Notice2022-09377
Privacy Act of 1974; System of Records
Primary source
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Published
May 2, 2022
Issuing agencies
Veterans Affairs Department
Abstract
An executive order, Establishing Principles of Excellence for Educational Institutions Serving our Service Members, Veterans, Spouses, and Other Family Members, requires the establishment of a centralized complaint system for students receiving Veteran educational benefits to submit complaints against institutions they feel have acted deceptively or fraudulently. VA proposes this modified system of records (SORs), entitled "Principles of Excellence Centralized Complaint System--VA" (170VA22). This system will provide a standardized method for students and others to submit a complaint or allegation that an entity or individual has not or may not have adhered to the Principles of Excellence established in the E.O.
Full Text
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<title>Federal Register, Volume 87 Issue 84 (Monday, May 2, 2022)</title>
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[Federal Register Volume 87, Number 84 (Monday, May 2, 2022)]
[Notices]
[Pages 25706-25708]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2022-09377]
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DEPARTMENT OF VETERANS AFFAIRS
Privacy Act of 1974; System of Records
AGENCY: Department of Veterans Affairs (VA), Veterans Benefits
Administration, Education Services.
ACTION: Notice of a modified system of records.
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SUMMARY: An executive order, Establishing Principles of Excellence for
Educational Institutions Serving our Service Members, Veterans,
Spouses, and Other Family Members, requires the establishment of a
centralized complaint system for students receiving Veteran educational
benefits to submit complaints against institutions they feel have acted
deceptively or fraudulently. VA proposes this modified system of
records (SORs), entitled ``Principles of Excellence Centralized
Complaint System--VA'' (170VA22). This system will provide a
standardized method for students and others to submit a complaint or
allegation that an entity or individual has not or may not have adhered
to the Principles of Excellence established in the E.O.
DATES: Comments on this modified system of records must be received no
later than 30 days after date of publication in the Federal Register.
If no public comment is received during the period allowed for comment
or unless otherwise published in the Federal Register by VA, the
modified system of records will become effective a minimum of 30 days
after date of publication in the Federal Register. If VA receives
public comments, VA shall review the comments to determine whether any
changes to the notice are necessary.
ADDRESSES: Comments may be submitted through <a href="http://www.Regulations.gov">www.Regulations.gov</a> or
mailed to VA Privacy Service, 810 Vermont Ave. NW, (005R1A),
Washington, DC 20420. Comments should indicate that they are submitted
in response to ``Principles of Excellence Centralized Complaint
System--VA'' (170VA22). Comments received will be available at
<a href="http://regulations.gov">regulations.gov</a> for public viewing, inspection, or copies.
FOR FURTHER INFORMATION CONTACT: Thomas Erickson, Department of
Veterans Affairs, 810 Vermont Avenue NW, Washington, DC 20420, at (202)
461-9829 or <a href="/cdn-cgi/l/email-protection#b7e3dfd8dad6c499f2c5ded4dcc4d8d9f7c1d699d0d8c1"><span class="__cf_email__" data-cfemail="02566a6d6f63712c47706b6169716d6c4274632c656d74">[email protected]</span></a>.
SUPPLEMENTARY INFORMATION: The existing SORN 170VA22 has expired. The
purpose of the modified SOR, established by Executive Order (E.O.)
13607, is to update the application in which the data is gathered and
stored and bring the SOR current. Former application for the SORN has
been sunset and required a new application for gathering and storing
beginning February 2019. Routine uses are updated to reflect the
selections from the Office of General Counsel (OGC) updated Fiscal Year
2021 Routine Uses OGC list.
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. Kurt D.
DelBene, Assistant Secretary for Information and Technology and Chief
Information Officer, approved this document on March 17, 2022 for
publication.
Dated: April 27, 2022.
Amy L. Rose,
Program Analyst, VA Privacy Service, Office of Information Security,
Office of Information and Technology, Department of Veterans Affairs.
SYSTEM NAME:
``Principles of Excellence Centralized Complaint System--VA''
(170VA22).
SECURITY CLASSIFICATION:
Unclassified.
SYSTEM LOCATION:
Complaints or allegations concerning entities or individuals that
have not or may not have adhered to the Principles of Excellence
established in E.O. 13607 will be submitted by users of VA education
benefits or Veterans, Servicemembers and their families. Registered
complaints will be transmitted in a secure electronic format
[[Page 25707]]
to VA Central Office for review. We utilize the FedRAMP authorization
of Salesforce Government Cloud Plus which is hosted in the Amazon Web
Services (AWS) GovCloud. Complaints are stored and managed in
Salesforce, 44521 Hastings Drive, Ashburn, Virginia, United States,
20147. Policy issues concerning this system should be submitted to
Department of Veterans Affairs, 810 Vermont Avenue NW, Washington, DC
20420.
