Federal Register / Vol. 74, No. 116 / Thursday, June 18, 2009 / Notices 29019 

The preliminary identification of a 

reasonable range of alternatives and 

environmental issues in this notice is 

not meant to be exhaustive or final. 

The participation of affected Federal, 

State, and local agencies and Indian 

tribes, as well as other interested 

persons, is invited. Pursuant to the 

regulations of the Advisory Council on 

Historic Preservation implementing 

Section 106 of the NHPA, TVA also 

solicits comments on the potential of 

the proposed action to affect historic 

properties. As indicated above, TVA 

recognizes the presence of significant 

historic resources on the property and 

will consult with the Alabama 

Historical Commission regarding 

appropriate treatment in the event these 

resources are transferred to nonfederal 

ownership. This notice also provides an 

opportunity under Executive Orders 

11990 and 11988 for early public review 

of the potential for TVA’s action to 

affect wetlands and floodplains, 

respectively. 

Comments on the scope of this EIS 

should be submitted no later than the 

date given under the DATES section of 

this notice. Any comments received, 

including names and addresses, will 

become part of the administrative record 

and will be available for public 

inspection. 

TVA will hold a public scoping 

meeting on Tuesday, July 14, 2009. The 

open-house style meeting will be held 

from 4 p.m. to 7 p.m. Central Daylight 

Time at Muscle Shoals High School, 

1900 Avalon Avenue, Muscle Shoals, 

Alabama 35661. 

Upon consideration of the scoping 

comments, TVA will develop 

alternatives and identify environmental 

issues to be addressed in the EIS. These 

will be described in a report that will be 

available to the public. Following 

analysis of the environmental 

consequences of each alternative, TVA 

will prepare a draft EIS for public 

review and comment. Notice of 

availability of the draft EIS will be 

published by the Environmental 

Protection Agency in the Federal 

Register. TVA will solicit comments on 

the draft EIS in writing and at a public 

meeting to be held in the project area. 

TVA expects to release the draft EIS in 

the spring of 2010 and the final EIS in 

late summer of 2010. 

Dated: June 11, 2009. 

Anda A. Ray, 

Senior Vice President and Environmental 

Executive, Office of Environment and 

Research. 

[FR Doc. E9–14414 Filed 6–17–09; 8:45 am] 

BILLING CODE 8120–08–P 

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. 

SUMMARY: The Privacy Act of 1974 (5 

U.S.C. 552(e)(4)) requires that all 

agencies publish in the Federal Register 

a notice of the existence and character 

of their systems of records. Notice is 

hereby given that the Department of 

Veterans Affairs (VA) is amending the 

system of records entitled 

‘‘Readjustment Counseling Service 

(RCS) Vet Center Program—VA’’ 

(64VA15) as set forth in the Federal 

Register 46 FR 9844 and last amended 

May 31, 2001. VA is amending the 

system by revising Routine Uses of 

Records Maintained in the System, 

Including Categories of Users and the 

Purposes of Such Uses. VA is 

republishing the system notice in its 

entirety at this time. 

DATES: Comments on the amendment of 

this system of records must be received 

no later than July 20, 2009. If no public 

comment is received, the amended 

system will become effective July 20, 

2009. 

ADDRESSES: Written comments may be 

submitted through http:// 

www.Regulations.gov; by mail or handdelivery 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. 

Comments received will be available for 

public inspection in the Office of 

Regulation Policy and Management, 

Room 1063B, between the hours of 8 

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 (FDMS) at http:// 

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 name 

and number of the system is changed 

from ‘‘Vietnam Veterans Readjustment 

Counseling Program—VA’’ (64VA116) 

to ‘‘Readjustment Counseling Service 

(RCS) Vet Center Program—VA’’ 

(64VA15). The change in name will 

more accurately reflect the broader 

group of veterans receiving services and 

the environment in which the services 

are delivered. 

