[Federal Register Volume 65, Number 140 (Thursday, July 20, 2000)]
[Notices]
[Pages 45131-45137]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 00-18287]


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DEPARTMENT OF VETERANS AFFAIRS


System Name: Privacy Act of 1974, Altered System of Records, 
General Personnel Records (Title 38)--VA 76VA05

AGENCY: Department of Veterans Affairs.

ACTION: Notice.

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SUMMARY: Notice is hereby given that the Department of Veterans Affairs 
(VA) is republishing the system of records entitled General Personnel 
Records (Title 38)--VA (76VA05) as set forth in the Federal Register 53 
FR 27258 (7/19/

[[Page 45132]]

88) and amended in 55 FR 42534 (10/19/90), 58 FR 40852 (7/30/93), and 
61 FR 14853 (4/3/96). Changes in law, regulation, technology, function, 
and organization have resulted in the system notice being out of date. 
Alterations include the paragraphs for System Location, Individuals 
Covered by the System of Records, Categories of Records in the System, 
Routine Uses of the Information, Legal Authority to Maintain the System 
of Records, and Procedures Related to Storing, Retrieving, Accessing, 
Retaining, and Disposing of Information in the System of Records. VA is 
republishing the system notice in its entirety at this time.

DATES: Submit comments on or before August 21, 2000.

ADDRESSES: Interested persons are invited to submit written comments, 
suggestions, or objections regarding this system of records to the 
Director, Office of Regulations Management (02D), 810 Vermont Avenue, 
NW, Washington, DC 20420. All written comments received will be 
available for public inspection in the Office of Regulations 
Management, Room 1154, 810 Vermont Avenue, NW, Washington, DC 20420 
only between the hours of 8 a.m. and 4:30 p.m., Monday through Friday, 
except holidays. If no public comment is received during the 30-day 
review period allowed for public comment, or unless otherwise published 
in the Federal Register by VA, the reissued system of records is 
effective August 21, 2000.

FOR FURTHER INFORMATION CONTACT: Mr. Brian McVeigh, Department of 
Veterans Affairs (051A), 810 Vermont Avenue, NW, Washington, DC 20420, 
(202) 273-9821.

