Privacy Act of 1974; System of Records, 11186-11190 [E9-5599]
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11186
Federal Register / Vol. 74, No. 49 / Monday, March 16, 2009 / Notices
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.
The Report of Intent to Amend a
System on Records Notice and an
advance copy of the system notice have
been sent to the appropriate
Congressional committees and to the
Director of the Office of Management
and Budget (OMB) as required by 5
U.S.C. 552a(r) (Privacy Act) and
guidelines issued by OMB (65 FR
77677), December 12, 2000.
Approved: February 24, 2009.
John R. Gingrich,
Chief of Staff, Department of Veterans Affairs.
Notice of Amendment of Systems of
Records
1. In the system identified as
93VA131, ‘‘Gulf War Registry-VA’’, as
set forth in the Federal Register, 69 FR
2962 and last amended on Jan. 21, 2004.
Two new routine uses are added as
follows:
93VA131
SYSTEM NAME:
*
Gulf War Registry-VA.
*
*
*
*
ROUTINE USES OF RECORDS MAINTAINED IN THE
SYSTEM, INCLUDING CATEGORIES OF USERS AND
THE PURPOSES OF SUCH USES:
*
*
*
*
*
11. 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.
12. 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
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15:38 Mar 13, 2009
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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.
2. In the system identified as
105VA131, ‘‘Agent Orange RegistryVA’’, as set forth in the Federal
Register, 68 FR 75025 and last amended
on Dec. 29, 2003. Two new routine uses
are added as follows:
105VA131
SYSTEM NAME:
*
Agent Orange Registry-VA.
*
*
*
*
ROUTINE USES OF RECORDS MAINTAINED IN THE
SYSTEM, INCLUDING CATEGORIES OF USERS AND
THE PURPOSES OF SUCH USES:
*
*
*
*
*
10. 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.
11. 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.
3. In the system identified as
108VA11S, ‘‘Spinal Cord Dysfunction-
PO 00000
Frm 00109
Fmt 4703
Sfmt 4703
Registry (SCD–R)–VA’’, as set forth in
the Federal Register 69 FR 35139, and
last amended on June 23, 2004. Two
new routine uses are added as follows:
108VA11S
SYSTEM NAME:
Spinal Cord Dysfunction-Registry
(SCD–R)–VA.
*
*
*
*
*
ROUTINE USES OF RECORDS MAINTAINED IN THE
SYSTEM, INCLUDING CATEGORIES OF USERS AND
THE PURPOSES OF SUCH USES:
*
*
*
*
*
12. 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.
13. 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.
[FR Doc. E9–5598 Filed 3–13–09; 8:45 am]
BILLING CODE 8320–01–P
DEPARTMENT OF VETERANS
AFFAIRS
Privacy Act of 1974; System of
Records
AGENCY:
Department of Veterans Affairs
(VA).
ACTION: Notice of establishment of a new
system of records.
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Federal Register / Vol. 74, No. 49 / Monday, March 16, 2009 / Notices
SUMMARY: The Privacy Act of 1974 (5
U.S.C. 552a(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
‘‘Executive Veterans Affairs Contact
Management System (Exec VA)—VA’’
(141VA005Q3).
DATES: Comments on this new system of
records must be received no later than
April 15, 2009. If no public comment is
received, the new system will become
effective April 15, 2009.
ADDRESSES: Written comments
concerning the proposed new system of
records may be submitted through
www.Regulations.gov; by mail or hand
delivery to the Director, Regulations
Management (02REG), Department of
Veterans Affairs, 810 Vermont Avenue,
NW., Room 1068, Washington, DC
20420; or by fax to (202) 273–9026; or
e-mail to VAregulations@va.gov. All
comments received will be available for
public inspection in the Office of
Regulation Policy and Management,
Room 1063B, between the hours of
8 a.m. and 4:30 p.m., Monday through
Friday (except holidays). Please call
(202) 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, Customer Relations &
Executive Projects, Office of the
Secretary, 810 Vermont Avenue, NW.,
Washington, DC 20420; (202) 273–4830;
fax 202 273–4877.
SUPPLEMENTARY INFORMATION:
I. Description of the Proposed System of
Records
The Department of Veterans Affairs
(VA) receives and responds to numerous
inquiries concerning benefits
administered by the Department and
other matters regarding veterans. These
inquiries are received from veterans,
their representatives, individuals and
entities doing business with VA via the
telephone. This information is collected
and put into a Web-based
communications system known as
Executive Veterans Affairs Contact
Management System (Exec VA)—VA.
