46708 Federal Register / Vol. 73, No. 155 / Monday, August 11, 2008 / Notices 

Sinaloa, Mexico; Boulevard 

Francisco I. Madero Numero 145 al 

Oriente, Colonia Centro, Culiacan, 

Sinaloa, Mexico; DOB 24 Mar 1966; 

POB Mazatlan, Sinaloa, Mexico; 

Alt. POB Culiacan, Sinaloa, Mexico; 

Citizen Mexico; Nationality Mexico; 

R.F.C. FIPP660324 (Mexico); 

C.U.R.P. FIPP660324HSLTRB07 

(Mexico); (INDIVIDUAL) [SDNTK] 

8. FITCH TOVAR, Jose Manuel, c/o 

COMPANIA MINERA DEL RIO 

CIANURY S.A. DE C.V., Culiacan, 

Sinaloa, Mexico; c/o MINERA LA 

CASTELLANA Y ANEXAS S.A. DE 

C.V., Culiacan, Sinaloa, Mexico; 

c/o MINERA RIO PRESIDIO S.A. DE 

C.V., Culiacan, Sinaloa, Mexico; 

c/o COPA DE PLATA S.A. DE C.V., 

Culiacan, Sinaloa, Mexico; Rio de la 

Plata, numero 28, Campo Bello de 

Mazatlan, Sinaloa, Mexico; DOB 28 

Dec 1936; POB Panuco, Concordia, 

Sinaloa, Mexico; Citizen Mexico; 

Nationality Mexico; R.F.C. 

FITM361228 (Mexico); 

(INDIVIDUAL) [SDNTK] 

9. DUARTE MUNOZ, Roque (a.k.a. 

CAMPOS ARREDONDO, 

Humberto); c/o COMPANIA 

MINERA DEL RIO CIANURY S.A. 

DE C.V., Culiacan, Sinaloa, Mexico; 

DOB 09 Dec 1960; POB Mexico; 

(INDIVIDUAL) [SDNTK] 

10. AGUIRRE CARDONA, Armando, 

Mexico; DOB 28 Oct 1955; POB 

Nuevo Leon, Monterrey, Mexico; 

Citizen Mexico; Nationality Mexico; 

C.U.R.P. AUCA551028HNLGRR03 

(Mexico); R.F.C. AUCA551028 

(Mexico); (INDIVIDUAL) [SDNTK] 

11. QUINTERO ARCE, Juan Francisco 

(a.k.a. ‘‘El Chato’’); Mexico; DOB 26 

Aug 1959; POB Mocorito, Sinaloa, 

Mexico; Citizen Mexico; Nationality 

Mexico; R.F.C. QUAJ590826P41 

(Mexico); C.U.R.P. 

QUAJ590826HSLNRN02 (Mexico); 

(INDIVIDUAL) [SDNTK] 

12. LUCERO DE MARTINEZ, Sandra 

(a.k.a. VALENCIA ZAZUETA, 

Sandra; a.k.a. LUCERO 

VALENZUELA, Sandra; a.k.a. 

VALENZUELA, Sandra; a.k.a. 

VALENZUELA ZAZUETA, Sandra); 

Mexico; DOB 29 Oct 1969; POB 

Nogales, Sonora, Mexico; Citizen 

Mexico; Nationality Mexico; 

C.U.R.P. VAZS691029MSRLZN04 

(Mexico); C.U.R.P. 

VAZS691029HSRLZN04 (Mexico); 

(INDIVIDUAL) [SDNTK] 

13. GUZMAN ENRIQUEZ, Juan Luis, 

Mexico; DOB 24 Jun 1950; POB La 

Huacana, Michoacan De Ocampo, 

Mexico; Citizen Mexico; Nationality 

Mexico; R.F.C. GUEJ500624 

(Mexico); C.U.R.P. 

GUEJ500624HDFZNN06 (Mexico); 

(INDIVIDUAL) [SDNTK] 

14. VEGA SANCHEZ, Jose Raul, c/o 

AGRICOLA GAXIOLA S.A. DE C.V., 

Hermosillo, Sonora, Mexico; c/o 

INMUEBLES SIERRA VISTA S.A. 

DE C.V., Hermosillo, Sonora, 

Mexico; c/o TEMPLE DEL PITIC 

S.A. DE C.V., Hermosillo, Sonora, 

Mexico; DOB 19 Oct 1956; POB 

Cananea, Sonora, Mexico; Citizen 

Mexico; Nationality Mexico; 

C.U.R.P. VESR561019HSRGNL09 

(Mexico); C.U.R.P. 