SUPPLEMENTARY INFORMATION: The system location is being changed to 
include the VA Shared Service Center, 3401 SW 21st Street, Topeka, 
Kansas 66604 and the offices of non-Federal contractors or 
subcontractors who may maintain these records. VA is improving its 
human resources and payroll services and part of that process may 
include permanently moving records to a centralized location. At this 
time, the records of employees in Veterans Integrated Service Network 2 
and the Atlanta VA Medical Center have been temporarily relocated to 
the Shared Service Center as a prototype. If the records of employees 
covered by this system of records are permanently relocated to either 
of these newly added locations, notice will be provided in the Federal 
Register. The name of the VA Data Processing Center is also being 
changed to reflect its current title, the VA Austin Automation Center.
    The categories of individuals covered by this system of records are 
being modified to exclude residents appointed on an intermittent basis 
under 38 U.S.C. 7406 if their stipends are centrally administered under 
the provisions of 38 U.S.C. 7406(c). VA will no longer maintain records 
on these employees, since they are ineligible for Federal benefits as a 
result of their VA service. Coverage is also clarified to indicate that 
the system of records does not cover employees appointed on a fee or 
without compensation basis under 38 U.S.C. 7405. They are covered by 
the system of records entitled Individuals Serving on a Fee Basis or 
Without Compensation (Consultants, Attendings, Others) Personnel 
Records-VA (14VA135). In addition, this system of records does not 
cover VA employees appointed under chapter 3 or 71 of Title 38, U.S. 
Code.
    The categories of records in the system are being changed as 
follows:
    a. Because of the Veterans Health Care Eligibility Reform Act of 
1996, Pub.L. 104-262, dated October 9, 1996, employee certification of 
outside professional activities is no longer required and has not been 
collected since October 9, 1996. Information concerning certifications 
prior to October 9, 1996, will remain in the system of records.
    b. Information concerning competency assessments, proficiency 
reports, employee statements regarding proficiency reports given and 
any recommendations based on them, as well as professional standards 
board actions and any documents associated with those actions, are 
being removed from this system. These records are being included in a 
new system of records entitled Professional Standards Board Action and 
Proficiency Rating Folder (Title 38)--VA (101VA05), which is being 
released simultaneously with this notice.
    c. Records associated with processing disciplinary and adverse 
actions, actions based on inaptitude, inefficiency, misconduct, 
disqualification during probation, physical disqualification, agency-
initiated disability retirements, and suitability determinations are 
being removed from this system of records. This includes any notice of 
proposed action, materials relied on by VA to support the reason(s) for 
the action, replies by employees or their representatives, statements 
of witnesses, hearing notices and reports related to these actions. 
These records are being included in a new system of records entitled 
Agency-Initiated Personnel Actions (Title 38)--VA (102VA05), which is 
being released simultaneously with this notice.
    d. Certain records relating to an employee's participation in the 
Federal Retirement Investment Thrift Savings Board's Thrift Savings 
Plan are being added as a relevant and necessary part of this system of 
records.
    The authority for maintenance of the system is being modified to 
reflect the 1992 reorganization of Title 38, United States Code.
    Information concerning the purpose of this system of records has 
been added. The previous system notice was published before such 
information was required.
    The routine uses of information in this system of records, 
including categories of users and the purposes of such uses, are being 
modified as follows:
    a. Routine use 1 relating to disclosures to the Office of Personnel 
Management has been deleted. Such disclosures are only made from the 
system of records entitled Personnel and Accounting Pay System-VA 
(27VA047).
    b. Routine use 3 relating to disclosures of information to colleges 
and universities has been split into two routine uses (numbers 2 and 
3), since such disclosures are made for two different reasons.
    c. Routine uses 8 and 9 relating to awards, honors, and other types 
of employee recognition have been modified to more clearly indicate 
what disclosures are made, to whom the disclosures are made and the 
purposes of such disclosures.
    d. Routine use 10 is being modified to clarify the conditions under 
which data is disclosed to officials of labor organizations recognized 
under 5 U.S.C., chapter 71. The clarification ties such disclosures to 
the law authorizing the disclosures, i.e., 5 U.S.C. 7114(b)(4). The 
former version authorized disclosures to officials of labor 
organizations ``when relevant and necessary to their duties of 
exclusive representation concerning personnel policies, practices, and 
matters affecting working conditions.''
    e. Routine use 11 is modified. VA is prohibited from promulgating 
routine uses that would permit disclosures in response to requests for 
information for civil or law enforcement purposes or in response to 
court orders. Such requests must be submitted under the provisions of 5 
U.S.C. 552a(b)(7) or (b)(11), as applicable. See Doe v. DiGenova, 779 
F. 2d 74 (D.C Cir. 1985) and Doe v. Stephens, 851 F. 2d 1457 (D.C. Cir. 
1988), and an August 28, 1989, opinion from the Office of Legal 
Counsel, Department of Justice. Routine use 11

[[Page 45133]]

