Privacy Act of 1974; System of Records, 23134-23139 [2020-08615]
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Madawaska, Aroostook County, Maine
and Edmundston, New Brunswick.
DATES: By this notice, FHWA is advising
the public of final agency actions
subject to 23 U.S.C. 139(l)(1). A claim
seeking judicial review of the Federal
agency actions on the highway project
will be barred unless the claim is filed
on or before September 21, 2020. If the
Federal law that authorizes judicial
review of a claim provides a time period
of less than 150 days for filing such
claim, then that shorter time period still
applies.
FOR FURTHER INFORMATION CONTACT:
Todd D. Jorgensen, Division
Administrator, Federal Highway
Administration, Edmund S. Muskie
Federal Building, 40 Western Avenue,
Room 614, Augusta, ME 04330,
Telephone (207) 512–4911; or Kristen
Chamberlain, Coordination,
Assessments, & Permits Division
Manager, Maine Department of
Transportation, Child Street, 16 State
House Station, Augusta, ME 04333,
Telephone (207) 557–5089.
SUPPLEMENTARY INFORMATION: Notice is
hereby given that FHWA and other
Federal agencies have taken final agency
actions by issuing licenses, permits, and
approvals for the following highway
project in the State of Maine:
International Bridge Project (Bridge
#2399), which crosses the Saint John
River. The project proposes to replace
the International Bridge, which
connects Madawaska in Aroostook
County, Maine, USA and Edmundston,
New Brunswick, Canada. The proposed
action (Bridge Alternative 2) would
include the construction of a new steel
girder bridge approximately 1,840 feet
in length with six spans. Of the five
piers needed, one will be near the top
of the riverbank in Madawaska, three
piers will be in the river, and one will
be near the bottom of the riverbank in
Edmundston. The new International
Bridge will connect the new Madawaska
Land Port of Entry (LPOE) to the
existing Edmundston Port of Entry. The
existing bridge will be removed. The
actions by the Federal agencies, and the
laws under which such actions were
taken, are described in the
Supplemental Final Environmental
Impact Statement/Final Programmatic
Section 4(f) Evaluation for the new
United States LPOE and International
Bridge which was noticed in the
Federal Register on October 4, 2019, in
the Record of Decision (ROD) approved
on February 12, 2020, and in other
documents in the administrative record.
The Supplemental Final Environmental
Impact Statement/Final Programmatic
Section 4(f) Evaluation, ROD, and other
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documents in the FHWA project file are
available by contacting FHWA or the
MaineDOT at the addresses provided
above. The Supplemental Final
Environmental Impact Statement/Final
Programmatic Section 4(f) Evaluation
and ROD can be viewed and
downloaded from the project website at:
https://www.maine.gov/mdot/projects/
madawaska/internationalbrg/.
This notice applies to all Federal
agency decisions as of the issuance date
of this notice and all laws under which
such actions were taken, including but
not limited to:
1. General: National Environmental
Policy Act (NEPA) [42 U.S.C. 4321–
4351]; Federal-Aid Highway Act [23
U.S.C. 109, 23 U.S.C. 128].
2. Air: Clean Air Act, [42 U.S.C. 7401–
7671(q)] (Transportation Conformity).
3. Land: Section 4(f) of the
Department of Transportation Act of
1966 [49 U.S.C. 303].
4. Wildlife: Endangered Species Act
[16 U.S.C. 153 1–1544 and Section
1536], Fish and Wildlife Coordination
Act [16 U.S.C. 661–667(d)], Migratory
Bird Treaty Act [16 U.S.C. 703–712],
Marine Mammal Protection Act [16
U.S.C. 1361], Magnuson-Stevens Fishery
Conservation and Management Act of
1976, as amended [16 U.S.C. 1801 et
seq.].
5. Historic and Cultural Resources:
Section 106 of the National Historic
Preservation Act of 1966, as amended
[54 U.S.C. 306108 et seq.].
6. Social and Economic: Civil Rights
Act of 1964 [42 U.S.C. 2000(d)–
2000(d)(I)].
7. Water Resources: Coastal Zone
Management Act, 16 U.S.C. 1451–1465.
8. Executive Orders: E.O. 11990
Protection of Wetlands; E.O. 11988
Floodplain Management; E.O. 12898,
Federal Actions to Address
Environmental Justice in Minority
Populations and Low-Income
Populations; E.O. 13175 Consultation
and Coordination with Indian Tribal
Governments.
(Catalog of Federal Domestic Assistance
Program Number 20.205, Highway Planning
and Construction. The regulations
implementing Executive Order 12372
regarding intergovernmental consultation on
Federal programs and activities apply to this
program.
Authority: 23 U.S.C. 139(1)(1), as
amended by Moving Ahead for Progress in
the 21st Century Act, (PL 112–141, 126 Stat.
405).
Issued on: April 14, 2020.
Todd D. Jorgensen,
Division Administrator Augusta, Maine.
