[Federal Register Volume 65, Number 199 (Friday, October 13, 2000)]
[Notices]
[Pages 61022-61025]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 00-26294]


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DEPARTMENT OF VETERANS AFFAIRS


Privacy Act of 1974; System of Records

AGENCY: Department of Veterans Affairs (VA).

ACTION: Notice of Amendment to System of Records--Veterans, Dependents 
of Veterans, and VA Beneficiary Survey Records--VA (43VA008) (formerly 
43VA71).

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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 system of records. Notice is hereby given that VA is 
amending a system of records entitled ``Veterans, Dependents of 
Veterans, and VA Beneficiary Survey Records (43VA71)'' as set forth in 
the Federal Register 40 FR 38095 (August 26, 1975) and amended at 48 FR 
52798 (November 22, 1983) and 54 FR 20667 (May 12, 1989). VA is 
amending the system number and the paragraphs on System Location; 
Categories of Records in the System; Authority for Maintenance of the 
System; Policies and Practices for Storing, Retrieving, Accessing, 
Retaining, and Disposing of Records in the System; including 
Safeguards; System Manager(s) and Address; and Record Source 
Categories. VA is adding paragraphs on Purpose(s) and Routine Uses of 
Records Maintained in the System, including Categories of Users and the 
Purpose of Such Uses.

DATES: Comments on the establishment of this amended system of records 
must be received no later than November 13, 2000. If no public comment 
is received during the period allowed for comment or unless otherwise 
published in the Federal Register by VA, the system will become 
effective November 13, 2000.

ADDRESSES: Comments may be submitted to Director, Office of Regulations 
Management (02D), Department of Veterans Affairs, 810 Vermont Avenue, 
NW, Washington, DC 20420. Comments will be available for public 
inspection at the above address in the Office of Regulations 
Management, Room 1154, between the hours of 8 a.m. and 4:30 p.m., 
Monday through Friday, excluding Federal holidays.

FOR FURTHER INFORMATION CONTACT: Susan Krumhaus, Department of Veterans 
Affairs, Program Analysis Service (008A1), 810 Vermont Avenue, NW, 
Washington, DC 20420, (202) 273-5108.

SUPPLEMENTARY INFORMATION: The number of the system is changed to 
43VA008 to reflect the new designation for the Office of the Assistant 
Secretary for Planning and Analysis.
    The system location is changed to reflect the new name of VA Data 
Processing Center in Austin, Texas, which is now known as the Austin 
Automation Center (AAC).
    The paragraph concerning the categories of records in the system 
has been amended to more accurately reflect the records maintained in 
the system. Additionally, VA is amending the categories of records to 
reflect the fact that VA may also include information obtained from 
other VA systems of records, the Department of Defense (DoD), and the 
Department of Health and Human Services (HHS).
    Information in this system of records is obtained from survey 
questionnaire

[[Page 61023]]

