[Federal Register Volume 68, Number 189 (Tuesday, September 30, 2003)]
[Notices]
[Pages 56379-56382]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 03-24624]


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DEPARTMENT OF VETERANS AFFAIRS


Privacy Act of 1974; System of Records

AGENCY: Department of Veterans Affairs (VA).

ACTION: Notice of New System of Records ``Shipboard Hazard and Defense 
Integrated Database--VA''.

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SUMMARY: The Privacy Act of 1974 (5 U.S.C. 552(e)(4)) requires that 
each agency publish in the Federal Register a notice of the existence 
and character of its systems of records. Notice is hereby given that 
the Department of Veterans Affairs (VA) is establishing a new system of 
records entitled, ``Shipboard Hazard and Defense Integrated Database--
VA'' (128VA008A).

DATES: Comment on the establishment of this system of records must be 
received no later than October 30, 2003. If no public comment is 
received, the new system will become effective October 30, 2003.

ADDRESSES: Anyone may submit written comments concerning the proposed 
system of records to the Director, Regulations Management (00REG1), 
Department of Veterans Affairs, 810 Vermont Avenue NW., Washington, DC 
20420. Fax comments to (202) 273-9289; or e-mail comments to 
[email protected]. Comments will be available for public 
inspection at the above address in the Office of Regulation Policy and 
Management, Room 1063B, between the hours of 8 a.m. and 4:30 p.m., 
Monday through Friday (except holidays). Please call (202) 273-9515 for 
an appointment.

FOR FURTHER INFORMATION CONTACT: Mr. Dat Tran, Acting Director, Data 
Management and Analysis Service, Office of Policy (008A3), VA Central 
Office, 810 Vermont Avenue NW., Washington, DC 20420, (202) 273-6482.

SUPPLEMENTARY INFORMATION:

I. Description of the Proposed Systems of Records

    The Shipboard Hazard and Defense (SHAD) Integrated Database, 
located at VA Central Office (VACO), Washington, DC is a relational 
database. The database contains demographic, medical, and benefits 
information on veterans identified as Project 112 participants. Project 
112 was the Department of Defense's (DoD) comprehensive program of 
chemical and biological warfare vulnerability tests, which DoD 
conducted to determine how to protect U.S. military personnel against 
these health threats. Project SHAD tests were the shipboard tests. DoD 
conducted SHAD tests to evaluate the effectiveness of shipboard 
detection of chemical and biological agents, the effectiveness of 
protective measures, and risks to U.S. forces. Data for the integrated 
database was compiled from VA's Compensation and Pension Master Records 
(CPMR), Beneficiary Identification and Record Locator System (BIRLS), 
and Inpatient and Outpatient data systems by matching social security 
numbers to the records of the veterans. The purpose of the Shipboard 
Hazard and Defense Integrated Database is to combine information about 
veterans who have been identified by DoD as P-112 participants from 
multiple VA databases into one database. The comprehensive information 
will be used by the Veterans Health Administration (VHA) and the 
Veterans Benefits Administration (VBA) to assess the needs of these 
veterans, address their concerns about potential health risks, and 
monitor VA's outreach efforts.

II. Proposed Routine Use of Disclosures of Data 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. Records covered by this system, as deemed necessary and proper, 
may be disclosed 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. The 
purpose of these disclosures should be 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

[[Page 56380]]

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. The record(s), however, will not be used for any purpose other 
than that stated in the request and the organization, agency, or 
instrumentality must be made aware of the penalty provision of 38 
U.S.C. 5701(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, and in general for 
the physical maintenance of the Federal Government's records. VA must 
be able to turn records over to NARA for the proper disposition of such 
records.
    5. Disclosure of information, excluding names and address (unless 
furnished by the requestor) for research purposes determined to be 
necessary and proper, may be made to epidemiological and other research 
facilities approved by the Under Secretary for Health.
    VA participates in various research programs and activities and 
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 
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 of 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 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. 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), 
American Association of Blood Banks, and similar national accreditation 
agencies or boards with which VA has a contract or agreement to conduct 
such reviews. Disclosure may be made 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 for seeking accreditation 
and/or certification of health care facilities and program.
    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 VA is 
authorized to appear when:
    (a) VA, or any component thereof; or any employee of VA in his or 
her official capacity; where DOJ or VA has agreed to represent the 
employee or the U.S.; when VA determines that litigation is likely to 
affect VA or any of its components, is a party to litigation, and has 
an interest in such litigation, and the use of such records by DOJ or 
VA is deemed by VA 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 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, 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, either the recipient of the information will use the 
information in connection with a matter relating to one of VA's 
programs, or will use the information to provide a benefit to VA, or 
disclosure is required by law.
    We have sent the notice of intent to publish and an advance copy of 
the system notice to the appropriate Congressional committees and to 
the Director of 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: September 15, 2003.
Anthony J. Principi,
Secretary of Veterans Affairs.
128VA008A

SYSTEM NAME:
    Shipboard Hazard and Defense Integrated Database--VA.

