Privacy Act of 1974; System of Records, 7651-7656 [2010-3298]

Download as PDF Federal Register / Vol. 75, No. 34 / Monday, February 22, 2010 / Notices Executive Office Building, Washington, DC 20503. Celina Elphage, Treasury PRA Clearance Officer. [FR Doc. 2010–3308 Filed 2–19–10; 8:45 am] BILLING CODE 4810–39–P DEPARTMENT OF THE TREASURY Office of the Comptroller of the Currency Agency Information Collection Activities: Submission for OMB Review; Comment Request Office of the Comptroller of the Currency (OCC), Treasury. ACTION: Notice and request for comment. cprice-sewell on DSK2BSOYB1PROD with NOTICES AGENCY: SUMMARY: The OCC, as part of its continuing effort to reduce paperwork and respondent burden, invites the general public and other Federal agencies to take this opportunity to comment on a continuing information collection, as required by the Paperwork Reduction Act of 1995. An agency may not conduct or sponsor, and a respondent is not required to respond to, an information collection unless it displays a currently valid Office of Management and Budget (OMB) control number. Currently, the OCC is soliciting comment concerning its renewal of an information collection titled, ‘‘Municipal Securities Dealers and Government Securities Brokers and Dealers Registration and Withdrawal.’’ The OCC also is giving notice that it has sent the collection to OMB for review. DATES: You should submit written comments by March 24, 2010. ADDRESSES: Communications Division, Office of the Comptroller of the Currency, Mailstop 2–3, Attention: 1557–0184, 250 E Street, SW., Washington, DC 20219. In addition, comments may be sent by fax to (202) 874–5274, or by electronic mail to regs.comments@occ.treas.gov. You can inspect and photocopy comments at the OCC, 250 E Street, SW., Washington, DC 20219. For security reasons, the OCC requires that visitors make an appointment to inspect comments. You may do so by calling (202) 874–4700. Upon arrival, visitors will be required to present valid government-issued photo identification and to submit to security screening in order to inspect and photocopy comments. Additionally, you should send a copy of your comments to OCC Desk Officer, 1557–0184, by mail to U.S. Office of Management and Budget, 725 17th Street, NW., #10235, Washington, DC 20503, or by fax to (202) 395–6974. VerDate Nov<24>2008 15:26 Feb 19, 2010 Jkt 220001 FOR FURTHER INFORMATION CONTACT: You can request additional information from or a copy of the collection from Mary H. Gottlieb, Clearance Officer, (202) 874– 5090, Legislative and Regulatory Activities Division (1557–0184), Office of the Comptroller of the Currency, 250 E Street, SW., Washington, DC 20219. SUPPLEMENTARY INFORMATION: The OCC is proposing to extend OMB approval of the following information collection: Title: Municipal Securities Dealers and Government Securities Brokers and Dealers Registration and Withdrawal. OMB Control No.: 1557–0184. Form Numbers: MSD, MSDW, MSD– 4, MSD–5, G–FIN, G–FINW. Abstract: This information collection is required to satisfy the requirements of the Securities Act Amendments of 1975 1 and the Government Securities Act of 1986,2 which require that any national bank that acts as a government securities broker/dealer or a municipal securities dealer notify the OCC of its broker/dealer activities. The OCC uses this information to determine which national banks are government and municipal securities broker/dealers and to monitor entry into and exit from government and municipal securities broker/dealer activities by institutions and registered persons. The OCC also uses the information in planning bank examinations. Type of Review: Extension without change of a currently approved collection. Affected Public: Businesses or other for-profit; individuals. Estimated Number of Respondents: 26. Estimated Total Annual Responses: 920. Frequency of Response: On occasion. Estimated Total Annual Burden: 867 hours. The OCC issued a 60-day Federal Register notice on November 30, 2009. 74 FR 62634. No comments were received. Comments continue to be invited on: (a) Whether the collection of information is necessary for the proper performance of the functions of the OCC, including whether the information has practical utility; (b) The accuracy of the OCC’s estimate of the information collection burden; (c) Ways to enhance the quality, utility, and clarity of the information to be collected; (d) Ways to minimize the burden of the collection on respondents, including through the use of automated collection 1 15 2 15 PO 00000 U.S.C. 78a–80b–17. U.S.C. 78o–5. Frm 00091 Fmt 4703 Sfmt 4703 7651 techniques or other forms of information technology; and (e) Estimates of capital or start-up costs and costs of operation, maintenance, and purchase of services to provide information. Dated: February 16, 2010. Michele Meyer, Assistant Director, Legislative & Regulatory Activities Division, Office of the Comptroller of the Currency. [FR Doc. 2010–3375 Filed 2–19–10; 8:45 am] BILLING CODE 4810–33–P DEPARTMENT OF VETERANS AFFAIRS Privacy Act of 1974; System of Records AGENCY: Department of Veterans Affairs (VA). ACTION: Notice of establishment of new system of records. SUMMARY: The Privacy Act of 1974 (5 United States Code 552(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 is establishing a new system of records entitled ‘‘Veterans Health Administration Leadership and Workforce Development—VA’’ (161VA10A2). DATES: Comments on this new system of records must be received no later than March 24, 2010. If no public comment is received, the new system will become effective March 24, 2010. 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: Diana Rogers, Department of Veterans Affairs, Veterans Health Administration High Performance Development Model E:\FR\FM\22FEN1.SGM 22FEN1 7652 Federal Register / Vol. 75, No. 34 / Monday, February 22, 2010 / Notices (HPDM) Program Office, 55 North Robinson Avenue, Oklahoma City, Oklahoma 73102; telephone (405) 552– 4336. SUPPLEMENTARY INFORMATION: cprice-sewell on DSK2BSOYB1PROD with NOTICES I. Description of Proposed Systems of Records Veterans Health Administration Leadership and Workforce Development (VHALWD) is a data repository that stores data gathered from the Canteen Service, Veterans Health Administration Central Office, Veterans Integrated Service Networks and facility coordinators. II. Proposed Routine Use Disclosures of Data in the System To the extent that records contained in the system include information protected by 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 permitting disclosure. We are proposing to establish the following Routine Use disclosures of information maintained in the system: 1. The record of an individual who is covered by a system of records may be disclosed to a Member of Congress, or a staff person acting for the Member, when the Member or staff person requests the record on behalf of and at the written request of the individual. 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. Disclosure may be made to the National Archives and Records Administration (NARA) and the General Services Administration (GSA) in records management inspections conducted under authority of Title 44, Chapter 29, of the United States Code (U.S.C.). NARA and GSA are responsible for management of 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 and GSA in order to determine the proper disposition of such records. 