Privacy Act of 1974; System of Records, 27481-27484 [2013-11158]

Agencies

• DEPARTMENT OF VETERANS AFFAIRS

[Federal Register Volume 78, Number 91 (Friday, May 10, 2013)]
[Notices]
[Pages 27481-27484]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2013-11158]


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DEPARTMENT OF VETERANS AFFAIRS


Privacy Act of 1974; System of Records

AGENCY: Department of Veterans Affairs.

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 Veteran Affairs (VA) is 
amending the system of records currently entitled ``Health Professional 
Scholarship Program--VA'' (73VA14) as set forth in the Federal Register 
74 FR 62390. VA is amending the system of records by revising the 
System Name, System Location, Categories of Individuals Covered by the 
System, Categories of Records in the System, Authority for Maintenance, 
Purpose, Storage, Retrievability, Safeguards, System Manager(s) and 
Address, Notification Procedure, Record Access Procedure, and Records 
Source Category. VA is republishing the system notice in its entirety.

ADDRESSES: Written comments concerning the proposed new system of 
records 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. All 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 for 
an appointment. In addition, during the comment period, comments may be 
viewed online

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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 renaming the system of records from 
Health Professional Scholarship Program--VA to Health Professional 
Scholarship Program, and Visual Impairment and Orientation and Mobility 
Professional Scholarship Program--VA. The system number is changed from 
73VA14 to 73VA10A2A to reflect the current organizational alignment.
    The section titled ``The Location'' has been amended to remove that 
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 to include that records will be 
maintained at the Healthcare Talent Management (HTM), Scholarships and 
Nursing Education Office, Veterans Health Administration, Department of 
Veterans Affairs, 1250 Poydras Street, Suite 1000, New 
Orleans, LA, 70113.
    The section titled ``The Category of Individuals Covered by the 
System'' has been amended to include individuals who apply for and are 
awarded scholarships under the provisions of VA's Visual Impairment and 
Orientation and Mobility Professional Scholarship Program (VIOMPSP).
    The section titled ``The Category of Records in the System'' is 
amended to reflect mailing and email addresses, employing facility 
number (if applicable), home and work telephone numbers, Social 
Security number, an alternative person of contact, job title, current 
education level, degree sought, description of the academic program 
covered by the scholarship, name and address of the academic 
institution, the starting and completion dates of the employee's 
academic program, and awards and activities. Records may include 
memoranda submitted by the employees, calculations for 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. Account 
number and routing number, the obligated service incurred, and the 
location, start, and end dates of the service obligation period are 
also included.
    The Authority for Maintenance is being changed from Title 38, 
U.S.C. 210(c), 4141-4146 and 4118 to Title 38, U.S.C. 7611-7619, 7635-
7636.
    The section titled ``The Purpose'' in this system of records is 
being amended to reflect Public Law 111-163, signed on May 5, 2010, 
which was reauthorized by the Health Professional Scholarship Program 
(HPSP) through December 31, 2014, and established the VIOMPSP. The 
records and information may be used for determining and documenting 
individual applicant eligibility for scholarship awards, selecting 
applicants to receive awards, calculating the service commitments for 
program participants, ensuring program financial accountability, 
monitoring educational progress of participants, monitoring the 
employment status of scholarship participants during their periods of 
obligated service, terminating the employee from the program (upon 
completion or breach), and evaluating and reporting program results and 
effectiveness. The information would also be used to determine the 
financial liability of participants who breach their HPSP or VIOMPSP 
agreement.
    The section titled ``Storage'' is being amended to state that 
records are maintained on paper, electronic media, and computer 
printouts by HTM. Records stored on electronic media are maintained on 
a VA-approved and managed, password protected, secure local area 
network (LAN) located within HTM office spaces.
    The section titled ``Retrievability'' is being amended to include 
an equivalent participant account number assigned by HTM. Safeguards is 
being amended to include records stored on electronic media and 
maintained on a VA-approved and managed, password protected, secure LAN 
located within HTM office spaces.
    The sections titled ``System Manager(s) and Address'', 
``Notification Procedure'', and ``Record Access Procedure'' have been 
amended to state: Director, HTM (10A2A8), Veterans Health 
Administration, Department of Veterans Affairs, 1250 Poydras Street, 
Suite 1000, New Orleans, Louisiana 70113.
    The section titled ``Records Source Category'' has been amended to 
remove the VA Data Processing Center (DPC).

