Federal Register / Vol. 88, No. 215 / Wednesday, November 8, 2023 / Notices 77145 

DEPARTMENT OF VETERANS 

AFFAIRS 

Privacy Act of 1974; System of 

Records 

AGENCY: Department of Veterans Affairs 

(VA), Veterans Health Administration 

(VHA). 

ACTION: Notice of a modified system of 

records. 

SUMMARY: Pursuant to the Privacy Act of 

1974, notice is hereby given that the VA 

is modifying the system of records 

entitled, ‘‘Veteran Child Care 

Programs—VA’’ (169VA10NC). This 

system is used to assist VA in assessing 

whether it should and can feasibly assist 

qualified Veterans who need childcare 

to receive health care services. 

DATES: Comments on this amended 

system of records must be received no 

later than 30 days after date of 

publication in the Federal Register. If 

no public comment is received during 

the period allowed for comment or 

unless otherwise published in the 

Federal Register by the VA, the 

modified system of records will become 

effective a minimum of 30 days after 

date of publication in the Federal 

Register. If VA receives public 

comments, VA shall review the 

comments to determine whether any 

changes to the notice are necessary. 

ADDRESSES: Comments may be 

submitted through www.Regulations.gov 

or mailed to VA Privacy Service, 810 

Vermont Avenue NW, (005X6F), 

Washington, DC 20420. Comments 

should indicate that they are submitted 

in response to ‘‘Veteran Child Care 

Programs—VA’’ (169VA10NC). 

Comments received will be available at 

regulations.gov for public viewing, 

inspection or copies. 

FOR FURTHER INFORMATION CONTACT: 

Stephania Griffin, VHA Chief Privacy 

Officer, Department of Veterans Affairs, 

810 Vermont Avenue NW, Washington, 

DC 20420; telephone (704) 245–2492 

(Note: this is not a toll-free number). 

SUPPLEMENTARY INFORMATION: VA is 

amending the system of records by 

revising the System Number, System 

Location, System Manager, Purpose, 

Categories of Records, Records Source 

Categories, Routine Uses of Records 

Maintained in the System, Policies and 

Practices for Retention and Disposal of 

Records, and Policies and Practices for 

Retrieval of Records. VA is republishing 

the system notice in its entirety. 

The System Number is being updated 

from 169VA10NC to 169VA10 to reflect 

the current VHA organizational routing 

symbol. The System Location is being 

updated to include information on 

where to find address locations for VA 

facilities. 

The Purpose is being updated to 

reflect that the records are used to 

provide appropriate childcare services 

to children in the program and to clarify 

that research includes quality 

improvement activities. The Purpose is 

also being updated to remove reference 

to ordering and delivery of equipment. 

The System Manager is being updated 

to replace ADUSH for Clinical 

Operations, with Deputy Assistant 

Under Secretary for Health for 

Operations. 

The Categories of Records in the 

System is being updated to delete 

reference to the collection of Social 

Security Numbers as this information is 

not being captured. 

The Records Source Categories is 

being updated to include parent/ 

guardian. Routine use number 13 is 

being added to state, ‘‘Data Breach 

Response and Remediation, for VA: To 

appropriate agencies, entities and 

persons when (1) VA suspects or has 

confirmed that there has been a breach 

of the system of records; (2) VA has 

determined that as a result of the 

suspected or confirmed breach there is 

a risk to individuals, VA (including its 

information systems, programs and 

operations), the Federal Government, or 

national security; and (3) the disclosure 

made to such agencies, entities or 

persons is reasonably necessary to assist 

in connection with VA efforts to 

respond to the suspected or confirmed 

breach or to prevent, minimize or 

remedy such harm.’’ 

Policies and Practices for Retrieval of 

Records is being updated to remove the 

Social Security Number. 

Policies and Practices for Retention 

and Disposal of Records is being 

updated to include VA Records Control 

Schedule (RCS) 10–1, Item Numbers 

3075.1 and 3075.12. 

The Report of Intent to Amend a 

System of Records Notice and an 

advance copy of the system notice have 

been sent to the appropriate 

Congressional committees and to the 

Director of the Office of Management 

and Budget (OMB) as required by 5 

U.S.C. 552a(r) (Privacy Act) and 

guidelines issued by OMB (65 FR 

77677), December 12, 2000. 

Signing Authority 

The Senior Agency Official for 

Privacy, or designee, approved this 

document and authorized the 

undersigned to sign and submit the 

document to the Office of the Federal 

Register for publication electronically as 

an official document of the Department 

of Veterans Affairs. Kurt D. DelBene, 

Assistant Secretary for Information and 

Technology and Chief Information 

Officer, approved this document on 

September 28, 2023 for publication. 

Dated: November 3, 2023 

Amy L. Rose, 

Government Information Specialist, VA 

Privacy Service, Office of Compliance, Risk 

and Remediation, Office of Information and 

Technology, Department of Veterans Affairs. 

