Privacy Act of 1974; System of Records, 23139-23142 [2020-08616]

Agencies

• DEPARTMENT OF VETERANS AFFAIRS

[Federal Register Volume 85, Number 80 (Friday, April 24, 2020)]
[Notices]
[Pages 23139-23142]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-08616]


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DEPARTMENT OF VETERANS AFFAIRS


Privacy Act of 1974; System of Records

AGENCY: Department of Veterans Affairs (VA).

ACTION: Notice of a modified system of records.

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SUMMARY: As required by the Privacy Act of 1974, notice is hereby given 
that the Department of Veterans Affairs (VA) is amending the system of 
records currently entitled, ``Education Debt Reduction Program-VA'' 
(115VA10). VA is amending the system of records by revising the System 
Number; System Location; System Manager; Record Source Categories; 
Routine Uses of Records Maintained in the System, Including Categories 
of Users and the Purposes of Such Uses; Policies and Practices for 
Retention and Disposal of Records; Physical, Administrative and 
Procedural Safeguards; Record Access Procedure; and Notification 
Procedure.

[[Page 23140]]

VA is republishing the system notice in its entirety.

DATES: Comments on this amended system of records must be received no 
later than May 26, 2020. If no public comment is received during the 
period allowed for comment or unless otherwise published in the Federal 
Register by the VA, the new system will become effective May 26, 2020.

ADDRESSES: Written comments may be submitted through 
www.Regulations.gov; by mail or hand-delivery to Director, Regulation 
Policy and Management (00REG), Department of Veterans Affairs, 810 
Vermont Avenue NW, Room 1064, Washington, DC 20420; or by fax to (202) 
273-9026 (Note: Not a toll-free number). Comments should indicate they 
are submitted in response to ``Education Debt Reduction Program-VA'' 
(115VA102). Copies of 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 
(Note: not a toll-free number). In addition, comments may be viewed 
online at www.Regulations.gov.

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

SUPPLEMENTARY INFORMATION: The System Number will be changed from 
115VA10 to 115VA10A2 to reflect the current organizational alignment.
    The System Location is being amended to replace Austin Automation 
Center (AAC) with Austin Information Technology Center (AITC). Also 
being removed, ``Address locations for VA facilities are listed in VA 
Appendix 1 of the biennial publication of VA Privacy Act Issuances.'' 
which is replaced with ``Address locations for VA facilities may be 
found at https://www.va.gov/directory/guide/home.asp.''
    The System Manager, Record Source Categories, Record Access 
Procedure, and Notification Procedure has been amended to replace, 
``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.'' with ``Director, Human Capital Management 
(10A2A4) (HCM), Education Loan Repayment Services (ELRS), 55 N Robinson 
Avenue, Suite 1010, Oklahoma City, OK 73102. The telephone number is 
(405) 552-4346.''
    The Routine Uses of Records Maintained in the System has been 
amended by amending the language in Routine Use #11 which states that 
disclosure 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 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. This routine use will now state that release of the records to 
the DoJ is limited to circumstances where relevant and necessary to the 
litigation. VA may disclose records in this system of records in legal 
proceedings before a court or administrative body after determining 
that release of the records to the court or administrative body is 
limited to circumstances where relevant and necessary to the 
litigation.
    Routine Use #15 is clarifying the language to state, ``VA may 
disclose any information or records to appropriate agencies, entities, 
and persons when (1) VA suspects or has confirmed that there has been a 
breach of the system of records; (2) VA has determined that as a result 
of the suspected or confirmed breach there is a risk to individuals, VA 
(including its information systems, programs, and operations), the 
Federal Government, or national security; and (3) the disclosure made 
to such agencies, entities, or persons is reasonably necessary to 
assist in connection with VA efforts to respond to the suspected or 
confirmed breach or to prevent, minimize, or remedy such harm.''
    Routine use #16 is being added to state, ``VA may disclose 
information from this system to another Federal agency or Federal 
entity, when VA determines that information from this system of records 
is reasonably necessary to assist the recipient agency or entity in (1) 
responding to a suspected or confirmed breach or (2) preventing, 
minimizing, or remedying the risk of harm to individuals, the recipient 
agency or entity (including its information systems, programs, and 
operations), the Federal Government, or national security, resulting 
from a suspected or confirmed breach. VA needs this routine use for the 
data breach response and remedial efforts with another Federal 
agency.''
    The Policies and Practices for Retention and Disposal of Records is 
being amended to remove, ``Records will be maintained and disposed of 
in accordance with records disposition authority approved by the 
Archivist of the United States.'' This section will now state that 
these records are under the following records schedule; Record Control 
Schedule (RCS) 10-1 item 1000.40a, Educational Activity Records. 
Temporary; destroy 7 years after the education activity is closed. (N1-
015-11-4, Item 1) or 1140.1. Clinical Trainee Onboarding Case File 
(CTOCF). Temporary; cutoff, case files at the end of the calendar year 
in which the academic year is completed. Transfer to Federal Record 
Center (FRC) when 7 years old. Destroy 25 years after cutoff. (DAA-
0015-2016-0004, item 1).
    The Physical, Administrative and Procedural Safeguards is being 
amended to replace Austin Automation Center (AAC) with Austin 
Information Technology Center (AITC).
    The Report of Intent to Amend a System of 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 the Privacy Act and 
guidelines issued by OMB on December 12, 2000.
    Signing Authority: The Senior Agency Official for Privacy, or 
designee, approved this document and authorized the undersigned to sign 
and submit the document to the Office of the Federal Register for 
publication electronically as an official document of the Department of 
Veterans Affairs. James P. Gfrerer, Assistant Secretary for Information 
and Technology and Chief Information Officer, Department of Veterans 
Affairs, approved this document on March 6, 2020 for publication.

