Home > 1995 Privacy Act Documents > Privacy Act: [ 07VA138] Department of Medicine and Surgery Engineering Employee Management Information Records-VA....

Privacy Act: [ 07VA138] Department of Medicine and Surgery Engineering Employee Management Information Records-VA....


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    verification. Magnetic disc and tape records are updated weekly and 
    retained for various periods from 3 months up to 2 years after which 
    time they are destroyed.
System manager(s) and address: Chief, Project Management Division (313), 
    Office of Data Management and Telecommunications, VA Central Office, 
    Washington, DC 20420.
Notification procedures:An individual seeking information concerning the 
    existence and contents of a record pertaining to himself or herself 
    should submit a written request or apply in person to the Director 
    of Data Processing where either previously or currently employed. VA 
    Central Office personnel should submit a written request or apply in 
    person to their Service or Staff Office Director where previously or 
    currently employed. Inquiries should include the individual's full 
    name and TRIMS identification, if known, and approximate dates of 
    employment.
Record access procedures: Individuals or their authorized 
    representatives seeking information regarding access to and 
    contesting of their TRIMS Record may contact the Director of the 
    ODM&T Central Office, Service/Staff Office of VA Data Processing 
    Center where the individual is (was) employed.
Contesting record procedures: (See Record Access Procedures above.)
Record source categories: Project budget and project objective by 
    supervisor/individual, individual workload data by individual.

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VETERANS AFFAIRS DEPARTMENT

 11VA51

System name: Investigation Reports of Persons Allegedly Involved 
      in Irregularities Concerning VA Laws, Regulations, Etc.--VA 
      (11VA51).

