Privacy Act of 1974; System of Records, 17283-17286 [E9-8448]
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Federal Register / Vol. 74, No. 70 / Tuesday, April 14, 2009 / Notices
and (e) estimates of capital or start-up
costs and costs of operation,
maintenance, and purchase of services
to provide information.
Approved: April 2, 2009.
R. Joseph Durbala,
IRS Reports Clearance Officer.
[FR Doc. E9–8431 Filed 4–13–09; 8:45 am]
BILLING CODE 4830–01–P
DEPARTMENT OF THE TREASURY
Office of Foreign Assets Control
Unblocking of Specially Designated
National Pursuant to the Foreign
Narcotics Kingpin Designation Act
AGENCY: Office of Foreign Assets
Control, Treasury.
ACTION: Notice.
SUMMARY: The Treasury Department’s
Office of Foreign Assets Control
(‘‘OFAC’’) is publishing the name of one
individual whose property and interests
in property have been unblocked
pursuant to the Foreign Narcotics
Kingpin Designation Act (‘‘Kingpin
Act’’) (21 U.S.C. 1901–1908, 8 U.S.C.
1182).
DATES: The unblocking and removal
from the list of Specially Designated
Nationals and Blocked Persons of the
individual identified in this notice
whose property and interests in
property were blocked pursuant to
section 805(b)(3) of the Foreign
Narcotics Kingpin Designation Act
(‘‘Kingpin Act’’), 21 U.S.C. 1904(b)(3), is
effective on April 8, 2009.
FOR FURTHER INFORMATION CONTACT:
Assistant Director, Compliance
Outreach & Implementation, Office of
Foreign Assets Control, Department of
the Treasury, Washington, DC 20220,
tel.: 202/622–2420.
SUPPLEMENTARY INFORMATION:
Electronic and Facsimile Availability
This document and additional
information concerning OFAC are
available from OFAC’s Web site
(https://www.treas.gov/ofac) via
facsimile through a 24-hour fax-on
demand service, tel.: (202) 622–0077.
Background
The Kingpin Act became law on
December 3, 1999. The Act provides a
statutory framework for the President to
impose sanctions against significant
foreign narcotics traffickers and their
organizations on a worldwide basis,
with the objective of denying their
businesses and agents access to the U.S.
financial system and to the benefits of
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trade and transactions involving U.S.
companies and individuals.
The Kingpin Act blocks all property
and interests in property, subject to U.S.
jurisdiction, owned or controlled by
significant foreign narcotics traffickers
as identified by the President. In
addition, the Secretary of the Treasury
consults with the Attorney General, the
Director of the Central Intelligence
Agency, the Director of the Federal
Bureau of Investigation, the
Administrator of the Drug Enforcement
Administration, the Secretary of
Defense, the Secretary of State, and the
Secretary of Homeland Security when
designating and blocking the property of
interests in property, subject to U.S.
jurisdiction, of persons who are found
to be: (1) materially assisting in, or
providing financial or technological
support for or to, or providing goods or
services in support of, the international
narcotics trafficking activities of a
person designated pursuant to the
Kingpin Act; (2) owned, controlled, or
directed by, or acting for or on behalf of,
a person designated pursuant to the
Kingpin Act; or (3) playing a significant
role in international narcotics
trafficking.
On April 8, 2009, the Director of
OFAC removed from the list of
Specially Designated Nationals and
Blocked Persons the individual listed
below, whose property and interests in
property were blocked pursuant to
section 805(b)(3) of the Kingpin Act, 21
U.S.C. 1904(b)(3).
The listing of the unblocked
individual follows:
AGUIRRE RAMOS, Manuel Francisco,
Paseo de los Heroes, Av. 95 B7, Colonia Rio
Tijuana, Tijuana, Baja California, Mexico;
Prol. Puerta de Hierro, Colonia Puerta de
Hierro, Tijuana, Baja California, Mexico; Pda.
