Privacy Act of 1974; System of Records, 58005-58008 [2016-20217]
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Federal Register / Vol. 81, No. 164 / Wednesday, August 24, 2016 / Notices
extent it is relevant to any identified
priority.
As part of its statutory authority and
responsibility to analyze sentencing
issues, including operation of the
federal sentencing guidelines, the
Commission has identified its policy
priorities for the amendment cycle
ending May 1, 2017. The Commission
recognizes, however, that other factors,
such as the enactment of any legislation
requiring Commission action, may affect
the Commission’s ability to complete
work on any or all of its identified
priorities by the statutory deadline of
May 1, 2017. Accordingly, it may be
necessary to continue work on any or all
of these issues beyond the amendment
cycle ending on May 1, 2017.
As so prefaced, the Commission has
identified the following priorities:
(1) Continuation of its work with
Congress and other interested parties on
statutory mandatory minimum penalties
to implement the recommendations set
forth in the Commission’s 2011 report to
Congress, titled Mandatory Minimum
Penalties in the Federal Criminal Justice
System, including its recommendations
regarding the severity and scope of
mandatory minimum penalties,
consideration of expanding the ‘‘safety
valve’’ at 18 U.S.C. 3553(f), and
elimination of the mandatory ‘‘stacking’’
of penalties under 18 U.S.C. 924(c), and
to develop appropriate guideline
amendments in response to any related
legislation.
(2) Continuation of its multi-year
examination of the overall structure of
the guidelines post-Booker, possibly
including recommendations to Congress
on any statutory changes and
development of any guideline
amendments that may be appropriate.
As part of this examination, the
Commission intends to study possible
approaches to (A) simplify the operation
of the guidelines, promote
proportionality, and reduce sentencing
disparities; and (B) appropriately
account for the defendant’s role,
culpability, and relevant conduct.
(3) Continuation of its study of
approaches to encourage the use of
alternatives to incarceration.
(4) Continuation of its multi-year
study of statutory and guideline
definitions relating to the nature of a
defendant’s prior conviction (e.g.,
‘‘crime of violence,’’ ‘‘aggravated
felony,’’ ‘‘violent felony,’’ ‘‘drug
trafficking offense,’’ and ‘‘felony drug
offense’’) and the impact of such
definitions on the relevant statutory and
guideline provisions (e.g., career
offender, illegal reentry, and armed
career criminal), possibly including
recommendations to Congress on any
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statutory changes that may be
appropriate and development of
guideline amendments that may be
appropriate.
(5) Continuation of its comprehensive,
multi-year study of recidivism,
including (A) examination of
circumstances that correlate with
increased or reduced recidivism; (B)
possible development of
recommendations for using information
obtained from such study to reduce
costs of incarceration and overcapacity
of prisons, and promote effectiveness of
reentry programs; and (C) consideration
of any amendments to the Guidelines
Manual that may be appropriate in light
of the information obtained from such
study.
(6) Study of the findings and
recommendations contained in the May
2016 Report issued by the Commission’s
Tribal Issues Advisory Group, and
consideration of any amendments to the
Guidelines Manual that may be
appropriate in light of the information
obtained from such study.
(7) Study of the treatment of youthful
offenders under the Guidelines Manual.
(8) Examination of Chapter Four, Part
A (Criminal History) to (A) study the
treatment of revocation sentences under
§ 4A1.2(k), and (B) consider a possible
amendment of § 4A1.3 (Departures
Based on Inadequacy of Criminal
History Category (Policy Statement)) to
account for instances in which the time
actually served was substantially less
than the length of the sentence imposed
for a conviction counted under the
Guidelines Manual.
(9) Study of offenses involving
MDMA/Ecstasy, synthetic cannabinoids
(such as JWH–018 and AM–2201), and
synthetic cathinones (such as
Methylone, MDPV, and Mephedrone),
and consideration of any amendments
to the Guidelines Manual that may be
appropriate in light of the information
obtained from such study.
(10) Possible consideration of whether
the weapon enhancement in
§ 2D1.1(b)(1) should be amended to
conform to the ‘‘safety valve’’ provision
at 18 U.S.C. 3553(f) and § 5C1.2
(Limitation on Applicability of Statutory
Minimum Sentences in Certain Cases).
