enforcing or implementing the statute or rule, 
regulation or order issued pursuant thereto.
    10. For program review purposes and the seeking of accreditation 
and/or certification, disclosure may be made to survey teams of the 
Joint Commission on Accreditation of Healthcare Organizations (JCAHO), 
College of American Pathologists, American Association of Blood Banks, 
and similar national accreditation agencies or boards with whom VA has 
a contract or agreement to conduct such reviews but only to the extent 
that the information is necessary and relevant to the review.

Policies and Practices for Storing, Retrieving, Accessing, Retaining 
and Disposing of Records in the System: Storage:
    Electronic data are maintained on Direct Access Storage Devices at 
the AAC, Austin, Texas, and on optical disks at VA Headquarters, 
Washington, DC. AAC stores registry tapes for disaster back up at an 
off-site location. VA Headquarters also have back-up optical disks 
stored off-site. In addition to electronic data, registry reports are 
maintained on paper documents and microfiche. Records will be 
maintained and disposed of in accordance with records disposition 
authority approved by the Archivist of the United States.

RETRIEVABILITY:
    Documents are retrieved by name of veteran, social security number 
and service serial number.

Safeguards:
    Access to records at VA Headquarters is only authorized to VA 
personnel on a ``need to know'' basis. Records are maintained in manned 
rooms during working hours. During non-working hours, there is limited 
access to the building with visitor control by security personnel. 
Registry data maintained at the AAC can only be updated by authorized 
AAC personnel. Read access to the data is granted through a 
telecommunications network to authorized VA Headquarters personnel. AAC 
reports are also accessible through a telecommunications network on a 
read-only basis to the owner (VA facility) of the data. Access is 
limited to authorized employees by individually unique access codes 
which are changed periodically. Physical access to the AAC is generally 
restricted to AAC staff, VA Headquarters employees, custodial 
personnel, Federal Protective Service and authorized operational 
personnel through electronic locking devices. All other persons gaining 
access to the computer rooms are escorted. Backup records stored off-
site for both the AAC and VA Headquarters are safeguarded in secured 
storage areas.

Retention and Disposal:
    Records will be maintained and disposed of in accordance with 
records disposition authority approved by the Archivist of the United 
States.

System Manager(S) and Address:
    Program Chief for Clinical Matters, Office of Public Health and 
Environmental Hazards (13) (for clinical issues) and Management/Program 
Analyst, Environmental Agents Service (131) (for administrative 
issues,) VA Headquarters, 810 Vermont Avenue, NW, Washington, DC 20420.

Notification Procedure:
    An individual who wishes to determine whether a record is being 
maintained in this system under his or her name or other personal 
identifier, or wants to determine the contents of such record, should 
submit a written request or apply in person to the last VA facility 
where medical care was provided or submit a written request to the 
Program Chief for Clinical Matters, Office of Public Health and 
Environmental Hazards (13) or the Management/Program Analyst, 
Environmental Agents Service (131), VA Headquarters, 810 Vermont 
Avenue, NW, Washington, DC 20420. Inquiries should include the 
veteran's name, social security number, service serial number, and 
return address.

Record Access Procedures:
    An individual who seeks access to records maintained under his or 
her name may write or visit the nearest VA facility or write to the 
Program Chief for Clinical Matters, Office of Public Health and 
Environmental Hazards (13) or the Management/Program Analyst, 
Environmental Agents Service (131), VA Headquarters, 810 Vermont 
Avenue, NW., Washington, DC 20420.

Contesting Records Procedures:
    Refer to previous item ``Record Access Procedures.''

Record Source Categories:
    VA patient medical records, various automated record systems 
providing clinical and managerial support to VA health care facilities, 
the veteran, family members, and records from Veterans Benefits 
Administration, Department of Defense, Department of the Army, 
Department of the Air Force, Department of the Navy and other Federal 
agencies.

[FR Doc. 01-14131 Filed 6-4-01; 8:45 am]
BILLING CODE 8320-01-P