For purposes of this notice changes 

have been made to update the following 

sections: Addresses and Routine Uses of 

Records Maintained in the System, 

Including Categories of Users and the 

Purposes of Such Uses. According to VA 

leadership, routine uses one through 

seven are mandatory new routine uses 

that are added to comply with new 

Federal policy and guidelines. Listed 

below are the mandatory routine uses 

that must be included in every System 

of Records according to VA leadership 

in order to comply with Federal 

regulations. 

A new Routine Use one (1) is added. 

The record of an individual who is 

covered by a system of records may be 

disclosed to a Member of Congress, or 

a staff person acting for the member, 

when the member or staff person 

requests the record on behalf of and at 

the written request of the individual. 

VA must be able to provide 

information about individuals to 

adequately respond to inquiries from 

Members of Congress at the request of 

constituents who have sought their 

assistance. 

A new Routine Use two (2) is added. 

Disclosure may be made to the National 

Archives and Records Administration 

(NARA) and the General Services 

Administration (GSA) in records 

management inspections conducted 

under authority of Title 44, Chapter 29, 

of the United States Code (U.S.C.). 

NARA and GSA are responsible for 

management of old records no longer 

actively used, but which may be 

appropriate for preservation, and for the 

physical maintenance of the Federal 

government’s records. VA must be able 

to provide the records to NARA and 

GSA in order to determine the proper 

disposition of such records. 

A new Routine Use three (3) is added. 

Records from a system of records may 

be disclosed to the Department of 

Justice (DOJ) (including U.S. Attorneys) 

or in a proceeding before a court, 

adjudicative body, or other 

administrative body when litigation or 

the adjudicative or administrative 

process is likely to affect VA, its 

employees, or any of its components is 

a party to the litigation or process, or 

has an interest in the litigation or 

process, and the use of such records is 

deemed by VA to be relevant and 

necessary to the litigation or process, 

provided that the disclosure is 

29020 Federal Register / Vol. 74, No. 116 / Thursday, June 18, 2009 / Notices 

compatible with the purpose for which 

the records were collected. 

VA must be able to provide 

information to DoJ in litigation where 

the United States or any of its 

components is involved or has an 

interest. A determination would be 

made in each instance that under the 

circumstances involved; the purpose is 

compatible with the purpose for which 

VA collected the information. This 

routine use is distinct from the authority 

to disclose records in response to a 

court order under subsection (b)(11) of 

the Privacy Act, 5 U.S.C. 552(b)(11), or 

any other provision of subsection (b), in 

accordance with the court’s analysis in 

Doe v. DiGenova, 779 F.2d 74, 78–84 

(DC Cir. 1985) and Doe v. Stephens, 851 

F.2d 1457, 1465–67 (DC Cir. 1988). 

A new Routine Use four (4) is added. 

Disclosure of relevant information may 

be made to individuals, organizations, 

private or public agencies, or other 

entities with whom VA has a contract or 

agreement or where there is a 

subcontract 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. 

This routine use, which also applies 

to agreements that do not qualify as 

contracts defined by Federal 

procurement laws and regulations, is 

consistent with OMB guidance in OMB 

Circular A–130, App. I, paragraph 

5a(1)(b) that agencies promulgate 

routine uses to address disclosure of 

Privacy Act-protected information to 

contractors in order to perform the 

services contracts for the agency. 

A new Routine Use five (5) is added. 

VA may disclose on its own initiative 

any information that is relevant to a 

suspected or reasonably imminent 

violation of the 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. VA may also disclose on 

its own initiative the names and 

addresses of veterans and their 

dependents 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, or order issued 

pursuant thereto. 

VA must be able to provide on its own 

initiative information that pertains to a 

violation of laws to law enforcement 

authorities in order for them to 

investigate and enforce those laws. 

Under 38 U.S.C. 5701(a) and (f), VA may 

only disclose the names and addresses 

of veterans and their dependents to 

Federal entities with law enforcement 

responsibilities. This is distinct from the 

authority to disclose records in response 

to a qualifying request from a law 

enforcement entity, as authorized by 

Privacy Act subsection 5 U.S.C. 

552a(b)(7). 

