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###### National Aeronautics and Space Administration

          - [Notice (09-084)]

# AGENCY:

National Aeronautics And Space Administration (NASA).

# ACTION:

Notice of proposed revisions to an existing Privacy Act system of records.

# SUMMARY:

                        Pursuant to the provisions of the Privacy Act of 1974 (5 U.S.C. 552a), the National Aeronautics and Space Administration is issuing public notice of its proposal to modify its existing system of records, NASA 10HIMS “Health Information Management.” System modifications are set forth below under the caption                         **SUPPLEMENTARY INFORMATION**                        .                    

# DATES:

Submit comments within 30 calendar days from the date of this publication. This system will be effective as proposed at the end of the comment period unless comments are received which would require a contrary determination.

# ADDRESSES:

                        Patti F. Stockman, Privacy Act Officer, Office of the Chief Information Officer, National Aeronautics and Space Administration Headquarters, Washington, DC 20546-0001, (202) 358-4787,                         *NASA-PAOfficer@nasa.gov*.                    

# FOR FURTHER INFORMATION CONTACT:

                        NASA Privacy Act Officer, Patti F. Stockman, (202) 358-4787,                         *NASA-PAOfficer@nasa.gov*.                    

# SUPPLEMENTARY INFORMATION:

NASA is modifying 10HIMS to clarify existing routine uses and add new routine uses that provide for the release of medical information to entities outside NASA in the case of newly deceased NASA employees and, as necessary, in instances of proceedings regarding NASA healthcare providers.

Submitted by:

Bobby L. German,

NASA Chief Information Officer (Acting).

## NASA 10HIMS

### SYSTEM NAME:

Health Information Management System.

### SECURITY CLASSIFICATION:

None.

### SYSTEM LOCATION:

Medical Clinics/Units and Environmental Health Offices at Locations 1 through 15 inclusive as set forth in Appendix A.

### CATEGORIES OF INDIVIDUALS COVERED BY THE SYSTEM:

                        This system maintains information on NASA civil service employees and applicants; other Agency civil service and military employees working at NASA; astronauts and their families; International Space Partners astronauts, their families, or other space flight personnel on temporary or extended duty at NASA; onsite contractor personnel who receive job-related examinations under the NASA Occupational Health Program, have work-related mishaps or accidents, or come to the clinic for emergency or first-aid treatment; visitors to NASA Centers who come to the clinic for emergency or first-aid treatment.                              ( print page 49405)    

### CATEGORIES OF RECORDS IN THE SYSTEM:

                        This system contains general medical records of medical care, first aid, emergency treatment, examinations (                        *e.g.,*                         surveillance, hazardous workplace, certification, flight, special purpose and health maintenance), exposures (                        *e.g.,*                         hazardous materials and ionizing radiation), and consultations by non-NASA physicians. Information resulting from physical examinations, laboratory and other tests, and medical history forms; treatment records; screening examination results; immunization records; administration of medications prescribed by private/personal or NASA flight surgeon physicians; consultation records; and hazardous exposure and other health hazard/abatement data.                    

Medical records and physical examination records of patients seen by NASA or NASA contractor clinical personnel in the performance of medical or behavioral examinations or consultations.

### AUTHORITY FOR MAINTENANCE OF THE SYSTEM:

42 U.S.C. 2473; 44 U.S.C. 3101; Public Law 92-255.

### ROUTINE USES OF RECORDS MAINTAINED IN THE SYSTEM, INCLUDING CATEGORIES OF USERS AND THE PURPOSES OF SUCH USES

Any disclosures of information will be compatible with the purpose for which the Agency collected the information. The records and information in this system may be disclosed:

(1) To external medical professionals and independent entities to support internal and external reviews for purposes of medical quality assurance; (2) To private or other government health care providers for consultation or referral; (3) To the Office of Personnel Management, Occupational Safety and Health Administration, and other Federal or State agencies as required in accordance with the Federal agency's special program responsibilities; (4) To insurers for the purposes of reimbursement or coordination of patient care; (5) To employers of non-NASA personnel in support of the Mission Critical Space Systems Personnel Reliability Program; (6) pursuant to NASA Space Act agreements to international partners for mission support and continuity of care for their employees; (7) To non-NASA personnel performing research, studies, or other activities through arrangements or agreements with NASA and for mutual benefit; (8) To the public for spaceflight, information having mission impact concerning an individual crewmember, limited to the crewmember's name and the fact that a medical condition exists; (9) To the public, limited to the crewmember's name and the fact that a medical condition exists, if a flight crewmember is, for medical reasons, unable to perform a scheduled public event during the time period following space mission landing and concluding with completion of the post space flight return to duty medical evaluation; (10) To the public of medical conditions arising from accidents, consistent with NASA regulations; (11) To Agency contractors or other Federal agencies, as necessary for the purpose of assisting NASA in the efficient administration of its programs; (12) To a Congressional office in response to an inquiry from that office made at the request of the subject of the record; (13) To coroners, medical examiners, funeral directors, justices of the peace, the Armed Forces Institute of Pathology and/or the Armed Forces Medical Examiners Office for the purposes of accident investigations, autopsies, and completion of death certificates and funeral processes; (14) To appointed legal officers or agents for the purposes of judicial or administrative proceedings, including (i) malpractice, complaints, or license revocation proceedings in which disclosure is relevant to the proceeding, and (ii) a judicial proceeding relating to a will, living will, or end of life care when the patient's physical or mental condition is relevant to the execution of same; and (15) In accordance with the routine uses as set forth in Appendix B.

