[Federal Register Volume 73, Number 229 (Wednesday, November 26, 2008)]
[Notices]
[Pages 72121-72123]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E8-28197]


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DEPARTMENT OF VETERANS AFFAIRS


Privacy Act of 1974

AGENCY: Department of Veteran Affairs.

ACTION: Notice of amendment to an existing 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 ``Individual Correspondence Records--VA'' (05VA026) as set 
forth in the Federal Register on January 13, 1982 [47 FR 1462]. VA is 
amending the system by revising the routine uses of records maintained 
in the system, and adding seven new routine uses. VA is also making 
minor editorial changes to reflect the transition of Office of General 
Counsel from District Offices to Regional Offices, and to revise the 
list of those covered by the system of records to reflect current OGC 
correspondence. VA is republishing the system notice in its entirety.

DATES: Interested persons are invited to submit comments, suggestions, 
or objections regarding these changes. To assure consideration, written 
comments on this revised system of records must be postmarked no later 
than December 26, 2008, and written comments hand delivered to the 
Department and comments submitted electronically must be received as 
provided below, no later than 5 p.m. Eastern Time on December 26, 2008. 
If no public comment is received, the system will become effective 
December 26, 2008.

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 Ave., 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) 461-4902 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: Susan Sokoll, Privacy Officer, (202) 
461-7623, Office of the General Counsel (026C), Department of Veterans 
Affairs, 810 Vermont Avenue, NW., Washington, DC 20420.

SUPPLEMENTARY INFORMATION: The system of records, ``Individual 
Correspondence Records--VA'' (05VA026), was amended January 13, 1982, 
at 47 FR 1462.

I. Description of the System of Records

    ``Individual Correspondence Records--VA'' contains letters written 
by veterans, beneficiaries of veterans, dependents of veterans, non-
profit organizations, businesses, attorneys, and other individuals, to 
Office of General Counsel (OGC). These files contain the initial 
inquiry, subsequent information, all supporting documents from whatever 
source, and the response or opinion of the OGC attorney answering the 
inquiry.

II. Proposed Amendments to Routine Use Disclosures of Data in the 
System

    VA is amending, deleting, rewriting and reorganizing the order of 
the routine uses in this system of records. Accordingly, the following 
changes are made to the current routine uses and are incorporated into 
the amended system of records notice.
    The wording for current routine use 1 was revised.
    Current routine uses 2 through 4 are being combined and revised 
into new routine use 4. This routine use is amended to more accurately 
reflect the conditions under which VA, on its own initiative, may 
disclose information from this system of records for law enforcement 
purposes.
    New routine use number 2 is being added to authorize disclosure to 
the National Archives and Records Administration and General Services 
Administration for records management inspections conducted under 
authority of Title 44, Chapter 29, of the United States Code.
    New routine use 3 is added to reflect VA's authorization to 
disclose individually-identifiable information to contractors or other 
entities that will provide services to VA for which the recipient needs 
that information in order to perform the services.
    Current routine use number 5 is being renumbered as routine use 
number 10. New routine use 5 is added to state when VA may disclose 
information in legal proceedings, and when VA may disclose information 
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.
    VA is adding a new routine use 6 that authorizes the circumstances, 
and to whom, VA may disclose records in order to respond to, and 
minimize possible harm to, individuals as a result of a data breach. 
This routine use is promulgated in order to meet VA's statutory duties 
under 38 U.S.C. 5724 and the Privacy Act, 5 U.S.C. 552a, as amended.
    VA is adding new routine use 7 to disclose information to the Merit 
Systems Protection Board or the Office of Special Counsel, where 
officials of those agencies determine, or VA determines the disclosure 
is necessary to perform duties imposed by 5 U.S.C. sections 1205 and 
1206, or as may be authorized by law.
    VA is adding new routine use 8 to disclose information 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 or regulation.
    VA is adding new routine use 9 to disclose information to the 
Federal Labor Relations Authority, where officials of those agencies 
determine, or VA determines the disclosure is necessary to perform 
duties imposed by the enabling statutes and legislation of that agency.

