Notice2024-16267
Privacy Act of 1974; System of Records
Primary source
Metadata and text below are from the Federal Register, a public-domain U.S. government work. Always verify the official published version before relying on it for any legal matter.
Published
July 24, 2024
Issuing agencies
Veterans Affairs Department
Abstract
Pursuant to the Privacy Act of 1974, notice is hereby given that VA is establishing a new system of records titled, "Law Enforcement Officer Evaluations (LEO Evals)--VA" (216VA10). This system will be used to assist with the occupational placements of VA police officer candidates and officers undergoing psychological evaluations for hire and annually thereafter. Psychological evaluations, testing, and notes will contain data to assess the applicant's or employee's psychological fitness to meet the functional requirements of a VA police officer position.
Full Text
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<title>Federal Register, Volume 89 Issue 142 (Wednesday, July 24, 2024)</title>
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[Federal Register Volume 89, Number 142 (Wednesday, July 24, 2024)]
[Notices]
[Pages 59970-59975]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2024-16267]
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DEPARTMENT OF VETERANS AFFAIRS
Privacy Act of 1974; System of Records
AGENCY: Office of Mental Health (OMH), Department of Veterans Affairs
(VA).
ACTION: Notice of a new system of records.
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SUMMARY: Pursuant to the Privacy Act of 1974, notice is hereby given
that VA is establishing a new system of records titled, ``Law
Enforcement Officer Evaluations (LEO Evals)--VA'' (216VA10). This
system will be used to assist with the occupational placements of VA
police officer candidates and officers undergoing psychological
evaluations for hire and annually thereafter. Psychological
evaluations, testing, and notes will contain data to assess the
applicant's or employee's psychological fitness to meet the functional
requirements of a VA police officer position.
DATES: Comments on this new system of records must be received no later
than August 23, 2024. If no public comment is received during the
period allowed for comment or unless otherwise published in the Federal
Register by
[[Page 59971]]
VA, the new 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 <a href="http://www.Regulations.gov">www.Regulations.gov</a> or
mailed to VA Privacy Service, 810 Vermont Avenue NW, (005X6F),
Washington, DC 20420. Comments should indicate that they are submitted
in response to ``Law Enforcement Officer Evaluations (LEO Evals)--VA
(216VA10)''. Comments received will be available at <a href="http://www.Regulations.gov">www.Regulations.gov</a>
for public viewing, inspection or copies.
FOR FURTHER INFORMATION CONTACT: Stephania Griffin, Veterans Health
Administration (VHA) Chief Privacy Officer, Department of Veterans
Affairs, 810 Vermont Avenue NW, (105HIG), Washington, DC 20420,
<a href="/cdn-cgi/l/email-protection#32414657425a535c5b531c55405b54545b5c7244531c555d44"><span class="__cf_email__" data-cfemail="d0a3a4b5a0b8b1beb9b1feb7a2b9b6b6b9be90a6b1feb7bfa6">[email protected]</span></a>, telephone number 704-245-2492 (Note: This is
not a toll-free number).
SUPPLEMENTARY INFORMATION:
I. Description of Proposed Systems of Records
This system of records is used to assist with occupational
placements VA police officer candidates and officers undergoing
psychological evaluations for hire and annually thereafter.
Psychological evaluations, testing, and notes will contain data to
assess the applicant's or employee's psychological fitness to meet the
functional requirements of a VA police officer position. VA Handbook
0730, Security and Law Enforcement, appendix A, dated August 11, 2000,
describes the medical standards for VA police officer applicants and
incumbents. VA Handbook 0730 states that the VA police officers must
possess emotional and mental stability. These guidelines are consistent
with VA Handbook 0720, Procedures to Arm Department of Veterans Affairs
Police, dated January 24, 2000. These standards are based on 5 CFR
339.301.
II. Proposed Routine Use Disclosures of Data in the System
VA is proposing the following routine use disclosures of
information maintained in the system.