System location: 
  Inspector General, Office of Investigations (51), Washington, DC 
  20420.
Categories of individuals covered by the system: 
  The following categories of individuals will be covered by the system: 
  (1) Employees, (2) veterans and, (3) third parties such as 
  contractors, who conduct official business with the VA.
Categories of records in the system: 
  Records (or information contained in records) in this system include 
  reports of investigation of the Office of Inspector General. These 
  reports may include (1) a narrative summary or synopsis; (2) exhibits; 
  (3) internal documentation and memoranda, and (4) affidavits. The name 
  of the subject of an investigation, station at which an investigation 
  took place, Inspector General's investigation number, time period 
  investigation took place, and the Inspector General's recommended 
  action are maintained on a file card. A summary of the report of 
  investigation is also maintained.
Authority for maintenance of the system: 
  Title 38, U.S.C. 210(c)(1); title 5, U.S.C., Appendix 1, section 7(a).
Routine uses of records maintained in the system, including categories 
    of users and the purposes of such uses: 
  1. The record of an individual who is covered by this system may be 
  disclosed 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.
  2. Any information in this system may be disclosed to a Federal 
  agency, upon its official request, to the extent that it is relevant 
  and necessary to that agency's decision regarding: The hiring, 
  retention or transfer of an employee, the issuance of a security 
  clearance, the letting of a contract, or the issuance or continuance 
  of a license, grant or other benefit given by that agency. However, in 
  accordance with an agreement with the U.S. Postal Service, disclosures 
  to the U.S. Postal Service for decisions concerning the employment of 
  veterans will only be made with the veteran's prior written consent.
  3. Any information in this system may be disclosed to a State or local 
  agency, upon its official request, to the extent that it is 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 or continuance of a license, 
  grant or other benefit by the agency; provided, that if the 
  information pertains to a veteran, the name and address of the veteran 
  will not be disclosed unless the name and address is provided first by 
  the requesting State or local agency.
  4. Any information in this system, except the name and address of a 
  veteran may be disclosed to a Federal, State or local agency 
  maintaining civil or criminal violation records, or other pertinent 
  information such as prior employment history, prior Federal employment 
  background investigations, and/or personal or educational background 
  in order for the VA to obtain information relevant to the hiring, 
  transfer or retention of an employee, the letting of a contract, the 
  granting of a security clearance, or the issuance of a grant or other 
  benefit. The name and address of a veteran may be disclosed to a 
  Federal agency under this routine use if this information has been 
  requested by the Federal agency in order to respond to the VA inquiry.
  5. Any information in this system, except the name and address of a 
  veteran, which is relevant to a suspected violation or reasonably 
  imminent violation of 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, may be disclosed to 
  a Federal, State, local 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 issued pursuant thereto.
  6. The name and address of a veteran, which is relevant to a suspected 
  violation or reasonably imminent violation of 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, may be disclosed to a Federal agency charged with the 
  responsibility of investigating or prosecuting such violation, or 
  charged with enforcing or implementing the statute, regulation, rule 
  or order issued pursuant thereto, in response to its official request.
  7. The name and address of a veteran, which is relevant to a suspected 
  violation or reasonably imminent violation of law concerning public 
  health or safety, whether civil, criminal or regulatory in nature and 
  whether arising by general or program statute or by regulation, rule 
  or order issued pursuant thereto, may be disclosed to any foreign 
  State or local governmental agency or instrumentality charged under 
  applicable law with the protection of the public health or safety if a 
  qualified representative of such organization, agency or 
  instrumentality has made a written request that such name and address 
  be provided for a purpose authorized by law.
  8. Any information in this system may be disclosed to a Federal grand 
  jury, a Federal court or a party in litigation, or a Federal agency or 
  party to an administrative proceeding being conducted by a Federal 
  agency, in order for the VA to respond to and comply with the issuance 
  of a Federal subpoena.
  9. Any information in this system may be disclosed to a State or 
  municipal grand jury, a State or municipal court or party in 
  litigation, or to a State or municipal administrative agency 
  functioning in a quasi-judicial capacity or a party to a proceeding 
  being conducted by such agency, in order for the VA to respond to and 
  comply with the issuance of a State or municipal subpoena; provided, 
  that any disclosure of claimant information concerning a veteran-
  claimant made under this routine use must comply with the provisions 
  of 38 CFR 1.511.
  10. Any information in this system may be disclosed to the Office of 
  Special Counsel, upon its official request, when required for the 
  Special Counsel's review of the complainant's allegations of 
  prohibited personnel practices.
  11. The name, address, and other identifying data, including title, 
  date and place of birth, Social Security number, and summary 
  information concerning an individual who, for fraudulent or deceitful 
  conduct either as an employee or while conducting or seeking to 
  conduct business with the Agency, has been convicted of violating 
  Federal or State law or has been debarred or suspended from doing 
  business with the VA, may be furnished to other Federal agencies to 
  assist such agencies in preventing and detecting possible fraud or 
  abuse by such individual in their operations and programs. This 
  routine use applies to all information in this System of Records which 
  can be retrieved by name or by some identifier assigned to an 
  individual, regardless of whether the information concerns the 
  individual in a personal or in an entrepreneurial capacity.
  12. Records from this system of records may be disclosed 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 nongovernment entity 
  which 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 , in order for the Agency to obtain 
  information relevant to an Agency decision concerning the hiring, 
  retention or termination of an employee or to inform a Federal Agency 
  or licensing boards or the appropriate nongovernment 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.
