Privacy Act of 1974, 6133-6135 [06-1078]

Agencies

• DEPARTMENT OF VETERANS AFFAIRS

[Federal Register Volume 71, Number 24 (Monday, February 6, 2006)]
[Notices]
[Pages 6133-6135]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 06-1078]


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DEPARTMENT OF VETERANS AFFAIRS


Privacy Act of 1974

AGENCY: Department of Veterans Affairs (VA).

ACTION: Notice of establishment of new system of records.

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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 establishing a new system of 
records entitled ``Veteran Canteen Service (VCS) Payroll Deduction 
System-VA'' (117VA103).

DATES: Comments on this new system of records must be received no later 
than March 8, 2006. If no public comment is received, the new system 
will become effective March 8, 2006.

ADDRESSES: Written comments concerning the proposed system of records 
may be submitted by: Mail or hand-delivery to Director, Regulations 
Management (00REG1), Department of Veterans Affairs, 810 Vermont 
Avenue, NW., Room 1068, Washington, DC 20420; fax to (202) 273-9026; or 
e-mail to VAregulations@mail.va.gov. All 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) 273-9515 for 
an appointment.

FOR FURTHER INFORMATION CONTACT: Chief Financial Officer, Veterans 
Canteen Service, Department of Veterans Affairs, 810 Vermont Avenue, 
NW., Washington, DC 20420; telephone 314-845-1301.

SUPPLEMENTARY INFORMATION:

I. Description of Proposed Systems of Records

    The VCS Payroll Deduction System allows VA employees, also known as 
customers, who participate in the program to pay for purchases in VCS 
canteens through deduction from their pay. It is used to track 
purchases, payments, refunds, balances, payment status, and other 
information for these customers.

II. Proposed Routine Use Disclosures of Data in the System

    VA is proposing to establish the following Routine Use disclosures 
of information maintained in this system:
    1. VA may disclose information from this system of records to a 
private debt collection agent for the purpose of collecting unpaid 
balances from customers who have left VA employment without making full 
payment for purchases made under the program.
    2. VA may disclose information from this system of records to the 
U.S. Treasury Offset Program (TOPS) for the purpose of collecting 
unpaid balances from customers who have left VA employment without 
making full payment for purchases made under the program.
    VA needs to be able to collect unpaid balances from customers who 
have left VA employment without making full payment to VCS for 
purchases made under the program.
    3. Disclosure may be made to the Federal Labor Relations Authority, 
including its General Counsel, when requested in connection with 
investigation and resolution of allegations of unfair labor practices, 
in connection with the resolution of exceptions to arbitrator awards 
when a question of material fact is raised and matters before the 
Federal Service Impasses Panel.
    The release of information to FLRA from this Privacy Act system of 
records is necessary to comply with the statutory mandate under which 
FLRA operates.
    4. Disclosure may be made to officials of labor organizations 
recognized under 5 U.S.C. chapter 71 when relevant and necessary to 
their duties of exclusive representation concerning personnel policies, 
practices, and matters affecting working conditions.
    5. Disclosure may be made to officials of the Merit Systems 
Protection Board, including the Office of the Special Counsel, when 
requested in connection with appeals, special studies of the civil 
service and other merit systems, review of rules and regulations, 
investigation of

[[Page 6134]]

alleged or possible prohibited personnel practices, and such other 
functions promulgated in 5 U.S.C. 1205 and 1206, or as may be 
authorized by law.
    6. Disclosure may be made to the Equal Employment Opportunity 
Commission when requested in connection with investigations of alleged 
or possible discrimination practices, examination of Federal 
affirmative employment programs, compliance with the Uniform Guidelines 
of Employee Selection Procedures, or other functions vested in the 
Commission by the President's Reorganization Plan No. 1 of 1978.
    7. Disclosure may be made to the National Archives and Record 
Administration (NARA) in records management inspections conducted under 
authority of Title 44 United States Code.
    NARA is responsible for archiving old records no longer actively 
used but which may be appropriate for preservation; they are 
responsible in general for the physical maintenance of the Federal 
government's records. VA must be able to turn records over to these 
agencies in order to determine the proper disposition of such records.
    8. Disclosure of relevant information may be made 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 functions when this would 
contribute to effective and efficient operations. VA must be able to 
give a contractor whatever information is necessary for the contractor 
to fulfill its duties. In these situations, safeguards are provided in 
the contract prohibiting the contractor from using or disclosing the 
information for any purpose other than that described in the contract.
    9. Disclosure may be made to a member of Congress or staff person 
acting for the member when the member or staff person requests the 
records on behalf of and at the request of that individual.
    Individuals sometimes request the help of a member of Congress in 
resolving some issues relating to a matter before VA. The member of 
Congress then writes VA, and VA must be able to give sufficient 
information to be response to the inquiry.
    10. Disclosure may be made to a Federal, State or local agency, 
upon its official request, to the extent that it is relevant and 
necessary to that agency's decision regarding: the hiring, retention or 
transfer of an employee, the issuance of a security clearance, the 
letting of a contract, or the issuance or continuance of a license, 
grant or other benefit given by that agency. However, in accordance 
with an agreement with the U.S. Postal Service, disclosures to the U.S. 
Postal Service for decisions concerning the employment of veterans will 
only be made with the veteran's prior written consent.
    VA must be able to provide information to agencies conducting 
background checks on applicants for employment or licensure.

