Federal Register / Vol. 75, No. 91 / Wednesday, May 12, 2010 / Notices 26851 

14. Disclosure of any information 

within this system may be made when 

it is suspected or confirmed that the 

security or confidentiality of 

information in the system of records has 

been compromised and VA has 

determined that as a result of the 

suspected or confirmed compromise 

there is a risk of harm to economic or 

property interest, identity theft or fraud, 

or harm to the security or integrity of 

this system or other systems or 

programs (whether maintained by VA or 

another agency or entity) that rely upon 

the compromised information; and the 

disclosure is made to such agencies, 

entities, and persons who are reasonably 

necessary to assist in connection with 

VA’s efforts to respond to the suspected 

or confirmed compromise and prevent, 

minimize, or remedy such harm. 

POLICIES AND PRACTICES FOR STORING, 

RETRIEVING, ACCESSING, RETAINING, AND

DISPOSING OF RECORDS IN THE SYSTEM: 

STORAGE: 

Records are maintained on paper and 

on electronic storage media, including 

magnetic tape, disk, encrypted flash 

memory, and laser optical media. 

RETRIEVABILITY: 

Records are retrieved by name, Social 

Security Number, or other assigned 

identifiers of the individuals on whom 

they are maintained. 

SAFEGUARDS: 

1. Access to and use of national 

patient databases are limited to those 

persons whose official duties require 

such access, and VA has established 

security procedures to ensure that 

access is appropriately limited. 

Information security officers and system 

data stewards review and authorize data 

access requests. VA regulates data 

access with security software that 

authenticates users and requires 

individually unique codes and 

passwords. VA provides information 

security training to all staff and instructs 

staff on the responsibility each person 

has for safeguarding data 

confidentiality. 

2. VA maintains Business Associate 

Agreements (BAA) and Non-Disclosure 

Agreements with contracted resources 

in order to maintain confidentiality of 

the information. 

3. Physical access to computer rooms 

housing national patient databases is 

restricted to authorized staff and 

protected by a variety of security 

devices. Unauthorized employees, 

contractors, and other staff are not 

allowed in computer rooms. The 

Federal Protective Service or other 

security personnel provide physical 

security for the buildings housing 

computer rooms and data centers. 

4. All materials containing real or 

scrambled Social Security Numbers are 

kept only on secure, encrypted VHA 

servers, personal computers, laptops, or 

media. All e-mail transmissions of such 

files use Public Key Infrastructure (PKI) 

encryption. If a recipient does not have 

PKI, items are mailed or sent to a secure 

fax. Paper records containing Social 

Security Numbers are secured in locked 

cabinets or offices within the OMI area. 

Access to OMI requires passing a 

security officer, an elevator card reader 

for floor access and a separate VHA card 

reader for access to the office area. All 

materials, both paper and electronic, 

that are no longer required are 

shredded/obliterated in accordance with 

VHA guidelines. Materials required for 

case documentation and follow up are 

archived in our secure document 

management server (electronic) and in 

locked storage (paper). 

5. In most cases, copies of back-up 

computer files are maintained at off-site 

locations. 

RETENTION AND DISPOSAL: 

The records are disposed of in 

accordance with Section XXXV—Office 

of the Medical Inspector (10MI) of the 

Veterans Health Administration Records 

Control Schedule 10–1 of March 31, 

2008, which stipulates that records from 

investigations not involving site visits 

will be destroyed 10 years after closure; 

records from investigations involving 

site visits will be destroyed 20 years 

after closure. 

SYSTEM MANAGER(S) AND ADDRESS: 

Official responsible for policies and 

procedures; Chief Information Officer 

(19), Department of Veterans Affairs, 

810 Vermont Avenue, NW., 

Washington, DC 20420. Official 

maintaining this system of records: 

Donald L. Martin, Correspondence 

Analyst, OMI (10MI), 810 Vermont 

Avenue, NW., Washington, DC 20420. 

