Privacy Act of 1974; System of Records, 7407-7411 [2020-02478]
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Federal Register / Vol. 85, No. 26 / Friday, February 7, 2020 / Notices
12. Disclosure 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, public or private agency,
or other entity or individual with whom
VA has an agreement or contract to
perform the services of the contract or
agreement.
13. Disclosure to other Federal
agencies may be made to assist such
agencies in preventing and detecting
possible fraud or abuse by individuals
in their operations and programs.
14. VA may disclose any information
or records to appropriate agencies,
entities, and persons when (1) VA
suspects or has confirmed that there has
been a breach of the system of records;
(2) VA has determined that as a result
of the suspected or confirmed breach
there is a risk to individuals, VA
(including its information systems,
programs, and operations), the Federal
Government, or national security; and
(3) the disclosure made to such
agencies, entities, or persons is
reasonably necessary to assist in
connection with VA efforts to respond
to the suspected or confirmed breach or
to prevent, minimize, or remedy such
harm.
15. VA may disclose information from
this system to another Federal agency or
Federal entity, when VA determines
that information from this system of
records is reasonably necessary to assist
the recipient agency or entity in (1)
responding to a suspected or confirmed
breach or (2) preventing, minimizing, or
remedying the risk of harm to
individuals, the recipient agency or
entity (including its information
systems, programs, and operations), the
Federal Government, or national
security, resulting from a suspected or
confirmed breach.
16. VA may disclose information from
this system to the Office of the Special
Counsel for investigation and inquires
of alleged or possible prohibited
personnel practices.
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POLICIES AND PRACTICES FOR STORAGE OF
RECORDS:
Records are maintained on paper and
on electronic storage media, including
magnetic tape, disk, encrypted flash
memory, and laser optical media.
POLICIES AND PRACTICES FOR RETRIEVAL OF
RECORDS:
Records are retrieved by name, Social
Security number, or other assigned
identifiers of the individuals on whom
they are maintained.
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POLICIES AND PRACTICES FOR RETENTION AND
DISPOSAL OF RECORDS:
The records are disposed of in
accordance with Section XXXV—Office
of the Medical Inspector (10E1B) of the
Veterans Health Administration Records
Control Schedule 10–1 of January 2016,
which stipulates that records from
investigations not involving site visits
will be destroyed 10 years after closure;
records from investigations involving
site visits will be destroyed 20 years
after closure.
ADMINISTRATIVE, TECHNICAL, AND PHYSICAL
SAFEGUARDS:
1. Access to and use of national
patient databases are limited to those
persons whose official duties require
such access, and VA has established
security procedures to ensure that
access is appropriately limited.
Information security officers and system
data stewards review and authorize data
access requests. VA regulates data
access with security software that
authenticates users and requires
individually unique codes and
passwords. VA provides information
security training to all staff and instructs
staff on the responsibility each person
has for safeguarding data
confidentiality.
2. VA maintains Business Associate
Agreements and Non-Disclosure
Agreements with contracted resources
in order to maintain confidentiality of
the information.
3. Physical access to computer rooms
housing national patient databases is
restricted to authorized staff and
protected by a variety of security
devices. Unauthorized employees,
contractors, and other staff are not
allowed in computer rooms. The
Federal Protective Service or other
security personnel provide physical
security for the buildings housing
computer rooms and data centers.
4. All materials containing real or
scrambled Social Security numbers are
kept only on secure, encrypted VHA
servers, personal computers, laptops, or
media. All email transmissions of such
files use Public Key Infrastructure (PKI)
encryption. If a recipient does not have
PKI, items are mailed or sent to a secure
fax. Paper records containing Social
Security numbers are secured in locked
cabinets or offices within the OMI area.
Access to OMI requires passing a
security officer, an elevator card reader
for floor access and a separate VHA card
reader for access to the office area. All
materials, both paper and electronic,
that are no longer required are
shredded/obliterated in accordance with
VHA guidelines. Materials required for
case documentation and follow up are
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7407
archived in our secure document
management server (electronic) and in
locked storage (paper).
5. In most cases, copies of back-up
computer files are maintained at off-site
locations.
RECORD ACCESS PROCEDURE:
Individuals seeking information
regarding access to and contesting of
records in this system may write or call
Correspondence Analyst, OMI, 810
Vermont Avenue NW, Washington, DC
20420, 202–461–1030.
CONTESTING RECORD PROCEDURES:
(See Record Access Procedures).
NOTIFICATION PROCEDURE:
Individuals who wish to determine
whether this system of records contains
information about them should contact
Correspondence Analyst, OMI, 810
Vermont Avenue NW, Washington, DC
20420. Inquiries should include the
person’s full name, Social Security
number, location and dates of
employment or location and dates of
treatment and return address.
EXEMPTIONS PROMULGATED FOR THE SYSTEM:
None.
HISTORY:
Last full publication provided in 75
FR 26847 dated May 12, 2010.
[FR Doc. 2020–02482 Filed 2–6–20; 8:45 am]
BILLING CODE 8320–01–P
DEPARTMENT OF VETERANS
AFFAIRS
Privacy Act of 1974; System of
Records
AGENCY:
Department of Veterans Affairs
(VA).
ACTION:
Notice of a modified system of
records.
As required by the Privacy
Act of 1974, notice is hereby given that
the Department of Veterans Affairs (VA)
is amending the system of records
entitled ‘‘Agent Orange Registry—VA’’
(105VA131) as set forth in 68 FR 75025.
VA is amending the system of records
by revising the System Number; System
Location; System Manager; Authority
for Maintenance of the System;
Categories of Individuals Covered by the
System; Categories of Records in the
System; Routine Uses of Records
Maintained in the System and Policies;
Policies and Practices for Storage of
Records; Policies and Practices for
Retention and Disposal of Records;
Administrative, Technical, and Physical
Safeguards; Record Access Procedure;
SUMMARY:
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Federal Register / Vol. 85, No. 26 / Friday, February 7, 2020 / Notices
and Notification Procedure. VA is
republishing the system notice in its
entirety.
Comments on this amended
system of records must be received no
later than March 9, 2020. If no public
comment is received during the period
allowed for comment or unless
otherwise published in the Federal
Register by the VA, the new system will
become effective March 9, 2020.
