Privacy Act of 1974; System of Records, 35872-35876 [2017-16083]

Agencies

• DEPARTMENT OF VETERANS AFFAIRS

[Federal Register Volume 82, Number 146 (Tuesday, August 1, 2017)]
[Notices]
[Pages 35872-35876]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2017-16083]


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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--Department of 
Veterans Affairs Federal Docket Management System Commenter Information 
(VAFDMS--Commenter Info)--(140VA00REG).

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SUMMARY: Pursuant to the provisions of the Privacy Act, notice is 
hereby given that the Department of Veterans Affairs (VA) is amending 
the system of records currently entitled, ``Department of Veterans 
Affairs Federal Docket Management System (VAFDMS--Commenter Info)--
(140VA02REG)'' as set forth in the Federal Register on March 3, 2015. 
VA is amending the system name, clarifying storage location, and 
updating the address for notification and record access procedures. 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 August 31, 2017. If no public comment is 
received, the new system will become effective August 31, 2017.

ADDRESSES: Written comments concerning the modified system of records 
may be submitted through www.Regulations.gov; by mail or hand-delivery 
to the Director, Regulations Management (00REG), Department of Veterans 
Affairs, 810 Vermont Avenue NW., Room 1068, Washington, DC 20420; or by 
fax to (202) 273-9026. (This is not a toll-free telephone number.) 
Comments should indicate that they are submitted in response to the 
amendment of ``Department of Veterans Affairs Federal Docket Management 
System (VAFDMS)--(140VA00REG).'' Copies of 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. (This is not a toll-free

[[Page 35873]]

telephone number.) In addition, comments may be viewed online at 
www.Regulations.gov.

FOR FURTHER INFORMATION CONTACT: Jeffrey M. Martin, Privacy Officer, 
Office of Regulation Policy and Management (00REG), Office of the 
General Counsel, Department of Veterans Affairs, 810 Vermont Avenue 
NW., Washington, DC 20420, (202) 461-4902.

SUPPLEMENTARY INFORMATION: A Notice of Establishment of New System of 
Records was published in the Federal Register on February 9, 2007 (72 
FR 6315), and amended on March 25, 2008 (73 FR 15856) and further 
amended on March 3, 2015 (80 FR 11525).

I. Description of the System of Records

    The Department of Veterans Affairs Federal Docket Management System 
(VAFDMS) serves as a central, electronic repository for VA rulemaking 
and non-rulemaking dockets including Federal Register rules, notices, 
supporting materials such as scientific and economic analyses, and 
public comments. The portion of VAFDMS information that comes under the 
Privacy Act is personal identifying information (name and contact 
address/email address). This information permits VA to identify 
individuals who have submitted comments in response to VA rulemaking 
documents or notices so that communications or other actions, as 
appropriate and necessary, can be effected, such as clarification of 
the comment, direct response to a comment, and other activities 
associated with the rulemaking or notice process. Identification is 
possible only if the individual voluntarily provides identifying 
information when submitting a comment. If such information is not 
furnished, the submitted comments and/or supporting documentation 
cannot be linked to an individual.
    00REG's Management will review each incoming public submission and 
determine whether it is a public comment under the Administrative 
Procedure Act (APA) or a non-comment (which may include comments 
relating only to personal issues outside the scope of the rulemaking, 
comments from VA employees in accordance with the guidance below, and 
comments that were received by VA after the due date stated in the 
proposed rule (late comments).
    The Office of Regulation Policy and Management's longstanding 
policy provides in part that it will not consider comments from VA 
employees as public comments unless they were submitted on their off-
duty time in a private (vs employment) capacity. Thus, comments that 
include a VA email and/or mailing address as part of the contact 
information are not treated as public comments. In addition, comments 
that indicate that they are made in a VA employee's official capacity 
are not treated as public comments. Even though these comments will not 
be treated as public comments, they will be provided to the VA program 
office for consideration.
    On the other hand, a comment from a VA employee that does not 
purport to be a comment given in an official VA capacity or to provide 
an official VA view, and that does not give a VA email or mailing 
address as part of the contact information, will be treated as a public 
comment, although it provides factual information relating to the 
commenter's VA employment.
    VAFDMS permits members of the public to search posted public 
comments received by name of the individual submitting the comment on 
the www.Regulations.gov Web site. All the contents of posted comments 
are searchable. Unless the individual submits the comment anonymously, 
a name search will result in the comment being displayed for view. If 
the comment is submitted electronically using www.Regulations.gov, the 
viewed comment will not include the name of the submitter or any other 
identifying information about the individual except the information 
that the submitter has opted to include as part of his or her general 
comment. If a comment is submitted in writing, the information scanned 
and uploaded into VAFDMS will contain the submitter's name, unless the 
individual submits the comment anonymously. All comments received will 
become a matter of public record and will be posted without change to 
www.regulations.gov including any personal information provided. 
Comments submitted on behalf of organizations in writing that have to 
be scanned and uploaded into VAFDMS will not be redacted.

