Federal Register, Volume 77 Issue 22 (Thursday, February 2, 2012)

[Federal Register Volume 77, Number 22 (Thursday, February 2, 2012)]
[Notices]
[Pages 5313-5316]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2012-2266]

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DEPARTMENT OF VETERANS AFFAIRS

Privacy Act of 1974; System of Records

AGENCY: Department of Veterans Affairs.

ACTION: Notice of Amendment of System of Records.

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SUMMARY: The Privacy Act of 1974 (5 U.S.C. 552(e)(4)) requires that all
agencies publish in the Federal Register a notice of the existence and
character of their systems of records. Notice is hereby given that the
Department of Veterans Affairs (VA) is amending the system of records
entitled ``Alternative Dispute Resolution Tracking System-VA''
(116VA09). The Department is re-publishing the system of records notice
in its entirety.

DATES: Comments on this amended system of records must be received no
later than March 5, 2012. If no public comment is received, the amended
system will become effective March 5, 2012.

ADDRESSES: Written comments may be submitted through http://www.Regulations.gov; by mail or hand

[[Page 5314]]

delivery to the Director, Office of Regulation Policy and Management
(02REG), Department of Veterans Affairs, 810 Vermont Avenue NW., Room
1068, Washington, DC 20420; or by fax to (202) 273-9026. Copies of
comments received will be available for public inspection in the Office
of Regulation Policy and Management, Room 1063B, between the hours of 8
a.m. and 4:30 p.m., Monday through Friday (except holidays). Please
call (202) 461-4938 for an appointment. In addition, during the comment
period, comments may be viewed online through the Federal Docket
Management System (FDMS).

FOR FURTHER INFORMATION CONTACT: Gregory A. Burke, Ombudsman, Office of
Resolution Management (08), Department of Veterans Affairs, 810 Vermont
Avenue NW., Washington, DC 20420, (202) 461-0225.

