[Federal Register Volume 74, Number 130 (Thursday, July 9, 2009)]
[Notices]
[Pages 33024-33027]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E9-16228]


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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 System 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 the system of records entitled ``Community Placement Program--
VA'' (65VA122) as set forth in the Federal Register 56 FR 26186 and 
last amended in the Federal Register on June 6, 1991. VA is amending 
the system of records by revising the Routine Uses of Records 
Maintained in the System Including Categories of Users and the Purpose 
of Such Uses. VA is republishing the system notice in its entirety.

DATES: Comments on the amendment of this system of records must be 
received no later than August 10, 2009. If no public comment is 
received, the amended system will become effective August 10, 2009.

ADDRESSES: Written comments may be submitted through http://www.Regulations.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.

[[Page 33025]]


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: Routine use 10 was added for the VA to 
disclose information from this system of records to the National 
Archives and Records Administration and the General Services 
Administration in records management inspections conducted under 
authority of title 44, U.S.C.
    Routine use 11 was added for the VA to 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.
    Routine Use 12 was added to disclose relevant information that may 
be made to individuals, organizations, private or public agencies, or 
other entities with whom VA has a contract or agreement or where there 
is a subcontract to perform such service 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.
    Routine use 13 was added to disclose information to other Federal 
agencies that may be made to assist such agencies in preventing and 
detecting possible fraud or abuse by individuals in their operations 
and programs.
    Routine use 14 was added so that the 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 
entity) that rely upon the potentially compromised information; and (3) 
the 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.
    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: June 22, 2009.
John R. Gingrich,
Chief of Staff, Department of Veterans Affairs.
65VA122

SYSTEM NAME:
    Community Placement Program--VA.

SYSTEM LOCATION:
    Records are maintained at each VA health care facility; the VA Data 
Processing Center (DPC), 1615 East Woodward Street, Austin, Texas 
78772; and at VA Central Office, 810 Vermont Avenue, NW., Washington, 
DC 20420. Addresses for the VA health care system are listed in VA 
Appendix I at the end of this document.

CATEGORIES OF INDIVIDUALS COVERED BY THE SYSTEM:
    Individuals who operate a Community Placement facility approved for 
placement of VA beneficiaries; VA beneficiaries in Community Placement 
facilities.

Categories of records in the system:
    The record, or information contained in the record, may include 
personal identification information with data on the Community 
Placement facility, name of operator, address, phone number, name of 
veterans receiving care in these homes, a statement as to whether the 
veterans' medical conditions have been rated as service-connected or 
nonservice-connected, the veterans' social security number and the 
names, addresses and phone numbers of the veterans' next-of-kin; 
overall data regarding diagnoses of veterans in the facility, date the 
facility was last approved for participation, statement regarding 
whether or not the home is required to be licensed by the State and/or 
local government, copies of correspondence exchange between the VA and 
the persons interested in applying for participation in the Community 
Placement Program.

Authority for maintenance of the system:
    Title 38, U.S.C. 210(c), 610 and 4101.

PURPOSE:
    Records is to provide administrative documentation of State and/or 
local active licensed Department of Veterans Affairs (VA) Community 
Placement Program agencies.

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 45 CFR parts 160 and 164, i.e., individually 
identifiable health information, and 38 U.S.C. 7332, i.e., 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 in 38 U.S.C. 7332 and 
regulatory authority in 45 CFR parts 160 and 164 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 request of that individual.
    2. Any information in this system may be disclosed to a Federal 
agency, upon its official request, to the extent that it is relevant 
and necessary to that agency's decision regarding the hiring, retention 
or transfer of an employee, the issuance of a security clearance, the 
letting of a contract, or the issuance or continuance of a license, 
grant or other benefit given by that agency. However, in accordance 
with an agreement with the U.S. Postal Service, disclosures to the U.S. 
Postal Service for decisions concerning the employment of veterans, 
will only be made with the veteran's prior written consent.

[[Page 33026]]

