41490 Federal Register / Vol. 74, No. 157 / Monday, August 17, 2009 / Notices 

as well as for compliance with HMDA 

itself. Examiners also use HMDA data to 

determine whether associations are 

helping to meet the credit needs of their 

communities as required by the 

Community Reinvestment Act. 

Type of Review: Extension of a 

currently approved collection. 

Affected Public: Businesses or other 

for-profit. 

Estimated Number of Respondents: 

588. 

Estimated Number of Responses: 0.03 

hours per application (approximately 

8,361 applications per LAR). 

Estimated Frequency of Response: 

Annually. 

Estimated Total Burden: 147,488 

hours. 

Dated: August 12, 2009. 

Ira L. Mills, 

Paperwork Clearance Officer, Office of Thrift 

Supervision. 

[FR Doc. E9–19684 Filed 8–14–09; 8:45 am] 

BILLING CODE 6720–01–P 

DEPARTMENT OF VETERANS 

AFFAIRS 

Privacy Act of 1974; System of 

Records 

AGENCY: Department of Veterans Affairs 

(VA). 

ACTION: Notice of amendment to system 

of records. 

SUMMARY: As required by the Privacy 

Act of 1974, 5 U.S.C. 552a(e), notice is 

hereby given that the Department of 

Veterans Affairs (VA) is amending the 

system of records currently entitled 

‘‘Compliance Records, Response, and 

Resolution of Reports of Persons 

Allegedly Involved in Compliance 

Violations—VA’’ (106VA17) as set forth 

in the Federal Register 66 FR 59842 and 

last amended Nov. 30, 2001. VA is 

amending the system of records by 

revising the Routine Uses of Records 

Maintained in the System Including 

Categories of Users and the Purpose of 

Such Uses. VA is republishing the 

system notice in its entirety. 

DATES: Comments on the amendment of 

this system of records must be received 

no later than September 16, 2009. If no 

public comment is received, the 

amended system will become effective 

September 16, 2009. 

ADDRESSES: Written comments may be 

submitted through http:// 

www.Regulations.gov; by mail or handdelivery to Director, Regulations 

Management (02Reg), Department of 

Veterans Affairs, 810 Vermont Avenue, 

NW., Room 1068, Washington, DC 

20420; or by fax to (202) 273–9026. 

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 (this is not a toll-free 

number) for an appointment. In 

addition, during the comment period, 

comments may be viewed online 

through the Federal Docket Management 

System (FDMS) at http:// 

www.Regulations.gov. 

FOR FURTHER INFORMATION CONTACT: 

Veterans Health Administration (VHA) 

Privacy Officer, Department of Veterans 

Affairs, 810 Vermont Avenue, NW., 

Washington, DC 20420; telephone (704) 

245–2492. 

SUPPLEMENTARY INFORMATION: Routine 

use 13 was amended to read: Disclosure 

may be made to the National Archives 

and Records Administration (NARA) 

and the General Services 

Administration (GSA) in records 

management inspections conducted 

under authority of Title 44, Chapter 29, 

of the United States Code. 

Routine use 14 was added to disclose 

information 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. 

Routine use 15 was added to disclose 

information to other Federal agencies 

that may be made to assist such agencies 

in preventing and detecting possible 

fraud or abuse by individuals in their 

operations and programs. 

Routine use 16 was added so that the 

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 disclosures by the Department 

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, as the terms are defined in 

38 U.S.C. 5727. 

The Report of Intent to Amend a 

System of Records Notice and an 

advance copy of the system notice have 

been sent to the appropriate 

Congressional committees and to the 

Director of the Office of Management 

and Budget (OMB) as required by 5 

U.S.C. 552a(r) (Privacy Act) and 

guidelines issued by OMB (65 FR 

77677), December 12, 2000. 

Approved: July 30, 2009. 

John R. Gingrich, 

Chief of Staff, Department of Veterans Affairs. 

