[Federal Register Volume 81, Number 109 (Tuesday, June 7, 2016)]
[Notices]
[Pages 36655-36658]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2016-13378]
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DEPARTMENT OF VETERANS AFFAIRS
Privacy Act of 1974; System of Records
AGENCY: Department of Veterans Affairs (VA).
ACTION: Notice of altered Privacy Act system of records.
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SUMMARY: As required by the Privacy Act of 1974, 5 U.S.C. 552a(e),
notice is hereby given that the Department of Veterans Affairs (VA) is
amending the system of records currently entitled, ``Readjustment
Counseling Service (RCS) Vet Center Program-VA,'' (64VA15) as set forth
in the Federal Register 74 FR 29019. VA is amending the system by
revising the System Number, System Location, Categories of Individuals
Covered by the System, Category of Records in the System, Purpose,
Storage, Retrievability, Safeguard, Retention and Disposal, System
Manager and Address, Notification Procedure, and Record Source
Categories. VA is republishing the system notice in its entirety.
DATES: Comments on this new system of records must be received no later
than July 7, 2016. If no public comment is received during the period
allowed for comment or unless otherwise published in the Federal
Register by VA, the new system will become effective July 7, 2016.
ADDRESSES: Written comments concerning the proposed amended system of
records may be submitted by: mail or hand-delivery to Director,
Regulations Management (02REG), Department of Veterans Affairs, 810
Vermont Avenue NW., Room 1068, Washington, DC 20420; fax to (202) 273-
9026; or email to http://www.Regulations.gov. All comments received
will be available for public inspection in the Office of Regulation
Policy and Management, Room 1063B, between the hours of 8:00 a.m. and
4:30 p.m., Monday through Friday (except holidays). Please call (202)
461-4902 (this is not a toll-free number) for an appointment.
FOR FURTHER INFORMATION CONTACT: Veterans Health Administration (VHA)
Privacy Officer, Department of Veterans Affairs, 810 Vermont Avenue
NW., Washington, DC 20420; telephone (704) 245-2492.
SUPPLEMENTARY INFORMATION: The system number is changed from 65VA15 to
65VA10RCS to reflect the current organizational alignment.
The System Location has been amended to replace sections (a)
Counseling Folder and (b) Client Information File with the amended
section (a) which will read: Vet Center Client Record: Starting in
fiscal year 2010 the location of the Client Record was transitioned
from paper files maintained at each individual Vet Center to being
electronically maintained in the national computerized intra-net
database (RCSNet). The Readjustment Counseling Service Net (RCSNet)
servers are located in Philadelphia, PA in a secure, protected, and
approved VA Office of Information and Technology (OI&T) Service
Delivery and Engineering (SDE) site maintained by OI&T personnel. Full
confidentiality for RCS Veteran client information is maintained by
limiting access to RCS qualified personnel with the appropriate
authority to administer RCS program data systems. Section (b) will
state that authorized RCS staff will have access to the Client Record
via stand-alone computers located in locked RCS facilities: Vet
Centers, District Director Offices, and VA Central Office. Section (c)
will be added to state that all paper Client Records established prior
to 2010 are being archived and scanned copies have been are uploaded
into RCSNet.
Categories of Individuals Covered by the System has been amended to
add Servicemembers. Also added is that the Vet Center eligibility will
also include any Veteran or Servicemember who provided direct emergency
medical or mental health care, or mortuary services, to the casualties
of combat operations, but whose service at the time was outside of the
combat theater. Additionally, eligibility under this authority includes
any Veteran or Servicemember who engaged in combat with an enemy by
remotely controlling any aspect of unmanned aerial vehicle operations,
regardless of whether the location of such operations was outside the
combat theater.
[[Page 36656]]
The Category of Records in the System is being amended by deleting
both sections (a) Counseling Folder and (b) Client Information File to
more accurately represent the nature of the Category of Records in the
System as the Client Record. There is only the Client Record therefore
this section will now state the following: The Client Record contains
demographic personally identifiable information (PII) such as unique
Veteran identification number, name, address, social security number,
marital status, gender, birth date, military service information,
Veteran eligibility information, referral source, and other identifying
statistical information. The Vet Center Client Record also contains
protected health information (PHI) such as psychosocial assessment,
military history, treatment plans, and ongoing case progress notes
documenting the course of service delivery.
