Federal Register / Vol. 73, No. 155 / Monday, August 11, 2008 / Notices 46713 

Affairs has exempted this system of 

records, to the extent that it 

encompasses information pertaining to 

criminal law-related activities, from the 

following provisions of the Privacy Act 

of 1974, as permitted by 5 U.S.C. 

552a(j)(2): 

5 U.S.C. 552a(c) (3) and (4) 

5 U.S.C. 552a(d) 

5 U.S.C. 552a(e) (1), (2) and (3) 

5 U.S.C. 552a(e)(4) (G), and (H) and (I) 

5 U.S.C. 552a(e) (5) and (8) 

5 U.S.C. 552a(f) 

5 U.S.C. 552a(g) 

The Secretary of Veterans Affairs has 

also exempted this system of records to 

the extent that it does not encompass 

information pertaining to criminal lawrelated activities under 5 U.S.C. 

552a(j)(2) from the following provisions 

of the Privacy Act of 1974, as permitted 

by 5 U.S.C. 552a(k)(2): 

5 U.S.C. 552a(c)(3) 

5 U.S.C. 552a(d) 

5 U.S.C. 552a(e)(1) 

5 U.S.C. 552a(e)(4) (G), (H) and (I) 

5 U.S.C. 552a(f) 

REASONS FOR EXEMPTIONS: 

The exemption of information and 

material in this system of records is 

necessary in order to accomplish the 

law enforcement functions of the Office 

of Inspector General, e.g., to prevent 

subjects of investigations from 

frustrating the investigatory process by 

discovering the scope and progress of an 

investigation, to prevent the disclosure 

of investigative techniques, to fulfill 

commitments made to protect the 

confidentiality of sources, to maintain 

access to sources of information and to 

avoid endangering these sources and 

law enforcement personnel. 

[FR Doc. E8–18505 Filed 8–8–08; 8:45 am] 

BILLING CODE 8320–01–P 

DEPARTMENT OF VETERANS 

AFFAIRS 

Privacy Act of 1974; System of 

Records 

AGENCY: Department of Veterans Affairs. 

ACTION: Notice of Amendment to System 

of Records, ‘‘Criminal Investigations—

VA’’. 

SUMMARY: As required by the Privacy 

Act of 1974, 5 U.S.C. 552a(e), notice is 

hereby given that the Department of 

Veterans Affairs (VA) is amending the 

system of records currently known as 

‘‘Investigation Reports of Persons 

Allegedly Involved in Irregularities 

Concerning VA Laws, Regulations, Etc.’’

(11VA51) as set forth in the Federal 

Register at 70 FR 76498. VA is 

amending the system of records by 

renaming the system, revising the 

Categories of Individuals Covered by the 

System, the Categories of Records in the 

System, the Purpose(s), the Routine 

Uses of Records Maintained in the 

System, including Categories of Users 

and the Purposes of Such Uses, and 

Policies and Practices for Storing, 

Retrieving, Accessing, Retaining and 

Disposing of Records in the System. VA 

is republishing the system notice in its 

entirety. 

DATES: Comments on the amendment of 

this system of records must be received 

not later than September 10, 2008. If no 

public comment is received, the 

amended system will become effective 

September 10, 2008. 

ADDRESSES: Written comments 

concerning the proposed amended 

system of records may be submitted by: 

Mail or hand-delivery to Director, 

Regulations Management (OOREG1), 

Department of Veterans Affairs, 810 

Vermont Avenue, NW., Room 1068, 

Washington, DC 20420; fax to (202) 

273–9026; or e-mail to 

VAregulations@va.gov. All 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) 273–9515 for 

an appointment. 

FOR FURTHER INFORMATION CONTACT: 

Timothy J. McGrath, Attorney Advisor, 

Department of Veterans Affairs, Office 

of Inspector General, 810 Vermont 

Avenue, NW., Washington, DC 20420; 

or fax comments to (202) 565–8667; or 

e-mail comments to 

timothy.mcgrath@va.gov. 

SUPPLEMENTARY INFORMATION: This 

publication is in accordance with the 

Privacy Act requirement that agencies 

publish their amended system of 

records in the Federal Register when 

there is revision, change, or addition. 

