Notice2022-14118
Privacy Act of 1974; System of Records
Primary source
Metadata and text below are from the Federal Register, a public-domain U.S. government work. Always verify the official published version before relying on it for any legal matter.
Published
July 1, 2022
Issuing agencies
Veterans Affairs Department
Abstract
Pursuant to the Privacy Act of 1974, notice is hereby given that the Department of Veterans Affairs (VA) is modifying an existing system of records entitled, "Department of Veterans Affairs Personnel Security File System-VA (VAPSFS)" 145VA005Q3). The modification to the existing system of records addresses modernized system processes and updated routine uses. This system of records supports the Department in conducting end-to-end personnel security, fitness, suitability, and credentialing processes. This system of records contains records related to employee and contractor vetting as well as investigative, administrative, adjudicative, and/or determination information for decisions concerning whether an individual is suitable or fit for Government employment or eligible to access classified national security information.
Full Text
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<title>Federal Register, Volume 87 Issue 126 (Friday, July 1, 2022)</title>
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[Federal Register Volume 87, Number 126 (Friday, July 1, 2022)]
[Notices]
[Pages 39592-39595]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2022-14118]
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DEPARTMENT OF VETERANS AFFAIRS
Privacy Act of 1974; System of Records
AGENCY: Veterans Affairs Central Office (VACO) and Office of
Operations, Security, and Preparedness, Department of Veterans Affairs
(VA).
ACTION: Notice of a modified system of records.
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SUMMARY: Pursuant to the Privacy Act of 1974, notice is hereby given
that the Department of Veterans Affairs (VA) is modifying an existing
system of records entitled, ``Department of Veterans Affairs Personnel
Security File System-VA (VAPSFS)'' 145VA005Q3). The modification to the
existing system of records addresses modernized system processes and
updated routine uses. This system of records supports the Department in
conducting end-to-end personnel security, fitness, suitability, and
credentialing processes. This system of records contains records
related to employee and contractor vetting as well as investigative,
administrative, adjudicative, and/or determination information for
decisions concerning whether an individual is suitable or fit for
Government employment or eligible to access classified national
security information.
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="https://www.regulations.gov">https://www.regulations.gov</a> or mailed to VA Privacy Service, 810 Vermont Avenue
NW (005R1A), Washington, DC 20420. Comments should indicate that they
are submitted in response to ``Department of Veterans Affairs Personnel
Security File System (VAPSFS)-VA'' 145VA005Q3)''. Comments received
will be available at <a href="https://www.regulations.gov">https://www.regulations.gov</a> for public viewing,
inspection or copies.
FOR FURTHER INFORMATION CONTACT: Trish Moore, Director, Department of
Veterans Affairs Personnel Security and Credential Management (PSCM)
Program Manager, VA Central Office (VACO), 810 Vermont Avenue, Room C-
6, Washington, DC 20420, (202) 461-0496/5240 (These are not toll-free
numbers).
SUPPLEMENTARY INFORMATION: The VA Personnel Security File System
(VAPSFS) (also known as the ``Veterans Affairs Centralized Adjudication
Background Investigation System (VA-CABS)'') is an enterprise-wide,
standardized, and integrated case management system for adjudication,
background investigation, and reinvestigation processes. VA-CABS will
serve as the department's system of records for adjudication and
investigation-related data.
This system supports the Department in conducting end-to-end
personnel security, fitness, suitability, and credentialing processes.
This system of records contains records related to employee and
contractor vetting as well as investigative, administrative,
adjudicative, and/or determination information for decisions concerning
[[Page 39593]]
whether an individual is suitable or fit for Government employment or
eligible to access classified national security information.
VA CABS maintains information on security clearance access,
personnel security eligibility, suitability for Government employment,
fitness to perform work for or on behalf of the U.S. Government as a
contractor. It also provides an all-inclusive medium to document
personnel security adjudicative actions within the agency, allowing
users to provide investigation and adjudication updates to security
managers and other security officials.
All users of VA-CABS must be appropriately screened, investigated,
and granted access based on the user's specific functions, security
eligibility, and access level. VA-CABS will be used to ensure VA is
upholding the highest standards of integrity, loyalty, conduct, and
security among its employees and contract personnel.
It will also help streamline the vetting process by utilizing a
single system for all phases of vetting operations to include
adjudication, continuous evaluation/continuous vetting, and case
management, while maintaining compliance with all applicable legal,
regulatory and policy authorities.
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 May 25, 2022 for
publication.
Dated: June 28, 2022
Amy L. Rose,
Program Analyst, VA Privacy Service, Office of Information Security,
Office of Information and Technology, Department of Veterans Affairs.
SYSTEM NAME AND NUMBER:
Department of Veterans Affairs Personnel Security File System-VA
(VAPSFS)--(145VA005Q3).
SECURITY CLASSIFICATION:
Unclassified.
SYSTEM LOCATION:
Electronic records are kept at the VA Data Centers at Falling
Waters, WV; Hines, IL; Austin Automation Center, Austin, TX; and at the
SIC, Little Rock, AR.