ADDRESSES: Written comments may be
submitted through
www.Regulations.gov; by mail or handdelivery to Director, Regulation Policy
and Management (00REG), Department
of Veterans Affairs, 810 Vermont
Avenue NW, Room 1064, Washington,
DC 20420; or by fax to (202) 273–9026
(Note: Not a toll-free number).
Comments should indicate they are
submitted in response to ‘‘Agent Orange
Registry—VA’’. Copies of comments
received will be available for public
inspection in the Office of Regulation
Policy and Management, Room 1063B,
between the hours of 8:00 a.m. and 4:30
p.m., Monday through Friday (except
holidays). Please call (202) 461–4902 for
an appointment (Note: Not a toll-free
number). In addition, comments may be
viewed online at www.Regulations.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 (Note: Not a toll-free number).
SUPPLEMENTARY INFORMATION: The
System Number is changed from
105VA131 to 105VA10P4Q to reflect the
current organizational alignment.
The System Location is being
amended to change the Austin
Automation Center (AAC) to the Austin
Information Technology Center (AITC).
This section is being amended to
remove ‘‘narratives, signatures, etc.,
noted on the code sheets are not entered
into this system, images of the code
sheets are maintained at the Department
of Veterans Affairs, Environmental
Agents Service (131), 810 Vermont
Avenue NW, Washington, DC 20420.
These are electronic images of paper
records, i.e., code sheets, medical
records, questionnaires and
correspondence that are stored on
optical disks. The optical disk system is
currently being utilized where there is
no access to the secure web-based
system. The optical disk system is
scheduled to be discontinued in 2004
and all access to the Agent Orange
Registry (AOR) system will be through
the secure web-based data entry
system.’’
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DATES:
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System Manager is being amended to
replace Director, Environmental Agents
Service (131), Office of Public Health
and Environmental Hazards, (clinical
issues) and Management/Program
Analyst, Environmental Agents Service
(131) (administrative issues), with
Deputy Chief Consultant, Post
Deployment Health Services (10P4Q).
Authority for Maintenance of the
System is being amended to replace
Title 38, United States Code (U.S.C.)
1710(e)(1)(B) and 1720E with Public
Law 102–4, 38 U.S.C. 527, 38 U.S.C.
1116, Public Law 102–585 Section 703,
and Public Law 100–687.
Categories of Individuals Covered by
the System is being amended to remove
number 4. Have had an AOR
examination at a VA medical facility.
This section is being amended to
include numbers 4. Exposure to Agent
Orange in Vietnam Exposure on land in
Vietnam or on a ship operating on the
inland waterways of Vietnam between
January 9, 1962 and May 7, 1975. 5. C–
123 Airplanes and Agent Orange
Residue, C–123 Reservists who were
assigned to flight, ground or medical
crew duties at Lockbourne/
Rickenbacker Air Force Base in Ohio
(906th and 907th Tactical Air Groups or
355th and 356th Tactical Airlift
Squadron), Westover Air Force Base in
Massachusetts (731st Tactical Air
Squadron and 74th Aeromedical
Evacuation Squadron) or Pittsburgh,
Pennsylvania, International Airport
(758th Airlift Squadron) during the
period 1969 to 1986. 6. Blue Water
Veterans, possible exposure on open sea
ships off the shore of Vietnam during
the Vietnam War. Ship categories
include the following: (1) Ships
operating primarily or exclusively on
Vietnam’s inland waterways; (2) Ships
operating temporarily on Vietnam’s
inland waterways; (3) Ships that docked
to shore or pier in Vietnam; (4) Ships
operating on Vietnam’s close coastal
waters for extended periods with
evidence that crewmembers went
ashore; and (5) Ships operating on
Vietnam’s close coastal waters for
extended periods with evidence that
smaller craft from the ship regularly
delivered supplies or troops ashore. The
list of U.S. Navy and Coast Guard ships
that operated in Vietnam can be viewed
at this link: https://www.benefits.va.gov/
compensation/claims-postservice-agent_
orange.asp. 7. Korean Demilitarized
Zone exposure along the demilitarized
zone in Korea between April 1, 1968
and August 31, 1971 and 9. Thailand
Military Bases exposure on or near the
perimeters of military bases between
February 28, 1961 and May 7, 1975.
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The Categories of Records in the
System is being amended to add VA
medical facility where the Veteran had
the AOR examination.
The Routine Uses of Records
Maintained in the System has been
amended to change Joint Commission
for Accreditation of Healthcare
Organizations (JCAHO) to The Joint
Commission in Routine use #8.
Routine Use #9 is amending the
language which states that disclosure 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
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. This routine
use will now state that release of the
records to the DoJ is limited to
circumstances where relevant and
necessary to the litigation. VA may
disclose records in this system of
records in legal proceedings before a
court or administrative body after
determining that release of the records
to the court or administrative body is
limited to circumstances where relevant
and necessary to the litigation.
Routine Use #11 is clarifying the
language to state, ‘‘VA may disclose any
information or records to appropriate
agencies, entities, and persons when (1)
VA suspects or has confirmed that there
has been a breach of the system of
records; (2) VA has determined that as
a result of the suspected or confirmed
breach there is a risk to individuals, VA
(including its information systems,
programs, and operations), the Federal
Government, or national security; and
(3) the disclosure made to such
agencies, entities, or persons is
reasonably necessary to assist in
connection with VA efforts to respond
to the suspected or confirmed breach or
to prevent, minimize, or remedy such
harm.’’
Routine use #12 is being added to
state, ‘‘VA may disclose information
from this system to another Federal
agency or Federal entity, when VA
determines that information from this
system of records is reasonably
necessary to assist the recipient agency
or entity in (1) responding to a
suspected or confirmed breach or (2)
preventing, minimizing, or remedying
the risk of harm to individuals, the
recipient agency or entity (including its
information systems, programs, and
operations), the Federal Government, or
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national security, resulting from a
suspected or confirmed breach.’’
Routine use #13 is also being added
to state, ‘‘VA may disclose information
from this system of records 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, public or private agency,
or other entity or individual with whom
VA has a contract or agreement to
perform services under the contract or
agreement.’’ This routine use includes
disclosures by an individual or entity
performing services 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.