no longer includes such disclosures; however, it has been modified to 
permit VA to disclose, on its own initiative, relevant information if 
there is reason to believe that a violation of statute, rule or 
regulation has occurred.
    f. Routine use 14 no longer permits disclosures at the request of 
agencies in the executive, legislative, or judicial branch of the 
Federal government, or to the government of the District of Columbia 
for investigative purposes. Such requests must be submitted under the 
provisions of 5 U.S.C. 552a(b)(7). That portion of the routine use has 
been deleted.
    g. Routine use 15 has been modified to limit the reason for such 
disclosures to obtaining accreditation or other approval ratings. It 
also now permits disclosures to other Federal agencies for this 
purpose. The former version of this routine use was overly broad.
    h. Routine use 18 has been modified so that it no longer permits 
disclosures in response to subpoenas or court orders. Applicable case 
law (see paragraph e above) prohibits disclosures in response to 
subpoenas. Court orders directing the production of information must 
also meet the requirements of 5 U.S.C. 552a(b)(11). The revised routine 
use would permit VA to disclose relevant information on its own 
initiative in certain legal proceedings if VA is party to those 
proceedings and disclosure is necessary to protect its interests.
    i. Routine use 19, relating to requests for discovery or for the 
appearance of witnesses, has been deleted, since it is no longer 
consistent with applicable case law (see paragraph e above).
    j. Routine use 24 related to disclosures to VA-appointed 
representatives concerning fitness for duty examinations and disability 
retirement procedures has been deleted. The information is being 
removed from this system of records and placed in a new system entitled 
Agency-Initiated Personnel Actions (Title 38)--VA (102VA05).
    k. Routine use 25, concerning disclosures because an individual may 
have contracted an illness, been exposed to, or suffered from a health 
hazard while employed by the Federal government, is being deleted. This 
subject is addressed in 5 U.S.C. 552a(b)(8).
    l. Routine use 29 (now 26), is being changed to delete the language 
concerning disclosures to the Equal Employment Opportunity Commission 
to ensure compliance with the Uniform Guidelines on Employee Selection 
Procedures, since VA has not chosen to adopt the Uniform Guidelines for 
use in its Title 38 employment procedures.
    m. Routine use 30 (now 27), is being clarified to indicate that 
disclosures to the Federal Labor Relations Authority and Federal 
Service Impasses Panel may only be made after appropriate jurisdiction 
has been established. Matters or questions concerning or arising out of 
(1) professional conduct or competence, (2) peer review and (3) the 
establishment, determination or adjustment of compensation shall be 
decided by the Secretary of Veterans Affairs and is not itself subject 
to collective bargaining and may not be reviewed by another agency. See 
38 U.S.C. 7422.
    n. Routine use 32 (now 29) is being modified to include Federal 
agencies. For example, disclosures will be made to the Department of 
Health and Human Services Exclusionary Database as required by Pub. L. 
105-53.
    o. Routine use 33 regarding disclosures of information in response 
to requests from agencies responsible for the issuance, retention or 
revocation of licenses, certification or registrations required to 
practice a health care profession has been deleted. Such requests must 
conform to the requirements of 5 U.S.C. 552a(b)(7).
    p. Routine uses 35 and 36, relating to disclosures of information 
through computer matching, have been deleted, as such disclosures are 
not made from this system of records.
    q. Routine use 39 (now 33) concerning disclosures to license 
monitoring agencies is being modified to exclude language concerning 
computer matching. Such disclosures are not made from this system of 
records.
    r. New routine uses are proposed as follows:
    (1) Number 35 would permit disclosures to contractors, 
subcontractors, grantees, or volunteers performing or working on a 
contract, service, grant, cooperative agreement, or job for the Federal 
government. However, such disclosures must be in the interest of VA and 
compatible with the intended purposes for which the record was created.
    (2) Number 36 permits, upon request, disclosure to a spouse or 
dependent child (or a court-appointed guardian thereof) of a VA 
employee enrolled in the Federal Employees Health Benefits Program, 
whether the employee changed from a self-and-family enrollment to self-
only health benefits enrollment. Such disclosures are made to ensure 
proper administration of Federal health benefits.
    (3) Number 37 permits disclosing information to the Federal 
Retirement Thrift Investment Board certain information concerning 
employee participation in the Thrift Savings Plan.
    (4) Number 38 permits disclosing information concerning information 
to the Department of Health and Human Services' Healthcare Integrity 
and Protection Data Base pursuant to section 221(a), Pub. L. 104-191, 
and the associated Department of Health and Human Services regulations, 
45 CFR part 61.
    The policies and practices for storing, retrieving, accessing, 
retaining, and disposing of records in the system are being modified to 
reflect changes in technology and to provide additional information 
concerning the safeguards used to protect these records. For example, 
when VA updates the way it provides personnel and payroll services, 
individuals will be given remote on-line access to certain documents 
pertaining to them, e.g., the Notification of Personnel Action, 
Standard Form 50-B. In the course of providing access, VA will maintain 
automated information found in this system of records on its Intranet 
web site. Employees will remotely access this information from access 
points located at VA stations and/or from their computer desktop. 
Access will be read-only with printing capability, but restricted 
through the issuance of user identification codes and personal 
identification numbers (PINS). User identification codes and PINS will 
be issued by the VA Shared Service Center. They will not retain a copy 
of the PIN. If an employee forgets the PIN, he or she must have the PIN 
reset by the VA Shared Service Center, which will then mail a new PIN 
to the employee's home address. Security devices (e.g. passwords, 
firewall) are used to control access by VA users and to shield VA 
networks and systems from users outside the firewall. VA employees, 
contractors, or subcontractors responsible for maintaining this system 
of records will be required to establish the necessary controls to 
ensure that records are protected against loss or unauthorized 
adulteration and can be located when necessary. They will also be 
required to ensure that records are protected against unauthorized 
access and that they understand and apply Privacy Act restrictions on 
disclosing information from this system of records. Employees are 
subject to disciplinary action and contractors or subcontractors are 
subject to sanction for knowingly making an unauthorized disclosure 
from this system or records or otherwise failing to comply with the 
requirements related to maintaining and disposing of records. 
Information concerning the exchange of