NOTIFICATION PROCEDURE: 

Individuals who wish to determine 

whether this system of records contains 

information about them should contact 

Donald L. Martin, Correspondence 

Analyst, OMI (10MI), 810 Vermont 

Avenue, NW., Washington, DC 20420. 

Inquiries should include the person’s 

full name, Social Security number, 

location and dates of employment or 

location and dates of treatment, and 

return address. 

RECORD ACCESS PROCEDURE: 

Individuals seeking information 

regarding access to and contesting of 

records in this system may write or call 

Donald L. Martin, Correspondence 

Analyst, OMI (10MI), 810 Vermont 

Avenue, NW., Washington, DC 20420, 

202–461–4079. 

CONTESTING RECORD PROCEDURES: 

(See Record Access Procedures 

above.) 

RECORD SOURCE CATEGORIES: 

Information in this system of records 

is provided by Veterans, VA employees, 

VA computer systems, Veterans Health 

Information Systems and Technology 

Architecture (VistA), VA medical 

centers, VA Health Eligibility Center, 

VA program offices, VISNs, VA Austin 

Automation Center, the Food and Drug 

Administration, the Department of 

Defense, Survey of Healthcare 

Experiences of Patients, External Peer 

Review Program, and the following 

Systems Of Records: ‘‘Patient Medical 

Records—VA’’ (24VA19), ‘‘National 

Prosthetics Patient Database—VA’’ 

(33VA113), ‘‘Healthcare Eligibility 

Records—VA’’ (89VA16), VA Veterans 

Benefits Administration automated 

record systems (including the Veterans 

and Beneficiaries Identification and 

Records Location Subsystem—VA 

(38VA23), and subsequent iterations of 

those systems of records. 

[FR Doc. 2010–11373 Filed 5–11–10; 8:45 am] 

BILLING CODE 8320–01–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 

‘‘Veterans Canteen Service (VCS) Payroll 

Deduction Program (PDP)-VA’’ 

(117VA103) as set forth in the Federal 

Register 71 FR 6133. VA is amending 

the system of records by revising the 

Routine Uses of Records Maintained in 

the System, Including Categories of 

Users and the Purposes 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 June 11, 2010. If no public 

comment is received, the amended 

system will become effective June 11, 

2010. 

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26852 Federal Register / Vol. 75, No. 91 / Wednesday, May 12, 2010 / Notices 

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: 

A new Routine Use eleven (11) allows 

VA to 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 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. 

A new Routine Use twelve (12) allows 

VA to disclose on its own initiative any 

information in the system, except the 

names and home addresses of Veterans 

and their dependents, that is relevant to 

a suspected or reasonably imminent 

violation of the 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 

dependents 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. 

A new Routine Use thirteen (13) 

allows 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. This 

routine use permits disclosures by the 

Department to report a suspected 

incident of identity theft and provide 

information and/or documentation 

related to or in support of the reported 

incident. 

A new Routine Use fourteen (14) 

allows VA to 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 on 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: April 15, 2010. 

John R. Gingrich, 

Chief of Staff, Department of Veterans Affairs. 

117VA103 

SYSTEM NAME: ‘‘VETERAN CANTEEN SERVICE

(VCS) PAYROLL DEDUCTION SYSTEM (PDS)—VA’’. 

SYSTEM LOCATION: 

Individual purchase records are 

maintained in the VCS office at each 

Department of Veterans Affairs (VA) 

health care facility. Addresses for VA 

facilities are listed in VA Appendix 1. 

In addition, information from these 

records or copies of records are 

maintained in a centralized electronic 

database at the Austin Automation 

Center (AAC), 1615 East Woodward 

Street, Austin TX, 78772. 

CATEGORIES OF INDIVIDUALS COVERED BY THE

SYSTEM: 

The individuals covered by the 

system encompass permanent VA 

employees, also known as customers, 

who participate in the VCS Payroll 

Deduction System, which permits them 

to pay for purchases in VCS canteens 

through deduction from their pay. 

