Privacy Act of 1974: System of Records, 64141-64146 [2022-22899]
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Federal Register / Vol. 87, No. 203 / Friday, October 21, 2022 / Notices
are further ways to minimize the burden
of this proposed data collection.
11. Annual Collection: Please provide
your views on whether FIO should
collect this information from U.S.
insurers on an annual basis.
12. Analysis of Availability: Please
provide your views on how FIO should
assess the impact of climate-related
risks on the availability of insurance.
13. Analysis of Affordability: Please
provide your views on how FIO should
assess the impact of climate-related
risks on the affordability of insurance.
14. Additional Comments: Please
provide any additional comments that
may be relevant to FIO’s proposed data
collection and analyses.
Procedural Requirements
Paperwork Reduction Act. The
collection of information contained in
this Request for Comments will be
submitted to the Office of Management
and Budget (OMB) for review as a
revision to OMB Control Number 1505–
NEW under the requirements of the
Paperwork Reduction Act, 44 U.S.C.
3507(d). Comments should be sent to
Treasury in the form discussed in the
ADDRESSES section of this Request for
Comments. Comments on the collection
of information should be received
within December 20, 2022.
Comments are being sought with
respect to the collection of information
in the proposed FIO climate-related data
collection. Treasury specifically invites
comments on: (a) whether the proposed
collection of information is necessary
for the proper performance of the
functions of FIO, including whether the
information shall have practical utility;
(b) ways to enhance the quality, utility,
and clarity of the information collection;
(c) whether the burden estimate is
accurate; and (d) whether there are ways
to minimize the burden, including
through the use of automated collection
techniques or other forms of information
technology.
Dated: October 14, 2022.
Steven E. Seitz,
Director, Federal Insurance Office.
[FR Doc. 2022–22880 Filed 10–20–22; 8:45 am]
BILLING CODE 4810–AK–P
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DEPARTMENT OF VETERANS
AFFAIRS
Privacy Act of 1974: System of
Records
Office of Security and Law
Enforcement, Office of Operations,
Security and Preparedness, Department
of Veterans Affairs (VA).
AGENCY:
VerDate Sep<11>2014
19:08 Oct 20, 2022
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ACTION:
Notice of a modified system of
records.
Pursuant to the Privacy Act of
1974, notice is hereby given that the
Department of Veterans Affairs (VA) is
amending the system of records entitled
‘‘Police and Security Records—VA’’
(103VA07B). VA is amending the
system of records by updating the
following sections: System Name and
Number; System Location; System
Manager(s); Record Source Categories;
Routine Uses of Records Maintained in
the System, Including Categories of
Users and the Purposes of Such Uses;
Policies and Practice for Storage of
Records; Policies and Practices for
Retrieval of Records; Policies and
Practices for Retention and Disposal of
Records; Record Access Procedure;
Contesting Procedure; Notification
Procedure; History. VA is republishing
the system notice in its entirety.
DATES: Comments on this modified
system of records must be received no
later than 30 days after date of
publication in the Federal Register. If
no public comment is received during
the period allowed for comment or
unless otherwise published in the
Federal Register by VA, the modified
system of records will become effective
a minimum of 30 days after date of
publication in the Federal Register. If
VA receives public comments, VA shall
review the comments to determine
whether any changes to the notice are
necessary.
ADDRESSES: Comments may be
submitted through www.Regulations.gov
or mailed to VA Privacy Service, 810
Vermont Avenue NW, (005R1A),
Washington, DC 20420. Comments
should indicate that they are submitted
in response to ‘‘Police and Security
Records—VA’’ (103VA07B). Comments
received will be available at
regulations.gov for public viewing,
inspection or copies.
FOR FURTHER INFORMATION CONTACT:
Michael J. Franklin, Director, Police
Service, 810 Vermont Avenue NW,
Washington, DC 20420. Telephone (202)
461–5544.
SUPPLEMENTARY INFORMATION: The Office
of Security and Law Enforcement
oversees the maintenance of law and
order and the protection of persons and
property on Department property at
facilities nationwide. This amended
system of records covers Veterans, U.S.
government employees, retirees,
volunteers, contractors, subcontractors,
or private citizens involved in certain
Police Services activities at field
facilities and Office of Security and Law
Enforcement activities at VA Central
SUMMARY:
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64141
Office. Records in the system are
maintained electronically and on paper
and are retrieved by the name of the
individual or personal identifier such as
partial or full social security number.
The authority to maintain these records
is Title 38, United States Code (U.S.C.),
Section 501 and 901–905. The records
in this system of records are necessary
for the effective administration and
management of the Department’s
nationwide Security and Law
Enforcement program. This requires the
collection and use of accurate, up-todate data for the purpose of enforcing
the law and protecting persons and
property on VA property in accordance
with Title 38, U.S.C., Chapter 9.
The following routine uses for
information in this system are added or
restate existing uses to this system:
1. Congress
To a Member of Congress or staff
acting upon the Member’s behalf when
the Member or staff requests the
information on behalf of, and at the
request of, the individual who is the
subject of the record.
2. Data Breach Response and
Remediation, for VA
To appropriate agencies, entities, and
persons when (1) VA suspects or has
confirmed that there has been a breach
of the system of records,· (2) VA has
determined that as a result of the
suspected or confirmed breach there is
a risk of harm to individuals, VA
(including its information systems,
programs, and operations), the Federal
Government, or national security; and
(3) the disclosure made to such
agencies, entities, and persons is
reasonably necessary to assist in
connection with VA’s efforts to respond
to the suspected or confirmed breach or
to prevent, minimize, or remedy such
harm.
3. Data Breach Response and
Remediation, for Another Federal
Agency
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.
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Federal Register / Vol. 87, No. 203 / Friday, October 21, 2022 / Notices
4. Law Enforcement
To a Federal, state, local, territorial,
tribal, or foreign law enforcement
authority or other appropriate entity
charged with the responsibility of
investigating or prosecuting such
violation or charged with enforcing or
implementing such law, provided that
the disclosure is limited to information
that, either alone or in conjunction with
other information, indicates a violation
or potential violation of law, whether
civil, criminal, or regulatory in nature.
The disclosure of the names and
addresses of veterans and their
dependents from VA records under this
routine use must also comply with the
provisions of 38 U.S.C. 5701.
5. DoJ, Litigation, Administrative
Proceeding
To the Department of Justice (DoJ), or
in a proceeding before a court,
adjudicative body, or other
administrative body before which VA is
authorized to appear, when:
(a) VA or any component thereof;
(b) Any VA employee in his or her
official capacity;
(c) Any VA employee in his or her
individual capacity where DoJ has
agreed to represent the employee; or
(d) The United States, where VA
determines that litigation is likely to
affect the agency or any of its
components
is a party to such proceedings or has an
interest in such proceedings, and VA
determines that use of such records is
relevant and necessary to the
proceedings.
6. Contractors
To contractors, grantees, experts,
consultants, students, and others
performing or working on a contract,
service, grant, cooperative agreement, or
other assignment for VA, when
reasonably necessary to accomplish an
agency function related to the records.
7. OPM
To the Office of Personnel
Management (OPM) in connection with
the application or effect of civil service
laws, rules, regulations, or OPM
guidelines in particular situations.
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8. EEOC
To the Equal Employment
Opportunity Commission (EEOC) 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.