The VA Office of Inspector General 

(OIG) has reviewed its systems of 

records notices and has determined its 

record system, Investigation Reports of 

Persons Allegedly Involved in 

Irregularities Concerning VA Laws, 

Regulations, Etc., VA (11VA51) should 

be amended to reflect evolving 

technology and procedures and to 

conform to current practice. The system 

name is being changed to ‘‘Criminal 

Investigations’’ to more accurately 

reflect the mission of the OIG Office of 

Investigations and the records created. 

The Categories of Individuals Covered 

by the System is amended to include 

VA beneficiaries other than veterans, as 

well as private citizens whose actions 

affect or relate to programs and 

operations of VA. This section is 

amended slightly by adding some 

language to clarify those individuals 

who are or have been subjects of 

investigations or are those alleged to 

have violated criminal laws, either 

Federal or state either in performance of 

official duties or related to programs or 

operations of VA. 

The Categories of Records in the 

System is amended to clarify that the 

records include allegations of specific 

wrongdoing or crimes committed as 

well as case progress reports. In keeping 

with technological advances, 

information such as names, dates of 

birth, social security numbers, and 

home addresses of subjects are 

maintained in an electronic database 

instead of on file cards. 

This system of records is also 

amended by adding a Purposes section. 

The records are used for identifying 

criminal offenders and alleged 

offenders, identifying witnesses and 

documents relevant to the investigation 

of the allegations and compiling 

evidence to prove or disprove criminal 

conduct. The records and information 

are used in Federal and state grand jury 

proceedings, pretrial negotiations, plea 

agreements, pretrial diversions, court 

hearings, trials or other administrative 

action against the subject of the 

investigation. 

There are several changes made to the 

routine use disclosures. Former routine 

use numbers 1, 4, and 5 remain the 

same, and former routine use number 13 

is now renumbered as number 14. For 

clarity purposes former routine use 

numbers 2, 3, 6, 7, 8, 9, 10, 11 and 12 

are deleted in their entirety and new 

text is substituted. The text changes 

reflect new routine uses that are 

consistent with law as well as for the 

purposes for which the records are 

maintained. The proposed changes are 

as follows: 

Routine use number 1 remains the 

same and allows for disclosure of 

information from the record of an 

individual in response to an inquiry 

from a congressional office on behalf of 

that individual. 

Routine use number 2 is a new 

routine use and is added to reflect that 

disclosure may be made to the National 

Archives and Records Administration 

(NARA). NARA is responsible for 

archiving records no longer actively 

used but may be appropriate for 

preservation, and is responsible in 

general for the physical maintenance of 

the Federal government’s records. VA 

must be able to turn records over to 

NARA in order to determine the proper 

disposition of such records. 


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Routine use number 3 allows VA to 

disclose records to the U.S. Department 

of Justice. When VA is involved in 

litigation or an adjudicative or 

administrative process, or occasionally 

when another party is involved in 

litigation or an adjudicative or 

administrative process, and VA policies 

or operations could be affected by the 

outcome of the litigation or process, VA 

must be able to disclose that 

information to the court, adjudicative or 

administrative bodies, or parties 

involved. This routine use would not 

constitute authority to disclose records 

in response to a grand jury or other 

subpoena under Privacy Act subsection 

(b) because of 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). 

Routine use number 4 remains the 

same and allows disclosure of 

information to a Federal, state, or local 

agency maintaining civil or criminal 

violation records or other pertinent 

information such as prior employment 

history, prior Federal employment 

background investigations, and/or 

personal or educational information 

relevant to the hiring transfer, or 

retention of an employee, the letting of 

a contract, the granting of a security 

clearance, or the issuance of a grant or 

other benefit. 

Routine use number 5 remains the 

same and allows VA on its own 

initiative to disclose information, except 

names and 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, 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 the names and 

addresses of veterans and dependents to 

a Federal or state agency charged with 

the responsibility of investigating or 

prosecuting civil, criminal or regulatory 

violations. 