CATEGORIES OF RECORDS IN THE SYSTEM: 

These records include the following 

information: 

—Customer identification information such 

as last name, first name, middle initial, 

social security number; 

—Customer purchases made under the 

program; 

—Payroll payments, cash payments, refunds 

for returned merchandise, and refunds for 

overpayments; 

—Customer account balances and amounts 

written-off as uncollectible; 

—Customer pay status when customer is in 

a ‘‘without pay’’ status; 

—Identification of VCS employees creating 

customer transactions is by manual or 

electronic data capture. Manual 

transactions can be traced by a user ID 

within the payroll deduction system that 

identifies the individual entering the 

manual transaction. Electronic transactions 

can be traced via cashier code of the 

cashier ringing the transaction into the 

cash register; and 

—Customer station number and canteen of 

purchase. 

AUTHORITY FOR MAINTENANCE OF THE SYSTEM: 

Title 38, United States Code, Part V, 

Chapter 78. 

PURPOSE(S): 

The records and information will be 

used to track customer purchases, 

payment and balances due to VCS. 

Records may also be used to identify 

and submit to a customer for the 

purpose of debt collection. The records 

and information may be used for 

management and analysis reports of 

VCS programs. 

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Federal Register / Vol. 75, No. 91 / Wednesday, May 12, 2010 / Notices 26853 

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. VA may disclose information from 

this system of records to a private debt 

collection agent for the purpose of 

collecting unpaid balances from 

customers who have left VA 

employment without making full 

payment for purchases made under the 

program. 

2. VA may disclose information from 

this system of records to the U.S. 

Treasury Offset Program (TOPS) for the 

purpose of collecting unpaid balances 

from customers who have left VA 

employment without making full 

payment for purchases made under the 

program. VA needs to be able to collect 

unpaid balances from customers who 

have left VA employment without 

making full payment to VCS for 

purchases made under the program. 

3. Disclosure may be made to the 

Federal Labor Relations Authority 

(FLRA), including its General Counsel, 

when requested in connection with 

investigation and resolution of 

allegations of unfair labor practices, in 

connection with the resolution of 

exceptions to arbitrator awards when a 

question of material fact is raised, and 

in connection with matters before the 

Federal Service Impasses Panel. The 

release of information to FLRA from this 

Privacy Act system of records is 

necessary to comply with the statutory 

mandate under which FLRA operates. 

4. Disclosure may be made 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. 

5. Disclosure may be made to officials 

of the Merit Systems Protection Board, 

including 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 may be authorized by law. 

6. Disclosure may be made to the 

Equal Employment Opportunity 

Commission when requested in 

connection with investigations of 

alleged or possible discrimination 

practices, examination of Federal 

affirmative employment programs, 

compliance with the Uniform 

Guidelines of Employee Selection 

Procedures, or other functions vested in 

the Commission by the President’s 

Reorganization Plan No. 1 of 1978. 

7. Disclosure may be made to the 

National Archives and Record 

Administration (NARA) and the General 

Services Administration records 

management inspections conducted 

under authority of Title 44 United States 

Code. NARA is responsible for archiving 

old records no longer actively used but 

which may be appropriate for 

preservation; they are responsible in 

general for the physical maintenance of 

the Federal government’s records. VA 

must be able to turn records over to 

these agencies in order to determine the 

proper disposition of such records. 

8. 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. VA 

occasionally contracts out certain 

functions when this would contribute to 

effective and efficient operations. VA 

must be able to give a contractor 

whatever information is necessary for 

the contractor to fulfill its duties. In 

these situations, safeguards are provided 

in the contract prohibiting the 

contractor from using or disclosing the 

information for any purpose other than 

that described in the contract. 

9. Disclosure may be made 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 an 

individual. Individuals sometimes 

request the help of a member of 

Congress in resolving some issues 

relating to a matter before VA. The 

member of Congress then writes VA, 

and VA must be able to give sufficient 

information to be responsive to the 

inquiry. 

10. Disclosure may be made to a 

Federal, State or local 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. VA must be able to provide 

information to agencies conducting 

background checks on applicants for 

employment or licensure. 

11. 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 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. 