SYSTEM LOCATION:
    The Shipboard Hazard and Defense Integrated Database is maintained 
at the U.S. Department of Veterans Affairs, Office of Policy, Planning, 
and Preparedness (008A3), 810 Vermont Avenue NW., Washington, DC 20420.

[[Page 56381]]

CATEGORIES OF INDIVIDUALS COVERED BY THE SYSTEM:
    Veterans who DoD has identified as participants in Project 112, a 
comprehensive program of chemical and biological warfare vulnerability 
tests conducted to determine how to protect U.S. servicemembers against 
these health threats.

CATEGORIES OF RECORDS IN THE SYSTEM:
    These records consist of: veteran's service number, social security 
number, name, address, date of birth, test dates, sex, race, marital 
status, combined degree of disability, VBA (Veterans Benefits 
Administration) diagnostic codes, disability rating, disability 
description, service-connection, outreach letter information, names of 
tests, substances potentially exposed to, means test indicator to 
determine a veterans eligibility for healthcare, indication for 
homelessness, purpose of visit, date of visit, and location of visit to 
VA, Veterans Integrated Service Network (VISN) number of the facility 
providing healthcare, name of facility visited, principal diagnosis, 
other diagnoses, medical procedures, indication of Agent Orange 
exposure and related information, exposure to nose/throat radium 
treatment administered by DoD, radiation exposure during military 
service indicator, major diagnostic category of the diagnostic related 
group, length of stay, self-reported exposure to ionizing radiation in 
Japan or through nuclear testing, Agent Orange related care provided 
during admission, patient exposed to environmental care, radiation 
treatment indicator, discharge date, and bedsection at discharge.

AUTHORITY FOR MAINTENANCE OF THE SYSTEM:
    Title 38 United States Code, section 501.

PURPOSE(S):
    The purpose of the Shipboard Hazard and Defense Integrated Database 
is to combine information about veterans who have been identified by 
DoD as P-112 participants from multiple VA databases into one database. 
The comprehensive information will be used to assess the needs of these 
veterans, to address their concerns of potential health risks, and to 
monitor VA's outreach efforts.

ROUTINE USES OF RECORDS MAINTAINED IN THE SYSTEM, INCLUDING CATEGORIES 
OF USERS AND THE PURPOSES OF SUCH USES:
    To the extent that records contained in the system include 
information protected by 38 U.S.C. 7332 (such as medical treatment 
information related to drug abuse, alcoholism or alcohol abuse, sickle 
cell anemia or infection with the human immunodeficiency virus), that 
information cannot be disclosed under a routine use unless there is 
also specific statutory authority permitting disclosure.
    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 the 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. 5701(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 are 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 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 Pathologist, 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 VA, or any 
component thereof; or any employee of VA in his or her official 
capacity; where DOJ or VA has agreed to represent the employee or the 
U.S.; when VA determines that litigation is likely to affect it or any 
of its components, is a party to litigation, and has an interest in 
such litigation, and the use of such records by DOJ or VA is deemed by 
VA to be relevant and necessary to the litigation provided, however, 
that the disclosure is compatible with the purpose for which the 
records were collected.

[[Page 56382]]

POLICIES AND PRACTICES FOR STORING, RETRIEVING, ACCESSING, RETAINING, 
AND DISPOSING OF RECORDS IN THE SYSTEM:
STORAGE:
    This information is stored on a secure computer system at U.S. 
Department of Veterans Affairs, 810 Vermont Avenue, NW., Washington, 
DC, 20420.

RETRIEVABILITY:
    Records are retrieved by social security number and name.

SAFEGUARDS:
    SHAD is stored on a secure computer network with restricted access 
at the U.S. Department of Veterans Affairs, 810 Vermont Avenue, NW., 
Washington, DC. There is minimum risk of unauthorized disclosure. 
Access to automated records in this system of records is limited to, 
and under the physical control of VA employees who have a unique 
identification/password and a need to know of the information contained 
in the system of records in order to perform their duties. Security 
personnel control access to the building seven days per week.

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
    Acting Director, Data Management & Analysis Service, Office of 
Policy, Planning and Preparedness (008A3), U.S. Department of Veterans 
Affairs, 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 personal 
identifier, or wants to determine the contents of such record, should 
submit a written request to the Acting Director, Data Management and 
Analysis Service, Office of Policy, Planning and Preparedness (008A3), 
U.S. Department of Veterans Affairs, 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 to the Acting Director, Data Management & Analysis 
Service, Office of Policy, Planning, and Preparedness (008A3), U.S. 
Department of Veterans Affairs, 810 Vermont Avenue, NW., Washington, DC 
20420.

CONTESTING RECORDS PROCEDURE
    Refer to previous item, ``Record Access Procedures.''

RECORD SOURCE CATEGORIES
    Information is obtained from VA patient medical records, various 
automated record systems providing clinical and managerial support to 
VA health care facilities, records from VA's Veterans Benefits 
Administration, Department of Defense, and other Federal agencies.

[FR Doc. 03-24624 Filed 9-29-03; 8:45 am]
BILLING CODE 8320-01-P