Manuel M. Flores 2, Colonia Hipodromo Dos,
Tijuana, Baja California, Mexico; c/o
INMOBILIARIA ESPARTA S.A. DE C.V.,
Tijuana, Baja California, Mexico; c/o
INMOBILIARIA LA PROVINCIA S.A. DE
C.V., Tijuana, Baja California, Mexico; Calle
2A Barrio Juarez 2034–702, Colonia Zona
Central, Tijuana, Baja California, Mexico;
DOB 16 Mar 1969; POB Baja California,
Mexico; C.U.R.P. #AURM690316HBCGMN05
(Mexico); R.F.C. #AURM–690316–97A
(Mexico) (individual) [SDNTK].
Dated: April 8, 2009.
Barbara Hammerle,
Acting Director, Office of Foreign Assets
Control.
[FR Doc. E9–8437 Filed 4–13–09; 8:45 am]
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17283
DEPARTMENT OF VETERANS
AFFAIRS
Privacy Act of 1974; System of
Records
AGENCY:
Department of Veterans Affairs
(VA).
ACTION: Notice of amendment to system
of records.
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 currently entitled
‘‘Call Detail Records—VA’’ (90VA194)
as set forth in the Federal Register 68
FR 12738. VA is amending the system
of records by revising the Routine Uses
of Records Maintained in the System
Including Categories of Users and the
Purpose of Such Uses. VA is
republishing the system notice in its
entirety.
DATES: Comments on the amendment of
this system of records must be received
no later than May 14, 2009. If no public
comment is received, the amended
system will become effective May 14,
2009.
ADDRESSES: Written comments may be
submitted through https://
www.Regulations.gov; by mail or handdelivery to Director, Regulations
Management (02REG), Department of
Veterans Affairs, 810 Vermont Avenue,
NW., Room 1068, Washington, DC
20420; or by fax to (202) 273–9026.
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 (this is not a toll-free
number) for an appointment. In
addition, during the comment period,
comments may be viewed Online
through the Federal Docket Management
System (FDMS) at https://
www.Regulations.gov.
FOR FURTHER INFORMATION CONTACT:
Veterans Health Administration (VHA)
Privacy Officer, Department of Veterans
Affairs, 810 Vermont Avenue, NW.,
Washington, DC 20420; telephone (704)
245–2492.
SUPPLEMENTARY INFORMATION: 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.
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Routine use 14 was added for the VA
to 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.
Routine use 15 was added to disclose
information to other Federal agencies
that may be made to assist such agencies
in preventing and detecting possible
fraud or abuse by individuals in their
operations and programs.
Routine use 16 was added so that the
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.
Routine use 17 was added so that the
VA may disclose on its own initiative
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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.
Approved: March 25, 2009.
John R. Gingrich,
Chief of Staff, Department of Veterans Affairs.
90VA194
SYSTEM NAME:
Call Detail Records—VA.
SYSTEM LOCATION:
Records are maintained at Veterans
Health Administration (VHA) facilities.
Address locations for Department of
Veterans Affairs (VA) facilities are listed
in VA Appendix 1 of the biennial
publication of VA’s systems of records.
CATEGORIES OF INDIVIDUALS COVERED BY THE
SYSTEM:
Individuals who are assigned VHA
telephone numbers or are authorized to
use VHA telephone services, and
individuals who receive or make calls
billed to VHA.
CATEGORIES OF RECORDS IN THE SYSTEM:
Call detail records consist of
information on Federal
Telecommunication System (FTS)
telephone calls placed from VHA
telephones or otherwise billed to VHA
including the originating and
destination telephone numbers; States
and cities called; date and time of call;
duration of each call; cost of call; name
and title of caller; request number;
account code; deactivation code;
authorization code records indicating
the assignment of telephone numbers to
organizations and individuals; and the
organizational location of telephones.
AUTHORITY FOR MAINTENANCE OF THE SYSTEM:
Title 38, United States Code, section
501.
