[Federal Register Volume 87, Number 84 (Monday, May 2, 2022)]
[Notices]
[Pages 25703-25706]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[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 www.Regulations.gov 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 
regulations.gov 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]
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