Notice2025-00584
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
January 15, 2025
Effective
February 18, 2025
Issuing agencies
Personnel Management Office
Abstract
In accordance with the Privacy Act of 1974, the Office of Personnel Management (OPM) proposes to establish a new system of records titled, "OPM/Internal--31, VA Recoupment and Reduction Appeals to OPM." OPM will use this system to process appeals from current and former civil service Department of Veterans Affairs (VA) employees who received an order by the VA to recoup or reduce their awards, bonuses, relocation expenses, or retirement benefits, and chose to appeal that order to the Director of OPM.
Full Text
<html>
<head>
<title>Federal Register, Volume 90 Issue 9 (Wednesday, January 15, 2025)</title>
</head>
<body><pre>
[Federal Register Volume 90, Number 9 (Wednesday, January 15, 2025)]
[Notices]
[Pages 3970-3972]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2025-00584]
=======================================================================
-----------------------------------------------------------------------
OFFICE OF PERSONNEL MANAGEMENT
[Docket ID: OPM-2024-0022]
Privacy Act of 1974; System of Records
AGENCY: Workforce Policy and Innovation, Office of Personnel
Management.
ACTION: Notice of a new system of records.
-----------------------------------------------------------------------
SUMMARY: In accordance with the Privacy Act of 1974, the Office of
Personnel Management (OPM) proposes to establish a new system of
records titled, ``OPM/Internal--31, VA Recoupment and Reduction Appeals
to OPM.'' OPM will use this system to process appeals from current and
former civil service Department of Veterans Affairs (VA) employees who
received an order by the VA to recoup or reduce their awards, bonuses,
relocation expenses, or retirement benefits, and chose to appeal that
order to the Director of OPM.
DATES: Submit comments on or before February 14, 2025. This new system
is effective upon publication in the Federal Register, except for the
routine uses, which are effective February 18, 2025.
ADDRESSES: You may submit written comments using the Federal
eRulemaking Portal at <a href="https://www.regulations.gov">https://www.regulations.gov</a>. All submissions
received must include the agency name and docket number for this
Federal Register document. The general policy for comments and other
submissions from members of the public is to make these submissions
available for public viewing on the internet at <a href="https://www.regulations.gov">https://www.regulations.gov</a> without change, including any personal identifiers.
FOR FURTHER INFORMATION CONTACT: For general questions, please contact
the Tim Curry, Employee Services, Accountability and Workforce
Relations, Workforce Policy and Innovation, at (202) 606-2930 or
<a href="/cdn-cgi/l/email-protection#41242c312d2e3824242022222e342f352023282d283538012e312c6f262e37"><span class="__cf_email__" data-cfemail="bbded6cbd7d4c2dededad8d8d4ced5cfdad9d2d7d2cfc2fbd4cbd695dcd4cd">[email protected]</span></a>.
SUPPLEMENTARY INFORMATION: Sections 721 and 723 of title 38, United
States Code, permit the VA to order the recoupment of a VA employee's
awards, bonuses, or relocation expenses if (a) the VA finds the
individual engaged in misconduct, poor performance, fraud, or
malfeasance and (b) if the VA had known about those actions prior to
awarding the relevant benefit, it would have impacted the awarding of
said benefit. Section 719 of title 38, United States Code, permits the
VA to order the reduction of a VA employee's retirement
[[Page 3971]]
benefits if they were convicted of certain crimes and removed for (or
are in the process of being removed for) performance or misconduct.
These statutes provide individuals who receive one of these orders the
right to appeal that order to the Director of OPM. In accordance with 5
U.S.C. 552a(r), OPM has provided a report of this new system of records
to the Office of Management and Budget and to Congress. This new system
of records will be included in OPM's inventory of record systems.
Office of Personnel Management.
Kayyonne Marston,
Federal Register Liaison.
SYSTEM NAME AND NUMBER:
OPM/Internal--31, VA Recoupment and Reduction Appeals to OPM.
SECURITY CLASSIFICATION:
Unclassified.
SYSTEM LOCATION:
Records on recoupments are stored at: Workforce Policy and
Innovation, Office of Personnel Management, 1900 E Street NW,
Washington, DC 20415-0001.
Records on the reduction of retirement benefits are stored at:
Retirement Services, Office of Personnel Management, 1900 E Street NW,
Washington, DC 20415-0001.
SYSTEM MANAGER(S):
Deputy Associate Director, Employee Services, Accountability and
Workforce Relations, Workforce Policy and Innovation, Office of
Personnel Management, 1900 E Street NW, Washington, DC 20415-0001.
