Privacy Act of 1974; System of Records, 16141-16145 [2019-07647]
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6. 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.
7. 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.
8. 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.
9. 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.
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POLICIES AND PRACTICES FOR STORAGE OF
RECORDS:
Records and information are stored
electronically in the VA OIG’s new
Enterprise Management System (EMS)
and legacy Master Case Index (MCI)
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 or
EMS 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.
POLICIES AND PRACTICES FOR RETRIEVAL OF
RECORDS:
Records are retrieved by Social
Security Number, case number, work
assignment, or name.
ADMINISTRATIVE, TECHNICAL, AND PHYSICAL
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.
RECORD ACCESS PROCEDURES:
An individual who seeks access to or
wishes to contest records maintained
under his or her name in this system
must submit a written request to the
Chief, Information Release Office (50CI).
However, a majority of records in this
system are exempt from the records
access and contesting requirements
under 5 U.S.C. 552a (j) and (k). To the
extent that records in this system of
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16141
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 records access procedures
above.)
NOTIFICATION PROCEDURES:
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 to the Chief, Information Release
Office (50CI), Department of Veteran
Affairs, Office of Inspector General, 810
Vermont Avenue NW, Washington, DC
20420.
HISTORY:
[See the last full Federal Register
notice, 73 FR 56633, Sep. 29, 2008].
[FR Doc. 2019–07648 Filed 4–16–19; 8:45 am]
BILLING CODE P
DEPARTMENT OF VETERANS
AFFAIRS
Privacy Act of 1974; System of
Records
Office of Inspector General
(OIG), Department of Veterans Affairs
(VA).
ACTION: Notice of modified system of
records.
AGENCY:
As required by the Privacy
Act of 1974, notice is hereby given that
the Department of Veterans Affairs (VA)
is amending the system of records
known as ‘‘Criminal Investigations’’
(11VA51) by amending the Routine Uses
and the Policies and Practices for
Storing, Retrieving, Accessing,
Retaining, and Disposing of Records
within the System. VA is republishing
the system notice in its entirety.
DATES: Comments on this modified
system of records must be received no
later than 30 days after date of
publication in the Federal Register. If
no public comment is received during
the period allowed for comment or
unless otherwise published in the
Federal Register by VA, the modified
system of records will become effective
a minimum of 30 days after date of
publication in the Federal Register. If
VA receives public comments, VA shall
review the comments to determine
whether any changes to the notice are
necessary.
SUMMARY:
Written comments may be
submitted through
ADDRESSES:
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Federal Register / Vol. 84, No. 74 / Wednesday, April 17, 2019 / Notices
www.Regulations.gov; by mail or handdelivery to Director, Regulation Policy
and Management (00REG), Department
of Veterans Affairs, 810 Vermont Ave.
NW, Room 1064, Washington, DC
20420; or by fax to (202) 273–9026 (not
a toll-free number). Comments should
indicate that they are submitted in
response to Inspector General Hotline
(Complaint Center) Records (66VA53).
Copies of comments received will be
available for public inspection in the
Office of Regulation Policy and
Management, Room 1063B, between the
hours of 8:00 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
number.) In addition, comments may be
viewed online at www.Regulations.gov.
FOR FURTHER INFORMATION CONTACT:
Christopher Connor, Chief, Information
Release Office (50CI), Office of Inspector
General, Department of Veterans Affairs,
810 Vermont Avenue NW, Washington,
DC 20420, 202–461–4269; or fax
comments to (202) 495–5859. Amy L.
Rose, VA Privacy Service, Office of
Information Security (OIS), Office of
Information and Technology (OIT),
Department of Veterans Affairs, 810
Vermont Avenue NW, Washington, DC
20420, (202) 632–7497.
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 system of records
notices and has determined its record
system, ‘‘Criminal Investigations’’
(11VA51), should be amended to reflect
evolving technology and procedures, to
conform to current practice, and to
reflect current authorities. The Routine
Uses are amended to conform to
changes recommended by OMB. The
storage practices section will now
reflect that data is stored in VA OIG’s
new Enterprise Management System
(EMS) database in addition to the legacy
Master Case Index (MCI) database.
