Notice2026-11766
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
June 11, 2026
Issuing agencies
Veterans Affairs Department
Abstract
As required by the Privacy Act of 1974, notice is hereby given that the Department of Veterans Affairs (VA) is modifying the system of records titled, "Criminal Investigations--VA" (11VA51). The purpose of this system of records is to compile evidence to prove or disprove criminal conduct, identify individual criminal offenders and alleged offenders, and identify witnesses and documents relevant to the investigation of the allegations.
Full Text
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<title>Federal Register, Volume 91 Issue 112 (Thursday, June 11, 2026)</title>
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[Federal Register Volume 91, Number 112 (Thursday, June 11, 2026)]
[Notices]
[Pages 35615-35619]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2026-11766]
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DEPARTMENT OF VETERANS AFFAIRS
[Docket No. VA-2025-VACO-0001]
Privacy Act of 1974; System of Records
AGENCY: Department of Veterans Affairs.
ACTION: Notice of a modified system of records.
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SUMMARY: As required by the Privacy Act of 1974, notice is hereby given
that the Department of Veterans Affairs (VA) is modifying the system of
records titled, ``Criminal Investigations--VA'' (11VA51). The purpose
of this system of records is to compile evidence to prove or disprove
criminal conduct, identify individual criminal offenders and alleged
offenders, and identify witnesses and documents relevant to the
investigation of the allegations.
DATES: Comments on this modified system of records must be received no
later than 30 days after publication in the Federal Register. If no
public
[[Page 35616]]
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 the 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> under
docket number VA-2025-VACO-0001 or mailed to VA Privacy Service
(005X6F), 810 Vermont Avenue NW, Washington, DC 20420. Comments should
indicate that they are submitted in response to Criminal
Investigations--VA (11VA51). Instructions for accessing agency
documents, submitting comments, and viewing the docket are available on
<a href="http://www.regulations.gov">www.regulations.gov</a> under ``FAQ.''
FOR FURTHER INFORMATION CONTACT: Chief, Data, Privacy and AI Office
(50CI), Office of Inspector General, Department of Veterans Affairs, or
fax comments to 202-495-5867.
SUPPLEMENTARY INFORMATION: This publication is in accordance with the
Privacy Act requirement that agencies publish their amended system of
records in the Federal Register when there is revision, change, or
addition. VA is modifying this system of records by revising the
Purpose; Security Classification; Routine Uses; the Policies and
Practices for Storing, Retrieving, Accessing, Retaining, and Disposing
of Records within the System; Retention and Disposal; Record Access
Procedures; and Contesting Record Procedures. VA is republishing the
system notice in its entirety.
The VA Office of Inspector General reviewed its system of records
notices and determined its record system, ``Criminal Investigations''
(11VA51), should be amended to reflect evolving technology and
procedures, to conform to current practice, and to reflect current
authorities.
The Purpose of the System is being amended to include language
addressing the prevention and detection of fraud and abuse in VA
programs, and separately, to prevent, detect, or recoup fraud and
improper payments, as mandated in Executive Order 14249.
The Security Classification is being amended to ``Unclassified.''
The Routine Uses are being amended to conform to changes as
mandated in Executive Order 14249 and recommended by the Office of
Management and Budget.
The Policies and Practices for Storing, Retrieving, Accessing,
Retaining, and Disposing of Records within the system are being
modified to state current practices and systems.
The Retention and Disposal section is being amended to include
``Records Control Schedule DAA-0015-2013-0004.''
The Record Access Procedures section is being amended to state that
the system manager should request record access, and requests should
include proof of identity and a sufficient description of the records
sought.
The Contesting Record Procedures section is being amended to state
that requests to contest or amend records should be directed to the
system manager, should specify what is being contested, and that most
records in this system are exempt from relevant portions 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, Assistant Secretary for Information and
Technology and Chief Information Officer, Department of Veterans
Affairs approved this document on September 25, 2025 for publication.
Dated: June 9, 2026.
Saurav Devkota,
Government Information Specialist, VA Privacy Service, Office of
Information and Technology, Department of Veterans Affairs.
