Privacy Act of 1974; System of Records, 62390-62393 [E9-28387]

Agencies

• DEPARTMENT OF VETERANS AFFAIRS

[Federal Register Volume 74, Number 227 (Friday, November 27, 2009)]
[Notices]
[Pages 62390-62393]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E9-28387]


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DEPARTMENT OF VETERANS AFFAIRS


Privacy Act of 1974; System of Records

AGENCY: Department of Veterans Affairs (VA).

ACTION: Notice of Amendment to System of Records.

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SUMMARY: As required by the Privacy Act of 1974, 5 U.S.C. 552a(e), 
notice is hereby given that the Department of Veterans Affairs (VA) is 
amending the system of records currently entitled ``Health Professional 
Scholarship Program--VA'' (73VA14) as set forth in the Federal Register 
58 FR 40852. VA is amending the system of records by revising the 
System Location, Purpose, Routine Use of Records Maintained in the 
System, Including Categories of Users and the Purposes of Such Uses, 
System Manager and Address, and Record Access Procedure. VA is 
republishing the system notice in its entirety.

DATES: Comments on the amendment of this system of records must be 
received no later than December 28, 2009. If no public comment is 
received, the amended system will become effective December 28, 2009.

ADDRESSES: Written comments may be submitted through 
www.Regulations.gov; by mail or hand-delivery to Director, Regulations 
Management (02REG), Department of Veterans Affairs, 810 Vermont Avenue, 
NW., Room 1068, Washington, DC 20420; or by fax to (202) 273-9026. 
Comments received will be available for public inspection in the Office 
of Regulation Policy and Management, Room 1063B, between the hours of 
8:00 a.m. and 4:30 p.m., Monday through Friday (except holidays). 
Please call (202) 461-4902 (this is not a toll-free number) for an 
appointment. In addition, during the comment period, comments may be 
viewed online through the Federal Docket Management System (FDMS) at 
www.Regulations.gov.

FOR FURTHER INFORMATION CONTACT: Veterans Health Administration (VHA) 
Privacy Officer, Department of Veterans Affairs, 810 Vermont Avenue, 
NW., Washington, DC 20420; telephone (704) 245-2492.

SUPPLEMENTARY INFORMATION: VA is also proposing to add the following 
routine use disclosure of information maintained in the system:
     Routine Use 13 was added. Disclosure may be made to the 
National Archives and Records Administration (NARA) and the General 
Services Administration (GSA) in records management inspections 
conducted under authority of Title 44 U.S.C.
     Routine Use 14 was added. Disclosure of relevant 
information may be made to individuals, organizations, private or 
public agencies, or other entities with whom VA has a contract or 
agreement, or where there is a subcontract to perform such services as 
VA may deem practicable for the purposes of laws administered by VA, in 
order for the contractor or subcontractor to perform the services of 
the contract or agreement.
     Routine Use 15 was added. VA may disclose on its own 
initiative any information in the system, except the names and home 
addresses of Veterans and their dependents, that is relevant to a 
suspected or reasonably imminent violation of the law whether civil, 
criminal, or regulatory in nature, and whether arising by general or 
program statute or by regulation, rule, or order issued pursuant 
thereto, to a Federal, state, local, tribal, or foreign agency charged 
with the responsibility of investigating or prosecuting such violation, 
or charged with enforcing or implementing the statute, regulation, 
rule, or order. VA may also disclose on its own initiative the names 
and addresses of Veterans and their dependents to a Federal agency 
charged with the responsibility of investigating or prosecuting civil, 
criminal, or regulatory violations of law, or charged with enforcing or 
implementing the statute, regulation, or order issued pursuant thereto.
     Routine Use 16 was added. Disclosure to other Federal 
agencies may be made to assist such agencies in preventing and 
detecting possible fraud or abuse by individuals in their operations 
and programs.
     Routine Use 17 was added. VA may, on its own initiative, 
disclose any information or records to appropriate agencies, entities, 
and persons when (1) VA suspects or has confirmed that the integrity or 
confidentiality of information in the system of records has been 
compromised; (2) the Department has determined that as a result of the 
suspected or confirmed compromise, there is a risk of embarrassment or 
harm to the reputations of the record subjects, harm to economic or 
property interests, identity theft or fraud, or harm to the security, 
confidentiality, or integrity of this system or other systems or 
programs (whether maintained by the Department or another agency or 
entity) that rely upon the potentially compromised information; and (3) 
the disclosure is to agencies, entities, or persons whom VA determines 
are reasonably necessary to assist or carry out the Department's 
efforts to respond to the suspected or confirmed compromise and 
prevent, minimize, or remedy such harm. This routine use permits 
disclosures by the Department to respond to a suspected or confirmed 
data breach, including the conduct of any risk analysis or provision of 
credit protection services as provided in 38 U.S.C. 5724, as the terms 
are defined in 38 U.S.C. 5727.
    The Report of Intent to Amend a System on Records Notice and an 
advance copy of the system notice have been sent to the appropriate 
Congressional committees and to the Director of the Office of 
Management and Budget (OMB) as required by 5 U.S.C. 552a(r) (Privacy 
Act) and guidelines issued by OMB (65 FR 77677), December 12, 2000.


