Proposed Rule2024-16275
Privacy Act of 1974; Implementation
Primary source
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Published
July 25, 2024
Issuing agencies
Veterans Affairs Department
Abstract
The Department of Veterans Affairs (VA) proposes to amend its regulations governing the confidentiality and release of VA records subject to the Privacy Act of 1974. VA proposes to exempt portions of the new "Law Enforcement Officer Evaluations (LEO Evals)--VA" (216VA10) system of records from certain provisions of the Privacy Act of 1974 to prevent compromising the objectivity and fairness of the testing and evaluation process.
Full Text
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<title>Federal Register, Volume 89 Issue 143 (Thursday, July 25, 2024)</title>
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[Federal Register Volume 89, Number 143 (Thursday, July 25, 2024)]
[Proposed Rules]
[Pages 60337-60339]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2024-16275]
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DEPARTMENT OF VETERANS AFFAIRS
38 CFR Part 1
RIN 2900-AS11
Privacy Act of 1974; Implementation
AGENCY: Department of Veterans Affairs.
ACTION: Proposed rule.
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[[Page 60338]]
SUMMARY: The Department of Veterans Affairs (VA) proposes to amend its
regulations governing the confidentiality and release of VA records
subject to the Privacy Act of 1974. VA proposes to exempt portions of
the new ``Law Enforcement Officer Evaluations (LEO Evals)--VA''
(216VA10) system of records from certain provisions of the Privacy Act
of 1974 to prevent compromising the objectivity and fairness of the
testing and evaluation process.
DATES: Comments must be received on or before September 23, 2024.
ADDRESSES: Comments may be submitted through <a href="http://www.regulations.gov">www.regulations.gov</a>.
Except as provided below, comments received before the close of the
comment period will be available at <a href="http://www.regulations.gov">www.regulations.gov</a> for public
viewing, inspection, or copying, including any personally identifiable
or confidential business information that is included in a comment.
Comments received before the close of the comment period on
<a href="http://www.regulations.gov">www.regulations.gov</a> will be posted as soon as possible after they have
been received. VA will not post <a href="http://Regulations.gov">Regulations.gov</a> public comments that
make threats to individuals or institutions or suggest that the
individual will take actions to harm the individual. VA encourages
individuals not to submit duplicative comments; however, we will post
comments from multiple unique commenters even if the content is
identical or nearly identical to other comments. Any public comment
received after the comment period's closing date is considered late and
will not be considered in the final rulemaking. In accordance with the
Providing Accountability Through Transparency Act of 2023, a 100 word
Plain-Language Summary of this proposed rule is available at
<a href="http://Regulations.gov">Regulations.gov</a>, under RIN 2900-AS11.
FOR FURTHER INFORMATION CONTACT: Stephania Griffin, Chief Privacy
Officer, Veterans Health Administration, Department of Veterans
Affairs, 810 Vermont Avenue NW, Washington, DC 20420,
<a href="/cdn-cgi/l/email-protection#9deee9f8edf5fcf3f4fcb3faeff4fbfbf4f3ddebfcb3faf2eb"><span class="__cf_email__" data-cfemail="cbb8bfaebba3aaa5a2aae5acb9a2adada2a58bbdaae5aca4bd">[email protected]</span></a>, 704-245-2492 (this is not a toll-free
number).
SUPPLEMENTARY INFORMATION: The Privacy Act of 1974, codified at section
552a of title 5, United States Code (U.S.C.), governs the means by
which the U.S. Government collects, maintains, uses, and disseminates
personally identifiable information. The Privacy Act applies to such
information that is maintained in a ``system of records.'' A system of
records is a group of any records under the control of an agency from
which information about an individual is retrieved by the name of the
individual or by some identifying number, symbol, or other identifying
particular assigned to the individual. See section 552a(a)(4) and (5).
