[Federal Register Volume 74, Number 87 (Thursday, May 7, 2009)]
[Notices]
[Pages 21432-21435]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E9-10626]


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

DEPARTMENT OF VETERANS AFFAIRS


Privacy Act of 1974; System of Records

AGENCY: Department of Veterans Affairs (VA).

ACTION: Notice of amendment to system of records.

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

SUMMARY: As required by the Privacy Act of 1974, 5 U.S.C. 552a(e), 
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) as set forth in the Federal Register 
67 FR 64449. VA is amending the system of records by revising the 
Routine Uses of Records Maintained in the System Including Categories 
of Users and the Purpose of Such Uses. VA is republishing the system 
notice in its entirety.

DATES: Comments on the amendment of this system of records must be 
received no later than June 8, 2009. If no public comment is received, 
the amended system will become effective June 8, 2009.

ADDRESSES: Written comments may be submitted through http://www.Regulations.gov; by mail or hand-delivery to Director, Regulations 
Management (02REG), Department of Veterans Affairs, 810 Vermont Avenue, 
NW., Room 1068, Washington, DC 20420; or by fax to (202) 273-9026. 
Comments received will be available for public inspection in the Office 
of Regulation Policy and Management, Room 1063B, between the hours of 8 
a.m. and 4:30 p.m., Monday through Friday (except holidays). Please 
call (202) 461-4902 (this is not a toll-free number) for an 
appointment. In addition, during the comment period, comments may be 
viewed online through the Federal Docket Management System (FDMS) at 
http://www.Regulations.gov.

FOR FURTHER INFORMATION CONTACT: Veterans Health Administration (VHA) 
Privacy Officer, Department of Veterans Affairs, 810 Vermont Avenue, 
NW., Washington, DC 20420; telephone (704) 245-2492.

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

[[Page 21433]]

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. Compatibility of the Proposed Routine Uses

    The Report of Intent to Amend a System on 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 5 U.S.C. 552a(r) (Privacy 
Act) and guidelines issued by OMB (65 FR 77677), December 12, 2000.
    Routine use 11 was added for the VA to disclose information from 
this system of records to the Department of Justice (DoJ), either on 
VA's initiative 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 a use of the information contained 
in the records that is compatible with the purpose for which VA 
collected the records. VA, on its own initiative, 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.
    Routine Use 12 was added to disclose relevant information that may 
be made to individuals, organizations, private or public agencies, or 
other entities with whom VA has a contract or agreement or where there 
is a subcontract to perform such service 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.
    Routine Use 13 was added for the VA to disclose on its own 
initiative any information in the system, except the names and home 
addresses of veterans and their dependents, that is relevant to a 
suspected or reasonably imminent violation of the 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 on its own initiative 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, or order issued pursuant thereto.
    Routine use 14 was added to disclose information to other Federal 
agencies that may be made to assist such agencies in preventing and 
detecting possible fraud or abuse by individuals in their operations 
and programs.
    Routine use 15 was added so that the VA may, on its own initiative, 
disclose any information or records to appropriate agencies, entities, 
and persons when (1) VA suspects or has confirmed that the integrity or 
confidentiality of information in the system of records has been 
compromised; (2) the Department has determined that as a result of the 
suspected or confirmed compromise, there is a risk of embarrassment or 
harm to the reputations of the record subjects, harm to economic or 
property interests, identity theft or fraud, or harm to the security, 
confidentiality, or integrity of this system or other systems or 
programs (whether maintained by the Department or another agency or 
entity) that rely upon the potentially compromised information; and (3) 
the disclosure is to agencies, entities, or persons whom VA determines 
are reasonably necessary to assist or carry out the Department's 
efforts to respond to the suspected or confirmed compromise and 
prevent, minimize, or remedy such harm. This routine use permits 
disclosures by the Department to respond to a suspected or confirmed 
data breach, including the conduct of any risk analysis or provision of 
credit protection services as provided in 38 U.S.C. 5724, as the terms 
are defined in 38 U.S.C. 5727.


[[Page 21434]]


    Approved: April 21, 2009.
John R. Gingrich,
Chief of Staff, Department 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 (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:
    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. 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) and the General Services Administration (GSA) 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 of the Commission 
as authorized by law or regulation.
    11. VA may disclose information from this system of records to the 
Department of Justice (DoJ), either on VA's initiative

[[Page 21435]]

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 a use of the information contained in the 
records that is compatible with the purpose for which VA collected the 
records. VA, on its own initiative, 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.
    12. Disclosure of relevant information may be made to individuals, 
organizations, private or public agencies, or other entities with whom 
VA has a contract or agreement or where there is a subcontract 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 on its own initiative any information in the 
system, except the names and home addresses of veterans and their 
dependents, that is relevant to a suspected or reasonably imminent 
violation of the 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 on its own initiative 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, 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, on its own initiative, disclose any information or 
records to appropriate agencies, entities, and persons when (1) VA 
suspects or has confirmed that the integrity or confidentiality of 
information in the system of records has been compromised; (2) the 
Department has determined that as a result of the suspected or 
confirmed compromise, there is a risk of embarrassment or harm to the 
reputations of the record subjects, harm to economic or property 
interests, identity theft or fraud, or harm to the security, 
confidentiality, or integrity of this system or other systems or 
programs (whether maintained by the Department or another agency or 
entity) that rely upon the potentially compromised information; and (3) 
the disclosure is to agencies, entities, or persons whom VA determines 
are reasonably necessary to assist or carry out the Department's 
efforts to respond to the suspected or confirmed compromise and 
prevent, minimize, or remedy such harm. This routine use permits 
disclosures by the Department to respond to a suspected or confirmed 
data breach, including the conduct of any risk analysis or provision of 
credit protection services as provided in 38 U.S.C. 5724, as the terms 
are defined in 38 U.S.C. 5727.

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 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 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 procedure:
    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 Record 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. E9-10626 Filed 5-6-09; 8:45 am]
BILLING CODE P