[[Page 62391]]


    Approved November 9, 2009.
John R. Gingrich,
Chief of Staff, Department of Veterans Affairs.
73VA14

SYSTEM NAME:
    Health Professional Scholarship Program--VA.

SYSTEM LOCATION:
    Active records will be maintained at the Office of Academic 
Affiliations (OAA), Veterans Health Administration, Veterans 
Administration Central Office (VACO), 810 Vermont Avenue, NW., 
Washington, DC 20420, and the Data Processing Center, Department of 
Veterans Affairs, 1615 East Woodward Street, Austin, TX 78772. Complete 
records will be maintained only at the VACO address.

CATEGORIES OF INDIVIDUALS COVERED BY THE SYSTEM:
    Individuals who apply for and are awarded scholarships under the 
provisions of the Veterans Administration Health Professional 
Scholarship Program in the fields of medicine, osteopathy and nursing.

Categories of records in the system:
    Records (or information contained in records) in this system may 
include: Personal identification information related to the application 
material, to award processes, to employment, and to obligated service, 
such as (1) name, (2) address, (3) telephone number, (4) social 
security number, (5) award amounts, (6) obligated service incurred; and 
payment information such as name and address of the educational 
institution or any amount of indebtedness (accounts receivable) arising 
from the scholarship and owed to VA.

Authority for maintenance of the system:
    Title 38, U.S.C. 210(c), 4141-4146 and 4118.

PURPOSE(S):
    These records support the Health Professional Scholarship Program. 
The Health Professional Scholarship Program was established by Public 
Law 96-330, and awarded scholarships from 1982 through 1995 to 3,330 
students earning baccalaureate and master's degrees in nursing and 
other health professions. These records consist of application 
materials and records that document the completion of the service 
obligation. Occasionally, there is a record of waiver of financial 
payback or default on obligation for service. Records of individuals 
who default remain indefinitely in the program office because records 
are required for review and decision-making in the case of waiver 
requests years in the future. If the scholarship program is re-
authorized, additional records will be accrued.

