Privacy Act of 1974; System of Records, 39346-39352 [2012-16167]
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39346
Federal Register / Vol. 77, No. 127 / Monday, July 2, 2012 / Notices
burden of the proposed collection of
information; (3) ways to enhance the
quality, utility, and clarity of the
information to be collected; and (4)
ways to minimize the burden of the
collection of information on
respondents, including through the use
of automated collection techniques or
the use of other forms of information
technology.
Title: Fiduciary Agreement, VA Form
21–4703.
OMB Control Number: 2900–0319.
Type of Review: Extension of a
currently approved collection.
Abstract: VA Form 21–4703 is a legal
binding contract between VA and
Federally appointed fiduciaries
receiving VA funds on behalf
beneficiaries who were determined to be
incompetent or under legal disability by
reason of minority or court action. The
form outlines the fiduciary’s
responsibility regarding the use of VA
funds.
Affected Public: Individuals or
households.
Estimated Annual Burden: 1,467
hours.
Estimated Average Burden Per
Respondent: 5 minutes.
Frequency of Response: One time.
Estimated Number of Respondents:
17,600.
Dated: June 27, 2012.
By direction of the Secretary.
Denise McLamb,
Program Analyst, Enterprise Records Service.
[FR Doc. 2012–16108 Filed 6–29–12; 8:45 am]
BILLING CODE 8320–01–P
DEPARTMENT OF VETERANS
AFFAIRS
[OMB Control No. 2900–0042]
Proposed Information Collection
(Statement of Accredited
Representative in Appealed Case, VA
Form 646) Activity: Comment Request
The Board of Veterans’ Appeals
(BVA), Department of Veterans Affairs.
ACTION: Notice.
AGENCY:
The Board of Veterans’
Appeals (BVA), Department of Veterans
Affairs (VA), is announcing an
opportunity for public comment on the
proposed collection of certain
information by the agency. Under the
Paperwork Reduction Act (PRA) of
1995, Federal agencies are required to
publish notice in the Federal Register
concerning each proposed collection of
information, including each proposed
extension of a currently approved
collection, and allow 60 days for public
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SUMMARY:
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comment in response to the notice. This
notice solicits comments for information
needed to summarize a claimant’s
disagreement of denied VA benefits
before the Board of Veterans’ Appeals.
DATES: Written comments and
recommendations on the proposed
collection of information should be
received on or before August 31, 2012.
ADDRESSES: Submit written comments
on the collection of information through
Federal Docket Management System
(FDMS) at www.Regulations.gov to Sue
Hamlin, Board of Veterans’ Appeals
(01C), Department of Veterans Affairs,
810 Vermont Avenue NW., Washington,
DC 20420 or email
Sue.Hamlin@mail.va.gov. Please refer to
‘‘OMB Control No. 2900–0042’’ in any
correspondence. During the comment
period, comments may be viewed online
through FDMS.
FOR FURTHER INFORMATION CONTACT: Sue
Hamlin at (202) 632–5100 or FAX (202)
632–5841.
SUPPLEMENTARY INFORMATION: Under the
PRA of 1995 (Pub. L. 104–13; 44 U.S.C.
3501—3521), Federal agencies must
obtain approval from the Office of
Management and Budget (OMB) for each
collection of information they conduct
or sponsor. This request for comment is
being made pursuant to Section
3506(c)(2)(A) of the PRA.
With respect to the following
collection of information, BVA invites
comments on: (1) Whether the proposed
collection of information is necessary
for the proper performance of BVA’s
functions, including whether the
information will have practical utility;
(2) the accuracy of BVA’s estimate of the
burden of the proposed collection of
information; (3) ways to enhance the
quality, utility, and clarity of the
information to be collected; and (4)
ways to minimize the burden of the
collection of information on
respondents, including through the use
of automated collection techniques or
the use of other forms of information
technology.
Title: Statement of Accredited
Representative in Appealed Case, VA
Form 646.
OMB Control Number: 2900–0042.
Type of Review: Extension of a
currently approved collection.
Abstract: A recognized organization,
attorney, agent, or other authorized
person representing VA claimants
before the Board of Veterans’ Appeals
complete VA Form 646 to provide
identifying data describing the basis for
their claimant’s disagreement with the
denial of VA benefits. VA uses the data
collected to identify the issues in
dispute and to prepare a decision
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responsive to the claimant’s
disagreement.
Affected Public: Not for profit
institution.
Estimated Annual Burden: 44,551.
Estimated Average Burden per
Respondent: 60 minutes.
Frequency of Response: On occasion.
Estimated Number of Respondents:
44,551.
Dated: June 27, 2012.
By direction of the Secretary.
Denise McLamb,
Program Analyst, Enterprise Records Service.
[FR Doc. 2012–16109 Filed 6–29–12; 8:45 am]
BILLING CODE 8320–01–P
DEPARTMENT OF VETERANS
AFFAIRS
Privacy Act of 1974; System of
Records
Department of Veterans Affairs.
Notice of Amendment of System
of Records Notice ‘‘Personnel and
Accounting Integrated Data System’’—
VA (27VA047).
AGENCY:
ACTION:
As required by the Privacy
Act of 1974, 5 U.S.C. 552a(e)(4) notice
is hereby given that the Department of
Veterans Affairs (VA) proposes to
amend a system of records entitled
‘‘Personnel and Accounting Integrated
Data System’’—VA (27VA047). This
amendment will update our Routine
Uses of Records Maintained in the
System. VA has changed the title of this
System of Record from ‘‘Personnel and
Accounting Pay System’’—VA
(27VA047) to ‘‘Personnel and
Accounting Integrated Data System’’—
VA (27VA047). VA is republishing this
system of records in its entirety.
DATES: Written comments mailed to the
Department must be postmarked no
later than August 1, 2012, and written
comments hand-delivered or submitted
electronically to the Department must
be received no later than 5 p.m. Eastern
Time on August 1, 2012. If no public
comment is received during the 30-day
public comment period, or unless
otherwise published in the Federal
Register by VA, the amended system of
records statement is effective August 1,
2012.
ADDRESSES: Written comments may be
submitted through https://
www.Regulations.gov; by mail or handdelivery to the Director, Regulations
Management (02REG), Department of
Veterans Affairs, 810 Vermont Avenue
NW., Room 1068, Washington, DC
20420; or by fax to (202) 273–9026.
Copies of comments received will be
SUMMARY:
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available for public inspection in the
Office of Regulation Policy and
Management, Room 1063B, between the
hours of 8 a.m. and 4:30 p.m., Monday
through Friday (except holidays). Please
call (202) 461–4902 for an appointment.
This is not a toll-free number. 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:
Karen Barber, Cost and Debt
Management Service (047GC),
Department of Veterans Affairs, 810
Vermont Avenue NW., Washington, DC
20420, Telephone: (202) 461–6432 (this
is not a toll-free number).
SUPPLEMENTARY INFORMATION: Pursuant
to the Privacy Act of 1974 (5 U.S.C.
552a) and the Office of Management and
Budget (OMB) Circular No. A–130, VA
has conducted a review of its Privacy
Act systems of records notices and has
determined that the system of records
entitled ‘‘Personnel and Accounting
Integrated Data System’’—VA needs to
be amended to better identify to the
public the types of records that are
maintained by VA, the various methods
of retention of these records, and the
purposes for which the records are used,
including Routine uses. VA had
determined that several existing Routine
uses need to be modified or revised and
new Routine uses are proposed to be
added to this system of records. VA has
determined that the release of
information for these purposes is a
necessary and proper use of the
information in this system of records
and that the new specific Routine uses
for transfer of this information are
appropriate.
The majority of the changes will occur
in the following sections: system
location, categories of records in the
system, Routine uses or records
maintained in the system, including
categories of users and the purpose of
such uses, and policies and practices for
storing, retrieving, accessing, retaining,
and disposing of records in the system.
