Privacy Act of 1974: System of Records
| Published date | 04 April 2024 |
| Record Number | 2024-07137 |
| Citation | 89 FR 23638 |
| Court | Veterans Affairs Department |
| Section | Notices |
Federal Register, Volume 89 Issue 66 (Thursday, April 4, 2024)
[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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