1. 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. Data Breach Response and Remediation, for VA: To appropriate
agencies, entities, and persons when (a) VA suspects or has confirmed
that there has been a breach of the system of records; (b) VA has
determined that as a result of the suspected or confirmed breach there
is a risk of harm to individuals, VA (including its information
systems, programs, and operations), the Federal Government, or national
security; and (c) the disclosure made to such agencies, entities, and
persons is reasonably necessary to assist in connection with VA's
efforts to respond to the suspected or confirmed breach or to prevent,
minimize, or remedy such harm.
3. 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 (a) responding to a suspected
or confirmed breach or (b) 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.
4. 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
a violation or potential violation of law, whether civil, criminal, or
regulatory in nature, 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 such a
violation or potential violation of law civil. 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.
5. Department of Justice (DoJ), Litigation, or 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 his or her official capacity;
(c) Any VA employee in his or her 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.
6. Office of Management and Budget (OMB): To OMB for the
performance of its statutory responsibilities for evaluating Federal
programs.
7. OMB: To OMB 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.
8. 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.
9. Equal Employment Opportunity Commission (EEOC): To EEOC in
connection with investigations of alleged or possible discriminatory
practices, examination of Federal affirmative employment programs, or
other functions of the Commission as authorized by law.
10. Federal Labor Relations Authority (FLRA): To FLRA in connection
with the investigation and resolution of allegations of unfair labor
practices, the resolution of exceptions to arbitration awards when a
question of material fact is raised, matters before the Federal Service
Impasses Panel, and the investigation of representation petitions and
the conduct or supervision of representation elections.
11. Merit Systems Protection Board (MSPB): To MSPB 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 authorized by law.
12. Health Care Providers, for Referral by VA: To: (a) a Federal
agency or a health care provider when VA refers a patient for medical
and other health services, or authorizes a patient to obtain such
services and the information is needed by the Federal agency or health
care provider to perform the services; or (b) a Federal agency or a
health care provider under the provisions of 38 U.S.C. 513, 7409, 8111,
or 8153, when treatment is rendered by VA under the terms of such
contract or agreement or the issuance of an authorization, and the
information is needed for purposes of medical treatment or follow-up,
determination of eligibility for benefits, or recovery by VA of the
costs of the treatment.
13. Health Care Providers, for Referral to VA: To a non-VA health
care provider when that health care provider has
[[Page 59972]]
referred the individual to VA for medical or other health services.
14. Covered Entities, for their Health Care Operations: To a
covered entity for their health care operations, provided that the
entity either has or had a relationship with the individual, and the
disclosure is for the purpose of:
(a) Conducting quality assessment and improvement activities;
patient safety activities as defined in 42 CFR 3.20; population-based
activities relating to improving health or reducing health care costs,
protocol development, case management, and care coordination;
contacting of health care providers and patients with information about
treatment alternatives; and related functions that do not include
treatment;
(b) Reviewing the competence or qualifications of health care
professionals; evaluating practitioner and provider performance, and
health plan performance; conducting training programs for health care
practitioners, trainees, and students; training of non-health care
professionals; accreditation, certification, licensing, or
credentialing activities; or
(c) Health care fraud and abuse detection or compliance.
15. Guardians, for Incompetent Veterans: To a legal guardian who is
responsible for the care of the mentally incompetent individual,
provided that information is about the incompetent individual and only
disclosed to the extent necessary.
16. Agency-Appointed Representatives, Regarding Examinations: To
the agency-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
the agency under: (a) medical evaluation (formerly Fitness for Duty)
examinations procedures, or (b) agency-filed disability retirement
procedures.
17. Other Agencies, for Injury Reporting: To a requesting agency,
organization, or individual including the home address and other
information concerning those individuals who it is reasonably believed
might have contracted an illness or been exposed to or suffered from a
health hazard while employed in the Federal workforce.
18. 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 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.
19. Federal, State, Local Agencies, for Workplace Health and Safety
Matters: To any Federal, State, or local government agency, in response
to its request or at the initiation of the VA, information relevant and
necessary to the lawful, statutory, administrative, or investigatory
purpose as it relates to the conduct of job-related epidemiological
research or the assurance of compliance with Federal, State, or local
government laws on health and safety in the work environment.
