[Federal Register Volume 74, Number 60 (Tuesday, March 31, 2009)]
[Notices]
[Pages 14613-14618]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E9-7160]


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DEPARTMENT OF VETERANS AFFAIRS


Privacy Act of 1974

AGENCY: Department of Veterans Affairs (VA).

ACTION: Notice of establishment of a new system of records.

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SUMMARY: The Privacy Act of 1974, 5 U.S.C. 552(e)(4), requires that all 
agencies publish in the Federal Register a notice of the existence and 
character of their systems of records. Notice is hereby given that the 
Department of Veterans Affairs (VA) is establishing a new system of 
records entitled ``Automated Safety Incident Surveillance and Tracking 
System-VA'' (99VA13).

DATES: Comments on the establishment of this new system of records must 
be received no later than April 30, 2009. If no public comment is 
received, the new system will become effective April 30, 2009.

ADDRESSES: Written comments may be submitted through http://www.Regulations.gov; by mail or hand-delivery to the Director, 
Regulations Management (02REG), Department of Veterans Affairs, 810 
Vermont Ave., NW., Room 1068, Washington, DC 20420; or by fax to (202) 
273-9026. 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 a.m. and 4:30 p.m. Monday through Friday 
(except holidays). Please call (202) 461-4902 for an appointment. In 
addition, during the comment period, comments may be viewed Online 
through the Federal Docket Management System (FDMS).

FOR FURTHER INFORMATION CONTACT: Veterans Health Administration (VHA ) 
Privacy Officer, Department of Veterans Affairs, 810 Vermont Avenue, 
NW., Washington, DC, 20420, telephone (704) 245-2492.

SUPPLEMENTARY INFORMATION: In accordance with the Privacy Act of 1974 
(5 U.S.C. 552a(e)(4)), the Department of Veterans Affairs (VA) 
published a notice of a new system of records entitled ``Automated 
Safety Incident Surveillance and Tracking System-VA'' (99VA13) 
(ASISTS). 71 FR 62347 (Oct. 24, 2006). If no comments were received 
during the 30-day comment period, the system of records was to be 
effective on November 24, 2006. Due to comments that were received and 
indication that additional comments may be submitted, notice was 
provided that the system of records would not be effective until 
October 9, 2007. 71 FR 67957 (Nov. 24, 2006); 72 FR 17631 (Apr. 9, 
2007). Due to comments received during that time, VA has revised the 
system notice and republishing the notice in its entirety.

I. Description of Proposed Systems of Records

    The Automated Safety Incident Surveillance and Tracking System 
(ASISTS) is a bifurcated information system used to manage work-related 
injuries and illnesses by identifying, characterizing, and tracking 
occupational injuries and illnesses and the progress of injured or ill 
current and former employees, trainees, contractors, subcontractors, 
volunteers, and other individuals working with or performing services 
for VA. In limited circumstances, when such an individual chooses to 
file a workers' compensation claim with the Department of Labor (DoL), 
data required to file the claim is entered into the claim form that is 
then submitted to DoL. For the purpose of this system of records, 
current and former employees, trainees, contractors, subcontractors, 
volunteers, and other individuals working with or performing services 
for VA are characterized collectively as employees.
    With respect to occupational safety, information regarding a 
workplace injury or illness, including the description of the incident, 
any correction action taken, results of any investigation, and 
recommendations for employees' safety and health, is entered into 
ASISTS by the supervisor of an injured or ill employee and the health 
and safety personnel of the facility. These records are used to 
identify specific incidents of work-related injuries and illnesses; 
track and evaluate services and medical care of injured or ill workers; 
and determine emerging causes, clusters of incidents, and outbreaks. In 
addition, VA uses the information to identify system-wide problems and 
opportunities for focused education; evaluate through statistical 
analysis the effectiveness health and safety systems; develop and 
manage the planning, distribution, and utilization of resources; and 
support further research in the area of occupational medicine. Some of 
this data is then compiled for reporting to the Occupational Safety and 
Health Administration (OSHA) of the Department of Labor (DoL), in 
accordance with the 29 CFR part 1960. Further, the records may be used 
by institutional members of an accident review board or an incident 
review board, a multidisciplinary group of health and safety 
professionals and representatives from human resources, safety, 
occupational health, and unions/labor representatives and infection 
control to determine root causes of injuries and illnesses; and by VA 
hospitals and regional offices, VA Central Office, and the VA Office of 
Inspector General (OIG) for audits, reviews, and investigations of such 
events.
    Where one of the injured or ill employees whose information is 
captured in the system chooses to file a workers' compensation claim 
under the Federal Employee Compensation Act (FECA), 5 U.S.C. 8101 et 
seq., ASISTS provides a mechanism for electronic transmission of claims 
to the DoL Office of Workers' Compensation Programs (OWCP). For those 
employees who do