(11) Study of environmental offenses
involving knowing endangerment
resulting from mishandling hazardous
or toxic substances, pesticides, or other
pollutants, and consideration of any
amendments to the Guidelines Manual
that may be appropriate in light of the
information obtained from such study.
(12) Implementation of the Bipartisan
Budget Act of 2015, Public Law 114–74,
and any other crime legislation enacted
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58005
during the 114th or 115th Congress
warranting a Commission response.
(13) Resolution of circuit conflicts,
pursuant to the Commission’s
continuing authority and responsibility,
under 28 U.S.C. 991(b)(1)(B) and
Braxton v. United States, 500 U.S. 344
(1991), to resolve conflicting
interpretations of the guidelines by the
federal courts.
(14) Consideration of any
miscellaneous guideline application
issues coming to the Commission’s
attention from case law and other
sources, including possible
consideration of whether a defendant’s
denial of relevant conduct should be
considered in determining whether a
defendant has accepted responsibility
for purposes of § 3E1.1.
Authority: 28 U.S.C. 994(a), (o); USSC
Rules of Practice and Procedure 5.2.
Patti B. Saris,
Chair.
[FR Doc. 2016–20245 Filed 8–23–16; 8:45 am]
BILLING CODE 2210–40–P
DEPARTMENT OF VETERANS
AFFAIRS
Privacy Act of 1974; System of
Records
AGENCY:
Department of Veterans Affairs
(VA).
Notice of amendment to system
of records.
ACTION:
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 ‘‘My
HealtheVet Administrative Records-VA’’
(130VA19) as set forth in the Federal
Register 75 FR 70365. VA is amending
the system by revising the System
Number, System Location, Categories of
Individuals Covered by the System,
Categories of Records in the System,
Records Source Categories, Routine
Uses of Records Maintained in the
System, Retention and Disposal, System
Manager, Record Access Procedure, and
Notification Procedure. 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 September 23, 2016. If no
public comment is received, the
amended system will become effective
September 23, 2016.
ADDRESSES: Written comments
concerning the amended system of
records may be submitted through
www.regulations.gov; by mail or handSUMMARY:
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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. 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. In
addition, during the comment period,
comments may be viewed online
through the Federal Docket Management
System at 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
System Number is changed from
130VA19 to 130VA10P2 to reflect the
current organizational alignment.
The System Location in this system of
records is being amended to include
contracted data storage location.
The Categories of Individuals Covered
by the System is being amended to
remove ‘‘grantee, family members and
friends’’ and add ‘‘power of attorney
and legal guardian’’ to section (2).
Section (4) is being amended to replace
‘‘VHA Information Technology (IT)’’
with ‘‘VA Office of Information and
Technology (OI&T)’’. The Categories of
Records in the System is being amended
to delete ‘‘grantee’’. The Record Source
Categories is being amended to add
‘‘power of attorney’’ to section (2).
Routine Uses of Records Maintained in
the System is being deleted:
‘‘8. Disclosure of information may be
made to VA approved researchers to
enhance, advance and promote both the
function and the content of the My
HealtheVet application.’’
This section is also being amended to
add:
disclosed directly to the contractor, VA may
impose applicable conditions on the
department, agency, and/or contractor to
ensure the appropriateness of the disclosure
to the contractor.
AUTHORITY FOR MAINTENANCE OF THE SYSTEM:
The Retention and Disposal section is
being amended to remove General
Records Schedules (GRS) 20, item 1c
and GRS 24, item 6a. This section will
now include research and GRS 3.2 Item
031.
The System Manager(s) and Address,
Notification Procedure, and Record
Access Procedure sections are being
amended to remove the Chief, Technical
Infrastructure Division (31), Austin
Automation Center, 1615 Woodward
Street, Austin, Texas 78772. These
sections will now include My
HealtheVet Chief Information Officer, 55
Foothill Drive, Suite 400, Salt Lake City,
Utah 84113.
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.
The information in the My HealtheVet
Administrative Records is needed to
operate the My HealtheVet program
including, but not limited to,
registration and verification of the
Veteran’s identity or to register and
authenticate those who have legal
authority to participate in lieu of the
Veteran, to assign and verify
administrators of the My HealtheVet
portal, to retrieve the Veteran’s
information to perform specific
functions, and to allow access to
specific information and provide other
associated My HealtheVet electronic
services in current and future
applications of the My HealtheVet
program. The administrative
information may also be used to create
administrative business reports for
system owners and VA managers who
are responsible for ensuring that the My
HealtheVet system is meeting
performance expectations and is in
compliance with applicable Federal
laws and regulations. Administrative
information may also be used for
evaluation to support program
improvement, including VA approved
research studies.
