Privacy Act of 1974, 15856-15859 [E8-6041]
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15856
Federal Register / Vol. 73, No. 58 / Tuesday, March 25, 2008 / Notices
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.
POLICIES AND PRACTICES FOR STORING,
RETRIEVING, ACCESSING, RETAINING, AND
DISPOSING OF RECORDS IN THE SYSTEM:
STORAGE:
Records are stored on paper and
electronically in secure VA locations.
RETRIEVABILITY:
Background investigation records are
retrieved by case number (CN), name,
Social Security Number (SSN), or
fingerprint.
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SAFEGUARDS:
For paper records: Comprehensive
paper records are kept in locked metal
file cabinets in locked rooms at the field
site Department of Human Resources
offices, and the SIC, Little Rock, AR.
The paper records are maintained in
controlled facilities where physical
entry is restricted by the use of locks,
guards, and administrative procedures.
Access to the records is limited to those
employees who have a need for them in
the performance of their official duties.
In addition, all personnel whose official
duties require access to the information
have undergone appropriate background
investigations and are trained and
certified in the proper safeguarding and
use of the information.
For electronic records: Electronic
records pertaining to any background
investigation data collected during the
PIV enrollment process are kept in the
PIV Identity Management System
maintained at VA Data Centers in
Falling Waters, WV; Hines, IL; Austin
Automation Data Center, Austin, TX;
and at the SIC, Little Rock, AR.
Electronic records are maintained in a
secure, password protected electronic
system that utilizes security hardware
and software to include: Encryption,
multiple firewalls, active intruder
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detection, and role-based access
controls.
Access to the records is restricted to
those with a specific role in the PIV
administrative process that requires
access to background investigation
forms to perform their duties, and who
have been given authorization and
password to access that part of the
system. An audit trail is maintained and
reviewed periodically to identify
attempts to access, and actual
unauthorized access events. Persons
given roles in the PIV process have
undergone appropriate background
investigations and must complete
training and be certified in their specific
roles to ensure they are knowledgeable
about how to protect sensitive and
individually-identified information.
RETENTION AND DISPOSAL:
These records are retained and
disposed of in accordance with General
Records Schedule 18, item 22, approved
by the National Archives and Records
Administration (NARA). Records are
destroyed upon notification of death or
not later than five years after separation
or transfer of employee, whichever is
applicable.
SYSTEM MANAGER AND ADDRESS:
VA PIV Program Manager, Office of
Information and Technology (005Q3),
Department of Veterans Affairs, 810
Vermont Ave., NW., Room B–11,
Washington, DC 20420; telephone (202)
461–9759 (This is not a toll free
number).
the corrective action sought and the
reasons for the correction along with
supporting justification showing why
the record is not accurate, timely,
relevant, or complete.
RECORD SOURCE CATEGORIES:
Information is obtained from a variety
of sources including the employee,
contractor, or affiliate applicant via use
of the SF–85, SF–85P, or SF–86 and
personal interviews; employer’s and
former employers’ records; FBI criminal
history records and other databases;
financial institutions and credit reports;
medical records and health care
providers; educational institutions;
interviews of witnesses such as
neighbors, friends, co-workers, business
associates, teachers, landlords, or family
members; tax records; and other public
records. VA security violation
information is obtained from a variety of
sources, such as guard reports, security
inspections, witnesses, supervisor’s
reports, and audit reports.
EXEMPTIONS CLAIMED FOR THE SYSTEM:
Upon publication of a final rule in the
Federal Register, this system of records
will be exempt in accordance with 5
U.S.C. 552a(k)(5). Information will be
withheld to the extent it identifies
witnesses promised confidentiality as a
condition of providing information
during the course of the background
investigation.
[FR Doc. E8–5969 Filed 3–24–08; 8:45 am]
BILLING CODE 8320–01–P
NOTIFICATION PROCEDURES:
An individual can determine if this
system contains a record pertaining to
him/her by sending a signed written
request to the Systems Manager. When
requesting notification of or access to
records covered by this Notice, an
individual should provide his/her full
name, date of birth, agency name, and
work location. An individual requesting
notification of records in person must
provide identity documents sufficient to
satisfy the custodian of the records that
the requester is entitled to access, such
as a government-issued photo ID.