VEXR561019HSRGXL05 (Mexico); 

(INDIVIDUAL) [SDNTK] 

15. FONTES MORENO, Eleazar, c/o 

AGRICOLA GAXIOLA S.A. DE C.V., 

Hermosillo, Sonora, Mexico; c/o 

TEMPLE DEL PITIC S.A. DE C.V., 

Hermosillo, Sonora, Mexico; 

Avenida Serdan No. 122 Poniente, 

Altos 10, Hermosillo, Sonora, 

Mexico; Ave. Real 73, Hermosillo, 

Sonora 83200, Mexico; DOB 23 Jul 

1947; POB Hermosillo, Sonora, 

Mexico; Citizen Mexico; Nationality 

Mexico; Passport 260057687 

(Mexico); C.U.R.P. 

FOME470723HSRNRL05 (Mexico); 

(INDIVIDUAL) [SDNTK] 

16. VALENCIA JAIME, Rafael Angel, 

c/o AGRICOLA GAXIOLA S.A. DE 

C.V., Hermosillo, Sonora, Mexico; 

c/o TEMPLE DEL PITIC S.A. DE 

C.V., Hermosillo, Sonora, Mexico; 

Ave Articulo 123 109, Hermosillo, 

Sonora 83287, Mexico; DOB 22 Jan 

1968; POB Hermosillo, Sonora, 

Mexico; Citizen Mexico; Nationality 

Mexico; Passport 02260105052 

(Mexico); C.U.R.P. 

VAJR680122HSRLMF08 (Mexico); 

(INDIVIDUAL) [SDNTK] 

17. BALDENEGRO BASTIDAS, Manuel 

Dario, c/o AGRICOLA GAXIOLA 

S.A. DE C.V., Hermosillo, Sonora, 

Mexico; DOB 11 Jan 1963; POB 

Hermosillo, Sonora, Mexico; Alt. 

POB Distrito Federal, Mexico, 

Mexico; Citizen Mexico; Nationality 

Mexico; Passport 260000406 

(Mexico); C.U.R.P. 

BABM630111HSLLSN16 (Mexico); 

C.U.R.P. BABM630111HSLLSN08 

(Mexico); (INDIVIDUAL) [SDNTK] 

Dated: August 5, 2008. 

Adam J. Szubin, 

Director, Office of Foreign Assets Control. 

[FR Doc. E8–18419 Filed 8–8–08; 8:45 am] 

BILLING CODE 4811–45–P 

DEPARTMENT OF VETERANS 

AFFAIRS 

Privacy Act of 1974; System of 

Records 

AGENCY: Department of Veterans Affairs. 

ACTION: Notice of Amendment to and 

Republication of 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 known as 

‘‘Inspector General Complaint Center 

Records—VA’’ (66VA53) as set forth in 

the Federal Register at 49 FR 10216. VA 

is amending the system of records by 

renaming the system, revising the 

Categories of Individuals Covered by the 

System, revising the Categories of 

Records in the System, adding a 

Purpose(s) section, and amending the 

Routine Uses of Records Maintained in 

the System, including Categories of 

Users and the Purposes of Such Uses, 

and Policies and Practices for Storing, 

Retrieving, Accessing, Retaining and 

Disposing of Records in the System. 

Minor nomenclature changes, to reflect 

current titles and organizational 

elements, are being made. VA is 

republishing the system notice in its 

entirety. 

DATES: Comments on the amendment of 

this system of records must be received 

not later than September 10, 2008. If no 

public comment is received, the 

amended system will become effective 

September 10, 2008. 

ADDRESSES: Written comments 

concerning the proposed amended 

system of records may be submitted by: 

mail or hand-delivery to Director, 

Regulations Management (OOREG1), 

Department of Veterans Affairs, 810 

Vermont Avenue, NW., Room 1068, 

Washington, DC 20420; fax to (202) 

273–9026; or e-mail to 

‘‘VAregulations@va.gov.’’ All 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. 

FOR FURTHER INFORMATION CONTACT: 

Timothy J. McGrath, Attorney Advisor, 

Department of Veterans Affairs, Office 

of Inspector General (50C), 810 Vermont 

Avenue, NW., Washington, DC 20420; 

or fax comments to (202) 565–8667; or 

e-mail comments to 

timothy.mcgrath@va.gov. 

SUPPLEMENTARY INFORMATION: This 

publication is in accordance with the 


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Privacy Act requirement that agencies 

publish their amended system of 

records in the Federal Register when 

there is revision, change, or addition. 

The VA Office of Inspector General 

(OIG) has reviewed its systems of 

records notices and has determined its 

record system, ‘‘Inspector General 

Complaint Center Records—VA’’

(66VA53), should be amended to reflect 

evolving technology and procedures and 

to conform to current practice. The 

system name is being changed to 

‘‘Inspector General Hotline (Complaint 

Center) Records’’ (66VA53) to more 

accurately reflect the role and mission 

of the OIG Hotline Division and the 

records created. 