Routine use number 6 allows 

disclosure to attorneys representing 

clients who are subjects of criminal 

investigations. This routine use is 

necessary to allow VA to be able to 

provide information and records to 

attorneys representing subjects of 

criminal investigations, including 

veterans, Federal employees, retirees, 

volunteers, contractors or private 

citizens. 

Routine use number 7 allows 

disclosure to the Federal Labor 

Relations Authority (FLRA) (including 

its General Counsel) in connection with 

the investigation and resolution of 

allegations of unfair labor practices, in 

connection with the resolution of 

exceptions to arbitrator awards when a 

question of material fact is raised, in 

connection with matters before the 

Federal Service Impasses Panel, and to 

investigate representation petitions and 

conduct or supervise representation 

elections. This release of information to 

FLRA from this Privacy Act system of 

records is necessary to comply with the 

statutory mandate under which FLRA 

operates. This information is necessary 

to allow the FLRA to properly 

investigate and resolve allegations of 

unfair labor practices brought against 

VA. 

Routine use number 8 allows 

information to be disclosed to the Equal 

Employment Opportunity Commission 

(EEOC) in connection with 

investigations of alleged or possible 

discriminatory practices, examination of 

Federal affirmative employment 

programs, compliance with the Uniform 

Guidelines of Employee Selection 

Procedures, or other functions vested in 

the Commission by the President’s 

Reorganization Plan No. 1 of 1978. This 

disclosure is necessary to allow the 

EEOC access to relevant information. 

Routine use number 9 allows 

information to be disclosed to officials 

of the Merit Systems Protection Board, 

and the Office of Special Counsel, in 

connection with appeals, special studies 

of the civil service and other merit 

systems, reviews of rules and 

regulations, investigation of alleged or 

possible prohibited personnel practices, 

and such other functions, promulgated 

in Title 5, United States Code, Sections 

1205 and 1206, or as may be authorized 

by law. This disclosure is necessary to 

allow the MSPB and OSC access to 

relevant information when properly 

requested. 

Routine use number 10 allows 

disclosure of information, in the course 

of presenting evidence in or to a court, 

magistrate, administrative tribunal or 

grand jury, including disclosures to 

opposing counsel, in the course of such 

proceedings in order to further the 

interests of justice. 

Routine use number 11 allows 

information in this system of records to 

be disclosed to any source or person, 

either private or governmental, to the 

extent necessary to secure from such 

source or person information relevant 

to, and sought in furtherance of, a 

legitimate investigation, review, or 

inspection. 

Routine use number 12 allows 

disclosure to Federal, state, or local 

professional, regulatory, or disciplinary 

organizations, including but not limited 

to bar associations, state licensing 

boards, and similar professional entities, 

for use in disciplinary proceedings. This 

routine use is necessary so VA can 

appropriately provide information about 

a person’s conduct or actions, related to 

their employment, to an entity that 

regulates such conduct. 

Routine use number 13 allows 

disclosure of information to individuals 

or entities with which VA has a 

contract, subcontract, or agreement to 

perform services. VA must be able to 

provide information to its contractors or 

subcontractors in order for them to 

perform the services of the contract or 

agreement. 

Former routine use number 13 is now 

renumbered as routine use number 14. 

It allows disclosure of information to 

any official charged with responsibility 

to conduct qualitative assessment 

reviews of internal safeguards and 

management procedures employed in 

investigative operations. This routine 

use is necessary in order to comply with 

the requirements established by the 

Homeland Security Act of 2002 (Pub. L. 

107–296, Nov. 25, 2002), to allow 

disclosure to authorized officials within 

the President’s Counsel on Integrity and 

Efficiency, who are charged with the 

responsibility for conducting qualitative 

assessment reviews of investigative 

operations for purposes of reporting to 

the President and Congress on the 

activities of the OIG. 

Routine use number 15 is a suggested 

routine use by the Office of Management 

and Budget (OMB) for all Privacy Act 

systems of records, in order to allow for 

the appropriate mitigation of a possible 

data breach. 

The Policies and Practices for Storing, 

Retrieving, Accessing, Retaining and 

Disposing of Records in the System 

section is amended to more accurately 

reflect the advances in technology from 

solely a paper environment to an 

electronic one. Records and information 

are stored electronically in the VA OIG’s 

MCI database and servers. Backup 

records are stored on magnetic disc, 

tape and CD–ROM and may also be 

maintained in hard copy format in 

secure file folders. 

