[Federal Register Volume 66, Number 10 (Tuesday, January 16, 2001)]
[Notices]
[Pages 3653-3656]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 01-1113]


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DEPARTMENT OF VETERANS AFFAIRS


Privacy Act of 1974; System of Records

AGENCY: Department of Veterans Affairs (VA).

ACTION: Notice of New System of Records ``Agent Orange Registry--VA''.

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SUMMARY: The Privacy Act of 1974 (5 U.S.C. 552(e)(4)) requires that all 
agencies publish in the Federal Register a notice of the existence and 
character of their systems of records. Notice is hereby given that the 
Department of Veterans Affairs (VA) is establishing a new system of 
records entitled, ``Agent Orange Registry--VA'' (105VA131).

DATES: Comments on the establishment of this system of records must be 
received no later than February 15, 2001. If no public comment is 
received, the new system will become effective February 15, 2001.

ADDRESSES: Written comments concerning the proposed new 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 Regulatory Management, Room 1158, between the 
hours of 8 a.m. and 4:30 p.m., Monday through Friday (except holidays).

FOR FURTHER INFORMATION CONTACT: Veterans Health Administration Privacy 
Act Officer (193B2), Department of Veterans Affairs, 810 Vermont 
Avenue, NW., Washington, DC 20420, (727) 320-1839.

SUPPLEMENTARY INFORMATION:

1. Description of the Proposed Systems of Records.

    The Agent Orange Registry located at the Austin Automation Center 
(AAC), Austin, Texas, is an automated integrated system containing 
demographic and medical data of registry examinations from 1988 until 
such time as the VA Secretary or Congress by law ends the registry 
program. These data were entered manually on code sheets by VA facility 
staff and copies sent to the AAC for entry into the Agent Orange 
Registry data set.
    The purpose of this Agent Orange Registry system of records is to 
provide information about veterans who have had an Agent Orange 
Registry examination at a VA facility; to assist in generating 
hypotheses for research studies; provide management with the capability 
to track patient demographics; report birth defects among veteran's 
children; dioxin-related diseases; planning and delivery of health care 
services and associated costs; and with relation to claims for 
compensation may assist in the adjudication of claims possibly related 
to herbicide exposure although more comprehensive medical records are 
required for evaluation of subject claims.

II. Proposed Routine Use Disclosures of Data in the System

    We are proposing to establish the following routine use disclosures 
of information which will be maintained in the system:
    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 of staff person requests the record on behalf of, and 
at the written request of, that individual.
    Individuals sometimes request the help of a member of Congress in 
resolving some issue relating to a matter before VA. The member of 
Congress then writes VA, and VA must be able to give sufficient 
information to be responsive to the inquiry.
    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 purpose and period of time, to aid 
beneficiaries in the

[[Page 3654]]

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 VA.
    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 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).
    VA must be able to comply with the requirements of agencies charged 
with enforcing the law who are conducting investigations. VA must also 
be able to provide information to State or local agencies charged with 
protecting the public health as set forth in State law.
    4. Disclosure may be made to the National Archives and Record 
Administration (NARA) in records management inspections conducted under 
authority of 44 United States Code.
    NARA is responsible for archiving old records no longer actively 
used, but which may be appropriate for preservation; they are 
responsible in general for the physical maintenance of the Federal 
government's records. VA must be able to turn records over to these 
agencies in order to determine the proper disposition of such records.
    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.
    VA participates in various research programs and activities. VA 
must be able to disclose information for research purposes approved by 
the Under Secretary of 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.
    VA must be able to disclose information for research purposes 
needed to accomplish a statutory purpose of a Federal agency. VA 
occasionally contracts out certain of its functions when this would 
contribute to effective and efficient operations. VA must be able to 
give a contractor whatever information is necessary for the contractor 
to fulfill its duties. In these situations, safeguards are provided in 
the contract prohibiting the contractor from using or disclosing the 
information for any purpose other than that described in the contract.
    7. 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 responsibility of investigating or prosecuting such violation or 
charged with enforcing or implementing the statute or rule, regulation 
or order issued pursuant thereto.
    8. 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.
    VA health care facilities undergo certification and accreditation 
by several national accreditation agencies or boards to comply with 
regulations and good medical practices. VA must be able to disclose 
information for program review purposes and the seeking of 
accreditation and/or certification of health care facilities and 
programs.
    9. Records from this system of records may be disclosed to the 
Department of Justice (DOJ) or in a proceeding before a court, 
adjudicative body, or other administrative body before which the Agency 
is authorized to appear when: The Agency, or any component thereof; or 
any employee of the Agency in his or her official capacity; where the 
DOJ or the Agency has agreed to represent the employee; or the U.S. 
when the Agency determines that litigation is likely to affect the 
Agency or any of its components, is a party to litigation, and has an 
interest in such litigation, and the use of such records by the DOJ or 
the Agency is deemed by the Agency to be relevant and necessary to the 
litigation provided, however, that the disclosure is compatible with 
the purpose for which the records were collected.
    Whenever VA is involved in litigation, or occasionally when another 
party is involved in litigation and VA policies or operations could be 
affected by the outcome of the litigation, VA would be able to disclose 
information to the court or parties involved. A determination would be 
made in each instance that, under the circumstances involved, the 
purpose served by the use of the information in the particular 
litigation is compatible with a purpose for which the VA collects the 
information.