[[Page 45134]]

data between the VA Austin Automation Center and VA facilities is also 
being updated to reflect changes in technology. Exchange of information 
between the Austin Automation Center and VA health care facilities will 
be over VA's Intranet. The reference to the VADATS telecommunications 
network has been deleted since it is no longer in operation.
    Notification procedures, records access procedures and procedures 
for contesting the contents of records are being changed to reflect the 
realignment of these functions within the Department of Veterans 
Affairs.

    Approved: July 6, 2000.
Togo D. West, Jr.,
Secretary of Veterans Affairs.
76VA05

System Name:
    Altered System of Records, General Personnel Records (Title 38)-VA.

System Location:
    Active records are maintained at the Department of Veterans Affairs 
(VA) Central Office, 810 Vermont Avenue, NW., Washington, DC 20420; VA 
field facilities; VA Austin Automation Center, 1615 East Woodward 
Street, Austin, Texas 78772; VA Shared Service Center, 3401 SW 21st 
Street, Topeka, Kansas 66604; and offices of contractors or 
subcontractors who may maintain these records. When VA determines that 
portions of these records need to be maintained at different locations 
or that copies of these records need to be maintained at more than one 
location, e.g., at the Shared Service Center and administrative offices 
closer to where employees actually work, such records are covered by 
this system. Inactive records are retired to the National Personnel 
Records Center, 111 Winnebago Street, St. Louis, Missouri 63118. 
Records not considered long-term records, but which may be retained in 
this system or elsewhere during employment, and which are also included 
in this system, may be retained for a period of time after the employee 
leaves service. However, such records will be disposed of in accordance 
with the procedures for retention and disposal outlined below. The 
phrase ``long-term'' record describes records that are filed on the 
right side of the Merged Records Personnel Folder (MRPF) (Standard Form 
66-C).

    Note 1: It is not VA's intent to limit this system of records to 
those records physically within the MRPF. Records may be filed in 
other folders located in offices other than where the MRPF is 
located, e.g., working files that supervisors or other agency 
officials use that are derived from 76VA05 may be kept in a more 
convenient location.

Categories of Individuals Covered by the System:
    Current and former employees appointed under 38 U.S.C. 7306, 
7401(1), 7401(3), and 38 U.S.C. 7405 except those appointed on a fee or 
without compensation basis, and residents appointed under 38 U.S.C. 
7406 whose stipends and fringe benefits are not centrally administered 
under the provisions of 38 U.S.C. 7406(c). This includes employees such 
as physicians, dentists, podiatrists, optometrists, nurses, nurse 
anesthetists, physician assistants, expanded-function dental 
auxiliaries, certified respiratory therapy technicians, registered 
respiratory therapists, licensed physical therapists, licensed 
practical or vocational nurses, occupational therapists, and 
pharmacists. Current and former employees appointed under 38 U.S.C. 
Chapter 78 to positions in the Veterans Canteen Service are covered by 
this system.