Storage: This section is amended to 

clarify that the particular Office of 

Investigations office that conducted the 

investigation maintains hard copies of 

the documents and information. That 

office will maintain all documents, 

evidence and work papers compiled or 

collected. Hard copies of reports and 

certain administrative documents are 

also maintained at OIG Headquarters. 

Records and documents are also 


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maintained electronically in the MCI 

database. 

Retrievability: This section is 

amended to reflect that information and 

records are now retrieved by MCI case 

number and the name of the subject of 

the investigation. Scanned documents, 

reports and other uploaded information 

that are made part of the electronic case 

file cannot be searched or retrieved from 

the MCI database as part of a general 

search. 

Safeguards: This section is amended 

to further describe the administrative, 

physical, and technical safeguards the 

OIG uses to protect records and 

information. 

Retention and Disposal: This section 

is amended to reflect that OIG follows 

retention and disposal authorities 

approved by the Archivist of the United 

States. 

Record Source Categories: This 

section is amended to reflect from 

whom information can be obtained. 

The Report of Intent to Amend a 

System of Records Notice 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 (OMB) as required by 5 

U.S.C. 552a(r) (Privacy Act) and 

guidelines issued by OMB (65 FR 

77677), December 12, 2000. 

Approved: July 24, 2008. 

Gordon H. Mansfield, 

Deputy Secretary of Veterans Affairs. 

11VA51 

SYSTEM NAME: 

Criminal Investigations (11VA51). 

SYSTEM LOCATION: 

Department of Veterans Affairs (VA), 

Office of Inspector General (OIG), Office 

of Investigations (51), Washington, DC 

20420. 

CATEGORIES OF INDIVIDUALS COVERED BY THE

SYSTEM: 

The following categories of 

individuals will be covered by the 

system: (1) Employees, (2) veterans and 

other VA beneficiaries, and (3) private 

citizens, such as contractors, who 

conduct official business with the VA, 

or private citizens whose actions affect 

or relate to the programs and operations 

of VA. The individuals who are or have 

been the subjects of investigations are 

those alleged to have violated criminal 

laws, either Federal or state, either in 

the performance of their official duties 

or related to the programs and 

operations of VA. 

CATEGORIES OF RECORDS IN THE SYSTEM: 

Records (or information contained in 

records) in this system include reports 

of criminal investigations of the OIG, 

Office of Investigations. These reports 

may include (1) A narrative summary or 

synopsis, (2) allegations of specific 

wrongdoing or crimes committed, (3) 

progress reports, (4) exhibits or 

attachments to the reports, (5) internal 

documentation and memoranda, and (6) 

affidavits or sworn statements. The 

name of the subject of an investigation, 

his or her title, his or her date of birth, 

his or her social security number, his or 

her home address, the station at which 

an investigation took place, the OIG’s 

case number, the time period the 

investigation took place, and the 

outcome of the case are maintained in 

an electronic database and in hard copy 

files. 

AUTHORITY FOR MAINTENANCE OF THE SYSTEM: 

Title 5, United States Code, Appendix 

3. 

PURPOSES(S): 

The records and information are used 

for the purpose of identifying individual 

criminal offenders and alleged 

offenders, identifying witnesses and 

documents relevant to the investigation 

of the allegations, and compiling 

evidence to prove or disprove criminal 

conduct. The records and information in 

the system are used in Federal and state 

grand jury proceedings, pre-trial 

negotiations, plea agreements, pre-trial 

diversions, court hearings and trials. 

The records and information in the 

system may also be used in 

administrative proceedings when 

administrative action is taken against 

the subject of the investigation. 

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 that is 

made at the request of that individual. 

2. Disclosure may be made to the 

National Archives and Records 

Administration (NARA) in records 

management activities and inspections 

conducted under authority of Title 44, 

United States Code. 