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9. FLRA
To the Federal Labor Relations
Authority (FLRA) in connection with
the investigation and resolution of
allegations of unfair labor practices, the
resolution of exceptions to arbitration
awards when a question of material fact
is raised, matters before the Federal
Service Impasses Panel, and the
investigation of representation petitions
and the conduct or supervision of
representation elections.
10. MSPB
To the Merit Systems Protection
Board (MSPB) 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.
11. NARA
To the National Archives and Records
Administration (NARA) in records
management inspections conducted
under 44 U.S.C. 2904 and 2906, or other
functions authorized by laws and
policies governing NARA operations
and VA records management
responsibilities.
12. Federal Agencies, for Research
To a Federal agency for the purpose
of conducting research and data analysis
to perform a statutory purpose of that
Federal agency upon the written request
of that agency.
13. Researchers, for Research
To epidemiological and other research
facilities approved by the Under
Secretary for Health for research
purposes determined to be necessary
and proper, provided that the names
and addresses of veterans and their
dependents will not be disclosed unless
those names and addresses are first
provided to VA by the facilities making
the request.
is a party to the judicial or
administrative proceeding.
16. Governmental Agencies, Health
Organizations, for Claimants’ Benefits
To Federal, state, and local
government agencies and national
health organizations as reasonably
necessary to assist in the development
of programs that will be beneficial to
claimants, to protect their rights under
law, and assure that they are receiving
all benefits to which they are entitled.
17. Governmental Agencies, for VA
Hiring, Security Clearance, Contract,
License, Grant
To a Federal, state, local, or other
governmental agency maintaining civil
or criminal violation records, or other
pertinent information, such as
employment history, background
investigations, or personal or
educational background, to obtain
information relevant to VA’s hiring,
transfer, or retention of an employee,
issuance of a security clearance, letting
of a contract, or issuance of a license,
grant, or other benefit. The disclosure of
the names and addresses of veterans and
their dependents from VA records under
this routine use must also comply with
the provisions of 38 U.S.C. 5701.
18. Federal Agencies, for Employment
To a Federal agency, except the
United States Postal Service, or to the
District of Columbia government, in
response to its request, in connection
with that agency’s decision on the
hiring, transfer, or retention of an
employee, the issuance of a security
clearance, the letting of a contract, or
the issuance of a license, grant, or other
benefit by that agency.
14. Federal Agencies, for Computer
Matches
To other federal agencies for the
purpose of conducting computer
matches to obtain information to
determine or verify eligibility of
veterans receiving VA benefits or
medical care under title 38.
19. State or Local Agencies, for
Employment
To a state, local, or other
governmental agency, upon its official
request, as relevant and necessary to
that agency’s decision on the hiring,
transfer, or retention of an employee,
the issuance of a security clearance, the
letting of a contract, or the issuance of
a license, grant, or other benefit by that
agency. The disclosure of the names and
addresses of veterans and their
dependents from VA records under this
routine use must also comply with the
provisions of 38 U.S.C. 5701.
15. Federal Agencies, Courts, Litigants,
for Litigation or Administrative
Proceedings
To another federal agency, court, or
party in litigation before a court or in an
administrative proceeding conducted by
a Federal agency, when the government
20. Federal Agencies, for Recovery of
Medical Care Costs
To Federal agencies and governmentwide third-party insurers responsible for
payment of the cost of medical care for
the identified patients, to seek recovery
of the medical care costs. These records
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Federal Register / Vol. 87, No. 203 / Friday, October 21, 2022 / Notices
Dated: October 18, 2022.
Amy L. Rose,
Program Analyst, VA Privacy Service, Office
of Information Security, Office of Information
and Technology, Department of Veterans
Affairs.
may also be disclosed as part of a
computer matching program to
accomplish this purpose.
21. Law Enforcement, for Locating
Fugitive
To any Federal, state, local, territorial,
tribal, or foreign law enforcement
agency in order to identify, locate, or
report a known fugitive felon, in
compliance with 38 U.S.C. 5313B(d).
SYSTEM NAME AND NUMBER
Police and Security Records—VA
(103VA07B).
SECURITY CLASSIFICATION:
Unclassified.
22. DOD, for Military Mission
To the Department of Defense, or its
components, provided that the
disclosure is limited to information
regarding individuals treated under 38
U.S.C. 8111A, for the purpose deemed
necessary by appropriate military
command authorities to assure proper
execution of the military
23. OMB
To the Office of Management and
Budget (OMB) for the performance of its
statutory responsibilities for evaluating
Federal programs.
24. Federal Register, for Rulemaking
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Signing Authority
The Senior Agency Official for
Privacy, 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. Kurt D. DelBene,
Assistant Secretary for Information and
Technology and Chief Information
Officer, approved this document on
September 8, 2022 for publication.
19:08 Oct 20, 2022
Jkt 259001
VA Police personnel maintains
electronic and paper records at VA field
facilities. Address locations for VA
facilities can be found at https://
www.va.gov.
SYSTEM MANAGER(S):
Conrad Hamp, Director, Law
Enforcement Training Center, 2200 Fort
Roots Drive, B193, North Little Rock,
AR 72114.
AUTHORITY FOR MAINTENANCE OF THE SYSTEM:
38 U.S.C. 501; 38 U.S.C. 901–905.
PURPOSE(S) OF THE SYSTEM:
To make available for public review
comments submitted in response to
VA’s solicitation of public comments as
part of the agency’s notice and
rulemaking activities under the
Administrative Procedure Act (APA),
provided that the disclosure is limited
to information necessary to comply with
the requirements of the APA, if VA
determines that release of personally
identifiable information, such as an
individual’s telephone number, is
integral to the public’s understanding of
the comment submitted.
In accordance with the Privacy Act of
1974, the notice of intent to publish and
an advance copy of the system notice
have been sent to the appropriate
Congressional committees and to the
Director, Office of Management and
Budget.
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SYSTEM LOCATION:
The records and information
contained in this system of records are
necessary for the effective
administration and management of the
Department’s nationwide Security and
Law Enforcement Program. The
collection and use of accurate, up-todate data is necessary for the purpose of
enforcing the law and protecting
persons and property on VA property.
Examples: ID cards are used to visibly
identify employees, contractors,
students, and other designated
individuals from the general public. ID
cards also serve as a means of access
control to a facility. Motor vehicle
registration records serve to accurately
identify the owner of a vehicle and the
suitability of its presence on VA
grounds. These records are also used for
a VA facility’s ride sharing program.
Evidence or confiscated property
records are used to accurately track and
record the chain of custody maintained
by the VA police.
CATEGORIES OF INDIVIDUALS COVERED BY THE
SYSTEM:
Veterans, VA Police officers, U.S.
government employees, retirees,
contractors, subcontractors, volunteers,
and other individuals, including private
citizens, who:
1. Have been a complainant, a
witness, a victim, or a subject of an
investigation of a violation or of an
alleged violation of a law on VA
property;
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64143
2. Have been a witness or a victim
when there has been a VA police
response to a report of a missing patient;
3. Have been witness to, or involved
in, a motor vehicle accident on VA
property;
4. Have been a witness, victim, or
subject when there has been a VA police
response to provide assistance to VA
employees;
5. Have registered a motor vehicle
with VA police;
6. Have had property confiscated by
VA police or whose property has been
given to VA police for safekeeping; or
7. For whom a VA identification card
has been prepared.