Because there are a number of changes,
VA is republishing this system of
records in its entirety.
E-Payroll is an initiative that is part of
the President’s Management Agenda.
Coordinated by OMB and managed by
the Office of Personnel Management
(OPM), it is designed to save taxpayers
dollars and to streamline government
payroll operations. One of the major
goals is the consolidation of Executive
Branch civilian payroll systems into
four e-Payroll providers. These four
providers are formed into two
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partnerships: (1) the Department of the
Interior’s National Business Center
(NBC) and the Department of
Agriculture’s National Finance Center
(NFC), and (2) the Defense Finance and
Accounting Service (DFAS) and General
Services Administration (GSA). OMB
selected DFAS as the provider that
would process the payroll of VA and
other Federal agencies and will collect
and maintain personal information
concerning the individual employees of
the agencies that DFAS services. DFAS
has completed the process of migrating
client agencies from their existing
payroll system to the DFAS payroll
system. Therefore, certain portions of
27VA047 must be amended to
accommodate this migration and
consolidation. Specifically, the
‘‘Systems Location’’ must be amended
to include a reference to the collection
and maintenance by DFAS of
information concerning VA employees.
We are proposing to amend and
establish the following Routine use
disclosures maintained in the system:
Routine use number 1 is overly broad
and as currently written may permit
disclosures under conditions not
authorized by law. Clarifying language
is added to the end of the Routine use.
Routine use number 2 is modified to
include Direct Deposit/Electronic Funds
Transfer (DD/EFT) reference.
Routine use number 9 is modified so
that VA will be able to comply with the
requirements of agencies charged with
enforcing the law and investigations of
violations or possible violations of law.
VA must also be able to provide
information to Federal, State, local,
tribal and foreign agencies charged with
protecting the public health as set forth
in law.
Routine use number 11 is revised to
clarify when information may be
released to a Federal, State, or local
agency conducting a security or
suitability investigation.
Routine use number 15 is revised to
better identify situations in which an
individual requests the help of a
Member of Congress in resolving certain
issues relating to a matter before VA.
The Member of Congress then responds
in writing to VA, and VA in turn must
provide sufficient information in
response to the inquiry.
Routine use number 16 is clarified to
indicate that the National Archives and
Records Administration (NARA) is
responsible for archiving old records no
longer actively used, but which may be
appropriate for preservation. NARA is
responsible in general for the
maintenance of the Federal
Government’s records. VA must be able
to turn records over to NARA in order
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to determine the proper disposition of
such records.
Routine use numbers 18 and 19 are
deleted and replaced by a new Routine
use number 18 so that whenever VA is
involved in litigation or an adjudicative
or administrative process, or
occasionally when another party is
involved in litigation or an adjudicative
or administrative process and VA
policies or operations could be affected
by the outcome of the litigation or
process, VA will be able to disclose
information to the court, the
adjudicative or administrative bodies, or
the parties involved. A determination
would be made in each instance that,
under the circumstances involved, the
purpose served by the use of the
information in the particular litigation
or process is compatible with a purpose
for which VA collects the information.
Subsequent Routine uses are
renumbered because of the deletion of
the current Routine use number 19.
Current Routine use number 21 is
deleted because legislation relating to
restrictions on the outside professional
activities of certain full-time title 38
health care professionals has been
repealed. Subsequent Routine uses are
renumbered as result of this deletion.
Routine use number 22 (former
Routine use number 24) is revised
because language relating to reporting
individuals who have lost or
surrendered their clinical privileges
should refer to ‘‘physicians and other
practitioners,’’ rather than ‘‘physicians
and dentists.’’ Clinical privileges are
granted to individuals in other
occupations (e.g., podiatrists and nurse
practitioners).
Routine use number 25 (former
Routine use number 27) is changed to
refer to ‘‘residents’’ only, rather than
‘‘residents and interns.’’ The term
‘‘interns’’ is no longer used by VA, the
general medical community, or
examining boards.
Routine use numbers 26 and 27
(former Routine use numbers 28 and 29)
are revised for clarity.
New Routine use numbers 33, 34, and
35 are added to authorize release of
information to the Department of the
Treasury, the Department of Justice, and
other Federal agencies for debt
collection purposes.
On April 26, 1996, Congress passed
Public Law 104–134. Among the
provisions of this law was the ‘‘Debt
Collection Improvement Act of 1996’’
(DCIA), which authorizes and requires
several new techniques for collecting
debts. VA and other Federal agencies
must now notify the Department of the
Treasury of all delinquent debts over
180 days old so that Treasury can
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collect these debts through
administrative offset from Federal
payments, including tax refunds and
salary payments. VA and other Federal
agencies are also required to refer
delinquent debts over 180 days old to
the Department of the Treasury so that
Treasury may attempt to collect,
compromise, or terminate these debts.
Treasury may also refer these debts to
other designated Federal debt collection
centers, to the Department of Justice for
litigation, or to private collection
agencies. The DCIA also authorizes
Federal agencies to sell outstanding
debts.
Routine use numbers 36 and 37 are
added to identify information referred to
the Office of Federal Employees’ Group
Life Insurance and to health care
insurance carriers contracting with OPM
under the Federal Health Benefits
Program.
A new Routine use number 38 is
added to identify information
transferred to DFAS so that DFAS can
effectively process the payroll for VA
employees.
A new Routine use number 39 is
added to identify information
transferred to another Federal agency in
order for that agency to conduct a
Federal salary offset hearing requested
by an indebted VA employee. Under 5
U.S.C. 5514, an agency is required to
provide prior written notice to an
employee-debtor of the agency’s intent
to initiate salary offset to collect a debt
owed by the employee to the agency.
The agency must also notify the
employee of the right to request a
hearing on the existence and amount of
the debt, as well as on the offset
schedule. In accordance with 5 U.S.C.
5514(a)(2)(D), the hearing must be
conducted by an impartial hearing
official not under the supervision or
control of the creditor agency, unless
the hearing official is an administrative
law judge employed by the creditor
agency. VA has contracted with another
Federal agency to conduct these
hearings for VA employees and must
transfer information pertaining to the
employee to this agency in order to have
the hearings conducted.
A new Routine use number 40 is
added to enable disclosure to other
Federal agencies in order to assist such
agencies in preventing and detecting
possible fraud or abuse by individuals
in their operations and programs.
A new Routine use number 41 is
added. VA may, on its own initiative,
disclose any information or records to
appropriate agencies, entities, and
persons to respond to a suspected or
confirmed data breach, including the
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conduct of any risk analysis or
provision of credit protection services.
New Routine use numbers 42, 43, and
44 are added. The three new Routine
uses are added to enable disclosure of
information to the Merit Systems
Protection Board (MSPB), the Federal
Labor Relations Authority (FLRA), and
the Equal Employment Opportunity
Commission (EEOC) in order for each to
address matters within their
jurisdiction.
Finally, VA is adding new Routine
use number 45. The new Routine use is
added to provide VA information or
records to appropriate Federal
Government agencies, upon request, for
employee accountability purposes,
during the time of a declared national,
state, or local emergency.
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 VA collected the
information. In all of the Routine use
disclosures described above, the
recipient of the information will use the
information either in connection with a
matter relating to one of VA’s programs,
or will use the information to provide a
benefit to VA, or will disclose as
required by law.
The notice of intent to publish an
advance copy of the system notice has
been sent to the appropriate
Congressional committees and to the
Director of the Office of Management
and Budget (OMB) as required by 5
U.S.C. 552a(r) (Privacy Act of 1974) and
guidelines issued by OMB on December
12, 2000 (65 FR 77677).
Approved: June 7, 2012.
John R. Gingrich,
Chief of Staff, Department of Veterans Affairs.
