Privacy Act of 1974: System of Records, 74580-74584 [E8-29029]

Agencies

• DEPARTMENT OF VETERANS AFFAIRS

[Federal Register Volume 73, Number 236 (Monday, December 8, 2008)]
[Notices]
[Pages 74580-74584]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E8-29029]


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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--Police and Security 
Records--VA (103VA07B).

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[[Page 74581]]

SUMMARY: As required by the Privacy Act of 1974, 5 U.S.C. 552a(e), 
notice is hereby given that the Department of Veterans Affairs (VA) is 
amending the system of records entitled ``Police and Security Records--
VA'' (103VA07B) as set forth in 67 FR 77737 dated December 19, 2002. VA 
is amending the system of records by revising the section of Routine 
Uses of Records Maintained in the System; as such VA is republishing 
the 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, Police Service (07B), 
Department of Veterans Affairs, 810 Vermont Avenue, NW., Washington, DC 
20420, telephone (202) 461-5544.

SUPPLEMENTARY INFORMATION: 

Description of the Amended Systems of Records

    The Office of Security and Law Enforcement oversees the maintenance 
of law and order and the protection of persons and property on 
Department property at facilities nationwide and at the Central Office 
facilities in Washington, DC metropolitan area. This amended system of 
records covers veterans, U.S. government employees, retirees, 
volunteers, contractors, subcontractors, or private citizens involved 
in certain Police Services activities at field facilities and Office of 
Security and Law Enforcement activities at VA Central Office. The 
records contained in the system will be comprised of the Police and 
Security Software Package (PSSP) that contains information retrieved by 
name or personal identifier (master name index file, quick name check, 
offense reports, violations, motor vehicle registrations, wants and 
warrants, police daily operations journal, and police officer training 
records); and records not contained in the PSSP at all facilities and 
are retrieved by name or personal identifier may be photographs, 
uniform offense reports, accident reports, information on 
identification cards, records of evidence and property, and records of 
citations. The authority to maintain these records is Title 38, United 
States Code (U.S.C.), Section 501 and 901-905. 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. This requires the collection and 
use of accurate, up-to-date data for the purpose of enforcing the law 
and protecting persons and property on VA property and at VA Central 
Office in accordance with Title 38, U.S.C., Chapter 9. Records in the 
system are maintained electronically and on paper and are retrieved by 
the name of the individual or personal identifier such as partial or 
full social security number.
    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 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

[[Page 74582]]

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 13, 2008.
Gordon H. Mansfield,
Deputy Secretary of Veterans Affairs.
103VA07B

SYSTEM NAME:
    Police and Security Records--VA.

SYSTEM LOCATION:
    VA Police personnel maintain electronic and paper records at VA 
field facilities and VA Central Office, 810 Vermont Ave, NW., 
Washington, DC 20420. Address locations for VA facilities can be found 
at https://www.va.gov.

CATEGORIES OF INDIVIDUALS COVERED BY THE SYSTEM:
    Veterans, VA Police officers, U.S. government employees, retirees, 
contractors, subcontractors, volunteers, and other individuals, 
including private citizens, who:
    1. Have been a complainant, a witness, a victim, or a subject of an 
investigation of a violation or of an alleged violation of a law on VA 
property;
    2. Have been a witness or a victim when there has been a VA police 
response to a report of a missing patient;
    3. Have been witness to, or involved in, a motor vehicle accident 
on VA property;
    4. Have been a witness, victim, or subject when there has been a VA 
police response to provide assistance to VA employees;
    5. Have registered a motor vehicle with VA police;
    6. Have had property confiscated by VA police or whose property has 
been given to VA police for safekeeping; or
    7. For whom a VA identification card has been prepared.

CATEGORIES OF RECORDS IN THE SYSTEM:
    Police and law enforcement records, containing specific 
identification of persons, can be found in electronic and/or paper 
medium:
    1. Master Name Index contains demographic information (i.e., name, 
address, date of birth, sex) and descriptive information such as 
height, weight, hair color, eye color, and scars or marks.
    2. Quick Name Check allows for the immediate retrieval of 
information based on a name from files contained within the law 
enforcement records subject to this system of records notice.
    3. VA Police Uniform Offense Reports, Investigative Notes, Case 
Log, and other documentation assembled during an investigation. Uniform 
Offense Reports contain information of all types of offenses and 
incidents, criminal and non-criminal, that occur at a facility and to 
which VA Police respond (e.g., criminal investigations, investigative 
stops, patient and staff assistance calls, missing patient searches, 
and motor vehicle accidents).
    4. All violation information and copies of U.S. District Court 
Violation Notices and Courtesy Warnings issued by VA Police.
    5. On-station vehicle registration records used for identifying 
vehicle owners at a facility.
    6. Records pertaining to individuals with outstanding warrants, 
summons, court commitments, or other types of legal process.
    7. Daily Operations Journal records include names and other 
personal identifying information of persons with whom VA police have 
had official, duty-related contact.
    8. VA Police officer training records.
    9. Photographs of any and all persons and/or scenes pertinent to an 
incident or investigation;
    10. Motor vehicle registrations;
    11. Identification cards with photographic images for veterans, 
U.S. government employees, retirees, volunteers, contractors, 
subcontractors, or private citizens;
    12. Records of evidence, confiscated property, or property being 
held for safekeeping.

AUTHORITY FOR MAINTENANCE OF THE SYSTEM:
    Title 38 United States Code (U.S.C), Section 501 and Sections 901-
905.

