Privacy Act of 1974; System of Records, 38131-38134 [2023-12402]

Agencies

• DEPARTMENT OF VETERANS AFFAIRS

[Federal Register Volume 88, Number 112 (Monday, June 12, 2023)]
[Notices]
[Pages 38131-38134]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-12402]


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DEPARTMENT OF VETERANS AFFAIRS


Privacy Act of 1974; System of Records

AGENCY: Department of Veterans Affairs (VA), Veterans Health 
Administration (VHA).

ACTION: Notice of a modified system of records.

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SUMMARY: Pursuant to the Privacy Act of 1974, notice is hereby given 
that the VA is modifying the system of records entitled ``Health 
Professional Scholarship Program, and Visual Impairment and Orientation 
and Mobility Professional Scholarship Program-VA'' (73VA10A2A) as set 
forth in the Federal Register. This system is used to determine and 
document individual applicant eligibility for scholarship awards, 
selecting applicants to receive awards, calculating service commitments 
for program participants, ensuring program financial accountability, 
monitoring educational progress of participants, monitoring the 
employment status of scholarship participants during periods of 
obligated service, terminating employees from the program (upon 
completion or breach), and evaluating and reporting program results and 
effectiveness.

DATES: Comments on this modified system of records must be received no 
later than 30 days after date of publication in the Federal Register. 
If no public comment is received during the period allowed for comment 
or unless otherwise published in the Federal Register by VA, the 
modified system of records will become effective a minimum of 30 days 
after date of publication in the Federal Register. If VA receives 
public comments, VA shall review the comments to determine whether any 
changes to the notice are necessary.

ADDRESSES: Comments may be submitted through www.Regulations.gov or 
mailed to VA Privacy Service, 810 Vermont Avenue NW, (005X6F), 
Washington, DC 20420. Comments should indicate that they are submitted 
in response to ``Health Professional Scholarship Program, and Visual 
Impairment and Orientation and Mobility Professional Scholarship 
Program-VA'' (73VA10A2A). Comments received will be available at 
regulations.gov for public viewing, inspection or copies.

FOR FURTHER INFORMATION CONTACT: Stephania Griffin, VHA Chief Privacy 
Officer, Department of Veterans Affairs, 810 Vermont Avenue NW, 
Washington, DC 20420; [email protected], telephone number 704-
245-2492 (Note: this is not a toll-free number).

SUPPLEMENTARY INFORMATION: VA is modifying the system by revising the 
System Number; System Location; System Manager; Routine Uses of Records 
Maintained in the System; Policies and Practices for Storage of 
Records; Policies and Practices for Retention and Disposal of Records; 
Administrative, Technical and Physical Safeguards; Notification 
Procedure; and Record Access Procedure. VA is republishing the system 
notice in its entirety.
    The System Number will be changed from 73VA10A2A to 73VA10 to 
reflect the current VHA organizational routing symbol.
    The System Location is being updated to remove, ``Active records 
will be maintained at 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. Complete records will be maintained only at this 
address.'' This section will include, ``Active records are located in a 
Federal Risk and Authorization Management Program (FEDRAMP) approved 
Amazon Web Server (AWS) Cloud based system. There are no paper records 
for Health Professional Scholarship Program (HPSP) being maintained. 
The Uniform Resource Locator where records are maintained is https://va-ams.intelliworxit.com/ (A login is required to retrieve any 
information.)''
    The System Manager is being updated to remove ``Director, 
Healthcare Talent Management (10A2A8), 1250 Poydras Street, Suite 
#1000, New Orleans, Louisiana 70113''. This section will include, 
``Executive Director, Workforce Solutions, Veterans Health 
Administration, Department of Veterans Affairs, 55 North Robinson Ave., 
Suite 110, Oklahoma City, OK 73102. Telephone number is 405-921-4226 
(this is not a toll-free number).''
    The following routine use is added and will be routine use #18, 
``Data Breach Response and Remediation, For Another Agency: 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 is being updated to 
remove ``secure local area network (LAN) located within HTM office 
spaces and safeguarded.'' This section will change to ``secure AWS 
cloud-based network.''
    Policies and Practices for Retention and Disposal of Records is 
being updated to remove the following: ``Records will be maintained and 
disposed of in accordance with records disposition authority approved 
by the Archivist of the United States.'' This section is updated to 
state, ``Records in this system are retained and disposed of in 
accordance with the schedule approved by the Archivist of the United 
States, VHA Records Control Schedule 10-1, 3200.1.''

[[Page 38132]]

    Administrative, Technical and Physical Safeguards are being updated 
to include, ``HPSP is hosted in AWS Government Cloud (GovCloud) 
infrastructure as a service cloud computing environment that has been 
authorized at the high-impact level under the FedRAMP. The secure site-
to-site encrypted network connection is limited to access via the VA 
trusted internet connection.''
    Notification Procedure and Record Access Procedure are being 
updated to remove the following: ``Talent Management (10A2A8), 1250 
Poydras Street, Suite #1000, New Orleans, Louisiana 70113.'' In the new 
System of Reports Notice, no address will be included in these 
sections. Rather, the reader will be referred to the system manager.
    The Report of Intent to Modify 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 5 U.S.C. 552a(r) (Privacy 
Act) and guidelines issued by OMB (65 FR 77677), 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. Kurt D. 
DelBene, Assistant Secretary for Information and Technology and Chief 
Information Officer, approved this document on May 1, 2023 for 
publication.

