14618 Federal Register / Vol. 74, No. 60 / Tuesday, March 31, 2009 / Notices 

were employed, or performed work. 

Inquiries should include the person’s 

full name, social security number, dates 

of employment or work, and return 

address. 

RECORD ACCESS PROCEDURE: 

(See Notification Procedure above.) 

CONTESTING RECORD PROCEDURES: 

(See Notification Procedure above.) 

RECORD SOURCE CATEGORIES: 

Information in this system of records 

is provided by employees, trainees, 

contractors, subcontractors, volunteers, 

and other affected individuals; 

supervisors; health and safety 

professionals at facilities; clinical 

personnel; workers’ compensation 

personnel; and human resources staff. 

[FR Doc. E9–7160 Filed 3–30–09; 8:45 am] 

BILLING CODE 

DEPARTMENT OF VETERANS 

AFFAIRS 

Privacy Act of 1974; System of 

Records 

AGENCY: Department of Veterans Affairs. 

ACTION: Notice to amend an existing 

system of records. 

SUMMARY: In accordance with the 

requirements of the Privacy Act of 1974, 

as amended, 5 U.S.C. 552a(e)(4), the 

Department of Veterans Affairs (VA) is 

amending the system of records entitled 

‘‘Purchase Credit Card Program-VA’’ 

(131VA047) as described in the Federal 

Register at 70 FR 7320 (February 11, 

2005). VA is amending the system of 

records by updating our routine uses 

relating to records maintained in the 

system. VA is republishing the system 

of records notice in its entirety. 

DATES: Written comments mailed to the 

Department must be postmarked no 

later than April 30, 2009, and written 

comments hand-delivered or submitted 

electronically to the Department must 

be received no later than 5 p.m. Eastern 

Time on April 30, 2009. If no public 

comment is received during the 30-day 

public comment period, or unless 

otherwise published in the Federal 

Register by VA, the new system of 

records statement is effective on April 

30, 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; fax to (202) 273–9026. Copies of 

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 for an appointment (this 

is not a toll-free number). 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: 

Peter Mulhern, Office of Financial 

Policy (047G), Department of Veterans 

Affairs, 810 Vermont Avenue, NW., 

Washington, DC 20420, Telephone: 

(202) 461–6487 (this is not a toll-free 

number). 

SUPPLEMENTARY INFORMATION: Pursuant 

to the Privacy Act of 1974 (5 U.S.C. 

552a) and the Office of Management and 

Budget (OMB) Circular No. A–130, VA 

has conducted a review of its Privacy 

Act systems of records notices and has 

determined that it needs to amend and 

establish the following routine use 

disclosures for the information 

maintained in the system of records 

entitled ‘‘Purchase Credit Card ProgramVA’’ (131VA047): 

Routine use three (3) is amended to 

add language to clarify when VA will 

disclose information to a court, 

adjudicative or administrative bodies, or 

the parties involved. A determination 

would be made in each instance that, 

under the circumstances involved, the 

purpose served by the use of the 

information in the particular litigation 

or process is compatible with a purpose 

for which VA collects the information. 

Routine use five (5) is amended to add 

language to clarify when VA will 

disclose the names and addresses of 

veterans and their dependents in order 

to comply with the requirements of 

agencies, such as Federal, State, local, 

tribal and foreign agencies, charged with 

enforcing the law and investigations of 

violations or possible violations of law. 

Routine use seven (7) is deleted. A 

further reading of this routine use 

indicates that it may be more restrictive 

than the disclosure provided to 

consumer reporting agencies, as set 

forth in 38 U.S.C. 552a(b)(12). In 

addition, any delinquent debts that 

remain outstanding are referred for 

collection action to the Department of 

the Treasury or the Department of 

Justice. Disclosure of information for 

such referrals is already covered by 

routine uses three (3) and nine (9). The 

remainder of the routine uses will be 

renumbered accordingly. 

A new routine use ten (10) is added. 

VA may, on its own initiative, disclose 

any information or records to 

appropriate agencies, entities, and 

persons to respond to a suspected or 

confirmed data breach, including the 

conduct of any risk analysis or 

provision of credit protection services. 

Finally, VA is adding new routines 

uses eleven (11), twelve (12), and 

thirteen (13). These three new routine 

uses are added to enable disclosure of 

information to the Merit Systems 

Protection Board (MSPB), the Federal 

Labor Relations Authority (FLRA), and 

the Equal Employment Opportunity 

Commission (EEOC) in order for each to 

address matters within their 

jurisdiction. 

