Privacy Act of 1974; System of Records, 35872-35876 [2017-16083]

Download as PDF 35872 Federal Register / Vol. 82, No. 146 / Tuesday, August 1, 2017 / Notices of Venezuela’s Economic and Social Development Bank (BANDES); President of Venezuela’s National Development Fund (FONDEN); Vice Minister of Investment for Development of Venezuela’s Ministry of Economy and Finance; Principal Director of Venezuela’s Foreign Trade Bank (BANCOEX); Principal Director of Venezuela’s National Telephone Company (CANTV); Current or Former Presidential Commissioner to the Joint Chinese Venezuelan Fund; Current or Former Principal Board Member of Venezuela’s National Electric Corporation (CORPOELEC); Former Executive Secretary of Venezuela’s National Development Fund (FONDEN) (individual) [VENEZUELA]. Designated pursuant to section 1(a)(ii)(C) of E.O. 13692 for being a current or former official of the Government of Venezuela. Dated: July 26, 2017. John E. Smith, Director, Office of Foreign Assets Control. [FR Doc. 2017–16136 Filed 7–31–17; 8:45 am] BILLING CODE 4810–AL–P DEPARTMENT OF VETERANS AFFAIRS [OMB Control No. 2900–0818] Agency Information Collection Activity Under OMB Review: VA National Veterans Sports Programs and Special Event Surveys Data Collection Office of Public & Intergovernmental Affairs, Department of Veterans Affairs. ACTION: Notice. AGENCY: In compliance with the Paperwork Reduction Act (PRA) of 1995, this notice announces that the Office of Public Affairs (OPA), Department of Veterans Affairs, will submit the collection of information abstracted below to the Office of Management and Budget (OMB) for review and comment. The PRA submission describes the nature of the information collection and its expected cost and burden and it includes the actual data collection instrument. DATES: Comments must be submitted on or before August 31, 2017. ADDRESSES: Submit written comments on the collection of information through www.Regulations.gov, or to Office of Information and Regulatory Affairs, Office of Management and Budget, Attn: VA Desk Officer; 725 17th St. NW., Washington, DC 20503 or sent through electronic mail to oira_submission@ omb.eop.gov. Please refer to ‘‘OMB mstockstill on DSK30JT082PROD with NOTICES SUMMARY: VerDate Sep<11>2014 20:13 Jul 31, 2017 Jkt 241001 Control No. 2900–0818’’ in any correspondence. Estimated Number of Respondents: 2275. FOR FURTHER INFORMATION CONTACT: By direction of the Secretary. Cynthia Harvey-Pryor, Department Clearance Officer, Office of Quality and Compliance, Department of Veterans Affairs. Cynthia Harvey-Pryor, Enterprise Records Service (005R1B), Department of Veterans Affairs, 810 Vermont Avenue NW., Washington, DC 20420, (202) 461–5870 or email cynthia.harveypryor@va.gov. Please refer to ‘‘OMB Control No. 2900–0818’’ in any correspondence. SUPPLEMENTARY INFORMATION: Authority: Public Law 104–13; 44 U.S.C. 3501–3521. Titles: VA National Veterans Sports Programs and Special Event Surveys. OMB Control Number: 2900–0818. Type of Review: Extension without change. Abstract: The Department of Veterans Affairs (VA) administers National Rehabilitation Special Events for Veterans who are receiving care at VA medical facilities. Each event promotes the healing of body and spirit by motivating Veterans to reach their full potential, improve their independence, and achieve a healthier lifestyle and higher quality of life. Surveys are designed to allow program improvement and measure the tangible, quantifiable benefits of the events using event applications. Information collection is used for the planning, distribution and utilization of resources and to allocate clinical and administrative support to patient treatment services. An agency may not conduct or sponsor, and a person is not required to respond to a collection of information unless it displays a currently valid OMB control number. The Federal Register Notice with a 60-day comment period soliciting comments on this collection of information was published at 82 FR 96 on May 19, 2017, page 23135. Affected Public: Individuals or households. Estimated Annual Burden: 2,782 burden hours. Estimated Average Burden per Respondent: 2.552 minutes. (a) National Disabled Veterans Winter Sports Clinic, VA Form 10107 (2.5 min.) (b) National Veterans Creative Arts Festival, VA Form 10108 (2.25 min.) (c) National Veterans Golden Age Games, VA Form 10109 (2.5 min.) (d) National Veterans Summer Sports Clinic, VA Form 10110 (2.25 min.) (e) National Veterans TEE Tournament, VA Form 10111 (2.75 min.) (f) National Veterans Wheelchair Games, VA Form 10112 (2.75 min.) Frequency of Response: 28.75 (annual). PO 00000 Frm 00130 Fmt 4703 Sfmt 4703 [FR Doc. 2017–16124 Filed 7–31–17; 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 to system of records—Department of Veterans Affairs Federal Docket Management System Commenter Information (VAFDMS—Commenter Info)— (140VA00REG). AGENCY: ACTION: Pursuant to the provisions of the Privacy Act, notice is hereby given that the Department of Veterans Affairs (VA) is amending the system of records currently entitled, ‘‘Department of Veterans Affairs Federal Docket Management System (VAFDMS— Commenter Info)—(140VA02REG)’’ as set forth in the Federal Register on March 3, 2015. VA is amending the system name, clarifying storage location, and updating the address for notification and record access procedures. VA is republishing the system notice in its entirety. DATES: Comments on the amendment of this system of records must be received no later than August 31, 2017. If no public comment is received, the new system will become effective August 31, 2017. ADDRESSES: Written comments concerning the modified system of records may be submitted through www.Regulations.gov; by mail or handdelivery to the Director, Regulations Management (00REG), Department of Veterans Affairs, 810 Vermont Avenue NW., Room 1068, Washington, DC 20420; or by fax to (202) 273–9026. (This is not a toll-free telephone number.) Comments should indicate that they are submitted in response to the amendment of ‘‘Department of Veterans Affairs Federal Docket Management System (VAFDMS)— (140VA00REG).’’ Copies of comments received will be available for public inspection in the Office of Regulation Policy and Management, Room 1063B, between the hours of 8 a.m. and 4:30 p.m., Monday through Friday (except holidays). Please call (202) 461–4902 for an appointment. (This is not a toll-free SUMMARY: E:\FR\FM\01AUN1.SGM 01AUN1 Federal Register / Vol. 82, No. 146 / Tuesday, August 1, 2017 / Notices mstockstill on DSK30JT082PROD with NOTICES telephone number.) In addition, comments may be viewed online at www.Regulations.gov. FOR FURTHER INFORMATION CONTACT: Jeffrey M. Martin, Privacy Officer, Office of Regulation Policy and Management (00REG), Office of the General Counsel, Department of Veterans Affairs, 810 Vermont Avenue NW., Washington, DC 20420, (202) 461–4902. SUPPLEMENTARY INFORMATION: A Notice of Establishment of New System of Records was published in the Federal Register on February 9, 2007 (72 FR 6315), and amended on March 25, 2008 (73 FR 15856) and further amended on March 3, 2015 (80 FR 11525). I. Description of the System of Records The Department of Veterans Affairs Federal Docket Management System (VAFDMS) serves as a central, electronic repository for VA rulemaking and non-rulemaking dockets including Federal Register rules, notices, supporting materials such as scientific and economic analyses, and public comments. The portion of VAFDMS information that comes under the Privacy Act is personal identifying information (name and contact address/ email address). This information permits VA to identify individuals who have submitted comments in response to VA rulemaking documents or notices so that communications or other actions, as appropriate and necessary, can be effected, such as clarification of the comment, direct response to a comment, and other activities associated with the rulemaking or notice process. Identification is possible only if the individual voluntarily provides identifying information when submitting a comment. If such information is not furnished, the submitted comments and/or supporting documentation cannot be linked to an individual. 00REG’s Management will review each incoming public submission and determine whether it is a public comment under the Administrative Procedure Act (APA) or a non-comment (which may include comments relating only to personal issues outside the scope of the rulemaking, comments from VA employees in accordance with the guidance below, and comments that were received by VA after the due date stated in the proposed rule (late comments). The Office of Regulation Policy and Management’s longstanding policy provides in part that it will not consider comments from VA employees as public comments unless they were submitted on their off-duty time in a private (vs VerDate Sep<11>2014 20:13 Jul 31, 2017 Jkt 241001 employment) capacity. Thus, comments that include a VA email and/or mailing address as part of the contact information are not treated as public comments. In addition, comments that indicate that they are made in a VA employee’s official capacity are not treated as public comments. Even though these comments will not be treated as public comments, they will be provided to the VA program office for consideration. On the other hand, a comment from a VA employee that does not purport to be a comment given in an official VA capacity or to provide an official VA view, and that does not give a VA email or mailing address as part of the contact information, will be treated as a public comment, although it provides factual information relating to the commenter’s VA employment. VAFDMS permits members of the public to search posted public comments received by name of the individual submitting the comment on the www.Regulations.gov Web site. All the contents of posted comments are searchable. Unless the individual submits the comment anonymously, a name search will result in the comment being displayed for view. If the comment is submitted electronically using www.Regulations.gov, the viewed comment will not include the name of the submitter or any other identifying information about the individual except the information that the submitter has opted to include as part of his or her general comment. If a comment is submitted in writing, the information scanned and uploaded into VAFDMS will contain the submitter’s name, unless the individual submits the comment anonymously. All comments received will become a matter of public record and will be posted without change to www.regulations.gov including any personal information provided. Comments submitted on behalf of organizations in writing that have to be scanned and uploaded into VAFDMS will not be redacted. II. Amendments to System Name VA is renaming the system of records to reflect the categories of individuals on whom information is maintained. Thus ‘‘Department of Veterans Affairs Federal Docket Management System (VAFDMS)—(140VA02REG)’’ is renamed as, ‘‘Department of Veterans Affairs Federal Docket Management System Commenter Information (VAFDMS—Commenter Info)— (140VA00REG)’’. PO 00000 Frm 00131 Fmt 4703 Sfmt 4703 35873 III. Amendment to Storage VA is providing greater detail as to where records are stored. IV. Update to the Address for Notification and Record Access Procedures VA is correcting the mailbox for the office in the address for notification and record access procedures from 02REG to 00REG. 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), as amended, and guidelines issued by OMB published at 65 FR 77677 on December 12, 2000. Signing Authority The Secretary of Veterans Affairs, or designee, approved this document and authorized the undersigned to sign and submit the document to the Office of the Federal Register for publication electronically as an official document of the Department of Veterans Affairs. Gina S. Farrisee, Deputy Chief of Staff, Department of Veterans Affairs, approved this document on June 23, 2017 for publication. Dated: July 26, 2017. Kathleen M. Manwell, Program Analyst, VA Privacy Service, Office of Privacy Information and Identity Protection, Department of Veterans Affairs. 