27VA047
SYSTEM NAME:
‘‘Personnel and Accounting Integrated
Data System’’ —VA
SYSTEM LOCATION:
This system of records is located in
the VA Central Office, Washington, DC;
the VA Austin Information Technology
Center and VA Austin Financial
Services Center, Austin, Texas; at the
facilities of the Defense Finance and
Accounting Service (DFAS) and the
Department of Agriculture’s National
Finance Center (NFC); at the offices of
contractors and subcontractors; and VA
field facilities.
CATEGORIES OF INDIVIDUALS COVERED BY THE
SYSTEM:
Individuals covered by the system are
all VA employees, except employees
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appointed on a without compensation
basis, medical or dental residents who
receive their stipends and fringe
benefits through full disbursement
agreements, and employees of the VA
Office of Inspector General.
CATEGORIES OF RECORDS IN THE SYSTEM:
These records include, but are not
limited to: Name; home address; social
security number (SSN); taxpayer
identification number (TIN); date of
birth; grade; race; employing
organization; timekeeper number;
salary; pay plan; number of hours
worked, including compensatory time;
leave accrual rate, usage, and balances;
records related to retirement and benefit
elections; FICA withholdings; Federal,
State, and local tax withholdings;
records related to travel expenses and
payments; telework indicator codes;
carpool and ridesharing program
records (i.e., name, address, office
location at the facility); public
transportation benefit program records;
records related to garnishments,
deductions, allotments, and direct
deposit/electronic funds transfer (DD/
EFT); and records related to background
information investigations.
AUTHORITY FOR MAINTENANCE OF THE SYSTEM:
38 U.S.C. 501(a); 5 U.S.C. Part III,
Subparts D and E.
PURPOSE(S):
These records are used to administer
the pay, leave, and travel requirements
related to VA employees.
ROUTINE USES OF RECORDS MAINTAINED IN THE
SYSTEM, INCLUDING CATEGORIES OF USERS AND
THE PURPOSES OF SUCH USES:
1. To produce and maintain
automated human resources and payroll
information, including reports and
statistical data, on VA employees for use
by Federal, State, and local agencies and
organizations authorized by law or
regulation, to have access to such
information. These records may be
disclosed as part of an ongoing
computer-matching program to
accomplish these purposes. This
Routine use does not authorize the
disclosure of information that must be
disclosed under the criteria contained in
5 U.S.C. 552a(b)(7), (8), and (11).
2. To transfer human resources and
payroll information to complete payroll
checks and DD/EFT, bond deductions,
and withholding taxes to DFAS to affect
delivery of salary payments to VA
employees.
3. Transfer payroll information to the
Social Security Administration in order
to credit quarterly posting for social
security.
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4. Transfer withholding tax
information to State and/or city
governments to effect payment of taxes
to State and/or city governments and to
create W–2s.
5. Transfer retirement record
information to the Office of Personnel
Management (OPM) in order to provide
a history of service and retirement
deductions.
6. Information and records in this
system may be transferred to the
National Archives and Records
Administration (NARA) to provide a
history of all salaries, deductions, and
time and leave.
7. Transfer unemployment
compensation information to State
agencies to compile unemployment
compensation data.
8. Transfer personnel data to OPM in
order to provide OPM with a readily
accessible major data source for meeting
workforce information needs of OPM,
national planning agencies, Congress,
the White House, and the public.
9. VA may disclose on its own
initiative any information in this
system, that is relevant to a suspected or
reasonably imminent violation of law,
whether civil, criminal, or regulatory in
nature and whether arising by general or
program statute or by regulation, rule, or
order issued pursuant thereto, to a
Federal, State, local, tribal, or foreign
agency charged with the responsibility
of investigating or prosecuting such
violation, or charged with enforcing or
implementing the statute, regulation,
rule, or order. VA may also disclose on
its own initiative the names and
addresses of veterans and their
dependants 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.
10. A record from this system of
records may be disclosed as a ‘‘routine
use’’ to a Federal, State, or local agency,
or to a non-governmental organization
maintaining civil, criminal, or other
relevant information, such as current
licenses, registration, or certification, if
necessary to obtain information relevant
to an agency decision concerning the
hiring or retention of an employee, the
use of an individual as a consultant,
attending or to provide fee basis health
care, the issuance of a security
clearance, the letting of a contract, or
the issuance of a license, grant, or other
benefits. These records may also be
disclosed as part of an ongoing
computer matching program to
accomplish these purposes.
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11. A record from this system of
records may be disclosed to a Federal,
State, or local agency in response to its
request, in connection with the hiring
and retention of an employee, the
issuance of a security clearance, the
conducting of a security or suitability
investigation of an individual, the
letting of a contract or the issuance of
a license, grant or other benefit by the
requesting agency, to the extent that the
information is relevant and necessary to
the requesting agency’s decision on the
matter.
12. Relevant information from this
system of records, including the nature
and amount of a financial obligation,
may be disclosed as a ‘‘routine use’’, in
order to assist VA in the collection of
unpaid financial obligations owed to
VA, to a debtor’s employing agency or
commanding officer so that the debtoremployee may be counseled by his or
her Federal employer or commanding
officer. This purpose is consistent with
the Government-wide debt collection
standards set forth at 31 U.S.C. chapter
37, subchapters I and II, 31 CFR parts
900–904, and VA regulations 38 CFR
1.900–1.954.
13. To provide State and local taxing
authorities employee names, home
addresses, social security numbers,
gross compensation paid for a given
period, taxes withheld for the benefit of
the recipient jurisdiction or other
jurisdictions, according to the
provisions of State and/or local law.
14. Relevant information from this
system of records, including available
identifying data regarding the debtor,
such as name of debtor, last known
address of debtor, social security
number of debtor, place and date of
birth of debtor, name and address of
debtor’s employer or firm, and dates of
employment, may be disclosed to other
Federal agencies, State probate courts,
State drivers’ license bureaus, and State
automobile title and license bureaus as
a ‘‘routine use’’ in order to obtain
current address, locator and credit
report assistance in the collection of
unpaid financial obligations owed to the
U.S. This purpose is consistent with the
Government-wide debt collection
standards set forth at 38 U.S.C., chapter
37, subchapters I and II, 31 CFR parts
900–904, and VA regulations 38 CFR
1.900–1.954.
15. The record of an individual who
is covered by this system 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.
16. Information and records in this
system may be disclosed to NARA in
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39349
records management inspections
conducted under the authority of title
44 U.S.C.
17. The name and general geographic
location where an employee resides (not
specific home address) may be disclosed
by the facility Employee Transportation
Coordinator to other employees in order
to promote the car/vanpooling and
ridesharing program established in
accordance with Executive Order 12191
and to enable VA to verify membership
in car and vanpools.
18. 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.
19. The name of the employee, social
security number, beginning and ending
pay period dates, the number of hours
worked during a given pay period, the
gross salary and duty station may be
disclosed to the Department of Labor’s
(DOL) Office of Inspector General (IG) in
order for DOL IG to conduct a computer
match of these records with various
State unemployment benefit files. The
purpose of this computer-matching
program will be to determine if Federal
employees have been properly drawing
State unemployment benefit payments.
These payments are ultimately
reimbursed to the State by the Federal
Government.
20. Records from this system of
records may be disclosed to a Federal,
State, or local government agency or
licensing board and/or to the Federation
of State Medical Boards or a similar
nongovernment entity. These entities
maintain records concerning an
individual’s employment or practice
histories or concerning the issuance,
retention, or revocation of licenses,
certifications, or registration necessary
to practice an occupation, profession or
specialty. Disclosures may be made in
order for the agency to obtain
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information determined relevant to an
agency decision concerning the hiring,
retention, or termination of an
employee. Disclosures may also be
made to inform a Federal agency or
licensing boards or the appropriate
nongovernment entities about the health
care practices of a terminated, resigned,
or retired health care employee whose
professional health care activity so
significantly failed to conform to
generally accepted standards of
professional medical practice as to raise
reasonable concern for the health and
safety of patients. These records may
also be disclosed as part of an ongoing
computer-matching program to
accomplish these purposes.
