Privacy Act of 1974, 60232-60235 [E6-16843]

Agencies

• DEPARTMENT OF VETERANS AFFAIRS

[Federal Register Volume 71, Number 197 (Thursday, October 12, 2006)]
[Notices]
[Pages 60232-60235]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E6-16843]


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DEPARTMENT OF VETERANS AFFAIRS


Privacy Act of 1974

AGENCY: Department of Veterans Affairs (VA).

ACTION: Notice of New System of Records.

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SUMMARY: The Privacy Act of 1974 (5 U.S.C. 552(e)(4)) requires all 
agencies to publish in the Federal Register a notice of the existence 
and character of their systems of records. Notice is hereby given that 
the Department of Veterans Affairs (VA) is establishing a new system of 
records entitled ``Enterprise Project Management (EPM) Tool--VA'' 
(122VA005P3).

DATES: Comments on this new system of records must be received by 
November 13, 2006. If no public comment is received during the period 
allowed for comment or unless otherwise published in the Federal 
Register by VA, the new system of records will become effective 
November 13, 2006.

ADDRESSES: Written comments concerning the proposed new system of 
records may be submitted by: mail or hand-delivery to Director, Office 
of Regulations Management (00REG1), Department of Veterans Affairs, 810 
Vermont Avenue, NW., 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 at the above address 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: Mr. Charles Warner, Director, 
Information Technology Program and Project Management Service, 810 
Vermont Avenue, NW., Washington, DC 20420-0001 at (202) 565-8828.

SUPPLEMENTARY INFORMATION:

I. Description of Proposed Systems of Records

    The Clinger-Cohen Information Technology Management Reform Act, 
which states the ``Director shall develop, as part of the budget 
process, a process for analyzing, tracking, and evaluating the risks 
and results of all major capital investments made by an executive 
agency for information systems,'' outlines numerous requirements for 
managing and tracking information technology systems. In an effort to 
meet these requirements, VA is using the EPM Tool to manage, track, and 
report on IT projects.
    The EPM Tool is an enterprise project, process, and resource 
management software tool that provides overall visibility into 
priorities, progress, and staffing. This will allow VA to make informed 
decisions and deliver projects on time through the capture and re-use 
of best practices by integrating project management capabilities into a 
unified information system for all project stakeholders in an easy-to-
use, collaborative environment. The EPM Tool will also unite project, 
resource, and process management and give project managers and senior 
management clear visibility and insight into VA projects.

[[Page 60233]]

    Once the project manager establishes a project in the EPM Project 
Manager Module Tool, a project schedule may be created using the 
functionalities within the EPM Tool. Resources, or individuals working 
on the project, are then assigned to each activity or task, based on 
area of expertise, e.g., computer specialist, training expert, etc. 
Resources may be assigned directly to the activity or task by name or 
by role, e.g., computer specialist, training expert, etc., and are 
responsible for reporting the amount of time spent working on an 
activity in the EPM Tool. Project resource costs may be calculated by 
several methods, including (1) Resource base salary plus a percentage 
for benefits/incidentals; (2) exact salary of the resource; or (3) 
average salary. Average salary is based on the resource's grade at Step 
5. Contractor and subcontractor salaries may be tracked based on exact 
or blended rates for time and material contracts.
    The records contain information on current and former VA employees, 
contractors, and subcontractors acting in the capacity of project 
managers and project team members. In particular, the records include 
information related to:
    1. Identifying information, including name, title, and other unique 
identifier (not Social Security Number);
    2. Project work activities;
    3. Hours of effort spent on project activities/tasks;
    4. Hours of effort spent on non-project activities, such as 
administrative duties and assignments;
    5. A generic leave category or specific vacation and/or sick time; 
and
    6. Salaries of project managers and team members.
    Because this information is retrieved by the name or other unique 
identifier of a VA employee, contractor, or subcontractor, VA must 
establish the EPM Tool as a new system of records.
    The authority for maintaining the EPM Tool is found in 38 United 
States Code, Section 501. Records are maintained at the Hines Office of 
Information Field Office, Hines, IL. Data will be stored on a central 
server, currently located at Hines. While the central server in Hines 
is considered to be the ``production'' database, information stored on 
this central server can be exported to a stand-alone version of tool on 
the client computers. This allows the project managers to do ``what 
if'' scenarios without corrupting the information in the production 
database. In addition, at the central processing site, backup media are 
created and stored.

