[Federal Register Volume 67, Number 212 (Friday, November 1, 2002)]
[Notices]
[Pages 66712-66715]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 02-27876]
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DEPARTMENT OF VETERANS AFFAIRS
Privacy Act of 1974; System of Records
AGENCY: Department of Veterans Affairs (VA).
ACTION: Notice of establishment of new system of records.
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SUMMARY: The Privacy Act of 1974 (5 U.S.C. 552(e) (4)) requires that
all agencies publish in the Federal Register a notice of the existence
and character of their systems of records. Notice is hereby given that
the Department of Veterans Affairs (VA) is establishing a new system of
records entitled ``Employee Incentive Scholarship Program--VA''
(110VA10).
DATES: Comments on the establishment of this system of records must be
received no later than December 2, 2002. If no public comment is
received, the new system will become effective December 2, 2002.
ADDRESSES: You may mail or hand-deliver written comments concerning the
proposed new system of records to the Office of Regulations Management
(02D), Department of Veterans Affairs, 810 Vermont Avenue, NW.,
Washington, DC 20420; or fax comments to (202) 273-9289; or email
comments to [email protected]. All relevant material received
before December 2, 2002 will be considered. Comments will be available
for public inspection at the above address in the Office of Regulations
Management, Room 1158, between the hours of 8 a.m. and 4:30 p.m.,
Monday through Friday (except holidays).
FOR FURTHER INFORMATION CONTACT: Veterans Health Administration (VHA)
Privacy Act Officer, Department of Veterans Affairs, 810 Vermont
Avenue, NW., Washington, DC 20420, telephone (727) 320-1839.
SUPPLEMENTARY INFORMATION:
I. Description of Proposed System of Records
The Employee Incentive Scholarship Program (EISP) allows VA to
award scholarships to employees pursuing degrees or training leading to
appointment or retention in the following health professions:
physician, dentist, podiatrist, pharmacist, licensed practical/
vocational nurse, expanded-function dental auxiliary, registered nurse,
certified registered nurse anesthetist, physician assistant,
optometrist, physical therapist, occupational therapist, certified
respiratory therapy technician, and registered respiratory therapist.
The purpose of the program is to help VA meet its needs for qualified
healthcare staff.
The Employee Incentive Scholarship Program--VA (110VA10) system of
records contains personal identification information related to the
application material, to award processes, to employment status, and to
obligated service such as name, address, Social Security number,
employing facility name, job title, grade, education level, degree
sought, award amounts, obligated service incurred, and name and address
of the educational institution. It also contains individual information
about applicants who have been denied scholarships, program
participants who have been terminated from VA employment, program
participants who have breached their program contracts and any amount
of indebtedness arising from a scholarship and owed back to VA.
Additionally, it may contain information about why an applicant
declined to accept a scholarship if the applicant furnished such
information. Since applicants typically are denied scholarships because
they do not meet the eligibility requirements to participate in the
program, the specific nature of an applicant's ineligibility would be
another element of information contained in the system of records.
Scholarship recipients may request that a payment or service obligation
be waived or suspended if circumstances beyond their control make it
impossible to comply with the terms and conditions of the educational
assistance program. The system of records would include information
about the specific nature of the request and the related decision.
Any information in this system may be used by local VA supervisory
officials and program coordinators to ensure that individual data in
the system of records is accurate and up to date and that award
recipients are in compliance with the terms of the scholarship program
contract. Data about individual award recipients may change (e.g.,
adjustments to academic course load) and could impact certain terms of
their scholarships such as the amounts of the awards and/or the
beginning and ending dates of their periods of obligated service. Data
changes may also impact assessments of the effectiveness of the
scholarship
[[Page 66713]]
program. Accordingly, local supervisory officials and program
coordinators must periodically review individual data in the system of
records to ensure its accuracy.
The information in this system of records is maintained in
electronic and hard copy format and is periodically updated through
recurring reports, provided by local VA facilities, about the progress
of their program participants. This information is necessary to
effectively administer the scholarship program. It is used to determine
and document individual applicants' initial eligibility for scholarship
awards, calculate the service commitments for scholarship recipients,
ensure program financial accountability which means that award amounts
are consistent with applicable law, regulations and policy, monitor
individual applicant educational progress, monitor the employment
status of scholarship recipients during their periods of obligated
service, and evaluate and report program results and effectiveness. The
information would be used to determine the financial liability of
individuals who breach their EISP contracts.