AUTHORITY FOR MAINTENANCE OF THE SYSTEM:
38 U.S.C. 719, Reduction of benefits of employees convicted of
certain crimes; 38 U.S.C. 721, Recoupment of bonuses or awards paid to
employees of Department; and 38 U.S.C. 723, Recoupment of relocation
expenses paid on behalf of employees of Department.
PURPOSE(S) OF THE SYSTEM:
The purpose of this system of records is to process appeals from
current and former civil service Department of Veterans Affairs (VA)
employees, who (a) received an order by the VA to recoup or reduce
their awards, bonuses, relocation expenses, or retirement benefits and
(b) appealed that order to the Director of the Office of Personnel
Management (OPM).
CATEGORIES OF INDIVIDUALS COVERED BY THE SYSTEM:
This system of records will include information on current and
former civil service VA employees (a) who received an order by the VA
to recoup or reduce their awards, bonuses, relocation expenses, or
retirement benefits and (b) appealed that order to the Director of OPM.
CATEGORIES OF RECORDS IN THE SYSTEM:
This system of records will contain information related to an
appeal of a VA order by a current or former civil service VA employee.
This may include the following:
a. The notice of proposed order received;
b. The employee's response to the proposed order;
c. The order received;
d. A statement explaining why the employee believes the order
received is in error;
e. The name, mailing address, telephone number, and email address
of the employee and, if applicable, their authorized representative;
f. The name, mailing address, telephone number, and email address
of the VA official who issued the order;
g. The evidence file relied upon in proposing and deciding the VA
order; and
h. Any other evidence, information, and correspondence (between
OPM, VA, and/or the current or former civil service VA employee) that
is received, developed, or issued during the appeal.
RECORD SOURCE CATEGORIES:
Information in this system of records may be provided by the
current or former civil service VA employee (or their authorized
representative). Information in this system of records may also be
provided by OPM and VA staff who are involved in adjudicating the
appeal or providing information related to the appeal.
ROUTINE USES OF RECORDS MAINTAINED IN THE SYSTEM, INCLUDING CATEGORIES
OF USERS AND PURPOSES OF SUCH USES:
In addition to those disclosures generally permitted under 5 U.S.C.
552a(b) of the Privacy Act, the records in this system may be disclosed
outside OPM as a routine use pursuant to 5 U.S.C. 552a(b)(3) as
follows:
a. In an appropriate proceeding before a court, grand jury, or
administrative or adjudicative body, when OPM or another agency
representing OPM determines that the records are relevant and necessary
to the proceeding; or in an appropriate proceeding before an
administrative or adjudicative body when the adjudicator determines the
records to be relevant to the proceeding.
b. To the Department of Justice when (a) OPM, or any component
thereof; (b) any OPM employee in their official capacity; (c) any OPM
employee in their individual capacity where the Department of Justice
has agreed to represent the employee; or (d) the United States, where
OPM determines that litigation is likely to affect OPM or any of its
components, is a party to litigation or has an interest in such
litigation, and the use of such records by the Department of Justice is
deemed by OPM to be relevant and necessary to the litigation.
c. Where a record, either alone or in conjunction with other
information, indicates a violation or potential violation of law--
criminal, civil, or regulatory in nature--the relevant records may be
referred to the appropriate Federal, State, local, territorial, Tribal,
or foreign law enforcement authority or other appropriate entity
charged with the responsibility for investigating or prosecuting such
violation or charged with enforcing or implementing such law.
d. 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 to whom the record pertains.
e. To the National Archives and Records Administration (NARA) for
records management inspections conducted under the authority of 44
U.S.C. 2904 and 2906.
f. To appropriate agencies, entities, and persons when (1) OPM
suspects or has confirmed that there has been a breach of the system of
records, (2) OPM has determined that as a result of the suspected or
confirmed breach there is a risk of harm to individuals, OPM (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 OPM's efforts to respond to the suspected or confirmed
breach or to prevent, minimize, or remedy such harm.
g. To another Federal agency or Federal entity, when OPM 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.
[[Page 3972]]
h. To contractors, grantees, experts, consultants, or volunteers
performing or working on a contract, service, grant, cooperative
agreement, or other assignment for OPM to the extent necessary to
accomplish an agency function related to this system of records.
i. To the VA for their personnel and administrative records, and to
the VA Office of the Inspector General for oversight purposes.
j. To external parties who OPM has reason to believe possess
evidence relevant to the adjudication of the appeal, to the extent
necessary to elicit such evidence.
k. To the Department of Defense, the Office of the Director of
National Intelligence, and other Federal Government agencies
responsible for conducting and adjudicating background investigations,
continuous evaluation, and continuous vetting to provide them with
information relevant to their inquiries and investigations.
