[Federal Register Volume 65, Number 85 (Tuesday, May 2, 2000)]
[Notices]
[Pages 25531-25534]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 00-10910]


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DEPARTMENT OF VETERANS AFFAIRS


Privacy Act of 1974; System of Records

AGENCY: Department of Veterans Affairs (VA).

ACTION: Report of New Systems of Records--Disaster Emergency Medical 
Personnel System--VA (98VA104).

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SUMMARY: The Privacy Act of 1974 (5 U.S.C. 552(e)(4)) requires that all 
agencies publish in the Federal Register a notice of the existence and 
character of their system of records. Notice is hereby given that VA 
proposes to establish a new system of records. The proposed system is 
entitled ``Disaster Emergency Medical Personnel System (DEMPS)-VA'' 
(98VA104).

DATES: Comments on the establishment of this new system of records must 
be received no later than June 1, 2000. If no public comment is 
received during the period allowed for comment or unless otherwise 
published in the Federal Register by VA, the system will become 
effective June 1, 2000.

ADDRESSES: Written comments concerning the proposed new system of 
records may be submitted to the Office of Regulations Management (02D), 
Department of Veterans Affairs, 810 Vermont Avenue NW., Washington, DC 
20420. Comments will be available for public inspection at the above 
address in the Office of Regulations Management, Room 1158, between the 
hours of 8:00 a.m. and 4:30 p.m., Monday through Friday (except 
Holidays).

FOR FURTHER INFORMATION CONTACT: Stephania Putt, Veterans Health 
Administration Privacy Act Officer, at (727) 320-1839.

SUPPLEMENTARY INFORMATION: DEMPS is to be used by the Emergency 
Management Strategic Healthcare Group (EMSHG) primarily in times of 
national emergencies caused by catastrophic events. This system may be 
used to respond to internal emergencies occurring within the Veterans 
integrated Service Networks (VISNs).
    It is the Veterans Health Administration's (VHA) policy to use 
DEMPS to respond to internal emergencies occurring within the VISNs. In 
order to provide sufficient health care medical personnel to respond to 
disasters, it is necessary to develop a nationwide VHA system of 
special-skilled personnel. These persons would be available to serve 
for limited periods of time in response to Presidentially-declared and 
internal VA

[[Page 25532]]

national emergencies. VHA maintains a nationwide register of clinical 
personnel who volunteer their special medical skills in response to 
emergencies.
    Information in DEMPS comes from VHA full-time employees who provide 
the information voluntarily. Information collected and maintained in 
DEMPS includes personal and demographic information initiated, 
provided, and authenticated by the employee and contains the necessary 
approvals and signatures of supervisory officials. Information includes 
the employee's full name, social security number, station and VISN 
assignment, station address and phone number, home address and phone 
number, emergency contact and phone number, professional/job series, 
grade, speciality, current job assignment, description of advanced 
degree/certification (if any); physical limitations (if any); prior 
experience in disaster response (if any); specialized training; related 
military medical training, other relevant training and dates thereof. 
DEMPS constitutes a system of records under the Privacy Act of 1974 (5 
U.S.C. 552a) and data contained therein are considered private 
information.
    A notice of intent and an advance copy of the new system notice 
have been sent to the appropriate Congressional committees and the 
Director, Office of Management and Budget (OMB) as required by 5 U.S.C. 
552a(r) (Privacy Act) and guidelines issued by OMB (61 FR 6428), 
February 20, 1996.

    Approved: April 18, 2000.
Togo D. West, Jr.,
Secretary of Veterans Affairs.
98VA104

System Name:
    Disaster Emergency Medical Personnel System--VA

System Location:
    Records are maintained at each of the Department of Veterans 
Affairs (VA) health care facilities. The address locations for VA 
facilities were listed in VA Appendix I of the biennial publication of 
the VA systems of record. Information from these records or copies of 
records may be maintained at the Department of Veterans Affairs, 810 
Vermont Avenue, NW, Washington, DC 20420; Network Directors' Offices; 
Emergency Management Strategic Healthcare Group Headquarters, VA 
Medical Center, Martinsburg, WV 25401; or with the Area Emergency 
Managers located at VA facilities.

Categories of Individuals Covered by This System:
    VA employees who make application to VA and are considered for 
deployment as health care providers primarily in times of national 
emergencies in response to domestic disasters resulting from natural 
and technological hazards, terrorist attacks, and the employment of 
nuclear, biological, and/or chemical weapons of mass destruction. These 
individuals may include audiologists, dentists, dietitians, expanded-
function dental auxiliaries, licensed practical vocational nurses, 
nuclear medicine technologists, nurse anesthetists, nurse 
practitioners, nurses, occupational therapists, optometrists, clinical 
pharmacists, licensed physical therapists, physician assistants, 
physicians, podiatrists, psychologists, registered respiratory 
therapists, certified respiratory therapy technicians, diagnostic and 
therapeutic radiology technologists, social workers, speech 
pathologists, contracting specialists, building maintenance, 
engineering, housekeeping, and other personnel associated with 
emergency management.