SYSTEM NAME AND NUMBER:
Criminal Investigations--VA (11VA51)
SECURITY CLASSIFICATION:
Unclassified
SYSTEM LOCATION:
Department of Veterans Affairs, Office of Inspector General (OIG),
Office of Assistant Inspector General for Criminal Investigations (51),
810 Vermont Avenue NW, Washington, DC 20420.
SYSTEM MANAGER(S):
Assistant Inspector General for Criminal Investigations (51),
Department of Veterans Affairs, Office of Inspector General, 810
Vermont Avenue NW, Washington, DC 20420.
AUTHORITY FOR MAINTENANCE OF THE SYSTEM:
Inspector General Act of 1978, Public Law (Pub. L.) 95-452, 5
U.S.C. 401, et seq., as amended through Public Law 117- 263 (IG Act).
PURPOSE(S) OF THE SYSTEM:
The purpose of this system of records is to compile evidence to
prevent and detect fraud and abuse in Department of Veterans Affairs
(VA) programs and operations; prevent, detect, or recoup fraud and
improper payments; prove or disprove criminal conduct; identify
individual criminal offenders and alleged offenders; and identify
witnesses and documents relevant to the investigation of the
allegations. The records and information in the system are used in
Federal and state grand jury proceedings, pre-trial negotiations, plea
agreements, pre-trial diversions, court hearings, and trials. The
records and information in the system also may be used in
administrative proceedings when administrative action is taken against
the subject of the investigation. VA OIG is modifying the system of
records to give notice of changes to the system storage and system
manager, and to reflect amendments to the authority under which the
system of records is maintained.
CATEGORIES OF INDIVIDUALS COVERED BY THE SYSTEM:
The following categories of individuals will be covered by the
system: (1) employees, (2) veterans and other VA beneficiaries, and (3)
private citizens, such as contractors, who conduct official business
with VA, or private citizens whose actions affect or relate to the
programs and operations of VA. The individuals who are or have been the
subjects of investigations are those alleged to have violated criminal
laws, either Federal or state, either in the performance of their
official duties or related to the programs and operations of VA.
CATEGORIES OF RECORDS IN THE SYSTEM:
Records and information in this system include reports of criminal
investigations of the VA OIG, Office of Investigations. These reports
may include (1) a narrative summary or synopsis, (2) allegations of
specific wrongdoing or crimes committed, (3) progress reports, (4)
exhibits or attachments to the reports, (5) internal documentation and
memoranda, and (6) affidavits or sworn statements. The name of the
subject of an investigation, the subject's title, date of birth, social
security number, home address, the station at which an investigation
took place, the OIG's case number, the time period the investigation
took place, and the outcome of the case are maintained in an electronic
database and in hard copy files.
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RECORD SOURCE CATEGORIES:
Information is obtained from VA employees, third parties (e.g., a
veteran, VA beneficiary, VA contractor, or private party), the
Government Accountability Office, VA records, and Congressional,
Federal, state, and local offices or agencies.
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 (a) VA suspects or has confirmed
that there has been a breach of the system of records; (b) 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 (c) 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 (a) responding to a suspected
or confirmed breach or (b) 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.
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. The
disclosure of the names and addresses of veterans and their dependents
from VA records under this routine use also must comply with the
provisions of 38 U.S.C. 5701(f).
4. Department of Justice (DoJ), Litigation, Administrative
Proceeding: To the DoJ, or in a proceeding before a court, adjudicative
body, or other administrative body before which VA is authorized to
appear, when any of the following 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:
a. VA or any component thereof;
b. Any VA employee in their official capacity;
c. Any VA employee in their individual capacity where the 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.
5. 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.
6. 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.
7. 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.
8. Merit Systems Protection Bureau (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.
9. National Archives and Records Administration (NARA): To the 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.
10. Attorneys, Insurers, Employers, for Preparation, Presentation,
Prosecution of Claims: To attorneys, insurance companies, employers,
third parties, and courts, boards, or commissions as relevant and
necessary to aid the United States in the preparation, presentation,
and prosecution of claims authorized by law.
