81_FR_58169 81 FR 58005 - Privacy Act of 1974; System of Records

81 FR 58005 - Privacy Act of 1974; System of Records

DEPARTMENT OF VETERANS AFFAIRS

Federal Register Volume 81, Issue 164 (August 24, 2016)

Page Range58005-58008
FR Document2016-20217

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.

Federal Register, Volume 81 Issue 164 (Wednesday, August 24, 2016)
[Federal Register Volume 81, Number 164 (Wednesday, August 24, 2016)]
[Notices]
[Pages 58005-58008]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2016-20217]


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DEPARTMENT OF VETERANS AFFAIRS


Privacy Act of 1974; System of Records

AGENCY: Department of Veterans Affairs (VA).

ACTION: Notice of amendment to system of records.

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SUMMARY: 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 http://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 http://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



                                                                             Federal Register / Vol. 81, No. 164 / Wednesday, August 24, 2016 / Notices                                                 58005

                                                  extent it is relevant to any identified                 statutory changes that may be                         during the 114th or 115th Congress
                                                  priority.                                               appropriate and development of                        warranting a Commission response.
                                                     As part of its statutory authority and               guideline amendments that may be                         (13) Resolution of circuit conflicts,
                                                  responsibility to analyze sentencing                    appropriate.                                          pursuant to the Commission’s
                                                  issues, including operation of the                         (5) Continuation of its comprehensive,             continuing authority and responsibility,
                                                  federal sentencing guidelines, the                      multi-year study of recidivism,                       under 28 U.S.C. 991(b)(1)(B) and
                                                  Commission has identified its policy                    including (A) examination of                          Braxton v. United States, 500 U.S. 344
                                                  priorities for the amendment cycle                      circumstances that correlate with                     (1991), to resolve conflicting
                                                  ending May 1, 2017. The Commission                      increased or reduced recidivism; (B)                  interpretations of the guidelines by the
                                                  recognizes, however, that other factors,                possible development of                               federal courts.
                                                  such as the enactment of any legislation                recommendations for using information                    (14) Consideration of any
                                                  requiring Commission action, may affect                 obtained from such study to reduce                    miscellaneous guideline application
                                                  the Commission’s ability to complete                    costs of incarceration and overcapacity               issues coming to the Commission’s
                                                  work on any or all of its identified                    of prisons, and promote effectiveness of              attention from case law and other
                                                  priorities by the statutory deadline of                 reentry programs; and (C) consideration               sources, including possible
                                                  May 1, 2017. Accordingly, it may be                     of any amendments to the Guidelines                   consideration of whether a defendant’s
                                                  necessary to continue work on any or all                Manual that may be appropriate in light               denial of relevant conduct should be
                                                  of these issues beyond the amendment                    of the information obtained from such                 considered in determining whether a
                                                  cycle ending on May 1, 2017.                            study.                                                defendant has accepted responsibility
                                                     As so prefaced, the Commission has                      (6) Study of the findings and                      for purposes of § 3E1.1.
                                                  identified the following priorities:                    recommendations contained in the May                    Authority: 28 U.S.C. 994(a), (o); USSC
                                                     (1) Continuation of its work with                                                                          Rules of Practice and Procedure 5.2.
                                                                                                          2016 Report issued by the Commission’s
                                                  Congress and other interested parties on
                                                                                                          Tribal Issues Advisory Group, and                     Patti B. Saris,
                                                  statutory mandatory minimum penalties
                                                                                                          consideration of any amendments to the                Chair.
                                                  to implement the recommendations set
                                                                                                          Guidelines Manual that may be
                                                  forth in the Commission’s 2011 report to                                                                      [FR Doc. 2016–20245 Filed 8–23–16; 8:45 am]
                                                                                                          appropriate in light of the information
                                                  Congress, titled Mandatory Minimum                                                                            BILLING CODE 2210–40–P
                                                                                                          obtained from such study.
                                                  Penalties in the Federal Criminal Justice
                                                  System, including its recommendations                      (7) Study of the treatment of youthful
                                                  regarding the severity and scope of                     offenders under the Guidelines Manual.