    Dated: June 6, 2023.
Amy L. Rose,
Program Analyst, VA Privacy Service, Office of Information Security, 
Office of Information and Technology, Department of Veterans Affairs.

SYSTEM NAME AND NUMBER:
    ``Health Professional Scholarship Program, and Visual Impairment 
and Orientation and Mobility Professional Scholarship Program-VA'' 
(73VA10)

SECURITY CLASSIFICATION:
    Unclassified.

SYSTEM LOCATION:
    Active records are located in a Federal Risk and Authorization 
Management Program (FEDRAMP) approved Amazon Web Server (AWS) Cloud 
based system. There are no paper records for Health Professional 
Scholarship Program (HPSP) being maintained. The Uniform Resource 
Locator where records are maintained is https://va-ams.intelliworxit.com/. (A login is required to retrieve any 
information.)

SYSTEM MANAGER(S):
    Official responsible for policies and procedures: Executive 
Director, Workforce Solutions, Veterans Health Administration, 
Department of Veterans Affairs, 55 North Robinson Ave., Suite 110, 
Oklahoma City, OK 73102. Telephone number is 405-921-4226 (this is not 
a toll-free number).

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

PURPOSE(S) OF THE SYSTEM:
    The purpose of these records is to support HPSP and Visual 
Impairment and Orientation and Mobility Professional Scholarship 
Program (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 
care 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.

CATEGORIES OF INDIVIDUALS COVERED BY THE SYSTEM:
    The records include information regarding individuals who apply 
for, and are awarded, scholarships under the provisions of the VHA HPSP 
in a field leading to an appointment under paragraph (1) or (3) 38 
U.S.C. 7401, and individuals who apply for, and are awarded, 
scholarships under the provisions of the VHA VIOMPSP in a program of 
study leading to an appointment as a qualified blind rehabilitation 
specialist.

CATEGORIES OF RECORDS IN THE SYSTEM:
    The records (or information contained in records) 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 the 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 also correspondence to 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.

RECORD SOURCE CATEGORIES:
    Record sources, include 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.

ROUTINE USES OF RECORDS MAINTAINED IN THE SYSTEM, INCLUDING CATEGORIES 
OF USERS AND THE PURPOSES OF SUCH USES:
    1. Congress: To a Member of Congress or staff acting upon the 
Member's behalf when the Member or staff requests the information on 
behalf of, and at the request of, the individual who is the subject of 
the record.
    2. Governmental Agencies, for VA Hiring, Security Clearance, 
Contract, License, Grant: To a Federal, state, local, or other 
governmental agency maintaining civil or criminal violation records, or 
other pertinent information such as employment history, background 
investigations, or personal or educational background, to obtain 
information relevant to VA's hiring, transfer, or retention of an 
employee, issuance of a security clearance, letting

[[Page 38133]]