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 provisions of the 
Privacy Act of 1974.

[[Page 72122]]

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 for which the information was 
collected. VA has determined that the disclosure of information for the 
above purposes in the proposed amendment to routine uses is a proper 
and necessary use of the information collected by the Claimant Private 
Relief Legislative Files.
    The report 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 (OMB) as 
required by 5 U.S.C. 552a(r) (Privacy Act) and guidelines issued by OMB 
(65 FR 77677), December 12, 2000.

    Approved: November 7, 2008.
Gordon H. Mansfield,
Deputy Secretary of Veterans Affairs.

SYSTEM NAME:
    Individual Correspondence Records--VA (05VA026)

SYSTEM LOCATION:
    This system of records is located in the Office of the General 
Counsel (OGC), Professional Staff Group VI (026), U.S. Department of 
Veterans Affairs (VA), 810 Vermont Avenue, NW., Washington, DC 20420, 
and at the Regional Counsel Offices. Addresses for Regional Counsel 
Offices may be obtained from the above-mentioned General Counsel Office 
address.

CATEGORIES OF INDIVIDUALS COVERED BY THE SYSTEM:
    The following categories of individuals and business entities are 
covered by this system: (1) Veterans; (2) Beneficiaries of Veterans; 
(3) Dependents of Veterans; (4) Non-Veterans; (5) Employees; (6) 
Attorneys; (7) Businesses; and (8) Non-Profit Organizations. These 
persons and groups are those who write to Office of General Counsel 
with questions or requesting information.

CATEGORIES OF RECORDS IN THE SYSTEM:
    Records in this system contain the original incoming letter, any 
attachments to the letter provided by the requestor, research and 
background material compiled by the OGC or Regional Counsel attorney as 
backup for the response to the inquiry, and the actual response or 
opinion. The incoming letter will contain the name and address of the 
requestor, and may contain medical information, Social Security Number, 
VA Claim Number, financial information, or copies of personal papers.

AUTHORITY FOR MAINTENANCE OF THE SYSTEM:
    Title 38, United States Code, Section 311.

PURPOSE(S):
    This system documents the response of Office of General Counsel and 
the Regional Counsel Offices to respond to inquiries from outside the 
government.

ROUTINE USES OF RECORDS MAINTAINED IN THE SYSTEMS, INCLUDING CATEGORIES 
OF USERS AND THE PURPOSES OF SUCH USES:
    1. VA may disclose information to a congressional office in 
response to an inquiry from the congressional office on behalf of and 
at the request of that individual.
    2. VA may disclose information to the National Archives and Records 
Administration (NARA) and the General Services Administration (GSA) as 
required to comply with statutory requirements to disclose information 
to NARA and GSA for them to perform their statutory records management 
activities and inspections under authority of title 44, Chapter 29, of 
the United States Code.
    3. VA may disclose information to individuals, organizations, 
private or public agencies, other entities 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 individuals 
with whom VA has contract or agreement. This routine use includes 
disclosures by the individual or entity performing the service for VA 
to any secondary entity or individual to perform an activity that is 
necessary for individuals, organizations, private or public agencies, 
or other entities or individuals with whom VA has a contract or 
agreement to provide the service to VA.
    4. VA may disclose on its own initiative any information in this 
system, except the names, home addresses or other personally 
identifiable information 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.
    5. VA may provide Department of Justice (DoJ) with information 
needed to represent the United States in litigation. VA may also 
disclose the information for this purpose in proceedings in which DoJ 
is not representing the Agency.
    6. 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 
reputation 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 of 
programs (whether maintained by the Department or another agency or 
entity) that rely upon 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 provision of credit protection services or any risk 
analysis services when necessary to respond to, and if necessary, 
mitigate damages that might arise from a data breach involving data 
covered by this system of records.
    7. VA may disclose information to officials of the Merit Systems 
Protection Board or the Office of 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. sections 1205 and 1206, or as may be 
authorized by law.
    8. VA may disclose information to the Equal Employment Opportunity 
Commission when requested in connection with investigations of alleged 
or possible discriminatory practices, examination of Federal