[[Page 14614]]

not file workers' compensation claims for their injuries or illnesses, 
no records pertaining to them exist in this portion of ASISTS. ASISTS 
is a bifurcated system that is protected by access control: 
authentication of users and authorization of those users' access and 
actions only in accordance with their permission levels. Information 
entered into claim forms is maintained and accessed separately from the 
rest of the system. Further, that data is entered by only the employee, 
his or her supervisor, and the workers' compensation personnel of the 
facility, and no other individual has access to those records.
    Although this system facilitates the filing of workers' 
compensation claims, information used only to complete claims under the 
FECA, including the employee's own description of the incident, is not 
part of this system of records. ASISTS does not contain, in whole or in 
part, any exact duplicates or identical copies of FECA claim records. 
Rather, the official workers' compensation claim file is part of OWCP's 
government-wide system of records entitled Office of Workers' 
Compensation Programs, Federal Employees' Compensation Act Files (DOL/
GOVT-1) and is not covered by this system. To the extent that any data 
in ASISTS is derived from FECA claim forms, that information will be 
treated as DOL/GOVT-1 records and disclosed only in accordance with the 
routine uses in that system.

II. Proposed Routine Use Disclosures of Data in the System

    VA proposes to establish the following routine use disclosures of 
information that will be maintained in the system:
    1. VA may disclose on its own initiative any information in this 
system, except the names and 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, or 
foreign agency charged with the responsibility of investigating or 
prosecuting such violation, or charged with enforcing or implementing 
the statute, regulation, rule, or order. VA may also disclose on its 
own initiative the names and addresses of veterans and their dependents 
to a Federal agency charged with the responsibility of investigating or 
prosecuting civil, criminal, or regulatory violations of law, or 
charged with enforcing or implementing the statute, regulation, rule, 
or order.
    VA must be able to disclose information within its possession on 
its own initiative that pertains to a violation of law to the 
appropriate authorities in order for them to investigate and enforce 
those laws. VA may disclose the names and home addresses of veterans 
and their dependents only to Federal entities with law enforcement 
responsibilities under 38 U.S.C. 5701(a) and (f). Accordingly, VA has 
so limited this routine use.
    2. VA may disclose information to a Congressional office from the 
record of an individual in response to an inquiry from the 
Congressional office made on behalf of and at the request of that 
individual.
    Individuals sometimes request the help of a Member of Congress in 
resolving some issue relating to a matter before VA. When the Member of 
Congress writes VA, VA must be able to provide sufficient information 
to be responsive to the inquiry. This routine use is consistent with 
guidance from the Office of Management and Budget (OMB), issued on 
October 3, 1974, that directed all Federal agencies to insert this 
language in their systems of records. (http://www.whitehouse.gov/omb/inforeg/lynn1975.pdf).
    3. VA may disclose information to the National Archives and Records 
Administration (NARA) in records disposition and management inspections 
conducted under authority of Title 44 of United States Code.
    NARA is responsible for archiving old records no longer actively 
used but which may be appropriate for preservation and for the physical 
maintenance of the Federal government's records. VA must be able to 
turn records over to NARA in order to determine the proper disposition 
of such records.
    4. 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 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 disclosure of the records to the 
Department of Justice is a use of the information contained in the 
records that is compatible with the purpose for which VA collected the 
records. VA, on its own initiative, may disclose records in this system 
of records in legal proceedings before a court or administrative body 
after determining that the disclosure of the records to the court or 
administrative body is a use of the information contained in the 
records that is compatible with the purpose for which VA collected the 
records.
    When VA is involved in litigation or an adjudicative or 
administrative process, or occasionally when another party is involved 
in litigation or an adjudicative or administrative process, and VA 
policies or operations could be affected by the outcome of the 
litigation or process, VA must be able to disclose information to the 
court, the adjudicative or administrative body, or the parties 
involved. A determination would be made in each instance that, under 
the circumstances involved, the purpose served by use of the 
information in the particular litigation or process is compatible with 
the purpose for which VA collected the information. This routine use is 
consistent with OMB guidance issued on May 24, 1985, directing all 
Federal agencies to promulgate such a routine use (http://www.whitehouse.gov/omb/inforeg/guidance1985.pdf).
    5. VA may disclose information for program review purposes and the 
seeking of accreditation and/or certification to survey teams of the 
Joint Commission on Accreditation of Healthcare Organizations (JCAHO), 
College of American Pathologists, American Association of Blood Banks, 
and similar national accreditation agencies or boards with which 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 health care facilities undergo certification and accreditation 
by several national accreditation agencies or boards to comply with 
regulations and good medical practices. VA must be able to disclose 
information for program review purposes and the seeking of 
accreditation and/or certification of health care facilities and 
programs.
    6. VA may disclose information to officials of the Merit Systems 
Protection Board (MSPB) and the Office of the Special Counsel when 
requested in connection with appeals, special studies of the civil 
service and other merit systems, review of rules and regulations, 
investigation of alleged or possible prohibited personnel practices, 
and such other functions, promulgated in 5 U.S.C. 1205 and 1206, or as 
may be authorized by law.
    VA must be able to disclose information to the MSPB to assist it in 
fulfilling its responsibilities regarding Federal employees, in 
accordance with Congressional intent reflected in that

[[Page 14615]]

