3972 Federal Register / Vol. 75, No. 15 / Monday, January 25, 2010 / Notices 

expended in this priority will fall to the 

third funding priority. Note: Non-profit 

agencies who apply under this priority 

will be required to provide a letter of 

assurance from the Indian Tribal 

Government that if funded, the 

provision of service will occur on 

Indian Tribal Property. 

Funding priority 3. VA is encouraging 

interested State and local governments, 

non-profit organizations and State and 

local governments that have been 

selected to utilize buildings on VA 

Medical Center grounds under the 

Secretary’s Enhanced Use Lease 

Program initiative for housing homeless 

veterans, faith-based, and communitybased organizations, as well as eligible 

entities located in the District of 

Columbia, the Commonwealth of Puerto 

Rico, or any territory or possession of 

the United States, to apply for funding 

under this NOFA to create transitional 

housing and services for all homeless 

veterans. Eligible entities that are State 

and local governments, Indian Tribal 

Governments, Enhanced Use Lease 

organizations, faith-based, and 

community-based organizations, or any 

territory or possession of the United 

States, will be considered in the third 

funding priority as applicable. Of those 

eligible entities that are legally 

fundable, the highest-ranked 

applications for which funding is 

available, will be conditionally selected 

for eligibility to receive a per diem-only 

award in accordance with their ranked 

order until funding is expended 

(approximately 900 beds). 

Methodology: VA will review all noncapital grant recipients in response to 

this notice of funding availability. VA 

will then group the applicants into the 

funding priorities categories. Applicants 

will then be ranked within their 

respective funding category based on 

score and any ranking criteria set forth 

in that funding category only if the 

applicant scores at least 500 cumulative 

points from paragraphs (b), (c), (d), (e), 

and (i) of 38 CFR Sec. 61.13. 

The highest-ranked application for 

which funding is available, within the 

highest funding category, will be 

conditionally selected for eligibility to 

receive per diem payment in accordance 

with their ranked order until VA 

reaches the projected bed totals for each 

category. If funds are still available after 

selection of those applications in the 

highest priority group, VA will continue 

to conditionally select applicants in 

lower priority categories in accordance 

with the selection method set forth in 

the final rule Sec. 61.32. 

Application Requirements: 

Applicants must include a cover letter 

clearly stating under which funding 

priority they wish to be considered. 

Non-profit agencies who apply under 

funding priority two are required to 

provide a letter of assurance from the 

Indian Tribal Government that if 

funded, the provision of service will 

occur on Indian Tribal Property. The 

grant application requirements will be 

specified in the application package. 

Applicants should be careful to 

complete the proper application 

package. Submission of the incorrect or 

incomplete application package will 

result in the application being rejected 

at threshold review. The packages 

include all required forms and 

certifications. Selections will be made 

based on criteria described in the 

application, Final Rule, and NOFA. 

Applicants who are conditionally 

selected will be notified of any 

additional information needed to 

confirm or clarify information provided 

in the application. Applicants will then 

be notified of the deadline to submit 

such information. If an applicant is 

unable to meet any conditions for grant 

award within the specified timeframe, 

VA reserves the right to not award funds 

and to use the funds available for other 

grant and per diem applicants. 

Dated: January 13, 2010. 

John R. Gingrich, 

Chief of Staff, Department of Veterans Affairs. 

[FR Doc. 2010–1297 Filed 1–22–10; 8:45 am] 

BILLING CODE 8320–01–P 

DEPARTMENT OF VETERANS 

AFFAIRS 

Privacy Act of 1974; System of 

Records 

AGENCY: Department of Veterans Affairs 

(VA). 

ACTION: Notice of amendment to system 

of records. 

SUMMARY: As required by the Privacy 

Act of 1974, 5 U.S.C. 552a(e), notice is 

hereby given that the Department of 

Veterans Affairs (VA) is amending the 

system of records currently entitled 

‘‘Employee Incentive Scholarship 

Program—VA’’ (110VA10) as set forth in 

the Federal Register 67 FR 66712. VA 

is amending the system 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 February 24, 2010. If no 

public comment is received, the 

amended system will become effective 

February 24, 2010. 

ADDRESSES: Written comments may be 

submitted through 

www.Regulations.gov; by mail or handdelivery 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: Routine 

Use 6 was amended to allow disclosure 

to the National Archives and Records 

Administration (NARA) and the General 

Services Administration (GSA) in 

records management inspections 

conducted under authority of Title 44, 

Chapter 29, of the United States Code 

(U.S.C.). NARA and GSA are 

responsible for management of old 

records no longer actively used, but 

which may be appropriate for 

preservation, and for the physical 

maintenance of the Federal 

government’s records. VA must be able 

to provide the records to NARA and 

GSA in order to determine the proper 

disposition of such records. 