The Senior Agency Official for
Privacy, 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. André Horton,
Deputy Chief Information Security
Officer, Department of Veterans Affairs
approved this document on January 8,
2019 for publication.
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SUPPLEMENTARY INFORMATION:
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Dated: April 12, 2019.
Amy L. Rose,
Program Analyst, VA Privacy Service,
Department of Veterans Affairs.
11VA51
CATEGORIES OF RECORDS IN THE SYSTEM:
SYSTEM NAME:
Criminal Investigations (11VA51).
SECURITY CLASSIFICATION:
None.
SYSTEM LOCATION:
Department of Veterans Affairs (VA),
Office of Inspector General (OIG), Office
of Assistant Inspector General for
Management and Administration (53),
810 Vermont Avenue NW, Washington,
DC 20420.
SYSTEM MANAGER(S):
Assistant Inspector General for
Management and Administration (53),
Department of Veterans Affairs, Office
of Inspector General, 810 Vermont
Avenue NW, Washington, DC 20420,
(202) 461–4760,
VAOIG.ChiefInformationOfficer@va.gov.
AUTHORITY FOR MAINTENANCE OF THE SYSTEM:
Inspector General Act of 1978, Public
Law (P.L.) 95–452, 5 U.S.C. App., as
amended through P.L. 115–254 (IG Act).
PURPOSE(S) OF THE SYSTEM:
The purpose of this system of records
is to compile evidence to prove or
disprove criminal conduct, identify
individual criminal offenders and
alleged offenders, and identify
witnesses and documents relevant to the
investigation of the allegations. The
records and information in the system
are used in federal and state grand jury
proceedings, pre-trial negotiations, plea
agreements, pre-trial diversions, court
hearings and trials. The records and
information in the system may also be
used in administrative proceedings
when administrative action is taken
against the subject of the investigation.
VA OIG is modifying the system of
records to give notice of changes to the
system location and system manager,
and to reflect amendments to the
authority under which the system of
records is maintained.
CATEGORIES OF INDIVIDUALS COVERED BY THE
SYSTEM:
The following categories of
individuals will be covered by the
system: (1) Employees, (2) veterans and
other VA beneficiaries, and (3) private
citizens, such as contractors, who
conduct official business with the VA,
or private citizens whose actions affect
or relate to the programs and operations
of VA. The individuals who are or have
been the subjects of investigations are
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those alleged to have violated criminal
laws, either federal or state, either in the
performance of their official duties or
related to the programs and operations
of VA.
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Records and information in this
system include reports of criminal
investigations of the VA OIG, Office of
Investigations. These reports may
include (1) a narrative summary or
synopsis, (2) allegations of specific
wrongdoing or crimes committed, (3)
progress reports, (4) exhibits or
attachments to the reports, (5) internal
documentation and memoranda, and (6)
affidavits or sworn statements. The
name of the subject of an investigation,
his or her title, his or her date of birth,
his or her social security number, his or
her home address, the station at which
an investigation took place, the OIG’s
case number, the time period the
investigation took place, and the
outcome of the case are maintained in
an electronic database and in hard copy
files.
RECORD SOURCE CATEGORIES:
Information is obtained from VA
employees, third parties (e.g., a veteran,
VA beneficiary, VA contractor, or
private party), the Government
Accountability Office, VA records,
congressional, federal, state, and local
offices or agencies.
ROUTINE USES OF RECORDS MAINTAINED IN THE
SYSTEM, INCLUDING CATEGORIES OF USERS AND
THE PURPOSES OF SUCH USES:
1. Congress: VA may disclose
information from the record of an
individual in response to an inquiry
from a 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
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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.
c. 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
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national security, resulting from a
suspected or confirmed breach.
3. Law Enforcement: VA may, on its
own initiative, disclose information in
this system 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 to enable authorities 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).
4. 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
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
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16143
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
(DC Cir. 1985) and Doe v. Stephens, 851
F.2d 1457, 1465–67 (DC Cir. 1988).
5. 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 to enable them to perform
the services and contracts for the
agency.