110VA17 

SYSTEM NAME: 

Compliance Record, Response, and 

Resolution of Reports of Persons 

Allegedly Involved in Compliance 

Violations—VA 

SYSTEM LOCATION: 

All computerized and paper records 

are located at: Department of Veterans 

Affairs (VA) Central Office, 810 

Vermont Avenue, NW., Washington, DC 

20420; Veterans Integrated Service 

Networks (VISNs); and, VA health care 

facilities. Address locations for VA 

facilities are listed in VA Appendix 1 of 

the biennial publication of the Privacy 

Act Issuances. 

CATEGORIES OF INDIVIDUALS COVERED BY THE

SYSTEM: 

The following categories of 

individuals will be covered by the 

system: (1) Employees, (2) Veterans, (3) 

third parties such as contractors who 

conduct official business with the 

Veterans Health Administration (VHA), 

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(4) family members or representatives of 

Veterans, and (5) subjects of complaints 

and complainants. Complainants are 

individuals who have reported a 

possible violation of law, rules, policies, 

regulations, or external program 

requirements, such as third-party payer 

billing guidelines. 

CATEGORIES OF RECORDS IN THE SYSTEM: 

Records (or information contained in 

records) in this system include 

allegations made by individuals calling 

the VHA Office of Compliance and 

Business Integrity Help Line, or through 

another source, to report a possible 

violation of law, rules, policies, 

procedures, regulations, or external 

program requirements such as thirdparty payer billing guidelines. Records 

also may contain reports of the reviews 

or investigations conducted at the 

medical center, VISN, or Central Office 

level to verify the reported allegations 

and take remedial action as needed. 

VHA Office of Compliance Office and 

Business Integrity will maintain a copy 

of these reports. Information in this 

system regarding reports of suspected 

non-compliance may include: (1) The 

name, home and work address and 

phone number of the complainant; (2) 

the name of the subject of the 

complaint; (3) the name or patient 

number of Veteran patient who received 

services associated with the complaint; 

(4) the date when the allegation was 

reported; (5) the date, location and 

nature of the alleged wrongdoing; and 

(6) the Compliance Office’s 

identification number assigned to the 

case. The records will also include the 

status of each case (open or closed). 

Information in the investigation 

records may include: (1) The name of 

the subject of an investigation; (2) the 

names of individuals whose work was 

reviewed as part of the investigation; (3) 

the names or patient numbers of Veteran 

patients whose medical records were 

reviewed in order to investigate the 

allegation; (4) the station at which an 

investigation took place; (5) the time 

period when the investigation took 

place; (6) the nature of the allegation; (7) 

the outcome of the investigation; (8) the 

recommended action; and, (9) the 

identification number assigned to the 

case. Information may be in the form of 

a narrative summary or synopsis, 

exhibits, or internal documentation and 

memoranda. 

Records in the system will be a 

combination of computerized files and 

paper files. Both paper and electronic 

records may contain the information 

listed above, and may relate to 

complainants and subjects of 

complaints. 

AUTHORITY FOR MAINTENANCE OF THE SYSTEM: 

Title 38 United States Code, section 

501. 

PURPOSE(S): 

The purpose is to establish a process 

to receive reports of suspected 

compliance violations, and to maintain 

a system to respond to such allegations. 

ROUTINE USES OF RECORDS MAINTAINED IN THE

SYSTEM, INCLUDING CATEGORIES OF USERS AND

THE PURPOSES OF SUCH USES: 

To the extent that records contained 

in the system include information 

protected by 45 CFR Parts 160 and 164, 

i.e., individually identifiable health 

information, and 38 U.S.C. 7332, i.e., 

medical treatment information related to 

drug abuse, alcoholism or alcohol abuse, 

sickle cell anemia or infection with the 

human immunodeficiency virus, that 

information cannot be disclosed under a 

routine use unless there is also specific 

statutory authority in 38 U.S.C. 7332 

and regulatory authority in 45 CFR Parts 

160 and 164 permitting disclosure. 

1. The record of an individual who is 

covered by this system may be disclosed 

to a Member of Congress or staff person 

acting for the member when the member 

or staff person requests the records on 

behalf of and at the request of that 

individual. 