Information requested to process the
inquiries may include the caller’s (and
veteran’s, if applicable) name, address,
phone number, claim number and
Social Security number if provided by
the caller. Callers are not required to
provide personal or contact information;
however, in some instances VA may
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need this information in order to
respond to specific inquiries. The
authority to maintain these records is
title 38, United States Code, section 501.
Exec VA is accessed through a
secured Intranet Web site located on the
VA network. A username and password
are required to log into the system. Once
an authorized user has successfully
logged into the system, information
gleaned from the caller is entered into
a form and assigned to pre-established
groups, of VA employees, representing
VA staff offices, and VA’s three
administrations: Veterans Health
Administration (VHA); Veterans
Benefits Administration (VBA); and
National Cemetery Administration
(NCA). The assigned person(s) receives
an e-mail message notifying them of the
inquiry being assigned to them. The
Assignee then logs into the system and
performs the required action, as dictated
by the details of the issue, and closes
the call.
The details of the call, including the
caller’s and veteran’s personally
identifiable information (PII), are kept in
a database located in Austin, Texas.
This collection of data is used to better
serve our veterans by providing a
searchable history of their claims,
requests, issues and complaints.
II. Proposed Routine Use Disclosures of
Data in the System
We are proposing to establish the
following Routine Use disclosures of
information maintained in the system:
1. VA may disclose information from
the record of an individual to a
congressional office in response to an
inquiry made at the request of that
individual. VA must be able to provide
information about individuals to
adequately respond to inquiries from
Members of Congress at the request of
constituents who have sought their
assistance.
2. VA may disclose information to
individuals, organizations, private or
public agencies, or other entities 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
individual or entity 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
individual or entity to perform an
activity that is necessary for the
individual or entity with whom VA has
a contract or agreement to provide the
service to VA. This routine use, which
also applies to agreements that do not
qualify as contracts defined by Federal
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procurement laws and regulations, is
consistent with OMB guidance in OMB
Circular A–130, App. I, paragraph
5a(1)(b) that agencies promulgate
routine uses to address disclosure of
Privacy Act-protected information to
contractors in order to perform the
services contracts for the agency.
3. VA may disclose information in
this system to the Equal Employment
Opportunity Commission when
requested in connection with
investigations of alleged or possible
discriminatory practices, examination of
Federal affirmative employment
programs, or for other functions of the
Commission as authorized by law or
regulation. VA must be able to provide
information to EEOC to assist it in
fulfilling its duties to protect employees’
rights, as required by statute and
regulation.
4. VA may disclose to the Federal
Labor Relations Authority, including its
General Counsel, information related to
the establishment of jurisdiction, the
investigation and resolution of
allegations of unfair labor practices, or
information in connection with the
resolution of exceptions to arbitration
awards when a question of material fact
is raised, in matters properly before the
Federal Services Impasses Panel, and to
investigate representation petitions and
conduct or supervise representation
elections. VA must be able to provide
information to FLRA to comply with the
statutory mandate under which it
operates.
5. VA may disclose information in
this system to officials of the Merit
Systems Protection Board, or the Office
of the Special Counsel, when requested
in connection with appeals, special
studies of the civil service and other
merit systems, review of rules and
regulations, investigation of alleged or
possible prohibited personnel practices,
and such other functions, promulgated
in 5 U.S.C. 1205 and 1206, or as may be
authorized by law. VA must be able to
provide information to MSPB to comply
with the statutory mandate under which
it operates.
6. VA may disclose information
identified in 5 U.S.C. 7114(b)(4) to
officials of labor organizations
recognized under 5 U.S.C. Chapter 71
when relevant and necessary to their
duties of exclusive representation
concerning personnel policies,
practices, and matters affecting working
conditions. VA must be able to provide
information to unions to assist them in
advancing workers’ interests with
respect to wages, benefits, and working
conditions. The routine use does not
provide any greater access to Privacy
Act protected information under section
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7114(b) then the unions would have to
the information if it was not protected
by the Privacy Act. The routine use
simply removes the Privacy Act as a bar
to the disclosure of the information at
the Agency’s discretion.