3. VA may disclose information from this system of records to the Department of Justice (DoJ), either on VA’s initiative or in response to DoJ’s request for the information, after either VA or DoJ determines that such information is VerDate Nov<24>2008 15:26 Feb 19, 2010 Jkt 220001 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 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. VA must be able to provide information to DoJ in litigation where the United States or any of its components is involved or has an interest. A determination would be made in each instance that under the circumstances involved, the purpose is compatible with the purpose for which VA collected the information. This routine use is distinct from the authority to disclose records in response to a court order under subsection (b)(11) of the Privacy Act, 5 U.S.C. 552(b)(11), or any other provision of subsection (b), in accordance with the court’s analysis in Doe v. DiGenova, 779 F.2d 74, 78–84 (DC Cir. 1985) and Doe v. Stephens, 851 F.2d 1457, 1465–67 (DC Cir. 1988). 4. Disclosure of relevant information may be made to individuals, organizations, private or public agencies, or other entities with whom VA has a contract or agreement or where there is a subcontract to perform such services as VA may deem practicable for the purposes of laws administered by VA, in order for the contractor or subcontractor to perform the services of the contract or agreement. 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. 5. VA may disclose on its own initiative any information in the system, except the names and home addresses of veterans and their dependents, that is relevant to a suspected or reasonably imminent violation of the law whether civil, criminal, or regulatory in nature and whether arising by general or program statute or by regulation, rule, or order issued pursuant thereto, to a PO 00000 Frm 00092 Fmt 4703 Sfmt 4703 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. 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). 6. Disclosure to other Federal agencies may be made to assist such agencies in preventing and detecting possible fraud or abuse by individuals in their operations and programs. This routine use permits disclosures by the Department to report a suspected incident of identity theft and provide information or documentation related to or in support of the reported incident. 7. VA may, on its own initiative, disclose any information or records to appropriate agencies, entities, and persons when (1) VA suspects or has confirmed that the integrity or confidentiality of information in the system of records has been compromised; (2) the Department has determined that as a result of the suspected or confirmed compromise, there is a risk of embarrassment or harm to the reputations of the record subjects, harm to economic or property interests, identity theft or fraud, or harm to the security, confidentiality, or integrity of this system or other systems or programs (whether maintained by the Department or another agency or entity) that rely upon the potentially compromised information; and (3) the disclosure is to agencies, entities, or persons whom VA determines are reasonably necessary to assist or carry out the Department’s efforts to respond to the suspected or confirmed compromise and prevent, minimize, or remedy such harm. This routine use permits disclosures by the Department to respond to a suspected or confirmed E:\FR\FM\22FEN1.SGM 22FEN1 Federal Register / Vol. 75, No. 34 / Monday, February 22, 2010 / Notices 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. III. Compatibility of the Proposed Routine Uses The Privacy Act permits VA to disclose information about individuals without their consent for a routine use when the information will be used for a purpose that is compatible with the purpose for which we collected the information. In all of the routine use disclosures described above, the recipient of the information will use the information in connection with a matter relating to one of VA’s programs, will use the information to provide a benefit to VA, or disclosure is required by law. The notice of intent to publish 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: January 26, 2010. John R. Gingrich, Chief of Staff, Department of Veterans Affairs. 161VA10A2 SYSTEM NAME: Veterans Health Administration Leadership and Workforce Development—VA. SYSTEM LOCATION: Records are maintained at the North Little Rock Campus, 2200 Fort Roots Drive, Little Rock, Arkansas 72114. CATEGORIES OF INDIVIDUALS COVERED BY THE SYSTEM: The records include information from and concerning Veterans Affairs Central Office, Veterans Health Administration, Veterans Health Administration Canteen, Veterans Health Administration Central Office, Veterans Benefits Administration and National Cemetery Administration personnel. cprice-sewell on DSK2BSOYB1PROD with NOTICES CATEGORIES OF RECORDS IN THE SYSTEM: The records may include information related to: people, work groups, workforce, funding, leadership classes, personal development plans, supervisory levels, mentor and coach roles and certifications, High Performance Development Model, senior executive information and recruitment, human resources automation, positions, organizations, and locations of Veterans Health Administration top management VerDate Nov<24>2008 15:26 Feb 19, 2010 Jkt 220001 positions. Central Office and Veterans Integrated Systems Network managers and staff, facility directors, associate directors, chiefs of staff, and other senior clinical and administrative field managers’ positions are included. The Veterans Health Administration Executive Management Program consists of the functions that fall under the purview of the Veterans Health Administration Executive Resources Board and the Veterans Health Administration Performance Review Board. Their functions include executive development, recruitment and placement; organizational analysis; succession planning; and performance assessment and recognition. The method used to collect this information is a proprietary system using relational technology. Information from this database is joined and expanded with information from the Veterans Health Administration executive program processes i.e., organization, vacancies, recruitment efforts, performance, etc. This combination of information is used in the administration of the Executive Resources Board and Performance Review Board functions. The sharing and development of information involving executives and organizations provides an effective means for accomplishing the Executive Resources Board and Performance Review Board objectives. The following modules are in Veterans Health Administration Leadership and Workforce Development: Veterans Health Administration Leadership and Workforce Development Home, Performance, Workgroups, Veterans Affairs National Database for Interns, Student Educational Experience Program, High Performance Development Model Funding, Executive Career Field Career Development Plan On-Line Application, Technical Career Field Preceptor On-Line Application, Career Development Plans, Workforce Planning, Class and Program Management (includes: Graduate Healthcare Administration Training Program, School at Work, Leadership Effectiveness Accountability Development, Technical Career Field, Executive Career Field Candidate Development Program, Senior Executive Service Candidate Development programs, Ethics, Professional Development Plans, Supervisory Training, Open Season (Veterans Health Administration Executive Recruitment), WebHR (Web-based Human Resource module), and Mentor Coach Certification). Veterans Health PO 00000 Frm 00093 Fmt 4703 Sfmt 4703 7653 Administration Leadership and Workforce Development data contains: 1. Employee data. • Employee legal name • Social security number • Veteran’s preference • Vietnam Era veteran • Retirement plan • Tenure • Universal personal identification number • Universal user name • Sex • Supervisory