21. Any information in this system of
records may be disclosed to any State,
local, or foreign civil or criminal law
enforcement governmental agency or
instrumentality charged under
applicable law with the protection of
the public health or safety for the
purpose of protecting public health or
safety if qualified representatives of
such agency or instrumentality has
made a written request that such
information be provided in order to
meet a statutory reporting requirement.
22. Relevant information from this
system of records may be disclosed to
the National Practitioner Data Bank and/
or State Licensing Board in the State(s)
in which a practitioner is licensed, in
which the VA facility is located, and/or
in which an act or omission occurred
upon which a medical malpractice
claim was based when VA reports
information concerning: (1) Any
payment for the benefit of a physician
or other licensed health care
practitioner which was made as the
result of a settlement or judgment of a
claim of medical malpractice if an
appropriate determination is made in
accordance with agency policy that
payment was related to substandard
care, professional incompetence or
professional misconduct on the part of
the individual; (2) a final decision
which relates to possible incompetence
or improper professional conduct that
adversely affects the clinical privileges
of a physician or other licensed health
care practitioner for a period longer than
30 days; or (3) the acceptance of the
surrender of clinical privilege or any
restriction of such privileges by a
physician or other licensed health care
practitioner either while under
investigation by the health care entity
relating to possible incompetence or
improper professional conduct, or in
return for not conducting such an
investigation or proceeding. These
records may also be disclosed as part of
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a computer-matching program to
accomplish these purposes.
23. Any information in this system
may be disclosed to the Department of
the Treasury, Internal Revenue Service
(IRS), where required by law or
regulation to report withholding
information and to affect payment of
taxes withheld to IRS and to create W–
2s.
24. Relevant information from this
system of records, including social
security number, date of birth, home
address, and the amount of
contributions, interfund transfers, or
other financial information may be
disclosed to the Federal Retirement
Thrift Investment Board in order to
effect employee participation in the
Thrift Savings Plan.
25. Relevant information from this
system of records concerning residents
employed at VA Medical Centers,
including names, social security
numbers, occupational titles, and dates
of service, may be disclosed to the
Health Care Financing Administration
(HCFA) as part of an ongoing computermatching program. The purpose of this
computer-matching program is to help
ensure that no resident is counted as
more than one full-time equivalent in
accordance with program regulations
governing Medicare education costs.
26. Information from this system of
records may be disclosed in response to
legal processes, including
interrogatories, served on the agency in
connection with garnishment
proceedings against current or former
VA employees under 5 U.S.C. 5520a.
27. Disclosure of relevant information
may be made to individuals,
organizations, private or public
agencies, or other agencies 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.
28. The names, social security
numbers, home addresses, dates of
birth, dates of hire, quarterly earnings,
employer identifying information, and
State of hire of employees may be
disclosed to the Office of Child Support
Enforcement, Administration for
Children and Families, Department of
Health and Human Services Federal
Parent Locator System (FPLS) for the
purpose of locating individuals to
establish paternity, establishing and
modifying orders of child support,
identifying sources of income, and for
other child support enforcement actions
as required by the Personal
Responsibility and Work Opportunity
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Reconciliation Act (Welfare Reform
Law, Pub. L. 104–193).
29. Information from this system of
records may be released to the Social
Security Administration for verifying
social security numbers in connection
with the operation of the FPLS by the
Office of Child Support Enforcement.
30. Information from this system of
records may be released to the
Department of the Treasury for purposes
of administering the Earned Income Tax
Credit Program (Section 32, Internal
Revenue Code of 1986) and verifying a
claim with respect to employment in a
tax return.
31. To disclose information to the
FLRA (including its General Counsel)
when requested in connection with the
investigation and resolution of
allegations of unfair labor practices, in
connection with the resolution of
exceptions to arbitrator awards when a
question of material fact is raised, in
connection with matters before the
Federal Service Impasses Panel, and to
investigate representation petitions and
conduct or supervise representation
elections.
32. VA may disclose information from
this system of records to a court,
administrative entity, or custodial
parent of a child in order to provide
documentation of payroll deductions for
child healthcare insurance coverage in
accordance with a court or
administrative order as required by 5
U.S.C. 8905(h), as enacted by Public
Law 106–394, and in accordance with
the procedures stated in the applicable
Office of Personnel Management
Benefits Administration and Payroll
Office Letters. VA may also disclose
information from this system of records
to healthcare insurance carriers in order
to enroll employees and their children
in healthcare insurance plans in
accordance with Public Law 106–394.
33. Any information in this system of
records may be disclosed to the
Secretary of the Treasury, or to any
designated Government disbursing
official, for the purpose of conducting
administrative offset of any eligible
Federal payments in order to collect
debts owed to the United States under
the authority set forth in 31 U.S.C. 3716.
Tax refund and Federal salary payments
may be included in those Federal
payments eligible for administrative
offset.
34. Any information in this system of
records concerning a delinquent debt
may be disclosed to the Secretary of the
Treasury for appropriate collection or
termination action, including the
transfer of the indebtedness for
collection or termination, in accordance
with 31 U.S.C. 3711(g)(4), to DFAS, to
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a debt collection center designated by
the Secretary of the Treasury, to a
private collection agency, or to the
Department of Justice. The Secretary of
the Treasury, through the Department of
the Treasury, a designated debt
collection center, a private collection
agency, or DoJ, may take appropriate
action on a debt in accordance with the
existing laws under which the debt
arose.
35. Any information in this system of
records may be disclosed to a third
party purchaser of delinquent debt sold
pursuant to the provisions of 31 U.S.C.
3711(i).
36. To disclose to the Office of
Federal Employees’ Group Life
Insurance information necessary to
verify election, declination, or waiver of
regular and/or optional life insurance
coverage or eligibility for payment of a
claim for life insurance.
37. To disclose information to health
insurance carriers contracting with OPM
under the Federal Health Benefits
Program that is necessary to identify
enrollment in the plan, to verify
eligibility for payment of a claim for
health benefits, or to carry out the
coordination or audit of benefits
provisions of such contracts.
38. Any information in this system of
records, including social security
numbers and home addresses, may be
disclosed to DFAS so that DFAS may
process the payment of pay and
allowances for VA employees.
39. Any information in this system of
records, including social security
numbers, may be disclosed to another
Federal agency when that agency has
been requested to conduct a Federal
salary offset hearing under 5 U.S.C.
5514(a)(2)(D) for VA employees.
40. Disclosures 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.
41. 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
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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.
42. VA may disclose information from
this system to the Merit Systems
Protection Board (MSPB), or the Office
of 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 authorized
by law.
43. VA may disclose information from
this system to the FLRA, including its
General Counsel, information related to
the establishment of jurisdiction,
investigation, and resolution of
allegations of unfair labor practices, or
in connection with the resolution of
exceptions to arbitration awards when a
question of material fact is raised; for it
to address matters properly before the
Federal Services Impasses Panel,
investigate representation petitions, and
conduct or supervise representation
elections.
44. VA may disclose information from
this system to the Equal Employment
Opportunity Commission (EEOC) when
requested in connection with
investigations of alleged or possible
discriminatory practices, examination of
Federal affirmative employment
programs, or other functions of the
Commission as authorized by law or
regulation.
45. VA may disclose information or
records from this system to appropriate
Federal Government agencies, upon
request, for employee accountability
purposes, during the time of a declared
national, state, or local emergency.
DISCLOSURE TO CONSUMER REPORTING
AGENCIES:
Disclosures pursuant to 5 U.S.C.
552a(b)(12), VA may disclose records
from this system of records 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)). The disclosure is limited to
information necessary to establish the
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39351
identity of the individual, including
name, address, and taxpayer
identification number (social security
number), the amount, status and history
of the claim; and the agency or program
under which the claim arose for the sole
purpose of allowing the consumer
reporting agency to prepare a
commercial credit report. 31 U.S.C.
