Privacy Act of 1974; System of Records, 76498-76501 [E5-7802]

Download as PDF 76498 Federal Register / Vol. 70, No. 247 / Tuesday, December 27, 2005 / Notices Fiscal Service Financial Management Service Senior Executive Service; Financial Management Service Performance Review Board Financial Management Service, Fiscal Service, Treasury. ACTION: Notice. AGENCY: SUMMARY: Pursuant to 5 U.S.C. 4314(c)(4), notice was provided of the appointment of members to the Financial Management Service Performance Review Board in the Federal Register on October 5, 2005, 70 FR 58256. This notice announces the replacement of one of the members. FOR FURTHER INFORMATION CONTACT: Kenneth R. Papaj, Deputy Commissioner, Financial Management Service, 401 14th Street, SW., Washington, DC 20227; telephone (202) 874–7000. SUPPLEMENTARY INFORMATION: Charles R. Simpson is replacing Nancy Fleetwood as one of the members of the Financial Management Service Performance Review Board. This Board reviews the performance appraisals of career senior executives below the Assistant Commissioner level and makes recommendations regarding ratings, bonuses, and other personnel actions. Dated: December 20, 2005. Kenneth R. Papaj, Deputy Commissioner. [FR Doc. 05–24457 Filed 12–23–05; 8:45 am] BILLING CODE 4810–35–M DEPARTMENT OF VETERANS AFFAIRS Privacy Act of 1974; Report of Matching Program Department of Veterans Affairs. Notice. AGENCY: bjneal on PROD1PC70 with NOTICES ACTION: SUMMARY: Notice is hereby given that the Department of Veterans Affairs (VA) intends to conduct a recurring computer matching program matching Department of Justice, Bureau of Prisons (BOP), inmate records with VA pension, compensation, and dependency and indemnity compensation (DIC) records. The goal of this match is to identify incarcerated veterans and beneficiaries who are receiving VA benefits, and to reduce or terminate benefits, if appropriate. The match will include records of current VA beneficiaries. VerDate Aug<31>2005 14:54 Dec 23, 2005 Jkt 208001 The match will start no sooner than 30 days after publication of this notice in the Federal Register, or 40 days after copies of this Notice and the agreement of the parties is submitted to Congress and the Office of Management and Budget, whichever is later, and end not more than 18 months after the agreement is properly implemented by the parties. The involved agencies’ Data Integrity Boards (DIB) may extend this match for 12 months provided the agencies certify to their DIBs, within three months of the ending date of the original match, that the matching program will be conducted without change and that the matching program has been conducted in compliance with the original matching program. DATES: DEPARTMENT OF THE TREASURY Written comments may be submitted by: Mail or hand-delivery to Director, Regulations Management (00REG1), Department of Veterans Affairs, 810 Vermont Avenue, NW., Room 1068, Washington, DC 20420; fax to (202) 273–9026; or e-mail to VAregulations@mail.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. ADDRESSES: FOR FURTHER INFORMATION CONTACT: Pamela Liverman (212A), (757) 858– 6148, ext. 107. SUPPLEMENTARY INFORMATION: VA will use this information to verify incarceration and adjust VA benefit payments as prescribed by law. The proposed matching program will enable VA to accurately identify beneficiaries who are incarcerated for a felony or a misdemeanor in a Federal penal facility. The legal authority to conduct this match is 38 U.S.C. 1505, 5106, and 5313. Section 5106 requires any Federal department or agency to provide VA such information as VA requests for the purposes of determining eligibility for, or the amount of VA benefits, or verifying other information with respect thereto. Section 1505 provides that no VA pension benefits shall be paid to or for any person eligible for such benefits, during the period of that person’s incarceration as the result of conviction of a felony or misdemeanor, beginning on the sixty-first day of incarceration. Section 5313 provides that VA compensation or dependency and indemnity compensation above a specified amount shall not be paid to any person eligible for such benefits, during the period of that person’s incarceration as the result of conviction PO 00000 Frm 00057 Fmt 4703 Sfmt 4703 of a felony, beginning on the sixty-first day of incarceration. The VA records involved in the match are the VA system of records, VA Compensation, Pension and Education and Rehabilitation Records—VA (58 VA 21/22), first published at 41 FR 9294 (March 3, 1976), and last amended at 66 FR 47725 (9/13/01) with other amendments as cited therein. The BOP records consist of information from the system of records identified as Inmate Central Records System, Justice/BOP– 005 published on June 7, 1984 (48 FR 23711). In accordance with Title 5 U.S.C. subsection 552a(o)(2) and (r), copies of the agreement are being sent to both Houses of Congress and to the Office of Management and Budget. This notice is provided in accordance with the provisions of the Privacy Act of 1974 as amended by Public Law 100– 503. Approved: December 6, 2005. Gordon H. Mansfield, Deputy Secretary of Veterans Affairs. [FR Doc. E5–7801 Filed 12–23–05; 8:45 am] BILLING CODE 8320–01–P DEPARTMENT OF VETERANS AFFAIRS Privacy Act of 1974; System of Records AGENCY: Department of Veterans Affairs (VA). Notice of Amendment to System of Records. ACTION: 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, ‘‘Investigation Reports of Persons Allegedly Involved in Irregularities Concerning VA Laws, Regulations, Etc.’’ (11VA51) as set forth in the Federal Register 55 FR 42534. The system of records, maintained by VA’s Office of Inspector General (OIG), is being amended to comply with requirements established by the Homeland Security Act of 2002 (Pub. L. 107–296, Nov. 25, 2002). The change to the system is the addition of a new routine use Number 13 to allow the disclosure of information to authorized officials within the President’s Council on Integrity and Efficiency (PCIE), who are charged with the responsibility for conducting qualitative assessment reviews of investigative operations for the purpose of reporting to the President and Congress on the activities of the OIG. VA is republishing the system notice in its entirety. E:\FR\FM\27DEN1.SGM 27DEN1 Federal Register / Vol. 70, No. 247 / Tuesday, December 27, 2005 / Notices Comments on the amendment of this system of records must be received no later than January 26, 2006. If no public comment is received, the amended system will become effective January 26, 2006. ADDRESSES: You may mail or handdeliver written comments concerning the proposed amended system of records to: Director, Regulations Management (00REG1), 810 Vermont Avenue, NW., Washington, DC 20420, Room 1068; fax (202) 273–9026; e-mail to VARegulations@mail.va.gov; or, through http://www.Regulations.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: Michael R. Bennett, Attorney Advisor, Department of Veterans Affairs, Office of Inspector General, 810 Vermont Avenue, NW., Washington, DC 20420; or fax comments to (202) 565–8113; or e-mail comments to michael.bennett@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. VA’s Office of Inspector General (OIG) has reviewed its systems of records notices and has determined that its record system, Investigation Reports of Persons Allegedly Involved in Irregularities Concerning VA Laws, Regulations, Etc. [VA (11VA51)], must be revised to add a routine use in order to comply with the Homeland Security Act of 2002. Specifically, section 812, subsection (7) of the Act reads as follows: ‘‘To ensure the proper exercise of the law enforcement powers authorized by this subsection, the Offices of Inspector General described under paragraph (3) shall, not later than 180 days after the date of enactment of this subsection, collectively enter into a memorandum of understanding to establish an external review process for ensuring that adequate internal safeguards and management procedures continue to exist within each Office and within any Office that later receives an authorization under paragraph (2) the review process shall be established in consultation with the Attorney General.’’ The additional routine use would allow the disclosure of information to authorized officials within the President’s Council on Integrity and Efficiency, the Department bjneal on PROD1PC70 with NOTICES DATES: VerDate Aug<31>2005 14:54 Dec 23, 2005 Jkt 208001 of Justice, and the Federal Bureau of Investigation, as necessary, for the purpose of conducting qualitative assessment reviews of the OIG’s investigative operations to ensure that adequate safeguards and management procedures are maintained. 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 (65FR 77677), December 12, 2000. Approved: December 6, 2005. Gordon H. Mansfield, Deputy Secretary of Veterans Affairs. NUMBER: 11VA51 SYSTEM NAME: Investigation Reports of Persons Allegedly Involved in Irregularities Concerning VA Laws, Regulations, Etc. SECURITY CLASSIFICATION: Some of the material contained in the system has been classified in the interests of national security pursuant to Executive Order 11652. SYSTEM LOCATION: This system is located in the VA Office of Inspector General, 810 Vermont Avenue, NW., Washington, DC 20420. The database for the system, known as the Master Case Index (MCI), is on a local area network in the VA OIG building and is operated by the Office of Management and Administration. CATEGORIES OF INDIVIDUALS COVERED BY THE SYSTEM: Individuals covered by the system are employees, veterans, and third parties such as contractors who conduct official business with VA. CATEGORIES OF RECORDS IN THE SYSTEM: AUTHORITY FOR MAINTENANCE OF THE SYSTEM: 38 U.S.C. 210 (c) (i); Title 5, U.S.C., Appendix 1, section 7 (a). PURPOSE(S): The system serves as a basis for taking civil, criminal, and administrative actions, including the issuance of subpoenas, security clearances, suitability determinations, and similar authorized activities. ROUTINE USES OF RECORDS MAINTAINED IN THE SYSTEM, INCLUDING CATEGORIES OF USERS AND THE PURPOSES OF SUCH USES: Records are used by VA officials and representatives of other government agencies on a need-to-know basis in the performance of their official duties and PO 00000 Frm 00058 Fmt 4703 Sfmt 4703 76499 authorities set forth above and for the following routine uses: 1. The record of an individual who is covered by this system may be disclosed to a member or staff person acting for the member when the member or staff person requests the records on behalf of and at the request of that individual. 