Federal Register: December 11, 2001 (Volume 66, Number 238)
DOCID: FR Doc 01-30613
DEPARTMENT OF VETERANS AFFAIRS
Veterans Affairs Department
ACTION: Privacy Act:
DOCUMENT ACTION: Notice of establishment of new system of records.
Privacy Act of 1974; System of Records
DATES: Comments on the establishment of this system of records must be received no later than January 10, 2002. If no public comment is received, the new system will become effective January 10, 2002.
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 ``Gulf War RegistryVA'' (93VA131).
System of records,
I. Description of the Proposed Systems of Records
The Gulf War Registry (GWR), located at the Austin Automation Center (AAC), Austin, Texas, is an automated integrated system. The registry contains demographic and medical data of registry examinations from August 2, 1990, until such time as Congress by law ends the Gulf War, for veterans serving in the Southwest Asia theatre of operations during the Gulf War who may have been exposed to a toxic substance or environmental hazard. There is also registry data on veteran's spouse or children suffering from an illness or disorder (including birth defects, miscarriages, or stillbirth) which cannot be disassociated from the veteran's service in the Southwest Asia theatre of operations.
These data are entered manually on code sheets by VA facility staff or, in the case of veterans' spouses and children, by nonVA physicians. Hard copies of these code sheets then are sent to the AAC for entry into the GWR data set. The principal identifiers in these GWR records are the Social Security Number and veteran's name. The GWR system of records located at VA Central Office, Washington, DC, is an optical disk system containing images of paper records, i.e., GW code sheets. Once these paper records are scanned on optical disks, they are disposed of in accordance with RCS 101.
The purpose of this GWR system of records is to provide information about veterans who have had a GWR examination at a VA facility, and their spouses and/or children who have had examinations by nonVA physicians. The records are used to assist in generating hypotheses for research studies; to enable management to track patient demographics; to report birth defects among veterans' children; to assist in planning the delivery of health care services, including the associated costs; and, to possibly be used in the adjudication of claims perhaps related to exposure to a toxic substance or environmental hazard.
II. Proposed Routine Use Disclosures of Data in the System
We are proposing to establish the following routine use disclosures of information to 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 or 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 issues 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. The disclosure of records covered by this system, as deemed necessary and proper, may be made 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 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 Title 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), may be made 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 for Health.
6. In order to conduct Federal research necessary to accomplish a [[Page 64073]]
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 ensure 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 at VA's own 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. However, names and addresses of veterans and their dependents will be released only to Federal entities.
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 VA collects the information.
10. Relevant information may be disclosed to individuals, organizations, private or public agencies, etc., with whom VA has a contract or agreement to perform such services as VA may deem practical for the purposes of laws administered by VA, in order for the contractor to perform the services of the contract or agreement.
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.
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, the recipient of the information will use the information in connection with a matter relating to one of VA's programs, will 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 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: December 4, 2001.
Anthony J. Principi,
Secretary of Veterans Affairs.
FOR FURTHER INFORMATION CONTACT
Veterans Health Administration (VHA) Privacy Act Officer (193B3), Department of Veterans Affairs, 810 Vermont Avenue, NW., Washington, DC 20420, (727) 3201839.