SYSTEM MANAGER(S):
Charmain Bogue, Executive Director, Education Service, Department
of Veterans Affairs, 810 Vermont Avenue NW, Washington, DC 20420, 202-
461-9768, <a href="/cdn-cgi/l/email-protection#12517a73607f737b7c3c507d7567775264733c757d64"><span class="__cf_email__" data-cfemail="93d0fbf2e1fef2fafdbdd1fcf4e6f6d3e5f2bdf4fce5">[email protected]</span></a>.
AUTHORITY FOR MAINTENANCE OF THE SYSTEM:
E.O. 13607, ``Establishing Principles of Excellence for Educational
Institutions Serving Service Members, Veterans, Spouses, and Other
Family Members''.
PURPOSE(S) OF THE SYSTEM:
The information in the system is being collected to enable VA to
receive, respond to, and refer complaints regarding VA educational
assistance benefits. The system serves as a record of the complaint and
is used for collecting complaint data; responding to or referring the
complaint; aggregating data that will be used to inform other functions
of VA and, as appropriate, other agencies and/or the public; and
preparing reports as required by law. This system consists of
complaints received by VA or other entities and information concerning
responses to or referrals of these complaints, as appropriate.
CATEGORIES OF INDIVIDUALS COVERED BY THE SYSTEM:
Individuals covered by this system are individuals who submit
complaints to VA (on their own); individuals on whose behalf complaints
are submitted by others (such as attorneys, members of Congress, third
party advocates, and/or other governmental organizations); and
employees, the Federal Trade Commission, other Federal agencies, state
agencies, or VA. Information collected is subject to the Privacy Act
only to the extent that it concerns individuals; information pertaining
to entities and organizations and is not subject to the Privacy Act.
CATEGORIES OF RECORDS IN THE SYSTEM:
Records in the system may contain: (1) Correspondence or other
information received; (2) information from the entity or individual
referring the complaint; (3) records created of verbal communications
by or with complainants or other individuals; (4) information regarding
third party advocates or others who submit complaints on another's
behalf; (5) information identifying the entity that is subject to the
complaint or its employees; (6) communication with or by the entity
that is subject to the complaint or its employees; (7) unique
identifiers, codes, and descriptors categorizing each complaint file;
(8) information about how complaints were responded to or referred,
including any resolution; (9) records used to respond to or refer
complaints, including information in VA's other systems of records; and
(10) identifiable information regarding both the individual who is
making the complaint, and the individual on whose behalf such complaint
is made, and employees of the entity about which the complaint was
made, including name, social security number, account numbers, address,
phone number, email address, and date of birth.
RECORD SOURCE CATEGORIES:
Information in this system is obtained from individuals and
entities filing complaints and about entities or individuals that have
not or may not have adhered to the Principles of Excellence established
in the E.O. 13607. Furnishing the information is voluntary.
ROUTINE USES OF RECORDS MAINTAINED IN THE SYSTEM, INCLUDING CATEGORIES
OF USERS AND THE PURPOSES OF SUCH USES:
1. Congress--To a Member of Congress or staff acting upon the
Member's behalf when the Member or staff requests the information on
behalf of, and at the request of, the individual who is the subject of
the record.
2. Data Breach Response and Remediation, for VA--To appropriate
agencies, entities, and persons when (1) VA suspects or has confirmed
that there has been a breach of the system of records,[middot] (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 Remediation, for Another Federal
Agency--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--To a Federal, state, local, territorial,
tribal, or foreign law enforcement authority or other appropriate
entity charged with the responsibility of investigating or prosecuting
such violation or charged with enforcing or implementing such law,
provided that the disclosure is limited to information that, either
alone or in conjunction with other information, indicates a violation
or potential violation of law, whether civil, criminal, or regulatory
in nature. The disclosure of the names and addresses of veterans and
their dependents from VA records under this routine use must also
comply with the provisions of 38 U.S.C. 5701.
5. Department of Justice (DOJ) for Litigation or Administrative
Proceeding--To the Department of Justice (DoJ), or in a proceeding
before a court, adjudicative body, or other administrative body before
which VA is authorized to appear, when:
(a) VA or any component thereof;
(b) Any VA employee in his or her official capacity;
(c) Any VA employee in his or her individual capacity where DoJ has
agreed to represent the employee; or
(d) The United States, where VA determines that litigation is
likely to affect the agency or any of its components
is a party to such proceedings or has an interest in such proceedings,
and VA determines that use of such records is relevant and necessary to
the proceedings.
6. Contractors--To contractors, grantees, experts, consultants,
students, and others performing or working on a contract, service,
grant, cooperative agreement, or other assignment for VA, when
reasonably necessary to accomplish an agency function related to the
records.
