<?xml version="1.0" encoding="UTF-8"?>

<pai>
<agency toc="yes">
<name>Department of Veterans Affairs</name>
<abbrev>
VA
</abbrev>
	<previouslyPublished>
<url>https://www.gpo.gov/fdsys/pkg/FR-2016-01-22/pdf/2016-01224.pdf</url>
<title>87005OP, Customer User Provisioning System (CUPS)-VA</title>
<date year="2016" month="1" day="22"/>
</previouslyPublished>

    <previouslyPublished>
        <url>https://www.gpo.gov/fdsys/pkg/FR-2016-01-29/pdf/2016-01701.pdf</url>
        <title>152VA10P6, Ethics Consultation Web-basedDatabase (ECWeb)-VA</title>
        <date year="2016" month="1" day="29"/>
    </previouslyPublished>
    
    <previouslyPublished>
        <url>https://www.gpo.gov/fdsys/pkg/FR-2016-06-07/pdf/2016-13378.pdf</url>
        <title>64VA10RCS, Readjustment Counseling Service (RCS) Vet Center Program-VA</title>
        <date year="2016" month="6" day="7"/>
    </previouslyPublished>

    <previouslyPublished>
        <url>https://www.gpo.gov/fdsys/pkg/FR-2016-07-14/pdf/2016-16640.pdf</url>
        <title>Enrollment and Eligibility Records-VA,147VA10NF1 </title>
        <date year="2016" month="7" day="14"/>
    </previouslyPublished>
    <previouslyPublished>
        <url>https://www.gpo.gov/fdsys/pkg/FR-2016-08-17/pdf/2016-19591.pdf</url>
        <title>VA National Cemetery Pre-Need Eligibility Determination Records-VA,175VA41A  </title>
        <date year="2016" month="8" day="17"/>
    </previouslyPublished>
    <previouslyPublished>
        <url>https://www.gpo.gov/fdsys/pkg/FR-2016-08-24/pdf/2016-20217.pdf</url>
        <title>My HealtheVet Administrative Records-VA,130VA10P2  </title>
        <date year="2016" month="8" day="24"/>
    </previouslyPublished>
    
    <previouslyPublished>
        <url>https://www.gpo.gov/fdsys/pkg/FR-2016-08-29/pdf/2016-20606.pdf</url>
        <title>Voluntary Service Records-VA,57VA10B2A</title>
        <date year="2016" month="8" day="29"/>
    </previouslyPublished>

    <previouslyPublished>
        <url>https://www.gpo.gov/fdsys/pkg/FR-2017-08-01/pdf/2017-16083.pdf</url>
        <title>Department of Veterans Affairs Federal Docket Management System Commenter Information,140VA00REG.</title>
        <date year="2017" month="08" day="1"/>
    </previouslyPublished>

    <previouslyPublished>
        <url>https://www.gpo.gov/fdsys/pkg/FR-2017-11-06/pdf/2017-24076.pdf</url>
        <title>07VA138,12VA01,28VA119, 92VA045, 122VA005P3, 123VA00VE, 124VA00VE,128VA008A,154VA53C; Rescindment of Systems of Records </title>
        <date year="2017" month="11" day="6"/>
    </previouslyPublished>


    <section id="01VA022" toc="yes">
<systemNumber>01VA022</systemNumber>
<subsection type="systemName">Accreditation Records--VA.
</subsection>
<subsection type="systemLocation"><xhtmlContent><p>Records are maintained in the Office of General Counsel (022), and in the Veterans Benefits
Administration (215A), VA Central Office, Washington, DC 20420. Records will also be maintained in
Veterans Benefits Administration Regional Offices, Regional Counsel Offices, and the Facility
Information Security Offices of the Office of Information &amp; Technology's Field Security Service.
Records also will be maintained in the Austin Information Technology Center in Austin, TX. Address
locations are listed in VA's "Facility and Locator Directory" at <i>
http://www1.va.gov/directory/guide/home.asp</i>.
</p></xhtmlContent></subsection>
<subsection type="categoriesOfIndividuals"><xhtmlContent><p>(1) Persons who have applied for accreditation by VA, are currently accredited by VA, or
were previously accredited by VA to represent claimants as claims agents or attorneys; (2)
individuals who have applied for accreditation by VA, are currently accredited by VA, or were
previously accredited by VA to provide representation on a particular claim; (3) individuals
recommended for VA accreditation by a recognized veterans service organization, currently accredited
by VA as a service organization representative or were previously accredited by VA as a service
organization representative; (4) claims agents, attorneys, accredited representatives, and
individuals providing representation on a particular claim who have been the subject of
correspondence, investigations, or proceedings relating to their fitness to represent claimants for
benefits before VA; and (5) individuals, acting alone, or as part of organizations, not accredited
by VA, who have been the subject of correspondence or investigations as to the legality of their
representation of claimants for VA benefits.
</p></xhtmlContent></subsection>
<subsection type="categoriesOfRecords"><xhtmlContent><p>Records (or information contained in records) in this system may include: (1) Name and other
identifying information; (2) address; (3) service organization affiliations; (4) claims agent
examination and grade; (5) correspondence concerning prospective, present, or former claims agents,
attorneys, and accredited representatives, including attorney and claims agent recommendations and
evaluations from third parties; (6) VA Forms 2-21 (former Application for Accreditation as
Service Organization Representative) 21 (Application for Accreditation as Service Organization
Representative), and 21a (Application for Accreditation as a Claims Agent or Attorney); (7)
correspondence concerning a prospective, present, or former individual providing representation in a
particular claim; (8) investigative reports, correspondence and other information concerning the
fitness of a prospective, present, or former claims agent, attorney, accredited representative, or
individual providing representation in a particular claim; (9) documents, decisions, correspondence,
and other information relating to or including the granting, denial, suspension, or cancellation of
accreditation of representatives, claims agents, or attorneys, and information concerning the
placement of representatives, claims agents, or attorneys on probation by VA or VA's issuance of a
reprimand to such an individual pertaining to conduct relating to representation of claimants for
benefits before VA; (10) information concerning an individual's  exercise of remote access
privileges to the Veterans Benefits Administration automated claim records, including identification
codes and codes used to access various VA automated communications systems and records systems, as
well as security profiles and possible security violations; (11) information, documents,
correspondence, and decisions relating to the application for, and the grant, denial, suspension, or
revocation of an individual's privilege of remote access to Veterans Benefits Administration
automated claim records; (12) information, documents, correspondence, and decisions regarding the
legality of representation provided to claimants seeking benefits by unaccredited individuals.
</p></xhtmlContent></subsection>
<subsection type="authorityForMaintenance"><xhtmlContent><p>Title 38, United States Code, Sections 501(a), 5901, 5902, 5903 and 5904.
</p></xhtmlContent></subsection>
<subsection type="purpose"><xhtmlContent><p>The information collected in the system is used to ensure that claimants for veterans
benefits have qualified, competent representation. The information will be used to determine whether
a person is qualified to represent claimants before VA and, once accredited, whether a person may
continue to represent claimants before VA.
</p></xhtmlContent></subsection>
<subsection type="routineUsesOfRecords"><xhtmlContent><p>1. The record of an individual who is covered by this system may be disclosed to a member of
Congress, or a staff person acting for the member, when the member or staff person requests the
record on behalf of and at the request of that individual.
</p><p>2. 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
statute, 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.
</p><p>3. 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 or order issued pursuant thereto,
in response to its official request.
</p><p>4. 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 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.
</p><p>5. The name, business address, phone number, and service organization affiliation(s) of claims
agents, attorneys, and accredited representatives may be disclosed to requesting service
organizations, claimants for benefits, and the general public in order to aid the requestor in
verifying the identity and service organization affiliation of the accredited representative.
</p><p>6. Listings containing the names, business addresses, and status of accreditation of present and
former accredited representatives may be provided to recognized service organizations.
</p><p>7. The name and address of a prospective, present, or former accredited representative, and any
information concerning such accredited representative which is relevant to a refusal to grant
accreditation, or a potential or past suspension or termination of accreditation of such
representative, may be disclosed to the service organization(s) with whom the representative is
affiliated.
</p><p>8. 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 also 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.
</p><p>9. VA may disclose the name and address of any prospective, present, or former accredited
representative, claims agent, or attorney, and any information concerning such individual that
relates to unlawful, unprofessional, or unethical actions by that individual or to VA's denial,
cancellation, suspension or termination of an individual's VA accreditation, or to both, where
applicable, to employing entities and State and Federal licensing organizations when such
information may be relevant to the initial or continued employment or licensing of a prospective,
present, or former accredited representative, claims agent, or attorney by an employing entity or
licensing organization. VA will not disclose the names and home addresses of claimants and their
dependents to licensing organizations pursuant to this routine use.
</p><p>10. VA may disclose the name and address of any prospective, present, or former accredited
representative, claims agent, or attorney, and any information concerning such individual that
relates to unlawful, unprofessional, or unethical actions by that individual or to VA's denial,
cancellation, suspension or termination of an individual's VA accreditation, or to both, where
applicable, to other Federal and State agencies and to Federal courts when such information may be
relevant to the individual's provision of representational services before such agency or court. VA
will not disclose the names and home addresses of claimants and their dependents pursuant to this
routine use.
</p><p>11. Disclosure may be made to the National Archives and Records Administration (NARA) and the
General Services Administration (GSA) in records management inspections conducted under the
authority of chapter 29 of title 44, United States Code.
</p><p>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.
</p><p>13. 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.
</p><p>14. 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.
</p><p>15. VA may disclose the name, address, date of birth, and any other identifying information of any prospective, present, or former accredited representative, claims agent, attorney, or individual providing representation on a particular claim to a third-party individual or entity for the purpose of conducting a background check or to obtain information about the individual's present or past conduct, activities, licenses, or other information that may have a bearing on a determination of the individual's fitness to represent or to continue representing claimants before VA.
</p><p>16. VA may disclose the name and address of any prospective, present, or former accredited representative, claims agent, attorney, or individual providing representation on a particular claim who is the subject of correspondence, an investigation, or a proceeding relating to his or her fitness to represent claimants for VA benefits, and any information concerning such individual that relates to unlawful, unprofessional, or unethical actions by that individual or to VA's possible denial, cancellation, suspension, or termination of the individual's VA accreditation, or to both, where applicable, to an individual or entity from whom VA has received a credible written complaint about the accredited individual's fitness to represent VA claimants.
</p><p>17. VA may disclose the name and address of any individual (acting alone or as part of an organization) not accredited by VA who is the subject of correspondence, an investigation, or proceeding relating to the legality of representation provided by such individual to claimants for VA benefits, and any information concerning such individual that relates to unlawful, unprofessional, or unethical actions by that individual to an individual or entity from whom VA has received a credible written complaint about the legality of representation provided by the non-accredited individual.
</p></xhtmlContent></subsection>
<subsection type="policiesAndPractices"><xhtmlContent><p>Storage:</p>
<p>Active records are maintained in individual folders stored in file cabinets. File cards with
name and business addresses of individuals previously covered by this system are maintained in file
cabinets; these records and those of newly accredited persons are also maintained in an electronic
database. Listings of claim agents, attorneys, and accredited representatives are maintained both on
magnetic disk and in hard copy in file cabinets. Identification codes and codes used to access
various VA automated communications systems and records systems, as well as security profiles and
possible security violations, are maintained on magnetic media in a secured environment within VA
workspaces. Hard copies are maintained in locked containers.
</p></xhtmlContent></subsection>
<subsection type="retrievability"><xhtmlContent><p>Records and electronic files are maintained in alphabetical order by last name of the
individuals covered by this system. A searchable list of claims agents, attorneys, and accredited
representatives is available at OGC's internet Web site <i>
http://www.va.gov/ogc/apps/accreditation/index.html.</i> Information concerning possible security
violations associated with exercise or remote access privileges is retrieved by individual
assignment numbers. Information concerning individual security profiles and codes assigned to an
individual for that person to obtain access to various computer systems is retrieved by the
individual's assignment number.
</p></xhtmlContent></subsection>
<subsection type="safeguards"><xhtmlContent><p>1. This list of safeguards furnished in this System of Record is not an exclusive list of
measures that has been, or will be, taken to protect individually-identifiable information.
</p><p>VA will maintain the data in compliance with applicable VA security policy directives that
specify the standards that will be applied to protect sensitive personal information. Security
complies with applicable Federal Information Processing Standards (FIPS) issued by the National
Institute of Standards and Technology (NIST). Access to and use of these records are limited to
those persons whose official duties require such access. Personnel screening is employed to prevent
unauthorized disclosure.
</p><p>2. Access to Automated Data Processing files is controlled at two levels: (1) Terminals, central
processing units, and peripheral devices are generally placed in secure areas (areas that are locked
or have limited access) or are otherwise protected; and (2) the system recognizes authorized users
by means of an individually unique password entered in combination with an individually unique user
identification code.
</p><p>3. Access to automated records concerning identification codes and codes used to access various
VA automated communications systems and records systems, as well as security profiles and possible
security violations is limited to designated automated systems security personnel who need to know
the information in order to maintain and monitor the security of the VA's automated communications
and veterans' claim records systems. Access to these records in automated form is controlled by
individually unique passwords/codes. Agency personnel may have access to the information on a need
to know basis when necessary to advise agency security personnel or for use to suspend or revoke
access privileges or to make disclosures authorized by a routine use.
</p><p>4. Access to VA facilities where records, identification codes, passwords, security profiles and
possible security violations are maintained is controlled at all hours by the Federal Protective
Service, VA, or other security personnel and security access control devices.
</p></xhtmlContent></subsection>
<subsection type="retentionAndDisposal"><xhtmlContent><p>VA maintains and disposes of records in accordance with records disposition authority
approved by the Archivist of the United States.
</p></xhtmlContent></subsection>
<subsection type="systemManager"><xhtmlContent><p>Assistant General Counsel (022), 810 Vermont Ave., NW., Washington, DC 20420; Director,
Compensation and Pension Service (21), 810 Vermont Ave., NW., Washington, DC 20420.
</p></xhtmlContent></subsection>
<subsection type="notificationProcedure"><xhtmlContent><p>An individual who wishes to determine whether a record is being maintained by the Assistant
General Counsel under his or her name or other personal identifier, or wants to determine the
contents of such records should submit a written request to the Assistant General Counsel (022), 810
Vermont Ave., NW., Washington, DC 20420. For requests concerning remote access program records, an
individual should submit a written request to the Director, Compensation and Pension Service (21),
810 Vermont Ave., NW., Washington, DC 20420.
</p></xhtmlContent></subsection>
<subsection type="recordAccessProcedures"><xhtmlContent><p>Individuals seeking copies of records under this system that pertain to themselves, or
seeking to amend such records, should make those requests under the Privacy Act. Individuals seeking
copies of records pertaining to others should request them under the Freedom of Information Act. All
such requests must contain a reasonable description of the records requested and should be in
writing, over the original, handwritten signature of the requester, and should be mailed to: FOIA/PA
Officer (026G), Office of General Counsel, 810 Vermont Ave., NW., Washington, DC 20420. For requests
concerning remote access program records, an individual should submit a written request to: FOIA/PA
(20M33), Veterans Benefits Administration, 810 Vermont Ave., NW., Washington, DC 20420.
</p></xhtmlContent></subsection>
<subsection type="contestingRecordProcedures"><xhtmlContent><p>See Records Access Procedures above.
</p></xhtmlContent></subsection>
<subsection type="recordSourceCategories"><xhtmlContent><p>Applications for accreditation of individuals, correspondence with and updates from
accredited individuals, investigative materials, and recommendations and correspondence from service
organizations and third parties.
</p></xhtmlContent></subsection>
<subsection type="exemptionsClaimed"><xhtmlContent><p>None.
</p></xhtmlContent></subsection></section>
<section id="02VA135" toc="yes">
<systemNumber>02VA135</systemNumber>
<subsection type="systemName">Applicants for Employment under Title 38, USC-VA
</subsection>
<subsection type="systemLocation"><xhtmlContent><p>VA health care facilities to which the applicant applied (address
locations are listed in VA Appendix at the end of this document), except that, for physician,
dentist, pharmacist, licensed physical therapist, and occupational therapist applicants, records may
also be retained by the VA Delegated Examining Unit, 1201 Broad Rock Road, Richmond, Virginia 23224
-0269. For Canteen Management Training Program applicants, records will be retained only at
the Veterans Canteen Service (133A1), Department of Veterans Affairs, 810 Vermont Avenue, NW,
Washington, DC 20420. Records resulting from drug testing may be retained by the VA (e.g., by the VA
Medical Review Official) and/or bya contractor laboratory.
</p></xhtmlContent></subsection>
<subsection type="categoriesOfIndividuals"><xhtmlContent><p>Applicants for appointments under
authority of 38 U.S.C. Chapter 73 are covered by this system. This includes candidates such as
physicians, dentists, podiatrists, optometrists, nurses, nurse anesthetists, physician assistants,
expanded-function dental auxiliaries, pharmacists, certified respiratory therapy technicians,
registered respiratory therapists, licensed physical therapists, occupational therapists, and
licensed practical or vocational nurses. Applicants for appointment under 38 U.S.C. Chapter 75 in
the Veterans Canteen Service are also covered.
</p></xhtmlContent></subsection>
<subsection type="categoriesOfRecords"><xhtmlContent><p>Records maintained in this system include: (1)
Records of persons who have applied for Federal employment relating to their education and training;
licensure, registration or certification by State licensing boards and/or national certifying
bodies, including any finding of facts, evidence and any other related documents, relating to a
disciplinary action; prior and/or current clinical privileges; employment history, appraisals of
past performance; medical records; convictions of offenses against the law; appraisals of potential;
honors, awards or fellowships; military service; veteran preference; birthplace; birth date; social
security number; and home address. (2) Records resulting from the testing of the applicant for use
of illegal drugs under Executive Order 12564. Such records may be retained by the VA (e.g., by the
VA Medical Review Official) or by a contractor laboratory. This includes records of negative
results, confirmed or unconfirmed positive test results, and lists of who have been tested, who
failed to report for testing, and related documents.
</p></xhtmlContent></subsection>
<subsection type="authorityForMaintenance"><xhtmlContent><p>Executive Order 12564; Urgent Relief for the
Homeless Supplemental Appropriations Act of 1987; Pub. L. 100-71, section 503, 101 Stat. 468
(1987); and Title 38, United States Code, Chapter 3, section 210(c)(1); Chapter 73, section 4108 and
Chapter 75, section 4202.
</p></xhtmlContent></subsection>
<subsection type="routineUsesOfRecords"><xhtmlContent><p>Except for Routine Use 8, no other Routine Use for this system of records applies to records
included in Item (2) in the Categories of Records in the System section of this notice. Drug test
results may not be releasedunder any other routine use.
</p><p>1. In the event that a system of records maintained by this agency to carry out its function
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, the relevant records in the system of records may be referred, as a
routine use, to the appropriate agency. whether Federal, State, local or foreign, charged witn the
responsibility of investigation or prosecuting such violation or charged with enforcing or
implementing the statute, or rule, regulation or order issued pursuant thereto.
</p><p>2. A record from this system of records may be disclosed as a "routine use. to a Federal, State,
or local agency maintaining civil, criminal or other relevant information, such as current licenses,
if necessary to obtain information relevant to an agency decision concerning the hiring or retention
of an employee, the issuance of a security clearance, the letting of a contract, or the issuance of
a license, grant or other benefit.
</p><p>3. A record from this system of records may be disclosed to a Federal, local or State agency, in
response to its request, in connection with the hiring or retention of an employee, the issuance of
a security clearance, the reporting of an investigation of an employee, the letting of a contract,
or the issuance of a license, grant, or other benefit by the requesting agency, to the extent that
the information is relevant and necessary to the requesting agency's decision on the matter.
</p><p>4. To provide statistical and other information in response to other legitimate and reasonable
requests as approved by appropriate VA authorities, such as the release of information under the
Freedom of Information Act.
</p><p>5. Disclosure may be made to a congressional office from the record of an individual in response
to an inquiry from the congressional office made at the request of that individual.
</p><p>6. Disclosure may be made to NARA (National Archives and Records Administration) and General
Services Administration (GSA) in records management inspections conducted under authority of 44
U.S.C. 2904 and 2906.
</p><p>7. 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 a 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 registrations
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.
</p><p>8. To disclose the results of a drug test of a Title 38 applicant pursuant to an order of a court
of competent jurisdiction where required by the United States Government to defend against any
challenge against any adverse personnel action.
</p><p>9. To disclose relevant information 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.
</p><p>10. To disclose information 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.
</p><p>11. To disclose information to any source when necessary to obtain information relevant to a
conflict-of-interest investigation or determination.
</p><p>12. To disclose information to the Office of Management and Budget 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.
</p><p>13. To disclose information to another Federal agency, to a court, or a party in litigation
before a court or in an administrative proceeding being conducted by a Federal agency, either when
the Government is a party to a judicial proceeding or in order to comply with the issuance of a
subpoena. Information is also made available pursuant to a court order directing production of
personnel records.
</p><p>14. To disclose information 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.
</p><p>15. To disclose information 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 on Employee
Selection Procedures, or other functions vested in the Commission by the President's Reorganization
Plan No. 1 of 1978.
</p><p>16. To disclose information to the Federal Labor Relations Authority (including its General
Counsel) when requested in connection with investigation and resolution of allegations of unfair
labor practices, in connection with the resolution of exceptions to arbitrator awards when a
question of material fact is raised and matters before the Federal Service Impasses Panel.
</p><p>17. To disclose information 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.
</p><p>18. 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.
</p><p>19. 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:
</p><p>(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;
</p><p>(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,
</p><p>(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.
</p></xhtmlContent></subsection>
<subsection type="policiesAndPractices"><xhtmlContent><p>Storage: </p><p>Paper documents.
</p></xhtmlContent></subsection>
<subsection type="retrievability"><xhtmlContent><p>Records are indexed by name or by name within geographic location proference. Drug testing
records are retrieved by name or social security number, or name or social security number by
geographic location preference.
</p></xhtmlContent></subsection>
<subsection type="safeguards"><xhtmlContent><p>Records are stored in locked file cabinets or locked rooms. Strict control measures are
enforced to ensure that access to and disclosure from these records are limited to a "need-to-know
basis." In VA Central Office and in the Delegated Examining Unit these records are maintained in
staffed rooms during working hours. During nonworking hours, there is limited access to the building
with visitor control by security personnel. Drug testing records will be maintained in accordance
with the Urgent Relief for the Homeless Supplemental Appropriations Act of 1987, Pub. L. 100-
71, section 503, 101 Stat. 468 (1987), as well as any Governmentwide guidance concerning the
protection of these records. Employee drug testing records will be maintained and used with the
highest regard for employee privacy. Contractor laboratories are subject to the same restrictions as
VA employees.
</p></xhtmlContent></subsection>
<subsection type="retentionAndDisposal"><xhtmlContent><p>Records are retained in accordance with records retention standards approved by the
Archivist of the United States, the National Archives and Records Administration, and published in
VA Records Control Schedules. Records arising in connection with employee drug testing under
Executive Order 12564 are generally retained for up to 2 years. Records are destroyed by shredding
or burning.
</p></xhtmlContent></subsection>
<subsection type="systemManager"><xhtmlContent><p>Director, Office of Personnel and Labor Relations (05), VA Central Office, 810 Vermont
Avenue, NW., Washington DC 20420.
</p></xhtmlContent></subsection>
<subsection type="notificationProcedure"><xhtmlContent><p>Individuals wishing to inquire whether this system of records contains records on them
should contact the local facility to which they applied or the Physician and Dentist Placement
Service. Individuals submitting requests should furnish identifying information as required by VA
for their records to be located and identified: (1) Full name, (2) date of birth, (3) social
security number, (4) name and location of VA facility or Physician and Dentist Placement Service
where application was submitted, (5) date of application, and (6) signature.
</p></xhtmlContent></subsection>
<subsection type="recordAccessProcedures"><xhtmlContent><p>(See Notification Procedures above.)
</p></xhtmlContent></subsection>
<subsection type="contestingRecordProcedures"><xhtmlContent><p>(See Notification Procedures above.)
</p></xhtmlContent></subsection>
<subsection type="recordSourceCategories"><xhtmlContent><p>Records in this system are obtained from VA officials and from individuals and organizations
regarding the individual's qualifications, credentials and suitability for employment, including
prior employers, education providers, state licensing boards and/or national certifying bodies, law
enforcement entities, and health care providers. Drug testing records may be obtained from the
Medical Review Official.
</p></xhtmlContent></subsection></section>
<section id="04VA10P4D" toc="yes">
<systemNumber>04VA10P4D</systemNumber>
<subsection type="systemName">Blood Donor Information-VA
</subsection>
<subsection type="systemLocation"><xhtmlContent>
<p>Blood Donor records are maintained at each of the Department of Veterans Affairs (VA) health care facilities that currently or previously collected donor blood.  Addresses are listed in VA Appendix I of the biennial publication of Privacy Act Issuances.</p>

</xhtmlContent></subsection>
<subsection type="categoriesOfIndividuals"><xhtmlContent>
<p>Individuals who donate or have donated blood at a Veterans Health Administration (VHA) health care facility or blood bank for patient care under routine or emergency conditions.</p>

</xhtmlContent></subsection>
<subsection type="categoriesOfRecords"><xhtmlContent>
<p>Blood donor records contain sufficient information (i.e., donor name, social security number, or other unique identifier, date of donation, and type of donation, type of components produced by the donation, mandated tests results, and disposition of the blood or blood component) to provide a mechanism to track a donated blood product from the time of donor registration through the final disposition of each component prepared from that donation.  For this system of record, final disposition is defined as transferred, transfused, or discarded.</p>
</xhtmlContent></subsection>
<subsection type="authorityForMaintenance"><xhtmlContent>
<p>1. Title 38, United States Code, sections 501(a) and 501(b).</p>
<p>2. Title 21, Code of Federal Regulations, parts 200–299 and parts 600–680.</p>
<p>3. Title 42, Code of Federal Regulations, section 493.1105. </p>
</xhtmlContent></subsection>
<subsection type="purpose"><xhtmlContent>
<p>The information and records are used to track the donor medical history, donation interval(s), results of donor testing, report positive or abnormal test results, and blood and/or blood components produced from the donation.</p></xhtmlContent></subsection>
<subsection type="routineUsesOfRecords"><xhtmlContent><p>
VA may disclose protected health information pursuant to the following routine uses where required by law, or required or permitted by 45 CFR parts 160 and 164.</p>
<p>1. Disclosure may be made to answer requests for information from Federal, State, local, and tribal medical facilities regarding the source from which blood was received. Such requests may be initiated by a qualified medical practitioner in the event that a donor’s or patient’s medical condition warrants it.</p>
<p>2. Disclosure may be made of blood availability, location, quantity on hand, and blood type for use by the area donor collection coordinators to answer and fill requests from health care facilities in need of type-specific blood. </p>
<p>3. VA may disclose on its own initiative any information in this system, except the names and home addresses of Veterans and their dependents, which is relevant to a suspected 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, 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.  On 
its own initiative, VA may also disclose 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, rule or order issued pursuant thereto.</p>
<p>4. Disclosure from a system of records maintained by this component may be made to a Congressional office from the record of an individual in response to an inquiry from the Congressional office made at the request of that individual.</p>
<p>5. A record from a system of records maintained by this component may be disclosed as a routine use to the General Services Administration for the purpose of records management inspections conducted under authority of Title 44 United States Code.</p>
<p>6. A record from a system of records maintained by this component may be disclosed as a routine use to the National Archives and Records Administration for the purpose of records management inspections conducted under authority of title 44 United States Code.</p>
<p>7. Disclosure of relevant information may be made to individuals, organizations, private or public agencies, etc., with whom VA has a contract or agreement 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.</p>
<p>8. 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 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 that is compatible with the purpose for which VA collected the records.</p>
<p>9. 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.</p>
<p>10. 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 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 data breach analysis, as the terms are defined in 38 U.S.C. 5727 or provision of credit protection services as provided in 38 U.S.C. 5724.</p>
</xhtmlContent></subsection>
<subsection type="policiesAndPractices"><xhtmlContent>

<p>Storage: </p>
<p>Paper documents, electronic media. </p></xhtmlContent></subsection>
<subsection type="retrievability"><xhtmlContent>
<p>1. All VA blood donor manual records are indexed by name and social security number or other unique identifier of donor, cross-indexed by blood type.</p>
<p>2. Automated records are indexed by name, unique identifier, social security number, blood type, antibodies and date of last donation.</p>
</xhtmlContent></subsection>
<subsection type="safeguards"><xhtmlContent>
<p>1. Access to VA working space and medical record storage areas is restricted to VA employees on a ‘‘need to know’’ basis.  Generally, VA file areas are locked after normal duty hours and are protected from outside access by the Federal Protective Service. Employees file records and file records of public figures or otherwise sensitive medical record files are stored in separate locked files.  Strict control measures are enforced to ensure that disclosure is limited to a "need to know" basis.</p>
<p>2. Strict control measures are enforced to ensure that access to and disclosure from all records including electronic files are limited to VA employees whose official duties warrant access to those files.  The system recognizes authorized employees by a series of individually unique passwords/codes, and the employees are limited to only that information in the file, which is needed in the performance of their official duties. </p>

</xhtmlContent></subsection>
<subsection type="retentionAndDisposal"><xhtmlContent>
<p>The records are disposed of in accordance with Section VIII-Laboratory Services of the VHA Records Control Schedule 10-1, Item number 113-31/36, National Archives and Records Administration under the National Archives Job No. N1–15–02–04.</p>

</xhtmlContent></subsection>
<subsection type="systemManager"><xhtmlContent>
<p>Chief Consultant, Diagnostic Services </p>

<p>(10P4D), Department of Veterans Affairs, 810 Vermont Avenue, NW., Washington, DC </p>

<p>20420. </p>

</xhtmlContent></subsection>
    <subsection type="notificationProcedure">
        <xhtmlContent>
            <p>Individuals seeking information concerning the existence and/or content of a blood donor information record pertaining to themselves must submit a written request or apply in person to the VA health care facility where the</p>
            <p>donation occurred.  All inquiries must reasonably identify the portion of the blood donor information record desired and the approximate date(s) that service was provided. Additionally, inquiries should include the individual’s full name, social security number, and home address at the time of medical service, if known.</p>
        </xhtmlContent>
    </subsection>
    <subsection type="recordAccessProcedures">
        <xhtmlContent>
<p>Blood donors, patients of VA medical care facilities or duly authorized representatives seeking information regarding access to or who are</p>
<p>contesting VA health facility records may write, call or visit the VHA facility where medical service was provided or volunteered. </p>
</xhtmlContent></subsection>
<subsection type="contestingRecordProcedures"><xhtmlContent>
<p>(See Record Access Procedures above.)</p>
</xhtmlContent></subsection>
<subsection type="recordSourceCategories"><xhtmlContent>
<p>1. Blood donor.</p>
<p>2. Private hospitals and local blood banks.</p>
<p>3. Private physicians.</p>
<p>4. Non-VA Laboratories.</p>
</xhtmlContent></subsection></section>
<section id="05VA026" toc="yes">
<systemNumber>05VA026</systemNumber>
<subsection type="systemName">Individual Correspondence Records--VA (05VA026)
</subsection>
<subsection type="systemLocation"><xhtmlContent><p>This system of records is located in the Office of the General Counsel (OGC), Professional
Staff Group VI (026), U.S. Department of Veterans Affairs (VA), 810 Vermont Avenue, NW., Washington,
DC 20420, and at the Regional Counsel Offices. Addresses for Regional Counsel Offices may be
obtained from the above-mentioned General Counsel Office address.
</p></xhtmlContent></subsection>
<subsection type="categoriesOfIndividuals"><xhtmlContent><p>The following categories of individuals and business entities are covered by this system:
(1) Veterans; (2) Beneficiaries of Veterans; (3) Dependents of Veterans; (4) Non-Veterans; (5)
Employees; (6) Attorneys; (7) Businesses; and (8) Non-Profit Organizations. These persons and groups
are those who write to Office of General Counsel with questions or requesting information.
</p></xhtmlContent></subsection>
<subsection type="categoriesOfRecords"><xhtmlContent><p>Records in this system contain the original incoming letter, any attachments to the letter
provided by the requestor, research and background material compiled by the OGC or Regional Counsel
attorney as backup for the response to the inquiry, and the actual response or opinion. The incoming
letter will contain the name and address of the requestor, and may contain medical information,
Social Security Number, VA Claim Number, financial information, or copies of personal papers.
</p></xhtmlContent></subsection>
<subsection type="authorityForMaintenance"><xhtmlContent><p>Title 38, United States Code, Section 311.
</p></xhtmlContent></subsection>
<subsection type="purpose"><xhtmlContent><p>This system documents the response of Office of General Counsel and the Regional Counsel
Offices to respond to inquiries from outside the government.
</p></xhtmlContent></subsection>
	<subsection type="routineUsesOfRecords"><xhtmlContent><p>1. VA may disclose information to a congressional office in response to an inquiry from the
congressional office on behalf of and at the request of that individual.
</p><p>2. VA may disclose information to the National Archives and Records Administration (NARA) and the
General Services Administration (GSA) as required to comply with statutory requirements to disclose
information to NARA and GSA for them to perform their statutory records management activities and
inspections under authority of title 44, Chapter 29, of the United States Code.
</p><p>3. VA may disclose information to individuals, organizations, private or public agencies, other
entities with whom VA has a contract or agreement to perform such services as VA may deem
practicable for the purposes of laws administered by VA, in order for the contractor, subcontractor,
public or private agency, or other entity or individuals with whom VA has contract or agreement.
This routine use includes disclosures by the individual or entity performing the service for VA to
any secondary entity or individual to perform an activity that is necessary for individuals,
organizations, private or public agencies, or other entities or individuals with whom VA has a
contract or agreement to provide the service to VA.
</p><p>4. VA may disclose on its own initiative any information in this system, except the names, home
addresses or other personally identifiable information of veterans and their dependents, which is
relevant to a suspected 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, 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. On its own initiative, VA may also disclose
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, rule or order issued pursuant
thereto.
</p><p>5. VA may provide Department of Justice (DoJ) with information needed to represent the United
States in litigation. VA may also disclose the information for this purpose in proceedings in which
DoJ is not representing the Agency.
</p><p>6. VA may, on its own initiative, disclose any information or records to appropriate agencies,
entities, or 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
reputation 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 of programs
(whether maintained by the Department or another agency or entity) that rely upon 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 provision of credit protection services or any risk analysis services when necessary to respond
to, and if necessary, mitigate damages that might arise from a data breach involving data covered by
this system of records.
</p><p>7. VA may disclose information to officials of the Merit Systems Protection Board or the Office
of 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. sections 1205 and
1206, or as may be authorized by law.
</p><p>8. VA may disclose information to the Equal Employment Opportunity Commission when requested in
connection with investigations of alleged or possible discriminatory practices, examination of
Federal affirmative employment programs, or for other functions of the Commission as authorized by
law or regulation.
</p><p>9. VA may disclose to the Federal Labor Relations Authority (including its General Counsel)
information related to the establishment of jurisdiction, the investigation and resolution of
allegations of unfair labor practices, or information in connection with the resolution of
exceptions to arbitration awards when a question of material fact is raised; to disclose information
in matters properly before the Federal Services Impasses Panel, and to investigate representation
petitions and conduct or supervise representation elections.
</p><p>10. Any information in this system from correspondence or inquiries sent to the VA may be
disclosed to State or Federal agencies at the request of the correspondent or inquirer in order for
those agencies to help the correspondent with his or her problem. The information disclosed may
include the name and address of the correspondent or inquirer and details concerning the nature of
the problem specified in the correspondence.
</p></xhtmlContent></subsection>
<subsection type="policiesAndPractices"><xhtmlContent><p>Storage:</p>
<p>Records are maintained in individual file folders on shelves in the OGC law library or in
the Regional Counsel Office.
</p></xhtmlContent></subsection>
<subsection type="retrievability"><xhtmlContent><p>Records filed by the last name of the individual(s) or organization(s) covered by the system
of records.
</p></xhtmlContent></subsection>
<subsection type="safeguards"><xhtmlContent><p>Records are maintained in a manned room during working hours. During nonworking hours, the
file area is locked, and the building is protected by uniformed guards. Access to the records is
only authorized to VA personnel on a "need to know" basis.
</p></xhtmlContent></subsection>
<subsection type="retentionAndDisposal"><xhtmlContent><p>OGC correspondence records prior to 1975 relating to a veteran which result in a legal
opinion have been placed on microfiche. The paper records are currently stored in the Washington
National Records Center, and the microfiche is stored in the OGC Law Library. Records are maintained
in the Office of General Counsel and the Regional Counsel Offices for a period of three years. After
three years, general correspondence records are destroyed [Records Control Schedule N-15
-06-2, Item 1].
</p></xhtmlContent></subsection>
<subsection type="systemManager"><xhtmlContent><p>Assistant General Counsel, Professional Staff Group VI (026), Office of General Counsel,
United States Department of Veterans Affairs, 810 Vermont Avenue, NW., Washington, DC 20420.
</p></xhtmlContent></subsection>
<subsection type="notificationProcedure"><xhtmlContent><p>An 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
record, should submit a written request to the Assistant General Counsel, Professional Staff Group
VI (026), Office of General Counsel, U.S. Department of Veterans Affairs, 810 Vermont Avenue, NW.,
Washington, DC 20420. Such requests must contain a reasonable description of the records requested.
All inquiries must reasonably identify the information involved and should include the individual's
full name, return address, and telephone number.
</p></xhtmlContent></subsection>
<subsection type="recordAccessProcedures"><xhtmlContent><p>Individuals seeking information regarding access to VA information maintained by the Office
of General Counsel may send a request by mail to the Assistant General Counsel, Professional Staff
Group VI (026), Office of the General Counsel, Department of Veterans Affairs, 810 Vermont Avenue,
NW., Washington, DC 20420, or may send a fax to the Assistant General Counsel, Professional Staff
Group VI, 1-202-273-6645.
</p></xhtmlContent></subsection>
<subsection type="contestingRecordProcedures"><xhtmlContent><p>Individuals seeking information regarding contesting or amending VA information maintained
by the Office of General Counsel may send a request by mail to the Assistant General Counsel,
Professional Staff Group VI (026), Office of the General Counsel, Department of Veterans Affairs,
810 Vermont Avenue, NW., Washington, DC 20420, or may send a fax to the Assistant General Counsel,
Professional Staff Group VI, 1-202-273-6645.
</p></xhtmlContent></subsection>
<subsection type="recordSourceCategories"><xhtmlContent><p>Veterans, beneficiaries and dependents of veterans, employees, business, and non-profit
organizations.
</p></xhtmlContent></subsection>
<subsection type="exemptionsClaimed"><xhtmlContent><p>None.
</p></xhtmlContent></subsection></section>
<section id="06VA026" toc="yes">
<systemNumber>06VA026</systemNumber>

<subsection type="systemName">Claimant Private Relief Legislative Files--VA.
</subsection>
<subsection type="systemLocation"><xhtmlContent><p>The system of records is located in the Office of the General Counsel, Professional Staff
Group VI (026), U.S. Department of Veterans Affairs (VA), 810 Vermont Avenue, NW., Washington, DC
20420.
</p></xhtmlContent></subsection>
<subsection type="categoriesOfIndividuals"><xhtmlContent><p>The following categories of individuals are covered by this system: (1) Veterans; (2) their
beneficiaries; and, (3) their dependents. These individuals are those on behalf of whom private
relief bills are introduced, or proposed for introduction, in Congress.
</p></xhtmlContent></subsection>
<subsection type="categoriesOfRecords"><xhtmlContent><p>Records (or information contained in records) may include information pertinent to private
relief bills such as: (1) The bill for relief (containing name, other personal identifying
information, personal data, and the claim for a particular legislative relief); (2) reports of other
Federal agencies pertaining to the relief bill; (3) VA reports pertaining to the relief bill; (4)
Congressional Committee reports; and, (5) excerpts from the Congressional Record.
</p></xhtmlContent></subsection>
<subsection type="authorityForMaintenance"><xhtmlContent><p>Title 38, United States Code, 210(c).
</p></xhtmlContent></subsection>
<subsection type="purpose"><xhtmlContent><p>This system documents the efforts of VA and Congress to provide benefits and monetary relief
to veterans, their dependents and beneficiaries outside those granted in public legislation.
</p></xhtmlContent></subsection>
<subsection type="routineUsesOfRecords"><xhtmlContent>
<p>1. VA may disclose information to a congressional office in response to an inquiry from the
congressional office on behalf of and at the request of that individual.
</p><p>2. VA may disclose information to the National Archives and Records Administration (NARA) and the
General Services Administration (GSA) as required to comply with statutory requirements to disclose
information to NARA and GSA for them to perform their statutory records management activities and
inspections under authority of Title 44, Chapter 29, of the United States Code.
</p><p>3. VA may disclose information to individuals, organizations, private or public agencies, other
entities with whom VA has a contract or agreement to perform such services as VA may deem
practicable for the purposes of laws administered by VA, in order for the contractor, subcontractor,
public or private agency, or other entity or individuals with whom VA has contract or agreement.
This routine use includes disclosures by the individual or entity performing the service for VA to
any secondary entity or individual to perform an activity that is necessary for individuals,
organizations, private or public agencies, or other entities or individuals with whom VA has a
contract or agreement to provide the service to VA.
</p><p>4. VA may disclose on its own initiative any information in this system, except the names, home
addresses or other personally identifiable information of veterans and their dependents, which is
relevant to a suspected 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, 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. On its own initiative, VA may also disclose
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, rule or order issued pursuant
thereto.
</p><p>5. VA may provide Department of Justice (DoJ) with information needed to represent the United
States in litigation. VA may also disclose the information for this purpose in proceedings in which
DoJ is not representing the Agency.
</p><p>6. VA may, on its own initiative, disclose any information or records to appropriate agencies,
entities, or 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
reputation 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 of programs
(whether maintained by the Department or another agency or entity) that rely upon 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 provision of credit protection services or any risk analysis services when necessary to respond
to, and if necessary, mitigate damages that might arise from a data breach involving data covered by
this system of records.
</p><p>7. VA may disclose information to officials of the Merit Systems Protection Board or the Office
of 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. sections 1205 and
1206, or as may be authorized by law.
</p><p>8. VA may disclose information to the Equal Employment Opportunity Commission when requested in
connection with investigations of alleged or possible discriminatory practices, examination of
Federal affirmative employment programs, or for other functions of the Commission as authorized by
law or regulation.
</p><p>9. VA may disclose to the Federal Labor Relations Authority (including its General Counsel)
information related to the establishment of jurisdiction, the investigation and resolution of
allegations of unfair labor practices, or information in connection with the resolution of
exceptions to arbitration awards when a question of material fact is raised; to disclose information
in matters properly before the Federal Services Impasses Panel, and to investigate representation
petitions and conduct or supervise representation elections.
</p><p>10. VA may disclose, on its own initiative, records pertinent to consideration of private relief
bills to Congressional members in their elected representative capacity and to other Federal
agencies to enable them to aid or comment on whether the petitioning individual should obtain the
requested relief and to facilitate the preparation and release of reports regarding this matter.
</p></xhtmlContent></subsection>
<subsection type="policiesAndPractices"><xhtmlContent><p>Storage:</p>
<p>Records are maintained in individual file folders. The information in each folder is
summarized and placed on file cards. Both the file cards and the file folders are kept in storage
cabinets.
</p></xhtmlContent></subsection>
<subsection type="retrievability"><xhtmlContent><p>Records and file cards are indexed by the last name and bill number of the individual(s)
covered by the system of records.
</p></xhtmlContent></subsection>
<subsection type="safeguards"><xhtmlContent><p>Records and file cards are maintained in a manned room during working hours. During
nonworking hours, the file area is locked, and the building is protected by uniformed guards. Access
to the records is only authorized to VA personnel on a "need to know" basis.
</p></xhtmlContent></subsection>
<subsection type="retentionAndDisposal"><xhtmlContent><p>Records and file cards which result in Private Relief Bills are maintained permanently in
the Office of General Counsel. Records and file cards for relief efforts which do not result in
enacted legislation will be maintained for a period of ten years and then destroyed.
</p></xhtmlContent></subsection>
<subsection type="systemManager"><xhtmlContent><p>Assistant General Counsel, Professional Staff Group VI (026), Office of General Counsel,
United States Department of Veterans Affairs, 810 Vermont Avenue, NW., Washington, DC 20420.
</p></xhtmlContent></subsection>
<subsection type="notificationProcedure"><xhtmlContent><p>An 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
record, should submit a written request to the Assistant General Counsel, Professional Staff Group
VI (026), Office of General Counsel, U.S. Department of Veterans Affairs, 810 Vermont Avenue, NW.,
Washington, DC 20420. Such requests must contain a reasonable description of the records requested.
All inquiries must reasonably identify the information involved and should include the individual's
full name, return address, and telephone number.
</p></xhtmlContent></subsection>
<subsection type="recordAccessProcedures"><xhtmlContent><p>Individuals seeking information regarding access to VA information maintained by the Office
of General Counsel may send a request by mail to the Assistant General Counsel, Professional Staff
Group VI (026), Office of the General Counsel, Department of Veterans Affairs, 810 Vermont Avenue,
NW., Washington, DC, 20420, or may send a fax to the Assistant General Counsel, Professional Staff
Group VI, 1-202-273-6645.
</p></xhtmlContent></subsection>
<subsection type="contestingRecordProcedures"><xhtmlContent><p>Individuals seeking information regarding contesting or amending VA information maintained
by the Office of General Counsel may send a request by mail to the Assistant General Counsel,
Professional Staff Group VI (026), Office of the General Counsel, Department of Veterans Affairs,
810 Vermont Avenue, NW., Washington, DC 20420, or may send a fax to the Assistant General Counsel,
Professional Staff Group VI, 1-202-273-6645.
</p></xhtmlContent></subsection>
<subsection type="recordSourceCategories"><xhtmlContent><p>Courts, veterans, beneficiaries and dependents of veterans, litigants and their attorneys,
Federal agencies, insurance carriers, witnesses, or any other interested participants to the
proceedings.
</p></xhtmlContent></subsection>
<subsection type="exemptionsClaimed"><xhtmlContent><p>None.
</p></xhtmlContent></subsection></section>

<section id="08VA05" toc="yes">
<systemNumber>08VA05</systemNumber>
<subsection type="systemName">Employee Medical File System Records (Title 38)-VA
</subsection>
<subsection type="systemLocation"><xhtmlContent><p>For current employees, records are located in VA medical, personnel, dispensary, health,
safety or other designated offices at Central Office and field facilities (see Appendix 1); with
another agency providing such services for the VA; or with private sector contractors. For former
employees, most records will be located in an Employee Medical Folder (EMF) stored in Federal
records centers operated by the National Archives and Records Administration (NARA). Paper record
abstract information is stored in automated storage media records that are maintained at the health
care facilities.
</p></xhtmlContent></subsection>
<subsection type="categoriesOfIndividuals"><xhtmlContent><p>The following categories of individuals are covered by this system: current or former VA
employees appointed under 38 U.S.C. Chapter 73 to the occupations identified in 38 U.S.C. 4103,
4104(1), and 4104(3); individuals in those occupations who are appointed under 38 U.S.C. 4114; and
residents appointed under 38 U.S.C. 4114(b). This includes employees such as non-physician facility
Directors, physicians, dentists, podiatrists, optometrists, nurses, nurse anesthetists, physician
assistants, expanded-function dental auxiliaries, certified respiratory therapy technicians,
registered respiratory therapists, licensed physical therapists, and licensed practical or
vocational nurses. Current and former employees appointed under 38 U.S.C. Chapter 75 in the Veterans
Canteen Service are also covered.
</p></xhtmlContent></subsection>
<subsection type="categoriesOfRecords"><xhtmlContent><p>Records maintained in this system include: (1) Medical records, forms, and reports completed
or obtained when an individual applies for a Federal job and is subsequently employed; (2) Medical
records, forms, and reports completed during employment as a condition of employment, either by the
VA or by another agency, State or local government entity, or a private sector entity under contract
to the VA; (3) Records resulting from the testing of the employee for use of illegal drugs under
Executive Order 12564. Such records may be retained by the VA (e.g., by the VA Medical Review
Official) or by a contractor laboratory. This includes records of negative results, confirmed or
unconfirmed positive test results, and lists of who has been tested, who failed to report for
testing, and related documents. Records maintained by a VA dispensary are included in the system
only when they are the result of a condition of employment or related to an on-the-job occurrence.
(4) Files containing reports of on-the-job injuries and medical records, forms, and reports
generated as a result of the filing of a claim for Workers' Compensation, whether the claim is
accepted or not. (The official compensation claim file, maintained by the Department of Labor's
Office of Workers' Compensation Program (OWCP) is part of that agency's system of records and not
covered by this notice.) (5) All other medical records, forms, and reports created on an employee
during his or her period of employment, including records retained on a short term/temporary basis
(i.e., those designated to be retained only while the employee is with the VA) and records
designated for long-term retention (i.e., those retained for the employee's duration of Federal
service and for some period of time thereafter).
</p></xhtmlContent></subsection>
<subsection type="authorityForMaintenance"><xhtmlContent><p>Executive Order 12564; Urgent Relief for the Homeless Supplemental Appropriations Act of
1987, Pub. L. No. 100-71, Section 503, 101 Stat. 468 (1987); and Title 38, United States Code,
Chapter 3, Section 210(c)(1,); Chapter 73, Section 4108 and Chapter 75, Section 4202.
</p></xhtmlContent></subsection>
<subsection type="routineUsesOfRecords"><xhtmlContent><p>Except for Routine Use 7, no other Routine Use for this system of records applies to records
included in Item (3) in the Categories of Records in the System section of this notice. Drug test
results may not be released under any other routine use.
</p><p>1. In the event that a system of records maintained by this agency to carry out its function
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, the relevant records in the system of records may be referred, as a
routine use, to the appropriate agency, whether Federal, State, local or foreign, charged with the
responsibility of investigation or prosecuting such violation or charged with enforcing or
implementing the statute, or rule, regulation or order issued pursuant thereto.
</p><p>2. To assess physical capability of employees and to provide data for periodic reports of the
health services program to the Civil Service Commission.
</p><p>3. Information may be disclosed from this system of records to a Federal, State, or local agency
to the extent necessary to comply with laws governing reporting of communicable diseases.
</p><p>4. Disclosure may be made to a congressional office from the record of an individual in response
to an inquiry from the congressional office made at the request of that individual.
</p><p>5. Disclosure may be made to NARA (National Archives and Records Administration) GSA (General
Services Administration) in records management inspections conducted under authority of 44 U.S.C.
2904 and 2906.
</p><p>5. To disclose information to the Department of Labor, Social Security Administration, or a
national, State, or local social security type agency, when necessary to adjudicate a claim (filed
by or on behalf of the individual) under a retirement, insurance, or health benefit program.
</p><p>6. To disclose information to another Federal agency, to a court, or a party in litigation before
a court or in an administrative proceeding being conducted by a Federal agency, either when the
Government is a party to a judicial proceeding or to comply with the issuance of a subpoena.
</p><p>7. To disclose the results of a drug test of a Title 38 employee pursuant to an order of a court
of competent jurisdiction where required by the United States Government to defend against any
challenge against any adverse personnel action.
</p><p>8. To disclose information to the Department of Justice, or in a proceeding before a court,
adjudicative body, or other administrative body before which the VA is authorized to appear, when:
(a) The VA, or any component thereof; or (b) any VA employee in his or her official capacity; or (c)
any VA employee in his or her individual capacity where the Department of Justice or the VA has
agreed to represent the employee; or (d) the United States, where the VA determines that litigation
is likely to affect the VA or any of its components, is a party to litigation or has an interest in
such litigation, and the use of such records by the Department of Justice or the VA is deemed by the
VA to be relevant and necessary to the litigation, provided, however, that in each case it has been
determined that the disclosure is compatible with the purpose for which the records were collected.
</p><p>9. To disclose in response to a request for discovery or for appearance of a witness, information
that is relevant to the subject matter involved in a pending judicial or administrative proceeding.
</p><p>10. To disclose pertinent information to the appropriate Federal, State or local agency
responsible for investigating, prosecuting, enforcing, or implementing a statute, rule, regulation,
or order when the disclosing agency becomes aware of an indication of a violation or potential
violation of civil or criminal law or regulation.
</p><p>11. To disclose information to the Office of Management and Budget (OMB) at any stage in the
legislative coordintion and clearance process in connection with private relief legislation as set
forth in OMB Circular No. A-19.
</p><p>12. To disclose information to officials of the Merit Systems Protection Board including the
Office of Special Counsel, the Federal Labor Relations Authority and its general counsel, the Equal
Employment Opportunity Commission, arbitrators, and hearing examiners to the extent necessary to
carry out their authorized duties.
</p><p>13. To disclose information to survey team members from the Joint Commission on Accreditation of
Healthcare Organizations (JCAHO) when requested in connection with an accreditation review, but only
to the extent that the information is relevant and necessary to meet JCAHO standards.
</p><p>14. To disclose to health insurance carriers contracting with the Office of Personnel Management
to provide a health benefits plan under the Federal Employee Health Benefits Program, information
necessary to verify eligibility for payment of a claim for health benefits or to carry out the
coordination of audit of benefit provisions of such contracts.
</p><p>15. To locate individuals for health research or survey response and in the production of summary
descriptive statistics and analytical studies (e.g., epidemiological studies) in support of the
function for which the records are collected and maintained. While published statistics and studies
do not contain individual identifiers, in some instances the selection of elements of data included
in the study might be structured in such a way as to make the data individually identifiable by
inference.
</p><p>16. To disclose information to the Office of Federal Employees Group Life Insurance that is
relevant and necessary to verify election, declination, or waiver of regular and/or optional life
insurance coverage or eligibility for payment of a claim for life insurance.
</p><p>17. To disclose information, when an individual to whom a record pertains is mentally incompetent
or under other legal disability, to any person who is responsible for the care of the individual, to
the extent necessary.
</p><p>18. To disclose to the agency-appointed representative of an employee 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.
</p><p>19. To disclose to a requesting agency, organization, or individual 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 work
force.
</p><p>20. To disclose information to a Federal agency, in response to its request or at the initiation
of the VA, in connection with the retention of an employee, the issuance of a security clearance,
the conducting of a suitability or security investigation of an individual, the letting of a
contract, or the issuance of a license, grant, or other benefit by the other agency, or the lawful
statutory, administrative or investigative purpose of the agency to the extent that the information
is relevant and necessary to the other agency's decision on the matter.
</p><p>21. To disclose 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.
</p><p>22. To disclose to officials of labor organizations recognized under 5 U.S.C. Chapter 71,
analyses using exposure or medical records and employee exposure records, in accordance with the
record access rules of the OSHA, Department of Labor, and subject to the limitations of 29 CFR
1910.20(e)(2)(iii)(B).
</p><p>23. 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 registrations
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.
</p><p>24. Information in this system of records may be disclosed 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.
</p><p>25. 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.
</p><p>26. 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.
</p></xhtmlContent></subsection>
<subsection type="policiesAndPractices"><xhtmlContent><p>Storage:</p>
<p>Records are stored in paper folders, microfiche, magnetic discs, magnetic tape, and on file
cards, X-rays, or other medical reports and forms. These records are stored in VA medical,
personnel, dispensary, health, safety or other designated offices at Central Office and field
facilities. Information in the Decentralized Hospital Computer Program (DHCP) system is stored at
health care facilities.
</p></xhtmlContent></subsection>
<subsection type="retrievability"><xhtmlContent><p>Records are retrieved by the employee's name, date of birth, social security number, or any
combination of those identifiers.
</p></xhtmlContent></subsection>
<subsection type="safeguards"><xhtmlContent><p>Records are stored in locked file cabinets or locked rooms. Generally, file areas are locked
after normal duty hours. Automated records are protected by restricted access procedures and audit
trails. Access to Employee Medical File System records is strictly lilmited to VA or contractor
officials with a bona fide need for access to the records. Strict control measures are enforced to
ensure that access to and disclosure from these records are limited to a "need-to-know basis." In VA
Central Office these records are maintained in staffed rooms during working hours. During nonworking
hours, there is limited access to the building with visitor control by security personnel. Access to
the DHCP computer rooms within the health care facilities is generally limited by appropriate
locking devices and restricted to authorized VA employees and vendor personnel. Automated data
processing peripheral devices are generally placed in secure areas (areas that are locked or have
limited access) or are otherwise protected. Information in the DHCP system may be accessed by
authorized VA employees. 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. Drug testing records will be maintained in accordance with
the Urgent Relief for the Homeless Supplemental Appropriations Act of 1987, Pub. L. No. 100-
71, Section 503, 101 Stat. 468 (1987). Contractor laboratories are subject to the same restrictions
as VA employees.
</p></xhtmlContent></subsection>
<subsection type="retentionAndDisposal"><xhtmlContent><p>Records are retained in accordance with records retention standards approved by the
Archivist of the United States, the National Archives and Records Administration, and published in
Agency Records Control Schedules. Records arising in connection with employee drug testing under
Executive Order 12564 are generally retained for up to 2 years. Records are destroyed by shredding,
burning, or by erasing the magnetic media. Automated storage media is retained and disposed of in
accordance with disposition authorization approved by the Archivist of the United States.
</p></xhtmlContent></subsection>
<subsection type="systemManager"><xhtmlContent><p>Director, Office of Personnel and Labor Relations (05), VA Central Office, 810 Vermont
Avenue NW, Washington, DC 20420.
</p></xhtmlContent></subsection>
<subsection type="notificationProcedure"><xhtmlContent><p>Individuals wishing to inquire whether this sytem of records contains records on them should
follow the appropriate procedure listed below.
</p><p>a. Current employees. Current employees should contact the local facility at which they are
employed. Individuals must furnish such identifying information as required by VA for their records
to be located and identified.
</p><p>b. Former employees. Former employees should contact the local facility at which they were
employed. Individuals submitting requests must submit the following information for their records to
be located and identified: (1) Full name, (2) date of birth, (3) social security number, (4) name
and location of VA facility where last employed and dates of employment, and (5) signature.
</p></xhtmlContent></subsection>
<subsection type="recordAccessProcedures"><xhtmlContent><p>Individuals requesting access to and contesting the contents of records must submit the
following information for their records to be located and identified: (1) Full name, (2) date of
birth, (3) social security number, (4) name and location of VA facility where last employed and
dates of employment, and (5) signature.
</p></xhtmlContent></subsection>
<subsection type="contestingRecordProcedures"><xhtmlContent><p>(See Record Access Procedures above).
</p></xhtmlContent></subsection>
<subsection type="recordSourceCategories"><xhtmlContent><p>Records in this system are obtained from: The individual to whom the records pertain, VA
employee health unit staff, Federal and private sector medical practitioners and treatment
facilities, supervisors/managers and other VA officials, testimony of witness, and other VA records.
</p></xhtmlContent></subsection></section>
<section id="09VA05" toc="yes">
<systemNumber>09VA05</systemNumber>
<subsection type="systemName">Employee Unfair Labor Practice Charges and Complaints, Negotiated Agreement Grievances and
Arbitrations-VA
</subsection>
<subsection type="systemLocation"><xhtmlContent><p>VA station personnel offices, whose address locations are listed in VA Appendix 1 at the end
of this document.
</p></xhtmlContent></subsection>
<subsection type="categoriesOfIndividuals"><xhtmlContent><p>VA employees or labor union representatives who have filed, in the name of VA employees,
unfair labor practice charges or complaints and negotiated agreement grievances.
</p></xhtmlContent></subsection>
<subsection type="categoriesOfRecords"><xhtmlContent><p>Various material, considered pertinent by parties to proceedings, needed for processing
charges, complaints, grievances and arbitrations.
</p></xhtmlContent></subsection>
<subsection type="authorityForMaintenance"><xhtmlContent><p>Executive Order 11491 as amended.
</p></xhtmlContent></subsection>
<subsection type="routineUsesOfRecords"><xhtmlContent><p>1. In the event that a system of records maintained by this agency to carry out its function
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, the relevant records in the system of records may be referred, as a
routine use, to the appropriate agency, whether Federal, State, local or foreign, charged with the
responsibility of investigation or prosecuting such violation or charged with enforcing or
implementing the statute, or rule, regulation or order issued pursuant thereto.
</p><p>2. Files may be released to arbitrators for processing arbitrations and to authorized Department
of Labor officers for processing unfair labor practice complaints.
</p><p>3. Disclosure may be made to a congressional office from the record of an individual in response
to an inquiry from the congressional office made at the request of that individual.
</p><p>4. Disclosure may be made to NARA (National Archives and Records Administration) GSA (General
Services Administration) in records management inspections conducted under authority of 44 U.S.C.
2904 and 2906.
</p><p>5. 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.
</p><p>6. 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.
</p><p>7. 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.
</p></xhtmlContent></subsection>
<subsection type="policiesAndPractices"><xhtmlContent><p>Storage:</p>
<p>Paper documents in files.
</p></xhtmlContent></subsection>
<subsection type="retrievability"><xhtmlContent><p>Alphabetically by name at some VA stations. Some stations do not maintain records
retrievable by name or other personal identifier.
</p></xhtmlContent></subsection>
<subsection type="safeguards"><xhtmlContent><p>Access to files is restricted to authorized Va employees in the Personnel Office and to
operating officials.
</p></xhtmlContent></subsection>
<subsection type="retentionAndDisposal"><xhtmlContent><p>Records are retained indefinitely.
</p></xhtmlContent></subsection>
<subsection type="systemManager"><xhtmlContent><p>Officials maintaining the system-VA Personnel Officers where records are maintained. (See VA
Appendix 1 for local addresses.) Official responsible for policies and procedures-Asistant
Administrator for Personnel (05), VA Central Office, Washington, DC 20420.
</p></xhtmlContent></subsection>
<subsection type="notificationProcedure"><xhtmlContent><p>VA station Personnel Officer. Individual should provide full name, social security number
and date and nature of proceeding involved.
</p></xhtmlContent></subsection>
<subsection type="recordAccessProcedures"><xhtmlContent><p>Individuals or representatives designated in writing may contact their servicing Personnel
Office for gaining access to their records and contesting the contents thereof.
</p></xhtmlContent></subsection>
<subsection type="contestingRecordProcedures"><xhtmlContent><p>(See Record Access Procedures above.)
</p></xhtmlContent></subsection>
<subsection type="recordSourceCategories"><xhtmlContent><p>VA officials, employees, and labor organization officials.
</p></xhtmlContent></subsection></section>
<section id="111VA51" toc="yes">
<systemNumber>11VA51</systemNumber>
<subsection type="systemName">Criminal Investigations (11VA51).
 </subsection>
<subsection type="systemLocation"><xhtmlContent><p>Department of Veterans Affairs (VA), Office of Inspector General (OIG), Office of
 Investigations (51), Washington, DC 20420.
 </p></xhtmlContent></subsection>
<subsection type="categoriesOfIndividuals"><xhtmlContent><p>The following categories of individuals will be covered by the system: (1) Employees, (2)
 veterans and other VA beneficiaries, and (3) private citizens, such as contractors, who conduct
 official business with the VA, or private citizens whose actions affect or relate to the programs
 and operations of VA. The individuals who are or have been the subjects of investigations are those
 alleged to have violated criminal laws, either Federal or state, either in the performance of their
 official duties or related to the programs and operations of VA.
 </p></xhtmlContent></subsection>
<subsection type="categoriesOfRecords"><xhtmlContent><p>Records (or information contained in records) in this system include reports of criminal
 investigations of the OIG, Office of Investigations. These reports may include (1) A narrative
 summary or synopsis, (2) allegations of specific wrongdoing or crimes committed, (3) progress
 reports, (4) exhibits or attachments to the reports, (5) internal documentation and memoranda, and
 (6) affidavits or sworn statements. The name of the subject of an investigation, his or her title,
 his or her date of birth, his or her social security number, his or her home address, the station
 at which an investigation took place, the OIG's case number, the time period the investigation took
 place, and the outcome of the case are maintained in an electronic database and in hard copy files.
 </p></xhtmlContent></subsection>
<subsection type="authorityForMaintenance"><xhtmlContent><p>Title 5, United States Code, Appendix 3.
 </p></xhtmlContent></subsection>
	<subsection type="purpose"><xhtmlContent><p>The records and information are used for the purpose of identifying individual criminal
 offenders and alleged offenders, identifying witnesses and documents relevant to the investigation
 of the allegations, and compiling evidence to prove or disprove criminal conduct. The records and
 information in the system are used in Federal and state grand jury proceedings, pre-trial
 negotiations, plea agreements, pre-trial diversions, court hearings and trials. The records and
 information in the system may also be used in administrative proceedings when administrative action
 is taken against the subject of the investigation.
</p></xhtmlContent></subsection>
<subsection type="routineUsesOfRecords"><xhtmlContent><p>1. Disclosure may be made to a congressional office from the record of an individual in
 response to an inquiry from the congressional office that is made at the request of that
 individual.
 </p><p>2. Disclosure may be made to the National Archives and Records Administration (NARA) in records
 management activities and inspections conducted under authority of Title 44, United States Code.
 </p><p>3. Disclosure may be made to the Department of Justice including United States Attorneys, or in
 a proceeding before a court, adjudicative body, or other administrative body when the litigation or
 adjudicative or administrative process is likely to affect VA, its employees, or any of its
 components, or when VA, its employees, or any of its components is a party to the litigation
 process, or has an interest in the litigation or process and the use of these records is deemed by
 VA to be relevant and necessary to the litigation or process, provided that the disclosure is
 compatible with the purpose for which the records were collected.
 </p><p>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 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.
 </p><p>5. VA may disclose on its own initiative any information in this system, except the names and
 home addresses of veterans and their dependents, which is relevant to a suspected 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, 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. On its own initiative, VA may also disclose the names and addresses of veterans and
 dependents to a Federal or state 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, rule, or order issued pursuant thereto.
 </p><p>6. To assist attorneys in representing their clients, any information in this system may be
 disclosed to attorneys representing subjects of criminal investigations, including veterans,
 Federal government employees, retirees, volunteers, contractors, subcontractors, or private
 citizens, except where VA has decided release is inappropriate under Title 5, United States Code,
 Section 552a(j) and (k).
 </p><p>7. Disclosure of information to the Federal Labor Relations Authority (FLRA), including its
 General Counsel, in connection with the investigation and resolution of allegations of unfair labor
 practices, in connection with the resolution of exceptions to arbitrator awards when a question of
 material fact is raised, in connection with matters before the Federal Service Impasses Panel, and
 to investigate representation petitions and conduct or supervise representation elections.
 </p><p>8. Information may be disclosed to the Equal Employment Opportunity Commission in connection
 with investigations of alleged or possible discriminatory 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.
 </p><p>9. Information may be disclosed to officials of the Merit Systems Protection Board, and the
 Office of Special Counsel, if properly requested, in connection with appeals, special studies of
 the civil service and other merit systems, reviews of rules and regulations, investigation of
 alleged or possible prohibited personnel practices, and such other functions, promulgated in Title
 5, United States Code, Sections 1205 and 1206, or as may be authorized by law.
 </p><p>10. Any information in this system of records may be disclosed, in the course of presenting
 evidence in or to a court, magistrate, administrative tribunal, or grand jury, including
 disclosures to opposing counsel in the course of such proceedings or in settlement negotiations.
 </p><p>11. Any information in this system may be disclosed to any source or person, either private or
 governmental, to the extent necessary to secure from such source or person information relevant to,
 and sought in furtherance of, a legitimate investigation, review, or inspection.
 </p><p>12. Any information in this system, except the name and address of a veteran, may be disclosed
 to Federal, state, or local professional, regulatory, or disciplinary organizations or
 associations, including but not limited to bar associations, state licensing boards, and similar
 professional entities, for use in disciplinary proceedings and inquiries preparatory thereto, where
 VA determines that there is good cause to question the legality or ethical propriety of the conduct
 of a person employed by VA or a person representing a person in a matter before VA. 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.
 </p><p>13. VA may disclose information to individuals, organizations, private or public agencies, or
 other entities with which 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.
 </p><p>14. A record may be disclosed to any official charged with the responsibility to conduct
 qualitative assessment reviews of internal safeguards and management procedures employed in
 investigative operations. This disclosure category includes members of the President's Council on
 Integrity and Efficiency and officials and administrative staff within their investigative chain of
 command, as well as authorized officials of the Department of Justice and the Federal Bureau of
 Investigation.
 </p><p>15. Disclosure of any information within this system may be made when it is suspected or
 confirmed that the security or confidentiality of information in the system or records has been
 compromised and VA has determined that as a result of the suspected or confirmed compromise there
 is a risk of harm to economic or property interest, identity theft or fraud, or harm to the
 security or integrity of this system or other systems or programs (whether maintained by VA or
 another agency or entity) that rely upon the compromised information; and the disclosure is made to
 such agencies, entities, and persons who are reasonably necessary to assist in connection with VA's
 efforts to respond to the suspected or confirmed compromise and prevent, minimize, or remedy such
 harm.
</p></xhtmlContent></subsection>
<subsection type="policiesAndPractices"><xhtmlContent><p>Records and information are stored electronically in the VA OIG's MCI (Master Case Index)
 databases and servers at the OIG's headquarters office at 801 I Street, NW., Washington, DC 20420,
 in the OIG's Information Technology Division. Backup records are stored on magnetic disc, tape and
 CD-ROM and may also be retained in hard copy format in secure file folders. Office of
 Investigations personnel are responsible for electronically inputting records and information into
 the MCI database. Hard copies of records and information are discussed in the storage section
 below. Access to electronic records is limited to Office of Investigations personnel and certain
 other OIG employees with an official need to know the information in the course of their official
 duties.
 </p><p>STORAGE:
 </p><p>Hard copies of documents and information are maintained by the OIG Office of Investigations
 office that conducts the investigation. The office that conducts the investigation will maintain
 all documents, evidence, and work papers compiled or collected in the course of the investigation.
 Hard copies of reports and attachments and certain administrative documents are also maintained at
 OIG headquarters. Records and documents are also maintained electronically in the MCI database.
 </p></xhtmlContent></subsection>
<subsection type="retrievability"><xhtmlContent><p>Information and records are retrieved by MCI case number and the name of the subject of the
 investigation. Scanned documents, reports and other uploaded information that are made part of the
 electronic file cannot be searched or retrieved from the MCI database as part of a general search.
 </p></xhtmlContent></subsection>
<subsection type="safeguards"><xhtmlContent><p>Information in the system is protected from unauthorized access through administrative,
 physical, and technical safeguards. Access to the hard copy and computerized information is
 restricted to authorized OIG personnel on a need-to-know basis. Hard copy records are maintained in
 offices that are restricted during work hours, or are locked after duty hours. The headquarters
 building is protected by security guards and access is restricted during non-duty hours. Access to
 the computerized information is limited to VA OIG employees by means of passwords and authorized
 user identification codes. Computer system documentation is maintained in a secure environment in
 the OIG, VA Central Office.
 </p></xhtmlContent></subsection>
<subsection type="retentionAndDisposal"><xhtmlContent><p>Records will be maintained and disposed of in accordance with a records disposition
 authority approved by the Archivist of the United States.
 </p></xhtmlContent></subsection>
<subsection type="systemManager"><xhtmlContent><p>Assistant Inspector General for Investigations (51), Department of Veterans Affairs, Office
 of Inspector General, 810 Vermont Avenue, NW., Washington, DC 20420.
 </p></xhtmlContent></subsection>
<subsection type="notificationProcedure"><xhtmlContent><p>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 to the Assistant Inspector General for
 Investigations (51), at the address listed in the preceding paragraph. 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.
 </p></xhtmlContent></subsection>
<subsection type="recordAccessProcedures"><xhtmlContent><p>An individual who seeks access to or wishes to contest records maintained under his or her
 name in this system must submit a written request to 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.
 </p></xhtmlContent></subsection>
<subsection type="contestingRecordProcedures"><xhtmlContent><p>(See record access procedures above.)
 </p></xhtmlContent></subsection>
<subsection type="recordSourceCategories"><xhtmlContent><p>Information is obtained from VA employees, veterans, private citizens, VA records, private
 entities, and congressional, Federal, state, and local offices or agencies.
 </p></xhtmlContent></subsection>
<subsection type="systemsExempted"><xhtmlContent><p>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, Public Law 95-452, (IG Act) mandates the
 Inspector General to recommend policies for, and to conduct, supervise and coordinate activities in
 the Department of Veterans Affairs (VA) and between VA and other Federal, state, and local
 governmental agencies with respect to all matters relating to the prevention and detection of fraud
 in programs and operations administered or financed by VA and the identification and prosecution of
 participants in such fraud. Under the IG 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 activities 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 Secretary 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):
 </p><p>5 U.S.C. 552a(c)(3) and (4);
 </p><p>5 U.S.C. 552a(d);
 </p><p>5 U.S.C. 552a(e)(1), (2) and (3);
 </p><p>5 U.S.C. 552a(e)(4)(G), (H) and (I);
 </p><p>5 U.S.C. 552a(e)(5) and (8);
 </p><p>5 U.S.C. 552a(f);
 </p><p>5 U.S.C. 552a(g).
 </p><p>The Secretary 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):
 </p><p>5 U.S.C. 552a(c)(3);
 </p><p>5 U.S.C. 552a(d);
 </p><p>5 U.S.C. 552a(e)(1);
 </p><p>5 U.S.C. 552a(e)(4)(G), (H) and (I);
 </p><p>5 U.S.C. 552a(f).
 </p><p>REASONS FOR EXEMPTIONS:
 </p><p>The exemption of information and material in this system of records is necessary in order
 to accomplish the law enforcement functions of the Office of Inspector General, to prevent subjects
 of investigations from frustrating the investigatory process, to prevent the disclosure of
 investigative techniques, to fulfill commitments made to protect the confidentiality of sources, to
 maintain access to sources of information, and to avoid endangering these sources and law
 enforcement personnel.
</p></xhtmlContent></subsection></section>

<section id="13VA047" toc="yes">
<systemNumber>13VA047</systemNumber>
<subsection type="systemName">Individuals Submitting Invoices-Vouchers For Payment-VA
</subsection>
<subsection type="systemLocation"><xhtmlContent><p>VA Data Processing Center, Austin, Texas and the fiscal offices of Central Office and other
field stations where the fiscal transactions are processed.
</p></xhtmlContent></subsection>
<subsection type="categoriesOfIndividuals"><xhtmlContent><p>Contractors, vendors, non-salaried employees, consultants, attendings, fee basis physicians
and dentists, and patients.
</p></xhtmlContent></subsection>
<subsection type="categoriesOfRecords"><xhtmlContent><p>Vendor identification listings, invoices and payment records.
</p></xhtmlContent></subsection>
<subsection type="authorityForMaintenance"><xhtmlContent><p>Budget and Accounting Act of 1950 and General Accounting Office Title 8, Chapter 3.
</p></xhtmlContent></subsection>
<subsection type="routineUsesOfRecords"><xhtmlContent><p>To the extent that records contained in the system include information protected by 38
U.S.C. 4132, 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 Routine Use unless there is also specific statutory authority permitting
disclosure.
</p><p>1. Transfer payment information necessary to complete payment of claims and to furnish income
data Form 1099 to the Treasury Department in order to effect payment of claims to vendors and to
furnish income information.
</p><p>2. In the event that a system of records maintained by this agency to carry out its functions
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, the relevant records in the system of records may be referred, as
a routine use, to the appropriate agency, whether Federal, State, local or foreign, charged with the
responsibility of investigating or prosecuting such violation or charged with enforcing or
implementing the statute, or rule, regulation or order issued pursuant thereto.
</p><p>3. A record from this system of records may be disclosed as a 'routine use' to a Federal, State
or local agency or to a non-governmental organization maintaining civil, criminal or other
relevant information, such as current licenses, registration or certification, if necessary to
obtain information relevant to an agency decision concerning the hiring or retention of an employee,
the use of an individual as a consultant, attending or to provide fee basis health care, the
issuance of a security clearance, the letting of a contract, or the issuance of a license, grant or
other benefits. These records may also be disclosed as part of an ongoing computer matching program
to accomplish these purposes.
</p><p>4. A record from this system of records may be disclosed to a Federal, State or local agency, in
response to its request, in connection with the hiring or retention of an employee, the issuance of
a security clearance, the reporting of an investigation of an employee, the letting of a contract,
or the issuance of a license, grant, or other benefit by the requesting agency, to the extent that
the information is relevant and necessary to the requesting agency's decision on the matter.
</p><p>5. Relevant information from this system of records, including the nature and amount of financial
obligation, may be disclosed as a routine use, in order to assist the Veterans Administration in the
collection of unpaid financial obligations owed the VA, to a debtor's employing agency or commanding
officer so that the debtor-employee may be counseled by his or her Federal employer or commanding
officer. This purpose is consistent with 5 U.S.C. 5514, 4 CFR 102.5, and section 206 of Executive
Order 11222 of May 8, 1965 (30 FR 6469).
</p><p>6. Relevant information from this system of records, including available identifying data
regarding the debtor, such as name of debtor, last known address of debtor, name of debtor's spouse,
social security account number of debtor, VA insurance number, VA loan number, VA claim number,
place of birth and date of birth of debtor, name and address of debtor's employer or firm and dates
of employment, may be disclosed to other Federal agencies, State probate courts, State drivers
license bureaus, and State automobile title and license bureaus as a routine use in order to obtain
current address, locator and credit report assistance in he collection of unpaid financial
obligations owed the U.S. This purpose is consistent with the Federal Claims Collection Act of 1966
(Pub.L. 89-508, 31 U.S.C. 951-953) and 4 CFR parts 101-105.
</p><p>7. Disclosure may be made to a congressional office from the record of an individual in response
to an inquiry from the congressional office made at the request of that individual.
</p><p>8. Disclosure may be made to NARA (National Archives and Records Administration) GSA (General
Services Administration) in records management inspections conducted under authority of 44 U.S.C.
2904 and 2906.
</p><p>9. 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.
</p><p>10. Relevant information (excluding medical treatment information related to drug or alcohol
abuse, infection with the human immunodeficiency virus or sickle cell anemia) may be disclosed to
the Department of Health and Human Services (HHS) for the purpose of identifying improper duplicate
payments made by Medicare fiscal intermediaries where VA authorized and was responsible for payment
for medical services obtained at non-VA health care facilities. The purpose of the review is for HHS
to identify duplicate payments and initiate recovery of identified overpayments and, where
warranted, initiate fraud investigations, or, to seek reimbursement from VA for those services which
were authorized by VA and for which no payment, or partial payment, was made by VA. HHS will provide
information to identify the patient to include the patient name, address, Social Security number,
date of birth, and information related to the period of medical treatment for which payment was made
by Medicare to include the name and address of the hospital, the admission and discharge dates, the
services for which payment was made, and the dates and amounts of payment. Information disclosed
from this system of records will be limited to that information that is necessary to confirm or
disprove an inappropriate payment by Medicare. These records may also be disclosed as part of an
ongoing computer matching program to accomplish these purposes.
</p><p>11. 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.
</p><p>12. 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.
</p></xhtmlContent></subsection>
<subsection type="policiesAndPractices"><xhtmlContent><p>Storage:</p>
<p>Paper documents, microfiche, magnetic tape.
</p></xhtmlContent></subsection>
<subsection type="retrievability"><xhtmlContent><p>Alphabetically by name and numerically by identification number.
</p></xhtmlContent></subsection>
<subsection type="safeguards"><xhtmlContent><p>Access to the records is restricted to VA Finance employees. These records are protected
from outside access by Federal Protective Service.
</p></xhtmlContent></subsection>
<subsection type="retentionAndDisposal"><xhtmlContent><p>Governed by General Accounting Office Regulations which require retention for records
created prior to July 2,1975: 10 years and 3 months after the period of the account; records created
on and after July 2, 1975: 6 years and 3 months after the period of the account. Records are
normally retired to Federal Record Centers within 1 or 2 years after payment and audit.
</p></xhtmlContent></subsection>
<subsection type="systemManager"><xhtmlContent><p>Director, Office of Budget and Finance (Controller)(04), VA Central Office, Washington, DC
20420.
</p></xhtmlContent></subsection>
<subsection type="notificationProcedure"><xhtmlContent><p>Individuals seeking information concerning the existence of a record pertaining to
themselves may submit a written request to the VA office to which the invoice/voucher was submitted.
All inquiries must reasonably identify the invoice/voucher involved. Inquiries should include name
and return address.
</p></xhtmlContent></subsection>
<subsection type="recordAccessProcedures"><xhtmlContent><p>Individuals or authorized representatives seeking information regarding access to and
contesting of records may write, call or visit the VA office to which the invoice/voucher was
submitted.
</p></xhtmlContent></subsection>
<subsection type="contestingRecordProcedures"><xhtmlContent><p>(see Record Access Procedures above)
</p></xhtmlContent></subsection>
<subsection type="recordSourceCategories"><xhtmlContent><p>These payment records are compiled from documentation from the vendor, contractor, and
employee; Dun and Bradstreet (identifying numbers); and procurement and authorization documentation
generated by the Veterans Administration.
</p></xhtmlContent></subsection></section>
<section id="14VA05" toc="yes">
<systemNumber>14VA05</systemNumber>
<subsection type="systemName">Individuals Serving on a Fee Basis or Without Compensation (Consultants, Attendings, and
Others or Paid Indirectly Through a Disbursement Agreement) Personnel Records-VA.
</subsection>
<subsection type="systemLocation"><xhtmlContent><p>Department of Veterans Affairs, Human Resources Management Offices.
</p></xhtmlContent></subsection>
<subsection type="categoriesOfIndividuals"><xhtmlContent><p>Physicians, dentists and nurses; health occupations trainees including residents appointed
under 38 U.S.C. 7406 whose stipends and fringe benefits are centrally administered under the
provisions of 38 U.S.C. 7406(c); research personnel; other scientific and technical personnel.
</p></xhtmlContent></subsection>
<subsection type="categoriesOfRecords"><xhtmlContent><p>Copies of applications, appointment letters, other documents and papers maintained in
connection with these appointments.
</p><p>All categories of records may include identifying information, such as names(s), date of birth,
home address, mailing address, Social Security Number(s), and telephone number(s). Records in this
system are:
</p><p>Reflecting work experience, licensure, credentials, educational-level achieved, and specialized
education or training occurring outside of Federal service.
</p><p>Government-sponsored training or participation in employee development programs designed to
broaden an employee's work experiences or for the purposes of advancement.
</p></xhtmlContent></subsection>
<subsection type="authorityForMaintenance"><xhtmlContent><p>Title 38, United States Code, Chapter 73.
</p></xhtmlContent></subsection>
<subsection type="purpose"><xhtmlContent><p>The information in this system is used to evaluate the qualifications of approximately
30,000 medical residents appointed under 38 U.S.C. 7406
whose stipends and fringe benefits are not centrally administered under the provisions of 38 U.S.C.
7406(c).
</p></xhtmlContent></subsection>
<subsection type="routineUsesOfRecords"><xhtmlContent><p>1. To disclose the information listed in 5 U.S.C. 7114(b)(4) 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.
</p><p>2. To disclose to the Federal Labor Relations Authority (including its General Counsel)
information related to the establishment of jurisdiction, the investigation and resolution of
allegations of unfair labor practices, or information in connection with the resolution of
exceptions to arbitration awards when a question of material fact is raised; to disclose information
in matters properly before the Federal Services Impasses Panel, and to investigate representation
petitions and conduct or supervise representation elections.
</p><p>3. Disclosure may be made to individuals, organizations, private or public agencies, or other
entities or individuals with whom VA has a contract or agreement to perform such services as VA may
deem practicable for the purposes of laws administered by VA, in order for the contractor,
subcontractor, public or private agency, or other entity or individual with whom VA has an agreement
or contract to perform the services of the contract or agreement. This routine use includes
disclosures by the individual or entity performing the service for VA to any secondary entity or
individual to perform an activity that is necessary for individuals, organizations, private or
public agencies, or other entities or individuals with whom VA has a contract or agreement to
provide the service to VA.
</p><p>4. To disclose information to officials of the Merit Systems Protection Board, or 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.
</p><p>5. VA may, on its own initiative, disclose any information or records to appropriate agencies,
entities, and persons under the following circumstances: 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 program (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.
</p><p>6. To disclose information to the Equal Employment Opportunity Commission when requested in
connection with investigations of alleged or possible discriminatory practices, examination of
Federal affirmative employment programs, or for other functions of the Commission as authorized by
law or regulation.
</p><p>7. VA may disclose on its own initiative any information in this system, except the names and
home addresses of veterans and their dependents, which is relevant to a suspected 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, 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. On its own initiative, VA may also disclose 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, rule or order issued pursuant thereto.
</p><p>8. VA may disclose information from this system to the National Archives and Records
Administration (NARA) and General Services Administration (GSA) in records management inspections
conducted under Title 44, Chapter 29, of the U.S. Code.
</p><p>9. A record from this system of records may be disclosed as a 'routine use' to a Federal, State
or local agency maintaining civil, criminal or other relevant information, such as current licenses,
if necessary to obtain information relevant to an agency decision concerning the hiring or retention
of an employee or health professions trainee, the issuance of a security clearance, the letting of a
contract, or the issuance of a license, grant or other benefits.
</p><p>10. A record from this system of records may be disclosed to a Federal agency, in response to its
request, in connection with the hiring or retention of an employee or health professions trainee,
the issuance of a security clearance, the reporting of an investigation of an employee or health
professions trainee, the letting of a contract, or the issuance of a license, grant, or other
benefit by the requesting agency, to the extent that the information is relevant and necessary to
the requesting agency's decision on the matter.
</p><p>11. Disclosure may be made to a congressional office from the record of an individual in response
to an inquiry from the congressional office made at the request of that individual.
</p><p>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 non-
government 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
health professions trainee or to inform a Federal agency or licensing boards or the appropriate non-
government entities about the health care practices of a terminated, resigned or retired health care
employee or health professions trainee 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.
</p><p>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, or health professions trainees.
</p><p>14. 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 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
that is compatible with the purpose for which VA collected the records.
</p><p>15. Allows disclosure of relevant health care information to individuals or organizations
(private or public) with whom VA has a contract or sharing agreement for the provision of health
care, administrative or financial services. VA must be able to share information with other
organizations participating in the care of veterans.
</p><p>16. Relevant information from this system of records may be disclosed to the National
Practitioner Data Bank and/or State Licensing Board in State(s) in which a practitioner is licensed,
in which the VA facility is located, and/or in which an act or omission occurred concerning:
</p><p>(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;
</p><p>(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,
</p><p>(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 a healthcare 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.
</p><p>17. Allows disclosure of information from this system of records to the following:
</p><p>a. Government training facilities (Federal, State, and local) and to non-government training
facilities (private vendors of training courses or programs, private schools, <i>etc.</i>) for
training purposes.
</p><p>b. Educational institutions about the appointment of their recent graduates to VA positions.
These disclosures are made to enhance recruiting relationships between VA and these institutions.
</p><p>c. College and university officials with information about students who are working at VA to
receive academic credit for the experience.
</p></xhtmlContent></subsection>
<subsection type="policiesAndPractices"><xhtmlContent><p>Storage:</p>
<p>Records are maintained on paper documents, magnetic tape and computer printouts at VA
facilities and VA Office of Academic Affiliation Data Management Center.
</p></xhtmlContent></subsection>
<subsection type="retrievability"><xhtmlContent><p>Records are retrieved by the names and personal identifiers assigned to the individuals on
whom they are maintained.
</p></xhtmlContent></subsection>
<subsection type="safeguards"><xhtmlContent><p>Electronic files are password protected and accessible only by authorized persons. Access to
VA working and storage areas is restricted 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 facilities are
protected from outside access by the Federal Protective Service or other security personnel.
</p></xhtmlContent></subsection>
<subsection type="retentionAndDisposal"><xhtmlContent><p>Paper records and information stored on electronic storage media are maintained and disposed
of in accordance with records disposition authority approved by the National Archives and Records
Administration.
</p></xhtmlContent></subsection>
	<subsection type="systemManager"><xhtmlContent><p>Officials maintaining the policy and procedures: Human Resources Management Offices (135)
where this system is utilized. (<i>See</i> VA Appendix 1 for local addresses.) Officials responsible
for policies and procedures: Deputy Assistant Secretary for Human Resources Management (05), VA
Central Office, Washington, DC 20420. Officials maintaining the system: Directors at the facility
where the individual(s) were associated and the Chief Academic Affiliations Officer (14), Department
of Veterans Affairs, Veterans Health Administration, 810 Vermont Avenue, NW., Washington, DC 20420.
</p></xhtmlContent></subsection>
<subsection type="notificationProcedure"><xhtmlContent><p>Individuals who wish to determine whether this system of records contains information about
them should contact the VA facility at the location where they made application. For a record
pertaining to the individual, they must submit a written request to the Privacy Officer or VA human
resources office of the last place of employment.
</p></xhtmlContent></subsection>
<subsection type="recordAccessProcedures"><xhtmlContent><p>Individuals who wish to determine whether this system of records contains information about
them should contact the Privacy Officer at the VA facility where they made application. Individuals
must submit a written request to the Privacy Officer or to the VA Office of Human Resources
Management or to the VA facility of the last place of employment for former employees.
</p></xhtmlContent></subsection>
<subsection type="contestingRecordProcedures"><xhtmlContent><p><i>See</i> "Notification procedure" above.</p></xhtmlContent></subsection>
<subsection type="recordSourceCategories"><xhtmlContent><p>Records in this system are obtained from: applicants, VA officials and from individuals and
organizations regarding the individual's qualifications; credentials and suitability for employment,
including prior employers, academic organizations, State licensing boards and/or national certifying
bodies, law enforcement entities, and health care providers.

</p></xhtmlContent></subsection></section>
<section id="16VA026" toc="yes">
<systemNumber>16VA026</systemNumber>
<subsection type="systemName">Litigation Files--VA.
</subsection>
<subsection type="systemLocation"><xhtmlContent><p>The system of records is located in the Office of the General Counsel, Professional Staff
Group VI (026), U.S. Department of Veterans Affairs (VA), 810 Vermont Avenue, NW., Washington, DC
20420.
</p></xhtmlContent></subsection>
<subsection type="categoriesOfIndividuals"><xhtmlContent><p>The following categories of individuals are covered by this system: (1) Veterans; (2) their
beneficiaries and their dependents; (3) VA employees; (4) insurance companies; (5) business
entities; (6) Veteran Service Organizations; (7) attorneys representing litigants; and (8) other
litigants.
</p></xhtmlContent></subsection>
<subsection type="categoriesOfRecords"><xhtmlContent><p>Records (or information contained in records) may include (1) pleadings; (2) opinions; (3)
briefs; (4) decisions; (5) evidentiary and nonevidentiary matter relating to a case or controversy
in an administrative or litigation proceeding.
</p></xhtmlContent></subsection>
<subsection type="authorityForMaintenance"><xhtmlContent><p>42 U.S.C. 2651 et seq.; 31 U.S.C. 3911; 28 U.S.C. 1346; 29 CFR 1600-1699; 38 U.S.C.
311.
</p></xhtmlContent></subsection>
<subsection type="purpose"><xhtmlContent><p>This system stores VA litigation and administrative investigations managed by Office of
General Counsel, other than Veterans' appeals before the U.S. Court of Appeals for Veterans Claims,
from the date of closure of the case to the final expiration of the period during which an appeal
could be filed.
</p></xhtmlContent></subsection>
<subsection type="routineUsesOfRecords"><xhtmlContent><p>1. VA may disclose information to a congressional office in response to an inquiry from the
congressional office on behalf of and at the request of that individual.
</p><p>2. VA may disclose information to the National Archives and Records Administration (NARA) and to
the General Services Administration (GSA) as required complying with statutory requirements to
disclose information to NARA and GSA for them to perform their statutory records management
activities and inspections under authority of title 44, Chapter 29, of the United States Code.
</p><p>3. VA may disclose information to individuals, organizations, private or public agencies, other
entities with whom VA has a contract or agreement to perform such services as VA may deem
practicable for the purposes of laws administered by VA, in order for the contractor, subcontractor,
public or private agency, or other entity or individuals with whom VA has contract or agreement.
This routine use includes disclosures by the individual or entity performing the service for VA to
any secondary entity or individual to perform an activity that is necessary for individuals,
organizations, private or public agencies, or other entities or individuals with whom VA has a
contract or agreement to provide the service to VA.
</p><p>4. VA may disclose on its own initiative any information in this system, except the names, home
addresses or other personally identifiable information of Veterans and their dependents, which is
relevant to a suspected 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, 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. On its own initiative, VA may also disclose
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, rule or order issued pursuant
thereto.
</p><p>5. Pleadings, opinions, briefs, decisions and evidentiary and nonevidentiary matters may be
disclosed to a Federal agency upon its official request to enable that agency to properly prepare a
particular case or controversy regarding an administrative claim filed under the Federal Tort Claims
Act or a debt collection proceeding under the Federal Medical Care Recovery Act.
</p><p>6. Pleadings, opinions, briefs, decisions and evidentiary and nonevidentiary matter may be
disclosed to a Federal agency to enable the VA to obtain records necessary for the VA to properly
prepare a particular case or controversy under the Federal Tort Claims Act or a proceeding under the
Federal Medical Care Recovery Act.
</p><p>7. Pleadings, opinions, briefs, decisions and evidentiary and nonevidentiary matter may be
disclosed to a Federal or a State court to enable the VA to file pleadings, comply with rules and
procedures of the court, or to respond to a request from the court in any case or controversy.
</p><p>8. Pleadings, opinions, briefs, decisions and matters of evidentiary and nonevidentiary matter
may be disclosed to a Federal, State, local, or foreign agency, insurance carriers, other
individuals from whom the VA is seeking reimbursement and other parties litigant or having an
interest in administrative, prelitigation, litigation and post-litigation phases of a case or
controversy, provided, that the name and address of a Veteran can only be disclosed under this
routine use if the release is for a VA debt collection proceeding, or if the name and address has
been provided to the VA by the party seeking the information.
</p><p>9. VA may, on its own initiative, disclose any information or records to appropriate agencies,
entities, or 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
reputation 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 of programs
(whether maintained by the Department or another agency or entity) that rely upon 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 provision of credit protection services or any risk analysis services when necessary to respond
to, and if necessary, mitigate damages that might arise from a data breach involving data covered by
this system of records.
</p><p>10. VA may provide Department of Justice (DoJ) with information needed to represent the United
States in litigation. VA may also disclose the information for this purpose in proceedings in which
DoJ is not representing the Agency.
</p><p>11. VA may disclose information to officials of the Merit Systems Protection Board or the Office
of 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 Title 5, United States Code,
Sections 1205 and 1206, or as may be authorized by law.
</p><p>12. VA may disclose information to the Equal Employment Opportunity Commission when requested in
connection with investigations of alleged or possible discriminatory practices, examination of
Federal affirmative employment programs, compliance with the Uniform Guidelines of Employee
Selection Procedures, or for other functions vested in the Commission as authorized by law or
regulation.
</p><p>13. VA may disclose to the Federal Labor Relations Authority (including its General Counsel)
information related to the establishment of jurisdiction, the investigation and resolution of
allegations of unfair labor practices, or information in connection with the resolution of
exceptions to arbitration awards when a question of material fact is raised; to disclose information
in matters properly before the Federal Services Impasses Panel, and to investigate representation
petitions and conduct or supervise representation elections.
</p></xhtmlContent></subsection>
<subsection type="policiesAndPractices"><xhtmlContent><p>Storage:</p>
<p>Records are maintained in individual file folders organized by the OGC Professional Staff
Group (PSG) handling the litigation.
</p></xhtmlContent></subsection>
<subsection type="retrievability"><xhtmlContent><p>The individual litigation folders are sorted by the OGC Professional Staff Group (PSG)
handling the matter. Within each PSG section the records are maintained in alphabetical order by
last name of an individual, business or organization involved in the litigation.
</p></xhtmlContent></subsection>
<subsection type="safeguards"><xhtmlContent><p>Records are maintained in a manned room during working hours. During nonworking hours, the
file area is locked, and the building is protected by the Federal Protective Service. Access to the
records is only authorized to VA personnel on a "need to know" basis.
</p></xhtmlContent></subsection>
<subsection type="retentionAndDisposal"><xhtmlContent><p>Upon completion of a case, except for precedent-setting cases (which are maintained
permanently), records are treated as follows:
</p><p>In Central Office, litigation files other than EEO records are maintained in the OGC Docket Room
for two years, retired to the Washington National Federal Records Center for four years and then
destroyed. EEO complainant records are maintained in the OGC Docket Room for four years, and then
destroyed.
</p><p>In Regional Counsel Offices, litigation files other than EEO records are maintained in the
respective Regional Counsel Office for six years, and then destroyed. EEO complainant records are
maintained in the Regional Counsel Office for four years, then destroyed. A Regional Counsel Office
may choose to transfer records to the VA Records Center and Vault in Neosho, MO.
</p></xhtmlContent></subsection>
<subsection type="systemManager"><xhtmlContent><p>Assistant General Counsel, Professional Staff Group VI (026), Office of General Counsel,
United States Department of Veterans Affairs, 810 Vermont Avenue,  NW., Washington, DC 20420.
</p></xhtmlContent></subsection>
<subsection type="notificationProcedure"><xhtmlContent><p>An 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
record, should submit a written request to the Assistant General Counsel, Professional Staff Group
VI (026), Office of General Counsel, U.S. Department of Veterans Affairs, 810 Vermont Avenue, NW.,
Washington, DC 20420. Such requests must contain a reasonable description of the records requested.
All inquiries must reasonably identify the information involved and should include the individual's
full name, return address, and telephone number.
</p></xhtmlContent></subsection>
<subsection type="recordAccessProcedures"><xhtmlContent><p>Individuals, businesses or organizations seeking information regarding access to VA
information maintained by the Office of General Counsel Central Office or Regional Counsel Offices
may send a request by mail to the Assistant General Counsel, Professional Staff Group VI (026),
Office of the General Counsel, Department of Veterans Affairs, 810 Vermont Avenue,  NW., Washington,
DC 20420.
</p></xhtmlContent></subsection>
<subsection type="contestingRecordProcedures"><xhtmlContent><p>Individuals, businesses or organizations seeking information regarding access to VA
information maintained by the Office of General Counsel Central Office or Regional Counsel Offices
may send a request by mail to the Assistant General Counsel, Professional Staff Group VI (026),
Office of the General Counsel, Department of Veterans Affairs, 810 Vermont Avenue,  NW., Washington,
DC 20420.
</p></xhtmlContent></subsection>
<subsection type="recordSourceCategories"><xhtmlContent><p>Courts, Veterans, beneficiaries and dependents of Veterans, litigants and their attorneys,
Federal and state agencies, insurance carriers, witnesses, or any other interested participants to
the proceedings.
</p></xhtmlContent></subsection>
<subsection type="exemptionsClaimed"><xhtmlContent><p>None.
</p></xhtmlContent></subsection></section>
<section id="17VA26" toc="yes">
<systemNumber>17VA26</systemNumber>
<subsection type="systemName">Loan Guaranty Fee Personnel and Program Participant Records-VA
</subsection>
<subsection type="systemLocation"><xhtmlContent><p>Records on nonsuspended fee personnel and program participants are maintained at Department of Veterans Affairs (VA) regional offices, medical and regional office centers, VA offices, and VA centers having loan guaranty activities. Records of nonsupervised lenders and subsidiaries of supervised lenders having authority to process VA loans automatically are maintained in VA Central Office. National Control List of suspended program participants and fee personnel are maintained at VA regional offices, medical and regional office centers, VA offices, and VA centers having loan guaranty activities. A Master Control list is maintained only at VA Central Office. Address locations are listed in Appendix 1 at the end of this document.
</p></xhtmlContent></subsection>
<subsection type="categoriesOfIndividuals"><xhtmlContent><p>The following categories of individuals will be covered by this system: (1) Fee personnel who may be paid by VA or by someone other than VA (i.e., appraisers, compliance inspectors, management brokers, and loan closing and fee attorneys who are not VA employees but are paid for actual case work performed), and (2) program participants (i.e., property management brokers and agents, real estate sales brokers and agents, participating lenders and their employees, title companies whose fees are paid by someone other than VA, and manufactured home dealers, manufacturers, and manufactured home park or subdivision owners).
</p></xhtmlContent></subsection>
<subsection type="categoriesOfRecords"><xhtmlContent><p>Records (or information contained in records) may include: (1) Applications by individuals to become VA-approved fee basis appraisers, compliance inspectors, fee attorneys, or management brokers. These applications include information concerning applicant's name, address, business phone numbers, Social Security numbers or taxpayer identification numbers, and professional qualifications; (2) applications by non-supervised lenders for approval to close guaranteed loans without the prior approval of VA (automatically); (3) applications by lenders supervised by Federal or State agencies for designation as supervised automatic lenders in order that they may close loans without the prior approval (automatically) of VA; applications for automatic approval or designation (i.e., (2) and (3)) contain information concerning the corporate structure of the lender, professional qualifications of the lender's officers or employees, financial data such as profit and loss statements and balance sheets to insure the firm's financial integrity; (4) identifying information such as names, business names (if applicable), addresses, phone numbers, and professional resumes of corporate officials or employees; (5) corporate structure information on prior approval lenders, participating real estate sales brokers or agents, developers, builders, investors, closing attorneys, or other program participants as necessary to carry out the functions of the Loan Guaranty Program; (6) records of performance concerning appraisers, compliance inspectors, management brokers, or fee attorneys on both firms and individual employees; (7) records of performance including disciplinary proceedings, concerning program participants; e.g., lenders, investors, real estate brokers, builders, fee appraisers, compliance inspectors, and developers both as to the firm and to individual employees maintained on an as-needed basis to carry out the functions of the Loan Guaranty Program; (8) National Control Lists which identify suspended real estate brokers and agents, lenders and their employees, investors, manufactured home dealers and manufacturers, and builders or developers; and (9) a master record of the National Control List (i.e., Master Control List) which includes information regarding parties previously suspended but currently reinstated to participation in the Loan Guaranty Program in addition to all parties currently suspended.
</p></xhtmlContent></subsection>
<subsection type="authorityForMaintenance"><xhtmlContent><p>Title 38, United States Code, chapter 3, section 210(c)(1); title 38, United States Code, chapters 21 and 37.
</p></xhtmlContent></subsection>
<subsection type="routineUsesOfRecords"><xhtmlContent><p>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 record on behalf of and at the request of that individual.
</p><p>2. Any information in this system may be disclosed to a Federal, State, or local agency, upon its official request, to the extent the agency has demonstrated 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 that agency.
</p><p>3. Any information in this system 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 personal or educational background in order for VA to obtain information from that agency 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.
</p><p>4. Any information in this system 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, rule, regulation, or order issued pursuant thereto.
</p><p>5. Identifying information and the reasons for the suspension of builders, developers, lenders, lender employees, real estate sales brokers and agents, manufactured home dealers, manufacturers, or other program participants suspended from participation in the Loan Guaranty Program may be disclosed to the Department of Housing and Urban Development (HUD), the Federal Housing Administration (FHA), United States Department of Agriculture (USDA), Farmers Home Administration, or other Federal, State, or local agencies to enable that agency to consider imposing similar restrictions on these suspended persons and/or firms.
</p><p>6. Identifying information and the performance records of qualified fee appraisers and compliance inspectors, including any information regarding their termination, non-redesignation, temporary suspension, or resignation from participation in the Loan Guaranty Program, including the records of any disciplinary proceedings, may be disclosed to Federal, State, or local, or non-government agencies, businesses, and professional organizations, to permit these entities to employ, continue to employ or contract for the services of qualified fee personnel, monitor the performance of such personnel, and take any appropriate disciplinary action.
</p><p>7. Identifying information as well as other information such as educational background and former business associations may be disclosed to business and professional organizations in order for VA to obtain these organizations' recommendations concerning the performance, character, professional activities, and other qualifications relating to participation in the Loan Guaranty Program.
</p><p>8. Identifying information and information concerning amounts paid to contractors, fee personnel, and other contractors, fee personnel and other program participants may be released to the Department of the Treasury, Internal Revenue Service, where required by law.
</p><p>9. 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 VA to respond to and comply with the issuance of a Federal subpoena.
</p><p>10. Any information in this system may be disclosed to a State or municipal grand jury, a State or municipal court or a 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 VA to respond to and comply with the issuance of a State or municipal subpoena; provided, that any disclosure of claimant information made under this routine use must comply with the provisions of 38 CFR 1.511.
</p><p>11. Identifying information and the reasons for suspension of individuals and/or firms suspended from the Loan Guaranty Program may be disclosed to other participants in the Loan Guaranty Program in order that they may decide whether or not to employ, or continue to employ, or contract with a suspended individual or firm.
</p><p>12. Identifying information and information concerning the performance of contractors, fee personnel, and other program participants may be released to consumer reporting agencies in order that VA may obtain information on their prior dealings with other Government agencies and so that other Government agencies may have the benefit of VA's experience with such parties.
</p><p>13. The names and addresses of debarred or suspended Loan Guaranty Program participants as well as the effective date and term of the exclusion may be disclosed to the General Services Administration to compile and maintain the "Lists of Parties Excluded from Federal Procurement or Nonprocurement Programs."
</p></xhtmlContent></subsection>
<subsection type="policiesAndPractices"><xhtmlContent><p>Storage:</p>
<p>Records on fee personnel and program participants are kept on paper documents and maintained in file folders and as electronically scanned documents. The National Control List of suspended program participants is also maintained on magnetic disk at Central Office.
</p></xhtmlContent></subsection>
<subsection type="retrievability"><xhtmlContent><p>All records are indexed or cross-indexed by the name of the individual or the firm.
</p></xhtmlContent></subsection>
<subsection type="safeguards"><xhtmlContent><p>Access to VA working spaces and record file storage areas is restricted to VA employees on a "need to know" basis. Generally, VA file areas are locked after normal duty hours and are protected from outside access by the Federal Protective Service or other VA security personnel. Sensitive files involving pending suspension or a legal action are stored in separate locked files.
</p></xhtmlContent></subsection>
<subsection type="retentionAndDisposal"><xhtmlContent><p>File cards and paper documents on suspended fee personnel and program participants are maintained until there has been a notification that the suspension has been terminated and the party reinstated into the Loan Guaranty Program, at which time these records are destroyed by VA regional offices or centers. The Master Control List records are retained indefinitely. Records on fee personnel and program participants are retained for various periods extending up to 2 years after all loans have been liquidated. Destruction of all the above records is accomplished by either shredding or burning.
</p></xhtmlContent></subsection>
<subsection type="systemManager"><xhtmlContent><p>Director, Loan Guaranty Service (26), VA Central Office, Washington, DC 20420.
</p></xhtmlContent></subsection>
<subsection type="notificationProcedure"><xhtmlContent><p>An 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 record should submit a written request or apply in person to the nearest VA Regional Loan Center. Address locations are listed in VA Appendix 1 at the end of this document. All inquiries must reasonably identify the relationship of the individual with the Loan Guaranty Program. Inquiries should include the individual's name, address, firm represented, if any, and capacity in which the individual participates or participated in the Loan Guaranty Program. However, some of the records in this system are exempt from the notification requirement under 5 U.S.C. 552a(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.
</p></xhtmlContent></subsection>
<subsection type="recordAccessProcedures"><xhtmlContent><p>An individual seeks access to or wishes to contest records maintained under his or her name on this system may write, call, or visit the nearest VA Regional Loan Center. Address locations are listed in VA Appendix 1 at the end of this document. However, some of the records in this system are exempt from the record access and contesting requirements under 5 U.S.C. 552a(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.
</p></xhtmlContent></subsection>
<subsection type="contestingRecordProcedures"><xhtmlContent><p>(See "Record access procedures" above.)
</p></xhtmlContent></subsection>
<subsection type="recordSourceCategories"><xhtmlContent><p>The information and the records in this system are obtained from the applicant, lenders, brokers and builder/sellers, credit and financial reporting agencies, an applicant's credit sources, depository institutions and employers, independent auditors and accountants, hazard insurance companies, taxing authorities, title companies, fee personnel, business and professional organizations, other VA records, other Federal, State, and local agencies, and other parties of interest involving VA-guaranteed, insured, vendee or direct loans or specially adapted housing.
</p></xhtmlContent></subsection>
<subsection type="systemsExempted"><xhtmlContent><p>The Secretary of Veterans Affairs has exempted this system of records from the following provisions of the Privacy Act of 1974, as permitted by 5 U.S.C. 552a(k)(2) and (5).
</p><p>5 U.S.C. 552a(c)(3)
</p><p>5 U.S.C. 552a(d)
</p><p>5 U.S.C. 552a(e)(1)
</p><p>5 U.S.C. 552a(e)(4)(G), (H), and (I)
</p><p>5 U.S.C. 552a(f)
</p><p><i>Reasons for exemptions:
</i></p><p>The exemption of information and material in this system of records is necessary in order to accomplish the law enforcement functions of the Loan Guaranty Service to prevent subjects of internal audit investigations for potential fraud and abuse in the VA Loan Guaranty Program from frustrating the investigatory process, to fulfill commitments made to protect the confidentiality of sources, to maintain access to sources of information, and to avoid endangering these sources. This information is also being exempted to maintain the confidentiality and integrity of material compiled solely for the purpose of determining the suitability, eligibility, or the qualifications of prospective VA program participants.
</p></xhtmlContent></subsection></section>
<section id="18VA05" toc="yes">
<systemNumber>18VA05</systemNumber>
<subsection type="systemName">Centralized Staffing System-VA
</subsection>
<subsection type="systemLocation"><xhtmlContent><p>Active records are located at the Veterans Administration (VA) Central Office, 810 Vermont
Avenue, NW, Washington, DC 20420. Inactive records will be stored at the same address. Information
from these records is also maintained in automated files at the VA Central Office. Duplicate copies
of certain manual and automated files are maintained only by the VA Central Office. No other VA
facility has access to the Centralized Staffing System automated data.
</p></xhtmlContent></subsection>
<subsection type="categoriesOfIndividuals"><xhtmlContent><p>Employees in specified occupations and at specified grade levels leading to centralized
managerial or executive positions.
</p></xhtmlContent></subsection>
<subsection type="categoriesOfRecords"><xhtmlContent><p>All categories of records may include names of individuals, social security numbers, dates
of birth, inquiries or correspondence sent to the VA by individuals, information pertinent to
decisions or responses given by the Administrator, Department Heads, Associate Deputy
Administrators, and Staff Office Directors, and copies of the decisions or responses of the
Administrator, Department Heads, Associate Deputy Administrators, and Staff Office Directors. The
records will also include:
</p><p>a. Records reflecting work experience, educational level, and specialized training obtained
outside of the Federal service.
</p><p>b. Records reflecting Federal service and documenting work experience and specialized education
or training received while employed. Such records contain information about: Past and present
positions held including grades, salaries, and duty station locaitons.
</p><p>c. Records pertaining to annual performance evaluation and supervisory assessment of performance
in response to specific knowledge, skills, abilities and other characteristics.
</p><p>d. Records relating to incentive awards received while employed within or outside of the agency.
</p><p>e. Records reflecting ratings assigned by a promotion panel to individuals participating in the
system.
</p><p>f. Records reflecting geographic mobility and mobility statements.
</p><p>g. Records reflecting qualification determinations made on individuals participating in the
system.
</p></xhtmlContent></subsection>
<subsection type="authorityForMaintenance"><xhtmlContent><p>Title 5, United States Code, Sections 301 and 302.
</p></xhtmlContent></subsection>
<subsection type="routineUsesOfRecords"><xhtmlContent><p>1. In the event that a system of records maintained by this agency to carry out its function
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, the relevant records in the system of records may be referred, as a
routine use to the appropriate agency, whether Federal, State, local or foreign, charged with the
responsibility of investigation or prosecuting such violation or charged with enforcing or
implementing the statute, or rule, regulation or order issued pursuant thereto.
</p><p>2. To provide statistical and other information in response to other legitimate and reasonable
requests as approved by appropriate VA authorities, such as the release of information under the
Freedom of Information Act.
</p><p>3. Disclosure may be made to a congressional office from the record of an individual in response
to an inquiry from the congressional office made at the request of that individual.
</p><p>4. Disclosure may be made to NARA (National Archives and Records Administration) GSA (General
Services Administration) in records management inspections conducted under authority of 44 U.S.C.
2904 and 2906.
</p></xhtmlContent></subsection>
<subsection type="policiesAndPractices"><xhtmlContent><p>Storage:</p>
<p>Paper documents, magnetic tape and disks.
</p></xhtmlContent></subsection>
<subsection type="retrievability"><xhtmlContent><p>Folder files are filed by name, automated records are indexed by social security number
within station.
</p></xhtmlContent></subsection>
<subsection type="safeguards"><xhtmlContent><p>1.Physical Security. The VA Central Office is protected from outside access by the Federal
Protective Service. All file areas are restricted to authorized personnel on a need-to-
know basis. Hard copy records pertaining to employees, or other sensitive records are stored in
locked cabinets. Access to the VA Central Office computer rooms is restricted to authorized
operating personnel through electronic locking devices. All other persons gaining access to the
computer room are escorted by an individual with authorized access.
</p><p>2. System Security: Access to computer programs is controlled at three levels: Programming,
auditing, and operations. The CSS provides automated recognition of authorized users and their
respective access restrictions through passwords. Passwords are changed periodically and are
restricted to authorized individuals on a need-to-know basis for system access or
security purposes. In addition to passwords, there are other levels of security assigned to system
personnel only.
</p><p>These levels are strictly monitored by the Systms Manager. The VA Central Office Systems Security
Officer is assigned responsiblity for privacy-security measures, including review of violation
logs and local control and distribution of passwords.
</p></xhtmlContent></subsection>
<subsection type="retentionAndDisposal"><xhtmlContent><p>Folder files are destroyed immediately upon separation from VA. Folders are retained two
years if employee withdraws from system and subsequently destroyed. Automated records are stored on
disks for a period of ten years. Automated records in excess of ten years are then stored on remote
disks separate from active disks. Other records are retained and disposed of in accordance with
disposition authorization approved by the Achivist of the United States.
</p></xhtmlContent></subsection>
<subsection type="systemManager"><xhtmlContent><p>Director, Office of Personnel, (054), VA Central Office, Washington, DC 20420.
</p></xhtmlContent></subsection>
<subsection type="notificationProcedure"><xhtmlContent><p>Any individual who wishes to determine whether a record is being maintained in this system
under his or her name, or who has a routine inquiry concerning the status of his or her application
under this system may contact the Director, Recruitment and Placement Service, Office of Personnel
and Labor Relations, VA Central Office, Washington, DC 20420. Requests concerning the specific
content of a record must be in writing or in person. Employee should provide full name, social
security number, employing station and position title.
</p></xhtmlContent></subsection>
<subsection type="recordAccessProcedures"><xhtmlContent><p>Employee or representative designated in writing may contact their servicing personnel
office in person or in writing for information on procedures for gaining access to his/her record.
</p></xhtmlContent></subsection>
<subsection type="contestingRecordProcedures"><xhtmlContent><p>(See Record Access Procedures above.)
</p></xhtmlContent></subsection>
<subsection type="recordSourceCategories"><xhtmlContent><p>Employee, Supervisory officials (appraisals), Personnel and Accounting Pay System.
</p></xhtmlContent></subsection></section>
<section id="20VA138" toc="yes">
<systemNumber>20VA138</systemNumber>
<subsection type="systemName">Motor Vehicle Operator Accident Records-VA
</subsection>
<subsection type="systemLocation"><xhtmlContent><p>Records are maintained at each VA Health Care Facility, where the authorization to operate a
Government-owned vehicle was issued, or at the facility where an accident occurred. Address
locations are listed in VA Appendix 1 at the end of this document.
</p></xhtmlContent></subsection>
<subsection type="categoriesOfIndividuals"><xhtmlContent><p>VA employees authorized to operate a Government-owned vehicle. Individuals involved in a
motor vehicle accident at a VA facility.
</p></xhtmlContent></subsection>
<subsection type="categoriesOfRecords"><xhtmlContent><p>Driving tests, road tests, accident reports, physical fitness reports. Reports and records
documenting the facts, circumstances and evidence surrounding a motor vehicle accident.
</p></xhtmlContent></subsection>
<subsection type="authorityForMaintenance"><xhtmlContent><p>Title 38, United States Code, Chapter 3, Section 210(c)(1); Title 38, United States Code,
Chapter 57, Section 3311.
</p></xhtmlContent></subsection>
<subsection type="routineUsesOfRecords"><xhtmlContent><p>1. To issue or remove a permit to operate a Governmental vehicle by the General Service
Administration to insure against the operation of a GSA vehicle by a driver who is not qualified or
who is a poor risk.
</p><p>2. Transfer of required information to attorneys representing parties involved in litigation of
motor vehicle accidents to assist attorneys in representing their clients.
</p><p>3. In the event that a system of records maintained by this agency to carry out its functions
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, the relevant records in the system of records may be referred, as
a routine use, to the appropriate agency, whether Federal, State, local or foreign, charged with the
responsibility of investigating or prosecuting such violation or charged with enforcing or
implementing the statute, or rule, regulation or order issued pursuant thereto.
</p><p>4. A record from this system of records may be disclosed to a Federal agency, in response to its
request, in connection with the hiring or retention of an employee, the issuance of a security
clearance, the reporting of an investigation of an employee, the letting of a contract, or the
issuance of a license, grant, or other benefit by the requesting agency, to the extent that he
information is relevant and necessary to the requesting agency's decision on the matter.
</p><p>5. A record from this system of records may be disclosed as a 'routine use' to a Federal, State
or local agency maintaining civil, criminal or other relevant information, such as current licenses,
if necessary to obtain information relevant to an agency decision concerning the hiring or retention
of an employee, the issuance of a security clearance, the letting of a contract, or the issuance of
a license, grant or other health, educational or welfare benefits.
</p><p>6. Disclosure may be made to a congressional office from the record of an individual in response
to an inquiry from the congressional office made at the request of that individual.
</p><p>7. Disclosure may be made to NARA (National Archives and Records Administration) GSA (General
Services Administration) in records management inspections conducted under authority of 44 U.S.C.
2904 and 2906.
</p><p>8. 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 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
that is compatible with the purpose for which VA collected the records.
</p><p>9. 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.
</p><p>10. 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.
</p><p>11. 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 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.
</p><p>12. 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.
</p><p>13. VA may, on its own initiative, disclose information to another federal agency, court, or
party in litigation before a court or other administrative proceedings conduced by an agency, if VA
is a party to the proceeding and needs to disclose the information to protect its interests.
</p></xhtmlContent></subsection>
<subsection type="policiesAndPractices"><xhtmlContent><p>Storage:</p>
<p>(a) Paper documents. (b) Photographs.
</p></xhtmlContent></subsection>
<subsection type="retrievability"><xhtmlContent><p>(a) The operator permits are filed alphabetically by name of operator.
</p></xhtmlContent></subsection>
<subsection type="safeguards"><xhtmlContent><p>Physical Security: Access to VA working space and medical record storage areas is restricted
to VA employees on a 'need to know' basis. Generally, VA file areas are locked after normal duty
hours and are protected from outside access by the Federal Protective Service. Employee file records
and file records of public figures or otherwise sensitive medical record files are stored in
separate locked files. Strict control measures are enforced to ensure that disclosure is limited to
a 'need to know' basis.
</p></xhtmlContent></subsection>
<subsection type="retentionAndDisposal"><xhtmlContent><p>(a) The operators permit file is disposed of three (3) years after separation or three (3)
years after cancellation of authorization to operate, whichever is earlier. (b) The accident files
are disposed of two (2) years after last activity. (c) Destruction of records is accomplished by
burning or shredding.
</p></xhtmlContent></subsection>
<subsection type="systemManager"><xhtmlContent><p>Director, Engineering Service (138), VA Central Office, Washington, DC 20420.
</p></xhtmlContent></subsection>
<subsection type="notificationProcedure"><xhtmlContent><p>Individuals seeking information concerning the existence or content of a record pertaining
to themselves must submit a written request or apply in person to the VA facility where the permit
was issued or the accident occurred. All inquiries must reasonably identify the portion of the
record system desired, i.e., Driver permit, or accident report. Inquiries should include the
individual's full name, dates of employment or approximate date of accident, vehicle license number,
description of the vehicles involved in the accident.
</p></xhtmlContent></subsection>
<subsection type="recordAccessProcedures"><xhtmlContent><p>Individuals or duly authorized representatives seeking information regarding access to and
contesting of these records may write, call or visit the VA facility where the permit was issued or
accident occurred.
</p></xhtmlContent></subsection>
<subsection type="contestingRecordProcedures"><xhtmlContent><p>(See Record Access Procedures above.)
</p></xhtmlContent></subsection>
<subsection type="recordSourceCategories"><xhtmlContent><p>1. Employee, 2. Private citizens involved in accidents, 3. Federal, State and local law
enforcement agencies, and 4. Private insurance companies.
</p></xhtmlContent></subsection></section>
    <section id="23VA10NB3" toc="yes">
<systemNumber>23VA10NB3</systemNumber>
<subsection type="systemName">Non-VA Care (Fee) Records-VA.</subsection>
<subsection type="systemLocation"><xhtmlContent>
<p>Paper and electronic records, including electronic images of Non-VA Care (fee) claims are maintained at the authorizing VA healthcare facility; the VA Financial Services Center (FSC), Austin, Texas; Austin. Information Technology Center (AITC), Austin, Texas; and Federal record centers.  Information is also stored in automated storage media records that are maintained at the authorizing VA healthcare facility; VA Chief Business Office Purchased Care (CBOPC), Denver, Colorado; Department of Veterans Affairs Headquarters, Washington, DC; VA Allocation Resource Center (ARC), Braintree, Massachusetts; VA Office of Information Field Offices (OIFOs); and FSC &amp; AITC.  Address locations for VA facilities are listed in VA Appendix 1 of the biennial Privacy Act Issuances publication.</p>

</xhtmlContent></subsection>
<subsection type="categoriesOfIndividuals"><xhtmlContent>

<p>1. Veterans who seek healthcare services under 38 U.S.C. Chapter 17.</p>
<p>2. Beneficiaries of other Federal agencies authorized VA medical services.</p>
<p>3. Pensioned members of allied forces seeking healthcare services under 38 U.S.C.109.</p>
<p>4. Healthcare providers treating individuals who receive care under 38 U.S.C. Chapters 1 and 17.</p>

</xhtmlContent></subsection>
<subsection type="categoriesOfRecords"><xhtmlContent>
<p>Records maintained in this system include application, eligibility, and claim information regarding payment determination for medical services provided to VA beneficiaries by non-VA healthcare institutions and providers.  Application and eligibility data may include personal information of the claimant (e.g., name, address, social security number, date of birth, date of death, VA claim number, other health insurance data), description of VA adjudicated compensable or non-compensable medical conditions, and military service data (e.g., dates, branch and character of service, medical information).  Claim data in this system may include information needed to properly consider claims for payment such as an Explanation of Benefit (EOB), description of the medical conditions treated and services provided, authorization and treatment dates, amounts claimed for healthcare services, health records including films, and payment information (e.g., invoice number, account number, date of payment, payment amount, check number, payee identifiers).  Additional information may include the healthcare provider’s name, address, and taxpayer identification number, correspondence concerning individuals and documents pertaining to claims for medical services, reasons for denial of payment, and appellate determinations.</p>
</xhtmlContent></subsection>
<subsection type="authorityForMaintenance"><xhtmlContent>
<p>Title 5 U.S.C 301, Title 26 U.S.C 61. Title 38, U.S.C. sections 31, 109, 111, 501, 1151 1703, 1705, 1710, 1712, 1717, 1720, 1721, 1724, 1725, 1727, 1728, 1741-1743, 1781, 1786, 1787, 3102, 5701 (b)(6)(g)(2)(g)(4)(c)(1), 5724, 7105, 7332, and 8131-8137. 38 Code of Federal Regulations 2.6 and 45 CFR part 160 and 164.  Title 44 U.S.C and Title 45 U.S.C.  Veterans Access, Choice, and Accountability Act of 2014.</p>


</xhtmlContent></subsection>
<subsection type="purpose"><xhtmlContent>
<p>Records may be used to establish, determine, and monitor eligibility to receive VA benefits and for authorizing and paying Non-VA healthcare services furnished to veterans and beneficiaries.  Other uses of this information include reporting healthcare provider earnings to the Internal Revenue Service; Third Party Liability, preparing responses to inquiries; performing statistical analyses for use in managerial activities, resource allocation and planning; processing and adjudicating administrative benefit claims by VBA Regional Office (RO) staff; conducting audits, reviews and investigations by staff of the VA healthcare facility, Veterans Integrated Service Network (VISN) Offices, VA FSC, VA Headquarters, and the VA Office of Inspector General (OIG); in the conduct of law enforcement investigations; and in the performance of quality assurance audits, reviews and investigations.</p></xhtmlContent></subsection>
<subsection type="routineUsesOfRecords"><xhtmlContent>
<p>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 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.</p>
<p>1. VA may disclose on its own initiative any information in this system, except the names and home addresses of veterans and their beneficiaries, which is relevant to a suspected 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, to a Federal, State, local, or Tribal 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 disclose on its own initiative the names and addresses of Veterans and their beneficiaries 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, rule or order issued pursuant thereto.</p>
<p>2. A record from this system of records may be disclosed to a Federal, State, or local government agency, maintaining civil, criminal, or other relevant information, such as current licenses, registration or certification, if necessary, to obtain information relevant to an agency decision concerning the hiring or retention of an employee, the use of an individual as a consultant, attending or to provide Non-VA Care (fee), the issuance of a security clearance, the letting of a contract, or the issuance of a license, grant, or other health, educational or welfare benefits.  Any information in this system also may be disclosed to any of the above-listed governmental organizations as part of a series of ongoing computer matches to determine if VA healthcare practitioners and private practitioners used by the VA hold current, unrestricted licenses, or are currently registered in a State, and are board certified in their specialty, if any.</p>
<p>3. VA may disclose information from this system of records to a Federal agency or the District of Columbia government, in response to its request, in connection with the hiring or retention of an employee and the issuance of a security clearance as required by law, the reporting of an investigation of an employee, the issuance of a license, grant, or other benefit by the requesting agency, to the extent that the information is relevant and necessary to the requesting agency’s decision.</p>
<p>4. Information from this system of records may be disclosed to the Department of the Treasury to facilitate VA payment to physicians, clinics, and pharmacies for reimbursement of services rendered, to facilitate payments to veterans for reimbursements of authorized expenses, or to collect, by set off or otherwise, debts owed the United States.</p>
<p>5. Disclosure may be made to a congressional office, from the record of an individual, in response to an inquiry from the congressional office made at the request of that individual.</p>
<p>6. Disclosure may be made to National Archives and Records Administration (NARA), and General Services Administration (GSA) in records management inspections conducted under authority of 44 United States Code.</p>
<p>7. 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 non-government entities about the healthcare practices of a terminated, resigned or retired healthcare employee whose professional healthcare 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.</p>
<p>8. 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 of healthcare practitioners, and other times as deemed necessary by VA, in order for VA to obtain information relevant to a Department decision concerning the hiring, privileging, retention or termination of the applicant or employee.</p>
<p>9. 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: (a) Any payment for the benefit of a physician, dentist, or other licensed healthcare 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; (b) 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 (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 healthcare 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.</p>
<p>10. Relevant identifying and medical treatment information (excluding medical treatment information related to drug or alcohol abuse, infection with the human immunodeficiency virus or sickle cell anemia) may be disclosed to a Federal agency or non-VA healthcare provider or institution, including their billing or collection agent, when VA refers a patient for treatment or medical services, or authorizes a patient to obtain non-VA medical services and the information is needed by the Federal agency or non-VA institution or provider to perform the services, or for VA to obtain sufficient information in order to consider or make payment for health care services, to evaluate the services rendered, or to determine the need for additional services.</p>
<p>11. Information maintained in this system concerning non-VA healthcare institutions and providers, including name, address, social security or employer’s taxpayer identification numbers, may be disclosed to the Department of the Treasury, Internal Revenue Service, to report calendar year earnings of $600 or more for income tax reporting purposes.</p>
<p>12. The name, date of birth and social security number of a Veteran or beneficiary, and any other identifying and claim information as is reasonably necessary, such as provider identification, description of services furnished, and VA payment amount, may be disclosed to another Federal agency for its use in identifying potential duplicate payments for healthcare services paid by Department of Veteran Affairs and that agency.  This information may also be disclosed as part of a computer matching agreement to accomplish this purpose.</p>
<p>13. Relevant information from this system of records may be disclosed to individuals, organizations, or private or public agencies, with whom VA has a contract or agreement 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.</p>
<p>14. Any relevant information in this system of records may be disclosed to attorneys, insurance companies, employers, and courts, boards, or commissions; such disclosures may be made only to the extent necessary to aid VA in the preparation, presentation, and prosecution of claims authorized under Federal, State, or local laws, and regulations promulgated thereunder.</p>
<p>15. 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 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 that is compatible with the purpose for which VA collected the records.</p>
<p>16. Any information in this system may be disclosed in connection with any proceeding for the collection of an amount owed to the United States by virtue of a person’s participation in any benefit program administered by the Veterans Health Administration when in the judgment of the Secretary, or an official generally delegated such authority under standard agency delegation of authority rules (38 CFR 2.6), such disclosure is deemed necessary and proper, in accordance with 38 U.S.C. 5701(b)(6).</p>
<p>17. The name and address of a veteran or beneficiary, and other information as is reasonably necessary to identify such individual, including personal information obtained from other Federal agencies through computer matching programs, and any information concerning the individual’s indebtedness to the United States by virtue of the individual’s participation in a benefits program administered by VA, may be disclosed to a consumer reporting agency for the purpose of locating the individual, obtaining a consumer report to determine the ability of the individual to repay an indebtedness, or assisting in the collection of such indebtedness provided that the applicable requirements of 38 U.S.C. 5701(g)(2) and 38 U.S.C. 5701(g)(4) have been met.</p>
<p>18. In response to an inquiry about a named individual from a member of the general public, information from this system may be disclosed to report the amount of VA monetary benefits being received by the individual.  This disclosure is consistent with 38 U.S.C. 5701(c)(1).</p>
<p>19. VA may disclose information from this system to a Federal agency for the purpose of conducting research and data analysis to perform a statutory purpose of that Federal agency upon the prior written request of that agency, provided that there is legal authority under all applicable confidentiality statutes and regulations to provide the data and VA has determined prior to the disclosure that the VA data handling requirements are satisfied.</p>
<p>20. Any information in this system of records relevant to a claim of a Veteran or beneficiary, such as the name, address, the basis and nature of a claim, amount of benefit payment information, medical information and military service and active duty separation information may be disclosed to accredited service organizations, VA approved claim agents and attorneys acting under a declaration of representation, so that these individuals can aid claimants in the preparation, presentation and prosecution of claims under the laws administered by VA. The name and address of a claimant will not, however, be disclosed to these individuals under this routine use if the claimant has not requested the assistance of an accredited service organization, claims agent or an attorney.</p>
<p>21. Any information in this system, including medical information, the basis and nature of claim, the amount of benefits, and other personal information may be disclosed to a VA Federal fiduciary or a guardian ad litem in relation to his or her representation of a claimant, but only to the extent necessary to fulfill the duties of the VA Federal fiduciary or the guardian ad litem.</p>
<p>22. The individual’s name, address, social security number and the amount (excluding interest) of any indebtedness which is waived under 38 U.S.C. 3102, compromised under 4 CFR Part 103, otherwise forgiven, or for which the applicable statute of limitations for enforcing collection has expired, may be disclosed to the Department of the Treasury, Internal Revenue Service, as a report of income under 26 U.S.C. 61(a)(12).</p>
<p>23. The name of a veteran or beneficiary, other information as is reasonably necessary to identify such individual, and any other information concerning the individual’s indebtedness by virtue of a person’s participation in a benefits program administered by VA, may be disclosed to the Department of the Treasury, Internal Revenue Service, for the collection of Title 38 benefit overpayments, overdue indebtedness, and/or costs of services provided to an individual not entitled to such services, by the withholding of all or a portion of the person’s Federal income tax refund.</p>
<p>24. The name, date of birth, and social security number of a Veteran or beneficiary, and other identifying information as is reasonably necessary may be disclosed to Social Security Administration for the purpose of validating social security numbers.  This information may also be disclosed as part of a computer matching agreement to accomplish this purpose.</p>
<p>25. The name and address of any healthcare provider in this system of records who has received payment for claimed services in behalf of a Veteran or beneficiary may be disclosed in response to an inquiry from a member of the general public.</p>
<p>26. Relevant information from this system of records may be disclosed to an accrediting Quality Review and Peer Review Organization with which VA has an agreement or contract to conduct such reviews in connection with the review of claims or other review activities associated with VA healthcare facility accreditation to professionally accepted standards, such as The Joint Commission or Utilization Review Accreditation Commission (URAC) or American Accreditation HealthCare Commission.</p>
<p>27. Eligibility and claim information from this system of records may be disclosed verbally or to a healthcare provider seeking reimbursement for claimed medical services to facilitate billing processes, verify eligibility for requested healthcare services, and provide payment information for claimed services. Eligibility or entitlement information disclosed may include the name, social security number, effective dates of eligibility, reasons for any period of ineligibility, and evidence of other health insurance information of the named individual.  Claim information disclosed may include payment information such as payment identification number, date of payment, date of service, amount billed, amount paid, name of payee, and reasons for non-payment.</p>
<p>28. Identifying information, including social security number of Veterans, spouse(s) of Veterans, and dependents of Veterans, may be disclosed to other Federal agencies for purposes of conducting computer matches, to obtain information to determine or verify eligibility of Veterans who are receiving VA medical care under relevant sections of Title 38 U.S.C.</p>
<p>29. VA may disclose patient identifying information to Federal agencies and VA and government-wide third-party insurers responsible for payment of the cost of medical care for the identified patients, in order for VA to seek recovery of the medical care costs.  These records may also be disclosed as part of a computer matching program to accomplish this purpose.</p>
<p>30. 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.</p>
<p>31. 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.</p></xhtmlContent></subsection>
<subsection type="routineUsesOfRecords"><xhtmlContent>
<p>Storage:</p>
<p>Records are maintained on paper documents or stored electronically by magnetic discs, magnetic tape, and optical or digital imaging at the authorizing VA healthcare facility.  Reports and information on automated storage media (e.g., microfilm, microfiche, magnetic tape and disks, and digital and laser optical media) is stored at the authorizing VA healthcare facility, VA Headquarters, ARC, OIFOs, FSC, AITC, and Veterans Integrated Service Network (VISN) offices.</p>
<p>Information pertaining to electronic claims submitted to VA for payment consideration may be stored at the authorizing VA healthcare facility, FSC, AITC, and at CBOPC.  Records maintained at CBOPC are stored electronically.</p></xhtmlContent></subsection>
<subsection type="retrievability"><xhtmlContent>
<p>Paper and electronic records pertaining to the individual may be retrieved by the name or Social Security number of the record subject.  Records pertaining to the healthcare provider are retrieved by the name or Social Security and taxpayer identification number of the non-VA healthcare institution or provider.  Records at the ARC are retrieved only by Social Security number.</p>

</xhtmlContent></subsection>
<subsection type="safeguards"><xhtmlContent>

<p>1. VA will maintain the data in compliance with applicable VA security policy directives that specify the standards that will be applied to protect sensitive personal information.  Contractors and their subcontractors who access the data are required to maintain the same level of security as VA staff.  Working spaces and record storage areas in VA facilities are restricted to VA employees. Generally, file areas are locked after normal duty hours and healthcare facilities are protected from outside access by security personnel.  Access to the records is restricted to VA employees who have a need for the information in the performance of their official duties.  Employee records or records of public figures or otherwise sensitive records are generally stored in separate locked files.</p>
<p>2. Electronic data security complies with applicable Federal Information Processing Standards (FIPS) issued by the National Institute of Standards and Technology (NIST).  Access to computer rooms at healthcare facilities is generally limited by appropriate locking devices and restricted to authorized VA employees and vendor personnel.  Peripheral devices are generally placed in secure areas (areas that are locked or have limited access) or are otherwise protected.  Access to file information is controlled at two levels: the system recognizes authorized employees by a series of individually unique passwords/codes that must be changed periodically by the employee, and employees are limited by role-based access to only that information in the file which is needed in the performance of their official duties.  Information that is downloaded and maintained on personal computers is afforded similar storage and access protections as the data that is maintained in the original files.  Remote access to file information by staff of the OIFOs, and access by OIG staff conducting an audit or investigation at the healthcare facility or an OIG office location remote from the healthcare facility is controlled in the same manner.</p>
<p>3. Access to FSC and AITC is generally restricted to each Center’s employees, custodial personnel and security personnel.  Access to computer rooms is restricted to authorized operational personnel through electronic locking devices.  All other persons gaining access to computer rooms are escorted. Authorized VA employees at remote locations, including VA healthcare facilities, OIFOs, VA Headquarters, VISN offices, and OIG headquarters and field staff, may access information stored in the computer.  Access is controlled by individually unique passwords/codes that must be changed periodically by the employee.</p>
<p>4. Access to records maintained at VA Headquarters, ARC, OIFOs, and VISN offices is restricted to VA employees who have a need for the information in the performance of their official duties.  Access to information stored on automated storage media is controlled by individually unique passwords/codes that must be changed periodically by the employee.  Authorized VA employees at remote locations including VA healthcare facilities may access information stored in the computer.  Access is controlled by individually unique passwords/codes. Records are maintained in manned rooms during nonworking hours.  The facilities are protected from outside access during working hours by security personnel.</p>
<p>5. Information downloaded and maintained by the OIG Headquarters and field offices on automated storage media is secured in storage areas or facilities to which only OIG staff members have access.  Paper documents are similarly secured.  Access to paper documents and information on automated storage media is limited to OIG employees who have a need for the information in the performance of their official duties.  Access to information stored on automated storage media is controlled by individually unique passwords/codes.</p>
<p>6. Access to records maintained at CBOPC Office of Information and Technology (OI&amp;T) is restricted to VA employees who have a need for the information in the performance of their official duties.  Access to information stored on automated storage media is controlled by individually unique passwords/codes that must be changed periodically by the employee.  Authorized VA employees at remote locations including VA healthcare facilities may access and print information stored in the computer.  Access is controlled by individually assigned unique passwords/codes.  Records are maintained in a secured, pass card protected and alarmed room. The facilities are protected from outside access during non-working hours by security personnel.</p>
</xhtmlContent></subsection>
<subsection type="retentionAndDisposal"><xhtmlContent>
<p>Paper and electronic documents at the authorizing healthcare facility related to authorizing the Non-VA Care (fee) and the services authorized, billed and paid for are maintained in ‘‘Patient Medical Records-VA’’ (24VA10P2).  These records are retained at healthcare facilities for a minimum of three years after the last episode of care.  After the third year of inactivity the paper records are transferred to a records facility for seventy-two (72) more years of storage.</p>
<p>Automated storage media, imaged Non-VA Care (fee) claims, and other paper documents that are included in this system of records and not maintained in ‘‘Patient Medical Records-VA’’ (24VA10P2) are retained and disposed of in accordance with disposition authority approved by the Archivist of the United States.</p>
<p>Paper records that are imaged for viewing electronically are destroyed after they have been scanned, and the electronic copy is determined to be an accurate and complete copy of the paper record imaged.</p>
</xhtmlContent></subsection>
<subsection type="systemManager"><xhtmlContent>
<p>Official responsible for policies and procedures: Chief Business Officer (10NB), Department of Veterans Affairs, Veterans Health Administration, VA Central Office, 810 Vermont Avenue, NW., Washington, DC 20420.  Official Maintaining the System: Director, National Non-VA Care (Fee) Program Office, VHA Chief Business Office Purchased Care, P.O. Box 469066, Denver, CO 80246. </p>
</xhtmlContent></subsection>
<subsection type="notificationProcedure"><xhtmlContent>
<p>An individual who wishes to determine whether a record is being maintained in this system under the individual’s name or other personal identifier, or who wants to determine the contents of such record, should submit a written request or apply in person to the last VA healthcare facility where care was authorized or rendered.  Addresses of VA healthcare facilities may be found in VA Appendix 1 of the Biennial Publication of Privacy Act Issuances.  All inquiries must reasonably identify the portion of the Non-VA Care (fee) record involved and the place and approximate date that medical care was provided.  Inquiries should include the patient’s full name, social security number, and return address.</p>
</xhtmlContent></subsection>
<subsection type="recordAccessProcedures"><xhtmlContent>
<p>Individuals seeking information regarding access to health records and/or contesting health l records may write, call or visit the VA facility where medical care was last authorized or provided.  Individuals seeking information regarding access to claims and/or billing records will write to the VHA Chief Business Office Purchased Care, Privacy Office, PO BOX 469060, Denver, CO.  All Requests for records about another person are required to provide a Request for an Authorization to Release Medical Records or Health Information signed by the record subject by using form VA Form 10-5345.  </p>
</xhtmlContent></subsection>
<subsection type="contestingRecordProcedures"><xhtmlContent>

<p>(See Record Access Procedures above.)</p>
</xhtmlContent></subsection>
<subsection type="recordSourceCategories"><xhtmlContent>
<p>The Veteran or other VA beneficiary, family members or accredited representatives, and other third parties; military service departments; private medical facilities and healthcare professionals; electronic trading partners; other Federal agencies; Veterans Health Administration facilities and automated systems; Veterans Benefits Administration facilities and automated systems; VA FSC facility and automated systems; and deployment status and availability.</p></xhtmlContent></subsection></section>

<section id="24VA10P2" toc="yes">
<systemNumber>24VA10P2</systemNumber>
<subsection type="systemName">Patient Medical Records-VA
</subsection>
<subsection type="systemLocation"><xhtmlContent>
<p>Records are maintained at each VA health care facility (in most cases, backup information is stored at off-site locations).  Subsidiary record information is maintained at the various respective services within the health care facility (e.g., Pharmacy, Fiscal, Dietetic, Clinical Laboratory, Radiology, Social Work, Psychology) and by individuals, organizations, and/or agencies with which VA has a contract or agreement to perform such services, as VA may deem practicable.  </p>
<p>Address locations for VA facilities are listed in Appendix 1 of the biennial publication of the VA Privacy Act Issuances.  In addition, information from these records or copies of these records may be maintained at the Department of Veteran Affairs Central Office, 810 Vermont, NW., Washington, DC  20420; VA National Data Centers; VA Health Data Repository (HDR), located at the VA National Data Centers; VA Chief</p>
<p>Information Office Field Offices; Veterans Integrated Service Networks (VISN); and Regional and General Counsel Offices.</p>

</xhtmlContent></subsection>
<subsection type="categoriesOfIndividuals"><xhtmlContent>

<p>1.  Veterans who have applied for health care services under Chapter 17 of Title 38, United States Code, and members of their immediate families;</p>
<p>2.  Spouses, surviving spouses, and children of veterans who have applied for health care services under Chapter 17 of Title 38, United States Code; </p>
<p>3.  Beneficiaries of other Federal agencies;</p>
<p>4.  Individuals examined or treated under contract or resource sharing agreements;</p>
<p>5.  Individuals examined or treated for research or donor purposes;</p>
<p>6.  Individuals who have applied for Title 38 benefits but who do not meet the requirements under Title 38 to receive such benefits;</p>
<p>7.  Individuals who were provided medical care under emergency conditions for humanitarian reasons; </p>
<p>8.  Pensioned members of allied forces provided health care services under Chapter I of Title 38, United States Code; and </p>
<p>9.  Caregivers.</p>

</xhtmlContent></subsection>
<subsection type="categoriesOfRecords"><xhtmlContent>
<p>The patient medical record is a consolidated health record (CHR) which may include:</p>
<p>(i) An administrative (non-clinical information) record (e.g., medical benefit application and eligibility information) including information obtained from Veterans Benefits Administration automated records such as the Veterans and Beneficiaries Identification and Records Locator Subsystem-VA (38VA23) and the Compensation, Pension, Education and Rehabilitation Records-VA (58VA21/22/28), and correspondence</p>
<p>about the individual;</p>
<p>(ii) A medical record (a cumulative account of sociological, diagnostic, counseling, rehabilitation, drug and alcohol, dietetic, medical, surgical, dental, psychological, and/or psychiatric information compiled by VA professional staff and non-VA health care providers), and</p>
<p>(iii) Subsidiary record information (e.g., Bed Management Solution (BMS), tumor registry, certain clinically oriented information associated with My HealtheVet such as secure messages, minimum data set, dental, pharmacy, nuclear medicine, clinical laboratory, radiology, and patient scheduling information).  The CHR may include identifying information (e.g., name, address, date of birth, VA claim number, social security number); military service information (e.g., dates, branch and character of service, service number, medical information); family information (e.g., next of kin and person to notify in an emergency; address information, name, social security number, and date of birth for a veteranâ€™s spouse and dependents; family medical history information); employment information (e.g., occupation, employer name and address); financial information (e.g., family income; assets; expenses; debts; amount and source of income for veteran, spouse, and dependents); third-party health plan contract information (e.g., health insurance carrier name and address, policy number, amounts billed and paid); and information pertaining to the individualâ€™s medical, surgical, psychiatric, dental, and/or psychological examination, evaluation, and/or treatment (e.g., information related to the chief complaint and history of present illness; information related to physical, diagnostic, therapeutic special examinations; clinical laboratory, pathology and x-ray findings; operations; medical history; medications prescribed and dispensed; treatment plan and progress; consultations; photographs taken for identification and medical treatment; education and research purposes; facility locations where treatment is provided; observations and clinical impressions of health care providers to include identity of providers and to include, as appropriate, the present state of the patientâ€™s health; and an assessment of the patientâ€™s emotional, behavioral, and social status, as well as an assessment of the patientâ€™s rehabilitation potential and nursing care needs).  Abstract information (e.g., environmental, epidemiological and treatment regimen registries) is maintained in auxiliary paper and automated records.</p>
</xhtmlContent></subsection>
<subsection type="authorityForMaintenance"><xhtmlContent>
<p> Title 38, United States Code, Sections 501(b) and 304.</p>
</xhtmlContent></subsection>
<subsection type="purpose"><xhtmlContent>
<p>The paper and automated records may be used for such purposes as: Ongoing treatment of the patient; documentation of treatment provided; payment; health care operations such as producing various management and patient follow-up reports; responding to patient and other inquiries; for epidemiological research and other health care related studies; statistical analysis, resource allocation and planning; providing clinical and administrative support to patient medical care; determining entitlement and eligibility for VA benefits; processing and adjudicating benefit claims by Veterans Benefits Administration Regional Office staff; for audits, reviews, and investigations conducted by staff of the health care facility, the networks, VA Central Office, and the VA Office of Inspector General (OIG); sharing of health information between and among VHA, DoD, Indian Health Services, and other government and private industry health care organizations; law enforcement investigations; quality assurance audits, reviews, and investigations; personnel management and evaluation; employee ratings and performance evaluations; and employee disciplinary or other adverse action, including discharge; advising health care professional licensing or monitoring bodies or similar entities of activities of VA and former VA health care personnel; accreditation of a facility by an entity such as the Joint Commission (JCAHO); and notifying medical schools of medical studentsâ€™ performance and billing.
</p></xhtmlContent></subsection>
<subsection type="routineUsesOfRecords"><xhtmlContent>
<p>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 may not be disclosed under a 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.</p>
<p>1.  VA may disclose health care information as deemed necessary and proper to Federal, State, and local government agencies and national health organizations in order to assist in the development of programs that will be beneficial to claimants, protect their rights under law, and assure that they are receiving all benefits to which they are entitled.</p>
<p>2.  VA may disclose health care information furnished and the period of care, as deemed necessary and proper to accredited service organization representatives and other approved agents, attorneys, and insurance companies to aid claimants whom they represent in the preparation, presentation, and prosecution of claims under laws administered by VA, or State or local agencies.</p>
<p>3.  VA may disclose on its own initiative any information, except the names and addresses of veterans and their dependents, that is relevant to a suspected 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, 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.  On its own initiative, VA may also disclose 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, rule, or order issued pursuant thereto.</p>
<p>4.  VA may disclose information to a Federal agency or the District of Columbia government, in response to its request, in connection with the hiring or retention of an employee and the issuance of a security clearance as required by law, the reporting of an investigation of an employee, or the issuance of a license, grant, or other benefit by the requesting agency, to the extent that the information is relevant and necessary to the requesting agencyâ€™s decision.</p>
<p>5.  Health care information may be disclosed by appropriate VA personnel to the extent necessary and on a need-to-know basis, consistent with good medical-ethical practices, to family members and/or the person(s) with whom the patient has a meaningful relationship.</p>
<p>6.  In response to an inquiry from a member of the general public about a named individual, VA may disclose the patientâ€™s name, presence (and location when needed for visitation purposes) in a medical facility, and general condition that does not reveal specific medical information (e.g., satisfactory, seriously ill).</p>
<p>7.  In the course of presenting evidence to a court, magistrate, or administrative tribunal in matters of guardianship, inquests, and commitments, VA may disclose relevant information to private attorneys representing veterans rated incompetent in conjunction with issuance of certificates of incompetency and to probation and parole officers in connection with court-required duties.</p>
<p>8.  VA may disclose relevant information to a guardian ad litem in relation to his or her representation of a claimant in any legal proceeding.</p>
<p>9.  VA may disclose information to a member of Congress or a congressional staff member in response to an inquiry from the congressional office made at the request of that individual.</p>
<p>10.  VA may disclose name(s) and address(es) of present or former members of the armed services and/or their dependents under certain circumstances:  (a) To any nonprofit organization, if the release is directly connected with the conduct of programs and the utilization of benefits under Title 38, or (b) to any criminal or civil law enforcement 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 for such name(s) or address(es) for a purpose authorized by law, provided that the records will not be used for any purpose other than that stated in the request and that the organization, agency, or instrumentality is aware of the penalty provision of 38 U.S.C. 5701(f).</p>
<p>11.  VA may disclose the nature of the patientâ€™s illness, probable prognosis, estimated life expectancy, and need for the presence of the related service member to the American Red Cross for the purpose of justifying emergency leave.</p>
<p>12.  VA may disclose relevant information to attorneys, insurance companies, employers, third parties liable or potentially liable under health plan contracts, and courts, boards, or commissions, to the extent necessary to aid VA in the preparation, presentation, and prosecution of claims authorized under Federal, State, or local laws, and regulations promulgated thereunder.</p>
<p>13.  VA may disclose health information for research purposes determined to be necessary and proper to epidemiological and other research entities approved by the Under Secretary for Health or designee, such as the Medical Center Director of the facility where the information is maintained.</p>
<p>14.  VA may disclose health information, including the name(s) and address(es) of present or former personnel of the Armed Services and/or their dependents, (a) to a Federal Department or agency or (b) directly to a contractor of a Federal Department or agency, at the written request of the head of the agency or the designee of the head of that agency, to conduct Federal research necessary to accomplish a statutory purpose of an agency.  When this information is to be disclosed directly to the contractor, VA may impose applicable conditions on the Department, agency, and/or contractor to ensure the appropriateness of the disclosure to the contractor.</p>
<p>15.  VA may disclose relevant information to the Department of Justice or other Federal agencies in pending or reasonably anticipated litigation or other proceedings before a court, administrative body, or other adjudicative tribunal, when: </p>
<p>(a) VA or any subdivision thereof; </p>
<p>(b) Any VA employee in his or her official capacity; </p>
<p>(c) Any VA employee in his or her individual capacity, where DoJ has agreed to represent the employee; or</p>
<p> (d) The United States, where VA determines that the proceedings are likely to affect the operations of VA or any of its components is a party to or has an interest in the proceedings, and VA determines that the records are relevant and necessary to the proceedings.</p>
<p>16.  Health care information may be disclosed by the examining VA physician to a non-VA physician when that non-VA physician has referred the individual to VA for medical care.</p>
<p>17.  VA may disclose records to the National Archives and Records Administration and the General Services Administration in records management inspections and other activities conducted under Title 44.</p>
<p>18.  VA may disclose health care information concerning a non-judicially declared incompetent patient to a third party upon the written authorization of the patientâ€™s next of kin in order for the patient or, consistent with the best interest of the patient, a member of the patientâ€™s family, to receive a benefit to which the patient or family member is entitled or to arrange for the patientâ€™s discharge from a VA medical facility.  Sufficient information to make an informed determination will be made available to such next of kin.  If the patientâ€™s next of kin is not reasonably accessible, the chief of staff, director, or</p>
<p>designee of the custodial VA medical facility may make the disclosure for these purposes.</p>
<p>19.  VA may disclose information to a Federal agency, a state or local government licensing board, and/or the Federation of State Medical Boards or a similar non-governmental entity that maintains records concerning individualsâ€™ employment histories or concerning the issuance, retention, or revocation of licenses, certifications, or registration necessary to practice an occupation, profession, or specialty, to inform the entity 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.</p>
<p>20.  VA may disclose information maintained in connection with the performance of any program or activity relating to infection with the Human Immunodeficiency Virus (HIV) to a Federal, State, or local public health authority that is charged under Federal or State law with the protection of the public health, and to which Federal or State law requires disclosure of such record, if a qualified representative of such authority has made a written request that such record be provided as required pursuant to such law for a purpose authorized by the law.  The person to whom information is disclosed, under 38 U.S.C. 7332(b)(2)(C), should be advised that they shall not re-disclose or use such information for a purpose other than that for which the disclosure was made.  The disclosure of patient name and address under this routine use must comply with the provisions of 38 U.S.C. 5701(f)(2).</p>
<p>21.  Information indicating that a patient or subject is infected with the Human Immunodeficiency Virus (HIV) may be disclosed by a physician or professional counselor to the spouse of the patient or subject, to an individual with whom the patient or subject has a meaningful relationship, or to an individual whom the patient or subject has during the process of professional counseling or of testing to determine whether the patient or subject is infected with the virus, identified as being a sexual partner of the patient or subject.  Disclosures may be made only if the physician or counselor, after</p>
<p>making reasonable efforts to counsel and encourage the patient or subject to provide the information to the spouse or sexual partner, reasonably believes that the patient or subject will not provide the information to the spouse or sexual partner and that the disclosure is necessary to protect the health of the spouse or sexual partner.  Such disclosures should, to the extent feasible, be made by the patientâ€™s or subjectâ€™s treating physician or professional counselor.  Before any patient or subject gives consent to being tested for the HIV, as part of pre-testing counseling, the patient or subject must be informed fully about these notification procedures.</p>
<p>22.  VA may disclose information, including name, address, social security number, and other information as is reasonably necessary to identify an individual, to the National Practitioner Data Bank at the time of hiring and/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/reprivileging, retention, or termination of the applicant or employee.</p>
<p>23.  VA may disclose relevant information to the National Practitioner Data Bank and/or State Licensing Board in the state(s) in which a practitioner is licensed, the VA facility is located, and/ or 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 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 Department policy that payment was related to substandard care, professional incompetence or professional misconduct on the part of the individual; (b) 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 (c) 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.  These records may also be disclosed as part of a computer matching program to accomplish these purposes.</p>
<p>24.  VA may disclose relevant health care information to a state veterans home for the purpose of medical treatment and/or follow-up at the state home when VA makes payment of a per diem rate to the state home for the patient receiving care at such home, and the patient receives VA medical care.</p>
<p>25.  VA may disclose relevant health care information to (a) a Federal agency or non-VA health care provider or institution when VA refers a patient for hospital or nursing home care or medical services, or authorizes a patient to obtain non-VA medical services, and the information is needed by the Federal agency or non-VA institution or provider to perform the services, or (b) a Federal agency or a non-VA hospital (Federal, State and local, public or private) or other medical installation having hospital facilities, blood banks, or similar institutions, medical schools or clinics, or other groups or individuals that have contracted or agreed to provide medical services or share the use of medical resources 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 and/or follow-up, determining entitlement to a benefit, or recovery of the costs of the medical care.</p>
<p>26.  VA may disclose health care information for program review purposes and the </p>

<p>seeking of accreditation and/or certification to survey teams of the JCAHO, College of American Pathologists, American Association of Blood Banks, and similar national accrediting agencies or boards with which VA has a contract or agreement to conduct such reviews, but only to the extent that the information is necessary and relevant to the review.</p>
<p>27.  VA may disclose relevant health care information to a non-VA nursing home facility that is considering the patient for admission, when information concerning the individualâ€™s medical care is needed for the purpose of preadmission screening under 42 CFR 483.20(f), to identify patients who are mentally ill or mentally retarded so they can be evaluated for appropriate placement.</p>
<p>28.  VA may disclose information which relates to the performance of a health care student or provider to a medical or nursing school or other health care related training institution, or other facility with which VA has an affiliation, sharing agreement, contract, or similar arrangement, when the student or provider is enrolled at or employed by the school, training institution, or other facility, and the information is needed for personnel management, rating, and/or evaluation purposes.</p>
<p>29.  VA may disclose relevant health care information to individuals, organizations, and private or public agencies with which VA has a contract or sharing agreement for the provision of health care or administrative services.</p>
<p>30.  VA may disclose identifying information, including social security number of a veteran, spouse, and dependent, to other Federal agencies for purposes of conducting computer matches to obtain information to determine, or to verify eligibility of veterans who are receiving VA medical care under Title 38.</p>
<p>31.  VA may disclose the name and social security number of a veteran, spouse, and dependent, and other identifying information as is reasonably necessary, to the Social Security Administration, Department of Health and Human Services (HHS), for the purpose of conducting a computer match to obtain information to validate the social security numbers maintained in VA records.</p>
<p>32.  VA may disclose the patientâ€™s name and relevant health care information concerning an adverse drug reaction to the Food and Drug Administration (FDA), HHS, for purposes of quality of care management, including detection, treatment, monitoring, reporting, analysis, and follow-up actions relating to adverse drug reactions.</p>
<p>33.  VA may disclose relevant health care information to DoD or its components for the counseling and treatment of individuals or families involved in abuse, neglect or in the provision of spiritual and pastoral care.</p>
<p>34.  VA may disclose information pursuant to 38 U.S.C. 7464, and notwithstanding  </p>
<p>Â§Â§ 5701 and 7332, to a former VA employee, as well as an authorized representative of the employee, whose case is under consideration by the VA Disciplinary Appeals Board, in connection with the considerations of the Board, to the extent the Board considers appropriate for purposes of the proceedings of the Board in that case, when authorized by the chairperson of the Board.</p>
<p>35.  Information that a patient is infected with Hepatitis C may be disclosed by a physician or professional counselor to the spouse, the person or subject with whom the patient has a meaningful relationship, or an individual whom the patient or subject has identified as being a sexual partner of the patient or subject.</p>
<p>36.  VA may disclose to the Federal Labor Relations Authority, including its General Counsel, information related to the establishment of jurisdiction, investigation, and resolution of allegations of unfair labor practices, or in connection with the resolution of exceptions to arbitration awards when a question of material fact is raised in matters before the Federal Service Impasses Panel.</p>
<p>37.  VA may disclose information 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</p>
<p>conditions.</p>
<p>38.  VA may disclose information 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, such</p>
<p>other functions promulgated in 5 U.S.C. 1205 and 1206, or as otherwise authorized by law.</p>
<p>39.  VA may disclose information to the Equal Employment Opportunity Commission when requested in connection with investigations of alleged or possible discrimination</p>
<p>practices, examinations of Federal affirmative employment programs, compliance with the Uniform Guidelines of Employee Selection Procedures, or other functions of the</p>
<p>Commission as authorized by law or regulation.</p>
<p>40.  VA may disclose relevant health care information to health and welfare agencies, housing resources, and utility companies, possibly to be combined with disclosures to other agencies, in situations where VA needs to act quickly in order to provide basic and/ or emergency needs for the patient and patientâ€™s family where the family resides with the patient or serves as a caregiver.</p>
<p>41.  VA may disclose health care information to funeral directors or representatives of funeral homes in order for them to make necessary arrangements prior to and in</p>
<p>anticipation of a patientâ€™s death.</p>
<p>42.  VA may disclose health care information to the FDA, or a person subject to the jurisdiction of the FDA, with respect to FDA-regulated products for purposes of reporting adverse events, product defects or problems, or biological product deviations; tracking</p>
<p>products; enabling product recalls, repairs, or replacement; and/or conducting post marketing surveillance.</p>
<p>43.  VA may disclose health care information to a non-VA health care provider, such as private health care providers or hospitals, DoD, or Indian Health Services (HIS) providers, for the purpose of treating VA patients.</p>
<p>44.  VA may disclose information to telephone company operators acting in their capacity to facilitate phone calls for hearing impaired individuals, such as patients, patientsâ€™ family members, or non-VA providers, using telephone devices for the hearing impaired, including Telecommunications Device for the Deaf (TDD) or Text Telephones</p>
<p>(TTY).</p>
<p>45.  VA may disclose information to any Federal, State, local, tribal, or foreign law enforcement agency in order to report a known fugitive felon, in compliance with 38 U.S.C. 5313B(d).</p>
<p>46.  Relevant health care information may be disclosed by VA employees who are designated requesters (individuals who have completed a course offered or approved by an Organ Procurement Organization), or their designees, for the purpose of determining suitability of a patientâ€™s organs or tissues for organ donation to an organ procurement organization, a designated requester who is not a VA employee, or their</p>
<p>designees acting on behalf of local organ procurement organizations.</p>
<p>47.  VA may disclose relevant heath care information to DoD, or its components, as necessary in addressing the transition, health care, benefits, and administrative support needs of or for wounded, ill, and injured active duty service members or reserve components, veterans, and their beneficiaries.</p>
<p>48.  VA may disclose information to other Federal agencies in order to assist those agencies in preventing, detecting, and responding to possible fraud or abuse by individuals in their operations and programs.</p>
<p>49.  VA may, on its own initiative, disclose any information 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,</p>
<p>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</p>
<p>compromised information; and (3) the disclosure is to agencies, entities, or persons whom VA determines are reasonably necessary to assist or carry out the Departmentâ€™s efforts to report or respond to the suspected or confirmed compromise and prevent, minimize, or remedy such harm.</p>
<p>50.  VA may disclose information to any third party or Federal agency, including contractors to those parties, who are responsible for payment of the cost of medical care for the identified patients, in support of VA recovery of medical care costs or for any activities related to payment of medical care costs.  These records may also be</p>
<p>disclosed as part of a computer matching program to accomplish these purposes.</p>
<p>51.  VA may disclose relevant information to health plans, quality review and/or peer review organizations in connection with the audit of claims or other review activities to determine quality of care or compliance with professionally accepted claims processing standards.</p>
<p>52.  VA may disclose identifying information, including name, address, and date of birth, as needed to verify the identity of an individual or to facilitate delivery of benefits or services to travel agencies, transportation carriers, or others authorized to act on behalf of VA to provide or arrange travel for examination, treatment, or care, or in connection with vocational rehabilitation or counseling services.</p>
<p>53.  VA may disclose information to a former VA employee or contractor, as well as the authorized representative of a current or former employee or contractor of VA, in pending or reasonably anticipated litigation against the individual regarding health care</p>
<p>provided during the period of his or her employment or contract with VA.</p>
<p>54.  VA may disclose information to a former VA employee or contractor, as well as the authorized representative of a current or former employee or contractor of VA, in defense or reasonable anticipation of a tort claim, litigation, or other administrative or</p>
<p>judicial proceeding involving VA when the Department requires information or consultation assistance from the former employee or contractor regarding health care provided during the period of his or her employment or contract with VA.</p>
<p>55.  VA may disclose information to a former VA employee or contractor, as well as the authorized representative of a current or former employee or contractor of VA, in connection with or in consideration of the reporting of:</p>
<p>(a) Any payment for the benefit of the former VA employee or contractor 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</p>
<p>was related to substandard care, professional incompetence, or professional misconduct on the part of the individual;</p>
<p>(b) A final decision which relates to possible incompetence or improper professional conduct that adversely affects the former employeeâ€™s or contractorâ€™s clinical privileges for a period longer than 30 days; or</p>
<p>(c) The former employeeâ€™s or contractorâ€™s surrender of clinical privileges or any restriction of such privileges while under investigation by the health care entity relating to possible incompetence or improper professional conduct to the National Practitioner Data Bank or the state licensing board in any state in which the individual is licensed, the VA facility is located, or an act or omission occurred upon which a medical malpractice claim was based.</p>
<p>56.  VA may disclose information to a former VA employee or contractor, as well as the authorized representative of a current or former employee or contractor of VA, in connection with or in consideration of reporting that the individualâ€™s 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, to a Federal agency, a State or local government licensing board, or the Federation of State Medical Boards or a similar nongovernmental entity which maintains</p>
<p>records concerning individualsâ€™ employment histories or concerning the issuance, retention, or revocation of licenses, certifications, or registration necessary to practice an occupation, profession, or specialty.</p>
<p>57.  VA may disclose information to a former VA employee or contractor, as well as the authorized representative of a current or former employee or contractor of VA, in connection with investigations by the Equal Employment Opportunity Commission pertaining to alleged or possible discrimination practices, examinations of Federal</p>
<p>affirmative employment programs, or other functions of the Commission as authorized by law or regulation.</p>
<p>58.  VA may disclose information to a former VA employee or contractor, as well as the authorized representative of a current or former employee or contractor of VA, in proceedings before the Merit Systems Protection Board or the Office of the Special Counsel in connection with appeals, special studies of the civil service and other merit</p>
<p>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 otherwise authorized by law.</p>
<p>59.  VA may disclose relevant information, including but not limited to, patient name, address, and social security number, to a state prescription drug monitoring program (PMDP), or similar program, for the purpose of submitting to or receiving from the program information regarding prescriptions to an individual for controlled substances, as required under the applicable state law.  </p>
<p>60.  VA may disclose relevant health information to the Centers for Medicare &amp; Medicaid Services and/or their designee to evaluate compliance with Medicare or Medicaid health care standards. </p>
</xhtmlContent></subsection>
<subsection type="policiesAndPractices"><xhtmlContent>