                                                                                                             (8) Examination of Chapter Four, Part              DEPARTMENT OF VETERANS
                                                  mandatory minimum penalties,                                                                                  AFFAIRS
                                                  consideration of expanding the ‘‘safety                 A (Criminal History) to (A) study the
                                                  valve’’ at 18 U.S.C. 3553(f), and                       treatment of revocation sentences under               Privacy Act of 1974; System of
                                                  elimination of the mandatory ‘‘stacking’’               § 4A1.2(k), and (B) consider a possible               Records
                                                  of penalties under 18 U.S.C. 924(c), and                amendment of § 4A1.3 (Departures
                                                  to develop appropriate guideline                        Based on Inadequacy of Criminal                       AGENCY:    Department of Veterans Affairs
                                                  amendments in response to any related                   History Category (Policy Statement)) to               (VA).
                                                  legislation.                                            account for instances in which the time               ACTION: Notice of amendment to system
                                                     (2) Continuation of its multi-year                   actually served was substantially less                of records.
                                                  examination of the overall structure of                 than the length of the sentence imposed
                                                                                                          for a conviction counted under the                    SUMMARY:   As required by the Privacy
                                                  the guidelines post-Booker, possibly                                                                          Act of 1974, 5 U.S.C. 552a(e), notice is
                                                  including recommendations to Congress                   Guidelines Manual.
                                                                                                             (9) Study of offenses involving                    hereby given that the Department of
                                                  on any statutory changes and                                                                                  Veterans Affairs (VA) is amending the
                                                  development of any guideline                            MDMA/Ecstasy, synthetic cannabinoids
                                                                                                          (such as JWH–018 and AM–2201), and                    system of records currently entitled ‘‘My
                                                  amendments that may be appropriate.                                                                           HealtheVet Administrative Records-VA’’
                                                  As part of this examination, the                        synthetic cathinones (such as
                                                                                                          Methylone, MDPV, and Mephedrone),                     (130VA19) as set forth in the Federal
                                                  Commission intends to study possible                                                                          Register 75 FR 70365. VA is amending
                                                  approaches to (A) simplify the operation                and consideration of any amendments
                                                                                                          to the Guidelines Manual that may be                  the system by revising the System
                                                  of the guidelines, promote                                                                                    Number, System Location, Categories of
                                                  proportionality, and reduce sentencing                  appropriate in light of the information
                                                                                                          obtained from such study.                             Individuals Covered by the System,
                                                  disparities; and (B) appropriately                                                                            Categories of Records in the System,
                                                  account for the defendant’s role,                          (10) Possible consideration of whether
                                                                                                          the weapon enhancement in                             Records Source Categories, Routine
                                                  culpability, and relevant conduct.                                                                            Uses of Records Maintained in the
                                                     (3) Continuation of its study of                     § 2D1.1(b)(1) should be amended to
                                                                                                          conform to the ‘‘safety valve’’ provision             System, Retention and Disposal, System
                                                  approaches to encourage the use of
                                                                                                          at 18 U.S.C. 3553(f) and § 5C1.2                      Manager, Record Access Procedure, and
                                                  alternatives to incarceration.
                                                     (4) Continuation of its multi-year                   (Limitation on Applicability of Statutory             Notification Procedure. VA is
                                                  study of statutory and guideline                        Minimum Sentences in Certain Cases).                  republishing the system notice in its
                                                  definitions relating to the nature of a                    (11) Study of environmental offenses               entirety.
                                                  defendant’s prior conviction (e.g.,                     involving knowing endangerment                        DATES: Comments on the amendment of
                                                  ‘‘crime of violence,’’ ‘‘aggravated                     resulting from mishandling hazardous                  this system of records must be received
                                                  felony,’’ ‘‘violent felony,’’ ‘‘drug                    or toxic substances, pesticides, or other             no later than September 23, 2016. If no
mstockstill on DSK3G9T082PROD with NOTICES