data provided by veterans, dependents, or VA beneficiaries in a survey 
sample and from veterans, dependents, or VA beneficiaries on specific 
VA benefit rolls. Information may also be obtained from the Patient 
Medical Records System (24VA136); the Patient Fee Basis Medical and 
Pharmacy Records (23VA136); Veterans and Beneficiaries Identification 
and Records Location Subsystem (38VA23); Compensation, Pension, 
Education and Rehabilitation Records (58VA21/22); and Health Care 
Eligibility Center Records (89VA19); DoD utilization files and Defense 
Eligibility Enrollment Reporting System (DEERS); HHS records; 
Department of Commerce (DOC) records; and the Health Care Financing 
Administration (HCFA) Denominator file, Standard Analytical files 
(inpatient, outpatient, physician supplier, nursing home, hospice, home 
care, durable medical equipment) and Group Health Plan.
    Specific request files, referred to as finder files, will be 
created for use in submitting requests for veteran-specific data from 
HHS, HCFA, DoD, or other non-VA data sources. Survey records will be 
supplemented by including information from the matched HCFA and DoD 
data records.
    Data in the system of records may include:
    1. Personal identifiers (respondents' names, addresses, social 
security numbers, phone numbers, employer identification numbers);
    2. Demographic and socioeconomic characteristics (date of birth, 
sex, race/ethnicity, education, marital status, employment and 
earnings, financial information, business ownership information);
    3. Military service information;
    4. Health status information (diagnostic, health care utilization 
cost, and third-party health plan information); and
    5. VA benefit information (VA medical and other benefit eligibility 
and usage, data on access and barriers to VA benefits or services, data 
on satisfaction with VA benefits or services).
    The records may also include information about DoD military 
personnel from two categories of DoD files:
    1. Utilization files that contain inpatient and outpatient records; 
and
    2. Eligibility files from DEERS, which include data about all 
military personnel including those discharged from the armed services 
since 1972.
    The records may include information on Medicare beneficiaries from 
HCFA databases:
    1. Denominator file (identifies the population being studied);
    2. Standard Analytical files (inpatient, outpatient, physician 
supplier, nursing home, hospice, home care, durable medical equipment); 
and
    3. Group Health Plan.
    VA is amending the authority for maintaining the records to reflect 
the statutory authority after recodification of Title 38, United States 
Code, as well as legislation enacted since the system notice was 
previously published.
    VA is adding a paragraph stating the purposes for which VA is 
gathering and maintaining the records in this system of records.
    Under section 527 of Title 38, U.S.C. and the Government 
Performance and Results Act of 1993, Public Law 103-62, VA is required 
to measure and evaluate, on an ongoing basis, the effectiveness of VA 
benefit programs and services. To do this function, VA must collect 
data through surveys that may be augmented from existing VA systems of 
records and with information from non-VA sources to:
    1. Conduct statistical studies and analyses relevant to VA programs 
and services for America's veterans. Statistical reports will not 
contain personal identifiers.
    2. Plan and improve services provided to America's veterans;
    3. Decide about VA policies, programs, and services for veterans;
    4. Study VA's role in the use of VA and non-VA benefits and 
services by America's veterans; and
    5. Study the relationship between the use of VA benefits and 
services by veterans and their use of related benefits and services 
from non-VA sources.
    VA will not use this system, to take any adverse action against, or 
to change the benefits of, an individual veteran.
    VA is proposing to establish the following routine use disclosures 
of information maintained in the system:
    1. Disclosure of identifying information such as names, social 
security numbers, demographic and utilization data may be made to 
Federal agencies such as the DoD, DOC, and HHS to augment or validate 
survey data for use in statistical studies such as describing VA's role 
in total benefit coverage and forecasting future demand for VA benefits 
and services.
    2. Disclosure of identifying information such as the employer 
identification number may be made to the DOC to receive summary 
business data to study the growth of veteran-owned businesses by area 
and industry.
    3. Disclosure may be made to the National Archives and Records 
Administration (NARA) and the General Services Administration (GSA) for 
records management inspections conducted under the authority of Title 
44, United States Code.
    4. Disclosure may be made to individuals, organizations, private or 
public agencies, etc. with whom VA has a contract or agreement for the 
contractor or subcontractor to perform the services of the contract or 
agreement. VA must be able to provide information to contractors or 
subcontractors with whom VA has a contract or agreement in order to 
perform the services of the contract or agreement.
    Release of information from these records will be made for research 
and administrative uses. The Privacy Act permits VA to disclose 
information about individuals without their consent for routine uses 
when the information will be used for purposes that are compatible with 
the purposes for which VA collected the information. In all of the 
routine use disclosures described above, either 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. VA has determined that 
release of information for these purposes is a necessary and proper use 
of information and that specific routine uses for transfer of this 
information are appropriate.
    VA is amending the policies and practices of the agency concerning 
storage of the data to reflect technological changes.
    VA is amending the retrieval paragraph to more concisely state VA's 
retrieval practice for this system of records.
    VA is amending the safeguards paragraph to more fully describe its 
security procedures for protecting the records, as well as reflect 
procedures adopted since last publication.
    VA is amending the retention and disposal paragraph to reflect that 
VA's retention and disposal policy has been approved by the Archivist 
of the United States.
    VA is amending the system manager paragraph to reflect the change 
in the agency official responsible for maintaining the system of 
records as a result of a reorganization of this office.
    VA is amending the paragraph listing the records source categories 
to include the various sources that VA will use to gather information 
for this system of records. The rationale for gathering records from 
these sources is stated in the earlier discussion of the purpose for 
maintaining these records.


