Privacy Act of 1974: System of Records, 74578-74580 [E8-29022]

Agencies

• DEPARTMENT OF VETERANS AFFAIRS

[Federal Register Volume 73, Number 236 (Monday, December 8, 2008)]
[Notices]
[Pages 74578-74580]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E8-29022]


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DEPARTMENT OF VETERANS AFFAIRS


Privacy Act of 1974: System of Records

AGENCY: Department of Veterans Affairs (VA).

ACTION: Notice of Amendment of System of Records--VA Police Badge and 
Training Records System--VA (83VA07).

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SUMMARY: As required by the Privacy Act of 1974, Title 5 United States 
Code, Section 552a(e), notice is hereby given that the Department of 
Veterans Affairs (VA) is amending VA Police Badge and Training Records 
System--VA (83VA07) as set forth in 67 FR 49747 dated November 3, 1992. 
VA is republishing this system notice in its entirety.

DATES: Comments on the amended system of records must be received no 
later than January 7, 2009. If no public comment is received during the 
period allowed for comment or unless otherwise published in the Federal 
Register by VA, the amended system will become effective January 7, 
2009.

ADDRESSES: Written comments may be submitted through 
www.Regulations.gov; by mail or hand-delivery to the Director, 
Regulations Management (02REG), 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) 461-4902 for an appointment. In 
addition, during the comment period, comments may be viewed online 
through the Federal Docket Management System (FDMS) at 
www.Regulations.gov.

FOR FURTHER INFORMATION CONTACT: Director, Law Enforcement Training 
Center (07A2), Department of Veterans Affairs 2200 Fort Roots Drive, 
Bldg 104, North Little Rock, AR 72114.

SUPPLEMENTARY INFORMATION:

I. Description of the Systems of Records

    This system of records contains information regarding VA Police 
Officers who have attended the Basic VA Police Training Course and 
supplemental professional training held at the VA Law Enforcement 
Training Center. Specifically, this system of records contains each VA 
police officer's name, Social Security number, badge number, date of 
birth, sex, examination scores and class standing, entry-on-duty date, 
and their duty station. The following routine uses for information in 
this system are added or restate existing uses to this system.
    1. The record of an individual covered by this 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 the 
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 purposes of laws 
administered by VA, in order for the contractor or sub-contractor 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

[[Page 74579]]

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.

Compatibility of the Proposed Routine Uses

    The Privacy Act permits disclosure of 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 is 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; to provide a benefit to VA; or because disclosure is required 
by law.
    The notice of intent to amend and an advance copy of the system 
notice have been sent to the appropriate Congressional committees and 
to the Administrator of 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: November 14, 2008.
Gordon H. Mansfield,
Deputy Secretary of Veterans Affairs.
83VA07

SYSTEM NAME:
    VA Police Badge and Training Records System--VA

SYSTEM LOCATION:
    VA Law Enforcement Training Center, VA Medical Center, 2200 Fort 
Roots Drive, Bldg 104, North Little Rock, AR 72114.

CATEGORIES OF INDIVIDUALS COVERED BY THE SYSTEM:
    VA Police Officers who have attended the Basic VA Police Training 
Course and supplemental professional training held at the VA Law 
Enforcement Training Center.

CATEGORIES OF RECORDS IN THE SYSTEM:
    This system of records contains each VA police officer's name, 
social security number, badge number, date of birth, sex, examination 
scores and class standing, entry-on-duty date, and their duty station.

AUTHORITY FOR MAINTENANCE OF THE SYSTEM:
    38 U.S.C. 501 and 902

PURPOSE(S):
    The records and information contained in this system of records are 
necessary for the effective administration and management of the 
Department's nationwide Security and Law Enforcement Program. The 
collection and use of accurate, up-to-date data are necessary for the 
purpose of enforcing the law and protecting persons and property on VA 
property and at VA Central Office.

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 this 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 the 
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 sub-contractor 
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 Title 38 U.S.C. 5724, as the 
terms are defined in Title 38 U.S.C. 5727.
    8. Disclosure may be made to the DoJ and United States attorneys in 
defense or prosecution of litigation involving the United States, and 
to Federal agencies upon their request in connection with review of 
administrative tort claims filed under the Federal Tort Claims Act, 
Title 28 United States Code, Section 2672.

