Privacy Act of 1974; System of Records, 76784-76787 [2010-30907]

Agencies

• DEPARTMENT OF VETERANS AFFAIRS

[Federal Register Volume 75, Number 236 (Thursday, December 9, 2010)]
[Notices]
[Pages 76784-76787]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2010-30907]


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DEPARTMENT OF VETERANS AFFAIRS


Privacy Act of 1974; System of Records

AGENCY: Department of Veterans Affairs (VA).

ACTION: Notice of Establishment of New System of Records.

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SUMMARY: The Privacy Act of 1974, (5 U.S.C. 552a(e)(4)), requires that 
all agencies publish in the Federal Register a notice of the existence 
and character of their systems of records. Notice is hereby given that 
the Department of Veterans Affairs (VA) is establishing a new 
electronic system of records entitled ``Veterans Tracking Application 
(VTA)-VA'' (163VA005Q3).

DATES: Comments on this new system of records must be received no later 
than January 10, 2011. If no public comment is received, the new system 
will become effective January 10, 2011.

ADDRESSES: Written comments may be submitted through https://www.Regulations.gov; by mail or hand-delivery to Director, Regulations 
Management (02REG), Department of Veterans Affairs, 810 Vermont Avenue, 
NW., Room 1063B, 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 for an appointment. In addition, during the comment 
period, comments may be viewed online through the Federal Docket 
Management System (FDMS) at https://www.Regulations.gov.

FOR FURTHER INFORMATION CONTACT: Louise Rodebush, VTA Program Manager 
(005Q), Department of Veterans Affairs, 810 Vermont Avenue, NW., 
Washington, DC 20420; telephone (216) 849-0193.

SUPPLEMENTARY INFORMATION: 

I. Description of Proposed System of Records

    The Veterans Tracking Application (VTA) and associated database 
supports both the Veterans Health Administration (VHA) and the Veterans 
Benefits Administration (VBA) branches of the Department of Veterans 
Affairs (VA). VTA provides the VA tracking information on members of 
the armed forces who will be transferred from a Department of Defense 
(DoD) Military Treatment Facility (MTF) to a VA health facility in the 
future or who already have Veteran status. The VTA provides tracking of 
the Servicemember's arrival at the initial VA health facility and 
provides date and location information for subsequent transfers to 
other health facilities. In addition, VTA obtains data about patient 
history from the imported DoD Theater Medical Data Store (TMDS). In 
addition to the Veteran patient population, VTA records benefit 
tracking information for all severely injured Veterans requesting 
benefits. This history includes all benefit award details to include 
application dates, award decisions, dates and amounts. VTA also tracks 
Servicemembers and Veterans disability claims through the Disability 
Eligibility System (DES) pilot module. The purpose of VTA is to track 
the initial arrival of a Servicemember into the VA health system and 
their subsequent movement among VA health facilities, as well as 
monitor benefits application and administration details.

II. Proposed Routine Use Disclosures of Data in the System

    1. The record of an individual included in this system may be 
provided to DoD systems or offices for use in connection with matters 
relating to one of DoD's programs to enable delivery of healthcare or 
other DoD benefits to eligible beneficiaries.
    2. The name, address, VA file number, effective date of 
compensation or pension, current and historical benefit pay amounts for 
compensation or pension, service information, date of birth, competency 
payment status, incarceration status, and social security number of 
veterans and their dependants may be disclosed to the approved VA and 
DoD office/systems to reconcile the disability claims, benefits awards, 
and patient data.
    3. The name(s) and address(es) of a Veteran may be disclosed to 
another Federal agency or to a contractor of that agency, at the 
written request of the head of that agency or designee of the head of 
that agency for the purpose of conducting government research necessary 
to accomplish a statutory purpose of that agency.
    4. VA may disclose on its own initiative any information in this 
system, except the names and addresses of Veterans and their dependents 
that is relevant to a suspected 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, 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