    Dated: April 20, 2020.
Amy L. Rose,
Program Analyst, VA Privacy Service, Department of Veterans Affairs.

SYSTEM NAME AND NUMBER:
    ``Education Debt Reduction Program-VA'' (115VA10).

SECURITY CLASSIFICATION:
    Unclassified.

SYSTEM LOCATION:
    Records will be maintained at the Health Care Staff Development and 
Retention Office (HCSDRO/10A2A7), Veterans Health Administration, 
Department of Veterans Affairs (VA), 1555 Poydras Street, Suite 1971, 
New Orleans, Louisiana 70112; the Austin Information Technology Center 
(AITC).

[[Page 23141]]

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 may be found at https://www.va.gov/directory/guide/home.asp. Complete records will be maintained only at the HCSDRO 
address.

SYSTEM MANAGER(S):
    Crystal Cruz, Deputy Director, Human Capital Management (10A2A4) 
(HCM), Education Loan Repayment Services (ELRS), [email protected], 
(405) 552-4339, 55 N Robinson Avenue, Suite 1010, Oklahoma City, OK 
73102.

AUTHORITY FOR MAINTENANCE OF THE SYSTEM:
    Title 38, United States Code, sections 501, 503, 7451, 7452, and 
7431-7440.

PURPOSE(S) OF THE SYSTEM:
    The records and information may be used for determining and 
documenting individual applicant eligibility for debt reduction awards; 
determining the debt reduction payment amounts and the related service 
periods for award recipients; ensuring that award amounts are 
consistent with applicable law, regulations and policy; monitoring the 
employment status of scholarship recipients during their service 
periods; terminating an employee's participation in the program; and 
evaluating and reporting program results and effectiveness.

CATEGORIES OF INDIVIDUALS COVERED BY THE SYSTEM:
    VA employees who apply for and are granted or denied educational 
assistance awards under the provisions of the VA Education Debt 
Reduction Program (EDRP) serving under an appointment under Title 38 
U.S.C., Section 7402(b) in a position for which retention of qualified 
healthcare personnel is difficult.

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, award processes, employment, and EDRP service periods such as 
(1) name, (2) employing facility number, (3) telephone number(s), (4) 
social security number, (5) debt reduction payment amounts, (6) dates 
of service periods, (7) name and address of the lending institution, 
(8) academic degree obtained for which EDRP funding is requested, (9) 
name and address of academic institution, (10) original amount of loan, 
and (11) current loan balance. Most of this information is contained on 
the application for an EDRP award including the applicant's full name, 
employing facility number, home and work telephone numbers, social 
security number, job title, degree obtained for which funding is 
requested, name and address of the academic institution, and the amount 
and number of debt reduction payments requested. The EDRP Loan 
Verification Form contains the candidate's name and social security 
number, name and address of the lending institution, original loan 
amount, current loan amount, and the purpose of the loan as stated on 
the loan application. The EDRP Acceptance of Conditions contains the 
name of a candidate approved for an award and the authorized number of 
debt reduction payments and their related amounts.

RECORD SOURCE CATEGORIES:
    Individuals seeking information regarding access to and contesting 
of VA records in this system may write, call or visit the Director, 
Human Capital Management (10A2A4) (HCM), Education Loan Repayment 
Services (ELRS), 55 N Robinson Avenue, Suite 1010, Oklahoma City, OK 
73102. The telephone number is (405) 552-4346.

