[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