SUPPLEMENTARY INFORMATION:
The Department established the system of records entitled
``Alternative Dispute Resolution Tracking System-VA'' (116VA09) in 67
FR 49392-49395 (July 30, 2002). The system of records tracked
alternative dispute resolution (ADR) activity within VA. VA placed the
responsibility for managing the system of records upon the Dispute
Resolution Specialist (DRS), then the Chairman of the Department's
Board of Contract Appeals (09) (the Chairman). The ``09'' designation
within ``116VA09'' reflected the designation of the Chairman (09)
within the Department. The Administrative Dispute Resolution Act, as
amended, requires the designation by each Federal agency of a senior
official to serve as its DRS. Public Law 101-552, Sec. 3(b), 104 Stat.
2737 (1990).
On January 6, 2006, Congress enacted Public Law 109-163. Section
847 of that Act terminated the VA Board of Contract Appeals on January
6, 2007. Consequently, the position of Chairman of the VA Board of
Contract Appeals also terminated on January 6, 2007.
In anticipation of the termination of the VA Board of Contract
Appeals, on July 14, 2006, the VA's Deputy Secretary approved the
reassignment of the DRS function to the Assistant Secretary for Human
Resources and Administration. Authority for Workplace ADR was further
delegated to the Deputy Assistant Secretary for Resolution Management,
also known as Deputy DRS for Workplace ADR (08). In that capacity, the
Deputy DRS for Workplace ADR became responsible for the system of
records entitled ``Alternative Dispute Resolution Tracking System-VA''
(116VA09), including management, notification, and record access
procedures.
The Department intends to modify the system of records entitled
``Alternative Dispute Resolution Tracking System-VA'' (116VA09) to: (1)
Rename and renumber the system of records as ``Historical Alternative
Dispute Resolution Data-VA'' (116VA08); (2) designate the Deputy DRS
Workplace ADR (08) as the system's manager and official responsible for
maintaining the system of records; and (3) reflect that the Deputy DRS
Workplace ADR (08) will manage the renamed ``Historical Alternative
Dispute Resolution Data-VA'' (116VA08) system of records in lieu of the
then DRS and Chairman of the VA Board of Contract Appeals (09).
When adopted in 2002, the currently named ``Alternative Dispute
Resolution Tracking System-VA'' (116VA09) was the sole method used to
collect ADR data VA-wide. VA is establishing a new system of records
titled the ``Alternative Dispute Resolution (ADR) Tracking System-
ADRTracker-VA'' for collection of ADR data. These two systems of
records are separate and incompatible. Although the systems of records
contain similar data elements, such data are collected and used for
different purposes. VA now uses the ``Alternative Dispute Resolution
Tracking System-VA'' (116VA09) for historical reference and reports.
VA has determined to rename the ``Alternative Dispute Resolution
(ADR) Tracking System-VA'' (116VA08), the earlier system of tracking
ADR data, as the ``Historical Alternative Dispute Resolution Data-VA''
(116VA08) system of records to reflect its primarily historical use and
to minimize confusion.
VA is also proposing to amend two routine uses and establish two
new routine use disclosures of information maintained in the
``Historical Alternative Dispute Resolution Data-VA'' (116VA08) system
of records, as renamed and renumbered:
1. VA is amending use 2 to permit disclosure to the General
Services Administration (GSA) in connection with records management
inspections conducted under title 44, U.S.C.
2. VA is amending routine use 5 to reflect the limitations of the
names and home addresses of Veterans and their dependents contained in
38 U.S.C. 5701(a), which provides that the agency may disclose this
information only as permitted by that statute. VA may not promulgate a
routine use authorizing disclosure of information that is barred by
another confidentiality statute applicable to that information.
3. VA is adding routine use 12 to the system of records to
authorize the agency to disclose information to other Federal agencies
when they need the information to prevent fraud or abuse of their
programs by individuals.
4. In December 2006, Congress enacted the Veterans Benefits, Health
Care and Information Technology Act of 2006 (the Act), Public Law 109-
461, 120 Stat. 3403. Section 902(b) of the Act also added a new
subchapter III, Information Security, to Chapter 57 of title 38, United
States Code. Section 5724 requires VA to conduct an independent risk
analysis (IRA) when VA has experienced a data breach involving the
sensitive personal information of those individuals. The section also
requires VA to provide credit protection services to those individuals
if VA determines after the IRA that there is a reasonable risk for
potential misuse of the individuals' sensitive personal information. In
order to conduct the IRA and provide credit protection services, if
appropriate, VA will have to disclose the sensitive personal
information of these individuals to the entities performing the IRA and
providing the credit protection services.
Further, the Office of Management and Budget (OMB) also directed
all Federal agencies in OMB Memorandum 07-16 to promulgate routine uses
to be able to disclose Privacy Act-protected information where
necessary to respond to data breaches. The OMB Memorandum is available
at http://www.whitehouse.gov/omb/memoranda/fy2007/m07-16.pdf.
VA is adding routine use 13 to the system of records to implement
section 5724 of title 38 and to comply with the guidance issued by OMB.
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 we collected the information. In all of the routine
use disclosures described above, the recipient of the information will
use the information in connection with a matter relating to one of VA's
programs or will use the information to provide a benefit to VA, or
disclosure is required to protect VA records, the subjects of those
records, or the integrity of Federal programs. 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 of the 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.

[[Page 5315]]

Approved: October 21, 2011.
John R. Gingrich,
Chief of Staff, Department of Veterans Affairs.
116VA08

SYSTEM NAME: ``Historical Alternative Dispute Resolution Data-VA''.
SYSTEM LOCATION:
VA stores data from the System of Records at the Capital Region
Data Center, 882 T J Jackson Drive, Falling Waters, WV 25419. The
originals of related documents are maintained in the Office of the
Assistant Secretary for Resolution Management, 810 Vermont Avenue NW.,
Washington, DC 20420, under lock and key.

CATEGORIES OF INDIVIDUALS COVERED BY THE SYSTEM:
The records contain information about VA employees and other
individuals who have participated in a VA alternative dispute
resolution program or dispute resolution.