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PURPOSE(S):
The records are used to generate call
detail records; to verify telephone usage;
to allocate costs of telephone services to
individual users; to identify unofficial
telephone calls; and to justify action
when individuals misuse or abuse VA
telephone services.
ROUTINE USES OF RECORDS MAINTAINED IN THE
SYSTEM, INCLUDING CATEGORIES OF USERS AND
THE PURPOSES OF SUCH USES:
To the extent that records contained
in the system include information
protected by 45 CFR parts 160 and 164,
(i.e., individually identifiable health
information, and 38 U.S.C. 7332), (i.e.,
medical treatment information related to
drug abuse, alcoholism or alcohol abuse,
sickle cell anemia or infection with the
human immunodeficiency virus), that
information cannot be disclosed under a
routine use unless there is also specific
statutory authority in 38 U.S.C. 7332
and regulatory authority in 45 CFR parts
160 and 164 permitting disclosure.
1. Disclosure may be made to
individuals to determine their
responsibility for telephone calls.
2. Disclosure may be made to another
Federal agency or a telecommunications
company providing telephone services
to permit maintenance and repair of the
account.
3. Information from this system of
records may be disclosed to a
congressional office from the record of
an individual in response to an inquiry
from the congressional office made on
behalf of that individual.
4. Disclosure may be made to the
National Archives and Records
Administration (NARA) or to the
General Services Administration (GSA)
for records management inspections
under Title 44 of United States Code.
5. Disclosure may be made at VA’s
initiative to the appropriate Federal,
State, or local agency responsible for
investigating, prosecuting, enforcing, or
implementing a statute, rule, regulation,
or order, where the agency becomes
aware of an indication of a violation or
potential violation of civil or criminal
law or regulation.
6. A record from this system of
records may be disclosed to a Federal
agency, in response to its request, in
connection with the hiring or retention
of an employee, the issuance of a
security clearance, the conducting of a
security or suitability investigation of an
individual, the reporting of an
investigation, the letting of a grant or
other benefit, to the extent that the
information is relevant and necessary to
the requesting agency’s decision on the
matter.
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7. Records from this system of records
may be disclosed in a proceeding before
a court, adjudicative body, or other
administrative body when the Agency,
or any Agency component or employee
(in his or her official capacity as a VA
employee), is a party to litigation; when
the Agency determines that litigation is
likely to affect the Agency, any of its
components or employees, or the United
States has an interest in the litigation,
and such records are deemed to be
relevant and necessary to the legal
proceedings; provided that the
disclosure is compatible with the
purpose for which the records were
collected.
8. Disclosure of relevant information
may be made to individuals,
organizations, private or public
agencies, etc., with whom VA has a
contract or agreement to perform such
services as VA may deem practicable for
the purposes of laws administered by
VA, in order for the contractor or
subcontractor to perform the services of
the contract or agreement.
9. Disclosure may be made 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.
10. Disclosure may be made to the
VA-appointed representative of an
employee, including 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-forduty) examination procedures or
Department-filed disability retirement
procedures.
11. Disclosure may be made to
officials of the Merit Systems Protection
Board, including 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.
12. Disclosure may be made 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.
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13. Disclosure may be made to the
Federal Labor Relations Authority,
including its General Counsel, when
requested in connection with
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 and
matters before the Federal Service
Impasses Panel.
14. 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.
15. 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.
16. 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
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17285
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.
17. 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.
DISCLOSURE TO CONSUMER REPORTING
AGENCIES:
Pursuant to 5 U.S.C. 552a(b)(12), VA
may disclose records from this system to
consumer reporting agencies as defined
in the Fair Credit Reporting Act (15
U.S.C. 1681a(f)) or the Federal Claims
Collection Act of 1966 (31 U.S.C.
3701(a)(3)).
POLICIES AND PRACTICES FOR STORING,
RETRIEVING, ACCESSING, RETAINING, AND
DISPOSING OF RECORDS IN THE SYSTEM:
STORAGE:
Records are maintained on electronic
media (hard disk and floppy disks) and
paper.