3711(e) governs the release of names
and addresses of any person to
consumer reporting agencies under
certain circumstances.
POLICIES AND PRACTICES FOR STORING,
RETRIEVING, ACCESSING, RETAINING, AND
DISPOSING OF RECORDS IN THE SYSTEM:
STORAGE:
Paper documents, microfilm,
microfiche, and computer storage
media.
RETRIEVABILITY:
These records may be retrieved using
various combinations of name, birth
date, social security number, or
identification number of the individual
on whom the records are maintained.
SAFEGUARDS:
PHYSICAL SECURITY:
Access to these records is restricted to
authorized VA employees, contractors,
or subcontractors on a ‘‘need to know’’
basis. Offices where these records are
maintained are locked after working
hours and are protected from outside
access by the Federal Protective Service,
other security officers, and alarm
systems. Access to computerized
records is restricted to authorized VA
employees, contractors, or
subcontractors by means of unique user
identification and passwords.
RETENTION AND DISPOSAL:
The payroll records are maintained
for the period of the employee’s service
in VA and are then transferred to the
National Personnel Records Center for
storage or, as appropriate, to the next
employing Federal agency. Other
records are either retained at VA for
various lengths of time in accordance
with NARA records schedules or
destroyed when they have served their
purpose or the employee leaves VA.
Records contained in computer
accessible media may be retained
indefinitely as a basis for longitudinal
work history statistical studies. After the
disposition date of related paper-based
payroll records in General Records
Schedules 1 and 2, the records in this
system will not be used in making
decisions concerning employees.
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SYSTEM MANAGER(S) AND ADDRESS:
Deputy Assistant Secretary for
Finance (047), VA Central Office,
Washington, DC 20420.
NOTIFICATION PROCEDURE:
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Individuals seeking information
concerning the existence of a record
pertaining to themselves must submit a
written request to the VA station of
employment. Such request must contain
a reasonable description of the records
requested. In addition, identification of
the individual requesting the
information will be required in the
written request and will consist of the
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requester’s name, signature, address,
and social security number, or other
identifier, as a minimum.
VA uses the self-service application,
MyPay, which is provided by DFAS to
all Federal agencies receiving payroll
services. MyPay provides VA employees
and managers with a way to process
their personal and benefit transactions
without the personal assistance of
human resources or payroll staff. Access
is obtained through the use of the
employee’s social security number and
a personal identification number (PIN).
CONTESTING RECORD PROCEDURE:
RECORD ACCESS PROCEDURE:
[FR Doc. 2012–16167 Filed 6–29–12; 8:45 am]
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See ‘‘Notification Procedure’’ above.
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Current and former VA employees
wishing to request amendment of their
records should contact their current
station of employment. Individuals
must furnish the following for their
records to be located and identified:
Full name, social security number, or
other identifier, and signature.
RECORD SOURCE CATEGORIES:
Information received from employees,
VA officials, other Federal, State, and
local agencies.
BILLING CODE 8320–01–P
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Agencies
[Federal Register Volume 77, Number 127 (Monday, July 2, 2012)]
[Notices]
[Pages 39346-39352]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2012-16167]
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DEPARTMENT OF VETERANS AFFAIRS
Privacy Act of 1974; System of Records
AGENCY: Department of Veterans Affairs.
ACTION: Notice of Amendment of System of Records Notice ``Personnel and
Accounting Integrated Data System''--VA (27VA047).
-----------------------------------------------------------------------
SUMMARY: As required by the Privacy Act of 1974, 5 U.S.C. 552a(e)(4)
notice is hereby given that the Department of Veterans Affairs (VA)
proposes to amend a system of records entitled ``Personnel and
Accounting Integrated Data System''--VA (27VA047). This amendment will
update our Routine Uses of Records Maintained in the System. VA has
changed the title of this System of Record from ``Personnel and
Accounting Pay System''--VA (27VA047) to ``Personnel and Accounting
Integrated Data System''--VA (27VA047). VA is republishing this system
of records in its entirety.
DATES: Written comments mailed to the Department must be postmarked no
later than August 1, 2012, and written comments hand-delivered or
submitted electronically to the Department must be received no later
than 5 p.m. Eastern Time on August 1, 2012. If no public comment is
received during the 30-day public comment period, or unless otherwise
published in the Federal Register by VA, the amended system of records
statement is effective August 1, 2012.
ADDRESSES: Written comments may be submitted through https://www.Regulations.gov; by mail or hand-delivery to the Director,
Regulations Management (02REG), Department of Veterans Affairs, 810
Vermont Avenue NW., Room 1068, Washington, DC 20420; or by fax to (202)
273-9026. Copies of comments received will be
[[Page 39347]]
available for public inspection in the Office of Regulation Policy and
Management, Room 1063B, between the hours of 8 a.m. and 4:30 p.m.,
Monday through Friday (except holidays). Please call (202) 461-4902 for
an appointment. This is not a toll-free number. 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: Karen Barber, Cost and Debt Management
Service (047GC), Department of Veterans Affairs, 810 Vermont Avenue
NW., Washington, DC 20420, Telephone: (202) 461-6432 (this is not a
toll-free number).
SUPPLEMENTARY INFORMATION: Pursuant to the Privacy Act of 1974 (5
U.S.C. 552a) and the Office of Management and Budget (OMB) Circular No.
A-130, VA has conducted a review of its Privacy Act systems of records
notices and has determined that the system of records entitled
``Personnel and Accounting Integrated Data System''--VA needs to be
amended to better identify to the public the types of records that are
maintained by VA, the various methods of retention of these records,
and the purposes for which the records are used, including Routine
uses. VA had determined that several existing Routine uses need to be
modified or revised and new Routine uses are proposed to be added to
this system of records. VA has determined that the release of
information for these purposes is a necessary and proper use of the
information in this system of records and that the new specific Routine
uses for transfer of this information are appropriate.
The majority of the changes will occur in the following sections:
system location, categories of records in the system, Routine uses or
records maintained in the system, including categories of users and the
purpose of such uses, and policies and practices for storing,
retrieving, accessing, retaining, and disposing of records in the
system. Because there are a number of changes, VA is republishing this
system of records in its entirety.
E-Payroll is an initiative that is part of the President's
Management Agenda. Coordinated by OMB and managed by the Office of
Personnel Management (OPM), it is designed to save taxpayers dollars
and to streamline government payroll operations. One of the major goals
is the consolidation of Executive Branch civilian payroll systems into
four e-Payroll providers. These four providers are formed into two
partnerships: (1) the Department of the Interior's National Business
Center (NBC) and the Department of Agriculture's National Finance
Center (NFC), and (2) the Defense Finance and Accounting Service (DFAS)
and General Services Administration (GSA). OMB selected DFAS as the
provider that would process the payroll of VA and other Federal
agencies and will collect and maintain personal information concerning
the individual employees of the agencies that DFAS services. DFAS has
completed the process of migrating client agencies from their existing
payroll system to the DFAS payroll system. Therefore, certain portions
of 27VA047 must be amended to accommodate this migration and
consolidation. Specifically, the ``Systems Location'' must be amended
to include a reference to the collection and maintenance by DFAS of
information concerning VA employees.
We are proposing to amend and establish the following Routine use
disclosures maintained in the system:
Routine use number 1 is overly broad and as currently written may
permit disclosures under conditions not authorized by law. Clarifying
language is added to the end of the Routine use.
Routine use number 2 is modified to include Direct Deposit/
Electronic Funds Transfer (DD/EFT) reference.
Routine use number 9 is modified so that VA will be able to comply
with the requirements of agencies charged with enforcing the law and
investigations of violations or possible violations of law. VA must
also be able to provide information to Federal, State, local, tribal
and foreign agencies charged with protecting the public health as set
forth in law.
Routine use number 11 is revised to clarify when information may be
released to a Federal, State, or local agency conducting a security or
suitability investigation.