II. Proposed Routine Use Disclosures of Data in the System

    VA is proposing to establish the following routine use disclosures 
of information maintained in the system:
    1. VA may disclose information to a Congressional office from the 
record of an individual in response to an inquiry from the 
Congressional office made on behalf and at the written request of that 
individual.
    Individuals sometimes request the help of a Member of Congress in 
resolving some issue relating to a matter before VA. When the Member of 
Congress writes VA, VA must be able to provide sufficient information 
to be responsive to the inquiry.
    2. VA may disclose information to the National Archives and Records 
Administration (NARA) in records management inspections conducted under 
authority of Title 44, United States Code.
    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.
    3. VA may disclose information to the Department of Justice (DOJ), 
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 or 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 a purpose for which the 
records were collected.
    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 information to the 
court, adjudicative or administrative bodies, or parties involved. A 
determination would be made in each instance that, under the 
circumstances involved, the purpose served by the use of the 
information in the particular litigation or process is compatible with 
a purpose for which VA collected the information. This routine use 
would not constitute authority to disclose records in response to a 
subpoena unless signed by a judge, a court order under Privacy Act 
subsection (b)(11), 5 U.S.C. 552(b)(11), or any other provision of 
Privacy Act subsection (b) because of the Court's analysis in Doe v. 
DiGenova, 779 F.2d 74, 78-84 (D.C. Cir. 1985) and Doe v. Stephens, 851 
F.2d 1457, 1465-67 (DC Cir. 1988).
    4. 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.
    VA must be able to provide information to contractors or 
subcontractors with which VA has a contract or agreement in order to 
perform the services of the contract or agreement.
    5. VA may disclose information to the Office of Management and 
Budget (OMB) in order for them to perform their statutory 
responsibilities for evaluating Federal programs. VA must be able to 
provide information to OMB in order for it to carry out its 
responsibilities for evaluating Federal programs.
    6. VA may disclose on its own initiative any information in this 
system, except the names 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. VA may also disclose on its own initiative 
the names of veterans and their 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.
    VA must be able to disclose information within its possession on 
its own initiative that pertains to a violation of law to the 
appropriate authorities in order for them to investigate and enforce 
those laws. VA may disclose the names of veterans and their dependents 
only to Federal entities

[[Page 60234]]

with law enforcement responsibilities under 38 U.S.C. 5701(a) and (f). 
Accordingly, VA has so limited this routine use.
    7. VA may disclose information to the Federal Labor Relations 
Authority (FLRA), including its General Counsel, when requested in 
connection with the investigation and resolution of allegations of 
unfair labor practices, in connection with the resolution of exceptions 
to arbitrator awards when a question of material fact is raised, in 
connection with matters before the Federal Service Impasses Panel, and 
to investigate representation petitions and conduct or supervise 
representation elections.
    VA must be able to disclose information to FLRA to comply with the 
statutory mandate under which FLRA operates.
    8. VA may disclose information to officials of labor organizations 
recognized under 5 U.S.C. chapter 71 when relevant and necessary to 
their duties of exclusive representation concerning personnel policies, 
practices, and matters affecting working conditions.
    VA must be able to disclose information to officials of labor 
organizations to assist them in fulfilling their responsibilities in 
representing employees. This routine use is intended to provide no 
greater authority to release records to officials of labor unions than 
provided under 5 U.S.C. 7114(b)(4).
    9. VA may disclose information to offices of the Merit Systems 
Protection Board (MSPB), including the Office of the Special Counsel, 
when requested in connection with appeals, special studies of the civil 
service and other merit systems, review of rules and regulations, 
investigation of alleged or possible prohibited personnel practices, 
and such other functions, promulgated in 5 U.S.C. 1205 and 1206, or as 
may be authorized by law.
    VA must be able to disclose information to the MSPB to assist it in 
fulfilling its responsibilities regarding Federal employees.
    10. VA may disclose information to the Equal Employment Opportunity 
Commission (EEOC) 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.
    VA must be able to disclose information to the EEOC to assist it in 
fulfilling its responsibilities to protect employee rights.

III. Compatibility of the Proposed Routine Uses

    The Privacy Act permits VA to disclose information about 
individuals without their consent for a routine use when the 
information will be used for a purpose that is compatible with the 
purpose for which VA collected the information. In all of the routine 
use disclosures described above, the recipient of the information will 
use the information in connection with a matter relating to one of VA's 
programs or to provide a benefit to VA, or disclosure is required by 
law.
    A report of the new system of records has been submitted to the 
Senate Committee on Homeland Security and Government Affairs, the House 
Committee on Government Reform, and the Office of Management and Budget 
(OMB), pursuant to the Privacy Act, 5 U.S.C. 552a(r), as amended, and 
Appendix I to OMB Circular No. 1-130, ``Federal Agency Responsibilities 
for Maintaining Records about Individuals,'' as amended on 61 FR 1996 
(Feb. 20, 1996)

    Approved: September 26, 2006.
Gordon H. Mansfield,
Deputy Secretary of Veterans Affairs.
122VA005P3

SYSTEM NAME:
    Enterprise Project Management Tool.

SYSTEM LOCATION:
    Records will be maintained at the Hines Office of Information Field 
Office, Edward Hines, Jr. Hospital, Bldg. 37, Hines, IL 60141.

CATEGORIES OF INDIVIDUALS COVERED BY THE SYSTEM:
    Current and former VA employees, contractors, or subcontractors 
acting in the capacity of project managers and project team members on 
Information Technology (IT) projects.

CATEGORIES OF RECORDS IN THE SYSTEM:
    The records may include information related to: names and other 
identifying information, project work activities, hours of effort spent 
on project activities/tasks and on non-project activities, generic 
leave category or specific vacation and/or sick time, and salaries of 
project managers and team members.