6. 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.
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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.
7. 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.
8. 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.
9. 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.
10. The agency may disclose any
information in this system, except the
name and address of a veteran, 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
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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 to
respond to the VA inquiry.
11. To assist attorneys in representing
their clients, the agency may disclose
any information in this system to
attorneys representing subjects of
investigations, including veterans,
federal government employees, retirees,
volunteers, contractors, subcontractors,
or private citizens, except where VA has
decided release is inappropriate under
Title 5, United States Code, Section
552a(j) and (k).
12. Any information in this system of
records may be disclosed, in the course
of presenting evidence to a court,
magistrate, administrative tribunal, or
grand jury, including disclosures to
opposing counsel in the course of such
proceedings or in settlement
negotiations.
13. The agency may disclose any
information in this system to any source
or person, either private or
governmental, to the extent necessary to
secure from such source or person
information relevant to, and sought in
furtherance of, an investigation, review,
or inspection.
14. The agency may disclose any
information in this system, except the
name and address of a veteran, to
federal, state, or local professional,
regulatory, or disciplinary organizations
or associations, including but not
limited to bar associations, state
licensing boards, and similar
professional entities, for use in
disciplinary proceedings and inquiries
preparatory thereto, where VA
determines that there is good cause to
question the legality or ethical propriety
of the conduct of a person employed by
VA or a person representing a person in
a matter before VA. 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 to enable it to
respond to the VA inquiry.
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 new EMS
(Enterprise Management System) or
legacy MCI (Master Case Index)
databases and servers at the VA OIG’s
office at 801 I Street NW, Washington,
DC 20420, in the office of the VA OIG’s
Information Technology Division.
Backup records are stored on magnetic
disc, tape and CD–ROM and may also be
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retained in hard copy format in secure
file folders. The VA OIG Office of
Investigations, Hotline Division is
responsible for electronically inputting
records and information received from
complainants, referrals and
correspondence related to the initiation
of a case, and final reports. Information
inputted electronically includes all
correspondence to and from
complainants, correspondence
(including email messages) to and
among VA OIG organizational elements
about complaints, and correspondence
to and from any VA component to
which a case was referred. Complaints
and information about VA employees,
including all investigative reports and
work papers, are maintained in
electronic files with restricted access
limited to those with a need to know for
their the official duties, including
personnel in the VA OIG Office of
Investigations, VA OIG Human
Resources Management Division, VA
OIG attorneys, and VA OIG management
officials responsible for supervising any
VA OIG employee who is the subject of
an internal investigation. Hard copies of
records and information are discussed
in the storage section below.
STORAGE:
Hard copies of documents and
information are maintained by the OIG
organization that conducts the review,
inspection, or investigation. For
example, the Administrative
Investigations Division, at VA OIG
headquarters, maintains hard copies of
an investigative file which contains a
case referral from Hotline, the final
report, all documentation supporting
the final report, draft reports,
correspondence, and all information
collected as part of the investigation.
Similarly, the VA OIG Office of
Healthcare Inspections (OHI) maintains
hard copies of its investigations (final
reports and supporting documentation).
Other records and information (i.e.,
work papers) about investigations
related to individuals compiled by OHI
are maintained in the OHI field office
that conducted the investigation. Any
internal VA OIG investigations on VA
OIG employees, conducted prior to the
implementation of electronic files, are
maintained in hard copy only and are
secured in the Office of Investigations,
Analysis and Oversight Division (51X).
Access to those files is highly restricted.
RETRIEVABILITY:
Information and records are retrieved
by EMS or MCI case number and the
name of the subject of the investigation.
Scanned documents, reports and other
uploaded information that are made part
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of the electronic file cannot be searched
or retrieved from the EMS or MCI
databases as part of a general search.
SAFEGUARDS:
Information in the system is protected
from unauthorized access through
administrative, physical, and technical
safeguards. Access to the hard copy and
computerized information is restricted
to authorized OIG personnel on a needto-know basis. Hard copy records are
maintained in offices that are restricted
during work hours or are locked after
duty hours. The headquarters building
is protected by security guards and
access is restricted during non-duty
hours. Access to the computerized
information is limited to VA OIG
employees by means of passwords and
authorized user identification codes.