[FR Doc. 2020–08221 Filed 4–23–20; 8:45 am]
BILLING CODE 4910–RY–P
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DEPARTMENT OF VETERANS
AFFAIRS
Privacy Act of 1974; System of
Records
Office of Accountability and
Whistleblower Protection (OAWP),
Department of Veterans Affairs (VA).
ACTION: Notice of a New System of
Records.
AGENCY:
As required by the Privacy
Act of 1974, notice is hereby given that
the Department of Veterans Affairs (VA)
is establishing a new system of records
known as the ‘‘Matter Tracking System
(MTS)-VA,’’ (190VA70).
DATES: Comments on this new 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 new 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
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 the ‘‘Matter Tracking
System (MTS)-VA,’’ (190VA70). 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:
Tanya Guimont, Supervisory FOIA
Officer, Office of Accountability and
Whistleblower Protection, 810 Vermont
Ave. NW, Mail Stop 70, Washington, DC
20420; telephone (202) 461–6100. (This
is not a toll-free number.)
SUPPLEMENTARY INFORMATION:
SUMMARY:
I. Description of Proposed Systems of
Records
The MTS is an accountability matter
management and reporting solution to
fulfill the requirements of 38 U.S.C. 323.
Microsoft Dynamics 365 (MD 365)
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fulfills OAWP’s need for an
accountability matter management
solution to track the office’s workload
and administrative functions. The MD
Azure Cloud 365 application is hosted
on the Federal Risk and Authorization
Management Program (FedRAMP) High
Government cloud.
II. Proposed Routine Use Disclosures of
Data in the System
We are proposing to establish the
following Routine Use disclosures of
information maintained in the system.
To the extent that records contained in
the system include information
protected by 38 U.S.C. 7332 (i.e.,
medical treatment information related to
drug abuse, alcoholism or alcohol abuse,
sickle cell anemia, or infection with the
human immunodeficiency virus, 38
U.S.C. 5705 (i.e., quality assurance
records); or information protected 45
CFR parts 160 and 164 (i.e., individually
identifiable health information), such
information cannot be disclosed under a
routine use unless there is also specific
statutory authority permitting the
disclosure.
1. 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. VA may disclose information from
this system to appropriate agencies,
entities, and persons when (1) VA
suspects or has confirmed that there has
been a breach of the system of records;
(2) VA has determined that as a result
of the suspected or confirmed breach
there is a risk of harm to individuals,
VA (including its information systems,
programs, and operations), the Federal
Government, or national security; and
(3) the disclosure made to such
agencies, entities, and persons is
reasonably necessary to assist in
connection with VA’s efforts to respond
to the suspected or confirmed breach or
to 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
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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. 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. VA may 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 for them to investigate and
enforce those laws. Under 38 U.S.C.
5701(a) and (f), VA may only 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).
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4. 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 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. 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, 78–84
(D.C. Cir. 1985) and Doe v. Stephens,
851 F.2d 1457, 1465–67 (D.C. Cir. 1988).
5. 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
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consistent with the Office of
Management and Budget (OMB)
guidance in OMB Circular A–108,
paragraph 6(j) that agencies promulgate
routine uses to address disclosure of
Privacy Act-protected information to
contractors to perform the services
contracts for the agency.
6. VA may disclose information from
this system to the Equal Employment
Opportunity Commission (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. VA may disclose information from
this system to the Federal Labor
Relations Authority (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. VA may disclose information from
this system to the Merit Systems
Protection Board (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. VA may disclose information from
this system to the National Archives and
Records Administration (NARA) and
General Services Administration (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
to determine the proper disposition of
such records.
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10. Data breach response and
remedial efforts with another Federal
agency: VA may 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.
11. Disclosure to other Federal
agencies may be made to assist such
agencies in preventing and detecting
possible fraud or abuse by individuals
in their operations and programs.
12. VA may disclose information from
this system of records to a former VA
employee or contractor, as well as the
authorized representative of a current or
former VA employee or contractor in
pending or reasonably anticipated
litigation, or in proceedings before any
court, adjudicative, or administrative
body, or in an action or proposed action
by VA, when it is relevant or necessary
to the litigation or administrative
proceedings and one of the following is
a party or has an interest in in the
actions described above:
(a) VA or any Component thereof;
(b) Any employee or former employee
of VA in his or her official capacity;
(c) Any employee or former employee
of VA in his or her individual capacity
when VA has agreed to represent the
employee; or
(d) The U.S. Government or any
agency thereof.
13. Federal Agencies, for Litigation:
VA may, on its own initiative, disclose
information to another federal agency,
court, or party in litigation before a
court or other administrative proceeding
conducted by an agency, if VA is a party
to the proceeding and needs to disclose
the information to protect its interests.
14. VA may disclose information from
this system of records to individuals
and/or their representatives to provide
updates on the status of an OAWP
investigation, disclosure, allegations,
and the outcome of that investigation.
VA may also disclose information to VA
employees regarding the status and
outcome of a complaint made against
them.
15. VA may disclose information from
this system of records when requested
from another agency as part of a
mandatory background check of the
employee. VA must be able to provide
information to assist other agencies in
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its duties to conduct complete and
thorough background checks as required
by statute and regulation.