2. Any information in this system may be disclosed to a Federal agency, upon its official request, to the extent that it is relevant and necessary to that agency’s decision regarding: The hiring, retention or transfer of an employee, the issuance of a security clearance, the letting of a contract, or the issuance or continuance of a license, grant or other benefit given by that agency. However, in accordance with an agreement with the U.S. Postal Service, disclosures to the U.S. Postal Service for decisions concerning the employment of veterans will only be made with the veteran’s prior written consent. 3. Any information in this system may be disclosed to a State or local agency, upon its official request, to the extent that it is relevant and necessary to that agency’s decision on: The hiring, transfer or retention of an employee, the issuance of a security clearance, the letting of a contract, or the issuance or continuance of a license, grant or other benefit by the agency; provided, that if the information pertains to a veteran, the name and address of the veteran will not be disclosed unless the name and address is provided first by the requesting State or local agency. 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 the 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 in order to respond to the VA inquiry. 5. Any information in this system, except the name and address of a veteran, which is relevant to a suspected violation 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, may be disclosed to a Federal, State, local or foreign agency charged with the responsibility of investigating or prosecuting such E:\FR\FM\27DEN1.SGM 27DEN1 bjneal on PROD1PC70 with NOTICES 76500 Federal Register / Vol. 70, No. 247 / Tuesday, December 27, 2005 / Notices violation, or charged with enforcing or implementing the statute, regulation, rule or order issued pursuant thereto. 6. The name and address of a veteran, which is relevant to a suspected violation 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, may be disclosed to a Federal agency charged with the responsibility of investigating or prosecuting such violation, or charged with enforcing or implementing the statute, regulation, rule or order issued enforcing or implementing the statute, regulation, rule or order issued pursuant thereto, in response to its official request. 7. The name and address of a veteran, which is relevant to a suspected violation or reasonably imminent violation of law concerning public health or safety, whether civil, criminal or regulatory in nature and whether arising by general or program statute or by regulation, rule of order issued pursuant thereto, may be disclosed to any foreign, State or local governmental agency or instrumentality charged under applicable law with the protection of the public health or safety if a qualified representative of such organization, agency or instrumentality has made a written request that such name and address be provided for a purpose authorized by law. 8. Any information in this system may be disclosed to a Federal grand jury, a Federal court or a party in litigation, or a Federal agency or party to an administrative proceeding being conducted by a Federal agency, in order for the VA to respond to and comply with the issuance of a Federal subpoena. 9. Any information in this system may be exposed to a State or municipal grand jury, a State or municipal court or party in litigation, or to a State or municipal administrative agency functioning in a quasi-judicial capacity or a party to a proceeding being conducted by such agency, in order for the VA to respond to and comply with the issuance of a State or municipal subpoena; provided, that any disclosure of claimant information concerning a veteran-claimant made under this routine use must comply with the provisions of 38 CFR 1.511. 10. Any information in this system may be disclosed to the Office of Special Counsel, upon its official request, when required for the Special Counsel’s review of the complainant’s allegations of prohibited personnel practices. 11. The name, address, and other identifying data, including title, date VerDate Aug<31>2005 14:54 Dec 23, 2005 Jkt 208001 and place of birth, Social Security number, and summary information concerning an individual who, for fraudulent or deceitful conduct either as an employee or while conducting or seeking to conduct business with the Agency, has been convicted of violating Federal or State law or has been debarred or suspended from doing business with the VA, may be furnished to other Federal agencies to assist such agencies in preventing and detecting possible fraud or abuse by such individual in their operations and programs. This routine use applies to all information in this System of Records which can be retrieved by name or by some identifier assigned to an individual in a personal or in an entrepreneurial capacity. 12. Records from this system of records may be disclosed to a Federal Agency or to a State or local government licensing board and/or to the Federation of State Medical Boards or a similar nongovernment entity which maintains records concerning individuals’ employment histories or concerning the issuance, retention or revocation of licenses, certifications, or registration necessary to practice an occupation, profession or specialty, in order for the Agency to obtain information relevant to an Agency decision concerning the hiring, retention or termination of an employee or to inform a Federal Agency or licensing boards or the appropriate nongovernment entities about the health care practices of a terminated, resigned or retired health care employee whose professional health care activity so significantly failed to conform to generally accepted standards of professional medical practice as to raise reasonable concern for the health and safety of patients in the private sector or from another Federal Agency. These records may also be disclosed as part of an ongoing computer matching program to accomplish these purposes. 