[[Page 74580]]

    9. Any information in this system, except the name and address of a 
veteran, may be disclosed to a Federal, State, or local agency 
maintaining civil or criminal violation records or other pertinent 
information such as prior employment history, prior Federal employment 
background investigations, and/or personal or educational background in 
order for VA to obtain information relevant to the hiring, transfer, or 
retention of an employee, the letting of a contract, the granting of a 
security clearance, or the issuance of a grant or other benefit. The 
name and address of a veteran may be disclosed to a Federal agency 
under this routine use if this information has been requested by the 
Federal agency in order to respond to the VA inquiry.
    10. Information in this system regarding traffic accidents may be 
disclosed to private insurance companies for use in determining payment 
of a claim under a policy.
    11. To assist attorneys in representing their clients, any 
information in this system may be disclosed to attorneys representing 
veterans, U.S. government employees, retirees, volunteers, contractors, 
subcontractors, or private citizens being investigated and prosecuted 
for violating the law, except where VA has decided release is 
inappropriate under Title 5 United States Code, Section 552a(j) and 
(k).
    12. Disclosure of information to the Federal Labor Relations 
Authority (including its General Counsel) when requested in connection 
with the 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; in 
connection with matters before the Federal Service Impasses Panel; and 
to investigate representation petitions and conduct or supervise 
representation elections.
    13. Information may be disclosed 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.
    14. Information may be disclosed to officials of the Merit Systems 
Protection Board, and 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 Title 5 United States Code, Sections 1205 and 
1206, or as may be authorized by law.
    15. Disclosure may be made to the VA-appointed representative of an 
employee of all notices, determinations, decisions, or other written 
communications issued to the employee in connection with an examination 
ordered by VA under medical evaluation (formerly fitness-for-duty) 
examination procedures or Department-filed disability retirement 
procedures.
    16. To the Office of Management and Budget when necessary to the 
review of private relief legislation pursuant to OMB Circular No. A-19.

POLICIES AND PRACTICES FOR STORING, RETRIEVING, ACCESSING, RETAINING 
AND DISPOSING OF RECORDS IN THE SYSTEM:
STORAGE:
    The VA Law Enforcement Training Center maintains the information on 
the mainframe Information Resources Management System which will 
subsequently be transferred to hard disk.

RETRIEVABILITY:
    Information is retrieved by the VA police officer's name, badge 
number or class number.

SAFEGUARDS:
    Information is under the control of the Deputy Assistant Secretary 
for Security and Law Enforcement and staff members who have a 
legitimate need to know the contents of the system of records in order 
to perform their duties. Computer records are stored in a computer 
network to which only these individuals have access. No personal 
identifiers are used in statistical and management reports.

RETENTION AND DISPOSAL:
    These records are retained and disposed of in accordance with 
General Records Schedule 18, item 22a, 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. The records are disposed 
of by electronic erasure, shredding, or burning.

SYSTEM MANAGER(S) AND ADDRESS:
    Director, Law Enforcement Training Center, 2200 Fort Roots Drive, 
North Little Rock, AR 72214.

NOTIFICATION PROCEDURE:
    Individuals desiring to know whether this system of records 
contains a record pertaining to him or her, how he or she may gain 
access to such a record, and how he or she may contest the content of 
such a record may write to the following address: Director, Law 
Enforcement Training Center, 2200 Fort Roots Drive, North Little Rock, 
AR 72214. The following information, or as much as is available, should 
be furnished in order to identify the record: Name of individual, class 
number, or badge number in order to identify the record.

RECORDS ACCESS PROCEDURES:
    Same as notification procedures. Requesters should also reasonably 
specify the record contents being sought. Rules regarding access to 
Privacy Act records appear in Title 5 CFR part 552d. If additional 
information or assistance is required, contact the Director, Law 
Enforcement Training Center, 2200 Fort Roots Drive, North Little Rock, 
AR 72114, 501-257-4160.

CONTESTING RECORD PROCEDURES:
    Same as notification procedures. Requesters should also reasonably 
identify the record, specify the information they are contesting, state 
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. Rules regarding amendment of Privacy Act 
records appear in Title 5 CFR part 552d. If additional information or 
assistance is required, contact the Director, Law Enforcement Training 
Center, 2200 Fort Roots Drive, North Little Rock, AR 72114, 501-257-
4160.

RECORD SOURCE CATEGORIES:
    Personal information is furnished by medical center personnel 
submitting names of newly hired VA police officers for training and may 
be furnished or corrected subsequently by trainees themselves. Assigned 
badge numbers for police officers are assigned by the VA Law 
Enforcement Training Center and entered into the record.
[FR Doc. E8-29022 Filed 12-5-08; 8:45 am]
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