[[Page 61024]]


    Approved: September 29, 2000.
Hershel W. Gober,
Acting Secretary of Veterans Affairs.
43VA008

System Name:
    Veterans, Dependents of Veterans, and VA Beneficiary Survey 
Records.

System Location:
    Computerized records will be maintained at the following computer 
site locations: VA Austin Automation Center, 1615 Woodward Street, 
Austin, Texas 78722; VA Central Office, 810 Vermont Avenue, NW, 
Washington, DC 20420; or with private contractors acting as agents of 
VA. Paper records are stored at the Washington National Records Center 
(WNRC) or with private contractors acting as agents of VA.

Categories of Individuals Covered by the System:
    The following categories of individuals are covered by this system:
    1. Veterans,
    2. Dependents of veterans, and
    3. Other VA Beneficiaries.

Categories of Records in the System:
    The categories of records in the system may include:
    1. Personal identifiers (respondents' names, addresses, phone 
numbers, social security numbers, employer identification numbers);
    2. Demographic and socioeconomic characteristics (e.g., date of 
birth, sex, race/ethnicity, education, marital status, employment and 
earnings, financial information, business ownership information);
    3. Military service information;
    4. Health status information (diagnostic, health care utilization 
cost, and third-party health plan information); and
    5. VA benefit information (VA medical and other benefit eligibility 
and use, data on access and barriers to VA benefits of services, data 
about satisfaction with VA benefits or services).
    The records may also include information about DoD military 
personnel from two categories of DoD files:
    1. Utilization files that contain inpatient and outpatient records, 
and
    2. Eligibility files from DEERS which includes data about all 
military personnel including those discharged from the armed services 
since 1972.
    The records may include information on Medicare beneficiaries from 
HCFA databases:
    1. Denominator file (identifies the population being studied);
    2. Standard Analytical files (inpatient, outpatient, physician 
supplier, nursing home, hospice, home care, durable medical equipment); 
and
    3. Group Health Plan.

Authority for Maintenance of the System:
    Under section 527 of Title 38 U.S.C. and the Government Performance 
and Results Act of 1993, Public Law 103-62.

Purpose(s):
    The purpose of this system of records is to collect data about the 
characteristics of America's veteran population through surveys that 
may be augmented with information from several existing VA systems of 
records and with information from non-VA sources to:
    1. Conduct statistical studies and analyses relevant to VA programs 
and services for America's veterans.
    2. Plan and improve services provided to America's veterans;
    3. Decide about VA policies, programs, and services for veterans;
    4. Study VA's role in the use of VA and non-VA benefits and 
services by America's veterans; and
    5. Study the relationship between the use of VA benefits and 
services by veterans and their use of related benefits and services 
from non-VA sources. These types of studies are needed for VA to 
forecast future demand for VA benefits and services.

Routine Uses of Records Maintained in the System, Including Categories 
of Users and the Purpose of Such Uses:
    Information from this system of records may be disclosed in 
accordance with the following routine uses:
    1. Disclosure of identifying information such as names, social 
security numbers, and demographic and utilization data may be made to 
Federal agencies such as the DoD, DOC, and HHS to augment or validate 
survey data for use in statistical studies such as describing VA's role 
in total benefit coverage and forecasting future demand for VA benefits 
or services.
    2. Disclosure of identifying information such as the employer 
identification number may be made to the DOC to receive summary 
business data to study the growth of veteran-owned businesses by area 
and industry.
    3. Disclosure may be made to the NARA and the GSA for records 
management inspections conducted under the authority of 44 U.S.C. 2904 
and 2906.
    4. Disclosure may be made to individuals, organizations, private or 
public agencies, etc. with whom VA has a contract or agreement for the 
contractor or subcontractor to perform the services of the contract or 
agreement.

