Federal Register / Vol. 73, No. 189 / Monday, September 29, 2008 / Notices 56633 

OMB Number: 1545–1221. 

Regulation Project Number: EE–147– 

87. 

Abstract: Section 414(r) of the Internal 

Revenue Code requires that employers 

who wish to test their qualified 

retirement plans on a separate line of 

business basis, rather than on a 

controlled group basis, provide notice to 

the IRS that the employer treats itself as 

operating qualified separate lines of 

business. Additionally, an employer 

may request an IRS determination that 

such lines satisfy administrative 

scrutiny. This regulation elaborates on 

the notice requirement and the 

determination process. 

Current Actions: There is no change to 

this existing regulation. 

Type of Review: Extension of a 

currently approved collection. 

Affected Public: Business or other forprofit organizations. 

Estimated Number of Respondents: 

253. 

Estimated Time per Respondent: 3 

hours, 27 minutes. 

Estimated Total Annual Burden 

Hours: 899. 

The following paragraph applies to all 

of the collections of information covered 

by this notice: 

An agency may not conduct or 

sponsor, and a person is not required to 

respond to, a collection of information 

unless the collection of information 

displays a valid OMB control number. 

Books or records relating to a collection 

of information must be retained as long 

as their contents may become material 

in the administration of any internal 

revenue law. Generally, tax returns and 

tax return information are confidential, 

as required by 26 U.S.C. 6103. 

Request for Comments: Comments 

submitted in response to this notice will 

be summarized and/or included in the 

request for OMB approval. All 

comments will become a matter of 

public record. 

Comments are invited on: (a) Whether 

the collection of information is 

necessary for the proper performance of 

the functions of the agency, including 

whether the information shall have 

practical utility; (b) the accuracy of the 

agency’s estimate of the burden of the 

collection of information; (c) ways to 

enhance the quality, utility, and clarity 

of the information to be collected; (d) 

ways to minimize the burden of the 

collection of information on 

respondents, including through the use 

of automated collection techniques or 

other forms of information technology; 

and (e) estimates of capital or start-up 

costs and costs of operation, 

maintenance, and purchase of services 

to provide information. 

Approved: September 10, 2008. 

Glenn P. Kirkland, 

IRS Reports Clearance Officer. 

[FR Doc. E8–22826 Filed 9–26–08; 8:45 am] 

BILLING CODE 4830–01–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. 

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 

‘‘The Office of Inspector General 

Management Information System 

(MIS)—VA’’ (71VA53) as set forth in the 

Federal Register at 47 FR 6513. VA is 

amending the system of records by 

revising the system location, revising 

the Categories of Records in the System, 

adding a Purposes section, adding 

Routine Uses of Records Maintained in 

the System, including Categories of 

Users and the Purposes of Such Uses, 

and updating 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 

no later than October 29, 2008. If no 

public comment is received, the 

amended system will become effective 

October 29, 2008. 

ADDRESSES: Written comments 

concerning the proposed amended 

system of records may be submitted by: 

mail or hand-delivery to Director, 

Regulations Management (O2REG), 

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, 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 that 

its record system, ‘‘The Office of 

Inspector General Management 

Information System (MIS)—VA’’ 

(71VA53) should be amended. The 

Categories of Records in the System is 

amended to include OIG employees’ 

contact information to be used in the 

event of an emergency, and inclusion of 

OIG Hotline and health care inspections 

case tracking data as well as information 

on personnel suitability investigations 

of OIG employees. 

This system of records is also 

amended by adding a Purposes section 

that defines how the records on OIG 

employees may be used for various 

management and human resources 

objectives. 

The proposed amendments to this 

system of records add seven routine 

uses of records. The routine uses are as 

follows: 

Routine use number 1 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 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 

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56634 Federal Register / Vol. 73, No. 189 / Monday, September 29, 2008 / Notices 

(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 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, 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. 

Routine use number 6 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 7 allows 

information to be disclosed to officials 

of the Merit Systems Protection Board 

(MSPB), and the Office of Special 

Counsel (OSC), 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 when properly requested. 

Routine use number 8 is a suggested 

routine use 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. 

Routine use number 9 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. 

The Policies and Practices for Storing, 

Retrieving, Accessing, Retaining and 

Disposing of Records in the System is 

amended to reflect current technological 

practices and procedures, including 

storage of and safeguarding of data. This 

amended section also describes the 

current location of data stored on OIG 

computer equipment. 

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: September 15, 2008. 

Gordon H. Mansfield, 

Deputy Secretary of Veterans Affairs. 

71VA53 

SYSTEM NAME: 

The Office of Inspector General 

Management Information System (MIS) 

(71VA53). 

SYSTEM LOCATION: 

Office of Inspector General (53C), 

Information Technology Division, 

Department of Veterans Affairs, 801 

I Street, NW., Washington, DC 20420. 

CATEGORIES OF INDIVIDUALS COVERED BY THE

SYSTEM: 

The following category of individuals 

will be covered by the system: All 

personnel assigned to Office of 

Inspector General (OIG). 

CATEGORIES OF RECORDS IN THE SYSTEM: 

The Management Information System 

contains the following categories of 

records: Time and Attendance, Phone 

Directory, Awards, Training, Travel, and 

Personnel (which may include 

personnel suitability records and preemployment inquiry records). 