Policies and Practices for Storage of
Records is being amended to remove,
‘‘In 2003, the data collection process
moved to a secure web-based system.
Data previously recorded manually and
converted to electronic format is now
input through the secure VA Intranet
system. In addition to electronic data,
registry reports are maintained on paper
documents and microfiche. The optical
disk system is currently being utilized
where there is no access to the secure
web-based system. The optical disk
system is scheduled to be discontinued
in 2004 and all access to the AOR
system will be through the secure webbased data entry system. Records will be
maintained and disposed of in
accordance with records disposition
authority approved by the Archivist of
the United States.’’ This section is also
being amended to change the Austin
Automation Center (AAC) to the Austin
Information Technology Center (AITC).
Policies and Practices For Retention
and Disposal of Records is being
amended to replace, ‘‘Records will be
maintained and disposed of in
accordance with records disposition
authority approved by the Archivist of
the United States.’’ with ‘‘Maintain
these records per Record Control
Schedule (RCS) 10–1 Subject
Identification Code (SIC) 1203 series,
these records are permanent records per
N1–015–01–3, Item 3a and are to be
transferred in 5 year block to the
National Archives and Records
Administration (NARA)’’.
Administrative, Technical, and
Physical Safeguards is being amended to
include the registry is stored on a
password protected system located in a
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locked room. Registry application is
Web-based and accessible behind the
VA firewall. Access to the facility is
limited by Personal Identity Verification
access, security card, metal scanners at
the entrance, and security guards. This
section is also being amended to change
the Austin Automation Center (AAC) to
the Austin Information Technology
Center (AITC).
The Record Access Procedure and
Notification Procedure are being
amended to replace Director,
Environmental Agents Service (131) or
the Management/Program Analyst,
Environmental Agents Service (131)
with Deputy Chief Consultant, Post
Deployment Health Services (10P4Q).
The Report of Intent to Amend a
System of Records Notice and an
advance copy of the system notice have
been sent to the appropriate
Congressional committees and to the
Director of the Office of Management
and Budget (OMB) as required by 5
U.S.C. 552a(r) (Privacy Act) and
guidelines issued by OMB (65 FR
77677), December 12, 2000.
Signing Authority: The Senior Agency
Official for Privacy, or designee,
approved this document and authorized
the undersigned to sign and submit the
document to the Office of the Federal
Register for publication electronically as
an official document of the Department
of Veterans Affairs. James P. Gfrerer,
Assistant Secretary for Information and
Technology and Chief Information
Officer, Department of Veterans Affairs,
approved this document on May 13,
2019 for publication.
Dated: February 4, 2020.
Amy L. Rose,
Program Analyst, VA Privacy Service,
Department of Veterans Affairs.
SYSTEM NAME AND NUMBER:
Agent Orange Registry—VA
(105VA10P4Q)
SECURITY CLASSIFICATION:
Unclassified.
SYSTEM LOCATION:
Character-based data from Agent
Orange Registry (AOR) are maintained
in a registry database at the Austin
Information Technology Center (AITC),
1615 Woodward Street, Austin, Texas
78772. The secure Web-based data entry
system is maintained by the AITC and
provides retrievable images to users.
SYSTEM MANAGER(S):
Deputy Chief Consultant, Post
Deployment Health Services (10P4Q),
VA Central Office, 810 Vermont Avenue
NW, Washington, DC 20420.
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AUTHORITY FOR MAINTENANCE OF THE SYSTEM:
Public Law No: 102–4, Title 38 United
States Code 527, Title 38 United States
Code 1116, Public Law 102–585 Section
703, and Public Law 100–687.
PURPOSE(S) OF THE SYSTEM:
The purpose of this AOR system of
records is to provide information about:
Veterans who have had an AOR
examination at a VA facility; to assist in
generating hypotheses for research
studies; provide management with the
capability to track patient
demographics; reported birth defects
among Veterans’ children; dioxinrelated diseases; planning and delivery
of healthcare services and associated
costs; and with relation to claims for
compensation which may assist in the
adjudication of claims possibly related
to herbicide exposure although more
comprehensive medical records are
required for evaluation of subject
claims.
CATEGORIES OF INDIVIDUALS COVERED BY THE
SYSTEM:
Categories of individuals covered
include Veterans who may have been
exposed to dioxin or other toxic
substance in a herbicide or defoliant
during multiple periods and locations.
These categories of Veterans are
described below:
1. Veterans with active military
service in the Republic of Vietnam
between 1962 and 1975.
2. Veterans with active military
service in the Republic of Korea
between 1968 and 1969.
3. Veterans that may have come in
contact as a result of testing,
transporting or spraying herbicides for
military purposes.
4. Veterans with possible exposure to
Agent Orange in Vietnam on land in or
on a ship operating on the inland
waterways of Vietnam between January
9, 1962 and May 7, 1975.
5. Veterans with possible exposure to
C–123 Airplanes and Agent Orange
Residue as C–123 Reservists who were
assigned to flight, ground or medical
crew duties at Lockbourne/
Rickenbacker Air Force Base in Ohio
(906th and 907th Tactical Air Groups or
355th and 356th Tactical Airlift
Squadron), Westover Air Force Base in
Massachusetts (731st Tactical Air
Squadron and 74th Aeromedical
Evacuation Squadron) or Pittsburgh,
Pennsylvania, International Airport
(758th Airlift Squadron) during the
period 1969 to 1986.
6. Blue Water Veterans with possible
exposure on open sea ships off the shore
of Vietnam during the Vietnam War.
Ship categories include the following:
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(1) Ships operating primarily or
exclusively on Vietnam’s inland
waterways; (2) Ships operating
temporarily on Vietnam’s inland
waterways; (3) Ships that docked to
shore or pier in Vietnam; (4) Ships
operating on Vietnam’s close coastal
waters for extended periods with
evidence that crewmembers went
ashore; and (5) Ships operating on
Vietnam’s close coastal waters for
extended periods with evidence that
smaller craft from the ship regularly
delivered supplies or troops ashore. The
list of U.S. Navy and Coast Guard ships
that operated in Vietnam can be viewed
at this link: https://www.benefits.va.gov/
compensation/claims-postservice-agent_
orange.asp.
7. Veterans with Korean Demilitarized
Zone exposure along the demilitarized
zone in Korea between April 1, 1968
and August 31, 1971.