<p>Storage:</p>
<p>Records are maintained on paper, microfilm, electronic media including images and scanned documents, or laser optical media in the consolidated health record at the health care facility where care was rendered, in the VA Health Data Repository, at the VHA Records Center and Vault, and at Federal Record Centers.  In most cases, copies of backup computer files are maintained at offsite locations.  Subsidiary record information is maintained at the various respective services within the health care facility (e.g., pharmacy, fiscal, dietetic, clinical laboratory, radiology, social work, psychology) and by individuals, organizations, and/or agencies with whom VA has a contract or agreement to perform such services, as the VA may deem practicable.</p></xhtmlContent></subsection>
<subsection type="retrievability"><xhtmlContent>
<p>Records are retrieved by name, social security number, or other assigned identifiers of the individuals to whom they pertain.</p>
</xhtmlContent></subsection>
<subsection type="safeguards"><xhtmlContent>
<p>1.  Access to working spaces and patient medical record storage areas in VA health care facilities is restricted to authorized VA employees.  Generally, file areas are locked after normal duty hours.  Health care facilities are protected from outside access by the Federal Protective Service and/or other security personnel.  Access to patient medical records is restricted to VA employees who have a need for the information in the performance of their official duties.  Sensitive patient medical records, including employee patient medical records, records of public figures, or other sensitive patient</p>
<p>medical records are generally stored in separate locked files or a similar electronically controlled access environment.  Strict control measures are enforced to ensure that access to and disclosures from these patient medical records are limited.</p>
<p>2.  Access to computer rooms within health care facilities is generally limited by appropriate locking 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.  Only authorized VA employees or vendor employees may access information in the 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 that is needed in the performance of their official duties. Information that is downloaded and maintained on personal computers must be afforded similar storage and access protections as the data that is maintained in the original files.  Access by remote data users such as Veteransâ€™ Outreach Centers, Veterans Service Officers with power of attorney to</p>
<p>assist with claim processing, VBA Regional Office staff for benefit determination and processing purposes, OIG staff conducting official audits or investigations and other authorized individuals is controlled in the same manner.</p>
<p>3.  Access to the VA National Data Centers is generally restricted to Center employees, custodial personnel, Federal Protective Service, and other security personnel.  Access to computer rooms is restricted to authorized operational personnel through electronic locking devices.  All other persons gaining access to computer rooms are escorted.</p>
<p>Information stored in the computer may be accessed by authorized VA employees at remote locations including VA health care facilities, VA Central Office, VISNs, and OIG Central Office and field staff.  Access is controlled by individually unique passwords/codes that must be changed periodically by the employee.</p>
<p>4.  Access to the VA HDR, located at the VA National Data Centers, is generally restricted to Center employees, custodial personnel, Federal Protective Service, and other security personnel.  Access to computer rooms is restricted to authorized operational personnel through electronic locking devices.  All other persons gaining access to computer rooms are escorted.  Information stored in the computer may be accessed by authorized VA employees at remote locations including VA health care facilities, VA Central Office, VISNs, and OIG Central Office and field staff.  Access is controlled by individually unique passwords/codes that must be changed periodically by the employee.</p>
<p>5.  Access to records maintained at VA Central Office, the Allocation Resource Center Chief Information Office Field Offices, and VISNs is restricted to VA employees who have a need for the information in the performance of their official duties.  Access to information stored in electronic format is controlled by individually unique passwords/codes.  Records are maintained in manned rooms during working hours.  The facilities are protected from outside access during non-working hours by the Federal Protective Service or other security personnel.</p>
<p>6.  Computer access authorizations, computer applications available and used, information access attempts, and frequency and time of use are recorded.</p>
</xhtmlContent></subsection>
<subsection type="retentionAndDisposal"><xhtmlContent>
<p>In accordance with the records disposition authority approved by the Archivist of the United States, paper records and information stored on electronic storage media are maintained for seventy-five (75) years after the last episode of patient care and then destroyed/or deleted.</p>
</xhtmlContent></subsection>
<subsection type="systemManager"><xhtmlContent>
<p>Patient Medical Records:  Director, Information Assurance (10P2), Department of Veterans Affairs, 810 Vermont Avenue, NW., Washington, DC  20420.  Health Data Repository:  Director, Health Data Systems (19â€"SL), Department of Veterans Affairs, 295 Chipeta Way, Salt Lake City, UT  84108.</p>
</xhtmlContent></subsection>
<subsection type="notificationProcedure"><xhtmlContent>
<p>An 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 review the contents of such record, should submit a written request or apply in person to the last VA health care facility where care was rendered.  Addresses of VA health care facilities may be found in VA Appendix 1 of the Biennial Publication of Privacy Act Issuances.  All inquiries must reasonably describe the portion of the medical record involved and the place and approximate date that medical care was provided. Inquiries should include the patientâ€™s full name, social security number, and return address.</p>
</xhtmlContent></subsection>
<subsection type="recordAccessProcedures"><xhtmlContent>
<p>Individuals seeking information regarding access to and contesting of VA medical records may write, call, or visit the last VA facility where medical care was provided.</p>
</xhtmlContent></subsection>
<subsection type="contestingRecordProcedures"><xhtmlContent>
<p>(See Record Access Procedures above.)</p>
</xhtmlContent></subsection>
<subsection type="recordSourceCategories"><xhtmlContent>
<p>The patient, family members, friends, or accredited representatives, employers; military service departments; health insurance carriers; private medical facilities and health care professionals; state and local agencies; other Federal agencies; VA Regional Offices, Veterans Benefits Administration automated record systems (including Veterans and Beneficiaries Identification and Records Location Subsystem-VA (38VA23) and the Compensation, Pension, Education and Rehabilitation Records-VA (58VA21/22/28); and various automated systems providing clinical and managerial support at VA health care facilities.</p></xhtmlContent></subsection></section>

<section id="27VA047" toc="yes">
<systemNumber>27VA047</systemNumber>
<subsection type="systemName">Personnel and Accounting Integrated Data System--VA.
</subsection>
<subsection type="systemLocation"><xhtmlContent><p>This system of records is located in the VA Central Office, Washington, DC; the VA Austin
Information Technology Center and VA Austin Financial Services Center, Austin, Texas; at the
facilities of the Defense Finance and Accounting Service (DFAS) and the Department of Agriculture's
National Finance Center (NFC); at the offices of contractors and subcontractors; and VA field
facilities.
</p></xhtmlContent></subsection>
<subsection type="categoriesOfIndividuals"><xhtmlContent><p>Individuals covered by the system are all VA employees, except employees appointed on a
without compensation basis, medical or dental residents who receive their stipends and fringe
benefits through full disbursement agreements, and employees of the VA Office of Inspector General.
</p></xhtmlContent></subsection>
<subsection type="categoriesOfRecords"><xhtmlContent><p>These records include, but are not limited to: Name; home address; social security number
(SSN); taxpayer identification number (TIN); date of birth; grade; race; employing organization;
timekeeper number; salary; pay plan; number of hours worked, including compensatory time; leave
accrual rate, usage, and balances; records related to retirement and benefit elections; FICA
withholdings; Federal, State, and local tax withholdings; records related to travel expenses and
payments; telework indicator codes; carpool and ridesharing program records (i.e., name, address,
office location at the facility); public transportation benefit program records; records related to
garnishments, deductions, allotments, and direct deposit/electronic funds transfer (DD/EFT); and
records related to background information investigations.
</p></xhtmlContent></subsection>
<subsection type="authorityForMaintenance"><xhtmlContent><p>38 U.S.C. 501(a); 5 U.S.C. Part III, Subparts D and E.
</p></xhtmlContent></subsection>
<subsection type="purpose"><xhtmlContent><p>These records are used to administer the pay, leave, and travel requirements related to VA
employees.
</p></xhtmlContent></subsection>
<subsection type="routineUsesOfRecords"><xhtmlContent><p>1. To produce and maintain automated human resources and payroll information, including
reports and statistical data, on VA employees for use by Federal, State, and local agencies and
organizations authorized by law or regulation, to have access to such information. These records may
be disclosed as part of an ongoing computer-matching program to accomplish these purposes. This
Routine use does not authorize the disclosure of information that must be disclosed under the
criteria contained in 5 U.S.C. 552a(b)(7), (8), and (11).
</p><p>2. To transfer human resources and payroll information to complete payroll checks and DD/EFT,
bond deductions, and withholding taxes to DFAS to affect delivery of salary payments to VA
employees.
</p><p>3. Transfer payroll information to the Social Security Administration in order to credit
quarterly posting for social security.
</p><p>4. Transfer withholding tax information to State and/or city governments to effect payment of
taxes to State and/or city governments and to create W-2s.
</p><p>5. Transfer retirement record information to the Office of Personnel Management (OPM) in order to
provide a history of service and retirement deductions.
</p><p>6. Information and records in this system may be transferred to the National Archives and Records
Administration (NARA) to provide a history of all salaries, deductions, and time and leave.
</p><p>7. Transfer unemployment compensation information to State agencies to compile unemployment
compensation data.
</p><p>8. Transfer personnel data to OPM in order to provide OPM with a readily accessible major data
source for meeting workforce information needs of OPM, national planning agencies, Congress, the
White House, and the public.
</p><p>9. VA may disclose on its own initiative any information in this system, that is relevant to a
suspected 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, 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 dependants 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.
</p><p>10. A record from this system of records may be disclosed as a "routine use" to a
Federal, State, or local agency, or to a non-governmental organization maintaining civil, criminal,
or other relevant information, such as current licenses, registration, or certification, if
necessary to obtain information relevant to an agency decision concerning the hiring or retention of
an employee, the use of an individual as a consultant, attending or to provide fee basis health
care, the issuance of a security clearance, the letting of a contract, or the issuance of a license,
grant, or other benefits. These records may also be disclosed as part of an ongoing computer
matching program to accomplish these purposes.
</p><p>11. A record from this system of records may be disclosed to a Federal, State, or local agency in
response to its request, in connection with the hiring and retention of an employee, the issuance of
a security clearance, the conducting of a security or suitability investigation of an individual,
the letting of a contract or the issuance of a license, grant or other benefit by the requesting
agency, to the extent that the information is relevant and necessary to the requesting agency's
decision on the matter.
</p><p>12. Relevant information from this system of records, including the nature and amount of a
financial obligation, may be disclosed as a "routine use", in order to assist VA in the
collection of unpaid financial obligations owed to VA, to a debtor's employing agency or commanding
officer so that the debtor-employee may be counseled by his or her Federal employer or commanding
officer. This purpose is consistent with the Government-wide debt collection standards set forth at
31 U.S.C. chapter 37, subchapters I and II, 31 CFR parts 900-904, and VA regulations 38 CFR
1.900-1.954.
</p><p>13. To provide State and local taxing authorities employee names, home addresses, social security
numbers, gross compensation paid for a given period, taxes withheld for the benefit of the recipient
jurisdiction or other jurisdictions, according to the provisions of State and/or local law.
</p><p>14. Relevant information from this system of records, including available identifying data
regarding the debtor, such as name of debtor, last known address of debtor, social security number
of debtor, place and date of birth of debtor, name and address of debtor's employer or firm, and
dates of employment, may be disclosed to other Federal agencies, State probate courts, State
drivers' license bureaus, and State automobile title and license bureaus as a "routine use
" in order to obtain current address, locator and credit report assistance in the collection
of unpaid financial obligations owed to the U.S. This purpose is consistent with the Government-wide
debt collection standards set forth at 38 U.S.C., chapter 37, subchapters I and II, 31 CFR parts 900
-904, and VA regulations 38 CFR 1.900-1.954.
</p><p>15. The record of an individual who is covered by this system may be disclosed to a Member of
Congress, or a staff person acting for the Member, when the Member or staff person requests the
record on behalf of and at the written request of the individual.
</p><p>16. Information and records in this system may be disclosed to NARA in records management
inspections conducted under the authority of title 44 U.S.C.
</p><p>17. The name and general geographic location where an employee resides (not specific home
address) may be disclosed by the facility Employee Transportation Coordinator to other employees in
order to promote the car/vanpooling and ridesharing program established in accordance with Executive
Order 12191 and to enable VA to verify membership in car and vanpools.
</p><p>18. 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.
</p><p>19. The name of the employee, social security number, beginning and ending pay period dates, the
number of hours worked during a given pay period, the gross salary and duty station may be disclosed
to the Department of Labor's (DOL) Office of Inspector General (IG) in order for DOL IG to conduct a
computer match of these records with various State unemployment benefit files. The purpose of this
computer-matching program will be to determine if Federal employees have been properly drawing State
unemployment benefit payments. These payments are ultimately reimbursed to the State by the Federal
Government.
</p><p>20. Records from this system of records may be disclosed to a Federal, State, or local government
agency or licensing board and/or to the Federation of State Medical Boards or a similar
nongovernment entity. These entities maintain records concerning an individual's employment or
practice histories or concerning the issuance, retention, or revocation of licenses, certifications,
or registration necessary to practice an occupation, profession or specialty. Disclosures may be
made in order for the agency to obtain information determined relevant to an agency decision
concerning the hiring, retention, or termination of an employee. Disclosures may also be made 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.
These records may also be disclosed as part of an ongoing computer-matching program to accomplish
these purposes.
</p><p>21. Any information in this system of records may be disclosed to any State, local, or foreign
civil or criminal law enforcement governmental agency or instrumentality charged under applicable
law with the protection of the public health or safety for the purpose of protecting public health
or safety if qualified representatives of such agency or instrumentality has made a written request
that such information be provided in order to meet a statutory reporting requirement.
</p><p>22. 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 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 other licensed health care practitioner for a period longer
than 30 days; or (3) the acceptance of the surrender of clinical privilege or any restriction of
such privileges by a physician or other licensed health care practitioner 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.
</p><p>23. Any information in this system may be disclosed to the Department of the Treasury, Internal
Revenue Service (IRS), where required by law or regulation to report withholding information and to
affect payment of taxes withheld to IRS and to create W-2s.
</p><p>24. Relevant information from this system of records, including social security number, date of
birth, home address, and the amount of contributions, interfund transfers, or other financial
information may be disclosed to the Federal Retirement Thrift Investment Board in order to effect
employee participation in the Thrift Savings Plan.
</p><p>25. Relevant information from this system of records concerning residents employed at VA Medical
Centers, including names, social security numbers, occupational titles, and dates of service, may be
disclosed to the Health Care Financing Administration (HCFA) as part of an ongoing computer-matching
program. The purpose of this computer-matching program is to help ensure that no resident is counted
as more than one full-time equivalent in accordance with program regulations governing Medicare
education costs.
</p><p>26. Information from this system of records may be disclosed in response to legal processes,
including interrogatories, served on the agency in connection with garnishment proceedings against
current or former VA employees under 5 U.S.C. 5520a.
</p><p>27. Disclosure of relevant information may be made to individuals, organizations, private or
public agencies, or other agencies 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.
</p><p>28. The names, social security numbers, home addresses, dates of birth, dates of hire, quarterly
earnings, employer identifying information, and State of hire of employees may be disclosed to the
Office of Child Support Enforcement, Administration for Children and Families, Department of Health
and Human Services Federal Parent Locator System (FPLS) for the purpose of locating individuals to
establish paternity, establishing and modifying orders of child support, identifying sources of
income, and for other child support enforcement actions as required by the Personal Responsibility
and Work Opportunity Reconciliation Act (Welfare Reform Law, Pub. L. 104-193).
</p><p>29. Information from this system of records may be released to the Social Security Administration
for verifying social security numbers in connection with the operation of the FPLS by the Office of
Child Support Enforcement.
</p><p>30. Information from this system of records may be released to the Department of the Treasury for
purposes of administering the Earned Income Tax Credit Program (Section 32, Internal Revenue Code of
1986) and verifying a claim with respect to employment in a tax return.
</p><p>31. To disclose 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 the resolution of exceptions to arbitrator awards when a question of material fact
is raised, in connection with matters before the Federal Service Impasses Panel, and to investigate
representation petitions and conduct or supervise representation elections.
</p><p>32. VA may disclose information from this system of records to a court, administrative entity, or
custodial parent of a child in order to provide documentation of payroll deductions for child
healthcare insurance coverage in accordance with a court or administrative order as required by 5
U.S.C. 8905(h), as enacted by Public Law 106-394, and in accordance with the procedures stated
in the applicable Office of Personnel Management Benefits Administration and Payroll Office Letters.
VA may also disclose information from this system of records to healthcare insurance carriers in
order to enroll employees and their children in healthcare insurance plans in accordance with Public
Law 106-394.
</p><p>33. Any information in this system of records may be disclosed to the Secretary of the Treasury,
or to any designated Government disbursing official, for the purpose of conducting administrative
offset of any eligible Federal payments in order to collect debts owed to the United States under
the authority set forth in 31 U.S.C. 3716. Tax refund and Federal salary payments may be included in
those Federal payments eligible for administrative offset.
</p><p>34. Any information in this system of records concerning a delinquent debt may be disclosed to
the Secretary of the Treasury for appropriate collection or termination action, including the
transfer of the indebtedness for collection or termination, in accordance with 31 U.S.C. 3711(g)(4),
to DFAS, to a debt collection center designated by the Secretary of the Treasury, to a private
collection agency, or to the Department of Justice. The Secretary of the Treasury, through the
Department of the Treasury, a designated debt collection center, a private collection agency, or
DoJ, may take appropriate action on a debt in accordance with the existing laws under which the debt
arose.
</p><p>35. Any information in this system of records may be disclosed to a third party purchaser of
delinquent debt sold pursuant to the provisions of 31 U.S.C. 3711(i).
</p><p>36. To disclose to the Office of Federal Employees' Group Life Insurance information necessary to
verify election, declination, or waiver of regular and/or optional life insurance coverage or
eligibility for payment of a claim for life insurance.
</p><p>37. To disclose information to health insurance carriers contracting with OPM under the Federal
Health Benefits Program that is necessary to identify enrollment in the plan, to verify eligibility
for payment of a claim for health benefits, or to carry out the coordination or audit of benefits
provisions of such contracts.
</p><p>38. Any information in this system of records, including social security numbers and home
addresses, may be disclosed to DFAS so that DFAS may process the payment of pay and allowances for
VA employees.
</p><p>39. Any information in this system of records, including social security numbers, may be
disclosed to another Federal agency when that agency has been requested to conduct a Federal salary
offset hearing under 5 U.S.C. 5514(a)(2)(D) for VA employees.
</p><p>40. Disclosures 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.
</p><p>41. 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.
</p><p>42. VA may disclose information from this system to the Merit Systems Protection Board (MSPB), or
the Office of 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 authorized by law.
</p><p>43. VA may disclose information from this system to the FLRA, including its General Counsel,
information related to the establishment of jurisdiction, investigation, and resolution of
allegations of unfair labor practices, or in connection with the resolution of exceptions to
arbitration awards when a question of material fact is raised; for it to address matters properly
before the Federal Services Impasses Panel, investigate representation petitions, and conduct or
supervise representation elections.
</p><p>44. VA may disclose information from this system to the Equal Employment Opportunity Commission
(EEOC) when requested 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 or regulation.
</p><p>45. VA may disclose information or records from this system to appropriate Federal Government
agencies, upon request, for employee accountability purposes, during the time of a declared
national, state, or local emergency.
</p><p>Disclosure to consumer reporting agencies:
</p><p>Disclosures pursuant to 5 U.S.C. 552a(b)(12), VA may disclose records from this system of
records 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)). The disclosure is
limited to information necessary to establish the identity of the individual, including name,
address, and taxpayer identification number (social security number), the amount, status and history
of the claim; and the agency or program under which the claim arose for the sole purpose of allowing
the consumer reporting agency to prepare a commercial credit report. 31 U.S.C. 3711(e) governs the
release of names and addresses of any person to consumer reporting agencies under certain
circumstances.
</p></xhtmlContent></subsection>
<subsection type="policiesAndPractices"><xhtmlContent><p>Storage:</p>
<p>Paper documents, microfilm, microfiche, and computer storage media.
</p></xhtmlContent></subsection>
<subsection type="retrievability"><xhtmlContent><p>These records may be retrieved using various combinations of name, birth date, social
security number, or identification number of the individual on whom the records are maintained.
</p></xhtmlContent></subsection>
<subsection type="safeguards"><xhtmlContent><p>
	PHYSICAL SECURITY:
</p><p>Access to these records is restricted to authorized VA employees, contractors, or
subcontractors on a "need to know" basis. Offices where these records are maintained are
locked after working hours and are protected from outside access by the Federal Protective Service,
other security officers, and alarm systems. Access to computerized records is restricted to
authorized VA employees, contractors, or subcontractors by means of unique user identification and
passwords.
</p></xhtmlContent></subsection>
<subsection type="retentionAndDisposal"><xhtmlContent><p>The payroll records are maintained for the period of the employee's service in VA and are
then transferred to the National Personnel Records Center for storage or, as appropriate, to the
next employing Federal agency. Other records are either retained at VA for various lengths of time
in accordance with NARA records schedules or destroyed when they have served their purpose or the
employee leaves VA. Records contained in computer accessible media may be retained indefinitely as a
basis for longitudinal work history statistical studies. After the disposition date of related
paper-based payroll records in General Records Schedules 1 and 2, the records in this system will
not be used in making decisions concerning employees.
</p></xhtmlContent></subsection>
<subsection type="systemManager"><xhtmlContent><p>Deputy Assistant Secretary for Finance (047), VA Central Office, Washington, DC 20420.
</p></xhtmlContent></subsection>
<subsection type="notificationProcedure"><xhtmlContent><p>Individuals seeking information concerning the existence of a record pertaining to
themselves must submit a written request to the VA station of employment. Such request must contain
a reasonable description of the records requested. In addition, identification of the individual
requesting the information will be required in the written request and will consist of the
requester's name, signature, address, and social security number, or other identifier, as a minimum.
</p><p>VA uses the self-service application, MyPay, which is provided by DFAS to all Federal agencies
receiving payroll services. MyPay provides VA employees and managers with a way to process their
personal and benefit transactions without the personal assistance of human resources or payroll
staff. Access is obtained through the use of the employee's social security number and a personal
identification number (PIN).
</p></xhtmlContent></subsection>
<subsection type="recordAccessProcedures"><xhtmlContent><p>See "Notification Procedure" above.
</p></xhtmlContent></subsection>
<subsection type="contestingRecordProcedures"><xhtmlContent><p>Current and former VA employees wishing to request amendment of their records should contact
their current station of employment. Individuals must furnish the following for their records to be
located and identified: Full name, social security number, or other identifier, and signature.
</p></xhtmlContent></subsection>
<subsection type="recordSourceCategories"><xhtmlContent><p>Information received from employees, VA officials, other Federal, State, and local agencies.
</p></xhtmlContent></subsection></section>

<section id="32VA00" toc="yes">
<systemNumber>32VA00</systemNumber>
<subsection type="systemName">Veteran, Employee and Citizen Health Care Facility Investigation Records-VA
</subsection>
<subsection type="systemLocation"><xhtmlContent><p>Records are maintained at each of the VA health care facilities. Address locations are
listed in VA Appendix 1 at the end of this document.
</p></xhtmlContent></subsection>
<subsection type="categoriesOfIndividuals"><xhtmlContent><p>1. Veterans, employees and private citizens who have been injured as a result of accident or
assault.
</p><p>2. Veterans who have died as a result of violence or accident, such as, suicide, homicide,
reaction to anesthesia or drugs, assault, transfusion accident, blood incompatibility, error in
treatment, neglect of patient, fire, firearms, explosion, etc.
</p><p>3. Employees and private citizens who have died as a result of violence or accident.
</p><p>4. Veterans who have left the health care facility without authorization.
</p><p>5. Veterans, employees and private citizens who have alleged the loss of personal property, funds
or valuables.
</p><p>6. Veterans and private citizens who have alleged abuse by members of the health care facility
staff.
</p><p>7. Employees who have alleged discrimination, abuse or threats of violence by other employees,
veterans and private citizens.
</p><p>8. Veterans, employees and visitors who have assaulted other individuals.
</p><p>9. Veterans, employees or private citizens who have been involved in the sale of illegal drugs or
alcohol within the health care facility.
</p><p>10. Veterans, employees and private citizens who have been accused of stealing from other
individuals or from the VA health care facility.
</p><p>11. Employees who have been accused of improper and unethical conduct.
</p><p>12. Veterans, employees and private citizens who have willfully or accidentally destroyed or
damaged Federal property.
</p></xhtmlContent></subsection>
<subsection type="categoriesOfRecords"><xhtmlContent><p>Copies of reports of investigations, findings, and follow-up concerning employees, patients
and private citizens, injuries, property damage, accidents, thefts, assaults, discrimination,
complaints, elopments, unethical conduct, etc.
</p></xhtmlContent></subsection>
<subsection type="authorityForMaintenance"><xhtmlContent><p>Title 38, United States Code, Chapter 3, Section 210(c)(1), and Title 38, United States
Code, Chapter 57, Section 3311.
</p></xhtmlContent></subsection>
<subsection type="routineUsesOfRecords"><xhtmlContent><p>1. Transfer of required information to private insurance companies to determine whether
payments of benefits are appropriate and determine liability.
</p><p>2. Transfer of required information to local and State unemployment agencies to determine whether
payments of benefits are appropriate.
</p><p>3. Transfer of required information to the Office of Workers Compensation Program to determine
whether payments of benefits are appropriate.
</p><p>4. Transfer of required information to attorneys representing employees, veterans or private
citizens accused of unethical conduct to assist attorneys in representing their clients.
</p><p>5. In the event that a system of records maintained by this agency to carry out its functions
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, the relevant records in the system of records may be referred, as
a routine use, to the appropriate agency, whether Federal, State, local or foreign, charged with the
responsibility of investigating or prosecuting such violation or charged with enforcing or
implementing the statute, or rule, regulation or order issued pursuant thereto.
</p><p>6. A record from this system of records may be disclosed to a Federal agency, in response to its
request, in connection with the hiring or retention of an employee, the issuance of a security
clearance, the reporting of an investigation of an employee, the letting of a contract, or the
issuance of a license, grant, or other benefit by the requesting agency, to the extent that the
information is relevant and necessary to the requesting agency's decision on the matter.
</p><p>7. A record from this system of records may be disclosed as a 'routine use' to a Federal, State
or local agency maintaining civil, criminal or other relevant information, such as current licenses,
if necessary to obtain information relevant to an agency decision concerning the hiring or retention
of an employee, the issuance of a security clearance, the letting of a contract, or the issuance of
a license, grant or other health, educational or welfare benefit.
</p><p>8. Relevant information from this system of records, including the nature and amount of a
financial obligation, may be disclosed as a routine use, in order to assist the Veterans
Administration in the collection of unpaid financial obligations owed the VA, to a debtor's
employing agency or commanding officer so that the debtor-employee may be counseled by his or her
Federal employer or commanding officer. This purpose is consistent with 5 U.S.C. 55l4, 4 CFR 102.5,
and section 206 of Executive Order 11222 of May 8, 1965 (30 FR 6469).
</p><p>9. Disclosure may be made to a congressional office from the record of an individual in response
to an inquiry from the congressional office made at the request of that individual.
</p><p>10. Disclosure may be made to NARA (National Archives and Records Administration) GSA (General
Services Administration) in records management inspections conducted under authority of 44 U.S.C.
2904 and 2906.
</p><p>11. 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.
</p><p>12. 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.
</p><p>13. 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.
</p></xhtmlContent></subsection>
<subsection type="policiesAndPractices"><xhtmlContent><p>Storage:</p>
<p>Paper documents and Photographs.
</p></xhtmlContent></subsection>
<subsection type="retrievability"><xhtmlContent><p>Alphabetically by name.
</p></xhtmlContent></subsection>
<subsection type="safeguards"><xhtmlContent><p>Physical Security: Access to VA working space and medical record storage areas are
restricted to VA employees on a 'need to know' basis. Generally, VA file areas are locked after
normal duty hours and are protected from outside access by the Federal Protective Service. Employee
file records and file records of public figures or otherwise sensitive medical record files are
stored in separate locked files. Strict control measures are enforced to ensure that disclosure is
limited to a 'need to know' basis.
</p></xhtmlContent></subsection>
<subsection type="retentionAndDisposal"><xhtmlContent><p>Disposed of two years after case is closed.
</p></xhtmlContent></subsection>
<subsection type="systemManager"><xhtmlContent><p>Medical Inspector, Office of the Medical Inspector (10A6), VA Central Office, Washington, DC
20420.
</p></xhtmlContent></subsection>
<subsection type="notificationProcedure"><xhtmlContent><p>Individuals seeking information concerning the existence and content of a record pertaining
to themselves must submit a written request or apply in person to the appropriate VA health care
facility. All inquiries must reasonably identify the incident involved and date of the incident.
Inquiries should include the individual's full name and return address.
</p></xhtmlContent></subsection>
<subsection type="recordAccessProcedures"><xhtmlContent><p>Veterans, employees and private citizens or duly authorized representatives seeking
information regarding access to and contesting of VA records may write, call or visit the
appropriate VA health care facility.
</p></xhtmlContent></subsection>
<subsection type="contestingRecordProcedures"><xhtmlContent><p>(See Record Access Procedures above.)
</p></xhtmlContent></subsection>
<subsection type="recordSourceCategories"><xhtmlContent><p>1. Veterans. 2. Employees of a VA health care facility. 3. Other VA health care facilities,
private physicians and dentists, or private hospitals and clinics. 4. Private citizens involved in
the incident. 5. Federal, State, local and foreign law enforcement agencies. 6. Private insurance
companies.
</p></xhtmlContent></subsection></section>
<section id="33VA113" toc="yes">
<systemNumber>33VA113</systemNumber>
<subsection type="systemName">National Prosthetic Patient Database (NPPD)-VA
</subsection>
<subsection type="systemLocation"><xhtmlContent><p>Records are maintained in Department of Veterans Affairs (VA) medical center databases.
Extracts are maintained at the Austin Automation Center (AAC), Austin, Texas, and Hines Information
Service Center, Hines, Illinois. VA health care facility address locations are listed in VA Appendix
I of the Biennial Privacy Act Issuances publication.
</p></xhtmlContent></subsection>
<subsection type="categoriesOfIndividuals"><xhtmlContent><p>Contracted fabricators of prosthetic and orthotic appliances; vendors and manufacturers of
durable medical equipment and sensory-neural aids; medical supply companies; VA beneficiaries; and
VA employees.
</p></xhtmlContent></subsection>
<subsection type="categoriesOfRecords"><xhtmlContent><p>VA field facility ordering the orthotic device; Patient Identification Number; Health Care
Financing Administration Common Procedure Coding System (HCPCS); item purchased/issued to patient;
cost; quantity; type of issue (initial/replace/repair/spare); patient eligibility category (service-
connected, prisoner of war, aid and attendance); responsible VA procurement officer or
representative; order creation date; order close/delivery date; calculated processing days;
transaction/purchase order number; type of form used to purchase item (VAF 2421, PC2421, VAF 2529,
VAF 2914, etc.); and vendor/contractor name. All other patient information, i.e., name, address,
telephone number, can be retrieved by prosthetic program officials in VA Central Office by using the
unique Patient Identification Number assigned to the patient in NPPD.
</p></xhtmlContent></subsection>
<subsection type="authorityForMaintenance"><xhtmlContent><p>Title 38, United States Code, Section 527.
</p></xhtmlContent></subsection>
<subsection type="purpose"><xhtmlContent><p>The records or information in this system will be used to furnish administrative and
clinical statistical procurement and prescription information, including total cost and summary of
activity, including equipment usage, data to VA and other health care providers, both Federal and
non-Federal, to aid in furthering the improvement of health care, research and education.
</p></xhtmlContent></subsection>
<subsection type="routineUsesOfRecords"><xhtmlContent><p>VA may disclose protected health information pursuant to the following routine uses where
required by law, or required or permitted by 45 CFR Parts 160 and 164.
</p><p>1. VA may disclose on its own initiative any information in this system, except the names and
home addresses of veterans and their dependents, which is relevant to a suspected 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, 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. On its own initiative, VA may also disclose 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, rule or order issued pursuant thereto.
</p><p>2. To furnish administrative and clinical statistical procurement and prescription information,
including total cost and summary of activity, including equipment usage, data to VA and other health
care providers, both Federal and non-Federal, to aid in furthering the improvement of health care,
research and education.
</p><p>3. To provide statistical and other information in response to legitimate and reasonable requests
as approved by appropriate VA authorities.
</p><p>4. Disclosure may be made to a Congressional office from the record of an individual in response
to an inquiry from the Congressional office made at the request of that individual.
</p><p>5. Disclosure may be made to National Archives and Records Administration (NARA) and General
Services Administration (GSA) in records management inspections conducted under authority of Title
44 United States Code.
</p><p>6. 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 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
that is compatible with the purpose for which VA collected the records.
</p><p>7. 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.
</p><p>8. 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.
</p><p>9. 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 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.
</p><p>10. VA may, on its own initiative, disclose information to another federal agency, court, or
party in litigation before a court or other administrative proceedings conduced by an agency, if VA
is a party to the proceeding and needs to disclose the information to protect its interests.
</p></xhtmlContent></subsection>
<subsection type="policiesAndPractices"><xhtmlContent><p>Storage:</p>
<p>Compact and magnetic disk.
</p></xhtmlContent></subsection>
<subsection type="retrievability"><xhtmlContent><p>Indexed by Patient Identification Number for VA prosthetic personnel.
</p></xhtmlContent></subsection>
<subsection type="safeguards"><xhtmlContent><p>1. Access to VA working and storage areas is restricted to VA employees on a "need to know"
basis. Generally, VA file areas are locked after normal duty hours and are protected from outside
access by the Federal Protective Service. Strict control measures are enforced to ensure that
disclosure is limited to a "need to know" basis. Physical access to the AAC is generally restricted
to AAC staff, Central Office employees, custodial personnel, Federal Protective Service and
authorized operational personnel through electronic locking devices. All other persons gaining
access to the computer rooms are escorted.
</p><p>2. Access to computer rooms at health care facilities is generally limited by appropriate locking
devices and restricted to authorized VA employees and vendor personnel. Automated data processing
peripheral devices are placed in secure areas (areas that are locked or have limited access) or are
otherwise protected. Information in the Veterans Health Information System and Technology
Architecture (VistA) may be accessed by authorized VA employees. Access to file information is
controlled at two levels; the systems recognize 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. Access to
information stored on automated storage media at other VA locations is controlled by individually-
unique passwords/codes.
</p></xhtmlContent></subsection>
<subsection type="retentionAndDisposal"><xhtmlContent><p>Regardless of the record medium, records will be maintained and disposed of in accordance
with the record disposition authority approved by the Archivist of the United States under National
Archives Job No. N1-15-01-4.
</p></xhtmlContent></subsection>
<subsection type="systemManager"><xhtmlContent><p>Chief Consultant, Prosthetic and Sensory Aids Service Strategic Healthcare Group (113),
Department of Veterans Affairs, 810 Vermont Avenue, NW., Washington, DC 20420.
</p></xhtmlContent></subsection>
<subsection type="notificationProcedure"><xhtmlContent><p>Individuals seeking information concerning the existence and content of a record pertaining
to themselves must submit a written request or apply in person to the VA health care facility where
they received the orthotic/prosthetic device/appliance/equipment. All inquiries must reasonably
identify the records involved and the approximate date that medical care was provided. Inquiries
should include the individual's full name, and identifying characteristics.
</p></xhtmlContent></subsection>
<subsection type="recordAccessProcedures"><xhtmlContent><p>Individuals seeking information regarding access to and contesting of a VA prosthetic-
related record may write, call, or visit the VA facility where medical care was provided.
</p></xhtmlContent></subsection>
<subsection type="contestingRecordProcedures"><xhtmlContent><p>(See Record Access Procedures above.)
</p></xhtmlContent></subsection>
<subsection type="recordSourceCategories"><xhtmlContent><p>VistA-VA (79VA19), Patient Medical Records-VA (24VA19), and veterans' records.
</p></xhtmlContent></subsection></section>
<section id="34VA12" toc="yes">
<systemNumber>34VA12</systemNumber>
<subsection type="systemName">Veteran, Patient, Employee, and Volunteer Research and Development Project Records-VA
</subsection>
<subsection type="systemLocation"><xhtmlContent><p>Records are maintained at each VA health care facility where the research project was
conducted, at VA facilities where research administration or oversight activities occur, and at VA
Central Office (VACO). Address locations are listed in VA Appendix 1 of the biennial Privacy Act
Issuance publication. In addition, records are maintained at contractor and fieldwork sites as
studies are developed, data collected and reports written. A list of locations where individually
identifiable data are currently located is available from the System Manager.
</p></xhtmlContent></subsection>
<subsection type="categoriesOfIndividuals"><xhtmlContent><p>The following categories of individuals will be covered by this system: (1) Veterans; (2)
patients; (3) employees; (4) volunteers who have indicated their willingness to be a participant in
research projects being performed by VA, by a VA contractor or by another Federal agency in
conjunction with VA; and (5) members of research committee or subcommittees, (6) research and
development investigators, and research development employees.
</p></xhtmlContent></subsection>
<subsection type="categoriesOfRecords"><xhtmlContent><p>Records, or information contained in records, vary according to the specific research
involved or research related activity involved and may include: (1) Research on biomedical,
prosthetic and health care services; (2) research stressing spinal cord injuries and diseases and
other disabilities that tend to result in paralysis of the lower extremities; and (3) morbidity and
mortality studies on former prisoners of war, (4) research related to injuries sustained while on
active duty military service such as traumatic amputations, traumatic brain injury, and burns; (5)
electronic or other databases containing research information developed during a research project(s)
or for future research; (6) research information systems such as the Research and Development
Information System (RDIS); (7) copies of medical records of research participants; (8) merit review
of the research projects; (9) review and evaluation of proposed research; (10) continuing review and
oversight of ongoing research; (11) evaluation of research committees, and (12) a review and
evaluation of the research and development investigators and of the participants in the program. The
review and evaluation information concerning the research and development investigators may include
personal and educational background information as well as specific information concerning the type
of research conducted. Invention records contain: a certification page, describing the place, time,
research support related to the invention and co-inventors; Technology Transfer Program Invention
Evaluation Sheet Internal or External Invention Assessment reports; Research and Development
Information System (RDIS) reports or other research information system reports on research support
related to the invention; Correspondence; and the Office of General Counsel Letter of Determination.
</p></xhtmlContent></subsection>
<subsection type="authorityForMaintenance"><xhtmlContent><p>Title 38, United States Code, Section 7301.
</p></xhtmlContent></subsection>
<subsection type="purpose"><xhtmlContent><p>The records and information may be used to determine eligibility for research funding, to
determine handling of intellectual properties, to manage proposed and/or approved research
endeavors, and to evaluate the research and development program.
</p></xhtmlContent></subsection>
<subsection type="routineUsesOfRecords"><xhtmlContent><p>To the extent that records contained in the system include information protected by 45 CFR
parts 160 and 164, <i>i.e.,</i> individually identifiable health information, and 38 U.S.C. 7332, <i
>i.e.,</i> 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 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.
</p><p>1. Transfer of statistical and other data to Federal, State, and local government agencies and
national health organizations to assist in the development of programs.
</p><p>2. VA may disclose on its own initiative any information in this system, except the names, home
addresses, scrambled social security number, and social security number of veterans and their
dependents, which is relevant to a suspected 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, 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. On its own initiative, VA may also disclose the
names, scrambled social security number, and social security number 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, rule or order issued pursuant thereto unless a Certificate of Confidentiality
has been issued for the research by the National Institutes of Health under section 301(d) of the
Public Health Service Act (42 U.S.C. 241(d)).
</p><p>3. Disclosure may be made to a congressional office from the record of an individual in response
to an inquiry from the congressional office made at the request of that individual.
</p><p>4. Disclosure may be made to National Archives and Records Administration (NARA), General
Services Administration (GSA) in records management inspections conducted under authority of 44
United States Code.
</p><p>5. Disclosure of medical record data, excluding name, address, scrambled social security number,
and social security number (unless name, address, scrambled social security number, and social
security number is furnished by the requester) for research purposes determined to be necessary and
proper, to epidemiological and other research facilities approved by the Under Secretary for Health.
</p><p>6. In order to conduct Federal research necessary to accomplish a statutory purpose of an agency,
at the written request of the head of the agency, or designee of the head of that agency, the
name(s) and address(es) of present or former personnel of the Armed Services and/or their dependents
may be disclosed (a) to a Federal department or agency or (b) directly to a contractor of a Federal
department or agency. When a disclosure of this information is to be made directly to the
contractor, VA may impose applicable conditions on the department, agency or contractor to ensure
the appropriateness of the disclosure to the contractor.
</p><p>7. In order to conduct VA research, names, addresses, and social security numbers may be
disclosed to other Federal and state agencies for the purpose of the Federal or state agency
disclosing information on the individuals back to VA.
</p><p>8. Upon request for research project data from VA approved research, the following information
will be released to the general public, including governmental and non-governmental agencies and
commercial organizations: Project title and number; name and educational degree of principal
investigator unless the release of this information would place the investigator at risk (physical,
professional, <i>etc.</i>); VHA medical center location; type (initial, progress, or final) and date
of last report; name and educational degree of associate investigators unless the release of this
information would place the investigator at risk (physical, professional, <i>etc.</i>); project
abstract if the project is ongoing, and project summary if the project has been completed. In
addition, upon specific request, keywords and indexing codes will be included for each project.
</p><p>9. Upon request for information regarding VA employees conducting research, the following
information will be released to the general public, including governmental agencies and commercial
organizations: Name and educational degree of investigator; VHA title; academic affiliation and
title; hospital service; primary and secondary specialty areas and subspecialty unless the release
of this information would place the investigator at risk (physical, professional, etc.).
</p><p>10. A record from this system of records may be disclosed to a Federal agency, state or local
government licensing board and/or to the Federation of State Medical Boards or a similar non-
government entity, upon its request for use in the issuance of a security clearance, the
investigation of an employee, the letting of a contract, or the issuance of a license, grant or
other benefit by the requesting agency, to the extent that the information is relevant and necessary
to the requesting that organization's decision on the matter.
</p><p>11. 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 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.
</p><p>12. Relevant information from this system of records may be disclosed to the National
Practitioner Data Bank and State Licensing Board in the States 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 which was made as the result of
a settlement or judgment of a claim of medical malpractice of 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; (b) 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, (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.
</p><p>13. Information concerning individuals who have submitted research program proposals for funding,
including the investigator's name, social security number, research qualifications and the
investigator's research proposal, may be disclosed to qualified reviewers for their opinion and
evaluation of the applicants and their proposals as part of the application review process.
</p><p>14. 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 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.
</p><p>15. Any invention information in this system may be disclosed to affiliated intellectual property
partners to aid in the possible use, interest in, or ownership rights in VA intellectual property.
</p><p>16. VA may disclose information concerning merit review of proposals submitted by an individual
to the individual except that information concerning a third party, such as the name or other
identifying information about the qualified reviewer of the proposal.
</p><p>17. 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.
</p><p>18. 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.
</p><p>19. 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.
</p><p>Disclosure to consumer reporting agencies:
</p><p>Reports of all transactions dealing with data will be used within VA and will not be
provided to any consumer-reporting agency.
</p></xhtmlContent></subsection>
<subsection type="policiesAndPractices"><xhtmlContent><p>Storage:</p>
<p>(1) Paper documents (2) Microscope slides (3) Magnetic tape or disk or other electronic
media (4) Photographs and (5) Microfilm.
</p></xhtmlContent></subsection>
<subsection type="retrievability"><xhtmlContent><p>Records are retrieved by individual identifiers and indexed by a specific project site or
location, project number, or under the name of the research or development investigator.
</p></xhtmlContent></subsection>
<subsection type="safeguards"><xhtmlContent><p>This list of safeguards furnished in this System of Record is not an exclusive list of
measures that has been, or will be, taken to protect individually-identifiable information. VHA will
maintain the data in compliance with applicable VA security policy directives that specify the
standards that will be applied to protect sensitive personal information. Physical Security: Access
to VA working space and medical record storage areas is restricted to VA employees on a "need
to know" basis.
</p><p>Generally, VA file areas are locked after normal duty hours and protected from outside access by
the Federal Protective Service. Employee file records and file records of public figures or
otherwise sensitive medical record files are stored in separate locked files. Strict control
measures are enforced to ensure that disclosure is limited to a "need to know" basis.
</p><p>Access to a contractor's records and their system of computers used with the particular project
are available to authorized personnel only. Records on investigators stored on automated storage
media are accessible by authorized VA personnel via VA computers or computer systems. They are
required to take annual VA mandatory data privacy and security training. Security complies with
applicable Federal Information Processing Standards (FIPS) issued by the National Institute of
Standards and Technology (NIST). Contractors and their subcontractors who access the data are
required to maintain the same level of security as VA staff.
</p></xhtmlContent></subsection>
<subsection type="retentionAndDisposal"><xhtmlContent><p>The records contained in this system have not been scheduled and will be kept indefinitely
until such time as they are. The records may not be destroyed until VA obtains an approved records
disposition authority from the Archivist of the United States.
</p></xhtmlContent></subsection>
<subsection type="systemManager"><xhtmlContent><p>Director of Operations, Research and Development (12), Department of Veterans Affairs, 810
Vermont Ave., NW., Washington, DC 20420.
</p></xhtmlContent></subsection>
<subsection type="notificationProcedure"><xhtmlContent><p>Interested persons should write to: Director of Operations, Research and Development (12),
Department of Veterans Affairs, 810 Vermont Ave., NW., Washington, DC 20420. All inquiries must
reasonably identify the project and site location; date of project and team leader.
</p></xhtmlContent></subsection>
<subsection type="recordAccessProcedures"><xhtmlContent><p>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.
</p></xhtmlContent></subsection>
<subsection type="contestingRecordProcedures"><xhtmlContent><p>(See Record Access Procedures above.)
</p></xhtmlContent></subsection>
<subsection type="recordSourceCategories"><xhtmlContent><p>(1) Patients and patient records (2) employees and volunteers (3) other Federal agencies (4)
National Institutes of Health (5) Centers for Disease Control (Atlanta, Georgia) (6) individual
veterans (7) other VA systems of records (8) research and development investigators, and (9)
research and development databases.
</p></xhtmlContent></subsection></section>
<section id="36VA29" toc="yes">
<systemNumber>36VA29</systemNumber>
<subsection type="systemName">Veterans and Uniformed Services Personnel Programs of U.S. Government Life Insurance--VA.
</subsection>
<subsection type="systemLocation"><xhtmlContent>
<p>VA Insurance records are maintained as follows:
</p><p>Active Insurance records are located at the VA Regional Office and Insurance Center (VAROIC) in
Philadelphia, Pennsylvania. (The complete address is available in Appendix 1 at the end of this
document.)
</p><p>Inactive Insurance records are located at the VA Regional Office and Insurance Center (VAROIC) in
Philadelphia, Pennsylvania. (The complete address is available in Appendix 1 at the end of this
document.) In addition, inactive records are stored at various servicing Federal archives and
records centers in Northeast Philadelphia, Pennsylvania; Miamisburg, Ohio; Lee's Summit, Missouri;
Lenexa, Kansas; Chicago, Illinois; and Pittsfield, Massachusetts. (The complete addresses are
available in Appendix 1 at the end of this document.)
</p><p>Some pre-1968 records pertaining to beneficiaries of deceased veterans are located in local VA
regional offices in VA claim folders.
</p><p>Insurance file numbers, policies numbers, and folder locations are available to all VA regional
offices through VETSNET.
</p><p>Back-up computerized insurance records and automated data maintained by the VA Information
Technology Center (VA ITC), the primary computer processing center, is stored by Iron Mountain Off-
Site Data in Itasca, Illinois. (The complete address is available in Appendix 1 at the end of this
document.)
</p><p>Records for the supervised programs of government insurance are maintained by the Office of
Servicemembers' Group Life Insurance (OSGLI) in Roseland, New Jersey. (The complete address is
available in Appendix 1 at the end of this document.)
</p></xhtmlContent></subsection>
<subsection type="categoriesOfIndividuals"><xhtmlContent>
<p>The following categories of individuals will be covered by this system:
</p><p>1. Veterans (not including dependents) and members of the uniformed services (including
dependents) who have applied for and/or have been issued government life insurance.
</p><p>2. Beneficiaries of government life insurance entitled to or in receipt of insurance proceeds.
</p><p>3. Attorneys drawing fees for aiding in settlement of VA insurance claims.
</p><p>The individuals noted above are covered by this system based on applications, claims, and notices
of eligibility for the following government life insurance programs provided in 38 U.S.C. Chapters
19 and 21:
</p><p>(1) U.S. Government Life Insurance (USGLI) under Section 1942.
</p><p>(2) National Service Life Insurance (NSLI) under Section 1904.
</p><p>(3) Veterans' Special Life Insurance (VSLI) under Section 1923.
</p><p>(4) Veterans' Reopened Insurance (VRI) under Section 1925.
</p><p>(5) Service-Disabled Veterans Insurance (S-DVI) under Section 1922 and 1922A.
</p><p>(6) Veterans' Mortgage Life Insurance (VMLI) under Section 2106.
</p><p>(7) Servicemembers' Group Life Insurance (SGLI), including Family Servicemembers' Group Life
Insurance (FSGLI), Veterans' Group Life Insurance (VGLI), and Servicemembers' Group Life Insurance
Traumatic Injury Protection (TSGLI) under Sections 1967 through 1980A.
</p></xhtmlContent></subsection>
<subsection type="categoriesOfRecords"><xhtmlContent>
<p>Life insurance records (or information contained in records) may consist of:
</p><p>1. Applications for insurance, including the name and address of the veteran or member of the
uniformed services, e-mail address, phone number, correspondence to and from the veteran or member
of the uniformed services or their legal representatives, date of birth, social security number,
military service number, dates of service, military ranking, character of discharge, VA file number,
plan or type of insurance, disability rating, medical information regarding disability and health
history, method of payment, amount of insurance coverage requested, and bank routing and account
numbers. Applications for Veterans' Mortgage Life Insurance (VMLI), including supporting mortgage
documents, contain the address of the mortgaged property, name and address of the mortgagor, the
mortgage account number, the rate of interest, the original amount of the mortgage, and the current
amount of the mortgage, the monthly payment amount, the mortgage payment period, and VA Specially
Adapted Grant Cards (which contain the veteran's or uniformed services member's name, address, dates
of military service, branch of service, method of separation, whether the veteran or member of the
uniformed services has VMLI, the name and address of the lender, the legal description and property
address, improvements to such property, date applied for disability compensation, date of initial
application submission, grant information, amount of the grant approved or whether the grant was
denied or canceled).
</p><p>2. Beneficiary and option designation information, including the names and addresses of principal
and contingent beneficiaries, beneficiary social security number, share amount to each beneficiary,
the method of payment, and the designated estate(s) and trust(s).
</p><p>3. Insurance contract information, including: (a) Authorization of allotment payment; (b)
authorization for deduction from VA benefit payments; (c) authorization for deduction from military
retired pay; (d) authorization for deduction from employee payroll; (e) paid dividend information;
(f) claims for disability or death payments; (g) cash value, policy loan, and lien information; (h)
a listing of lapsed actions and unpaid insurance proceeds; (i) payment vouchers; (j) reinstatement
information; (k) premium records status, and retired status of the policy; (l) court-martial orders;
(m) copies of personal papers of the insured, including birth certificate, marriage license, divorce
decree, citizen or naturalization papers, death certificate, adoption decree, and family support
documents; (n) correspondence to and from the veteran, member of the uniformed services, legal
representative and payee; (o) employment information; (p) returned check and check tracer
information; (q) court documents; and (r) insurance death claims settlement information, including
indebtedness, interest, and other credits.
</p><p>4. Records of checks withheld from delivery to certain foreign countries.
</p><p>5. Index of payees, including CO index cards and premium record cards.
</p><p>6. Disability Outreach Tracking System (DOTS) records stored in the Veterans Insurance Claims
Tracking and Response System (VICTARS) including the veteran's or uniformed services member's name,
address, phone number, and disability status.
</p><p>7. Policy information and access history from the VA Insurance Web site self-service-portal
stored in VICTARS, which includes the name of the insured, file number, policy number, address,
phone number, e-mail address, loan status, including loan amount requested, denied, or pending, the
date of request for information, loan history, policy changes, dividend option changes, and Web site
pages accessed.
</p><p>8. Information from the VA Insurance Web site's "Autoform" program which provides
access to veterans for completion of an application for Service-Disabled Veterans Insurance (S
-DVI), which includes the veteran's name, address, social security number, date of birth,
phone number, medical history, e-mail address, and beneficiary information, such as the
beneficiary's name, address, and social security number.
</p><p>9. Records of incoming calls recorded in the "Freedom Enterprise" system. These are
recordings of incoming phone calls received by insurance personnel of the Veterans Insurance Phone
Section (VIPS) from veterans, members of the uniformed services, beneficiaries, personal
representatives, members of Congress and their staff, other interested parties, and stakeholders.
(The recordings are maintained for quality assurance and training purposes only.)
</p></xhtmlContent></subsection>
<subsection type="authorityForMaintenance"><xhtmlContent>
<p>Title 38, United States Code (U.S.C.), chapter 5, section 501, and chapter 3, including sections
303 and 315.
</p><p>Title 38, U.S.C., chapter 19; chapter 21, section 2106; and chapter 77, sections 7721-7725.
</p><p>Title 5 U.S.C. 552(a) and 5514.
</p></xhtmlContent></subsection>
<subsection type="purpose"><xhtmlContent><p>VA gathers or creates these records in order to enable it to administer and supervise statutory
government life insurance programs for veterans, members of the uniformed services, and their
spouses, surviving spouses, dependents, and beneficiaries who apply for government life insurance
benefits administered or supervised by the VA Insurance Program. <i>See</i> the statutory provisions
cited in "Authority for maintenance of the system."
</p></xhtmlContent></subsection>
<subsection type="routineUsesOfRecords"><xhtmlContent><p>1. The record of an individual who is covered by a system of records may be disclosed to a Member
of Congress, or a staff person acting for the Member, when the Member or staff person requests the
record on behalf of and at the written request of the individual.
</p><p>2. Disclosure may be made to the National Archives and Records Administration and the General
Services Administration in records management inspections conducted under authority of title 44
U.S.C.
</p><p>3. 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.
</p><p>4. 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.
</p><p>5. VA may disclose on its own initiative any information in the system, except the names and home
addresses of veterans, members of the uniformed services, 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, members of the uniformed services, 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.
</p><p>6. 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.
</p><p>7. 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.
</p><p>8. 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.
</p><p>9. 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 that agency;
provided, that if the information pertains to a veteran or member of the uniformed services, the
name and/or address of the veteran or member of the uniformed services will not be disclosed unless
the name and address is provided first by the requesting State or local agency.
</p><p>10. Any information in this system 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 personal or educational
background at the request of the veteran or member of the uniformed services in order for 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.
</p><p>11. Any information in this system may be disclosed to a Federal agency, except for the name and
address of a veteran or member of the uniformed services, in order for VA to obtain information
relevant to the issuance of a benefit under title 38 U.S.C. The name and address of a veteran or
member of the uniformed services may be disclosed to a Federal agency under this routine use if they
are required by the Federal agency to respond to VA inquiry.
</p><p>12. Except for beneficiary and option designations, any information in this system including the
name and address of a veteran or member of the uniformed services may be disclosed to any nonprofit
organization if the release is directly connected with the conduct of programs and the utilization
of benefits under title 38 U.S.C. (such disclosures include computerized lists of names and
addresses).
</p><p>13. Except for medical information and beneficiary and option designations, any information
including insurance contract information (<i>e.g.,</i> name, address, status of the account,
dividends paid, cash value, and policy loans) may be disclosed at the request of a veteran or member
of the uniformed services to an attorney acting under a declaration of representation, a VA-approved
claims agent, an insurance agency, a trust officer, or to employees or members of an accredited
service organization, so that these individuals or organizations can aid veterans or members of the
uniformed services in the preparation, presentation, prosecution of claims under the laws
administered by VA. The name and address of a veteran or member of the uniformed services will not,
however, be disclosed to these individuals under this routine use if the veteran or member of the
uniformed services has not requested the assistance of an accredited service organization, claims
agent, trust officer, or an attorney.
</p><p>14. The name, address, insurance account information of an insured veteran or member of the
uniformed services, their beneficiary(ies), legal representatives, or designated payee(s), and the
amount of payment may be disclosed to the Treasury Department, upon its official request, in order
for the Treasury Department to make payment of dividends, policy loans, cash surrenders, maturing
endowments, insurance refunds, issue checks and perform check tracer activities for the veteran or
member of the uniformed services, beneficiary(ies), legal representative or designated payee(s).
</p><p>15. The name and address of an insured veteran or member of the uniformed services, date and
amount of payments made to VA, including specific status of each policy (<i>e.g.,</i> premiums paid
in, dividends paid out, cash and loan values) may be disclosed to the Internal Revenue Service
(IRS), upon its official request, in order for the IRS to collect tax liens by withholding insurance
payments to satisfy unpaid taxes. This purpose is consistent with title 26 of the United States
Code, section 7602.
</p><p>16. The name, address, social security number, date of discharge from the military, medical
information concerning the grounds for total disability or the nature of an injury or illness, and
dependency or beneficiary related information of a member of the uniformed services or veteran may
be disclosed to the Office of Servicemembers' Group Life Insurance (OSGLI) at the request of a
member of the uniformed services or veteran in order to aid OSGLI in the verification of such
information for the purpose of issuance and maintenance of insurance policies provided to members of
the uniformed services or veterans participating in the Servicemembers' Group Life Insurance (SGLI)
program and/or Veterans' Group Life Insurance (VGLI) program and to pay insurance benefits under
these programs.
</p><p>17. The name, address, and other identifying information such as a social security number or a
military service number may be disclosed to the Department of Defense (Army, Air Force, Navy, Marine
Corps); the Coast Guard of the Department of Homeland Security; the Commissioned Officers Corps of
the U.S. Public Health Service; and the Commissioned Officers Corps of the National Oceanic and
Atmospheric Administration (NOAA) of the Department of Commerce; this disclosure may be made upon
their official request, for use in order for these departments to establish and maintain allotments
from active and retired service pay for VA insurance premiums and loan repayments.
</p><p>18. The face amount and cash and/or loan value of an insurance policy, verification of an
existing insurance policy, and the name and address of an insured veteran or member of the uniformed
services may be disclosed at the request of the veteran or member of the uniformed services to a
Federal, State, or local agency, in order for these agencies to assist a veteran or member of the
uniformed services applying for Medicaid, Medicare, nursing home admittance, welfare benefits, or
other benefits provided by the requesting agency to the extent that the information is relevant and
necessary to the agency's decision regarding benefits.
</p><p>19. The name and address of a veteran or member of the uniformed services and military service
information (<i>e.g.,</i> dates of service, branch of service) may be disclosed to the Armed Forces
Institute of Pathology (AFIP), upon its official request, in order for the AFIP to conduct research
for specified official purposes.
</p><p>20. The name(s) and address(es) of a veteran or member of the uniformed services may be disclosed
to another Federal agency or to a contractor of that agency, at the written request of the head of
that agency or designee of the head of that agency for the purpose of conducting government research
necessary to accomplish a statutory purpose of that agency.
</p><p>21. Any information in this system, including the nature and amount of a financial obligation,
may be disclosed to a debtor's employing agency or commanding officer, upon its official request, as
a routine use in order to assist VA in the collection of unpaid financial obligations owed to VA so
that the debtor-employee may be counseled by his or her Federal employer or commanding officer. This
purpose is consistent with 5 U.S.C. 5514, 31 U.S.C. 3701-3702, and 3711-3718.
</p><p>22. Any information in this system, including available identifying data regarding the debtor,
such as the name of the debtor, last known address of the debtor, name of the debtor's spouse,
social security account number of the debtor, VA insurance number, VA loan number, VA file number,
place of birth and date of birth of the debtor, name and address of the debtor's employer or firm
and dates of employment, may be disclosed to other Federal agencies, State probate courts, State
drivers license bureaus, and State automobile title and license bureaus as a routine use in order to
obtain current address, locator and credit report assistance in the collection of unpaid financial
obligations owed the United States. This purpose is consistent with the Federal Claims Collection
Act of 1966 (Pub. L. 89-508) and subsequent amendments, and 31 United States Codes 3701-
3702 and 3711-3718.
</p><p>23. Any information concerning the veteran's or uniformed services member's indebtedness to the
United States by virtue of a person's participation in a benefits program administered by VA,
including personal information obtained from other Federal agencies through computer matching
programs, may be disclosed to any third party, except consumer reporting agencies, in connection
with any proceeding for the collection of an amount owed to the United States. Purposes of these
disclosures may be to (a) assist VA in collection of title 38 benefit overpayments, overdue
indebtedness, and or costs of services provided individuals not entitled to such services, and (b)
initiate legal actions for prosecuting individuals who willfully or fraudulently obtain title 38
benefits without entitlement. This disclosure is consistent with 31 U.S.C. 3701-3702, 3711
-3718; and 38 U.S.C. 5701(b)(6).
</p><p>24. The name and address of a veteran or member of the uniformed services, other information as
is reasonably necessary to identify such veteran or member of the uniformed services, including
personal information obtained from other Federal agencies through computer matching programs, and
any information concerning the veteran's or uniformed services member's indebtedness to the United
States by virtue of the person's participation in a benefits program administered by VA may be
disclosed to a consumer reporting agency for purposes of assisting in the collection of such
indebtedness, provided that the provisions of 31 U.S.C. 3701-3702 and 3711-3718 and 38
U.S.C 5701(g)(4) have been met.
</p><p>25. Any information in this system such as notice of renewal, reinstatement, premium due, lapse
actions, miscellaneous insurance instructions, disposition of dividends, policy loans, and transfer
of records may be disclosed to VA fiduciaries, court-appointed guardians/conservators, powers of
attorney, or military trustees of incompetent veterans or members of the uniformed services in order
to advise VA fiduciaries, court-appointed guardians/conservators, powers of attorney, or military
trustees of current actions to be taken in connection with ownership of U.S. government life
insurance policies and to enable them to properly perform their duties as fiduciaries or guardians,
powers of attorney, or military trustees.
</p><p>26. Any information in this system of records may be disclosed, in the course of presenting
evidence in or to a court, magistrate, administrative tribunal, or grand jury, including disclosures
to opposing counsel in the course of such proceedings or in settlement negotiations.
</p><p>27. Identifying information, except for the name and address of a veteran or member of the
uniformed services, may be disclosed to a Federal, State, County or Municipal agency for the purpose
of conducting computer matches to obtain information to validate the entitlement of a veteran or
member of the uniformed services who is receiving or has received government insurance benefits
under title 38 of the United States Code. The name and address of a veteran or member of the
uniformed services may also be disclosed to a Federal agency under this routine use if they are
required by the Federal agency to respond to the VA inquiry.
</p></xhtmlContent></subsection>
<subsection type="policiesAndPractices"><xhtmlContent>
<p>Storage:</p>
<p>Records are stored in two computerized systems called Veterans Insurance Claims Tracking and
Response System (VICTARS), and the Insurance Terminal System (ITS). VICTARS utilizes imaging and
electronic technology to store paper documents, including applications and correspondence, and it
records all processing related activities involving insurance policies, disability outreach
services, and Web site self-service and "Autoform" access.
</p><p>The Insurance Terminal System (ITS) provides direct access to insurance records relative to
claims processing via computer monitors. Both VICTARS and ITS store and retrieve all information in
the insurance records system through the local area network (LAN) maintained through the VA
Information Technology Center (VA ITC) at the Philadelphia VA Regional Office and Insurance Center.
</p><p>"Freedom Enterprise" creates recordings of incoming phone calls received by insurance
personnel regarding insurance policy related issues and stores the call as part of the LAN
maintained through the VA ITC.
</p><p>Back-up VA insurance records are stored by Iron Mountain Off-Site Data in a secured area. (The
complete address is provided in Appendix 1 at the end of this document.)
</p><p>Inactive records are also stored on microfilm, microfiche, disks, Central Office (CO) index
cards, premium record cards in hardcopy folders, on computer lists, and on punch cards, which are
kept in locked files and secured areas.
</p></xhtmlContent></subsection>
<subsection type="retrievability"><xhtmlContent>
<p>All hardcopy and electronically stored insurance records are retrievable by the government
insurance file number, VA file number, policyholder's name, social security number, or date of
birth.
</p><p>Information input through the VA Insurance Web site's self-service portal relative to loan
applications is retrievable by the use of unique personal identification numbers (PINs), passwords,
and an insurance file number. Approved encryption technology is used to protect personal
information.
</p><p>Incomplete Service-Disabled Veterans Insurance (S-DVI) applications are retrievable on the
VA Insurance Web site through the "Autoform" program with the use of a personal
password, social security number, and date of birth of the veteran. (The completed S-DVI
application becomes part of the VICTARS storage system.) Approved encryption technology is used to
protect personal information.
</p><p>The "Interactive Voice Response (IVR)" system permits veterans to access audible
information about their insurance records which is stored by the VA Insurance Program's LAN via
touch-tone telephone technology utilizing the VA Insurance file number.
</p></xhtmlContent></subsection>
<subsection type="safeguards"><xhtmlContent>
<p>1. PHYSICAL SECURITY:
</p><p>a. All VA facilities are protected by the Federal Protective Service or other security personnel.
All Insurance files and processing areas are restricted to authorized personnel on a need-to-know
basis. Areas containing paper and computerized records are protected by a sprinkler system. Paper
records pertaining to employees and public figures, or otherwise sensitive files, are stored in
locked files. Microfilm records and computerized disk (CD) back-up files of Collections (the payment
processing unit) activities are stored in locked, fireproof, humidity-controlled vaults at the VA
Regional Office and Insurance Center. Automated records which are not in use by the VA ITC are
stored in locked, secured areas at Iron Mountain Off-Site Data Center. (The complete address of the
facility is available in Appendix 1 at the end of this document.)
</p><p>b. Access to the VA ITC and Collections (the payment processing unit) is restricted to VA ITC and
Collections employees, custodial personnel, and Federal Protective Service or other security
personnel. Access to VA ITC and Collections is restricted to authorized personnel and is secured by
electronic locking devices. All other persons gaining access to computer rooms and the Collections
Unit are escorted by an individual with authorized access.
</p><p>c. Access to insurance records at the Philadelphia VA Regional Office and Insurance Center
through computerized storage systems, including VICTARS, ITS, "Freedom Enterprise", and
the VA ITC is protected by password access, magnetic access card readers, and audible alarms.
Electronic keyboard locks are activated upon security errors. Video surveillance is also provided in
secured processing and computer protected areas, such as Claims, Collections, and VA ITC. An
Information Security Officer is assigned responsibility for privacy-security measures, including
review of violations logs and local control and distribution of passwords.
</p><p>2. SYSTEM SECURITY:
</p><p>a. In the VA ITC, identification of computerized tapes and disks containing data is enforced
using automated labeling techniques. Access to computer programs is controlled at the Operations
level.
</p><p>b. The Veterans Insurance Claims Tracking and Response System (VICTARS), the Insurance Terminal
System (ITS), and "Freedom Enterprise" utilizes the VA Insurance Program's LAN as the
storage and retrieval conduit which provides automated recognition of authorized users and their
respective access levels and restrictions through the use of passwords. Passwords are changed
periodically and are restricted to authorized individuals on a need-to-know basis for system access
or security purposes.
</p><p>c. Back-up insurance records and VA ITC data records are stored in a secured site by Iron
Mountain Off-Site Data. (The address of the facility is listed in Appendix 1 at the end of this
document.)
</p><p>d. The VA Insurance Web site self-service pages, including its "Autoform"
application, which is used by veterans, their legal representatives, and payees is only accessible
with the use of personal identifiers consisting of personal identification numbers (PINs),
passwords, file numbers, loan numbers, social security number, and date of birth. The access portals
utilize LAN based encryption technology and firewalls to protect personal data.
</p><p>e. The "Interactive Voice Response" (IVR) system, which is protected as part of the
VA Insurance Program's LAN, permits veterans to listen to information from their insurance records
via touch-tone telephone technology which utilizes the VA Insurance file number to access the
record.
</p><p>f. Data exchange by e-mail within the agency or between other Federal agencies is done by means
of dedicated communication lines utilizing approved encryption technology.
</p></xhtmlContent></subsection>
<subsection type="retentionAndDisposal"><xhtmlContent>
<p>Hardcopy records are retained and disposed of in accordance with disposition authorization
approved by the Archivist of the United States.
</p><p>VICTARS, the primary records storage and retrieval system for the Insurance Program maintains
imaged insurance records indefinitely through the VA Insurance Program's LAN. Hardcopy records
imaged into VICTARS are stored for 31 days prior to destruction. Original copies of imaged
beneficiary designation documents are stored indefinitely at the NARA Mid Atlantic Regional Center.
(The complete address is provided in Appendix I at the end of this document.) Computerized records
accessible through ITS are also maintained indefinitely through the VA Insurance Program's LAN.
</p><p>Back-up VA ITC archive records are stored on tape for 1 year prior to being erased or written
over.
</p><p>Records in the "Freedom Enterprise" system which records incoming phone calls
regarding insurance policies are maintained for 1 year and purged 13 months after the call.
</p></xhtmlContent></subsection>
<subsection type="systemManager"><xhtmlContent>
<p>Director (00), VA Regional Office and Insurance Center, 5000 Wissahickon Avenue, P.O. Box 8079,
Philadelphia, PA 19101.
</p></xhtmlContent></subsection>
<subsection type="notificationProcedure"><xhtmlContent>
<p>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 who wants to determine the contents of such record,
or has a routine inquiry concerning the status of his or her insurance under this system may contact
the VA Regional Office and Insurance Center in Philadelphia, Pennsylvania at (215) 381-3029.
Requests concerning the specific content of a record must be made in writing or made in person to
the VA Regional Office and Insurance Center in Philadelphia, Pennsylvania. The inquirer should
provide the full name of the veteran or member of the uniformed services, their insurance file
number or VA claim number or social security number, the date of birth of the veteran or member of
the uniformed services, and reasonably identify the benefit or system of records involved. If the
insurance file number or any of the other identifiers noted above are not available, the service
number, and/or location of insurance records that will aid VA personnel in locating the official
insurance records should be provided. (Address locations of records storage facilities for this
system are listed in Appendix 1 at the end of this document.)
</p></xhtmlContent></subsection>
<subsection type="recordAccessProcedures"><xhtmlContent>
<p>Individuals desiring access to, and contesting of, VA records and related procedures should write
to the VA Regional Office and Insurance Center at 5000 Wissahickon Avenue, P.O. Box 8079,
Philadelphia, Pennsylvania 19101.
</p></xhtmlContent></subsection>
<subsection type="contestingRecordProcedures"><xhtmlContent>
<p>(<i>See</i> Records access procedures above.)
</p></xhtmlContent></subsection>
<subsection type="recordSourceCategories"><xhtmlContent>
<p>The veteran, member of the uniformed services, or someone acting on their behalf; the uniformed
services, other Federal agencies, including the Department of Defense (DoD); Social Security
Administration (SSA); U.S. Treasury Department; Office of Servicemembers' Group Life Insurance
(OSGLI); State and local agencies; Federal, State, and local courts; VA records; VA and private
physicians; VA and private medical facilities; accredited veterans service organizations and other
organizations aiding veterans and members of the uniformed services; VA-approved claims agents; VA
fiduciaries; court-appointed guardians/conservators, powers of attorney, and military trustees;
financial institutions; beneficiaries; commercial insurance companies; undertakers; lending
institutions holding a veteran's or uniformed services member's mortgage; VA Loan Guaranty records;
contractors remodeling or enlarging or adding construction to existing homes; relatives and other
interested persons; Westlaw and InfoUSA; Inquiry Routing &amp; Information System (IRIS) (maintained
under System of Records "151VA005N" by the Office of Information &amp; Technology); and
the general public.
</p><p><b>Appendix I: Address Locations of VA Insurance Records Facilities
</b></p><p>1. VA Regional Office and Insurance Center, 5000 Wissahickon Avenue, P.O. Box 8079,
Philadelphia, PA 19101.
</p><p>2. Iron Mountain Offsite Data, 1397 Glenlake Avenue, Ilasca, IL 60143.
</p><p>3. NARA Mid Atlantic Region (Northeast Philadelphia), 14700 Townsend Road, Philadelphia, PA
19154.
</p><p>4. NARA Great Lakes Region (Dayton Kingsridge), 8801 Kingsridge Drive, Miamisburg, OH 45458.
</p><p>5. NARA Central Plains Region (Lee's Summit), 200 Space Center Drive, Lee's Summit, MO 64064.
</p><p>6. NARA Central Plains Region (Lenexa), 17501 West 98th Street, Suite
31-50, Lenexa, KS 66219.
</p><p>7. NARA Great Lakes Region (Chicago), 7358 South Pulaski Road, Chicago, IL 60629.
</p><p>8. NARA Northeast Region (Pittsfield), 10 Conte Drive, Pittsfield, MA 01210.
</p><p>9. Office of Servicemembers' Group Life Insurance, 80 Livingston Avenue,
Roseland, NJ 07068.
</p></xhtmlContent></subsection></section>
<section id="37VA27" toc="yes">
<systemNumber>37VA27</systemNumber>
<subsection type="systemName">VBeneficiary Fiduciary Field System (BFFS)--VA.
</subsection>
<subsection type="systemLocation"><xhtmlContent>
<p> Records are maintained at the Department of Veterans Affairs (VA) fiduciary hub that has jurisdiction over the geographical area in which the VA beneficiary resides, and the Austin Data Processing Center in Austin, Texas.  The BFFS system and associated electronic records are maintained at a private Federal hosting facility.  Addresses of VA fiduciary hubs and the Data Processing Center are listed in VA Appendix 1.</p>
<p> Documents and information pertaining to program issues and categories of individuals covered by the system are stored in an electronic record repository.  </p>
</xhtmlContent></subsection>
<subsection type="categoriesOfIndividuals"><xhtmlContent>
<p>  The following categories of individuals are covered by this system: </p>
<p>1. VA beneficiaries (i.e., a veteran or a non-veteran adult who receives VA monetary benefits, lacks the mental capacity to manage his or her own financial affairs regarding disbursement of funds without limitation, and is either rated incapable of managing his or her financial affairs or adjudged to be under legal disability by a court of competent jurisdiction; or a child who has not reached majority under State law and receives VA monetary benefits).</p>
<p>2. Current, former, and prospective VA-appointed fiduciaries (i.e., a VA Federal fiduciary appointed by VA to serve as fiduciary of VA monetary benefits for a VA beneficiary determined unable to manage his or her financial affairs; or a person or legal entity appointed by a State or foreign court to supervise the person and/or payee</p>
<p>of a VA beneficiary adjudged to be under a legal disability).  The statutory title of a court-appointed fiduciary may vary from State to State.</p>
<p>3. A chief officer of a hospital, domiciliary, institutional or nursing home care facility where a beneficiary, who VA has determined is unable to manage his or her financial affairs, is receiving care and who has contracted to use the veteran's VA funds in a specific manner.</p>
<p>4. Supervised Direct Payment (SDP) (i.e., an adult beneficiary in the fiduciary program who manages his or her VA benefits with limited and temporary supervision based upon a field examination and subsequent to determination by the hub manager pertaining to benefits eligibility and other issues; or, to develop evidence for further investigations of potential criminal issues).</p>
<p>5. Physicians named in treatment records and financial managers or attorneys who help disperse funds for VA beneficiaries deemed unable to manage those funds.</p>
</xhtmlContent></subsection>
<subsection type="categoriesOfRecords"><xhtmlContent>
<p>  The records in the electronic fiduciary folder are the primary records in this system.  Social Security Administration (SSA) derived records, as needed, are also contained in this system.  These records may contain the following types of information: </p>
<p>1. Field examination reports (i.e., VA Form 27-4716a or 27-3190, Field Examination Request and Report, which contains a VA beneficiary's name, address, Social Security number, VA file number, an assessment of the beneficiary's ability to handle VA and non-VA funds, description of family relationships, economic and social adjustment information, information on the beneficiaryâ€™s activities, and the name, address, and assessment of the performance of a VA-appointed fiduciary). </p>
<p>2. Correspondence from and to a VA beneficiary, a VA-appointed fiduciary, and other interested third parties. </p>
<p>3. Medical records (i.e., medical and social work reports generated in VA, State, local, or private medical treatment facilities or private physicians' offices indicating the medical history of a VA beneficiary, including diagnosis, treatment and nature of any physical or mental disability). </p>
<p>4.  Financial records (e.g., accountings regarding a fiduciary's management of a beneficiary's income, investments, and accumulated funds, amount of monthly benefits received, amounts charged for fees by the fiduciary, certificates of balance on accounts from financial institutions, and withdrawal agreements between VA, financial institutions, and the fiduciary). </p>
<p>5. Court documents (e.g., petitions, court orders, letters of guardianship, inventories of assets, and depositions). </p>
<p>6. Agreements to serve as a VA Federal fiduciary.</p>
<p>7. Information pertaining to individuals, including companies and other entities, who previously served as a VA-appointed fiduciary. </p>
<p>8.  Information related to the qualification and appointment of individuals, including companies and other entities, considered by VA for appointment as a fiduciary. </p>
<p>9.  Photographs of people (beneficiaries who VA has determined are unable to manage their financial affairs, fiduciaries, and other persons who are the subject of a VA investigation), places, and things. </p>
<p>10.  Fingerprint records.</p>
<p>11.  SSA records containing information about the type and amount of SSA benefits paid to beneficiaries who are eligible to receive benefits under both VA and SSA eligibility criteria, records containing information developed by SSA about SSA beneficiaries who are in need of representative payees, accountings provided to SSA, and records containing information about SSA representative payees.  Also contained in this system are copies of non-fiduciary program investigation records.  These records are reports of field examinations or investigations performed at the request of any organizational element of VA about any subject under the jurisdiction of VA other than a fiduciary issue.  In addition to copies of the reports, records may include copies of exhibits or attachments such as photographs of people, places, and things; sworn statements; legal documents involving loan guaranty transactions, bankruptcy, and debts owed to VA; accident reports; birth, death, and divorce records; certification of search for vital statistics documents; beneficiary's financial statements and tax records; immigration information; and newspaper clippings.</p>
</xhtmlContent></subsection>
<subsection type="authorityForMaintenance"><xhtmlContent>
<p>Section 501(a), (b), and chapter 55 of Title 38, United States Code.</p>
</xhtmlContent></subsection>
<subsection type="purpose"><xhtmlContent>
<p>  This system will collect a limited amount of personally identifiable information to provide authorized individuals access to or interaction with VA.  The information collected by the system will include:  Name, mailing address, Social Security number, medical record information, and financial information.  The system also enables VA to maintain the name, mailing address, Social Security or tax identification number, and credit and criminal histories of individuals who are currently VA-appointed fiduciaries, who previously served as VA-appointed fiduciaries, or who were considered for service as VA-appointed fiduciaries, for the purpose of qualifying the individual for service as a fiduciary and providing oversight of fiduciaries.  See the statutory provisions cited in â€˜â€˜Authority for maintenance of the system.â€™â€™  VA gathers or creates these records in order to enable it to administer these statutory benefits programs. </p>
</xhtmlContent></subsection>
<subsection type="routineUsesOfRecords"><xhtmlContent>
<p>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 record on behalf of and at the request of that individual. </p>
<p>2. Any information in this system, except for 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, rule, regulation, or order issued pursuant thereto, at the initiative of VA. </p>
<p>3. 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, when that information is for law enforcement investigation purposes, and such request is in writing and otherwise complies with subsection (b)(7) of the Privacy Act. </p>
<p>4. 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, and, if the information is sought for law enforcement investigation purposes, and the request otherwise complies with subsection (b)(7) of the Privacy Act. </p>
<p>5. The name and address of a veteran may be disclosed to any nonprofit organization if the release is directly connected with the conduct of programs and the utilization of benefits under title 38 (such disclosures include computerized lists of names and addresses). </p>
<p>6. Any information in this system, including name, address, Social Security number, VA file number, medical records, financial records, and field examination reports of a VA beneficiary, and the name, address, and information regarding the activities of a VA-appointed fiduciary or beneficiary may be disclosed at the request of a VA beneficiary or fiduciary to a Federal, State, or local agency in order for VA to obtain information relevant to a VA decision concerning the payment and usage of funds payable by VA on behalf of a beneficiary, or to enable VA to assist a beneficiary or VA-appointed fiduciary in obtaining the maximum amount of benefits for a VA beneficiary from a Federal, State, or local agency. </p>
<p>7. Any information in this system, including name, address, Social Security number, VA file number, medical records, financial records, and field examination reports of a VA beneficiary who is in receipt of VA and SSA benefits concurrently, and the name, address, and information regarding the activities of a VA-supervised fiduciary may be disclosed to a representative of the SSA to the extent necessary for the operation of a VA program, or to the extent needed as indicated by such representative. </p>
<p>8. The name and address of a VA beneficiary, the VA rating that indicates the beneficiary is unable to manage his or her financial affairs, and the field examination report upon which the rating was based may be disclosed to a Federal agency, upon its official request, in order for that agency to make decisions on such matters as competency and dependency in connection with eligibility for that agency's benefits. This information may also be disclosed to a State or local agency, upon its official request, in order for that agency to make decisions on such matters as competency and dependency in connection with eligibility for that agency's benefits, if the information pertains to a VA beneficiary who is not a veteran, or if the name and address of the veteran is provided beforehand. </p>
<p>9. Any information in this system, including medical records, financial records, field examination reports, correspondence and court documents may be disclosed in the course of presenting evidence to a court, magistrate or administrative tribunal in matters of guardianship, inquests and commitments, and to probation and parole officers in connection with court required duties. </p>
<p>10.  Only so much information, including information in VA records obtained from the SSA, and the name and address of a VA beneficiary, fiduciary, or other person under investigation, as is necessary to obtain a coherent and informed response may be released to a third party who may have information bearing on an issue under VA investigation. </p>
<p>11.  Any information in this system may be disclosed to a VA-appointed fiduciary in order for that fiduciary to perform his or her duties, provided this information will only be released when the disclosure is for the benefit of the beneficiary.  Any information in this system may also be disclosed to a proposed fiduciary in order for the fiduciary to make an informed decision with regard to accepting fiduciary responsibility for a VA beneficiary. </p>
<p>12.  Any information in this system, including medical records, correspondence records, financial records, field examination reports, and court documents may be disclosed to an attorney employed by the beneficiary, or to a spouse, relative, next friend, or to a guardian ad litem representing the interests of the beneficiary, provided the name and address of the beneficiary is given beforehand and the disclosure is for the benefit of the beneficiary, and the release is authorized by 38 U.S.C. 7332, if applicable.  Records subject to 38 U.S.C. 7332 contain information on medical treatment for drug abuse, alcoholism, sickle cell anemia, and HIV. </p>
<p>13.  Any information in this system may be disclosed to the Department of Justice and to U.S. Attorneys for litigation involving the United States and to Federal agencies upon their official request in connection with review of administrative tort claims filed under the Federal Tort Claims Act, 28 U.S.C. 2672, as well as other claims. </p>
<p>14.  Any information in this system including available identifying information regarding the debtor, such as the name of the debtor, last known address of the debtor, name of debtor's spouse, Social Security number, VA insurance number, VA file number, place of birth and date of birth of debtor, name and address of debtor's employer or firm, and dates of employment may be disclosed to other Federal agencies, State probate courts, State driverâ€™s license bureaus, State automobile title and license bureaus, and the General Accounting Office in order to obtain current address, locator, and credit report assistance in the collection of unpaid financial obligations owed the United States.  The purpose is consistent with the Federal Claims Collection Act of 1966 and 38 U.S.C. 5701(b)(6). </p>
<p>15.  Any information in this system relating to the adjudication of a VA beneficiaryâ€™s ability to manage his or her VA benefits, either by a court of competent jurisdiction or by VA, may be disclosed to a lender or prospective lender participating in the VA Loan Guaranty Program who is extending credit or proposing to extend credit on behalf of a veteran for VA to protect veterans in this category from entering into unsound financial transactions which might deplete the resources of the veteran and to protect the interest of the Government giving credit assistance to a veteran. </p>
<p>16.  VA may disclose information from this system of records to the Department of Justice (DoJ), either on VAâ€™s initiative or in response to DoJâ€™s request for the information, after either VA or DoJ determines that such information is relevant to DoJâ€™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 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.</p>
<p>17.  Disclosure of relevant information may be made to individuals, organizations, public or private 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.</p>
<p>18.  VA may disclose on its own initiative any information in this system, except the names and mailing addresses of veterans and their dependents, that 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 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. </p>
<p>19.  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.</p>
<p>20.  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) VA 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 the economic or property interests, identity theft or fraud, or harm to the programs (whether maintained by VA 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 VAâ€™s efforts to respond to the suspected or confirmed compromise and prevent, minimize, or remedy such harm.  This routine use permits disclosures by VA 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.</p>
<p>21.  The name and mailing address of a VA beneficiary, and other information as is reasonably necessary to identify such a beneficiary, who has been adjudicated as incapable of managing his or her financial affairs under 38 CFR 3.353, may be provided to the Attorney General of the United States or his/her designee, for use by DoJ in the National Instant Criminal Background Check System mandated by the Brady Handgun Violence Prevention Act, Public Law 103-59.</p>
<p>22.  The name, mailing address, and any other information obtained by VA pertaining to the qualification of an individual seeking appointment as a VA fiduciary may be released to the beneficiary or his or her accredited representative or court-appointed guardian for the purpose of notifying the beneficiary of the reasons for selection or non-selection of the individual.</p>
<p>23.  The name, mailing address, and any other information obtained by VA pertaining to the allegation, investigation, determination of misuse by a fiduciary, or determination of negligence on the part of VA may be released to the beneficiary or his or her accredited representative or court-appointed guardian for the purpose of notifying the beneficiary of the reasons for VAâ€™s decision regarding misuse.   </p>
</xhtmlContent></subsection>
<subsection type="policiesAndPractices"><xhtmlContent>
<p>Storage:</p>
<p>  VA electronically maintains fiduciary program beneficiary and fiduciary information in electronic fiduciary folders in BFFS at the VA Data Processing Center in Austin, Texas.  Non-fiduciary program investigations and related information are maintained on paper documents and stored at the fiduciary hubs and at VA Central Office.</p>
<p>Records (or information contained in records) are also maintained in electronic file folders (e.g., Virtual VA).  Such information may be accessed through data telecommunication terminal systems designated for the Benefits Delivery Network (BDN), Virtual VA, and Veterans Service Network (VETSNET).  BDN, Virtual VA, and VETSNET terminal locations include VA Central Office, regional offices, VA health care facilities, Veterans Integrated Service Networks, Department of Defense Finance and Accounting Service Centers, and the U.S. Coast Guard Pay and Personnel Center.  Remote online access is also made available to authorized remote sites and claimantsâ€™ representatives, to include VA-accredited representatives of VA-recognized veterans service organizations, and VA-accredited attorneys and claims agents.  A VA claimant must execute a prior written consent or a power of attorney authorizing access to his or her claims records before VA will allow the representative to have access to the claimantâ€™s automated claims records.  Representatives may use the access solely for the purpose of assisting an individual claimant whose records are accessed in a claim for benefits administered by VA.  Information relating to receivable accounts owed to VA, designated the Centralized Accounts Receivable System (CARS), is maintained on magnetic tape, microfiche and microfilm.  CARS is accessed through a data telecommunications terminal system at St. Paul, Minnesota.</p>
</xhtmlContent></subsection>
<subsection type="retrievability"><xhtmlContent>
<p>  Paper documents and automated storage media are indexed by name and file number of VA beneficiary or other individual.</p>
</xhtmlContent></subsection>
<subsection type="safeguards"><xhtmlContent>
<p>1. Historical individual case folder and computer lists are generally kept in steel cabinets when not in use.  The cabinets are located in areas which are locked after work hours.  Access to these records is restricted to authorized VA personnel on a "need to know" basis. </p>
<p>2. Access to the computer rooms within the regional office with jurisdiction over fiduciary hubs is generally limited by appropriate locking devices and restricted to authorized VA employees and vendor personnel.  Automatic Data Processing peripheral devices are generally placed in secure areas (areas that are locked or have limited access) or are otherwise protected.  Information in the BFFS may be accessed by authorized VA employees.  Access to file information is controlled at two levels; the system recognizes authorized employees by a series of individually unique passwords/codes, and the employees are limited to only the information in the file which is needed in the performance of their official duties.</p>
<p>3. Access to the VA data processing center is generally restricted to center employees, custodial personnel, Federal Protective Service, and other security personnel.  Access to the computer rooms is restricted to authorized operational personnel through electronic locking devices.  All other persons gaining access to the computer rooms are escorted.</p>
<p>4. Access to records in VA Central Office is only authorized to VA personnel on a "need to know" basis.  Records are maintained in manned rooms during working hours.  During non-working hours, there is limited access to the building with visitor control by security personnel.</p>
</xhtmlContent></subsection>
<subsection type="retentionAndDisposal"><xhtmlContent>
<p>  Paper documents received are scanned into VAâ€™s electronic document repository and subsequently destroyed after 90 days.  Electronic records are not purged.</p>
</xhtmlContent></subsection>
<subsection type="systemManager"><xhtmlContent>
<p>  Director, Pension and Fiduciary Service (21PF), VA Central Office, Washington, DC 20420.</p>
</xhtmlContent></subsection>
<subsection type="notificationProcedure"><xhtmlContent>
<p>  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 content of such records, should submit a written request or apply in person to the nearest VA regional office or center.  Addresses for VA regional offices and centers may be found in VA Appendix 1.  All inquiries must reasonably identify the type of records involved, e.g., fiduciary file.  Inquiries should include the individual's full name, VA file number, and return address.  If a VA file number is not available, then as much of the following information as possible should be forwarded: Full name, branch of service, dates of service, service numbers, Social Security number, and date of birth.</p>
</xhtmlContent></subsection>
<subsection type="recordAccessProcedures"><xhtmlContent>
<p> Individuals seeking information regarding access to or contesting VA records in this system may write, call, or visit the nearest VA regional office or center.</p>
</xhtmlContent></subsection>
<subsection type="contestingRecordProcedures"><xhtmlContent>
<p> See records access procedures above.</p>
</xhtmlContent></subsection>
<subsection type="recordSourceCategories"><xhtmlContent>
<p> VA beneficiary, VA beneficiary's dependents, VA-appointed fiduciaries, individuals who were previously VA-appointed fiduciaries, individuals who VA considered for service as a VA-appointed fiduciary but did not select, field examiners, legal instrument examiners, fiduciary program personnel, third parties, other Federal, State, and local agencies, and VA records.</p>
</xhtmlContent></subsection></section>
<section id="38VA21" toc="yes">
<systemNumber>38VA21</systemNumber>
<subsection type="systemName">Veterans and Beneficiaries Identification Records Location Subsystem-VA
</subsection>
<subsection type="systemLocation"><xhtmlContent><p>Records are maintained at the VA Data Processing Center, 1615 East Woodward Street, Austin,
TX, 78722; VA Central Office, 810 Vermont Avenue, NW, Washington, DC 20420; VA Records Processing
Center, PO Box 5020, St. Louis, MO 63115 and at Neosho, MO.
</p></xhtmlContent></subsection>
<subsection type="categoriesOfIndividuals"><xhtmlContent><p>The following categories of individuals will be covered by the system: (1) Veterans who
applied for VA benefits (e.g., compensation, pension,, rehabilitation and education, U.S. Government
life insurance, National Service life insurance, and medical and dental care); (2) veterans
discharged from military service since March 1973; (3) veterans because of whose military service
benefits have been sought by others (e.g., beneficiaries (spouse, children or parents) who have
applied for or who are receiving or have received VA benefits (i.e., insurance awards, education,
burial benefits)); (4) Medal of Honor recipients; and (5) service members who have established
accounts from which future applications for VA educational benefits under title 38, United States
Code, Chapter 32 may be used.
</p></xhtmlContent></subsection>
<subsection type="categoriesOfRecords"><xhtmlContent><p>The record, or information contained in the record may include (1) identifying information,
(2) military discharge information, (3) date of death, (4) VA claims and insurance file numbers, (5)
records location and (6) cross-references to beneficiaries of a veteran and to other names used by
the veteran. Identifying information may include the following concerning the veteran: Full name,
social security number, service number, date of birth, entry and release from active duty, character
of service, and branch of service. Military discharge information may include sex, total amount of
active service, the dollar amount of readjustment or severance pay, number of nonpaydays, pay grade,
narrative reason for separation and information on whether the veteran was discharged with a
disability, served during the Vietnam Conflict, reenlisted in the military service, or received a
Purple Heart award.
</p></xhtmlContent></subsection>
<subsection type="authorityForMaintenance"><xhtmlContent><p>Title 38, United States Code, Chapter 3, section 210(c)(1)
</p></xhtmlContent></subsection>
<subsection type="routineUsesOfRecords"><xhtmlContent><p>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 record
on behalf of and at the request of that individual.
</p><p>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.
</p><p>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 that agency;
provided, that if the information pertains to a veteran, the name of the veteran will not be
disclosed unless the name is provided first by the requesting State or local agency.
</p><p>4. Any information in this system, except for the name of a veteran, may be disclosed to a
Federal agency in order for the VA to obtain information relevant to the issuance of a benefit under
title 38, United States Code. The name of a veteran may be disclosed to a Federal agency under this
routine use if the name is required by the Federal agency to respond to the VA inquiry.
</p><p>5. Any information in this system, except for the name 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, rule, regulation or order issued pursuant thereto.
</p><p>6. The name 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.
</p><p>7. The name 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 the
name be provided for a purpose authorized by law.
</p><p>8. Any information, including the name of a veteran, may be disclosed to any nonprofit
organization if the release is directly connected with the conduct of programs and the utilization
of benefits under title 38 U.S.C. (such disclosures include computerized lists of names).
</p><p>9. The file number and folder location may be disclosed to the Railroad Retirement Board (RRB)
pursuant to its standing request. This information is used by the RRB to obtain information from VA
compensation, pension, or education records in accordance with the Railroad Retirement Act of 1937,
section 228.1(i).
</p><p>10. Any information in this system may be disclosed to components of the Armed Forces such as the
National Personnel Record Center (NPRC) and the U.S. Army Reserve Components Personnel and
Administration Center (RCPAC) in accordance with its standing request. This information is used to
aid in rebuilding lost military service records and to upgrade the character of discharge or to
correct or complete military records.
</p><p>11. Identifying information, the claims file number and folder location may be disclosed to the
National Research Council, National Academy of Sciences, in accordance with its standing request.
This information is used in medical studies for the VA or another Federal agency as approved by the
Chief Medical Director.
</p><p>12. Identifying information, the claims file number and folder location may be disclosed to the
U.S. Treasury upon its official request. This information is used to obtain the necessary
information to return U.S. savings bonds to veterans which are currently in the safekeeping of the
U.S. Treasury.
</p><p>13. A veteran's claims or insurance file number and folder location may be disclosed to
accredited service organization representatives, VA-approved claims agents and attorneys acting
under a declaration of representation so that these individuals can aid veterans in the preparation,
presentation, and prosecution of claims under the laws administered by the VA.
</p><p>14. Identifying information, the claims file number and folder location may be disclosed to
research facilities provided the name of the veteran is furnished by the requestor. The purpose of
this disclosure is for such research facilities to obtain information necessary to assist in the
medical studies of the veterans. These studies must be approved by the VA Chief Medical Director.
</p><p>15. Identifying information, the claims file number and folder location may be disclosed to the
Federal Parent Locator Service (PLS) of the Department of Health and Human Services upon its
official request in accordance with Pub. L. 93-647, which requires disclosure of this
information in order to locate missing parents.
</p><p>16. The claims file number and the folder location may be disclosed to a third party requestor
who is seeking the current address of the veteran, in order to refer the requestor to the VA
regional office where the veteran's folder is located and to assist the regional office in
conducting a blind mailing in accordance with 38 CFR 1.518(c). The file number and folder location
may be disclosed to a third party requestor who is seeking the current address of or information
about a veteran, in order to (1) refer the requestor to the VA regional office or insurance center
where the veteran's folder is located to assist such office or center in conducting a blind mailing
in accordance with 38 CFR 1.1518(c) or (2) aid in the efficient Agency records maintenance functions
of associating and collating correspondence with existing records.
</p><p>17. Identifying information, except for the name of a veteran, may be disclosed to a Federal,
State, County or Municipal agency for the purpose of conducting computer matches to obtain
information to validate the entitlementof a veteran who is receiving or has received veterans
insurance benefits under Title 38, United States Code. The name of a veteran may also be disclosed
to a Federal agency under this routine use if they are required by the Federal agency to respond to
the VA inquiry.
</p><p>18. The name and address of a prospective, present, or former accredited representative, claims
agent or attorney and any information concerning such individual relating to a suspension,
revocation, or potential suspension or revocation of that individual's privilege of remote access to
Veterans Benefits Administration automated claim records, may be disclosed to any recognized service
organization with which the accredited representative is affiliated, and to any entity employing the
individual to represent veterans on claims for veterans benefits.
</p><p>19. The name and address of a former accredited representative, claim agent or attorney, and any
information concerning such individual, except a veterans' name and home address, which is relevant
to a revocation of remote access privileges to Veterans Benefits Administration automated claim
records may be disclosed to an appropriate governmental licensing organization where VA determines
that the individual's conduct which resulted in revocation merits reporting.
</p><p>20. the power of attorney of a claimant for the VA benefits or the information that a power of
attorney has not been appointed by the claimant may be disclosed from the Benefits Delivery Network
to any recognized veterans service organization even though the service oprganization does not hold
a current power of attorney for the claimant.
</p><p>Any information in this system of records may be disclosed to a Federal agency for the purpose of
conducting a computer matching program (as defined in 5 U.S.C. 552a(a)(8)) in accordance with the
provision of 552a.
</p></xhtmlContent></subsection>
<subsection type="policiesAndPractices"><xhtmlContent><p>Storage:</p>
<p>The basic file is on automated storage media (e.g., magnetic tapes and disks), with backup
copies of the information on magnetic tape. Such information may be accessed through a data
telecommunication terminal system designated the Benefits Delivery Network (BDN). BDN terminal
locations include VA Central Office, VA regional offices, VBA Debt Management Center, VA health care
facilities, Department of Defense Finance and Accounting Service Centers and the U.S. Coast Guard
Pay and Personnel Center. An adjunct file (at the Records Processing Center (RPC) in St. Louis, MO)
contains microfilm and paper documents of former manual Central Index claims numbers registers,
partial files of pensioners with service prior to 1930, personnel with service between 1940 and 1948
with VA insurance, and partial lists of other Armed Forces personnel indexed by service number. A
duplicate of the microfilm is also located at VA Central Office.
</p><p>Remote on-line access is also made available to authorize representatives of claimants and to
attorneys of record for claimants. A VA claimant must execute a prior written consent or a power of
attorney authorizing access to his or her claims records before VA will allow the representative or
attorney to have access to the claimant's automated claims records. Access by representatives and
attorneys of record is to be used solely for the purpose of assisting an individual claimant whose
records are accessed in a claim for benefits administered by VA.
</p></xhtmlContent></subsection>
<subsection type="retrievability"><xhtmlContent><p>Information is retrievable by the use of name only, name and one or more numbers (service,
social security, VA claims file and VA insurance file), name and one or more criteria (e.g., dates
of birth, death and service), number only, or initials or first five letters of the last name with
incorrect file number.
</p></xhtmlContent></subsection>
<subsection type="safeguards"><xhtmlContent><p>Access to the basic file in the Austin DPC (Data Processing Center) is restricted to
authorized VA employees and vendors. Accredited service organization representatives, VA-approved
claims agents and attorneys acting under a declaration of representation so that these individuals
can aid veterans in the preparation, presentation, and prosecution of claims under the laws
administered by VA are provided read-only access.
</p><p>Access to BDN data telecommunications network is by authorization controlled by the site security
officer who is responsible for authorizing access to the BDN by a claimant's representative or
attorney approved for access in accordance with VA regulations. The site security officer is
responsible for ensuring that the hardware, software and security practices of a representative or
attorney satisfy VA security requirements before granting access. The security requirements
applicable to access to automated claims files by VA employees also apply to access to automated
claims files by claimants' representatives or attorneys. The security officer is assigned
responsibility for privacy-security measures, especially for review of violation logs, information
logs and control of password distribution, including password distribution for claimants'
representatives.
</p><p>Access to the computer room where the basic file is maintained within the DPC is further
restricted to authorized VA employees and vendor personnel on a "need to know" basis and is
protected from unauthorized access by an alarm system, the Federal Protective Service, and VA
security personnel. As to access to Target terminals, see Safeguards, Compensation, Pension,
Education, and Rehabilitation Records--58VA21/22. Authorized terminals with access to the VBA
Benefits Delivery Network are located only at VA regional officers, VA medical facilities, VA
Central Office, VBA Debt Management Center, National Cemetery System facilities, Railroad Retirement
Board through the Chicago Regional Office, the National Personnel Records Center, the U.S. Army
Reserve Components Personnel and Administration Center at St. Louis, MO, and at remote sites
nationwide. The adjunct file is accessible for official use only by personnel assigned to Systems
Development Service (20M4), VA Central Office, Washington, DC, and the Administrative Division at VA
Records Processing Center, St. Louis, MO.
</p></xhtmlContent></subsection>
<subsection type="retentionAndDisposal"><xhtmlContent><p>Records are maintained on magnetic tape, disks, microfilm or paper documents and are
retained and disposed of in accordance with disposition authorization approved by the Archivist of
the United States.
</p></xhtmlContent></subsection>
<subsection type="systemManager"><xhtmlContent><p>Director, Compensation and Pension Service (21), VA Central Office, 810 Vermont Avenue, NW,
Washington, DC 20420.
</p></xhtmlContent></subsection>
<subsection type="notificationProcedure"><xhtmlContent><p>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
record should submit a written request or apply in person to the nearest VA regional office or
center. Addresses for these offices may be found in VA Appendix 1. Inquiries should include the
individual's full name and VA claims file number. If the VA claims file number is not available,
then as much of the following information concerning the service person as possible should be
furnished: Social security number, service number, branch of service, dates of service, date of
birth or date of death.
</p></xhtmlContent></subsection>
<subsection type="recordAccessProcedures"><xhtmlContent><p>Individuals seeking information regarding access to and contesting of VA records in this
system may write, call or visit the nearest VA regional office.
</p></xhtmlContent></subsection>
<subsection type="contestingRecordProcedures"><xhtmlContent><p>(See Record access procedures above.)
</p></xhtmlContent></subsection>
<subsection type="recordSourceCategories"><xhtmlContent><p>Information contained in the records is obtained from veterans' military separation
documents, veterans, VA records, the Railroad Retirement Board and other Federal agencies.
</p></xhtmlContent></subsection></section>
<section id="41VA41" toc="yes">
<systemNumber>41VA41</systemNumber>
<subsection type="systemName">Veterans and Dependents National Cemetery Gravesite Reservation Records-VA
</subsection>
<subsection type="systemLocation"><xhtmlContent><p>Veterans Administration Central Office and the National Cemetery where reservation is made.
Address locations are listed in VA Appendix 1 at the end of this document.
</p></xhtmlContent></subsection>
<subsection type="categoriesOfIndividuals"><xhtmlContent><p>Veterans and their dependents.
</p></xhtmlContent></subsection>
<subsection type="categoriesOfRecords"><xhtmlContent><p>Military service data, name and address of individual; data on gravesite reservation.
</p></xhtmlContent></subsection>
<subsection type="authorityForMaintenance"><xhtmlContent><p>Pub. L. 93-43 dated June 18, 1973 "National Cemeteries Act of 1973".
</p></xhtmlContent></subsection>
<subsection type="routineUsesOfRecords"><xhtmlContent><p>1. A record from this system of records may be disclosed as a "routine use" to a foreign
government allied with the U.S. during war, or a Federal, State or local agency maintaining civil,
criminal or other pertinent information or military service data, if necessary to obtain information
relevant to an agency decision concerning eligibility for burial or a reservation in a National
Cemetery or the issuance of a Government headstone to mark a grave.
</p><p>2. A record from this system of records may be disclosed to a Federal agency in response to its
request in connection with the granting of a benefit to a veteran (including active duty personnel)
or a dependent by the requesting agency, to the extent that the information is relevant and
necessary to the requesting agency's decision on the matter.
</p><p>3. In the event that a system of records maintained by this agency to carry out its functions
indicates a violation or potenial violation of law, whether civil, criminal or regulatory in nature,
and whether arising by general staute or particular program statute, or by regulation, rule or order
issued pursuant thereto, the relevant records in the system of records may be referred, as a routine
use, to the appropriate agency, whether Federal, State, local or foreign, charged with the
responsibility of investigating or prosecuting such violation or charged with enforcing or
implementing the statute, or rule, regulation or order issued pursuant thereto.
</p><p>4. Disclosure may be made to a congressional office from the record of an individual in response
to an inquiry from the congressional office made at the request of that individual.
</p><p>5. Disclosure may be made to NARA (National Archives and Records Administration) GSA (General
Services Administration) in records management inspections conducted under authority of 44 U.S.C.
2904 and 2906.
</p></xhtmlContent></subsection>
<subsection type="policiesAndPractices"><xhtmlContent><p>Storage:</p>
<p>Paper documents and magnetic tape.
</p></xhtmlContent></subsection>
<subsection type="retrievability"><xhtmlContent><p>Alphabetically by name and reservation survey date.
</p></xhtmlContent></subsection>
<subsection type="safeguards"><xhtmlContent><p>Released only to the person concerned or the next-of-kin upon receipt of proper.
</p></xhtmlContent></subsection>
<subsection type="retentionAndDisposal"><xhtmlContent><p>Paper records are destroyed after interment; automated record is erased after reservation is
used or cancelled.
</p></xhtmlContent></subsection>
<subsection type="systemManager"><xhtmlContent><p>Director (41), National Cemetery System, Veterans Administration Central Office, Washington,
DC 20420.
</p></xhtmlContent></subsection>
<subsection type="notificationProcedure"><xhtmlContent><p>Same as System Manager.
</p></xhtmlContent></subsection>
<subsection type="recordAccessProcedures"><xhtmlContent><p>Same as System Manager.
</p></xhtmlContent></subsection>
<subsection type="contestingRecordProcedures"><xhtmlContent><p>(See System Manager above.)
</p></xhtmlContent></subsection>
<subsection type="recordSourceCategories"><xhtmlContent><p>Reservee involved and official military records.
</p></xhtmlContent></subsection></section>
<section id="42VA41" toc="yes">
<systemNumber>42VA41</systemNumber>
<subsection type="systemName">Veterans and Dependents National Cemetery Interment Records-VA
</subsection>
<subsection type="systemLocation"><xhtmlContent><p>VA Central Office, and the National Cemetery where veteran or his dependent is interred.
Address locations are listed in VA Appendix 1 at the end of this document.
</p></xhtmlContent></subsection>
<subsection type="categoriesOfIndividuals"><xhtmlContent><p>Deceased veterans and their dependents.
</p></xhtmlContent></subsection>
<subsection type="categoriesOfRecords"><xhtmlContent><p>Military service data, name and address of next-of-kin, burial location and cemetery burial
services data.
</p></xhtmlContent></subsection>
<subsection type="authorityForMaintenance"><xhtmlContent><p>Pub. L. 93-43 dated June 18, 1973 "National Cemeteries Act of 1973".
</p></xhtmlContent></subsection>
<subsection type="routineUsesOfRecords"><xhtmlContent><p>1. A record from this system of records may be disclosed as a "routine use" to a foreign
government allied with the U.S. during war, or a Federal, State or local agency maintaining civil,
criminal or other pertinent information or military service data, if necessary to obtain information
relevant to an agency decision concerning eligibility for burial or a reservation in a National
Cemetery or the issuance of a government headstone to mark a grave.
</p><p>2. A record from this system of records may be disclosed to a Federal agency in response to its
request in connection with the granting of a benefit to a veteran (including active duty personnel)
or a dependent by the requesting agency, to the extent that the information is relevant and
necessary to the requesting agency's decision on the matter.
</p><p>3. To reply to inquiries, written and verbal, from family members and friends.
</p><p>4. In the event that a system of records maintained by this agency to carry out its functions
indicates a violation or potential violation of law, hether 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, the relevant records in the system of records may be referred, as a
routine use, to the appropriate agency, whether Federal, State, local or foreign, charged with the
responsibility of investigating or prosecuting such violation or charged with enforcing or
implementing the statute, or rule, regulation or order issued pursuant thereto.
</p><p>5. Disclosure may be made to a congressional office from the record of an individual in response
to an inquiry from the congressional office made at the request of that individual.
</p><p>6. Disclosure may be made to NARA (National Archives and Records Administration) GSA (General
Services Administration) in records management inspections conducted under authority of 44 U.S.C.
2904 and 2906.
</p></xhtmlContent></subsection>
<subsection type="policiesAndPractices"><xhtmlContent><p>Storage:</p>
<p>Paper documents and microfilm.
</p></xhtmlContent></subsection>
<subsection type="retrievability"><xhtmlContent><p>Alphabetically by name.
</p></xhtmlContent></subsection>
<subsection type="safeguards"><xhtmlContent><p>Released only to the person concerned or the next-of-kin upon receipt of proper
identification.
</p></xhtmlContent></subsection>
<subsection type="retentionAndDisposal"><xhtmlContent><p>Retained permanently.
</p></xhtmlContent></subsection>
<subsection type="systemManager"><xhtmlContent><p>Director (41), National Cemetery System, VA Central Office, Washington, DC 20420.
</p></xhtmlContent></subsection>
<subsection type="notificationProcedure"><xhtmlContent><p>(See System Manager above.)
</p></xhtmlContent></subsection>
<subsection type="recordAccessProcedures"><xhtmlContent><p>(See System Manager above.)
</p></xhtmlContent></subsection>
<subsection type="contestingRecordProcedures"><xhtmlContent><p>(See System Manager above.)
</p></xhtmlContent></subsection>
<subsection type="recordSourceCategories"><xhtmlContent><p>The veteran, family members of the deceased, official military records, and VA claims
records.
</p></xhtmlContent></subsection></section>
<section id="43VA008" toc="yes">
<systemNumber>43VA008</systemNumber>
<subsection type="systemName">Veterans, Service Members, Family Members, and VA Beneficiary Survey Records-VA
</subsection>
<subsection type="systemLocation"><xhtmlContent><p>Computerized records will be maintained at the following computer site locations: VA Austin
Automation Center, 1615 Woodward Street, Austin, Texas 78722; VA Central Office, 810 Vermont Avenue,
NW., Washington, DC 20420; or with private contractors acting as agents of the VA. Paper records are
stored at the Washington National Records Center (WNRC) or with private contractors acting as agents
of the VA.
</p></xhtmlContent></subsection>
<subsection type="categoriesOfIndividuals"><xhtmlContent><p>(1) Veterans,
</p><p>(2) Family members of veterans,
</p><p>(3) Military service members,
</p><p>(4) Family members of service members, and
</p><p>(5) Other VA beneficiaries.
</p></xhtmlContent></subsection>
<subsection type="categoriesOfRecords"><xhtmlContent><p>The categories of records in the system may include:
</p><p>1. Personal identifiers (e.g., respondents' names, addresses, phone numbers, social security
numbers, employer identification numbers);
</p><p>2. Demographic and socioeconomic characteristics (e.g., date of birth, sex, race/ethnicity,
education, marital status, employment and earnings, financial information, business ownership
information);
</p><p>3. Military service information (e.g., military occupational specialties, periods of active duty,
branch of service including National Guard or Reserves, date of separation, rank);
</p><p>4. Health status information (e.g., diagnostic, health care utilization, cost, and third-party
health plan information);
</p><p>5. Benefit and service information (e.g., data on transition assistance services, VA medical and
other benefit eligibility, awareness, knowledge, understanding, and use; data on access and barriers
to VA benefits or services; data about satisfaction with VA outreach, benefits, or services);
</p><p>6. The records may also include information about DoD military personnel from DoD files (e.g.,
utilization files that contain inpatient and outpatient medical records, and eligibility files from
the Defense Eligibility Enrollment Reporting System (DEERS));
</p><p>7. The records may include information on Medicare beneficiaries from Health Care Financing
Administration (HCFA) databases (e.g., Denominator file identifies the population being studied;
Standard Analytical files on inpatient, outpatient, physician supplier, nursing home, hospice, home
care, durable medical equipment; and Group and other Health Plans).
</p></xhtmlContent></subsection>
<subsection type="authorityForMaintenance"><xhtmlContent><p>5 U.S.C. 306, 38 U.S.C. 527, and Sections 211 and 805 of Public Law 108ndash;454.
</p></xhtmlContent></subsection>
<subsection type="purpose"><xhtmlContent><p>The purpose of this system of records is to collect data about the characteristics of
America's veteran, service member, family member, and beneficiary population through surveys that
may be augmented with information from several existing VA systems of records and with information
from non-VA sources to:
</p><p>1. Conduct statistical studies and analyses relevant to VA programs and services.
</p><p>2. Plan and improve services provided;
</p><p>3. Decide about VA policies, programs, and services;
</p><p>4. Study the VA's role in the use of VA and non-VA benefits and services; and
</p><p>5. Study the relationship between the use of VA benefits and services and the use of related
benefits and services from non-VA sources. These types of studies are needed for VA to forecast
future demand for VA benefits and services.
</p></xhtmlContent></subsection>
<subsection type="routineUsesOfRecords"><xhtmlContent><p>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 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.
</p><p>1. Any system records may be disclosed to the National Archives and Records Administration
(NARA), and General Services Administration (GSA) for records management inspections conducted under
the authority of 44 United States Code.
</p><p>2. Any system records may be disclosed to individuals, organizations, private or public agencies,
or other entities or individuals with whom VA has a contract or agreement for the performance of the
services identified in the contract or agreement. The person performing the agreement or contract
(or employees of the person) also may disclose records covered by the contract or agreement to any
secondary entity or individual to perform an activity necessary to provide to VA the service
identified in the contract or agreement as permitted under the contract or agreement.
</p><p>3. VA may disclose on its own initiative any information in this system, except the names and
home addresses of veterans and their dependents, which is relevant to a suspected 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, 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. On its own initiative, VA may also disclose 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, rule or order issued pursuant thereto.
</p><p>4. Any system records may be disclosed to a Federal agency for the conduct of research and data
analysis to perform a statutory purpose of that Federal agency upon the prior written request of
that agency, provided that there is legal authority under all applicable confidentiality statutes
and regulations to provide the data and OPP has determined prior to the disclosure that OPP data
handling requirements are satisfied. OPP may disclose limited individual identification information
to another Federal agency for the purpose of matching and acquiring information held by that agency
for OPP to use for the purposes stated for this system of records.
</p><p>5. Any system records may be disclosed 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.
</p><p>6. VA may disclose information in 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 disclosure of the records to the
Department of Justice 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.
</p><p>7. VA may, on its own initiative, disclose information when VA reasonably believes that there may
have been a data breach with respect to information in the system such that the confidentiality or
integrity of information in the system of records may have been compromised to such agencies,
entities, and persons who are reasonably necessary to assist in connection with the Department's
efforts to respond to the suspected or confirmed data breach and prevent, minimize, or remedy such
harm, including conduct of any risk analysis, or provision of credit protection services as provided
in 38 U.S.C. 5724.
</p></xhtmlContent></subsection>
<subsection type="policiesAndPractices"><xhtmlContent><p>Storage:</p>
<p>VA sensitive information includes health information that is stored on electronic media,
laser optical media, on a segregated secure server or in paper form. Electronic media, or laser
optical media data are kept locked in a safe when not in immediate use. The data is located in a
combination-locked safe which is secured inside a key-accessed room at the U.S. Department of
Veterans Affairs, 810 Vermont Avenue, NW., Washington, DC 20420. Information stored on paper is kept
locked in file cabinets when not in immediate use. Databases are temporarily placed on a secured
server inside a restricted network area for data match purposes only. Information that resides on a
segregated server is kept behind cipher locked doors with limited access. Requestors of OPP stored
health information within VA, or from external individuals, contractors, organizations, and/or
agencies with whom VA has a contract or agreement, must provide an equivalent level of security
protection and comply with current VA policies and procedures for storage and transmission as
codified in VA directives such as but not limited to VA Directive 6504.
</p></xhtmlContent></subsection>
<subsection type="retrievability"><xhtmlContent><p>Health care information is kept separate from individual identifiers. Unique codes are
assigned to individual health information. A codebook for decoding is stored in a safe for name,
social security number or other assigned identifiers of the individuals on whom they are maintained.
These records may be retrieved by name, address, social security number, date of birth, military
service number, claim or file number, DoD's identification numbers, or other personal identifiers.
</p></xhtmlContent></subsection>
<subsection type="safeguards"><xhtmlContent><p>1. This list of safeguards furnished in this System of Record is not an exclusive list of
measures that has been, or will be, taken to protect individually-identifiable information. HIPAA
guidelines for protecting health information will be followed by adopting health care industry best
practices in order to provide adequate safeguards. Further, VA policy directives that specify the
standards that will be applied to protect health information will be reviewed by VA staff and
contractors through mandatory data privacy and security training.
</p><p>2. Access to data storage areas is restricted to authorized VA employee or contract staff who
have been cleared to work by the VA Office of Security and Law Enforcement. Health information file
areas are locked after normal duty hours. VA facilities are protected from outside access by the
Federal Protective Service and/or other security personnel.
</p><p>3. Access to health information provided by the Veterans Health Administration (VHA) pursuant to
a Business Associate Agreement (BAA) is restricted to those OPP employees and contractors who have a
need for the information in the performance of their official duties. As a general rule, full sets
of health care information are not provided for use unless authorized by the Assistant Secretary.
File extracts provided for specific official uses will be limited to contain only the information
fields needed for the analysis. Data used for analyses will have individual identifying
characteristics removed whenever possible.
</p><p>4. Security complies with applicable Federal Information Processing Standards (FIPS) issued by
the National Institute of Standards and Technology (NIST). Health information files containing
unique identifiers such as social security numbers are encrypted to NIST verified FIPS 140ndash;2
standard or higher for storage, transport, or transmission. All files stored or transmitted on
laptops, workstations, data storage devices and media are encrypted. Files are kept encrypted at all
times except when data is in immediate use. These methods are applied in accordance with HIPAA
regulations [45 CFR 164.514] and VA Directive 6504.
</p><p>5. Contractors and their subcontractors are required to maintain the same level of security as VA
staff for health care information that has been disclosed to them. Any data disclosed to a
contractor or subcontractor to perform authorized analyses requires the use of Data Use Agreements,
Non-Disclosure Statements and Business Associates Agreements (BAA's) to protect health information.
Unless explicitly authorized in writing by the VA, sensitive or protected data made available to the
contractor and subcontractors shall not be divulged or made known in any manner to any person. Other
federal or state agencies requesting health care information need to provide Data Use Agreements to
protect data.
</p><p>6. OPP's work area is accessed for business-only needs. The data is stored in a combination-
protected safe which is secured inside a limited access room. Direct access to the safe is
controlled by select individuals who possess background security clearances. Only a few employees
with strict business needs or ldquo;need-to-knowrdquo; access and completed background checks will
ever handle the data once it is removed from the safe for data match purposes.
</p><p>7. Data matches are conducted on a secured server which is housed in a restricted access network
area with appropriate locking devices. Access to such records are controlled by three measures: The
application of a VA security identification card coded with special permissions network area's key
pad; the proper input of a series of individually-unique passwords/codes by a recognized user; and
the entrance of those select individuals for the performance of their official information
technology-related duties.
</p><p>8. Access to Automated Data Processing (ADP) files is controlled by using an individually unique
password entered in combination with an individually unique user identification code.
</p><p>9. Access to VA facilities where identification codes, passwords, security profiles and possible
security violations are maintained is controlled at all hours by the Federal Protective Service, VA,
or other security personnel and security access control devices.
</p><p>10. Public use files prepared for purposes of research and analysis are purged of personal
identifiers.
</p><p>11. Paper records, when they exist, are maintained in a locked room at the WNRC. The Federal
Protective Service protects paper records from unauthorized access.
</p></xhtmlContent></subsection>
<subsection type="retentionAndDisposal"><xhtmlContent><p>Records are maintained and disposed of in accordance with the records disposition authority
approved by the Archivist of the United States and the National Archives and Records Administration
(NARA) and published in Agency Records Control Schedules. If the Archivist has not approved
disposition authority for any records covered by the system notice, the System Manager will take
immediate action to have the disposition of records in the system reviewed in accordance with VA
Handbook 6300.1, Records Management Procedures. The records may not be destroyed until VA obtains an
approved records disposition authority. See Records Control Schedule (RCS) 10ndash;1 for further
guidance. OPP destroys electronic files when no longer needed for administrative, legal, audit, or
other operational purposes. In accordance with title 36 CFR, Section 1234.34, Destruction of
Electronic Records, ldquo;electronic records may be destroyed only in accordance with a records
disposition schedule approved by the Archivist of the United States, including General Records
Schedules.rdquo;
</p></xhtmlContent></subsection>
<subsection type="systemManager"><xhtmlContent><p>Director, Policy Analysis Service (008A1), 810 Vermont Avenue, NW., Washington, DC 20420.
</p></xhtmlContent></subsection>
<subsection type="notificationProcedure"><xhtmlContent><p>An individual who wants to determine whether the Director, Policy Analysis Service (008A1)
is maintaining a record under the individual's name or other personal identifier or wants to
determine the content of such records must submit a written request to the Director, Program
Analysis Service (008A1). The individual seeking this information must prove his or her identity and
provide the name of the survey in question, approximate date of the survey, social security number,
full name, and date of birth, telephone number, and return address. All inquiries must reasonably
identify the health care information involved and the approximate date that medical care was
provided.
</p></xhtmlContent></subsection>
<subsection type="recordAccessProcedures"><xhtmlContent><p>Individual seeking information regarding access to and contesting of records maintained by
the Office of Policy and Planning under his or her name or other personal identifier may write the
System Manager named above and specify the information being requested or contested.
</p></xhtmlContent></subsection>
<subsection type="contestingRecordProcedures"><xhtmlContent><p>(See Records Access Procedures.)
</p></xhtmlContent></subsection>
<subsection type="recordSourceCategories"><xhtmlContent><p>Information in this system of records is obtained from survey questionnaire data provided by
veterans, veteran family members, military service members, families of service members, or VA
beneficiaries in a survey sample and from veterans, family members, military service members, or
beneficiaries on specific VA benefit rolls. Information may also be obtained from the Patient
Medical Records System (24VA19), the Patient Fee Basis Medical and Pharmacy Records (23VA19);
Veterans and Beneficiaries Identification and Records Location Subsystem (38VA23); Compensation,
Pension, Education, and Rehabilitation Records (58VA21/22); Health Care Eligibility Center Records
(89VA19); DoD utilization files and DEERS files; and HCFA Denominator file or its successor,
Standard Analytical files (inpatient, outpatient, physician supplier, nursing home, hospice, home
care, durable medical equipment) and Group Health Plan, and other public or private health provider,
federal agency, or insurance programs and plans.
</p></xhtmlContent></subsection></section>
<section id="4401VA01" toc="yes">
<systemNumber>44VA01</systemNumber>
<subsection type="systemName">Veterans Appellate Records System-VA
</subsection>
<subsection type="systemLocation"><xhtmlContent><p>Board of Veterans' Appeals, Department of Veterans Affairs (VA), 810 Vermont Avenue NW., Washington, DC 20420, at the Wilkes-Barre VA facility, 1127 East End Boulevard, Building 42, Wilkes-Barre, PA 18702, and with the Board's contractor, Promisel &amp; Korn, Inc., 3228 Amberley Lane, Fairfax, VA 22031.
</p></xhtmlContent></subsection>
<subsection type="categoriesOfIndividuals"><xhtmlContent><p>Veterans, other appellants, Veterans Law Judges, Board staff attorneys and Members of Congress.
</p></xhtmlContent></subsection>
<subsection type="categoriesOfRecords"><xhtmlContent><p>The computer database entitled Veterans Appeals Control and Locator System (VACOLS) is a part of this system and can include electronically attached copies of Board of Veterans' Appeals decisions and remands; personal information on appellants and contesting parties including names, addresses, identifying numbers, phone numbers, service dates and issues on appeal; names, addresses and phone numbers of representatives, powers of attorney and attorney fee agreements; information on and dates of procedural steps taken in claims; records of and electronic copies of correspondence concerning appeals; diary entries, notations of mail received, information requests; transcripts of hearings; tracking information as to file location and employee productivity information. Material in this system that is not maintained in VACOLS includes verbatim digital recordings of hearings that are maintained indefinitely, microfiche decision locator tables and indices to decisions from 1983 to 1994, and microfiche reels with texts of decisions from 1977 to 1989.
</p></xhtmlContent></subsection>
<subsection type="authorityForMaintenance"><xhtmlContent><p>38 U.S.C. 7101(a), 7104, 5904.
</p></xhtmlContent></subsection>
<subsection type="purpose"><xhtmlContent><p>Initial decisions on claims for Federal Veterans' benefits are made at VA field offices throughout the nation. Claimants may appeal those decisions to the Board of Veterans' Appeals. See 38 U.S.C. Chapter 71. The Board gathers or creates the records in this system in order to carry out its appellate function, to statistically evaluate the appellate process, and to evaluate employee performance.
</p></xhtmlContent></subsection>
<subsection type="routineUsesOfRecords"><xhtmlContent><p>1. Disclosure to law enforcement personnel and security guards may be made in order to alert them to the presence of dangerous persons in VA facilities or at VA activities conducted in non-VA facilities.
</p><p>2. VA may disclose on its own initiative any information in this system, except the names and home addresses of Veterans and their dependents, which is relevant to a suspected 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, 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. On its own initiative, VA may also disclose 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, rule or order issued pursuant thereto.
</p><p>3. A record from this system of records may be disclosed to a Veteran, claimant or a third party claimant (e.g., a Veteran's survivors or dependents) to the extent necessary for the development of that claimant's claim for VA benefits.
</p><p>4. Disclosure may be made to a congressional office from the record of an individual in response to an inquiry from the congressional office made at the request of that individual.
</p><p>5. Disclosure may be made to the National Archives and Records Administration (NARA) in records management inspections conducted under authority of Title 44 U.S.C.
</p><p>6. A record from this system (other than the address of the beneficiary) may be disclosed to a former representative of a beneficiary to the extent necessary to develop and adjudicate a claim for payment of attorney fees to such representative from past due benefits under 38 U.S.C. 5904(d).
</p><p>7. Where VA determines that there is good cause to question the legality or ethical propriety of the conduct of a person or organization prospectively, presently or formerly representing a person in a matter before VA, a record from this system may be disclosed, on VA's initiative, to any or all of the following: (1) Applicable civil or criminal law enforcement authorities; (2) a person or entity responsible for the licensing, supervision, or professional discipline of the person or organization prospectively, presently or formerly representing a person in a matter before VA; (3) to other Federal and State agencies and to Federal courts when such information may be relevant to the individual's or organization's provision of representational services before such agency or court. Names and home addresses of Veterans and their dependents will be released on VA's initiative under this routine use only to Federal entities.
</p><p>8. Disclosure may be made to the VA-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 VA under medical evaluation (formerly fitness-for-duty) examination procedures or Department-filed disability retirement procedures.
</p><p>9. Disclosure may be made to officials of the Merit Systems Protection Board, or the Office of Special Counsel, or both, 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.
</p><p>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 of the Commission as authorized by law or regulation.
</p><p>11. VA may disclose to the Federal Labor Relations Authority (FLRA), including its General Counsel, information from this system related to the establishment of jurisdiction, investigation, and resolution of allegations of unfair labor practices, or the resolution of exceptions to arbitration awards when a question of material fact is raised and to address matters properly before the Federal Services Impasses Panel, investigate representation petitions, and conduct or supervise representation elections.
</p><p>12. Disclosure of information in this system of records may be made to the United States Court of Appeals for Veterans Claims when requested by the Court to further the performance of its duties as delineated in Chapter 72 of Title 38 of the United States Code Annotated with respect to any action brought under that chapter.
</p><p>13. A record from this system may be disclosed to a Service Organization where the Service Organization is the representative of record of the subject of the records to be released.
</p><p>14. As permitted by the Privacy Act at 5 U.S.C.A. &#167; 552a(b)(10), the Board will release information from this system of records to the Comptroller General, or any of his or her authorized representatives, in the course of the performance of the duties of the United States General Accountability Office.
</p><p>15. 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.
</p><p>16. 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 purpose of laws administered by VA, in order for the contractor or subcontractor to perform the services of the contract or agreement.
</p><p>17. 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.
</p><p>18. 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.
</p><p><i>Note:</i> Any record maintained in this system of records, which may include information relating to drug abuse, alcoholism or alcohol abuse, infection with the human immunodeficiency virus, or sickle cell anemia will be disclosed pursuant to an applicable routine use for the system only when permitted by 38 U.S.C. 7332.
</p></xhtmlContent></subsection>
<subsection type="policiesAndPractices"><xhtmlContent><p>Storage:</p>
<p>Information is kept in a computer database entitled VACOLS and backed up on computer tape. Archived records that were created prior to expansion of the Board of Veterans' Appeals' electronic storage capability may be stored in filing folders or cabinets, microfiche, computer disks, or computer tape. Hearings before the Board are digitally recorded and stored indefinitely. Where a facility must use audio tape to record hearings, the recording is maintained for one year after which period it is destroyed. A transcript is made for each hearing held and is electronically attached to the record in VACOLS. Digital recordings of hearings are maintained on a back-up server. Under the Vital Records Schedule, electronic back-up tapes are updated quarterly. A back-up tape is transferred weekly to the Board's contractor for quick access back-up tape storage.
</p></xhtmlContent></subsection>
<subsection type="retrievability"><xhtmlContent><p>VACOLS records in this system may be retrieved by any searchable field in the VACOLS database. This system notice covers only information retrieved by an individual's name or other identifier. Archived material from this system that is not in VACOLS may be retrieved by Veteran's name, VA file number, or BVA archive citation number.
</p></xhtmlContent></subsection>
<subsection type="safeguards"><xhtmlContent><p>Files are under custody of designated VA employees, including employees of the Board of Veterans' Appeals and its contractor, all of whom have a need to know the contents of the system of records in order to perform their duties. Access to VACOLS is strictly limited to reflect the need individual employees have for the different records in the system. Where a Veterans Service Organization office is located in a VA facility and has access to VACOLS through the Wide Area Network, that access is strictly limited to viewing records of current clients of the organization. No personal identifiers are used in statistical and management reports, and personal identifiers are removed from all archived Board of Veterans' Appeals decisions and other records in this system before VA makes them available to the public. Files kept by the contractor are in a locked safe in locked rooms in a secured building.
</p></xhtmlContent></subsection>
<subsection type="retentionAndDisposal"><xhtmlContent><p>Records in this system, in VACOLS, and those collected prior to VACOLS' use as a repository are retained indefinitely as Category B Vital Records unless otherwise specifically noted. Under the Vital Records Schedule, electronic back-up tapes are destroyed by erasure upon receipt of the next quarterly tape set. Recordings of hearings will be made as described in Rule 714, 38 CFR 20.714, and transcriptions of recordings of hearings will be attached electronically in VACOLS. Electronic recordings of hearings will be retained for at least one year from the date of the hearing, giving the hearing subject the opportunity to challenge the accuracy of the transcript.
</p></xhtmlContent></subsection>
<subsection type="systemManager"><xhtmlContent><p>Chairman (01), Board of Veterans' Appeals, 810 Vermont Avenue NW., Washington, DC 20420.
</p></xhtmlContent></subsection>
<subsection type="notificationProcedure"><xhtmlContent><p>An individual desiring to know whether this system of records contains a record pertaining to him or her, how she or he may gain access to such a record, and how she or he may contest the content of such a record may write to the following address: Privacy Act Officer (01C1), Board of Veterans' Appeals, 810 Vermont Avenue NW., Washington, DC 20420. The following information, or as much as is available, should be furnished in order to identify the record: Name of Veteran, name of appellant other than the Veteran (if any), and Department of Veterans Affairs file number. For information about hearing transcripts or tape recordings, also furnish the date, or the approximate date, of the hearing.
</p></xhtmlContent></subsection>
<subsection type="recordAccessProcedures"><xhtmlContent><p>Individuals seeking information regarding access to information contained in this system of records may write or call the Board of Veterans' Appeals Freedom of Information Act Officer, whose address and telephone number are as follows: Freedom of Information Act Officer (01C1), Board of Veterans' Appeals, 810 Vermont Avenue NW., Washington, DC 20420.
</p></xhtmlContent></subsection>
<subsection type="contestingRecordProcedures"><xhtmlContent><p>(See notification procedures above.)
</p></xhtmlContent></subsection>
<subsection type="recordSourceCategories"><xhtmlContent><p>VA Claims, insurance, loan guaranty, vocational rehabilitation, education, hospital records, and outpatient clinic records folders and associated folders; Board of Veterans' Appeals records; data presented by appellants and their representatives at hearings and in briefs and correspondence; and data furnished by Board of Veterans' Appeals employees.
</p></xhtmlContent></subsection>
<subsection type="systemsExempted"><xhtmlContent><p>None.
</p></xhtmlContent></subsection></section>
<section id="45VA21" toc="yes">
<systemNumber>45VA21</systemNumber>
<subsection type="systemName">Veterans Assistance Discharge System--VA.
</subsection>
<subsection type="systemLocation"><xhtmlContent><p>Records are maintained at the Department of Veterans Affairs (VA) regional offices, VA
Medical Centers, the VA Records Management Center, St. Louis, Missouri, and at the Corporate
Franchise Data Center in Austin, Texas. Address locations are listed in the VA Appendix 1, located
at the end of this document.
</p></xhtmlContent></subsection>
<subsection type="categoriesOfIndividuals"><xhtmlContent><p>Individuals (veterans only) released from active military service from March 1973, for whom
separation documents (<i>i.e.,</i> DD Forms 214, 215) were received in the Corporate Franchise Data
Center in Austin, Texas.
</p></xhtmlContent></subsection>
<subsection type="categoriesOfRecords"><xhtmlContent><p>The record, or information contained in the record may include personally identifiable
information (PII) and military discharge information. PII may include the following concerning the
veteran: Full name, social security number, service number, date of birth. Military discharge
information may include the primary military occupational specialty number, entry and release from
active duty, character of service, branch of service, and mailing address at the time of discharge,
level of education (<i>e.g.,</i> high school graduate or equivalent or not high school graduate or
equivalent), sex, total amount of active service, the dollar amount of readjustment or severance
pay, number of non-paydays, pay grade, narrative reason for separation and whether the veteran was
discharged with a disability, served in the Vietnam Conflict, reenlisted in the military service or
received a military decoration such as a Purple Heart.
</p></xhtmlContent></subsection>
<subsection type="authorityForMaintenance"><xhtmlContent><p>Title 38, United States Code, Chapter 3, section 501(a), (b).
</p><p>Purpose:</p>
<p>This system collects a limited amount of personally identifiable information for the purpose
of maintaining records and providing benefits to veterans who file claims for a wide variety of
Federal veteran's benefits administered by VA at VA facilities located throughout the United States.
<i>See</i> the statutory provisions cited in "Authority for maintenance of the system".
VA gathers or creates these records in order to enable it to administer these statutory benefits
programs.
</p></xhtmlContent></subsection>
<subsection type="routineUsesOfRecords"><xhtmlContent><p>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 record
on behalf of and at the written request of that individual.
</p><p>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.
</p><p>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 that 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.
</p><p>4. Any information in this system may be disclosed to a Federal agency, except for the name and
address of a veteran, in order for VA to obtain information relevant to the issuance of a benefit
under title 38, United States Code. The name and address of a veteran may be disclosed to a Federal
agency under this routine use if they are required by the Federal agency to respond to the VA
inquiry.
</p><p>5. Any information in this system, except for 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, tribal, or foreign
agency charged with the responsibility of investigating or prosecuting such violation, or charged
with enforcing or implementing the statute, rule, regulation or order.
</p><p>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.
</p><p>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.
</p><p>8. Any information, including name and address of a veteran, may be disclosed to any nonprofit
organization if the release is directly connected with the conduct of programs and the utilization
of benefits under title 38, United States Code (such disclosures include computerized lists of names
and addresses).
</p><p>9. A listing of names and addresses of educationally disadvantaged veterans residing in a
specific geographic area may be disclosed to VA-approved nonprofit educational facilities in order
to aid these facilities in VA outreach programs by permitting direct contact with the educationally
disadvantaged veteran.
</p><p>10. Identifying information may be disclosed at the request of the veteran to accredited service
organization representatives, VA-approved claims agents and attorneys acting under a declaration of
representation so that these individuals can aid veterans in the preparation, presentation, and
prosecution of claims under the laws administered by VA. The name and address of a veteran will not,
however, be disclosed to these individuals if the veteran has not requested the assistance of an
accredited service organization, claims agent or an attorney.
</p><p>11. The names and addresses and military discharge information (e.g., job-related information
regarding veterans with a certain primary occupational specialty number) may be disclosed upon
official request to the Departments of Justice, Labor and to the Department of Health and Human
Services, Operation Military Experience Directed Into Health Careers (MEDIHC) State coordinators.
These disclosures help veterans who were trained in health and other skills while in the military to
learn of career opportunities.
</p><p>12. Any information in this system of records may be disclosed to the Department of Defense
Manpower Data Center, upon its official request, for statistical compilation of information
contained on the separation documents issued by the Department of Defense. Veterans' addresses that
are contained in this system of records may be disclosed to the Department of Defense Manpower Data
Center, upon its official request, for military recruiting command needs: Department of Defense
civilian personnel offices' mobilization studies and mobilization information, debt collection, and
Individual Ready Reserve (IRR) Units' locator services.
</p><p>13. The name, address, date of birth and other identifying data, including social security
numbers, of a male veteran covered by this system may be released to the Selective Service System
for the purpose of identifying men who served on active military duty, but failed to register with
the Selective Service System upon separation or discharge from the service; providing the current
addresses of veterans; correcting or supplementing the data which the Selective Service System
receives from Department of Defense separation points; and ensuring the proper classification of
veterans for induction purposes in the event of a return to the draft. These records may also be
disclosed as part of an ongoing computer matching program to accomplish these purposes.
</p><p>14. Identifying information from this system of records, including name, mailing address, service
discharge date, social security number, date of birth, service branch, gender, disability status,
pay grade, educational level, date of enlistment and the amount of Servicemen's Group Life Insurance
coverage carried at the time of discharge may be disclosed to the Office of Servicemen's Group Life
Insurance for the purposes of soliciting applications for life insurance coverage under the
Veteran's Group Life Insurance program.
</p><p>15. Disclosure may be made to the National Archives and Records (NARA) Administration and the
General Services Administration (GSA) in records management inspections conducted under authority of
chapter 29 of title 44, United States Code.
</p><p>16. 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 on initiative, may disclose records in this system of records in legal
proceedings before a court or administrative body after determining that the disclosure of 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.
</p><p>17. Disclosure of relevant information may be made to individuals, organizations, public or
private 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.
</p><p>18. 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.
</p><p>19. VA may disclose on its own initiative any information in this system, except the names and
mailing addresses of veterans and their dependents, that 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, 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, rule, regulation
or order.
</p><p>20. 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) VA 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 the economic or property interests, identity theft or fraud, or harm
to the programs (whether maintained by VA 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 VA's efforts to respond to
the suspected or confirmed compromise and prevent, minimize, or remedy such harm. This routine use
permits disclosures by VA 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.
</p><p>21. The name and mailing address of a VA beneficiary, and other information as is reasonably
necessary to identify such a beneficiary, who has been adjudicated as incompetent under 38 CFR
3.353, may be provided to the Attorney General of the United States or his/her designee, for use by
the Department of Justice in the National Instant Criminal Background Check System (NICS) mandated
by the Brady Handgun Violence Prevention Act, Public Law 103-159.
</p></xhtmlContent></subsection>
<subsection type="policiesAndPractices"><xhtmlContent><p>Storage:</p>
<p>Records (or information contained in records) are maintained on paper documents in claims
folders (C-folders), vocational rehabilitation folders, electronic file folders (<i>e.g.,</i>
Virtual VA and TIMS File), and on automated storage media (<i>e.g.,</i> microfilm, microfiche,
magnetic tape and disks). Such information may be accessed through data telecommunication terminal
systems designated the Benefits Delivery Network (BDN), Virtual VA and Veterans Service Network
(VETSNET). BDN, Virtual VA and VETSNET terminal locations include VA Central Office, regional
offices, VA health care facilities, and Veterans Integrated Service Network (VISN) offices. Remote
on-line access is also made available to authorized remote sites, representatives of claimants and
to attorneys of record for claimants. A VA claimant must execute a prior written consent or a power
of attorney authorizing access to his or her claims records before VA will allow the representative
or attorney to have access to the claimant's automated claims records. Access by representatives and
attorneys of record is to be used solely for the purpose of assisting an individual claimant whose
records are accessed in a claim for benefits administered by VA.
</p></xhtmlContent></subsection>
<subsection type="retrievability"><xhtmlContent><p>Information is retrievable by the use of name only; name and one or more numbers (service,
social security, VA claims file, and VA insurance file); name and one or more criteria (<i>e.g.,</i>
date of birth, death and service); VA file number only; or initials or first five letters of the
last name and VA file number.
</p></xhtmlContent></subsection>
<subsection type="safeguards"><xhtmlContent><p>Access to the basic file in the Corporate Franchise Data Center in Austin, Texas is
restricted to authorized VA employees and vendors. Access to working spaces and claims folder file
storage areas in VA regional offices and centers is restricted to VA employees who have a need-to-
know for the performance of their official duties associated with providing veterans benefits.
Generally, file areas are locked after normal duty hours and the offices and centers are protected
from outside access by the Federal Protective Service or other security personnel. Access to BDN,
Virtual VA and VETSNET data telecommunication networks are by authorization controlled by the site
security officer who is responsible for authorizing access to the BDN, Virtual VA and VETSNET by a
claimant's representative or attorney approved for access in accordance with VA regulations. The
site security officer is responsible for ensuring that the hardware, software and security practices
of a representative or attorney satisfy VA security requirements before granting access. The
security requirements applicable to the access of automated claims files by VA employees also apply
to the access of automated claims files by claimants' representatives or attorneys. The security
officer is assigned responsibility for implementing and enforcing privacy-security measures,
especially for review of violation logs, information logs and control of password distribution,
including password distribution for claimants' representatives.
</p></xhtmlContent></subsection>
<subsection type="retentionAndDisposal"><xhtmlContent><p>Records are maintained on magnetic tape, disks and microfiche and are retained and disposed
of in accordance with disposition and authorization approved by the National Archives and Records
Administration.
</p></xhtmlContent></subsection>
<subsection type="systemManager"><xhtmlContent><p>Director, Compensation and Pension Service (21), VA Central Office, 810 Vermont Avenue NW.,
Washington, DC 20420.
</p></xhtmlContent></subsection>
<subsection type="notificationProcedure"><xhtmlContent><p>An 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
record, should submit a written request or apply in person to the Director, Administrative Service
(23), VA Central Office, 810 Vermont Avenue NW., Washington, DC 20420. Inquiries should include the
individual's full name and social security number to ensure that the information is shared with the
correct individual.
</p></xhtmlContent></subsection>
<subsection type="recordAccessProcedures"><xhtmlContent><p>Individuals seeking information regarding access to and contesting of VA records in this
system may write, call or visit the nearest VA regional office.
</p></xhtmlContent></subsection>
<subsection type="contestingRecordProcedures"><xhtmlContent><p><i>See</i> Record access procedures above.
</p></xhtmlContent></subsection>
<subsection type="recordSourceCategories"><xhtmlContent><p>The Department of Defense, which provides copies to VA of DD Form 214, <i>Certificate of
Release or Discharge from Active Duty,</i> DD Form 215, <i>Correction to DD Form 214;</i> U.S.
Public Health Service, which provides copies to VA of PHS-1867, <i>Statement of Service
Verification of Status of Commissioned Officers of the U.S. PHS;</i> and the National Oceanic and
Atmospheric Administration, which provides VA with copies of ESSA Form 56-16, <i>Report of
Separation Discharge.</i>
</p>
<p><b>Appendix 1: Department of Veterans Affairs Regional Offices and Centers
</b></p><p>Alabama AL
</p><p>VA Regional Office, 345 Perry Hill Rd., Montgomery, Alabama 36109.
</p><p>Alaska AK
</p><p>VA Regional Office, 1201 N Muldoon Rd., Anchorage 99504.
</p><p>Arizona AZ
</p><p>VA Regional Office, 3333 North Central Ave., Phoenix, Arizona 85012.
</p><p>Arkansas AR
</p><p>VA Regional Office, 2200 Fort Roots Dr., Bldg. 65, North Little Rock, Arkansas 72144.
</p><p>California CA
</p><p>VA Regional Office, Federal Bldg., 11000 Wilshire Blvd., Los Angeles, California 90024.
</p><p>VA Regional Office, 1301 Clay St., Rm. 1300 North, Oakland, California 94612.
</p><p>VA Regional Office, 8810 Rio San Diego Dr., San Diego, California 92108.
</p><p>Colorado CO
</p><p>VA Regional Office, 155 Van Gordon St., Lakewood, Colorado 80228.
</p><p>Connecticut CT
</p><p>VA Regional Office, 555 Willard Ave., Newington, Connecticut 06111.
</p><p>Delaware DE
</p><p>VA Regional Office, 1601 Kirkwood Hwy., Wilmington, Delaware 19805.
</p><p>District of Columbia DC
</p><p>VA Regional Office, 1722 I St., NW., Washington, DC 20421.
</p><p>VA Central Office, 810 Vermont Ave., NW., Washington, DC 20420.
</p><p>Florida FL
</p><p>VA Regional Office, 9500 Bay Pines Blvd., St. Petersburg, Florida 33708.
</p><p>Georgia GA
</p><p>VA Regional Office, 1700 Clairmont Rd., Decatur, Georgia 30033.
</p><p>Hawaii HI
</p><p>VA Regional Office, 459 Patterson Rd., E-Wing, Honolulu, Hawaii 96819.
</p><p>Idaho ID
</p><p>VA Regional Office, 444 W. Fort St., Boise, Idaho 83702.
</p><p>Illinois IL
</p><p>VA Regional Office, 2122 W. Taylor St., Chicago, Illinois 60612.
</p><p>Indiana IN
</p><p>VA Regional Office, 575 N. Pennsylvania St., Indianapolis, Indiana 46204.
</p><p>Iowa IA
</p><p>VA Regional Office, 210 Walnut St., Des Moines, Iowa 50309.
</p><p>Kansas KS
</p><p>VA Regional Office, 5500 E. Kellogg Ave., Wichita, Kansas 67128.
</p><p>Kentucky KY
</p><p>VA Regional Office, 321 W. Main St., Ste. 390, Louisville, Kentucky 40202.
</p><p>Louisiana LA
</p><p>VA Regional Office, 1250 Poydras St., New Orleans, Louisiana 70056.
</p><p>Maine ME
</p><p>VA Regional Office, One VA Center, Augusta, Maine 04330.
</p><p>Maryland MD
</p><p>VA Regional Office, Federal Bldg., 31 Hopkins Plaza, Baltimore, Maryland 21201.
</p><p>Massachusetts MA
</p><p>VA Regional Office, John Fitzgerald Kennedy Federal Bldg., Government Center, Boston,
Massachusetts 02203.
</p><p>Michigan MI
</p><p>VA Regional Office, Patrick V. McNamara Federal Bldg., 477 Michigan Ave., Rm. 1400, Detroit,
Michigan 48226.
</p><p>Minnesota MN
</p><p>VA Regional Office, Bishop Henry Whipple Federal Bldg., 1 Federal Dr., Fort Snelling, St.
Paul, Minnesota 55111.
</p><p>Mississippi MS
</p><p>VA Regional Office, 1600 East Woodrow Wilson Ave., Jackson, Mississippi 39216.
</p><p>Missouri MO
</p><p>VA Regional Office, 400 South 18th St., St. Louis, Missouri 63103.
</p><p>Montana MT
</p><p>VA Regional Office, 3633 Veterans Dr., Fort Harrison, Montana 59636.
</p><p>Nebraska NE
</p><p>VA Regional Office, 5631 S. 48th St., Lincoln, Nebraska 68516.
</p><p>Nevada NV
</p><p>VA Regional Office, 5460 Reno Corporate Dr., Reno, Nevada 89511.
</p><p>VA Benefits Office, 4800 Alpine Pl., Suite 12, Las Vegas, Nevada 89107.
</p><p>New Hampshire NH
</p><p>VA Regional Office, Norris Cotton Federal Bldg., 275 Chestnut St., Manchester, New Hampshire
03101.
</p><p>New Jersey NJ
</p><p>VA Regional Office, 20 Washington Place, Newark, New Jersey 07120.
</p><p>New Mexico NM
</p><p>VA Regional Office, Dennis Chavez Federal Bldg., 500 Gold Ave., SW., Albuquerque, New Mexico
87102.
</p><p>New York NY
</p><p>VA Regional Office, 245 W. Houston St., New York, New York 10014.
</p><p>VA Regional Office, Niagra Center, 130 S. Elmwood Ave., Buffalo, New York 14202.
</p><p>North Carolina NC
</p><p>VA Regional Office, Federal Office Building, 251 North Main Street, Winston-Salem, North
Carolina 27155.
</p><p>North Dakota ND
</p><p>VA Regional Office, 2101 Elm St., Fargo, North Dakota 58102.
</p><p>Ohio OH
</p><p>VA Regional Office, Anthony J. Celebreeze Federal Office Bldg., 1240 East Ninth St.,
Cleveland, Ohio 44199.
</p><p>Oklahoma OK
</p><p>VA Regional Office, 125 South Main St., Muskogee, Oklahoma 74401.
</p><p>Oregon OR
</p><p>VA Regional Office, Edith Green/Wendell Wyatt Federal Building, 1220 SW. Third Ave.,
Portland, Oregon 97204.
</p><p>Pennsylvania PA
</p><p>VA Regional Office, 1000 Liberty Ave., Pittsburgh, Pennsylvania 15222.
</p><p>VA Regional Office and Insurance Center, 5000 Wissahickon Ave., Philadelphia, Pennsylvania 19101.
</p><p>Philippines
</p><p>VA Regional Office and Outpatient Clinic, 1131 Roxas Blvd., Manila, Philippines; MAILING
ADDRESS from U.S.: VA Regional Office, PSC 501, DPO AP 96515-1100.
</p><p>Puerto Rico, Commonwealth of (including the Virgin Islands)
</p><p>VA Regional Office, 150 Carlos Chardon Ave., Suite 300, San Juan, Puerto Rico 00918.
</p><p>Rhode Island RI
</p><p>VA Regional Office, 380 Westminster Street, Providence, Rhode Island 02903.
</p><p>South Carolina SC
</p><p>VA Regional Office, 6437 Garners Ferry Rd., Columbia, South Carolina 29201.
</p><p>South Dakota SD
</p><p>VA Regional Office, P.O. Box 5046, 2501 W. 22nd St., Sioux Falls, South Dakota 57105.
</p><p>Tennessee TN
</p><p>VA Regional Office, 110 9th Ave. South, Nashville, Tennessee 37203.
</p><p>Texas TX
</p><p>VA Regional Office, 6900 Almeda Rd., Houston, Texas 77030.
</p><p>VA Regional Office, One Veterans Plaza, 701 Clay Ave., Waco, Texas 76799.
</p><p>Utah UT
</p><p>VA Regional Office, 550 Foothill Drive, Salt Lake City, Utah 84148.
</p><p>Vermont VT
</p><p>VA Regional Office, 215 North Main Street, White River Junction, Vermont 05001.
</p><p>Virginia VA
</p><p>VA Regional Office, 210 Franklin Rd., SW, Roanoke, Virginia 24011.
</p><p>Washington WA
</p><p>VA Regional Office, Federal Bldg., 915 Second Ave., Seattle, Washington 98174.
</p><p>West Virginia WV
</p><p>VA Regional Office, 640 4th Ave., Huntington, West Virginia 25701.
</p><p>Wisconsin WI
</p><p>VA Regional Office, 5400 W. National Ave., Milwaukee, Wisconsin 53214.
</p><p>Wyoming WY
</p><p>VA Regional Office and Medical Center, 2360 East Pershing Blvd., Cheyenne, Wyoming 82001.
</p></xhtmlContent></subsection></section>
<section id="48VA40B" toc="yes">
<systemNumber>48VA40B</systemNumber>
<subsection type="systemName">Veterans (Deceased) Headstone or Marker Records--VA.
</subsection>
<subsection type="systemLocation"><xhtmlContent><p>Records are maintained at the Department of Veterans Affairs (VA) Central Office,
Washington, DC.
</p></xhtmlContent></subsection>
<subsection type="categoriesOfIndividuals"><xhtmlContent><p>Deceased Veterans and eligible family members.
</p></xhtmlContent></subsection>
<subsection type="categoriesOfRecords"><xhtmlContent><p>The records in the system are the primary records and may contain the following types of
information:
</p><p>1. Military Service Data.
</p><p>2. Applicant's name and address.
</p><p>3. Place of burial.
</p><p>4. Data on headstone or marker.
</p><p>5. Consignee's name, address and phone number.
</p></xhtmlContent></subsection>
<subsection type="authorityForMaintenance"><xhtmlContent><p>Public Law 93-43.
</p><p>Purpose:</p>
<p>National Cemetery Administration (NCA) collects a limited amount of personally Identifiable
information in order to provide authorized individual's access to or interact with the Department of
Veterans Affairs. The system enables VA to maintain lists of individuals who receive a variety of
Federal Veteran's Benefits administered by VA at VA facilities located throughout the country. VA
gathers or creates these records in order to enable it to administer these statutory benefits
programs.
</p></xhtmlContent></subsection>
<subsection type="routineUsesOfRecords"><xhtmlContent><p>Information from this system also may be disclosed as a routine use for the following
purposes:
</p><p>1. For use in connection with the issuance of a government headstone or marker in a National
Cemetery or a private cemetery.
</p><p>2. VA on its own initiative may disclose 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.
</p><p>3. A record from this system of records may be disclosed as a "routine use" to a
foreign government allied with the U.S. during war, or a Federal, State or local agency maintaining
civil, criminal or other pertinent information or military service data, if necessary to obtain
information relevant to an agency decision concerning eligibility for burial or a reservation in a
national cemetery or the issuance of a government headstone to mark a grave.
</p><p>4. A record from this system of records may be disclosed to a Federal agency, in response to its
request, in connection with the granting of a benefit to a Veteran (including active duty personnel)
or a dependent by the requesting agency, to the extent that the information is relevant and
necessary to the requesting agency's decision on the matter.
</p><p>5. The record of an individual who is covered by a system of records may be disclosed to a Member
of congress, or a staff person acting for the Member, when the Member or staff person requests the
record on behalf of and at the written request of the individual.
</p><p>6. Disclosure may be made to the National Archives and Records Administration in records
management inspections conducted under authority of Title 44 U.S.C.
</p><p>7. VA may disclose 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 that is compatible with the
purpose for which VA collected the records.
</p><p>8. 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.
</p><p>9. 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.
</p><p>10. 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.
</p></xhtmlContent></subsection>
<subsection type="policiesAndPractices"><xhtmlContent><p>Storage:</p>
<p>The information contained in the Veterans (Deceased) Headstone and Marker Records are
maintained in paper documents and are stored at Veterans Administration Central Office.
</p></xhtmlContent></subsection>
<subsection type="retrievability"><xhtmlContent><p>Paper documents are indexed and retrievable by name of VA beneficiary or eligible family
member.
</p></xhtmlContent></subsection>
<subsection type="safeguards"><xhtmlContent><p>NCA will maintain the data in compliance with applicable VA security policy Directives that
specify the standards that will be applied to protect sensitive personal information. Further, only
authorized individuals may have access to the data and only when needed to perform their duties.
They are required to take annual VA mandatory data privacy and security training.
</p></xhtmlContent></subsection>
<subsection type="retentionAndDisposal"><xhtmlContent><p>Because the information is related to deceased veterans, the paper documents are retained
indefinitely.
</p></xhtmlContent></subsection>
<subsection type="systemManager"><xhtmlContent><p>Director, National Cemetery Administration (41), Department of Veterans Affairs, 810 Vermont
Ave., NW., Washington, DC 20420.
</p></xhtmlContent></subsection>
<subsection type="notificationProcedure"><xhtmlContent><p>Any individual who wishes to access information in order 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 content of such records should submit a written request to the Privacy Officer,
National Cemetery Administration, Department of Veterans Affairs, 810 Vermont Avenue, NW.,
Washington, DC 20420. All inquiries must reasonably identify the type of records involved. Inquiries
should include the individual's full name, branch of service, dates of service, service numbers,
social security number, and date of birth.
</p></xhtmlContent></subsection>
<subsection type="recordAccessProcedures"><xhtmlContent><p>See "Notification Procedures" above.
</p></xhtmlContent></subsection>
<subsection type="contestingRecordProcedures"><xhtmlContent><p>See "Notification Procedures" above.
</p></xhtmlContent></subsection>
<subsection type="recordSourceCategories"><xhtmlContent><p>Include family members of the deceased, official military records and VA claims records.
</p></xhtmlContent></subsection></section>

<section id="54VA10B3" toc="yes">
<systemNumber>54VA10B3</systemNumber>

<subsection type="systemName">Veterans and Beneficiaries Purchased Care Community Health Care Claims, Correspondence, Eligibility, Inquiry and Payment Files â€" VA.</subsection>
<subsection type="systemLocation"><xhtmlContent>
<p>Records are maintained at the Chief Business Office </p>

<p>Purchased Care (CBOPC), 3773 Cherry Creek North Drive, Denver, Colorado </p>

<p>80209.</p>

</xhtmlContent></subsection>
<subsection type="categoriesOfIndividuals"><xhtmlContent>
<p> Categories of individuals covered by the system include the following:</p>
<p>    1. Family members of Veterans who seek health care under 38 U.S.C. 1720G, 1781, 1787, 1802, 1803, 1812, 1813,  1821,Public Law 103-446, section 107 and Public Law 111-163 section 101.</p>
<p>    2. Veterans seeking health care services in a foreign country under 38 U.S.C. 1724.</p>
<p>    3. Veterans receiving community fee-for-service benefits at VA expense under Title 38 U.S.C. 1703, 1725 and 1728.</p>
<p>    4. Health care providers treating individuals who receive care under 38 U.S.C. 1703, 1720G, 1724, 1725, 1728, 1781, 1787, 1803, 1812, 1813, 1821, Public Law 103-446 section 107 and Public Law 111-163 section 101.</p>
<p>    5.  Caregivers of Veterans providing personal care services and in receipt of a stipend under 38 U.S.C. 1720G and Public Law 111-163 section 101.</p>


</xhtmlContent></subsection>
<subsection type="categoriesOfRecords"><xhtmlContent>
<p>Records maintained in the system include program applications, eligibility information concerning the Veteran, family members, caregivers: other health insurance information to include information regarding eligibility or entitlement to other federal medical programs: correspondence concerning individuals who have applied for benefits in these programs; claims (billing) for medical care and services; documents pertaining to claims for medical services; information related to claims processing; documents pertaining to stipend calculation and payment;  documents pertaining to appeals; and third party liability information and recovery actions taken by VA and/or TRICARE.  The record may include the name, address and other identifying information concerning health care providers, services provided, amounts claimed and paid for health care services, amounts calculated and paid for stipends, medical records, and treatment and payment dates.  </p>
<p>Additional information may include Veterans, who have applied for benefits in these programs; claims (billing) for medical care and services; documents pertaining to claims for medical services; information related to claims processing; documents pertaining to stipend calculation and payment; documents pertaining to appeals; and third party liability information and recovery actions. family member, and caregiver identifying information (e.g., name, address, social security number, VA claim file number, date of birth), and military service information concerning the Veteran and spouse or other family member (when applicable- e.g., dates, branch and character of service, medical information).</p>
</xhtmlContent></subsection>
<subsection type="authorityForMaintenance"><xhtmlContent>
<p>Title 38, United States Code, sections 501(a), 501(b), 1703, 1720G, 1724, 1725, 1728, 1781, 1787, 1802, 1803, 1812, 1813, 1821, Public Law 103-446 section 107 and Public Law 111-163 section 101.</p>

</xhtmlContent></subsection>
<subsection type="purpose"><xhtmlContent>
<p>Records may be used for purposes of establishing and monitoring eligibility to receive VA benefits, processing claims for medical care and services, and processing stipends.</p></xhtmlContent></subsection>
<subsection type="routineUsesOfRecords"><xhtmlContent>
<p> 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 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.</p>
<p>1. Eligibility and claim information from this system of records may be disclosed verbally or in writing. For example, disclosure may be made via correspondence, call service center, interactive voice recognition, portal or interactive Web page, in response to an inquiry made by the claimant, claimant's guardian, claimant's next of kin, health care provider, trading partner, other federal agency or contractor.  Purposes of these disclosures are to assist the provider or claimant in obtaining reimbursement for claimed medical services, to facilitate billing processes, to verify beneficiary eligibility and to provide payment information regarding claimed services.  Eligibility or entitlement information disclosed may include the name, authorization number (social security number), effective dates of eligibility, reasons for any period of ineligibility, and other health insurance information of the named individual.  Claim or stipend information disclosed may include payment information such as payment identification number, date of payment, date of service, amount billed, amount paid, name of payee, or reasons for non-payment.</p>
<p>    2. Statistical and other data to Federal, State, and local government agencies and national health organizations to assist in the development of programs that will be beneficial to health care recipients, to protect their rights under the law, and to ensure that they are receiving all health benefits to which they are entitled.</p>
<p>    3. VA may disclose on its own initiative any information in this system, except the names and home addresses of Veterans and their family members or caregivers which is relevant to a suspected 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, 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.  On its own initiative, VA may also disclose the names and addresses of Veterans, their family members or caregivers 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, rule or order issued pursuant thereto.</p>
<p>    4. A record from this system of records may be disclosed to a Federal agency upon its request for use in the issuance of a security clearance, the investigation of an employee, the letting of a contract, or the issuance of a license, grant or other benefit by the requesting agency, to the extent that the information is relevant and necessary to the requesting Agency's decision on the matter.</p>
<p>    5. Disclosure may be made to a congressional office from the record of an individual in response to an inquiry from the congressional office made at the request of that individual.</p>
<p>    6. Disclosure may be made to National Archives and Records Administration and to General Services Administration in records management inspections conducted under authority of 44 U.S.C.</p>
<p>    7. Any relevant information in this system of records may be disclosed to attorneys, insurance companies, employers, and to courts, boards, or commissions; such disclosures may be made only to the extent necessary to aid the VA in preparation, presentation, and prosecution of claims authorized under Federal, State, or local laws, and regulations promulgated thereunder.</p>
<p>    8. Any information in this system of records may be disclosed to the United States Department of Justice or United States Attorneys in order to prosecute or defend litigation involving or pertaining to the United States, or in which the United States has an interest.</p>
<p>    9. Any information in this system of records may be disclosed to a Federal agency or party to an administrative proceeding being conducted by a Federal agency, in order for VA to respond to and comply with the issuance of an order by that Federal agency requiring production of the information.</p>
<p>    10. Any information in this system of records may be disclosed to a State or municipal grand jury, a State or municipal court or a 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, provided that any disclosure of claimant information made under this routine use must comply with the provisions of 38 CFR 1.511.</p>
<p>    11. Any information concerning the claimant's indebtedness to the United States by virtue of a person's participation in a benefits program administered by VA, including personal information obtained from other Federal agencies through computer matching programs, may be disclosed to any third party, except consumer reporting agencies, in connection with any proceeding for the collection of any amount owed to the United States. Purposes of these disclosures may be to assist VA in collection of costs of services provided individuals not entitled to such services and to initiate legal actions for prosecuting individuals who willfully or fraudulently obtain Title 38 benefits without entitlement.  This disclosure is consistent with 38 U.S.C. 5701(b)(6).</p>
<p>    12. Any relevant information from this system of records may be disclosed to TRICARE, the Department of Defense (DoD) and the Defense Eligibility Enrollment Reporting System (DEERS) to the extent necessary to determine eligibility for the Civilian Health and Medical Program of the Department of Veterans Affairs (CHAMPVA) or TRICARE benefits, to develop and process CHAMPVA or TRICARE claims, and to develop cost-recovery actions for claims involving individuals not eligible for the services or claims involving potential third party liability.</p>
<p>    13. The name and address of a Veteran, family member or caregiver, and other information as is reasonably necessary to identify such individual, may be disclosed to a consumer reporting agency for the purpose of locating the individual or obtaining a consumer report to determine the ability of the individual to repay an indebtedness to the United States by virtue of the individual's participation in a benefits program administered by VA, provided that the requirements of 38 U.S.C. 5701(g)(2) have been met.</p>
<p>    14. The name and address of a Veteran, family member or caregiver and other information as is reasonably necessary to identify such individual, including personal information obtained from other Federal agencies through computer matching programs, and any information concerning the individual's indebtedness to the United States by virtue of the individual's participation in a benefits program administered by VA, may be disclosed to a consumer reporting agency for purposes of assisting in the collection of such indebtedness, provided that the requirements of 38 U.S.C. 5701(g)(4) have been met.</p>
<p>    15. In response to an inquiry about a named individual from a member of the general public, disclosure of information may be made from this system of records to report the amount of VA monetary benefits being received by the individual.  This disclosure is consistent with 38 U.S.C. 5701(c)(1).</p>
<p>    16. The name and address of a Veteran, family member or caregiver may be disclosed to another Federal agency or to a contractor of that agency, at the written request of the head of that agency or designee of the head of that agency, for the purpose of conducting government research necessary to accomplish a statutory purpose of that agency.</p>
<p>    17. Any information in this system of records relevant to a claim of a Veteran, family member or caregiver such as the name, address, the basis and nature of a claim, amount of benefit payment information, medical information and military service and active duty separation information may be disclosed at the request of the claimant to accredited service organizations, VA approved claim agents and attorneys acting under a declaration of representation, so that these individuals can aid claimants in the preparation, presentation and prosecution of claims </p>
<p>under the laws administered by VA.  The name and address of a claimant will not, however, be disclosed to these individuals under this routine use if the claimant has not requested the assistance of the accredited service organization, claims agent or an attorney.</p>
<p>    18. Any information in this system, including medical information, the basis and nature of claim, the amount of benefits and personal information may be disclosed to a VA Federal fiduciary or a guardian ad litem in relation to his or her representation of a claimant only to the extent necessary to fulfill the duties of the VA Federal fiduciary or the guardian ad litem.</p>
<p>    19. The individual's name, address, social security number and the amount (excluding interest) of any indebtedness which is waived under 38 U.S.C. 3102, compromised under 4 CFR Part 103, otherwise forgiven, or for which the applicable statute of limitations for enforcing collection has expired, may be disclosed to the Treasury Department, Internal Revenue Service, as a report of income under 26 U.S.C. 61(a)(12).</p>
<p>    20. The name of a Veteran, family member or caregiver, or other information as is reasonably necessary to identify such individual, and any other information concerning the individual's indebtedness by virtue of a person's participation in a benefit program administered by VA, may be disclosed to the Treasury Department, Internal Revenue Service, for the collection of Title 38, U.S.C. benefit overpayments, overdue indebtedness, and/or costs of services provided to an individual not entitled to such services, by the withholding of all or a portion of the person's Federal income tax refund.</p>
<p>    21. The name, date of birth and social security number of a Veteran, family member or caregiver, and other identifying information as is reasonably necessary may be disclosed to Social Security Administration and Centers for Medicare &amp; Medicaid Services, Department of Health and Human Services, for the purpose of validating social security numbers and Medicare information.</p>
<p>    22. The name and address of any health care provider in this system of records who has received payment for claimed services on behalf of a </p>
<p>Veteran, family member or caregiver may be disclosed in response to an inquiry from a member of the general public who requests assistance in locating medical providers who accept VA payment for health care services.</p>
<p>    23. Relevant information from this system of records may be disclosed to individuals, organizations, private or public agencies, etc., with whom VA has a contract or agreement 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.</p>
<p>    24. Relevant information from this system of records may be disclosed to an accrediting Quality Review and Peer Review Organization in connection with the review of claims or other review activities associated with CBOPC accreditation to professionally accepted claims processing standards.</p>
<p>    25. Identifying information, including social security number, of </p>
<p>Veterans, spouse(s) of veterans, and dependents of Veterans, family members and caregivers, may be disclosed to other Federal agencies for purposes of conducting computer matches, to obtain information to determine or verify eligibility of Veterans who are receiving VA medical care under relevant sections of Title 38, U.S.C.</p>
<p>    26. 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.</p>
<p>    27. 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 </p>
<p>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.</p>
<p>28.  Any relevant information from this system of records may be disclosed to the Centers for Medicare and Medicaid, the Social Security Administration, Veterans Benefit Administration, or any other federal or state agency.</p>
</xhtmlContent></subsection>
<subsection type="policiesAndPractices"><xhtmlContent>