status • Supervisory training status • Work contact information • Facility • Network Identification • Home contact information • Home of record contact information • Assigned facility/organization • Pay plan • Pay grade • Step • Retirement eligibility • Union membership • Leave balances • Program • Credentials • Grievance • Disciplinary actions • Third-party and other employee actions 2. Employee position data. • Veterans Health Administration Leadership and Workforce Development position titles • High Performance Development Management ratings • Position requestor contact data • Legal authority • Competitive Level • Fair Labor Standards Act category • Drug testing position indicator • Citizenship/Residency status • English language proficiency • Announcement status • Vacancy status • Date job opened • Days to open • Days to issue certificate • Date job closed • Job type/Occupation series/Grade • Pay plan • Work schedule • Appropriation code • Cost center • Date candidates referred • Date nomination received • Date to Executive Resources Board • Date credentials complete • Date recruitment received • Position start and end dates • Appointment start and end dates • Position location Æ Location complexity rating • Position reporting official • Position status Æ Supervisory E:\FR\FM\22FEN1.SGM 22FEN1 7654 • • • • • • • • • • • • • • • • • • • • • • • • • • • cprice-sewell on DSK2BSOYB1PROD with NOTICES • • • • • • • • • • • • • • Federal Register / Vol. 75, No. 34 / Monday, February 22, 2010 / Notices Æ Bargaining unit Æ Senior executive pay band Level of supervisory responsibility Date of offer Position status change Reason for change Position authorization data Announcement tracking data (location and dates of actions) Area of consideration Number of applicants (internal, external, not qualified) Number interviewed Applicant outcome and notification Selecting official Re-announcement Position cancelations Date fingerprinted Background check data Physician Comp Panel and Standards Board data 3. Bonus data. Executive/Senior Executive Service Æ Pay band and band max pay Æ Proposed pay adjustment Æ Proposed rating Æ Approved rating Æ Approved bonus pay Æ Actual pay Æ Rank award Type Previous year nomination and award amount Current year nomination Æ Bonus pool total Æ Local bonus funding amount Æ Form Uploads Appraisal High level reviews Comments Bonus justification Rank award nominations Non-Executive (each Fiscal Year) Æ Rating Æ Award amount Æ Pay adjustment (Yes/No) 4. Workgroups & Organizations. Just under 100 codes—not job occupation series codes—code developed for the All Employee Survey Agency selection Æ Veterans Affairs Æ Veterans Health Administration Æ National Cemetery Agency networks Agency organizations Formal and informal name Organization type Network Physical location Duty Code Complexity Level Station number Workgroup supervisory designations Workgroup coordinator assignment Workgroup coordinator contact info 5. Development Plans. Uploaded text document VerDate Nov<24>2008 15:26 Feb 19, 2010 Jkt 220001 Æ Document filled from template Æ Free text employee documentation 6. Funding. • Program funding • Program funds available • Reimbursement type • Appropriation code • Fiscal contact name and phone • Amount per employee • Fund control point • Requested average salary • Approved funds • Withdrawn funds • Date funding sent • Approval funding comments • Approved Full Time Equivalents dollars • Cost center 7. Career Programs. • Program Eligibility criteria • Program waiver • Program employee applied • Class title • Program/Class year • School name and state • Major • Anticipated graduation date • Application status • Employment history • Education history • Competency data (application questions and answers) • Applicant endorsers • Class administrator assignments • Employee list per class • Program completion status • Requested number of student hires • Requested funding for student salary • Student work schedule • Number Full Time Equivalents requested 8. Workforce Planning—Annual Corporate Office & Veterans Integrated Service Networks. • Planning team members • Strategic direction • Historical analysis Æ Employee reason to leave Æ Equal employment opportunity category of employee • Projected workforce-rational and issues • Recruitment & Retention programs used • Leadership programs/activities and participation • Workplace morale assessment • Work plan comments 9. Mentor Information. • Mentor status • Core training Æ Courses Æ Date and location Æ Training instructors Æ Training history • Certification level • Practical experience hours and event 10. Perseus Survey Software. • Employee legal name PO 00000 Frm 00094 Fmt 4703 Sfmt 4703 • • • • • • • • • Last 4 social security number Veterans Integrated Service Networks Facility/Office Work Setting (Section/Division/ Campus/Product Line/Service/ Department) Occupation Identification of supervisory chain of command Identification of peer and subordinate relationships Demographic information Æ Gender Æ Age Æ Race/National Origin Æ Tenure Æ Grade Level Data Input in Response to survey questions (questionnaires which cover the following types of topics as an example) Æ Assessment Inventories, such as 360 Assessments, WES/MBI Instruments Æ Customer Satisfaction surveys/ evaluations (High Performance Development Model, Health Care Retention and Recruitment Office, National Center for Organizational Development, Delegated Examining Units, Workforce Management and Consulting Office) Æ Organizational assessment instruments such as Civility, Respect and Engagement in the Workplace Evaluation, Veterans Administration Nursing Outcomes Database Registered Nursing survey, Education Inventories, Center for Faith Based and Community Initiatives Communications survey, Aggressive Behavior Prevention Survey, Integrated Ethics Workbook, Methicillin Resistant Staphylococcus Aureus, Office of Personal Management All Employee Survey, Exit/Entrance Surveys, Organizational Climate Assessment Program surveys, surveys for specific facilities/offices Æ Program Assessments/Proficiency surveys such as Technical Career Field Return on Investment survey, Supervisory Training Pre/Post Test surveys, Human Resource Proficiency Tracking survey Æ Professional Assessment surveys such as Executive Career Field Candidate/Mentor questionnaires, Acting Director/Senior Executive Service applicant assessments AUTHORITY FOR MAINTENANCE OF THE SYSTEM: Title 38, United States Code, section 501a. PURPOSE(S): The records and information may be used for the management of Veterans E:\FR\FM\22FEN1.SGM 22FEN1 Federal Register / Vol. 75, No. 34 / Monday, February 22, 2010 / Notices Health Administration executive and senior executive employees and employees in national programs for performance appraisal and bonus award entries, bonus and appraisal documentation storage, Rank Award and type given, supervisory training status and employee position management. Reports for workforce succession planning and analysis, Veterans Health Administration supervisory training status and course grade, bonus award dollar amounts per executive and non-executive employee used by Performance Review Boards. Human resource position creation, and fill actions, employee action and assignment tracking data is collected for business processing and analysis. Workgroups are developed for survey use and data collection. Data that is entered and stored can be extracted from the database and used for other applications. cprice-sewell on DSK2BSOYB1PROD with NOTICES 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 Code of Federal Regulations. Parts 160 and 164, such as individually identifiable health information, and 38 United States Code 7332, such as 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 United States Code 7332 and regulatory authority in 45 Code of Federal Regulations Parts 160 and 164 permitting disclosure. 