CATEGORIES OF RECORDS IN THE SYSTEM:
Police and law enforcement records,
containing specific identification of
persons, can be found in electronic and/
or paper medium:
1. Master Name Index contains
demographic information (i.e., name,
address, date of birth, sex) and
descriptive information such as height,
weight, hair color, eye color, and scars
or marks.
2. Quick Name Check allows for the
immediate retrieval of information
based on a name from files contained
within the law enforcement records
subject to this system of records notice.
3. VA Police Uniform Offense
Reports, Investigative Notes, Case Log,
and other documentation assembled
during an investigation. Incident
Reports contain information of all types
of offenses and incidents, criminal and
non-criminal, that occur at a facility and
to which VA Police respond (e.g.,
criminal investigations, investigative
stops, patient and staff assistance calls,
missing patient searches, and motor
vehicle accidents).
4. All violation information of U.S.
District Court Violation Notices and
Courtesy Warnings issued by VA Police.
5. On-station vehicle registration
records used for identifying vehicle
owners at a facility.
6. Daily Operations Journal records
include names and other personal
identifying information of persons with
whom VA police have had official,
duty-related contact.
7. Photographs of any scenes
pertinent to an incident or investigation;
8. Motor vehicle registrations;
9. Identification cards with
photographic images for veterans, U.S.
government employees, retirees,
volunteers, contractors, subcontractors,
or private citizens;
10. Records of evidence, confiscated
property, or property being held for
safekeeping.
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Federal Register / Vol. 87, No. 203 / Friday, October 21, 2022 / Notices
RECORD SOURCE CATEGORIES:
Information is obtained from
Veterans, VA police officers, U.S.
government employees, retirees,
volunteers, contractors, subcontractors,
other law enforcement agencies, and
private citizens.
ROUTINE USES OF RECORDS MAINTAINED IN THE
SYSTEM, INCLUDING CATEGORIES OF USERS AND
THE PURPOSES OF SUCH USES:
25. Congress
To a Member of Congress or staff
acting upon the Member’s behalf when
the Member or staff requests the
information on behalf of, and at the
request of, the individual who is the
subject of the record.
26. Data Breach Response and
Remediation, for VA
To appropriate agencies, entities, and
persons when (1) VA suspects or has
confirmed that there has been a breach
of the system of records,· (2) VA has
determined that as a result of the
suspected or confirmed breach there is
a risk of harm to individuals, VA
(including its information systems,
programs, and operations), the Federal
Government, or national security; and
(3) the disclosure made to such
agencies, entities, and persons is
reasonably necessary to assist in
connection with VA’s efforts to respond
to the suspected or confirmed breach or
to prevent, minimize, or remedy such
harm.
27. Data Breach Response and
Remediation, for Another Federal Agency
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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.
civil, criminal, or regulatory in nature.
The disclosure of the names and
addresses of veterans and their
dependents from VA records under this
routine use must also comply with the
provisions of 38 U.S.C. 5701.
29. DoJ, Litigation, Administrative
Proceeding
To the Department of Justice (DoJ), or
in a proceeding before a court,
adjudicative body, or other
administrative body before which VA is
authorized to appear, when:
(e) VA or any component thereof;
(f) Any VA employee in his or her
official capacity;
(g) Any VA employee in his or her
individual capacity where DoJ has
agreed to represent the employee; or
(h) The United States, where VA
determines that litigation is likely to
affect the agency or any of its
components
is a party to such proceedings or has
an interest in such proceedings, and VA
determines that use of such records is
relevant and necessary to the
proceedings.
30. Contractors
To contractors, grantees, experts,
consultants, students, and others
performing or working on a contract,
service, grant, cooperative agreement, or
other assignment for VA, when
reasonably necessary to accomplish an
agency function related to the records.
31. OPM
To the Office of Personnel
Management (OPM) in connection with
the application or effect of civil service
laws, rules, regulations, or OPM
guidelines in particular situations.
32. EEOC
To the Equal Employment
Opportunity Commission (EEOC) 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.
28. Law Enforcement
33. FLRA
To a Federal, state, local, territorial,
tribal, or foreign law enforcement
authority or other appropriate entity
charged with the responsibility of
investigating or prosecuting such
violation or charged with enforcing or
implementing such law, provided that
the disclosure is limited to information
that, either alone or in conjunction with
other information, indicates a violation
or potential violation of law, whether
To the Federal Labor Relations
Authority (FLRA) in connection with
the investigation and resolution of
allegations of unfair labor practices, the
resolution of exceptions to arbitration
awards when a question of material fact
is raised, matters before the Federal
Service Impasses Panel, and the
investigation of representation petitions
and the conduct or supervision of
representation elections.
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19:08 Oct 20, 2022
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34. MSPB
To the Merit Systems Protection
Board (MSPB) 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.
35. NARA
To the National Archives and Records
Administration (NARA) in records
management inspections conducted
under 44 U.S.C. 2904 and 2906, or other
functions authorized by laws and
policies governing NARA operations
and VA records management
responsibilities.
36. Federal Agencies, for Research
To a Federal agency for the purpose
of conducting research and data analysis
to perform a statutory purpose of that
Federal agency upon the written request
of that agency.
37. Researchers, for Research
To epidemiological and other research
facilities approved by the Under
Secretary for Health for research
purposes determined to be necessary
and proper, provided that the names
and addresses of veterans and their
dependents will not be disclosed unless
those names and addresses are first
provided to VA by the facilities making
the request.
38. Federal Agencies, for Computer
Matches
To other federal agencies for the
purpose of conducting computer
matches to obtain information to
determine or verify eligibility of
veterans receiving VA benefits or
medical care under title 38.
39. Federal Agencies, Courts, Litigants,
for Litigation or Administrative
Proceedings
To another federal agency, court, or
party in litigation before a court or in an
administrative proceeding conducted by
a Federal agency, when the government
is a party to the judicial or
administrative proceeding.
40. Governmental Agencies, Health
Organizations, for Claimants’ Benefits
To Federal, state, and local
government agencies and national
health organizations as reasonably
necessary to assist in the development
of programs that will be beneficial to
claimants, to protect their rights under
law, and assure that they are receiving
all benefits to which they are entitled.
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Federal Register / Vol. 87, No. 203 / Friday, October 21, 2022 / Notices
41. Governmental Agencies, for VA
Hiring, Security Clearance, Contract,
License, Grant
46. DOD, for Military Mission
To a Federal, state, local, or other
governmental agency maintaining civil
or criminal violation records, or other
pertinent information, such as
employment history, background
investigations, or personal or
educational background, to obtain
information relevant to VA’s hiring,
transfer, or retention of an employee,
issuance of a security clearance, letting
of a contract, or issuance of a license,
grant, or other benefit. The disclosure of
the names and addresses of veterans and
their dependents from VA records under
this routine use must also comply with
the provisions of 38 U.S.C. 5701.
42. Federal Agencies, for Employment
To a Federal agency, except the
United States Postal Service, or to the
District of Columbia government, in
response to its request, in connection
with that agency’s decision on the
hiring, transfer, or retention of an
employee, the issuance of a security
clearance, the letting of a contract, or
the issuance of a license, grant, or other
benefit by that agency.