<p>Storage:</p>
<p>Records are stored electronically, in paper folders, magnetic discs, and magnetic tape.  Paper documents may be scanned/digitized and stored for viewing electronically.</p></xhtmlContent></subsection>
<subsection type="retrievability"><xhtmlContent>
<p>Paper records are retrieved by name or VA claims file number or social security number of the Veteran, family member or caregiver.  Computer records are retrieved by name or social security number of the Veteran family member, caregiver, or VA claims file number of the Veteran.</p>

</xhtmlContent></subsection>
<subsection type="safeguards"><xhtmlContent>
<p> Working spaces and record storage areas at CBOPC are secured during all business and non-business hours.  All entrance doors require an electronic pass card for entry.  The CBOPC Logistics Department issues electronic pass cards.  CBOPC staff control visitor entry by door release and escort.  The building is equipped with an intrusion alarm system monitored by CBOPC security staff during business hours and by a security service vendor during non-business hours.  Electronic/Digital records are stored in an electronic controlled storage filing area.  Paper records in work areas are stored in locked file cabinets or locked rooms.  Access to record storage areas is restricted to VA employees on a "need-to-know" basis.  Access to the computer room is limited by appropriate locking devices and restricted to authorized VA employees and vendor personnel.  Automated Data Processing (ADP) peripheral devices are generally placed in secure areas or are otherwise protected.  Authorized VA employees may access information in the computer system by a series of individually unique passwords/codes.</p>

</xhtmlContent></subsection>
<subsection type="retentionAndDisposal"><xhtmlContent>
<p> Record Control Schedule (RCS) 10-1 item XXXVIII Civilian Health and Medical care (CHMC) Records.  NARA job number N1-015-3-1Item 1-8b.  (Master file) item 3, Destroy 6 years after all individuals in the record become ineligible for program benefits. </p>
</xhtmlContent></subsection>
<subsection type="systemManager"><xhtmlContent>
<p> Official responsible for policies and procedures: Chief Business Officer (10NB), Department of Veterans Affairs, Veterans Health Administration, VA Central Office, 810 Vermont Avenue, NW., Washington, DC 20420.  Official Maintaining the System: Deputy Chief Business Officer Purchased Care, Department of Veterans Affairs, P.O. Box 469060, Denver, CO 80246-9060.</p>

</xhtmlContent></subsection>
<subsection type="notificationProcedure"><xhtmlContent>
<p>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 record, should submit a written request to Chief Business Office Purchased Care, P.O. Box 469060, Denver, Colorado 80246-9060, or apply in person to the VHA Chief Business Office Purchased Care, 3773 Cherry Creek North Drive, Denver, Colorado 80209.  All inquiries (Veteran and beneficiary) should include the Veteranâ€™s full name and social security and VA claims file numbers, and the spouseâ€™s family member or caregiverâ€™s name, social security number and return address.</p>

</xhtmlContent></subsection>
<subsection type="recordAccessProcedures"><xhtmlContent>
<p>An individual who seeks access to records maintained under his or her name in this system may write or visit the Deputy Chief Business Officer, VHA CBO Purchased Care.</p>

</xhtmlContent></subsection>
<subsection type="contestingRecordProcedures"><xhtmlContent>
<p>(See Record Access Procedures above.)</p>

</xhtmlContent></subsection>
<subsection type="recordSourceCategories"><xhtmlContent>
<p>The Veteran sponsor, family member, caregiver, military service departments, private medical facilities and health care professionals, electronic trading partners, contractors, DoD, TRICARE, DEERS, other Federal agencies, VA Regional Offices, Veterans Benefits Administration (VBA) automated record systems, and VA Medical Centers. 
</p></xhtmlContent></subsection></section>
<section id="54VA16" toc="yes">
<systemNumber>54VA16</systemNumber>
<subsection type="systemName">Health Administration Center Civilian Health and Medical Program Records-VA
</subsection>
<subsection type="systemLocation"><xhtmlContent><p>Records are maintained at the Health Administration Center (HAC), 3773 Cherry Creek North
Drive, Denver, Colorado 80209.
</p></xhtmlContent></subsection>
<subsection type="categoriesOfIndividuals"><xhtmlContent><p>Categories of individuals covered by the system include the following:
</p><p>1. Dependents of veterans who seek health care under 38 U.S.C. 1781, 1802, 1803, 1813 and Public
Law 103-446, section 107.
</p><p>2. Veterans seeking health care services in a foreign country under 38 U.S.C. 1724.
</p><p>3. Veterans or dependents receiving community fee for service benefits at VA expense under Title
38 U.S.C 1703, 1725 and 1728.
</p><p>4. Health care providers treating individuals who receive care under 38 U.S.C. 1703, 1724, 1725,
1728, 1781, 1803, 1813, and Public Law 103-446 section 107.
</p></xhtmlContent></subsection>
<subsection type="categoriesOfRecords"><xhtmlContent><p>Records maintained in the system include medical benefit application and eligibility
information concerning the veteran and, when applicable, their spouse and/or dependent(s), other
health insurance information, correspondence concerning individuals and documents pertaining to
claims for medical services, information related to claims processing and third party liability
recovery actions taken by VA and/or TRICARE. The record may include the name, address and other
identifying information concerning health care providers, services provided, amounts claimed and
paid for health care services, medical records, and treatment and payment dates. Additional
information may include veteran, spouse and/or dependent identifying information (<i>e.g.</i>, name,
address, social security number, VA claims file number, date of birth), and military service
information concerning the veteran sponsor (<i>e.g.</i>, dates, branch and character of service,
medical information).
</p></xhtmlContent></subsection>
<subsection type="authorityForMaintenance"><xhtmlContent><p>Title 38, United States Code, sections 501(a), 501(b), 1703, 1724, 1725, 1728, 1781, 1802,
1803, 1813, and Public Law 103-446 section 107.
</p></xhtmlContent></subsection>
<subsection type="purpose"><xhtmlContent><p>Records may be used for purposes of establishing and monitoring eligibility to receive VA
benefits and processing medical claims for payment for eligible beneficiaries and veterans.
</p></xhtmlContent></subsection>
<subsection type="routineUsesOfRecords"><xhtmlContent><p>To the extent that records contained in the system include information protected by 45 CFR
Parts 160 and 164, <i>i.e.</i>, individually identifiable health information, and 38 U.S.C. 7332, <i
>i.e.</i>, 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 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.
</p><p>1. Eligibility and claim information from this system of records may be disclosed verbally or in
writing. For example, disclosure may be made via correspondence, call service center or by
interactive Web page, in response to an inquiry made by the claimant, claimant's guardian,
claimant's next of kin or person with whom the claimant has a meaningful relationship, health care
provider, trading partner or contractor. Purposes of these disclosures are to assist the provider or
claimant in obtaining reimbursement for claimed medical services, to facilitate billing processes,
to verify beneficiary eligibility for requested services, and to provide payment information
regarding claimed services. Eligibility or entitlement information disclosed may include the name,
authorization number (social security number), effective dates of eligibility, reasons for any
period of ineligibility, and other health insurance information of the named individual. Claim
information disclosed may include payment information such as payment identification number, date of
payment, date of service, amount billed, amount paid, name of payee, or reasons for non-payment.
</p><p>2. Statistical and other data to Federal, State, and local government agencies and national
health organizations to assist in the development of programs that will be beneficial to health care
recipients, to protect their rights under the law, and to ensure that they are receiving all health
benefits to which they are entitled.
</p><p>3. VA may disclose on its own initiative any information in this system, except the names and
home addresses of veterans and their dependents, which is relevant to a suspected 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, 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. On its own initiative, VA may also disclose 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, rule or order issued pursuant thereto.
</p><p>4. A record from this system of records may be disclosed to a Federal agency upon its request for
use in the issuance of a security clearance, the investigation of an employee, the letting of a
contract, or the issuance of a license, grant or other benefit by the requesting agency, to the
extent that the information is relevant and necessary to the requesting Agency's decision on the
matter.
</p><p>5. Disclosure may be made to a congressional office from the record of an individual in response
to an inquiry from the congressional office made at the request of that individual.
</p><p>6. Disclosure may be made to National Archives and Records Administration and to General Services
Administration in records management inspections conducted under authority of 44 U.S.C.
</p><p>7. Any relevant information in this system of records may be disclosed to attorneys, insurance
companies, employers, and to courts, boards, or commissions; such disclosures may be made only to
the extent necessary to aid the VA in preparation, presentation, and prosecution of claims
authorized under Federal, State, or local laws, and regulations promulgated thereunder.
</p><p>8. Any information in this system of records may be disclosed to the United States Department of
Justice or United States Attorneys in order to prosecute or defend litigation involving or
pertaining to the United States, or in which the United States has an interest.
</p><p>9. Any information in this system of records may be disclosed to a Federal agency or party to an
administrative proceeding being conducted by a Federal agency, in order for VA to respond to and
comply with the issuance of an order by that Federal agency requiring production of the information.
</p><p>10. Any information in this system of records may be disclosed to a State or municipal grand
jury, a State or municipal court or a 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, provided that any disclosure of claimant information made under this routine use must comply
with the provisions of 38 CFR 1.511.
</p><p>11. Any information concerning the claimant's indebtedness to the United States by virtue of a
person's participation in a benefits program administered by VA, including personal information
obtained from other Federal agencies through computer matching programs, may be disclosed to any
third party, except consumer reporting agencies, in connection with any proceeding for the
collection of any amount owed to the United States. Purposes of these disclosures may be to assist
VA in collection of costs of services provided individuals not entitled to such services and to
initiate legal actions for prosecuting individuals who willfully or fraudulently obtain Title 38
benefits without entitlement. This disclosure is consistent with 38 U.S.C. 5701(b)(6).
</p><p>12. Any relevant information from this system of records may be disclosed to TRICARE, the
Department of Defense (DoD) and the Defense Eligibility Enrollment Reporting System (DEERS) to the
extent necessary to determine eligibility for the Civilian Health and Medical Program of the
Department of Veterans Affairs (CHAMPVA) or TRICARE benefits, to develop and process CHAMPVA or
TRICARE claims, and to develop cost-recovery actions for claims involving individuals not eligible
for the services or claims involving potential third party liability.
</p><p>13. The name and address of a veteran or dependent, and other information as is reasonably
necessary to identify such individual, may be disclosed to a consumer reporting agency for the
purpose of locating the individual or obtaining a consumer report to determine the ability of the
individual to repay an indebtedness to the United States by virtue of the individual's participation
in a benefits program administered by VA, provided that the requirements of 38 U.S.C. 5701(g)(2)
have been met.
</p><p>14. The name and address of a veteran or dependent, and other information as is reasonably
necessary to identify such individual, including personal information obtained from other Federal
agencies through computer matching programs, and any information concerning the individual's
indebtedness to the United States by virtue of the individual's participation in a benefits program
administered by VA, may be disclosed to a consumer reporting agency for purposes of assisting in the
collection of such indebtedness, provided that the requirements of 38 U.S.C. 5701(g)(4) have been
met.
</p><p>15. In response to an inquiry about a named individual from a member of the general public,
disclosure of information may be made from this system of records to report the amount of VA
monetary benefits being received by the individual. This disclosure is consistent with 38 U.S.C.
5701(c)(1).
</p><p>16. The name and address of a veteran or dependent may be disclosed to another Federal agency or
to a contractor of that agency, at the written request of the head of that agency or designee of the
head of that agency, for the purpose of conducting government research necessary to accomplish a
statutory purpose of that agency.
</p><p>17. Any information in this system of records relevant to a claim of a veteran or dependent, such
as the name, address, the basis and nature of a claim, amount of benefit payment information,
medical information and military service and active duty separation information may be disclosed at
the request of the claimant to accredited service organizations, VA approved claim agents and
attorneys acting under a declaration of representation, so that these individuals can aid claimants
in the preparation, presentation and prosecution of claims under the laws administered by VA. The
name and address of a claimant will not, however, be disclosed to these individuals under this
routine use if the claimant has not requested the assistance of the accredited service organization,
claims agent or an attorney.
</p><p>18. Any information in this system, including medical information, the basis and nature of claim,
the amount of benefits and personal information may be disclosed to a VA Federal fiduciary or a
guardian ad litem in relation to his or her representation of a claimant only to the extent
necessary to fulfill the duties of the VA Federal fiduciary or the guardian ad litem.
</p><p>19. The individual's name, address, social security number and the amount (excluding interest) of
any indebtedness which is waived under 38 U.S.C. 3102, compromised under 4 CFR Part 103, otherwise
forgiven, or for which the applicable statute of limitations for enforcing collection has expired,
may be disclosed to the Treasury Department, Internal Revenue Service, as a report of income under
26 U.S.C. 61(a)(12).
</p><p>20. The name of a veteran or dependent, other information as is reasonably necessary to identify
such individual, and any other information concerning the individual's indebtedness by virtue of a
person's participation in a benefits program administered by VA, may be disclosed to the Treasury
Department, Internal Revenue Service, for the collection of Title 38, U.S.C. benefit overpayments,
overdue indebtedness, and/or costs of services provided to an individual not entitled to such
services, by the withholding of all or a portion of the person's Federal income tax refund.
</p><p>21. The name, date of birth and social security number of a veteran, spouse or dependent, and
other identifying information as is reasonably necessary may be disclosed to Social Security
Administration and Centers for Medicare &amp; Medicaid Services, Department of Health and Human
Services, for the purpose of validating social security numbers and Medicare information.
</p><p>22. The name and address of any health care provider in this system of records who has received
payment for claimed services on behalf of a veteran and beneficiary may be disclosed in response to
an inquiry from a member of the general public who requests assistance in locating medical providers
who accept VA payment for health care services.
</p><p>23. Relevant information from this system of records may be disclosed to individuals,
organizations, private or public agencies, <i>etc.,</i> with whom VA has a contract or agreement 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.
</p><p>24. Relevant information from this system of records may be disclosed to an accrediting Quality
Review and Peer Review Organization in connection with the review of claims or other review
activities associated with VA Health Administration Center accreditation to professionally accepted
claims processing standards.
</p><p>25. Identifying information, including social security number, of veterans, spouse(s) of
veterans, and dependents of veterans, may be disclosed to other Federal agencies for purposes of
conducting computer matches, to obtain information to determine or verify eligibility of veterans
who are receiving VA medical care under relevant sections of Title 38, U.S.C.
</p><p>26. 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.
</p><p>27. 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.
</p></xhtmlContent></subsection>
<subsection type="policiesAndPractices"><xhtmlContent><p>Storage:</p>
<p>Records are stored electronically, in paper folders, magnetic discs, and magnetic tape.
Paper documents may be scanned/digitized and stored for viewing electronically.
</p></xhtmlContent></subsection>
<subsection type="retrievability"><xhtmlContent><p>Paper records are retrieved by name or VA claims file number or social security number of
the veteran sponsor. Computer records are retrieved by name or social security number of the veteran
sponsor, spouse, and/or dependent, or VA claims file number of the veteran sponsor.
</p></xhtmlContent></subsection>
<subsection type="safeguards"><xhtmlContent><p>Working spaces and record storage areas at HAC are secured during all business and non-
business hours. All entrance doors require an electronic pass card for entry. The HAC Security
Officer issues electronic pass cards. HAC staff control visitor entry by door release and escort.
The building is equipped with an intrusion alarm system monitored by HAC security staff during
business hours and by a security service vendor during non-business hours. Electronic/Digital
records are stored in an electronic controlled storage filing area. Paper records in work areas are
stored in locked file cabinets or locked rooms. Access to record storage areas is restricted to VA
employees on a "need-to-know" basis. Access to the computer room is generally limited by
appropriate locking devices and restricted to authorized VA employees and vendor personnel.
Automated Data Processing (ADP) peripheral devices are generally placed in secure areas or are
otherwise protected. Authorized VA employees may access information in the computer system by a
series of individually unique passwords/codes.
</p></xhtmlContent></subsection>
<subsection type="retentionAndDisposal"><xhtmlContent><p>Records are maintained and disposed of in accordance with record disposition authority
approved by the Archivist of the United States. Paper records that are scanned and digitized for
viewing electronically are destroyed after they have been scanned onto optical disks, and the
electronic copy determined to be an accurate and complete copy of the paper record scanned.
</p></xhtmlContent></subsection>
<subsection type="systemManager"><xhtmlContent><p>Official responsible for policies and procedures: Chief Business Officer (16), Department of
Veterans Affairs, Veterans Health Administration, VA Central Office, 810 Vermont Avenue, NW.,
Washington, DC 20420. Official Maintaining the System: Director, Health Administration Center,
Department of Veterans Affairs, P.O. Box 469060, Denver, CO 80246-9060.
</p></xhtmlContent></subsection>
<subsection type="notificationProcedure"><xhtmlContent><p>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
record, should submit a written request to Director, VA Health Administration Center, P.O. Box
469060, Denver, Colorado 80246-9060, or apply in person to the Director, VA Health
Administration Center, 3773 Cherry Creek North Drive, Colorado 80209. Inquiries should include the
veteran sponsor's full name and social security and VA claims file numbers, and the spouse or
dependent's name, social security number and return address.
</p></xhtmlContent></subsection>
<subsection type="recordAccessProcedures"><xhtmlContent><p>An individual who seeks access to records maintained under his or her name in this system
may write or visit the Director, VA Health Administration Center.
</p></xhtmlContent></subsection>
<subsection type="contestingRecordProcedures"><xhtmlContent><p>(<i>See</i> Record Access Procedures above.)
</p></xhtmlContent></subsection>
<subsection type="recordSourceCategories"><xhtmlContent><p>The veteran sponsor, spouse and/or dependent, military service departments, private medical
facilities and health care professionals, electronic trading partners, contractors, DoD, TRICARE,
DEERS, other Federal agencies, VA Regional Offices, Veterans Benefits Administration (VBA) automated
record systems, and VA Medical Centers.
</p></xhtmlContent></subsection></section>
<section id="55VA26" toc="yes">
<systemNumber>55VA26</systemNumber>
<subsection type="systemName">Loan Guaranty Home, Condominium and Manufactured Home Loan Applicants Records, Specially Adapted Housing Applicant Records and Vendee Loan Applicant Recordsâ€"VA.
</subsection>
<subsection type="systemLocation"><xhtmlContent><p>Records are maintained at the VA Central Office, the regional offices, medical and regional
office centers, VA offices and VA data processing centers. These records generally will be
maintained by the regional office, medical and regional office center or VA office having
jurisdiction over the geographic area in which the property securing a VA guaranteed, insured or
direct loan or on which a specially adapted housing grant has been issued is located and at the
Servicing Data Processing Centers at Hines, Illinois; Austin, Texas; and St. Paul, Minnesota.
Records may be temporarily transferred between fields stations or to VA Central Office for necessary
appeals, reviews, or quality control reviews. Address locations are listed in VA Appendix I. Records
provided to the Department of Housing and Urban Development (HUD) for inclusion on its Credit Alert
Interactive Voice Response System (CAIVRS) are located at a data processing center under contract to
HUD at Reston, Virginia.
</p></xhtmlContent></subsection>
<subsection type="categoriesOfIndividuals"><xhtmlContent><p>The following categories of individuals will be covered by this system: (1) Disabled
veterans who have applied for and received specially adapted housing assistance under title 38,
United States Code, chapter 21; (2) veterans, their spouses or unmarried surviving spouses who have
applied for and received VA housing credit assistance under title 38, United States Code, chapter
37; (3) person(s) applying to purchase VA owned properties (vendee loans); (4) transferee owners of
properties encumbered by a VA-guaranteed, insured, direct or vendee loan (e.g., individuals who have
assumed a VA-guaranteed loan and those who have purchased property directly from the VA); and (5)
individuals other than those identified above who may have applied for loan guaranty benefits.
</p></xhtmlContent></subsection>
<subsection type="categoriesOfRecords"><xhtmlContent><p>Records (or information contained in records) may include the following: (1) Military
service information from a veteran's discharge certificate (DD Form 214, 215) which specifies name,
service number, date of birth, rank, period of service, length of service, branch of service, pay
grade, and other information relating to a veteran's military service (e.g., character of service,
assigned separation reason code, whether a veteran is out of the service); (2) medical records
containing specific information regarding a veteran's physical disability (e.g., blindness,
paraplegic condition, loss of limbs) which is used to determine eligibility and need for specially
adapted housing. Adjudication records relating to: (a) Medical determinations by the VA that a
veteran is eligible and needs specially adapted housing; or (b) VA determinations on whether a
veteran who has received an other than honorable discharge should be eligible for VA credit
assistance benefits; (3) applications for certificates of eligibility (these applications generally
contain information from a veteran's military service records except for character of discharge);
(4) applications for FHA veterans' low-downpayment loans (these applications generally contain
information from a veteran's military service records including whether or not a veteran is in the
service); (5) applications for a guaranteed or direct loan, applications for release of liability,
applications for substitutions of VA entitlement and applications for specially adapted housing
(these applications generally contain information relating to employment, income, credit, personal
data; e.g., social security number, marital status, number and identity of dependents; assets and
liabilities at financial institutions, profitability data concerning business of self-employed
individuals, information relating to an individual veteran's loan account and payment history on a
VA-guaranteed, direct, or vendee loan on an acquired property, medical information when specially
adapted housing is sought, and information regarding whether a veteran owes a debt to the United
States) and may be accompanied by other supporting documents which contain the above information;
(6) applications for the purchase of a VA acquired property (e.g., vendee loans--these
applications generally contain personal and business information on a prospective purchaser such as
social security number, credit, income, employment history, payment history, business references,
personal information and other financial obligations and may be accompanied by other supporting
documents which contain the above information); (7) loan instruments including deeds, notes,
installment sales contracts, and mortgages; (8) property management information; e.g., condition and
value of property, inspection reports, certificates of reasonable value, correspondence and other
information regarding the condition of the property (occupied, vandalized), and a legal description
of the property; (9) information regarding VA loan servicing activities regarding default,
repossession and foreclosure procedures, assumability of loans, payment of taxes and insurance,
filing of judgments (liens) with State or local authorities and other related matters in connection
with active and/or foreclosed loans; and (10) information regarding the status of a loan (i.e.,
approved, pending or rejected by the VA).
</p></xhtmlContent></subsection>
<subsection type="authorityForMaintenance"><xhtmlContent><p>Title 38, United States Code, chapter 3, section 210(c)(1); title 38, United States Code,
chapters 21 and 37.
</p></xhtmlContent></subsection>
<subsection type="routineUsesOfRecords"><xhtmlContent><p>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 record
on behalf of and at the request of that individual.
</p><p>2. Any information in this system, except for 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, rule, regulation or order issued pursuant thereto.
</p><p>3. 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.
</p><p>4. 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 government 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.
</p><p>5. Any information in this system, such as the name and address of a veteran or the veteran's
spouse, and the property address may be disclosed to credit reporting agencies, companies extending
credit, depository institutions, utility companies, investors, insurance companies, governmental
agencies, lenders, and employers to enable such parties to provide the VA with information regarding
income, credit, assets and liabilities information on applicants, mortgagors, or obligors and to
provide the VA with information regarding the status of obligations, payment records, employment
histories, assets for closing fees and other assets and liabilities.
</p><p>6. Information on the application for a guaranteed or direct loan, and on the certificate of
reasonable value and information verifying an applicant's employment and/or amount of deposit in a
financial institution, may be disclosed to a prospective mortgagee proposing to make a guaranteed
loan on the veteran applicant's behalf.
</p><p>7. Information regarding the status (i.e., approved, pending, or rejected) or an application for
VA loan benefits or for a loan account and the reasons for rejection may be disclosed to a
prospective lender. When the VA has rejected a loan application, the information disclosed may
include information from another VA record such as a debt which the veteran owes to the United
States or information from a claims file relating to a veteran's ability to discharge an obligation.
</p><p>8. Only the fact that the loan has been approved, rejected, or is pending may be disclosed to a
seller, a spouse of a seller, or the spouse of the veteran-applicant who is an actual party in
interest to the guaranteed, insured or direct loan transaction in order to inform such party of the
status of the loan application. However, a statement of the reason for rejection of the loan may
also be provided to the spouse of the veteran-applicant, if the spouse is a joint applicant for the
loan or would be jointly liable on the loan.
</p><p>9. Any information on the application for a VA-acquired property (vendee loan) concerning a
prospective purchaser may be disclosed to a broker aiding in the sale of a VA-acquired property in
order that the broker may assist the prospective purchaser in completing his or her application.
Such information may include an explanation of specific loan document discrepancies or specific
information on income or credit.
</p><p>10. Information on the status (i.e., the payment record), of a guaranteed, insured, direct, or
VA-acquired property (vendee) loan account(s) may be disclosed to persons or organizations extending
credit or providing services or other benefits to the obligor, or persons or organizations
considering the extension of credit, services or other benefits to the potential obligor provided
the name, address, or other information necessary to identify the obligor is given beforehand by the
requester.
</p><p>11. The name and address of an obligor (e.g., an individual who has obtained a VA-guaranteed loan
or purchased a VA property), and the account number (insurance, tax number) may be disclosed to
hazard insurance companies and real estate taxing authorities to obtain billings and to authorize
payments of such obligations as they become due from the direct and vendee (portfolio) loan escrow
accounts.
</p><p>12. Information as to the acceptability or nonacceptability of a prospective purchaser preparing
to assume liability to VA under a mortgage contract or of a prospective purchaser preparing to
substitute loan guaranty entitlement for the party presently obligated may be disclosed to parties
presently liable on a VA loan, loan guaranty or loan insurance agreement. In addition, the
acceptability or nonacceptability of a transferee owner may be disclosed to parties presently liable
on a VA loan, loan guaranty or loan insurance agreement, for the purpose of releasing the original
veteran borrower, or a veteran who substituted loan guaranty entitlement for the original veteran
borrower, from liability. The reason(s) for nonacceptability of the prospective loan assumer or
transferee or of a purchaser/transferee (e.g. poor credit history, insufficient income and/or debts
owed the U.S.) may also be disclosed to parties presently liable on a VA loan, loan guaranty or loan
insurance agreement in order to inform the parties presently liable of the reasons for the
nonacceptability.
</p><p>13. Information on the default status of a delinquent loan account (e.g., amount of payments in
arrears, number of months in arrears, what efforts the VA has taken to service the loan, condition
of the property, repayment schedule, and total amount of debt) may be disclosed to prior owners
remaining contingently liable for indebtedness to permit prior owners to take necessary action(s) to
protect their interest where loan liquidation is indicated and to prevent a possible debt to the
Government which may be placed against the prior owner.
</p><p>14. Any information in this system such as current obligor, prior obligors, debt outstanding,
current credit reports containing an obligor's name and address and date(s) and cause of the
default, and loan account information (e.g., loan account number, property condition, legal
description, date loan issued, amount of loan and amount in arrears) may be disclosed to the U.S.
Department of Justice or United States Attorneys in order for the Department of Justice of U.S.
Attorneys to liquidate a defaulted loan by judicial process, and take title on the foreclosed
property in accordance with State law. Any information in this system may also be disclosed to the
Department of Justice or U.S. Attorneys in order for the foregoing parties to prosecute or defend
litigation involving or pertaining to the United States. Any relevant information in this system may
also be disclosed to other Federal agencies upon their request in connection with review of
administrative tort claims and potential tort claims filed under the Federal Tort Claims Act, 28
U.S.C. 2672, the Military Claims Act, 10 U.S.C. 2733, and other similar claims statutes.
</p><p>15. Loan account information (e.g., loan account number, property condition, legal description of
property, date loan issued, amount of loan and amount in arrears), current credit reports containing
name and address of an obligor and the cause and date(s) of default may be disclosed to the General
Accounting Office (GAO) to enable the GAO to pursue necessary collection activities and obtain a
judgment against the obligor(s).
</p><p>16. Any information in a direct or vendee loan account record may be disclosed to active
investors purchasing or considering the purchase of VA direct or vendee loans from VA or from a
previous investor. Such information will be furnished to active prospective investors to provide a
basis for their submitting an offer to purchase loans and to actual investors in order that they may
establish loan accounts on purchased loans. Such information may also be disclosed to financial
advisors to assist VA in developing strategies for marketing these loans, and to investment bankers,
bond rating agencies, other government agencies, private mortgage insurance companies, bonding
companies, master servicers, and others involved in the marketing or sale of vendee loans, including
legal counsel, accountants and auditors for such entities.
</p><p>17. Any information in this system, including the nature and amount of a financial obligation,
may be disclosed to a debtor's Federal employing agency or commanding officer so that the debtor-
employee may be counseled by his or her Federal employer or commanding officer and to assist in the
collection of unpaid financial obligations owed the U.S. This purpose is consistent with 5 U.S.C
5514, 4 CFR 102.5, and section 206 of Executive Order 11222 of May 8, 1965 (30 FR 6469).
</p><p>18. Any information in this system may be disclosed to a guardian ad litem in relation to the
guardian's representation of a veteran in any legal or administrative proceeding so long as the
disclosure is for the benefit of the veteran.
</p><p>19. Any information in this system such as available identifying information regarding the
debtor(s), name of debtor(s) spouse, social security account number of debtor(s), VA insurance
number(s), VA loan number(s), VA claim number(s), place(s) of birth and date(s) of birth of
debtor(s), name(s) and address(es) of debtor(s) employer(s), and dates of employment may be
disclosed to other Federal agencies, State probate courts, State drivers license bureaus, and State
automobile title and license bureaus in order for the VA to obtain current name, address, locator
and credit report assistance in the collection of unpaid financial obligations owed to the United
States. This purpose is consistent with the Federal Claims Collection Act of 1966 (Pub. L. 89-
508, 31 U.S.C. 951-953 and 4 CFR parts 101-105), and the disclosure is authorized by 38
U.S.C. 3301(b)(6).
</p><p>20. Any information in this system, such as a loan applicant's or a defaulted obligor's (i.e., a
defaulted obligor is an individual that has not performed one or more of the required obligations
under the terms of the loan instruments) name and address, property address, balance of debt, amount
of debt owed per month, loan account number, credit reports and reasons for notice to quit, may be
disclosed to fee attorneys, fee appraisers, management brokers, process servers, subordinate
lienholders, title companies, and abstractors for the purposes of loan approval or loan termination
of direct or vendee loans by judicial or nonjudicial means, to obtain possession of VA property in
cases of default or Foreclosure to issue and post Demands for Possession or Notices to Quit, to file
judgments (liens) in accordance with State and local law and to carry out all other necessary VA
program responsibilities. VA fee attorneys may disclose record information contained therein to
title insurance companies and title agents, for Trustee's sale advertisements, and to subordinate
lienholders. This disclosure authority by VA fee attorneys is consistent with 38 U.S.C. 3301 (e) and
(h).
</p><p>21. An obligor's social security number and other information regarding the filing of judgments
(liens) may be disclosed to appropriate State and local authorities in order to conform to State and
local law requirements and to assist the VA and State and local authorities in identifying VA
judgment debtors on State and local judgment records. This disclosure is consistent with 38 U.S.C.
3301(b)(6).
</p><p>22. Any information in this system relating to the adjudication of incompetency of a veteran
either by a court of competent jurisdiction or by the VA may be disclosed to a lender or prospective
lender extending credit or proposing to extend credit on behalf of a veteran in order for the VA to
protect incompetent veterans from entering into unsound financial transactions which might deplete
the resources of the veteran and to protect the interests of the Government giving credit assistance
to a veteran.
</p><p>23. 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.
</p><p>24. Any information in this system may be disclosed to a State or municipal court or a party in
litigation; or to a State or municipal grand jury, a State or municipal administrative agency
functioning in a quasi-jurdicial 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 made under this routine use must comply with
the provisions of 38 CFR 1.511.
</p><p>25. Any information concerning the veteran's indebtedness to the United States by virtue of a
person's participation in a benefits program administered by the VA, including personal information
obtained from other Federal agencies through computer matching programs, may be disclosed to any
third party, except consumer reporting agencies, in connection with any proceeding for the
collection of any amount owed to the United States. Purposes of these disclosures may be (a) to
assist the VA in collection of title 38 benefit overpayments, overdue indebtedness, and/or costs of
services provided individuals not entitled to such services, and (b) to initiate legal actions for
prosecuting individuals who willfully or fraudulently obtained title 38 benefits without
entitlement. This disclosure is consistent with 38 U.S.C. 3301(b)(6).
</p><p>26. The name and address of an obligor, other information as is reasonably necessary to identify
such person, including personal information obtained from other Federal agencies through computer
matching programs, and any information concerning such person's delinquency or default on a loan
made or guaranteed by the VA may be disclosed to a consumer reporting agency for purposes of
reporting delinquencies, defaults and indebtedness and assisting in the collection of such
indebtness, provided that the provisions of 38 U.S.C. 3301(g)(4) have been met.
</p><p>27. Any information in this system, except for the name and address of a veteran, may be
disclosed to a Federal agency in order for the VA to obtain information relevant to the making,
insuring, or guaranteeing of a loan under chapter 37 of title 38 U.S.C. The name and address of a
veteran may be disclosed to a Federal agency under this routine use if they are required by the
Federal agency to respond to the VA inquiry.
</p><p>28. The name of a veteran, or other beneficiary, other information as is reasonably necessary to
identify such individual, and any other information concerning the individual's indebtedness by
virtue of a person's participation in a benefits program administered by the VA, may be disclosed to
the Treasury Department, Internal Revenue Service, for the collection of Title 38, U.S.C. benefit
overpayments, overdue indebtedness, and/or costs of services provided to an individual not entitled
to such services, by the withholding of all or a portion of the person's Federal income tax refund.
</p><p>29. Any information in the system may be disclosed to the Department of the Treasury, Internal
Revenue Service, where required by law, including the borrower's name, address, social security or
taxpayer identification number, amount of interest paid, and informaiton relating to any abandonment
or foreclosure of a property.
</p><p>30. Any information on a property which has been acquired by VA such as loan number, property
address, property survey, title limitations/policy, termite inspections, existing warranties,
repairs made by VA and items still requiring repair, and dues payable to and services provided by
homeowner or condominum associations may be disclosed to prospective purchasers and their
representatives in order to assist VA in the timely disposal of its acquired preperties. Such
information may include the name of the purchaser and purchaser's sales agent, price and terms of
the successful offeror's, along with the reason(s) for selecting such offer over any other competing
offer.
</p><p>31. Any information in the system may be disclosed to the lender or holder of a VA guaranteed
loan, or their attorneys, in support of a decision by VA to reject a claim under guaranty, demand
reimbursement for a claim previously paid, or in the course of settlement negotiations. When a
demand for reimbursement will be made against a party other than the lender or holder, such as the
real estate broker, fee appraiser or seller of the property, the information may be disclosed to the
party and its attorneys.
</p><p>32. The social security number and loan account number of all persons with VA-guaranteed and
portfolio loans which fall under one of the following categories: (a) The accounts are not current;
(b) there has been a foreclosure; or (c) the Department has paid a claim, may be provided to the
Department of Housing and Urban Development for inclusion in its Credit Alert Interactive Voice
Response System (CAIVRS). Information included in this system may be disclosed to all participating
agencies and lenders who participate in the agencies' programs to enable them to verify information
provided by new loan applicants and evaluate the creditworthiness of applicants. These records may
also be disclosed as part of an ongoing computer matching program to accomplish these purposes.
</p><p>33. Relevant loan guaranty record information may be disclosed to any individual, organization,
or other entity with whom VA has a contract or agreement under which that entity will perform
services to assist VA in the administration of the Loan Guaranty Program. The information that may
be disclosed under this routine use is limited to that which is necessary to permit the contractor
to perform the services required under the contract or agreement.
</p><p>34. Any information in this system may be disclosed to an active VA lender, lender's agent,
mortgage broker, or otherprogram participant in response to a request from that individual or entity
if that information is necessary in connection with the origination of a VA-guaranteed Interest Rate
Reduction Refinancing Loan (RRL). In order to obtain to information under this routine use, the
party requesting the information must establish the fact that it is a participant in the VA home
loan program through the use of a VA lender identification number. The requester must also provide
the veteran's name and social security number and the month and eyar of the loan being refinanced or
the 12-digit VA loan number.
</p><p>35. Any information in this system may be disclosed to a servicemember's commanding officer or
designee if VA determines that sharing this information is necessary in order to reach a
servicemember who has otherwise not responded to VA to attempt to assist in curing a default or
resolving a foreclosure or eviction of a VA-guaranteed or direct loan.
</p></xhtmlContent></subsection>
<subsection type="policiesAndPractices"><xhtmlContent><p>Storage:</p>
<p>VA-guaranteed, insured, direct and vendee loan records are maintained in individual folders on paper documents, on automated storage media (i.e, microfilm, microfiche, magnetic tape and magnetic disks), and on electronically scanned documents.
</p></xhtmlContent></subsection>
<subsection type="retrievability"><xhtmlContent><p>All VA loan applications and loan records are indexed by name and VA loan file number in the
local VA office having jurisdiction over the geographic area in which the property is located.
Automated records are indexed for statistical purposes by a file number, field station and county
code number and lender identification number. However, an individual loan record in automated format
may only be retrieved by name or loan number. Records in CAIVRS may only be retrieved by social
security number.
</p></xhtmlContent></subsection>
<subsection type="safeguards"><xhtmlContent><p>Access to VA working spaces and record file storage areas is restricted to VA employees on a
"need to know" basis. Generally, VA file areas are locked after normal duty hours and are protected
from outside access by the Federal Protective Service or other VA security personnel. Loan and
property security instruments are stored in separate fire resistant locked files. VA employee loan
file records and other files which, in the opinion of VA, are, or may become, sensitive are stored
in separate locked files.
</p><p>Information in the system may be accessed from authorized terminals in the VA telecommunications
network. Terminal locations include VA Central Office and regional offices. Access to terminals is
by authorization controlled by the site security officer. The security officer is assigned
responsibility for privacy-security measures, especially for review of violations logs, information
logs and control of password and badge readers and audible alarms. Electronic keyboard locks are
activated on security errors. Also, beginning in 1986, sensitive files were established using the
social security numbers of the VA Veterans Benefits Administration employees and other prominent
individuals to prevent indiscriminate access to their automated records.
</p><p>At the data processing centers, identification of magnetic tape and disks containing data is
rigidly enforced using labeling techniques. Automated storage media which are not in use are stored
in tape libraries which are secured in locked rooms. Access to programs is controlled at three
levels: Programming, auditing, and operations. Access to data processing centers is generally
restricted to center employees, custodial personnel, Federal Protective Service and other security
personnel. Access to computer rooms is restricted to authorized operational personnel through
electronic locking devices. All other persons gaining access to computer rooms are escorted.
</p><p>Access to the data processing center where HUD maintains CAIVRS is generally restricted to center
employees, authorized HUD employees and authorized subcontractors. Access to computer rooms is
restricted to authorized operational personnel through electronic locking devices. All other persons
gaining access to computer rooms are escorted.
</p><p>Files in CAIVRS use social security numbers as identifiers. Access to information in files is
restricted to authorized employees of participating agencies and authorized employees of lenders who
participate in the agencies' programs. Access is controlled by agency distribution of passwords.
Information in the system may be accessed by use of a touchtone telephone by authorized agency and
lender employees on a "need to know" basis.
</p><p>A VA-approved, active VA lender, lender's agent, mortgage broker, or other program participant
may botain access to the computerized VA system maintaining this system of records for the purpose
of learning whether an applicant for a VA-guaranteed loan under the following circumstances. The
lender must log on to the system using the unique 10-digit lender identification number assigned by
VA and a unique password. The lender also must enter information identifying the specific veteran
for whom the IRRRL lender seeks information, including the veteran's name, social security number
and other identifying information, such as the 12-digit loan number for the veteran's current VA-
guaranteed loan or the month and year of the loan.
</p></xhtmlContent></subsection>
<subsection type="retentionAndDisposal"><xhtmlContent><p>Records in individualized case folder concerning active VA guaranteed or insured loans are
retained at the VA servicing facility for up to three years and forwarded to the Federal Archives
and Records Center (FARC) where they are retained up to thirty-three years and then destroyed.
Active direct loan case folders are retained at the VA servicing facility until the case becomes
inactive, e.g., existing loan balance is paid in full.
</p><p>Inactive guaranteed and direct loan folders are forwarded to the FARC annually, retained for five
years and then destroyed. Vendee loan records being maintained in case folders are kept at the VA
servicing facility until five years after the case becomes inactive and are then destroyed.
Specially adapted housing (SAH) records are maintained either at VA Central Office (VACO) and/or the
VA servicing facility. Once SAH records are closed, SAH records at VACO are maintained for one year
and then sent to the FARC where they are retained for thirty years and then destroyed. Closed SAH
records maintained at regional offices are maintained for ten years and then destroyed. Generally,
automated records (e.g., computer lists, discs, and microfiche) are maintained for up to five years
and then destroyed. Destruction of records is accomplished by shredding, burning, and/or erasure.
</p><p>File information for CAIVRS is provided to HUD by VA on magnetic tape. After information from the
tape has been read into the computer the tape is returned to VA for updating. HUD does not keep
separate copies of the tape.
</p></xhtmlContent></subsection>
<subsection type="systemManager"><xhtmlContent><p>Director, Loan Guaranty Service (26), VA Central Office, Washington, DC 20420.
</p></xhtmlContent></subsection>
<subsection type="notificationProcedure"><xhtmlContent><p>An 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 record
should submit a written request or apply in person to the nearest Veterans Administration regional
office or center. Addresses for VA regional offices and centers may be found in VA Appendix 1 at the
end of this document. All inquiries must reasonably identify the benefit or system of records
involved, i.e.; Loan Guaranty. Inquiries should include the individual's full name, VA file number
or loan number. If the VA file or loan number is not available, then as much of the following
information as possible should be forwarded: Address of the property secured by a VA-guaranteed,
insured or portfolio loan, owner or former owners of the property, name of lender and lender's loan
number, branch of service, service number or social security number. Some of the records in this
system are exempt from the notification requirement under 5 U.S.C. 552a(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.
</p></xhtmlContent></subsection>
<subsection type="recordAccessProcedures"><xhtmlContent><p>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 nearest Veterans Administration regional office or
center. Address locations are listed in VA Appendix 1 at the end of this document. However, some of
the records in this system are exempt from the record access and contesting requirements under 5
U.S.C. 552a(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.
</p></xhtmlContent></subsection>
<subsection type="contestingRecordProcedures"><xhtmlContent><p>(See Record access procedures above.)
</p></xhtmlContent></subsection>
<subsection type="recordSourceCategories"><xhtmlContent><p>The VA records in this system are obtained from the applicant, lenders, brokers and
builder/sellers, an applicant's credit sources, depository institutions and employers, hazard
insurance companies, taxing authorities, title companies, fee personnel, other VA records, other
Federal, State and local agencies, and other parties of interest involving VA-guaranteed, insured,
vendee or direct loans or specially adapted housing.
</p></xhtmlContent></subsection>
<subsection type="systemsExempted"><xhtmlContent><p>The Administrator of Veterans Affairs has exempted this system of records from the following
provisions of the Privacy Act of 1974, as permitted by 5 U.S.C. 552a(k)(2).
</p><p>5 U.S.C. 552a(c)(3)
</p><p>5 U.S.C. 552a(d)
</p><p>5 U.S.C. 552a(e)(1)
</p><p>5 U.S.C. 552a(e)(4)(G), (H) and (I)
</p><p>5 U.S.C. 552a(f)
</p><p>Reasons for exemptions: The exemption of information and material in this system fo records is
necessary in order to accomplish the law enforcement functions of the Loan Guaranty Service to
prevent subjects of internal audit investigations for potential fraud and abuse in the VA Loan
Guaranty Program from frustrating the investigatory process, to fulfill commitments made to protect
the confidentiality of sources, to maintain access to sources of information and to avoid
endangering these sources.
</p></xhtmlContent></subsection></section>
<section id="57VA135" toc="yes">
<systemNumber>57VA135</systemNumber>
<subsection type="systemName">Voluntary Service Records--VA.
</subsection>
    <subsection type="systemLocation">
        <xhtmlContent>
            <p>Records are maintained at each of the VA health care facilities and in the Voluntary Service System (VSS).  Active records are retained at the facility where the individual has volunteered to assist the administrative and professional personnel and in the VSS.  Basic information for all inactive records is retained at the facility where the volunteer worked and in the VSS. VSS is a web-based volunteer timekeeping package currently housed on Webservers located at the Capital Region Readiness Center, 221 Butler Avenue, Building 511, Martinsburg, West Virginia 25405</p>
                </xhtmlContent>
    </subsection>
    <subsection type="authorityForMaintenance">
        <xhtmlContent>
            <p>Title 38, United States Code, Section 513.</p>
        </xhtmlContent>
    </subsection>
    <subsection type="purpose">
        <xhtmlContent>
            <p>The records and information are used for tracking the number of regularly-scheduled volunteers and occasional volunteers to produce statistical and managerial reports on the number of hours and visits of all volunteers each month, and to present volunteers with certificates of appreciation for service.</p>
        </xhtmlContent>
    </subsection>
    <subsection type="categoriesOfIndividuals">
        <xhtmlContent>
            <p>     All volunteers, regularly-scheduled and occasional, including non-affiliated and members of voluntary service organizations; welfare, service, veterans, fraternal, religious, civic, industrial, labor, and social groups or clubs, which voluntarily offer the services of their organizations and/or individuals to assist with the provision of care to patients, either directly or indirectly, through VA Voluntary Service under Title 38, United States Code, Section 513.</p>
        </xhtmlContent>
    </subsection>
    <subsection type="categoriesOfRecords">
        <xhtmlContent>
            <p>Administrative records containing personal information such as name, address, phone number, e-mail address, date of birth, and volunteer date in a VA health care facility, VA regional office, or VA cemetery is provided by the volunteer on VA Form 10-7055, "Application for Voluntary Service".  Information relating to the individual membership in service organizations, qualifications, restrictions and preferences of duty and availability to schedule time of service.  Training records pertaining to the volunteer’s service will also be maintained for all active volunteers at the facility where the volunteer works.  Medical records of active volunteers will be maintained in the facility’s Employee Health office.  Fingerprint and background investigation records will be maintained by the local facility’s office that handles those investigations.</p>
        </xhtmlContent>
    </subsection>
    <subsection type="recordSourceCategories">
        <xhtmlContent>
            <p>Information in this system of records may be provided by the volunteer, his/her family, civic and service organization, ‘‘Patient Medical Records-VA’’ (24VA10P2) system of records, and Voluntary Service at the VA health care facility where the volunteer worked.</p>
        </xhtmlContent>
    </subsection>
    <subsection type="routineUsesOfRecords">
        <xhtmlContent>
            <p>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 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.</p>
            <p>1. VA may disclose on its own initiative any information in this system, except the names and home addresses of Veterans and their family members or caregivers which is relevant to a suspected 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, 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.  On its own initiative, VA may also disclose the names and addresses of Veterans, their family members or caregivers 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, rule or order issued pursuant thereto.</p>
            <p>2. 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.</p>
            <p>3. Volunteer records may be used to confirm volunteer service, duty schedule, and assignments to service organizations, Bureau of Unemployment, insurance firms, office of personnel of the individual’s fulltime employment; to assist in the development of VA history of the volunteer and his/her assignments; and to confirm voluntary hours for on-the job accidents, and for recognition awards.</p>
            <p>4. Disclosure may be made to a congressional office from the record of an individual in response to an inquiry from the congressional office made at the request of that individual.</p>
            <p>5. Disclosure may be made to the National Archives and Records Administration and to General Services Administration in records management inspections conducted under authority of 44 U.S.C.</p>
            <p>6. 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 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 that is compatible with the purpose for which VA collected the records.</p>
            <p>7.  Relevant information may be disclosed to individuals, organizations, private or public agencies, etc., with whom VA has a contract or agreement 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.  VA occasionally contracts out certain of its functions when this would contribute to effective and efficient operations.</p>
            <p>8. 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.</p>
            <p>9. 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) that rely upon the 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.</p>
        </xhtmlContent>
    </subsection>
    <subsection type="policiesAndPractices">
        <xhtmlContent>
            <p>Digital information of all active volunteers is maintained in Martinsburg, West Virginia, on secured Webservers.  Paper documents for all active volunteers are maintained in locked file cabinets at the individual VA facilities where the volunteer has donated time.  Computer files containing basic information, such as name, address, date of birth, volunteer assignments, hours/years volunteered, and award information are retained for all volunteers, either active or inactive, at the VA facility where the volunteer worked.</p>
        </xhtmlContent>
    </subsection>
    <subsection type="retrievability">
        <xhtmlContent>
            <p>(a) All volunteer records are filed by name and unique identification numbers within the VA’s VSS, and are cross-referenced under the organization(s) they represent.</p>
            <p>(b) Health records are stored by name and Social Security number in the VISTA patient files, but are not retrievable through VSS.</p>
        </xhtmlContent>
    </subsection>
    <subsection type="retentionAndDisposal">
        <xhtmlContent>
            <p>1. The individual volunteer’s record of service is maintained by the VA health care facility, as long as he or she is living and actively participating in the VAVS program.  VSS maintains minimum information on all volunteers indefinitely.  These minimum records include the volunteer’s name, address, date of birth, telephone number, next of kin information, assignments worked, hours and years of service, and last award received.</p>
            <p>2. Depending on the record medium, records are destroyed by either shredding or degaussing.  Summary reports and other output reports are destroyed when no longer needed for current operation.  Regardless of record medium, no records will be retired to a Federal records center.</p>
        </xhtmlContent>
    </subsection>
    <subsection type="safeguards">
        <xhtmlContent>
            <p>1. Access to VA working space and medical record storage areas and the Web-servers in Martinsburg, West Virginia, is restricted to VA employees on a ‘‘need to know’’ basis.  Generally, VA file areas are locked after normal duty hours and are protected from outside access by the Federal Protective Service.  Volunteer file records of sensitive medical record files are stored in separate locked files.</p>
            <p>
                2. Strict control measures are enforced to ensure that access to and disclosure from all records including electronic files and volunteer specific data elements stored in the VSS are limited to VA Voluntary Service (VAVS) employees whose official duties warrant access to those files.  The automated record system recognizes authorized users by keyboard entry of a series of unique passwords.  Once the employee is logged onto the system, access to files is controlled by discreet menus, which are assigned by the VSS package local system administrator based upon the employee’s demonstrated need to access the data to perform the employee’s assigned duties.  A number of other security measures are implemented to enhance security of electronic records (automatic timeout after short period of inactivity, device locking after pre-set number of invalid logon attempts, etc.). Employees are required to sign a user access agreement acknowledging their knowledge of confidentiality requirements, and all employees receive annual training on information security.  Access is deactivated when no longer required for official duties.  Recurring monitors are in place to ensure compliance with
                nationally and locally established security measures.
            </p>
            <p>3. Online data resides on VSS Webservers in Martinsburg, West Virginia, that are highly secured.</p>
            <p>4. Any sensitive information that may be downloaded or printed to hard copy format is provided the same level of security as the electronic records.  All paper documents and informal notations containing sensitive data are shredded prior to disposal.</p>
            <p>5. All new VAVS employees receive initial information security training, and refresher training is provided to all employees on an annual basis.</p>
        </xhtmlContent>
    </subsection>
    <subsection type="systemManager">
        <xhtmlContent>
            <p>Official responsible for policies and procedures: Director, Voluntary Service Office (10B2A), Department of Veterans Affairs, 810 Vermont Avenue, NW, Washington, DC 20420.  Official maintaining the system: Technatomy Contractor, Jay Singh, VHA Oakland OIFO, 1301 Clay Street, Suite 1350N, Oakland, California 94612.</p>
        </xhtmlContent>
    </subsection>
    <subsection type="recordAccessProcedures">
        <xhtmlContent>
            <p>Volunteers, dependents, survivors or duly authorized representatives seeking information regarding access to and contesting of VAVS records may contact the Voluntary Service office at the VA health care facility where the individual served as a volunteer.</p>
        </xhtmlContent>
    </subsection>
    <subsection type="contestingRecordProcedures">
        <xhtmlContent>
            <p>(See Record Access Procedures above.)</p>
        </xhtmlContent>
    </subsection>
    <subsection type="notificationProcedure">
        <xhtmlContent>
            <p>Individuals seeking information concerning the existence and content of their service records must submit a written request to Director, Voluntary Service Office (10B2A), Department of Veterans Affairs, 810 Vermont Avenue, NW, Washington, DC 20420 or email VHACO10B2AStaff@va.gov or inquire in person at the VA health care facility where their voluntary service was accomplished.  All inquiries must reasonably identify, to the VA facility, the portion of the volunteer’s service record they want information about and the approximate dates of service, in order to receive that information. Inquiries should include the volunteer’s name, organization represented, date of birth, and last address while serving as a volunteer to the VA.</p>
        </xhtmlContent>
    </subsection>
    <subsection type="exemptionsClaimed">
        <xhtmlContent>
            <p> None.</p>
        </xhtmlContent></subsection></section>
<section id="58VA21/22/28" toc="yes">
<systemNumber>58VA21/22/28</systemNumber>
<subsection type="systemName">Compensation, Pension, Education, and Vocational Rehabilitation and Employment Records
--VA.
</subsection>
<subsection type="systemLocation"><xhtmlContent><p>Records are maintained at VA regional offices, VA centers, the VA Records Management Center
(RMC), St. Louis, Missouri, the Data Processing Center at Hines, Illinois, the Corporate Franchise
Data Center in Austin, Texas, the Information Technology Center at Philadelphia, PA., and Terremark
Worldwide, Inc., Federal Hosting Facilities in Culpepper, VA, and Miami FL. Active records are
generally maintained by the regional offices having jurisdiction over the domicile of the claimant.
Active educational assistance records are generally maintained at the regional processing office
having jurisdiction over the educational institution, training establishment, or other entity where
the claimant pursues or intends to pursue training.
</p><p>The automated individual employee productivity records are temporarily maintained at the VA data
processing facility serving the office in which the employee is located. The paper record is
maintained at the VA regional office having jurisdiction over the employee who processed the claim.
Records provided to the Department of Housing and Urban Development (HUD) for inclusion on its
Credit Alert Interactive Voice Response System (CAIVRS) are located at a data processing center
under contract to HUD at Lanham, Maryland. Address locations of VA facilities are listed in the VA
Appendix I and are also listed at <i>http://www2.va.gov/directory/guide/home.asp?isFlash=1.</i>
</p></xhtmlContent></subsection>
<subsection type="categoriesOfIndividuals"><xhtmlContent><p>The following categories of individuals will be covered by this system.
</p><p>1. Veterans who have applied for compensation for service-connected disability under 38 U.S.C.
chapter 11.
</p><p>2. Veterans who have applied for nonservice-connected disability under 38 U.S.C. chapter 15.
</p><p>3. Veterans entitled to burial benefits under 38 U.S.C. chapter 23.
</p><p>4. Surviving spouses and children who have claimed pension based on nonservice-connected death of
a Veteran under 38 U.S.C. chapter 15.
</p><p>5. Surviving spouses and children who have claimed death compensation based on service-connected
death of a Veteran under 38 U.S.C. chapter 11.
</p><p>6. Surviving spouses and children who have claimed dependency and indemnity compensation for
service-connected death of a Veteran under 38 U.S.C. chapter 13.
</p><p>7. Parents who have applied for death compensation based on service-connected death of a Veteran
under 38 U.S.C. chapter 11.
</p><p>8. Parents who have applied for dependency and indemnity compensation for service-connected death
of a Veteran under 38 U.S.C. chapter 13.
</p><p>9. Individuals who applied for educational assistance benefits administered by VA under title 38
U.S.C.
</p><p>10. Individuals who applied for educational assistance benefits maintained by the Department of
Defense (DoD) under 10 U.S.C. that are administered by VA.
</p><p>11. Veterans who apply for training and employers who apply for approval of their programs under
the provisions of the Emergency Veterans' Job Training Act of 1983, Public Law 98-77.
</p><p>12. Any VA employee who generates or finalizes adjudicative actions using the Benefits Delivery
Network (BDN) or the Veterans Service Network (VETSNET) computer processing systems.
</p><p>13. Veterans who apply for training and employers who apply for approval of their programs under
the provisions of the Service Members Occupational Conversion and Training Act of 1992, Public Law
102-484.
</p><p>14. Representatives of individuals covered by the system.
</p></xhtmlContent></subsection>
<subsection type="categoriesOfRecords"><xhtmlContent><p>The record, or information contained in the record, may include identifying information
(e.g., name, address, social security number); military service and active duty separation
information (e.g., name, service number, date of birth, rank, sex, total amount of active service,
branch of service, character of service, pay grade, assigned separation reason, service period,
whether Veteran was discharged with a disability, reenlisted, received a Purple Heart or other
military decoration); payment information (e.g., Veteran payee name, address, dollar amount of
readjustment service pay, amount of disability or pension payments, number of nonpay days, any
amount of indebtedness (accounts receivable) arising from title 38 U.S.C. benefits and which are
owed to the VA); medical information (e.g., medical and dental treatment in the Armed Forces
including type of service-connected disability, medical facilities, or medical or dental treatment
by VA health care personnel or received from private hospitals and health care personnel relating to
a claim for VA disability benefits or medical or dental treatment); personal information (e.g.,
marital status, name and address of dependents, occupation, amount of education of a Veteran or a
dependent, dependent's relationship to Veteran); education benefit information (e.g., information
arising from utilization of training benefits such as a Veteran trainee's induction, reentrance or
dismissal from a program or progress and attendance in an education or training program);
applications for compensation, pension, education and vocational rehabilitation benefits and
training which may contain identifying information, military service and active duty separation
information, payment information, medical and dental information, personal and education benefit
information relating to a Veteran or beneficiary's incarceration in a penal institution (e.g., name
of incarcerated Veteran or beneficiary, claims file number, name and address of penal institution,
date of commitment, type of offense, scheduled release date, Veteran's date of birth, beneficiary
relationship to Veteran and whether Veteran or beneficiary is in a work release or half-way house
program, on parole or has been released from incarceration).
</p><p>The VA employee's BDN, VETSNET or VBMS identification numbers, the number and kind of actions
generated and/or finalized by each such employee, the compilation of cases returned for each
employee.
</p></xhtmlContent></subsection>
<subsection type="authorityForMaintenance"><xhtmlContent><p>Title 10 U.S.C. chapters 106a, 510, 1606 and 1607 and Title 38, U.S.C., section 501(a) and
Chapters 11, 13, 15, 18, 23, 30, 31, 32, 33, 34, 35, 36, 39, 51, 53, and 55.
</p></xhtmlContent></subsection>
<subsection type="purpose"><xhtmlContent><p>VA gathers or creates these records in order to enable it to administer statutory benefits
programs to Veterans, Servicemembers, reservists, and their spouses, surviving spouses, and
dependents, who file claims for a wide variety of Federal Veteran's benefits administered by VA. See
the statutory provisions cited in "Authority for maintenance of the system."
</p></xhtmlContent></subsection>
<subsection type="routineUsesOfRecords"><xhtmlContent><p>1. The record of an individual who is covered by this system or records may be disclosed to
a Member of Congress, or staff person acting for the member when, the member or staff person
requests the record on behalf of and at the written request of that individual.
</p><p>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.
</p><p>3. Any information in this system may be disclosed to a State or local agency, upon official
request, to the extent that it is relevant and necessary to that agency's decision on: 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 by that agency
including eligibility for unemployment compensation; 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.
</p><p>4. VA may disclose on its own initiative any information in this system, except the names and
home addresses of individuals, that are 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, 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, rule, regulation or order.
</p><p>5. VA may disclose on its own initiative the names and addresses of individuals, that are
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, 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.
</p><p>6. The name and address of an individual, 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.
</p><p>7. The name, address, entitlement code (e.g., compensation or pension), period(s) of service,
sex, and date(s) of discharge may be disclosed to any nonprofit organization if the release is
directly connected with the conduct of programs and the utilization of benefits under title 38
U.S.C. Disclosures may be in the form of a computerized list.
</p><p>8. Any information in this system, except for the name and address of an individual, may be
disclosed to a Federal agency in order for VA to obtain information relevant to the issuance of a
benefit under title 38 U.S.C. The name and address of an individual may be disclosed to a Federal
agency under this routine use if they are required by the Federal agency to respond to the VA
inquiry.)
</p><p>9. Any information in this system may be disclosed in connection with any proceeding for the
collection of an amount owed to the United States by virtue of a person's participation in any
benefit program administered by VA when in the judgment of the Secretary, or official generally
delegated such authority under standard agency delegation of authority rules (38 CFR 2.6), such
disclosure is deemed necessary and proper, in accordance with 38 U.S.C. 5701(b)(6).
</p><p>10. The name and address of an individual, and other information as is reasonably necessary to
identify such individual, may be disclosed to a consumer reporting agency for the purpose of
locating the individual, or obtaining a consumer report to determine the ability of the individual
to repay an indebtedness to the United States arising by virtue of the individual's participation in
a benefits program administered by the VA, provided that the requirements of 38 U.S.C. 5701(g)(2)
have been met.
</p><p>11. The name and address of an individual, and other information as is reasonably necessary to
identify such individual, including personal information obtained from other Federal agencies
through computer matching programs, and any information concerning the individual's indebtedness to
the United States by virtue of the person's participation in a benefits program administered by VA,
may be disclosed to a consumer reporting agency for purposes of assisting in the collection of such
indebtedness, provided that the provisions of 38 U.S.C. 5701(g)(4) have been met.
</p><p>12. Any information in this system, including available identifying information regarding the
debtor, such as name of debtor, last known address of debtor, VA insurance number, VA loan number,
VA claim number, place of birth, date of birth of debtor, name and address of debtor's employer or
firm and dates of employment may be disclosed, under this routine use, except to consumer reporting
agencies, to a third party in order to obtain current name, address, locator, and credit report in
connection with any proceeding for the collection of an amount owed to the United States by virtue
of a person's participation in any VA benefit program when in the judgment of the Secretary such
disclosure is deemed necessary and proper. This purpose is consistent with the Federal Claims
Collection Act of 1966 (Pub. L. 89-508, 31 U.S.C. 951-953 and 4 CFR parts 101-105
and 38 U.S.C. 5701(b)(6)).
</p><p>13. Any information in this system, including the nature and amount of a financial obligation,
may be disclosed to a debtor's employing agency or commanding officer so that the debtor-employee
may be counseled by his or her Federal employer or commanding officer and to assist in the
collection of unpaid financial obligations owed VA.
</p><p>14. Payment information may be disclosed to the Department of the Treasury, in accordance with
its official request, to permit delivery of benefit payments to Veterans or other beneficiaries.
</p><p>15. Medical information may be disclosed in response to a request from the superintendent of a
State hospital for psychotic patients, a commissioner or head of a State department of mental
hygiene, or a head of a State, county or city health department or any fee basis physician or
sharing institution in direct connection with authorized treatment for a Veteran, provided the name
of the individual to whom the record pertains is given and the information will be treated as
confidential, as is customary in civilian professional medical practice.
</p><p>16. The name, address, VA file number, effective date of compensation or pension, current and
historical benefit pay amounts for compensation or pension, service information, date of birth,
competency payment status, incarceration status, and social security number of Veterans and their
surviving spouses may be disclosed to the following agencies upon their official request: DoD;
Defense Manpower Data Center; Marine Corps; Department of Homeland Security; Coast Guard; Public
Health Service; National Oceanic and Atmospheric Administration and Commissioned Officer Corps in
order for these departments and agencies and VA to reconcile the amount and/or waiver of service,
department and retired pay. These records may also be disclosed as a part of an ongoing computer-
matching program to accomplish these purposes. This purpose is consistent with 10 U.S.C. 12316, 38
U.S.C. 5304 and 38 U.S.C. 5701.
</p><p>17. The amount of pension, compensation, dependency and indemnity compensation, educational
assistance allowance, retirement pay and subsistence allowance of any individual identified to VA
may be disclosed to any person who applies for such information.
</p><p>18. Identifying, personal, payment and medical information may be disclosed to a Federal, State,
or local government agency at the request of a Veteran in order to assist the Veteran and ensure
that all of the title 38 U.S.C. or other benefits to which the Veteran is entitled are received.
This information may also be disclosed upon the request from a Federal agency, or to a State or
local agency, provided the name and address of the Veteran is given beforehand by the requesting
agency, in order to assist the Veteran in obtaining a non-title 38 U.S.C. benefit to which the
Veteran is entitled. These records may also be disclosed as part of an ongoing computer-matching
program to accomplish this purpose.
</p><p>19. Any information in this system, which directly affects payment or potential payment of
benefits to contesting claimants, including parties claiming an apportioned share of benefits, may
be coequally disclosed to each affected claimant upon request from that claimant in conjunction with
the claim for benefits sought or received.
</p><p>20. Any information in this system, such as identifying information, nature of a claim, amount of
benefit payments, percentage of disability, income and medical expense information maintained by VA
which is used to determine the amount payable to recipients of VA income-dependent benefits and
personal information, may be disclosed to the Social Security Administration (SSA), upon its
official request, in order for that agency to determine eligibility regarding amounts of social
security benefits, or to verify other information with respect thereto. These records may also be
disclosed as part of an ongoing computer-matching program to accomplish this purpose.
</p><p>21. VA may disclose an individual's identifying information to an educational institution,
training establishment, or other entity which administers programs approved for VA educational
assistance in order to assist the individual in completing claims forms, to obtain information
necessary to adjudicate the individual's claim, or to monitor the progress of the individual who is
pursuing or intends to pursue training at the request of the appropriate institution, training
establishment, or other entity administrating approved VA educational programs or at the request of
the Veteran.
</p><p>22. Medical data (excluding the name and address of a Veteran unless the name and address are
furnished by the requestor) may be disclosed to epidemiological and other research facilities
approved by the Under Secretary for Health to obtain data from those facilities necessary to assist
in medical studies on Veterans for VA or for any research purposes determined to be necessary and
proper by the Under Secretary for Health.
</p><p>23. The name(s) and address(es) of a Veteran may be disclosed to another Federal agency or to a
contractor of that agency, at the written request of the head of that agency or designee of the head
of that agency for the purpose of conducting government research necessary to accomplish a statutory
purpose of that agency.
</p><p>24. Any information in this system relevant to a Veteran's claim such as the name, address, the
basis and nature of a claim, amount of benefit payment information, medical information and military
service and active duty separation information may be disclosed at the request of the Veteran to
accredited service organizations, VA-approved claims agents and attorneys acting under a declaration
of representation so that these individuals can aid Veterans in the preparation, presentation and
prosecution of claims under the laws administered by VA.
</p><p>25. Identifying and payment information may be disclosed, upon the request of a Federal agency,
to a State or local government agency, to determine a beneficiary's eligibility under programs
provided for under Federal legislation and for which the requesting Federal agency has
responsibility. These records may also be disclosed as a part of an ongoing computer-matching
program to accomplish these purposes. This purpose is consistent with 38 U.S.C. 5701.
</p><p>26. Any information in this system such as the amount of benefit or disability payments and
medical information may be disclosed in the course of presenting evidence to a court, magistrate, or
administrative authority, in matters of guardianship, inquests, and commitments, to private
attorneys representing Veterans rated incompetent in conjunction with issuance of Certificates of
Incompetency, and to probation and parole officers in connection with court-required duties.
</p><p>27. Any information in this system including medical information, the basis and nature of claim,
the amount of benefits and personal information may be disclosed to a VA Federal fiduciary or a
guardian ad litem in relation to his or her representation of a Veteran only to the extent necessary
to fulfill the duties of the VA Federal fiduciary or the guardian ad litem.
</p><p>28. Any relevant information (including changes in disability ratings) may be disclosed to the
DOJ and United States Attorneys in the defense or prosecution of litigation involving the United
States, and to Federal agencies upon their request in connection with review of administrative tort
claims and potential tort claims filed under the Federal Tort Claims Act, 28 U.S.C. 2672, the
Military Claims Act, 10 U.S.C. 2733, and other similar claims statutes.
</p><p>29. Any information in this system including the name, social security number, date of birth,
delimiting date and remaining entitlement of VA educational benefits, may be disclosed to the
Department of Education (ED) upon its official request, or contractor thereof, for specific use by
the ED to validate information regarding entitlement to VA benefits which is submitted by applicants
who request educational assistance grants from the ED. The ED or contractor thereof will not use
such information for any other purpose. These records may also be disclosed as part of an ongoing
computer-matching program to accomplish this purpose.
</p><p>30. VA may, at the request of the individual, disclose identifying information of an individual
who is pursuing or intends to pursue training at an educational institution, training establishment,
or other entity which administers programs approved for VA educational assistance in order for the
VA to obtain sufficient information necessary to pay that individual or the educational or training
establishment the correct monetary amounts in an expeditious manner. However, information will not
be provided under this routine use to an educational institution, training establishment, or other
entity when the request is clearly an attempt by that establishment to seek assistance in collection
attempts against the individual.
</p><p>31. Identifying information and information regarding the induction, reentrance and dismissal of
a disabled Veteran from a vocational rehabilitation program may be disclosed at the request of the
Veteran to a VA-approved vocational rehabilitation training establishment to ensure that the trainee
receives the maximum benefit from training.
</p><p>32. Identifying information and information regarding the extent and nature of a Veteran's
disabilities with respect to any limitations to be imposed on the Veteran's vocational programs may
be disclosed at the request of the Veteran to a VA-approved vocational rehabilitation-training
establishment to ensure that the trainee receives the maximum benefit from training.
</p><p>33. Information regarding the type and amount of training/education received, and the name and
address of a Veteran, may be disclosed at the request of a Veteran to local and State agencies and
to prospective employers in order to assist the Veteran in obtaining employment or further training.
</p><p>34. The name, claims file number and any other information relating to a Veteran's or
beneficiary's incarceration in a penal institution and information regarding a dependent's right to
a special apportionment of the incarcerated individual's VA benefit payment may be disclosed to
those dependents who may be eligible for entitlement to such apportionment in accordance with 38
U.S.C. 5313, 5307.
</p><p>35. The name, claims file number and any other information relating to an individual who may be
incarcerated in a penal institution may, pursuant to an arrangement, be disclosed to penal
institutions or to correctional authorities in order to verify information concerning the
individual's incarceration status. The disclosure of this information is necessary to determine that
individual's continuing eligibility as authorized under 38 U.S.C. 5313, 5307. These records may also
be disclosed as part of an ongoing computer-matching program to accomplish this purpose.
</p><p>36. Identifying information, except for the name and address of a Veteran, may be disclosed to a
State agency for the purpose of conducting a computer match to determine if income and employment
data are being properly reported to VA and to detect the unwarranted payment of benefits under title
38 U.S.C.
</p><p>37. Identifying, disability, and award (type, amount and reasons for award) information may be
released to the Department of Labor (DOL) in order for the DOL to conduct a computer matching
program against the Office of Workers' Compensation Programs Federal Employees Compensation File,
DOL/ESA-13, published in 46 FR 12357 on February 13, 1981. This match will permit the DOL to
verify a person's eligibility for DOL payments as well as to detect situations where recipients may
be erroneously receiving concurrent multiple payments from the DOL and VA, to identify areas where
legislative and regulatory amendments directed toward preventing overpayments are needed, and to
collect debts owed to the United States Government. This matching program is performed pursuant to
the DOL Inspector General's authority under Public Law 95-452, section 4(a) to detect and
prevent fraud and abuse. This disclosure is consistent with 38 U.S.C. 5701(b)(3).
</p><p>38. The beneficiary's name, address, social security number and the amount (excluding interest)
of any indebtedness waived under 38 U.S.C. 5302, or compromised under 4 CFR part 103 may be
disclosed to the Treasury Department, Internal Revenue Service (IRS), as a report of income under 26
U.S.C. 61(a)(12).
</p><p>39. Identifying information, including social security number, except for the name and address,
may be disclosed to a Federal, State, County or Municipal agency for the purpose of conducting
computer matches to obtain information to validate the entitlement of an individual, who is
receiving or has received Veterans' benefits under Title 10 or Title 38, U.S.C. The name and address
of individuals may also be disclosed to a Federal agency under this routine use if required by the
Federal agency in order to provide information.
</p><p>40. Identifying information, including the initials and abbreviated surname, the social security
number, the date of birth and coding indicating the category of the individual's records, the degree
of disability, the benefit program under which benefits are being paid and the computed amount of VA
benefits for a calendar year may be released to the Department of the Treasury, and IRS, in order
for IRS to conduct a computer matching program against IRS Forms 1040, Schedule R, Credit for the
Elderly and the Permanently and Totally Disabled. This match will permit IRS to determine the
eligibility for and the proper amount of Elderly and Disabled Credits claimed on IRS Form 1040,
Schedule R. This matching program is performed pursuant to the provisions of Internal Revenue Code
Section 7602. This disclosure is consistent with 38 U.S.C. 5701(b)(3).
</p><p>41. Identifying information, such as name, social security number, VA claim number, date and
place of birth, etc., in this system may be disclosed to an employer or school having information
relevant to a claim in order to obtain information from the employer or school to the extent
necessary to determine that eligibility for VA compensation or pension benefits continues to exist
or to verify that there has been an overpayment of VA compensation or pension benefits. Any
information in this system also may be disclosed to any of the above-entitled individuals or
entities as part of ongoing computer matching programs to accomplish these purposes.
</p><p>42. The name of a Veteran, or other beneficiary, other information as is reasonably necessary to
identify such individual, and any other information concerning the individual's indebtedness by
virtue of a person's participation in a benefits program administered by VA, may be disclosed to the
Treasury Department, IRS, for the collection of Title 38, U.S.C. benefit overpayments, overdue
indebtedness, and/or costs of services provided to an individual not entitled to such services, by
the withholding of all or a portion of the person's Federal income tax refund.
</p><p>43. Veterans' addresses which are contained in this system of records may be disclosed to the
Defense Manpower Data Center, upon its official request, for military recruiting command needs, DoD
civilian personnel offices' mobilization studies and mobilization information, debt collection, and
Individual Ready Reserve Units' locator services.
</p><p>44. The name, address, VA file number, date of birth, date of death, social security number, and
service information may be disclosed to the Defense Manpower Data Center. DoD will use this
information to identify retired Veterans and dependent members of their families who have
entitlement to DoD benefits but who are not identified in the Defense Enrollment Eligibility
Reporting System program and to assist in determining eligibility for Civilian Health and Medical
Program of the Uniformed Services benefits. This purpose is consistent with 38 U.S.C. 5701. These
records may also be disclosed as part of an ongoing computer-matching program to accomplish this
purpose.
</p><p>45. The name, address, VA file number, social security number, sex of Veteran, date(s) of birth
of the Veteran and dependents, current benefit pay amounts for compensation or pension, pay status,
check amount, aid and attendance status, Veteran and spouse annual income amounts and type and
combined degree of disability will be disclosed to the Department of Health and Human Services. The
SSA will use the data in the administration of the Supplemental Security Income payment system as
prescribed by Public Law 92-603. These records may also be disclosed as part of an ongoing
computer-matching program to accomplish these purposes. This purpose is consistent with 38 U.S.C.
5701.
</p><p>46. The names and current addresses of VA beneficiaries who are identified by finance centers of
individual uniformed services of DoD and the Department of Homeland Security (Coast Guard) as
responsible for the payment of Survivor Benefit Plan (SBP) premium payments to be released from this
system of records to them upon their official written request for such information for their use in
attempting to recover amounts owed for SBP premium payments.
</p><p>47. This routine use authorizes VA to compile lists of the social security numbers and loan
account numbers of all persons with VA-guaranteed and portfolio loans in default, or VA loans on
which there has been a foreclosure and the Department paid a claim and provide these records to HUD
for inclusion in its CAIVRS. Information included in this system may be disclosed to all
participating agencies and lenders who participate in the agencies' programs to enable them to
verify information provided by new loan applicants and evaluate the creditworthiness of applicants.
These records may also be disclosed as part of an ongoing computer-matching program to accomplish
these purposes.
</p><p>48. Identifying information including social security number, abbreviated surname, first and
middle initial, date of birth, sex and claim number, and excluding the full name and address, may be
disclosed to the SSA for the purpose of conducting a computer match to obtain information to
validate the social security number maintained in VA records.
</p><p>49. Any information contained in the files of Veterans whose claims were referred to VA Central
Office for an advisory opinion concerning their claims that their disabilities were incurred
secondary to occupational radiation exposure may be disclosed to the Department of the Navy. The
information to be furnished to the Navy would include the medical opinions, dose estimates, advisory
opinions, and rating decisions including Veterans' names, addresses, VA claim numbers, social
security numbers and medical information. The requested information may be disclosed to the
Department of the Navy upon receipt of its official written request for such information for its use
in the review and assessment of its occupational radiation exposure controls and training.
</p><p>50. A Veteran's claims file number and folder location may be disclosed to a court of proper
jurisdiction that has issued a garnishment order for that Veteran under 42 U.S.C. 659 through 660.
</p><p>51. An individual's identifying and payment information may be disclosed to the educational
institution, training establishment, or other entity the individual attends (or attended) if that
individual received educational assistance from VA based on training at that educational
institution, training establishment, or entity. VA will disclose this information to assist the
educational institution, training establishment, or other entity in verifying the individual's
receipt of VA educational assistance and to assist the individual in applying for additional
financial aid (e.g. student loans).
</p><p>52. The name and address of a prospective, present, or former accredited representative, claims
agent or attorney and any information concerning such individual which is relevant to a refusal to
grant access privileges to automated Veterans' claims records, or a potential or past suspension or
termination of such access privileges may be disclosed to the entity employing the individual to
represent Veterans on claims for Veterans benefits.
</p><p>53. The name and address of a former accredited representative, claim agent or attorney, and any
information concerning such individual, except a Veteran's name and home address, which is relevant
to a revocation of such access privileges may be disclosed to an appropriate governmental licensing
organization where VA determines that the individual's conduct that resulted in revocation merits
reporting.
</p><p>54. A record from this system (other than the address of the beneficiary) may be disclosed to a
former representative of a beneficiary to the extent necessary to develop and adjudicate a claim for
payment of attorney fees to such representative from past-due benefits under 38 U.S.C. 5904(d) and
Public Law 109-461 or to review a fee agreement between such representative and the
beneficiary for reasonableness under 38 U.S.C. 5904(c)(2) and Public Law 109-461.
</p><p>55. Disclosure of tax returns and return information received from the IRS may be made only as
provided by 26 U.S.C. 6103 (an IRS confidentiality statute) also covering any IRS tax return
information provided as part of an ongoing computer matching program.
</p><p>56. Where VA determines that there is good cause to question the legality or ethical propriety of
the conduct of a person or organization representing a person in a matter before VA, a record from
this system may be disclosed, on VA's initiative, to any or all of the following: (1) applicable
civil or criminal law enforcement authorities and (2) a person or entity responsible for the
licensing, supervision, or professional discipline of the person or organization acting as a
representative. Name and home addresses of Veterans and their dependents will be released on VA's
initiative under this routine use only to Federal entities.
</p><p>57. The name and address of a VA beneficiary, and other information as is reasonably necessary to
identify such a beneficiary, who has been adjudicated as incompetent under 38 CFR 3.353, may be
provided to the Attorney General of the United States or his/her designee, for use by the DOJ in the
National Instant Criminal Background Check System mandated by the Brady Handgun Violence Prevention
Act, Public Law 103-159.
</p><p>58. Disclosure may be made to the National Archives and Records Administration (NARA) and General
Services Administration in record management inspections and such other activities conducted under
Authority of Title 44 U.S.C.
</p><p>59. VA may disclose information from this system of records to the 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 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.
</p><p>60. Disclosure of relevant information may be made to individuals, organizations, public or
private 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.
</p><p>61. Disclosure to other Federal agencies may be made to assist such agencies in preventing and
detecting possible fraud, waste, overpayment, or abuse by individuals in their operations and
programs as well as identifying areas where legislative and regulatory amendments directed toward
preventing overpayments. These records may also be disclosed as part of an ongoing computer-matching
program to accomplish this purpose.
</p><p>62. 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) VA 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 the economic or property interests, identity theft or fraud, or harm
to the programs (whether maintained by VA 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 VA's efforts to respond to
the suspected or confirmed compromise and prevent, minimize, or remedy such harm. This routine use
permits disclosures by VA 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.
</p><p>63. VA may disclose information to other Federal Agencies including, but not limited to,
identifying information, payment information, and vocational objectives about a Veteran or
servicemember who is receiving or has received benefits under the Vocational Rehabilitation program
to be used in data analysis and development of performance measures.
</p><p>64. Any information contained in this system may be disclosed by VA, as deemed necessary, to DoD
for use for determinations required by DoD. VA will routinely use the information to conduct medical
evaluations needed to produce VA disability ratings and to promulgate subsequent claims for benefits
under Title 38 U.S.C.
</p><p>65. Information in this system (excluding date of birth, social security number, and address)
relating to the use of transferred educational assistance benefits may be coequally disclosed to the
transferor, i.e., the individual from whom eligibility was derived, and to each transferee, i.e.,
the individual receiving the transferred benefit. The information disclosed is limited to the two
parties in each transferor-transferee relationship, as the transferor may have multiple transferred
relationships.
</p></xhtmlContent></subsection>
<subsection type="policiesAndPractices"><xhtmlContent><p>Storage:</p>
<p>The BDN, Virtual VA, Corporate WINRS, VETSNET, and the VBMS are data telecommunication
terminal systems. Records (or information contained in records) are maintained on paper documents in
claims folders (C-folders), vocational rehabilitation folders, electronic file folders (e.g., VBMS
and TIMS Files), and on automated storage media (e.g., microfilm, microfiche, magnetic tape and
disks). Such information may be accessed through BDN, Virtual VA, VBMS, Corporate WINRS, and VETSNET
terminals. BDN, Virtual VA, Corporate WINRS, VETSNET, and VBMS terminal locations include VA Central
Office, regional offices, VA health care facilities, Veterans Integrated Service Network offices,
DoD Finance and Accounting Service Centers and the U.S. Coast Guard Pay and Personnel Center. Remote
on-line access is also made available to authorized remote sites, representatives of claimants and
to attorneys of record for claimants. A VA claimant must execute a prior written consent or a power
of attorney authorizing access to his or her claims records before VA will allow the representative
or attorney to have access to the claimant's automated claims records. Access by representatives and
attorneys of record is to be used solely for the purpose of assisting an individual claimant whose
records are accessed in a claim for benefits administered by VA. Information relating to receivable
accounts owed to VA, designated the Centralized Accounts Receivable System (CARS), is maintained on
magnetic tape, microfiche and microfilm. CARS is accessed through a data telecommunications terminal
system at St. Paul, Minnesota.
</p></xhtmlContent></subsection>
<subsection type="retrievability"><xhtmlContent><p>File folders, whether paper or electronic, are indexed by name of the individual and VA file
number. Automated records are indexed by name, VA file number, payee name and type of benefit.
Automated records of employee productivity cannot be accessed. At the conclusion of a monthly
reporting period, the generated listing is indexed by employee BDN identification number. Records in
CAIVRS may only be retrieved by social security number.
</p></xhtmlContent></subsection>
<subsection type="safeguards"><xhtmlContent><p>1. Physical Security:
</p><p>(a) Access to working spaces and claims folder file storage areas in VA regional offices and
centers is restricted to VA employees on a need-to-know basis. Generally, file areas are locked
after normal duty hours and the offices and centers are protected from outside access by the Federal
Protective Service or other security personnel. Employee claims file records and claims file records
of public figures are stored in separate locked files. Strict control measures are enforced to
ensure that access to and disclosure from these claims file records are limited to a need-to-know
basis.
</p><p>(b) Access to BDN, Virtual VA, Corporate WINRS, VETSNET and VBMS data telecommunication networks
are by authorization controlled by the site security officer who is responsible for authorizing
access to the BDN, Virtual VA, VBMS and VETSNET by a claimant's representative or attorney approved
for access in accordance with VA regulations. The site security officer is responsible for ensuring
that the hardware, software and security practices of a representative or attorney satisfy VA
security requirements before granting access. The security requirements applicable to the access of
automated claims files by VA employees also apply to the access of automated claims files by
claimants' representatives or attorneys. The security officer is assigned responsibility for
privacy-security measures, especially for review of violation logs, information logs and control of
password distribution, including password distribution for claimants' representatives.
</p><p>(c) Access to data processing centers is generally restricted to center employees, custodial
personnel, Federal Protective Service and other security personnel. Access to computer rooms is
restricted to authorized operational personnel through electronic locking devices. All other persons
provided access to computer rooms are escorted.
</p><p>(d) Employee production records are identified by the confidential BDN and VETSNET employee
identification number, and are protected by management/supervisory personnel from unauthorized
disclosure in the same manner as other confidential records maintained by supervisors.
</p><p>2. BDN, Virtual VA, VETSNET, and VBMS System Security:
</p><p>(a) Usage of the BDN, Virtual VA, Corporate WINRS, VETSNET, and VBMS systems is protected by the
usage of "login" identification passwords and authorized function passwords. The
passwords are changed periodically. These same protections apply to remote access users.
</p><p>(b) At the data processing centers, identification of magnetic tapes and disks containing data is
rigidly enforced using labeling techniques. Automated storage media, which are not in use, are
stored in tape libraries, which are secured in locked rooms. Access to programs is controlled at
three levels: programming, auditing and operations. Access to the data processing centers where HUD
maintains CAIVRS is generally restricted to center employees and authorized subcontractors. Access
to computer rooms is restricted to center employees and authorized operational personnel through
electronic locking devices. All other persons granted access to computer rooms are escorted. Files
in CAIVRS use social security numbers as identifiers. Access to information files is restricted to
authorized employees of participating agencies and authorized employees of lenders who participate
in the agencies' programs. Access is controlled by agency distribution of passwords. Information in
the system may be accessed by use of a touch-tone telephone by authorized agency and lender
employees on a "need-to-know" basis.
</p></xhtmlContent></subsection>
<subsection type="retentionAndDisposal"><xhtmlContent><p>Compensation, pension, and vocational rehabilitation claims file are retained at the
servicing regional office until they are inactive for three years, after which they are transferred
to the VA RMC in St. Louis, MO, for the life of the Veteran. At the death of the Veteran, these
records are sent to a Federal Records Center (FRC), and maintained by the FRC for 60 years, and
thereafter become the permanent possession of the NARA to be retained indefinitely as historical
documents. Some claims files folders are electronically imaged, in which case the electronic file
folder is maintained in the same manner as the claims file folder. Once a file is electronically
imaged and established by VA as the official copy of record, its paper contents (with the exception
of official legal documents, and service treatment records and other documents that are the property
of DoD), are destroyed in accordance with Records Control Schedule VB-1 Part 1 Section XIII,
as authorized by NARA.
</p><p>Vocational Rehabilitation counseling records are maintained until the exhaustion of a Veteran's
maximum entitlement or upon the exceeding of a Veteran's delimiting date of eligibility (generally,
ten or twelve years from discharge or release from active duty), whichever occurs first, and then
destroyed. Automated storage media containing temporary working information are retained until a
claim is decided, and then destroyed. All other automated storage media are retained and disposed of
in accordance with disposition authorization approved by NARA.
</p><p>Education electronic file folders are retained at the servicing Regional Processing Office.
Education folders may be destroyed in accordance with the times set forth in the VBA Records
Management, Records Control Schedule VB-1, Part 1, Section VII, as authorized by NARA.
</p><p>Employee productivity records are maintained for two years after which they are destroyed by
shredding or burning. File information for CAIVRS is provided to HUD by VA on magnetic tape. After
information from the tapes has been read into the computer the tapes are returned to VA for
updating. HUD does not keep separate copies of the tapes.
</p></xhtmlContent></subsection>
<subsection type="systemManager"><xhtmlContent><p>Director, Compensation Service (21), 810 Vermont Avenue NW., VA Central Office, Washington,
DC 20420.
</p><p>Director, Pension and Fiduciary Service, 810 Vermont Avenue NW., VA Central Office, Washington,
DC 20420.
</p><p>Director, Education Service (22), 810 Vermont Avenue NW., VA Central Office, Washington, DC
20420.
</p><p>Director, Vocational Rehabilitation and Employment Service (28), 810 Vermont Avenue NW.,  VA
Central Office, Washington, DC 20420.
</p></xhtmlContent></subsection>
<subsection type="notificationProcedure"><xhtmlContent><p>An 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
record, should submit a written request or apply in person to the nearest VA regional office or
center. Address locations are listed in VA Appendix 1 at the end of this document. VA employees
wishing to inquire whether the system of records contains employee productivity information about
themselves should contact their supervisor at the regional office or center of employment.
</p></xhtmlContent></subsection>
<subsection type="recordAccessProcedures"><xhtmlContent><p>Individuals seeking information regarding access to and contesting of VA records may write,
call or visit the nearest VA regional office. Address locations are listed in VA Appendix 1.
</p></xhtmlContent></subsection>
<subsection type="contestingRecordProcedures"><xhtmlContent><p>(See Record access procedures above.)
</p></xhtmlContent></subsection>
<subsection type="recordSourceCategories"><xhtmlContent><p>Veterans, Servicemembers, reservists, spouses, surviving spouses, dependents and other
beneficiaries of the Veteran, accredited service organizations, VA-supervised fiduciaries (i.e., VA
Federal fiduciaries, court-appointed fiduciaries), military service departments, VA medical
facilities and physicians, private medical facilities and physicians, education and rehabilitation
training establishments, State and local agencies, other Federal agencies, State, local, and county
courts and clerks, Federal, State, and local penal institutions and correctional facilities, other
third parties and other VA records.
</p></xhtmlContent></subsection></section>
<section id="60VA21" toc="yes">
<systemNumber>60VA21</systemNumber>
<subsection type="systemName">Repatriated American Prisoners of War--VA (60VA21).
</subsection>
<subsection type="systemLocation"><xhtmlContent><p>Records are maintained at the Department of Veterans Affairs (VA) regional offices, VA
Medical Centers, the VA Records Management Center, St. Louis, Missouri, and at the Corporate
Franchise Data Center in Austin, Texas. Address locations are listed in the VA Appendix I, located
at the end of this document.
</p></xhtmlContent></subsection>
<subsection type="categoriesOfIndividuals"><xhtmlContent><p>Individuals who are repatriated prisoners of war, including but not limited to those of
World War II; Korean Conflict; Vietnam Era; Pueblo Crisis; the members of the group known as
Civilian Employees, Pacific Naval Air Bases, who actively participated in the defense of Wake Island
and were determined to be eligible for veterans' benefits under Public Law 95-202; and those
determined by the VA to have been held as prisoners of war during peacetime.
</p></xhtmlContent></subsection>
<subsection type="categoriesOfRecords"><xhtmlContent><p>Personal identification information related to the POW experience and identifying data, <i>
e.g.,</i> name, social security number, file number, service number, date of birth, date of death
(if applicable), period of service, branch of service, entitlement code, aid and attendance or
household status, number of service-connected disabilities, number of days interned as a POW, place
of internment and hospital discharge data.
</p></xhtmlContent></subsection>
<subsection type="authorityForMaintenance"><xhtmlContent><p>Title 38, United States Code, Chapter 3, section 501(a), (b) and Chapters 11, 13, 17, 19,
24, 34, 51, 71, and 72.
</p><p>Purpose:</p>
<p>Maintain records and provide benefits to repatriated prisoners of war who file claims for a
wide variety of Federal veteran's benefits administered by VA at VA facilities located throughout
the nation. See the statutory provisions cited in "Authority for maintenance of the system
". VA gathers or creates these records in order to enable it to administer these statutory
benefits programs.
</p></xhtmlContent></subsection>
<subsection type="routineUsesOfRecords"><xhtmlContent><p>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 member when the member or staff person requests the record on
behalf of and at the written request of the individual.
</p><p>2. Any information in this system relevant to a veteran's claim such as the name, military
service information and the number of days interned as a POW may be disclosed at the request of the
veteran to accredited service organizations, VA-approved claims agents and attorneys acting under a
declaration of representation so that these individuals can aid veterans in the preparation,
presentation and prosecution of claims under the laws administered by the VA. The name of a veteran
will not, however, be disclosed to these individuals under this routine use if the veteran has not
requested the assistance of an accredited service organization, claims agent or an attorney.
</p><p>3. Any information in this system may be disclosed to the Office of the Secretary of Defense,
International Security Affairs (POW/MIA), upon their official request, in order to aid the
Department in verifying the status of individuals who were prisoners of war or missing in action
and/or in determining their most recent location.
</p><p>4. Any information in this system (excluding the name of a veteran unless the name is furnished
by the requestor) may be disclosed to epidemiological and other research facilities approved by the
Chief Medical Director to obtain data from those facilities necessary to assist in medical studies
on veterans for the Veterans Administration or for any research purposes determined to be necessary
and proper by the Chief Medical Director.
</p><p>5. The name(s) of a veteran may be disclosed to another Federal agency or to a contractor of that
agency at the written request of the head of that agency for the purpose of conducting government
research necessary to accomplish a statutory purpose of that agency.
</p><p>6. Disclosure 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
chapter 29 of title 44, United States Code.
</p><p>7. 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 on initiative, may disclose records in this system of records in legal
proceedings before a court or administrative body after determining that the disclosure of 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.
</p><p>8. Disclosure of relevant information may be made to individuals, organizations, public or
private 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.
</p><p>9. VA may disclose on its own initiative any information in this system, except the names and
mailing addresses of veterans and their dependents, that 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, 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, rule, regulation
or order.
</p><p>10. 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.
</p><p>11. 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) VA 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 the economic or property interests, identity theft or fraud, or harm
to the programs (whether maintained by VA 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 VA's efforts to respond to the
suspected or confirmed compromise and prevent, minimize, or remedy such harm. This routine use
permits disclosures by VA 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.
</p><p>12. The name and mailing address of a VA beneficiary, and other information as is reasonably
necessary to identify such a beneficiary, who has been adjudicated as incompetent under 38 CFR
3.353, may be provided to the Attorney General of the United States or his/her designee, for use by
the Department of Justice in the National Instant Criminal Background Check System (NICS) mandated
by the Brady Handgun Violence Prevention Act, Public Law 103-159.
</p></xhtmlContent></subsection>
<subsection type="policiesAndPractices"><xhtmlContent><p>Storage:</p>
<p>Records (or information contained in records) are maintained on paper documents in claims
folders (C-folders), vocational rehabilitation folders, electronic file folders (<i>e.g.,</i>
Virtual VA and TIMS File), and on automated storage media (<i>e.g.,</i> microfilm, microfiche,
magnetic tape and disks). Such information may be accessed through data telecommunication terminal
systems designated the Benefits Delivery Network (BDN), Virtual VA and Veterans Service Network
(VETSNET). BDN, Virtual VA and VETSNET terminal locations include VA Central Office, regional
offices, VA health care facilities, and Veterans Integrated Service Network (VISN) offices. Remote
on-line access is also made available to authorized remote sites, representatives of claimants and
to attorneys of record for claimants. A VA claimant must execute a prior written consent or a power
of attorney authorizing access to his or her claims records before VA will allow the representative
or attorney to have access to the claimant's automated claims records. Access by representatives and
attorneys of record is to be used solely for the purpose of assisting an individual claimant whose
records are accessed in a claim for benefits administered by VA.
</p></xhtmlContent></subsection>
<subsection type="retrievability"><xhtmlContent><p>File folders, whether paper or electronic, are indexed by name of the individual, social
security number, payee number, and type of benefit.
</p></xhtmlContent></subsection>
<subsection type="safeguards"><xhtmlContent><p>Access to the basic file in the Corporate Franchise Data Center in Austin, Texas is
restricted to authorized VA employees and vendors. Access to working spaces and claims folder file
storage areas in VA regional offices and centers is restricted to VA employees on a need-to-know
basis. Generally, file areas are locked after normal duty hours and the offices and centers are
protected from outside access by the Federal Protective Service or other security personnel.
Employee claims file records and claims file records of public figures are stored in separate locked
files. Strict control measures are enforced to ensure that access to and disclosure from these
claims file records are limited to a need-to-know basis.
</p><p>Access to BDN, Virtual VA, and VETSNET data telecommunication networks are by authorization
controlled by the site security officer who is responsible for authorizing access to BDN, Virtual
VA, and VETSNET by a claimant's representative or attorney approved for access in accordance with VA
regulations. The site security officer is responsible for ensuring that the hardware, software, and
security practices of a representative or attorney satisfy VA security requirements before granting
access. The security requirements applicable to the access of automated claims files by VA employees
also apply to the access of automated claims files by claimants' representatives or attorneys. The
security officer is assigned responsibility for privacy-security measures, especially for review of
violation logs, information logs, and control of password distribution, including password
distribution for claimants' representatives.
</p><p>Access to data processing centers is generally restricted to center employees, custodial
personnel, Federal Protective Service, and other security personnel. Access to computer rooms is
restricted to authorized operational personnel through electronic locking devices. All other persons
provided access to computer rooms are escorted.
</p></xhtmlContent></subsection>
<subsection type="retentionAndDisposal"><xhtmlContent><p>Records are maintained on magnetic tape, disks, and microfiche and are retained and disposed
of in accordance with disposition and authorization approved by the National Archives and Records
Administration. Once a file is electronically imaged and accepted by VA, its paper contents (with
the exception of service treatment records and official legal documents), are destroyed in
accordance with Records Control Schedule VB-1 Part 1 Section XIII, as authorized by the
National Archives and Records Administration (NARA) of the United States.
</p></xhtmlContent></subsection>
<subsection type="systemManager"><xhtmlContent><p>Director, Compensation and Pension Service (21), VA Central Office, 810 Vermont Avenue, NW.,
Washington, DC 20420.
</p></xhtmlContent></subsection>
<subsection type="notificationProcedure"><xhtmlContent><p>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
record should submit a written request or apply in person to the nearest VA regional office or
medical center. Addresses for these offices may be found in VA Appendix 1 at the end of this
document. Inquiries should include as much of the following information as possible: The veteran's
full name, VA file number, service number, and social security number. The magnetic tape is indexed
by the veteran's service, VA file or social security number. The microfiche is indexed by the
veteran's name with secondary verification by the veteran's service, VA file, or social security
number.
</p></xhtmlContent></subsection>
<subsection type="recordAccessProcedures"><xhtmlContent><p>Individuals seeking information regarding access to and contesting of VA records may write,
call, or visit the nearest VA regional office. Address locations are listed in VA Appendix 1.
</p></xhtmlContent></subsection>
<subsection type="contestingRecordProcedures"><xhtmlContent><p>See Record access procedures above.
</p></xhtmlContent></subsection>
<subsection type="recordSourceCategories"><xhtmlContent><p>The Department of Defense, National Archives and Records Administration, Veterans, service
members, reservists, spouses, surviving spouses, dependents and other beneficiaries of the veteran,
accredited service organizations, VA-supervised fiduciaries (<i>i.e.,</i> VA Federal fiduciaries,
court-appointed fiduciaries), military service departments, VA medical facilities and physicians,
private medical facilities and physicians, education and rehabilitation training establishments,
State and local agencies, other Federal agencies, State, local, and county courts and clerks,
Federal, State, and local penal institutions and correctional facilities, other third parties and
other VA records.</p>
<p><b>Appendix 1: Department of Veterans Affairs Regional Offices and Centers
</b></p><p>Alabama AL
</p><p>VA Regional Office, 345 Perry Hill Rd., Montgomery, Alabama 36109.
</p><p>Alaska AK
</p><p>VA Regional Office, 1201 N Muldoon Rd., Anchorage 99504.
</p><p>Arizona AZ
</p><p>VA Regional Office, 3333 North Central Ave., Phoenix, Arizona 85012.
</p><p>Arkansas AR
</p><p>VA Regional Office, 2200 Fort Roots Dr., Bldg.65, North Little Rock, Arkansas 72144.
</p><p>California CA
</p><p>VA Regional Office, Federal Bldg., 11000 Wilshire Blvd., Los Angeles, California 90024.
</p><p>VA Regional Office, 1301 Clay St., Rm. 1300 North, Oakland, California 94612.
</p><p>VA Regional Office, 8810 Rio San Diego Dr., San Diego, California 92108.
</p><p>Colorado CO
</p><p>VA Regional Office, 155 Van Gordon St., Lakewood, Colorado 80228.
</p><p>Connecticut CT
</p><p>VA Regional Office, 555 Willard Ave., Newington, Connecticut 06111.
</p><p>Delaware DE
</p><p>VA Regional Office, 1601 Kirkwood Hwy., Wilmington, Delaware 19805.
</p><p>District of Columbia DC
</p><p>VA Regional Office, 1722 I St., NW., Washington, DC 20421.
</p><p>VA Central Office, 810 Vermont Ave., NW., Washington, DC 20420.
</p><p>Florida FL
</p><p>VA Regional Office, 9500 Bay Pines Blvd., St. Petersburg, Florida 33708.
</p><p>Georgia GA
</p><p>VA Regional Office, 1700 Clairmont Rd., Decatur, Georgia 30033.
</p><p>Hawaii HI
</p><p>VA Regional Office, 459 Patterson Rd., E-Wing, Honolulu, Hawaii 96819.
</p><p>Idaho ID
</p><p>VA Regional Office, 444 W. Fort St., Boise, Idaho 83702.
</p><p>Illinois IL
</p><p>VA Regional Office, 2122 W. Taylor St., Chicago, Illinois 60612.
</p><p>Indiana IN
</p><p>VA Regional Office, 575 N. Pennsylvania St., Indianapolis, Indiana 46204.
</p><p>Iowa IA
</p><p>VA Regional Office, 210 Walnut St., Des Moines, Iowa 50309.
</p><p>Kansas KS
</p><p>VA Regional Office, 5500 E. Kellogg Ave., Wichita, Kansas 67128.
</p><p>Kentucky KY
</p><p>VA Regional Office, 321 W. Main St., Ste. 390, Louisville, Kentucky 40202.
</p><p>Louisiana LA
</p><p>VA Regional Office, 1250 Poydras St., New Orleans, Louisiana 70056.
</p><p>Maine ME
</p><p>VA Regional Office, One VA Center, Augusta, Maine 04330.
</p><p>Maryland MD
</p><p>VA Regional Office, Federal Bldg., 31 Hopkins Plaza, Baltimore, Maryland 21201.
</p><p>Massachusetts MA
</p><p>VA Regional Office, John Fitzgerald Kennedy Federal Bldg., Government Center, Boston,
Massachusetts 02203.
</p><p>Michigan MI
</p><p>VA Regional Office, Patrick V. McNamara Federal Bldg., 477 Michigan Ave., Rm. 1400, Detroit,
Michigan 48226.
</p><p>Minnesota MN
</p><p>VA Regional Office, Bishop Henry Whipple Federal Bldg., 1 Federal Dr., Fort Snelling, St.
Paul, Minnesota 55111.
</p><p>Mississippi MS
</p><p>VA Regional Office, 1600 East Woodrow Wilson Ave., Jackson, Mississippi 39216.
</p><p>Missouri MO
</p><p>VA Regional Office, 400 South 18th St., St. Louis, Missouri 63103.
</p><p>Montana MT
</p><p>VA Regional Office, 3633 Veterans Dr., Fort Harrison, Montana 59636.
</p><p>Nebraska NE
</p><p>VA Regional Office, 5631 S. 48th St., Lincoln, Nebraska 68516.
</p><p>Nevada NV
</p><p>VA Regional Office, 5460 Reno Corporate Dr., Reno, Nevada 89511.
</p><p>VA Benefits Office, 4800 Alpine Pl., Suite 12, Las Vegas, Nevada 89107.
</p><p>New Hampshire NH
</p><p>VA Regional Office, Norris Cotton Federal Bldg., 275 Chestnut St., Manchester, New Hampshire
03101.
</p><p>New Jersey NJ
</p><p>VA Regional Office, 20 Washington Place, Newark, New Jersey 07120.
</p><p>New Mexico NM
</p><p>VA Regional Office, Dennis Chavez Federal Bldg., 500 Gold Ave., SW., Albuquerque, New Mexico
87102.
</p><p>New York NY
</p><p>VA Regional Office, 245 W. Houston St., New York, New York 10014.
</p><p>VA Regional Office, Niagra Center, 130 S. Elmwood Ave., Buffalo, New York 14202.
</p><p>North Carolina NC
</p><p>VA Regional Office, Federal Office Building, 251 North Main Street, Winston-Salem, North
Carolina 27155.
</p><p>North Dakota ND
</p><p>VA Regional Office, 2101 Elm St., Fargo, North Dakota 58102.
</p><p>Ohio OH
</p><p>VA Regional Office, Anthony J. Celebreeze Federal Office Bldg., 1240 East Ninth St.,
Cleveland, Ohio 44199.
</p><p>Oklahoma OK
</p><p>VA Regional Office, 125 South Main St., Muskogee, Oklahoma 74401.
</p><p>Oregon OR
</p><p>VA Regional Office, Edith Green/Wendell Wyatt Federal Building, 1220 S.W. Third Ave.,
Portland, Oregon 97204.
</p><p>Pennsylvania PA
</p><p>VA Regional Office, 1000 Liberty Ave., Pittsburgh, Pennsylvania 15222.
</p><p>VA Regional Office and Insurance Center, 5000 Wissahickon Ave., Philadelphia, Pennsylvania 19101.
</p><p>Philippines
</p><p>VA Regional Office and Outpatient Clinic, 1131 Roxas Blvd., Manila, Philippines; MAILING
ADDRESS from U.S.: VA Regional Office, PSC 501, DPO AP 96515-1100.
</p><p>Puerto Rico, Commonwealth of (including the Virgin Islands)
</p><p>VA Regional Office, 150 Carlos Chardon Ave., Suite 300, San Juan, Puerto Rico 00918.
</p><p>Rhode Island RI
</p><p>VA Regional Office, 380 Westminster Street, Providence, Rhode Island 02903.
</p><p>South Carolina SC
</p><p>VA Regional Office, 6437 Garners Ferry Rd., Columbia, South Carolina 29201.
</p><p>South Dakota SD
</p><p>VA Regional Office, P.O. Box 5046, 2501 W. 22nd St., Sioux Falls, South Dakota 57105.
</p><p>Tennessee TN
</p><p>VA Regional Office, 110 9th Ave. South, Nashville, Tennessee 37203.
</p><p>Texas TX
</p><p>VA Regional Office, 6900 Almeda Rd., Houston, Texas 77030.
</p><p>VA Regional Office, One Veterans Plaza, 701 Clay Ave., Waco, Texas 76799.
</p><p>Utah UT
</p><p>VA Regional Office, 550 Foothill Drive, Salt Lake City, Utah 84148.
</p><p>Vermont VT
</p><p>VA Regional Office, 215 North Main Street, White River Junction, Vermont 05001.
</p><p>Virginia VA
</p><p>VA Regional Office, 210 Franklin Rd., SW, Roanoke, Virginia 24011.
</p><p>Washington WA
</p><p>VA Regional Office, Federal Bldg., 915 Second Ave., Seattle, Washington 98174.
</p><p>West Virginia WV
</p><p>VA Regional Office, 640 4th Ave., Huntington, West Virginia 25701.
</p><p>Wisconsin WI
</p><p>VA Regional Office, 5400 W. National Ave., Milwaukee, Wisconsin 53214.
</p><p>Wyoming WY
</p><p>VA Regional Office and Medical Center, 2360 East Pershing Blvd., Cheyenne, Wyoming 82001.
</p></xhtmlContent></subsection></section>
<section id="63VA05" toc="yes">
<systemNumber>63VA05</systemNumber>
<subsection type="systemName">Grievance Records-VA
</subsection>
<subsection type="systemLocation"><xhtmlContent><p>These records are located in personnel or designated offices in the Veterans Administration
(VA) in which the grievances were filed.
</p></xhtmlContent></subsection>
<subsection type="categoriesOfIndividuals"><xhtmlContent><p>Current or former VA employees who have submitted grievances with the agency in accordance
with part 771 of OPM Regulations (5 CFR part 771); VA Personnel Manual MP-5, Part I, Chapter
771, and Part II, Chapter 8; or a negotiated procedure.
</p></xhtmlContent></subsection>
<subsection type="categoriesOfRecords"><xhtmlContent><p>The system contains records relating to grievances filed by agency employees under Part 771
of OPM Regulations and VA Personnel Manual MP-5, Part I, Chapter 771, and Part II, Chapter 8.
These case files contain all documents related to the grievance, including statements of witnesses,
reports of interviews and hearings, examiner's findings and recommendations, a copy of the original
and final decision, and related correspondence and exhibits. This system includes files and records
of internal grievance and arbitration systems that may be established through negotiations with
recognized labor organizations.
</p></xhtmlContent></subsection>
<subsection type="authorityForMaintenance"><xhtmlContent><p>5 U.S.C. 1302, 3301, 3302, E.O. 10577, 3 CFR 1954-1958 Comp. p218, E.O. 10987, 3 CFR
1959-1963 Comp. p519, 38 U.S.C. 4108 and 4115, agency employees, for personal relief in a
matter of concern or dissatisfaction which is subject to the control of agency management.
</p></xhtmlContent></subsection>
<subsection type="routineUsesOfRecords"><xhtmlContent><p>These records and information in these records may be used:
</p><p>1. To disclose pertinent information to the appropriate Federal, State, or local agency
responsible for investigating, prosecuting, enforcing, or implementing a statute, rule, regulation,
or order, where the disclosing agency becomes aware of an indication of a violation or potential
violation of civil or criminal law or regulation.
</p><p>2. To disclose information to any source from which additional information is requested in the
course of processing a grievance, to the extent necessary to identify the individual, inform the
source of the purpose(s) of the request and identify the type of information requested.
</p><p>3. To disclose information to a Federal agency, in response to its request, in connection with
the hiring or retention of an employee, the issuance of a security clearance, the conducting of a
security or suitability investigation of an individual, the classifying of jobs, the letting of a
contract, or the issuance of a license, grant, or other benefit by the requesting agency, to the
extent that the information is relevant and necessary to requesting the agency's decision on the
matter.
</p><p>4. To provide information to a congressional office from the record of an individual in response
to an inquiry from that congressional office made at the request of that individual.
</p><p>5. To disclose information to another Federal agency or to a court when the Government is party
to a judicial proceeding before the court.
</p><p>6. By the National Archives and Records Administration (General Services Administration) in
records management inspections conducted under authority of 44 U.S.C. 2904 and 2906.
</p><p>7. By the agency maintaining the records or the OPM in the production of summary descriptive
statistics and analytical studies in support of the function for which the records are collected and
maintained, or for related work force studies. While published statistics and studies do not contain
individual identifiers, in some instances, the selection of elements of data included in the study
may be structured in such a way as to make the data individually identifiable by inference.
</p><p>8. To disclose information to officials of the Merit Systems Protection Board, including the
Office of the Special Counsel, the Federal Labor Relations Authority and its General Counsel, or the
Equal Employment Opportunity Commission when requested in performance of their authorized duties.
</p><p>9. To disclose in response to a request for discovery or for appearance of a witness, information
that is relevant to the subject matter involved in a pending judicial or administrative proceeding.
</p><p>10. To provide information to officials of labor organizations reorganized under the Civil
Service Reform Act when relevant and necessary to their duties of exclusive representation
concerning personnel policies, practices, and matters affecting work conditions.
</p><p>13. 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.
</p><p>12. 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 hiring,
privileging/reprivileging, retention or termination of the applicant or employee.
</p><p>13. Relevant information from this system of records may be disclosed to the National
Practitioner Data Bank or to a State or local government licensing board which maintains records
concerning the issuance, retention or revocation of licenses, certifications, or registrations
necessary to practice an occupation, profession or specialty when under the following circumstances,
through a peer review process that is undertaken pursuant to VA policy, negligence, professional
incompetence, responsibility for improper care, and/or professional misconduct has been assigned to
a physician or licensed or certified health care practitioner: (1) On any payment in settlement (or
partial settlement) of, or in satisfaction of a judgment in, a medica1 malpractice action or claim;
or, (2) on any final decision that adversely affects the clinical privileges of a physician or
practitioner for a period of more than 30 days. These records may also be disclosed as part of a
computer matching program to accomplish these purposes.
</p></xhtmlContent></subsection>
<subsection type="policiesAndPractices"><xhtmlContent><p>Storage:</p>
<p>These records are maintained in file folders.
</p></xhtmlContent></subsection>
<subsection type="retrievability"><xhtmlContent><p>These records are retrieved by the names of the individuals on whom they are maintained.
</p></xhtmlContent></subsection>
<subsection type="safeguards"><xhtmlContent><p>These records are maintained in lockable metal filing cabinets to which only authorized
personnel have access.
</p></xhtmlContent></subsection>
<subsection type="retentionAndDisposal"><xhtmlContent><p>These records are disposed of three years after closing of the case. Disposal is by
shredding or burning.
</p></xhtmlContent></subsection>
<subsection type="systemManager"><xhtmlContent><p>Officials maintaining the system--Personnel Officer at station where employed (see
Appendix 1 for local addresses). Official responsible for policies and procedures--Assistant
Administrator for Personnel (05), VA Central Office, 810 Vermont Avenue, NW, Washington, DC 20420.
</p></xhtmlContent></subsection>
<subsection type="recordAccessProcedures"><xhtmlContent><p>It is required that individuals submitting grievances be provided a copy of the record under
the grievance process. They may, however, contact the agency personnel or designated office where
the action was processed regarding the existence of such records on them. They must furnish the
following information for their records to be located and identified:
</p><p>a. Name.
</p><p>b. Date of birth.
</p><p>c. Approximate date of closing of the case and kind of action taken.
</p><p>d. Organizational component involved.
</p></xhtmlContent></subsection>
<subsection type="contestingRecordProcedures"><xhtmlContent><p>It is required that individuals submitting grievances be provided a copy of the record under
the grievance process. However, after the action has been closed, an individual may request access
to the official copy of the grievance file by contacting the agency personnel or designated office
where the action was processed.
</p><p>Individuals must provide the following information for their records to be located and
identified:
</p><p>a. Name.
</p><p>b. Date of birth.
</p><p>c. Approximate date of closing of the case and kind of action taken.
</p><p>d. Organizational component involved.
</p><p>Individuals requesting access must also follow the VA's Privacy Act regulations regarding access
to records and verification of identity (38 CFR 1.577).
</p></xhtmlContent></subsection>
<subsection type="contestingRecordProcedures"><xhtmlContent><p>Review of requests from individuals seeking amendment of their records which have been the
subject of a judicial or quasi-judicial action will be limited in scope. Review of amendment
requests of these records will be restricted to determining if the record accurately documents the
action of the agency ruling on the case, and will not include a review of the merits of the action,
determination, or finding.
</p><p>Individuals wishing to request amendment to their records to correct factual errors should
contact the agency personnel or designated office where the grievance was processed. Individuals
must furnish the following information for their records to be located and identified:
</p><p>a. Name.
</p><p>b. Date of birth.
</p><p>c. Approximate date of closing of the case and kind of action taken.
</p><p>d. Organizational component involved.
</p><p>Individuals requesting amendment must also follow the VA Privacy Act regulations regarding
amendment to records and verification of identity (38 CFR 1.577).
</p></xhtmlContent></subsection>
<subsection type="recordSourceCategories"><xhtmlContent><p>Information in this system of records is provided:
</p><p>a. By the individual on whom the record is maintained.
</p><p>b. By testimony of witnesses.
</p><p>c. By agency officials.
</p><p>d. From related correspondence from organizations or persons.
</p></xhtmlContent></subsection></section>
    <section id="64VA10RCS " toc="yes">
        <systemNumber>64VA10RCS </systemNumber>

        <subsection type="systemName"> Readjustment Counseling Service (RCS) Vet Center Program-VA</subsection>
        <subsection type="systemLocation">
            <xhtmlContent>
                <p>(a) Vet Center Client Record:  Starting in fiscal year 2010 the location of the Client Record was transitioned from paper files maintained at each individual Vet Center to being electronically maintained in the national computerized intra-net database (RCSNet).  The RCSNet servers are located in Philadelphia, PA in a secure, protected, and approved VA OI&amp;T Service Delivery and Engineering (SDE) site maintained by OI&amp;T personnel.  Full confidentiality for RCS Veteran client information is maintained by limiting access to RCS qualified personnel with the appropriate authority to administer RCS program data systems.</p>
                <p>(b) Authorized RCS staff will have access to the Client Record via stand-alone computers located in locked RCS facilities:  Vet Centers, District Director Offices, and VA Central Office.</p>
                <p>(c) All paper Client Records established prior to 2010 are being archived and scanned copies have been are uploaded into RCSNet.</p>
            </xhtmlContent>
        </subsection>
        <subsection type="authorityForMaintenance">
            <xhtmlContent>
                <p>Title 38, United States Code, section 1712A.</p>
            </xhtmlContent>
        </subsection>
        <subsection type="purpose">
            <xhtmlContent>
                <p>The purpose of this system of records is to collect and maintain all demographic and clinical information required by Vet Center counselors to provide quality readjustment counseling to eligible Veterans, services members and their families.</p>
            </xhtmlContent>
        </subsection>
        <subsection type="categoriesOfIndividuals">
            <xhtmlContent>
                <p>The individuals covered include eligible Veterans and Servicemembers who request and/or are provided readjustment counseling, including the family members of eligible Veterans and Servicemembers.  Eligibility for readjustment counseling at Vet Centers includes any Veteran or Servicemember who served in the military in a theater of combat operations.  Vet Center eligibility also includes any Veteran or Servicemember who provided direct emergency medical or mental health care, or mortuary services, to the casualties of combat operations, but whose service at the time was outside of the combat theater.  Additionally, eligibility under this authority includes any Veteran or Servicemember who engaged in combat with an enemy by remotely controlling any aspect of unmanned aerial vehicle operations, regardless of whether the location of such operations was outside the combat theater. </p>
            </xhtmlContent>
        </subsection>
        <subsection type="categoriesOfRecords">
            <xhtmlContent>
                <p>The Client Record contains demographic personally identifiable information (PII) such as unique Veteran identification number, name, address, social security number, marital status, gender, birth date, military service information, Veteran eligibility information, referral source, and other identifying statistical information.  The Vet Center Client Record Client Record also contains protected health information (PHI) such as psychosocial assessment, military history, treatment plans and ongoing case progress notes documenting the course of service delivery.</p>
            </xhtmlContent>
        </subsection>
        <subsection type="recordSourceCategories">
            <xhtmlContent>
                <p>(1) Relevant forms to be filled out by Vet Center team members on first contact and each contact thereafter; counseling sessions with Veterans and other eligible counselees.  (2) Other VA and Federal agency systems.  (3) Relevant Veteran data protocols completed by Vet Center staff to document the course of readjustment counseling provided.</p>
            </xhtmlContent>
        </subsection>
        <subsection type="routineUsesOfRecords">
            <xhtmlContent>
                <p> VA may disclose protected health information pursuant to the following routine uses where required by law, or required or permitted by 45 CFR parts 160 and 164.</p>
                <p>1. The record of an individual who is covered by a system of records may be disclosed to a Member of Congress, or a staff person acting for the member, when the member or staff person requests the record on behalf of and at the written request of the individual.</p>
                <p>2. Disclosure may be made to the National Archives and Records Administration and the General Services Administration in records management inspections conducted under authority of Title 44, Chapter 29, of the United States Code (U.S.C.).</p>
                <p>3. Records from a system of records may be disclosed to the Department of Justice (DOJ), including U.S. Attorneys, or in a proceeding before a court, adjudicative body, or other administrative body when litigation or the adjudicative or administrative process is likely to affect VA, its employees, or any of its components is a party to the litigation or process, or has an interest in the litigation or process, and the use of such records is deemed by VA to be relevant and necessary to the litigation or process, provided that the disclosure is compatible with the purpose for which the records were collected.</p>
                <p>4. 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.</p>
                <p>5. 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.</p>
                <p>6. 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.</p>
                <p>7. Disclosure of information may be made when:  (1) It is suspected or 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 or integrity of this system or other systems or programs (whether maintained by the Department or another agency or entity) that rely upon the compromised information; and (3) the disclosure is to agencies, entities, and 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 disclosure by the Department to respond to a suspected or confirmed data breach, including the conduct of any risk analysis 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.</p>
                 </xhtmlContent>
    </subsection>
        <subsection type="policiesAndPractices">
            <xhtmlContent>
                <p>Vet Center Client Record Storage:</p>
                <p>(a) Client Records established during and after 2010 are electronically stored in the national computerized RCSNet servers located in Philadelphia, PA, in a secure, protected, and approved VA OI&amp;T Service Delivery and Engineering (SDE) environment maintained by OI&amp;T personnel.</p>
                <p>(b) Paper Client Records established prior to 2010 are stored in locked facilities at each individual Vet Center providing readjustment counseling throughout the country.</p>
            </xhtmlContent>
        </subsection>
        <subsection type="retrievability">
            <xhtmlContent>
                <p>The Vet Center Client Record is indexed by the Vet Center number in conjunction with the Veteran's name, social security number (SSN) and unique Veteran client number.</p>
            </xhtmlContent>
        </subsection>
        <subsection type="retentionAndDisposal">
            <xhtmlContent>
                <p>(a) All obsolete Vet Center paper client records are being archived through VA Records Management and will be retained at one or more of the authorized Department of Veterans Affairs Records Center Vaults for 50 years after the date of last activity.  Destruction of paper counseling folders will be by shredding.</p>
                <p>(b) The Client Record will be maintained for the duration of the program.  Destruction will be by deleting all sensitive information on all RCS national data support center servers and all stand-alone personal computers connected to the program electronic database located at all RCS Vet Centers, regional management offices, and RCS VACO</p>
            </xhtmlContent>
        </subsection>
        <subsection type="safeguards">
            <xhtmlContent>
                <p>(a) Access to the Vet Center Client Record is limited to authorized RCS staff (Vet Center, District Director Office, and/or the Office of the Chief Readjustment Counseling Officer in VACO) with a legitimate need to know connected to direct service delivery and/or the quality oversight of services provided.  RCS staff access to the electronic Vet Center Client Record is via standalone computers located in locked RCS facilities.  RCS program computers are user name and password protected.  Computer security is in compliance with RCS and VA computer security policy and protocol.</p>
                <p>(b) RCS staff access to the paper Client Record will be controlled by staff during working hours.  During after hours, records will be maintained in locked file cabinets.  In higher crime areas, Vet Center offices are equipped with alarm systems.</p>
                <p>(c) Access to Veterans’ or Servicemember’s counseling records by elements outside of RCS, VA or non-VA, is contingent upon the Veteran or Servicemember’s signed authorization, or to one of the routine uses identified above.</p>
            </xhtmlContent>
        </subsection>
        <subsection type="systemManager">
            <xhtmlContent>
                <p>Chief Readjustment Counseling Officer</p>
                <p>(10RCS), VA Central Office, 810 Vermont Ave, NW, Washington, DC 20420.</p>
            </xhtmlContent>
        </subsection>
        <subsection type="recordAccessProcedures">
            <xhtmlContent>
                <p>An individual (or duly authorized representative of such individual) who seeks access to or wishes to contest records maintained under his or her name or other personal identifier may write, call or visit the individuals listed under Notification Procedure below.</p>
            </xhtmlContent>
        </subsection>
        <subsection type="contestingRecordProcedures">
            <xhtmlContent>
                <p> (See Record Access Procedures above.)</p>
            </xhtmlContent>
        </subsection>
        <subsection type="notificationProcedure">
            <xhtmlContent>
                <p>A Veteran who wishes to determine whether a record is being maintained by the Readjustment Counseling Service Vet Center Program under his or her name or other personal identifier or wishes to determine the contents of such records should submit a written request or apply in person to: (1) The Team Leader of the Vet Center, or the RCS District Director having supervisory responsibility for the Vet Center, with whom he or she had contact, or (2) the Chief Readjustment Counseling Officer (10RCS), VA Central Office, 810 Vermont Ave, NW., Washington, DC 20420. Inquiries should include the individual's full name and social security number.</p>
            </xhtmlContent>
        </subsection>
        <subsection type="exemptionsClaimed">
            <xhtmlContent>
                <p>
                    None.
                </p>
            </xhtmlContent>
        </subsection>
    </section>

