[Federal Register Volume 74, Number 49 (Monday, March 16, 2009)]
[Notices]
[Pages 11186-11190]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E9-5599]
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DEPARTMENT OF VETERANS AFFAIRS
Privacy Act of 1974; System of Records
AGENCY: Department of Veterans Affairs (VA).
ACTION: Notice of establishment of a new system of records.
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[[Page 11187]]
SUMMARY: The Privacy Act of 1974 (5 U.S.C. 552a(e)(4)) requires that
all agencies publish in the Federal Register a notice of the existence
and character of their systems of records. Notice is hereby given that
the Department of Veterans Affairs (VA) is establishing a new system of
records entitled ``Executive Veterans Affairs Contact Management System
(Exec VA)--VA'' (141VA005Q3).
DATES: Comments on this new system of records must be received no later
than April 15, 2009. If no public comment is received, the new system
will become effective April 15, 2009.
ADDRESSES: Written comments concerning the proposed new system of
records may be submitted through www.Regulations.gov; by mail or hand
delivery to the Director, Regulations Management (02REG), Department of
Veterans Affairs, 810 Vermont Avenue, NW., Room 1068, Washington, DC
20420; or by fax to (202) 273-9026; or e-mail to [email protected].
All comments received will be available for public inspection in the
Office of Regulation Policy and Management, Room 1063B, between the
hours of 8 a.m. and 4:30 p.m., Monday through Friday (except holidays).
Please call (202) 461-4902 for an appointment. In addition, during the
comment period, comments may be viewed online through the Federal
Docket Management System (FDMS) at www.Regulations.gov.
FOR FURTHER INFORMATION CONTACT: Director, Customer Relations &
Executive Projects, Office of the Secretary, 810 Vermont Avenue, NW.,
Washington, DC 20420; (202) 273-4830; fax 202 273-4877.
SUPPLEMENTARY INFORMATION:
I. Description of the Proposed System of Records
The Department of Veterans Affairs (VA) receives and responds to
numerous inquiries concerning benefits administered by the Department
and other matters regarding veterans. These inquiries are received from
veterans, their representatives, individuals and entities doing
business with VA via the telephone. This information is collected and
put into a Web-based communications system known as Executive Veterans
Affairs Contact Management System (Exec VA)--VA.
Information requested to process the inquiries may include the
caller's (and veteran's, if applicable) name, address, phone number,
claim number and Social Security number if provided by the caller.
Callers are not required to provide personal or contact information;
however, in some instances VA may need this information in order to
respond to specific inquiries. The authority to maintain these records
is title 38, United States Code, section 501.
Exec VA is accessed through a secured Intranet Web site located on
the VA network. A username and password are required to log into the
system. Once an authorized user has successfully logged into the
system, information gleaned from the caller is entered into a form and
assigned to pre-established groups, of VA employees, representing VA
staff offices, and VA's three administrations: Veterans Health
Administration (VHA); Veterans Benefits Administration (VBA); and
National Cemetery Administration (NCA). The assigned person(s) receives
an e-mail message notifying them of the inquiry being assigned to them.
The Assignee then logs into the system and performs the required
action, as dictated by the details of the issue, and closes the call.
The details of the call, including the caller's and veteran's
personally identifiable information (PII), are kept in a database
located in Austin, Texas. This collection of data is used to better
serve our veterans by providing a searchable history of their claims,
requests, issues and complaints.
II. Proposed Routine Use Disclosures of Data in the System
We are proposing to establish the following Routine Use disclosures
of information maintained in the system:
1. VA may disclose information from the record of an individual to
a congressional office in response to an inquiry made at the request of
that individual. VA must be able to provide information about
individuals to adequately respond to inquiries from Members of Congress
at the request of constituents who have sought their assistance.
2. VA may disclose information to individuals, organizations,
private or public agencies, or other entities whom VA has a contract or
agreement to perform such services as VA may deem practicable for the
purposes of laws administered by VA, in order for the individual or
entity with whom VA has an agreement or contract to perform the
services of the contract or agreement. This routine use includes
disclosures by the individual or entity performing the service for VA
to any secondary individual or entity to perform an activity that is
necessary for the individual or entity with whom VA has a contract or
agreement to provide the service to VA. This routine use, which also
applies to agreements that do not qualify as contracts defined by
Federal procurement laws and regulations, is consistent with OMB
guidance in OMB Circular A-130, App. I, paragraph 5a(1)(b) that
agencies promulgate routine uses to address disclosure of Privacy Act-
protected information to contractors in order to perform the services
contracts for the agency.