                                                  trafficking offense,’’ and ‘‘felony drug                pollutants, and consideration of any                  public comment is received, the
                                                  offense’’) and the impact of such                       amendments to the Guidelines Manual                   amended system will become effective
                                                  definitions on the relevant statutory and               that may be appropriate in light of the               September 23, 2016.
                                                  guideline provisions (e.g., career                      information obtained from such study.                 ADDRESSES: Written comments
                                                  offender, illegal reentry, and armed                       (12) Implementation of the Bipartisan              concerning the amended system of
                                                  career criminal), possibly including                    Budget Act of 2015, Public Law 114–74,                records may be submitted through
                                                  recommendations to Congress on any                      and any other crime legislation enacted               www.regulations.gov; by mail or hand-


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                                                  58006                      Federal Register / Vol. 81, No. 164 / Wednesday, August 24, 2016 / Notices

                                                  delivery to Director, Regulations                       disclosed directly to the contractor, VA may          AUTHORITY FOR MAINTENANCE OF THE SYSTEM:
                                                  Management (02REG), Department of                       impose applicable conditions on the                     Title 38, United States Code, section
                                                  Veterans Affairs, 810 Vermont Avenue                    department, agency, and/or contractor to              501.
                                                                                                          ensure the appropriateness of the disclosure
                                                  NW., Room 1068, Washington, DC
                                                                                                          to the contractor.                                    PURPOSE(S):
                                                  20420; or by fax to (202) 273–9026. All
                                                  comments received will be available for                   The Retention and Disposal section is                 The information in the My HealtheVet
                                                  public inspection in the Office of                      being amended to remove General                       Administrative Records is needed to
                                                  Regulation Policy and Management,                       Records Schedules (GRS) 20, item 1c                   operate the My HealtheVet program
                                                  Room 1063B, between the hours of 8:00                   and GRS 24, item 6a. This section will                including, but not limited to,
                                                  a.m. and 4:30 p.m., Monday through                      now include research and GRS 3.2 Item                 registration and verification of the
                                                  Friday (except holidays). Please call                   031.                                                  Veteran’s identity or to register and
                                                  (202) 461–4902 (this is not a toll-free                                                                       authenticate those who have legal
                                                                                                            The System Manager(s) and Address,                  authority to participate in lieu of the
                                                  number) for an appointment. In                          Notification Procedure, and Record
                                                  addition, during the comment period,                                                                          Veteran, to assign and verify
                                                                                                          Access Procedure sections are being                   administrators of the My HealtheVet
                                                  comments may be viewed online                           amended to remove the Chief, Technical
                                                  through the Federal Docket Management                                                                         portal, to retrieve the Veteran’s
                                                                                                          Infrastructure Division (31), Austin                  information to perform specific
                                                  System at www.regulations.gov.                          Automation Center, 1615 Woodward
                                                  FOR FURTHER INFORMATION CONTACT:                                                                              functions, and to allow access to
                                                                                                          Street, Austin, Texas 78772. These                    specific information and provide other
                                                  Veterans Health Administration (VHA)                    sections will now include My
                                                  Privacy Officer, Department of Veterans                                                                       associated My HealtheVet electronic
                                                                                                          HealtheVet Chief Information Officer, 55              services in current and future
                                                  Affairs, 810 Vermont Avenue NW.,                        Foothill Drive, Suite 400, Salt Lake City,
                                                  Washington, DC 20420; telephone (704)                                                                         applications of the My HealtheVet
                                                                                                          Utah 84113.                                           program. The administrative
                                                  245–2492.
                                                                                                            The Report of Intent to Amend a                     information may also be used to create
                                                  SUPPLEMENTARY INFORMATION: The
                                                                                                          System of Records Notice and an                       administrative business reports for
                                                  System Number is changed from                           advance copy of the system notice have
                                                  130VA19 to 130VA10P2 to reflect the                                                                           system owners and VA managers who
                                                                                                          been sent to the appropriate                          are responsible for ensuring that the My
                                                  current organizational alignment.                       Congressional committees and to the
                                                     The System Location in this system of                                                                      HealtheVet system is meeting
                                                                                                          Director of the Office of Management                  performance expectations and is in
                                                  records is being amended to include
                                                                                                          and Budget (OMB) as required by 5                     compliance with applicable Federal
                                                  contracted data storage location.
                                                                                                          U.S.C. 552a(r) (Privacy Act) and                      laws and regulations. Administrative
