87844 Federal Register / Vol. 88, No. 242 / Tuesday, December 19, 2023 / Notices 

4See TRIA, sec. 103(e)(7); see also 31 CFR part 

50 subpart J (Recoupment and Surcharge 

Procedures). 

5 In 2015, the IMARA was $29.5 billion; it 

increased to $31.5 billion in 2016, $33.5 billion in 

2017, $35.5 billion in 2018, and $37.5 billion in 

2019. See TRIA, sec. 103(e)(6)(B). 

6TRIA, sec. 103(e)(6)(B)(ii) and (e)(6)(C). An 

insurer’s deductible under the Program for any 

particular year is 20 percent of its direct earned 

premium subject to the Program during the 

preceding year. TRIA, sec. 102(7). For example, an 

insurer’s calendar year 2023 Program deductible is 

20 percent of its calendar year 2022 direct earned 

premium. 

7See 84 FR/62450 (November 15, 2019) (Final 

Rule). 

8The figures from the 2022 and 2021 TRIP data 

calls were previously reported in the IMARA 

calculation for calendar year 2023. See 87 FR 78202 

(December 21, 2022). The figures from the 2023 

TRIP data call were previously reported in FIO’s 

June 2023 Study on the Competitiveness of Small 

Insurers in the Terrorism Risk Insurance 

Marketplace (June 2023), 16 (Figure 1), https://

home.treasury.gov/system/files/311/

2023%20TRIP%20Small%20Insurer%20

Report%20FINAL.pdf, and have been updated to 

include data received by FIO after the reporting 

deadline. Some figures may not add up on account 

of rounding. 

9See note 7. 

amount’’ or ‘‘IMARA’’ to be used for 

determining whether Treasury must 

recoup any payments it makes under the 

Program. Under the Act, if total annual 

payments by all participating insurers 

are below the IMARA, then Treasury 

must recoup all amounts expended by it 

up to the IMARA threshold. If total 

annual payments by all participating 

insurers are above the IMARA, then 

Treasury has the discretionary authority 

(but not the obligation) to recoup all of 

the expended amounts that are above 

the IMARA threshold.4

TRIA provides for a schedule of 

defined IMARA values from calendar 

year 2015 through calendar year 2019.5

For calendar year 2020 and beyond, 

TRIA states that the IMARA ‘‘shall be 

revised to be the amount equal to the 

annual average of the sum of insurer 

deductibles for all insurers participating 

in the Program for the prior 3 calendar 

years,’’ as such sum is determined 

pursuant to final rules issued by the 

Secretary.6

On November 15, 2019, Treasury 

issued a final rule for calculation of the 

IMARA.7 This rule, which is codified at 

31 CFR 50.4(m)(2), provides that the 

IMARA will be calculated by averaging 

the annual industry aggregate 

deductibles over the prior three 

calendar years, based upon the direct 

earned premiums (DEP) reported to 

Treasury by insurers in Treasury’s 

annual data calls. Insurer deductibles 

under the Program are based upon the 

DEP of individual insurers reported to 

Treasury in the prior year (e.g., 2022 

DEP for 2023 calendar year program 

deductibles). 

Accordingly, for purposes of 

determining the IMARA for calendar 

2024, Treasury has averaged the 

aggregate insurer deductibles for 

calendar years 2023, 2022, and 2021 (as 

reported to Treasury in each of these 

years), which are based on the reported 

DEP for calendar years 2022, 2021, and 

2020, respectively. 

For purposes of the 2024 IMARA 

calculation, those figures are as follows: 

TRIP-ELIGIBLE DEP BY INSURER CATEGORY 8

2021 TRIP data call 2022 TRIP data call 2023 TRIP data call 

2020 DEP in TRIPeligible lines % of total 2021 DEP in TRIPeligible lines % of total 2022 DEP in TRIPeligible lines % of total 

Alien Surplus Lines Ins. ... $11,043,111,847 5 $12,107,214,064 5 $ 16,954,356,655 6 

Captive Insurers ............... 10,534,614,720 5 14,359,289,661 6 11,992,422,807 4 

Non-Small Insurers .......... 175,272,463,804 80 186,901,545,992 78 209,307,242,717 78 

Small Insurers .................. 22,156,599,520 10 26,226,080,899 11 31,206,381,036 12 

Total .......................... 219,006,789,891 100 239,594,130,617 100 269,460,403,215 100 

Source: 2021–2023 TRIP Data Calls. 

Treasury has used these reported 

premiums to calculate the IMARA for 

calendar year 2024. The average annual 

DEP figure for the combined period of 

2020, 2021, and 2022 is 

$242,687,107,903 [($219,006,789,891 + 

$239,594,130,617 + $269,460,403,215)/3 

= $242,687,107,908]. The average 

aggregate deductible for the prior three 

years is 20 percent of $242,687,107,908, 

which equals $48,537,421,582.9

Accordingly, the IMARA for purposes of 

calendar year 2024 is $48,537,421,582. 

