[Federal Register Volume 67, Number 244 (Thursday, December 19, 2002)]
[Notices]
[Pages 77823-77827]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 02-31709]


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DEPARTMENT OF VETERANS AFFAIRS


Privacy Act of 1974; System of Records

AGENCY: Department of Veterans Affairs (VA).

[[Page 77824]]


ACTION: New System of Records--Police and Security Records--VA 
(103VA07B).

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SUMMARY: As required by the Privacy Act of 1974, Title 5 United States 
Code, Section 552a(e), notice is hereby given that the Department of 
Veterans Affairs (VA) is adding a new system of records, ``Police and 
Security Records--VA'' (103VA07B).

DATES: Comments on the establishment of this new system of records must 
be received no later than January 21, 2003. If no public comment is 
received, the new system will become effective January 21, 2003.

ADDRESSES: Written comments concerning the proposed new system of 
records may be submitted to the Office of Regulations Management (02D), 
Department of Veterans Affairs, 810 Vermont Avenue, NW., Washington, DC 
20420. 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: Director, Police and Security Service 
(07B), Department of Veterans affairs, 810 Vermont Avenue, NW., 
Washington, DC 20420, telephone (202) 273-5544.

SUPPLEMENTARY INFORMATION:

I. Description of the Proposed Systems of Records

    Until 1989, the VA Police and Security Service was organizationally 
within VA's Veterans Health Administration (VHA) and its mission was 
the operational oversight and guidance of the security services at VHA 
health care facilities nationwide. In 1989, Police and Security Service 
was placed within the Office of the Deputy Assistant Secretary for 
Security and Law Enforcement within the Office of the Assistant 
Secretary for Human Resources and Administration. 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 VA 
facilities nationwide and at the Central Office facilities. In 
addition, it oversees the Department's Personnel and Classified 
Information Security Program.
    The new system of records will cover veterans, Federal government 
employees, VA police officers, retirees, volunteers, contractors, 
subcontractors, and other individuals, including private citizens, 
involved in activities within the assigned responsibilities of Police 
and Security Service at VA field facilities and Central Office. The 
records in the system will be comprised of electronic and paper records 
that contain information retrieved by name or personal identifier and 
found in such files as a master name index file, quick name check, 
offense reports, violations, motor vehicle registrations, wants and 
warrants, police daily operations journal, police officer training 
records, photographs, uniform offense reports, accident reports, 
information on identification cards, records of evidence and property, 
and records of citations. The authority to maintain these records is 
Title 38, United States Code, Section 501 and Sections 901-905. The 
records and information contained in this system of records are 
necessary for the effective administration and management of the 
Department's nationwide Police and Security program. This requires the 
collection and use of accurate, up-to-date data for the purposes of 
enforcing laws protecting persons and property on VA property and at VA 
Central Office, and overseeing VA's Emergency Preparedness and 
Personnel and Classified Information Security programs. Records in the 
system are maintained electronically, on paper, or both, and are 
retrieved by the name or Social Security Number of any one of several 
individuals who may be identified in data fields in the electronic 
records maintained on VistA and entered and accessed by means of the 
Police and Security VistA module. These individuals include victim, VA 
police officer, witness, and suspect.