                                                     The Categories of Individuals Covered
                                                                                                          guidelines issued by OMB (65 FR                       information may also be used for
                                                  by the System is being amended to
                                                                                                          77677), December 12, 2000.                            evaluation to support program
                                                  remove ‘‘grantee, family members and
                                                  friends’’ and add ‘‘power of attorney                   Signing Authority                                     improvement, including VA approved
                                                  and legal guardian’’ to section (2).                                                                          research studies.
                                                  Section (4) is being amended to replace                   The Secretary of Veterans Affairs, or
                                                                                                                                                                CATEGORIES OF INDIVIDUALS COVERED BY THE
                                                  ‘‘VHA Information Technology (IT)’’                     designee, approved this document and
                                                                                                                                                                SYSTEM:
                                                  with ‘‘VA Office of Information and                     authorized the undersigned to sign and
                                                                                                          submit the document to the Office of the                Individuals covered by this system
                                                  Technology (OI&T)’’. The Categories of                                                                        encompass: (1) All individuals who
                                                  Records in the System is being amended                  Federal Register for publication
                                                                                                          electronically as an official document of             successfully register for a My
                                                  to delete ‘‘grantee’’. The Record Source                                                                      HealtheVet account and whose identity
                                                  Categories is being amended to add                      the Department of Veterans Affairs. Gina
                                                                                                          S. Farrisee, Deputy Chief of Staff,                   has been verified; (2) Representatives of
                                                  ‘‘power of attorney’’ to section (2).                                                                         the above individuals who have been
                                                  Routine Uses of Records Maintained in                   approved this document on August 2,
                                                                                                          2016, for publication.                                provided Delegate access to My
                                                  the System is being deleted:                                                                                  HealtheVet including, but not limited
                                                     ‘‘8. Disclosure of information may be                  Dated: August 8, 2016.                              to, Power of Attorney (POA), legal
                                                  made to VA approved researchers to                      Kathleen M. Manwell,                                  guardian, or VA and non-VA health care
                                                  enhance, advance and promote both the                   VA Privacy Service, Office of Privacy and             providers; (3) VA health care providers
                                                  function and the content of the My                      Records Management, Department of                     and certain administrative staff; (4) VA
                                                  HealtheVet application.’’                               Veterans Affairs.                                     Office of Information and Technology
                                                     This section is also being amended to
                                                                                                          130VA10P2                                             (OI&T) staff and/or their approved
                                                  add:
                                                                                                                                                                contractors who may need to enter
                                                    8. VA may disclose health information for             SYSTEM NAME:                                          identifying, administrative information
                                                  research purposes determined to be                                                                            into the system to initiate, support, and
                                                  necessary and proper to epidemiological and               My HealtheVet Administrative
                                                  other research entities approved by the                                                                       maintain electronic services for My
                                                                                                          Records-VA.
                                                  Under Secretary for Health or designee, such                                                                  HealtheVet participants; and (5) VA
                                                  as the Medical Center Director of the facility          SYSTEM LOCATION:                                      researchers fulfilling VA required
                                                  where the information is maintained.                                                                          authorization procedures.
                                                    9. VA may disclose health information,                  Records are maintained at Veterans
                                                  including the name(s) and address(es) of                Health Administration (VHA) facilities,               CATEGORIES OF RECORDS IN THE SYSTEM:
                                                  present or former personnel of the Armed                VA National Data Centers, VA Health                      The records include personally
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                                                  Services and/or their dependents, (a) to a              Data Repository (HDR), and at the                     identifiable information, such as an
                                                  Federal department or agency or (b) directly            contracted data storage system located                individual’s full name; My HealtheVet
                                                  to a contractor of a Federal department or
                                                  agency, at the written request of the head of
                                                                                                          in Culpepper, Virginia. Address                       User Identifier (ID); date of birth; Social
                                                  the agency or the designee of the head of that          locations for VHA facilities are listed in            Security number; email address;
                                                  agency, to conduct Federal research                     VA Appendix 1 of the biennial                         telephone number; mother’s maiden
                                                  necessary to accomplish a statutory purpose             publications of the VA systems of                     name; ZIP code; place and date of
                                                  of an agency. When this information is to be            records.                                              registration for My HealtheVet; Delegate


