Privacy Act of 1974; System of Records, 65060-65063 [2010-26489]

Agencies

• DEPARTMENT OF VETERANS AFFAIRS

[Federal Register Volume 75, Number 203 (Thursday, October 21, 2010)]
[Notices]
[Pages 65060-65063]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2010-26489]


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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. 552(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 system of 
records entitled ``Suicide Prevention Database-VA'' (158VA11).

DATES: Comments on this new system of records must be received no later 
than November 22, 2010. If no public comment is received, the new 
system will become effective November 22, 2010.

ADDRESSES: Written comments concerning the proposed amended system of 
records may be submitted by: mail or hand-delivery to Director, 
Regulations Management (02REG), Department of Veterans Affairs, 810 
Vermont Avenue, NW., Room 1068, Washington, DC 20420; fax to (202) 273-
9026; or e-mail to https://www.Regulations.gov. All 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.

FOR FURTHER INFORMATION CONTACT: Janet Kemp RN, Ph.D., Department of 
Veterans Affairs, 400 Fort Hill Avenue, Canandaigua, NY 14424; 
telephone (585) 393-7939.

SUPPLEMENTARY INFORMATION:

I. Description of Proposed Systems of Records

    The Suicide Prevention Database will serve two purposes. First, the 
database will store records associated with the National Suicide 
Hotline call logs via the National Suicide Hotline Web Application 
Program. The National Suicide Hotline Web Application Program is an 
electronic call log database that stores information from a Hotline 
call. In addition to the ability to retrieve and view information 
obtained from the calls the Web Interface program performs the 
following functions:
    1. The system accepts Hotline calls and stores them according to 
the following:
    a. Anonymous persons with incomplete identification information;
    b. All Veterans, including Veterans who are not registered in the 
VA health care system (non-VA);
    c. From family and friends of the affected Veteran:
    [cir] In this case, the system shall indicate that the call was not 
made from the affected Veteran.
    2. The system provides a mechanism for Hotline staff to identify 
the VA Medical Center closest to the caller's physical location;
    3. The system provides a means for recording Hotline referrals in 
the Veteran's electronic medical record when the referral is made to a 
VA Medical Center for follow-up care;
    4. The system provides a means for Suicide Prevention Coordinators 
to document their follow-up measures;
    5. The system provides access to call log data for reporting 
purposes. The data will be used to provide information related to the 
number of calls, caller's demographic information, the types of calls, 
and follow-up care.
    In addition to the National Suicide Hotline call logs via the 
National Suicide Hotline Web Application Program, the ``Suicide 
Prevention Database-VA'' will maintain Suicide Attempts and Completions 
information. This information is documented using the Statistical 
Package for the Social Sciences (SPSS). Information collected in SPSS 
includes attempt or completion, military conflict, VA enrolled, gender, 
age, mental health diagnosis, medical diagnosis, previous attempts, 
month of event, method used, outcome, intent, seen at a VA within 7 
days of attempt, seen at VA within 30 days of attempt, where seen, had 
suicide been addressed, and last recorded pain score. The data will be 
used to generate national reports. In addition, the information 
obtained will be used to develop further VA educational programs and 
research opportunities surrounding suicide prevention.

II. Proposed Routine Use Disclosures of Data in the System

    We are proposing to establish the following Routine Use disclosures 
of information maintained in the system:
    1. The record of an individual who is covered by a system of 
records may be

[[Page 65061]]

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.
    2. Disclosure may be made to National Archives and Records 
Administration (NARA) and the General Services Administration (GSA) in 
records management inspections conducted under authority of Title 44, 
Chapter 29, of the United States Code (U.S.C). NARA and GSA are 
responsible for management of old records no longer actively used, but 
which may be appropriate for preservation, and for the physical 
maintenance of the Federal government's records. VA must be able to 
provide the records to NARA and GSA in order to determine the proper 
disposition of such records.
    3. Disclosure may be made to other Government agencies in support 
of data exchanges of electronic medical record information approved by 
the individual.
    4. VA may disclose on its own initiative any information in this 
system, except the names and home 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, 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, rule or order 
issued pursuant thereto.
    5. 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.
    6. Disclosures 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 the 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. This routine use 
includes disclosures by the individual or entity performing the service 
for VA to any secondary entity or individual to perform an activity 
that is necessary for individuals, organizations, private or public 
agencies, or other entities or individuals with whom VA has a contract 
or agreement to provide the service to VA.
    7. 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.
    8. VA may disclose information to the Equal Employment Opportunity 
Commission when requested in connection with investigations of alleged 
or possible discriminatory practices, examination of Federal 
affirmative employment programs, or for other functions of the 
Commission as authorized by law or regulation. VA must be able to 
provide information to the Commission to assist it in fulfilling its 
duties to protect employee's rights, as required by statute and 
regulation.
    9. VA may disclose to the Fair Labor Relations Authority (FLRA) 
(including its General Counsel) information related to the 
establishment of jurisdiction, the investigation and resolution of 
allegations of unfair labor practices, or information in connection 
with the resolution of exceptions to arbitration awards when a question 
of material fact is raised; to disclose information in matters properly 
before the Federal Services Impasse Panel, and to investigate 
representation petitions and conduct or supervise representation 
elections. VA must be able to provide information to FLRA to comply 
with the statutory mandate under which it operates.
    10. VA may disclose information to officials of the Merit Systems 
Protection Board (MSPB), or the Office of Special Counsel, when 
requested in connection with appeals, special studies of the civil 
service and other merit systems, review of rules and regulations, 
investigation of alleged or possible prohibited personnel practices, 
and such other functions, promulgated in 5 U.S.C. 1205 and 1206, or as 
authorized by law.
    11. 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.

