Privacy Act of 1974; System of Records, 56633-56636 [E8-22776]

Agencies

• DEPARTMENT OF VETERANS AFFAIRS

[Federal Register Volume 73, Number 189 (Monday, September 29, 2008)]
[Notices]
[Pages 56633-56636]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E8-22776]


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DEPARTMENT OF VETERANS AFFAIRS


Privacy Act of 1974; System of Records

AGENCY: Department of Veterans Affairs.

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 ``The Office of 
Inspector General Management Information System (MIS)--VA'' (71VA53) as 
set forth in the Federal Register at 47 FR 6513. VA is amending the 
system of records by revising the system location, revising the 
Categories of Records in the System, adding a Purposes section, adding 
Routine Uses of Records Maintained in the System, including Categories 
of Users and the Purposes of Such Uses, and updating Policies and 
Practices for Storing, Retrieving, Accessing, Retaining and Disposing 
of Records in the System. VA is republishing the system notice in its 
entirety.

DATES: Comments on the amendment of this system of records must be 
received no later than October 29, 2008. If no public comment is 
received, the amended system will become effective October 29, 2008.

ADDRESSES: Written comments concerning the proposed amended system of 
records may be submitted by: mail or hand-delivery to Director, 
Regulations Management (O2REG), Department of Veterans Affairs, 810 
Vermont Avenue, NW., Room 1068, Washington, DC 20420; fax to (202) 273-
9026; or e-mail to ``VAregulations@va.gov.'' All comments received will 
be available for public inspection in the Office of Regulation Policy 
and Management, Room 1063B, between the hours of 8 a.m. and 4:30 p.m., 
Monday through Friday (except holidays). Please call (202) 461-4902 for 
an appointment.

FOR FURTHER INFORMATION CONTACT: Timothy J. McGrath, Attorney Advisor, 
Department of Veterans Affairs, Office of Inspector General, 810 
Vermont Avenue, NW., Washington, DC 20420; or fax comments to (202) 
565-8667; or e-mail comments to timothy.mcgrath@va.gov.

SUPPLEMENTARY INFORMATION: This publication is in accordance with the 
Privacy Act requirement that agencies publish their amended system of 
records in the Federal Register when there is revision, change, or 
addition. The VA Office of Inspector General (OIG) has reviewed its 
systems of records notices and has determined that its record system, 
``The Office of Inspector General Management Information System (MIS)--
VA'' (71VA53) should be amended. The Categories of Records in the 
System is amended to include OIG employees' contact information to be 
used in the event of an emergency, and inclusion of OIG Hotline and 
health care inspections case tracking data as well as information on 
personnel suitability investigations of OIG employees.
    This system of records is also amended by adding a Purposes section 
that defines how the records on OIG employees may be used for various 
management and human resources objectives.
    The proposed amendments to this system of records add seven routine 
uses of records. The routine uses are as follows:
    Routine use number 1 allows for disclosure of information from the 
record of an individual in response to an inquiry from a congressional 
office on behalf of that individual.
    Routine use number 2 is added to reflect that disclosure may be 
made to the National Archives and Records Administration (NARA). NARA 
is responsible for archiving records no longer actively used but may be 
appropriate for preservation, and is responsible in general for the 
physical maintenance of the Federal government's records. VA must be 
able to turn records over to NARA in order to determine the proper 
disposition of such records.
    Routine use number 3 allows VA to disclose records to the U.S. 
Department of Justice. When VA is involved in litigation or an 
adjudicative or administrative process, or occasionally when another 
party is involved in litigation or an adjudicative or administrative 
process, and VA policies or operations could be affected by the outcome 
of the litigation or process, VA must be able to disclose that 
information to the court, adjudicative or administrative bodies, or 
parties involved. This routine use would not constitute authority to 
disclose records in response to a grand jury or other subpoena under 
Privacy Act subsection

[[Page 56634]]