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                                                                             Federal Register / Vol. 81, No. 164 / Wednesday, August 24, 2016 / Notices                                             58007

                                                  user IDs associated with My HealtheVet                  responsibility of investigating or                    security or integrity of this system or
                                                  accounts; level of access to My                         prosecuting civil, criminal or regulatory             other systems or programs (whether
                                                  HealtheVet electronic services; date and                violations of law, or charged with                    maintained by the Department or
                                                  type of transaction; web analytics for the              enforcing or implementing the statute,                another agency or entity) that rely upon
                                                  purpose of monitoring site usage;                       regulation, rule or order issued pursuant             the compromised information; and (3)
                                                  patient internal control number (ICN);                  thereto. On its own initiative, VA may                the disclosure is to agencies, entities,
                                                  and other administrative data needed                    disclose information including names of               and persons whom VA determines are
                                                  for My HealtheVet roles and services.                   My HealtheVet users and system                        reasonably necessary to assist or carry
                                                                                                          administrators to a Federal agency                    out the Department’s efforts to respond
                                                  RECORD SOURCE CATEGORIES:                               charged with the responsibility of                    to the suspected or confirmed
                                                    The sources of information for this                   investigating or prosecuting civil,                   compromise and prevent, minimize, or
                                                  system of records include the                           criminal or regulatory violations of law,             remedy such harm. This routine use
                                                  individuals covered by this notice and                  or charged with enforcing or                          permits disclosure by the Department to
                                                  an additional contributor, as listed                    implementing the statute, regulation,                 respond to a suspected or confirmed
                                                  below:                                                  rule or order issued pursuant thereto.                data breach, including the conduct of
                                                    (1) All individuals who successfully                     3. VA may disclose information from                any risk analysis or provision of credit
                                                  register for a My HealtheVet account;                   this system to the National Archives and              protection services as provided in 38
                                                    (2) Representatives of the above                      Records Administration (NARA) and                     U.S.C. 5724.
                                                  individuals who have been provided                      General Services Administration in                      8. VA may disclose health
                                                  access to the private health space by the               records management inspections                        information for research purposes
                                                  Veteran user, including but not limited                 conducted under title 44, United States               determined to be necessary and proper
                                                  to, POA, or VA and non-VA health care                   Code (U.S.C.).                                        to epidemiological and other research
                                                  providers;                                                 4. VA may disclose information from                entities approved by the Under
                                                    (3) VA health care providers;                         this system of records to the Department              Secretary for Health or designee, such as
                                                    (4) VA OI&T staff and/or their                        of Justice (DoJ), either on VA’s initiative           the Medical Center Director of the
                                                  contractors and subcontractors who may                  or in response to DoJ’s request for the               facility where the information is
                                                  need to enter information into the                      information, after either VA or DoJ                   maintained.
                                                  system to initiate, support and maintain                determines that such information is                     9. VA may disclose health
                                                  My HealtheVet electronic services for                   relevant to DoJ’s representation of the               information, including the name(s) and
                                                  My HealtheVet users;                                    United States or any of its components                address(es) of present or former
                                                    (5) VistA and other VA IT systems;                    in legal proceedings before a court or                personnel of the Armed Services and/or
                                                    (6) VA researchers fulfilling VA                      adjudicative body, provided that, in                  their dependents, (a) to a Federal
                                                  required authorization procedures (see                  each case, the agency also determines                 department or agency or (b) directly to
                                                  VHA Handbook 1200.01 http://                            prior to disclosure that release of the               a contractor of a Federal department or
                                                  www1.va.gov/vhapublications/                            records to the DoJ is a use of the                    agency, at the written request of the