Federal Agencies, Courts, Litigants for Litigation or
Administrative Proceedings: To another Federal agency, court, or party
engaged in or in anticipation of 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. Any
information in this system of records may be disclosed, in the course
of presenting evidence to a court, magistrate, administrative tribunal,
or grand jury, including disclosures to opposing counsel in the course
of such proceedings or in settlement negotiations.
11. Law Enforcement for Locating Fugitives: To any Federal, state,
local, territorial, tribal, or foreign law enforcement agency to
identify, locate, or report a known fugitive felon, in compliance with
38 U.S.C. 5313B(d).
12. Sources: Information is obtained from any source or person,
either private or governmental, to the extent necessary to secure from
such source or person information relevant to, and sought in
furtherance of, an investigation, inquiry, or inspection. Examples of
these type of sources include VA employees, third parties (e.g., a
veteran, VA beneficiary, VA contractor or private party), the
Government Accountability Office, Department of Veterans Affairs
records, congressional, federal, state, and local offices or agencies.
13. State Licensing Boards, Professional Disciplinary Boards: To
Federal, state, or local professional, regulatory, or disciplinary
organizations or associations, including but not limited to bar
associations, state licensing boards, and similar professional
entities, for use in disciplinary proceedings and inquiries preparatory
thereto, where VA determines that there is good cause to question the
legality or ethical propriety of the conduct of a person employed by VA
or a person representing a person in a matter before VA. The name and
address of a Veteran may be disclosed to a Federal agency under this
routine use if the Federal agency requested this information to enable
it to respond to the VA inquiry.
Department of Treasury: To the Department of Treasury for use in
identifying, preventing, or recouping
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fraud and improper payments to the extent permissible by law.
POLICIES AND PRACTICES FOR STORAGE OF RECORDS:
Records and information are stored electronically in the VA OIG
Enterprise Management System (EMS) or legacy Master Case Index (MCI)
databases and servers in the office of the VA OIG's Information
Technology Division. Backup records are stored on electronic media, or
on cloud storage, and some files also may be retained in hard copy
format in secure file folders. The VA OIG Hotline Division and Office
of Investigations are responsible for electronically inputting records
and information received from complainants, referrals, and
correspondence related to the initiation of a case and final reports.
Information input electronically includes all correspondence to and
from complainants, correspondence (including email messages) to and
among VA OIG organizational elements about complaints, and
correspondence to and from any VA component to which a case was
referred. Complaints and information about VA employees, including all
investigative reports and work papers, are maintained in electronic
files with restricted access limited to those with a need to know for
their official duties, including personnel in the VA OIG Office of
Investigations, VA OIG Human Resources Management Division, VA OIG
attorneys, and VA OIG management officials responsible for supervising
any VA OIG employee who is the subject of an internal investigation.
POLICIES AND PRACTICES FOR RETRIEVAL OF RECORDS:
Information and records are retrieved by EMS or MCI case number and
the name of the subject of the investigation. Scanned documents,
reports, and other uploaded information that are made part of the
electronic file cannot be searched or retrieved from the EMS or MCI
databases as part of a general search.
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 Control Schedule DAA-0015-2013-0004.
ADMINISTRATIVE, TECHNICAL, AND PHYSICAL SAFEGUARDS:
Information in the system is protected from unauthorized access
through administrative, physical, and technical safeguards. Access to
the hard copy and computerized information is restricted to authorized
OIG personnel on a need-to-know basis. Hard copy records are maintained
in offices that are restricted during work hours or are locked after
duty hours. The headquarters building is protected by security guards
and access is restricted during non-duty hours. Access to computerized
information is limited to VA OIG employees by means of passwords and
authorized user identification codes. Computer system documentation is
maintained in a secure environment in the OIG, VA Central Office.
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 herein. A request for access to records
must contain the requester's full name, address, telephone number, be
signed by the requester, include proof of identity, and describe the
records sought in sufficient detail to enable VA personnel to locate
them with a reasonable amount of effort. However, a majority of records
in this system are exempt from the records access and contesting
requirements under 5 U.S.C. 552a(j) and (k). To the extent that records
in this system of records are not subject to exemption, they are
subject to access and contest. A determination as to whether an
exemption applies shall be made at the time a request for access or
contest is received.