agency's enabling statutes. Moreover, VA minimizes the release of 
individually identifiable information to another Federal agency and 
limits the disclosure to anonymous data where such information is 
sufficient for that agency to accomplish its statutory purpose.
    7. VA may disclose information to the Equal Employment Opportunity 
Commission (EEOC) when requested in connection with investigations of 
alleged or possible discrimination practices, examination of Federal 
affirmative employment programs, compliance with the Uniform Guidelines 
of Employee Selection Procedures, or other functions vested in the 
Commission by the President's Reorganization Plan No. 1 of 1978.
    VA must be able to disclose information to the EEOC to assist it in 
fulfilling its responsibilities to protect employee rights.
    8. VA may disclose to the Federal Labor Relations Authority (FLRA), 
including its General Counsel, information related to the establishment 
of jurisdiction, the investigation and resolution of allegations of 
unfair labor practices, or information in connection with the 
resolution of exceptions to arbitrator awards when a question of 
material fact is raised, in matters before the Federal Service Impasses 
Panel, and to investigate representation petitions and conduct or 
supervise representation elections.
    VA must be able to disclose information to the FLRA to comply with 
the statutory mandate under which FLRA operates.
    9. VA may disclose information to individuals, organizations, 
private or public agencies, or other entities with which VA has a 
contract or agreement, or where there is a subcontract to perform such 
services as VA may deem practicable for the purposes of laws 
administered by VA, in order for the contractor or subcontractor to 
perform the services of the contract or agreement.
    This routine use, which also applies to agreements that do not 
qualify as contracts defined by Federal procurement laws and 
regulations, is consistent with OMB guidance in OMB Circular A-130, 
App. I, paragraph 5a(1)(b) that agencies promulgate routine uses to 
address disclosure of Privacy Act-protected information to contractors 
in order to perform the services contracts for the agency. VA must be 
able to provide information to contractors or subcontractors with which 
VA has a contract or agreement in order to perform the services of the 
contract or agreement. In these situations, safeguards are provided in 
the contract prohibiting the contractor or subcontractor from using or 
disclosing the information for any purpose other than that described in 
the contract.
    10. VA may disclose information to labor unions operating at the 
facility level as members of institutional review boards, also known as 
accident review boards, to review root causes of injuries.
    VA must be able to use and disclose the information to allow the 
facility and labor unions to review and recommend corrective measures 
for injury prevention.
    11. VA may disclose information to the Department of Labor for the 
electronic filing of workers compensation claims, as provided by the 
Federal Employee Compensation Act, 5 U.S.C. 8121.
    VA must be able to provide information regarding particular 
workplace injuries and illnesses to the Department of Labor for it to 
adjudicate claims for workers' compensation filed by injured or ill VA 
