[Federal Register Volume 74, Number 121 (Thursday, June 25, 2009)]
[Notices]
[Pages 30361-30364]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E9-14965]


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DEPARTMENT OF VETERANS AFFAIRS


Privacy Act of 1974; System of Records

AGENCY: Department of Veterans Affairs (VA).

ACTION: Notice of amendment to system of records.

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SUMMARY: As required by the Privacy Act of 1974 (5 U.S.C. 552a(e)(4)), 
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),'' as set forth in the Federal 
Register on August 29, 1989. 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.

DATES: Comments on the amendment of this system of records must be 
received no later than July 27, 2009. If no public comment is received, 
the amended system will become effective July 27, 2009.

ADDRESSES: Written comments may be submitted through http://www.Regulations.gov; by mail or hand-delivery to the Director, 
Regulations Management (02REG), Department of Veterans Affairs, 810 
Vermont Avenue, NW., Room 1068, Washington, DC 20420; or by fax to 
(202) 273-9026. Comments should indicate that they are submitted in 
response to the

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amendment of ``Department of Veterans Affairs Secretary's Official 
Correspondence Records-VA'' (75VA001B). 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-
4902 for an appointment. In addition, during the comment period, 
comments may be viewed online through the Federal Docket Management 
System (FDMS) at http://www.Regulations.gov.

FOR FURTHER INFORMATION CONTACT: Gemma Button, Deputy Executive 
Secretary, Office of the Executive Secretary, Office of the Secretary, 
Department of Veterans Affairs, 810 Vermont Avenue, NW., Washington, DC 
20420; (202) 461-4869.

SUPPLEMENTARY INFORMATION: A Notice to amend this System of Records was 
published in the Federal Register of August 29, 1989 (75VA001B).

I. Description of the System of Records

    This System of Records, now known as ``Department of Veterans 
Affairs Secretary's Official Correspondence Records-VA,'' is the 
Secretary's Official Correspondence Records, which include 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 which 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.
    Current routine use number 1 is amended to more accurately 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. This amendment clarifies that a 
written request is required.
    Current routine use number 2 is deleted in its entirety and the 
information contained therein is clarified with the addition of routine 
use number 6.
    New routine uses number 2 through number 7 are added. New routine 
use number 2 addresses disclosure to the National Archives and Records 
Administration in records management inspections conducted under 
authority of title 44 U.S.C.
    New routine use number 3 addresses disclosure of information in 
legal proceedings and to the Department of Justice. In determining 
whether to disclose records under this routine use, VA will comply with 
the guidance promulgated by the Office of Management and Budget (OMB) 
in a May 24, 1985, memorandum entitled: ``Privacy Act Guidance--
Update'' currently posted at: http://www.whitehouse.gov/omb/inforeg/guidance1985.pdf.
    New routine use number 4 addresses the disclosure of relevant 
information to individuals, organizations, private or public agencies, 
or other entities with which VA has a contract or agreement.
    New routine use number 5 addresses that VA may disclose information 
in the system, except the names and home addresses of veterans and 
their dependents, that is relevant to a suspected or reasonably 
imminent violation of the law. 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.
    New routine use number 6 addresses when VA may disclose to other 
Federal agencies to assist such agencies in preventing and detecting 
possible fraud or abuse by individuals in their operations and 
programs.
    New routine use number 7 addresses the circumstances, and to whom, 
VA may disclose records to respond to, and minimize possible harm to, 
individuals as a result of a data breach. This routine use is 
promulgated to meet VA's statutory duties under 38 U.S.C. 5724 and The 
Privacy Act, 5 U.S.C. 552a, as amended.

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.
    The notice of intent to publish an advance copy of the system 
notice has 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: June 9, 2009.
John R. Gingrich,
Chief of Staff, Department of Veterans Affairs.
System Number
    75VA001B

System Name:
    ``Department of Veterans Affairs Secretary's Official 
Correspondence Records-VA''

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. Copies of some documents may be located in other 
offices throughout VACO and occasionally at field facilities, i.e. 
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; etc. Address 
locations for VA field facilities are listed in Appendix 1 of the 
biennial publication of the VA Privacy Act Issuances.

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

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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, e-mail 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. Information provided may include personal information.

Authority for Maintenance of the System:
    Title 38, United States Code, section 501.

Purpose:
    To permit VA to identify individuals and/or organizations who have 
submitted correspondence or documents to VA. The System of Records also 
contains documents generated within VA which may contain the names, 
addresses and other identifying information of individuals who conduct 
business with VA.

Routine Uses of Records Maintained in the System, Including Categories 
of Users and the Purposes of Such Users:
    1. The record of an individual who is covered by a system of 
records may be disclosed to a Member 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.
    2. Disclosure may be made to the National Archives and Records 
Administration in records management inspections conducted under 
authority of title 44 U.S.C.
    3. VA may disclose information from this system of records to the 
Department of Justice (DoJ), either on VA's initiative or in response 
to DoJ's request for the information, after either VA or DoJ determines 
that such information is relevant to DoJ's representation of the United 
States or any of its components in legal proceedings before a court or 
adjudicative body, provided that, in each case, the agency also 
determines prior to disclosure that release of the records to 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.
    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 the 
system, except the names and home addresses of veterans and their 
dependents, that is relevant to a suspected or reasonably imminent 
violation of the 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 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 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.
    7. VA may, on its own initiative, disclose any information or 
records 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 (have already determined this 
does not make sense; see my possible solution in the preamble). This 
routine use permits disclosures by the Department to respond to a 
suspected or confirmed data breach, including the conduct of any risk 
analysis or provision of credit protection services as provided in 38 
U.S.C. 5724, 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:
    (a) Storage:
    Records are maintained on paper in the Office of the Executive 
Secretary (001B), Department of Veterans Affairs, 810 Vermont Avenue, 
NW., Washington, DC 20420.
    (b) Retrievability:
    Records are maintained by subject and unique number generated by an 
automated system. In addition, records for Members of Congress are 
maintained in alphabetical order by last name.
    (c) 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. 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.
    (d) Retention and Disposal:
    Records will be maintained and disposed of, in accordance with 
records disposition authority, approved by the Archivist of the United 
States.
    System Manager(s) and Addresses:
    Gemma Button, Deputy Executive Secretary, Office of the Executive 
Secretary (001B), Office of the Secretary, Department of Veterans 
Affairs, 810 Vermont Avenue, NW., Washington, DC 20420.

Notification Procedures:
    Individuals seeking to determine whether this System of Records 
contains information about them should address written inquiries to the 
Office of the Executive Secretary (001B), Department of Veterans 
Affairs, 810 Vermont Avenue, NW., Washington, DC 20420.

Record Access Procedure:
    Individuals seeking access to or contesting the contents of records 
about themselves contained in this System of Records should address a 
written

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request, including full name, address and telephone number to the 
Office of the Executive Secretary (001B), Department of Veterans 
Affairs, 810 Vermont Avenue, NW., Washington, DC 20420.

Contesting Record Procedures:
    (See record access procedures above.)

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.

Exemptions Claimed for the System:
    There are no exemptions being claimed for this system.
[FR Doc. E9-14965 Filed 6-24-09; 8:45 am]
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