[Federal Register Volume 67, Number 179 (Monday, September 16, 2002)]
[Notices]
[Pages 58445-58447]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 02-23405]


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DEPARTMENT OF VETERANS AFFAIRS


Privacy Act of 1974; System of Records

AGENCY: Department of Veterans Affairs.

ACTION: Notice of a new system of records--National Veterans Museum 
Donation Records--VA.

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SUMMARY: As required by the Privacy Act of 1974, 5 U.S.C. 552a(e), 
notice is hereby given that the Department of Veterans Affairs (VA) is 
adding a new system of records, ``National Veterans Museum Donation 
Records--VA'' (120VA047).

DATES: To assure consideration, written comments mailed to the 
Department as provided below must be postmarked no later than October 
16, 2002, and written comments hand delivered to the Department and 
comments submitted electronically must be received as provided below, 
no later than 5 p.m. Eastern Time on October 16, 2002. If no public 
comment is received during the 30-day review period allowed for public 
comment, or unless otherwise published in the Federal Register by VA, 
the new system of records statement is effective October 16, 2002.

ADDRESSES: You may mail or hand-deliver written comments concerning the 
proposed new system of records to the Office of Regulations Management 
(02D), Department of Veterans Affairs, 810 Vermont Avenue, NW., 
Washington, DC 20420; or fax comments to (202) 273-9289; or e-mail 
comments to ``[email protected].'' All relevant material 
received before October 16, 2002 will be considered. Comments will be 
available for public inspection at the above address in the Office of 
Regulations Management, Room 1158, between the hours of 8 a.m. and 4:30 
p.m., Monday through Friday (except holidays).

FOR FURTHER INFORMATION CONTACT: Peter Mulhern, Office of Financial 
Policy (047GC1), Department of Veterans Affairs, 810 Vermont Avenue, 
NW., Washington, DC 20420, (202) 273-5570.

SUPPLEMENTARY INFORMATION:

I. Description of the Proposed System of Records

    In accordance with 38 U.S.C. 8301, the Secretary of Veterans 
Affairs may accept gifts, devises, and bequests. The donor or testator 
may specify the particular purpose of the gift, devise, or bequest. The 
Secretary may also accept, for use in carrying out all laws 
administered by the Secretary, gifts, devises, and bequests that will 
enhance the Secretary's ability to provide services or benefits. VA 
maintains information on individual donors making gifts and donations 
to the National Veterans Museum. This information includes the name of 
the donor, home address, telephone number, the amount of the gift, 
whether the gift was made with cash, check or credit card, and the 
credit card number

[[Page 58446]]

and expiration date. Much of the credit card information will be 
derived from VA Form 5579a, ``Donations To National Veterans Museum 
(Via Credit Card).'' The information maintained on individual donors is 
used to process payments associated with the gifts or donations, as 
well as to provide a database for future correspondence with the 
donors.

II. Proposed Routine Use Disclosures of Data in the System

    VA is proposing to establish the following routine use disclosures 
of the information that will be maintained in the system.
    1. The record of an individual who is covered by this system may be 
disclosed to a Member of Congress, or a staff person acting for the 
member, when the member or staff person requests the record on behalf 
of and at the written request of the individual.
    Individuals sometimes request the help of a Member of Congress in 
resolving some issue relating to a matter before VA. The Member of 
Congress then writes VA, and VA must be able to give sufficient 
information to be responsive to the inquiry.
    2. Disclosure may be made to the National Archives and Records 
Administration (NARA) in records management inspections conducted under 
authority of Title 44 U.S.C.
    NARA is responsible for archiving old records no longer actively 
used, but which may be appropriate for preservation. NARA is 
responsible in general for the maintenance of the Federal Government's 
records. VA must be able to turn records over to NARA in order to 
determine the proper disposition of such records.
    3. Records from this system of records may be disclosed to the 
Department of Justice (DOJ) (including U.S. Attorneys) or in a 
proceeding before a court, adjudicative body, or other administrative 
body when litigation or the adjudicative or administrative process is 
likely to affect VA, its employees or any of its components; or when 
VA, its employees, or any of its components is a party to the 
litigation or process, or has an interest in the litigation or process, 
and the use of such records is deemed by VA to be relevant and 
necessary to the litigation or process; provided, however, that the 
disclosure is compatible with the purpose for which the records were 
collected.
    Whenever VA is involved in litigation or an adjudicative or 
administrative process, or occasionally when another party is involved 
in litigation or an adjudicative or administrative process and VA 
policies or operations could be affected by the outcome of the 
litigation or process, VA would be able to disclose information to the 
court, the adjudicative or administrative bodies, or the parties 
involved. A determination would be made in each instance that, under 
the circumstances involved, the purpose served by the use of the 
information in the particular litigation or process is compatible with 
a purpose for which VA collects the information.
    4. Disclosure of relevant information may be made to individuals, 
organizations, private or public agencies, or other entities with whom 
VA has a contract or agreement or where there is a subcontract to 
perform such services as VA may deem practicable for the purposes of 
laws administered by VA, in order for the contractor or subcontractor 
to perform the services of the contract or agreement.
    VA must be able to provide information to contractors and 
subcontractors with whom VA has a contract or agreement in order to 
perform the services of the contract or agreement.
    5. VA may disclose on its own initiative any information in this 
system that is relevant to a suspected or reasonably imminent violation 
of law, whether civil, criminal, or regulatory in nature and whether 
arising by general or program statute or by regulation, rule, or order 
issued pursuant thereto, to a Federal, State, local, tribal, or foreign 
agency charged with the responsibility of investigating or prosecuting 
such violation, or charged with enforcing or implementing the statute, 
regulation, rule, or order.
    VA must be able to comply with the requirements of agencies charged 
with enforcing the law and investigations of violations or possible 
violations of law. VA must also be able to provide information to 
Federal, State, local, tribal and foreign agencies charged with 
protecting the public health as set forth in law.
    6. Disclosure to other Federal agencies may be made to assist such 
agencies in preventing and detecting possible fraud or abuse by 
individuals in their operations and programs.
    Abuse of Federal programs costs the Federal Government and 
taxpayers large sums of money every year. Information contained in VA 
records may help detect and/or prevent fraud and abuse of other agency 
programs. VA must be able to assist other Federal agencies in their 
efforts to detect and prevent fraud and abuse in their programs.