### POLICIES AND PRACTICES FOR STORING, RETRIEVING, ACCESSING, AND DISPOSITIONING OF RECORDS IN THE SYSTEM:

### STORAGE:

Records are stored in multiple formats including paper, digital, micrographic, photographic, and as medical recordings such as electrocardiograph tapes, x-rays and strip charts.

### RETRIEVABILITY:

Records are retrieved from the system by the individual's name, date of birth, and/or Social Security or other assigned Number.

### SAFEGUARDS:

Access limited to NASA health care providers and occupational health personnel on a need-to-know basis. Computerized records are protected via limited user accounts with secure user authentication and non-electronic records are maintained in locked rooms or files. Records are protected in accordance with the requirements and procedures, which appear in the NASA regulations at 14 CFR 1212.605.

### RETENTION AND DISPOSAL:

Records are maintained in Agency files and destroyed by series in accordance with NASA Records Retention Schedule 1, Item 126, and NASA Records Retention Schedule 8, Item 57.

### SYSTEM MANAGER(S) AND ADDRESS(ES):

Chief Health and Medical Officer at Location 1

Subsystem Managers: Director Occupational Health at Location 1; Chief, Space Medicine Division at Location 5; Occupational Health Contracting Officers Technical Representatives at Locations 2-4 and 6-15. Locations are as set forth in Appendix A.

### NOTIFICATION PROCEDURE:

                        Information may be obtained by contacting the cognizant system or subsystem manager listed above. Requests must contain the identifying data concerning the requester,                         *e.g.,*                         first, middle and last name; date of birth; and Social Security Number.                    

### RECORD ACCESS PROCEDURES:

Individual written requests for information shall be addressed to the System Manager at Location 1 or the subsystem manager at the appropriate NASA Center.

### CONTESTING RECORD PROCEDURES:

The NASA regulations for access to records and for contesting contents and appealing initial determinations by the individual concerned appear in 14 CFR part 1212.

### RECORD SOURCE PROCEDURES:

The information in this system of records is obtained from individuals, physicians, and previous medical records of individuals.

### EXEMPTIONS CLAIMED FOR THE SYSTEM: None

## APPENDIX A—LOCATION NUMBERS AND MAILING ADDRESSES OF NASA INSTALLATIONS AT WHICH RECORDS ARE LOCATED

## Location 1

NASA Headquarters, National Aeronautics and Space Administration Washington, DC 20546-0001

## Location 2

Ames Research Center, National Aeronautics and Space Administration, Moffett Field, CA 94035-1000

## Location 3

                            Dryden Flight Research Center, National Aeronautics and Space Administration, PO Box 273, Edwards, CA 93523-0273                                  ( print page 49406)    

## Location 4

Goddard Space Flight Center, National Aeronautics and Space Administration, Greenbelt, MD 20771-0001

## Location 5

Lyndon B. Johnson Space Center, National Aeronautics and Space Administration, Houston, TX 77058-3696

## Location 6

John F. Kennedy Space Center, National Aeronautics and Space Administration, Kennedy Space Center, FL 32899-0001

## Location 7

Langley Research Center, National Aeronautics and Space Administration, Hampton, VA 23681-2199

## Location 8

John H. Glenn Research Center at Lewis Field, National Aeronautics and Space Administration, 21000 Brookpark Road, Cleveland, OH 44135-3191

## Location 9

George C. Marshall Space Flight Center, National Aeronautics and Space Administration, Marshall Space Flight Center, AL 35812-0001

## Location 10

HQ NASA Management Office-JPL, National Aeronautics and Space Administration, 4800 Oak Grove Drive, Pasadena, CA 91109-8099

## Location 11

John C. Stennis Space Center, National Aeronautics and Space Administration, Stennis Space Center, MS 39529-6000