II. Amendments to System Name

    VA is renaming the system of records to reflect the categories of 
individuals on whom information is maintained. Thus ``Department of 
Veterans Affairs Federal Docket Management System (VAFDMS)--
(140VA02REG)'' is renamed as, ``Department of Veterans Affairs Federal 
Docket Management System Commenter Information (VAFDMS--Commenter 
Info)--(140VA00REG)''.

III. Amendment to Storage

    VA is providing greater detail as to where records are stored.

IV. Update to the Address for Notification and Record Access Procedures

    VA is correcting the mailbox for the office in the address for 
notification and record access procedures from 02REG to 00REG.
    The notice of intent to publish an advance copy of the system 
notice has 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), as amended, and guidelines issued by 
OMB published at 65 FR 77677 on December 12, 2000.

Signing Authority

    The Secretary of Veterans Affairs, or designee, approved this 
document and authorized the undersigned to sign and submit the document 
to the Office of the Federal Register for publication electronically as 
an official document of the Department of Veterans Affairs. Gina S. 
Farrisee, Deputy Chief of Staff, Department of Veterans Affairs, 
approved this document on June 23, 2017 for publication.

    Dated: July 26, 2017.
Kathleen M. Manwell,
Program Analyst, VA Privacy Service, Office of Privacy Information and 
Identity Protection, Department of Veterans Affairs.
140VA00REG

SYSTEM NAME:
    Department of Veterans Affairs Federal Docket Management System 
Commenter Information (VAFDMS--Commenter Info).

SECURITY CLASSIFICATION:
    Unclassified.

SYSTEM LOCATION:
    Primary location: Electronic records are kept at the U.S. 
Environmental Protection Agency, Research Triangle Park, NC 27711-0001. 
Secondary location: Duplicate electronic records are kept at Department 
of Veterans Affairs, 810 Vermont Avenue NW., Washington, DC 20420.

SYSTEM MANAGER(S) AND ADDRESSES:
    Jeffrey M. Martin, Privacy Officer, Office of Regulation Policy and 
Management (00REG), Department of Veterans Affairs, 810 Vermont Ave. 
NW., Washington, DC 20420; telephone (202) 461-4902.

[[Page 35874]]

AUTHORITY FOR MAINTENANCE OF THE SYSTEM:
    44 U.S.C. 3501, Note; Sec. 206(d), Public Law 107-347; 5 U.S.C. 
301, 552, 552a, and 553.

PURPOSE:
    To permit the Department of Veterans Affairs (VA) to identify 
individuals who have submitted comments in response to VA rulemaking 
documents or notices, so that communications or other actions, as 
appropriate and necessary, can be effected, such as to seek 
clarification of the comment, to directly respond to a comment, and for 
other activities associated with the rulemaking or notice process.

CATEGORIES OF INDIVIDUALS COVERED BY THE SYSTEM:
    Individuals who voluntarily provide personal contact information 
when submitting a public comment and/or supporting materials in 
response to a Department of Veterans Affairs rulemaking document or 
notice.

CATEGORIES OF RECORDS IN THE SYSTEM:
    Full name, postal address, email address, phone and fax numbers of 
the individual submitting comments, the name of the organization or 
individual that the individual represents (if any), and the comments, 
as well as other supporting documentation, furnished by the individual. 
Comments may include personal information about the commenter.

RECORD SOURCE CATEGORIES:
    Individuals; public or private organizations.

