[Federal Register Volume 67, Number 202 (Friday, October 18, 2002)]
[Notices]
[Pages 64449-64452]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 02-26487]


=======================================================================
-----------------------------------------------------------------------

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.

-----------------------------------------------------------------------

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 ``Education Debt Reduction Program-VA'' (115VA10).

DATES: Comments on the establishment of this system of records must be 
received no later than November 18, 2002. If no public comment is 
received, the new system will become effective November 18, 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 e-mail 
comments to ``[email protected]''. All relevant material 
received before November 18, 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 Education Debt Reduction Program (EDRP) allows VA to provide 
education debt reduction payments to employees with qualifying loans 
who occupy certain health care positions for which recruitment and 
retention of qualified personnel is difficult. The specific health care 
professions that are covered by the EDRP include: physician, dentist, 
podiatrist, licensed 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 health care 
staff.
    The Education Debt Reduction Program--VA (115VA10) system of 
records contains personal identification information related to the 
application material, to education loan verification documentation, to 
award processes, to employment status, and to service periods covered 
by an award such as name, address, social security number, employing 
facility name, job title, grade, education level, education debt 
reduction payment amounts, service periods covered by education debt 
reduction payments, name and address of the lending institution, 
original loan amount, current loan amount, and loan payment amount. It 
also contains individual information about applicants who have been 
denied awards and award recipients who have been terminated from 
program participation. Additionally, it may contain information about 
why an applicant declined to accept an award. Since applicants 
typically are denied awards 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. 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 educational 
assistance program. It is used to determine and document an individual 
applicant's initial eligibility for education debt reduction awards; 
calculate the payment amounts and related service periods for award 
recipients; ensure that award amounts are consistent with applicable 
law, regulations and policy; monitor the amount of principal and 
interest that a participant paid to reduce the balance on a qualifying 
loan during each service period covered by the award; monitor the 
employment status of award recipients during their service periods; and 
evaluate and report program results and effectiveness. Any information 
in this system may be used by local VA supervisory officials and 
program coordinators to ensure that it is accurate and that award 
recipients are in compliance with the terms for participating in the 
program. Data about individual program participants may change (e.g., 
changes in employment status), and that could impact certain terms of 
their awards such as the amounts of the education debt reduction 
payments and/or the beginning and ending dates of their service 
periods. Data changes may also impact assessments of the effectiveness 
of the educational assistance program. Accordingly, local supervisory 
officials and program coordinators must periodically review individual 
data in the system of records to ensure its accuracy. There are no 
debts to recover since each award payment is made at the conclusion of 
a service period. An individual who leaves before completing a service 
period is eligible to receive a pro-rata share of the payment for an 
entire service period based on the amount of time actually served in 
paid status during the service period.

II. Proposed Routine Use Disclosures of Data in the System

    We are proposing to establish the following routine use disclosures 
of

[[Page 64450]]

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 lending institutions and other relevant organizations or 
individuals.
    VA may need to disclose applicant information in order to verify 
that candidates for EDRP awards meet applicable program requirements. 
Employees must meet certain requirements to be eligible to participate 
in the Education Debt Reduction Program. For example, the applicants 
must be recently appointed employees serving in one of the authorized 
positions for which recruitment and retention is difficult. Further, 
they must owe any amount of principal or interest under a loan, the 
proceeds of which were used by or on behalf of that individual to pay 
costs relating to a course of education or training which led to a 
degree that qualified the individual for a position listed above.
    [sbull] Any information in the system may be disclosed 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 EDRP.
    Since participation in the EDRP is limited to recently appointed VA 
employees, it is necessary to ensure that applicants for EDRP awards 
who have transferred to VA from other Federal agencies do not have 
obligations that would conflict with the terms and conditions of the 
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 debt reduction program is to assist in meeting 
the staffing needs of VHA for health professionals in occupations for 
which recruitment or retention of qualified personnel is difficult. 
Congress must have access to information from the system to assess how 
effectively the program accomplishes its purpose and to support 
decisions to continue, 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] 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 a purpose that is compatible with the 
purpose for which VA 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 3, 2002.
Anthony J. Principi,
Secretary of Veterans Affairs.
115VA10

System Name:
    Education Debt Reduction Program-VA.

System Location:
    Records will be maintained at the Health Care Staff Development and 
Retention Office (HCSDRO/10A2D), Veterans Health Administration, 
Department of Veterans Affairs (VA), 1555 Poydras Street, Suite 1971, 
New Orleans, Louisiana 70112; the Austin Automation Center, 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 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 granted or denied educational 
assistance awards under the provisions of the VA Education Debt 
Reduction Program

[[Page 64451]]

(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.

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 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.

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 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. 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.
    5. Disclosure may be made to the National Archives and Record 
Administration (NARA) in records management inspections conducted under 
authority of Title 44 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 vested in the 
Commission by the President's Reorganization Plan No. 1 of 1978.

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 health care facilities and the Austin Automation Center 
(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

[[Page 64452]]

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. 02-26487 Filed 10-17-02; 8:45 am]
BILLING CODE 8320-01-P