The Categories of Individuals Covered 

by the System still covers complainants 

and subjects of those complaints. The 

text of the section is being amended by 

defining who those individuals might 

be. 

The Categories of Records in the 

System is amended to include cellular 

telephone numbers, e-mail addresses, 

dates of birth, Social Security Numbers, 

and final reports by VA OIG divisions 

or other VA components. 

This system of records is also 

amended by adding a Purposes section. 

The Purposes section more fully 

explains the mission of the VA OIG 

Hotline Division. 

There are several changes made to the 

routine use disclosures including the 

addition of new routine uses and the 

deletion of former routine uses. Former 

routine use number 1 remains the same. 

Former routine uses numbers 2 and 3 

are combined into new routine use 

number 5. For clarity purposes, former 

routine use numbers 2 through 10 are 

deleted in their entirety and new text is 

substituted. The text changes reflect 

new routine uses that are consistent 

with law as well as for the purposes for 

which the records are maintained. The 

proposed changes are as follows: 

Routine use number 1 remains the 

same and allows for disclosure of 

information from the record of an 

individual in response to an inquiry 

from a congressional office on behalf of 

that individual. 

Routine use number 2 is a new 

routine use and is added to reflect that 

disclosure may be made to the National 

Archives and Records Administration 

(NARA). NARA is responsible for 

archiving records no longer actively 

used but may be appropriate for 

preservation, and is responsible in 

general for the physical maintenance of 

the Federal government’s records. VA 

must be able to turn records over to 

NARA in order to determine the proper 

disposition of such records. 

Routine use number 3 allows VA to 

disclose records to the U.S. Department 

of Justice. When VA is involved in 

litigation or an adjudicative or 

administrative process, or occasionally 

when another party is involved in 

litigation or an adjudicative or 

administrative process, and VA policies 

or operations could be affected by the 

outcome of the litigation or process, VA 

must be able to disclose that 

information to the court, adjudicative or 

administrative bodies, or parties 

involved. This routine use would not 

constitute authority to disclose records 

in response to a grand jury or other 

subpoena under Privacy Act subsection 

(b) because of 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). 

Routine use number 4 allows 

disclosure of information to a Federal, 

state, or local agency maintaining civil 

or criminal violation records or other 

pertinent information such as prior 

employment history, prior Federal 

employment background investigations, 

and/or personal or educational 

information relevant to the hiring 

transfer, or retention of an employee, 

the letting of a contract, the granting of 

a security clearance, or the issuance of 

a grant or other benefit. 

Routine use number 5 allows VA on 

its own initiative to disclose 

information, except 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, 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 the names and 

addresses of veterans and dependents to 

a Federal or state agency charged with 

the responsibility of investigating or 

prosecuting civil, criminal or regulatory 

violations. 

Routine use number 6 allows 

disclosure to attorneys representing 

clients who are subjects of criminal 

investigations. This routine use is 

necessary to allow VA to be able to 

provide information and records to 

attorneys representing subjects of 

criminal investigations, including 

veterans, Federal employees, retirees, 

volunteers, contractors or private 

citizens. 

Routine use number 7 allows 

disclosure to the Federal Labor 

Relations Authority (FLRA) (including 

its General Counsel) in connection with 

the 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, in 

connection with matters before the 

Federal Service Impasses Panel, and to 

investigate representation petitions and 

conduct or supervise representation 

elections. This release of information to 

FLRA from this Privacy Act system of 

records is necessary to comply with the 

statutory mandate under which FLRA 

operates. This information is necessary 

to allow the FLRA to properly 

investigate and resolve allegations of 

unfair labor practices brought against 

VA. 

Routine use number 8 allows 

information to be disclosed to the Equal 

Employment Opportunity Commission 

(EEOC) 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. This 

disclosure is necessary to allow the 

EEOC access to relevant information. 

Routine use number 9 allows 

information to be disclosed to officials 

of the Merit Systems Protection Board, 

and the Office of Special Counsel, in 

connection with appeals, special studies 

of the civil service and other merit 

systems, reviews of rules and 

regulations, investigation of alleged or 

possible prohibited personnel practices, 

and such other functions, promulgated 

in Title 5, United States Code, Sections 

1205 and 1206, or as may be authorized 

by law. This disclosure is necessary to 

allow the MSPB and OSC access to 

relevant information if properly 

requested. 

Routine use number 10 allows 

disclosure of information, in the course 

of presenting evidence in or to a court, 

magistrate, administrative tribunal or 

grand jury, including disclosures to 

opposing counsel, in the course of such 

proceedings in order to further the 

interests of justice. 

Routine use number 11 allows 

information in this system of records to 

be disclosed to any source or person, 

either private or governmental, to the 

extent necessary to secure from such 

source or person information relevant 

to, and sought in furtherance of, a 

legitimate investigation, review, or 

inspection. 