(b) because of the Court's analysis in Doe v. DiGenova, 779 F.2d 74, 
78-84 (D.C. Cir. 1985) and Doe v. Stephens, 851 F.2d 1457, 1465-67 
(D.C. Cir. 1988).
    Routine use number 4 allows disclosure of information to a Federal, 
state, or local agency maintaining civil or criminal violation records 
or other pertinent information such as prior employment history, prior 
Federal employment background investigations, and/or personal or 
educational information relevant to the hiring, transfer, or retention 
of an employee, the letting of a contract, the granting of a security 
clearance, or the issuance of a grant or other benefit.
    Routine use number 5 allows VA on its own initiative to disclose 
information which is relevant to a suspected or reasonably imminent 
violation of law, whether civil, criminal, or regulatory in nature and 
whether arising by general or program statute or by regulation, to a 
Federal, state, local, tribal, or foreign agency charged with the 
responsibility of investigating or prosecuting such violation or 
charged with enforcing or implementing the statute, regulation, rule or 
order.
    Routine use number 6 allows information to be disclosed to the 
Equal Employment Opportunity Commission (EEOC) in connection with 
investigations of alleged or possible discrimination practices, 
examination of Federal affirmative employment programs, compliance with 
the Uniform Guidelines of Employee Selection Procedures, or other 
functions vested in the Commission by the President's Reorganization 
Plan No. 1 of 1978. This disclosure is necessary to allow the EEOC 
access to relevant information.
    Routine use number 7 allows information to be disclosed to 
officials of the Merit Systems Protection Board (MSPB), and the Office 
of Special Counsel (OSC), in connection with appeals, special studies 
of the civil service and other merit systems, reviews of rules and 
regulations, investigation of alleged or possible prohibited personnel 
practices, and such other functions, promulgated in Title 5, United 
States Code, Sections 1205 and 1206, or as may be authorized by law. 
This disclosure is necessary to allow the MSPB and OSC access to 
relevant information when properly requested.
    Routine use number 8 is a suggested routine use by the Office of 
Management and Budget (OMB) for all Privacy Act systems of records, in 
order to allow for the appropriate mitigation of a possible data 
breach.
    Routine use number 9 allows disclosure of information to 
individuals or entities with which VA has a contract, subcontract, or 
agreement to perform services. VA must be able to provide information 
to its contractors or subcontractors in order for them to perform the 
services of the contract or agreement.
    The Policies and Practices for Storing, Retrieving, Accessing, 
Retaining and Disposing of Records in the System is amended to reflect 
current technological practices and procedures, including storage of 
and safeguarding of data. This amended section also describes the 
current location of data stored on OIG computer equipment.
    The Report of Intent to Amend a System of Records Notice and an 
advance copy of the system notice have been sent to the appropriate 
congressional committees and to the Director of the Office of 
Management and Budget (OMB) as required by 5 U.S.C. 552a(r) (Privacy 
Act) and guidelines issued by OMB (65 FR 77677), December 12, 2000.

    Approved: September 15, 2008.
Gordon H. Mansfield,
Deputy Secretary of Veterans Affairs.
71VA53

SYSTEM NAME:
    The Office of Inspector General Management Information System (MIS) 
(71VA53).

SYSTEM LOCATION:
    Office of Inspector General (53C), Information Technology Division, 
Department of Veterans Affairs, 801 I Street, NW., Washington, DC 
20420.

CATEGORIES OF INDIVIDUALS COVERED BY THE SYSTEM:
    The following category of individuals will be covered by the 
system: All personnel assigned to Office of Inspector General (OIG).

CATEGORIES OF RECORDS IN THE SYSTEM:
    The Management Information System contains the following categories 
of records: Time and Attendance, Phone Directory, Awards, Training, 
Travel, and Personnel (which may include personnel suitability records 
and pre-employment inquiry records).
    Records (or information contained in records) may include: (1) 
Individual's name, address and telephone contact information; (2) 
social security number; (3) date of birth; (4) service computation 
date; (5) career status; (6) assigned station; (7) job series; (8) 
education; (9) grade; (10) type of case; (11) work assignments; (12) 
travel; (13) experience; (14) training; and (15) audit, hotline, health 
care inspections and investigation case tracking data (e.g., case 
number, budgeted and actual staff days, target and completion dates, 
findings and results).
    Personnel suitability records may contain investigative information 
about an individual's character, conduct and behavior in the community 
where he or she lives or lived; arrests and convictions for violations 
of law; reports of interviews with the subject and with present and 
former supervisors; co-workers, associates, neighbors, educators, etc., 
reports about the qualifications of an individual for a specific 
position and correspondence relating to adjudication matters; reports 
of inquiries with law enforcement agencies, employers, educational 
institutions attended, and credit reporting agencies; reports of action 
after Office of Personnel Management (OPM) or Federal Bureau of 
Investigation (FBI) full field investigations; and other information 
developed from the above.
    Pre-Employment Inquiry Records: These records may contain 
information relating to an applicant's qualifications for employment in 
terms of character, reputation, and fitness; including letters of 
reference, responses to pre-employment inquiries, qualifications and 
character information; reports of inquiries with law enforcement 
agencies, employers, educational institutions attended, and credit 
reporting agencies; and other information which may relate to the 
specific selection factors associated with the position sought.

