Federal Register / Vol. 75, No. 14 / Friday, January 22, 2010 / Notices 3787 

Background 

On October 21, 1995, the President, 

invoking the authority, inter alia, of the 

International Emergency Economic 

Powers Act (50 U.S.C. 1701–1706) 

(‘‘IEEPA’’), issued Executive Order 

12978 (60 FR 54579, October 24, 1995) 

(the ‘‘Order’’). In the Order, the President 

declared a national emergency to deal 

with the threat posed by significant 

foreign narcotics traffickers centered in 

Colombia and the harm that they cause 

in the United States and abroad. 

Section 1 of the Order blocks, with 

certain exceptions, all property and 

interests in property that are in the 

United States, or that hereafter come 

within the United States or that are or 

hereafter come within the possession or 

control of United States persons, of: (1) 

The persons listed in an Annex to the 

Order; (2) any foreign person 

determined by the Secretary of 

Treasury, in consultation with the 

Attorney General and Secretary of State: 

(a) To play a significant role in 

international narcotics trafficking 

centered in Colombia; or (b) to 

materially assist in, or provide financial 

or technological support for or goods or 

services in support of, the narcotics 

trafficking activities of persons 

designated in or pursuant to the Order; 

and (3) persons determined by the 

Secretary of the Treasury, in 

consultation with the Attorney General 

and the Secretary of State, to be owned 

or controlled by, or to act for or on 

behalf of, persons designated pursuant 

to the Order. 

On January 8, 2010, OFAC removed 

from the SDN List the four individuals 

and one entity listed below, whose 

property and interests in property were 

blocked pursuant to the Order: 

1. MIRA VALENCIA, Adriana Patricia, 

Carrera 4 No. 11–45 Ofc. 503, Cali, Colombia; 

Avenida Piedra Grande, Casa 45, Cali, 

Colombia; c/o CONSTRUCCIONES 

PROGRESO DEL PUERTO S.A., Puerto 

Tejada, Colombia; c/o UNIDAS S.A., Cali, 

Colombia; c/o MIRA E.U., Cali, Colombia; 

DOB 07 May 1970; POB Cali, Valle, 

Colombia; Cedula No. 66810589 (Colombia); 

Passport 66810589 (Colombia) (individual) 

[SDNT]. 

2. OLIVELLA CELEDON, Jaime Antonio, 

Carrera 5 No. 86–36 Apt. 402, Bogota, 

Colombia; c/o INTERCONTINENTAL DE 

AVIACION S.A., Bogota, Colombia; DOB 23 

May 1944; POB Augustin Codazzi, Cesar, 

Colombia; Cedula No. 17100787 (Colombia); 

Passport AG619501 (Colombia); alt. Passport 

AC557754 (Colombia); alt. Passport 

AE542565 (Colombia) (individual) [SDNT]. 

3. MAZUERO ERAZO, Hugo, c/o 

SOCIEDAD CONSTRUCTORA LA CASCADA 

S.A., Cali, Colombia; c/o INVERSIONES 

SANTA LTDA., Cali, Colombia; c/o GRUPO 

SANTA LTDA., Cali, Colombia; DOB 17 Jul 

1936; alt. DOB 1945; alt. DOB 14 Jul 1936; 

Cedula No. 2445590 (Colombia) (individual) 

[SDNT]. 

4. JIMENEZ BEDOYA, Maria Adriana, 

Carrera 4 No. 12–20 of. 206, Cartago, Valle, 

Colombia; c/o INMOBILIARIA PASADENA 

LTDA., Cartago, Valle, Colombia; c/o 

ORGANIZACION LUIS HERNANDO GOMEZ 

BUSTAMANTE Y CIA. S.C.S., Cartago, Valle, 

Colombia; DOB 13 Apr 1971; Cedula No. 

31417388 (Colombia); Passport 31417388 

(Colombia) (individual) [SDNT]. 

