[Federal Register Volume 85, Number 117 (Wednesday, June 17, 2020)]
[Notices]
[Pages 36664-36667]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-13002]
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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 system of records--Department of
Veterans Affairs Federal Docket Management System Commenter Information
(VAFDMS--Commenter info)--(140VA00REG).
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SUMMARY: Pursuant to the provisions of the Privacy Act of 1974, notice
is hereby given that the Department of Veterans Affairs (VA) is
amending the system of records currently entitled, ``Department of
Veterans Affairs Federal Docket Management System (VAFDMS--Commenter
info)--(140VA02REG)'' as set forth in the Federal Register on August 1,
2017. VA is amending how the public can access comments received for VA
rulemakings and notices and the methods in which a comment can be
submitted. VA is republishing the system notice in its entirety.
[[Page 36665]]
DATES: Comments on the amendment of this system of records must be
received no later than July 17, 2020. If no public comment is received,
the new system will become effective July 17, 2020.
ADDRESSES: Written comments concerning the modified system of records
may be submitted through www.Regulations.gov; by mail or hand-delivery
to the Director, Regulations Management (00REG), Department of Veterans
Affairs, 810 Vermont Avenue NW, Room 1064, Washington, DC 20420.
Comments should indicate that they are submitted in response to the
amendment of ``Department of Veterans Affairs Federal Docket Management
System (VAFDMS)--(140VA00REG).'' Copies of comments received will be
available for public inspection and may be viewed online
www.Regulations.gov.
FOR FURTHER INFORMATION CONTACT: Jeffrey M. Martin, Privacy Officer,
Office of Regulation Policy and Management (00REG), Office of the
General Counsel, Department of Veterans Affairs, 810 Vermont Avenue NW,
Washington, DC 20420, (202) 461-4918.
SUPPLEMENTARY INFORMATION: A Notice of Establishment of New System of
Records was published in the Federal Register on February 9, 2007 (72
FR 6315), and amended on March 25, 2008 (73 FR 15856), amended on March
3, 2015 (80 FR 11525), and further amended on August 1, 2017 (82 FR
35872).
I. Description of the System of Records
The Department of Veterans Affairs Federal Docket Management System
(VAFDMS) serves as a central, electronic repository for VA rulemaking
and non-rulemaking dockets including Federal Register rules, notices,
supporting materials such as scientific and economic analyses, and
public comments. The portion of VAFDMS information that comes under the
Privacy Act is personal identifying information (name and contact
address/email address). This information permits VA to identify
individuals who have submitted comments in response to VA rulemaking
documents or notices so that communications or other actions, as
appropriate and necessary, can be effected, such as clarification of
the comment, direct response to a comment, and other activities
associated with the rulemaking or notice process. Identification is
possible only if the individual voluntarily provides identifying
information when submitting a comment. If such information is not
furnished, the submitted comments and/or supporting documentation
cannot be linked to an individual.
00REG's Management will review each incoming public submission and
determine whether it is a public comment under the Administrative
Procedure Act (APA) or a non-comment (which may include comments
relating only to personal issues outside the scope of the rulemaking,
comments from VA employees in accordance with the guidance below, and
comments that were received by VA after the due date stated in the
proposed rule (late comments).
The Office of Regulation Policy and Management's longstanding
policy provides in part that it will not consider comments from VA
employees as public comments unless they were submitted on their off-
duty time in a private (vs employment) capacity. Thus, comments that
include a VA email and/or mailing address as part of the contact
information are not treated as public comments. In addition, comments
that indicate that they are made in a VA employee's official capacity
are not treated as public comments. Even though these comments will not
be treated as public comments, they will be provided to the VA program
office for consideration.
On the other hand, a comment from a VA employee that does not
purport to be a comment given in an official VA capacity or to provide
an official VA view, and that does not give a VA email or mailing
address as part of the contact information, will be treated as a public
comment, although it provides factual information relating to the
commenter's VA employment.
