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[Federal Register Volume 87, Number 98 (Friday, May 20, 2022)]
[Notices]
[Pages 31061-31064]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2022-10844]

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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.

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SUMMARY: Pursuant to the Privacy Act of 1974, notice is hereby given 
that the Department of Veterans Affairs (VA) is amending the system of 
records entitled, ``Administrator's Official Correspondence Records-
VA'' (75VA001B). VA is amending the system by updating its name, and 
revising the routine uses of records maintained in the system, 
including categories of users and the purposes of such uses. VA is 
republishing the system notice in its entirety. The aforementioned 
system of records is hereby retitled ``Case and Correspondence 
Management (CCM)-VA'' (75VA001B).

DATES: Comments on this modified system of records must be received no 
later than 30 days after date of publication in the Federal Register. 
If no public comment is received during the period allowed for comment 
or unless otherwise published in the Federal Register by VA, the 
modified system of records will become effective a minimum of 30 days 
after date of publication in the Federal Register. If VA receives 
public comments, VA shall review the comments to determine whether any 
changes to the notice are necessary.

ADDRESSES: Comments may be submitted through www.Regulations.gov or 
mailed to VA Privacy Service, 810 Vermont Avenue NW, (005R1A), 
Washington, DC 20420. Comments should indicate that they are submitted 
in response to ``Case and Correspondence Management (CCM)'' (75VA001B). 
Comments received will be available at regulations.gov for public 
viewing, inspection, or copies.

FOR FURTHER INFORMATION CONTACT: Carrie McVicker, Executive Secretary, 
Office of the Executive Secretary, Office of the Secretary, Department 
of Veterans Affairs, 810 Vermont Avenue NW, Washington, DC 20420, (202) 
461-4861, [email protected].

SUPPLEMENTARY INFORMATION:

I. Description of the System of Records

    This system of records, now known as ``Case and Correspondence 
Management (CCM),'' is the Secretary's official correspondence record, 
and includes the name, address and other identifying information 
pertaining to the correspondent, as well as background information 
concerning matters which the correspondent has brought to the 
Department's attention. The system of records also contains documents 
generated within VA that may contain the names, addresses and other 
identifying information of individuals who conduct business with VA, as 
well as material received, background information compiled and/or 
response sent.

II. Proposed Routine Use Disclosures of Data in the System

    VA is rewriting existing routine uses in the system using plain 
language. The use of plain language in these routine uses does not, and 
is not intended to, change the disclosures authorized under these 
routine uses. VA is amending, deleting, rewriting and reorganizing the 
order of the routine uses in this system of records, as well as adding 
new routine uses. Accordingly, the following changes are made to the 
current routine uses and are incorporated in the amended system of 
records notice.

[[Page 31062]]

    Current routine use number 1 is amended for clarity to reflect VA's 
authorization to disclose individually identifiable information to 
Members of Congress, or a staff person acting for the Member, when the 
Member or staff person requests the records on behalf of and at the 
written request of the individual.
    Current routine use number 2 is deleted in its entirety and the 
information contained therein is clarified with the addition of routine 
use number 11.
    New routine use number 2 addresses disclosure of information by VA 
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.
    Current routine use number 3 is deleted in its entirety and the 
information contained therein is clarified with the addition of routine 
use 5.
    New routine use number 3 addresses disclosure by VA to another 
Federal agency or Federal entity, when VA determines that the 
information 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.
    Current routine use number 4 is deleted in its entirety and the 
information contained therein is clarified with the addition of routine 
use number 6.
    New routine use number 4 addresses disclosure by VA of information 
that, either alone or in conjunction with other information, indicates 
a violation or potential violation of law, whether civil, criminal, or 
regulatory in nature, to a Federal, state, local, territorial, tribal, 
or foreign law enforcement authority or other appropriate entity 
charged with the responsibility of investigating or prosecuting such 
violation or charged with enforcing or implementing such law. The 
disclosure of the names and addresses of veterans and their dependents 
from VA records under this routine use must also comply with the 
provisions of 38 U.S.C. 5701.
    Current routine use number 5 is deleted in its entirety and the 
information contained therein is clarified with the addition of routine 
use number 4.
    New routine use number 5 addresses disclosure by VA to the 
Department of Justice (DoJ), or in a proceeding before a court, 
adjudicative body, or other administrative body before which VA is 
authorized to appear, when:
    (a) VA or any component thereof;
    (b) Any VA employee in his or her official capacity;
    (c) Any VA employee in his or her individual capacity where DoJ has 
agreed to represent the employee; or
    (d) The United States, where VA determines that litigation is 
likely to affect the agency or any of its components, is a party to 
such proceedings or has an interest in such proceedings, and VA 
determines that use of such records is relevant and necessary to the 
proceedings.
    Current routine use number 6 is deleted in its entirety.
    New routine use number 6 addresses disclosure by VA to contractors, 
grantees, experts, consultants, students, and others performing or 
working on a contract, service, grant, cooperative agreement, or other 
assignment for VA, when reasonably necessary to accomplish an agency 
function related to the records.
    Current routine use number 7 is deleted in its entirety and the 
information contained therein is clarified with the addition of routine 
use number 2 and 3.
    New routine use number 7 addresses disclosure by VA to the Office 
of Personnel Management (OPM) in connection with the application or 
effect of civil service laws, rules, regulations, or OPM guidelines in 
particular situations.
    New routine use number 8 addresses disclosure of information to the 
Equal Employment Opportunity Commission (EEOC) 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.
    New routine use number 9 addresses disclosure of information to the 
Federal Labor Relations Authority (FLRA) in connection with the 
investigation and resolution of allegations of unfair labor practices; 
the resolution of exceptions to arbitration awards when a question of 
material fact is raised; matters before the Federal Service Impasses 
Panel; and the investigation of representation petitions and the 
conduct or supervision of representation elections.
    New routine use number 10 addresses disclosure of information to 
the Merit Systems Protection Board (MSPB) 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.
    New routine use number 11 addresses disclosure of information to 
the National Archives and Records Administration (NARA) in records 
management inspections conducted under 44 U.S.C. 2904 and 2906, or 
other functions authorized by laws and policies governing NARA 
operations and VA records management responsibilities.

