[Federal Register Volume 68, Number 188 (Monday, September 29, 2003)]
[Notices]
[Pages 55962-55967]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 03-24481]


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DEPARTMENT OF HEALTH AND HUMAN SERVICES

Centers for Disease Control and Prevention


Privacy Act of 1974; System of Records

AGENCY: Department of Health and Human Services (HHS), Centers for 
Disease Control and Prevention (CDC).

ACTION: Notification of the addition of new routine uses, modification 
of existing routine use, and system name revision.

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SUMMARY: In accordance with the requirements of the Privacy Act, the 
Centers for Disease Control and Prevention (CDC) is publishing notice 
of a proposal to add three new routine uses, to amend one routine use, 
and to revise the system name of an existing National Institute for 
Occupational Safety and Health (NIOSH) system of records, 09-20-0147, 
``Occupational Health Epidemiological Studies. HHS/CDC/NIOSH.'' The 
purpose of the three new routine uses and one amended routine use is to 
clarify that NIOSH, under the Energy Employees Occupational Illness 
Compensation Program Act of 2000 (EEOICPA), will release identifiable 
information associated with cancer-related claims to a number of 
entities described in the Supplementary Information Section below in 
order to implement dose reconstruction responsibilities and make 
informed judgments on addition of classes of workers to the Special 
Exposure Cohort. In addition, NIOSH is also revising the name of the 
system of records to ``Occupational Health

[[Page 55963]]

Epidemiological Studies and EEOICPA Program Records. HHS/CDC/NIOSH.'' 
This modification is being done to facilitate the general public's 
search for the system of records containing EEOICPA program cancer 
claimant records associated with dose reconstruction.

DATES: CDC invites interested parties to submit comments on the 
proposed routine uses and system of records name change on or before 
October 29, 2003. The CDC will adopt the new routine uses and name 
change without further notice 30 days after the date of publication, 
unless CDC receives comments which would result in a contrary 
determination.

ADDRESSES: Comments should be addressed to the Centers for Disease 
Control and Prevention (CDC) Privacy Act Officer at the address listed 
below. Comments received will be available for inspection from 8:30 
a.m. to 4 p.m. Monday through Friday in the CDC Executive Park 
Facility, Building 37 Executive Park Drive, Room 3756C, Atlanta, 
Georgia.

FOR FURTHER INFORMATION CONTACT: Betsey S. Dunaway, Privacy Act 
Officer, Centers for Disease Control and Prevention, 1600 Clifton Road 
NE., Executive Park Facility, Building 37, Room 3756C, Mailstop E-11, 
Atlanta, Georgia 30333, (404) 498-1506. This is not a toll-free number.