140VA00REG SYSTEM NAME: Department of Veterans Affairs Federal Docket Management System Commenter Information (VAFDMS— Commenter Info). SECURITY CLASSIFICATION: Unclassified. SYSTEM LOCATION: Primary location: Electronic records are kept at the U.S. Environmental Protection Agency, Research Triangle Park, NC 27711–0001. Secondary location: Duplicate electronic records are kept at Department of Veterans Affairs, 810 Vermont Avenue NW., Washington, DC 20420. SYSTEM MANAGER(S) AND ADDRESSES: Jeffrey M. Martin, Privacy Officer, Office of Regulation Policy and Management (00REG), Department of Veterans Affairs, 810 Vermont Ave. NW., Washington, DC 20420; telephone (202) 461–4902. E:\FR\FM\01AUN1.SGM 01AUN1 35874 Federal Register / Vol. 82, No. 146 / Tuesday, August 1, 2017 / Notices AUTHORITY FOR MAINTENANCE OF THE SYSTEM: 44 U.S.C. 3501, Note; Sec. 206(d), Public Law 107–347; 5 U.S.C. 301, 552, 552a, and 553. PURPOSE: To permit the Department of Veterans Affairs (VA) to identify individuals who have submitted comments in response to VA rulemaking documents or notices, so that communications or other actions, as appropriate and necessary, can be effected, such as to seek clarification of the comment, to directly respond to a comment, and for other activities associated with the rulemaking or notice process. CATEGORIES OF INDIVIDUALS COVERED BY THE SYSTEM: Individuals who voluntarily provide personal contact information when submitting a public comment and/or supporting materials in response to a Department of Veterans Affairs rulemaking document or notice. CATEGORIES OF RECORDS IN THE SYSTEM: Full name, postal address, email address, phone and fax numbers of the individual submitting comments, the name of the organization or individual that the individual represents (if any), and the comments, as well as other supporting documentation, furnished by the individual. Comments may include personal information about the commenter. RECORD SOURCE CATEGORIES: Individuals; public or private organizations. mstockstill on DSK30JT082PROD with NOTICES ROUTINE USES OF RECORDS MAINTAINED IN THE SYSTEM, INCLUDING CATEGORIES OF USERS AND THE PUROSES OF SUCH USES: 1. Congress: VA may disclose information from the record of an individual in response to an inquiry from the congressional office made at the request of that individual. VA must be able to provide information about individuals to adequately respond to inquiries from Members of Congress at the request of constituents who have sought their assistance. 2. Data breach response and remedial efforts: VA may, on its own initiative, disclose information from this system 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, VerDate Sep<11>2014 20:13 Jul 31, 2017 Jkt 241001 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. a. Effective Response. A federal agency’s ability to respond quickly and effectively in the event of a breach of federal data is critical to its efforts to prevent or minimize any consequent harm. An effective response necessitates disclosure of information regarding the breach to those individuals affected by it, as well as to persons and entities in a position to cooperate, either by assisting in notification to affected individuals or playing a role in preventing or minimizing harms from the breach. b. Disclosure of Information. Often, the information to be disclosed to such persons and entities is maintained by federal agencies and is subject to the Privacy Act (5 U.S.C. 552a). The Privacy Act prohibits the disclosure of any record in a system of records by any means of communication to any person or agency absent the written consent of the subject individual, unless the disclosure falls within one of twelve statutory exceptions. In order to ensure an agency is in the best position to respond in a timely and effective manner, in accordance with 5 U.S.C. 552a(b)(3) of the Privacy Act, agencies should publish a routine use for appropriate systems specifically applying to the disclosure of information in connection with response and remedial efforts in the event of a data breach. 3. Data breach response and remedial efforts with another Federal agency VA may, on its own initiative, disclose information from this system to another Federal agency or Federal entity, when VA determines that information from this system of records is reasonably necessary to assist the recipient agency or entity in (1) responding to a suspected or confirmed breach or (2) preventing, minimizing, or remedying the risk of harm to individuals, the PO 00000 Frm 00132 Fmt 4703 Sfmt 4703 recipient agency or entity (including its information systems, programs, and operations), the Federal Government, or national security, resulting from a suspected or confirmed breach. 4. Law Enforcement: VA may, on its own initiative, disclose information in this system, except the names and home addresses of veterans and their dependents, which is relevant to a suspected or reasonably imminent violation of law, whether civil, criminal or regulatory in nature and whether arising by general or program statute or by regulation, rule or order issued pursuant thereto, to a Federal, state, local, tribal, or foreign agency charged with the responsibility of investigating or prosecuting such violation, or charged with enforcing or implementing the statute, regulation, rule or order. On its own initiative, VA may also disclose the names and addresses of veterans and their dependents to a Federal agency charged with the responsibility of investigating or prosecuting civil, criminal or regulatory violations of law, or charged with enforcing or implementing the statute, regulation, rule or order issued pursuant thereto. VA must be able to provide on its own initiative information that pertains to a violation of laws to law enforcement authorities in order for them to investigate and enforce those laws. Under 38 U.S.C. 5701(a) and (f), VA may 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). 