    <section id="64VA116" toc="yes">
<systemNumber>64VA116</systemNumber>
<subsection type="systemName">Vietnam Veterans Readjustment Counseling Program-VA
</subsection>
<subsection type="systemLocation"><xhtmlContent><p>(a) Counseling Folder: Maintained at each individual center (called Vet Centers) and at VA
medical centers providing readjustment counseling throughout the country. The locations of all Vet
Centers and VA medical centers providing readjustment counseling are listed in VA Appendix 2 .
Certain information extracted from the counseling folder is maintained at the St. Paul, Minnesota,
VA Data Processing Center (DPC).
</p><p>(b) Client Information File: Certain information extracted from the counseling folder is
maintained at the St. Paul, Minnesota, VA Data Processing Center (DPC).
</p></xhtmlContent></subsection>
<subsection type="categoriesOfIndividuals"><xhtmlContent><p>Individuals who request Vietnam veterans readjustment counseling, and/or receive
readjustment counseling, including veterans, family members, or other counselees who are eligible.
</p></xhtmlContent></subsection>
<subsection type="categoriesOfRecords"><xhtmlContent><p>(a) Counseling Folder: All written notes, forms, applications, and documentation deemed
necessary to provide continuity of care by the counselors and/or program officials. This would
include all information collected for the computerized data base.
</p><p>(b) Client Information File: Unique veteran identification number, team or medical center number,
marital status, birth date, service dates, branch of service, whether served in Vietnam, service
connection, types of problems, severity of problems, actions to be taken, source of action, status
of action, number of contacts that day, and other statistical information about services provided
that veteran.
</p></xhtmlContent></subsection>
<subsection type="authorityForMaintenance"><xhtmlContent><p>Title 38, United States Code, Section 612A.
</p></xhtmlContent></subsection>
<subsection type="routineUsesOfRecords"><xhtmlContent><p>None.
</p></xhtmlContent></subsection>
<subsection type="policiesAndPractices"><xhtmlContent><p>Storage:</p>
<p>(a) Counseling Folder: Paper documents stored in file folders.
</p><p>(b) Client Information File: Stored on magnetic tapes.
</p></xhtmlContent></subsection>
<subsection type="retrievability"><xhtmlContent><p>(a) Counseling Folder: Filed or indexed alphabetically by last name or unique Client Number.
</p><p>(b) Client Information File: Indexed by Vet Center or Station Number in conjunction with unique
Client Number.
</p></xhtmlContent></subsection>
<subsection type="safeguards"><xhtmlContent><p>(a) Counseling Folder: Access to records at Vet Centers will be controlled by Vet Center
staff during working hours. During other hours, records will be maintained in locked file cabinets.
In high crime areas, Vet Center offices are equipped with alarm systems. Access to readjustment
counseling records at VA medical centers will be restricted to the Outreach counseling staff on a
need-to-know basis.
</p><p>(b) Client Information File: The file area at the DPC is locked after duty hours and the building
is protected from unauthorized access by the Federal Protective Service.
</p></xhtmlContent></subsection>
<subsection type="retentionAndDisposal"><xhtmlContent><p>(a) Counseling Folder: The records will be retained at the Outreach Center or medical center
of origin and VA Central Office for approximately three years after the date of last activity and/or
after termination of the Outreach program, whichever is later. Destruction will be by shredding.
</p><p>(b) Client Information File: Maintained for the duration of the program. Destruction will be by
erasing the tapes.
</p></xhtmlContent></subsection>
<subsection type="systemManager"><xhtmlContent><p>Director, Readjustment Counseling Service (147), VA Central Office, Washington, DC 20420.
</p></xhtmlContent></subsection>
<subsection type="notificationProcedure"><xhtmlContent><p>An individual who wishes to determine whether a record is being maintained by the Veterans
Readjustment Program under his or her name or other person identifier or wishes to determine the
contents of such records should submit a written request or apply in person to: (1)The team leader
of the Vet Center or the Readjustment counselor at the VA medical center with whom he or she had
contact, or (2) Director, Readjustment Counseling Service (147), VA Centrak Office, Washington, DC
20420.
</p><p>Inquiries should include the individual's full name and social security number.
</p></xhtmlContent></subsection>
<subsection type="recordAccessProcedures"><xhtmlContent><p>An individual (or duly authorized representative of such individual) who seeks access to or
wishes to contest records maintained under his or her name or other personal identifier may write,
call or visit the above named individuals.
</p></xhtmlContent></subsection>
<subsection type="contestingRecordProcedures"><xhtmlContent><p>(See Record access procedures above.)
</p></xhtmlContent></subsection>
<subsection type="recordSourceCategories"><xhtmlContent><p>(1) Relevant forms to be filled out by Vet Center team members on first contact and each
contact thereafter; counseling sessions with veterans and other eligible counselees. (2) Other VA
and Federal agency systems.
</p></xhtmlContent></subsection></section>
<section id="65VA122" toc="yes">
<systemNumber>65VA122</systemNumber>
<subsection type="systemName">Community Placement Program--VA.
</subsection>
<subsection type="systemLocation"><xhtmlContent><p>Records are maintained at each VA health care facility; the VA Data Processing Center (DPC),
1615 East Woodward Street, Austin, Texas 78772; and at VA Central Office, 810 Vermont Avenue, NW.,
Washington, DC 20420. Addresses for the VA health care system are listed in VA Appendix I at the end
of this document.
</p></xhtmlContent></subsection>
<subsection type="categoriesOfIndividuals"><xhtmlContent><p>Individuals who operate a Community Placement facility approved for placement of VA
beneficiaries; VA beneficiaries in Community Placement facilities.
</p></xhtmlContent></subsection>
<subsection type="categoriesOfRecords"><xhtmlContent><p>The record, or information contained in the record, may include personal identification
information with data on the Community Placement facility, name of operator, address, phone number,
name of veterans receiving care in these homes, a statement as to whether the veterans' medical
conditions have been rated as service-connected or nonservice-connected, the veterans' social
security number and the names, addresses and phone numbers of the veterans' next-of-kin; overall
data regarding diagnoses of veterans in the facility, date the facility was last approved for
participation, statement regarding whether or not the home is required to be licensed by the State
and/or local government, copies of correspondence exchange between the VA and the persons interested
in applying for participation in the Community Placement Program.
</p></xhtmlContent></subsection>
<subsection type="authorityForMaintenance"><xhtmlContent><p>Title 38, U.S.C. 210(c), 610 and 4101.
</p><p>Purpose:</p>
<p>Records is to provide administrative documentation of State and/or local active licensed
Department of Veterans Affairs (VA) Community Placement Program agencies.
</p></xhtmlContent></subsection>
<subsection type="routineUsesOfRecords"><xhtmlContent><p>To the extent that records contained in the system include information protected by 45 CFR
parts 160 and 164, <i>i.e.,</i> individually identifiable health information, and 38 U.S.C. 7332, <i
>i.e.,</i> 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 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.
</p><p>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 record
on behalf of and at the request of that individual.
</p><p>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.
</p><p>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 that agency;
provided that, if the information requested pertains to a veteran, the name and/or address of the
veteran will not be disclosed unless the name and/or address is provided first by the requesting
State or local agency.
</p><p>4. Any information in this system may be disclosed to a Federal, State or local governmental
agency maintaining civil or criminal violation records, or other pertinent information such as prior
employment history, prior Federal employment background investigations, and personal or educational
background at the request of the veteran 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.
</p><p>5. 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.
</p><p>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.
</p><p>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 or a purpose authorized by law.
</p><p>8. Any information in this system including the name and address of a veteran may be disclosed to
any nonprofit organization if the release is directly connected with the conduct of programs and the
utilization of benefits under Title 38 U.S.C. (such disclosures include computerized lists of names
and addresses.)
</p><p>9. Any information in this system may be disclosed to a Federal agency, except for the name and
address of a veteran, in order for the VA to obtain information relevant to the issuance of a
benefit under Title 38 U.S.C. The name and address of a veteran may be disclosed to a Federal agency
under this routine use if they are required by the Federal agency to respond to the VA inquiry.
</p><p>10. Disclosure may be made to the National Archives and Records Administration (and the General
Services Administration in records management inspections conducted under authority of Title 44
U.S.C.
</p><p>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 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
that is compatible with the purpose for which VA collected the records.
</p><p>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.
</p><p>13. 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.
</p><p>14. 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.
</p></xhtmlContent></subsection>
<subsection type="policiesAndPractices"><xhtmlContent><p>Storage:</p>
<p>Records are maintained on magnetic tapes which are stored at the Austin DPC, and paper
documents (printouts) are maintained at VA Central Office and the health care facilities.
</p></xhtmlContent></subsection>
<subsection type="retrievability"><xhtmlContent><p>Information can be retrieved by the use of veteran's name, social security number and by
facility operator's name and location.
</p></xhtmlContent></subsection>
<subsection type="safeguards"><xhtmlContent><p>Access to the basic file in the Austin DPC is restricted to authorized VA employees and
vendors. Access to the computer room where the basic file is maintained within the DPC is further
restricted to authorized VA employees and vendor personnel on a "need to know" basis and
is protected from unauthorized access by an alarm system, the Federal Protective Service and VA
security personnel. Access to paper documents at Central Office and VA health care facilities is
restricted to authorized VA employees.
</p></xhtmlContent></subsection>
<subsection type="retentionAndDisposal"><xhtmlContent><p>Working magnetic tapes at the DPC are disposed of as soon as the purpose for which they were
established has been served. Paper documents are to be retained and disposed of in accordance with
authorization approved by the Archivist of the United States.
</p></xhtmlContent></subsection>
<subsection type="systemManager"><xhtmlContent><p>Director, Social Work Service (141A10), VA Central Office, Washington, DC 20420.
</p></xhtmlContent></subsection>
<subsection type="notificationProcedure"><xhtmlContent><p>Any individual who wishes to determine whether a record is being maintained in this system
under his/her or other personal identifier, or wants to determine the contents of such record should
submit a written request or apply in person to the Chief, Social Work Service (122) at the
appropriate VA health care facility. Addresses for these offices may be found in VA Appendix I at
the end of this document. Inquiries should include the individual's full name and identification
number (social security number).
</p></xhtmlContent></subsection>
<subsection type="recordAccessProcedures"><xhtmlContent><p>Individuals seeking information regarding access to and contesting of VA records in this
system may write, call or visit the nearest appropriate health care facility.
</p></xhtmlContent></subsection>
<subsection type="contestingRecordProcedures"><xhtmlContent><p>(<i>See</i> Record Access Procedures above.)
</p></xhtmlContent></subsection>
<subsection type="recordSourceCategories"><xhtmlContent><p>Information contained in the records is obtained from individuals requesting participation
in the Community Placement Program; the patient, family members or accredited representative, and
friends, employers or other third parties when otherwise unobtainable from the patient or his
family; various automated clinical and managerial systems providing support at selected VA health
care facilities; and the patient Consolidated Medical Records sections of the VA Medical Records
System.
</p></xhtmlContent></subsection></section>
<section id="66VA53" toc="yes">
<systemNumber>66VA53</systemNumber>
<subsection type="systemName">Inspector General Hotline (Complaint Center) Records (66VA53).
</subsection>
<subsection type="systemLocation"><xhtmlContent><p>Department of Veterans Affairs (VA), Office of Inspector General (OIG), Office of Assistant
Inspector General for Management and Administration (53), Washington, DC 20420.
</p></xhtmlContent></subsection>
<subsection type="categoriesOfIndividuals"><xhtmlContent><p>The following categories of individuals will be covered by the system: individuals who are
the subjects of complaints and complainants. Subjects and complainants may be VA employees or third
parties (<i>e.g.</i>, a veteran, VA beneficiary, contractor, or private citizen). Complaints and
information about OIG employees are also covered in this system. Subjects of Hotline complaints are
those alleged to have engaged in wrongdoing or impropriety, either criminal, civil, or
administrative, either in the performance of their official VA duties or related to the programs and
operations of VA. The allegations are made to the OIG Hotline by complainants, who are individuals
who have reported the possible existence of an activity constituting a violation of law, rule or
regulation, or mismanagement, gross waste of funds, abuse of authority or a substantial and specific
danger to the public health and safety. Complaints also may be made anonymously.
</p></xhtmlContent></subsection>
<subsection type="categoriesOfRecords"><xhtmlContent><p>Records (or information contained in records) in this system may include: (1) The name, home
and work address, e-mail address, and home, work and cellular phone numbers of the complainant; (2)
the name, title, date of birth, Social Security Number and home and work address of the subject of
the complaint; and (3) the location and nature of the alleged wrongdoing. The records maintained in
this system may also include: (1) documentation and other evidence from the complainant; (2)
correspondence between the VA OIG Office of Management and Administration (53) and other components
of the Office of Inspector General, agency departments, and the complainant; and (3) restricted
reports based on the investigation of the alleged wrongdoing or impropriety.
</p></xhtmlContent></subsection>
<subsection type="authorityForMaintenance"><xhtmlContent><p>Title 5, United States Code, Appendix 3.
</p></xhtmlContent></subsection>
<subsection type="purpose"><xhtmlContent><p>Records and information in this system are used to record information related to official
complaints made to the VA OIG. The Hotline Division is the OIG's complaint center and serves as the
recipient of all types of complaints about impropriety and wrongdoing related to VA programs and
operations. The specific information about each complaint, including name of complainant, name of
subject, and the allegations of improper conduct, is recorded and then forwarded to the appropriate
entity for investigation, review, or resolution. The information is used to provide prompt,
responsive, and accurate information regarding the status of Hotline complaints. The information is
also used to provide a record of the complaint disposition and statistical information about
complaints.
</p></xhtmlContent></subsection>
<subsection type="routineUsesOfRecords"><xhtmlContent><p>1. Disclosure may be made to a congressional office from the record of an individual in
response to an inquiry from the congressional office that is made at the request of that individual.
</p><p>2. Disclosure may be made to the National Archives and Records Administration (NARA) in records
management activities and inspections conducted under authority of Title 44, United States Code.
</p><p>3. Disclosure may be made to the Department of Justice including United States Attorneys, or in a
proceeding before a court, adjudicative body, or other administrative body when the litigation or
adjudicative or administrative process is likely to affect VA, its employees, or any of its
components, or when VA, its employees, or any of its components is a party to the litigation
process, or has an interest in the litigation or process and the use of these records is deemed by
VA to be relevant and necessary to the litigation or process, provided that the disclosure is
compatible with the purpose for which the records were collected.
</p><p>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 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.
</p><p>5. VA may disclose on its own initiative any information in this system, except the names and
home addresses of veterans and their dependents, which is relevant to a suspected 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, 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. On its own initiative, VA may also disclose the names and addresses of veterans and
dependents to a Federal or state 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, rule, or order issued pursuant thereto.
</p><p>6.  To assist attorneys in representing their clients, any information in this system may be
disclosed to attorneys representing subjects of investigations, including veterans, Federal
government employees, retirees, volunteers, contractors, subcontractors, or private citizens, except
where VA has decided release is inappropriate under Title 5, United States Code, Section 552a(j) and
(k).
</p><p>7.  Disclosure of information to Federal Labor Relations Authority (FLRA), including its General
Counsel, when requested in connection with the investigation and resolution of allegations of unfair
labor practices, in connection with the resolution of exceptions to arbitrator awards when a
question of material fact is raised, in connection with matters before the Federal Service Impasses
Panel, and to investigate representation petitions and conduct or supervise representation
elections.
</p><p>8.  Information may be disclosed to the Equal Employment Opportunity Commission when requested in
connection with investigations of alleged or possible discriminatory 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.
</p><p>9.  Information may be disclosed to officials of the Merit Systems Protection Board, and the
Office of Special Counsel, when properly requested in connection with appeals, special studies of
the civil service and other merit systems, reviews of rules and regulations, investigation of
alleged or possible prohibited personnel practices, and such other functions, promulgated in Title
5, United States Code, Sections 1205 and 1206, or as may be authorized by law.
</p><p>10.  Any information in this system of records may be disclosed, in the course of presenting
evidence in or to a court, magistrate, administrative tribunal, or grand jury, including disclosures
to opposing counsel in the course of such proceedings or in settlement negotiations.
</p><p>11.  Any information in this system may be disclosed to any source or person, either private or
governmental, to the extent necessary to secure from such source or person information relevant to,
and sought in furtherance of, a legitimate investigation, review, or inspection.
</p><p>12.  Any information in this system, except the name and address of a veteran,  may be disclosed
to Federal, state, or local professional, regulatory, or disciplinary organizations or associations,
including but not limited to bar associations, state licensing boards, and similar professional
entities, for use in disciplinary proceedings and inquiries preparatory thereto, where VA determines
that there is good cause to question the legality or ethical propriety of the conduct of a person
employed by VA or a person representing a person in a matter before VA.  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.
</p><p>13. VA may disclose information to individuals, organizations, private or public agencies, or
other entities with which 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.
</p><p>14.  Disclosure of any information within this system may be made when it is suspected or
confirmed that the security or confidentiality of information in the system or records has been
compromised and VA has determined that as a result of the suspected or confirmed compromise there is
a risk of harm to economic or property interest, identity theft or fraud, or harm to the security or
integrity of this system or other systems or programs (whether maintained by VA or another agency or
entity) that rely upon the compromised information; and the disclosure is made to such agencies,
entities, and persons who are reasonably necessary to assist in connection with VA's efforts to
respond to the suspected or confirmed compromise and prevent, minimize, or remedy such harm.
</p></xhtmlContent></subsection>
<subsection type="policiesAndPractices"><xhtmlContent><p>Records and information are stored electronically in the VA OIG's MCI (Master Case Index)
databases and servers at the OIG's headquarters office at 801 I Street, NW., Washington, DC 20420,
in the office of the OIG's Information Technology Division.  Backup records are stored on magnetic
disc, tape and CD-ROM and may also be retained in hard copy format in secure file folders.
The VA OIG Hotline Division is responsible for electronically inputting records and information
received from complainants, referrals and correspondence related to the initiation of a Hotline
case, and final reports.  Information inputted electronically includes all correspondence to and
from the complainant, correspondence (including e-mail messages) to and among VA OIG organizational
elements about the complaint, and correspondence to and from any VA component to which the Hotline
case was referred.  Complaints and information about OIG employees, including all investigative
reports and work papers, are maintained in electronic files with restricted access limited to those
with a need to know the information in the performance of their official duties in the VA OIG Office
of Investigations, VA OIG Human Resources Management Division, VA OIG attorneys, and VA OIG
management officials responsible for supervising the VA OIG employee who is the subject of the
internal investigation.
</p><p>Hard copies of records and information are discussed in the storage section below.
</p><p>Storage:</p>
<p>Hard copies of documents and information are maintained by the OIG organization that
conducts the review, inspection, or investigation.  For example, the Administrative Investigations
Division, at VA OIG headquarters, maintains hard copies of an investigative file which contains the
case referral from Hotline, the final report, all documentation supporting the final report, draft
reports, correspondence, and all information collected as part of the investigation.  Similarly, the
VA OIG Office of Healthcare Inspections (OHI) maintains hard copies of its Hotline investigations
(final reports and supporting documentation) related to individuals at VA OIG headquarters.  Other
records and information (i.e., work papers) about investigations related to individuals compiled by
OHI are maintained in the OHI field office that conducted the investigation.  Any internal VA OIG
investigations conducted prior to the implementation of electronic files, on VA OIG employees who
are the subject of a Hotline complaint, are maintained in hard copy only and are secured in the
Office of Investigations, Analysis and Oversight Division (51X).  Access to those files is highly
restricted.
</p></xhtmlContent></subsection>
<subsection type="retrievability"><xhtmlContent><p>OIG Hotline cases are assigned a Hotline case number in the MCI system.  Records are
retrieved by the Hotline case numbers.  In addition, electronic records may be retrieved by the
names of the complainants and names of the subjects of the complaints, retrieved by such persons'
title, or by their Social Security number, if entered.  It is important to note that scanned
documents, reports and other uploaded information that are made part of the Hotline file are not
searched or retrieved from the MCI database as part of a general search.  Hard copy paper Hotline
files are retrieved by the Hotline case number only.
</p></xhtmlContent></subsection>
<subsection type="safeguards"><xhtmlContent><p>Information in the system is protected from unauthorized access through administrative,
physical, and technical safeguards.  Access to the hard copy and computerized information is
restricted to authorized OIG personnel on a need-to-know basis.  Hard copy records are maintained in
offices that are restricted during work hours, or are locked after duty hours.  The headquarters
building is protected by security guards and access is restricted during non-duty hours.  Access to
the computerized information is limited to VA OIG employees by means of passwords and authorized
user identification codes.  Computer system documentation is maintained in a secure environment in
the Office of Inspector General, VA Central Office.
</p></xhtmlContent></subsection>
<subsection type="retentionAndDisposal"><xhtmlContent><p>Records will be maintained and disposed of in accordance with a records disposition
authority approved by the Archivist of the United States.
</p></xhtmlContent></subsection>
<subsection type="systemManager"><xhtmlContent><p>Assistant Inspector General for Management and Administration (53), Department of Veterans
Affairs, Office of Inspector General, 810 Vermont Avenue, NW., Washington, DC 20420.
</p></xhtmlContent></subsection>
<subsection type="notificationProcedure"><xhtmlContent><p>An individual who wishes to determine whether a record is being maintained by the VA OIG
Hotline, under his or her name in this system or wishes to determine the contents of such records
should submit a written request to the Assistant Inspector General for Management and Administration
(53).  However, a majority of records in this system are exempt from the notification 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 notification.  A determination as to whether an exemption
applies shall be made at the time a request for notification is received.
</p></xhtmlContent></subsection>
<subsection type="recordAccessProcedures"><xhtmlContent><p>An individual who seeks access to or wishes to contest records maintained under his or her
name in this system must submit a written request to the Assistant Inspector General for Management
and Administration (53).  However, a majority of records in this system are exempt from the records
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.
</p></xhtmlContent></subsection>
<subsection type="contestingRecordProcedures"><xhtmlContent><p>(See records access procedures above.)
</p></xhtmlContent></subsection>
<subsection type="recordSourceCategories"><xhtmlContent><p>Information is obtained from VA employees, third parties (e.g., a veteran, VA beneficiary,
VA contractor, or private party), the Government Accountability Office, Department of Veterans
Affairs records, congressional, Federal, state, and local offices or agencies.
</p></xhtmlContent></subsection>
<subsection type="systemsExempted"><xhtmlContent><p>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, Public Law 95-452 (IG Act), mandates that the
Inspector General recommend policies for and to conduct, supervise, and coordinate activities in the
Department of Veterans Affairs and between VA and other Federal, State and local governmental
agencies with respect to:  (1) The prevention and detection of fraud in programs and operations
administered or financed by VA and (2) the identification and prosecution of participants in such
fraud.  Under the IG 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 Assistant Inspector General
for Investigations. These activities constitute a principal function of the Inspector General's
Hotline/Complaint Center staff.
</p><p>In addition to principal functions pertaining to the enforcement of criminal laws, the Inspector
General may receive and investigate complaints and allegations from various sources concerning the
possible existence of activities constituting noncriminal violations of law, rules or regulations;
mismanagement; gross waste of funds; abuses of authority or substantial and specific danger to the
public health and safety.  This system of records also exists to support inquiries by the Assistant
Inspectors General for Auditing, for Management and Administration and for Healthcare Inspections
into these non-criminal violations.  Based upon the foregoing, the Secretary 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):
</p><p>5 U.S.C. 552a(c) (3) and (4)
</p><p>5 U.S.C. 552a(d)
</p><p>5 U.S.C. 552a(e) (1), (2) and (3)
</p><p>5 U.S.C. 552a(e)(4) (G), and (H) and (I)
</p><p>5 U.S.C. 552a(e) (5) and (8)
</p><p>5 U.S.C. 552a(f)
</p><p>5 U.S.C. 552a(g)
</p><p>The Secretary of Veterans Affairs has also 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):
</p><p>5 U.S.C. 552a(c)(3)
</p><p>5 U.S.C. 552a(d)
</p><p>5 U.S.C. 552a(e)(1)
</p><p>5 U.S.C. 552a(e)(4) (G), (H) and (I)
</p><p>5 U.S.C. 552a(f)
</p><p><i>REASONS FOR EXEMPTIONS:
</i></p><p>The exemption of information and material in this system of records is necessary in order to
accomplish the law enforcement functions of the Office of Inspector General, e.g., to prevent
subjects of investigations from frustrating the investigatory process by discovering the scope and
progress of an investigation, to  prevent the disclosure of investigative techniques, to fulfill
commitments made to protect the confidentiality of sources, to maintain access to sources of
information and to avoid endangering these sources and law enforcement personnel.
</p></xhtmlContent></subsection></section>
<section id="68VA05" toc="yes">
<systemNumber>68VA05</systemNumber>
<subsection type="systemName">VA Employee Counseling Services Program Records-VA
</subsection>
<subsection type="systemLocation"><xhtmlContent><p>These records are located at VA facilities (See Appendix 1) and at other Federal, State, or
local government or private sector agencies or institutions which have agreements with the VA to
provide counseling to VA employees or family members with alcohol, drug or emotional or personal
health problems.
</p></xhtmlContent></subsection>
<subsection type="categoriesOfIndividuals"><xhtmlContent><p>Categories of individuals who may be covered by the system include current or former VA
employees or immediate family members of VA employees who have been counseled or otherwise treated
regarding alcohol or drug abuse or for personal or emotional health problems.
</p></xhtmlContent></subsection>
<subsection type="categoriesOfRecords"><xhtmlContent><p>The records (or information contained in records) may include records and documents related
to employee visits to counselors, diagnosis, recommended treatment, prognosis, results of treatment,
and other notes or records of discussions held by a program counselor with the employee, employee's
family members or supervisors. Records in this system may also contain documentation of treatment at
a Federal, State, local government, private agencies, or institutions which have agreements with the
VA to provide counseling to VA employees or family members with alcohol, drug or personal or
emotional health problems.
</p></xhtmlContent></subsection>
<subsection type="authorityForMaintenance"><xhtmlContent><p>5 U.S.C. 7901, 21 U.S.C. 1101, 42 U.S.C. 4541 and 4561 and 44 U.S.C. 3101.
</p></xhtmlContent></subsection>
<subsection type="routineUsesOfRecords"><xhtmlContent><p>1. Any information in this system may be disclosed to approved third parties for the purpose
of conducting scientific research, management audits, financial audits, or program evaluations;
however, such third parties may not identify, directly or indirectly, any individual patient or
subject in any report of such research, audit or evaluation, or otherwise disclose patient or
subject identities in any manner.
</p><p>2. Any information in this system may be disclosed to the Department of Justice, or, when
appropriate, to other Federal agencies, in order for the VA or another Federal agency to defend any
claims against the United States arising from the treatment or counseling of an employee or family
member with alcohol, drug, emotional or personal health problems.
</p></xhtmlContent></subsection>
<subsection type="policiesAndPractices"><xhtmlContent><p>Storage:</p>
<p>These records are maintained on paper documents in file folders.
</p></xhtmlContent></subsection>
<subsection type="retrievability"><xhtmlContent><p>These records are retrieved by the names of the individuals on whom they are maintained.
</p></xhtmlContent></subsection>
<subsection type="safeguards"><xhtmlContent><p>These records are maintained in locked file cabinets with access limited to the program
Counselor or Coordinator.
</p></xhtmlContent></subsection>
<subsection type="retentionAndDisposal"><xhtmlContent><p>Records are maintained for three years after the employee's last contact with the Counselor,
or for three years after the employee's separation or transfer, whichever comes first. Records are
destroyed by shredding or burning.
</p></xhtmlContent></subsection>
<subsection type="systemManager"><xhtmlContent><p>Assistant Deputy Administrator for Personnel Labor Relations (05), 810 Vermont Avenue, NW,
Washington, DC 20420.
</p></xhtmlContent></subsection>
<subsection type="notificationProcedure"><xhtmlContent><p>VA employees or family members wishing to inquire whether this system of records contains
information about them should contact the VA Employee Alcoholism and Drug Abuse or Counseling
Services Program Counselor or Coordinator who arranged for counseling or treatment. Individuals must
furnish their name and date of birth for their records to be located and identified.
</p></xhtmlContent></subsection>
<subsection type="recordAccessProcedures"><xhtmlContent><p>VA employees or family members wishing to request access to records pertaining to them
should contact the VA Employee Alcoholism and Drug Abuse or Counseling Services Program Counselor or
Coordinator who arranged for counseling or treatment. Individuals must furnish their name and date
of birth for their records to be located and identified.
</p><p>An individual must also follow the VA's Privacy Act regulations and procedures regarding
verification of identity and amendment of records.
</p></xhtmlContent></subsection>
<subsection type="contestingRecordProcedures"><xhtmlContent><p>VA employees or family members wishing to request amendment to these records should contact
the Program Counselor or Coordinator who arranged for counseling or treatment. Individuals must
furnish their name and date of birth for their records to be located and identified.
</p><p>An individual must also follow the VA's Privacy Act regulations and procedures regarding
verification of identity and amendment of records.
</p></xhtmlContent></subsection>
<subsection type="recordSourceCategories"><xhtmlContent><p>Information in this system of records comes from the individual to whom it applies, the
supervisor of the employee, if the employee was referred by a supervisor for counseling, the Program
Counselors or Coordinators who recorded counseling sessions, and therapists or institutions
providing treatment.
</p></xhtmlContent></subsection></section>
<section id="69VA131" toc="yes">
<systemNumber>69VA131</systemNumber>
<subsection type="systemName">Ionizing Radiation Registry-VA
</subsection>
<subsection type="systemLocation"><xhtmlContent><p>Character-based data from Ionizing Radiation Code Sheets are maintained in a registry data
set at the Austin Automation Center (AAC), 1615 Woodward Street, Austin, Texas 78772. Since the data
set at the AAC is not all-inclusive, i.e., narratives, signatures, etc., noted on the code sheets
are not entered into this system, images of the code sheets are maintained at the Department of
Veterans Affairs, Environmental Agents Service (131), 810 Vermont Avenue, NW., Washington, DC 20420.
These are electronic images of paper records, i.e., code sheets, medical records, questionnaires and
correspondence that are stored on optical disks.
</p><p>The secure web-based data entry system is maintained by the AAC and provides retrievable images
to users. The optical disk system is currently being utilized where there is no access to the secure
web-based system. However, the optical disk system is scheduled to be discontinued in 2004 and all
access to the Ionizing Radiation Registry (IRR) system will be through the secure web-based data
entry system.
</p></xhtmlContent></subsection>
<subsection type="categoriesOfIndividuals"><xhtmlContent><p>Veterans who may have been exposed to ionizing radiation while on active military duty and
have had an IRR examination at a Department of Veterans Affairs (VA) medical facility under
conditions described in Title 38 United States Code (U.S.C.) 1710(e)(1)(B) and 1720E. These
conditions include:
</p><p>1. On-site participation in a test involving the atmospheric detonation of a nuclear device at a
nuclear device testing site--the Pacific Island, e.g., Bikini, New Mexico, Nevada, etc.
(whether or not the testing nation was the United States);
</p><p>2. Participation in the occupation of Hiroshima or Nagasaki, Japan, from August 6, 1945, through
July 1, 1946;
</p><p>(a) Internment as a POW in Japan during World War II which the Secretary of Veterans Affairs
determines resulted in an opportunity for exposure to ionizing radiation comparable to that of
veterans involved in the occupation of Hiroshima or Nagasaki, Japan;
</p><p>3. Treatment with nasopharyngeal (NP) radium irradiation while in the active military, naval or
air service; and
</p><p>4. Participated in radiation-risk activities at the:
</p><p>(a) Department of Energy gaseous diffusion plants at Paducah, KY, Portsmouth, OH, or K25 area at
Oak Ridge, TN, for at least 250 days before February 1, 1992;
</p><p>(b) Underground nuclear tests at Amchitka Island, AK, before January 1, 1974.
</p></xhtmlContent></subsection>
<subsection type="categoriesOfRecords"><xhtmlContent><p>These records consist of code sheet records containing VA facility code identifier where the
veteran was examined or treated; veteran's name; address; social security number; military service
serial number; claim number; date of birth; telephone number; sex; report of birth defects among
veteran's children or grandchildren; dates of medical examinations; consultations; radiogenic
related diseases; and name and signature of examiner/physician coordinator.
</p><p>In addition, there may be medical records with information relating to the examination and/or
treatment, including laboratory findings on vision, hearing, blood tests, electrocardiograms, chest
x-rays, urinalysis, laboratory report displays, medical certificates to support diagnosis; progress
notes; military unit assignments; questionnaires; correspondence relating to veteran's exposure
history; personal history, e.g., education, marital status, occupational history, family history,
complaints/symptoms; personal medical history, habits, recreation, reproductive and family history,
physical measurements; military discharge records; and VA claims for compensation.
</p></xhtmlContent></subsection>
<subsection type="authorityForMaintenance"><xhtmlContent><p>Title 38, United States Code (U.S.C.) 1710(e)(1)(B) and 1720E.
</p></xhtmlContent></subsection>
<subsection type="purpose"><xhtmlContent><p>The records will be used for the purpose of providing information about veterans who have
had an IRR examination at a VA facility; assisting in generating hypotheses for research studies;
providing management with the capability to track patient demographics, and radiogenic related
diseases; and planning and delivery of health care services and associated costs. The records are
used to assist in generating hypotheses for research studies. Because of the self-selected nature of
the registry participants, i.e., the individuals decide themselves to be part of the registry rather
than being "chosen" in a scientific manner, this group cannot be used for scientific research.
However, the IRR may assist researchers by providing clues or suggestions of specific health
problems that then form the basis for the design and conduct of specific scientific studies.
</p></xhtmlContent></subsection>
<subsection type="routineUsesOfRecords"><xhtmlContent><p>VA may disclose protected health information pursuant to the following routine uses where
required by law, or required or permitted by 45 CFR parts 160 and 164.
</p><p>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 record
on behalf of, and at the written request of, that individual.
</p><p>2. Disclosure of records covered by this system, as deemed necessary and proper to named
individuals serving as accredited service organization representatives, and other individuals named
as approved agents or attorneys for a documented purpose and period of time, to aid beneficiaries in
the preparation and presentation of their cases during the verification and/or due process
procedures, and in the presentation and prosecution of claims under laws administered by VA.
</p><p>3. A record containing the name(s) and address(es) of present or former members of the armed
services and/or their dependents may be released from this system of records under certain
circumstances:
</p><p>(a) To any nonprofit organization if the release is directly connected with the conduct of
programs and the utilization of benefits under Title 38, and
</p><p>(b) To any criminal or civil law enforcement 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 standing written request that such name(s)
or address(es) be provided for a purpose authorized by law; provided, further, that the record(s)
will not be used for any purpose other than that stated in the request and that the organization,
agency or instrumentality is aware of the penalty provision of 38 U.S.C. 5701(f).
</p><p>4. Disclosure may be made to the National Archives and Records Administration (NARA) in records
management inspections conducted under authority of Title 44 U.S.C.
</p><p>5. Disclosure of information, excluding name and address (unless name and address is furnished by
the requestor) for research purposes determined to be necessary and proper, to epidemiological and
other research facilities approved by the Under Secretary for Health.
</p><p>6. In order to conduct Federal research necessary to accomplish a statutory purpose of an agency,
at the written request of the head of the agency, or designee of the head of that agency, the
name(s) and address(es) of present or former personnel or the Armed Services and/or their dependents
may be disclosed
</p><p>(a) To a Federal department or agency or
</p><p>(b) Directly to a contractor of a Federal department or agency. When a disclosure of this
information is to be made directly to the contractor, VA may impose applicable conditions on the
department, agency, and/or contractor to insure the appropriateness of the disclosure to the
contractor.
</p><p>7. 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 VA to respond to and comply with the issuance of a Federal subpoena.
</p><p>8. Any information in this system may be disclosed to a state or municipal grand jury, a state or
municipal court or a party in a 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 VA to respond to and comply with the issuance of a state or municipal subpoena;
provided, that any disclosure or claimant information made under this routine use must comply with
the provisions of 38 CFR 1.511.
</p><p>9. VA may disclose on its own initiative any information in this system, except the names and
home addresses of veterans and their dependents, which is relevant to a suspected 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, 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. On its own initiative, VA may also disclose 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, rule or order issued pursuant thereto.
</p><p>10. For program review purposes and the seeking of accreditation and/or certification, disclosure
may be made to survey teams of the Joint Commission on Accreditation of Healthcare Organizations
(JCAHO), College of American Pathologists, American Association of Blood Banks, and similar national
accreditation agencies or boards with whom VA has a contract or agreement to conduct such reviews,
but only to the extent that the information is necessary and relevant to the review.
</p><p>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 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
that is compatible with the purpose for which VA collected the records.
</p><p>12. 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.
</p><p>13. 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 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.
</p></xhtmlContent></subsection>
<subsection type="policiesAndPractices"><xhtmlContent><p>Storage:</p>
<p>In 2003, the data collection process moved to a secure web-based system. Data previously
recorded manually and converted to electronic format is now input through the secure VA Intranet
system. Data is stored on a web server hosted by the AAC and is retrievable by the facility. Three
levels of access are provided for the data that is input, using password security linked to the AAC
Top Secret Security system, with mandated changes every 90 days. Data from individual facilities is
uploaded nightly and stored on Direct Access Storage Devices at the AAC, Austin, Texas, and on
optical disks at VA Central Office, Washington, DC. AAC stores registry tapes for disaster back up
at an off-site location. VA Central Office also has back-up optical disks stored off-site. In
addition to electronic data, registry reports are maintained on paper documents and microfiche.
</p><p>The optical disk system is currently being utilized where there is no access to the secure web-
based system. The optical disk system is scheduled to be discontinued in 2004 and all access to the
IRR system will be through the secure web-based data entry system. Records will be maintained and
disposed of in accordance with records disposition authority approved by the Archivist of the United
States.
</p></xhtmlContent></subsection>
<subsection type="retrievability"><xhtmlContent><p>Documents are retrieved by name of veteran, social security number and service serial
number.
</p></xhtmlContent></subsection>
<subsection type="safeguards"><xhtmlContent><p>Access to records at VA Central Office is only authorized to VA personnel on a "need to
know" basis. Records are maintained in manned rooms during working hours. During non-working hours,
there is limited access to the building with visitor control by security personnel. Registry data
maintained at the AAC can only be updated by authorized AAC personnel.
</p><p>Data is securely located behind the VA firewall and only accessible from the VA Local Area
Network (LAN) through the VA Intranet. Read access to the data is granted through a
telecommunications network to authorized VA Central Office personnel. AAC reports are also
accessible through a telecommunications network on a read-only basis to the owner (VA facility) of
the data. Access is limited to authorized employees by individually unique access codes which are
changed periodically.
</p><p>Physical access to the AAC is generally restricted to AAC staff, VA Central Office, custodial
personnel, Federal Protective Service and authorized operational personnel through electronic
locking devices. All other persons gaining access to the computer rooms are escorted. Backup records
stored off-site for both the AAC and VA Central Office are safeguarded in secured storage areas. A
disaster recovery plan is in place and system recovery is tested at an off-site facility in
accordance with established schedules.
</p></xhtmlContent></subsection>
<subsection type="retentionAndDisposal"><xhtmlContent><p>Records will be maintained and disposed of in accordance with records disposition authority
approved by the Archivist of the United States.
</p></xhtmlContent></subsection>
<subsection type="systemManager"><xhtmlContent><p>Program Chief for Clinical Matters, Office of Public Health and Environmental Hazards (13)
(for clinical issues) and Management/Program Analyst, Environmental Agents Service (131) (for
administrative issues), VA Central Office, 810 Vermont Avenue, NW., Washington, DC 20420.
</p></xhtmlContent></subsection>
<subsection type="notificationProcedure"><xhtmlContent><p>An 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
record, should submit a written request or apply in person to the last VA facility where medical
care was provided or submit a written request to the Program Chief for Clinical Matters, Office of
Public Health and Environmental Hazards (13) or the Management/Program Analyst, Environmental Agents
Service (131), VA Central Office, 810 Vermont Avenue, NW., Washington, DC 20420. Inquiries should
include the veteran's name, social security number, service serial number, and return address.
</p></xhtmlContent></subsection>
<subsection type="recordAccessProcedures"><xhtmlContent><p>An individual who seeks access to records maintained under his or her name may write or
visit the nearest VA facility or write to the Program Chief for Clinical Matters, Office of Public
Health and Environmental Hazards (13) or the Management/Program Analyst, Environmental Agents
Service (131), VA Central Office, 810 Vermont Avenue, NW., Washington, DC 20420.
</p></xhtmlContent></subsection>
	<subsection type="contestingRecordProcedures"><xhtmlContent><p>Refer to previous item "Record Access Procedures."
</p></xhtmlContent></subsection>
<subsection type="recordSourceCategories"><xhtmlContent><p>VA patient medical records, various automated record systems providing clinical and
managerial support to VA health care facilities, the veteran, family members, and records from
Veterans Benefits Administration, Department of Defense, Department of the Army, Department of the
Air Force, Department of the Navy and other Federal agencies.
</p></xhtmlContent></subsection></section>
<section id="71VA53" toc="yes">
<systemNumber>71VA53</systemNumber>
<subsection type="systemName">The Office of Inspector General Management Information System (MIS) (71VA53).
</subsection>
<subsection type="systemLocation"><xhtmlContent><p>Office of Inspector General (53C), Information Technology Division, Department of Veterans
Affairs, 801 I Street, NW., Washington, DC 20420.
</p></xhtmlContent></subsection>
<subsection type="categoriesOfIndividuals"><xhtmlContent><p>The following category of individuals will be covered by the system: All personnel assigned
to Office of Inspector General (OIG).
</p></xhtmlContent></subsection>
<subsection type="categoriesOfRecords"><xhtmlContent><p>The Management Information System contains the following categories of records: Time and
Attendance, Phone Directory, Awards, Training, Travel, and Personnel (which may include personnel
suitability records and pre-employment inquiry records).
</p><p>Records (or information contained in records) may include: (1) Individual's name, address and
telephone contact information; (2) social security number; (3) date of birth; (4) service
computation date; (5) career status; (6) assigned station; (7) job series; (8) education; (9) grade;
(10) type of case; (11) work assignments; (12) travel; (13) experience; (14) training; and (15)
audit, hotline, health care inspections and investigation case tracking data (e.g., case number,
budgeted and actual staff days, target and completion dates, findings and results).
</p><p>Personnel suitability records may contain investigative information about an individual's
character, conduct and behavior in the community where he or she lives or lived; arrests and
convictions for violations of law; reports of interviews with the subject and with present and
former supervisors; co-workers, associates, neighbors, educators, etc., reports about the
qualifications of an individual for a specific position and correspondence relating to adjudication
matters; reports of inquiries with law enforcement agencies, employers, educational institutions
attended, and credit reporting agencies; reports of action after Office of Personnel Management
(OPM) or Federal Bureau of Investigation (FBI) full field investigations; and other information
developed from the above.
</p><p><i>Pre-Employment Inquiry Records:</i> These records may contain information relating to an
applicant's qualifications for employment in terms of character, reputation, and fitness; including
letters of reference, responses to pre-employment inquiries, qualifications and character
information; reports of inquiries with law enforcement agencies, employers, educational institutions
attended, and credit reporting agencies; and other information which may relate to the specific
selection factors associated with the position sought.
</p></xhtmlContent></subsection>
<subsection type="authorityForMaintenance"><xhtmlContent><p>Title 5, United States Code, Appendix 3.
</p></xhtmlContent></subsection>
<subsection type="purpose"><xhtmlContent><p>The records and information about individual OIG employees are used for various management
and human resources objectives. Case tracking data is used to measure employee productivity.
Employee contact information is maintained to allow employees to be contacted in emergency
situations. Training records are used to make certain the employees complete required training
assignments and to maintain a record of each employee's training activities for career development
and continuing professional education requirements.
</p></xhtmlContent></subsection>
<subsection type="routineUsesOfRecords"><xhtmlContent><p>1. Disclosure may be made to a congressional office from the record of an individual in
response to an inquiry from the congressional office that is made at the request of that individual.
</p><p>2. Disclosure may be made to the National Archives and Records Administration (NARA) in records
management activities and inspections conducted under authority of Title 44, United States Code.
</p><p>3. Disclosure may be made to the Department of Justice including United States Attorneys, or in a
proceeding before a court, adjudicative body, or other administrative body when the litigation or
adjudicative or administrative process is likely to affect VA, its employees, or any of its
components, or when VA, its employees, or any of its components is a party to the litigation
process, or has an interest in the litigation or process and the use of these records is deemed by
VA to be relevant and necessary to the litigation or process, provided that the disclosure is
compatible with the purpose for which the records were collected.
</p><p>4. Any information in this system, 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 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.
</p><p>5. VA may disclose on its own initiative any information in this system, except the names and
home addresses of veterans and their dependents, which is relevant to a suspected 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, 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. On its own initiative, VA may also disclose the names and addresses of veterans and
dependents to a Federal or state agency charged with the responsibility of investigating or
prosecuting civil, criminal, or regulatory violations of law, or charged with enforcing or
implementing the statute, rule or order issued pursuant thereto.
</p><p>6. Information may be disclosed to the Equal Employment Opportunity Commission when requested in
connection with investigations of alleged or possible discriminatory 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.
</p><p>7. Information may be disclosed to officials of the Merit Systems Protection Board, and the
Office of Special Counsel, when properly requested in connection with appeals, special studies of
the civil service and other merit systems, reviews of rules and regulations, investigation of
alleged or possible prohibited personnel practices, and such other functions, promulgated in Title
5, United States Code, Sections 1205 and 1206, or as may be authorized by law.
</p><p>8. Disclosure of any information within this system may be made when it is suspected or confirmed
that the security or confidentiality of information in the system of records has been compromised
and VA has determined that as a result of the suspected or confirmed compromise there is a risk of
harm to economic or property interest, identity theft or fraud, or harm to the security or integrity
of this system or other systems or programs (whether maintained by VA or another agency or entity)
that rely upon the compromised information; and the disclosure is made to such agencies, entities,
and persons who are reasonably necessary to assist in connection with VA's efforts to respond to the
suspected or confirmed compromise and prevent, minimize, or remedy such harm.
</p><p>9. VA may disclose information to individuals, organizations, private or public agencies, or
other entities with which 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.
</p></xhtmlContent></subsection>
<subsection type="policiesAndPractices"><xhtmlContent><p>Records and information are stored electronically in the VA OIG's MCI (Master Case Index)
databases and servers at the OIG's office at 801 I Street, NW., Washington, DC, in the office of the
Information Technology Division. Backup records are stored on magnetic disc, tape, and CD-ROM
and may also be retained in hard copy format in secure file folders. Information can be retrieved
based on computer searches of various data elements, including, but not limited to, MCI case
numbers, transaction numbers, key words, and names of individual OIG employees. Electronic data is
maintained indefinitely as described above. Policy for the disposal of records as well as a
retention schedule is being developed by the OIG's Office of Management and Administration.
Information on awards and travel is maintained so that OIG managers have readily available relevant
information about their employees in these areas.
</p><p>Storage:</p>
<p>Records and information are stored electronically in databases and servers at VA OIG
headquarters in Washington, DC. Backup records are stored on magnetic disc, tape, and CD-ROM
and are also retained in hard copy format in secure file folders by the OIG component with
responsibility for the specific category of records. All records about OIG personnel are maintained
by the OIG's Human Resources Management Division.
</p></xhtmlContent></subsection>
<subsection type="retrievability"><xhtmlContent><p>Records are retrieved by Social Security Number, case number, work assignment, or name.
</p></xhtmlContent></subsection>
<subsection type="safeguards"><xhtmlContent><p>Information in the system is protected from unauthorized access through administrative,
physical, and technical safeguards. Categories of records are restricted to those with an official
need to know the information. Only VA OIG supervisors, for example, can access the Awards data, and
only for employees within their supervisory chain. Access to data is also limited by means of
features such as "read-only access,"  i.e., where the person with access can read but
not enter or change the information in the system. Safeguards also include password protection
features and cipher locks securing the physical area. Some information in the system is restricted
to employees of the Human Resources Management Division.
</p></xhtmlContent></subsection>
<subsection type="retentionAndDisposal"><xhtmlContent><p>Records will be maintained and disposed of in accordance with a records disposition
authority approved by the Archivist of the United States.
</p></xhtmlContent></subsection>
<subsection type="systemManager"><xhtmlContent><p>Mailing address:  Director, Information Technology Division (53C), Department of Veterans
Affairs, Office of Inspector General, 810 Vermont Avenue, NW., Washington, DC 20420. Physical
address: Director, Information Technology Division (53C), Department of Veterans Affairs, Office of
Inspector General, 801 I Street, NW., Washington, DC 20420.
</p></xhtmlContent></subsection>
<subsection type="notificationProcedure"><xhtmlContent><p>An individual who wishes to determine whether a record is being maintained under his or her
name in this system must furnish a written request or apply in person to the Assistant Inspector
General for Management and Administration (53), Department of Veteran Affairs, Office of Inspector
General, 810 Vermont Avenue, NW., Washington, DC 20420.
</p></xhtmlContent></subsection>
<subsection type="recordAccessProcedures"><xhtmlContent><p>An individual who seeks access to, wishes to determine the contents of such records, or
wishes to contest records maintained under his or her name in this system, must submit a written
request to the Assistant Inspector General for Management and Administration (53), Department of
Veterans Affairs, Office of Inspector General, 810 Vermont Ave., NW., Washington, DC 20420.
</p></xhtmlContent></subsection>
<subsection type="contestingRecordProcedures"><xhtmlContent><p>(See records access procedures above).
</p></xhtmlContent></subsection>
<subsection type="recordSourceCategories"><xhtmlContent><p>Individual employees, supervisors, official personnel folder, other personnel documents,
individual applications, and forms.
</p></xhtmlContent></subsection></section>
<section id="73VA10A2A" toc="yes">
<systemNumber>73VA10A2A</systemNumber>
<subsection type="systemName">Health Professional Scholarship Program, and Visual Impairment and Orientation and Mobility Professional Scholarship
Program--VA.
</subsection>
<subsection type="systemLocation"><xhtmlContent><p>Active records will be maintained at HTM, Scholarships and Nursing Education Office, Veterans Health Administration, Department of
Veterans Affairs, 1250 Poydras Street, Suite #1000, New Orleans, LA, 70113. Complete records will be maintained only at this
address.
</p></xhtmlContent></subsection>
<subsection type="categoriesOfIndividuals"><xhtmlContent><p>Individuals who apply for and are awarded scholarships under the provisions of the Veterans Health Administration Health
Professional Scholarship Program (HPSP) in a field leading to an appointment under paragraph (1) or (3) of section 7401 of Title 38,
and individuals who apply for and are awarded scholarships under the provisions of the Veterans Health Administration Visual
Impairment and Orientation and Mobility Professional Scholarship Program (VIOMPSP) in a program of study leading to an appointment as
a qualified blind rehabilitation specialist.
</p></xhtmlContent></subsection>
<subsection type="categoriesOfRecords"><xhtmlContent><p>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. The application for an HPSP or VIOMPSP award includes the applicant's full name,
mailing and email addresses, employing facility number (if applicable), home and work telephone numbers, Social Security number, an
alternative person of contact, job title, current education level, degree sought, description of the academic program covered by the
scholarship, name and address of the academic institution, the starting and completion dates of the employee's academic program,
awards and activities. Records may include memoranda submitted by the employees, calculations for the service obligations, copies of
letters and memoranda from employees making the requests and in correspondence to employees and appropriate local program officials
delineating the decisions on such requests. Records for applicants selected will also include the award amount, the name of the
participant's financial institution, account number and routing number, the obligated service incurred, and the location, start, and
end dates of the service obligation period.
</p></xhtmlContent></subsection>
<subsection type="authorityForMaintenance"><xhtmlContent><p>38 U.S.C. &#167;&#167; 7611-7619, 7635-7636.
</p></xhtmlContent></subsection>
<subsection type="purpose"><xhtmlContent><p>These records support the HPSP and VIOMPSP. The HPSP was established by Public Law 96-330, and awarded scholarships to 3,330
students between 1982 through 1995 earning baccalaureate and master's degrees in nursing and other health professions. Public Law
111-163, signed on May 5, 2010, reauthorized the HPSP through December 31, 2014, and established the VIOMPSP. The records and
information may be used for determining and documenting individual applicant eligibility for scholarship awards, selecting applicants
to receive awards, calculating the service commitments for program participants, ensuring program financial accountability,
monitoring educational progress of participants, monitoring the employment status of scholarship participants during their periods of
obligated service, terminating the employee from the program (upon completion or breach), and evaluating and reporting program
results and effectiveness. The information would also be used to determine the financial liability of participants who breach their
HPSP or VIOMPSP agreement.
</p></xhtmlContent></subsection>
	<subsection type="routineUsesOfRecords"><xhtmlContent><p>To the extent that records contained in the system include information protected by 45 CFR Parts 160 and 164, <i>i.e.,</i>
individually identifiable health information, and 38 U.S.C. 7332, <i>i.e.,</i> 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 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.
</p><p>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 record on behalf of and at the request of that individual.
</p><p>2. Any information in this system may be disclosed to a Federal, 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 that agency.
</p><p>3. Any information in this system 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
personal or educational background in order for 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.
</p><p>4. Any information in this system may be disclosed 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 scholarship (38 U.S.C. 4142(a)(4)).
</p><p>5. Any information in this system pertaining to individuals eligible for scholarships may be disclosed to educational institutions
in order to assist in the administration of this program.
</p><p>6. Award payment information may be disclosed to the Department of Treasury to permit delivery of scholarship-related checks to
students and to educational institutions.
</p><p>7. Any information in this system, including available identifying information regarding the debtor, such as name, place of birth,
and date of birth of the debtor may be disclosed under this routine use to Federal, state, or consumer reporting agencies in order to
obtain current name, address, locator, and credit report in connection with any proceeding for the collection of an amount owed to
the United States by virtue of an individual's participation in the VA Health Professional Scholarship Program and Visual Impairment
and Orientation and Mobility Professional Scholarship Program.
</p><p>8. Any information in this system may be disclosed to the Department of Justice (DOJ), including U.S. Attorneys, in order for VA
to respond to pleadings, interrogatories, orders or inquiries from DOJ, and to supply DOJ with information in any phase of litigation
or in any case or controversy involving VA.
</p><p>9. Any information in this system may be disclosed to educational institutions, previous employers or individuals providing
references to verify the authenticity of the application.
</p><p>10. Records from this system of records may be disclosed to a Federal Agency or to a state or local government licensing board and
to the Federation of State Medical Boards or a similar non-government 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, 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.
</p><p>11. 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 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.
</p><p>12. Relevant information from this system of records may be disclosed to the National Practitioner Data Bank or State Licensing
Board in the state(s) in which a practitioner is licensed, in which the VA facility is located, or in which an act or omission
occurred upon which a medical malpractice claim was based when VA reports information concerning: (1) Any payment for the benefit of
a physician, dentist, or other licensed health care practitioner 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.
</p><p>13. Disclosure 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 U.S.C.
</p><p>14. 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.
</p><p>15. 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.
</p><p>16. 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.
</p><p>17. 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.
</p></xhtmlContent></subsection>
	<subsection type="policiesAndPractices"><xhtmlContent><p>Records are maintained on paper, electronic media, and computer printouts by HTM. Records stored on electronic media are
maintained on a VA-approved and managed, password protected, secure local area network (LAN) located within HTM office spaces and
safeguarded as described above.
</p></xhtmlContent></subsection>
<subsection type="retrievability"><xhtmlContent><p>Records are retrievable by use of the award number, or an equivalent participant account number assigned by HTM, Social Security
number, and the name of the individual.
</p></xhtmlContent></subsection>
<subsection type="safeguards"><xhtmlContent><p>Access to the basic file in HTM is restricted to authorized VA employees and vendors. Access to the office spaces where electronic
media is maintained within HTM is further restricted to specifically authorized employees and is protected by contracted building
security services. Records (typically computer printouts) at HTM will be kept in locked files and made available only to authorized
personnel on a need to-know basis. During non-working hours the file is locked and the building is protected by contracted building
security services. Records stored on electronic media are maintained on a VA-approved and managed, password protected, secure LAN
located within HTM office spaces and safeguarded as described above.
</p></xhtmlContent></subsection>
<subsection type="retentionAndDisposal"><xhtmlContent><p>Records will be maintained and disposed of in accordance with records disposition authority approved by the Archivist of the
United States.
</p></xhtmlContent></subsection>
<subsection type="systemManager"><xhtmlContent><p>Director, Healthcare Talent Management (10A2A8), Veterans Health Administration, Department of Veterans Affairs, 1250 Poydras
Street, Suite #1000, New Orleans, Louisiana 70113.
</p></xhtmlContent></subsection>
<subsection type="notificationProcedure"><xhtmlContent><p>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,
Healthcare Talent Management (10A2A8), Veterans Health Administration, Department of Veterans Affairs, 1250 Poydras Street, Suite
#1000, New Orleans, Louisiana 70113.
</p></xhtmlContent></subsection>
<subsection type="recordAccessProcedures"><xhtmlContent><p>Individuals seeking information regarding access to and contesting of VA records in this system may write, call, or visit the
Director, Healthcare Talent Management (10A2A8), Veterans Health Administration, Department of Veterans Affairs, 1250 Poydras Street,
Suite #1000, New Orleans, Louisiana 70113. The telephone number is (504) 565-4900.
</p></xhtmlContent></subsection>
<subsection type="contestingRecordProcedures"><xhtmlContent><p>(See Record Access Procedures above.)
</p></xhtmlContent></subsection>
<subsection type="recordSourceCategories"><xhtmlContent><p>Information contained in the records is obtained from the individual, references given in application material, educational
institutions, VA medical facilities, other Federal agencies, state agencies, and consumer reporting agencies.
</p></xhtmlContent></subsection></section>
<section id="75VA001B" toc="yes">
<systemNumber>75VA001B</systemNumber>
<subsection type="systemName">Department of Veterans Affairs Secretary's Official Correspondence Records-VA.
</subsection>
<subsection type="systemLocation"><xhtmlContent><p>Paper records are maintained in the Office of the Executive Secretary (001B), Office of the
Secretary, Department of Veterans Affairs (VA) Central Office (VACO), 810 Vermont Avenue, NW.,
Washington, DC 20420. Copies of some documents may be located in other offices throughout VACO and
occasionally at field facilities, <i>i.e.</i> Veterans Health Administration VA medical centers and
Veterans Integrated Service Network offices; Veterans Benefits Administration regional offices and
Area Offices; National Cemetery Administration national cemeteries and Memorial Service Network
offices; etc. Address locations for VA field facilities are listed in Appendix 1 of the biennial
publication of the VA Privacy Act Issuances.
</p></xhtmlContent></subsection>
<subsection type="categoriesOfIndividuals"><xhtmlContent><p>Individuals who voluntarily provide personal contact information when submitting
correspondence or other documents to the Department, including, but not limited to: Members of
Congress and their staff, officials and representatives of other Federal agencies, State, local and
tribal governments, foreign governments, and veterans service organizations; representatives of
private or commercial entities; veterans and other VA beneficiaries; VA employees; and other
individuals who correspond with the VA Secretary and Deputy Secretary and other VA officials.
</p></xhtmlContent></subsection>
<subsection type="categoriesOfRecords"><xhtmlContent><p>Full name, postal address, e-mail address, phone and fax numbers of individuals
corresponding with the Department, the name of the organization or individual being represented, as
well as supporting documents. Information provided may include personal information.
</p></xhtmlContent></subsection>
<subsection type="authorityForMaintenance"><xhtmlContent><p>Title 38, United States Code, section 501.
</p><p>Purpose:</p>
<p>To permit VA to identify individuals and/or organizations who have submitted correspondence
or documents to VA. The System of Records also contains documents generated within VA which may
contain the names, addresses and other identifying information of individuals who conduct business
with VA.
</p></xhtmlContent></subsection>
<subsection type="routineUsesOfRecords"><xhtmlContent><p>1. The record of an individual who is covered by a system of records may be disclosed to a
Member of Congress, or a staff person acting for the Member, when the Member or staff person
requests the records on behalf of and at the written request of the individual.
</p><p>2. Disclosure may be made to the National Archives and Records Administration in records
management inspections conducted under authority of title 44 U.S.C.
</p><p>3. 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 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
that is compatible with the purpose for which VA collected the records.
</p><p>4. 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.
</p><p>5. 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.
</p><p>6. 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.
</p><p>7. 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 (have already
determined this does not make sense; see my possible solution in the preamble). 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.
</p></xhtmlContent></subsection>
<subsection type="policiesAndPractices"><xhtmlContent><p>(a) <i>Storage:</i>
</p><p>Records are maintained on paper in the Office of the Executive Secretary (001B), Department of
Veterans Affairs, 810 Vermont Avenue, NW., Washington, DC 20420.
</p></xhtmlContent></subsection>
<subsection type="retrievability"><xhtmlContent><p>Records are maintained by subject and unique number generated by an automated system. In
addition, records for Members of Congress are maintained in alphabetical order by last name.
</p></xhtmlContent></subsection>
<subsection type="safeguards"><xhtmlContent><p>Hard copy records are maintained in a controlled facility, where physical entry is restricted by
the use of locks, guards, and/or administrative procedures. Access to records is limited to those
employees who require the records to perform their official duties consistent with the purpose for
which the information was collected. All personnel whose official duties require access to the
information are trained in the proper safeguarding and use of the information.
</p></xhtmlContent></subsection>
<subsection type="retentionAndDisposal"><xhtmlContent><p>Records will be maintained and disposed of, in accordance with records disposition authority,
approved by the Archivist of the United States.
</p></xhtmlContent></subsection>
<subsection type="systemManager"><xhtmlContent><p>Gemma Button, Deputy Executive Secretary, Office of the Executive Secretary (001B), Office of the
Secretary, Department of Veterans Affairs, 810 Vermont Avenue, NW., Washington, DC 20420.
</p></xhtmlContent></subsection>
<subsection type="notificationProcedure"><xhtmlContent><p>Individuals seeking to determine whether this System of Records contains information about
them should address written inquiries to the Office of the Executive Secretary (001B), Department of
Veterans Affairs, 810 Vermont Avenue, NW., Washington, DC 20420.
</p></xhtmlContent></subsection>
<subsection type="recordAccessProcedures"><xhtmlContent><p>Individuals seeking access to or contesting the contents of records about themselves
contained in this System of Records should address a written request, including full name, address
and telephone number to the Office of the Executive Secretary (001B), Department of Veterans
Affairs, 810 Vermont Avenue, NW., Washington, DC 20420.
</p></xhtmlContent></subsection>
<subsection type="contestingRecordProcedures"><xhtmlContent><p>(See record access procedures above.)
</p></xhtmlContent></subsection>
<subsection type="recordSourceCategories"><xhtmlContent><p>Records in this system are derived from processing replies to correspondence, and other
inquiries that originate from Members of Congress; other Federal agencies; State, local and tribal
governments; foreign governments, veterans service organizations; representatives of private or
commercial entities; veterans and their beneficiaries; VA employees; and other individuals who
correspond with VA or one of its components. Records maintained include material received,
background information compiled and/or response sent.
</p></xhtmlContent></subsection>
<subsection type="exemptionsClaimed"><xhtmlContent><p>There are no exemptions being claimed for this system.
</p></xhtmlContent></subsection></section>
<section id="76VA05" toc="yes">
<systemNumber>76VA05</systemNumber>
<subsection type="systemName">General Personnel Records (Title 38)-VA
</subsection>
<subsection type="systemLocation"><xhtmlContent><p>Active records are maintained at the Department of Veterans Affairs (VA) Central Office, 810
Vermont Avenue, NW., Washington, DC 20420; VA field facilities; VA Austin Automation Center, 1615
East Woodward Street, Austin, Texas 78772; VA Shared Service Center, 3401 SW 21st Street, Topeka,
Kansas 66604; and offices of contractors or subcontractors who may maintain these records. When VA
determines that portions of these records need to be maintained at different locations or that
copies of these records need to be maintained at more than one location, e.g., at the Shared Service
Center and administrative offices closer to where employees actually work, such records are covered
by this system. Inactive records are retired to the National Personnel Records Center, 111 Winnebago
Street, St. Louis, Missouri 63118. Records not considered long-term records, but which may be
retained in this system or elsewhere during employment, and which are also included in this system,
may be retained for a period of time after the employee leaves service. However, such records will
be disposed of in accordance with the procedures for retention and disposal outlined below. The
phrase "long-term" record describes records that are filed on the right side of the Merged Records
Personnel Folder (MRPF) (Standard Form 66-C).
</p><p><b>Note 1:</b> It is not VA's intent to limit this system of records to those records
physically within the MRPF. Records may be filed in other folders located in offices other than
where the MRPF is located, e.g., working files that supervisors or other agency officials use that
are derived from 76VA05 may be kept in a more convenient location.
</p></xhtmlContent></subsection>
<subsection type="categoriesOfIndividuals"><xhtmlContent><p>Current and former employees appointed under 38 U.S.C. 7306, 7401(1), 7401(3), and 38 U.S.C.
7405 except those appointed on a fee or without compensation basis, and residents appointed under 38
U.S.C. 7406 whose stipends and fringe benefits are not centrally administered under the provisions
of 38 U.S.C. 7406(c). This includes employees such as physicians, dentists, podiatrists,
optometrists, nurses, nurse anesthetists, physician assistants, expanded-function dental
auxiliaries, certified respiratory therapy technicians, registered respiratory therapists, licensed
physical therapists, licensed practical or vocational nurses, occupational therapists, and
pharmacists. Current and former employees appointed under 38 U.S.C. Chapter 78 to positions in the
Veterans Canteen Service are covered by this system.
</p></xhtmlContent></subsection>
<subsection type="categoriesOfRecords"><xhtmlContent><p>All categories of records may include identifying information, such as names(s), date of
birth, home address, mailing address, Social Security number, and telephone number(s). Records in
this system are:
</p><p>a. Records reflecting work experience, licensure, credentials, educational level achieved, and
specialized education or training occurring outside of Federal service.
</p><p>b. Records reflecting Federal service and documenting work experience, education, training,
and/or awards received while employed. Such records contain information about past and present
positions held; grades; salaries; duty station locations; and notices of all personnel actions, such
as appointments, transfers, reassignments, details, promotions, demotions, staffing adjustments or
reductions-in-force, resignations, separations, suspensions, removals, retirements, and approval of
disability retirement applications.
</p><p>c. Records relating to an Intergovernmental Personnel Act assignment or Federal-private sector
exchange program.
</p><p>d. Records regarding Government-sponsored training or participation in employee development
programs designed to broaden an employee's work experiences or for the purposes of advancement.
</p><p>e. Printouts of information from automated personnel systems, e.g., information from the
Personnel and Accounting Pay System-VA (27VA047).
</p><p>f. Records reflecting enrollment or declination of enrollment in the Federal Employees' Group
Life Insurance Program and Federal Employees' Health Benefits Program as well as forms showing
designations of beneficiary.
</p><p>g. Elections to participate in the Thrift Savings Plan, Notices that Thrift Savings Plan
Contributions cannot be made because a financial hardship withdrawal has been issued and transcripts
of Thrift Savings Plan changes approved for use by the Federal Retirement Thrift Investment Board.
</p><p>h. Records relating to designations for lump-sum leave benefits.
</p><p>i. Records relating to access to classified information and other nondisclosure agreements.
</p><p>j. Records related to certification of outside professional activities prior to enactment of the
Veterans Health Care Eligibility Reform Act of 1996, Pub. L. 104-262, dated October 9, 1996.
</p></xhtmlContent></subsection>
<subsection type="authorityForMaintenance"><xhtmlContent><p>38 U.S.C. 501(a), 7304, 7406(c)(1), and 7802.
</p></xhtmlContent></subsection>
<subsection type="purpose"><xhtmlContent><p>The personnel records in these files are the official repository of the records, reports of
personnel actions and the documents and papers associated with these actions. The personnel action
reports and other documents give legal force and effect to personnel transactions and establish
employee rights and benefits under pertinent laws and regulations governing Federal employment. They
provide the basic source of factual data about a person's Federal employment while in the service
and after his or her separation. Records in this system have various uses, including screening
qualifications of employees; determining status, eligibility, and rights and benefits under
pertinent laws and regulations governing Federal employment; computing length of service; and other
information needed to provide personnel services.
</p></xhtmlContent></subsection>
<subsection type="routineUsesOfRecords"><xhtmlContent><p>1. To disclose information to Government training facilities (Federal, State, and local) and
to non-Government training facilities (private vendors of training courses or programs, private
schools, etc.) for training purposes.
</p><p>2. To disclose information to educational institutions about the appointment of their recent
graduates to VA positions. These disclosures are made to enhance recruiting relationships between VA
and these institutions.
</p><p>3. To provide college and university officials with information about students who are working at
VA to receive academic credit for the experience.
</p><p>4. To disclose to the following agencies information needed to adjudicate retirement, insurance
or health benefits claims: Department of Labor, Social Security Administration, Department of
Defense, Federal agencies having special civilian employee retirement programs, and state, county,
municipal, or other publicly recognized charitable or income security administration agencies (e.g.,
State unemployment compensation agencies), when necessary to adjudicate a claim under the
retirement, insurance or health benefits programs of the Office of Personnel Management or an agency
cited above. Information may also be disclosed to agencies to conduct an analytical study or audit
of benefits being paid under such programs.
</p><p>5. To disclose to the Office of Federal Employees' Group Life Insurance information necessary to
verify election, declination, or waiver of regular and/or optional life insurance coverage or
eligibility for payment of a claim for life insurance.
</p><p>6. To disclose to health insurance carriers contracting with the Office of Personnel Management
to provide a health benefits plan under the Federal Health Benefits Program, information necessary
to identify enrollment in a plan, to verify eligibility for payment of a claim for health benefits,
or to carry out the coordination or audit of benefits provisions of such contracts.
</p><p>7. To disclose information to a Federal, State, or local agency for determination of an
individual's entitlement to benefits in connection with Federal Housing Administration programs.
</p><p>8. To disclose relevant information to third parties considering VA employees for awards or
recognition and to publicize information about such awards or recognition. This may include
disclosures to public and private organizations, including news media, which grant or publicize
employee awards or honors.
</p><p>9. To disclose information about incentive awards and other awards or honors granted by VA. This
may include disclosure to public and private organizations, including news media, which publicize
such recognition.
</p><p>10. To disclose the information listed in 5 U.S.C. 7114(b)(4) 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.
</p><p>11. VA may, on its own initiative, disclose relevant information to a Federal agency (including
Offices of the Inspector General), State, or local agency responsible for investigating,
prosecuting, enforcing, or implementing a statute, rule, regulation if there is reason to believe
that a violation may have occurred. This routine use does not authorize disclosures in response to
requests for information for civil or criminal law enforcement activity purposes, nor does it
authorize disclosure of information in response to court orders. Such requests must meet the
requirements of 5 U.S.C. 552a(b)(7) or (b)(11), as applicable.
</p><p>12. To disclose pertinent information to any source when necessary to obtain information relevant
to a conflict-of-interest investigation or determination.
</p><p>13. To disclose information to any source from which additional information is requested (to the
extent necessary to identify the individual, inform the source of the purposes(s) of the request,
and to identify the type of information requested), when necessary to obtain information relevant to
an agency decision concerning the hiring or retention of an employee, the issuance of a security
clearance, the conducting of a security or suitability investigation of an individual, the letting
of a contract, or the issuance of a license, grant, or other benefit.
</p><p>14. To disclose 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, information in
connection with the hiring of an employee, the issuance of a security clearance, the conducting of a
security or suitability investigation of an individual, the letting of a contract, the issuance of a
license, grant or other benefit by the requesting agency, or the lawful statutory or administrative
purpose of the agency to the extent that the information is relevant and necessary to the requesting
agency's decision.
</p><p>15. To disclose relevant information to Federal and non-Federal agencies (i.e., State or local
governments), and private sector organizations, boards, bureaus, or commissions (e.g., the Joint
Commission on Accreditation of Healthcare Organizations) when such disclosures are required to
obtain accreditation or other approval ratings.
</p><p>16. To disclose information to the Office of Management and Budget 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.
</p><p>17. To provide information to a congressional office from the records of an individual in
response to an inquiry from the congressional office made at the request of the individual.
</p><p>18. VA may, on its own initiative, disclose information to another Federal agency, court, or
party in litigation before a court or other administrative proceeding conducted by a Federal agency,
if VA is a party to the proceeding and VA needs to disclose such information to protect its
interests.
</p><p>19. To disclose information to the National Archives and Records Administration (NARA) for
records management inspections conducted under authority of 44 U.S.C. 2904 and 2906.
</p><p>20. To disclose to persons engaged in research and survey projects information necessary to
locate individuals for personnel research or survey response, and to produce summary descriptive
statistics and analytical studies in support of the function for which the records are collected and
maintained, or for related workforce studies. While published statistics and studies do not contain
individual identifiers, in some instances, the selection of elements of data included in the study
may be structured in such a way as to make the data individually identifiable by inference.
</p><p>21. To provide an official of another Federal agency information needed in the performance of
official duties related to reconciling or reconstructing data files in support of the functions for
which the records were collected and maintained.
</p><p>22. When an individual to whom records pertain is mentally incompetent or under other legal
disability, information in the individual's records may be disclosed to any person or entity
responsible for managing the individual finances to the extent necessary to ensure payment of
benefits to which the individual is entitled.
</p><p>23. To disclose to the Department of Defense specific civil service employment information
required under law on individuals identified as members of the Ready Reserve, to ensure continuous
mobilization readiness of Ready Reserve units and members, and to identify characteristics of civil
service retirees for national mobilization purposes.
</p><p>24. To disclose information to officials of the Department of Defense, National Oceanic and
Atmospheric Administration, U.S. Public Health Service, and the U.S. Coast Guard needed to effect
any adjustments in retired or retainer pay required by the dual compensation provisions of 5 U.S.C.
5532.
</p><p>25. To disclose information to officials of the Merit Systems Protection Board, or 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.
</p><p>26. To disclose information to the Equal Employment Opportunity Commission when requested in
connection with investigations of alleged or possible discriminatory practices, examination of
Federal affirmative employment programs, or for other functions of the Commission as authorized by
law or regulation.
</p><p>27. To disclose to the Federal Labor Relations Authority (including its General Counsel)
information related to the establishment of jurisdiction, the investigation and resolution of
allegations of unfair labor practices, or information in connection with the resolution of
exceptions to arbitration awards when a question of material fact is raised; to disclose information
in matters properly before the Federal Services Impasses Panel, and to investigate representation
petitions and conduct or supervise representation elections.
</p><p>28. To disclose to prospective non-Federal employers, the following information about a
specifically identified current or former employee: Tenure of employment; civil service status;
length of service in VA and the Government; and when separated, the date and nature of action as
shown on the Notification of Personnel Action-Standard Form 50 (or authorized exception).
</p><p>29. Records from this system of records may be disclosed to a Federal, State, or local government
agency or licensing board and/or to the Federation of State Medical Boards or a similar non-
government entity. These entities maintain records concerning an individual's employment or practice
histories or concerning the issuance, retention or revocation of licenses or registration necessary
to practice an occupation, profession or specialty. Disclosures may be made for the Agency to obtain
information determined relevant to an Agency's decision concerning the hiring, retention, or
termination of an employee. Disclosures may also be made to inform licensing boards or the
appropriate 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 practice as to raise reasonable concern for
the health and safety of patients.
</p><p>30. To disclose relevant information 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.
</p><p>31. To disclose hiring, performance, or other personnel-related information 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.
</p><p>32. 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.
</p><p>33. Relevant information from this system of records may be disclosed to the National
Practitioner Data Bank or to a State or local government licensing board which maintains records
concerning the issuance, retention, or revocation of licenses, certifications, or registrations
necessary to practice an occupation, profession or specialty when under the following circumstances,
through peer review process that is undertaken pursuant to VA policy, negligence, professional
incompetence, responsibility for improper care, and/or professional misconduct has been assigned to
a physician or licensed or certified health care practitioner: (1) On any payment in settlement (or
partial settlement of, or in satisfaction of a judgement) in a medical malpractice action or claim;
or, (2) on any final decision that adversely affects the clinical privileges of a physician or
practitioner for a period of more than 30 days.
</p><p>34. Relevant information from this system of records concerning the departure of a former VA
employee, who is subject to garnishment pursuant to a legal process as defined in 5 U.S.C. 5520a, as
well as the name and address of the designated agent for the new employing agency or the name and
address of any new private employer, may be disclosed to the garnishing party (garnisher).
Information from this system of records may be disclosed in response to legal processes, including
interrogatories, served on the agency in connection with garnishment proceedings against current or
former VA employees under 5 U.S.C. 5520a.
</p><p>35. To disclose information to contractors, subcontractors, grantees, or others performing or
working on a contract, grant or cooperative agreement for the Federal government, provided
disclosure is in the interest of the Government and the information to be disclosed is relevant and
necessary for accomplishing the intended uses of the information and necessary to perform services
under the contract, grant or cooperative agreement.
</p><p>36. To disclose to a spouse or dependent child (or court-appointed guardian thereof) of a VA
employee enrolled in the Federal Employees Health Benefits Program, upon request, whether the
employee has changed from a self-and-family to a self-only health benefits enrollment.
</p><p>37. To disclose to the Federal Retirement Thrift Investment Board information concerning an
employee's election to participate in the Thrift Savings Plan, the employee's ineligibility to make
contributions to the Thrift Savings Plan because a financial hardship in-service withdrawal has been
issued, or information from a transcript of thrift savings plan changes that has been approved by
the Federal Retirement Thrift Investment Board.
</p><p>38. Information from this system of records will be disclosed to the Healthcare Integrity and
Protection Data Base as required by section 1122E of the Social Security Act (as added by Sec.
221(a) of Pub. L. 104-191) and the associated implementing regulations issued by the
Department of Health and Human Services, 45 CFR Part 61. For example, VA is required to report
adjudicated adverse personnel actions based on acts or omissions that either affected or could have
affected the delivery of health care services.
</p><p>39. VA may disclose information from this system of records to a court, administrative entity, or
custodial parent of a child in order to provide documentation of payroll deductions for child
healthcare insurance carriers in order to enroll employees and their children in healthcare
insurance plans in accordance with Public Law 106-394.
</p></xhtmlContent></subsection>
<subsection type="policiesAndPractices"><xhtmlContent><p>Storage:</p>
<p>These records may be maintained in file folders, on lists and forms, on microfilm or
microfiche, and in computer processable storage media.
</p></xhtmlContent></subsection>
<subsection type="retrievability"><xhtmlContent><p>These records may be retrieved using various combinations of name, birth date, Social
Security number, or identification number of the individual on whom they are maintained.
</p></xhtmlContent></subsection>
<subsection type="safeguards"><xhtmlContent><p>Access to areas where these records are maintained is restricted to VA employees,
contractors, or subcontractors 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. File areas are
locked after normal duty hours and are protected from outside access by the Federal Protective
Service or other types of alarm systems.
</p><p>Access to the VA Austin Automation Center and VA Shared Service Center are restricted to
authorized VA employees and authorized representatives of vendors. Access to computer rooms within
these facilities is further restricted to especially authorized VA personnel and vendor personnel.
</p><p>Access to computerized records is limited through the use of access codes and entry logs.
Additional protection is provided by electronic locking devices, alarm systems, and guard services.
</p><p>Electronic data is made available to VA field facilities via VA's Intranet. Strict control
measures are enforced to ensure that disclosure is limited to the individual on whom the record is
being maintained or on a "need to know" basis. Security devices (e.g. passwords, firewalls) are used
to control access by VA users to Internet services, and to shield VA networks and systems from
outside the firewall.
</p></xhtmlContent></subsection>
<subsection type="retentionAndDisposal"><xhtmlContent><p>The Merged Personnel Records Folder (MPRF) is maintained for the period of the employee's
service in VA and is then transferred to the National Personnel Records Center (NPRC) for storage,
or, as appropriate, to the next employing Federal agency. Other records are either retained at VA
for various lengths of time in accordance with the National Archives and Records Administration
records schedules or destroyed when they have served their purpose or the employee leaves VA.
</p><p>a. VA maintains the MPRF as long as VA employs the individual. Within 90 days after the
individual separates from VA's employment, the MPRF is sent to the NPRC for long-term storage. The
MPRF of a retired employee or an employee who dies in service is sent to the Records Center within
120 days of the retirement or death.
</p><p>b. Records in this system must be maintained and disposed of in accordance with General Records
Schedule 1, and VA Records Control Schedule 10-1, the Office of Personnel Management Guide to
Federal Recordkeeping, and the Memorandum of Understanding concerning this subject between VA, the
Office of Personnel Management, and the National Archives and Records Administration.
</p></xhtmlContent></subsection>
<subsection type="systemManager"><xhtmlContent><p>Deputy Assistant Secretary for Human Resources Management (05), Department of Veterans
Affairs, 810 Vermont Avenue, NW, Washington, DC 20420.
</p></xhtmlContent></subsection>
<subsection type="notificationProcedure"><xhtmlContent><p>Individuals wishing to inquire whether this system of records contains information about
them should contact the appropriate office as follows:
</p><p>a. Federal employees should contact the responsible official (as designated by their agency)
regarding records in this system.
</p><p>b. Former Federal employees should contact the National Personnel Records Center (Civilian), 111
Winnebago Street, St. Louis, Missouri 63118, regarding the records in this system. Individuals must
furnish the following information so their records can be located and identified: full name(s), date
of birth, Social Security number, last employing agency (including duty station, when applicable),
and approximate dates of employment. All requests must be signed.
</p></xhtmlContent></subsection>
<subsection type="recordAccessProcedures"><xhtmlContent><p>(See Notification Procedure.)
</p></xhtmlContent></subsection>
<subsection type="contestingRecordProcedures"><xhtmlContent><p>Current and former VA employees wishing to request amendment of their records should contact
the Director, Department of Veterans Affairs Shared Service Center (00), 3401 SW 21st Street,
Topeka, Kansas 66604. Individuals must furnish the following information for their records to be
located and identified: Full name(s), date of birth, Social Security number, and signature. To
facilitate identification of records, former employees must also provide the name of their last
Department of Veterans Affairs facility and approximate dates of employment.
</p></xhtmlContent></subsection>
<subsection type="recordSourceCategories"><xhtmlContent><p>Information in this system of records is provided by the individual employee, examining
physicians, educational institutions, VA officials, and other individuals or entities; e.g., job
references and supporting statements; testimony of witnesses; and correspondence from organizations
or persons, e.g., licensing boards.
</p></xhtmlContent></subsection></section>
<section id="77VA10Q" toc="yes">
<systemNumber>77VA10Q</systemNumber>
<subsection type="systemName">Health Care Provider Credentialing and Privileging Records--VA.
</subsection>
<subsection type="systemLocation"><xhtmlContent>
<p>Records are maintained at each Department of Veterans Affairs (VA) health care facility. Address locations for VA facilities are listed in VA Appendix 1 biennial publication of VA system of records.  In addition, information from these records or copies of records may be maintained at the Department of Veterans Affairs, 810 Vermont Avenue, NW., Washington, DC 20420 and/or Veterans Integrated Service Network (VISN) Offices.  Records for those health care providers who are contractors in a VA health care facility, or to VA for the delivery of health care to veterans and are credentialed by the contractor in accordance with Veterans Health Administration (VHA) policy, where credentialing information is received by VHA facilities, it will be maintained in accordance with this notice and VHA policy.  Electronic copies of records may be maintained by VHA Office of Quality, Safety and Value (OQSV), a component thereof, or a contractor or subcontractor of VHA/OQSVOQP.  Back-up copies of the electronic data warehouse are maintained at off-site locations.</p>

</xhtmlContent></subsection>
<subsection type="categoriesOfIndividuals"><xhtmlContent>
<p>The records include information concerning health care providers currently or formerly employed or otherwise utilized by VHA and individuals who apply to VHA for employment and are considered for employment or appointment as health care providers.  These records will include information concerning individuals who through a contractual or other agreement may be, or are, providing health care to VA patients.  This may include, but is not limited to, audiologists, dentists, dietitians, expanded-function dental auxiliaries, licensed practical or vocational nurses, nuclear medicine technologists, nurse anesthetists, nurse practitioners, registered nurses, occupational therapists, optometrists, clinical pharmacists, licensed physical therapists, registered kinesiotherapists, physician assistants, physicians, podiatrists, psychologists, registered respiratory therapists, certified respiratory therapy technicians, diagnostic and therapeutic radiology technologists, social workers, and speech pathologists.</p>

</xhtmlContent></subsection>
<subsection type="categoriesOfRecords"><xhtmlContent>
<p>The records in the system consist of </p>

<p>information related to:</p>

<p>(1) The credentialing (the review and verification of an individual's qualifications for employment or utilization, which includes licensure, registration or certification, professional education and training, employment history, experience, appraisals of past performance, health status, etc.) of applicants who are considered for employment and/or appointment, for providing health services under a contract or other agreement, and/or for appointment to the professional staff at a VHA health care facility.</p>
<p>(2) The privileging (the process of reviewing and granting or denying a provider's request for clinical privileges to provide medical or other patient care services, within well-defined limits, which are based on an individual's professional license, registration or certification, experience, training, competence, health status, ability, and clinical judgment) health care providers who are permitted by law and by the medical facility to provide patient care independently and individuals whose duties and responsibilities are determined to be beyond the normal scope of activities for their profession;</p>
<p>(3) The periodic reappraisal of health care providers' professional credentials and the reevaluation of the clinical competence of providers who have been granted clinical privileges; and/or</p>
<p>(4) Records generated as part or result of accessing and reporting to the National Practitioner Data Bank (NPDB), the Health Integrity and Protection Data Bank, and the Federation of State Medical Boards (FSMB).</p>
<p>The records may include individually identifiable information (e.g., name, date of birth, gender, Social Security number, national provider number and associated taxonomy codes, and/or other personal identification number), address information (e.g., home and/or mailing address, home telephone number, e-mail address, facsimile number), biometric data, information related to education and training (e.g., name of medical or professional school attended and date of graduation, name of training program, type of training, dates attended, and date of completion).  The records may also include information related to: the individual's license, registration or certification by a State licensing board and/or national certifying body (e.g., number, expiration date, name and address of issuing office, status including any actions taken by the issuing office or any disciplinary board to include previous or current restrictions, suspensions, limitations, or revocations); citizenship; honors and awards; type of appointment or utilization; service/product line; professional society membership; professional performance, experience, and judgment (e.g., documents reflecting work experience, appraisals of past and current performance and potential); educational qualifications (e.g., name and address of institution, level achieved, transcript, information related to continuing education); Drug Enforcement Administration and/or State controlled dangerous substance certification (e.g., current status, any revocations, suspensions, limitations, restrictions); information about mental and physical status; evaluation of clinical and/or technical skills; involvement in any administrative, professional or judicial proceedings, whether involving VA or not, in which professional malpractice on the individual's part is or was alleged; any actions, whether involving VA or not, which result in the limitation, reduction, revocation, or acceptance of surrender or restriction of the individual's clinical privileges; and, clinical performance information that is collected and used to support a determination of an individual's request for clinical privileges.  Some information that is included in the record may be duplicated in an employee's official personnel folder.</p>

</xhtmlContent></subsection>
<subsection type="authorityForMaintenance"><xhtmlContent>
<p>Title 38 U.S.C. section 501(a) </p>

<p>and section 7304(a)(2).</p>

</xhtmlContent></subsection>
<subsection type="purpose"><xhtmlContent>
<p>The information may be used for: Verifying the individual's credentials and qualifications for employment or utilization, appointment to the professional staff, and/or clinical privileges; advising prospective health care entity employers, health care professional licensing or monitoring bodies, the NPDB, or similar entities or activities of individuals covered by this system; accreditation of a facility by an entity such as the Joint Commission; audits, reviews and investigations conducted by staff of the health care facility, the Veterans Integrated Service Network (VISN) Directors and Division Offices, VA Central Office, VHA program offices, and the VA Office of Inspector General; law enforcement investigations; quality assurance audits, reviews and investigations; personnel management and evaluations; employee ratings and performance evaluations; and, employee disciplinary or other adverse action, including discharge.  The records and information may be used for statistical analysis, to produce various management reports, evaluate services, collection, distribution and utilization of resources, and provide clinical and administrative support to patient medical care.</p></xhtmlContent></subsection>
<subsection type="routineUsesOfRecords"><xhtmlContent>
<p>1. A record from this system of records may be disclosed to any source from which additional information is requested (to the extent necessary to identify the individual, inform the source of the purpose(s) of the request, and to identify the type of information requested), when necessary to obtain information relevant to a Department decision concerning the hiring or retention of an employee, the issuance or reappraisal of clinical privileges, the issuance of a security clearance, the conducting of a security or suitability investigation of an individual, the letting of a contract, the issuance of a license, grant, or other benefits; or in response to scarce or emergency needs of the Department or other entities when specific skills are required.</p>
<p>2. A record from this system of records may be disclosed 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, information in connection with the hiring of an employee, appointment to the professional staff, the issuance of a security clearance, the conducting of a security or suitability investigation of an individual, the letting of a contract, the issuance of a license, grant, or other benefit by the agency, or the lawful statutory or administrative purpose of the agency to the extent that the information is relevant and necessary to the requesting agency's decision; or at the initiative of VA, to the extent the information is relevant and necessary to an investigative purpose of the agency.</p>
<p>3. Disclosure may be made to a Congressional office from the record or an individual in response to an inquiry from the Congressional office made at the request of that individual.</p>
<p>4. Disclosure may be made to NARA (National Archives and Records Administration) in records management inspections conducted under authority of title 44 United States Code.</p>
<p>5. Information 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 non-government 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 Department to obtain information relevant to a Department decision concerning the hiring, utilization, appointment, retention or termination of individuals covered by this system or to inform a Federal agency or licensing boards or the appropriate non-government entities about the health care practices of a currently employed, appointed, otherwise utilized, terminated, resigned, or retired health care employee or other individuals covered by this system whose professional health care activity so significantly failed to meet generally accepted standards of clinical practice as to raise reasonable concern for the safety of patients.  These records may also be disclosed as part of an ongoing computer-matching program to accomplish these purposes.</p>
<p>6. Information may be disclosed to non-Federal sector (i.e., State, or local governments) agencies, academic affiliates, organizations, boards, bureaus, or commissions (e.g., the Joint Commission).  Such disclosures may be made only when: (1) The records are properly constituted in accordance with VA requirements; (2) the records are accurate, relevant, timely, and complete; and (3) the disclosure is in the best interest of the Government (e.g., to obtain accreditation or other approval rating). When cooperation with the non-Federal 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 entity is to be furnished.</p>
<p>7. Information may be disclosed to a State or national certifying body which has the 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 or national certifying body 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.</p>
<p>8. VA may disclose information in 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 disclosure of the records to the Department of Justice 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.</p>
<p>9. Hiring, appointment, performance, or other personnel credentialing related information may be disclosed to any facility or agent with which there is, or there is proposed to be, an affiliation, sharing agreement, partnership, contract, or similar arrangement, where required for establishing, maintaining, or expanding any such relationship.</p>
<p>10. Information concerning a health care provider's professional qualifications and clinical privileges may be disclosed to a VA 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.</p>
<p>11. VA may disclose on its own initiative any information in this system, except the names and home addresses of veterans and their dependents, which is relevant to a suspected 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, to a 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.  On its own initiative, VA may also disclose 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, rule or order issued pursuant thereto.</p>
<p>12. To disclose to the Federal Labor Relations Authority (including its General Counsel) information related to the establishment of jurisdiction, the investigation and resolution of allegations of unfair labor practices, or information in connection with the resolution of exceptions to arbitration awards when a question of material fact is raised; to disclose information in matters properly before the Federal Service Impasses Panel, and to investigate representation petitions and conduct or supervise representation elections.</p>
<p>13. To disclose to the VA-appointed representative of an employee all notices, determinations, decision, or other written communications issued to the employee in connection with an examination ordered by VA under fitness-for-duty examination procedures or Agency-filed disability retirement procedures.</p>
<p>14. To disclose information to officials of the Merit Systems Protection Board, 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.</p>
<p>15. To disclose information to the Equal Employment Opportunity Commission when requested in connection with investigations of alleged or possible discriminatory practices, examination of Federal affirmative employment programs, or the other functions of the Commission as authorized by law or regulation.</p>
<p>16. To disclose the information listed in 5 U.S.C. 7114(b)(4) 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.</p>
<p>17. 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 NPDB at the time of hiring, appointment, utilization, and/or clinical privileging/reprivileging of physicians, dentists and other 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, appointment, utilization, privileging/reprivileging, retention or termination of the individual.</p>
<p>18. Relevant information from this system of records may be disclosed to the NPDB 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.</p>
<p>19. In response to a request about a specifically identified individual covered by this system from a prospective Federal or non-Federal health care entity employer, the following information may be disclosed: (a) Relevant information concerning the individual's professional employment history including the clinical privileges held by the individual; (b) relevant information concerning a final decision that results in a voluntary or involuntary limitation, reduction or loss of clinical privileges; and (c) relevant information concerning any payment that is made in settlement (or partial settlement) of, or in satisfaction of a judgment in, a medical malpractice action or claim and, when through a peer review process that is undertaken pursuant to VA policy, negligence, professional incompetence, responsibility for improper care, and/or professional misconduct has been assigned to the individual.</p>
<p>20. Disclosure may be made to any Federal, State, local, tribal or private entity in response to a request concerning a specific provider for the purposes of credentialing providers who provide health care at multiple sites or move between sites. Such disclosures may be made only when: (1) The records are properly constituted in accordance with VA requirements; (2) the records are accurate, relevant, timely, and complete; and (3) disclosure is in the best interests of the Government (i.e., to meet the requirements of contracts, sharing agreements, partnerships, etc.).  When exchange of credentialing information through the exchange of individual records, directly benefits VA's completion of its mission, enhances public confidence in VA's or Federal Government's role in the delivery of health care, then the best interests of the Government are served.</p>
<p>21. Disclosure may be made to individuals, organizations, private or public agencies, or other entities or individuals with whom VA has a contract or agreement to perform such services as VA may deem practicable for the purposes of laws administered by VA, in order for the contractor, subcontractor, public or private agency, or other entity or individual with whom VA has an agreement or contract to perform the services of the contract or agreement.  This routine use includes disclosures by the individual or entity performing the service for VA to any secondary entity or individual to perform an activity that is necessary for individuals, organizations, private or public agencies, or other entities or individuals with whom VA has a contract or agreement to provide the service to VA.</p>
<p>22. 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.</p>
<p>23. 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.</p>
<p>24. VA may disclose information concerning a health care provider's professional qualifications which may be published on publicly facing VA owned or managed internet web sites.  Information to be displayed include the name of provider, gender, name of professional school, post-graduate training program, State of licensure, and board certification. </p>

</xhtmlContent></subsection>
<subsection type="policiesAndPractices"><xhtmlContent>

<p>Storage:</p>
<p>Records are maintained on paper documents or in electronic format. Information included in the record may be stored on microfilm, magnetic tape or disk. Records are maintained at the employing VHA health care facility.  If the individual transfers to another VHA health care facility, the record is transferred to the new location, if appropriate.</p></xhtmlContent></subsection>
<subsection type="retrievability"><xhtmlContent>
<p>Records are retrieved by the names and Social Security number or other assigned identifiers, e.g., the National Provider Identifier (NPI), of the individuals on whom they are maintained.</p>
</xhtmlContent></subsection>
<subsection type="safeguards"><xhtmlContent>

<p>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.</p>
<p>2.  Access to computer room within the health care facilities is generally limited by appropriate locking devices and restricted to authorized VA employees and vendor personnel. Automated data processing peripheral devices are generally placed in secure areas (areas that are locked or have limited access) or are otherwise protected. Information in the Veterans Information Systems Technology Architecture (VistA) system may be accessed by authorized VA employees.  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 that is needed in the performance of their official duties.</p>
<p>3.  Access to records in VA Central Office and the VISN directors and division offices is only authorized to VA personnel on a "need-to-know" basis.  There is limited access to the building with visitor control by security personnel.</p>
<p>4.  The automated system is Internet enabled and will conform to all applicable Federal Regulations concerning information security.  The automated system is protected by a generalized security facility and by specific security techniques used within the application that accesses the data file and may include individually unique passwords/codes and may utilize Public Key Infrastructure (PKI) personal certificates. Both physical and system security measures will meet or exceed those required to provide an adequate level of protection for host systems.  Access to file information is limited to only that information in the file that is needed in the performance of official duties.  Access to computer rooms is restricted generally by appropriate locking devices to authorized operational personnel.  Information submitted to the automated electronic system is afforded the same protections as the data that are maintained in the original files.  Remote on-line access from other agencies to the data storage site is controlled in the same manner.  Access to the electronic data is supported by encryption and the Internet server is insulated by a firewall.</p>

</xhtmlContent></subsection>
<subsection type="retentionAndDisposal"><xhtmlContent>
<p>Paper records are retired to the VA Records Center and Vault (VA RC&amp;V) 3 years after the individual separates from VA employment or when no longer utilized by VA (in some cases, records may be maintained at the facility for a longer period of time) and are destroyed 30 years after separation.  Paper records for applicants who are not selected for VA employment or appointment are destroyed 2 years after non-selection or when no longer needed for reference, whichever is sooner. Electronic records are transferred to the Director, Credentialing and Privileging Program, Office of Quality and Performance, VA Central Office, when the provider leaves the facility.  Information stored on electronic storage media is maintained and disposed of in accordance with records disposition authority approved by the Archivist of the United States.</p>
</xhtmlContent></subsection>
<subsection type="systemManager"><xhtmlContent>
<p>Official responsible for policies and procedures: Director, Credentialing and Privileging Program, Office of Quality, Safety and Value (OQSV), Veterans Health Administration, Department of Veterans Affairs, 810 Vermont Avenue, NW., Washington, DC 20420.</p>
<p>Officials maintaining the system: (1) The chief of staff at the VA health care facility where the provider made application, is employed, or otherwise utilized; (2) the credentialing coordinator of the VA health care facility for individuals who made application for employment or other utilization, or providers currently or previously employed or otherwise utilized at; (3) human resources management offices of the VA health care facility for individuals who made application for employment or other utilization, or providers currently or previously employed or otherwise utilized; (4) VA Central Office or at a VISN location; The electronic data will be maintained by VHA/OQSV, a component thereof, or a contractor or subcontractor of VHA/OQSV.</p>

</xhtmlContent></subsection>
<subsection type="notificationProcedure"><xhtmlContent>
<p>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 for employment or appointment, or are or were employed. Inquiries should include the employee's full name, Social Security number, date of application for employment or appointment or dates of employment or appointment, and return address.</p>
</xhtmlContent></subsection>
<subsection type="recordAccessProcedures"><xhtmlContent>
<p>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 appointment, or are or were employed.</p>
</xhtmlContent></subsection>
<subsection type="contestingRecordProcedures"><xhtmlContent>
<p>(See Record Access Procedures).</p>

</xhtmlContent></subsection>
<subsection type="recordSourceCategories"><xhtmlContent>
<p>Information in this system of records is provided by the applicant/employee, or obtained from State licensing boards, Federation of State Medical Boards, National Council of State Boards of Nursing, National Practitioner Data Bank, Health Integrity and Protection Data Bank, professional societies, national certifying bodies, current or previous employers, other health care facilities and staff, references, educational institutions, medical schools, VA staff, patient, visitors, and VA patient medical records.

</p></xhtmlContent></subsection></section>
<section id="79VA19" toc="yes">
<systemNumber>79VA19</systemNumber>
<subsection type="systemName">Veterans Health Information Systems and Technology Architecture (VistA) Records-VA.
</subsection>
<subsection type="systemLocation"><xhtmlContent><p>Records are maintained at VA health care facilities, Regional Data Processing Centers and
(in most cases), archival storage of the VistA data to back up tapes are maintained at off-site
locations. Address locations for VA facilities are listed in VA Appendix 1. In addition, information
from these records or copies of records may be maintained at the Department of Veterans Affairs, 810
Vermont Avenue, NW., Washington, DC, VA Data Processing Centers, VA Office of Information &amp;
Technology (OI&amp;T) Field Offices, Veterans Integrated Service Network (VISN) Offices, and
Employee Education Systems.
</p></xhtmlContent></subsection>
<subsection type="categoriesOfIndividuals"><xhtmlContent><p>The records include information concerning current and former employees, applicants for
employment, trainees, contractors, sub-contractors, contract personnel, students, providers and
consultants, patients and members of their immediate family, volunteers, maintenance personnel, as
well as individuals working collaboratively with VA.
</p></xhtmlContent></subsection>
<subsection type="categoriesOfRecords"><xhtmlContent><p>The records may include information related to:
</p><p>1. Workload such as orders entered, verified, and edited (<i>e.g.,</i> engineering work orders,
doctors' orders for patient care including nursing care, the scheduling and delivery of medications,
consultations, radiology, laboratory and other diagnostic and therapeutic examinations); results
entered; items checked out and items in use (<i>e.g.,</i> library books, keys, x-rays, patient
medical records, equipment, supplies, reference materials); work plans entered and the subsequent
tracking (<i>e.g.,</i> construction projects, engineering work orders and equipment maintenance and
repairs assigned to employees and status, duty schedules, work assignments, work requirements);
reports of contact with individuals or groups; employees' (including volunteers) work performance
information (<i>e.g.,</i> duties and responsibilities assigned and completed, amount of supplies
used, time used, quantity and quality of output, productivity reports, schedules of patients
assigned and treatment to be provided);
</p><p>2. Administrative procedures, duties, and assignments of certain personnel;
</p><p>3. Computer access authorizations, computer applications available and used, information access
attempts, frequency and time of use; identification of the person responsible for, currently
assigned, or otherwise engaged in various categories of patient care or support of health care
delivery; vehicle registration (motor vehicles and bicycles) and parking space assignments;
community and special project participants and attendees (<i>e.g.,</i> sports events, concerts,
National Wheelchair Games); employee work-related accidents. The record may include identifying
information (<i>e.g.,</i> name, date of birth, age, sex, social security number, taxpayer
identification number); address information (<i>e.g.,</i> home and mailing address, home telephone
number, emergency contact information such as name, address, telephone number, and relationship);
information related to training (<i>e.g.,</i> security, safety, in-service), education and
continuing education (<i>e.g.,</i> name and address of schools and dates of attendance, courses
attended and scheduled to attend, type of degree, certificate, grades etc.); information related to
military service and status; qualifications for employment (<i>e.g.,</i> license, degree,
registration or certification, experience); vehicle information (<i>e.g.,</i> type make, model,
license and registration number); evaluation of clinical and technical skills; services or products
purchased (<i>e.g.,</i> vendor name and address, details about evaluation of service or product,
price, fee, cost, dates purchased and delivered, employee workload and productivity data); employee
work-related injuries (cause, severity, type of injury, body part affected);
</p><p>4. Financial information, such as service line and clinic budgets, projected and actual costs;
</p><p>5. Supply information, such as services, materials and equipment ordered;
</p><p>6. Abstract information (<i>e.g.,</i> data warehouses, environmental and epidemiological
registries, etc.) is maintained in auxiliary paper and automated records;
</p><p>7. Electronic messages;
</p><p>8. The social security number and universal personal identification number of health care
providers;
</p><p>9. Practitioner DEA registration numbers; and
</p><p>10. The Integration Control Number or Veterans Administration Person Identifier.
</p></xhtmlContent></subsection>
<subsection type="authorityForMaintenance"><xhtmlContent><p>Title 38, United States Code, section 7301(a).
</p></xhtmlContent></subsection>
<subsection type="purpose"><xhtmlContent><p>The records and information may be used for statistical analysis to produce various
management, workload tracking and follow-up reports; to track and evaluate the ordering and delivery
of equipment, services and patient care; the planning, distribution and utilization of resources;
the possession and use of equipment or supplies; the performance of vendors, equipment, and
employees; and to provide clinical and administrative support to patient medical care. The data may
be used for research purposes. The data may be used also for such purposes as assisting in the
scheduling of tours of duties and job assignments of employees; the scheduling of patient treatment
services, including nursing care, clinic appointments, surgery, diagnostic and therapeutic
procedures; the repair and maintenance of equipment and for follow-up activities to determine that
the actions were accomplished and to evaluate the results; the registration of vehicles and the
assignment and utilization of parking spaces; to plan, schedule, and maintain rosters of patients,
employees and others attending or participating in sports, recreational or other events (<i>e.g.,</i
> National Wheelchair Games, concerts, picnics); for audits, reviews and investigations conducted by
staff of the health care facility, the Network Directors Office, VA Central Office, and the VA
Office of Inspector General (OIG); for quality assurance audits, reviews, investigations and
inspections; for law enforcement investigations; and for personnel management, evaluation and
employee ratings, and performance evaluations.
</p></xhtmlContent></subsection>
<subsection type="routineUsesOfRecords"><xhtmlContent><p>To the extent that records contained in the system include information protected by 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 routine use unless there is also specific statutory authority permitting
disclosure. VA may disclose protected health information pursuant to the following routine uses
where required by law, or permitted by 45 CFR parts 160 and 164.
</p><p>1. In the event that a record maintained by VA to carry out its functions 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, information may be disclosed to the appropriate agency whether Federal, state, local or
foreign, charged with the responsibility of investigating or prosecuting such violation or charged
with enforcing or implementing the statute or rule, regulation or order issued pursuant thereto.
</p><p>2. Disclosure may be made to any source from which additional information is requested (to the
extent necessary to identify the individual, inform the source of the purpose(s) of the request, and
to identify the type of information requested), when necessary to obtain information relevant to a
Department decision concerning the hiring or retention of an employee, the issuance of a security
clearance, the conducting of a security or suitability investigation of an individual, the letting
of a contract, or the issuance of a license, grant, or other benefits.
</p><p>3. Disclosure may be made to an agency in the executive, legislative, or judicial branch, or the
District of Columbia government in response to its request or at the initiation of VA, in connection
with the hiring of an employee, the issuance of a security clearance, the conducting of a security
or suitability investigation 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 decision.
</p><p>4. Disclosure may be made to a Congressional office from the record of an individual in response
to an inquiry from the Congressional office made at the request of that individual.
</p><p>5. Disclosure may be made to National Archives and Records Administration (NARA) in records
management inspections conducted under authority of 44 U.S.C. 2904 and 2906.
</p><p>6. Disclosure may be made 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.
</p><p>7. Hiring, performance, or other personnel-related information 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.
</p><p>8. Disclosure may be made to a Federal, State or local government licensing board and to the
Federation of State Medical Boards or a similar non-government entity which maintains records
concerning individual 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 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 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.
</p><p>9. For program review purposes, and the seeking of accreditation and/or certification, disclosure
may be made to survey teams of The Joint Commission, College of American Pathologists, American
Association of Blood Banks, and similar national accreditation agencies or boards with whom VA has a
contract or agreement to conduct such reviews, but only to the extent that the information is
necessary and relevant to the review.
</p><p>10. Disclosure may be made to a State or local government entity or national certifying body
which has the 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 or national
certifying body 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.
</p><p>11. Any information 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, rule or order issued pursuant thereto.
</p><p>12. 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.
</p><p>13. Disclosure may be made to the VA-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 VA under medical evaluation (formerly fitness-for-duty)
examination procedures or Department-filed disability retirement procedures.
</p><p>14. 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.
</p><p>15. 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.
</p><p>16. Disclosure may be made to the Federal Labor Relations Authority, including its General
Counsel, when requested in connection with investigation and resolution of allegations of unfair
labor practices, in connection with the resolution of exceptions to arbitrator awards when a
question of material fact is raised and matters before the Federal Service Impasses Panel.
</p><p>17. Disclosure may be made in consideration and selection of employees for incentive awards and
other honors and to publicize those granted. This may include disclosure to other public and private
organizations, including news media, which grant or publicize employee awards or honors.
</p><p>18. Disclosure may be made to consider employees for recognition through administrative and
quality step increases and to publicize those granted. This may include disclosure to other public
and private organizations, including news media, which grant or publicize employee recognition.
</p><p>19. Identifying information such as 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 or clinical privileging/reprivileging of health care
practitioners, and at 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.
</p><p>20. Disclosure of relevant information may be made to the National Practitioner Data Bank or to a
State or local government licensing board which maintains records concerning the issuance, retention
or revocation of licenses, certifications, or registrations necessary to practice an occupation,
profession or specialty when under the following circumstances, through a peer review process that
is undertaken pursuant to VA policy, negligence, professional incompetence, responsibility for
improper care, or professional misconduct has been assigned to a physician or licensed or certified
health care practitioner: (1) On any payment in settlement (or partial settlement) of, or in
satisfaction of a judgment in a medical malpractice action or claim; or, (2) on any final decision
that adversely affects the clinical privileges of a physician or practitioner for a period of more
than 30 days. These records may also be disclosed as part of a computer matching program to
accomplish these purposes.
</p><p>21. Disclosure of medical record data, excluding name and address, unless name and address is
furnished by the requester, may be made to epidemiological and other research facilities for
research purposes determined to be necessary and proper and approved by the Under Secretary for
Health.
</p><p>22. Disclosure of names and addresses of present or former personnel of the Armed Services, and
their dependents, may be made to: (a) A Federal department or agency, at the written request of the
head or designee of that agency; or (b) directly to a contractor or subcontractor of a Federal
department or agency, for the purpose of conducting Federal research necessary to accomplish a
statutory purpose of an agency. When disclosure of this information is made directly to a
contractor, VA may impose applicable conditions on the department, agency, or contractor to insure
the appropriateness of the disclosure to the contractor.
</p><p>23. The social security number, universal personal identification number and other identifying
information of a health care provider may be disclosed to a third party where the third party
requires the agency to provide that information before it will pay for medical care provided by VA.
</p><p>24. Relevant information may be disclosed to individuals, organizations, private or public
agencies, etc., with whom VA has a contract or agreement to perform such services as VA may deem
practical for the purposes of laws administered by VA, in order for the contractor to perform the
services of the contract or agreement.
</p><p>25. Disclosure of relevant health care information may be made to individuals or organizations
(private or public) with whom VA has a contract or sharing agreement for the provision of health
care or administrative or financial services.
</p><p>26. 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.
</p><p>27. 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.
</p><p>28. VA may disclose relevant provider information to a state prescription drug monitoring
program, or similar program, for the purpose of submitting to or receiving from the program
information regarding prescriptions to an individual for controlled substances, as required under
the applicable state law.
</p></xhtmlContent></subsection>
<subsection type="policiesAndPractices"><xhtmlContent><p>Storage:</p>
<p>Records are maintained on paper, microfilm, magnetic tape, disk, or laser optical media. In
most cases, archival storage of the VistA data to backup tapes are maintained at off-site locations.
</p></xhtmlContent></subsection>
<subsection type="retrievability"><xhtmlContent><p>Records are retrieved by name, social security number or other assigned identifiers of the
individuals on whom they are maintained.
</p></xhtmlContent></subsection>
<subsection type="safeguards"><xhtmlContent><p>1. Access to VA working and storage areas is restricted to VA employees on a "need-to-
know" basis. Strict physical security 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 facilities are protected from outside access by the Federal Protective
Service or other security personnel.
</p><p>2. Access to computer rooms at health care facilities and regional data processing centers is
generally limited by appropriate locking devices and restricted to authorized VA employees and
vendor personnel. Automated Data Processing (ADP) peripheral devices are placed in secure areas
(areas that are locked or have limited access) or are otherwise protected. Information in VistA may
be accessed by authorized VA employees. Access to file information is controlled at two levels. The
systems recognize authorized employees by 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. Information that is downloaded from VistA and
maintained on laptops and other approved government equipment is afforded similar storage and access
protections as the data that is maintained in the original files. Access to information stored on
automated storage media at other VA locations is controlled by individually unique passwords/codes.
Access by Office of Inspector General (OIG) staff conducting an audit, investigation, or inspection
at the health care facility, or an OIG office location remote from the health care facility, is
controlled in the same manner.
</p><p>3. Information downloaded from VistA and maintained by the OIG headquarters and Field Offices on
automated storage media is secured in storage areas for facilities to which only OIG staff have
access. Paper documents are similarly secured. Access to paper documents and information on
automated storage media is limited to OIG employees who have a need for the information in the
performance of their official duties. Access to information stored on automated storage media is
controlled by individually unique passwords/codes.
</p></xhtmlContent></subsection>
<subsection type="retentionAndDisposal"><xhtmlContent><p>Paper records and information stored on electronic storage media are maintained and disposed
of in accordance with records disposition authority approved by the Archivist of the United States,
and VA policies and procedures for media sanitization.
</p></xhtmlContent></subsection>
<subsection type="systemManager"><xhtmlContent><p>The official responsible for policies and procedures is the Director, Health Data and
Informatics (HDI) (19F), Department of Veterans Affairs, 810 Vermont Avenue, NW., Washington, DC
20420.
</p></xhtmlContent></subsection>
<subsection type="notificationProcedure"><xhtmlContent><p>Individuals who wish to determine whether this system of records contains information about
them should contact the VA facility location at which they are or were employed or made contact.
Inquiries should include the person's full name, social security number, dates of employment,
date(s) of contact, and return address.
</p></xhtmlContent></subsection>
<subsection type="recordAccessProcedures"><xhtmlContent><p>Individuals seeking information regarding access to and contesting of records in this system
may write, call or visit the VA facility location where they are or were employed or made contact.
</p></xhtmlContent></subsection>
<subsection type="contestingRecordProcedures"><xhtmlContent><p>(See Record Access Procedures above.)
</p></xhtmlContent></subsection>
<subsection type="recordSourceCategories"><xhtmlContent><p>Information in this system of records is provided by the individual, supervisors, other
employees, personnel records, or obtained from their interaction with the system.
</p></xhtmlContent></subsection></section>
<section id="83VA07" toc="yes">
<systemNumber>83VA07</systemNumber>
<subsection type="systemName">VA Police Badge and Training Records System--VA
</subsection>
<subsection type="systemLocation"><xhtmlContent><p>VA Law Enforcement Training Center, VA Medical Center, 2200 Fort Roots Drive, Bldg 104,
North Little Rock, AR 72114.
</p></xhtmlContent></subsection>
<subsection type="categoriesOfIndividuals"><xhtmlContent><p>VA Police Officers who have attended the Basic VA Police Training Course and supplemental
professional training held at the VA Law Enforcement Training Center.
</p></xhtmlContent></subsection>
<subsection type="categoriesOfRecords"><xhtmlContent><p>This system of records contains each VA police officer's name, social security number, badge
number, date of birth, sex, examination scores and class standing, entry-on-duty date, and their
duty station.
</p></xhtmlContent></subsection>
<subsection type="authorityForMaintenance"><xhtmlContent><p>38 U.S.C. 501 and 902
</p></xhtmlContent></subsection>
<subsection type="purpose"><xhtmlContent><p>The records and information contained in this system of records are necessary for the
effective administration and management of the Department's nationwide Security and Law Enforcement
Program. The collection and use of accurate, up-to-date data are necessary for the purpose of
enforcing the law and protecting persons and property on VA property and at VA Central Office.
</p></xhtmlContent></subsection>
<subsection type="routineUsesOfRecords"><xhtmlContent><p>1. The record of an individual who is covered by this system of records may be disclosed to
a Member of Congress, or a staff person acting for the Member, when the Member or staff person
requests the record on behalf of and at the written request of the individual.
</p><p>2. Disclosure may be made to the National Archives and Records Administration in records
management inspections conducted under the authority of Title 44 U.S.C.
</p><p>3. 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 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
that is compatible with the purpose for which VA collected the records.
</p><p>4. 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 sub-contractor to perform the services of the
contract or agreement.
</p><p>5. 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.
</p><p>6. 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.
</p><p>7. 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 Title 38
U.S.C. 5724, as the terms are defined in Title 38 U.S.C. 5727.
</p><p>8. Disclosure may be made to the DoJ 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, Title 28 United
States Code, Section 2672.
</p><p>9. 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 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.
</p><p>10. Information in this system regarding traffic accidents may be disclosed to private insurance
companies for use in determining payment of a claim under a policy.
</p><p>11. To assist attorneys in representing their clients, any information in this system may be
disclosed to attorneys representing veterans, U.S. government employees, retirees, volunteers,
contractors, subcontractors, or private citizens being investigated and prosecuted for violating the
law, except where VA has decided release is inappropriate under Title 5 United States Code, Section
552a(j) and (k).
</p><p>12. Disclosure of information to the Federal Labor Relations Authority (including its General
Counsel) when requested in connection with the investigation and resolution of allegations of unfair
labor practices; in connection with the resolution of exceptions to arbitrator awards when a
question of material fact is raised; in connection with matters before the Federal Service Impasses
Panel; and to investigate representation petitions and conduct or supervise representation
elections.
</p><p>13. 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.
</p><p>14. Information may be disclosed to officials of the Merit Systems Protection Board, and 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 Title 5 United
States Code, Sections 1205 and 1206, or as may be authorized by law.
</p><p>15. Disclosure may be made 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.
</p><p>16. To the Office of Management and Budget when necessary to the review of private relief
legislation pursuant to OMB Circular No. A-19.
</p></xhtmlContent></subsection>
<subsection type="policiesAndPractices"><xhtmlContent><p>Storage:</p>
<p>The VA Law Enforcement Training Center maintains the information on the mainframe
Information Resources Management System which will subsequently be transferred to hard disk.
</p></xhtmlContent></subsection>
<subsection type="retrievability"><xhtmlContent><p>Information is retrieved by the VA police officer's name, badge number or class number.
</p></xhtmlContent></subsection>
<subsection type="safeguards"><xhtmlContent><p>Information is under the control of the Deputy Assistant Secretary for Security and Law
Enforcement and staff members who have a legitimate need to know the contents of the system of
records in order to perform their duties. Computer records are stored in a computer network to which
only these individuals have access. No personal identifiers are used in statistical and management
reports.
</p></xhtmlContent></subsection>
<subsection type="retentionAndDisposal"><xhtmlContent><p>These records are retained and disposed of in accordance with General Records Schedule 18,
item 22a, approved by the National Archives and Records Administration (NARA). Records are destroyed
upon notification of death or not later than five years after separation or transfer of employee,
whichever is applicable. The records are disposed of by electronic erasure, shredding, or burning.
</p></xhtmlContent></subsection>
<subsection type="systemManager"><xhtmlContent><p>Director, Law Enforcement Training Center, 2200 Fort Roots Drive, North Little Rock, AR
72214.
</p></xhtmlContent></subsection>
<subsection type="notificationProcedure"><xhtmlContent><p>Individuals desiring to know whether this system of records contains a record pertaining to
him or her, how he or she may gain access to such a record, and how he or she may contest the
content of such a record may write to the following address: Director, Law Enforcement Training
Center, 2200 Fort Roots Drive, North Little Rock, AR 72214. The following information, or as much as
is available, should be furnished in order to identify the record: Name of individual, class number,
or badge number in order to identify the record.
</p></xhtmlContent></subsection>
<subsection type="recordAccessProcedures"><xhtmlContent><p>Same as notification procedures. Requesters should also reasonably specify the record
contents being sought. Rules regarding access to Privacy Act records appear in Title 5 CFR part
552d. If additional information or assistance is required, contact the Director, Law Enforcement
Training Center, 2200 Fort Roots Drive, North Little Rock, AR 72114, 501-257-4160.
</p></xhtmlContent></subsection>
<subsection type="contestingRecordProcedures"><xhtmlContent><p>Same as notification procedures. Requesters should also reasonably identify the record,
specify the information they are contesting, state the corrective action sought and the reasons for
the correction along with supporting justification showing why the record is not accurate, timely,
relevant, or complete. Rules regarding amendment of Privacy Act records appear in Title 5 CFR part
552d. If additional information or assistance is required, contact the Director, Law Enforcement
Training Center, 2200 Fort Roots Drive, North Little Rock, AR 72114, 501-257-4160.
</p></xhtmlContent></subsection>
<subsection type="recordSourceCategories"><xhtmlContent><p>Personal information is furnished by medical center personnel submitting names of newly
hired VA police officers for training and may be furnished or corrected subsequently by trainees
themselves. Assigned badge numbers for police officers are assigned by the VA Law Enforcement
Training Center and entered into the record.
</p><p><b>Appendix 1: Addresses of Veterans Administration Facilities
</b></p><p>Alabama AL
</p><p>VA Medical Center, 700 South 19th St., Birmingham, Alabama 35233
</p><p>Mobile National Cemetery, 1202 Virginia St., Mobile, Alabama 36604
</p><p>VA Outpatient Clinic Substation, 2451 Fillingim St., Mobile, Alabama 36617 (MAIL: VAMC, Biloxi,
MS 39531)
</p></xhtmlContent></subsection></section>
<section id="86VA111K" toc="yes">
<systemNumber>84VA111K</systemNumber>
<subsection type="systemName">"National Chaplain Management Information System (NCMIS)-VA."
</subsection>
<subsection type="systemLocation"><xhtmlContent><p>The data base will reside on its own micro-computers at the National VA Chaplain Center
(301/111K) at the Department of Veterans Affairs (VA) Medical Center (VAMC) located at 100
Emancipation Road, Hampton, Virginia 23667.
</p></xhtmlContent></subsection>
<subsection type="categoriesOfIndividuals"><xhtmlContent><p>The personal data collected will be limited to VA Chaplains, other VA Chaplain Service
staff, applicants for VA chaplain positions (VA employees and individuals seeking VA employment),
and selected providers of services to the VA chaplaincy.
</p></xhtmlContent></subsection>
<subsection type="categoriesOfRecords"><xhtmlContent><p>1. The following data will be collected on individuals who are VA chaplains or chaplain
candidates: Name, date of birth, Social Security Number, educational data (e.g., college degrees),
membership in religious bodies and related religious experience, employment history relevant to the
chaplaincy, name, location and dates of significant professional events (e.g., ordination),
continuing education data (e.g., name, location and type of continuing education course),
psychological and related survey data relevant to personal and professional development activities
in support of chaplain development and research in the Chaplain Service (e.g., Myers-Briggs, 16PF
Survey, leadership style surveys, etc.), data to verify and validate the effectiveness of
affirmative action programs, work-related performance data, and performance data appropriate for
national aggregation and management applications (e.g., bedside visits, number of chapel services,
office visits, etc.), and 2. The following additional data may be maintained for resource providers
who have or may assist in the work of the chaplaincy; names of consultants or providers, their
organization, type of services provided, effectiveness and performance on contracts, special
characteristics related to nature of their service (e.g., techniques or manner of teaching
bereavement counseling, resources used, etc.), and nature of correspondence and related
administrative matters.
</p></xhtmlContent></subsection>
<subsection type="authorityForMaintenance"><xhtmlContent><p>Title 38, United States Code, Sec. 7304(a).
</p></xhtmlContent></subsection>
<subsection type="purpose"><xhtmlContent><p>The information will be used as part of a comprehensive program in Total Quality Improvement
(TQI) in order to facilitate: (1) More meaningful and effective management of the functions and
performance of Chaplain Services, (2) staff development to enhance and improve the work related
activities of chaplains nationally, (3) the personal growth and spiritual development of all
chaplains over and above improving the performance of their duties, (4) the documentation and
tracking of credentialing and privileging for all chaplains providing patient care in the system,
and (5) personnel related decisions.
</p></xhtmlContent></subsection>
<subsection type="routineUsesOfRecords"><xhtmlContent><p>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
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.
</p><p>1. A record from this system of records may be disclosed to any source from which additional
information is requested (to the extent necessary to identify the individual, inform the source of
purpose(s) of the request, and to identify the type of information requested), when necessary to
obtain information relevant to a Department decision concerning the hiring or retention of any
employee, the issuance or reappraisal of clinical privileges, the conducting of a security or
suitability investigation of an individual, the letting of a contract, or the issuance of a license,
grant, or other benefit.
</p><p>2. A record from this system of records may be disclosed to an agency in executive, legislative,
or judicial branch, in response to its request, or at the initiation of VA, information in
connection with the hiring of an employee, the issuance of security clearance, the conducting of a
security or suitability investigation of an individual, the letting of a contract, the issuance of a
license, grant or other benefits by the requesting agency, to the extent that the information is
relevant and necessary to the requesting agency's decision.
 </p><p>3. Disclosure may be made to a congressional office from the record of an individual in response
 to an inquiry from the congressional office made at the request of that individual.
</p><p>4. Disclosure may be made to National Archives and Records Administration (NARA) and the General
Services Administration (GSA) in records management inspections conducted under authority of 44
U.S.C. 2904 and 2906.
</p><p>5. 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 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
that is compatible with the purpose for which VA collected the records.
</p><p>6. Hiring, performance, or other personnel related information 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.
</p><p>7. 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.
</p><p>8. Disclosure may be made 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.
</p><p>9. 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.
</p><p>10. 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.
</p><p>11. 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, in connection with the resolution of exceptions to arbitrator awards when a
question of material fact is raised and matters before the Federal Service Impasses Panel.
</p><p>12. 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.
</p><p>13. 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.
</p><p>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.
</p><p>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.
</p></xhtmlContent></subsection>
<subsection type="policiesAndPractices"><xhtmlContent><p>Storage:</p>
<p>Records are maintained on micro-computers.
</p></xhtmlContent></subsection>
<subsection type="retrievability"><xhtmlContent><p>Records are retrieved by the names. Social Security Numbers, or other assigned identifiers
of the individuals on whom they are maintained.
</p></xhtmlContent></subsection>
<subsection type="safeguards"><xhtmlContent><p>1. Access to VA working and storage areas 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 facilities are protected from outside access by the Federal Protective Service or
other security personnel.
</p><p>2. All chaplains and other VA employees who enter or use data in the data base will do so by
direct access into the system, or by means of the national VA communications network (VADATS/IDCU).
All users must have access and verify codes maintained by the National Chaplain Center. All staff
access to the system data will be restricted to only that data required on a "need-to-know
" basis consistent with the routine performance of their duties. Access to individual work
stations will be protected under security protocols established at the user's facility. Computers
will be maintained in the locked environment in the main computer room of the VA Medical Center,
Hampton, Virginia.
</p></xhtmlContent></subsection>
<subsection type="retentionAndDisposal"><xhtmlContent><p>Paper records and information stored on electronic storage media are maintained and disposed
of in accordance with records disposition authority approved by the Archivist of the United States.
</p></xhtmlContent></subsection>
<subsection type="systemManager"><xhtmlContent><p>Director, Chaplain Service (301/111K), National VA Chaplain Center, VA Medical Center, 100
Emancipation Road, Hampton, Virginia 23667.
</p></xhtmlContent></subsection>
<subsection type="notificationProcedure"><xhtmlContent><p>Individuals who wish to determine whether this system of records contains information about
them should write to the System Manager at the above address. Inquiries should include the
individual's name, address, and social security number.
</p></xhtmlContent></subsection>
<subsection type="recordAccessProcedures"><xhtmlContent><p>Individuals seeking information regarding access to and contesting of records in this system
may write, call or visit the System Manager at the above address.
</p></xhtmlContent></subsection>
<subsection type="contestingRecordProcedures"><xhtmlContent><p>(<i>See</i> Record Access Procedures above.)
</p></xhtmlContent></subsection>
<subsection type="recordSourceCategories"><xhtmlContent><p>Information in this system of records is provided by the applicant/employee, or obtained
from current or previous employers, references, educational institutions, religious bodies and/or
their representatives and VA staff.
</p></xhtmlContent></subsection></section>
<section id="14VA00S1" toc="yes">
<systemNumber>86VA00S1</systemNumber>
<subsection type="systemName">Workers' Compensation-Occupational Safety and Health/Management Information System--VA.
</subsection>
<subsection type="systemLocation"><xhtmlContent><p> Department of Veterans Affairs (VA) Austin Information Technology Center, Austin, Texas,
and information in the database can be viewed and downloaded by employees with workers' compensation
case management and safety responsibilities at VA employing facilities.
</p></xhtmlContent></subsection>
<subsection type="categoriesOfIndividuals"><xhtmlContent><p>All VA and former VA employees who have incurred a job-related injury/disease and have an
active claim file with the Office of Workers' Compensation Programs (OWCP).
</p></xhtmlContent></subsection>
<subsection type="categoriesOfRecords"><xhtmlContent><p>Records in the system include the OWCP quarterly injury/disease chargeback reports, weekly
Case Management File (CMF) Reports, weekly Automated Compensation Payment System (ACPS) Reports,
weekly Bill Payment System (BPS) Reports, data on VA's continuation of pay (COP) costs, and some
elements from the Personnel and Accounting Integrated Data System--VA. The computer data base
records include the claimant's name, address, Social Security number, date of birth, grade, salary,
telephone number, OWCP's case adjudication status (approved or denied, waiting adjudication, file
sent to Hearings and Review for decision), accepted medical condition(s), compensation paid (amount
and time period covered), medical bills paid (name of physician, hospital or health facility, type
of treatment, date of treatment, amount paid, amount paid for medical equipment, and rehabilitation
expenses), COP authorized or denied, dates COP is paid, number of days of COP, and total amount
paid.
</p></xhtmlContent></subsection>
<subsection type="authorityForMaintenance"><xhtmlContent><p>Public Law 91-596; 5 U.S.C. 8101 <i>et seq.</i>; and Federal Regulations 20 CFR part
10, 29 CFR part 1960, and 5 CFR ch. 1, part 353.
</p></xhtmlContent></subsection>
<subsection type="purpose"><xhtmlContent><p>The information contained in this system of records is used to case manage each worker's
compensation claim, to produce statistical management reports, monitor the case management
performance of each VA employing facility, and produce statistical reports on the source and type of
injuries occurring at each facility.
</p></xhtmlContent></subsection>
<subsection type="routineUsesOfRecords"><xhtmlContent><p>1. Disclosure may be made to any third-party or representative acting on claimant's behalf
until the claim is adjudicated, all appeal rights are resolved, and the case file is closed.
</p><p>2. In the event that records in this system of records indicate 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, the
relevant records may be referred, as a routine use, to the appropriate agency, whether Federal,
state, local or foreign, charged with the responsibility for investigating or prosecuting such
violation or charged with enforcing or implementing the statute, or rule, regulation or order issued
pursuant thereto.
</p><p>3. 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 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
that is compatible with the purpose for which VA collected the records.
</p><p>5. The record of an individual who is covered by a system of records may be disclosed to a Member
of Congress, or a staff person acting for the Member, when the Member or staff person requests the
record on behalf of and at the written request of the individual.
</p><p>6. Disclosure 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, Chapter 29 of the U.S. Code.
</p><p>7. Disclosure may be made to any source from which additional information is needed in order to
properly make case management decisions. Disclosure of statistical data may be made to other VA
facilities and Federal agencies.
</p><p>8. 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 in order for the contractor,
subcontractor, public or private agency, or other entity or individual with whom VA has a contract
or agreement to perform the services of the contract or agreement.
</p><p>9. 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.
</p><p>10. 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.
</p><p>11. 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.
</p></xhtmlContent></subsection>
<subsection type="policiesAndPractices"><xhtmlContent><p>Storage:</p>
<p>Paper documents and computer storage media.
</p></xhtmlContent></subsection>
<subsection type="retrievability"><xhtmlContent><p>Information is retrievable by the name of VA claimant, Social Security number, and OWCP case
file number.
</p></xhtmlContent></subsection>
<subsection type="safeguards"><xhtmlContent><p>Access to the WC-OSH/MIS database is restricted to OWCP Case Managers and Safety
Officials. Paper records are maintained in a secured area with limited access. Access to data is by
means of online (query) database or downloading with a personal computer and is restricted to
authorized employees by means of unique user identification and passwords.
</p></xhtmlContent></subsection>
<subsection type="retentionAndDisposal"><xhtmlContent><p>Records are destroyed 30 years after OWCP closes the claimant's case file. Records are
destroyed by shredding or burning paper documents, or by erasing the magnetic media.
</p></xhtmlContent></subsection>
<subsection type="systemManager"><xhtmlContent><p>Deputy Assistant Secretary for Administration (03), Department of Veterans Affairs, 810
Vermont Avenue, NW., Washington, DC 20420.
</p></xhtmlContent></subsection>
<subsection type="notificationProcedure"><xhtmlContent><p>Employees desiring to know whether this system of records contains a record pertaining to
them must submit a written request to VA's Human Resources Management Office of employment or to the
office of last employment for former employees.
</p></xhtmlContent></subsection>
<subsection type="recordAccessProcedures"><xhtmlContent><p>Employees seeking information regarding access to and contesting of VA records may write,
call, or visit VA's Human Resources Management Office of Employment.
</p></xhtmlContent></subsection>
<subsection type="contestingRecordProcedures"><xhtmlContent><p>See record access procedures above.
</p></xhtmlContent></subsection>
<subsection type="recordSourceCategories"><xhtmlContent><p>Data tapes furnished by OWCP, data elements from the Personnel and Accounting Integrated
Data System--VA, VA COP data, and VA employees.
</p></xhtmlContent></subsection></section>
<section id="87VA045" toc="yes">
<systemNumber>87VA045</systemNumber>
<subsection type="systemName">Automated Customer Registration System (ACRS)-VA
</subsection>
<subsection type="systemLocation"><xhtmlContent><p>The automated records are maintained by the VA Automation Center, 1615 Woodward Street,
Austin, TX 78772. The paper records will be maintained at each VA field station that has a
responsibility for ACRS input.
</p></xhtmlContent></subsection>
<subsection type="categoriesOfIndividuals"><xhtmlContent><p>All Department of Veterans Affairs employees, employees of other Government agencies and
authorized contractor personnel who have requested and have been granted access to the automated
resources of the VA's Austin Automation Center (AAC).
</p></xhtmlContent></subsection>
<subsection type="categoriesOfRecords"><xhtmlContent><p>The records in this system, in both paper and electronic form, will include the names and
social security numbers of all personnel who have requested and been granted access to the automated
resources at the AAC. The records will also include business address and telephone number, job title
and information relating to data file and computer system access permissions granted to that
individual.
</p></xhtmlContent></subsection>
<subsection type="authorityForMaintenance"><xhtmlContent><p>Title 38, U.S.C. 501.
</p></xhtmlContent></subsection>
<subsection type="purpose"><xhtmlContent><p>The purpose of this system of records is to allow the VA Austin Automation Center (AAC) in
Austin, TX, to maintain a current list of all VA employees, employees of other Government agencies
and authorized contractor personnel who require access to the computer resources of the AAC, in
accordance with Federal computer security requirements.
</p></xhtmlContent></subsection>
<subsection type="routineUsesOfRecords"><xhtmlContent><p>1. At the initiative of VA, pertinent information may be disclosed to appropriate Federal,
State or local agencies responsible for investigating, prosecuting, enforcing or implementing
statutes, rules, regulations or orders, where VA becomes aware of an indication of a violation or
potential violation of civil or criminal law or regulation.
</p><p>2. Disclosure of specific information may be made to a Federal agency, in response to its
request, to the extent that the information requested is relevant and necessary to the requesting
agency's decision in connection with hiring or retaining an employee, issuing a security clearance,
conducting a security or suitability investigation on an individual, classifying jobs, awarding a
contract or issuing a license, grant or other benefit.
</p><p>3. Information may be provided to a congressional office in response to an inquiry from that
congressional office made at the request of the individual and concerning that individual's record
in this system.
</p><p>4. Disclosure of information may be made to officials of the Merit Systems Protection Board,
including the Office of the Special Counsel, the Federal Labor Relations Authority and its General
Counsel or the Equal Employment Opportunity Commission, when requested in performance of their
authorized duties, and the request is not in connection with a law enforcement investigation.
</p><p>5. The Department of Veterans Affairs (VA) may disclose records in this system or records in
proceedings before a court or adjudicative body before which VA is authorized to appear when VA, a
VA official or employee, the United States, or an individual or entity for whom the United States is
providing representation is a party to litigation or has an interest in such litigation, and VA
determines that the use of such records is relevant and necessary to the litigation, provided,
however, that in each case, the agency determines that disclosure of the records is a use of the
information contained in the records that is compatible with the purpose for which the records were
collected.
</p><p>6. The Department of Veterans Affairs (VA) may disclose records in this system of records to the
Department of Justice when VA, a VA official or employee, the United States, or an individual or
entity for whom the United States is providing representation is a party to litigation or has an
interest in such litigation, and the use of such records by the Department of Justice is deemed by
VA to be relevant and necessary to the litigation, provided, however, that in each case, the agency
determines that disclosure of the records to the Department of Justice is a use of the information
contained in the records that is compatible with the purpose for which the records were collected.
</p><p>7. Disclosure may be made during reviews by the National Archives and Records Administration in
records management inspections conducted under authority of 44 U.S.C. 2904 and 2906.
</p></xhtmlContent></subsection>
<subsection type="policiesAndPractices"><xhtmlContent><p>Storage:</p>
<p>Each field station responsible for inputting records into the system will retain the
original signed paper copies of requests for system access in locked containers. Data files
supporting the automated system are stored in a secure area located at the Austin Automation Center.
Data files are stored on magnetic disk and, for archival purposes, on magnetic tape.
</p></xhtmlContent></subsection>
<subsection type="retrievability"><xhtmlContent><p>Paper records are maintained in alphabetical order by last name of the requester. Automated
records are retrieved by individual name or by a specific automated resource.
</p></xhtmlContent></subsection>
<subsection type="safeguards"><xhtmlContent><p>Paper records in progress are maintained in a manned room during working hours. Paper
records maintained for archival purposes are stored in locked containers until needed. During non-
working hours, the paper records are kept in a locked container in a secured area. Access to the
records is on a need-to-know basis only.
</p><p>Access to the automated system is via computer terminal; standard security procedures, including
a unique customer identification code and password combination, are used to limit access to
authorized personnel only. Specifically, in order to obtain access to the automated records
contained in this system of records, an individual must:
</p><p>(1) Have access to the automated resources of the AAC. An individual may not self-register for
this access. Formal documentation of the request for access, signed by the employee's supervisor, is
required before an individual may obtain such access. Authorized customers are issued a customer
identification code and one-time password.
</p><p>(2) Be an authorized official of the ACRS system. Only two individuals per field station may be
designated ACRS officials with access to add, modify or delete records from the system. These
individuals require a specific functional task code in their customer profile; this functional task
can only be assigned by the AAC. A limited number of supervisory or managerial employees throughout
VA will have read-only access for the purpose of monitoring ACRS activities.
</p></xhtmlContent></subsection>
<subsection type="retentionAndDisposal"><xhtmlContent><p>Records will be maintained and disposed of in accordance with the records disposal authority
approved by the Archivist of the United States, the National Archives and Records Administration and
published in Agency Records Control Schedules. Paper records will be destroyed by shredding or other
appropriate means for destroying sensitive information. Automated storage records are retained and
destroyed in accordance with a disposition authorization approved by the Archivist of the United
States.
</p></xhtmlContent></subsection>
<subsection type="systemManager"><xhtmlContent><p>Director, VA Austin Automation Center, 1615 Woodward Street, Austin, TX 78772. The phone
number is (512) 326-6000.
</p></xhtmlContent></subsection>
<subsection type="notificationProcedure"><xhtmlContent><p>An individual who wishes to determine whether a record is being maintained in this system
under his or her name or other personal identifier or who wants to determine the contents of such
records should submit a written request or apply in person to the Director, VA Austin Automation
Center, 1615 Woodward Street, Austin, TX 78772.
</p></xhtmlContent></subsection>
<subsection type="recordAccessProcedures"><xhtmlContent><p>An individual who seeks access or wishes to contest records maintained under his or her name
or other personal identifier may write, call or visit the System Manager.
</p></xhtmlContent></subsection>
<subsection type="contestingRecordProcedures"><xhtmlContent><p>See record access procedures above.
</p></xhtmlContent></subsection>
<subsection type="recordSourceCategories"><xhtmlContent><p>Individuals who have applied for and been granted access permission to the resources of the
Austin Automation Center (AAC).

</p></xhtmlContent></subsection></section>
<section id="14VA005OP" toc="yes">
<systemNumber>87VA005OP</systemNumber>
    <subsection type="systemName">Customer User Provisioning System (CUPS)-VA</subsection>

    <subsection type="systemLocation">
        <xhtmlContent>
            <p>The automated records are maintained by the Enterprise Operations (EO), 1615 Woodward Street, Austin, TX 78772. The paper records will be maintained at each VA field station that has a responsibility for CUPS input.</p>
            </xhtmlContent></subsection>
            <subsection type="categoriesOfIndividuals">
                <xhtmlContent>
                    <p> All Department of Veterans Affairs employees, employees of other government agencies, and authorized contractor personnel who have requested and have been granted access to the automated resources of VA Enterprise Operations (EO).</p>
                </xhtmlContent>
            </subsection>
            <subsection type="categoriesOfRecords">
                <xhtmlContent>
                    <p> The records in this system, in both paper and electronic form, will include the names and network user-ID of all personnel who have requested and been granted access to the automated resources at EO. The records will also include business address and telephone number, job title, and information relating to data file and computer system access permissions granted to that individual.</p>
                </xhtmlContent>
            </subsection>
            <subsection type="authorityForMaintenance">
                <xhtmlContent>
                    <p> Title 38, United States Code, Section 501.</p>
                </xhtmlContent>
            </subsection>
            <subsection type="purpose">
                <xhtmlContent>
                    <p>The purpose of this system of records is to allow EO in Austin, Texas, to maintain a current list of all VA employees, employees of other government agencies, and authorized contractor personnel who require access to the computer resources of EO, in accordance with Federal computer security requirements.</p>
                </xhtmlContent>
            </subsection>
            <subsection type="routineUsesOfRecords">
                <xhtmlContent>
                    <p>1. At the initiative of VA, pertinent information may be disclosed to appropriate Federal, State or local agencies responsible for investigating, prosecuting, enforcing or implementing statutes, rules, regulations or orders, where VA becomes aware of an indication of a violation or potential violation of civil or criminal law or regulation.</p>
                    <p>2. Disclosure of specific information may be made to a Federal agency, in response to its request, to the extent that the information requested is relevant and necessary to the requesting agency’s decision in connection with hiring or retaining an employee, issuing a security clearance, conducting a security or suitability investigation on an individual, classifying jobs, awarding a contract or issuing a license, grant or other benefit.</p>
                    <p>3. Disclosure of information may be made to officials of the Merit Systems Protection Board, including the Office of the Special Counsel, the Federal Labor Relations Authority and its General Counsel or the Equal Employment Opportunity Commission, when requested in performance of their authorized duties, and the request is not in connection with a law enforcement investigation.</p>
                    <p>4. The record of an individual who is covered by this system or records may be disclosed to a member of Congress, or staff person acting for the member when the member or staff person requests the record on behalf of and at the written request of that individual.</p>
                    <p>5. Disclosure may be made to the National Archives and Records Administration and General Services Administration for record management inspections conducted under Authority of Title 44 U.S.C.</p>
                    <p>6. 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 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 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.</p>
                    <p>7. 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.</p>
                    <p>8. VA may disclose on its own initiative any information in this system, except the names and home addresses of veterans and their dependents, that 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, 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, rule, regulation or order. VA may also disclose on its own initiative the names and addresses of veterans with the responsibility of investigating or prosecuting civil, criminal, or regulatory violations if law, or charged with enforcing or implementing the statute regulation, or order issued pursuant thereto.</p>
                    <p>9. 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.</p>
                    <p>10. 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) VA 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 the economic or property interests, identity theft or fraud, or harm to security, confidentially, or integrity of this system or other systems or programs (whether maintained by VA 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 VA’s efforts to respond to the suspected or confirmed compromise and prevent, minimize, or remedy such harm. This routine use permits disclosures by VA 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</p>
                    <p>U.S.C. 5724, as the terms are defined in 38 U.S.C. 5727.</p>
                                        </xhtmlContent>
            </subsection>
            <subsection type="policiesAndPractices">
                <xhtmlContent>
                    <p>Storage:</p>
                    <p> Each field station responsible for inputting records into the system will retain the original signed paper copies of requests for system access in locked containers. Data files supporting the automated system are stored in a secure area located at EO. Data files are stored on magnetic disk and, for archival purposes, on magnetic tape.</p>
                </xhtmlContent>
            </subsection>
            <subsection type="retrievability">
                <xhtmlContent>
                    <p> Paper records are maintained in alphabetical order by last name of the requester. Automated records are retrieved by individual name or by a specific automated resource.</p>
                </xhtmlContent>
            </subsection>
            <subsection type="safeguards">
                <xhtmlContent>
                    <p> Paper records in progress are maintained in a manned room during working hours. Paper records maintained for archival purposes are stored in locked containers until needed. During non-working hours, the paper records are kept in a locked container in a secured area. Access to the records is on a need-to-know basis only. Access to the automated system is via computer terminal; standard security procedures, including a unique customer identification code and password combination, are used to limit access to authorized personnel only.</p>
                    <p> Specifically, in order to obtain access to the automated records contained in this system of records, an individual must:</p>
                    <p>1. Have access to the automated resources of EO. An individual may not self-register for this access. Formal documentation of the request for access, signed by the employee’s supervisor, is required before an individual may obtain such access. Authorized customers are issued a customer identification code and one- time password.</p>
                    <p>2. Be an authorized official of the CUPS system. Only two individuals per field station may be designated CUPS officials with access to add, modify or delete records from the system. These individuals require a specific functional task code in their customer profile; this functional task can only be assigned by EO. A limited number of supervisory or managerial employees throughout VA will have read-only access for the purpose of monitoring CUPS activities.</p>
                </xhtmlContent>
            </subsection>
            <subsection type="retentionAndDisposal">
                <xhtmlContent>
                    <p> Records will be maintained and disposed of in accordance with the records disposal authority approved by the Archivist of the United States, the National Archives and Records Administration, and published in Agency Records Control Schedules.</p>
                    <p>Paper records will be destroyed by shredding or other appropriate means for destroying sensitive information. Automated storage records are retained and destroyed in accordance with a disposition authorization approved by the Archivist of the United States.</p>
                </xhtmlContent>
            </subsection>
            <subsection type="systemManager">
                <xhtmlContent>
                    <p> Officials responsible for policies and procedures; Deputy Director, Security Systems, 1615 Woodward Street, Austin, Texas 78772.  The telephone number is (512) 326-6021.</p>
                </xhtmlContent>
            </subsection>
            <subsection type="notificationProcedure">
                <xhtmlContent>
                    <p> Individuals who wish to determine whether this system of records contains information about them should contact the Deputy Director, Security Systems, 1615 Woodward Street, Austin, Texas 78772.  The telephone number is (512) 326-6021.</p>
                </xhtmlContent>
            </subsection>
            <subsection type="recordAccessProcedures">
                <xhtmlContent>
                    <p> An individual who seeks access or wishes to contest records maintained under his or her name or other personal identifier may write, call, or visit the system manager.</p>
                </xhtmlContent>
            </subsection>
            <subsection type="contestingRecordProcedures">
                <xhtmlContent>
                    <p>(See Record Access Procedures above.)</p>
                </xhtmlContent>
            </subsection>
            <subsection type="recordSourceCategories">
                <xhtmlContent>
                    <p> Individuals who have applied for and been granted access permission to the resources of EO.  </p>
                </xhtmlContent>
            </subsection></section>
        
            <section id="88VA20A6" toc="yes">
<systemNumber>88VA20A6</systemNumber>
<subsection type="systemName">Accounts Receivable Records-VA
</subsection>
<subsection type="systemLocation"><xhtmlContent><p>Automated indebtedness records for first-party medical billing, compensation, pension,
educational assistance, survivors' and dependents' educational assistance and most home loan debts
are maintained at the VA's Austin Automation/Systems Development Center in Austin, Texas. Extracts
of benefit and home loan debt automated records are maintained in the Benefits Delivery Network for
accounting and adjudication purposes. The Benefits Delivery Network is administered by the Benefit
Delivery Center (BDC), Hines, Illinois. First-party medical billing information is extracted from
records maintained at VA medical facilities and in automated media as more fully described in the
Privacy Act system of records, 24VA136, "Patient Medical Records--VA" (56 FR 1054, Jan. 10,
1991). Automated and paper indebtedness records for the Civilian Health and Medical Program of the
Department of Veterans Affairs (CHAMPVA) are maintained at the CHAMPVA Center in Denver, Colorado
and are more fully described in the Privacy Act system of records, 54VA136, "Veteran's Spouse or
Dependent Civilian Health and Medical Care Records--VA" 40 FR 38095 (Aug. 26, 1975), as amended
at 53 FR 23845 (Jun. 24, 1988), 53 FR 25238 (Jul. 5, 1988) and 56 FR 26186 (Jun. 6, 1991). Certain
paper records, microfilm and microfiche are maintained at the VA Debt Management Center (DMC), Ft.
Snelling, Minnesota. Education loan and miscellaneous home loan automated, paper, microfilm and
microfiche records are maintained at DMC. Automated and paper indebtedness records related to the
All-Volunteer Force Educational Assistance Program are also maintained at DMC. Paper records related
to benefit and home loan accounts receivable may be maintained in individual file folders located at
the VA regional office having jurisdiction over the domicile of the claimant or the geographic area
in which a property securing a VA guaranteed, insured or direct loan is located. Similarly, paper
and automated records related to first-party medical billing and CHAMPVA are also maintained in
individual patient medical records at VA health care facilities and CHAMPVA Center. Generally and
with the exception of claims against third-party insurers and certain first-party medical debts,
automated records and papers maintained at regional offices, health care facilities and CHAMPVA
Center are not used directly in the debt collection process unless they are forwarded by
conventional mail, electronic mail or facsimile to DMC. Records provided to the Department of
Housing and Urban Development (HUD) for inclusion in the Credit Alert Interactive Voice Response
System (CAIVRS) are located at the HUD Data Processing Center in Lanham, Maryland.
</p></xhtmlContent></subsection>
<subsection type="categoriesOfIndividuals"><xhtmlContent><p>Persons indebted to the United States Government as a result of their participation in
benefit programs (including health care programs) administered by VA under title 38, United States
Code, chapters 11, 13, 15, 17, 21, 30, 31, 34, 35, 36 and 37, including persons indebted to the
United States Government by virtue of their ownership, contractual obligation or rental of property
owned by the Government or encumbered by a VA-guaranteed, insured, direct or vendee loan. Persons
indebted to the United States Government as a result of their participation in a benefit program
administered by VA under 10 U.S.C. or 10 U.S.C. ch. 1606. Persons who received benefits or services
under 38 U.S.C. or 10 U.S.C. ch. 1606, but who did not meet the requirements for receipts of such
benefits or services.
</p></xhtmlContent></subsection>
<subsection type="categoriesOfRecords"><xhtmlContent><p>Information varies depending on the benefit type (including health care and home loan) from
which the debt arose. Identifying information, including VA claim number, Social Security number,
name and address and, when appropriate, loan reference number obtained from the following Privacy
Act systems of records: "Compensation, Pension, Education and Rehabilitation Records--VA"
(58VA21/22); "Loan Guaranty Home, Condominium and Manufactured Home Loan Applicant Records,
Specially Adapted Housing Applicant Records, and Vendee Loan Applicant Records--VA" (55VA26);
"Patient Medical Records--VA" (24VA136); and, "Veteran's Spouse or Dependent Civilian Health
and Medical Care Records--VA" (54VA136). Initial indebtedness amount, dates of treatment,
amounts claimed for reimbursement type of benefit from which the debt arose, identifying number of
the VA regional office with jurisdiction over the underlying benefit claim or property subject to
default or foreclosure, station number of the VA health care facility rendering services, name of
co-obligor and property address of the defaulted home loan from 58VA21/22, 55VA26, 24VA136 and
54VA136. History of debt collection activity on the individual, including correspondence, telephone
calls, referrals to other Government agencies, VA district counsel, private collection and credit
reporting agencies. Payments received, refunds made, interest amount, current balance of debt and
indication of status or current VA benefit payments. Federal employment status obtained by computer
matching with Government agencies and the United States Postal Service. No personal medical
information concerning the nature of disease, injury or disability is transmitted to or maintained
in this system of records.
</p></xhtmlContent></subsection>
<subsection type="authorityForMaintenance"><xhtmlContent><p>Title 38, United States Code, sections 501(a), 5314 and 5315. Federal Claims Collection Act
of 1996 (Pub. L. 89-508), 31 U.S.C. Chapter 37, Subchapter I (General) and Subchapter II
(Claims of the United States Government), 31 U.S.C. 3711, Collection and Compromise, 31 U.S.C. 3716,
Administrative Offset; Debt Collection Act of 1982 (Pub. L. 97-365), 5 U.S.C. 5514,
Installment Deduction for Indebtedness.
</p></xhtmlContent></subsection>
<subsection type="routineUsesOfRecords"><xhtmlContent><p>For purposes of the following routine uses:
</p><p>(a) The term "veteran", includes present, former or retired members of the United States Armed
Forces, the reserve forces or national guard;
</p><p>(b) The term, "debtor", means any person falling within the categories of individuals covered by
this system, as set forth above. A "debtor" may be a veteran, as defined above, a veteran's
dependent entitled to VA benefits (including health care) in his or her own right or a person who is
neither a veteran nor a veteran's dependent for benefit purposes; and,
</p><p>(c) The terms "benefit", "benefit program" and "VA program" include any gratuitous benefit, home
loan (including miscellaneous home loan) or health care (including CHAMPVA) program administered by
the Secretary.
</p><p>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 record
on behalf of and at the written request of that individual.
</p><p>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.
</p><p>3. Any information in this system may be disclosed, by computer matching or otherwise, in
connection with any proceeding for the collection of an amount owed the United States by virtue of a
person's participation in any benefit program administered by VA when in the judgment of the
Secretary, or official generally delegated such authority under standard agency delegation of
authority rules (38 CFR 2.6), such disclosure is deemed necessary and proper in accordance with 38
U.S.C. 5701(b)(6).
</p><p>4. The name and address of a veteran or the dependent of a veteran and other information as is
reasonably necessary to identify such veteran or dependent may be disclosed to a consumer reporting
agency for the purpose of locating the veteran or dependent indebted to the United States under a VA
benefit program or to obtain a consumer report in order to assess the ability of a veteran or
dependent to repay an indebtedness, provided the disclosure is consistent with 38 U.S.C. 5701(g)(2).
</p><p>5. The name and address of a veteran or dependent, other information as is reasonably necessary
to identify such persons, including personal information obtained from other Federal agencies
through computer matching programs, and any information concerning the person's indebtedness to the
United States by virtue of the person's participation in a VA benefit program may be disclosed to a
consumer reporting agency for purposes of making such information available for inclusion in
consumer reports regarding that person and for purposes of locating that person, provided that the
provisions of 38 U.S.C. 5701(g)(4) have been met.
</p><p>6. Any information in this system, including available identifying information regarding a
person, such as the person's name, address, Social Security number, VA insurance number, VA claim
number, VA loan number, date of birth and employment information, may be disclosed, except to
consumer reporting agencies, to a third party in order to obtain current name, address and credit
report in connection with any proceeding for the collection of an amount owed the United States by
virtue of the person's participation in a VA benefit program. Such disclosure may be made in the
course of computer matching having the purpose of obtaining the information indicated above. Third
parties may include other Federal agencies, State probate courts, State drivers' license bureaus,
State automobile title and license bureaus and private commercial concerns in the business of
providing the information sought.
</p><p>7. Identifying information, including the debtor's name, Social Security number and VA claim
number, along with the amount of indebtedness, may be disclosed to any Federal agency, including the
U.S. Postal Service, in the course of conducting computer matching to identify and locate delinquent
debtors employed by or receiving retirement benefits from those agencies. Such debtors may be
subject to offset of their pay or retirement benefits under the provisions of 5 U.S.C. 5514.
</p><p>8. Any information in this system, including the nature and amount of a financial obligation as
well as the history of debt collection activity against a debtor, may be disclosed to the Federal
agency administering salary or retirement benefits to the debtor to assist that agency in initiating
offset of salary or retirement benefits to collect delinquent debts owed the United States under VA
benefit programs.
</p><p>9. The name(s) and address(es) of a veteran or beneficiary may be disclosed to another Federal
agency or to a contractor of that agency, at the written request of the head of that agency or
designee of the head of that agency for the purpose of conducting Government research of oversight
necessary to accomplish a statutory purpose of that agency.
</p><p>10. Any information in the system, including the amount of debt, may be disclosed at the request
of a debtor to accredited service organizations, VA-approved claims agents and attorneys acting
under a declaration of representation so that these individuals can aid persons indebted to VA in
the preparation, presentation and prosecution of debt-related matters under the laws administered by
VA. The name and address of a debtor will not, however, be disclosed to these individuals under this
routine use if the debtor has not requested the assistance of an accredited service organization,
claims agent or an attorney.
</p><p>11. Any information in this system such as the amount of indebtedness and collection history may
be disclosed in the course of presenting evidence to a court, magistrate or administrative authority
in matters of guardianship, inquests and commitments, to private attorneys representing debtors
rated incompetent in conjunction with issuance of Certificates of Incompetence and to probation and
parole officers in connection with court-required duties.
</p><p>12. Any information in this system, including the amount of indebtedness and history of
collection activity, may be disclosed to a VA or court-appointed fiduciary or a guardian ad litem in
relation to his or her representation of a debtor only to the extent necessary to fulfill the duties
of the fiduciary or guardian ad litem.
</p><p>13. Any relevant information in this system may be disclosed to the Department of Justice and
United States Attorneys in the defense or prosecution of litigation involving or pertaining to the
United States. Any relevant information in this system may also be disclosed to other Federal
agencies upon their request in connection with review of administrative tort claims and potential
tort claims filed under the Federal Tort Claims Act, 28 U.S.C. 2672, the Military Claims Act, 10
U.S.C. 2733 and other similar claims statutes.
</p><p>14. Any information concerning a person's indebtedness to the United States by virtue of that
person's participation in a benefit program administered by VA, including personal information
obtained from other Federal agencies through computer matching programs, may be disclosed to any
third party, except consumer reporting agencies, in connection with any proceeding for the
collection of any amount owed to the United States. Purposes of these disclosures may be to (a)
assist VA in collection of title 38 and 10 U.S.C. ch. 1606 program debts and/or costs of services,
and (b) initiate legal actions for prosecuting individuals who willfully or fraudulently obtain
title 38 or 10 U.S.C. ch. 1606 benefits without entitlement.
</p><p>15. The debtor's name, address, Social Security number and the amount (excluding interest) of any
indebtedness waived, compromised or written off may be disclosed to the Treasury Department,
Internal Revenue Service, as a report of income under 26 U.S.C. 61(a)(12).
</p><p>16. The name of a debtor, any other information reasonably necessary to identify such individual
and any other information concerning the individual's indebtedness under a VA program, may be
disclosed to the Treasury Department, Internal Revenue Service, for the collection of that
indebtedness by offset of Federal income tax refunds pursuant to 31 U.S.C. 3720A.
</p><p>17. Debtors' social security numbers, VA claim numbers, loan account numbers and other
information as is reasonably necessary to identify individual VA indebtedness accounts may be
disclosed to the Department of Housing and Urban Development for inclusion in the Credit Alert
Interactive Voice Response System (CAIVRS). Information in CAIVRS may be disclosed to all
participating agencies and lenders who participate in the agencies' programs to enable them to
verify information provided by new loan applicants and evaluate the creditworthiness of applicants.
Records are disclosed to participating agencies and private-sector lenders by an ongoing computer
matching program.
</p><p>18. Name, Social Security numbers and any other information reasonably necessary to ensure
accurate identification may be disclosed to the Department of the Treasury, Internal Revenue
Service, to obtain the mailing address of taxpayers who are debtors under this system of records.
Disclosure is made by computer matching and pursuant to 26 U.S.C. 6103(m)(2).
</p><p>19. Any information in a record under this system of records may be disclosed to the United
States General Accounting Office (GAO) to enabling GAO to pursue collection activities authorized to
that office or any other activities within their statutory authority.
</p><p>Disclosure to consumer reporting agencies:
</p><p>Disclosures pursuant to 5 U.S.C. 552a(b)(12) may be made from this record 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). The disclosure is limited to information
necessary to establish the identity of the individual, including name, address, and taxpayer
identification number (Social Security number), the amount, status and history of the claim; and the
agency or program under which the claim arose for the sole purpose of allowing the consumer
reporting agency to prepare a commercial credit report. 38 U.S.C. 5701(g) governs the release of
names and addresses of any person who is a present or former member of the Armed Forces, or who is a
dependent of such a person, to consumer reporting agencies under certain circumstances. Routine
uses, above, provide for disclosure under those circumstances.
</p></xhtmlContent></subsection>
<subsection type="policiesAndPractices"><xhtmlContent><p>Storage:</p>
<p>Records are maintained on magnetic tape and disk, microfilm, microfiche, optical disk and
paper documents. DMC does not routinely maintain paper records of individual debtors in file folders
with the exception of correspondence, and replies thereto, from Congress, the White House, members
of the Cabinet and other similar sources. Paper records related to accounts receivable may be
maintained in individual file folders located at VA regional offices, health care facilities and
CHAMPVA Center. Generally and with the exception of claims against third-party insurers and certain
first-party medical debts, such papers maintained outside of DMC are not used directly in the debt
collection process unless they are first forwarded to DMC. Information stored on magnetic media for
most benefit debts, including first-party medical, may be accessed through a data telecommunications
terminal system designated as CAROLS (Centralized Accounts Receivable On-Line System). Most CAROLS
terminals are located in DMC; however, VA regional offices generally each have one terminal for
inquiry purposes. Information stored on magnetic media and related to the All-Volunteer Force
Educational Assistance, education loan, miscellaneous home loan or CHAMPVA debt collection programs
may be accessed through personal computers. Records provided to the Department of Housing and Urban
Development for inclusion in the Credit Alert Interactive Voice Response System (CAIVRS) are
maintained on magnetic media at the HUD Data Processing Center in Lanham, Maryland. For benefit
debts other than miscellaneous home loan, first-party medical and CHAMPVA, identifying information,
the amount of the debt and benefit source of the debt may be stored on magnetic media in records
that serve as the data base for the VA Benefits Delivery Network (BDN). The BDN is operated for the
adjudication of claims and the entry of certain fiscal transactions. The identifying information,
the amount of the debt and benefit source of the debt are transmitted to the Centralized Accounts
Receivable System (CARS) or a personal computer local area network system before collection activity
commences. When a debtor is awarded gratuitous benefits under VA programs, the BDN may operate to
offset all or part of retroactive funds awarded, if any, to reduce the balance of the indebtedness.
The Decentralized Hospital Computer Program (DHCP), through its various modules, is used to create
and store first-party medical charges and debts associated with the provision of health care
benefits. The identifying information about the person, the amount of the debt and program source of
the debt may be transmitted to CARS as part of the collection process. When a person receives care
under the auspices of VA, a VA medical facility may collect all or part of a charge or debt.
</p></xhtmlContent></subsection>
<subsection type="retrievability"><xhtmlContent><p>Paper documents, microfilm and microfiche are indexed by VA file number or date of receipt.
Automated records are indexed by VA claim number, Social Security account number, name and loan
account number in appropriate circumstances. Records in CAIVRS may only be retrieved by Social
Security number.
</p></xhtmlContent></subsection>
<subsection type="safeguards"><xhtmlContent><p>1. Physical Security: (a) Access to working spaces and document storage areas in DMC is
restricted by cipher locks and to VA employees on a need-to-know basis. Generally, document storage
areas in VA offices other than DMC are restricted to VA employees on a need-to-know basis. VA
offices are generally protected from outside access by the Federal Protective Service or other
security personnel. Strict control measures are enforced to ensure that access to and disclosure
from documents, microfilm and microfiche are limited to a need-to-know basis. (b) Access to CAROLS
data telecommunications terminals is by authorization controlled by the site security officer. The
security officer is assigned responsibility for privacy-security measures, especially for review of
violation logs, information logs and control of password distribution. (c) Access to data processing
centers is generally restricted to center employees, custodial personnel, Federal Protective Service
and other security personnel. Access to computer rooms is restricted to authorized operational
personnel through electronic locking devices. All other personnel gaining access to computer rooms
are escorted.
</p><p>2. CAROLS and Personal Computer Local Area Network (LAN) Security: (a) Usage of CAROLS and LAN
terminal equipment is protected by password access. Electronic keyboard locks are activated on
security errors.
</p><p>(b) At the data processing centers, identification of magnetic media containing data is rigidly
enforced using labeling techniques. Automated storage media which are not in use are stored in tape
libraries which are secured in locked rooms. Access to programs is controlled at three levels:
programming, auditing and operations.
</p><p>3. CAIVRS Security: Access to the HUD data processing center from which CAIVRS is operated is
generally restricted to center employees and authorized contact employees. Access to computer rooms
is restricted to authorized operational personnel through locking devices. All other persons gaining
access to computer rooms are escorted.
</p><p>Records in CAIVRS use Social Security numbers as identifiers. Access to information files is
restricted to authorized employees of participating agencies and authorized employees of lenders who
participate in the agencies' programs. Access is controlled by agency distribution of passwords.
Information in the system may be accessed by use of a touch-tone telephone by authorized agency and
lender employees on a need-to-know basis.
</p></xhtmlContent></subsection>
<subsection type="retentionAndDisposal"><xhtmlContent><p>Microfilm and microfiche are retained in metal cabinets in DMC for 25 years. CARS records
are retained until termination of debt collection (payment in full, write off, compromise or
waiver). All other automated storage media are retained and disposed of in accordance with
disposition authorization approved by the Archivist of the United States. DMC generally forwards all
substantive paper documents to VA regional offices, health care facilities and CHAMPVA Center for
storage in claims files, patient treatment files, imaging systems or loan files. Those documents are
retained and disposed of in accordance with the appropriate system of records. Information provided
to HUD for CAIVRS is stored on magnetic tape. The tapes are returned to VA for updating each month.
HUD does not keep separate copies of the tapes.
</p></xhtmlContent></subsection>
<subsection type="systemManager"><xhtmlContent><p>Director, Debt Management Center (389/00), U.S. Department of Veterans Affairs, Bishop Henry
Whipple Federal Building, 1 Federal Drive, Ft. Snelling, MN 55111.
</p></xhtmlContent></subsection>
<subsection type="notificationProcedure"><xhtmlContent><p>An 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
record, should submit a written request to the system manager indicated above.
</p></xhtmlContent></subsection>
<subsection type="recordAccessProcedures"><xhtmlContent><p>Individuals seeking information regarding access to and contesting of VA records may write,
call or visit the nearest VA regional office. Address locations are listed in VA Appendix 1.
</p></xhtmlContent></subsection>
<subsection type="contestingRecordProcedures"><xhtmlContent><p>See record access procedures, above.
</p></xhtmlContent></subsection>
<subsection type="recordSourceCategories"><xhtmlContent><p>The records in this system are derived from four other systems of records as set forth in
"Categories of records in the system", above, persons indebted to the United States by virtue of
their participation in programs administered by Va, dependents of those persons, fiduciaries for
those persons (VA or court appointed), other Federal agencies, State and local agencies, private
collection agencies, consumer reporting agencies, State, local and county courts and clerks, other
third parties and other VA records.
</p></xhtmlContent></subsection></section>
<section id="88VA244" toc="yes">
<systemNumber>88VA244</systemNumber>
<subsection type="systemName">Accounts Receivable Records-VA
</subsection>
<subsection type="systemLocation"><xhtmlContent><p>Automated indebtedness records for first-party medical billing, pay administration,
compensation, pension, educational assistance, survivors' and dependents' educational assistance and
most home loan debts are maintained at the VA's Financial Services Center and Automation/Systems
Development Center (AA/SDC) in Austin, Texas. Automated records of debts referred to the Department
of Veterans Affairs for Government-wide cross-servicing authorized under 31 U.S.C. 3711(g)(4) are
maintained at VA's AA/SDC in Austin, Texas. Extracts of benefit and home loan debt automated records
are maintained in the Benefits Delivery Network for accounting and adjudication purposes. The
Benefits Delivery Network Is administered by the Benefit Delivery Center (BDC). Hines, Illinois.
first-party medical billing information is extracted from records maintained at VA medical
facilities and in automated media as more fully described in the Privacy Act system of records,
24VA136, "Patient Medical Records-VA" as published at 40 FR 38095 (Aug. 26, 1975), and amended as
follows: 40 FR 52125 (Nov. 7, 1975); 41 FR 2881 (Jan. 20, 1976); 41 FR 11631 (Mar. 19, 1976); 42 FR
30557 (Jun. 15, 1977); 44 FR 31058 (May 30, 1979); 45 FR 77220 (Nov. 21, 1980); 46 FR 2766 (Jan. 12,
1981); 47 FR 28522 (Jun. 30, 1982); 47 FR 51841 (Nov. 17, 1982); 50 FR 11610 (Mar. 22, 1985); 51 FR
25968 (Jul. 17, 1986); 51 FR 44406 (Dec. 9, 1986); 52 FR 381 (Jan. 5, 1987); 53 FR 49818 (Dec. 9,
1988); 55 FR 5112 (Feb. 13, 1990); 55 FR 37604 (Sept. 12, 1990); 55 FR 42534 (Oct. 19, 1990); 56 FR
1054 (Jan. 10, 1991); 57 FR 28003 (Jun. 23, 1992); 57 FR 4519 (Oct. 1, 1992); 58 FR 29853 (May 24,
1993); 58 FR 40852 (Jul. 30, 1993); and, 58 FR 57674 (Oct. 26, 1993). Automated and paper
indebtedness records for the Civilian Health and Medical Program of the Department of Veterans
Affairs (CHAMPVA) are maintained at the Health Administration Center (HAC) in Denver, Colorado and
are more fully described in the Privacy Act system of records, 54VA136, "Veteran's Spouse or
Dependent Civilian Health and Medical Care Records-VA", as published at 40 FR 38095 (Aug. 26, 1975)
and amended at 53 FR 23845 (Jun. 24, 1998), 53 FR 25238 (Jul. 5, 1988) and 56 FR 26186 (Jun. 6,
1992). Pay administration indebtedness records are extracted from other automated and paper records
maintained at all VA facilities and the Austin Finance Center and are more fully described in the
Privacy Act system of records, 27VA047, "Personnel and Accounting Pay System--VA", as published
at 40 FR 38095 (Aug. 26, 1975), and amended as follows: 48 FR 16372 (April 15, 1983); 50 FR 23100
(May 30, 1985); 51 FR 6858 (Feb. 26, 1986); 51 FR 25968 (Jul. 17, 1986); 55 FR 42534 (Oct. 19,
1990); 56 FR 23952 (May 24, 1991); 58 FR 39088 (Jul. 21, 1993); 58 40852 (Jul. 30, 1993); and, 60 FR
35448 (Jul. 7, 1995); 62 FR 41483 (Aug. 1, 1997); and, 62 FR 68362 (Dec. 31, 1997). Certain paper
records, microfilm and microfiche are maintained at the VA Debt Management Center (DMC), Ft.
Snelling, Minnesota. Education loan, miscellaneous home loan and spina bifida monthly allowance
automated, paper, microfilm and microfiche records are maintained at DMC. Automated and paper
indebtedness records related to the All-Volunteer Force Educational Assistance Program are also
maintained at DMC. Paper records related to benefit and home loan accounts receivable may be
maintained in individual file folders located at the VA regional office having jurisdiction over the
domicile of the claimant or the geographic area in which a property securing a VA guaranteed,
insured or direct loan is located. Similarly, paper and automated records related to first-party
medical billing and CHAMPVA are also maintained in individual patient medical records at VA health
care facilities and HAC. Generally and with the exception of claims against third-party insurers and
certain first-party medical debts, automated records and papers maintained at regional offices,
health care facilities and HAC are not used directly in the debt collection process unless they are
forwarded by conventional mail, electronic mail or facsimile to DMC. Records provided to the
Department of Housing and Urban Development (HUD) for inclusion in the Credit Alert Interactive
Voice Response System (CAIVRS) are located at the HUD Data Processing Center in Lanham, Maryland.
Records referred to the Department of the Treasury for inclusion in the Treasury Offset Program
(TOP) are located at the Financial Management Service Debt Collection Operations System in
Hyattsville, Maryland.
</p></xhtmlContent></subsection>
<subsection type="categoriesOfIndividuals"><xhtmlContent><p>Persons indebted to the United States Government as a result of their participation in
benefit programs (including health care programs) administered by VA under title 38, United States
Code, chapters 11, 13, 15, 17, 18, 21, 30, 31, 34, 35, 36 and 37, including persons indebted to the
United States Government by virtue of their ownership, contractual obligation or rental of property
owned by the Government or encumbered by a VA-guaranteed, insured, direct or vendee loan. Persons
indebted to the United States Government as a result of their participation in a benefit program
administered by VA under 10 U.S.C. ch. 1606. Persons who received benefits or services under 38
U.S.C. or 10 U.S.C. ch. 1606, but who did not meet the requirements for receipt of such benefits or
services. Persons indebted to the United States, a State or local government whose debts are
referred to the Department of Veterans Affairs for Government-wide cross-servicing under 31 U.S.C.
3711(g)(4) or any valid interagency agreement. Persons indebted to the United States as the result
of erroneous payment of pay or allowances or as the result of erroneous payment of travel,
transportation or relocation expenses and allowances (previously and hereinafter referred to as "pay
administration") under the provisions of title 5, United States Code, part III, subpart D.
</p></xhtmlContent></subsection>
<subsection type="categoriesOfRecords"><xhtmlContent><p>Information varies depending on the source of the debt. Identifying information including VA
claim number, Social Security number, Tax Identification Number (TIN), name and address and, when
appropriate, loan reference number, obtained from, among other sources, indebtedness records of
Federal agencies other than VA and the following Privacy Act systems of records: "Debt Collection
Operations System--Treasury/Financial Management Service" (Treasury/FMS .014); "Compensation,
Pension, Education and Rehabilitation Records-VA" (58VA21/22); "Loan Guaranty Home, Condominium and
Manufactured Home Loan Applicant Records, Specially Adapted Housing Applicant Records, and Vendee
Loan Applicant Records-VA" (55VA26); "Patent Medical Records-VA" (24VA136); and, "Veteran's Spouse
or Dependent Civilian Heath and Medical Care Records-VA" (54V136). Initial indebtedness amount,
dates of treatment, amounts claimed for reimbursement type of benefit from which the debt arose,
identifying number of the VA regional office with jurisdiction over the underlying benefit claim or
property subject to default or foreclosure, station number of the VA health care facility rendering
services, name of co-obligor and property address of the defaulted home loan from 58VA21/22, 55VA26,
24VA136 and 54VA136. History of debt collection activity on the person, organization or entity
including correspondence, telephone calls, referrals to other Federal, State or local agencies, VA
regional counsel, private collection and credit reporting agencies. Payments received, refunds made,
interest amount, current balance of debt and indication of status of current VA benefit payments.
Federal employment status obtained by computer matching with Government agencies and the United
States Postal Service. No personal medical information concerning the nature of disease, injury or
disability is transmitted to or maintained in this system of records.
</p></xhtmlContent></subsection>
<subsection type="authorityForMaintenance"><xhtmlContent><p>Government records are maintained and managed under the authority set forth in 31 U.S.C.
3101 and 31 U.S.C. 3102. The purpose of the system is consistent with the financial management
provisions of title 31, United States Code, chapter 37, the pay administration provisions of title
5, United States Code, chapter 55, and special provisions relating to VA benefits in title 38,
United States Code, chapter 53.
</p></xhtmlContent></subsection>
<subsection type="purpose"><xhtmlContent><p>The purpose of this system is to maintain records of individuals, organizations and other
entities: (1) Indebted to the United States as a result of their participation in benefit and health
care programs administered by VA; (2) indebted as a result of erroneous pay administration; (3)
indebted under any other program administered by any agency of the United States Government and
whose indebtedness record has been referred to VA for Government-wide cross-servicing under 31
U.S.C. 3711(g)(4); and (4) indebted under any Federal, State or local government program and whose
debt was referred to VA for collection under any valid interagency agreement. Information in this
system of records is used for the administrative management and collection of debts owed the United
States and any State or local government and for which records are maintained in accordance with the
preceding sentence.
</p></xhtmlContent></subsection>
<subsection type="routineUsesOfRecords"><xhtmlContent><p>For purposes of the following routine uses:
</p><p>(a) The term, "veteran", includes present, former or retired members of the United States Armed
Forces, the reserve forces or national guard;
</p><p>(b) The term, "debtor", means any person falling within the categories of individuals covered by
this system, as set forth above. A "debtor" may be a veteran, as defined above, a veteran's
dependent entitled to VA benefits (including health care) in his or her own right or a person who is
neither a veteran nor a veteran's dependent for benefit purposes; and,
</p><p>(c) The terms, "benefit", "benefit program" and "VA program" include any gratuitous benefit, home
loan (including miscellaneous home loan) or health care (including CHAMPVA) program administered by
the Secretary of Veterans Affairs.
</p><p>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 record
on behalf of and at the written request of that individual.
</p><p>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 between the Department of Veterans Affairs and 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.
</p><p>3. Any information in this system may be disclosed, by computer matching or otherwise, in
connection with any proceeding for the collection of an amount owed the United States when, in the
judgment of the Secretary, or official generally delegated such authority under standard agency
delegation of authority rules (38 CFR 2.6), such disclosure is deemed necessary and proper in
accordance with 38 U.S.C. 5701(b)(6) for debts resulting from participation in VA benefit programs
or pay administration, with 31 U.S.C. 3711(g)(5) for other debts referred to VA in its capacity as a
Government-wide cross-servicing facility or with a valid interagency agreement for collection
services independent of the cross-servicing provisions of section 3711(g)(4) and (g)(5).
</p><p>4. The name and address of a person indebted to the United States and other information as is
reasonably necessary to identify such person may be disclosed to a consumer reporting agency for the
purpose of locating that person or to obtain a consumer report in order to assess the ability of
that person to repay an indebtedness, provided the disclosure is consistent with 38 U.S.C. 5701(g)
(2) for purposes of debts owed veterans and their dependents as a result of participation in VA
benefit programs and 31 U.S.C. 3711(h)(1) for purposes of all other debts to the United States.
</p><p>5. The name and address of a person indebted to the United States, other information as is
reasonably necessary to identify such person, including personal information obtained from other
Federal agencies through computer matching programs, and any information concerning the person's
indebtedness to the United States may be disclosed to a consumer reporting agency for purposes of
making such information available for inclusion in consumer reports regarding that person, provided
that the provisions of 38 U.S.C. 5701(g)(4) have been met for purposes of indebtedness incurred as
the result of participation in VA benefit programs and 31 U.S.C. 3711(f)(1) for purposes of all
other types of indebtedness.
</p><p>6. Any information in this system, including available identifying information regarding a
person, such as the person's name, address, Social Security number, VA insurance number, VA claim
number, VA loan number, date of birth, employment information or identification number assigned by
any Government component, may be disclosed, except to consumer reporting agencies, to a third party
in order to obtain current name, address and credit report in connection with any proceeding for the
collection of an amount owed the United States. Such disclosure may be made in the course of
computer matching having the purpose of obtaining the information indicated above. Third parties may
include other Federal agencies, State probate courts, State drivers' license bureaus, State
automobile title and license bureaus and private commercial concerns in the business of providing
the information sought.
</p><p>7. Identifying information, including the debtor's name, Social Security number and VA claim
number, along with the amount of indebtedness, may be disclosed to any Federal agency, including the
U.S. Postal Service, in the course of conducting computer matching to identify and locate delinquent
debtors employed by or receiving retirement benefits from those agencies. Such debtors may be
subject to offset of their pay or retirement benefits under the provisions of 5 U.S.C. 5514.
</p><p>8. Any information in this system, including the nature and amount of a financial obligation as
well as the history of debt collection activity against a debtor, may be disclosed to the Federal
agency administering salary or retirement benefits to the debtor to assist that agency in initiating
offset of salary or retirement benefits to collect delinquent debts owed the United States.
</p><p>9. The name(s) and address(es) of a debtor(s) may be disclosed to another Federal agency or to a
contractor of that agency, at the written request of the head of that agency or designee of the head
of that agency for the purpose of conducting Government research or oversight necessary to
accomplish a statutory purpose of that agency.
</p><p>10. Information in this system specifically related to debts resulting from participation in VA
programs or pay administration, including the amount of debt, may be disclosed at the request of the
subject debtor to accredited service organizations, VA-approved claims agents and attorneys acting
under a declaration of representation so that these individuals can aid persons indebted to VA in
the preparation, presentation and prosecution of debt-related matters under the laws administered by
VA. The name and address of a debtor will not, however, be disclosed to these individuals under this
routine use if the debtor has not requested the assistance of an accredited service organization,
claims agent or an attorney.
</p><p>11. Information in this system specifically related to debts incurred as a result of
participation in VA benefit programs such as the amount of indebtedness and collection history may
be disclosed in the course of presenting evidence to a court, magistrate or administrative authority
in matters of guardianship, inquests and commitments, to private attorneys representing debtors
rated incompetent in conjunction with issuance of Certificates of Incompetence and to probation and
parole officers in connection with court-required duties.
</p><p>12. Information in this system related to debts incurred as a result of participation in VA
benefit programs, including the amount of indebtedness and history of collection activity, may be
disclosed to a VA or court-appointed fiduciary or a guardian ad litem in relation to his or her
representation of the subject debtor only to the extent necessary to fulfill the duties of the
fiduciary or guardian ad litem.
</p><p>13. Any relevant information in this system may be disclosed to the Department of Justice and
United States Attorneys in the defense or prosecution of litigation involving or pertaining to the
United States. Any relevant information in this system may also be disclosed to other Federal
agencies upon their request in connection with review of administrative tort claims and potential
tort claims filed under the Federal Tort Claims Act, 28 U.S.C. 2672, the Military Claims Act, 10
U.S.C. 2733 and other similar claims statutes.
</p><p>14. Any information concerning a person's indebtedness to the United States, including personal
information obtained from other Federal agencies through computer matching programs, may be
disclosed to any third party, except consumer reporting agencies, in connection with any proceeding
for the collection of any amount owed to the United States. Purposes of these disclosures include,
but are not limited to (a) assisting the Government in collection of debts resulting from
participation in Government programs of all categories and pay administration, and (b) initiating
legal actions for prosecuting individuals who willfully or fraudulently obtain Government benefits,
pay or allowances without entitlement. Third parties may include, but are not limited to, persons,
organizations or other entities with contracts for collection services with the Government.
</p><p>15. The debtor's name, address, Social Security number and the amount (excluding interest) of any
indebtedness waived, compromised or written off may be disclosed to the Treasury Department,
Internal Revenue Service, as a report of income under 26 U.S.C. 61(a)(12).
</p><p>16. The name of a debtor, any other information reasonably necessary to identify such individual
and any other information concerning the individual's indebtedness under a VA benefit or pay
administration program or an individual's indebtedness referred to VA for Government-wide cross
servicing under 31 U.S.C. 3711(g)(4), may be disclosed to the Treasury Department, Internal Revenue
Service, for the collection of that indebtedness by offset of Federal income tax refunds pursuant to
31 U.S.C. 3720A.
</p><p>17. Debtors' social security numbers, VA claim numbers, loan account numbers and other
information as is reasonably necessary to identify individual indebtedness accounts may be disclosed
to the Department of Housing and Urban Development for inclusion in the Credit Alert Interactive
Voice Response System (CAIVRS). Information in CAIVRS may be disclosed to all participating agencies
and lenders who participate in the agencies' programs to enable them to verify information provided
by new loan applicants and evaluate the creditworthiness of applicants. Records are disclosed to
participating agencies and private-sector lenders by an ongoing computer matching program.
</p><p>18. Name, Social Security numbers and any other information reasonably necessary to ensure
accurate identification may be disclosed to the Department of the Treasury, Internal Revenue
Service, to obtain the mailing address of taxpayers who are debtors under this system of records.
Disclosure is made by computer matching and pursuant to 26 U.S.C. 6103(m)(2).
</p><p>19. Any information in a record under this system of records may be disclosed to the United
States General Accounting Office (GAO) to enable GAO to pursue collection activities authorized to
that office or any other activities within their statutory authority.
</p><p>20. Any information in this system concerning a debt over 180 days delinquent may be disclosed,
by computer matching or otherwise, to the Secretary of the Treasury or to any designated Government
disbursing official for purposes of conducting administrative offset of any eligible Federal
payments under the authority set forth in 31 U.S.C. 3716. Payments subject to offset include those
payments disbursed by the Department of the Treasury, the Department of Defense, the United States
Postal Service, any Government corporation or any disbursing official of the United States
designated by the Secretary of the Treasury. Subject to certain exemptions, Social Security, Black
Lung, Railroad Retirement benefits and tax refunds may be included in those Federal payments
eligible for administrative offset.
</p><p>21. Any information in this system of records concerning a debt over 180 days delinquent may be
disclosed, by computer matching or otherwise, to the Secretary of the Treasury for appropriate
collection or termination action, including the transfer of the indebtedness for collection or
termination, in accordance with 31 U.S.C. 3711(g)(4), to a debt collection center designated by the
Secretary of the Treasury, to a private collection agency or to the Department of Justice. The
Secretary of the Treasury, through the Department of the Treasury, a designated debt collection
center, a private collection agency or the Department of Justice, may take any appropriate action on
a debt in accordance with the existing laws under which the debt arose.
</p><p>22. The name and address of a debtor, other information as is reasonably necessary to identify
such person, including personal information obtained from other Federal, state or local agencies as
well as private sources through computer matching, and other information concerning the person's
indebtedness to the United States, may be disclosed to third parties, including Federal, State and
local government agencies to determine the debtor's employer. Such information may be used to
initiate garnishment of disposable pay in accordance with the provisions of 31 U.S.C. 3720D.
</p><p>23. The name and address of a debtor, and such other information as may be necessary for
identification of that debtor, may be disclosed to a debtor's employer for purposes of initialing
garnishment of the disposable pay of that debtor under the provisions of 31 U.S.C. 3720D.
</p><p>24. The names and addresses of delinquent debtors, along with the amounts of their debts, may be
published or otherwise publicly disseminated subject to the provisions of 31 U.S.C. 3720E.
</p><p>25. Any information in this system may be disclosed to a third-party purchaser of debt more than
90 days delinquent and for which the sale of such debt was conducted pursuant to the provisions of
31 U.S.C. 3711(i).
</p><p>Disclosure to consumer reporting agencies:
</p><p>Disclosures pursuant to 5 U.S.C. 552a(b)(12) may be made from this record 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). The disclosure is limited to information
necessary to establish the identity of the individual, including name, address, and taxpayer
identification number (Social Security number), the amount, status and history of the claim; and the
agency or program under which the claim arose for the sole purpose of allowing the consumer
reporting agency to prepare a commercial credit report. 38 U.S.C. 5701(g) governs the release of
names and addresses of any person who is a present or former member of the Armed Forces, or who is a
dependent of such a person, to consumer reporting agencies under certain circumstances. Routine
uses, above, provide for disclosure under those circumstances.
</p></xhtmlContent></subsection>
<subsection type="policiesAndPractices"><xhtmlContent><p>Storage:</p>
<p>Records are maintained on magnetic tape and disk, microfilm, microfiche, optical disk and
paper documents. DMC does not routinely maintain paper records of individual debtors in file folders
with the exception of correspondence, and replies thereto, from Congress, the White House, members
of the Cabinet and other similar sources. Paper records related to accounts receivable may be
maintained in individual file folders located at VA regional offices, health care facilities, HAC
and other agencies referring debts to VA in its capacity as a Government-wide cross-servicing debt
collection center. Generally and with the exception of claims against third-party insurers and
certain first-party medical debts, such papers maintained outside of DMC are not used directly in
the debt collection process unless they are first forwarded to DMC. Information stored on magnetic
media for most VA benefit debts, including first-party medical, may be accessed through a data
telecommunications terminal system designated as CAROLS (Centralized Accounts Receivable On-Line
System). Most CAROLS terminals are located in DMC; however, VA regional offices generally each have
one terminal for inquiry purposes. Records of debts referred to VA in its capacity as a Government-
wide cross servicing debt collection center will be accessible only to employees of DMC. Information
stored on magnetic media and related to the All-Volunteer Force Educational Assistance, education
loan, miscellaneous home loan or HAC debt collection programs may be accessed through personal
computers. Records provided to the Department of Housing and Urban Development for inclusion in the
Credit Alert Interactive Voice Response System (CAIVRS) are maintained on magnetic media at the HUD
Data Processing Center in Lanham, Maryland. Records provided to the Department of the Treasury for
administrative offset or referral to a designated debt collection center, private collection agency
or the Department of Justice are maintained on magnetic media at the Financial Management Service
Debt Collection Operations System in Hyattsville, Maryland. For VA benefit debts other than
miscellaneous home loan, first-party medical and CHAMPVA, identifying information, the amount of the
debt are benefit source of the debt may be stored on magnetic media in records that serve as the
database for the VA Benefits Delivery Network (BDN). The BDN is operated for the adjudication of VA
claims and the entry of certain fiscal transactions. The identifying information, the amount of the
debt and benefit source of the debt are transmitted to the Centralized Accounts Receivable System
(CARS) or a personal computer local area network system before collection activity commences. When a
debtor is awarded gratuitous benefits under VA programs, the BDN may operate to offset all or part
of retroactive funds awarded, if any, to reduce the balance of the indebtedness. The Veterans Health
Information Systems and Technology Architecture (VISTA), through its various modules, is used to
create and store first-party medical charges and debts associated with the provision of health care
benefits. The identifying information about the person, the amount of the debt and program source of
the debt may be transmitted to CARS as part of the collection process. When a person receives care
under the auspices of VA, a VA medical facility may collect all or part of a charge or debt.
</p></xhtmlContent></subsection>
<subsection type="retrievability"><xhtmlContent><p>Paper documents, microfilm and microfiche related to VA claims and debts are indexed by VA
file number or date of receipt. Automated records of VA claims and debts are indexed by VA claim
number, Social Security account number, name and loan account number in appropriate circumstances.
Paper documents, microfilm, microfiche and automated records of pay administration debts and debts
referred to VA for cross servicing are indexed by Social Security account number or Taxpayer
Identification Number. Records in CAIVRS may only be retrieved by Social Security number.
</p></xhtmlContent></subsection>
<subsection type="safeguards"><xhtmlContent><p>1. Physical Security: (a) Access to working spaces and document storage areas in DMC is
restricted by cipher locks and to VA employees on a need-to-know basis. Generally, document storage
areas in VA offices other than DMC are restricted to VA employees on a need-to-know basis. VA
offices are generally protected from outside access by the Federal Protective Service or other
security personnel. Strict control measures are enforced to ensure that access to and disclosure
from documents, microfilm and microfiche are limited to a need-to-know basis. (b) Access to CAROLS
data telecommunications terminals is by authorization controlled by the site security officer. The
security officer is assigned responsibility for privacy-security measures, especially for review of
violation logs, information logs and control of password distribution. (c) Access to data processing
centers is generally restricted to center employees, custodial personnel, Federal Protective Service
and other security personnel. Access to computer rooms is restricted to authorized operational
personnel through electronic locking devices. All other personnel gaining access to computer rooms
are escorted.
</p><p>2. CAROLS and Personal Computer Local Area Network (LAN) Security: (a) Usage of CAROLS and LAN
terminal equipment is protected by password access. Electronic keyboard locks are activated on
security errors. (b) At the data processing centers, identification of magnetic media containing
data is rigidly enforced using labeling techniques. Automated storage media which are not in use are
stored in tape libraries which are secured in locked rooms. Access to programs is controlled at
three levels: programming, auditing and operations.
</p><p>3. CAIVRS Security: Access to the HUD data processing center from which CAIVRS is operated is
generally restricted to center employees and authorized contact employees. Access to computer rooms
is restricted to authorized operational personnel through locking devices. All other persons gaining
access to computer rooms are escorted.
</p><p>Records in CAIVRS use Social Security numbers as identifiers. Access to information files is
restricted to authorized employees of participating agencies and authorized employees of lenders who
participate in the agencies' programs. Access is controlled by agency distribution of passwords.
Information in the system may be accessed by use of a touch-tone telephone by authorized agency and
lender employees on a need-to-know basis.
</p><p>4. Department of the Treasury Security: Access to the system is on a need-to-know basis, only, as
authorized by the system manager. Procedural and physical safeguards are utilized to include
accountability, receipt records and specialized communications security. The data system has an
internal mechanism to restrict access to authorized officials. The building is patrolled by
uniformed security guards.
</p></xhtmlContent></subsection>
<subsection type="retentionAndDisposal"><xhtmlContent><p>Microfilm and microfiche are retained in metal cabinets in DMC for 25 years. CARS records
are retained until termination of debt collection (payment in full, write off, compromise or
waiver). All other automated storage media are retained and disposed of in accordance with
disposition authorization approved by the Archivist of the United States. DMC generally forwards all
substantive paper documents to VA regional offices, health care facilities and CHAMPVA Center for
storage in claims files, patient treatment files, imaging systems or loan files. Those documents are
retained and disposed of in accordance with the appropriate system of records. Information provided
to HUD for CAIVRS is stored on magnetic tape. The tapes are returned to VA for updating each month.
HUD does not keep separate copies of the tapes. Information provided to the Department of the
Treasury for the Treasury Offset Program is transferred electronically and stored by Treasury on
magnetic media.
</p></xhtmlContent></subsection>
<subsection type="systemManager"><xhtmlContent><p>Director, Debt Management Center (389/00), U.S. Department of Veterans Affairs, Bishop Henry
Whipple Federal Building, 1 Federal Drive, Ft. Snelling, MN 55111.
</p></xhtmlContent></subsection>
<subsection type="notificationProcedure"><xhtmlContent><p>An 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
record, should submit a written request to the system manager indicated above.
</p></xhtmlContent></subsection>
<subsection type="recordAccessProcedures"><xhtmlContent><p>Individuals seeking information regarding access to and contesting of records maintained by
VA may write, call or visit the nearest VA regional office. Address locations are listed in VA
Appendix 1.
</p></xhtmlContent></subsection>
<subsection type="contestingRecordProcedures"><xhtmlContent><p>See record access procedures, above.
</p></xhtmlContent></subsection>
<subsection type="recordSourceCategories"><xhtmlContent><p>The records in this system are derived from five other systems of records as set forth in
"Categories of records in the system", above, persons indebted to the United States by virtue of
their participation in programs administered by VA or other Government agencies, dependents of those
persons, fiduciaries for those persons (VA or court appointed), other Federal agencies, State and
local agencies, private collection agencies, consumer reporting agencies, State, local and county
courts and clerks, other third parties and other VA records.
</p></xhtmlContent></subsection></section>
<section id="89VA10NB" toc="yes">
<systemNumber>89VA10NB</systemNumber>
<subsection type="systemName">"Income Verification Records--VA"
</subsection>
<subsection type="systemLocation"><xhtmlContent><p>Records are maintained at VA's Health Eligibility Center (HEC) in Atlanta, Georgia, and the Austin Information Technology Center (AITC) in Austin, Texas. Records are also stored at contracted locations in McLean, Virginia, and Atlanta, Georgia.
</p></xhtmlContent></subsection>
<subsection type="categoriesOfIndividuals"><xhtmlContent><p>Veterans who have applied for or have received VA health care benefits under Title 38, United States Code, Chapter 17; Veterans' spouses and other dependents as provided for in other provisions of Title 38, United States Code.
</p></xhtmlContent></subsection>
<subsection type="categoriesOfRecords"><xhtmlContent><p>The category of records in the system includes:
</p><p>Federal Tax Information (FTI) and social security information generated as a result of computer matching activity with records from the IRS and SSA. The records may also include, but are not limited to, correspondence between HEC, Veterans, their family members, and Veterans' representatives such as Veterans Service Officers (VSO); copies of death certificates; Notice of Separation; disability award letters; IRS documents (e.g., Form 1040s, Form 1099s, W-2s); workers compensation forms; and various annual earnings statements, as well as pay stubs and miscellaneous receipts.
</p><p>Note:</p><p>VA may not disclose to any person in any manner any document that contains FTI received from IRS or SSA in accordance with the Internal Revenue Code (IRC) 26 U.S.C. 6103(l)(7). In addition, VA may not allow access to FTI by any contractor or subcontractor.
</p></xhtmlContent></subsection>
<subsection type="authorityForMaintenance"><xhtmlContent><p>Title 38, United States Code, Sections 501(a), 1705, 1710, 1722, and 5317.
</p></xhtmlContent></subsection>
<subsection type="purpose"><xhtmlContent><p>Information in this system of records is used to verify the household income of certain Veterans and, if relevant, their spouses or dependents receiving VA health care benefits. The information in this system of records is also used to validate Veterans' and their spouses' social security numbers; provide educational materials related to income verification; respond to Veteran and non-Veteran inquiries related to income verification; and compile management reports.
</p></xhtmlContent></subsection>
<subsection type="routineUsesOfRecords"><xhtmlContent><p>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 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.
</p><p>1. VA may disclose the record of an individual who is covered by this system to a member of Congress or staff person acting for the member in response to an inquiry made at the request of that individual.
</p><p>2. VA may disclose any information in this system of records, except FTI, as deemed necessary and proper to named individuals serving as accredited service organization representatives and other individuals named as approved agents or attorneys for a documented purpose, period of time, or specific income year, to aid beneficiaries in the preparation and presentation of their cases during the verification and/or due process procedures and in the presentation and prosecution of claims under laws administered by VA.
</p><p>3. VA may disclose, on its own initiative, any information in this system, except the names, home addresses, or FTI of Veterans and their dependents, which is relevant to a suspected 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, 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. Additionally, VA may also disclose 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, rule, or order issued pursuant thereto.
</p><p>4. VA may disclose relevant information in this system, except FTI, in the course of presenting evidence to a court, magistrate, or administrative tribunal; in matters of guardianship, inquests, and commitments; to private attorneys representing Veterans rated incompetent in conjunction with issuance of Certificates of Incompetency; and to probation and parole officers in connection with court-required duties.
</p><p>5. VA may disclose information in this system, except FTI, to a VA Federal fiduciary or a guardian ad litem in relation to his or her representation of a Veteran in any legal proceeding, but only to the extent necessary to fulfill the duties of the fiduciary or the guardian ad litem.
</p><p>6. VA may disclose relevant information in this system, except FTI, to attorneys, insurance companies, employers, third parties liable or potentially liable under health plan contracts, and to courts, boards, or commissions, but only to the extent necessary to aid VA in the preparation, presentation, and prosecution of claims authorized under Federal, State, or local laws, and regulations promulgated there under.
</p><p>7. VA may disclose information in 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 disclosure 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.
</p><p>8. VA may disclose any information in this system, except FTI, to National Archives and Records Administration (NARA) and General Services Administration in records management inspections conducted under Title 44 of United States Code.
</p><p>9. VA may disclose information in this system, except FTI, to a third party, except consumer reporting agencies, in connection with any proceeding for the collection of an amount owed to the United States by virtue of a person's participation in any benefit program administered by VA, but only to the extent that it is reasonably necessary to (a) assist VA in the collection of costs of services provided individuals not entitled to such services; and (b) initiate civil or criminal legal actions for collecting amounts owed to the United States and/or for prosecuting individuals who willfully or fraudulently obtained or seek to obtain Title 38 medical benefits. This disclosure is consistent with 38 U.S.C. 5701(b)(6).
</p><p>10. VA may disclose the names and addresses of Veterans or their dependents and other information as is reasonably necessary to identify such individuals concerning that those individuals' indebtedness to the United States by virtue of their participation in a benefits program administered by VA to a consumer reporting agency for purposes of assisting in the collection of such indebtedness, provided that the provisions of  38 U.S.C. 5701(g)(4) have been met.
</p><p>11. VA may disclose information from this system, except FTI, or information security review purposes to other source Federal agencies who are parties to computer matching agreements involving the information maintained in this system, but only to the extent that the information is necessary and relevant to the review.
</p><p>12. VA may disclose the name and other identifying information of Veterans and their spouses to reported payers of earned or unearned income in order to verify the identifier address, income paid, period of employment, and health insurance information provided on the means test, and to confirm income and demographic data provided by other Federal agencies during income verification computer matching.
</p><p>13. VA may disclose identifying information other than FTI, such as Veterans' and their dependents' social security numbers, to other Federal agencies for purposes of conducting computer matches to obtain valid identifying, demographic, and income information and to verify eligibility of certain Veterans who are receiving VA medical benefits under Title 38, United States Code, or for the purpose of conducting a computer match to obtain information to validate social security numbers maintained in VA records.
</p><p>14. VA may disclose the name and social security number of a Veteran, spouse, and dependents, and other identifying information as is reasonably necessary to the SSA and the Department of Health and Human Services, for the purpose of conducting a computer match to obtain information to validate the social security numbers maintained in VA records.
</p><p>15. VA may disclose relevant information from this system to individuals, organizations, private or public agencies, etc., with whom VA has a contract or agreement 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.
</p><p>Note:</p><p>This routine use does not authorize disclosure of FTI received from the IRS or the SSA to contractors or subcontractors.
</p><p>16. 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) VA 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 VA 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 VA efforts to respond to the suspected or confirmed compromise and prevent, minimize, or remedy such harm. This routine use permits disclosures by VA 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.
</p><p>17. VA may disclose information to officials of the Merit Systems Protection Board, or the Office of 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.
</p><p>18. VA may disclose information to the Federal Labor Relations Authority (including its General Counsel) information related to the establishment of jurisdiction, the investigation and resolution of allegations of unfair labor practices, or information in connection with the resolution of exceptions to arbitration awards when a question of material fact is raised; to disclose information in matters properly before the Federal Services Impasses Panel, and to investigate representation petitions and conduct or supervise representation elections.
</p><p>19. 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.
</p></xhtmlContent></subsection>
<subsection type="policiesAndPractices"><xhtmlContent><p>Storage:</p>
<p>Records are currently maintained on magnetic tape, magnetic disk, optical disk, and paper at secure off-site facilities in Atlanta, Georgia, and Austin, Texas. In January 2013, VA implemented a new electronic data transmission process called Direct Connect, which is a secure VPN tunnel to transmit and receive Veterans' household income from IRS. It only affects the means in which the data is transmitted; it does not affect the storage of the data.
</p></xhtmlContent></subsection>
<subsection type="retrievability"><xhtmlContent><p>Records (or information contained in records) maintained on paper documents are indexed and accessed by the applicant's name, social security number or case number and filed in case order number. Automated records are indexed and retrieved by the Veteran's name, social security number, Internal Control Number, or case number. The spouse's name or social security number may be retrieved from the automated income verification record.
</p></xhtmlContent></subsection>
<subsection type="recordAccessProcedures"><xhtmlContent><p>1. In accordance with national and locally established data security procedures, access to the HEC Legacy system and the Enrollment Database is controlled by unique entry codes (access and verification codes). The user's verification code is set to be changed automatically every 90 days. User access to data is controlled by role-based access as determined necessary by supervisory and information security staff as well as by management of option menus available to the employee. Determination of such access is based upon the role or position of the employee and functionality necessary to perform the employee's assigned duties.
</p><p>2. 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. 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.
</p><p>3. Access to the AITC is generally restricted to AITC staff, VA Headquarters employees, custodial personnel, Federal Protective Service, and authorized operational personnel through electronic locking devices.
</p><p>4. Specific key staffs are authorized access to HEC computer room and all other persons gaining access to the computer rooms are escorted. Programmer access to the information systems is restricted only to staff whose official duties require that level of access.
</p></xhtmlContent></subsection>
<subsection type="safeguards"><xhtmlContent><p>1. Electronic data transmissions between VA health care facilities, HEC, and AITC are safeguarded by using VA's secure wide area network. The transmission of electronic data between SSA and AITC is safeguarded through the use of a secured, encrypted connection. Back-up of magnetic media containing FTI is transported between AITC and the off-site location in a locked storage container by an off-site vendor. Vendor personnel do not have key access to the locked container. The locked storage container is stored in a safe in a secured room at the off-site storage location. Access to the secured room and the safe is limited to authorized VA Information Technology staff only.
</p><p>2. The software programs at HEC, AITC, and VA health care facilities automatically flag records or events for transmission via electronic messages based upon functionality requirements. The recipients of the messages are controlled and/or assigned to the mail group based on their role or position. Server jobs at each facility run continuously to check for incoming and outgoing data to be transmitted which needs to be parsed to files on the receiving end. All messages containing data transmissions include header information that is used for validation purposes. Consistency checks in the software are used to validate the transmission, and electronic acknowledgment messages are returned to the sending application. The VA Office of Cyber Security has oversight responsibility for planning and implementing computer security.
</p><p>3. Working spaces and record storage areas at the HEC are secured during all business hours, as well as during non-business hours. All entrance doors require an electronic pass card, issued by the HEC Personal Card Issuer, for entry when unlocked, and entry doors are locked outside normal business hours. The card has restricted access capability, which allows restriction of unauthorized personnel to secured areas. Visitors are required to present identification and sign-in at a specified location. Visitors are issued a pass card which allows access to non-sensitive areas and are escorted by staff through restricted areas. At the end of the visit, visitors are required to turn in their card. The building is equipped with an intrusion alarm system which is activated during non-business hours. This alarm system is monitored by a private security service vendor. The HEC office space occupied by employees with access to Veteran records is secured with an electronic locking system, which requires a card for entry and exit of that office space. Access to the AITC is generally restricted to AITC staff, VA Headquarters employees, custodial personnel, Federal Protective Service, and authorized operational personnel through electronic locking devices. All other persons gaining access to the computer rooms are escorted.
</p><p>4. A number of other security measures are implemented to enhance security and safeguard of electronic records such as automatic timeout after a short period of inactivity and device locking after a pre-set number of invalid logon attempts, for example.
</p><p>5. Electronic data, except FTI, is transmitted from HEC and AITC to VA health care facilities over VA secure wide area network.
</p><p>6. Employees at the health care facility level do not have access to FTI, nor do they have the ability to edit or view income tests received from HEC as a result of the income match with IRS.
</p><p>7. Only specific key staff and the ISO are authorized access to the computer room. Programmer access to AITC and HEC databases, which contain FTI, is restricted only to staff whose official duties require that level of access. Contractor staff are not authorized access to the production database.
</p><p>8. On-line data, including FTI, reside on magnetic media in AITC computer room which are highly secured. Backup media are stored in a combination lock safe in a secured room within the same building and access to the safe is restricted to the IT staff. Backup media are stored by an off-site media storage vendor who picks up the media on a weekly basis from HEC and AITC and returns the media to the off-site storage via a locked storage container. Vendor personnel do not have key access to the locked container.
</p><p>9. Any sensitive information that may be downloaded to a personal computer or printed to hard copy format is provided the same level of security as the electronic records. All paper documents and informal notations containing sensitive data are shredded prior to disposal. All magnetic media (primary computer system) and personal computer disks are degaussed prior to disposal or released off site for repair.
</p><p>10. HEC and AITC fully comply with the Tax Information Security Guidelines for Federal, State and Local Agencies (Department of Treasury IRS Publication 1075) as it relates to access and protection of such data. These guidelines define the management of magnetic media, paper and electronic records, and physical and electronic security of the data.
</p><p>11. All new HEC employees receive initial information security and privacy training and refresher training are provided to all employees on an annual basis. HEC's ISO performs an Annual Information Security (AIS) audit. This annual audit includes the primary computer information system, the telecommunication system, and local area networks. Additionally, the IRS performs periodic on-site inspections to ensure the appropriate level of security is maintained for FTI. HEC and AITC's ISO and AIS administrator additionally perform periodic reviews to ensure security of the system and databases.
</p><p>12. Identification codes and codes used to access HEC automated communications systems and records systems, as well as security profiles and possible security violations, are maintained on magnetic media in a secure environment by the HEC ISO. For contingency purposes, database back-ups on removable magnetic media are stored off-site by a licensed and bonded media storage vendor.
</p><p>13. VA field facilities do not receive FTI from AITC or HEC.
</p><p>14. Contractors and subcontractors are required to adhere to HEC's safeguard and security requirements.
</p></xhtmlContent></subsection>
<subsection type="retentionAndDisposal"><xhtmlContent><p>Depending on the record medium, records are destroyed by either shredding or degaussing. Paper records are destroyed after they have been accurately scanned on optical disks. Optical disks or other electronic medium are deleted when all phases of the Veteran's appeal rights have ended (10 years after the income year for which the means test verification was conducted). Electronic data and magnetic media received at AITC from SSA and IRS are destroyed 30 days after the data have been validated as being a true copy of the original data. Summary reports and other output reports are destroyed when no longer needed for current operation. Records are disposed of in accordance with the records retention standards approved by the Archivist of the United States, NARA, and published in the Veterans Health Administration Records Control Schedule 10-1. Regardless of the record medium, no records will be retired to a Federal records center.Vet
</p></xhtmlContent></subsection>
<subsection type="systemManager"><xhtmlContent><p>Official responsible for policies and procedures: Chief Business Office (10NB2A), VA Central Office, 810 Vermont Avenue NW., Washington, DC 20420. Official maintaining the system: Director, Health Eligibility Center, 2957 Clairmont Road, Atlanta, Georgia 30329.
</p></xhtmlContent></subsection>
<subsection type="notificationProcedure"><xhtmlContent><p>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 record should submit a written request or apply in person to the Health Eligibility Center. All inquiries must reasonably identify the records requested. Inquiries should include the individual's full name, social security number, and return address.
</p></xhtmlContent></subsection>
<subsection type="recordAccessProcedures"><xhtmlContent><p>Individuals seeking information regarding access to and contesting of income verification records may write to the Director, Health Eligibility Center, 2957 Clairmont Road, Suite 200, Atlanta, Georgia 30329.
</p></xhtmlContent></subsection>
<subsection type="contestingRecordProcedures"><xhtmlContent><p>(See Record Access Procedures above.)
</p></xhtmlContent></subsection>
<subsection type="recordSourceCategories"><xhtmlContent><p>Information in this systems of records may be provided by the applicant, applicant's spouse or other family members; accredited representatives or friends; employers and other payers of earned income; financial institutions and other payers of unearned income; health insurance carriers; other Federal agencies; the "Patient Medical Records--VA" (24VA10P2) and the "Enrollment and Eligibility Records--VA" (147VA16) systems of records; and Veterans Benefits Administration (VBA) automated record systems (including the "Veterans and Beneficiaries Identification and Records Location Subsystem--VA" (38VA23) and the "VA Compensation, Pension, Education, and Vocational Rehabilitation and Employment Records--VA"(58VA21/22/28)).
</p></xhtmlContent></subsection></section>
<section id="90VA194" toc="yes">
<systemNumber>90VA194</systemNumber>
<subsection type="systemName">Call Detail Records--VA.
</subsection>
<subsection type="systemLocation"><xhtmlContent><p>Records are maintained at Veterans Health Administration (VHA) facilities. Address locations
for Department of Veterans Affairs (VA) facilities are listed in VA Appendix 1 of the biennial
publication of VA's systems of records.
</p></xhtmlContent></subsection>
<subsection type="categoriesOfIndividuals"><xhtmlContent><p>Individuals who are assigned VHA telephone numbers or are authorized to use VHA telephone
services, and individuals who receive or make calls billed to VHA.
</p></xhtmlContent></subsection>
<subsection type="categoriesOfRecords"><xhtmlContent><p>Call detail records consist of information on Federal Telecommunication System (FTS)
telephone calls placed from VHA telephones or otherwise billed to VHA including the originating and
destination telephone numbers; States and cities called; date and time of call; duration of each
call; cost of call; name and title of caller; request number; account code; deactivation code;
authorization code records indicating the assignment of telephone numbers to organizations and
individuals; and the organizational location of telephones.
</p></xhtmlContent></subsection>
<subsection type="authorityForMaintenance"><xhtmlContent><p>Title 38, United States Code, section 501.
</p></xhtmlContent></subsection>
<subsection type="purpose"><xhtmlContent><p>The records are used to generate call detail records; to verify telephone usage; to allocate
costs of telephone services to individual users; to identify unofficial telephone calls; and to
justify action when individuals misuse or abuse VA telephone services.
</p></xhtmlContent></subsection>
<subsection type="routineUsesOfRecords"><xhtmlContent><p>To the extent that records contained in the system include information protected by 45 CFR
parts 160 and 164, (<i>i.e.</i>, individually identifiable health information, and 38 U.S.C. 7332),
(<i>i.e.</i>, 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 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.
</p><p>1. Disclosure may be made to individuals to determine their responsibility for telephone calls.
</p><p>2. Disclosure may be made to another Federal agency or a telecommunications company providing
telephone services to permit maintenance and repair of the account.
</p><p>3. Information from this system of records may be disclosed to a congressional office from the
record of an individual in response to an inquiry from the congressional office made on behalf of
that individual.
</p><p>4. Disclosure may be made to the National Archives and Records Administration (NARA) or to the
General Services Administration (GSA) for records management inspections under Title 44 of United
States Code.
</p><p>5. Disclosure may be made at VA's initiative to the appropriate Federal, State, or local agency
responsible for investigating, prosecuting, enforcing, or implementing a statute, rule, regulation,
or order, where the agency becomes aware of an indication of a violation or potential violation of
civil or criminal law or regulation.
</p><p>6. A record from this system of records may be disclosed to a Federal agency, in response to its
request, in connection with the hiring or retention of an employee, the issuance of a security
clearance, the conducting of a security or suitability investigation of an individual, the reporting
of an investigation, the letting of a grant or other benefit, to the extent that the information is
relevant and necessary to the requesting agency's decision on the matter.
</p><p>7. Records from this system of records may be disclosed in a proceeding before a court,
adjudicative body, or other administrative body when the Agency, or any Agency component or employee
(in his or her official capacity as a VA employee), is a party to litigation; when the Agency
determines that litigation is likely to affect the Agency, any of its components or employees, or
the United States has an interest in the litigation, and such records are deemed to be relevant and
necessary to the legal proceedings; provided that the disclosure is compatible with the purpose for
which the records were collected.
</p><p>8. Disclosure of relevant information may be made to individuals, organizations, private or
public agencies, <i>etc</i>., with whom VA has a contract or agreement 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.
</p><p>9. 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.
</p><p>10. Disclosure may be made to the VA-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 VA under medical evaluation (formerly fitness-for-duty)
examination procedures or Department-filed disability retirement procedures.
</p><p>11. 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.
</p><p>12. 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.
</p><p>13. Disclosure may be made to the Federal Labor Relations Authority, including its General
Counsel, when requested in connection with investigation and resolution of allegations of unfair
labor practices, in connection with the resolution of exceptions to arbitrator awards when a
question of material fact is raised and matters before the Federal Service Impasses Panel.
</p><p>14. 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 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
that is compatible with the purpose for which VA collected the records.
</p><p>15. 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.
</p><p>16. 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.
</p><p>17. 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.
</p><p>Disclosure to consumer reporting agencies:
</p><p>Pursuant to 5 U.S.C. 552a(b)(12), 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)).
</p></xhtmlContent></subsection>
<subsection type="policiesAndPractices"><xhtmlContent><p>Storage:</p>
<p>Records are maintained on electronic media (hard disk and floppy disks) and paper.
</p></xhtmlContent></subsection>
<subsection type="retrievability"><xhtmlContent><p>Records may be retrieved by name, authorization code, VA organizational unit, originating
telephone number, destination telephone number, location code, date, time, cost, and/or duration of
call.
</p></xhtmlContent></subsection>
<subsection type="safeguards"><xhtmlContent><p>1. Access to telecommunication areas at health care facilities is generally limited by
appropriate locking devices and restricted to authorized VA employees and vendor personnel.
Generally, VA telecommunication areas are locked at all times and the facilities are protected from
outside access by the Federal Protective Service or other security personnel.
</p><p>2. Access to file information or the user database is controlled by access codes. The system
recognizes authorized VA employees by individually unique passwords or access codes. Contractors
accessing the database remotely use encryption and access codes.
</p></xhtmlContent></subsection>
<subsection type="retentionAndDisposal"><xhtmlContent><p>Records are maintained and disposed of in accordance with record disposition authority
approved by the Archivist of the United States. Destruction of hard copy (paper) records is by
shredding or burning or some other method that will macerate the record content. Working disks are
erased as soon as the purpose for which they have been established has been served.
</p></xhtmlContent></subsection>
<subsection type="systemManager"><xhtmlContent><p>Director, Implementation and Training Services, Communications Services Office (194D),
Office of Information, State Route 9, Building 307A, Martinsburg, West Virginia 25401.
</p></xhtmlContent></subsection>
<subsection type="notificationProcedure"><xhtmlContent><p>Individuals wishing to inquire whether this system of records contains information about
themselves should contact the designated individual at the VHA facility where the records are
maintained. Individuals must furnish the following information for their records to be located and
identified: a. Full name; b. VA assigned telephone number or telephone service authorization number;
and c. Description of information being sought, including the time frame of information being
sought.
</p></xhtmlContent></subsection>
<subsection type="recordAccessProcedures"><xhtmlContent><p>Individuals wishing to request access to records about themselves should contact the
designated individual at the VHA facility where the records are maintained. Individuals must furnish
the following information for their records to be located and identified: a. Full name; b. VA
assigned telephone number or telephone authorization number, and; c. Description of information
being sought, including the time frame of information being sought. Individuals requesting access
must also follow VA's Privacy Act regulations regarding verification of identify and access to
records (38 CFR part 1).
</p></xhtmlContent></subsection>
<subsection type="contestingRecordProcedures"><xhtmlContent><p>(See Record Access Procedures above.)
</p></xhtmlContent></subsection>
<subsection type="recordSourceCategories"><xhtmlContent><p>The information in this system of records is obtained from the following sources: a. Local
VA telephone directories and other telephone assignment records; b. call detail records provided by
suppliers of telephone services; and c. the individual on whom the record is maintained.
</p></xhtmlContent></subsection></section>

