[Federal Register Volume 73, Number 236 (Monday, December 8, 2008)]
[Notices]
[Pages 74574-74575]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E8-29016]


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DEPARTMENT OF VETERANS AFFAIRS


Privacy Act of 1974; System of Records

AGENCY: Department of Veterans Affairs (VA).

ACTION: Notice of Amendment to Systems of Records.

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SUMMARY: As required by the Privacy Act of 1974, 5 U.S.C. 552a(e), 
notice is hereby given that the Department of Veterans Affairs (VA) is 
amending two existing systems of records 04VA115, ``Blood Donor 
Information--VA'' and 69VA131, ``Ionizing Radiation Registry--VA'' to: 
Add a routine use relating to the release of information from VA to the 
Department of Justice (DoJ); add a routine use relating to releasing 
information to agencies in the event of fraud or abuse; and add a 
routine use relating to disclosing information when there is a risk of 
embarrassment or harm to the reputations of the record subjects.

DATES: Comments on the amendment of this system of records must be 
received no later than January 7, 2009. If no public comment is 
received, the amended system will become effective January 7, 2009.

ADDRESSES: Written comments may be submitted through http://www.Regulation.gov; by mail or hand-delivery to Director, Regulations 
Management (02REG), Department of Veterans Affairs, 810 Vermont Avenue, 
NW., Room 1068, Washington, DC 20420; or by fax to (202) 273-9026. 
Comments received will be available for public inspection 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) 461-4902 (this is not a toll-free number) for an 
appointment. In addition, during the comment period, comments may be 
viewed online through the Federal Docket Management System (FDMS) at 
http://www.Regulations.gov.

FOR FURTHER INFORMATION CONTACT: Veterans Health Administration (VHA) 
Privacy Officer, Department of Veterans Affairs, 810 Vermont Avenue, 
NW., Washington, DC 20420; telephone (704) 245-2492.

SUPPLEMENTARY INFORMATION: VA provides health care services to many of 
America's veterans through the Veterans Health Administration. During 
the course of providing health care, VHA collects medical and health 
information on veterans. In order to protect veteran's medical or 
health information, VHA is adding three routine uses to two existing 
systems of records (04VA115 and 69VA131).
    Additional Routine Uses:
    The routine use added to 04VA115 and 69VA131 would permit VA to 
disclose information from these system of records to the Department of 
Justice (DoJ), either on VA's initiative or in response to DoJ's 
request for the information, after either VA or DoJ determines that 
such information is relevant to DoJ's representation of the United 
States or any of its components in legal proceedings before a court or 
adjudicative body, provided that, in each case, the agency also 
determines prior to disclosure that release of the records to the DoJ 
is a use of the information contained in the records that is compatible 
with the purpose for which VA collected the records. VA, on its own 
initiative, may also disclose records in this system of records in 
legal proceedings before a court or administrative body after 
determining that the disclosure of the records to the court or 
administrative body is a use of the information contained in the 
records that is compatible with the purpose for which VA collected the 
records.
    According to VA leadership, this mandatory new routine use is added 
to comply to new Federal policy and guidelines.
    The second routine use allows VA to disclosure to other Federal 
agencies may be made to assist such agencies in preventing and 
detecting possible fraud or abuse by individuals in their operations 
and programs.
    The routine use added to these two systems of records would permit 
VA to disclose information in its files in the event of fraud or abuse.
    The third routine use allows VA, on its own initiative, to disclose 
any information or records to appropriate agencies, entities, and 
persons when (1) VA suspects or has confirmed that the integrity or 
confidentiality of information in the system of records has been 
compromised; (2) the Department has determined that as a result of the 
suspected or confirmed compromise, there is a risk of embarrassment or 
harm to the reputations of the record subjects, harm to economic or 
property interests, identity theft or fraud, or harm to the security, 
confidentiality, or integrity of this system or other systems or 
programs (whether maintained by the Department or another agency) or 
disclosure is to agencies, entities, or persons whom VA determines are 
reasonably necessary to assist or carry out the Department's efforts to 
respond to the suspected or confirmed compromise and prevent, minimize, 
or remedy such harm. This routine use permits disclosures by the 
Department to respond to a suspected or confirmed data breach, 
including the conduct of any risk analysis or provision of credit 
protection services as provided in 38 U.S.C. 5724, as the terms are 
defined in 38 U.S.C. 5727.
    According to VA leadership this mandatory new routine use is added 
to comply to new Federal policy and guidelines.
    The Report of Intent to Amend a System of Records Notice 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: November 14, 2008.
Gordon H. Mansfield,
Deputy Secretary of Veterans Affairs.