SUPPLEMENTARY INFORMATION: CDC proposes to add three new routine uses 
and amend one routine use of an existing system of records within its 
National Institute for Occupational Safety and Health (NIOSH): 09-20-
0147, ``Occupational Health Epidemiological Studies. HHS/CDC/NIOSH.'' 
These new routine uses will be used by NIOSH's Office of Compensation 
Analysis and Support (OCAS) to fulfill its responsibilities under 
EEOICPA by releasing information to the indicated entities listed 
below:
    1. Disclosure of personal identifying information associated with 
cancer-related claims under EEOICPA to the Department of Energy (DOE), 
other federal agencies, other government or private entities, and to 
private-sector employers to permit these entities to retrieve records 
required by NIOSH to reconstruct radiation doses;
    2. Disclosure of completed dose reconstruction reports of cancer-
related claimants under EEOICPA to the Department of Labor (DOL) and 
the Department of Energy (DOE) to fulfill HHS dose reconstruction 
regulations that require disclosure to the claimant, DOL, and DOE, and 
to fulfill DOE's notification obligations as required by EEOICPA (42 
U.S.C. 7384n(e)(1)); and
    3. Disclosure of personal identifying information associated with 
cancer-related claims under EEOICPA to identified witnesses as 
designated by the NIOSH Office of Compensation Analysis and Support 
(OCAS) so that these individuals can provide more detailed information 
on employment exposures to enable NIOSH to more accurately determine 
claimant radiation exposure levels and to determine the eligibility of 
claimant classes for membership in the Special Exposure Cohort.
    The previous routine uses of the existing system notice are hereby 
incorporated and maintained by reference with one modification: A 
record from this system of records may be disclosed to a Member of 
Congress or a Congressional staff member submitting a verified request 
involving an individual who is entitled to the information when the 
individual has requested assistance from the Member or staff member. 
The Member of Congress or staff member must provide a copy of the 
individual's written request for assistance. The purpose of this 
modification is to clarify that records from this system of records 
will be released to a Member of Congress or a Congressional staff 
member only as a result of a documented request from an individual who 
is entitled to the information.
    The new routine uses are compatible with the NIOSH system's purpose 
to evaluate the mortality, morbidity, and prevention of occupationally 
related diseases. The routine uses are compatible in that they will 
permit NIOSH, OCAS to better fulfill its responsibilities to complete 
dose reconstructions for cancer-related claims which will in turn 
enable DOL to determine award of benefits under the Energy Employees 
Occupational Illness Compensation Program Act of 2000 (42 U.S.C.S. 
7384-7385) and they will also allow OCAS to evaluate petitions for 
inclusion in the Special Exposure Cohort.
    In EEOICPA, Congress recognized the fact that since World War II, 
Federal nuclear activities have been explicitly recognized under 
Federal law as activities that are ultra-hazardous. Nuclear weapons 
production and testing have involved unique dangers, including 
potential catastrophic nuclear accidents that private insurance 
carriers have not covered. It is further recognized that recurring 
exposures to radioactive substances and beryllium, even in small 
amounts, can cause medical harm. Since the inception of the nuclear 
weapons program and for several decades afterwards, a large number of 
nuclear weapons workers at sites of the DOE and at sites of vendors who 
supplied the Cold War effort were put at risk.
    Because of this, Congress established the ``Energy Employees 
Occupational Illness Compensation Program.'' The purpose of the program 
is to provide for timely, equitable, and adequate compensation of 
covered employees and, where applicable, survivors of such employees, 
who incurred illnesses during the performance of their duties for the 
DOE and certain of its contractors and subcontractors. The Department 
of Labor is the federal agency with lead responsibility and is to 
administer the program. Within HHS, NIOSH's Office of Compensation 
Analysis and Support (OCAS) has responsibility under the Act to prepare 
individual dose reconstructions for specified cancer-related claims and 
to evaluate petitions for inclusion in the Special Exposure Cohort. The 
Special Exposure Cohort is a cohort of claimants for whom there is 
inadequate documentation to complete a dose reconstruction and a 
reasonable likelihood that their health was endangered by exposure to 
radiation. The Cohort members can only receive compensation if they 
develop one of 22 specified cancers.
    Pertinent information and records used to develop individual dose 
reconstruction reports and to evaluate petitions for membership in the 
Special Exposure Cohort from the NIOSH system of records are acquired 
from two NIOSH program efforts. NIOSH's Health-Related Energy Research 
Branch (HERB) has been given access to the DOE's Privacy Act system of 
records to collect information, records, and data for the purpose(s) of 
evaluating the mortality and morbidity of occupationally related 
diseases to determine the cause and prevention of occupationally 
related diseases (Memorandum of Understanding with Department of Energy 
(DOE), 56 FR 9701, March 7, 1991 renewed 1995 and 2000 as part of DOE's 
Radiation Research Program; routine use formalizing data exchange 
between DOE and HHS added to Privacy Act System of Records DOE-10, 
``Worker Advocacy Records''). This information is sufficient for NIOSH 
to fulfill research purposes to evaluate morbidity and mortality of 
occupationally related diseases, but is not in sufficient detail to 
complete dose reconstruction of EEOICPA claimants. Additionally, 
through its research program, NIOSH acquires vital status information, 
death certificates, and

