Federal Register - August 17, 2021
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Source: Federal Register
khammond on DSKJM1Z7X2PROD with NOTICES
Federal Register / Vol. 86, No. 156 / Tuesday, August 17, 2021 / Notices a minimum of 30 days after date of publication in the Federal Register. If VA receives public comments, VA shall review the comments to determine whether any changes to the notice are necessary.
ADDRESSES: Comments may be submitted through www.Regulations.gov or mailed to VA Privacy Service, 810
Vermont Avenue NW, 005R1A, Washington, DC 20420. Comments should indicate that they are submitted in response to Enrollment and Eligibility Records-VA 147VA10NF1.
Comments received will be available at regulations.gov for public viewing, inspection or copies.
FOR FURTHER INFORMATION CONTACT:
Stephania Griffin, Veterans Health Administration VHA Privacy Officer, Department of Veterans Affairs, 810
Vermont Avenue NW, Washington, DC
20420; telephone 704 2452492 Note:
not a toll-free number.
SUPPLEMENTARY INFORMATION: The System Number will be changed from 147VA10NF1 to 147VA10 to reflect the current VHA organizational routing symbol.
The System Location and Record Source Categories are being updated to change 24VA10P2 to 24VA10A7 and 79VA10P2 to 79VA10.
Categories of Individuals Covered by the System is being amended to include non-Veteran, survivors, and VA Fourth Mission.
The System Manager is being amended to replace Chief Business Officer, 1722 I Street, with Deputy Under Secretary for Health and Operations, VHA Member Services 810
Vermont Avenue NW, Washington, DC
20420.
The Routine Uses of Records Maintained in the System has been amended by modifying the language in Routine Use 6 which states that disclosure of the records to the Department of Justice DoJ is a use of the information contained in the records that is compatible with the purpose for which VA collected the records. VA
may disclose records in this system of records in legal proceedings before a court or administrative body after determining that the disclosure of the records to the court or administrative body is a use of the information contained in the records that is compatible with the purpose for which VA collected the records. This routine use will now state that VA may disclose information to the Department of Justice DoJ, or in a proceeding before a court, adjudicative body, or other administrative body before which VA is authorized to appear, when:
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a VA or any component thereof;
b Any VA employee in his or her official capacity;
c Any VA employee in his or her official capacity where DoJ has agreed to represent the employee; or d The United States, where VA
determines that litigation is likely to affect the agency or any of its components, is a party to such proceedings or has an interest in such proceedings, and VA
determines that use of such records is relevant and necessary to the proceedings, provided, however, that in each case VA determines the disclosure is compatible with the purpose for which the records were collected. If the disclosure is in response to a subpoena, summons, investigative demand, or similar legal process, the request must meet the requirements for a qualifying law enforcement request under the Privacy Act, 5 U.S.C. 552ab7, or an order from a court of competent jurisdiction under 552ab11.
Routine Use 7 is being amended to remove General Services Administration.
Routine Use 13 has been amended by clarifying the language to state, VA
may disclose any information or records to appropriate agencies, entities, and persons when 1 VA suspects or has confirmed that there has been a breach of the system of records; 2 VA has determined that as a result of the suspected or confirmed breach there is a risk to individuals, VA including its information systems, programs, and operations, the Federal Government, or national security; and 3 the disclosure made to such agencies, entities, or persons reasonably necessary to assist in connection with VA efforts to respond to the suspected or confirmed breach or to prevent, minimize, or remedy such harm.
Routine Use 14 is being amended to include non-Veterans receiving VA
medical care under VAs Fourth Mission.
Routine Use 16 is being added to state, VA may disclose information from this system of records to another Federal agency or Federal entity, when VA determines that information from this system of records is reasonably necessary to assist the recipient agency or entity in 1 responding to a suspected or confirmed breach or 2
preventing, minimizing, or remedying the risk of harm to individuals, the recipient agency or entity including its information systems, programs, and operations, the Federal Government, or national security, resulting from a suspected or confirmed breach.
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Policies and Practices for Retrievability of Records is being amended to include Electronic Data Interchange Personal Identifier EDIPI.
Policies and Practices for Retention and Disposal of Records is being amended to remove HEC Records, Optical Disks or Other Electronic Medium will be temporarily deleted when all phases of the Veterans appeal rights has ended ten years after the income year for which the means test verification was conducted N11598
3, item 2. All Ad-Hoc reports created as part of this system shall be managed per NARA approved GRS 3.2 Items 030, AdHoc reports. This section will include sections 1250.1 and 1250.2 and 1250.3;
1250.1 destroy 7 years after the income year for which the means test verification was conducted, when all phases of Veterans appeal rights have ended. If an appeal is filed, retain record until all phases of the appeal have ended; 1250.2, destroy 30 days after the data has been validated as being a true copy of the original data; and 1250.3, destroy when no longer needed.
Physical, Procedural, and Administrative Safeguards Access is being amended to replace the HEC
Legacy system with Administrative Data Repository. Item 2 will include that employees are required to have completed VA Privacy and Information Security Awareness and Rules of Behavior VA 10176 training, and Privacy and HIPAA Focused Training VA 10203 to request and be granted access to the Enrollment Systems. There is also a user agreement notification that all users must attest to.
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. 552ar Privacy Act and guidelines issued by OMB 65 FR
77677, December 12, 2000.
Signing Authority The Senior Agency Official for Privacy, or designee, approved this document and authorized the undersigned to sign and submit the document to the Office of the Federal Register for publication electronically as an official document of the Department of Veterans Affairs. Dominic A. Cussatt, Acting Assistant Secretary of Information and Technology and Chief Information Officer, approved this document on July 2, 2021 for publication.
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