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[Federal Register Volume 76, Number 103 (Friday, May 27, 2011)]
[Notices]
[Pages 31212-31216]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2011-13470]

[[Page 31211]]

Vol. 76

Friday,

No. 103

May 27, 2011

Part IV

Department of Health and Human Services

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 Centers for Disease Control and Prevention

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Privacy Act of 1974; System of Records; Notice

Federal Register / Vol. 76, No. 103 / Friday, May 27, 2011 / 
Notices

[[Page 31212]]

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DEPARTMENT OF HEALTH AND HUMAN SERVICES

Centers for Disease Control and Prevention

Privacy Act of 1974; System of Records

AGENCY: National Institute for Occupational Health and Safety, Centers 
for Disease Control and Prevention, Department of Health and Human 
Services.

ACTION: Notification of proposed altered system of records.

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SUMMARY: The Department of Health and Human Services (HHS) proposes to 
alter System of Records, 09-20-0147, ``Occupational Health 
Epidemiological Studies and EEOICPA Program Records, HHS/CDC/NIOSH'' In 
accordance with the requirements of the Privacy Act, the Centers for 
Disease Control and Prevention (CDC) is publishing notice of the 
amendment of the categories of individuals covered by the system of 
records; the categories of records; the authorities; and the purposes 
for maintenance of the system of records. In addition, we are proposing 
to add new routine uses. The purpose of these modifications is to 
provide notice that the National Institute for Occupational Safety and 
Health (NIOSH) is complying with the Privacy Act in executing its 
responsibilities under the James Zadroga 9/11 Health and Compensation 
Act of 2010 found at Title XXXIII of the Public Health Service Act, 42 
U.S.C. 300mm--300mm-61 (Title XXXIII). To reflect these changes, NIOSH 
is also revising the name of the system of records to ``Occupational 
Health Epidemiological Studies, EEOICPA Program Records and WTC Health 
Program Records, HHS/CDC/NIOSH.'' The entire resulting system of 
records notice, as amended, appears below.

DATES: Comments must be received on or before June 27, 2011. In order 
to comply with the tight statutory deadline for implementation of the 
Zadroga Act, the changes in this system of records notice are effective 
immediately, except for the new routine uses, which will become 
effective 30 days from the date of publication unless CDC receives 
comments that require alterations to this notice. HHS has requested a 
waiver of the OMB review period in accordance with Appendix 1 of 
Circular A-130.

ADDRESSES: You may submit written comments, identified by the Privacy 
Act System of Records Number 09-20-0147, to the following address: HHS/
CDC Senior Official for Privacy (SOP), Office of the Chief Information 
Security Officer (OCISO), 4770 Buford Highway--M/S: F-35, Atlanta, GA 
30341.
    You may also submit written comments electronically to http://www.regulations.gov. Comments must be identified by Docket No. CDC-
2011-0006. Please follow directions at http://www.regulations.gov to 
submit comments.
    All relevant comments received will be posted publicly to http://www.regulations.gov without change, including any personal or 
proprietary information provided. An electronic version of the draft is 
available to download at http://www.regulations.gov.
    Written comments, identified by Docket No. CDC-2011-0006, and/or 
Privacy Act System of Records Number 09-20-0147, will be available for 
public inspection Monday through Friday, except for legal holidays, 
from 9 a.m. until 3 p.m., Eastern Daylight Time, at 4770 Buford 
Highway--M/S: F-35, Atlanta, GA 30341. Please call ahead to (770) 488-
8660, and ask for a representative from Office of the Chief Information 
Security Officer (OCISO) to schedule your visit. Comments may also be 
viewed at http://www.regulations.gov.

FOR FURTHER INFORMATION CONTACT: Beverly E. Walker, Chief Privacy 
Officer, Centers for Disease Control and Prevention, 4770 Buford 
Highway-- M/S: F-35, Atlanta, Georgia 30341, (770) 488-8660. This is 
not a toll-free number.