II. Proposed Routine Use Disclosures of Data in the System

    A. Disclosure may be made to a congressional office from the record 
of an individual in response to an inquiry from the congressional 
office made at the request of that individual.
    Individuals sometimes request the help of a Member of Congress in 
resolving some issues 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.
    B. Disclosure may be made to National Archives and Records 
Administration (NARA) in records management activities and inspections 
conducted under authority of Title 44 United States Code.
    NARA is responsible for archiving records no longer actively used, 
but which may be appropriate for preservation. NARA is responsible, in 
general, for the physical maintenance of the Federal government's 
records. VA must be able to turn records over to this Agency in order 
to determine the proper disposition of such records.
    C. Disclosure may be made to the Department of Justice (DoJ) and 
United States attorneys in defense or prosecution of litigation 
involving the United States, and to Federal agencies upon their request 
in connection with review of administrative tort claims filed under the 
Federal Tort Claims Act, Title 28 United States Code, Section 2672.
    VA must be able to provide information to DoJ and other Federal 
agencies for litigation of tort claims.
    D. Any information in this system, except for the name and address 
of a veteran, may be disclosed to a Federal, State, local, tribal, or 
foreign agency maintaining civil or criminal violation records, or 
other pertinent information such as prior employment history, prior 
Federal employment background investigations, and/or personal or 
educational background in order for VA to obtain information relevant 
to the hiring, transfer, or retention of an employee, the letting of a 
contract, the granting of a security clearance, or the issuance of a 
grant or other benefit. The name and address of a veteran may be 
disclosed to a Federal agency under this routine use if this 
information has been requested by the Federal agency in order to 
respond to the VA inquiry.
    VA needs to obtain information from other agencies in order to 
conduct background and security clearance checks on applicants for 
employment to VA, contractors, or persons requesting a grant.
    E. VA may disclose on its own initiative any information in this 
system, except the names and home addresses of veterans and their 
dependents, which 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. On its own initiative, VA may 
also disclose the names and addresses of veterans and dependents to a 
Federal agency charged with the responsibility of investigating or 
prosecuting civil, criminal, or regulatory violations of law, or 
charged with enforcing or implementing the statute, regulation, rule, 
or order issued pursuant thereto.
    VA must be able to notify agencies charged with enforcing the law 
or conducting investigations. VA must also

[[Page 77825]]

be able to provide information to State or local agencies charged with 
protecting the public health as set forth in State law.
    F. Information from this system of records may be disclosed to DoJ 
or in a proceeding before a court, adjudicative body, or other 
administrative body before which the Agency is authorized to appear 
when: the Agency, or any component thereof, or any employee of the 
Agency in his or her official capacity, where DoJ or the Agency has 
agreed to represent the employee or the U.S.; when the Agency 
determines that litigation is likely to affect the Agency, or any of 
its components, is a party to litigation and has an interest in such 
litigation, and the use of such information by DoJ or the Agency is 
deemed by the Agency to be relevant and necessary to the litigation 
provided that the disclosure is compatible with the purpose for which 
the records were collected.
    Whenever VA is involved in litigation, or occasionally when another 
party is involved in litigation, and VA policies or operations could be 
affected by the outcome of the litigation, VA would be able to disclose 
information to the court or 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 is compatible with a purpose for which VA collects the 
information.
    G. Information in this system regarding traffic accidents may be 
disclosed to private insurance companies for use in determining payment 
of a claim under a policy.
    H. Any Information in this system may be disclosed to attorneys 
representing veterans, employees, contractors, subcontractors, or 
private citizens being investigated and/or prosecuted for violating the 
law to assist attorneys in representing their clients, except where VA 
has decided release is inappropriate under Title 5, United States Code 
Sections 552a(j) and (k).
    I. Disclosure of information to the Federal Labor Relations 
Authority (FLRA) (including its General Counsel) when requested in 
connection with the investigation and resolution of allegations of 
unfair labor practices, in connection with the resolution of exceptions 
to arbitrator awards when a question of material fact is raised, in 
connection with matters before the Federal Service Impasses Panel, and 
to investigate representation petitions and conduct or supervise 
representation elections.
    The release of information to FLRA from this Privacy Act system of 
records is necessary to comply with the statutory mandate under which 
FLRA operates. It has also been determined that the release of 
information for this purpose is a necessary and proper use of the 
information in this system of records.
    J. Information may be disclosed to the Equal Employment Opportunity 
Commission when requested in connection with investigations of alleged 
or possible discrimination practices, examination of Federal 
affirmative employment programs, compliance with the Uniform Guidelines 
of Employee Selection Procedures, or other functions vested in the 
Commission by the President's Reorganization Plan No. 1 of 1978.
    K. Information may be disclosed to officials of the Merit Systems 
Protection Board, and the Office of the Special Counsel, when requested 
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 Title 5 United States Code, Sections 1205 and 
1206, or as may be authorized by law.
    L. Disclosure may be made to the VA-appointed representative of an 
employee of all notices, 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.