Routine uses of records maintained in the system, including categories 
of users and the purposes of such uses:
    To the extent that records contained in the system include 
information protected by 45 CFR Parts 160 and 164, i.e., individually 
identifiable health information, and 38 U.S.C. 7332, i.e., medical 
treatment information related to drug abuse, alcoholism or alcohol 
abuse, sickle cell anemia or infection with the human immunodeficiency 
virus, that information cannot be disclosed under a routine use unless 
there is also specific statutory authority in 38 U.S.C. 7332 and 
regulatory authority in 45 CFR Parts 160 and 164 permitting disclosure.
    1. The record of an individual who is covered by this system may be 
disclosed to a member of Congress or staff person acting for the member 
when the member or staff person requests the record on behalf of and at 
the request of that individual.
    2. Any information in this system may be disclosed to a Federal, 
state or local agency, upon its official request, to the extent that it 
is relevant and necessary to that agency's decision on: The hiring, 
transfer or retention of an employee, the issuance of a security 
clearance, the letting of a contract, or the issuance or continuance of 
a license, grant or other benefit by that agency.
    3. Any information in this system may be disclosed to a Federal, 
state or local agency maintaining civil or criminal violation records, 
or other pertinent information such as prior employment history, prior 
Federal employment background investigations, and personal or 
educational background in order for VA to obtain information relevant 
to the hiring, transfer or retention of an employee, the letting of a 
contract, the granting of a security clearance, or the issuance of a 
grant or other benefit.
    4. Any information in this system may be disclosed to a Federal 
agency in order to determine if an applicant has an obligation for 
service under another Federal program, thus rendering the applicant 
ineligible for a VA scholarship. (38 U.S.C. 4142(a)(4)).
    5. Any information in this system pertaining to individuals 
eligible for scholarships may be disclosed to educational institutions 
in order to assist in the administration of this program.
    6. Award payment information may be disclosed to the Treasury 
Department to permit delivery of scholarship-related checks to students 
and to educational institutions.
    7. Any information in this system, including available identifying 
information regarding the debtor, such as name, place of birth, and 
date of birth of the debtor may be disclosed under this routine use to 
Federal, state or consumer reporting agencies in order to obtain 
current name, address, locator and credit report in connection with any 
proceeding for the collection of an amount owed to the United States by 
virtue of an individual's participation in the VA Health Professional 
Scholarship Program.
    8. Any information in this system may be disclosed to the 
Department of Justice (DOJ), including U.S. Attorneys, in order for VA 
to respond to pleadings, interrogatories, orders or inquiries from DOJ, 
and to supply DOJ with information in any phase of litigation or in any 
case or controversy involving VA.
    9. Any information in this system may be disclosed to educational 
institutions, previous employers or individuals providing references to 
verify the authenticity of the application.
    10. Records from this system of records may be disclosed to a 
Federal Agency or to a state or local government licensing board and to 
the Federation of State Medical Boards or a similar nongovernment 
entity which maintains records concerning individuals' employment 
histories or concerning the issuance, retention or revocation of 
licenses, certifications, or registration necessary to practice an 
occupation, profession or specialty, in order for the Agency to obtain 
information relevant to an Agency decision concerning the hiring, 
retention or termination of an employee or to inform a Federal Agency 
or licensing boards or the appropriate nongovernment entities about the 
health care practices of a terminated, resigned or retired health care 
employee whose professional health care activity so significantly 
failed to conform to generally accepted standards of professional 
medical practice as to raise reasonable concern for the health and 
safety of patients in the private sector or from another Federal 
agency. These records may also be disclosed as part of an ongoing 
computer matching program to accomplish these purposes.
    11. Identifying information in this system, including name, 
address, social security number and other information as is reasonably 
necessary to identify such individual, may be disclosed to the National 
Practitioner Data Bank at the time of hiring or clinical privileging/
reprivileging of health care practitioners, and other times as deemed

[[Page 62392]]

