Privacy Act of 1974, 6315-6317 [E7-2135]

Agencies

• DEPARTMENT OF VETERANS AFFAIRS

[Federal Register Volume 72, Number 27 (Friday, February 9, 2007)]
[NOT]
[Pages 6315-6317]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E7-2135]


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DEPARTMENT OF VETERANS AFFAIRS


Privacy Act of 1974

AGENCY: Department of Veterans Affairs.

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 Department of Veterans Affairs Federal Docket 
Management System (VAFDMS) (140VA00REG).

DATES: Comments on this new system of records must be received no later 
than March 12, 2007. If no public comment is received, the new system 
will become effective March 12, 2007.

ADDRESSES: Written comments may be submitted through https://
www.Regulations.gov; by mail or hand-delivery to the Director, 
Regulations Management (00REG), Department of Veterans Affairs, 810 
Vermont Ave., NW., Room 1068, Washington, DC 20420; or by fax to (202) 
273-9026. Copies of 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. In 
addition, comments are available online through the Federal Docket 
Management System (FDMS).

FOR FURTHER INFORMATION CONTACT: John Lawson, Privacy Officer, or Janet 
Coleman, Office of Regulation Policy and Management (00REG), Department 
of Veterans Affairs, 810 Vermont Avenue, NW., Washington, DC 20420, 
(202) 273-9515.

SUPPLEMENTARY INFORMATION:

I. Description of the Proposed System of Records

    The Department of Veterans Affairs Federal Docket Management System 
(VAFDMS) permits the Department of Veterans Affairs (VA) to identify 
individuals, who have submitted comments in response to VA rulemaking 
documents or notices so that communications or other actions, as 
appropriate and necessary, can be effected, such as to seek 
clarification of the comment, to directly respond to a comment, and for 
other activities associated with the rulemaking or notice process. 
Identification is possible only if the individual voluntarily provides 
identifying information when submitting a comment. If such information 
is not furnished, the submitted comments and/or supporting 
documentation cannot be linked to an individual.
    FDMS permits members of the public to search the public comments 
received by name of the individual submitting the comment. Unless the 
individual submits the comment anonymously, a name search will result 
in the comment being displayed for view. Comments may be searched by 
other means whether submitted anonymously or by an identified 
individual. If the comment is submitted electronically using FDMS, the 
viewed comment will not include the name of the submitter or any other 
identifying information about the individual except that, which the 
submitter has opted to include as part of his or her general comments. 
If a comment is submitted by an individual on his or her own behalf, in 
writing, that has been scanned and uploaded into FDMS, unless the 
individual submits the comment anonymously, the submitter's name will 
be on the comment, but other personally identifying information will be 
redacted before it is scanned and uploaded. Comments submitted on 
behalf of organizations in writing that have to be scanned and uploaded 
into FDMS, will not be redacted.

II. Proposed Routine Use Disclosures of Data in the System

    Disclosure may be made to individuals, organizations, private or 
public agencies, or other entities or individuals 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, subcontractor, public or private agency, or other 
entity or individual with whom VA has an agreement or contract to 
perform the services of the contract or agreement. This routine use 
includes disclosures by the individual or entity performing the service 
for VA to any secondary entity or individual to perform an activity 
that is necessary for individuals, organizations, private or public 
agencies, or other entities or individuals with whom VA has a contract 
or agreement to provide the service to VA.
    VA may disclose information contained in this system of records, as 
necessary, to comply with the requirements of the Administrative 
Procedure Act (APA) that comments are available for public review if 
submitted in response to VA's solicitation of public comments as part 
of the Agency's notice and rulemaking activities under the APA. 
However, VA will not release individually-identifiable personal 
information, such as an individual's home telephone number, under this 
routine-use except where VA determines that release of this information 
is integral to the public's

[[Page 6316]]

understanding of the comment submitted.
    VA may disclose, on its own initiative, any information in this 
system, except the names and home addresses of veterans and their 
dependents, 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 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, rule or order 
issued pursuant thereto.
    VA may disclose information in 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 disclosure of the records to the 
Department of Justice 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.

III. Compatibility of the Proposed Routine Uses

    Release of information from these records, pursuant to routine 
uses, will be made only in accordance with the provisions of the 
Privacy Act of 1974. The Privacy Act of 1974 permits agencies to 
disclose information about individuals, 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 
the routine-use disclosures proposed for this new VA system of records, 
VA will disclose individually-identified information for the following 
purposes: in connection with VA's administrative notice and rulemaking 
process; to contractors to perform a function associated with that 
process; for law-enforcement activities; and in administrative and 
judicial proceedings. VA has determined that the disclosure of 
information for the above purposes is a proper and necessary use of the 
information collected by the VAFDMS system, and is compatible with the 
purpose for which VA collected the information.
    The notice of intent to publish an advance copy of the system 
notice has 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), as amended, and guidelines issued 
by OMB (65 FR 77677), December 12, 2000.

    Approved: January 11, 2007.
Gordon H. Mansfield,
Deputy Secretary of Veterans Affairs.
140VA00REG

SYSTEM NAME:
    Department of Veterans Affairs Federal Docket Management System 
(VAFDMS)

SYSTEM LOCATION:
    Primary location: Electronic records are kept at the U.S. 
Environmental Protection Agency, Research Triangle Park, NC 27711-0001. 
Secondary location: Paper records are kept at Department of Veterans 
Affairs, 810 Vermont Avenue, NW., Washington, DC 20420.