III. Compatibility of the Proposed
Routine Uses
The Privacy Act permits VA to
disclose information about individuals
without their consent for a routine use
when the information will be used for
a purpose that is compatible with the
purpose for which VA collected the
information. In all the routine use
disclosures described above, either the
recipient of the information will use the
information in connection with a matter
relating to one of VA’s programs, to
provide a benefit to the VA, or to
disclose information as required by law.
The disclosures of individuallyidentifiable health information
contemplated in the routine uses
published in this new system of records
notice are permitted under the Privacy
Rule or required by law. However, to
also have authority to make such
disclosures under the Privacy Act, VA
must publish these routine uses.
Consequently, VA is publishing these
routine uses to the routine uses portion
of the system of records notice stating
that any disclosure pursuant to the
routine uses in this system of records
notice must be either required by law or
permitted by the Privacy Rule, before
VA may disclose the covered
information.
The notice of intent to publish and an
advance copy of the system notice have
been sent to the appropriate
Congressional committees and to the
Director, Office of Management and
Budget, as required by 5 U.S.C. 552a(r)
(Privacy Act) and guidelines issued by
OMB (65 FR 77677), December 12, 2000.
Signing Authority
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. James P. Gfrerer,
Assistant Secretary for Information and
Technology and Chief Information
Officer, Department of Veterans Affairs,
approved this document on December
20, 2019.
Dated: April 20, 2020.
Amy L. Rose,
Program Analyst, VA Privacy Service,
Department of Veterans Affairs.
SYSTEM NAME AND NUMBER:
Matter Tracking System (MTS)–VA,
(190VA70).
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SECURITY CLASSIFICATION:
CATEGORIES OF RECORDS IN THE SYSTEM:
Unclassified.
SYSTEM LOCATION:
Department of Veterans Affairs (VA),
Office of Accountability and
Whistleblower Protection (OAWP), 810
Vermont Ave. NW, Mail Stop 70,
Washington, DC 20420.
SYSTEM MANAGER(S):
FOIA Officer, Office of Accountability
and Whistleblower Protection, 810
Vermont Ave. NW, Mail Stop 70,
Washington, DC 20420; telephone at
(202) 461–4119. (This is not a toll-free
number.)
AUTHORITY FOR MAINTENANCE OF THE SYSTEM:
38 U.S.C. 323.
PURPOSE(S) OF THE SYSTEM:
The MTS is a matter management
solution to assist in meeting the need for
real-time reporting and tracking of
incidents contemplated by the
Department of Veterans Affairs
Accountability and Whistleblower
Protection Act of 2017 (Pub. L. 115–41).
The solution will allow OAWP to track
workload and administrative functions.
The system is an integral component of
the OAWP information technology (IT)
architecture and allows for more
efficient operations.
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CATEGORIES OF INDIVIDUALS COVERED BY THE
SYSTEM:
The MTS contains the following
categories of individuals: Disclosing
Party (DP), Whistleblowers, and Persons
of Interest (POI). DPs are individuals
who submit a matter to OAWP.
Whistleblowers are DPs who are VA
employees or applicants for
employment that have submitted a
disclosure which the individual
reasonably believes evidences a
violation of a law, rule, or regulation;
gross mismanagement; a gross waste of
funds; an abuse of authority; or a
substantial and specific danger to public
health or safety. Per 38 U.S.C. 323, the
Assistant Secretary of OAWP, cannot
disclose the identity of a Whistleblower
who is an employee without the
employee’s consent, unless otherwise
provided for under law.
A POI is an individual who is alleged
to have committed a violation of law,
rule, or regulation; gross
mismanagement; a gross waste of funds;
an abuse of authority; or a substantial
and specific danger to public health or
safety. A POI could also be an
individual against whom an allegation
of whistleblower retaliation or senior
leader misconduct or poor performance
is made.
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Records and information in this
system include submissions of
disclosures, matters, persons of interest,
disciplinary actions, and
recommendations of the Government
Accountability Office (GAO), the VA
Office of Inspector General (OIG), the
Office of Medical Inspector (OMI), and
the Office of Special Counsel (OSC).
RECORD SOURCE CATEGORIES:
Information entered into the system
by OAWP employees is obtained from
VA employees, third parties (e.g., a
Veteran, VA beneficiary, VA contractor,
or private party), VA records,
congressional, federal, state, and local
offices or agencies.
ROUTINE USES OF RECORDS MAINTAINED IN THE
SYSTEM, INCLUDING CATEGORIES OF USERS AND
PURPOSES OF SUCH USES:
1. VA may disclose information from
this system in response to an inquiry
from the congressional office made at
the request of that individual.
2. VA may disclose information from
this system to appropriate agencies,
entities, and persons when (1) VA
suspects or has confirmed that there has
been a breach of the system of records;
(2) VA has determined that as a result
of the suspected or confirmed breach
there is a risk of harm to individuals,
VA (including its information systems,
programs, and operations), the Federal
Government, or national security; and
(3) the disclosure made to such
agencies, entities, and persons is
reasonably necessary to assist in
connection with VA’s efforts to respond
to the suspected or confirmed breach or
to prevent, minimize, or remedy such
harm.
