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.

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. ( printed page 35617)

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 ( printed page 35618) 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); ( printed page 35619) 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).

91 FR 35615