20. State Licensing Board (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.
21. Licensing Investigators or Supervisory Officials: To a State or
local government entity which has the legal authority to make decisions
concerning the issuance, retention or revocation of licenses,
certifications or registrations required to practice a health care
profession, when requested in writing by an investigator or supervisory
official of the licensing entity for the purpose of making a decision
concerning the issuance, retention or revocation of the license,
certification or registration of a named health care professional.
22. National Practitioner Data Bank (NPDB), for Hiring,
Privileging: To the NPDB at the time of hiring or clinical privileging/
re-privileging 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/re-privileging,
retention, or termination of the applicant or employee.
23. NPDB, SLB, for Medical Malpractice: To the NPDB or a SLB 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: (a)
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; (b) 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 (c) 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.
24. Health and Wellness Program Evaluation: To third parties under
contract with the agency to conduct evaluations of health and wellness
programs.
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 June 14, 2024 for
publication.
Dated: July 19, 2024.
Amy L. Rose,
Government Information Specialist, VA Privacy Service, Office of
Compliance, Risk and Remediation, Office of Information and Technology,
Department of Veterans Affairs.
SYSTEM NAME AND NUMBER:
``Law Enforcement Officer Evaluations (LEO Evals--VA'' (216VA10).
[[Page 59973]]
SECURITY CLASSIFICATION:
Unclassified.
SYSTEM LOCATION:
These records are the responsibility of the Office of Mental Health
(OMH), Veterans Health Administration (VHA), Department of Veterans
Affairs (VA). The OMH is located at 810 Vermont Avenue NW, (11MH),
Washington, DC 20420. Records are maintained at VA health care
facilities. Addresses are listed in VA Appendix 1 of the biennial
publication of the VA Privacy Act Issuances.
SYSTEM MANAGER(S):
Christopher Loftis, Ph.D., National Mental Health Director, Office
of Mental Health, 810 Vermont Avenue NW, Washington, DC 20420,
<a href="/cdn-cgi/l/email-protection#57143f253e242338273f3225793b3831233e246517213679303821"><span class="__cf_email__" data-cfemail="490a213b203a3d2639212c3b6725262f3d203a7b093f28672e263f">[email protected]</span></a>, telephone number 202-461-0420 (Note: This
is not a toll-free number).
AUTHORITY FOR MAINTENANCE OF THE SYSTEM:
VA Handbook 0730; VA Handbook 0720; 5 CFR 339.301.
PURPOSE(S) OF THE SYSTEM:
Records in this system will be used to assist with occupational
placements of VA police officer candidates and officers undergoing
psychological evaluations for hire and annually thereafter.
Psychological evaluations, testing, and notes will contain data to
assess the applicant's or employee's psychological fitness to meet the
functional requirements of a VA police officer position.
CATEGORIES OF INDIVIDUALS COVERED BY THE SYSTEM:
The records in the system are on VA police officer employees and
applicants.
CATEGORIES OF RECORDS IN THE SYSTEM:
Records include demographic information such as name, address,
phone number, email address, and the last four of the applicant/
employee social security number. Records will also contain information
regarding the psychological suitability to meet the functional
requirements of the VA police officer position requirements, to include
test data, interview notes, screening measures, behavioral history,
references, and background data.
RECORD SOURCE CATEGORIES:
Records in this system are provided by VA police officer employees
and candidates, VA psychologists and psychiatrists conducting
psychological evaluations, VA police chiefs and supervisors, and human
resource and occupational health staff.
ROUTINE USES OF RECORDS MAINTAINED IN THE SYSTEM, INCLUDING CATEGORIES
OF USERS AND PURPOSES OF SUCH USES:
To the extent that records contained in the system include
information protected by The HIPAA Privacy Rule and 38 U.S.C. 7332 that
information cannot be disclosed under a routine use unless there is
also specific disclosure authority in both provisions.