43. State or Local Agencies, for
Employment
To a state, local, or other
governmental agency, upon its official
request, as relevant and necessary to
that agency’s decision on the hiring,
transfer, or retention of an employee,
the issuance of a security clearance, the
letting of a contract, or the issuance of
a license, grant, or other benefit by that
agency. The disclosure of the names and
addresses of veterans and their
dependents from VA records under this
routine use must also comply with the
provisions of 38 U.S.C. 5701.
44. Federal Agencies, for Recovery of
Medical Care Costs
jspears on DSK121TN23PROD with NOTICES
To Federal agencies and governmentwide third-party insurers responsible for
payment of the cost of medical care for
the identified patients, to seek recovery
of the medical care costs. These records
may also be disclosed as part of a
computer matching program to
accomplish this purpose.
45. Law Enforcement, for Locating
Fugitive
To any Federal, state, local, territorial,
tribal, or foreign law enforcement
agency in order to identify, locate, or
report a known fugitive felon, in
compliance with 38 U.S.C. 5313B(d).
VerDate Sep<11>2014
19:08 Oct 20, 2022
Jkt 259001
To the Department of Defense, or its
components, provided that the
disclosure is limited to information
regarding individuals treated under 38
U.S.C. 8111A, for the purpose deemed
necessary by appropriate military
command authorities to assure proper
execution of the military
64145
used, information access attempts,
frequency and time of use are recorded
and monitored.
RECORD ACCESS PROCEDURES:
Individuals seeking information on
the existence and content of records in
this system pertaining to them should
write, call or visit the VA facility where
the records are maintained.
47. OMB
CONTESTING RECORD PROCEDURES:
To the Office of Management and
Budget (OMB) for the performance of its
statutory responsibilities for evaluating
Federal programs.
Individuals seeking to contest or
amend records in this system pertaining
to them should write, call or visit the
VA facility where the records are
maintained. A request to contest or
amend records must state clearly and
concisely what record is being
contested, the reasons for contesting it,
and the proposed amendment to the
record. A majority of records in this
system are exempt from record access
and amendment provisions of Title 5
U.S.C., Sections 552a(j) and (k). To the
extent that records in this system are not
subject to exemption, individuals may
request access and/or amendment. A
determination as to whether an
exemption applies shall be made at the
time a request for access or contest is
received.
48. Federal Register, for Rulemaking
To make available for public review
comments submitted in response to
VA’s solicitation of public comments as
part of the agency’s notice and
rulemaking activities under the
Administrative Procedure Act (APA),
provided that the disclosure is limited
to information necessary to comply with
the requirements of the APA, if VA
determines that release of personally
identifiable information, such as an
individual’s telephone number, is
integral to the public’s understanding of
the comment submitted.
POLICIES AND PRACTICES FOR STORAGE OF
RECORDS:
VA Police Services maintain
electronic and paper records at each VA
facility.
POLICIES AND PRACTICES FOR RETRIEVAL OF
RECORDS:
Records are retrieved by name, partial
or full social security number, or other
personal identifiers.
POLICIES AND PRACTICES FOR RETENTION AND
DISPOSAL OF RECORDS:
Records will be maintained and
disposed of in accordance with the
records disposition authority approved
by the Archivist of the United States,
Veterans Health Administration Records
Control Schedule 10–1, Item 5252.25.
ADMINISTRATIVE, TECHNICAL, AND PHYSICAL
SAFEGUARDS:
Access to working areas where
information is maintained in VA
facilities is controlled and restricted to
VA employees and VA contractors on a
need-to-know basis. Paper document
files are locked in a secure container
when files are not being used and when
work area is not occupied. VA facilities
are protected from outside access after
normal duty hours by police or security
personnel. Access to information on
electronic media is controlled by
individually unique passwords and
codes. Computer access authorizations,
computer applications available and
PO 00000
Frm 00146
Fmt 4703
Sfmt 4703
NOTIFICATION PROCEDURES:
Generalized notice is provided by the
publication of this notice. For specific
notice, see Record Access Procedure,
above.
EXEMPTIONS PROMULGATED FOR THE SYSTEM:
Under Title 5 U.S.C., Section
552a(j)(2), the head of any agency may
exempt any system of records within the
agency from certain provisions of the
Privacy Act, if the agency or component
that maintains the system performs as
its principal function any activities
pertaining to the enforcement of
criminal laws. The function of the
Police Service is to provide for the
maintenance of law and order and the
protection of persons and property on
Department property. This system of
records has been created, in major part,
to support the law enforcement related
activities assigned by the Department
under the authority of Title 38 U.S.C.,
Section 901 to the Police Service. These
activities constitute the principal
function of this staff.
In addition to principal functions
pertaining to the enforcement of
criminal laws, the Police Service may
receive and investigate complaints or
information from various sources
concerning the possible existence of
activities constituting noncriminal
violations of law, rules, or regulations or
substantial and specific danger to the
public and safety.
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64146
Federal Register / Vol. 87, No. 203 / Friday, October 21, 2022 / Notices
Based upon the foregoing, the
Secretary of Veterans Affairs (VA) has
exempted this system of records, to the
extent that it encompasses information
pertaining to criminal law enforcement
related activities from the following
provisions of the Privacy Act of 1974, as
permitted by 5 U.S.C. 552a(j)(2):
5 U.S.C. 552a(c)(3) and (4).
5 U.S.C. 552a(d)(1) through (4).
5 U.S.C. 552a(e)(1), (2) and (3).
5 U.S.C. 552a(e)(4)(G), (H) and (I). 5 U.S.C.
552a(e)(5) and (8).
5 U.S.C. 552a(f).
5 U.S.C. 552a(g).
The Secretary of Veterans Affairs has
exempted this system of records, to the
extent that it does not encompass
information pertaining to criminal law
enforcement related activities under 5
U.S.C. 552a(j)(2), from the following
provisions of the Privacy Act of 1974, as
permitted by 5 U.S.C. 552a(k)(2):
5 U.S.C. 552a(c)(3).
5 U.S.C. 552a(d)(1) through (4). 5 U.S.C.
552a(e)(1).
5 U.S.C. 552a(e)(4)(G), (H) and (I). 5 U.S.C.
552a(f).
Reasons for exemptions: The
exemption of information and material
in this system of records is necessary in
order to accomplish the law
enforcement functions of the Police
Service, to prevent subjects of
investigations from frustrating the
investigatory process, to prevent the
disclosure of investigative techniques,
to fulfill commitments made to protect
the confidentiality of sources, to
maintain access to sources of
information, and to avoid endangering
these sources and Police personnel.
HISTORY:
67 FR 77737 (December 19, 2002); 73
FR 74580 (December 8, 2008).
[FR Doc. 2022–22899 Filed 10–20–22; 8:45 am]
BILLING CODE 8320–01–P
DEPARTMENT OF VETERANS
AFFAIRS
Privacy Act of 1974; System of
Records
Office of Security and Law
Enforcement, Office of Operations,
Security and Preparedness, Department
of Veterans Affairs (VA).