Categories of Records in the System:
    All categories of records may include identifying information, such 
as names(s), date of birth, home address, mailing address, Social 
Security number, and telephone number(s). Records in this system are:
    a. Records reflecting work experience, licensure, credentials, 
educational level achieved, and specialized education or training 
occurring outside of Federal service.
    b. Records reflecting Federal service and documenting work 
experience, education, training, and/or awards received while employed. 
Such records contain information about past and present positions held; 
grades; salaries; duty station locations; and notices of all personnel 
actions, such as appointments, transfers, reassignments, details, 
promotions, demotions, staffing adjustments or reductions-in-force, 
resignations, separations, suspensions, removals, retirements, and 
approval of disability retirement applications.
    c. Records relating to an Intergovernmental Personnel Act 
assignment or Federal-private sector exchange program.
    d. Records regarding Government-sponsored training or participation 
in employee development programs designed to broaden an employee's work 
experiences or for the purposes of advancement.
    e. Printouts of information from automated personnel systems, e.g., 
information from the Personnel and Accounting Pay System-VA (27VA047).
    f. Records reflecting enrollment or declination of enrollment in 
the Federal Employees' Group Life Insurance Program and Federal 
Employees' Health Benefits Program as well as forms showing 
designations of beneficiary.
    g. Elections to participate in the Thrift Savings Plan, Notices 
that Thrift Savings Plan Contributions cannot be made because a 
financial hardship withdrawal has been issued and transcripts of Thrift 
Savings Plan changes approved for use by the Federal Retirement Thrift 
Investment Board.
    h. Records relating to designations for lump-sum leave benefits.
    i. Records relating to access to classified information and other 
nondisclosure agreements.
    j. Records related to certification of outside professional 
activities prior to enactment of the Veterans Health Care Eligibility 
Reform Act of 1996, Pub. L. 104-262, dated October 9, 1996.

Authority for Maintenance of the System:
    38 U.S.C. 501(a), 7304, 7406(c)(1), and 7802.

Purposes(s):
    The personnel records in these files are the official repository of 
the records, reports of personnel actions and the documents and papers 
associated with these actions. The personnel action reports and other 
documents give legal force and effect to personnel transactions and 
establish employee rights and benefits under pertinent laws and 
regulations governing Federal employment. They provide the basic source 
of factual data about a person's Federal employment while in the 
service and after his or her separation. Records in this system have 
various uses, including screening qualifications of employees; 
determining status, eligibility, and rights and benefits under 
pertinent laws and regulations governing Federal employment; computing 
length of service; and other information needed to provide personnel 
services.

Routine Uses of Records Maintained in the System, Including Categories 
of Users and the Purposes of Such Uses:
    1. To disclose information to Government training facilities 
(Federal, State, and local) and to non-Government training facilities 
(private vendors of training courses or programs, private schools, 
etc.) for training purposes.
    2. To disclose information to educational institutions about the 
appointment of their recent graduates to VA positions. These 
disclosures are made to enhance recruiting relationships between VA and 
these institutions.

[[Page 45135]]