    3. Any information in this system may be disclosed to a State or 
local agency, upon its official request, to the extent that it is 
relevant and necessary to that agency's decision on the hiring, 
transfer or retention of an employee, the issuance of a security 
clearance, the letting of a contract, or the issuance or continuance of 
a license, grant or other benefit by that agency; provided that, if the 
information requested pertains to a veteran, the name and/or address of 
the veteran will not be disclosed unless the name and/or address is 
provided first by the requesting State or local agency.
    4. Any information in this system may be disclosed to a Federal, 
State or local governmental agency maintaining civil or criminal 
violation records, or other pertinent information such as prior 
employment history, prior Federal employment background investigations, 
and personal or educational background at the request of the veteran in 
order for the VA to obtain information relevant to the hiring, transfer 
or retention of an employee, the letting of a contract, the granting of 
a security clearance, or the issuance of a grant or other benefit.
    5. VA may disclose on its own initiative any information in the 
system, except the names and home addresses of veterans and their 
dependents, that is relevant to a suspected or reasonably imminent 
violation of the law whether civil, criminal, or regulatory in nature 
and whether arising by general or program statute or by regulation, 
rule, or order issued pursuant thereto, to a Federal, State, local, 
Tribal, or foreign agency charged with the responsibility of 
investigating or prosecuting such violation, or charged with enforcing 
or implementing the statute, regulation, rule, or order. VA may also 
disclose on its own initiative the names and addresses of veterans and 
their dependents to a Federal agency charged with the responsibility of 
investigating or prosecuting civil, criminal, or regulatory violations 
of law, or charged with enforcing or implementing the statute, 
regulation, or order issued pursuant thereto.
    6. The name and address of a veteran, which is relevant to a 
suspected violation or reasonably imminent violation of law, whether 
civil, criminal or regulatory in nature and whether arising by general 
or program statute or by regulation, rule or order issued pursuant 
thereto, may be disclosed to a Federal agency charged with the 
responsibility of investigating or prosecuting such violation, or 
charged with enforcing or implementing the statute, regulation, rule or 
order issued pursuant thereto, in response to its official request.
    7. The name and address of a veteran, which is relevant to a 
suspected violation or reasonably imminent violation of law concerning 
public health or safety, whether civil, criminal or regulatory in 
nature and whether arising by general or program statute or by 
regulation, rule or order issued pursuant thereto, may be disclosed to 
any foreign, State or local 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 and address 
be provided or a purpose authorized by law.
    8. Any information in this system including the name and address of 
a veteran may be disclosed to any nonprofit organization if the release 
is directly connected with the conduct of programs and the utilization 
of benefits under Title 38 U.S.C. (such disclosures include 
computerized lists of names and addresses.)
    9. Any information in this system may be disclosed to a Federal 
agency, except for the name and address of a veteran, in order for the 
VA to obtain information relevant to the issuance of a benefit under 
Title 38 U.S.C. The name and address of a veteran may be disclosed to a 
Federal agency under this routine use if they are required by the 
Federal agency to respond to the VA inquiry.
    10. Disclosure may be made to the National Archives and Records 
Administration (and the General Services Administration in records 
management inspections conducted under authority of Title 44 U.S.C.
    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 of relevant information may be made to individuals, 
organizations, private or public agencies, or other entities with whom 
VA has a contract or agreement or where there is a subcontract 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.
    13. 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.
    14. 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 
entity) that rely upon the potentially compromised information; and (3) 
the 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.

Policies and practices for storing, retrieving, accessing, retaining, 
and disposing of records in the system:
Storage:
    Records are maintained on magnetic tapes which are stored at the 
Austin DPC, and paper documents (printouts) are maintained at VA 
Central Office and the health care facilities.

Retrievability:
    Information can be retrieved by the use of veteran's name, social 
security number and by facility operator's name and location.

[[Page 33027]]

Safeguards:
    Access to the basic file in the Austin DPC is restricted to 
authorized VA employees and vendors. Access to the computer room where 
the basic file is maintained within the DPC is further restricted to 
authorized VA employees and vendor personnel on a ``need to know'' 
basis and is protected from unauthorized access by an alarm system, the 
Federal Protective Service and VA security personnel. Access to paper 
documents at Central Office and VA health care facilities is restricted 
to authorized VA employees.

Retention and disposal:
    Working magnetic tapes at the DPC are disposed of as soon as the 
purpose for which they were established has been served. Paper 
documents are to be retained and disposed of in accordance with 
authorization approved by the Archivist of the United States.

System manager(S) and address:
    Director, Social Work Service (141A10), VA Central Office, 
Washington, DC 20420.

NOTIFICATION PROCEDURE:
    Any individual who wishes to determine whether a record is being 
maintained in this system under his/her or other personal identifier, 
or wants to determine the contents of such record should submit a 
written request or apply in person to the Chief, Social Work Service 
(122) at the appropriate VA health care facility. Addresses for these 
offices may be found in VA Appendix I at the end of this document. 
Inquiries should include the individual's full name and identification 
number (social security number).

Record access procedure:
    Individuals seeking information regarding access to and contesting 
of VA records in this system may write, call or visit the nearest 
appropriate health care facility.

Contesting record procedures:
    (See Record Access Procedures above.)

Record source categories:
    Information contained in the records is obtained from individuals 
requesting participation in the Community Placement Program; the 
patient, family members or accredited representative, and friends, 
employers or other third parties when otherwise unobtainable from the 
patient or his family; various automated clinical and managerial 
systems providing support at selected VA health care facilities; and 
the patient Consolidated Medical Records sections of the VA Medical 
Records System.

[FR Doc. E9-16228 Filed 7-8-09; 8:45 am]
BILLING CODE 8320-01-P