III. Compatibility of the Proposed Routine Use Disclosures

    The Privacy Act permits VA to disclose information about 
individuals without their consent for a routine use when the 
information will be used for a purpose that is compatible with the 
purpose for which VA collected the information. In all of the routine 
use disclosures described above, the recipient of the information will 
use the information either in connection with a matter relating to one 
of VA's programs, or will use the information to provide a benefit to 
VA, or will disclose as required by law.
    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 of the Office of Management and Budget (OMB) as 
required by 5 U.S.C. 552a(r) (Privacy Act) and guidelines issued by OMB 
on December 12, 2000 (65FR77677).

    Approved: August 30, 2002.
Anthony J. Principi,
Secretary of Veterans Affairs.
120VA047

System name:
    National Veterans Museum Donation Records--VA.

System location:
    VA Central Office, Washington, DC; Financial Services Center, 
Austin, Texas; at the offices of contractors and subcontractors; and VA 
field facilities.

Categories of individuals covered by the system:
    All individuals making gifts or donations to the National Veterans 
Museum.

Categories of records in the system:
    These records include, but are not limited to: name, home address, 
telephone number, type of gift or donation (check/credit card/cash), 
amount of gift or donation, credit card number, expiration date of 
credit card, date of payment process.

Authority for maintenance of the system:
    38 U.S.C. 8301.

Purpose(s):
    These records are used to process payments associated with the 
gifts or donations to the National Veterans Museum, as well as to 
provide a database for future correspondence with the donors.

[[Page 58447]]

Routine uses of records maintained in the system, including categories 
of users and the purposes of such uses:
    1. The record of an individual who is covered by this system may be 
disclosed to a Member of Congress, or a staff person acting for the 
member, when the member or staff person requests the record on behalf 
of and at the written request of the individual.
    2. Disclosure may be made to the National Archives and Records 
Administration (NARA) in records management inspections conducted under 
authority of Title 44 U.S.C.
    3. Records from this system of records may be disclosed to the 
Department of Justice (DOJ) (including U.S. Attorneys) or in a 
proceeding before a court, adjudicative body, or other administrative 
body when litigation or the adjudicative or administrative process is 
likely to affect VA, its employees or any of its components; or when 
VA, its employees, or any of its components is a party to the 
litigation or process, or has an interest in the litigation or process, 
and the use of such records is deemed by VA to be relevant and 
necessary to the litigation or process; provided, however, that the 
disclosure is compatible with the purpose for which the records were 
collected.
    4. Disclosure of relevant information may be made to individuals, 
organizations, private or public agencies, or other entities with whom 
VA has a contract or agreement or where there is a subcontract to 
perform such services as VA may deem practicable for the purposes of 
laws administered by VA, in order for the contractor or subcontractor 
to perform the services of the contract or agreement.
    5. VA may disclose on its own initiative any information in this 
system that is relevant to a suspected or reasonably imminent violation 
of law, whether civil, criminal, or regulatory in nature and whether 
arising by general or program statute or by regulation, rule, or order 
issued pursuant thereto, to a Federal, State, local, tribal, or foreign 
agency charged with the responsibility of investigating or prosecuting 
such violation, or charged with enforcing or implementing the statute, 
regulation, rule, or order.
    6. Disclosure to other Federal agencies may be made to assist such 
agencies in preventing and detecting possible fraud or abuse by 
individuals in their operations and programs.

Policies and practices for storing, retrieving, accessing, retaining, 
and disposing of records in the system:
Storage:
    Paper documents and electronic storage media.

Retrievability:
    These records may be retrieved using various combinations of name 
or identification number (credit card number) of the individual on whom 
the records are maintained.

Safeguards:
    Access to these records is restricted to authorized VA employees, 
contractors, or subcontractors on a ``need to know'' basis. Offices 
where these records are maintained are locked after working hours and 
are protected from outside access by the Federal Protective Service, 
other security officers, and alarm systems. Access to computerized 
records is restricted to authorized VA employees, contractors, or 
subcontractors by means of unique user identification and passwords.

Retention and disposal:
    Paper records and electronic storage media are maintained and 
disposed of in accordance with the NARA records schedules.

System manager(s) and address:
    Deputy Assistant Secretary for Finance (047), VA Central Office, 
Washington, DC 20420.

Notification procedure:
    Individuals seeking information concerning the existence of a 
record pertaining to them must submit a written request to the VA 
station where the records are maintained. Such request must contain a 
reasonable description of the records requested. In addition, 
identification of the individual requesting the information will be 
required in the written request and will consist of the requester's 
name, signature, and address, as a minimum.

Record access procedure:
    (See Notification procedure above.)

Contesting record procedure:
    (See Notification procedure above.)

Record source categories:
    Information received from individuals.
[FR Doc. 02-23405 Filed 9-13-02; 8:45 am]
BILLING CODE 8320-01-P