[Federal Register Volume 74, Number 220 (Tuesday, November 17, 2009)]
[Notices]
[Pages 59350-59352]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E9-27448]


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DEPARTMENT OF VETERAN AFFAIRS


Privacy Act of 1974; System of Records

AGENCY: Department of Veteran Affairs (VA).

ACTION: Amendment of One Altered Privacy Act System of Records.

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SUMMARY: In accordance with the Privacy Act of 1974 (5 U.S.C. 
552a(e)(4)), the Department of Veterans Affairs (VA) has amended and is 
publishing the alteration of a system of records entitled ``Freedom of 
Information Act (FOIA) Records-VA'' 119VA005R1C. The amended and 
altered system of records makes only administrative edits and revisions 
as necessary.

DATES: The amended and altered system of records, which incorporates 
the comments received following the initial publication, shall become 
effective December 17, 2009.

FOR FURTHER INFORMATION CONTACT: Director, VA FOIA Service (005R1C), 
Department of Veterans Affairs, 810 Vermont Avenue, NW., Washington, DC 
20420, (202) 461-7457.

SUPPLEMENTARY INFORMATION: As required by Privacy Act of 1974 (5 U.S.C. 
552a(e)(4)), this document sets forth the amendment of the alteration 
of a system of records maintained by VA in response to comments 
received following the initial publication in the Federal Register at 
74 FR 990 on January 9, 2009. VA is altering System No. 119VA005R1B, 
``Freedom of Information Act (FOIA) Records-VA'' to update a change of 
address in the System Location and Storage and to update a change in 
the name and mail routing symbol of the System Manager and the system 
of records number. During the comment period, VA received only one 
response from the public which contained the several comments addressed 
below.
    Comment: One commenter suggested changing the statutory citation 
found under the ``Summary'' heading of the notice from 5 U.S.C. 
552(e)(4) to 5 U.S.C. 552a(e)(4).
    Response: After careful review of this comment, VA agrees and has 
revised the notice.
    Comment: One commenter suggested adding two new routine uses. The 
first would allow access to educational organizations/institutions that 
may need the records for research into the operations of VA or to 
determine if FOIA requests would be unnecessary or duplicative. The 
second would allow access to representatives of the news media who may 
need the records for an investigation or story of public interest.
    Response: After careful review of this comment, VA disagrees with 
the suggested changes and therefore has not revised the notice. This 
system of records contains the home addresses and may also contain the 
home telephone numbers and email addresses of a percentage of 
individuals who submit FOIA requests. Educational organizations/
institutions and representatives of the news media do not possess any 
unique quality or characteristic that should allow them access to such 
personal information. Should such organizations want access to the 
content of this system of records, they may request the records through 
the Freedom of Information Act (FOIA) which would protect the personal 
information we have described from disclosure.
    Comment: One commenter suggested that the records should be 
required to be indexed by subject matter and that each FOIA request 
should be given a request number which can be used to easily identify 
the request and the VA's responses.
    Response: After careful review of this comment, VA disagrees with 
the suggestion that the records be required to be indexed by subject 
matter and therefore has not revised the notice. The records are 
indexed by the name of the requestor, date, and any other identifier 
deemed appropriate. The electronic data can be searched and retrieved 
by many other data elements when necessary, including the subject 
matter of the request. VA already intends to assign a FOIA tracking 
number, or a request number, to every request.
    This Notice meets the requirement to notify the public that VA is 
amending the proposed changes in the VA system of records by 
incorporating the administrative changes following the initial 
publication at 74 FR 990, January 9, 2009. With this notification, this 
system of records is effective [Insert effective date].

    Dated: November 9, 2009.
John R. Gingrich,
Chief of Staff, Department of Veterans Affairs.
119VA005R1C

SYSTEM NAME:
    Freedom of Information Act (FOIA) Records-VA.

SYSTEM LOCATION:
    Records are maintained at the VA Central Office FOIA Offices, 810 
Vermont Avenue, NW., Washington, DC 20420; 806 W. Diamond Avenue, Suite 
400, Gaithersburg, MD 20878, and all VA field facilities. A list of the 
field facilities may be found at the following Internet address: http://www2.va.gov/directory/guide/home.asp.

