Federal Register, Volume 76 Issue 114 (Tuesday, June 14, 2011)

[Federal Register Volume 76, Number 114 (Tuesday, June 14, 2011)]
[Notices]
[Pages 34706-34711]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2011-14807]

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DEPARTMENT OF HEALTH AND HUMAN SERVICES

Centers for Disease Control and Prevention

[Docket Number CDC-2011-0006]
[RIN 0920-ZA03]

Privacy Act of 1974; System of Records

AGENCY: Department of Health and Human Services (HHS), Centers for
Disease Control and Prevention (CDC), National Institute for
Occupational Safety and Health (NIOSH).

ACTION: Notification of proposed altered system of records;
clarification.

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SUMMARY: On May 27, 2011, the Centers for Disease Control and
Prevention (CDC), located within the Department of Health and Human
Services (HHS), published a Notification of Proposed Altered System of
Records for its system of records, 09-20-0147, ``Occupational Health
Epidemiological Studies and EEOICPA Program Records, HHS/CDC/NIOSH.''
This document offers clarifications to the May publication.

DATES: Comments must be received on or before June 27, 2011.

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: In the May 27, 2011, notice (76 FR 31212),
CDC provided information regarding the

[[Page 34707]]

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 proposed to
add new routine uses. The purpose of these modifications was to provide
notice as to how the National Institute for Occupational Safety and
Health (NIOSH), a component of CDC, 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). CDC offers the
following clarifications.
1. We are adding a clause to the first sentence of the section
entitled ``Categories of records in the system'' to address the
information that is in the record system for individuals presumed to be
enrolled in the World Trade Center (WTC) Health Program as of July 1,
2011. We are also adding a sentence at the end of the section to notify
individuals that information that is provided to HHS that is from a
system of records under the control of the Terrorist Screening Center
(TSC), Federal Bureau of Investigation, Department of Justice, remains
law enforcement information and retains the exemptions listed in
Justice/FBI-019, 72 FR 47073 (Aug. 22, 2007) and promulgated under 28
CFR 16.96(r).
Accordingly, that section now reads, in relevant part:
Categories of records in the system: * * * Also included are
applications for enrollment in the World Trade Center (WTC) Health
Program and, information on individual enrolled or otherwise claiming
eligibility and qualification for enrollment; once enrolled,
information on these individuals may include screening and medical
records, and financial records related to payment and reimbursements
for care under the WTC program. Information that is provided to HHS
that is from a system of records under the control of the Terrorist
Screening Center (TSC), Federal Bureau of Investigation, Department of
Justice, remains law enforcement information and retains the exemptions
listed in Justice/FBI-019, 72 FR 47073 (Aug. 22, 2007) and promulgated
under 28 CFR 16.96(r).
2. Provisions of the Zadroga Act mandate that no individual on the
terrorist watchlist may be qualified as eligible to receive the
benefits under this Act. In order to implement this provision, NIOSH
published a 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 to qualify individuals under this program. We
are retaining the language that describes the information released to
the Department of Justice and that this disclosure is for the purpose
of permitting the Department of Justice to perform the terrorist
screening required by Title XXXIII of the Public Service Act. We have
added a sentence at the end of the description of the routine uses for
the WTC Health Program records affirming that NIOSH will comply with
applicable Federal law with respect to the records in this system. We
have also added language to provide a more complete explanation of the
information the Department of Justice will retain consistent with
Justice/FBI-019, Terrorist Screening Center Records System. That
routine use has been clarified, as follows:

Disclosure to the Department of Justice and its contractors to
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 by NIOSH, under this routine use, will be limited to only
the information that is necessary to determine eligibility and
qualification under the statute. The Department of Justice will only
retain information provided by HHS that relates to (1) Individuals
known or appropriately suspected to be or have been engaged in
conduct constituting, in preparation for, in aid of, or related to
terrorism (``known or suspected terrorists''); (2) individuals
identified during the terrorism screening process as a possible
identity match to a known or suspected terrorist; (3) individuals
who are misidentified as a possible identity match to a known or
suspected terrorist in order to expedite future screening of those
individuals and to support the appeals process; and/or (4)
individuals about whom a terrorist watchlist-related appeal inquiry
has been made. Information that does not fall into one of the above
listed categories will not be retained by the Department of Justice.