AUTHORITY FOR MAINTENANCE OF THE SYSTEM:
    Title 5, United States Code, Appendix 3.

PURPOSE(S):
    The records and information about individual OIG employees are used 
for various management and human resources objectives. Case tracking 
data is used to measure employee productivity. Employee contact 
information is maintained to allow employees to be contacted in 
emergency situations. Training records are used to make certain the 
employees complete required training assignments and to maintain a 
record of each employee's training activities for career development 
and continuing professional education requirements.

ROUTINE USES OF RECORDS MAINTAINED IN THE SYSTEM, INCLUDING CATEGORIES 
OF USERS AND THE PURPOSES OF SUCH USES:
    1. Disclosure may be made to a congressional office from the record 
of an individual in response to an inquiry from the congressional 
office that is made at the request of that individual.

[[Page 56635]]

    2. Disclosure may be made to the National Archives and Records 
Administration (NARA) in records management activities and inspections 
conducted under authority of Title 44, United States Code.
    3. Disclosure may be made to the Department of Justice including 
United States Attorneys, or in a proceeding before a court, 
adjudicative body, or other administrative body when the litigation or 
adjudicative or administrative process is likely to affect VA, its 
employees, or any of its components, or when VA, its employees, or any 
of its components is a party to the litigation process, or has an 
interest in the litigation or process and the use of these records is 
deemed by VA to be relevant and necessary to the litigation or process, 
provided that the disclosure is compatible with the purpose for which 
the records were collected.
    4. Any information in this system, may be disclosed to a Federal, 
state, or local agency maintaining civil or criminal violation records 
or other pertinent information such as prior employment history, prior 
Federal employment background investigations, and/or personal or 
educational background in order for VA to obtain information relevant 
to the hiring, transfer, or retention of an employee, the letting of a 
contract, the granting of a security clearance, or the issuance of a 
grant or other benefit. The name and address of a veteran may be 
disclosed to a Federal agency under this routine use if this 
information has been requested by the Federal agency in order to 
respond to the VA inquiry.
    5. VA may disclose on its own initiative any information in this 
system, except the names and home addresses of veterans and their 
dependents, which is relevant to a suspected or reasonably imminent 
violation of law, whether civil, criminal, or regulatory in nature and 
whether arising by general or program statute or by regulation, rule or 
order issued pursuant thereto, to a Federal, state, local, tribal, or 
foreign agency charged with the responsibility of investigating or 
prosecuting such violation, or charged with enforcing or implementing 
the statute, regulation, rule or order. On its own initiative, VA may 
also disclose the names and addresses of veterans and dependents to a 
Federal or state agency charged with the responsibility of 
investigating or prosecuting civil, criminal, or regulatory violations 
of law, or charged with enforcing or implementing the statute, rule or 
order issued pursuant thereto.
    6. Information may be disclosed to the Equal Employment Opportunity 
Commission when requested in connection with investigations of alleged 
or possible discriminatory practices, examination of Federal 
affirmative employment programs, compliance with the Uniform Guidelines 
of Employee Selection Procedures, or other functions vested in the 
Commission by the President's Reorganization Plan No. 1 of 1978.
    7. Information may be disclosed to officials of the Merit Systems 
Protection Board, and the Office of Special Counsel, when properly 
requested in connection with appeals, special studies of the civil 
service and other merit systems, reviews of rules and regulations, 
investigation of alleged or possible prohibited personnel practices, 
and such other functions, promulgated in Title 5, United States Code, 
Sections 1205 and 1206, or as may be authorized by law.
    8. Disclosure of any information within this system may be made 
when it is suspected or confirmed that the security or confidentiality 
of information in the system of records has been compromised and VA has 
determined that as a result of the suspected or confirmed compromise 
there is a risk of harm to economic or property interest, identity 
theft or fraud, or harm to the security or integrity of this system or 
other systems or programs (whether maintained by VA or another agency 
or entity) that rely upon the compromised information; and the 
disclosure is made to such agencies, entities, and persons who are 
reasonably necessary to assist in connection with VA's efforts to 
respond to the suspected or confirmed compromise and prevent, minimize, 
or remedy such harm.
    9. VA may disclose information to individuals, organizations, 
private or public agencies, or other entities with which VA has a 
contract or agreement or where there is a subcontract to perform such 
services as VA may deem practicable for the purposes of laws 
administered by VA, in order for the contractor or subcontractor to 
perform the services of the contract or agreement.

