[Federal Register Volume 88, Number 112 (Monday, June 12, 2023)]
[Notices]
[Pages 38131-38134]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-12402]
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DEPARTMENT OF VETERANS AFFAIRS
Privacy Act of 1974; System of Records
AGENCY: Department of Veterans Affairs (VA), Veterans Health
Administration (VHA).
ACTION: Notice of a modified system of records.
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SUMMARY: Pursuant to the Privacy Act of 1974, notice is hereby given
that the VA is modifying the system of records entitled ``Health
Professional Scholarship Program, and Visual Impairment and Orientation
and Mobility Professional Scholarship Program-VA'' (73VA10A2A) as set
forth in the Federal Register. This system is used to determine and
document individual applicant eligibility for scholarship awards,
selecting applicants to receive awards, calculating service commitments
for program participants, ensuring program financial accountability,
monitoring educational progress of participants, monitoring the
employment status of scholarship participants during periods of
obligated service, terminating employees from the program (upon
completion or breach), and evaluating and reporting program results and
effectiveness.
DATES: Comments on this modified system of records must be received no
later than 30 days after date of publication in the Federal Register.
If no public comment is received during the period allowed for comment
or unless otherwise published in the Federal Register by VA, the
modified system of records will become effective a minimum of 30 days
after date of publication in the Federal Register. If VA receives
public comments, VA shall review the comments to determine whether any
changes to the notice are necessary.
ADDRESSES: Comments may be submitted through www.Regulations.gov or
mailed to VA Privacy Service, 810 Vermont Avenue NW, (005X6F),
Washington, DC 20420. Comments should indicate that they are submitted
in response to ``Health Professional Scholarship Program, and Visual
Impairment and Orientation and Mobility Professional Scholarship
Program-VA'' (73VA10A2A). Comments received will be available at
regulations.gov for public viewing, inspection or copies.
FOR FURTHER INFORMATION CONTACT: Stephania Griffin, VHA Chief Privacy
Officer, Department of Veterans Affairs, 810 Vermont Avenue NW,
Washington, DC 20420; [email protected], telephone number 704-
245-2492 (Note: this is not a toll-free number).
SUPPLEMENTARY INFORMATION: VA is modifying the system by revising the
System Number; System Location; System Manager; Routine Uses of Records
Maintained in the System; Policies and Practices for Storage of
Records; Policies and Practices for Retention and Disposal of Records;
Administrative, Technical and Physical Safeguards; Notification
Procedure; and Record Access Procedure. VA is republishing the system
notice in its entirety.
The System Number will be changed from 73VA10A2A to 73VA10 to
reflect the current VHA organizational routing symbol.
The System Location is being updated to remove, ``Active records
will be maintained at Healthcare Talent Management (HTM), Scholarships
and Nursing Education Office, Veterans Health Administration,
Department of Veterans Affairs, 1250 Poydras Street, Suite #1000, New
Orleans, LA 70113. Complete records will be maintained only at this
address.'' This section will include, ``Active records are located in a
Federal Risk and Authorization Management Program (FEDRAMP) approved
Amazon Web Server (AWS) Cloud based system. There are no paper records
for Health Professional Scholarship Program (HPSP) being maintained.
The Uniform Resource Locator where records are maintained is https://va-ams.intelliworxit.com/ (A login is required to retrieve any
information.)''
The System Manager is being updated to remove ``Director,
Healthcare Talent Management (10A2A8), 1250 Poydras Street, Suite
#1000, New Orleans, Louisiana 70113''. This section will include,
``Executive Director, Workforce Solutions, Veterans Health
Administration, Department of Veterans Affairs, 55 North Robinson Ave.,
Suite 110, Oklahoma City, OK 73102. Telephone number is 405-921-4226
(this is not a toll-free number).''
The following routine use is added and will be routine use #18,
``Data Breach Response and Remediation, For Another Agency: To another
Federal agency or Federal entity, when VA determines that information
from this system of records is reasonably necessary to assist the
recipient agency or entity in (1) responding to a suspected or
confirmed breach, or (2) preventing, minimizing, or remedying the risk
of harm to individuals, the recipient agency or entity (including its
information systems, programs, and operations), the Federal Government,
or national security, resulting from a suspected or confirmed breach.''
Policies and Practices for Storage of Records is being updated to
remove ``secure local area network (LAN) located within HTM office
spaces and safeguarded.'' This section will change to ``secure AWS
cloud-based network.''
Policies and Practices for Retention and Disposal of Records is
being updated to remove the following: ``Records will be maintained and
disposed of in accordance with records disposition authority approved
by the Archivist of the United States.'' This section is updated to
state, ``Records in this system are retained and disposed of in
accordance with the schedule approved by the Archivist of the United
States, VHA Records Control Schedule 10-1, 3200.1.''