SYSTEM MANAGER(S):
Officials responsible for policies and procedures: Trish Moore,
Department of Veterans Affairs Personnel Security and Credential
Management (PSCM) Director, VA Central Office (VACO), 810 Vermont
Avenue, Room C-6, Washington, DC 20420, (202) 461-0496/5240. The
Authorizing Official for VA-CABS is Daniel McCune, Department of
Veterans Affairs Office of Information and Technology, Enterprise
Program Management Office Executive Director, 810 Vermont Avenue, Room
340, Washington, DC 20420, 202-632-7390 (these are not toll-free
numbers).
AUTHORITY FOR MAINTENANCE OF THE SYSTEM:
Executive Orders 9397, 10450, 10865, 12333, and 12356; 5 U.S.C 3301
and 9101; 42 U.S.C 2165 and 2201; 50 U.S.C 781 to 887; 5 C.F.R 5, 732,
and 736; and Homeland Security Presidential Directive 12.
PURPOSE(S) OF THE SYSTEM:
The records in this system are used to provide investigative and
related administrative, adjudicative, and other information necessary
to determine whether an individual is suitable or fit for Government
employment; eligible for physical access to VA controlled facilities
and information systems; eligible to hold sensitive positions
(including but not limited to eligibility for access to classified
information); fit to perform work for or on behalf of the U.S.
Government as a contractor; qualified to perform contractor services
for the U.S. Government; or loyal to the United States; while
maintaining compliance with applicable legal, regulatory and policy
authorities.
CATEGORIES OF INDIVIDUALS COVERED BY THE SYSTEM:
(1) Current and former government employees, applicants,
volunteers, health professions trainees, consultants, experts, and
contractor personnel working for or on behalf of the VA; (2) personnel
who are appealing a denial or a revocation of a Veterans Affairs-issued
security clearance; (3) employees and contractor personnel who have
applied for the HSPD-12 Personal Identity Verification (PIV) Card; (5)
individuals who are not Veterans Affairs employees, but who are or were
involved in Veterans Affairs programs under a cooperative assignment or
under a similar agreement. As part of the on-boarding process, VA
Subjects undergo a Special Agency Check (SAC) (fingerprint) and a
background investigation based on their position sensitivity and risk
designation.
CATEGORIES OF RECORDS IN THE SYSTEM:
Applicable records containing the following information from one or
more of the categories within background investigations relating to
personnel investigations conducted by the Defense Counterintelligence
and Security Agency (DCSA) and other Federal agencies and departments
on a pre-placement and post-placement basis to make suitability,
fitness, and HSPD-12 PIV determinations and for granting security
clearances.
This system maintains information collected as part of the
investigative vetting process. This information may include the
individual's personally identifiable information; residential,
educational, employment, and mental health history; financial details,
and criminal and disciplinary histories; to include:
(1) An individual's name, former names and aliases; date and place
of birth; social security number (SSN); height; weight; hair and eye
color; gender; mother's maiden name; current and former home addresses
to include names and addresses of neighbors and references, phone
numbers, and email addresses; employment history to include names of
supervisors and colleagues; military record information; selective
service registration record; education and degrees earned; names of
associates and references with their contact information; citizenship;
passport information; criminal history; civil court actions; prior
security clearance and investigative information; mental health
history; records related to drug and/or alcohol use; credit reports;
the name, date and place of birth, SSN, and citizenship information for
spouse or cohabitant; the name and marriage information for current and
former spouse(s); the citizenship, name, date and place of birth, and
address for relatives; information on foreign contacts and activities;
association records; information on loyalty to the United States;
publicly available social media information; and other agency reports
furnished to VA in connection with the background investigation
process, and other information developed from the above;
(2) Position designation/risk/sensitivity; status of current
adjudicative action; status of security clearance eligibility and/or
access, suitability, fitness, or HSPD-12 PIV determinations; and
investigative records related to initial vetting, reinvestigation,
continuous evaluation, and/or continuous vetting;
(3) Summaries of personal and third-party interviews conducted
during the background investigation;
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(4) Signed Classified Information Non-Disclosure Agreement (SF
312), and related supplemental documents for those persons issued a
security clearance;
(5) An automated data system reflecting identification data on
incumbents and former employees, disclosure and authorization forms,
and record of investigations, level and date of security clearance, if
any, as well as status of investigations;
(6) Records pertaining to suspensions or an appeal of a denial or a
revocation of a VA-issued security clearance;
(7) Records pertaining to the personal identification verification
process mandated by HSPD-12 and the issuance, denial or revocation of a
PIV card; and
(8) Records of personnel background investigations conducted by
other Federal agencies.
RECORD SOURCE CATEGORIES:
Records are obtained from individual employees, applicants,
detailees, consultants, experts and contractors (including the results
of in-person interviews) whose files are on record as authorized by
those concerned; investigative reports from federal investigative
agencies; criminal or civil investigations; continuous evaluation
records; police and credit record checks; personnel records;
educational records and instructors; current and former employers;
coworkers, neighbors, family members, acquaintances; and authorized
security representatives.