The Purpose section is being amended to remove the statement that
information is collected to conduct a psychological assessment, to
include a military history, and provide quality readjustment counseling
to assist Veterans resolve war trauma and improve their level of post-
war functioning. This section will now state that the purpose of this
system of records is to collect and maintain all demographic and
clinical information required by Vet Center counselors to provide
quality readjustment counseling to eligible Veterans, Services members
and their families.
The Storage section is being amended to remove section (a)
Counseling Folder: Paper documents stored in file folders, and section
(b) Client Information File: Stored on stand-alone personal computer
hard drives and any backup media. The Storage section will now state:
Vet Center Client Record Storage: (a) Client Records established during
and after 2010 are electronically stored in the national computerized
RCSNet servers located in Philadelphia, PA, in a secure, protected, and
approved VA OI&T Service Delivery and Engineering (SDE) environment
maintained by OI&T personnel; (b) Paper Client Records established
prior to 2010 are stored in locked facilities at each individual Vet
Center providing readjustment counseling throughout the country.
The Retrievability section is being amended to replace sections (a)
Counseling Folder: Filed or indexed alphabetically by last name or
unique Client Number and, (b) Client Information File: Indexed by Vet
Center Number in conjunction with unique Client Number and SSN. This
section will now state that the Vet Center Client Record is indexed by
the Vet Center number in conjunction with the Veteran's name, social
security number (SSN) and unique Veteran client number.
The Safeguard section is being amended to replace Sections (a)
Counseling Folder and (b) Client Information File. The new language
will state the following: (a) Access to the Vet Center Client Record is
limited to authorized RCS staff (Vet Center, District Director Office,
and/or the Office of the Chief Readjustment Counseling Officer in VACO)
with a legitimate need to know connected to direct service delivery
and/or the quality oversight of services provided. RCS staff access to
the electronic Vet Center Client Record is via standalone computers
located in locked RCS facilities. RCS program computers are user name
and password protected. Computer security is in compliance with RCS and
VA computer security policy and protocol; (b) RCS staff access to the
paper Client Record will be controlled by staff during working hours.
During after hours, records will be maintained in locked file cabinets.
In higher crime areas, Vet Center offices are equipped with alarm
systems; (c) Access to Veterans' and/or Servicemember's counseling
records by elements outside of RCS (VA or non-VA) is contingent upon
the Veteran or Servicemember's signed authorization, or to one of the
routine uses identified above.
The Retention and Disposal section is being amended to remove the
counseling folder and to add that all information maintained in the
Client Record of obsolete Vet Center paper client records are being
archived through VA Records Management and will be retained at one or
more of the authorized Department of Veterans Affairs Records Center
Vaults for 50 years after the date of last activity.
Section (b) will state the Client Record will be maintained
electronically for the duration of the program. This section will also
remove the statement that the RCS national data RCS support center
stand-alone personal computers contain the computers database. This
section will add that destruction of data will be conducted by deleting
all sensitive information on all RCS national data support center
servers and all stand-alone personal computers connected to the program
electronic database located at all RCS Vet Centers, regional management
offices, and RCS VACO.
The System Manager and Address and Notification Procedure are being
amended to replace Chief Readjustment Counseling Officer (10RCS) with
Chief Readjustment Counseling Officer (10RCS).
The Notification Procedure section is being amended to replace
Regional Manager with District Director.
The Record Source Categories section is being amended to add item
(3) Relevant Veteran data protocols completed by Vet Center staff to
document the course of readjustment counseling provided.
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 Secretary of Veterans Affairs, 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. Robert D.
Synder, Chief of Staff, approved this document on May 23, 2016, for
publication.
Dated: June 2, 2016.
Kathleen M. Manwell,
Program Analyst, VA Privacy Service, Office of Privacy and Records
Management, Department of Veterans Affairs.
64VA10RCS
SYSTEM NAME:
Readjustment Counseling Service (RCS) Vet Center Program-VA.
SYSTEM LOCATION:
(a) Vet Center Client Record: Starting in fiscal year 2010 the
location of the Client Record was transitioned from paper files
maintained at each individual Vet Center to being electronically
maintained in the national computerized intra-net database (RCSNet).
