81 FR 59271 - Privacy Act of 1974; System of Records

DEPARTMENT OF VETERANS AFFAIRS

Federal Register Volume 81, Issue 167 (August 29, 2016)

As required by the Privacy Act of 1974, 5 U.S.C. 552a(e), notice is hereby given that the Department of Veteran Affairs (VA) is amending the system of records currently entitled ``Voluntary Service Records--VA'' (57VA135) as set forth in the Federal Register 74 FR 17555. VA is amending the system of records by revising the System Number, System Location, Purpose, Categories of Records in the System, Records Source Categories, Routine Uses of Records Maintained in the System, Policies and Practices for Storage of Records, Policies and Practices for Retrievability of Records, Safeguards, System Manager(s) and Address, and Notification Procedure. VA is republishing the system notice in its entirety.

[Federal Register Volume 81, Number 167 (Monday, August 29, 2016)]
[Notices]
[Pages 59271-59273]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2016-20606]


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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 Veteran Affairs (VA) is 
amending the system of records currently entitled ``Voluntary Service 
Records--VA'' (57VA135) as set forth in the Federal Register 74 FR 
17555. VA is amending the system of records by revising the System 
Number, System Location, Purpose, Categories of Records in the System, 
Records Source Categories, Routine Uses of Records Maintained in the 
System, Policies and Practices for Storage of Records, Policies and 
Practices for Retrievability of Records, Safeguards, System Manager(s) 
and Address, and Notification Procedure. VA is republishing the system 
notice in its entirety.

DATES: Comments on this new system of records must be received no later 
than September 28, 2016. If no public comment is received during the 
period allowed for comment or unless otherwise published in the Federal 
Register by VA, the new system will become effective September 28, 
2016.

ADDRESSES: Written comments concerning the amended system of records 
may be submitted through www.regulations.gov; by mail or hand-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: Sabrina C. Clark, Director, Voluntary 
Service Office (10B2A), Department of Veterans Affairs, 810 Vermont 
Avenue NW., Washington, DC 20420. Veterans Health Administration (VHA), 
Privacy Officer, Department of Veterans Affairs, 810 Vermont Ave NW., 
Washington, DC 20420, (704) 245-2492.

SUPPLEMENTARY INFORMATION: The System Number is changed from 57VA135 to 
57VA10B2A to reflect the current organizational alignment.
    The System Location has been amended to remove ``VSS is a web-based 
volunteer timekeeping package currently housed on Webservers at Silver 
Spring, MD.'' The new language will state that VSS is a web-based 
volunteer timekeeping package currently housed on Webservers located at 
the Capital Region Readiness Center, 221 Butler Avenue, Building 511, 
Martinsburg, West Virginia 25405.
    The Purpose is being amended to remove student volunteer.
    The Categories of Records in the System is being amended to add: 
``Administrative records containing personal information such as name, 
address, phone number, email address, date of birth, and volunteer date 
in a VA health care facility, VA regional office, or VA cemetery, which 
is provided by the volunteer on VA Form 10-7055, `Application for 
Voluntary Service'.''
    The Records Source Categories is being amended to change 24VA136 to 
24VA10P2.
    The Routine Uses of Records Maintained in the System has been 
amended to delete the first routine use as it was duplicative of number 
2. The numbering was corrected upon the removal of the duplicate 
routine use.
    The Policies and Practices for Storage of Records and Safeguards 
sections are being amended to remove Silver Spring, Maryland, and 
replace it with Martinsburg, West Virginia.
    The Policies and Practices for Retrievability of Records section is 
being amended to include names under section (a). Section (b) will 
include, ``but are not retrievable through VSS.''
    The System Manager(s) and Address section is being amended to 
change the official maintaining the system from dNovus Contractor, Jay 
Singh, VHA Oakland OIFO, 1301 Clay Street, Suite 1350N, Oakland, CA 
94612 to Technatomy Contractor, Jay Singh, VHA Oakland Office of 
Information Field Office (OIFO), 1301 Clay Street, Suite 1350N, 
Oakland, California 94612.
    The Notification Procedure section is being amended to state 
``submit a written request to the Director, Voluntary Service Office 
(10B2A), Department of Veterans Affairs, 810 Vermont Avenue NW., 
Washington, DC 20420 or email [email protected] or inquire in 
person at the VA health care facility where their voluntary service was 
accomplished.''
    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, August 5, 2016, for publication.