1. The record of an individual who is covered by a system of records may be disclosed to a Member of Congress, or a staff person acting for the Member, when the Member or staff person requests the record on behalf of and at the written request of the individual. 2. Disclosure may be made to the National Archives and Records Administration (NARA) and the General Services Administration (GSA) in records management inspections conducted under authority of Title 44, Chapter 29, of the United States Code (U.S.C.). 3. VA may disclose information from this system of records to the Department of Justice (DoJ), either on VA’s initiative or in response to DoJ’s request for the information, after either VA or DoJ determines that such information is relevant to DoJ’s representation of the United States or any of its components in legal proceedings before a court or VerDate Nov<24>2008 15:26 Feb 19, 2010 Jkt 220001 adjudicative body, provided that, in each case, the agency also determines prior to disclosure that release of the records to DoJ is a use of the information contained in the records that is compatible with the purpose for which VA collected the records. VA, on its own initiative, may disclose records in this system of records in legal proceedings before a court or administrative body after determining that the disclosure of the records to the court or administrative body is a use of the information contained in the records that is compatible with the purpose for which VA collected the records. 4. Disclosure of relevant information may be made to individuals, organizations, private or public agencies, or other entities with whom VA has a contract or agreement or where there is a subcontract to perform such services as VA may deem practicable for the purposes of laws administered by VA, in order for the contractor or subcontractor to perform the services of the contract or agreement. 5. VA may disclose on its own initiative any information in the system, except the names and home addresses of veterans and their dependents, that is relevant to a suspected or reasonably imminent violation of the law whether civil, criminal, or regulatory in nature and whether arising by general or program statute or by regulation, rule, or order issued pursuant thereto, to a Federal, state, local, tribal, or foreign agency charged with the responsibility of investigating or prosecuting such violation, or charged with enforcing or implementing the statute, regulation, rule, or order. VA may also disclose on its own initiative the names and addresses of veterans and their dependents to a Federal agency charged with the responsibility of investigating or prosecuting civil, criminal, or regulatory violations of law, or charged with enforcing or implementing the statute, regulation, or order issued pursuant thereto. 6. Disclosure to other Federal agencies may be made to assist such agencies in preventing and detecting possible fraud or abuse by individuals in their operations and programs. 7. VA may, on its own initiative, disclose any information or records to appropriate agencies, entities, and persons when (1) VA suspects or has confirmed that the integrity or confidentiality of information in the system of records has been compromised; (2) the Department has determined that as a result of the suspected or confirmed compromise, there is a risk of embarrassment or harm to the reputations of the record subjects, PO 00000 Frm 00095 Fmt 4703 Sfmt 4703 7655 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. POLICIES AND PRACTICES FOR STORING, RETRIEVING, ACCESSING, RETAINING, AND DISPOSING OF RECORDS IN THE SYSTEM: STORAGE: Records are maintained on the HPDM1 Server and backup server in Little Rock, Arkansas. RETRIEVABILITY: Records are retrieved by name, social security number, position number or other assigned identifiers of the individuals on whom they are maintained. SAFEGUARDS: 1. Access to Veterans Affairs working and storage areas is restricted to Veterans Affairs employees on a ‘‘needto-know’’ basis; strict control measures are enforced to ensure that disclosure to these individuals is also based on this same principle. Generally, Veterans Affairs file areas are locked after normal duty hours and the facilities are protected from outside access by the Federal Protective Service or other security personnel. 2. Access to computer rooms at health care facilities is generally limited by appropriate locking devices and restricted to authorized Veterans Affairs employees and vendor personnel. Automatic Data Processing peripheral devices are placed in secure areas. Access to information stored on automated storage media at other Veterans Affairs locations is controlled by individually unique passwords/ codes. Employees are limited to only that information in the file which is needed in the performance of their official duties. 3. Access to the Little Rock Campus Servers is restricted to Center employees, Federal Protective Service E:\FR\FM\22FEN1.SGM 22FEN1 7656 Federal Register / Vol. 75, No. 34 / Monday, February 22, 2010 / Notices and other security personnel. Access to computer rooms is restricted to authorized operational personnel through electronic scanning and locking devices. All other persons gaining access to computer rooms are escorted after identity verification and log entry to track person, date, time in, and time out of the room. Information stored in the computer may be accessed by authorized Veterans Affairs employees at remote locations including Veterans Affairs health care facilities, Information Systems Centers, Veterans Affairs Central Office, and Veteran Integrated Service Networks. Access is controlled by secure individually unique system authentication. RETENTION AND DISPOSAL: cprice-sewell on DSK2BSOYB1PROD with NOTICES Paper records and information maintained and disposed of in accordance with records disposition authority approved by the Archivist of the United States. VerDate Nov<24>2008 15:26 Feb 19, 2010 Jkt 220001 SYSTEM MANAGER(S) AND ADDRESS: RECORD ACCESS PROCEDURE: Official responsible for policies and procedures; Office of Workforce Management & Consulting Office (10A2), Department of Veterans Affairs, 810 Vermont Avenue, NW., Washington, DC 20420. Officials maintaining the system; Diana Rogers of the High Performance Development Model National Program Office located at 55 North Robinson Avenue, Suite 1033, Oklahoma City, OK 73102. Individuals seeking information regarding access to and contesting of records in this system may write, call or visit the Veterans Affairs facility location where they are or were employed or made contact. NOTIFICATION PROCEDURE: Individuals who wish to determine whether this system of records contains information about them should contact the Veterans Affairs facility location at which they are or were employed. Inquiries should include the person’s full name, social security number, dates of employment, date(s) of contact, and return address. PO 00000 Frm 00096 Fmt 4703 Sfmt 9990 CONTESTING RECORD PROCEDURES: (See Record Access Procedures above.) RECORD SOURCE CATEGORIES: Information in this system of records is provided by Veterans Administration’s employees associated to Veterans Affairs medical centers, Corporate Offices, National Cemetery Administration, Canteen Service and Veterans Health Administration corporate offices, Veterans Integrated Service Network and facilities. [FR Doc. 2010–3298 Filed 2–19–10; 8:45 am] BILLING CODE 8320–01–P E:\FR\FM\22FEN1.SGM 22FEN1