ACTION: Notice of a modified system of
records.
jspears on DSK121TN23PROD with NOTICES
AGENCY:
Pursuant to the Privacy Act of
1974, notice is hereby given that the
Department of Veterans Affairs (VA) is
amending the system of records entitled,
‘‘VA Police Badge and Training Records
System-VA’’ (83VA07). VA is amending
SUMMARY:
VerDate Sep<11>2014
19:08 Oct 20, 2022
Jkt 259001
the system by updating the following
sections: System Name and Number;
System Manger(s); Categories of
Individuals Covered by the System;
Categories of Records in the System;
Routine Uses of Records Maintained in
the System, Including Categories of
Users and the Purposes of Such Uses;
Policies and Practices for Retrieval of
Records; Policies and Practices for
Retention and Disposal of Records;
Records Access Procedures; Contesting
Record Procedures; Notification
Procedures; History. VA is republishing
the system notice in its entirety.
DATES: Comments on this modified
system of records must be received no
later than 30 days after date of
publication in the Federal Register. If
no public comment is received during
the period allowed for comment or
unless otherwise published in the
Federal Register by VA, the modified
system of records will become effective
a minimum of 30 days after date of
publication in the Federal Register. If
VA receives public comments, VA shall
review the comments to determine
whether any changes to the notice are
necessary.
Comments may be
submitted through www.Regulations.gov
or mailed to VA Privacy Service, 810
Vermont Avenue NW, (005R1A),
Washington, DC 20420. Comments
should indicate that they are submitted
in response to VA Police Badge and
Training Records System VA (83VA07).
Comments received will be available at
regulations.gov for public viewing,
inspection or copies.
FOR FURTHER INFORMATION CONTACT:
Michael J. Franklin, Director, Police
Service, Office of Security and Law
Enforcement (07B), Department of
Veterans Affairs, 810 Vermont Avenue
NW, Washington, DC 20420. Telephone
(202) 461–5544.
SUPPLEMENTARY INFORMATION: This
system of records contains information
regarding VA police officers who have
attended the VA Police Officer
Standardized Training Course and
supplemental professional training held
at the VA Law Enforcement Training
Center. Specifically, this system of
records contains each VA police
officer’s name and badge number, sex,
training certifications, officer class
registrations, and their duty station.
In accordance with the Privacy Act of
1974, the notice of intent to publish and
an advance copy of the system notice
have been sent to the appropriate
Congressional committees and to the
Director, Office of Management and
Budget.
ADDRESSES:
PO 00000
Frm 00147
Fmt 4703
Sfmt 4703
Signing Authority
The Senior Agency Official for
Privacy, 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. Kurt D. DelBene,
Assistant Secretary for Information and
Technology and Chief Information
Officer, approved this document on
September 8, 2022 for publication.
Dated: October 18, 2022.
Amy L. Rose,
Program Analyst, VA Privacy Service, Office
of Information Security, Office of Information
and Technology, Department of Veterans
Affairs.
SYSTEM NAME AND NUMBER:
VA Police Badge and Training
Records System—VA (83VA07)
SECURITY CLASSIFICATION:
Unclassified
SYSTEM LOCATION:
VA Law Enforcement Training Center,
2200 Fort Roots Drive, Building 193,
North Little Rock, AR 72114.
SYSTEM MANAGER(S):
Conrad Hamp, Director, Law
Enforcement Training Center, 2200 Fort
Roots Drive, Building 193, North Little
Rock, AR 72214.
AUTHORITY FOR MAINTENANCE OF THE SYSTEM:
38 U.S.C. 501 and 902.
PURPOSE(S) OF THE SYSTEM:
The records and information
contained in this system of records are
necessary for the effective
administration and management of the
Department’s nationwide Security and
Law Enforcement Program. The
collection and use of accurate, up-todate data are necessary for the purpose
of enforcing the law and protecting
persons and property on VA property.
CATEGORIES OF INDIVIDUALS COVERED BY THE
SYSTEM:
The category of individuals for this
system of records will include VA
Police Service personnel.
CATEGORIES OF RECORDS IN THE SYSTEM:
The categories of record(s) in this
system includes officer name, social
security number, date of birth, sex,
badge number, station assignment, and
law enforcement related training
information.
RECORD SOURCE CATEGORIES:
Personal information such as an
officer’s name and employing
E:\FR\FM\21OCN1.SGM
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Agencies
[Federal Register Volume 87, Number 203 (Friday, October 21, 2022)]
[Notices]
[Pages 64141-64146]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2022-22899]
=======================================================================
-----------------------------------------------------------------------
DEPARTMENT OF VETERANS AFFAIRS
Privacy Act of 1974: System of Records
AGENCY: Office of Security and Law Enforcement, Office of Operations,
Security and Preparedness, Department of Veterans Affairs (VA).
ACTION: Notice of a modified system of records.
-----------------------------------------------------------------------
SUMMARY: Pursuant to the Privacy Act of 1974, notice is hereby given
that the Department of Veterans Affairs (VA) is amending the system of
records entitled ``Police and Security Records--VA'' (103VA07B). VA is
amending the system of records by updating the following sections:
System Name and Number; System Location; System Manager(s); Record
Source Categories; Routine Uses of Records Maintained in the System,
Including Categories of Users and the Purposes of Such Uses; Policies
and Practice for Storage of Records; Policies and Practices for
Retrieval of Records; Policies and Practices for Retention and Disposal
of Records; Record Access Procedure; Contesting Procedure; Notification
Procedure; History. VA is republishing the system notice in its
entirety.
DATES: Comments on this modified system of records must be received no
later than 30 days after date of publication in the Federal Register.
If no public comment is received during the period allowed for comment
or unless otherwise published in the Federal Register by VA, the
modified system of records will become effective a minimum of 30 days
after date of publication in the Federal Register. If VA receives
public comments, VA shall review the comments to determine whether any
changes to the notice are necessary.
ADDRESSES: Comments may be submitted through www.Regulations.gov or
mailed to VA Privacy Service, 810 Vermont Avenue NW, (005R1A),
Washington, DC 20420. Comments should indicate that they are submitted
in response to ``Police and Security Records--VA'' (103VA07B). Comments
received will be available at regulations.gov for public viewing,
inspection or copies.
FOR FURTHER INFORMATION CONTACT: Michael J. Franklin, Director, Police
Service, 810 Vermont Avenue NW, Washington, DC 20420. Telephone (202)
461-5544.
SUPPLEMENTARY INFORMATION: The Office of Security and Law Enforcement
oversees the maintenance of law and order and the protection of persons
and property on Department property at facilities nationwide. This
amended system of records covers Veterans, U.S. government employees,
retirees, volunteers, contractors, subcontractors, or private citizens
involved in certain Police Services activities at field facilities and
Office of Security and Law Enforcement activities at VA Central Office.
Records in the system are maintained electronically and on paper and
are retrieved by the name of the individual or personal identifier such
as partial or full social security number. The authority to maintain
these records is Title 38, United States Code (U.S.C.), Section 501 and
901-905. The records in this system of records are necessary for the
effective administration and management of the Department's nationwide
Security and Law Enforcement program. This requires the collection and
use of accurate, up-to-date data for the purpose of enforcing the law
and protecting persons and property on VA property in accordance with
Title 38, U.S.C., Chapter 9.
The following routine uses for information in this system are added
or restate existing uses to this system:
1. Congress
To a Member of Congress or staff acting upon the Member's behalf
when the Member or staff requests the information on behalf of, and at
the request of, the individual who is the subject of the record.