[[Page 38132]]
Administrative, Technical and Physical Safeguards are being updated
to include, ``HPSP is hosted in AWS Government Cloud (GovCloud)
infrastructure as a service cloud computing environment that has been
authorized at the high-impact level under the FedRAMP. The secure site-
to-site encrypted network connection is limited to access via the VA
trusted internet connection.''
Notification Procedure and Record Access Procedure are being
updated to remove the following: ``Talent Management (10A2A8), 1250
Poydras Street, Suite #1000, New Orleans, Louisiana 70113.'' In the new
System of Reports Notice, no address will be included in these
sections. Rather, the reader will be referred to the system manager.
The Report of Intent to Modify a System of 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.
Signing Authority
The Senior Agency Official for Privacy, or designee, approved this
document and authorized the undersigned to sign and submit the document
to the Office of the Federal Register for publication electronically as
an official document of the Department of Veterans Affairs. Kurt D.
DelBene, Assistant Secretary for Information and Technology and Chief
Information Officer, approved this document on May 1, 2023 for
publication.
Dated: June 6, 2023.
Amy L. Rose,
Program Analyst, VA Privacy Service, Office of Information Security,
Office of Information and Technology, Department of Veterans Affairs.
SYSTEM NAME AND NUMBER:
``Health Professional Scholarship Program, and Visual Impairment
and Orientation and Mobility Professional Scholarship Program-VA''
(73VA10)
SECURITY CLASSIFICATION:
Unclassified.
SYSTEM LOCATION:
Active records are located in a Federal Risk and Authorization
Management Program (FEDRAMP) approved Amazon Web Server (AWS) Cloud
based system. There are no paper records for Health Professional
Scholarship Program (HPSP) being maintained. The Uniform Resource
Locator where records are maintained is https://va-ams.intelliworxit.com/. (A login is required to retrieve any
information.)
SYSTEM MANAGER(S):
Official responsible for policies and procedures: Executive
Director, Workforce Solutions, Veterans Health Administration,
Department of Veterans Affairs, 55 North Robinson Ave., Suite 110,
Oklahoma City, OK 73102. Telephone number is 405-921-4226 (this is not
a toll-free number).
AUTHORITY FOR MAINTENANCE OF THE SYSTEM:
38 U.S.C. 7611-7619, 7635-7636
PURPOSE(S) OF THE SYSTEM:
The purpose of these records is to support HPSP and Visual
Impairment and Orientation and Mobility Professional Scholarship
Program (VIOMPSP). The HPSP was established by Public Law 96-330 and
awarded scholarships to 3,330 students between 1982 through 1995
earning baccalaureate and master's degrees in nursing and other health
care professions. Public Law 111-163, signed on May 5, 2010,
reauthorized the HPSP through December 31, 2014, and established the
VIOMPSP. The records and information may be used for determining and
documenting individual applicant eligibility for scholarship awards,
selecting applicants to receive awards, calculating the service
commitments for program participants, ensuring program financial
accountability, monitoring educational progress of participants,
monitoring the employment status of scholarship participants during
their periods of obligated service, terminating the employee from the
program (upon completion or breach) and evaluating and reporting
program results and effectiveness. The information would also be used
to determine the financial liability of participants who breach their
HPSP or VIOMPSP agreement.
CATEGORIES OF INDIVIDUALS COVERED BY THE SYSTEM:
The records include information regarding individuals who apply
for, and are awarded, scholarships under the provisions of the VHA HPSP
in a field leading to an appointment under paragraph (1) or (3) 38
U.S.C. 7401, and individuals who apply for, and are awarded,
scholarships under the provisions of the VHA VIOMPSP in a program of
study leading to an appointment as a qualified blind rehabilitation
specialist.
CATEGORIES OF RECORDS IN THE SYSTEM:
The records (or information contained in records) may include
personal identification information related to the application
material, to award processes, to employment, to obligated service, and
to requests for waivers or suspensions of obligated service or
financial indebtedness to the VA. The application for an HPSP or
VIOMPSP award includes the applicant's full name, mailing and email
addresses, employing facility number (if applicable), home and work
telephone numbers, Social Security number, an alternative person of
contact, job title, current education level, degree sought, description
of the academic program covered by the scholarship, name and address of
the academic institution, the starting and completion dates of the
employee's academic program, awards and activities. Records may include
memoranda submitted by the employees, calculations for the service
obligations, copies of letters and memoranda from employees making the
requests and also correspondence to employees and appropriate local
program officials delineating the decisions on such requests. Records
for applicants selected will also include the award amount, the name of
the participant's financial institution, account number and routing
number, the obligated service incurred, and the location, start, and
end dates of the service obligation period.