Routine Use 11 was added to allow 

VA to disclose information from this 

system of records to the Department of 

Justice (DoJ), either on VA’s initiative or 

in response to DoJ’s request for the 

information, after either VA or DoJ 

determines that such information is 

relevant to DoJ’s representation of the 

United States or any of its components 

in legal proceedings before a court or 

adjudicative body, provided that, in 

each case, the agency also determines 

prior to disclosure that release of the 

records to the DoJ is a use of the 

information contained in the records 

that is compatible with the purpose for 

which VA collected the records. VA, on 

its own initiative, may disclose records 

in this system of records in legal 

proceedings before a court or 

administrative body after determining 

that the disclosure of the records to the 

court or administrative body is a use of 

the information contained in the records 


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that is compatible with the purpose for 

which VA collected the records. 

Routine Use 12 was added to allow 

for disclosure of relevant information to 

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. 

Routine Use 13 was added to allow 

VA to disclose on its own initiative any 

information in the system, except the 

names and home addresses of Veterans 

and their dependents, that is relevant to 

a suspected or reasonably imminent 

violation of the law, whether civil, 

criminal, or regulatory in nature and 

whether arising by general or program 

statute or by regulation, rule, or order 

issued pursuant thereto, to a Federal, 

state, local, tribal, or foreign agency 

charged with the responsibility of 

investigating or prosecuting such 

violation, or charged with enforcing or 

implementing the statute, regulation, 

rule, or order. VA may also disclose on 

its own initiative the names and 

addresses of Veterans and their 

dependents to a Federal agency charged 

with the responsibility of investigating 

or prosecuting civil, criminal, or 

regulatory violations of law, or charged 

with enforcing or implementing the 

statute, regulation, or order issued 

pursuant thereto. 

Routine Use 14 was added for 

disclosure to other Federal agencies to 

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 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. 

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. 

Dated: December 23, 2009. 

John R. Gingrich, 

Chief of Staff, Department of Veterans Affairs. 

110VA10 

SYSTEM NAME: 

Employee Incentive Scholarship 

Program—VA. 

SYSTEM LOCATION: 

Active records will be maintained at 

the Health Care Staff Development and 

Retention Office (HCSDRO/10A2D), 

Veterans Health Administration (VHA), 

Department of Veterans Affairs (VA), 

1555 Poydras Street, Suite 1971, New 

Orleans, Louisiana 70112; the Austin 

Automation Center (AAC), Department 

of Veterans Affairs, 1615 East 

Woodward Street, Austin, Texas 78772; 

and the VA health care facilities and 

VISN offices where scholarship 

recipients are employed. Address 

locations for VA health care facilities 

are listed in Appendix 1 of the Biennial 

Publication of Privacy Act Issuances. 

Complete records will be maintained 

only at the HCSDRO address. 

CATEGORIES OF INDIVIDUALS COVERED BY THE

SYSTEM: 

VA employees who apply for and are 

denied or granted educational assistance 

awards under the provisions of VA. 

Employee Incentive Scholarship 

Program (EISP) in a field leading to 

appointment or retention in a position 

listed in 38 U.S.C., section 7401. 

CATEGORIES OF RECORDS IN THE SYSTEM: 

Records (or information contained in 

records) in this system may include 

personal identification information 

related to the application material, to 

award processes, to employment, to 

obligated service, and to requests for 

waivers or suspensions of obligated 

service or financial indebtedness to VA 

such as (1) name, (2) employing facility 

number, (3) telephone number(s), (4) 

Social Security number, (5) award 

amount, (6) obligated service incurred, 

and (7) name and address of the 

educational institution; or any amount if 

indebtedness (accounts receivable) 

arising from the scholarship and owed 

to VA. The application for an EISP 

award includes the applicant’s full 

name, employing facility number, home 

and work telephone numbers, Social 

Security number, job title, current 

education level, degree sought, 

description of the academic program 

covered by the scholarship, the starting 

and completion dates of the employee’s 

academic program, the name and 

address of the academic institution, the 

number of credits in the student’s 

academic program plan and the cost of 

the education covered by the academic 

program plan. Records may include 

memoranda submitted by the 

employees, calculations for the service 

obligations, copies of letters and 

memoranda from employees making the 

requests and in correspondence to 

employees and appropriate local 

program officials delineating the 

decisions on such requests. 

AUTHORITY FOR MAINTENANCE OF THE SYSTEM: 

Title 38, U.S.C. Sections 501, 503, 

7451, 7452, and 7431–7440. 