3. VA may disclose information from
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.
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23137
VA must be able to provide on its own
initiative information that pertains to a
violation of laws to law enforcement
authorities for them to investigate and
enforce those laws. Under 38 U.S.C.
5701(a) and (f), VA may only 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. VA may disclose information from
this system 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. 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, 78–84
(D.C. Cir. 1985) and Doe v. Stephens,
851 F.2d 1457, 1465–67 (D.C. Cir. 1988).
5. VA may disclose information from
this system 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
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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 the Office of
Management and Budget (OMB)
guidance in OMB Circular A–108,
paragraph 6(j) that agencies promulgate
routine uses to address disclosure of
Privacy Act-protected information to
contractors to perform the services
contracts for the agency.
6. VA may disclose information from
this system to the Equal Employment
Opportunity Commission (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.
7. VA may disclose information from
this system to the Federal Labor
Relations Authority (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.
8. VA may disclose information from
this system to the Merit Systems
Protection Board (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.
9. VA may disclose information from
this system to the National Archives and
Records Administration (NARA) and
General Services Administration (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,
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and for the physical maintenance of the
Federal government’s records.
10. VA may 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.
11. Disclosure to other Federal
agencies may be made to assist such
agencies in preventing and detecting
possible fraud or abuse by individuals
in their operations and programs.
12. VA may disclose information from
this system of records to a former VA
employee or contractor, as well as the
authorized representative of a current or
former employee or contractor of VA
Attorneys representing individuals
conducting litigation in pending or
reasonably anticipated litigation, or in
proceedings before any court,
adjudicative, or administrative body, or
in an action or proposed action by VA,
when it is relevant or necessary to the
litigation or administrative proceeding,
and one of the following is a party or
has an interest in the actions described
above:
a. VA or any Component thereof;
b. Any employee or former employee
of VA in his or her official capacity;
c. Any employee or former employee
of VA in his or her individual capacity
when VA has agreed to represent the
employee; or
d. The U.S. Government or any
agency thereof.
13. VA may, on its own initiative,
disclose information to another federal
agency, court, or party in litigation
before a court or other administrative
proceeding conducted by an agency, if
VA is a party to the proceeding and
needs to disclose the information to
protect its interests.
14. VA may disclose information from
this system of records to individuals
and/or their representatives to provide
updates on the status of an OAWP
investigation, disclosure, allegations
and the outcome of that investigation.
VA may also disclose information to VA
employees regarding the status and
outcome of a complaint made against
them.
15. VA may disclose information from
this system of records when requested
from another agency as part of a
mandatory background check of the
PO 00000
Frm 00146
Fmt 4703
Sfmt 4703
employee. VA must be able to provide
information to assist other agencies in
its duties to conduct complete and
thorough background checks as required
by statute and regulation.
POLICIES AND PRACTICES FOR STORAGE OF
RECORDS:
Records within the Matter Tracker are
stored on a FedRAMP cloud database,
protected by certified ‘‘High’’ security
controls.
POLICIES AND PRACTICES FOR RETRIEVAL OF
RECORDS:
Information and records are retrieved
by matter, disclosing party name, or
person of interest name.
POLICIES AND PRACTICES FOR RETENTION AND
DISPOSAL OF RECORDS:
Records will be maintained and
disposed of in accordance with VA
Directive 6300. VA will use NARA
regulations (36 CFR 1234.6) for
managing electronic records.
ADMINISTRATIVE, TECHNICAL, AND PHYSICAL
SAFEGUARDS:
Information in the system is protected
from unauthorized access through
administrative, physical, and technical
safeguards. Access to computerized
information is restricted to authorized
OAWP personnel on a need-to-know
basis. Computer system documentation
is maintained in a secure environment
in the FedRAMP cloud database,
protected by certified ‘‘High’’ security
controls. Routine vulnerability reviews
are conducted under the ‘Dynamics 365
for Government Assessing’ Authority to
Operate.
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 an email to
oawpfoiarequests@va.gov.
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 email
oawpfoiarequests@va.gov.
EXEMPTIONS PROMULGATED FOR THE SYSTEM:
Pursuant to subsection (k)(2) of the
Privacy Act, 5 U.S.C. 552a(k)(2), this
system of records is exempt from
subsections (c)(3), (d), (e)(1), (e)(4)(G),
(e)(4)(H), (e)(4)(I), and (f) of the Act.
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HISTORY:
None.
[FR Doc. 2020–08615 Filed 4–23–20; 8:45 am]
BILLING CODE 8320–01–P
DEPARTMENT OF VETERANS
AFFAIRS
[OMB Control No. 2900–0051]
Agency Information Collection
Activity: State Approving Agency
Reports and Notices
Veterans Benefits
Administration, Department of Veterans
Affairs.
