[Federal Register Volume 80, Number 214 (Thursday, November 5, 2015)]
[Notices]
[Pages 68618-68621]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2015-28184]
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DEPARTMENT OF VETERAN AFFAIRS
Privacy Act of 1974; System of Records
AGENCY: Department of Veteran Affairs (VA).
ACTION: Notice of Amendment to System of Records.
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SUMMARY: In accordance with the Privacy Act of 1974 (5 U.S.C.
552a(e)(4)) all agencies are required to 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 ``Freedom of
Information Act (FOIA) Records--VA'' 119VA005R1C.
DATES: Comments on the amendment of this system of records must be
received no later than December 7, 2015. If no public comment is
received, the new
[[Page 68619]]
system will become effective December 7, 2015.
ADDRESSES: Written comments may be submitted through
www.Regulations.gov by mail or hand-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 8:00 a.m. and 4:30 p.m.
Monday through Friday (except holidays). Please call (202) 461-4902 for
an appointment. In addition, during the comment period, comments may be
viewed online through the Federal Docket Management System (FDMS) at
www.Regulations.gov.
FOR FURTHER INFORMATION CONTACT: Director VA FOIA Service (005R1C),
Department of Veterans Affairs, 810 Vermont Avenue NW., Washington, DC
20420, (202) 632-7453.
SUPPLEMENTARY INFORMATION: As required by the Privacy Act of 1974 (5
U.S.C. 552a(e)(4), (11)), notice is hereby given that the Department of
Veterans Affairs (VA) is amending an existing system of records
entitled ``Freedom of Information Act (FOIA) Records--VA''
(119VA005R1C). The amended system of records is adding a Routine Use
number 12, amending Categories of Individuals Covered by the System,
Categories of Records in the System and Exemptions Claimed for the
System.
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 Office of Management and Budget (OMB) as required by
5 U.S.C. 552a(r) (Privacy Act) and guidelines issued by OMB (65 FR
77677), December 12, 2000.
Signing Authority
The Secretary of Veterans Affairs, or designee, approved this
document and authorized the undersigned to sign and submit the document
to the Office of the Federal Register for publication electronically as
an official document of the Department of Veterans Affairs. Robert L.
Nabors II, Chief of Staff, approved this document on October 15, 2015,
for publication.
Dated: October 21, 2015.
Kathleen M. Manwell,
Program Analyst, VA Privacy Service, Office of Privacy and Records
Management, Department of Veterans Affairs.
119VA005R1C
SYSTEM NAME:
Freedom of Information Act (FOIA) Records--VA
SYSTEM LOCATION:
Records are maintained at the VA Central Office FOIA Offices, 810
Vermont Avenue NW., Washington, DC 20420; AINS, Inc., 1355 Piccard
Drive, Rockville, MD 20850, and all VA field facilities. A list of the
field facilities may be found at the following Internet address: http://www2.va.gov/directory/guide/home.asp.
CATEGORIES OF INDIVIDUALS COVERED BY THE SYSTEM:
This system contains records and related correspondence on
individuals who have filed with VA:
a. Requests for information under the provisions of the Freedom of
Information Act (5 U.S.C. 552), including requests for review of
initial denials of such requests.
b. Requests under the provisions of the Privacy Act (5 U.S.C. 552a)
for records about themselves where the FOIA is also relied upon to
process the request and which then meet the Department of Justice's
(DOJ) standard for required reporting in the Annual FOIA Report to the
Attorney General of the United States.
c. All persons who have requested records from VA under the
provisions of the Freedom of Information Act (FOIA); all persons whose
requests for records have been referred to VA by other Federal
agencies; and all persons who have submitted appeals to the Secretary
of VA under the provisions of the FOIA.
d. All persons about whom information has been requested under the
provisions of the FOIA.