VAFDMS permits members of the public to search posted public
comments received by name of the individual submitting the comment on
the www.Regulations.gov website. All the contents of posted comments
are searchable. Unless the individual submits the comment anonymously,
a name search will result in the comment being displayed for view. If
the comment is submitted electronically using www.Regulations.gov, the
viewed comment will not include the name of the submitter or any other
identifying information about the individual except the information
that the submitter has opted to include as part of his or her general
comment. If a comment is submitted in writing, the information scanned
and uploaded into VAFDMS will contain the submitter's name, unless the
individual submits the comment anonymously. All comments received will
become a matter of public record and will be posted without change to
www.Regulations.gov including any personal information provided.
Comments submitted on behalf of organizations in writing that have to
be scanned and uploaded into VAFDMS will not be redacted.
I. Amendment to Access of Public Submitted Comments
VA is removing the ability for the public to visit the Office of
Regulation Policy and Management office to view publicly submitted
comments. All publicly submitted comments have been and will continue
to remain available to the public anytime at www.Regulations.gov.
II. Amendment to How Comments Can Be Submitted
VA is amending how comments can be submitted to the following:
Written comments may be submitted through www.Regulations.gov. This is
the preferred and highly encouraged method. Alternatively, comments may
also be submitted by mail or hand-delivery to the Director, Regulations
Management (00REG), Department of Veterans Affairs, 810 Vermont Avenue
NW, Room 1064, Washington, DC 20420.
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), as amended, and guidelines issued by
OMB published at 65 FR 77677 on December 12, 2000.
Signing Authority: The Senior Agency Official for Privacy, or
designee, approved this document and authorized the undersigned to sign
and submit the document to the Office of the Federal Register for
publication electronically as an official document of the Department of
Veterans Affairs. James P. Gfrerer, Assistant Secretary for Information
and Technology and Chief Information Officer, Department of Veterans
Affairs, approved this document on June 11, 2020 for publication.
Dated: June 12, 2020.
Amy L. Rose,
Program Analyst, VA Privacy Service, Department of Veterans Affairs.
SYSTEM NAME AND NUMBER:
Department of Veterans Affairs Federal Docket Management System
Commenter Information (VAFDMS--Commenter Info) (140VA00REG).
SYSTEM CLASSIFICATION:
Unclassified.
[[Page 36666]]
SYSTEM LOCATION:
Primary location: Electronic records are kept at the U.S.
Environmental Protection Agency, Research Triangle Park, NC 27711-0001.
SYSTEM MANAGER(S) AND ADDRESSES:
Jeffrey M. Martin, Privacy Officer, Office of Regulation Policy and
Management (00REG), Department of Veterans Affairs, 810 Vermont Ave.
NW, Washington, DC 20420; telephone (202) 461-4918.
AUTHORITY FOR MAINTENANCE OF THE SYSTEM:
44 U.S.C. 3501, Note; Sec. 206(d), Public Law 107-347; 5 U.S.C.
301, 552, 552a, and 553.
PURPOSE:
To permit the Department of Veterans Affairs (VA) to identify
individuals who have submitted comments in response to VA rulemaking
documents or notices, so that communications or other actions, as
appropriate and necessary, can be effected, such as to seek
clarification of the comment, to directly respond to a comment, and for
other activities associated with the rulemaking or notice process.
CATEGORIES OF INDIVIDUALS COVERED BY THE SYSTEM:
Individuals who voluntarily provide personal contact information
when submitting a public comment and/or supporting materials in
response to a Department of Veterans Affairs rulemaking document or
notice.
CATEGORIES OF RECORDS IN THE SYSTEM:
Full name, postal address, email address, phone and fax numbers of
the individual submitting comments, the name of the organization or
individual that the individual represents (if any), and the comments,
as well as other supporting documentation, furnished by the individual.
Comments may include personal information about the commenter.