Computer system documentation is
maintained in a secure environment in
the Office of Inspector General, VA
Central Office.
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:
Assistant Inspector General for
Management and Administration (53),
Department of Veterans Affairs, Office
of Inspector General, 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 to the
Assistant Inspector General for
Management and Administration (53).
However, a majority of records in this
system are exempt from the notification
requirements 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
notification. A determination as to
whether an exemption applies shall be
made at the time a request for
notification is received.
amozie on DSK9F9SC42PROD with NOTICES
RECORD ACCESS PROCEDURES:
An individual who seeks access to or
wishes to contest records maintained
under his or her name in this system
must submit a written request to the
Chief, Information Release Office (50CI).
However, a majority of records in this
system are exempt from the records
access and contesting requirements
under 5 U.S.C. 552a (j) and (k). To the
VerDate Sep<11>2014
18:23 Apr 16, 2019
Jkt 247001
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 records access procedures
above.)
RECORD SOURCE CATEGORIES:
Information is obtained from VA
employees, third parties (e.g., a veteran,
VA beneficiary, VA contractor, or
private party), the Government
Accountability Office, Department of
Veterans Affairs records, congressional,
federal, state, and local offices or
agencies.
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 (IG Act), as amended,
mandates that the Inspector General
recommend policies for and to conduct,
supervise, and coordinate activities in
the Department of Veterans Affairs and
between VA and other Federal, State
and local governmental agencies with
respect to: (1) The prevention and
detection of fraud in programs and
operations administered or financed by
VA and (2) the identification and
prosecution of participants in such
fraud. Under the IG 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 Assistant
Inspector General for Investigations.
These activities constitute a principal
function of the Inspector General’s
Hotline/Complaint Center staff. In
addition to principal functions
pertaining to the enforcement of
criminal laws, the Inspector General
may receive and investigate complaints
and allegations from various sources
concerning the possible existence of
activities constituting non-criminal
violations of law, rules or regulations;
mismanagement; gross waste of funds;
abuses of authority or substantial and
PO 00000
Frm 00152
Fmt 4703
Sfmt 4703
16145
specific danger to the public health and
safety. This system of records also exists
to support inquiries by the Assistant
Inspectors General for Auditing, for
Management and Administration, for
Administrative Investigations, and for
Healthcare Inspections into noncriminal matters. Based upon the
foregoing, the Secretary of Veterans
Affairs 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), and (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 Secretary of Veterans Affairs has
also 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, e.g., to prevent
subjects of investigations from
frustrating the investigatory process by
discovering the scope and progress of an
investigation, 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.
HISTORY:
[See the last full Federal Register
notice, 73 FR 46708, Aug. 11, 2008].
[FR Doc. 2019–07647 Filed 4–16–19; 8:45 am]
BILLING CODE 8320–01–P
DEPARTMENT OF VETERANS
AFFAIRS
Privacy Act of 1974; System of
Records
Office of Inspector General,
Department of Veterans Affairs (VA).
ACTION: Notice of modified system of
records.
AGENCY:
As required by the Privacy
Act of 1974, notice is hereby given that
the Department of Veterans Affairs (VA)
SUMMARY:
E:\FR\FM\17APN1.SGM
17APN1
Agencies
[Federal Register Volume 84, Number 74 (Wednesday, April 17, 2019)]
[Notices]
[Pages 16141-16145]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-07647]
-----------------------------------------------------------------------
DEPARTMENT OF VETERANS AFFAIRS
Privacy Act of 1974; System of Records
AGENCY: Office of Inspector General (OIG), Department of Veterans
Affairs (VA).
ACTION: Notice of modified system of records.
-----------------------------------------------------------------------
SUMMARY: As required by the Privacy Act of 1974, notice is hereby given
that the Department of Veterans Affairs (VA) is amending the system of
records known as ``Criminal Investigations'' (11VA51) by amending the
Routine Uses and the Policies and Practices for Storing, Retrieving,
Accessing, Retaining, and Disposing of Records within the System. VA is
republishing the system notice in its entirety.