[[Page 76785]]

with enforcing or implementing the statute, regulation, rule, or order 
issued pursuant thereto.
    5. VA may disclose information in the 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 proceeding before a court or 
adjudicative body provided that, in each case, the agency also 
determines prior to disclosure that release of records to the DOJ is a 
use of 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.
    6. VA may disclose information to assist a person or entity 
responsible for the licensing, supervision, or professional discipline 
of the person or organization. Names and home addresses of veterans and 
their dependents will be released on VA's initiative under this routine 
use only to Federal entities when VA believes that the names and 
addresses are required by the Federal department or agency.
    7. Disclosure of relevant information may be made to individuals, 
organizations, private or public agencies, or other entities or 
individuals with whom VA has a contract or agreement to perform such 
services as VA may deem practicable for the purposes of laws 
administered by VA, in order for the contractor, subcontractor or 
entity or individual with whom VA has an agreement or contract to 
perform the services of the contract or agreement.
    8. VA may on its own initiative disclose information or records to 
appropriate agencies, entities, and persons when; (1) VA suspects or 
confirmed that the integrity or confidentiality of information in the 
system of records has been compromised; (2) VA 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 records subjects, harm 
to economic or property interest, identity theft or fraud, or harm to 
the security, confidentiality or integrity of this system or other 
systems or programs (whether maintained by VA or another agency or 
entity) that rely upon the potentially compromised information and; (3) 
the disclosure is made to such agencies, entities, and persons whom VA 
determines are reasonably necessary to assist in or carry out VA's 
efforts to respond to the suspected or confirmed compromise and 
prevent, minimize, or remedy such harm. This routine use permits 
disclosures by VA to respond to a suspected or confirmed data breach, 
including the conduct of any risk analysis or provision or credit 
protection services as provided in 38 U.S.C. 5724, as the terms are 
defined in 38 U.S.C. 5727.
    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. The record of an individual who is covered by a system of 
records may be disclosed to a Member of Congress, or a staff person 
acting for the Member, when the Member or staff person requests the 
record on behalf of and at the written request of the individual.
    11. Disclosure may be made to the National Archives and Records 
Administration (NARA) or the General Services Administration (GSA) in 
records management inspections conducted under authority of Chapter 29 
of Title 44 United States Code.
    12. Any information in this system of records may be disclosed, in 
the course of presenting evidence in or to a court, magistrate, 
administrative tribunal, or grand jury, including disclosures to 
opposing counsel in the course of such proceedings or in settlement 
negotiations.

III. Compatibility of the Proposed Routine Uses

    The notice of intent to publish an advance copy of the system 
notice has 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. Section 552a(r) (Privacy Act) and guidelines issued by OMB 
(65 FR 77677), December 12, 2000.

    Approved: November 16, 2010.
John R. Gingrich,
Chief of Staff, Department of Veterans Affairs.

SYSTEM NAME:
    ``Veterans Tracking Application (VTA)-VA'' (163VA005Q3)

SYSTEM LOCATION:
    The VTA system containing its associated records is maintained at 
the Austin Information Technology Center (AITC) at 1615 East Woodward 
Street, Austin, Texas 78772. A second VTA database with an identical 
set of records is being established as a disaster recovery site at the 
Hines Information Technology Center (Hines ITC) at Hines, Illinois. All 
records are maintained electronically.

CATEGORIES OF INDIVIDUALS COVERED BY THE SYSTEM:
    The category of the individuals covered by the VTA database 
encompasses Veterans and Servicemembers. This would include current and 
separated Servicemembers and their dependents as well as Veterans whose 
VA military service benefits have been sought by survivors (e.g., 
burial benefits).

CATEGORIES OF RECORDS IN THE SYSTEM:
    The record, or information contained in the record, may include 
identifying information (e.g., name, contact information, social 
security number), association to dependents, cross reference to other 
names used, military service participation and status information 
(branch of service, rank, enter on duty date, release from active duty 
date, military occupations, type of duty), reason and nature of active 
duty separation (completion of commitment, disability, hardship, etc.), 
combat/environmental exposures (combat pay, combat awards, theater 
location), combat deployments (period of deployment, location/country), 
Guard/Reserve activations (type of activation), military casualty/
disabilities (line of duty death, physical examination board status, 
serious/very serious injury status, recovery plans, Department of 
Defense (DoD) rated disabilities, benefit participation, eligibility 
and usage, and VA compensation (rating, award amount).

AUTHORITY FOR MAINTENANCE OF THE SYSTEM:
    The authority for maintaining this system is Title 38 U.S.C. 
Section 5106.