RECORD SOURCE CATEGORIES:
Individuals; public or private organizations.
ROUTINE USES OF RECORDS MAINTAINED IN THE SYSTEM, INCLUDING CATEGORIES
OF USERS AND THE PUROSES OF SUCH USES:
1. Congress: VA may disclose information from the record of an
individual in response to an inquiry from the congressional office made
at the request of that individual.
VA must be able to provide information about individuals to
adequately respond to inquiries from Members of Congress at the request
of constituents who have sought their assistance.
2. Data breach response and remedial efforts: VA may disclose
information from this system to appropriate agencies, entities, and
persons when (1) VA suspects or has confirmed that there has been a
breach of the system of records; (2) VA has determined that as a result
of the suspected or confirmed breach there is a risk of harm to
individuals, VA (including its information systems, programs, and
operations), the Federal Government, or national security; and (3) the
disclosure made to such agencies, entities, and persons is reasonably
necessary to assist in connection with VA's efforts to respond to the
suspected or confirmed breach or to prevent, minimize, or remedy such
harm.
3. Data breach response and remedial efforts with another Federal
agency: VA may disclose information from this system to another Federal
agency or Federal entity, when VA determines that information from this
system of records is reasonably necessary to assist the recipient
agency or entity in (1) responding to a suspected or confirmed breach
or (2) preventing, minimizing, or remedying the risk of harm to
individuals, the recipient agency or entity (including its information
systems, programs, and operations), the Federal Government, or national
security, resulting from a suspected or confirmed breach.
4. Law Enforcement: VA may disclose 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. 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.
VA must be able to provide information that pertains to a violation
of laws to law enforcement authorities in order for them to investigate
and enforce those laws. Under 38 U.S.C. 5701(a) and (f), VA may
disclose the names and addresses of veterans and their dependents to
Federal entities with law enforcement responsibilities. This is
distinct from the authority to disclose records in response to a
qualifying request from a law enforcement entity, as authorized by
Privacy Act subsection 5 U.S.C. 552a(b)(7).
5. Litigation: 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 limited to circumstances where relevant and
necessary to the litigation. VA may disclose records in this system of
records in legal proceedings before a court or administrative body
after determining that release of the records to the DoJ is limited to
circumstances where relevant and necessary to the litigation.
To determine whether to disclose records under this routine use, VA
will comply with the guidance promulgated by the Office of Management
and Budget in a May 24, 1985, memorandum entitled ``Privacy Act
Guidance--Update,'' currently posted at https://www.whitehouse.gov/sites/whitehouse.gov/files/omb/assets/OMB/inforeg/guidance1985.pdf.
VA must be able to provide information to DoJ in litigation where
the United States or any of its components is involved or has an
interest. A determination would be made in each instance that under the
circumstances involved, the purpose is compatible with the purpose for
which VA collected the information. This routine use is distinct from
the authority to disclose records in response to a court order under
subsection (b)(11) of the Privacy Act, 5 U.S.C. 552(b)(11), or any
other provision of subsection (b), in accordance with the court's
analysis in Doe v. DiGenova, 779 F.2d 74, 78-85 (D.C. Cir. 1985) and
Doe v. Stephens, 851 F.2d 1457, 1465-67 (D.C. Cir. 1988).
6. Contractors: VA may disclose information from this system of
records to individuals, organizations, private or public agencies, or
other entities or individuals 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 individual with whom VA
has a contract or agreement to
[[Page 36667]]
perform services under the contract or agreement.
This routine use includes disclosures by an individual or entity
performing services 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.
This routine use, which also applies to agreements that do not
qualify as contracts defined by Federal procurement laws and
regulations, is consistent with OMB guidance in OMB Circular A-130,
App. I, paragraph 5a(1)(b) that agencies promulgate routine uses to
address disclosure of Privacy Act-protected information to contractors
in order to perform the services contracts for the agency.