DATES: Comments on this modified system of records must be received no
later than 30 days after date of publication in the Federal Register.
If no public comment is received during the period allowed for comment
or unless otherwise published in the Federal Register by VA, the
modified system of records will become effective a minimum of 30 days
after date of publication in the Federal Register. If VA receives
public comments, VA shall review the comments to determine whether any
changes to the notice are necessary.
ADDRESSES: Written comments may be submitted through
[[Page 16142]]
www.Regulations.gov; by mail or hand-delivery to Director, Regulation
Policy and Management (00REG), Department of Veterans Affairs, 810
Vermont Ave. NW, Room 1064, Washington, DC 20420; or by fax to (202)
273-9026 (not a toll-free number). Comments should indicate that they
are submitted in response to Inspector General Hotline (Complaint
Center) Records (66VA53). Copies of comments received will be available
for public inspection in the Office of Regulation Policy and
Management, Room 1063B, between the hours of 8:00 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 number.) In addition, comments
may be viewed online at www.Regulations.gov.
FOR FURTHER INFORMATION CONTACT: Christopher Connor, Chief, Information
Release Office (50CI), Office of Inspector General, Department of
Veterans Affairs, 810 Vermont Avenue NW, Washington, DC 20420, 202-461-
4269; or fax comments to (202) 495-5859. Amy L. Rose, VA Privacy
Service, Office of Information Security (OIS), Office of Information
and Technology (OIT), Department of Veterans Affairs, 810 Vermont
Avenue NW, Washington, DC 20420, (202) 632-7497.
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
system of records notices and has determined its record system,
``Criminal Investigations'' (11VA51), should be amended to reflect
evolving technology and procedures, to conform to current practice, and
to reflect current authorities. The Routine Uses are amended to conform
to changes recommended by OMB. The storage practices section will now
reflect that data is stored in VA OIG's new Enterprise Management
System (EMS) database in addition to the legacy Master Case Index (MCI)
database.
The Senior Agency Official for Privacy, 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.
Andr[eacute] Horton, Deputy Chief Information Security Officer,
Department of Veterans Affairs approved this document on January 8,
2019 for publication.
Dated: April 12, 2019.
Amy L. Rose,
Program Analyst, VA Privacy Service, Department of Veterans Affairs.
11VA51
SYSTEM NAME:
Criminal Investigations (11VA51).
SECURITY CLASSIFICATION:
None.
SYSTEM LOCATION:
Department of Veterans Affairs (VA), Office of Inspector General
(OIG), Office of Assistant Inspector General for Management and
Administration (53), 810 Vermont Avenue NW, Washington, DC 20420.
SYSTEM MANAGER(S):
Assistant Inspector General for Management and Administration (53),
Department of Veterans Affairs, Office of Inspector General, 810
Vermont Avenue NW, Washington, DC 20420, (202) 461-4760,
[email protected].
AUTHORITY FOR MAINTENANCE OF THE SYSTEM:
Inspector General Act of 1978, Public Law (P.L.) 95-452, 5 U.S.C.
App., as amended through P.L. 115-254 (IG Act).
PURPOSE(S) OF THE SYSTEM:
The purpose of this system of records is to compile evidence to
prove or disprove criminal conduct, identify individual criminal
offenders and alleged offenders, and identify witnesses and documents
relevant to the investigation of the allegations. The records and
information in the system are used in federal and state grand jury
proceedings, pre-trial negotiations, plea agreements, pre-trial
diversions, court hearings and trials. The records and information in
the system may also be used in administrative proceedings when
administrative action is taken against the subject of the
investigation. VA OIG is modifying the system of records to give notice
of changes to the system location and system manager, and to reflect
amendments to the authority under which the system of records is
maintained.