PURPOSE:
    The Veterans Tracking Application (VTA) and associated database 
supports both the Veterans Health Administration (VHA) and the Veterans 
Benefits Administration (VBA) branches of the Department of Veterans 
Affairs (VA). VTA provides VA tracking information on members of the 
armed forces who will be transferred from a Department of Defense (DoD) 
Military Treatment Facility (MTF) to a VA health facility in the future 
or who already have Veteran status. The VTA provides tracking of the 
Servicemember's arrival at the initial VA health facility and provides 
date and location information for subsequent transfers to other health

[[Page 76786]]

facilities. In addition, VTA obtains patient history data from the 
imported DoD Theater Medical Data Store (TMDS). In addition to the 
Veteran patient population, VTA records benefit tracking information 
for all severely injured Veterans requesting benefits. This history 
includes all benefit award details to include application dates, award 
decisions, dates and amounts. VTA also tracks Servicemembers and 
Veterans disability claims through the Disability Eligibility System 
(DES) pilot module. The purpose of the VTA is to track the initial 
arrival of a Servicemember into the VA health system and their 
subsequent movement among VA health facilities, as well as monitor 
benefits application and administration details.

ROUTINE USES OF RECORDS MAINTAINED IN THE SYSTEM, INCLUDING CATEGORIES 
OF USERS AND THE PURPOSES OF SUCH USES:
    1. The record of an individual included in this system may be 
provided to DoD systems or offices for use in connection with matters 
relating to one of DoD's programs to enable delivery of healthcare or 
other DoD benefits to eligible beneficiaries, or for the purpose of 
tracking Active Duty Servicemembers.
    2. The name, address, VA file number, effective date of 
compensation or pension, current and historical benefit pay amounts for 
compensation or pension, service information, date of birth, competency 
payment status, incarceration status, and social security number of 
Veterans and their dependants and survivors may be disclosed to the 
approved VA and DoD office/systems to reconcile the disability claims, 
benefits awards, and coordinating services.
    3. The name(s) and address(es) of a Veteran may be disclosed to 
another Federal agency or to a contractor of that agency, at the 
written request of the head of that agency or designee of the head of 
that agency for the purpose of conducting government research necessary 
to accomplish a statutory purpose of that agency.
    4. VA may disclose on its own initiative any information in this 
system, except the names and addresses of Veterans and their 
dependents, that is relevant to a suspected 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, 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, rule, 
or order issued pursuant thereto.
    5. VA may disclose information in the system of records to the 
Department of Justice (DOJ), either 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 proceeding before a court or 
adjudicative body, provided that, in each case, the agency also 
determines prior to disclosure that release of records to the DOJ is a 
use of 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.
    6. VA may disclose information to assist a person or entity 
responsible for the licensing, supervision, or professional discipline 
of the person or organization. Names and home addresses of Veterans and 
their dependents will be released on VA's initiative under this routine 
use only to Federal entities when VA believes that the names and 
addresses are required by the Federal department or agency.
    7. Disclosure of relevant information may be made to individuals, 
organizations, private or public agencies, or other entities or 
individuals with whom VA has a contract or agreement to perform such 
services as VA may deem practicable for the purposes of laws 
administered by VA, in order for the contractor, subcontractor or 
entity or individual with whom VA has an agreement or contract to 
perform the services of the contract or agreement.
    8. VA may on its own initiative disclose information or records to 
appropriate agencies, entities, and persons when (1) VA suspects or 
confirms that the integrity or confidentiality of information in the 
system of records has been compromised; (2) VA 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 records' subjects, harm 
to economic or property interest, identity theft or fraud, or harm to 
the security, confidentiality or integrity of this system or other 
systems or programs (whether maintained by VA or another agency or 
entity) that rely upon the potentially compromised information and; (3) 
the disclosure is made to such agencies, entities, and persons whom VA 
determines are reasonably necessary to assist in or carry out VA's 
efforts to respond to the suspected or confirmed compromise and 
prevent, minimize, or remedy such harm; (4) VA may provide access to 
the documents in this SOR when a written request is approved and 
authorized; (5) VA may consider individuals contesting the use of 
content share with other agencies when submitted in writing. This 
routine use permits disclosures by VA 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. 
Section 5724, as the terms are defined in 38 U.S.C. Section 5727.
    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. The record of an individual who is covered by a system of 
records may be disclosed to a Member of Congress, or a staff person 
acting for the Member, when the Member or staff person requests the 
record on behalf of and at the written request of the individual.
    11. Disclosure may be made to the National Archives and Records 
Administration (NARA) or the General Services Administration (GSA) in 
records management inspections conducted under authority of Chapter 29 
of Title 44 United States Code.
    12. Any information in this system of records may be disclosed, in 
the course of presenting evidence in or to a court, magistrate, 
administrative tribunal, or grand jury, including disclosures to 
opposing counsel in the course of such proceedings or in settlement 
negotiations.