POLICIES AND PRACTICES FOR STORING, RETRIEVING, ACCESSING, RETAINING, 
AND DISPOSING OF RECORDS IN THE SYSTEM:
    Records and information are stored electronically in the VA OIG's 
MCI (Master Case Index) databases and servers at the OIG's office at 
801 I Street, NW., Washington, DC, in the office of the Information 
Technology Division. Backup records are stored on magnetic disc, tape, 
and CD-ROM and may also be retained in hard copy format in secure file 
folders. Information can be retrieved based on computer searches of 
various data elements, including, but not limited to, MCI case numbers, 
transaction numbers, key words, and names of individual OIG employees. 
Electronic data is maintained indefinitely as described above. Policy 
for the disposal of records as well as a retention schedule is being 
developed by the OIG's Office of Management and Administration. 
Information on awards and travel is maintained so that OIG managers 
have readily available relevant information about their employees in 
these areas.

STORAGE:
    Records and information are stored electronically in databases and 
servers at VA OIG headquarters in Washington, DC. Backup records are 
stored on magnetic disc, tape, and CD-ROM and are also retained in hard 
copy format in secure file folders by the OIG component with 
responsibility for the specific category of records. All records about 
OIG personnel are maintained by the OIG's Human Resources Management 
Division.

RETRIEVABILITY:
    Records are retrieved by Social Security Number, case number, work 
assignment, or name.

SAFEGUARDS:
    Information in the system is protected from unauthorized access 
through administrative, physical, and technical safeguards. Categories 
of records are restricted to those with an official need to know the 
information. Only VA OIG supervisors, for example, can access the 
Awards data, and only for employees within their supervisory chain. 
Access to data is also limited by means of features such as ``read-only 
access,'' i.e., where the person with access can read but not enter or 
change the information in the system. Safeguards also include password 
protection features and cipher locks securing the physical area. Some 
information in the system is restricted to employees of the Human 
Resources Management Division.

RETENTION AND DISPOSAL:
    Records will be maintained and disposed of in accordance with a 
records disposition authority approved by the Archivist of the United 
States.

SYSTEM MANAGER(S) AND ADDRESS:
    Mailing address: Director, Information Technology Division (53C), 
Department of Veterans Affairs, Office of Inspector General, 810 
Vermont Avenue, NW., Washington, DC 20420. Physical

[[Page 56636]]

address: Director, Information Technology Division (53C), Department of 
Veterans Affairs, Office of Inspector General, 801 I Street, NW., 
Washington, DC 20420.

NOTIFICATION PROCEDURE:
    An individual who wishes to determine whether a record is being 
maintained under his or her name in this system must furnish a written 
request or apply in person to the Assistant Inspector General for 
Management and Administration (53), Department of Veteran Affairs, 
Office of Inspector General, 810 Vermont Avenue, NW., Washington, DC 
20420.

RECORD ACCESS PROCEDURES:
    An individual who seeks access to, wishes to determine the contents 
of such records, or wishes to contest records maintained under his or 
her name in this system, must submit a written request to the Assistant 
Inspector General for Management and Administration (53), Department of 
Veterans Affairs, Office of Inspector General, 810 Vermont Ave., NW., 
Washington, DC 20420.

CONTESTING RECORD PROCEDURES:
    (See records access procedures above).

RECORD SOURCE CATEGORIES:
    Individual employees, supervisors, official personnel folder, other 
personnel documents, individual applications, and forms.

[FR Doc. E8-22776 Filed 9-26-08; 8:45 am]
BILLING CODE 8320-01-P