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System of Records (SOR)
103VA07B - Police and Security Records-VA
System location:
VA Police and Security personnel maintain electronic and paper
records at VA facilities and VA Central Office, 810 Vermont Ave.,
NW., Washington, DC 20420. Address locations for VA facilities are
listed in VA Appendix 1 of the biennial publication of the VA systems
of records.
Categories of individuals covered by the system:
Veterans, VA police officers, Federal government employees,
retirees, contractors, subcontractors, volunteers, and other
individuals, including private citizens, who:
- Have been a complainant, a witness, a victim, or a subject of
an investigation of a violation or of an alleged violation of a law
on VA property;
- Have been a witness or a victim when there has been a VA
police response to a report of a missing patient;
- Have been witness to, or involved in, a motor vehicle accident
on VA property;
- Have been a witness, victim, or subject when there has been a
VA police response to provide assistance to VA employees;
- Have registered a motor vehicle with VA police;
- Have had property confiscated by VA police or whose property
has been given to VA police for safekeeping; or
- For whom a VA identification card has been prepared.
Categories of records in the system:
Security and law enforcement records, containing specific
identification of persons, can be found in electronic and/or paper
medium:
- Master Name Index contains demographic information (i.e.,
name, address, date of birth, sex) and descriptive information such
as height, weight, hair color, eye color, and scars of marks.
- Quick Name Check allows for the immediate retrieval of
information based on a name from files contained within the law
enforcement records subject to this system of records notice.
- VA Police Uniform Offense Reports, Investigative Notes, Case
Log, and other documentation assembled during an investigation.
Uniform Offense Reports contain information of all types of offenses
and incidents, criminal and non-criminal, that occur at a facility
and to which VA police respond (e.g., criminal investigations,
investigative stops, patient and staff assistance calls, missing
patient searches, and motor vehicle accidents).
- All violation information and copies of U.S. District Court
Violation Notices and Courtesy Warnings issued by VA police.
- On-station vehicle registration records used for identifying
vehicle owners at a facility.
- Records pertaining to individuals with outstanding warrants,
summons, court commitments, or other types of legal process.
- Daily Operations Journal records include names and other
personal identifying information of persons with whom VA police have
had official, duty-related contact.
- VA police officer training records.
- Photographs of any and all persons and/or scenes pertinent to
an incident or investigation.
- Motor vehicle registrations.
- Identification cards with photographic images for veterans,
Federal government employees, retirees, volunteers, contractors,
subcontractors, or private citizens.
- Records of evidence, confiscated property, or property being
held for safekeeping.
Authority for maintenance of the system:
United States Code (U.S.C.), Section 501 and Sections 901-905.
Purpose(s):
The records and information contained in this system of records
are necessary for the effective administration and management of the
Department's nationwide Police and Security program. The collection
and use of accurate, up-to-date data is necessary for the purpose of
enforcing the law and protecting persons and property on VA property
and at VA Central Office. Examples: ID cards are used to visibly
identify employees, contractors, students, and other designated
individuals from the general public. ID cards also serve as a means
of access control to the facility. Motor vehicle registration records
serve to accurately identify the owner of a vehicle and the
suitability of its presence on VA grounds. These records are also
used for a VA facility's ride sharing program. Evidence or
confiscated property records are used to accurately track and record
the chain of custody maintained by the VA police.
Routine uses of records maintained in the system, including
categories of users and the purposes of such uses:
- 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.
- 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.
- Disclosure may be made to DoJ and United States attorneys in
defense or prosecution of litigation involving the United States, and
to Federal agencies upon their request in connection with review of
administrative tort claims filed under the Federal Tort Claims Act,
Title 28 United States Code, Section 2672.
- 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 of this
information has been requested by the Federal agency in order to
respond to the VA inquiry.
- 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 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.
- Information from this system of records may be disclosed to
DoJ or in a proceeding before a court, adjudicative body, or other
administrative body before which the Agency is authorized to appear
when: the Agency, or any component thereof, or any employee of the
Agency in his or her official capacity, where DoJ or the Agency has
agreed to represent the employee or the U.S.; when the Agency
determines that litigation is likely to affect the Agency or any of
its components, is a party to litigation and has an interest in such
litigation, and the use of such information by DoJ or the Agency is
deemed by the Agency to be relevant and necessary to the litigation
provided that the disclosure is compatible with the purpose for which
the records were collected.