2. Data Breach Response and Remediation, for VA
To appropriate agencies, entities, and persons when (1) VA suspects
or has confirmed that there has been a breach of the system of
records,[middot] (2) VA has determined that as a result of the
suspected or confirmed breach there is a risk of harm to individuals,
VA (including its information systems, programs, and operations), the
Federal Government, or national security; and (3) the disclosure made
to such agencies, entities, and persons is reasonably necessary to
assist in connection with VA's efforts to respond to the suspected or
confirmed breach or to prevent, minimize, or remedy such harm.
3. Data Breach Response and Remediation, for Another Federal Agency
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.
[[Page 64142]]
4. Law Enforcement
To a Federal, state, local, territorial, tribal, or foreign law
enforcement authority or other appropriate entity charged with the
responsibility of investigating or prosecuting such violation or
charged with enforcing or implementing such law, provided that the
disclosure is limited to information that, either alone or in
conjunction with other information, indicates a violation or potential
violation of law, whether civil, criminal, or regulatory in nature. The
disclosure of the names and addresses of veterans and their dependents
from VA records under this routine use must also comply with the
provisions of 38 U.S.C. 5701.
5. DoJ, Litigation, Administrative Proceeding
To the Department of Justice (DoJ), or in a proceeding before a
court, adjudicative body, or other administrative body before which VA
is authorized to appear, when:
(a) VA or any component thereof;
(b) Any VA employee in his or her official capacity;
(c) Any VA employee in his or her individual capacity where DoJ has
agreed to represent the employee; or
(d) The United States, where VA determines that litigation is
likely to affect the agency or any of its components
is a party to such proceedings or has an interest in such proceedings,
and VA determines that use of such records is relevant and necessary to
the proceedings.
6. Contractors
To contractors, grantees, experts, consultants, students, and
others performing or working on a contract, service, grant, cooperative
agreement, or other assignment for VA, when reasonably necessary to
accomplish an agency function related to the records.
7. OPM
To the Office of Personnel Management (OPM) in connection with the
application or effect of civil service laws, rules, regulations, or OPM
guidelines in particular situations.
8. EEOC
To the Equal Employment Opportunity Commission (EEOC) 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.
9. FLRA
To the Federal Labor Relations Authority (FLRA) in connection with
the investigation and resolution of allegations of unfair labor
practices, the resolution of exceptions to arbitration awards when a
question of material fact is raised, matters before the Federal Service
Impasses Panel, and the investigation of representation petitions and
the conduct or supervision of representation elections.
10. MSPB
To the Merit Systems Protection Board (MSPB) 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.
11. NARA
To the National Archives and Records Administration (NARA) in
records management inspections conducted under 44 U.S.C. 2904 and 2906,
or other functions authorized by laws and policies governing NARA
operations and VA records management responsibilities.
12. Federal Agencies, for Research
To a Federal agency for the purpose of conducting research and data
analysis to perform a statutory purpose of that Federal agency upon the
written request of that agency.
13. Researchers, for Research
To epidemiological and other research facilities approved by the
Under Secretary for Health for research purposes determined to be
necessary and proper, provided that the names and addresses of veterans
and their dependents will not be disclosed unless those names and
addresses are first provided to VA by the facilities making the
request.
14. Federal Agencies, for Computer Matches
To other federal agencies for the purpose of conducting computer
matches to obtain information to determine or verify eligibility of
veterans receiving VA benefits or medical care under title 38.
15. Federal Agencies, Courts, Litigants, for Litigation or
Administrative Proceedings
To another federal agency, court, or party in litigation before a
court or in an administrative proceeding conducted by a Federal agency,
when the government is a party to the judicial or administrative
proceeding.
16. Governmental Agencies, Health Organizations, for Claimants'
Benefits
To Federal, state, and local government agencies and national
health organizations as reasonably necessary to assist in the
development of programs that will be beneficial to claimants, to
protect their rights under law, and assure that they are receiving all
benefits to which they are entitled.
17. Governmental Agencies, for VA Hiring, Security Clearance, Contract,
License, Grant
To a Federal, state, local, or other governmental agency
maintaining civil or criminal violation records, or other pertinent
information, such as employment history, background investigations, or
personal or educational background, to obtain information relevant to
VA's hiring, transfer, or retention of an employee, issuance of a
security clearance, letting of a contract, or issuance of a license,
grant, or other benefit. The disclosure of the names and addresses of
veterans and their dependents from VA records under this routine use
must also comply with the provisions of 38 U.S.C. 5701.
18. Federal Agencies, for Employment
To a Federal agency, except the United States Postal Service, or to
the District of Columbia government, in response to its request, in
connection with that agency's decision on the hiring, transfer, or
retention of an employee, the issuance of a security clearance, the
letting of a contract, or the issuance of a license, grant, or other
benefit by that agency.
19. State or Local Agencies, for Employment
To a state, local, or other governmental agency, upon its official
request, as relevant and necessary to that agency's decision on the
hiring, transfer, or retention of an employee, the issuance of a
security clearance, the letting of a contract, or the issuance of a
license, grant, or other benefit by that agency. The disclosure of the
names and addresses of veterans and their dependents from VA records
under this routine use must also comply with the provisions of 38
U.S.C. 5701.
20. Federal Agencies, for Recovery of Medical Care Costs
To Federal agencies and government-wide third-party insurers
responsible for payment of the cost of medical care for the identified
patients, to seek recovery of the medical care costs. These records
[[Page 64143]]
may also be disclosed as part of a computer matching program to
accomplish this purpose.
21. Law Enforcement, for Locating Fugitive
To any Federal, state, local, territorial, tribal, or foreign law
enforcement agency in order to identify, locate, or report a known
fugitive felon, in compliance with 38 U.S.C. 5313B(d).
22. DOD, for Military Mission
To the Department of Defense, or its components, provided that the
disclosure is limited to information regarding individuals treated
under 38 U.S.C. 8111A, for the purpose deemed necessary by appropriate
military command authorities to assure proper execution of the military
23. OMB
To the Office of Management and Budget (OMB) for the performance of
its statutory responsibilities for evaluating Federal programs.
24. Federal Register, for Rulemaking
To make available for public review comments submitted in response
to VA's solicitation of public comments as part of the agency's notice
and rulemaking activities under the Administrative Procedure Act (APA),
provided that the disclosure is limited to information necessary to
comply with the requirements of the APA, if VA determines that release
of personally identifiable information, such as an individual's
telephone number, is integral to the public's understanding of the
comment submitted.
In accordance with the Privacy Act of 1974, the notice of intent to
publish and an advance copy of the system notice have been sent to the
appropriate Congressional committees and to the Director, Office of
Management and Budget.
Signing Authority
The Senior Agency Official for Privacy, 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. Kurt D.
DelBene, Assistant Secretary for Information and Technology and Chief
Information Officer, approved this document on September 8, 2022 for
publication.
Dated: October 18, 2022.
Amy L. Rose,
Program Analyst, VA Privacy Service, Office of Information Security,
Office of Information and Technology, Department of Veterans Affairs.
SYSTEM NAME AND NUMBER
Police and Security Records--VA (103VA07B).
SECURITY CLASSIFICATION:
Unclassified.
SYSTEM LOCATION:
VA Police personnel maintains electronic and paper records at VA
field facilities. Address locations for VA facilities can be found at
https://www.va.gov.
SYSTEM MANAGER(S):
Conrad Hamp, Director, Law Enforcement Training Center, 2200 Fort
Roots Drive, B193, North Little Rock, AR 72114.