13. A record may be disclosed to any official charged with the responsibility to conduct qualitative assessment reviews of internal safeguards and management procedures employed in investigative operations. This disclosure category includes members of the President’s Council on Integrity and Efficiency and officials and administrative staff within their investigative chain of command, as well as authorized officials of the Department of Justice and the Federal Bureau of Investigation. PO 00000 Frm 00059 Fmt 4703 Sfmt 4703 POLICIES AND PRACTICES FOR STORING, RETRIEVING, ACCESSING, RETAINING, AND DISPOSING OF RECORDS IN THE SYSTEM: STORAGE: Records are maintained on paper in individual file folders, on index cards, and on electronic media. RETRIEVABILITY: File cards may be indexed by the last name of the subject(s) of an investigation. File folders containing reports of investigation and summaries of the reports are individually retrievable by means of a cross indexing with file cards. SAFEGUARDS: Access to the file folders and file cards (which are kept in cabinets) is restricted to authorized personnel on a need-to-know basis. The file room and cabinets are locked after duty hours, and the building is protected from unauthorized access by a protective service. RETENTION AND DISPOSAL: Investigation reports are maintained by the Office of Inspector General until final action is taken. Once final action has been taken, the report is sent to the VACO Records Management Section where it is maintained for 5 years. It is then forwarded to the Federal Records Center where it is maintained for 25 years and then destroyed by shredding. File cards and summaries of all investigations are maintained by the Office of Inspector General for 30 years and then destroyed by shredding. SYSTEM MANAGER(S) AND ADDRESS: Assistant Inspector General for Investigations (51), VA Central Office, 810 Vermont Avenue, NW., Washington, DC 20420. NOTIFICATION PROCEDURE: An individual who wishes to determine whether a record is being maintained by the Assistant Inspector General for Investigations 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 Assistant Inspector General for Investigations (51). However, a majority of records in this system are exempt from the notification requirement in 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. E:\FR\FM\27DEN1.SGM 27DEN1 Federal Register / Vol. 70, No. 247 / Tuesday, December 27, 2005 / Notices RECORD ACCESS PROCEDURE: An individual who seeks access to or wishes to contest records maintained under his or her name in this system may write, call or visit the Assistant Inspector General for Investigations (51). However, a majority of records in this system are exempt from the record access and contesting requirement 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 Record Access Procedures above.) RECORD SOURCE CATEGORIES: Information is obtained from thirdparty organizations such as schools and financial institutions, VA employees, veterans and VA records. SYSTEMS EXEMPTED FROM CERTAIN PROVISIONS OF THE ACT: bjneal on PROD1PC70 with NOTICES 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, mandates the Inspector General to recommend policies for, and to conduct, supervise and coordinate activities in the Department of Veterans VerDate Aug<31>2005 14:54 Dec 23, 2005 Jkt 208001 Affairs and between the Department of Veterans Affairs and other Federal, State and local governmental agencies with respect to all matters relating to the prevention and detection of fraud in programs and operations administered or financed by the Department of Veterans Affairs and to the identification and prosecution of participants in such fraud. Under the 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 Office of Investigations. These activities constitute the principal function of this staff. In addition to principal functions pertaining to the enforcement of criminal laws, the Inspector General may receive and investigate complaints or information from various sources concerning the possible existence of activities constituting non-criminal violations of law, rules or regulations, or mismanagement, gross waste of funds, abuses of authority or substantial and specific danger to the public and safety. This system of records also exists to support inquiries by the Assistant Inspector General for Investigations into these non-criminal violation types of activities. Based upon the foregoing, the Department of Veterans Affairs Secretary has exempted this system of PO 00000 Frm 00060 Fmt 4703 Sfmt 4703 76501 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), (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 Department of Veterans Affairs Secretary 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); 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, 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 law enforcement personnel. [FR Doc. E5–7802 Filed 12–23–05; 8:45 am] BILLING CODE 8320–01–P E:\FR\FM\27DEN1.SGM 27DEN1