AUTHORITY FOR MAINTENANCE OF THE SYSTEM:
    Title 38, United States Code, section 501.

PURPOSE (S):
    The records will be used to track, manage, and report on the 
development of IT systems within VA in order to make informed decisions 
and deliver projects on time through the capture and re-use of best 
practices.

ROUTINE USES OF RECORDS MAINTAINED IN THE SYSTEM, INCLUDING CATEGORIES 
OF USERS AND THE PURPOSES OF SUCH USES:
    1. VA may disclose information to a Congressional office from the 
record of an individual in response to an inquiry from the 
Congressional office made on behalf and at the written request of that 
individual.
    2. VA may disclose information to the National Archives and Records 
Administration in records management inspections conducted under 
authority of Title 44, United States Code.
    3. VA may disclose information to the Department of Justice (DOJ), 
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 or 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. 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.
    5. VA may disclose information to the Office of Management and 
Budget in order for them to perform their statutory responsibilities 
for evaluating Federal programs.
    6. VA may disclose on its own initiative any information in this 
system, except the names 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

[[Page 60235]]

charged with enforcing or implementing the statute, regulation, rule, 
or order. VA may also disclose on its own initiative the names of 
veterans and their 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.
    7. VA may disclose information to the Federal Labor Relations 
Authority (FLRA), including its General Counsel, when requested in 
connection with the investigation and resolution of allegations of 
unfair labor practices, in connection with the resolution of exceptions 
to arbitrator awards when a question of material fact is raised, in 
connection with matters before the Federal Service Impasses Panel, and 
to investigate representation petitions and conduct or supervise 
representation elections.
    8. VA may disclose information to officials of labor organizations 
recognized under 5 U.S.C. chapter 71 when relevant and necessary to 
their duties of exclusive representation concerning personnel policies, 
practices, and matters affecting working conditions.
    9. VA may disclose information to offices of the Merit Systems 
Protection Board, including the Office of the Special Counsel, when 
requested in connection with appeals, special studies of the civil 
service and other merit systems, review of rules and regulations, 
investigation of alleged or possible prohibited personnel practices, 
and such other functions, promulgated in 5 U.S.C. 1205 and 1206, or as 
may be authorized by law.
    10. VA may disclose information 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.

POLICIES AND PRACTICES FOR STORING, RETRIEVING, ACCESSING, RETAINING, 
AND DISPOSING OF RECORDS IN THE SYSTEM
STORAGE:
    Records are maintained on electronic storage media, such as disks, 
drives, or more specifically, the IT Project Office database.

RETRIEVABILITY:
    Records are retrieved by individual name or other unique identifier 
(not Social Security number).

SAFEGUARDS:
    1. Access to VA working and storage areas is restricted to VA 
personnel, including contractors or subcontractors, on a ``need-to-
know'' basis; strict control measures are enforced to ensure that 
disclosure to these individuals is also based on this same principle. 
Generally, VA file areas are locked after normal duty hours, and the 
facilities are protected from outside access by the Federal Protective 
Service or other security personnel.
    2. Physical access to the Hines Office of Information Field Office 
is restricted to Center personnel, custodial personnel, the Federal 
Protective Service or other security personnel, and authorized 
operational personnel through electronic locking devices. All other 
persons gaining access to computer rooms are escorted.
    3. Access to computer rooms is generally limited by appropriate 
locking devices and restricted to authorized VA personnel. IT 
peripheral devices are placed in secure areas that are locked, with 
limited access, or otherwise protected. Access to information stored on 
automated storage media at other VA locations is controlled by 
individually unique passwords/codes, which must be changed periodically 
by the user. Access by authorized VA employees at remote locations, 
including VA field offices and health care facilities, Information 
Systems Centers, and VA Central Office, who may access information 
stored in the computer, is controlled in the same manner.

RETENTION AND DISPOSAL:
    Records are disposed of in accordance with the National Archives 
and Records Administration (NARA) General Records Schedule (GRS) 14, 
which specifies that information service project case files in formally 
designated information offices be maintained for one year after close 
of file or completion of project.

SYSTEM MANAGER(S) AND ADDRESS:
    Official responsible for policies and procedures is: Director, 
Information Technology Program and Project Management Service, 810 
Vermont Avenue, NW., Washington, DC 20420-0001, (202) 565-8828.

NOTIFICATION PROCEDURE:
    Individuals seeking information on the existence and content of a 
record pertaining to them should contact the VA facility at which they 
are or were employed, or have or made contact. Inquiries should include 
the person's full name, project name, dates of work on the project, and 
return address.

RECORD ACCESS PROCEDURE:
    Individuals seeking information on access to and contesting of a 
record in this system may contact the VA facility where they are or 
were employed, or have or made contact. Inquiries should include the 
person's full name, project name, dates of the project, and return 
address.

CONTESTING RECORD PROCEDURE:
    (See Record Access Procedures above.)

RECORD SOURCE CATEGORIES:
    Information in this system of records is provided by VA employees, 
contractors, and subcontractors.

 [FR Doc. E6-16843 Filed 10-11-06; 8:45 am]
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