Rule2025-18663
Privacy Act of 1974; Implementation
Primary source
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Published
September 25, 2025
Effective
October 27, 2025
Issuing agencies
Veterans Affairs Department
Abstract
The Department of Veterans Affairs (VA) adopts as final, with one technical change, a proposed rule to amend its regulations governing the confidentiality and release of VA records subject to the Privacy Act of 1974. This rulemaking exempts 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 90 Issue 184 (Thursday, September 25, 2025)</title>
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[Federal Register Volume 90, Number 184 (Thursday, September 25, 2025)]
[Rules and Regulations]
[Pages 46062-46063]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2025-18663]
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DEPARTMENT OF VETERANS AFFAIRS
38 CFR Part 1
[Docket No. VA-2024-VHA-0015]
RIN 2900-AS11
Privacy Act of 1974; Implementation
AGENCY: Department of Veterans Affairs.
ACTION: Final rule.
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SUMMARY: The Department of Veterans Affairs (VA) adopts as final, with
one technical change, a proposed rule to amend its regulations
governing the confidentiality and release of VA records subject to the
Privacy Act of 1974. This rulemaking exempts 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: This rule is effective October 27, 2025.
FOR FURTHER INFORMATION CONTACT: Stephania Griffin, Veterans Health
Administration, (704) 245-2492.
SUPPLEMENTARY INFORMATION: On July 25, 2024, VA published a proposed
rule in the Federal Register (89 FR 60337) to revise its regulations by
adding an exemption to its current list of Privacy Act exemptions in
new paragraph (f) of 38 Code of Federal Regulations (CFR) 1.582.
Immediately proceeding the proposed rulemaking, VA provided notice in
the Federal Register (89 FR 59970) on July 24, 2024, that it was
establishing a new system of records titled ``Law Enforcement Officer
Evaluations (LEO Evals)--VA (216VA10).'' Information in this new system
of records would 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 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. 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 would
exempt portions of the ``LEO Evals'' system of records from the
accounting, access, and administrative provisions of the Privacy Act to
preserve the integrity of the examination or testing process.
VA provided a 60-day comment period, which ended on September 23,
2024. VA received one supportive comment on the proposed rule, and we
thank the commenter for their comment. Based on the rationale set forth
in the proposed rule, VA now adopts the proposed rule as final with the
technical change as described below.
Technical Change Not Based on Comments
In the amendatory language for the proposed rule, VA stated the
authority citation for 38 CFR part 1 would remain unchanged as 38
U.S.C. 5101, and as noted in specific sections. However, the correct
authority citation for 38 CFR part 1 is 38 U.S.C. 501, which is VA's
general rulemaking authority. Previous rulemakings intended to change
authority citations for specific regulations, but inadvertently made
changes to the authority citation for the entire part. Therefore, VA
will make a technical change to revise the authority citation for 38
CFR part 1 along with this final rulemaking.
Executive Orders 12866, 13563, and 14192
VA examined the impact of this rulemaking as required by Executive
Orders 12866 (Sept. 30, 1993) and 13563 (Jan. 18, 2011), which direct
agencies to assess all costs and benefits of available regulatory
alternatives and, if regulation is necessary, to select regulatory
approaches that maximize net benefits. The Office of Information and
Regulatory Affairs has determined that this rulemaking is not a
significant regulatory action under Executive Order 12866, as
supplemented by Executive Order 13563. This final rule is not an
Executive Order 14192 regulatory action because this rule is not
significant under Executive Order 12866.
Economic Impact: There are no costs or savings associated with this
final rule. VA determined that rulemaking was required to implement
this exemption under the Privacy Act, consistent with 5 U.S.C. 552a(k).
While this final rule has no associated costs, the exemption claimed
will ensure objectivity and fairness in the psychological evaluation
and testing process for VA police officers.
Regulatory Flexibility Act
The Secretary hereby certifies that this final rule would not have
a significant economic impact on a substantial number of small entities
as
[[Page 46063]]
they are defined in the Regulatory Flexibility Act (5 U.S.C. 601-612).
The factual basis for this certification is based on the fact that the
Privacy Act primarily affects individuals and not entities, and the
final rule will impose no duties or obligations on small entities.
Therefore, under 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
This final rule will not 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.
Paperwork Reduction Act
This final 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).
Congressional Review Act
Pursuant to Subtitle E of the Small Business Regulatory Enforcement
Fairness Act of 1996 (known as the Congressional Review Act) (5 U.S.C.
801 et seq.), the Office of Information and Regulatory Affairs
determined this rule does not meet the criteria for a ``major rule''
under 5 U.S.C. 804(2).
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
Douglas A. Collins, Secretary of Veterans Affairs, approved this
document on September 23, 2025, 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.
Taylor N. Mattson,
Alternate Federal Register Liaison Officer, Department of Veterans
Affairs.
For the reasons stated in the preamble, the Department of Veterans
Affairs amends 38 CFR part 1 as set forth below:
PART 1--GENERAL PROVISIONS
0
1. The authority citation for part 1 is revised to read as follows:
Authority: 38 U.S.C. 501, 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. 2025-18663 Filed 9-24-25; 8:45 am]
BILLING CODE 8320-01-P
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</html>Indexed from Federal Register on September 25, 2025.
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