CATEGORIES OF INDIVIDUALS COVERED BY THE SYSTEM:
    Individuals who voluntarily provide personal contact information 
when submitting a public comment and/or supporting materials in 
response to a Department of Veterans Affairs rulemaking document or 
notice.

CATEGORIES OF RECORDS IN THE SYSTEM:
    Full name, postal address, e-mail address, phone and fax numbers of 
the individual submitting comments, the name of the organization or 
individual that the individual represents (if any), and the comments, 
as well as other supporting documentation, furnished by the individual. 
Comments may include personal information about the commenter.

AUTHORITY FOR MAINTENANCE OF THE SYSTEM:
    44 U.S.C. 3501, Note; Pub. L. 107-347, sec. 206(d); Note; 5 U.S.C. 
301, and 553.

PURPOSE:
    To permit the Department of Veterans Affairs (VA) to identify 
individuals who have submitted comments in response to VA rulemaking 
documents or notices, so that communications or other actions, as 
appropriate and necessary, can be effected, such as to seek 
clarification of the comment, to directly respond to a comment, and for 
other activities associated with the rulemaking or notice process.

ROUTINE USES OF RECORDS MAINTAINED IN THE SYSTEM, INCLUDING CATEGORIES 
OF USERS AND THE PURPOSES OF SUCH USES:
    1. Disclosure may be made to individuals, organizations, private or 
public agencies, or other entities or individuals 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, subcontractor, public or private agency, or other 
entity or individual with whom VA has an agreement or contract to 
perform the services of the contract or agreement. This routine use 
includes disclosures by the individual or entity performing the service 
for VA to any secondary entity or individual to perform an activity 
that is necessary for individuals, organizations, private or public 
agencies, or other entities or individuals with whom VA has a contract 
or agreement to provide the service to VA.
    2. VA may disclose information contained in this System of Records, 
as necessary, to comply with the requirements of the Administrative 
Procedure Act (APA) that comments are available for public review if 
submitted in response to VA's solicitation of public comments as part 
of the Agency's notice and rulemaking activities under the APA. 
However, VA will not release individually-identifiable personal 
information, such as an individual's home telephone number, under this 
routine use, except where VA determines that release of this 
information is integral to the public's understanding of the comment 
submitted.
    3. VA may disclose, on its own initiative, any information in this 
system, except the names and home addresses of veterans and their 
dependents, 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

[[Page 6317]]

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 
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, rule or order issued pursuant thereto.
    4. VA may disclose information in 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 disclosure of the records to the 
Department of Justice 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.

POLICIES AND PRACTICES FOR STORING, RETRIEVING, ACCESSING, RETAINING, 
AND DISPOSING OF RECORDS IN THE SYSTEM:
(a) STORAGE:
    Records are maintained on electronic storage media and paper.

(b) RETRIEVABILITY:
    Records are retrieved by various data elements and key word 
searches, among which are by: Name, Agency, Docket Type, Docket Sub-
Type, Agency Docket ID, Docket Title, Docket Category, Document Type, 
CFR Part, Date Comment Received, and Federal Register Published Date.

(c) SAFEGUARDS:
    Electronic records are maintained in a secure, password protected, 
electronic system that utilizes security hardware and software to 
include: multiple firewalls, active intruder detection, and role-based 
access controls. Paper records are maintained in a controlled facility, 
where physical entry is restricted by the use of locks, guards, and/or 
administrative procedures. Access to records is limited to those 
officials who require the records to perform their official duties 
consistent with the purpose for which the information was collected. 
All personnel whose official duties require access to the information 
are trained in the proper safeguarding and use of the information.

(d) RETENTION AND DISPOSAL:
    Records will be maintained, and disposed of, in accordance with 
records disposition authority, approved by the Archivist of the United 
States.

SYSTEM MANAGER(S) AND ADDRESSES:
    John Lawson, Privacy Officer, Office of Regulation Policy and 
Management (00REG), Department of Veterans Affairs, 810 Vermont Ave., 
NW., Washington, DC 20420; telephone (202) 273-9515.

NOTIFICATION PROCEDURES:
    Individuals seeking to determine whether this System of Records 
contains information about themselves should address written inquiries 
to the Office of Regulation Policy and Management (00REG), Department 
of Veterans Affairs, 810 Vermont Ave., NW., Washington, DC 20420. 
Requests should contain the full name, address and telephone number of 
the individual making the inquiry.

RECORD ACCESS PROCEDURE:
    Individuals seeking to access or contest the contents of records 
about themselves, contained in this System of Records, should address a 
written request, including full name, address and telephone number to 
the Office of Regulation Policy and Management (00REG), Department of 
Veterans Affairs, 810 Vermont Ave., NW., Washington, DC 20420.

CONTESTING RECORD PROCEDURE:
    (See Record Access Procedure above.)

RECORD SOURCE CATEGORIES:
    Individual.

EXEMPTIONS CLAIMED FOR THE SYSTEM:
    There are no exemptions being claimed for this system.

[FR Doc. E7-2135 Filed 2-8-07; 8:45 am]
BILLING CODE 8320-01-P