<section id="93VA131" toc="yes">
<systemNumber>93VA131</systemNumber>
<subsection type="systemName">Gulf War Registry-VA
</subsection>
<subsection type="systemLocation"><xhtmlContent><p>Character-based data from Gulf War Registry Code Sheets are maintained in a registry dataset
at the Austin Automation Center (AAC), 1615 Woodward Street, Austin, Texas 78772. Since the dataset
at the AAC is not all-inclusive, i.e., narratives, signatures, noted on the code sheets are not
entered into this system, images of the code sheets are maintained at the Department of Veterans
Affairs (VA), Environmental Agents Service (131), 810 Vermont Avenue, NW., Washington, DC 20420.
These are electronic images of paper records, i.e., code sheets and questionnaires that are stored
on optical disks. With the transition to a web-based data entry system, this optical disk system
will be discontinued in 2004. Images of code sheets are accessible in the web-based data entry
system.
</p></xhtmlContent></subsection>
<subsection type="categoriesOfIndividuals"><xhtmlContent><p>Veterans who may have been exposed to toxic substances or environmental hazard while serving
in the Southwest theatre of operations during the Gulf War from August 2, 1990, until such time as
Congress by law ends the Gulf War, and have had a Gulf War Registry (GWR) examination at a VA
medical facility. Also, a spouse or child suffering from an illness or disorder (including birth
defects, miscarriages, or stillbirth), which cannot be disassociated from the veteran's service in
the Southwest Asia theatre of operations and who has had a GWR examination performed by a VA or non-
VA clinician.
</p></xhtmlContent></subsection>
<subsection type="categoriesOfRecords"><xhtmlContent><p>These records consist of code sheet records recording VA facility code identifier where
veteran was examined or treated; veteran's name; address; social security number; date of birth;
race/ethnicity; marital status; sex; branch of service; periods of service; hospital status, i.e.,
inpatient; outpatient; areas of service in the Gulf War theatre of operations; list of military
units where veteran served; military occupation specialty; names of units in which veteran served;
veteran's reported exposure to environmental factors; any traumatic experiences while in the Gulf
War; veteran's self-assessment of health; veteran's functional impairment; report of birth defects
and infant death(s) among veteran's children and/or problems with pregnancy and infertility; date of
registry examination; veteran's complaints/symptoms; consultations; diagnoses; disposition
(hospitalized, referred for outpatient treatment, etc.); whether veteran had an unexplained illness
and had further tests and consultations and diagnoses as part of a Phase II, Uniform Case Assessment
Examination; and name and signature of examiner/clinician coordinator, when provided. Similar
responses for spouse and children of Gulf War veterans examined by non-VA physicians are contained
in the records.
</p><p>Another category of data entries is obtained from depleted uranium (DU) questionnaires, a
supplement to the Gulf War code sheet. The data entries may contain the facility identifier where
the information was completed; demographic information (name and social security number); daytime
and evening phone numbers; date of questionnaire completion; date of arrival in and departure from
the Gulf War theatre of operations; source of referral to VA medical center for evaluation; where
veteran served (i.e., Iraq, Kuwait, Saudi Arabia, the neutral zone [between Iraq and Saudi Arabia],
Bahrain, Qatar, the United Arab Emirates, Oman, Gulf of Aden, Gulf of Oman and the Waters of the
Persian Gulf, Arabian Sea and Red Sea); capacity in which veteran served; questions relating to
potential inhalation exposures to DU including those on, in, or near vehicles hit with friendly fire
or enemy fire, entering burning vehicles, individuals near fires involving DU munitions, individuals
salvaging damaged vehicles, and those near burning vehicles; whether veteran was wounded, retained
DU fragments in veteran's body, handled DU penetrator rounds or any other exposures to DU; whether a
24-hour urine collection for uranium was performed; name, title and signature of
examiner/environmental health clinician, when provided, and results of urine uranium tests,
expressed per microgram per gram creatinine.
</p></xhtmlContent></subsection>
<subsection type="authorityForMaintenance"><xhtmlContent><p>Title 38, United States Code (U.S.C.) 1710(e)(1)(B) and 1720E.
</p></xhtmlContent></subsection>
<subsection type="purpose"><xhtmlContent><p>The records will be used for the purpose of providing information about: Veterans who have
had a GWR examination at a VA facility and their spouses and/or children who have had examinations
by VA or non-VA clinicians to assist in generating hypotheses for research studies; providing
management with the capability to track patient demographics; reporting birth defects among
veterans' children and grandchildren; planning the delivery of health care services and associated
cost; and assisting in the adjudication of claims possibly related to exposure to a toxic substance
or environmental hazard.
</p></xhtmlContent></subsection>
<subsection type="routineUsesOfRecords"><xhtmlContent><p>VA may disclose protected health information pursuant to the following routine uses where
required by law, or required or permitted by 45 CFR parts 160 and 164.
</p><p>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 record
on behalf of, and at the written request of, that individual.
</p><p>2. Disclosure of records covered by this system, as deemed necessary and proper to named
individuals serving as accredited service organization representatives, and other individuals named
as approved agents or attorneys for a documented purpose and period of time, to aid beneficiaries in
the preparation and presentation of their cases during the verification and/or due process
procedures, and in the presentation and prosecution of claims under laws administered by VA.
</p><p>3. A record containing the name(s) and address(es) of present or former members of the armed
services and/or their dependents may be released from this system of records under certain
circumstances:
</p><p>a. To any nonprofit organization if the release is directly connected with the conduct of
programs and the utilization of benefits under Title 38, and
</p><p>b. To any criminal or civil law enforcement 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(s) or
address(es) be provided for a purpose authorized by law; provided, further, that the record(s) will
not be used for any purpose other than that stated in the request and that the organization, agency
or instrumentality is aware of the penalty provision of 38 U.S.C. 5701(f).
</p><p>4. Disclosure may be made to the National Archives and Record Administration (NARA) in records
management inspections conducted under authority of Title 44 United States Code.
</p><p>5. Disclosure of information, excluding name and address (unless name and address is furnished by
the requestor) for research purposes determined to be necessary and proper, to epidemiological and
other research facilities approved by the Under Secretary for Health.
</p><p>6. In order to conduct Federal research necessary to accomplish a statutory purpose of an agency,
at the written request of the head of the agency, or designee of the head of that agency, the
name(s) and address(es) of present or former personnel or the Armed Services and/or their dependents
may be disclosed
</p><p>a. to a Federal department or agency, or
</p><p>b. directly to a contractor of a Federal department or agency. When a disclosure of this
information is to be made directly to the contractor, VA may impose applicable conditions on the
department, agency, and/or contractor to ensure the appropriateness of the disclosure to the
contractor.
</p><p>7. VA may disclose on its own initiative any information in this system, except the names and
home addresses of veterans and their dependents, which is relevant to a suspected 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, 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. On its own initiative, VA may also disclose 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, rule or order issued pursuant thereto.
</p><p>8. For program review purposes and the seeking of accreditation and/or certification, disclosure
may be made to survey teams of the Joint Commission on Accreditation of Healthcare Organizations
(JCAHO), College of American Pathologists, American Association of Blood Banks, and similar national
accreditation agencies or boards with whom VA has a contract or agreement to conduct such reviews
but only to the extent that the information is necessary and relevant to the review.
</p><p>9. Records from this system of records may be disclosed to the Department of Justice (DOJ) or in
a proceeding before a court, adjudicative body, or other administrative body before which the
Department is authorized to appear when: (a) The Department, or any component thereof; or (b) any
employee of the Department in his or her official capacity where the DOJ or the Department has
agreed to represent the employee; or (c) the U.S., when the Department determines that litigation is
likely to affect the Department or any of its components; is a party to litigation, and has an
interest in such litigation, and the use of such records by the DOJ or the Department is deemed by
the Department to be relevant and necessary to the litigation provided, however, that the disclosure
is compatible with the purpose for which the records were collected.
</p><p>10. Relevant information may be disclosed to individuals, organizations, private or public
agencies, etc., with whom VA has a contract or agreement to perform such services as VA may deem
practical for the purposes of laws administered by VA, in order for the contractor to perform the
services of the contract or agreement.
</p><p>11. 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.
</p><p>12. 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.
</p></xhtmlContent></subsection>
<subsection type="policiesAndPractices"><xhtmlContent><p>Storage:</p>
<p>In 2003, the data collection process moved to a secure web-based system. Data previously
recorded manually and converted to electronic format is now input through the secure VA Intranet
system. Data is stored on a web server hosted by the AAC and is retrievable by the facility. Three
levels of access are provided for the data that is input, using password security linked to the AAC
Top Secret Security system, with mandated changes every 90 days. Data from individual facilities is
uploaded nightly and stored on Direct Access Storage Devices at the AAC, Austin, Texas, and on
optical disks at VA Central Office, Washington, DC. AAC stores registry tapes for disaster back up
at an off-site location. VA Central Office also has back-up optical disks stored off-site. In
addition to electronic data, registry reports are maintained on paper documents and microfiche.
</p><p>The optical disk system is currently being utilized where there is no access to the secure web-
based system. The optical disk system is scheduled to be discontinued in 2004 and all access to the
GWR system will be through the secure web-based data entry system. Records will be maintained and
disposed of in accordance with records disposition authority approved by the Archivist of the United
States.
</p></xhtmlContent></subsection>
<subsection type="retrievability"><xhtmlContent><p>Records are indexed by name of veteran and social security number.
</p></xhtmlContent></subsection>
<subsection type="safeguards"><xhtmlContent><p>Access to records at VA Central Office is only authorized to VA personnel on a "need to
know" basis. Records are maintained in manned rooms during working hours. During non-working hours,
there is limited access to the building with visitor control by security personnel. Registry data
maintained at the AAC can only be updated by authorized AAC personnel.
</p><p>Data is securely located behind the VA firewall and only accessible from the VA Local Area
Network (LAN) through the VA Intranet. Read access to the data is granted through a
telecommunications network to authorized VA Central Office staff. AAC reports are also accessible
through a telecommunications network on a read-only basis to the owner (VA facility) of the data.
Access is limited to authorized employees by individually unique access codes which are changed
periodically.
</p><p>Physical access to the AAC is generally restricted to AAC staff, VA Central Office staff,
custodial personnel, Federal Protective Service and authorized operational personnel through
electronic locking devices. All other persons gaining access to the computer rooms are escorted.
Backup records stored off-site for both the AAC and VA Central Office are safeguarded in secured
storage areas. A disaster recovery plan is in place and system recovery is tested at an off-site
facility in accordance with established schedules.
</p></xhtmlContent></subsection>
<subsection type="retentionAndDisposal"><xhtmlContent><p>Records will be maintained and disposed of in accordance with records disposition authority
approved by the Archivist of the United States.
</p></xhtmlContent></subsection>
<subsection type="systemManager"><xhtmlContent><p>Director, Environmental Agents Service (131), Office of Public Health and Environmental
Hazards, (clinical issues) and Management/Program Analyst, Environmental Agents Service (131)
(administrative issues), VA Central Office, 810 Vermont Avenue, NW., Washington, DC 20420.
</p></xhtmlContent></subsection>
<subsection type="notificationProcedure"><xhtmlContent><p>An 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
record, should submit a written request or apply in person to the last VA facility where medical
care was provided or submit a written request to the Director, Environmental Agents Service (131),
Office of Public Health and Environmental Hazards or the Management/Program Analyst, Environmental
Agents Service (131), VA Central Office, 810 Vermont Avenue, NW., Washington, DC 20420. Inquiries
should include the veteran's name, social security number, and return address.
</p></xhtmlContent></subsection>
<subsection type="recordAccessProcedures"><xhtmlContent><p>An individual who seeks access to records maintained under his or her name may write or
visit the nearest VA facility or write to the Director, Environmental Agents Service (131) or the
Management/Program Analyst, Environmental Agents Service (131), VA Central Office, 810 Vermont
Avenue, NW., Washington, DC 20420.
</p></xhtmlContent></subsection>
<subsection type="contestingRecordProcedures"><xhtmlContent><p>(See "Record Access Procedures.")
</p></xhtmlContent></subsection>
<subsection type="recordSourceCategories"><xhtmlContent><p>VA patient medical records, various automated record systems providing clinical and
managerial support to VA health care facilities, the veteran, family members, and records from the
Veterans Benefits Administration, Department of Defense, Department of the Army, Department of the
Air Force, Department of the Navy and other Federal agencies.
</p></xhtmlContent></subsection></section>
<section id="97VA10P1" toc="yes">
<systemNumber>97VA10P1</systemNumber>
<subsection type="systemName">Consolidated Data Information System-VA.
</subsection>
<subsection type="systemLocation"><xhtmlContent><p>Records will be maintained at Department of Veteran Affairs (VA) Veterans Health
Administration (VHA) sites for the Centers for Medicare &amp; Medicaid Services (CMS) data (see VA
Appendix 5).
</p></xhtmlContent></subsection>
<subsection type="categoriesOfIndividuals"><xhtmlContent><p>Records include information concerning veterans, their spouses and their dependents, family
members, active duty military personnel, and individuals who are not VA beneficiaries, but who
receive health care services from VHA.
</p></xhtmlContent></subsection>
<subsection type="categoriesOfRecords"><xhtmlContent><p>Categories of records in the system will include veterans' names, addresses, dates of
birth, VA claim numbers, social security numbers (SSNs), and military service information, medical
benefit application and eligibility information, code sheets and follow-up notes, sociological,
diagnostic, counseling, rehabilitation, drug and alcohol, dietetic, medical, surgical, dental,
psychological, and/or psychiatric medical information, prosthetic, pharmacy, nuclear medicine,
social work, clinical laboratory and radiology information, patient scheduling information, family
information such as next of kin, spouse and dependents" names, addresses, social security
numbers and dates of birth, family medical history, employment information, financial information,
third-party health plan information, information related to registry systems, date of death, VA
claim and insurance file numbers, travel benefits information, military decorations, disability or
pension payment information, amount of indebtedness arising from 38 U.S.C. benefits, applications
for compensation, pension, education and rehabilitation benefits, information related to
incarceration in a penal institution, medication profile such as name, quantity, prescriber, dosage,
manufacturer, lot number, cost and administration instruction, pharmacy dispensing information such
as pharmacy name and address.
</p><p>The records will include information on Medicare beneficiaries from CMS databases including:
health care usage, demographic, enrollment, and survey/assessment files including veteran and non-
veteran data.
</p><p>The records include information on Medicaid beneficiaries" utilization and enrollment from
state databases.
</p><p>The records include information on veterans enrolled for VA health care who have participated in
the periodic "VHA Survey of Veteran Enrollees" Health and Reliance Upon VA."
</p><p>The records also include information on: Civilian Health and Medical Program of the Department of
Veterans Affairs (CHAMPVA), VA/DOD Identity Repository (VADIR), as well as the OEF/OIF roster
(Defense Manpower Data Center), and United States Renal Data System (USRDS).
</p></xhtmlContent></subsection>
<subsection type="authorityForMaintenance"><xhtmlContent><p>Section 527 of 38 U.S.C. and the Government Performance and Results Act of 1993, Public Law
103-62.
</p></xhtmlContent></subsection>
<subsection type="purpose"><xhtmlContent><p>The purpose of this system of records is to conduct statistical studies and analyses which
will support the formulation of Departmental policies and plans by identifying the total current
health care usage of the VA patient population. The records and information may be used by VA in
evaluation of Department programs. The information may be used to conduct research.
</p></xhtmlContent></subsection>
<subsection type="routineUsesOfRecords"><xhtmlContent><p>VA may disclose protected health information pursuant to the following routine uses where
required by law, or required or permitted by 45 CFR parts 160 and 164.
</p><p>1. VA may disclose on its own initiative any information in this system, except the names and
home addresses of veterans and their dependents, which is relevant to a suspected 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, 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. On its own initiative, VA may also disclose 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, rule or order issued pursuant thereto.
</p><p>2. Disclosure may be made, excluding name and address (unless name and address are furnished by
the requestor) for research purposes determined to be necessary and proper to epidemiological and
other research facilities approved by the System Manager or the Under Secretary for Health, or
designee.
</p><p>3. Any record in the system of records may be disclosed to a Federal agency for the conduct of
research and data analysis to perform a statutory purpose of that Federal agency upon the prior
written request of that agency, provided that there is legal authority under all applicable
confidentiality statutes and regulations to provide the data and VHA Medicare and Medicaid Analysis
Center (MAC) has determined prior to the disclosure that VA data handling requirements are
satisfied. MAC may disclose limited individual identification information to another Federal agency
for the purpose of matching and acquiring information held by that agency for MAC to use for the
purposes stated for this system of records.
</p><p>4. Disclosure may be made to National Archives and Records Administration (NARA), General
Services Administration (GSA) in records management inspections conducted under authority of 44
U.S.C.
</p><p>5. VA may disclose information in 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 disclosure of the records to the
Department of Justice 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.
</p><p>6. Disclosure may be made to individuals, organizations, private or public agencies, or other
entities or individuals with whom VA has a contract or agreement to perform such services as VA may
deem practicable for the purposes of laws administered by VA, in order for the contractor,
subcontractor, public or private agency, or other entity or individual with whom VA has an agreement
or contract to perform the services of the contract or agreement. This routine use includes
disclosures by the individual or entity performing the service for VA to any secondary entity or
individual to perform an activity that is necessary for individuals, organizations, private or
public agencies, or other entities or individuals with whom VA has a contract or agreement to
provide the service to VA.
</p><p>7. Any records may be disclosed to appropriate agencies, entities, and persons under the
following circumstances: when (1) it is suspected or confirmed that the security 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 or integrity of this system or other systems or programs (whether maintained
by the Department or another agency or entity) that rely upon the compromised information; and (3)
the disclosure is made to such agencies, entities, and persons who are reasonably necessary to
assist in connection with the Department's efforts to respond to the suspected or confirmed
compromise and prevent, minimize, or remedy such harm.
</p><p>8. The record of an individual who is covered by a system of records may be disclosed to a Member
of Congress, or a staff person acting for the member, when the member or staff person requests the
record on behalf of and at the written request of the individual.
</p><p>9. 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.
</p><p>10. VA may disclose information to the Equal Employment Opportunity Commission when requested in
connection with investigations of alleged or possible discrimination practices, examinations of
Federal affirmative employment programs, compliance with the Uniform Guidelines of Employee
Selection Procedures, or other functions of the Commission as authorized by law or regulation.
</p><p>11. VA may disclose information to a former VA employee or contractor, as well as the authorized
representative of a current or former employee or contractor of VA, in proceedings before the Merit
Systems Protection Board or the Office of the Special Counsel 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. 1206, or as otherwise authorized by law.
</p><p>12. VA may disclose to the Federal Labor Relations Authority, including its General Counsel,
information related to the establishment of jurisdiction, investigation, and resolution of
allegations of unfair labor practices, or in connection with the resolution of exceptions to
arbitration awards when a question of material fact is raised in matters before the Federal Service
Impasses Panel.
</p></xhtmlContent></subsection>
<subsection type="policiesAndPractices"><xhtmlContent><p>Storage:</p>
<p>Data are maintained on magnetic tape, disk, or laser optical media.
</p></xhtmlContent></subsection>
<subsection type="retrievability"><xhtmlContent><p>Records may be retrieved by name, name and one or more criteria (<i>e.g.</i>, dates of
birth, death and service), SSN or VA claim number.
</p></xhtmlContent></subsection>
<subsection type="safeguards"><xhtmlContent><p>1. Access to and use of these records is limited to those persons whose official duties
require such access. Personnel screening is employed to prevent unauthorized disclosure.
</p><p>2. Access to Automated Data Processing files is controlled at two levels: (1) Terminals, central
processing units, and peripheral devices are generally placed in secure areas (areas that are locked
or have limited access) or are otherwise protected; and (2) the system recognizes authorized users
by means of an individually unique password entered in combination with an individually unique user
identification code.
</p><p>3. Access to automated records concerning identification codes and codes used to access various
VA automated communications systems and records systems, as well as security profiles and possible
security violations is limited to designated automated systems security personnel who need to know
the information in order to maintain and monitor the security of VA's automated communications and
veterans' claim records systems. Access to these records in automated form is controlled by
individually unique passwords and codes. Agency personnel may have access to the information on a
need to know basis when necessary to advise agency security personnel or for use to suspend or
revoke access privileges or to make disclosures authorized by a routine use.
</p><p>4. Access to VA facilities where identification codes, passwords, security profiles and possible
security violations are maintained is controlled at all hours by the Federal Protective Service, VA
or other security personnel and security access control devices.
</p></xhtmlContent></subsection>
<subsection type="retentionAndDisposal"><xhtmlContent><p>Copies of back-up computer files will be maintained at primary and secondary VA recipient
sites for CMS data (see Appendix 5). Records will be maintained and disposed of in accordance with
the records disposal authority approved by the Archivist of the United States, the National Archives
and Records Administration, and published in Agency Records Control Schedules.
</p></xhtmlContent></subsection>
<subsection type="systemManager"><xhtmlContent><p>Manager, Medicare and Medicaid Analysis Center, 100 Grandview Rd., Suite 114, Braintree, MA
02184.
</p></xhtmlContent></subsection>
<subsection type="notificationProcedure"><xhtmlContent><p>Individuals wishing to inquire whether this system of records contains information about
them should submit a signed written request to the Manager, Medicare and Medicaid Analysis Center,
100 Grandview Rd., Suite 114, Braintree, MA 02184.
</p></xhtmlContent></subsection>
<subsection type="recordAccessProcedures"><xhtmlContent><p>An individual who seeks access to records maintained under his or her name or other personal
identifier may write the System Manager named above and specify the information being contested.
</p></xhtmlContent></subsection>
<subsection type="contestingRecordProcedures"><xhtmlContent><p>(See Records Access Procedures above).
</p></xhtmlContent></subsection>
<subsection type="recordSourceCategories"><xhtmlContent><p>Information may be obtained from the Patient Medical Records System (24VA136), Patient Fee
Basis Medical and Pharmacy Records (23VA136), Veterans and Beneficiaries Identification and Records
Location Subsystem (38VA23), Compensation, Pension, Education and Rehabilitation Records
(58VA21/22), all other potential VA and non-VA sources of veteran demographic information, and CMS
databases. The records also include information from: Civilian Health and Medical Program of the
Department of Veterans Affairs (CHAMPVA), VA/DOD Identity Repository (VADIR), as well as the OEF/OIF
roster (Defense Manpower Data Center), and United States Renal Data System (USRDS).
</p></xhtmlContent></subsection></section>
<section id="98VA104" toc="yes">
<systemNumber>98VA104</systemNumber>
<subsection type="systemName">Disaster Emergency Medical Personnel System (DEMPS)-VA.
</subsection>
<subsection type="systemLocation"><xhtmlContent><p>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.
</p></xhtmlContent></subsection>
<subsection type="categoriesOfIndividuals"><xhtmlContent><p>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 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.
</p></xhtmlContent></subsection>
<subsection type="categoriesOfRecords"><xhtmlContent><p>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
database. 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 VHA 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.
</p></xhtmlContent></subsection>
<subsection type="authorityForMaintenance"><xhtmlContent><p>Authority for maintenance of this system of records is Executive Order 12656 dated November
18, 1988.
</p></xhtmlContent></subsection>
<subsection type="purpose"><xhtmlContent><p>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.
</p></xhtmlContent></subsection>
<subsection type="routineUsesOfRecords"><xhtmlContent><p>To the extent that records contained in the system include information protected by 45 CFR
parts 160 and 164, <i>i.e.</i>, individually identifiable health information, and 38 U.S.C. 7332, <i
>i.e.</i>, 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 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.
</p><p>1. Selected information (such as name, 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.
</p><p>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.
</p><p>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.
</p><p>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, and to identify the type of
information requested such as DEMPS personnel present at a crime scene caused by terrorists.
</p><p>5. Disclosure may be made to an agency in the executive, legislative, or judicial branch, or the
District of Columbia 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 Framework needs.
</p><p>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.
</p><p>7. Disclosure 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
44 U.S.C. 2904 and 2906.
</p><p>8. Disclosure may be made to a Federal agency or to a State or local government licensing board,
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.
</p><p>9. Information may be disclosed to private sector (<i>i.e.</i>, non-Federal, State, or local
governments) agencies, organizations, boards, bureaus, or commissions (<i>e.g.</i>, The Joint
Commission) when the disclosure is in the best interest of the government (<i>e.g.</i>, 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.
</p><p>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.
</p><p>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.
</p><p>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.
</p><p>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
or legal capacity to make decisions concerning his or 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.
</p><p>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.
</p><p>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.
</p><p>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.
</p><p>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.
</p><p>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.
</p><p>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.
</p><p>20. 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.
</p><p>21. 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.
</p><p>Disclosure to consumer reporting agencies:
</p><p>Reports of all transactions dealing with data will be used within VA and will not be
provided to any consumer-reporting agency.
</p></xhtmlContent></subsection>
<subsection type="policiesAndPractices"><xhtmlContent><p>Storage:</p>
<p>Automated records are maintained at all levels of management outlined in system location.
Automated information may be stored on microfilm, magnetic tape, disk, or databases.
</p></xhtmlContent></subsection>
<subsection type="retrievability"><xhtmlContent><p>Records are retrieved from the system by the name, professional title, VISN, home station,
professional specialty, job position title, etc., of the individuals on whom they are maintained.
</p></xhtmlContent></subsection>
<subsection type="safeguards"><xhtmlContent><p>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.
</p><p>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. Automatic Data Processing (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.
</p></xhtmlContent></subsection>
<subsection type="retentionAndDisposal"><xhtmlContent><p>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.
</p></xhtmlContent></subsection>
<subsection type="systemManager"><xhtmlContent><p>Official responsible for maintaining the system: Director, Emergency Management Strategic
Healthcare Group (EMSHG) (13C), VA Medical Center, Martinsburg, West Virginia, 25401.
</p></xhtmlContent></subsection>
<subsection type="notificationProcedure"><xhtmlContent><p>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, date of
application for employment or dates of employment, and return address.
</p></xhtmlContent></subsection>
<subsection type="recordAccessProcedures"><xhtmlContent><p>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.
</p></xhtmlContent></subsection>
<subsection type="contestingRecordProcedures"><xhtmlContent><p>(<i>See</i> Record Access Procedures above.)
</p></xhtmlContent></subsection>
<subsection type="recordSourceCategories"><xhtmlContent><p>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.
</p></xhtmlContent></subsection></section>
<section id="99VA13" toc="yes">
<systemNumber>99VA13</systemNumber>
<subsection type="systemName">Automated Safety Incident Surveillance and Tracking System--VA.
</subsection>
<subsection type="securityClassification"><xhtmlContent><p>None.
</p></xhtmlContent></subsection>
<subsection type="systemLocation"><xhtmlContent><p>Records are maintained at each Department of Veterans Affairs (VA) health care facility with
back-up computer tape information being stored at off-site locations in most cases. The national
database where ASISTS resides is located at the Austin Automation Center. Address locations for VA
facilities are listed in VA Appendix 1 of the biennial publication of the VA system of records. In
addition, records may be maintained at the Department of Veterans Affairs, 810 Vermont Avenue, NW.,
Washington, DC; VA Data Processing Centers; VA OI Field Offices; Veterans Integrated Service Network
Offices; and Employee Education Systems.
</p></xhtmlContent></subsection>
<subsection type="categoriesOfIndividuals"><xhtmlContent><p>The records include information concerning current and former employees, trainees,
contractors, subcontractors, volunteers, and other individuals working with or performing services
for VA. For the purpose of this system of records, these individuals are characterized collectively
as employees.
</p></xhtmlContent></subsection>
<subsection type="categoriesOfRecords"><xhtmlContent><p>The records in this system include:
</p><p>1. Personal identifiers, including the injured or ill employee's name, date of birth, age, sex,
and social security number;
</p><p>2. Residential and professional contact data, including home and/or mailing address, home
telephone number, emergency contact information, personnel status, and duty station;
</p><p>3. Employment information, including personnel status, occupation, grade and step, date of hire,
and station number;
</p><p>4. Information about injuries and illnesses attributed to work, including the location of injury,
cause, severity, type of injury, body parts affected, risk, and contributing factors;
</p><p>5. Information from reviews and investigation of incidents conducted by the employee's supervisor
and the safety personnel of that facility, including any corrective actions taken by the supervisor
and the findings of the health and safety officer;
</p><p>6. Abstract information, including environmental and epidemiological registries, studies of
effectiveness health and safety systems, and further research in the area of occupational medicine.
</p><p>7. Information required for reporting to the Occupational Safety and Health Administration (OSHA)
of the Department of Labor (DoL), including the name of the treating physician or other health care
professional, hospitalization, medical treatment, medication, safety device; and
</p><p>8. Information required for filing a workers' compensation claim with the DoL Office of Workers'
Compensation Programs (OWCP) under the Federal Employee Compensation Act (FECA), 5 U.S.C. 8101 <i>et
seq.</i>
</p><p>ASISTS does not contain, in whole or in part, workers' compensation claim forms filed under the
FECA, any duplicates or copies of such documents, or any information that is derived from claim
records.
</p></xhtmlContent></subsection>
<subsection type="authorityForMaintenance"><xhtmlContent><p>5 U.S.C. Chapters 11, 31, 33, 43, 61, 63, and 83; 38 U.S.C. 501; 38 U.S.C. Chapter 74.
</p></xhtmlContent></subsection>
<subsection type="purpose"><xhtmlContent><p>The records will be used to identify specific cases of work-related injuries and illnesses;
track and evaluate medical care of and services provided to injured or ill workers, and determine
emerging causes, clusters of incidents, and outbreaks. The records will also be used to identify
system-wide problems and opportunities for focused education and intervention; evaluate the
effectiveness of health and safety systems performance, especially after interventions, through
statistical analysis; to develop and manage the planning, distribution, and utilization of
resources; and support further research in the area of occupational medicine. The data may also be
used for the review of root causes of injuries and for audits, reviews, and investigations of
incidents involving workplace injuries and illnesses. Data may be accessed locally and at the VISN
level through ASISTS directly or through presentation modes on the VISN Support Service Center (in
anonymized form such as through a Proclarity Data Cube), Users include the following: Nationally
data may be accessed through the rolled-up master file and data use agreements with the System of
Records owner that address confidentiality requirements under the Privacy Act.
</p><p><i>At the facility level:</i> safety and industrial hygiene, engineering, human resources and
workers compensation, occupational health, union, supervisory, and management staff.
</p><p><i>At the VISN level:</i> VISN safety and workers compensation staff and human resources staff.
</p><p><i>At the national level:</i> occupational health, safety, workers compensation, human resources,
and engineering staff.
</p><p>Where an injured or ill employee chooses to file a workers' compensation claim under the Federal
Employee Compensation Act (FECA), 5 U.S.C. &#167; 8101 <i>et seq.</i>, ASISTS provides a
mechanism for electronic transmission of claims to DoL. Certain information in the system, including
the employee's own description of the injury or illness, populates the claim form. The completed
claim form, which is not a part of ASISTS, is then submitted to OWCP.
</p></xhtmlContent></subsection>
<subsection type="routineUsesOfRecords"><xhtmlContent><p>Although certain information in ASISTS populates workers' compensation claim forms, the
official workers' compensation claim file is part of OWCP's government-wide system of records
entitled Office of Workers' Compensation Programs, Federal Employees' Compensation Act Files
(DOL/GOVT-1) and is not covered by this system. Any data in ASISTS that is used solely to
populate FECA claim forms, such as the employee's own description of the incident, will be treated
as DOL/GOVT-1 records and disclosed only in accordance with DOL's interpretation of the
DOL/GOVT-1 routine uses.
</p><p>1. VA may disclose on its own initiative any information in this system, except the names and
addresses of veterans and their dependents, which is relevant to a suspected 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, 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. 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, rule, or
order.
</p><p>2. VA may disclose information to a Congressional office from the record of an individual in
response to an inquiry from the Congressional office on behalf of and at the request of that
individual.
</p><p>3. VA may disclose information to the National Archives and Records Administration (NARA) in
records disposition and management inspections conducted under authority of Title 44 of United
States Code.
</p><p>4. VA may disclose information in 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 disclosure of the records to the
Department of Justice 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.
</p><p>5. VA may disclose information for program review purposes and the seeking of accreditation
and/or certification to survey teams of the Joint Commission on Accreditation of Healthcare
Organizations (JCAHO), College of American Pathologists, American Association of Blood Banks, and
similar national accreditation agencies or boards with which VA has a contract or agreement to
conduct such reviews, but only to the extent that the information is necessary and relevant to the
review.
</p><p>6. VA may disclose information to officials of the Merit Systems Protection Board (MSPB) and 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.
&#167;&#167; 1205 and 1206, or as may be authorized by law.
</p><p>7. VA may disclose information to the Equal Employment Opportunity Commission (EEOC) 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.
</p><p>8. VA may disclose to the Federal Labor Relations Authority (FLRA), including its General
Counsel, information related to the establishment of jurisdiction, the investigation and resolution
of allegations of unfair labor practices, or information in connection with the resolution of
exceptions to arbitrator awards when a question of material fact is raised, in matters before the
Federal Service Impasses Panel, and to investigate representation petitions and conduct or supervise
representation elections.
</p><p>9. VA may disclose information to individuals, organizations, private or public agencies, or
other entities with which 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.
</p><p>10. VA may disclose information to labor unions operating at the facility level as members of
institutional review boards, also known as accident review boards, to review root causes of
injuries.
</p><p>11. VA may disclose information to the Department of Labor for the electronic filing of workers
compensation claims, as provided by 5 U.S.C. 8121.
</p><p>12. 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.
</p><p>13. 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.
</p></xhtmlContent></subsection>
<subsection type="policiesAndPractices"><xhtmlContent><p>Storage:</p>
<p>Records are maintained electronically on magnetic tape, disk, or laser optical media with
copies of back-up computer files maintained at off-site locations in most cases.
</p></xhtmlContent></subsection>
<subsection type="retrievability"><xhtmlContent><p>Records are retrieved by name, Social Security number, or other assigned identifiers of the
individuals on whom they are maintained.
</p></xhtmlContent></subsection>
<subsection type="safeguards"><xhtmlContent><p>1. Access to VA working and storage areas is restricted to VA personnel 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 facilities are protected from outside access by the Federal Protective Service
or other security personnel.
</p><p>2. Access to computer rooms at health care facilities is generally limited by appropriate locking
devices and restricted to authorized VA employees and vendor personnel. Automated Data Processing
(ADP) peripheral devices are placed in secure areas, which are locked, with limited access, or are
otherwise protected. Records may be accessed by authorized VA employees, and access is controlled at
two levels; the systems recognize authorized users by series of individually unique passwords/codes
as a part of each data message, and access is limited to only those who need the information in the
performance of their official duties. Information downloaded from ASISTS and maintained on personal
computers is afforded similar storage and access protections as data maintained in the original
files. Access to information stored on automated storage media at other VA locations is controlled
by individually unique passwords/codes.
</p><p>3. Access to information that populates workers' compensation claim forms submitted to DoL is
accessible to only the employee filing the claim, his or her supervisor, and the workers'
compensation personnel of the facility.
</p></xhtmlContent></subsection>
<subsection type="retentionAndDisposal"><xhtmlContent><p>Records are maintained and disposed of in accordance with records disposition authority
approved by the Archivist of the United States.
</p><p>At the current time, VA does not have records disposition authority for these records that has
been approved by the Archivist of the United States. The System Manager has initiated action to seek
and obtain such disposition authority in accordance with VA Handbook 6300.1, Records Management
Procedures. The records will not be destroyed until VA obtains a NARA-approved records disposition
authority. Once VA has obtained NARA-approved records disposition authority, the agency will amend
this notice to reflect that authority, and any destruction of electronic records will occur when no
longer needed for administrative, legal, audit, or other operational purposes.
</p></xhtmlContent></subsection>
<subsection type="systemManager"><xhtmlContent><p>Official responsible for policies and procedures: Office of Public Health and Environmental
Hazards (13), Department of Veterans Affairs, 810 Vermont Avenue, NW., Washington, DC 20420.
Officials maintaining the system: Director at the facility where the employee was associated.
</p></xhtmlContent></subsection>
<subsection type="notificationProcedure"><xhtmlContent><p>Individuals seeking information on the existence and content of a record pertaining to them
should contact the VA facility location at which they are or were employed, or performed work.
Inquiries should include the person's full name, social security number, dates of employment or
work, and return address.
</p></xhtmlContent></subsection>
<subsection type="recordAccessProcedures"><xhtmlContent><p>(See Notification Procedure above.)
</p></xhtmlContent></subsection>
<subsection type="contestingRecordProcedures"><xhtmlContent><p>(See Notification Procedure above.)
</p></xhtmlContent></subsection>
<subsection type="recordSourceCategories"><xhtmlContent><p>Information in this system of records is provided by employees, trainees, contractors,
subcontractors, volunteers, and other affected individuals; supervisors; health and safety
professionals at facilities; clinical personnel; workers' compensation personnel; and human
resources staff.
</p></xhtmlContent></subsection></section>
<section id="100VA10N210" toc="yes">
<systemNumber>100VA10NS10</systemNumber>
<subsection type="systemName">Patient Advocate Tracking System (PATS)-VA.
</subsection>
<subsection type="systemLocation"><xhtmlContent><p>PATS application is installed on a centrally located system at Falling Waters. The backup
system in case of disaster recovery scenario is located at Hines. The data entered into the
application also resides on this central system. A limited set of information is transferred from
this central system in Falling Waters to Austin Automation Center. This limited set of information
transferred to Austin Automation Center is utilized to run specific reports for central business
office.
</p><p>Patient contacts are coded in order to facilitate tracking of these contacts to show where system
improvements might be made. Aggregate data are maintained at the Network and Headquarters levels for
the development of reports to make system wide changes. Records are collected and stored
electronically for ease of retrieval by individual patient names and ease in compiling aggregate
data.
</p></xhtmlContent></subsection>
<subsection type="categoriesOfIndividuals"><xhtmlContent><p>The records include information concerning individual patients, veterans who have applied
for care, their friends, their families, VA healthcare providers and members of the community.
Members of the community include congressional liaisons, veterans service organizations and
attorneys.
</p></xhtmlContent></subsection>
<subsection type="categoriesOfRecords"><xhtmlContent><p>The records may include information maintained in paper records, and entered into a
centralized Web based system, Patient Advocate Tracking System (PATS) related to concerns and
complaints regarding an individual's medical care, VA benefits, and/or encounters with healthcare
facility personnel. The records include information that is compiled to review, investigate, and
resolve these issues.
</p></xhtmlContent></subsection>
<subsection type="authorityForMaintenance"><xhtmlContent><p>Title 38, United States Code, chapter 73, section 7301 (b).
</p></xhtmlContent></subsection>
<subsection type="purpose"><xhtmlContent><p>The records may be used for such purposes as producing various management and patient
follow-up reports; responding to patient and other inquiries; conducting healthcare-related studies,
statistical analysis, and resource allocation planning; providing clinical and administrative
support to patient medical care; audits, reviews and investigations conducted by the staff of the
healthcare facility, VISN, VHA Headquarters, and VA's Office of Inspector General (OIG); law
enforcement investigations; quality improvement reviews and investigations; personnel management and
evaluation; employee ratings and performance evaluations; employee disciplinary or other adverse
action, including discharge; advising healthcare professional licensing or monitoring bodies or
similar entities or activities of VA and former VA healthcare personnel; accreditation of a facility
by an entity such as the Joint Commission; and, notifying medical schools of medical students'
performance. The information is integrated into the overall quality improvement plans and activities
of the facility and used to improve services and communications, as well as, to track categories of
complaints and the locations of complaints in order to improve the delivery of healthcare.
</p></xhtmlContent></subsection>
<subsection type="routineUsesOfRecords"><xhtmlContent><p>To the extent that records contained in the system include information protected by 45 CFR
Parts 160 and 164, <i>i.e.</i>, individually identifiable health information, and 38 U.S.C. 7332, <i
>i.e.</i>, 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 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.
</p><p>1. The record of an individual who is covered by a system of records may be disclosed to a Member
of Congress, or a staff person acting for the Member, when the Member or staff person requests the
record on behalf of and at the written request of the individual.
</p><p>2. Disclosure may be made to the National Archives and Record Administration and the General
Services Administration for records management inspections conducted under authority of Title 44,
Chapter 29, of the United States Code (U.S.C.).
</p><p>3. 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 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
that is compatible with the purpose for which VA collected the records.
</p><p>4. Disclosure may be made to any facility regarding the hiring, performance, or other personnel-
related information 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.
</p><p>5. 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 which maintains
records concerning individual 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 Department to obtain information relevant to a Department
decision concerning the hiring, retention or termination of an employee or to inform Federal
agencies, licensing boards or the appropriate non-government entities about the healthcare practices
of employees who resigned, were terminated, or retired and whose professional healthcare 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.
</p><p>6. For program review purposes and the seeking of accreditation and/or certification, disclosure
may be made to survey teams of the Joint Commission, College of American Pathologists, American
Association of Blood Banks, and similar national accreditation agencies or boards with whom VA has a
contract or agreement to conduct such reviews, but only to the extent that the information is
necessary and relevant to the review.
</p><p>7. Disclosure may be made to a State or local government entity or national certifying body which
has the authority to make decisions concerning the issuance, retention or revocation of licenses,
certifications or registrations required to practice a healthcare profession, when requested in
writing by an investigator or supervisory official of the licensing entity or national certifying
body for the purpose of making a decision concerning the issuance, retention or revocation of the
license, certification or registration of a named healthcare professional.
</p><p>8. Disclosure of information to the Federal Labor Relations Authority (including its General
Counsel) when requested in connection with the investigation and resolution of allegations of unfair
labor practices, in connection with the resolution of exceptions to arbitration awards when a
question of material fact is raised, in connection with matters before the Federal Service Impasses
Panel, and to investigate representation petitions and conduct or supervise representation
elections.
</p><p>9. 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.
</p><p>10. Disclosure may be made to a Federal agency, in response to its request, in connection with
the hiring or retention of an employee, the issuance of a security clearance, the reporting of an
investigation of an employee, the letting of a contract, or the issuance of a license, grant, or
other benefit by the requesting agency, to the extent that the information is relevant and necessary
to the requesting agency's decision on the matter.
</p><p>11. Disclosure may be made to a Federal, State or local agency maintaining civil, criminal or
other relevant information such as current licenses, if necessary to obtain information relevant to
any agency decision concerning the hiring or retention of an employee, the issuance of a security
clearance, the letting of a contract, or the issuance of a license, grant or other health,
educational or welfare benefit.
</p><p>12. Disclosure of information may be made to the next-of-kin and/or the person(s) with whom the
patient has a meaningful relationship to the extent necessary and on a need-to-know basis consistent
with good medical-ethical practices.
</p><p>13. A record containing the name(s) and address(es) of present or former members of the armed
services and/or their dependents may be disclosed under certain circumstances to any criminal or
civil law enforcement governmental agency or instrumentality charged under applicable law with the
protection of the public's health or safety, if a qualified representative of such organization,
agency or instrumentality has made a standing written request that such name(s) or address(es) be
provided for a purpose authorized by law; provided that the record(s) will not be used for any
purpose other than that stated in the request and that organization, agency or instrumentality is
aware of the penalty provision of 38 U.S.C. 5701(f).
</p><p>14. VA may disclose on its own initiative any information in this system, except the names and
home addresses of veterans and their dependents, which is relevant to a suspected 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, 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. On its own initiative, VA may also disclose 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, rule or order issued pursuant thereto.
</p><p>15. VA may disclose information from this system to the Equal Employment Opportunity Commission
(EEOC) when requested 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 or regulation.
</p><p>16. VA may disclose information from this system to the Merit Systems Protection Board (MSPB), or
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 authorized by law.
</p><p>17. 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.
</p><p>18. 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.
</p></xhtmlContent></subsection>
<subsection type="policiesAndPractices"><xhtmlContent><p>Storage:</p>
<p>Records are maintained on paper, microfilm, magnetic tape, disk, or laser optical media. In
most cases, copies of back-up computer files are maintained at off-site locations.
</p></xhtmlContent></subsection>
<subsection type="retrievability"><xhtmlContent><p>Records are retrieved by name, social security number or other assigned identifiers of the
individuals on whom they are maintained.
</p></xhtmlContent></subsection>
<subsection type="safeguards"><xhtmlContent><p>1. Access to VA working and storage areas 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 facilities are protected from outside access by the Federal Protective Service or
other security personnel.
</p><p>2. Patient Advocate Tracking System (PATS) is a Web based application installed on central
computer systems in a data center at Falling Waters, WV. The systems are maintained by authorized
personnel. The end users access the application using the Web browser installed on their desktops.
Additionally, access to computer rooms at health care facilities is generally limited by appropriate
locking devices and restricted to authorized VA employees and vendor personnel. ADP peripheral
devices are placed in secure areas (areas that are locked or have limited access) or are otherwise
protected. Information in VistA may be accessed by authorized VA employees. Access to PATS
application and data in the application is controlled at two levels; the systems recognize
authorized employees by series of individually unique passwords/codes as a part of each data
message, and the employees are limited to only that information in the application which is needed
in the performance of their official duties. Information that is downloaded from PATS and maintained
on personal computers is afforded similar storage and access protections as the data that is
maintained in the original files. Access to information stored on automated storage media at other
VA locations is controlled by individually unique passwords/codes.
</p><p>3. Access to the Austin VA Data Processing Center is generally restricted to Center employees,
custodial personnel, Federal Protective Service and other security personnel. Access to computer
rooms is restricted to authorized operational personnel through electronic locking devices. All
other persons gaining access to computer rooms are escorted. Information stored in the computer may
be accessed by authorized VA employees at remote locations including VA health care facilities,
Information Systems Centers, VA Central Office, and Veteran Integrated Service Networks. Access is
controlled by individually unique passwords/codes which must be changed periodically by the
employee.
</p></xhtmlContent></subsection>
<subsection type="retentionAndDisposal"><xhtmlContent><p>Paper records and information stored on electronic storage media are maintained and disposed
of in accordance with Records Control Schedule 10-1, Section XLV, as authorized by the
National Archives and Records Administration of the United States.
</p></xhtmlContent></subsection>
<subsection type="systemManager"><xhtmlContent><p>Official responsible for policies and procedures; Director, National Veteran Service and
Advocacy Program, Department of Veterans Affairs, 810 Vermont Avenue, NW., Washington, DC 20420.
Officials maintaining the system are the Director at the facility where the individual were
associated.
</p></xhtmlContent></subsection>
<subsection type="notificationProcedure"><xhtmlContent><p>Individuals who wish to determine whether this system of records contains information about
them should contact the VA facility location at which they are or were employed or made or have
contact. Inquiries should include the person's full name, social security number, dates of
employment, date(s) of contact, and return address.
</p></xhtmlContent></subsection>
<subsection type="recordAccessProcedures"><xhtmlContent><p>Individuals seeking information regarding access to and contesting of records in this system
may write, call or visit the VA facility location where they are or were employed or made contact.
</p></xhtmlContent></subsection>
<subsection type="contestingRecordProcedures"><xhtmlContent><p>(<i>See</i> Record Access Procedures above.)
</p></xhtmlContent></subsection>
<subsection type="recordSourceCategories"><xhtmlContent><p>The patient, family members, and friends, employers or other third parties when otherwise
unobtainable from the patient or family; Patient Medical Records--VA (24VA136); private medical
facilities and healthcare professionals; State and local agencies; other Federal agencies; VISNs,
Veterans Benefits Administration automated record systems (including Veterans and Beneficiaries
Identification and Records Location Subsystem--VA (38VA23) and the Compensation, Pension,
Education and Rehabilitation Records--VA (58VA21/22); and various automated systems providing
clinical and managerial support at VA healthcare facilities.
</p></xhtmlContent></subsection></section>
<section id="101VA05" toc="yes">
<systemNumber>101VA05</systemNumber>
<subsection type="systemName">Professional Standards Board Action and Proficiency Rating Folder (Title 38)-VA
</subsection>
<subsection type="systemLocation"><xhtmlContent><p>Active records are maintained at the Department of Veterans Affairs (VA) Central Office, 810
Vermont Avenue, NW, Washington, DC 20420 and VA field facilities. Inactive records are retired to
the National Personnel Records Center, 111 Winnebago Street, St. Louis, MO 63118. When VA determines
that all or a portion of these records need to be maintained in a different location, e.g., VA
Central Office, such records are covered by this system.
</p></xhtmlContent></subsection>
<subsection type="categoriesOfIndividuals"><xhtmlContent><p>Current and former employees appointed under 38 U.S.C. 7306, 7401(1), 7401(3), and 7405,
except students, trainees, medical support personnel, and those appointed on a fee or without
compensation basis. This includes employees such as physicians, dentists, podiatrists, optometrists,
nurses, nurse anesthetists, physician assistants, expanded-function dental auxiliaries, certified
respiratory therapy technicians, registered respiratory therapists, licensed physical therapists,
licensed practical or vocational nurses, occupational therapists, and pharmacists. This system of
records does not cover applicants for positions covered by this system of records. Such individuals
are covered by the system of records entitled Applicants for Employment Under Title 38, USC-VA
(02VA135). It also does not cover the performance appraisals of Title 38 employees appointed under
38 U.S.C. 7306, facility Directors appointed under 38 U.S.C. 7401(1), or "hybrid" title 38 employees
appointed under 38 U.S.C. 7401(3) or 7405(a)(1)(B). The performance appraisals of these employees
are covered under the Employee Performance File System of Records (OPM/GOVT-2).
</p></xhtmlContent></subsection>
<subsection type="categoriesOfRecords"><xhtmlContent><p>All categories of records may include identifying information, such as name, date of birth,
Social Security number, service computation date, facility number, current position title, and the
employee's current grade, level, and step rate. Records in this system include:
</p><p>a. Copies of the employee's employment application, curriculum vitae, and transcripts of higher
education. The original documents are maintained in the General Personnel Records (Title 38)--
VA (76VA05).
</p><p>b. Board Actions (VA Form 2543) and recommendations/documentation associated with those actions.
The Title 38 personnel system utilizes a peer review process for making recommendations concerning
appointments, advancements, awards, promotion reconsideration, conversions from one type of Title 38
appointment to another, and other personnel actions. After receiving input from an employee's
supervisor, the appropriate Professional Standards Board (the employee's peers) makes
recommendations for consideration by appropriate management officials. The recommendations and
management action taken are recorded on the VA Form 2543. The VA Form 2543 documenting
recommendations and management actions taken because of a probationary review, separation based on
pre-employment suitability, or separation based on failure to meet required physical standards are
also included in this system of records. However, all supporting documents associated with the
actions in the preceding sentence are to be included in the records system 102VA05. This includes
notices of proposed action, materials relied on by VA to support the reason(s) for the action,
replies by employees, statements of witnesses, hearing notices, and other reports related to these
actions.
</p><p>c. Proficiency reports documenting the proficiency ratings of employees and any comments
associated with those proficiency reports.
</p><p>d. On-going, periodic assessments of an employee's education, experience, and training to ensure
they can effectively meet the requirements of their position (i.e., competency assessments and
associated documents).
</p></xhtmlContent></subsection>
<subsection type="authorityForMaintenance"><xhtmlContent><p>38 U.S.C. 501(a), 7304 and 7406(c)(1).
</p></xhtmlContent></subsection>
<subsection type="purpose"><xhtmlContent><p>This system is a repository for Professional Standards Board recommendations and the
information needed to make those recommendations (e.g., employment applications, transcripts of
higher education, and proficiency reports). It also contains a record of management actions taken
with respect to Professional Standards Board recommendations. The actions taken give legal force and
effect to personnel transactions and establish employee rights and benefits under pertinent laws and
regulations governing Federal employment. They also provide a basic source of factual data about a
person's VA employment. Records in this system assist Professional Standards Boards and others to
determine whether a variety of personnel actions are appropriate. They are also used to obtain
information needed to provide other personnel services.
</p></xhtmlContent></subsection>
<subsection type="routineUsesOfRecords"><xhtmlContent><p>1. To disclose information to government training facilities (Federal, State and local) and
to non-government training facilities (private vendors of training course or programs, private
schools, etc.) for training purposes.
</p><p>2. To disclose relevant information to third parties considering VA employees for awards or
recognition and to publicize information about such awards or recognition. This may include
disclosures to public and private organizations, including news media, which grant or publicize
employee awards or honors.
</p><p>3. To disclose information about incentive awards and other awards or honors granted by VA. This
may include disclosure to public and private organizations, including news media, which publicize
such recognition.
</p><p>4. To disclose the information listed in 5 U.S.C. 7114(b)(4) 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.
</p><p>5. VA may, on its own initiative, disclose relevant information to a Federal agency (including
Offices of the Inspector General), State, or local agency responsible for investigating,
prosecuting, enforcing, or implementing a statute, rule, or regulation if there is reason to believe
that a violation may have occurred. This routine use does not authorize disclosures in response to
requests for information for civil or criminal law enforcement activity purposes, nor does it
authorize disclosure of information in response to court orders. Such requests must meet the
requirements of 5 U.S.C. 552a(b)(7) or (b)(11), as applicable.
</p><p>6. To disclose pertinent information to any source when necessary to obtain information relevant
to a conflict-of-interest investigation or determination.
</p><p>7. To disclose information to any source from which additional information is requested (to the
extent necessary to identify the individual, inform the source of the purposes(s) of the request,
and to identify the type of information requested), when necessary to obtain information relevant to
an agency decision concerning the hiring or retention of an employee, the issuance of a security
clearance, the conducting of a security or suitability investigation of an individual, the letting
of a contract, or the issuance of a license, grant, or other benefit.
</p><p>8. To disclose 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, information in
connection with the hiring of an employee, the issuance of a security clearance, the conducting of a
security or suitability investigation of an individual, the letting of a contract, the issuance of a
license, grant or other benefit by the requesting agency, or the lawful statutory or administrative
purpose of the agency to the extent that the information is relevant and necessary to the requesting
agency's decision.
</p><p>9. To disclose relevant information to non-Federal agencies (i.e., State or local governments),
and private sector organizations, boards, bureaus, or commissions (e.g., the Joint Commission on
Accreditation of Healthcare Organizations) when such disclosures are required to obtain
accreditation or other approval ratings.
</p><p>10. To disclose information to the Office of Management and Budget 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.
</p><p>11. To provide information to a congressional office from the records of an individual in
response to an inquiry from the congressional office made at the request of the individual.
</p><p>12. VA may, on its own initiative, disclose information to another Federal agency, court, or
party in litigation before a court or other administrative proceeding conducted by a Federal agency,
if VA is a party to the proceeding and VA needs to disclose such information to protect its
interests.
</p><p>13. To disclose information to the National Archives and Records Administration (NARA) for
records management inspections conducted under authority of 44 U.S.C. 2904 and 2906.
</p><p>14. To disclose to persons engaged in research and survey projects information necessary to
locate individuals for personnel research or survey response, and to produce summary descriptive
statistics and analytical studies in support of the function for which the records are collected and
maintained, or for related workforce studies. While published statistics and studies do not contain
individual identifiers, in some instances, the selection of elements of data included in the study
may be structured in such a way as to make the date individually identifiable by inference.
</p><p>15. To provide an official of another Federal agency information needed in the performance of
official duties related to reconciling or reconstructing data files in support of the functions for
which the records were collected and maintained.
</p><p>16. When an individual to whom records pertain is mentally incompetent or under other legal
disability, information in the individual's records may be disclosed to any person or entity
responsible for managing the individual finances to the extent necessary to ensure payment of
benefits to which the individual is entitled.
</p><p>17. To disclose information to officials of the Merit Systems Protection Board or 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.
</p><p>18. To disclose information to the Equal Employment Opportunity Commission when requested in
connection with investigations of alleged or possible discriminatory practices, examination of
Federal affirmative employment programs, or for other functions of the Commission as authorized by
law.
</p><p>19. To disclose to the Federal Labor Relations Authority (including its General Counsel)
information related to the establishment of jurisdiction, the investigation and resolution of
allegations of unfair labor practices, or information in connection with the resolution of
exceptions to arbitration awards when a question of material fact is raised; to disclose information
in matters properly before the Federal Services Impasses Panel.
</p><p>20. Records from this system of records may be disclosed to a Federal, State, or local government
agency or licensing board and/or to the Federation of State Medical Boards or a similar non-
government entity. These entities maintain records concerning individuals' employment or practice
histories or concerning the issuance, retention, or revocation of licenses or registration necessary
to practice an occupation, profession, or specialty. Disclosures would be made for the Agency to
obtain information determined relevant to an Agency decision concerning the hiring, retention, or
termination of an employee. Disclosures may also be made to inform licensing boards or the
appropriate 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 practice as to raise reasonable concern for
the health and safety of patients.
</p><p>21. To disclose relevant information 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.
</p><p>22. To disclose relevant and necessary hiring, performance, or other personnel-related
information 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.
</p><p>23. Identifying information in this system, including name, Social Security number, and other
information as is reasonably necessary to identify such an individual, may be disclosed to the
National Practitioner Data Bank (NPDB) 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.
</p><p>24. Relevant information from this system of records may be disclosed to the NPDB or to a State
or local government licensing board which maintains records concerning the issuance, retention, or
revocation of licenses, certifications, or registrations necessary to practice an occupation,
profession, or specialty when under the following circumstances, through peer review process that is
undertaken pursuant to VA policy, negligence, professional incompetence, responsibility for improper
care, and/or professional misconduct has been assigned to a physician or licensed or certified
health care practitioner: (1) On any payment in settlement of (or partial settlement of, or in
satisfaction of) a judgement in a medical malpractice action or claim; or, (2) on any final decision
that adversely affects the clinical privileges of a physician or practitioner for a period of more
than 30 days.
</p><p>25. To disclose information to contractors, subcontractors, grantees, or others performing or
working on a contract, grant, or cooperative agreement for the Federal government, provided
disclosure is in the interest of the Government and the information to be disclosed is relevant and
necessary for accomplishing the intended uses of the information and necessary to perform services
under the contract, grant, or cooperative agreement.
</p><p>26. Information from this system of records will be disclosed to the Healthcare Integrity and
Protection Data Base as required by section 1122E of the Social Security Act (as added by Sec.
221(a) of Pub. L. 104-191) and the associated implementing regulations issued by the
Department of Health and Human Services, 45 CFR Part 61. For example, VA is required to report
adjudicated adverse personnel actions based on acts or omissions that either affected or could have
affected the delivery of health care services.
</p></xhtmlContent></subsection>
<subsection type="policiesAndPractices"><xhtmlContent><p>Storage:</p>
<p>These records may be maintained in file folders, on lists and forms, on microfilm or
microfiche, and in computer processable storage media.
</p></xhtmlContent></subsection>
<subsection type="retrievability"><xhtmlContent><p>These records may be retrieved using various combinations of name, birth date, Social
Security number, or identification number of the individual on whom they are maintained.
</p></xhtmlContent></subsection>
<subsection type="safeguards"><xhtmlContent><p>Access to areas where these records are maintained is restricted to VA employees,
contractors, or subcontractors 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. File areas are
locked after normal duty hours and are protected from outside access by VA police officers or other
types of alarm systems.
</p></xhtmlContent></subsection>
<subsection type="retentionAndDisposal"><xhtmlContent><p>The Professional Standards Board Action and Proficiency Rating Folder is maintained for the
period of the employee's service in VA and is then transferred with the Merged Records Personnel
Folder to the National Personnel Records Center (NPRC) for storage, or, as appropriate, to the next
employing Federal agency.
</p><p>a. VA maintains the Professional Standards Board Action and Proficiency Rating Folder as long as
VA employs the individual. Within 90 days after the individual separates from Federal employment,
the record is sent with the Merged Records Personnel Folder to the NPRC for long-term storage. The
records of retired employees or employees who die in service are sent to the Records Center within
120 days of the retirement or death.
</p><p>b. Records in this system must be maintained and disposed of in accordance with General Records
Schedule 1, VA Records Control Schedule 10-1, the Office of Personnel Management Guide to
Federal Recordkeeping, and the Memorandum of Understanding concerning this subject between VA, the
Office of Personnel Management, and National Archives and Records Administration.
</p></xhtmlContent></subsection>
<subsection type="systemManager"><xhtmlContent><p>Deputy Assistant Secretary for Human Resources Management (05), Department of Veterans
Affairs, 810 Vermont Avenue, NW, Washington, DC 20420.
</p></xhtmlContent></subsection>
<subsection type="notificationProcedure"><xhtmlContent><p>Individuals wishing to inquire whether this system of records contains information about
them should contact the appropriate office as follows:
</p><p>a. Non-VA Federal employees should contact the responsible office (as designated by their agency)
regarding records in this system. VA employees should contact the office responsible for human
resources management at their installation.
</p><p>b. Former Federal employees should contact the National Personnel Records Center (Civilian), 111
Winnebago Street, St. Louis, Missouri 63118, regarding the records in this system. Individuals must
furnish the following information so their records may be located and identified: full name(s), date
of birth, Social Security number, last employing agency (including duty station), approximate dates
of employment, and signature.
</p></xhtmlContent></subsection>
<subsection type="recordAccessProcedures"><xhtmlContent><p>(See Notification Procedure).
</p></xhtmlContent></subsection>
<subsection type="contestingRecordProcedures"><xhtmlContent><p>Current employees wishing to request amendment of their records should contact the office
responsible for human resources management at their current installation. Former employees should
contact the Deputy Assistant Secretary for Human Resources Management. (See System Manager and
Address.) Individuals must furnish the following information for their records to be located and
identified: Full name(s); date of birth; Social Security number; and signature. To facilitate
identification of records, former employees must also provide the name of their last Department of
Veterans Affairs facility and approximate dates of employment.
</p></xhtmlContent></subsection>
<subsection type="recordSourceCategories"><xhtmlContent><p>Employees, supervisors, managers, members of Professional Standards Boards, and other VA
officials provide the information in this system of records. Individuals or other entities outside
of VA may also provide relevant and necessary information. For example, organizations where the
subject previously worked may provide information.
</p></xhtmlContent></subsection></section>
<section id="102VA05" toc="yes">
<systemNumber>102VA05</systemNumber>
<subsection type="systemName">Agency-Initiated Personnel Actions (Title 38)-VA
</subsection>
<subsection type="systemLocation"><xhtmlContent><p>All records related to Disciplinary Appeals Boards are maintained at VA Central Office, 810
Vermont Avenue, NW, Washington, DC 20420. All other records in this system are maintained at the
Department of Veterans Affairs (VA) Central Office, 810 Vermont Avenue, NW, Washington, DC 20420
and/or VA field facilities.
</p></xhtmlContent></subsection>
<subsection type="categoriesOfIndividuals"><xhtmlContent><p>Current and former employees appointed under 38 U.S.C. 7306, 7401(1), or 7405(a)(1)(A),
except those appointed on a without compensation basis. This includes employees such as physicians,
dentists, podiatrists, optometrists, nurses, nurse anesthetists, physician assistants and expanded-
function dental auxiliaries.
</p></xhtmlContent></subsection>
<subsection type="categoriesOfRecords"><xhtmlContent><p>All categories of records may include identifying information, such as name, address, Social
Security number, current position title, employing facility, and the employee's current grade,
level, or step rate. This system contains supporting documentation related to processing actions
covered by this system of records. This includes, as appropriate, designations of board members and
employee representative, copies of the notice of proposed action, materials relied on by the Agency
to support the reasons in the notice, replies by the employee, statements of witnesses, hearing
notices, reports, related correspondence, and Agency decisions.
</p></xhtmlContent></subsection>
<subsection type="authorityForMaintenance"><xhtmlContent><p>37 U.S.C. 501(a), 7304, and 7406(c)(1).
</p></xhtmlContent></subsection>
<subsection type="purpose"><xhtmlContent><p>These records document the processing of disciplinary and adverse actions, disqualification
during probation, physical disqualification, agency-initiated disability retirements, and proposed
separations based on pre-employment suitability.
</p></xhtmlContent></subsection>
<subsection type="routineUsesOfRecords"><xhtmlContent><p>1. To disclose the information listed in 5 U.S.C. 7114(b)(4) 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.
</p><p>2. VA may, on its own initiative, disclose relevant information to a Federal agency (including
Offices of the Inspector General), State, or local agency responsible for investigating,
prosecuting, enforcing, or implementing a statute, rule, regulation if there is reason to believe
that a violation may have occurred. This routine use does not authorize disclosures in response to
requests for information for civil or criminal law enforcement activity purposes, nor does it
authorize disclosure of information in response to court orders. Such requests must meet the
requirements of 5 U.S.C. 552a(b)(7) or (b)(11), as applicable.
</p><p>3. To disclose pertinent information when necessary to obtain information relevant to a conflict-
of-interest investigation or determination.
</p><p>4. To disclose information to any source from which additional information is requested (to the
extent necessary to identify the individual, inform the source of the purposes(s) of the request,
and to identify the type of information requested), when necessary to obtain information relevant to
any agency decision concerning the hiring or retention of an employee, the issuance of security
clearance, the conducting of a security or suitability investigation of an individual, the letting
of a contract, or the issuance of a license, grant, or other benefit.
</p><p>5. To disclose 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, information in
connection with the hiring of an employee, the issuance of a security clearance, the conducting of a
security or suitability investigation of an individual, the letting of a contract, the issuance of
license, grant or other benefit by the requesting agency, or the lawful statutory or administrative
purpose of the agency to the extent that the information is relevant and necessary to the requesting
agency's decision.
</p><p>6. To disclose relevant information to Federal and non-Federal agencies (i.e., State or local
governments), and private sector organizations, boards, bureaus, or commissions (e.g., the Joint
Commission on Accreditation of Healthcare Organizations) when such disclosures are required to
obtain accreditation or other approval ratings.
</p><p>7. To provide information to a congressional office from the records of an individual in response
to an inquiry from the congressional office made at the request of the individual.
</p><p>8. VA may, on its own initiative, disclose information to another Federal agency, court, or party
in litigation before a court or other administrative proceeding conducted by a Federal agency, if VA
is a party to the proceeding and VA needs to disclose such information to protect its interests.
</p><p>9. To disclose information to the National Archives and Records Administration (NARA) for records
management inspections conducted under authority of 44 U.S.C. 2904 and 2906.
</p><p>10. To disclose to persons engaged in research and survey projects information necessary to
locate individuals for personnel research or survey response, and to produces summary descriptive
statistics and analytical studies in support to the function for which the records are collected and
maintained, or for related workforce studies. While published statistics and studies do not contain
individual identifiers, in some instances, the selection of elements of data included in the study
may be structured in such a way as to make the date individually identifiable by inference.
</p><p>11. To provide an official of another Federal agency information needed in the performance of
official duties related to reconciling or reconstructing data files in support of the functions for
which the records were collected and maintained.
</p><p>12. When an individual to whom records pertain is mentally incompetent or under other legal
disability, information in the individual's records may be disclosed to any person of entity
responsible for managing the individual finances to the extent necessary to ensure payment of
benefits to which the individual is entitled.
</p><p>13. To disclose to the VA-appointed representative of an employee all notices, determination,
decisions, or other written communications issues to the employee in connection with an examination
ordered by the VA under fitness-for-duty examination procedures or Agency-filed disability
retirement procedures.
</p><p>14. To disclose information to officials of the Merit Systems Protection Board or 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.
</p><p>15. To disclose information to the Equal Employment Opportunity Commission when requested in
connection with investigations of alleged or possible discriminatory practices, examination of
Federal affirmative employment programs, or for other functions of the Commission as authorized by
law.
</p><p>16. To disclose information to the Federal Labor Relations Authority (including its General
Counsel) when appropriate jurisdiction has been established and the information has been requested
in connection with the investigation and resolution of allegations of unfair labor practices, in
connection with the resolution of exceptions to arbitration awards when a question of material fact
is raised; to disclose information in matters properly before the Federal Service Impasses Panel.
</p><p>17. Records from this system or records may be disclosed to a Federal, State, or local government
agency or licensing board and/or to the Federation of State Medical Boards or a similar non-
government entity which maintains records concerning individuals' employment or practice histories
or concerning the issuance, retention, or revocation of licenses or registration necessary to
practice and occupation, profession or specialty, in order for the Agency to obtain information
determined relevant to an Agency decision concerning the hiring, retention or termination of an
employee or to inform licensing boards or the appropriate 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
practice as to raise reasonable concern for the health and safety of private section patients.
</p><p>18. To disclose relevant information 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.
</p><p>19. To disclose hiring, performance, or other personnel-related information to any facility with
which there is, or there is proposed to be, and affiliation, sharing agreement, contract, or similar
arrangement, for purposes of establishing maintaining, or expanding any such relationship.
</p><p>20. 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
Department of Health and Human Services or 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 the VA to obtain information relevant to a Department decision concerning
the hiring, privileging/reprivileging, retention, or termination of the applicant or employee.
</p><p>21. Relevant information from this system of records may be disclosed to the National
Practitioner Data Bank or to a State or local government licensing board which maintains records
concerning the issuance, retention, or revocation of licenses, certifications, or registrations
necessary to practice an occupation, profession, or specialty when under the following
circumstances, through peer review process that is undertaken pursuant to VA policy, negligence,
professional incompetence, responsibility for improper care, and/or professional misconduct has been
assigned to a physician or licenses or certified health care practitioner: (1) On any payment in
settlement (or partial settlement of, or in satisfaction of a judgement) in a medical malpractice
action or claim; or, (2) on any final decision that adversely affects the clinical privileges of a
physician or practitioner for a period or more than 30 days.
</p><p>22. To disclose information to contractors, subcontractors, grantees, or others performing or
working on a contract, grant, or cooperative agreement for the Federal government, provided
disclosure is in the interest of the Government and the information to be disclosed is relevant and
necessary for accomplishing the intended uses of the information and necessary to perform services
under the contract, grant or cooperative agreement.
</p><p>23. Information from this system of records will be disclosed to the Healthcare Integrity and
Protection Data Base as required by section 1122E of the Social Security Act (as addeded by Sec.
221(a) of Pub. L. 104-191) and the associated implementing regulations issued by the
Department of Health and Human Services, 45 CFR part 61. For example, VA is required to report
adjudicated adverse personnel actiosn based on acts or omissions that either affected or could have
affected the delivery of healthcare services.
</p></xhtmlContent></subsection>
<subsection type="policiesAndPractices"><xhtmlContent><p>Storage:</p>
<p>These records may be maintained in file folders and computer processable storage media. The
records may also be maintained on lists, forms, microfilm, microfiche, or audio-tape.
</p></xhtmlContent></subsection>
<subsection type="retrievability"><xhtmlContent><p>These records may be retrieved using various combinations of name, birth date, or
identification number of the individual on whom they are maintained.
</p></xhtmlContent></subsection>
<subsection type="safeguards"><xhtmlContent><p>Access to areas where these records are maintained is restricted to VA employees,
contractors, or subcontractors on a "need to know" basis; strict control measures are enforced to
ensure that disclosure to these individuals is also based on the same principle. File areas are
locked after normal duty hours and are protected from outside access by VA police officers or other
types of alarm systems.
</p></xhtmlContent></subsection>
<subsection type="retentionAndDisposal"><xhtmlContent><p>Records in this system are disposed of no sooner than 6 years after the closing of the case.
Disposal is by shredding and erasure of tapes or disks.
</p></xhtmlContent></subsection>
<subsection type="systemManager"><xhtmlContent><p>Deputy Assistant Secretary for Human Resources Management (05), Department of Veterans
Affairs, 810 Vermont Avenue, NW, Washington, DC 20420.
</p></xhtmlContent></subsection>
<subsection type="notificationProcedure"><xhtmlContent><p>Except as indicated below (see Record Access Procedures), individuals receiving notice of a
proposed action must be provided access to all documents supporting the notice. At any time
thereafter, individuals subject to the action will be provided access to the record (see Record
Access Procedures). Individuals should contact the human resources manager for the location where
the action was processed regarding the existence of such records on them. However, all inquiries
related to Disciplinary Appeals Boards should be directed to the Deputy Assistant Secretary for
Human Resources Management (see System Manager). Individuals must furnish the following information
for their records to be located and identified:
</p><p>a. Name.
</p><p>b. Date of birth.
</p><p>c. Approximate date of closing of the case and kind of action taken.
</p><p>d. If not the employee's current organization, the organizational component involved.
</p><p>Requests for access must be consistent with the Privacy act and VA regulations concerning the
release of information from Department of Veterans Affairs records other than claimant records. See
38 CFR 1.550, et seq.
</p></xhtmlContent></subsection>
<subsection type="recordAccessProcedures"><xhtmlContent><p>Individuals against whom such actions are taken must be provided access to the record.
However, after the action has been closed, individuals may request access to the official file by
contacting the human resources manager for the location where the action was processed. If the
action relates to a Disciplinary Appeals Board, the individual must request access from the Deputy
Assistant Secretary for Human Resources Management (see System Manager). Individuals must furnish
the following information for their records to be located and identified:
</p><p>a. Name.
</p><p>b. Date of birth.
</p><p>c. Approximate date of closing of the case and kind of action taken.
</p><p>d. If not the employee's current organization, the organizational component involved.
</p><p>Requests for access must be consistent with the Privacy Act and VA regulations concerning the
release of information from Department of Veterans Affairs records other than claimant records. See
38 CFR 1.550, et seq.
</p><p><b>Note 1:</b> When a request for access involves medical or psychological records that the
responsible individual believes require special handling, the requester should be advised that the
material will be provided only to a physician designated by the data subject. Upon receipt of the
designation and upon verification of the physician's identity, the records will be made available to
the physician, who will have full authority to disclose those records to the data subject when
appropriate.
</p></xhtmlContent></subsection>
<subsection type="contestingRecordProcedures"><xhtmlContent><p>Review of requests from individuals seeking amendment of their records that have or could
have been the subject of a judicial, quasi-judicial, or administrative action will be limited in
scope. Review of amendment request of these records will be restricted to determining if the records
accurately document the action on the case and will not include a review of the merits of the
action, determination, or finding. Individuals wishing to request amendment of their records to
correct factual errors should contact the human resources manager for the VA office where the action
was processed. In cases concerning Disciplinary Appeals Boards, individuals should contact the
Deputy Assistant Secretary for Human Resources Management (see System Manager) to request the
amendment. Individuals must furnish the following information for their records to be located and
identified:
</p><p>a. Name.
</p><p>b. Date of birth.
</p><p>c. Approximate date of closing of the case and kind of action taken.
</p><p>d. If not the individual's current organization, the organizational component involved.
</p></xhtmlContent></subsection>
<subsection type="recordSourceCategories"><xhtmlContent><p>Information in this system of records is provided:
</p><p>a. By supervisors and managers.
</p><p>b. By individual on whom the record is maintained.
</p><p>c. By Professional Standards Boards and Disciplinary Appeals Boards.
</p><p>d. By testimony of witnesses.
</p><p>e. By other agency officials.
</p><p>f. By other agency records.
</p><p>g. From related correspondence or persons.
</p></xhtmlContent></subsection></section>
<section id="103VA07B" toc="yes">
<systemNumber>103VA07B</systemNumber>
<subsection type="systemName">Police and Security Records--VA.
</subsection>
<subsection type="systemLocation"><xhtmlContent><p>VA Police personnel maintain electronic and paper records at VA field facilities and VA
Central Office, 810 Vermont Ave, NW., Washington, DC 20420. Address locations for VA facilities can
be found  at <i>http://www.va.gov.</i>
</p></xhtmlContent></subsection>
<subsection type="categoriesOfIndividuals"><xhtmlContent><p>Veterans, VA Police officers, U.S. government employees, retirees, contractors,
subcontractors, volunteers, and other individuals, including private citizens, who:
</p><p>1. Have been a complainant, a witness, a victim, or a subject of an investigation of a violation
or of an alleged violation of a law on VA property;
</p><p>2. Have been a witness or a victim when there has been a VA police response to a report of a
missing patient;
</p><p>3. Have been witness to, or involved in, a motor vehicle accident on VA property;
</p><p>4. Have been a witness, victim, or subject when there has been a VA police response to provide
assistance to VA employees;
</p><p>5. Have registered a motor vehicle with VA police;
</p><p>6. Have had property confiscated by VA police or whose property has been given to VA police for
safekeeping; or
</p><p>7. For whom a VA identification card has been prepared.
</p></xhtmlContent></subsection>
<subsection type="categoriesOfRecords"><xhtmlContent><p>Police and law enforcement records, containing specific identification of persons, can be
found in electronic and/or paper medium:
</p><p>1. Master Name Index contains demographic information (i.e., name, address, date of birth, sex)
and descriptive information such as height, weight, hair color, eye color, and scars or marks.
</p><p>2. Quick Name Check allows for the immediate retrieval of information based on a name from files
contained within the law enforcement records subject to this system of records notice.
</p><p>3. VA Police Uniform Offense Reports, Investigative Notes, Case Log, and other documentation
assembled during an investigation. Uniform Offense Reports contain information of all types of
offenses and incidents, criminal and non-criminal, that occur at a facility and to which VA Police
respond (e.g., criminal investigations, investigative stops, patient and staff assistance calls,
missing patient searches, and motor vehicle accidents).
</p><p>4. All violation information and copies of U.S. District Court Violation Notices and Courtesy
Warnings issued by VA Police.
</p><p>5. On-station vehicle registration records used for identifying vehicle owners at a facility.
</p><p>6. Records pertaining to individuals with outstanding warrants, summons, court commitments, or
other types of legal process.
</p><p>7. Daily Operations Journal records include names and other personal identifying information of
persons with whom VA police have had official, duty-related contact.
</p><p>8. VA Police officer training records.
</p><p>9. Photographs of any and all persons and/or scenes pertinent to an incident or investigation;
</p><p>10. Motor vehicle registrations;
</p><p>11. Identification cards with photographic images for veterans, U.S. government employees,
retirees, volunteers, contractors, subcontractors, or private citizens;
</p><p>12. Records of evidence, confiscated property, or property being held for safekeeping.
</p></xhtmlContent></subsection>
<subsection type="authorityForMaintenance"><xhtmlContent><p>Title 38 United States Code (U.S.C), Section 501 and Sections 901-905.
</p></xhtmlContent></subsection>
<subsection type="purpose"><xhtmlContent><p>The records and information contained in this system of records are necessary for the
effective administration and management of the Department's nationwide Security and Law Enforcement
Program. The collection and use of accurate, up-to-date data is necessary for the purpose of
enforcing the law and protecting persons and property on VA property. Examples: ID cards are used to
visibly identify employees, contractors, students, and other designated individuals from the general
public. ID cards also serve as a means of access control to a facility. Motor vehicle registration
records serve to accurately identify the owner of a vehicle and the suitability of its presence on
VA grounds. These records are also used for a VA facility's ride sharing program. Evidence or
confiscated property records are used to accurately track and record the chain of custody maintained
by the VA police.
</p></xhtmlContent></subsection>
<subsection type="routineUsesOfRecords"><xhtmlContent><p>1. The record of an individual who is covered by this system of records may be disclosed to
a Member of Congress, or a staff person acting for the Member, when the Member or staff person
requests the record on behalf of and at the written request of the individual.
</p><p>2. Disclosure may be made to the National Archives and Records Administration in records
management inspections conducted under the authority of Title 44 U.S.C.
</p><p>3. 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 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
that is compatible with the purpose for which VA collected the records.
</p><p>4. 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 sub-contractor to perform the services of the
contract or agreement.
</p><p>5. 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.
</p><p>6. 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.
</p><p>7. 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 Title 38
U.S.C. 5724, as the terms are defined in Title 38 U.S.C. 5727.
</p><p>8. Disclosure may be made to the DoJ 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, Title 28 United
States Code, Section 2672.
</p><p>9. 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 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.
</p><p>10. Information in this system regarding traffic accidents may be disclosed to private insurance
companies for use in determining payment of a claim under a policy.
</p><p>11. To assist attorneys in representing their clients, any information in this system may be
disclosed to attorneys representing veterans, U.S. government employees, retirees, volunteers,
contractors, subcontractors, or private citizens being investigated and prosecuted for violating the
law, except where VA has decided release is inappropriate under Title 5 United States Code, Section
552a(j) and (k).
</p><p>12. Disclosure of information to the Federal Labor Relations Authority (including its General
Counsel) when requested in connection with the investigation and resolution of allegations of unfair
labor practices; in connection with the resolution of exceptions to arbitrator awards when a
question of material fact is raised; in connection with matters before the Federal Service Impasses
Panel; and to investigate representation petitions and conduct or supervise representation
elections.
</p><p>13. 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.
</p><p>14. Information may be disclosed to officials of the Merit Systems Protection Board, and 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 Title 5 United
States Code, Sections 1205 and 1206, or as may be authorized by law.
</p><p>15. Disclosure may be made 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.
</p></xhtmlContent></subsection>
<subsection type="policiesAndPractices"><xhtmlContent><p>Storage:</p>
<p>VA Police Services maintain electronic and paper records at each VA facility and VA Central
Office.
</p></xhtmlContent></subsection>
<subsection type="retrievability"><xhtmlContent><p>Information is retrieved by name or personal identifier of partial or full social security
number.
</p></xhtmlContent></subsection>
<subsection type="safeguards"><xhtmlContent><p>Access to working areas where information is maintained in VA facilities and VA Central
Office is controlled and restricted to VA employees and VA contractors on a need-to-know basis.
Paper document files are locked in a secure container when files are not being used and when work
area is not occupied. VA facilities are protected from outside access after normal duty hours by
police or security personnel. Access to information on electronic media is controlled by
individually unique passwords and codes. Computer access authorizations, computer applications
available and used, information access attempts, frequency and time of use are recorded and
monitored.
</p></xhtmlContent></subsection>
<subsection type="retentionAndDisposal"><xhtmlContent><p>Records will be maintained and disposed of in accordance with the records disposition
authority approved by the Archivist of the United States.
</p></xhtmlContent></subsection>
<subsection type="systemManager"><xhtmlContent><p>Director, Police Service (07B), 810 Vermont Avenue, NW.,
Washington, DC 20420.
</p></xhtmlContent></subsection>
<subsection type="notificationProcedure"><xhtmlContent><p>An individual who wishes to determine whether a record is being maintained 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 VA facility where the records are located. Addresses of VA
facilities may be found at <i>http://www.va.gov.</i> A majority of records in this system are exempt
from record access and amendment provisions of Title 5 U.S.C., Sections 552a(j) and (k). To the
extent that records in this system are not subject to exemption, individuals may request access
and/or amendment. A determination as to whether an exemption applies shall be made at the time a
request for access or contest is received.
</p></xhtmlContent></subsection>
<subsection type="recordAccessProcedures"><xhtmlContent><p>Individuals seeking information regarding access to and amendment of records in this system
may write, call or visit the VA facility where the records are maintained.
</p></xhtmlContent></subsection>
<subsection type="contestingRecordProcedures"><xhtmlContent><p>(<i>See</i> Record Access Procedure above)
</p></xhtmlContent></subsection>
<subsection type="recordSourceCategories"><xhtmlContent><p>Information is obtained from veterans, VA police officers, U.S. government employees,
retirees, volunteers, contractors, subcontractors, other law enforcement agencies, and private
citizens.
</p></xhtmlContent></subsection>
<subsection type="systemsExempted"><xhtmlContent><p>Under Title 5 U.S.C., Section 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 function of the Police Service is to provide for the maintenance
of law and order and the protection of persons and property on Department property. This system of
records has been created, in major part, to support the law enforcement related activities assigned
by the Department under the authority of Title 38 U.S.C., Section 901 to the Police Service. These
activities constitute the principal function of this staff.
</p><p>In addition to principal functions pertaining to the enforcement of criminal laws, the Police
Service may receive and investigate complaints or information from various sources concerning the
possible existence of activities constituting noncriminal violations of law, rules, or regulations
or substantial and specific danger to the public and safety.
</p><p>Based upon the foregoing, the Secretary of Veterans Affairs (VA) has exempted this system of
records, to the extent that it encompasses information pertaining to criminal law enforcement
related activities from the following provisions of the Privacy Act of 1974, as permitted by 5
U.S.C. 552a(j)(2):
</p><p>5 U.S.C. 552a(c)(3) and (4).
</p><p>5 U.S.C. 552a(d)(1) through (4).
</p><p>5 U.S.C. 552a(e)(1), (2) and (3).
</p><p>5 U.S.C. 552a(e)(4)(G), (H) and (I).
</p><p>5 U.S.C. 552a(e)(5) and (8).
</p><p>5 U.S.C. 552a(f).
</p><p>5 U.S.C. 552a(g).
</p><p>The Secretary of Veterans Affairs has exempted this system of records, to the extent that it does
not encompass information pertaining to criminal law enforcement 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):
</p><p>5 U.S.C. 552a(c)(3).
</p><p>5 U.S.C. 552a(d)(1) through (4).
</p><p>5 U.S.C. 552a(e)(1).
</p><p>5 U.S.C. 552a(e)(4)(G), (H) and (I).
</p><p>5 U.S.C. 552a(f).
</p><p>Reasons for exemptions: The exemption of information and material in this system of records is
necessary in order to accomplish the law enforcement functions of the Police Service, to prevent
subjects of investigations from frustrating the investigatory process, to prevent the disclosure of
investigative techniques, to fulfill commitments made to protect the confidentiality of sources, to
maintain access to sources of information, and to avoid endangering these sources and Police
personnel.
</p></xhtmlContent></subsection></section>
<section id="105VA131" toc="yes">
<systemNumber>105VA131</systemNumber>
<subsection type="systemName">Agent Orange Registry-VA
</subsection>
<subsection type="systemLocation"><xhtmlContent><p>Character-based data from Agent Orange Registry (AOR) Code Sheets are maintained in a
registry dataset at the Austin Automation Center (AAC), 1615 Woodward Street, Austin, Texas 78772.
Since the data set at the AAC is not all-inclusive, i.e., narratives, signatures, etc., noted on the
code sheets are not entered into this system, images of the code sheets are maintained at the
Department of Veterans Affairs, Environmental Agents Service (131), 810 Vermont Avenue, NW.,
Washington, DC 20420. These are electronic images of paper records, i.e., code sheets, medical
records, questionnaires and correspondence that are stored on optical disks.
</p><p>The secure web-based data entry system is maintained by the AAC and provides retrievable images
to users. The optical disk system is currently being utilized where there is no access to the secure
web-based system. However, the optical disk system is scheduled to be discontinued in 2004 and all
access to the AOR system will be through the secure web-based data entry system.
</p></xhtmlContent></subsection>
<subsection type="categoriesOfIndividuals"><xhtmlContent><p>Veterans who may have been exposed to dioxin or other toxic substance in a herbicide or
defoliant during:
</p><p>1. Active military service in the Republic of Vietnam between 1962 and 1975,
</p><p>2. The Republic of Korea between 1968 and 1969,
</p><p>3. The conduct of or as a result of testing, transporting or spraying herbicides for military
purposes, and
</p><p>4. Have had an AOR examination at a Department of Veterans Affairs (VA) medical facility.
</p></xhtmlContent></subsection>
<subsection type="categoriesOfRecords"><xhtmlContent><p>These records may contain the following information: Code sheet records recording VA
facility code identifier where the veteran was examined or treated; veteran's name; address; social
security number; military service serial number; claim number; date of birth; race/ethnicity;
marital status; sex; branch of service; periods of service; areas of service in Vietnam; list of
military units where veteran served; method of exposure to herbicides; veteran's self-assessment of
health; date of registry examination; veteran's complaints/symptoms; reported birth defects among
veteran's children; consultations; diagnoses; disposition (hospitalized, referred for outpatient
treatment, etc.) and name and signature of examiner/clinician coordinator, when available.
</p></xhtmlContent></subsection>
<subsection type="authorityForMaintenance"><xhtmlContent><p>Title 38, United States Code (U.S.C.) 1710(e)(1)(B) and 1720E.
</p></xhtmlContent></subsection>
<subsection type="purpose"><xhtmlContent><p>The purpose of this AOR system of records is to provide information about: Veterans who have
had an AOR examination at a VA facility; to assist in generating hypotheses for research studies;
provide management with the capability to track patient demographics; reported birth defects among
veterans' children; dioxin-related diseases; planning and delivery of health care services and
associated costs; and with relation to claims for compensation which may assist in the adjudication
of claims possibly related to herbicide exposure although more comprehensive medical records are
required for evaluation of subject claims.
</p></xhtmlContent></subsection>
<subsection type="routineUsesOfRecords"><xhtmlContent><p>VA may disclose protected health information pursuant to the following routine uses where
required by law, or required or permitted by 45 CFR parts 160 and 164.
</p><p>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 record
on behalf of, and at the written request of, that individual.
</p><p>2. Disclosure of records covered by this system, as deemed necessary and proper to named
individuals serving as accredited service organization representatives, and other individuals named
as approved agents or attorneys for a documented purpose and period of time, to aid beneficiaries in
the preparation and presentation of their cases during the verification and/or due process
procedures, and in the presentation and prosecution of claims under laws administered by VA.
</p><p>3. A record containing the name(s) and address(es) of present or former members of the armed
services and/or their dependents may be released from this system of records under certain
circumstances:
</p><p>(a) To any nonprofit organization if the release is directly connected with the conduct of
programs and the utilization of benefits under Title 38, and
</p><p>(b) To any criminal or civil law enforcement 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(s) or
address(es) be provided for a purpose authorized by law; provided, further, that the record(s) will
not be used for any purpose other than that stated in the request and that the organization, agency
or instrumentality is aware of the penalty provision of 38 U.S.C. 5701(f).
</p><p>4. Disclosure may be made to the National Archives and Record Administration (NARA) in records
management inspections conducted under authority of 44 U.S.C.
</p><p>5. Disclosure of information, excluding name and address (unless name and address is furnished by
the requestor) for research purposes determined to be necessary and proper, to epidemiological and
other research facilities approved by the Under Secretary for Health.
</p><p>6. In order to conduct Federal research necessary to accomplish a statutory purpose of an agency,
at the written request of the head of the agency, or designee of the head of that agency, the
name(s) and address(es) of present or former personnel or the Armed Services and/or their dependents
may be disclosed
</p><p>(a) To a Federal department or agency, or
</p><p>(b) Directly to a contractor of a Federal department or agency. When a disclosure of this
information is to be made directly to the contractor, VA may impose applicable conditions on the
department, agency, and/or contractor to insure the appropriateness of the disclosure to the
contractor.
</p><p>7. VA may disclose on its own initiative any information in this system, except the names and
home addresses of veterans and their dependents, which is relevant to a suspected 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, 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. On its own initiative, VA may also disclose 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, rule or order issued pursuant thereto.
</p><p>8. For program review purposes and the seeking of accreditation and/or certification, disclosure
may be made to survey teams of the Joint Commission on Accreditation of Healthcare Organizations
(JCAHO), College of American Pathologists, American Association of Blood Banks, and similar national
accreditation agencies or boards with whom VA has a contract or agreement to conduct such reviews,
but only to the extent that the information is necessary and relevant to the review.
</p><p>9. Records from this system of records may be disclosed to the Department of Justice (DOJ) or in
a proceeding before a court, adjudicative body, or other administrative body before which the
Department is authorized to appear when: (a) The Department, or any component thereof; or (b) any
employee of the Department in his or her official capacity where the DOJ or the Department has
agreed to represent the employee; or (c) the U.S., when the Department determines that litigation is
likely to affect the Department or any of its components; is a party to litigation, and has an
interest in such litigation, and the use of such records by the DOJ or the Department is deemed by
the Department to be relevant and necessary to the litigation provided, however, that the disclosure
is compatible with the purpose for which the records were collected.
</p><p>10. 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.
</p><p>11. 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.
</p></xhtmlContent></subsection>
<subsection type="policiesAndPractices"><xhtmlContent><p>Storage:</p>
<p>In 2003, the data collection process moved to a secure web-based system. Data previously
recorded manually and converted to electronic format is now input through the secure VA Intranet
system. Data is stored on a web server hosted by the AAC and is retrievable by the facility. Three
levels of access are provided for the data that is input, using password security linked to the AAC
Top Secret Security system, with mandated changes every 90 days. Data from individual facilities is
uploaded nightly and stored on Direct Access Storage Devices at the AAC, Austin, Texas, and on
optical disks at VA Central Office, Washington, DC. AAC stores registry tapes for disaster back up
at an off-site location. VA Central Office also has back-up optical disks stored off-site. In
addition to electronic data, registry reports are maintained on paper documents and microfiche.
</p><p>The optical disk system is currently being utilized where there is no access to the secure web-
based system. The optical disk system is scheduled to be discontinued in 2004 and all access to the
AOR system will be through the secure web-based data entry system. Records will be maintained and
disposed of in accordance with records disposition authority approved by the Archivist of the United
States.
</p></xhtmlContent></subsection>
<subsection type="retrievability"><xhtmlContent><p>Records are retrieved by name of veteran and social security number.
</p></xhtmlContent></subsection>
<subsection type="safeguards"><xhtmlContent><p>Access to records at VA Central Office is only authorized to VA personnel on a "need to
know" basis. Records are maintained in manned rooms during working hours. During non-working hours,
there is limited access to the building with visitor control by security personnel. Registry data
maintained at the AAC can only be updated by authorized AAC personnel.
</p><p>Data is securely located behind the VA firewall and only accessible from the VA Local Area
Network (LAN) through the VA Intranet. Read access to the data is granted through a
telecommunications network to authorized VA Central Office staff. AAC reports are also accessible
through a telecommunications network on a read-only basis to the owner (VA facility) of the data.
Access is limited to authorized employees by individually unique access codes which are changed
periodically.
</p><p>Physical access to the AAC is generally restricted to AAC staff, VA Central Office staff,
custodial personnel, Federal Protective Service and authorized operational personnel through
electronic locking devices. All other persons gaining access to the computer rooms are escorted.
Backup records stored off-site for both the AAC and VA Central Office are safeguarded in secured
storage areas. A disaster recovery plan is in place and system recovery is tested at an off-site
facility in accordance with established schedules.
</p></xhtmlContent></subsection>
<subsection type="retentionAndDisposal"><xhtmlContent><p>Records will be maintained and disposed of in accordance with records disposition authority
approved by the Archivist of the United States.
</p></xhtmlContent></subsection>
<subsection type="systemManager"><xhtmlContent><p>Director, Environmental Agents Service (131), Office of Public Health and Environmental
Hazards, (clinical issues) and Management/Program Analyst, Environmental Agents Service (131)
(administrative issues), VA Central Office, 810 Vermont Avenue, NW., Washington, DC 20420.
</p></xhtmlContent></subsection>
<subsection type="notificationProcedure"><xhtmlContent><p>An 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
record, should submit a written request or apply in person to the last VA facility where medical
care was provided or submit a written request to the Director, Environmental Agents Service (131),
Office of Public Health and Environmental Hazards or the Management/Program Analyst, Environmental
Agents Service (131), VA Central Office, 810 Vermont Avenue, NW., Washington, DC 20420. Inquiries
should include the veteran's name, social security number and return address.
</p></xhtmlContent></subsection>
<subsection type="recordAccessProcedures"><xhtmlContent><p>An individual who seeks access to records maintained under his or her name may write or
visit the nearest VA facility or write to the Director, Environmental Agents Service (131) or the
Management/Program Analyst, Environmental Agents Service (131), VA Central Office, 810 Vermont
Avenue, NW., Washington, DC 20420.
</p></xhtmlContent></subsection>
<subsection type="contestingRecordProcedures"><xhtmlContent><p>Refer to previous item "Record Access Procedures."
</p></xhtmlContent></subsection>
<subsection type="recordSourceCategories"><xhtmlContent><p>VA patient medical records, various automated record systems providing clinical and
managerial support to VA health care facilities, the veteran, family members, and records from the
Veterans Benefits Administration, Department of Defense, Department of the Army, Department of the
Air Force, Department of the Navy and other Federal agencies.
</p></xhtmlContent></subsection></section>
<section id="106VA17" toc="yes">
<systemNumber>106VA17</systemNumber>
<subsection type="systemName">Compliance Records, Response, and Resolution of Reports of Persons Allegedly Involved in
Compliance Violations-VA
</subsection>
<subsection type="systemLocation"><xhtmlContent><p>All computerized and paper records are located at: Department of Veterans Affairs (VA)
Headquarters, 810 Vermont Avenue, NW, Washington, DC 20420; Veterans Integrated Services Networks
(VISN); and, VA health care facilities. Address locations for VA facilities are listed in VA
Appendix 1 of the biennial publication of the Privacy Act Issuances.
</p></xhtmlContent></subsection>
<subsection type="categoriesOfIndividuals"><xhtmlContent><p>The following categories of individuals will be covered by the system: (1) Employees, (2)
veterans, (3) third parties such as contractors who conduct official business with the Veterans
Health Administration (VHA), and (4) subjects of complaints and complainants. Complainants are
individuals who have reported a possible violation of law, rules, policies, regulations, or external
program requirements, such as third-party payor billing guidelines.
</p></xhtmlContent></subsection>
<subsection type="categoriesOfRecords"><xhtmlContent><p>Records (or information contained in records) in this system include allegations made by
individuals calling VHA's Compliance Line, or through another source, to report a possible violation
of law, rules, policies, regulations, or external program requirements such as third-party payor
billing guidelines. Records also may contain reports of the reviews or investigations conducted at
the medical center, VISN, or Headquarters level to verify the reported allegations and take remedial
action as needed. The VHA Compliance Office will maintain a copy of these reports. Information in
this system regarding reports of suspected non-compliance may include: (1) The name, home and work
address and phone number of the complainant; (2) the name of the subject of the complaint; (3) the
name and/or patient number of veteran patient who received services associated with the complaint;
(4) the date when the allegation was reported; (5) the date, location and nature of the alleged
wrongdoing; and (6) the Compliance Office's identification number assigned to the case. The records
may also include correspondence between the Compliance Office and the Compliance Line contractor as
to the status of each case (open or closed).
</p><p>Information in the investigation records may include: (1) The name of the subject of an
investigation; (2) the names of individuals whose work was reviewed as part of the investigation;
(3) the names and/or patient numbers of veteran patients whose medical records were reviewed in
order to investigate the allegation; (4) the station at which an investigation took place; (5) the
time period when the investigation took place; (6) the nature of the allegation; (7) the outcome of
the investigation; (8) the recommended action; and, (9) the Compliance Office's identification
number assigned to the case. Information may be in the form of a narrative summary or synopsis,
exhibits, or internal documentation and memoranda.
</p><p>Records in the system will be a combination of computerized files and paper files. Both paper and
electronic records may contain the information listed above, and may relate to complainants and
subjects of complaints.
</p></xhtmlContent></subsection>
<subsection type="authorityForMaintenance"><xhtmlContent><p>Title 38 United States Code, section 501.
</p></xhtmlContent></subsection>
<subsection type="purpose"><xhtmlContent><p>The purpose is to establish a process to receive reports of suspected compliance violations,
and to maintain a system to respond to such allegations.
</p></xhtmlContent></subsection>
<subsection type="routineUsesOfRecords"><xhtmlContent><p>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.
</p><p>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.
</p><p>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.
</p><p>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 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.
</p><p>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.
</p><p>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.
</p><p>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.
</p><p>8. Any information in this system may be disclosed to the U.S. 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.
</p><p>9. 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 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.
</p><p>10. 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 non-
government 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 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
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.
</p><p>11. Relevant information from this system of records related to final adverse actions taken
against a health care provider, supplier, or practitioner may be disclosed to the Health Integrity
and Protection Data Bank (HIPDB) (45 CFR part 61). The information to be reported includes: (1) The
name and Taxpayer Identification Number (as defined in section 7701 (a)(41) of the Internal Revenue
Code of 1986) of any health care provider, supplier, or practitioner who is the subject of a final
adverse action; (2) the name of any health care entity, if known, with which a health care provider,
supplier, or practitioner, who is the subject of a final adverse action, is affiliated or
associated; (3) the nature of the final adverse action and whether such action is on appeal; and (4)
a description of the acts or omissions and injuries upon which the final adverse action was based,
and such other information as the Secretary, Department of Health and Human Services, determines by
regulation is required for appropriate interpretation of information reported. Information reported
will be considered confidential and shall not be disclosed except as specified in the HIPDB
regulations.
</p><p>12. Disclosure of relevant information may be made to individuals, organizations, private or
public agencies, etc., with whom VA has a contract or agreement 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.
</p><p>13. For program review purposes and the seeking of accreditation and/or certification, disclosure
may be made to survey teams of the Joint Commission on Accreditation of Healthcare Organizations
(JCAHO), College of American Pathologists, American Association of Blood Banks, and similar national
accreditation agencies or boards with which VA has a contract or agreement to conduct such reviews
but only to the extent that the information is necessary and relevant to the review.
</p><p>14. Disclosure may be made to the National Archives and Records Administration (NARA) in records
management inspections conducted under authority of Title 44 United States Code.
</p></xhtmlContent></subsection>
<subsection type="policiesAndPractices"><xhtmlContent><p>Storage:</p>
<p>All reports of suspected noncompliance will be documented in a computerized database and
assigned a unique identification number. Paper files may also be maintained which contain documents
collected in association with reviewing the case, such as memoranda, policies, or examples of work
produced as a result of the complaint.
</p></xhtmlContent></subsection>
<subsection type="retrievability"><xhtmlContent><p>Both electronic and paper case files will be stored and individually retrieved by the unique
identification number, not by name.
</p></xhtmlContent></subsection>
<subsection type="safeguards"><xhtmlContent><p>Access to computerized information in the database is restricted to authorized personnel on
a need-to-know basis by means of passwords and authorized user identification codes. Computer system
documentation will be maintained in a secure environment in the VHA Office of the Chief Financial
Officer (CFO) Compliance Office, and in the Compliance Offices at the network and medical center
locations. Physical access to printouts and data terminals will be limited to authorized personnel
in the Compliance Program.
</p><p>Access to file folders is restricted to authorized personnel on a need-to-know basis. Paper files
are maintained in file cabinets or closets and are locked after duty hours. These files are under
the control of the Compliance Officer or his/her designees. Buildings are protected from
unauthorized access by a protective service.
</p></xhtmlContent></subsection>
<subsection type="retentionAndDisposal"><xhtmlContent><p>Computerized records will be retained indefinitely. Periodic system back-ups will be
employed for record protection. If disk space is limited, the records will be archived to tape or
disk in accordance with established practice. Paper records will be maintained and disposed of in
accordance with records disposition authority approved by the Archivist of the United States.
</p></xhtmlContent></subsection>
<subsection type="systemManager"><xhtmlContent><p>VHA Chief Financial Officer (17), Department of Veterans Affairs, 810 Vermont Avenue, NW.,
Washington, DC 20420.
</p></xhtmlContent></subsection>
<subsection type="notificationProcedure"><xhtmlContent><p>An individual who wishes to know if a record is being maintained by the VHA CFO Compliance
Office under his or her name in this system or wants to determine the contents of such records
should submit a written request or apply in person to the VHA CFO (17).
</p></xhtmlContent></subsection>
<subsection type="recordAccessProcedures"><xhtmlContent><p>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 VHA CFO (17).
</p></xhtmlContent></subsection>
<subsection type="contestingRecordProcedures"><xhtmlContent><p>(See Record Access Procedures above.)
</p></xhtmlContent></subsection>
<subsection type="recordSourceCategories"><xhtmlContent><p>The information in this system will be obtained from calls that are received on the
Compliance Line and reports received through other sources. Information is obtained from VHA
employees, veterans, third parties such as contractors, and VHA records which may include billing
data, patient medical records, policies and procedures, and memoranda.
</p></xhtmlContent></subsection></section>
<section id="107VA008B" toc="yes">
<systemNumber>107VA008B</systemNumber>
<subsection type="systemName">Health Program Evaluation-VA
</subsection>
<subsection type="systemLocation"><xhtmlContent><p>The system of records is located in office of the Director, Office of Data Development and
Analysis, (008A3), U.S. Department of Veterans Affairs, 810 Vermont Avenue, NW., Washington, DC
20420. Records are stored on a secured server computer at the VA Austin Automation Center, 1615
Woodward Street, Austin, Texas 78722. Records not stored at the VA Austin Automation Center are
stored on electronic media or laser optical media in a combination-protected safe which is secured
inside a key-accessed room at the U.S. Department of Veterans Affairs, 810 Vermont Avenue, NW.,
Washington, DC, 20420. Records necessary for a contractor to perform analyses under a contract are
located at the respective contractor's secure facility.
</p></xhtmlContent></subsection>
<subsection type="categoriesOfIndividuals"><xhtmlContent><p>1. Veterans who have applied for healthcare services or benefits under Title 38, United
States Code.
</p><p>2. Veterans' spouse, surviving spouse, previous spouse, children, and parents who have applied
for healthcare services or benefits under Title 38, United States Code.
</p><p>3. Beneficiaries of other Federal agencies or other governmental entities.
</p><p>4. Individuals examined or treated under contract or resource sharing agreements.
</p><p>5. Individuals examined or treated for research or donor purposes.
</p><p>6. Individuals who have applied for Title 38 benefits but who do not meet the requirements under
Title 38 to receive such benefits.
</p><p>7. Individual who were provided medical care under emergency conditions for humanitarian reasons.
</p><p>8. Pensioned members of allied forces provided healthcare services under Title 38, United States
Code.
</p></xhtmlContent></subsection>
<subsection type="categoriesOfRecords"><xhtmlContent><p>Records include identification numbers, contact and location information, demographic
information, military service descriptions, residency characteristics, economic information,
healthcare visit descriptions, patient assessments, medical test descriptions and results,
diagnoses, disability assessments, treatments, pharmaceutical information, service utilization and
associated medical staffing and resource costs, entitlements or benefits, patient survey results,
and health status. The records include information created or collected during the course of normal
clinical operations work and is provided by patients, employers, students, volunteers, contactors,
subcontractors, and consultants. In addition, records also include social security numbers, military
service numbers, claim or file numbers, and DoD's identification numbers.
</p></xhtmlContent></subsection>
<subsection type="authorityForMaintenance"><xhtmlContent><p>38 U.S.C 527.
</p></xhtmlContent></subsection>
<subsection type="purpose"><xhtmlContent><p>Health-related qualitative, quantitative, and actuarial analyses and projections to support
policy analyses and recommendations to improve VA services for veterans and their families. Analysis
and review of
policy and long-term planning issues affecting veterans programs to support legislative, regulatory
and policy recommendations and initiatives.
</p></xhtmlContent></subsection>
<subsection type="routineUsesOfRecords"><xhtmlContent><p>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, 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, or both, that information cannot be disclosed under
a 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.
</p><p>1. Any system records 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.
</p><p>2. Any system records disclosure may be made to the National Archives and Records Administration
as required in records management inspections under title 44 U.S.C.
</p><p>3. Any system records may be disclosed to a Federal agency for the conduct of research and data
analysis to perform a statutory purpose of that Federal agency upon the prior written request of
that agency, provided that there is legal authority under all applicable confidentiality statutes
and regulations to provide the data and OPP has determined prior to the disclosure that OPP data
handling requirements are satisfied. OPP may disclose limited individual identification information
to another Federal agency for the purpose of matching and acquiring information held by that agency
for OPP to use for the purposes stated for this system of records.
</p><p>4. Any system records may be disclosed to individuals, organizations, private or public agencies,
or other entities or individuals with whom VA has a contract or agreement to perform such services
as VA may deem practicable for the purposes of laws administered by VA, in order for the contractor,
subcontractor, public or private agency, or other entity or individual with whom VA has an agreement
or contract to perform the services of the contract or agreement. This routine use includes
disclosures by the individual or entity performing the service for VA to any secondary entity or
individual to perform an activity that is necessary for individuals, organizations, private or
public agencies, or other entities or individuals with whom VA has a contract or agreement to
provide the service to VA.
</p><p>5. Any system records may be disclosed to the Office of Management and Budget in order for them
to perform their statutory responsibilities of evaluating Federal programs.
</p><p>6. Any records may be disclosed to appropriate agencies, entities, and persons under the
following circumstances: When (1) it is suspected or confirmed that the security 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 or integrity of this system or other systems or programs (whether maintained
by the Department or another agency or entity) that rely upon the compromised information; and (3)
the disclosure is made to such agencies, entities, and persons who are reasonably necessary to
assist in connection with the Department's efforts to respond to the suspected or confirmed
compromise and prevent, minimize, or remedy such harm.
</p><p>7. VA may disclose information in this system of records to the Department of Justice, 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 disclosure of the records to the
Department of Justice 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.
</p><p>In determining whether to disclose records under this routine use, VA will comply with the
guidance promulgated by the Office of Management and Budget in a May 24, 1985, memorandum entitled
ldquo;Privacy Act Guidancemdash;Updaterdquo;, currently posted at <i>
http://www.whitehouse.gov/omb/inforeg/guidance1985.pdf.</i>
</p><p>8. VA may disclose on its own initiative any information in this system, except the names and
home addresses of veterans and their dependents, which is relevant to a suspected 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, 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. On its own initiative, VA may also disclose 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, rule or order issued pursuant thereto.
</p></xhtmlContent></subsection>
<subsection type="policiesAndPractices"><xhtmlContent><p>Storage:</p>
<p>VA sensitive information, including individually identifiable health information, is stored
on electronic media, laser optical media, on a segregated secure server or in paper form. Data
stored on a secure server are located at the Austin Automation Center. Electronic media, or laser
optical media data are kept locked in a safe when not in immediate use. The safe is secured inside a
key-accessed room at OPP. Information stored on paper is kept locked in file cabinets when not in
immediate use. Databases are temporarily placed on a secured server inside a restricted network area
for data match purposes only. Information that resides on a segregated server is kept behind locked
doors with limited access. Requestors of OPP stored health information within VA, or from external
individuals, contractors, organizations, and/or agencies with whom VA has a contract or agreement,
must provide an equivalent level of security protection and comply with all applicable VA policies
and procedures for storage and transmission as codified in VA directives such as but not limited to
VA Directive 6504.
</p></xhtmlContent></subsection>
<subsection type="retrievability"><xhtmlContent><p>Individually-identified health care information is kept in two forms. The first form is the
original data file containing the names and social security numbers of the record subjects. OPP
assigns unique codes derived from social security numbers to these individual records prior to
conducting analyses on the data. The encryption key for social security numbers and other numerical
identifiers of the individuals is stored in a safe in OPP. The original records may be retrieved
using social security numbers, military service number, claim or file number, DoD's identification
numbers, or other personal numerical identifiers. The records containing the encrypted identifiers
may be retrieved only by those identifiers.
</p></xhtmlContent></subsection>
<subsection type="safeguards"><xhtmlContent><p>This list of safeguards furnished in this System of Record is a general statement of
measures taken to protect health information. For example, HIPAA guidelines for protecting health
information will be followed and OPP will adopt evolving health care industry best practices in
order to provide adequate safeguards. Further, VA policy directives that specify the standards that
will be applied to protect health information will be provided to VA staff and contractors through
mandatory data privacy and security training.
</p><p>Access to data storage areas is restricted to authorized VA employee or contract staff who have
been cleared to work by the VA Office of Security and Law Enforcement. Health information file areas
are locked after normal duty hours. VA facilities are protected from outside access by the Federal
Protective Service and/or other security personnel.
</p><p>Access to health information provided by the Veterans Health Administration (VHA) pursuant to a
Business Associate Agreement (BAA) is restricted to those OPP employees and contractors who have a
need for the information in the performance of their official duties related to the terms of the
BAA. As a general rule, full sets of health care information are not provided for use unless
authorized by the OPP Assistant Secretary. File extracts provided for specific official uses will be
limited to the minimum necessary amount and contain only the information fields needed for the
analysis. Data used for analyses will have individual identifying characteristics removed whenever
possible.
</p><p>Security complies with applicable Federal Information Processing Standards (FIPS) issued by the
National Institute of Standards and Technology (NIST). Health information files containing unique
identifiers such as social security numbers are encrypted to NIST-verified FIPS 140ndash;2 standard
or higher for storage, transport, or transmission. All files stored or transmitted on laptops,
workstations, data storage devices and media are encrypted. Files are kept encrypted at all times
except when data is in immediate use, per specifications by VA Office of Information Technology.
NIST publications were consulted in development of security for this system of records.
</p><p>Contractors and their subcontractors are required to maintain the same level of security as VA
staff for health care information that has been disclosed to them. Any data disclosed to a
contractor or subcontractor to perform authorized analyses requires the use of Data Use Agreements,
Non-Disclosure Statements and Business Associates Agreements to protect health information. Unless
explicitly authorized in writing by the VA, sensitive or protected data made available to the
contractor and subcontractors shall not be divulged or made known in any manner to any other person.
Other federal or state agencies requesting health care information need to execute Data Use
Agreements to protect data.
</p><p>OPP's work area is accessed for business-only needs. For data that is not stored on a secure
server, the data is stored in a combination-protected safe which is secured inside a limited access
room. Direct access to the safe is controlled by select individuals who possess background security
clearances. Only a few employees with strict business needs or ldquo;need-to-knowrdquo; access and
completed background checks will ever handle the data once it is removed from the safe for data
match purposes.
</p></xhtmlContent></subsection>
<subsection type="retentionAndDisposal"><xhtmlContent><p>Records are maintained and disposed of in accordance with records disposition authority
approved by the Archivist of the United States. If the Archivist has not approved disposition
authority for any records covered by the system notice, the System Manager will take immediate
action to have the disposition of records in the system reviewed and paperwork initiated to obtain
an approved records disposition authority in accordance with VA Handbook 6300.1, Records Management
Procedures. OPP will publish an amendment to this notice upon issuance of NARA-approved disposition
authority. The records may not be destroyed until VA obtains an approved records disposition
authority. OPP destroys electronic files when no longer needed for administrative, legal, audit, or
other operational purposes. In accordance with title 36 CFR 1234.34, <i>Destruction of Electronic
Records,</i> ldquo;electronic records may be destroyed only in accordance with a records disposition
schedule approved by the Archivist of the United States, including General Records Schedules.rdquo;
</p></xhtmlContent></subsection>
<subsection type="systemManager"><xhtmlContent><p>Director, Office of Data Development and Analysis, (008A3), U.S. Department of Veterans
Affairs, 810 Vermont Avenue, NW., Washington, DC 20420.
</p></xhtmlContent></subsection>
<subsection type="notificationProcedure"><xhtmlContent><p>An 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
record, should submit a written request to the Director, Office of Data Development and Analysis,
(008A3), U.S. Department of Veterans Affairs, 810 Vermont Avenue, NW., Washington, DC 20420. Such
requests must contain a reasonable description of the records requested. All inquiries must
reasonably identify the health care information involved and the approximate date that medical care
was provided. Inquiries should include the patient's full name, social security number, telephone
number and return address.
</p></xhtmlContent></subsection>
<subsection type="recordAccessProcedures"><xhtmlContent><p>Individuals seeking information regarding access to and contesting of VA health information
maintained by the Office of Policy and Planning may send a request by mail to the Director, Data
Development and Analysis Service, (008A3), Department of Veterans Affairs, 810 Vermont Ave.,
Washington, DC 20420
</p></xhtmlContent></subsection>
<subsection type="contestingRecordProcedures"><xhtmlContent><p>(See Notification procedure above.)
</p></xhtmlContent></subsection>
<subsection type="recordSourceCategories"><xhtmlContent><p>Information is obtained from VHA and other VA staff offices and Administrations, OPP's
National Survey of Veterans, national surveys (<i>e.g.</i>, National Long Term Care Survey, National
Health Interview Survey), Federal agencies (<i>e.g.</i>, Department of Defense, Department of Health
and Human Services), state agencies, and other private and public health provider or insurance
programs and plans.
</p></xhtmlContent></subsection></section>
<section id="108VA11S" toc="yes">
<systemNumber>108VA11S</systemNumber>
<subsection type="systemName">Spinal Cord Injury and Disorders Outcomes--Repository (SCIDO-R)-VA
</subsection>
<subsection type="systemLocation"><xhtmlContent><p>All electronic and paper records are maintained at the Austin Information Technology Center
(AITC), Department of Veterans Affairs (VA), 1615 Woodward Street, Austin, Texas 78772, and at VA
health care facilities listed in VA Appendix 1 of the biennial publication of VA's Systems of
Records. Each Spinal Cord Injury Center has a SCIDO application deployment. Data transmissions
between the SCIDO application and the VA databases housed at the AITC are accomplished using the
Department's wide area network.
</p></xhtmlContent></subsection>
<subsection type="categoriesOfIndividuals"><xhtmlContent><p>Veterans identified with spinal cord injury and disorders that have applied for VA health
care services are included in the system. Occasionally, non-veterans who have received VA health
care or rehabilitation services under sharing agreements, contracted care, or humanitarian
emergencies will also have information recorded in the Spinal Cord Injury and Disorders Outcomes
(SCIDO) Repository.
</p></xhtmlContent></subsection>
<subsection type="categoriesOfRecords"><xhtmlContent><p>These records contain identifying information including name, social security number, date
of birth, and registration date in the SCIDO-R. SCIDO -Repository registration
information may include information about whether individuals are receiving services from VA's
spinal cord system of care, neurologic level of injury, etiology, date of onset, type of cause,
completeness of injury, and annual evaluation dates offered and received. The SCIDO-R also
stores outcome measures of impairment, activity, social role participation, and satisfaction with
life. A registrant may have multiple outcome entries.
</p></xhtmlContent></subsection>
<subsection type="authorityForMaintenance"><xhtmlContent><p>Title 38, United States Code, Sections 501 and 7304.
</p></xhtmlContent></subsection>
<subsection type="purpose"><xhtmlContent><p>The SCIO-Repository provides a registry of Veterans with spinal cord injury and
disorders (SCI&amp;D). This registry contains pertinent information on Veterans with SCI&amp;D and
enables better coordination of care among VHA staff. The purpose of the repository is to assist
clinicians, administrators, and researchers in identifying and tracking services for Veterans with
spinal cord dysfunction resulting from trauma or diseases. The SCIDO-R can also facilitate
clinical, administrative, and research reports for medical center use. Regional SCIDO Repositories
provide data extracts to the National SCIDO-Repository database at the AITC. This centralized
AITC repository is used to provide a VA-wide review of Veteran demographics and clinical aspects of
injuries and disorders.
</p></xhtmlContent></subsection>
<subsection type="routineUsesOfRecords"><xhtmlContent><p>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
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.
</p><p>1. The record of an individual who is covered by a system of records may be disclosed to a Member
of Congress, or a staff person acting for the member, when the member or staff person requests the
record on behalf of and at the written request of the individual.
</p><p>2. Disclosure of records covered by this system, as deemed necessary and proper to named
individuals serving as accredited Veterans service organization representatives, and other
individuals named as approved agents or attorneys for a documented purpose and period of time. These
agents/attorneys must be aiding beneficiaries in the preparation/presentation of their cases during
verification and/or due process procedures or in the presentation/prosecution of claims under laws
administered by VA.
</p><p>3. A record containing the name(s) and address(es) of present or former members of the armed
services and/or their dependents may be released from this system of records under certain
circumstances:
</p><p>a. To any nonprofit organization if the release is directly connected with the conduct of
programs and the utilization of benefits under Title 38, and
</p><p>b. To any criminal or civil law enforcement 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(s) or
address(es) be provided for a purpose authorized by law; provided, further, that the record(s) will
not be used for any purpose other than that stated in the request and that the organization, agency
or instrumentality is aware of the penalty provision of 38 U.S.C. 5701(f).
</p><p>4. Disclosure may be made to the National Archives and Records Administration and the General
Services Administration in records management inspections conducted under authority of Title 44,
Chapter 29, of the United States Code (U.S.C.).
</p><p>5. Disclosure of information, excluding name and address (unless name and address is furnished by
the requester) for research purposes determined to be necessary and proper, to epidemiological and
other research facilities approved by the Under Secretary for Health.
</p><p>6. In order to conduct Federal research necessary to accomplish a statutory purpose of an agency,
at the written request of the head of the agency, or designee of the head of that agency, the
name(s) and address(es) of present or former personnel or the armed services and/or their dependents
may be disclosed;
</p><p>a. To a Federal department or agency; or
</p><p>b. Directly to a contractor of a Federal department or agency. When a disclosure of this
information is to be made directly to the contractor, VA may impose applicable conditions on the
department, agency, and/or contractor to ensure the appropriateness of the disclosure to the
contractor.
</p><p>7. 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.
</p><p>8. For program review purposes and the seeking of accreditation and/or certification, disclosure
may be made to survey teams of the Rehabilitation Accreditation Commission, The Joint Commission
(JC), College of American Pathologists, American Association of Blood Banks, and similar national
accreditation agencies or boards with whom VA has a contract or agreement to conduct such reviews,
but only to the extent that the information is necessary and relevant to the review.
</p><p>9. Records from this system of records may be disclosed in a proceeding before a court,
adjudicative body, or other administrative body when the Department, or any Department component or
employee (in his or her official capacity as a VA employee), is a party to litigation; when the
Department determines that litigation is likely to affect the Department, any of its components or
employees, or the United States has an interest in the litigation, and such records are deemed to be
relevant and necessary to the legal proceedings; provided, however, that the disclosure is
compatible with the purpose for which the records were collected.
</p><p>10. 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.
</p><p>11. Records from a system of records may be disclosed to the Department of Justice (DOJ)
(including U.S. Attorneys) or in a proceeding before a court, adjudicative body, or other
administrative body when litigation or the adjudicative or administrative process is likely to
affect VA, its employees, or any of its components is a party to the litigation or process, or has
an interest in the litigation or process, and the use of such records is deemed by VA to be relevant
and necessary to the litigation or process, provided that the disclosure is compatible with the
purpose for which the records were collected.
</p><p>12. 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.
</p><p>13. Disclosure of information may be made when (1) it is suspected or 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 or integrity of this system or other
systems or programs (whether maintained by the Department or another agency or entity) that rely
upon the compromised information; and (3) the disclosure is to agencies, entities, and 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 disclosure by the Department to respond to a suspected or confirmed data breach, including
the conduct of any risk analysis 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.
</p><p>14. VA may disclose identifying information, including social security number, concerning
veterans, spouses of veterans, and the beneficiaries of veterans to other federal agencies for the
purpose of conducting computer matches to obtain information to determine or verify eligibility of
veterans receiving VA medical care under Title 38, U.S.C.
</p><p>15. VA may disclose patient identifying information to federal agencies and VA and government-
wide third-party insurers responsible for payment of the cost of medical care for the identified
patients, in order for VA to seek recovery of the medical care costs. These records may also be
disclosed as part of a computer matching program to accomplish this purpose.
</p></xhtmlContent></subsection>
<subsection type="policiesAndPractices"><xhtmlContent><p>Storage:</p>
<p>Magnetic tapes/disks and optical discs. Electronic data are maintained on Direct Access
Storage Devices at the AITC. The AITC stores registry tapes for disaster backup at a secure, off-
site location. Electronic backup files for the regional SCIDO-R applications are stored at the
Regional Data Processing Center (RDPC1) at Denver, CO also for disaster backup at a secure, off-site
location.
</p></xhtmlContent></subsection>
<subsection type="retrievability"><xhtmlContent><p>Records are indexed by name of Veteran, social security number, and unique patient
identifiers.
</p></xhtmlContent></subsection>
<subsection type="safeguards"><xhtmlContent><p>1. Data transmissions between VA health care facilities and the VA databases housed at the
AITC are accomplished using the Department's wide area network. The SCIDO-Repository program
and other programs at the respective facilities automatically flag records or events for
transmission based upon functionality requirements. VA health care facilities control access to data
by using VHA's VistA security modules. The Department's Telecommunications Support Service has
oversight responsibility for planning, security, and management of the wide area network.
</p><p>2. Access to records at VA health care facilities is only authorized to VA personnel on a "
need-to-know" basis. Records are maintained in staffed rooms during working hours. During non-
working hours, there is limited access to the building with visitor control by security personnel.
Access to the AITC is generally restricted to AITC staff, VA Central Office employees, custodial
personnel, Federal Protective Service, and authorized operational personnel through electronic
locking devices. All other persons gaining access to the computer rooms are escorted. Backup records
stored off-site for both the AITC and VA Central Office are safeguarded in secured storage areas.
</p><p>3. Strict control measures are enforced to ensure that access to and disclosure from all records
including electronic files and Veteran-specific data elements are limited to VHA employees whose
official duties warrant access to those files. The automated record system recognizes authorized
users by keyboard entry of unique passwords, access, and verify codes.
</p></xhtmlContent></subsection>
<subsection type="retentionAndDisposal"><xhtmlContent><p>Records will be maintained and disposed of in accordance with record disposition authority
approved by the Archivist of the United States. Depending on the record medium, records are
destroyed by either shredding or degaussing. Optical disks or other electronic media are deleted
when no longer required for official duties.
</p><p>VA has submitted a request for records disposition authority to the National Archives and Records
Administration (NARA) for approval. Upon approval by NARA, VA will publish an amendment to this
System of Records. In the interim, no records will be destroyed.
</p></xhtmlContent></subsection>
<subsection type="systemManager"><xhtmlContent><p>Official responsible for Spinal Cord Injury and Disorders Outcomes--Repository design,
development, and maintenance: SCIDO Program Specialist (128N), 1660 South Columbian Way, Seattle,
Washington 98108.
</p><p>Official responsible for policies and procedures: Chief Consultant, Spinal Cord Injury and
Disorders Services (128N), 1660 South Columbian Way, Seattle, Washington 98108.
</p></xhtmlContent></subsection>
<subsection type="notificationProcedure"><xhtmlContent><p>An 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
record, should submit a written request or apply in person to the last VA facility where medical
care was provided or submit a written request to the Chief Consultant, Spinal Cord Injury and
Disorders Services (128N), 1660 South Columbian Way, Seattle, Washington 98108. Inquiries should
include the Veteran's name, social security number, and return address.
</p></xhtmlContent></subsection>
<subsection type="recordAccessProcedures"><xhtmlContent><p>An individual who seeks access to records maintained under his or her name may write or
visit the nearest VA facility or write to the Chief Consultant, Spinal Cord Injury and Disorders
Services (128N), 1660 South Columbian Way, Seattle, Washington 98108.
</p></xhtmlContent></subsection>
<subsection type="contestingRecordProcedures"><xhtmlContent><p>(See Record Access Procedures above.)
</p></xhtmlContent></subsection>
<subsection type="recordSourceCategories"><xhtmlContent><p>Various automated record systems providing clinical and managerial support to VA health care
facilities, the Veteran, family members, accredited representatives or friends, and "Patient
Medical Records--VA" (24VA19) system of records.
</p></xhtmlContent></subsection></section>
<section id="110VA10" toc="yes">
<systemNumber>110VA10</systemNumber>
<subsection type="systemName">Employee Incentive Scholarship Program--VA.
</subsection>
<subsection type="systemLocation"><xhtmlContent><p>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.
</p></xhtmlContent></subsection>
<subsection type="categoriesOfIndividuals"><xhtmlContent><p>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.
</p></xhtmlContent></subsection>
<subsection type="categoriesOfRecords"><xhtmlContent><p>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.
</p></xhtmlContent></subsection>
<subsection type="authorityForMaintenance"><xhtmlContent><p>Title 38, U.S.C. Sections 501, 503, 7451, 7452, and 7431-7440.
</p></xhtmlContent></subsection>
<subsection type="purpose"><xhtmlContent><p>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.
</p></xhtmlContent></subsection>
<subsection type="routineUsesOfRecords"><xhtmlContent><p>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
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.
</p><p>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.
</p><p>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.
</p><p>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.
</p><p>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.
</p><p>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.
</p><p>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.
</p><p>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.
</p><p>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.
</p><p>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.
</p><p>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.
</p><p>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.
</p><p>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.
</p><p>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.
</p><p>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.
</p><p>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.
</p><p>Disclosure to consumer reporting agencies:
</p><p>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)).
</p></xhtmlContent></subsection>
<subsection type="policiesAndPractices"><xhtmlContent><p>Storage:</p>
<p>Records are maintained on paper, electronic media and computer printouts.
</p></xhtmlContent></subsection>
<subsection type="retrievability"><xhtmlContent><p>Records are retrieved by use of the award number or an equivalent participant account number
assigned by HCSDRO, social security number and the name of the individual.
</p></xhtmlContent></subsection>
<subsection type="safeguards"><xhtmlContent><p>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 need-to-know basis. During non-working hours the file is locked
and the building is protected by contracted building security services. Records stored on electronic
media are maintained on a VA-approved and managed, password-protected, secure 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.
</p></xhtmlContent></subsection>
<subsection type="retentionAndDisposal"><xhtmlContent><p>Records will be maintained and disposed of in accordance with records disposition authority
approved by the Archivist of the United States.
</p></xhtmlContent></subsection>
<subsection type="systemManager"><xhtmlContent><p>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.
</p></xhtmlContent></subsection>
<subsection type="notificationProcedure"><xhtmlContent><p>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.
</p></xhtmlContent></subsection>
<subsection type="recordAccessProcedures"><xhtmlContent><p>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.
</p></xhtmlContent></subsection>
<subsection type="contestingRecordProcedures"><xhtmlContent><p>(See Record Access Procedures above.)
</p></xhtmlContent></subsection>
<subsection type="recordSourceCategories"><xhtmlContent><p>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.
</p></xhtmlContent></subsection></section>
<section id="110VA17" toc="yes">
<systemNumber>110VA17</systemNumber>
<subsection type="systemName">Compliance Record, Response, and Resolution of Reports of Persons Allegedly Involved in
Compliance Violations--VA
</subsection>
<subsection type="systemLocation"><xhtmlContent><p>All computerized and paper records are located at: Department of Veterans Affairs (VA)
Central Office, 810 Vermont Avenue, NW., Washington, DC 20420; Veterans Integrated Service Networks
(VISNs); and, VA health care facilities. Address locations for VA facilities are listed in VA
Appendix 1 of the biennial publication of the Privacy Act Issuances.
</p></xhtmlContent></subsection>
<subsection type="categoriesOfIndividuals"><xhtmlContent><p>The following categories of individuals will be covered by the system: (1) Employees, (2)
Veterans, (3) third parties such as contractors who conduct official business with the Veterans
Health Administration (VHA), (4) family members or representatives of Veterans, and (5) subjects of
complaints and complainants. Complainants are individuals who have reported a possible violation of
law, rules, policies, regulations, or external program requirements, such as third-party payer
billing guidelines.
</p></xhtmlContent></subsection>
<subsection type="categoriesOfRecords"><xhtmlContent><p>Records (or information contained in records) in this system include allegations made by
individuals calling the VHA Office of Compliance and Business Integrity Help Line, or through
another source, to report a possible violation of law, rules, policies, procedures, regulations, or
external program requirements such as third-party payer billing guidelines. Records also may contain
reports of the reviews or investigations conducted at the medical center, VISN, or Central Office
level to verify the reported allegations and take remedial action as needed. VHA Office of
Compliance Office and Business Integrity will maintain a copy of these reports. Information in this
system regarding reports of suspected non-compliance may include: (1) The name, home and work
address and phone number of the complainant; (2) the name of the subject of the complaint; (3) the
name or patient number of Veteran patient who received services associated with the complaint; (4)
the date when the allegation was reported; (5) the date, location and nature of the alleged
wrongdoing; and (6) the Compliance Office's identification number assigned to the case. The records
will also include the status of each case (open or closed).
</p><p>Information in the investigation records may include: (1) The name of the subject of an
investigation; (2) the names of individuals whose work was reviewed as part of the investigation;
(3) the names or patient numbers of Veteran patients whose medical records were reviewed in order to
investigate the allegation; (4) the station at which an investigation took place; (5) the time
period when the investigation took place; (6) the nature of the allegation; (7) the outcome of the
investigation; (8) the recommended action; and, (9) the identification number assigned to the case.
Information may be in the form of a narrative summary or synopsis, exhibits, or internal
documentation and memoranda.
</p><p>Records in the system will be a combination of computerized files and paper files. Both paper and
electronic records may contain the information listed above, and may relate to complainants and
subjects of complaints.
</p></xhtmlContent></subsection>
<subsection type="authorityForMaintenance"><xhtmlContent><p>Title 38 United States Code, section 501.
</p></xhtmlContent></subsection>
<subsection type="purpose"><xhtmlContent><p>The purpose is to establish a process to receive reports of suspected compliance violations,
and to maintain a system to respond to such allegations.
</p></xhtmlContent></subsection>
<subsection type="routineUsesOfRecords"><xhtmlContent><p>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
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.
</p><p>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.
</p><p>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.
</p><p>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.
</p><p>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, or
personal or educational background in order for 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.
</p><p>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.
</p><p>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.
</p><p>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.
</p><p>8. Any information in this system may be disclosed to the U.S. 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.
</p><p>9. The name, address, telephone number, 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 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.
</p><p>10. Records from this system of records may be disclosed to a Federal agency or to a State or
local government licensing board or to the Federation of State Medical Boards or a similar non-
government 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 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
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.
</p><p>11. Disclosure of relevant information may be made to individuals, organizations, private or
public agencies, etc., with whom VA has a contract or agreement 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.
</p><p>12. For program review purposes and the seeking of accreditation or certification, disclosure may
be made to survey teams of The Joint Commission, College of American Pathologists, American
Association of Blood Banks, and similar national accreditation agencies or boards with which VA has
a contract or agreement to conduct such reviews, but only to the extent that the information is
necessary and relevant to the review.
</p><p>13. Disclosure 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, Chapter 29, of the United States Code.
</p><p>14. VA may disclose information from this system of records to the 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 that is compatible with the
purpose for which VA collected the records.
</p><p>15. Disclosure to other Federal agencies that may be made to assist such agencies in preventing
and detecting possible fraud or abuse by individuals in their operations and programs.
</p><p>16. 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.
</p></xhtmlContent></subsection>
<subsection type="policiesAndPractices"><xhtmlContent><p>Storage:</p>
<p>All reports of suspected noncompliance with VHA business practice will be documented in a
computerized database and assigned a unique identification number. Paper files which contain
documents collected in association with reviewing the case, such as memoranda, policies, or examples
of work produced as a result of the complaint should be electronically file.
</p></xhtmlContent></subsection>
<subsection type="retrievability"><xhtmlContent><p>Both electronic and paper case files will be stored and individually retrieved by the same
unique identification number, not by name.
</p></xhtmlContent></subsection>
<subsection type="safeguards"><xhtmlContent><p>Access to computerized information in the database is restricted to authorized personnel on
a need-to-know basis. Documentation will be maintained in a secure environment in the VHA Office of
Compliance and Business Integrity, the Compliance and Business Integrity Officers located at the
network and medical center. Physical access to printouts and data terminals will be limited to
authorized personnel.
</p><p>Access to file folders is restricted to authorized personnel on a need-to-know basis. Paper files
should be maintained in file cabinets or closets and are locked after duty hours. These files are
under the control of the Compliance and Business Integrity Officer or his or her designees.
</p></xhtmlContent></subsection>
<subsection type="retentionAndDisposal"><xhtmlContent><p>Computerized records will be retained indefinitely. Periodic system back-ups will be
employed for record protection. If disk space is limited, the records will be archived to tape or
disk in accordance with established practice. Paper records will be maintained and disposed of in
accordance with records disposition authority approved by the Archivist of the United States.
</p></xhtmlContent></subsection>
<subsection type="systemManager"><xhtmlContent><p>VHA Office of Compliance and Business Integrity (10B3), Department of Veterans Affairs, 810
Vermont Avenue, NW., Washington, DC 20420.
</p></xhtmlContent></subsection>
<subsection type="notificationProcedure"><xhtmlContent><p>An individual who wishes to know if a record is being maintained by VHA Office of Compliance
and Business Integrity under his or her name or wants to determine the contents of such records
should submit a written request or apply in person to the local VA medical center.
</p></xhtmlContent></subsection>
<subsection type="recordAccessProcedures"><xhtmlContent><p>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 VHA Office of Compliance and Business Integrity
(10B3).
</p></xhtmlContent></subsection>
<subsection type="contestingRecordProcedures"><xhtmlContent><p>(See Record Access Procedures above.)
</p></xhtmlContent></subsection>
<subsection type="recordSourceCategories"><xhtmlContent><p>The information in this system will be obtained from calls that are received through the VHA
Compliance and Business Integrity Help Line and reports received through other sources. Information
is obtained from VHA employees, Veterans, third parties such as contractors, and VHA records which
may include billing data, patient medical records, policies and procedures, and memoranda.
</p></xhtmlContent></subsection></section>
<section id="111VA95E" toc="yes">
<systemNumber>111VA95E</systemNumber>
<subsection type="systemName">Center for Acquisition and Materiel Management Education Online (CAMEO)-VA
</subsection>
<subsection type="systemLocation"><xhtmlContent><p>The system is maintained for the Department of Veterans Affairs (VA) under contract. Records
are located at the contractor's facility, currently Meridian Knowledge Solutions, Inc., 4465
Brookfield Corporate Drive, Suite 201, Chantilly, VA 20151. In addition, information from these
records or copies of the records may be maintained at the Department of Veterans Affairs, Office of
Acquisition and Materiel Management, 810 Vermont Avenue, NW, Washington, DC 20420.
</p></xhtmlContent></subsection>
<subsection type="categoriesOfIndividuals"><xhtmlContent><p>The records include information concerning VA employees who work in acquisition,
contracting, and materiel management positions, including personnel in the 1100 occupational series,
contracting officers, contracting officers' technical representatives, and other employees
performing acquisition, contracting, procurement, and materiel management functions.
</p></xhtmlContent></subsection>
<subsection type="categoriesOfRecords"><xhtmlContent><p>The system will contain information needed for enhancing training opportunities of VA
employees in the Federal acquisition and materiel management work force. Records include, but are
not limited to: (1) Biographical data such as name, social security number, and educational level;
(2) work-related data such as duty station, occupational series and grade, supervisor's name, and
contracting officer warrant information; (3) educational qualifications such as degrees from
accredited universities or colleges and business credits completed; and (4) training information
such as completed acquisition core courses and total continuing education hours for the previous and
current fiscal year.
</p></xhtmlContent></subsection>
<subsection type="authorityForMaintenance"><xhtmlContent><p>Title 38, United States Code (U.S.C.), section 501, and section 37 of the Office of Federal
Procurement Policy Act (41 U.S.C. 433).
</p></xhtmlContent></subsection>
<subsection type="purpose"><xhtmlContent><p>The records and information will be used to enhance training opportunities of VA employees
in acquisition and materiel management occupations; to ensure that employees meet training
requirements; and to document the training received. The system will provide management and
employees up-to-date information on employee certification levels, qualification standards, academic
degrees, mandatory and other pertinent training, and contracting officer warrant status.
</p></xhtmlContent></subsection>
<subsection type="routineUsesOfRecords"><xhtmlContent><p>1. Disclosure may be made to a Congressional office from the record of an individual in
response to an inquiry from the Congressional office made at the request of that individual.
</p><p>2. Disclosure may be made to the National Archives and Records Administration (NARA) in records
management inspections conducted under the authority of Title 44 U.S.C.
</p><p>3. Records from this system of records may be disclosed to the Department of Justice (DOJ) or in
a proceeding before a court, adjudicative body, or other administrative body before which the Agency
is authorized to appear when: (1) The Agency, or any component thereof; (2) any employee of the
Agency in his or her official capacity, where DOJ or the Agency has agreed to represent the
employee; or (3) the United States, when the Agency determines that litigation is likely to affect
the Agency or any of its components; is a party to litigation, and has an interest in such
litigation, and the use of such records by DOJ or the Agency is deemed by the Agency to be relevant
and necessary to the litigation, provided, however, that the disclosure is compatible with the
purpose for which the records were collected.
</p><p>4. 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.
</p><p>5. VA may disclose on its own initiative any information in this system that is relevant to a
suspected 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, 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.
</p><p>6. Disclosure may be made to an appeal, grievance, hearing, or complaints examiner; an equal
employment opportunity investigator, arbitrator, or mediator; and an exclusive representative or
other person authorized to investigate or settle a grievance, complaint, or appeal filed by an
individual who is the subject of the record.
</p><p>7. Disclosure may be made to the Office of Personnel Management (OPM), the Office of Management
and Budget (OMB), and the General Accounting Office (GAO) in order for them to perform their
responsibilities for evaluating Federal programs.
</p><p>8. Disclosure may be made to a requesting Federal agency for that agency's use in connection with
the hiring, retaining or promotion of an employee where the information is relevant and necessary
for the decision.
</p><p>9. 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.
</p><p>10. Information may be disclosed to officials of the Merit Systems Protection Board or 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.
</p><p>11. Information may be disclosed to the Equal Employment Opportunity Commission when requested in
connection with investigations of alleged or possible discriminatory practices, examination of
Federal affirmative employment programs, or for other functions of the Commission as authorized by
law.
</p><p>12. Information may be disclosed to the Federal Labor Relations Authority (including its General
Counsel) when appropriate jurisdiction has been established and the information has been requested
in connection with the investigation and resolution of allegations of unfair labor practices or in
connection with the resolution of exceptions to arbitration awards when a question of material fact
is raised; and to the Federal Service Impasses Panel in matters they are considering.
</p></xhtmlContent></subsection>
<subsection type="policiesAndPractices"><xhtmlContent><p>Storage:</p>
<p>Records are maintained on paper and electronic storage media, including magnetic tape and
magnetic disk media.
</p></xhtmlContent></subsection>
<subsection type="retrievability"><xhtmlContent><p>Records are retrieved by name, social security number or other assigned identifiers of the
individuals on whom the records are maintained.
</p></xhtmlContent></subsection>
<subsection type="safeguards"><xhtmlContent><p>1. Access to VA working and storage areas 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
facilities are protected from outside access by the Federal Protective Service or other security
personnel.
</p><p>2. Access to computer rooms at VA Central Office and health care facilities is generally limited
by appropriate locking devices and restricted to authorized VA employees and vendor personnel. ADP
peripheral devices are placed in secure areas (areas that are locked or have limited access) or are
otherwise protected.
</p><p>3. Access to the contractor's computer rooms is restricted to authorized vendor employees through
electronic locking devices. Information stored in the CAMEO system may be accessed by authorized VA
employees at remote locations, including VA health care facilities and VA Central Office. Access is
controlled by individually unique passwords/codes that must be changed periodically by the employee
or the appropriate designated personnel. The database is maintained by the contractor behind a
firewall that has been certified by the National Computer Security Association.
</p></xhtmlContent></subsection>
<subsection type="retentionAndDisposal"><xhtmlContent><p>Paper records and electronic storage media are maintained and disposed of in accordance with
records disposition authority approved by the Archivist of the United States.
</p></xhtmlContent></subsection>
<subsection type="systemManager"><xhtmlContent><p>Official responsible for policies and procedures: Chief, Acquisition Training and Career
Development Division (95E), Office of Acquisition and Materiel Management (90), Department of
Veterans Affairs, 810 Vermont Avenue, NW., Washington, DC 20420.
</p></xhtmlContent></subsection>
<subsection type="notificationProcedure"><xhtmlContent><p>Individuals who wish to determine whether this system of records contains information about
them should contact the System Manager at the above address. Inquiries should include the person's
full name, social security number, dates of employment, date(s) of contact, and return address.
</p></xhtmlContent></subsection>
<subsection type="recordAccessProcedures"><xhtmlContent><p>Individuals seeking information regarding access to and/or contesting the records in this
system may write, call or visit the VA facility location where they are or were employed.
</p></xhtmlContent></subsection>
<subsection type="contestingRecordProcedures"><xhtmlContent><p>See Record Access Procedures above.
</p></xhtmlContent></subsection>
<subsection type="recordSourceCategories"><xhtmlContent><p>Information in this system of records is provided:
</p><p>1. By individuals on whom the record is maintained.
</p><p>2. By supervisors and managers.
</p><p>3. By other agency officials.
</p><p>4. By accredited colleges or universities.
</p><p>5. By related correspondence.
</p><p>6. By other agency records.
</p></xhtmlContent></subsection></section>
<section id="113VA112" toc="yes">
<systemNumber>113VA112</systemNumber>
<subsection type="systemName">Telephone Service for Clinical Care Records--VA.
</subsection>
<subsection type="systemLocation"><xhtmlContent><p>Records are located at each Call Center, which are operated at VA health care facilities or
at contractor locations. Address locations for VA facilities are listed in VA Appendix 1 of the
biennial publication of VA Privacy Act Issuances. In addition, information from clinical symptom
calls is maintained in the patient's medical record at VA health care facilities and at the
Department of Veterans Affairs (VA), 810 Vermont Avenue, NW., Washington, DC; Veterans Integrated
Service Network Offices (VISNs); and Employee Education Systems.
</p></xhtmlContent></subsection>
<subsection type="categoriesOfIndividuals"><xhtmlContent><p>The records include information concerning individual enrolled patients.
</p></xhtmlContent></subsection>
<subsection type="categoriesOfRecords"><xhtmlContent><p>The records may include information related to:
</p><p>1. Clinical care such as clinical symptoms, questions asked about symptoms, answers received,
clinical protocol used and advice provided. It might include doctors' orders for patient care
including nursing care, current medications, including their scheduling and delivery, consultations,
radiology, laboratory and other diagnostic and therapeutic examinations and results; clinical
protocol and other reference materials; education provided, including title of education material
and reports of contact with individuals or groups. It includes information related to the patient's
or family member's understanding of the advice given and their plan of action and, sometimes, the
effectiveness of those actions.
</p><p>2. Record of all calls made to the Call Center, including caller questions about medications,
their uses and side effects; requests for renewals of prescriptions, appointment changes, benefits
information and the actions taken related to each call, including the notification of providers and
other staffs about the call.
</p><p>3. Contact information from private sector medical facilities or clinicians contacting the VA
about issues such as enrolled veterans' visits to an emergency department or admissions to a
community medical center.
</p></xhtmlContent></subsection>
<subsection type="authorityForMaintenance"><xhtmlContent><p>Title 38, United States Code, section 501.
</p></xhtmlContent></subsection>
<subsection type="purpose"><xhtmlContent><p>The purpose of these records is to provide clinical and administrative support to patient
care and provide medical and administrative documentation of the care and/or services provided in
Call Centers. The records may be used for such purposes as improving Call Center staff's ability to
provide telephone care services to veterans and the quality of the service by having immediate
access to records of calls made previously by the veteran. Records may be used for purposes of
notifying VA providers of the patient's condition and status, the criteria used to judge the status
of the patient and/or the information given to the external provider on follow-up steps that they
must take to receive authorization for the care. Records may be used to assess and improve the
quality of the services provided through telephone care services and to produce various management
and patient follow-up reports. Records may be used to respond to patient, family and other
inquiries, including at times non-VA clinicians and Joint Commission for Accreditation of Healthcare
Organizations (JCAHO) or the Utilization Review Accreditation Commission (URAC) for the
accreditation of a Call Center or facility. Records may also be used to conduct health care related
studies, statistical analysis, and resource allocation planning using data that has been stripped of
individual patient identifiers. The clinical information is integrated into the patient's overall
medical record, into quality improvement plans, and activities of the facility, such as utilization
review and risk management. They are also used to improve Call Center services, such as patient
education, the improved integration of clinical care, the provision of telephone care services, and
communication.
</p></xhtmlContent></subsection>
<subsection type="routineUsesOfRecords"><xhtmlContent><p>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
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.
</p><p>1. Disclosure 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.
</p><p>2. Disclosure may be made 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.
</p><p>3. 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 which maintains
records concerning individual's 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 Department to obtain information relevant to a Department
decision concerning the hiring, retention or termination of an employee or to inform a Federal
agency or licensing boards or 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.
</p><p>4. Disclosure may be made for program review purposes and the seeking of accreditation and/or
certification, disclosure may be made to survey teams of the Joint Commission on Accreditation of
Healthcare Organizations, College of American Pathologists, American Association of Blood Banks, and
similar national accreditation agencies or boards with whom VA has a contract or agreement to
conduct such reviews, but only to the extent that the information is necessary and relevant to the
review.
</p><p>5. Disclosure may be made to a State or local government entity or national certifying body which
has the 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 or national certifying
body 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.
</p><p>6. Disclosure may be made 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.
</p><p>7. Disclosure may be made 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.
</p><p>8. Disclosure of information related to the performance of a health care student or provider may
be made to a medical or nursing school or other health care related training institution or other
facility with which there is an affiliation, sharing agreement, contract or similar arrangement when
the student or provider is enrolled at or employed by the school or training institution or other
facility and the information is needed for personnel management, rating and/or evaluation purposes.
</p><p>9. Disclosure of relevant information may be made to individuals, organizations, private or
public agencies, etc., with whom VA has a contract or agreement 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.
</p><p>10. Disclosure may be made to a Federal agency, in response to its request, in connection with
the hiring or retention of an employee, the issuance of a security clearance, reporting of an
investigation of an employee, the letting of a contract, or the issuance or continuance of a
license, grant or other benefit given by that agency to the extent that the information is relevant
and necessary to the requesting agency's decision on the matter.
</p><p>11. Disclosure of information may be made to the next-of-kin and/or the person(s) with whom the
patient has a meaningful relationship to the extent necessary and on a need-to-know basis consistent
with good medical-ethical practices.
</p><p>12. On its own initiative, VA may disclose information, except for the names and home addresses
of veterans and their dependents, to a Federal, State, local, tribal or foreign 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, rule or order issued pursuant
thereto. On its own initiative, VA may also disclose 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, rule or order issued pursuant thereto.
</p><p>13. Disclosure of relevant information may be made to a non-VA physician or medical facility
staff caring for a veteran for the purpose of providing relevant clinical information in an urgent
or emergent situation.
</p><p>14. Disclosure 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, Chapter 29, of the United States Code (U.S.C).
</p><p>15. 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.
</p><p>16. 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.
</p></xhtmlContent></subsection>
<subsection type="policiesAndPractices"><xhtmlContent><p>Storage:</p>
<p>Records are maintained in the electronic medical record and on an automated storage media,
such as magnetic tape, disc or laser optical media.
</p></xhtmlContent></subsection>
<subsection type="retrievability"><xhtmlContent><p>Records are retrieved by name, social security number or other assigned identifier of the
enrolled veteran who is calling or about whom the call is being made.
</p></xhtmlContent></subsection>
<subsection type="safeguards"><xhtmlContent><p>1. Access to patient-specific information located in Call Center databases and storage areas
is restricted to VA employees and contract personnel 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 Call Center areas are locked after normal duty hours or when the Call
Center is closed, and the facilities are protected from outside access by the Federal Protective
Service or other security personnel.
</p><p>2. Access to VA and contracted Call Centers and computer rooms is generally limited by
appropriate locking devices and restricted to authorized VA employees and vendor personnel.
Information in the Veterans Health Information Systems and Technology Architecture (VistA) may be
accessed by authorized VA employees or authorized contract employees. Access to file information is
controlled at two levels; the systems recognize authorized employees or contract employees by a
series of individually unique passwords/codes as a part of each data message, and personnel are
limited to only that information in the file which is needed in the performance of their official
duties. Information that is downloaded from VistA and maintained on VA is afforded similar storage
and access protections as the data that is maintained in the original files access to information
stored on automated storage media at other VA and contract locations is controlled by individually
unique passwords/codes.
</p><p>3. Remote access to VHA information in VistA is provided to those Call Center employees, either
VA or contract staff, that require access to information stored in the medical record. Access to
this information is protected through hardened user access and is controlled by individual unique
passwords. Additionally, contracted Call Centers, either VA or private sector, are required to have
a separate computer security plan that meets national information security requirements.
</p></xhtmlContent></subsection>
<subsection type="retentionAndDisposal"><xhtmlContent><p>Records are to be disposed of in accordance with the Veterans Health Administration Records
Control Schedule; 10-1. Paper records and information stored on electronic storage media are
maintained and disposed of in accordance with the records disposition authority approved by the
Archivist of the United States.
</p></xhtmlContent></subsection>
<subsection type="systemManager"><xhtmlContent><p>Official responsible for policies and procedures: Chief Consultant for Primary Care (11PC)
Department of Veterans Affairs, 810 Vermont Avenue, NW., Washington, DC 20420. Officials maintaining
the system: Network and/or facility director at the Network and/or facility where the individuals
are associated.
</p></xhtmlContent></subsection>
<subsection type="notificationProcedure"><xhtmlContent><p>Individuals who wish 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 record,
should submit a written request or apply in person to the last VA health care facility where care
was rendered. Addresses of VA health care facilities may be found at <i>
http://www2.va.gov/directory/guide/home.asp?isFlash=1.</i> Inquiries should include the person's
full name, social security number, dates of employment, date(s) of contact, and return address.
</p></xhtmlContent></subsection>
<subsection type="recordAccessProcedures"><xhtmlContent><p>Individuals seeking information regarding access to and contesting of records in this system
may write or visit the VA facility location where they normally receive their care.
</p></xhtmlContent></subsection>
<subsection type="contestingRecordProcedures"><xhtmlContent><p>(See Record Access Procedures above.)
</p></xhtmlContent></subsection>
<subsection type="recordSourceCategories"><xhtmlContent><p>Record sources include: enrolled patients, patients' families and friends, private medical
facilities and their clinical and administrative staffs, health care professionals, Patient Medical
Records--VA (24VA136), VistA (79VA19), VA health care providers, and Call Center nurses and
administrative staff.
</p></xhtmlContent></subsection></section>
<section id="114VA16" toc="yes">
<systemNumber>114VA16</systemNumber>
<subsection type="systemName">The Revenue Program--Billing and Collections Records-VA.
</subsection>
<subsection type="systemLocation"><xhtmlContent><p>Records are maintained at each VA healthcare facility. In most cases, back-up computer tape
information is stored at off-site locations. Address locations for VA facilities are listed in VA
Appendix 1 of the biennial publication of VA Privacy Act Issuances. In addition, information from
these records or copies of records may be maintained at the Department of Veterans Affairs (VA), 810
Vermont Avenue, NW, Washington, DC; the VA Austin Automation Center (AAC), Austin, Texas; Veterans
Integrated Service Network (VISN) Offices; VA Allocation Resource Center (ARC), Boston,
Massachusetts, and contractor facilities.
</p></xhtmlContent></subsection>
<subsection type="categoriesOfIndividuals"><xhtmlContent><p>1. Veterans who have applied for healthcare services under Title 38, United States Code,
Chapter 17, and in certain cases members of their immediate families.
</p><p>2. Beneficiaries of other Federal agencies.
</p><p>3. Individuals examined or treated under contract or resource sharing agreements.
</p><p>4. Individuals examined or treated for research or donor purposes.
</p><p>5. Individuals who have applied for Title 38 benefits but who do not meet the requirements under
Title 38 to receive such benefits.
</p><p>6. Individuals who were provided medical care under emergency conditions for humanitarian
reasons.
</p><p>7. Pensioned members of allied forces (Allied Beneficiaries) who are provided healthcare services
under Title 38, United States Code, Chapter 1.
</p><p>8. Healthcare professionals providing examination or treatment to any individuals within VA
healthcare facilities.
</p><p>9. Healthcare professionals providing examination or treatment to individuals under contract or
resource sharing agreements.
</p></xhtmlContent></subsection>
<subsection type="categoriesOfRecords"><xhtmlContent><p>The records may include information related to:
</p><p>1. The social security number and insurance policy number of the veteran and/or veteran's spouse.
The record may include other identifying information (e.g., name, date of birth, age, sex, marital
status) and address information (e.g., home and/or mailing address, home telephone number).
</p><p>2. Insurance company information specific to coverage of the veteran and/or spouse to include
annual deductibles and benefits.
</p><p>3. Diagnostic codes (ICD9-CM, CPT-4, and any other coding system) pertaining to the
individual's medical, surgical, psychiatric, dental and/or psychological examination or treatment.
</p><p>4. Charges claimed to a third party payer, including insurance companies, other Federal agencies,
or foreign governments, based on treatment/services provided to the patient.
</p><p>5. Charges billed to those veterans who are required to meet co-payment obligations for
treatment/services rendered by VA.
</p><p>6. The name, social security number, universal personal identification number, National Provider
Identifier (NPI) and credentials including provider's degree, licensure, certification, registration
or occupation of healthcare providers.
</p><p>7. Records of charges related to patient care that are created in anticipation of litigation in
which the United States is a party or has an interest in the litigation or potential litigation,
including a third-party tortfeasor, workers compensation, or no-fault automobile insurance cases.
Such records are not subject to disclosure under 5 U.S.C. 552a(d)(5).
</p></xhtmlContent></subsection>
<subsection type="authorityForMaintenance"><xhtmlContent><p>Title 38, United States Code (U.S.C.), sections 1710 and 1729.
</p></xhtmlContent></subsection>
<subsection type="purpose"><xhtmlContent><p>The records and information are used for the billing of, and collections from, a third party
payer, including insurance companies, other Federal agencies, or foreign governments, for medical
care or services received by a veteran for a nonservice-connected condition or from a first party
veteran required to make co-payments. The records and information are also used for the billing of
and collections from other Federal agencies for medical care or services received by an eligible
beneficiary. The data may be used to identify or verify insurance coverage of a veteran or veteran's
spouse prior to submitting claims for medical care or services. The data may be used to support
appeals for non-reimbursement of claims for medical care or services provided to a veteran. The data
may be used to enroll health care providers with health plans and VA's health care clearinghouse in
order to electronically file third party claims. For the purposes of health care billing and payment
activities to and from third party payers, VA will disclose information in accordance with the
legislatively-mandated transaction standard and code sets promulgated by the United States
Department of Health and Human Services (HHS) under the Health Insurance Portability and
Accountability Act (HIPAA).
</p><p>The data may be used to make application for a National Provider Identifier (NPI), as required by
the HIPAA Administrative Simplification Rule on Standard Unique Health Identifier for Healthcare
Providers, 45 CFR Part 162, for all health care professionals providing examination or treatment
within VA health care facilities, including participation in pilot testing of NPI enumeration system
by the Centers of Medicare and Medicaid Services (CMS). The records and information may be used for
statistical analyses to produce various management, tracking and follow-up reports, to track and
trend the reimbursement practices of insurance carriers, and to track billing and collection
information. The data may be used to support, or in anticipation of supporting, reimbursement claims
from non-VA health care providers or their agents. The data may be used to support, or in
anticipation of supporting, reimbursement claims from academic affiliates with which VA maintains a
business relationship.
</p></xhtmlContent></subsection>
<subsection type="routineUsesOfRecords"><xhtmlContent><p>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
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.
</p><p>1. On its own initiative, VA may disclose information, except for the names and home address of
veterans and their dependents, to a Federal, state, local, tribal or foreign 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, rule or order issued pursuant
thereto. On its own initiative, VA may also disclose 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, rule or order issued pursuant thereto.
</p><p>2. Disclosure may be made to an agency in the executive, legislative, or judicial branch, or the
District of Columbia government in response to its request or at the initiation of VA, in connection
with the letting of a contract, 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 decision. However, names and addresses of veterans
and their dependents will be released only to Federal entities.
</p><p>3. Disclosure may be made to a Congressional office from the record of an individual in response
to an inquiry from the Congressional office made at the request of that individual.
</p><p>4. Disclosure may be made to National Archives and Records Administration (NARA) in records
management inspections conducted under authority of Title 44 U.S.C.
</p><p>5. Disclosure may be made 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.
</p><p>6. Any information in this system of records, including personal information obtained from other
Federal agencies through computer-matching programs, may be disclosed for the purposes identified
below to any third party, except consumer reporting agencies, in connection with any proceeding for
the collection of an amount owed to the United States by virtue of a person's participation in any
benefit program administered by VA. Information may be disclosed under this routine use only to the
extent that it is reasonably necessary for the following purposes: (a) To assist VA in collection of
Title 38 overpayments, overdue indebtedness, and/or costs of services provided individuals not
entitled to such services; and (b) to initiate civil or criminal legal actions for collecting
amounts owed to the United States and/or for prosecuting individuals who willfully or fraudulently
obtain Title 38 benefits without entitlement. This disclosure is consistent with 38 U.S.C. 5701(b)
(6).
</p><p>7. The name and address of a veteran, other information as is reasonably necessary to identify
such veteran, including personal information obtained from other Federal agencies through computer
matching programs, and any information concerning the veteran's indebtedness to the United States by
virtue of the person's participation in a benefits program administered by VA may be disclosed to a
consumer reporting agency for purposes of assisting in the collection of such indebtedness, provided
that the provisions of 38 U.S.C. 5701(g)(4) have been met.
</p><p>8. The name of a veteran, or other beneficiary, other information as is reasonably necessary to
identify such individual, and any information concerning the individual's indebtedness by virtue of
a person's participation in a medical care and treatment program administered by VA, may be
disclosed to the Treasury Department, Internal Revenue Service, for the collection of indebtedness
arising from such program by the withholding of all or a portion of the person's Federal income tax
refund. These records may be disclosed as part of a computer-matching program to accomplish these
purposes.
</p><p>9. Relevant information (excluding medical treatment information related to drug or alcohol
abuse, infection with the human immunodeficiency virus or sickle cell anemia) may be disclosed to
HHS for the purpose of identifying improper duplicate payments made by Medicare fiscal
intermediaries where VA was authorized and was responsible for payment for medical services obtained
at non-VA healthcare facilities.
</p><p>10. The social security number, universal personal identification number, NPI, credentials, and
other identifying information of a healthcare provider may be disclosed to a third party where the
third party requires the Department provide that information before it will pay for medical care
provided by VA.
</p><p>11. Relevant information may be disclosed to individuals, organizations, private or public
agencies, etc., with whom VA has a contract or agreement to perform such services as VA may deem
practical for the purposes of laws administered by VA, in order for the contractor and/or
subcontractor to perform the services of the contract or agreement.
</p><p>12. 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: (a) Any payment
for the benefit of a physician, dentist, or other licensed healthcare 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; (b) a final
decision which relates to possible incompetence or improper professional conduct that adversely
affects the clinical privileges of a physician, dentist or other licensed healthcare practitioner
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, dentist, or other licensed healthcare
practitioner either while under investigation by the healthcare 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.
</p><p>13. Relevant information may be disclosed from this system of records to any third party or
Federal agency such as the Department of Defense, Office of Personnel Management, HHS and
government-wide third-party insurers responsible for payment of the cost of medical care for the
identified patients, in order for VA to seek recovery of the medical care costs. These records may
also be disclosed as part of a computer-matching program to accomplish these purposes.
</p><p>14. Relevant information, including the nature and amount of a financial obligation, may be
disclosed in order to assist VA in the collection of unpaid financial obligations owed VA, to a
debtor's employing agency or commanding officer, so that the debtor-employee may be counseled by his
or her Federal employer or commanding officer. This purpose is consistent with 5 U.S.C. 5514, 4 CFR
102.5, and section 206 of Executive Order 11222 of May 8, 1965 (30 FR 6469).
</p><p>15. Identifying information such as 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/re-privileging of
healthcare practitioners, and at 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.
</p><p>16. Disclosure of individually-identifiable health information including billing information for
the payment of care may be made by appropriate VA personnel, to the extent necessary and on a need-
to-know basis consistent with good medical-ethical practices, to family members and/or the person(s)
with whom the patient has a meaningful relationship.
</p><p>17. Provider identifying information may be disclosed from this System of Records to CMS to test
the enumeration system for the NPI and once the system is operational, to obtain an NPI for any
eligible healthcare professional providing examination or treatment with VA healthcare facilities.
</p><p>18. Relevant information may be disclosed to non-VA health care providers or their agents where
the non-VA health care provider provides health care treatment to veterans and requires the
Department provide that information in order for that entity or its agent to submit, or in
anticipation of submission of, a health care reimbursement claim or, in the case of the NPI, for
permissible purposes specified in the HIPAA legislation (45 CFR Part 162).
</p><p>19. Relevant information may be disclosed to an academic affiliate with which VA maintains a
business relationship, where the VA provider also maintains an appointment to that academic
affiliate's medical staff. This disclosure is to support, or in anticipation of supporting, a health
care reimbursement claim(s) or, in the case of the NPI, for permissible purposes specified in the
HIPAA legislation (45 CFR Part 162).
</p><p>20. Any records may be disclosed to appropriate agencies, entities, and persons under the
following circumstances: When (1) it is suspected or confirmed that the security 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 or integrity of this system or other systems or programs (whether maintained
by the Department or another agency or entity) that rely upon the compromised information; and (3)
the disclosure is made to such agencies, entities, and persons who are reasonably necessary to
assist in connection with the Department's efforts to respond to the suspected or confirmed
compromise and prevent, minimize, or remedy such harm.
</p><p>21. VA may disclose information in 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
that is compatible with the purpose for which VA collected the records.
</p><p>22. 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.
</p><p>Disclosure to consumer reporting agencies:
</p><p>Pursuant to 5 U.S.C. 552a(b)(12), 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)).
</p></xhtmlContent></subsection>
<subsection type="policiesAndPractices"><xhtmlContent><p>Storage:</p>
<p>Records are maintained on paper or electronic media.
</p></xhtmlContent></subsection>
<subsection type="retrievability"><xhtmlContent><p>Records are retrieved by name, social security number or other assigned identifier of the
individuals on whom they are maintained, or by specific bill number assigned to the claim of the
individuals on whom they are maintained.
</p></xhtmlContent></subsection>
<subsection type="safeguards"><xhtmlContent><p>1. Access to VA working and storage areas 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
facilities are protected from outside access by the Federal Protective Service or other security
personnel.
</p><p>2. Information in VistA may only be accessed by authorized VA personnel. Access to file
information is controlled at two levels. The systems recognize authorized personnel by series of
individually unique passwords/codes as a part of each data message, and personnel are limited to
only that information in the file, which is needed in the performance of their official duties.
Information that is downloaded from VistA and maintained on personal computers is afforded similar
storage and access protections as the data that is maintained in the original files. Access to
information stored on automated storage media at other VA locations is controlled by individually
unique passwords/codes. Access by Office of Inspector General (OIG) staff conducting an audit,
investigation, or inspection at the healthcare facility, or an OIG office location remote from the
healthcare facility, is controlled in the same manner.
</p><p>3. Information downloaded from VistA and maintained by the OIG headquarters and Field Offices on
automated storage media is secured in storage areas for facilities to which only OIG staff have
access. Paper documents are similarly secured. Access to paper documents and information on
automated storage media is limited to OIG employees who have a need for the information in the
performance of their official duties. Access to information stored on automated storage media is
controlled by individually unique passwords/codes.
</p><p>4. Access to the VA Austin Automation Center (AAC) is generally restricted to AAC employees,
custodial personnel, Federal Protective Service and other security personnel. Access to computer
rooms is restricted to authorized operational personnel through electronic locking devices. All
other persons gaining access to computer rooms are escorted. Information stored in the AAC databases
may be accessed.
</p><p>5. Access to records maintained at the VA Allocation Resource Center (ARC) and the VISN Offices
is restricted to VA employees who have a need for the information in the performance of their
official duties. Access to information stored in electronic format is controlled by individually
unique passwords/codes. Records are maintained in manned rooms during working hours. The facilities
are protected from outside access during non-working hours by the Federal Protective Service or
other security personnel.
</p></xhtmlContent></subsection>
<subsection type="retentionAndDisposal"><xhtmlContent><p>Paper records and information stored on electronic storage media are maintained and disposed
of in accordance with records disposition authority approved by the Archivist of the United States.
</p></xhtmlContent></subsection>
<subsection type="systemManager"><xhtmlContent><p>The official responsible for policies and procedures is the Chief Business Officer, Chief
Business Office (16), Department of Veterans Affairs, 810 Vermont Avenue, NW., Washington, DC 20420.
The local officials responsible for maintaining the system are the Director of the facility where
the individual is or was associated.
</p></xhtmlContent></subsection>
<subsection type="notificationProcedure"><xhtmlContent><p>An 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
record, should submit a written request or apply in person to the last VA healthcare facility where
care was rendered. Addresses of VA healthcare facilities may be found in VA Appendix 1 of the
biennial publication of VA Privacy Act Issuances. All inquiries must reasonably identify the place
and approximate date that medical care was provided. Inquiries should include the patient's full
name, social security number, insurance company information, policyholder and policy identification
number as well as a return address.
</p></xhtmlContent></subsection>
<subsection type="recordAccessProcedures"><xhtmlContent><p>Individuals seeking information regarding access to and contesting of records in this system
may write, call or visit the VA facility location where they were treated.
</p></xhtmlContent></subsection>
<subsection type="contestingRecordProcedures"><xhtmlContent><p>(See Record Access Procedures above.)
</p></xhtmlContent></subsection>
<subsection type="recordSourceCategories"><xhtmlContent><p>The patient, family members or guardian, and friends, employers or other third parties when
otherwise unobtainable from the patient or family; health insurance carriers; private medical
facilities and healthcare professionals; state and local agencies; other Federal agencies; VA
regional offices; Veterans Benefits Administration automated record systems, including Veterans and
Beneficiaries Identification and Records Location Subsystem-VA (38VA23) and the Compensation,
Pension, Education and Rehabilitation Records-VA (58VA21/22); and various automated systems
providing clinical and managerial support at VA healthcare facilities to include Health Care
Provider Credentialing and Privileging Records-VA (77VA10Q) and Veterans Health Information Systems
and Technology Architecture (VistA) (79VA19).
</p></xhtmlContent></subsection></section>
<section id="114VA17" toc="yes">
<systemNumber>114VA17</systemNumber>
<subsection type="systemName">The Revenue Program-Billing and Collections Records-VA
</subsection>
<subsection type="systemLocation"><xhtmlContent><p>Records are maintained at each VA health care facility, (in most cases, back-up computer
tape information is stored at off-site locations). Address locations for VA facilities are listed in
VA Appendix 1 of the biennial publication of VA Privacy Act Issuances. In addition, information from
these records or copies of records may be maintained at the Department of Veterans Affairs (VA), 810
Vermont Ave. NW., Washington, DC; the VA Austin Automation Center (AAC), Austin, Texas; Veterans
Integrated Service Network (VISN) Offices; and the VA Allocation Resource Center (ARC), Boston,
Massachusetts.
</p></xhtmlContent></subsection>
<subsection type="categoriesOfIndividuals"><xhtmlContent><p>1. Veterans who have applied for health care services under Title 38, United States Code,
Chapter 17, and in certain cases members of their immediate families.
</p><p>2. Beneficiaries of other Federal agencies.
</p><p>3. Individuals examined or treated under contract or resource sharing agreements.
</p><p>4. Individuals examined or treated for research or donor purposes.
</p><p>5. Individuals who have applied for title 38 benefits but who do not meet the requirements under
title 38 to receive such benefits.
</p><p>6. Individuals who were provided medical care under emergency conditions for humanitarian
reasons.
</p><p>7. International Government responsible for pensioned members of allied forces (Allied
Beneficiaries) who are provided health care services under Title 38, United States Code, Chapter 1.
</p><p>8. Health care professionals providing examination or treatment to any individuals within VA
health care facilities.
</p><p>9. Health care professionals providing examination or treatment to individuals under contract or
resource sharing agreements.
</p></xhtmlContent></subsection>
<subsection type="categoriesOfRecords"><xhtmlContent><p>The records may include information related to:
</p><p>1. The social security number and insurance policy number of the veteran and/or veteran's spouse.
The record may include other identifying information (e.g., name, date of birth, age, sex, marital
status) and address information (e.g., home and/or mailing address, home telephone number).
</p><p>2. Insurance information specific to the veteran and/or spouse to include annual deductibles and
benefits.
</p><p>3. Diagnostic codes (ICD9-CM, CPT-4, and any other coding system) pertaining to the
individual's medical, surgical, psychiatric, dental and/or psychological examination or treatment.
</p><p>4. Charges claimed to an insurance company based on treatment/services provided to the patient.
</p><p>5. Charges billed to those veterans who are required to meet copayment obligations for
treatment/services rendered by the VA.
</p><p>6. The name, social security number and/or universal personal identification number of health
care providers.
</p></xhtmlContent></subsection>
<subsection type="authorityForMaintenance"><xhtmlContent><p>Title 38, United States Code, sections 1710 and 1729.
</p></xhtmlContent></subsection>
<subsection type="purpose"><xhtmlContent><p>The records and information are used for the billing of, and collections from, a third party
(insurance carriers) or other Federal agencies for medical care or services received by a veteran
for a nonservice-connected condition or from a first party, veteran required to make copayments. The
records and information are also used for the billing of and collections from other Federal agencies
for medical care or services received by an eligible beneficiary. The data may be used to identify
and/or verify insurance coverage of a veteran or veteran's spouse prior to submitting claims for
medical care or services. The data may be used to support appeals for non-reimbursement of claims
for medical care or services provided to a veteran. The data may be used to enroll health care
providers with health plans and VA's health care clearinghouse in order to electronically file third
party claims. The records and information may be used for statistical analyses to produce various
management, tracking and follow-up reports, to track and trend the reimbursement practices of
insurance carriers, and to track billing and collection information.
</p></xhtmlContent></subsection>
<subsection type="routineUsesOfRecords"><xhtmlContent><p>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
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.
</p><p>1. On its own initiative, VA may disclose information, except for the names and home address of
veterans and their dependents, to a Federal, State, local, tribal or foreign 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, rule or order issued pursuant
thereto. On its own initiative, VA may also disclose 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, rule or order issued pursuant thereto.
</p><p>2. 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, in
connection with the letting of a contract, 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 decision. However, names and addresses of
veterans and their dependents will be released only to Federal entities.
</p><p>3. Disclosure may be made to a Congressional office from the record of an individual in response
to an inquiry from the Congressional office made at the request of that individual.
</p><p>4. Disclosure may be made to National Archives and Records Administration (NARA) in records
management inspections conducted under authority of Title 44 U.S.C.
</p><p>5. Disclosure may be made 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.
</p><p>6. Any information in this system of records, including personal information obtained from other
Federal agencies through computer-matching programs, may be disclosed for the purposes identified
below to any third party, except consumer reporting agencies, in connection with any proceeding for
the collection of an amount owed to the United States by virtue of a person's participation in any
benefit program administered by VA. Information may be disclosed under this routine use only to the
extent that it is reasonably necessary for the following purposes: (a) To assist VA in collection of
title 38 overpayments, overdue indebtedness, and/or costs of services provided individuals not
entitled to such services; and (b) to initiate civil or criminal legal actions for collecting
amounts owed to the United States and/or for prosecuting individuals who willfully or fraudulently
obtain title 38 benefits without entitlement. This disclosure is consistent with 38 U.S.C. 5701(b)
(6).
</p><p>7. The name and address of a veteran, other information as is reasonably necessary to identify
such veteran, including personal information obtained from other Federal agencies through computer
matching programs, and any information concerning the veteran's indebtedness to the United States by
virtue of the person's participation in a benefits program administered by VA may be disclosed to a
consumer reporting agency for purposes of assisting in the collection of such indebtedness, provided
that the provisions of 38 U.S.C. 5701(g)(4) have been met.
</p><p>8. The name of a veteran, or other beneficiary, other information as is reasonably necessary to
identify such individual, and any information concerning the individual's indebtedness by virtue of
a person's participation in a medical care and treatment program administered by VA, may be
disclosed to the Treasury Department, Internal Revenue Service, for the collection of indebtedness
arising from such program by the withholding of all or a portion of the person's Federal income tax
refund. These records may be disclosed as part of a computer-matching program to accomplish these
purposes.
</p><p>9. Relevant information (excluding medical treatment information related to drug or alcohol
abuse, infection with the human immunodeficiency virus or sickle cell anemia) may be disclosed to
the Department of Health and Human Services (HHS) for the purpose of identifying improper duplicate
payments made by Medicare fiscal intermediaries where VA authorized and was responsible for payment
for medical services obtained at non-VA health care facilities.
</p><p>10. The social security number, universal personal identification number and other identifying
information of a health care provider may be disclosed to a third party where the third party
requires the agency to provide that information before it will pay for medical care provided by VA.
</p><p>11. Relevant information may be disclosed to individuals, organizations, private or public
agencies, etc., with whom VA has a contract or agreement to perform such services as VA may deem
practical for the purposes of laws administered by VA, in order for the contractor to perform the
services of the contract or agreement.
</p><p>12. 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: (a) 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; (b) 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, (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.
</p><p>13. Patient identifying information may be disclosed from this system or records to any third
party or Federal agency such as the Department of Defense, Office of Personnel Management, HHS and
government-wide third-party insurers responsible for payment of the cost of medical care for the
identified patients in order for VA to seek recovery of the medical care costs. These records may
also be disclosed as part of a computer-matching program to accomplish these purposes.
</p><p>14. Relevant information, including the nature and amount of a financial obligation, may be
disclosed, in order to assist VA in the collection of unpaid financial obligations owed the VA, to a
debtor's employing agency or commanding officer so that the debtor-employee may be counseled by his
or her Federal employer or commanding officer. This purpose is consistent with 5 U.S.C. 5514, 4 CFR
102.5, and section 206 of Executive Order 11222 of May 8, 1965 (30 FR 6469).
</p><p>Disclosure to consumer reporting agencies:
</p><p>Pursuant to 5 U.S.C. 552a(b)(12), 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)).
</p></xhtmlContent></subsection>
<subsection type="policiesAndPractices"><xhtmlContent><p>Storage:</p>
<p>Records are maintained on paper or electronic media.
</p></xhtmlContent></subsection>
<subsection type="retrievability"><xhtmlContent><p>Records are retrieved by name, social security number or other assigned identifier of the
individuals on whom they are maintained or by specific bill number assigned to the claim of the
individuals on whom they are maintained.
</p></xhtmlContent></subsection>
<subsection type="safeguards"><xhtmlContent><p>1. Access to VA working and storage areas 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
facilities are protected from outside access by the Federal Protective Service or other security
personnel.
</p><p>2. Information in VistA may only be accessed by authorized VA personnel. Access to file
information is controlled at two levels. The systems recognize authorized personnel by series of
individually unique passwords/codes as a part of each data message, and personnel are limited to
only that information in the file, which is needed in the performance of their official duties.
Information that is downloaded from VistA and maintained on personal computers is afforded similar
storage and access protections as the data that is maintained in the original files. Access to
information stored on automated storage media at other VA locations is controlled by individually
unique passwords/codes. Access by Office of Inspector General (OIG) staff conducting an audit,
investigation, or inspection at the health care facility, or an OIG office location remote from the
health care facility, is controlled in the same manner.
</p><p>3. Information downloaded from VistA and maintained by the OIG headquarters and Field Offices on
automated storage media is secured in storage areas for facilities to which only OIG staff have
access. Paper documents are similarly secured. Access to paper documents and information on
automated storage media is limited to OIG employees who have a need for the information in the
performance of their official duties. Access to information stored on automated storage media is
controlled by individually unique passwords/codes.
</p><p>4. Access to the VA Austin Automation Center (AAC) is generally restricted to AAC employees,
custodial personnel, Federal Protective Service and other security personnel. Access to computer
rooms is restricted to authorized operational personnel through electronic locking devices. All
other persons gaining access to computer rooms are escorted. Information stored in the AAC databases
may be accessed.
</p><p>5. Access to records maintained at the VA Allocation Resource Center (ARC) and the VISN Offices
is restricted to VA employees who have a need for the information in the performance of their
official duties. Access to information stored in electronic format is controlled by individually
unique passwords/codes. Records are maintained in manned rooms during working hours. The facilities
are protected from outside access during non-working hours by the Federal Protective Service or
other security personnel.
</p></xhtmlContent></subsection>
<subsection type="retentionAndDisposal"><xhtmlContent><p>Paper records and information stored on electronic storage media are maintained and disposed
of in accordance with records disposition authority approved by the Archivist of the United States.
</p></xhtmlContent></subsection>
<subsection type="systemManager"><xhtmlContent><p>The official responsible for policies and procedures is the Director, Revenue Office (174),
Department of Veterans Affairs, 810 Vermont Avenue, NW., Washington, DC 20420. The local officials
responsible for maintaining the system are the Director of the facility where the individual is or
was associated.
</p></xhtmlContent></subsection>
<subsection type="notificationProcedure"><xhtmlContent><p>An 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
record, should submit a written request or apply in person to the last VA health care facility where
care was rendered. Addresses of VA health care facilities may be found in VA Appendix 1 of the
biennial publication of VA Privacy Act Issuances. All inquiries must reasonably identify the place
and approximate date that medical care was provided. Inquiries should include the patient's full
name, social security number, insurance company information, policyholder and policy identification
number as well as a return address.
</p></xhtmlContent></subsection>
<subsection type="recordAccessProcedures"><xhtmlContent><p>Individuals seeking information regarding access to and contesting of records in this system
may write, call or visit the VA facility location where they were treated.
</p></xhtmlContent></subsection>
<subsection type="contestingRecordProcedures"><xhtmlContent><p>(See Record Access Procedures above.)
</p></xhtmlContent></subsection>
<subsection type="recordSourceCategories"><xhtmlContent><p>The patient, family members or guardian, and friends, employers or other third parties when
otherwise unobtainable from the patient or family; health insurance carriers; private medical
facilities and health care professionals; State and local agencies; other Federal agencies; VA
regional offices; Veterans Benefits Administration automated record systems, including Veterans and
Beneficiaries Identification and Records Location Subsystem--VA (38VA23) and the Compensation,
Pension, Education and Rehabilitation Records--VA (58VA21/22); and various automated systems
providing clinical and managerial support at VA health care facilities to include Veterans Health
Information Systems and Technology Architecture (VistA) (79VA19).
</p></xhtmlContent></subsection></section>
<section id="115VA10" toc="yes">
<systemNumber>115VA10</systemNumber>
<subsection type="systemName">Education Debt Reduction Program-VA.
</subsection>
<subsection type="systemLocation"><xhtmlContent><p>Records will be maintained at the Health Care Staff Development and
</p><p>Retention Office (HCSDRO/10A2D), Veterans Health Administration, Department of Veterans Affairs
(VA), 1555 Poydras Street, Suite 1971, New Orleans, Louisiana 70112; the Austin Automation Center,
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 VA Appendix 1 of the Biennial Publication of Privacy Act
Issuances. Complete records will be maintained only at the HCSDRO address.
</p></xhtmlContent></subsection>
<subsection type="categoriesOfIndividuals"><xhtmlContent><p>VA employees who apply for and are granted or denied educational assistance awards under the
provisions of the VA Education Debt Reduction Program (EDRP) serving under an appointment under
Title 38 U.S.C., Section 7402(b) in a position for which retention of qualified healthcare personnel
is difficult.
</p></xhtmlContent></subsection>
<subsection type="categoriesOfRecords"><xhtmlContent><p>Records (or information contained in records) in this system may include: Personal
identification information related to the application material, award processes, employment, and
EDRP service periods such as (1) name, (2) employing facility number, (3) telephone number(s), (4)
social security number, (5) debt reduction payment amounts, (6) dates of service periods, (7) name
and address of the lending institution, (8) academic degree obtained for which EDRP funding is
requested, (9) name and address of academic institution, (10) original amount of loan, and (11)
current loan balance. Most of this information is contained on the application for an EDRP award
including the applicant's full name, employing facility number, home and work telephone numbers,
social security number, job title, degree obtained for which funding is requested, name and address
of the academic institution, and the amount and number of debt reduction payments requested. The
EDRP Loan Verification Form contains the candidate's name and social security number, name and
address of the lending institution, original loan amount, current loan amount, and the purpose of
the loan as stated on the loan application. The EDRP Acceptance of Conditions contains the name of a
candidate approved for an award and the authorized number of debt reduction payments and their
related amounts.
</p></xhtmlContent></subsection>
<subsection type="authorityForMaintenance"><xhtmlContent><p>Title 38, U.S.C., Sections 501, 503, 7451, 7452, and 7431-7440.
</p></xhtmlContent></subsection>
<subsection type="purpose"><xhtmlContent><p>The records and information may be used for determining and documenting individual applicant
eligibility for debt reduction awards; determining the debt reduction payment amounts and the
related service periods for award recipients; ensuring that award amounts are consistent with
applicable law, regulations and policy; monitoring the employment status of scholarship recipients
during their service periods; terminating an employee's participation in the program; and evaluating
and reporting program results and effectiveness.
</p></xhtmlContent></subsection>
<subsection type="routineUsesOfRecords"><xhtmlContent><p>To the extent that records contained in the system include information protected by 45 CFR
Parts 160 and 164, <i>i.e.,</i> individually identifiable health information, and 38 U.S.C. 7332, <i
>i.e.,</i> 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 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.
</p><p>1. Disclosure of any information in this system that is necessary to verify authenticity of the
application may be made to lending institutions and other relevant organizations or individuals.
</p><p>2. Disclosure of any information in this system may be made to a Federal agency in order to
determine if an applicant has any obligation under another Federal program that would render the
applicant ineligible to participate in the Education Debt Reduction Program.
</p><p>3. Any information in the 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.
</p><p>4. 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.
</p><p>5. Disclosure may be made to the National Archives and Record Administration (NARA) and the
General Services Administration (GSA) in records management inspections conducted under authority of
Title 44 United States Code.
</p><p>6. Disclosure of information to the Federal Labor Relations Authority (FLRA), including its
General Counsel, when requested in connection with the investigation and resolution of allegations
of unfair labor practices, in connection with the resolution of exceptions to arbitrator awards when
a question of material fact is raised, in connection with matters before the Federal Service
Impasses Panel, and to investigate representation petitions and conduct or supervise representation
elections.
</p><p>7. 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.
</p><p>8. Disclosure may be made to the VA-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 VA under medical evaluation (formerly fitness-for-duty)
examination procedures or Department-filed disability retirement procedures.
</p><p>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.
</p><p>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 of the Commission as authorized by law or regulation.
</p><p>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 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
that is compatible with the purpose for which VA collected the records.
</p><p>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.
</p><p>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.
</p><p>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.
</p><p>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.
</p><p>Disclosure to consumer reporting agencies:
</p><p>Pursuant to 5 U.S.C. 552a(b)(12), 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)).
</p></xhtmlContent></subsection>
<subsection type="policiesAndPractices"><xhtmlContent><p>Storage:</p>
<p>Records are maintained on paper, electronic media and computer printouts.
</p></xhtmlContent></subsection>
<subsection type="retrievability"><xhtmlContent><p>Records are retrieved by use of the award number or an equivalent participant account number
assigned by HCSDRO, Social Security Number and the name of the individual.
</p></xhtmlContent></subsection>
<subsection type="safeguards"><xhtmlContent><p>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 need-to-know basis. During non-working hours the file is locked
and the building is protected by contracted building security services. Records stored on electronic
media are maintained on a VA-approved and managed, password-protected, secure 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 Automation Center (AAC) in Austin, Texas, are provided equivalent safeguards subject
to local policies mandating protection of information subject to federal safeguards.
</p></xhtmlContent></subsection>
<subsection type="retentionAndDisposal"><xhtmlContent><p>Records will be maintained and disposed of in accordance with records disposition authority
approved by the Archivist of the United States.
</p></xhtmlContent></subsection>
<subsection type="systemManager"><xhtmlContent><p>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.
</p></xhtmlContent></subsection>
<subsection type="notificationProcedure"><xhtmlContent><p>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.
</p></xhtmlContent></subsection>
<subsection type="recordAccessProcedures"><xhtmlContent><p>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.
</p></xhtmlContent></subsection>
<subsection type="contestingRecordProcedures"><xhtmlContent><p>(See Record Access Procedures above.)
</p></xhtmlContent></subsection>
<subsection type="recordSourceCategories"><xhtmlContent><p>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.
</p></xhtmlContent></subsection></section>
<section id="116VA08" toc="yes">
<systemNumber>116VA08</systemNumber>
<subsection type="systemName">Historical Alternative Dispute Resolution Data-VA.
</subsection>
<subsection type="systemLocation"><xhtmlContent><p>VA stores data from the System of Records at the Capital Region Data Center, 882 T J Jackson
Drive, Falling Waters, WV 25419. The originals of related documents are maintained in the Office of
the Assistant Secretary for Resolution Management, 810 Vermont Avenue NW., Washington, DC 20420,
under lock and key.
</p></xhtmlContent></subsection>
<subsection type="categoriesOfIndividuals"><xhtmlContent><p>The records contain information about VA employees and other individuals who have
participated in a VA alternative dispute resolution program or dispute resolution.
</p></xhtmlContent></subsection>
<subsection type="categoriesOfRecords"><xhtmlContent><p>The records may contain information related to the name, grade, and step of the ADR
requesters and respondents; the type of ADR requested, <i>e.g.,</i> mediation or arbitration; the
type of ADR used; the source of the individual(s) conducting the ADR, <i>e.g.,</i> another Federal
agency; the grades and steps of the individuals conducting the ADR process; administrative data on
the particular ADR case, <i>e.g.,</i> date requested; date concluded and total hours spent on the
ADR; the nature of the dispute, <i>e.g.,</i> discrimination or harassment; the stage in the dispute
in which ADR is inserted; the jurisdictional forum in which the dispute was located when ADR was
requested; any waiver of rights under 29 CFR part 1614; the terms of any settlement agreement, <i>
e.g.,</i> damages, attorneys fees, reassignment; and the satisfaction of the parties with the ADR
process and the source of the neutral third party who conducted the procedure, <i>e.g.,</i> the
facility's program, a local shared neutral's program, the national program, or a private, non
governmental program.
</p></xhtmlContent></subsection>
<subsection type="authorityForMaintenance"><xhtmlContent><p>Title 5, United States Code, sections 571-584; Federal Acquisition Regulation; Part
33, Protests, Disputes, and Appeals and/or VA Acquisition Regulation, Part 833, Protests, Disputes,
and Appeals; and Title 29, Code of Federal Regulations, Part 1614.
</p></xhtmlContent></subsection>
<subsection type="purpose"><xhtmlContent><p>VA will use the information to track and monitor agency dispute resolution activities at the
local level. VA also intends to analyze the data to evaluate ADR utilization VA-wide, identify
agency ADR best practices, and determine whether certain forms of ADR may be more appropriate in
various types of cases.
</p></xhtmlContent></subsection>
<subsection type="routineUsesOfRecords"><xhtmlContent><p>1. Disclosure may be made to a Congressional office from the record of an individual in
response to an inquiry from the Congressional office made at the request of that individual.
</p><p>2. VA may disclose information from this system to the National Archives and Records
Administration (NARA) and General Services Administration (GSA) in records management inspections
conducted under the authority of title 44, U.S.C.
</p><p>3. Records from this system of records may be disclosed to the Department of Justice (DOJ) or in
a proceeding before a court, adjudicative body, or other administrative body before which the agency
is authorized to appear when: (1) The agency, or any component thereof; (2) any employee of the
agency in his or her official capacity, where DOJ or the agency has agreed to represent the
employee; or (3) the United States, when the agency determines that litigation is likely to affect
the agency or any of its components; is a party to litigation, and has an interest in such
litigation, and the use of such records by DOJ or the agency is deemed by the agency to be relevant
and necessary to the litigation, provided, however, that the disclosure is compatible with the
purpose for which the records were collected.
</p><p>4. 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.
</p><p>5. VA may disclose on its own initiative any information in this system, except the names and
home addresses of Veterans and their dependents, that is relevant to a suspected 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, 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 home 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.
</p><p>6. Disclosure may be made to an appeal, grievance, hearing, or complaints examiner; an equal
employment opportunity investigator, arbitrator, or mediator; and an exclusive representative or
other person authorized to investigate or settle a grievance, complaint, or appeal filed by an
individual who is the subject of the record.
</p><p>7. Disclosure may be made to the Office of Personnel Management (OPM), the Office of Management
and Budget (OMB), and the Government Accountability Office (GAO) in order for them to perform their
responsibilities for evaluating Federal programs.
</p><p>8. 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.
</p><p>9. Information may be disclosed to officials of the Merit Systems Protection Board or 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.
</p><p>10. Information may be disclosed to the Equal Employment Opportunity Commission when requested in
connection with investigations of alleged or possible discriminatory practices, examination of
Federal affirmative employment programs, or for other functions of the Commission as authorized by
law.
</p><p>11. Information may be disclosed to the Federal Labor Relations Authority (including its General
Counsel) when appropriate jurisdiction has been established and the information has been requested
in connection with the investigation and resolution of allegations of unfair labor practices or in
connection with the resolution of exceptions to arbitration awards when a question of material fact
is raised; and to the Federal Service Impasses Panel in matters they are considering.
</p><p>12. VA may, on its own initiative, disclose information to other Federal agencies to assist them
in preventing and detecting possible fraud or abuse by individuals in their operations or programs.
</p><p>13. VA may, on its own initiative, disclose any information or records to appropriate agencies,
entities, or 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 protect services as provided in 38 U.S.C.
5724 as the terms are defined in 38 U.S.C. 5727.
</p></xhtmlContent></subsection>
<subsection type="policiesAndPractices"><xhtmlContent><p>Storage:</p>
<p>Records are maintained on the VA's Office of Resolution Management Web Server System in the
Citizens Disaster Response Center (CDRC) in Falling Waters, West Virginia.
</p></xhtmlContent></subsection>
<subsection type="retrievability"><xhtmlContent><p>Records are retrieved by employee name, VA ADR case number, VA EEO case number, or VA
facility number of the parties who participate in the VA ADR process.
</p></xhtmlContent></subsection>
<subsection type="safeguards"><xhtmlContent><p>Access to and use of these records is limited to those persons whose official duties require
such access. Access to the VA Historical Alternative Dispute Resolution Data system of records is
controlled by using an individually unique user identification code. Physical access to the facility
where the "VA Historical Alternative Dispute Resolution Data" is maintained and
controlled at all hours by the Federal Protective Service, VA, or other security personnel and
security access control devices. Public use files prepared for purposes of research and analysis are
purged of personal identifiers.
</p></xhtmlContent></subsection>
<subsection type="retentionAndDisposal"><xhtmlContent><p>Records are maintained during the employee participant's for a period of 20 calendar years
and subsequently disposed of in accordance with records disposition authority processes established
by the Archivist of the United States.
</p></xhtmlContent></subsection>
<subsection type="systemManager"><xhtmlContent><p>Official responsible for policies and procedures: Deputy Assistant Secretary for Resolution
Management, also known as the Deputy Dispute Resolution Specialist for Workplace ADR (08),
Department of Veterans Affairs, 810 Vermont Avenue NW., Washington, DC 20420.
</p></xhtmlContent></subsection>
<subsection type="notificationProcedure"><xhtmlContent><p>Individuals who wish to determine whether this system of records contains information about
them should address written inquiries to Deputy Dispute Resolution Specialist for Workplace ADR
(08), Department of Veterans Affairs, 810 Vermont Avenue NW., Washington, DC 20420. Inquiries should
include: (1) The individual's name and address; (2) VA ADR or EEO case number, if known; and VA
facility or facility number where the individual was employed or applied for employment.
</p></xhtmlContent></subsection>
<subsection type="recordAccessProcedures"><xhtmlContent><p>Individuals seeking information regarding access to and contesting of records in this system
may write the Deputy Dispute Resolution Specialist for Workplace ADR (08), Department of Veterans
Affairs, 810 Vermont Avenue NW., Washington, DC 20420.
</p></xhtmlContent></subsection>
<subsection type="contestingRecordProcedures"><xhtmlContent><p>(See Record Access Procedures above.)
</p></xhtmlContent></subsection>
<subsection type="recordSourceCategories"><xhtmlContent><p>Information in this system of records is provided by employees who serve as local ADR
program coordinators who obtain information from the ADR program participants.
</p></xhtmlContent></subsection></section>
<section id="117VA103" toc="yes">
<systemNumber>117VA103</systemNumber>
<subsection type="systemName">Veteran Canteen Service (VCS) Payroll Deduction System (PDS)-VA.
</subsection>
<subsection type="systemLocation"><xhtmlContent><p>Individual purchase records are maintained in the VCS office at each Department of Veterans
Affairs (VA) health care facility. Addresses for VA facilities are listed in VA Appendix 1. In
addition, information from these records or copies of records are maintained in a centralized
electronic database at the Austin Automation Center (AAC), 1615 East Woodward Street, Austin TX,
78772.
</p></xhtmlContent></subsection>
<subsection type="categoriesOfIndividuals"><xhtmlContent><p>The individuals covered by the system encompass permanent VA employees, also known as
customers, who participate in the VCS Payroll Deduction System, which permits them to pay for
purchases in VCS canteens through deduction from their pay.
</p></xhtmlContent></subsection>
<subsection type="categoriesOfRecords"><xhtmlContent><p>These records include the following information:
</p><p>--Customer identification information such as last name, first name, middle initial, social
security number;
</p><p>--Customer purchases made under the program;
</p><p>--Payroll payments, cash payments, refunds for returned merchandise, and refunds for
overpayments;
</p><p>--Customer account balances and amounts written-off as uncollectible;
</p><p>--Customer pay status when customer is in a "without pay" status;
</p><p>--Identification of VCS employees creating customer transactions is by manual or electronic
data capture. Manual transactions can be traced by a user ID within the payroll deduction system
that identifies the individual entering the manual transaction. Electronic transactions can be
traced via cashier code of the cashier ringing the transaction into the cash register; and
</p><p>--Customer station number and canteen of purchase.
</p></xhtmlContent></subsection>
<subsection type="authorityForMaintenance"><xhtmlContent><p>Title 38, United States Code, Part V, Chapter 78.
</p></xhtmlContent></subsection>
<subsection type="purpose"><xhtmlContent><p>The records and information will be used to track customer purchases, payment and balances
due to VCS. Records may also be used to identify and submit to a customer for the purpose of debt
collection. The records and information may be used for management and analysis reports of VCS
programs.
</p></xhtmlContent></subsection>
<subsection type="routineUsesOfRecords"><xhtmlContent><p>To the extent that records contained in the system include information protected by 45 CFR
parts 160 and 164, <i>i.e.,</i> individually identifiable health information, and 38 U.S.C. 7332, <i
>i.e.,</i> 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 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.
</p><p>1. VA may disclose information from this system of records to a private debt collection agent for
the purpose of collecting unpaid balances from customers who have left VA employment without making
full payment for purchases made under the program.
</p><p>2. VA may disclose information from this system of records to the U.S. Treasury Offset Program
(TOPS) for the purpose of collecting unpaid balances from customers who have left VA employment
without making full payment for purchases made under the program. VA needs to be able to collect
unpaid balances from customers who have left VA employment without making full payment to VCS for
purchases made under the program.
</p><p>3. Disclosure may be made to the Federal Labor Relations Authority (FLRA), including its General
Counsel, when requested in connection with investigation and resolution of allegations of unfair
labor practices, in connection with the resolution of exceptions to arbitrator awards when a
question of material fact is raised, and in connection with matters before the Federal Service
Impasses Panel. The release of information to FLRA from this Privacy Act system of records is
necessary to comply with the statutory mandate under which FLRA operates.
</p><p>4. 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.
</p><p>5. 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.
</p><p>6. 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.
</p><p>7. Disclosure may be made to the National Archives and Record Administration (NARA) and the
General Services Administration records management inspections conducted under authority of Title 44
United States Code. NARA is responsible for archiving old records no longer actively used but which
may be appropriate for preservation; they are responsible in general for the physical maintenance of
the Federal government's records. VA must be able to turn records over to these agencies in order to
determine the proper disposition of such records.
</p><p>8. Disclosure of relevant information may be made to individuals, organizations, private or
public agencies, etc., with whom VA has a contract or agreement 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. VA occasionally contracts out
certain functions when this would contribute to effective and efficient operations. VA must be able
to give a contractor whatever information is necessary for the contractor to fulfill its duties. In
these situations, safeguards are provided in the contract prohibiting the contractor from using or
disclosing the information for any purpose other than that described in the contract.
</p><p>9. Disclosure 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 an individual.
Individuals sometimes request the help of a member of Congress in resolving some issues relating to
a matter before VA. The member of Congress then writes VA, and VA must be able to give sufficient
information to be responsive to the inquiry.
</p><p>10. Disclosure may be made to a Federal, State or local 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. VA must be able to provide information to agencies conducting background checks on
applicants for employment or licensure.
</p><p>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 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
that is compatible with the purpose for which VA collected the records.
</p><p>12. 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.
</p><p>13. 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.
</p><p>14. 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.
</p><p>Disclosure to consumer reporting agencies:
</p><p>Pursuant to 5 U.S.C. 552a(b)(12), VA may disclose records from this system to consumer
reporting agencies as defined in the Fair Credit Reporting Act (15 US.C. 168la(f)) or the Federal
Claims Collection Act of 1966 (31 US.C. 3701(a)(3)).
</p></xhtmlContent></subsection>
<subsection type="policiesAndPractices"><xhtmlContent><p>Storage:</p>
<p>Records are maintained primarily on a computer disk in a centralized database system. Paper
records of program Participation Agreements and individual customer records are maintained in
canteen office files.
</p></xhtmlContent></subsection>
<subsection type="retrievability"><xhtmlContent><p>Records are retrieved by name and/or Social Security number of the participating VA
employees or customers.
</p></xhtmlContent></subsection>
<subsection type="safeguards"><xhtmlContent><p>1. Access to VA work and file areas is restricted to VA personnel with a legitimate need for
the information in the performance of their official duties. Strict control measures are enforced to
ensure that access by these individuals is appropriately limited. Information stored electronically
may be accessed by authorized VCS employees at remote locations, including VA health care
facilities. Access is controlled by individually unique passwords or codes, which must be changed
periodically by the users.
</p><p>2. Physical access to the Austin VA Data Processing Center is generally restricted to Center
employees, custodial personnel, Federal Protective Service, and other security personnel. VA file
areas are generally locked after normal duty hours, and the facilities are protected from outside
access by the Federal Protective Service or other security personnel. Access to computer rooms is
restricted to authorized operational personnel through electronic locking devices. All other persons
gaining access to computer rooms are escorted.
</p><p>3. All data transmissions are encrypted to prevent disclosure of protected Privacy Act
information. Access to backup copies of data is restricted to authorized personnel in the same
manner as the Austin VA Data Processing Center.
</p></xhtmlContent></subsection>
<subsection type="retentionAndDisposal"><xhtmlContent><p>Records for active participants in the Payroll Deduction Program are maintained
indefinitely. Records for participants who leave VA employment voluntarily or involuntarily
terminate their participation in the Payroll Deduction Program are retained for three years
following the date the account attains a zero balance; or for three years following the date the
account balance is written off following unsuccessful collection action.
</p></xhtmlContent></subsection>
<subsection type="systemManager"><xhtmlContent><p>Official responsible for policies and procedures: Office of the Chief Financial Officer,
Veterans Canteen Service (103), Department of Veterans Affairs, 810 Vermont Avenue, NW., Washington,
DC 20420. Officials maintaining the system: Chief of the Canteen Service at the facility where the
individuals were associated. Addresses for VA facilities are listed in VA Appendix 1.
</p></xhtmlContent></subsection>
<subsection type="notificationProcedure"><xhtmlContent><p>Individuals who wish to determine whether this system of records contains records about them
should contact the VCS Payroll Deduction Program Specialist at the Veterans Canteen Service Central
Office (VCSCO-FC), St. Louis, Missouri 63125; telephone: (314) 845-1301. Inquiries
should include the person's full name, Social Security number, date(s) of contact, and return
address.
</p></xhtmlContent></subsection>
<subsection type="recordAccessProcedures"><xhtmlContent><p>Individuals seeking information regarding access to and contesting of records in this system
may write, call, or visit the VCS Payroll Deduction Program Specialist at the Veterans Canteen
Service Central Office (VCSCO-FC), St. Louis, Missouri 63125; telephone: (314) 845-1301.
</p></xhtmlContent></subsection>
<subsection type="contestingRecordProcedures"><xhtmlContent><p>(See Record Access Procedures above.)
</p></xhtmlContent></subsection>
<subsection type="recordSourceCategories"><xhtmlContent><p>Information in this system of records is provided by the customers who participate in the
program, VA employees and various VA systems.
</p></xhtmlContent></subsection></section>
<section id="119VA005R1C" toc="yes">
<systemNumber>119VA005R1C
</systemNumber>
<subsection type="systemName">Freedom of Information Act (FOIA) Records-VA.
</subsection>
<subsection type="systemLocation"><xhtmlContent>
<p>Records are maintained at the VA Central Office FOIA Offices, 810 Vermont Avenue, NW, Washington, DC 20420; AINS, Inc., 1355 Piccard Drive, Rockville, MD 20850, and all VA field facilities.  A list of the field facilities may be found at the following Internet address: http://www2.va.gov/directory/guide/home.asp.</p>