8. VA may disclose health information for
research purposes determined to be
necessary and proper to epidemiological and
other research entities approved by the
Under Secretary for Health or designee, such
as the Medical Center Director of the facility
where the information is maintained.
9. VA may disclose health information,
including the name(s) and address(es) of
present or former personnel of the Armed
Services and/or their dependents, (a) to a
Federal department or agency or (b) directly
to a contractor of a Federal department or
agency, at the written request of the head of
the agency or the designee of the head of that
agency, to conduct Federal research
necessary to accomplish a statutory purpose
of an agency. When this information is to be
SYSTEM NAME:
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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. Gina
S. Farrisee, Deputy Chief of Staff,
approved this document on August 2,
2016, for publication.
Dated: August 8, 2016.
Kathleen M. Manwell,
VA Privacy Service, Office of Privacy and
Records Management, Department of
Veterans Affairs.
130VA10P2
My HealtheVet Administrative
Records-VA.
SYSTEM LOCATION:
Records are maintained at Veterans
Health Administration (VHA) facilities,
VA National Data Centers, VA Health
Data Repository (HDR), and at the
contracted data storage system located
in Culpepper, Virginia. Address
locations for VHA facilities are listed in
VA Appendix 1 of the biennial
publications of the VA systems of
records.
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Title 38, United States Code, section
501.
PURPOSE(S):
CATEGORIES OF INDIVIDUALS COVERED BY THE
SYSTEM:
Individuals covered by this system
encompass: (1) All individuals who
successfully register for a My
HealtheVet account and whose identity
has been verified; (2) Representatives of
the above individuals who have been
provided Delegate access to My
HealtheVet including, but not limited
to, Power of Attorney (POA), legal
guardian, or VA and non-VA health care
providers; (3) VA health care providers
and certain administrative staff; (4) VA
Office of Information and Technology
(OI&T) staff and/or their approved
contractors who may need to enter
identifying, administrative information
into the system to initiate, support, and
maintain electronic services for My
HealtheVet participants; and (5) VA
researchers fulfilling VA required
authorization procedures.
CATEGORIES OF RECORDS IN THE SYSTEM:
The records include personally
identifiable information, such as an
individual’s full name; My HealtheVet
User Identifier (ID); date of birth; Social
Security number; email address;
telephone number; mother’s maiden
name; ZIP code; place and date of
registration for My HealtheVet; Delegate
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user IDs associated with My HealtheVet
accounts; level of access to My
HealtheVet electronic services; date and
type of transaction; web analytics for the
purpose of monitoring site usage;
patient internal control number (ICN);
and other administrative data needed
for My HealtheVet roles and services.
RECORD SOURCE CATEGORIES:
The sources of information for this
system of records include the
individuals covered by this notice and
an additional contributor, as listed
below:
(1) All individuals who successfully
register for a My HealtheVet account;
(2) Representatives of the above
individuals who have been provided
access to the private health space by the
Veteran user, including but not limited
to, POA, or VA and non-VA health care
providers;
(3) VA health care providers;
(4) VA OI&T staff and/or their
contractors and subcontractors who may
need to enter information into the
system to initiate, support and maintain
My HealtheVet electronic services for
My HealtheVet users;
(5) VistA and other VA IT systems;
(6) VA researchers fulfilling VA
required authorization procedures (see
VHA Handbook 1200.01 https://
www1.va.gov/vhapublications/
ViewPublication.asp?pub_ID=2038).
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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,
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. Disclosure of information in this
system of records may be made to
private or public sector organizations,
individuals, agencies, etc., with whom
VA has a contract or agreement,
including subcontractors, in order to
administer the My HealtheVet program,
or perform other such services as VA
deems appropriate and practical for the
purposes of administering VA laws.
2. On its own initiative, VA may
disclose information, except for the
names of My HealtheVet users and
system administrators, to State, local,
tribal or foreign agency charged with the
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responsibility of investigating or
prosecuting civil, criminal or regulatory
violations of law, or charged with
enforcing or implementing the statute,
regulation, rule or order issued pursuant
thereto. On its own initiative, VA may
disclose information including names of
My HealtheVet users and system
administrators 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 issued pursuant thereto.