1. 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. Data Breach Response and Remediation, for VA: To appropriate
agencies, entities, and persons when (a) VA suspects or has confirmed
that there has been a breach of the system of records; (b) VA has
determined that as a result of the suspected or confirmed breach there
is a risk of harm to individuals, VA (including its information
systems, programs, and operations), the Federal Government, or national
security; and (c) the disclosure made to such agencies, entities, and
persons is reasonably necessary to assist in connection with VA's
efforts to respond to the suspected or confirmed breach or to prevent,
minimize, or remedy such harm.
3. 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 (a) responding to a suspected
or confirmed breach or (b) 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.
4. 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
a violation or potential violation of law, whether civil, criminal, or
regulatory in nature, 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 such a
violation or potential violation of law civil. 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.
5. Department of Justice (DoJ), Litigation, or 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 his or her official capacity;
(c) Any VA employee in his or her 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.
6. Office of Management and Budget (OMB): To OMB for the
performance of its statutory responsibilities for evaluating Federal
programs.
7. OMB: To OMB 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.
8. 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.
9. Equal Employment Opportunity Commission (EEOC): To EEOC in
connection with investigations of alleged or possible discriminatory
practices, examination of Federal affirmative employment programs, or
other functions of the Commission as authorized by law.
10. Federal Labor Relations Authority (FLRA): To FLRA in connection
with the investigation and resolution of allegations of unfair labor
practices, the resolution of exceptions to arbitration awards when a
question of material fact is raised, matters before the Federal Service
Impasses Panel, and the investigation of representation petitions and
the conduct or supervision of representation elections.
11. Merit Systems Protection Board (MSPB): To MSPB 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 authorized by law.
12. Health Care Providers, for Referral by VA: To: (a) a Federal
agency or a health care provider when VA refers a patient for medical
and other health
[[Page 59974]]
services, or authorizes a patient to obtain such services and the
information is needed by the Federal agency or health care provider to
perform the services; or (b) a Federal agency or a health care provider
under the provisions of 38 U.S.C. 513, 7409, 8111, or 8153, when
treatment is rendered by VA under the terms of such contract or
agreement or the issuance of an authorization, and the information is
needed for purposes of medical treatment or follow-up, determination of
eligibility for benefits, or recovery by VA of the costs of the
treatment.
13. Health Care Providers, for Referral to VA: To a non-VA health
care provider when that health care provider has referred the
individual to VA for medical or other health services.
14. Covered Entities, for their Health Care Operations: To a
covered entity for their health care operations, provided that the
entity either has or had a relationship with the individual, and the
disclosure is for the purpose of:
(a) Conducting quality assessment and improvement activities;
patient safety activities as defined in 42 CFR 3.20; population-based
activities relating to improving health or reducing health care costs,
protocol development, case management, and care coordination;
contacting of health care providers and patients with information about
treatment alternatives; and related functions that do not include
treatment;
(b) Reviewing the competence or qualifications of health care
professionals; evaluating practitioner and provider performance, and
health plan performance; conducting training programs for health care
practitioners, trainees, and students; training of non-health care
professionals; accreditation, certification, licensing, or
credentialing activities; or
(c) Health care fraud and abuse detection or compliance.
15. Guardians, for Incompetent Veterans: To a legal guardian who is
responsible for the care of the mentally incompetent individual,
provided that information is about the incompetent individual and only
disclosed to the extent necessary.
16. Agency-Appointed Representatives, Regarding Examinations: To
the agency-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
the agency under: (a) medical evaluation (formerly Fitness for Duty)
examinations procedures, or (b) agency-filed disability retirement
procedures.
17. Other Agencies, for Injury Reporting: To a requesting agency,
organization, or individual including the home address and other
information concerning those individuals who it is reasonably believed
might have contracted an illness or been exposed to or suffered from a
health hazard while employed in the Federal workforce.
18. 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 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.
19. Federal, State, Local Agencies, for Workplace Health and Safety
Matters: To any Federal, State, or local government agency, in response
to its request or at the initiation of the VA, information relevant and
necessary to the lawful, statutory, administrative, or investigatory
purpose as it relates to the conduct of job-related epidemiological
research or the assurance of compliance with Federal, State, or local
government laws on health and safety in the work environment.