7. VA may disclose information from
this system of records to the National
Archives and Records Administration in
records management inspections
conducted under title 44, U.S.C. NARA
is responsible for archiving old records
no longer actively used but which may
be appropriate for preservation, and for
the physical maintenance of the Federal
government’s records. VA must be able
to provide the records to NARA in order
to determine the proper disposition of
such records.
8. 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 must be able to provide on its own
initiative information that pertains to a
violation of laws to law enforcement
authorities in order for them to
investigate and enforce those laws.
Under 38 U.S.C. 5701(a) and (f), VA may
only disclose the names and addresses
of veterans and their dependents to
Federal entities with law enforcement
responsibilities. This is distinct from the
authority to disclose records in response
to a qualifying request from a law
enforcement entity, as authorized by
Privacy Act subsection 5 U.S.C.
552a(b)(7).
9. 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
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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. VA must be
able to provide information to DoJ in
litigation where the United States or any
of its components is involved and has
an interest.
10. 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 disclosure that is required by
the Memorandum from the Office of
Management and Budget (M–07–16),
dated May 22, 2007, of all systems of
records of all federal agencies. Further,
the disclosure allows VA 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 and 5727.
11. VA may disclose information in
this system of records to another Federal
agency; either on VA’s initiative or in
response to a request from another
Federal agency for the information after
VA determines that such information is
relevant to that Federal agency’s
mission. VA must be able to assist other
Federal agencies in carrying out their
operational missions and programs.
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III. Compatibility of the 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 Report of Intent to Publish a New
System of Records Notice and 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: February 24, 2009.
John R. Gingrich,
Chief of Staff, Department of Veterans Affairs.
141VA005Q3
SYSTEM NAME:
Executive Veterans Affairs Contact
Management System (Exec VA)—VA.
SECURITY CLASSIFICATION:
None.
SYSTEM LOCATION:
The primary location of Exec VA
application and database is at the
Corporate Data Center Operations
(CDCO), 1615 Woodward Street, Austin,
Texas 78772. Some copies of electronic
records and paper records may be
available at various Department of
Veterans Affairs (VA) offices where a
matter has been referred for action.
Additionally, copies of records in this
system of records may be stored at
various VA back up sites, including,
Hines, Ill.
CATEGORIES OF INDIVIDUALS COVERED BY THE
SYSTEM:
The category of the individuals
covered by the Exec VA database
encompasses veterans, their
dependents, representatives,
beneficiaries, and others contacting VA
on veterans’ issues.
CATEGORIES OF RECORDS IN THE SYSTEM:
Records are maintained in electronic
and paper form depending on the nature
of the materials received, background
information compiled, and/or response
sent. Each may include the names,
Social Security numbers, mailing
addresses, telephone numbers, and
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other personal identifiers routinely
required to identify a correspondent or
subject. Other record items maintained
may include personal facts about
medical, financial, or memorial benefits
related to the correspondent, veteran,
dependent or beneficiary. Internal VA
records may include (but are not limited
to) VA administrative, financial and
personnel information. Records may
include scanned document, letter, email, fax, Internet document, tracking
sheet, note, and documentation of a
telephone call and/or of a meeting with
an individual.
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:
The Exec VA is a contact management
system designed to track issues from
veterans, others acting on their behalf,
and others seeking information
regarding veterans’ issues. Initial
contact may come from calls placed to
a VA call center, telephone inquiries
received at a VA office, or other medium
including fax, e-mail, or information
received at https://www.va.gov. The Exec
VA system is designed to provide a onestop repository for veterans’ issues.
Upon receipt of an inquiry, pertinent
information is entered into Exec VA.
The system provides access controls
maintaining the integrity and
confidentiality of the contact
management system.
ROUTINE USES OF RECORDS MAINTAINED IN THE
SYSTEM, INCLUDING CATEGORIES OF USERS AND
THE PUROSES OF SUCH USES:
1. VA may disclose information from
the record of an individual to a
congressional office in response to an
inquiry made at the request of that
individual.
2. VA may disclose information to
individuals, organizations, private or
public agencies, or other entities 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
individual or entity with whom VA has
an agreement or contract to perform the
services of the contract or agreement.
3. VA may disclose information in
this system to the Equal Employment
Opportunity Commission when
requested in connection with
investigations of alleged or possible
discriminatory practices, examination of
Federal affirmative employment
programs, or for other functions of the
Commission as authorized by law or
regulation.
