Privacy Act of 1974; System of Records, 59970-59975 [2024-16267]

Agencies

• DEPARTMENT OF VETERANS AFFAIRS

[Federal Register Volume 89, Number 142 (Wednesday, July 24, 2024)]
[Notices]
[Pages 59970-59975]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-16267]


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DEPARTMENT OF VETERANS AFFAIRS


Privacy Act of 1974; System of Records

AGENCY: Office of Mental Health (OMH), Department of Veterans Affairs 
(VA).

ACTION: Notice of a new system of records.

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SUMMARY: Pursuant to the Privacy Act of 1974, notice is hereby given 
that VA is establishing a new system of records titled, ``Law 
Enforcement Officer Evaluations (LEO Evals)--VA'' (216VA10). This 
system will be used to assist with the occupational placements of VA 
police officer candidates and officers undergoing psychological 
evaluations for hire and annually thereafter. Psychological 
evaluations, testing, and notes will contain data to assess the 
applicant's or employee's psychological fitness to meet the functional 
requirements of a VA police officer position.

DATES: Comments on this new system of records must be received no later 
than August 23, 2024. If no public comment is received during the 
period allowed for comment or unless otherwise published in the Federal 
Register by

[[Page 59971]]

VA, the new 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 ``Law Enforcement Officer Evaluations (LEO Evals)--VA 
(216VA10)''. Comments received will be available at www.Regulations.gov 
for public viewing, inspection or copies.

FOR FURTHER INFORMATION CONTACT: Stephania Griffin, Veterans Health 
Administration (VHA) Chief Privacy Officer, Department of Veterans 
Affairs, 810 Vermont Avenue NW, (105HIG), Washington, DC 20420, 
[email protected], telephone number 704-245-2492 (Note: This is 
not a toll-free number).

SUPPLEMENTARY INFORMATION:

I. Description of Proposed Systems of Records

    This system of records is used to assist with occupational 
placements VA police officer candidates and officers undergoing 
psychological evaluations for hire and annually thereafter. 
Psychological evaluations, testing, and notes will contain data to 
assess the applicant's or employee's psychological fitness to meet the 
functional requirements of a VA police officer position. VA Handbook 
0730, Security and Law Enforcement, appendix A, dated August 11, 2000, 
describes the medical standards for VA police officer applicants and 
incumbents. VA Handbook 0730 states that the VA police officers must 
possess emotional and mental stability. These guidelines are consistent 
with VA Handbook 0720, Procedures to Arm Department of Veterans Affairs 
Police, dated January 24, 2000. These standards are based on 5 CFR 
339.301.

II. Proposed Routine Use Disclosures of Data in the System

    VA is proposing the following routine use disclosures of 
information maintained in the system.
    1. 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. Data Breach Response and Remediation, for VA: To appropriate 
agencies, entities, and persons when (a) VA suspects or has confirmed 
that there has been a breach of the system of records; (b) VA has 
determined that as a result of the suspected or confirmed breach there 
is a risk of harm to individuals, VA (including its information 
systems, programs, and operations), the Federal Government, or national 
security; and (c) the disclosure made to such agencies, entities, and 
persons is reasonably necessary to assist in connection with VA's 
efforts to respond to the suspected or confirmed breach or to prevent, 
minimize, or remedy such harm.
    3. 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 (a) responding to a suspected 
or confirmed breach or (b) 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.
    4. 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 
a violation or potential violation of law, whether civil, criminal, or 
regulatory in nature, 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 such a 
violation or potential violation of law civil. 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.
    5. Department of Justice (DoJ), Litigation, or 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 his or her official capacity;
    (c) Any VA employee in his or her 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.
    6. Office of Management and Budget (OMB): To OMB for the 
performance of its statutory responsibilities for evaluating Federal 
programs.
    7. OMB: To OMB at any stage in the legislative coordination and 
clearance process in connection with private relief legislation as set 
forth in OMB Circular No. A-19.
    8. 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.
    9. Equal Employment Opportunity Commission (EEOC): To EEOC in 
connection with investigations of alleged or possible discriminatory 
practices, examination of Federal affirmative employment programs, or 
other functions of the Commission as authorized by law.
    10. Federal Labor Relations Authority (FLRA): To FLRA in connection 
with the investigation and resolution of allegations of unfair labor 
practices, the resolution of exceptions to arbitration awards when a 
question of material fact is raised, matters before the Federal Service 
Impasses Panel, and the investigation of representation petitions and 
the conduct or supervision of representation elections.
    11. Merit Systems Protection Board (MSPB): To MSPB 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 authorized by law.
    12. Health Care Providers, for Referral by VA: To: (a) a Federal 
agency or a health care provider when VA refers a patient for medical 
and other health services, or authorizes a patient to obtain such 
services and the information is needed by the Federal agency or health 
care provider to perform the services; or (b) a Federal agency or a 
health care provider under the provisions of 38 U.S.C. 513, 7409, 8111, 
or 8153, when treatment is rendered by VA under the terms of such 
contract or agreement or the issuance of an authorization, and the 
information is needed for purposes of medical treatment or follow-up, 
determination of eligibility for benefits, or recovery by VA of the 
costs of the treatment.
    13. Health Care Providers, for Referral to VA: To a non-VA health 
care provider when that health care provider has

