Privacy Act of 1974; System of Records, 29019-29022 [E9-14301]

Agencies

• DEPARTMENT OF VETERANS AFFAIRS

[Federal Register Volume 74, Number 116 (Thursday, June 18, 2009)]
[Notices]
[Pages 29019-29022]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E9-14301]


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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: 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 amending the system of records 
entitled ``Readjustment Counseling Service (RCS) Vet Center Program--
VA'' (64VA15) as set forth in the Federal Register 46 FR 9844 and last 
amended May 31, 2001. VA is amending the system by revising Routine 
Uses of Records Maintained in the System, Including Categories of Users 
and the Purposes of Such Uses. VA is republishing the system notice in 
its entirety at this time.

DATES: Comments on the amendment of this system of records must be 
received no later than July 20, 2009. If no public comment is received, 
the amended system will become effective July 20, 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: Veterans Health Administration (VHA) 
Privacy Officer, Department of Veterans Affairs, 810 Vermont Avenue, 
NW., Washington, DC 20420, telephone (704) 245-2492.

SUPPLEMENTARY INFORMATION: The name and number of the system is changed 
from ``Vietnam Veterans Readjustment Counseling Program--VA'' (64VA116) 
to ``Readjustment Counseling Service (RCS) Vet Center Program--VA'' 
(64VA15). The change in name will more accurately reflect the broader 
group of veterans receiving services and the environment in which the 
services are delivered.
    For purposes of this notice changes have been made to update the 
following sections: Addresses and Routine Uses of Records Maintained in 
the System, Including Categories of Users and the Purposes of Such 
Uses. According to VA leadership, routine uses one through seven are 
mandatory new routine uses that are added to comply with new Federal 
policy and guidelines. Listed below are the mandatory routine uses that 
must be included in every System of Records according to VA leadership 
in order to comply with Federal regulations.
    A new Routine Use one (1) is added. 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.
    VA must be able to provide information about individuals to 
adequately respond to inquiries from Members of Congress at the request 
of constituents who have sought their assistance.
    A new Routine Use two (2) is added. Disclosure may be made to the 
National Archives and Records Administration (NARA) and the General 
Services Administration (GSA) in records management inspections 
conducted under authority of Title 44, Chapter 29, of the United States 
Code (U.S.C.).
    NARA and GSA are responsible for management of 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 provide the records to NARA and GSA in order to 
determine the proper disposition of such records.
    A new Routine Use three (3) is added. 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

[[Page 29020]]

compatible with the purpose for which the records were collected.
    VA must be able to provide information to DoJ in litigation where 
the United States or any of its components is involved or has an 
interest. A determination would be made in each instance that under the 
circumstances involved; the purpose is compatible with the purpose for 
which VA collected the information. This routine use is distinct from 
the authority to disclose records in response to a court order under 
subsection (b)(11) of the Privacy Act, 5 U.S.C. 552(b)(11), or any 
other provision of subsection (b), in accordance with the court's 
analysis in Doe v. DiGenova, 779 F.2d 74, 78-84 (DC Cir. 1985) and Doe 
v. Stephens, 851 F.2d 1457, 1465-67 (DC Cir. 1988).
    A new Routine Use four (4) is added. 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.
    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.
    A new Routine Use five (5) is added. VA may disclose on its own 
initiative any information 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.
    VA must be able to provide on its own initiative information that 
pertains to a violation of laws to law enforcement authorities in order 
for them to investigate and enforce those laws. Under 38 U.S.C. 5701(a) 
and (f), VA may only disclose the names and addresses of veterans and 
their dependents to Federal entities with law enforcement 
responsibilities. This is distinct from the authority to disclose 
records in response to a qualifying request from a law enforcement 
entity, as authorized by Privacy Act subsection 5 U.S.C. 552a(b)(7).
    A new Routine Use six (6) is added. 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.
    A new Routine Use seven (7) is added. 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 who 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.
    The notice of intent to publish 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.

    Approved: June 1, 2009.
John R. Gingrich,
Chief of Staff, Department of Veterans Affairs.
64VA15

System Name:
    Readjustment Counseling Service (RCS) Vet Center Program--VA.