CATEGORIES OF RECORDS IN THE SYSTEM:
The records may contain information related to the name, grade, and
step of the ADR requesters and respondents; the type of ADR requested,
e.g., mediation or arbitration; the type of ADR used; the source of the
individual(s) conducting the ADR, e.g., another Federal agency; the
grades and steps of the individuals conducting the ADR process;
administrative data on the particular ADR case, e.g., date requested;
date concluded and total hours spent on the ADR; the nature of the
dispute, e.g., discrimination or harassment; the stage in the dispute
in which ADR is inserted; the jurisdictional forum in which the dispute
was located when ADR was requested; any waiver of rights under 29 CFR
part 1614; the terms of any settlement agreement, e.g., damages,
attorneys fees, reassignment; and the satisfaction of the parties with
the ADR process and the source of the neutral third party who conducted
the procedure, e.g., the facility's program, a local shared neutral's
program, the national program, or a private, non governmental program.

AUTHORITY FOR MAINTENANCE OF THE SYSTEM:
Title 5, United States Code, sections 571-584; Federal Acquisition
Regulation; Part 33, Protests, Disputes, and Appeals and/or VA
Acquisition Regulation, Part 833, Protests, Disputes, and Appeals; and
Title 29, Code of Federal Regulations, Part 1614.

PURPOSE(S):
VA will use the information to track and monitor agency dispute
resolution activities at the local level. VA also intends to analyze
the data to evaluate ADR utilization VA-wide, identify agency ADR best
practices, and determine whether certain forms of ADR may be more
appropriate in various types of cases.

ROUTINE USES OF RECORDS MAINTAINED IN THE SYSTEM, INCLUDING CATEGORIES
OF USERS AND THE PURPOSES OF SUCH USES:
1. Disclosure may be made to a Congressional office from the record
of an individual in response to an inquiry from the Congressional
office made at the request of that individual.
2. 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
the authority of title 44, U.S.C.
3. Records from this system of records may be disclosed to the
Department of Justice (DOJ) or in a proceeding before a court,
adjudicative body, or other administrative body before which the agency
is authorized to appear when: (1) The agency, or any component thereof;
(2) any employee of the agency in his or her official capacity, where
DOJ or the agency has agreed to represent the employee; or (3) the
United States, when the agency determines that litigation is likely to
affect the agency or any of its components; is a party to litigation,
and has an interest in such litigation, and the use of such records by
DOJ or the agency is deemed by the agency to be relevant and necessary
to the litigation, provided, however, that the disclosure is compatible
with the purpose for which the records were collected.
4. Disclosure of relevant information may be made to individuals,
organizations, private or public agencies, or other entities with whom
VA has a contract or agreement or where there is a subcontract to
perform such services as VA may deem practicable for the purposes of
laws administered by VA, in order for the contractor or subcontractor
to perform the services of the contract or agreement.
5. VA may disclose on its own initiative any information in this
system, except the names and home addresses of Veterans and their
dependents, that is relevant to a suspected or reasonably imminent
violation of law, whether civil, criminal, or regulatory in nature and
whether arising by general or program statute or by regulation, rule,
or order issued pursuant thereto, to a Federal, State, local, tribal,
or foreign agency charged with the responsibility of investigating or
prosecuting such violation, or charged with enforcing or implementing
the statute, regulation, rule, or order. VA may also disclose on its
own initiative the names and home 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, or order issued pursuant thereto.
6. Disclosure may be made to an appeal, grievance, hearing, or
complaints examiner; an equal employment opportunity investigator,
arbitrator, or mediator; and an exclusive representative or other
person authorized to investigate or settle a grievance, complaint, or
appeal filed by an individual who is the subject of the record.
7. Disclosure may be made to the Office of Personnel Management
(OPM), the Office of Management and Budget (OMB), and the Government
Accountability Office (GAO) in order for them to perform their
responsibilities for evaluating Federal programs.
8. Information may be disclosed to officials of labor organizations
recognized under 5 U.S.C. chapter 71, when relevant and necessary to
their duties of exclusive representation concerning personnel policies,
practices, and matters affecting working conditions.
9. Information may be disclosed to officials of the Merit Systems
Protection Board 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 may be
authorized by law.
10. Information may be disclosed to the Equal Employment
Opportunity Commission when requested in connection with investigations
of alleged or possible discriminatory practices, examination of Federal
affirmative employment programs, or for other functions of the
Commission as authorized by law.
11. Information may be disclosed to the Federal Labor Relations
Authority (including its General Counsel) when appropriate jurisdiction
has been established and the information has been requested in
connection with the 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; and