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 herein. 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. Most records
in this system are exempt from the review and amendment provisions
under 5 U.S.C. 552a(j) and (k).
NOTIFICATION PROCEDURES:
An individual who wishes to determine whether a record is being
maintained by the Assistant Inspector General for Investigations under
the individual's name in this system or wishes to determine the
contents of such records should submit a written request to the
Assistant Inspector General for Management and Administration (53).
Most records in this system are exempt from the notification
requirements under 5 U.S.C. 552a(j) and (k). To the extent that records
in this system of records are not subject to exemption, they are
subject to notification. A determination as to whether an exemption
applies shall be made at the time a request for notification is
received.
EXEMPTIONS PROMULGATED FOR THE SYSTEM:
Under 5 U.S.C. 552a(j)(2), the head of any agency may exempt any
system of records within the agency from certain provisions of the
Privacy Act if the agency or component that maintains the system
performs as its principal function any activities pertaining to the
enforcement of criminal laws. The Inspector General Act of 1978, Public
Law 95-452 (Inspector General Act), as amended, mandates that the
Inspector General recommend policies for and to conduct, supervise, and
coordinate activities in VA and between VA and other Federal, state,
and local governmental agencies with respect to (1) the prevention and
detection of fraud in programs and operations administered or financed
by VA and (2) the identification and prosecution of participants in
such fraud. Under the Inspector General Act, whenever the Inspector
General has reasonable grounds to believe there has been a violation of
Federal criminal law, the Inspector General must report the matter
expeditiously to the Attorney General. This system of records has been
created in major part to support the criminal law-related activities
assigned by the Inspector General to the Assistant Inspector General
for Investigations. These activities constitute a principal function of
the Inspector General's Hotline and Criminal Investigations staff. In
addition to principal functions pertaining to the enforcement of
criminal laws, the Inspector General may receive and investigate
complaints and allegations from various sources concerning the possible
existence of activities constituting non-criminal violations of law,
rules, or regulations; mismanagement; gross waste of funds; abuses of
authority; or substantial and specific danger to public health and
safety. This system of records also exists to support inquiries by the
Assistant Inspectors General for Auditing, for Management and
Administration, for Administrative Investigations, and for Healthcare
Inspections into non-criminal matters. Based upon the foregoing, the
Secretary of Veterans Affairs exempted this system of records, to the
extent that it encompasses information pertaining to criminal law-
related activities, from the following provisions of the Privacy Act of
1974, as permitted by 5 U.S.C. 552a(j)(2); 5 U.S.C. 552a(c)(3) and (4);
5 U.S.C. 552a(d); 5 U.S.C. 552a(e)(1), (2), and (3);
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5 U.S.C. 552a(e)(4)(G), (H), and (I); 5 U.S.C. 552a(e)(5) and (8); 5
U.S.C. 552a(f); and 5 U.S.C. 552a(g). The Secretary of Veterans Affairs
also exempted this system of records to the extent that it does not
encompass information pertaining to criminal law related activities
under 5 U.S.C. 552a(j)(2) from the following provisions of the Privacy
Act of 1974, as permitted by 5 U.S.C. 552a(k)(2); 5 U.S.C. 552a(c)(3);
5 U.S.C. 552a(d); 5 U.S.C. 552a(e)(1); 5 U.S.C. 552a(e)(4)(G), (H), and
(I); and 5 U.S.C. 552a(f). See 38 CFR 1.582(b).
Reasons for Exemptions:
The exemption of information and material in this system of records
is necessary to accomplish the law enforcement functions of the OIG,
for example, to prevent subjects of investigations from frustrating the
investigatory process by discovering the scope and progress of an
investigation, to prevent the disclosure of investigative techniques,
to fulfill commitments made to protect the confidentiality of sources,
to maintain access to sources of information, and to avoid endangering
these sources and law enforcement personnel.
HISTORY:
73 FR 46708 (August 11, 2005); 84 FR 16141 (April 17, 2019).
[FR Doc. 2026-11766 Filed 6-10-26; 8:45 am]
BILLING CODE 8320-01-P
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</html>Indexed from Federal Register on June 11, 2026.
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.