VA maintains numerous systems of records and, in accordance with
section 552a(e)(4), provides notice in the Federal Register each time a
system of records is established or revised. In order to safeguard
personal information contained in VA's systems of records and carry out
the requirements of the Privacy Act, VA has established regulations in
38 Code of Federal Regulations (CFR) 1.575 through 1.582. These
regulations govern VA's policy on maintenance, use, and disclosure of
information contained in its systems of records, including the ability
of individuals to access information about themselves under the Privacy
Act.
While individuals may request access to records containing
information about themselves under the Privacy Act, sections 552a(j)
and (k) allow the head of a Federal agency to promulgate rules to
exempt a system of records from the general accounting, access, and
administrative provisions of the Privacy Act contained in section
552a(c)(3), (d), (e)(1), (e)(4)(G) through (I), and (f). In particular,
section 552a(j) provides for general exemptions and section 552a(k)
provides for specific exemptions.
Concurrent with this proposed rulemaking, notice is being provided
in the Federal Register that VA is establishing a new system of records
entitled ``Law Enforcement Officer Evaluations (LEO Evals)--VA
(216VA10).'' Information in this new system of records will be used to
document the records of VA police officer candidates and VA police
officers undergoing psychological evaluations for hire or annually
after hire. The function of the VA Police Service is to provide for the
maintenance of law and order and the protection of persons and property
on Department property. Having qualified individuals is critical to
this function. Psychological evaluations, testing, and notes will
contain data to assess the applicant's or employee's psychological
fitness to meet the functional requirements of a VA police officer
position. Such information will be provided by VA Police Officers and
VA Police Officer candidates; VA psychologists and psychiatrists
conducting psychological evaluations; VA police chiefs and supervisors;
and VA human resources and occupational health staff.
Consistent with section 552a(k)(6), which allows an agency to
exempt testing or examination materials used solely to determine
individual qualifications for appointment or promotion in the Federal
service the disclosure of which would compromise the objectivity or
fairness of the testing or examination process, VA proposes to exempt
portions of the ``LEO Evals'' system of records from the accounting,
access, and administrative provisions of the Privacy Act established in
section 552a(c)(3), (d)(1) through (4), (e)(1), (e)(4)(G) through (I),
and (f).
VA proposes this exemption because portions of a record may relate
to testing and examination material used solely to determine individual
qualifications for appointment or promotion in the Federal service.
Access to or amendment of this information by VA police officers and VA
police officer candidates would compromise the objectivity and fairness
of the testing or examination process. Amendment of such records could
also impose a highly impracticable administrative burden by requiring
testing and examinations to be continuously re-administered.
Without this proposed exemption, the accounting, access, and
administrative provisions of the Privacy Act contained in 38 U.S.C.
552a(c)(3), (d)(1) through (4), (e)(1), (e)(4)(G) through (I), and (f)
would allow VA police officers and VA police officer candidates to
obtain their personal information contained in the ``LEO Evals'' system
of records, to obtain an accounting of certain disclosures of such
personal information, and to amend certain personal information
contained therein.
Therefore, VA proposes to add this exemption to its current list of
Privacy Act exemptions in new paragraph (f) of 38 CFR 1.582. This would
ensure the integrity of the testing and examination process to certify
only those VA police officers that possess the emotional and mental
stability to serve in this critical role.
As proposed, 38 CFR 1.582(f) would thus state that VA provides
limited access to Law Enforcement Officer Evaluations (LEO Evals)--VA
(216VA10). Subparagraph (1) would state that records contained in this
system of records are exempted pursuant to the provisions of 5 U.S.C.
552a(k)(6) from 5 U.S.C. 552a(c)(3), (d)(1) through (4), (e)(1),
(e)(4)(G) through (I), and (f). Subparagraph (2) would further explain
that these exemptions apply to the extent that information in this
system of records is subject to exemption pursuant to 5 U.S.C.
552a(k)(6) because they relate to testing or examination material used
solely to determine individual qualifications for appointment or
promotion in the Federal service, the
[[Page 60339]]
disclosure of which could compromise the objectivity or fairness of the
testing or examination process.