Routine use number 15 is revised to better identify situations in
which an individual requests the help of a Member of Congress in
resolving certain issues relating to a matter before VA. The Member of
Congress then responds in writing to VA, and VA in turn must provide
sufficient information in response to the inquiry.
Routine use number 16 is clarified to indicate that the National
Archives and Records Administration (NARA) is responsible for archiving
old records no longer actively used, but which may be appropriate for
preservation. NARA is responsible in general for the maintenance of the
Federal Government's records. VA must be able to turn records over to
NARA in order to determine the proper disposition of such records.
Routine use numbers 18 and 19 are deleted and replaced by a new
Routine use number 18 so that whenever VA is involved in litigation or
an adjudicative or administrative process, or occasionally when another
party is involved in litigation or an adjudicative or administrative
process and VA policies or operations could be affected by the outcome
of the litigation or process, VA will be able to disclose information
to the court, the adjudicative or administrative bodies, or the parties
involved. A determination would be made in each instance that, under
the circumstances involved, the purpose served by the use of the
information in the particular litigation or process is compatible with
a purpose for which VA collects the information. Subsequent Routine
uses are renumbered because of the deletion of the current Routine use
number 19.
Current Routine use number 21 is deleted because legislation
relating to restrictions on the outside professional activities of
certain full-time title 38 health care professionals has been repealed.
Subsequent Routine uses are renumbered as result of this deletion.
Routine use number 22 (former Routine use number 24) is revised
because language relating to reporting individuals who have lost or
surrendered their clinical privileges should refer to ``physicians and
other practitioners,'' rather than ``physicians and dentists.''
Clinical privileges are granted to individuals in other occupations
(e.g., podiatrists and nurse practitioners).
Routine use number 25 (former Routine use number 27) is changed to
refer to ``residents'' only, rather than ``residents and interns.'' The
term ``interns'' is no longer used by VA, the general medical
community, or examining boards.
Routine use numbers 26 and 27 (former Routine use numbers 28 and
29) are revised for clarity.
New Routine use numbers 33, 34, and 35 are added to authorize
release of information to the Department of the Treasury, the
Department of Justice, and other Federal agencies for debt collection
purposes.
On April 26, 1996, Congress passed Public Law 104-134. Among the
provisions of this law was the ``Debt Collection Improvement Act of
1996'' (DCIA), which authorizes and requires several new techniques for
collecting debts. VA and other Federal agencies must now notify the
Department of the Treasury of all delinquent debts over 180 days old so
that Treasury can
[[Page 39348]]
collect these debts through administrative offset from Federal
payments, including tax refunds and salary payments. VA and other
Federal agencies are also required to refer delinquent debts over 180
days old to the Department of the Treasury so that Treasury may attempt
to collect, compromise, or terminate these debts. Treasury may also
refer these debts to other designated Federal debt collection centers,
to the Department of Justice for litigation, or to private collection
agencies. The DCIA also authorizes Federal agencies to sell outstanding
debts.
Routine use numbers 36 and 37 are added to identify information
referred to the Office of Federal Employees' Group Life Insurance and
to health care insurance carriers contracting with OPM under the
Federal Health Benefits Program.
A new Routine use number 38 is added to identify information
transferred to DFAS so that DFAS can effectively process the payroll
for VA employees.
A new Routine use number 39 is added to identify information
transferred to another Federal agency in order for that agency to
conduct a Federal salary offset hearing requested by an indebted VA
employee. Under 5 U.S.C. 5514, an agency is required to provide prior
written notice to an employee-debtor of the agency's intent to initiate
salary offset to collect a debt owed by the employee to the agency. The
agency must also notify the employee of the right to request a hearing
on the existence and amount of the debt, as well as on the offset
schedule. In accordance with 5 U.S.C. 5514(a)(2)(D), the hearing must
be conducted by an impartial hearing official not under the supervision
or control of the creditor agency, unless the hearing official is an
administrative law judge employed by the creditor agency. VA has
contracted with another Federal agency to conduct these hearings for VA
employees and must transfer information pertaining to the employee to
this agency in order to have the hearings conducted.
A new Routine use number 40 is added to enable disclosure to other
Federal agencies in order to assist such agencies in preventing and
detecting possible fraud or abuse by individuals in their operations
and programs.
A new Routine use number 41 is added. VA may, on its own
initiative, disclose any information or records to appropriate
agencies, entities, and persons to respond to a suspected or confirmed
data breach, including the conduct of any risk analysis or provision of
credit protection services.
New Routine use numbers 42, 43, and 44 are added. The three new
Routine uses are added to enable disclosure of information to the Merit
Systems Protection Board (MSPB), the Federal Labor Relations Authority
(FLRA), and the Equal Employment Opportunity Commission (EEOC) in order
for each to address matters within their jurisdiction.
Finally, VA is adding new Routine use number 45. The new Routine
use is added to provide VA information or records to appropriate
Federal Government agencies, upon request, for employee accountability
purposes, during the time of a declared national, state, or local
emergency.
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 VA collected the information. In all of the Routine
use disclosures described above, the recipient of the information will
use the information either in connection with a matter relating to one
of VA's programs, or will use the information to provide a benefit to
VA, or will disclose as required by law.
The notice of intent to publish an advance copy of the system
notice has been sent to the appropriate Congressional committees and to
the Director of the Office of Management and Budget (OMB) as required
by 5 U.S.C. 552a(r) (Privacy Act of 1974) and guidelines issued by OMB
on December 12, 2000 (65 FR 77677).
Approved: June 7, 2012.
John R. Gingrich,
Chief of Staff, Department of Veterans Affairs.
27VA047
SYSTEM NAME:
``Personnel and Accounting Integrated Data System'' --VA
SYSTEM LOCATION:
This system of records is located in the VA Central Office,
Washington, DC; the VA Austin Information Technology Center and VA
Austin Financial Services Center, Austin, Texas; at the facilities of
the Defense Finance and Accounting Service (DFAS) and the Department of
Agriculture's National Finance Center (NFC); at the offices of
contractors and subcontractors; and VA field facilities.
CATEGORIES OF INDIVIDUALS COVERED BY THE SYSTEM:
Individuals covered by the system are all VA employees, except
employees appointed on a without compensation basis, medical or dental
residents who receive their stipends and fringe benefits through full
disbursement agreements, and employees of the VA Office of Inspector
General.
CATEGORIES OF RECORDS IN THE SYSTEM:
These records include, but are not limited to: Name; home address;
social security number (SSN); taxpayer identification number (TIN);
date of birth; grade; race; employing organization; timekeeper number;
salary; pay plan; number of hours worked, including compensatory time;
leave accrual rate, usage, and balances; records related to retirement
and benefit elections; FICA withholdings; Federal, State, and local tax
withholdings; records related to travel expenses and payments; telework
indicator codes; carpool and ridesharing program records (i.e., name,
address, office location at the facility); public transportation
benefit program records; records related to garnishments, deductions,
allotments, and direct deposit/electronic funds transfer (DD/EFT); and
records related to background information investigations.
AUTHORITY FOR MAINTENANCE OF THE SYSTEM:
38 U.S.C. 501(a); 5 U.S.C. Part III, Subparts D and E.
PURPOSE(S):
These records are used to administer the pay, leave, and travel
requirements related to VA employees.
ROUTINE USES OF RECORDS MAINTAINED IN THE SYSTEM, INCLUDING CATEGORIES
OF USERS AND THE PURPOSES OF SUCH USES:
1. To produce and maintain automated human resources and payroll
information, including reports and statistical data, on VA employees
for use by Federal, State, and local agencies and organizations
authorized by law or regulation, to have access to such information.
These records may be disclosed as part of an ongoing computer-matching
program to accomplish these purposes. This Routine use does not
authorize the disclosure of information that must be disclosed under
the criteria contained in 5 U.S.C. 552a(b)(7), (8), and (11).
2. To transfer human resources and payroll information to complete
payroll checks and DD/EFT, bond deductions, and withholding taxes to
DFAS to affect delivery of salary payments to VA employees.