12. VA may disclose on its own 

initiative any information in the system, 

except the names and home addresses of 

Veterans and their dependents, that is 

relevant to a suspected or reasonably 

imminent violation of the 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 

dependents 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. 

13. 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. 

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26854 Federal Register / Vol. 75, No. 91 / Wednesday, May 12, 2010 / Notices 

14. 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. 

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 

US.C. 168la(f)) or the Federal Claims 

Collection Act of 1966 (31 US.C. 

3701(a)(3)). 

POLICIES AND PRACTICES FOR STORING, 

RETRIEVING, ACCESSING, RETAINING, AND

DISPOSING OF RECORDS IN THE SYSTEM: 

STORAGE: 

Records are maintained primarily on 

a computer disk in a centralized 

database system. Paper records of 

program Participation Agreements and 

individual customer records are 

maintained in canteen office files. 

RETRIEVABILITY: 

Records are retrieved by name and/or 

Social Security number of the 

participating VA employees or 

customers. 

SAFEGUARDS: 

1. Access to VA work and file areas 

is restricted to VA personnel with a 

legitimate need for the information in 

the performance of their official duties. 

Strict control measures are enforced to 

ensure that access by these individuals 

is appropriately limited. Information 

stored electronically may be accessed by 

authorized VCS employees at remote 

locations, including VA health care 

facilities. Access is controlled by 

individually unique passwords or 

codes, which must be changed 

periodically by the users. 

2. Physical access to the Austin VA 

Data Processing Center is generally 

restricted to Center employees, 

custodial personnel, Federal Protective 

Service, and other security personnel. 

VA file areas are generally locked after 

normal duty hours, and the facilities are 

protected from outside access by the 

Federal Protective Service or other 

security personnel. Access to computer 

rooms is restricted to authorized 

operational personnel through 

electronic locking devices. All other 

persons gaining access to computer 

rooms are escorted. 

3. All data transmissions are 

encrypted to prevent disclosure of 

protected Privacy Act information. 

Access to backup copies of data is 

restricted to authorized personnel in the 

same manner as the Austin VA Data 

Processing Center. 

RETENTION AND DISPOSAL: 

Records for active participants in the 

Payroll Deduction Program are 

maintained indefinitely. Records for 

participants who leave VA employment 

voluntarily or involuntarily terminate 

their participation in the Payroll 

Deduction Program are retained for 

three years following the date the 

account attains a zero balance; or for 

three years following the date the 

account balance is written off following 

unsuccessful collection action. 

SYSTEM MANAGER(S) AND ADDRESS: 

Official responsible for policies and 

procedures: Office of the Chief Financial 

Officer, Veterans Canteen Service (103), 

Department of Veterans Affairs, 810 

Vermont Avenue, NW., Washington, DC 

20420. Officials maintaining the system: 

Chief of the Canteen Service at the 

facility where the individuals were 

associated. Addresses for VA facilities 

are listed in VA Appendix 1. 

NOTIFICATION PROCEDURE: 

Individuals who wish to determine 

whether this system of records contains 

records about them should contact the 

VCS Payroll Deduction Program 

Specialist at the Veterans Canteen 

Service Central Office (VCSCO–FC), St. 

Louis, Missouri 63125; telephone: (314) 

845–1301. Inquiries should include the 

person’s full name, Social Security 

number, date(s) of contact, and return 

address. 

RECORD ACCESS PROCEDURE: 

Individuals seeking information 

regarding access to and contesting of 

records in this system may write, call, 

or visit the VCS Payroll Deduction 

Program Specialist at the Veterans 

Canteen Service Central Office (VCSCO– 

FC), St. Louis, Missouri 63125; 

telephone: (314) 845–1301. 

CONTESTING RECORD PROCEDURES: 

(See Record Access Procedures 

above.) 

RECORD SOURCE CATEGORIES: 

Information in this system of records 

is provided by the customers who 

participate in the program, VA 

employees and various VA systems. 

[FR Doc. 2010–11349 Filed 5–11–10; 8:45 am] 

BILLING CODE P 

WReier-Aviles on DSKGBLS3C1PROD with NOTICES