5. TRANSPORTING, LLC, 6555 NW. 36th 

Street, Suite 304, Virginia Gardens, FL 33166; 

9443 Fontainebleau Boulevard, No. 114, 

Miami, FL 33172; Business Registration 

Document # L00000012836 (United States); 

US FEIN 65–1048798 [BPI–SDNT]. 

Dated: January 8, 2010. 

Adam J. Szubin, 

Director, Office of Foreign Assets Control. 

[FR Doc. 2010–1181 Filed 1–21–10; 8:45 am] 

BILLING CODE 4811–45–P 

DEPARTMENT OF VETERANS 

AFFAIRS 

Privacy Act of 1974; System of 

Records 

AGENCY: Department of Veterans Affairs 

(VA). 

ACTION: Notice of establishment of new 

System of Records. 

SUMMARY: The Privacy Act of 1974 (5 

U.S.C. 552(e) (4)) requires that all 

agencies publish in the Federal Register 

a notice of the existence and character 

of their systems of records. Notice is 

hereby given that the Department of 

Veterans Affairs (VA) is establishing a 

new system of records entitled ‘‘All 

Employee Survey’’ (160VA10A2). 

DATES: Comments on this new system of 

records must be received no later than 

February 22, 2010. If no public 

comment is received, the new system 

will become effective February 22, 2010. 

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: 

Diana Rogers, Department of Veterans 

Affairs, VHA HPDM Program Office, 55 

N. Robinson Ave., Oklahoma City, OK 

73102; telephone (405) 552–4336. 

SUPPLEMENTARY INFORMATION: 

I. Description of Proposed Systems of 

Records 

The All Employee Survey (AES) is a 

data repository that stores all data 

gathered from the administration of the 

AES taken by VA employees. 

II. Proposed Routine Use Disclosures of 

Data in the System 

We are proposing to establish the 

following Routine Use disclosures of 

information maintained in the system: 

To the extent that records contained 

in the system include information 

protected by 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 de disclosed under 

a routine use unless there is also 

specific statutory authority permitting 

disclosure. 

1. The record of an individual who is 

covered by a system of records 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. 

VA must be able to provide 

information about individuals to 

adequately respond to inquiries from 

Members of Congress at the request of 

constituents who have sought their 

assistance. 

2. Disclosure may be made to the 

National Archives and Records 

Administration and the General 

Services Administration (GSA) in 

records management inspections 

conducted under authority of Title 44, 

Chapter 29, of the United States Code 

(U.S.C.). 

NARA and GSA are responsible for 

management of old records no longer 

actively used, but which may be 

appropriate for preservation, and for the 

physical maintenance of the Federal 

government’s records. VA must be able 

to provide the records to NARA and 

GSA in order to determine the proper 

disposition of such records. 

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 


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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. 

VA must be able to provide 

information to DoJ in litigation where 

the United States or any of its 

components is involved or has an 

interest. A determination would be 

made in each instance that under the 

circumstances involved, the purpose is 

compatible with the purpose for which 

VA collected the information. This 

routine use is distinct from the authority 

to disclose records in response to a 

court order under subsection (b)(11) of 

the Privacy Act, 5 U.S.C. 552(b)(11), or 

any other provision of subsection (b), in 

accordance with the court’s analysis in 

Doe v. DiGenova, 779 F.2d 74, 78–84 

(D.C. Cir. 1985) and Doe v. Stephens, 

851 F.2d 1457, 1465–67 (D.C. Cir. 1988). 

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. 

This routine use, which also applies 

to agreements that do not qualify as 

contracts defined by Federal 

procurement laws and regulations, is 

consistent with Office of Management 

and Budget (OMB) guidance in OMB 

Circular A–130, App. I, paragraph 

5a(1)(b) that agencies promulgate 

routine uses to address disclosure of 

Privacy Act-protected information to 

contractors in order to perform the 

services contracts for the agency. 

5. 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. 

VA must be able to provide on its own 

initiative information that pertains to a 

violation of laws to law enforcement 

authorities in order for them to 

investigate and enforce those laws. 