3. VA may disclose information from
this system to the National Archives and
Records Administration (NARA) and
General Services Administration in
records management inspections
conducted under title 44, United States
Code (U.S.C.).
4. 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.
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 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) 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
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58007
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 provision of credit
protection services as provided in 38
U.S.C. 5724.
8. VA may disclose health
information for research purposes
determined to be necessary and proper
to epidemiological and other research
entities approved by the Under
Secretary for Health or designee, such as
the Medical Center Director of the
facility where the information is
maintained.
9. VA may disclose health
information, including the name(s) and
address(es) of present or former
personnel of the Armed Services and/or
their dependents, (a) to a Federal
department or agency or (b) directly to
a contractor of a Federal department or
agency, at the written request of the
head of the agency or the designee of the
head of that agency, to conduct Federal
research necessary to accomplish a
statutory purpose of an agency. When
this information is to be disclosed
directly to the contractor, VA may
impose applicable conditions on the
department, agency, and/or contractor
to ensure the appropriateness of the
disclosure to the contractor.
POLICIES AND PRACTICES FOR STORAGE OF
RECORDS:
My HealtheVet Administrative
Records are maintained on paper and
electronic media, including hard drive
disks, which are backed up to tape at
regular intervals.
POLICIES AND PRACTICES FOR RETRIEVABILITY
OF RECORDS:
Records may be retrieved by an
individual’s name, user ID, date of
registration for My HealtheVet
electronic services, ZIP code, the VA
assigned ICN, date of birth and/or Social
Security number, if provided.
POLICIES AND PRACTICES FOR RETENTION AND
DISPOSAL OF RECORDS:
Records are maintained and disposed
of in accordance with the records
disposition authority approved by the
Archivist of the United States. Records
from this system that are needed for
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audit purposes will be retained for at
least six (6) years after a user’s account
becomes inactive. Routine records will
be disposed of when the agency
determines they are no longer needed
for administrative, legal, audit, research,
or other operational purposes, but no
less than six (6) years from date of last
account activity. These retention and
disposal statements are pursuant to the
currently applicable NARA General
Records Schedule GRS 3.2 Item 031.
PHYSICAL, PROCEDURAL, AND ADMINISTRATIVE
SAFEGUARDS:
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1. Access to and use of the My
HealtheVet Administrative Records are
limited to those persons whose official
duties require such access. VA has
established security controls and
procedures to ensure that access is
appropriately limited. Information
Security Officers and system data
stewards review and authorize data
access requests. VA regulates data
access with security software that
authenticates My HealtheVet
administrative users and requires
individually unique codes and
passwords. VA provides Information
Security training to all staff and
instructs staff on the responsibility each
person has for safeguarding data
confidentiality. VA regularly updates
security standards and procedures that
are applied to systems and individuals
supporting this program.
2. Physical access to computer rooms
housing the My HealtheVet
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Administrative Records is restricted to
authorized staff and protected by a
variety of security devices. The Federal
Protective Service or other security
personnel provide physical security for
the buildings housing computer systems
and data centers.
3. Data transmissions between
operational systems and My HealtheVet
Administrative Records maintained by
this system of records are protected by
telecommunications security software
and hardware as prescribed by Federal
security and privacy laws as well as VA
standards and practices. This includes
firewalls, encryption, and other security
measures necessary to safeguard data as
it travels across the VA Wide Area
Network.
4. Copies of back-up computer files
are maintained at secure off-site
locations.
SYSTEM MANAGER(S):
Official responsible for policies and
procedures: Director of Veterans and
Consumers Health Informatics Office,
8455 Colesville Road, Suite 1200, Silver
Spring, Maryland 20910. Officials
maintaining this system of record: VHA
facilities (address locations for VHA
facilities are listed in VA Appendix 1 of
the biennial publications of the VA
systems of records) and the My
HealtheVet Chief Information Officer, 55
Foothill Drive, Suite 400, Salt Lake City,
Utah 84113.
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RECORD ACCESS PROCEDURE:
Individuals seeking information
regarding access to and/or contesting of
records in this system may write or call
their local VHA facility and/or the My
HealtheVet Chief Information Officer, 55
Foothill Drive, Suite 400, Salt Lake City,
Utah 84113.