Routine use number 12 allows 

disclosure to Federal, state, or local 

professional, regulatory, or disciplinary 


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organizations, including but not limited 

to bar associations, state licensing 

boards, and similar professional entities, 

for use in disciplinary proceedings. This 

routine use is necessary so VA can 

appropriately provide information about 

a person’s conduct or actions, related to 

their employment, to an entity that 

regulates such conduct. 

Routine use number 13 allows 

disclosure of information to individuals 

or entities with which VA has a 

contract, subcontract or agreement to 

perform services. VA must be able to 

provide information to its contractors or 

subcontractors in order for them to 

perform the services of the contract or 

agreement. 

Routine use number 14 is a routine 

use suggested by the Office of 

Management and Budget (OMB) for all 

Privacy Act systems of records, in order 

to allow for the appropriate mitigation 

of a possible data breach. 

The Policies and Practices for Storing, 

Retrieving, Accessing, Retaining and 

Disposing of Records in the System 

section is amended to more accurately 

reflect the advances in technology from 

solely a paper environment to an 

electronic one. Records and information 

are stored electronically in the VA OIG’s 

Master Case Index (MCI) database and 

servers. Backup records are stored on 

magnetic disc, tape and CD–ROM and 

may also be maintained in hard copy 

format in secure file folders. 

Storage: This section is amended to 

clarify that the particular OIG 

organization office that conducted the 

review, inspection or investigation 

maintains the hard copies of documents 

and information. The component office 

will maintain all documents, evidence 

and work papers compiled or collected. 

Records and documents are also 

maintained electronically by being 

scanned or uploaded into the MCI 

database, but the documents cannot be 

searched or retrieved as part of a general 

search. 

Retrievability: This section is 

amended to reflect that information and 

records are now retrieved by MCI 

Hotline case number. In addition, 

electronic records and information are 

retrieved by the names of the 

complainants, names of the subjects of 

the complaints, as well as such persons’

title and Social Security Number if 

entered in those fields. It is important to 

note that any scanned documents, 

reports or other uploaded information 

that are made part of the case file cannot 

be searched or retrieved from the MCI 

database as part of general search. 

Safeguards: This section is amended 

to further describe the administrative, 

physical and technical safeguards the 

OIG uses to protect records and 

information. 

Retention and Disposal: This section 

is amended to reflect that OIG follows 

retention and disposal authorities 

approved by the Archivist of the United 

States. 

Record Source Categories: This 

section is amended to reflect from 

whom information can be obtained. 

The Report of Intent to Amend a 

System of Records Notice and an 

advance copy of the system notice have 

been sent to the appropriate 

congressional committees and to the 

Director of the Office of Management 

and Budget (OMB) as required by 5 

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

guidelines issued by OMB (65 FR 

77677), December 12, 2000. 

Approved: July 24, 2008. 

Gordon H. Mansfield, 

Deputy Secretary of Veterans Affairs. 

66VA53 

SYSTEM NAME: 

Inspector General Hotline (Complaint 

Center) Records (66VA53). 

SYSTEM LOCATION: 

Department of Veterans Affairs (VA), 

Office of Inspector General (OIG), Office 

of Assistant Inspector General for 

Management and Administration (53), 

Washington, DC 20420. 

CATEGORIES OF INDIVIDUALS COVERED BY THE

SYSTEM: 

The following categories of 

individuals will be covered by the 

system: individuals who are the subjects 

of complaints and complainants. 

Subjects and complainants may be VA 

employees or third parties (e.g., a 

veteran, VA beneficiary, contractor, or 

private citizen). Complaints and 

information about OIG employees are 

also covered in this system. Subjects of 

Hotline complaints are those alleged to 

have engaged in wrongdoing or 

impropriety, either criminal, civil, or 

administrative, either in the 

performance of their official VA duties 

or related to the programs and 

operations of VA. The allegations are 

made to the OIG Hotline by 

complainants, who are individuals who 

have reported the possible existence of 

an activity constituting a violation of 

law, rule or regulation, or 

mismanagement, gross waste of funds, 

abuse of authority or a substantial and 

specific danger to the public health and 

safety. Complaints also may be made 

anonymously. 

CATEGORIES OF RECORDS IN THE SYSTEM: 

Records (or information contained in 

records) in this system may include: (1) 

The name, home and work address, email address, and home, work and 

cellular phone numbers of the 

complainant; (2) the name, title, date of 

birth, Social Security Number and home 

and work address of the subject of the 

complaint; and (3) the location and 

nature of the alleged wrongdoing. The 

records maintained in this system may 

also include: (1) documentation and 

other evidence from the complainant; 

(2) correspondence between the VA OIG 

Office of Management and 

Administration (53) and other 

components of the Office of Inspector 

General, agency departments, and the 

complainant; and (3) restricted reports 

based on the investigation of the alleged 

wrongdoing or impropriety. 