Individuals requesting notification via
mail or telephone must furnish, at
minimum, name, date of birth, social
security number, and home address in
order to establish identity.
RECORD ACCESS PROCEDURE:
Same as notification procedures.
CONTESTING RECORD PROCEDURE:
Same as notification procedures.
Requesters should also reasonably
identify the record, specify the
information they are contesting, state
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DEPARTMENT OF VETERANS
AFFAIRS
Privacy Act of 1974
Department of Veterans Affairs.
Notice of amendment to system
of records.
AGENCY:
ACTION:
SUMMARY: As required by the Privacy
Act of 1974 (5 U.S.C. 552(e)(4)), notice
is hereby given that the Department of
Veterans Affairs (VA) is amending the
system of records currently entitled,
‘‘Department of Veterans Affairs Federal
Docket Management System
(VAFDMS)—(140VA00REG)’’ as set
forth in the Federal Register on
February 9, 2007. VA is amending the
system by revising the routine uses of
records maintained in the system,
including categories of users and the
purpose of such uses. VA is
republishing the system notice in its
entirety.
DATES: Comments on the amendment of
this system of records must be received
no later than April 24, 2008. If no public
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Federal Register / Vol. 73, No. 58 / Tuesday, March 25, 2008 / Notices
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comment is received, the new system
will become effective April 24, 2008.
ADDRESSES: Written comments may be
submitted through https://
www.Regulations.gov; by mail or handdelivery to the Director, Regulations
Management (00REG), Department of
Veterans Affairs, 810 Vermont Avenue,
NW., Room 1068, Washington, DC,
20420; or by fax to (202) 273–9026.
Comments should indicate that they are
submitted in response to the
amendment of ‘‘Department of Veterans
Affairs Federal Docket Management
System (VAFDMS)—(140VA00REG).’’
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) 461–4902 for an appointment.
In addition, during the comment period,
comments may be viewed online
through the Federal Docket Management
System at https://www.Regulations.gov.
FOR FURTHER INFORMATION CONTACT:
William F. Russo, Privacy Officer, or
Janet Coleman, Office of Regulation
Policy and Management (00REG),
Department of Veterans Affairs, 810
Vermont Avenue, NW., Washington, DC
20420, (202) 461–4902.
SUPPLEMENTARY INFORMATION: A Notice
of Establishment of New System of
Records was published in the Federal
Register on February 9, 2007 (72 FR
6315).
I. Description of the 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.
VAFDMS 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
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view. Comments may be searched by
other means whether submitted
anonymously or by an identified
individual. If the comment is submitted
electronically using VAFDMS, 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
VAFDMS, 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 VAFDMS,
will not be redacted.
II. Proposed Amendments to Routine
Use Disclosures of Data in the System
VA is rewriting existing routine uses
in the System using plain language. The
use of plain language in these routine
uses does not, and is not intended to,
change the disclosures authorized under
these routine uses. VA is amending,
deleting, rewriting and reorganizing the
order of the routine uses in this system
of records, as well as adding new
routine uses. Accordingly, the following
changes are made to the current routine
uses and are incorporated into the
amended system of records notice:
Current routine use number 1 is being
renumbered as routine use number 4,
and is amended to more accurately
reflect VA’s authorization to disclose
individually-identifiable information to
contractors or other entities that will
provide services to VA for which the
recipient needs that information in
order to perform the services.
VA is not amending current routine
use number 2, but VA is renumbering it
as routine use number 8.
VA is renumbering current routine
use number 3 as routine use number 5,
and amending it, with minor word
changes, to more accurately reflect the
conditions under which VA, on its own
initiative, may disclose information
from this system of records for law
enforcement purposes.
Current routine use number 4 is being
renumbered as new routine use number
3, and is being amended, with minor
word changes, to more clearly state
when VA may disclose information in
legal proceedings, and when VA may
disclose information to the Department
of Justice. In determining whether to
disclose records under this routine use,
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15857
VA will comply with the guidance
promulgated by the Office of
Management and Budget (OMB) in a
May 24, 1985, memorandum entitled
‘‘Privacy Act Guidance—Update’’
currently posted at https://frwebgate.
access.gpo.gov/cgi-bin/leaving.cgi?
from=leavingFR.html&log=linklog&
to=https://www.whitehouse.gov/omb/
inforeg/guidance1985.pdf.