3. Disclosure may be made to the 

Department of Justice including United 

States Attorneys, or in a proceeding 

before a court, adjudicative body, or 

other administrative body when the 

litigation or adjudicative or 

administrative process is likely to affect 

VA, its employees, or any of its 

components, or when VA, its 

employees, or any of its components is 

a party to the litigation process, or has 

an interest in the litigation or process 

and the use of these records is deemed 

by VA to be relevant and necessary to 

the litigation or process, provided that 

the disclosure is compatible with the 

purpose for which the records were 

collected. 

4. Any information in this system, 

except the name and address of a 

veteran, may be disclosed to a Federal, 

state, or local agency maintaining civil 

or criminal violation records or other 

pertinent information such as prior 

employment history, prior Federal 

employment background investigations, 

and/or personal or educational 

background in order for VA to obtain 

information relevant to the hiring, 

transfer, or retention of an employee, 

the letting of a contract, the granting of 

a security clearance, or the issuance of 

a grant or other benefit. The name and 

address of a veteran may be disclosed to 

a Federal agency under this routine use 

if this information has been requested 

by the Federal agency in order to 

respond to the VA inquiry. 

5. VA may disclose on its own 

initiative any 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 

dependents to a Federal or state 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. 

6. To assist attorneys in representing 

their clients, any information in this 

system may be disclosed to attorneys 

representing subjects of criminal 

investigations, including veterans, 

Federal government employees, retirees, 

volunteers, contractors, subcontractors, 

or private citizens, except where VA has 

decided release is inappropriate under 

Title 5, United States Code, Section 

552a(j) and (k). 

7. Disclosure of information to the 

Federal Labor Relations Authority 

(FLRA), including its General Counsel, 

in connection with the investigation and 


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resolution of allegations of unfair labor 

practices, in connection with the 

resolution of exceptions to arbitrator 

awards when a question of material fact 

is raised, in connection with matters 

before the Federal Service Impasses 

Panel, and to investigate representation 

petitions and conduct or supervise 

representation elections. 

8. Information may be disclosed to the 

Equal Employment Opportunity 

Commission in connection with 

investigations of alleged or possible 

discriminatory practices, examination of 

Federal affirmative employment 

programs, compliance with the Uniform 

Guidelines of Employee Selection 

Procedures, or other functions vested in 

the Commission by the President’s 

Reorganization Plan No. 1 of 1978. 

9. Information may be disclosed to 

officials of the Merit Systems Protection 

Board, and the Office of Special 

Counsel, if properly requested, in 

connection with appeals, special studies 

of the civil service and other merit 

systems, reviews of rules and 

regulations, investigation of alleged or 

possible prohibited personnel practices, 

and such other functions, promulgated 

in Title 5, United States Code, Sections 

1205 and 1206, or as may be authorized 

by law. 

10. Any information in this system of 

records may be disclosed, in the course 

of presenting evidence in or to a court, 

magistrate, administrative tribunal, or 

grand jury, including disclosures to 

opposing counsel in the course of such 

proceedings or in settlement 

negotiations. 

11. Any information in this system 

may be disclosed to any source or 

person, either private or governmental, 

to the extent necessary to secure from 

such source or person information 

relevant to, and sought in furtherance 

of, a legitimate investigation, review, or 

inspection. 

12. Any information in this system, 

except the name and address of a 

veteran, may be disclosed to Federal, 

state, or local professional, regulatory, 

or disciplinary organizations or 

associations, including but not limited 

to bar associations, state licensing 

boards, and similar professional entities, 

for use in disciplinary proceedings and 

inquiries preparatory thereto, where VA 

determines that there is good cause to 

question the legality or ethical propriety 

of the conduct of a person employed by 

VA or a person representing a person in 

a matter before VA. The name and 

address of a veteran may be disclosed to 

a Federal agency under this routine use 

if this information has been requested 

by the Federal agency in order to 

respond to the VA inquiry. 

13. VA may disclose information to 

individuals, organizations, private or 

public agencies, or other entities with 

which 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. 

14. A record may be disclosed to any 

official charged with the responsibility 

to conduct qualitative assessment 

reviews of internal safeguards and 

management procedures employed in 

investigative operations. This disclosure 

category includes members of the 

President’s Council on Integrity and 

Efficiency and officials and 

administrative staff within their 

investigative chain of command, as well 

as authorized officials of the Department 

of Justice and the Federal Bureau of 

Investigation. 