RETRIEVABILITY:
Records may be retrieved by name,
authorization code, VA organizational
unit, originating telephone number,
destination telephone number, location
code, date, time, cost, and/or duration of
call.
SAFEGUARDS:
1. Access to telecommunication areas
at health care facilities is generally
limited by appropriate locking devices
and restricted to authorized VA
employees and vendor personnel.
Generally, VA telecommunication areas
are locked at all times and the facilities
are protected from outside access by the
Federal Protective Service or other
security personnel.
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Federal Register / Vol. 74, No. 70 / Tuesday, April 14, 2009 / Notices
2. Access to file information or the
user database is controlled by access
codes. The system recognizes
authorized VA employees by
individually unique passwords or
access codes. Contractors accessing the
database remotely use encryption and
access codes.
RETENTION AND DISPOSAL:
Records are maintained and disposed
of in accordance with record disposition
authority approved by the Archivist of
the United States. Destruction of hard
copy (paper) records is by shredding or
burning or some other method that will
macerate the record content. Working
disks are erased as soon as the purpose
for which they have been established
has been served.
SYSTEM MANAGER(S) AND ADDRESS:
Director, Implementation and
Training Services, Communications
Services Office (194D), Office of
Information, State Route 9, Building
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307A, Martinsburg, West Virginia
25401.
NOTIFICATION PROCEDURE:
Individuals wishing to inquire
whether this system of records contains
information about themselves should
contact the designated individual at the
VHA facility where the records are
maintained. Individuals must furnish
the following information for their
records to be located and identified: a.
Full name; b. VA assigned telephone
number or telephone service
authorization number; and c.
Description of information being sought,
including the time frame of information
being sought.
RECORD ACCESS PROCEDURE:
Individuals wishing to request access
to records about themselves should
contact the designated individual at the
VHA facility where the records are
maintained. Individuals must furnish
the following information for their
records to be located and identified: a.
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Full name; b. VA assigned telephone
number or telephone authorization
number, and; c. Description of
information being sought, including the
time frame of information being sought.
Individuals requesting access must also
follow VA’s Privacy Act regulations
regarding verification of identify and
access to records (38 CFR part 1).
CONTESTING RECORD PROCEDURES:
(See Record Access Procedures
above.)
RECORD SOURCE CATEGORIES:
The information in this system of
records is obtained from the following
sources: a. Local VA telephone
directories and other telephone
assignment records; b. call detail
records provided by suppliers of
telephone services; and c. the individual
on whom the record is maintained.
[FR Doc. E9–8448 Filed 4–13–09; 8:45 am]
BILLING CODE 8320–01–P
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]]>Agencies
[Federal Register Volume 74, Number 70 (Tuesday, April 14, 2009)]
[Notices]
[Pages 17283-17286]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E9-8448]
=======================================================================
-----------------------------------------------------------------------
DEPARTMENT OF VETERANS AFFAIRS
Privacy Act of 1974; System of Records
AGENCY: Department of Veterans Affairs (VA).
ACTION: Notice of amendment to system of records.
-----------------------------------------------------------------------
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 currently entitled ``Call Detail
Records--VA'' (90VA194) as set forth in the Federal Register 68 FR
12738. VA is amending the system of records by revising the Routine
Uses of Records Maintained in the System Including Categories of Users
and the Purpose of Such Uses. VA is republishing the system notice in
its entirety.
DATES: Comments on the amendment of this system of records must be
received no later than May 14, 2009. If no public comment is received,
the amended system will become effective May 14, 2009.
ADDRESSES: Written comments may be submitted through https://www.Regulations.gov; by mail or hand-delivery to Director, Regulations
Management (02REG), Department of Veterans Affairs, 810 Vermont Avenue,
NW., Room 1068, Washington, DC 20420; or by fax to (202) 273-9026.