RECORD SOURCE CATEGORIES:
Record sources, include information contained in the records, is
obtained from the individual, references given in application material,
educational institutions, VA medical facilities, other Federal
agencies, state agencies, and consumer reporting agencies.
ROUTINE USES OF RECORDS MAINTAINED IN THE SYSTEM, INCLUDING CATEGORIES
OF USERS AND THE PURPOSES OF SUCH USES:
1. Congress: To a Member of Congress or staff acting upon the
Member's behalf when the Member or staff requests the information on
behalf of, and at the request of, the individual who is the subject of
the record.
2. Governmental Agencies, for VA Hiring, Security Clearance,
Contract, License, Grant: To a Federal, state, local, or other
governmental agency maintaining civil or criminal violation records, or
other pertinent information such as employment history, background
investigations, or personal or educational background, to obtain
information relevant to VA's hiring, transfer, or retention of an
employee, issuance of a security clearance, letting
[[Page 38133]]
of a contract, or issuance of a license, grant, or other benefit. The
disclosure of the names and addresses of veterans and their dependents
from VA records under this routine use must also comply with the
provisions of 38 U.S.C. 5701.
3. State or Local Agencies, for Employment: To a state, local, or
other governmental agency, upon its official request, as relevant and
necessary to that agency's decision on the hiring, transfer, or
retention of an employee, the issuance of a security clearance, the
letting of a contract, or the issuance of a license, grant, or other
benefit by that agency. The disclosure of the names and addresses of
veterans and their dependents from VA records under this routine use
must also comply with the provisions of 38 U.S.C. 5701.
4. Federal Agencies, Verifying Obligations of Service: To Federal
agencies in order to determine if an applicant has an obligation for
service under another Federal program, thus rendering the applicant
ineligible for a VA scholarship.
5. Educational Institutions, Scholarship Program Administration: To
educational institutions in order to assist in the administration of
this program, provided that information disclosed is about individuals
eligible for scholarships.
6. Department of Treasury, for Award Payment Information: To the
Department of Treasury to permit delivery of scholarship-related checks
to students and to educational institutions.
7. Consumer Reporting Agencies: To a consumer reporting agency for
the purpose of locating the individual, obtaining a consumer report to
determine the ability of the individual to repay an indebtedness to the
United States, or assisting in the collection of such indebtedness,
provided that the provisions of 38 U.S.C. 5701(g)(2) and (4) have been
met, provided that the disclosure is limited to information that is
reasonably necessary to identify such individual or concerning that
individual's indebtedness to the United States by virtue of the
person's participation in a benefits program administered by the
Department.
8. Department of Justice (DOJ), Litigation, Administrative
Proceeding: To DoJ, or in a proceeding before a court, adjudicative
body, or other administrative body before which VA is authorized to
appear, when:
(a) VA or any component thereof;
(b) Any VA employee in their official capacity;
(c) Any VA employee in their individual capacity where DoJ has
agreed to represent the employee; or
(d) The United States, where VA determines that litigation is
likely to affect the agency or any of its components, is a party to
such proceedings or has an interest in such proceedings, and VA
determines that use of such records is relevant and necessary to the
proceedings.
9. Application Authenticity, References: To educational
institutions, previous employers or individuals providing references to
verify the authenticity of the application.
10. State Licensing Boards (SLB), for Licensing: To a Federal
agency, a state or local government licensing board, the Federation of
State Medical Boards, or a similar non-governmental entity that
maintains records concerning individuals' employment histories or
concerning the issuance, retention, or revocation of licenses,
certifications, or registration necessary to practice an occupation,
profession, or specialty, to inform such 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 medical practice as to raise reasonable concern for the
health and safety of patients in the private sector or from another
Federal agency. These records may also be disclosed as part of an
ongoing computer matching program to accomplish these purposes.
11. National Practitioner Data Bank (NPDB), for Hiring,
Privileging: To the NPDB at the time of hiring or clinical privileging/
re-privileging of healthcare 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/re-privileging,
retention or termination of the applicant or employee.
12. NPDB, SLB, for Medical Malpractice: To the NPDB or a state
licensing board in the state in which a practitioner is licensed, in
which the VA facility is located, or in which an act or omission
occurred upon which a medical malpractice claim was based when VA
reports information concerning: (1) any payment for the benefit of a
physician, dentist, or other licensed health care practitioner that was
made as the result of a settlement or judgment of a claim of medical
malpractice, if an appropriate determination is made in accordance with
Department policy that payment was related to substandard care,
professional incompetence, or professional misconduct on the part of
the individual; (2) a final decision that relates to possible
incompetence or improper professional conduct that adversely affects
the clinical privileges of a physician or dentist for a period longer
than 30 days, or; (3) the acceptance of the surrender of clinical
privileges or any restriction of such privileges by a physician or
dentist, either while under investigation by the health care entity
relating to possible incompetence or improper professional conduct, or
in return for not conducting such an investigation or proceeding. These
records may also be disclosed as part of a computer matching program to
accomplish these purposes.