Agencies

[Federal Register Volume 70, Number 247 (Tuesday, December 27, 2005)]
[Notices]
[Pages 76498-76501]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E5-7802]


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DEPARTMENT OF VETERANS AFFAIRS


Privacy Act of 1974; System of Records

AGENCY: Department of Veterans Affairs (VA).

ACTION: Notice of Amendment to System of Records.

-----------------------------------------------------------------------

SUMMARY: As required by the Privacy Act of 1974, 5 U.S.C. 552a(e), 
notice is hereby given that the Department of Veterans Affairs (VA) is 
amending the system of records currently entitled, ``Investigation 
Reports of Persons Allegedly Involved in Irregularities Concerning VA 
Laws, Regulations, Etc.'' (11VA51) as set forth in the Federal Register 
55 FR 42534. The system of records, maintained by VA's Office of 
Inspector General (OIG), is being amended to comply with requirements 
established by the Homeland Security Act of 2002 (Pub. L. 107-296, Nov. 
25, 2002). The change to the system is the addition of a new routine 
use Number 13 to allow the disclosure of information to authorized 
officials within the President's Council on Integrity and Efficiency 
(PCIE), who are charged with the responsibility for conducting 
qualitative assessment reviews of investigative operations for the 
purpose of reporting to the President and Congress on the activities of 
the OIG. VA is republishing the system notice in its entirety.