CATEGORIES OF INDIVIDUALS COVERED BY THE SYSTEM:
    This system contains records and related correspondence on 
individuals who have filed with VA:
    a. Requests for information under the provisions of the Freedom of 
Information Act (5 U.S.C. 552), including requests for review of 
initial denials of such requests.
    b. Requests under the provisions of the Privacy Act (5 U.S.C. 552a) 
for records about themselves where the FOIA is also relied upon to 
process the request and which then meet the Department of Justice's 
(DOJ) standard for required reporting in the Annual FOIA Report to the 
Attorney General of the United States.

CATEGORIES OF RECORDS IN THE SYSTEM:
    This system contains correspondence and other documents related to 
requests made by individuals to VA for:

[[Page 59351]]

    a. Information under the provisions of the Freedom of Information 
Act (5 U.S.C. 552), including requests for review of initial denials of 
such requests.
    b. Information under provisions of the Privacy Act (5 U.S.C. 552a) 
and requests for review of initial denials of such requests made under 
VA's Privacy Act regulations regarding requests for records about 
themselves where the FOIA is also relied upon to process the request 
and which then meet the Department of Justice's (DOJ) standard for 
required reporting in the Annual FOIA Report to the Attorney General of 
the United States.

AUTHORITY FOR MAINTENANCE OF THE SYSTEM:
    Includes the following with any revisions and amendments:
    The Privacy Act of 1974 (5 U.S.C. 552a); the Freedom of Information 
Act, as amended (5 U.S.C. 552); 5 U.S.C. 301 and 38 U.S.C. 501.

PURPOSE(S):
    The system is maintained for the purpose of processing an 
individual's record request made under the provisions of the Freedom of 
Information and Privacy Acts. These records are also used by VA to 
prepare reports required by the Freedom of Information and Privacy Acts 
to the Office of Management and Budget and the Department of Justice. 
The proposed system of records will assist the Department of Veterans 
Affairs in carrying out its responsibilities under the Freedom of 
Information and Privacy Acts. The records maintained in the proposed 
system can originate in both paper and electronic format.

ROUTINE USES OF RECORDS MAINTAINED IN THE SYSTEM, INCLUDING CATEGORIES 
OF USERS AND THE PURPOSES OF SUCH USES:
    System information may be accessed and used by authorized VA 
employees, with a legitimate need to know, to conduct duties associated 
with the management and operation of the FOIA-PA program. Information 
may also be disclosed as a routine use for the following purposes:
    1. VA may disclose information from this system of records to the 
Office of Management and Budget (OMB) for the performance of its 
statutory responsibilities for evaluating Federal programs.
    2. VA may disclose information from 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 release of the records to the DOJ 
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.
    3. VA may disclose information from the record of an individual in 
response to an inquiry from a Congressional office made at the request 
of that individual.
    4. VA may disclose information from this system to the National 
Archives and Records Administration (NARA) and General Services 
Administration (GSA) in records management inspections conducted under 
Title 44 U.S.C.
    5. VA may disclose information from this system of records to 
individuals, organizations, private or public agencies, or other 
entities or individuals with 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 contractor, subcontractor, 
public or private agency, or other entity or individual with whom VA 
has a contract or agreement to perform services under the contract or 
agreement.
    6. VA may, on its own initiative, disclose 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.
    7. VA may disclose information from this system to the Equal 
Employment Opportunity Commission (EEOC) when requested 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 or regulation.
    8. VA may disclose information from this system to the Merit 
Systems Protection Board (MSPB), 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 
authorized by law.
    9. VA may disclose information from this system to the Federal 
Labor Relations Authority (FLRA), including its General Counsel, 
information related to the establishment of jurisdiction, 
investigation, and resolution of allegations of unfair labor practices, 
or in connection with the resolution of exceptions to arbitration 
awards when a question of material fact is raised; for it to address 
matters properly before the Federal Services Impasses Panel, 
investigate representation petitions, and conduct or supervise 
representation elections.
    10. VA may, on its own initiative, disclose information from this 
system 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.
    11. 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.