8. Veterans with Thailand Military
Bases exposure on or near the
perimeters of military bases between
February 28, 1961 and May 7, 1975.
CATEGORIES OF RECORDS IN THE SYSTEM:
These records may contain the
following information: VA facility code
identifier where the Veteran was
examined or treated; VA medical facility
where the Veteran had the AOR
examination; Veteran’s name; address;
social security number; military service
serial number; claim number; date of
birth; race/ethnicity; marital status; sex;
branch of service; periods of service;
areas of service in Vietnam; list of
military units where Veteran served;
method of exposure to herbicides;
Veteran’s self-assessment of health; date
of registry examination; Veteran’s
complaints/symptoms; reported birth
defects among Veteran’s children;
consultations; diagnoses; disposition
(hospitalized, referred for outpatient
treatment, etc.) and name and signature
of examiner/clinician coordinator, when
available.
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RECORD SOURCE CATEGORIES:
VA patient health records, various
automated record systems providing
clinical and managerial support to VA
healthcare facilities, the Veteran, family
members, and records from the Veterans
Benefits Administration, Department of
Defense, Department of the Army,
Department of the Air Force,
Department of the Navy and other
Federal agencies.
ROUTINE USES OF RECORDS MAINTAINED IN THE
SYSTEM, INCLUDING CATEGORIES OF USERS AND
THE PURPOSES OF SUCH USES:
To the extent that records contained
in the system include information
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protected by 45 CFR parts 160 and 164,
i.e., individually identifiable health
information, and 38 U.S.C. 7332, i.e.,
medical treatment information related to
drug abuse, alcoholism or alcohol abuse,
sickle cell anemia or infection with the
human immunodeficiency virus, that
information cannot be disclosed under a
routine use unless there is also specific
statutory authority in 38 U.S.C. 7332
and regulatory authority in 45 CFR parts
160 and 164 permitting disclosure.
1. The record of an individual who is
covered by 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 of records covered by
this system, as deemed necessary and
proper to named individuals serving as
accredited service organization
representatives, and other individuals
named as approved agents or attorneys
for a documented purpose and period of
time, to aid beneficiaries in the
preparation and presentation of their
cases during the verification and/or due
process procedures, and in the
presentation and prosecution of claims
under laws administered by VA.
3. A record containing the name(s)
and address(es) of present or former
members of the armed services and/or
their dependents may be released from
this system of records under certain
circumstances: (a) To any nonprofit
organization if the release is directly
connected with the conduct of programs
and the utilization of benefits under
Title 38, and (b) To any criminal or civil
law enforcement governmental agency
or instrumentality charged under
applicable law with the protection of
the public health or safety if a qualified
representative of such organization,
agency or instrumentality has made a
written request that such name(s) or
address(es) be provided for a purpose
authorized by law; provided, further,
that the record(s) will not be used for
any purpose other than that stated in the
request and that the organization,
agency or instrumentality is aware of
the penalty provision of 38 U.S.C.
5701(f).
4. Disclosure may be made to NARA
and General Services Administration
(GSA) in records management
inspections conducted under authority
of Title 44, Chapter 29, of the 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.
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5. Disclosure of information,
excluding name and address (unless
name and address is furnished by the
requestor) for research purposes
determined to be necessary and proper,
to epidemiological and other research
facilities approved by the Under
Secretary for Health.
6. To conduct Federal research
necessary to accomplish a statutory
purpose of an agency, at the written
request of the head of the agency, or
designee of the head of that agency, the
name(s) and address(es) of present or
former personnel or the Armed Services
and/or their dependents may be
disclosed (a) To a Federal department or
agency, or (b) Directly to a contractor of
a Federal department or agency. When
a disclosure of this information is to be
made directly to the contractor, VA may
impose applicable conditions on the
department, agency, and/or contractor
to insure the appropriateness of the
disclosure to the contractor.
7. VA may disclose any information
in this system, except the names and
home addresses of Veterans and their
dependents, which 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 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.
8. For program review purposes and
the seeking of accreditation and/or
certification, disclosure may be made to
survey teams of The Joint Commission,
College of American Pathologists,
American Association of Blood Banks,
and similar national accreditation
agencies or boards with whom VA has
a contract or agreement to conduct such
reviews but only to the extent that the
information is necessary and relevant to
the review. VA healthcare facilities
undergo certification and accreditation
by several national accreditation
agencies or boards to comply with
regulations and good medical practices.
9. VA may disclose information in
this system of records to the Department
of Justice (DoJ), either on VA’s initiative
or in response to DoJ’s request for the
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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 limited to
circumstances where relevant and
necessary to the litigation. VA may
disclose records in this system of
records in legal proceedings before a
court or administrative body after
determining that release of the records
to the court or administrative body is
limited to circumstances where relevant
and necessary to the litigation.
10. 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.
11. VA may disclose any information
or records to appropriate agencies,
entities, and persons when (1) VA
suspects or has confirmed that there has
been a breach of the system of records;
(2) VA has determined that as a result
of the suspected or confirmed breach
there is a risk to individuals, VA
(including its information systems,
programs, and operations), the Federal
Government, or national security; and
(3) the disclosure made to such
agencies, entities, or persons is
reasonably necessary to assist in
connection with VA efforts to respond
to the suspected or confirmed breach or
to prevent, minimize, or remedy such
harm.
12. VA may disclose information from
this system to another Federal agency or
Federal entity, when VA determines
that information from this system of
records is reasonably necessary to assist
the recipient agency or entity in (1)
responding to a suspected or confirmed
breach or (2) preventing, minimizing, or
remedying the risk of harm to
individuals, the recipient agency or
entity (including its information
systems, programs, and operations), the
Federal Government, or national
security, resulting from a suspected or
confirmed breach.
VerDate Sep<11>2014
17:42 Feb 06, 2020
Jkt 250001
13. VA may disclose information from
this system of records 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, public or private agency,
or other entity or individual with whom
VA has a contract or agreement to
perform services under the contract or
agreement.
POLICIES AND PRACTICES FOR STORAGE OF
RECORDS:
Data are stored electronically on a
Web server hosted by the AITC. Three
levels of access are provided for the data
that is input, using password security
linked to the AITC Top Secret Security
system, with mandated changes every
90 days. AITC stores registry tapes for
disaster back up at an off-site location.