[[Page 59972]]

referred the individual to VA for medical or other health services.
    14. Covered Entities, for their Health Care Operations: To a 
covered entity for their health care operations, provided that the 
entity either has or had a relationship with the individual, and the 
disclosure is for the purpose of:
    (a) Conducting quality assessment and improvement activities; 
patient safety activities as defined in 42 CFR 3.20; population-based 
activities relating to improving health or reducing health care costs, 
protocol development, case management, and care coordination; 
contacting of health care providers and patients with information about 
treatment alternatives; and related functions that do not include 
treatment;
    (b) Reviewing the competence or qualifications of health care 
professionals; evaluating practitioner and provider performance, and 
health plan performance; conducting training programs for health care 
practitioners, trainees, and students; training of non-health care 
professionals; accreditation, certification, licensing, or 
credentialing activities; or
    (c) Health care fraud and abuse detection or compliance.
    15. Guardians, for Incompetent Veterans: To a legal guardian who is 
responsible for the care of the mentally incompetent individual, 
provided that information is about the incompetent individual and only 
disclosed to the extent necessary.
    16. Agency-Appointed Representatives, Regarding Examinations: To 
the agency-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 
the agency under: (a) medical evaluation (formerly Fitness for Duty) 
examinations procedures, or (b) agency-filed disability retirement 
procedures.
    17. Other Agencies, for Injury Reporting: To a requesting agency, 
organization, or individual including the home address and other 
information concerning those individuals who it is reasonably believed 
might have contracted an illness or been exposed to or suffered from a 
health hazard while employed in the Federal workforce.
    18. 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 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.
    19. Federal, State, Local Agencies, for Workplace Health and Safety 
Matters: To any Federal, State, or local government agency, in response 
to its request or at the initiation of the VA, information relevant and 
necessary to the lawful, statutory, administrative, or investigatory 
purpose as it relates to the conduct of job-related epidemiological 
research or the assurance of compliance with Federal, State, or local 
government laws on health and safety in the work environment.
    20. State Licensing Board (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.
    21. Licensing Investigators or Supervisory Officials: To a State or 
local government entity which has the legal authority to make decisions 
concerning the issuance, retention or revocation of licenses, 
certifications or registrations required to practice a health care 
profession, when requested in writing by an investigator or supervisory 
official of the licensing entity for the purpose of making a decision 
concerning the issuance, retention or revocation of the license, 
certification or registration of a named health care professional.
    22. National Practitioner Data Bank (NPDB), for Hiring, 
Privileging: To the NPDB at the time of hiring or clinical privileging/
re-privileging 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/re-privileging, 
retention, or termination of the applicant or employee.
    23. NPDB, SLB, for Medical Malpractice: To the NPDB or a SLB 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: (a) 
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; (b) 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 (c) 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.
    24. Health and Wellness Program Evaluation: To third parties under 
contract with the agency to conduct evaluations of health and wellness 
programs.