The Privacy Act of 1974 permits VA 

to disclose information about 

individuals without their consent for a 

routine use when the information will 

be used for a purpose that is compatible 

with the purpose for which VA 

collected the information. In all of the 

routine use disclosures described above, 

the recipient of the information will use 

the information either in connection 

with a matter related to one of VA’s 

programs, or will use the information to 

provide a benefit to VA, or will disclose 

as required by law. 

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 of the Office of Management 

and Budget (OMB) as required by 5 

U.S.C. 552a(r) (Privacy Act of 1974) and 

guidelines issued by OMB on December 

12, 2000 (65FR77677). 

Approved: March 3, 2009. 

John R. Gingrich, 

Chief of Staff, Department of Veterans Affairs. 

131VA047 

SYSTEM NAME: 

Purchase Credit Card Program-VA 

SYSTEM LOCATION: 

This system of records is located in 

the finance/fiscal office of the local 

installations of the Department, the 

Financial Services Center, Austin, TX, 

and VA Central Office, Washington, DC. 

Records necessary for a contractor to 

perform under a contract are located at 

the contractor’s facility. 

CATEGORIES OF INDIVIDUALS COVERED BY THE

SYSTEM: 

Individuals covered by the system are 

current VA employees who have their 

own Government assigned charge card, 

or who have had a charge card. 

CATEGORIES OF RECORDS IN THE SYSTEM: 

Records include name, work and 

home addresses, social security number, 


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Federal Register / Vol. 74, No. 60 / Tuesday, March 31, 2009 / Notices 14619 

date of birth, employment information, 

work and home telephone numbers, 

information needed for identification 

verification, charge card applications, 

charge card statements, terms and 

conditions for use of the charge card, 

and monthly report from contractor(s) 

showing charges to individual account 

numbers, balances, and other types of 

account analysis. 

AUTHORITY FOR MAINTENANCE OF THE SYSTEM: 

Federal Acquisition Regulation (FAR), 

Part 13, 48 CFR part 13, and Public Law 

93–579, section 7(b). 

PURPOSE(S): 

To establish and maintain a system 

for operating, controlling, and managing 

the purchase credit card program 

involving commercial purchases by 

authorized VA employees. 

ROUTINE USES OF RECORDS MAINTAINED IN THE

SYSTEM, INCLUDING CATEGORIES OF USERS AND

THE PURPOSES OF SUCH USES: 

System information may be accessed 

and used by authorized VA employees 

or contractors to conduct duties 

associated with the management and 

operation of the purchase credit card 

program. 

Information from this system also may 

be disclosed as a routine use for the 

following purposes: 

(1) The record of an individual who 

is covered by this system may be 

disclosed to a member of Congress, or a 

staff person acting for the member, 

when the member or staff person 

requests the record on behalf of and at 

the written request of the individual. 

(2) Disclosure may be made to the 

National Archives and Records 

Administration (NARA) in records 

management inspections conducted 

under authority of Title 44 U.S.C. 

(3) VA may disclose information from 

this system of records to the Department 

of Justice (DoJ), either on VA’s initiative 

or in response to DoJ’s request for the 

information, after either VA or DoJ 

determines that such information is 

relevant to DoJ’s representation of the 

United States or any of its components 

in legal proceedings before a court or 

adjudicative body, provided that, in 

each case, the agency also determines 

prior to disclosure that release of the 

records to 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. 

(4) Disclosure of relevant information 

may be made to individuals, 

organizations, private or public 

agencies, or other entities with whom 

VA has a contract or agreement or where 

there is a subcontract 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. 

(5) VA may disclose on its own 

initiative any information in this 

system, except the names and addresses 

of veterans and their dependents, that is 

relevant to a suspected or reasonably 

imminent violation of law, whether 

civil, criminal, or regulatory in nature 

and whether arising by general or 

program statute or by regulation, rule, or 

order issued pursuant thereto, to a 

Federal, State, local, tribal, or foreign 

agency charged with the responsibility 

of investigating or prosecuting such 

violation, or charged with enforcing or 

implementing the statute, regulation, 

rule, or order. VA may also disclose on 

its own initiative the names and 

addresses of veterans and their 

dependants to a Federal agency charged 

with the responsibility of investigating 

or prosecuting civil, criminal, or 

regulatory violations of law, or charged 

with enforcing or implementing the 

statute, regulation, or order issued 

pursuant thereto. 

