Privacy Act Of 1974; System of Records, 42010-42012 [2023-13680]

Agencies

• DEPARTMENT OF VETERANS AFFAIRS

[Federal Register Volume 88, Number 123 (Wednesday, June 28, 2023)]
[Notices]
[Pages 42010-42012]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-13680]



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DEPARTMENT OF VETERANS AFFAIRS


Privacy Act Of 1974; System of Records

AGENCY: Department of Veterans Affairs (VA), Veterans Health 
Administration (VHA).

ACTION: Notice of a Modified System of Records.

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SUMMARY: Pursuant to the Privacy Act of 1974, notice is hereby given 
that the VA is modifying the system of records entitled, ``Blood Donor 
Information-VA'' (04VA10P4D) as set forth in the Federal Register. This 
system is used to track donor medical history, donation intervals, 
results of donor testing, as well as report positive or abnormal test 
results, blood and hematopoietic progenitor cells (HPC) and/or blood 
components produced from the donation.

DATES: Comments on this amended system of records must be received no 
later than 30 days after date of publication in the Federal Register. 
If no public comment is received during the period allowed for comment 
or unless otherwise published in the Federal Register by the VA, the 
modified system of records will become effective a minimum of 30 days 
after date of publication in the Federal Register. If VA receives 
public comments, VA shall review the comments to determine whether any 
changes to the notice are necessary.

ADDRESSES: Comments may be submitted through www.Regulations.gov or 
mailed to VA Privacy Service, 810 Vermont Avenue NW, (005X6F), 
Washington, DC 20420. Comments should indicate that they are submitted 
in response to ``Blood Donor Information-VA'' (04VA10P4D). Comments 
received will be available at www.Regulations.gov for public viewing, 
inspection or copies.

FOR FURTHER INFORMATION CONTACT: Stephania Griffin, VHA Chief Privacy 
Officer, Department of Veterans Affairs, 810 Vermont Avenue NW, 
Washington, DC 20420; telephone (704) 245-2492 (Note: this is not a 
toll-free number).

SUPPLEMENTARY INFORMATION: VA is amending the system of records by 
revising the System Name; System Number; System Location; System 
Manager; Categories of Records in the System; Records Source 
Categories; Routine Uses of Records Maintained in the System; Policies 
and Practices for Retrieval of Records; Policies and Practices for 
Retention and Disposal of Records; and Administrative, Technical and 
Physical Safeguards. VA is republishing the system notice in its 
entirety.
    The System Name is being updated from ``Blood Donor Information-
VA'' to ``Blood Product and Information-VA''
    The System Number is being updated from 04VA10P4D to 04VA10 to 
reflect the current VHA organizational routing symbol.
    The System Location is being updated to include ``HPC (stem cells) 
records are maintained at the South Texas VA Health Care System.'' The 
System Manager is updated to replace ``Chief Consultant, Diagnostic 
Services (10P4D)'', with ``Executive Director, Pathology and Laboratory 
Medicine. Telephone number 858-642-3511 (this is not a toll-free 
number).''
    The Purpose of the System, Categories of Records in the System, and 
Policies and Practices for Retrieval of Records are being modified to 
include ``HPC'' or ``HPC (stem cells).''
    The Records Source Categories is being updated to include: ``5. HPC 
counts.'' ``6. VA information systems, such as the Veterans Health 
Information System and Technology Architecture (VistA).''
    Routine Use #2 is being updated to reflect the following language, 
``Referral to Non-VA Health Care Provider: To a non-VA health care 
provider or institution when VA refers a patient for medical service. 
These disclosures may be made: blood availability, location, quantity 
on hand, and blood type for use by the area donor collection 
coordinators to answer and fill requests from health care facilities in 
need of type-specific blood. For HPC products, disclosure from bone 
marrow transplant physicians for the availability, transfer and 
infusion of stored products.''
    Routine Use #5 is being deleted and updated as it is duplicative of 
Routine Use #6. Routine Use #5 is being updated to state ``Data Breach 
Response and Remediation, for VA: 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.''
    Policies and Practices for Retention and Disposal of Records being 
updated to remove ``Section VIII-Laboratory Services of the VHA Records 
Control Schedule 10-1, Item number 113-31/36, National Archives and 
Records Administration under the National Archives Job No. N1-15-02-
04.'' This section is being updated to state, ``The records are 
disposed of in accordance with VHA Records Control Schedule 10-1, Item 
Number 7100.1-7100.27.''
    Administrative, Technical and Physical Safeguards is being updated 
to remove, ``Employees file records and file records of public figures 
or otherwise sensitive medical record files are stored in separate 
locked files,'' from #1.
    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. Kurt D. 
DelBene, Assistant Secretary for Information and Technology and Chief 
Information Officer, approved this document on May 10, 2023 for 
publication.