  13. Identifying information in this system, including name, address, 
  social security number and other information as is reasonably 
  necessary to identify such individual, may be disclosed to the 
  National Practitioner Data Bank at the time of hiring and/or clinical 
  privileging/reprivileging 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/
  reprivileging, retention or termination of the applicant or employee.
  14. Relevant information from this system of records may be disclosed 
  to the National Practitioner Data Bank and/or State Licensing Board in 
  the State(s) in which a practitioner is licensed, in which the VA 
  facility is located, and/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 which 
  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 agency policy that payment was related to substandard 
  care, professional incompetence or professional misconduct on the part 
  of the individual; (2) a final decision which 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.
Policies and practices for storing, retrieving, accessing, retaining, 
    and disposing of records in the system: 
Storage: 
  Records are maintained in individual file folders and on file cards.
Retrievability: 
  File cards may be indexed by the last name of the subject(s) of an 
  investigation. File folders containing reports of investigation and 
  summaries of the reports are individually retrievable by means of a 
  cross indexing with the file cards.
Safeguards: 
  Access to the file folders and file cards (which are kept in cabinets) 
  is restricted to authorized personnel on a need-to-know basis. The 
  file room and cabinets are locked after duty hours, and the building 
  is protected from unauthorized access by a protective service.
Retention and disposal: 
  Investigation reports are maintained by the Office of Inspector 
  General until final action is taken. Once final action has been taken, 
  the report is to the VACO Records Management Section where it is 
  maintained for 5 years. It is then forwarded to the Federal Records 
  Center where it is maintained for 25 years and then destroyed by 
  shredding. File cards and summaries of all investigations are 
  maintained by the Office of Inspector General for 30 years and then 
  destroyed by shredding.
System manager(s) and address: 
  Assistant Inspector General for Investigations (51), VA Central 
  Office, Washington, DC 20420.
Notification procedure: 
  An individual who wishes to determine whether a record is being 
  maintained by the Assistant Inspector General for Investigations under 
  his or her name in this system or wishes to determine the contents of 
  such records should submit a written request or apply in person to the 
  Assistant Inspector General for Investigations (51). However, a 
  majority of records in this system are exempt from the notification 
  requirement under 5 U.S.C. 552a (j) and (k). To the extent that 
  records in this system of records are not subject to exemption, they 
  are subject to notification. A determination as to whether an 
  exemption applies shall be made at the time a request for notification 
  is received.
Record access procedures: 
  An individual who seeks access to or wishes to contest records 
  maintained under his or her name in this system may write, call or 
  visit the Assistant Inspector General for Investigations (51). 
  However, a majority of records in this system are exempt from the 
  record access and contesting requirements under 5 U.S.C. 552a (j) and 
  (k). To the extent that records in this system of records are not 
  subject to exemption, they are subject to access and contest. A 
  determination as to whether an exemption applies shall be made at the 
  time a request for access or contest is received.
Contesting record procedures: 
  (See Record access procedures above.)
Record source categories: 
  Information is obtained from third-party organizations such as schools 
  and financial institutions, VA employees, veterans and VA records.
Systems exempted from certain provisions of the act: 
  Under 5 U.S.C. 552a(j)(2), the head of any agency may exempt any 
  system of records within the agency from certain provisions of the 
  Privacy Act, if the agency or component that maintains the system 
  performs as its principal function any activities pertaining to the 
  enforcement of criminal laws. The Inspector General Act of 1978, Pub. 
  L. 95-452, mandates the Inspector General to recommend policies for, 
  and to conduct, supervise and coordinate activities in the Veterans 
  Administration and between the Veterans Administration and other 
  Federal, State and local governmental agencies with respect to all 
  matters relating to the prevention and detection of fraud programs and 
  operations administered or financed by the Veterans Administration and 
  to the identification and prosecution of participants in such fraud. 
  Under the Act, whenever the Inspector General has reasonable grounds 
  to believe there has been a violation of Federal criminal law, the 
  Inspector General must report the matter expeditiously to the Attorney 
  General.
  This system of records has been created in major part to support the 
  criminal law-related activities assigned by the Inspector General to 
  the Office of Investigations. These activities constitute the 
  principal function of this staff.
  In addition to principal functions pertaining to the enforcement of 
  criminal laws, the Inspector General may receive and investigate 
  complaints or information from various sources concerning the possible 
  existence of actvities constituting noncriminal violations of law, 
  rules or regulations, or mismanagement, gross waste of funds, abuses 
  of authority or substantial and specific danger to the public and 
  safety. This system of records also exists to support inquiries by the 
  Assistant Inspector General for Investigations into these noncriminal 
  violation types of activities.
  Based upon the foregoing, the Administrator of Veterans Affairs has 
  exempted this system of records, to the extent that it encompasses 
  information pertaining to criminal law-related activities, from the 
  following provisions of the Privacy Act of 1974, as permitted by 5 
  U.S.C. 552a(j)(2):
    5 U.S.C. 552a(c) (3) and (4);
    5 U.S.C. 552a(d);
    5 U.S.C. 552a(e) (1), (2) and (3);
    5 U.S.C. 552a(e)(4) (G), (H) and (I);
    5 U.S.C. 552a(e) (5) and (8);
    5 U.S.C. 552a(f);
    5 U.S.C. 552a(g).
  The Administrator of Veterans Affairs has exempted this system of 
  records, to the extent that it does not encompass information 
  pertaining to criminal law-related activities under 5 U.S.C. 
  552a(j)(2), from the following provisions of the Privacy Act of 1974, 
  as permitted by 5 U.S.C. 552a(k)(2):
    5 U.S.C. 552a(c)(3);
    5 U.S.C. 552a(d);
    5 U.S.C. 552a(e)(1);
    5 U.S.C. 552a(e)(4) (G), (H) and (I);
    5 U.S.C. 552a(f).
  Reasons for exemptions: The exemption of information and material in 
  this system of records is necessary in order to accomplish the law 

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