[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