Agencies

[Federal Register Volume 75, Number 34 (Monday, February 22, 2010)]
[Notices]
[Pages 7651-7656]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2010-3298]


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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 new system of records.

-----------------------------------------------------------------------

SUMMARY: The Privacy Act of 1974 (5 United States Code 552(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 is establishing a 
new system of records entitled ``Veterans Health Administration 
Leadership and Workforce Development--VA'' (161VA10A2).

DATES: Comments on this new system of records must be received no later 
than March 24, 2010. If no public comment is received, the new system 
will become effective March 24, 2010.

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: Diana Rogers, Department of Veterans 
Affairs, Veterans Health Administration High Performance Development 
Model

[[Page 7652]]

(HPDM) Program Office, 55 North Robinson Avenue, Oklahoma City, 
Oklahoma 73102; telephone (405) 552-4336.

SUPPLEMENTARY INFORMATION: 

I. Description of Proposed Systems of Records

    Veterans Health Administration Leadership and Workforce Development 
(VHALWD) is a data repository that stores data gathered from the 
Canteen Service, Veterans Health Administration Central Office, 
Veterans Integrated Service Networks and facility coordinators.

II. Proposed Routine Use Disclosures of Data in the System

    To the extent that records contained in the system include 
information protected by 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 permitting disclosure.
    We are proposing to establish the following Routine Use disclosures 
of information maintained in the system:
    1. The record of an individual who is covered by a system of 
records may be disclosed to a Member of Congress, or a staff person 
acting for the Member, when the Member or staff person requests the 
record on behalf of and at the written request of the individual.
    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. Disclosure may be made to the National Archives and Records 
Administration (NARA) and the General Services Administration (GSA) in 
records management inspections conducted under authority of Title 44, 
Chapter 29, of the United States Code (U.S.C.).
    NARA and GSA are responsible for management of 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 and GSA in order to 
determine the proper disposition of such records.
    3. VA may disclose information from this system of records to the 
Department of Justice (DoJ), either on VA's initiative or in response 
to DoJ's request for the information, after either VA or DoJ determines 
that such information is relevant to DoJ's representation of the United 
States or any of its components in legal proceedings before a court or 
adjudicative body, provided that, in each case, the agency also 
determines prior to disclosure that release of the records to 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.
    VA must be able to provide information to DoJ in litigation where 
the United States or any of its components is involved or has an 
interest. A determination would be made in each instance that under the 
circumstances involved, the purpose is compatible with the purpose for 
which VA collected the information. This routine use is distinct from 
the authority to disclose records in response to a court order under 
subsection (b)(11) of the Privacy Act, 5 U.S.C. 552(b)(11), or any 
other provision of subsection (b), in accordance with the court's 
analysis in Doe v. DiGenova, 779 F.2d 74, 78-84 (DC Cir. 1985) and Doe 
v. Stephens, 851 F.2d 1457, 1465-67 (DC Cir. 1988).
    4. Disclosure of relevant information may be made to individuals, 
organizations, private or public agencies, or other entities with whom 
VA has a contract or agreement or where there is a subcontract to 
perform such services as VA may deem practicable for the purposes of 
laws administered by VA, in order for the contractor or subcontractor 
to perform the services of the contract or agreement. 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.
    5. VA may disclose on its own initiative any information in the 
system, except the names and home addresses of veterans and their 
dependents, that is relevant to a suspected or reasonably imminent 
violation of the law whether civil, criminal, or regulatory in nature 
and whether arising by general or program statute or by regulation, 
rule, or order issued pursuant thereto, to a Federal, state, local, 
tribal, or foreign agency charged with the responsibility of 
investigating or prosecuting such violation, or charged with enforcing 
or implementing the statute, regulation, rule, or order. VA may also 
disclose on its own initiative the names and addresses of veterans and 
their dependents to a Federal agency charged with the responsibility of 
investigating or prosecuting civil, criminal, or regulatory violations 
of law, or charged with enforcing or implementing the statute, 
regulation, or order issued pursuant thereto.
    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).
    6. Disclosure to other Federal agencies may be made to assist such 
agencies in preventing and detecting possible fraud or abuse by 
individuals in their operations and programs.
    This routine use permits disclosures by the Department to report a 
suspected incident of identity theft and provide information or 
documentation related to or in support of the reported incident.
    7. VA may, on its own initiative, disclose any information or 
records to appropriate agencies, entities, and persons when (1) VA 
suspects or has confirmed that the integrity or confidentiality of 
information in the system of records has been compromised; (2) the 
Department has determined that as a result of the suspected or 
confirmed compromise, there is a risk of embarrassment or harm to the 
reputations of the record subjects, harm to economic or property 
interests, identity theft or fraud, or harm to the security, 
confidentiality, or integrity of this system or other systems or 
programs (whether maintained by the Department or another agency or 
entity) that rely upon the potentially compromised information; and (3) 
the disclosure is to agencies, entities, or persons whom VA determines 
are reasonably necessary to assist or carry out the Department's 
efforts to respond to the suspected or confirmed compromise and 
prevent, minimize, or remedy such harm. This routine use permits 
disclosures by the Department to respond to a suspected or confirmed

