Notice2025-15589
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
August 15, 2025
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 the system of records titled, "Litigation Files--VA" (16VA026). This system contains records pertaining to legal advice, services, and representation by the VA Office of General Counsel (OGC) in all cases, controversies, claims, and administrative investigations involving the Department.
Full Text
<html>
<head>
<title>Federal Register, Volume 90 Issue 156 (Friday, August 15, 2025)</title>
</head>
<body><pre>
[Federal Register Volume 90, Number 156 (Friday, August 15, 2025)]
[Notices]
[Pages 39479-39483]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2025-15589]
-----------------------------------------------------------------------
DEPARTMENT OF VETERANS AFFAIRS
Privacy Act of 1974; System of Records
AGENCY: Department of Veterans Affairs (VA).
ACTION: Notice of a modified system of records.
-----------------------------------------------------------------------
SUMMARY: Pursuant to the Privacy Act of 1974, notice is hereby given
that the Department of Veterans Affairs (VA) is modifying the system of
records titled, ``Litigation Files--VA'' (16VA026). This system
contains records pertaining to legal advice, services, and
representation by the VA Office of General Counsel (OGC) in all cases,
controversies, claims, and administrative investigations involving the
Department.
DATES: Comments on the amended system of records must be received no
later than September 15, 2025. If no public comment is received during
the period allowed for comment or unless otherwise published in the
Federal Register by VA, these revisions 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 Avenue NW, (005X6F)
Washington, DC 20420. Comments should indicate that they are submitted
in response to ``Office of General Counsel (OGC) Legal and Litigation
Files-VA'' (16VA026). Comments received will be available at
<a href="http://regulations.gov">regulations.gov</a> for public viewing, inspection, or copies.
FOR FURTHER INFORMATION CONTACT: OGC Management, Planning, and Analysis
(MPA), Knowledge Management (KM) at: <a href="/cdn-cgi/l/email-protection#f7b8b0b4baa7b6bcbab78196d9909881"><span class="__cf_email__" data-cfemail="b2fdf5f1ffe2f3f9fff2c4d39cd5ddc4">[email protected]</span></a>; OGC MPA, 810
Vermont Ave. NW, Washington, DC 20420; telephone (202) 461-7624 (This
is not a toll-free number).
SUPPLEMENTARY INFORMATION: VA is amending the system of records by
revising the System Name, System Location, System Manager, Purpose,
Categories of Records, Records Source Categories, Routine Uses of
Records Maintained in the System, Policies and Practices for Retention
and Disposal of Records, and Policies and Practices for Retrieval of
Records. VA is republishing the system notice in its entirety.
The System Name is being updated from ``Litigation Files--VA'' to
``Office of General Counsel (OGC) Legal and Litigation Files-VA'' to
more accurately reflect the files included in the system.
The Security Classification of ``unclassified'' is being added.
The System Location is being updated to more accurately reflect
OGC's current organization and records management practices.
The System Manager is being updated to reflect OGC's current
organizational structure and responsibilities. The new System Manager
is ``Executive Director, OGC Management, Planning, and Analysis
(MPA)(026), at: <a href="/cdn-cgi/l/email-protection#3c737b7f0c0e0a715d525d5b59515952487c4a5d125b534a"><span class="__cf_email__" data-cfemail="f7b8b0b4c7c5c1ba96999690929a929983b78196d9909881">[email protected]</span></a>; 810 Vermont Ave. NW,
Washington, DC 20420; telephone (202) 461-7624 (This is not a toll-free
number).''
The Purpose is being updated to reflect that the records included
in the system are the legal and litigation case files used by OGC to
provide legal and litigation services to VA.
The Categories of Records in the System are being updated to more
accurately describe the records maintained in the system.
The Records Source Categories are being updated to include VA
employees, VA contractors, and prospective VA contractors and others
[[Page 39480]]
seeking to enter into agreements with or obtain resources from VA.
VA is replacing the Routine Uses with the following:
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, (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 Authorities, for Reporting Violations of Law: To
a Federal, state, local, territorial, tribal, or foreign law
enforcement authority or other appropriate entity charged with the
responsibility of investigating or prosecuting a violation or potential
violation of law, whether civil, criminal, or regulatory in nature, 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 such a violation or
potential violation. A disclosure of information about veterans or
their beneficiaries from VA claims files under this routine use must
also comply with the provisions of 38 U.S.C. 5701(f).