System Location:
    (a) Counseling Folder: Maintained at each individual Vet Center 
providing readjustment counseling throughout the country. The locations 
of all Vet Centers providing readjustment counseling are listed in VA 
Appendix 2 of the Biennial Privacy Act Issuances publication.
    (b) Client Information File: Certain information extracted from the 
counseling folder is stored on stand-alone personal computers at each 
Vet Center, each of the seven RCS regional managers' offices, and the 
RCS national data support center.

Categories of Individuals Covered by the System:
    Eligible veterans who request and/or are provided readjustment 
counseling, including veterans' family members and/or other persons of 
significant relationship to the veteran who are eligible. Eligibility 
for readjustment counseling at Vet Centers includes any veteran who 
served in the military in a theater of combat operations during any 
period of war, or in any area during a period in which armed 
hostilities occurred. Family members are also eligible for readjustment 
counseling to the extent necessary to assist the veteran.

Categories of Records in the System:
    (a) Counseling Folder: All written intake forms, applications, 
progress notes and demographic and clinical documentation deemed 
necessary to provide quality counseling and continuity of care by the 
counselors and/or program officials. This would include all information 
collected for the computerized database. (b) Client Information File: 
Unique veteran identification number; social security number; Vet 
Center team number; marital status; gender; birth date; service dates; 
branch of service; veteran eligibility information; theater of 
operation; service-connection; discharge; referral source; visit 
information and treatment; and other statistical information about 
services provided to that veteran.

Authority for Maintenance of the System:
    Title 38, United States Code, section 1712A.

[[Page 29021]]

Purpose(s):
    The purpose of this system of records is to collect and maintain 
all demographic and clinical information required 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.

Routine Uses of Records Maintained in the System, Including Categories 
of Users and the Purposes of Such Uses:
    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 Storing, Retrieving, Accessing, Retaining, 
and Disposing of Records in the System:
Storage:
    (a) Counseling Folder: Paper documents stored in file folders.
    (b) Client Information File: Stored on stand-alone personal 
computer hard drives and any backup media.

Retrievability:
    (a) Counseling Folder: Filed or indexed alphabetically by last name 
or unique Client Number.
    (b) Client Information File: Indexed by Vet Center Number in 
conjunction with unique Client Number and social security number.

Safeguards:
    (a) Counseling Folder: Access to records at Vet Centers will be 
controlled by Vet Center staff during working hours. During other 
hours, records will be maintained in locked file cabinets. In high 
crime areas, Vet Center offices are equipped with alarm systems. (b) 
Client Information File: The computerized file is in a stand-alone 
personal computer and access to records is for authorized Vet Center 
personnel. Access is achieved on a need-to-know basis with a password. 
Computer security is in compliance with RCS and VA computer security 
policy and protocol. All computers are password protected and stored 
inside the locked Vet Center.

Retention and Disposal:
    (a) Counseling Folder: The records will be retained at the Vet 
Center for 50 years after the date of last activity. Destruction of 
counseling folders will be by shredding.
    (b) Client Information File: Maintained for the duration of the 
program. Destruction will be by deleting all information on all Vet 
Center, RCS regional manager's office, and the RCS national data 
support center stand-alone personal computers containing the program 
database.

System Manager(s) and Address:
    Chief Readjustment Counseling Officer (15), VA Central Office, 810 
Vermont Ave, NW., Washington, DC 20420.

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 Regional Manager having supervisory responsibility for the Vet 
Center, with whom he or she had contact, or (2) the Chief Readjustment 
Counseling Officer (15), VA Central Office, 810 Vermont Ave, NW., 
Washington, DC 20420. Inquiries should include the individual's full 
name and social security number.

Record Access Procedures:
    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

[[Page 29022]]

write, call or visit the above named individuals.

Contesting Record Procedures:
    (See Record Access Procedures above.)

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.

[FR Doc. E9-14301 Filed 6-17-09; 8:45 am]
BILLING CODE 8320-01-P