VA is adding new routine use number
1 authorizing when VA may disclose the
record of an individual to a Member of
Congress, or a staff person acting for the
Member.
New routine use number 2 is being
added to authorize disclosure to the
National Archives and Records
Administration in records management
inspections conducted under authority
of Title 44 U.S.C.
VA is adding new routine use number
6 authorizing when VA may disclose to
other Federal agencies in assisting such
agencies in preventing and detecting
possible fraud or abuse by individuals
in their operations and programs.
Finally, VA is adding new routine use
number 7 that authorizes the
circumstances, and to whom, VA may
disclose records in order to respond to,
and minimize possible harm to,
individuals as a result of a data breach.
This routine use is promulgated in order
to meet VA’s statutory duties under 38
U.S.C. 5724 and The Privacy Act, 5
U.S.C. 552a, as amended.
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. VA has
determined that the disclosure of
information for the above purposes in
the proposed amended to routine uses 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.
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15858
Federal Register / Vol. 73, No. 58 / Tuesday, March 25, 2008 / Notices
Approved: March 11, 2008.
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.
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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.
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2. Disclosure may be made to the
National Archives and Records
Administration in records management
inspections conducted under authority
of Title 44 U.S.C.
3. VA may disclose information from
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 release of the
records to the DoJ 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.
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
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or abuse by individuals in their
operations and programs.
7. VA may, on its own initiative,
disclose any information or records to
appropriate agencies, entities, and
persons when (1) VA suspects or has
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, confidentiality, or integrity of
this system or other systems or
programs (whether maintained by the
Department or another agency or entity)
that rely upon the potentially
compromised information, and (3) the
disclosure is to agencies, entities, or
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 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.
8. 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
address or home telephone number,
under this routine-use, except where VA
determines that publication without
redaction was intended by the
submitter.
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
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(D) RETENTION AND DISPOSAL:
Comment Received, and Federal
Register Published Date.
(C) SAFEGUARDS:
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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.
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RECORD ACCESS PROCEDURE:
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:
William F. Russo, Privacy Officer,
Office of Regulation Policy and
Management (00REG), Department of
Veterans Affairs, 810 Vermont Ave.,
NW., Washington, DC 20420; telephone
(202) 461–4902.
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.
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15859
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. E8–6041 Filed 3–24–08; 8:45 am]
BILLING CODE 8320–01–P
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]]>Agencies
[Federal Register Volume 73, Number 58 (Tuesday, March 25, 2008)]
[Notices]
[Pages 15856-15859]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E8-6041]
-----------------------------------------------------------------------
DEPARTMENT OF VETERANS AFFAIRS
Privacy Act of 1974
AGENCY: Department of Veterans Affairs.
ACTION: Notice of amendment to system of records.
-----------------------------------------------------------------------
SUMMARY: As required by the Privacy Act of 1974 (5 U.S.C. 552(e)(4)),
notice is hereby given that the Department of Veterans Affairs (VA) is
amending the system of records currently entitled, ``Department of
Veterans Affairs Federal Docket Management System (VAFDMS)--
(140VA00REG)'' as set forth in the Federal Register on February 9,
2007. VA is amending the system by revising the routine uses of records
maintained in the system, including categories of users and the purpose
of such uses. VA is republishing the system notice in its entirety.
DATES: Comments on the amendment of this system of records must be
received no later than April 24, 2008. If no public
[[Page 15857]]
comment is received, the new system will become effective April 24,
2008.
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 Avenue, NW., Room 1068, Washington, DC, 20420; or by fax to
(202) 273-9026. Comments should indicate that they are submitted in
response to the amendment of ``Department of Veterans Affairs Federal
Docket Management System (VAFDMS)--(140VA00REG).'' 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) 461-4902 for an appointment. In addition, during the comment
period, comments may be viewed online through the Federal Docket
Management System at https://www.Regulations.gov.