2. Any information in this system may 

be disclosed to a Federal agency, upon 

its official request, to the extent that it 

is relevant and necessary to that 

agency’s decision regarding: the hiring, 

retention or transfer of an employee, the 

issuance of a security clearance, the 

letting of a contract, or the issuance or 

continuance of a license, grant or other 

benefit given by that agency. However, 

in accordance with an agreement with 

the U.S. Postal Service, disclosures to 

the U.S. Postal Service for decisions 

concerning the employment of Veterans 

will only be made with the Veteran’s 

prior written consent. 

3. Any information in this system may 

be disclosed to a State or local agency, 

upon its official request, to the extent 

that it is 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 or 

continuance of a license, grant or other 

benefit by the agency; provided, that if 

the information pertains to a Veteran, 

the name and address of the Veteran 

will not be disclosed unless the name 

and address is provided first by the 

requesting State or local agency. 

4. Any information in this system, 

except the name and address of a 

Veteran, may be disclosed to a Federal, 

State or local agency maintaining civil 

or criminal violation records, or other 

pertinent information such as prior 

employment history, prior Federal 

employment background investigations, 

or personal or educational background 

in order for VA to obtain information 

relevant to the hiring, transfer or 

retention of an employee, the letting of 

a contract, the granting of a security 

clearance, or the issuance of a grant or 

other benefit. The name and address of 

a Veteran may be disclosed to a Federal 

agency under this routine use if this 

information has been requested by the 

Federal agency in order to respond to 

the VA inquiry. 

5. Any information in this system, 

except the name and address of a 

Veteran, which is relevant to a 

suspected violation 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, may be 

disclosed to a Federal, State, local 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 issued 

pursuant thereto. 

6. The name and address of a Veteran, 

which is relevant to a suspected 

violation 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, may be disclosed to a 

Federal agency charged with the 

responsibility of investigating or 

prosecuting such violation, or charged 

with enforcing or implementing the 

statute, regulation, rule or order issued 

pursuant thereto, in response to its 

official request. 

7. The name and address of a Veteran, 

which is relevant to a suspected 

violation or reasonably imminent 

violation of law concerning public 

health or safety, whether civil, criminal 

or regulatory in nature and whether 

arising by general or program statute or 

by regulation, rule or order issued 

pursuant thereto, may be disclosed to 

any foreign, State or local governmental 

agency or instrumentality charged under 

applicable law with the protection of 

the public health or safety if a qualified 

representative of such organization, 

agency or instrumentality has made a 

written request that such name and 

address be provided for a purpose 

authorized by law. 

8. Any information in this system may 

be disclosed to the U.S. Office of Special 

Counsel, upon its official request, when 

required for the Special Counsel’s 

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41492 Federal Register / Vol. 74, No. 157 / Monday, August 17, 2009 / Notices 

review of the complainant’s allegations 

of prohibited personnel practices. 

9. The name, address, telephone 

number, and other identifying data, 

including title, date and place of birth, 

social security number, and summary 

information concerning an individual 

who, for fraudulent or deceitful conduct 

either as an employee or while 

conducting or seeking to conduct 

business with the Agency, has been 

convicted of violating Federal or State 

law or has been debarred or suspended 

from doing business with VA, may be 

furnished to other Federal agencies to 

assist such agencies in preventing and 

detecting possible fraud or abuse by 

such individual in their operations and 

programs. This routine use applies to all 

information in this system of records 

which can be retrieved by name or by 

some identifier assigned to an 

individual, regardless of whether the 

information concerns the individual in 

a personal or in an entrepreneurial 

capacity. 

10. Records from this system of 

records may be disclosed to a Federal 

agency or to a State or local government 

licensing board or to the Federation of 

State Medical Boards or a similar nongovernment entity which maintains 

records concerning individuals’ 

employment histories or concerning the 

issuance, retention or revocation of 

licenses, certifications, or registration 

necessary to practice an occupation, 

profession or specialty, in order for the 

agency to obtain information relevant to 

an agency decision concerning the 

hiring, retention or termination of an 

employee or to inform a Federal agency 

or licensing boards or the appropriate 

non-government entities about the 

health care practices of a terminated, 

resigned or retired health care employee 

whose professional health care activity 

so significantly failed to conform to 

generally accepted standards of 

professional medical practice as to raise 

reasonable concern for the health and 

safety of patients in the private sector or 

from another Federal agency. These 

records may also be disclosed as part of 

an ongoing computer matching program 

to accomplish these purposes. 