Policies and Practices for Storing, Retrieving, Accessing, Retaining 
and Disposing of Records in the System Storage:
    Electronic data are maintained on magnetic tape, disk, or laser 
optical media. Records may also be stored on paper documents.

Retrievability:
    Records may be retrieved by name, address, social security number, 
date of birth, or a combination of identifiers that are unique when 
used in combination.

Safeguards
    1. Access to and use of these records are limited to those persons 
whose official duties require such access. Personnel screening is 
employed to prevent unauthorized disclosure.
    2. Access to Automated Data Processing (ADP) files is controlled by 
using an individual unique password entered in combination with an 
individually unique user identification code.
    3. Access to automated records containing identification codes and 
codes used to access various VA automatic communications systems and 
records systems, as well as security profiles and possible security 
violations, is limited to designated automated systems security 
personnel who need to know the information in order to maintain and 
monitor the security of VA's automated communications and veteran's 
claim records systems. Access to these records in automated form is 
controlled by individually unique passwords/codes. Agency personnel 
have access to the information on a need to know basis when necessary 
to advise agency security personnel, to suspend or revoke access 
privileges, or to make disclosures authorized by a routine use.
    4. Access to VA facilities where identification codes, passwords, 
security profiles and possible security violations are maintained is 
controlled at all hours by the Federal Protective Service, VA, or other 
security personnel and security access control devices.
    5. Public use files prepared for purposes of research and analysis 
are purged of personal identifiers.
    6. Paper records, when they exist, are maintained in a locked room 
at the WNRC. The Federal Protective Service protects paper records from 
unauthorized access.
    7. Both paper and electronic data maintained by contractors are 
held in equally secure conditions.

[[Page 61025]]

Retention and Disposal:
    Records will be maintained and disposed of in accordance with the 
records disposal authority approved by the Archivist of the United 
States and the NARA and published in Agency Records Control Schedules.

System Manager(s) and Address:
    Director, Department of Veterans Affairs, Program Analysis Service 
(008A1), 810 Vermont Avenue, NW, Washington, DC 20420.

Notification Procedure:
    An individual who wants to determine whether the Director, Program 
Analysis Service (008A1) is maintaining a record under the individual's 
name or other personal identifier or wants to determine the content of 
such records must submit a written request to the Director, Program 
Analysis Service (008A1). The individual seeking this information must 
prove his or her identity and provide the name of the survey in 
question, approximate date of the survey, social security number, full 
name, and date of birth

Records Access Procedures:
    An individual who seeks access to records maintained under his or 
her name or other personal identifier may write the System Manager 
named above and specify the information being requested or contested.

Contesting Record Procedures:
    (See Records Access Procedures.)

Records Source Categories:
    Information in this system of records is obtained from survey 
questionnaire data provided by veterans, dependents, or VA 
beneficiaries in a survey sample and from veterans, dependents, or 
beneficiaries on specific VA benefit rolls. Information may also be 
obtained from the Patient Medical Records System (24VA136), the Patient 
Fee Basis Medical and Pharmacy Records (23VA136); Veterans and 
Beneficiaries Identification and Records Location Subsystem (38VA23); 
Compensation, Pension, Education, and Rehabilitation Records (58VA21/
22); Health Care Eligibility Center Records (89VA19); DoD utilization 
files and DEERS files; and HCFA Denominator file, Standard Analytical 
files (inpatient, outpatient, physician supplier, nursing home, 
hospice, home care, durable medical equipment) and Group Health Plan.

[FR Doc. 00-26294 Filed 10-12-00; 8:45 am]
BILLING CODE 8320-01-M