Notice2022-22899
Privacy Act of 1974: System of Records
Primary source
Metadata and text below are from the Federal Register, a public-domain U.S. government work. Always verify the official published version before relying on it for any legal matter.
Published
October 21, 2022
Issuing agencies
Veterans Affairs Department
Abstract
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.
Full Text
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<title>Federal Register, Volume 87 Issue 203 (Friday, October 21, 2022)</title>
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[Federal Register Volume 87, Number 203 (Friday, October 21, 2022)]
[Notices]
[Pages 64141-64146]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[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 <a href="http://www.Regulations.gov">www.Regulations.gov</a> 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 <a href="http://regulations.gov">regulations.gov</a> 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
<a href="http://www.va.gov">http://www.va.gov</a>.
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
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</html>Indexed from Federal Register on October 21, 2022.
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