ACTION: Notice.
AGENCY:
The Veterans Benefits
Administration (VBA), Department of
Veterans Affairs (VBA), is announcing
an opportunity for public comment on
the proposed collection of certain
information by the agency. Under the
Paperwork Reduction Act (PRA) of
1995, Federal agencies are required to
publish notice in the Federal Register
concerning each proposed collection of
information, including each proposed
revision of a currently approved
collection, and allow 60 days for public
comment in response to the notice.
DATES: Written comments and
recommendations on the proposed
collection of information should be
received on or before June 23, 2020.
ADDRESSES: Submit written comments
on the collection of information through
Federal Docket Management System
(FDMS) at www.Regulations.gov or to
Nancy J. Kessinger, Veterans Benefits
Administration (20M33), Department of
Veterans Affairs, 810 Vermont Avenue
NW, Washington, DC 20420 or email to
nancy.kessinger@va.gov. Please refer to
‘‘OMB Control No. 2900–0051’’ in any
correspondence. During the comment
period, comments may be viewed online
through FDMS.
FOR FURTHER INFORMATION CONTACT:
Danny S. Green at (202) 421–1354.
SUPPLEMENTARY INFORMATION: Under the
PRA of 1995, Federal agencies must
obtain approval from the Office of
Management and Budget (OMB) for each
collection of information they conduct
or sponsor. This request for comment is
being made pursuant to Section
3506(c)(2)(A) of the PRA.
With respect to the following
collection of information, VBA invites
comments on: (1) Whether the proposed
collection of information is necessary
for the proper performance of VBA’s
functions, including whether the
information will have practical utility;
(2) the accuracy of VBA’s estimate of the
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SUMMARY:
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burden of the proposed collection of
information; (3) ways to enhance the
quality, utility, and clarity of the
information to be collected; and (4)
ways to minimize the burden of the
collection of information on
respondents, including through the use
of automated collection techniques or
the use of other forms of information
technology.
Authority: 38 CFR 21.4154,
21.4250(b), 21.4258, 21.4259: 38 CFR
21.4154 which, addresses reporting
SAA activities (38 U.S.C. 3674(c)), 38
CFR 21.4250(b) which addresses notices
of approvals, suspension of approvals,
and disapprovals (38 U.S.C. 3678, 3679),
38 CFR 21.4258 which addresses notices
of approvals, and 38 CFR 21.4259 which
addresses notices of suspension or
disapproval.
Title: State Approving Agency Reports
and Notices.
OMB Control Number: 2900–0051.
Type of Review: Revision of a
currently approved collection.
Abstract: Information collected under
38 CFR 21.4154—The SAA reports its
activities to VA quarterly. The SAA
does so electronically by completing a
web-based screen. VA uses the
information in the reports to support the
reimbursement of activities of the SAA.
Information collected under 38 CFR
21.4250(b), 21.4258, and 21.4259—The
SAA prepares notices of approval to
inform educational institutions, training
establishments, and organizations or
entities that their courses, training, or
tests are not approved or the approval
of previously approved courses,
training, or tests is suspended. The SAA
must also send VA a copy of each of
these notices. There are 57 SAAs, each
with its own jurisdiction for approval of
courses, training, or tests. Some States
have more than one SAA because one
internal agency is responsible for
schools, another for workplace training.
Additionally, the District of Columbia,
Puerto Rico and the U.S. Virgin Islands
have authorized SAA jurisdictions.
The SAA approves, disapproves, or
suspends program approval based on
the criteria in 38 U.S.C. chapter 36.
Some of the criteria used in these
determinations include site visits; and
review of course materials, training
programs, instructors’ credentials, or
review of tests for licensure and
certification.
VA uses the approval notice
information (or lack thereof) to
determine if payment of educational
assistance is appropriate. Under 38
U.S.C. 3680, VA may not provide
educational assistance to any eligible
veteran or eligible person if his or her
educational program or training
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Sfmt 4703
23139
program does not meet the requirements
of 38 U.S.C. 3670 et seq. Without these
notices, VA would not know which
programs the SAA determined met the
criteria in 38 U.S.C. chapter 36. Without
disapproval notices, or notices of
suspended approval, VA would make
inappropriate payments to Veterans and
their dependents. 38 CFR 21.4258(a)
requires the SAA list individual
programs approved in the notice. This
requirement is needed since not all
courses/programs an educational
institution provides are approvable
under 38 U.S.C. chapter 36. For
example, some schools offer courses
that are recreational in nature. Payment
for recreational courses is prohibited
under 38 U.S.C. 3680A. Listing
approved courses in the notice ensures
VA pays educational assistance for only
those courses/programs approved.
Affected Public: Individuals and
households.
Estimated Annual Burden: 68,043
hours.
Estimated Average Burden per
Respondent: 15 hours.
Frequency of Response: Once
Quarterly.
Estimated Number of Respondents:
4,578.
By direction of the Secretary.
Danny S. Green,
VA PRA Clearance Officer, Office of Quality,
Performance and Risk, Department of
Veterans Affairs.