5. Litigation: VA may disclose information from this system of records to the Department of Justice (DoJ), either on VA’s initiative or in response to DoJ’s request for the information, after either VA or DoJ determines that such information is relevant to DoJ’s representation of the United States or any of its components in legal proceedings before a court or adjudicative body, provided that, in each case, the agency also determines prior to disclosure that release of the records to the DoJ is a use of the information contained in the records that is compatible with the purpose for which VA collected the records. VA, on its own initiative, may disclose records in this system of records in legal proceedings before a court or administrative body after determining that the disclosure of the records to the court or administrative body is a use of the information contained in the records E:\FR\FM\01AUN1.SGM 01AUN1 mstockstill on DSK30JT082PROD with NOTICES Federal Register / Vol. 82, No. 146 / Tuesday, August 1, 2017 / Notices that is compatible with the purpose for which VA collected the records. To determine whether to disclose records under this routine use, VA will comply with the guidance promulgated by the Office of Management and Budget in a May 24, 1985, memorandum entitled ‘‘Privacy Act Guidance— Update,’’ currently posted at http:// www.whitehouse.gov/omb/inforeg/ guidance1985.pdf. 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, 78–85 (D.C. Cir. 1985) and Doe v. Stephens, 851 F.2d 1457, 1465–67 (D.C. Cir. 1988). 6. Contractors: VA may disclose information from this system of records to individuals, organizations, private or public agencies, or other entities or individuals with whom VA has a contract or agreement to perform such services as VA may deem practicable for the purposes of laws administered by VA, in order for the contractor, subcontractor, public or private agency, or other entity or individual with whom VA has a contract or agreement to perform services under the contract or agreement. This routine use includes disclosures by an individual or entity performing services for VA to any secondary entity or individual to perform an activity that is necessary for individuals, organizations, private or public agencies, or other entities or individuals with whom VA has a contract or agreement to provide the service to VA. This routine use, which also applies to agreements that do not qualify as contracts defined by Federal procurement laws and regulations, is consistent with OMB guidance in OMB Circular A–130, App. I, paragraph 5a(1)(b) that agencies promulgate routine uses to address disclosure of Privacy Act-protected information to contractors in order to perform the services contracts for the agency. 7. Equal Employment Opportunity Commission (EEOC): VA may disclose information from this system to the EEOC when requested in connection with investigations of alleged or possible discriminatory practices, VerDate Sep<11>2014 20:13 Jul 31, 2017 Jkt 241001 examination of Federal affirmative employment programs, or other functions of the Commission as authorized by law or regulation. VA must be able to provide information to EEOC to assist it in fulfilling its duties to protect employees’ rights, as required by statute and regulation. 8. Federal Labor Relations Authority (FLRA): 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. VA must be able to provide information to FLRA to comply with the statutory mandate under which it operates. 9. Merit Systems Protection Board (MSPB): VA may disclose information from this system to the MSPB, or the Office of the Special Counsel, when requested in connection with appeals, special studies of the civil service and other merit systems, review of rules and regulations, investigation of alleged or possible prohibited personnel practices, and such other functions promulgated in 5 U.S.C. 1205 and 1206, or as authorized by law. VA must be able to provide information to MSPB to assist it in fulfilling its duties as required by statute and regulation. 10. National Archives and Records Administration (NARA) and General Services Administration (GSA): VA may disclose information from this system to NARA and GSA in records management inspections conducted under title 44, U.S.C. NARA is responsible for archiving old records which are no longer actively used but may be appropriate for preservation, and for the physical maintenance of the Federal government’s records. VA must be able to provide the records to NARA in order to determine the proper disposition of such records. 35875 which are by: Name, Agency, Docket Type, Docket Sub-Type, Agency Docket ID, Docket Title, Docket Category, Document Type, CFR Part, Date Comment Received, and Federal Register Published Date. POLICIES AND PRACTICES FOR RETENTION AND DISPOSAL OF RECORDS: Records will be maintained and disposed of, in accordance with records disposition authority, approved by the Archivist of the United States. PHYSICAL, PROCEDURAL, AND ADMINISTRATIVE SAFEGUARDS: Electronic records are maintained in a secure, password protected, electronic system that utilizes security hardware and software to include: multiple firewalls, active intruder detection, and role-based access controls. Access to electronic records is limited to those officials who require the records to perform their official duties consistent with the purpose for which the information was collected. All personnel whose official duties require access to the information are trained in the proper safeguarding and use of the information. RECORD ACCESS PROCEDURES: Individuals seeking to access or contest the contents of records, about themselves, contained in this System of Records should address a written request, including full name, address and telephone number to the Office of Regulation Policy and Management (00REG), Department of Veterans Affairs, 810 Vermont Ave. NW., Washington, DC 20420. CONTESTING RECORD PROCEDURE: See Record Access Procedure above. NOTIFICATION PROCEDURES: Individuals seeking to determine whether this System of Records contains information about them should address written inquiries to the Office of Regulation Policy and Management (00REG), Department of Veterans Affairs, 810 Vermont Ave. NW., Washington, DC 20420. Requests should contain the full name, address and telephone number of the individual making the inquiry. EXEMPTIONS PROMULGATED FOR THE SYSTEM: POLICIES AND PRACTICES FOR STORAGE OF RECORDS: There are no exemptions being claimed for this system. Records are maintained electronically. See System Location. HISTORY: POLICIES AND PRACTICES FOR RETRIEVAL OF RECORDS: Records are retrieved by various data elements and key word searches, among PO 00000 Frm 00133 Fmt 4703 Sfmt 4703 A Notice of Establishment of New System of Records was published in the Federal Register on February 9, 2007 (72 FR 6315), and amended on March 25, 2008 (73 FR 15856) and further E:\FR\FM\01AUN1.SGM 01AUN1 35876 Federal Register / Vol. 82, No. 146 / Tuesday, August 1, 2017 / Notices amended on March 3, 2015 (80 FR 11525). [FR Doc. 2017–16083 Filed 7–31–17; 8:45 am] BILLING CODE 8320–01–P DEPARTMENT OF VETERANS AFFAIRS [OMB Control No. 2900–0209] Agency Information Collection Activity: Application for Work Study Allowance; Student Work-Study Agreement (Advance Payment); Extended Student Work-Study Agreement; Student Work-Study Agreement Veterans Benefits Administration, Department of Veterans Affairs. ACTION: Notice. AGENCY: Veterans Benefits Administration (VBA), 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 comment in response to the notice. DATES: Written comments and recommendations on the proposed collection of information should be received on or before October 2, 2017. ADDRESSES: Submit written comments on the collection of information through Federal Docket Management System (FDMS) at www.Regulations.gov or to Nancy J. Kessinger, Veterans Benefits Administration (20M33), Department of Veterans Affairs, 810 Vermont Avenue NW., Washington, DC 20420 or email to nancy.kessinger@va.gov. Please refer to ‘‘OMB Control No. 2900–0209,’’ in any correspondence. During the comment period, comments may be viewed online through FDMS. FOR FURTHER INFORMATION CONTACT: Cynthia Harvey-Pryor at (202) 461– 5870. SUMMARY: Under the PRA of 1995, 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, VBA invites comments on: (1) Whether the proposed mstockstill on DSK30JT082PROD with NOTICES SUPPLEMENTARY INFORMATION: VerDate Sep<11>2014 20:13 Jul 31, 2017 Jkt 241001 collection of information is necessary for the proper performance of VBA’s functions, including whether the information will have practical utility; (2) the accuracy of VBA’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. Authority: Section 3485 of title 38, United States Code, and section 21.4145 of title 38, Code of Federal Regulations necessitate these collections of information. Title: Application for Work Study Allowance; Student Work-Study Agreement (Advance Payment); Extended Student Work-Study Agreement; Student Work-Study Agreement VA Forms 22–8691, 22– 8692, 22–8692a, and 22–8692b. OMB Control Number: 2900–0209. Type of Review: Renewal of a currently approved collection. Abstract: VA uses the information collected to determine the individual’s eligibility for the work-study allowance, the number of hours the individual will work, the amount payable, whether the individual desires an advance payment, and whether the individual wants to extend the work-study contract. Affected Public: Individuals and households. Estimated Annual Burden: 17,865 hours. Estimated Average Burden Per Respondent: 15, 5 and 3 = (23) minutes. Frequency of Response: Once. Estimated Number of Respondents: 113,851. By direction of the Secretary. Cynthia Harvey-Pryor, Department Clearance Officer, Office of Privacy and Records Management, Department of Veterans Affairs. [FR Doc. 2017–16123 Filed 7–31–17; 8:45 am] BILLING CODE 8320–01–P DEPARTMENT OF VETERANS AFFAIRS [OMB Control No. 2900–0770] Agency Information Collection Activity Under OMB Review: Generic Clearance for the Collection of Qualitative Feedback on Agency Service Delivery The Department of Veterans Affairs. ACTION: Notice. AGENCY: PO 00000 Frm 00134 Fmt 4703 Sfmt 4703 In compliance with the Paperwork Reduction Act (PRA) of 1995, this notice announces that the Department of Veterans Affairs, will submit the collection of information abstracted below to the Office of Management and Budget (OMB) for review and comment. The PRA submission describes the nature of the information collection and its expected cost and burden and it includes the actual data collection instrument. DATES: Comments must be submitted on or before August 31, 2017. ADDRESSES: Submit written comments on the collection of information through www.Regulations.gov, or to Office of Information and Regulatory Affairs, Office of Management and Budget, Attn: VA Desk Officer; 725 17th St. NW., Washington, DC 20503 or sent through electronic mail to oira_submission@ omb.eop.gov. Please refer to ‘‘OMB Control No. 2900–0770’’ in any correspondence. SUMMARY: FOR FURTHER INFORMATION CONTACT: Cynthia Harvey-Pryor, Enterprise Records Service (005R1B), Department of Veterans Affairs, 810 Vermont Avenue NW., Washington, DC 20420, (202) 461–5870 or email cynthia.harveypryor@va.gov. Please refer to ‘‘OMB Control No. 2900–0770’’ in any correspondence. SUPPLEMENTARY INFORMATION: Authority: Public Law 104–13; 44 U.S.C. 3501–3501. Title: Generic Clearance for the Collection of Qualitative Feedback on Agency Service Delivery. OMB Control Number: 2900–0770. Type of Review: Revision of a currently approved collection. Abstract: The proposed information collection activity provides a means to garner qualitative customer and stakeholder feedback in an efficient, timely manner, in accordance with the Administration’s commitment to improving service delivery. By qualitative feedback we mean information that provides useful insights on perceptions and opinions, but are not statistical surveys that yield quantitative results that can be generalized to the population of study. This feedback will provide insights into customer or stakeholder perceptions, experiences and expectations, provide an early warning of issues with service, or focus attention on areas where communication, training or changes in operations might improve delivery of products or services. These collections will allow for ongoing, collaborative and actionable communications between the Agency and its customers and E:\FR\FM\01AUN1.SGM 01AUN1