15. Disclosure of any information 

within this system may be made when 

it is suspected or confirmed that the 

security or confidentiality of 

information in the system or records has 

been compromised and VA has 

determined that as a result of the 

suspected or confirmed compromise 

there is a risk of harm to economic or 

property interest, identity theft or fraud, 

or harm to the security or integrity of 

this system or other systems or 

programs (whether maintained by VA or 

another agency or entity) that rely upon 

the compromised information; and the 

disclosure is made to such agencies, 

entities, and persons who are reasonably 

necessary to assist in connection with 

VA’s efforts to respond to the suspected 

or confirmed compromise and prevent, 

minimize, or remedy such harm. 

POLICIES AND PRACTICES FOR STORING, 

RETRIEVING, ACCESSING, RETAINING, AND

DISPOSING OF RECORDS IN THE SYSTEM: 

Records and information are stored 

electronically in the VA OIG’s MCI 

(Master Case Index) databases and 

servers at the OIG’s headquarters office 

at 801 I Street, NW., Washington, DC 

20420, in the OIG’s Information 

Technology Division. Backup records 

are stored on magnetic disc, tape and 

CD–ROM and may also be retained in 

hard copy format in secure file folders. 

Office of Investigations personnel are 

responsible for electronically inputting 

records and information into the MCI 

database. Hard copies of records and 

information are discussed in the storage 

section below. Access to electronic 

records is limited to Office of 

Investigations personnel and certain 

other OIG employees with an official 

need to know the information in the 

course of their official duties. 

STORAGE: 

Hard copies of documents and 

information are maintained by the OIG 

Office of Investigations office that 

conducts the investigation. The office 

that conducts the investigation will 

maintain all documents, evidence, and 

work papers compiled or collected in 

the course of the investigation. Hard 

copies of reports and attachments and 

certain administrative documents are 

also maintained at OIG headquarters. 

Records and documents are also 

maintained electronically in the MCI 

database. 

RETRIEVABILITY: 

Information and records are retrieved 

by MCI case number and the name of 

the subject of the investigation. Scanned 

documents, reports and other uploaded 

information that are made part of the 

electronic file cannot be searched or 

retrieved from the MCI database as part 

of a general search. 

SAFEGUARDS: 

Information in the system is protected 

from unauthorized access through 

administrative, physical, and technical 

safeguards. Access to the hard copy and 

computerized information is restricted 

to authorized OIG personnel on a needto-know basis. Hard copy records are 

maintained in offices that are restricted 

during work hours, or are locked after 

duty hours. The headquarters building 

is protected by security guards and 

access is restricted during non-duty 

hours. Access to the computerized 

information is limited to VA OIG 

employees by means of passwords and 

authorized user identification codes. 

Computer system documentation is 

maintained in a secure environment in 

the OIG, VA Central Office. 

RETENTION AND DISPOSAL: 

Records will be maintained and 

disposed of in accordance with a 

records disposition authority approved 

by the Archivist of the United States. 

SYSTEM MANAGER(S) AND ADDRESS: 

Assistant Inspector General for 

Investigations (51), Department of 

Veterans Affairs, Office of Inspector 

General, 810 Vermont Avenue, NW., 

Washington, DC 20420. 

NOTIFICATION PROCEDURE: 

An individual who wishes to 

determine whether a record is being 

maintained by the Assistant Inspector 

General for Investigations under his or 

her name in this system or wishes to 

determine the contents of such records 


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should submit a written request to the 

Assistant Inspector General for 

Investigations (51), at the address listed 

in the preceding paragraph. However, a 

majority of records in this system are 

exempt from the notification 

requirement under 5 U.S.C. 552a(j) and 

(k). To the extent that records in this 

system of records are not subject to 

exemption, they are subject to 

notification. A determination as to 

whether an exemption applies shall be 

made at the time a request for 

notification is received. 