7. Equal Employment Opportunity Commission (EEOC): VA may disclose
information from this system to the Equal Employment Opportunity
Commission (EEOC) when requested in connection with investigations of
alleged or possible discriminatory practices, examination of Federal
affirmative employment programs, or other functions of the Commission
as authorized by law or regulation.
VA must be able to provide information to EEOC to assist it in
fulfilling its duties to protect employees' rights, as required by
statute and regulation.
8. Federal Labor Relations Authority (FLRA): VA may disclose
information from this system to the Federal Labor Relations Authority
(FLRA), including its General Counsel, information related to the
establishment of jurisdiction, investigation, and resolution of
allegations of unfair labor practices, or in connection with the
resolution of exceptions to arbitration awards when a question of
material fact is raised; for it to address matters properly before the
Federal Service Impasses Panel, investigate representation petitions,
and conduct or supervise representation elections.
VA must be able to provide information to FLRA to comply with the
statutory mandate under which it operates.
9. Merit Systems Protection Board (MSPB): VA may disclose
information from this system to the Merit Systems Protection Board
(MSPB), or the Office of the 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. 1205 and 1206, or as authorized by
law.
VA must be able to provide information to MSPB to assist it in
fulfilling its duties as required by statute and regulation.
10. National Archives and Records Administration (NARA) and General
Services Administration (GSA): VA may disclose information from this
system to the National Archives and Records Administration (NARA) and
General Services Administration (GSA) in records management inspections
conducted under title 44, U.S.C.
NARA is responsible for archiving old records which are no longer
actively used but may be appropriate for preservation, and for the
physical maintenance of the Federal government's records. VA must be
able to provide the records to NARA in order to determine the proper
disposition of such records.
POLICIES AND PRACTICES FOR STORAGE OF RECORDS:
Records are maintained electronically. See System Location.
POLICIES AND PRACTICES FOR RETRIEVABILITY OF RECORDS:
Records are retrieved by various data elements and key word
searches, among which are by: Name, Agency, Docket Type, Docket Sub-
Type, Agency Docket ID, Docket Title, Docket Category, Document Type,
CFR Part, Date Comment Received, and Federal Register Published Date.
POLICIES AND PRACTICES FOR RETENTION AND DISPOSAL OF RECORDS:
Records will be maintained and disposed of, in accordance with
records disposition authority, approved by the Archivist of the United
States.
PHYSICAL, PROCEDURAL, AND ADMINISTRATIVE SAFEGUARDS:
Electronic records are maintained in a secure, password protected,
electronic system that utilizes security hardware and software to
include: multiple firewalls, active intruder detection, and role-based
access controls. Access to electronic records is limited to those
officials 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.
RECORD ACCESS PROCEDURE:
Individuals seeking to access or contest the contents of records,
about themselves, contained in this System of Records should address a
written request, including full name, address and telephone number to
the Office of Regulation Policy and Management (00REG), Department of
Veterans Affairs, 810 Vermont Ave. NW, Washington, DC 20420.
CONTESTING RECORD PROCEDURE:
(See Record Access Procedure above.)
NOTIFICATION PROCEDURES:
Individuals seeking to determine whether this System of Records
contains information about them should address written inquiries to the
Office of Regulation Policy and Management (00REG), Department of
Veterans Affairs, 810 Vermont Ave. NW, Washington, DC 20420. Requests
should contain the full name, address and telephone number of the
individual making the inquiry.
EXEMPTIONS PROMULGATED FOR THE SYSTEM:
There are no exemptions being claimed for this system.
HISTORY:
A Notice of Establishment of New System of Records was published in
the Federal Register on February 9, 2007 (72 FR 6315), amended on March
25, 2008 (73 FR 15856), amended on March 3, 2015 (80 FR 11525), and
further amended on August 1, 2017 (82 FR 35872).
[FR Doc. 2020-13002 Filed 6-16-20; 8:45 am]
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