III. Compatibility of the Proposed Routine Uses

    The Privacy Act permits VA to disclose information about 
individuals contained in a system of records without their consent for 
a routine use, when the information will be used for a purpose that is 
compatible with the purpose for which the information was collected. In 
all of the routine use disclosures described above, either the 
recipient of the information will use the information in connection 
with a matter relating to one of VA's programs or to provide a benefit 
to VA, or disclosure is required by law.
    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: January 24, 2006.
Gordon H. Mansfield,
Deputy Secretary of Veterans Affairs.
117VA103

SYSTEM NAME:
    Veteran Canteen Service (VCS) Payroll Deduction System--VA

SYSTEM LOCATION:
    Individual purchase records are maintained in the Veterans Canteen 
Service office at each Department of Veterans Affairs (VA) health care 
facility. Addresses for VA facilities are listed in VA Appendix 1. In 
addition, information from these records or copies of records are 
maintained in a centralized electronic database at the Austin 
Automation Center (AAC), 1615 East Woodward Street, Austin TX, 78772.

CATEGORIES OF INDIVIDUALS COVERED BY THE SYSTEM:
    The individuals covered by the system encompass permanent VA 
employees, also known as customers, who participate in the VCS Payroll 
Deduction System, which permits them to pay for purchases in VCS 
canteens through deduction from their pay.

Categories of Records in the System:
    These records include the following information:

--Customer identification information such as last name, first name, 
middle initial, social security number;
--Customer purchases made under the program;
--Payroll payments, cash payments, refunds for returned merchandise, 
and refunds for overpayments;
--Customer account balances and amounts written-off as uncollectible;
--Customer pay status when customer is in a ``without pay'' status;
--Identification of VCS employees creating customer transactions is by 
manual or electronic data capture. Manual transactions can be traced by 
a user ID within the payroll deduction system that identifies the 
individual entering the manual transaction. Electronic transactions can 
be traced via cashier code of the cashier ringing the transaction into 
the cash register; and
--Customer station number and canteen of purchase.


Authority for Maintenance of the System:
    Title 38, United States Code, Part V, Chapter 78.

Purpose(s):
    The records and information will be used to track customer 
purchases, payment and balances due to VCS. Records may also be used to 
identify and submit a customer for the purpose of debt collection. The 
records and information may be used for management and analysis reports 
of VCS programs.

Routine Uses of Records Maintained in the System, Including Categories 
of Users and the Purposes of Such Uses:
    1. VA may disclose information from this system of records to a 
private debt collection agent for the purpose of collecting unpaid 
balances from customers who have left VA employment without making full 
payment for purchases made under the program.
    2. VA may disclose information from this system of records to the 
U. S. Treasury Offset Program (TOPS) for the purpose of collecting 
unpaid balances from customers who have left VA employment without 
making full payment for purchases made under the program.

[[Page 6135]]