III. Compatibility of the Proposed Routine Uses

    The Privacy Act permits disclosure of 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 the 
information is collected. In all of the routine use disclosures 
described above, either the recipient of the information will use the 
information in connection with a matter relating to one of VA's 
programs; to provide a benefit to VA; or because disclosure is 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 
(61 FR 6428), February 20, 1996.

    Approved: August 12, 2002.
Anthony J. Principi,
Secretary of Veterans Affairs.
103VA07B

System Name: Police and Security Records--VA.
System Location:
    VA Police and Security personnel maintain electronic and paper 
records at VA facilities and VA Central Office, 810 Vermont Ave., NW., 
Washington, DC 20420. Address locations for VA facilities are listed in 
VA Appendix 1 of the biennial publication of the VA systems of records.

Categories of Individuals Covered by the System:
    Veterans, VA police officers, Federal 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:
    Security 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 of 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. Uniform 
Offense Reports contain information of

[[Page 77826]]

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 and copies 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. Records pertaining to individuals with outstanding warrants, 
summons, court commitments, or other types of legal process.
    7. Daily Operations Journal records include names and other 
personal identifying information of persons with whom VA police have 
had official, duty-related contact.
    8. VA police officer training records.
    9. Photographs of any and all persons and/or scenes pertinent to an 
incident or investigation.
    10. Motor vehicle registrations.
    11. Identification cards with photographic images for veterans, 
Federal government employees, retirees, volunteers, contractors, 
subcontractors, or private citizens.
    12. Records of evidence, confiscated property, or property being 
held for safekeeping.

Authority for Maintenance of the System:
    United States Code (U.S.C.), Section 501 and Sections 901-905.

Purpose:
    The records and information contained in this system of records are 
necessary for the effective administration and management of the 
Department's nationwide Police and Security 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 
and at VA Central Office. 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 the 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.

Routine Uses of Records Maintained in the System, Including Categories 
of Users and the Purposes of Such Uses:
    1. Disclosure may be made to a congressional office from the record 
of an individual in response to an inquiry from the congressional 
office that is made at the request of that individual.
    2. Disclosure may be made to the National Archives and Records 
Administration (NARA) in records management activities and inspections 
conducted under authority of Title 44 United States Code.
    3. Disclosure may be made to DoJ and United States attorneys in 
defense or prosecution of litigation involving the United States, and 
to Federal agencies upon their request in connection with review of 
administrative tort claims filed under the Federal Tort Claims Act, 
Title 28 United States Code, Section 2672.
    4. Any information in this system, except the name and address of a 
veteran, may be disclosed to a Federal, State, or local agency 
maintaining civil or criminal violation records or other pertinent 
information such as prior employment history, prior Federal employment 
background investigations, and/or personal or educational background in 
order for VA to obtain information relevant to the hiring, transfer, or 
retention of an employee, the letting of a contract, the granting of a 
security clearance, or the issuance of a grant or other benefit. The 
name and address of a veteran may be disclosed to a Federal agency 
under this routine use of this information has been requested by the 
Federal agency in order to respond to the VA inquiry.
    5. VA may disclose on its own initiative any information in this 
system, except the names and home addresses of veterans and their 
dependents, which 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. On its own initiative, VA may 
also disclose the names and addresses of veterans and dependents to a 
Federal agency charged with the responsibility of investigating or 
prosecuting civil, criminal, or regulatory violations of law, or 
charged with enforcing or implementing the statute, regulation, rule, 
or order issued pursuant thereto.
    6. Information from this system of records may be disclosed to DoJ 
or in a proceeding before a court, adjudicative body, or other 
administrative body before which the Agency is authorized to appear 
when: the Agency, or any component thereof, or any employee of the 
Agency in his or her official capacity, where DoJ or the Agency has 
agreed to represent the employee or the U.S.; when the Agency 
determines that litigation is likely to affect the Agency or any of its 
components, is a party to litigation and has an interest in such 
litigation, and the use of such information by DoJ or the Agency is 
deemed by the Agency to be relevant and necessary to the litigation 
provided that the disclosure is compatible with the purpose for which 
the records were collected.
    7. Information in this system regarding traffic accidents may be 
disclosed to private insurance companies for use in determining payment 
of a claim under a policy.
    8. To assist attorneys in representing their clients, any 
information in this system may be disclosed to attorneys representing 
veterans, Federal 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).
    9. Disclosure of information to FLRA, including its General 
Counsel, when requested in connection with the investigation and 
resolution of allegations of unfair labor practices, in connection with 
the resolution of exceptions to arbitrator awards when a question of 
material fact is raised, in connection with matters before the Federal 
Service Impasses Panel, and to investigate representation petitions and 
conduct or supervise representation elections.
    10. Information may be disclosed to the Equal Employment 
Opportunity Commission when requested in connection with investigations 
of alleged or possible discrimination practices, examination of Federal 
affirmative employment programs, compliance with the Uniform Guidelines 
of Employee Selection Procedures, or other functions vested in the 
Commission by the President's Reorganization Plan No. 1 of 1978.
    11. Information may be disclosed to officials of the Merit Systems 
Protection Board, and the Office of the Special Counsel, when requested 
in connection with appeals, special studies of the civil service and 
other merit systems, reviews of rules and regulations, investigation of