AUTHORITY FOR MAINTENANCE OF THE SYSTEM: 

Title 5, United States Code, Appendix 

3. 

PURPOSE(S): 

Records and information in this 

system are used to record information 

related to official complaints made to 

the VA OIG. The Hotline Division is the 

OIG’s complaint center and serves as the 

recipient of all types of complaints 

about impropriety and wrongdoing 

related to VA programs and operations. 

The specific information about each 

complaint, including name of 

complainant, name of subject, and the 

allegations of improper conduct, is 

recorded and then forwarded to the 

appropriate entity for investigation, 

review, or resolution. The information is 

used to provide prompt, responsive, and 

accurate information regarding the 

status of Hotline complaints. The 

information is also used to provide a 

record of the complaint disposition and 

statistical information about complaints. 

ROUTINE USES OF RECORDS MAINTAINED IN THE

SYSTEM, INCLUDING CATEGORIES OF USERS AND

THE PURPOSES OF SUCH USES: 

1. Disclosure may be made to a 

congressional office from the record of 

an individual in response to an inquiry 

from the congressional office that is 

made at the request of that individual. 

2. Disclosure may be made to the 

National Archives and Records 

Administration (NARA) in records 

management activities and inspections 

conducted under authority of Title 44, 

United States Code. 

3. Disclosure may be made to the 

Department of Justice including United 

States Attorneys, or in a proceeding 

before a court, adjudicative body, or 

other administrative body when the 

litigation or adjudicative or 

administrative process is likely to affect 

VA, its employees, or any of its 


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components, or when VA, its 

employees, or any of its components is 

a party to the litigation process, or has 

an interest in the litigation or process 

and the use of these records is deemed 

by VA to be relevant and necessary to 

the litigation or process, provided that 

the disclosure is compatible with the 

purpose for which the records were 

collected. 

4. Any information in this system, 

except the name and address of a 

veteran, may be disclosed to a Federal, 

state, or local agency maintaining civil 

or criminal violation records or other 

pertinent information such as prior 

employment history, prior Federal 

employment background investigations, 

and/or personal or educational 

background in order for VA to obtain 

information relevant to the hiring, 

transfer, or retention of an employee, 

the letting of a contract, the granting of 

a security clearance, or the issuance of 

a grant or other benefit. The name and 

address of a veteran may be disclosed to 

a Federal agency under this routine use 

if this information has been requested 

by the Federal agency in order to 

respond to the VA inquiry. 

5. VA may disclose on its own 

initiative any information in this 

system, except the names and home 

addresses of veterans and their 

dependents, which 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. On 

its own initiative, VA may also disclose 

the names and addresses of veterans and 

dependents to a Federal or state 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, 

rule, or order issued pursuant thereto. 

6. To assist attorneys in representing 

their clients, any information in this 

system may be disclosed to attorneys 

representing subjects of investigations, 

including veterans, Federal government 

employees, retirees, volunteers, 

contractors, subcontractors, or private 

citizens, except where VA has decided 

release is inappropriate under Title 5, 

United States Code, Section 552a(j) and 

(k). 

7. Disclosure of information to 

Federal Labor Relations Authority 

(FLRA), including its General Counsel, 

when requested in connection with the 

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, in 

connection with matters before the 

Federal Service Impasses Panel, and to 

investigate representation petitions and 

conduct or supervise representation 

elections. 

8. Information may be disclosed to the 

Equal Employment Opportunity 

Commission when requested in 

connection with investigations of 

alleged or possible discriminatory 

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. 

9. Information may be disclosed to 

officials of the Merit Systems Protection 

Board, and the Office of Special 

Counsel, when properly requested in 

connection with appeals, special studies 

of the civil service and other merit 

systems, reviews of rules and 

regulations, investigation of alleged or 

possible prohibited personnel practices, 

and such other functions, promulgated 

in Title 5, United States Code, Sections 

1205 and 1206, or as may be authorized 

by law. 

10. Any information in this system of 

records may be disclosed, in the course 

of presenting evidence in or to a court, 

magistrate, administrative tribunal, or 

grand jury, including disclosures to 

opposing counsel in the course of such 

proceedings or in settlement 

negotiations. 

11. Any information in this system 

may be disclosed to any source or 

person, either private or governmental, 

to the extent necessary to secure from 

such source or person information 

relevant to, and sought in furtherance 

of, a legitimate investigation, review, or 

inspection. 