Agencies

[Federal Register Volume 82, Number 146 (Tuesday, August 1, 2017)]
[Notices]
[Pages 35872-35876]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2017-16083]


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DEPARTMENT OF VETERANS AFFAIRS


Privacy Act of 1974; System of Records

AGENCY: Department of Veterans Affairs.

ACTION: Notice of amendment to system of records--Department of 
Veterans Affairs Federal Docket Management System Commenter Information 
(VAFDMS--Commenter Info)--(140VA00REG).

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SUMMARY: Pursuant to the provisions of the Privacy Act, notice is 
hereby given that the Department of Veterans Affairs (VA) is amending 
the system of records currently entitled, ``Department of Veterans 
Affairs Federal Docket Management System (VAFDMS--Commenter Info)--
(140VA02REG)'' as set forth in the Federal Register on March 3, 2015. 
VA is amending the system name, clarifying storage location, and 
updating the address for notification and record access procedures. VA 
is republishing the system notice in its entirety.

DATES: Comments on the amendment of this system of records must be 
received no later than August 31, 2017. If no public comment is 
received, the new system will become effective August 31, 2017.

ADDRESSES: Written comments concerning the modified system of records 
may be submitted through www.Regulations.gov; by mail or hand-delivery 
to the Director, Regulations Management (00REG), Department of Veterans 
Affairs, 810 Vermont Avenue NW., Room 1068, Washington, DC 20420; or by 
fax to (202) 273-9026. (This is not a toll-free telephone number.) 
Comments should indicate that they are submitted in response to the 
amendment of ``Department of Veterans Affairs Federal Docket Management 
System (VAFDMS)--(140VA00REG).'' Copies of comments received will be 
available for public inspection in the Office of Regulation Policy and 
Management, Room 1063B, between the hours of 8 a.m. and 4:30 p.m., 
Monday through Friday (except holidays). Please call (202) 461-4902 for 
an appointment. (This is not a toll-free

[[Page 35873]]

telephone number.) In addition, comments may be viewed online at 
www.Regulations.gov.

FOR FURTHER INFORMATION CONTACT: Jeffrey M. Martin, Privacy Officer, 
Office of Regulation Policy and Management (00REG), Office of the 
General Counsel, Department of Veterans Affairs, 810 Vermont Avenue 
NW., Washington, DC 20420, (202) 461-4902.

SUPPLEMENTARY INFORMATION: A Notice of Establishment of New System of 
Records was published in the Federal Register on February 9, 2007 (72 
FR 6315), and amended on March 25, 2008 (73 FR 15856) and further 
amended on March 3, 2015 (80 FR 11525).

I. Description of the System of Records

    The Department of Veterans Affairs Federal Docket Management System 
(VAFDMS) serves as a central, electronic repository for VA rulemaking 
and non-rulemaking dockets including Federal Register rules, notices, 
supporting materials such as scientific and economic analyses, and 
public comments. The portion of VAFDMS information that comes under the 
Privacy Act is personal identifying information (name and contact 
address/email address). This information permits VA to identify 
individuals who have submitted comments in response to VA rulemaking 
documents or notices so that communications or other actions, as 
appropriate and necessary, can be effected, such as clarification of 
the comment, direct response to a comment, and other activities 
associated with the rulemaking or notice process. Identification is 
possible only if the individual voluntarily provides identifying 
information when submitting a comment. If such information is not 
furnished, the submitted comments and/or supporting documentation 
cannot be linked to an individual.
    00REG's Management will review each incoming public submission and 
determine whether it is a public comment under the Administrative 
Procedure Act (APA) or a non-comment (which may include comments 
relating only to personal issues outside the scope of the rulemaking, 
comments from VA employees in accordance with the guidance below, and 
comments that were received by VA after the due date stated in the 
proposed rule (late comments).
    The Office of Regulation Policy and Management's longstanding 
policy provides in part that it will not consider comments from VA 
employees as public comments unless they were submitted on their off-
duty time in a private (vs employment) capacity. Thus, comments that 
include a VA email and/or mailing address as part of the contact 
information are not treated as public comments. In addition, comments 
that indicate that they are made in a VA employee's official capacity 
are not treated as public comments. Even though these comments will not 
be treated as public comments, they will be provided to the VA program 
office for consideration.
    On the other hand, a comment from a VA employee that does not 
purport to be a comment given in an official VA capacity or to provide 
an official VA view, and that does not give a VA email or mailing 
address as part of the contact information, will be treated as a public 
comment, although it provides factual information relating to the 
commenter's VA employment.
    VAFDMS permits members of the public to search posted public 
comments received by name of the individual submitting the comment on 
the www.Regulations.gov Web site. All the contents of posted comments 
are searchable. Unless the individual submits the comment anonymously, 
a name search will result in the comment being displayed for view. If 
the comment is submitted electronically using www.Regulations.gov, the 
viewed comment will not include the name of the submitter or any other 
identifying information about the individual except the information 
that the submitter has opted to include as part of his or her general 
comment. If a comment is submitted in writing, the information scanned 
and uploaded into VAFDMS will contain the submitter's name, unless the 
individual submits the comment anonymously. All comments received will 
become a matter of public record and will be posted without change to 
www.regulations.gov including any personal information provided. 
Comments submitted on behalf of organizations in writing that have to 
be scanned and uploaded into VAFDMS will not be redacted.

II. Amendments to System Name

    VA is renaming the system of records to reflect the categories of 
individuals on whom information is maintained. Thus ``Department of 
Veterans Affairs Federal Docket Management System (VAFDMS)--
(140VA02REG)'' is renamed as, ``Department of Veterans Affairs Federal 
Docket Management System Commenter Information (VAFDMS--Commenter 
Info)--(140VA00REG)''.

III. Amendment to Storage

    VA is providing greater detail as to where records are stored.

IV. Update to the Address for Notification and Record Access Procedures

    VA is correcting the mailbox for the office in the address for 
notification and record access procedures from 02REG to 00REG.
    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), as amended, and guidelines issued by 
OMB published at 65 FR 77677 on December 12, 2000.

Signing Authority

    The Secretary of Veterans Affairs, or designee, approved this 
document and authorized the undersigned to sign and submit the document 
to the Office of the Federal Register for publication electronically as 
an official document of the Department of Veterans Affairs. Gina S. 
Farrisee, Deputy Chief of Staff, Department of Veterans Affairs, 
approved this document on June 23, 2017 for publication.