The RCSNet servers are located in Philadelphia, PA in a secure,
protected, and approved VA OI&T Service Delivery and Engineering (SDE)
site maintained by OI&T personnel. Full confidentiality for RCS Veteran
client information is maintained by limiting access to RCS qualified
personnel with the appropriate authority to administer RCS program data
systems.
(b) Authorized RCS staff will have access to the Client Record via
stand-alone computers located in locked RCS facilities: Vet Centers,
District Director Offices, and VA Central Office.
[[Page 36657]]
(c) All paper Client Records established prior to 2010 are being
archived and scanned copies have been are uploaded into RCSNet.
AUTHORITY FOR MAINTENANCE OF THE SYSTEM:
Title 38, United States Code, section 1712A.
PURPOSE(S):
The purpose of this system of records is to collect and maintain
all demographic and clinical information required by Vet Center
counselors to provide quality readjustment counseling to eligible
Veterans, services members and their families.
CATEGORIES OF INDIVIDUALS COVERED BY THE SYSTEM:
The individuals covered include eligible Veterans and
Servicemembers who request and/or are provided readjustment counseling,
including the family members of eligible Veterans and Servicemembers.
Eligibility for readjustment counseling at Vet Centers includes any
Veteran or Servicemember who served in the military in a theater of
combat operations. Vet Center eligibility also includes any Veteran or
Servicemember who provided direct emergency medical or mental health
care, or mortuary services, to the casualties of combat operations, but
whose service at the time was outside of the combat theater.
Additionally, eligibility under this authority includes any Veteran or
Servicemember who engaged in combat with an enemy by remotely
controlling any aspect of unmanned aerial vehicle operations,
regardless of whether the location of such operations was outside the
combat theater.
CATEGORIES OF RECORDS IN THE SYSTEM:
The Client Record contains demographic personally identifiable
information (PII) such as unique Veteran identification number, name,
address, social security number, marital status, gender, birth date,
military service information, Veteran eligibility information, referral
source, and other identifying statistical information. The Vet Center
Client Record Client Record also contains protected health information
(PHI) such as psychosocial assessment, military history, treatment
plans and ongoing case progress notes documenting the course of service
delivery.
RECORD SOURCE CATEGORIES:
(1) Relevant forms to be filled out by Vet Center team members on
first contact and each contact thereafter; counseling sessions with
Veterans and other eligible counselees. (2) Other VA and Federal agency
systems. (3) Relevant Veteran data protocols completed by Vet Center
staff to document the course of readjustment counseling provided.
ROUTINE USES OF RECORDS MAINTAINED IN THE SYSTEM, INCLUDING CATEGORIES
OF USERS AND THE PURPOSES OF SUCH USES:
VA may disclose protected health information pursuant to the
following routine uses where required by law, or required or permitted
by 45 CFR parts 160 and 164.
1. The record of an individual who is covered by a system of
records may be disclosed to a Member of Congress, or a staff person
acting for the member, when the member or staff person requests the
record on behalf of and at the written request of the individual.
2. Disclosure may be made to the National Archives and Records
Administration and the General Services Administration in records
management inspections conducted under authority of Title 44, Chapter
29, of the United States Code (U.S.C.).
3. Records from a system of records may be disclosed to the
Department of Justice (DOJ), including U.S. Attorneys, or in a
proceeding before a court, adjudicative body, or other administrative
body when litigation or the adjudicative or administrative process is
likely to affect VA, its employees, or any of its components is a party
to the litigation or process, or has an interest in the litigation or
process, and the use of such records is deemed by VA to be relevant and
necessary to the litigation or process, provided that the disclosure is
compatible with the purpose for which the records were collected.
4. Disclosure of relevant information may be made to individuals,
organizations, private or public agencies, or other entities with whom
VA has a contract or agreement or where there is a subcontract to
perform 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.
5. VA may disclose on its own initiative any information in the
system, except the names and home addresses of Veterans and their
dependents, that is relevant to a suspected or reasonably imminent
violation of the law whether civil, criminal, or regulatory in nature
and whether arising by general or program statute or by regulation,
rule, or order issued pursuant thereto, to a Federal, State, local,
tribal, or foreign agency charged with the responsibility of
investigating or prosecuting such violation, or charged with enforcing
or implementing the statute, regulation, rule, or order. VA may also
disclose on its own initiative the names and addresses of Veterans and
their dependents to a Federal agency charged with the responsibility of
investigating or prosecuting civil, criminal or regulatory violations
of law, or charged with enforcing or implementing the statute,
regulation, or order issued pursuant thereto.