ROUTINE USES OF RECORDS MAINTAINED IN THE SYSTEM, INCLUDING CATEGORIES 
OF USERS AND THE PUROSES OF SUCH USES:
    1. Congress: VA may disclose information from the record of an 
individual in response to an inquiry from the congressional office made 
at the request of that individual.
    VA must be able to provide information about individuals to 
adequately respond to inquiries from Members of Congress at the request 
of constituents who have sought their assistance.
    2. Data breach response and remedial efforts: VA may, on its own 
initiative, disclose information from this system to appropriate 
agencies, entities, and persons when (1) VA suspects or has confirmed 
that the integrity or confidentiality of information in the system of 
records has been compromised; (2) the Department has determined that as 
a result of the suspected or confirmed compromise there is a risk of 
embarrassment or harm to the reputations of the record subjects, harm 
to economic or property interests, identity theft or fraud, or harm to 
the security, confidentiality, or integrity of this system or other 
systems or programs (whether maintained by the Department or another 
agency or entity) that rely upon the potentially compromised 
information; and (3) the disclosure is to agencies, entities, or 
persons whom VA determines are reasonably necessary to assist or carry 
out the Department's efforts to respond to the suspected or confirmed 
compromise and prevent, minimize, or remedy such harm. This routine use 
permits disclosures by the Department to respond to a suspected or 
confirmed data breach, including the conduct of any risk analysis or 
provision of credit protection services as provided in 38 U.S.C. 5724.
    a. Effective Response. A federal agency's ability to respond 
quickly and effectively in the event of a breach of federal data is 
critical to its efforts to prevent or minimize any consequent harm. An 
effective response necessitates disclosure of information regarding the 
breach to those individuals affected by it, as well as to persons and 
entities in a position to cooperate, either by assisting in 
notification to affected individuals or playing a role in preventing or 
minimizing harms from the breach.
    b. Disclosure of Information. Often, the information to be 
disclosed to such persons and entities is maintained by federal 
agencies and is subject to the Privacy Act (5 U.S.C. 552a). The Privacy 
Act prohibits the disclosure of any record in a system of records by 
any means of communication to any person or agency absent the written 
consent of the subject individual, unless the disclosure falls within 
one of twelve statutory exceptions. In order to ensure an agency is in 
the best position to respond in a timely and effective manner, in 
accordance with 5 U.S.C. 552a(b)(3) of the Privacy Act, agencies should 
publish a routine use for appropriate systems specifically applying to 
the disclosure of information in connection with response and remedial 
efforts in the event of a data breach.
    3. Data breach response and remedial efforts with another Federal 
agency VA may, on its own initiative, disclose information from this 
system to another Federal agency or Federal entity, when VA determines 
that information from this system of records is reasonably necessary to 
assist the recipient agency or entity in (1) responding to a suspected 
or confirmed breach or (2) preventing, minimizing, or remedying the 
risk of harm to individuals, the recipient agency or entity (including 
its information systems, programs, and operations), the Federal 
Government, or national security, resulting from a suspected or 
confirmed breach.
    4. Law Enforcement: VA may, on its own initiative, disclose 
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 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 provide on its own initiative information that 
pertains to a violation of laws to law enforcement authorities in order 
for them to investigate and enforce those laws. Under 38 U.S.C. 5701(a) 
and (f), VA may disclose the names and addresses of veterans and their 
dependents to Federal entities with law enforcement responsibilities. 
This is distinct from the authority to disclose records in response to 
a qualifying request from a law enforcement entity, as authorized by 
Privacy Act subsection 5 U.S.C. 552a(b)(7).
    5. Litigation: VA may disclose information from this system of 
records to the Department of Justice (DoJ), either on VA's initiative 
or in response to DoJ's request for the information, after either VA or 
DoJ determines that such information is relevant to DoJ's 
representation of the United States or any of its components in legal 
proceedings before a court or adjudicative body, provided that, in each 
case, the agency also determines prior to disclosure that release of 
the records to the DoJ is a use of the information contained in the 
records that is compatible with the purpose for which VA collected the 
records. VA, on its own initiative, may disclose records in this system 
of records in legal proceedings before a court or administrative body 
after determining that the disclosure of the records to the court or 
administrative body is a use of the information contained in the 
records

[[Page 35875]]