Under 38 U.S.C. 5701(a) and (f), VA may 

only disclose the names and addresses 

of veterans and their dependents to 

Federal entities with law enforcement 

responsibilities. This is distinct from the 

authority to disclose records in response 

to a qualifying request from a law 

enforcement entity, as authorized by 

Privacy Act subsection 5 U.S.C. 

552a(b)(7). 

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. 

This routine use permits disclosures 

by the Department to report a suspected 

incident of identity theft and provide 

information or documentation related to 

or in support of the reported incident. 

7. 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. 

III. Compatibility of the Proposed 

Routine Uses 

The Privacy Act 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 we collected the 

information. In all of the routine use 

disclosures described above, the 

recipient of the information will use the 

information in connection with a matter 

relating to one of VA’s programs, will 

use the information to provide a benefit 

to VA, or disclosure is 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) and 

guidelines issued by OMB (65 FR 

77677), December 12, 2000. 

Approved: December 30, 2009. 

John R. Gingrich, 

Chief of Staff, Department of Veterans Affairs. 

SOR# 160VA10A2 

SYSTEM NAME: 

All Employee Survey-VA. 

SYSTEM LOCATION: 

Records are maintained at the North 

Little Rock Campus, 2200 Fort Roots 

Drive, Little Rock Arkansas, 72114. A 

copy of the system data is saved on CD 

and stored at the VHA HPDM Program 

Office, 55 N. Robinson Avenue, Suite 

1061, Oklahoma City, OK 73102. 

CATEGORIES OF INDIVIDUALS COVERED BY THE

SYSTEM: 

The records include information 

concerning all VHA employees. 

CATEGORIES OF RECORDS IN THE SYSTEM: 

The records may include information 

related to: 

1. All Employee Survey responses by 

work group. 

• 7 digit work group organization 

code. 

• Work group code identifies a valid 

Veterans Affairs organizational work 

unit. 

• These identification codes will 

identify work units rather than specific 

individuals. VA will provide a table of 

approximately 15,000 to 40,000 valid 


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Federal Register / Vol. 75, No. 14 / Friday, January 22, 2010 / Notices 3789 

work group organization codes prior to 

survey administration. 

2. All Employee Survey responses by 

demographics. 

• Gender. 

• Age in groups of decades. 

• Race. 

• National origin. 

• Incumbency in VA. 

• Level of supervisory responsibility. 

3. All Employee Survey responses by 

national function file. 

• Category of workgroup—the VistA 

clinical function file with increased 

granularity of administrative functions. 

• There are 100 entries to categorize 

workgroups. 

4. All Employee Survey responses by 

occupational group. 

• This is a three digit code to 

categorize occupations. It is provided to 

each individual respondent. 

• There are just under 100 codes; they 

are not job occupation series codes. It is 

a code developed for the All Employee 

Survey. 

5. All Employee Survey responses by 

question and modality. 

• The response is provided by the 

interactive Web-based survey, telephone 

or paper submission and response type 

captured. 

6. All Employee Survey responses by 

organization and sub organization title, 

type and function. 

• The workgroup identifies 

organization, sub organization if 

applicable, organization type and 

function for which the response is 

provided. 

7. All Employee Survey responses by 

response rate. 

• Responses are stored at the 

individual level, response rates are 

reported at the work unit lowest level, 

then hierarchically rolled upward in 

summary totals to the next level within 

the organization. The hierarchy is based 

on the organization structure (facility 

and parents) and the 7 digit work group 

organization code. 

• Reporting of response data follows 

the rule of 10 for any response. Any 

response data for any values that are 

less than 10 will never be released from 

the data repository. 

8. All Employee Survey responses by 

date and time survey taken. 

• Date and time response submitted. 

9. All Employee Survey responses by 

factors. 

• Job satisfaction index. 

• Organization assessment inventory. 

• Organization culture assessment. 

• And demographic data. 

AUTHORITY FOR MAINTENANCE OF THE SYSTEM: 

Title 38, United States Code, section 

501a. 