    3. To provide college and university officials with information 
about students who are working at VA to receive academic credit for the 
experience.
    4. To disclose to the following agencies information needed to 
adjudicate retirement, insurance or health benefits claims: Department 
of Labor, Social Security Administration, Department of Defense, 
Federal agencies having special civilian employee retirement programs, 
and state, county, municipal, or other publicly recognized charitable 
or income security administration agencies (e.g., State unemployment 
compensation agencies), when necessary to adjudicate a claim under the 
retirement, insurance or health benefits programs of the Office of 
Personnel Management or an agency cited above. Information may also be 
disclosed to agencies to conduct an analytical study or audit of 
benefits being paid under such programs.
    5. To disclose to the Office of Federal Employees' Group Life 
Insurance information necessary to verify election, declination, or 
waiver of regular and/or optional life insurance coverage or 
eligibility for payment of a claim for life insurance.
    6. To disclose to health insurance carriers contracting with the 
Office of Personnel Management to provide a health benefits plan under 
the Federal Health Benefits Program, information necessary to identify 
enrollment in a plan, to verify eligibility for payment of a claim for 
health benefits, or to carry out the coordination or audit of benefits 
provisions of such contracts.
    7. To disclose information to a Federal, State, or local agency for 
determination of an individual's entitlement to benefits in connection 
with Federal Housing Administration programs.
    8. To disclose relevant information to third parties considering VA 
employees for awards or recognition and to publicize information about 
such awards or recognition. This may include disclosures to public and 
private organizations, including news media, which grant or publicize 
employee awards or honors.
    9. To disclose information about incentive awards and other awards 
or honors granted by VA. This may include disclosure to public and 
private organizations, including news media, which publicize such 
recognition.
    10. To disclose the information listed in 5 U.S.C. 7114(b)(4) 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.
    11. VA may, on its own initiative, disclose relevant information to 
a Federal agency (including Offices of the Inspector General), State, 
or local agency responsible for investigating, prosecuting, enforcing, 
or implementing a statute, rule, regulation if there is reason to 
believe that a violation may have occurred. This routine use does not 
authorize disclosures in response to requests for information for civil 
or criminal law enforcement activity purposes, nor does it authorize 
disclosure of information in response to court orders. Such requests 
must meet the requirements of 5 U.S.C. 552a(b)(7) or (b)(11), as 
applicable.
    12. To disclose pertinent information to any source when necessary 
to obtain information relevant to a conflict-of-interest investigation 
or determination.
    13. To disclose information to any source from which additional 
information is requested (to the extent necessary to identify the 
individual, inform the source of the purposes(s) of the request, and to 
identify the type of information requested), when necessary to obtain 
information relevant to an agency decision concerning the hiring or 
retention of an employee, the issuance of a security clearance, the 
conducting of a security or suitability investigation of an individual, 
the letting of a contract, or the issuance of a license, grant, or 
other benefit.
    14. To disclose to an agency in the executive, legislative, or 
judicial branch, or the District of Columbia's Government in response 
to its request, or at the initiation of VA, information in connection 
with the hiring of an employee, the issuance of a security clearance, 
the conducting of a security or suitability investigation of an 
individual, the letting of a contract, the issuance of a license, grant 
or other benefit by the requesting agency, or the lawful statutory or 
administrative purpose of the agency to the extent that the information 
is relevant and necessary to the requesting agency's decision.
    15. To disclose relevant information to Federal and non-Federal 
agencies (i.e., State or local governments), and private sector 
organizations, boards, bureaus, or commissions (e.g., the Joint 
Commission on Accreditation of Healthcare Organizations) when such 
disclosures are required to obtain accreditation or other approval 
ratings.
    16. To disclose information to the Office of Management and Budget 
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.
    17. To provide information to a congressional office from the 
records of an individual in response to an inquiry from the 
congressional office made at the request of the individual.
    18. VA may, on its own initiative, disclose information to another 
Federal agency, court, or party in litigation before a court or other 
administrative proceeding conducted by a Federal agency, if VA is a 
party to the proceeding and VA needs to disclose such information to 
protect its interests.
    19. To disclose information to the National Archives and Records 
Administration (NARA) for records management inspections conducted 
under authority of 44 U.S.C. 2904 and 2906.
    20. To disclose to persons engaged in research and survey projects 
information necessary to locate individuals for personnel research or 
survey response, and to produce summary descriptive statistics and 
analytical studies in support of the function for which the records are 
collected and maintained, or for related workforce studies. While 
published statistics and studies do not contain individual identifiers, 
in some instances, the selection of elements of data included in the 
study may be structured in such a way as to make the data individually 
identifiable by inference.
    21. To provide an official of another Federal agency information 
needed in the performance of official duties related to reconciling or 
reconstructing data files in support of the functions for which the 
records were collected and maintained.
    22. When an individual to whom records pertain is mentally 
incompetent or under other legal disability, information in the 
individual's records may be disclosed to any person or entity 
responsible for managing the individual finances to the extent 
necessary to ensure payment of benefits to which the individual is 
entitled.
    23. To disclose to the Department of Defense specific civil service 
employment information required under law on individuals identified as 
members of the Ready Reserve, to ensure continuous mobilization 
readiness of Ready Reserve units and members, and to identify 
characteristics of civil service retirees for national mobilization 
purposes.
    24. To disclose information to officials of the Department of 
Defense, National Oceanic and Atmospheric Administration, U.S. Public 
Health Service, and the U.S. Coast Guard

[[Page 45136]]