5. Department of Justice (DoJ): To DoJ when any of the following is
a party to pending or reasonably anticipated litigation before any
court, adjudicative, or administrative body or has an interest in such
litigation, and VA determines that the use of the records by DoJ is
relevant and necessary to the litigation:
(a) VA or any component thereof;
(b) A VA employee in their official capacity;
(c) A VA employee in their individual capacity where DoJ has agreed
to represent the employee; or
(d) The United States, where VA determines that litigation is
likely to affect VA or any of its components.
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. Equal Employment Opportunity Commission (EEOC): To the 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.
8. Federal Labor Relations Authority (FLRA): To the 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.
9. Merit Systems Protection Board (MSPB): To the 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.
10. National Archives and Records Administration (NARA): 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.
11. Office of Personnel Management (OPM), for Civil Service
Matters: To OPM in connection with the application or effect of civil
service laws, rules, regulations, or OPM guidelines in particular
situations.
12. Federal Agencies, for Fraud or Abuse: To other Federal agencies
to assist such agencies in preventing and detecting possible fraud or
abuse by individuals in their operations and programs.
13. Former Employee or Contractor, Representative, for Litigation
Involving VA: To a former VA employee or contractor, as well as the
authorized representative of a current or former employee or contractor
of VA, in defense of or in reasonable anticipation of a tort claim,
litigation, or other administrative or judicial proceeding involving VA
when the Department requires information or consultation assistance
from the current or former employee or contractor in connection with
their employment or contract with VA.
14. Federal Agencies, Courts, Litigants, for Litigation or
Administrative Proceedings: In a pending or reasonably anticipated
proceeding before any court, adjudicative, or administrative body, when
VA determines that the records are relevant and necessary to the
proceeding in accordance with applicable laws, rules, and agency
policies.
15. Domestic and Foreign Agencies for Reimbursement of VA and Debt
Collection: To a Federal, State, local, or foreign agency, insurance
carriers, other individuals from whom the VA is seeking reimbursement
and other parties litigant or having an interest in administrative,
prelitigation, litigation and post-litigation phases of a case or
controversy, provided, that the name and address of a veteran can only
be disclosed under this routine use if the release is for a VA debt
collection proceeding, or if the name and address has been provided to
the VA by the party seeking the information.
16. Former Employee or Contractor, Representative, for EEOC: To a
former VA employee or contractor, as well as the authorized
representative of a current or former employee or contractor of VA, in
connection with investigations by the EEOC pertaining to alleged or
possible discrimination practices, examinations of Federal affirmative
employment programs, or other functions of the Commission as authorized
by law or regulation.
17. 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.
18. Consumer Reporting Agencies: To a consumer reporting agency for
the purpose of locating the individual, obtaining a consumer report to
[[Page 39481]]
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.
Policies and Practices for Storage of Records is being modified to
reflect, ``Records in this system are stored on a secured server under
the control of VA Office of Information and Technology (OIT).''
Policies and Practices for Retention and Disposal of Records is
being modified to identify the records control schedule that governs
the retention and disposition of records in this system.
Records Access Procedures, Contesting Records Procedures, and
Notification Procedures are being modified to address the exemption of
this system of records pursuant to subsection (d)(5) of the Privacy
Act.
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. Eddie Pool,
Deputy Chief Information Officer, Connectivity and Collaboration
Services, Performing the Delegable Duties of the Assistant Secretary
for Information and Technology and Chief Information Officer, approved
this document on April 17, 2025 for publication.
Dated: August 13, 2025.
Saurav Devkota,
Government Information Specialist, VA Privacy Service, Office of
Compliance, Risk and Remediation, Office of Information and Technology,
Department of Veterans Affairs.
SYSTEM NAME AND NUMBER:
``Office of General Counsel (OGC) Legal and Litigation Files-VA''
(16VA026).
SECURITY CLASSIFICATION:
Unclassified.
SYSTEM LOCATION:
The system of records is located in the Office of the General
Counsel (OGC), Department of Veterans Affairs (VA), 810 Vermont Avenue
NW, Washington, DC 20420 and in other OGC offices in various locations.