AUTHORITY FOR MAINTENANCE OF THE SYSTEM:
38 U.S.C. 501; 38 U.S.C. 901-905.
PURPOSE(S) OF THE SYSTEM:
The records and information contained in this system of records are
necessary for the effective administration and management of the
Department's nationwide Security and Law Enforcement Program. The
collection and use of accurate, up-to-date data is necessary for the
purpose of enforcing the law and protecting persons and property on VA
property. Examples: ID cards are used to visibly identify employees,
contractors, students, and other designated individuals from the
general public. ID cards also serve as a means of access control to a
facility. Motor vehicle registration records serve to accurately
identify the owner of a vehicle and the suitability of its presence on
VA grounds. These records are also used for a VA facility's ride
sharing program. Evidence or confiscated property records are used to
accurately track and record the chain of custody maintained by the VA
police.
CATEGORIES OF INDIVIDUALS COVERED BY THE SYSTEM:
Veterans, VA Police officers, U.S. government employees, retirees,
contractors, subcontractors, volunteers, and other individuals,
including private citizens, who:
1. Have been a complainant, a witness, a victim, or a subject of an
investigation of a violation or of an alleged violation of a law on VA
property;
2. Have been a witness or a victim when there has been a VA police
response to a report of a missing patient;
3. Have been witness to, or involved in, a motor vehicle accident
on VA property;
4. Have been a witness, victim, or subject when there has been a VA
police response to provide assistance to VA employees;
5. Have registered a motor vehicle with VA police;
6. Have had property confiscated by VA police or whose property has
been given to VA police for safekeeping; or
7. For whom a VA identification card has been prepared.
CATEGORIES OF RECORDS IN THE SYSTEM:
Police and law enforcement records, containing specific
identification of persons, can be found in electronic and/or paper
medium:
1. Master Name Index contains demographic information (i.e., name,
address, date of birth, sex) and descriptive information such as
height, weight, hair color, eye color, and scars or marks.
2. Quick Name Check allows for the immediate retrieval of
information based on a name from files contained within the law
enforcement records subject to this system of records notice.
3. VA Police Uniform Offense Reports, Investigative Notes, Case
Log, and other documentation assembled during an investigation.
Incident Reports contain information of all types of offenses and
incidents, criminal and non-criminal, that occur at a facility and to
which VA Police respond (e.g., criminal investigations, investigative
stops, patient and staff assistance calls, missing patient searches,
and motor vehicle accidents).
4. All violation information of U.S. District Court Violation
Notices and Courtesy Warnings issued by VA Police.
5. On-station vehicle registration records used for identifying
vehicle owners at a facility.
6. Daily Operations Journal records include names and other
personal identifying information of persons with whom VA police have
had official, duty-related contact.
7. Photographs of any scenes pertinent to an incident or
investigation;
8. Motor vehicle registrations;
9. Identification cards with photographic images for veterans, U.S.
government employees, retirees, volunteers, contractors,
subcontractors, or private citizens;
10. Records of evidence, confiscated property, or property being
held for safekeeping.
[[Page 64144]]
RECORD SOURCE CATEGORIES:
Information is obtained from Veterans, VA police officers, U.S.
government employees, retirees, volunteers, contractors,
subcontractors, other law enforcement agencies, and private citizens.
ROUTINE USES OF RECORDS MAINTAINED IN THE SYSTEM, INCLUDING CATEGORIES
OF USERS AND THE PURPOSES OF SUCH USES:
25. Congress
To a Member of Congress or staff acting upon the Member's behalf
when the Member or staff requests the information on behalf of, and at
the request of, the individual who is the subject of the record.
26. Data Breach Response and Remediation, for VA
To appropriate agencies, entities, and persons when (1) VA suspects
or has confirmed that there has been a breach of the system of
records,[middot] (2) VA has determined that as a result of the
suspected or confirmed breach there is a risk of harm to individuals,
VA (including its information systems, programs, and operations), the
Federal Government, or national security; and (3) the disclosure made
to such agencies, entities, and persons is reasonably necessary to
assist in connection with VA's efforts to respond to the suspected or
confirmed breach or to prevent, minimize, or remedy such harm.
27. Data Breach Response and Remediation, for Another Federal Agency
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.
28. Law Enforcement
To a Federal, state, local, territorial, tribal, or foreign law
enforcement authority or other appropriate entity charged with the
responsibility of investigating or prosecuting such violation or
charged with enforcing or implementing such law, provided that the
disclosure is limited to information that, either alone or in
conjunction with other information, indicates a violation or potential
violation of law, whether civil, criminal, or regulatory in nature. The
disclosure of the names and addresses of veterans and their dependents
from VA records under this routine use must also comply with the
provisions of 38 U.S.C. 5701.
29. DoJ, Litigation, Administrative Proceeding
To the Department of Justice (DoJ), or in a proceeding before a
court, adjudicative body, or other administrative body before which VA
is authorized to appear, when:
(e) VA or any component thereof;
(f) Any VA employee in his or her official capacity;
(g) Any VA employee in his or her individual capacity where DoJ has
agreed to represent the employee; or
(h) The United States, where VA determines that litigation is
likely to affect the agency or any of its components
is a party to such proceedings or has an interest in such
proceedings, and VA determines that use of such records is relevant and
necessary to the proceedings.
30. Contractors
To contractors, grantees, experts, consultants, students, and
others performing or working on a contract, service, grant, cooperative
agreement, or other assignment for VA, when reasonably necessary to
accomplish an agency function related to the records.
31. OPM
To the Office of Personnel Management (OPM) in connection with the
application or effect of civil service laws, rules, regulations, or OPM
guidelines in particular situations.
32. EEOC
To the Equal Employment Opportunity Commission (EEOC) 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.
33. FLRA
To the Federal Labor Relations Authority (FLRA) in connection with
the investigation and resolution of allegations of unfair labor
practices, the resolution of exceptions to arbitration awards when a
question of material fact is raised, matters before the Federal Service
Impasses Panel, and the investigation of representation petitions and
the conduct or supervision of representation elections.
34. MSPB
To the Merit Systems Protection Board (MSPB) 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.
35. NARA
To the National Archives and Records Administration (NARA) in
records management inspections conducted under 44 U.S.C. 2904 and 2906,
or other functions authorized by laws and policies governing NARA
operations and VA records management responsibilities.
36. Federal Agencies, for Research
To a Federal agency for the purpose of conducting research and data
analysis to perform a statutory purpose of that Federal agency upon the
written request of that agency.
37. Researchers, for Research
To epidemiological and other research facilities approved by the
Under Secretary for Health for research purposes determined to be
necessary and proper, provided that the names and addresses of veterans
and their dependents will not be disclosed unless those names and
addresses are first provided to VA by the facilities making the
request.
38. Federal Agencies, for Computer Matches
To other federal agencies for the purpose of conducting computer
matches to obtain information to determine or verify eligibility of
veterans receiving VA benefits or medical care under title 38.
39. Federal Agencies, Courts, Litigants, for Litigation or
Administrative Proceedings
To another federal agency, court, or party in litigation before a
court or in an administrative proceeding conducted by a Federal agency,
when the government is a party to the judicial or administrative
proceeding.
40. Governmental Agencies, Health Organizations, for Claimants'
Benefits
To Federal, state, and local government agencies and national
health organizations as reasonably necessary to assist in the
development of programs that will be beneficial to claimants, to
protect their rights under law, and assure that they are receiving all
benefits to which they are entitled.