    3. Disclosure may be made to the Federal Labor Relations Authority, 
including its General Counsel, when requested in connection with 
investigation and resolution of allegations of unfair labor practices, 
in connection with the resolution of exceptions to arbitrator awards 
when a question of material fact is raised and matters before the 
Federal Service Impasses Panel.
    4. Disclosure may be made to officials of labor organizations 
recognized under 5 U.S.C. chapter 71 when relevant and necessary to 
their duties of exclusive representation concerning personnel policies, 
practices, and matters affecting working conditions.
    5. Disclosure may be made to officials of the Merit Systems 
Protection Board, including the Office of the Special Counsel, when 
requested 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 
may be authorized by law.
    6. Disclosure may be made to the Equal Employment Opportunity 
Commission when requested in connection with investigations of alleged 
or possible discrimination practices, examination of Federal 
affirmative employment programs, compliance with the Uniform Guidelines 
of Employee Selection Procedures, or other functions vested in the 
Commission by the President's Reorganization Plan No. 1 of 1978.
    7. Disclosure may be made to the National Archives and Record 
Administration (NARA) in records management inspections conducted under 
authority of Title 44 United States Code.
    8. Disclosure of relevant information may be made 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.
    9. Disclosure may be made to a member of Congress or staff person 
acting for the member when the member or staff person requests the 
records on behalf of and at the request of that individual.
    10. Disclosure may be made to a Federal, State or local agency, 
upon its official request, to the extent that it is relevant and 
necessary to that agency's decision regarding: The hiring, retention or 
transfer of an employee, the issuance of a security clearance, the 
letting of a contract, or the issuance or continuance of a license, 
grant or other benefit given by that agency. However, in accordance 
with an agreement with the U.S. Postal Service, disclosures to the U.S. 
Postal Service for decisions concerning the employment of veterans will 
only be made with the veteran's prior written consent.

Disclosure to Consumer Reporting Agencies:
    Pursuant to 5 U.S.C. 552a(b)(12), VA may disclose records from this 
system to consumer reporting agencies as defined in the Fair Credit 
Reporting Act (15 US.C. 168la(f) or the Federal Claims Collection Act 
of 1966 (31 US.C. 3701(a)(3)).

POLICIES AND PRACTICES FOR STORING, RETRIEVING, ACCESSING, RETAINING, 
AND DISPOSING OF RECORDS IN THE SYSTEM:
STORAGE:
    Records are maintained primarily on a computer disk in a 
centralized database system. Paper records of program Participation 
Agreements and individual customer records are maintained in canteen 
office files.

RETRIEVABILITY:
    Records are retrieved by name and/or social security number of the 
participating VA employees or customers.

SAFEGUARDS:
    1. Access to VA work and file areas is restricted to VA personnel 
with a legitimate need for the information in the performance of their 
official duties. Strict control measures are enforced to ensure that 
access by these individuals is appropriately limited. Information 
stored electronically may be accessed by authorized VCS employees at 
remote locations, including VA health care facilities. Access is 
controlled by individually unique passwords or codes, which must be 
changed periodically by the users.
    2. Physical access to the Austin VA Data Processing Center is 
generally restricted to Center employees, custodial personnel, Federal 
Protective Service, and other security personnel. VA file areas are 
generally locked after normal duty hours, and the facilities are 
protected from outside access by the Federal Protective Service or 
other security personnel. Access to computer rooms is restricted to 
authorized operational personnel through electronic locking devices. 
All other persons gaining access to computer rooms are escorted.
    3. All data transmissions are encrypted to prevent disclosure of 
protected Privacy Act information. Access to backup copies of data is 
restricted to authorized personnel in the same manner as the Austin VA 
Data Processing Center.

RETENTION AND DISPOSAL:
    Records for active participants in the Payroll Deduction Program 
are maintained indefinitely. Records for participants who leave VA 
employment or voluntarily or involuntarily terminate their 
participation in the Payroll Deduction Program are retained for three 
years following the date the account attains a zero balance; or for 
three years following the date the account balance is written off 
following unsuccessful collection action.

SYSTEM MANAGER(S) AND ADDRESS:
    Official responsible for policies and procedures: Office of the 
Chief Financial Officer, Veterans Canteen Service (103), Department of 
Veterans Affairs, 810 Vermont Avenue, NW., Washington, DC 20420. 
Officials maintaining the system: Chief of the Canteen Service at the 
facility where the individuals were associated. Addresses for VA 
facilities are listed in VA Appendix 1.

NOTIFICATION PROCEDURE:
    Individuals who wish to determine whether this system of records 
contains records about them should contact the VCS Payroll Deduction 
Program Specialist at the Veterans Canteen Service Central Office 
(VCSCO-FC), St. Louis, Missouri 63125; telephone: (314) 845-1301. 
Inquiries should include the person's full name, social security 
number, date(s) of contact, and return address.

RECORD ACCESS PROCEDURE:
    Individuals seeking information regarding access to and contesting 
of records in this system may write, call, or visit the VCS Payroll 
Deduction Program Specialist at the Veterans Canteen Service Central 
Office (VCSCO-FC), St. Louis, Missouri 63125; telephone: (314) 845-
1301.

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

RECORD SOURCE CATEGORIES:
    Information in this system of records is provided by the customers 
who participate in the program, VA employees and various VA systems.

[FR Doc. 06-1078 Filed 2-3-06; 8:45 am]
BILLING CODE 8320-01-P