CONTESTING RECORD PROCEDURES:
(See Record Access Procedures
above.)
NOTIFICATION PROCEDURE:
Individuals who wish to determine
whether a record is being maintained
under their name in this system or wish
to determine the contents of such
records have two options:
1. Submit a written request or apply
in person to the VHA facility where the
records are located. VHA facility
location information can be found in the
Facilities Locator section of VA’s Web
site at https://www.va.gov; or
2. Submit a written request or apply
in person to the My HealtheVet Chief
Information Officer, 55 Foothill Drive,
Suite 400, Salt Lake City, Utah 84113.
Inquiries should include the person’s
full name, user ID, date of birth, and
return address.
EXEMPTIONS PROMULGATED FOR THE SYSTEM:
None.
[FR Doc. 2016–20217 Filed 8–23–16; 8:45 am]
BILLING CODE P
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]]>Agencies
[Federal Register Volume 81, Number 164 (Wednesday, August 24, 2016)]
[Notices]
[Pages 58005-58008]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2016-20217]
=======================================================================
-----------------------------------------------------------------------
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.
-----------------------------------------------------------------------
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 ``My HealtheVet
Administrative Records-VA'' (130VA19) as set forth in the Federal
Register 75 FR 70365. VA is amending the system by revising the System
Number, System Location, Categories of Individuals Covered by the
System, Categories of Records in the System, Records Source Categories,
Routine Uses of Records Maintained in the System, Retention and
Disposal, System Manager, Record Access Procedure, and Notification
Procedure. 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 September 23, 2016. If no public comment is
received, the amended system will become effective September 23, 2016.
ADDRESSES: Written comments concerning the amended system of records
may be submitted through www.regulations.gov; by mail or hand-
[[Page 58006]]
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. 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. In addition,
during the comment period, comments may be viewed online through the
Federal Docket Management System at 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 System Number is changed from 130VA19 to
130VA10P2 to reflect the current organizational alignment.
The System Location in this system of records is being amended to
include contracted data storage location.
The Categories of Individuals Covered by the System is being
amended to remove ``grantee, family members and friends'' and add
``power of attorney and legal guardian'' to section (2). Section (4) is
being amended to replace ``VHA Information Technology (IT)'' with ``VA
Office of Information and Technology (OI&T)''. The Categories of
Records in the System is being amended to delete ``grantee''. The
Record Source Categories is being amended to add ``power of attorney''
to section (2). Routine Uses of Records Maintained in the System is
being deleted:
``8. Disclosure of information may be made to VA approved
researchers to enhance, advance and promote both the function and the
content of the My HealtheVet application.''
This section is also being amended to add:
8. VA may disclose health information for research purposes
determined to be necessary and proper to epidemiological and other
research entities approved by the Under Secretary for Health or
designee, such as the Medical Center Director of the facility where
the information is maintained.
9. VA may disclose health information, including the name(s) and
address(es) of present or former personnel of the Armed Services
and/or their dependents, (a) to a Federal department or agency or
(b) directly to a contractor of a Federal department or agency, at
the written request of the head of the agency or the designee of the
head of that agency, to conduct Federal research necessary to
accomplish a statutory purpose of an agency. When this information
is to be disclosed directly to the contractor, VA may impose
applicable conditions on the department, agency, and/or contractor
to ensure the appropriateness of the disclosure to the contractor.
The Retention and Disposal section is being amended to remove
General Records Schedules (GRS) 20, item 1c and GRS 24, item 6a. This
section will now include research and GRS 3.2 Item 031.
The System Manager(s) and Address, Notification Procedure, and
Record Access Procedure sections are being amended to remove the Chief,
Technical Infrastructure Division (31), Austin Automation Center, 1615
Woodward Street, Austin, Texas 78772. These sections will now include
My HealtheVet Chief Information Officer, 55 Foothill Drive, Suite 400,
Salt Lake City, Utah 84113.
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. Gina S.
Farrisee, Deputy Chief of Staff, approved this document on August 2,
2016, for publication.
Dated: August 8, 2016.
Kathleen M. Manwell,
VA Privacy Service, Office of Privacy and Records Management,
Department of Veterans Affairs.
130VA10P2
SYSTEM NAME:
My HealtheVet Administrative Records-VA.