6. 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.
7. Disclosure of information may be made when: (1) It is suspected
or 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 or integrity of this system or other
systems or programs (whether maintained by the Department or another
agency or entity) that rely upon the compromised information; and (3)
the disclosure is to agencies, entities, and 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 by the Department to respond to a suspected or confirmed
data breach, including the conduct of any risk analysis or confirmed
data breach, including the conduct of any risk analysis or provision of
credit protection services as provided in 38 U.S.C. 5724, as the terms
are defined in 38 U.S.C. 5727.
POLICIES AND PRACTICES FOR STORAGE OF RECORDS:
Vet Center Client Record Storage:
(a) Client Records established during and after 2010 are
electronically stored in the national computerized RCSNet servers
located in Philadelphia, PA, in a secure, protected, and approved VA
OI&T Service Delivery and Engineering (SDE) environment maintained by
OI&T personnel.
(b) Paper Client Records established prior to 2010 are stored in
locked facilities at each individual Vet Center providing readjustment
counseling throughout the country.
[[Page 36658]]
POLICIES AND PRACTICES FOR RETRIEVABILITY OF RECORDS:
The Vet Center Client Record is indexed by the Vet Center number in
conjunction with the Veteran's name, social security number (SSN) and
unique Veteran client number.
POLICIES AND PRACTICES FOR RETENTION AND DISPOSAL OF RECORDS:
(a) All obsolete Vet Center paper client records are being archived
through VA Records Management and will be retained at one or more of
the authorized Department of Veterans Affairs Records Center Vaults for
50 years after the date of last activity. Destruction of paper
counseling folders will be by shredding.
(b) The Client Record will be maintained for the duration of the
program. Destruction will be by deleting all sensitive information on
all RCS national data support center servers and all stand-alone
personal computers connected to the program electronic database located
at all RCS Vet Centers, regional management offices, and RCS VACO.
PHYSICAL, PROCEDURAL, AND ADMINISTRATIVE SAFEGUARDS:
(a) Access to the Vet Center Client Record is limited to authorized
RCS staff (Vet Center, District Director Office, and/or the Office of
the Chief Readjustment Counseling Officer in VACO) with a legitimate
need to know connected to direct service delivery and/or the quality
oversight of services provided. RCS staff access to the electronic Vet
Center Client Record is via standalone computers located in locked RCS
facilities. RCS program computers are user name and password protected.
Computer security is in compliance with RCS and VA computer security
policy and protocol.
(b) RCS staff access to the paper Client Record will be controlled
by staff during working hours. During after hours, records will be
maintained in locked file cabinets. In higher crime areas, Vet Center
offices are equipped with alarm systems.
(c) Access to Veterans' or Servicemember's counseling records by
elements outside of RCS, VA or non-VA, is contingent upon the Veteran
or Servicemember's signed authorization, or to one of the routine uses
identified above.
SYSTEM MANAGER(S):
Chief Readjustment Counseling Officer (10RCS), VA Central Office,
810 Vermont Ave. NW., Washington, DC 20420.
RECORD ACCESS PROCEDURE:
An individual (or duly authorized representative of such
individual) who seeks access to or wishes to contest records maintained
under his or her name or other personal identifier may write, call or
visit the individuals listed under Notification Procedure below.
CONTESTING RECORD PROCEDURES:
(See Record Access Procedures above.)
NOTIFICATION PROCEDURE:
A Veteran who wishes to determine whether a record is being
maintained by the Readjustment Counseling Service Vet Center Program
under his or her name or other personal identifier or wishes to
determine the contents of such records should submit a written request
or apply in person to: (1) The Team Leader of the Vet Center, or the
RCS District Director having supervisory responsibility for the Vet
Center, with whom he or she had contact, or (2) the Chief Readjustment
Counseling Officer (10RCS), VA Central Office, 810 Vermont Ave. NW.,
Washington, DC 20420. Inquiries should include the individual's full
name and social security number.
EXEMPTIONS PROMULGATED FOR THE SYSTEM:
None.
[FR Doc. 2016-13378 Filed 6-6-16; 8:45 am]
BILLING CODE 8320-01-P