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 (this is not a toll-free number) for an
appointment. In addition, during the comment period, comments may be
viewed Online through the Federal Docket Management System (FDMS) at
https://www.Regulations.gov.
FOR FURTHER INFORMATION CONTACT: Veterans Health Administration (VHA)
Privacy Officer, Department of Veterans Affairs, 810 Vermont Avenue,
NW., Washington, DC 20420; telephone (704) 245-2492.
SUPPLEMENTARY INFORMATION: 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.
[[Page 17284]]
Routine use 14 was added for the VA to 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.
Routine use 15 was added to disclose information to other Federal
agencies that may be made to assist such agencies in preventing and
detecting possible fraud or abuse by individuals in their operations
and programs.
Routine use 16 was added so that the 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.
Routine use 17 was added so that the 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.
Approved: March 25, 2009.
John R. Gingrich,
Chief of Staff, Department of Veterans Affairs.
90VA194
SYSTEM NAME:
Call Detail Records--VA.
SYSTEM LOCATION:
Records are maintained at Veterans Health Administration (VHA)
facilities. Address locations for Department of Veterans Affairs (VA)
facilities are listed in VA Appendix 1 of the biennial publication of
VA's systems of records.
CATEGORIES OF INDIVIDUALS COVERED BY THE SYSTEM:
Individuals who are assigned VHA telephone numbers or are
authorized to use VHA telephone services, and individuals who receive
or make calls billed to VHA.
Categories of records in the system:
Call detail records consist of information on Federal
Telecommunication System (FTS) telephone calls placed from VHA
telephones or otherwise billed to VHA including the originating and
destination telephone numbers; States and cities called; date and time
of call; duration of each call; cost of call; name and title of caller;
request number; account code; deactivation code; authorization code
records indicating the assignment of telephone numbers to organizations
and individuals; and the organizational location of telephones.
Authority for maintenance of the system:
Title 38, United States Code, section 501.
PURPOSE(S):
The records are used to generate call detail records; to verify
telephone usage; to allocate costs of telephone services to individual
users; to identify unofficial telephone calls; and to justify action
when individuals misuse or abuse VA telephone services.
Routine uses of records maintained in the system, including categories
of users and the purposes of such uses:
To the extent that records contained in the system include
information protected by 45 CFR parts 160 and 164, (i.e., individually
identifiable health information, and 38 U.S.C. 7332), (i.e., medical
treatment information related to drug abuse, alcoholism or alcohol
abuse, sickle cell anemia or infection with the human immunodeficiency
virus), that information cannot be disclosed under a routine use unless
there is also specific statutory authority in 38 U.S.C. 7332 and
regulatory authority in 45 CFR parts 160 and 164 permitting disclosure.
1. Disclosure may be made to individuals to determine their
responsibility for telephone calls.
2. Disclosure may be made to another Federal agency or a
telecommunications company providing telephone services to permit
maintenance and repair of the account.
3. Information from this system of records may be disclosed to a
congressional office from the record of an individual in response to an
inquiry from the congressional office made on behalf of that
individual.
4. Disclosure may be made to the National Archives and Records
Administration (NARA) or to the General Services Administration (GSA)
for records management inspections under Title 44 of United States
Code.
5. Disclosure may be made at VA's initiative to the appropriate
Federal, State, or local agency responsible for investigating,
prosecuting, enforcing, or implementing a statute, rule, regulation, or
order, where the agency becomes aware of an indication of a violation
or potential violation of civil or criminal law or regulation.
6. A record from this system of records may be disclosed to a
Federal agency, in response to its request, in connection with the
hiring or retention of an employee, the issuance of a security
clearance, the conducting of a security or suitability investigation of
an individual, the reporting of an investigation, the letting of a
grant or other benefit, to the extent that the information is relevant
and necessary to the requesting agency's decision on the matter.