that is compatible with the purpose for which VA collected the records.
    To determine whether to disclose records under this routine use, VA 
will comply with the guidance promulgated by the Office of Management 
and Budget in a May 24, 1985, memorandum entitled ``Privacy Act 
Guidance--Update,'' currently posted at https://www.whitehouse.gov/omb/inforeg/guidance1985.pdf.
    VA must be able to provide information to DoJ in litigation where 
the United States or any of its components is involved or has an 
interest. A determination would be made in each instance that under the 
circumstances involved, the purpose is compatible with the purpose for 
which VA collected the information. This routine use is distinct from 
the authority to disclose records in response to a court order under 
subsection (b)(11) of the Privacy Act, 5 U.S.C. 552(b)(11), or any 
other provision of subsection (b), in accordance with the court's 
analysis in Doe v. DiGenova, 779 F.2d 74, 78-85 (D.C. Cir. 1985) and 
Doe v. Stephens, 851 F.2d 1457, 1465-67 (D.C. Cir. 1988).
    6. Contractors: VA may disclose information from this system of 
records to individuals, organizations, private or public agencies, or 
other entities or individuals with whom VA has a contract or agreement 
to perform such services as VA may deem practicable for the purposes of 
laws administered by VA, in order for the contractor, subcontractor, 
public or private agency, or other entity or individual with whom VA 
has a contract or agreement to perform services under the contract or 
agreement.
    This routine use includes disclosures by an individual or entity 
performing services for VA to any secondary entity or individual to 
perform an activity that is necessary for individuals, organizations, 
private or public agencies, or other entities or individuals with whom 
VA has a contract or agreement to provide the service to VA.
    This routine use, which also applies to agreements that do not 
qualify as contracts defined by Federal procurement laws and 
regulations, is consistent with OMB guidance in OMB Circular A-130, 
App. I, paragraph 5a(1)(b) that agencies promulgate routine uses to 
address disclosure of Privacy Act-protected information to contractors 
in order to perform the services contracts for the agency.
    7. Equal Employment Opportunity Commission (EEOC): VA may disclose 
information from this system to the EEOC when requested in connection 
with investigations of alleged or possible discriminatory practices, 
examination of Federal affirmative employment programs, or other 
functions of the Commission as authorized by law or regulation.
    VA must be able to provide information to EEOC to assist it in 
fulfilling its duties to protect employees' rights, as required by 
statute and regulation.
    8. Federal Labor Relations Authority (FLRA): VA may disclose 
information from this system to the FLRA, including its General 
Counsel, information related to the establishment of jurisdiction, 
investigation, and resolution of allegations of unfair labor practices, 
or in connection with the resolution of exceptions to arbitration 
awards when a question of material fact is raised; for it to address 
matters properly before the Federal Services Impasses Panel, 
investigate representation petitions, and conduct or supervise 
representation elections.
    VA must be able to provide information to FLRA to comply with the 
statutory mandate under which it operates.
    9. Merit Systems Protection Board (MSPB): VA may disclose 
information from this system to the MSPB, or 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 authorized by law.
    VA must be able to provide information to MSPB to assist it in 
fulfilling its duties as required by statute and regulation.
    10. National Archives and Records Administration (NARA) and General 
Services Administration (GSA): VA may disclose information from this 
system to NARA and GSA in records management inspections conducted 
under title 44, U.S.C.
    NARA is responsible for archiving old records which are no longer 
actively used but may be appropriate for preservation, and for the 
physical maintenance of the Federal government's records. VA must be 
able to provide the records to NARA in order to determine the proper 
disposition of such records.

POLICIES AND PRACTICES FOR STORAGE OF RECORDS:
    Records are maintained electronically. See System Location.

POLICIES AND PRACTICES FOR RETRIEVAL OF RECORDS:
    Records are retrieved by various data elements and key word 
searches, among which are by: Name, Agency, Docket Type, Docket Sub-
Type, Agency Docket ID, Docket Title, Docket Category, Document Type, 
CFR Part, Date Comment Received, and Federal Register Published Date.

POLICIES AND PRACTICES FOR RETENTION AND DISPOSAL OF RECORDS:
    Records will be maintained and disposed of, in accordance with 
records disposition authority, approved by the Archivist of the United 
States.

PHYSICAL, PROCEDURAL, AND ADMINISTRATIVE SAFEGUARDS:
    Electronic records are maintained in a secure, password protected, 
electronic system that utilizes security hardware and software to 
include: multiple firewalls, active intruder detection, and role-based 
access controls. Access to electronic records is limited to those 
officials who require the records to perform their official duties 
consistent with the purpose for which the information was collected. 
All personnel whose official duties require access to the information 
are trained in the proper safeguarding and use of the information.

RECORD ACCESS PROCEDURES:
    Individuals seeking to access or contest the contents of records, 
about themselves, contained in this System of Records should address a 
written request, including full name, address and telephone number to 
the Office of Regulation Policy and Management (00REG), Department of 
Veterans Affairs, 810 Vermont Ave. NW., Washington, DC 20420.

CONTESTING RECORD PROCEDURE:
    See Record Access Procedure above.

NOTIFICATION PROCEDURES:
    Individuals seeking to determine whether this System of Records 
contains information about them should address written inquiries to the 
Office of Regulation Policy and Management (00REG), Department of 
Veterans Affairs, 810 Vermont Ave. NW., Washington, DC 20420. Requests 
should contain the full name, address and telephone number of the 
individual making the inquiry.

EXEMPTIONS PROMULGATED FOR THE SYSTEM:
    There are no exemptions being claimed for this system.

HISTORY:
    A Notice of Establishment of New System of Records was published in 
the Federal Register on February 9, 2007 (72 FR 6315), and amended on 
March 25, 2008 (73 FR 15856) and further

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amended on March 3, 2015 (80 FR 11525).
[FR Doc. 2017-16083 Filed 7-31-17; 8:45 am]
 BILLING CODE 8320-01-P