Records (or information contained in 

records) may include: (1) Individual’s 

name, address and telephone contact 

information; (2) social security number; 

(3) date of birth; (4) service computation 

date; (5) career status; (6) assigned 

station; (7) job series; (8) education; (9) 

grade; (10) type of case; (11) work 

assignments; (12) travel; (13) 

experience; (14) training; and (15) audit, 

hotline, health care inspections and 

investigation case tracking data (e.g., 

case number, budgeted and actual staff 

days, target and completion dates, 

findings and results). 

Personnel suitability records may 

contain investigative information about 

an individual’s character, conduct and 

behavior in the community where he or 

she lives or lived; arrests and 

convictions for violations of law; reports 

of interviews with the subject and with 

present and former supervisors; coworkers, associates, neighbors, 

educators, etc., reports about the 

qualifications of an individual for a 

specific position and correspondence 

relating to adjudication matters; reports 

of inquiries with law enforcement 

agencies, employers, educational 

institutions attended, and credit 

reporting agencies; reports of action 

after Office of Personnel Management 

(OPM) or Federal Bureau of 

Investigation (FBI) full field 

investigations; and other information 

developed from the above. 

Pre-Employment Inquiry Records: 

These records may contain information 

relating to an applicant’s qualifications 

for employment in terms of character, 

reputation, and fitness; including letters 

of reference, responses to preemployment inquiries, qualifications 

and character information; reports of 

inquiries with law enforcement 

agencies, employers, educational 

institutions attended, and credit 

reporting agencies; and other 

information which may relate to the 

specific selection factors associated with 

the position sought. 

AUTHORITY FOR MAINTENANCE OF THE SYSTEM: 

Title 5, United States Code, Appendix 

3. 

PURPOSE(S): 

The records and information about 

individual OIG employees are used for 

various management and human 

resources objectives. Case tracking data 

is used to measure employee 

productivity. Employee contact 

information is maintained to allow 

employees to be contacted in emergency 

situations. Training records are used to 

make certain the employees complete 

required training assignments and to 

maintain a record of each employee’s 

training activities for career 

development and continuing 

professional education requirements. 

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. 

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Federal Register / Vol. 73, No. 189 / Monday, September 29, 2008 / Notices 56635 

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 

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, 

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, rule or order 

issued pursuant thereto. 

6. 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. 

7. 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. 

8. 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. 

9. 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. 

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 office at 801 I Street, 

NW., Washington, DC, in the office of 

the 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. Information can be 

retrieved based on computer searches of 

various data elements, including, but 

not limited to, MCI case numbers, 

transaction numbers, key words, and 

names of individual OIG employees. 

Electronic data is maintained 

indefinitely as described above. Policy 

for the disposal of records as well as a 

retention schedule is being developed 

by the OIG’s Office of Management and 

Administration. Information on awards 

and travel is maintained so that OIG 

managers have readily available relevant 

information about their employees in 

these areas. 

STORAGE: 

Records and information are stored 

electronically in databases and servers 

at VA OIG headquarters in Washington, 

DC. Backup records are stored on 

magnetic disc, tape, and CD–ROM and 

are also retained in hard copy format in 

secure file folders by the OIG 

component with responsibility for the 

specific category of records. All records 

about OIG personnel are maintained by 

the OIG’s Human Resources 

Management Division. 

RETRIEVABILITY: 

Records are retrieved by Social 

Security Number, case number, work 

assignment, or name. 

SAFEGUARDS: 

Information in the system is protected 

from unauthorized access through 

administrative, physical, and technical 

safeguards. Categories of records are 

restricted to those with an official need 

to know the information. Only VA OIG 

supervisors, for example, can access the 

Awards data, and only for employees 

within their supervisory chain. Access 

to data is also limited by means of 

features such as ‘‘read-only access,’’ i.e., 

where the person with access can read 

but not enter or change the information 

in the system. Safeguards also include 

password protection features and cipher 

locks securing the physical area. Some 

information in the system is restricted to 

employees of the Human Resources 

Management Division. 

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: 

Mailing address: Director, Information 

Technology Division (53C), Department 

of Veterans Affairs, Office of Inspector 

General, 810 Vermont Avenue, NW., 

Washington, DC 20420. Physical 

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56636 Federal Register / Vol. 73, No. 189 / Monday, September 29, 2008 / Notices 

address: Director, Information 

Technology Division (53C), Department 

of Veterans Affairs, Office of Inspector 

General, 801 I Street, NW., Washington, 

DC 20420. 

NOTIFICATION PROCEDURE: 

An individual who wishes to 

determine whether a record is being 

maintained under his or her name in 

this system must furnish a written 

request or apply in person to the 

Assistant Inspector General for 

Management and Administration (53), 

Department of Veteran Affairs, Office of 

Inspector General, 810 Vermont 

Avenue, NW., Washington, DC 20420. 

RECORD ACCESS PROCEDURES: 

An individual who seeks access to, 

wishes to determine the contents of 

such records, 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), Department of 

Veterans Affairs, Office of Inspector 

General, 810 Vermont Ave., NW., 

Washington, DC 20420. 

CONTESTING RECORD PROCEDURES: 

(See records access procedures 

above). 

RECORD SOURCE CATEGORIES: 

Individual employees, supervisors, 

official personnel folder, other 

personnel documents, individual 

applications, and forms. 

[FR Doc. E8–22776 Filed 9–26–08; 8:45 am] 

BILLING CODE 8320–01–P 

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