                                                  ViewPublication.asp?pub_ID=2038).                       information contained in the records                  head of the agency or the designee of the
                                                                                                          that is compatible with the purpose for               head of that agency, to conduct Federal
                                                  ROUTINE USES OF RECORDS MAINTAINED IN THE               which VA collected the records. VA, on                research necessary to accomplish a
                                                  SYSTEM, INCLUDING CATEGORIES OF USERS AND
                                                                                                          its own initiative, may disclose records              statutory purpose of an agency. When
                                                  THE PURPOSES OF SUCH USES:
                                                                                                          in this system of records in legal                    this information is to be disclosed
                                                     To the extent that records contained                 proceedings before a court or                         directly to the contractor, VA may
                                                  in the system include information                       administrative body after determining                 impose applicable conditions on the
                                                  protected by 45 CFR. Parts 160 and 164                  that the disclosure of the records to the             department, agency, and/or contractor
                                                  (i.e., individually identifiable health                 court or administrative body is a use of              to ensure the appropriateness of the
                                                  information), and 38 U.S.C. 7332 (i.e.,                 the information contained in the records              disclosure to the contractor.
                                                  medical treatment information related to                that is compatible with the purpose for
                                                  drug abuse, alcoholism or alcohol abuse,                which VA collected the records.                       POLICIES AND PRACTICES FOR STORAGE OF
                                                  sickle cell anemia or infection with the                   5. Disclosure may be made to a                     RECORDS:
                                                  human immunodeficiency virus), that                     congressional office from the record of                 My HealtheVet Administrative
                                                  information cannot be disclosed under a                 an individual in response to an inquiry               Records are maintained on paper and
                                                  routine use unless there is also specific               from the congressional office made at                 electronic media, including hard drive
                                                  statutory authority in 38 U.S.C. 7332                   the request of that individual.                       disks, which are backed up to tape at
                                                  and regulatory authority in 45 CFR parts                   6. Disclosure to other Federal agencies            regular intervals.
                                                  160 and 164 permitting disclosure.                      may be made to assist such agencies in                POLICIES AND PRACTICES FOR RETRIEVABILITY
                                                     1. Disclosure of information in this                 preventing and detecting possible fraud               OF RECORDS:
                                                  system of records may be made to                        or abuse by individuals in their                        Records may be retrieved by an
                                                  private or public sector organizations,                 operations and programs.                              individual’s name, user ID, date of
                                                  individuals, agencies, etc., with whom                     7. Disclosure of information may be
                                                                                                                                                                registration for My HealtheVet
                                                  VA has a contract or agreement,                         made when (1) VA suspects or has
                                                                                                                                                                electronic services, ZIP code, the VA
                                                  including subcontractors, in order to                   confirmed that the integrity or
                                                                                                                                                                assigned ICN, date of birth and/or Social
                                                  administer the My HealtheVet program,                   confidentiality of information in the
                                                                                                                                                                Security number, if provided.
                                                  or perform other such services as VA                    system of records has been
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                                                  deems appropriate and practical for the                 compromised; (2) the Department has                   POLICIES AND PRACTICES FOR RETENTION AND
                                                  purposes of administering VA laws.                      determined that as a result of the                    DISPOSAL OF RECORDS:
                                                     2. On its own initiative, VA may                     suspected or confirmed compromise,                       Records are maintained and disposed
                                                  disclose information, except for the                    there is a risk of embarrassment or harm              of in accordance with the records
                                                  names of My HealtheVet users and                        to the reputations of the record subjects,            disposition authority approved by the
                                                  system administrators, to State, local,                 harm to economic or property interests,               Archivist of the United States. Records
                                                  tribal or foreign agency charged with the               identity theft or fraud, or harm to the               from this system that are needed for