Records are stored on secured servers under the control of the VA
Office of Information and Technology (OIT).
SYSTEM MANAGER(S):
Executive Director, OGC Management, Planning, and Analysis
(MPA)(026), at: <a href="/cdn-cgi/l/email-protection#1f50585c2f2d29527e717e787a727a716b5f697e31787069"><span class="__cf_email__" data-cfemail="48070f0b787a7e052926292f2d252d263c083e29662f273e">[email protected]</span></a>; 810 Vermont Ave. NW,
Washington, DC 20420; telephone (202) 461-7624 (This is not a toll-free
number).
AUTHORITY FOR MAINTENANCE OF THE SYSTEM:
38 U.S.C. 501; and 38 U.S.C. 311.
PURPOSE(S) OF THE SYSTEM:
The purpose of this system is to maintain records pertaining to
legal advice, services, and representation by OGC in all cases,
controversies, claims, and administrative investigations involving the
Department.
CATEGORIES OF INDIVIDUALS COVERED BY THE SYSTEM:
The record includes information concerning Veterans and their
beneficiaries, current and former employees, current and former
contractors employed by VA, medical service providers, veterans' claims
representatives, veterans' service organizations, litigants and their
attorneys, Federal and state agencies, insurance carriers, witnesses,
or any other interested parties to VA operations and proceedings.
CATEGORIES OF RECORDS IN THE SYSTEM:
Records in the system include the name of an individual or business
entity, and may contain Social Security Number, partial address (city,
state, and zip code), date of birth, Veterans' claim number, financial
records, and medical records. Records also include correspondence,
legal analysis, legal and government ethics opinions, legal reviews,
pleadings, motions, contracting documents, agreements, and other case
notes and documents relevant to the matters contained therein.
RECORD SOURCE CATEGORIES:
Record sources include VA employees, VA contractors and prospective
VA contractors and others seeking to enter into agreements with or
obtain resources from VA, courts, Veterans, beneficiaries and
dependents of Veterans, litigants and their attorneys, Federal and
state agencies, insurance carriers, witnesses, and other interested
parties to VA operations and proceedings.
ROUTINE USES OF RECORDS MAINTAINED IN THE SYSTEM, INCLUDING CATEGORIES
OF USERS AND 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,
(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 Authorities, for Reporting Violations of Law
To a Federal, state, local, territorial, tribal, or foreign law
enforcement authority or other appropriate entity charged with the
responsibility of investigating or prosecuting a violation or potential
violation of law, whether civil, criminal, or regulatory in nature, 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 such a violation or
potential violation. A disclosure of information about veterans or
their dependents from VA claims files under this routine use must also
comply with the provisions of 38 U.S.C. 5701(f).
5. Department of Justice (DoJ)
To DoJ when any of the following is a party to pending or
reasonably anticipated litigation before any court, adjudicative, or
administrative body or has an interest in such litigation, and VA
determines that the use of the
[[Page 39482]]
records by DoJ is relevant and necessary to the litigation:
(a) VA or any component thereof;
(b) Any VA employee in their official capacity;
(c) Any VA employee in their individual capacity where DoJ has
agreed to represent the employee; or
(d) The United States, where VA determines that litigation is
likely to affect VA or any of its components.
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. Equal Employment Opportunity Commission (EEOC)
To the 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.
8. Federal Labor Relations Authority (FLRA)
To the 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.
9. Merit Systems Protection Board (MSPB)
To the 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.
10. National Archives and Records Administration (NARA)
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.
11. Office of Personnel Management (OPM), for Civil Service Matters
To OPM in connection with the application or effect of civil
service laws, rules, regulations, or OPM guidelines in particular
situations.
12. Federal Agencies, for Fraud or Abuse
To other Federal agencies to assist such agencies in preventing and
detecting possible fraud or abuse by individuals in their operations
and programs.
13. Former Employee or Contractor, Representative, for Litigation
Involving VA
To a former VA employee or contractor, as well as the authorized
representative of a current or former employee or contractor of VA, in
defense of or in reasonable anticipation of a tort claim, litigation,
or other administrative or judicial proceeding involving VA when the
Department requires information or consultation assistance from the
current or former employee or contractor in connection with their
employment or contract with VA.
