Privacy Act of 1974; System of Records, 53585-53588 [E9-25039]
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Federal Register / Vol. 74, No. 200 / Monday, October 19, 2009 / Notices
standard in 49 CFR 391.41(b)(3), subject
to the conditions listed under
‘‘Conditions and Requirements’’ above.
In accordance with 49 U.S.C. 31136(e)
and 31315 each exemption will be valid
for two years unless revoked earlier by
FMCSA. The exemption will be revoked
if: (1) The person fails to comply with
the terms and conditions of the
exemption; (2) the exemption has
resulted in a lower level of safety than
was maintained before it was granted; or
(3) continuation of the exemption would
not be consistent with the goals and
objectives of 49 U.S.C. 31136(e) and
31315. If the exemption is still effective
at the end of the 2-year period, the
person may apply to FMCSA for a
renewal under procedures in effect at
that time.
Issued on: October 6, 2009.
Larry W. Minor,
Associate Administrator for Policy and
Program Development.
[FR Doc. E9–25101 Filed 10–16–09; 8:45 am]
BILLING CODE 4910–EX–P
DEPARTMENT OF VETERANS
AFFAIRS
Privacy Act of 1974; System of
Records
AGENCY:
Department of Veterans Affairs
(VA).
sroberts on DSKD5P82C1PROD with NOTICES
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 DatabaseVA’’ 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
VerDate Nov<24>2008
16:51 Oct 16, 2009
Jkt 220001
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 https://
www.Regulation.gov; by mail or handdelivery 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 https://
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
PO 00000
Frm 00124
Fmt 4703
Sfmt 4703
53585
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
E:\FR\FM\19OCN1.SGM
19OCN1
sroberts on DSKD5P82C1PROD with NOTICES
53586
Federal Register / Vol. 74, No. 200 / Monday, October 19, 2009 / Notices
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.
VerDate Nov<24>2008
16:51 Oct 16, 2009
Jkt 220001
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.
PO 00000
Frm 00125
Fmt 4703
Sfmt 4703
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
E:\FR\FM\19OCN1.SGM
19OCN1
Federal Register / Vol. 74, No. 200 / Monday, October 19, 2009 / Notices
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:
sroberts on DSKD5P82C1PROD with NOTICES
*
*
*
*
*
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,
VerDate Nov<24>2008
16:51 Oct 16, 2009
Jkt 220001
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.
*
*
*
*
*
PO 00000
Frm 00126
Fmt 4703
Sfmt 4703
53587
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
E:\FR\FM\19OCN1.SGM
19OCN1
53588
Federal Register / Vol. 74, No. 200 / Monday, October 19, 2009 / Notices
sroberts on DSKD5P82C1PROD with NOTICES
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
VerDate Nov<24>2008
16:51 Oct 16, 2009
Jkt 220001
33VA113
SYSTEM NAME:
National Prosthetics Patient DatabaseVA.
*
*
*
*
*
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
PO 00000
Frm 00127
Fmt 4703
Sfmt 4703
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
E:\FR\FM\19OCN1.SGM
19OCN1
]]>Agencies
[Federal Register Volume 74, Number 200 (Monday, October 19, 2009)]
[Notices]
[Pages 53585-53588]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E9-25039]
=======================================================================
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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.
-----------------------------------------------------------------------
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 https://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
https://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