</xhtmlContent></subsection>
<subsection type="categoriesOfIndividuals"><xhtmlContent>
<p>This system contains records and related correspondence on individuals who have filed with VA:</p>
<p>a. Requests for information under the provisions of the Freedom of Information Act (5 U.S.C. 552), including requests for review of initial denials of such requests.</p>
<p>b. Requests under the provisions of the Privacy Act (5 U.S.C. 552a) for records about themselves where the FOIA is also relied upon to process the request and which then meet the Department of Justice’s (DOJ) standard for required reporting in the Annual FOIA Report to the Attorney General of the United States.</p>
<p>c. All persons who have requested records from VA under the provisions of the Freedom of Information Act (FOIA); all persons whose requests for records have been referred to VA by other Federal agencies; and all persons who have submitted appeals to the Secretary of VA under the provisions of the FOIA.</p>
<p>d. All persons about whom information has been requested under the provisions of the FOIA.</p>
</xhtmlContent></subsection>
<subsection type="categoriesOfRecords"><xhtmlContent>
<p>This system contains correspondence and other documents related to requests made by individuals to VA for:</p>
<p>a. Information under the provisions of the Freedom of Information Act (5 U.S.C 552), including requests for review of initial denials of such requests.</p>
<p>b. Information under provisions of the Privacy Act (5 U.S.C. 552a) and requests for review of initial denials of such requests made under VA’s Privacy Act regulations regarding requests for records about themselves where the FOIA is also relied upon to process the request and which then meet the Department of Justice’s (DOJ) standard for required reporting in the Annual FOIA Report to the Attorney General of the United States.</p>
<p>c. Name, home address, telephone number, e-mail address, FOIA case numbers assigned to individual cases, and appeals, FOIA requests and appeals, responses to requests (including unredacted and redacted responsive records), determinations of appeals, correspondence with requesters and with other persons who have contacted VA in connection with requests or appeals other than requesters or other memoranda and correspondence in connection with requests or appeals.</p>

</xhtmlContent></subsection>
<subsection type="authorityForMaintenance"><xhtmlContent>
<p>Includes the following with any revisions and amendments:</p>
<p>The Privacy Act of 1974 (5 U.S.C. 552a); the Freedom of Information Act, as amended (5 U.S.C. 552); 5 U.S.C. 301; and 38 U.S.C. 501.</p>

</xhtmlContent></subsection>
<subsection type="purpose"><xhtmlContent>
<p>The system is maintained for the purpose of processing an individual’s record request made under the provisions of the Freedom of Information and Privacy Acts.  These records are also used by VA to prepare reports required by the Freedom of Information and Privacy Acts to the Office of Management and Budget and the Department of Justice.  The proposed system of records will assist the Department of Veterans Affairs in carrying out its responsibilities under the Freedom of Information and Privacy Acts.  The records maintained in the proposed system can originate in both paper and electronic format.</p></xhtmlContent></subsection>
<subsection type="routineUsesOfRecords"><xhtmlContent>
<p>System information may be accessed and used by authorized VA employees, with a legitimate need to know, to conduct duties associated with the management and operation of the FOIA-PA program.  Information may also be disclosed as a routine use for the following purposes:</p>
<p>1. VA may disclose information from this system of records to the Office of Management and Budget (OMB) for the performance of its statutory responsibilities for evaluating Federal programs.</p>
<p>2. 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 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 that is compatible with the purpose for which VA collected the records.  </p>
<p>3. VA may disclose information from the record of an individual in response to an inquiry from a Congressional office made at the request of that individual. </p>
<p>4. VA may disclose information from this system to the National Archives and Records Administration (NARA) and General Services Administration (GSA) in records management inspections conducted under Title 44 U.S.C.</p>
<p>5. VA may disclose information from this system of records to individuals, organizations, private or public agencies, or other entities or individuals with whom VA has a contract or agreement to perform such services as VA may deem practicable for the purposes of laws administered by VA, in order for the contractor, subcontractor, public or private agency, or other entity or individual with whom VA has a contract or agreement to perform services under the contract or agreement.  </p>
<p>6. VA may, on its own initiative, disclose information in this system, except the names and home addresses of veterans and their dependents, which is relevant to a suspected 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, 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.  On its own initiative, VA may also disclose 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, rule or order issued pursuant thereto.</p>
<p>7. VA may disclose information from this system to the Equal Employment Opportunity Commission (EEOC) when requested 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 or regulation.</p>
<p>8. VA may disclose information from this system to the Merit Systems Protection Board (MSPB), or 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 authorized by law.</p>
<p>9. VA may disclose information from this system to the Federal Labor Relations Authority (FLRA), including its General Counsel, information related to the establishment of jurisdiction, investigation, and resolution of allegations of unfair labor practices, or in connection with the resolution of exceptions to arbitration awards when a question of material fact is raised; for it to address matters properly before the Federal Services Impasses Panel, investigate representation petitions, and conduct or supervise representation elections.</p>
<p>10. VA may, on its own initiative, disclose information from this system 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. </p>
<p>11. 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. </p>
<p>12. To the National Archives and Records Administration Office of Government Information Services (OGIS), to the extent necessary to fulfill its responsibilities in 5 U.S.C. 552(b), to review administrative agency policies, procedures and compliance with the Freedom of Information Act (FOIA), and to facilitate OGIS’ offering of mediation services to resolve disputes between persons making FOIA requests and administrative agencies. </p>
</xhtmlContent></subsection>
<subsection type="policiesAndPractices"><xhtmlContent>
<p>Storage:</p>
<p>Electronic data are maintained on Direct Access Storage Devices at AINS Inc., 1355 Piccard Drive, Rockville, Maryland.  AINS Inc. stores registry tapes for disaster back up at the storage location.  Registry tapes for disaster back up are also maintained at an off-site location.  VA Central Office and VA field facilities also maintain paper reports and electronic data.</p></xhtmlContent></subsection>
<subsection type="retrievability"><xhtmlContent>
<p>Records are indexed by name of requester, date and any other identifier deemed appropriate.</p>

</xhtmlContent></subsection>
<subsection type="safeguards"><xhtmlContent>
<p>This list of safeguards furnished in this System of Records is not an exclusive list of measures that has been, or will be, taken to protect individually-identifiable information.  </p>
<p>All records are maintained in compliance with applicable VA security policy directives that specify the standards that will be applied to protect sensitive personal information, including protection from unauthorized access through appropriate administrative, physical, and technical safeguards.  These safeguards include restricting access to authorized personnel who have a need-to-know, using locks and password protection identification features.  </p>

<p>Authorized personnel are required to take annual VA mandatory data privacy and security training.  Access to data storage areas is restricted to authorized VA employees or contract staff who have been cleared to work by the VA Office of Security and Law Enforcement.  File areas are locked after normal duty hours.  VA facilities are protected from outside access by the Federal Protective Service and/or other security personnel.  Security complies with applicable Federal Information Processing Standards (FIPS) issued by the National Institute of Standards and Technology (NIST).  Contractors and their subcontractors who access the data are required to maintain the same level of security as VA staff.  Access to electronic files is controlled by using an individually unique password entered in combination with an individually unique user identification code.</p>

</xhtmlContent></subsection>
<subsection type="retentionAndDisposal"><xhtmlContent>
<p>Records will be maintained and disposed of in accordance with records disposition authority approved by the Archivist of the United States.  Routine records will be disposed of when the agency determines they are no longer needed for administrative, legal, audit or other operational purposes.  These retention and disposal statements are pursuant to the National Archives and Records Administration (NARA) General Record Schedules GRS-20, item 1c and GRS 24, item 6a.</p>


</xhtmlContent></subsection>
<subsection type="systemManager"><xhtmlContent>
<p>Director, FOIA Service (005R1C), Department of Veterans Affairs, 810 Vermont Avenue, NW, Washington, D.C. 20420</p>

</xhtmlContent></subsection>
<subsection type="notificationProcedure"><xhtmlContent>
<p>An individual who wishes to determine whether a record is being maintained in this system under his or her name or other personnel identifier, or wants to determine the contents of such record, should submit a written request or apply in person to the last VA facility where the request or appeal was submitted or to the Director, FOIA Service (005R1C), 810 Vermont Avenue, NW, Washington, DC 20420.  Such requests must contain a reasonable description of the records requested.  Inquires should also include the following:</p>
<p>a. Name</p>
<p>b. Telephone Number and Return Address</p>
<p>c. Date of Request or Appeal</p>

</xhtmlContent></subsection>
<subsection type="recordAccessProcedures"><xhtmlContent>
<p>Individuals wishing to request access to their records maintained under his or her name may write or visit the nearest VA facility or write to their regional VA Public Liaison/FOIA officer listed at http://www.foia.va.gov/FOIA_Contacts.asp.</p>

</xhtmlContent></subsection>
<subsection type="contestingRecordProcedures"><xhtmlContent>
<p>(See "Record Access Procedures above.")</p>

</xhtmlContent></subsection>
<subsection type="recordSourceCategories"><xhtmlContent>
<p>Information in this system of records is obtained from the following: requests and administrative appeals submitted by individuals and organizations pursuant to the FOIA and Privacy Acts; VA personnel assigned to handle such requests and appeals; Agency records searched and identified as responsive to such requests and appeals; and requests referred by Agencies or other entities concerning VA records.</p></xhtmlContent></subsection>
<subsection type="exemptionsClaimed"><xhtmlContent>
<p>During the course of a FOIA action, exempt materials from other systems of records may in turn become part of the case records in this system. To the extent that copies of exempt records from those ‘other’ systems of records are entered into this FOIA case record, VA hereby claims the same exemptions for the records from those ‘other’ systems that are entered into this system, as claimed for the original primary systems of records of which they are a part.
</p></xhtmlContent></subsection></section>
<section id="121VA10P2" toc="yes">
	<systemNumber>121VA10P2
</systemNumber>
<subsection type="systemName">National Patient Databases--VA.
</subsection>
<subsection type="systemLocation"><xhtmlContent>
<p>Records are maintained at VA medical centers, VA data processing centers, VISNs and Office of Information field offices. Address location for each VA national patient database is listed in VA Appendix 4 at the end of this document.</p>
</xhtmlContent></subsection>
<subsection type="categoriesOfIndividuals"><xhtmlContent>
<p>The records contain information for all individuals (1) Receiving health care from VHA, and (2) Providing the health care. Individuals encompass Veterans and their immediate family members, members of the Armed Services, current and former employees, trainees, contractors, subcontractors, consultants, volunteers, and other individuals working collaboratively with VA.</p>
</xhtmlContent></subsection>
<subsection type="categoriesOfRecords"><xhtmlContent>
<p>The records may include information and health information related to:</p>
<p>1. Patient medical record abstract information including, but not limited to, information from Patient Medical Recordâ€"VA (24VA10P2).</p>
<p>2. Identifying information (e.g., name, birth date, death date, admission date, discharge date, gender, Social Security number, taxpayer identification number); address information (e.g., home and/or mailing address, home telephone number, emergency contact information such as name, address, telephone number, and relationship); prosthetic and sensory aid serial numbers; medical record numbers; integration control numbers; information related to medical examination or treatment (e.g., location of VA medical facility providing examination or treatment, treatment dates, medical conditions treated or noted on examination); information related to military service and status;</p>
<p>3. Medical benefit and eligibility information;</p>
<p>4. Patient workload data such as admissions, discharges, and outpatient visits; resource utilization such as laboratory tests, x-rays;</p>
<p>5. Patient Satisfaction Survey Data which include questions and responses;</p>
<p>6. External Peer Review Program (EPRP) data capture;</p>
<p>7. Online Data Collection system supported by Northeast Program Evaluation Center and VHA Support Service Center to include electronic information from all Veteran homeless programs and external sources; and</p>
<p>8. Clinically oriented information associated with My HealtheVet such as secure messages.</p>
</xhtmlContent></subsection>
<subsection type="authorityForMaintenance"><xhtmlContent>
<p>Title 38, United States Code, Section 501.</p>
</xhtmlContent></subsection>
<subsection type="purpose"><xhtmlContent>
<p>The records and information may be used for statistical analysis to produce various management, workload tracking, and follow-up reports; to track and evaluate the ordering and delivery of equipment, services, and patient care; for the planning, distribution, and utilization of resources; to monitor the performance of VISNs; and to allocate clinical and administrative support to patient medical care. The data may be used for VA's extensive research programs in accordance with VA policy. In addition, the data may be used to assist in workload allocation for patient treatment services including provider panel management, nursing care, clinic appointments, surgery, prescription processing, diagnostic and therapeutic procedures; to plan and schedule training activities for employees; for audits, reviews, and investigations conducted by the network directors office and VA Central Office; for quality assurance audits, reviews, and investigations; for law enforcement investigations; and for personnel management, evaluation and employee ratings, and performance evaluations. Survey data will be collected for the purpose of measuring and monitoring national, VISN, and facility-level performance on VHA's Veteran Health Care Service Standards (VHSS) pursuant to Executive Order 12862 and VHA Customer Service Standards Directive. The VHSS are designed to measure levels of patient satisfaction in areas that patients have defined as important in receiving quality, patient-centered health care. Results of the survey data analysis are shared throughout the VHA system. The EPRP data are collected in order to provide medical centers and outpatient clinics with diagnosis and procedure-specific quality of care information. EPRP is a contracted review of care, specifically designated to collect data to be used to improve the quality of care. The Veteran Homeless records and information will be used for case management in addition to statistical analysis to produce various management, workload tracking, and follow-up reports; to track and evaluate the goal of ending Veteran homelessness. HAIISS data will be available to VHA clinicians to use for the monitoring of health care-associated infections and for the transmittal of data to state/local health departments for biosurveillance purposes.</p>
</xhtmlContent></subsection>
<subsection type="routineUsesOfRecords"><xhtmlContent>
<p>To the extent that records contained in the system include information protected by 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; information protected by 38 U.S.C. 5705, i.e., quality assurance records; or information protected by 45 CFR Parts 160 and 164, i.e., individually identifiable health information, such information cannot be disclosed under a routine use unless there is also specific statutory authority permitting the disclosure. VA may disclose protected health information pursuant to the following routine uses where required or permitted by law.</p>
<p>1. VA may disclose on its own initiative any information in this system, except the names and home addresses of Veterans and their dependents, that is relevant to a suspected 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, 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. On its own initiative, VA may also disclose 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, rule, or order issued pursuant thereto.</p>
<p>2. Disclosure may be made to any source from which additional information is requested (to the extent necessary to identify the individual, inform the source of the purpose(s) of the request, and identify the type of information requested), when necessary to obtain or provide information relevant to an individual's eligibility, care history, or other benefits across different Federal, state, or local, public health, health care, or program benefit agencies that improves the quality and safety of health care for our Veterans.</p>
<p>3. Disclosure may be made to a Federal agency in the executive, legislative, or judicial branch, State and local Government or the District of Columbia government in response to its request or at the initiation of VA, in connection with disease tracking, patient outcomes, or other health information required for program accountability.</p>
<p>4. Disclosure may be made to the National Archives and Records Administration and the General Services Administration for records management inspections under authority of Title 44, Chapter 29, of the United States Code.</p>
<p>5. VA may disclose information in 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 disclosure 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 that is compatible with the purpose for which VA collected the records.</p>
<p>6. 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 non-government 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, in order for the agency to obtain information relevant to an agency decision concerning the hiring, retention, or termination of an employee.</p>
<p>7. Records from this system of records may be disclosed to inform a Federal agency, licensing boards, or appropriate 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 receiving medical care in the private sector or from another Federal agency.</p>
<p>8. For program review purposes and the seeking of accreditation and/or certification, disclosure may be made to survey teams of the Joint Commission, College of American Pathologists, American Association of Blood Banks, and similar national accreditation agencies or boards with whom VA has a contract or agreement to conduct such reviews but only to the extent that the information is necessary and relevant to the review.</p>
<p>9. Disclosure may be made to a national certifying body that has the 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 national certifying body 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.</p>
<p>10. Records from this system that contain information listed in 5 U.S.C. 7114(b)(4) 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.</p>
<p>11. Disclosure may be made to the 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.</p>
<p>12. VA may disclose information to officials of the Merit Systems Protection Board, or the Office of 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.</p>
<p>13. VA may disclose information to the Equal Employment Opportunity Commission when requested in connection with investigations of alleged or possible discriminatory practices, examination of Federal affirmative employment programs, or for other functions of the Commission as authorized by law or regulation.</p>
<p>14. VA may disclose information to the Federal Labor Relations Authority (including its General Counsel) information related to the establishment of jurisdiction, the investigation and resolution of allegations of unfair labor practices, or information in connection with the resolution of exceptions to arbitration awards when a question of material fact is raised; to disclose information in matters properly before the Federal Services Impasses Panel, and to investigate representation petitions and conduct or supervise representation elections.</p>
<p>15. Disclosure of medical record data, excluding name and address, unless name and address are furnished by the requester, may be made to non-Federal research facilities for research purposes determined to be necessary and proper when approved in accordance with VA policy.</p>
<p>16. Disclosure of name(s) and address(s) of present or former personnel of the Armed Services, and/or their dependents, may be made to: (a) a Federal department or agency, at the written request of the head or designee of that agency; or (b) directly to a contractor or subcontractor of a Federal department or agency, for the purpose of conducting Federal research necessary to accomplish a statutory purpose of an agency. When disclosure of this information is made directly to a contractor, VA may impose applicable conditions on the department, agency, and/or contractor to insure the appropriateness of the disclosure to the contractor.</p>
<p>17. Disclosure may be made to individuals, organizations, private or public agencies, or other entities or individuals with whom VA has a contract or agreement to perform such services as VA may deem practicable for the purposes of laws administered by VA, in order for the contractor, subcontractor, public or private agency, or other entity or individual with whom VA has an agreement or contract to perform the services of the contract or agreement. This routine use includes disclosures by the individual or entity performing the service for VA to any secondary entity or individual to perform an activity that is necessary for individuals, organizations, private or public agencies, or other entities or individuals with whom VA has a contract or agreement to provide the service to VA.</p>
<p>18. Disclosure may be made to a congressional office from the record of an individual in response to an inquiry from the congressional office made at the request of that individual.</p>
<p>19. VA may disclose information to a Federal agency for the conduct of research and data analysis to perform a statutory purpose of that Federal agency upon the prior written request of that agency, provided that there is legal authority under all applicable confidentiality statutes and regulations to provide the data and the VHA Office of Information has determined prior to the disclosure that VHA data handling requirements are satisfied.</p>
<p>20. Disclosure of limited individual identification information may be made to another Federal agency for the purpose of matching and acquiring information held by that agency for VHA to use for the purposes stated for this system of records.</p>
<p>21. 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) VA 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 VA 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 VA's efforts to respond to the suspected or confirmed compromise and prevent, minimize, or remedy such harm. This routine use permits disclosures by VA 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.</p>
<p>22. On its own initiative, VA may disclose to the general public via an Internet Web site, Primary Care Management Module information, including the names of its providers, provider panel sizes and reports on provider performance measures of quality when approved in accordance with VA policy.</p>
<p>23. 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.</p>
<p>24. VA may disclose names and addresses of present or former members of the Armed Services and/or their dependents under certain circumstances: (a) to any nonprofit organization, if the release is directly connected with the conduct of programs and the utilization of benefits under Title 38, or (b) to any criminal or civil law enforcement 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 for such names or addresses for a purpose authorized by law, provided that the records will not be used for any purpose other than that stated in the request and that the organization, agency, or instrumentality is aware of the penalty provision of 38 U.S.C. 5701(f).</p>
<p>25. VA may disclose information, including demographic information, to U.S. Department of Housing and Urban Development (HUD) for the purpose of reducing homelessness among Veterans by implementing the Federal strategic plan to prevent and end homelessness and by evaluating and monitoring the HUD-Veterans Affairs Supported Housing program.</p>
<p>26. VA may disclose health care information to the Food and Drug Administration (FDA), or a person subject to the jurisdiction of the FDA, with respect to FDA-regulated products, for purposes of reporting adverse events; product defects or problems, or biological product deviations; tracking products; enabling product recalls, repairs, or replacements; and/or conducting post marketing surveillance.</p>
</xhtmlContent></subsection>
<subsection type="policiesAndPractices"><xhtmlContent><p>Storage:</p>
<p>Records are maintained on electronic storage media including magnetic tape, disk, laser optical media.</p>

</xhtmlContent></subsection>
<subsection type="retrievability"><xhtmlContent>
<p>Records are retrieved by name, Social Security number, or other assigned identifiers of the individuals on whom they are maintained.</p>
</xhtmlContent></subsection>
<subsection type="safeguards"><xhtmlContent>
<p>1. Access to and use of national patient databases are limited to those persons whose official duties require such access, and VA has established security procedures to ensure that access is appropriately limited. Information security officers and system data stewards review and authorize data access requests. VA regulates data access with security software that authenticates users and requires individually unique codes and passwords. VA provides information security training to all staff and instructs staff on the responsibility each person has for safeguarding data confidentiality.</p>
<p>2. VA maintains Business Associate Agreements and Non-Disclosure Agreements with contracted resources in order to maintain confidentiality of the information.</p>
<p>3. Physical access to computer rooms housing national patient databases is restricted to authorized staff and protected by a variety of security devices. Unauthorized employees, contractors, and other staff are not allowed in computer rooms. The Federal Protective Service or other security personnel provide physical security for the buildings housing computer rooms and data centers.</p>
<p>4. Data transmissions between operational systems and national patient databases maintained by this system of record are protected by state-of-the-art telecommunication software and hardware. This may include firewalls, encryption, and other security measures necessary to safeguard data as it travels across the VA Wide Area Network. Data may be transmitted via a password protected spreadsheet and placed on the secured share point Web portal by the user that has been provided access to their secure file. Data can only be accessed by authorized personnel from each facility within the Polytrauma System of Care and the Physical Medicine and Rehabilitation Program Office. </p>
<p>5. In most cases, copies of back-up computer files are maintained at off-site locations.</p>
</xhtmlContent></subsection>
<subsection type="retentionAndDisposal"><xhtmlContent>
<p>The records are disposed of in accordance with General Records Schedule 20, item 4. Item 4 provides for deletion of data files when the agency determines that the files are no longer needed for administrative, legal, audit, or other operational purposes.</p>
</xhtmlContent></subsection>
<subsection type="systemManager"><xhtmlContent>
<p>Officials responsible for policies and procedures; Assistant Deputy Under Secretary for Health for Informatics and Analytics (10P2), Department of Veterans Affairs, 810 Vermont Avenue NW, Washington, DC 20420. Officials maintaining this system of records; Director, National Data Systems (10P2C), Austin Information Technology Center, 1615 Woodward Street, Austin, Texas 78772.</p>
</xhtmlContent></subsection>
<subsection type="notificationProcedure"><xhtmlContent>
<p>Individuals who wish to determine whether this system of records contains information about them should contact the Director of National Data Systems (10P2C), Austin Information Technology Center, 1615 Woodward Street, Austin, Texas 78772. Inquiries should include the person's full name, Social Security number, location and dates of employment or location and dates of treatment, and their return address.</p>
</xhtmlContent></subsection>
<subsection type="recordAccessProcedures"><xhtmlContent>
<p>Individuals seeking information regarding access to and contesting of records in this system may write or call the Director of National Data Systems (10P2C), Austin Information Technology Center, 1615 Woodward Street, Austin, Texas 78772, or call the VA National Service Desk and ask to speak with the VHA Director of National Data Systems at (512) 326-6780.</p>
</xhtmlContent></subsection>
<subsection type="contestingRecordProcedures"><xhtmlContent>
<p>(See Record Access Procedures above.)</p>
</xhtmlContent></subsection>
<subsection type="recordSourceCategories"><xhtmlContent>
<p>Information in this system of records is provided by Veterans, VA employees, VA computer systems, Veterans Health Information Systems and Technology Architecture, VA medical centers, VA Health Eligibility Center, VA program offices, VISNs, VA Austin Automation Center, the Food and Drug Administration, DoD, HUD, Survey of Healthcare Experiences of Patients, EPRP, and the following Systems Of Records: `Patient Medical Recordsâ€"VA' (24VA10P2), `National Prosthetics Patient Databaseâ€"VA' (33VA113), `Healthcare Eligibility Recordsâ€"VA' (89VA16), VA Veterans Benefits Administration automated record systems (including the Veterans and Beneficiaries Identification and Records Location Subsystemâ€"VA (38VA23), and subsequent iterations of those systems of records.</p>
</xhtmlContent></subsection></section>
<section id="122VA005P3" toc="yes">
<systemNumber>122VA005P3</systemNumber>
<subsection type="systemName">Enterprise Project Management Tool-VA
</subsection>
<subsection type="systemLocation"><xhtmlContent><p>Records will be maintained at the Hines Office of Information Field Office, Edward Hines,
Jr. Hospital, Bldg. 37, Hines, IL 60141.
</p></xhtmlContent></subsection>
<subsection type="categoriesOfIndividuals"><xhtmlContent><p>Current and former VA employees, contractors, or subcontractors acting in the capacity of
project managers and project team members on Information Technology (IT) projects.
</p></xhtmlContent></subsection>
<subsection type="categoriesOfRecords"><xhtmlContent><p>The records may include information related to: names and other identifying information,
project work activities, hours of effort spent on project activities/tasks and on non-project
activities, generic leave category or specific vacation and/or sick time, and salaries of project
managers and team members.
</p></xhtmlContent></subsection>
<subsection type="authorityForMaintenance"><xhtmlContent><p>Title 38, United States Code, section 501.
</p></xhtmlContent></subsection>
<subsection type="purpose"><xhtmlContent><p>The records will be used to track, manage, and report on the development of IT systems
within VA in order to make informed decisions and deliver projects on time through the capture and
re-use of best practices.
</p></xhtmlContent></subsection>
<subsection type="routineUsesOfRecords"><xhtmlContent><p>1. VA may disclose information to a Congressional office from the record of an individual in
response to an inquiry from the Congressional office made on behalf and at the written request of
that individual.
</p><p>2. VA may disclose information to the National Archives and Records Administration in records
management inspections conducted under authority of Title 44, United States Code.
</p><p>3. VA may disclose information to the Department of Justice (DOJ), including United States
Attorneys, or in a proceeding before a court, adjudicative body, or other administrative body when
the litigation or adjudicative or administrative process is likely to affect VA, its employees, or
any of its components, or when VA, its employees, or any of its components is a party to the
litigation or process, or has an interest in the litigation or process and the use of these records
is deemed by VA to be relevant and necessary to the litigation or process, provided that the
disclosure is compatible with the purpose for which the records were collected.
</p><p>4. VA may disclose information to individuals, organizations, private or public agencies, or
other entities with which 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.
</p><p>5. VA may disclose information to the Office of Management and Budget in order for them to
perform their statutory responsibilities for evaluating Federal programs.
</p><p>6. VA may disclose on its own initiative any information in this system, except the names of
veterans and their dependents, which is relevant to a suspected 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, 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 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, rule, or order
issued pursuant thereto.
</p><p>7. VA may disclose information to the Federal Labor Relations Authority (FLRA), including its
General Counsel, when requested in connection with the investigation and resolution of allegations
of unfair labor practices, in connection with the resolution of exceptions to arbitrator awards when
a question of material fact is raised, in connection with matters before the Federal Service
Impasses Panel, and to investigate representation petitions and conduct or supervise representation
elections.
</p><p>8. VA may disclose information 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.
</p><p>9. VA may disclose information to offices 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.
</p><p>10. VA may disclose information 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.
</p></xhtmlContent></subsection>
<subsection type="policiesAndPractices"><xhtmlContent><p>Storage:</p>
<p>Records are maintained on electronic storage media, such as disks, drives, or more
specifically, the IT Project Office database.
</p></xhtmlContent></subsection>
<subsection type="retrievability"><xhtmlContent><p>Records are retrieved by individual name or other unique identifier (not Social Security
number).
</p></xhtmlContent></subsection>
<subsection type="safeguards"><xhtmlContent><p>1. Access to VA working and storage areas is restricted to VA personnel, including
contractors or subcontractors, on a ldquo;need-to-knowrdquo; 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 facilities are protected from
outside access by the Federal Protective Service or other security personnel.
</p><p>2. Physical access to the Hines Office of Information Field Office is restricted to Center
personnel, custodial personnel, the Federal Protective Service or other security personnel, and
authorized operational personnel through electronic locking devices. All other persons gaining
access to computer rooms are escorted.
</p><p>3. Access to computer rooms is generally limited by appropriate locking devices and restricted to
authorized VA personnel. IT peripheral devices are placed in secure areas that are locked, with
limited access, or otherwise protected. Access to information stored on automated storage media at
other VA locations is controlled by individually unique passwords/codes, which must be changed
periodically by the user. Access by authorized VA employees at remote locations, including VA field
offices and health care facilities, Information Systems Centers, and VA Central Office, who may
access information stored in the computer, is controlled in the same manner.
</p></xhtmlContent></subsection>
<subsection type="retentionAndDisposal"><xhtmlContent><p>Records are disposed of in accordance with the National Archives and Records Administration
(NARA) General Records Schedule (GRS) 14, which specifies that information service project case
files in formally designated information offices be maintained for one year after close of file or
completion of project.
</p></xhtmlContent></subsection>
<subsection type="systemManager"><xhtmlContent><p>Official responsible for policies and procedures is: Director, Information Technology
Program and Project Management Service, 810 Vermont Avenue, NW., Washington, DC 20420ndash;0001,
(202) 565ndash;8828.
</p></xhtmlContent></subsection>
<subsection type="notificationProcedure"><xhtmlContent><p>Individuals seeking information on the existence and content of a record pertaining to them
should contact the VA facility at which they are or were employed, or have or made contact.
Inquiries should include the person's full name, project name, dates of work on the project, and
return address.
</p></xhtmlContent></subsection>
<subsection type="recordAccessProcedures"><xhtmlContent><p>Individuals seeking information on access to and contesting of a record in this system may
contact the VA facility where they are or were employed, or have or made contact. Inquiries should
include the person's full name, project name, dates of the project, and return address.
</p></xhtmlContent></subsection>
<subsection type="contestingRecordProcedures"><xhtmlContent><p>(See Record Access Procedures above.)
</p></xhtmlContent></subsection>
<subsection type="recordSourceCategories"><xhtmlContent><p>Information in this system of records is provided by VA employees, contractors, and
subcontractors.
</p></xhtmlContent></subsection></section>



    <section id="130VA10P2" toc="yes">
        <systemNumber>130VA10P2</systemNumber>
        <subsection type="systemName">
            My HealtheVet Administrative Records-VA.
        </subsection>
        <subsection type="systemLocation">
            <xhtmlContent>
                <p>Records are maintained at Veterans Health Administration (VHA) facilities, VA National Data Centers, VA Health Data Repository (HDR), and at the contracted data storage system located in Culpepper, Virginia.  Address locations for VHA facilities are listed in VA Appendix 1 of the biennial publications of the VA systems of records.</p>
            </xhtmlContent>
        </subsection>
        <subsection type="authorityForMaintenance">
            <xhtmlContent>
                <p>Title 38, United States Code, section 501.</p>
            </xhtmlContent>
        </subsection>
        <subsection type="purpose">
            <xhtmlContent>
                <p>The information in the My HealtheVet Administrative Records is needed to operate the My HealtheVet program including, but not limited to, registration and verification of the Veteran’s identity or to register and authenticate those who have legal authority to participate in lieu of the Veteran, to assign and verify administrators of the My HealtheVet  portal, to retrieve the Veteran’s information to perform specific functions, and to allow access to specific information and provide other associated My HealtheVet electronic services in current and future applications of the My HealtheVet program.  The administrative information may also be used to create administrative business reports for system owners and VA managers who are responsible for ensuring that the My HealtheVet system is meeting performance expectations and is in compliance with applicable Federal laws and regulations.  Administrative information may also be used for evaluation to support program improvement, including VA approved research studies.</p>
            </xhtmlContent>
        </subsection>
        <subsection type="categoriesOfIndividuals">
            <xhtmlContent>
                <p>Individuals covered by this system encompass: (1) All individuals who successfully register for a My HealtheVet account and whose identity has been verified; (2) Representatives of the above individuals who have been provided Delegate access to My HealtheVet including, but not limited to, Power of Attorney (POA), legal guardian, or VA and non-VA health care providers; (3) VA health care providers and certain administrative staff; (4) VA Office of Information and Technology (OI&amp;T) staff and/or their approved contractors who may need to enter identifying, administrative information into the system to initiate, support, and maintain electronic services for My HealtheVet participants; and (5) VA researchers fulfilling VA required authorization procedures.</p>
            </xhtmlContent>
        </subsection>
        <subsection type="categoriesOfRecords">
            <xhtmlContent>
                <p>The records include personally identifiable information, such as an individual’s full name; My HealtheVet User Identifier (ID); date of birth; Social Security number; e-mail address; telephone number; mother’s maiden name; ZIP code; place and date of registration for My HealtheVet; Delegate user IDs associated with My HealtheVet accounts; level of access to My HealtheVet electronic services; date and type of transaction; web analytics for the purpose of monitoring site usage; patient internal control number (ICN); and other administrative data needed for My HealtheVet roles and services.</p>
            </xhtmlContent>
        </subsection>
        <subsection type="recordSourceCategories">
            <xhtmlContent>
                <p>The sources of information for this system of records include the individuals covered by this notice and an additional contributor, as listed below:</p>
                <p>(1) All individuals who successfully register for a My HealtheVet account;</p>
                <p>(2) Representatives of the above individuals who have been provided access to the private health space by the Veteran user, including but not limited to, POA, or VA and non-VA health care providers;</p>
                <p>(3) VA health care providers;</p>
                <p>(4) VA OI&amp;T staff and/or their contractors and subcontractors who may need to enter information into the system to initiate, support and maintain My HealtheVet electronic services for My HealtheVet users;</p>
                <p>(5) VistA and other VA IT systems;</p>
                <p>(6) VA researchers fulfilling VA required authorization procedures (see VHA Handbook 1200.01 http://www1.va.gov/vhapublications/ViewPublication.asp?pub_ID=2038).</p>
            </xhtmlContent>
        </subsection>
        <subsection type="routineUsesOfRecords">
            <xhtmlContent>
                <p>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 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.</p>
                <p>
                    1.  Disclosure of information in this system of records may be made to private or public sector organizations, individuals, agencies, etc., with whom VA has a contract or agreement, including subcontractors, in order to administer the My HealtheVet program, or perform other such services as VA deems appropriate and practical for the purposes of administering VA laws.
                </p>
                    <p>2.  On its own initiative, VA may disclose information, except for the names of My HealtheVet users and system administrators, to State, local, tribal or foreign 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, rule or order issued pursuant thereto.  On its own initiative, VA may disclose information including names of My HealtheVet users and system administrators 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, rule or order issued pursuant thereto.</p>
                    <p>3.  VA may disclose information from this system to the National Archives and Records Administration (NARA) and General Services Administration in records management inspections conducted under title 44, United States Code (U.S.C.).</p>
                    <p>4.  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 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 that is compatible with the purpose for which VA collected the records</p>
                    <p>5.  Disclosure may be made to a congressional office from the record of an individual in response to an inquiry from the congressional office made at the request of that individual.</p>
                    <p>6.  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.</p>
                    <p>7.  Disclosure of information may be made 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 or integrity of this system or other systems or programs (whether maintained by the Department or another agency or entity) that rely upon the compromised information; and (3) the disclosure is to agencies, entities, and 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 disclosure 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.</p>
                    <p>8.  VA may disclose health information for research purposes determined to be necessary and proper to epidemiological and other research entities approved by the Under Secretary for Health or designee, such as the Medical Center Director of the facility where the information is maintained.</p>
                    <p>9.  VA may disclose health information, including the name(s) and address(es) of present or former personnel of the Armed Services and/or their dependents, (a) to a Federal department or agency or (b) directly to a contractor of a Federal department or agency, at the written request of the head of the agency or the designee of the head of that agency, to conduct Federal research necessary to accomplish a statutory purpose of an agency.  When this information is to be disclosed directly to the contractor, VA may impose applicable conditions on the department, agency, and/or contractor to ensure the appropriateness of the disclosure to the contractor.</p>
                             </xhtmlContent>
        </subsection>
        <subsection type="policiesAndPractices">
            <xhtmlContent>
                <p>
                    My HealtheVet Administrative Records are maintained on paper and electronic media, including hard drive disks, which are backed up to tape at regular intervals.
                </p>
                   
                    </xhtmlContent>
        </subsection>
        <subsection type="policiesAndPractices">
            <xhtmlContent>
                <p> Records may be retrieved by an individual’s name, user ID, date of registration for My HealtheVet electronic services, ZIP code, the VA assigned ICN, date of birth and/or Social Security number, if provided.</p>
                   </xhtmlContent>
    </subsection>
        <subsection type="policiesAndPractices">
            <xhtmlContent>
                <p> Records are maintained and disposed of in accordance with the records disposition authority approved by the Archivist of the United States. Records from this system that are needed for audit purposes will be retained for at least six (6) years after a user’s account becomes inactive.  Routine records will be disposed of when the agency determines they are no longer needed for administrative, legal, audit, research, or other operational purposes, but no less than six (6) years from date of last account activity.  These retention and disposal statements are pursuant to the currently applicable NARA General Records Schedule GRS 3.2 Item 031.</p>
            </xhtmlContent>
        </subsection>
        <subsection type="safeguards">
            <xhtmlContent>
                <p>1.  Access to and use of the My HealtheVet Administrative Records are limited to those persons whose official duties require such access.  VA has established security controls and procedures to ensure that access is appropriately limited.  Information Security Officers and system data stewards review and authorize data access requests. VA regulates data access with security software that authenticates My HealtheVet administrative users and requires individually unique codes and passwords.  VA provides Information Security training to all staff and instructs staff on the responsibility each person has for safeguarding data confidentiality.  VA regularly updates security standards and procedures that are applied to systems and individuals supporting this program.</p>
                <p>2.  Physical access to computer rooms housing the My HealtheVet Administrative Records is restricted to authorized staff and protected by a variety of security devices. The Federal Protective Service or other security personnel provide physical security for the buildings housing computer systems and data centers.</p>
                <p>3.  Data transmissions between operational systems and My HealtheVet Administrative Records maintained by this system of records are protected by telecommunications security software and hardware as prescribed by Federal security and privacy laws as well as VA standards and practices.  This includes firewalls, encryption, and other security measures necessary to safeguard data as it travels across the VA Wide Area Network.</p>
                <p>4.  Copies of back-up computer files are maintained at secure off-site locations.</p>
            </xhtmlContent>
        </subsection>
        <subsection type="systemManager">
            <xhtmlContent>
                <p>Official responsible for policies and procedures:  Director of Veterans and Consumers Health Informatics Office, 8455 Colesville Road, Suite 1200, Silver Spring, Maryland 20910.  Officials maintaining this system of record:  VHA facilities (address locations for VHA facilities are listed in VA Appendix 1 of the biennial publications of the VA systems of records) and the My HealtheVet Chief Information Officer, 55 Foothill Drive, Suite 400, Salt Lake City, Utah 84113.</p>
            </xhtmlContent>
        </subsection>
        <subsection type="recordAccessProcedures">
            <xhtmlContent>
                <p>Individuals seeking information regarding access to and/or contesting of records in this system may write or call their local VHA facility and/or the My HealtheVet Chief Information Officer, 55 Foothill Drive, Suite 400, Salt Lake City, Utah 84113.</p>
            </xhtmlContent>
        </subsection>
        <subsection type="contestingRecordProcedures">
            <xhtmlContent>
                <p> (See Record Access Procedures above.)</p>
            </xhtmlContent>
        </subsection>
        <subsection type="notificationProcedure">
            <xhtmlContent>
                <p>Individuals who wish to determine whether a record is being maintained under their name in this system or wish to determine the contents of such records have two options:</p>
                <p>1.  Submit a written request or apply in person to the VHA facility where the records are located.  VHA facility location information can be found in the Facilities Locator section of VA’s Web site at http://www.va.gov; or</p>
                <p>2.  Submit a written request or apply in person to the My HealtheVet Chief Information Officer, 55 Foothill Drive, Suite 400, Salt Lake City, Utah 84113.</p>
                <p>Inquiries should include the person’s full name, user ID, date of birth, and return address.</p>
            </xhtmlContent>
        </subsection>
        <subsection type="exemptionsClaimed">
            <xhtmlContent>
                <p>None.</p>
            </xhtmlContent>
        </subsection>
    </section>

    <section id="131VA047" toc="yes">
<systemNumber>131VA047</systemNumber>

<subsection type="systemName">Purchase Credit Card Program-VA</subsection>
<subsection type="systemLocation"><xhtmlContent><p>This system of records is located in the finance/fiscal office of the local installations of
the Department, the Financial Services Center, Austin, TX, and VA Central Office, Washington, DC.
Records necessary for a contractor to perform under a contract are located at the contractor's
facility.
</p></xhtmlContent></subsection>
<subsection type="categoriesOfIndividuals"><xhtmlContent><p>Individuals covered by the system are current VA employees who have their own Government
assigned charge card, or who have had a charge card.
</p></xhtmlContent></subsection>
<subsection type="categoriesOfRecords"><xhtmlContent><p>Records include name, work and home addresses, social security number, date of birth,
employment information, work and home telephone numbers, information needed for identification
verification, charge card applications, charge card statements, terms and conditions for use of the
charge card, and monthly report from contractor(s) showing charges to individual account numbers,
balances, and other types of account analysis.
</p></xhtmlContent></subsection>
<subsection type="authorityForMaintenance"><xhtmlContent><p>Federal Acquisition Regulation (FAR), Part 13, 48 CFR part 13, and Public Law 93-579,
section 7(b).
</p></xhtmlContent></subsection>
<subsection type="purpose"><xhtmlContent><p>To establish and maintain a system for operating, controlling, and managing the purchase
credit card program involving commercial purchases by authorized VA employees.
</p></xhtmlContent></subsection>
<subsection type="routineUsesOfRecords"><xhtmlContent><p>System information may be accessed and used by authorized VA employees or contractors to
conduct duties associated with the management and operation of the purchase credit card program.
</p><p>Information from this system also may be disclosed as a routine use for the following purposes:
</p><p>(1) The record of an individual who is covered by this system may be disclosed to a member of
Congress, or a staff person acting for the member, when the member or staff person requests the
record on behalf of and at the written request of the individual.
</p><p>(2) Disclosure may be made to the National Archives and Records Administration (NARA) in records
management inspections conducted under authority of Title 44 U.S.C.
</p><p>(3) 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.
</p><p>(4) 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.
</p><p>(5) VA may disclose on its own initiative any information in this system, except the names and
addresses of veterans and their dependents, that is relevant to a suspected 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, 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 dependants
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.
</p><p>(6) 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.
</p><p>(7) Any information in this system of records concerning a delinquent debt may be disclosed to
the Secretary of the Treasury, or to any designated Government disbursing official, for the purpose
of conducting administrative offset of any eligible Federal payments, under the authority set forth
in 31 U.S.C. 3716. Tax refund and Federal salary payments may be included in those Federal payments
eligible for administrative offset.
</p><p>(8) Any information in this system of records concerning a delinquent debt may be disclosed to
the Secretary of the Treasury for appropriate collection or termination action, including the
transfer of the indebtedness for collection or termination, in accordance with 31 U.S.C. 3711(g)(4),
to a debt collection center designated by the Secretary of the Treasury, to a private collection
agency, or to the Department of Justice. The Secretary of the Treasury, through the Department of
the Treasury, a designated debt collection center, a private collection agency, or the Department of
Justice, may take appropriate action on a debt in accordance with the existing laws under which the
debt arose.
</p><p>(9) Records from this system of records 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.
</p><p>(10) VA may, on its own initiative, disclose any information or records to appropriate agencies,
entities, and persons when (a) VA suspects or has confirmed that the integrity or confidentiality of
information in the system of records has been compromised; (b) VA has determined that as a result of
the suspected or confirmed compromise there is a risk of embarrassment or harm to the reputation 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 VA or another agency or entity) that rely upon the potentially compromised
information; and (c) the disclosure to such agencies, entities, or persons whom VA determines to be
reasonably necessary to assist or carry out VA's efforts to respond to the suspected or confirmed
compromise and prevent, minimize, or remedy such harm. This routine use permits disclosures by VA 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.
</p><p>(11) VA may disclose information from this system to the Merit Systems Protection Board (MSPB),
or 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 authorized by law.
</p><p>(12) VA may disclose information from this system to the Federal Labor Relations Authority
(FLRA), including its General Counsel, related to the establishment of jurisdiction, investigation,
and resolution of allegations of unfair labor practices, or in connection with the resolution of
exceptions to arbitration awards when a question of material fact is raised. Information may also be
disclosed to the FLRA in order for it to address matters properly before the Federal Services
Impasses Panel, to investigate representation petitions, and to conduct or supervise representation
elections.
</p><p>(13) VA may disclose information from this system to the Equal Employment Opportunity Commission
(EEOC) when requested 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 or regulation.
</p><p>Disclosure to consumer reporting agencies:
</p><p>Pursuant to 5 U.S.C. 552a(b)(12), 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). The disclosure is limited to information
necessary to establish the identity of the individual, including name, address, and taxpayer
identification number (Social Security number), the amount, status and history of the claim; and the
agency or program under which the claim arose for the sole purpose of allowing the consumer
reporting agency to prepare a commercial credit report. Title 31 U.S.C. 3711(e) governs the release
of names and addresses of any person to consumer reporting agencies under certain circumstances.
</p></xhtmlContent></subsection>
<subsection type="policiesAndPractices"><xhtmlContent><p>Storage:</p>
<p>Paper documents and electronic storage media.
</p></xhtmlContent></subsection>
<subsection type="retrievability"><xhtmlContent><p>These records may be retrieved using various combinations of name or identification number
(credit card number) of the individual on whom the records are maintained.
</p></xhtmlContent></subsection>
<subsection type="safeguards"><xhtmlContent><p>This list of safeguards furnished in this System of Record is not an exclusive list of
measures that has been, or will be, taken to protect individually-identifiable information.
</p><p>The Financial Services Center will maintain the data in compliance with applicable VA security
policy directives that specify the standards that will be applied to protect sensitive personal
information. Security complies with applicable Federal Information Processing Standards (FIPS)
issued by the National Institute of Standards and Technology (NIST).
</p><p>Access to these records is restricted to authorized VA employees, contractors, or subcontractors
who have been cleared to work by the VA Office of Security and Law Enforcement, on a "need to
know" basis. They are required to take annual VA data privacy and security training.
</p><p>Offices where these records are maintained are locked after working hours and are protected from
outside access by the Federal Protective Service, other security officers, and alarm systems. Access
to computerized records is restricted to authorized VA employees, contractors, or subcontractors by
means of unique user identification and passwords.
</p></xhtmlContent></subsection>
<subsection type="retentionAndDisposal"><xhtmlContent><p>Records are maintained and disposed of in accordance with records disposition authority approved by the Archivist of the United States.  In accordance with General Records Schedule 1.1, Item #10, destroy 6 years after final payment or cancellation, but longer retention is authorized if required for business use.
</p></xhtmlContent></subsection>
<subsection type="systemManager"><xhtmlContent><p>Deputy Assistant Secretary for Finance (047), VA Central Office, Washington, DC 20420.
</p></xhtmlContent></subsection>
<subsection type="notificationProcedure"><xhtmlContent><p>Individuals seeking information concerning the existence of a record pertaining to them must
submit a written request to the VA station where the records are maintained. Such request must
contain a reasonable description of the records requested. In addition, identification of the
individual requesting the information will be required in the written request and will consist of
the requester's name, signature, and address, at a minimum.
</p></xhtmlContent></subsection>
<subsection type="recordAccessProcedures"><xhtmlContent><p>See "Notification Procedure" above.
</p></xhtmlContent></subsection>
<subsection type="contestingRecordProcedures"><xhtmlContent><p>See "Notification Procedure" above.
</p></xhtmlContent></subsection>
<subsection type="recordSourceCategories"><xhtmlContent><p>Information received from individuals and the private credit card contractor.

</p></xhtmlContent></subsection></section>
<section id="132VA00VE" toc="yes">
<systemNumber>132VA00VE
</systemNumber>
<subsection type="systemName">VA VetBiz Assistance Program Pages-VA
</subsection>
<subsection type="systemLocation"><xhtmlContent><p>Records are maintained at the Center for Veterans Enterprise's office in VA Headquarters,
Washington, DC. VA's Information Services Center, 1335 East West Highway, Silver Spring, Maryland
20910, maintains the computerized database and Web site.
</p></xhtmlContent></subsection>
<subsection type="categoriesOfIndividuals"><xhtmlContent><p>The system of records will cover programs of Federal, State, and local governments, and
private sector organizations and companies offering business or business assistance services to
veteran entrepreneurs that wish to be a part of the information clearinghouse.
</p></xhtmlContent></subsection>
<subsection type="categoriesOfRecords"><xhtmlContent><p>The records will contain data on the assistance programs of Federal, state, and local
governments, and of the private sector, including information on office locations, key personnel,
telephone numbers, mailing and e-mail addresses, and contracting and subcontracting opportunities
available to veteran entrepreneurs. The data will come from both governments and private sector
organizations who have contacted the Center for Veterans Enterprise, registered their products or
services online in the database, or have been extracted from e-government databases to which the
companies have voluntarily submitted the data. The records may include business addresses and other
contact information, information concerning products or services offered, and information pertaining
to the business, such as federal contracts, and certifications.
</p></xhtmlContent></subsection>
<subsection type="authorityForMaintenance"><xhtmlContent><p>Public Law 106-50, as amended.
</p></xhtmlContent></subsection>
<subsection type="purpose"><xhtmlContent><p>1. VA personnel will access the system to find resources available to veteran entrepreneurs
and to register those resources that they provide. They may also utilize the database to counsel and
assist veteran entrepreneurs in starting a small business or expanding an existing small business.
</p><p>2. The Center for Veterans Enterprise will use the records and reports derived from the database
to manage their responsibilities under the Veterans Entrepreneurship and Small Business Development
Act of 1999.
</p></xhtmlContent></subsection>
<subsection type="routineUsesOfRecords"><xhtmlContent><p>1. Federal, State, and local government personnel will access the system to find resources
available to veteran entrepreneurs and to register those resources that they provide. They may also
utilize the database to counsel and assist veteran entrepreneurs in starting a small business or
expanding an existing small business.
</p><p>2. The general public, including private sector companies and corporate entities, will access the
system, via Internet, to review the information, register those resources that they provide, and to
locate potential resources for veteran entrepreneurs.
</p><p><i>Compatibility of the proposed routine uses:
</i></p><p>The Privacy Act permits disclosure of information about individuals without their consent
for a routine use when the information will be used for a purpose that is compatible with the
purpose for which the information is collected. In all of the routine use disclosures described
above, the recipient of the information will use the information in connection with a matter
relating to one of VA's programs.
</p></xhtmlContent></subsection>
<subsection type="policiesAndPractices"><xhtmlContent><p>Storage:</p>
<p>The VetBiz APP will be stored in an automated, computerized database. The system will
operate on servers located at VA's Information Services Center, 1335 East West Highway, Silver
Spring, Maryland 20910. Data backups will reside on appropriate media according to normal system
backup plans. The system will be managed by the Center for Veterans Enterprise in VA Headquarters,
Washington, DC.
</p></xhtmlContent></subsection>
<subsection type="retrievability"><xhtmlContent><p>Automated records may be retrieved by:
</p><p>1. Organization Name.
</p><p>2. Contact Name.
</p><p>3. E-mail Address.
</p><p>4. Web Address.
</p><p>5. Area Code and Phone Number.
</p><p>6. Zip Code.
</p><p>7. County Code (NaCO).
</p><p>8. State(s).
</p><p>9. Type of Organization: Government (Federal; State; County; Municipal; Other); Nongovernmental
Organization; Commercial.
</p><p>10. Type of Assistance: (paperwork packaging; grants/loans; procurement assistance;
management/technical assistance; mentoring/incubator; contract opportunities; other).
</p><p>11. Service Area Limits (if any).
</p><p>12. Service limited to Veterans.
</p><p>13. Fees.
</p><p>14. Organization Funding Limits: (none; term--funding expires on a specific date).
</p><p>15. Year Established.
</p><p>16. Full-time/part-time.
</p><p>17. Days and Hours of Service.
</p><p>18. Other Professional Staff Available.
</p></xhtmlContent></subsection>
<subsection type="safeguards"><xhtmlContent><p>Read access to the system is via Internet access. VA Information Service Center and CVE
personnel will have access to the system via VA Intranet and local connections for management and
maintenance purposes and tasks.
</p></xhtmlContent></subsection>
<subsection type="retentionAndDisposal"><xhtmlContent><p>Records will be maintained and disposed of in accordance with the records disposal authority
approved by the Archivist of the United States, the National Archives and Records Administration,
and published in Agency Records Control Schedule No. 20, Electronic Records.
</p></xhtmlContent></subsection>
<subsection type="systemManager"><xhtmlContent><p>Deputy Director, Center for Veterans Enterprise (00VE), 810 Vermont Avenue, NW., Washington,
DC 20420.
</p></xhtmlContent></subsection>
<subsection type="notificationProcedure"><xhtmlContent><p>Individuals wishing to inquire whether this system of records contains information about
themselves should contact the Deputy Director, Center for Veterans Enterprise (00VE), 810 Vermont
Avenue, NW., Washington, DC 20420.
</p></xhtmlContent></subsection>
<subsection type="recordAccessProcedures"><xhtmlContent><p>Individuals seeking access to records about themselves contained in this system of records
may access the records via the Internet, or submit a written request to the system manager.
</p></xhtmlContent></subsection>
<subsection type="contestingRecordProcedures"><xhtmlContent><p>An individual who wishes to contest records maintained under his or her name or other
personal identifier may write or call the system manager. VA's rules for accessing records and
contesting contents and appealing initial agency determinations are published in regulations set
forth in the Code of Federal Regulations. See 38 CFR 1.577, 1.578.
</p></xhtmlContent></subsection>
<subsection type="recordSourceCategories"><xhtmlContent><p>The information in this system of records is obtained from the following sources:
</p><p>a. Information voluntarily submitted by Federal, State, and local governments;
</p><p>b. Information voluntarily submitted by the private sector; and
</p><p>c. Information extracted from other business and resource databases.
</p></xhtmlContent></subsection></section>
<section id="136VA19E" toc="yes">
<systemNumber>136VA19E</systemNumber>
<subsection type="systemName">Library Network (VALNET)-VA.
</subsection>
<subsection type="systemLocation"><xhtmlContent><p>Records are maintained at each Department of Veterans Affairs (VA) medical center library
(see Appendix A) and VA Central Office Library at 810 Vermont Avenue, NW., Washington, DC 20420.
</p></xhtmlContent></subsection>
<subsection type="categoriesOfIndividuals"><xhtmlContent><p>The records may include information concerning all present and former VA employees
volunteers, students, contractors, regardless of whether they check out materials or use tables of
content routing and interlibrary loan services, but only those veterans and others receiving care at
the facility who check out materials.
</p></xhtmlContent></subsection>
<subsection type="categoriesOfRecords"><xhtmlContent><p>The records may include information related to:
</p><p>1. Items checked out and in use (library books, journals, audiovisuals);
</p><p>2. Library public access computer work stations used by VA staff and patients;
</p><p>3. Name, last four digits of the social security number, email address, other assigned
identifier, work location information, such as service, and extension for employees, students, and
ward location for patients or other assigned ID.
</p></xhtmlContent></subsection>
<subsection type="authorityForMaintenance"><xhtmlContent><p>Title 38, United States Code, section 501.
</p></xhtmlContent></subsection>
<subsection type="purpose"><xhtmlContent><p>The records and information may be used to track library materials checked out to library
users and those materials that are overdue, materials borrowed from other libraries for library
users, to track and recover costs of lost library materials to determine library materials to
purchase and/or replace based on usage, to track users of library public access computers, and to
compile management and statistical reports. Cost is recovered by Fiscal Service through Bills of
Collection. If Bills of Collection are not paid, Fiscal Service garnishes checks, including Federal
tax refunds, or turns the matter over to collection agencies.
</p></xhtmlContent></subsection>
<subsection type="routineUsesOfRecords"><xhtmlContent><p>1. Information from this system of records may be disclosed to a congressional office from
the record of an individual in response to an inquiry from the congressional office made on behalf
of that individual.
</p><p>2. Disclosure may be made to the National Archives and Records Administration (NARA) for records
management inspections under authority of Title 44 United States Code.
</p><p>3. Disclosure may be at VA's initiative made to the appropriate Federal, State, or local agency
responsible for investigating, prosecuting, enforcing, or implementing a statute, rule, regulation,
or order, where the agency becomes aware of an indication of a violation or potential violation of
civil or criminal law or regulation.
</p><p>4. A record from this system of records may be disclosed to a Federal agency, in response to its
request, in connection with the hiring or retention of an employee, the issuance of a security
clearance, the conducting of a security or suitability investigation of an individual, the reporting
of an investigation, the letting of a grant or other benefit, to the extent that the information is
relevant and necessary to the requesting agency's decision on the matter.
</p><p>5. Records from this system of records may be disclosed in a proceeding before a court,
adjudicative body, or other administrative body when the Agency, or any Agency component or employee
(in his or her official capacity as a VA employee), is a party to litigation; when the Agency
determines that litigation is likely to affect the Agency, any of its components or employees, or
the United States has an interest in the litigation, and such records are deemed to be relevant and
necessary to the legal proceedings; provided that the disclosure is compatible with the purpose for
which the records were collected.
</p><p>6. Disclosure of relevant information may be made to individuals, organizations, private or
public agencies, etc., with whom VA has a contract or agreement 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.
</p><p>7. 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.
</p><p>8. 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.
</p><p>9. Disclosure may be made to the Equal Employment Opportunity Commission when requested in
connection with investigations of alleged or possible discrimination.
</p><p>10. VA may disclose information in 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 disclosure 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
that is compatible with the purpose for which VA collected the records.
</p><p>11. VA may disclose on its own initiative any information in this system, except the names and
home addresses of veterans and their dependents, which is relevant to a suspected 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, 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. On its own initiative, VA may also disclose 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, rule or order issued pursuant thereto.
</p><p>12. To disclose to the Federal Labor Relations Authority (including its General Counsel)
information related to the establishment of jurisdiction, the investigation and resolution of
allegations of unfair labor practices, or information in connection with the resolution of
exceptions to arbitration awards when a question of material fact is raised; to disclose information
in matters properly before the Federal Services Impasses Panel, and to investigate representation
petitions and conduct or supervise representation elections.
</p><p>13. 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.
</p><p>14. VA may disclose information from this system of records relevant to a claim of a veteran or
beneficiary, such as the name, address, the basis and nature of a claim, amount of benefit payment
information, medical information, and military service and active duty separation information, at
the request of the claimant to accredited service organizations, VA approved claim agents, and
attorneys acting under a declaration of representation, so that these individuals can aid claimants
in the preparation, presentation, and prosecution of claims under the laws administered by VA. The
name and address of a claimant will not, however, be disclosed to these individuals under this
routine use if the claimant has not requested the assistance of an accredited service organization,
claims agent or an attorney. VA must be able to disclose this information to accredited service
organizations, VA approved claim agents, and attorneys representing veterans so they can assist
veterans by preparing, presenting, and prosecuting claims under the laws administered by VA.
</p><p>15. 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.
</p></xhtmlContent></subsection>
<subsection type="policiesAndPractices"><xhtmlContent><p>Storage:</p>
<p>Records are maintained in electronic and/or paper format.
</p></xhtmlContent></subsection>
<subsection type="retrievability"><xhtmlContent><p>Records are retrieved by name, last four of the social security number and/or other assigned
identifiers of the individuals on whom they are maintained.
</p></xhtmlContent></subsection>
<subsection type="safeguards"><xhtmlContent><p>1. Access to VA libraries is not restricted to VA employees. Generally the offices housing
the files for storage of records are attended by staff who maintain the files during normal duty
hours and after normal duty hours facilities are protected from outside access by the Federal
Protective Service or other security personnel.
</p><p>2. Access to files is controlled by the employees who maintain the files. Access to computerized
records is controlled by the use of security codes known only to authorized users.
</p></xhtmlContent></subsection>
<subsection type="retentionAndDisposal"><xhtmlContent><p>The VALNET records may be disposed of in accordance with the records retention standards
authorized by the National Archives and Records Administration General Records Schedule 14, item 6,
and published in the Veterans Health Administration Records Control Schedule 10-1, Item XLV.
</p></xhtmlContent></subsection>
<subsection type="systemManager"><xhtmlContent><p>Official responsible for policies and procedures; Network Librarian, VHA Library Program
Office (19E), Department of Veterans Affairs, 810 Vermont Avenue, NW., Washington, DC 20420.
Officials maintaining the system; Director at the facility where the individuals were associated.
</p></xhtmlContent></subsection>
<subsection type="notificationProcedure"><xhtmlContent><p>Individuals wishing to inquire whether this system of records contains information about
themselves should contact the designated individual at the VA facility where the records are
maintained. Individuals must furnish the following information in order for their records to be
located and identified: a. full name, b. dates of employment, service, hospital stay, or use of
library, c. description of information being sought and, d. return address.
</p></xhtmlContent></subsection>
<subsection type="recordAccessProcedures"><xhtmlContent><p>Individuals seeking information regarding access to and contesting records in the system may
write, call, or visit the VA facility location where they are or were employed or made contact.
</p></xhtmlContent></subsection>
<subsection type="contestingRecordProcedures"><xhtmlContent><p>(See Record Access Procedures above.)
</p></xhtmlContent></subsection>
<subsection type="recordSourceCategories"><xhtmlContent><p>Information in this system of records is provided by VA employees, volunteers, students,
contractors, veterans, others receiving care at the facility and automated computer systems such as
Integrated Library Systems (ILS) which are used to track items which have been checked out of the
library.
</p><p><b>Appendix A--List of VA Libraries
</b></p><p>Chief, Library Service (142D), VA MROC, 2925 DeBarr Road, Anchorage, AK 99508-2989.
</p><p>Chief, Library Service (142D), VA Medical Center, 3701 Loop Road, East
Tuscaloosa, AL 35404-5088.
</p><p>Chief, Library Service (142D), VA Medical Center, 100 North College Avenue,
Fayetteville, AR 72703-1999.
</p><p>Chief, Lng Resources (142D), VA Medical Center (2), 4300 W. 7th St., Little Rock, AR 72205-
5484.
</p><p>Chief, Library Service (142D), VA Medical Center, 650 East Indian School Road, Phoenix, AZ 85012
-1892.
</p><p>Library Manager (154), VA Medical Center, 500 Highway 89 North,
Prescott, AZ 86313.
</p><p>Chief, Library Service (7-142D),VA Medical Center, 3601 South 6th Street, Tucson, AZ 85723
-0001.
</p><p>Chief, Lng Resources (162D), VA Medical Center, 2615 East Clinton Avenue,
Fresno, CA 93703-2286.
</p><p>Chief, Library Service (142D), VA Medical Center, 11201 Benton Street,
Loma Linda, CA 92357-1000.
</p><p>Chief, Library Service (142D), VA Medical Center, 5901 East 7th Street,
Long Beach, CA 90822-5201.
</p><p>Chief, Library Service (W142D), VA Greater LA Healthcare Sys,
Bldg 500, Room 6249, 11301 Wilshire Boulevard, Los Angeles, CA 90073.
</p><p>Chief, Library Service (142D), VA No. California HCS, 10535 Hospital Way,
Mather, CA 95655.
</p><p>Chief, Med. Information (142D), VA Medical Center, 3801 Miranda Avenue,
Palo Alto, CA 94304-1290.
</p><p>Chief, Library Service (142D), VA Medical Center, 3350 La Jolla Village Drive,
San Diego, CA 92161-4041.
</p><p>Chief, Lng Resources (142D), VA Medical Center, 4150 Clement Street,
San Francisco, CA 94121-1598.
</p><p>Chief, Library Service (142D), VA Greater LA Healthcare System, 16111 Plummer Street, Sepulveda,
CA 91343-2036.
</p><p>Chief, Medical Library (142D), VA Medical Center, 1055 Clermont Street,
Denver, CO 80220-3808.
</p><p>Chief, Library Service (142D), VA Medical Center, 2121 North Avenue,
Grand Junction, CO 81501-6499.
</p><p>Chief, Library Service (142D), VA Medical Center, 950 Campbell Avenue,
West Haven, CT 06516.
</p><p>Chief, Library Service (142D), VA Medical Center, 50 Irving Street, NW.,
Washington, DC 20422.
</p><p>Jan Julian (19E) VA Headquarters, 810 Vermont Avenue, NW.,
Washington, DC 20420-0002.
</p><p>Chief, Library Service (142D), VA Medical Center, 1601 Kirkwood Highway,
Wilmington, DE 19805.
</p><p>Chief, Library Service (142D), VA Medical Center, P.O. Box 5005,
Bay Pines, FL 33744.
</p><p>Chief, Library Service (142D), VA Medical Center, 1601 SW Archer Road,
Gainesville, FL 32608-1197.
</p><p>Library Service (142D), VA Medical Center, 619 South Marion Street,
Lake City, FL 32025.
</p><p>Chief, Library Service (142D), VA Health Care Center, 5201 Raymond Street,
Orlando, FL 32803.
</p><p>Chief, Library Service (142D), VA Medical Center, 13000 Bruce B. Downs Blvd., Tampa, FL 33612
-4745.
</p><p>Chief, EES/Library (142D), VA Medical Center,  7305 N. Military Trail, West Palm Beach, FL 33410
-6400.
</p><p>Chief, Library Service (142D), VA Medical Center-Atlanta, 1670 Clairmont Road, Decatur, GA 30033.
</p><p>Chief, Library Department (123), VA Medical Center, 1 Freedom Way,
Augusta, GA 30904-6285.
</p><p>Associate Chief of Staff for Education (11E), Spark M. Matsunaga VAMC, 459 Patterson Road,
Honolulu, HI 96819-1522.
</p><p>Chief, Library Service (142D), VA Medical Center, 1515 W. Pleasant Street,
Knoxville, IA 50138-3399.
</p><p>Chief, Library Service (142D), VA Medical Center, 500 West Fort Street,
Boise, ID 83702-4598.
</p><p>Chief, Library Service (142D), Jesse Brown VAMC, 820 S. Damen Avenue,
Chicago, IL 60612-3740.
</p><p>Chief, Library Service (142D), VA Medical Center, 1900 East Main Street,
Danville, IL 61832-5198.
</p><p>Chief, Library Service (142D), VA Medical Center, P.O. Box 5000 (142D),
Hines, IL 60141-5142.
</p><p>Chief, Library Service (142D), VA Medical Center, 2401 West Main Street,
Marion, IL 62959-1188.
</p><p>Chief, Library Service (142D), VA Medical Center, 3001 N. Green Bay Road,
North Chicago, IL 60064-3096.
</p><p>Chief, Library Service (142D), VA Medical Center, 1481 West 10th Street,
Indianapolis, IN 46202-2803.
</p><p>Chief, Library Section (142D), VA Medical Center, 1700 East 38th Street,
Marion, IN 46953-4589.
</p><p>Chief, Library Section (142D), VA Medical Center, 2200 Gage Boulevard,
Topeka, KS 66622-0001.
</p><p>Chief, Library Service (11PM-4), VA Medical Center, 5500 East Kellogg,
Wichita, KS 67218-1698.
</p><p>Chief, Library Section (141D-CDD), VA Medical Center, 2250 Leestown Road,
Lexington, KY 40511-1093.
</p><p>Chief, Library Service (142D), VA Medical Center, 800 Zorn Avenue,
Louisville, KY 40206-1499.
</p><p>Chief, Library Service (142D), VA Medical Center, P.O. Box 69004,
Alexandria, LA 71306-9004.
</p><p>Learning Resources (AD35), VA Medical Center, 1601 Perdido Street,
New Orleans, LA 70112.
</p><p>Chief, Library Section (142D), VA Medical Center, 510 East Stoner Avenue,
Shreveport, LA 71101-4295.
</p><p>Chief, Lng Resources (142D), VA MROC 1 VA Center, Togus, ME 04330-6795.
</p><p>Chief, Library Service (BT/14/LIB), VA Maryland Healthcare System, 10 North Greene Street,
Baltimore, MD 21201-1524.
</p><p>Chief, Library Service (142D), VA Medical Center, 200 Springs Road,
Bedford, MA 01730.
</p><p>Chief, Library Service (142D), VA Medical Center, 421 North Main Street,
Leeds, MA 01053-9714.
</p><p>Chief, Library Service (142D), VA Medical Center, 1400 VFW Parkway,
West Roxbury, MA 02132.
</p><p>Chief, Library Service (11L), VA Ann Arbor Healthcare System, 2215 Fuller Road, Ann Arbor, MI
48105.
</p><p>Chief, Library Section (142D), VA Medical Center, 5500 Armstrong Road,
Battle Creek, MI 49016-1099.
</p><p>Chief, Library Service (11R-1), VA Medical Center, 4646 John R. St.,
Detroit, MI 48201-1916.
</p><p>Chief, Library Service (142D), VA Medical Center, 325 H Street, Iron Mountain, MI 49801-
372.
</p><p>Chief, Library Service (142D), VA Medical Center, 1500 Weiss Street,
Saginaw, MI 48602.
</p><p>Chief, Library Service (142D), VA Medical Center, One Veterans Drive,
Minneapolis, MN 55417-2236.
</p><p>Chief, Library Service (ED-142D), VA Medical Center, 4801 Eighth Street, North St. Cloud,
MN 56303-2099.
</p><p>Chief, Info. Mgt Service (19CI), VA Medical Center, 400 Veterans Avenue,
Biloxi, MS 39531-2410.
</p><p>Chief, Library Service (142D), VA Medical Center, 1500 East Woodrow Wilson,
Jackson, MS 39216-5199.
</p><p>Chief, Library Service (IM/LR), VA Medical Center, 800 Hospital Drive,
Columbia, MO 65201-5275.
</p><p>Chief, Library Service (142D), VA Medical Center, 4801 Linwood Boulevard,
Kansas City, MO 64128-2295.
</p><p>Chief, Lng Resources Center (142D), VA Medical Center, 1500 N. Westwood Boulevard, Poplar Bluff,
MO 63901-3393.
</p><p>Chief, Library Service (142D-JB), VA Medical Center  (2),
#1 Jefferson Barracks Drive, St. Louis, MO 63125-4199.
</p><p>Chief, Library Service (142D), VA Medical Center, P.O.  Box 167, 436 Williams St., Fort Harrison,
MT 59636.
</p><p>Chief, Library Service (142D), VA Medical Center, 1100 Tunnel Road, Asheville, NC 28805-
2087.
</p><p>Chief, Library Service (142D), VA Medical Center, 508 Fulton Street,
Durham, NC 27705-3875.
</p><p>Chief, Library Service (142D), VA Medical Center, 2300 Ramsey Street,
Fayetteville, NC 28301-3899.
</p><p>Chief, Library Service (142D), VA Medical Center, 1601 Brenner Avenue,
Salisbury, NC 28144.
</p><p>Chief, Library Service (142D), VA Medical Center, 2101 Elm Street,  Fargo, ND 58102-2417.
</p><p>Chief, Library Service (026), VA Medical Center, 4101 Woolworth Avenue,
Omaha, NE 68105-1873.
</p><p>Chief, Library Service (142D), VA Medical Center, 718 Smyth Road, Manchester, NH 03104-
4098.
</p><p>Chief, Library Service (142D),
VA Medical Center,
151 Knollcroft Road,
Lyons, NJ 07939-5000.
</p><p>Chief, Library Service (142D),
VA Medical Center,
1501 San Pedro Drive, S.E.,
Albuquerque, NM 87108-5138.
</p><p>Library 03-FES,
VA Medical Center,
901 Rancho Lane,
Suite 185, Room 1106,
Las Vegas, NV 89106.
</p><p>Chief, Lng Resources (142),
VA Medical Center,
1000 Locust Street,
Reno, NV 89520.
</p><p>Chief, Library Service (142D),
VA Medical Center,
113 Holland Avenue,
Albany, NY 12208-3410.
</p><p>Chief, Library Service (142D),
VA Medical Center,
222 Richmond Avenue,
Batavia, NY 14020-1288.
</p><p>Chief, Library Service (142D),
VA Medical Center,
76 Veterans Way,
Bath, NY 14810.
</p><p>Chief, Library Service (142D),
VA Medical Center,
130 West Kingsbridge Road,
Bronx, NY 10468.
</p><p>Chief, Library Service (142D),
VA Medical Center,
800 Poly Place,
Brooklyn, NY 11209.
</p><p>Chief, Library Service (142D),
VA Medical Center,
3495 Bailey Avenue,
Buffalo, NY 14215-1199.
</p><p>Chief, Library Service (142D),
VA Medical Center,
400 Fort Hill Avenue,
Canandaigua, NY 14424-1188.
</p><p>Chief, Library Service (142D),
VA Medical Center,
P.O. Box 100,
Montrose, NY 10548.
</p><p>Chief, Library Service (142D),
VA Medical Center,
423 East 23rd Street,
New York, NY 10010-5050.
</p><p>Chief, Library Service (142D),
VA Medical Center,
79 Middleville Road-Bldg 12,
Northport, NY 11768-2290.
</p><p>Medical Library (19L),
Central Alabama Veterans Healthcare System,
2400 Hospital Road,
Tuskegee, AL 36083.
</p><p>Chief, Library Section (19D),
VA Medical Center,
17273 State Route 104,
Chillicothe, OH 45601.
</p><p>Chief, Lng Resources (142),
VA Medical Center,
3200 Vine Street,
Cincinnati, OH 45220-2288.
</p><p>Chief, Library Service 142D(B),
VA Medical Center-Brecksville,
Medical Library,
10000 Brecksville Road,
Brecksville, OH 44141.
</p><p>Chief, Library Service (142D),
VA Outpatient Clinic,
543 Taylor Avenue,
Columbus, OH 43203-1278.
</p><p>Chief, Library Service (142D),
VA Medical Center,
4100 West 3rd Street,
Dayton, OH 45428.
</p><p>Chief, Library Service (142D),
VA Medical Center,
1011 Honor Heights Drive,
Muskogee, OK 74401-1399.
</p><p>Chief, Library Service (142D),
VA Medical Center,
921 Northeast 13th Street,
Oklahoma City, OK 73104-5028.
</p><p>VA Medical Center (2 COPIES),
ATTN: V6LIB, 1601 E 4th Plain Blvd.,
Vancouver, WA 98661.
</p><p>Chief, Library Service (142D),
VA Domiciliary, 8495 Crater Lake Highway,
White City, OR 97503-1088.
</p><p>Chief, Library Service (15-L),
VA Medical Center,
2907 Pleasant Valley Blvd.,
Altoona, PA 16602-4377.
</p><p>Chief, Library Service (142D),
VA Medical Center,
325 New Castle Road,
Butler, PA 16001-2480.
</p><p>Chief, Library Service (142D),
VA Medical Center,
1400 Black Horse Hill Road,
Coatesville, PA 19320-2096.
</p><p>Library Services (174M),
Erie VA Medical Center,
135 E. 38th Street,
Erie, PA 16504-1559.
</p><p>Chief, Library Section (N13),
VA Medical Center,
1700 S. Lincoln Avenue,
Lebanon, PA 17042-7597.
</p><p>Chief, Library Service (142D),
VA Medical Center,
10 Calle Casia,
San Juan, PR 00921-3201.
</p><p>Chief, Library Service (142D),
VA Medical Center,
University &amp; Woodland Avenues,
Philadelphia, PA 19104-9020.
</p><p>Chief, Library Section (05E),
VA Medical Center,
1111 East End Boulevard,
Wilkes-Barre, PA 18711-0026.
</p><p>VISN 7 Library Mgr (IMSL-07-L)),
WJB Dorn VA Medical Center,
6439 Garners Ferry Road,
Columbia, SC 29209.
</p><p>Chief, Library Service (142D),
VA Medical Center,
830 Chalkstone Avenue,
Providence, RI 02908-4799.
</p><p>Chief, Lib &amp; Lng Resources (142D),
VA Medical Center,
109 Bee Street,
Charleston, SC 29401-5799.
</p><p>Chief, Lng Resources (142),
VA Medical Center,
Sydney &amp; Lamont Sts.,
(Johnson City),
Mountain Home, TN 37684-5001.
</p><p>Chief, Medical Library (INFO-4),
VA Medical Center,
113 Comanche Road,
Fort Meade, SD 57741-1099.
</p><p>Chief, Library Section (142D),
VA Medical Center,
1030 Jefferson Avenue,
Memphis, TN 38104-2193.
</p><p>Chief, Library Section (142D),
VA Medical Center,
300 Veterans Boulevard,
Big Spring, TX 79720-5500.
</p><p>Chief, Library Service (142D),
VA Medical Center,
1310 24th Avenue, South,
Nashville, TN 37212-2637.
</p><p>Chief, Library Section (142D),
VA Medical Center,
6010 Amarillo Blvd.  West,
Amarillo, TX 79106-1992.
</p><p>Chief, Library Service (142D),
VA Medical Center,
4500 South Lancaster Road,
Dallas, TX 75216-7191.
</p><p>Chief, Library Service (142D),
VA Medical Center,
2002 Holcombe Blvd.,
Houston, TX 77030-4298.
</p><p>Chief, Lib &amp; Ed Resources (142D),
VA Medical Center,
100 Emancipation Drive,
Hampton, VA 23667-0001.
</p><p>Chief, Library Service (14LIB-W),
VA Central TX Vets Healtcare Sys,
4800 Memorial Drive,
Waco, TX 76711-1397.
</p><p>Chief, Library Service (142L),
VA Medical Center,
500 Foothill Boulevard,
Salt Lake City, UT 84148.
</p><p>Chief, Library Service (142D),
VA MROC,
215 North Main Street,
White River Junction, VT 05009.
</p><p>Chief, Library Service (142D),
VA Medical Center,
1201 Broad Rock Blvd.,
Richmond, VA 23249-0001.
</p><p>Chief, Library Service (142D),
VA Medical Center,
1970 Roanoke Boulevard,
Salem, VA 24153-6478.
</p><p>Chief, Library Service (EDC/L),
VA Medical Center,
77 Wainwright,
Walla Walla, WA 99362.
</p><p>Chief, Library Service (142D),
VA Medical Center,
1660 S. Columbian Way,
Seattle, WA 98108-1597.
</p><p>Chief, Library Service (142D),
VA Medical Center,
North 4815 Assembly Street,
Spokane, WA 99205-6197.
</p><p>Chief, Lng Resources (142D),
VA Medical Center,
500 East Veterans Street,
Tomah, WI 54660-3100.
</p><p>Chief, Library Section (142D),
VA Medical Center,
2500 Overbrook Terrace,
Madison, WI 53705-2286.
</p><p>Chief, Library Service (142D),
VA Medical Center,
5000 West National Avenue,
Milwaukee, WI 53295-0001.
</p><p>Chief, Lng Resources (142D),
VA Medical Center,
1540 Spring Valley Drive,
Huntington, WV 25704.
</p><p>Chief, Library Service (142D),
VA Medical Center,
200 Veterans Avenue,
Beckley, WV 25801-6499.
</p><p>Chief, Library Service (017L),
VA Medical Center,
One Medical Center Drive,
Clarksburg, WV 26301.
</p><p>Chief, Library Service (142D),
VA Medical Center,
1898 Fort Road,
Sheridan, WY 82801-8320.
</p><p>Chief, Library Section (142D),
VA Medical Center,
510 Butler Avenue,
Martinsburg, WV 25401-0205.
</p><p>Chief, Lib/Education (142D),
VA Medical Center,
2360 East Pershing Blvd.,
Cheyenne, WY 82001-5356.
</p><p>Chief, Medical Library (11L),
VA Medical Center,
4101 S. 4th St.  Trafficway,
Leavenworth, KS 66048.
</p><p>Chief, Library Service (142D),
VA Maryland Healthcare System,
Circle Drive,
Perry Point, MD 21902-1105.
</p><p>Chief, Library Section (142D),
VA Medical Center,
2121 Lake Avenue,
Fort Wayne, IN 46805-5100.
</p><p>Chief, Library Service (142D),
VA Medical Center,
385 Tremont Avenue,
East Orange, NJ 07018-1095.
</p><p>Chief, Library Service (142D),
VA Medical Center,
940 Belmont Street,
Brockton, MA 02301-5596.
</p><p>Chief, Library Service (142D),
VA Medical Center,
210 S. Winchester Avenue,
Miles City, MT 59301-4798.
</p><p>Chief, Library Service (142D),
VA Medical Center,
913 NW Garden Valley Blvd.,
Roseburg, OR 97470-0193.
</p><p>Chief, Library Service (142D),
VA Medical Center,
Route 9D,
Castle Point, NY 12511.
</p><p>Chief, Library Service 142D(W),
VA Medical Center--Wade Park,
Medical Library,
10701 East Boulevard,
Cleveland, OH 44106.
</p><p>Chief, Knowledge-Based Info (142D),
VA Medical Center,
1201 Northwest 16th Street,
Miami, FL 33125-1693.
</p><p>Aspinwall Library (142D-A),
VA Pittsburgh Health System),
Delafield Road (3 COPIES),
Pittsburgh, PA 15240.
</p><p>Chief, Medical Library (INFO-4),
VA Black Hill Health Care System,
500 North 5th Street,
Hot Springs, SD 57747.
</p><p>Chief, Library Service (142D),
VA Medical Center,
1201 East 9th Street,
Bonham, TX 75418-4019.
</p><p>Chief, Library Service (142D),
VA Medical Center,
9600 Veterans Drive,
Tacoma, WA 98493-5000.
</p><p>Chief, Library Service (142D),
VA Medical Center,
3400 Lebanon Road,
Murfreesboro, TN 37129-1236.
</p><p>Chief, Library Service (14LIB-T),
VA Medical Center,
Veterans Memorial Drive,
Temple, TX 76504-7497.
</p><p>Library Service (118L),
VA Medical Center,
2501 W. 22nd Street,
Sioux Falls, SD 57117.
</p><p>Library Service (142D),
VA Medical Center,
800 Irving Avenue,
Syracuse, NY 13210-2799.

</p></xhtmlContent></subsection></section>
<section id="137VA005Q" toc="yes">
<systemNumber>137VA005Q</systemNumber>
<subsection type="systemName">"Veterans Information Solution (VIS)--VA" (137VA005Q).
</subsection>
<subsection type="systemLocation"><xhtmlContent><p>The VIS application is located in the Austin Automation Center (AAC), 1615 East Woodward
Street, Austin, Texas 78772. A second VIS disaster recovery site is planned to be stood up in FY09
at the Veterans Affairs (VA) data center in Hines, Illinois.
</p></xhtmlContent></subsection>
<subsection type="categoriesOfIndividuals"><xhtmlContent><p>The category of the individuals covered by the VIS application include Veterans and their
dependents whose information is provided to VIS via the Beneficiary Identification and Record
Locator Subsystem (BIRLS), the Veterans Affairs/Department of Defense Identity Repository (VADIR),
the Benefits Delivery Network (BDN), and the Rating Board Automation (RBA2000) corporate database.
</p></xhtmlContent></subsection>
<subsection type="categoriesOfRecords"><xhtmlContent><p>The record, or information contained in the record, may include identifying information (<i>
e.g.,</i> name, address, social security number); military service and active duty separation
information (<i>e.g.,</i> name, service number, date of birth, rank, sex, total amount of active
service, branch of service, character of service, pay grade, assigned separation reason, whether
Veteran was discharged with a disability, types of disabilities, served in Vietnam Conflict,
reenlisted, received a Purple Heart or other military decoration); personal information (<i>e.g.,</i
> marital status, name and address of dependents, occupation, amount of education of a Veteran or a
dependent, dependent's relationship to Veteran).
</p></xhtmlContent></subsection>
<subsection type="authorityForMaintenance"><xhtmlContent><p>Title 38, United States Code, Part II, Chapters 11, 13, 15, 17, 18, 19 and 23.
</p><p>Purpose:</p>
<p>VIS is an Intranet-based application that provides a consolidated view of information
gathered from the BIRLS, VADIR, BDN, and RBA2000 systems for determination of eligibility for
Veteran's benefits. VIS provides a read only view of a subset of the data contained within these
databases listed; VIS does not provide updates to any of these systems, nor does it retain any of
the data gathered from these systems. Once the user request has been fulfilled, the data is expunged
from the system.
</p></xhtmlContent></subsection>
<subsection type="routineUsesOfRecords"><xhtmlContent><p>1. The record of an individual included in this system may be provided to Department of
Defense (DoD) systems or offices for use in connection with matters relating to one of DoD's
programs to enable delivery of healthcare or other DoD benefit to eligible beneficiaries.
</p><p>2. The name, address, VA file number, effective date of compensation or pension, current and
historical benefit pay amounts for compensation or pension, service information, date of birth,
competency payment status, incarceration status, and social security number of Veterans and their
surviving spouses may be disclosed to the Department of Defense Manpower Data Center (DMDC) to
reconcile the amount and/or waiver of service, department and retired pay. These records may also be
disclosed as part of a computer matching program to accomplish these purposes.
</p><p>3. The name, address, VA file number, date of birth, date of death, social security number, and
service information may be disclosed to DoD's DMDC. DoD will use this information to identify
retired Veterans and dependent members of their families who have entitlement to Department of
Defense benefits but who are not identified in the Department of Defense Enrollment Eligibility
Reporting System (DEERS) program and to assist in determining eligibility for Civilian Health and
Medical Program of the Uniformed Services (CHAMPUS) benefits. This purpose is consistent with 38
U.S.C. 5701.
</p><p>4. VA may disclose on its own initiative any information in this system, except the names and
addresses of Veterans and their dependents, that is relevant to a suspected 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, 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,
rule, or order issued pursuant thereto.
</p><p>5. VA may disclose any information or records to appropriate agencies, entities, and persons when
(1) it is suspected or confirmed that the integrity or confidentiality of information in the system
of records has been compromised; (2) VA 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 records
subjects, harm to economic or property interest, identity theft or fraud, or harm to the security,
confidentiality or integrity of this system or other systems or programs (whether maintained by VA
or another agency or entity) that rely upon the potentially compromised information; and (3) the
disclosure is made to such agencies, entities, and persons whom VA determines are reasonably
necessary to assist or carry out VA's efforts to respond to the suspected or confirmed compromise
and prevent, minimize, or remedy such harm. This routine use permits disclosures by VA to respond to
a suspected or confirmed data breach, including the conduct of any risk analysis or provision or
credit protection services as provided in 38 U.S.C. 5724, as the terms are defined in 38 U.S.C.
5727.
</p><p>6. 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.
</p><p>7. The record of an individual who is covered by a system of records may be disclosed to a Member
of Congress, or a staff person acting for the member, when the member or staff person requests the
record on behalf of and at the written request of the individual.
</p><p>8. The name(s) and address (es) of a veteran may be disclosed to another Federal agency or to a
contractor of that agency, at the written request of the head of that agency or designee of the head
of that agency for the purpose of conducting government research necessary to accomplish a statutory
purpose of that agency.
</p><p>9. VA may disclose information in the system of records to the Department of Justice (DOJ),
either on VA's initiative or in response to DOJ's request for 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, or in a proceedings before a court or adjudicative body provided that, in
each case, the agency also determines prior to disclosure that release of records to the DOJ is a
use of 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.
</p><p>10. Where VA determines that there is good cause to question the legality or ethical propriety of
the conduct of a person or organization representing a person in a matter before VA, a record from
this system may be disclosed, on VA's initiative, to any or all of the following: (1) Applicable
civil or criminal law enforcement authorities and (2) a person or entity responsible for the
licensing, supervision, or professional discipline of the person or organization acting as
representative. Name and home addresses of Veterans and their dependents will be released on VA's
initiative under this routine use only to Federal entities when VA believes that the names and
addresses are required by the Federal department or agency.
</p><p>11. Disclosure of relevant information may be made to individuals, organizations, private or
public agencies, or other entities or individuals with whom VA has a contract or agreement to
perform such services as VA may deem practicable for the purposes of laws administered by VA, in
order for the contractor, subcontractor or entity or individual with whom VA has an agreement or
contract to perform the services of the contract or agreement.
</p><p>12. Disclosure may be made to the National Archives and Records Administration or the General
Services Administration in records management inspections conducted under authority of Title 44
U.S.C.
</p></xhtmlContent></subsection>
<subsection type="policiesAndPractices"><xhtmlContent><p>Storage:</p>
<p>The VIS application electronically stores personal information on veterans only long enough
to fulfill a user's request for information; once the user's request is fulfilled, the data is
expunged from the system.
</p></xhtmlContent></subsection>
<subsection type="retrievability"><xhtmlContent><p>The VIS application queries the BIRLS, the VADIR, the BDN, and the RBA2000 corporate
database to populate user requests for data. The data is retrieved using name, social security
number, and/or other unique personal identifier.
</p></xhtmlContent></subsection>
<subsection type="safeguards"><xhtmlContent><p>1. Physical Security: The VIS system is located in the AAC in Texas; a backup disaster
recovery system will be installed at the Hines Data Processing Center in Illinois. Access to data
processing centers is generally restricted to center employees, custodial personnel, Federal
Protective Service and other security personnel. Access to computer rooms is restricted to
authorized operational personnel through electronic locking devices. All other persons needing
access to computer rooms are escorted.
</p><p>2. System Security: Access to the VA network is protected by the usage of "logon"
identifications and passwords. Once on the VA network, separate ID and password credentials are
required to gain access to the VIS server and/or database. Access to the server and/or database is
granted to a limited number of users, system administrators and database administrators. In addition
VIS has undergone certification and accreditation. Based on a risk assessment that followed National
Institute of Standards and Technology Vulnerability and Threat Guidelines, the system is considered
stable and operational and an Authority to Operate has been granted. The system was found to be
operationally secure, with very few exceptions or recommendations for change.
</p></xhtmlContent></subsection>
<subsection type="retentionAndDisposal"><xhtmlContent><p>The VIS Application does not retain veteran's personal data in the application system. VIS
queries four data systems (BIRLS, VADIR, BDN and RBA2000) to meet user requests for data; once the
user request has been satisfied, the data is expunged from the system.
</p></xhtmlContent></subsection>
<subsection type="systemManager"><xhtmlContent><p>The official responsible for maintaining the VADIR repository: Program Manager, Registration
and Eligibility, Office of Enterprise Development, Interagency Program Executive Office (005Q3),
ATTN: VIS System of Records, 810 Vermont Avenue, NW., Washington, DC 20420.
</p></xhtmlContent></subsection>
<subsection type="notificationProcedure"><xhtmlContent><p>Individuals seeking information on the existence and content of a record pertaining to them
should contact the system manager, in writing, at the above address. Requests should contain the
full name, address and telephone number of the individual making the inquiry.
</p></xhtmlContent></subsection>
<subsection type="recordAccessProcedures"><xhtmlContent><p>See Notification Procedure above.
</p></xhtmlContent></subsection>
<subsection type="contestingRecordProcedures"><xhtmlContent><p>See Notification Procedure above.
</p></xhtmlContent></subsection>
<subsection type="recordSourceCategories"><xhtmlContent><p>The VIS data sources are: VADIR, the BIRLS, the BDN, and the RBA2000 corporate database.
</p></xhtmlContent></subsection></section>
    <section id="140VA00REG" toc="yes">
        <systemNumber>140VA00REG</systemNumber>
        <subsection type="systemName">
                    <xhtmlContent>
                        <p>
            Department of Veterans Affairs Federal Docket Management System Commenter Information (VAFDMS – Commenter Info)
        </p></xhtmlContent>
        </subsection>
        <subsection type="securityClassification">
            <xhtmlContent>
                <p>Unclassified</p></xhtmlContent>
                </subsection>
        <subsection type="systemLocation">
            <xhtmlContent>
                <p>Primary location:  Electronic records are kept at the U.S. Environmental Protection Agency, Research Triangle Park, NC 27711-0001.  Secondary location:  Duplicate electronic records are kept at Department of Veterans Affairs, 810 Vermont Avenue, NW, Washington, DC  20420.</p>
            </xhtmlContent>
        </subsection>
        <subsection type="systemManager">
            <xhtmlContent>
                <p>Jeffrey M. Martin,  Privacy Officer, Office of Regulation Policy and Management (00REG), Department of Veterans Affairs, 810 Vermont Ave., NW, Washington, DC  20420; telephone (202) 461-4902.</p>
            </xhtmlContent>
        </subsection>
        <subsection type="authorityForMaintenance">
            <xhtmlContent>
                <p>44 U.S.C. 3501, Note; Sec. 206(d), Pub. L. 107-347; 5 U.S.C. 301, 552, 552a, and 553.</p>
            </xhtmlContent>
        </subsection>
        <subsection type="purpose">
            <xhtmlContent>
                <p>To permit the Department of Veterans Affairs (VA) to identify individuals who have submitted comments in response to VA rulemaking documents or notices, so that communications or other actions, as appropriate and necessary, can be effected, such as to seek clarification of the comment, to directly respond to a comment, and for other activities associated with the rulemaking or notice process.</p>
            </xhtmlContent>
        </subsection>
        <subsection type="categoriesOfIndividuals">
            <xhtmlContent>
                <p>Individuals who voluntarily provide personal contact information when submitting a public comment and/or supporting materials in response to a Department of Veterans Affairs rulemaking document or notice.</p>
            </xhtmlContent>
        </subsection>
        <subsection type="categoriesOfRecords">
            <xhtmlContent>
                <p>Full name, postal address, e-mail address, phone and fax numbers of the individual submitting comments, the name of the organization or individual that the individual represents (if any), and the comments, as well as other supporting documentation, furnished by the individual.  Comments may include personal information about the commenter.</p>
            </xhtmlContent>
        </subsection>
        <subsection type="recordSourceCategories">
            <xhtmlContent>
                <p>Individuals; public or private organizations.</p>
            </xhtmlContent>
        </subsection>
        <subsection type="routineUsesOfRecords">
            <xhtmlContent>
                <p>1. Congress: VA may disclose information from the record of an individual in response to an inquiry from the congressional office made at the request of that individual.</p>
                <p>VA must be able to provide information about individuals to adequately respond to inquiries from Members of Congress at the request of constituents who have sought their assistance.</p>
                <p>2. Data breach response and remedial efforts: VA may, on its own initiative, disclose information from this system 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.</p>
                <p>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.</p>

                <p>a. Effective Response. A federal agency’s ability to respond quickly and effectively in the event of a breach of federal data is critical to its efforts to prevent or minimize any consequent harm.  An effective response necessitates disclosure of information regarding the breach to those individuals affected by it, as well as to persons and entities in a position to cooperate, either by assisting in notification to affected individuals or playing a role in preventing or minimizing harms from the breach.</p>

                <p>b. Disclosure of Information. Often, the information to be disclosed to such persons and entities is maintained by federal agencies and is subject to the Privacy Act (5 U.S.C. § 552a). The Privacy Act prohibits the disclosure of any record in a system of records by any means of communication to any person or agency absent the written consent of the subject individual, unless the disclosure falls within one of twelve statutory exceptions. In order to ensure an agency is in the best position to respond in a timely and effective manner, in accordance with 5 U.S.C. § 552a(b)(3) of the Privacy Act, agencies should publish a routine use for appropriate systems specifically applying to the disclosure of information in connection with response and remedial efforts in the event of a data breach.</p>
                <p>3. Data breach response and remedial efforts with another Federal agency</p>
                <p>VA may, on its own initiative, disclose information from this system to another Federal agency or Federal entity, when VA determines that information from this system of records is reasonably necessary to assist the recipient agency or entity in (1) responding to a suspected or confirmed breach or (2) preventing, minimizing, or remedying the risk of harm to individuals, the recipient agency or entity (including its information systems, programs, and operations), the Federal Government, or national security, resulting from a suspected or confirmed breach.</p>
                <p>4. Law Enforcement: VA may, on its own initiative, disclose information in this system, except the names and home addresses of veterans and their dependents, which is relevant to a suspected 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, 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.  On its own initiative, VA may also disclose 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, rule or order issued pursuant thereto.</p>
                <p>VA must be able to provide on its own initiative information that pertains to a violation of laws to law enforcement authorities in order for them to investigate and enforce those laws.  Under 38 U.S.C. § 5701(a) and (f), VA may disclose the names and addresses of veterans and their dependents to Federal entities with law enforcement responsibilities.  This is distinct from the authority to disclose records in response to a qualifying request from a law enforcement entity, as authorized by Privacy Act subsection 5 U.S.C. § 552a(b)(7).</p>
                <p>5. Litigation: 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 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 that is compatible with the purpose for which VA collected the records.</p>
                <p>To determine whether to disclose records under this routine use, VA will comply with the guidance promulgated by the Office of Management and Budget in a May 24, 1985, memorandum entitled ‘‘Privacy Act Guidance—Update," currently posted at http://www.whitehouse.gov/omb/inforeg/guidance1985.pdf.</p>
                <p>VA must be able to provide information to DoJ in litigation where the United States or any of its components is involved or has an interest.  A determination would be made in each instance that under the circumstances involved, the purpose is compatible with the purpose for which VA collected the information.  This routine use is distinct from the authority to disclose records in response to a court order under subsection (b)(11) of the Privacy Act, 5 U.S.C. § 552(b)(11), or any other provision of subsection (b), in accordance with the court’s analysis in Doe v. DiGenova, 779 F.2d 74, 78-85 (D.C. Cir. 1985) and Doe v. Stephens, 851 F.2d 1457, 1465-67 (D.C. Cir. 1988).</p>
                <p>6. Contractors: VA may disclose information from this system of records to individuals, organizations, private or public agencies, or other entities or individuals with whom VA has a contract or agreement to perform such services as VA may deem practicable for the purposes of laws administered by VA, in order for the contractor, subcontractor, public or private agency, or other entity or individual with whom VA has a contract or agreement to perform services under the contract or agreement.</p>
                <p>This routine use includes disclosures by an individual or entity performing services for VA to any secondary entity or individual to perform an activity that is necessary for individuals, organizations, private or public agencies, or other entities or individuals with whom VA has a contract or agreement to provide the service to VA.</p>
                <p>This routine use, which also applies to agreements that do not qualify as contracts defined by Federal procurement laws and regulations, is consistent with OMB guidance in OMB Circular A-130, App. I, paragraph 5a(1)(b) that agencies promulgate routine uses to address disclosure of Privacy Act-protected information to contractors in order to perform the services contracts for the agency.</p>
                <p>7. Equal Employment Opportunity Commission (EEOC): VA may disclose information from this system to the EEOC when requested 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 or regulation.</p>
                <p>VA must be able to provide information to EEOC to assist it in fulfilling its duties to protect employees’ rights, as required by statute and regulation.</p>
                <p>8. Federal Labor Relations Authority (FLRA): VA may disclose information from this system to the FLRA, including its General Counsel, information related to the establishment of jurisdiction, investigation, and resolution of allegations of unfair labor practices, or in connection with the resolution of exceptions to arbitration awards when a question of material fact is raised; for it to address matters properly before the Federal Services Impasses Panel, investigate representation petitions, and conduct or supervise representation elections.</p>
                <p>VA must be able to provide information to FLRA to comply with the statutory mandate under which it operates.</p>
                <p>9. Merit Systems Protection Board (MSPB): VA may disclose information from this system to the MSPB, or 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 authorized by law.</p>
                <p>VA must be able to provide information to MSPB to assist it in fulfilling its duties as required by statute and regulation.</p>
                <p>10. National Archives and Records Administration (NARA) and General Services Administration (GSA): VA may disclose information from this system to NARA and GSA in records management inspections conducted under title 44, U.S.C.</p>
                <p>NARA is responsible for archiving old records which are no longer actively used but 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 in order to determine the proper disposition of such records.</p>

                
                </xhtmlContent>
    </subsection>
        <subsection type="policiesAndPractices">
            <xhtmlContent>
                <p>Records are maintained electronically.  See System Location.</p>
            </xhtmlContent>
        </subsection>
        <subsection type="retrievability">
            <xhtmlContent>
                <p>Records are retrieved by various data elements and key word searches, among which are   by: Name, Agency, Docket Type, Docket Sub-Type, Agency Docket ID, Docket Title, Docket Category, Document Type, CFR Part, Date Comment Received, and Federal Register Published Date.</p>
            </xhtmlContent>
        </subsection>
        <subsection type="retentionAndDisposal">
            <xhtmlContent>
                <p>Records will be maintained and disposed of, in accordance with records disposition authority, approved by the Archivist of the United States.</p>
            </xhtmlContent>
        </subsection>
        <subsection type="safeguards">
            <xhtmlContent>
                <p>Electronic records are maintained in a secure, password protected, electronic system that utilizes security hardware and software to include:  multiple firewalls, active intruder detection, and role-based access controls.  Access to electronic records is limited to those officials who require the records to perform their official duties consistent with the purpose for which the information was collected.  All personnel whose official duties require access to the information are trained in the proper safeguarding and use of the information.</p>
            </xhtmlContent>
        </subsection>
        <subsection type="recordAccessProcedures">
            <xhtmlContent>
                <p>Individuals seeking to access or contest the contents of records, about themselves, contained in this System of Records should address a written request, including full name, address and telephone number to the Office of Regulation Policy and Management (00REG), Department of Veterans Affairs, 810 Vermont Ave., NW, Washington, DC 20420.</p>
            </xhtmlContent>
        </subsection>
        <subsection type="contestingRecordProcedures">
            <xhtmlContent>
                <p>See Record Access Procedure above.</p>
            </xhtmlContent>
        </subsection>
        <subsection type="notificationProcedure">
            <xhtmlContent>
                <p>Individuals seeking to determine whether this System of Records contains information about them should address written inquiries to the Office of Regulation Policy and Management (00REG), Department of Veterans Affairs, 810 Vermont Ave., NW, Washington, DC 20420.  Requests should contain the full name, address and telephone number of the individual making the inquiry.</p>
                
                </xhtmlContent>
    </subsection>
        <subsection type="exemptionsClaimed">
            <xhtmlContent>
                <p>There are no exemptions being claimed for this system.</p>
              
                </xhtmlContent>
    </subsection>
        <subsection type="history">
            <xhtmlContent>
                <p>A Notice of Establishment of New System of Records was published in the Federal Register on February 9, 2007 (72 FR 6315), and amended on March 25, 2008 (73 FR 15856) and further amended on March 3, 2015 (80 FR 11525). 
         