[[Page 76499]]


DATES: Comments on the amendment of this system of records must be 
received no later than January 26, 2006. If no public comment is 
received, the amended system will become effective January 26, 2006.

ADDRESSES: You may mail or hand-deliver written comments concerning the 
proposed amended system of records to: Director, Regulations Management 
(00REG1), 810 Vermont Avenue, NW., Washington, DC 20420, Room 1068; fax 
(202) 273-9026; e-mail to VARegulations@mail.va.gov; or, through http:/
/www.Regulations.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: Michael R. Bennett, Attorney Advisor, 
Department of Veterans Affairs, Office of Inspector General, 810 
Vermont Avenue, NW., Washington, DC 20420; or fax comments to (202) 
565-8113; or e-mail comments to michael.bennett@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. VA's Office of Inspector General (OIG) has reviewed its 
systems of records notices and has determined that its record system, 
Investigation Reports of Persons Allegedly Involved in Irregularities 
Concerning VA Laws, Regulations, Etc. [VA (11VA51)], must be revised to 
add a routine use in order to comply with the Homeland Security Act of 
2002. Specifically, section 812, subsection (7) of the Act reads as 
follows: ``To ensure the proper exercise of the law enforcement powers 
authorized by this subsection, the Offices of Inspector General 
described under paragraph (3) shall, not later than 180 days after the 
date of enactment of this subsection, collectively enter into a 
memorandum of understanding to establish an external review process for 
ensuring that adequate internal safeguards and management procedures 
continue to exist within each Office and within any Office that later 
receives an authorization under paragraph (2) the review process shall 
be established in consultation with the Attorney General.'' The 
additional routine use would allow the disclosure of information to 
authorized officials within the President's Council on Integrity and 
Efficiency, the Department of Justice, and the Federal Bureau of 
Investigation, as necessary, for the purpose of conducting qualitative 
assessment reviews of the OIG's investigative operations to ensure that 
adequate safeguards and management procedures are maintained.
    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 (65FR 77677), December 12, 2000.

    Approved: December 6, 2005.
Gordon H. Mansfield,
Deputy Secretary of Veterans Affairs.
SYSTEM NUMBER: 11VA51

System Name:
    Investigation Reports of Persons Allegedly Involved in 
Irregularities Concerning VA Laws, Regulations, Etc.

Security Classification:
    Some of the material contained in the system has been classified in 
the interests of national security pursuant to Executive Order 11652.

System Location:
    This system is located in the VA Office of Inspector General, 810 
Vermont Avenue, NW., Washington, DC 20420. The database for the system, 
known as the Master Case Index (MCI), is on a local area network in the 
VA OIG building and is operated by the Office of Management and 
Administration.

Categories of Individuals Covered by the System:
    Individuals covered by the system are employees, veterans, and 
third parties such as contractors who conduct official business with 
VA.

Categories Of Records In The System:
Authority for Maintenance of the System:
    38 U.S.C. 210 (c) (i); Title 5, U.S.C., Appendix 1, section 7 (a).

Purpose(s):
    The system serves as a basis for taking civil, criminal, and 
administrative actions, including the issuance of subpoenas, security 
clearances, suitability determinations, and similar authorized 
activities.