necessary by VA, in order for VA to obtain information relevant to a 
Department decision concerning the hiring, privileging/reprivileging, 
retention or termination of the applicant or employee.
    12. Relevant information from this system of records may be 
disclosed to the National Practitioner Data Bank or State Licensing 
Board in the state(s) in which a practitioner is licensed, in which the 
VA facility is located, or in which an act or omission occurred upon 
which a medical malpractice claim was based when VA reports information 
concerning: (1) Any payment for the benefit of a physician, dentist, or 
other licensed health care practitioner which was made as the result of 
a settlement or judgment of a claim of medical malpractice if an 
appropriate determination is made in accordance with agency policy that 
payment was related to substandard care, professional incompetence or 
professional misconduct on the part of the individual; (2) a final 
decision which relates to possible incompetence or improper 
professional conduct that adversely affects the clinical privileges of 
a physician or dentist for a period longer than 30 days; or, (3) the 
acceptance of the surrender of clinical privileges or any restriction 
of such privileges by a physician or dentist either while under 
investigation by the health care entity relating to possible 
incompetence or improper professional conduct, or in return for not 
conducting such an investigation or proceeding. These records may also 
be disclosed as part of a computer matching program to accomplish these 
purposes.
    13. Disclosure may be made to the National Archives and Records 
Administration (NARA) and the General Services Administration (GSA) in 
records management inspections conducted under authority of Title 44 
U.S.C.
    14. Disclosure of relevant information may be made to individuals, 
organizations, private or public agencies, or other entities with whom 
VA has a contract or agreement or where there is a subcontract to 
perform such services as VA may deem practicable for the purposes of 
laws administered by VA, in order for the contractor or subcontractor 
to perform the services of the contract or agreement.
    15. VA may disclose on its own initiative any information in the 
system, except the names and home addresses of Veterans and their 
dependents, that is relevant to a suspected or reasonably imminent 
violation of the law whether civil, criminal, or regulatory in nature 
and whether arising by general or program statute or by regulation, 
rule, or order issued pursuant thereto, to a Federal, state, local, 
tribal, or foreign agency charged with the responsibility of 
investigating or prosecuting such violation, or charged with enforcing 
or implementing the statute, regulation, rule, or order. VA may also 
disclose on its own initiative the names and addresses of Veterans and 
their dependents to a Federal agency charged with the responsibility of 
investigating or prosecuting civil, criminal, or regulatory violations 
of law, or charged with enforcing or implementing the statute, 
regulation, or order issued pursuant thereto.
    16. Disclosure to other Federal agencies may be made to assist such 
agencies in preventing and detecting possible fraud or abuse by 
individuals in their operations and programs.
    17. VA may, on its own initiative, disclose any information or 
records to appropriate agencies, entities, and persons when (1) VA 
suspects or has confirmed that the integrity or confidentiality of 
information in the system of records has been compromised; (2) the 
Department has determined that as a result of the suspected or 
confirmed compromise, there is a risk of embarrassment or harm to the 
reputations of the record subjects, harm to economic or property 
interests, identity theft or fraud, or harm to the security, 
confidentiality, or integrity of this system or other systems or 
programs (whether maintained by the Department or another agency or 
entity) that rely upon the potentially compromised information; and (3) 
the disclosure is to agencies, entities, or persons whom VA determines 
are reasonably necessary to assist or carry out the Department's 
efforts to respond to the suspected or confirmed compromise and 
prevent, minimize, or remedy such harm. This routine use permits 
disclosures by the Department to respond to a suspected or confirmed 
data breach, including the conduct of any risk analysis or provision of 
credit protection services as provided in 38 U.S.C. 5724, as the terms 
are defined in 38 U.S.C. 5727.

POLICIES AND PRACTICES FOR STORING, RETRIEVING, ACCESSING, RETAINING, 
AND DISPOSING OF RECORDS IN THE SYSTEM:
Storage
    Records are maintained on magnetic tape and computer printouts at 
the VA Data Processing Center (DPC), and in file folders, computer 
printouts and electronic files at VACO.

Retrievability
    Records are retrievable by use of the award number, social security 
number and the name of the individual.

Safeguards
    Access to the basic file in the Austin DPC is restricted to 
authorized VA employees and vendors. Access to the computer room where 
the magnetic tape is located within the DPC is further restricted to 
specifically authorized employees and is protected by an alarm system, 
the Federal Protective Service and other VA security personnel. Records 
at VA Central Office will be kept in locked files and made available 
only to authorized personnel on a need-to-know basis. During non-
working hours the file is locked and the building is protected by the 
Federal Protective Service.

Retention and Disposal
    Records will be maintained and disposed of in accordance with 
records disposition authority approved by the Archivist of the United 
States.

System Manager(s) and Address:
    Chief Academic Affiliations Officer, Office of Academic 
Affiliations (14), Department of Veterans Health Administration, VA 
Central Office, 810 Vermont Avenue, NW., Washington, DC 20420.

Notification Procedure
    Any individual who wishes to determine whether a record is being 
maintained in this system under his or her name or other personal 
identifier, or wants to determine the contents of such records, should 
submit a written request or apply in person to the Chief Academic 
Affiliations Officer, Office of Academic Affiliations (14), Veterans 
Health Administration, VA Central Office, 810 Vermont Avenue, NW., 
Washington, DC 20420.

Record Access Procedure
    Individuals seeking information regarding access to and contesting 
of VA records in this system may write, call or visit the Chief 
Academic Affiliations Officer, Office of Academic Affiliations (14), 
Veterans Health Administration, VA Central Office, 810 Vermont Avenue, 
NW., Washington, DC 20420.

Contesting Record Procedures
    (See Record Access Procedures above.)

Record Source Categories
    Information contained in the records is obtained from the 
individual, references given in application material, educational 
institutions, VA medical

[[Page 62393]]

facilities, the VA DPC, other Federal agencies, state agencies and 
consumer reporting agencies.

[FR Doc. E9-28387 Filed 11-25-09; 8:45 am]
BILLING CODE 8320-01-P