SUPPLEMENTARY INFORMATION: CDC proposes to alter an existing system of 
records: 09-20-0147, ``Occupational Health Epidemiological Studies and 
EEOICPA Program Records, HHS/CDC/NIOSH,'' last published at 76 FR 4463, 
January 25, 2011, to address World Trade Center Health Program records 
needed to carry out the James Zadroga 9/11 Health and Compensation Act 
of 2010, Title XXXIII of the Public Health Service Act (42 U.S.C. 
300mm--300mm-61) (the Act). Under the WTC Health Program, the WTC 
Program Administrator is responsible for enrolling qualified 
individuals who responded to the New York City, Shanksville, PA, and 
Pentagon disaster sites and to qualified survivors of the New York City 
attacks; and to provide monitoring and treatment to eligible 
individuals for WTC related and WTC associated health conditions. 
Previously, a health screening program for responders began in 2002 and 
was extended funding by Congress and implemented as a screening and 
care program under cooperative agreements with certain 
multidisciplinary clinical centers experienced with the WTC responder 
population. The program was again expanded in 2008 to provide initial 
health evaluations, diagnostic and treatment services for residents, 
students, and others in the community affected by the September 11, 
2001, terrorist attacks in New York City. The Zadroga Act establishes 
the WTC Health Program within HHS, and so the program will assume the 
functions and goals of the cooperative agreement programs. Individuals 
who are eligible and qualified as WTC responders or screening-eligible 
and certified-eligible WTC survivors may receive an initial health 
evaluation, medical monitoring and treatment under the new WTC Health 
Program. Under this new authority, NIOSH will, for the first time, be 
directly responsible for applications for eligibility and provide for 
medical care under contracts. The changes to the system of records will 
enable NIOSH's WTC Health Program to fulfill its new responsibilities 
under Title XXXIII.
    The following amendments are made to this system of records:
    System Name is changed to the ``Occupational Health Epidemiological 
Studies, EEOICPA Program Records and WTC Health Program Records, HHS/
CDC/NIOSH.''
    The System Location is being changed to add a new location for the 
WTC Health Program Records.
    Categories of individuals covered by the system of records is 
expanded by including the individuals enrolled or claiming eligibility 
in the WTC Health program, and by deleting the term ``working'' when 
describing the affected population, so as to include WTC survivors as 
well. Categories of records is amended by adding the a description of 
records relating to eligibility and qualification for enrollment in the 
WTC Health program and records related to provision of treatment of 
enrollees for WTC related and WTC associated health conditions under 
the WTC Health Program.
    The authority and purpose for maintenance of the system of records 
are amended to include the new authority in the James Zadroga Health 
and Compensation Act of 2010, Public Health Service Act, Title XXXIII, 
``World Trade Center Health Program'' (42 U.S.C. 300mm--300mm-61), and 
to explain this additional purpose.
    We have added one routine use of general applicability regarding 
litigation. We are taking the opportunity to use standard language 
recommended by OMB for use in litigation that applies to all records of 
this system of records. We are also adding one routine use of

[[Page 31213]]

general applicability regarding disclosure to contractors.
    Two new routine uses are added that apply only to the WTC Health 
Program records. The first permits disclosure of information to enable 
coordination of benefits with federal, state, local or other workers 
compensation programs, or with public or private health plans, for 
which the beneficiary might also be eligible.
    One of the provisions of the Zadroga Act is that individuals who 
received medical monitoring and treatment benefits from the existing 
medical monitoring and treatment program prior to July 1, 2011, 
continue to be qualified for the new program. However, such an 
individual is not qualified to enroll in the new WTC Health program if 
the individual's name is on the terrorist watch list. In order to 
implement this provision, NIOSH is publishing a second new routine use 
that would permit disclosure of certain personal identifying 
information to the Department of Justice and its contractors to provide 
terrorist screening support in accordance with this statutory 
obligation.
    The routine uses of the original system of records notice continue 
to be in effect. We have reorganized the routine uses to make clear 
which ones apply to which programs, and which are of general 
applicability.
    The storage and retrieval section is amended to make clear that 
records are retrieved by individual health care identifier number.
    The Retention and disposal section is changed to add a new 
retention and disposal period for WTC Health Program records.
    The System manager(s) and address section is amended to add a new 
system manager and address for the WTC Health Program records.
    CDC filed a modified or altered system of records report with the 
Chair of the House Committee on Oversight and Government Reform and the 
Chair of the Senate Committee on Homeland Security & Governmental 
Affairs. CDC has also filed a report with the Administrator, Office of 
Information and Regulatory Affairs, Office of Management and Budget 
(OMB), and has requested waiver of OMB's usual review period in 
accordance with Appendix I of OMB Circular A-130.
    A forthcoming rulemaking implementing the provisions of the Zadroga 
Act will appear in the Federal Register.

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

Security classification:
    None.

System location:
    WTC Health Program, NIOSH, Century Center Boulevard, Building 2400, 
Mail Stop E-74, Atlanta, GA 30329.
    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 15156.
    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 data to NIOSH or destroy 
individual identifiers at the conclusion of the project.

Categories of individuals covered by the system:
    That segment of the 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). Individuals 
enrolled in or otherwise claiming eligibility and qualification for 
enrollment in the WTC Health Program created under Title XXXIII of the 
Public Health Service Act.

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 of cancer-related claimants 
under EEOICPA.'' Also included are applications for enrollment in the 
WTC Health Program and, once enrolled, screening and medical records, 
and financial records related to payment and reimbursements for care 
under the WTC program.

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.); 
and the Public Health Service Act, Title XXXIII, ``World Trade Center 
Health Program'' (42 U.S.C. 300mm--300mm-61).

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

[[Page 31214]]

injuries in the future. EEOICPA records are maintained to enable NIOSH 
to fulfill its dose reconstruction responsibilities under the Act. WTC 
Health Program records in this system are maintained and used to enable 
NIOSH to fulfill WTC Program Administrator responsibilities make 
determinations about eligibility and qualification, provide for medical 
care, pay for that care, and coordinate with other health benefit 
programs under Title XXXIII of the Public Health Service Act, 42 U.S.C. 
300mm--300mm-61.

