Privacy Act of 1974: System of Records, 23638-23641 [2024-07137]

Agencies

• DEPARTMENT OF VETERANS AFFAIRS

[Federal Register Volume 89, Number 66 (Thursday, April 4, 2024)]
[Notices]
[Pages 23638-23641]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-07137]


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DEPARTMENT OF VETERANS AFFAIRS


Privacy Act of 1974: System of Records

AGENCY: Office of Operations, Security and Preparedness, Department of 
Veterans Affairs (VA).

ACTION: Notice of a modified system of records.

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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 May 6, 2024. 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, (005X6F), 
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: Edward Dubois, Director, Police 
Service, 810 Vermont Avenue NW, Washington, DC 20420. Telephone (202) 
461-5544 or submit inquiry to [email protected]. The Office of Security and 
Law Enforcement, Director, Police Service is the system owner and 
provides the business oversight for this SORN.

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 Service 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.

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 February 28, 2024 for 
publication.


[[Page 23639]]


    Dated: April 1, 2024.
Amy L. Rose,
Government Information Specialist, VA Privacy Service, Office of 
Compliance, Risk and Remediation, 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 
Central Office and field facilities. Address locations for VA 
facilities are listed in Appendix 1 of the biennial publication of the 
VA Privacy Act Issuances.

SYSTEM MANAGER(S):
    The Office of Security and Law Enforcement, Director, Police 
Services is the system owner and provides the business oversight for 
this SORN and can be contacted at [email protected].
    The system manager is the Senior Security Officer, Veterans' Health 
Administration, Department of Veterans Health Administration, and can 
be contacted at [email protected].

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 traffic, motor vehicle 
or motorized mode of transportation 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, audio 
recordings, digital video recordings and/or security surveillance 
television (SSTV) recordings and/or paper medium and include:
    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 identifying marks (i.e., 
scars and tattoos).
    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 traffic or 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, driver's license, and insurance;
    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.
    11. Witness statements and statements of individuals.
    12. Records pertaining to individuals, with outstanding warrants, 
summons, court commitments, or other types of legal processes, and
    13. VA Police Training Records.

RECORD SOURCE CATEGORIES:
    Information is obtained from Veterans, VA police officers, U.S. 
Government employees, retirees, volunteers, contractors, 
subcontractors, other law enforcement agencies, private citizens and 
other VA information systems.

ROUTINE USES OF RECORDS MAINTAINED IN THE SYSTEM, INCLUDING CATEGORIES 
OF USERS AND THE PURPOSES OF SUCH USES:
    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

[[Page 23640]]

Federal Government, or national security, resulting from a suspected or 
confirmed breach.
    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 
a violation or potential violation of law, whether civil, criminal, or 
regulatory in nature, 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 such a 
violation or potential violation. 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. 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.
    8. 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.
    9. 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.
    10. 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.
    11. 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.
    12. Researchers, for Research: To epidemiological and other 
research facilities approved for research purposes determined to be 
scientifically sound and proper by the Veterans Health Administration 
Office of Research and Development (ORD), 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.
    13. 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.
    14. 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.
    15. 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.
    16. 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.
    17. 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.
    18. 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.
    19. 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).
    20. 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.
    21. 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.
    24. Disclosure to Private Insurance Companies: Information in this 
system regarding traffic, motor vehicle or motorized mode of 
transportation (e.g., scooter, wheelchair) accidents may be disclosed 
to private insurance companies for use in determining payment of a 
claim under a policy.
    25. Disclosure to VA-appointed Representative: Disclosure may be 
made to the VA-appointed representative of an employee of all notices,

[[Page 23641]]

determinations, decisions, or other written communications issued to 
the employee in connection with an examination ordered by VA under 
medical evaluation (formerly fitness-for-duty) examination procedures 
or Department filed disability retirement procedures.
    26. Client's Attorneys: To assist attorneys in representing their 
clients, any information in this system may be disclosed to attorneys 
representing Veterans, U.S. Government employees, retirees, volunteers, 
contractors, subcontractors, or private citizens being investigated and 
prosecuted for violating the law, except where VA has decided release 
is inappropriate under title 5 United States Code, section 552a(j) and 
(k).

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 525.25.

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 PROCEDURE:
    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.

SYSTEMS EXEMPTED FROM CERTAIN PROVISIONS OF THE ACT:
    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.
    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:
    Federal Register at 87 FR 64141, Friday, October 21, 2022; 67 FR 
77737 (December 19, 2002); 73 FR 74580 (December 8, 2008).

[FR Doc. 2024-07137 Filed 4-3-24; 8:45 am]
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