POLICIES AND PRACTICES FOR RETRIEVAL OF
RECORDS:
Records are retrieved by name of
Veteran and social security number.
POLICIES AND PRACTICES FOR RETENTION AND
DISPOSAL OF RECORDS:
Maintain these records per Record
Control Schedule (RCS) 10–1 Subject
Identification Code (SIC) 1203 series,
these records are permanent records per
N1–015–01–3, Item 3a and are to be
transferred in 5-year blocks to NARA.
ADMINISTRATIVE, TECHNICAL, AND PHYSICAL
SAFEGUARDS:
Registry data maintained at the AITC
can only be updated by authorized AITC
personnel. The registry is stored on a
password protected system located in a
locked room. Registry application is
Web-based and accessible behind the
VA firewall. Access to the facility is
limited by Personal Identity Verification
access, security card, metal scanners at
the entrance, and security guards.
Data are securely located behind the
VA firewall and only accessible from
the VA Local Area Network (LAN)
through the VA Intranet. AITC reports
are also accessible through a
telecommunications network on a readonly basis to the owner (VA facility) of
PO 00000
Frm 00147
Fmt 4703
Sfmt 9990
7411
the data. Access is limited to authorized
employees by individually unique
access codes which are changed
periodically.
Physical access to the AITC is
generally restricted to AITC staff, VA
Central Office staff, custodial personnel,
Federal Protective Service and
authorized operational personnel
through electronic locking devices. All
other persons gaining access to the
computer rooms are escorted. Backup
records are stored off-site and
safeguarded in secured storage areas. A
disaster recovery plan is in place and
system recovery is tested at an off-site
facility in accordance with established
schedules.
RECORD ACCESS PROCEDURE:
An individual who seeks access to
records maintained under his or her
name may write or visit the nearest VA
facility or write to the Deputy Chief
Consultant, Post Deployment Health
Services (10P4Q), VA Central Office,
810 Vermont Avenue NW, Washington,
DC 20420.
CONTESTING RECORD PROCEDURES:
(See Record Access Procedures
above.)
NOTIFICATION PROCEDURE:
An individual who wishes to
determine whether a record is being
maintained in this system under his or
her name or other personal identifier, or
wants to determine the contents of such
record, should submit a written request
or apply in person to the last VA facility
where medical care was provided or
submit a written request to the Deputy
Chief Consultant, Post Deployment
Health Services (10P4Q), VA Central
Office, 810 Vermont Avenue NW,
Washington, DC 20420. Inquiries should
include the Veteran’s name, social
security number and return address.
EXEMPTIONS PROMULGATED FOR THE SYSTEM:
None.
HISTORY:
Last full publication provided in 68
FR 75025 dated December 29, 2003.
[FR Doc. 2020–02478 Filed 2–6–20; 8:45 am]
BILLING CODE 8320–01–P
E:\FR\FM\07FEN1.SGM
07FEN1
Agencies
[Federal Register Volume 85, Number 26 (Friday, February 7, 2020)]
[Notices]
[Pages 7407-7411]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-02478]
-----------------------------------------------------------------------
DEPARTMENT OF VETERANS AFFAIRS
Privacy Act of 1974; System of Records
AGENCY: Department of Veterans Affairs (VA).
ACTION: Notice of a modified system of records.
-----------------------------------------------------------------------
SUMMARY: As required by the Privacy Act of 1974, notice is hereby given
that the Department of Veterans Affairs (VA) is amending the system of
records entitled ``Agent Orange Registry--VA'' (105VA131) as set forth
in 68 FR 75025. VA is amending the system of records by revising the
System Number; System Location; System Manager; Authority for
Maintenance of the System; Categories of Individuals Covered by the
System; Categories of Records in the System; Routine Uses of Records
Maintained in the System and Policies; Policies and Practices for
Storage of Records; Policies and Practices for Retention and Disposal
of Records; Administrative, Technical, and Physical Safeguards; Record
Access Procedure;
[[Page 7408]]
and Notification Procedure. VA is republishing the system notice in its
entirety.
DATES: Comments on this amended system of records must be received no
later than March 9, 2020. If no public comment is received during the
period allowed for comment or unless otherwise published in the Federal
Register by the VA, the new system will become effective March 9, 2020.
ADDRESSES: Written comments may be submitted through
www.Regulations.gov; by mail or hand-delivery to Director, Regulation
Policy and Management (00REG), Department of Veterans Affairs, 810
Vermont Avenue NW, Room 1064, Washington, DC 20420; or by fax to (202)
273-9026 (Note: Not a toll-free number). Comments should indicate they
are submitted in response to ``Agent Orange Registry--VA''. Copies of
comments received will be available for public inspection in the Office
of Regulation Policy and Management, Room 1063B, between the hours of
8:00 a.m. and 4:30 p.m., Monday through Friday (except holidays).
Please call (202) 461-4902 for an appointment (Note: Not a toll-free
number). In addition, comments may be viewed online at
www.Regulations.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 (Note: Not a toll-free
number).
SUPPLEMENTARY INFORMATION: The System Number is changed from 105VA131
to 105VA10P4Q to reflect the current organizational alignment.
The System Location is being amended to change the Austin
Automation Center (AAC) to the Austin Information Technology Center
(AITC). This section is being amended to remove ``narratives,
signatures, etc., noted on the code sheets are not entered into this
system, images of the code sheets are maintained at the Department of
Veterans Affairs, Environmental Agents Service (131), 810 Vermont
Avenue NW, Washington, DC 20420. These are electronic images of paper
records, i.e., code sheets, medical records, questionnaires and
correspondence that are stored on optical disks. The optical disk
system is currently being utilized where there is no access to the
secure web-based system. The optical disk system is scheduled to be
discontinued in 2004 and all access to the Agent Orange Registry (AOR)
system will be through the secure web-based data entry system.''
System Manager is being amended to replace Director, Environmental
Agents Service (131), Office of Public Health and Environmental
Hazards, (clinical issues) and Management/Program Analyst,
Environmental Agents Service (131) (administrative issues), with Deputy
Chief Consultant, Post Deployment Health Services (10P4Q).