    Dated: July 26, 2017.
Kathleen M. Manwell,
Program Analyst, VA Privacy Service, Office of Privacy Information and 
Identity Protection, Department of Veterans Affairs.
140VA00REG

SYSTEM NAME:
    Department of Veterans Affairs Federal Docket Management System 
Commenter Information (VAFDMS--Commenter Info).

SECURITY CLASSIFICATION:
    Unclassified.

SYSTEM LOCATION:
    Primary location: Electronic records are kept at the U.S. 
Environmental Protection Agency, Research Triangle Park, NC 27711-0001. 
Secondary location: Duplicate electronic records are kept at Department 
of Veterans Affairs, 810 Vermont Avenue NW., Washington, DC 20420.

SYSTEM MANAGER(S) AND ADDRESSES:
    Jeffrey M. Martin, Privacy Officer, Office of Regulation Policy and 
Management (00REG), Department of Veterans Affairs, 810 Vermont Ave. 
NW., Washington, DC 20420; telephone (202) 461-4902.

[[Page 35874]]

AUTHORITY FOR MAINTENANCE OF THE SYSTEM:
    44 U.S.C. 3501, Note; Sec. 206(d), Public Law 107-347; 5 U.S.C. 
301, 552, 552a, and 553.

PURPOSE:
    To permit the Department of Veterans Affairs (VA) to identify 
individuals who have submitted comments in response to VA rulemaking 
documents or notices, so that communications or other actions, as 
appropriate and necessary, can be effected, such as to seek 
clarification of the comment, to directly respond to a comment, and for 
other activities associated with the rulemaking or notice process.

CATEGORIES OF INDIVIDUALS COVERED BY THE SYSTEM:
    Individuals who voluntarily provide personal contact information 
when submitting a public comment and/or supporting materials in 
response to a Department of Veterans Affairs rulemaking document or 
notice.

CATEGORIES OF RECORDS IN THE SYSTEM:
    Full name, postal address, email address, phone and fax numbers of 
the individual submitting comments, the name of the organization or 
individual that the individual represents (if any), and the comments, 
as well as other supporting documentation, furnished by the individual. 
Comments may include personal information about the commenter.

RECORD SOURCE CATEGORIES:
    Individuals; public or private organizations.

ROUTINE USES OF RECORDS MAINTAINED IN THE SYSTEM, INCLUDING CATEGORIES 
OF USERS AND THE PUROSES OF SUCH USES:
    1. Congress: VA may disclose information from the record of an 
individual in response to an inquiry from the congressional office made 
at the request of that individual.
    VA must be able to provide information about individuals to 
adequately respond to inquiries from Members of Congress at the request 
of constituents who have sought their assistance.
    2. Data breach response and remedial efforts: VA may, on its own 
initiative, disclose information from this system 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.
    a. Effective Response. A federal agency's ability to respond 
quickly and effectively in the event of a breach of federal data is 
critical to its efforts to prevent or minimize any consequent harm. An 
effective response necessitates disclosure of information regarding the 
breach to those individuals affected by it, as well as to persons and 
entities in a position to cooperate, either by assisting in 
notification to affected individuals or playing a role in preventing or 
minimizing harms from the breach.
    b. Disclosure of Information. Often, the information to be 
disclosed to such persons and entities is maintained by federal 
agencies and is subject to the Privacy Act (5 U.S.C. 552a). The Privacy 
Act prohibits the disclosure of any record in a system of records by 
any means of communication to any person or agency absent the written 
consent of the subject individual, unless the disclosure falls within 
one of twelve statutory exceptions. In order to ensure an agency is in 
the best position to respond in a timely and effective manner, in 
accordance with 5 U.S.C. 552a(b)(3) of the Privacy Act, agencies should 
publish a routine use for appropriate systems specifically applying to 
the disclosure of information in connection with response and remedial 
efforts in the event of a data breach.
    3. Data breach response and remedial efforts with another Federal 
agency VA may, on its own initiative, disclose information from this 
system to another Federal agency or Federal entity, when VA determines 
that information from this system of records is reasonably necessary to 
assist the recipient agency or entity in (1) responding to a suspected 
or confirmed breach or (2) preventing, minimizing, or remedying the 
risk of harm to individuals, the recipient agency or entity (including 
its information systems, programs, and operations), the Federal 
Government, or national security, resulting from a suspected or 
confirmed breach.
    4. Law Enforcement: VA may, on its own initiative, disclose 
information in this system, except the names and home addresses of 
veterans and their dependents, which is relevant to a suspected or 
reasonably imminent violation of law, whether civil, criminal or 
regulatory in nature and whether arising by general or program statute 
or by regulation, rule or order issued pursuant thereto, to a Federal, 
state, local, tribal, or foreign agency charged with the responsibility 
of investigating or prosecuting such violation, or charged with 
enforcing or implementing the statute, regulation, rule or order. On 
its own initiative, VA may also disclose the names and addresses of 
veterans and their dependents to a Federal agency charged with the 
responsibility of investigating or prosecuting civil, criminal or 
regulatory violations of law, or charged with enforcing or implementing 
the statute, regulation, rule or order issued pursuant thereto.
    VA must be able to provide on its own initiative information that 
pertains to a violation of laws to law enforcement authorities in order 
for them to investigate and enforce those laws. Under 38 U.S.C. 5701(a) 
and (f), VA may 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).
    5. Litigation: VA may disclose information from this system of 
records to the Department of Justice (DoJ), either on VA's initiative 
or in response to DoJ's request for the information, after either VA or 
DoJ determines that such information is relevant to DoJ's 
representation of the United States or any of its components in legal 
proceedings before a court or adjudicative body, provided that, in each 
case, the agency also determines prior to disclosure that release of 
the records to the DoJ is a use of the information contained in the 
records that is compatible with the purpose for which VA collected the 
records. VA, on its own initiative, may disclose records in this system 
of records in legal proceedings before a court or administrative body 
after determining that the disclosure of the records to the court or 
administrative body is a use of the information contained in the 
records