12. Any information in this system, 

except the name and address of a 

veteran, may be disclosed to Federal, 

state, or local professional, regulatory, 

or disciplinary organizations or 

associations, including but not limited 

to bar associations, state licensing 

boards, and similar professional entities, 

for use in disciplinary proceedings and 

inquiries preparatory thereto, where VA 

determines that there is good cause to 

question the legality or ethical propriety 

of the conduct of a person employed by 

VA or a person representing a person in 

a matter before VA. The name and 

address of a veteran may be disclosed to 

a Federal agency under this routine use 

if this information has been requested 

by the Federal agency in order to 

respond to the VA inquiry. 

13. VA may disclose information to 

individuals, organizations, private or 

public agencies, or other entities with 

which 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. 

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 or 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: 

Records and information are stored 

electronically in the VA OIG’s MCI 

(Master Case Index) databases and 

servers at the OIG’s headquarters office 

at 801 I Street, NW., Washington, DC 

20420, in the office of the OIG’s 

Information Technology Division. 

Backup records are stored on magnetic 

disc, tape and CD–ROM and may also be 

retained in hard copy format in secure 

file folders. The VA OIG Hotline 

Division is responsible for electronically 

inputting records and information 

received from complainants, referrals 

and correspondence related to the 

initiation of a Hotline case, and final 

reports. Information inputted 

electronically includes all 

correspondence to and from the 

complainant, correspondence (including 

e-mail messages) to and among VA OIG 

organizational elements about the 

complaint, and correspondence to and 

from any VA component to which the 

Hotline case was referred. Complaints 

and information about OIG employees, 

including all investigative reports and 

work papers, are maintained in 

electronic files with restricted access 

limited to those with a need to know the 


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46712 Federal Register / Vol. 73, No. 155 / Monday, August 11, 2008 / Notices 

information in the performance of their 

official duties in the VA OIG Office of 

Investigations, VA OIG Human 

Resources Management Division, VA 

OIG attorneys, and VA OIG management 

officials responsible for supervising the 

VA OIG employee who is the subject of 

the internal investigation. 

Hard copies of records and 

information are discussed in the storage 

section below. 

STORAGE: 

Hard copies of documents and 

information are maintained by the OIG 

organization that conducts the review, 

inspection, or investigation. For 

example, the Administrative 

Investigations Division, at VA OIG 

headquarters, maintains hard copies of 

an investigative file which contains the 

case referral from Hotline, the final 

report, all documentation supporting 

the final report, draft reports, 

correspondence, and all information 

collected as part of the investigation. 

Similarly, the VA OIG Office of 

Healthcare Inspections (OHI) maintains 

hard copies of its Hotline investigations 

(final reports and supporting 

documentation) related to individuals at 

VA OIG headquarters. Other records and 

information (i.e., work papers) about 

investigations related to individuals 

compiled by OHI are maintained in the 

OHI field office that conducted the 

investigation. Any internal VA OIG 

investigations conducted prior to the 

implementation of electronic files, on 

VA OIG employees who are the subject 

of a Hotline complaint, are maintained 

in hard copy only and are secured in the 

Office of Investigations, Analysis and 

Oversight Division (51X). Access to 

those files is highly restricted. 

RETRIEVABILITY: 

OIG Hotline cases are assigned a 

Hotline case number in the MCI system. 

Records are retrieved by the Hotline 

case numbers. In addition, electronic 

records may be retrieved by the names 

of the complainants and names of the 

subjects of the complaints, retrieved by 

such persons’ title, or by their Social 

Security number, if entered. It is 

important to note that scanned 

documents, reports and other uploaded 

information that are made part of the 

Hotline file are not searched or retrieved 

from the MCI database as part of a 

general search. Hard copy paper Hotline 

files are retrieved by the Hotline case 

number only. 

SAFEGUARDS: 

Information in the system is protected 

from unauthorized access through 

administrative, physical, and technical 

safeguards. Access to the hard copy and 

computerized information is restricted 

to authorized OIG personnel on a needto-know basis. Hard copy records are 

maintained in offices that are restricted 

during work hours, or are locked after 

duty hours. The headquarters building 

is protected by security guards and 

access is restricted during non-duty 

hours. Access to the computerized 

information is limited to VA OIG 

employees by means of passwords and 

authorized user identification codes. 

Computer system documentation is 

maintained in a secure environment in 

the Office of Inspector General, VA 

Central Office. 

RETENTION AND DISPOSAL: 

Records will be maintained and 

disposed of in accordance with a 

records disposition authority approved 

by the Archivist of the United States. 

SYSTEM MANAGER(S) AND ADDRESS: 

Assistant Inspector General for 

Management and Administration (53), 

Department of Veterans Affairs, Office 

of Inspector General, 810 Vermont 

Avenue, NW., Washington, DC 20420. 