3. Transfer payroll information to the Social Security
Administration in order to credit quarterly posting for social
security.
[[Page 39349]]
4. Transfer withholding tax information to State and/or city
governments to effect payment of taxes to State and/or city governments
and to create W-2s.
5. Transfer retirement record information to the Office of
Personnel Management (OPM) in order to provide a history of service and
retirement deductions.
6. Information and records in this system may be transferred to the
National Archives and Records Administration (NARA) to provide a
history of all salaries, deductions, and time and leave.
7. Transfer unemployment compensation information to State agencies
to compile unemployment compensation data.
8. Transfer personnel data to OPM in order to provide OPM with a
readily accessible major data source for meeting workforce information
needs of OPM, national planning agencies, Congress, the White House,
and the public.
9. VA may disclose on its own initiative any information in this
system, that is relevant to a suspected or reasonably imminent
violation of law, whether civil, criminal, or regulatory in nature and
whether arising by general or program statute or by regulation, rule,
or order issued pursuant thereto, to a Federal, State, local, tribal,
or foreign agency charged with the responsibility of investigating or
prosecuting such violation, or charged with enforcing or implementing
the statute, regulation, rule, or order. VA may also disclose on its
own initiative the names and addresses of veterans and their dependants
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.
10. A record from this system of records may be disclosed as a
``routine use'' to a Federal, State, or local agency, or to a non-
governmental organization maintaining civil, criminal, or other
relevant information, such as current licenses, registration, or
certification, if necessary to obtain information relevant to an agency
decision concerning the hiring or retention of an employee, the use of
an individual as a consultant, attending or to provide fee basis health
care, the issuance of a security clearance, the letting of a contract,
or the issuance of a license, grant, or other benefits. These records
may also be disclosed as part of an ongoing computer matching program
to accomplish these purposes.
11. A record from this system of records may be disclosed to a
Federal, State, or local agency in response to its request, in
connection with the hiring and retention of an employee, the issuance
of a security clearance, the conducting of a security or suitability
investigation of an individual, the letting of a contract or the
issuance of a license, grant or other benefit by the requesting agency,
to the extent that the information is relevant and necessary to the
requesting agency's decision on the matter.
12. Relevant information from this system of records, including the
nature and amount of a financial obligation, may be disclosed as a
``routine use'', in order to assist VA in the collection of unpaid
financial obligations owed to VA, to a debtor's employing agency or
commanding officer so that the debtor-employee may be counseled by his
or her Federal employer or commanding officer. This purpose is
consistent with the Government-wide debt collection standards set forth
at 31 U.S.C. chapter 37, subchapters I and II, 31 CFR parts 900-904,
and VA regulations 38 CFR 1.900-1.954.
13. To provide State and local taxing authorities employee names,
home addresses, social security numbers, gross compensation paid for a
given period, taxes withheld for the benefit of the recipient
jurisdiction or other jurisdictions, according to the provisions of
State and/or local law.
14. Relevant information from this system of records, including
available identifying data regarding the debtor, such as name of
debtor, last known address of debtor, social security number of debtor,
place and date of birth of debtor, name and address of debtor's
employer or firm, and dates of employment, may be disclosed to other
Federal agencies, State probate courts, State drivers' license bureaus,
and State automobile title and license bureaus as a ``routine use'' in
order to obtain current address, locator and credit report assistance
in the collection of unpaid financial obligations owed to the U.S. This
purpose is consistent with the Government-wide debt collection
standards set forth at 38 U.S.C., chapter 37, subchapters I and II, 31
CFR parts 900-904, and VA regulations 38 CFR 1.900-1.954.
15. The record of an individual who is covered by this system 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.
16. Information and records in this system may be disclosed to NARA
in records management inspections conducted under the authority of
title 44 U.S.C.
17. The name and general geographic location where an employee
resides (not specific home address) may be disclosed by the facility
Employee Transportation Coordinator to other employees in order to
promote the car/vanpooling and ridesharing program established in
accordance with Executive Order 12191 and to enable VA to verify
membership in car and vanpools.
18. 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.
19. The name of the employee, social security number, beginning and
ending pay period dates, the number of hours worked during a given pay
period, the gross salary and duty station may be disclosed to the
Department of Labor's (DOL) Office of Inspector General (IG) in order
for DOL IG to conduct a computer match of these records with various
State unemployment benefit files. The purpose of this computer-matching
program will be to determine if Federal employees have been properly
drawing State unemployment benefit payments. These payments are
ultimately reimbursed to the State by the Federal Government.
20. Records from this system of records may be disclosed to a
Federal, State, or local government agency or licensing board and/or to
the Federation of State Medical Boards or a similar nongovernment
entity. These entities maintain records concerning an individual's
employment or practice histories or concerning the issuance, retention,
or revocation of licenses, certifications, or registration necessary to
practice an occupation, profession or specialty. Disclosures may be
made in order for the agency to obtain
[[Page 39350]]
information determined relevant to an agency decision concerning the
hiring, retention, or termination of an employee. Disclosures may also
be made to inform a Federal agency or licensing boards or the
appropriate nongovernment entities about the health care practices of a
terminated, resigned, or retired health care employee whose
professional health care activity so significantly failed to conform to
generally accepted standards of professional medical practice as to
raise reasonable concern for the health and safety of patients. These
records may also be disclosed as part of an ongoing computer-matching
program to accomplish these purposes.
21. Any information in this system of records may be disclosed to
any State, local, or foreign civil or criminal law enforcement
governmental agency or instrumentality charged under applicable law
with the protection of the public health or safety for the purpose of
protecting public health or safety if qualified representatives of such
agency or instrumentality has made a written request that such
information be provided in order to meet a statutory reporting
requirement.
22. Relevant information from this system of records may be
disclosed to the National Practitioner Data Bank and/or State Licensing
Board in the State(s) in which a practitioner is licensed, in which the
VA facility is located, and/or in which an act or omission occurred
upon which a medical malpractice claim was based when VA reports
information concerning: (1) Any payment for the benefit of a physician
or other licensed health care practitioner which was made as the result
of a settlement or judgment of a claim of medical malpractice if an
appropriate determination is made in accordance with agency policy that
payment was related to substandard care, professional incompetence or
professional misconduct on the part of the individual; (2) a final
decision which relates to possible incompetence or improper
professional conduct that adversely affects the clinical privileges of
a physician or other licensed health care practitioner for a period
longer than 30 days; or (3) the acceptance of the surrender of clinical
privilege or any restriction of such privileges by a physician or other
licensed health care practitioner either while under investigation by
the health care entity relating to possible incompetence or improper
professional conduct, or in return for not conducting such an
investigation or proceeding. These records may also be disclosed as
part of a computer-matching program to accomplish these purposes.
23. Any information in this system may be disclosed to the
Department of the Treasury, Internal Revenue Service (IRS), where
required by law or regulation to report withholding information and to
affect payment of taxes withheld to IRS and to create W-2s.
24. Relevant information from this system of records, including
social security number, date of birth, home address, and the amount of
contributions, interfund transfers, or other financial information may
be disclosed to the Federal Retirement Thrift Investment Board in order
to effect employee participation in the Thrift Savings Plan.
25. Relevant information from this system of records concerning
residents employed at VA Medical Centers, including names, social
security numbers, occupational titles, and dates of service, may be
disclosed to the Health Care Financing Administration (HCFA) as part of
an ongoing computer-matching program. The purpose of this computer-
matching program is to help ensure that no resident is counted as more
than one full-time equivalent in accordance with program regulations
governing Medicare education costs.
26. Information from this system of records may be disclosed in
response to legal processes, including interrogatories, served on the
agency in connection with garnishment proceedings against current or
former VA employees under 5 U.S.C. 5520a.
27. Disclosure of relevant information may be made to individuals,
organizations, private or public agencies, or other agencies 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.
