VA'S #1 ATTORNEY RESIGNS IN WAKE OF DATA THEFT DEBACLE --

VA's General Counsel, Tim McClain, returns to private sector.

McClain was criticized for not allowing centralized

authority for the VA's CIO.   McClain's departure opens the

door to privatizing VA's healthcare software.

All information on VA data theft on this page... http://www.vawatchdog.org/va%20data%20theft%20news.htm 

Here's why McClain is "resigning"...he interpreted the law correctly.  http://www.vawatchdog.org/old%20newsflashes%20JUN%2006/newsflash06-24-2006-7.htm

That put him in the way of those who wanted a strong Chief Information Officer at the VA with COMPLETE control over all Information Technology functions.

More info on McClain's legal decisions here... http://www.vawatchdog.org/old%20newsflashes%20JUN%2006/newsflash06-22-2006-8.htm

The push for a strong CIO was headed by Rep. Steve Buyer (R-IN), Chairman of the House Committee on Veterans' Affairs.  More here... http://www.vawatchdog.org/milcom/ciopowergrabatva-rev2.htm

What we have here is another sacrificial lamb.  McClain did the right thing and now he's paying the price.

And, this will lead the way to private companies taking control of VA's VistA / CPRS software which is now open-source and available to anyone. 

This is, plainly and simply, a power grab and a money grab. 

Tim McClain just happened to get in the way.

We have a news story and a VA press release.

Story here... http://www.chron.com/disp/story.mpl/ap/politics/4057687.html

Story below:

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VA general counsel leaving government

By HOPE YEN Associated Press Writer

WASHINGTON — A top Veterans Affairs official criticized after the theft of a laptop containing 26.5 million veterans' sensitive information is leaving to take a job in the private sector, the department said Wednesday.

Tim McClain, the VA's general counsel since 2001, is resigning effective Sept. 1 to pursue unspecified opportunities elsewhere. He is the fifth official to leave the department following the May 3 theft of a laptop from a VA data analyst's suburban Maryland home.

"Tim McClain has been an integral part of VA's senior leadership team as our chief legal adviser, and I commend his dedicated service to our nation's veterans," said VA Secretary Jim Nicholson. "He is a consummate professional, and I wish him continued success in his future endeavors."

In recent weeks, McClain has come under fire by lawmakers of both parties who said he resisted repeated attempts in previous years to centralize authority for information security under the agency's chief information officer.

That lack of authority has been cited by auditors as a primary reason behind security weaknesses in the department that contributed to the May 3 theft, the government's largest information security breach. Nicholson has since ordered that the CIO receive that authority. The stolen laptop and external drive containing veterans' data have been recovered.

In an internal memo to the department, McClain did not say why he was leaving but said his departure came with "mixed feelings."

"I will miss my VA family," he wrote.

McClain, along with Nicholson and IG George Opfer, was scheduled to appear before a Senate panel Thursday examining events leading up to and after the May 3 theft. Last week, Opfer issued a stinging indictment of the department's response, faulting both the data analyst and supervisors for poor judgment.

"I'm certain some members will want to know if McClain's departure is part of the shakeup at VA," said Jeff Schrade, communications director for the Senate Committee on Veterans' Affairs.

Since the May 3 burglary, five officials have departed citing various reasons. They include VA deputy assistant secretary Michael McLendon, who oversaw the data analyst; Dennis Duffy, the acting head of the division in which the employee worked; and Pedro Cadenas, the VA's cybersecurity chief.

Jonathan Perlin, the undersecretary for health whose work in transferring millions of veterans' medical records from paper to computer was recently honored by Harvard University, also announced this month he was leaving to become senior vice president at HCA Inc., a Nashville, Tenn.-based hospital company

The department also is seeking to fire the data analyst, who is challenging the dismissal.

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VA press release here... http://www.vawatchdog.org/vapressrelease/vapressrelease07-19-06.htm

Press release below:

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VA General Counsel Departing Agency for Private Sector

July 19, 2006

Secretary Lauds McClain’s Service to America’s Veterans

WASHINGTON – Secretary of Veterans Affairs R. James Nicholson today announced Tim S. McClain, who has served as the agency’s General Counsel since 2001, is resigning, effective September 1, to return to the private sector.

“Tim McClain has been an integral part of VA’s senior leadership team as our chief legal adviser, and I commend his dedicated service to our nation’s veterans,” said Nicholson. “He is a consummate professional, and I wish him continued success in his future endeavors.”

As VA’s General Counsel, McClain serves as the chief legal adviser to the secretary and the department’s senior leaders, and manages the Office of General Counsel, which is comprised of nearly 400 attorneys assigned throughout the United States.

“It has been an honor to serve President Bush, Secretary Nicholson and our nation’s heroes at VA,” McClain said. “The experience has been incredibly rewarding, both personally and professionally.”

A graduate of the U.S. Naval Academy in Annapolis, McClain served in Vietnam as a Surface Warfare Officer. He earned his Juris Doctor degree from California Western School of Law in 1978 and served in the Navy’s Judge Advocate General Corps. McClain retired from active duty in 1990 and held positions in the private sector before coming to VA.

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Larry Scott

(go back to VA Watchdog dot Org Home Page)

	Web www.vawatchdog.org

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