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[Federal Register Volume 66, Number 103 (Tuesday, May 29, 2001)]
[Notices]
[Pages 29209-29212]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 01-13424]

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DEPARTMENT OF VETERANS AFFAIRS

Privacy Act of 1974; System of Records

AGENCY: Department of Veterans Affairs (VA).

ACTION: Notice of System of Records ``Spinal Cord Dysfunction-
Registry--VA.''

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SUMMARY: The Privacy Act of 1974 (5 U.S.C. 552a(e)(4)) requires that 
all agencies publish in the Federal Register a notice of the existence 
and character of their system of records. Notice is hereby given that 
the Department of Veterans Affairs (VA) is establishing a new system of 
records entitled ``Spinal Cord Dysfunction--Registry (SCD-R)-VA'' 
(108VA11S).

DATES: Comments on the establishment of this new system of records must 
be received no later than June 28, 2001. If no public comment is 
received, the new system will become effective June 28, 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 Regulations Management, Room 1158, between the 
hours of 8 a.m. and 4:30 p.m., Monday through Friday (except holidays).

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

SUPPLEMENTARY INFORMATION:

1. Description of the Proposed System of Records

    The Spinal Cord Dysfunction (SCD)--Registry provides a registry of 
veterans with spinal cord injury and disorders (SCI&D). This registry 
contains pertinent information on veterans with SCI&D and enables 
better coordination of care among VHA staff. The purpose of the 
registry is to assist clinicians, administrators, and researchers in 
identifying and tracking services for veterans with spinal cord 
dysfunction resulting from trauma or diseases. The SCD--Registry can 
also facilitate clinical, administrative, and research reports for 
medical center use. Local Veterans Health Information System and 
Technology Architecture (VistA) SCD--Registries provide aggregate data 
to the National SCD--Registry database at the Austin Automation Center 
(AAC). This centralized AAC registry is used to provide a VA-wide 
review of veteran demographics and clinical aspects of injury and 
disorders for administrative and research purposes.
    These records contain identifying information including name, 
social security number (SSN), date of birth, unique record identifiers, 
and registration date. SCD--Registry registration information may 
include registration status, neurologic level of injury, etiology, date 
of onset, type of cause, completeness of injury, and annual evaluation 
dates offered and received. Each local medical center facility has a 
VistA based SCD--Registry software package that interactively functions 
with other clinical VistA based software. The SCD--Registry program and 
other programs at the respective facilities automatically flag records 
or events for transmission based upon functionality requirements. Data 
transmissions between VA health care facilities and the VA databases 
housed at the AAC are accomplished using the

[[Page 29210]]

Department's wide area network. The SCD--Registry Outcomes File has 
data fields for storing measures of impairment, activity, social role 
participation, and satisfaction with life. A registrant may have 
multiple entries in this file.
    VHA's Health Services Research and Development Service (HSR&D) and 
the congressionally-chartered Paralyzed Veterans of America (PVA) 
originally developed the SCD--Registry. However, these records are 
maintained exclusively by VA. Registration may be completed by VA staff 
entering patients diagnosed with spinal cord injury and disorders 
applying for or receiving VA health care services.
    Electronic and paper records are maintained at the AAC, Department 
of Veterans Affairs, 1615 Woodward Street, Austin, Texas 78772. They 
are also maintained at VA health care facilities listed in VA Appendix 
1 of the biennial publication of VA's Systems of Records. Records will 
be maintained and disposed of in accordance with record disposition 
authority approved by the Archivist of the United States. Depending on 
the record medium, records are destroyed by either shredding or 
degaussing.
    An individual who wishes to determine whether a record is being 
maintained in this system under his or her name or other personal 
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 
Chief Consultant, Spinal Cord Injury and Disorders Strategic Healthcare 
Group (128N), 1660 South Columbian Way, Seattle, Washington 98108-1597. 
Inquiries should include the veteran's name, social security number, 
and return address.