[[Page 55964]]

records from the National Death Index and from State Vital Registrars.
    NIOSH, Office of Compensation Analysis and Support (OCAS), is now 
proposing to add three new routine uses, the first of which is to 
enable the agency to disclose personal identifying information so that 
NIOSH can receive from DOE additional records and information needed to 
complete the dose reconstruction process for cancer-related claims and 
to evaluate applications for the Special Exposure Cohort. The 
information received by NIOSH, OCAS will include employment histories 
of claimants, production process and work history information, exposure 
and dosimetry monitoring data, safety and accident reports, and 
pertinent excerpts from employee medical records. In addition to DOE as 
a source for these records, NIOSH, OCAS is proposing a routine use to 
also allow the disclosure of personal identifying information to other 
federal agencies, other government or private entities and to private-
sector employers to allow these entities to similarly locate necessary 
records so that NIOSH can complete dose reconstructions and evaluate 
petitions for inclusion in the Special Exposure Cohort. Such private 
entities might include, but are not limited to, previous DOE 
contractors and subcontractors who may no longer be in a contractual 
relationship with DOE.
    A second routine use is needed to enable NIOSH, Office of 
Compensation Analysis and Support (OCAS), to provide the Department of 
Energy (DOE) and Department of Labor (DOL) with completed dose 
reconstruction reports in compliance with HHS' Dose Reconstruction 
Final Rule (42 CFR part 82), and the requirements of EEOICPA. Under 
EEOICPA (42 U.S.C. 7384n(e)(1)), DOE is required to provide, to each 
covered employee with cancer specified in 42 U.S.C. 7384l(9)(B), 
information specifying the estimated radiation dose of that employee 
during each employment specified in 42 U.S.C. 7384l(9)(B), whether 
established by a dosimetry reading, by a method established under 42 
U.S.C. 7384n(d), or by both a dosimetry reading and such method. To 
assist DOE and DOL in fulfilling their legal obligations, the HHS dose 
reconstruction regulations require disclosure of the completed dose 
reconstruction to the claimant, DOE and DOL.
    The third routine use is being proposed because NIOSH, Office of 
Compensation Analysis and Support (OCAS), often finds it necessary to 
contact witnesses who have been identified as possible sources of 
information that may assist NIOSH, OCAS in completing the dose 
reconstruction process or evaluating petitions for inclusion in the 
Special Exposure Cohort. In many instances NIOSH will be directed to 
speak with a chain of witnesses, one recommending another, and 
provision of personal identifying information to these witnesses will 
facilitate NIOSH's efforts without having to obtain consent for each 
release of personal identifying information from each claimant. This 
routine use will prevent the expenditure of a great deal of time and 
resources on the part of the Department of Health and Human Services 
(HHS) and facilitate more timely dose reconstruction reports and 
Special Exposure Cohort petition reviews.
    Provision of identifiable information to the Department of Energy 
(DOE), other federal agencies, other government or private entities, 
private-sector employers, Office of Compensation Analysis and Support 
(OCAS) designated witnesses, and to members of Congress or their staff 
in response to requests, to aid NIOSH in providing dose reconstruction 
reports and evaluating petitions for inclusion in the Special Exposure 
Cohort are compatible with the purposes for which the records within 
this NIOSH Privacy Act system were collected. These new and modified 
routine uses will also significantly decrease the administrative cost 
and effort required to implement EEOICPA. Without these routine uses, 
HHS may be forced to request that each claimant for whom it performs a 
dose reconstruction provide written consent for each listed entity or 
appropriate designated individual to obtain access to the claimant's 
personal identifying information, employment, dosimetry, and related 
information. The Department of Health and Human Services would spend 
resources and time unnecessarily in requesting written consent for each 
entity listed above, transmitting each written consent to the 
appropriate entity and following up on each request for data. Routine 
uses permitting disclosure of such information as indicated would be 
cost effective, eliminate these inefficiencies, and be in the best 
interests of the claimants.
    Permitting these entities to receive and use the information/data 
in these records, as appropriate and to the extent indicated, would not 
result in the unauthorized release of private information contained in 
the records. Information received by these entities will be maintained 
in a secure manner, as required by the Privacy Act. Access will be 
limited to employees whose official job duties require access to the 
records. Files and automated systems will be maintained under 
supervision of the appropriate personnel during normal working hours. 
Only authorized personnel may handle, retrieve, or disclose any 
information contained therein. Access to electronic records is 
controlled by password protection.
    We have also made editorial changes throughout the system notice to 
enhance clarity and specificity and to accommodate normal updating 
changes.

    Dated: September 16, 2003.
Alvin Hall,
Director, Management Analysis and Services Office, Centers for Disease 
Control and Prevention.