7. Office of Personnel Management (OPM)--To the Office of Personnel
Management (OPM) in connection with the application or effect of civil
service laws, rules, regulations, or OPM guidelines in particular
situations.
8. Equal Employment Opportunity Commission (EEOC)--To the Equal
[[Page 25708]]
Employment Opportunity Commission (EEOC) 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.
9. FLRA--To the Federal Labor Relations Authority (FLRA) in
connection with the investigation and resolution of allegations of
unfair labor practices, the resolution of exceptions to arbitration
awards when a question of material fact is raised, matters before the
Federal Service Impasses Panel, and the investigation of representation
petitions and the conduct or supervision of representation elections.
10. MSPB--To the Merit Systems Protection Board (MSPB) 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.
11. NARA--To the National Archives and Records Administration
(NARA) in records management inspections conducted under 44 U.S.C. 2904
and 2906, or other functions authorized by laws and policies governing
NARA operations and VA records management responsibilities.
12. Federal Agencies, for Computer Matches--To other federal
agencies for the purpose of conducting computer matches to obtain
information to determine or verify eligibility of veterans receiving VA
benefits or medical care under title 38.
13. Federal Agencies, Courts, Litigants, for Litigation or
Administrative Proceedings--To another federal agency, court, or party
in litigation before a court or in an administrative proceeding
conducted by a Federal agency, when the government is a party to the
judicial or administrative proceeding.
14. Consumer Reporting Agencies--To a consumer reporting agency for
the purpose of locating the individual, obtaining a consumer report to
determine the ability of the individual to repay an indebtedness to the
United States, or assisting in the collection of such indebtedness,
provided that the provisions of 38 U.S.C. 5701(g)(2) and (4) have been
met, provided that the disclosure is limited to information that is
reasonably necessary to identify such individual or concerning that
individual's indebtedness to the United States by virtue of the
person's participation in a benefits program administered by the
Department.
15. OMB--To the Office of Management and Budget (OMB) for the
performance of its statutory responsibilities for evaluating Federal
programs.
16. Treasury, for Withholding--To the Department of the Treasury
for the collection of title 38 benefit overpayments, overdue
indebtedness, or costs of services provided to an individual not
entitled to such services, by the withholding of all or a portion of
the person's Federal income tax refund, provided that the disclosure is
limited to information concerning an individual's indebtedness by
virtue of a person's participation in a benefits program administered
by VA.
17. Treasury, for Payment or Reimbursement--To the Department of
the Treasury to facilitate payments to physicians, clinics, and
pharmacies for reimbursement of services rendered or to veterans for
reimbursement of authorized expenses, as well as to collect, by set off
or otherwise, debts owed the United States.
POLICIES AND PRACTICES FOR STORAGE OF RECORDS:
Information will be collected by VA Form 22-0959, Principles of
Excellence Complaint Intake Questionnaire, and telephone and stored in
an electronic format.
POLICIES AND PRACTICES FOR RETRIEVAL OF RECORDS:
Records are retrievable by a variety of fields including without
limitation to the individual's name, complaint case number, address,
phone number, date of birth, or by some combination thereof.
POLICIES AND PRACTICES FOR RETENTION AND DISPOSAL OF RECORDS:
Disposition of records is according to NARA guidelines.
ADMINISTRATIVE, TECHNICAL, AND PHYSICAL SAFEGUARDS:
Access to electronic records is restricted to authorized personnel
who have been issued non-transferrable access codes and passwords.
Other records are maintained in locked file cabinets or rooms with
access limited to those personnel whose official duties require access.
RECORD ACCESS PROCEDURES:
Individuals wishing to request access to records about them should
contact the system manager indicated. Individuals must furnish the
following for their records to be located and identified:
a. Full name
b. Address
c. Institution identified in complaint
Individuals requesting access must also follow the OPM's Privacy
Act Regulations regarding verification of identity and amendment of
records (5 CFR part 297).
CONTESTING RECORD PROCEDURES:
Individuals wishing to request access amendment of records about
them should contact the system manager indicated. Individuals must
furnish the following for their records to be located and identified:
a. Full name
b. Address
c. Institution identified in complaint
Individuals requesting access amendment of records must also follow
OPM's Privacy Act Regulations regarding verification of identify and
amendment of records (5 CFR part 297).
NOTIFICATION PROCEDURES:
Individuals may submit a request on whether a system contains
records about them to the system manager indicated. Individuals must
furnish the following for their records to be located and identified:
a. Full name
b. Address
c. Institution identified in complaint
EXEMPTIONS PROMULGATED FOR THE SYSTEM:
None.
HISTORY:
Last Federal Register notice citation 78 FR 12423 was published
February 22, 2013.
[FR Doc. 2022-09377 Filed 4-29-22; 8:45 am]
BILLING CODE 8320-01-P
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</html>Indexed from Federal Register on May 2, 2022.
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