2. Proposed Routine Use Disclosures of Data in the System

    VA is proposing to establish the routine use disclosures of 
information which will be maintained in the system as specified in the 
``Routine Uses of Records Maintained in the System'' section of this 
notice below. There is no additional privacy impact anticipated from 
this system of records as part of the broader VHA record of clinical 
and health care information. Information maintained in the system is 
limited to that which is relevant and necessary for the planning and 
delivery of quality patient care services. Access is strictly limited 
to VA personnel with a bona fide need for the information in the 
performance of their duties. No persons outside of the ``need-to-know'' 
access criteria will be given access capabilities. Privacy Act access 
requirements will be adhered to for all situations.
    Release of information from these records will be made only in 
accordance with the provisions of the Privacy Act of 1974 for 
investigative, judicial, and administrative uses. The Privacy Act 
permits disclosure of 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 the information 
was collected. VA has determined that release of information for these 
purposes is a necessary and proper use of information and that specific 
routine uses for transfer of this information are appropriate for:
    (a) Disclosure to a member of Congress or staff person, acting for 
the member, when they request the record on behalf of, and at the 
written request of that individual.
    (b) Disclosure, as deemed necessary and proper to approved agents/
attorneys aiding beneficiaries in the preparation/presentation of their 
cases during verification and/or due process procedures or in the 
presentation/prosecution of claims under laws administered by VA.
    (c) Disclosure of name(s) and address(es) of present or former 
members of the armed services and/or their dependents to: (i) Any 
nonprofit organization if the release is directly connected with the 
conduct of programs and the utilization of benefits under Title 38, and 
(ii) any criminal or civil law enforcement governmental agency or 
instrumentality charged under applicable law with the protection of the 
public health or safety who 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. 
5701(f).
    (d) Disclosure to the National Archives and Records Administration 
(NARA) in records management inspections conducted under authority of 
Title 44 U.S.C.
    (e) Disclosure for research purposes determined to be necessary and 
proper, to epidemiological and other research facilities approved by 
the Under Secretary for Health.
    (f) Disclosure 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.
    (g) Disclosure indicating a violation or potential violation of law 
to the appropriate agency charged with the responsibility of 
investigating or prosecuting such violation.
    (h) Disclosure for program review purposes and the seeking of 
accreditation and/or certification.
    (i) Disclosure in a proceeding before a court, adjudicative body, 
or other administrative body before which the Agency is authorized to 
appear.
    (j) Disclosure to individuals, organizations, private or public 
agencies, etc., with whom VA has a contract or agreement to perform 
such services as VA may deem practicable for the purposes of laws 
administered by VA, in order for the contractor or subcontractor to 
perform the services of the contract or agreement.
    (k) Disclosed to the Department of Justice and United States 
Attorneys in defense or prosecution of litigation involving the United 
States, and to Federal agencies upon their request in connection with 
review of administrative tort claims filed under the Federal Tort 
Claims Act, 28 U.S.C. 2672.

3. Compatibility of the Proposed Routine Uses

    The Privacy Act permits VA to disclose information about 
individuals without their prior written consent for a routine use when 
the information will be used for a purpose that is compatible with the 
purpose for which the information was collected. In all of the routine 
use disclosures described, the recipient of the information will use 
the information in connection with a matter relating to one of VA's 
programs, to provide a benefit to VA, or to provide disclosure as 
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 the Office of Management and Budget (OMB) as 
required by 5 U.S.C. 552a(r) (Privacy Act) and guidelines issued by OMB 
(65 FR 77677), December 12, 2000.

    Approved: May 9, 2001.
Anthony J. Principi,
Secretary of Veterans Affairs.
108VA11S

System Name:
    Spinal Cord Dysfunction--Registry (SCD-R)-VA.

System Location:
    All electronic and paper records are maintained at the Austin 
Automation Center (AAC), Department of Veterans

[[Page 29211]]

Affairs (VA), 1615 Woodward Street, Austin, Texas 78772, and at VA 
health care facilities listed in VA Appendix 1 of the biennial 
publication of VA's Systems of Records. Each local medical center 
facility has a Veterans Health Information System and Technology 
Architecture (VistA)-based SCD-Registry software package. Data 
transmissions between VA health care facilities and the VA databases 
housed at the AAC are accomplished using the Department's wide area 
network.

Categories of Individuals Covered by the System:
    Veterans identified with spinal cord injury and disorders that have 
applied for VA health care services are included in the system. 
Occasionally, non-veterans who have received VA health care or 
rehabilitation services under sharing agreements, contracted care, or 
humanitarian emergencies will also have information recorded in the 
Spinal Cord Dysfunction (SCD)-Registry.

Categories of Records in the System:
    These records contain identifying information including name, 
social security number, date of birth, and registration date in the 
SCD-Registry. SCD-Registry registration information may include 
information about whether individuals are receiving services from VA's 
spinal cord system of care, neurologic level of injury, etiology, date 
of onset, type of cause, completeness of injury, and annual evaluation 
dates offered and received. The Outcomes File of the SCD-Registry has 
data fields for storing measures of impairment, activity, social role 
participation, and satisfaction with life. A registrant may have 
multiple entries in this file.

Authority for Maintenance of the System:
    Title 38, United States Code, Sections 501 and 7304.

Purpose(s):
    The SCD-Registry provides a registry of veterans with spinal cord 
injury and disorders (SCI&D). This registry contains pertinent 
information on veterans with SCI&D and enables better coordination of 
care among VHA staff. The purpose of the registry is to assist 
clinicians, administrators, and researchers in identifying and tracking 
services for veterans with spinal cord dysfunction resulting from 
trauma or diseases. The SCD-Registry can also facilitate clinical, 
administrative, and research reports for medical center use. Local 
VistA SCD-Registries provide data extracts to the National SCD-Registry 
database at the AAC. This centralized AAC registry is used to provide a 
VA-wide review of veteran demographics and clinical aspects of injuries 
and disorders.