Routine Uses of Records Maintained in the System, Including Categories 
of Users and the Purposes of Such Uses:
    Records are used by VA officials and representatives of other 
government agencies on a need-to-know basis in the performance of their 
official duties and authorities set forth above and for the following 
routine uses:
    1. The record of an individual who is covered by this system may be 
disclosed to a member or staff person acting for the member when the 
member or staff person requests the records on behalf of and at the 
request of that individual.
    2. Any information in this system may be disclosed to a Federal 
agency, upon its official request, to the extent that it is relevant 
and necessary to that agency's decision regarding: The hiring, 
retention or transfer of an employee, the issuance of a security 
clearance, the letting of a contract, or the issuance or continuance of 
a license, grant or other benefit given by that agency. However, in 
accordance with an agreement with the U.S. Postal Service, disclosures 
to the U.S. Postal Service for decisions concerning the employment of 
veterans will only be made with the veteran's prior written consent.
    3. Any information in this system may be disclosed to a State or 
local agency, upon its official request, to the extent that it is 
relevant and necessary to that agency's decision on: The hiring, 
transfer or retention of an employee, the issuance of a security 
clearance, the letting of a contract, or the issuance or continuance of 
a license, grant or other benefit by the agency; provided, that if the 
information pertains to a veteran, the name and address of the veteran 
will not be disclosed unless the name and address is provided first by 
the requesting State or local agency.
    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 the 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 in 
order to respond to the VA inquiry.
    5. Any information in this system, except the name and address of a 
veteran, which is relevant to a suspected violation 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, may be disclosed to 
a Federal, State, local or foreign agency charged with the 
responsibility of investigating or prosecuting such

[[Page 76500]]

violation, or charged with enforcing or implementing the statute, 
regulation, rule or order issued pursuant thereto.
    6. The name and address of a veteran, which is relevant to a 
suspected violation 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, may be disclosed to a Federal agency charged with the 
responsibility of investigating or prosecuting such violation, or 
charged with enforcing or implementing the statute, regulation, rule or 
order issued enforcing or implementing the statute, regulation, rule or 
order issued pursuant thereto, in response to its official request.
    7. The name and address of a veteran, which is relevant to a 
suspected violation or reasonably imminent violation of law concerning 
public health or safety, whether civil, criminal or regulatory in 
nature and whether arising by general or program statute or by 
regulation, rule of order issued pursuant thereto, may be disclosed to 
any foreign, State or local governmental agency or instrumentality 
charged under applicable law with the protection of the public health 
or safety if a qualified representative of such organization, agency or 
instrumentality has made a written request that such name and address 
be provided for a purpose authorized by law.
    8. Any information in this system may be disclosed to a Federal 
grand jury, a Federal court or a party in litigation, or a Federal 
agency or party to an administrative proceeding being conducted by a 
Federal agency, in order for the VA to respond to and comply with the 
issuance of a Federal subpoena.
    9. Any information in this system may be exposed to a State or 
municipal grand jury, a State or municipal court or party in 
litigation, or to a State or municipal administrative agency 
functioning in a quasi-judicial capacity or a party to a proceeding 
being conducted by such agency, in order for the VA to respond to and 
comply with the issuance of a State or municipal subpoena; provided, 
that any disclosure of claimant information concerning a veteran-
claimant made under this routine use must comply with the provisions of 
38 CFR 1.511.
    10. Any information in this system may be disclosed to the Office 
of Special Counsel, upon its official request, when required for the 
Special Counsel's review of the complainant's allegations of prohibited 
personnel practices.
    11. The name, address, and other identifying data, including title, 
date and place of birth, Social Security number, and summary 
information concerning an individual who, for fraudulent or deceitful 
conduct either as an employee or while conducting or seeking to conduct 
business with the Agency, has been convicted of violating Federal or 
State law or has been debarred or suspended from doing business with 
the VA, may be furnished to other Federal agencies to assist such 
agencies in preventing and detecting possible fraud or abuse by such 
individual in their operations and programs. This routine use applies 
to all information in this System of Records which can be retrieved by 
name or by some identifier assigned to an individual in a personal or 
in an entrepreneurial capacity.
    12. Records from this system of records may be disclosed to a 
Federal Agency or to a State or local government licensing board and/or 
to the Federation of State Medical Boards or a similar nongovernment 
entity which maintains records concerning individuals' employment 
histories or concerning the issuance, retention or revocation of 
licenses, certifications, or registration necessary to practice an 
occupation, profession or specialty, in order for the Agency to obtain 
information relevant to an Agency decision concerning the hiring, 
retention or termination of an employee or to inform a Federal Agency 
or licensing boards or the appropriate nongovernment entities about the 
health care practices of a terminated, resigned or retired health care 
employee whose professional health care activity so significantly 
failed to conform to generally accepted standards of professional 
medical practice as to raise reasonable concern for the health and 
safety of patients in the private sector or from another Federal 
Agency. These records may also be disclosed as part of an ongoing 
computer matching program to accomplish these purposes.
    13. A record may be disclosed to any official charged with the 
responsibility to conduct qualitative assessment reviews of internal 
safeguards and management procedures employed in investigative 
operations. This disclosure category includes members of the 
President's Council on Integrity and Efficiency and officials and 
administrative staff within their investigative chain of command, as 
well as authorized officials of the Department of Justice and the 
Federal Bureau of Investigation.