(6) Disclosure to other Federal 

agencies may be made to assist such 

agencies in preventing and detecting 

possible fraud or abuse by individuals 

in their operations and programs. 

(7) Any information in this system of 

records concerning a delinquent debt 

may be disclosed to the Secretary of the 

Treasury, or to any designated 

Government disbursing official, for the 

purpose of conducting administrative 

offset of any eligible Federal payments, 

under the authority set forth in 31 

U.S.C. 3716. Tax refund and Federal 

salary payments may be included in 

those Federal payments eligible for 

administrative offset. 

(8) Any information in this system of 

records concerning a delinquent debt 

may be disclosed to the Secretary of the 

Treasury for appropriate collection or 

termination action, including the 

transfer of the indebtedness for 

collection or termination, in accordance 

with 31 U.S.C. 3711(g)(4), to a debt 

collection center designated by the 

Secretary of the Treasury, to a private 

collection agency, or to the Department 

of Justice. The Secretary of the Treasury, 

through the Department of the Treasury, 

a designated debt collection center, a 

private collection agency, or the 

Department of Justice, may take 

appropriate action on a debt in 

accordance with the existing laws under 

which the debt arose. 

(9) Records from this system of 

records may be disclosed to officials of 

labor organizations recognized under 5 

U.S.C. chapter 71, when relevant and 

necessary to their duties of exclusive 

representation concerning personnel 

policies, practices, and matters affecting 

working conditions. 

(10) VA may, on its own initiative, 

disclose any information or records to 

appropriate agencies, entities, and 

persons when (a) VA suspects or has 

confirmed that the integrity or 

confidentiality of information in the 

system of records has been 

compromised; (b) VA has determined 

that as a result of the suspected or 

confirmed compromise there is a risk of 

embarrassment or harm to the 

reputation 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 VA or 

another agency or entity) that rely upon 

the potentially compromised 

information; and (c) the disclosure to 

such agencies, entities, or persons 

whom VA determines to be reasonably 

necessary to assist or carry out VA’s 

efforts to respond to the suspected or 

confirmed compromise and prevent, 

minimize, or remedy such harm. This 

routine use permits disclosures by VA 

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. 

(11) VA may disclose information 

from this system to the Merit Systems 

Protection Board (MSPB), or the Office 

of the Special Counsel, when requested 

in connection with appeals, special 

studies of the civil service and other 

merit systems, review of rules and 

regulations, investigation of alleged or 

possible prohibited personnel practices, 

and such other functions promulgated 

in 5 U.S.C. 1205 and 1206, or as 

authorized by law. 

(12) VA may disclose information 

from this system to the Federal Labor 

Relations Authority (FLRA), including 

its General Counsel, related to the 

establishment of jurisdiction, 

investigation, and resolution of 

allegations of unfair labor practices, or 

in connection with the resolution of 

exceptions to arbitration awards when a 

question of material fact is raised. 


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14620 Federal Register / Vol. 74, No. 60 / Tuesday, March 31, 2009 / Notices 

Information may also be disclosed to the 

FLRA in order for it to address matters 

properly before the Federal Services 

Impasses Panel, to investigate 

representation petitions, and to conduct 

or supervise representation elections. 

(13) VA may disclose information 

from this system to the Equal 

Employment Opportunity Commission 

(EEOC) when requested in connection 

with investigations of alleged or 

possible discriminatory practices, 

examination of Federal affirmative 

employment programs, or other 

functions of the Commission as 

authorized by law or regulation. 

DISCLOSURE TO CONSUMER REPORTING

AGENCIES: 

Pursuant to 5 U.S.C. 552a(b)(12), VA 

may disclose records from this system to 

consumer reporting agencies as defined 

in the Fair Credit Reporting Act 15 

U.S.C. 1681a(f) or the Federal Claims 

Collection Act of 1966 31 U.S.C. 

3701(a)(3). The disclosure is limited to 

information necessary to establish the 

identity of the individual, including 

name, address, and taxpayer 

identification number (Social Security 

number), the amount, status and history 

of the claim; and the agency or program 

under which the claim arose for the sole 

purpose of allowing the consumer 

reporting agency to prepare a 

commercial credit report. Title 31 U.S.C. 

3711(e) governs the release of names 

and addresses of any person to 

consumer reporting agencies under 

certain circumstances. 