PURPOSE(S): 

The records and information may be 

used for determining and documenting 

individual applicant eligibility for 

scholarship awards, calculating the 

service commitments for scholarship 

recipients, ensuring program financial 

accountability, monitoring individual 

applicant educational progress, 

monitoring the employment status of 

scholarship recipients during their 

periods of obligated service, terminating 

the employee from the program, and 

evaluating and reporting program 

results and effectiveness. The 

information would be used to determine 

the financial liability of individuals who 

breach their EISP contracts. 

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 


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routine use unless there is also specific 

statutory authority in 38 U.S.C. 7332 

and regulatory authority in 45 CFR Parts 

160 and 164 permitting disclosure. 

1. Disclosure of any information in 

this system that is necessary to verify 

authenticity and completeness of the 

application may be made to educational 

institutions and other relevant 

organizations or individuals. 

2. Disclosure of any information in 

this system may be made to a Federal 

agency in order to determine if an 

applicant has an obligation for service 

under another Federal program, thus 

rendering the applicant ineligible for a 

VA Employee Incentive Scholarship 

Program Award. 

3. Disclosure of an information in this 

system may be made to the local 

supervisory officials and program 

coordinators to ensure that individual 

data in the system of records is up to 

date and that award recipients are in 

compliance with the terms of the 

scholarship program contract. 

4. Any information in this system may 

be used to evaluate and report program 

results and effectiveness to appropriate 

officials including members of Congress 

on a routine and ad hoc basis. 

5. Disclosure of information in this 

system may be made to a member of 

Congress or staff person acting for the 

member when the member or staff 

person requests the records on behalf of 

and at the request of that individual. 

6. Disclosure of information may be 

made to the National Archives and 

Records Administration (NARA) and the 

General Services Administration (GSA) 

in records management inspections 

conducted under authority of Title 44, 

United States Code. 

7. Disclosure of information to the 

FLRA (including its General Counsel) 

when requested in connection with the 

investigation and resolution of 

allegations of unfair labor practices, in 

connection with matters before the 

Federal Service Impasses Panel, and to 

investigate representation petitions and 

conduct or supervise representation 

elections. 

8. Disclosure may be made to officials 

of labor organizations recognized under 

5 U.S.C. chapter 71 when relevant and 

necessary to their duties of exclusive 

representation concerning personnel 

policies, practices, and matters affecting 

working conditions. 

9. Disclosure may be made to officials 

of the Merit Systems Protection Board, 

including the Office of the Special 

Counsel, when requested in connection 

with appeals, special studies of the civil 

service and other merit systems, review 

of rules and regulations, investigation of 

alleged or possible prohibited personnel 

practices, and such other functions 

promulgated in 5 U.S.C. 1205 and 1206, 

or as may be authorized by law. 

10. Disclosure may be made to the 

Equal Employment Opportunity 

Commission when requested in 

connection with investigations of 

alleged or possible discrimination 

practices, examination of Federal 

affirmative employment programs, 

compliance with the Uniform 

Guidelines of Employee Selection 

Procedures, or other functions vested in 

the Commission by the President’s 

Reorganization Plan No. 1 of 1978. 

11. 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 

DoJ is a use of the information 

contained in the records that is 

compatible with the purpose for which 

VA collected the records. VA, on its 

own initiative, may disclose records in 

this system of records in legal 

proceedings before a court or 

administrative body after determining 

that the disclosure of the records to the 

court or administrative body is a use of 

the information contained in the records 

that is compatible with the purpose for 

which VA collected the records. 

12. Disclosure of relevant information 

may be made to individuals, 

organizations, private or public 

agencies, or other entities with whom 

VA has a contract or agreement or where 

there is a subcontract to perform such 

services as VA may deem practicable for 

the purposes of laws administered by 

VA, in order for the contractor or 

subcontractor to perform the services of 

the contract or agreement. 

13. VA may disclose on its own 

initiative any information in the system, 

except the names and home addresses of 

veterans and their dependents, that is 

relevant to a suspected or reasonably 

imminent violation of the law whether 

civil, criminal, or regulatory in nature 

and whether arising by general or 

program statute or by regulation, rule, or 

order issued pursuant thereto, to a 

Federal, state, local, tribal, or foreign 

agency charged with the responsibility 

of investigating or prosecuting such 

violation, or charged with enforcing or 

implementing the statute, regulation, 

rule, or order. VA may also disclose on 

its own initiative the names and 

addresses of veterans and their 

dependents to a Federal agency charged 

with the responsibility of investigating 

or prosecuting civil, criminal, or 

regulatory violations of law, or charged 

with enforcing or implementing the 

statute, regulation, or order issued 

pursuant thereto. 