III. Compatibility of the Proposed Routine Uses

    Release of information from these records, pursuant to routine 
uses, will be made only in accordance with the Privacy Act of 1974. The 
Privacy Act of 1974 permits agencies 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 the information was collected. VA has determined that 
the disclosure of information for the above-stated purposes in the 
proposed amendment to routine uses is a proper and necessary use of the 
information collected by the electronic document tracking system and is 
compatible with the purpose for which VA collected the information.

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. Kurt D. 
DelBene, Assistant Secretary for Information and Technology and Chief 
Information Officer, approved this document on April 5, 2022 for 
publication.

[[Page 31063]]

    Dated: May 17, 2022.
Amy L. Rose,
Program Analyst, VA Privacy Service, Office of Information Security, 
Office of Information and Technology, Department of Veterans Affairs.

SYSTEM NAME AND NUMBER:
    Case and Correspondence Management (CCM)-VA (75VA001B)

SECURITY CLASSIFICATION:
    Unclassified.

SYSTEM LOCATION:
    Paper records are maintained in the Office of the Executive 
Secretary (001B), Office of the Secretary, Department of Veterans 
Affairs (VA) Central Office (VACO), 810 Vermont Avenue NW, Washington, 
DC 20420. Records are also maintained in VIEWS. Copies of some 
documents may be located in other offices throughout VACO and 
occasionally at field facilities, such as the Veterans Health 
Administration VA medical centers and Veterans Integrated Service 
Network offices; Veterans Benefits Administration regional offices and 
Area Offices; National Cemetery Administration national cemeteries and 
Memorial Service Network offices. Address locations for VA field 
facilities are listed in Appendix 1 of the biennial publication of the 
VA Privacy Act Issuances.

SYSTEM MANAGER(S):
    Carrie McVicker, Executive Secretary, Office of the Executive 
Secretary (001B), Office of the Secretary, Department of Veterans 
Affairs, 810 Vermont Avenue NW, Washington, DC 20420, 
[email protected].

AUTHORITY FOR MAINTENANCE OF THE SYSTEM:
    38 U.S.C. 501.

PURPOSE(S) OF THE SYSTEM:
    The purpose of this system is to permit VA to identify and respond 
to individuals and/or organizations who have submitted correspondence 
or documents to VA. The system of records also contains documents 
generated within VA that may contain the names, addresses and other 
identifying information of individuals who conduct business with VA.

CATEGORIES OF INDIVIDUALS COVERED BY THE SYSTEM:
    Individuals who voluntarily provide personal contact information 
when submitting correspondence or other documents to the Department, 
including, but not limited to: Members of Congress and their staff, 
officials and representatives of other Federal agencies, State, local 
and tribal governments, foreign governments, and veterans service 
organizations; representatives of private or commercial entities; 
veterans and other VA beneficiaries; VA employees; and other 
individuals who correspond with the VA Secretary and Deputy Secretary 
and other VA officials.

CATEGORIES OF RECORDS IN THE SYSTEM:
    Full name, postal address, email address, phone and fax numbers of 
individuals corresponding with the Department, the name of the 
organization or individual being represented, as well as supporting 
documents.

RECORD SOURCE CATEGORIES:
    Records in this system are derived from processing replies to 
correspondence, and other inquiries that originate from Members of 
Congress; other Federal agencies; State, local and tribal governments; 
foreign governments, veterans service organizations; representatives of 
private or commercial entities; veterans and their beneficiaries; VA 
employees; and other individuals who correspond with VA or one of its 
components. Records maintained include material received, background 
information compiled and/or response sent.