    Approved: April 22, 2013.
Jose D. Riojas,
Interim Chief of Staff, Department of Veterans Affairs.
73VA10A2A

SYSTEM NAME:
    Health Professional Scholarship Program, and Visual Impairment and 
Orientation and Mobility Professional Scholarship Program--VA.

SYSTEM LOCATION:
    Active records will be maintained at HTM, Scholarships and Nursing 
Education Office, Veterans Health Administration, Department of 
Veterans Affairs, 1250 Poydras Street, Suite 1000, New 
Orleans, LA, 70113. Complete records will be maintained only at this 
address.

CATEGORIES OF INDIVIDUALS COVERED BY THE SYSTEM:
    Individuals who apply for and are awarded scholarships under the 
provisions of the Veterans Health Administration Health Professional 
Scholarship Program (HPSP) in a field leading to an appointment under 
paragraph (1) or (3) of section 7401 of Title 38, and individuals who 
apply for and are awarded scholarships under the provisions of the 
Veterans Health Administration Visual Impairment and Orientation and 
Mobility Professional Scholarship Program (VIOMPSP) in a program of 
study leading to an appointment as a qualified blind rehabilitation 
specialist.

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. The application for an HPSP or VIOMPSP 
award includes the applicant's full name, mailing and email addresses, 
employing facility number (if applicable), home and work telephone 
numbers, Social Security number, an alternative person of contact, job 
title, current education level, degree sought, description of the 
academic program covered by the scholarship, name and address of the 
academic institution, the starting and completion dates of the 
employee's academic program, awards and activities. 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

[[Page 27483]]

employees and appropriate local program officials delineating the 
decisions on such requests. Records for applicants selected will also 
include the award amount, the name of the participant's financial 
institution, account number and routing number, the obligated service 
incurred, and the location, start, and end dates of the service 
obligation period.

AUTHORITY FOR MAINTENANCE OF THE SYSTEM:
    38 U.S.C. Sec. Sec.  7611-7619, 7635-7636.

PURPOSE(S):
    These records support the HPSP and VIOMPSP. The HPSP was 
established by Public Law 96-330, and awarded scholarships to 3,330 
students between 1982 through 1995 earning baccalaureate and master's 
degrees in nursing and other health professions. Public Law 111-163, 
signed on May 5, 2010, reauthorized the HPSP through December 31, 2014, 
and established the VIOMPSP. The records and information may be used 
for determining and documenting individual applicant eligibility for 
scholarship awards, selecting applicants to receive awards, calculating 
the service commitments for program participants, ensuring program 
financial accountability, monitoring educational progress of 
participants, monitoring the employment status of scholarship 
participants during their periods of obligated service, terminating the 
employee from the program (upon completion or breach), and evaluating 
and reporting program results and effectiveness. The information would 
also be used to determine the financial liability of participants who 
breach their HPSP or VIOMPSP agreement.

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 Department of 
Treasury 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 and Visual Impairment and Orientation 
and Mobility 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 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 to inform a Federal Agency, 
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 
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

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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 paper, electronic media, and computer 
printouts by HTM. Records stored on electronic media are maintained on 
a VA-approved and managed, password protected, secure local area 
network (LAN) located within HTM office spaces and safeguarded as 
described above.

RETRIEVABILITY:
    Records are retrievable by use of the award number, or an 
equivalent participant account number assigned by HTM, Social Security 
number, and the name of the individual.

SAFEGUARDS:
    Access to the basic file in HTM is restricted to authorized VA 
employees and vendors. Access to the office spaces where electronic 
media is maintained within HTM is further restricted to specifically 
authorized employees and is protected by contracted building security 
services. Records (typically computer printouts) at HTM 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 LAN located within HTM office spaces and 
safeguarded as described above.

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, Healthcare Talent Management (10A2A8), Veterans Health 
Administration, Department of Veterans Affairs, 1250 Poydras Street, 
Suite 1000, New Orleans, Louisiana 70113.

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, Healthcare 
Talent Management (10A2A8), Veterans Health Administration, Department 
of Veterans Affairs, 1250 Poydras Street, Suite 1000, New 
Orleans, Louisiana 70113.

RECORD ACCESS PROCEDURE:
    Individuals seeking information regarding access to and contesting 
of VA records in this system may write, call, or visit the Director, 
Healthcare Talent Management (10A2A8), Veterans Health Administration, 
Department of Veterans Affairs, 1250 Poydras Street, Suite 
1000, New Orleans, Louisiana 70113. The telephone number is 
(504) 565-4900.

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, other Federal agencies, state 
agencies, and consumer reporting agencies.

[FR Doc. 2013-11158 Filed 5-9-13; 8:45 am]
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