SYSTEM LOCATION:
Records are maintained at Veterans Health Administration (VHA)
facilities, VA National Data Centers, VA Health Data Repository (HDR),
and at the contracted data storage system located in Culpepper,
Virginia. Address locations for VHA facilities are listed in VA
Appendix 1 of the biennial publications of the VA systems of records.
AUTHORITY FOR MAINTENANCE OF THE SYSTEM:
Title 38, United States Code, section 501.
PURPOSE(S):
The information in the My HealtheVet Administrative Records is
needed to operate the My HealtheVet program including, but not limited
to, registration and verification of the Veteran's identity or to
register and authenticate those who have legal authority to participate
in lieu of the Veteran, to assign and verify administrators of the My
HealtheVet portal, to retrieve the Veteran's information to perform
specific functions, and to allow access to specific information and
provide other associated My HealtheVet electronic services in current
and future applications of the My HealtheVet program. The
administrative information may also be used to create administrative
business reports for system owners and VA managers who are responsible
for ensuring that the My HealtheVet system is meeting performance
expectations and is in compliance with applicable Federal laws and
regulations. Administrative information may also be used for evaluation
to support program improvement, including VA approved research studies.
CATEGORIES OF INDIVIDUALS COVERED BY THE SYSTEM:
Individuals covered by this system encompass: (1) All individuals
who successfully register for a My HealtheVet account and whose
identity has been verified; (2) Representatives of the above
individuals who have been provided Delegate access to My HealtheVet
including, but not limited to, Power of Attorney (POA), legal guardian,
or VA and non-VA health care providers; (3) VA health care providers
and certain administrative staff; (4) VA Office of Information and
Technology (OI&T) staff and/or their approved contractors who may need
to enter identifying, administrative information into the system to
initiate, support, and maintain electronic services for My HealtheVet
participants; and (5) VA researchers fulfilling VA required
authorization procedures.
CATEGORIES OF RECORDS IN THE SYSTEM:
The records include personally identifiable information, such as an
individual's full name; My HealtheVet User Identifier (ID); date of
birth; Social Security number; email address; telephone number;
mother's maiden name; ZIP code; place and date of registration for My
HealtheVet; Delegate
[[Page 58007]]
user IDs associated with My HealtheVet accounts; level of access to My
HealtheVet electronic services; date and type of transaction; web
analytics for the purpose of monitoring site usage; patient internal
control number (ICN); and other administrative data needed for My
HealtheVet roles and services.
RECORD SOURCE CATEGORIES:
The sources of information for this system of records include the
individuals covered by this notice and an additional contributor, as
listed below:
(1) All individuals who successfully register for a My HealtheVet
account;
(2) Representatives of the above individuals who have been provided
access to the private health space by the Veteran user, including but
not limited to, POA, or VA and non-VA health care providers;
(3) VA health care providers;
(4) VA OI&T staff and/or their contractors and subcontractors who
may need to enter information into the system to initiate, support and
maintain My HealtheVet electronic services for My HealtheVet users;
(5) VistA and other VA IT systems;
(6) VA researchers fulfilling VA required authorization procedures
(see VHA Handbook 1200.01 https://www1.va.gov/vhapublications/ViewPublication.asp?pub_ID=2038).
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, 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. Disclosure of information in this system of records may be made
to private or public sector organizations, individuals, agencies, etc.,
with whom VA has a contract or agreement, including subcontractors, in
order to administer the My HealtheVet program, or perform other such
services as VA deems appropriate and practical for the purposes of
administering VA laws.
2. On its own initiative, VA may disclose information, except for
the names of My HealtheVet users and system administrators, to State,
local, tribal or foreign 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 issued pursuant thereto. On its own
initiative, VA may disclose information including names of My
HealtheVet users and system administrators 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 issued pursuant
thereto.
3. VA may disclose information from this system to the National
Archives and Records Administration (NARA) and General Services
Administration in records management inspections conducted under title
44, United States Code (U.S.C.).
4. 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.
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 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) 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 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 provision of
credit protection services as provided in 38 U.S.C. 5724.
8. VA may disclose health information for research purposes
determined to be necessary and proper to epidemiological and other
research entities approved by the Under Secretary for Health or
designee, such as the Medical Center Director of the facility where the
information is maintained.