- Information in this system regarding traffic accidents may be
disclosed to private insurance companies for use in determining
payment of a claim under a policy.
- To assist attorneys in representing their clients, any
information in this system may be disclosed to attorneys representing
veterans, Federal government employees, retirees, volunteers,
contractors, subcontractors, or private citizens being investigated
and prosecuted for violating the law, except where VA has decided
release is inappropriate under Title 5 United States Code, Section
552a(j) and (k).
- Disclosure of information to 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.
- Information may be disclosed to the Equal Employment
Opportunity Commission when requested in connection with
investigations of alleged or possible discrimination practices,
examination of Federal affirmative employment programs, compliance
with the Uniform Guidelines of Employee Selection Procedures, or
other functions vested in the Commission by the President's
Reorganization Plan No. 1 of 1978.
- Information may be disclosed to officials of the Merit
Systems Protection Board, and the Office of the Special Counsel, when
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.
- Disclosure may be made to the VA-appointed representative of
an employee of all notices, determinations, decisions, or other
written communications issued to the employee in connection with an
examination ordered by VA under medical evaluation (formerly fitness-
for-duty) examination procedures or Department-filed disability
retirement procedures.
Policies and practices for storing, retrieving, accessing,
retaining and disposing of records in the system:
Storage:
VA Police and Security Services maintain electronic and paper
records at each VA facility and VA Central Office.
Retrievability:
Information is retrieved by name or Social Security Number.
Safeguards:
Access to working areas where information is maintained in VA
facilities and VA Central Office is controlled and restricted to VA
employees and VA contractors on a need-to-know basis. Paper document
files are locked in a secure container when files are not being used
and when work area is not occupied. VA facilities are protected from
outside access after normal duty hours by security personnel. Access
to information on electronic media is controlled by individually
unique passwords and codes. Computer access authorizations, computer
applications available and used, information access attempts,
frequency and time of use are recorded and monitored.
Retention and disposal:
Records will be maintained and disposed of in accordance with the
recorded disposition authority approved by the Archivist of the
United States.
System manager(s) and address:
Director, Police and Security Service (07B), 810 Vermont Avenue,
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 or wishes to
determine the contents of such records should submit a written
request or apply in person to the VA facility where the records are
located. VA facility location information can be found in the
Facilities Locator section of VA's Web site at http://www.va.gov. A
majority of records in this system are exempt from record access and
amendment provisions of Title 5 United States Code, Sections 552a(j)
and (k). To the extent that records in the system are not subject to
exemption, individuals may request access and/or amendment. A
determination as to whether an exemption applies shall be made at the
tie a request for access or contest is received.
Record access procedures:
Individuals seeking information regarding access to and amendment
of records in this system may write, call or visit the VA facility
where the records are maintained.
Contesting record procedures:
(See Record Access Procedure above).
Record source categories:
Information is obtained from veterans, VA police officers,
Federal government employees, retirees, volunteers, contractors,
subcontractors, other law enforcement agencies, and private citizens.
Systems exempted from certain provisions of the act:
Under Title 5 United States Code, Section 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
function of the Police and Security Service is to provide for the
maintenance of law and order and the protection of persons and
property on Department property. This system of records has been
created, in major part, to support the criminal law related
activities assigned by the Department under the authority of Title 38
United States Code, Section 901 to the Police and Security Service.
These activities constitute the principal function of this staff.
In addition to principal functions pertaining to the enforcement
of criminal laws, the Police and Security Service may receive and
investigate complaints or information from various sources concerning
the possible existence of activities constituting noncriminal
violations of law, rules, or regulations or substantial and specific
danger to the public and safety.
Based upon the foregoing, the Secretary of Veterans 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) (1) through (4)
5 U.S.C. 552a(e) (1), (2) and (3)
5 U.S.C. 552a(e)(4) (G), (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 exempted this system of
records, to the extent that it does not encompass information
pertaining to criminal law related 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) (1) through (4)
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 Police and Security Service, to prevent
subjects of investigations from frustrating the investigatory
process, 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 Policy and Security personnel.
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