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4. VA may disclose to the Federal
Labor Relations Authority, including its
General Counsel, information related to
the establishment of jurisdiction, the
investigation and resolution of
allegations of unfair labor practices, or
information in connection with the
resolution of exceptions to arbitration
awards when a question of material fact
is raised, in matters properly before the
Federal Services Impasses Panel, and to
investigate representation petitions and
conduct or supervise representation
elections.
5. VA may disclose information in
this system to officials of the Merit
Systems Protection Board, or the Office
of the Special Counsel, when requested
in connection with appeals, special
studies of the civil service and other
merit systems, review of rules and
regulations, investigation of alleged or
possible prohibited personnel practices,
and such other functions, promulgated
in 5 U.S.C. 1205 and 1206, or as may be
authorized by law.
6. VA may disclose information
identified in 5 U.S.C. 7114(b)(4) to
officials of labor organizations
recognized under 5 U.S.C. Chapter 71
when relevant and necessary to their
duties of exclusive representation
concerning personnel policies,
practices, and matters affecting working
conditions.
7. VA may disclose information from
this system of records to the National
Archives and Records Administration
(NARA) in records management
inspections conducted under title 44,
U.S.C. NARA is responsible for
archiving old records no longer actively
used but which may be appropriate for
preservation, and for the physical
maintenance of the Federal
government’s records.
8. 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
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11189
implementing the statute, regulation,
rule or order issued pursuant thereto.
9. 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.
10. VA may disclose information in
this system of records to another Federal
agency; either on VA’s initiative or in
response to a request from another
Federal agency for the information after
VA determines that such information is
relevant to that Federal agency’s
mission.
DISCLOSURE TO CONSUMER REPORTING
AGENCIES:
The Exec VA database will not
disclose information to any consumer
reporting agency from this system of
record.
POLICIES AND PRACTICES FOR STORING,
RETRIEVING, ACCESSING, RETAINING, AND
DISPOSING OF RECORDS IN THE SYSTEM:
STORAGE:
Exec VA data is regularly backed up
and stored at the Corporate Data Center
Operations (CDCO). A copy of the
regular backups is securely transported
and stored in a controlled storage
facility at Hines, Illinois.
RETRIEVABILITY:
Records are retrieved by various data
elements and key word searches, among
which are by: Name, Number, Call#,
Priority, Status, Subject, Address, Call
Type, History, Claim#, SSN, Country,
State, VISN, Phone, Date, time, group,
and Call Range.
SAFEGUARDS:
The Exec VA is accessible by
authorized VA personnel only with a
user ID and a password that can be
authenticated. Staff of the CDCO
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performs backups for the Exec VA
Application Server and the Oracle
Database Server, respectively, according
to the following schedule:
• Incremental data backups on a daily
basis; and
• Full data backups on a weekly
basis.
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:
Director, Customer Relations &
Executive Projects, Office of the
Secretary, 810 Vermont Ave., NW.,
Washington, DC 20420; (202) 273–4830.
NOTIFICATION PROCEDURES:
Individuals seeking to determine
whether this System of Records contains
information, about them, should address
written inquiries to the Office of
Secretary (00), 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
Secretary (00), Department of Veterans
Affairs, 810 Vermont Ave., NW.,
Washington, DC 20420.
CONTESTING RECORD PROCEDURE:
(See Record Access Procedure above.)
RECORD SOURCE CATEGORIES:
Individuals who contact VA via the
VA Web site at https://www.va.gov or by
using a VA call center include veterans,
veterans’ family members and/or their
representatives, government employees
(Federal, State and local), realtors and
home buyers, small business owners,
vendors, funeral directors, clinicians,
teachers, researchers, employees of
veterans’ service organizations, member
of the public and all other individuals
and representatives of organizations.
EXEMPTIONS CLAIMED FOR THE SYSTEM:
No exemptions claimed for this
system.
[FR Doc. E9–5599 Filed 3–13–09; 8:45 am]
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DEPARTMENT OF VETERANS
AFFAIRS
Privacy Act of 1974; System of
Records
Department of Veterans Affairs.
Notice of publication of new
system of records.
AGENCY:
ACTION:
SUMMARY: The Privacy Act of 1974 (5
U.S.C. Section 552a) requires that all
agencies publish in the Federal Register
a notice of the existence of and
character of their systems of records.