[[Page 72123]]

affirmative employment programs, or for other functions of the 
Commission as authorized by law or regulation.
    9. VA may disclose to the Federal Labor Relations Authority 
(including its General Counsel) information related to the 
establishment of jurisdiction, the investigation and resolution of 
allegations of unfair labor practices, or information in connection 
with the resolution of exceptions to arbitration awards when a question 
of material fact is raised; to disclose information in matters properly 
before the Federal Services Impasses Panel, and to investigate 
representation petitions and conduct or supervise representation 
elections.
    10. Any information in this system from correspondence or inquiries 
sent to the VA may be disclosed to State or Federal agencies at the 
request of the correspondent or inquirer in order for those agencies to 
help the correspondent with his or her problem. The information 
disclosed may include the name and address of the correspondent or 
inquirer and details concerning the nature of the problem specified in 
the correspondence.

POLICIES AND PRACTICES FOR STORING, RETRIEVING, ACCESSING, RETAINING, 
AND DISPOSING OF RECORDS IN THE SYSTEM:
Storage:
    Records are maintained in individual file folders on shelves in the 
OGC law library or in the Regional Counsel Office.

Retrievability:
    Records filed by the last name of the individual(s) or 
organization(s) covered by the system of records.

Safeguards:
    Records are maintained in a manned room during working hours. 
During nonworking hours, the file area is locked, and the building is 
protected by uniformed guards. Access to the records is only authorized 
to VA personnel on a ``need to know'' basis.

Retention and Disposal:
    OGC correspondence records prior to 1975 relating to a veteran 
which result in a legal opinion have been placed on microfiche. The 
paper records are currently stored in the Washington National Records 
Center, and the microfiche is stored in the OGC Law Library. Records 
are maintained in the Office of General Counsel and the Regional 
Counsel Offices for a period of three years. After three years, general 
correspondence records are destroyed [Records Control Schedule N-15-06-
2, Item 1].

System Manager(s) and Address(es):
    Assistant General Counsel, Professional Staff Group VI (026), 
Office of General Counsel, United States 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 personal 
identifier, or wants to determine the contents of such record, should 
submit a written request to the Assistant General Counsel, Professional 
Staff Group VI (026), Office of General Counsel, U.S. Department of 
Veterans Affairs, 810 Vermont Avenue, NW., Washington, DC 20420. Such 
requests must contain a reasonable description of the records 
requested. All inquiries must reasonably identify the information 
involved and should include the individual's full name, return address, 
and telephone number.

Record Access Procedures:
    Individuals seeking information regarding access to VA information 
maintained by the Office of General Counsel may send a request by mail 
to the Assistant General Counsel, Professional Staff Group VI (026), 
Office of the General Counsel, Department of Veterans Affairs, 810 
Vermont Avenue, NW., Washington, DC 20420, or may send a fax to the 
Assistant General Counsel, Professional Staff Group VI, 1-202-273-6645.

Contesting Record Procedures:
    Individuals seeking information regarding contesting or amending VA 
information maintained by the Office of General Counsel may send a 
request by mail to the Assistant General Counsel, Professional Staff 
Group VI (026), Office of the General Counsel, Department of Veterans 
Affairs, 810 Vermont Avenue, NW., Washington, DC 20420, or may send a 
fax to the Assistant General Counsel, Professional Staff Group VI, 1-
202-273-6645.

Records Source Categories:
    Veterans, beneficiaries and dependents of veterans, employees, 
business, and non-profit organizations.

Exemptions Claimed for the System:
    None.

[FR Doc. E8-28197 Filed 11-25-08; 8:45 am]
BILLING CODE 8320-01-P