Authority for Maintenance of the System is being amended to replace
Title 38, United States Code (U.S.C.) 1710(e)(1)(B) and 1720E with
Public Law 102-4, 38 U.S.C. 527, 38 U.S.C. 1116, Public Law 102-585
Section 703, and Public Law 100-687.
Categories of Individuals Covered by the System is being amended to
remove number 4. Have had an AOR examination at a VA medical facility.
This section is being amended to include numbers 4. Exposure to Agent
Orange in Vietnam Exposure on land in Vietnam or on a ship operating on
the inland waterways of Vietnam between January 9, 1962 and May 7,
1975. 5. C-123 Airplanes and Agent Orange Residue, C-123 Reservists who
were assigned to flight, ground or medical crew duties at Lockbourne/
Rickenbacker Air Force Base in Ohio (906th and 907th Tactical Air
Groups or 355th and 356th Tactical Airlift Squadron), Westover Air
Force Base in Massachusetts (731st Tactical Air Squadron and 74th
Aeromedical Evacuation Squadron) or Pittsburgh, Pennsylvania,
International Airport (758th Airlift Squadron) during the period 1969
to 1986. 6. Blue Water Veterans, possible exposure on open sea ships
off the shore of Vietnam during the Vietnam War. Ship categories
include the following: (1) Ships operating primarily or exclusively on
Vietnam's inland waterways; (2) Ships operating temporarily on
Vietnam's inland waterways; (3) Ships that docked to shore or pier in
Vietnam; (4) Ships operating on Vietnam's close coastal waters for
extended periods with evidence that crewmembers went ashore; and (5)
Ships operating on Vietnam's close coastal waters for extended periods
with evidence that smaller craft from the ship regularly delivered
supplies or troops ashore. The list of U.S. Navy and Coast Guard ships
that operated in Vietnam can be viewed at this link: https://www.benefits.va.gov/compensation/claims-postservice-agent_orange.asp.
7. Korean Demilitarized Zone exposure along the demilitarized zone in
Korea between April 1, 1968 and August 31, 1971 and 9. Thailand
Military Bases exposure on or near the perimeters of military bases
between February 28, 1961 and May 7, 1975.
The Categories of Records in the System is being amended to add VA
medical facility where the Veteran had the AOR examination.
The Routine Uses of Records Maintained in the System has been
amended to change Joint Commission for Accreditation of Healthcare
Organizations (JCAHO) to The Joint Commission in Routine use #8.
Routine Use #9 is amending the language which states that
disclosure 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 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. This routine use will now state that release of the records to
the DoJ is limited to circumstances where relevant and necessary to the
litigation. VA may disclose records in this system of records in legal
proceedings before a court or administrative body after determining
that release of the records to the court or administrative body is
limited to circumstances where relevant and necessary to the
litigation.
Routine Use #11 is clarifying the language to state, ``VA may
disclose any information or records to appropriate agencies, entities,
and persons when (1) VA suspects or has confirmed that there has been a
breach of the system of records; (2) VA has determined that as a result
of the suspected or confirmed breach there is a risk to individuals, VA
(including its information systems, programs, and operations), the
Federal Government, or national security; and (3) the disclosure made
to such agencies, entities, or persons is reasonably necessary to
assist in connection with VA efforts to respond to the suspected or
confirmed breach or to prevent, minimize, or remedy such harm.''
Routine use #12 is being added to state, ``VA may disclose
information from this system to another Federal agency or Federal
entity, when VA determines that information from this system of records
is reasonably necessary to assist the recipient agency or entity in (1)
responding to a suspected or confirmed breach or (2) preventing,
minimizing, or remedying the risk of harm to individuals, the recipient
agency or entity (including its information systems, programs, and
operations), the Federal Government, or
[[Page 7409]]
national security, resulting from a suspected or confirmed breach.''
Routine use #13 is also being added to state, ``VA may disclose
information from this system of records 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, public or private agency, or other
entity or individual with whom VA has a contract or agreement to
perform services under the contract or agreement.'' This routine use
includes disclosures by an individual or entity performing services 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.
Policies and Practices for Storage of Records is being amended to
remove, ``In 2003, the data collection process moved to a secure web-
based system. Data previously recorded manually and converted to
electronic format is now input through the secure VA Intranet system.
In addition to electronic data, registry reports are maintained on
paper documents and microfiche. The optical disk system is currently
being utilized where there is no access to the secure web-based system.
The optical disk system is scheduled to be discontinued in 2004 and all
access to the AOR system will be through the secure web-based data
entry system. Records will be maintained and disposed of in accordance
with records disposition authority approved by the Archivist of the
United States.'' This section is also being amended to change the
Austin Automation Center (AAC) to the Austin Information Technology
Center (AITC).
Policies and Practices For Retention and Disposal of Records is
being amended to replace, ``Records will be maintained and disposed of
in accordance with records disposition authority approved by the
Archivist of the United States.'' with ``Maintain these records per
Record Control Schedule (RCS) 10-1 Subject Identification Code (SIC)
1203 series, these records are permanent records per N1-015-01-3, Item
3a and are to be transferred in 5 year block to the National Archives
and Records Administration (NARA)''.
Administrative, Technical, and Physical Safeguards is being amended
to include the registry is stored on a password protected system
located in a locked room. Registry application is Web-based and
accessible behind the VA firewall. Access to the facility is limited by
Personal Identity Verification access, security card, metal scanners at
the entrance, and security guards. This section is also being amended
to change the Austin Automation Center (AAC) to the Austin Information
Technology Center (AITC).
The Record Access Procedure and Notification Procedure are being
amended to replace Director, Environmental Agents Service (131) or the
Management/Program Analyst, Environmental Agents Service (131) with
Deputy Chief Consultant, Post Deployment Health Services (10P4Q).
The Report of Intent to Amend a System of Records Notice and an
advance copy of the system notice have been sent to the appropriate
Congressional committees and to the Director of the Office of
Management and Budget (OMB) as required by 5 U.S.C. 552a(r) (Privacy
Act) and guidelines issued by OMB (65 FR 77677), December 12, 2000.
Signing Authority: The Senior Agency Official for Privacy, or
designee, approved this document and authorized the undersigned to sign
and submit the document to the Office of the Federal Register for
publication electronically as an official document of the Department of
Veterans Affairs. James P. Gfrerer, Assistant Secretary for Information
and Technology and Chief Information Officer, Department of Veterans
Affairs, approved this document on May 13, 2019 for publication.