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 is necessary for the 
purpose of enforcing the law and protecting persons and property on VA 
property. Examples: ID cards are used to visibly identify employees, 
contractors, students, and other designated individuals from the 
general public. ID cards also serve as a means of access control to a 
facility. Motor vehicle registration records serve to accurately 
identify the owner of a vehicle and the suitability of its presence on 
VA grounds. These records are also used for a VA facility's ride 
sharing program. Evidence or confiscated property records are used to 
accurately track and record the chain of custody maintained by the VA 
police.

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

[[Page 74583]]

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.
    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.

POLICIES AND PRACTICES FOR STORING, RETRIEVING, ACCESSING, RETAINING 
AND DISPOSING OF RECORDS IN THE SYSTEM:
STORAGE:
    VA Police Services maintain electronic and paper records at each VA 
facility and VA Central Office.

RETRIEVABILITY:
    Information is retrieved by name or personal identifier of partial 
or full social security number.

SAFEGUARDS:
    Access to working areas where information is maintained in VA 
facilities and VA Central Office is controlled and restricted to VA 
employees and VA contractors on a need-to-know basis. Paper document 
files are locked in a secure container when files are not being used 
and when work area is not occupied. VA facilities are protected from 
outside access after normal duty hours by police or security personnel. 
Access to information on electronic media is controlled by individually 
unique passwords and codes. Computer access authorizations, computer 
applications available and used, information access attempts, frequency 
and time of use are recorded and monitored.

RETENTION AND DISPOSAL:
    Records will be maintained and disposed of in accordance with the

[[Page 74584]]

records disposition authority approved by the Archivist of the United 
States.

SYSTEM MANAGER(S) AND ADDRESS:
    Director, Police Service (07B), 810 Vermont Avenue, NW., 
Washington, DC 20420.

NOTIFICATION PROCEDURE:
    An individual who wishes to determine whether a record is being 
maintained under his or her name in this system or wishes to determine 
the contents of such records should submit a written request or apply 
in person to the VA facility where the records are located. Addresses 
of VA facilities may be found at https://www.va.gov. A majority of 
records in this system are exempt from record access and amendment 
provisions of Title 5 U.S.C., Sections 552a(j) and (k). To the extent 
that records in this system are not subject to exemption, individuals 
may request access and/or amendment. A determination as to whether an 
exemption applies shall be made at the time a request for access or 
contest is received.

RECORD ACCESS PROCEDURE:
    Individuals seeking information regarding access to and amendment 
of records in this system may write, call or visit the VA facility 
where the records are maintained.

CONTESTING RECORD PROCEDURES:
    (See Record Access Procedure above)

RECORD SOURCE CATEGORIES:
    Information is obtained from veterans, VA police officers, U.S. 
government employees, retirees, volunteers, contractors, 
subcontractors, other law enforcement agencies, and private citizens.

SYSTEMS EXEMPTED FROM CERTAIN PROVISIONS OF THE ACT:
    Under Title 5 U.S.C., Section 552a(j)(2), the head of any agency 
may exempt any system of records within the agency from certain 
provisions of the Privacy Act, if the agency or component that 
maintains the system performs as its principal function any activities 
pertaining to the enforcement of criminal laws. The function of the 
Police Service is to provide for the maintenance of law and order and 
the protection of persons and property on Department property. This 
system of records has been created, in major part, to support the law 
enforcement related activities assigned by the Department under the 
authority of Title 38 U.S.C., Section 901 to the Police Service. These 
activities constitute the principal function of this staff.
    In addition to principal functions pertaining to the enforcement of 
criminal laws, the Police Service may receive and investigate 
complaints or information from various sources concerning the possible 
existence of activities constituting noncriminal violations of law, 
rules, or regulations or substantial and specific danger to the public 
and safety.
    Based upon the foregoing, the Secretary of Veterans Affairs (VA) 
has exempted this system of records, to the extent that it encompasses 
information pertaining to criminal law enforcement related activities 
from the following provisions of the Privacy Act of 1974, as permitted 
by 5 U.S.C. 552a(j)(2):
    5 U.S.C. 552a(c)(3) and (4).
    5 U.S.C. 552a(d)(1) through (4).
    5 U.S.C. 552a(e)(1), (2) and (3).
    5 U.S.C. 552a(e)(4)(G), (H) and (I).
    5 U.S.C. 552a(e)(5) and (8).
    5 U.S.C. 552a(f).
    5 U.S.C. 552a(g).
    The Secretary of Veterans Affairs has exempted this system of 
records, to the extent that it does not encompass information 
pertaining to criminal law enforcement related activities under 5 
U.S.C. 552a(j)(2), from the following provisions of the Privacy Act of 
1974, as permitted by 5 U.S.C. 552a(k)(2):
    5 U.S.C. 552a(c)(3).
    5 U.S.C. 552a(d)(1) through (4).
    5 U.S.C. 552a(e)(1).
    5 U.S.C. 552a(e)(4)(G), (H) and (I).
    5 U.S.C. 552a(f).
    Reasons for exemptions: The exemption of information and material 
in this system of records is necessary in order to accomplish the law 
enforcement functions of the Police Service, to prevent subjects of 
investigations from frustrating the investigatory process, to prevent 
the disclosure of investigative techniques, to fulfill commitments made 
to protect the confidentiality of sources, to maintain access to 
sources of information, and to avoid endangering these sources and 
Police personnel.

[FR Doc. E8-29029 Filed 12-5-08; 8:45 am]
BILLING CODE 8320-01-P