20. State Licensing Board (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.
21. Licensing Investigators or Supervisory Officials: To a State or
local government entity which has the legal authority to make decisions
concerning the issuance, retention or revocation of licenses,
certifications or registrations required to practice a health care
profession, when requested in writing by an investigator or supervisory
official of the licensing entity for the purpose of making a decision
concerning the issuance, retention or revocation of the license,
certification or registration of a named health care professional.
22. National Practitioner Data Bank (NPDB), for Hiring,
Privileging: To the NPDB at the time of hiring or clinical privileging/
re-privileging 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/re-privileging,
retention, or termination of the applicant or employee.
23. NPDB, SLB, for Medical Malpractice: To the NPDB or a SLB 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: (a)
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; (b) 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 (c) 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.
24. Health and Wellness Program Evaluation: To third parties under
contract with the agency to conduct evaluations of health and wellness
programs.
POLICIES AND PRACTICES FOR STORAGE OF RECORDS:
These records are maintained in paper folders and electronic
storage media in VA Information Technology systems.
[[Page 59975]]
POLICIES AND PRACTICES FOR RETRIEVAL OF RECORDS:
Records are retrieved by the employee or applicant name, the last
four of their social security number, date of evaluation, or by any
combination of these identifiers.
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, VHA
Records Control Schedule 10-1, Item 6400.3.
ADMINISTRATIVE, TECHNICAL, AND PHYSICAL SAFEGUARDS:
1. On an annual basis, employees are required to sign a computer
access agreement acknowledging their understanding of confidentiality
requirements. In addition, all employees receive annual privacy
awareness and information security training.
2. Access to electronic records is deactivated when no longer
required for official duties. Recurring monitors are in place to ensure
compliance with nationally and locally established security measures.
3. Strict control measures are enforced to ensure that access to
and disclosure from all records are limited to VA and the employees
whose official duties warrant access to those files.
RECORD ACCESS PROCEDURES:
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 or inquire in person at the VA
health care facility where services were provided. A request for access
to records must contain the requester's 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, or may visit the applicable VA facility. 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 PROCEDURES:
Generalized notice is provided by the publication of this notice.
For specific notice, see Record Access Procedure, above.
EXEMPTIONS PROMULGATED FOR THE SYSTEM:
Under title 5 U.S.C. 552a(k)(6), the head of any agency may exempt
any system of records within the agency from certain provisions of the
Privacy Act of 1974, if the system of records is testing or examination
material used solely to determine police officers qualifications for
appointment or fitness for duty in the Federal service, the disclosure
of which would compromise the objectivity or fairness of the testing or
examination process. The Law Enforcement Officer Evaluation records
within this system of records are considered examination material used
to determine if an individual has the qualifications to become a VA
police officer. The function of the VA Police Service is to provide for
the maintenance of law and order and the protection of persons and
property on Department property, and having qualified individuals is
critical to this function. This system of records has been created to
collect testing and examination materials used to determine
qualifications for VA police officers' fitness for service within VA.
Based upon the foregoing, the VA Secretary has exempted this system
of records, to the extent that it encompasses information pertaining to
testing or examination material used solely to determine qualifications
for appointment or fitness for duty in the Federal service from the
following provisions of the Privacy Act of 1974, as permitted by 5
U.S.C. 552a(k); 5 U.S.C. 552a(c)(3); 5 U.S.C. 552a(d)(1) through
(d)(4); 5 U.S.C. 552a(e)(1); 5 U.S.C. 552a(e)(4)(G), (H) and (I); and 5
U.S.C. 552a(f).
Reasons for exemptions: The exemption of information and material
in this system of records is necessary to assist in the accomplishment
of the law enforcement functions of the VA Police Service by ensuring
qualified individuals are determined fit for duty and selected as VA
Police Officer. Sharing the testing and examinations materials and
records with individuals seeking a position with the VA Police Service
would compromise the examination process and undermine VA's ability to
ensure qualified individuals are determine fit for service within the
VA Police Service.
HISTORY:
None.
[FR Doc. 2024-16267 Filed 7-23-24; 8:45 a.m.]
BILLING CODE 8320-01-P
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</html>Indexed from Federal Register on July 24, 2024.
This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.