Dated: February 4, 2020.
Amy L. Rose,
Program Analyst, VA Privacy Service, Department of Veterans Affairs.
SYSTEM NAME AND NUMBER:
Agent Orange Registry--VA (105VA10P4Q)
SECURITY CLASSIFICATION:
Unclassified.
SYSTEM LOCATION:
Character-based data from Agent Orange Registry (AOR) are
maintained in a registry database at the Austin Information Technology
Center (AITC), 1615 Woodward Street, Austin, Texas 78772. The secure
Web-based data entry system is maintained by the AITC and provides
retrievable images to users.
SYSTEM MANAGER(S):
Deputy Chief Consultant, Post Deployment Health Services (10P4Q),
VA Central Office, 810 Vermont Avenue NW, Washington, DC 20420.
AUTHORITY FOR MAINTENANCE OF THE SYSTEM:
Public Law No: 102-4, Title 38 United States Code 527, Title 38
United States Code 1116, Public Law 102-585 Section 703, and Public Law
100-687.
PURPOSE(S) OF THE SYSTEM:
The purpose of this AOR system of records is to provide information
about: Veterans who have had an AOR examination at a VA facility; to
assist in generating hypotheses for research studies; provide
management with the capability to track patient demographics; reported
birth defects among Veterans' children; dioxin-related diseases;
planning and delivery of healthcare services and associated costs; and
with relation to claims for compensation which may assist in the
adjudication of claims possibly related to herbicide exposure although
more comprehensive medical records are required for evaluation of
subject claims.
CATEGORIES OF INDIVIDUALS COVERED BY THE SYSTEM:
Categories of individuals covered include Veterans who may have
been exposed to dioxin or other toxic substance in a herbicide or
defoliant during multiple periods and locations. These categories of
Veterans are described below:
1. Veterans with active military service in the Republic of Vietnam
between 1962 and 1975.
2. Veterans with active military service in the Republic of Korea
between 1968 and 1969.
3. Veterans that may have come in contact as a result of testing,
transporting or spraying herbicides for military purposes.
4. Veterans with possible exposure to Agent Orange in Vietnam on
land in or on a ship operating on the inland waterways of Vietnam
between January 9, 1962 and May 7, 1975.
5. Veterans with possible exposure to C-123 Airplanes and Agent
Orange Residue as C-123 Reservists who were assigned to flight, ground
or medical crew duties at Lockbourne/Rickenbacker Air Force Base in
Ohio (906th and 907th Tactical Air Groups or 355th and 356th Tactical
Airlift Squadron), Westover Air Force Base in Massachusetts (731st
Tactical Air Squadron and 74th Aeromedical Evacuation Squadron) or
Pittsburgh, Pennsylvania, International Airport (758th Airlift
Squadron) during the period 1969 to 1986.
6. Blue Water Veterans with possible exposure on open sea ships off
the shore of Vietnam during the Vietnam War. Ship categories include
the following:
[[Page 7410]]
(1) Ships operating primarily or exclusively on Vietnam's inland
waterways; (2) Ships operating temporarily on Vietnam's inland
waterways; (3) Ships that docked to shore or pier in Vietnam; (4) Ships
operating on Vietnam's close coastal waters for extended periods with
evidence that crewmembers went ashore; and (5) Ships operating on
Vietnam's close coastal waters for extended periods with evidence that
smaller craft from the ship regularly delivered supplies or troops
ashore. The list of U.S. Navy and Coast Guard ships that operated in
Vietnam can be viewed at this link: https://www.benefits.va.gov/compensation/claims-postservice-agent_orange.asp.
7. Veterans with Korean Demilitarized Zone exposure along the
demilitarized zone in Korea between April 1, 1968 and August 31, 1971.
8. Veterans with Thailand Military Bases exposure on or near the
perimeters of military bases between February 28, 1961 and May 7, 1975.
CATEGORIES OF RECORDS IN THE SYSTEM:
These records may contain the following information: VA facility
code identifier where the Veteran was examined or treated; VA medical
facility where the Veteran had the AOR examination; Veteran's name;
address; social security number; military service serial number; claim
number; date of birth; race/ethnicity; marital status; sex; branch of
service; periods of service; areas of service in Vietnam; list of
military units where Veteran served; method of exposure to herbicides;
Veteran's self-assessment of health; date of registry examination;
Veteran's complaints/symptoms; reported birth defects among Veteran's
children; consultations; diagnoses; disposition (hospitalized, referred
for outpatient treatment, etc.) and name and signature of examiner/
clinician coordinator, when available.
RECORD SOURCE CATEGORIES:
VA patient health records, various automated record systems
providing clinical and managerial support to VA healthcare facilities,
the Veteran, family members, and records from the Veterans Benefits
Administration, Department of Defense, Department of the Army,
Department of the Air Force, Department of the Navy and other Federal
agencies.
ROUTINE USES OF RECORDS MAINTAINED IN THE SYSTEM, INCLUDING CATEGORIES
OF USERS AND THE PURPOSES OF SUCH USES:
To the extent that records contained in the system include
information protected by 45 CFR parts 160 and 164, i.e., individually
identifiable health information, and 38 U.S.C. 7332, i.e., medical
treatment information related to drug abuse, alcoholism or alcohol
abuse, sickle cell anemia or infection with the human immunodeficiency
virus, that information cannot be disclosed under a routine use unless
there is also specific statutory authority in 38 U.S.C. 7332 and
regulatory authority in 45 CFR parts 160 and 164 permitting disclosure.
1. The record of an individual who is covered by 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 of records covered by this system, as deemed
necessary and proper to named individuals serving as accredited service
organization representatives, and other individuals named as approved
agents or attorneys for a documented purpose and period of time, to aid
beneficiaries in the preparation and presentation of their cases during
the verification and/or due process procedures, and in the presentation
and prosecution of claims under laws administered by VA.
