Notice2022-09374
Privacy Act of 1974; System of Records
Primary source
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Published
May 2, 2022
Issuing agencies
Veterans Affairs Department
Abstract
As required by the Privacy Act of 1974, notice is hereby given that the Department of Veterans Affairs (VA) is modifying the system of records entitled, "Readjustment Counseling Service (RCS) Vet Center Program-VA" (64VA10RCS) as set forth in the Federal Register. VA is amending the system of records by revising the System Number; System Location; Authority for Maintenance of the System; Purpose of the System; Categories of Individuals Covered by the System; Categories of Records in the System; Record Source Categories; Routine Uses of Records Maintained in the System; Policies and Practices for Storage of Records; Policies and Practices for Retention and Disposal of Records; Physical, Procedural and Administrative Safeguards; Record Access Procedures; and Notification Procedure. VA is republishing the system notice in its entirety.
Full Text
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<title>Federal Register, Volume 87 Issue 84 (Monday, May 2, 2022)</title>
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[Federal Register Volume 87, Number 84 (Monday, May 2, 2022)]
[Notices]
[Pages 25703-25706]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2022-09374]
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DEPARTMENT OF VETERANS AFFAIRS
Privacy Act of 1974; System of Records
AGENCY: Veterans Health Administration, Department of Veterans Affairs
(VA).
ACTION: Notice of a modified system of records.
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SUMMARY: As required by the Privacy Act of 1974, notice is hereby given
that the Department of Veterans Affairs (VA) is modifying the system of
records entitled, ``Readjustment Counseling Service (RCS) Vet Center
Program-VA'' (64VA10RCS) as set forth in the Federal Register. VA is
amending the system of records by revising the System Number; System
Location; Authority for Maintenance of the System; Purpose of the
System; Categories of Individuals Covered by the System; Categories of
Records in the System; Record Source Categories; Routine Uses of
Records Maintained in the System; Policies and Practices for Storage of
Records; Policies and Practices for Retention and Disposal of Records;
Physical, Procedural and Administrative Safeguards; Record Access
Procedures; and Notification Procedure. VA is republishing the system
notice in its entirety.
DATES: Comments on this amended system of records must be received no
later than 30 days after date of publication in the Federal Register.
If no public comment is received during the period allowed for comment
or unless otherwise published in the Federal Register by the VA, the
modified system of records will become effective a minimum of 30 days
after date of publication in the Federal Register. If VA receives
public comments, VA shall review the comments to determine whether any
changes to the notice are necessary.
ADDRESSES: Comments may be submitted through <a href="http://www.Regulations.gov">www.Regulations.gov</a> or
mailed to VA Privacy Service, 810 Vermont Avenue NW, (005R1A),
Washington, DC 20420. Comments should indicate that they are submitted
in response to ``Readjustment Counseling Service (RCS) Vet Center
Program-VA'' (64VA10RCS). Comments received will be available at
<a href="http://regulations.gov">regulations.gov</a> for public viewing, inspection or copies.
FOR FURTHER INFORMATION CONTACT: Stephania Griffin, Veterans Health
Administration (VHA) Privacy Officer, Department of Veterans Affairs,
810 Vermont Avenue NW, Washington, DC 20420; telephone (704) 245-2492
(Note: this is not a toll-free number).
SUPPLEMENTARY INFORMATION: The System Number is being updated from
64VA10RCS to 64VA10 to reflect the current VHA organizational routing
symbol.
The System Location is being updated to include RCSNet electronic
record system. Archived paper records are being destroyed by shredding
which process will be complete by 2022.
Authority for Maintenance of the System is being amended to include
Title 38 Code of Federal Regulations (CFR) 17.2000(e).
The Purpose of the System is being updated to include Title 38 CFR
17.2000(e), which requires that Vet Center records be independent from
VA or Department of Defense (DoD) health records and not be disclosed
without the eligible individual's voluntarily signed authorization or
under the conditions of a permissive disclosure as outlined below under
Routine Uses. The information documented provides an accountable record
of the course of Vet Center services provided inclusive of psychosocial
assessments, number and type of visits provided, type of readjustment
counseling sessions provided and referrals, along with follow-up
documentation made to VA partners for other services needed for a
successful readjustment. Vet Center Call Center records will be used
for quality assurance purposes.