Notice is hereby given that the
Department of Veterans Affairs (VA) is
adding a new system records entitled
‘‘Inspector General Oversight Data
Extracts—VA,’’ (154VA53C).
DATES: Comments on this new system of
records must be received not later than
April 15, 2009. If no public comment is
received, the amended system will
become effective April 15, 2009.
Written comments may be
submitted through https://
www.Regulations.gov; by mail or handdelivery 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).
FOR FURTHER INFORMATION CONTACT:
Timothy J. McGrath, Attorney Advisor,
Department of Veterans Affairs, Office
of Inspector General (50C), 810 Vermont
Avenue, NW., Washington, DC 20420;
or fax comments to (202) 565–8667; or
e-mail comments to
timothy.mcgrath@va.gov.
ADDRESSES:
SUPPLEMENTARY INFORMATION:
I. Description of the Proposed System of
Records
The ‘‘Inspector General Oversight
Data Extracts—VA’’ system of records is
a collection of data, and extracts of data
utilized by the Department of Veterans
Affairs, Office of Inspector General
(OIG) in performing its statutory
mission under title 5 U.S.C. App. 3.
The OIG’s mission is to detect and
deter fraud, waste, abuse, and
mismanagement of operations in the
Department of Veterans Affairs. The OIG
accomplishes that mission through
PO 00000
Frm 00113
Fmt 4703
Sfmt 4703
various operational means including
criminal investigations, audits,
healthcare inspections, and other
administrative reviews. OIG
components may use various databases
or extracts of those databases in
furtherance of their investigation,
project or review.
The database extracts are provided
from master databases under the
jurisdiction of the Department of
Veterans Affairs, including, but not
limited to, the Veterans Benefits
Administration, Veterans Health
Administration, and the National
Cemetery Administration. Data extracts
may also be from databases provided by
the Department of Defense as well as
other Federal and State agencies. When
an OIG component begins an
investigation, project, or review that
requires the use or analysis of a
particular database, the OIG Data
Analysis Division (53CT) at the
Consolidated Franchise Data Center in
Austin, Texas will prepare an
appropriate extract from a master
database. To the fullest extent possible,
the OIG component will use only the
minimum amount of information
required for the investigation, project or
review. In appropriate cases, the Data
Analysis Division will remove any
personal identifying information before
forwarding the data extract. This policy
is designed as a security measure to
control the type and amount of data
being used and worked on.
These data extracts contain personal
identifiers (e.g., social security numbers
and military service numbers, etc.),
residential and professional contact data
(e.g., address and telephone numbers,
etc.), population demographics (e.g.,
gender and zip codes, etc.), military
service-related data (e.g., branch of
service and service dates, etc.),
financial-related data (e.g., amount of
historic benefit payments, etc.), claims
processing codes and information (e.g.,
disability compensation and pension
award codes, etc.), and other VA and
non-VA Federal information.
The information is retrievable by
name, social security number, military
service number, claim or file number,
non-VA Federal benefit identifiers, and
other personal identifiers.
Consequently, a Privacy Act system of
records must be established in order to
protect this information.
II. Proposed Routine Use of Disclosures
of Data in the System
VA is proposing to establish the
following routine use disclosures of the
information that will be maintained in
the system.
E:\FR\FM\16MRN1.SGM
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[Federal Register Volume 74, Number 49 (Monday, March 16, 2009)]
[Notices]
[Pages 11186-11190]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E9-5599]
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DEPARTMENT OF VETERANS AFFAIRS
Privacy Act of 1974; System of Records
AGENCY: Department of Veterans Affairs (VA).
ACTION: Notice of establishment of a new system of records.
-----------------------------------------------------------------------
[[Page 11187]]
SUMMARY: The Privacy Act of 1974 (5 U.S.C. 552a(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 ``Executive Veterans Affairs Contact Management System
(Exec VA)--VA'' (141VA005Q3).
DATES: Comments on this new system of records must be received no later
than April 15, 2009. If no public comment is received, the new system
will become effective April 15, 2009.
ADDRESSES: Written comments concerning the proposed new system of
records may be submitted through www.Regulations.gov; by mail or hand
delivery to the Director, Regulations Management (02REG), Department of
Veterans Affairs, 810 Vermont Avenue, NW., Room 1068, Washington, DC
20420; or by fax to (202) 273-9026; or e-mail to VAregulations@va.gov.