III. Compatibility of the Proposed Routine Uses

    The Privacy Act permits VA to disclose information about 
individuals without their consent for a routine use when the 
information will be used for a purpose that is compatible with the 
purpose for which we collected the information. In all of the routine 
use disclosures described above, the recipient of the information will 
use the information in connection with a matter relating to one of VA's 
programs, will use the information to provide a benefit to VA, or 
disclosure is required by law.
    The notice of intent to publish 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 28, 2010.
John R. Gingrich,
Chief of Staff, Department of Veterans Affairs.
158VA11

SYSTEM NAME:
    ``Suicide Prevention Database--VA''.

[[Page 65062]]

SYSTEM LOCATION:
    The ``Suicide Prevention Database--VA'' will be maintained at 
Canandaigua VA Medical Center, 400 Fort Hill Avenue, Canandaigua, NY 
14424. The back-up computer tape information is stored off-site at 
Albany VA Medical Center.
    In addition, information from these records or copies of records 
may be maintained at the Department of Veterans Affairs, 810 Vermont 
Avenue, NW., Washington, DC.

Categories of individuals covered by the system:
    The records include information concerning Veterans and friends and 
family of Veterans who access the National Suicide Hotline. In 
addition, records include the name of the Hotline call responder and 
the name of the Suicide Prevention Coordinator.

Categories of records in the system:
    The records may include information related to:
    1. The National Suicide Hotline call logs via the National Suicide 
Hotline Web Application Program includes the following information:
    a. Identifies, by full name, the Hotline call responder;
    b. Identifies, by full name, the Suicide Prevention Coordinator;
    c. Records calls to the National Suicide Hotline which may be:
    (1) Calls from an anonymous person with incomplete identification 
information;
    (2) Calls from a Veteran, including Veterans who are not registered 
in VA health care system (non-VA);
    (3) Calls from family and friends of the affected Veteran (In this 
case, the system shall indicate that the call was not made from the 
affected Veteran).
    d. Identifies the VA Medical Center closest to the caller's 
physical location;
    e. Records Hotline referrals in the Veteran's electronic medical 
record when the referral is made to a VA Medical Center for follow-up 
care;
    f. Provides a means for Suicide Prevention Coordinators to document 
their follow-up measures;
    g. Provides access to call log data for reporting purposes: 
Provides information related to the number of calls, callers 
demographic information, the types of calls, and follow-up care.
    2. The Suicide Attempts and Completions data is collected in the 
SPSS statistical package. The information includes attempt or 
completion, military conflict, VA enrolled, gender, age, mental health 
diagnosis, medical diagnosis, previous attempts, month of event, method 
used, outcome, intent, seen at a VA within 7 days of attempt, seen at 
VA within 30 days of attempt, where seen, had suicide been addressed, 
and last recorded pain score.

Authority for maintenance of the system:
    Title 38, United States Code, section 501.

PURPOSE(S):
    The records and information may be used for ensuring appropriate 
follow-up care is provided to those who telephone the National Suicide 
Hotline. In addition, the information will be used for statistical 
reports for the purpose of evaluating the need for development of 
further suicide prevention efforts to include education and research. 
Additionally, the statistical reports will be used to provide 
information related to suicide to VA officials, congressional members, 
and the public.