Categories of Individuals Covered by the System is being updated to
include follow-up information. Eligibility has been extended to
Veterans and Service members including Reserve, National Guard and the
Coast Guard who were activated in response to a national emergency, a
state or national civil disturbance, or foreign drug interdiction.
Family members of all eligible individuals are eligible for family
readjustment counseling as indicated for the successful readjustment of
the eligible individual. Family counseling is also available for family
members of deployed Service members to assist them adjust to the
deployment.
Categories of Records in the System is being updated to include
signed General Consent for the receipt of readjustment counseling,
documentation of the Warwick-Edinberg Mental Well-Being Scale and
suicide risk assessment. Bereavement services and military sexual
trauma counseling are also included in the Vet Center counseling
record. Also documented in the Vet Center client record are health care
power of attorney, court ordered counseling information and completed
release of information (ROI) authorizations as needed to promote
efficient and expedient sharing of confidential information for
referral and case coordination with VA medical center partners.
Record Source Categories is being updated to include in item #2 VA
electronic health record. This section will add item #4 Veterans,
Service Members and their family, item #5 VA employees and VA health
care providers, and #6 Vet Center Call Center.
The language in Routine Use #3 is being updated. It previously
stated that disclosure of the records to the Department of Justice
(DoJ) is a use of the information contained in the records that is
compatible with the purpose for which VA collected the records and that
VA 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. This routine use will now
state that VA may disclose information to the DoJ or in a proceeding
before a court, adjudicative body, or other administrative body before
which VA is authorized to appear, when:
(a) VA or any component thereof;
(b) Any VA employee in his or her official capacity;
(c) Any VA employee in his or her official capacity where DoJ has
agreed to represent the employee; or
(d) The United States, where VA determines that litigation is
likely to affect the agency or any of its components, is a party to
such proceedings or has an interest in such proceedings, and VA
determines that use of such records is relevant and necessary to the
proceedings.
Routine Use #5 has been updated by clarifying the language to
state, ``VA may disclose information that, either alone or in
conjunction with other information, indicates a violation or potential
violation of law, whether civil,
[[Page 25704]]
criminal, or regulatory in nature, to a Federal, state, local,
territorial, tribal, or foreign law enforcement authority or other
appropriate entity charged with the responsibility of investigating or
prosecuting such violation or charged with enforcing or implementing
such law. The disclosure of the names and addresses of Veterans and
their dependents from VA records under this routine use must also
comply with the provisions of 38 U.S.C. 5701.''
Routine Use #7 has been updated by clarifying the language to
state, ``VA may disclose any information or records to appropriate
agencies, entities, and persons when (1) VA suspects or has confirmed
that there has been a breach of the system of records; (2) VA has
determined that as a result of the suspected or confirmed breach there
is a risk to individuals, VA (including its information systems,
programs, and operations), the Federal Government, or national
security; and (3) the disclosure made to such agencies, entities, or
persons is reasonably necessary to assist in connection with VA efforts
to respond to the suspected or confirmed breach or to prevent,
minimize, or remedy such harm.''
Routine use #8 is being added to state, ``VA may disclose
information from this system of records to another Federal agency or
Federal entity, when VA determines that information from this system of
records is reasonably necessary to assist the recipient agency or
entity in (1) responding to a suspected or confirmed breach or (2)
preventing, minimizing, or remedying the risk of harm to individuals,
the recipient agency or entity (including its information systems,
programs, and operations), the Federal Government, or national
security, resulting from a suspected or confirmed breach.''
Policies and Practices for Storage of Records is updated to include
Paper Client Records established prior to 2010 have been archived and
scanned copies have been uploaded into the RCS electronic record
system.
Policies and Practices for Retention and Disposal of Records is
being updated to remove ``(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.''
This section is updated to state that the RCS electronic client records
will be maintained in the national computerized RCSNet servers for 45
years after the last episode of service, after which time they will be
destroyed.