14. Federal Agencies, Courts, Litigants, for Litigation or
Administrative Proceedings
In a pending or reasonable anticipated proceeding before any court,
adjudicative, or administrative body, when VA determines that the
records are relevant and necessary to the proceeding in accordance with
applicable laws, rules, and agency policies.
15. Domestic and Foreign Agencies for Reimbursement of VA and Debt
Collection
To a Federal, State, local, or foreign agency, insurance carriers,
other individuals from whom the VA is seeking reimbursement and other
parties litigant or having an interest in administrative,
prelitigation, litigation and post-litigation phases of a case or
controversy, provided, that the name and address of a veteran can only
be disclosed under this routine use if the release is for a VA debt
collection proceeding, or if the name and address has been provided to
the VA by the party seeking the information.
16. Former Employee or Contractor, Representative, for EEOC
To a former VA employee or contractor, as well as the authorized
representative of a current or former employee or contractor of VA, in
connection with investigations by the EEOC pertaining to alleged or
possible discrimination practices, examinations of Federal affirmative
employment programs, or other functions of the Commission as authorized
by law or regulation.
17. 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.
18. 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.
POLICIES AND PRACTICES FOR STORAGE OF RECORDS:
Records in this system are stored on a secured server under the
control of VA Office of Information and Technology (OIT).
POLICIES AND PRACTICES FOR RETRIEVAL OF RECORDS:
Records in this system are retrievable by the name of the
individual, business or organization involved in the litigation.
POLICIES AND PRACTICES FOR RETENTION AND DISPOSAL OF RECORDS:
Records in this system are retained and to be disposed of in
accordance with the schedule approved by the Archivist of the United
States, OGC Records Control Schedule N1-15-06-2.
ADMINISTRATIVE, TECHNICAL, AND PHYSICAL SAFEGUARDS:
OGC will maintain the data in compliance with applicable VA
security policy directives that specify the standards that will be
applied to protect sensitive personal information. Further, only
authorized individuals who have taken annual mandatory data privacy and
security training may have access to the data and only when needed to
perform their duties.
Access to data storage areas is restricted to authorized VA
employees or contract staff who have been cleared to work by the VA
Office of Security and Law Enforcement (OSLE). File areas are locked
after normal duty hours. VA facilities are protected from outside
access by the Federal Protective Service (FPS) and/or other security
personnel. Security complies with applicable Federal Information
Processing Standards (FIPS) issued by the National Institute of
Standards and Technology (NIST). Contractors and their subcontractors
who access the data are required to maintain the same level of
[[Page 39483]]
security as VA staff. Access to electronic files is controlled by using
an individually unique password entered in combination with an
individually unique user identification code.
RECORD ACCESS PROCEDURES:
This system of records is exempt pursuant to 5 U.S.C. 552a(d)(5)
from the access, amendment, and contest procedures of the Privacy to
the extent that information in this system was compiled in anticipation
of litigation. An individual who is the subject of a record in this
system may seek access to any records pertaining to them that are not
exempt by contacting 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. A determination whether a
record may be accessed will be made at the time a request is received.
CONTESTING RECORD PROCEDURES:
This system of records is exempt pursuant to 5 U.S.C. 552a(d)(5)
from the access, amendment, and contest procedures of the Privacy to
the extent that information in this system was compiled in anticipation
of litigation. An individual who is the subject of a record in this
system may seek to contest or amend any records pertaining to them that
are not exempt by contacting 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. A determination whether a
record may be contested or amended will be made at the time a request
is received.
NOTIFICATION PROCEDURES:
Individuals who wish to be notified if a record in this system of
records pertains to them should submit the request following the
procedures described in ``Record Access Procedures,'' above.
EXEMPTIONS PROMULGATED FOR THE SYSTEM:
Records in this system that were compiled in reasonable
anticipation of a civil action or proceeding are exempt pursuant to 5
U.S.C. 552a(d)(5) from subsections (d)(1), (2), (3), and (4).
HISTORY:
47 FR 1463 (January 13, 1982); 48 FR 17687 (April 25, 1983); 74 FR
11182 (March 16, 2009).
[FR Doc. 2025-15589 Filed 8-14-25; 8:45 am]
BILLING CODE 8320-01-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 August 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.