Privacy Act of 1974, 70778-70781 [2010-29088]

Agencies

• DEPARTMENT OF VETERANS AFFAIRS

[Federal Register Volume 75, Number 222 (Thursday, November 18, 2010)]
[Notices]
[Pages 70778-70781]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2010-29088]


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DEPARTMENT OF VETERANS AFFAIRS


Privacy Act of 1974

AGENCY: Department of Veterans Affairs (VA).

ACTION: Notice of amendment to a system of records.

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SUMMARY: The Privacy Act of 1974, 5 U.S.C. 552(a)(e) requires that all 
agencies publish in the Federal Register a notice of the existence and 
character of their systems of records. Notice is hereby given that the 
Department of Veterans Affairs (VA), Office of Human Resources 
Management, is amending a current system of records entitled 
``Individuals Serving on a Fee Basis or Without Compensation 
(Consultants, Attendings, and Others) Personnel Records-VA'' (14VA135).
    The information in this system will be used to evaluate the 
qualifications of physicians, dentists, nurses, and approximately 
30,000 health occupation trainees, research personnel and other 
scientific and technical personnel appointed under 38 U.S.C. 7406, 
whose stipends and fringe benefits are not centrally administered under 
the provisions of 38 U.S.C. 7406(c).
    The documents maintained in this system include copies of 
applications, appointment letters, and other documents and papers kept 
in connection with these appointments. These records are maintained for 
a period of one year from the expiration of appointment and then 
destroyed.

DATES: Comments on the amendment of this system of records must be 
received no later than December 20, 2010. If no public comment is 
received, the amended system will become effective December 20, 2010.

ADDRESSES: Written comments concerning the proposed amended system of 
records may be submitted to the Office of Regulations Management 
(02REG), Department of Veterans Affairs, 810 Vermont Avenue, NW., 
Washington, DC 20420; or fax comments to (202) 273-9026; or e-mail 
comments to https://www.Regulations.gov. All relevant material received 
before December 20, 2010 will be considered. Comments will be available 
for public inspection at the above address in the

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Office of Regulations Management, Room 1068, between the hours of 8 
a.m. and 4:30 pm, 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 on-line 
through the Federal Docket Management System (FDMS) at https://www.Regulations.gov .

FOR FURTHER INFORMATION CONTACT: Department of Veterans Affairs, Office 
of Human Resources Management (05), Privacy Officer, 810 Vermont 
Avenue, NW., Washington, DC 20420, telephone (202) 461-7863.

SUPPLEMENTARY INFORMATION: ``Individuals Serving on a Fee Basis or 
Without Compensation (Consultants, Attendings, and Others) Personnel 
Records-VA'' (14VA135) has been amended to ``Individuals Serving on a 
Fee Basis or Without Compensation (Consultants, Attendings, and Others 
or Paid Indirectly through a Disbursement Agreement) Personnel Records-
VA (14VA05). The change in system name and number is to reflect the 
ownership and to incorporate records of health occupations trainees 
paid indirectly through disbursement agreements by the Department. The 
routine uses for this system of records has been updated and revised to 
include ``health occupations trainees.'' VA is republishing the system 
notice in its entirety.
    The notice of intent to publish 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.

    Approved: October 21, 2010.
John R. Gingrich,
Chief of Staff, Department of Veteran Affairs.
14VA05

SYSTEM NAME:
    ``Individuals Serving on a Fee Basis or Without Compensation 
(Consultants, Attendings, and Others or Paid Indirectly Through a 
Disbursement Agreement) Personnel Records-VA''

SYSTEM LOCATION:
    Department of Veterans Affairs, Human Resources Management Offices.

CATEGORIES OF INDIVIDUALS COVERED BY THE SYSTEM:
    Physicians, dentists and nurses; health occupations trainees 
including residents appointed under 38 U.S.C. 7406 whose stipends and 
fringe benefits are centrally administered under the provisions of 38 
U.S.C. 7406(c); research personnel; other scientific and technical 
personnel.