</p></xhtmlContent></subsection></section>
<section id="141VA005Q3" toc="yes">
<systemNumber>141VA005Q3</systemNumber>
<subsection type="systemName">Executive Veterans Affairs Contact Management System (Exec VA)--VA.
</subsection>
<subsection type="securityClassification"><xhtmlContent><p>None.
</p></xhtmlContent></subsection>
<subsection type="systemLocation"><xhtmlContent><p>The primary location of Exec VA application and database is at the Corporate Data Center
Operations (CDCO), 1615 Woodward Street, Austin, Texas 78772. Some copies of electronic records and
paper records may be available at various Department of Veterans Affairs (VA) offices where a matter
has been referred for action. Additionally, copies of records in this system of records may be
stored at various VA back up sites, including, Hines, Ill.
</p></xhtmlContent></subsection>
<subsection type="categoriesOfIndividuals"><xhtmlContent><p>The category of the individuals covered by the Exec VA database encompasses veterans, their
dependents, representatives, beneficiaries, and others contacting VA on veterans' issues.
</p></xhtmlContent></subsection>
<subsection type="categoriesOfRecords"><xhtmlContent><p>Records are maintained in electronic and paper form depending on the nature of the materials
received, background information compiled, and/or response sent. Each may include the names, Social
Security numbers, mailing addresses, telephone numbers, and other personal identifiers routinely
required to identify a correspondent or subject. Other record items maintained may include personal
facts about medical, financial, or memorial benefits related to the correspondent, veteran,
dependent or beneficiary. Internal VA records may include (but are not limited to) VA
administrative, financial and personnel information. Records may include scanned document, letter,
e-mail, fax, Internet document, tracking sheet, note, and documentation of a telephone call and/or
of a meeting with an individual.
</p></xhtmlContent></subsection>
<subsection type="authorityForMaintenance"><xhtmlContent><p>44 U.S.C. 3501, Note; Pub. L. 107-347, sec. 206(d); Note; 5 U.S.C. 301, and 553.
</p><p>Purpose:</p>
<p>The Exec VA is a contact management system designed to track issues from veterans, others
acting on their behalf, and others seeking information regarding veterans' issues. Initial contact
may come from calls placed to a VA call center, telephone inquiries received at a VA office, or
other medium including fax, e-mail, or information received at <i>http://www.va.gov.</i> The Exec VA
system is designed to provide a one-stop repository for veterans' issues. Upon receipt of an
inquiry, pertinent information is entered into Exec VA. The system provides access controls
maintaining the integrity and confidentiality of the contact management system.
</p></xhtmlContent></subsection>
<subsection type="routineUsesOfRecords"><xhtmlContent><p>1. VA may disclose information from the record of an individual to a congressional office in
response to an inquiry made at the request of that individual.
</p><p>2. VA may disclose information to individuals, organizations, private or public agencies, or
other entities whom VA has a contract or agreement to perform such services as VA may deem
practicable for the purposes of laws administered by VA, in order for the individual or entity with
whom VA has an agreement or contract to perform the services of the contract or agreement.
</p><p>3. VA may disclose information in this system to the Equal Employment Opportunity Commission when
requested in connection with investigations of alleged or possible discriminatory practices,
examination of Federal affirmative employment programs, or for other functions of the Commission as
authorized by law or regulation.
</p><p>4. VA may disclose to the Federal Labor Relations Authority, including its General Counsel,
information related to the establishment of jurisdiction, the investigation and resolution of
allegations of unfair labor practices, or information in connection with the resolution of
exceptions to arbitration awards when a question of material fact is raised, in matters properly
before the Federal Services Impasses Panel, and to investigate representation petitions and conduct
or supervise representation elections.
</p><p>5. VA may disclose information in this system to officials of the Merit Systems Protection Board,
or 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.
</p><p>6. VA may disclose information identified in 5 U.S.C. 7114(b)(4) 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.
</p><p>7. VA may disclose information from this system of records to the National Archives and Records
Administration (NARA) in records management inspections conducted under title 44, U.S.C. NARA is
responsible for archiving old records no longer actively used but which may be appropriate for
preservation, and for the physical maintenance of the Federal government's records.
</p><p>8. VA may disclose on its own initiative any information in this system, except the names and
home addresses of veterans and their dependents, which is relevant to a suspected 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, 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. On its own initiative, VA may also disclose 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, rule or order issued pursuant thereto.
</p><p>9. VA may disclose information in 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 disclosure of the records to the
Department of Justice 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.
</p><p>10. VA may disclose information in this system of records to another Federal agency; either on
VA's initiative or in response to a request from another Federal agency for the information after VA
determines that such information is relevant to that Federal agency's mission.
</p><p>Disclosure to consumer reporting agencies:
</p><p>The Exec VA database will not disclose information to any consumer reporting agency from
this system of record.
</p></xhtmlContent></subsection>
<subsection type="policiesAndPractices"><xhtmlContent><p>Storage:</p>
<p>Exec VA data is regularly backed up and stored at the Corporate Data Center Operations
(CDCO). A copy of the regular backups is securely transported and stored in a controlled storage
facility at Hines, Illinois.
</p></xhtmlContent></subsection>
<subsection type="retrievability"><xhtmlContent><p>Records are retrieved by various data elements and key word searches, among which are by:
Name, Number, Call#, Priority, Status, Subject, Address, Call Type, History, Claim#, SSN, Country,
State, VISN, Phone, Date, time, group, and Call Range.
</p></xhtmlContent></subsection>
<subsection type="safeguards"><xhtmlContent><p>The Exec VA is accessible by authorized VA personnel only with a user ID and a password that
can be authenticated. Staff of the CDCO performs backups for the Exec VA Application Server and the
Oracle Database Server, respectively, according to the following schedule:
</p><p>&#149; Incremental data backups on a daily basis; and
</p><p>&#149; Full data backups on a weekly basis.
</p></xhtmlContent></subsection>
<subsection type="retentionAndDisposal"><xhtmlContent><p>Records will be maintained and disposed of, in accordance with records disposition
authority, approved by the Archivist of the United States.
</p></xhtmlContent></subsection>
<subsection type="systemManager"><xhtmlContent><p>Director, Customer Relations &amp; Executive Projects, Office of the Secretary, 810 Vermont
Ave., NW., Washington, DC 20420; (202) 273-4830.
</p></xhtmlContent></subsection>
<subsection type="notificationProcedure"><xhtmlContent><p>Individuals seeking to determine whether this System of Records contains information, about
them, should address written inquiries to the Office of Secretary (00), Department of Veterans
Affairs, 810 Vermont Ave., NW., Washington, DC 20420. Requests should contain the full name, address
and telephone number of the individual making the inquiry.
</p></xhtmlContent></subsection>
<subsection type="recordAccessProcedures"><xhtmlContent><p>Individuals seeking to access or contest the contents of records, about themselves,
contained in this System of Records should address a written request, including full name, address
and telephone number to the Office of Secretary (00), Department of Veterans Affairs, 810 Vermont
Ave., NW., Washington, DC 20420.
</p></xhtmlContent></subsection>
<subsection type="contestingRecordProcedures"><xhtmlContent><p>(See Record Access Procedure above.)
</p></xhtmlContent></subsection>
<subsection type="recordSourceCategories"><xhtmlContent><p>Individuals who contact VA via the VA Web site at <i>http://www.va.gov</i> or by using a VA
call center include veterans, veterans' family members and/or their representatives, government
employees (Federal, State and local), realtors and home buyers, small business owners, vendors,
funeral directors, clinicians, teachers, researchers, employees of veterans' service organizations,
member of the public and all other individuals and representatives of organizations.
</p></xhtmlContent></subsection>
<subsection type="exemptionsClaimed"><xhtmlContent><p>No exemptions claimed for this system.
</p></xhtmlContent></subsection></section>
<section id="142VA114" toc="yes">
<systemNumber>142VA114</systemNumber>
<subsection type="systemName">Community Residential Care and Medical Foster Home Programs--VA.
</subsection>
<subsection type="systemLocation"><xhtmlContent><p>Records are maintained at selected VA health care facilities that have Community Residential
Care (CRC) and Medical Foster Home (MFH) Programs (in most cases, back-up computer tape information
is stored at the VA Data Processing Center, 1615 East Woodward Street, Austin, Texas 78772). Address
locations for VA facilities are listed in VA Appendix 1. In addition, information from these records
or copies of records may be maintained at the Department of Veterans Affairs, 810 Vermont Avenue,
NW., Washington, DC, VA Data Processing Centers, and Veterans Integrated Service Network Offices.
</p></xhtmlContent></subsection>
<subsection type="categoriesOfIndividuals"><xhtmlContent><p>The records include information concerning veterans who reside in CRC or MFH homes. In
addition, the records include information on the operators and staff of these homes.
</p></xhtmlContent></subsection>
<subsection type="categoriesOfRecords"><xhtmlContent><p>The records may include information related to:
</p><p>1. Applications, background checks, agreements with veterans, educational programs, driver's
licenses, health screenings, <i>etc.</i>
</p><p>2. Home inspection reports, corrective plans of action, emergency plans, correspondence, and
hearing documents.
</p><p>3. Personal identifiers (including date of birth, Social Security number, VA Claim number,
financial information, pictures, <i>etc.</i>), medical records, etc.
</p></xhtmlContent></subsection>
<subsection type="authorityForMaintenance"><xhtmlContent><p>Title 38, United States Code, section 1730.
</p></xhtmlContent></subsection>
<subsection type="purpose"><xhtmlContent><p>The records and information may be used for determining a potential facility's initial
eligibility and ongoing participation in the program, provision of medical and psycho-social
services to veterans, operation of the programs, and information required by VA Medical Centers to
complete quarterly statistical reports.
</p></xhtmlContent></subsection>
<subsection type="routineUsesOfRecords"><xhtmlContent><p>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>i.e.,
</i> 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 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.
</p><p>1. The record of an individual who is covered by a system of records may be disclosed to a Member
of Congress, or a staff person acting for the Member, when the Member or staff person requests the
record on behalf of or at the written request of the individual.
</p><p>2. Disclosure may be made to 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.).
</p><p>3. VA may disclose on its own initiative any information in this system, except the names and
home addresses of veterans and their dependents, that is relevant to a suspected 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, 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, rule, or order issued pursuant thereto.
</p><p>4. 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 the DoJ is a use
of the information contained in the records that is compatible with the purpose for which VA
collected the records.
</p><p>5. Disclosures 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 the 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.
</p><p>6. 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.
</p><p>7. 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 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.
</p><p>8. VA may disclose identifying information, including Social Security number, concerning
veterans, spouses of veterans, and the beneficiaries of veterans to other Federal agencies for the
purpose of conducting computer matches to obtain information to determine or verify eligibility of
veterans receiving VA medical care under Title 38, U.S.C.
</p><p>9. VA may disclose relevant health care information to: (1) A Federal agency or non-VA health
care provider or institution when VA refers a patient for hospital or nursing home care or medical
services, or authorizes a patient to obtain non-VA medical services and the information is needed by
the Federal agency or non-VA institution or provider to perform the services; or (2) a Federal
agency or to a non-VA hospital (Federal, state, and local public or private) or other medical
installation having hospital facilities, organ banks, blood banks, or similar institutions, medical
schools or clinics, or other groups or individuals that have contracted or agreed to provide medical
services or share the use of medical resources 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 and/or follow-
up, determining entitlement to a benefit, or for VA to effect recovery of the costs of the medical
care.
</p><p>10. VA may disclose information from this system of records to the Office of Management and
Budget (OMB) for the performance of its statutory responsibilities for evaluating Federal programs.
</p><p>11. VA may disclose information to a fiduciary or guardian ad litem in relation to his or her
representation of a claimant in any legal proceeding, but only to the extent necessary to fulfill
the duties of the fiduciary or guardian ad litem.
</p><p>12. VA may disclose relevant information from this system of records in the course of presenting
evidence to a court, magistrate, or administrative tribunal; in matters of guardianship, inquests,
and commitments; to private attorneys representing veterans rated incompetent in conjunction with
issuance of Certificates of Incompetency; and to probation and parole officers in connection with
court-required duties.
</p><p>13. VA may disclose information from this system of records relevant to a claim of a veteran or
beneficiary, such as the name, address, the basis and nature of a claim, amount of benefit payment
information, medical information, and military service and active duty separation information, at
the request of the claimant to accredited service organizations, VA-approved claim agents, and
attorneys acting under a declaration of representation, so that these individuals can aid claimants
in the preparation, presentation, and prosecution of claims under the laws administered by VA. The
name and address of a claimant will not, however, be disclosed to these individuals under this
routine use if the claimant has not requested the assistance of an accredited service organization,
claims agent, or an attorney.
</p><p>14. VA may disclose relevant medical record information concerning a patient to a non-VA nursing
home facility that is considering the patient for admission, when information concerning the
individual's medical care is needed for the purpose of preadmission screening under 42 CFR 483.20(f)
to identify patients who are mentally ill or mentally retarded so they can be evaluated for
appropriate placement.
</p></xhtmlContent></subsection>
<subsection type="policiesAndPractices"><xhtmlContent><p>Storage:</p>
<p>Records are maintained on computers, paper, and removable or external hardware.
</p></xhtmlContent></subsection>
<subsection type="retrievability"><xhtmlContent><p>Records are retrieved by name, Social Security number, or other assigned identifiers of the
individuals on whom they are maintained.
</p></xhtmlContent></subsection>
<subsection type="safeguards"><xhtmlContent><p>1. Access to VA working and storage areas 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 facilities are protected from outside access by the Federal Protective Service or
other security personnel.
</p><p>2. Access to computer rooms at health care facilities is generally limited by appropriate locking
devices and restricted to authorized VA employees and vendor personnel. ADP peripheral devices are
placed in secure areas (areas that are locked or have limited access) or are otherwise protected.
Information in VistA may be accessed by authorized VA employees. Access to file information is
controlled at two levels; the systems recognize authorized employees by 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. Information
that is downloaded from VistA and maintained on personal computers is afforded similar storage and
access protections as the data that is maintained in the original files. Access to information
stored on automated storage media at other VA locations is controlled by individually unique
passwords/codes.
</p><p>3. Access to the Austin VA Data Processing Center is generally restricted to Center employees,
custodial personnel, Federal Protective Service, and other security personnel. Access to computer
rooms is restricted to authorized operational personnel through electronic locking devices. All
other persons gaining access to computer rooms are escorted. Information stored in the computer may
be accessed by authorized VA employees at remote locations including VA health care facilities,
Information Systems Centers, VA Central Office, and Veterans Integrated Service Networks. Access is
controlled by individually unique passwords/codes which must be changed periodically by the
employee.
</p></xhtmlContent></subsection>
<subsection type="retentionAndDisposal"><xhtmlContent><p>Paper records and information are maintained and disposed of in accordance with records
disposition authority approved by the Archivist of the United States.
</p></xhtmlContent></subsection>
<subsection type="systemManager"><xhtmlContent><p>Official responsible for policies and procedures; Office of Geriatrics and Extended Care
(114), Department of Veterans Affairs, 810 Vermont Avenue NW, Washington, DC 20420.
</p></xhtmlContent></subsection>
<subsection type="notificationProcedure"><xhtmlContent><p>Individuals who wish to determine whether this system of records contains information about
them should contact the VA facility location at which they are or were employed or made or have
contact. Inquiries should include the person's full name, Social Security number, dates of
employment, date(s) of contact, and return address.
</p></xhtmlContent></subsection>
<subsection type="recordAccessProcedures"><xhtmlContent><p>Individuals seeking information regarding access to and contesting of records in this system
may write, call, or visit the VA facility location where they are or were employed or made contact.
</p></xhtmlContent></subsection>
<subsection type="contestingRecordProcedures"><xhtmlContent><p>(See Record Access Procedures above.)
</p></xhtmlContent></subsection>
<subsection type="recordSourceCategories"><xhtmlContent><p>Information in this system of records is provided by individuals requesting participation in
the CRC and MFH programs.
</p><p><b>APPENDIX I--ADDRESS LOCATIONS FOR VA FACILITIES
</b></p>
<p><i>COMMUNITY RESIDENTIAL CARE PROGRAMS:
</i></p><p>Togus ME; Bedford MA; Leeds MA; Boston MA; Bath NY; Canandaigua NY; Syracuse NY; Montrose
NY; East Orange NJ; Northport NY; Altoona PA; Lebanon PA; Wilkes Barre PA; Pittsburgh PA; Wilmington
DE; Clarksburg WV; Martinsburg WV; Perry Point MD; Beckley WV; Washington DC; Richmond VA; Hampton
VA; Salem VA; Asheville NC; Salisbury NC; Atlanta GA; Augusta GA; Dublin GA; Birmingham AL;
Tuscaloosa AL; Tuskegee AL; San Juan PR; Gainesville FL; Jacksonville FL; West Palm Beach FL;
Murfreesboro TN; Mountain Home TN: Lexington KY; Louisville KY; Cleveland OH; Dayton OH; Chillicothe
OH; Columbus OH; Danville IL; Indianapolis IN; Marion IN; Tomah WI; North Chicago IL; Hines IL; St.
Louis MO; Alexandria LA; New Orleans LA; Shreveport LA; Biloxi MS; Jackson MI; Fayetteville AR;
Little Rock AR; Dallas TX; Houston TX; San Antonio TX; Waco TX; Muskogee OK; Oklahoma City OK;
Denver CO; Salt Lake City UT; Boise ID; Roseburg OR; Tacoma WA; Loma Linda CA; Long Beach CA; Los
Angeles CA; San Diego CA; Palo Alto CA; St. Cloud MN; Sioux Falls SD; Omaha NE; Des Moines IA.
</p><p><i>MEDICAL FOSTER HOME PROGRAMS (Operational or Being Developed):
</i></p><p>Togus ME; Manchester NH; Boston MA; Lebanon PA; Huntington WV; Asheville NC; Hampton VA;
Salem VA; Augusta GA; Dublin GA; Tuscaloosa AL; Tuskegee AL; Bay Pines FL; Gainesville FL; Miami FL;
Tampa FL; West Palm Beach FL; San Juan PR; Lexington KY; Louisville KY; Memphis TN; Murfreesboro TN;
Chillicothe OH; Cleveland OH; Battle Creek MI; St. Louis MO; Biloxi MS; Fayetteville AR; Little Rock
AR; Dallas TX; San Antonio TX; Denver CO; Portland OR; Salt Lake City UT; Honolulu HI; Sioux Falls
SD; Des Moines IA; Minneapolis MN.
</p></xhtmlContent></subsection></section>
<section id="144VA026" toc="yes">
<systemNumber>144VA026</systemNumber>
<subsection type="systemName">General Counsel Legal Automation Workload System (GCLAWS)-VA
</subsection>
<subsection type="securityClassification"><xhtmlContent><p>None.
</p></xhtmlContent></subsection>
<subsection type="systemLocation"><xhtmlContent><p>The system of records is located in the Office of the General Counsel, Professional Staff
Group VI (026), U.S. Department of Veterans Affairs (VA), 810 Vermont Avenue, NW., Washington, DC
20420 and in the 22 Regional Counsel offices (Regions and addresses are listed at 38 Code of Federal
Regulations sect;thnsp;14.501(f)). Records for all Regions and Washington, DC are stored on a
secured server computer at the VA Capitol Regional Data Center in Falling Waters, West Virginia.
</p></xhtmlContent></subsection>
<subsection type="categoriesOfIndividuals"><xhtmlContent><p>Veterans and their beneficiaries, current and former employees, current contractors employed
by Department of Veterans Affairs, medical service providers, veterans' claims representatives, and
veterans' service organizations.
</p></xhtmlContent></subsection>
<subsection type="categoriesOfRecords"><xhtmlContent><p>Records include the name of an individual or business entity, and may contain Social
Security Number, partial address (city, state, and zip code), date of birth, veterans' claim number,
financial records, and/or medical records.
</p></xhtmlContent></subsection>
<subsection type="authorityForMaintenance"><xhtmlContent><p>38 U.S.C. Section 501; and Title 38, United States Code, Section 311.
</p></xhtmlContent></subsection>
<subsection type="purpose"><xhtmlContent><p>Case management, correspondence control, and statistical analysis. This system of records
contains case tracking for time and OGC personnel, and may contain embedded documents which may be
data privileged under the attorney-client relationship. The system will be used to provide
statistical and other information in response to legitimate and reasonable requests.
</p></xhtmlContent></subsection>
<subsection type="routineUsesOfRecords"><xhtmlContent><p>1. VA may disclose any information in this system of records to a Congressional office from
the record of an individual in response to an inquiry from the Congressional office made at the
request of that individual.
</p><p>2. VA may disclose any record in this system of records to NARA (National Archives and Records
Administration), the GSA (General Services Administration), or both, for which either agency says
that it needs the records in order to perform records management activities under authority of 44
U.S.C.
</p><p>3. VA may disclose information in this system of records to individuals, organizations, private
or public agencies, or other entities or individuals with whom VA has a contract or agreement to
perform such services as VA may deem practicable for the purposes of laws administered by VA, in
order for the contractor, subcontractor, public or private agency, or other entity or individual
with whom VA has an agreement or contract to perform the services of the contract or agreement. This
routine use includes disclosures by the individual or entity performing the service for VA to any
secondary entity or individual to perform an activity that is necessary for individuals,
organizations, private or public agencies, or other entities or individuals with whom VA has a
contract or agreement to provide the service to VA.
</p><p>4. VA may disclose on its own initiative any information in this system which is relevant to a
suspected 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, 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.
</p><p>5. VA may disclose information in 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 disclosure of the records to the
Department of Justice 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.
</p><p>6. VA may disclose any information in this system of records to appropriate agencies, entities,
and persons under the following circumstances: When (1) it is suspected or confirmed that the
security 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 or integrity of this system or other
systems or programs (whether maintained by the Department or another agency or entity) that rely
upon the compromised information; and (3) the disclosure is made to such agencies, entities, and
persons reasonably necessary to assist in connection with the Department's efforts to respond to the
suspected or confirmed compromise and prevent, minimize, or remedy such harm.
</p><p>7. The Department may disclose the information listed in 5 U.S.C. 7114(b)(4) 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.
</p><p>8. The Department may disclose information to officials of the Merit Systems Protection Board, or
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.
</p><p>9. The Department may disclose information to the Equal Employment Opportunity Commission when
requested 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 or regulation.
</p><p>10. The Department may disclose to the Federal Labor Relations Authority (including its General
Counsel) information related to the establishment of jurisdiction, the investigation and resolution
of allegations of unfair labor practices, or information in connection with the resolution of
exceptions to arbitration awards when a question of material fact is raised; to disclose information
in matters properly before the Federal Services Impasses Panel, and to investigate representation
petitions and conduct or supervise representation elections.
</p><p>Disclosure to consumer reporting agencies:
</p><p>None.
</p></xhtmlContent></subsection>
<subsection type="policiesAndPractices"><xhtmlContent><p>Storage:</p>
<p>The system of records is stored on a secured server computer protected in accordance with
current, applicable physical, technical and administrative requirements.
</p></xhtmlContent></subsection>
<subsection type="retrievability"><xhtmlContent><p>Individually-identified information is retrieved by the name of the record subject.
</p></xhtmlContent></subsection>
<subsection type="safeguards"><xhtmlContent><p>This list of safeguards furnished in this System of Record is not an exclusive list of
measures that has been, or will be, taken to protect individually-identifiable information.
</p><p>OGC will maintain the data in compliance with applicable VA security policy directives that
specify the standards that will be applied to protect sensitive personal information. Further, only
authorized individuals may have access to the data and only when needed to perform their duties.
They are required to take annual VA mandatory data privacy and security training.
</p><p>Access to data storage areas is restricted to authorized VA employee or contract staff who has
been cleared to work by the VA Office of Security and Law Enforcement. File areas are locked after
normal duty hours. VA facilities are protected from outside access by the Federal Protective Service
and/or other security personnel.
</p><p>Security complies with applicable Federal Information Processing Standards (FIPS) issued by the
National Institute of Standards and Technology (NIST).
</p><p>Contractors and their subcontractors who access the data are required to maintain the same level
of security as VA staff.
</p><p>Access to electronic files is controlled by using an individually unique password entered in
combination with an individually unique user identification code.
</p></xhtmlContent></subsection>
<subsection type="retentionAndDisposal"><xhtmlContent><p>Records will be maintained and disposed of in accordance with records disposition authority
approved by the Archivist of the United States.
</p><p>At the current time, OGC has records disposition authority for certain categories of these
records under Records Control Schedule N1ndash;15ndash;06ndash;2 which was approved by the Archivist
of the United States on March 7, 2007. The System Manager will initiate action to seek and obtain
additional disposition authority for the disposition of the non-covered records in accordance with
VA Handbook 6300.1, Records Management Procedures. The non-covered records will not be destroyed
until VA obtains a NARA-approved records disposition authority. Once VA has obtained NARA-approved
records disposition authority, VA OGC will amend this notice to reflect that authority, and any
destruction of electronic records will occur in accordance with the disposition authority.
</p></xhtmlContent></subsection>
<subsection type="systemManager"><xhtmlContent><p>Assistant General Counsel, Professional Staff Group VI (026), Office of General Counsel,
United States Department of Veterans Affairs, 810 Vermont Avenue, NW., Washington, DC 20420.
</p></xhtmlContent></subsection>
<subsection type="notificationProcedure"><xhtmlContent><p>An 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
record, should submit a written request to the Assistant General Counsel, Professional Staff Group
VI (026), Office of General Counsel, U.S. Department of Veterans Affairs, 810 Vermont Avenue, NW.,
Washington, DC 20420. Such requests must contain a reasonable description of the records requested.
All inquiries must reasonably identify the information involved and should include the individual's
full name, social security number, telephone number and return address.
</p></xhtmlContent></subsection>
<subsection type="recordAccessProcedures"><xhtmlContent><p>Individuals seeking information regarding access to and contesting of VA information
maintained by the Office of General Counsel may send a request by mail to the Assistant General
Counsel, Professional Staff Group VI (026), Office of the General Counsel, Department of Veterans
Affairs, 810 Vermont Avenue, NW., Washington, DC 20420.
</p></xhtmlContent></subsection>
<subsection type="contestingRecordProcedures"><xhtmlContent><p>(See Notification Procedure above.)
</p></xhtmlContent></subsection>
<subsection type="recordSourceCategories"><xhtmlContent><p>Individuals, businesses, and organizations that are covered by the system notice.
</p></xhtmlContent></subsection>
<subsection type="exemptionsClaimed"><xhtmlContent><p>None.
</p></xhtmlContent></subsection></section>
<section id="146VA005Q3" toc="yes">
<systemNumber>146VA005Q3</systemNumber>
<subsection type="systemName">Department of Veterans Affairs Identity Management System (VAIDMS).
</subsection>
<subsection type="systemLocation"><xhtmlContent><p>Primary location: Electronic records are kept at the VA Data Center at Falling Waters, WV.
Secondary locations: VA Data Center at Hines, IL, and Austin Automation Center, Austin, TX. Paper
records are kept at the individual VA field site locations, within the local human resources
offices.
</p></xhtmlContent></subsection>
<subsection type="categoriesOfIndividuals"><xhtmlContent><p>Individuals who require routine, long-term access to VA Federal facilities, and/or
information technology systems to perform their jobs, namely:
</p><p>1. VA employees;
</p><p>2. Contractors and subcontractors;
</p><p>3. Affiliates, including students, researchers, residents, Veterans Service Organization
volunteers, temporary help, and interns.
</p></xhtmlContent></subsection>
<subsection type="categoriesOfRecords"><xhtmlContent><p>Records maintained, on individuals issued PIV cards by VA, include the following data
fields: Full legal name, Social Security number; date of birth; signature; facial image
(photograph); fingerprints; hair color; eye color; height; weight; organization/office of
assignment; company name; telephone number; Personal Identity Verification (PIV) card issue and
expiration dates; personal identification number (PIN); results of background investigation; PIV
card request form; PIV registrar approval signature; PIV card serial number; PIV card expiration
date; copies of documents used to verify PIV card applicant identification, and/or information
derived from those documents, such as document title, document issuing authority, document number,
document expiration date, document other information); level of national security clearance and
expiration date; computer system user e-mail address; user access and permission rights,
authentication certificates; digital signature information, and card holder unique identifier
(CHUID).
</p><p>Records maintained on card holders, entering VA facilities or using VA computer systems, are
verified during the life cycle of audit records to include: Name, PIV Card serial number; date,
time, and location of entry and exit; contractor company name (if applicable); level of national
security clearance and expiration date; digital signature information; computer access dates, times,
and locations.
</p></xhtmlContent></subsection>
<subsection type="authorityForMaintenance"><xhtmlContent><p>5 U.S.C. 301; 38 U.S.C. 501; 40 U.S.C. 11331; 44 U.S.C 3544; Executive Order 9397; Homeland
Security Presidential Directive 12; Federal Information Processing Standard 201-1.
</p><p>Purpose:</p>
<p>The information collected in this system of records is used to a) ensure the safety and
security of VA facilities, systems, or information, (b) verify that all persons entering Federal
facilities, using Federal information resources, or accessing sensitive or classified information
are authorized to do so; (c) track and control PIV cards issued to persons entering and exiting the
facilities, using systems, or accessing sensitive or classified information, including patient
records. This system of records applies to all VA Federal employment and contract positions, and may
include VA employees, contractors, and affiliates to the extent their duties require access to VA
Federal facilities and/or information systems.
</p></xhtmlContent></subsection>
<subsection type="routineUsesOfRecords"><xhtmlContent><p>1. Disclosure may be made to individuals, organizations, private or public agencies, or
other entities or individuals with whom VA has a contract or agreement to perform such services as
VA may deem practicable for the purposes of laws administered by VA, in order for the contractor,
subcontractor, public or private agency, or other entity or individual with whom VA has an agreement
or contract to perform the services of the contract or agreement. This routine use includes
disclosures by the individual or entity performing the service for VA to any secondary entity or
individual to perform an activity that is necessary for individuals, organizations, private or
public agencies, or other entities or individuals with whom VA has a contract or agreement to
provide the service to VA.
</p><p>2. 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 compromised
information; and (3) the disclosure is to agencies, entities, or persons whom VA determines are
reasonably necessary to assist in or carry out the Department's efforts to respond to the suspected
or confirmed compromise and prevent, minimize, or remedy such harm.
</p><p>3. VA may disclose the information listed in 5 U.S.C. 7114(b)(4) 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.
</p><p>4. VA may disclose the information to officials of the Merit Systems Protection Board, or the
Office of 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.
</p><p>5. VA may disclose the information to the Equal Employment Opportunity Commission when requested
in connection with investigations of alleged or possible discriminatory practices, examination of
Federal affirmative employment programs, or for other functions of the Commission as authorized by
law or regulation.
</p><p>6. VA may disclose the information to the Federal Labor Relations Authority (FLRA) information
related to the establishment of jurisdiction, the investigation and resolution of allegations of
unfair labor practices, or information in connection with the resolution of exceptions to
arbitration awards when a question of material fact is raised; to disclose information in matters
properly before the Federal Services Impasses Panel, and to investigate representation petitions and
conduct or supervise representation elections.
</p><p>7. VA may disclose the information 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.
</p><p>8. VA may disclose the information to the National Archives and Records Administration or to the
General Services Administration for records management inspections conducted under 44 U.S.C. 2904
and 2906.
</p><p>9. VA may disclose information in this system of records to the Department of Justice (DOJ) and
Office Personnel Management (OPM), either on VA's initiative or in response to DOJ's and OPM's
request for the information, after either VA, DOJ, or OPM determines that such information is
relevant to DOJ's or OPM'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 disclosure of the records to the DOJ or OPM 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.
</p><p>10. VA may disclose on its own initiative any information in this system, except the names and
home addresses of veterans and their dependents, which is relevant to a suspected 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, 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. On its own initiative, VA may also disclose 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, rule or order issued pursuant thereto.
</p></xhtmlContent></subsection>
<subsection type="policiesAndPractices"><xhtmlContent><p>Storage:</p>
<p>Records are stored on paper in locked containers and electronically in secure locations.
</p></xhtmlContent></subsection>
<subsection type="retrievability"><xhtmlContent><p>Records may be retrieved by name of the individual, Cardholder Unique Identification (CHUID)
Number, Social Security Number (SSN), and/or by any other unique individual identifier.
</p></xhtmlContent></subsection>
<subsection type="safeguards"><xhtmlContent><p>Paper records are kept in locked cabinets in secure local VA facilities and access to them
is restricted to individuals whose role requires use of the PIV records. Electronic records are kept
in the PIV Identity Management System servers maintained at VA Data Centers in Falling Waters; WV,
Hines, IL; and Austin Automation Data Center, Austin, TX. Access to the records is restricted to
those with a specific role in the PIV process that requires access to PIV applicant data in order to
perform their duties, and who have been given a PIV card for authentication, and a password to
access the system of records. The computer servers in which records are stored are located in
secure, monitored facilities.
</p><p>Electronic records at the Data Centers are maintained in a secure, password protected electronic
system that utilizes security hardware and software to include: encryption, multiple firewalls,
active intruder detection, and role-based access controls.
</p><p>A Privacy Act Warning Notice appears on the Web-based PIV Registration Portal screen when records
containing information on individuals are first displayed. Data exchanged between the PIV servers
located in VA data centers, and PC computer equipment at PIV registration offices are encrypted
using SSL encryption (HTTPS) over commonly available Internet browsers. Backup tapes are stored in a
locked and controlled room in a secure, off-site location.
</p><p>An audit trail is maintained and reviewed periodically to identify unauthorized attempts to
access, and actual unauthorized access. Persons given roles in the PIV process must complete
training specific to their roles to ensure they are knowledgeable about how to protect individually-
identified information.
</p></xhtmlContent></subsection>
<subsection type="retentionAndDisposal"><xhtmlContent><p>Records relating to persons covered by this system are retained in accordance with General
Records Schedule 18, Item 17. Unless retained for specific, ongoing security investigations, and in
accordance with NARA, all of the PIV collected data will be retained for a minimum of 7.5 years
beyond the term of employment, unless otherwise directed.
</p><p>In accordance with HSPD-12, PIV Cards are deactivated within 18 hours from the notification
time for cardholder separation, loss of card, or expiration. The information on PIV Cards is
maintained in accordance with General Records Schedule 11, Item 4. PIV Cards are destroyed by
shredding, typically within 90 days after deactivation.
</p></xhtmlContent></subsection>
<subsection type="systemManager"><xhtmlContent><p>VA PIV Program Manager, Office of Human Resources (005Q3), Department of Veterans Affairs,
810 Vermont Ave., NW., Room B-11, Washington, DC 20420; telephone (202) 461-9759 (This
is not a toll free number).
</p></xhtmlContent></subsection>
<subsection type="notificationProcedure"><xhtmlContent><p>An individual can determine if this system contains a record pertaining to him/her by
sending a request in writing, signed, to the Systems Manager. When requesting notification of or
access to records covered by this Notice, an individual should provide his/her full name, date of
birth, agency name, and work location. An individual requesting notification of records in person
must provide identity documents sufficient to satisfy the custodian of the records that the
requester is entitled to access, such as a government-issued photo ID. Individuals requesting
notification via mail or telephone must furnish, at minimum, name, date of birth, Social Security
number, and home address in order to establish identity.
</p></xhtmlContent></subsection>
<subsection type="recordAccessProcedures"><xhtmlContent><p>Same as Notification procedures above.
</p></xhtmlContent></subsection>
<subsection type="contestingRecordProcedures"><xhtmlContent><p>Same as Notification procedures above. Requesters should also reasonably identify the
record, specify the information they are contesting, state the corrective action sought and the
reasons for the correction along with supporting justification showing why the record is not
accurate, timely, relevant, or complete.
</p></xhtmlContent></subsection>
<subsection type="recordSourceCategories"><xhtmlContent><p>Information is obtained from a variety of sources including the PIV applicant (employee,
contractor, or affiliate); the VA Active Directory; PIV applicant supervisor; existing VA personnel
file; PIV-compliant identity documents; former sponsoring agency; other Federal agencies; contract
employer; former employer.
</p></xhtmlContent></subsection>
<subsection type="exemptionsClaimed"><xhtmlContent><p>None.
</p></xhtmlContent></subsection></section>
<section id="147VA10NF1" toc="yes">
<systemNumber>147VA10NF1</systemNumber>
<subsection type="systemName">Enrollment and Eligibility Records--VA.
</subsection>
    <subsection type="systemLocation">
        <xhtmlContent>
            <p>Records are maintained at the Health Eligibility Center (HEC) in Atlanta, Georgia; the Austin Information Technology Center (AITC) in Austin, Texas; at each VA health care facility as described in the VA system of records entitled ‘‘Patient Medical Records-VA" (24VA10P2); and at the Veteran Health Identification Card (VHIC) located at the AITC and 3M Cogent, Inc.  Electronic and magnetic records are also stored at contracted facilities for storage and back-up purposes.</p>
        </xhtmlContent>
    </subsection>
    <subsection type="authorityForMaintenance">
        <xhtmlContent>
            <p>Title 28 U.S.C., title 38, U.S.C., sections 501(a), 1705, 1710, 1720G, 1722, and 5317.</p>
        </xhtmlContent>
    </subsection>
    <subsection type="purpose">
        <xhtmlContent>
            <p>Information in this system of records is used to establish and maintain applicants’ records necessary to support the delivery of health care benefits; establish applicants’ eligibility for VA health care benefits; VA’s Caregiver Support Program; operate an annual enrollment system; provide eligible Veterans with an identification card; collect from an applicant’s health insurance provider for care of their nonservice-connected conditions; provide educational materials related to VA health care benefits, such as the customized Veterans Health Benefits Handbook, respond to Veteran and non-Veteran inquiries related to VA health care benefits, and compile management reports.</p>
        </xhtmlContent>
    </subsection>
    <subsection type="categoriesOfIndividuals">
        <xhtmlContent>
            <p>The records contain information on individuals who have applied for or who have received VA health care benefits under title 38 U.S.C., chapter 17.  The records also include Veterans and caregivers inquiring about, applying for and participating in the Program of Comprehensive Assistance for Family Caregivers and the Program of General Caregiver Support Services established by the Caregivers and Veterans Omnibus Health Services Act of 2010, Public Law 111-163, signed into law on May 5, 2010, as well as individuals who call into VA’s Caregiver Support Line, Veterans, their spouses and dependents as provided for in other provisions of title 38 U.S.C.</p>
        </xhtmlContent>
    </subsection>
    <subsection type="categoriesOfRecords">
        <xhtmlContent>
            <p>The categories of records in this system may include:  Medical benefit applications; eligibility and enrollment information, including information obtained from Veterans Benefits Administration’s automated records, such as the "Compensation, Pension, Education and Rehabilitation Records-VA’’ (58VA21/22), and VHIC information including applicant’s name, address(es), date of birth, Member ID number - which is Department of Defense's Electronic Data Interchange Personal Identifier (EDIPI), Plan ID, special awards and Branch of Service, Internal Control Number (ICN), applicant’s image, preferred facility and facility requesting a VHIC, names, addresses and phone numbers of persons to contact in the event of a medical emergency, family information including spouse and dependent(s) name(s), address(es) and Social Security number; applicant and spouse’s employment information, including occupation, employer(s) name(s) and address(es); financial information concerning the applicant and the applicant’s spouse including family income, assets, expenses, debts; third party health plan contract information, including health insurance carrier name and address, policy number and time period covered by policy; facility location(s) where treatment is provided; type of treatment provided (i.e., inpatient or outpatient); information about the applicant’s military service (e.g., dates of active duty service, dates and branch of service, and character of discharge, combat service dates and locations, military decorations, POW status and military service experience including exposures to toxic substances); information about the applicant’s eligibility for VA compensation or pension benefits, and the applicant’s enrollment status and enrollment priority group.  These records also include, but are not limited to, individual correspondence provided to the HEC by Veterans, their family members and Veterans’ representatives, such as Veteran Service Officers (VSO); copies of death certificates; DD Form 214, "Certificate of Release or Discharge from Active Duty"; disability award letters; VA and other pension applications; VA Form 10–10EZ, "Application for Health Benefits"; VA Form 10–10EZR, "Health Benefits Renewal"; VA Form 10–10EC, "Application for Extended Care Services"; and workers compensation forms.  The Caregiver database that tracks these program participants includes, but is not limited to: the Veteran and/or caregiver(s) name, Social Security number, gender, age, date of birth, address, phone number, and email address; VA eligibility related information, such as service connection, DD 214, "Certification of Release or Discharge from Active Duty", Line of Duty documentation, and stipend payment information; written correspondence; VA Form 10-10CG, "Application for Comprehensive Assistance for Family Caregiver Program"; and correspondence with Caregiver Support Line, including referral information and VA staff remarks.</p>
        </xhtmlContent>
    </subsection>
    <subsection type="recordSourceCategories">
        <xhtmlContent>
            <p>Information in the systems of records may be provided by the applicant; applicant’s spouse or other family members or accredited representatives or friends; health insurance carriers; other Federal agencies; ‘‘Patient Medical Records-VA’’ (24VA10P2) system of records; ‘‘Veterans Health Information</p>
            <p>System and Technology Architecture (VistA) Records-VA’’ (79VA10P2); ‘‘Income Verification Records-VA’’ (89VA10NB); and Veterans Benefits Administration automated record systems, including ‘‘Veterans and Beneficiaries Identification and Records Location Subsystem-VA’’ (38VA23) and the ‘‘Compensation, Pension, Education and Rehabilitation Records-VA’’ (58VA21/22).</p>
        </xhtmlContent>
    </subsection>
    <subsection type="routineUsesOfRecords">
        <xhtmlContent>
            <p>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), that information cannot be disclosed under a routine use unless there is also specific regulatory authority in 45 CFR parts 160 and 164 permitting disclosure.</p>
            <p>1.  VA may disclose information from this system of records, as deemed necessary and proper, to named individuals serving as accredited service organization representatives and other individuals named as approved agents or attorneys for a documented purpose and period of time, to aid beneficiaries in the preparation and presentation of their cases during the verification and/or due process procedures and in the presentation and prosecution of claims under laws administered by VA.</p>
            <p>2.  VA may disclose on its own initiative any information in this system, except the names and home addresses of Veterans and their dependents, which is relevant to a suspected 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, 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.  On its own initiative, VA may also disclose the names and addresses of Veterans and their dependents to a Federal agency charged with the responsibility of investigating or prosecuting civil,</p>
            <p>criminal or regulatory violations of law, or charged with enforcing or implementing the statute, regulation, rule or order issued pursuant thereto.</p>
            <p>3.  VA may disclose information from this system of records to private attorneys representing Veterans rated incompetent in conjunction with issuance of Certificates of Incompetence, in the course of presenting evidence to a court, magistrate or administrative tribunal, in matters of guardianship, inquests and commitments; and to probation and parole officers in connection with court required duties.</p>
            <p>4.  VA may disclose information to a VA Federal fiduciary or a guardian ad litem in relation to his or her representation of a Veteran only to the extent necessary to fulfill the duties of the VA Federal fiduciary or the guardian ad litem.</p>
            <p>5.  VA may disclose information to attorneys, insurance companies, employers, third parties liable or potentially liable under health plan contracts, and to courts, boards, or commissions, but only to the extent necessary to aid VA in the preparation, presentation, and prosecution of claims authorized under Federal, State, or local laws, and regulations promulgated thereunder.</p>
            <p>6.  VA may disclose information in 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 disclosure 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 that is compatible with the purpose for which VA collected the records.</p>
            <p>7.  VA may disclose information to the NARA and General Services Administration in records management inspections conducted under authority of title 44 U.S.C.</p>
            <p>8.  VA may disclose information for the purposes identified below to a third party, except consumer reporting agencies, in connection with any proceeding for the collection of an amount owed to the United States by virtue of a person’s participation in any benefit program administered by VA.  Information may be disclosed under this routine use only to the extent that it is reasonably necessary for the following purposes: (a) To assist VA in the collection of costs of services provided individuals not entitled to such services, (b) to initiate civil or criminal legal actions for collecting amounts owed to the United States, and (c) for prosecuting individuals who willfully or fraudulently obtained or seek to obtain title 38 medical benefits.  This disclosure is consistent with 38 U.S.C. 5701(b)(6).</p>
            <p>9.  VA may disclose information such as the name and address of a Veteran or other information as is reasonably necessary to identify such Veteran, and any information concerning the Veteran’s indebtedness to the United States by virtue of the person’s participation in a benefits program administered by VA, to a consumer reporting agency for purposes of assisting in the collection of such indebtedness, provided that the provisions of 38 U.S.C. 5701(g)(4) have been met.</p>
            <p>10.  VA may disclose information to individuals, organizations, private or public agencies, or other entities with whom VA has a contract or agreement to perform such services as VA may deem practicable for the purposes of laws administered by VA in order for the individual or entity with whom VA has an agreement or contract to perform the services of the contract or agreement.  This routine use includes disclosures by the individual or entity performing the service for VA to any secondary individual or entity to perform an activity that is necessary for the individual or entity with whom VA has a contract or agreement to provide the service to VA.</p>
            <p>11.  VA may disclose information from the record of an individual who is covered by a system of records to a member of Congress, or a staff person acting for the member, when the member or staff person requests the record on behalf of and at the written request of the individual.</p>
            <p>12.  VA may disclose information to other Federal agencies to assist such agencies in preventing and detecting possible fraud or abuse by individuals in their operations and programs.</p>
            <p>13.  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 disclosure is required by the Memorandum from the Office of Management and Budget (M–07–16), dated May 22, 2007, of all systems of records of all Federal agencies.  This routine use also 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.</p>
            <p>14. Identifying information, including Social Security number of Veterans, spouse(s) of Veterans, and dependents of Veterans, may be disclosed to other Federal agencies for purposes of conducting computer matches, to obtain information to determine or verify eligibility of Veterans who are receiving VA medical care under relevant sections of title 38 U.S.C.</p>
            <p>15.  VA may disclose the name and VHIC image of a missing patient from a VA health care facility to local law enforcement for the purpose of assisting in locating the missing patient.</p>
            </xhtmlContent>
    </subsection>
    <subsection type="policiesAndPractices">
        <xhtmlContent>
            <p>Records are maintained on magnetic tape, magnetic disk, optical disk and paper at the HEC, VHIC databases, VA medical centers, the 3M Cogent, Inc. databases, AITC, contract facilities, and at Federal Record Centers.  In most cases, copies of back-up computer files are maintained at off-site locations and/or agencies with whom VA has a contract or agreement to perform such services, as VA may deem practicable.</p>
                     </xhtmlContent>
    </subsection>
    <subsection type="policiesAndPractices">
        <xhtmlContent>
            <p>Records are retrieved by name, and/or Social Security number, ICN, military service number, claim folder number, correspondence tracking number, internal record number, facility number, or other assigned identifiers of the individuals on whom they are maintained.</p>
           
            </xhtmlContent>
    </subsection>
    <subsection type="policiesAndPractices">
        <xhtmlContent>
            <p>Per RCS10-1 May of 2016; use disposition schedule 1250.1.b HEC Records, Optical Disks or Other Electronic Medium will be temporarily deleted when all phase of the Veteran’s appeal rights have ended (ten years after the income year for which the means test verification was conducted) (N1-15-98-3, item 2).  All Ad-Hoc reports created as part of this system shall be managed per NARA approved GRS 3.2 Items 030, Ad-Hoc reports.</p>
        </xhtmlContent>
    </subsection>
    <subsection type="safeguards">
        <xhtmlContent>
            <p>1.  Data transmissions between VA health care facilities, the HEC, the AITC, 3M Cogent, Inc. databases are accomplished using the Department’s secure wide area network.  The software programs automatically flag records or events for transmission based upon functional requirements.  Server jobs at each facility run continuously to check for data to be transmitted and/or incoming data which needs to be parsed to files on the receiving end.  All messages containing data transmissions include header information that is used for validation purposes.  The recipients of the messages are controlled and/or assigned to the mail group based on their role or position.  Consistency checks in the software are used to validate the transmission and electronic acknowledgment messages are returned to the sending application.  VA’s Office of Cyber Security has oversight responsibility for planning and implementing computer security.</p>
            <p>2.  Working spaces and record storage areas at HEC, AITC, and the VHIC processing locations are secured during all business hours, as well as during non-business hours. All entrance doors require an electronic pass card, for entry when unlocked, and entry doors are locked outside normal business hours.  Visitors to the HEC are required to present identification, sign-in at a specified location, and are issued a pass card that restricts access to non-sensitive areas.  Visitors to the HEC are escorted by staff through restricted areas.  At the end of the visit, visitors are required to turn in their badge.  The building is equipped with an intrusion alarm system, which is activated during non-business hours.  This alarm system is monitored by a private security service vendor.  The office space occupied by employees with access to Veteran records is secured with an electronic locking system, which requires a card for entry and exit of that office space.  Access to the AITC is generally restricted to AITC staff, VA Central Office employees, custodial personnel, Federal Protective Service and authorized operational personnel through electronic locking devices.  All other persons gaining access to the computer rooms are escorted.</p>
            <p>3.  Access to the VHIC contractor secured work areas is also controlled by electronic entry devices, which require a card and manual input for entry and exit of the production space.  The VHIC contractor’s building is also equipped with an intrusion alarm system and a security service vendor monitors the system.</p>
            <p>4. Contract employees are required to sign a Business Associates Agreement as required by the HIPAA Privacy Rule as acknowledgement of mandatory provisions regarding the use and disclosure of protected health information.  Employee and contractor access is deactivated when no longer required for official duties or upon termination of employment.  Recurring monitors are in place to ensure compliance with nationally and locally established security measures.</p>
            <p>5. Beneficiary’s enrollment and eligibility information is transmitted from the Enrollment and Eligibility information system to VA health care facilities over the Department’s secure computerized electronic communications system.</p>
            <p>6. Only specific key staff have authorized access to the computer room.  Programmer access to the information systems is restricted only to staff whose official duties require that level of access.</p>
            <p>7. On-line data reside on magnetic media in the HEC and AITC computer rooms that are highly secured.  Backup media are stored in the computer room within the same building and only information system staff and designated management staff have access to the computer room.  On a weekly basis, backup media are stored in off-site storage by a media storage vendor.  The vendor picks up and returns the media in a locked storage container; vendor personnel do not have key access to the locked container.  The AITC has established a backup plan for the Enrollment system as part of a required Certification and Accreditation of the information system.</p>
            <p>8. Any sensitive information that may be downloaded to personal computers or printed to hard copy format is provided the same level of security as the electronic records.  All paper documents and informal notations containing sensitive data are shredded prior to disposal.  All magnetic media (primary computer system) and personal computer disks are degaussed prior to disposal or release off-site for repair.  The VHIC contractor destroys all Veteran identification data 30 days after the VHIC card has been mailed to the Veteran in accordance with contractual requirements.</p>
            <p>9. All new HEC employees receive initial information security and privacy training; refresher training is provided to all employees on an annual basis.  The HEC’s Information Security Officer performs an annual information security audit and periodic reviews to ensure security of the system.  This annual audit includes the primary computer information system, the telecommunication system, and local area networks. Additionally, the Internal Revenue Service performs periodic on-site inspections to ensure the appropriate level of security is maintained for Federal tax data.</p>
            <p>10. Identification codes and codes used to access Enrollment and Eligibility information systems and records systems, as well as security profiles and possible security violations, are maintained on magnetic media in a secure environment at the Center. For contingency purposes, database backups on removable magnetic media are stored off-site by a licensed and bonded media storage vendor.</p>
            <p>11. Contractors, subcontractors, and other users of the Enrollment and Eligibility Records systems will adhere to the same safeguards and security requirements to which HEC staff must comply.</p>
        </xhtmlContent>
    </subsection>
    <subsection type="recordAccessProcedures">
        <xhtmlContent>
            <p>
                1.  In accordance with national and locally established data security procedures, access to enrollment information databases (HEC Legacy system and the Enrollment Database) is controlled by unique entry codes (access and verification codes).  The user’s verification code is automatically set to be changed every 90 days.  User access to data is controlled by role-based access as determined necessary by supervisory and information security staff as well as by management of option menus available to the employee.  Determination of such access is based upon the role or position of the
                employee and functionality necessary to perform the employee’s assigned duties.
            </p>
            <p>2.  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.  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.</p>
            <p>3.  User access to the VHIC database utilizes the national NT network authentication infrastructure.  The external VHIC vendor utilizes the One-VA Virtual Private Network secured connection for access to VHIC records.</p>
            <p>4.  Strict control measures are enforced to ensure that access to and disclosure from all records is limited to VA and the contractor’s employees whose official duties warrant access to those files.</p>
            <p>5.  As required by the provisions of the Health Insurance Portability and Accountability ACT (HIPAA) Privacy Rule, 45 CFR parts 160 and 164, access to records by HEC employees is classified under functional category ‘‘Eligibility and Enrollment Staff.’’</p>
        </xhtmlContent>
    </subsection>
    <subsection type="systemManager">
        <xhtmlContent>
            <p>Official responsible for policies and procedures: Chief Business Officer (10NB), VA Central Office, 1722 I Street, NW, Washington, DC 20420.  Official maintaining the system:  Director, Health Eligibility Center, 2957 Clairmont Road, Atlanta, GA 30329.</p>
        </xhtmlContent>
    </subsection>
    <subsection type="recordAccessProcedures">
        <xhtmlContent>
            <p>Individuals seeking information regarding access to and contesting of Enrollment and Eligibility Records may write to the Director, Health Eligibility Center, 2957 Clairmont Road, Atlanta, GA 30329.</p>
        </xhtmlContent>
    </subsection>
    <subsection type="contestingRecordProcedures">
        <xhtmlContent>
            <p>(See Record Access procedures above).</p>
        </xhtmlContent>
    </subsection>
    <subsection type="notificationProcedure">
        <xhtmlContent>
            <p>  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 record, should submit a written request or apply in person to the Health Eligibility Center.  All inquiries must reasonably identify the records requested.  Inquiries should include the individual’s full name, Social Security number, military service number, claim folder number and return address.</p>
        </xhtmlContent>
    </subsection>
    <subsection type="exemptionsClaimed">
        <xhtmlContent>
            <p>None.</p>
        </xhtmlContent></subsection></section>
<section id="149VA008A" toc="yes">
<systemNumber>149VA008A</systemNumber>
<subsection type="systemName">Non-Health Data Analyses and Projections for VA Policy and Planning-VA
</subsection>
<subsection type="systemLocation"><xhtmlContent><p>One location for electronic and paper records, following VA-approved procedures, is in the
Office of the Director, Office of Data Development and Analysis, (008A3), U.S. Department of
Veterans Affairs, 810 Vermont Ave., NW., Washington, DC 20420. Electronic records are also placed on
a Department of Veterans Affairs' (VA's) secured server housed at VA's Austin Automation Center,
1615 Woodward St., Austin, TX 78772. Records necessary for a contractor to perform a contract with
VA are located at the respective contractor's facility.
</p></xhtmlContent></subsection>
<subsection type="categoriesOfIndividuals"><xhtmlContent><p>1. Service members and veterans who have applied for any non-health-related benefits under
title 38, U.S.C.
</p><p>2. Veterans' spouse, surviving spouse, previous spouse, children, and parents who have applied
for any non-health-related benefit under title 38, U.S.C.
</p><p>3. Beneficiaries of other Federal agencies or other governmental entities.
</p><p>4. Individuals who have applied for any non-health-related benefits under title 38, U.S.C., but
who do not meet the requirements under Title 38 to receive such benefits.
</p></xhtmlContent></subsection>
<subsection type="categoriesOfRecords"><xhtmlContent><p>The records may include personal identifiers (<i>e.g.</i>, social security numbers and
military service numbers etc.), residential and professional contact data (<i>e.g.</i>, address and
telephone numbers etc.), population demographics (<i>e.g.</i>, gender and zip codes etc.), military
service-related data (<i>e.g.</i>, branch of service and service dates etc.), financial-related data
(<i>e.g.</i>, amount of historic benefit payments etc.), claims processing codes and information (<i
>e.g.</i>, disability compensation and pension award codes etc.), and other VA and non-VA Federal
information.
</p></xhtmlContent></subsection>
<subsection type="authorityForMaintenance"><xhtmlContent><p>Title 38, U.S.C. 527.
</p></xhtmlContent></subsection>
<subsection type="purpose"><xhtmlContent><p>Non-health-related qualitative, quantitative, and actuarial analyses and projections to
support policy analyses and recommendations to improve VA services for veterans and their families.
Analysis and review of policy and long-term planning issues affecting veterans programs to support
legislative, regulatory and policy recommendations, decisions and initiatives. These activities are
conducted for the Secretary, VA Administrations and Staff Offices, special programs and projects
within the Department (<i>e.g.</i>, special studies, advisory committees and task forces etc.), and
entities external to VA, such as the Office of Management and Budget (OMB), and the United States
(U.S.) Congress.
</p></xhtmlContent></subsection>
<subsection type="routineUsesOfRecords"><xhtmlContent><p><b>Note:</b> To the extent that records contained in the system include individually-
identifiable information protected by title 38, U.S.C. 7332, that information cannot be disclosed
under any of the following routine uses unless there is also specific disclosure authority in title
38, U.S.C. 7332.
</p><p>1. Upon suspicion or confirmation of compromised data in this system of records, Office of Policy
and Planning (OPP) may disclose any system records to law enforcement and security entities, as
necessary, for the investigations of any data security, identity theft, and fraud issues.
</p><p>2. 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.
</p><p>3. Any system records disclosure may be made to the National Archives and
</p><p>Records Administration in records management inspections under title 44, U.S.C.
</p><p>4. Any information in this system may be disclosed to the Department of Justice (DOJ), including
U.S. Attorneys, upon its official request in order for VA to respond to pleadings, interrogatories,
orders or inquiries from DOJ and to supply DOJ with information to enable DOJ to represent the U.S.
Government in any phase of litigation or in any case or controversy involving VA.
</p><p>5. Any system records may be disclosed to a Federal agency for the conduct of research and data
analysis to perform a statutory purpose of that Federal agency upon the prior written request of
that agency, provided that there is legal authority under all applicable confidentiality statutes
and regulations to provide the data and OPP has determined prior to the disclosure that OPP data
handling requirements are satisfied. OPP may disclose limited individual identification information
to another Federal agency for the purpose of matching and acquiring information held by that agency
for OPP to use for the purposes stated for this system of records.
</p><p>6. Any system records may be disclosed to individuals, organizations, private or public agencies,
or other entities or individuals with whom VA has a contract or agreement to perform such services
as VA may deem practicable for the purposes of laws administered by VA, in order for the contractor,
subcontractor, public or private agency, or other entity or individual with whom VA has an agreement
or contract to perform the services of the contract or agreement. This routine use includes
disclosures by the individual or entity performing the service for VA to any secondary entity or
individual to perform an activity that is necessary for individuals, organizations, private or
public agencies, or other entities or individuals with whom VA has a contract or agreement to
provide the service to VA.
</p><p>7. Any system records disclosure may be made to the OMB in order for them to perform their
statutory responsibilities for evaluating Federal programs.
</p><p>8. Upon receipt of a written request, VA may disclose information to any state, tribe, county, or
municipal agency for the purposes of outreach to a benefit under Title 38 Code of Federal
Regulations (CFR).
</p><p>9. Any records may be disclosed to appropriate agencies, entities, and persons under the
following circumstances: When (1) It is suspected or confirmed that the security 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 or integrity of this system or other systems or programs (whether maintained
by the Department or another agency or entity) that rely upon the compromised information; and (3)
the disclosure is made to such agencies, entities, and persons who are reasonably necessary to
assist in connection with the Department's efforts to respond to the suspected or confirmed
compromise and prevent, minimize, or remedy such harm.
</p><p>10. VA may disclose information in 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 disclosure of the records to the
Department of Justice 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.
</p><p>In determining whether to disclose records under this routine use, VA will comply with the
guidance promulgated by the Office of Management and Budget in a May 24, 1985, memorandum entitled
ldquo;Privacy Act Guidancemdash;Updaterdquo;, currently posted at <i>
http://www.whitehouse.gov/omb/inforeg/guidance1985.pdf.</i>
</p><p>11. VA may disclose on its own initiative any information in this system, except the names and
home addresses of veterans and their dependents, which is relevant to a suspected 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, 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. On its own initiative, VA may also disclose 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, rule or order issued pursuant thereto.
</p><p>Disclosure to consumer reporting agencies:
</p><p>The Department will not make disclosures from this system of records to consumer reporting
agencies.
</p></xhtmlContent></subsection>
<subsection type="policiesAndPractices"><xhtmlContent><p>Storage:</p>
<p>OPP's records are maintained electronically or in hard-copy form. All portable electronic
storage devices and media are stored in a combination-locked safe which is secured inside a key-
accessed room at the U.S. Department of Veterans Affairs, 810 Vermont Ave., NW., Washington, DC
20420. Other electronic data is placed on VA's segregated server which is housed at VA's Austin
Automation Center, 615 Woodward St., Austin, TX 78772. Information stored on paper is kept locked in
file cabinets when not in immediate use. All imported and exported OPP data is handled and housed
via the provisions of signed data use agreements and current VA data security policies, procedures,
and directives. When contractors must have access to data in this system of records in order to
perform the contract, contractors house VA data in their own facilities in accordance with current
VA data security policies, procedures and directives.
</p></xhtmlContent></subsection>
<subsection type="retrievability"><xhtmlContent><p>OPP's records may be retrieved by using an individual's social security number, military
service number, VA claim or file number, non-VA Federal benefit identifiers, and other personal
identifiers.
</p></xhtmlContent></subsection>
<subsection type="safeguards"><xhtmlContent><p>All VA offices are protected from outside access by security personnel seven days a week.
Entrances and exits are monitored by security cameras and protected by an alarm system. All VA staff
and visitors are required to either have a VA-issued employment identification card or a temporary
visitor identification badge. All work stations are secured during daytime and evening hours.
</p><p>Electronic data located in Washington, DC is stored in a combination-key-locked safe which is
secured inside a limited-access room. Authorized employee access to the limited-access room and the
safe is based upon strict business needs as determined by OPP's Assistant Secretary. Textual data is
stored in key-locked cabinets inside secured rooms. Access to the server in the Austin Automation
Center in Austin, TX is generally limited by appropriate locking devices and restricted to
authorized VA personnel. The Austin Automation Center is a secure facility.
</p><p>All data requests must be in writing, reviewed by a panel of OPP personnel, concurred on by OPP's
Assistant Secretary, and released under the auspices of a signed data use agreement. File extracts
provided for specific official uses will be limited to contain only the information fields needed
for the analysis. Data used for analyses will have individual identifying characteristics removed or
encrypted whenever possible. Unencrypted sensitive variables will only be used for analysis as a
last resort.
</p><p>Security complies with applicable Federal Information Processing Standards (FIPS) issued by the
National Institute of Standards and Technology (NIST). Health information files containing unique
identifiers such as social security numbers are encrypted to NIST-verified FIPS 140ndash;2 standard
or higher for storage, transport, or transmission. All files stored or transmitted on laptops,
workstations, data storage devices and media are encrypted. Files are kept encrypted at all times
except when data is in immediate use, per specifications by VA Office of Information Technology.
NIST publications were consulted in development of security for this system of records.
</p><p>In the event of a contract or special project, VA may secure the services of contractors and/or
subcontractors. In such cases, VA will maximize the utilization of encrypted data, when possible.
Contractors and their subcontractors are required to maintain the same level of security as VA staff
for non-health care information that has been disclosed to them. Unless explicitly authorized in
writing by the VA, sensitive or protected data made available to the contractor and subcontractors
shall not be divulged or made known in any manner to any person.
</p><p>All VA employees and contractors are mandated to complete annual cyber security and privacy
training.
</p></xhtmlContent></subsection>
<subsection type="retentionAndDisposal"><xhtmlContent><p>In accordance with Title 36, CFR, Section 1234.34, <i>Destruction of Electronic Records,</i>
ldquo;electronic records may be destroyed only in accordance with a records disposition schedule
approved by the Archivist of the United States, including General Records Schedules.rdquo; This
Office's electronic files are destroyed or deleted when no longer needed for administrative, legal,
audit, or other operational purposes in accordance with records disposition authority approved by
the Archivist.
</p><p>If the Archivist has not approved disposition authority for any records covered by the system
notice, the System Manager will take immediate action to have the disposition of records in the
system reviewed and paperwork initiated to obtain an approved records disposition authority in
accordance with VA Handbook 6300.1, Records Management Procedures. The records may not be destroyed
until VA obtains an approved records disposition authority. OPP will publish an amendment to this
notice upon issuance of a NARA-approved disposition authority.
</p></xhtmlContent></subsection>
<subsection type="systemManager"><xhtmlContent><p>OPP's system manager is the Director, Office of Data Development and Analysis, (008A3), U.S.
Department of Veterans Affairs, 810 Vermont Ave., NW., Washington, DC 20420.
</p></xhtmlContent></subsection>
<subsection type="notificationProcedure"><xhtmlContent><p>An 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
record, should submit a written request to the Director, Office of Data Development and Analysis,
(008A3), U.S. Department of Veterans Affairs, 810 Vermont Ave., NW., Washington, DC 20420. Such
requests must contain a reasonable description of the records requested. In addition, identification
of the individual requesting the information will be required in the written request and will
minimally consist of the requester's name, signature, social security number, address, telephone
number, and return address.
</p></xhtmlContent></subsection>
<subsection type="recordAccessProcedures"><xhtmlContent><p>(See Notification procedure above.)
</p></xhtmlContent></subsection>
<subsection type="contestingRecordProcedures"><xhtmlContent><p>(See Notification procedure above.)
</p></xhtmlContent></subsection>
<subsection type="recordSourceCategories"><xhtmlContent><p>This Office's information is obtained from VA's benefits-related databases, the DoD, Federal
and State agencies, and other organizations whose data is necessary to accomplish the purpose for
this system of records.
</p></xhtmlContent></subsection></section>
<section id="151VA005OP6" toc="yes">
<systemNumber>151VA005OP6</systemNumber>
<subsection type="systemName">Inquiry Routing &amp; Information System (IRIS)-VA 
</subsection>
<subsection type="systemLocation"><xhtmlContent>
<p>The system of records is located at Oracle’s secure government </p>

<p>cloud facility at Equnix Datacenter, 1905 Lunt Avenue, Elk Grove, Illinois 60007.</p>

</xhtmlContent></subsection>
<subsection type="categoriesOfIndividuals"><xhtmlContent>
<p>Individuals who contact VA via the VA Web site at www.va.gov or by contacting a VA call center including beneficiaries and other veterans, veterans’ family members and/or their representatives, health care professionals, clinicians, employees and managers of small businesses, vendors, funeral directors, mortgage companies, realtors, home buyers, researchers, small business owners, veterans’ service organizations, other Federal agencies, State and local government employees, teachers, and other demographic groups representing every segment of the population both at home and abroad.  </p>

</xhtmlContent></subsection>
<subsection type="categoriesOfRecords"><xhtmlContent>
<p>The records include questions, complaints, suggestions, compliments, and/or requests for the status of claims and may also include name, address, phone number, e-mail address, service or claim number, Social Security number, date of birth; branch of service; entered on active duty date and released from active duty date, </p>

</xhtmlContent></subsection>
<subsection type="authorityForMaintenance"><xhtmlContent>
<p>Title 38, United States Code, Sections 501 and 7304.</p>



</xhtmlContent></subsection>
<subsection type="purpose"><xhtmlContent>
<p>The purpose of this system of records is to receive and respond to questions, complaints, suggestions, compliments, and requests for the status of claims and other information by gathering sufficient information from the senders of inquiries to provide thorough, accurate and timely responses.  The IRIS gives VA the ability to track inquiry traffic, measure the quality and timeliness of responses, and develop and post Frequently Asked Questions (FAQs) based on the analysis of messages received. VA management also uses the information to quantify contacts, analyze issues pertaining to veterans and VA’s mission, and to measure staff performance regarding the quality and timeliness of responses.</p></xhtmlContent></subsection>
<subsection type="routineUsesOfRecords"><xhtmlContent>
<p>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 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.</p>

<p>1. Disclosure may be made to individuals, organizations, private or public agencies, or other entities or individuals with whom VA has a contract or agreement to perform such services as VA may deem practicable for the purposes of laws administered by VA, in order for the contractor, subcontractor, public or private agency, or other entity or individual with whom VA has an agreement or contract to perform the services of 

the contract or agreement.  This routine use includes disclosures by the individual or entity performing the service for VA to any secondary entity or individual to perform

an activity that is necessary for individuals, organizations, private or public agencies, or other entities or individuals with whom VA has a contract or agreement the to 

provide the service to VA.  </p>

<p>2.  To disclose information to the Equal Employment Opportunity Commission when requested in connection with investigations of alleged or possible discriminatory practices, examination of Federal affirmative employment programs, or for other functions of the Commission as authorized by law or regulation.</p>
<p>3.  To disclose information to officials of the Merit Systems Protection Board, or 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.</p>
<p>4.  VA may disclose on its own initiative any information in this system, except the names and home addresses of veterans and their dependents, which is relevant to a suspected 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, 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.  On its own initiative, VA may also disclose 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, rule or order issued pursuant thereto.</p>
<p>5.  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.  </p>
<p>6.  VA may disclose information in 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 disclosure of the records to the Department of Justice 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.  </p>
<p>7.   VA may disclose information to a member of Congress or a congressional staff member in response to an inquiry from the congressional office made at the request of that individual.</p>

<p>8.  Disclosure may be made to National Archives and Records Administration (NARA) in records management activities and inspections conducted under authority of title 44 United States Code.</p>
<p>9.  Disclosure may be made to other Federal agencies to assist such agencies in preventing and detecting possible fraud or abuse by individuals in their operations and programs. </p>
</xhtmlContent></subsection>
<subsection type="policiesAndPractices"><xhtmlContent>

<p>Storage:</p>
<p>The IRIS stores electronic and archived messages on the secure IRIS server at the Oracle’s FedRamp-approved hosting facility in Elk Grove, Illinois.</p></xhtmlContent></subsection>
<subsection type="retrievability"><xhtmlContent>
<p>All records in the IRIS are electronic only and are retrieved by system inquiry number, and/or name, and/or zip code, and/or e-mail address, and/or Social Security number, and/or claim and/or service number.  </p>

</xhtmlContent></subsection>
<subsection type="safeguards"><xhtmlContent>
<p>     The IRIS runs on a Secure Socket Layer (SSL) and on Transport Layer Security (TLS) and can only be accessed by authorized persons employed by and/or contracted to VA with the use of unique usernames and passwords, consistent with VA security policy.</p>
<p> The server on which the IRIS software and database reside is located in a secure facility at Equnix Datacenter, 1905 Lunt Ave., Elk Grove, Illinois 60007. This facility is locked down at all times and has a security guard on duty at all times. Access to the computer room is restricted to specifically authorized VA staff or persons contracted to VA. In addition, these persons must have separate and authorized access to the IRIS server itself.  All electronic data in this system are backed 
up nightly, with backups stored electronically and securely in the Elk Grove, Illinois location.   </p>

</xhtmlContent></subsection>
<subsection type="retentionAndDisposal"><xhtmlContent>
<p>Records are maintained and disposed of with records disposition authority approved by the Archivist of the United States. </p>

</xhtmlContent></subsection>
<subsection type="systemManager"><xhtmlContent>
<p>   The IRIS system falls under the jurisdiction of the Director, Enterprise Web Applications Support (EWAS) 005Q3, Service Delivery and Engineering (SDE), Office of Information &amp; Technology (OI&amp;T) OI Field Office, 1100 1st St, NE, Room 513, Washington, D.C. 20002-4221.</p>

</xhtmlContent></subsection>
<subsection type="notificationProcedure"><xhtmlContent>
<p>      A person who wishes to determine whether a record is being maintained in this system under his or her name or other personal identifier or wishes to determine the contents of such records should submit a written request or apply in person to Enterprise Web Applications Support (EWAS) 005Q3, Service Delivery and Engineering (SDE), Office of Information &amp; Technology (OI&amp;T),OI Field Office, 1100 1st St, NE, Room 513, Washington, D.C. 20002-4221. Requests should contain full name, address and phone number of the person making this request.   </p>

</xhtmlContent></subsection>
<subsection type="recordAccessProcedures"><xhtmlContent>
<p>    Individuals seeking information regarding access to and amendment of records in this system may write, call or visit Enterprise Web Applications Support (EWAS)005Q3, Service Delivery and Engineering (SDE), Office of Information &amp; Technology (OI&amp;T), OI Field Office, 1100 1st St, NE, Room 513, Washington, D.C. 20002-4221. Requests should contain full name, address and phone number of the person making this request. </p>

</xhtmlContent></subsection>
<subsection type="contestingRecordProcedures"><xhtmlContent>
<p>(See Record Access Procedure above)</p>



</xhtmlContent></subsection>
<subsection type="recordSourceCategories"><xhtmlContent>
<p>   Individuals who contact VA via the VA Web site at www.va.gov or by using a VA call center include veterans, veterans’ family members and/or their representatives, government employees (Federal, State and local), realtors and home buyers, small business owners, vendors, funeral directors, clinicians, teachers, researchers, employees of veterans’ service organizations, member of the public and all other individuals and representatives of organizations.</p>

</xhtmlContent></subsection>
<subsection type="recordSourceCategories"><xhtmlContent>
<p>Information contained in this system of records is provided by Veterans, 
beneficiaries, family members, and all other persons doing business with VA using 
 Contact VA on department web sites and utilizing 800 toll free numbers to reach VA 

call centers, regional offices, medical centers and other VA entities.</p></xhtmlContent></subsection></section>

    
    <section id="152VA10P6" toc="yes">
        <systmeNumber>152VA10P6</systmeNumber>

        <subsection type="systemName">Ethics Consultation Web-based Database (ECWeb)-VA</subsection>
        <subsection type="systemLocation">
            <xhtmlContent>
                <p>Automated records within the Ethics Consultation Web-based Database (ECWeb) may be maintained on a VA-owned server administered by the Department of Veterans Affairs, 810 Vermont Avenue, NW, Washington, DC.</p>
            </xhtmlContent>
        </subsection>
        <subsection type="categoriesOfIndividuals">
            <xhtmlContent>
                <p>The records include information concerning.</p>
                <p>1. Veterans who have applied for health care services under Title 38, U.S.C., Chapter 17, and members of their immediate families.</p>
                <p>2. Spouse, surviving spouse, and children of Veterans who have applied for health care services under Title 38, U.S.C., Chapter 17.</p>
                <p>3. Other requesters or participants from outside VA for whom personal information will be collected.</p>
                <p>4. Individuals examined or treated under contract or resource sharing agreements.</p>
                <p>5. Individuals examined or treated for research or donor purposes.</p>
                <p>6. Individuals who have applied for Title 38 benefits, but who do not meet the requirements under Title 38 to receive such benefits.</p>
                <p>7. Individuals who were provided medical care under emergency conditions for humanitarian reasons.</p>
                <p>8. Pensioned members of allied forces provided health care services under Title 38, U.S.C., Chapter I.</p>
                <p>9. Current and former employees.</p>
                <p>10. Contractors employed by the Department of Veterans Affairs.</p>
            </xhtmlContent>
        </subsection>
        <subsection type="categoriesOfRecords">
            <xhtmlContent>
                <p>The ECWeb record documents the consultation request, relevant consultation specific information, a summary of the information including the ethical analysis and moral deliberation, the explanation of the findings to relevant parties and support of the consultation process.  The ECWeb record also includes related notes and attachments.</p>
                <p>The records may include information related to ethics consultations performed in and for VHA medical treatment facilities. Information may include relevant information from a health record (a cumulative account of sociological, diagnostic, counseling, rehabilitation, drug and alcohol, dietetic, medical, surgical, dental, psychological, and/or psychiatric information compiled by VA professional staff and non-VA health care providers); subsidiary record information (e.g., tumor registry, dental, pharmacy, nuclear medicine, clinical laboratory, radiology, and patient scheduling information); identifying information (e.g., name, address, date of birth, partial social security number), military service information (e.g., dates, branch and character of service, service number, health information), family or authorized surrogate information (e.g., next-of-kin and person to notify in an emergency), employment information (e.g., occupation, employer name and address), and information pertaining to the individual’s medical, surgical, psychiatric, dental, and/or treatment (e.g., information related to the chief complaint and history of present illness; information related to physical, diagnostic, therapeutic, special examinations, clinical laboratory, pathology and x-ray findings, operations, medical history, medications prescribed and dispensed, treatment plan and progress, consultations; photographs taken for identification and medical treatment, education and research purposes; facility locations where treatment is provided; observations and clinical impressions of health care providers to include identity of providers and to include, as appropriate, the present state of the patient’s health, an assessment of the patient’s emotional, behavioral, and social status, as well as an assessment of the patient’s rehabilitation potential and nursing care needs).  In addition the record may include the name and contact information for health care providers, and information regarding health care rendered by those providers.</p>
            </xhtmlContent>
        </subsection>
        <subsection type="authorityForMaintenance">
            <xhtmlContent>
                <p>Title 38, U.S.C., 501(b), 304, 7301, and 7304(a).</p>
            </xhtmlContent>
        </subsection>
        <subsection type="purpose">
            <xhtmlContent>
                <p>The automated records may be used for such purposes as: Ethics consultation concerning education; ongoing treatment of the patient; documentation of treatment provided; payment; health care operations such as producing various management and patient follow-up reports; responding to patient and other inquiries; for epidemiological research and other health care related studies; statistical analysis, resource allocation and planning; providing clinical and administrative support to patient health care;  audits, reviews and investigations conducted by staff of the health care facility, the VISN’s, VA Central Office, and the VA Office of Inspector General (OIG); sharing of health information between and among Veterans Health Administration (VHA), Department of Defense (DoD), Indian Health Services (IHS), and other government and private industry health care organizations; quality improvement/ assurance audits, reviews and investigations; personnel management and evaluation; employee ratings and performance evaluations, and employee disciplinary or other adverse action, including removal; advising health care professional licensing or monitoring bodies or similar entities of activities of VA and former VA health care personnel; and, accreditation of a VA health care facility by an entity such as TJC.</p>
            </xhtmlContent>
        </subsection>
        <subsection type="routineUsesOfRecords">
            <xhtmlContent>
                <p>To the extent that records contained in the system include information protected by 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; information protected by 38 U.S.C § 5705, i.e., quality assurance records; or information protected by 45 C.F.R. Parts 160 and 164, i.e., individually identifiable health information (IIHI), such information cannot be disclosed under a routine use unless there is also specific statutory authority permitting the disclosure.  VA may disclose protected health information pursuant to the following routine uses where required or permitted by law.</p>
                <p>1. Disclosure of health care information as deemed necessary and proper to Federal, state and local government agencies and national health organizations in order to assist in the development of programs that will be beneficial to claimants, to protect their rights under law, and assure that they are receiving all benefits to which they are entitled.</p>
                <p> 2. Disclosure of individually identifiable health care information may be made by appropriate VA personnel to the extent necessary and on a need-to-know basis, consistent with good medical and ethical practices, to family members and/or the person(s) with whom the patient has a meaningful relationship.</p>
                <p>3. Relevant information may be disclosed to a guardian ad litem in relation to his or her representation of a claimant in any legal proceeding.</p>
                <p>4. Relevant information may be disclosed to attorneys, insurance companies, employers, third parties liable or potentially liable under health plan contracts, and to courts, boards, or commissions, only to the extent necessary to aid VA in preparation, presentation, and prosecution of claims authorized under Federal, state, or local laws, and regulations promulgated thereunder.</p>
                <p>5. Disclosure of health information, excluding name and home address, (unless name and address is furnished by the requester) for research purposes determined to be necessary and proper, to epidemiological and other research entities approved by the Under Secretary for Health.</p>
                <p>6. Relevant 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.</p>
                <p>7. Relevant health care information concerning a non-judicially declared incompetent patient may be disclosed to a third party upon the written authorization of the patient’s next of kin in order for the patient or, consistent with the best interest of the patient, a member of the patient’s family, to receive a benefit to which the patient or family member is entitled or, to arrange for the patient’s discharge from a VA medical facility.  Sufficient information to make an informed determination will be made available to such next of kin.  If the patient’s next of kin are not reasonably accessible, the Chief of Staff, Director, or designee of the custodial VA health care facility may make disclosure of health care information for these purposes.</p>
                <p>8. Relevant health care information may be disclosed to a non-VA nursing home facility that is considering the patient for admission, when information concerning the individual’s medical care is needed for the purpose of preadmission screening under 42 CFR 483.20(f), for the purpose of identifying patients who are mentally ill or mentally retarded, so they can be evaluated for appropriate placement.</p>
                <p>9. Relevant health care information may be disclosed to a State Veterans Home for the purpose of medical treatment and/or follow-up at the State Home when VA makes payment of a per diem rate to the State Home for the patient receiving care at such home, and the patient receives VA medical care.</p>
                <p>10. Relevant health care information may be disclosed to (a) A Federal agency or non-VA health care provider or institution when VA refers a patient for hospital or nursing home care or medical services, or authorizes a patient to obtain non-VA medical services and the information is needed by the Federal agency or non-VA institution or provider to perform the services; or (b) a Federal agency or a non-VA hospital (Federal, state and local, public or private) or other medical installation having hospital facilities, blood banks, or similar institutions, medical schools or clinics, or other groups or individuals that have contracted or agreed to provide medical services, or share the use of medical resources 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 and/or follow-up, determining entitlement to a benefit or, for VA to effect recovery of the costs of the medical care.</p>
                <p>11. Information from an ECWeb record which relates to the performance of a health care student or provider may be disclosed to a medical or nursing school, or other health care related training institution, or other facility with which there is an affiliation, sharing agreement, contract, or similar arrangement when the student or provider is enrolled at or employed by the school or training institution, or other facility, and the information is needed for personnel management, rating and/or evaluation purposes.</p>
                <p>12. Relevant health care information may be disclosed to individuals, organizations, private or public agencies, etc., with whom VA has a contract or sharing agreement for the provision of health care or administrative services.</p>
                <p>13. The record of an individual who is covered by a system of records may be disclosed to a Member of Congress, or a staff person acting for the Member, when the Member of staff person requests the record on behalf of and at the written request of the individual.</p>
                <p>14. Disclosure may be made to the National Archives and Records Administration in records management inspections conducted under authority of Title 44 U.S.C.</p>
                <p>15. 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 the DoJ is a use of the information contained in the records that is compatible with the purpose for which VA collected 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.</p>
                <p>16. 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 statutes, regulation, or order issued pursuant thereto.</p>
                <p>17. 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.</p>
                <p>18. 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 subject, harm to economic or property interests, identify theft or fraud, or harm to the security, confidentiality, or integrity of this system or other systems (entity) that rely upon the potentially compromised information; and (3) the disclosure is to agencies, entities, or persons whom VA determines as 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 uses permits disclosures by the</p>
                <p>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.</p>
                <p>19. For program review purposes and the seeking of accreditation and/or certification, disclosure may be made to survey teams of TJC and similar national accreditation agencies or boards with whom VA has a contract or agreement to conduct such reviews, but only to the extent that the information is necessary and relevant to the review.</p>
                <p>20. Disclosure of information may be made to the next-of-kin and/or the person(s) with whom the patient has a meaningful relationship to the extent necessary and on a need-to-know basis consistent with good medical and ethical practices.</p>
                <p>21. Disclosure of ethics consultation records to groups (e.g., American Society for Bioethics and the Humanities) performing  improvement or quality assessments as part of approved research or ongoing quality improvement projects with respect to ethics consultation practices.</p>

            </xhtmlContent>
        </subsection>
        <subsection type="policiesAndPractices">
            <xhtmlContent>
                <p>Storage:</p>
                <p>Records are maintained on electronic media in ECWeb on a centrally located VA-owned server.  In most cases, copies of back-up computer files are maintained at off-site locations.  Subsidiary record information is maintained at the various respective ethics consultation services within the health care facility and by individuals, organizations, and/or agencies with whom VA has a contract or agreement to perform such services, as the VA may deem practicable.</p>
            </xhtmlContent>
        </subsection>
        <subsection type="retrievability">
            <xhtmlContent>
                <p>Records are retrieved by consultation number, name of ethics consultant, requester, ethics domain or topic, facility, keywords or phrases.</p>
            </xhtmlContent>
        </subsection>
        <subsection type="safeguards">
            <xhtmlContent>
                <p>1. Access to VA working and storage areas 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 facilities are protected from outside access by the Federal Protective Service or other security personnel.</p>
                <p>2. Access to computer rooms at health care facilities is generally limited by appropriate locking devices and restricted to authorized VA employees and vendor personnel.  Automated Data Processing (ADP) peripheral devices are placed in secure areas (areas that are locked or have limited access) or are otherwise protected.  Information in ECWeb may be accessed by authorized VA employees.  Access to file information is controlled at two levels; the systems recognize authorized employees by 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.  Information that is downloaded from ECWeb and maintained on personal computers is afforded similar storage and access protections as the data that is maintained in the original files.  Access to information stored on automated storage media at other VA locations is controlled by individually unique passwords/codes.</p>
                <p>3. Access to computer rooms is restricted to authorized operational personnel through electronic locking devices.  All other persons gaining access to computer rooms are escorted.  Information stored in the computer may be accessed by authorized VA employees at remote locations including VA health care facilities, Information Systems Centers, VA Central Office, and Veteran Integrated Service Networks.  Access is controlled by individually unique passwords/codes, which must be changed periodically by the employee.</p>
            </xhtmlContent>
        </subsection>
        <subsection type="retentionAndDisposal">
            <xhtmlContent>
                <p>Records that are stored within Computerized Patient Record System (CPRS) and Veterans Health Information Systems and Technology Architecture (VistA) will be maintained in accordance with Record Control Schedule (RCS) 10-1 Item # XLIII-2, Electronic Health Records, NARA job# N1-15-02-3.  All other records maintained outside the Electronic Health Record will be maintained in accordance with General Records Schedule (GRS) 25 Ethics Program Records Item 1.a and 1.b (N1-GRS-01-1 item 1a &amp; 1b).</p>
            </xhtmlContent>
        </subsection>
        <subsection type="systemManager">
            <xhtmlContent>
                <p> Official responsible for policies and procedures: Executive Director, National Center for Ethics in Health Care, Veterans Health Administration, Department of Veterans Affairs, 810 Vermont Avenue, N.W., Washington, DC 20420. Official maintaining the system: Director at the VA health care facility where the individuals are associated.</p>
            </xhtmlContent>
        </subsection>
        <subsection type="notificationProcedure">
            <xhtmlContent>
                <p>Individuals seeking information regarding access to and contesting of ECWeb records may write, call or visit the last VA health care facility where health care was provided or by writing the National Center for Ethics in Health Care.</p>
            </xhtmlContent>
        </subsection>
        <subsection type="recordAccessProcedures">
            <xhtmlContent>
                <p>Individuals seeking information regarding access to and contesting of records in this system may write, call or visit the VA health care facility location where they are or were employed or made contact or they may write the National Center for Ethics in Health Care.</p>
            </xhtmlContent>
        </subsection>
        <subsection type="contestingRecordProcedures">
            <xhtmlContent>
                <p>(See Record Access Procedures above.)</p>
            </xhtmlContent>
        </subsection>
        <subsection type="recordSourceCategories">
            <xhtmlContent>
                <p>
                    Information in this system of records is provided by the patient, family members or accredited representative, and friends, authorized surrogates, health care agents, employees, contractors, medical service providers, and various automated systems providing clinical and managerial support at VA health care facilities.
                </p>
            </xhtmlContent>
        </subsection>
    </section>



    <section id="155VA10NB" toc="yes">
<systemNumber>155VA10NB</systemNumber>
<subsection type="systemName">Customer Relationship Management System (CRMS)-VA.
</subsection>
<subsection type="systemLocation"><xhtmlContent>
<p>Records and magnetic media are maintained at the Health Resource Center (HRC), Topeka, Kansas facility or at another OI&amp;T approved location.  Magnetic media are also stored at an OI&amp;T approved location for contingency back-up purposes.</p>
</xhtmlContent></subsection>
<subsection type="categoriesOfIndividuals"><xhtmlContent>
<p>The records include information concerning telephone, secure messaging and web chat  inquiries from Veterans, Veteranâ€™s family members, members of the general public, VA customers, and VA employees.</p>
</xhtmlContent></subsection>
<subsection type="categoriesOfRecords"><xhtmlContent>
<p>The records may include information related to: </p>
<p>1. Veteran health benefits eligibility and health care appointment request;</p>
<p>2. Veteran medical claims processing and payments;</p>
<p>3. Co-payments charged for medical care and prescriptions;</p>
<p>4. General administrative pharmacy inquiries;</p>
<p>5. General human resources management; e.g., employee benefits, recruitment / job  </p>
<p>applicants, etc.; and</p>
<p>6. Other information related to Veterans, Veteranâ€™s family members, members of the </p>
<p>general public, VA customers, and VA employees.</p>

</xhtmlContent></subsection>
<subsection type="authorityForMaintenance"><xhtmlContent>
<p>Title 38, United States Code, sections 501(a), 1705, 1710, 1722, 1722(a), 1781 and Title 5, United States Code, section 552(a).</p>
</xhtmlContent></subsection>
<subsection type="purpose"><xhtmlContent>
<p>The records and information may be used for historical reference, quality assurance, training, and statistical reporting.</p>
</xhtmlContent></subsection>
<subsection type="routineUsesOfRecords"><xhtmlContent>
<p>categories of users and the purposes of such uses: </p>
<p>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 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.</p>
<p>1. The record of an individual who is covered by this system of records may be disclosed to a Member of Congress, or a staff person acting for the Member, when the Member or staff person requests the record on behalf of and at the written request of the individual.</p>
<p>2. Disclosure may be made to National Archives and Records Administration (NARA) and the General Services Administration (GSA)  in records management inspections conducted under authority of Tile, Chapter 29, of the Unites States Code (44 U.S.C.).</p>
<p>3. VA may disclose information in this system of records to the Department of Justice (DOJ), either on VAâ€™s initiative or in response to DOJâ€™s request for the information, after either VA or DOJ determines that such information is relevant to DOJâ€™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 that is compatible with the purpose for which VA collected the records.</p>
<p>4. Disclosure of relevant information may be made to individuals, organizations, private or public agencies, or other entities or individuals 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.  </p>
<p>5. VA may disclose, on its own initiative, any information in this system, except the names and home addresses of Veterans and their dependents, that is relevant to a suspected 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, 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.</p>
<p>6. 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.</p>
<p>7. 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 Departmentâ€™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.  </p>
<p>8. Disclosure may be made to those officers and employees of the agency  that maintains the record who have a need for the record in the performance of their duties.</p>
<p>9. To disclose the information listed in 5 U.S.C. 7114(b)(4) 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.</p>
<p>10. To disclose information to officials of the Merit Systems Protection Board (MSPB), or 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.</p>
<p>11. To disclose information from this system to the Equal Employment Opportunity Commission (EEOC) when requested 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 or regulation.</p>
<p>12. To disclose to the Federal Labor Relations Authority (FLRA), including its General Counsel, information related to the establishment of jurisdiction, the investigation and resolution of allegations of unfair labor practices, or information in connection with the resolution of exceptions to arbitration awards when a question of material fact is raised; to disclose information in matters properly before the Federal Services Impasses Panel, and to investigate representation petitions and conduct or supervise representation elections.</p>
</xhtmlContent></subsection>
<subsection type="policiesAndPractices">
    <xhtmlContent>
        <p>Storage:</p>
        <p> Records are stored on electronic media in a VA OI&amp;T approved location. </p>
    </xhtmlContent>
</subsection>
<subsection type="retrievability"><xhtmlContent>
<p>Records are retrieved by name, social security number or other assigned identifiers of the individuals on whom they are maintained. </p>
</xhtmlContent></subsection>
<subsection type="safeguards"><xhtmlContent>
<p>1. All entrance doors to the HRC Topeka, KS and Waco, TX locations require an electronic pass card to gain entry.  Hours of entry to the facility are controlled based on position held and special needs.  Visitors to the HRC are required to sign-in at a specified location and are escorted the entire time they are in the building or they are issued a temporary visitors badge.  At the end of the visit, visitors are required to turn in their badge.  The building is equipped with an intrusion alarm system which is activated when any of the doors are forced open or held ajar for a specified length of time.  During business hours, the security system is monitored by the VA police and HRC staff.  After business hours, the security system is monitored by the VA telephone operator(s) and VA police.  The VA police conduct visual security checks of the outside perimeter of the building.</p>
<p>2. Access to the building is generally restricted to HRC staff and VA police, specified </p>
<p>custodial personnel, engineering personnel, and canteen service personnel.</p>
<p>3. Access to computer rooms is restricted to authorized VA OI&amp;T personnel and requires entry of a personal identification number (PIN) with the pass card swipe.  PINâ€™s must be changed periodically.  All other persons gaining access to computer rooms are escorted.  Information stored in the computer may be accessed by authorized VA employees at remote locations including the Health Eligibility Center in Atlanta, GA; Health Administration Center in Denver, CO; Consolidated Patient Accounting Center in Ashville, NC; and VA health care facilities. </p>
<p>4. All  HRC employees receive information security and privacy awareness training and sign the Rules of Behavior;  training is provided to all employees on an annual basis.  The HRC Information Security Officer performs an annual information security audit and periodic reviews to ensure security of the system.  </p>
<p>5. For contingency purposes, database backups on magnetic media are stored off-site </p>
<p>at an approve VA OI&amp;T location. </p>
</xhtmlContent></subsection>
<subsection type="retentionAndDisposal"><xhtmlContent>
<p>Electronic Service Records are purged when they are no longer needed for current operation.  Records are maintained and disposed of in accordance with records disposition authority approved by the Archivist of the United States, National Archives and Records Administration, and published in the VHA Records Control Schedule 10-1.</p>
</xhtmlContent></subsection>
<subsection type="systemManager"><xhtmlContent>
<p> Official responsible for policies and procedures:  Chief Business Officer (10NB), VA Central Office, 1722 I St., NW, Washington, DC 20420.  Official maintaining the system:  Director, Health Resource Center, 3401 SW 21st Street Bldg. 9, Topeka, Kansas 66604.</p>
</xhtmlContent></subsection>
<subsection type="notificationProcedure"><xhtmlContent>
<p>Individuals who wish to determine whether this system of records contains information about them should contact the VA facility location at which they are or were employed or made or have contact.  Inquiries should include the person's full name, social security number, dates of employment, date(s) of contact, and return address.</p>
</xhtmlContent></subsection>
<subsection type="recordAccessProcedures"><xhtmlContent>
<p> Individuals seeking information regarding access to and contesting of records in this system may write, call or visit the VA facility location where they are or were employed or made contact.</p>
</xhtmlContent></subsection>
<subsection type="contestingRecordProcedures"><xhtmlContent>
<p>(See Record Access Procedures above.)</p>
</xhtmlContent></subsection>
<subsection type="recordSourceCategories"><xhtmlContent>
<p>Information in this system of records is provided by Veterans, Veteranâ€™s family members, members of the general public, VA customers, and VA employees.
</p></xhtmlContent></subsection></section>
<section id="158VA10NC5" toc="yes">
<systemNumber>158VA10NC5</systemNumber>

<subsection type="systemName">‘‘Veterans Crisis Line Database-VA.
</subsection>
<subsection type="systemLocation"><xhtmlContent>
<p>The Veterans Crisis Line (VCL) Database will be maintained at the VA Austin Information Technology Center (AITC) in Austin, Texas.  Back-up copies of the database are maintained in accordance with VA OIT enterprise management policies.  In addition, information from these records or copies of records may be maintained at the Department of Veterans Affairs, 810 Vermont Avenue, NW., Washington, DC.</p>

</xhtmlContent></subsection>
<subsection type="categoriesOfIndividuals"><xhtmlContent>
<p>The records include information concerning Veterans and friends and family of Veterans who access the Veterans Crisis Line.  In addition, records include the name of the Crisis Line call responder and the name of the Suicide Prevention Coordinator.</p>

</xhtmlContent></subsection>
<subsection type="categoriesOfRecords"><xhtmlContent>
<p>The records may include information </p>

<p>related to:</p>

<p>1. The Veterans Crisis Line call logs via the  VCL Application include the following information:</p>

<p>a. Identifies, by full name, the Veterans Crisis Line responder;</p>

<p>b. Identifies, by full name, the Suicide Prevention Coordinator;</p>

<p>c. Documents information regarding calls to the Veterans Crisis Line which may include:</p>

<p>(1) Calls from an anonymous person with incomplete identification information;</p>

<p>(2) Calls from a Veteran, including Veterans who are not registered in VA </p>

<p>health care system (non-VA);</p>

<p>(3) Calls from family and friends of the affected Veteran (In this case, the </p>

<p>system shall indicate that the call was not made from the affected</p>

<p>Veteran).</p>

<p>d. Identifies the VA Medical Center closest to the caller’s physical location;</p>

<p>e. Records Crisis Line referrals in the Veteran’s electronic medical record when </p>

<p>the referral is made to a VA Medical Center for follow-up care;</p>

<p>f. Provides a means for Suicide Prevention Coordinators to document their follow-up measures;</p>

<p>g. Provides access to call log data for reporting purposes: Provides information related to the number of calls, callers demographic information, the types of calls, and follow-up care.</p>

<p>2. The suicide attempts and completions data is collected in the AITC standard query language (SQL) database.  The information includes attempt or completion, military conflict, VA enrolled, gender, age, mental health diagnosis, medical diagnosis, previous attempts, month of event, method used, outcome, intent, seen at a VA within 7 days of attempt, seen at VA within 30 days of attempt, where seen, had suicide been addressed, and last recorded pain score.</p>

</xhtmlContent></subsection>
<subsection type="authorityForMaintenance"><xhtmlContent>
<p>Title 38, United States Code, section 501.</p>

</xhtmlContent></subsection>
<subsection type="purpose"><xhtmlContent>
<p>The records and information may be used for ensuring appropriate follow-up care is provided to those who telephone the Veterans Crisis Line.  In addition, the information will be used for statistical reports for the purpose of evaluating the need for development of further suicide prevention efforts to include education and research. Additionally, the statistical reports will be used to provide information related to suicide to VA officials, congressional members, and the public.</p></xhtmlContent></subsection>
<subsection type="routineUsesOfRecords"><xhtmlContent>
<p>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 (HIV), that information cannot be disclosed under a 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.  The Veterans Crisis Line Database-VA system of record will be routinely used for the following:</p>

<p>1. The record of an individual who is covered by a system of records may be 
disclosed to a Member of Congress, or a staff person acting for the Member, when the Member or staff person requests the record on behalf of and at the written request of the individual.</p>
<p>2. Disclosure may be made to 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.).</p>
<p>3. Disclosure may be made to other Government agencies in support of data exchanges of electronic medical record information approved by the individual.</p>
<p>4. VA may disclose on its own initiative any information in this system, except the names and home addresses of Veterans and their dependents, that is relevant to a suspected 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, 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, rule or order issued pursuant thereto.</p>
<p>5. 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 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 that is compatible with the purpose for which VA collected the records.</p>
<p>6. Disclosures 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 the 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.  This routine use includes disclosures by the individual or entity performing the service for VA to any secondary entity or individual to perform an activity that is necessary for individuals, organizations, private or public agencies, or other entities or individuals with whom VA has a contract or agreement to provide the service to VA.</p>
<p>7. 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.</p>
<p>8. VA may disclose information to the Equal Employment Opportunity Commission when requested in connection with investigations of alleged or possible discriminatory practices, examination of Federal affirmative employment programs, or for other functions of the Commission as authorized by law or regulation.</p>
<p>9. VA may disclose to the Fair Labor Relations Authority (FLRA) (including its General Counsel) information related to the establishment of jurisdiction, the investigation and resolution of allegations of unfair labor practices, or information in connection with the resolution of exceptions to arbitration awards when a question of material fact is raised; to disclose information in matters properly before the Federal Services Impasse Panel, and to investigate representation petitions and conduct or supervise representation elections.</p>
<p>10. VA may disclose information to officials of the Merit Systems Protection Board (MSPB), or the Office of 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 authorized by law.</p>
<p>11. 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 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 as the terms are defined in 38 U.S.C. 5727, including the conduct of any risk analysis or provision of credit protection services as provided in 38 U.S.C. 5724.</p>
</xhtmlContent></subsection>
<subsection type="policiesAndPractices"><xhtmlContent>

<p>Storage: </p>
<p>Records are maintained on an SQL server at VA AITC in Austin, Texas.</p></xhtmlContent></subsection>
<subsection type="retrievability"><xhtmlContent>
<p>Records are retrieved by name, social security number or other </p>

<p>assigned identifiers of the individuals on whom they are maintained.</p>

</xhtmlContent></subsection>
<subsection type="safeguards"><xhtmlContent>

<p>1. VA will maintain the data in compliance with applicable VA security policy directives that specify the standards that will be applied to protect sensitive personal information.  VA’s security measures comply with applicable Federal Information Processing Standards (FIPS) issued by the National Institute of Standards and Technology (NIST).  Access to VA working and storage areas 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.  They are required to take annual VA mandatory data privacy and security training. Generally, VA file areas are locked after normal duty hours and the facilities are protected from outside access by the Federal Protective Service or other security personnel.</p>
<p>2. Access to computer rooms at the VA AITC is limited in accordance with VA OIT national security policies.  Peripheral devices are placed in secure areas (areas that are locked or have limited access) or are otherwise protected.  Information stored on the Veterans Crisis Line Database-VA may be accessed by authorized VA employees.  Access to file information is controlled at two levels; the systems recognize authorized employees by 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.  Information that is downloaded from the Veterans Crisis Line Database–VA and maintained on personal computers is afforded similar storage and access protections as the data that is maintained in the original files.  Access to information stored on automated storage media at other VA locations is controlled by individually unique passwords/codes.</p>

</xhtmlContent></subsection>
<subsection type="retentionAndDisposal"><xhtmlContent>
<p>Currently these records are maintained as a </p>
<p> </p>
<p>permanent record, pending approval of a new records schedule by the National </p>

<p>Archives and Records Administration. </p>

</xhtmlContent></subsection>
<subsection type="systemManager"><xhtmlContent>
<p>Official responsible for policies and procedures; Office of Mental Health Operations (10NC5), 810 Vermont Avenue NW, Washington, DC 20420.  Official responsible for the system of records: Executive Director, Office of Mental Health Operations (10NC5).</p>

</xhtmlContent></subsection>
<subsection type="notificationProcedure"><xhtmlContent>
<p>Individuals who wish to determine whether this system of records contains information about them should contact the Office of Mental Health Operations (10NC5).  Inquiries should include the person’s full name, social security number, dates of employment, date(s) of contact, and return address.</p>
</xhtmlContent></subsection>
<subsection type="recordAccessProcedures"><xhtmlContent>
<p>Individuals seeking information regarding access to </p>

<p>and contesting of records in this system may write, call or visit the Office of Mental </p>

<p>Health Operations (10NC5).</p>

</xhtmlContent></subsection>
<subsection type="contestingRecordProcedures"><xhtmlContent>
<p>(See Record Access Procedures above.)</p>

</xhtmlContent></subsection>
<subsection type="recordSourceCategories"><xhtmlContent>
<p>Information in this system of records is provided by VHA employees.
</p></xhtmlContent></subsection></section>

<section id="160VA10A2" toc="yes">
<systemNumber>160VA10A2</systemNumber>
<subsection type="systemName">"All Employee Survey-VA" 160VA10A2.
</subsection>
<subsection type="systemLocation"><xhtmlContent><p>Records are maintained at the National Center for Organization Development (NCOD), 11500 Northlake Drive, Suite 260, Cincinnati,
OH 45249. A copy of the system data is saved on CD and stored at a secure locked safe at the same location.
</p></xhtmlContent></subsection>
<subsection type="categoriesOfIndividuals"><xhtmlContent><p>The records include information concerning all VA employees.
</p></xhtmlContent></subsection>
<subsection type="categoriesOfRecords"><xhtmlContent><p>The records include two formats.
</p><p>1. Numerically expressed satisfaction ratings and agreement ratings of questions that ask about specific aspects of workplace
environment.
</p><p>2. Starting from year 2012, records include open-ended text comments provided in response to questions about workplace
environment. Instructions to open-ended comments, ask respondents not to use any names or other individually identifiable information
about self or others.
</p><p>The numeric and text records may include information related to:
</p><p>1. All Employee Survey responses by workgroup.
</p><p>&#149; 7-digit workgroup organization code.
</p><p>&#149; Workgroup code identifies a valid VA organizational work unit.
</p><p>&#149; These identification codes will identify work units rather than specific individuals. VA will provide a table of
approximately 15,000 to 40,000 valid workgroup organization codes prior to survey administration.
</p><p>2. All Employee Survey responses by demographics.
</p><p>&#149; Gender.
</p><p>&#149; Age in groups of decades.
</p><p>&#149; Race.
</p><p>&#149; National origin.
</p><p>&#149; Incumbency in VA.
</p><p>&#149; Level of supervisory responsibility.
</p><p>&#149; Main type of occupational setting.
</p><p>&#149; Main type of service provided.
</p><p>&#149; Prior participation in VA trainings.
</p><p>&#149; Prior service in the U.S. Armed Forces.
</p><p>3. All Employee Survey responses by national function file.
</p><p>&#149; Category of workgroup--provides a functional description of the workgroup, by connecting it to a list of
services and locations within the working structure of VA organizations. Local survey coordinators (not survey respondents) describe
workgroups on this category at the time the work units are assigned unique 7-digit codes. There are close to 100 categories.
</p><p>4. All Employee Survey responses by occupational group.
</p><p>&#149; This is a 3-digit code provided to each individual respondent who then can use it to categorize their occupation
through self-report.
</p><p>&#149; There are over 100 codes; they are not job occupation series codes. It is a code developed for the All Employee
Survey.
</p><p>5. All Employee Survey responses by question and modality.
</p><p>&#149; The response is provided by the interactive Web-based survey, telephone, or paper submission and response type
captured.
</p><p>6. All Employee Survey responses by organization and sub organization title, type, and function.
</p><p>&#149; The workgroup identifies organization, sub organization if applicable, organization type, and function for which the
response is provided.
</p><p>7. All Employee Survey responses by response rate.
</p><p>&#149; Responses are stored at the individual level, response rates are reported at the work unit lowest level, and then
hierarchically rolled upward in summary totals to the next level within the organization. The hierarchy is based on the organization
structure (facility and parents) and the 7-digit workgroup organization code.
</p><p>Reporting of response data follows the rule of 10 respondents for any survey scores reported for any specific (identified)
organizational units or demographic groups. For applied managerial analyses and action planning, any response data for identified
organizational units or demographic groups for any survey values that are based on having less than 10 respondents in a group will
never be released from the data repository. For scientific statistical analyses and use in publications, data from identified
organizational units or demographic groups with less than 10 respondents are released only upon approval of the Organization
Assessment Subcommittee (OASC) Chair(s), based on recommendation of a professional committee of organizational research experts. Such
use of such data is explicitly limited to a specific requestor, project, and purpose (as detailed in 2, section: Purposes), with a
strong data security plan ascertained. Any results of scientific use of the All Employee Survey data will be reported at aggregate
level only, with no individual or organizational identities attached.
</p><p>8. All Employee Survey responses by date and time survey taken.
</p><p>&#149; Date and time response submitted.
</p><p>9. All Employee Survey responses by content areas.
</p></xhtmlContent></subsection>
<subsection type="authorityForMaintenance"><xhtmlContent><p>Title 38, United States Code, section 501a.
</p></xhtmlContent></subsection>
<subsection type="purpose"><xhtmlContent><p>The records and information may be used for applied managerial as well as scientific statistical analysis of employee satisfaction
on quality and quantity of work, personal safety, promotion and training opportunity, fair and equitable treatment, and work/family
balance.
</p><p>For applied managerial use, All Employee Survey records and information pertaining to data validation, evaluation of
personnel/organizational management and staffing satisfaction and culture, including workforce effectiveness are shared with
facilities and with local, regional and national VA leaders. Action plans, development of goals and follow-up performance measures
are developed as a result.
</p><p>For scientific statistical use, All Employee Survey records and information may be used in research and management studies that
support optimal functioning of VA organizations and programs. Such use must balance technical requirements of research designs which
ensure scientifically plausible answers, with the need to protect confidentiality of VA survey respondents and of small respondent
groups. Each proposal involving use of All Employee Survey data for studies is therefore evaluated by a professional committee: the
Data Use Agreement committee of the OASC of the VHA National Leadership Council. The evaluation serves to ascertain scientific
merits, benefit for the VA, existence of a strong data protection plan, and based on these considerations to determine the
appropriate level of aggregation of the records released for the specific described purpose.
</p></xhtmlContent></subsection>
<subsection type="routineUsesOfRecords"><xhtmlContent><p>To the extent that records contained in the system include information protected by 45 CFR parts 160 and 164, such as,
individually identifiable health information, and 38 U.S.C. 7332, such as, 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 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.
</p><p>1. The record of an individual who is covered by a system of records may be disclosed to a Member of Congress, or a staff person
acting for the Member, when the Member or staff person requests the record on behalf of and at the written request of the individual.
</p><p>2. Disclosure may be made to the National Archives and Records Administration and the General Services Administration in records
management inspections conducted under authority of Title 44, Chapter 29, of the United States Code.
</p><p>3. Veterans Affairs may disclose information from this system of records to the Department of Justice, either on Veterans Affairs'
initiative or in response to Department of Justice's request for the information, after either VA or Department of Justice determines
that such information is relevant to Department of Justice'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 Department of Justice 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.
</p><p>4. 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.
</p><p>5. 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.
</p><p>6. 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.
</p><p>7. 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.
</p></xhtmlContent></subsection>
<subsection type="policiesAndPractices"><xhtmlContent><p>Storage:</p>
<p>Records are maintained on the server with a backup copy on compact disk in the VHA National Center for Organization Development
(NCOD) Program Office, 11500 Northlake Drive, Suite 260, Cincinnati, OH 45249.
</p></xhtmlContent></subsection>
<subsection type="retrievability"><xhtmlContent><p>Records may be retrieved by organization name or other assigned identifiers of the respondent groups on whom they are maintained.
None of the All Employee Survey records can be confidently ascribed to specific individual respondents.
</p></xhtmlContent></subsection>
<subsection type="safeguards"><xhtmlContent><p>1. Access to VA working and storage areas 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 facilities are protected from outside access by the Federal Protective Service or other
security personnel.
</p><p>2. Access to computer rooms at health care facilities is generally limited by appropriate locking devices and restricted to
authorized VA employees and vendor personnel. Automatic Data Processing peripheral devices are placed in secure areas. Access to
information stored on automated storage media at other VA locations is controlled by individually unique passwords/codes employees
are limited to only that information in the file which is needed in the performance of their official duties.
</p><p>3. Access to the VHA NCOD Server is restricted to Center employees, Federal Protective Service, and other security personnel.
Access to computer rooms is restricted to authorized operational personnel through electronic scanning and locking devices. All other
persons gaining access to computer rooms are escorted after identity verification and log entry to track person, date, time in, and
time out of the room. Information stored in the computer may be accessed by authorized VA employees at remote locations including VA
health care facilities, Information Systems Centers, VA Central Office, and Veterans Integrated Service Networks. Access is
controlled by individually unique passwords/codes which must be changed periodically by the employee. The compact disk is stored in
the NCOD Office in Cincinnati, Ohio, and is accessible by restricted, authorized personnel through electronic scanning and locking
devices.
</p></xhtmlContent></subsection>
<subsection type="retentionAndDisposal"><xhtmlContent><p>Paper records are scanned and digitized for viewing electronically and are destroyed after they have been scanned onto disks, and
the electronic copy determined to be an accurate and complete copy of the paper record scanned.
</p></xhtmlContent></subsection>
<subsection type="systemManager"><xhtmlContent><p>Official responsible for policies and procedures; VHA National Center for Organization Development (NCOD). Officials maintaining
the system; Sue Dyrenforth of NCOD, 11500 Northlake Drive, Suite 260, Cincinnati, OH 45249.
</p></xhtmlContent></subsection>
<subsection type="notificationProcedure"><xhtmlContent><p>Individuals who wish to determine whether this system of records contains information about them should contact the Veterans
Affairs facility location at which they are or were employed or made or have contact. Inquiries should include the person's full
name, social security number, dates of employment, date(s) of contact, and return address.
</p></xhtmlContent></subsection>
<subsection type="recordAccessProcedures"><xhtmlContent><p>Individuals seeking information regarding access to and contesting of records in this system may write, call or visit the VA
facility location where they are or were employed or made contact.
</p></xhtmlContent></subsection>
<subsection type="contestingRecordProcedures"><xhtmlContent><p>(See Record Access Procedures above.)
</p></xhtmlContent></subsection>
<subsection type="recordSourceCategories"><xhtmlContent><p>Information in this system of records is provided by VA employees associated to VA medical centers and corporate offices.
</p></xhtmlContent></subsection></section>
<section id="161VA10A2" toc="yes">
<systemNumber>161VA10A2</systemNumber>
<subsection type="systemName">Veterans Health Administration Leadership and Workforce Development--VA.
</subsection>
<subsection type="systemLocation"><xhtmlContent><p>Records are maintained at the North Little Rock Campus, 2200 Fort Roots Drive, Little Rock,
Arkansas 72114.
</p></xhtmlContent></subsection>
<subsection type="categoriesOfIndividuals"><xhtmlContent><p>The records include information from and concerning Veterans Affairs Central Office,
Veterans Health Administration, Veterans Health Administration Canteen, Veterans Health
Administration Central Office, Veterans Benefits Administration and National Cemetery Administration
personnel.
</p></xhtmlContent></subsection>
<subsection type="categoriesOfRecords"><xhtmlContent><p>The records may include information related to: people, work groups, workforce, funding,
leadership classes, personal development plans, supervisory levels, mentor and coach roles and
certifications, High Performance Development Model, senior executive information and recruitment,
human resources automation, positions, organizations, and locations of Veterans Health
Administration top management positions. Central Office and Veterans Integrated Systems Network
managers and staff, facility directors, associate directors, chiefs of staff, and other senior
clinical and administrative field managers' positions are included. The Veterans Health
Administration Executive Management Program consists of the functions that fall under the purview of
the Veterans Health Administration Executive Resources Board and the Veterans Health Administration
Performance Review Board. Their functions include executive development, recruitment and placement;
organizational analysis; succession planning; and performance assessment and recognition. The method
used to collect this information is a proprietary system using relational technology. Information
from this database is joined and expanded with information from the Veterans Health Administration
executive program processes <i>i.e.,</i> organization, vacancies, recruitment efforts, performance,
etc. This combination of information is used in the administration of the Executive Resources Board
and Performance Review Board functions. The sharing and development of information involving
executives and organizations provides an effective means for accomplishing the Executive Resources
Board and Performance Review Board objectives.
</p><p>The following modules are in Veterans Health Administration Leadership and Workforce Development:
Veterans Health Administration Leadership and Workforce Development Home, Performance, Workgroups,
Veterans Affairs National Database for Interns, Student Educational Experience Program, High
Performance Development Model Funding, Executive Career Field Career Development Plan On-Line
Application, Technical Career Field Preceptor On-Line Application, Career Development Plans,
Workforce Planning, Class and Program Management (includes: Graduate Healthcare Administration
Training Program, School at Work, Leadership Effectiveness Accountability Development, Technical
Career Field, Executive Career Field Candidate Development Program, Senior Executive Service
Candidate Development programs, Ethics, Professional Development Plans, Supervisory Training, Open
Season (Veterans Health Administration Executive Recruitment), WebHR (Web-based Human Resource
module), and Mentor Coach Certification). Veterans Health Administration Leadership and Workforce
Development data contains:
</p><p>1. Employee data.
</p><p>&#149; Employee legal name
</p><p>&#149; Social security number
</p><p>&#149; Veteran's preference
</p><p>&#149; Vietnam Era veteran
</p><p>&#149; Retirement plan
</p><p>&#149; Tenure
</p><p>&#149; Universal personal identification number
</p><p>&#149; Universal user name
</p><p>&#149; Sex
</p><p>&#149; Supervisory status
</p><p>&#149; Supervisory training status
</p><p>&#149; Work contact information
</p><p>&#149; Facility
</p><p>&#149; Network Identification
</p><p>&#149; Home contact information
</p><p>&#149; Home of record contact information
</p><p>&#149; Assigned facility/organization
</p><p>&#149; Pay plan
</p><p>&#149; Pay grade
</p><p>&#149; Step
</p><p>&#149; Retirement eligibility
</p><p>&#149; Union membership
</p><p>&#149; Leave balances
</p><p>&#149; Program
</p><p>&#149; Credentials
</p><p>&#149; Grievance
</p><p>&#149; Disciplinary actions
</p><p>&#149; Third-party and other employee actions
</p><p>2. Employee position data.
</p><p>&#149; Veterans Health Administration Leadership and Workforce Development position titles
</p><p>&#149; High Performance Development Management ratings
</p><p>&#149; Position requestor contact data
</p><p>&#149; Legal authority
</p><p>&#149; Competitive Level
</p><p>&#149; Fair Labor Standards Act category
</p><p>&#149; Drug testing position indicator
</p><p>&#149; Citizenship/Residency status
</p><p>&#149; English language proficiency
</p><p>&#149; Announcement status
</p><p>&#149; Vacancy status
</p><p>&#149; Date job opened
</p><p>&#149; Days to open
</p><p>&#149; Days to issue certificate
</p><p>&#149; Date job closed
</p><p>&#149; Job type/Occupation series/Grade
</p><p>&#149; Pay plan
</p><p>&#149; Work schedule
</p><p>&#149; Appropriation code
</p><p>&#149; Cost center
</p><p>&#149; Date candidates referred
</p><p>&#149; Date nomination received
</p><p>&#149; Date to Executive Resources Board
</p><p>&#149; Date credentials complete
</p><p>&#149; Date recruitment received
</p><p>&#149; Position start and end dates
</p><p>&#149; Appointment start and end dates
</p><p>&#149; Position location
</p><p>&#9675; Location complexity rating
</p><p>&#149; Position reporting official
</p><p>&#149; Position status
</p><p>&#9675; Supervisory
</p><p>&#9675; Bargaining unit
</p><p>&#9675; Senior executive pay band
</p><p>&#149; Level of supervisory responsibility
</p><p>&#149; Date of offer
</p><p>&#149; Position status change
</p><p>&#149; Reason for change
</p><p>&#149; Position authorization data
</p><p>&#149; Announcement tracking data (location and dates of actions)
</p><p>&#149; Area of consideration
</p><p>&#149; Number of applicants (internal, external, not qualified)
</p><p>&#149; Number interviewed
</p><p>&#149; Applicant outcome and notification
</p><p>&#149; Selecting official
</p><p>&#149; Re-announcement
</p><p>&#149; Position cancelations
</p><p>&#149; Date fingerprinted
</p><p>&#149; Background check data
</p><p>&#149; Physician Comp Panel and Standards Board data
</p><p>3. Bonus data.
</p><p>&#149; Executive/Senior Executive Service
</p><p>&#9675; Pay band and band max pay
</p><p>&#9675; Proposed pay adjustment
</p><p>&#9675; Proposed rating
</p><p>&#9675; Approved rating
</p><p>&#9675; Approved bonus pay
</p><p>&#9675; Actual pay
</p><p>&#9675; Rank award
</p><p>&#149; Type
</p><p>&#149; Previous year nomination and award amount
</p><p>&#149; Current year nomination
</p><p>&#9675; Bonus pool total
</p><p>&#9675; Local bonus funding amount
</p><p>&#9675; Form Uploads
</p><p>&#149; Appraisal
</p><p>&#149; High level reviews
</p><p>&#149; Comments
</p><p>&#149; Bonus justification
</p><p>&#149; Rank award nominations
</p><p>&#149; Non-Executive (each Fiscal Year)
</p><p>&#9675; Rating
</p><p>&#9675; Award amount
</p><p>&#9675; Pay adjustment (Yes/No)
</p><p>4. Workgroups &amp; Organizations.
</p><p>&#149; Just under 100 codes--not job occupation series codes--code developed for
the All Employee Survey
</p><p>&#149; Agency selection
</p><p>&#9675; Veterans Affairs
</p><p>&#9675; Veterans Health Administration
</p><p>&#9675; National Cemetery
</p><p>&#149; Agency networks
</p><p>&#149; Agency organizations
</p><p>&#149; Formal and informal name
</p><p>&#149; Organization type
</p><p>&#149; Network
</p><p>&#149; Physical location
</p><p>&#149; Duty Code
</p><p>&#149; Complexity Level
</p><p>&#149; Station number
</p><p>&#149; Workgroup supervisory designations
</p><p>&#149; Workgroup coordinator assignment
</p><p>&#149; Workgroup coordinator contact info
</p><p>5. Development Plans.
</p><p>&#149; Uploaded text document
</p><p>&#9675; Document filled from template
</p><p>&#9675; Free text employee documentation
</p><p>6. Funding.
</p><p>&#149; Program funding
</p><p>&#149; Program funds available
</p><p>&#149; Reimbursement type
</p><p>&#149; Appropriation code
</p><p>&#149; Fiscal contact name and phone
</p><p>&#149; Amount per employee
</p><p>&#149; Fund control point
</p><p>&#149; Requested average salary
</p><p>&#149; Approved funds
</p><p>&#149; Withdrawn funds
</p><p>&#149; Date funding sent
</p><p>&#149; Approval funding comments
</p><p>&#149; Approved Full Time Equivalents dollars
</p><p>&#149; Cost center
</p><p>7. Career Programs.
</p><p>&#149; Program Eligibility criteria
</p><p>&#149; Program waiver
</p><p>&#149; Program employee applied
</p><p>&#149; Class title
</p><p>&#149; Program/Class year
</p><p>&#149; School name and state
</p><p>&#149; Major
</p><p>&#149; Anticipated graduation date
</p><p>&#149; Application status
</p><p>&#149; Employment history
</p><p>&#149; Education history
</p><p>&#149; Competency data (application questions and answers)
</p><p>&#149; Applicant endorsers
</p><p>&#149; Class administrator assignments
</p><p>&#149; Employee list per class
</p><p>&#149; Program completion status
</p><p>&#149; Requested number of student hires
</p><p>&#149; Requested funding for student salary
</p><p>&#149; Student work schedule
</p><p>&#149; Number Full Time Equivalents requested
</p><p>8. Workforce Planning--Annual Corporate Office &amp; Veterans Integrated Service Networks.
</p><p>&#149; Planning team members
</p><p>&#149; Strategic direction
</p><p>&#149; Historical analysis
</p><p>&#9675; Employee reason to leave
</p><p>&#9675; Equal employment opportunity category of employee
</p><p>&#149; Projected workforce-rational and issues
</p><p>&#149; Recruitment &amp; Retention programs used
</p><p>&#149; Leadership programs/activities and participation
</p><p>&#149; Workplace morale assessment
</p><p>&#149; Work plan comments
</p><p>9. Mentor Information.
</p><p>&#149; Mentor status
</p><p>&#149; Core training
</p><p>&#9675; Courses
</p><p>&#9675; Date and location
</p><p>&#9675; Training instructors
</p><p>&#9675; Training history
</p><p>&#149; Certification level
</p><p>&#149; Practical experience hours and event
</p><p>10. Perseus Survey Software.
</p><p>&#149; Employee legal name
</p><p>&#149; Last 4 social security number
</p><p>&#149; Veterans Integrated Service Networks
</p><p>&#149; Facility/Office
</p><p>&#149; Work Setting (Section/Division/Campus/Product Line/Service/Department)
</p><p>&#149; Occupation
</p><p>&#149; Identification of supervisory chain of command
</p><p>&#149; Identification of peer and subordinate relationships
</p><p>&#149; Demographic information
</p><p>&#9675; Gender
</p><p>&#9675; Age
</p><p>&#9675; Race/National Origin
</p><p>&#9675; Tenure
</p><p>&#9675; Grade Level
</p><p>&#149; Data Input in Response to survey questions (questionnaires which cover the following
types of topics as an example)
</p><p>&#9675; Assessment Inventories, such as 360 Assessments, WES/MBI Instruments
</p><p>&#9675; Customer Satisfaction surveys/evaluations (High Performance Development Model,
Health Care Retention and Recruitment Office, National Center for Organizational Development,
Delegated Examining Units, Workforce Management and Consulting Office)
</p><p>&#9675; Organizational assessment instruments such as Civility, Respect and Engagement in
the Workplace Evaluation, Veterans Administration Nursing Outcomes Database Registered Nursing
survey, Education Inventories, Center for Faith Based and Community Initiatives Communications
survey, Aggressive Behavior Prevention Survey, Integrated Ethics Workbook, Methicillin Resistant
Staphylococcus Aureus, Office of Personal Management All Employee Survey, Exit/Entrance Surveys,
Organizational Climate Assessment Program surveys, surveys for specific facilities/offices
</p><p>&#9675; Program Assessments/Proficiency surveys such as Technical Career Field Return on
Investment survey, Supervisory Training Pre/Post Test surveys, Human Resource Proficiency Tracking
survey
</p><p>&#9675; Professional Assessment surveys such as Executive Career Field Candidate/Mentor
questionnaires, Acting Director/Senior Executive Service applicant assessments
</p></xhtmlContent></subsection>
<subsection type="authorityForMaintenance"><xhtmlContent><p>Title 38, United States Code, section 501a.
</p></xhtmlContent></subsection>
<subsection type="purpose"><xhtmlContent><p>The records and information may be used for the management of Veterans Health Administration
executive and senior executive employees and employees in national programs for performance
appraisal and bonus award entries, bonus and appraisal documentation storage, Rank Award and type
given, supervisory training status and employee position management. Reports for workforce
succession planning and analysis, Veterans Health Administration supervisory training status and
course grade, bonus award dollar amounts per executive and non-executive employee used by
Performance Review Boards. Human resource position creation, and fill actions, employee action and
assignment tracking data is collected for business processing and analysis.
</p><p>Workgroups are developed for survey use and data collection. Data that is entered and stored can
be extracted from the database and used for other applications.
</p></xhtmlContent></subsection>
<subsection type="routineUsesOfRecords"><xhtmlContent><p>To the extent that records contained in the system include information protected by 45 Code
of Federal Regulations. Parts 160 and 164, such as individually identifiable health information, and
38 United States Code 7332, such as 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 routine use unless there is also specific statutory
authority in 38 United States Code 7332 and regulatory authority in 45 Code of Federal Regulations
Parts 160 and 164 permitting disclosure.
</p><p>1. The record of an individual who is covered by a system of records may be disclosed to a Member
of Congress, or a staff person acting for the Member, when the Member or staff person requests the
record on behalf of and at the written request of the individual.
</p><p>2. Disclosure 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, Chapter 29, of the United States Code (U.S.C.).
</p><p>3. 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.
</p><p>4. 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.
</p><p>5. 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.
</p><p>6. 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.
</p><p>7. 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.
</p></xhtmlContent></subsection>
<subsection type="policiesAndPractices"><xhtmlContent><p>Storage:</p>
<p>Records are maintained on the HPDM1 Server and backup server in Little Rock, Arkansas.
</p></xhtmlContent></subsection>
<subsection type="retrievability"><xhtmlContent><p>Records are retrieved by name, social security number, position number or other assigned
identifiers of the individuals on whom they are maintained.
</p></xhtmlContent></subsection>
<subsection type="safeguards"><xhtmlContent><p>1. Access to Veterans Affairs working and storage areas is restricted to Veterans Affairs
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, Veterans Affairs
file areas are locked after normal duty hours and the facilities are protected from outside access
by the Federal Protective Service or other security personnel.
</p><p>2. Access to computer rooms at health care facilities is generally limited by appropriate locking
devices and restricted to authorized Veterans Affairs employees and vendor personnel. Automatic Data
Processing peripheral devices are placed in secure areas. Access to information stored on automated
storage media at other Veterans Affairs locations is controlled by individually unique
passwords/codes. Employees are limited to only that information in the file which is needed in the
performance of their official duties.
</p><p>3. Access to the Little Rock Campus Servers is restricted to Center employees, Federal Protective
Service and other security personnel. Access to computer rooms is restricted to authorized
operational personnel through electronic scanning and locking devices. All other persons gaining
access to computer rooms are escorted after identity verification and log entry to track person,
date, time in, and time out of the room. Information stored in the computer may be accessed by
authorized Veterans Affairs employees at remote locations including Veterans Affairs health care
facilities, Information Systems Centers, Veterans Affairs Central Office, and Veteran Integrated
Service Networks. Access is controlled by secure individually unique system authentication.
</p></xhtmlContent></subsection>
<subsection type="retentionAndDisposal"><xhtmlContent><p>Paper records and information maintained and disposed of in accordance with records
disposition authority approved by the Archivist of the United States.
</p></xhtmlContent></subsection>
<subsection type="systemManager"><xhtmlContent><p>Official responsible for policies and procedures; Office of Workforce Management &amp;
Consulting Office (10A2), Department of Veterans Affairs, 810 Vermont Avenue, NW., Washington, DC
20420. Officials maintaining the system; Diana Rogers of the High Performance Development Model
National Program Office located at 55 North Robinson Avenue, Suite 1033, Oklahoma City, OK 73102.
</p></xhtmlContent></subsection>
<subsection type="notificationProcedure"><xhtmlContent><p>Individuals who wish to determine whether this system of records contains information about
them should contact the Veterans Affairs facility location at which they are or were employed.
Inquiries should include the person's full name, social security number, dates of employment,
date(s) of contact, and return address.
</p></xhtmlContent></subsection>
<subsection type="recordAccessProcedures"><xhtmlContent><p>Individuals seeking information regarding access to and contesting of records in this system
may write, call or visit the Veterans Affairs facility location where they are or were employed or
made contact.
</p></xhtmlContent></subsection>
<subsection type="contestingRecordProcedures"><xhtmlContent><p>(<i>See</i> Record Access Procedures above.)
</p></xhtmlContent></subsection>
<subsection type="recordSourceCategories"><xhtmlContent><p>Information in this system of records is provided by Veterans Administration's employees
associated to Veterans Affairs medical centers, Corporate Offices, National Cemetery Administration,
Canteen Service and Veterans Health Administration corporate offices, Veterans Integrated Service
Network and facilities.
</p></xhtmlContent></subsection></section>
<section id="162VA10MI" toc="yes">
<systemNumber>162VA10MI</systemNumber>
<subsection type="systemName">Investigative Database-OMI-VA.
</subsection>
<subsection type="systemLocation"><xhtmlContent><p>The main Office of the Medical Inspector (OMI) records are maintained in secure files within
the OMI and indexed on a secure document management server within the VA Central Office firewall.
Additional records are maintained by VA's Austin Automation Center, 1615 Woodward Street, Austin,
Texas 78772, and subject to their security control.
</p></xhtmlContent></subsection>
<subsection type="categoriesOfIndividuals"><xhtmlContent><p>The records contain information for individuals (1) Receiving health care from the Veterans
Health Administration (VHA), and (2) Providing the health care. Individuals encompass Veterans and
their immediate family members, members of the armed services, current and former employees,
trainees, contractors, sub-contractors, consultants, volunteers, and other individuals working
collaboratively with VA.
</p></xhtmlContent></subsection>
<subsection type="categoriesOfRecords"><xhtmlContent><p>The records may include information and health information related to: 1. Patient medical
record abstract information including information from Patient Medical Record--VA (24VA19); 2.
Identifying information (<i>e.g.,</i> name, birth date, death date, admission date, discharge date,
gender, Social Security Number, taxpayer identification number); address information (<i>e.g.,</i>
home and/or mailing address, home and/or cell telephone number, emergency contact information such
as name, address, telephone number, and relationship); prosthetic and sensory aid serial numbers;
medical record numbers; integration control numbers; information related to medical examination or
treatment (<i>e.g.,</i> location of VA medical facility providing examination or treatment,
treatment dates, medical conditions treated or noted on examination); information related to
military service and status; 3. Medical benefit and eligibility information; 4. Patient aggregate
workload data such as admissions, discharges, and outpatient visits; resource utilization such as
laboratory tests, x rays, and prescriptions; 5. Patient Satisfaction Survey Data which include
questions and responses; 6. Data capture from various VA databases. According to VHA Directive 2006
-042 of June 27, 2006, "Cooperation with the Office of the Medical Inspector"
Paragraph 4 a., "OMI, as a component of VHA, has legal authority under applicable Federal
privacy laws and regulations to access and use any information, including health information,
maintained in VHA records for the purposes of health care operations and health care oversight;
" and 7. Documents and reports produced and received by OMI in the course of its
investigations.
</p></xhtmlContent></subsection>
<subsection type="authorityForMaintenance"><xhtmlContent><p>Title 38, United States Code, Section 501.
</p></xhtmlContent></subsection>
<subsection type="purpose"><xhtmlContent><p>The records and information of this database may be used to document the investigative
activities of the OMI; to perform statistical analysis to produce various management and follow-up
reports; and to monitor the activities of Medical Centers in fulfilling action plans developed in
response to OMI reports. The data may be used for VA's extensive quality improvement programs in
accordance with VA policy. In addition, the data may be used for law enforcement investigations.
Survey data will be collected for the purpose of measuring and monitoring various aspects and
outcomes of National, Veterans Integrated Service Network (VISN) and Facility-Level performance.
Results of the survey data analysis are shared throughout the VHA system.
</p></xhtmlContent></subsection>
<subsection type="routineUsesOfRecords"><xhtmlContent><p>To the extent that records contained in the system include information protected by 45 CFR
Parts 160 and 164, <i>i.e.,</i> individually identifiable health information, and 38 U.S.C. 7332, <i
>i.e.,</i> 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 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.
</p><p>1. Disclosure may be made to a congressional office from the record of an individual in response
to an inquiry from the congressional office that is made at the request of that individual.
</p><p>2. Disclosure may be made to the National Archives and Records Administration (NARA) and the
General Services Administration for records management activities and inspections conducted under
authority of Title 44, Chapter 29, United States Code.
</p><p>3. 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.
</p><p>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 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.
</p><p>5. VA may disclose on its own initiative any information in this system, except the names and
home addresses of Veterans and their dependents, which is relevant to a suspected 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, 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. On its own initiative, VA may also disclose the names and addresses of Veterans and
dependents to a Federal or State 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, rule, or order issued pursuant thereto.
</p><p>6. To assist attorneys in representing their clients, any information in this system may be
disclosed to attorneys representing subjects of investigations, including Veterans, Federal
government employees, retirees, volunteers, contractors, subcontractors, or private citizens.
</p><p>7. Disclosure of information to Federal Labor Relations Authority (FLRA), including its General
Counsel, when requested in connection with the investigation and resolution of allegations of unfair
labor practices, in connection with the resolution of exceptions to arbitrator awards when a
question of material fact is raised, in connection with matters before the Federal Service Impasses
Panel, and to investigate representation petitions and conduct or supervise representation
elections.
</p><p>8. Information may be disclosed to the Equal Employment Opportunity Commission when requested in
connection with investigations of alleged or possible discriminatory 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.
</p><p>9. Information may be disclosed to officials of the Merit Systems Protection Board, and the
Office of Special Counsel, when properly requested in connection with appeals, special studies of
the civil service and other merit systems, reviews of rules and regulations, investigation of
alleged or possible prohibited personnel practices, and such other functions, promulgated in Title
5, United States Code, Sections 1205 and 1206, or as may be authorized by law.
</p><p>10. Any information in this system of records may be disclosed, in the course of presenting
evidence in or to a court, magistrate, administrative tribunal, or grand jury, including disclosures
to opposing counsel in the course of such proceedings or in settlement negotiations.
</p><p>11. Any information in this system, except the name and address of a Veteran, may be disclosed to
Federal, State, or local professional, regulatory, or disciplinary organizations or associations,
including but not limited to bar associations, State licensing boards, and similar professional
entities, for use in disciplinary proceedings and inquiries preparatory thereto, where VA determines
that there is good cause to question the legality or ethical propriety of the conduct of a person
employed by VA or a person representing a person in a matter before VA. 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.
</p><p>12. VA may disclose information to individuals, organizations, private or public agencies, or
other entities with which 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.
</p><p>13. 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.
</p><p>14. Disclosure of any information within this system may be made when it is suspected or
confirmed that the security or confidentiality of information in the system of records has been
compromised and VA has determined that as a result of the suspected or confirmed compromise there is
a risk of harm to economic or property interest, identity theft or fraud, or harm to the security or
integrity of this system or other systems or programs (whether maintained by VA or another agency or
entity) that rely upon the compromised information; and the disclosure is made to such agencies,
entities, and persons who are reasonably necessary to assist in connection with VA's efforts to
respond to the suspected or confirmed compromise and prevent, minimize, or remedy such harm.
</p></xhtmlContent></subsection>
<subsection type="policiesAndPractices"><xhtmlContent><p>Storage:</p>
<p>Records are maintained on paper and on electronic storage media, including magnetic tape,
disk, encrypted flash memory, and laser optical media.
</p></xhtmlContent></subsection>
<subsection type="retrievability"><xhtmlContent><p>Records are retrieved by name, Social Security Number, or other assigned identifiers of the
individuals on whom they are maintained.
</p></xhtmlContent></subsection>
<subsection type="safeguards"><xhtmlContent><p>1. Access to and use of national patient databases are limited to those persons whose
official duties require such access, and VA has established security procedures to ensure that
access is appropriately limited. Information security officers and system data stewards review and
authorize data access requests. VA regulates data access with security software that authenticates
users and requires individually unique codes and passwords. VA provides information security
training to all staff and instructs staff on the responsibility each person has for safeguarding
data confidentiality.
</p><p>2. VA maintains Business Associate Agreements (BAA) and Non-Disclosure Agreements with contracted
resources in order to maintain confidentiality of the information.
</p><p>3. Physical access to computer rooms housing national patient databases is restricted to
authorized staff and protected by a variety of security devices. Unauthorized employees,
contractors, and other staff are not allowed in computer rooms. The Federal Protective Service or
other security personnel provide physical security for the buildings housing computer rooms and data
centers.
</p><p>4. All materials containing real or scrambled Social Security Numbers are kept only on secure,
encrypted VHA servers, personal computers, laptops, or media. All e-mail transmissions of such files
use Public Key Infrastructure (PKI) encryption. If a recipient does not have PKI, items are mailed
or sent to a secure fax. Paper records containing Social Security Numbers are secured in locked
cabinets or offices within the OMI area. Access to OMI requires passing a security officer, an
elevator card reader for floor access and a separate VHA card reader for access to the office area.
All materials, both paper and electronic, that are no longer required are shredded/obliterated in
accordance with VHA guidelines. Materials required for case documentation and follow up are archived
in our secure document management server (electronic) and in locked storage (paper).
</p><p>5. In most cases, copies of back-up computer files are maintained at off-site locations.
</p></xhtmlContent></subsection>
<subsection type="retentionAndDisposal"><xhtmlContent><p>The records are disposed of in accordance with Section XXXV--Office of the Medical
Inspector (10MI) of the Veterans Health Administration Records Control Schedule 10-1 of March
31, 2008, which stipulates that records from investigations not involving site visits will be
destroyed 10 years after closure; records from investigations involving site visits will be
destroyed 20 years after closure.
</p></xhtmlContent></subsection>
<subsection type="systemManager"><xhtmlContent><p>Official responsible for policies and procedures; Chief Information Officer (19), Department
of Veterans Affairs, 810 Vermont Avenue, NW., Washington, DC 20420. Official maintaining this system
of records: Donald L. Martin, Correspondence Analyst, OMI (10MI), 810 Vermont Avenue, NW.,
Washington, DC 20420.
</p></xhtmlContent></subsection>
<subsection type="notificationProcedure"><xhtmlContent><p>Individuals who wish to determine whether this system of records contains information about
them should contact Donald L. Martin, Correspondence Analyst, OMI (10MI), 810 Vermont Avenue, NW.,
Washington, DC 20420. Inquiries should include the person's full name, Social Security number,
location and dates of employment or location and dates of treatment, and return address.
</p></xhtmlContent></subsection>
<subsection type="recordAccessProcedures"><xhtmlContent><p>Individuals seeking information regarding access to and contesting of records in this system
may write or call Donald L. Martin, Correspondence Analyst, OMI (10MI), 810 Vermont Avenue, NW.,
Washington, DC 20420, 202-461-4079.
</p></xhtmlContent></subsection>
<subsection type="contestingRecordProcedures"><xhtmlContent><p>(<i>See</i> Record Access Procedures above.)
</p></xhtmlContent></subsection>
<subsection type="recordSourceCategories"><xhtmlContent><p>Information in this system of records is provided by Veterans, VA employees, VA computer
systems, Veterans Health Information Systems and Technology Architecture (VistA), VA medical centers, VA Health Eligibility Center, VA program offices, VISNs, VA Austin Automation Center, the
Food and Drug Administration, the Department of Defense, Survey of Healthcare Experiences of Patients, External Peer Review Program, and the following Systems Of Records: "Patient Medical Records--VA" (24VA19), "National Prosthetics Patient Database--VA" (33VA113), "Healthcare Eligibility Records--VA" (89VA16), VA Veterans Benefits
Administration automated record systems (including the Veterans and Beneficiaries Identification and Records Location Subsystem--VA (38VA23), and subsequent iterations of those systems of records.
</p></xhtmlContent></subsection></section>
<section id="163VA005Q3" toc="yes">
<systemNumber>163VA005Q3</systemNumber>
<subsection type="systemName">Veterans Tracking Application (VTA)/Federal Case Management Tool (FCMT)-VA.
</subsection>
<subsection type="systemLocation"><xhtmlContent><p>The VTA system containing its associated records is maintained at the Austin Information Technology Center (AITC) at 1615 East Woodward Street, Austin, Texas 78772. The FCMT system containing its associated records is maintained at the Terremark Worldwide computing facility located at 18155 Technology Blvd., Culpeper, Virginia 22701-3805 and, effective March 15, 2014, at Qwest CenturyLink Data Center located at 22810 International Drive, Sterling, Virginia 20166. A second VTA database with an identical set of records is being established at a disaster recovery site at the Hines Information Technology Center (Hines ITC) at Hines, Illinois. All records are maintained electronically. Disaster recovery facilities for the FCMT application and database are available at Terremark's backup site in Miami, Florida and Savvis, A CenturyLink Company, in Chicago, Illinois.
</p></xhtmlContent></subsection>
<subsection type="categoriesOfIndividuals"><xhtmlContent><p>The category of the individuals covered by the VTA/FCMT database encompasses Veterans,
Servicemembers, civilians working in combat zones and their dependents. This would include current
Servicemembers, separated Servicemembers, and their dependents; as well as Veterans whose Veterans
Affairs (VA) military service benefits have been sought by others (<i>e.g.,</i> burial benefits).
</p></xhtmlContent></subsection>
<subsection type="categoriesOfRecords"><xhtmlContent><p>The record, or information contained in the record, may include identifying information (<i>
e.g.,</i> name, contact information, Social Security number), association to dependents, cross
reference to other names used, military service participation and status information (branch of
service, rank, enter on duty date, release from active duty date, military occupations, type of
duty), reason and nature of active duty separation (completion of commitment, disability, hardship,
etc.), combat/environmental exposures (combat pay, combat awards, theater location), combat
deployments (period of deployment, location/country), Guard/Reserve activations (type of
activation), military casualty/disabilities (line of duty death, physical examination board status,
serious/very serious injury status, recovery plans, DoD rated disabilities), benefit participation,
eligibility and usage, and VA compensation (rating, award amount).
</p></xhtmlContent></subsection>
<subsection type="authorityForMaintenance"><xhtmlContent><p>The authority for maintaining this system is Title 38 U.S.C., 5106.
</p><p>Purpose:</p>
<p>With our Nation's Veterans returning from long wartime engagements, it is of utmost
importance that VA implements a streamlined care management solution. VTA/FCMT will work to replace
manual processes that result in delays in coordinating or managing care for our Veterans. VTA/FCMT
and the associated database support programs throughout the VA. The VTA/FCMT provides the VA
tracking information on members of the armed forces who are receiving care from a DoD MTF, a VA
health care facility, or who already have Veteran status. The VTA/FCMT provides tracking of the
Veteran/Service member's arrival at the initial VA health care facility and provides date and
location information for subsequent transfers to other health facilities. In addition, VTA/FCMT
obtains data about patient history from the imported DoD Theater Medical Data Store (TMDS). In
addition to the Veteran patient population, VTA/FCMT records benefit tracking information for all
severely injured Veterans requesting benefits. This history includes all benefit award details to
include application dates, award decisions, dates and amounts. VTA/FCMT also tracks Servicemembers
and Veterans disability claims through the Integrated Disability Eligibility System (IDES) module.
The purpose of the VTA/FCMT is to track the initial arrival of a Servicemember into the VA and DoD
health care systems and their subsequent movement among VA health facilities, as well as monitor
benefits application and administration details.
</p><p>The records and information may be used for analysis to produce various management, workload
tracking, and follow-up reports for our Veterans; to track and evaluate the ordering and delivery of
services and patient care; for the planning, distribution and utilization of resources; and to
allocate clinical and administrative support to patient medical care.
</p><p>In addition, the data may be used to assist in workload allocation for patient treatment services
including provider panel management, nursing care, clinic appointments, surgery, prescription
processing, diagnostic and therapeutic procedures; to plan and schedule training activities for
employees; for audits, reviews and investigations conducted by the network directors office and VA
Central Office; for quality assurance audits, reviews and investigations; for law enforcement
investigations; and for personnel management, evaluation and employee ratings, and performance
evaluations.
</p></xhtmlContent></subsection>
<subsection type="routineUsesOfRecords"><xhtmlContent><p>The record of an individual included in this system may be provided to DoD systems or
offices for use in connection with matters relating to one of DoD's programs to enable delivery of
healthcare or other DoD benefits to eligible beneficiaries.
</p><p>The name, address, VA file number, effective date of compensation or pension, current and
historical benefit pay amounts for compensation or pension, service information, date of birth,
competency payment status, incarceration status, and Social Security number of Veterans and their
surviving spouses or dependents may be disclosed to the approved VA and DoD office/systems to
reconcile the disability claims, benefits awards, and patient data.
</p><p>The name(s) and address(es) of a Veteran may be disclosed to another Federal agency or to a
contractor of that agency, at the written request of the head of that agency or designee of the head
of that agency for the purpose of conducting government research necessary to accomplish a statutory
purpose of that agency.
</p><p>VA may disclose on its own initiative any information in this system, except the names and
addresses of Veterans and their dependents, that is relevant to a suspected 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, 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,
rule, or order issued pursuant thereto.
</p><p>VA may disclose identifying information, including Social Security number, concerning Veterans,
spouses of Veterans, and the beneficiaries of Veterans to other Federal agencies for the purpose of
conducting computer matches to obtain information to determine or verify eligibility of Veterans
receiving VA medical care under Title 38, U.S.C.
</p><p>VA may disclose relevant health care information regarding individuals treated under 38 U.S.C.
8111A to DoD, or its components, for the purpose deemed necessary by appropriate military command
authorities to assure proper execution of the military mission.
</p><p>VA may disclose health care information as deemed necessary and proper to Federal, state, and
local government agencies and national health organizations in order to assist in the development of
programs that will be beneficial to claimants, to protect their rights under law, and assure that
they are receiving all benefits to which they are entitled.
</p><p>VA may disclose information in the 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 proceeding before a court or adjudicative body, provided that, in each case,
the agency also determines prior to disclosure that release of records to the DOJ is a use of
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.
</p><p>VA may disclose information to assist a person or entity responsible for the licensing,
supervision, or professional discipline of the person or organization acting as representative.
Names and home addresses of Veterans and their dependents will be released on VA's initiative under
this routine use only to Federal entities when VA believes that the names and addresses are required
by the Federal department or agency.
</p><p>Disclosure of relevant information may be made to individuals, organizations, private or public
agencies, or other entities or individuals with whom VA has a contract or agreement to perform such
services as VA may deem practicable for the purposes of laws administered by VA, in order for the
contractor, subcontractor or entity or individual with whom VA has an agreement or contract to
perform the services of the contract or agreement.
</p><p>VA may on its own initiative disclose information or records to appropriate agencies, entities,
and persons when (1) VA suspects or confirmed that the integrity or confidentiality of information
in the system of records has been compromised; (2) VA has determined that as a result of the
suspected or confirmed compromise there is a risk embarrassment or harm to the reputations of the
records subjects, harm to economic or property interest, identity theft or fraud, or harm to the
security, confidentiality or integrity of this system or other systems or programs (whether
maintained by VA or another agency or entity) that rely upon the potentially compromised
information; and (3) the disclosure is made to such agencies, entities, and persons whom VA
determines are reasonably necessary to assist in or carry out VA's efforts to respond to the
suspected or confirmed compromise and prevent, minimize, or remedy such harm. This routine use
permits disclosures by VA 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.
</p><p>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.
</p><p>The record of an individual who is covered by a system of records may be disclosed to a Member of
Congress, or a staff person acting for the member, when the member or staff person requests the
record on behalf of and at the written request of the individual.
</p><p>Disclosure may be made to the National Archives and Records Administration or the General
Services Administration in records management inspections conducted under authority of Chapter 29 of
Title 44 U.S.C.
</p><p>Any information in this system of records may be disclosed, in the course of presenting evidence
in or to a court, magistrate, administrative tribunal, or grand jury, including disclosures to
opposing counsel in the course of such proceedings or in settlement negotiations.
</p></xhtmlContent></subsection>
<subsection type="policiesAndPractices"><xhtmlContent><p>Storage:</p>
<p>Records are transmitted between approved VA and DoD office/systems and VTA/FCMT over secure
telecommunications (i.e. SFTP, secure web services) using approved encryption technologies. Records
(or information contained in records) are maintained in electronic format in the VTA/FCMT database.
Information from VTA/FCMT is disseminated in three ways: (1) Approved VA and DoD systems
electronically request and receive data from VTA/FCMT over the internal VA and DoD network; (2) data
is provided over the secure telecommunications between VTA/FCMT and approved VA and DoD
office/systems for reconciliation of records; (3) periodic electronic data extracts of subsets of
information contained in VTA/FCMT are provided to approved VA and DoD offices/systems over the
internal VA network and DoD network. Backups of VTA/FCMT data are created regularly and stored in a
secure off-site facility.
</p></xhtmlContent></subsection>
<subsection type="retrievability"><xhtmlContent><p>Electronic files are retrieved using various unique identifiers belonging to the individual
to whom the information pertains to include such identifiers as name, claim file number, Social
Security number and date of birth.
</p></xhtmlContent></subsection>
<subsection type="safeguards"><xhtmlContent><p>1. <i>Physical Security:</i> The primary VTA system is located in the AITC and the backup
disaster recovery system is located in the Hines ITC. The primary FCMT system is located at
Terremark Worldwide facility located in Culpeper, Virginia and the backup disaster recovery system
is located at Terremark's backup site in Miami, Florida. Access to data processing centers is
generally restricted to center employees, custodial personnel, Federal Protective Service and other
security personnel. Access to computer rooms is restricted to authorized operational personnel
through electronic passage technology. All other persons needing access to computer rooms are
escorted.
</p><p>2. <i>System Security:</i> Access to the VA network is protected by the usage of "logon
" identifications and passwords. Once on the VA network, separate ID and password credentials
are required to gain access to the VTA/FCMT server and/or database. Access to the server and/or
database is granted to only a limited number of system administrators and database administrators.
In addition VTA/FCMT has undergone certification and accreditation. Users of VTA access the system
via the approved Veterans Information Portal (VIP). Users must register first through the VIP Portal
and obtain a username and password. Upon approval of a VIP account, they may request access to VTA
through an electronic form accessible via VIP. Users of FCMT access the system via the approved VA
Trusted Internet Connection or through the VA's Virtual Private Network. Users must have accounts in
the VA's Active Directory (AD) system. Upon approval of a VA AD account, they may request access to
FCMT. Within the VTA/FCMT system, users are designated a role which determines their access to
specific data. Based on a risk assessment that followed National Institute of Standards and
Technology Vulnerability and Threat Guidelines, the system is considered stable and operational. VTA
has received a final Authority to Operate (ATO) and FCMT currently holds a temporary ATO which is
currently in process to become permanent. The system was found to be operationally secure, with very
few exceptions or recommendations for change.
</p></xhtmlContent></subsection>
<subsection type="retentionAndDisposal"><xhtmlContent><p>VA retains selected information for purposes of making eligibility determinations for VA
benefits. The information retained may be included in the VA records that are maintained and
disposed of in accordance with the appropriate record disposition authority approved by the
Archivist of the United States.
</p></xhtmlContent></subsection>
<subsection type="systemManager"><xhtmlContent><p>Program Manager, Office of Information &amp; Technology, Department of Veterans Affairs
(005), 810 Vermont Avenue NW., VA Central Office, Washington, DC 20420.
</p></xhtmlContent></subsection>
<subsection type="notificationProcedure"><xhtmlContent><p>Individuals seeking information on the existence and content of a record pertaining to them
should contact the system manager, in writing, at the above address. Requests should contain the
full name, address and telephone number of the individual making the inquiry.
</p></xhtmlContent></subsection>
<subsection type="recordAccessProcedures"><xhtmlContent><p>(See notification procedure above.)
</p></xhtmlContent></subsection>
<subsection type="contestingRecordProcedures"><xhtmlContent><p>(See notification procedure above.)
</p></xhtmlContent></subsection>
<subsection type="recordSourceCategories"><xhtmlContent><p>Information in this system of records is provided by components of the Department of Defense
and Department of Veterans Affairs.
</p></xhtmlContent></subsection></section>
<section id="165VA05CCSP" toc="yes">
<systemNumber>165VA05CCSP</systemNumber>
<subsection type="systemName">Child Care Subsidy Program--VA.
</subsection>
<subsection type="systemLocation"><xhtmlContent><p>Applications to participate in the Department of Veterans Affairs (VA) Child Care Subsidy
Program are currently submitted through the field facility Human Resources offices.  The records are
then shipped or submitted electronically to the VA Central Office Child Care Subsidy Program Service
(05CCSP).  Policy issues concerning this program should be submitted to the Work life and Benefits
Service (058) at 810 Vermont Avenue NW., Washington, DC 20420.
</p></xhtmlContent></subsection>
<subsection type="categoriesOfIndividuals"><xhtmlContent><p>Employees of the VA who voluntarily apply for child care subsidy program.
</p></xhtmlContent></subsection>
<subsection type="categoriesOfRecords"><xhtmlContent><p>Application forms for child care subsidy program contains personal information, including
employee (parent) name, social security number, pay grade, telephone numbers, total family income,
names of children on whose behalf the parent is applying for subsidy, children's dates of birth;
information on child care providers used, including day care provider's names, addresses, provider
license numbers and States where issued, and provider tax identification number; and copies of IRS
Form 1040 and 1040A for verification purposes.
</p></xhtmlContent></subsection>
<subsection type="authorityForMaintenance"><xhtmlContent><p>Public Law 1 06-58, Section 643 and Executive Order 9397
</p></xhtmlContent></subsection>
<subsection type="purpose"><xhtmlContent><p>To establish and verify VA employees' eligibility for child care subsidies in order for VA
to provide monetary assistance to its employees.
</p></xhtmlContent></subsection>
<subsection type="routineUsesOfRecords"><xhtmlContent><p>1. For Law Enforcement Purposes--To disclose pertinent information to   the appropriate
Federal, State, or local agency responsible for investigating, prosecuting, enforcing, or
implementing a statute, rule, regulation, or order, where VA becomes aware of an indication of a
violation or potential violation of civil or criminal law or regulation.
</p><p>2. For Congressional Inquiry--To provide information to a congressional office from the
record of an individual in response to an inquiry from that congressional office made at the request
of that individual.
</p><p>3. For Judicial/Administrative Proceedings--To disclose information to another Federal
agency, to a court, or a party in litigation before a court or in an administrative proceeding being
conducted by a Federal agency, when the Government is a party to the judicial or administrative
proceeding. In those cases where the Government is not a  party to the proceeding, records may be
disclosed if a subpoena has been signed by a judge.
</p><p>4. For National Archives and Records Administration and General Services Administration--To
disclose to the National Archives and Records Administration and the General Services Administration
in records management inspections conducted under authority of Title 44 of the U.S. Code.
</p><p>5. Within VA for Statistical/Analytical Studies--By VA in the production of summary
descriptive statistics and analytical studies in support of the function for which records are
collected and maintained, or for related workforce studies. While published studies do not contain
individual identifiers, in some instances the selection of elements of data included in the study
may be structured in such a way as to make the data individually identifiable by inference.
</p><p>6. For Litigation--To disclose information to the Department of Justice, or in a proceeding
before a court, adjudicative body, or other administrative body before which VA is authorized to
appear, when:  (1) VA, or any component thereof; or (2) Any employee of VA in his or her official
capacity; or (3) Any employee of VA in his or her individual capacity where the Department of
Justice or VA has agreed to represent the employee; or (4) The United States, when VA determines
that litigation is likely to affect VA or any of its components; is a party to litigation or has an
interest in such litigation, and the use of such records by the Department of Justice or VA is
deemed by VA to be relevant and necessary to the litigation provided, however, that the disclosure
is compatible with the purpose for which records were collected.
</p><p>7. For the Merit Systems Protection Board--To disclose information to officials of the Merit
Systems Protection Board or the Office of the Special Counsel, when requested in connection with
appeals, special studies of the civil service and other merit systems, review of VA rules and
regulations, investigations of alleged or possible prohibited personnel practices, and such other
functions, e.g., as promulgated in 5 U.S.C. 1205 and 1206, or as may be authorized by law.
</p><p>8. For the Equal Employment Opportunity Commission--To disclose information to the Equal
Employment Opportunity Commission when requested in connection with an investigation into alleged or
possible discrimination practices in the Federal sector, compliance by Federal agencies with the
Uniform Guidelines on Employee Selection Procedures or other functions vested in the Commission and
to otherwise ensure compliance with the provisions of 5 U.S.C. 7201.
</p><p>9. For the Federal Labor Relations Authority--To disclose information to the Federal Labor
Relations Authority or its General Counsel when requested in connection with investigations of
allegations of unfair labor practices or matters before the Federal Service Impasses Panel.
</p><p>10. For Non-Federal Personnel--To disclose information to contractors, grantees, or
volunteers performing or working on a contract, service, grant, cooperative agreement, or job for
the Federal government.
</p></xhtmlContent></subsection>
<subsection type="policiesAndPractices"><xhtmlContent><p>Storage:</p>
<p> Information may be collected on paper or electronically and may be stored as in paper or
electronic format.
</p></xhtmlContent></subsection>
<subsection type="retrievability"><xhtmlContent><p>By name; may also be cross-referenced to social security number or other personal
identifying number.
</p></xhtmlContent></subsection>
<subsection type="safeguards"><xhtmlContent><p>When not in use by an authorized person, paper records are stored in lockable file cabinets
or secured rooms.  Electronic records are protected by the use of passwords.
</p></xhtmlContent></subsection>
<subsection type="retentionAndDisposal"><xhtmlContent><p> Disposition of records is according to the National Archives and Records Administration
guidelines.
</p></xhtmlContent></subsection>
<subsection type="systemManager"><xhtmlContent><p>Director, Child Care Subsidy Program Office, Office of Human Resources Management, 810
Vermont Avenue NW., Washington, DC  20420.
</p></xhtmlContent></subsection>
<subsection type="notificationProcedure"><xhtmlContent><p>Individuals may submit a request on whether a system contains records about them to the
system manager indicated.  Individuals must furnish the following for their records to be located
and identified:
</p><p>a. Full name
</p><p>b. Social Security Number
</p></xhtmlContent></subsection>
<subsection type="recordAccessProcedures"><xhtmlContent><p>Individuals wishing to request access to records about them should contact the system
manager indicated.  Individuals must provide the following information for their records to be
located and identified:
</p><p>a. Full name
</p><p>b.  Social Security Number
</p><p>Individuals requesting access must also follow the Office of Personnel Management's Privacy Act
Regulations regarding verification of identity and amendment of records (5 CFR, Part 297).
</p></xhtmlContent></subsection>
<subsection type="contestingRecordProcedures"><xhtmlContent><p>Individuals wishing to request amendment of records about them should contact the system
manager indicated.  Individual must furnish the following information for their records to be
located and identified:
</p><p>a.  Full name
</p><p>b.   Social Security Number
</p><p>Individuals requesting amendment must also follow the Office of Personnel Management's Privacy
Act Regulations regarding verification of identity and amendment of records (5 CFR part 297).
</p></xhtmlContent></subsection>
<subsection type="recordSourceCategories"><xhtmlContent><p>Information is provided by VA employees who apply for child care subsidy.  Furnishing the
information is voluntary.
</p></xhtmlContent></subsection></section>
<section id="168VA10P2" toc="yes">
<systemNumber>168VA10P2</systemNumber>
<subsection type="systemName">Virtual Lifetime Electronic Record (VLER).
</subsection>
<subsection type="systemLocation"><xhtmlContent><p>Records are maintained at Department of Veterans Affairs (VA), Austin Information Technology
Center (AITC), 1615 Woodward Street, Austin, TX 78772.
</p></xhtmlContent></subsection>
<subsection type="categoriesOfIndividuals"><xhtmlContent><p>The records contain information on Veterans and the family members or caregivers; members of
the armed services, Reserves or National Guard; and VA employees who access information through
VLER.
</p></xhtmlContent></subsection>
<subsection type="categoriesOfRecords"><xhtmlContent><p>The records may include patient demographic information (<i>e.g.,</i> name, address, phone
numbers, date of birth, social security number); patient demographic and health information from
external health care providers (<i>e.g.,</i> medication listing allergies, consultations and
referrals, history and physicals, discharge summaries, diagnostic studies and procedure notes,
Advanced Directives, problem lists, laboratory reports, lists of procedures and encounters);
benefits information (<i>e.g.,</i> disability rating, service connection rating); and information on
Veterans' preferences for restricting the sharing of their health information (<i>e.g.,</i>
authorizations, restriction requests, revocation of authorizations).
</p></xhtmlContent></subsection>
<subsection type="authorityForMaintenance"><xhtmlContent><p>Title 38, United States Code, Section 501.
</p></xhtmlContent></subsection>
<subsection type="purpose"><xhtmlContent><p>The records and information may be used for the ongoing communication of current healthcare
data among VLER/Nationwide Health Information Network (NwHIN) partners, Department of Defense (DoD)
and VA to promote improved quality of patient care, reduce duplicative ordering of tests, services
and pharmaceuticals; for statistical analysis to produce various management, workload tracking, and
follow-up reports; to track and evaluate the ordering and delivery of equipment, services and
patient care; for the planning, distribution and utilization of resources; to monitor the
performance of Veterans Integrated Service Networks (VISN); and to allocate clinical and
administrative support to patient to include but not limited to Healthcare treatment, disability
adjudication, and benefits.
</p></xhtmlContent></subsection>
<subsection type="routineUsesOfRecords"><xhtmlContent><p>To the extent that records contained in the system include information protected by 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 routine use unless there is also specific statutory authority permitting
disclosure.
</p><p>VA may disclose protected health information pursuant to the following routine uses where
required by law, or required or permitted by 45 CFR Parts 160 and 164.
</p><p>1. On its own initiative, the VA may disclose information, except for the names and home
addresses of veterans and their dependents, to a Federal, State, local, tribal or foreign 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, rule or order
issued pursuant thereto.
</p><p>2. Disclosure may be made to any source from which additional information is requested (to the
extent necessary to identify the individual, inform the source of the purpose(s) of the request, and
to identify the type of information requested), when necessary to obtain information relevant to an
individual's eligibility, care history, or other benefits.
</p><p>3. Disclosure of information to a NwHIN participant for the purpose of providing care or
treatment to VA patients, reimbursement for health care services, or determining eligibility for
government disability benefits.
</p><p>4. The record of an individual who is covered by a system of records may be disclosed to a Member
of Congress, or a staff person acting for the Member, when the Member or staff person requests the
record on behalf of and at the written request of the individual.
</p><p>5. Disclosure may be made to 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.).
</p><p>6. 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 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
that is compatible with the purpose for which VA collected the records.
</p><p>7. Disclosure may be made to a national certifying body which has the 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 national certifying body 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.
</p><p>8. VA may disclose information to officials of the Merit Systems Protection Board MSPB), or the
Office of 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 authorized by law.
</p><p>9. VA may disclose information to the Equal Employment Opportunity Commission when requested in
connection with investigations of alleged or possible discriminatory practices, examination of
Federal affirmative employment programs, or for other functions of the Commission as authorized by
law or regulation.
</p><p>10. VA may disclose to the Fair Labor Relations Authority (FLRA) (including its General Counsel)
information related to the establishment of jurisdiction, the investigation and resolution of
allegations of unfair labor practices, or information in connection with the resolution of
exceptions to arbitration awards when a question of material fact is raised; to disclose information
in matters properly before the Federal Services Impasse Panel, and to investigate representation
petitions and conduct or supervise representation elections.
</p><p>11. Disclosures 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 the 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.
</p><p>12. 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.
</p><p>13. 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 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.
</p><p>14. VA may disclose information from this system to a Federal agency for the purpose of
conducting research and data analysis to perform a statutory purpose of that Federal agency upon the
prior written request of that agency, provided that there is legal authority under all applicable
confidentiality statutes and regulations to provide the data and VA has determined prior to the
disclosure that the VA data handling requirements are satisfied.
</p></xhtmlContent></subsection>
<subsection type="policiesAndPractices"><xhtmlContent><p>Storage:</p>
<p>Records are maintained on electronic storage media including magnetic tape, disk, laser
optical media.
</p></xhtmlContent></subsection>
<subsection type="retrievability"><xhtmlContent><p>Records are retrieved by name, social security number or other assigned identifiers of the
individuals on whom they are maintained. For reporting purposes records can also be retrieved by
Internal Control Number (ICN), date of service or access by providers, facility, and by
organizational user name.
</p></xhtmlContent></subsection>
<subsection type="safeguards"><xhtmlContent><p>1. Access to and use of national administrative databases, warehouses, and data marts are
limited to those persons whose official duties require such access, and the VA has established
security procedures to ensure that access is appropriately limited. Information security officers
and system data stewards review and authorize data access requests. VA regulates data access with
security software that authenticates users and requires individually unique codes and passwords. VA
provides information security training to all staff and instructs staff on the responsibility each
person has for safeguarding data confidentiality.
</p><p>2. Physical access to computer rooms housing national administrative databases, warehouses, and
data marts is restricted to authorized staff and protected by a variety of security devices.
Unauthorized employees, contractors, and other staff are not allowed in computer rooms. The Federal
Protective Service or other security personnel provide physical security for the buildings housing
computer rooms and data centers.
</p><p>3. Data transmissions between operational systems and national administrative databases,
warehouses, and data marts maintained by this system of record are protected by state of the art
telecommunication software and hardware. This may include firewalls, intrusion detection devices,
encryption, and other security measures necessary to safeguard data as it travels across the VA Wide
Area Network.
</p><p>4. In most cases, copies of back-up computer files are maintained at off-site locations.
</p></xhtmlContent></subsection>
<subsection type="retentionAndDisposal"><xhtmlContent><p>In accordance with the records disposition authority approved by the Archivist of the United
States, health information stored on electronic media storage is maintained for seventy-five (75)
years after the last episode of patient care and then deleted.
</p></xhtmlContent></subsection>
<subsection type="systemManager"><xhtmlContent><p>Official maintaining this system of records and responsible for policies and procedures is
Director Standards and Interoperability, Chief Health Informatics Office/Office of Informatics and
Analytics/Veterans Health Information, Department of Veterans Affairs, 810 Vermont Avenue NW.,
Washington, DC 20420.
</p></xhtmlContent></subsection>
<subsection type="notificationProcedure"><xhtmlContent><p>Individuals who wish to determine whether this system of records contains information about
them should contact their closest VA Medical Center (VAMC). Inquiries should include the person's
full name, social security number, location and dates of treatment or location and dates of
employment and their return address.
</p></xhtmlContent></subsection>
<subsection type="recordAccessProcedures"><xhtmlContent><p>Individuals seeking information regarding access to and contesting of records in this system
may write the Director Standards and Interoperability, Chief Health Informatics Office/Office of
Informatics and Analytics/Veterans Health Information, Department of Veterans Affairs, 810 Vermont
Avenue NW., Washington, DC 20420.
</p></xhtmlContent></subsection>
<subsection type="contestingRecordProcedures"><xhtmlContent><p>(See Record Access Procedures above.)
</p></xhtmlContent></subsection>
<subsection type="recordSourceCategories"><xhtmlContent><p>Information in this system of records is provided by Veterans and their family members or
caregivers, members of the Armed Services, Reserves or National Guard, VA employees, VA computer
systems, Veterans Health Information Systems and Technology Architecture (VistA)-VA (79VA19),
National Patient Databases-VA (121VA19), Patient Medical Record--VA (24VA19), federal and non-
federal VLER/NwHIN partners and Department of Defense.
</p></xhtmlContent></subsection></section>
<section id="169VA10NC" toc="yes">
<systemNumber>169VA10NC</systemNumber>
<subsection type="systemName">Veteran Child Care Programs--VA.
</subsection>
<subsection type="systemLocation"><xhtmlContent><p>Records are maintained at each VA health care facility where the child care program is in
place (in most cases, backup information is stored at off-site locations). Subsidiary record
information is maintained by individuals, organizations, and/or agencies with whom VA has a contract
or agreement to perform such services, as VA may deem practicable.
</p></xhtmlContent></subsection>
<subsection type="categoriesOfIndividuals"><xhtmlContent><p>The records contain information on children who receive child care and the children's
parents and/or guardians who are receiving treatment at VA.
</p></xhtmlContent></subsection>
<subsection type="categoriesOfRecords"><xhtmlContent><p>The records may include information related to:
</p><p>(1) Indentifying information for child (e.g. name, birth date, age, social security number,
telephone number, child's primary care physician and (2) emergency contact information for
parent/guardian (e.g. name of parent, address, relationship, telephone number, alternate contact
person.
</p></xhtmlContent></subsection>
<subsection type="authorityForMaintenance"><xhtmlContent><p>Title 38, U.S.C., Section 501.
</p></xhtmlContent></subsection>
<subsection type="purpose"><xhtmlContent><p>The records and information may be used for statistical analysis to produce various
management, workload tracking, and follow-up reports; determining entitlement and eligibility for VA
benefits, quality assurance audits and reviews, to track and evaluate the ordering and delivery of
equipment and services for the planning, distribution and utilization of resources, and personnel
management and evaluation. The data may be used for VA's extensive research programs in accordance
with VA policy.
</p></xhtmlContent></subsection>
<subsection type="routineUsesOfRecords"><xhtmlContent><p>To the extent that records contained in the system include information protected by 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 routine use unless there is also specific statutory authority permitting
disclosure.
</p><p>VA may disclose protected health information pursuant to the following routine uses where
required by law, or required or permitted by 45 CFR parts 160 and 164.
</p><p>1. On its own initiative, VA may disclose information, except for the names and home addresses of
Veterans and their dependents, to a Federal, State, local, tribal, or foreign 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, rule or order issued pursuant
thereto. On its own initiative, VA may also disclose 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, rule or order issued pursuant thereto. VA must be able to comply with the
requirements of agencies charged with enforcing the law and conducting investigations. VA must also
be able to provide information to State or local agencies charged with protecting the public's
health as set forth in State law.
</p><p>2. 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, in
connection with disease tracking, patient outcomes or other health information required for program
accountability.
</p><p>3. The record of an individual who is covered by a system of records may be disclosed to a Member
of Congress, or a staff person acting for the Member, when the Member or staff person requests the
record on behalf of and at the written request of the individual.
</p><p>4. Disclosure may be made to NARA and GSA in records management inspections conducted under
authority of Title 44, Chapter 29, of the U.S.C.
</p><p>5. 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 the DoJ is a use
of the information contained in the records that is compatible with the purpose for which VA
collected the records.
</p><p>6. VA may disclose information to the Equal Employment Opportunity Commission when requested in
connection with investigations of alleged or possible discriminatory practices, examination of
Federal affirmative employment programs, or for other functions of the Commission as authorized by
law or regulation.
</p><p>7. Disclosures 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 the 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.
</p><p>8. 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.
</p><p>9. 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; and (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 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.
</p><p>10. Information may be disclosed by appropriate VA personnel to the extent necessary and on a
need to know basis, consistent with good medical-ethical practices, to family members.
</p><p>11. VA may disclose information from this system to the FLRA, including its General Counsel,
information related to the establishment of jurisdiction, investigation, and resolution of
allegations of unfair labor practices, or in connection with the resolution of exceptions to
arbitration awards when a question of material fact is raised; for it to address matters properly
before the Federal Services Impasses Panel, investigate representation petitions, and conduct or
supervise representation elections.
</p><p>12. VA may disclose information from this system to the MSPB, or 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
authorized by law.
</p></xhtmlContent></subsection>
<subsection type="policiesAndPractices"><xhtmlContent><p>Storage:</p>
<p>Records are maintained on paper, microfilm, electronic media including images and scanned
documents, or laser optical media in the consolidated health record at the health care facility
where care was rendered.
</p></xhtmlContent></subsection>
<subsection type="retrievability"><xhtmlContent><p>Records are retrieved by name, social security number or other assigned identifiers of the
individuals to whom they pertain.
</p></xhtmlContent></subsection>
<subsection type="safeguards"><xhtmlContent><p>1. Access to and use of national administrative databases, warehouses, and data marts are
limited to those persons whose official duties require such access, and VA has established security
procedures to ensure that access is appropriately limited. Information security officers and system
data stewards review and authorize data access requests. VA regulates data access with security
software that authenticates users and requires individually unique codes and passwords. VA provides
information security training to all staff and instructs staff on the responsibility each person has
for safeguarding data confidentiality.
</p><p>2. Physical access to computer rooms housing national administrative databases, warehouses, and
data marts is restricted to authorized staff and protected by a variety of security devices.
Unauthorized employees, contractors, and other staff are not allowed in computer rooms. The Federal
Protective Service or other security personnel provide physical security for the buildings housing
computer rooms and data centers.
</p><p>3. Data transmissions between operational systems and national administrative databases,
warehouses, and data marts maintained by this system of record are protected by state of the art
telecommunication software and hardware. This may include firewalls, intrusion detection devices,
encryption, and other security measures necessary to safeguard data as it travels across the VA Wide
Area Network.
</p><p>4. In most cases, copies of back-up computer files are maintained at off-site locations.
</p><p>5. VA maintains Business Associate Agreements and Non-Disclosure Agreements where appropriate
with contracted resources in order to maintain confidentiality of the information.
</p></xhtmlContent></subsection>
<subsection type="retentionAndDisposal"><xhtmlContent><p>Records are maintained and disposed of in accordance with the records disposition authority
approved by the Archivist of the United States.
</p></xhtmlContent></subsection>
<subsection type="systemManager"><xhtmlContent><p>Official maintaining this system of records and responsible for policies and procedures is
the Deputy, ADUSH for Clinical Operations, Department of Veterans Affairs, 810 Vermont Avenue NW.,
Washington, DC 20420.
</p></xhtmlContent></subsection>
<subsection type="notificationProcedure"><xhtmlContent><p>Individuals who wish to determine whether this system of records contains information about
them or their children should submit a written request or apply in person where the child
participated in the child care program. Inquiries should include the person's full name, social
security number, location and dates of employment or location and dates of treatment and their
return address.
</p></xhtmlContent></subsection>
<subsection type="recordAccessProcedures"><xhtmlContent><p>Individuals seeking information regarding access to and contesting of records in this system
may write, call, or visit in person where the child participated in the child care program.
</p></xhtmlContent></subsection>
<subsection type="contestingRecordProcedures"><xhtmlContent><p>(See Record Access Procedures above.)
</p></xhtmlContent></subsection>
<subsection type="recordSourceCategories"><xhtmlContent><p>Information in this system of records is provided by the Veteran or family members.
</p></xhtmlContent></subsection></section>
	<section id="170VA22" toc="yes">
<systemNumber>170VA22</systemNumber>
<subsection type="systemName">"Principles of Excellence Centralized Complaint System-VA" 170VA22.
</subsection>
<subsection type="systemLocation"><xhtmlContent><p>Complaints or allegations concerning entities or individuals that have not or may not have adhered to the Principles of Excellence
established in the Executive Order 13607 will be submitted by users of VA education benefits or veterans, service members, and their
families. Registered complaints will be transmitted in a secure electronic format to VA Central Office for review. Policy issues
concerning this system should be submitted to the Department of Veterans Affairs, 810 Vermont Avenue NW., Washington, DC 20420.
</p></xhtmlContent></subsection>
<subsection type="categoriesOfIndividuals"><xhtmlContent><p>Individuals covered by this system are individuals who submit complaints to VA (on their own); individuals on whose behalf
complaints are submitted by others (such as attorneys, members of Congress, third party advocates, and/or other governmental
organizations); and employees, the Federal Trade Commission, other Federal agencies, state agencies, or VA. Information collected is
subject to the Privacy Act only to the extent that it concerns individuals; information pertaining to entities and organizations is not
subject to the Privacy Act.
</p></xhtmlContent></subsection>
<subsection type="categoriesOfRecords"><xhtmlContent><p>Records in the system may contain: (1) Correspondence or other information received; (2) information from the entity or individual
referring the complaint; (3) records created of verbal communications by or with complainants or other individuals; (4) information
regarding third party advocates or others who submit complaints on another's behalf; (5) information identifying the entity that is
subject to the complaint or its employees; (6) communication with or by the entity that is subject to the complaint or its employees;
(7) unique identifiers, codes, and descriptors categorizing each complaint file; (8) information about how complaints were responded to
or referred, including any resolution; (9) records used to respond to or refer complaints, including information in VA's other systems
of records; and (10) identifiable information regarding both the individual who is making the complaint, and the individual on whose
behalf such complaint is made, and employees of the entity about which the complaint was made, including name, Social Security number,
account numbers, address, phone number, email address, and date of birth.
</p></xhtmlContent></subsection>
<subsection type="authorityForMaintenance"><xhtmlContent><p>Executive Order 13607, "Establishing Principles of Excellence for Educational Institutions Serving Service Members, Veterans,
Spouses, and Other Family Members".
</p></xhtmlContent></subsection>
<subsection type="purpose"><xhtmlContent><p>The information in the system is being collected to enable VA to receive, respond to, and refer complaints regarding VA educational
assistance benefits. The system serves as a record of the complaint, and is used for collecting complaint data; responding to or
referring the complaint; aggregating data that will be used to inform other functions of VA and, as appropriate, other agencies and/or
the public; and preparing reports as required by law. This system consists of complaints received by VA or other entities and
information concerning responses to or referrals of these complaints, as appropriate.
</p></xhtmlContent></subsection>
<subsection type="routineUsesOfRecords"><xhtmlContent><p>1. For Law Enforcement Purposes--To disclose pertinent information to the appropriate Federal, state, or local agency
responsible for investigating, prosecuting, enforcing, or implementing a statute, rule, regulation, or order, where VA becomes aware of
an indication of a violation or potential violation of civil or criminal law or regulation. This includes the Federal Trade
Commission's Sentinel Network.
</p><p>2. For Congressional Inquiry--To provide information to a congressional office from the record of an individual in response to
an inquiry from that congressional office made at the request of that individual.
</p><p>3. Judicial/Administrative Proceedings--To disclose information to another Federal agency, to a court, or a party in litigation
before a court or in an administrative proceeding being conducted by a Federal agency, when the Government is a party to the judicial
or administrative proceeding. In those cases where the Government is not a party to the proceeding, records may be disclosed if a
subpoena has been signed by a judge.
</p><p>4. For National Archives and Records Administration and General Services Administration--To disclose to the National Archives
and Records Administration and the General Services Administration in records management inspections conducted under authority of Title
44 of the United States Code (U.S.C.).
</p><p>5. Within VA for Statistical/Analytical Studies--By VA in the production of summary descriptive statistics and analytical
studies in support of the function for which records are collected and maintained, or for related workforce studies. While published
studies do not contain individual identifiers, in some instances, the selection of elements of data included in the study may be
structured in such a way as to make the data individually identifiable by inference.
</p><p>6. For Litigation--To disclose information to the Department of Justice, or in a proceeding before a court, adjudicative body,
or other administrative body before which VA is authorized to appear, when: (1) VA, or any component thereof; or (2) any employee of VA
in his or her official capacity; or (3) any employee of VA in his or her individual capacity where the Department of Justice or VA has
agreed to represent the employee; or (4) the United States, when VA determines that litigation is likely to affect VA or any of its
components, is a party to litigation or has an interest in such litigation, and the use of such records by the Department of Justice or
VA is deemed by VA to be relevant and necessary to the litigation provided, however, that the disclosure is compatible with the purpose
for which records were collected.
</p><p>7. For the Merit Systems Protection Board--To disclose information to officials of the Merit Systems Protection Board or the
Office of the Special Counsel, when requested in connection with appeals, special studies of the civil service and other merit systems,
review of VA rules and regulations, investigations of alleged or possible prohibited personnel practices, and such other functions,
e.g., as promulgated in 5 U.S.C. 1205 and 1206, or as may be authorized by law.
</p><p>8. For the Equal Employment Opportunity Commission--To disclose information to the Equal Employment Opportunity Commission when
requested in connection with an investigation into alleged or possible discrimination practices in the Federal sector, compliance by
Federal agencies with the Uniform Guidelines on Employee Selection Procedures or other functions vested in the Commission, and to
otherwise ensure compliance with the provisions of 5 U.S.C. 7201.
</p><p>9. For the Federal Labor Relations Authority--To disclose information to the Federal Labor Relations Authority or its General
Counsel when requested in connection with investigations of allegations of unfair labor practices or matters before the Federal Service
Impasses Panel.
</p><p>10. For Consumer Reporting Agencies--VA may disclose the name and address of a veteran or beneficiary, and other information as
is reasonably necessary to identify such individual or concerning that individual's indebtedness to the United States by virtue of the
person's participation in a benefits program administered by the Department, to a consumer reporting agency for the purpose of locating
the individual, obtaining a consumer report to determine the ability of the individual to repay an indebtedness to the United States,
or assisting in the collection of such indebtedness, provided that the provisions of 38 U.S.C. 5701(g)(2) and (4) have been met.
</p></xhtmlContent></subsection></section>
<section id="172VA10P2" toc="yes">
<systemNumber>172VA10P2</systemNumber>
<subsection type="systemName">"VHA Corporate Data Warehouse-VA"</subsection>
<subsection type="systemLocation"><xhtmlContent>
<p>CDW is located at the VA Corporate Data Center Operations, Austin Information Technology Center, 1615 Woodward Street, Austin, TX 78772.</p>
</xhtmlContent></subsection>
<subsection type="categoriesOfIndividuals"><xhtmlContent>
<p>The records contain information for all individuals</p>
<p>(1) receiving health care from VHA;</p>
<p>(2) receiving health care from DoD;</p>
<p>(3) providing the health care;</p>
<p>(4) or working for VA or DoD.</p>
<p>Individuals encompass Veterans, members of the armed services, current and former employees, trainees, caregivers, contractors, sub-contractors, consultants, volunteers, and other individuals working collaboratively with VA.</p>
</xhtmlContent></subsection>
<subsection type="categoriesOfRecords"><xhtmlContent>
<p>The records may include information related to:</p>
<p>1. Patient health record detailed information, including information from Patient Health Recordâ€"VA (24VA10P2) and Patient National Databasesâ€"VA (121VA10P2).</p>
<p>2. The record may include identifying information (e.g., name, birth date, death date, admission date, discharge date, gender, social security number, taxpayer identification number); address information (e.g., home and/or mailing address, home telephone number, emergency contact information such as name, address, telephone number, and relationship); prosthetic and sensory aid serial numbers; health record numbers; integration control numbers; information related to medical examination or treatment (e.g., location of VA medical facility providing examination or treatment, treatment dates, medical conditions treated or noted on examination); information related to military service and status;</p>
<p>3. Patient health insurance information; including information from Revenue Program Billing and Collection Recordsâ€"VA (114VA16)</p>
<p>4. Medical benefit and eligibility information; including information from Revenue Program Billing and Collection Recordsâ€"VA (114VA16) </p>
<p>5. Patient aggregate workload data such as admissions, discharges, and outpatient visits; resource utilization such as laboratory tests, x-rays, pharmaceuticals, prosthetics and sensory aids; employee workload and productivity data;</p>
<p>6. Information on services or products needed in the provision of medical care (i.e. pacemakers, prosthetics, dental implants, hearing aids, etc.) data collected may include vendor name and address, details about and/or evaluation of service or product, price/fee, dates purchased and delivered;</p>
<p>7. Health care practitioners' identification number;</p>
<p>8. Employees salary and benefit information;</p>
<p>9. Financial Information from the Financial Management System;</p>
<p>10. Human resource information including employee grade, salary, and tour of duty;</p>
<p>11. Compensation and pension determinations, Veteran eligibility, and other information associated administering Veteran benefits by the Veterans Benefit Administration;</p>
<p>12. Data from other Federal agencies;</p>
<p>13. Patient self-entered data (online forms, etc).</p>
</xhtmlContent></subsection>
<subsection type="authorityForMaintenance"><xhtmlContent>
<p>Title 38, United States Code, Section 501.</p>
</xhtmlContent></subsection>
<subsection type="purpose"><xhtmlContent>
<p>The records and information may be used for clinical decision support, mobile applications presenting patient data, statistical analysis to produce various management, workload tracking, and follow-up reports; to track and evaluate the ordering and delivery of equipment, services and patient care; for the planning, distribution and utilization of resources; to monitor the performance of VISNs; and to allocate clinical and administrative support to patient medical care. The data may be used for VA's extensive research programs in accordance with VA policy and to monitor for bio-terrorist activity. In addition, the data may be used to assist in workload allocation for patient treatment services including provider panel management, nursing care, clinic appointments, surgery, diagnostic and therapeutic procedures; to plan and schedule training activities for employees; for audits, reviews and investigations conducted by the Network Directors Office and VA Central Office; for quality assurance audits, reviews and investigations; for law enforcement investigations; and for personnel management, evaluation and employee ratings, and performance evaluations.</p>
</xhtmlContent></subsection>
<subsection type="routineUsesOfRecords"><xhtmlContent>
<p>To the extent that records contained in the system include information protected by 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 routine use unless there is also specific statutory authority permitting disclosure.</p>
<p>1. On its own initiative, VA may disclose information, except for the names and home addresses of veterans and their dependents, to a Federal, State, local, tribal or foreign 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, rule or order issued pursuant thereto. On its own initiative, VA may also disclose 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, rule or order issued pursuant thereto.</p>
<p>2. Disclosure may be made to any source from which additional information is requested (to the extent necessary to identify the individual, inform the source of the purpose(s) of the request, and to identify the type of information requested), when necessary to obtain information relevant to an individual's eligibility, care history, or other benefits.</p>
<p>3. 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, in connection with disease-tracking, patient outcomes, bio-surveillance, or other health information required for program accountability.</p>
<p>4. The record of an individual who is covered by a system of records may be disclosed to a Member of Congress, or a staff person acting for the Member, when the Member or staff person requests the record on behalf of and at the written request of the individual. Individuals sometimes request the help of a Member of Congress in resolving some issues relating to a matter before VA.</p>
<p>5. Disclosure may be made to NARA and GSA in records management inspections conducted under authority of Title 44, Chapter 29, of the 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.</p>
<p>6. VA may disclose information from this system of records to the 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.</p>
<p>7. 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 non-government 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.</p>
<p>8. Records from this system of records may be disclosed to inform a Federal agency, licensing boards or 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.</p>
<p>9. For program review purposes and the seeking of accreditation and/or certification, disclosure may be made to survey teams of the JC, College of American Pathologists, American Association of Blood Banks, and similar national accreditation agencies or boards with whom VA has a contract or agreement to conduct such reviews but only to the extent that the information is necessary and relevant to the review. VA health care facilities undergo certification and accreditation by several national accreditation agencies or boards to comply with regulations and good medical practices. </p>
<p>10. Disclosure may be made to a national certifying body which has the 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 national certifying body 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.</p>
<p>11. 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.</p>
<p>12. Disclosure may be made 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.</p>
<p>13. VA may disclose information to officials of the MSPB, or the Office of 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 authorized by law.</p>
<p>14. VA may disclose information to the EEOC when requested in connection with investigations of alleged or possible discriminatory practices, examination of Federal affirmative employment programs, or for other functions of the EEOC as authorized by law or regulation.</p>
<p>15. VA may disclose to the FLRA (including its General Counsel) information related to the establishment of jurisdiction, the investigation and resolution of allegations of unfair labor practices, or information in connection with the resolution of exceptions to arbitration awards when a question of material fact is raised; to disclose information in matters properly before the Federal Services Impasse Panel, and to investigate representation petitions and conduct or supervise representation elections.</p>
<p>16. Disclosure of health record data, excluding name and address, unless name and address is furnished by the requester, may be made to epidemiological and other research facilities for research purposes determined to be necessary and proper when approved in accordance with VA policy.</p>
<p>17. Disclosure of name(s) and address(s) of present or former personnel of the armed services, and/or their dependents, may be made to: (a) A Federal department or agency, at the written request of the head or designee of that agency; or (b) directly to a contractor or subcontractor of a Federal department or agency, for the purpose of conducting Federal research necessary to accomplish a statutory purpose of an agency. When disclosure of this information is made directly to a contractor, VA may impose applicable conditions on the department, agency, and/or contractor to insure the appropriateness of the disclosure to the contractor.</p>
<p>18. Disclosures 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 the 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. This routine use includes disclosures by the individual or entity performing the service for VA to any secondary entity or individual to perform an activity that is necessary for individuals, organizations, private or public agencies, or other entities or individuals with whom VA has a contract or agreement to provide the service to VA.</p>
<p>19. 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.</p>
<p>20. 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) VA 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 VA 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 VA's efforts to respond to the suspected or confirmed compromise and prevent, minimize, or remedy such harm. This routine use permits disclosures by VA 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.</p>
<p>21. VA may disclose information from this system to a Federal agency for the purpose of conducting research and data analysis to perform a statutory purpose of that Federal agency upon the prior written request of that agency, provided that there is legal authority under all applicable confidentiality statutes and regulations to provide the data and VA has determined prior to the disclosure that VA data handling requirements are satisfied.</p>
<p>22. VA may disclose information from this system of records to OMB for the performance of its statutory responsibilities for evaluating Federal programs. VA must be able to provide information to OMB to assist it in fulfilling its duties as required by statute and regulation.</p>
<p>23. VA may disclose this information to the DoD for joint ventures between the two Departments to promote improved patient care, better health care resource utilization, and formal research studies.</p>
</xhtmlContent></subsection>
<subsection type="policiesAndPractices"><xhtmlContent><p>Storage:</p>
<p>Records are maintained on Storage Area Networks.</p>
</xhtmlContent></subsection>
<subsection type="retrievability"><xhtmlContent>
<p>Records are retrieved by name, social security number, or other assigned identifiers of the individuals on whom they are maintained.</p>
</xhtmlContent></subsection>
<subsection type="safeguards"><xhtmlContent>
<p>1. Access to and use of data warehouses are limited to those persons whose official duties require such access, and the VA has established security procedures to ensure that access is appropriately limited. Information security officers and system data stewards review and authorize data access requests. VA regulates data warehouse access with security software that relies on network authentication. VA requires information security training to all staff and instructs staff on the responsibility each person has for safeguarding data confidentiality. </p>
<p>2. Physical access to computer rooms housing data warehouses are restricted to authorized staff and protected by a variety of security devices. Unauthorized employees, contractors, and other staff are not allowed in computer rooms.</p>
<p>3. Data transmissions between operational systems and data warehouses maintained by this system of record are protected by state of the art telecommunication software and hardware. This may include firewalls, intrusion detection devices, encryption, and other security measures necessary to safeguard data as it travels across the VA Wide Area Network.</p>
<p>4. In most cases, copies of back-up computer files are maintained at off-site locations.</p>
</xhtmlContent></subsection>
<subsection type="retentionAndDisposal"><xhtmlContent>
<p>Records are maintained and disposed of in accordance with records disposition authority approved by the Archivist of the United States. The records are disposed of in accordance with General Records Schedule 20, item 4.</p>
<p>Item 4 provides for deletion of data files when the agency determines that the files are no longer needed for administrative, legal, audit, or other operational purposes.</p>
</xhtmlContent></subsection>
<subsection type="systemManager"><xhtmlContent>
<p>Officials responsible for policies and procedures; Assistant Deputy Under Secretary for Health for Informatics and Analytics (10P2), Department of Veterans Affairs, 810 Vermont Avenue NW., Washington, DC 20420. Officials maintaining this system of records; Director, National Data Systems (10P2C), Austin Information Technology Center, 1615 Woodward Street, Austin, Texas 78772.</p>
</xhtmlContent></subsection>
<subsection type="notificationProcedure"><xhtmlContent>
<p>Individuals who wish to determine whether this system of records contains information about them should contact the Director of National Data Systems (10P2C), Austin Information Technology Center, 1615 Woodward Street, Austin, Texas 78772. Inquiries should include the person's full name, social security number, location and dates of employment or location and dates of treatment, and their return address.</p>
</xhtmlContent></subsection>
<subsection type="recordAccessProcedures"><xhtmlContent>
<p>Individuals seeking information regarding access to and contesting of records in this system may write or call the Director of VHA National Data Systems (10P2C), located at the VA Corporate Data Center Operations, Austin Campus, 1615 Woodward Street, Austin, Texas 78772, or call the VA National Service Desk and ask to speak with the VHA Director of National Data Systems at (512) 326-6780.</p>
</xhtmlContent></subsection>
<subsection type="contestingRecordProcedures"><xhtmlContent>
<p>(See Record Access Procedures above.)</p>
</xhtmlContent></subsection>
<subsection type="recordSourceCategories"><xhtmlContent>
<p>Information in this system of records is provided by veterans, VA employees, VA computer systems, Veterans Health Information Systems and Technology Architecture (VistA), VA Medical Centers, VA Program Offices, VISNs, DoD, other Federal Agencies.</p>
</xhtmlContent></subsection></section>