    Dated: June 22, 2023.
Amy L. Rose,
Government Information Specialist, VA Privacy Service, Office of 
Compliance, Risk and Remediation, Office of Information and Technology, 
Department of Veterans Affairs.

SYSTEM NAME AND NUMBER:
    ``Blood Product and Information-VA'' (04VA10)

SECURITY CLASSIFICATION:
    Unclassified.

SYSTEM LOCATION:
    Blood donor records are maintained at VA health care facilities 
that currently or previously collected blood donations. Hematopoietic 
Progenitor Cells (HPC) (stem cells) records are maintained at the South 
Texas VA Health Care System. Addresses are listed in VA Appendix I of 
the biennial publication of Privacy Act Issuances.

SYSTEM MANAGER(S):
    Executive Director, Pathology and Laboratory Medicine, Department 
of

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Veterans Affairs, 810 Vermont Avenue NW, Washington, DC 20420. 
Telephone number 858-642-3511 (this is not a toll-free number).

AUTHORITY FOR MAINTENANCE OF THE SYSTEM:
    38 U.S.C. 501; 21 CFR 200-299, 600-680; 42 CFR 493.1105.

PURPOSE(S) OF THE SYSTEM:
    The purpose of these records is to track donor and patient medical 
history, donation intervals, results of infectious disease testing, as 
well as reporting positive or abnormal test results for HPC and/or 
blood components produced from the donation.

CATEGORIES OF INDIVIDUALS COVERED BY THE SYSTEM:
    These records include information on individuals who donate or have 
donated blood or HPC products at a VHA health care facility or blood 
bank for patient care.

CATEGORIES OF RECORDS IN THE SYSTEM:
    The blood donor and HPC records may contain sufficient information 
(i.e., donor name, Social Security number, or other unique identifier, 
date of donation, and type of donation, type of components produced by 
the donation, mandated tests results, and disposition of the HPC, blood 
or blood component) to provide a mechanism to track a blood or HPC 
product from the time of donor or patient registration through the 
final disposition of each prepared blood product or HPC from that 
donation. For this system of records, final disposition is defined as 
transferred, transfused, or discarded.

RECORD SOURCE CATEGORIES:
    Record sources include the following:
    1. Blood donor. 2. Private hospitals and local blood banks. 3. 
Private physicians. 4. Non-VA Laboratories. 5. HPC counts. 6. VA 
information systems, such as VistA.