needed to effect any adjustments in retired or retainer pay required by 
the dual compensation provisions of 5 U.S.C. 5532.
    25. To disclose information to officials of the Merit Systems 
Protection Board, or 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.
    26. To disclose information to the Equal Employment Opportunity 
Commission when requested in connection with investigations of alleged 
or possible discriminatory practices, examination of Federal 
affirmative employment programs, or for other functions of the 
Commission as authorized by law or regulation.
    27. To disclose to the Federal Labor Relations Authority (including 
its General Counsel) information related to the establishment of 
jurisdiction, the investigation and resolution of allegations of unfair 
labor practices, or information in connection with the resolution of 
exceptions to arbitration awards when a question of material fact is 
raised; to disclose information in matters properly before the Federal 
Services Impasses Panel, and to investigate representation petitions 
and conduct or supervise representation elections.
    28. To disclose to prospective non-Federal employers, the following 
information about a specifically identified current or former employee: 
Tenure of employment; civil service status; length of service in VA and 
the Government; and when separated, the date and nature of action as 
shown on the Notification of Personnel Action-Standard Form 50 (or 
authorized exception).
    29. Records from this system of records may be disclosed to a 
Federal, State, or local government agency or licensing board and/or to 
the Federation of State Medical Boards or a similar non-government 
entity. These entities maintain records concerning an individual's 
employment or practice histories or concerning the issuance, retention 
or revocation of licenses or registration necessary to practice an 
occupation, profession or specialty. Disclosures may be made for the 
Agency to obtain information determined relevant to an Agency's 
decision concerning the hiring, retention, or termination of an 
employee. Disclosures may also be made to inform licensing boards or 
the appropriate 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 practice as to 
raise reasonable concern for the health and safety of patients.
    30. To disclose relevant information to the Department of Justice 
and United States Attorneys in defense or prosecution of litigation 
involving the United States and to Federal agencies upon their request 
in connection with review of administrative tort claims filed under the 
Federal Tort Claims Act, 28 U.S.C. 2672.
    31. To disclose hiring, performance, or other personnel-related 
information to any facility with which there is, or there is proposed 
to be, an affiliation, sharing agreement, contract, or similar 
arrangement, for purposes of establishing, maintaining, or expanding 
any such relationship.
    32. Identifying information in this system, including name, 
address, Social Security number, and other information as is reasonably 
necessary to identify such individual, may be disclosed to the National 
Practitioner Data Bank at the time of hiring and/or clinical 
privileging/reprivileging 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/
reprivileging, retention, or termination of the applicant or employee.
    33. Relevant information from this system of records may be 
disclosed to the National Practitioner Data Bank or to a State or local 
government licensing board which maintains records concerning the 
issuance, retention, or revocation of licenses, certifications, or 
registrations necessary to practice an occupation, profession or 
specialty when under the following circumstances, through peer review 
process that is undertaken pursuant to VA policy, negligence, 
professional incompetence, responsibility for improper care, and/or 
professional misconduct has been assigned to a physician or licensed or 
certified health care practitioner: (1) On any payment in settlement 
(or partial settlement of, or in satisfaction of a judgement) in a 
medical malpractice action or claim; or, (2) on any final decision that 
adversely affects the clinical privileges of a physician or 
practitioner for a period of more than 30 days.
    34. Relevant information from this system of records concerning the 
departure of a former VA employee, who is subject to garnishment 
pursuant to a legal process as defined in 5 U.S.C. 5520a, as well as 
the name and address of the designated agent for the new employing 
agency or the name and address of any new private employer, may be 
disclosed to the garnishing party (garnisher). Information from this 
system of records may be disclosed in response to legal processes, 
including interrogatories, served on the agency in connection with 
garnishment proceedings against current or former VA employees under 5 
U.S.C. 5520a.
    35. To disclose information to contractors, subcontractors, 
grantees, or others performing or working on a contract, grant or 
cooperative agreement for the Federal government, provided disclosure 
is in the interest of the Government and the information to be 
disclosed is relevant and necessary for accomplishing the intended uses 
of the information and necessary to perform services under the 
contract, grant or cooperative agreement.
    36. To disclose to a spouse or dependent child (or court-appointed 
guardian thereof) of a VA employee enrolled in the Federal Employees 
Health Benefits Program, upon request, whether the employee has changed 
from a self-and-family to a self-only health benefits enrollment.
    37. To disclose to the Federal Retirement Thrift Investment Board 
information concerning an employee's election to participate in the 
Thrift Savings Plan, the employee's ineligibility to make contributions 
to the Thrift Savings Plan because a financial hardship in-service 
withdrawal has been issued, or information from a transcript of thrift 
savings plan changes that has been approved by the Federal Retirement 
Thrift Investment Board.
    38. Information from this system of records will be disclosed to 
the Healthcare Integrity and Protection Data Base as required by 
section 1122E of the Social Security Act (as added by Sec. 221(a) of 
Pub. L. 104-191) and the associated implementing regulations issued by 
the Department of Health and Human Services, 45 CFR Part 61. For 
example, VA is required to report adjudicated adverse personnel actions 
based on acts or omissions that either affected or could have affected 
the delivery of health care services.