3. A record containing the name(s) and address(es) of present or
former members of the armed services and/or their dependents may be
released from this system of records under certain circumstances: (a)
To any nonprofit organization if the release is directly connected with
the conduct of programs and the utilization of benefits under Title 38,
and (b) To any criminal or civil law enforcement governmental agency or
instrumentality charged under applicable law with the protection of the
public health or safety if a qualified representative of such
organization, agency or instrumentality has made a written request that
such name(s) or address(es) be provided for a purpose authorized by
law; provided, further, that the record(s) will not be used for any
purpose other than that stated in the request and that the
organization, agency or instrumentality is aware of the penalty
provision of 38 U.S.C. 5701(f).
4. Disclosure may be made to NARA and General Services
Administration (GSA) in records management inspections conducted under
authority of Title 44, Chapter 29, of the 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.
5. Disclosure of information, excluding name and address (unless
name and address is furnished by the requestor) for research purposes
determined to be necessary and proper, to epidemiological and other
research facilities approved by the Under Secretary for Health.
6. To conduct Federal research necessary to accomplish a statutory
purpose of an agency, at the written request of the head of the agency,
or designee of the head of that agency, the name(s) and address(es) of
present or former personnel or the Armed Services and/or their
dependents may be disclosed (a) To a Federal department or agency, or
(b) Directly to a contractor of a Federal department or agency. When a
disclosure of this information is to be made directly to the
contractor, VA may impose applicable conditions on the department,
agency, and/or contractor to insure the appropriateness of the
disclosure to the contractor.
7. VA may disclose any information in this system, except the names
and home addresses of Veterans and their dependents, which 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 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.
8. For program review purposes and the seeking of accreditation
and/or certification, disclosure may be made to survey teams of The
Joint Commission, College of American Pathologists, American
Association of Blood Banks, and similar national accreditation agencies
or boards with whom VA has a contract or agreement to conduct such
reviews but only to the extent that the information is necessary and
relevant to the review. VA healthcare facilities undergo certification
and accreditation by several national accreditation agencies or boards
to comply with regulations and good medical practices.
9. VA may disclose information in this system of records to the
Department of Justice (DoJ), either on VA's initiative or in response
to DoJ's request for the
[[Page 7411]]
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 limited to
circumstances where relevant and necessary to the litigation. VA may
disclose records in this system of records in legal proceedings before
a court or administrative body after determining that release of the
records to the court or administrative body is limited to circumstances
where relevant and necessary to the litigation.
10. 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.
11. VA may disclose any information or records to appropriate
agencies, entities, and persons when (1) VA suspects or has confirmed
that there has been a breach of the system of records; (2) VA has
determined that as a result of the suspected or confirmed breach there
is a risk to individuals, VA (including its information systems,
programs, and operations), the Federal Government, or national
security; and (3) the disclosure made to such agencies, entities, or
persons is reasonably necessary to assist in connection with VA efforts
to respond to the suspected or confirmed breach or to prevent,
minimize, or remedy such harm.
12. VA may disclose information from this system to another Federal
agency or Federal entity, when VA determines that information from this
system of records is reasonably necessary to assist the recipient
agency or entity in (1) responding to a suspected or confirmed breach
or (2) preventing, minimizing, or remedying the risk of harm to
individuals, the recipient agency or entity (including its information
systems, programs, and operations), the Federal Government, or national
security, resulting from a suspected or confirmed breach.
13. VA may disclose information from this system of records 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,
public or private agency, or other entity or individual with whom VA
has a contract or agreement to perform services under the contract or
agreement.
POLICIES AND PRACTICES FOR STORAGE OF RECORDS:
Data are stored electronically on a Web server hosted by the AITC.
Three levels of access are provided for the data that is input, using
password security linked to the AITC Top Secret Security system, with
mandated changes every 90 days. AITC stores registry tapes for disaster
back up at an off-site location.
POLICIES AND PRACTICES FOR RETRIEVAL OF RECORDS:
Records are retrieved by name of Veteran and social security
number.
POLICIES AND PRACTICES FOR RETENTION AND DISPOSAL OF RECORDS:
Maintain these records per Record Control Schedule (RCS) 10-1
Subject Identification Code (SIC) 1203 series, these records are
permanent records per N1-015-01-3, Item 3a and are to be transferred in
5-year blocks to NARA.
ADMINISTRATIVE, TECHNICAL, AND PHYSICAL SAFEGUARDS:
Registry data maintained at the AITC can only be updated by
authorized AITC personnel. The registry is stored on a password
protected system located in a locked room. Registry application is Web-
based and accessible behind the VA firewall. Access to the facility is
limited by Personal Identity Verification access, security card, metal
scanners at the entrance, and security guards.
Data are securely located behind the VA firewall and only
accessible from the VA Local Area Network (LAN) through the VA
Intranet. AITC reports are also accessible through a telecommunications
network on a read-only basis to the owner (VA facility) of the data.
Access is limited to authorized employees by individually unique access
codes which are changed periodically.
Physical access to the AITC is generally restricted to AITC staff,
VA Central Office staff, custodial personnel, Federal Protective
Service and authorized operational personnel through electronic locking
devices. All other persons gaining access to the computer rooms are
escorted. Backup records are stored off-site and safeguarded in secured
storage areas. A disaster recovery plan is in place and system recovery
is tested at an off-site facility in accordance with established
schedules.
RECORD ACCESS PROCEDURE:
An individual who seeks access to records maintained under his or
her name may write or visit the nearest VA facility or write to the
Deputy Chief Consultant, Post Deployment Health Services (10P4Q), VA
Central Office, 810 Vermont Avenue NW, Washington, DC 20420.
CONTESTING RECORD PROCEDURES:
(See Record Access Procedures above.)
NOTIFICATION PROCEDURE:
An individual who wishes to determine whether a record is being
maintained in this system under his or her name or other personal
identifier, or wants to determine the contents of such record, should
submit a written request or apply in person to the last VA facility
where medical care was provided or submit a written request to the
Deputy Chief Consultant, Post Deployment Health Services (10P4Q), VA
Central Office, 810 Vermont Avenue NW, Washington, DC 20420. Inquiries
should include the Veteran's name, social security number and return
address.
EXEMPTIONS PROMULGATED FOR THE SYSTEM:
None.
HISTORY:
Last full publication provided in 68 FR 75025 dated December 29,
2003.
[FR Doc. 2020-02478 Filed 2-6-20; 8:45 am]
BILLING CODE 8320-01-P