Categories of Records in the System:
    Information on VA employees who make application to be deployed as 
health care providers primarily in times of national emergencies. This 
source document provides personal and demographic information 
initiated, provided and authenticated by the employee and contains the 
necessary approvals and signatures of officials in the supervisory 
chain for the employee's inclusion in the data base. Information is 
provided on a voluntary basis. Information related to identifying and 
selecting individuals by the Emergency Management Strategic Healthcare 
Group, networks and medical centers eligible to support specific job 
tasking and assignments during either disasters internal to the 
Veterans Health Administration health care system, or external to VHA 
for which the VA is tasked to provide support, under applicable 
authorities. Requests for issuance of travel orders and necessary 
reimbursement to VA for subsequent allocation of funds to home stations 
of deployed personnel are required to cover costs of travel, overtime 
and other expenses associated with individual deployments. This 
information is necessary to account for personnel deployed to support 
disasters, to identify personnel with specific job skills and 
experience that may be required to support contingency missions tasked 
to VA under the VA/Department of Defense (DoD) Contingency Plan, and 
for the development of plans at the corporate, network and medical 
center level for utilization of VHA personnel in support of VA internal 
and external disasters.

Authority for Maintenance of the System:
    Authority for maintenance of this system of records is Executive 
Order 12656 dated November 18, 1988.

Purpose(s):
    The records may be used for such purpose as to provide information 
on sufficient health care medical personnel to respond to disasters, to 
provide information to the Emergency Management Strategic Healthcare 
Group primarily in times of national emergencies caused by catastrophic 
events, and to respond to internal emergencies occurring within the 
Veterans Integrated Service Networks.

Routine Uses of Records Maintained in the System, Including Categories 
of Users and the Purposes of Such Uses:
    Information may be disclosed for routine uses as indicated below:
    1. Selected information (such as name, social security number, home 
station and telephone numbers) may be disclosed to other Federal 
departments and agencies that have an interest in or obligation to 
track or otherwise audit transfer of funds to VA for reimbursement of 
tasks.
    2. Statistical information and other data may be disclosed to 
Federal, State and local government agencies to assist in disaster 
planning and after-action reports.
    3. When a record on its face, or in conjunction with other records, 
indicates a violation or potential violation of law, whether civil, 
criminal or regulatory in nature, and whether arising by general 
statute or particular program statute, or by regulation, rule or order 
issued pursuant thereto, disclosure may be made to the appropriate 
agency, whether Federal, foreign, State, local, or tribal, or other 
public authority responsible for enforcing, investigating or 
prosecuting such violation or charged with enforcing or implementing 
the statute, or rule, regulation, or order issued pursuant thereto, if 
the information disclosed is relevant to any enforcement, regulatory, 
investigative or prosecutive responsibility of the receiving entity.
    4. Disclosure may be made to any source, such as a police 
department or the Federal Bureau of Investigation, from which 
additional information is requested to the extent necessary to identify 
the individual, inform the source of the purpose(s) of the request,

[[Page 25533]]