POLICIES AND PRACTICES FOR STORING, RETRIEVING, ACCESSING, RETAINING, 
AND DISPOSING OF RECORDS IN THE SYSTEM STORAGE:
STORAGE:
    Records are transmitted between approved VA and DoD office/systems 
and VTA over secure telecommunications (i.e.) SFTP, secure Web 
services) using approved

[[Page 76787]]

encryption technologies. Records (or information contained in records) 
are maintained in electronic format in the VTA database. Information 
from VTA is disseminated in three ways; (1) approved VA and DoD systems 
electronically request and receive data from VTA over the internal VA 
and DoD network; (2) data is provided over the secure 
telecommunications between VTA and approved VA and DoD office/systems 
for reconciliation of records; (3) periodic electronic data extracts of 
subsets of information contained in VTA are provided to approved VA and 
DoD offices/systems over the internal VA network and DoD network. 
Backups of VTA data are created regularly and stored in a secure off-
site facility.

RETRIEVABILITY:
    Records are retrieved by name, claim file number, social security 
number and date of birth.

SAFEGUARDS:
    1. Physical Security: The primary VTA system is located in the AITC 
and the backup disaster recovery system is located in the Hines ITC. 
Access to data processing centers is generally restricted to center 
employees, custodial personnel, Federal Protective Service and other 
security personnel. Access to computer rooms is restricted to 
authorized operational personnel through electronic locking devices. 
All other persons needing access to computer rooms are escorted.
    2. System Security: Access to the VA network is protected by the 
usage of ``logon'' identifications and passwords. Once on the VA 
network, separate ID and password credentials are required to gain 
access to the VTA server and/or database. Access to the server and/or 
database is granted to only a limited number of system administrators 
and database administrators. In addition, VTA has undergone 
certification and accreditation. Users of VTA access the system via the 
approved Veterans Information Portal (VIP). Users must register first 
through the VIP Portal and obtain a username and password. Upon 
approval of a VIP account, they may request access to VTA through an 
electronic form accessible via VIP. Based on information entered during 
the VTA registration process, they will be designated a role which 
determines their access within VTA. Based on a risk assessment that 
followed The National Institute of Standards and Technology (NIST), 
Vulnerability and Threat Guidelines, the system is considered stable 
and operational and a final Authority to Operate has been granted. The 
system was found to be operationally secure with very few exceptions or 
recommendations for change.

RETENTION AND DISPOSAL:
    VA retains selected information for purposes of making eligibility 
determinations for VA benefits. The information retained may be 
included in the VA records that are maintained and disposed of in 
accordance with the appropriate record disposition authority approved 
by the Archivist of the United States.

SYSTEM MANAGER(S) AND ADDRESSES:
    The official responsible for maintaining the VTA system is: Program 
Manager Louise Rodebush, Veterans Relationship Management Program 
Executive Office (005Q), Attn: VTA System of Records, 810 Vermont 
Avenue, NW., Washington, DC 20420.

NOTIFICATION PROCEDURES:
    Individuals seeking information on the existence and content of a 
record pertaining to them should contact the system manager, in 
writing, at the above address. Requests should contain the full name, 
address and telephone number of the individual making the inquiry.

RECORD ACCESS PROCEDURE:
    (See notification procedure above).

CONTESTING RECORD PROCEDURES:
    (See notification procedure above).

RECORD SOURCE CATEGORIES:
    Information in this system of records is provided by components of 
the Department of Defense and Department of Veterans Affairs.

[FR Doc. 2010-30907 Filed 12-8-10; 8:45 am]
BILLING CODE 5320-01-P