SYSTEM NAME: 

‘‘Veteran Child Care Programs—VA’’ 

(169VA10). 

SECURITY CLASSIFICATION: 

Unclassified. 

SYSTEM LOCATION: 

Records are located at each 

Department of Veterans Affairs (VA) 

health care facility where the childcare 

program is in place (in most cases, 

backup information is stored at off-site 

locations). Address locations for VA 

facilities are listed in Appendix 1 of the 

biennial publication of the VA Privacy 

Act Issuances. Subsidiary record 

information is maintained by 

individuals, organizations and/or 

agencies with whom VA has a contract 

or agreement to perform such services, 

as VA may deem practicable. 

SYSTEM MANAGER(S): 

Official responsible for policies and 

procedures: Deputy Assistant Under 

Secretary for Health for Operations, 

Department of Veterans Affairs, 810 

Vermont Avenue NW, Washington, DC 

20420. Telephone 202–461–7064 (this is 

not a toll-free number). 

AUTHORITY FOR MAINTENANCE OF THE SYSTEM: 

38 U.S.C. 501. 

PURPOSE(S) OF THE SYSTEM: 

These records are used to provide 

appropriate childcare services to the 

children in the program; for statistical 

analysis to produce various 

management, workload tracking, and 

follow-up reports; for determining 

entitlement and eligibility for VA 

benefits; for quality assurance audits 

and reviews; to track and evaluate 

services for the planning, distribution 

and utilization of resources; and 

personnel management and evaluation. 

The data may be used for VA’s extensive 

research programs, including quality 

improvement activities, in accordance 

with VA policy. 


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77146 Federal Register / Vol. 88, No. 215 / Wednesday, November 8, 2023 / Notices 

CATEGORIES OF INDIVIDUALS COVERED BY THE

SYSTEM: 

These records include information on 

children who receive childcare and the 

children’s parents and/or guardians who 

are receiving treatment at VA. 

CATEGORIES OF RECORDS IN THE SYSTEM: 

The category of records in the system 

include: (1) Identifying information for 

child (e.g., name, birth date, age, 

telephone number); (2) child’s primary 

care physician name and contact 

information; and (3) emergency contact 

information for parent/guardian (e.g., 

name of parent/guardian, address, 

relationship, telephone number, 

alternate contact person). 

RECORD SOURCE CATEGORIES: 

Information in this system of records 

may be provided by the Veteran, parent/ 

guardian of the child or family 

members. 

ROUTINE USES OF RECORDS MAINTAINED IN THE

SYSTEM, INCLUDING CATEGORIES OF USERS AND

THE PURPOSES OF SUCH USES: 

1. Law Enforcement: To a Federal, 

state, local, territorial, tribal or foreign 

law enforcement authority or other 

appropriate entity charged with the 

responsibility of investigating or 

prosecuting a violation or potential 

violation of law, whether civil, criminal 

or regulatory in nature, or charged with 

enforcing or implementing such law, 

provided that the disclosure is limited 

to information that, either alone or in 

conjunction with other information, 

indicates such a violation or potential 

violation. The disclosure of the names 

and addresses of Veterans and their 

dependents from VA records under this 

routine use must also comply with the 

provisions of 38 U.S.C. 5701. 

2. Disease Tracking, Patient 

Outcomes, Other Health Information 

Required for Program Accountability: 

To another Federal agency or the 

District of Columbia’s government in 

response to its request or at the 

initiation of VA, in connection with 

disease tracking, patient outcomes or 

other health information required for 

program accountability. 

3. Congress: To a Member of Congress 

or staff acting upon the Member’s behalf 

when the Member or staff requests the 

information on behalf of, and at the 

request of, the parent/guardian of the 

child who is the subject of the record. 

4. National Archives and Records 

Administration (NARA): To the NARA 

in records management inspections 

conducted under 44 U.S.C. 2904 and 

2906, or other functions authorized by 

laws and policies governing NARA 

operations and VA records management 

responsibilities. 

5. Department of Justice (DoJ), 

Litigation, Administrative Proceeding: 

To the DoJ, or in a proceeding before a 

court, adjudicative body or other 

administrative body before which VA is 

authorized to appear, when: 

(a) VA or any component thereof; 

(b) Any VA employee in his or her 

official capacity; 

(c) Any VA employee in his or her 

individual 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. 

6. Equal Employment Opportunity 

Commission (EEOC): To the EEOC in 

connection with investigations of 

alleged or possible discriminatory 

practices, examination of Federal 

affirmative employment programs, or 

other functions of the Commission as 

authorized by law. 

7. Contractors: To contractors, 

grantees, experts, consultants, students, 

and others performing or working on a 

contract, service, grant, cooperative 

agreement, or other assignment for VA, 

when reasonably necessary to 

accomplish an agency function related 

to the records. 

8. Federal Agencies, Fraud and 

Abuse: To other Federal agencies to 

assist such agencies in preventing and 

detecting possible fraud or abuse by 

individuals in their operations and 

programs. 