POLICIES AND PRACTICES FOR STORAGE OF RECORDS:
The records in this system of records are stored electronically on
servers operated by OPM or pursuant to an OPM contract, or on paper in
locked file cabinets or locked offices. Access to the electronic
systems or paper files is restricted to authorized users with a need to
know.
POLICIES AND PRACTICES FOR RETRIEVAL OF RECORDS:
Records may be retrieved by name or other personal identifiers
discussed in the categories of records section of this notice.
POLICIES AND PRACTICES FOR RETENTION AND DISPOSAL OF RECORDS:
A records retention schedule will be established with NARA for the
records about covered individuals in this system of records and, until
it is finalized, records will be treated as permanent. Once that
schedule is established, the method(s) for disposing of records that
are no longer eligible for retention will be established.
ADMINISTRATIVE, TECHNICAL, AND PHYSICAL SAFEGUARDS:
Several administrative, technical, and physical security measures
protect the records in this system from unauthorized access and misuse.
These measures include encryption, limited access based on an
individual's role, and assuring staff who are authorized to access the
records have received the appropriate privacy and security training.
All these measures comply with the Federal Information Security
Modernization Act of 2002, as amended by the Federal Information
Security Modernization Act of 2014, OMB policies, and standards and
guidance from the National Institute of Standards and Technology
(NIST). Any paper records in this system will be stored in locked file
cabinets or locked offices with access restricted to those who have a
need to know and the appropriate privacy and security training.
RECORD ACCESS PROCEDURES:
Individuals seeking access to their records in this system may
email their request to <a href="/cdn-cgi/l/email-protection#395f56505879564954175e564f"><span class="__cf_email__" data-cfemail="ef8980868eaf809f82c1888099">[email protected]</span></a> or mail their request to the Office
of Personnel Management, Office of the Executive Secretariat, Privacy,
and Information Management--FOIA, 1900 E Street NW, OESPIM/FOIA, Room
5H35, Washington, DC 20415-0001. The email or letter should:
1. Include the words ``Privacy Act Records Access Request'',
2. State that the request relates to OPM/Internal--31, VA
Recoupment and Reduction Appeals to OPM, and
3. Clearly describe the information requested.
The letter or email must also include the individual's:
1. Full name, and any former names,
2. Date of birth,
3. Preference for how they want to be contacted (home address,
telephone number, and/or personal email), and
4. Signature.
Additional requirements regarding record access requests, including
the rights of guardians and how records may be provided, may be found
in 5 CFR part 297, Privacy Procedures for Personnel Records.
CONTESTING RECORD PROCEDURES:
Individuals wishing to request an amendment of records about them
may email their request to <a href="/cdn-cgi/l/email-protection#284e47414968475845064f475e"><span class="__cf_email__" data-cfemail="c3a5acaaa283acb3aeeda4acb5">[email protected]</span></a> or mail their request to the
Office of Personnel Management, Office of the Executive Secretariat,
Privacy, and Information Management--FOIA, 1900 E Street NW, OESPIM/
FOIA, Room 5H35, Washington, DC 20415-0001. The email or letter should:
1. Include the words ``Privacy Act Amendment Request'',
2. State that the request relates to OPM/Internal--31, VA
Recoupment and Reduction Appeals to OPM,
3. Clearly describe the records the individual wants to amend and
why, and
4. Include any documents which could help substantiate the request.
The letter or email must also include the individual's:
1. Full name, and any former names,
2. Date of birth,
3. Preference for how they want to be contacted (home address,
telephone number, and/or personal email), and
4. Signature.
Additional requirements regarding record access requests, including
the rights of guardians and how records may be provided, may be found
in 5 CFR part 297, Privacy Procedures for Personnel Records.
NOTIFICATION PROCEDURES:
See ``Record Access Procedures.''
EXEMPTIONS PROMULGATED FOR THE SYSTEM:
None.
HISTORY:
None.
[FR Doc. 2025-00584 Filed 1-14-25; 8:45 am]
BILLING CODE 6325-39-P
</pre><script data-cfasync="false" src="/cdn-cgi/scripts/5c5dd728/cloudflare-static/email-decode.min.js"></script></body>
</html>Indexed from Federal Register on January 15, 2025.
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.