III. Compatibility of the Proposed Routine Uses

    The Privacy Act permits VA to disclose information about 
individuals without their consent for a routine use when the 
information will be used for a purpose that is compatible with the 
purpose for which we collected the information. In all of the routine 
use disclosures described above, either the recipient of the 
information will use the information in connection with a matter 
relating to one of VA's programs, we use the information to provide a 
benefit to VA, or disclosure is required by law.
    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 Office of Management and Budget (OMB) as required by 
5 U.S.C. 552a (Privacy Act) and guidelines issued by OMB (61 FR 6428), 
February 20, 1996.


[[Page 3655]]


    Approved: December 22, 2000.
Hershel W. Gober,
Acting Secretary of Veterans Affairs.
105VA131

System Name:
    Agent Orange Registry-VA.

System Location:
    Character-based data from Agent Orange Registry Code Sheets are 
maintained in a registry dataset at the Austin Automation Center, 1615 
Woodward Street, Austin, Texas 78772.

Categories of Individuals Covered by this System:
    Veterans who may have been exposed to dioxin or other toxic 
substance in a herbicide or defoliant during active military service in 
the Republic of Vietnam between 1962 and 1975 and have had an Agent 
Orange Registry examination at a Department of Veterans Affairs (VA) 
medical facility.

Categories of Records in the System:
    These records may contain the following information: Code sheet 
records recording VA facility code identifier where the veteran was 
examined or treated; veteran's name; address; social security number; 
military service serial number; claim number; date of birth; race/
ethnicity; marital status; sex; branch of service; periods of service; 
areas of service in Vietnam; list of military units where veterans 
served; method of exposure to herbicides; veteran's self-assessment of 
health; date of registry examination; veteran's complaints/symptoms; 
reported birth defects among veteran's children; consultations; 
diagnoses; disposition (hospitalized, referred for outpatient 
treatment, etc.) and name and signature of examiner/physician 
coordinator, when available.

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

Purpose(s):
    The purpose of this Agent Orange Registry system of records is to 
provide information about: veterans who have had an Agent Orange 
Registry 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 veterans' 
children; dioxin-related diseases; planning and delivery of health care 
services and associated costs; and with relation to claims for 
compensation which may assist in the adjudication of claims possibly 
related to herbicide exposure although more comprehensive medical 
records are required for evaluation of subject claims.

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 purpose 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 VA.
    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 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 Record 
Administration (NARA) in records management inspections conducted under 
authority of 44 U.S.C. 2904 and 2906.
    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 any 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. 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.
    8. 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.
    9. Records from this system of records may be disclosed to the 
Department of Justice (DOJ) or in a proceeding before a court, 
adjudicative body, or other administrative body before which the Agency 
is authorized to appear when: the Agency, or any component thereof; or 
any employee of the Agency in his or her official capacity; where the 
DOJ or the Agency has agreed to represent the employee; or the U.S. 
when the Agency determines that litigation is likely to affect the 
Agency or any of its components, is a party to litigation, and has an 
interest in such litigation, and the use of such records by the DOJ or 
the Agency is deemed by the Agency to be relevant and necessary to the 
litigation provided, however, that the

[[Page 3656]]

disclosure is compatible with the purpose for which the records were 
collected.

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 Austin Automation Center (AAC), Austin, Texas. AAC stores registry 
tapes for disaster back up at an off-site location.

Retrievability:
    Records are retrieved by name of veteran and social security 
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:
    Director, Environmental Agents Service (131), Office of Public 
Health and Environmental Hazards (clinical issues) and Management/
Program Analyst, Environmental Agents Service (131) (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 personnel 
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 
Director, Environmental Agents Service (131), Office of Public Health 
and Environmental Hazards 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 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 
Director, Environmental Agents Service (131) 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. 01-1113 Filed 1-12-01; 8:45 am]
BILLING CODE 8320-01-M