## Location 12

JSC White Sands Test Facility, National Aeronautics and Space Administration, PO Drawer MM, Las Cruces, NM 88004-0020

## Location 13

GRC Plum Brook Station, National Aeronautics and Space Administration, Sandusky, OH 44870

## Location 14

MSFC Michoud Assembly Facility, National Aeronautics and Space Administration, PO Box 29300, New Orleans, LA 70189

## Location 15

NASA Independent Verification and Validation Facility (NASA IV&V), 100 University Drive, Fairmont, WV 26554

## Location 16

New Jersey Post of Duty, 402 East State Street, Trenton, NJ 08608

## Location 17

Western Field Office, Glenn Anderson Federal Building, 501 West Ocean Blvd., Long Beach, CA 90802-4222

## Location 18

NASA Shared Services Center (NSSC), Building 5100, Stennis Space Center, MS 39529-6000

## APPENDIX B—STANDARD ROUTINE USES—NASA

The following routine uses of information contained in SORs, subject to the Privacy Act of 1974, are standard for many NASA systems. They are cited by reference in the paragraph “Routine uses of records maintained in the system, including categories of users and the purpose of such uses” of the Federal Register Notice on those systems to which they apply.

Standard Routine Use No. 1—LAW ENFORCEMENT—In the event this system of records 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, the relevant records in the SOR may be referred, as a routine use, 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.

Standard Routine Use No. 2—DISCLOSURE OF REQUESTED INFORMATION—A record from this SOR may be disclosed as a “routine use” to a Federal, State, or local agency maintaining civil, criminal, or other relevant enforcement information or other pertinent information, such as current licenses, if necessary to obtain information relevant to an agency decision concerning the hiring or retention of an employee, the issuance of a security clearance, the letting of a contract, or the issuance of a license, grant, or other benefit.

Standard Routine Use No. 3—DISCLOSURE OF REQUESTED INFORMATION—A record from this SOR may be disclosed to a Federal agency, in response to its request, in connection with the hiring or retention of an employee, the issuance of a security clearance, the reporting of an investigation of an employee, the letting of a contract, or the issuance of a license, grant, or other benefit by the requesting agency, to the extent that the information is relevant and necessary to the requesting agency's decision on the matter.

Standard Routine Use No. 4—DISCLOSURE TO THE DEPARTMENT OF JUSTICE FOR USE IN LITIGATION:

It shall be a routine use of the records in this system of records to disclose them to the Department of Justice when (a) the Agency, or any component thereof; or (b) any employee of the Agency in his or her official capacity; or (c) any employee of the Agency in his or her individual capacity where the Department of Justice or the Agency has agreed to represent the employee; or (d) the United States, where the Agency determines that litigation is likely to affect the Agency or any of its components, is a party to litigation or has an interest in such litigation, and the use of such records by the Department of Justice or the Agency is deemed by the Agency to be relevant and necessary to the litigation provided, however, that in each case it has been determined that the disclosure is compatible with the purpose for which the records were collected.

Standard Routine Use 5: ROUTINE USE FOR AGENCY DISCLOSURE IN LITIGATION:

It shall be a routine use of the records in this system of records to disclose them in a proceeding before a court or adjudicative body before which the agency is authorized to appear, when: (a) The Agency, or any component thereof; or (b) any employee of the Agency in his or her official capacity; or (c) any employee of the Agency in his or her individual capacity where the Agency has agreed to represent the employee; or (d) the United States, where the Agency determines that litigation is likely to affect the Agency or any of its components, is a party to litigation or has an interest in such litigation, and the use of such records by the Agency is deemed to be relevant and necessary to the litigation, provided, however, that in each case, the Agency has determined that the disclosure is compatible with the purpose for which the records were collected.

Standard Routine Use No. 6—SUSPECTED OR CONFIRMED CONFIDENTIALITY COMPROMISE—A record from this SOR may be disclosed to appropriate agencies, entities, and persons when (1) NASA suspects or has confirmed that the security or confidentiality of information in the system of records has been compromised; (2) NASA has determined that as a result of the suspected or confirmed compromise there is a risk of harm to economic or property interests, identity theft or fraud, or harm to the security or integrity of this system or other systems or programs (whether maintained by NASA or another agency or entity) that rely upon the compromised information; and (3) the disclosure made to such agencies, entities, and persons is reasonably necessary to assist in connection with NASA's efforts to respond to the suspected or confirmed compromise and prevent, minimize, or remedy such harm.

[FR Doc. E9-23371 Filed 9-25-09; 8:45 am]

BILLING CODE 7510-13-P