[[Page 7653]]

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.

III. Compatibility of the Proposed Routine Uses

    The Privacy Act permits VA to disclose information about 
individuals without their consent for a routine use when the 
information will be used for a purpose that is compatible with the 
purpose for which we collected the information. In all of the routine 
use disclosures described above, the recipient of the information will 
use the information in connection with a matter relating to one of VA's 
programs, will use the information to provide a benefit to VA, or 
disclosure is required by law.
    The notice of intent to publish 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: January 26, 2010.
John R. Gingrich,
Chief of Staff, Department of Veterans Affairs.
161VA10A2

SYSTEM NAME:
    Veterans Health Administration Leadership and Workforce 
Development--VA.

SYSTEM LOCATION:
    Records are maintained at the North Little Rock Campus, 2200 Fort 
Roots Drive, Little Rock, Arkansas 72114.

Categories of individuals covered by the system:
    The records include information from and concerning Veterans 
Affairs Central Office, Veterans Health Administration, Veterans Health 
Administration Canteen, Veterans Health Administration Central Office, 
Veterans Benefits Administration and National Cemetery Administration 
personnel.

Categories of records in the system:
    The records may include information related to: people, work 
groups, workforce, funding, leadership classes, personal development 
plans, supervisory levels, mentor and coach roles and certifications, 
High Performance Development Model, senior executive information and 
recruitment, human resources automation, positions, organizations, and 
locations of Veterans Health Administration top management positions. 
Central Office and Veterans Integrated Systems Network managers and 
staff, facility directors, associate directors, chiefs of staff, and 
other senior clinical and administrative field managers' positions are 
included. The Veterans Health Administration Executive Management 
Program consists of the functions that fall under the purview of the 
Veterans Health Administration Executive Resources Board and the 
Veterans Health Administration Performance Review Board. Their 
functions include executive development, recruitment and placement; 
organizational analysis; succession planning; and performance 
assessment and recognition. The method used to collect this information 
is a proprietary system using relational technology. Information from 
this database is joined and expanded with information from the Veterans 
Health Administration executive program processes i.e., organization, 
vacancies, recruitment efforts, performance, etc. This combination of 
information is used in the administration of the Executive Resources 
Board and Performance Review Board functions. The sharing and 
development of information involving executives and organizations 
provides an effective means for accomplishing the Executive Resources 
Board and Performance Review Board objectives.
    The following modules are in Veterans Health Administration 
Leadership and Workforce Development: Veterans Health Administration 
Leadership and Workforce Development Home, Performance, Workgroups, 
Veterans Affairs National Database for Interns, Student Educational 
Experience Program, High Performance Development Model Funding, 
Executive Career Field Career Development Plan On-Line Application, 
Technical Career Field Preceptor On-Line Application, Career 
Development Plans, Workforce Planning, Class and Program Management 
(includes: Graduate Healthcare Administration Training Program, School 
at Work, Leadership Effectiveness Accountability Development, Technical 
Career Field, Executive Career Field Candidate Development Program, 
Senior Executive Service Candidate Development programs, Ethics, 
Professional Development Plans, Supervisory Training, Open Season 
(Veterans Health Administration Executive Recruitment), WebHR (Web-
based Human Resource module), and Mentor Coach Certification). Veterans 
Health Administration Leadership and Workforce Development data 
contains:
    1. Employee data.
 Employee legal name
 Social security number
 Veteran's preference
 Vietnam Era veteran
 Retirement plan
 Tenure
 Universal personal identification number
 Universal user name
 Sex
 Supervisory status
 Supervisory training status
 Work contact information
 Facility
 Network Identification
 Home contact information
 Home of record contact information
 Assigned facility/organization
 Pay plan
 Pay grade
 Step
 Retirement eligibility
 Union membership
 Leave balances
 Program
 Credentials
 Grievance
 Disciplinary actions
 Third-party and other employee actions
    2. Employee position data.
 Veterans Health Administration Leadership and Workforce 
Development position titles
 High Performance Development Management ratings
 Position requestor contact data
 Legal authority
 Competitive Level
 Fair Labor Standards Act category
 Drug testing position indicator
 Citizenship/Residency status
 English language proficiency
 Announcement status
 Vacancy status
 Date job opened
 Days to open
 Days to issue certificate
 Date job closed
 Job type/Occupation series/Grade
 Pay plan
 Work schedule
 Appropriation code
 Cost center
 Date candidates referred
 Date nomination received
 Date to Executive Resources Board
 Date credentials complete
 Date recruitment received
 Position start and end dates
 Appointment start and end dates
 Position location
    [cir] Location complexity rating
 Position reporting official
 Position status
    [cir] Supervisory

[[Page 7654]]

