Federal Register: November 26, 2008 (Volume 73, Number 229)
DOCID: fr26no08-137 FR Doc E8-28197
DEPARTMENT OF VETERANS AFFAIRS
Veterans Affairs Department
NOTICE: NOTICES
DOCID: fr26no08-137
ACTION: Agency Information Collection Activities; Proposals, Submissions, and Approvals:
DOCUMENT ACTION: Notice of amendment to an existing system of records
SUBJECT CATEGORY:
Privacy Act of 1974
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.
DOCUMENT 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 RecordsVA'' (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.
SUMMARY:
Privacy Act; Systems of Records,
SUPPLEMENTAL INFORMATION
The system of records, ``Individual
Correspondence RecordsVA'' (05VA026), was amended January 13, 1982, at 47 FR 1462.
I. Description of the System of Records
``Individual Correspondence RecordsVA'' 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 individuallyidentifiable 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 GuidanceUpdate'' 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.
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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.
FOR FURTHER INFORMATION CONTACT
Susan Sokoll, Privacy Officer, (202) 4617623, Office of the General Counsel (026C), Department of Veterans Affairs, 810 Vermont Avenue, NW., Washington, DC 20420.