All comments received will be available for public inspection in the
Office of Regulation Policy and Management, Room 1063B, between the
hours of 8 a.m. and 4:30 p.m., Monday through Friday (except holidays).
Please call (202) 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, Customer Relations &
Executive Projects, Office of the Secretary, 810 Vermont Avenue, NW.,
Washington, DC 20420; (202) 273-4830; fax 202 273-4877.
SUPPLEMENTARY INFORMATION:
I. Description of the Proposed System of Records
The Department of Veterans Affairs (VA) receives and responds to
numerous inquiries concerning benefits administered by the Department
and other matters regarding veterans. These inquiries are received from
veterans, their representatives, individuals and entities doing
business with VA via the telephone. This information is collected and
put into a Web-based communications system known as Executive Veterans
Affairs Contact Management System (Exec VA)--VA.
Information requested to process the inquiries may include the
caller's (and veteran's, if applicable) name, address, phone number,
claim number and Social Security number if provided by the caller.
Callers are not required to provide personal or contact information;
however, in some instances VA may need this information in order to
respond to specific inquiries. The authority to maintain these records
is title 38, United States Code, section 501.
Exec VA is accessed through a secured Intranet Web site located on
the VA network. A username and password are required to log into the
system. Once an authorized user has successfully logged into the
system, information gleaned from the caller is entered into a form and
assigned to pre-established groups, of VA employees, representing VA
staff offices, and VA's three administrations: Veterans Health
Administration (VHA); Veterans Benefits Administration (VBA); and
National Cemetery Administration (NCA). The assigned person(s) receives
an e-mail message notifying them of the inquiry being assigned to them.
The Assignee then logs into the system and performs the required
action, as dictated by the details of the issue, and closes the call.
The details of the call, including the caller's and veteran's
personally identifiable information (PII), are kept in a database
located in Austin, Texas. This collection of data is used to better
serve our veterans by providing a searchable history of their claims,
requests, issues and complaints.
II. Proposed Routine Use Disclosures of Data in the System
We are proposing to establish the following Routine Use disclosures
of information maintained in the system:
1. VA may disclose information from the record of an individual to
a congressional office in response to an inquiry made at the request of
that individual. VA must be able to provide information about
individuals to adequately respond to inquiries from Members of Congress
at the request of constituents who have sought their assistance.
2. VA may disclose information to individuals, organizations,
private or public agencies, or other entities 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 individual or
entity 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 individual or entity to perform an activity that is
necessary for the individual or entity with whom VA has a contract or
agreement to provide the service to VA. This routine use, which also
applies to agreements that do not qualify as contracts defined by
Federal procurement laws and regulations, is consistent with OMB
guidance in OMB Circular A-130, App. I, paragraph 5a(1)(b) that
agencies promulgate routine uses to address disclosure of Privacy Act-
protected information to contractors in order to perform the services
contracts for the agency.
3. VA may disclose information in this system to the Equal
Employment Opportunity Commission when requested in connection with
investigations of alleged or possible discriminatory practices,
examination of Federal affirmative employment programs, or for other
functions of the Commission as authorized by law or regulation. VA must
be able to provide information to EEOC to assist it in fulfilling its
duties to protect employees' rights, as required by statute and
regulation.
4. VA may disclose to the Federal Labor Relations Authority,
including its General Counsel, information related to the establishment
of jurisdiction, the investigation and resolution of allegations of
unfair labor practices, or information in connection with the
resolution of exceptions to arbitration awards when a question of
material fact is raised, in matters properly before the Federal
Services Impasses Panel, and to investigate representation petitions
and conduct or supervise representation elections. VA must be able to
provide information to FLRA to comply with the statutory mandate under
which it operates.
5. VA may disclose information in this system to officials of the
Merit Systems Protection Board, or the Office of the Special Counsel,
when requested in connection with appeals, special studies of the civil
service and other merit systems, review of rules and regulations,
investigation of alleged or possible prohibited personnel practices,
and such other functions, promulgated in 5 U.S.C. 1205 and 1206, or as
may be authorized by law. VA must be able to provide information to
MSPB to comply with the statutory mandate under which it operates.