of a contract, or issuance of a license, grant, or other benefit. The 
disclosure of the names and addresses of veterans and their dependents 
from VA records under this routine use must also comply with the 
provisions of 38 U.S.C. 5701.
    3. State or Local Agencies, for Employment: To a state, local, or 
other governmental agency, upon its official request, as 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 of a license, grant, or other 
benefit by that agency. The disclosure of the names and addresses of 
veterans and their dependents from VA records under this routine use 
must also comply with the provisions of 38 U.S.C. 5701.
    4. Federal Agencies, Verifying Obligations of Service: To Federal 
agencies 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.
    5. Educational Institutions, Scholarship Program Administration: To 
educational institutions in order to assist in the administration of 
this program, provided that information disclosed is about individuals 
eligible for scholarships.
    6. Department of Treasury, for Award Payment Information: To the 
Department of Treasury to permit delivery of scholarship-related checks 
to students and to educational institutions.
    7. Consumer Reporting Agencies: To a consumer reporting agency for 
the purpose of locating the individual, obtaining a consumer report to 
determine the ability of the individual to repay an indebtedness to the 
United States, or assisting in the collection of such indebtedness, 
provided that the provisions of 38 U.S.C. 5701(g)(2) and (4) have been 
met, provided that the disclosure is limited to information that is 
reasonably necessary to identify such individual or concerning that 
individual's indebtedness to the United States by virtue of the 
person's participation in a benefits program administered by the 
Department.
    8. Department of Justice (DOJ), Litigation, Administrative 
Proceeding: To DoJ, or in a proceeding before a court, adjudicative 
body, or other administrative body before which VA is authorized to 
appear, when:
    (a) VA or any component thereof;
    (b) Any VA employee in their official capacity;
    (c) Any VA employee in their individual capacity where DoJ has 
agreed to represent the employee; or
    (d) The United States, where VA determines that litigation is 
likely to affect the agency or any of its components, is a party to 
such proceedings or has an interest in such proceedings, and VA 
determines that use of such records is relevant and necessary to the 
proceedings.
    9. Application Authenticity, References: To educational 
institutions, previous employers or individuals providing references to 
verify the authenticity of the application.
    10. State Licensing Boards (SLB), for Licensing: To a Federal 
agency, a state or local government licensing board, the Federation of 
State Medical Boards, or a similar non-governmental entity that 
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, to inform such non-governmental 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. National Practitioner Data Bank (NPDB), for Hiring, 
Privileging: To the NPDB at the time of hiring or clinical privileging/
re-privileging of healthcare 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/re-privileging, 
retention or termination of the applicant or employee.
    12. NPDB, SLB, for Medical Malpractice: To the NPDB or a state 
licensing board in the state 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 that 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 
Department policy that payment was related to substandard care, 
professional incompetence, or professional misconduct on the part of 
the individual; (2) a final decision that 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. National Archives and Records Administration (NARA): To NARA in 
records management inspections conducted under 44 U.S.C. 2904 and 2906, 
or other functions authorized by laws and policies governing NARA 
operations and VA records management responsibilities.
    14. Contractors: To contractors, grantees, experts, consultants, 
students, and others performing or working on a contract, service, 
grant, cooperative agreement, or other assignment for VA, when 
reasonably necessary to accomplish an agency function related to the 
records.
    15. Law Enforcement: To a Federal, state, local, territorial, 
tribal, or foreign law enforcement authority or other appropriate 
entity charged with the responsibility of investigating or prosecuting 
such violation or charged with enforcing or implementing such law, 
provided that the disclosure is limited to information that, either 
alone or in conjunction with other information, indicates a violation 
or potential violation of law, whether civil, criminal, or regulatory 
in nature. The disclosure of the names and addresses of Veterans and 
their dependents from VA records under this routine use must also 
comply with the provisions of 38 U.S.C. 5701.
    16. Federal Agencies, Fraud and Abuse: To other Federal agencies to 
assist such agencies in preventing and detecting possible fraud or 
abuse by individuals in their operations and programs.
    17. Data Breach Response and Remediation, for VA: 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 reasonably

[[Page 38134]]

necessary to assist in connection with VA efforts to respond to the 
suspected or confirmed breach or to prevent, minimize, or remedy such 
harm.
    18. Data Breach Response and Remediation, for Another Federal 
Agency: 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 by HPSP. Records stored on electronic media are maintained on 
a VA-approved and managed, password protected secure AWS cloud-based 
network.

POLICIES AND PRACTICES FOR RETRIEVABILITY OF RECORDS:
    Records in this system are retrieved using the award number, or an 
equivalent participant account number assigned by HSPS, Social Security 
number, and the name of the individual.

POLICIES AND PRACTICES FOR RETENTION AND DISPOSAL OF RECORDS:
    Records in this system are retained and disposed of in accordance 
with the schedule approved by the Archivist of the United States and 
VHA Records Control Schedule 10-1, 3200.1.

ADMINISTRATIVE, TECHNICAL, AND PHYSICAL SAFEGUARDS:
    Access to the basic file in HPSP is restricted to authorized VA 
employees and vendors. Access to the office spaces where electronic 
media is maintained within HPSP is further restricted to specifically 
authorized employees and is protected by contracted building security 
services. Records (typically computer printouts) at HPSP 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 HPSP office spaces and 
safeguarded as described above.
    HPSP is hosted in AWS Government Cloud (GovCloud) infrastructure as 
a service cloud computing environment that has been authorized at the 
high-impact level under the FedRAMP. The secure site-to-site encrypted 
network connection is limited to access via the VA trusted internet 
connection.

RECORD ACCESS PROCEDURE:
    Individuals seeking information on the existence and content of 
records in this system pertaining to them should contact the system 
manager in writing as indicated above. A request for access to records 
must contain the requesters' full name, address, telephone number, be 
signed by the requester and describe the records sought in sufficient 
detail to enable VA personnel to locate them with a reasonable amount 
of effort.

CONTESTING RECORD PROCEDURES:
    Individuals seeking to contest or amend records in this system 
pertaining to them should contact the system manager in writing as 
indicated above. A request to contest or amend records must state 
clearly and concisely what record is being contested, the reasons for 
contesting it and the proposed amendment to the record.

NOTIFICATION PROCEDURE:
    Generalized notice is provided by the publication of this notice. 
For specific notice, see Record Access Procedure, above.

EXEMPTIONS PROMULGATED FOR THE SYSTEM:
    None.

HISTORY:
    74 FR 62390 (November 27, 2009); 78 FR 27481 (May 10, 2013).

[FR Doc. 2023-12402 Filed 6-9-23; 8:45 am]
BILLING CODE 8320-01-P