    [cir] Bargaining unit
    [cir] Senior executive pay band
 Level of supervisory responsibility
 Date of offer
 Position status change
 Reason for change
 Position authorization data
 Announcement tracking data (location and dates of actions)
 Area of consideration
 Number of applicants (internal, external, not qualified)
 Number interviewed
 Applicant outcome and notification
 Selecting official
 Re-announcement
 Position cancelations
 Date fingerprinted
 Background check data
 Physician Comp Panel and Standards Board data
    3. Bonus data.
 Executive/Senior Executive Service
    [cir] Pay band and band max pay
    [cir] Proposed pay adjustment
    [cir] Proposed rating
    [cir] Approved rating
    [cir] Approved bonus pay
    [cir] Actual pay
    [cir] Rank award
 Type
 Previous year nomination and award amount
 Current year nomination
    [cir] Bonus pool total
    [cir] Local bonus funding amount
    [cir] Form Uploads
 Appraisal
 High level reviews
 Comments
 Bonus justification
 Rank award nominations
 Non-Executive (each Fiscal Year)
    [cir] Rating
    [cir] Award amount
    [cir] Pay adjustment (Yes/No)
    4. Workgroups & Organizations.
 Just under 100 codes--not job occupation series codes--code 
developed for the All Employee Survey
 Agency selection
    [cir] Veterans Affairs
    [cir] Veterans Health Administration
    [cir] National Cemetery
 Agency networks
 Agency organizations
 Formal and informal name
 Organization type
 Network
 Physical location
 Duty Code
 Complexity Level
 Station number
 Workgroup supervisory designations
 Workgroup coordinator assignment
 Workgroup coordinator contact info
    5. Development Plans.
 Uploaded text document
    [cir] Document filled from template
    [cir] Free text employee documentation
    6. Funding.
 Program funding
 Program funds available
 Reimbursement type
 Appropriation code
 Fiscal contact name and phone
 Amount per employee
 Fund control point
 Requested average salary
 Approved funds
 Withdrawn funds
 Date funding sent
 Approval funding comments
 Approved Full Time Equivalents dollars
 Cost center
    7. Career Programs.
 Program Eligibility criteria
 Program waiver
 Program employee applied
 Class title
 Program/Class year
 School name and state
 Major
 Anticipated graduation date
 Application status
 Employment history
 Education history
 Competency data (application questions and answers)
 Applicant endorsers
 Class administrator assignments
 Employee list per class
 Program completion status
 Requested number of student hires
 Requested funding for student salary
 Student work schedule
 Number Full Time Equivalents requested
    8. Workforce Planning--Annual Corporate Office & Veterans 
Integrated Service Networks.
 Planning team members
 Strategic direction
 Historical analysis
    [cir] Employee reason to leave
    [cir] Equal employment opportunity category of employee
 Projected workforce-rational and issues
 Recruitment & Retention programs used
 Leadership programs/activities and participation
 Workplace morale assessment
 Work plan comments
    9. Mentor Information.
 Mentor status
 Core training
    [cir] Courses
    [cir] Date and location
    [cir] Training instructors
    [cir] Training history
 Certification level
 Practical experience hours and event
    10. Perseus Survey Software.
 Employee legal name
 Last 4 social security number
 Veterans Integrated Service Networks
 Facility/Office
 Work Setting (Section/Division/Campus/Product Line/Service/
Department)
 Occupation
 Identification of supervisory chain of command
 Identification of peer and subordinate relationships
 Demographic information
    [cir] Gender
    [cir] Age
    [cir] Race/National Origin
    [cir] Tenure
    [cir] Grade Level
 Data Input in Response to survey questions (questionnaires 
which cover the following types of topics as an example)
    [cir] Assessment Inventories, such as 360 Assessments, WES/MBI 
Instruments
    [cir] Customer Satisfaction surveys/evaluations (High Performance 
Development Model, Health Care Retention and Recruitment Office, 
National Center for Organizational Development, Delegated Examining 
Units, Workforce Management and Consulting Office)
    [cir] Organizational assessment instruments such as Civility, 
Respect and Engagement in the Workplace Evaluation, Veterans 
Administration Nursing Outcomes Database Registered Nursing survey, 
Education Inventories, Center for Faith Based and Community Initiatives 
Communications survey, Aggressive Behavior Prevention Survey, 
Integrated Ethics Workbook, Methicillin Resistant Staphylococcus 
Aureus, Office of Personal Management All Employee Survey, Exit/
Entrance Surveys, Organizational Climate Assessment Program surveys, 
surveys for specific facilities/offices
    [cir] Program Assessments/Proficiency surveys such as Technical 
Career Field Return on Investment survey, Supervisory Training Pre/Post 
Test surveys, Human Resource Proficiency Tracking survey
    [cir] Professional Assessment surveys such as Executive Career 
Field Candidate/Mentor questionnaires, Acting Director/Senior Executive 
Service applicant assessments



Authority for maintenance of the system:
    Title 38, United States Code, section 501a.

PURPOSE(S):
    The records and information may be used for the management of 
Veterans

[[Page 7655]]

Health Administration executive and senior executive employees and 
employees in national programs for performance appraisal and bonus 
award entries, bonus and appraisal documentation storage, Rank Award 
and type given, supervisory training status and employee position 
management. Reports for workforce succession planning and analysis, 
Veterans Health Administration supervisory training status and course 
grade, bonus award dollar amounts per executive and non-executive 
employee used by Performance Review Boards. Human resource position 
creation, and fill actions, employee action and assignment tracking 
data is collected for business processing and analysis.
    Workgroups are developed for survey use and data collection. Data 
that is entered and stored can be extracted from the database and used 
for other applications.