ROUTINE USES OF RECORDS MAINTAINED IN THE SYSTEM, INCLUDING CATEGORIES 
OF USERS AND PURPOSES OF SUCH USES:
    1. Congress: To a Member of Congress or staff acting upon the 
Member's behalf when the Member or staff requests the information on 
behalf of, and at the request of, the individual who is the subject of 
the record.
    2. Data breach response and remediation, for VA: 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. Data breach response and remediation, for another Federal 
agency: To another Federal agency or Federal entity, when VA determines 
that information from this system of records is reasonably necessary to 
assist the recipient agency or entity in (1) responding to a suspected 
or confirmed breach or (2) preventing, minimizing, or remedying the 
risk of harm to individuals, the recipient agency or entity (including 
its information systems, programs, and operations), the Federal 
Government, or national security, resulting from a suspected or 
confirmed breach.
    4. Law Enforcement: To a Federal, state, local, territorial, 
tribal, or foreign law enforcement authority or other appropriate 
entity charged with the responsibility of investigating or prosecuting 
such violation or charged with enforcing or implementing such law, 
provided that the disclosure is limited to information that, either 
alone or in conjunction with other information, indicates a violation 
or potential violation of law, whether civil, criminal, or regulatory 
in nature. The disclosure of the names and addresses of veterans and 
their dependents from VA records under this routine use must also 
comply with the provisions of 38 U.S.C. 5701.
    5. DoJ for Litigation or Administrative Proceeding: To the 
Department of Justice (DoJ), or in a proceeding before a court, 
adjudicative body, or other administrative body before which VA is 
authorized to appear, when:
    (a) VA or any component thereof;
    (b) Any VA employee in his or her official capacity;
    (c) Any VA employee in his or her individual capacity where DoJ has 
agreed to represent the employee; or
    (d) The United States, where VA determines that litigation is 
likely to affect the agency or any of its components, is a party to 
such proceedings or has an interest in such proceedings, and VA 
determines that use of such records is relevant and necessary to the 
proceedings.
    6. Contractors: To contractors, grantees, experts, consultants, 
students, and others performing or working on a contract, service, 
grant, cooperative agreement, or other assignment for VA, when 
reasonably necessary to accomplish an agency function related to the 
records.
    7. OPM: To the Office of Personnel Management (OPM) in connection 
with the application or effect of civil service laws, rules, 
regulations, or OPM guidelines in particular situations.
    8. EEOC: To the Equal Employment Opportunity Commission (EEOC) 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.

[[Page 31064]]

    9. FLRA: To the Federal Labor Relations Authority (FLRA) in 
connection with the investigation and resolution of allegations of 
unfair labor practices, the resolution of exceptions to arbitration 
awards when a question of material fact is raised, matters before the 
Federal Service Impasses Panel, and the investigation of representation 
petitions and the conduct or supervision of representation elections.
    10. MSPB: To the Merit Systems Protection Board (MSPB) 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.
    11. NARA: To the National Archives and Records Administration 
(NARA) in records management inspections conducted under 44 U.S.C. 2904 
and 2906, or other functions authorized by laws and policies governing 
NARA operations and VA records management responsibilities.

POLICIES AND PRACTICES FOR STORAGE OF RECORDS:
    Records are maintained on paper in the Office of the Executive 
Secretary (001B), Department of Veterans Affairs, 810 Vermont Avenue 
NW, Washington, DC 20420. Records are also maintained electronically in 
VIEWS.

POLICIES AND PRACTICES FOR RETRIEVAL OF RECORDS:
    Records are retrieved using name, claim file number, social 
security number, date of birth, and other unique identifiers belonging 
to the individual to whom the information pertains.

POLICIES AND PRACTICES FOR RETENTION AND DISPOSAL OF RECORDS:
    Records in this system are retained and disposed of in accordance 
with the schedule approved by the Archivist of the United States, 
Records Schedule Number DAA-0015-2018-0002.

ADMINISTRATIVE, TECHNICAL, AND PHYSICAL SAFEGUARDS:
    Hard copy records are maintained in a controlled facility, where 
physical entry is restricted by the use of locks, guards, and/or 
administrative procedures. Records are also maintained in VIEWS. Access 
to records is limited to those employees who require the records to 
perform their official duties consistent with the purpose for which the 
information was collected. All personnel whose official duties require 
access to the information are trained in the proper safeguarding and 
use of the information.

RECORD ACCESS PROCEDURES:
    Individuals seeking information on the existence and content of 
records in this system pertaining to them should contact the system 
manager in writing as indicated above. A request for access to records 
must contain the requester's full name, address, telephone number, be 
signed by the requester, and describe the records sought in sufficient 
detail to enable VA personnel to locate them with a reasonable amount 
of effort.

CONTESTING RECORD PROCEDURES:
    Individuals seeking to contest or amend records in this system 
pertaining to them should contact the system manager in writing as 
indicated above. A request to contest or amend records must state 
clearly and concisely what record is being contested, the reasons for 
contesting it, and the proposed amendment to the record.

NOTIFICATION PROCEDURES:
    Generalized notice is provided by the publication of this notice. 
For specific notice, see Record Access Procedure, above.

EXEMPTIONS PROMULGATED FOR THE SYSTEM:
    None.

HISTORY:
    74 FR 30361 (June 25, 2009).
[FR Doc. 2022-10844 Filed 5-19-22; 8:45 am]
BILLING CODE 8320-01-P
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