Privacy Act of 1974; System of Records, 3972-3975 [2010-1294]

Agencies

• DEPARTMENT OF VETERANS AFFAIRS

[Federal Register Volume 75, Number 15 (Monday, January 25, 2010)]
[Notices]
[Pages 3972-3975]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2010-1294]


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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 ``Employee Incentive 
Scholarship Program--VA'' (110VA10) as set forth in the Federal 
Register 67 FR 66712. VA is amending the system records by revising the 
Routine Uses of Records Maintained in the System Including Categories 
of Users and the Purpose of Such Uses. 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 February 24, 2010. If no public comment is 
received, the amended system will become effective February 24, 2010.

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 
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: Routine Use 6 was amended to allow 
disclosure to the National Archives and Records Administration (NARA) 
and the General Services Administration (GSA) in records management 
inspections conducted under authority of Title 44, Chapter 29, of the 
United States Code (U.S.C.). NARA and GSA are responsible for 
management of old records no longer actively used, but which may be 
appropriate for preservation, and for the physical maintenance of the 
Federal government's records. VA must be able to provide the records to 
NARA and GSA in order to determine the proper disposition of such 
records.
    Routine Use 11 was added to allow VA to disclose information from 
this system of records to the Department of Justice (DoJ), either on 
VA's initiative or in response to DoJ's request for the information, 
after either VA or DoJ determines that such information is relevant to 
DoJ's representation of the United States or any of its components in 
legal proceedings before a court or adjudicative body, provided that, 
in each case, the agency also determines prior to disclosure that 
release of the records to the DoJ is a use of the information contained 
in the records that is compatible with the purpose for which VA 
collected the records. VA, on its own initiative, may disclose records 
in this system of records in legal proceedings before a court or 
administrative body after determining that the disclosure of the 
records to the court or administrative body is a use of the information 
contained in the records

[[Page 3973]]

that is compatible with the purpose for which VA collected the records.
    Routine Use 12 was added to allow for disclosure of relevant 
information to 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 13 was added to allow VA to 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 14 was added for disclosure to other Federal agencies 
to be made to assist such agencies in preventing and detecting possible 
fraud or abuse by individuals in their operations and programs.
    Routine Use 15 was added so that 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.

    Dated: December 23, 2009.
John R. Gingrich,
Chief of Staff, Department of Veterans Affairs.
110VA10

SYSTEM NAME:
    Employee Incentive Scholarship Program--VA.

SYSTEM LOCATION:
    Active records will be maintained at the Health Care Staff 
Development and Retention Office (HCSDRO/10A2D), Veterans Health 
Administration (VHA), Department of Veterans Affairs (VA), 1555 Poydras 
Street, Suite 1971, New Orleans, Louisiana 70112; the Austin Automation 
Center (AAC), Department of Veterans Affairs, 1615 East Woodward 
Street, Austin, Texas 78772; and the VA health care facilities and VISN 
offices where scholarship recipients are employed. Address locations 
for VA health care facilities are listed in Appendix 1 of the Biennial 
Publication of Privacy Act Issuances. Complete records will be 
maintained only at the HCSDRO address.

CATEGORIES OF INDIVIDUALS COVERED BY THE SYSTEM:
    VA employees who apply for and are denied or granted educational 
assistance awards under the provisions of VA. Employee Incentive 
Scholarship Program (EISP) in a field leading to appointment or 
retention in a position listed in 38 U.S.C., section 7401.

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, to obligated service, and 
to requests for waivers or suspensions of obligated service or 
financial indebtedness to VA such as (1) name, (2) employing facility 
number, (3) telephone number(s), (4) Social Security number, (5) award 
amount, (6) obligated service incurred, and (7) name and address of the 
educational institution; or any amount if indebtedness (accounts 
receivable) arising from the scholarship and owed to VA. The 
application for an EISP award includes the applicant's full name, 
employing facility number, home and work telephone numbers, Social 
Security number, job title, current education level, degree sought, 
description of the academic program covered by the scholarship, the 
starting and completion dates of the employee's academic program, the 
name and address of the academic institution, the number of credits in 
the student's academic program plan and the cost of the education 
covered by the academic program plan. Records may include memoranda 
submitted by the employees, calculations for the service obligations, 
copies of letters and memoranda from employees making the requests and 
in correspondence to employees and appropriate local program officials 
delineating the decisions on such requests.

AUTHORITY FOR MAINTENANCE OF THE SYSTEM:
    Title 38, U.S.C. Sections 501, 503, 7451, 7452, and 7431-7440.

PURPOSE(S):
    The records and information may be used for determining and 
documenting individual applicant eligibility for scholarship awards, 
calculating the service commitments for scholarship recipients, 
ensuring program financial accountability, monitoring individual 
applicant educational progress, monitoring the employment status of 
scholarship recipients during their periods of obligated service, 
terminating the employee from the program, and evaluating and reporting 
program results and effectiveness. The information would be used to 
determine the financial liability of individuals who breach their EISP 
contracts.