[FR Doc. 2020–08678 Filed 4–23–20; 8:45 am]
BILLING CODE 8320–01–P
DEPARTMENT OF VETERANS
AFFAIRS
Privacy Act of 1974; System of
Records
AGENCY:
Department of Veterans Affairs
(VA).
ACTION:
Notice of a modified system of
records.
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
currently entitled, ‘‘Education Debt
Reduction Program-VA’’ (115VA10). VA
is amending the system of records by
revising the System Number; System
Location; System Manager; Record
Source Categories; Routine Uses of
Records Maintained in the System,
Including Categories of Users and the
Purposes of Such Uses; Policies and
Practices for Retention and Disposal of
Records; Physical, Administrative and
Procedural Safeguards; Record Access
Procedure; and Notification Procedure.
SUMMARY:
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]]>Agencies
[Federal Register Volume 85, Number 80 (Friday, April 24, 2020)]
[Notices]
[Pages 23134-23139]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-08615]
=======================================================================
-----------------------------------------------------------------------
DEPARTMENT OF VETERANS AFFAIRS
Privacy Act of 1974; System of Records
AGENCY: Office of Accountability and Whistleblower Protection (OAWP),
Department of Veterans Affairs (VA).
ACTION: Notice of a New System of Records.
-----------------------------------------------------------------------
SUMMARY: As required by the Privacy Act of 1974, notice is hereby given
that the Department of Veterans Affairs (VA) is establishing a new
system of records known as the ``Matter Tracking System (MTS)-VA,''
(190VA70).
DATES: Comments on this new 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 new
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
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 the ``Matter Tracking System (MTS)-VA,''
(190VA70). 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: Tanya Guimont, Supervisory FOIA
Officer, Office of Accountability and Whistleblower Protection, 810
Vermont Ave. NW, Mail Stop 70, Washington, DC 20420; telephone (202)
461-6100. (This is not a toll-free number.)
SUPPLEMENTARY INFORMATION:
I. Description of Proposed Systems of Records
The MTS is an accountability matter management and reporting
solution to fulfill the requirements of 38 U.S.C. 323. Microsoft
Dynamics 365 (MD 365)
[[Page 23135]]
fulfills OAWP's need for an accountability matter management solution
to track the office's workload and administrative functions. The MD
Azure Cloud 365 application is hosted on the Federal Risk and
Authorization Management Program (FedRAMP) High Government cloud.
II. Proposed Routine Use Disclosures of Data in the System
We are proposing to establish the following Routine Use disclosures
of information maintained in the system. To the extent that records
contained in the system include information protected by 38 U.S.C. 7332
(i.e., medical treatment information related to drug abuse, alcoholism
or alcohol abuse, sickle cell anemia, or infection with the human
immunodeficiency virus, 38 U.S.C. 5705 (i.e., quality assurance
records); or information protected 45 CFR parts 160 and 164 (i.e.,
individually identifiable health information), such information cannot
be disclosed under a routine use unless there is also specific
statutory authority permitting the disclosure.
1. 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. VA may disclose information from this system to appropriate
agencies, entities, and persons when (1) VA suspects or has confirmed
that there has been a breach of the system of records; (2) VA has
determined that as a result of the suspected or confirmed breach there
is a risk of harm to individuals, VA (including its information
systems, programs, and operations), the Federal Government, or national
security; and (3) the disclosure made to such agencies, entities, and
persons is reasonably necessary to assist in connection with VA's
efforts to respond to the suspected or confirmed breach or to 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. 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. VA may 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 for
them to investigate and enforce those laws. Under 38 U.S.C. 5701(a) and
(f), VA may only 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. 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 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. 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, 78-84 (D.C. Cir. 1985) and Doe v. Stephens, 851
F.2d 1457, 1465-67 (D.C. Cir. 1988).
5. 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
[[Page 23136]]
consistent with the Office of Management and Budget (OMB) guidance in
OMB Circular A-108, paragraph 6(j) that agencies promulgate routine
uses to address disclosure of Privacy Act-protected information to
contractors to perform the services contracts for the agency.
6. VA may disclose information from this system to the Equal
Employment Opportunity Commission (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. VA may disclose information from this system to the Federal
Labor Relations Authority (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. VA may disclose information from this system to the Merit
Systems Protection Board (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. VA may disclose information from this system to the National
Archives and Records Administration (NARA) and General Services
Administration (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 to determine the proper
disposition of such records.
10. Data breach response and remedial efforts with another Federal
agency: VA may 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.
11. Disclosure to other Federal agencies may be made to assist such
agencies in preventing and detecting possible fraud or abuse by
individuals in their operations and programs.
12. VA may disclose information from this system of records to a
former VA employee or contractor, as well as the authorized
representative of a current or former VA employee or contractor in
pending or reasonably anticipated litigation, or in proceedings before
any court, adjudicative, or administrative body, or in an action or
proposed action by VA, when it is relevant or necessary to the
litigation or administrative proceedings and one of the following is a
party or has an interest in in the actions described above:
(a) VA or any Component thereof;
(b) Any employee or former employee of VA in his or her official
capacity;
(c) Any employee or former employee of VA in his or her individual
capacity when VA has agreed to represent the employee; or
(d) The U.S. Government or any agency thereof.