Dated: December 13, 2023. 

Steven E. Seitz, 

Director, Federal Insurance Office. 

[FR Doc. 2023–27839 Filed 12–18–23; 8:45 am] 

BILLING CODE 4810–AK–P 

DEPARTMENT OF VETERANS 

AFFAIRS 

Privacy Act of 1974; System of 

Records 

AGENCY: Department of Veteran Affairs 

(VA), Office of Information and 

Technology (OIT). 

ACTION: Notice of a modified system of 

records. 

SUMMARY: Pursuant to the Privacy Act of 

1974, notice is hereby given that VA is 

modifying the system of records titled, 

‘‘Call Detail Records-VA’’ (90VA194). 

This system is used to generate call 

detail records to capture information 

regarding calls made on telephone 

systems, including who made the call 

(calling party number), who was called 

(called party number), the date and time 

the call was made, the duration of the 

call, and other usages and diagnostic 

information elements (e.g., features 

used, reason for call termination). 

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, (005X6F), 

Washington, DC 20420. Comments 

should indicate that they are submitted 

in response to Call Detail Records—VA 


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90VA194. Comments received will be 

available at regulations.gov for public 

viewing, inspection or copies. 

FOR FURTHER INFORMATION CONTACT: 

Office of Information and Technology 

Privacy Officer, Gina Siefert, 

Department of Veterans Affairs, 810 

Vermont Avenue NW., Washington, DC 

20420; telephone (202) 632–8430 (Note: 

This is not a toll-free number) or 

OITPRIVACY@va.gov 

SUPPLEMENTARY INFORMATION: VA is 

amending the system of records by 

revising the System Location; System 

Manager; Categories of Individuals 

Covered by the System; Routine Uses of 

Records Maintained in the System, 

Including Categories of Users and 

Purposes of Such Uses; Policies and 

Practices for Storage of Records; Policies 

and Practices for Retrieval of Records; 

Policies and Practices for Retention and 

Disposal of Records; Record Access 

Procedures; Contesting Records 

Procedures; and Notification 

Procedures. 

The Categories of Individuals Covered 

by the System is being updated to reflect 

‘‘Individuals who are assigned 

telephone numbers or are authorized to 

use VA telephone services, and 

individuals who receive or make calls 

billed to the VA.’’ 

The System location will be updated 

to replace individual local VHA 

facilities with ‘‘VA OIT Trusted internet 

Gateway Data Centers’’. 

The System Manager is being updated 

to ‘‘Deputy Director for Operations, 

Unified Communications. Telephone 

number (202) 632–9603.’’ 

Routine Uses of Records Maintained 

in the System, Including Categories of 

Users and Purposes of Such Uses are 

being modified to remove current 

Routine Uses number 1 and number 2; 

and to update current language for the 

remaining Routine Uses, numbers 3 

through 17. This system will now have 

15 Routine Uses. 

Policies and Practices for Storage of 

Records is being updated to reflect 

‘‘Records are maintained in electronic 

form in VA Data Centers. 

Policies and Practices for Retrieval of 

Records is being updates to remove 

‘‘date, time, cost.’’ 

Policies and Practices for Retention 

and Disposal of Records is being 

updated to reflect ‘‘Records in this 

system are retained and disposed of in 

accordance with the schedule approved 

by the Archivist of the United States, 

VA Records Control Schedule 10–1 Item 

Number 2525.1.’’ 

Record Access Procedures is being 

updated to reflect: ‘‘Individuals wishing 

to request access to records pertaining to 

them should contact the System 

Manager in writing as indicated above. 

A request for access to records must 

contain the requester’s full name, 

address, telephone number, be signed 

by the requester, and describe the 

records sought in sufficient detail to 

enable VA personnel to locate them 

with a reasonable amount of effort.’’ 

Contesting Records Procedures is 

being updated to reflect: ‘‘Individuals 

seeking to contest or amend records in 

this system pertaining to them should 

contact the System Manager in writing 

as indicated above. 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.’’ 

Notification Procedures is being 

updated to reflect: ‘‘Generalized notice 

is provided by the publication of this 

notice. For specific notice, see Record 

Access Procedure, above.’’ 

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. 

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 

November 11, 2023 for publication. 

Dated: December 14, 2023. 

Amy L. Rose, 

Government Information Specialist, VA 

Privacy Service, Office of Compliance, Risk 

and Remediation, Office of Information and 

Technology, Department of Veterans Affairs. 

SYSTEM NAME AND NUMBER: 

Call Detail Records-VA 90VA194 

SECURITY CLASSIFICATION: 

Unclassified 

SYSTEM LOCATION: 

Electronic records are located in VA 

OIT Trusted internet Gateway Data 

Centers. 