Policies and Practices for Storing, Retrieving, Accessing, Retaining, 
and Disposing of Records in the System:
Storage:
    Records are maintained on paper in individual file folders, on 
index cards, and on electronic media.

Retrievability:
    File cards may be indexed by the last name of the subject(s) of an 
investigation. File folders containing reports of investigation and 
summaries of the reports are individually retrievable by means of a 
cross indexing with file cards.

Safeguards:
    Access to the file folders and file cards (which are kept in 
cabinets) is restricted to authorized personnel on a need-to-know 
basis. The file room and cabinets are locked after duty hours, and the 
building is protected from unauthorized access by a protective service.

Retention and Disposal:
    Investigation reports are maintained by the Office of Inspector 
General until final action is taken. Once final action has been taken, 
the report is sent to the VACO Records Management Section where it is 
maintained for 5 years. It is then forwarded to the Federal Records 
Center where it is maintained for 25 years and then destroyed by 
shredding. File cards and summaries of all investigations are 
maintained by the Office of Inspector General for 30 years and then 
destroyed by shredding.

System Manager(s) and Address:
    Assistant Inspector General for Investigations (51), VA Central 
Office, 810 Vermont Avenue, NW., Washington, DC 20420.

Notification Procedure:
    An individual who wishes to determine whether a record is being 
maintained by the Assistant Inspector General for Investigations 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 
Assistant Inspector General for Investigations (51). However, a 
majority of records in this system are exempt from the notification 
requirement in 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.

[[Page 76501]]

Record Access Procedure:
    An individual who seeks access to or wishes to contest records 
maintained under his or her name in this system may write, call or 
visit the Assistant Inspector General for Investigations (51). However, 
a majority of records in this system are exempt from the record access 
and contesting requirement 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 Record Access Procedures above.)

Record Source Categories:
    Information is obtained from third-party organizations such as 
schools and financial institutions, VA employees, veterans and VA 
records.

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, mandates the Inspector General to recommend policies for, 
and to conduct, supervise and coordinate activities in the Department 
of Veterans Affairs and between the Department of Veterans Affairs and 
other Federal, State and local governmental agencies with respect to 
all matters relating to the prevention and detection of fraud in 
programs and operations administered or financed by the Department of 
Veterans Affairs and to the identification and prosecution of 
participants in such fraud. Under the 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 Office of Investigations. These activities constitute the 
principal function of this staff.
    In addition to principal functions pertaining to the enforcement of 
criminal laws, the Inspector General may receive and investigate 
complaints or information from various sources concerning the possible 
existence of activities constituting non-criminal violations of law, 
rules or regulations, or mismanagement, gross waste of funds, abuses of 
authority or substantial and specific danger to the public and safety. 
This system of records also exists to support inquiries by the 
Assistant Inspector General for Investigations into these non-criminal 
violation types of activities.
    Based upon the foregoing, the Department of Veterans Affairs 
Secretary 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), (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 Department of Veterans Affairs Secretary 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); 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, 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 law enforcement 
personnel.
 [FR Doc. E5-7802 Filed 12-23-05; 8:45 am]
BILLING CODE 8320-01-P