System name:
    Occupational Health Epidemiological Studies and EEOICPA Program 
Records. HHS/CDC/NIOSH.

Security classification:
    None.

System location:
    Division of Surveillance, Hazard Evaluation, and Field Studies 
(DSHEFS), National Institute for Occupational Safety and Health 
(NIOSH), Robert A. Taft Laboratories, 4676 Columbia Parkway, 
Cincinnati, OH 45226.
    Division of Respiratory Disease Studies (DRDS), National Institute 
for Occupational Safety and Health (NIOSH), 1095 Willowdale Road, 
Morgantown, WV 20505-2888.
    Pittsburgh Research Laboratory, NIOSH, 626 Cochrans Mill Road, 
Pittsburgh, PA 15236.
    Spokane Research Laboratory, NIOSH, 315 E. Montgomery Avenue, 
Spokane, WA 99207.
    Office of Compensation Analysis and Support (OCAS), NIOSH, Robert 
A. Taft Laboratories, 4676 Columbia Parkway, Cincinnati, Ohio 45226. 
and
    Federal Records Center, 3150 Bertwynn Drive, Dayton, OH 45439.
    Data are also occasionally located at contractor sites as studies 
are developed, data collected, and reports written. A list of 
contractor sites where individually identifiable data are currently 
located is available upon request to the system manager.
    Also, occasionally data may be located at the facilities of 
collaborating researchers where analyses are performed, data collected 
and reports written. A list of these facilities is available upon 
request to the system manager. Data may be located only at those 
facilities that have an adequate data security program and the 
collaborating researcher must return the

[[Page 55965]]

data to NIOSH or destroy individual identifiers at the conclusion of 
the project.

Categories of individuals covered by the system:
    Working population exposed to physical and/or chemical agents or 
other workplace hazards that may damage the human body in any way. Some 
examples are: (1) Organic carcinogens; (2) inorganic carcinogens; (3) 
mucosal or dermal irritants; (4) fibrogenic materials; (5) acute toxic 
agents including sensitizing agents; (6) neurotoxic agents; (7) 
mutagenic (male and female) and teratogenic agents; (8) bio-
accumulating non-carcinogen agents; (9) chronic vascular disease-
causing agents; and (10) ionizing radiation. Also included are those 
individuals in the general population who have been selected as control 
groups. Workers employed by the Department of Energy and its 
predecessor agencies and their contractors are also included, as are 
cancer-related claimants under the Energy Employees Occupational 
Illness Compensation Program Act of 2000 (EEOICPA).

Categories of records in the system:
    Physical exams, sputum cytology results, questionnaires, urine test 
records, X-rays, medical history, pulmonary function test records, 
medical disability forms, blood test records, hearing test results, 
smoking history, occupational histories, previous and current 
employment records, union membership records, driver's license data, 
demographic information, exposure history information and test results 
are examples of the records in this system. The specific types of 
records collected and maintained are determined by the needs of the 
individual study. Also included are records on cancer-related claimants 
under EEOICPA.

Authority for maintenance of the system:
    Public Health Service Act, section 301, ``Research and 
Investigation'' (42 U.S.C. 241); Occupational Safety and Health Act, 
section 20, ``Research and Related Activities'' (29 U.S.C. 669); the 
Federal Mine Safety and Health Act of 1977, section 501, ``Research'' 
(30 U.S.C. 951); and the Energy Employees Occupational Illness 
Compensation Program Act of 2000 (EEOICPA) (42 U.S.C.S. 7384, et seq.).

Purpose(s):
    Studies carried out under this system are to evaluate mortality and 
morbidity of occupationally related diseases and injuries, to determine 
their causes, and to lead toward prevention of occupationally related 
diseases and injuries in the future. EEOICPA records are maintained to 
enable NIOSH to fulfill its dose reconstruction responsibilities under 
the Act.