CATEGORIES OF RECORDS IN THE SYSTEM:
    Copies of applications, appointment letters, other documents and 
papers maintained in connection with these appointments.
    All categories of records may include identifying information, such 
as names(s), date of birth, home address, mailing address, Social 
Security Number(s), and telephone number(s). Records in this system 
are:
    Reflecting work experience, licensure, credentials, educational-
level achieved, and specialized education or training occurring outside 
of Federal service.
    Government-sponsored training or participation in employee 
development programs designed to broaden an employee's work experiences 
or for the purposes of advancement.

AUTHORITY FOR MAINTENANCE OF THE SYSTEM:
    Title 38, United States Code, Chapter 73.

PURPOSE(S):
    The information in this system is used to evaluate the 
qualifications of approximately 30,000 medical residents appointed 
under 38 U.S.C. 7406whose stipends and fringe benefits are not 
centrally administered under the provisions of 38 U.S.C. 7406(c).

ROUTINE USES OF RECORDS MAINTAINED IN THE SYSTEM, INCLUDING CATEGORIES 
OF USERS AND THE PURPOSES OF SUCH USES:
    1. To disclose the information listed in 5 U.S.C. 7114(b)(4) 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.
    2. To disclose to the Federal Labor Relations Authority (including 
its General Counsel) information related to the establishment of 
jurisdiction, the investigation and resolution of allegations of unfair 
labor practices, or information in connection with the resolution of 
exceptions to arbitration awards when a question of material fact is 
raised; to disclose information in matters properly before the Federal 
Services Impasses Panel, and to investigate representation petitions 
and conduct or supervise representation elections.
    3. Disclosure may be made to individuals, organizations, private or 
public agencies, or other entities or individuals with whom VA has a 
contract or agreement to perform such services as VA may deem 
practicable for the purposes of laws administered by VA, in order for 
the contractor, subcontractor, public or private agency, or other 
entity or individual with whom VA has an agreement or contract to 
perform the services of the contract or agreement. This routine use 
includes disclosures by the individual or entity performing the service 
for VA to any secondary entity or individual to perform an activity 
that is necessary for individuals, organizations, private or public 
agencies, or other entities or individuals with whom VA has a contract 
or agreement to provide the service to VA.
    4. To disclose information to officials of the Merit Systems 
Protection Board, or 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.
    5. VA may, on its own initiative, disclose any information or 
records to appropriate agencies, entities, and persons under the 
following circumstances: 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 program (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.
    6. To disclose information to the Equal Employment Opportunity 
Commission when requested in connection with investigations of alleged 
or possible discriminatory practices, examination of Federal 
affirmative employment programs, or for

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other functions of the Commission as authorized by law or regulation.
    7. VA may disclose on its own initiative any information in this 
system, except the names and home addresses of veterans and their 
dependents, which is relevant to a suspected or reasonably imminent 
violation of 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. On its own initiative, VA may 
also disclose 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, rule or order 
issued pursuant thereto.
    8. VA may disclose information from this system to the National 
Archives and Records Administration (NARA) and General Services 
Administration (GSA) in records management inspections conducted under 
Title 44, Chapter 29, of the U.S. Code.
    9. A record from this system of records may be disclosed as a 
`routine use' to a Federal, State or local agency maintaining civil, 
criminal or other relevant information, such as current licenses, if 
necessary to obtain information relevant to an agency decision 
concerning the hiring or retention of an employee or health professions 
trainee, the issuance of a security clearance, the letting of a 
contract, or the issuance of a license, grant or other benefits.
    10. A record from this system of records may be disclosed to a 
Federal agency, in response to its request, in connection with the 
hiring or retention of an employee or health professions trainee, the 
issuance of a security clearance, the reporting of an investigation of 
an employee or health professions trainee, the letting of a contract, 
or the issuance of a license, grant, or other benefit by the requesting 
agency, to the extent that the information is relevant and necessary to 
the requesting agency's decision on the matter.
    11. Disclosure may be made to a congressional office from the 
record of an individual in response to an inquiry from the 
congressional office made at the request of that individual.
    12. Records from this system of records may be disclosed to a 
Federal agency or to a State or local government licensing board and/or 
to the Federation of State Medical Boards or a similar non-government 
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 health professions trainee 
or to inform a Federal agency or licensing boards or the appropriate 
non-government entities about the health care practices of a 
terminated, resigned or retired health care employee or health 
professions trainee 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.
    13. 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 and/or clinical 
privileging/reprivileging of health care practitioners, and other times 
as deemed 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, 
or health professions trainees.
    14. 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 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 that is compatible 
with the purpose for which VA collected the records.
    15. Allows disclosure of relevant health care information to 
individuals or organizations (private or public) with whom VA has a 
contract or sharing agreement for the provision of health care, 
administrative or financial services. VA must be able to share 
information with other organizations participating in the care of 
veterans.
    16. Relevant information from this system of records may be 
disclosed to the National Practitioner Data Bank and/or State Licensing 
Board in State(s) in which a practitioner is licensed, in which the VA 
facility is located, and/or in which an act or omission occurred 
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 a healthcare 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.
    17. Allows disclosure of information from this system of records to 
the following:
    a. Government training facilities (Federal, State, and local) and 
to non-government training facilities (private vendors of training 
courses or programs, private schools, etc.) for training purposes.
    b. Educational institutions about the appointment of their recent 
graduates to VA positions. These disclosures are made to enhance 
recruiting relationships between VA and these institutions.
    c. College and university officials with information about students 
who are working at VA to receive academic credit for the experience.