6. VA may disclose information identified in 5 U.S.C. 7114(b)(4) to
officials of labor organizations recognized under 5 U.S.C. Chapter 71
when relevant and necessary to their duties of exclusive representation
concerning personnel policies, practices, and matters affecting working
conditions. VA must be able to provide information to unions to assist
them in advancing workers' interests with respect to wages, benefits,
and working conditions. The routine use does not provide any greater
access to Privacy Act protected information under section
[[Page 11188]]
7114(b) then the unions would have to the information if it was not
protected by the Privacy Act. The routine use simply removes the
Privacy Act as a bar to the disclosure of the information at the
Agency's discretion.
7. VA may disclose information from this system of records to the
National Archives and Records Administration in records management
inspections conducted under title 44, U.S.C. NARA is responsible for
archiving old records no longer actively used but which may be
appropriate for preservation, and for the physical maintenance of the
Federal government's records. VA must be able to provide the records to
NARA in order to determine the proper disposition of such records.
8. 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 must be able to provide on its own
initiative information that pertains to a violation of laws to law
enforcement authorities in order for them to investigate and enforce
those laws. Under 38 U.S.C. 5701(a) and (f), VA may only disclose the
names and addresses of veterans and their dependents to Federal
entities with law enforcement responsibilities. This is distinct from
the authority to disclose records in response to a qualifying request
from a law enforcement entity, as authorized by Privacy Act subsection
5 U.S.C. 552a(b)(7).
9. 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. VA must be able to provide information to DoJ in litigation
where the United States or any of its components is involved and has an
interest.
10. 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
disclosure that is required by the Memorandum from the Office of
Management and Budget (M-07-16), dated May 22, 2007, of all systems of
records of all federal agencies. Further, the disclosure allows VA 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 and 5727.
11. VA may disclose information in this system of records to
another Federal agency; either on VA's initiative or in response to a
request from another Federal agency for the information after VA
determines that such information is relevant to that Federal agency's
mission. VA must be able to assist other Federal agencies in carrying
out their operational missions and programs.
III. Compatibility of the 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 Report of Intent to Publish a New System of Records Notice and
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: February 24, 2009.
John R. Gingrich,
Chief of Staff, Department of Veterans Affairs.
141VA005Q3
SYSTEM NAME:
Executive Veterans Affairs Contact Management System (Exec VA)--VA.
SECURITY CLASSIFICATION:
None.
SYSTEM LOCATION:
The primary location of Exec VA application and database is at the
Corporate Data Center Operations (CDCO), 1615 Woodward Street, Austin,
Texas 78772. Some copies of electronic records and paper records may be
available at various Department of Veterans Affairs (VA) offices where
a matter has been referred for action. Additionally, copies of records
in this system of records may be stored at various VA back up sites,
including, Hines, Ill.
CATEGORIES OF INDIVIDUALS COVERED BY THE SYSTEM:
The category of the individuals covered by the Exec VA database
encompasses veterans, their dependents, representatives, beneficiaries,
and others contacting VA on veterans' issues.
CATEGORIES OF RECORDS IN THE SYSTEM:
Records are maintained in electronic and paper form depending on
the nature of the materials received, background information compiled,
and/or response sent. Each may include the names, Social Security
numbers, mailing addresses, telephone numbers, and
[[Page 11189]]
other personal identifiers routinely required to identify a
correspondent or subject. Other record items maintained may include
personal facts about medical, financial, or memorial benefits related
to the correspondent, veteran, dependent or beneficiary. Internal VA
records may include (but are not limited to) VA administrative,
financial and personnel information. Records may include scanned
document, letter, e-mail, fax, Internet document, tracking sheet, note,
and documentation of a telephone call and/or of a meeting with an
individual.
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:
The Exec VA is a contact management system designed to track issues
from veterans, others acting on their behalf, and others seeking
information regarding veterans' issues. Initial contact may come from
calls placed to a VA call center, telephone inquiries received at a VA
office, or other medium including fax, e-mail, or information received
at https://www.va.gov. The Exec VA system is designed to provide a one-
stop repository for veterans' issues. Upon receipt of an inquiry,
pertinent information is entered into Exec VA. The system provides
access controls maintaining the integrity and confidentiality of the
contact management system.