Notice of Amendment of Systems of Records

    1. In the system identified as 04VA115, ``Blood Donor Information--
VA,'' as set forth in the Federal Register, 40 FR 38095, and last 
amended in the Federal Register, 66 FR 20860 (Apr. 25, 2001). Three new 
routine uses are added as follows:
04VA115

SYSTEM NAME:
    Blood Donor Information--VA.
* * * * *

ROUTINE USES OF RECORDS MAINTAINED IN THE SYSTEM, INCLUDING CATEGORIES 
OF USERS AND THE PURPOSES OF SUCH USES:
* * * * *
    8. VA may disclose information from this system of records to the 
Department of Justice (DoJ), either on VA's initiative or in response 
to DoJ's request for the information, after either VA or DoJ determines 
that such information is relevant to DoJ's representation of the United 
States or any of its components in legal proceedings before a court or 
adjudicative body, provided that, in each case, the agency also 
determines

[[Page 74575]]

prior to disclosure that release of the records to the DoJ is a use of 
the information contained in the records that is compatible with the 
purpose for which VA collected the records. VA, on its own initiative, 
may disclose records in this system of records in legal proceedings 
before a court or administrative body after determining that the 
disclosure of the records to the court or administrative body is a use 
of the information contained in the records that is compatible with the 
purpose for which VA collected the records.
    9. Disclosure to other Federal agencies may be made to assist such 
agencies in preventing and detecting possible fraud or abuse by 
individuals in their operations and programs.
    10. VA may, on its own initiative, disclose any information or 
records to appropriate agencies, entities, and persons when (1) VA 
suspects or has confirmed that the integrity or confidentiality of 
information in the system of records has been compromised; (2) the 
Department has determined that as a result of the suspected or 
confirmed compromise, there is a risk of embarrassment or harm to the 
reputations of the record subjects, harm to economic or property 
interests, identity theft or fraud, or harm to the security, 
confidentiality, or integrity of this system or other systems or 
programs (whether maintained by the Department or another agency or 
disclosure is to agencies, entities, or persons whom VA determines are 
reasonably necessary to assist or carry out the Department's efforts to 
respond to the suspected or confirmed compromise and prevent, minimize, 
or remedy such harm. This routine use permits disclosures by the 
Department to respond to a suspected or confirmed data breach, 
including the conduct of any risk analysis or provision of credit 
protection services as provided in 38 U.S.C. 5724, as the terms are 
defined in 38 U.S.C. 5727.
    2. In the system identified as 69VA131, ``Ionizing Radiation 
Registry--VA,'' as set forth in the Federal Register 56 FR 26186 dated 
June 6, 1991, and last amended in the Federal Register 66 FR 30271-
30273 dated June 5, 2001. Three new routine uses are added as follows:
 69VA131

SYSTEM NAME:
    Ionizing Radiation Registry--VA.
* * * * *

ROUTINE USES OF RECORDS MAINTAINED IN THE SYSTEM, INCLUDING CATEGORIES 
OF USERS AND THE PURPOSES OF SUCH USES:
* * * * *
    11. VA may disclose information from this system of records to the 
Department of Justice (DoJ), either on VA's initiative or in response 
to DoJ's request for the information, after either VA or DoJ determines 
that such information is relevant to DoJ's representation of the United 
States or any of its components in legal proceedings before a court or 
adjudicative body, provided that, in each case, the agency also 
determines prior to disclosure that release of the records to the DoJ 
is a use of the information contained in the records that is compatible 
with the purpose for which VA collected the records. VA, on its own 
initiative, may disclose records in this system of records in legal 
proceedings before a court or administrative body after determining 
that the disclosure of the records to the court or administrative body 
is a use of the information contained in the records that is compatible 
with the purpose for which VA collected the records.
    12. Disclosure to other Federal agencies may be made to assist such 
agencies in preventing and detecting possible fraud or abuse by 
individuals in their operations and programs.
    13. VA may, on its own initiative, disclose any information or 
records to appropriate agencies, entities, and persons when (1) VA 
suspects or has confirmed that the integrity or confidentiality of 
information in the system of records has been compromised; (2) the 
Department has determined that as a result of the suspected or 
confirmed compromise, there is a risk of embarrassment or harm to the 
reputations of the record subjects, harm to economic or property 
interests, identity theft or fraud, or harm to the security, 
confidentiality, or integrity of this system or other systems or 
programs (whether maintained by the Department or another agency or 
disclosure is to agencies, entities, or persons whom VA determines are 
reasonably necessary to assist or carry out the Department's efforts to 
respond to the suspected or confirmed compromise and prevent, minimize, 
or remedy such harm. This routine use permits disclosures by the 
Department to respond to a suspected or confirmed data breach, 
including the conduct of any risk analysis or provision of credit 
protection services as provided in 38 U.S.C. 5724, as the terms are 
defined in 38 U.S.C. 5727.

[FR Doc. E8-29016 Filed 12-5-08; 8:45 am]
BILLING CODE 8320-01-P