9. Data Breach Response and 

Remediation, for Another Federal 

Agency: 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. 

10. Family, Partner, for Notification of 

a Child’s Status: To the extent 

necessary, on a need-to-know basis, and 

consistent with good ethical practices, 

to family members or persons with 

whom the child has a meaningful 

relationship. 

11. Federal Labor Relations Authority 

(FLRA): To the FLRA in connection with 

the investigation and resolution of 

allegations of unfair labor practices, the 

resolution of exceptions to arbitration 

awards when a question of material fact 

is raised, matters before the Federal 

Service Impasses Panel, and the 

investigation of representation petitions 

and the conduct or supervision of 

representation elections. 

12. Merit Systems Protection Board 

(MSPB): To the MSPB in connection 

with appeals, special studies of the civil 

service and other merit systems, review 

of rules and regulations, investigation of 

alleged or possible prohibited personnel 

practices, and such other functions 

promulgated in 5 U.S.C. 1205 and 1206, 

or as otherwise authorized by law. 

13. Data Breach Response and 

Remediation, for VA: To appropriate 

agencies, entities and persons when (1) 

VA suspects or has confirmed that there 

has been a breach of the system of 

records; (2) VA has determined that as 

a result of the suspected or confirmed 

breach there is a risk to individuals, VA 

(including its information systems, 

programs and operations), the Federal 

Government, or national security; and 

(3) the disclosure made to such 

agencies, entities or persons is 

reasonably necessary to assist in 

connection with VA efforts to respond 

to the suspected or confirmed breach or 

to prevent, minimize or remedy such 

harm. 

POLICIES AND PRACTICES FOR STORAGE OF

RECORDS: 

Records are currently maintained on 

paper, microfilm, electronic media 

including images and scanned 

documents, or laser optical media in the 

consolidated health record at the health 

care facility where care was rendered. 

POLICIES AND PRACTICES FOR RETRIEVAL OF

RECORDS: 

Records are retrieved by name or 

other assigned identifiers of the Veteran 

receiving VA services associated with 

the childcare episode. 

POLICIES AND PRACTICES FOR RETENTION AND

DISPOSAL OF RECORDS: 

Records in this system are retained 

and disposed of in accordance with the 

schedule approved by the Archivist, VA 

Records Control Schedule (RCS) 10–1, 

Item Numbers 3075.1 and 3075.12. 

ADMINISTRATIVE, TECHNICAL AND PHYSICAL

SAFEGUARDS: 

1. Access to and use of national 

administrative databases, warehouses 

and data marts are limited to those 


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Federal Register / Vol. 88, No. 215 / Wednesday, November 8, 2023 / Notices 77147 

persons whose official duties require 

such access, and VA has established 

security 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 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. 

2. Physical access to computer rooms 

housing national administrative 

databases, warehouses and data marts is 

restricted to authorized staff and 

protected by a variety of security 

devices. Unauthorized employees, 

contractors and other staff are not 

allowed in computer rooms. The 

Federal Protective Service or other 

security personnel provide physical 

security for the buildings housing 

computer rooms and data centers. 

3. Data transmissions between 

operational systems and national 

administrative databases, warehouses 

and data marts maintained by this 

system of record are protected by stateof-the-art telecommunication software 

and hardware. This may include 

firewalls, intrusion detection devices, 

encryption and other security measures 

necessary to safeguard data as it travels 

across the VA Wide Area Network. 

4. In most cases, copies of back-up 

computer files are maintained at off-site 

locations. 

5. VA maintains Business Associate 

Agreements and Non-Disclosure 

Agreements where appropriate with 

contracted resources in order to 

maintain confidentiality of the 

information. 

RECORD ACCESS PROCEDURE: 

Individuals seeking information on 

the existence and content of records in 

this system pertaining to where the 

child participated in the childcare 

program should contact the system 

manager in writing as indicated above. 

A request for access to records must 

contain the Veteran or primary 

caretaker’s full name, address, 

telephone number, be signed by the 

requester, and describe the records 

sought in sufficient detail to enable VA 

personnel to locate them with a 

reasonable amount of effort. 

CONTESTING RECORD PROCEDURES: 

Individuals seeking to contest or 

amend records in this system pertaining 

to them or their children should contact 

the system manager in writing as 

indicated above. A request to contest or 

amend records must state clearly and 

concisely what record is being 

contested, the reasons for contesting it, 

and the proposed amendment to the 

record. 

NOTIFICATION PROCEDURE: 

Generalized notice is provided by the 

publication of this notice. For specific 

notice, see Record Access Procedure, 

above. 

EXEMPTIONS PROMULGATED FOR THE SYSTEM: 

None. 

HISTORY: 

77 FR 56914 (September 14, 2012). 

[FR Doc. 2023–24681 Filed 11–7–23; 8:45 am] 

BILLING CODE P 


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