Routine uses of records maintained in the system, including categories 
of users and the purposes of such uses:
    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 be disclosed to the Department of Justice when (1) HHS, 
or any component thereof; or (2) any employee of HHS in his or her 
official capacity; or (3) any employee of HHS in his or her individual 
capacity where the Department of Justice or HHS has agreed to represent 
the employee; or (4) the United States, is a party to litigation or has 
an interest in such litigation, and the use of such records by the 
Department of Justice is deemed by HHS 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.
    Records may be disclosed to a contractor performing or working on a 
contract for HHS and who has a need to have access to the information 
in the performance of its duties or activities for the HHS in 
accordance with law and with the contract. The contractor is required 
to comply with the applicable provisions of the Privacy Act.
    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.
    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.
    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.
    The Following Routine Uses Apply Only to Epidemiological Studies:
    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.
    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.
    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.
    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

[[Page 31215]]

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.
    Records may also be disclosed when deemed desirable or necessary, 
to the Department of Justice, and/or the Department of Labor, to enable 
those Departments 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).
    The Following Routine Uses Apply Only to WTC Health Program 
Records:
    Disclosure to the Department of Justice and its contractors provide 
terrorist screening support in accordance with NIOSH's statutory 
obligation to determine whether an individual is on the ``terrorist 
watch list'' as specified in Section 3311 and Section 3321 of the 
Zadroga Act and is eligible and qualified to be enrolled or certified 
in the WTC Health Program as specified by statute. Disclosure will be 
limited to only the information that is necessary to determine 
eligibility and qualification under the statute. The Department of 
Justice and its contractors will only use the information for the 
purpose of determining eligibility and qualification for the WTC Health 
Program and will not retain the information for longer than is 
necessary to accomplish that purpose. Personal identifying information 
needed for this screening process will be destroyed or returned to 
NIOSH once it is determined that an individual is not on the 
``terrorist watch list.''
    Disclosure of personally identifying information to applicable 
entities for the purpose of reducing or recouping WTC Health Program 
payments made to individuals under a workers' compensation law or plan 
of the United States, a State, or locality, or other work-related 
injury or illness benefit plan of the employer of such worker or public 
or private health plan as required under Title XXXIII of the Public 
Health Service Act.

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

Retrievability:
    Name, assigned identification number, or social security number

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. Guard service in buildings provides screening 
of visitors. The limited access, secured computer room contains fire 
extinguishers and an overhead sprinkler system. Computer workstations 
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 NIOSH 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 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 in 
accordance with the HHS Information Security Program Policy and FIPS 
Pub 200, ``Minimum Security Requirements for Federal Information and 
Information Systems.'' Data maintained on CDC's Mainframe and the NIOSH 
LAN 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. Security is provided for information collection, 
processing, transmission, storage, and dissemination in general support 
systems and major applications. The CDC LAN currently operates under a 
Microsoft Windows Server and is in compliance with applicable security 
standards.

Retention and disposal:
    Records are retained and disposed of according to the provisions of 
the CDC Electronic Records Control Schedule for NIOSH records. Research 
records are maintained in the 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. 
EEOICPA program records are transferred to the Federal Records Center 
15 years after the case file becomes inactive and are destroyed after 
75 years. WTC Health Program records are transferred to the Federal 
Records Center 15 years after the case file becomes inactive and are 
destroyed after 75 years. Any records provided to the Department of 
Justice for the purpose of screening individuals against the 
``terrorist watch list'' will be destroyed (and not retained by the 
Department of Justice) once it is determined that an individual is not 
on the ``terrorist watch list.''
    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:
    Director, WTC Health Program, NIOSH, Century Center Boulevard,

[[Page 31216]]

Building 2400, Mail Stop E-74, Atlanta, GA 30329.
    Program Management Officer, Division of Surveillance, Hazard 
valuations, and Field Studies (DSHEFS), National Institute for 
Occupational Safety and Health (NIOSH), Robert A. Taft Laboratories, 
Rm. 40A, 4676 Columbia Parkway, Cincinnati, OH 45226.
    Director, Division of Respiratory Disease Studies (DRDS), National 
Institute for Occupational Safety and Health (NIOSH), Bldg. ALOSH, Rm. 
H2920, 1095 Willowdale Road, Morgantown, WV 26505-2888.
    Director, Pittsburgh Research Laboratory, NIOSH, 626 Cochrans Mill 
Road, Pittsburgh, PA 15156.
    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, 200 
Independence Avenue, SW., Washington, DC 20201.

Notification procedure:
    An individual may learn if a record exists about himself 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:
    For research studies, vital status information is obtained from 
Federal, State and local governments and other available sources 
selected from those listed in Appendix I, but information is obtained 
directly from the individual and employer records, whenever possible. 
EEOICPA records are obtained from the individual subject and the 
employer's records. WTC Health Program Records are obtained from 
individual applicants and enrollees, from medical providers who have 
treated eligible individuals, and from data centers that are 
repositories of demographic and clinical information about WTC 
responders and survivors.

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
    Commercial Telephone Directories

    Dated: May 25, 2011.
James D. Seligman,
Chief Information Officer, Centers for Disease Control and Prevention.
[FR Doc. 2011-13470 Filed 5-26-11; 11:15 am]
BILLING CODE 4163-18-P
```