87 FR 203 pgs. 64146-64148 - Privacy Act of 1974; System of Records
Type: NOTICEVolume: 87Number: 203Pages: 64146 - 64148
Pages: 64146, 64147, 64148FR document: [FR Doc. 2022-22900 Filed 10-20-22; 8:45 am]
Agency: Veterans Affairs Department
Official PDF Version: PDF Version
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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, "VA Police Badge and Training Records System-VA" (83VA07). VA is amending 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.
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 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.
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-to-date 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:
[top] Personal information such as an officer's name and employing
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,· (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.
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
[top] 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
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 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.
POLICIES AND PRACTICES FOR STORAGE OF RECORDS:
The VA Law Enforcement Training Center maintains the information locally onsite on a VA approved system. Access is controlled and secured according to VA physical security standards and regulations.
POLICIES AND PRACTICES FOR RETRIEVAL OF RECORDS:
Records are retrieved by the VA police officer's name, badge number or employing organization.
POLICIES AND PRACTICES FOR RETENTION AND DISPOSAL OF RECORDS:
Records in this system are retained and disposed of in accordance with the schedule approved by the Archivist of the United States, Veterans Health Administration Records Control Schedule 10-1, Item 5252.26.
ADMINISTRATIVE, TECHNICAL, AND PHYSICAL SAFEGUARDS:
Physical access is limited to authorized personnel only equipped with a special designated key and restricted alarm system code. The system is secured by user account access only.
RECORD ACCESS PROCEDURES:
Individuals seeking information on the existence and content of records in this system pertaining to them should contact the system manager in writing as indicated above. A request for access to records must contain the requester's full name, address, telephone number, be signed by the requester, and describe the records sought in sufficient detail to enable VA personnel to locate them with a reasonable amount of effort.
CONTESTING RECORD PROCEDURES:
Individuals seeking to contest or amend records in this system pertaining to them should contact the system manager in writing as indicated above. 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.
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:
None
HISTORY:
67 FR 49747 (November 3, 1992); 73 FR 74578 (December 8, 2008).
[FR Doc. 2022-22900 Filed 10-20-22; 8:45 am]
BILLING CODE 8320-01-P