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 of VHA or any of its business 
associates, 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 
disclosure authority in both 38 U.S.C. 7332 and 45 CFR parts 160, 161, 
and 164.
    1. Blood or HPC Source: To Federal, State, local, and tribal 
medical facilities regarding the source from which blood or HPC was 
received. Such requests may be initiated by a qualified medical 
practitioner in the event that a donor's or patient's medical condition 
warrants it.
    2. Non-VA Health Care Provider: To a non-VA health care provider or 
institution when VA refers a patient for medical service. These 
disclosures may be made: blood availability, location, quantity on 
hand, and blood type for use by the area donor collection coordinators 
to answer and fill requests from health care facilities in need of 
type-specific blood. For HPC products, disclosure from bone marrow 
transplant physicians for the availability, transfer and infusion of 
stored products.
    3. Law Enforcement: To a Federal, state, local, territorial, 
tribal, or foreign law enforcement authority or other appropriate 
entity charged with the responsibility of investigating or prosecuting 
such violation or charged with enforcing or implementing such law, 
provided that the disclosure is limited to information that, either 
alone or in conjunction with other information, indicates a violation 
or potential violation of law, whether civil, criminal or regulatory in 
nature. The disclosure of the names and addresses of Veterans and their 
dependents from VA records under this routine use must also comply with 
the provisions of 38 U.S.C. 5701.
    4. Congress: To a Member of Congress or staff acting upon the 
Member's behalf when the Member or staff requests the information on 
behalf of, and at the request of, the individual who is the subject of 
the record.
    5. Data Breach Response and Remediation, for VA: 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.
    6. National Archives and Records Administration (NARA): To NARA in 
records management inspections conducted under 44 U.S.C. 2904 and 2906, 
or other functions authorized by laws and policies governing NARA 
operations and VA records management responsibilities.
    7. Contractors: To contractors, grantees, experts, consultants, 
students, and others performing or working on a contract, service, 
grant, cooperative agreement or other assignment for VA, when 
reasonably necessary to accomplish an agency function related to the 
records.
    8. Department of Justice (DOJ), Litigation, Administrative 
Proceeding: To DOJ, or in a proceeding before a court, adjudicative 
body, or other administrative body before which VA is authorized to 
appear, when:
    (a) VA or any component thereof;
    (b) Any VA employee in his or her official capacity;
    (c) Any VA employee in his or her individual capacity where DOJ has 
agreed to represent the employee; or
    (d) The United States, where VA determines that litigation is 
likely to affect the agency or any of its components is a party to such 
proceedings or has an interest in such proceedings, and VA determines 
that use of such records is relevant and necessary to the proceedings.
    9. Federal Agencies, Fraud and Abuse: To other Federal agencies in 
order to assist such agencies in preventing and detecting possible 
fraud or abuse by individuals in their operations and programs.
    10. Data Breach Response and Remediation, for Another Federal 
Agency: 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.

POLICIES AND PRACTICES FOR STORAGE OF RECORDS:
    Records are maintained on paper documents and electronic media.

POLICIES AND PRACTICES FOR RETRIEVAL OF RECORDS:
    1. All manual records in this system are retrieved by name and 
social security number or other unique identifier of donor, cross-
indexed by blood type. 2. All electronic records in this system are 
retrieved by name, unique identifier, social security number, blood 
type, antibodies and date of last donation.

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POLICIES AND PRACTICES FOR RETENTION AND DISPOSAL OF RECORDS:
    The records in this system are retained and disposed of in 
accordance with the schedule approved by the Archivist of the United 
States, VHA Records Control Schedule 10-1, Item number 7100.1-7100.27.

ADMINISTRATIVE, TECHNICAL, AND PHYSICAL SAFEGUARDS:
    1. Access to VA working space and record storage areas is 
restricted to VA employees on a ``need-to-know'' basis. Generally, VA 
file areas are locked after normal duty hours and are protected from 
outside access by the Federal Protective Service. Strict control 
measures are enforced to ensure that disclosure is limited to a ``need 
to know'' basis.
    2. Strict control measures are enforced to ensure that access to 
and disclosure of all records, including electronic files, are limited 
to VA employees whose official duties warrant access to those files. 
The system recognizes authorized employees by a series of individually 
unique passwords/codes and the employees are limited to only that 
information in the file which is needed in the performance of their 
official duties.

RECORD ACCESS PROCEDURES:
    Individuals seeking information on the existence and content of 
records in this system pertaining to them should contact the system 
manager in writing as indicated above or inquire in person at the VA 
health care facility where medical service was provided or volunteered. 
A request for access to records must contain the requester's full name, 
address, telephone number, be signed by the requester, and describe the 
records sought in sufficient detail to enable VA personnel to locate 
them with a reasonable amount of effort.

CONTESTING RECORD PROCEDURES:
    Individuals seeking to contest or amend records in this system 
pertaining to them should contact the system manager in writing as 
indicated above or inquire in person at the VA health care facility 
where they normally receive their care. A request to contest or amend 
records must state clearly and concisely what record is being 
contested, the reasons for contesting it and the proposed amendment to 
the record.

NOTIFICATION PROCEDURE:
    Generalized notice is provided by the publication of this notice. 
For specific notice, see Record Access Procedure, above.

EXEMPTIONS PROMULGATED FOR THE SYSTEM:
    None.

HISTORY:
    66 FR 20860 (April 25, 2001), 73 FR 74574 (December 8, 2008), 80 FR 
58815 (September 30, 2015).

[FR Doc. 2023-13680 Filed 6-27-23; 8:45 am]
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