ROUTINE USES OF RECORDS MAINTAINED IN THE SYSTEM, INCLUDING CATEGORIES
OF USERS AND PURPOSES OF SUCH USES:
1. Congress: VA may disclose information 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: VA may disclose
information 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: VA may disclose information 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 that, either alone
or in conjunction with other information, indicates a violation or
potential violation of law, whether civil, criminal, or regulatory in
nature, 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. 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. DoJ for Litigation or Administrative Proceeding: VA may disclose
information 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: VA may disclose information 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. OPM: VA may disclose information 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. EEOC: VA may disclose information to the Equal 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: VA may disclose information 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: VA may disclose information to the Merit Systems
Protection Board (MSPB) and the Office of the Special Counsel 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: VA may disclose information to 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.
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. Governmental Agencies, Health Organizations, for Claimants'
Benefits: To Federal, state, and local government agencies and national
health organizations as reasonably necessary to assist in the
development of programs that will be beneficial to claimants, to
protect their rights under law, and assure that they are receiving all
benefits to which they are entitled.
15. Governmental Agencies, for VA Hiring, Security Clearance,
Contract, License, Grant: To a Federal, state, local, or other
governmental agency maintaining civil or criminal violation records, or
other pertinent information, such as employment history, background
investigations, or personal
[[Page 39595]]
or educational background, to obtain information relevant to VA's
hiring, transfer, or retention of an employee, issuance of a security
clearance, letting of a contract, or issuance of a license, grant, or
other benefit. 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.
16. Federal Agencies, for Employment: To a Federal agency, except
the United States Postal Service, or to the District of Columbia
government, in response to its request, in connection with that
agency's decision on the hiring, transfer, or retention of an employee,
the issuance of a security clearance, the letting of a contract, or the
issuance of a license, grant, or other benefit by that agency.
17. State or Local Agencies, for Employment: To a state, local, or
other governmental agency, upon its official request, as relevant and
necessary to that agency's decision on the hiring, transfer, or
retention of an employee, the issuance of a security clearance, the
letting of a contract, or the issuance of a license, grant, or other
benefit by that agency. 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.
POLICIES AND PRACTICES FOR STORAGE OF RECORDS:
Records in this system are stored electronically.
POLICIES AND PRACTICES FOR RETRIEVAL OF RECORDS:
Records may be retrieved by name, social security number, date of
birth, place of birth, Defense Counterintelligence and Security Agency
[Investigative Service Provider] investigation number, adjudicative
case identification number or some combination thereof.
POLICIES AND PRACTICES FOR RETENTION AND DISPOSAL OF RECORDS:
Records in this system are retained and disposed of in accordance
with the schedule approved by the Archivist of the United States.
Records on government employees and contractor personnel are retained
for 5 years after the employee or contractor relationship ends, but
longer retention is authorized if required for business use in
accordance with General Records Schedule 5.6, item 181. The records on
applicants not selected and separated employees are destroyed or sent
to the Federal Records Center in accordance with General Records
Schedule 5.6, item 180. Investigative reports are maintained in OPM
Central-9 (81 FR 70191).
ADMINISTRATIVE, TECHNICAL, AND PHYSICAL SAFEGUARDS:
Electronic records are maintained in a secure, SSOi protected
electronic system that utilizes security hardware and software to
include: Encryption, multiple firewalls, active intruder detection, and
role-based access controls.
Safeguarding VA Subjects' adjudicative and background investigation
information is of the utmost importance. Information collected or used
in the adjudicative process will be used and disseminated under very
strict controls. Permission shall be obtained from DCSA to release any
DCSA or other agency investigative material. Reports, records, and
files pertaining to adjudicative matters must be maintained in
confidence and disseminated only to authorized officials in the VA
having a clear, official need to review the material.
RECORD ACCESS PROCEDURES:
Individuals seeking information on the existence and content of
records in this system pertaining to them should contact the system
manager in writing as indicated above. A request for access to records
must contain the requester's full name, address, telephone number, be
signed by the requester, and describe the records sought in sufficient
detail to enable VA personnel to locate them with a reasonable amount
of effort.
CONTESTING RECORD PROCEDURES:
Individuals seeking to contest or amend records in this system
pertaining to them should contact the system manager in writing as
indicated above. A request to contest or amend records must state
clearly and concisely what record is being contested, the reasons for
contesting it, and the proposed amendment to the record.
NOTIFICATION PROCEDURES:
Generalized notice is provided by the publication of this notice.
For specific notice, see Record Access Procedure, above.
EXEMPTIONS PROMULGATED FOR THE SYSTEM:
Upon publication of a final rule in the Federal Register, this
system of records will be exempt in accordance with 5 U.S.C.
552a(k)(5). Information will be withheld to the extent it identifies
witnesses promised confidentiality as a condition of providing
information during the course of the background investigation.
HISTORY:
73 FR 15852 (March 25, 2008).
[FR Doc. 2022-14118 Filed 6-30-22; 8:45 am]
BILLING CODE 8320-01-P
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</html>Indexed from Federal Register on July 1, 2022.
This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.