CATEGORIES OF INDIVIDUALS COVERED BY THE SYSTEM:
The following categories of individuals will be covered by the
system: (1) Employees, (2) veterans and other VA beneficiaries, and (3)
private citizens, such as contractors, who conduct official business
with the VA, or private citizens whose actions affect or relate to the
programs and operations of VA. The individuals who are or have been the
subjects of investigations are those alleged to have violated criminal
laws, either federal or state, either in the performance of their
official duties or related to the programs and operations of VA.
CATEGORIES OF RECORDS IN THE SYSTEM:
Records and information in this system include reports of criminal
investigations of the VA OIG, Office of Investigations. These reports
may include (1) a narrative summary or synopsis, (2) allegations of
specific wrongdoing or crimes committed, (3) progress reports, (4)
exhibits or attachments to the reports, (5) internal documentation and
memoranda, and (6) affidavits or sworn statements. The name of the
subject of an investigation, his or her title, his or her date of
birth, his or her social security number, his or her home address, the
station at which an investigation took place, the OIG's case number,
the time period the investigation took place, and the outcome of the
case are maintained in an electronic database and in hard copy files.
RECORD SOURCE CATEGORIES:
Information is obtained from VA employees, third parties (e.g., a
veteran, VA beneficiary, VA contractor, or private party), the
Government Accountability Office, VA records, congressional, federal,
state, and local offices or agencies.
ROUTINE USES OF RECORDS MAINTAINED IN THE SYSTEM, INCLUDING CATEGORIES
OF USERS AND THE PURPOSES OF SUCH USES:
1. Congress: VA may disclose information from the record of an
individual in response to an inquiry from a 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
[[Page 16143]]
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.
c. 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.
3. Law Enforcement: VA may, on its own initiative, disclose
information in this system 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 to
enable authorities 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).
4. 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 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 (DC Cir. 1985) and Doe
v. Stephens, 851 F.2d 1457, 1465-67 (DC Cir. 1988).
5. 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
to enable them to perform the services and contracts for the agency.
6. 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.
[[Page 16144]]
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.
7. 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.
8. 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.
9. 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.
10. The agency may disclose any information in this system, except
the name and address of a veteran, 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 to respond to the VA inquiry.
11. To assist attorneys in representing their clients, the agency
may disclose any information in this system to attorneys representing
subjects of investigations, including veterans, federal government
employees, retirees, volunteers, contractors, subcontractors, or
private citizens, except where VA has decided release is inappropriate
under Title 5, United States Code, Section 552a(j) and (k).
12. Any information in this system of records may be disclosed, in
the course of presenting evidence to a court, magistrate,
administrative tribunal, or grand jury, including disclosures to
opposing counsel in the course of such proceedings or in settlement
negotiations.
13. The agency may disclose any information in this system to any
source or person, either private or governmental, to the extent
necessary to secure from such source or person information relevant to,
and sought in furtherance of, an investigation, review, or inspection.
14. The agency may disclose any information in this system, except
the name and address of a veteran, to federal, state, or local
professional, regulatory, or disciplinary organizations or
associations, including but not limited to bar associations, state
licensing boards, and similar professional entities, for use in
disciplinary proceedings and inquiries preparatory thereto, where VA
determines that there is good cause to question the legality or ethical
propriety of the conduct of a person employed by VA or a person
representing a person in a matter before VA. 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 to enable it
to respond to the VA inquiry.
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
new EMS (Enterprise Management System) or legacy MCI (Master Case
Index) databases and servers at the VA OIG's office at 801 I Street NW,
Washington, DC 20420, in the office of the VA OIG's 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. The VA OIG Office of Investigations, Hotline Division is
responsible for electronically inputting records and information
received from complainants, referrals and correspondence related to the
initiation of a case, and final reports. Information inputted
electronically includes all correspondence to and from complainants,
correspondence (including email messages) to and among VA OIG
organizational elements about complaints, and correspondence to and
from any VA component to which a case was referred. Complaints and
information about VA employees, including all investigative reports and
work papers, are maintained in electronic files with restricted access
limited to those with a need to know for their the official duties,
including personnel in the VA OIG Office of Investigations, VA OIG
Human Resources Management Division, VA OIG attorneys, and VA OIG
management officials responsible for supervising any VA OIG employee
who is the subject of an internal investigation. Hard copies of records
and information are discussed in the storage section below.