II. Proposed Routine Use Disclosures of Data in the System
We are proposing to establish the following routine use disclosures
of information which will be maintained in the system:
[sbull] Any information in this system that is necessary to verify
accuracy and completeness of the application information may be
disclosed to educational institutions and other relevant organizations
or individuals.
Employees must meet certain requirements to be eligible to
participate in the scholarship program. For example, the applicants
must have been formally accepted to or enrolled in authorized education
or training programs as of the date that they submit their official
applications for scholarship awards. Some schools may offer students
who do not meet all of the requirements for formal (unconditional)
acceptances into their academic programs (typically, Grade Point
Average (GPA) or standardized test scores that are below established
cutoff points), conditional acceptances. These students may be granted
formal or unconditional acceptances once they meet certain requirements
such as completing specified coursework and earning a minimum GPA.
Students who have been conditionally or informally accepted into an
academic program are not eligible to participate in the EISP. VA may
need to disclose applicant information in order to verify that
candidates for scholarship awards meet applicable program requirements.
[sbull] Any information in this system may be disclosed to a
Federal agency in order to determine if an applicant has an obligation
for service under another Federal program, thus rendering the applicant
ineligible for a VA Employee Incentive Scholarship Program Award.
Scholarship program participants are required to serve a period of
obligated service after completing their VA-sponsored courses of
education or training. Employees are ineligible to receive scholarships
if their VA periods of obligated service conflict with obligations to
perform service under any other Federal educational program(s). VA may
need to disclose applicant information to other Federal agencies to
verify that employees do not have obligations to perform service that
would render them ineligible to participate in the scholarship program.
[sbull] 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.
The purpose of the scholarship program is to assist in meeting the
staffing needs of VHA for health professional occupations for which
recruitment or retention of qualified personnel is difficult. Top-level
VA officials and Congress must have access to information from the
system to assess how effectively the program accomplishes its purpose
and to support decisions to continue, to modify or curtail its use.
[sbull] The record of an individual who is covered by this system
may be disclosed to a member of Congress or staff person acting for the
member when the member or staff person requests the record on behalf of
and at the request of that individual.
Individuals sometimes request the help of a member of Congress in
resolving some issues relating to a matter before VA. The member of
Congress then writes VA, and VA must be able to give sufficient
information to be responsive to the inquiry.
[sbull] Disclosure of information may be made to the National
Archives and Record Administration (NARA) in records management
inspections conducted under authority of Title 44 United States Code.
NARA is responsible for archiving old records no longer actively
used but which may be appropriate for preservation; they are
responsible in general for the physical maintenance of the Federal
government's records. VA must be able to turn records over to this
agency in order to determine the proper disposition of such records.
[sbull] 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.
The release of information to FLRA from this Privacy Act system of
records is necessary to comply with the statutory mandate under which
FLRA operates.
[sbull] 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.
[sbull] 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.
[sbull] 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.
[sbull] 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 vested in the
Commission by the President's Reorganization Plan No. 1 of 1978.
III. Compatibility of the Proposed Routine Uses
The Privacy Act permits VA to disclose information about
individuals without their consent for a routine use when the
information will be used for
[[Page 66714]]
a purpose that is compatible with the purpose for which we collected
the information. In all of the routine use disclosures described above,
either the recipient of the information will use the information in
connection with a matter relating to one of VA's programs, will use the
information to provide a benefit to VA, or disclosure is required by
law.
The notice of intent to publish 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.
Approved: October 21, 2002.
Anthony J. Principi,
Secretary of Veterans Affairs.
110VA10
SYSTEM NAME:
Employee Incentive Scholarship Program (EISP)-VA.
SYSTEM LOCATION:
Active records will be maintained at the Health Care Staff
Development and Retention Office (HCSDRO/10A2D), Veterans Health
Administration (VHA), Department of Veterans Affairs (VA), 1555 Poydras
Street, Suite 1971, New Orleans, Louisiana 70112; the Austin Automation
Center (AAC), Department of Veterans Affairs, 1615 East Woodward
Street, Austin, Texas 78772; and the VA healthcare facilities and VISN
offices where scholarship recipients are employed. Address locations
for VA healthcare facilities are listed in VA Appendix 1 of the
Biennial Publication of Privacy Act Issuances. Complete records will be
maintained only at the HCSDRO address.
CATEGORIES OF INDIVIDUALS COVERED BY THE SYSTEM:
VA employees who apply for and are denied or granted educational
assistance awards under the provisions of the VA Employee Incentive
Scholarship Program (EISP) in a field leading to appointment or
retention in a position listed in 38 U.S.C., Section 7401.