[[Page 5316]]

to the Federal Service Impasses Panel in matters they are considering.
12. VA may, on its own initiative, disclose information to other
Federal agencies to assist them in preventing and detecting possible
fraud or abuse by individuals in their operations or programs.
13. VA may, on its own initiative, disclose any information or
records to appropriate agencies, entities, or persons when (1) VA
suspects or has confirmed that the integrity or confidentiality of
information in the system of records has been compromised; (2) the
Department has determined that as a result of the suspected or
confirmed compromise, there is a risk of embarrassment or harm to the
reputations of the record subjects, harm to economic or property
interests, identity theft or fraud, or harm to the security,
confidentiality, or integrity of this system or other systems or
programs (whether maintained by the Department or another agency or
entity) that rely upon the potentially compromised information; and (3)
the disclosure is to agencies, entities, or persons whom VA determines
are reasonably necessary to assist or carry out the Department's
efforts to respond to the suspected or confirmed compromise and
prevent, minimize, or remedy such harm. This routine use permits
disclosures by the Department to respond to a suspected or confirmed
data breach, including the conduct of any risk analysis or provision of
credit protect services as provided in 38 U.S.C. 5724 as the terms are
defined in 38 U.S.C. 5727.

POLICIES AND PRACTICES FOR STORING, RETRIEVING, ACCESSING, RETAINING,
AND DISPOSING OF RECORDS IN THE SYSTEM:
STORAGE:
Records are maintained on the VA's Office of Resolution Management
Web Server System in the Citizens Disaster Response Center (CDRC) in
Falling Waters, West Virginia.

RETRIEVABILITY:
Records are retrieved by employee name, VA ADR case number, VA EEO
case number, or VA facility number of the parties who participate in
the VA ADR process.

SAFEGUARDS:
Access to and use of these records is limited to those persons
whose official duties require such access. Access to the VA Historical
Alternative Dispute Resolution Data system of records is controlled by
using an individually unique user identification code. Physical access
to the facility where the ``VA Historical Alternative Dispute
Resolution Data'' is maintained and controlled at all hours by the
Federal Protective Service, VA, or other security personnel and
security access control devices. Public use files prepared for purposes
of research and analysis are purged of personal identifiers.

RETENTION AND DISPOSAL:
Records are maintained during the employee participant's for a
period of 20 calendar years and subsequently disposed of in accordance
with records disposition authority processes established by the
Archivist of the United States.

SYSTEM MANAGER(S) AND ADDRESS:
Official responsible for policies and procedures: Deputy Assistant
Secretary for Resolution Management, also known as the Deputy Dispute
Resolution Specialist for Workplace ADR (08), Department of Veterans
Affairs, 810 Vermont Avenue NW., Washington, DC 20420.

NOTIFICATION PROCEDURE:
Individuals who wish to determine whether this system of records
contains information about them should address written inquiries to
Deputy Dispute Resolution Specialist for Workplace ADR (08), Department
of Veterans Affairs, 810 Vermont Avenue NW., Washington, DC 20420.
Inquiries should include: (1) The individual's name and address; (2) VA
ADR or EEO case number, if known; and VA facility or facility number
where the individual was employed or applied for employment.

RECORD ACCESS PROCEDURE:
Individuals seeking information regarding access to and contesting
of records in this system may write the Deputy Dispute Resolution
Specialist for Workplace ADR (08), Department of Veterans Affairs, 810
Vermont Avenue NW., Washington, DC 20420.

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

RECORD SOURCE CATEGORIES:
Information in this system of records is provided by employees who
serve as local ADR program coordinators who obtain information from the
ADR program participants.

[FR Doc. 2012-2266 Filed 2-1-12; 8:45 am]
BILLING CODE 8320-01-P