Routine uses of records maintained in the system, including categories 
of users and the purposes of such uses:
    Portions of records (name, Social Security number if known, date of 
birth, and last known address) may be disclosed to one or more of the 
sources selected from those listed in Appendix I, as applicable. This 
may be done for obtaining a determination regarding an individual's 
health status and last known address. If the sources determine that the 
individual is dead, NIOSH may obtain death certificates, which state 
the cause of death, from the appropriate Federal, State or local 
agency. If the individual is alive, NIOSH may obtain information on 
health status from disease registries or on last known address in order 
to contact the individual for a health study or to inform him or her of 
health findings. This information on health status enables NIOSH to 
evaluate whether excess occupationally related mortality or morbidity 
is occurring.
    In the event of litigation where the defendant is: (a) The 
Department, any component of the Department, or any employee of the 
Department in his or her official capacity; (b) the United States where 
the Department determines that the claim, if successful, is likely to 
directly affect the operations of the Department or any of its 
components; or (c) any Department employee in his or her individual 
capacity where the Department of Justice has agreed to represent such 
employee, for example, in defending a claim against the Public Health 
Service based upon an individual's mental or physical condition and 
alleged to have arisen because of activities of the Public Health 
Service in connection with such individual, disclosure may be made to 
the Department of Justice to enable that Department to present an 
effective defense, provided that such disclosure is compatible with the 
purpose for which the records were collected. Records may also be 
disclosed when deemed desirable or necessary, to the Department of 
Justice, and/or the Department of Labor, to enable that Department to 
effectively represent the Department of Health and Human Services and/
or the Department of Labor in litigation involving the Energy Employees 
Occupational Illness Compensation Program Act of 2000 (EEOICPA).
    Records subject to the Privacy Act are disclosed to private firms 
for data entry, scientific support services, nosology coding, computer 
systems analysis and computer programming services. The contractors 
promptly return data entry records after the contracted work is 
completed. The contractors are required to maintain Privacy Act 
safeguards.
    Certain diseases or exposures may be reported to State and/or local 
health departments where the State has a legally constituted reporting 
program for communicable diseases and which provides for the 
confidentiality of the information.
    In the event of litigation initiated at the request of NIOSH, the 
Institute may disclose such records as it deems desirable or necessary 
to the Department of Justice and to the Department of Labor, Office of 
the Solicitor, where appropriate, to enable the Departments to 
effectively represent the Institute, provided such disclosure is 
compatible with the purpose for which the records were collected. The 
only types of litigation proceedings that NIOSH is authorized to 
request are: (1) Enforcement of a subpoena issued to an employer to 
provide relevant information; and (2) administrative search warrants to 
obtain access to places of employment and relevant information therein 
and related contempt citations against an employer for failure to 
comply with a warrant obtained by the Institute; and (3) injunctive 
relief against employers or mine operators to obtain access to relevant 
information.
    Disclosure may be made to NIOSH collaborating researchers (e.g., 
NIOSH contractors, grantees, cooperative agreement holders, or other 
Federal or State scientists) in order to accomplish the research 
purpose for which the records are collected. The collaborating 
researchers must agree in writing to comply with the confidentiality 
provisions of the Privacy Act and NIOSH must have determined that the 
researchers' data security procedures will protect confidentiality.
    Disclosure of epidemiologic study records pertaining to uranium 
workers may be made to the Department of Justice to be used in 
determining eligibility for compensation payments to the uranium 
workers or their survivors.
    Records may be disclosed by CDC in connection with public health 
activities to the Social Security Administration for sources of 
locating information to accomplish the research or program purposes for 
which the records were collected.

[[Page 55966]]

    Disclosure of records or portions of records may be made to a 
Member of Congress or a Congressional staff member submitting a 
verified request involving an individual who is entitled to the 
information and has requested assistance from the Member or staff 
member. The Member of Congress or Congressional staff member must 
provide a copy of the individual's written request for assistance.