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 June 14, 2024 for 
publication.

    Dated: July 19, 2024.
Amy L. Rose,
Government Information Specialist, VA Privacy Service, Office of 
Compliance, Risk and Remediation, Office of Information and Technology, 
Department of Veterans Affairs.

SYSTEM NAME AND NUMBER:
    ``Law Enforcement Officer Evaluations (LEO Evals--VA'' (216VA10).

[[Page 59973]]

SECURITY CLASSIFICATION:
    Unclassified.

SYSTEM LOCATION:
    These records are the responsibility of the Office of Mental Health 
(OMH), Veterans Health Administration (VHA), Department of Veterans 
Affairs (VA). The OMH is located at 810 Vermont Avenue NW, (11MH), 
Washington, DC 20420. Records are maintained at VA health care 
facilities. Addresses are listed in VA Appendix 1 of the biennial 
publication of the VA Privacy Act Issuances.

SYSTEM MANAGER(S):
    Christopher Loftis, Ph.D., National Mental Health Director, Office 
of Mental Health, 810 Vermont Avenue NW, Washington, DC 20420, 
[email protected], telephone number 202-461-0420 (Note: This 
is not a toll-free number).

AUTHORITY FOR MAINTENANCE OF THE SYSTEM:
    VA Handbook 0730; VA Handbook 0720; 5 CFR 339.301.

PURPOSE(S) OF THE SYSTEM:
    Records in this system will be used to assist with occupational 
placements of VA police officer candidates and officers undergoing 
psychological evaluations for hire and annually thereafter. 
Psychological evaluations, testing, and notes will contain data to 
assess the applicant's or employee's psychological fitness to meet the 
functional requirements of a VA police officer position.

CATEGORIES OF INDIVIDUALS COVERED BY THE SYSTEM:
    The records in the system are on VA police officer employees and 
applicants.

CATEGORIES OF RECORDS IN THE SYSTEM:
    Records include demographic information such as name, address, 
phone number, email address, and the last four of the applicant/
employee social security number. Records will also contain information 
regarding the psychological suitability to meet the functional 
requirements of the VA police officer position requirements, to include 
test data, interview notes, screening measures, behavioral history, 
references, and background data.

RECORD SOURCE CATEGORIES:
    Records in this system are provided by VA police officer employees 
and candidates, VA psychologists and psychiatrists conducting 
psychological evaluations, VA police chiefs and supervisors, and human 
resource and occupational health staff.

ROUTINE USES OF RECORDS MAINTAINED IN THE SYSTEM, INCLUDING CATEGORIES 
OF USERS AND PURPOSES OF SUCH USES:
    To the extent that records contained in the system include 
information protected by The HIPAA Privacy Rule and 38 U.S.C. 7332 that 
information cannot be disclosed under a routine use unless there is 
also specific disclosure authority in both provisions.
    1. 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. Data Breach Response and Remediation, for VA: To appropriate 
agencies, entities, and persons when (a) VA suspects or has confirmed 
that there has been a breach of the system of records; (b) VA has 
determined that as a result of the suspected or confirmed breach there 
is a risk of harm to individuals, VA (including its information 
systems, programs, and operations), the Federal Government, or national 
security; and (c) the disclosure made to such agencies, entities, and 
persons is reasonably necessary to assist in connection with VA's 
efforts to respond to the suspected or confirmed breach or to prevent, 
minimize, or remedy such harm.
    3. 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 (a) responding to a suspected 
or confirmed breach or (b) 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.
    4. 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 
a violation or potential violation of law, whether civil, criminal, or 
regulatory in nature, 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 such a 
violation or potential violation of law civil. 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.
    5. Department of Justice (DoJ), Litigation, or 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 his or her official capacity;
    (c) Any VA employee in his or her 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.
    6. Office of Management and Budget (OMB): To OMB for the 
performance of its statutory responsibilities for evaluating Federal 
programs.
    7. OMB: To OMB at any stage in the legislative coordination and 
clearance process in connection with private relief legislation as set 
forth in OMB Circular No. A-19.
    8. 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.
    9. Equal Employment Opportunity Commission (EEOC): To EEOC in 
connection with investigations of alleged or possible discriminatory 
practices, examination of Federal affirmative employment programs, or 
other functions of the Commission as authorized by law.
    10. Federal Labor Relations Authority (FLRA): To FLRA in connection 
with the investigation and resolution of allegations of unfair labor 
practices, the resolution of exceptions to arbitration awards when a 
question of material fact is raised, matters before the Federal Service 
Impasses Panel, and the investigation of representation petitions and 
the conduct or supervision of representation elections.
    11. Merit Systems Protection Board (MSPB): To MSPB 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 authorized by law.
    12. Health Care Providers, for Referral by VA: To: (a) a Federal 
agency or a health care provider when VA refers a patient for medical 
and other health