Executive Orders 12866, 13563, and 14094
Executive Order 12866 (Regulatory Planning and Review) directs
agencies to assess the costs and benefits of available regulatory
alternatives and, when regulation is necessary, to select regulatory
approaches that maximize net benefits (including potential economic,
environmental, public health and safety effects, and other advantages;
distributive impacts; and equity). Executive Order 13563 (Improving
Regulation and Regulatory Review) emphasizes the importance of
quantifying both costs and benefits, reducing costs, harmonizing rules,
and promoting flexibility. Executive Order 14094 (Executive Order on
Modernizing Regulatory Review) supplements and reaffirms the
principles, structures, and definitions governing contemporary
regulatory review established in Executive Order 12866 of September 30,
1993 (Regulatory Planning and Review), and Executive Order 13563 of
January 18, 2011 (Improving Regulation and Regulatory Review). The
Office of Information and Regulatory Affairs has determined that this
rulemaking is not a significant regulatory action under Executive Order
12866, as amended by Executive Order 14094. The Regulatory Impact
Analysis associated with this rulemaking can be found as a supporting
document at <a href="http://www.regulations.gov">www.regulations.gov</a>.
Regulatory Flexibility Act
The Secretary hereby certifies that this proposed rule would not
have a significant economic impact on a substantial number of small
entities as they are defined in the Regulatory Flexibility Act (5
U.S.C. 601-612). This proposed rule would exempt certain personnel
evaluations from disclosure under certain provisions of the Privacy Act
of 1974. The Privacy Act primarily affects individuals and not entities
and the proposed rule would impose no duties or obligations on small
entities. Therefore, pursuant to 5 U.S.C. 605(b), the initial and final
regulatory flexibility analysis requirements of 5 U.S.C. 603 and 604 do
not apply.
Unfunded Mandates
The Unfunded Mandates Reform Act of 1995 requires, at 2 U.S.C.
1532, that agencies prepare an assessment of anticipated costs and
benefits before issuing any rule that may result in the expenditure by
State, local, and Tribal governments, in the aggregate, or by the
private sector, of $100 million or more (adjusted annually for
inflation) in any one year. This proposed rule would have no such
effect on State, local, and Tribal governments, or on the private
sector.
Paperwork Reduction Act
This proposed rule contains no provisions constituting a collection
of information under the provisions of the Paperwork Reduction Act of
1995 (44 U.S.C. 3501-3521).
List of Subjects in 38 CFR Part 1
Administrative practice and procedure, Archives and records,
Government employees, Privacy, Reporting and recordkeeping
requirements, Security measures.
Signing Authority
Denis McDonough, Secretary of Veterans Affairs, approved and signed
this document on July 18, 2024, 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.
Jeffrey M. Martin,
Assistant Director, Office of Regulation Policy & Management, Office of
General Counsel, Department of Veterans Affairs.
For the reasons stated in the preamble, the Department of Veterans
Affairs proposes to amend 38 CFR part 1 as set forth below:
PART 1--GENERAL PROVISIONS
0
1. The authority citation for part 1 continues to read as follows:
Authority: 38 U.S.C. 5101, and as noted in specific sections.
0
2. Amend Sec. 1.582 by adding paragraph (f) to read as follows:
Sec. 1.582 Exemptions.
* * * * *
(f) Exemption of Law Enforcement Officer Evaluation Records. VA
provides limited access to Law Enforcement Officer Evaluations (LEO
Evals)--VA (216VA10).
(1) Records contained in this system of records are exempted
pursuant to the provisions of 5 U.S.C. 552a(k)(6) from 5 U.S.C.
552a(c)(3), (d)(1) through (4), (e)(1), (e)(4)(G) through (I), and (f).
(2) These exemptions apply to the extent that information in this
system of records is subject to exemption pursuant to 5 U.S.C.
552a(k)(6) because they relate to testing or examination material used
solely to determine individual qualifications for appointment or
promotion in the Federal service, the disclosure of which could
compromise the objectivity or fairness of the testing or examination
process.
* * * * *
[FR Doc. 2024-16275 Filed 7-24-24; 8:45 am]
BILLING CODE 8320-01-P
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</html>Indexed from Federal Register on July 25, 2024.
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