[[Page 64145]]
41. Governmental Agencies, for VA Hiring, Security Clearance, Contract,
License, Grant
To a Federal, state, local, or other governmental agency
maintaining civil or criminal violation records, or other pertinent
information, such as employment history, background investigations, or
personal or educational background, to obtain information relevant to
VA's hiring, transfer, or retention of an employee, issuance of a
security clearance, letting of a contract, or issuance of a license,
grant, or other benefit. The disclosure of the names and addresses of
veterans and their dependents from VA records under this routine use
must also comply with the provisions of 38 U.S.C. 5701.
42. Federal Agencies, for Employment
To a Federal agency, except the United States Postal Service, or to
the District of Columbia government, in response to its request, in
connection with that agency's decision on the hiring, transfer, or
retention of an employee, the issuance of a security clearance, the
letting of a contract, or the issuance of a license, grant, or other
benefit by that agency.
43. State or Local Agencies, for Employment
To a state, local, or other governmental agency, upon its official
request, as relevant and necessary to that agency's decision on the
hiring, transfer, or retention of an employee, the issuance of a
security clearance, the letting of a contract, or the issuance of a
license, grant, or other benefit by that agency. The disclosure of the
names and addresses of veterans and their dependents from VA records
under this routine use must also comply with the provisions of 38
U.S.C. 5701.
44. Federal Agencies, for Recovery of Medical Care Costs
To Federal agencies and government-wide third-party insurers
responsible for payment of the cost of medical care for the identified
patients, to seek recovery of the medical care costs. These records may
also be disclosed as part of a computer matching program to accomplish
this purpose.
45. Law Enforcement, for Locating Fugitive
To any Federal, state, local, territorial, tribal, or foreign law
enforcement agency in order to identify, locate, or report a known
fugitive felon, in compliance with 38 U.S.C. 5313B(d).
46. DOD, for Military Mission
To the Department of Defense, or its components, provided that the
disclosure is limited to information regarding individuals treated
under 38 U.S.C. 8111A, for the purpose deemed necessary by appropriate
military command authorities to assure proper execution of the military
47. OMB
To the Office of Management and Budget (OMB) for the performance of
its statutory responsibilities for evaluating Federal programs.
48. Federal Register, for Rulemaking
To make available for public review comments submitted in response
to VA's solicitation of public comments as part of the agency's notice
and rulemaking activities under the Administrative Procedure Act (APA),
provided that the disclosure is limited to information necessary to
comply with the requirements of the APA, if VA determines that release
of personally identifiable information, such as an individual's
telephone number, is integral to the public's understanding of the
comment submitted.
POLICIES AND PRACTICES FOR STORAGE OF RECORDS:
VA Police Services maintain electronic and paper records at each VA
facility.
POLICIES AND PRACTICES FOR RETRIEVAL OF RECORDS:
Records are retrieved by name, partial or full social security
number, or other personal identifiers.
POLICIES AND PRACTICES FOR RETENTION AND DISPOSAL OF RECORDS:
Records will be maintained and disposed of in accordance with the
records disposition authority approved by the Archivist of the United
States, Veterans Health Administration Records Control Schedule 10-1,
Item 5252.25.
ADMINISTRATIVE, TECHNICAL, AND PHYSICAL SAFEGUARDS:
Access to working areas where information is maintained in VA
facilities is controlled and restricted to VA employees and VA
contractors on a need-to-know basis. Paper document files are locked in
a secure container when files are not being used and when work area is
not occupied. VA facilities are protected from outside access after
normal duty hours by police or security personnel. Access to
information on electronic media is controlled by individually unique
passwords and codes. Computer access authorizations, computer
applications available and used, information access attempts, frequency
and time of use are recorded and monitored.
RECORD ACCESS PROCEDURES:
Individuals seeking information on the existence and content of
records in this system pertaining to them should write, call or visit
the VA facility where the records are maintained.
CONTESTING RECORD PROCEDURES:
Individuals seeking to contest or amend records in this system
pertaining to them should write, call or visit the VA facility where
the records are maintained. A request to contest or amend records must
state clearly and concisely what record is being contested, the reasons
for contesting it, and the proposed amendment to the record. A majority
of records in this system are exempt from record access and amendment
provisions of Title 5 U.S.C., Sections 552a(j) and (k). To the extent
that records in this system are not subject to exemption, individuals
may request access and/or amendment. A determination as to whether an
exemption applies shall be made at the time a request for access or
contest is received.
NOTIFICATION PROCEDURES:
Generalized notice is provided by the publication of this notice.
For specific notice, see Record Access Procedure, above.
EXEMPTIONS PROMULGATED FOR THE SYSTEM:
Under Title 5 U.S.C., Section 552a(j)(2), the head of any agency
may exempt any system of records within the agency from certain
provisions of the Privacy Act, if the agency or component that
maintains the system performs as its principal function any activities
pertaining to the enforcement of criminal laws. The function of the
Police Service is to provide for the maintenance of law and order and
the protection of persons and property on Department property. This
system of records has been created, in major part, to support the law
enforcement related activities assigned by the Department under the
authority of Title 38 U.S.C., Section 901 to the Police Service. These
activities constitute the principal function of this staff.
In addition to principal functions pertaining to the enforcement of
criminal laws, the Police Service may receive and investigate
complaints or information from various sources concerning the possible
existence of activities constituting noncriminal violations of law,
rules, or regulations or substantial and specific danger to the public
and safety.
[[Page 64146]]
Based upon the foregoing, the Secretary of Veterans Affairs (VA)
has exempted this system of records, to the extent that it encompasses
information pertaining to criminal law enforcement related activities
from the following provisions of the Privacy Act of 1974, as permitted
by 5 U.S.C. 552a(j)(2):
5 U.S.C. 552a(c)(3) and (4).
5 U.S.C. 552a(d)(1) through (4).
5 U.S.C. 552a(e)(1), (2) and (3).
5 U.S.C. 552a(e)(4)(G), (H) and (I). 5 U.S.C. 552a(e)(5) and
(8).
5 U.S.C. 552a(f).
5 U.S.C. 552a(g).
The Secretary of Veterans Affairs has exempted this system of
records, to the extent that it does not encompass information
pertaining to criminal law enforcement related activities under 5
U.S.C. 552a(j)(2), from the following provisions of the Privacy Act of
1974, as permitted by 5 U.S.C. 552a(k)(2):
5 U.S.C. 552a(c)(3).
5 U.S.C. 552a(d)(1) through (4). 5 U.S.C. 552a(e)(1).
5 U.S.C. 552a(e)(4)(G), (H) and (I). 5 U.S.C. 552a(f).
Reasons for exemptions: The exemption of information and material
in this system of records is necessary in order to accomplish the law
enforcement functions of the Police Service, to prevent subjects of
investigations from frustrating the investigatory process, to prevent
the disclosure of investigative techniques, to fulfill commitments made
to protect the confidentiality of sources, to maintain access to
sources of information, and to avoid endangering these sources and
Police personnel.
HISTORY:
67 FR 77737 (December 19, 2002); 73 FR 74580 (December 8, 2008).
[FR Doc. 2022-22899 Filed 10-20-22; 8:45 am]
BILLING CODE 8320-01-P