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 Code of Federal Regulations. Parts 160 and 
164, such as individually identifiable health information, and 38 
United States Code 7332, such as 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 United States Code 7332 and regulatory 
authority in 45 Code of Federal Regulations Parts 160 and 164 
permitting disclosure.
    1. The record of an individual who is covered by a system of 
records may be disclosed to a Member of Congress, or a staff person 
acting for the Member, when the Member or staff person requests the 
record on behalf of and at the written request of the individual.
    2. Disclosure may be made to the National Archives and Records 
Administration (NARA) and the General Services Administration (GSA) in 
records management inspections conducted under authority of Title 44, 
Chapter 29, of the United States Code (U.S.C.).
    3. VA may disclose information from this system of records to the 
Department of Justice (DoJ), either on VA's initiative or in response 
to DoJ's request for the information, after either VA or DoJ determines 
that such information is relevant to DoJ's representation of the United 
States or any of its components in legal proceedings before a court or 
adjudicative body, provided that, in each case, the agency also 
determines prior to disclosure that release of the records to DoJ is a 
use of the information contained in the records that is compatible with 
the purpose for which VA collected the records. VA, on its own 
initiative, may disclose records in this system of records in legal 
proceedings before a court or administrative body after determining 
that the disclosure of the records to the court or administrative body 
is a use of the information contained in the records that is compatible 
with the purpose for which VA collected the records.
    4. Disclosure of relevant information may be made to individuals, 
organizations, private or public agencies, or other entities with whom 
VA has a contract or agreement or where there is a subcontract to 
perform such services as VA may deem practicable for the purposes of 
laws administered by VA, in order for the contractor or subcontractor 
to perform the services of the contract or agreement.
    5. VA may disclose on its own initiative any information in the 
system, except the names and home addresses of veterans and their 
dependents, that is relevant to a suspected or reasonably imminent 
violation of the law whether civil, criminal, or regulatory in nature 
and whether arising by general or program statute or by regulation, 
rule, or order issued pursuant thereto, to a Federal, state, local, 
tribal, or foreign agency charged with the responsibility of 
investigating or prosecuting such violation, or charged with enforcing 
or implementing the statute, regulation, rule, or order. VA may also 
disclose on its own initiative the names and addresses of veterans and 
their dependents to a Federal agency charged with the responsibility of 
investigating or prosecuting civil, criminal, or regulatory violations 
of law, or charged with enforcing or implementing the statute, 
regulation, or order issued pursuant thereto.
    6. Disclosure to other Federal agencies may be made to assist such 
agencies in preventing and detecting possible fraud or abuse by 
individuals in their operations and programs.
    7. VA may, on its own initiative, disclose any information or 
records to appropriate agencies, entities, and persons when (1) VA 
suspects or has confirmed that the integrity or confidentiality of 
information in the system of records has been compromised; (2) the 
Department has determined that as a result of the suspected or 
confirmed compromise, there is a risk of embarrassment or harm to the 
reputations of the record subjects, harm to economic or property 
interests, identity theft or fraud, or harm to the security, 
confidentiality, or integrity of this system or other systems or 
programs (whether maintained by the Department or another agency or 
entity) that rely upon the potentially compromised information; and (3) 
the disclosure is to agencies, entities, or persons whom VA determines 
are reasonably necessary to assist or carry out the Department's 
efforts to respond to the suspected or confirmed compromise and 
prevent, minimize, or remedy such harm. This routine use permits 
disclosures by the Department to respond to a suspected or confirmed 
data breach, including the conduct of any risk analysis or provision of 
credit protection services as provided in 38 U.S.C. 5724, as the terms 
are defined in 38 U.S.C. 5727.

Policies and practices for storing, retrieving, accessing, retaining, 
and disposing of records in the system:
Storage:
    Records are maintained on the HPDM1 Server and backup server in 
Little Rock, Arkansas.

Retrievability:
    Records are retrieved by name, social security number, position 
number or other assigned identifiers of the individuals on whom they 
are maintained.

Safeguards:
    1. Access to Veterans Affairs working and storage areas is 
restricted to Veterans Affairs employees on a ``need-to-know'' basis; 
strict control measures are enforced to ensure that disclosure to these 
individuals is also based on this same principle. Generally, Veterans 
Affairs file areas are locked after normal duty hours and the 
facilities are protected from outside access by the Federal Protective 
Service or other security personnel.
    2. Access to computer rooms at health care facilities is generally 
limited by appropriate locking devices and restricted to authorized 
Veterans Affairs employees and vendor personnel. Automatic Data 
Processing peripheral devices are placed in secure areas. Access to 
information stored on automated storage media at other Veterans Affairs 
locations is controlled by individually unique passwords/codes. 
Employees are limited to only that information in the file which is 
needed in the performance of their official duties.
    3. Access to the Little Rock Campus Servers is restricted to Center 
employees, Federal Protective Service

[[Page 7656]]

and other security personnel. Access to computer rooms is restricted to 
authorized operational personnel through electronic scanning and 
locking devices. All other persons gaining access to computer rooms are 
escorted after identity verification and log entry to track person, 
date, time in, and time out of the room. Information stored in the 
computer may be accessed by authorized Veterans Affairs employees at 
remote locations including Veterans Affairs health care facilities, 
Information Systems Centers, Veterans Affairs Central Office, and 
Veteran Integrated Service Networks. Access is controlled by secure 
individually unique system authentication.

Retention and disposal:
    Paper records and information maintained and disposed of in 
accordance with records disposition authority approved by the Archivist 
of the United States.

System manager(s) and address:
    Official responsible for policies and procedures; Office of 
Workforce Management & Consulting Office (10A2), Department of Veterans 
Affairs, 810 Vermont Avenue, NW., Washington, DC 20420. Officials 
maintaining the system; Diana Rogers of the High Performance 
Development Model National Program Office located at 55 North Robinson 
Avenue, Suite 1033, Oklahoma City, OK 73102.

Notification procedure:
    Individuals who wish to determine whether this system of records 
contains information about them should contact the Veterans Affairs 
facility location at which they are or were employed. Inquiries should 
include the person's full name, social security number, dates of 
employment, date(s) of contact, and return address.

Record access procedure:
    Individuals seeking information regarding access to and contesting 
of records in this system may write, call or visit the Veterans Affairs 
facility location where they are or were employed or made contact.

Contesting record procedures:
    (See Record Access Procedures above.)

Record source categories:
    Information in this system of records is provided by Veterans 
Administration's employees associated to Veterans Affairs medical 
centers, Corporate Offices, National Cemetery Administration, Canteen 
Service and Veterans Health Administration corporate offices, Veterans 
Integrated Service Network and facilities.

[FR Doc. 2010-3298 Filed 2-19-10; 8:45 am]
BILLING CODE 8320-01-P
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