[[Page 17285]]
7. Records from this system of records may be disclosed in a
proceeding before a court, adjudicative body, or other administrative
body when the Agency, or any Agency component or employee (in his or
her official capacity as a VA employee), is a party to litigation; when
the Agency determines that litigation is likely to affect the Agency,
any of its components or employees, or the United States has an
interest in the litigation, and such records are deemed to be relevant
and necessary to the legal proceedings; provided that the disclosure is
compatible with the purpose for which the records were collected.
8. Disclosure of relevant information may be made to individuals,
organizations, private or public agencies, etc., with whom VA has a
contract or agreement to perform such services as VA may deem
practicable for the purposes of laws administered by VA, in order for
the contractor or subcontractor to perform the services of the contract
or agreement.
9. Disclosure may be made 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.
10. Disclosure may be made to the VA-appointed representative of an
employee, including 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.
11. Disclosure may be made to officials of the Merit Systems
Protection Board, including 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.
12. Disclosure may be made 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.
13. Disclosure may be made to the Federal Labor Relations
Authority, including its General Counsel, when requested in connection
with 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 and
matters before the Federal Service Impasses Panel.
14. 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.
15. 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.
16. 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.
17. 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.
Disclosure to consumer reporting agencies:
Pursuant to 5 U.S.C. 552a(b)(12), VA may disclose records from this
system to consumer reporting agencies as defined in the Fair Credit
Reporting Act (15 U.S.C. 1681a(f)) or the Federal Claims Collection Act
of 1966 (31 U.S.C. 3701(a)(3)).
Policies and practices for storing, retrieving, accessing, retaining,
and disposing of records in the system:
Storage:
Records are maintained on electronic media (hard disk and floppy
disks) and paper.
Retrievability:
Records may be retrieved by name, authorization code, VA
organizational unit, originating telephone number, destination
telephone number, location code, date, time, cost, and/or duration of
call.
Safeguards:
1. Access to telecommunication areas at health care facilities is
generally limited by appropriate locking devices and restricted to
authorized VA employees and vendor personnel. Generally, VA
telecommunication areas are locked at all times and the facilities are
protected from outside access by the Federal Protective Service or
other security personnel.
[[Page 17286]]
2. Access to file information or the user database is controlled by
access codes. The system recognizes authorized VA employees by
individually unique passwords or access codes. Contractors accessing
the database remotely use encryption and access codes.
Retention and disposal:
Records are maintained and disposed of in accordance with record
disposition authority approved by the Archivist of the United States.
Destruction of hard copy (paper) records is by shredding or burning or
some other method that will macerate the record content. Working disks
are erased as soon as the purpose for which they have been established
has been served.
System manager(S) and address:
Director, Implementation and Training Services, Communications
Services Office (194D), Office of Information, State Route 9, Building
307A, Martinsburg, West Virginia 25401.
Notification procedure:
Individuals wishing to inquire whether this system of records
contains information about themselves should contact the designated
individual at the VHA facility where the records are maintained.
Individuals must furnish the following information for their records to
be located and identified: a. Full name; b. VA assigned telephone
number or telephone service authorization number; and c. Description of
information being sought, including the time frame of information being
sought.
Record access procedure:
Individuals wishing to request access to records about themselves
should contact the designated individual at the VHA facility where the
records are maintained. Individuals must furnish the following
information for their records to be located and identified: a. Full
name; b. VA assigned telephone number or telephone authorization
number, and; c. Description of information being sought, including the
time frame of information being sought. Individuals requesting access
must also follow VA's Privacy Act regulations regarding verification of
identify and access to records (38 CFR part 1).
Contesting record procedures:
(See Record Access Procedures above.)
Record source categories:
The information in this system of records is obtained from the
following sources: a. Local VA telephone directories and other
telephone assignment records; b. call detail records provided by
suppliers of telephone services; and c. the individual on whom the
record is maintained.
[FR Doc. E9-8448 Filed 4-13-09; 8:45 am]
BILLING CODE 8320-01-P