A new Routine Use six (6) is added. 

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. 

This routine use permits disclosures 

by the Department to report a suspected 

incident of identity theft and provide 

information and/or documentation 

related to or in support of the reported 

incident. 

A new Routine Use seven (7) is 

added. Disclosure of information may be 

made when (1) It is suspected or 

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 who 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, as the terms are defined in 

38 U.S.C. 5727. 

The notice of intent to publish 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. 

Approved: June 1, 2009. 

John R. Gingrich, 

Chief of Staff, Department of Veterans Affairs. 

64VA15 

SYSTEM NAME: 

Readjustment Counseling Service 

(RCS) Vet Center Program—VA. 

SYSTEM LOCATION: 

(a) Counseling Folder: Maintained at 

each individual Vet Center providing 

readjustment counseling throughout the 

country. The locations of all Vet Centers 

providing readjustment counseling are 

listed in VA Appendix 2 of the Biennial 

Privacy Act Issuances publication. 

(b) Client Information File: Certain 

information extracted from the 

counseling folder is stored on standalone personal computers at each Vet 

Center, each of the seven RCS regional 

managers’ offices, and the RCS national 

data support center. 

CATEGORIES OF INDIVIDUALS COVERED BY THE

SYSTEM: 

Eligible veterans who request and/or 

are provided readjustment counseling, 

including veterans’ family members 

and/or other persons of significant 

relationship to the veteran who are 

eligible. Eligibility for readjustment 

counseling at Vet Centers includes any 

veteran who served in the military in a 

theater of combat operations during any 

period of war, or in any area during a 

period in which armed hostilities 

occurred. Family members are also 

eligible for readjustment counseling to 

the extent necessary to assist the 

veteran. 

CATEGORIES OF RECORDS IN THE SYSTEM: 

(a) Counseling Folder: All written 

intake forms, applications, progress 

notes and demographic and clinical 

documentation deemed necessary to 

provide quality counseling and 

continuity of care by the counselors 

and/or program officials. This would 

include all information collected for the 

computerized database. (b) Client 

Information File: Unique veteran 

identification number; social security 

number; Vet Center team number; 

marital status; gender; birth date; service 

dates; branch of service; veteran 

eligibility information; theater of 

operation; service-connection; 

discharge; referral source; visit 

information and treatment; and other 

statistical information about services 

provided to that veteran. 

AUTHORITY FOR MAINTENANCE OF THE SYSTEM: 

Title 38, United States Code, section 

1712A. 

Federal Register / Vol. 74, No. 116 / Thursday, June 18, 2009 / Notices 29021 

PURPOSE(S): 

The purpose of this system of records 

is to collect and maintain all 

demographic and clinical information 

required to conduct a psychological 

assessment, to include a military 

history, and provide quality 

readjustment counseling to assist 

veterans resolve war trauma and 

improve their level of post-war 

functioning. 

ROUTINE USES OF RECORDS MAINTAINED IN THE

SYSTEM, INCLUDING CATEGORIES OF USERS AND

THE PURPOSES OF SUCH USES: 

1. The record of an individual who is 

covered by a system of records may be 

disclosed to a Member of Congress, or 

a staff person acting for the member, 

when the member or staff person 

requests the record on behalf of and at 

the written request of the individual. 

2. Disclosure may be made to the 

National Archives and Records 

Administration and the General 

Services Administration in records 

management inspections conducted 

under authority of Title 44, Chapter 29, 

of the United States Code (U.S.C.). 

3. Records from a system of records 

may be disclosed to the Department of 

Justice (DOJ) (including U.S. Attorneys) 

or in a proceeding before a court, 

adjudicative body, or other 

administrative body when litigation or 

the adjudicative or administrative 

process is likely to affect VA, its 

employees, or any of its components is 

a party to the litigation or process, or 

has an interest in the litigation or 

process, and the use of such records is 

deemed by VA to be relevant and 

necessary to the litigation or process, 

provided that the disclosure is 

compatible with the purpose for which 

the records were collected. 