FOR FURTHER INFORMATION CONTACT: William F. Russo, Privacy Officer, or
Janet Coleman, Office of Regulation Policy and Management (00REG),
Department of Veterans Affairs, 810 Vermont Avenue, NW., Washington, DC
20420, (202) 461-4902.
SUPPLEMENTARY INFORMATION: A Notice of Establishment of New System of
Records was published in the Federal Register on February 9, 2007 (72
FR 6315).
I. Description of the 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.
VAFDMS 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 VAFDMS,
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 VAFDMS,
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 VAFDMS, will not be redacted.
II. Proposed Amendments to Routine Use Disclosures of Data in the
System
VA is rewriting existing routine uses in the System using plain
language. The use of plain language in these routine uses does not, and
is not intended to, change the disclosures authorized under these
routine uses. VA is amending, deleting, rewriting and reorganizing the
order of the routine uses in this system of records, as well as adding
new routine uses. Accordingly, the following changes are made to the
current routine uses and are incorporated into the amended system of
records notice:
Current routine use number 1 is being renumbered as routine use
number 4, and is amended to more accurately reflect VA's authorization
to disclose individually-identifiable information to contractors or
other entities that will provide services to VA for which the recipient
needs that information in order to perform the services.
VA is not amending current routine use number 2, but VA is
renumbering it as routine use number 8.
VA is renumbering current routine use number 3 as routine use
number 5, and amending it, with minor word changes, to more accurately
reflect the conditions under which VA, on its own initiative, may
disclose information from this system of records for law enforcement
purposes.
Current routine use number 4 is being renumbered as new routine use
number 3, and is being amended, with minor word changes, to more
clearly state when VA may disclose information in legal proceedings,
and when VA may disclose information to the Department of Justice. In
determining whether to disclose records under this routine use, VA will
comply with the guidance promulgated by the Office of Management and
Budget (OMB) in a May 24, 1985, memorandum entitled ``Privacy Act
Guidance--Update'' currently posted at https://frwebgate.access.gpo.gov/
cgi-bin/leaving.cgi?from=leavingFR.html&log=linklog&to=https://
www.whitehouse.gov/omb/inforeg/guidance1985.pdf.
VA is adding new routine use number 1 authorizing when VA may
disclose the record of an individual to a Member of Congress, or a
staff person acting for the Member.
New routine use number 2 is being added to authorize disclosure to
the National Archives and Records Administration in records management
inspections conducted under authority of Title 44 U.S.C.
VA is adding new routine use number 6 authorizing when VA may
disclose to other Federal agencies in assisting such agencies in
preventing and detecting possible fraud or abuse by individuals in
their operations and programs.
Finally, VA is adding new routine use number 7 that authorizes the
circumstances, and to whom, VA may disclose records in order to respond
to, and minimize possible harm to, individuals as a result of a data
breach. This routine use is promulgated in order to meet VA's statutory
duties under 38 U.S.C. 5724 and The Privacy Act, 5 U.S.C. 552a, as
amended.
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. VA
has determined that the disclosure of information for the above
purposes in the proposed amended to routine uses 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.
[[Page 15858]]
Approved: March 11, 2008.
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. 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 in records management inspections conducted under
authority of Title 44 U.S.C.
3. VA may disclose information from 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 release of the records to the DoJ
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.
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. VA may, on its own initiative, disclose any information or
records to appropriate agencies, entities, and persons when (1) VA
suspects or has 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,
confidentiality, or integrity of this system or other systems or
programs (whether maintained by the Department or another agency or
entity) that rely upon the potentially compromised information, and (3)
the disclosure is to agencies, entities, or 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
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.
8. 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 address or home telephone number,
under this routine-use, except where VA determines that publication
without redaction was intended by the submitter.
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
[[Page 15859]]
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:
William F. Russo, Privacy Officer, Office of Regulation Policy and
Management (00REG), Department of Veterans Affairs, 810 Vermont Ave.,
NW., Washington, DC 20420; telephone (202) 461-4902.
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. E8-6041 Filed 3-24-08; 8:45 am]
BILLING CODE 8320-01-P