3. VA may disclose information in this system to the Equal
Employment Opportunity Commission when requested in connection with
investigations of alleged or possible discriminatory practices,
examination of Federal affirmative employment programs, or for other
functions of the Commission as authorized by law or regulation. VA must
be able to provide information to EEOC to assist it in fulfilling its
duties to protect employees' rights, as required by statute and
regulation.
4. VA may disclose to the Federal Labor Relations Authority,
including its General Counsel, information related to the establishment
of jurisdiction, the investigation and resolution of allegations of
unfair labor practices, or information in connection with the
resolution of exceptions to arbitration awards when a question of
material fact is raised, in matters properly before the Federal
Services Impasses Panel, and to investigate representation petitions
and conduct or supervise representation elections. VA must be able to
provide information to FLRA to comply with the statutory mandate under
which it operates.
5. VA may disclose information in this system to officials of the
Merit Systems Protection Board, or 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 5 U.S.C. 1205 and 1206, or as
may be authorized by law. VA must be able to provide information to
MSPB to comply with the statutory mandate under which it operates.
6. VA may disclose information identified in 5 U.S.C. 7114(b)(4) to
officials of labor organizations recognized under 5 U.S.C. Chapter 71
when relevant and necessary to their duties of exclusive representation
concerning personnel policies, practices, and matters affecting working
conditions. VA must be able to provide information to unions to assist
them in advancing workers' interests with respect to wages, benefits,
and working conditions. The routine use does not provide any greater
access to Privacy Act protected information under section
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7114(b) then the unions would have to the information if it was not
protected by the Privacy Act. The routine use simply removes the
Privacy Act as a bar to the disclosure of the information at the
Agency's discretion.
7. VA may disclose information from this system of records to the
National Archives and Records Administration in records management
inspections conducted under title 44, U.S.C. NARA is responsible for
archiving old records no longer actively used but which may be
appropriate for preservation, and for the physical maintenance of the
Federal government's records. VA must be able to provide the records to
NARA in order to determine the proper disposition of such records.
8. 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 their 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 provide on its own
initiative information that pertains to a violation of laws to law
enforcement authorities in order for them to investigate and enforce
those laws. Under 38 U.S.C. 5701(a) and (f), VA may only disclose the
names and addresses of veterans and their dependents to Federal
entities with law enforcement responsibilities. This is distinct from
the authority to disclose records in response to a qualifying request
from a law enforcement entity, as authorized by Privacy Act subsection
5 U.S.C. 552a(b)(7).
9. VA may disclose information in this system of records to the
Department of Justice (DoJ), either on VA's initiative or in response
to DoJ's request for the information, after either VA or DoJ determines
that such information is relevant to DoJ's representation of the United
States or any of its components in legal proceedings before a court or
adjudicative body, provided that, in each case, the agency also
determines prior to disclosure that disclosure of the records to the
Department of Justice is a use of the information contained in the
records that is compatible with the purpose for which VA collected the
records. VA, on its own initiative, may disclose records in this system
of records in legal proceedings before a court or administrative body
after determining that the disclosure of the records to the court or
administrative body is a use of the information contained in the
records that is compatible with the purpose for which VA collected the
records. VA must be able to provide information to DoJ in litigation
where the United States or any of its components is involved and has an
interest.
10. VA may, on its own initiative, disclose any information or
records to appropriate agencies, entities, and persons when (1) VA
suspects or has confirmed that the integrity or confidentiality of
information in the system of records has been compromised; (2) the
Department has determined that as a result of the suspected or
confirmed compromise there is a risk of embarrassment or harm to the
reputations of the record subjects, harm to economic or property
interests, identity theft or fraud, or harm to the security,
confidentiality, or integrity of this system or other systems or
programs (whether maintained by the Department or another agency or
entity) that rely upon the potentially compromised information; and (3)
the disclosure is to agencies, entities, or persons whom VA determines
are reasonably necessary to assist or carry out the Department's
efforts to respond to the suspected or confirmed compromise and
prevent, minimize, or remedy such harm. This routine use permits
disclosure that is required by the Memorandum from the Office of
Management and Budget (M-07-16), dated May 22, 2007, of all systems of
records of all federal agencies. Further, the disclosure allows VA to
respond to a suspected or confirmed data breach, including the conduct
of any risk analysis or provision of credit protection services as
provided in 38 U.S.C. 5724 and 5727.