NOTIFICATION PROCEDURE: 

An individual who wishes to 

determine whether a record is being 

maintained by the VA OIG Hotline, 

under his or her name in this system or 

wishes to determine the contents of 

such records should submit a written 

request to the Assistant Inspector 

General for Management and 

Administration (53). However, a 

majority of records in this system are 

exempt from the notification 

requirements under 5 U.S.C. 552a (j) 

and (k). To the extent that records in 

this system of records are not subject to 

exemption, they are subject to 

notification. A determination as to 

whether an exemption applies shall be 

made at the time a request for 

notification is received. 

RECORD ACCESS PROCEDURES: 

An individual who seeks access to or 

wishes to contest records maintained 

under his or her name in this system 

must submit a written request to the 

Assistant Inspector General for 

Management and Administration (53). 

However, a majority of records in this 

system are exempt from the records 

access and contesting requirements 

under 5 U.S.C. 552a (j) and (k). To the 

extent that records in this system of 

records are not subject to exemption, 

they are subject to access and contest. A 

determination as to whether an 

exemption applies shall be made at the 

time a request for access or contest is 

received. 

CONTESTING RECORD PROCEDURES: 

(See records access procedures 

above.) 

RECORD SOURCE CATEGORIES: 

Information is obtained from VA 

employees, third parties (e.g., a veteran, 

VA beneficiary, VA contractor, or 

private party), the Government 

Accountability Office, Department of 

Veterans Affairs records, congressional, 

Federal, state, and local offices or 

agencies. 

SYSTEMS EXEMPTED FROM CERTAIN PROVISIONS

OF THE ACT: 

Under 5 U.S.C. 552a(j)(2), the head of 

any agency may exempt any system of 

records within the agency from certain 

provisions of the Privacy Act, if the 

agency or component that maintains the 

system performs as its principal 

function any activities pertaining to the 

enforcement of criminal laws. The 

Inspector General Act of 1978, Public 

Law 95–452 (IG Act), mandates that the 

Inspector General recommend policies 

for and to conduct, supervise, and 

coordinate activities in the Department 

of Veterans Affairs and between VA and 

other Federal, State and local 

governmental agencies with respect to: 

(1) The prevention and detection of 

fraud in programs and operations 

administered or financed by VA and (2) 

the identification and prosecution of 

participants in such fraud. Under the IG 

Act, whenever the Inspector General has 

reasonable grounds to believe there has 

been a violation of Federal criminal law, 

the Inspector General must report the 

matter expeditiously to the Attorney 

General. This system of records has 

been created in major part to support 

the criminal law-related activities 

assigned by the Inspector General to the 

Assistant Inspector General for 

Investigations. These activities 

constitute a principal function of the 

Inspector General’s Hotline/Complaint 

Center staff. 

In addition to principal functions 

pertaining to the enforcement of 

criminal laws, the Inspector General 

may receive and investigate complaints 

and allegations from various sources 

concerning the possible existence of 

activities constituting noncriminal 

violations of law, rules or regulations; 

mismanagement; gross waste of funds; 

abuses of authority or substantial and 

specific danger to the public health and 

safety. This system of records also exists 

to support inquiries by the Assistant 

Inspectors General for Auditing, for 

Management and Administration and 

for Healthcare Inspections into these 

non-criminal violations. Based upon the 

foregoing, the Secretary of Veterans 


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Federal Register / Vol. 73, No. 155 / Monday, August 11, 2008 / Notices 46713 

Affairs has exempted this system of 

records, to the extent that it 

encompasses information pertaining to 

criminal law-related activities, from the 

following provisions of the Privacy Act 

of 1974, as permitted by 5 U.S.C. 

552a(j)(2): 

5 U.S.C. 552a(c) (3) and (4) 

5 U.S.C. 552a(d) 

5 U.S.C. 552a(e) (1), (2) and (3) 

5 U.S.C. 552a(e)(4) (G), and (H) and (I) 

5 U.S.C. 552a(e) (5) and (8) 

5 U.S.C. 552a(f) 

5 U.S.C. 552a(g) 

The Secretary of Veterans Affairs has 

also exempted this system of records to 

the extent that it does not encompass 

information pertaining to criminal lawrelated activities under 5 U.S.C. 

552a(j)(2) from the following provisions 

of the Privacy Act of 1974, as permitted 

by 5 U.S.C. 552a(k)(2): 

5 U.S.C. 552a(c)(3) 

5 U.S.C. 552a(d) 

5 U.S.C. 552a(e)(1) 

5 U.S.C. 552a(e)(4) (G), (H) and (I) 

5 U.S.C. 552a(f) 

REASONS FOR EXEMPTIONS: 

The exemption of information and 

material in this system of records is 

necessary in order to accomplish the 

law enforcement functions of the Office 

of Inspector General, e.g., to prevent 

subjects of investigations from 

frustrating the investigatory process by 

discovering the scope and progress of an 

investigation, to prevent the disclosure 

of investigative techniques, to fulfill 

commitments made to protect the 

confidentiality of sources, to maintain 

access to sources of information and to 

avoid endangering these sources and 

law enforcement personnel. 

