[Federal Register Volume 74, Number 200 (Monday, October 19, 2009)]
[Notices]
[Pages 53585-53588]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E9-25039]


=======================================================================
-----------------------------------------------------------------------

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.

-----------------------------------------------------------------------

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 four existing systems of records 07VA138, ``Department of 
Medicine and Surgery Engineering Employee Management Information 
Records-VA''; 20VA138, ``Motor Vehicle Operator Accident Records-VA''; 
28VA119, ``Personnel Registration Under Controlled Substance Act-VA and 
33VA113, ``National Prosthetics Patient Database-VA'' to: Add a routine 
use related to the release of information from VA to the Department of 
Justice (DoJ); add a routine use related to releasing information to 
entities with whom VA has a contract or subcontract; add a routine use 
related to releasing information to agencies in the event of fraud or 
abuse; add a routine use related to disclosing information when there 
is a risk of embarrassment or harm to the reputations of the record 
subjects; add a routine use when a violation of law is suspected; and 
add a routine use related to releasing information for litigation. In 
20VA138 existing routine use number three will be replaced with a new 
routine use which discloses information related to suspected or 
reasonably imminent violation of the law. In addition, routine uses 
four through seven will be renumbered as three through six.

DATES: Comments on the amendment of this system of records must be 
received no later than November 18, 2009. If no public comment is 
received, the amended system will become effective November 18, 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.Regulation.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 six routine uses to four existing 
systems of records (07VA138, 20VA138, 28VA119 and 33VA113).

Additional Routine Uses

    The first routine use added to 07VA138, 20VA138, 28VA119 and 
33VA113 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 added to 07VA138, 20VA138, 28VA119 and 
33VA113 allows VA to disclosure relevant information 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.
    According to VA leadership this mandatory new routine use is added 
to comply to new Federal policy and guidelines.
    The third routine use added to 07VA138, 20VA138, 28VA119 and 
33VA113 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 four systems of records would permit 
VA to disclose information in its files in the event of fraud or abuse.
    The fourth routine use added to 07VA138, 20VA138, 28VA119 and 
33VA113 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

[[Page 53586]]

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 fifth routine use added to 07VA138, 20VA138, and 28VA119 allows 
VA to 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.
    According to VA leadership this mandatory new routine use is added 
to comply to new Federal policy and guidelines.
    The sixth routine use added to 07VA138, 20VA138, 28VA119 and 
33VA113 allows VA to disclose information to another federal agency, 
court, or party in litigation before a court or other administrative 
proceedings conduced by an agency, if VA is a party to the proceeding 
and needs to disclose the information to protect its interests.
    The routine use added to these four system of records would allow 
VA to disclose information in discovery during litigation.
    The Report of Intent to Amend a System on 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: September 25, 2009.
John R. Gingrich,
Chief of Staff, Department of Veterans Affairs.
Notice of Amendment of Systems of Records
    1. In the system identified as 07VA138, ``Department of Medicine 
and Surgery Engineering Employee Management Information Records-VA'', 
as set forth in the Privacy Act Issuances, 1980 Compilation, Volume V 
and last amended in the 21 Appendix B-6 (Oct. 17, 1984). Six new 
routine uses are added as follows:
07VA138

SYSTEM NAME:
    Department of Medicine and Surgery Engineering Employee Management 
Information Records-VA.
* * * * *

ROUTINE USES OF RECORDS MAINTAINED IN THE SYSTEM, INCLUDING CATEGORIES 
OF USERS AND THE PURPOSES OF SUCH USES:
* * * * *
    7. 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.
    8. 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.
    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.
    11. 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.
    12. VA may, on its own initiative, disclose information to another 
federal agency, court, or party in litigation before a court or other 
administrative proceedings conduced by an agency, if VA is a party to 
the proceeding and needs to disclose the information to protect its 
interests.
    2. In the system identified as 20VA138, ``Motor Vehicle Operator 
Accident Records-VA'', as set forth in the Privacy Act Issuances, 1980

[[Page 53587]]

Compilation, Volume V and last amended in the 21 Appendix B-6 (Oct. 17, 
1984). Six new routine uses are added as follows:
20VA138

SYSTEM NAME:
    Motor Vehicle Operator Accident Records-VA.
* * * * *

ROUTINE USES OF RECORDS MAINTAINED IN THE SYSTEM, INCLUDING CATEGORIES 
OF USERS AND THE PURPOSES OF SUCH USES:
* * * * *
    7. 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.
    8. 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.
    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.
    11. 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.
    12. VA may, on its own initiative, disclose information to another 
federal agency, court, or party in litigation before a court or other 
administrative proceedings conduced by an agency, if VA is a party to 
the proceeding and needs to disclose the information to protect its 
interests.
    3. In the system identified as 28VA119, ``Personnel Registration 
Under Controlled Substance Act-VA'', as set forth in the Federal 
Register 58 FR 40852, and last amended in July 30, 1993. Six new 
routine uses are added as follows:
28VA119

SYSTEM NAME:
    Personnel Registration Under Controlled Substances Act-VA.
* * * * *

ROUTINE USES OF RECORDS MAINTAINED IN THE SYSTEM, INCLUDING CATEGORIES 
OF USERS AND THE PURPOSES OF SUCH USES:
* * * * *
    9. 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.
    10. 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.
    11. 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.
    12. 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

[[Page 53588]]

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.
    13. 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.
    14. VA may, on its own initiative, disclose information to another 
federal agency, court, or party in litigation before a court or other 
administrative proceedings conduced by an agency, if VA is a party to 
the proceeding and needs to disclose the information to protect its 
interests.
    4. In the system identified as 33VA113, ``National Prosthetics 
Patient Database-VA'', as set forth in the Federal Register 79 FR 3980, 
and last amended in Jan. 27, 2005. Five new routine uses are added as 
follows
33VA113

SYSTEM NAME:
    National Prosthetics Patient Database-VA.
* * * * *

ROUTINE USES OF RECORDS MAINTAINED IN THE SYSTEM, INCLUDING CATEGORIES 
OF USERS AND THE PURPOSES OF SUCH USES:
* * * * *
    6. 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.
    7. 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.
    8. 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.
    9. 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.
    10. VA may, on its own initiative, disclose information to another 
federal agency, court, or party in litigation before a court or other 
administrative proceedings conduced by an agency, if VA is a party to 
the proceeding and needs to disclose the information to protect its 
interests.

[FR Doc. E9-25039 Filed 10-16-09; 8:45 am]
BILLING CODE 8320-01-P