The following routine uses apply only to EEOICPA Program records:
    Disclosure of dose reconstructions, epidemiologic study records and 
employment and medical information pertaining to Department of Energy 
employees and other cancer-related claimants covered under the Energy 
Employees Occupational Illness Compensation Program Act may be made to 
the Department of Labor to be used in determining eligibility for 
compensation payments to such claimants and in defending its 
determinations under the Act.
    Disclosure of personal identifying information associated with 
cancer-related claims under the Energy Employees Occupational Illness 
Compensation Program Act may be made to the Department of Energy, other 
federal agencies, other government or private entities and to private-
sector employers to permit these entities to retrieve records required 
to reconstruct radiation doses and to enable NIOSH to evaluate 
petitions for inclusion in the Special Exposure Cohort.
    Completed dose reconstruction reports for cancer-related claims 
under the Energy Employees Occupational Illness Compensation Program 
Act may be released to the Department of Energy and the Department of 
Labor to permit these entities to fulfill EEOICPA and HHS dose 
reconstruction regulation requirements to notify claimants of their 
dose reconstruction results.
    Disclosure of personal identifying information associated with 
cancer-related claims under the Energy Employees Occupational Illness 
Compensation Program Act may be made to identified witnesses as 
designated by the Office of Compensation Analysis and Support to assist 
NIOSH in obtaining information required to complete the dose 
reconstruction process and to enable NIOSH to evaluate petitions for 
inclusion in the Special Exposure Cohort.

Policies and practices for storing, retrieving, accessing, retaining, 
and disposing of records in the system:
Storage:
    Manager files, card files, computer tapes/disks and printouts, 
microfilm, microfiche, and other files as appropriate.

Retrievability:
    Name, assigned number, plant name, and year tested are some of the 
indices used to retrieve records from these systems. Other retrieval 
methods are utilized as individual research dictates.

Safeguards:
    1. Authorized Users: A database software security package is 
utilized to control unauthorized access to the system. Access is 
granted to only a limited number of physicians, scientists, 
statisticians, and designated support staff or contractors, as 
authorized by the system manager to accomplish the stated purposes for 
which the data in this system have been collected.
    2. Physical Safeguards: Hard copy records are kept in locked 
cabinets in locked rooms (or equivalent safeguarding). Guard service in 
buildings provides screening of visitors. The limited access, secured 
computer room contains fire extinguishers and an overhead sprinkler 
system. Computer terminals and automated records are located in secured 
areas. Electronic anti-intrusion devices are in operation at the 
Federal Records Center.
    3. Procedural Safeguards: Data sets are password protected and/or 
encrypted. Protection for computerized records both on the mainframe 
and the CIO Local Area Network (LAN) includes programmed verification 
of valid user identification code and password prior to logging on to 
the system, mandatory password changes, limited log-ins, virus 
protection, and user rights/file attribute restrictions. Password 
protection imposes user name and password log-in requirements to 
prevent unauthorized access. Each user name is assigned limited access 
rights to files and directories at varying levels to control file 
sharing. There are routine daily backup procedures and Vault Management 
System for secure off-site storage is available for backup tapes. 
Additional safeguards may be built into the program by the system 
analyst as warranted by the sensitivity of the data.
    Employees and contractor staff who maintain records are instructed 
to check with the system manager prior to making disclosures of data. 
When individually identified data are being used in a room, admittance 
at either government or contractor sites is restricted to specifically 
authorized personnel. Privacy Act provisions are included in contracts, 
and the Project Director, contract officers and project officers 
oversee compliance with these requirements. Upon completion of the 
contract, all data will be either returned to CDC or destroyed, as 
specified by the contract.
    4. Implementation Guidelines: The safeguards outlined above are 
developed in accordance with Chapter 45-13, ``Safeguarding Records 
Contained in Systems of Records,'' of the HHS General Administration 
Manual; and part 6, ``Automated Information System Security,'' of the 
HHS Information Resources Management Manual. FRC safeguards are in 
compliance with GSA Federal Property Management Regulations, Subchapter 
B--Archives and Records. Data maintained in CDC Atlanta's Processing 
Center are in compliance with OMB Circular A-130, Appendix III. 
Security is provided for information collection, processing, 
transmission, storage, and dissemination in general support systems and 
major applications. The CIO LANs operate under the current CDC approved 
version of Novell Netware, and are in compliance with ``CDC & ATSDR 
Security Standards for Novell File Servers.''

Retention and disposal:
    Records are maintained in agency for three years after the close of 
the study. Records transferred to the Federal Records Center when no 
longer needed for evaluation and analysis are destroyed after 75 years 
for epidemiologic studies, unless needed for further study. Records 
from health hazard evaluations will be retained at least 20 years, and 
then disposed of in accordance with the CDC Records Control Schedule. 
EEOICPA program records are transferred to the Federal Records Center 
15 years after the case file becomes inactive and are destroyed after 
75 years. Paper files that have been scanned to create electronic 
copies are disposed of after the copies are verified. Disposal methods 
include erasing computer tapes and burning or shredding paper 
materials.

