Privacy Act of 1974; System of Records, 17555-17557 [E9-8605]

Agencies

• DEPARTMENT OF VETERANS AFFAIRS

[Federal Register Volume 74, Number 71 (Wednesday, April 15, 2009)]
[Notices]
[Pages 17555-17557]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E9-8605]



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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.

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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) 
Voluntary Service Office (VAVS) is amending the system of records 
currently entitled ``Voluntary Service Records--VA'' (57VA135) as set 
forth in the Federal Register 66 FR 6764. VA is amending the System 
Location; Categories of Individuals covered by the System; Categories 
of Records in the System; Routine Uses of Records Maintained in the 
System, Including Categories of Users and the Purposes of Such Uses; 
Policies and Practices for Storing, Retrieving, Retaining, and 
Disposing of Records in the System, including Storage, Retrievability 
and Safeguards. VA is republishing the system notice in its entirety.

DATES: Comments on the amendment of this system of records must be 
received no later than May 15, 2009. If no public comment is received, 
the amended system will become effective May 15, 2009.

ADDRESSES: Written comments may be submitted through https://www.Regulations.gov; by mail or hand-delivery to Director, Regulations 
Management (02REG), Department of Veterans Affairs, 810 Vermont Avenue, 
NW., Room 1068, Washington, DC 20420; or by fax to (202) 273-9026. 
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 (this is not a toll-free number) for an 
appointment. In addition, during the comment period, comments may be 
viewed online through the Federal Docket Management System (FDMS) at 
https://www.Regulations.gov.

FOR FURTHER INFORMATION CONTACT: Laura Balun, Director, Voluntary 
Service Office (10C2), Department of Veterans Affairs, 810 Vermont 
Avenue NW., Washington, DC 20420.

SUPPLEMENTARY INFORMATION: The Report of Intent to Amend a System on 
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.
    The number of the system was changed from 57VA10C2 to 57VA135 to 
maintain consistency of numbering with the Office code for VA Voluntary 
Service (VAVS). Routine use 9 was added to disclosure information to 
other Federal agencies that may be made to assist such agencies in 
preventing and detecting possible fraud or abuse by individuals in 
their operations and programs.
    Routine use 10 was added to so that 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 
disclosures by the Department 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.

    Approved: March 30, 2009.
John R. Gingrich,
Chief of Staff, Department of Veterans Affairs.
57VA135

SYSTEM NAME:
    Voluntary Service Records--VA.

SYSTEM LOCATION:
    Records are maintained at each of the VA health care facilities and 
in the Voluntary Service System (VSS). Active records are retained at 
the facility where the individual has volunteered to assist the 
administrative and professional personnel and in the VSS. Basic 
information for all inactive records is retained at the facility where 
the volunteer worked and in the VSS. VSS is a Web-based volunteer 
timekeeping package currently housed on Web-servers at Silver Spring, 
MD.

Categories of individuals covered by the system:
    All volunteers, regularly-scheduled and occasional, including non-
affiliated and members of voluntary service organizations; welfare, 
service, veterans, fraternal, religious, civic, industrial, labor, and 
social groups or clubs which voluntarily offer the services of their 
organizations and/or individuals to assist with the provision of care 
to patients, either directly or indirectly, through VA Voluntary 
Service under Title 38, United States Code, Section 513.

Categories of records in the system:
    Administrative records containing personal information about the 
individual making application to become a volunteer in a VA health care 
facility, VA regional office, or VA cemetery. Information relating to 
the individual membership in service organizations, qualifications, 
restrictions and preferences of duty and availability to schedule time 
of service. Training records pertaining to the volunteer's service will 
also be maintained for all active volunteers at the facility where the 
volunteer works. Medical records of active volunteers will be 
maintained in the facility's Employee Health office. Fingerprint and 
background investigation records will be maintained by the local 
facility's office that handles those investigations.

Authority for maintenance of the system:
    Title 38, United States Code, Section 513.

PURPOSE(S):
    The records and information are used for tracking the number of 
Regularly Scheduled (RS) Volunteers, Occasional Volunteers, and student 
volunteers; to produce statistical and managerial reports on the number 
of hours and visits of all volunteers each month; and to present 
volunteers with certificates of appreciation for service.

Routine uses of records maintained in the system, including categories 
of users and the purposes of such uses:
    To the extent that records contained in the system include 
information protected by 45 CFR Parts 160 and 164, i.e., individually 
identifiable health information, and 38 U.S.C. 7332, i.e., medical 
treatment information related to drug abuse, alcoholism or alcohol 
abuse,