11. VA may disclose information in this system of records to
another Federal agency; either on VA's initiative or in response to a
request from another Federal agency for the information after VA
determines that such information is relevant to that Federal agency's
mission. VA must be able to assist other Federal agencies in carrying
out their operational missions and programs.
III. Compatibility of the 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 Report of Intent to Publish a New System of Records Notice and
an advance copy of the system notice has 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), as amended, and guidelines issued by OMB (65 FR 77677), December
12, 2000.
Approved: February 24, 2009.
John R. Gingrich,
Chief of Staff, Department of Veterans Affairs.
141VA005Q3
SYSTEM NAME:
Executive Veterans Affairs Contact Management System (Exec VA)--VA.
SECURITY CLASSIFICATION:
None.
SYSTEM LOCATION:
The primary location of Exec VA application and database is at the
Corporate Data Center Operations (CDCO), 1615 Woodward Street, Austin,
Texas 78772. Some copies of electronic records and paper records may be
available at various Department of Veterans Affairs (VA) offices where
a matter has been referred for action. Additionally, copies of records
in this system of records may be stored at various VA back up sites,
including, Hines, Ill.
CATEGORIES OF INDIVIDUALS COVERED BY THE SYSTEM:
The category of the individuals covered by the Exec VA database
encompasses veterans, their dependents, representatives, beneficiaries,
and others contacting VA on veterans' issues.
CATEGORIES OF RECORDS IN THE SYSTEM:
Records are maintained in electronic and paper form depending on
the nature of the materials received, background information compiled,
and/or response sent. Each may include the names, Social Security
numbers, mailing addresses, telephone numbers, and
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other personal identifiers routinely required to identify a
correspondent or subject. Other record items maintained may include
personal facts about medical, financial, or memorial benefits related
to the correspondent, veteran, dependent or beneficiary. Internal VA
records may include (but are not limited to) VA administrative,
financial and personnel information. Records may include scanned
document, letter, e-mail, fax, Internet document, tracking sheet, note,
and documentation of a telephone call and/or of a meeting with an
individual.
AUTHORITY FOR MAINTENANCE OF THE SYSTEM:
44 U.S.C. 3501, Note; Pub. L. 107-347, sec. 206(d); Note; 5 U.S.C.
301, and 553.
PURPOSE:
The Exec VA is a contact management system designed to track issues
from veterans, others acting on their behalf, and others seeking
information regarding veterans' issues. Initial contact may come from
calls placed to a VA call center, telephone inquiries received at a VA
office, or other medium including fax, e-mail, or information received
at http://www.va.gov. The Exec VA system is designed to provide a one-
stop repository for veterans' issues. Upon receipt of an inquiry,
pertinent information is entered into Exec VA. The system provides
access controls maintaining the integrity and confidentiality of the
contact management system.
ROUTINE USES OF RECORDS MAINTAINED IN THE SYSTEM, INCLUDING CATEGORIES
OF USERS AND THE PUROSES OF SUCH USES:
1. VA may disclose information from the record of an individual to
a congressional office in response to an inquiry made at the request of
that individual.
2. VA may disclose information to individuals, organizations,
private or public agencies, or other entities whom VA has a contract or
agreement to perform such services as VA may deem practicable for the
purposes of laws administered by VA, in order for the individual or
entity with whom VA has an agreement or contract to perform the
services of the contract or agreement.
3. VA may disclose information in this system to the Equal
Employment Opportunity Commission when requested in connection with
investigations of alleged or possible discriminatory practices,
examination of Federal affirmative employment programs, or for other
functions of the Commission as authorized by law or regulation.
4. VA may disclose to the Federal Labor Relations Authority,
including its General Counsel, information related to the establishment
of jurisdiction, the investigation and resolution of allegations of
unfair labor practices, or information in connection with the
resolution of exceptions to arbitration awards when a question of
material fact is raised, in matters properly before the Federal
Services Impasses Panel, and to investigate representation petitions
and conduct or supervise representation elections.