and to identify the type of information requested such as DEMPS 
personnel present at a crime scene caused by terrorists.
    5. Disclosure may be made to an agency in the executive, 
legislative, or judicial branch, or the District of Columbia's 
Government in response to its request, or at the initiation of VA, for 
information in connection with the selection of an employee for the 
deployment and future training of an individual, the letting of a 
contract, the issuance of a license, grant, or other benefits by the 
requesting agency, or the lawful statutory, administrative, or 
investigative purpose of the agency to the extent that the information 
is relevant and necessary to the requesting agency's deployment/Federal 
Response Plan needs.
    6. Disclosure may be made to a Member of Congress or to a 
congressional staff member in response to an inquiry of the 
congressional office made at the written request of the constituent 
about whom the record is maintained.
    7. Disclosure may be made to the National Archives and Records 
Administration (NARA) in records management inspections conducted under 
authority of 44 U.S.C. 2904 and 2906.
    8. Disclosure may be made to a Federal agency or to a State or 
local government licensing board, and/or to the Federation of State 
Medical Boards, or a similar non-government entity, provided the entity 
maintains records concerning individuals' employment histories, is 
engaged in the issuance, retention or revocation of licenses, 
certifications, or registration necessary to practice an occupation, 
profession or specialty. The disclosure is for the Department to obtain 
information relevant to a Department decision concerning the hiring, 
retention or termination of an employee, or to inform a Federal agency, 
licensing boards or to the appropriate non-government 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 receiving medical care 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.
    9. Information may be disclosed to private sector (i.e., non-
Federal, State, or local governments) agencies, organizations, boards, 
bureaus, or commissions (e.g., the Joint Commission on Accreditation of 
Healthcare Organizations) when the disclosure is in the best interest 
of the government (e.g., to obtain accreditation or other approval 
rating). When cooperation with the private sector entity, through the 
exchange of individual records, directly benefits VA's completion of 
its mission, enhances personnel management functions, or increases the 
public confidence in VA's or the Federal government's role in the 
community, then the government's best interests are served. Further, 
only such information that is clearly relevant and necessary for 
accomplishing the intended uses of the information as certified by the 
receiving private sector entity is to be furnished.
    10. Information may be disclosed to a State or local government 
entity or national certifying body that has the authority to make 
decisions concerning the issuance, retention or revocation of licenses.
    11. Information may be disclosed to the Department of Justice and 
United States Attorneys in defense or prosecution of litigation 
involving the United States, and to Federal agencies upon their request 
in connection with review of administrative tort claims filed under the 
Federal Tort Claims Act, 28 U.S.C. 2672.
    12. Information on deployment to Federal/VHA emergencies, 
performance, or other personnel-related material 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.
    13. Information concerning a health care provider's professional 
qualifications and clinical privileges may be disclosed to a VA/
emergency disaster-served client patient, or the representative or 
guardian of a patient who, due to physical or mental incapacity, lacks 
sufficient understanding and/or legal capacity to make decisions 
concerning his/her medical care, who is receiving or contemplating 
receiving medical or other patient care services from the provider when 
the information is needed by the patient or the patient's 
representative or guardian in order to make a decision related to the 
initiation of treatment, continuation or discontinuation of treatment, 
or receiving a specific treatment that is proposed or planned by the 
provider. Disclosure will be limited to information concerning the 
health care provider's professional qualifications (professional 
education, training and current licensure/certification status), 
professional employment history, and current clinical privileges.
    14. 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.
    15. Information may be disclosed 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.
    16. 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.
    17. 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.
    18. 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, and in connection with the resolution of exceptions to 
arbitrator awards when a question of material fact is raised.
    19. Disclosure may be made to agency contractors, grantees, or 
volunteers who have been engaged to assist the agency in the 
performance of a contract service, grant, cooperative agreement, or 
other activity related to this system of records and who need to have 
access to the records in order to perform the activity. Recipients 
shall be required to comply with the requirement of the Privacy Act of 
1974, as amended, 5 U.S.C. 552a.

[[Page 25534]]

Disclosure to Consumer Reporting Agencies:
    Reports of all transactions dealing with data will be used within 
VA and will not be provided to any consumer-reporting agency.
    Policies and Practices for Storing, Retrieving, Accessing, 
Retaining and Disposing of Records in the System:

Storage:
    Automated records are maintained at all levels of management 
outlined in system location. Automated information may be stored on 
microfilm, magnetic tape, disk, or call down data bases.

Retrievability:
    Records are retrieved from the system by the name, professional 
title, social security number, VISN, home station, professional 
specialty, job position title, etc., of the individuals on whom they 
are maintained.

Safeguards:
    1. Access to VA working and storage areas in VA health care 
facilities 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 health care 
facilities are protected from outside access by the Federal Protective 
Service or other security personnel.
    2. Access to the Veterans Health Information Systems Technology 
Architecture (VISTA) computer room within the health care facilities is 
generally limited by appropriate security devices and restricted to 
authorized VA employees and vendor personnel. ADP peripheral devices 
are generally placed in secure areas (areas that are locked or have 
limited access) or are otherwise protected. Authorized VA employees may 
access information in the VISTA system. Access to file information is 
controlled at two levels: The system recognizes authorized employees by 
a series of individually unique passwords/codes as a part of each data 
message, and the employees are limited to only that information in the 
file which is needed in the performance of their official duties.

Retention and Disposal:
    An automated database of DEMPS personnel will be maintained at the 
employing VA facility. If the individual transfers to another VA 
facility location, the name will be added to the database at the new 
location. Information stored on electronic storage media is maintained 
and disposed of in accordance with the records disposition authority 
approved by the Archivist of the United States.

Systems Manager(s) and Address:
    Official responsible for maintaining the system: Director, 
Emergency Management Strategic Healthcare Group (EMSHG) (104), VA 
Medical Center, Martinsburg, West Virginia, 25401.

Notification Procedure:
    Individuals who wish to determine whether this system of records 
contains information about them should contact the VA facility location 
at which they made application as a deployment volunteer, or are or 
were employed. Inquiries should include the employee's full name, 
social security number, date of application for employment or dates of 
employment, and return address.

Record Access Procedures:
    Individuals seeking information regarding access to and contesting 
of records in this system may write, call or visit the VA facility 
location where they made application for employment or are or were 
employed.

Contesting Record Procedures:
    (See Record Access Procedures above.)

Record Source Categories:
    The information will be provided by the individual VA employee and 
the VA medical facility (home station) or other VA location at which 
the employee was employed. EMSHG Headquarters will also provide 
information for updates of deployment status and availability.

[FR Doc. 00-10910 Filed 5-1-00; 8:45 am]
BILLING CODE 8320-01-M