[Federal Register Volume 87, Number 203 (Friday, October 21, 2022)]
[Notices]
[Pages 64141-64146]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2022-22899]


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DEPARTMENT OF VETERANS AFFAIRS


Privacy Act of 1974: System of Records

AGENCY: Office of Security and Law Enforcement, 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 30 days after date of publication in the Federal Register. 
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, (005R1A), 
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: Michael J. Franklin, Director, Police 
Service, 810 Vermont Avenue NW, Washington, DC 20420. Telephone (202) 
461-5544.

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 Services 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.
    The following routine uses for information in this system are added 
or restate existing uses to this system:

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 Federal 
Government, or national security, resulting from a suspected or 
confirmed breach.

[[Page 64142]]

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 such violation 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 a violation or potential 
violation of law, whether civil, criminal, or regulatory in nature. 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. OPM

    To the Office of Personnel Management (OPM) in connection with the 
application or effect of civil service laws, rules, regulations, or OPM 
guidelines in particular situations.

8. 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.

9. 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.

10. 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.

11. 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.

12. 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.

13. Researchers, for Research

    To epidemiological and other research facilities approved by the 
Under Secretary for Health for research purposes determined to be 
necessary and proper, 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.

14. 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.

15. 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.

16. 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.

17. 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. 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.

18. 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.

19. 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. 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.

20. Federal Agencies, for Recovery of Medical Care Costs

    To Federal agencies and government-wide third-party insurers 
responsible for payment of the cost of medical care for the identified 
patients, to seek recovery of the medical care costs. These records

[[Page 64143]]

may also be disclosed as part of a computer matching program to 
accomplish this purpose.

21. 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).

22. 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

23. OMB

    To the Office of Management and Budget (OMB) for the performance of 
its statutory responsibilities for evaluating Federal programs.

24. 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.
    In accordance with the Privacy Act of 1974, 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, Office of 
Management and Budget.

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 September 8, 2022 for 
publication.

    Dated: October 18, 2022.
Amy L. Rose,
Program Analyst, VA Privacy Service, Office of Information Security, 
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 
field facilities. Address locations for VA facilities can be found at 
http://www.va.gov.

SYSTEM MANAGER(S):
    Conrad Hamp, Director, Law Enforcement Training Center, 2200 Fort 
Roots Drive, B193, North Little Rock, AR 72114.

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 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:
    Police 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 or 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. 
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 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;
    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.

[[Page 64144]]

RECORD SOURCE CATEGORIES:
    Information is obtained from Veterans, VA police officers, U.S. 
government employees, retirees, volunteers, contractors, 
subcontractors, other law enforcement agencies, and private citizens.

ROUTINE USES OF RECORDS MAINTAINED IN THE SYSTEM, INCLUDING CATEGORIES 
OF USERS AND THE PURPOSES OF SUCH USES:
25. 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.
26. 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.
27. 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 Federal 
Government, or national security, resulting from a suspected or 
confirmed breach.
28. 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 such violation 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 a violation or potential 
violation of law, whether civil, criminal, or regulatory in nature. 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.
29. 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:
    (e) VA or any component thereof;
    (f) Any VA employee in his or her official capacity;
    (g) Any VA employee in his or her individual capacity where DoJ has 
agreed to represent the employee; or
    (h) 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.
30. 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.
31. OPM
    To the Office of Personnel Management (OPM) in connection with the 
application or effect of civil service laws, rules, regulations, or OPM 
guidelines in particular situations.
32. 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.
33. 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.
34. 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.
35. 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.
36. 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.
37. Researchers, for Research
    To epidemiological and other research facilities approved by the 
Under Secretary for Health for research purposes determined to be 
necessary and proper, 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.
38. 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.
39. 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.
40. 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.

[[Page 64145]]

41. 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. 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.
42. 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.
43. 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. 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.
44. Federal Agencies, for Recovery of Medical Care Costs
    To Federal agencies and government-wide third-party insurers 
responsible for payment of the cost of medical care for the identified 
patients, to seek recovery of the medical care costs. These records may 
also be disclosed as part of a computer matching program to accomplish 
this purpose.
45. 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).
46. 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
47. OMB
    To the Office of Management and Budget (OMB) for the performance of 
its statutory responsibilities for evaluating Federal programs.
48. 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.

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 5252.25.

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 PROCEDURES:
    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.

EXEMPTIONS PROMULGATED FOR THE SYSTEM:
    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.

[[Page 64146]]

    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:
    67 FR 77737 (December 19, 2002); 73 FR 74580 (December 8, 2008).

[FR Doc. 2022-22899 Filed 10-20-22; 8:45 am]
BILLING CODE 8320-01-P