    Dated: August 10, 2016.
Kathleen M. Manwell,
Program Analyst, VA Privacy Service, Office of Privacy and Records 
Management, Department of Veterans Affairs.
57VA10B2A

SYSTEM NAME:
    Voluntary Service Records--VA

SYSTEM LOCATION:
    Records are maintained at each of the VA health care facilities and 
in the Voluntary Service System (VSS). Active records are retained at 
the facility where the individual has volunteered to assist the 
administrative and professional personnel and in the VSS. Basic 
information for all inactive records is retained at the facility where 
the volunteer worked and in the VSS. VSS is a web-based volunteer 
timekeeping package currently housed on Webservers located at the 
Capital Region Readiness Center, 221 Butler Avenue, Building 511, 
Martinsburg, West Virginia 25405.

AUTHORITY FOR MAINTENANCE OF THE SYSTEM:
    Title 38, United States Code, Section 513.

[[Page 59272]]

PURPOSE(S):
    The records and information are used for tracking the number of 
regularly-scheduled volunteers and occasional volunteers to produce 
statistical and managerial reports on the number of hours and visits of 
all volunteers each month, and to present volunteers with certificates 
of appreciation for service.

CATEGORIES OF INDIVIDUALS COVERED BY THE SYSTEM:
    All volunteers, regularly-scheduled and occasional, including non-
affiliated and members of voluntary service organizations; welfare, 
service, veterans, fraternal, religious, civic, industrial, labor, and 
social groups or clubs, which voluntarily offer the services of their 
organizations and/or individuals to assist with the provision of care 
to patients, either directly or indirectly, through VA Voluntary 
Service under Title 38, United States Code, Section 513.

CATEGORIES OF RECORDS IN THE SYSTEM:
    Administrative records containing personal information such as 
name, address, phone number, email address, date of birth, and 
volunteer date in a VA health care facility, VA regional office, or VA 
cemetery is provided by the volunteer on VA Form 10-7055, ``Application 
for Voluntary Service''. Information relating to the individual 
membership in service organizations, qualifications, restrictions and 
preferences of duty and availability to schedule time of service. 
Training records pertaining to the volunteer's service will also be 
maintained for all active volunteers at the facility where the 
volunteer works. Medical records of active volunteers will be 
maintained in the facility's Employee Health office. Fingerprint and 
background investigation records will be maintained by the local 
facility's office that handles those investigations.

RECORD SOURCE CATEGORIES:
    Information in this system of records may be provided by the 
volunteer, his/her family, civic and service organization, ``Patient 
Medical Records--VA'' (24VA10P2) system of records, and Voluntary 
Service at the VA health care facility where the volunteer worked.

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. VA may disclose on its own initiative any information in this 
system, except the names and home addresses of Veterans and their 
family members or caregivers which is relevant to a suspected or 
reasonably imminent violation of law, whether civil, criminal or 
regulatory in nature, and whether arising by general or program statute 
or by regulation, rule or order issued pursuant thereto, to a Federal, 
State, local, Tribal, or foreign agency charged with the responsibility 
of investigating or prosecuting such violation, or charged with 
enforcing or implementing the statute, regulation, rule or order. On 
its own initiative, VA may also disclose the names and addresses of 
Veterans, their family members or caregivers 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.
    2. The name and address of a Veteran, which is relevant to a 
suspected violation or reasonably imminent violation of law concerning 
public health or safety, whether civil, criminal or regulatory in 
nature and whether arising by general or program statute or by 
regulation, rule or order issued pursuant thereto, may be disclosed to 
any foreign, State or local governmental agency or instrumentality 
charged under applicable law with the protection of the public health 
or safety if a qualified representative of such organization, agency or 
instrumentality has made a written request that such name and address 
be provided for a purpose authorized by law.
    3. Volunteer records may be used to confirm volunteer service, duty 
schedule, and assignments to service organizations, Bureau of 
Unemployment, insurance firms, office of personnel of the individual's 
fulltime employment; to assist in the development of VA history of the 
volunteer and his/her assignments; and to confirm voluntary hours for 
on-the job accidents, and for recognition awards.
    4. 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.
    5. Disclosure may be made to the National Archives and Records 
Administration and to General Services Administration in records 
management inspections conducted under authority of 44 U.S.C.
    6. 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.
    7. Relevant information may be disclosed to individuals, 
organizations, private or public agencies, etc., with whom VA has a 
contract or agreement to perform such services as VA may deem 
practicable for the purposes of laws administered by VA, in order for 
the contractor or subcontractor to perform the services of the contract 
or agreement. VA occasionally contracts out certain of its functions 
when this would contribute to effective and efficient operations.
    8. 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.
    9. VA may, on its own initiative, disclose any information or 
records to appropriate agencies, entities, and persons 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, 
confidentiality, or integrity of this system or other systems or 
programs (whether maintained by the Department or another agency) that 
rely upon the compromised information; and (3) the disclosure is to 
agencies, entities,

[[Page 59273]]

or 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 disclosures 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.