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 they request 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 
veterans service organization representatives and other individuals 
named as approved agents or attorneys for a documented purpose and 
period of time. These agents/attorneys must be aiding beneficiaries in 
the preparation/presentation of their cases during verification and/or 
due process procedures or in the presentation/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. 5701(f).
    4. Disclosure may be made to the National Archives and Records 
Administration (NARA) in records management inspections conducted under 
authority of Title 44 United States Code.
    5. Disclosure of information, excluding name and address (unless 
name and address is furnished by the requester) 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 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.
    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 at VA's 
initiative 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 
Rehabilitation Accreditation Commission, 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 in a 
proceeding before a court, adjudicative body, or other administrative 
body when the Agency, or any Agency component or employee (in his or 
her official capacity as a VA employee), is a party to litigation; when 
the Agency determines that litigation is likely to affect the Agency, 
any of its components or employees, or the United States has an 
interest in the litigation, and such records are deemed to be relevant 
and necessary to the legal proceedings; provided, however, that the 
disclosure is compatible with the purpose for which the records were 
collected.
    10. Disclosure of relevant information may be made to individuals, 
organizations, private or public agencies, etc., with whom VA has a

[[Page 29212]]

contract or agreement to perform such services as VA may deem 
practicable for the purposes of laws administered by VA, in order for 
the contractor or subcontractor to perform the services of the contract 
or agreement.
    11. Relevant information may be disclosed to the Department of 
Justice and United States Attorneys in defense or prosecution of 
litigation involving the United States, and to Federal agencies upon 
their request in connection with review of administrative tort claims 
filed under the Federal Tort Claims Act, 28 U.S.C. 2672.

Policies and Practices for Storing, Retrieving, Accessing, Retaining, 
and Disposing of Records in the System:
Storage:
    Magnetic tapes/disks and optical discs. Electronic data are 
maintained on Direct Access Storage Devices at the AAC. The AAC stores 
registry tapes for disaster backup at a secure, off-site location.

Retrievability:
    Records are indexed by name of veteran, social security number, and 
unique patient identifiers.

Safeguards:
    1. Data transmissions between VA health care facilities and the VA 
databases housed at the AAC are accomplished using the Department's 
wide area network. The SCD-Registry program and other programs at the 
respective facilities automatically flag records or events for 
transmission based upon functionality requirements. VA health care 
facilities control access to data by using VHA's VistA software 
modules. The Department's Telecommunications Support Service has 
oversight responsibility for planning, security, and management of the 
wide area network.
    2. Access to records at VA health care facilities is only 
authorized to VA personnel on a ``need-to-know'' basis. Records are 
maintained in staffed rooms during working hours. During non-working 
hours, there is limited access to the building with visitor control by 
security personnel. 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.
    3. Strict control measures are enforced to ensure that access to 
and disclosure from all records including electronic files and veteran-
specific data elements are limited to VHA employees whose official 
duties warrant access to those files. The automated record system 
recognizes authorized users by keyboard entry of unique passwords, 
access, and verify codes.

Retention and Disposal:
    Records will be maintained and disposed of in accordance with 
record disposition authority approved by the Archivist of the United 
States. Depending on the record medium, records are destroyed by either 
shredding or degaussing. Optical disks or other electronic media are 
deleted when no longer required for official duties.

System Manager(s) and Address:
    Spinal Cord Dysfunction--Registry Coordinator (128N), 3350 La Jolla 
Village Drive, San Diego, California 92161. Officials responsible for 
policies and procedures: Chief Consultant, Spinal Cord Injury and 
Disorders Strategic Healthcare Group (128N), 1660 South Columbian Way, 
Seattle, Washington 98108-1597.

Notification Procedure:
    An individual who wishes to determine whether a record is being 
maintained in this system under his or her name or other personal 
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 
Chief Consultant, Spinal Cord Injury and Disorders Strategic Healthcare 
Group (128N), 1660 South Columbian Way, Seattle, Washington 98108-1597. 
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 
Chief Consultant, Spinal Cord Injury and Disorders Strategic Healthcare 
Group (128N), 1660 South Columbian Way, Seattle, Washington 98108-1597

Contesting Records Procedures:
    (See Record Access Procedures.)

Record Source Categories:
    Various automated record systems providing clinical and managerial 
support to VA health care facilities, the veteran, family members, 
accredited representatives or friends, ``Patient Medical Records''--VA 
(24VA136) system of records.

[FR Doc. 01-13424 Filed 5-25-01; 8:45 am]
BILLING CODE 8320-01-P
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