[FR Doc. E8–18505 Filed 8–8–08; 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 of Amendment to System 

of Records, ‘‘Criminal Investigations—

VA’’. 

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 known as 

‘‘Investigation Reports of Persons 

Allegedly Involved in Irregularities 

Concerning VA Laws, Regulations, Etc.’’

(11VA51) as set forth in the Federal 

Register at 70 FR 76498. VA is 

amending the system of records by 

renaming the system, revising the 

Categories of Individuals Covered by the 

System, the Categories of Records in the 

System, the Purpose(s), the Routine 

Uses of Records Maintained in the 

System, including Categories of Users 

and the Purposes of Such Uses, and 

Policies and Practices for Storing, 

Retrieving, Accessing, Retaining and 

Disposing of Records in the System. VA 

is republishing the system notice in its 

entirety. 

DATES: Comments on the amendment of 

this system of records must be received 

not later than September 10, 2008. If no 

public comment is received, the 

amended system will become effective 

September 10, 2008. 

ADDRESSES: Written comments 

concerning the proposed amended 

system of records may be submitted by: 

Mail or hand-delivery to Director, 

Regulations Management (OOREG1), 

Department of Veterans Affairs, 810 

Vermont Avenue, NW., Room 1068, 

Washington, DC 20420; fax to (202) 

273–9026; or e-mail to 

VAregulations@va.gov. All 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) 273–9515 for 

an appointment. 

FOR FURTHER INFORMATION CONTACT: 

Timothy J. McGrath, Attorney Advisor, 

Department of Veterans Affairs, Office 

of Inspector General, 810 Vermont 

Avenue, NW., Washington, DC 20420; 

or fax comments to (202) 565–8667; or 

e-mail comments to 

timothy.mcgrath@va.gov. 

SUPPLEMENTARY INFORMATION: This 

publication is in accordance with the 

Privacy Act requirement that agencies 

publish their amended system of 

records in the Federal Register when 

there is revision, change, or addition. 

The VA Office of Inspector General 

(OIG) has reviewed its systems of 

records notices and has determined its 

record system, Investigation Reports of 

Persons Allegedly Involved in 

Irregularities Concerning VA Laws, 

Regulations, Etc., VA (11VA51) should 

be amended to reflect evolving 

technology and procedures and to 

conform to current practice. The system 

name is being changed to ‘‘Criminal 

Investigations’’ to more accurately 

reflect the mission of the OIG Office of 

Investigations and the records created. 

The Categories of Individuals Covered 

by the System is amended to include 

VA beneficiaries other than veterans, as 

well as private citizens whose actions 

affect or relate to programs and 

operations of VA. This section is 

amended slightly by adding some 

language to clarify those individuals 

who are or have been subjects of 

investigations or are those alleged to 

have violated criminal laws, either 

Federal or state either in performance of 

official duties or related to programs or 

operations of VA. 

The Categories of Records in the 

System is amended to clarify that the 

records include allegations of specific 

wrongdoing or crimes committed as 

well as case progress reports. In keeping 

with technological advances, 

information such as names, dates of 

birth, social security numbers, and 

home addresses of subjects are 

maintained in an electronic database 

instead of on file cards. 

This system of records is also 

amended by adding a Purposes section. 

The records are used for identifying 

criminal offenders and alleged 

offenders, identifying witnesses and 

documents relevant to the investigation 

of the allegations and compiling 

evidence to prove or disprove criminal 

conduct. The records and information 

are used in Federal and state grand jury 

proceedings, pretrial negotiations, plea 

agreements, pretrial diversions, court 

hearings, trials or other administrative 

action against the subject of the 

investigation. 

There are several changes made to the 

routine use disclosures. Former routine 

use numbers 1, 4, and 5 remain the 

same, and former routine use number 13 

is now renumbered as number 14. For 

clarity purposes former routine use 

numbers 2, 3, 6, 7, 8, 9, 10, 11 and 12 

are deleted in their entirety and new 

text is substituted. The text changes 

reflect new routine uses that are 

consistent with law as well as for the 

purposes for which the records are 

maintained. The proposed changes are 

as follows: 

Routine use number 1 remains the 

same and allows for disclosure of 

information from the record of an 

individual in response to an inquiry 

from a congressional office on behalf of 

that individual. 

Routine use number 2 is a new 

routine use and is added to reflect that 

disclosure may be made to the National 

Archives and Records Administration 

(NARA). NARA is responsible for 

archiving records no longer actively 

used but may be appropriate for 

preservation, and is responsible in 

general for the physical maintenance of 

the Federal government’s records. VA 

must be able to turn records over to 

NARA in order to determine the proper 

disposition of such records. 


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