[Federal Register Volume 74, Number 49 (Monday, March 16, 2009)]
[Notices]
[Pages 11182-11185]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E9-5596]


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DEPARTMENT OF VETERANS AFFAIRS


Privacy Act of 1974; System of Records

AGENCY: Department of Veterans 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 ``Litigant, Tort Claimant, EEO Complainant and Third Party 
Recovery Files--VA'' (16VA026) as set forth in full in the Federal 
Register on January 13, 1982 [47 F.R. 1463]. This system was 
subsequently amended in the Federal Register on April 25, 1983 [48 F.R. 
17687] to add several new routine uses.
    VA is amending the system by revising the routine uses of records 
maintained in the system, combining three existing uses into one, 
deleting five old routine uses, and adding five new routine uses. The 
name of system of records is being changed to ``Litigation Files--VA'' 
to more closely encompass the complete scope of matters handled in VA 
litigation and administrative investigations carried out by OGC 
attorneys. This system contains records of Merit System Protection 
Board (MSPB) and Federal Labor Relations Authority (FLRA) disputes, 
contract litigation, Privacy Act and Freedom of Information Act 
litigation at the appellate level as well as EEO disputes, torts, and 
third party litigation. 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 April 15, 2009, 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 April 15, 2009. If 
no public comment is received, the system will become effective April 
15, 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 Ave., NW., Room 1068, Washington, DC 20420; or by fax to (202) 
273-9026; or e-mail to ``[email protected].'' 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 (026H), Department of Veterans 
Affairs, 810 Vermont Avenue, NW., Washington, DC 20420.

SUPPLEMENTARY INFORMATION:
    The system of records, ``Litigation Files--VA'' (16VA026), was 
amended and published in full January 13, 1982, at 47 Federal Register 
1460. A subsequent amendment on April 25, 1983, at 48 Federal Register 
17687, involved publication of proposed new routine uses.

I. Description of the System of Records

    The VA Litigation Files contain the working files for OGC attorneys 
representing the agency in cases involving torts, contracts, personnel 
and labor issues, patents, real and intellectual property, Veterans' 
benefits and claims, and administrative investigations.

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.
    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 the General 
Services Administration in 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 uses 5 through 8 are maintained as they are. 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 9 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

[[Page 11183]]

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 moving existing routine use 9 to routine use 12. This routine 
use allows VA 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 11 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 13 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.
    Existing routine uses 11 through 15 have been eliminated as they no 
longer are legally valid.

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. 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 
Litigation 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: February 24, 2009.
John R. Gingrich,
Chief of Staff, Department of Veterans Affairs.

SYSTEM NAME:
    Litigation Files--VA (16VA026).

SYSTEM LOCATION:
    The system of records is located in the Office of the General 
Counsel, Professional Staff Group VI (026), U.S. Department of Veterans 
Affairs (VA), 810 Vermont Avenue, NW., Washington, DC 20420.

CATEGORIES OF INDIVIDUALS COVERED BY THE SYSTEM:
    The following categories of individuals are covered by this system: 
(1) Veterans; (2) their beneficiaries and their dependents; (3) VA 
employees; (4) insurance companies; (5) business entities; (6) Veteran 
Service Organizations; (7) attorneys representing litigants; and (8) 
other litigants.

CATEGORIES OF RECORDS IN THE SYSTEM:
    Records (or information contained in records) may include (1) 
pleadings; (2) opinions; (3) briefs; (4) decisions; (5) evidentiary and 
nonevidentiary matter relating to a case or controversy in an 
administrative or litigation proceeding.

AUTHORITY FOR MAINTENANCE OF THE SYSTEM:
    42 U.S.C. 2651 et seq.; 31 U.S.C. 3911; 28 U.S.C. 1346; 29 CFR 
1600-1699; 38 U.S.C. 311.

PURPOSE(S):
    This system stores VA litigation and administrative investigations 
managed by Office of General Counsel, other than Veterans' appeals 
before the U.S. Court of Appeals for Veterans Claims, from the date of 
closure of the case to the final expiration of the period during which 
an appeal could be filed.