PURPOSE(S): 

The records and information may be 

used for analysis of employee 

satisfaction on quality and quantity of 

work, personal safety, promotion and 

training opportunity, fair and equitable 

treatment, work/family balance. Data 

validation, evaluation of personnel/ 

organizational management and staffing 

satisfaction and culture, including 

workforce effectiveness are shared to 

facilities. Action plans, development of 

goals and follow-up performance 

measures are developed as a result. 

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 a system of records 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) and the General 

Services Administration (GSA) in 

records management inspections 

conducted under authority of Title 44, 

Chapter 29, of the United States Code 

(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 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. 

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 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. 

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. 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 


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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: 

Records are maintained on HPDM1 

Server in Little Rock, Arkansas and on 

compact disk in the High Performance 

Development Model server room safe in 

Oklahoma City, Oklahoma. 

RETRIEVABILITY: 

Records may be retrieved by 

organization, name, or other assigned 

identifiers of the individuals on whom 

they are maintained. 

SAFEGUARDS: 

1. Access to VA working and storage 

areas is restricted to VA employees on 

a ‘‘need-to-know’’ basis; strict control 

measures are enforced to ensure that 

disclosure to these individuals is also 

based on this same principle. Generally, 

VA file areas are locked after normal 

duty hours and the facilities are 

protected from outside access by the 

Federal Protective Service or other 

security personnel. 

2. Access to computer rooms at health 

care facilities is generally limited by 

appropriate locking devices and 

restricted to authorized VA employees 

and vendor personnel. Automatic Data 

Processing peripheral devices are placed 

in secure areas. Access to information 

stored on automated storage media at 

other VA locations is controlled by 

individually unique passwords/codes 

employees are limited to only that 

information in the file which is needed 

in the performance of their official 

duties. 

3. Access to the Little Rock Campus 

Servers is restricted to Center 

employees, Federal Protective Service 

and other security personnel. Access to 

computer rooms is restricted to 

authorized operational personnel 

through electronic scanning and locking 

devices. All other persons gaining 

access to computer rooms are escorted 

after identity verification and log entry 

to track person, date, time in, and time 

out of the room. Information stored in 

the computer may be accessed by 

authorized VA employees at remote 

locations including VA health care 

facilities, Information Systems Centers, 

VA Central Office, and Veteran 

Integrated Service Networks. Access is 

controlled by individually unique 

passwords/codes which must be 

changed periodically by the employee. 

The CD is stored in the VHA HPDM 

Corporate Office server room in 

Oklahoma City, Oklahoma and is 

accessible by restricted, authorized 

personnel through electronic scanning 

and locking devices. The CD is stored in 

a safe in the server room accessible by 

the Security Officer and Infrastructure 

Chief. 

RETENTION AND DISPOSAL: 

Paper records are scanned and 

digitized for viewing electronically and 

are destroyed after they have been 

scanned onto disks, and the electronic 

copy determined to be an accurate and 

complete copy of the paper record 

scanned. 

SYSTEM MANAGER(S) AND ADDRESS: 

Official responsible for policies and 

procedures; Office of Workforce 

Management & Consulting Office 

(10A2), Department of Veterans Affairs, 

810 Vermont Avenue, NW., 

Washington, DC 20420. Officials 

maintaining the system; Diana Rogers of 

the HPDM National Program Office 

located at 55 North Robinson Avenue, 

Suite 1033, Oklahoma City, OK 73102. 

NOTIFICATION PROCEDURE: 

Individuals who wish to determine 

whether this system of records contains 

information about them should contact 

the VA facility location at which they 

are or were employed or made contact. 

Inquiries should include the person’s 

full name, social security number, dates 

of employment, 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 VA facility location where they 

are or were employed or made contact. 

CONTESTING RECORD PROCEDURES: 

(See Record Access Procedures 

above.) 

RECORD SOURCE CATEGORIES: 

Information in this system of records 

is provided by VA employees. 

[FR Doc. 2010–1180 Filed 1–21–10; 8:45 am] 

BILLING CODE 8320–01–P 


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