The Physical, Procedural and Administrative Safeguards section is
being updated to remove, ``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.'' This
section will include section (c) Authorized RCS staff will have access
to the Client Record via stand-alone RCSNet computers located in locked
RCS facilities: Vet Centers, District Director Offices, and VA Central
Office.
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 Senior Agency Official for Privacy, 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. Kurt D.
DelBene, Assistant Secretary for Information and Technology and Chief
Information Officer, approved this document on March 17, 2022 for
publication.
Dated: April 27, 2022.
Amy L. Rose,
Program Analyst, VA Privacy Service, Office of Information Security,
Office of Information and Technology, Department of Veterans Affairs.
SYSTEM NAME:
Readjustment Counseling Service (RCS) Vet Center Program-VA
(64VA10).
SECURITY CLASSIFICATION:
Unclassified.
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 Office of Information and Technology (OIT)
Service Delivery and Engineering (SDE) site maintained by OIT
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) All paper Client Records established prior to 2010 have been
archived and scanned copies have been are uploaded into RCSNet
electronic record system.
SYSTEM MANAGER(S):
Chief Readjustment Counseling Officer (10RCS), VA Central Office,
810 Vermont Ave. NW, Washington, DC 20420. Telephone number 202-461-
6525 (this is not a toll-free number).
AUTHORITY FOR MAINTENANCE OF THE SYSTEM:
Title 38, United States Code (U.S.C.), section 1712A; Title 38 CFR
17.2000(e).
PURPOSE(S) OF THE SYSTEM:
Title 38 CFR 17.2000(e), requires that Vet Center records be
independent from VA or DoD medical records and not be disclosed without
the eligible individual's voluntarily signed authorization, or under
the conditions of a permissive disclosure as outlined below under
Routine Uses. The purpose of this RCS system of records is to maintain
client confidentiality, and to collect and maintain demographic and
clinical information required by Vet Center counselors to provide
quality readjustment counseling to eligible Veterans, Service members
and their families. The information documented provides an accountable
record of the course of Vet Center services provided inclusive of
psychosocial assessment, number and type of visits provided, type of
readjustment counseling sessions provided and referrals, along with
follow-up documentation made to VA partners for other services needed
for a successful readjustment. Vet Center Call Center records will be
used for quality assurance purposes.
CATEGORIES OF INDIVIDUALS COVERED BY THE SYSTEM:
Eligibility for readjustment counseling includes Veterans or
Service members who served in a combat theater or an area of armed
hostility, inclusive of those who provided direct emergency medical
care, or mortuary services to the casualties of combat operations, even
if such services were provided outside of
[[Page 25705]]
the combat theater. Eligibility also includes actions against enemy
forces by remotely controlling unmanned aerial vehicles from outside
the combat theater. Eligibility has been extended to Veterans, Service
members including Reserve, National Guard and the Coast Guard who were
activated in response to a national emergency, a state or national
civil disturbance, or foreign drug interdiction. Family members of all
eligible individuals are eligible for family readjustment counseling as
indicated for the successful readjustment of the eligible individual.
Family counseling is also available for family members of deployed
Service members to assist them adjust to the deployment.
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 identity, birth
date, military service information, Veteran eligibility information,
referral, and follow-up information, signed General Consent for the
receipt of readjustment counseling, and other identifying statistical
information. The Vet Center Client Record also contains protected
health information (PHI) such as documentation of the Warwick-Edinberg
Mental Well-Being Scale, suicide risk assessment, psychosocial
assessment, military history, service plans and ongoing case clinical
notes documenting the course of readjustment counseling service
delivery. Bereavement services and military sexual trauma counseling
information are also included in the Vet Center counseling record.
Also, documented in the Vet Center client record are health care power
of attorney, court ordered counseling information, and completed
release of information (ROI) authorizations as needed to promote
efficient and expedient sharing of confidential information for
referral and case coordination with VA medical center partners.
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, including from the VA electronic health record; (3) Relevant
Veteran data protocols completed by Vet Center staff to document the
course of readjustment counseling provided (4) Veterans, Service
Members and their family; and (5) VA employees and VA health care
providers; (6) Vet Center Call Center.
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 of VHA or any of its business
associates, 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 both 38 U.S.C. 7332 and CFR parts 160 and 164
permitting disclosure.