POLICIES AND PRACTICES FOR STORING, 

RETRIEVING, ACCESSING, RETAINING, AND

DISPOSING OF RECORDS IN THE SYSTEM: 

STORAGE: 

Paper documents and electronic 

storage media. 

RETRIEVABILITY: 

These records may be retrieved using 

various combinations of name or 

identification number (credit card 

number) of the individual on whom the 

records are maintained. 

SAFEGUARDS: 

This list of safeguards furnished in 

this System of Record is not an 

exclusive list of measures that has been, 

or will be, taken to protect individuallyidentifiable information. 

The Financial Services Center will 

maintain the data in compliance with 

applicable VA security policy directives 

that specify the standards that will be 

applied to protect sensitive personal 

information. Security complies with 

applicable Federal Information 

Processing Standards (FIPS) issued by 

the National Institute of Standards and 

Technology (NIST). 

Access to these records is restricted to 

authorized VA employees, contractors, 

or subcontractors who have been 

cleared to work by the VA Office of 

Security and Law Enforcement, on a 

‘‘need to know’’ basis. They are required 

to take annual VA data privacy and 

security training. 

Offices where these records are 

maintained are locked after working 

hours and are protected from outside 

access by the Federal Protective Service, 

other security officers, and alarm 

systems. Access to computerized 

records is restricted to authorized VA 

employees, contractors, or 

subcontractors by means of unique user 

identification and passwords. 

RETENTION AND DISPOSAL: 

In accordance with General Records 

Schedule 6, Item 1a(2), retain in inactive 

storage 1 year after the close of the fiscal 

year, then transfer to a Federal Archives 

and Records Center. Destroy 6 years and 

3 months after period covered by 

account. 

SYSTEM MANAGER(S) AND ADDRESS: 

Deputy Assistant Secretary for 

Finance (047), VA Central Office, 

Washington, DC 20420. 

NOTIFICATION PROCEDURES: 

Individuals seeking information 

concerning the existence of a record 

pertaining to them must submit a 

written request to the VA station where 

the records are maintained. Such 

request must contain a reasonable 

description of the records requested. In 

addition, identification of the individual 

requesting the information will be 

required in the written request and will 

consist of the requester’s name, 

signature, and address, at a minimum. 

RECORD ACCESS PROCEDURES: 

See ‘‘Notification Procedure’’ above. 

CONTESTING RECORD PROCEDURES: 

See ‘‘Notification Procedure’’ above. 

RECORD SOURCE CATEGORIES: 

Information received from individuals 

and the private credit card contractor. 

[FR Doc. E9–7161 Filed 3–30–09; 8:45 am] 

BILLING CODE 8320–01–P 

DEPARTMENT OF VETERANS 

AFFAIRS 

Privacy Act of 1974; System of 

Records 

AGENCY: Department of Veterans Affairs. 

ACTION: Notice to delete system of 

records. 

SUMMARY: The Department of Veterans 

Affairs (VA) is deleting a system of 

records entitled ‘‘Veterans and 

Dependents Inactive Award Account 

Records—VA’’ (39VA047). The system 

contained information on payments 

made to or on behalf of an individual 

veteran and/or dependents. This system 

of records is being deleted since it is no 

longer being used by the Department 

because records pertaining to this 

system have been incorporated into 

‘‘Compensation, Pension, Education, 

and Rehabilitation Records—VA’’ 

(58VA21/22). 

A ‘‘Report of Intention to Publish a 

Federal Notice of Deletion of a System 

of Records’’ and a copy of the deletion 

of system notice have been provided to 

the appropriate Congressional 

committees and to the Office of 

Management and Budget (OMB), as 

required by 5 U.S.C. 552a(r) and 

guidelines issued by OMB, 65 FR 77677 

(Dec. 12, 2000). 

DATES: Effective Date: March 31, 2009. 

FOR FURTHER INFORMATION CONTACT: 

Peter Mulhern, Office of Financial 

Policy (047G), Department of Veterans 

Affairs, 810 Vermont Avenue, NW., 

Washington, DC 20420, (202) 461–6487 

(this is not a toll-free number). 

Approved: March 3, 2009. 

John R. Gingrich, 

Chief of Staff, Department of Veterans Affairs. 

[FR Doc. E9–7162 Filed 3–30–09; 8:45 am] 

BILLING CODE 8320–01–P 


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