Policies and Practices for Storing, Retrieving, Accessing, Retaining 
and Disposing of Records in the System
Storage:
    These records may be maintained in file folders, on lists and 
forms, on microfilm or microfiche, and in computer processable storage 
media.

[[Page 45137]]

Retrievability:
    These records may be retrieved using various combinations of name, 
birth date, Social Security number, or identification number of the 
individual on whom they are maintained.

Safeguards:
    Access to areas where these records are maintained is restricted to 
VA employees, contractors, or subcontractors on a ``need to know'' 
basis; strict control measures are enforced to ensure that disclosure 
to these individuals is also based on this same principle. File areas 
are locked after normal duty hours and are protected from outside 
access by the Federal Protective Service or other types of alarm 
systems.
    Access to the VA Austin Automation Center and VA Shared Service 
Center are restricted to authorized VA employees and authorized 
representatives of vendors. Access to computer rooms within these 
facilities is further restricted to especially authorized VA personnel 
and vendor personnel.
    Access to computerized records is limited through the use of access 
codes and entry logs. Additional protection is provided by electronic 
locking devices, alarm systems, and guard services.
    Electronic data is made available to VA field facilities via VA's 
Intranet. Strict control measures are enforced to ensure that 
disclosure is limited to the individual on whom the record is being 
maintained or on a ``need to know'' basis. Security devices (e.g. 
passwords, firewalls) are used to control access by VA users to 
Internet services, and to shield VA networks and systems from outside 
the firewall.

Retention and Disposal:
    The Merged Personnel Records Folder (MPRF) is maintained for the 
period of the employee's service in VA and is then transferred to the 
National Personnel Records Center (NPRC) for storage, or, as 
appropriate, to the next employing Federal agency. Other records are 
either retained at VA for various lengths of time in accordance with 
the National Archives and Records Administration records schedules or 
destroyed when they have served their purpose or the employee leaves 
VA.
    a. VA maintains the MPRF as long as VA employs the individual. 
Within 90 days after the individual separates from VA's employment, the 
MPRF is sent to the NPRC for long-term storage. The MPRF of a retired 
employee or an employee who dies in service is sent to the Records 
Center within 120 days of the retirement or death.
    b. Records in this system must be maintained and disposed of in 
accordance with General Records Schedule 1, and VA Records Control 
Schedule 10-1, the Office of Personnel Management Guide to Federal 
Recordkeeping, and the Memorandum of Understanding concerning this 
subject between VA, the Office of Personnel Management, and the 
National Archives and Records Administration.

System Manager(s) and Address:
    Deputy Assistant Secretary for Human Resources Management (05), 
Department of Veterans Affairs, 810 Vermont Avenue, NW, Washington, DC 
20420.

Notification Procedure:
    Individuals wishing to inquire whether this system of records 
contains information about them should contact the appropriate office 
as follows:
    a. Federal employees should contact the responsible official (as 
designated by their agency) regarding records in this system.
    b. Former Federal employees should contact the National Personnel 
Records Center (Civilian), 111 Winnebago Street, St. Louis, Missouri 
63118, regarding the records in this system. Individuals must furnish 
the following information so their records can be located and 
identified: full name(s), date of birth, Social Security number, last 
employing agency (including duty station, when applicable), and 
approximate dates of employment. All requests must be signed.

Record Access Procedures:
    (See Notification Procedure.)

Contesting Record Procedures:
    Current and former VA employees wishing to request amendment of 
their records should contact the Director, Department of Veterans 
Affairs Shared Service Center (00), 3401 SW 21st Street, Topeka, Kansas 
66604. Individuals must furnish the following information for their 
records to be located and identified: Full name(s), date of birth, 
Social Security number, and signature. To facilitate identification of 
records, former employees must also provide the name of their last 
Department of Veterans Affairs facility and approximate dates of 
employment.

Record Source Categories:
    Information in this system of records is provided by the individual 
employee, examining physicians, educational institutions, VA officials, 
and other individuals or entities; e.g., job references and supporting 
statements; testimony of witnesses; and correspondence from 
organizations or persons, e.g., licensing boards.

[FR Doc. 00-18287 Filed 7-19-00; 8:45 am]
BILLING CODE 8320-01-P