employees.
    12. VA may, on its own initiative, disclose any information or 
records to appropriate agencies, entities, and persons when (1) VA 
suspects or has confirmed that the integrity or confidentiality of 
information in the system of records has been compromised; (2) the 
Department has determined that as a result of the suspected or 
confirmed compromise there is a risk of embarrassment or harm to the 
reputations of the record subjects, harm to economic or property 
interests, identity theft or fraud, or harm to the security, 
confidentiality, or integrity of this system or other systems or 
programs (whether maintained by the Department or another agency or 
entity) that rely upon the potentially compromised information; and (3) 
the disclosure is to agencies, entities, or persons whom VA determines 
are reasonably necessary to assist or carry out the Department's 
efforts to respond to the suspected or confirmed compromise and 
prevent, minimize, or remedy such harm.
    This routine use permits disclosure that is required by the 
Memorandum from the Office of Management and Budget (M-07-16), dated 
May 22, 2007, of all systems of records of all Federal agencies. 
Further, the disclosure allows VA to respond to a suspected or 
confirmed data breach, including the conduct of any risk analysis or 
provision of credit protection services as provided in 38 U.S.C. 5724, 
as the terms are defined in 38 U.S.C. 5727.
    13. 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.
    This routine use permits disclosures by the Department to report a 
suspected incident of identity theft and provide information and/or 
documentation related to or in support of the reported incident.

III. Compatibility of the Proposed Routine Uses

    The Privacy Act permits VA to disclose information about 
individuals without their consent for a routine use when the 
information will be used for a purpose that is compatible with the 
purpose for which VA collected the information. In the routine use 
disclosures described above, except those governed by DOL/GOVT-1, 
either the recipient of the information will use the information in 
connection with a matter relating to one of VA's programs or to provide 
a benefit to VA, or disclosure is required by law.
    The notice of intent to publish 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 the Privacy Act, 5 U.S.C. 552a(r), and guidelines issued by 
OMB, 65 FR 77677, December 12, 2000.

    Approved: February 26, 2009.
John R. Gingrich,
Chief of Staff, Department of Veterans Affairs.
99VA13

SECURITY CLASSIFICATION:
    None.

SYSTEM NAME:
    Automated Safety Incident Surveillance and Tracking System--VA.

SYSTEM LOCATION:
    Records are maintained at each Department of Veterans Affairs (VA) 
health care facility with back-up computer tape information being 
stored at off-site locations in most cases. The national database where 
ASISTS resides is located at the Austin Automation Center. Address 
locations for VA facilities are listed in VA Appendix 1 of the biennial 
publication of the VA system of records. In addition, records may be 
maintained at the Department of Veterans Affairs, 810 Vermont Avenue, 
NW., Washington, DC; VA Data Processing Centers; VA OI Field Offices; 
Veterans Integrated Service Network Offices; and Employee Education 
Systems.

