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

Agencies

• DEPARTMENT OF VETERANS AFFAIRS

[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.

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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]
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