14. Disclosure to other Federal 

agencies may be made to assist such 

agencies in preventing and detecting 

possible fraud or abuse by individuals 

in their operations and programs. 

15. VA may, on its own initiative, 

disclose any information or records to 

appropriate agencies, entities, and 

persons when (1) VA suspects or has 

confirmed that the integrity or 

confidentiality of information in the 

system of records has been 

compromised; (2) the Department has 

determined that as a result of the 

suspected or confirmed compromise, 

there is a risk of embarrassment or harm 

to the reputations of the record subjects, 

harm to economic or property interests, 

identity theft or fraud, or harm to the 

security, confidentiality, or integrity of 

this system or other systems or 

programs (whether maintained by the 

Department or another agency or entity) 

that rely upon the potentially 

compromised information; and (3) the 

disclosure is to agencies, entities, or 

persons whom VA determines are 

reasonably necessary to assist or carry 

out the Department’s efforts to respond 

to the suspected or confirmed 

compromise and prevent, minimize, or 

remedy such harm. This routine use 

permits disclosures by the Department 

to respond to a suspected or confirmed 

data breach, including the conduct of 

any risk analysis or provision of credit 

protection services as provided in 38 

U.S.C. 5724, as the terms are defined in 

38 U.S.C. 5727. 

DISCLOSURE TO CONSUMER REPORTING

AGENCIES: 

Pursuant to 5 U.S.C. 552a(b)(2), VA 

may disclose records from this system to 

consumer reporting agencies as defined 

in the Fair Credit Reporting Act (15 

U.S.C. 1681a(f) or the Federal Claims 

Collection Act of 1966 (31 U.S.C. 

3701(a)(3)). 

POLICIES AND PRACTICES FOR STORING, 

RETRIEVING, ACCESSING, RETAINING, AND

DISPOSING OF RECORDS IN THE SYSTEM: 

STORAGE: 

Records are maintained on paper, 

electronic media and computer 

printouts. 

RETRIEVABILITY: 

Records are retrieved by use of the 

award number or an equivalent 

participant account number assigned by 


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HCSDRO, social security number and 

the name of the individual. 

SAFEGUARDS: 

Access to the basic file in HCSDRO is 

restricted to authorized VA employees 

and vendors. Access to the office spaces 

where electronic media is maintained 

within HCSDRO is further restricted to 

specifically authorized employees and 

is protected by contracted building 

security services. Records (typically 

computer printouts) at HCSDRO will be 

kept in locked files and made available 

only to authorized personnel on a needto-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, passwordprotected, secure local area network 

(LAN) located within HCSDRO office 

spaces and safeguarded as described 

above. Records stored on electronic 

media at Veterans Integrated Service 

Network (VISN) Offices, VA health care 

facilities, and the Austin Automated 

Center in Austin, Texas are provided 

equivalent safeguards subject to local 

policies mandating protection of 

information subject to Federal 

safeguards. 

RETENTION AND DISPOSAL: 

Records will be maintained and 

disposed of in accordance with records 

disposition authority approved by the 

Archivist of the United States. 

SYSTEM MANAGER(S) AND ADDRESS: 

Director, Health Care Staff 

Development and Retention Office 

(10A2D), Veterans Health 

Administration, Department of Veterans 

Affairs, 1555 Poydras Street, Suite 1971, 

New Orleans, Louisiana 70112. 

NOTIFICATION PROCEDURE: 

Any individual who wishes to 

determine whether a record is being 

maintained in this system under his or 

her name or other personal identifier, or 

wants to determine the contents of such 

records, should submit a written request 

or apply in person to the Director, 

Health Care Staff Development and 

Retention Office, Veterans Health 

Administration, Department of Veterans 

Affairs, 1555 Poydras Street, Suite 1971, 

New Orleans, Louisiana 70112. 

RECORD ACCESS PROCEDURE: 

Individuals seeking information 

regarding access to and contesting of VA 

records in this system may write, call or 

visit the Director, Health Care Staff 

Development and Retention Office 

(10A2D), Veterans Health 

Administration, Department of Veterans 

Affairs, 1555 Poydras Street, Suite 1971, 

New Orleans, Louisiana 70112. The 

telephone number is (504) 589–5267. 

CONTESTING RECORD PROCEDURES: 

(See Record Access Procedures 

above.) 

RECORD SOURCE CATEGORIES: 

Information contained in the records 

is obtained from the individual, 

references given in application material, 

educational institutions, VA medical 

facilities, the VA AAC, other Federal 

agencies, state agencies and consumer 

reporting agencies. 

[FR Doc. 2010–1294 Filed 1–22–10; 8:45 am] 

BILLING CODE 8320–01–P 


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