[[Page 14616]]

CATEGORIES OF INDIVIDUALS COVERED BY THE SYSTEM:
    The records include information concerning current and former 
employees, trainees, contractors, subcontractors, volunteers, and other 
individuals working with or performing services for VA. For the purpose 
of this system of records, these individuals are characterized 
collectively as employees.

CATEGORIES OF RECORDS IN THE SYSTEM:
    The records in this system include:
    1. Personal identifiers, including the injured or ill employee's 
name, date of birth, age, sex, and social security number;
    2. Residential and professional contact data, including home and/or 
mailing address, home telephone number, emergency contact information, 
personnel status, and duty station;
    3. Employment information, including personnel status, occupation, 
grade and step, date of hire, and station number;
    4. Information about injuries and illnesses attributed to work, 
including the location of injury, cause, severity, type of injury, body 
parts affected, risk, and contributing factors;
    5. Information from reviews and investigation of incidents 
conducted by the employee's supervisor and the safety personnel of that 
facility, including any corrective actions taken by the supervisor and 
the findings of the health and safety officer;
    6. Abstract information, including environmental and 
epidemiological registries, studies of effectiveness health and safety 
systems, and further research in the area of occupational medicine.
    7. Information required for reporting to the Occupational Safety 
and Health Administration (OSHA) of the Department of Labor (DoL), 
including the name of the treating physician or other health care 
professional, hospitalization, medical treatment, medication, safety 
device; and
    8. Information required for filing a workers' compensation claim 
with the DoL Office of Workers' Compensation Programs (OWCP) under the 
Federal Employee Compensation Act (FECA), 5 U.S.C. 8101 et seq.
    ASISTS does not contain, in whole or in part, workers' compensation 
claim forms filed under the FECA, any duplicates or copies of such 
documents, or any information that is derived from claim records.

AUTHORITY FOR MAINTENANCE OF THE SYSTEM:
    5 U.S.C. Chapters 11, 31, 33, 43, 61, 63, and 83; 38 U.S.C. 501; 38 
U.S.C. Chapter 74.

PURPOSE(S):
    The records will be used to identify specific cases of work-related 
injuries and illnesses; track and evaluate medical care of and services 
provided to injured or ill workers, and determine emerging causes, 
clusters of incidents, and outbreaks. The records will also be used to 
identify system-wide problems and opportunities for focused education 
and intervention; evaluate the effectiveness of health and safety 
systems performance, especially after interventions, through 
statistical analysis; to develop and manage the planning, distribution, 
and utilization of resources; and support further research in the area 
of occupational medicine. The data may also be used for the review of 
root causes of injuries and for audits, reviews, and investigations of 
incidents involving workplace injuries and illnesses. Data may be 
accessed locally and at the VISN level through ASISTS directly or 
through presentation modes on the VISN Support Service Center (in 
anonymized form such as through a Proclarity Data Cube), Users include 
the following: Nationally data may be accessed through the rolled-up 
master file and data use agreements with the System of Records owner 
that address confidentiality requirements under the Privacy Act.
    At the facility level: safety and industrial hygiene, engineering, 
human resources and workers compensation, occupational health, union, 
supervisory, and management staff.
    At the VISN level: VISN safety and workers compensation staff and 
human resources staff.
    At the national level: occupational health, safety, workers 
compensation, human resources, and engineering staff.
    Where an injured or ill employee chooses to file a workers' 
compensation claim under the Federal Employee Compensation Act (FECA), 
5 U.S.C. Sec.  8101 et seq., ASISTS provides a mechanism for electronic 
transmission of claims to DoL. Certain information in the system, 
including the employee's own description of the injury or illness, 
populates the claim form. The completed claim form, which is not a part 
of ASISTS, is then submitted to OWCP.