CATEGORIES OF RECORDS IN THE SYSTEM:
This system contains correspondence and other documents related to
requests made by individuals to VA for:
a. Information under the provisions of the Freedom of Information
Act (5 U.S.C. 552), including requests for review of initial denials of
such requests.
b. Information under provisions of the Privacy Act (5 U.S.C. 552a)
and requests for review of initial denials of such requests made under
VA's Privacy Act regulations regarding requests for records about
themselves where the FOIA is also relied upon to process the request
and which then meet the Department of Justice's (DOJ) standard for
required reporting in the Annual FOIA Report to the Attorney General of
the United States.
c. Name, home address, telephone number, email address, FOIA case
numbers assigned to individual cases, and appeals, FOIA requests and
appeals, responses to requests (including unredacted and redacted
responsive records), determinations of appeals, correspondence with
requesters and with other persons who have contacted VA in connection
with requests or appeals other than requesters or other memoranda and
correspondence in connection with requests or appeals.
AUTHORITY FOR MAINTENANCE OF THE SYSTEM:
Includes the following with any revisions and amendments:
The Privacy Act of 1974 (5 U.S.C. 552a); the Freedom of Information
Act, as amended (5 U.S.C. 552); 5 U.S.C. 301; and 38 U.S.C. 501.
PURPOSE(S):
The system is maintained for the purpose of processing an
individual's record request made under the provisions of the Freedom of
Information and Privacy Acts. These records are also used by VA to
prepare reports required by the Freedom of Information and Privacy Acts
to the Office of Management and Budget and the Department of Justice.
The proposed system of records will assist the Department of Veterans
Affairs in carrying out its responsibilities under the Freedom of
Information and Privacy Acts. The records maintained in the proposed
system can originate in both paper and electronic format.
ROUTINE USES OF RECORDS MAINTAINED IN THE SYSTEM, INCLUDING CATEGORIES
OF USERS AND THE PURPOSES OF SUCH USES:
System information may be accessed and used by authorized VA
employees, with a legitimate need to know, to conduct duties associated
with the management and operation of the FOIA-PA program. Information
may also be disclosed as a routine use for the following purposes:
1. VA may disclose information from this system of records to the
Office of Management and Budget (OMB) for the performance of its
statutory responsibilities for evaluating Federal programs.
2. 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
[[Page 68620]]
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.
3. VA may disclose information from the record of an individual in
response to an inquiry from a Congressional office made at the request
of that individual.
4. 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.
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.
6. VA may, on its own initiative, disclose information in this
system, except the names and home addresses of veterans and their
dependents, which is relevant to a suspected or reasonably imminent
violation of law, whether civil, criminal or regulatory in nature and
whether arising by general or program statute or by regulation, rule or
order issued pursuant thereto, to a Federal, state, local, tribal, or
foreign agency charged with the responsibility of investigating or
prosecuting such violation, or charged with enforcing or implementing
the statute, regulation, rule or order. On its own initiative, VA may
also disclose the names and addresses of veterans and their dependents
to a Federal agency charged with the responsibility of investigating or
prosecuting civil, criminal or regulatory violations of law, or charged
with enforcing or implementing the statute, regulation, rule or order
issued pursuant thereto.
7. 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.
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 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.
10. VA may, on its own initiative, disclose information from this
system to appropriate agencies, entities, and persons when (1) VA
suspects or has confirmed that the integrity or confidentiality of
information in the system of records has been compromised; (2) the
Department has determined that as a result of the suspected or
confirmed compromise there is a risk of embarrassment or harm to the
reputations of the record subjects, harm to economic or property
interests, identity theft or fraud, or harm to the security,
confidentiality, or integrity of this system or other systems or
programs (whether maintained by the Department or another agency or
entity) that rely upon the potentially compromised information; and (3)
the disclosure is to agencies, entities, or persons whom VA determines
are reasonably necessary to assist or carry out the Department's
efforts to respond to the suspected or confirmed compromise and
prevent, minimize, or remedy such harm.
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. To the National Archives and Records Administration Office of
Government Information Services (OGIS), to the extent necessary to
fulfill its responsibilities in 5 U.S.C. 552(b), to review
administrative agency policies, procedures and compliance with the
Freedom of Information Act (FOIA), and to facilitate OGIS' offering of
mediation services to resolve disputes between persons making FOIA
requests and administrative agencies.