9. VA may disclose health information, including the name(s) and
address(es) of present or former personnel of the Armed Services and/or
their dependents, (a) to a Federal department or agency or (b) directly
to a contractor of a Federal department or agency, at the written
request of the head of the agency or the designee of the head of that
agency, to conduct Federal research necessary to accomplish a statutory
purpose of an agency. When this information is to be disclosed directly
to the contractor, VA may impose applicable conditions on the
department, agency, and/or contractor to ensure the appropriateness of
the disclosure to the contractor.
POLICIES AND PRACTICES FOR STORAGE OF RECORDS:
My HealtheVet Administrative Records are maintained on paper and
electronic media, including hard drive disks, which are backed up to
tape at regular intervals.
POLICIES AND PRACTICES FOR RETRIEVABILITY OF RECORDS:
Records may be retrieved by an individual's name, user ID, date of
registration for My HealtheVet electronic services, ZIP code, the VA
assigned ICN, date of birth and/or Social Security number, if provided.
POLICIES AND PRACTICES FOR RETENTION AND DISPOSAL OF RECORDS:
Records are maintained and disposed of in accordance with the
records disposition authority approved by the Archivist of the United
States. Records from this system that are needed for
[[Page 58008]]
audit purposes will be retained for at least six (6) years after a
user's account becomes inactive. Routine records will be disposed of
when the agency determines they are no longer needed for
administrative, legal, audit, research, or other operational purposes,
but no less than six (6) years from date of last account activity.
These retention and disposal statements are pursuant to the currently
applicable NARA General Records Schedule GRS 3.2 Item 031.
PHYSICAL, PROCEDURAL, AND ADMINISTRATIVE SAFEGUARDS:
1. Access to and use of the My HealtheVet Administrative Records
are limited to those persons whose official duties require such access.
VA has established security controls and procedures to ensure that
access is appropriately limited. Information Security Officers and
system data stewards review and authorize data access requests. VA
regulates data access with security software that authenticates My
HealtheVet administrative users and requires individually unique codes
and passwords. VA provides Information Security training to all staff
and instructs staff on the responsibility each person has for
safeguarding data confidentiality. VA regularly updates security
standards and procedures that are applied to systems and individuals
supporting this program.
2. Physical access to computer rooms housing the My HealtheVet
Administrative Records is restricted to authorized staff and protected
by a variety of security devices. The Federal Protective Service or
other security personnel provide physical security for the buildings
housing computer systems and data centers.
3. Data transmissions between operational systems and My HealtheVet
Administrative Records maintained by this system of records are
protected by telecommunications security software and hardware as
prescribed by Federal security and privacy laws as well as VA standards
and practices. This includes firewalls, encryption, and other security
measures necessary to safeguard data as it travels across the VA Wide
Area Network.
4. Copies of back-up computer files are maintained at secure off-
site locations.
SYSTEM MANAGER(S):
Official responsible for policies and procedures: Director of
Veterans and Consumers Health Informatics Office, 8455 Colesville Road,
Suite 1200, Silver Spring, Maryland 20910. Officials maintaining this
system of record: VHA facilities (address locations for VHA facilities
are listed in VA Appendix 1 of the biennial publications of the VA
systems of records) and the My HealtheVet Chief Information Officer, 55
Foothill Drive, Suite 400, Salt Lake City, Utah 84113.
RECORD ACCESS PROCEDURE:
Individuals seeking information regarding access to and/or
contesting of records in this system may write or call their local VHA
facility and/or the My HealtheVet Chief Information Officer, 55
Foothill Drive, Suite 400, Salt Lake City, Utah 84113.
CONTESTING RECORD PROCEDURES:
(See Record Access Procedures above.)
NOTIFICATION PROCEDURE:
Individuals who wish to determine whether a record is being
maintained under their name in this system or wish to determine the
contents of such records have two options:
1. Submit a written request or apply in person to the VHA facility
where the records are located. VHA facility location information can be
found in the Facilities Locator section of VA's Web site at https://www.va.gov; or
2. Submit a written request or apply in person to the My HealtheVet
Chief Information Officer, 55 Foothill Drive, Suite 400, Salt Lake
City, Utah 84113.
Inquiries should include the person's full name, user ID, date of
birth, and return address.
EXEMPTIONS PROMULGATED FOR THE SYSTEM:
None.
[FR Doc. 2016-20217 Filed 8-23-16; 8:45 am]
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