ROUTINE USES OF RECORDS MAINTAINED IN THE SYSTEM, INCLUDING CATEGORIES 
OF USERS AND THE PURPOSES OF SUCH USES:
    Although certain information in ASISTS populates workers' 
compensation claim forms, the official workers' compensation claim file 
is part of OWCP's government-wide system of records entitled Office of 
Workers' Compensation Programs, Federal Employees' Compensation Act 
Files (DOL/GOVT-1) and is not covered by this system. Any data in 
ASISTS that is used solely to populate FECA claim forms, such as the 
employee's own description of the incident, will be treated as DOL/
GOVT-1 records and disclosed only in accordance with DOL's 
interpretation of the DOL/GOVT-1 routine uses.
    1. VA may disclose on its own initiative any information in this 
system, except the names and 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, a Federal, state, local, or foreign 
agency charged with the responsibility of investigating or prosecuting 
such violation, or charged with enforcing or implementing the statute, 
regulation, rule, or order. VA may also disclose on its own initiative 
the names and addresses of veterans and their dependents to a Federal 
agency charged with the responsibility of investigating or prosecuting 
civil, criminal, or regulatory violations of law, or charged with 
enforcing or implementing the statute, regulation, rule, or order.
    2. VA may disclose information to a Congressional office from the 
record of an individual in response to an inquiry from the 
Congressional office on behalf of and at the request of that 
individual.
    3. VA may disclose information to the National Archives and Records 
Administration (NARA) in records disposition and management inspections 
conducted under authority of Title 44 of United States Code.
    4. 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 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 disclosure of the records to the 
Department of Justice is a use of the information contained in the 
records that is compatible with the purpose for which VA collected the 
records. VA, on its own initiative, may disclose records in this system 
of records in legal proceedings before a court or administrative body 
after determining that the disclosure of the records to the court or 
administrative body is a use of the information contained in the 
records that is

[[Page 14617]]

compatible with the purpose for which VA collected the records.
    5. VA may disclose information for program review purposes and the 
seeking of accreditation and/or certification to survey teams of the 
Joint Commission on Accreditation of Healthcare Organizations (JCAHO), 
College of American Pathologists, American Association of Blood Banks, 
and similar national accreditation agencies or boards with which 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.
    6. VA may disclose information to officials of the Merit Systems 
Protection Board (MSPB) and the Office of the Special Counsel when 
requested in connection with appeals, special studies of the civil 
service and other merit systems, review of rules and regulations, 
investigation of alleged or possible prohibited personnel practices, 
and such other functions promulgated in 5 U.S.C. Sec. Sec.  1205 and 
1206, or as may be authorized by law.
    7. VA may disclose information to the Equal Employment Opportunity 
Commission (EEOC) when requested in connection with investigations of 
alleged or possible discrimination practices, examination of Federal 
affirmative employment programs, compliance with the Uniform Guidelines 
of Employee Selection Procedures, or other functions vested in the 
Commission by the President's Reorganization Plan No. 1 of 1978.
    8. VA may disclose to the Federal Labor Relations Authority (FLRA), 
including its General Counsel, information related to the establishment 
of jurisdiction, the investigation and resolution of allegations of 
unfair labor practices, or information in connection with the 
resolution of exceptions to arbitrator awards when a question of 
material fact is raised, in matters before the Federal Service Impasses 
Panel, and to investigate representation petitions and conduct or 
supervise representation elections.
    9. VA may disclose information to individuals, organizations, 
private or public agencies, or other entities with which VA has a 
contract or agreement, or where there is a subcontract to perform such 
services as VA may deem practicable for the purposes of laws 
administered by VA, in order for the contractor or subcontractor to 
perform the services of the contract or agreement.
    10. VA may disclose information to labor unions operating at the 
facility level as members of institutional review boards, also known as 
accident review boards, to review root causes of injuries.
    11. VA may disclose information to the Department of Labor for the 
electronic filing of workers compensation claims, as provided by 5 
U.S.C. 8121.
    12. VA may, on its own initiative, disclose any information or 
records to appropriate agencies, entities, and persons when (1) VA 
suspects or has confirmed that the integrity or confidentiality of 
information in the system of records has been compromised; (2) the 
Department has determined that as a result of the suspected or 
confirmed compromise there is a risk of embarrassment or harm to the 
reputations of the record subjects, harm to economic or property 
interests, identity theft or fraud, or harm to the security, 
confidentiality, or integrity of this system or other systems or 
programs (whether maintained by the Department or another agency or 
entity) that rely upon the potentially compromised information; and (3) 
the disclosure is to agencies, entities, or persons whom VA determines 
are reasonably necessary to assist or carry out the Department's 
efforts to respond to the suspected or confirmed compromise and 
prevent, minimize, or remedy such harm.
    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.