4. Disclosure of relevant information 

may be made to individuals, 

organizations, private or public 

agencies, or other entities with whom 

VA has a contract or agreement or where 

there is a subcontract 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. 

5. VA may disclose on its own 

initiative any information in the system, 

except the names and home addresses of 

veterans and their dependents, that is 

relevant to a suspected or reasonably 

imminent violation of the 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. VA may also disclose on 

its own initiative the names and 

addresses of veterans and their 

dependents 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, or order issued 

pursuant thereto. 

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) It is suspected or 

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 confirmed data 

breach, including the conduct of any 

risk analysis or provision of credit 

protection services as provided in 38 

U.S.C. 5724, as the terms are defined in 

38 U.S.C. 5727. 

POLICIES AND PRACTICES FOR STORING, 

RETRIEVING, ACCESSING, RETAINING, AND

DISPOSING OF RECORDS IN THE SYSTEM: 

STORAGE: 

(a) Counseling Folder: Paper 

documents stored in file folders. 

(b) Client Information File: Stored on 

stand-alone personal computer hard 

drives and any backup media. 

RETRIEVABILITY: 

(a) Counseling Folder: Filed or 

indexed alphabetically by last name or 

unique Client Number. 

(b) Client Information File: Indexed by 

Vet Center Number in conjunction with 

unique Client Number and social 

security number. 

SAFEGUARDS: 

(a) Counseling Folder: Access to 

records at Vet Centers will be controlled 

by Vet Center staff during working 

hours. During other hours, records will 

be maintained in locked file cabinets. In 

high crime areas, Vet Center offices are 

equipped with alarm systems. (b) Client 

Information File: The computerized file 

is in a stand-alone personal computer 

and access to records is for authorized 

Vet Center personnel. Access is 

achieved on a need-to-know basis with 

a password. Computer security is in 

compliance with RCS and VA computer 

security policy and protocol. All 

computers are password protected and 

stored inside the locked Vet Center. 

RETENTION AND DISPOSAL: 

(a) Counseling Folder: The records 

will be retained at the Vet Center for 50 

years after the date of last activity. 

Destruction of counseling folders will be 

by shredding. 

(b) Client Information File: 

Maintained for the duration of the 

program. Destruction will be by deleting 

all information on all Vet Center, RCS 

regional manager’s office, and the RCS 

national data support center stand-alone 

personal computers containing the 

program database. 

SYSTEM MANAGER(S) AND ADDRESS: 

Chief Readjustment Counseling 

Officer (15), VA Central Office, 810 

Vermont Ave, NW., Washington, DC 

20420. 

NOTIFICATION PROCEDURE: 

A veteran who wishes to determine 

whether a record is being maintained by 

the Readjustment Counseling Service 

Vet Center Program under his or her 

name or other personal identifier or 

wishes to determine the contents of 

such records should submit a written 

request or apply in person to: (1) The 

Team Leader of the Vet Center, or the 

RCS Regional Manager having 

supervisory responsibility for the Vet 

Center, with whom he or she had 

contact, or (2) the Chief Readjustment 

Counseling Officer (15), VA Central 

Office, 810 Vermont Ave, NW., 

Washington, DC 20420. Inquiries should 

include the individual’s full name and 

social security number. 

RECORD ACCESS PROCEDURES: 

An individual (or duly authorized 

representative of such individual) who 

seeks access to or wishes to contest 

records maintained under his or her 

name or other personal identifier may 

29022 Federal Register / Vol. 74, No. 116 / Thursday, June 18, 2009 / Notices 

write, call or visit the above named 

individuals. 

CONTESTING RECORD PROCEDURES: 

(See Record Access Procedures 

above.) 

RECORD SOURCE CATEGORIES: 

(1) Relevant forms to be filled out by 

Vet Center team members on first 

contact and each contact thereafter; 

counseling sessions with veterans and 

other eligible counselees. (2) Other VA 

and Federal agency systems. 

[FR Doc. E9–14301 Filed 6–17–09; 8:45 am] 

BILLING CODE 8320–01–P