[[Page 77827]]

alleged or possible prohibited personnel practices, and such other 
functions, promulgated in Title 5 United States Code, Sections 1205 and 
1206, or as may be authorized by law.
    12. Disclosure may be made to the VA-appointed representative of an 
employee of all notices, 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.

Policies and Practices for Storing, Retrieving, Accessing, Retaining 
and Disposing of Records in the System:
Storage:
    VA Police and Security Services maintain electronic and paper 
records at each VA facility and VA Central Office.

Retrievability:
    Information is retrieved by name or Social Security Number.

Safeguards:
    Access to working areas where information is maintained in VA 
facilities and VA Central Office 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 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.

Retention and Disposal:
    Records will be maintained and disposed of in accordance with the 
recorded disposition authority approved by the Archivist of the United 
States.

System Manager(s) and Address:
    Director, Police and Security Service (07B), 810 Vermont Avenue, 
NW., Washington, DC 20420.

Notification Procedures:
    An individual who wishes to determine whether a record is being 
maintained under his or her name in this system or wishes to determine 
the contents of such records should submit a written request or apply 
in person to the VA facility where the records are located. VA facility 
location information can be found in the Facilities Locator section of 
VA's Web site at http://www.va.gov. A majority of records in this 
system are exempt from record access and amendment provisions of Title 
5 United States Code, Sections 552a(j) and (k). To the extent that 
records in the 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 tie a request for access or 
contest is received.

Record Access Procedure:
    Individuals seeking information regarding access to and amendment 
of records in this system may write, call or visit the VA facility 
where the records are maintained.

Contesting Record Procedures:
    (See Record Access Procedure above).

Record Source Categories:
    Information is obtained from veterans, VA police officers, Federal 
government employees, retirees, volunteers, contractors, 
subcontractors, other law enforcement agencies, and private citizens.

Systems Exempted from Certain Provisions of the Act:
    Under Title 5 United States Code, 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 and Security 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 criminal law related activities assigned by the Department 
under the authority of Title 38 United States Code, Section 901 to the 
Police and Security Service. These activities constitute the principal 
function of this staff.
    In addition to principal functions pertaining to the enforcement of 
criminal laws, the Police and Security 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 has 
exempted this system of records, to the extent that it encompasses 
information pertaining to criminal law 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 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 and Security 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 Policy and Security personnel.

[FR Doc. 02-31709 Filed 12-18-02; 8:45 am]
BILLING CODE 8320-01-U