POLICIES AND PRACTICES FOR STORING, RETRIEVING, ACCESSING, RETAINING
AND DISPOSING OF RECORDS IN THE SYSTEM:
STORAGE:
Electronic data are maintained on Direct Access Storage Devices at
AINS Inc., 1355 Piccard Drive, Rockville, Maryland. AINS Inc. stores
registry tapes for disaster back up at the storage location. Registry
tapes for disaster back up are also maintained at an off-site location.
VA Central Office and VA field facilities also maintain paper reports
and electronic data.
RETRIEVABILITY:
Records are indexed by name of requester, date and any other
identifier deemed appropriate.
SAFEGUARDS:
This list of safeguards furnished in this System of Records is not
an exclusive list of measures that has been, or will be, taken to
protect individually-identifiable information.
All records are maintained in compliance with applicable VA
security policy directives that specify the standards that will be
applied to protect sensitive personal information, including protection
from unauthorized access through appropriate administrative, physical,
and technical safeguards. These safeguards include restricting access
to authorized personnel who have a need-to-know, using locks and
password protection identification features.
Authorized personnel are required to take annual VA mandatory data
privacy and security training. Access to data storage areas is
restricted to authorized VA employees or contract staff who have been
cleared to work by the VA Office of Security and Law Enforcement. File
areas are locked after normal duty hours. VA facilities are protected
from outside access by the Federal Protective Service and/or other
security personnel. Security complies with applicable Federal
Information Processing Standards (FIPS) issued by the National
Institute of Standards and Technology (NIST). Contractors and their
subcontractors who access the data are
[[Page 68621]]
required to maintain the same level of security as VA staff. Access to
electronic files is controlled by using an individually unique password
entered in combination with an individually unique user identification
code.
RETENTION AND DISPOSAL:
Records will be maintained and disposed of in accordance with
records disposition authority approved by the Archivist of the United
States. Routine records will be disposed of when the agency determines
they are no longer needed for administrative, legal, audit or other
operational purposes. These retention and disposal statements are
pursuant to the National Archives and Records Administration (NARA)
General Record Schedules GRS-20, item 1c and GRS 24, item 6a.
SYSTEM MANAGER(S) AND ADDRESS:
Director, FOIA Service (005R1C), Department of Veterans Affairs,
810 Vermont Avenue NW., Washington, DC 20420
NOTIFICATION PROCEDURE:
An individual who wishes to determine whether a record is being
maintained in this system under his or her name or other personnel
identifier, or wants to determine the contents of such record, should
submit a written request or apply in person to the last VA facility
where the request or appeal was submitted or to the Director, FOIA
Service (005R1C), 810 Vermont Avenue NW., Washington, DC 20420. Such
requests must contain a reasonable description of the records
requested. Inquires should also include the following:
a. Name
b. Telephone Number and Return Address
c. Date of Request or Appeal
RECORD ACCESS PROCEDURES:
Individuals wishing to request access to their records maintained
under his or her name may write or visit the nearest VA facility or
write to their regional VA Public Liaison/FOIA officer listed at http://www.foia.va.gov/FOIA_Contacts.asp.
CONTESTING RECORDS PROCEDURES:
(See ``Record Access Procedures above.'')
RECORD SOURCE CATEGORIES:
Information in this system of records is obtained from the
following: requests and administrative appeals submitted by individuals
and organizations pursuant to the FOIA and Privacy Acts; VA personnel
assigned to handle such requests and appeals; Agency records searched
and identified as responsive to such requests and appeals; and requests
referred by Agencies or other entities concerning VA records.
SYSTEMS EXEMPTED FROM CERTAIN PROVISIONS OF THE ACT:
During the course of a FOIA action, exempt materials from other
systems of records may in turn become part of the case records in this
system. To the extent that copies of exempt records from those `other'
systems of records are entered into this FOIA case record, VA hereby
claims the same exemptions for the records from those `other' systems
that are entered into this system, as claimed for the original primary
systems of records of which they are a part.
[FR Doc. 2015-28184 Filed 11-4-15; 8:45 am]
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