[[Page 59352]]

POLICIES AND PRACTICES FOR STORING, RETRIEVING, ACCESSING, RETAINING 
AND DISPOSING OF RECORDS IN THE SYSTEM:
STORAGE:
    Electronic data are maintained on Direct Access Storage Devices at 
AINS Inc., 806 W. Diamond Avenue, Suite 400, Gaithersburg, Maryland 
20878. AINS Inc. stores registry tapes for disaster back up at the 
storage location. Registry tapes for disaster back up are also 
maintained at an off-site location. VA Central Office and VA field 
facilities also maintain paper reports and electronic data.

RETRIEVABILITY:
    Records are indexed by name of requester, date and any other 
identifier deemed appropriate.

SAFEGUARDS:
    This list of safeguards furnished in this System of Records is not 
an exclusive list of measures that has been, or will be, taken to 
protect individually-identifiable information.
    All records are maintained in compliance with applicable VA 
security policy directives that specify the standards that will be 
applied to protect sensitive personal information, including protection 
from unauthorized access through appropriate administrative, physical, 
and technical safeguards. These safeguards include restricting access 
to authorized personnel who have a need-to-know, using locks and 
password protection identification features.
    Authorized personnel are required to take annual VA mandatory data 
privacy and security training. Access to data storage areas is 
restricted to authorized VA employee or contract staff who have been 
cleared to work by the VA Office of Security and Law Enforcement. File 
areas are locked after normal duty hours. VA facilities are protected 
from outside access by the Federal Protective Service and/or other 
security personnel. Security complies with applicable Federal 
Information Processing Standards (FIPS) issued by the National 
Institute of Standards and Technology (NIST). Contractors and their 
subcontractors who access the data are required to maintain the same 
level of security as VA staff. Access to electronic files is controlled 
by using an individually unique password entered in combination with an 
individually unique user identification code.

RETENTION AND DISPOSAL:
    Records will be maintained and disposed of in accordance with 
records disposition authority approved by the Archivist of the United 
States. Routine records will be disposed of when the agency determines 
they are no longer needed for administrative, legal, audit or other 
operational purposes. These retention and disposal statements are 
pursuant to the National Archives and Records Administration (NARA) 
General Record Schedules GRS-20, item 1c and GRS 24, item 6a.

SYSTEM MANAGER(S) AND ADDRESS:
    Director, VA FOIA Service (005R1C), Department of Veterans Affairs, 
810 Vermont Avenue, NW., Washington, DC 20420.

NOTIFICATION PROCEDURE:
    An individual who wishes to determine whether a record is being 
maintained in this system under his or her name or other personnel 
identifier, or wants to determine the contents of such record, should 
submit a written request or apply in person to the last VA facility 
where the request or appeal was submitted or to the Director, VA FOIA 
Service (005R1C), 810 Vermont Avenue, NW., Washington, DC 20420. Such 
requests must contain a reasonable description of the records 
requested. Inquires should also include the following:

    a. Name
    b. Telephone Number and Return Address
    c. Date of Request or Appeal

RECORD ACCESS PROCEDURES:
    Individuals wishing to request access to their records maintained 
under his or her name may write or visit the nearest VA facility or 
write to their regional VA Public Liaison/FOIA officer listed at http://www.foia.va.gov/FOIA_Contacts.asp.

CONTESTING RECORDS PROCEDURES:
    (See ``Record Access Procedures'' above.)

RECORD SOURCE CATEGORIES:
    Information in this system of records is obtained from the 
following: Requests and administrative appeals submitted by individuals 
and organizations pursuant to the FOIA and Privacy Acts; VA personnel 
assigned to handle such requests and appeals; Agency records searched 
and identified as responsive to such requests and appeals; and requests 
referred by Agencies or other entities concerning VA records.

[FR Doc. E9-27448 Filed 11-16-09; 8:45 am]
BILLING CODE 8320-01-P