POLICIES AND PRACTICES FOR STORING, RETRIEVING, ACCESSING, RETAINING, 
AND DISPOSING OF RECORDS IN THE SYSTEM:
STORAGE:
    Records are maintained electronically on magnetic tape, disk, or 
laser optical media with copies of back-up computer files maintained at 
off-site locations in most cases.

RETRIEVABILITY:
    Records are retrieved by name, Social Security number, or other 
assigned identifiers of the individuals on whom they are maintained.

SAFEGUARDS:
    1. Access to VA working and storage areas is restricted to VA 
personnel on a ``need-to-know'' basis; strict control measures are 
enforced to ensure that disclosure to these individuals is also based 
on this same principle. Generally, VA file areas are locked after 
normal duty hours, and the facilities are protected from outside access 
by the Federal Protective Service or other security personnel.
    2. Access to computer rooms at health care facilities is generally 
limited by appropriate locking devices and restricted to authorized VA 
employees and vendor personnel. Automated Data Processing (ADP) 
peripheral devices are placed in secure areas, which are locked, with 
limited access, or are otherwise protected. Records may be accessed by 
authorized VA employees, and access is controlled at two levels; the 
systems recognize authorized users by series of individually unique 
passwords/codes as a part of each data message, and access is limited 
to only those who need the information in the performance of their 
official duties. Information downloaded from ASISTS and maintained on 
personal computers is afforded similar storage and access protections 
as data maintained in the original files. Access to information stored 
on automated storage media at other VA locations is controlled by 
individually unique passwords/codes.
    3. Access to information that populates workers' compensation claim 
forms submitted to DoL is accessible to only the employee filing the 
claim, his or her supervisor, and the workers' compensation personnel 
of the facility.

RETENTION AND DISPOSAL:
    Records are maintained and disposed of in accordance with records 
disposition authority approved by the Archivist of the United States.
    At the current time, VA does not have records disposition authority 
for these records that has been approved by the Archivist of the United 
States. The System Manager has initiated action to seek and obtain such 
disposition authority in accordance with VA Handbook 6300.1, Records 
Management Procedures. The records will not be destroyed until VA 
obtains a NARA-approved records disposition authority. Once VA has 
obtained NARA-approved records disposition authority, the agency will 
amend this notice to reflect that authority, and any destruction of 
electronic records will occur when no longer needed for administrative, 
legal, audit, or other operational purposes.

SYSTEM MANAGER(S) AND ADDRESS:
    Official responsible for policies and procedures: Office of Public 
Health and Environmental Hazards (13), Department of Veterans Affairs, 
810 Vermont Avenue, NW., Washington, DC 20420. Officials maintaining 
the system: Director at the facility where the employee was associated.

NOTIFICATION PROCEDURE:
    Individuals seeking information on the existence and content of a 
record pertaining to them should contact the VA facility location at 
which they are or

[[Page 14618]]

were employed, or performed work. Inquiries should include the person's 
full name, social security number, dates of employment or work, and 
return address.

RECORD ACCESS PROCEDURE:
    (See Notification Procedure above.)

CONTESTING RECORD PROCEDURES:
    (See Notification Procedure above.)

RECORD SOURCE CATEGORIES:
    Information in this system of records is provided by employees, 
trainees, contractors, subcontractors, volunteers, and other affected 
individuals; supervisors; health and safety professionals at 
facilities; clinical personnel; workers' compensation personnel; and 
human resources staff.

[FR Doc. E9-7160 Filed 3-30-09; 8:45 am]
BILLING CODE