RECORD ACCESS PROCEDURES: 

An individual who seeks access to or 

wishes to contest records maintained 

under his or her name in this system 

must submit a written request to the 

Assistant Inspector General for 

Investigations (51). However, a majority 

of records in this system are exempt 

from the record access and contesting 

requirements under 5 U.S.C. 552a(j) and 

(k). To the extent that records in this 

system of records are not subject to 

exemption, they are subject to access 

and contest. A determination as to 

whether an exemption applies shall be 

made at the time a request for access or 

contest is received. 

CONTESTING RECORD PROCEDURES: 

(See record access procedures above.) 

RECORD SOURCE CATEGORIES: 

Information is obtained from VA 

employees, veterans, private citizens, 

VA records, private entities, and 

congressional, Federal, state, and local 

offices or agencies. 

SYSTEMS EXEMPTED FROM CERTAIN PROVISIONS

OF THE ACT: 

Under 5 U.S.C. 552a(j)(2), the head of 

any agency may exempt any system of 

records within the agency from certain 

provisions of the Privacy Act, if the 

agency or component that maintains the 

system performs as its principal 

function any activities pertaining to the 

enforcement of criminal laws. The 

Inspector General Act of 1978, Public 

Law 95–452, (IG Act) mandates the 

Inspector General to recommend 

policies for, and to conduct, supervise 

and coordinate activities in the 

Department of Veterans Affairs (VA) and 

between VA and other Federal, state, 

and local governmental agencies with 

respect to all matters relating to the 

prevention and detection of fraud in 

programs and operations administered 

or financed by VA and the identification 

and prosecution of participants in such 

fraud. Under the IG Act, whenever the 

Inspector General has reasonable 

grounds to believe there has been a 

violation of Federal criminal law, the 

Inspector General must report the matter 

expeditiously to the Attorney General. 

This system of records has been created 

in major part to support the criminal 

law-related activities assigned by the 

Inspector General to the Office of 

Investigations. These activities 

constitute the principal function of this 

staff. In addition to principal functions 

pertaining to the enforcement of 

criminal laws, the Inspector General 

may receive and investigate complaints 

or information from various sources 

concerning the possible existence of 

activities constituting noncriminal 

violations of law, rules or regulations, or 

mismanagement, gross waste of funds, 

abuses of authority or substantial and 

specific danger to the public and safety. 

This system of records also exists to 

support inquiries by the Assistant 

Inspector General for Investigations into 

these noncriminal violation types of 

activities. Based upon the foregoing, the 

Secretary of Veterans Affairs has 

exempted this system of records, to the 

extent that it encompasses information 

pertaining to criminal law-related 

activities, from the following provisions 

of the Privacy Act of 1974, as permitted 

by 5 U.S.C. 552a(j)(2): 

5 U.S.C. 552a(c)(3) and (4); 

5 U.S.C. 552a(d); 

5 U.S.C. 552a(e)(1), (2) and (3); 

5 U.S.C. 552a(e)(4)(G), (H) and (I); 

5 U.S.C. 552a(e)(5) and (8); 

5 U.S.C. 552a(f); 

5 U.S.C. 552a(g). 

The Secretary of Veterans Affairs has 

exempted this system of records, to the 

extent that it does not encompass 

information pertaining to criminal lawrelated activities under 5 U.S.C. 

552a(j)(2), from the following provisions 

of the Privacy Act of 1974, as permitted 

by 5 U.S.C. 552a(k)(2): 

5 U.S.C. 552a(c)(3); 

5 U.S.C. 552a(d); 

5 U.S.C. 552a(e)(1); 

5 U.S.C. 552a(e)(4)(G), (H) and (I); 

5 U.S.C. 552a(f). 

REASONS FOR EXEMPTIONS: 

The exemption of information and 

material in this system of records is 

necessary in order to accomplish the 

law enforcement functions of the Office 

of Inspector General, to prevent subjects 

of investigations from frustrating the 

investigatory process, to prevent the 

disclosure of investigative techniques, 

to fulfill commitments made to protect 

the confidentiality of sources, to 

maintain access to sources of 

information, and to avoid endangering 

these sources and law enforcement 

personnel. 

[FR Doc. E8–18518 Filed 8–8–08; 8:45 am] 

BILLING CODE 8320–01–P 


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