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POLICIES AND PRACTICES FOR STORING, RETRIEVING, ACCESSING, RETAINING, 
AND DISPOSING OF RECORDS IN THE SYSTEM:
STORAGE:
    Records are maintained on paper documents, magnetic tape and 
computer printouts at VA facilities and VA Office of Academic 
Affiliation Data Management Center.

RETRIEVABILITY:
    Records are retrieved by the names and personal identifiers 
assigned to the individuals on whom they are maintained.

SAFEGUARDS:
    Electronic files are password protected and accessible only by 
authorized persons. Access to VA working and storage areas is 
restricted on a ``need-to-know'' basis; strict control measures are 
enforced to ensure that disclosure to these individuals is also based 
on this same principle. Generally, VA file areas are locked after 
normal duty hours and the facilities are protected from outside access 
by the Federal Protective Service or other security personnel.

RETENTION AND DISPOSAL:
    Paper records and information stored on electronic storage media 
are maintained and disposed of in accordance with records disposition 
authority approved by the National Archives and Records Administration.

SYSTEMS MANAGER(S) AND ADDRESS:
    Officials maintaining the policy and procedures: Human Resources 
Management Offices (135) where this system is utilized. (See VA 
Appendix 1 for local addresses.) Officials responsible for policies and 
procedures: Deputy Assistant Secretary for Human Resources Management 
(05), VA Central Office, Washington, DC 20420. Officials maintaining 
the system: Directors at the facility where the individual(s) were 
associated and the Chief Academic Affiliations Officer (14), Department 
of Veterans Affairs, Veterans Health Administration, 810 Vermont 
Avenue, NW., Washington, DC 20420.

NOTIFICATION PROCEDURE:
    Individuals who wish to determine whether this system of records 
contains information about them should contact the VA facility at the 
location where they made application. For a record pertaining to the 
individual, they must submit a written request to the Privacy Officer 
or VA human resources office of the last place of employment.

RECORD ACCESS PROCEDURES:
    Individuals who wish to determine whether this system of records 
contains information about them should contact the Privacy Officer at 
the VA facility where they made application. Individuals must submit a 
written request to the Privacy Officer or to the VA Office of Human 
Resources Management or to the VA facility of the last place of 
employment for former employees.

CONTESTING RECORD PROCEDURES:
    See ``Notification procedure'' above.

RECORDS SOURCES CATEGORIES:
    Records in this system are obtained from: applicants, VA officials 
and from individuals and organizations regarding the individual's 
qualifications; credentials and suitability for employment, including 
prior employers, academic organizations, State licensing boards and/or 
national certifying bodies, law enforcement entities, and health care 
providers.

[FR Doc. 2010-29088 Filed 11-17-10; 8:45 am]
BILLING CODE 8320-01-P