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sickle cell anemia or infection with the human immunodeficiency virus, 
that information cannot be disclosed under a routine use unless there 
is also specific statutory authority in 38 U.S.C. 7332 and regulatory 
authority in 45 CFR Parts 160 and 164 permitting disclosure.
    1. Any information in this system, except the name and address of a 
veteran, which is relevant to a suspected violation 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, may be disclosed 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 issued pursuant thereto.
    2. The name and address of a veteran, which is relevant to a 
suspected violation 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, may be disclosed to a Federal agency charged with the 
responsibility of investigating or prosecuting such violation, or 
charged with enforcing or implementing the statute, regulation, rule or 
order issued pursuant thereto, in response to its official request.
    3. The name and address of a veteran, which is relevant to a 
suspected violation or reasonably imminent violation of law concerning 
public health or safety, whether civil, criminal or regulatory in 
nature and whether arising by general or program statute or by 
regulation, rule or order issued pursuant thereto, may be disclosed to 
any foreign, State or local governmental agency or instrumentality 
charged under applicable law with the protection of the public health 
or safety if a qualified representative of such organization, agency or 
instrumentality has made a written request that such name and address 
be provided for a purpose authorized by law.
    4. Volunteer records may be used to confirm volunteer service, duty 
schedule, and assignments to service organizations, Bureau of 
Unemployment, insurance firms, office of personnel of the individual's 
full-time employment; to assist in the development of VA history of the 
volunteer and his/her assignments; and to confirm voluntary hours for 
on-the-job accidents, and for recognition awards.
    5. Disclosure may be made to a Congressional office from the record 
of an individual in response to an inquiry from the Congressional 
office made at the request of that individual.
    6. Disclosure may be made to the National Archives and Records 
Service, General Services Administration, in records management 
inspections conducted under authority of Title 44 United States Code.
    7. VA may disclose information from 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 release of the records to the DOJ 
is a use of the information contained in the records that is compatible 
with the purpose for which VA collected the records. VA, 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.[FEDREG][VOL]*[/
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    8. Relevant information may be disclosed to individuals, 
organizations, private or public agencies, etc., with whom VA has a 
contract or agreement to perform such services as VA may deem 
practicable for the purposes of laws administered by VA, in order for 
the contractor or subcontractor to perform the services of the contract 
or agreement. VA occasionally contracts out certain of its functions 
when this would contribute to effective and efficient operations.
    9. 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.
    10. 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 
disclosures by the Department 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.

Policies and practices for storing, retrieving, accessing, retaining, 
and disposing of records in the system:
STORAGE:
    Digital information of all active volunteers is maintained in 
Silver Spring, Maryland, on secured Web-servers. Paper documents for 
all active volunteers are maintained at the individual VA facilities 
where the volunteer has donated time. Computer files containing such 
basic information as name, address, date of birth, volunteer 
assignments, hours/years volunteered, and award information are 
retained for all volunteers, either active or inactive, at the VA 
facility where the volunteer worked.

RETRIEVABILITY:
    (a) All volunteer records are filed by unique identification 
numbers within the VA's Voluntary Service System, (VSS), and are cross-
referenced under the organization(s) they represent.
    (b) Medical records are stored by name and SSN in the VISTA patient 
files.

SAFEGUARDS:
    Physical Security:

    1. Access to VA working space and medical record storage areas and 
the Web-servers in Silver Spring, Maryland, 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. Volunteer file records of sensitive 
medical record files are stored in separate locked files.
    2. Strict control measures are enforced to ensure that access to 
and disclosure from all records including electronic files and 
volunteer specific data elements stored in the VSS are limited to VAVS 
employees whose official duties warrant access to those files. The 
automated record system recognizes authorized users by keyboard entry 
of a

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series of unique passwords. Once the employee is logged onto the 
system, access to files is controlled by discreet menus which are 
assigned by the VSS package local system administrator based upon the 
employee's demonstrated need to access the data to perform the 
employee's assigned duties. A number of other security measures are 
implemented to enhance security of electronic records (automatic 
timeout after short period of inactivity, device locking after pre-set 
number of invalid logon attempts, etc.). Employees are required to sign 
a user access agreement acknowledging their knowledge of 
confidentiality requirements, and all employees receive annual training 
on information security. Access is deactivated when no longer required 
for official duties. Recurring monitors are in place to ensure 
compliance with nationally and locally established security measures.
    3. On-line data resides on VSS Web-servers in Silver Spring, 
Maryland, that is highly secured.
    4. Any sensitive information that may be downloaded or printed to 
hard copy format is provided the same level of security as the 
electronic records. All paper documents and informal notations 
containing sensitive data are shredded prior to disposal.
    5. All new VAVS employees receive initial information security 
training, and refresher training is provided to all employees on an 
annual basis.

RETENTION AND DISPOSAL:
    1. The individual volunteer's record of service is maintained by 
the Department of Veterans Affairs health care facility, as long as he 
or she is living and actively participating in the VAVS program. VSS 
maintains minimum information on all volunteers indefinitely. These 
minimum records include the volunteer's name, address, date of birth, 
telephone number, next of kin information, assignments worked, hours 
and years of service and last award received.
    2. Depending on the record medium, records are destroyed by either 
shredding or degaussing. Summary reports and other output reports are 
destroyed when no longer needed for current operation. Regardless of 
record medium, no records will be retired to a Federal records center.

SYSTEM MANAGER(S) AND ADDRESS:
    Official responsible for policies and procedures: Director, 
Voluntary Service Office (10C2), Department of Veterans Affairs, 810 
Vermont Avenue, NW., Washington, DC 20420. Official maintaining the 
system: dNovus Contractor, Jay Singh, VHA Oakland OIFO, 1301 Clay 
Street, Suite 1350N, Oakland, CA 94612.

NOTIFICATION PROCEDURE:
    Individuals seeking information concerning the existence and 
content of their service records must submit a written request or apply 
in person to the VA health care facility where their voluntary service 
was accomplished. All inquiries must reasonably identify, to the VA 
facility, the portion of the volunteer's service record they want 
information about and the approximate dates of service, in order to 
receive that information. Inquiries should include the volunteer's 
name, organization represented, date of birth, and last address while 
serving as a volunteer to the VA.

RECORD ACCESS PROCEDURE:
    Volunteers, dependents, survivors or duly authorized 
representatives seeking information regarding access to and contesting 
of VA Voluntary Service records may contact the Voluntary Service 
office at the Department of Veterans Affairs health care facility where 
the individual was a volunteer worker.

CONTESTING RECORD PROCEDURES:
    (See Record Access Procedures above.)

RECORD SOURCE CATEGORIES:
    Information in this system of records may be provided by the 
volunteer, his/her family, civic and service organization, ``Patient 
Medical Records--VA'' (24VA136) system of records, and Voluntary 
Service at the health care facility where volunteer worked.

 [FR Doc. E9-8605 Filed 4-14-09; 8:45 am]
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