1. VA may disclose information to a Member of Congress or staff
acting upon the Member's behalf when the Member or staff requests the
information on behalf of, and at the request of, the individual who is
the subject of the record.
2. VA may disclose information to National Archives and Records
Administration (NARA) in records management inspections conducted under
44 U.S.C. 2904 and 2906, or other functions authorized by laws and
policies governing NARA operations and VA records management
responsibilities.
3. VA may disclose information to the Department of Justice (DoJ),
or in a proceeding before a court, adjudicative body, or other
administrative body before which VA is authorized to appear, when:
(a) VA or any component thereof;
(b) Any VA employee in his or her official capacity;
(c) Any VA employee in his or her official capacity where DoJ has
agreed to represent the employee; or
(d) The United States, where VA determines that litigation is
likely to affect the agency or any of its components, is a party to
such proceedings or has an interest in such proceedings, and VA
determines that use of such records is relevant and necessary to the
proceedings.
4. VA may disclose information to contractors, grantees, experts,
consultants, students, and others performing or working on a contract,
service, grant, cooperative agreement, or other assignment for VA, when
reasonably necessary to accomplish an agency function related to the
records.
5. VA may disclose information that, either alone or in conjunction
with other information, indicates a violation or potential violation of
law, whether civil, criminal, or regulatory in nature, to a Federal,
state, local, territorial, tribal, or foreign law enforcement authority
or other appropriate entity charged with the responsibility of
investigating or prosecuting such violation or charged with enforcing
or implementing such law. The disclosure of the names and addresses of
Veterans and their dependents from VA records under this routine use
must also comply with the provisions of 38 U.S.C. 5701.
6. VA may disclose to other Federal agencies to assist such
agencies in preventing and detecting possible fraud or abuse by
individuals in their operations and programs.
7. VA may disclose any information or records to appropriate
agencies, entities, and persons when (1) VA suspects or has confirmed
that there has been a breach of the system of records; (2) VA has
determined that as a result of the suspected or confirmed breach there
is a risk to individuals, VA (including its information systems,
programs, and operations), the Federal Government, or national
security; and (3) the disclosure made to such agencies, entities, or
persons is reasonably necessary to assist in connection with VA efforts
to respond to the suspected or confirmed breach or to prevent,
minimize, or remedy such harm.
8. VA may disclose information from this system to another Federal
agency or Federal entity, when VA determines that information from this
system of records is reasonably necessary to assist the recipient
agency or entity in (1) responding to a suspected or confirmed breach
or (2) preventing, minimizing, or remedying the risk of harm to
individuals, the recipient agency or entity (including its information
systems, programs, and operations), the Federal Government, or national
security, resulting from a suspected or confirmed breach.
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
OIT Service Delivery and Engineering (SDE) environment maintained by
OIT personnel.
(b) Paper Client Records established prior to 2010 have been
archived and scanned copies have been are uploaded into the RCSNet
electronic record system.
[[Page 25706]]
POLICIES AND PRACTICES FOR RETRIEVAL 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:
The RCS electronic client records will be maintained in the
national computerized RCSNet servers for 45 years after the last
episode of service, after which time they will be destroyed.
ADMINISTRATIVE, TECHNICAL, AND PHYSICAL SAFEGUARDS:
(a) Within RCS 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 username and
password protected. Computer security is in compliance with RCS and VA
computer security policy and protocol.
(b) Access to Veteran's or Service member's counseling records by
elements outside of RCS, VA or non-VA, is contingent upon the Veteran's
or Service member's signed authorization, or to one of the routine uses
identified above.
(c) Authorized RCS staff will have access to the Client Record via
stand-alone RCSNet computers located in locked RCS facilities: Vet
Centers, District Director Offices, and VA Central Office.
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 Vet Center Director, (2) the RCS Deputy
District Director having supervisory responsibility for the Vet Center,
with whom he or she had contact, or (3) the Deputy 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.
HISTORY:
Last full publication provided in 81 FR 36655.
[FR Doc. 2022-09374 Filed 4-29-22; 8:45 am]
BILLING CODE P
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This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.