13. Federal Agencies, for Litigation: VA may, on its own
initiative, disclose information to another federal agency, court, or
party in litigation before a court or other administrative proceeding
conducted by an agency, if VA is a party to the proceeding and needs to
disclose the information to protect its interests.
14. VA may disclose information from this system of records to
individuals and/or their representatives to provide updates on the
status of an OAWP investigation, disclosure, allegations, and the
outcome of that investigation. VA may also disclose information to VA
employees regarding the status and outcome of a complaint made against
them.
15. VA may disclose information from this system of records when
requested from another agency as part of a mandatory background check
of the employee. VA must be able to provide information to assist other
agencies in its duties to conduct complete and thorough background
checks as required by statute and regulation.
III. Compatibility of the Proposed Routine Uses
The Privacy Act permits VA to disclose information about
individuals without their consent for a routine use when the
information will be used for a purpose that is compatible with the
purpose for which VA collected the information. In all the routine use
disclosures described above, either the recipient of the information
will use the information in connection with a matter relating to one of
VA's programs, to provide a benefit to the VA, or to disclose
information as required by law.
The disclosures of individually-identifiable health information
contemplated in the routine uses published in this new system of
records notice are permitted under the Privacy Rule or required by law.
However, to also have authority to make such disclosures under the
Privacy Act, VA must publish these routine uses. Consequently, VA is
publishing these routine uses to the routine uses portion of the system
of records notice stating that any disclosure pursuant to the routine
uses in this system of records notice must be either required by law or
permitted by the Privacy Rule, before VA may disclose the covered
information.
The notice of intent to publish and an advance copy of the system
notice have been sent to the appropriate Congressional committees and
to the Director, Office of Management and Budget, as required by 5
U.S.C. 552a(r) (Privacy Act) and guidelines issued by OMB (65 FR
77677), December 12, 2000.
Signing Authority
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. James P.
Gfrerer, Assistant Secretary for Information and Technology and Chief
Information Officer, Department of Veterans Affairs, approved this
document on December 20, 2019.
Dated: April 20, 2020.
Amy L. Rose,
Program Analyst, VA Privacy Service, Department of Veterans Affairs.
SYSTEM NAME AND NUMBER:
Matter Tracking System (MTS)-VA, (190VA70).
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SECURITY CLASSIFICATION:
Unclassified.
SYSTEM LOCATION:
Department of Veterans Affairs (VA), Office of Accountability and
Whistleblower Protection (OAWP), 810 Vermont Ave. NW, Mail Stop 70,
Washington, DC 20420.
SYSTEM MANAGER(S):
FOIA Officer, Office of Accountability and Whistleblower
Protection, 810 Vermont Ave. NW, Mail Stop 70, Washington, DC 20420;
telephone at (202) 461-4119. (This is not a toll-free number.)
AUTHORITY FOR MAINTENANCE OF THE SYSTEM:
38 U.S.C. 323.
PURPOSE(S) OF THE SYSTEM:
The MTS is a matter management solution to assist in meeting the
need for real-time reporting and tracking of incidents contemplated by
the Department of Veterans Affairs Accountability and Whistleblower
Protection Act of 2017 (Pub. L. 115-41). The solution will allow OAWP
to track workload and administrative functions. The system is an
integral component of the OAWP information technology (IT) architecture
and allows for more efficient operations.
CATEGORIES OF INDIVIDUALS COVERED BY THE SYSTEM:
The MTS contains the following categories of individuals:
Disclosing Party (DP), Whistleblowers, and Persons of Interest (POI).
DPs are individuals who submit a matter to OAWP. Whistleblowers are DPs
who are VA employees or applicants for employment that have submitted a
disclosure which the individual reasonably believes evidences a
violation of a law, rule, or regulation; gross mismanagement; a gross
waste of funds; an abuse of authority; or a substantial and specific
danger to public health or safety. Per 38 U.S.C. 323, the Assistant
Secretary of OAWP, cannot disclose the identity of a Whistleblower who
is an employee without the employee's consent, unless otherwise
provided for under law.
A POI is an individual who is alleged to have committed a violation
of law, rule, or regulation; gross mismanagement; a gross waste of
funds; an abuse of authority; or a substantial and specific danger to
public health or safety. A POI could also be an individual against whom
an allegation of whistleblower retaliation or senior leader misconduct
or poor performance is made.
CATEGORIES OF RECORDS IN THE SYSTEM:
Records and information in this system include submissions of
disclosures, matters, persons of interest, disciplinary actions, and
recommendations of the Government Accountability Office (GAO), the VA
Office of Inspector General (OIG), the Office of Medical Inspector
(OMI), and the Office of Special Counsel (OSC).