28. The names, social security numbers, home addresses, dates of
birth, dates of hire, quarterly earnings, employer identifying
information, and State of hire of employees may be disclosed to the
Office of Child Support Enforcement, Administration for Children and
Families, Department of Health and Human Services Federal Parent
Locator System (FPLS) for the purpose of locating individuals to
establish paternity, establishing and modifying orders of child
support, identifying sources of income, and for other child support
enforcement actions as required by the Personal Responsibility and Work
Opportunity Reconciliation Act (Welfare Reform Law, Pub. L. 104-193).
29. Information from this system of records may be released to the
Social Security Administration for verifying social security numbers in
connection with the operation of the FPLS by the Office of Child
Support Enforcement.
30. Information from this system of records may be released to the
Department of the Treasury for purposes of administering the Earned
Income Tax Credit Program (Section 32, Internal Revenue Code of 1986)
and verifying a claim with respect to employment in a tax return.
31. To disclose information to the FLRA (including its General
Counsel) when requested in connection with the investigation and
resolution of allegations of unfair labor practices, in connection with
the resolution of exceptions to arbitrator awards when a question of
material fact is raised, in connection with matters before the Federal
Service Impasses Panel, and to investigate representation petitions and
conduct or supervise representation elections.
32. VA may disclose information from this system of records to a
court, administrative entity, or custodial parent of a child in order
to provide documentation of payroll deductions for child healthcare
insurance coverage in accordance with a court or administrative order
as required by 5 U.S.C. 8905(h), as enacted by Public Law 106-394, and
in accordance with the procedures stated in the applicable Office of
Personnel Management Benefits Administration and Payroll Office
Letters. VA may also disclose information from this system of records
to healthcare insurance carriers in order to enroll employees and their
children in healthcare insurance plans in accordance with Public Law
106-394.
33. Any information in this system of records may be disclosed to
the Secretary of the Treasury, or to any designated Government
disbursing official, for the purpose of conducting administrative
offset of any eligible Federal payments in order to collect debts owed
to the United States under the authority set forth in 31 U.S.C. 3716.
Tax refund and Federal salary payments may be included in those Federal
payments eligible for administrative offset.
34. Any information in this system of records concerning a
delinquent debt may be disclosed to the Secretary of the Treasury for
appropriate collection or termination action, including the transfer of
the indebtedness for collection or termination, in accordance with 31
U.S.C. 3711(g)(4), to DFAS, to
[[Page 39351]]
a debt collection center designated by the Secretary of the Treasury,
to a private collection agency, or to the Department of Justice. The
Secretary of the Treasury, through the Department of the Treasury, a
designated debt collection center, a private collection agency, or DoJ,
may take appropriate action on a debt in accordance with the existing
laws under which the debt arose.
35. Any information in this system of records may be disclosed to a
third party purchaser of delinquent debt sold pursuant to the
provisions of 31 U.S.C. 3711(i).
36. To disclose to the Office of Federal Employees' Group Life
Insurance information necessary to verify election, declination, or
waiver of regular and/or optional life insurance coverage or
eligibility for payment of a claim for life insurance.
37. To disclose information to health insurance carriers
contracting with OPM under the Federal Health Benefits Program that is
necessary to identify enrollment in the plan, to verify eligibility for
payment of a claim for health benefits, or to carry out the
coordination or audit of benefits provisions of such contracts.
38. Any information in this system of records, including social
security numbers and home addresses, may be disclosed to DFAS so that
DFAS may process the payment of pay and allowances for VA employees.
39. Any information in this system of records, including social
security numbers, may be disclosed to another Federal agency when that
agency has been requested to conduct a Federal salary offset hearing
under 5 U.S.C. 5514(a)(2)(D) for VA employees.
40. Disclosures 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.
41. 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.
42. VA may disclose information from this system to the Merit
Systems Protection Board (MSPB), or the Office of 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
authorized by law.
43. VA may disclose information from this system to the FLRA,
including its General Counsel, information related to the establishment
of jurisdiction, investigation, and resolution of allegations of unfair
labor practices, or in connection with the resolution of exceptions to
arbitration awards when a question of material fact is raised; for it
to address matters properly before the Federal Services Impasses Panel,
investigate representation petitions, and conduct or supervise
representation elections.
44. VA may disclose information from this system to the Equal
Employment Opportunity Commission (EEOC) when requested in connection
with investigations of alleged or possible discriminatory practices,
examination of Federal affirmative employment programs, or other
functions of the Commission as authorized by law or regulation.
45. VA may disclose information or records from this system to
appropriate Federal Government agencies, upon request, for employee
accountability purposes, during the time of a declared national, state,
or local emergency.
DISCLOSURE TO CONSUMER REPORTING AGENCIES:
Disclosures pursuant to 5 U.S.C. 552a(b)(12), VA may disclose
records from this system of records 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)). The
disclosure is limited to information necessary to establish the
identity of the individual, including name, address, and taxpayer
identification number (social security number), the amount, status and
history of the claim; and the agency or program under which the claim
arose for the sole purpose of allowing the consumer reporting agency to
prepare a commercial credit report. 31 U.S.C. 3711(e) governs the
release of names and addresses of any person to consumer reporting
agencies under certain circumstances.
POLICIES AND PRACTICES FOR STORING, RETRIEVING, ACCESSING, RETAINING,
AND DISPOSING OF RECORDS IN THE SYSTEM:
STORAGE:
Paper documents, microfilm, microfiche, and computer storage media.
RETRIEVABILITY:
These records may be retrieved using various combinations of name,
birth date, social security number, or identification number of the
individual on whom the records are maintained.
SAFEGUARDS:
PHYSICAL SECURITY:
Access to these records is restricted to authorized VA employees,
contractors, or subcontractors on a ``need to know'' basis. Offices
where these records are maintained are locked after working hours and
are protected from outside access by the Federal Protective Service,
other security officers, and alarm systems. Access to computerized
records is restricted to authorized VA employees, contractors, or
subcontractors by means of unique user identification and passwords.
RETENTION AND DISPOSAL:
The payroll records are maintained for the period of the employee's
service in VA and are then transferred to the National Personnel
Records Center for storage or, as appropriate, to the next employing
Federal agency. Other records are either retained at VA for various
lengths of time in accordance with NARA records schedules or destroyed
when they have served their purpose or the employee leaves VA. Records
contained in computer accessible media may be retained indefinitely as
a basis for longitudinal work history statistical studies. After the
disposition date of related paper-based payroll records in General
Records Schedules 1 and 2, the records in this system will not be used
in making decisions concerning employees.
[[Page 39352]]
SYSTEM MANAGER(S) AND ADDRESS:
Deputy Assistant Secretary for Finance (047), VA Central Office,
Washington, DC 20420.
NOTIFICATION PROCEDURE:
Individuals seeking information concerning the existence of a
record pertaining to themselves must submit a written request to the VA
station of employment. Such request must contain a reasonable
description of the records requested. In addition, identification of
the individual requesting the information will be required in the
written request and will consist of the requester's name, signature,
address, and social security number, or other identifier, as a minimum.
VA uses the self-service application, MyPay, which is provided by
DFAS to all Federal agencies receiving payroll services. MyPay provides
VA employees and managers with a way to process their personal and
benefit transactions without the personal assistance of human resources
or payroll staff. Access is obtained through the use of the employee's
social security number and a personal identification number (PIN).
RECORD ACCESS PROCEDURE:
See ``Notification Procedure'' above.
CONTESTING RECORD PROCEDURE:
Current and former VA employees wishing to request amendment of
their records should contact their current station of employment.
Individuals must furnish the following for their records to be located
and identified: Full name, social security number, or other identifier,
and signature.
RECORD SOURCE CATEGORIES:
Information received from employees, VA officials, other Federal,
State, and local agencies.
[FR Doc. 2012-16167 Filed 6-29-12; 8:45 am]
BILLING CODE 8320-01-P