[[Page 35875]]

that is compatible with the purpose for which VA collected the records.
    To determine whether to disclose records under this routine use, VA 
will comply with the guidance promulgated by the Office of Management 
and Budget in a May 24, 1985, memorandum entitled ``Privacy Act 
Guidance--Update,'' currently posted at http://www.whitehouse.gov/omb/inforeg/guidance1985.pdf.
    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, 78-85 (D.C. Cir. 1985) and 
Doe v. Stephens, 851 F.2d 1457, 1465-67 (D.C. Cir. 1988).
    6. Contractors: VA may disclose information from this system of 
records to individuals, organizations, private or public agencies, or 
other entities or individuals with whom VA has a contract or agreement 
to perform such services as VA may deem practicable for the purposes of 
laws administered by VA, in order for the contractor, subcontractor, 
public or private agency, or other entity or individual with whom VA 
has a contract or agreement to perform services under the contract or 
agreement.
    This routine use includes disclosures by an individual or entity 
performing services for VA to any secondary entity or individual to 
perform an activity that is necessary for individuals, organizations, 
private or public agencies, or other entities or individuals with whom 
VA has a contract or agreement to provide the service to VA.
    This routine use, which also applies to agreements that do not 
qualify as contracts defined by Federal procurement laws and 
regulations, is consistent with OMB guidance in OMB Circular A-130, 
App. I, paragraph 5a(1)(b) that agencies promulgate routine uses to 
address disclosure of Privacy Act-protected information to contractors 
in order to perform the services contracts for the agency.
    7. Equal Employment Opportunity Commission (EEOC): VA may disclose 
information from this system to the 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.
    VA must be able to provide information to EEOC to assist it in 
fulfilling its duties to protect employees' rights, as required by 
statute and regulation.
    8. Federal Labor Relations Authority (FLRA): 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.
    VA must be able to provide information to FLRA to comply with the 
statutory mandate under which it operates.
    9. Merit Systems Protection Board (MSPB): VA may disclose 
information from this system to the MSPB, or the Office of the Special 
Counsel, when requested in connection with appeals, special studies of 
the civil service and other merit systems, review of rules and 
regulations, investigation of alleged or possible prohibited personnel 
practices, and such other functions promulgated in 5 U.S.C. 1205 and 
1206, or as authorized by law.
    VA must be able to provide information to MSPB to assist it in 
fulfilling its duties as required by statute and regulation.
    10. National Archives and Records Administration (NARA) and General 
Services Administration (GSA): VA may disclose information from this 
system to NARA and GSA in records management inspections conducted 
under title 44, U.S.C.
    NARA is responsible for archiving old records which are no longer 
actively used but may be appropriate for preservation, and for the 
physical maintenance of the Federal government's records. VA must be 
able to provide the records to NARA in order to determine the proper 
disposition of such records.

POLICIES AND PRACTICES FOR STORAGE OF RECORDS:
    Records are maintained electronically. See System Location.

POLICIES AND PRACTICES FOR RETRIEVAL OF RECORDS:
    Records are retrieved by various data elements and key word 
searches, among which are by: Name, Agency, Docket Type, Docket Sub-
Type, Agency Docket ID, Docket Title, Docket Category, Document Type, 
CFR Part, Date Comment Received, and Federal Register Published Date.

POLICIES AND PRACTICES FOR RETENTION AND DISPOSAL OF RECORDS:
    Records will be maintained and disposed of, in accordance with 
records disposition authority, approved by the Archivist of the United 
States.

PHYSICAL, PROCEDURAL, AND ADMINISTRATIVE SAFEGUARDS:
    Electronic records are maintained in a secure, password protected, 
electronic system that utilizes security hardware and software to 
include: multiple firewalls, active intruder detection, and role-based 
access controls. Access to electronic records is limited to those 
officials who require the records to perform their official duties 
consistent with the purpose for which the information was collected. 
All personnel whose official duties require access to the information 
are trained in the proper safeguarding and use of the information.

RECORD ACCESS PROCEDURES:
    Individuals seeking to access or contest the contents of records, 
about themselves, contained in this System of Records should address a 
written request, including full name, address and telephone number to 
the Office of Regulation Policy and Management (00REG), Department of 
Veterans Affairs, 810 Vermont Ave. NW., Washington, DC 20420.

CONTESTING RECORD PROCEDURE:
    See Record Access Procedure above.

NOTIFICATION PROCEDURES:
    Individuals seeking to determine whether this System of Records 
contains information about them should address written inquiries to the 
Office of Regulation Policy and Management (00REG), Department of 
Veterans Affairs, 810 Vermont Ave. NW., Washington, DC 20420. Requests 
should contain the full name, address and telephone number of the 
individual making the inquiry.

EXEMPTIONS PROMULGATED FOR THE SYSTEM:
    There are no exemptions being claimed for this system.

HISTORY:
    A Notice of Establishment of New System of Records was published in 
the Federal Register on February 9, 2007 (72 FR 6315), and amended on 
March 25, 2008 (73 FR 15856) and further

[[Page 35876]]

amended on March 3, 2015 (80 FR 11525).
[FR Doc. 2017-16083 Filed 7-31-17; 8:45 am]
 BILLING CODE 8320-01-P