3. We are modifying the Retention and disposal section to delete
any reference to the Department of Justice which adheres to its own
records retention schedule. This section will now read as follows:
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. Energy Employees
Occupational Illness Compensation Program Act (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.
In our May 27, 2011, notice, we provided opportunity to comment
until June 27, 2011, on the new routine uses in the altered system of
records as is required under the Privacy Act, 5 U.S.C. 552a(e)(11). By
publishing in the Federal Register, the agency provides individuals
with notice of the information that the agency will be disclosing and
the purpose of that disclosure. Britt v. Naval Investigative Service,
886 F.2d 544, 548 (3rd Cir. 1989). ``A new `routine use' is one which
involves disclosure of records for a new purpose * * * or to a new
recipient or category of recipients.'' 40 FR 28948, 28966 (July 9,
1975). In the May 27, 2011, notice, we specified we would be providing
information to the Department of Justice for the purpose of that agency
conducting the terrorist screening under specified provisions of Title
XXXIII of the Public Health Service Act and that the information
disclosed would be limited to that information needed for this
screening purpose. The clarifications provided in this notice do not
establish a new purpose, new recipient or category of recipients,
notwithstanding additional information provided as to the retention by
the Department of Justice of certain information identified in the May
27, 2011, notice. Since the additional information does not create a
new routine use or substantively alter the language pertaining to the
information that NIOSH will disclose or why it is disclosing it, the
comment period will remain the same and comments must be received on or
before June 27, 2011 as specified in the May 27, 2011 notice specified
above. The entire resulting system of records notice, as amended and
clarified, appears below.

[[Page 34708]]

Dated: June 7, 2011.
James D. Seligman,
Chief Information Officer, Centers for Disease Control and Prevention.

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
World Trade Center (WTC) Health Program and information on individuals
enrolled in or otherwise claiming eligibility and qualification for
enrollment; once enrolled, information on these individuals may include
screening and medical records, and financial records related to payment
and reimbursements for care under the WTC program. Information that is
provided to HHS that is from a system of records under the control of
the Terrorist Screening Center (TSC), Federal Bureau of Investigation,
Department of Justice remains law enforcement information and retains
the exemptions listed in Justice/FBI-019, 72 FR 47,073 (Aug. 22, 2007)
and promulgated under 28 CFR 16.96 (r).

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 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

[[Page 34709]]

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 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 to
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

[[Page 34710]]

eligible and qualified to be enrolled or certified in the WTC Health
Program as specified by statute. Disclosure by NIOSH, under this
routine use, will be limited to only the information that is necessary
to determine eligibility and qualification under the statute. The
Department of Justice will only retain information provided by HHS that
relates to (1) Individuals known or suspected to be or have been
engaged in conduct constituting, in preparation for, in aid of, or
related to terrorism (``known or suspected terrorists''); (2)
individuals identified during the terrorism screening process as a
possible identity match to a known or suspected terrorist; (3)
individuals who are misidentified as a possible identity match to a
known or suspected terrorist in order to expedite future screening of
those individuals and to support the appeals process; and/or (4)
individuals about whom a terrorist watchlist-related appeal inquiry has
been made. Information that does not fall into one of the above listed
categories will not be retained by the Department of Justice.
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. NIOSH will maintain, use, and disclose the information in
the System of Records in accordance with applicable Federal law.

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. 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.
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,
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.

[[Page 34711]]

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

[FR Doc. 2011-14807 Filed 6-10-11; 4:15 pm]
BILLING CODE 4163-18-P