Privacy Act of 1974; System of Records, 36655-36658 [2016-13378]

Agencies

• DEPARTMENT OF VETERANS AFFAIRS

[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 https://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