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 to the General Services Administration (GSA) 
as required complying 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. Pleadings, opinions, briefs, decisions and evidentiary and 
nonevidentiary matters may be disclosed to a Federal agency upon its 
official request to enable that agency to properly prepare a particular 
case or controversy regarding an administrative claim filed under the 
Federal Tort Claims Act or a debt collection proceeding under the 
Federal Medical Care Recovery Act.
    6. Pleadings, opinions, briefs, decisions and evidentiary and 
nonevidentiary matter may be disclosed to a Federal agency to enable 
the VA to obtain records necessary for the VA to properly prepare a 
particular case or controversy under the Federal Tort Claims Act or a 
proceeding under the Federal Medical Care Recovery Act.
    7. Pleadings, opinions, briefs, decisions and evidentiary and 
nonevidentiary matter may be disclosed to a Federal or a State court to 
enable the VA to file pleadings, comply with rules and procedures of 
the court, or to respond to a request from the court in any case or 
controversy.
    8. Pleadings, opinions, briefs, decisions and matters of 
evidentiary and nonevidentiary matter may be disclosed to a Federal, 
State, local, or foreign

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agency, insurance carriers, other individuals from whom the VA is 
seeking reimbursement and other parties litigant or having an interest 
in administrative, prelitigation, litigation and post-litigation phases 
of a case or controversy, provided, that the name and address of a 
Veteran can only be disclosed under this routine use if the release is 
for a VA debt collection proceeding, or if the name and address has 
been provided to the VA by the party seeking the information.
    9. 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.
    10. 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.
    11. 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 Title 5, United States Code, Sections 1205 and 
1206, or as may be authorized by law.
    12. 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 
affirmative employment programs, compliance with the Uniform Guidelines 
of Employee Selection Procedures, or for other functions vested in the 
Commission as authorized by law or regulation.
    13. 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.

POLICIES AND PRACTICES FOR STORING, RETRIEVING, ACCESSING, RETAINING, 
AND DISPOSING OF RECORDS IN THE SYSTEM:
STORAGE:
    Records are maintained in individual file folders organized by the 
OGC Professional Staff Group (PSG) handling the litigation.

RETRIEVABILITY:
    The individual litigation folders are sorted by the OGC 
Professional Staff Group (PSG) handling the matter. Within each PSG 
section the records are maintained in alphabetical order by last name 
of an individual, business or organization involved in the litigation.

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 the Federal Protective Service. Access to the records is 
only authorized to VA personnel on a ``need to know'' basis.

RETENTION AND DISPOSAL:
    Upon completion of a case, except for precedent-setting cases 
(which are maintained permanently), records are treated as follows:
    In Central Office, litigation files other than EEO records are 
maintained in the OGC Docket Room for two years, retired to the 
Washington National Federal Records Center for four years and then 
destroyed. EEO complainant records are maintained in the OGC Docket 
Room for four years, and then destroyed.
    In Regional Counsel Offices, litigation files other than EEO 
records are maintained in the respective Regional Counsel Office for 
six years, and then destroyed. EEO complainant records are maintained 
in the Regional Counsel Office for four years, then destroyed. A 
Regional Counsel Office may choose to transfer records to the VA 
Records Center and Vault in Neosho, MO.

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, businesses or organizations seeking information 
regarding access to VA information maintained by the Office of General 
Counsel Central Office or Regional Counsel Offices 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.

CONTESTING RECORD PROCEDURES:
    Individuals, businesses or organizations seeking information 
regarding access to VA information maintained by the Office of General 
Counsel Central Office or Regional Counsel Offices 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.

RECORDS SOURCE CATEGORIES:
    Courts, Veterans, beneficiaries and dependents of Veterans, 
litigants and their attorneys, Federal and state agencies, insurance 
carriers, witnesses, or any other interested participants to the 
proceedings.

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EXEMPTIONS CLAIMED FOR THE SYSTEM:
    None.

 [FR Doc. E9-5596 Filed 3-13-09; 8:45 am]
BILLING CODE 8320-01-P