[Federal Register Volume 74, Number 88 (Friday, May 8, 2009)]
[Notices]
[Pages 21746-21748]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E9-10712]


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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.

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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 ``National Chaplain 
Management Information System (NCMIS)-VA'' (84VA111K) as set forth in 
the Federal Register 59 FR 13765 and last amended in the Federal 
Register on March 23, 1994. 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 
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 
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: 
    Chaplain Service of the Veterans Health Administration, Department 
of Veterans Affairs, has developed a data base to maintain information 
that will be used as part of a comprehensive program to evaluate 
applicants for employment as chaplains, and to plan the Spiritual and 
Pastoral Care Program. The information will be used to facilitate 
personnel succession planning. It will also support the documentation 
and tracking of credentialing and privileging for all chaplains 
providing patient care in the system.
    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 13 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 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.

    Approved: April 21, 2009.
John R. Gingrich,
Chief of Staff, Department of Veterans Affairs.
84VA111K

SYSTEM NAME:
    ``National Chaplain Management Information System (NCMIS)-VA.''

SYSTEM LOCATION:
    The data base will reside on its own micro-computers at the 
National VA Chaplain Center (301/111K) at the Department of Veterans 
Affairs (VA) Medical Center (VAMC) located at 100 Emancipation Road, 
Hampton, Virginia 23667.

CATEGORIES OF INDIVIDUALS COVERED BY THE SYSTEM:
    The personal data collected will be limited to VA Chaplains, other 
VA

[[Page 21747]]

Chaplain Service staff, applicants for VA chaplain positions (VA 
employees and individuals seeking VA employment), and selected 
providers of services to the VA chaplaincy.

Categories of records in the system:
    1. The following data will be collected on individuals who are VA 
chaplains or chaplain candidates: Name, date of birth, Social Security 
Number, educational data (e.g., college degrees), membership in 
religious bodies and related religious experience, employment history 
relevant to the chaplaincy, name, location and dates of significant 
professional events (e.g., ordination), continuing education data 
(e.g., name, location and type of continuing education course), 
psychological and related survey data relevant to personal and 
professional development activities in support of chaplain development 
and research in the Chaplain Service (e.g., Myers-Briggs, 16PF Survey, 
leadership style surveys, etc.), data to verify and validate the 
effectiveness of affirmative action programs, work-related performance 
data, and performance data appropriate for national aggregation and 
management applications (e.g., bedside visits, number of chapel 
services, office visits, etc.), and 2. The following additional data 
may be maintained for resource providers who have or may assist in the 
work of the chaplaincy; names of consultants or providers, their 
organization, type of services provided, effectiveness and performance 
on contracts, special characteristics related to nature of their 
service (e.g., techniques or manner of teaching bereavement counseling, 
resources used, etc.), and nature of correspondence and related 
administrative matters.

AUTHORITY FOR MAINTENANCE OF THE SYSTEM:
    Title 38, United States Code, Sec. 7304(a).

PURPOSE(S):
    The information will be used as part of a comprehensive program in 
Total Quality Improvement (TQI) in order to facilitate: (1) More 
meaningful and effective management of the functions and performance of 
Chaplain Services, (2) staff development to enhance and improve the 
work related activities of chaplains nationally, (3) the personal 
growth and spiritual development of all chaplains over and above 
improving the performance of their duties, (4) the documentation and 
tracking of credentialing and privileging for all chaplains providing 
patient care in the system, and (5) personnel related decisions.

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. A record from this system of records may be disclosed to any 
source from which additional information is requested (to the extent 
necessary to identify the individual, inform the source of purpose(s) 
of the request, and to identify the type of information requested), 
when necessary to obtain information relevant to a Department decision 
concerning the hiring or retention of any employee, the issuance or 
reappraisal of clinical privileges, 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.
    2. A record from this system of records may be disclosed to an 
agency in executive, legislative, or judicial branch, in response to 
its request, or at the initiation of VA, information in connection with 
the hiring of an employee, the issuance of 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 
benefits by the requesting agency, to the extent that the information 
is relevant and necessary to the requesting agency's decision.
    3. Disclosure may be made to a congressional office from the record 
of an individual in response to an inquiry from the congressional 
office made at the request of that individual.
    4. Disclosure may be made to National Archives and Records 
Administration (NARA) and the General Services Administration (GSA) in 
records management inspections conducted under authority of 44 U.S.C. 
2904 and 2906.
    5. VA may 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.
    6. Hiring, performance, or other personnel related information may 
be disclosed 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.
    7. Information may be disclosed 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 of 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. Information may be disclosed 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. Information may be disclosed 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 21748]]

    11. Information may be disclosed to the Federal Labor Relations 
Authority (including its General Counsel) when requested in connection 
with 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 and 
matters before the Federal Service Impasses Panel.
    12. 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.
    13. 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.
    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.

POLICIES AND PRACTICES FOR STORING, RETRIEVING, ACCESSING, RETAINING, 
AND DISPOSING OF RECORDS IN THE SYSTEM:
STORAGE:
    Records are maintained on micro-computers.

RETRIEVABILITY:
    Records are retrieved by the names. Social Security Numbers, or 
other assigned identifiers of the individuals on whom they are 
maintained.

SAFEGUARDS:
    1. Access to VA working and storage areas is restricted to VA 
employees 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. Generally, VA file areas are locked after 
normal duty hours and the facilities are protected from outside access 
by the Federal Protective Service or other security personnel.
    2. All chaplains and other VA employees who enter or use data in 
the data base will do so by direct access into the system, or by means 
of the national VA communications network (VADATS/IDCU). All users must 
have access and verify codes maintained by the National Chaplain 
Center. All staff access to the system data will be restricted to only 
that data required on a ``need-to-know'' basis consistent with the 
routine performance of their duties. Access to individual work stations 
will be protected under security protocols established at the user's 
facility. Computers will be maintained in the locked environment in the 
main computer room of the VA Medical Center, Hampton, Virginia.

RETENTION AND DISPOSAL:
    Paper records and information stored on electronic storage media 
are maintained and disposed of in accordance with records disposition 
authority approved by the Archivist of the United States.

SYSTEM MANAGER(S) AND ADDRESS:
    Director, Chaplain Service (301/111K), National VA Chaplain Center, 
VA Medical Center, 100 Emancipation Road, Hampton, Virginia 23667.

NOTIFICATION PROCEDURE:
    Individuals who wish to determine whether this system of records 
contains information about them should write to the System Manager at 
the above address. Inquiries should include the individual's name, 
address, and social security number.

RECORD ACCESS PROCEDURE:
    Individuals seeking information regarding access to and contesting 
of records in this system may write, call or visit the System Manager 
at the above address.

CONTESTING RECORD PROCEDURES:
    (See Record Access Procedures above.)

RECORD SOURCE CATEGORIES:
    Information in this system of records is provided by the applicant/
employee, or obtained from current or previous employers, references, 
educational institutions, religious bodies and/or their representatives 
and VA staff.

[FR Doc. E9-10712 Filed 5-7-09; 8:45 am]
BILLING CODE 8320-01-P