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. Disclosure of any information in this system that is necessary 
to verify authenticity of the application may be made to lending 
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 any obligation 
under another Federal program that would render the applicant 
ineligible to participate in the Education Debt Reduction Program.
    3. Any information in the 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.
    4. VA may disclose information from the record of an individual in 
response to an inquiry from the congressional office made at the 
request of that individual.
    5. Disclosure may be made to the National Archives and Records 
Administration (NARA) and the General Services Administration (GSA) for 
the purpose of records management inspections conducted under authority 
of Title 44, Chapter 29 of the United States Code.
    6. Disclosure of information to the Federal Labor Relations 
Authority (FLRA), including its General Counsel, when requested in 
connection with the investigation and resolution of allegations of 
unfair labor practices, in connection with the resolution of exceptions 
to arbitrator awards when a question of material fact is raised, in 
connection with matters before the Federal Service Impasses Panel, and 
to investigate representation petitions and conduct or supervise 
representation elections.
    7. 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.
    8. Disclosure may be made to the VA appointed representative of an 
employee, including all notices, determinations, decisions, or other 
written communications issued to the employee in connection with an 
examination ordered by VA under medical evaluation (formerly fitness-
for duty) examination procedures or Department-filed disability 
retirement procedures.
    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 of the Commission 
as authorized by law or regulation.
    11. VA may disclose information in this system of records to the 
Department of Justice (DoJ), either on VA's initiative

[[Page 23142]]

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 limited to circumstances where relevant and 
necessary to the litigation. VA may disclose records in this system of 
records in legal proceedings before a court or administrative body 
after determining that release of the records to the court or 
administrative body is limited to circumstances where relevant and 
necessary to the litigation.
    12. Disclosure of relevant information may be made to individuals, 
organizations, private or public agencies, etc., 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 or subcontractor to perform the services of the contract 
or agreement.
    13. VA may disclose 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. 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.
    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 disclose any information or records to appropriate 
agencies, entities, and persons when (1) VA suspects or has confirmed 
that there has been a breach of the system of records; (2) VA has 
determined that as a result of the suspected or confirmed breach there 
is a risk to individuals, VA (including its information systems, 
programs, and operations), the Federal Government, or national 
security; and (3) the disclosure made to such agencies, entities, or 
persons is reasonably necessary to assist in connection with VA efforts 
to respond to the suspected or confirmed breach or to prevent, 
minimize, or remedy such harm.
    16. VA may disclose information from this system to another Federal 
agency or Federal entity, when VA determines that information from this 
system of records is reasonably necessary to assist the recipient 
agency or entity in (1) responding to a suspected or confirmed breach 
or (2) preventing, minimizing, or remedying the risk of harm to 
individuals, the recipient agency or entity (including its information 
systems, programs, and operations), the Federal Government, or national 
security, resulting from a suspected or confirmed breach.

POLICIES AND PRACTICES FOR STORAGE OF RECORDS:
    Records are maintained on paper, electronic media and computer 
printouts.

POLICIES AND PRACTICES FOR RETRIEVAL OF RECORDS:
    Records are retrieved by use of the award number or an equivalent 
participant account number assigned by HCSDRO, Social Security Number 
and the name of the individual.

POLICIES AND PRACTICES FOR RETENTION AND DISPOSAL OF RECORDS:
    These records are under the following records schedule; Record 
Control Schedule (RCS) 10-1 item 1000.40a, Educational Activity 
Records. Temporary; destroy 7 years after the education activity is 
closed. (N1-015-11-4, Item 1) or 1140.1. Clinical Trainee Onboarding 
Case File (CTOCF). Temporary; cutoff, case files at the end of the 
calendar year in which the academic year is completed. Transfer to 
Federal Record Center (FRC) when 7 years old. Destroy 25 years after 
cutoff. (DAA-0015-2016-0004, item 1).

ADMINISTRATIVE, TECHNICAL AND PHYSICAL 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 AITC in Austin, 
Texas, are provided equivalent safeguards subject to local policies 
mandating protection of information subject to Federal safeguards.

RECORD ACCESS PROCEDURE:
    Individuals seeking information regarding access to and contesting 
of VA records in this system may write, call or visit the Director, 
Human Capital Management (10A2A4) (HCM), Education Loan Repayment 
Services (ELRS), 55 N Robinson Avenue, Suite 1010, Oklahoma City, OK 
73102. The telephone number is (405) 552-4346.

CONTESTING RECORD PROCEDURES:
    (See Record Access Procedures above.)

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 Director, Human Capital 
Management (10A2A4) (HCM), Education Loan Repayment Services (ELRS), 55 
N Robinson Avenue, Suite 1010, Oklahoma City, OK 73102. The telephone 
number is (405) 552-4346.

EXEMPTIONS PROMULGATED FOR THE SYSTEM:
    None.

HISTORY:
    Last full publication provided in 74 FR 21432 dated May 8, 2009.

[FR Doc. 2020-08616 Filed 4-23-20; 8:45 am]
 BILLING CODE 8320-01-P