Routine uses of records maintained in the system, including categories 
of users and the purposes of such uses:
    To the extent that records contained in the system include 
information protected by 45 CFR parts 160 and 164, i.e., individually 
identifiable health information, and 38 U.S.C. 7332, i.e., medical 
treatment information related to drug abuse, alcoholism or alcohol 
abuse, sickle cell anemia or infection with the human immunodeficiency 
virus (HIV), that information cannot be disclosed under a routine use 
unless there is also specific statutory authority in 38 U.S.C. 7332 and 
regulatory authority in 45 CFR parts 160 and 164 permitting disclosure.
    The Suicide Prevention-VA system of record will be routinely used 
for the following:
    1. 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.
    2. Disclosure may be made to National Archives and Records 
Administration (NARA) and the General Services Administration (GSA) in 
records management inspections conducted under authority of Title 44, 
Chapter 29, of the United States Code (U.S.C.).
    3. Disclosure may be made to other Government agencies in support 
of data exchanges of electronic medical record information approved by 
the individual.
    4. VA may disclose on its own initiative any information in this 
system, except the names and home 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, 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, rule or order 
issued pursuant thereto.
    5. 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.
    6. Disclosures 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 the 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. This routine use 
includes disclosures by the individual or entity performing the service 
for VA to any secondary entity or individual to perform an activity 
that is necessary for individuals, organizations, private or public 
agencies, or other entities or individuals with whom VA has a contract 
or agreement to provide the service to VA.
    7. 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.

[[Page 65063]]

    8. VA may disclose information to the Equal Employment Opportunity 
Commission when requested in connection with investigations of alleged 
or possible discriminatory practices, examination of Federal 
affirmative employment programs, or for other functions of the 
Commission as authorized by law or regulation.
    9. VA may disclose to the Fair Labor Relations Authority (FLRA) 
(including its General Counsel) information related to the 
establishment of jurisdiction, the investigation and resolution of 
allegations of unfair labor practices, or information in connection 
with the resolution of exceptions to arbitration awards when a question 
of material fact is raised; to disclose information in matters properly 
before the Federal Services Impasse Panel, and to investigate 
representation petitions and conduct or supervise representation 
elections.
    10. VA may disclose information to officials of the Merit Systems 
Protection Board (MSPB), or the Office of Special Counsel, when 
requested in connection with appeals, special studies of the civil 
service and other merit systems, review of rules and regulations, 
investigation of alleged or possible prohibited personnel practices, 
and such other functions, promulgated in 5 U.S.C. 1205 and 1206, or as 
authorized by law.
    11. 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.

Policies and practices for storing, retrieving, accessing, retaining, 
and disposing of records in the system:
Storage:
    Records are maintained on the Canandaigua VA Medical Center's 
secure computer server.

Retrievability:
    Records are retrieved by name, social security number or other 
assigned identifiers of the individuals on whom they are maintained.

Safeguards:
    1. VA will maintain the data in compliance with applicable VA 
security policy directives that specify the standards that will be 
applied to protect sensitive personal information. VA's security 
measures complies with applicable Federal Information Processing 
Standards (FIPS) issued by the National Institute of Standards and 
Technology (NIST). Access to VA working and storage areas is restricted 
to VA employees on a ``need-to-know'' basis; strict control measures 
are enforced to ensure that disclosure to these individuals is also 
based on this same principle. They are required to take annual VA 
mandatory data privacy and security training. Generally, VA file areas 
are locked after normal duty hours and the facilities are protected 
from outside access by the Federal Protective Service or other security 
personnel.
    2. Access to computer rooms at the Canandaigua VA Medical Center is 
limited by appropriate locking devices and restricted to authorized VA 
employees and vendor personnel. Peripheral devices are placed in secure 
areas (areas that are locked or have limited access) or are otherwise 
protected. Information stored on the Suicide Prevention Database-VA may 
be accessed by authorized VA employees. Access to file information is 
controlled at two levels; the systems recognize authorized employees by 
series of individually unique passwords/codes as a part of each data 
message, and the employees are limited to only that information in the 
file which is needed in the performance of their official duties. 
Information that is downloaded from the Suicide Prevention Database-VA 
and maintained on personal computers is afforded similar storage and 
access protections as the data that is maintained in the original 
files. Access to information stored on automated storage media at other 
VA locations is controlled by individually unique passwords/codes.

Retention and disposal:
    Paper records and information are maintained and disposed of in 
accordance with records disposition authority approved by the Archivist 
of the United States.

System manager(S) and address:
    Official responsible for policies and procedures; VISN 2 Center of 
Excellence at Canandaigua VA Medical Center (528A5), 400 Fort Hill 
Avenue, Canandaigua, NY 14424. Officials responsible for the system of 
records include Craig S. Howard, Director, Canandaigua VA Medical 
Center; Kerry L. Knox, Ph.D., Director, VISN 2 Center of Excellence; 
Janet Kemp, RN, Ph.D., Associate Director Education and Training, VISN 
2 Center of Excellence.

Notification procedure:
    Individuals who wish to determine whether this system of records 
contains information about them should contact the Canandaigua VA 
Medical Center. Inquiries should include the person's full name, social 
security number, dates of employment, date(s) of contact, and return 
address.

Record access procedure:
    Individuals seeking information regarding access to and contesting 
of records in this system may write, call or visit the Canandaigua VA 
Medical Center.

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

Record source categories:
    Information in this system of records is provided by VHA employees.

[FR Doc. 2010-26489 Filed 10-20-10; 8:45 am]
BILLING CODE 8320-01-P