13. National Archives and Records Administration (NARA): To NARA in
records management inspections conducted under 44 U.S.C. 2904 and 2906,
or other functions authorized by laws and policies governing NARA
operations and VA records management responsibilities.
14. Contractors: To contractors, grantees, experts, consultants,
students, and others performing or working on a contract, service,
grant, cooperative agreement, or other assignment for VA, when
reasonably necessary to accomplish an agency function related to the
records.
15. Law Enforcement: To a Federal, state, local, territorial,
tribal, or foreign law enforcement authority or other appropriate
entity charged with the responsibility of investigating or prosecuting
such violation or charged with enforcing or implementing such law,
provided that the disclosure is limited to information that, either
alone or in conjunction with other information, indicates a violation
or potential violation of law, whether civil, criminal, or regulatory
in nature. The disclosure of the names and addresses of Veterans and
their dependents from VA records under this routine use must also
comply with the provisions of 38 U.S.C. 5701.
16. Federal Agencies, Fraud and Abuse: To other Federal agencies to
assist such agencies in preventing and detecting possible fraud or
abuse by individuals in their operations and programs.
17. Data Breach Response and Remediation, for VA: To appropriate
agencies, entities, and persons when (1) VA suspects or has confirmed
that there has been a breach of the system of records; (2) VA has
determined that as a result of the suspected or confirmed breach there
is a risk to individuals, VA (including its information systems,
programs, and operations), the Federal Government, or national
security; and (3) the disclosure made to such agencies, entities, or
persons reasonably
[[Page 38134]]
necessary to assist in connection with VA efforts to respond to the
suspected or confirmed breach or to prevent, minimize, or remedy such
harm.
18. Data Breach Response and Remediation, for Another Federal
Agency: To another Federal agency or Federal entity, when VA determines
that information from this system of records is reasonably necessary to
assist the recipient agency or entity in (1) responding to a suspected
or confirmed breach or (2) preventing, minimizing, or remedying the
risk of harm to individuals, the recipient agency or entity (including
its information systems, programs, and operations), the Federal
Government, or national security, resulting from a suspected or
confirmed breach.
POLICIES AND PRACTICES FOR STORAGE OF RECORDS:
Records are maintained on paper, electronic media, and computer
printouts by HPSP. Records stored on electronic media are maintained on
a VA-approved and managed, password protected secure AWS cloud-based
network.
POLICIES AND PRACTICES FOR RETRIEVABILITY OF RECORDS:
Records in this system are retrieved using the award number, or an
equivalent participant account number assigned by HSPS, Social Security
number, and the name of the individual.
POLICIES AND PRACTICES FOR RETENTION AND DISPOSAL OF RECORDS:
Records in this system are retained and disposed of in accordance
with the schedule approved by the Archivist of the United States and
VHA Records Control Schedule 10-1, 3200.1.
ADMINISTRATIVE, TECHNICAL, AND PHYSICAL SAFEGUARDS:
Access to the basic file in HPSP is restricted to authorized VA
employees and vendors. Access to the office spaces where electronic
media is maintained within HPSP is further restricted to specifically
authorized employees and is protected by contracted building security
services. Records (typically computer printouts) at HPSP 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 LAN located within HPSP office spaces and
safeguarded as described above.
HPSP is hosted in AWS Government Cloud (GovCloud) infrastructure as
a service cloud computing environment that has been authorized at the
high-impact level under the FedRAMP. The secure site-to-site encrypted
network connection is limited to access via the VA trusted internet
connection.
RECORD ACCESS PROCEDURE:
Individuals seeking information on the existence and content of
records in this system pertaining to them should contact the system
manager in writing as indicated above. A request for access to records
must contain the requesters' full name, address, telephone number, be
signed by the requester and describe the records sought in sufficient
detail to enable VA personnel to locate them with a reasonable amount
of effort.
CONTESTING RECORD PROCEDURES:
Individuals seeking to contest or amend records in this system
pertaining to them should contact the system manager in writing as
indicated above. A request to contest or amend records must state
clearly and concisely what record is being contested, the reasons for
contesting it and the proposed amendment to the record.
NOTIFICATION PROCEDURE:
Generalized notice is provided by the publication of this notice.
For specific notice, see Record Access Procedure, above.
EXEMPTIONS PROMULGATED FOR THE SYSTEM:
None.
HISTORY:
74 FR 62390 (November 27, 2009); 78 FR 27481 (May 10, 2013).
[FR Doc. 2023-12402 Filed 6-9-23; 8:45 am]
BILLING CODE 8320-01-P