POLICIES AND PRACTICES FOR STORAGE OF RECORDS:
    Digital information of all active volunteers is maintained in 
Martinsburg, West Virginia, on secured Webservers. Paper documents for 
all active volunteers are maintained in locked file cabinets at the 
individual VA facilities where the volunteer has donated time. Computer 
files containing basic information, such as name, address, date of 
birth, volunteer assignments, hours/years volunteered, and award 
information are retained for all volunteers, either active or inactive, 
at the VA facility where the volunteer worked.

POLICIES AND PRACTICES FOR RETRIEVABILITY OF RECORDS:
    (a) All volunteer records are filed by name and unique 
identification numbers within the VA's VSS, and are cross-referenced 
under the organization(s) they represent.
    (b) Health records are stored by name and Social Security number in 
the VISTA patient files, but are not retrievable through VSS.

POLICIES AND PRACTICES FOR RETENTION AND DISPOSAL OF RECORDS:
    1. The individual volunteer's record of service is maintained by 
the VA health care facility, as long as he or she is living and 
actively participating in the VAVS program. VSS maintains minimum 
information on all volunteers indefinitely. These minimum records 
include the volunteer's name, address, date of birth, telephone number, 
next of kin information, assignments worked, hours and years of 
service, and last award received.
    2. Depending on the record medium, records are destroyed by either 
shredding or degaussing. Summary reports and other output reports are 
destroyed when no longer needed for current operation. Regardless of 
record medium, no records will be retired to a Federal records center.

PHYSICAL, PROCEDURAL, AND ADMINISTRATIVE SAFEGUARDS:
    1. Access to VA working space and medical record storage areas and 
the Web-servers in Martinsburg, West Virginia, is restricted to VA 
employees on a ``need to know'' basis. Generally, VA file areas are 
locked after normal duty hours and are protected from outside access by 
the Federal Protective Service. Volunteer file records of sensitive 
medical record files are stored in separate locked files.
    2. Strict control measures are enforced to ensure that access to 
and disclosure from all records including electronic files and 
volunteer specific data elements stored in the VSS are limited to VA 
Voluntary Service (VAVS) employees whose official duties warrant access 
to those files. The automated record system recognizes authorized users 
by keyboard entry of a series of unique passwords. Once the employee is 
logged onto the system, access to files is controlled by discreet 
menus, which are assigned by the VSS package local system administrator 
based upon the employee's demonstrated need to access the data to 
perform the employee's assigned duties. A number of other security 
measures are implemented to enhance security of electronic records 
(automatic timeout after short period of inactivity, device locking 
after pre-set number of invalid logon attempts, etc.). Employees are 
required to sign a user access agreement acknowledging their knowledge 
of confidentiality requirements, and all employees receive annual 
training on information security. Access is deactivated when no longer 
required for official duties. Recurring monitors are in place to ensure 
compliance with nationally and locally established security measures.
    3. Online data resides on VSS Webservers in Martinsburg, West 
Virginia, that are highly secured.
    4. Any sensitive information that may be downloaded or printed to 
hard copy format is provided the same level of security as the 
electronic records. All paper documents and informal notations 
containing sensitive data are shredded prior to disposal.
    5. All new VAVS employees receive initial information security 
training, and refresher training is provided to all employees on an 
annual basis.

SYSTEM MANAGER(S):
    Official responsible for policies and procedures: Director, 
Voluntary Service Office (10B2A), Department of Veterans Affairs, 810 
Vermont Avenue NW., Washington, DC 20420. Official maintaining the 
system: Technatomy Contractor, Jay Singh, VHA Oakland OIFO, 1301 Clay 
Street, Suite 1350N, Oakland, California 94612.

RECORD ACCESS PROCEDURE:
    Volunteers, dependents, survivors or duly authorized 
representatives seeking information regarding access to and contesting 
of VAVS records may contact the Voluntary Service office at the VA 
health care facility where the individual served as a volunteer.

CONTESTING RECORD PROCEDURES:
    (See Record Access Procedures above.)

NOTIFICATION PROCEDURE:
    Individuals seeking information concerning the existence and 
content of their service records must submit a written request to 
Director, Voluntary Service Office (10B2A), Department of Veterans 
Affairs, 810 Vermont Avenue NW., Washington, DC 20420 or email 
[email protected] or inquire in person at the VA health care 
facility where their voluntary service was accomplished. All inquiries 
must reasonably identify, to the VA facility, the portion of the 
volunteer's service record they want information about and the 
approximate dates of service, in order to receive that information. 
Inquiries should include the volunteer's name, organization 
represented, date of birth, and last address while serving as a 
volunteer to the VA.

EXEMPTIONS PROMULGATED FOR THE SYSTEM:
    None.

[FR Doc. 2016-20606 Filed 8-26-16; 8:45 am]
 BILLING CODE 8320-01-P