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

[[Page 3974]]

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. Disclosure of any information in this system that is necessary 
to verify authenticity and completeness of the application may be made 
to educational institutions and other relevant organizations or 
individuals.
    2. Disclosure of any information in this system may be made 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 Employee Incentive Scholarship Program Award.
    3. Disclosure of an information in this system may be made to the 
local supervisory officials and program coordinators to ensure that 
individual data in the system of records is up to date and that award 
recipients are in compliance with the terms of the scholarship program 
contract.
    4. Any information in this system may be used to evaluate and 
report program results and effectiveness to appropriate officials 
including members of Congress on a routine and ad hoc basis.
    5. Disclosure of information in this system may be made to a member 
of Congress or staff person acting for the member when the member or 
staff person requests the records on behalf of and at the request of 
that individual.
    6. Disclosure of information 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, United States Code.
    7. Disclosure of information to the FLRA (including its General 
Counsel) when requested in connection with the investigation and 
resolution of allegations of unfair labor practices, in connection with 
matters before the Federal Service Impasses Panel, and to investigate 
representation petitions and conduct or supervise representation 
elections.
    8. Disclosure may be made to officials of labor organizations 
recognized under 5 U.S.C. chapter 71 when relevant and necessary to 
their duties of exclusive representation concerning personnel policies, 
practices, and matters affecting working conditions.
    9. Disclosure may be made to officials of the Merit Systems 
Protection Board, including the Office of the Special Counsel, when 
requested 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 
may be authorized by law.
    10. Disclosure may be made to the Equal Employment Opportunity 
Commission when requested in connection with investigations of alleged 
or possible discrimination practices, examination of Federal 
affirmative employment programs, compliance with the Uniform Guidelines 
of Employee Selection Procedures, or other functions vested in the 
Commission by the President's Reorganization Plan No. 1 of 1978.
    11. VA may disclose information from this system of records to the 
Department of Justice (DoJ), either on VA's initiative or in response 
to DoJ's request for the information, after either VA or DoJ determines 
that such information is relevant to DoJ's representation of the United 
States or any of its components in legal proceedings before a court or 
adjudicative body provided that, in each case, the agency also 
determines prior to disclosure that release of the records to DoJ is a 
use of the information contained in the records that is compatible with 
the purpose for which VA collected the records. VA, on its own 
initiative, may disclose records in this system of records in legal 
proceedings before a court or administrative body after determining 
that the disclosure of the records to the court or administrative body 
is a use of the information contained in the records that is compatible 
with the purpose for which VA collected the records.
    12. 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.
    13. 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.
    14. 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.
    15. 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.

Disclosure to consumer reporting agencies:
    Pursuant to 5 U.S.C. 552a(b)(2), VA may disclose records from this 
system to consumer reporting agencies as defined in the Fair Credit 
Reporting Act (15 U.S.C. 1681a(f) or the Federal Claims Collection Act 
of 1966 (31 U.S.C. 3701(a)(3)).

POLICIES AND PRACTICES FOR STORING, RETRIEVING, ACCESSING, RETAINING, 
AND DISPOSING OF RECORDS IN THE SYSTEM:
STORAGE:
    Records are maintained on paper, electronic media and computer 
printouts.

RETRIEVABILITY:
    Records are retrieved by use of the award number or an equivalent 
participant account number assigned by

[[Page 3975]]

HCSDRO, social security number and the name of the individual.

SAFEGUARDS:
    Access to the basic file in HCSDRO is restricted to authorized VA 
employees and vendors. Access to the office spaces where electronic 
media is maintained within HCSDRO is further restricted to specifically 
authorized employees and is protected by contracted building security 
services. Records (typically computer printouts) at HCSDRO 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 contracted building security services. Records 
stored on electronic media are maintained on a VA-approved and managed, 
password-protected, secure local area network (LAN) located within 
HCSDRO office spaces and safeguarded as described above. Records stored 
on electronic media at Veterans Integrated Service Network (VISN) 
Offices, VA health care facilities, and the Austin Automated Center in 
Austin, Texas are provided equivalent safeguards subject to local 
policies mandating protection of information subject to Federal 
safeguards.

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:
    Director, Health Care Staff Development and Retention Office 
(10A2D), Veterans Health Administration, Department of Veterans 
Affairs, 1555 Poydras Street, Suite 1971, New Orleans, Louisiana 70112.

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 Director, Health 
Care Staff Development and Retention Office, Veterans Health 
Administration, Department of Veterans Affairs, 1555 Poydras Street, 
Suite 1971, New Orleans, Louisiana 70112.

RECORD ACCESS PROCEDURE:
    Individuals seeking information regarding access to and contesting 
of VA records in this system may write, call or visit the Director, 
Health Care Staff Development and Retention Office (10A2D), Veterans 
Health Administration, Department of Veterans Affairs, 1555 Poydras 
Street, Suite 1971, New Orleans, Louisiana 70112. The telephone number 
is (504) 589-5267.

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

[FR Doc. 2010-1294 Filed 1-22-10; 8:45 am]
BILLING CODE 8320-01-P