Federal Register / Vol. 66, No. 10 / Tuesday, January 16, 2001 / Notices 3653

that are locked or have limited access)

or are otherwise protected; and (2) the

system recognizes authorized users by

means of an individually unique

password entered in combination with

an individually unique user

identification code.

3. Access to automated records

concerning identification codes and

codes used to access various VA

automated communications systems and

records systems, as well as security

profiles and possible security violations

is limited to designated automated

systems security personnel who need to

know the information in order to

maintain and monitor the security of

VA’s automated communications and

veterans’ claim records systems. Access

to these records in automated form is

controlled by individually unique

passwords/codes. Agency personnel

may have access to the information on

a need to know basis when necessary to

advise agency security personnel or for

use to suspend or revoke access

privileges or to make disclosures

authorized by a routine use.

4. Access to VA facilities where

identification codes, passwords,

security profiles and possible security

violations are maintained is controlled

at all hours by the Federal Protective

Service, VA or other security personnel

and security access control devices.

RETENTION AND DISPOSAL:

Copies of back-up computer files will

be maintained at VA Management

Science Group, Bedford, Massachusetts,

and VA Information Resource Center,

Hines, Illinois.

Records will be maintained and

disposed of in accordance with the

records disposal authority approved by

the Archivist of the United States, the

National Archives and Records

Administration, and published in

Agency Records Control Schedules.

SYSTEM MANAGER AND ADDRESS:

Director, Management Science Group,

VA Medical Center, 200 Springs Road,

Bedford, Massachusetts 01730.

NOTIFICATION PROCEDURE:

Individuals wishing to inquire

whether this system of records contains

information about them should submit a

signed written request to the Director,

Management Science Group, VA

Medical Center, 200 Springs Road,

Bedford, Massachusetts 01730.

RECORDS ACCESS PROCEDURES:

An individual who seeks access to

records maintained under his or her

name or other personal identifier may

write the System Manager named above

and specify the information being

contested.

CONTESTING RECORD PROCEDURES:

(See Records Access Procedures above.)

RECORD SOURCE CATEGORIES:

Information may be obtained from the

Patient Medical Records System

(24VA136); Patient Fee Basis Medical

and Pharmacy Records (23VA136);

Veterans and Beneficiaries

Identification and Records Location

Subsystem (38VA23); Compensation,

Pension, Education and Rehabilitation

Records (58VA21/22); and Automated

Medication Processing Records

(56VA119); DoD utilization files and

DEERS files; and HCFA Denominator

file, Standard Analytical files (inpatient,

outpatient, physician supplier, nursing

home, hospice, home care, durable

medical equipment) and Group Health

Plan, and State Medicaid beneficiaries’

utilization and enrollment databases.

[FR Doc. 01–1112 Filed 1–12–01; 8:45 am]

BILLING CODE 8320–01–M

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’’.

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

3654 Federal Register / Vol. 66, No. 10 / Tuesday, January 16, 2001 / Notices

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.

Federal Register / Vol. 66, No. 10 / Tuesday, January 16, 2001 / Notices 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

3656 Federal Register / Vol. 66, No. 10 / Tuesday, January 16, 2001 / Notices

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