RECORD SOURCE CATEGORIES:
Information entered into the system by OAWP employees is obtained
from VA employees, third parties (e.g., a Veteran, VA beneficiary, VA
contractor, or private party), VA records, congressional, federal,
state, and local offices or agencies.
ROUTINE USES OF RECORDS MAINTAINED IN THE SYSTEM, INCLUDING CATEGORIES
OF USERS AND PURPOSES OF SUCH USES:
1. VA may disclose information from this system in response to an
inquiry from the congressional office made at the request of that
individual.
2. VA may disclose information from this system to appropriate
agencies, entities, and persons when (1) VA suspects or has confirmed
that there has been a breach of the system of records; (2) VA has
determined that as a result of the suspected or confirmed breach there
is a risk of harm to individuals, VA (including its information
systems, programs, and operations), the Federal Government, or national
security; and (3) the disclosure made to such agencies, entities, and
persons is reasonably necessary to assist in connection with VA's
efforts to respond to the suspected or confirmed breach or to prevent,
minimize, or remedy such harm.
3. VA may disclose information from 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 for
them to investigate and enforce those laws. Under 38 U.S.C. 5701(a) and
(f), VA may only 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. VA may disclose information from this system 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. 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, 78-84 (D.C. Cir. 1985) and Doe v. Stephens, 851
F.2d 1457, 1465-67 (D.C. Cir. 1988).
5. VA may disclose information from this system 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
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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 the Office
of Management and Budget (OMB) guidance in OMB Circular A-108,
paragraph 6(j) that agencies promulgate routine uses to address
disclosure of Privacy Act-protected information to contractors to
perform the services contracts for the agency.
6. VA may disclose information from this system to the Equal
Employment Opportunity Commission (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.
7. VA may disclose information from this system to the Federal
Labor Relations Authority (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.
8. VA may disclose information from this system to the Merit
Systems Protection Board (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.
9. VA may disclose information from this system to the National
Archives and Records Administration (NARA) and General Services
Administration (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.
10. VA may 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.
11. Disclosure to other Federal agencies may be made to assist such
agencies in preventing and detecting possible fraud or abuse by
individuals in their operations and programs.
12. VA may disclose information from this system of records to a
former VA employee or contractor, as well as the authorized
representative of a current or former employee or contractor of VA
Attorneys representing individuals conducting litigation in pending or
reasonably anticipated litigation, or in proceedings before any court,
adjudicative, or administrative body, or in an action or proposed
action by VA, when it is relevant or necessary to the litigation or
administrative proceeding, and one of the following is a party or has
an interest in the actions described above:
a. VA or any Component thereof;
b. Any employee or former employee of VA in his or her official
capacity;
c. Any employee or former employee of VA in his or her individual
capacity when VA has agreed to represent the employee; or
d. The U.S. Government or any agency thereof.
13. VA may, on its own initiative, disclose information to another
federal agency, court, or party in litigation before a court or other
administrative proceeding conducted by an agency, if VA is a party to
the proceeding and needs to disclose the information to protect its
interests.
14. VA may disclose information from this system of records to
individuals and/or their representatives to provide updates on the
status of an OAWP investigation, disclosure, allegations and the
outcome of that investigation. VA may also disclose information to VA
employees regarding the status and outcome of a complaint made against
them.
15. VA may disclose information from this system of records when
requested from another agency as part of a mandatory background check
of the employee. VA must be able to provide information to assist other
agencies in its duties to conduct complete and thorough background
checks as required by statute and regulation.
POLICIES AND PRACTICES FOR STORAGE OF RECORDS:
Records within the Matter Tracker are stored on a FedRAMP cloud
database, protected by certified ``High'' security controls.
POLICIES AND PRACTICES FOR RETRIEVAL OF RECORDS:
Information and records are retrieved by matter, disclosing party
name, or person of interest name.
POLICIES AND PRACTICES FOR RETENTION AND DISPOSAL OF RECORDS:
Records will be maintained and disposed of in accordance with VA
Directive 6300. VA will use NARA regulations (36 CFR 1234.6) for
managing electronic records.
ADMINISTRATIVE, TECHNICAL, AND PHYSICAL SAFEGUARDS:
Information in the system is protected from unauthorized access
through administrative, physical, and technical safeguards. Access to
computerized information is restricted to authorized OAWP personnel on
a need-to-know basis. Computer system documentation is maintained in a
secure environment in the FedRAMP cloud database, protected by
certified ``High'' security controls. Routine vulnerability reviews are
conducted under the `Dynamics 365 for Government Assessing' Authority
to Operate.
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 an email to
[email protected].
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 email
[email protected].
EXEMPTIONS PROMULGATED FOR THE SYSTEM:
Pursuant to subsection (k)(2) of the Privacy Act, 5 U.S.C.
552a(k)(2), this system of records is exempt from subsections (c)(3),
(d), (e)(1), (e)(4)(G), (e)(4)(H), (e)(4)(I), and (f) of the Act.
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HISTORY:
None.
[FR Doc. 2020-08615 Filed 4-23-20; 8:45 am]
BILLING CODE 8320-01-P