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                                                  58008                      Federal Register / Vol. 81, No. 164 / Wednesday, August 24, 2016 / Notices

                                                  audit purposes will be retained for at                  Administrative Records is restricted to               RECORD ACCESS PROCEDURE:
                                                  least six (6) years after a user’s account              authorized staff and protected by a                     Individuals seeking information
                                                  becomes inactive. Routine records will                  variety of security devices. The Federal              regarding access to and/or contesting of
                                                  be disposed of when the agency                          Protective Service or other security                  records in this system may write or call
                                                  determines they are no longer needed                    personnel provide physical security for               their local VHA facility and/or the My
                                                  for administrative, legal, audit, research,             the buildings housing computer systems                HealtheVet Chief Information Officer, 55
                                                  or other operational purposes, but no                   and data centers.                                     Foothill Drive, Suite 400, Salt Lake City,
                                                  less than six (6) years from date of last                  3. Data transmissions between                      Utah 84113.
                                                  account activity. These retention and
                                                                                                          operational systems and My HealtheVet
                                                  disposal statements are pursuant to the                                                                       CONTESTING RECORD PROCEDURES:
                                                                                                          Administrative Records maintained by
                                                  currently applicable NARA General
                                                                                                          this system of records are protected by                 (See Record Access Procedures
                                                  Records Schedule GRS 3.2 Item 031.
                                                                                                          telecommunications security software                  above.)
                                                  PHYSICAL, PROCEDURAL, AND ADMINISTRATIVE                and hardware as prescribed by Federal
                                                  SAFEGUARDS:                                             security and privacy laws as well as VA               NOTIFICATION PROCEDURE:
                                                    1. Access to and use of the My                        standards and practices. This includes                   Individuals who wish to determine
                                                  HealtheVet Administrative Records are                   firewalls, encryption, and other security             whether a record is being maintained
                                                  limited to those persons whose official                 measures necessary to safeguard data as               under their name in this system or wish
                                                  duties require such access. VA has                      it travels across the VA Wide Area                    to determine the contents of such
                                                  established security controls and                       Network.                                              records have two options:
                                                  procedures to ensure that access is                        4. Copies of back-up computer files                   1. Submit a written request or apply
                                                  appropriately limited. Information                      are maintained at secure off-site                     in person to the VHA facility where the
                                                  Security Officers and system data                       locations.                                            records are located. VHA facility
                                                  stewards review and authorize data                                                                            location information can be found in the
                                                  access requests. VA regulates data                      SYSTEM MANAGER(S):                                    Facilities Locator section of VA’s Web
                                                  access with security software that                                                                            site at http://www.va.gov; or
                                                  authenticates My HealtheVet                               Official responsible for policies and
                                                  administrative users and requires                       procedures: Director of Veterans and                     2. Submit a written request or apply
                                                  individually unique codes and                           Consumers Health Informatics Office,                  in person to the My HealtheVet Chief
                                                  passwords. VA provides Information                      8455 Colesville Road, Suite 1200, Silver              Information Officer, 55 Foothill Drive,
                                                  Security training to all staff and                      Spring, Maryland 20910. Officials                     Suite 400, Salt Lake City, Utah 84113.
                                                  instructs staff on the responsibility each              maintaining this system of record: VHA                   Inquiries should include the person’s
                                                  person has for safeguarding data                        facilities (address locations for VHA                 full name, user ID, date of birth, and
                                                  confidentiality. VA regularly updates                   facilities are listed in VA Appendix 1 of             return address.
                                                  security standards and procedures that                  the biennial publications of the VA
                                                                                                                                                                EXEMPTIONS PROMULGATED FOR THE SYSTEM:
                                                  are applied to systems and individuals                  systems of records) and the My
                                                  supporting this program.                                HealtheVet Chief Information Officer, 55                None.
                                                    2. Physical access to computer rooms                  Foothill Drive, Suite 400, Salt Lake City,            [FR Doc. 2016–20217 Filed 8–23–16; 8:45 am]
                                                  housing the My HealtheVet                               Utah 84113.                                           BILLING CODE P
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Document Created: 2016-08-24 03:02:43
Document Modified: 2016-08-24 03:02:43
CategoryRegulatory Information
CollectionFederal Register
sudoc ClassAE 2.7:
GS 4.107:
AE 2.106:
PublisherOffice of the Federal Register, National Archives and Records Administration
SectionNotices
ActionNotice of amendment to system of records.
DatesComments 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.
ContactVeterans Health Administration (VHA) Privacy Officer, Department of Veterans Affairs, 810 Vermont Avenue NW., Washington, DC 20420; telephone (704) 245-2492.
FR Citation81 FR 58005 

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