ROUTINE USES OF RECORDS MAINTAINED IN THE SYSTEM, INCLUDING CATEGORIES
OF USERS AND THE PUROSES OF SUCH USES:
1. VA may disclose information from the record of an individual to
a congressional office in response to an inquiry made at the request of
that individual.
2. VA may disclose information to individuals, organizations,
private or public agencies, or other entities 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 individual or
entity with whom VA has an agreement or contract to perform the
services of the contract or agreement.
3. VA may disclose information in this system to the Equal
Employment Opportunity Commission when requested in connection with
investigations of alleged or possible discriminatory practices,
examination of Federal affirmative employment programs, or for other
functions of the Commission as authorized by law or regulation.
4. VA may disclose to the Federal Labor Relations Authority,
including its General Counsel, information related to the establishment
of jurisdiction, the investigation and resolution of allegations of
unfair labor practices, or information in connection with the
resolution of exceptions to arbitration awards when a question of
material fact is raised, in matters properly before the Federal
Services Impasses Panel, and to investigate representation petitions
and conduct or supervise representation elections.
5. VA may disclose information in this system to officials of the
Merit Systems Protection Board, or the Office of the Special Counsel,
when requested in connection with appeals, special studies of the civil
service and other merit systems, review of rules and regulations,
investigation of alleged or possible prohibited personnel practices,
and such other functions, promulgated in 5 U.S.C. 1205 and 1206, or as
may be authorized by law.
6. VA may disclose information identified in 5 U.S.C. 7114(b)(4) to
officials of labor organizations recognized under 5 U.S.C. Chapter 71
when relevant and necessary to their duties of exclusive representation
concerning personnel policies, practices, and matters affecting working
conditions.
7. VA may disclose information from this system of records to the
National Archives and Records Administration (NARA) in records
management inspections conducted under title 44, U.S.C. NARA is
responsible for archiving old records no longer actively used but which
may be appropriate for preservation, and for the physical maintenance
of the Federal government's records.
8. 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.
9. 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.
10. VA may disclose information in this system of records to
another Federal agency; either on VA's initiative or in response to a
request from another Federal agency for the information after VA
determines that such information is relevant to that Federal agency's
mission.
DISCLOSURE TO CONSUMER REPORTING AGENCIES:
The Exec VA database will not disclose information to any consumer
reporting agency from this system of record.
POLICIES AND PRACTICES FOR STORING, RETRIEVING, ACCESSING, RETAINING,
AND DISPOSING OF RECORDS IN THE SYSTEM:
STORAGE:
Exec VA data is regularly backed up and stored at the Corporate
Data Center Operations (CDCO). A copy of the regular backups is
securely transported and stored in a controlled storage facility at
Hines, Illinois.
RETRIEVABILITY:
Records are retrieved by various data elements and key word
searches, among which are by: Name, Number, Call, Priority,
Status, Subject, Address, Call Type, History, Claim, SSN,
Country, State, VISN, Phone, Date, time, group, and Call Range.
SAFEGUARDS:
The Exec VA is accessible by authorized VA personnel only with a
user ID and a password that can be authenticated. Staff of the CDCO
[[Page 11190]]
performs backups for the Exec VA Application Server and the Oracle
Database Server, respectively, according to the following schedule:
Incremental data backups on a daily basis; and
Full data backups on a weekly basis.
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:
Director, Customer Relations & Executive Projects, Office of the
Secretary, 810 Vermont Ave., NW., Washington, DC 20420; (202) 273-4830.
NOTIFICATION PROCEDURES:
Individuals seeking to determine whether this System of Records
contains information, about them, should address written inquiries to
the Office of Secretary (00), 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 Secretary (00), Department of Veterans Affairs, 810
Vermont Ave., NW., Washington, DC 20420.
CONTESTING RECORD PROCEDURE:
(See Record Access Procedure above.)
RECORD SOURCE CATEGORIES:
Individuals who contact VA via the VA Web site at https://www.va.gov
or by using a VA call center include veterans, veterans' family members
and/or their representatives, government employees (Federal, State and
local), realtors and home buyers, small business owners, vendors,
funeral directors, clinicians, teachers, researchers, employees of
veterans' service organizations, member of the public and all other
individuals and representatives of organizations.
EXEMPTIONS CLAIMED FOR THE SYSTEM:
No exemptions claimed for this system.
[FR Doc. E9-5599 Filed 3-13-09; 8:45 am]
BILLING CODE 8329-01-P