[[Page 59974]]

services, or authorizes a patient to obtain such services and the 
information is needed by the Federal agency or health care provider to 
perform the services; or (b) a Federal agency or a health care provider 
under the provisions of 38 U.S.C. 513, 7409, 8111, or 8153, when 
treatment is rendered by VA under the terms of such contract or 
agreement or the issuance of an authorization, and the information is 
needed for purposes of medical treatment or follow-up, determination of 
eligibility for benefits, or recovery by VA of the costs of the 
treatment.
    13. Health Care Providers, for Referral to VA: To a non-VA health 
care provider when that health care provider has referred the 
individual to VA for medical or other health services.
    14. Covered Entities, for their Health Care Operations: To a 
covered entity for their health care operations, provided that the 
entity either has or had a relationship with the individual, and the 
disclosure is for the purpose of:
    (a) Conducting quality assessment and improvement activities; 
patient safety activities as defined in 42 CFR 3.20; population-based 
activities relating to improving health or reducing health care costs, 
protocol development, case management, and care coordination; 
contacting of health care providers and patients with information about 
treatment alternatives; and related functions that do not include 
treatment;
    (b) Reviewing the competence or qualifications of health care 
professionals; evaluating practitioner and provider performance, and 
health plan performance; conducting training programs for health care 
practitioners, trainees, and students; training of non-health care 
professionals; accreditation, certification, licensing, or 
credentialing activities; or
    (c) Health care fraud and abuse detection or compliance.
    15. Guardians, for Incompetent Veterans: To a legal guardian who is 
responsible for the care of the mentally incompetent individual, 
provided that information is about the incompetent individual and only 
disclosed to the extent necessary.
    16. Agency-Appointed Representatives, Regarding Examinations: To 
the agency-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 
the agency under: (a) medical evaluation (formerly Fitness for Duty) 
examinations procedures, or (b) agency-filed disability retirement 
procedures.
    17. Other Agencies, for Injury Reporting: To a requesting agency, 
organization, or individual including the home address and other 
information concerning those individuals who it is reasonably believed 
might have contracted an illness or been exposed to or suffered from a 
health hazard while employed in the Federal workforce.
    18. 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 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.
    19. Federal, State, Local Agencies, for Workplace Health and Safety 
Matters: To any Federal, State, or local government agency, in response 
to its request or at the initiation of the VA, information relevant and 
necessary to the lawful, statutory, administrative, or investigatory 
purpose as it relates to the conduct of job-related epidemiological 
research or the assurance of compliance with Federal, State, or local 
government laws on health and safety in the work environment.
    20. State Licensing Board (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.
    21. Licensing Investigators or Supervisory Officials: To a State or 
local government entity which has the legal authority to make decisions 
concerning the issuance, retention or revocation of licenses, 
certifications or registrations required to practice a health care 
profession, when requested in writing by an investigator or supervisory 
official of the licensing entity for the purpose of making a decision 
concerning the issuance, retention or revocation of the license, 
certification or registration of a named health care professional.
    22. National Practitioner Data Bank (NPDB), for Hiring, 
Privileging: To the NPDB at the time of hiring or clinical privileging/
re-privileging 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/re-privileging, 
retention, or termination of the applicant or employee.
    23. NPDB, SLB, for Medical Malpractice: To the NPDB or a SLB 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: (a) 
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; (b) 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 (c) 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.
    24. Health and Wellness Program Evaluation: To third parties under 
contract with the agency to conduct evaluations of health and wellness 
programs.