CATEGORIES OF RECORDS IN THE SYSTEM:
Records (or information contained in records) in this system may
include personal identification information related to the application
material, to award processes, to employment, to obligated service, and
to requests for waivers or suspensions of obligated service or
financial indebtedness to VA such as (1) name, (2) employing facility
number, (3) telephone number(s), (4) Social Security number, (5) award
amount, (6) obligated service incurred, and (7) name and address of the
educational institution; or any amount of indebtedness (accounts
receivable) arising from the scholarship and owed to VA. The
application for an EISP award includes the applicant's full name,
employing facility number, home and work telephone numbers, Social
Security number, job title, current education level, degree sought,
description of the academic program covered by the scholarship, the
starting and completion dates of the employee's academic program, the
name and address of the academic institution, the number of credits in
the student's academic program plan and the cost of the education
covered by the academic program plan. Records may include memoranda
submitted by the employees, calculations for the service obligations,
copies of letters and/or memoranda from employees making the requests
and in correspondence to employees and appropriate local program
officials delineating the decisions on such requests.
AUTHORITY FOR MAINTENANCE OF THE SYSTEM:
Title 38, U.S.C., Sections 501, 503, 7451, 7452, and 7431-7440.
Purpose(s):
The records and information may be used for determining and
documenting individual applicant eligibility for scholarship awards,
calculating the service commitments for scholarship recipients,
ensuring program financial accountability, monitoring individual
applicant educational progress, monitoring the employment status of
scholarship recipients during their periods of obligated service,
terminating the employee from the program, and evaluating and reporting
program results and effectiveness. The information would be used to
determine the financial liability of individuals who breach their EISP
contracts.
ROUTINE USES OF RECORDS MAINTAINED IN THE SYSTEM, INCLUDING CATEGORIES
OF USERS AND THE PURPOSES OF SUCH USES:
1. Disclosure of any information in this system that is necessary
to verify authenticity and completeness of the application may be made
to educational 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 an obligation
for service under another Federal program, thus rendering the applicant
ineligible for a VA Employee Incentive Scholarship Program Award.
3. Disclosure of any information in this system may be made to the
local supervisory officials and program coordinators to ensure that
individual data in the system of records is up to date and that award
recipients are in compliance with the terms of the scholarship program
contract.
4. 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.
5. Disclosure of information in this system may be made to a member
of Congress or staff person acting for the member when the member or
staff person requests the records on behalf of and at the request of
that individual.
6. Disclosure of information may be made to the National Archives
and Record Administration (NARA) in records management inspections
conducted under authority of Title 44, United States Code.
7. Disclosure of information to the 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.
8. 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.
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 vested in the
Commission by the President's Reorganization Plan No. 1 of 1978.
[[Page 66715]]
Disclosure to consumer reporting agencies:
Pursuant to 5 U.S.C. 552a(b)(12), VA may disclose records from this
system to consumer reporting agencies as defined in the Fair Credit
Reporting Act (15 U.S.C. 1681a(f)) or the Federal Claims Collection Act
of 1966 (31 U.S.C. 3701(a)(3)).
Policies and practices for storing, retrieving, accessing, retaining,
and disposing of records in the system:
Storage:
Records are maintained on paper, electronic media and computer
printouts.
Retrievability:
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.
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 healthcare facilities, and the AAC in Austin, Texas are
provided equivalent safeguards subject to local policies mandating
protection of information subject to federal safeguards.
Retention and disposal:
Records will be maintained and disposed of in accordance with
records disposition authority approved by the Archivist of the United
States.
System manager(s) and address:
Director, Health Care Staff Development and Retention Office
(10A2D), Veterans Health Administration, Department of Veterans
Affairs, 1555 Poydras Street, Suite 1971, New Orleans, Louisiana 70112.
Notification procedure:
Any individual who wishes to determine whether a record is being
maintained in this system under his or her name or other personal
identifier, or wants to determine the contents of such records, should
submit a written request or apply in person to the Director, Health
Care Staff Development and Retention Office, Veterans Health
Administration, Department of Veterans Affairs, 1555 Poydras Street,
Suite 1971, New Orleans, Louisiana 70112.
Record access procedures:
Individuals seeking information regarding access to and contesting
of VA records in this system may write, call or visit the 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.
Contesting record procedures:
(See Records Access Procedures above.)
Record source categories:
Information contained in the records is obtained from the
individual, references given in application material, educational
institutions, VA medical facilities, the VA AAC, other Federal
agencies, State agencies and consumer reporting agencies.
[FR Doc. 02-27876 Filed 10-31-02; 8:45 am]
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