11. Disclosure of relevant information 

may be made to individuals, 

organizations, private or public 

agencies, etc., 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 or 

subcontractor to perform the services of 

the contract or agreement. 

12. For program review purposes and 

the seeking of accreditation or 

certification, disclosure may be made to 

survey teams of The Joint Commission, 

College of American Pathologists, 

American Association of Blood Banks, 

and similar national accreditation 

agencies or boards with which VA has 

a contract or agreement to conduct such 

reviews, but only to the extent that the 

information is necessary and relevant to 

the review. 

13. Disclosure may be made to the 

National Archives and Records 

Administration (NARA) and the General 

Services Administration (GSA) in 

records management inspections 

conducted under authority of Title 44, 

Chapter 29, of the United States Code. 

14. VA may disclose information from 

this system of records to the 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. 

15. Disclosure to other Federal 

agencies that may be made to assist such 

agencies in preventing and detecting 

possible fraud or abuse by individuals 

in their operations and programs. 

16. 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 disclosures by the Department 

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, as the terms are defined in 

38 U.S.C. 5727. 

POLICIES AND PRACTICES FOR STORING, 

RETRIEVING, ACCESSING, RETAINING, AND

DISPOSING OF RECORDS IN THE SYSTEM: 

STORAGE: 

All reports of suspected 

noncompliance with VHA business 

practice will be documented in a 

computerized database and assigned a 

unique identification number. Paper 

files which contain documents collected 

in association with reviewing the case, 

such as memoranda, policies, or 

examples of work produced as a result 

of the complaint should be 

electronically file. 

RETRIEVABILITY: 

Both electronic and paper case files 

will be stored and individually retrieved 

by the same unique identification 

number, not by name. 

SAFEGUARDS: 

Access to computerized information 

in the database is restricted to 

authorized personnel on a need-to-know 

basis. Documentation will be 

maintained in a secure environment in 

the VHA Office of Compliance and 

Business Integrity, the Compliance and 

Business Integrity Officers located at the 

network and medical center. Physical 

access to printouts and data terminals 

will be limited to authorized personnel. 

Access to file folders is restricted to 

authorized personnel on a need-to-know 

basis. Paper files should be maintained 

in file cabinets or closets and are locked 

after duty hours. These files are under 

the control of the Compliance and 

Business Integrity Officer or his or her 

designees. 

RETENTION AND DISPOSAL: 

Computerized records will be retained 

indefinitely. Periodic system back-ups 

will be employed for record protection. 

If disk space is limited, the records will 

be archived to tape or disk in 

accordance with established practice. 

Paper 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 ADDRESS: 

VHA Office of Compliance and 

Business Integrity (10B3), Department of 

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Federal Register / Vol. 74, No. 157 / Monday, August 17, 2009 / Notices 41493 

Veterans Affairs, 810 Vermont Avenue, 

NW., Washington, DC 20420. 

NOTIFICATION PROCEDURE: 

An individual who wishes to know if 

a record is being maintained by VHA 

Office of Compliance and Business 

Integrity under his or her name or wants 

to determine the contents of such 

records should submit a written request 

or apply in person to the local VA 

medical center. 

RECORD ACCESS PROCEDURE: 

An individual who seeks access to or 

wishes to contest records maintained 

under his or her name in this system 

may write, call or visit the VHA Office 

of Compliance and Business Integrity 

(10B3). 

CONTESTING RECORD PROCEDURES: 

(See Record Access Procedures 

above.) 

RECORD SOURCE CATEGORIES: 

The information in this system will be 

obtained from calls that are received 

through the VHA Compliance and 

Business Integrity Help Line and reports 

received through other sources. 

Information is obtained from VHA 

employees, Veterans, third parties such 

as contractors, and VHA records which 

may include billing data, patient 

medical records, policies and 

procedures, and memoranda. 

[FR Doc. E9–19628 Filed 8–14–09; 8:45 am] 

BILLING CODE 8320–01–P 

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