5. VA may disclose information in this system to officials of the
Merit Systems Protection Board, or 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 5 U.S.C. 1205 and 1206, or as
may be authorized by law.
6. VA may disclose information identified in 5 U.S.C. 7114(b)(4) to
officials of labor organizations recognized under 5 U.S.C. Chapter 71
when relevant and necessary to their duties of exclusive representation
concerning personnel policies, practices, and matters affecting working
conditions.
7. VA may disclose information from this system of records to the
National Archives and Records Administration (NARA) in records
management inspections conducted under title 44, U.S.C. NARA is
responsible for archiving old records no longer actively used but which
may be appropriate for preservation, and for the physical maintenance
of the Federal government's records.
8. 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 their 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.
9. VA may disclose information in this system of records to the
Department of Justice (DoJ), either on VA's initiative or in response
to DoJ's request for the information, after either VA or DoJ determines
that such information is relevant to DoJ's representation of the United
States or any of its components in legal proceedings before a court or
adjudicative body, provided that, in each case, the agency also
determines prior to disclosure that disclosure of the records to the
Department of Justice is a use of the information contained in the
records that is compatible with the purpose for which VA collected the
records. VA, on its own initiative, may disclose records in this system
of records in legal proceedings before a court or administrative body
after determining that the disclosure of the records to the court or
administrative body is a use of the information contained in the
records that is compatible with the purpose for which VA collected the
records.
10. VA may disclose information in this system of records to
another Federal agency; either on VA's initiative or in response to a
request from another Federal agency for the information after VA
determines that such information is relevant to that Federal agency's
mission.
DISCLOSURE TO CONSUMER REPORTING AGENCIES:
The Exec VA database will not disclose information to any consumer
reporting agency from this system of record.
POLICIES AND PRACTICES FOR STORING, RETRIEVING, ACCESSING, RETAINING,
AND DISPOSING OF RECORDS IN THE SYSTEM:
STORAGE:
Exec VA data is regularly backed up and stored at the Corporate
Data Center Operations (CDCO). A copy of the regular backups is
securely transported and stored in a controlled storage facility at
Hines, Illinois.
RETRIEVABILITY:
Records are retrieved by various data elements and key word
searches, among which are by: Name, Number, Call, Priority,
Status, Subject, Address, Call Type, History, Claim, SSN,
Country, State, VISN, Phone, Date, time, group, and Call Range.
SAFEGUARDS:
The Exec VA is accessible by authorized VA personnel only with a
user ID and a password that can be authenticated. Staff of the CDCO
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performs backups for the Exec VA Application Server and the Oracle
Database Server, respectively, according to the following schedule:
Incremental data backups on a daily basis; and
Full data backups on a weekly basis.
RETENTION AND DISPOSAL:
Records will be maintained and disposed of, in accordance with
records disposition authority, approved by the Archivist of the United
States.
SYSTEM MANAGER(S) AND ADDRESSES:
Director, Customer Relations & Executive Projects, Office of the
Secretary, 810 Vermont Ave., NW., Washington, DC 20420; (202) 273-4830.
NOTIFICATION PROCEDURES:
Individuals seeking to determine whether this System of Records
contains information, about them, should address written inquiries to
the Office of Secretary (00), Department of Veterans Affairs, 810
Vermont Ave., NW., Washington, DC 20420. Requests should contain the
full name, address and telephone number of the individual making the
inquiry.
RECORD ACCESS PROCEDURE:
Individuals seeking to access or contest the contents of records,
about themselves, contained in this System of Records should address a
written request, including full name, address and telephone number to
the Office of Secretary (00), Department of Veterans Affairs, 810
Vermont Ave., NW., Washington, DC 20420.
CONTESTING RECORD PROCEDURE:
(See Record Access Procedure above.)
RECORD SOURCE CATEGORIES:
Individuals who contact VA via the VA Web site at http://www.va.gov
or by using a VA call center include veterans, veterans' family members
and/or their representatives, government employees (Federal, State and
local), realtors and home buyers, small business owners, vendors,
funeral directors, clinicians, teachers, researchers, employees of
veterans' service organizations, member of the public and all other
individuals and representatives of organizations.
EXEMPTIONS CLAIMED FOR THE SYSTEM:
No exemptions claimed for this system.
[FR Doc. E9-5599 Filed 3-13-09; 8:45 am]
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