System manager(s) and address:
    Program Management Officer, Division of Surveillance, Hazard 
Evaluations, and Field Studies (DSHEFS), National Institute for 
Occupational Safety and Health (NIOSH), Robert A. Taft Laboratories, 
Rm. 40A, MS R12, 4676 Columbia Parkway, Cincinnati, OH 45226.

[[Page 55967]]

    Director, Division of Respiratory Disease Studies (DRDS), National 
Institute for Occupational Safety and Health (NIOSH), ALOSH Bldg., Rm. 
H-2920, MS H2900, 1095 Willowdale Road, Morgantown, WV 26505.
    Director, Pittsburgh Research Laboratory, NIOSH, 626 Cochrans Mill 
Road, Pittsburgh, PA 15236.
    Director, Spokane Research Laboratory, NIOSH, 315 E. Montgomery 
Avenue, Spokane, WA 99207.
    Director, Office of Compensation and Support (OCAS), NIOSH, Robert 
A. Taft Laboratories, 4676 Columbia Parkway, Cincinnati, OH 45226.
    Policy coordination is provided by: Director, National Institute 
for Occupational Safety and Health (NIOSH), Bldg. HHH, Rm. 715H, MS P-
12, 200 Independence Avenue, SW., Washington, DC 20201.

Notification procedure:
    An individual may learn if a record exists about him or herself by 
contacting the system manager at the above address. Requesters in 
person must provide driver's license or other positive identification. 
Individuals who do not appear in person must either: (1) Submit a 
notarized request to verify their identity; or (2) certify that they 
are the individuals they claim to be and that they understand that the 
knowing and willful request for or acquisition of a record pertaining 
to an individual under false pretenses is a criminal offense under the 
Privacy Act subject to a $5,000 fine.
    An individual who requests notification of or access to medical 
records shall, at the time the request is made, designate in writing a 
responsible representative who is willing to review the record and 
inform the subject individual of its contents at the representative's 
discretion. A subject individual will be granted direct access to a 
medical record if the system manager determines direct access is not 
likely to have adverse effect on the subject individual.
    The following information must be provided when requesting 
notification: (1) Full name; (2) the approximate date and place of the 
study, if known; and (3) nature of the questionnaire or study in which 
the requester participated.

Record access procedures:
    Same as notification procedures. Requesters should also reasonably 
specify the record contents being sought. An accounting of disclosures 
that have been made of the record, if any, may be requested.

Contesting record procedures:
    Contact the official at the address specified under System Manager 
above, reasonably identify the record and specify the information being 
contested, the corrective action sought, and the reasons for requesting 
the correction, along with supporting information to show how the 
record is inaccurate, incomplete, untimely, or irrelevant.

Record source categories:
    Vital status information is obtained from Federal, State and local 
governments and other available sources selected from those listed in 
Appendix I. Information is obtained directly from the individual and 
employer records, whenever possible.

Systems exempted from certain provisions of the act:
    None.

Appendix I--Potential Sources for Determination of Health Status, Vital 
Status and/or Last Known Address
Military records
Appropriate State Motor Vehicle Registration Departments
Appropriate State Driver's License Departments
Appropriate State Government Division of: Assistance Payments 
(Welfare), Social Services, Medical Services, Food Stamp Program, Child 
Support, Board of Corrections, Aging, Indian Affairs, Worker's 
Compensation, Disability Insurance
Retail Credit Association follow-up
Veterans Administration files
Appropriate employee union or association records
Appropriate company pension or employment records
Company group insurance records
Appropriate State Vital Statistics Offices
Life insurance companies
Railroad Retirement Board
Area nursing homes
Area Indian Trading Posts
Mailing List Correction Cards (U.S. Postal Service)
Letters and telephone conversations with former employees of the same 
establishment as cohort member
Appropriate local newspaper (obituaries)
Social Security Administration
Internal Revenue Service
National Death Index
Centers for Medicare & Medicaid Services
Pension Benefit Guarantee Corporation
State Disease Registries

[FR Doc. 03-24481 Filed 9-26-03; 8:45 am]
BILLING CODE 4163-18-P