POLICIES AND PRACTICES FOR STORAGE OF RECORDS:
    These records are maintained in paper folders and electronic 
storage media in VA Information Technology systems.

[[Page 59975]]

POLICIES AND PRACTICES FOR RETRIEVAL OF RECORDS:
    Records are retrieved by the employee or applicant name, the last 
four of their social security number, date of evaluation, or by any 
combination of these identifiers.

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, VHA 
Records Control Schedule 10-1, Item 6400.3.

ADMINISTRATIVE, TECHNICAL, AND PHYSICAL SAFEGUARDS:
    1. On an annual basis, employees are required to sign a computer 
access agreement acknowledging their understanding of confidentiality 
requirements. In addition, all employees receive annual privacy 
awareness and information security training.
    2. Access to electronic records is deactivated when no longer 
required for official duties. Recurring monitors are in place to ensure 
compliance with nationally and locally established security measures.
    3. Strict control measures are enforced to ensure that access to 
and disclosure from all records are limited to VA and the employees 
whose official duties warrant access to those files.

RECORD ACCESS PROCEDURES:
    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 or inquire in person at the VA 
health care facility where services were provided. A request for access 
to records must contain the requester's 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, or may visit the applicable VA facility. 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 PROCEDURES:
    Generalized notice is provided by the publication of this notice. 
For specific notice, see Record Access Procedure, above.

EXEMPTIONS PROMULGATED FOR THE SYSTEM:
    Under title 5 U.S.C. 552a(k)(6), the head of any agency may exempt 
any system of records within the agency from certain provisions of the 
Privacy Act of 1974, if the system of records is testing or examination 
material used solely to determine police officers qualifications for 
appointment or fitness for duty in the Federal service, the disclosure 
of which would compromise the objectivity or fairness of the testing or 
examination process. The Law Enforcement Officer Evaluation records 
within this system of records are considered examination material used 
to determine if an individual has the qualifications to become a VA 
police officer. The function of the VA Police Service is to provide for 
the maintenance of law and order and the protection of persons and 
property on Department property, and having qualified individuals is 
critical to this function. This system of records has been created to 
collect testing and examination materials used to determine 
qualifications for VA police officers' fitness for service within VA.
    Based upon the foregoing, the VA Secretary has exempted this system 
of records, to the extent that it encompasses information pertaining to 
testing or examination material used solely to determine qualifications 
for appointment or fitness for duty in the Federal service from the 
following provisions of the Privacy Act of 1974, as permitted by 5 
U.S.C. 552a(k); 5 U.S.C. 552a(c)(3); 5 U.S.C. 552a(d)(1) through 
(d)(4); 5 U.S.C. 552a(e)(1); 5 U.S.C. 552a(e)(4)(G), (H) and (I); and 5 
U.S.C. 552a(f).
    Reasons for exemptions: The exemption of information and material 
in this system of records is necessary to assist in the accomplishment 
of the law enforcement functions of the VA Police Service by ensuring 
qualified individuals are determined fit for duty and selected as VA 
Police Officer. Sharing the testing and examinations materials and 
records with individuals seeking a position with the VA Police Service 
would compromise the examination process and undermine VA's ability to 
ensure qualified individuals are determine fit for service within the 
VA Police Service.

HISTORY:
    None.

[FR Doc. 2024-16267 Filed 7-23-24; 8:45 a.m.]
BILLING CODE 8320-01-P