SYSTEM MANAGER(S): 

Deputy Director for Operations, 

Unified Communications. Telephone 

number (202) 632–9603. (Note: This is 

not a toll-free number) 

AUTHORITY FOR MAINTENANCE OF THE SYSTEM: 

38 U.S.C. 501 

PURPOSE(S) OF THE SYSTEM: 

The system is used to generate call 

detail records to capture information 

regarding calls made on telephone 

systems, including who made the call 

(calling party number), who was called 

(called party number), the date and time 

the call was made, the duration of the 

call, and other usages and diagnostic 

information elements. 

CATEGORIES OF INDIVIDUALS COVERED BY THE

SYSTEM: 

Individuals who are assigned 

telephone numbers or are authorized to 

use VA telephone services, and 

individuals who receive or make calls 

billed to the VA. 

CATEGORIES OF RECORDS IN THE SYSTEM: 

Call detail records consist of 

information on VA Enterprise 

Telephone system telephone calls 

placed from VA telephones or otherwise 

billed to VA including the originating 

and destination telephone number, date 

and time of call, duration of call, and 

Originating and Terminating Devices for 

internal VA organizational location of 

telephones. 

RECORD SOURCE CATEGORIES: 

Records in this system are obtained 

from the following sources: a) Local VA 

telephone directories and other 

telephone assignment records; b) call 

detail records provided by suppliers of 

telephone services; and c) the 

individual on whom the record is 

maintained. 

ROUTINE USES OF RECORDS MAINTAINED IN THE

SYSTEM, INCLUDING CATEGORIES OF USERS AND

PURPOSES OF SUCH USES: 

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; (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 


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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. 

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 a violation or potential 

violation of law, whether civil, criminal, 

or regulatory in nature, 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 such a violation or potential 

violation. 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. Department of Justice (DoJ), 

Litigation, Administrative Proceeding: 

To the 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. Office of Personnel Management 

(OPM): To the OPM in connection with 

the application or effect of civil service 

laws, rules, regulations, or OPM 

guidelines in particular situations. 

8. Equal Employment Opportunity 

Commission (EEOC): To the 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. Federal Labor Relations Authority 

(FLRA): To the 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. Merit Systems Protection Board 

(MSPB): To the 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. National Archives and Records 

Administration (NARA): To the 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, 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. 

13. 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. 

14. Unions: To officials of labor 

organizations recognized under 5 U.S.C. 

chapter 71 provided that the disclosure 

is limited to information identified in 5 

U.S.C. 7114(b)(4) that is relevant and 

necessary to their duties of exclusive 

representation concerning personnel 

policies, practices, and matters affecting 

working conditions 

15. Consumer Reporting Agencies: To 

a consumer reporting agency for the 

purpose of locating the individual, 

obtaining a consumer report to 

determine the ability of the individual 

to repay an indebtedness to the United 

States, or assisting in the collection of 

such indebtedness, provided that the 

provisions of 38 U.S.C. 5701(g)(2) and 

(4) have been met, provided that the 

disclosure is limited to information that 

is reasonably necessary to identify such 

individual or concerning that 

individual’s indebtedness to the United 

States by virtue of the person’s 

participation in a benefits program 

administered by the Department. 

POLICIES AND PRACTICES FOR STORAGE OF

RECORDS: 

Records are maintained in electronic 

form in VA Data Centers. 

POLICIES AND PRACTICES FOR RETRIEVAL OF

RECORDS: 

Records may be retrieved by VA 

organizational unit, originating 

telephone number, destination 

telephone number, location and/or 

duration of call. 

POLICIES AND PRACTICES FOR RETENTION AND

DISPOSAL OF RECORDS: 

Records in this system are retained 

and disposed of in accordance with the 

schedule approved by the Archivist of 

the United States, VA Records Control 

Schedule Records Control Schedule 10– 

1 Item Number 2525.1. 

ADMINISTRATIVE, TECHNICAL, AND PHYSICAL

SAFEGUARDS: 

1. Access to telecommunication areas 

at VA facilities is generally limited by 

appropriate locking devices and 

restricted to authorized employees and 

vendor personnel. Generally, VA areas 

are always locked, and the facilities are 

protected from outside access by the 

Federal Protective Service or other 

security personnel. 2. Access to file 

information or the database is controlled 

by VA Office of Information and 

Technology employees. The system 

recognizes authorized VA employees 

and Contractors by two factor 

authentication methods. Accessing the 

database remotely uses encryption and 

two factor authentication methods. 

RECORD ACCESS PROCEDURES: 

Individuals wishing to request access 

to records pertaining to them should 

contact the System Manager in writing 

as indicated above. A request for access 


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to records must contain the requester’s 

full name, address, telephone number, 

be signed by the requester, and describe 

the records sought in sufficient detail to 

enable VA personnel to locate them 

with a reasonable amount of effort. 

CONTESTING RECORD PROCEDURES: 

Individuals seeking to contest or 

amend records in this system pertaining 

to them should contact the System 

Manager in writing as indicated above. 

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. 

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: 

None. 

HISTORY: 

74 FR 17283 (April 14, 2009). 

[FR Doc. 2023–27831 Filed 12–18–23; 8:45 am] 

BILLING CODE P 


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