STORAGE:
Hard copies of documents and information are maintained by the OIG
organization that conducts the review, inspection, or investigation.
For example, the Administrative Investigations Division, at VA OIG
headquarters, maintains hard copies of an investigative file which
contains a case referral from Hotline, the final report, all
documentation supporting the final report, draft reports,
correspondence, and all information collected as part of the
investigation. Similarly, the VA OIG Office of Healthcare Inspections
(OHI) maintains hard copies of its investigations (final reports and
supporting documentation). Other records and information (i.e., work
papers) about investigations related to individuals compiled by OHI are
maintained in the OHI field office that conducted the investigation.
Any internal VA OIG investigations on VA OIG employees, conducted prior
to the implementation of electronic files, are maintained in hard copy
only and are secured in the Office of Investigations, Analysis and
Oversight Division (51X). Access to those files is highly restricted.
RETRIEVABILITY:
Information and records are retrieved by EMS or MCI case number and
the name of the subject of the investigation. Scanned documents,
reports and other uploaded information that are made part
[[Page 16145]]
of the electronic file cannot be searched or retrieved from the EMS or
MCI databases as part of a general search.
SAFEGUARDS:
Information in the system is protected from unauthorized access
through administrative, physical, and technical safeguards. Access to
the hard copy and computerized information is restricted to authorized
OIG personnel on a need-to-know basis. Hard copy records are maintained
in offices that are restricted during work hours or are locked after
duty hours. The headquarters building is protected by security guards
and access is restricted during non-duty hours. Access to the
computerized information is limited to VA OIG employees by means of
passwords and authorized user identification codes. Computer system
documentation is maintained in a secure environment in the Office of
Inspector General, VA Central Office.
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:
Assistant Inspector General for Management and Administration (53),
Department of Veterans Affairs, Office of Inspector General, 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 to the Assistant Inspector
General for Management and Administration (53). However, a majority of
records in this system are exempt from the notification requirements
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
notification. A determination as to whether an exemption applies shall
be made at the time a request for notification is received.
RECORD ACCESS PROCEDURES:
An individual who seeks access to or wishes to contest records
maintained under his or her name in this system must submit a written
request to the Chief, Information Release Office (50CI). However, a
majority of records in this system are exempt from the records access
and contesting requirements 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 records access procedures above.)
RECORD SOURCE CATEGORIES:
Information is obtained from VA employees, third parties (e.g., a
veteran, VA beneficiary, VA contractor, or private party), the
Government Accountability Office, Department of Veterans Affairs
records, congressional, federal, state, and local offices or agencies.
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 (IG Act), as amended, mandates that the Inspector General
recommend policies for and to conduct, supervise, and coordinate
activities in the Department of Veterans Affairs and between VA and
other Federal, State and local governmental agencies with respect to:
(1) The prevention and detection of fraud in programs and operations
administered or financed by VA and (2) the identification and
prosecution of participants in such fraud. Under the IG 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 Assistant
Inspector General for Investigations. These activities constitute a
principal function of the Inspector General's Hotline/Complaint Center
staff. In addition to principal functions pertaining to the enforcement
of criminal laws, the Inspector General may receive and investigate
complaints and allegations from various sources concerning the possible
existence of activities constituting non-criminal violations of law,
rules or regulations; mismanagement; gross waste of funds; abuses of
authority or substantial and specific danger to the public health and
safety. This system of records also exists to support inquiries by the
Assistant Inspectors General for Auditing, for Management and
Administration, for Administrative Investigations, and for Healthcare
Inspections into non-criminal matters. Based upon the foregoing, the
Secretary of Veterans Affairs 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), and (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 Secretary of Veterans Affairs has also 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, e.g., to prevent subjects of
investigations from frustrating the investigatory process by
discovering the scope and progress of an investigation, 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.
HISTORY:
[See the last full Federal Register notice, 73 FR 46708, Aug. 11,
2008].
[FR Doc. 2019-07647 Filed 4-16-19; 8:45 am]
BILLING CODE 8320-01-P