    <section id="175VA41A " toc="yes">
        <systemNumber>175VA41A </systemNumber>
        <subsection type="systemName">VA National Cemetery Pre-Need Eligibility Determination Records-VA.</subsection>
        <subsection type="systemLocation">
            <xhtmlContent>
                <p>Records are maintained at the National Cemetery Scheduling Office (41A1), Suite 200, 4850 Lemay Ferry Road, St. Louis, MO, 63129.</p>
            </xhtmlContent>
        </subsection>
        <subsection type="authorityForMaintenance">
            <xhtmlContent>
                <p>Title 38 U.S.C., Section 2402.</p>
            </xhtmlContent>
        </subsection>
        <subsection type="purpose">
            <xhtmlContent>
                <p>The purpose for which the records are used will include but will not be limited to the provision of VA burial and memorial benefits; provision of information about VA burial and memorial benefits, including specific claims; determination of eligibility for burial in a VA national cemetery; disclosure of military service information upon request from VA-funded State and Tribal Veterans cemeteries; coordination of committal services and interment upon request of families, funeral homes, and others of eligible decedents at VA national cemeteries; investigation of potential bars to benefits for an otherwise eligible individual.  VA will maintain records and information associated with pre-need claims in a recallable system for use at a claimant’s time of death and upon receipt of a request for burial in a VA national cemetery for that claimant.  Data may also be used at an aggregate non-personally identifiable level to track and evaluate memorial and burial benefit initiatives.</p>
            </xhtmlContent>
        </subsection>
        <subsection type="categoriesOfIndividuals">
            <xhtmlContent>
                <p>The records contain information on Veterans, family members of Veterans, Members of the Armed Forces (Servicemembers), family members of Servicemembers, Reservists and Retirees (Active Duty; Reserves; or National Guard), and other VA customers (e.g., attorneys, agents, Veterans Service Organizations, funeral directors, coroners, Missing in America Project (MIAP) volunteers, State and local governmental administrators, in addition to VA authorized users permitted by VA to access VA IT systems (e.g., VA employees,  VA contractors, VA registered volunteers).</p>
            </xhtmlContent>
        </subsection>
        <subsection type="categoriesOfRecords">
            <xhtmlContent>
                <p>Records may include information submitted to VA by means of paper or online forms that respondents can mail or electronically transmit by fax or email for storage and retrieval in VA’s secure filing and IT systems.  Records may contain information, such as demographics and personal identifiers (e.g. names, mailing addresses, email addresses, phone numbers, social security numbers, VA claim numbers and military service numbers); socioeconomic characteristics (e.g., date of birth, place of birth, date of death, gender, marital records; health records; health related information, benefit related information); military service information (e.g., dates of active duty, dates of active duty for training, military service numbers, branch of service including Reserves or National Guard service, locations of service for National Guard, dates  of entry, enlistment, or discharge, type and character of discharge, rank, awards, decorations, and other military history and information).</p>
                <p>Records may also include supporting documentation submitted to identify individuals submitting pre-need applications on behalf of claimants.  Supporting documentation may include, but is not limited to the following items:  VA Form 21-22 (Appointment of Veterans Service Organization as Claimant’s Representative), VA Form 21-22a (Appointment of Individual as Claimant’s Representative) for an Authorized Attorney, or Agent; proof of prior written authorization, such as a durable power of attorney, or an affidavit establishing a caregiver relationship to the claimant (spousal, parent, other relative); and documentation showing the individual as the court-appointed representative authorized to act on behalf of as the claimant. </p>
            </xhtmlContent>
        </subsection>
        <subsection type="recordSourceCategories">
            <xhtmlContent>
                <p>Information in this system of records is provided by Veterans; Veteran beneficiaries; members of the Armed Forces of the United States including Reserves and National Guard and their beneficiaries, as well as other individuals (such as funeral home directors) submitting pre-need eligibility determinations on behalf of claimants; VA employees; other VA authorized users (e.g., Department of Defense), VA IT systems and databases; VA claims records; and official military records IT systems.</p>
            </xhtmlContent>
        </subsection>
        <subsection type="routineUsesOfRecords">
            <xhtmlContent>
                <p>1. VA may disclose information from the record of an individual in response to an inquiry from the congressional office made at the request of that individual.  VA must be able to provide information about individuals to adequately respond to inquiries from Members of Congress at the request of constituents who have sought their assistance.  VA may also disclose information to other Federal, state and local, tribal or foreign government agencies to assists with verifying military service for the purpose of providing a benefit.</p>
                <p>2. VA may, on its own initiative, disclose information from this system 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.</p>
                <p>3. VA may, on its own initiative, disclose information in this system, except the names and home addresses of veterans and their dependents, which is relevant to a suspected 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, 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.  On its own initiative, VA may also disclose 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, rule or order issued pursuant thereto.</p>
                <p>4. 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 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 that is compatible with the purpose for which VA collected the records.</p>
                <p>5. VA may disclose information from this system of records to individuals, U. S. Military Service Departments, organizations, private or public agencies, or other entities or individuals with whom VA has a contract or agreement to perform such services as VA may deem practicable for the purposes of laws administered by VA, in order for the contractor, subcontractor, public or private agency, or other entity or individual with whom VA has a contract or agreement to perform services under the contract or agreement.</p>
                <p>6. VA may disclose information from this system to the Equal Employment Opportunity Commission (EEOC) when requested 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 or regulation.</p>
                <p>7. VA may disclose information from this system to the Federal Labor Relations Authority (FLRA), including its General Counsel, information related to the establishment of jurisdiction, investigation, and resolution of allegations of unfair labor practices, or in connection with the resolution of exceptions to arbitration awards when a question of material fact is raised; for it to address matters properly before the Federal Services Impasses Panel, investigate representation petitions, and conduct or supervise representation elections.</p>
                <p>8. VA may disclose information from this system to the Merit Systems Protection Board (MSPB), or 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 authorized by law.</p>
                <p>9. VA may disclose information from this system to the National Archives and Records Administration (NARA) and General Services Administration (GSA) in records management inspections conducted under title 44, U.S.C.</p>
                <p>10. VA may disclose information from this system of records upon request from funeral homes participating in NCA committal services, burials, and other memorial services, family members in need of military service documentation related to a pre-need claim, and VA-funded State and Tribal Veteran cemeteries seeking military service documentation.</p>
                </xhtmlContent>
    </subsection>
        <subsection type="policiesAndPractices">
            <xhtmlContent>
                <p>Records in this system are maintained in paper and electronic formats in the NCA National Cemetery Scheduling Office.  Records are maintained on electronic storage media including magnetic tape, disk, and laser optical media.</p>
            </xhtmlContent>
        </subsection>
        <subsection type="retrievability">
            <xhtmlContent>
                <p> Information is retrievable by the use of name only; name and one or more numbers (service or social security); name and one or more criteria (e.g., date of birth or dates of service); VA claim number; or other VA or NCA assigned identifier.</p>
            </xhtmlContent>
        </subsection>
        <subsection type="retentionAndDisposal">
            <xhtmlContent>
                <p>Records are retained in accordance with records retention standards approved by the Archivist of the United States, the National Archives and Records Administration, and published in the Agency Records Control Schedules.  Paper records are destroyed by shredding at the time of disposition, and automated storage media is retained and disposed of in accordance with disposition authorization approved by the Archivist of the United States.</p>
                    </xhtmlContent>
        </subsection>
        <subsection type="safeguards">
            <xhtmlContent>
                <p>Information in the system is protected from unauthorized access through administrative, physical, and technical safeguards.  Access to the hard copy and computerized information is restricted to authorized VA employees and VA contractors by means of PIV card and PIN, and/or passwords.  Information security officers and system data stewards review and authorize data access requests.  VA regulates data access with security software that authenticates users and requires individually unique codes and passwords.  VA requires information security training for all staff and instructs staff on the responsibility each person has for safeguarding data confidentiality.  Hard copy records are maintained in offices that are restricted by cypher locks during work hours, and locked after duty hours with security camera surveillance of the office area and facility.</p>
            </xhtmlContent>
        </subsection>
        <subsection type="systemManager">
            <xhtmlContent>
                <p>The Official maintaining this system of records and responsible for policies and procedures is the Director (41A1), National Cemetery Scheduling Office, Suite 200, 4850 Lemay Ferry Road, St. Louis, MO 63129.</p>
            </xhtmlContent>
        </subsection>
        <subsection type="recordAccessProcedures">
            <xhtmlContent>
                <p>Individuals seeing information regarding access to and contesting of records in this system may write or call the NCA Privacy Officer, (43D), National Cemetery Administration, 810 Vermont Avenue N.W., Washington, DC 20420</p>
            </xhtmlContent>
        </subsection>
        <subsection type="contestingRecordProcedures">
            <xhtmlContent>
                <p>See Record Access Procedures above.</p>
            </xhtmlContent>
        </subsection>
        <subsection type="notificationProcedure">
            <xhtmlContent>
                <p>Individuals who wish to determine whether this system of records contains information about them should contact the NCA Privacy Officer (43D), National Cemetery Administration, 810 Vermont Avenue N.W., Washington, DC 20420.  Inquiries should include as much of the following information to identify the record:  individual’s full name, social security number, individual’s return address.</p>
            </xhtmlContent>
        </subsection>
        <subsection type="exemptionsClaimed">
            <xhtmlContent>
                <p>None.</p>
            </xhtmlContent>
        </subsection>
    </section>



    <appendix id="app" letter="A" toc="yes">
	<title/>
	<xhtmlContent>
	<table>
<tr>
<th scope="col">Database name</th>
<th scope="col">Location</th></tr>


<tr><td>Corporate Data Warehouse</td>	<td>Austin Information Technology Center, 1615 Woodward Street, Austin, TX 78772.
Regional Data Warehouses (RDW)	Region 1 Data Warehouse, Herakles Data Center, 1100 North Market Blvd, Sacramento, CA 95834.</td></tr>
<tr><td>Region 2 Data Warehouse</td><td>Little Rock VA Medical Center, IRM/Bldg 102, 2200 Ft. Roots Drive, North Little Rock, AR 72114.</td></tr>
<tr><td>Region 3 Data Warehouse</td>	<td>Durham VAMC, 508 Fulton Street, Durham, NC 27705.</td></tr>
<tr><td>Region 4 Data Warehouse</td>	<td>Sungard Availability Services, 401 N. Broad Street, Suite 11.803, Philadelphia, PA 19108.</td></tr>
<tr><td>Veterans Informatics, Information and Computing Infrastructure (VINCI)</td><td>Austin Information Technology Center 1615 Woodward Street Austin, TX 78772.</td></tr></table>
</xhtmlContent></appendix>	
	
	<appendix id="app1" toc="yes">
<title> VA Appendix 1: VA Regional Offices with Fiduciary Activity</title>
<xhtmlContent>
<p>Please send address and telephone number corrections to:</p>
<p>Department of Veterans Affairs,</p>
<p>Pension and Fiduciary Service (21PF),</p>
<p>810 Vermont Avenue, NW.,</p>
<p>Washington, DC  20420.</p>


<p><i>Columbia Fiduciary Hub</i></p>
<p>Jurisdiction for Florida, Georgia, North Carolina, South Carolina</p>
<p>Office/Mail:  6437 Garners Ferry Road, Columbia, SC  29209</p>
<p>Phone:  1-888-407-0144; press #1</p>

<p><i>Indianapolis Fiduciary Hub</i></p>
<p>Jurisdiction for Asia, Australia, Canada, Connecticut, Delaware, Europe, Indiana, Maine,</p>
<p>Maryland, Massachusetts, Michigan, New Hampshire, New Jersey, New York, Ohio,</p>
<p>Pennsylvania, Rhode Island, Vermont</p>
<p>Office/Mail:  575 North Pennsylvania Street, Indianapolis, IN  46204</p>
<p>Phone:  1-888-407-0144; press #2</p>
<p><i>Lincoln Fiduciary Hub</i></p>
<p>Jurisdiction for Central America, Kansas, Mexico, Nebraska, North Dakota, Oklahoma,</p>
<p>South America, South Dakota, Texas</p>
<p>Office:  3800 Village Drive, Lincoln, NE 68501</p>
<p>Mail: P.O. Box 5444, Lincoln, NE 68505</p>
<p>Phone: 1-888-407-0144; press #3</p>
<p><i>Louisville Fiduciary Hub</i></p>
<p>Jurisdiction for Alabama, Kentucky, Mississippi, Tennessee, Puerto Rico, Virginia,</p>
<p>Washington, DC, West Virginia</p>
<p>Office:  321 West Main Street, Suite 390, Louisville, KY 40202</p>
<p>Mail:  P.O. Box 3487, Louisville, KY 40201</p>
<p>Phone:  1-888-407-0144; press #4</p>
<p><i>Manila Regional Office</i></p>

<p>Jurisdiction for Philippines</p>

<p>Office:  U.S. Embassy, 1501 Roxas Boulevard, Pasay City, Philippines, 1302</p>

<p>Mail:  PSC 501, DPO AP 96515</p>


<p><i>Milwaukee Fiduciary Hub</i></p>

<p>Jurisdiction for Arkansas, Illinois, Iowa, Louisiana, Minnesota, Missouri, Wisconsin</p>

<p>Office: 5400 West National Avenue, Milwaukee, WI 53214</p>

<p>Mail:  P.O. Box 14975, Milwaukee, WI 53214</p>

<p>Phone:  1-888-407-0144; press #5</p>


<p><i>Salt Lake City Fiduciary Hub</i></p>

<p>Jurisdiction for Alaska, Arizona, California, Colorado, Hawaii, Idaho, Montana, New</p>
<p>Mexico, Nevada, Oregon, Utah, Washington, Wyoming</p>

<p>Office:  500 Foothill Drive, Salt Lake City, UT 84158</p>

<p>Mail:  P.O. Box 58086, Salt Lake City, UT  84158</p>

<p>Phone:  1-888-407-0144; press #6

</p></xhtmlContent></appendix>

<appendix id="app3" toc="yes">
<title> Appendix 3: Automated Medication Processing Facilities </title>
<xhtmlContent><p>(Alphabetical by State and Facility With Outpatient Clinic Substations Listed Below Their
Associated Medical Center)
</p><p>VA Medical Center, 700 South 19th Street, Birmingham, Alabama 35233
</p><p>VA Medical Center, 215 Perry Hill Road, Montgomery, Alabama 36109
</p><p>VA Outpatient Clinic Substation, 2451 Fillingim Street, Mobile, Alabama 36617 (MAIL: VAMC Biloxi,
MS 39531)
</p><p>VA Medical Center, Tuscaloosa, Alabama 35404
</p><p>VA Medical Center, Tuskegee, Alabama 36083
</p><p>VA Medical Center, 2615 East Clinton Avenue, Fresno, California 93703
</p><p>VA Medical Center, Livermore, California 94550
</p><p>VA Medical Center, 11201 Benton Street, Jerry L. Pettis Mem. Vets. Hosp., Loma Linda, California
92357
</p><p>VA Medical Center, 5901 East Seventh Street, Long Beach, California 90822
</p><p>VA Medical Center, 11301 Wilshire Blvd., West Los Angeles (Brentwood), California 90073
</p><p>VA Medical Center, West Los Angeles (Wadsworth), California 90073
</p><p>Veterans Administration Outpatient Clinic, PO Box 6863, 315 Camiro Del Remedio, 691 A-OC,
Santa Barbara, California 93105
</p><p>VA Regional Pharmacy, Mail-Out Service Bldg. 222, W. Los Angeles, California 90073
</p><p>VA Outpatient Clinic, 425 South Hill Street, Los Angeles, California 90013
</p><p>VA Medical Center, 150 Muir Road, Martinez, California 94553
</p><p>VA Outpatient Clinic Substation, 1515 Clay Street, Oakland, California 94612
</p><p>VA Outpatient Clinic Substation, 4600 Broadway, Sacramento, California 95820
</p><p>VA Medical Center, 3801 Miranda Avenue, Palo Alto, California 94304
</p><p>VA Medical Center, 3350 La Jolla Village Drive, San Diego, California 92161
</p><p>VA Outpatient Clinic Medical Center, 2022 Camino Del Rio North, San Diego, California 92108
</p><p>VA Medical Center, 4150 Clement Street, San Francisco, California 94121
</p><p>VA Medical Center, Sepulveda, California 91343
</p><p>VA Medical Center, 1055 Clemont Street, Denver, Colorado 80220
</p><p>VA Medical Center, Fort Lyon, Colorado 81038
</p><p>VA Medical Center, Grand Junction, Colorado 81501
</p><p>VA Medical Center, 55 Willard Avenue, Newington, Connecticut 06111
</p><p>VA Medical Center, West Spring Street, West Haven, Connecticut 06516
</p><p>VA Medical Center, 50 Irving Street, NW, Washington, DC 20422
</p><p>VA Medical Center, Bay Pines, Florida 33504
</p><p>VA Outpatient Clinic Medical Center, PO Box 13594, St. Petersburg, Florida 33733
</p><p>VA Medical Center, Archer Road, Gainesville, Florida 32602
</p><p>VA Outpatient Clinic Substation, 1833 Blvd., Jacksonville, Florida 32206
</p><p>VA Medical Center, Lake City, Florida 32055
</p><p>VA Medical Center, 1201 Northwest 16th Street, Miami, Florida 33125
</p><p>VA Outpatient Clinic Substation, Port of Palm Beach, Executive Plaza, 301 Broadway, Riveria
Beach, Florida 33404
</p><p>VA Medical Center, 13000 North 30th Street, James A. Haley Veterans Medical Center, Tampa,
Florida 33612
</p><p>VA Outpatient Clinic Substation, 2070 Carrell Road, Fort Myers, Florida 33901
</p><p>VA Outpatient Clinic Substation, 83 West Columbia Street, Orlando, Florida 32806
</p><p>VA Medical Center, 2460 Wrightsboro Rd., Augusta, Georgia 30910
</p><p>VA Medical Center, Atlanta, 1670 Clairmont Road, Decatur, Georgia 30033
</p><p>VA Medical Center, Dublin, Georgia 31021
</p><p>VA Medical Center, Fifth and Fort Streets, Boise, Idaho 83702
</p><p>VA Medical Center, 333 East Huron Street, Chicago (Lakeside), Illinois 60611
</p><p>VA Medical Center, 820 South Damen Avenue, Chicago (West Side), Illinois 60680
</p><p>VA Medical Center, North Chicago, Illinois 60064
</p><p>VA Medical Center, Edward Hines Jr. Medical Center, Hines, Illinois, 60141
</p><p>VA Medical Center, 30th &amp; Euclid Avenue, Des Moines, Iowa 50310
</p><p>VA Medical Center, Iowa City, Iowa 52240
</p><p>VA Medical Center, Knoxville, Iowa 50138
</p><p>VA Medical Center, Lexington, Kentucky 40507
</p><p>VA Medical Center, 800 Zorn Avenue, Louisville, Kentucky 40202
</p><p>VA Medical and Regional Office Center, Togus, Maine 04330
</p><p>VA Medical Center, 3900 Loch Raven Blvd., Baltimore, Maryland 21218
</p><p>VA Outpatient Clinic, Federal Bldg., 31 Hopkins Plaza, Baltimore, Maryland 21201
</p><p>VA Medical Center, Fort Howard, Maryland 21052
</p><p>VA Medical Center, Perry Point, Maryland 21902
</p><p>VA Medical Center, 200 Springs Road, Edith Nourse Rogers Veterans Medical Center, Bedford,
Massachusetts 01730
</p><p>VA Medical Center, 150 South Huntington Avenue, Boston, Massachusetts 02130
</p><p>VA Outpatient Clinic Substation, 50 Kearney Square, Lowell, Massachusetts 01852
</p><p>VA Outpatient Clinic, 17 Court Street, Boston, Massachusetts 02108
</p><p>VA Medical Center, Brockton, Massachusetts 02401
</p><p>VA Medical Center, Northampton, Massachusetts 01060
</p><p>VA Outpatient Clinic Substation, 101 State Street, Springfield, Massachusetts 01103
</p><p>VA Medical Center, 1400 Veterans of Foreign Wars Parkway, West Roxbury, Massachusetts 02132
</p><p>VA Outpatient Clinic Substation, Federal Building, 575 Main Street, Worcester, Massachusetts
01608
</p><p>VA Medical Center, Allen Park, Michigan 48101
</p><p>VA Medical Center, 2215 Fuller Road, Ann Arbor, Michigan 48105
</p><p>VA Outpatient Clinic Substation, 3333 Glendale Avenue, Toledo, Ohio 43614
</p><p>VA Medical Center, Battle Creek, Michigan 49016
</p><p>VA Outpatient Clinic Substation, 260 Jefferson St. SE, Grand Rapids, Michigan 49502
</p><p>VA Medical Center, Iron Mountain, Michigan 49801
</p><p>VA Medical Center, 1500 Weiss Street, Saginaw, Michigan 38602
</p><p>VA Medical Center, 54th Street &amp; 48th Avenue South, Minneapolis, Minnesota 55417
</p><p>VA Outpatient Clinic, Fort Snelling, St. Paul, Minnesota 55111
</p><p>VA Medical Center, St. Cloud, Minnesota 56301
</p><p>VA Medical Center, Biloxi Division, Biloxi, Mississippi 39531
</p><p>VA Medical Center, Gulfport Division, Biloxi, Mississippi 39531
</p><p>VA Medical Center and Domiciliary, 1500 East Woodrow Wilson Drive, Jackson, Mississippi 39216
</p><p>VA Medical and Regional Office Center, Fort Harrison, Montana 59636
</p><p>VA Medical Center, Miles City, Montana 59301
</p><p>VA Medical Center, Grand Island, Nebraska 68801
</p><p>VA Medical Center, 600 South 70th Street, Lincoln, Nebraska 68510
</p><p>VA Medical Center, 4101 Woolworth Avenue, Omaha, Nebraska 68105
</p><p>VA Medical Center, 1000 Locust Street, Reno, Nevada 89520
</p><p>VA Outpatient Clinic, 1703 West Charleston Blvd., Las Vegas, Nevada 89102
</p><p>VA Medical Center, 718 Symth Road, Manchester, New Hampshire 03104
</p><p>VA Medical Center, 130 West Kingsbridge Road, Bronx, New York 10468
</p><p>VA Medical Center, 800 Poly Place, Brooklyn, New York 11209
</p><p>VA Medical Center, Castle Point, New York 12511
</p><p>VA Medical Center, Franklin Delano Roosevelt Medical Center, Montrose, New York 10548
</p><p>VA Medical Center, First Avenue At East 24th Street, New York, New York 10010
</p><p>VA Outpatient Clinic, 252 Seventh Avenue, New York, New York 10001
</p><p>VA Medical Center, Northport, New York 11768
</p><p>VA Medical and Regional Office Center, 655 First Avenue, North Fargo, North Dakota 58102
</p><p>VA Regional Office, Federal Bldg., 125 South Main Street, Muskogee, Oklahoma 74401
</p><p>VA Outpatient Clinic Substation, 635 West 11th Street, Tulsa, Oklahoma 74101
</p><p>VA Medical Center, 921 Northeast 13th Street, Oklahoma City, Oklahoma 73104
</p><p>VA Medical Center, 3710 SW U.S. Veterans Medical Center Road, Portland, Oregon 97207
</p><p>VA Outpatient Clinic, 426 SW Stark Street, Portland, Oregon 97204
</p><p>VA Medical Center, Roseburg, Oregon 97470
</p><p>VA Domiciliary, White City, Oregon 97501
</p><p>VA Medical Center, Barrio Monacillos, Rio Piedras, Puerto Rico 00921
</p><p>VA Center, U.S. Courthouse and Federal Bldg., Carlos E. Chardon Avenue, Hato Rey, Puerto Rico
00918
</p><p>VA Outpatient Clinic, Substation, Calle Isable No. 60, Ponce, Puerto Rico 00731
</p><p>VA Medical and Regional Office Center Box 4867, San Juan, Puerto Rico 00936
</p><p>VA Outpatient Clinic Substation, Road Number 2, Mayaguez, Puerto Rico 00708
</p><p>VA Medical Center, Davis Park, Providence, Rhode Island 02908
</p><p>VA Outpatient Clinic Substation, 53 North Sixth Street, New Bedford, Massachusetts 02740
</p><p>VA Medical Center, 109 Bee Street, Charleston, South Carolina 29403
</p><p>VA Medical Center, 1801 Assembly St., Columbia, South Carolina 29201
</p><p>VA Outpatient Clinic Substation, Piedmont East Bldg., 37 Villa Road, Greenville, South Carolina
29607
</p><p>VA Medical Center, Fort Meade, South Dakota 57741
</p><p>VA Medical Center, Hot Springs, South Dakota 57747
</p><p>VA Medical Center, 2501 West 22nd Street, Sioux Falls, South Dakota 57101
</p><p>VA Medical Center, 1030 Jefferson Avenue, Memphis, Tennessee 38104
</p><p>VA Medical Center, Murfreesboro, Tennessee 37130
</p><p>VA Medical Center, 1310 24th Avenue, South, Nashville, Tennessee 37203
</p><p>VA Outpatient Clinic Substation, Bldg. 6200, Eastgate Center, Chattanooga, Tennessee 37411
</p><p>VA Outpatient Clinic Substation, 9047 Executive Park Drive, Suite 100, Knoxville, Tennessee 37919
</p><p>VA Medical Center, Sam Rayburn Memorial Veterans Center, Bonham, Texas 75418
</p><p>VA Medical Center, 4500 South Lancaster Road, Dallas, Texas 75216
</p><p>VA Medical Center, 2002 Holcombe Blvd., Houston, Texas 77211
</p><p>VA Outpatient Clinic Substation, 3385 Fannin Street, Beaumont, Texas 77701
</p><p>VA Medical Center, Kerrville, Texas 78028
</p><p>VA Medical Center, Marlin, Texas 76661
</p><p>VA Medical Center, 7400 Merton Minter Blvd., Audie L. Murphy Memorial Veterans Medical Center,
San Antonio, Texas 78284
</p><p>VA Outpatient Clinic Substation, 307 Dwyer Avenue, San Antonio, Texas 78285
</p><p>VA Outpatient Clinic Substation, 1502 South Brownlee Blvd., Corpus Christi, Texas 78404
</p><p>VA Outpatient Clinic Substation, 1220 Jackson Avenue, McAllen, Texas 78501
</p><p>VA Medical Center, Olin E. Teague Veterans' Center, Temple, Texas 76501
</p><p>VA Medical Center, Memorial Drive, Waco, Texas 76703
</p><p>VA Outpatient Clinic, 1400 North Valley Mills Drive, Waco, Texas 76799
</p><p>VA Medical Center, 500 Foothill Boulevard, Salt Lake City, Utah 84148
</p><p>VA Medical and Regional Office Center, White River Junction, Vermont 05001
</p><p>VA Medical Center, Hampton, Virginia 23667
</p><p>VA Medical Center, 1201 Broad Rock Road, Richmond, Virginia 23249
</p><p>VA Medical Center, Salem, Virginia 24153
</p><p>VA Medical Center, American Lake, Tacoma, Washington 98493
</p><p>VA Medical Center, 4435 Beacon Avenue, South, Seattle, Washington 98108
</p><p>VA Medical Center, North 4815 Assembly Street, Spokane, Washington, 99208
</p><p>VA Medical Center, Vancouver, Washington 98661
</p><p>VA Medical Center, 77 Wainwright Drive, Walla Walla, Washington 99362
</p><p>VA Medical Center, 200 Veterans Avenue, Beckley, West Virginia 25801
</p><p>VA Medical Center, 1540 Spring Valley Drive, Huntington, West Virginia 25704
</p><p>VA Medical Center, Martinsburg, West Virginia 25401
</p><p>VA Medical Center, 2500 Overlook Terrace, William S. Middleton Memorial Veterans Medical Center,
Madison, Wisconsin 53705
</p><p>VA Medical Center, 5000 West National Avenue, Wood, Wisconsin 53193
</p><p>VA Medical Center, Tomah, Wisconsin 54660
</p><p>VA Medical and Regional Office Center, 2360 East Pershing Blvd., Cheyenne, Wyoming 82001
</p></xhtmlContent></appendix>

<appendix id="app4" toc="yes">
<title>Appendix 4: Patient Database Locations </title>
<xhtmlContent>
	<table>
		<tr><th scope="col">Database name</th>
<th scope="col">Location"></th></tr>

<tr><td>Addiction Severity Index (ASI)</td><td>Veteran Affairs Medical Center, 7180 Highland Drive, Pittsburgh, PA 15206.</td></tr>
<tr><td>Bidirectional Health Information Exchange (BHIE)</td><td>SunGard, 1500 Spring Garden Street, Philadelphia, PA 19130.</td></tr>
<tr><td>VA Clinical Assessment Reporting and Tracking (CART) Program</td><td>Denver VA Medical Center, 1055 Clermont Street, Denver, CO 80220.</td></tr>
<tr><td>Care Management Information System</td><td>Veterans Affairs Medical Center, University and Woodland Aves., Philadelphia, PA 19104.</td></tr>
<tr><td>Consolidated Mail Outpatient Pharmacy (CMOP) Centralized Database System</td><td>Southwest CMOP, 3675 East Britannia Drive, Tucson, AZ 85706.</td></tr>
<tr><td>Continuous Improvement in Cardiac Surgery (CICSP)</td><td>Veteran Affairs Medical Center, 820 Clermont Street, Denver, CO 80220.</td></tr>
<tr><td>Converged Registries (CR) Solution</td><td>Austin Information Technology Center, 1615 Woodward Street, Austin, TX 78772.</td></tr>
<tr><td>Cruetzfelet-Jakob Disease Lookback Dataset (CJDLD)</td><td>Cincinnati VA Medical Center, 3200 Vine Street, Cincinnati, OH 45220.</td></tr>
<tr><td>Decision Support System</td><td>Austin Information Technology Center, 1615 Woodward Street, Austin, TX 78772.</td></tr><tr><td>Dental Encounter System (DES)</td><td>Austin Information Technology Center, 1615 Woodward Street, Austin, TX 78772.</td></tr>
<tr><td>Eastern Pacemaker Surveillance Center Database</td><td>Veteran Affairs Medical Center, 50 Irving Street, NW Washington, DC 20422.</td></tr><tr><td>Emerging Pathogens Initiative (EPI)</td><td>Austin Information Technology Center, 1615 Woodward Street, Austin, TX 78772.</td></tr><tr><td>Federal Health Information Exchange (FHIE)</td><td>SunGard, 1500 Spring Garden Street, Philadelphia, PA 19130.</td></tr><tr><td>Financial Clinical Data Mart (FCDM)</td><td>Austin Information Technology Center, 1615 Woodward Street, Austin, TX 78772.</td></tr><tr><td>Former Prisoner of War Statistical Tracking System</td><td>Austin Information Technology Center, 1615 Woodward Street, Austin, TX 78772.</td></tr><tr><td>Functional Status and Outcome Database (FSOC)</td><td>Austin Information Technology Center, 1615 Woodward Street, Austin, TX 78772.</td></tr><tr><td>Healthcare Associated Infections &amp;, Influenza Surveillance System (HAIISS) Data Warehouse</td><td>Veteran Affairs Medical Center, 3801 Miranda Avenue, Palo Alto, CA 94304.</td></tr><tr><td>Home Based Primary Care (HBC)</td><td>Austin Information Technology Center, 1615 Woodward Street, Austin, TX 78772.</td></tr><tr><td>Homeless Operational Management &amp;, Evaluation System (HOMES)</td><td>Austin Information Technology Center, 1615 Woodward Street, Austin, Texas 78772.</td></tr><tr><td>Homeless Veterans Registry</td><td>Austin Information Technology Center, 1615 Woodward Street, Austin, TX 78772.</td></tr><tr><td>Interagency Care Coordination Committee's Community of Practice Co-Lab</td><td>5450 Carlisle Pike, Mechanicsburg, PA 17050.</td></tr><tr><td>Injury Data Store</td><td>Austin Information Technology Center, 1615 Woodward Street, Austin, TX 78772.</td></tr><tr><td>Mammography Quality Standards (MQS) VA</td><td>Veteran Affairs Medical Center, 508 Fulton Street, Durham, NC 27705.</td></tr><tr><td>Master Veteran Index</td><td>Austin Information Technology Center, 1615 Woodward Street, Austin, TX 78772.</td></tr><tr><td>Medical SAS File (MDP) (Medical District Planning (MEDIPRO))</td><td>Austin Information Technology Center, 1615 Woodward Street, Austin, TX 78772.</td></tr><tr><td>Missing Patient Register (MPR)</td><td>Austin Information Technology Center, 1615 Woodward Street, Austin, TX 78772.</td></tr><tr><td>National Mental Health Database System (NMHDS)</td><td>Veteran Affairs Medical Center, 7180 Highland Drive, Pittsburgh, PA 15206.</td></tr><tr><td>National Medical Information System (NMIS)</td><td>Austin Information Technology Center, 1615 Woodward Street, Austin, TX 78772.</td></tr><tr><td>National Survey of Veterans (NSV)</td><td>Austin Information Technology Center, 1615 Woodward Street, Austin, TX 78772.</td></tr><tr><td>Office of Quality and Performance (OQP)</td><td>OQP Data Center, 601 Keystone Park Dr. Suite 800, Morrisville, NC 27560.</td></tr><tr><td>Parkinson's Disease Research, Education, and Clinical Centers Registry (PADRECC)</td><td>Veterans Affairs Medical Center, 4150 Clement St., San Francisco,, CA 94121.</td></tr><tr><td>Patient Assessment File (PAF)</td><td>Austin Information Technology Center, 1615 Woodward Street, Austin, TX 78772.</td></tr><tr><td>Pharmacy Benefits Management (PBM)</td><td>Veterans Affairs Medical Center, 5th Avenue and Roosevelt Road, Hines, IL 60141.</td></tr><tr><td>Radiation Exposure Inquiries Database</td><td>Office of Information Field Office, 1335 East/West Hwy., Silver Spring, MD 20910.</td></tr><tr><td>Remote Order Entry System (ROES)</td><td>Denver Distribution Center, 155 Van Gordon Street, Lakewood, CO 80228-1709.</td></tr><tr><td>Resident Assessment Instrument/Minimum Data Set (RAI/MDS)</td><td>Austin Information Technology Center, 1615 Woodward Street, Austin, TX 78772.</td></tr><tr><td>Short Form Health Survey for Veterans (SF-36V)</td><td>Veterans Affairs Medical Center, 200 Springs Rd., Bedford, MA 01730.</td></tr><tr><td>VA National Clozapine Registry (NCCC)</td><td>Veteran Affairs Medical Center, 4500 South Lancaster Road, Dallas, TX 75216.</td></tr><tr><td>VA Polytrauma Rehabilitation Center/Traumatic Brain Injury (TBI) Model System Database</td><td>Craig Hospital, 3425 S. Clarkson St., Englewood, CO 80113.</td></tr><tr><td>VA Vital Status File (VSF)</td><td>Austin Information Technology Center, 1615 Woodward Street, Austin, TX 78772.</td></tr><tr><td>Veterans Administration Central Cancer Registry (VACCR)</td><td>Veteran Affairs Medical Center, 50 Irving Street, NW, Washington, DC 20422.
</td></tr>
</table>
</xhtmlContent></appendix>

<appendix id="app5" toc="yes">
<title> VA Appendix 5: Primary and Secondary VA Recipient Sites of CMS Data </title>
<xhtmlContent>
<p>1.  VA Medicare and Medicaid Analysis</p>
<p>    Center, field unit of the Office of the</p>
<p>    Assistant Deputy Under Secretary for Health</p>
<p>    (ADUSH) for Policy and Planning, 100</p>
<p>    Grandview Rd., Suite 114, Braintree, MA</p>
<p>    02184. </p>
<p>2.   VA/CMS Data for Research Project </p><p>
      VA Information Resource Center (151V) </p><p>
      Hines VA Hospital (578)</p><p>
      5000 South 5th Avenue </p><p>
      Building 18</p>
<p>      Hines, IL 60141-3030</p>
<p>3. Office of the Assistant Deputy Under</p>
<p>    Secretary for Health (ADUSH) for Policy and</p>
<p>    Planning, 810 Vermont Avenue, NW.,</p>
<p>    Washington, DC 20420</p>
<p>4. Austin Information Technology Center,</p>
<p>    1615 Woodward Street, Austin, TX 78772.</p>
<p>5. VA facilities.
</p></xhtmlContent></appendix>
<previousPubs id="systems" toc="yes">
<title>Systems of Records Published Between January 2, 2016 and December 31, 2017</title>
</previousPubs>

<regulations id="reg" toc="yes">
<regulationsTitle number="38">
<heading> Pensions, Bonuses, and Veterans' Relief </heading>
<regulationsChapter number="I">
<heading> Department of Veterans Affairs </heading>
<regulationsPart number="1">
<heading> GENERAL PROVISIONS </heading>
<xhtmlContent>
<p><b>Safeguarding Personal Information in Department of Veterans Affairs Records</b></p>
<p>Sec.
</p>
<p>1.575 Social security numbers in veterans' benefits matters.
</p>
<p>1.576 General policies, conditions of disclosure, accounting of certain disclosures, and
definitions.
</p>
<p>1.577 Access to records.
</p>
<p>1.578 [Reserved]
</p>
<p>1.579 Amendment of records.
</p>
<p>1.580 Administrative review.
</p>
<p>1.581 [Reserved]
</p>
<p>1.582 Exemptions.
</p>
<p>1.583-1.584 [Reserved]
</p>
<p><b>Authority:</b> 38 U.S.C. 501(a), and as noted in specific sections.
</p>
<p><b>Editorial Note:</b></p>
<p>Nomenclature changes to part 1 appear at 61 FR 7216, Feb. 27, 1996; 62
FR 35970, July 3, 1997; and 62 FR 47532, Sept. 9, 1997.</p>
<p><b>Department of Veterans Affairs Official Seal and Distinguishing Flag
</b></p>
<p><b>&#167; 1.9
 Description, use, and display of VA seal and flag.
</b></p>
<p>(a) <i>General.</i> This section describes the official seal and distinguishing flag of the
of the Department of Veterans Affairs, and prescribes the rules for their custody and use.
</p>
<p>(b) <i>Definitions.</i> (1) <i>VA</i> means all organizational units of the Department of
Veterans Affairs.
</p>
<p>(2) <i>Embossed seal</i> means an image of the official seal made on paper or other medium by
using an embosser with a negative and positive die to create a raised impression.
</p>
<p>(3) <i>Official seal</i> means the original(s) of the VA seal showing the exact form, content,
and colors thereof.
</p>
<p>(4) <i>Replica</i> means a copy of the official seal displaying the identical form, content, and
colors thereof.
</p>
<p>(5) <i>Reproduction</i> means a copy of the official seal displaying the identical form and
content, reproduced in only one color.
</p>
<p>(6) <i>Secretary</i> means the Secretary of Veterans Affairs.
</p>
<p>(7) <i>Deputy Secretary</i> means the Deputy Secretary of Veterans Affairs.
</p>
<p>(c) <i>Custody of official seal and distinguishing flags.</i> The Secretary or designee shall:
</p>
<p>(1) Have custody of:
</p>
<p>(i) The official seal and prototypes thereof, and masters, molds, dies, and other means of
producing replicas, reproductions, and embossing seals and
</p>
<p>(ii) Production, inventory, and loan records relating to items specified in paragraph (c)(1)(i)
of this section, and
</p>
<p>(2) Have custody of distinguishing flags, and be responsible for production, inventory, and loan
records thereof.
</p>
<p>(d) <i>Official Seal</i>--(1) <i>Description of official seal.</i> The Department of
Veterans Affairs prescribes as its official seal, of which judicial notice shall be taken pursuant
to 38 U.S.C. 302, the imprint illustrated below:</p>
<p>[seal]</p>
<p>(i) The official seal includes an American eagle clutching a cord in its talons. The cord binds a
13-star U.S. flag and a 50-star U.S. flag. In the field over the eagle is a pentagon formation of
stars, with one point down. The words Department of Veterans Affairs and United States of America
surround the eagle, stars, and flags. A rope motif makes up the outermost ring of the seal.
</p>
<p>(ii) The eagle represents the eternal vigilance of all our nation's veterans. The stars represent
the five branches of military service. The crossed flags represent our nation's history. The gold
cord that binds the two flags, which is shown clutched in the eagle's talons is symbolic of those
who have fallen in the defense of liberty. Each of the various individual items placed together in
the seal is a salute to the past, present, and future.
</p>
<p>(iii) The colors used in the configuration are gold, brown, blue, white, silver, yellow, black,
and red.
</p>
<p>(iv) The colors are derived from the American flag and from nature. By invoking this symbolism,
the color scheme represents the Nation's commitment to its veterans.
</p>
<p>(2) <i>Use of the official seal, replicas, reproductions, and embossing seals.</i> (i) The
Secretary or designees are authorized to affix replicas, reproductions, and embossed seals to
appropriate documents, certifications, and other material for all purposes as authorized by this
section.
</p>
<p>(ii) Replicas may be used only for:
</p>
<p>(A) Display in or adjacent to VA facilities, in Department auditoriums, presentation rooms,
hearing rooms, lobbies, and public document rooms.
</p>
<p>(B) Offices of senior officials.
</p>
<p>(C) Official VA distinguishing flags, adopted and utilized pursuant to paragraph (e)(2) of this
section.
</p>
<p>(D) Official awards, certificates, medals, and plaques.
</p>
<p>(E) Motion picture film, video tape, and other audiovisual media prepared by or for VA and
attributed thereto.
</p>
<p>(F) Official prestige publications which represent the achievements or mission of VA.
</p>
<p>(G) For other similar official purposes.
</p>
<p>(H) For such other purposes as will tend to advance the aims, purposes and mission of the
Department of Veterans Affairs as determined by the Secretary or Deputy Secretary.
</p>
<p>(iii) Reproductions may be used only on:
</p>
<p>(A) VA letterhead stationery.
</p>
<p>(B) Official VA identification cards and security credentials.
</p>
<p>(C) Business cards for VA employees.
</p>
<p>(D) Official VA signs.
</p>
<p>(E) Official publications or graphics issued by and attributed to VA, or joint statements of VA
with one or more Federal agencies, State or local governments, or foreign governments.
</p>
<p>(F) Official awards, certificates, and medals.
</p>
<p>(G) Motion picture film, video tape, and other audiovisual media prepared by and for VA and
attributed thereto.
</p>
<p>(H) For other similar official purposes.
</p>
<p>(I) For such other purposes as will tend to advance the aims, purposes and mission of the
Department of Veterans Affairs as determined by the Secretary or Deputy Secretary.
</p>
<p>(iv) Use of the official seal and embossed seals:
</p>
<p>(A) Embossed seals may be used only on VA legal documents, including interagency or
intergovernmental agreements with States, foreign patent applications, and similar official
documents.
</p>
<p>(B) The official seal may be used only for those purposes related to the conduct of Departmental
affairs in furtherance of the VA mission.
</p>
<p>(e) <i>Distinguishing flag.</i> (1) Description of distinguishing flag.
</p>
<p>(i) The base or field of the flag shall be blue and a replica of the official seal shall appear
on both sides thereof.
</p>
<p>(ii) A Class 1 flag shall be of nylon banner, measure 4'4" on the hoist by 5'6" on the fly,
exclusive of heading and hems, and be fringed on three edges with nylon fringe, 2 1/2" wide.
</p>
<p>(iii) A Class 2 flag shall be of nylon banner, measure 3' on the hoist by 5' on the fly,
exclusive of heading and hems, and be fringed on three edges with nylon fringe, 2 1/2'' wide.
</p>
<p>(iv) Each flag shall be manufactured in accordance with Department of Veterans Affairs
Specification X-497G. The replica of the official seal shall be screen printed or embroidered
on both sides.
</p>
<p>(2) Use of distinguishing flag. (i) VA distinguishing flags may be used only:
</p>
<p>(A) In the offices of the Secretary, Deputy Secretary, Assistant Secretaries, Deputy Assistant
Secretaries and heads of field locations designated below:
</p>
<p>(<i>1</i>) Regional Offices.
</p>
<p>(<i>2</i>) Medical Centers and Outpatient Clinics.
</p>
<p>(<i>3</i>) Domiciliaries.
</p>
<p>(<i>4</i>) Marketing Centers and Supply Depots.
</p>
<p>(<i>5</i>) Data Processing Centers.
</p>
<p>(<i>6</i>) National Cemetery Offices.
</p>
<p>(<i>7</i>) Other locations as designated by the Deputy Assistant Secretary for Administration.
</p>
<p>(B) At official VA ceremonies.
</p>
<p>(C) In Department auditoriums, official presentation rooms, hearing rooms, lobbies, public
document rooms, and in non-VA facilities in connection with events or displays sponsored by VA, and
public appearances of VA officials.
</p>
<p>(D) On or in front of VA installation buildings.
</p>
<p>(E) Other such official VA purposes or purposes as will tend to advance the aims, purposes and
mission of the Department of Veterans Affairs as determined by the Deputy Assistant Secretary for
Administration.
</p>
<p>(f) <i>Unauthorized uses of the seal and flag.</i> (1) The official seal, replicas,
reproductions, embossed seals, and the distinguished flag shall not be used, except as authorized by
the Secretary or Deputy Secretary, in connection with:
</p>
<p>(i) Contractor-operated facilities.
</p>
<p>(ii) Souvenir or novelty items.
</p>
<p>(iii) Toys or commercial gifts or premiums.
</p>
<p>(iv) Letterhead design, except on official Departmental stationery.
</p>
<p>(v) Matchbook covers, calendars and similar items.
</p>
<p>(vi) Civilian clothing or equipment.
</p>
<p>(vii) Any article which may disparage the seal or flag or reflect unfavorably upon VA.
</p>
<p>(viii) Any manner which implies Departmental endorsement of commercial products or services, or
of the commercial user's policies or activities.
</p>
<p>(2) Penalties for unauthorized use. Any person who uses the distinguishing flag, or the official
seal, replicas, reproductions or embossed seals in a manner inconsistent with this section shall be
subject to the penalty provisions of 18 U.S.C. 506, 701, or 1017, providing penalties for their
wrongful use, as applicable.
</p>
<p>(Authority: 38 U.S.C. 302, 38 U.S.C. 501)
</p>
<p>[55 FR 49518, Nov. 29, 1990]</p>
<p><b>The United States Flag for Burial Purposes
</b></p>
<p><b>&#167; 1.10
 Eligibility for and disposition of the United States flag for burial purposes.
</b></p>
<p>(a) <i>Eligibility for burial flags</i>--(1) <i>Persons eligible.</i> (i) A veteran of
any war, of Mexican border service, or of service after January 31, 1955, discharged or released
from active duty under conditions other than dishonorable. (For the purpose of this section, the
term <i>Mexican border service</i> means active military, naval, or air service during the period
beginning on January 1, 1911, and ending on April 5, 1917, in Mexico, on the borders thereof, or in
the waters adjacent thereto.)
</p>
<p>(ii) A peacetime veteran discharged or released, before June 27, 1950, from the active military,
naval, or air service, under conditions other than dishonorable, after serving at least one
enlistment, or for a disability incurred or aggravated in line of duty.
</p>
<p>(iii) Any person who has died while in military or naval service of the United States after May
27, 1941. This subdivision authorizes and requires the furnishing of a flag only where the military
or naval service does not furnish a flag immediately. The only cases wherein a flag is not supplied
immediately are those of persons whose remains are interred outside the continental limits of the
United States, or whose remains are not recovered or are recovered and not identified.
</p>
<p>(iv) Any person who served in the organized military forces of the Commonwealth of the
Philippines while such forces were in the service of the Armed Forces of the United States pursuant
to the military order of the President of the United States, dated July 26, 1941, including among
such military forces organized guerrilla forces under commanders appointed, designated, or
subsequently recognized by the Commander in Chief, Southwest Pacific Area, or other competent
authority in the Army of the United States, and who dies after separation from such service under
conditions other than dishonorable, on or after April 25, 1951.</p>

<p>(Authority: 38 U.S.C. 107(a))

</p>
<p>(v) Any deceased member or former member of the Selected Reserve (as described in section 10143
of title 10) who is not otherwise eligible for a flag under this section or section 1482(a) of title
10 and who:
</p>
<p>(A) Completed at least one enlistment as a member of the Selected Reserve or, in the case of an
officer, completed the period of initial obligated service as a member of the Selected Reserve;
</p>
<p>(B) Was discharged before completion of the person's initial enlistment as a member of the
Selected Reserve or, in the case of an officer, period of initial obligated service as a member of
the Selected Reserve, for a disability incurred or aggravated in the line of duty; or
</p>
<p>(C) Died while a member of the Selected Reserve.</p>

<p>(Authority: 38 U.S.C. 2301(f)(1))

</p>
<p>(b) <i>Disposition of burial flags.</i> (1) When a flag is actually used to drape the casket of a
deceased veteran, it must be delivered to the next of kin following interment. Where the flag is not
claimed by the next of kin it may be given upon request to a close friend or associate of the
deceased veteran. Such action will constitute final and conclusive determination of rights under
this section. (38 U.S.C. 2301)
</p>
<p>(2) The phrase <i>next of kin</i> for the purpose of disposing of the flag used for burial
purposes is defined as follows, with preference to entitlement in the order listed:
</p>
<p>(i) Widow or widower.
</p>
<p>(ii) Children, according to age (minor child may be issued a flag on application signed by
guardian).
</p>
<p>(iii) Parents, including adoptive, stepparents, and foster parents.
</p>
<p>(iv) Brothers or sisters, including brothers or sisters of the halfblood.
</p>
<p>(v) Uncles or aunts.
</p>
<p>(vi) Nephews or nieces.
</p>
<p>(vii) Others--cousins, grandparents, etc. (but not in-laws).
</p>
<p>(3) The phrase <i>close friend or associate</i> for the purpose of disposing of the burial flag
means any person who because of his or her relationship with the deceased veteran arranged for the
burial or assisted in the burial arrangements. In the absence of a person falling in either of these
categories, any person who establishes by evidence that he or she was a close friend or associate of
the veteran may be furnished the burial flag. Where more than one request for the burial flag is
received and each is accompanied by satisfactory evidence of relationship or association, the head
of the field facility having jurisdiction of the burial flag quota will determine which applicant is
the one most equitably entitled to the burial flag.
</p>
<p>(Authority: 72 Stat. 1114, 1169, as amended; 38 U.S.C. 501, 2301)
</p>
<p>[13 FR 6999, Nov. 27, 1948, as amended at 20 FR 8350, Nov. 8, 1955; 24 FR 10106, Dec. 15, 1959;
31 FR 4959, Mar. 26, 1966; 42 FR 27245, May 27, 1977; 66 FR 27598, May 18, 2001]</p>
<p><b>Quarters for Department of Veterans Affairs Employees Overseas
</b></p>
<p><b>&#167; 1.11
 Quarters for Department of Veterans Affairs employees in Government-owned or -rented
 buildings overseas.
</b></p>
<p>Pursuant to the provisions of 5 U.S.C. 5912, a U.S. citizen employee of the Department of
Veterans Affairs permanently stationed in a foreign country may be furnished, without cost to him or
her, living quarters, including heat, fuel, and light, in a Government-owned or -rented
building. When in the interest of the service and when administratively feasible, an agreement may
be entered into by the Under Secretary for Benefits or designee with another Federal agency, which
is authorized to furnish quarters, to provide such quarters for Department of Veterans Affairs
employees under the provisions of 31 U.S.C. 686. Quarters provided will be in lieu of any living
quarters allowance to which the employee may otherwise be entitled.
</p>
<p>(Authority: 72 Stat. 1114; 38 U.S.C. 501)
</p>
<p>[33 FR 362, Jan. 10, 1968]</p>
<p><b>Program Evaluation
</b></p>
<p><b>&#167; 1.15
 Standards for program evaluation.
</b></p>
<p>(a) The Department of Veterans Affairs will evaluate all programs authorized under title 38
U.S.C. These evaluations will be conducted so as to determine each program's effectiveness in
achieving its stated goals and in achieving such goals in relation to their cost. In addition, these
evaluations will determine each program's impact on related programs and its structure and mechanism
for delivery of services. All programs will be evaluated on a continuing basis and all evaluations
will be conducted by Department of Veterans Affairs staff assigned to an organizational entity other
than those responsible for program administration. These evaluations will be conducted with
sufficient frequency to allow for an assessment of the continued effectiveness of the programs.
</p>
<p>(b) The program evaluation will be designed to determine if the existing program supports the
intent of the law. A program evaluation must identify goals and objectives that support this intent,
contain a method to measure fulfillment of the objectives, ascertain the degree to which goals and
objectives are met, and report the findings and conclusions to Congress, as well as make them
available to the public.
</p>
<p>(c) The goals must be clear, specific, and measurable. To be clear they must be readily
understood, free from doubt or confusion, and specific goals must be explicitly set forth. They must
be measurable by objective means. These means can include use of existing record systems,
observations, and information from other sources.
</p>
<p>(d) All program evaluations require a detailed evaluation plan. The evaluation plan must clearly
state the objectives of the program evaluation, the methodology to be used, resources to be
committed, and a timetable of major phases.
</p>
<p>(e) Each program evaluation must be objective. It must report the accomplishments as well as the
shortcomings of the program in an unbiased way. The program evaluation must have findings that give
decision-makers information which is of a level of detail and importance to enable decisions to be
made affecting either direction or operation. The information in the program evaluation must be
timely, and must contain information of sufficient currency that decisions based on the data in the
evaluation can be made with a high degree of confidence in the data.
</p>
<p>(f) Each program evaluation requires a systematic research design to collect the data necessary
to measure the objectives. This research design should conform to the following:
</p>
<p>(1) <i>Rationale.</i> The research design for each evaluation should contain a specific rationale
and should be structured to determine possible cause and effect relationships.
</p>
<p>(2) <i>Relevancy.</i> It must deal with issues currently existing within the program, within the
Department, and within the environment in which the program operates.
</p>
<p>(3) <i>Validity.</i> The degree of statistical validity should be assessed within the research
design. Alternatives include an assessment of cost of data collection vs. results necessary to
support decisions.
</p>
<p>(4) <i>Reliability.</i> Use of the same research design by others should yield the same findings.
</p>
<p>(g) The final program evaluation report will be reviewed for comments and concurrence by relevant
organizations within the Department of Veterans Affairs, but in no case should this review
unreasonably delay the results of the evaluation. Where disagreement exists, the dissenting
organization's position should be summarized for a decision by the Secretary.
</p>
<p>(h) The final program evaluation report will be forwarded, with approved recommendations, to the
concerned organization. An action plan to accomplish the approved recommendations will be forwarded
for evaluation by the evaluating entity.
</p>
<p>(i) Program evaluation results should be integrated to the maximum extent possible into
Department of Veterans Affairs plans and budget submissions to ensure continuity with other
Department of Veterans Affairs management processes.
</p>
<p>(Authority: 38 U.S.C. 527)
</p>
<p>[47 FR 53735, Nov. 29, 1982, as amended at 54 FR 34980, Aug. 23, 1989]
</p>
<p><b>&#167; 1.17
 Evaluation of studies relating to health effects of dioxin and radiation exposure.
</b></p>
<p>(a) From time to time, the Secretary shall publish evaluations of scientific or medical
studies relating to the adverse health effects of exposure to an herbicide containing 2, 3, 7, 8
tetrachlorodibenzo-p-dioxin (dioxin) and/or exposure to ionizing radiation in the "Notices" section
of the <i>Federal Register.</i>
</p>
<p>(b) Factors to be considered in evaluating scientific studies include:
</p>
<p>(1) Whether the study's findings are statistically significant and replicable.
</p>
<p>(2) Whether the study and its findings have withstood peer review.
</p>
<p>(3) Whether the study methodology has been sufficiently described to permit replication of the
study.
</p>
<p>(4) Whether the study's findings are applicable to the veteran population of interest.
</p>
<p>(5) The views of the appropriate panel of the Scientific Council of the Veterans' Advisory
Committee on Environmental Hazards.
</p>
<p>(c) When the Secretary determines, based on the evaluation of scientific or medical studies and
after receiving the advice of the Veterans' Advisory Committee on Environmental Hazards and applying
the reasonable doubt doctrine as set forth in paragraph (d)(1) of this section, that a significant
statistical association exists between any disease and exposure to an herbicide containing dioxin or
exposure to ionizing radiation, &#167; 3.311a or &#167; 3.311b of this title, as
appropriate, shall be amended to provide guidelines for the establishment of service connection.
</p>
<p>(d)(1) For purposes of paragraph (c) of this section a <i>significant statistical association</i>
shall be deemed to exist when the relative weights of valid positive and negative studies permit the
conclusion that it is at least as likely as not that the purported relationship between a particular
type of exposure and a specific adverse health effect exists.
</p>
<p>(2) For purposes of this paragraph a valid study is one which:
</p>
<p>(i) Has adequately described the study design and methods of data collection, verification and
analysis;
</p>
<p>(ii) Is reasonably free of biases, such as selection, observation and participation biases;
however, if biases exist, the investigator has acknowledged them and so stated the study's
conclusions that the biases do not intrude upon those conclusions; and
</p>
<p>(iii) Has satisfactorily accounted for known confounding factors.
</p>
<p>(3) For purposes of this paragraph a valid positive study is one which satisfies the criteria in
paragraph (d)(2) of this section and whose findings are statistically significant at a probability
level of .05 or less with proper accounting for multiple comparisons and subgroup analyses.
</p>
<p>(4) For purposes of this paragraph a valid negative study is one which satisfies the criteria in
paragraph (d)(2) of this section and has sufficient statistical power to detect an association
between a particular type of exposure and a specific adverse health effect if such an association
were to exist.
</p>
<p>(e) For purposes of assessing the relative weights of valid positive and negative studies, other
studies affecting epidemiological assessments including case series, correlational studies and
studies with insufficient statistical power as well as key mechanistic and animal studies which are
found to have particular relevance to an effect on human organ systems may also be considered.
</p>
<p>(f) Notwithstanding the provisions of paragraph (d) of this section, a <i>significant statistical
association</i> may be deemed to exist between a particular exposure and a specific disease if, in
the Secretary's judgment, scientific and medical evidence on the whole supports such a decision.
</p>
<p>(Authority: 38 U.S.C. 501; Pub. L. 98-542)
</p>
<p>[54 FR 40391, Oct. 2, 1989; 54 FR 46187, Nov. 1, 1989]
</p>
<p><b>&#167; 1.18
 Guidelines for establishing presumptions of service connection for former prisoners of war.
</b></p>
<p>(a) <i>Purpose.</i> The Secretary of Veterans Affairs will establish presumptions of service
connection for former prisoners of war when necessary to prevent denials of benefits in significant
numbers of meritorious claims.
</p>
<p>(b) <i>Standard.</i> The Secretary may establish a presumption of service connection for a
disease when the Secretary finds that there is at least limited/suggestive evidence that an
increased risk of such disease is associated with service involving detention or internment as a
prisoner of war and an association between such detention or internment and the disease is
biologically plausible.
</p>
<p>(1) <i>Definition.</i> The phrase "limited/suggestive evidence" refers to evidence of a sound
scientific or medical nature that is reasonably suggestive of an association between prisoner-of-war
experience and the disease, even though the evidence may be limited because matters such as chance,
bias, and confounding could not be ruled out with confidence or because the relatively small size of
the affected population restricts the data available for study.
</p>
<p>(2) <i>Examples.</i> "Limited/suggestive evidence" may be found where one high-quality study
detects a statistically significant association between the prisoner-of-war experience and disease,
even though other studies may be inconclusive. It also may be satisfied where several smaller
studies detect an association that is consistent in magnitude and direction. These examples are not
exhaustive.
</p>
<p>(c) <i>Duration of detention or internment.</i> In establishing a presumption of service
connection under paragraph (b) of this section, the Secretary may, based on sound scientific or
medical evidence, specify a minimum duration of detention or internment necessary for application of
the presumption.
</p>
<p>(d) <i>Association.</i> The requirement in paragraph (b) of this section that an increased risk
of disease be "associated" with prisoner-of-war service may be satisfied by evidence that
demonstrates either a statistical association or a causal association.
</p>
<p>(e) <i>Evidence.</i> In making determinations under paragraph (b) of this section, the Secretary
will consider, to the extent feasible:
</p>
<p>(1) Evidence regarding the increased incidence of disease in former prisoners of war;
</p>
<p>(2) Evidence regarding the health effects of circumstances or hardships similar to those
experienced by prisoners of war (such as malnutrition, torture, physical abuse, or psychological
stress);
</p>
<p>(3) Evidence regarding the duration of exposure to circumstances or hardships experienced by
prisoners of war that is associated with particular health effects; and
</p>
<p>(4) Any other sound scientific or medical evidence the Secretary considers relevant.
</p>
<p>(f) <i>Evaluation of studies.</i> In evaluating any study for the purposes of this section, the
Secretary will consider:
</p>
<p>(1) The degree to which the study's findings are statistically significant;
</p>
<p>(2) The degree to which any conclusions drawn from the study data have withstood peer review;
</p>
<p>(3) Whether the methodology used to obtain the data can be replicated;
</p>
<p>(4) The degree to which the data may be affected by chance, bias, or confounding factors; and
</p>
<p>(5) The degree to which the data may be relevant to the experience of prisoners of war in view of
similarities or differences in the circumstances of the study population.
</p>
<p>(g) <i>Contracts for Scientific Review and Analysis.</i> To assist in making determinations under
this section, the Secretary may contract with an appropriate expert body to review and summarize the
scientific evidence, and assess the strength thereof, concerning the association between detention
or internment as a prisoner of war and the occurrence of any disease, or for any other purpose
relevant to the Secretary's determinations.
</p>
<p>(Authority:</p>
<p>38 U.S.C. 501(a), 1110)
</p>
<p>[69 FR 60089, Oct. 7, 2004]</p>
<p><b>Referrals of Information Regarding Criminal Violations
</b></p>
<p><b>&#167; 1.200
 Purpose.
</b></p>
<p>This subpart establishes a duty upon and sets forth the mechanism for VA employees to report
information about actual or possible criminal violations to appropriate law enforcement entities.
</p>
<p>(Authority: 5 U.S.C. App. 3, 38 U.S.C. 902)
</p>
<p>[68 FR 17550, Apr. 10, 2003]
</p>
<p><b>&#167; 1.201
 Employee's duty to report.
</b></p>
<p>All VA employees with knowledge or information about actual or possible violations of
criminal law related to VA programs, operations, facilities, contracts, or information technology
systems shall immediately report such knowledge or information to their supervisor, any management
official, or directly to the Office of Inspector General.
</p>
<p>(Authority: 5 U.S.C. App. 3, 38 U.S.C. 902)
</p>
<p>[68 FR 17550, Apr. 10, 2003]
</p>
<p><b>&#167; 1.203
 Information to be reported to VA Police.
</b></p>
<p>Information about actual or possible violations of criminal laws related to VA programs,
operations, facilities, or involving VA employees, where the violation of criminal law occurs on VA
premises, will be reported by VA management officials to the VA police component with responsibility
for the VA station or facility in question. If there is no VA police component with jurisdiction
over the offense, the information will be reported to Federal, state or local law enforcement
officials, as appropriate.
</p>
<p>(Authority: 38 U.S.C. 902)
</p>
<p>[68 FR 17550, Apr. 10, 2003]
</p>
<p><b>&#167; 1.204
 Information to be reported to the Office of Inspector General.
</b></p>
<p>Criminal matters involving felonies will also be immediately referred to the Office of
Inspector General, Office of Investigations. VA management officials with information about possible
criminal matters involving felonies will ensure and be responsible for prompt referrals to the OIG.
Examples of felonies include but are not limited to, theft of Government property over $1000, false
claims, false statements, drug offenses, crimes involving information technology systems and serious
crimes against the person, <i>i.e.,</i> homicides, armed robbery, rape, aggravated assault and
serious physical abuse of a VA patient.
</p>
<p>(Authority: 5 U.S.C. App. 3)
</p>
<p>[68 FR 17550, Apr. 10, 2003]
</p>
<p><b>&#167; 1.205
 Notification to the Attorney General or United States Attorney's Office.
</b></p>
<p>VA police and/or the OIG, whichever has primary responsibility within VA for investigation
of the offense in question, will be responsible for notifying the appropriate United States
Attorney's Office, pursuant to 28 U.S.C. 535.
</p>
<p>(Authority: 5 U.S.C. App. 3, 38 U.S.C. 902)
</p>
<p>[68 FR 17550, Apr. 10, 2003]</p>
<p><b>Security and Law Enforcement at Department of Veterans Affairs Facilities
</b></p>
<p><b>&#167; 1.218
 Security and law enforcement at VA facilities.
</b></p>
<p>(a) <i>Authority and rules of conduct.</i> Pursuant to 38 U.S.C. 901, the following rules
and regulations apply at all property under the charge and control of VA (and not under the charge
and control of the General Services Administration) and to all persons entering in or on such
property. The head of the facility is charged with the responsibility for the enforcement of these
rules and regulations and shall cause these rules and regulations to be posted in a conspicuous
place on the property.
</p>
<p>(1) <i>Closing property to public.</i> The head of the facility, or designee, shall establish
visiting hours for the convenience of the public and shall establish specific hours for the
transaction of business with the public. The property shall be closed to the public during other
than the hours so established. In emergency situations, the property shall be closed to the public
when reasonably necessary to ensure the orderly conduct of Government business. The decision to
close a property during an emergency shall be made by the head of the facility or designee. The head
of the facility or designee shall have authority to designate areas within a facility as closed to
the public.
</p>
<p>(2) <i>Recording presence.</i> Admission to property during periods when such property is closed
to the public will be limited to persons authorized by the head of the facility or designee. Such
persons may be required to sign a register and/or display identification documents when requested to
do so by VA police, or other authorized individual. No person, without authorization, shall enter
upon or remain on such property while the property is closed. Failure to leave such premises by
unauthorized persons shall constitute an offense under this paragraph.
</p>
<p>(3) <i>Preservation of property.</i> The improper disposal of rubbish on property; the spitting
on the property; the creation of any hazard on property to persons or things; the throwing of
articles of any kind from a building; the climbing upon the roof or any part of the building,
without permission; or the willful destruction, damage, or removal of Government property or any
part thereof, without authorization, is prohibited. The destruction, mutilation, defacement, injury,
or removal of any monument, gravestone, or other structure within the limits of any national
cemetery is prohibited.
</p>
<p>(4) <i>Conformity with signs and emergency conditions.</i> The head of the facility, or designee,
shall have authority to post signs of a prohibitory and directory nature. Persons, in and on
property, shall comply with such signs of a prohibitory or directory nature, and during emergencies,
with the direction of police authorities and other authorized officials. Tampering with,
destruction, marring, or removal of such posted signs is prohibited.
</p>
<p>(5) <i>Disturbances.</i> Conduct on property which creates loud or unusual noise; which
unreasonably obstructs the usual use of entrances, foyers, lobbies, corridors, offices, elevators,
stairways, or parking lots; which otherwise impedes or disrupts the performance of official duties
by Government employees; which prevents one from obtaining medical or other services provided on the
property in a timely manner; or the use of loud, abusive, or otherwise improper language; or
unwarranted loitering, sleeping, or assembly is prohibited. In addition to measures designed to
secure voluntary terminations of violations of this paragraph the head of the facility or designee
may cause the issuance of orders for persons who are creating a disturbance to depart the property.
Failure to leave the premises when so ordered constitutes a further disturbance within the meaning
of this rule, and the offender is subject to arrest and removal from the premises.
</p>
<p>(6) <i>Gambling.</i> Participating in games for money or for tangible or intangible things, or
the operating of gambling devices, the conduct of a lottery or pool, or the selling or purchasing of
numbers tickets, in or on property is prohibited.
</p>
<p>(7) <i>Alcoholic beverages and narcotics.</i> Operating a motor vehicle on property by a person
under the influence of alcoholic beverages, narcotic drugs, hallucinogens, marijuana, barbiturates,
or amphetamines is prohibited. Entering property under the influence of any narcotic drug,
hallucinogen, marijuana, barbiturate, amphetamine, or alcoholic beverage (unless prescribed by a
physician) is prohibited. The use on property of any narcotic drug, hallucinogen, marijuana,
barbiturate, or amphetamine (unless prescribed by a physician) is prohibited. The introduction or
possession of alcoholic beverages or any narcotic drug, hallucinogen, marijuana, barbiturate, and
amphetamine on property is prohibited, except for liquor or drugs prescribed for use by medical
authority for medical purposes. Provided such possession is consistent with the laws of the State in
which the facility is located, liquor may be used and maintained in quarters assigned to employees
as their normal abode, and away from the abode with the written consent of the head of the facility
which specifies a special occasion for use and limits the area and period for the authorized use.
</p>
<p>(8) <i>Soliciting, vending, and debt collection.</i> Soliciting alms and contributions,
commercial soliciting and vending of all kinds, displaying or distributing commercial advertising,
or collecting private debts in or on property is prohibited. This rule does not apply to (i)
national or local drives for funds for welfare, health, or other purposes as authorized under
Executive Order 12353, Charitable Fund Raising (March 23, 1982), as amended by Executive Order 12404
(February 10, 1983), and regulations issued by the Office of Personnel Management implementing these
Executive Orders; (ii) concessions or personal notices posted by employees on authorized bulletin
boards; and (iii) solicitation of labor organization membership or dues under 5 U.S.C. chapter 71.
</p>
<p>(9) <i>Distribution of handbills.</i> The distributing of materials such as pamphlets, handbills,
and/or flyers, and the displaying of placards or posting of materials on bulletin boards or
elsewhere on property is prohibited, except as authorized by the head of the facility or designee or
when such distributions or displays are conducted as part of authorized Government activities.
</p>
<p>(10) <i>Photographs for news, advertising, or commercial purposes.</i> Photographs for
advertising or commercial purposes may be taken only with the written consent of the head of the
facility or designee. Photographs for news purposes may be taken at entrances, lobbies, foyers, or
in other places designated by the head of the facility or designee.
</p>
<p>(11) <i>Dogs and other animals.</i> Dogs and other animals, except seeing-eye dogs, shall not be
brought upon property except as authorized by the head of the facility or designee.
</p>
<p>(12) <i>Vehicular and pedestrian traffic.</i> Drivers of all vehicles in or on property shall
drive in a careful and safe manner at all times and shall comply with the signals and directions of
police and all posted traffic signs. The blocking of entrances, driveways, walks, loading platforms,
or fire hydrants in or on property is prohibited; parking in unauthorized locations or in locations
reserved for other persons or contrary to the direction of posted signs is prohibited. Creating
excessive noise on hospital or cemetery premises by muffler cut out, the excessive use of a horn, or
other means is prohibited. Operation of a vehicle in a reckless or unsafe manner, drag racing,
bumping, overriding curbs, or leaving the roadway is prohibited.
</p>
<p>(13) <i>Weapons and explosives.</i> No person while on property shall carry firearms, other
dangerous or deadly weapons, or explosives, either openly or concealed, except for official
purposes.
</p>
<p>(14) <i>Demonstrations.</i> (i) All visitors are expected to observe proper standards of decorum
and decency while on VA property. Toward this end, any service, ceremony, or demonstration, except
as authorized by the head of the facility or designee, is prohibited. Jogging, bicycling, sledding
and other forms of physical recreation on cemetery grounds is prohibited.
</p>
<p>(ii) For the purpose of the prohibition expressed in this paragraph, unauthorized demonstrations
or services shall be defined as, but not limited to, picketing, or similar conduct on VA property;
any oration or similar conduct to assembled groups of people, unless the oration is part of an
authorized service; the display of any placards, banners, or foreign flags on VA property unless
approved by the head of the facility or designee; disorderly conduct such as fighting, threatening,
violent, or tumultuous behavior, unreasonable noise or coarse utterance, gesture or display or the
use of abusive language to any person present; and partisan activities, i.e., those involving
commentary or actions in support of, or in opposition to, or attempting to influence, any current
policy of the Government of the United States, or any private group, association, or enterprise.
</p>
<p>(15) <i>Key security.</i> The head of the facility of designee, will determine which employees,
by virtue of their duties, shall have access to keys or barrier-card keys which operate locks to
rooms or areas on the property. The unauthorized possession, manufacture, and/or use of such keys or
barrier cards is prohibited. The surreptitious opening or attempted opening of locks or card-
operated barrier mechanisms is prohibited.
</p>
<p>(16) <i>Sexual misconduct.</i> Any act of sexual gratification on VA property involving two or
more persons, who do not reside in quarters on the property, is prohibited. Acts of prostitution or
solicitation for acts of prostitution on VA property is prohibited. For the purposes of this
paragraph, an act of prostitution is defined as the performance or the offer or agreement to perform
any sexual act for money or payment.
</p>
<p>(b) <i>Schedule of offenses and penalties.</i> Conduct in violation of the rules and regulations
set forth in paragraph (a) of this section subjects an offender to arrest and removal from the
premises. Whomever shall be found guilty of violating these rules and regulations while on any
property under the charge and control of VA is subject to a fine as stated in the schedule set forth
herein or, if appropriate, the payment of fixed sum in lieu of appearance (forfeiture of collateral)
as may be provided for in rules of the United States District Court. Violations included in the
schedule of offenses and penalties may also subject an offender to a term of imprisonment of not
more than six months, as may be determined appropriate by a magistrate or judge of the United States
District Court:
</p>
<p>(1) Improper disposal of rubbish on property, $200.
</p>
<p>(2) Spitting on property, $25.
</p>
<p>(3) Throwing of articles from a building or the unauthorized climbing upon any part of a
building, $50.
</p>
<p>(4) Willful destruction, damage, or removal of Government property without authorization, $500.
</p>
<p>(5) Defacement, destruction, mutilation or injury to, or removal, or disturbance of, gravemarker
or headstone, $500.
</p>
<p>(6) Failure to comply with signs of a directive and restrictive nature posted for safety
purposes, $50.
</p>
<p>(7) Tampering with, removal, marring, or destruction of posted signs, $150.
</p>
<p>(8) Entry into areas posted as closed to the public or others (trespass), $50.
</p>
<p>(9) Unauthorized demonstration or service in a national cemetery or on other VA property, $250.
</p>
<p>(10) Creating a disturbance during a burial ceremony, $250.
</p>
<p>(11) Disorderly conduct which creates loud, boisterous, and unusual noise, or which obstructs the
normal use of entrances, exits, foyers, offices, corridors, elevators, and stairways or which tends
to impede or prevent the normal operation of a service or operation of the facility, $250.
</p>
<p>(12) Failure to depart premises by unauthorized persons, $50.
</p>
<p>(13) Unauthorized loitering, sleeping or assembly on property, $50.
</p>
<p>(14) Gambling-participating in games of chance for monetary gain or personal property; the
operation of gambling devices, a pool or lottery; or the taking or giving of bets, $200.
</p>
<p>(15) Operation of a vehicle under the influence of alcoholic beverages or nonprescribed narcotic
drugs, hallucinogens, marijuana, barbiturates, or amphetamines, $500.
</p>
<p>(16) Entering premises under the influence of alcoholic beverages or narcotic drugs,
hallucinogens, marijuana, barbiturates or amphetamines, $200.
</p>
<p>(17) Unauthorized use on property of alcoholic beverages or narcotic drugs, hallucinogens,
marijuana, barbiturates, or amphetamines, $300.
</p>
<p>(18) Unauthorized introduction on VA controlled property of alcoholic beverages or narcotic
drugs, hallucinogens, marijuana, barbiturates, or amphetamines or the unauthorized giving of same to
a patient or beneficiary, $500.
</p>
<p>(19) Unauthorized solicitation of alms and contributions on premises, $50.
</p>
<p>(20) Commercial soliciting or vending, or the collection of private debts on property, $50.
</p>
<p>(21) Distribution of pamphlets, handbills, and flyers, $25.
</p>
<p>(22) Display of placards or posting of material on property, $25.
</p>
<p>(23) Unauthorized photography on premises, $50.
</p>
<p>(24) Failure to comply with traffic directions of VA police, $25.
</p>
<p>(25) Parking in spaces posted as reserved for physically disabled persons, $50.
</p>
<p>(26) Parking in no-parking areas, lanes, or crosswalks so posted or marked by yellow borders or
yellow stripes, $25.
</p>
<p>(27) Parking in emergency vehicle spaces, areas and lanes bordered in red or posted as EMERGENCY
VEHICLES ONLY or FIRE LANE, or parking within 15 feet of a fire hydrant, $50.
</p>
<p>(28) Parking within an intersection or blocking a posted vehicle entrance or posted exit lane,
$25.
</p>
<p>(29) Parking in spaces posted as reserved or in excess of a posted time limit, $15.
</p>
<p>(30) Failing to come to a complete stop at a STOP sign, $25.
</p>
<p>(31) Failing to yield to a pedestrian in a marked and posted crosswalk, $25.
</p>
<p>(32) Driving in the wrong direction on a posted one-way street, $25.
</p>
<p>(33) Operation of a vehicle in a reckless or unsafe manner, too fast for conditions, drag racing,
overriding curbs, or leaving the roadway, $100.
</p>
<p>(34) Exceeding posted speed limits:
</p>
<p>(i) By up to 10 mph, $25.
</p>
<p>(ii) By up to 20 mph, $50.
</p>
<p>(iii) By over 20 mph, $100.
</p>
<p>(35) Creating excessive noise in a hospital or cemetery zone by muffler cut out, excessive use of
a horn, or other means, $50.
</p>
<p>(36) Failure to yield right of way to other vehicles, $50.
</p>
<p>(37) Possession of firearms, carried either openly or concealed, whether loaded or unloaded
(except by Federal or State law enforcement officers on official business, $500.
</p>
<p>(38) Introduction or possession of explosives, or explosive devices which fire a projectile,
ammunition, or combustibles, $500.
</p>
<p>(39) Possession of knives which exceed a blade length of 3 inches; switchblade knives; any of the
variety of hatchets, clubs and hand-held weapons; or brass knuckles, $300.
</p>
<p>(40) The unauthorized possession of any of the variety of incapacitating liquid or gas-emitting
weapons, $200.
</p>
<p>(41) Unauthorized possession, manufacture, or use of keys or barrier card-type keys to rooms or
areas on the property, $200.
</p>
<p>(42) The surreptitious opening, or attempted opening, of locks or card-operated barrier
mechanisms on property, $500.
</p>
<p>(43) Soliciting for, or the act of, prostitution, $250.
</p>
<p>(44) Any unlawful sexual activity, $250.
</p>
<p>(45) Jogging, bicycling, sledding or any recreational physical activity conducted on cemetery
grounds, $50.
</p>
<p>(c) <i>Enforcement procedures.</i> (1) VA administration directors will issue policies and
operating procedures governing the proper exercise of arrest and other law enforcement actions, and
limiting the carrying and use of weapons by VA police officers. VA police officers found qualified
under respective VA administration directives and duly appointed heads of facilities for the
purposes of 38 U.S.C. 902(b)(1), will enforce these rules and regulations and other Federal laws on
VA property in accordance with the policies and operating procedures issued by respective VA
administration directors and under the direction of the head of the facility.
</p>
<p>(2) VA administration directors will prescribe training for VA police officers of the scope and
duration necessary to assure the proper exercise of the law enforcement and arrest authority vested
in them and to assure their abilities in the safe handling of situations involving patients and the
public in general. VA police officers will successfully complete prescribed training in law
enforcement procedures and the safe handling of patients as a condition of their retention of
statutory law enforcement and arrest authority.
</p>
<p>(3) Nothing contained in the rules and regulations set forth in paragraph (a) of this section
shall be construed to abrogate any other Federal laws or regulations, including assimilated offenses
under 18 U.S.C. 13, or any State or local laws and regulations applicable to the area in which the
property is situated.
</p>
<p>(Authority: 38 U.S.C. 901)
</p>
<p>[50 FR 29226, July 18, 1985]</p>
<p><b>Parking Fees at VA Medical Facilities
</b></p>
<p><b>&#167; 1.300
 Purpose.
</b></p>
<p>Sections 1.300 through 1.303 prescribe policies and procedures for establishing parking fees
for the use of Department of Veterans Affairs controlled parking spaces at VA medical facilities.
</p>
<p>(Authority: 38 U.S.C. 501, 8109)
</p>
<p>[53 FR 25490, July 7, 1988]
</p>
<p><b>&#167; 1.301
 Definitions.
</b></p>
<p>As used in &#167;&#167; 1.300 through 1.303 of this title:
</p>
<p>(a) <i>Secretary</i> means the Secretary of Veterans Affairs.
</p>
<p>(b) <i>Eligible person</i> means any individual to whom the Secretary is authorized to furnish
medical examination or treatment.
</p>
<p>(c) <i>Garage</i> means a structure or part of a structure in which vehicles may be parked.
</p>
<p>(d) <i>Medical facility</i> means any facility or part thereof which is under the jurisdiction of
the Secretary for the provision of health-care services, including any necessary buildings and
structures, garage or parking facility.
</p>
<p>(e) <i>Parking facilities</i> includes all surface and garage parking spaces at a VA medical
facility.
</p>
<p>(f) <i>Volunteer worker</i> means an individual who performs services, without compensation,
under the auspices of VA Voluntary Service (VAVS) at a VA medical facility, for the benefit of
veterans receiving care at that medical facility.
</p>
<p>(Authority: 38 U.S.C. 8109)
</p>
<p>[53 FR 25490, July 7, 1988]
</p>
<p><b>&#167; 1.302
 Applicability and scope.
</b></p>
<p>(a) The provisions of &#167;&#167; 1.300 through 1.303 apply to VA medical facility
parking facilities in the United States, its territories and possessions, and the Commonwealth of
Puerto Rico, and to such parking facilities for the use of VA medical facilities jointly shared by
VA and another Federal agency when the facility is operated by the VA. Sections 1.300 through 1.303
apply to all users of those parking facilities. Fees shall be assessed and collected at medical
facilities where parking garages are constructed, acquired, or altered at a cost exceeding $500,000
(or, in the case of acquisition by lease, $100,000 per year). The Secretary, in the exercise of
official discretion, may also determine that parking fees shall be charged at any other VA medical
facility.
</p>
<p>(b) All fees established shall be reasonable under the circumstances and shall cover all parking
facilities used in connection with such VA medical facility.
</p>
<p>(Authority: 38 U.S.C. 8109)
</p>
<p>[53 FR 25490, July 7, 1988]
</p>
<p><b>&#167; 1.303
 Policy.
</b></p>
<p>(a) <i>General.</i> Parking spaces at VA medical facilities shall only be provided under the
following conditions:
</p>
<p>(1) VA and its employees shall not be liable for any damages to vehicles (or their contents)
parked in VA parking facilities, unless such damages are directly caused by such employees acting in
the course of their VA employment.
</p>
<p>(2) Parking facilities at VA medical facilities shall only be made available at each medical
facility for such periods and under such terms as prescribed by the facility director, consistent
with &#167;&#167; 1.300 through 1.303.
</p>
<p>(3) VA will limit parking facilities at VA medical facilities to the minimum necessary, and
administer those parking facilities in full compliance with ridesharing regulations and Federal
laws.
</p>
<p>(b) <i>Fees.</i> (1) As provided in &#167; 1.302, VA will assess VA employees, contractor
employees, tenant employees, visitors, and other individuals having business at a VA medical
facility where VA parking facilities are available, a parking fee for the use of that parking
facility. All parking fees shall be set at a rate which shall be equivalent to one-half of the
appropriate fair rental value (i.e., monthly, weekly, daily, hourly) for the use of equivalent
commercial space in the vicinity of the medical facility, subject to the terms and conditions stated
in paragraph (a) of this section. Fair rental value shall include an allowance for the costs of
management of the parking facilities. The Secretary will determine the fair market rental value
through use of generally accepted appraisal techniques. If the appraisal establishes that there is
no comparable commercial rate because of the absence of commercial parking facilities within a two-
mile radius of the medical facility, then the rate established shall be not less than the lowest
rate charged for parking at the VA medical facility with the lowest established parking fees. Rates
established shall be reviewed biannually by the Secretary to reflect any increase or decrease in
value as determined by appraisal updating.
</p>
<p>(2) No parking fees shall be established or collected for parking facilities used by or for
vehicles of the following:
</p>
<p>(i) Volunteer workers in connection with such workers performing services for the benefit of
veterans receiving care at the medical facility;
</p>
<p>(ii) A veteran or an eligible person in connection with such veteran or eligible person receiving
examination or treatment;
</p>
<p>(iii) An individual transporting a veteran or eligible person seeking examination or treatment;
and
</p>
<p>(iv) Federal Government employees using Government owned or leased or private vehicles for
official business.
</p>
<p>(Authority: 38 U.S.C. 8109)
</p>
<p>[53 FR 25490, July 7, 1988]
</p><p><b>Release of Information From Department of Veterans Affairs (VA) Records Relating to Drug Abuse,
Alcoholism or Alcohol Abuse, Infection With the Human Immunodeficiency Virus (HIV), or Sickle Cell
Anemia
</b></p>
<p><b>Note:</b></p>
<p>Sections 1.460 through 1.499 of this part concern the confidentiality of
information relating to drug abuse, alcoholism or alcohol abuse, infection with the human
immunodeficiency virus, or sickle cell anemia in VA records and are applicable in combination with
other regulations pertaining to the release of information from VA records. Sections 1.500 through
1.527, Title 38, Code of Federal Regulations, implement the provisions of 38 U.S.C.
&#167;&#167; 5701 and 5702. Sections 1.550 through 1.559 implement the provisions of 5 U.S.C.
&#167; 552 (The Freedom of Information Act). Sections 1.575 through 1.584 implement the
provisions of 5 U.S.C. &#167; 552a (The Privacy Act of 1974).
</p>
<p>The provisions of &#167;&#167; 1.460 through 1.499 of this part pertain to any program or
activity, including education, treatment, rehabilitation or research, which relates to drug abuse,
alcoholism or alcohol abuse, infection with the human immunodeficiency virus, or sickle cell anemia.
The statutory authority for the drug abuse provisions and alcoholism or alcohol abuse provisions of
&#167;&#167; 1.460 through 1.499 is Sec. 111 of Pub. L. 94-581, the Veterans Omnibus
Health Care Act of 1976 (38 U.S.C. &#167;&#167; 7331 through 7334), the authority for the human
immunodeficiency virus provisions is Sec. 121 of Pub. L. 100-322, the Veterans' Benefits and
Services Act of 1988 (38 U.S.C. &#167; 7332); the authority for the sickle cell anemia
provisions is Sec. 109 of Pub. L. 93-82, the Veterans Health Care Expansion Act of 1973 (38
U.S.C. &#167;&#167; 1751-1754).
</p>
<p><b>Authority:</b> 38 U.S.C. 1751-1754 and 7331-7334.
</p>
<p><b>Source:</b> 60 FR 63929, Dec. 13, 1995, unless otherwise noted.
</p>
<p><b>&#167; 1.460
 Definitions.
</b></p>
<p>For purposes of &#167;&#167; 1.460 through 1.499 of this part, the following
definitions apply:
</p>
<p><i>Agreement.</i> The term "agreement" means a document that a VA health care facility develops
in collaboration with an Organ Procurement Organization, eye bank or tissue bank with written,
detailed responsibilities and obligations of the parties with regard to identifying potential donors
and facilitating the donation process.
</p>
<p><i>Alcohol abuse.</i> The term "alcohol abuse" means the use of an alcoholic beverage which
impairs the physical, mental, emotional, or social well-being of the user.
</p>
<p><i>Contractor.</i> The term "contractor" means a person who provides services to VA such as data
processing, dosage preparation, laboratory analyses or medical or other professional services. Each
contractor shall be required to enter into a written agreement subjecting such contractor to the
provisions of &#167;&#167; 1.460 through 1.499 of this part; 38 U.S.C. 5701 and 7332; and 5
U.S.C. 552a and 38 CFR 1.576(g).
</p>
<p><i>Deceased.</i> The term "deceased" means death established by either neurological criteria
(brain death) or cardiopulmonary criteria (cardiac death). Brain death is the irreversible cessation
of all brain function. Cardiac death is the irreversible cessation of circulatory and respiratory
function. In both cases, "irreversible" means that function will not resume spontaneously and will
not be restarted artificially.
</p>
<p><i>Diagnosis.</i> The term "diagnosis" means any reference to an individual's alcohol or drug
abuse or to a condition which is identified as having been caused by that abuse or any reference to
sickle cell anemia or infection with the human immunodeficiency virus which is made for the purpose
of treatment or referral for treatment. A diagnosis prepared for the purpose of treatment or
referral for treatment but which is not so used is covered by &#167;&#167; 1.460 through 1.499
of this part. These regulations do not apply to a diagnosis of drug overdose or alcohol intoxication
which clearly shows that the individual involved is not an alcohol or drug abuser (e.g., involuntary
ingestion of alcohol or drugs or reaction to a prescribed dosage of one or more drugs).
</p>
<p><i>Disclose or disclosure.</i> The term "disclose" or "disclosure" means a communication of
patient identifying information, the affirmative verification of another person's communication of
patient identifying information, or the communication of any information from the record of a
patient who has been identified.
</p>
<p><i>Drug abuse.</i> The term "drug abuse" means the use of a psychoactive substance for other than
medicinal purposes which impairs the physical, mental, emotional, or social well-being of the user.
</p>
<p><i>Eye bank and tissue bank.</i> The term "eye bank and tissue bank" means an "establishment" as
defined in 21 CFR 1271.3, pursuant to section 361 of the Public Health Service Act (42 U.S.C. 264)
that has a valid, current registration with the Federal Food and Drug Administration (FDA) as
required under 21 CFR part 1271.
</p>
<p><i>Individual.</i> The term "individual" means a veteran, as defined in 38 U.S.C. 101(2), or a
dependent of a veteran, as defined in 38 U.S.C. 101(3) and (4)(A).
</p>
<p><i>Infection with the human immunodeficiency virus (HIV).</i> The term "infection with the human
immunodeficiency virus (HIV)" means the presence of laboratory evidence for human immunodeficiency
virus infection. For the purposes of &#167;&#167; 1.460 through 1.499 of this part, the term
includes the testing of an individual for the presence of the virus or antibodies to the virus and
information related to such testing (including tests with negative results).
</p>
<p><i>Informant.</i> The term "informant" means an individual who is a patient or employee or who
becomes a patient or employee at the request of a law enforcement agency or official and who at the
request of a law enforcement agency or official observes one or more patients or employees for the
purpose of reporting the information obtained to the law enforcement agency or official.
</p>
<p><i>Near death.</i> The term "near death" means that in the clinical judgment of the patient's
health care provider, the patient's death is imminent.
</p>
<p><i>Organ Procurement Organization.</i> The term "Organ Procurement Organization" (OPO) means an
organization that performs or coordinates the procurement, preservation, and transportation of
organs and maintains a system of locating prospective recipients for available organs.
</p>
<p><i>Procurement organization.</i> The term "procurement organization" means an organ procurement
organization, eye bank, and/or tissue banks as defined in this section.
</p>
<p><i>Patient.</i> The term "patient" means any individual or subject who has applied for or been
given a diagnosis or treatment for drug abuse, alcoholism or alcohol abuse, infection with the human
immunodeficiency virus, or sickle cell anemia and includes any individual who, after arrest on a
criminal charge, is interviewed and/or tested in connection with drug abuse, alcoholism or alcohol
abuse, infection with the human immunodeficiency virus, or sickle cell anemia in order to determine
that individual's eligibility to participate in a treatment or rehabilitation program. The term
patient includes an individual who has been diagnosed or treated for alcoholism, drug abuse, HIV
infection, or sickle cell anemia for purposes of participation in a VA program or activity relating
to those four conditions, including a program or activity consisting of treatment, rehabilitation,
education, training, evaluation, or research. The term "patient" for the purpose of infection with
the human immunodeficiency virus or sickle cell anemia, includes one tested for the disease.
</p>
<p><i>Patient identifying information.</i> The term "patient identifying information" means the
name, address, social security number, fingerprints, photograph, or similar information by which the
identity of a patient can be determined with reasonable accuracy and speed either directly or by
reference to other publicly available information. The term does not include a number assigned to a
patient by a treatment program, if that number does not consist of, or contain numbers (such as
social security, or driver's license number) which could be used to identify a patient with
reasonable accuracy and speed from sources external to the treatment program.
</p>
<p><i>Person.</i> The term "person" means an individual, partnership, corporation, Federal, State or
local government agency, or any other legal entity.
</p>
<p><i>Records.</i> The term "records" means any information received, obtained or maintained,
whether recorded or not, by an employee or contractor of VA, for the purpose of seeking or
performing VA program or activity functions relating to drug abuse, alcoholism, tests for or
infection with the human immunodeficiency virus, or sickle cell anemia regarding an identifiable
patient. A program or activity function relating to drug abuse, alcoholism, infection with the human
immunodeficiency virus, or sickle cell anemia includes evaluation, treatment, education, training,
rehabilitation, research, or referral for one of these conditions. Sections 1.460 through 1.499 of
this part apply to a primary or other diagnosis, or other information which identifies, or could
reasonably be expected to identify, a patient as having a drug or alcohol abuse condition, infection
with the human immunodeficiency virus, or sickle cell anemia (e.g., alcoholic psychosis, drug
dependence), but only if such diagnosis or information is received, obtained or maintained for the
purpose of seeking or performing one of the above program or activity functions. Sections 1.460
through 1.499 of this part do not apply if such diagnosis or other information is not received,
obtained or maintained for the purpose of seeking or performing a function or activity relating to
drug abuse, alcoholism, infection with the human immunodeficiency virus, or sickle cell anemia for
the patient in question. Whenever such diagnosis or other information, not originally received or
obtained for the purpose of obtaining or providing one of the above program or activity functions,
is subsequently used in connection with such program or activity functions, those original entries
become a "record" and &#167;&#167; 1.460 through 1.499 of this part thereafter apply to those
entries. Segregability: these regulations do not apply to records or information contained therein,
the disclosure of which (the circumstances surrounding the disclosure having been considered) could
not reasonably be expected to disclose the fact that a patient has been connected with a VA program
or activity function relating to drug abuse, alcoholism, infection with the human immunodeficiency
virus, or sickle cell anemia.
</p>
<p>(1) The following are examples of instances whereby records or information related to alcoholism
or drug abuse are covered by the provisions of &#167;&#167; 1.460 through 1.499 of this part:
</p>
<p>(i) A patient with alcoholic delirium tremens is admitted for detoxification. The patient is
offered treatment in a VA alcohol rehabilitation program which he declines.
</p>
<p>(ii) A patient who is diagnosed as a drug abuser applies for and is provided VA drug
rehabilitation treatment.
</p>
<p>(iii) While undergoing treatment for an unrelated medical condition, a patient discusses with the
physician his use and abuse of alcohol. The physician offers VA alcohol rehabilitation treatment
which is declined by the patient.
</p>
<p>(2) The following are examples of instances whereby records or information related to alcoholism
or drug abuse are not covered by the provisions of &#167;&#167; 1.460 through 1.499 of this
part:
</p>
<p>(i) A patient with alcoholic delirium tremens is admitted for detoxification, treated and
released with no counseling or treatment for the underlying condition of alcoholism.
</p>
<p>(ii) While undergoing treatment for an unrelated medical condition, a patient informs the
physician of a history of drug abuse fifteen years earlier with no ingestion of drugs since. The
history and diagnosis of drug abuse is documented in the hospital summary and no treatment is sought
by the patient or offered or provided by VA during the current period of treatment.
</p>
<p>(iii) While undergoing treatment for injuries sustained in an accident, a patient's medical
record is documented to support the judgment of the physician to prescribe certain alternate
medications in order to avoid possible drug interactions in view of the patient's enrollment and
treatment in a non-VA methadone maintenance program. The patient states that continued treatment and
follow-up will be obtained from private physicians and VA treatment for the drug abuse is not sought
by the patient nor provided or offered by the staff.
</p>
<p>(iv) A patient is admitted to the emergency room suffering from a possible drug overdose. The
patient is treated and released; a history and diagnosis of drug abuse may be documented in the
hospital summary. The patient is not offered treatment for the underlying conditions of drug abuse,
nor is treatment sought by the patient for that condition.
</p>
<p><i>Third party payer.</i> The term "third party payer" means a person who pays, or agrees to pay,
for diagnosis or treatment furnished to a patient on the basis of a contractual relationship with
the patient or a member of his or her family or on the basis of the patient's eligibility for
Federal, State, or local governmental benefits.
</p>
<p><i>Treatment.</i> The term "treatment" means the management and care of a patient for drug abuse,
alcoholism or alcohol abuse, infection with the human immunodeficiency virus, or sickle cell anemia,
or a condition which is identified as having been caused by one or more of these conditions, in
order to reduce or eliminate the adverse effects upon the patient. The term includes testing for the
human immunodeficiency virus or sickle cell anemia.
</p>
<p><i>Undercover agent.</i> The term "undercover agent" means an officer of any Federal, State, or
local law enforcement agency who becomes a patient or employee for the purpose of investigating a
suspected violation of law or who pursues that purpose after becoming a patient or becoming employed
for other purposes.
</p>
<p><i>VHA health care facilty.</i> The term "VHA health care facility" means a VA medical center, VA
emergency room, VA nursing home or other facility as defined in 38 U.S.C. 1701(3).
</p>
<p>(Authority: 38 U.S.C. 7334)
</p>
<p>[60 FR 63929, Dec. 13, 1995, as amended at 72 FR 48241, Aug. 23, 2007]
</p>
<p><b>&#167; 1.461
 Applicability.
</b></p>
<p>(a) <i>General</i>--(1) <i>Restrictions on disclosure.</i> The restrictions on
disclosure in these regulations apply to any information whether or not recorded, which:
</p>
<p>(i) Would identify a patient as an alcohol or drug abuser, an individual tested for or infected
with the human immunodeficiency virus (HIV), hereafter referred to as HIV, or an individual with
sickle cell anemia, either directly, by reference to other publicly available information, or
through verification of such an identification by another person; and
</p>
<p>(ii) Is provided or obtained for the purpose of treating alcohol or drug abuse, infection with
the HIV, or sickle cell anemia, making a diagnosis for that treatment, or making a referral for that
treatment as well as for education, training, evaluation, rehabilitation and research program or
activity purposes.
</p>
<p>(2) <i>Restriction on use.</i> The restriction on use of information to initiate or substantiate
any criminal charges against a patient or to conduct any criminal investigation of a patient applies
to any information, whether or not recorded, which is maintained for the purpose of treating drug
abuse, alcoholism or alcohol abuse, infection with the HIV, or sickle cell anemia, making a
diagnosis for that treatment, or making a referral for that treatment as well as for education,
training, evaluation, rehabilitation, and research program or activity purposes.
</p>
<p>(b) <i>Period covered as affecting applicability.</i> The provisions of &#167;&#167; 1.460
through 1.499 of this part apply to records of identity, diagnosis, prognosis, or treatment
pertaining to any given individual maintained over any period of time which, irrespective of when it
begins, does not end before March 21, 1972, in the case of diagnosis or treatment for drug abuse; or
before May 14, 1974, in the case of diagnosis or treatment for alcoholism or alcohol abuse; or
before September 1, 1973, in the case of testing, diagnosis or treatment of sickle cell anemia; or
before May 20, 1988, in the case of testing, diagnosis or treatment for an infection with the HIV.
</p>
<p>(c) <i>Exceptions</i>--(1) <i>Department of Veterans Affairs and Armed Forces.</i> The
restrictions on disclosure in &#167;&#167; 1.460 through 1.499 of this part do not apply to
communications of information between or among those components of VA who have a need for the
information in connection with their duties in the provision of health care, adjudication of
benefits, or in carrying out administrative responsibilities related to those functions, including
personnel of the Office of the Inspector General who are conducting audits, evaluations, healthcare
inspections, or non-patient investigations, or between such components and the Armed Forces, of
information pertaining to a person relating to a period when such person is or was subject to the
Uniform Code of Military Justice. Information obtained by VA components under these circumstances
may be disclosed outside of VA to prosecute or investigate a non-patient only in accordance with
&#167; 1.495 of this part. Similarly, the restrictions on disclosure in &#167;&#167; 1.460
through 1.499 of this part do not apply to communications of information to the Department of
Justice or U.S. Attorneys who are providing support in civil litigation or possible litigation
involving VA.
</p>
<p>(2) <i>Contractor.</i> The restrictions on disclosure in &#167;&#167; 1.460 through 1.499 of
this part do not apply to communications between VA and a contractor of information needed by the
contractor to provide his or her services.
</p>
<p>(3) <i>Crimes on VA premises or against VA personnel.</i> The restrictions on disclosure and use
in &#167;&#167; 1.460 through 1.499 of this part do not apply to communications from VA
personnel to law enforcement officers which:
</p>
<p>(i) Are directly related to a patient's commission of a crime on the premises of the facility or
against personnel of VA or to a threat to commit such a crime; and
</p>
<p>(ii) Are limited to the circumstances of the incident, including the patient status of the
individual committing or threatening to commit the crime, that individual's name and address to the
extent authorized by 38 U.S.C. 5701(f)(2), and that individual's last known whereabouts.
</p>
<p>(4) <i>Undercover agents and informants.</i> (i) Except as specifically authorized by a court
order granted under &#167; 1.495 of this part, VA may not knowingly employ, or admit as a
patient, any undercover agent or informant in any VA drug abuse, alcoholism or alcohol abuse, HIV
infection, or sickle cell anemia treatment program.
</p>
<p>(ii) No information obtained by an undercover agent or informant, whether or not that undercover
agent or informant is placed in a VA drug abuse, alcoholism or alcohol abuse, HIV infection, or
sickle cell anemia treatment program pursuant to an authorizing court order, may be used to
criminally investigate or prosecute any patient unless authorized pursuant to the provisions of
&#167; 1.494 of this part.
</p>
<p>(iii) The enrollment of an undercover agent or informant in a treatment unit shall not be deemed
a violation of this section if the enrollment is solely for the purpose of enabling the individual
to obtain treatment for drug or alcohol abuse, HIV infection, or sickle cell anemia.
</p>
<p>(d) <i>Applicability to recipients of information</i>--(1) <i>Restriction on use of
information.</i> In the absence of a proper &#167; 1.494 court order, the restriction on the
use of any information subject to &#167;&#167; 1.460 through 1.499 of this part to initiate or
substantiate any criminal charges against a patient or to conduct any criminal investigation of a
patient applies to any person who obtains that information from VA, regardless of the status of the
person obtaining the information or of whether the information was obtained in accordance with
&#167;&#167; 1.460 through 1.499 of this part. This restriction on use bars, among other
things, the introduction of that information as evidence in a criminal proceeding and any other use
of the information to investigate or prosecute a patient with respect to a suspected crime.
Information obtained by undercover agents or informants (see paragraph (c) of this section) or
through patient access (see &#167; 1.469 of this part) is subject to the restriction on use.
</p>
<p>(2) <i>Restrictions on disclosures--third-party payers and others.</i> The restrictions on
disclosure in &#167;&#167; 1.460 through 1.499 of this part apply to third-party payers and
persons who, pursuant to a consent, receive patient records directly from VA and who are notified of
the restrictions on redisclosure of the records in accordance with &#167; 1.476 of this part.
</p>
<p>(Authority: 38 U.S.C. 7332(e) and 7334)
</p>
<p><b>&#167; 1.462
 Confidentiality restrictions.
</b></p>
<p>(a) <i>General.</i> The patient records to which &#167;&#167; 1.460 through 1.499 of
this part apply may be disclosed or used only as permitted by these regulations and may not
otherwise be disclosed or used in any civil, criminal, administrative, or legislative proceedings
conducted by any Federal, State, or local authority. Any disclosure made under these regulations
must be limited to that information which is necessary to carry out the purpose of the disclosure.
</p>
<p>(b) <i>Unconditional compliance required.</i> The restrictions on disclosure and use in
&#167;&#167; 1.460 through 1.499 of this part apply whether the person seeking the information
already has it, has other means of obtaining it, is a law enforcement or other official, has
obtained a subpoena, or asserts any other justification for a disclosure or use which is not
permitted by &#167;&#167; 1.460 through 1.499 of this part. These provisions do not prohibit VA
from acting accordingly when there is no disclosure of information.
</p>
<p>(c) <i>Acknowledging the presence of patients: responding to requests.</i> (1) The presence of an
identified patient in a VA facility for the treatment or other VA program activity relating to drug
abuse, alcoholism or alcohol abuse, infection with the HIV, or sickle cell anemia may be
acknowledged only if the patient's written consent is obtained in accordance with &#167; 1.475
of this part or if an authorizing court order is entered in accordance with &#167;&#167; 1.490
through 1.499 of this part. Acknowledgment of the presence of an identified patient in a facility is
permitted if the acknowledgment does not reveal that the patient is being treated for or is
otherwise involved in a VA program or activity concerning drug abuse, alcoholism or alcohol abuse,
infection with the HIV, or sickle cell anemia.
</p>
<p>(2) Any answer to a request for a disclosure of patient records which is not permissible under
&#167;&#167; 1.460 through 1.499 of this part must be made in a way that will not affirmatively
reveal that an identified individual has been, or is being diagnosed or treated for drug abuse,
alcoholism or alcohol abuse, infection with the HIV, or sickle cell anemia. These regulations do not
restrict a disclosure that an identified individual is not and never has been a patient.
</p>
<p>(Authority: 38 U.S.C. 7334)
</p>
<p><b>&#167; 1.463
 Criminal penalty for violations.
</b></p>
<p>Under 38 U.S.C. 7332(g), any person who violates any provision of this statute or
&#167;&#167; 1.460 through 1.499 of this part shall be fined not more than $5,000 in the case
of a first offense, and not more than $20,000 for a subsequent offense.
</p>
<p>(Authority: 38 U.S.C. 7332(g))
</p>
<p><b>&#167; 1.464
 Minor patients.
</b></p>
<p>(a) <i>Definition of minor.</i> As used in &#167;&#167; 1.460 through 1.499 of this
part the term "minor" means a person who has not attained the age of majority specified in the
applicable State law, or if no age of majority is specified in the applicable State law, the age of
eighteen years.
</p>
<p>(b) <i>State law not requiring parental consent to treatment.</i> If a minor patient acting alone
has the legal capacity under the applicable State law to apply for and obtain treatment for drug
abuse, alcoholism or alcohol abuse, infection with the HIV, or sickle cell anemia, any written
consent for disclosure authorized under &#167; 1.475 of this part may be given only by the
minor patient. This restriction includes, but is not limited to, any disclosure of patient
identifying information to the parent or guardian of a minor patient for the purpose of obtaining
financial reimbursement. Sections 1.460 through 1.499 of this part do not prohibit a VA facility
from refusing to provide nonemergent treatment to an otherwise ineligible minor patient until the
minor patient consents to the disclosure necessary to obtain reimbursement for services from a third
party payer.
</p>
<p>(c) <i>State law requiring parental consent to treatment.</i> (1) Where State law requires
consent of a parent, guardian, or other person for a minor to obtain treatment for drug abuse,
alcoholism or alcohol abuse, infection with the HIV, or sickle cell anemia, any written consent for
disclosure authorized under &#167; 1.475 of this part must be given by both the minor and his
or her parent, guardian, or other person authorized under State law to act in the minor's behalf.
</p>
<p>(2) Where State law requires parental consent to treatment, the fact of a minor's application for
treatment may be communicated to the minor's parent, guardian, or other person authorized under
State law to act in the minor's behalf only if:
</p>
<p>(i) The minor has given written consent to the disclosure in accordance with &#167; 1.475 of
this part; or
</p>
<p>(ii) The minor lacks the capacity to make a rational choice regarding such consent as judged by
the appropriate VA facility director under paragraph (d) of this section.
</p>
<p>(d) <i>Minor applicant for service lacks capacity for rational choice.</i> Facts relevant to
reducing a threat to the life or physical well being of the applicant or any other individual may be
disclosed to the parent, guardian, or other person authorized under State law to act in the minor's
behalf if the appropriate VA facility director judges that:
</p>
<p>(1) A minor applicant for services lacks capacity because of extreme youth or mental or physical
condition to make a rational decision on whether to consent to a disclosure under &#167; 1.475
of this part to his or her parent, guardian, or other person authorized under State law to act in
the minor's behalf, and
</p>
<p>(2) The applicant's situation poses a substantial threat to the life or physical well-being of
the applicant or any other individual which may be reduced by communicating relevant facts to the
minor's parent, guardian, or other person authorized under State law to act in the minor's behalf.
</p>
<p>(Authority: 38 U.S.C. 7334)
</p>
<p><b>&#167; 1.465
 Incompetent and deceased patients.
</b></p>
<p>(a) <i>Incompetent patients other than minors.</i> In the case of a patient who has been
adjudicated as lacking the capacity, for any reason other than insufficient age, to manage his or
her own affairs, any consent which is required under &#167;&#167; 1.460 through 1.499 of this
part may be given by a court appointed legal guardian.
</p>
<p>(b) <i>Deceased patients</i>--(1) <i>Vital statistics.</i> Sec. 1.460 through 1.499 of this
part do not restrict the disclosure of patient identifying information relating to the cause of
death of a patient under laws requiring the collection of death or other vital statistics or
permitting inquiry into the cause of death.
</p>
<p>(2) <i>Consent by personal representative.</i> Any other disclosure of information identifying a
deceased patient as being treated for drug abuse, alcoholism or alcohol abuse, infection with the
HIV, or sickle cell anemia is subject to &#167;&#167; 1.460 through 1.499 of this part. If a
written consent to the disclosure is required, the Under Secretary for Health or designee may, upon
the prior written request of the next of kin, executor/executrix, administrator/administratrix, or
other personal representative of such deceased patient, disclose the contents of such records, only
if the Under Secretary for Health or designee determines such disclosure is necessary to obtain
survivorship benefits for the deceased patient's survivor. This would include not only VA benefits,
but also payments by the Social Security Administration, Worker's Compensation Boards or
Commissions, or other Federal, State, or local government agencies, or nongovernment entities, such
as life insurance companies.
</p>
<p>(3) <i>Information related to sickle cell anemia.</i> Information related to sickle cell anemia
may be released to a blood relative of a deceased veteran for medical follow-up or family planning
purposes.
</p>
<p>(Authority: 38 U.S.C. 7332(b)(3))
</p>
<p><b>&#167; 1.466
 Security for records.
</b></p>
<p>(a) Written records which are subject to &#167;&#167; 1.460 through 1.499 of this part
must be maintained in a secure room, locked file cabinet, safe or other similar container when not
in use. Access to information stored in computers will be limited to authorized VA employees who
have a need for the information in performing their duties. These security precautions shall be
consistent with the Privacy Act of 1974 (5 U.S.C. 552a).
</p>
<p>(b) Each VA facility shall adopt in writing procedures related to the access to and use of
records which are subject to &#167;&#167; 1.460 through 1.499 of this part.
</p>
<p>(Authority: 38 U.S.C. 7334)
</p>
<p><b>&#167; 1.467
 Restrictions on the use of identification cards and public signs.
</b></p>
<p>(a) No facility may require any patient to carry on their person while away from the
facility premises any card or other object which would identify the patient as a participant in any
VA drug abuse, alcoholism or alcohol abuse, HIV infection, or sickle cell anemia treatment program.
A facility may require patients to use or carry cards or other identification objects on the
premises of a facility. Patients may not be required to wear clothing or colored identification
bracelets or display objects openly to all facility staff or others which would identify them as
being treated for drug or alcohol abuse, HIV infection, or sickle cell anemia.
</p>
<p>(b) Treatment locations should not be identified by signs that would identify individuals
entering or exiting these locations as patients enrolled in a drug or alcohol abuse, HIV infection,
or sickle cell anemia program or activity.
</p>
<p>(Authority: 38 U.S.C. 7334)
</p>
<p><b>&#167; 1.468
 Relationship to Federal statutes protecting research subjects against compulsory disclosure of
 their identity.
</b></p>
<p>(a) <i>Research privilege description.</i> There may be concurrent coverage of patient
identifying information by the provisions of &#167;&#167; 1.460 through 1.499 of this part and
by administrative action taken under Sec. 303(a) of the Public Health Service Act (42 U.S.C. 241(d)
and the implementing regulations at 42 CFR Part 2a); or Sec. 502(c) of the Controlled Substances Act
(21 U.S.C. 872(c) and the implementing regulations at 21 CFR 1316.21). These "research privilege"
statutes confer on the Secretary of Health and Human Services and on the Attorney General,
respectively, the power to authorize researchers conducting certain types of research to withhold
from all persons not connected with the research the names and other identifying information
concerning individuals who are the subjects of the research.
</p>
<p>(b) <i>Effect of concurrent coverage.</i> Sections 1.460 through 1.499 of this part restrict the
disclosure and use of information about patients, while administrative action taken under the
research privilege statutes and implementing regulations protects a person engaged in applicable
research from being compelled to disclose any identifying characteristics of the individuals who are
the subjects of that research. The issuance under &#167;&#167; 1.490 through 1.499 of this part
of a court order authorizing a disclosure of information about a patient does not affect an exercise
of authority under these research privilege statutes. However, the research privilege granted under
21 CFR 291.505(g) to treatment programs using methadone for maintenance treatment does not protect
from compulsory disclosure any information which is permitted to be disclosed under those
regulations. Thus, if a court order entered in accordance with &#167;&#167; 1.490 through 1.499
of this part authorizes a VA facility to disclose certain information about its patients, the
facility may not invoke the research privilege under 21 CFR 291.505(g) as a defense to a subpoena
for that information.
</p>
<p>(Authority: 38 U.S.C. 7334)
</p>
<p><b>&#167; 1.469
 Patient access and restrictions on use.
</b></p>
<p>(a) <i>Patient access not prohibited.</i> Sections 1.460 through 1.499 of this part do not
prohibit a facility from giving a patient access to his or her own records, including the
opportunity to inspect and copy any records that VA maintains about the patient, subject to the
provisions of the Privacy Act (5 U.S.C. 552a(d)(1)) and 38 CFR 1.577. If the patient is accompanied,
giving access to the patient and the accompanying person will require a written consent by the
patient which is provided in accordance with &#167; 1.475 of this part.
</p>
<p>(b) <i>Restrictions on use of information.</i> Information obtained by patient access to patient
record is subject to the restriction on use of this information to initiate or substantiate any
criminal charges against the patient or to conduct any criminal investigation of the patient as
provided for under &#167; 1.461(d)(1) of this part.
</p>
<p>(Authority: 38 U.S.C. 7334)
</p>
<p><b>&#167;&#167; 1.470-1.474 [Reserved]</b></p>
<p><b>Disclosures With Patient's Consent
</b></p>
<p><b>&#167; 1.475
 Form of written consent.
</b></p>
<p>(a) <i>Required elements.</i> A written consent to a disclosure under &#167;&#167; 
1.460 through 1.499 of this part must include:
</p>
<p>(1) The name of the facility permitted to make the disclosure (such a designation does not
preclude the release of records from other VA health care facilities unless a restriction is stated
on the consent).
</p>
<p>(2) The name or title of the individual or the name of the organization to which disclosure is to
be made.
</p>
<p>(3) The name of the patient.
</p>
<p>(4) The purpose of the disclosure.
</p>
<p>(5) How much and what kind of information is to be disclosed.
</p>
<p>(6) The signature of the patient and, when required for a patient who is a minor, the signature
of a person authorized to give consent under &#167; 1.464 of this part; or, when required for a
patient who is incompetent or deceased, the signature of a person authorized to sign under
&#167; 1.465 of this part in lieu of the patient.
</p>
<p>(7) The date on which the consent is signed.
</p>
<p>(8) A statement that the consent is subject to revocation at any time except to the extent that
the facility which is to make the disclosure has already acted in reliance on it. Acting in reliance
includes the provision of treatment services in reliance on a valid consent to disclose information
to a third party payer.
</p>
<p>(9) The date, event, or condition upon which the consent will expire if not revoked before. This
date, event, or condition must ensure that the consent will last no longer than reasonably necessary
to serve the purpose for which it is given.
</p>
<p>(b) <i>Expired, deficient, or false consent.</i> A disclosure may not be made on the basis of a
consent which:
</p>
<p>(1) Has expired;
</p>
<p>(2) On its face substantially fails to conform to any of the requirements set forth in paragraph
(a) of this section;
</p>
<p>(3) Is known to have been revoked; or
</p>
<p>(4) Is known, or through a reasonable effort could be known, by responsible personnel of VA to be
materially false.
</p>
<p>(c) <i>Notification of deficient consent.</i> Other than the patient, no person or entity may be
advised that a special consent is required in order to disclose information relating to an
individual participating in a drug abuse, alcoholism or alcohol abuse, HIV, or sickle cell anemia
program or activity. Where a person or entity presents VA with an insufficient written consent for
information protected by 38 U.S.C. 7332, VA must, in the process of obtaining a legally sufficient
consent, correspond only with the patient whose records are involved, or the legal guardian of an
incompetent patient or next of kin of a deceased patient, and not with any other person.
</p>
<p>(d) It is not necessary to use any particular form to establish a consent referred to in
paragraph (a) of this section, however, VA Form 10-5345, titled Request for and Consent to
Release of Medical Records Protected by 38 U.S.C. 7332, may be used for such purpose.
</p>
<p>(Authority: 38 U.S.C. 7332(a)(2) and (b)(1))
</p>
<p><b>&#167; 1.476
 Prohibition on redisclosure.
</b></p>
<p>Each disclosure under &#167;&#167; 1.460 through 1.499 of this part made with the
patient's written consent must be accompanied by a written statement similar to the following:

</p>
<p>This information has been disclosed to you from records protected by Federal confidentiality
rules (38 CFR Part 1). The Federal rules prohibit you from making any further disclosure of this
information unless further disclosure is expressly permitted by the written consent of the person to
whom it pertains or as otherwise permitted by 38 CFR Part 1. A general authorization for the release
of medical or other information is NOT sufficient for this purpose. The Federal rules restrict any
use of the information to criminally investigate or prosecute any alcohol or drug abuse patient or
patient with sickle cell anemia or HIV infection.
</p>
<p>(Authority: 38 U.S.C. 7334)
</p>
<p><b>&#167; 1.477
 Disclosures permitted with written consent.
</b></p>
<p>If a patient consents to a disclosure of his or her records under &#167; 1.475 of this
part, a facility may disclose those records in accordance with that consent to any individual or
organization named in the consent, except that disclosures to central registries and in connection
with criminal justice referrals must meet the requirements of &#167;&#167; 1.478 and 1.479 of
this part, respectively.
</p>
<p>(Authority: 38 U.S.C. 7332(b)(1))
</p>
<p><b>&#167; 1.478
 Disclosures to prevent multiple enrollments in detoxification and maintenance treatment programs;
 not applicable to records relating to sickle cell anemia or infection with the human
 immunodeficiency virus.
</b></p>
<p>(a) <i>Definitions.</i> For purposes of this section:
</p>
<p>(1) <i>Central registry</i> means an organization which obtains from two or more member programs
patient identifying information about individuals applying for maintenance treatment or
detoxification treatment for the purpose of avoiding an individual's concurrent enrollment in more
than one program.
</p>
<p>(2) <i>Detoxification treatment</i> means the dispensing of a narcotic drug in decreasing doses
to an individual in order to reduce or eliminate adverse physiological or psychological effects
incident to withdrawal from the sustained use of a narcotic drug.
</p>
<p>(3) <i>Maintenance treatment</i> means the dispensing of a narcotic drug in the treatment of an
individual for dependence upon heroin or other morphine-like drugs.
</p>
<p>(4) <i>Member program</i> means a non-VA detoxification treatment or maintenance treatment
program which reports patient identifying information to a central registry and which is in the same
State as that central registry or is not more than 125 miles from any border of the State in which
the central registry is located.
</p>
<p>(b) <i>Restrictions on disclosure.</i> VA may disclose patient records to a central registry
which is located in the same State or is not more than 125 miles from any border of the State or to
any non-VA detoxification or maintenance treatment program not more than 200 miles away for the
purpose of preventing the multiple enrollment of a patient only if:
</p>
<p>(1) The disclosure is made when:
</p>
<p>(i) The patient is accepted for treatment;
</p>
<p>(ii) The type or dosage of the drug is changed; or
</p>
<p>(iii) The treatment is interrupted, resumed or terminated.
</p>
<p>(2) The disclosure is limited to:
</p>
<p>(i) Patient identifying information;
</p>
<p>(ii) Type and dosage of the drug; and
</p>
<p>(iii) Relevant dates.
</p>
<p>(3) The disclosure is made with the patient's written consent meeting the requirements of
&#167; 1.475 of this part, except that:
</p>
<p>(i) The consent must list the name and address of each central registry and each known non-VA
detoxification or maintenance treatment program to which a disclosure will be made; and
</p>
<p>(ii) The consent may authorize a disclosure to any non-VA detoxification or maintenance treatment
program established within 200 miles after the consent is given without naming any such program.
</p>
<p>(c) <i>Use of information limited to prevention of multiple enrollments.</i> A central registry
and any non-VA detoxification or maintenance treatment program to which information is disclosed to
prevent multiple enrollments may not redisclose or use patient identifying information for any
purpose other than the prevention of multiple enrollments unless authorized by a court order under
&#167;&#167; 1.490 through 1.499 of this part.
</p>
<p>(Authority: 38 U.S.C. 7334)
</p>
<p><b>&#167; 1.479
 Disclosures to elements of the criminal justice system which have referred patients.
</b></p>
<p>(a) VA may disclose information about a patient from records covered by &#167;&#167; 
1.460 through 1.499 of this part to those persons within the criminal justice system which have made
participation in a VA treatment program a condition of the disposition of any criminal proceedings
against the patient or of the patient's parole or other release from custody if:
</p>
<p>(1) The disclosure is made only to those individuals within the criminal justice system who have
a need for the information in connection with their duty to monitor the patient's progress (e.g., a
prosecuting attorney who is withholding charges against the patient, a court granting pretrial or
posttrial release, probation or parole officers responsible for supervision of the patient); and
</p>
<p>(2) The patient has signed a written consent as a condition of admission to the treatment program
meeting the requirements of &#167; 1.475 of this part (except paragraph (a)(8) which is
inconsistent with the revocation provisions of paragraph (c) of this section) and the requirements
of paragraphs (b) and (c) of this section.
</p>
<p>(b) <i>Duration of consent.</i> The written consent must state the period during which it remains
in effect. This period must be reasonable, taking into account:
</p>
<p>(1) The anticipated length of the treatment recognizing that revocation of consent may not
generally be effected while treatment is ongoing;
</p>
<p>(2) The type of criminal proceeding involved, the need for the information in connection with the
final disposition of that proceeding, and when the final disposition will occur; and
</p>
<p>(3) Such other factors as the facility, the patient, and the person(s) who will receive the
disclosure consider pertinent.
</p>
<p>(c) <i>Revocation of consent.</i> The written consent must state that it is revocable upon the
passage of a specified amount of time or the occurrence of a specified, ascertainable event. The
time or occurrence upon which consent becomes revocable may be no earlier than the individual's
completion of the treatment program and no later than the final disposition of the conditional
release or other action in connection with which consent was given.
</p>
<p>(d) <i>Restrictions on redisclosure and use.</i> A person who receives patient information under
this section may redisclose and use it only to carry out that person's official duties with regard
to the patient's conditional release or other action in connection with which the consent was given,
including parole.
</p>
<p>(Authority: 38 U.S.C. 7334)
</p>
<p><b>&#167;&#167; 1.480-1.484 [Reserved]</b></p>
<p><b>Disclosures Without Patient Consent
</b></p>
<p><b>&#167; 1.485
 Medical emergencies.
</b></p>
<p>(a) <i>General rule.</i> Under the procedures required by paragraph (c) of this section,
patient identifying information from records covered by &#167;&#167; 1.460 through 1.499 of
this part may be disclosed to medical personnel who have a need for information about a patient for
the purpose of treating a condition which poses an immediate threat to the health of any individual
and which requires immediate medical intervention.
</p>
<p>(b) <i>Special rule.</i> Patient identifying information may be disclosed to medical personnel of
the Food and Drug Administration (FDA) who assert a reason to believe that the health of any
individual may be threatened by an error in the manufacture, labeling, or sale of a product under
FDA jurisdiction, and that the information will be used for the exclusive purpose of notifying
patients or their physicians of potential dangers.
</p>
<p>(c) <i>Procedures.</i> Immediately following disclosure, any VA employee making an oral
disclosure under authority of this section shall make an accounting of the disclosure in accordance
with the Privacy Act (5 U.S.C. 552a(c) and 38 CFR 1.576(c)) and document the disclosure in the
patient's records setting forth in writing:
</p>
<p>(1) The name and address of the medical personnel to whom disclosure was made and their
affiliation with any health care facility;
</p>
<p>(2) The name of the individual making the disclosure;
</p>
<p>(3) The date and time of the disclosure;
</p>
<p>(4) The nature of the emergency (or error, if the report was to FDA);
</p>
<p>(5) The information disclosed; and
</p>
<p>(6) The authority for making the disclosure (&#167; 1.485 of this part).
</p>
<p>(Authority: 38 U.S.C. 7332(b)(2)(A))
</p>
<p><b>&#167; 1.485a
 Eye, organ and tissue donation.
</b></p>
<p>A VHA health care facility may disclose the individually-identified medical record
information of an individual covered by &#167;&#167; 1.460 through 1.499 of this part to an
authorized representative of a procurement organization for the purpose of facilitating
determination of whether the individual is a suitable potential organ, eye, or tissue donor if:
</p>
<p>(a) The individual is currently an inpatient in a VHA health care facility;
</p>
<p>(b) The individual is, in the clinical judgment of the individual's primary health care provider,
near death or deceased;
</p>
<p>(c) The VHA health care facility has a signed agreement with the procurement organization in
accordance with the applicable requirements of the United States Department of Health and Human
Services (HHS); and
</p>
<p>(d) The VHA health care facility has confirmed with HHS that it has certified or recertified the
organ procurement organization as provided in the applicable HHS regulations. VA medical centers
must verify annually in January of each calendar year with the Food and Drug Administration (FDA)
that an eye bank and tissue bank has complied with the FDA registration requirements of 21 CFR part
1271 before permitting an eye bank or tissue bank to receive protected health information.

</p>
<p>(Authority: 38 U.S.C. 5701(k), 7332(b)(2)(E))
</p>
<p>[72 FR 48242, Aug. 23, 2007]
</p>
<p><b>&#167; 1.486
 Disclosure of information related to infection with the human immunodeficiency virus to public
 health authorities.
</b></p>
<p>(a) In the case of any record which is maintained in connection with the performance of any
program or activity relating to infection with the HIV, information may be disclosed to a Federal,
State, or local public health authority, charged under Federal or State law with the protection of
the public health, and to which Federal or State law requires disclosure of such record, if a
qualified representative of such authority has made a written request that such record be provided
as required pursuant to such law for a purpose authorized by such law. In the case of a State law,
such law must, in order for VA to be able to release patient name and address information in
accordance with 38 U.S.C. 5701(f)(2), provide for a penalty or fine or other sanction to be assessed
against those individuals who are subject to the jurisdiction of the public health authority but
fail to comply with the reporting requirements.
</p>
<p>(b) A person to whom a record is disclosed under this section may not redisclose or use such
record for a purpose other than that for which the disclosure was made.
</p>
<p>(Authority: 38 U.S.C. 7332(b)(2)(C))
</p>
<p><b>&#167; 1.487
 Disclosure of information related to infection with the human immunodeficiency virus to the spouse
 or sexual partner of the patient.
</b></p>
<p>(a) Subject to paragraph (b) of this section, a physician or a professional counselor may
disclose information or records indicating that a patient is infected with the HIV if the disclosure
is made to the spouse of the patient, or to an individual whom the patient has, during the process
of professional counseling or of testing to determine whether the patient is infected with such
virus, identified as being a sexual partner of such patient.
</p>
<p>(b) A disclosure under this section may be made only if the physician or counselor, after making
reasonable efforts to counsel and encourage the patient to provide the information to the spouse or
sexual partner, reasonably believes that the patient will not provide the information to the spouse
or sexual partner and that the disclosure is necessary to protect the health of the spouse or sexual
partner.
</p>
<p>(c) A disclosure under this section may be made by a physician or counselor other than the
physician or counselor referred to in paragraph (b) of this section if such physician or counselor
is unavailable by reason of extended absence or termination of employment to make the disclosure.
</p>
<p>(Authority: 38 U.S.C. 7332(b))
</p>
<p><b>&#167; 1.488
 Research activities.
</b></p>
<p>Subject to the provisions of 38 U.S.C. 5701, 38 CFR 1.500-1.527, the Privacy Act (5
U.S.C. 552a), 38 CFR 1.575-1.584 and the following paragraphs, patient medical record
information covered by &#167;&#167; 1.460 through 1.499 of this part may be disclosed for the
purpose of conducting scientific research.
</p>
<p>(a) Information in individually identifiable form may be disclosed from records covered by
&#167;&#167; 1.460 through 1.499 of this part for the purpose of conducting scientific research
if the Under Secretary for Health or designee makes a determination that the recipient of the
patient identifying information:
</p>
<p>(1) Is qualified to conduct the research.
</p>
<p>(2) Has a research protocol under which the information:
</p>
<p>(i) Will be maintained in accordance with the security requirements of &#167; 1.466 of this
part (or more stringent requirements); and
</p>
<p>(ii) Will not be redisclosed except as permitted under paragraph (b) of this section.
</p>
<p>(3) Has furnished a written statement that the research protocol has been reviewed by an
independent group of three or more individuals who found that the rights of patients would be
adequately protected and that the potential benefits of the research outweigh any potential risks to
patient confidentiality posed by the disclosure of records.
</p>
<p>(b) A person conducting research may disclose information obtained under paragraph (a) of this
section only back to VA and may not identify any individual patient in any report of that research
or otherwise disclose patient identities.
</p>
<p>(Authority: 38 U.S.C. 7332(b)(2)(B))
</p>
<p><b>&#167; 1.489
 Audit and evaluation activities.
</b></p>
<p>Subject to the provisions of 38 U.S.C. 5701, 38 CFR 1.500-1.527, the Privacy Act (5
U.S.C. 552a), 38 CFR 1.575-1.584, and the following paragraphs, patient medical records
covered by &#167;&#167; 1.460 through 1.499 of this part may be disclosed outside VA for the
purposes of conducting audit and evaluation activities.
</p>
<p>(a) <i>Records not copies.</i> If patient records covered by &#167;&#167; 1.460 through
1.499 of this part are not copied, patient identifying information may be disclosed in the course of
a review of records on VA facility premises to any person who agrees in writing to comply with the
limitations on redisclosure and use in paragraph (d) of this section and:
</p>
<p>(1) Where audit or evaluation functions are performed by a State or Federal governmental agency
on behalf of VA; or
</p>
<p>(2) Who is determined by the VA facility director to be qualified to conduct the audit or
evaluation activities.
</p>
<p>(b) <i>Copying of records.</i> Records containing patient identifying information may be copied
by any person who:
</p>
<p>(1) Agrees in writing to:
</p>
<p>(i) Maintain the patient identifying information in accordance with the security requirements
provided in &#167; 1.466 of this part (or more stringent requirements);
</p>
<p>(ii) Destroy all the patient identifying information upon completion of the audit or evaluation;
and
</p>
<p>(iii) Comply with the limitations on disclosure and use in paragraph (d) of this section.
</p>
<p>(2) The VA medical facility director determines to be qualified to conduct the audit or
evaluation activities.
</p>
<p>(c) <i>Congressional oversight.</i> Records subject to &#167;&#167; 1.460 through 1.499 of
this part upon written request may be released to congressional committees or subcommittees for
program oversight and evaluation if such records pertain to any matter within the jurisdiction of
such committee or subcommittee.
</p>
<p>(d) <i>Limitation on disclosure and use.</i> Records containing patient identifying information
disclosed under this section may be disclosed only back to VA and used only to carry out an audit or
evaluation purpose, or, to investigate or prosecute criminal or other activities as authorized by a
court order entered under &#167; 1.494 of this part.
</p>
<p>(Authority: 38 U.S.C. 7332(b)(2)(B))</p>
<p><b>Court Orders Authorizing Disclosures and Use
</b></p>
<p><b>&#167; 1.490
 Legal effect of order.
</b></p>
<p>The records to which &#167;&#167; 1.460 through 1.499 of this part apply may be
disclosed if authorized by an appropriate order of a court of competent jurisdiction granted after
application showing good cause therefore. In assessing good cause the court is statutorily required
to weigh the public interest and the need for disclosure against the injury to the patient or
subject, to the physician-patient relationship, and to the treatment services. Upon the granting of
such order, the court, in determining the extent to which any disclosure of all or any part of any
record is necessary, is required by statute to impose appropriate safeguards against unauthorized
disclosure. An order of a court of competent jurisdiction to produce records subject to
&#167;&#167; 1.460 through 1.499 of this part will not be sufficient unless the order reflects
that the court has complied with the requirements of 38 U.S.C. 7332(b)(2)(D). Such an order from a
Federal court compels disclosure. However, such an order from a State court only acts to authorize
the Secretary to exercise discretion pursuant to 38 U.S.C. 5701(b)(5) and 38 CFR 1.511 to disclose
such records. It does not compel disclosure.
</p>
<p>(Authority: 38 U.S.C. 7332(b)(2)(D))
</p>
<p><b>&#167; 1.491
 Confidential communications.
</b></p>
<p>(a) A court order under &#167;&#167; 1.490 through 1.499 of this part may authorize
disclosure of confidential communications made by a patient to a treatment program in the course of
diagnosis, treatment, or referral for treatment only if:
</p>
<p>(1) The disclosure is necessary to protect against an existing threat to life or of serious
bodily injury, including circumstances which constitute suspected child abuse and neglect and verbal
threats against third parties;
</p>
<p>(2) The disclosure is necessary in connection with investigation or prosecution of an extremely
serious crime, such as one which directly threatens loss of life or serious bodily injury, including
homicide, rape, kidnapping, armed robbery, assault with a deadly weapon, or child abuse and neglect;
or
</p>
<p>(3) The disclosure is in connection with litigation or an administrative proceeding in which the
patient offers testimony or other evidence pertaining to the content of the confidential
communications.
</p>
<p>(b) [Reserved]
</p>
<p>(Authority: 38 U.S.C. 7334)
</p>
<p><b>&#167; 1.492
 Order not applicable to records disclosed without consent to researchers, auditors and evaluators.
</b></p>
<p>A court order under &#167;&#167; 1.460 through 1.499 of this part may not authorize
qualified personnel, who have received patient identifying information from VA without consent for
the purpose of conducting research, audit or evaluation, to disclose that information or use it to
conduct any criminal investigation or prosecution of a patient. However, a court order under
&#167; 1.495 of this part may authorize disclosure and use of records to investigate or
prosecute VA personnel.
</p>
<p>(Authority: 38 U.S.C. 7334)
</p>
<p><b>&#167; 1.493
 Procedures and criteria for orders authorizing disclosures for noncriminal purposes.
</b></p>
<p>(a) <i>Application.</i> An order authorizing the disclosure of patient records covered by
&#167;&#167; 1.460 through 1.499 of this part for purposes other than criminal investigation or
prosecution may be applied for by any person having a legally recognized interest in the disclosure
which is sought. The application may be filed separately or as part of a pending civil action in
which it appears that the patient records are needed to provide evidence. An application must use a
fictitious name, such as John Doe, to refer to any patient and may not contain or otherwise disclose
any patient identifying information unless the patient is the applicant or has given a written
consent (meeting the requirements of &#167; 1.475 of this part) to disclosure or the court has
ordered the record of the proceeding sealed from public scrutiny.
</p>
<p>(b) <i>Notice.</i> The patient and VA facility from whom disclosure is sought must be given:
</p>
<p>(1) Adequate notice in a manner which will not disclose patient identifying information to other
persons; and
</p>
<p>(2) An opportunity to file a written response to the application, or to appear in person, for the
limited purpose of providing evidence on whether the statutory and regulatory criteria for the
issuance of the court order are met.
</p>
<p>(c) <i>Review of evidence: Conduct of hearing.</i> Any oral argument, review of evidence, or
hearing on the application must be held in the judge's chambers or in some manner which ensures that
patient identifying information is not disclosed to anyone other than a party to the proceeding, the
patient, or VA, unless the patient requests an open hearing in a manner which meets the written
consent requirements of &#167; 1.475 of this part. The proceeding may include an examination by
the judge of the patient records referred to in the application.
</p>
<p>(d) <i>Criteria for entry of order.</i> An order under this section may be entered only if the
court determines that good cause exists. To make this determination the court must find that:
</p>
<p>(1) Other ways of obtaining the information are not available or would not be effective; and
</p>
<p>(2) The public interest and need for the disclosure outweigh the potential injury to the patient,
the physician-patient relationship and the treatment services.
</p>
<p>(e) <i>Content of order.</i> An order authorizing a disclosure must:
</p>
<p>(1) Limit disclosure to those parts of the patient's record which are essential to fulfill the
objective of the order;
</p>
<p>(2) Limit disclosure to those persons whose need for information is the basis for the order; and
</p>
<p>(3) Include such other measures as are necessary to limit disclosure for the protection of the
patient, the physician-patient relationship and the treatment services; for example, sealing from
public scrutiny the record of any proceeding for which disclosure of a patient's record has been
ordered.
</p>
<p>(Authority: 38 U.S.C. 7334)
</p>
<p><b>&#167; 1.494
 Procedures and criteria for orders authorizing disclosure and use of records to criminally
 investigate or prosecute patients.
</b></p>
<p>(a) <i>Application.</i> An order authorizing the disclosure or use of patient records
covered by &#167;&#167; 1.460 through 1.499 of this part to criminally investigate or prosecute
a patient may be applied for by VA or by any person conducting investigative or prosecutorial
activities with respect to the enforcement of criminal laws. The application may be filed
separately, as part of an application for a subpoena or other compulsory process, or in a pending
criminal action. An application must use a fictitious name such as John Doe, to refer to any patient
and may not contain or otherwise disclose patient identifying information unless the court has
ordered the record of the proceeding sealed from public scrutiny.
</p>
<p>(b) <i>Notice and hearing.</i> Unless an order under &#167; 1.495 of this part is sought
with an order under this section, VA must be given:
</p>
<p>(1) Adequate notice (in a manner which will not disclose patient identifying information to third
parties) of an application by a person performing a law enforcement function;
</p>
<p>(2) An opportunity to appear and be heard for the limited purpose of providing evidence on the
statutory and regulatory criteria for the issuance of the court order; and
</p>
<p>(3) An opportunity to be represented by counsel.
</p>
<p>(c) <i>Review of evidence: Conduct of hearings.</i> Any oral argument, review of evidence, or
hearing on the application shall be held in the judge's chambers or in some other manner which
ensures that patient identifying information is not disclosed to anyone other than a party to the
proceedings, the patient, or VA. The proceeding may include an examination by the judge of the
patient records referred to in the application.
</p>
<p>(d) <i>Criteria.</i> A court may authorize the disclosure and use of patient records for the
purpose of conducting a criminal investigation or prosecution of a patient only if the court finds
that all of the following criteria are met:
</p>
<p>(1) The crime involved is extremely serious, such as one which causes or directly threatens loss
of life or serious bodily injury including, but not limited to, homicide, rape, kidnapping, armed
robbery, assault with a deadly weapon, and child abuse and neglect.
</p>
<p>(2) There is a reasonable likelihood that the records will disclose information of substantial
value in the investigation or prosecution.
</p>
<p>(3) Other ways of obtaining the information are not available or would not be effective.
</p>
<p>(4) The potential injury to the patient, to the physician-patient relationship and to the ability
of VA to provide services to other patients is outweighed by the public interest and the need for
the disclosure.
</p>
<p>(5) If the applicant is a person performing a law enforcement function, VA has been represented
by counsel independent of the applicant.
</p>
<p>(e) <i>Content of order.</i> Any order authorizing a disclosure or use of patient records under
this section must:
</p>
<p>(1) Limit disclosure and use to those parts of the patient's record which are essential to
fulfill the objective of the order;
</p>
<p>(2) Limit disclosure to those law enforcement and prosecutorial officials who are responsible
for, or are conducting, the investigation or prosecution, and limit their use of the records to
investigation and prosecution of extremely serious crime or suspected crime specified in the
applications; and
</p>
<p>(3) Include such other measures as are necessary to limit disclosure and use to the fulfillment
on only that public interest and need found by the court.
</p>
<p>(Authority: 38 U.S.C. 7332(c))
</p>
<p><b>&#167; 1.495
 Procedures and criteria for orders authorizing disclosure and use of records to investigate or
 prosecute VA or employees of VA.
</b></p>
<p>(a) <i>Application.</i> (1) An order authorizing the disclosure or use of patient records
covered by &#167;&#167; 1.460 through 1.499 of this part to criminally or administratively
investigate or prosecute VA (or employees or agents of VA) may be applied for by an administrative,
regulatory, supervisory, investigative, law enforcement, or prosecutorial agency having jurisdiction
over VA activities.
</p>
<p>(2) The application may be filed separately or as part of a pending civil or criminal action
against VA (or agents or employees of VA) in which it appears that the patient records are needed to
provide material evidence. The application must use a fictitious name, such as John Doe, to refer to
any patient and may not contain or otherwise disclose any patient identifying information unless the
court has ordered the record of the proceeding sealed from public scrutiny or the patient has given
a written consent (meeting the requirements of &#167; 1.475 of this part) to that disclosure.
</p>
<p>(b) <i>Notice not required.</i> An application under this section may, in the discretion of the
court, be granted without notice. Although no express notice is required to VA or to any patient
whose records are to be disclosed, upon implementation of an order so granted VA or the patient must
be afforded an opportunity to seek revocation or amendment of that order, limited to the
presentation of evidence on the statutory and regulatory criteria for the issuance of the court
order.
</p>
<p>(c) <i>Requirements for order.</i> An order under this section must be entered in accordance
with, and comply with the requirements of, &#167; 1.493(d) and (e) of this part.
</p>
<p>(d) <i>Limitations on disclosure and use of patient identifying information.</i> (1) An order
entered under this section must require the deletion of patient identifying information from any
documents made available to the public.
</p>
<p>(2) No information obtained under this section may be used to conduct any investigation or
prosecution of a patient, or be used as the basis for an application for an order under &#167; 
1.494 of this part.
</p>
<p>(Authority: 38 U.S.C. 7334)
</p>
<p><b>&#167; 1.496
 Orders authorizing the use of undercover agents and informants to criminally investigate employees
 or agents of VA.
</b></p>
<p>(a) <i>Application.</i> A court order authorizing the placement of an undercover agent or
informant in a VA drug or alcohol abuse, HIV infection, or sickle cell anemia treatment program as
an employee or patient may be applied for by any law enforcement or prosecutorial agency which has
reason to believe that employees or agents of the VA treatment program are engaged in criminal
misconduct.
</p>
<p>(b) <i>Notice.</i> The VA facility director must be given adequate notice of the application and
an opportunity to appear and be heard (for the limited purpose of providing evidence on the
statutory and regulatory criteria for the issuance of the court order), unless the application
asserts a belief that:
</p>
<p>(1) The VA facility director is involved in the criminal activities to be investigated by the
undercover agent or informant; or
</p>
<p>(2) The VA facility director will intentionally or unintentionally disclose the proposed
placement of an undercover agent or informant to the employees or agents who are suspected of
criminal activities.
</p>
<p>(c) <i>Criteria.</i> An order under this section may be entered only if the court determines that
good cause exists. To make this determination the court must find:
</p>
<p>(1) There is reason to believe that an employee or agent of a VA treatment program is engaged in
criminal activity;
</p>
<p>(2) Other ways of obtaining evidence of this criminal activity are not available or would not be
effective; and
</p>
<p>(3) The public interest and need for the placement of an undercover agent or informant in the VA
treatment program outweigh the potential injury to patients of the program, physician-patient
relationships and the treatment services.
</p>
<p>(d) <i>Content of order.</i> An order authorizing the placement of an undercover agent or
informant in a VA treatment program must:
</p>
<p>(1) Specifically authorize the placement of an undercover agent or an informant;
</p>
<p>(2) Limit the total period of the placement to six months;
</p>
<p>(3) Prohibit the undercover agent or informant from disclosing any patient identifying
information obtained from the placement except as necessary to criminally investigate or prosecute
employees or agents of the VA treatment program; and
</p>
<p>(4) Include any other measures which are appropriate to limit any potential disruption of the
program by the placement and any potential for a real or apparent breach of patient confidentiality;
for example, sealing from public scrutiny the record of any proceeding for which disclosure of a
patient's record has been ordered.
</p>
<p>(e) <i>Limitation on use of information.</i> No information obtained by an undercover agent or
informant placed under this section may be used to criminally investigate or prosecute any patient
or as the basis for an application for an order under &#167; 1.494 of this part.
</p>
<p>(Authority: 38 U.S.C. 7334)
</p>
<p><b>&#167;&#167; 1.497-1.499 [Reserved]</b></p>
<p><b>Release of Information From Department of Veterans Affairs Claimant Records
</b></p>
<p><b>Note:</b></p>
<p>Sections 1.500 through 1.527 concern the availability and release of
information from files, records, reports, and other papers and documents in Department of Veterans
Affairs custody pertaining to claims under any of the laws administered by the Department of
Veterans Affairs. As to the release of information from Department of Veterans Affairs records other
than claimant records, see &#167;&#167; 1.550 through 1.558. Sections 1.500 through 1.526
implement the provisions of 38 U.S.C. 5701, 5702.
</p>
<p>[32 FR 10848, July 25, 1967]
</p>
<p><b>Authority:</b> Sections 1.500 to 1.527 issued under 72 Stat. 1114, 1236, as amended; 38 U.S.C.
501, 5701.
</p>
<p><b>&#167; 1.500
 General.
</b></p>
<p>(a) Files, records, reports, and other papers and documents pertaining to any claim filed
with the Department of Veterans Affairs, whether pending or adjudicated, and the names and addresses
of present or former personnel of the armed services, and their dependents, in the possession of the
Department of Veterans Affairs, will be deemed confidential and privileged, and no disclosure
therefrom will be made except in the circumstances and under the conditions set forth in
&#167;&#167; 1.501 through 1.526.
</p>
<p>(b) A claimant may not have access to or custody of official Department of Veterans Affairs
records concerning himself or herself nor may a claimant inspect records concerning himself or
herself. Disclosure of information from Department of Veterans Affairs records to a claimant or his
or her duly authorized agent or representative may be made, however, under the provisions of
&#167;&#167; 1.501 through 1.526.
</p>
<p>(c) Each administration, staff office, and field facility head will designate an employee(s) who
will be responsible for initial action on (granting or denying) requests to inspect or obtain
information from or copies of records under their jurisdiction and within the purview of
&#167;&#167; 1.501 through 1.526 unless the regulations in this part currently contain such
designations. The request should be made to the office concerned (having jurisdiction of the record
desired) or, if not known, to the Director or Veterans Assistance Officer in the nearest VA regional
office, or to the VA Central Office, 810 Vermont Avenue NW., Washington, DC 20420. Personal contacts
should normally be made during the regular duty hours of the office concerned, which are 8 a.m. to
4:30 p.m., Monday through Friday, for VA Central Office and most field facilities. Any legal
question arising in a field facility concerning the release of information will be referred to the
appropriate Regional Counsel for disposition as contemplated by &#167; 13.401 of this chapter.
In central office such legal questions will be referred to the General Counsel. Any administrative
question will be referred through administrative channels to the appropriate administration or staff
office head.
</p>
<p>(d) Upon denial of a request under paragraph (c) of this section, the responsible Department of
Veterans Affairs official or designated employee will inform the requester in writing of the denial
and advise him or her that he or she may appeal the denial. The requester will also be furnished the
title and address of the Department of Veterans Affairs official to whom the appeal should be
addressed. (See &#167; 1.527.) In each instance of denial of a request, the denial will be made
a matter of record and the record will contain a citation to the specific provision of Department of
Veterans Affairs regulations upon which the denial is based.
</p>
<p>[24 FR 8174, Oct. 8, 1959, as amended at 32 FR 10848, July 25, 1967; 38 FR 15601, June 14, 1973]
</p>
<p><b>&#167; 1.501
 Release of information by the Secretary.
</b></p>
<p>The Secretary of Veterans Affairs or the Deputy Secretary may release information,
statistics, or reports to individuals or organizations when in the Secretary's or Deputy Secretary's
judgment such release would serve a useful purpose.
</p>
<p>[32 FR 10848, July 25, 1967, as amended at 54 FR 34980, Aug. 23, 1989]
</p>
<p><b>&#167; 1.502
 Disclosure of the amount of monetary benefits.
</b></p>
<p>The monthly rate of pension, compensation, dependency and indemnity compensation, retirement
pay, subsistence allowance, or educational assistance allowance of any beneficiary shall be made
known to any person who applies for such information.
</p>
<p>[32 FR 10848, July 25, 1967]
</p>
<p><b>&#167; 1.503
 Disclosure of information to a veteran or his or her duly authorized representative as to matters
 concerning the veteran alone.
</b></p>
<p>Information may be disclosed to a veteran or his or her duly authorized representative as to
matters concerning himself or herself alone when such disclosure would not be injurious to the
physical or mental health of the veteran. If the veteran be deceased, matters concerning him or her
may be disclosed to his widow, children, or next of kin if such disclosure will not be injurious to
the physical or mental health of the person in whose behalf information is sought or cause
repugnance or resentment toward the decedent.
</p>
<p>[13 FR 6999, Nov. 27, 1948]
</p>
<p><b>&#167; 1.504
 Disclosure of information to a widow, child, or other claimant.
</b></p>
<p>Information may be disclosed to a widow, widower, child, or other dependent parent or other
claimant, or the duly authorized representative of any of these persons as to matters concerning
such person alone when such disclosure will not be injurious to the physical or mental health of the
person to whom the inquiry relates. If the person concerning whom the information is sought is
deceased, matters concerning such person may be disclosed to the next of kin if the disclosures will
not be injurious to the physical or mental health of the person in whose behalf the information is
sought or cause repugnance or resentment toward the decedent.
</p>
<p>[13 FR 6999, Nov. 27, 1948, as amended at 54 FR 34980, Aug. 23, 1989]
</p>
<p><b>&#167; 1.505
 Genealogy.
</b></p>
<p>Information of a genealogical nature when its disclosure will not be detrimental to the
memory of the veteran and not prejudicial, so far as may be apparent, to the interests of any living
person or to the interests of the Government may be released by the Department of Veterans Affairs
or in the case of inactive records may be released by the Archivist of the United States if in the
Archivist's custody.
</p>
<p>[13 FR 6999, Nov. 27, 1948]
</p>
<p><b>&#167; 1.506
 Disclosure of records to Federal Government departments, State unemployment compensation agencies,
 and the Office of Servicemembers' Group Life Insurance.
</b></p>
<p>(a) All records or documents required for official purposes by any department or other
agency of the U.S. Government or any state unemployment compensation agency acting in an official
capacity for the Department of Veterans Affairs shall be furnished in response to an official
request, written, or oral, from such department or agency. If the requesting department or agency
does not indicate the purpose for which the records or documents are requested and there is doubt as
to whether they are to be used for official purposes, the requesting department or agency will be
asked to specify the purpose for which they are to be used.
</p>
<p>(b) The Under Secretary for Benefits, Director of Insurance Service, or designee of either in
Central Office, is authorized to release information to OSGLI (Office of Servicemembers' Group Life
Insurance) for the purpose of aiding in the settlement of a particular insurance case.
</p>
<p>[33 FR 2994, Feb. 15, 1968]
</p>
<p><b>&#167; 1.507
 Disclosures to members of Congress.
</b></p>
<p>Members of Congress shall be furnished in their official capacity in any case such
information contained in the Department of Veterans Affairs files as may be requested for official
use. However, in any unusual case, the request will be presented to the Secretary, Deputy Secretary,
or staff or administration head for personal action. When the requested information is of a type
which may not be furnished a claimant, the member of Congress shall be advised that the information
is furnished to him or her confidentially in his official capacity and should be so treated by him
or her. (See 38 U.S.C. 5701.) Information concerning the beneficiary designation of a United States
Government Life Insurance or National Service Life Insurance policy is deemed confidential and
privileged and during the insured's lifetime shall not be disclosed to anyone other than the insured
or his or her duly appointed fiduciary unless the insured or the fiduciary authorizes the release of
such information.
</p>
<p>[32 FR 10848, July 25, 1967]
</p>
<p><b>&#167; 1.508
 Disclosure in cases where claimants are charged with or convicted of criminal offenses.
</b></p>
<p>(a) Where incompetent claimants are charged with, or convicted of, offenses other than those
growing out of their relationship with the Department of Veterans Affairs and in which it is desired
to disclose information from the files and records of the Department of Veterans Affairs, the
Regional Counsel, Under Secretary for Benefits, Veterans Benefits Administration, or the General
Counsel if the General Counsel deems it necessary and proper, may disclose to the court having
jurisdiction so much of the information from the files and records of the Department of Veterans
Affairs relating to the mental condition of such beneficiaries, the same to be available as
evidence, as may be necessary to show the mental condition of the accused and the time of its onset.
This provision, however, does not alter the general procedure for handling offenses growing out of
relations with the Department of Veterans Affairs.
</p>
<p>(b) When desired by a U.S. district court, the Regional Counsel or the General Counsel may supply
information as to whether any person charged with crime served in the military or naval service of
the United States and whether the Department of Veterans Affairs has a file on such person. If the
file is desired either by the court or by the prosecution or defense, it may be produced only in
accord with &#167;&#167; 1.501 through 1.526.
</p>
<p>[21 FR 10375, Dec. 28, 1956, as amended at 32 FR 10848, July 25, 1967; 54 FR 34980, Aug. 23,
1989]
</p>
<p><b>&#167; 1.509
 Disclosure to courts in proceedings in the nature of an inquest.
</b></p>
<p>The Under Secretary for Benefits, Veterans Benefits Administration, Regional Counsels, and
facility heads are authorized to make disclosures to courts of competent jurisdiction of such files,
records, reports, and other documents as are necessary and proper evidence in proceedings in the
nature of an inquest into the mental competency of claimants and other proceedings incident to the
appointment and discharge of guardians, curators, or conservators to any court having jurisdiction
of such fiduciaries in all matters of appointment, discharge, or accounting in such courts.
</p>
<p>[32 FR 10848, July 25, 1967]
</p>
<p><b>&#167; 1.510
 Disclosure to insurance companies cooperating with the Department of Justice in the defense of
 insurance suits against the United States.
</b></p>
<p>Copies of records from the files of the Department of Veterans Affairs will, in the event of
litigation involving commercial insurance policies issued by an insurance company cooperating with
the Department of Justice in defense of insurance suits against the United States, be furnished to
such companies without charge, provided the claimant or his or her duly authorized representative
has authorized the release of the information contained in such records. If the release of
information is not authorized in writing by the claimant or his or her duly authorized
representative, information contained in the files may be furnished to such company if to withhold
same would tend to permit the accomplishment of a fraud or miscarriage of justice. However, before
such information may be released without the consent of the claimant, the request therefor must be
accompanied by an affidavit of the representative of the insurance company, setting forth that
litigation is pending, the character of the suit, and the purpose for which the information desired
is to be used. If such information is to be used adversely to the claimant, the affidavit must set
forth facts from which it may be determined by the General Counsel or Regional Counsel whether the
furnishing of the information is necessary to prevent the perpetration of a fraud or other
injustice. The averments contained in such affidavit should be considered in connection with the
facts shown by the claimant's file, and, if such consideration shows the disclosure of the record is
necessary and proper to prevent a fraud or other injustice, information as to the contents thereof
may be furnished to the insurance company or copies of the records may be furnished to the court,
workmen's compensation, or similar board in which the litigation is pending upon receipt of a
subpoena duces tecum addressed to the Secretary of Veterans Affairs, or the head of the office in
which the records desired are located. In the event the subpoena requires the production of the
file, as distinguished from the copies of the records, no expense to the Department of Veterans
Affairs may be involved in complying therewith, and arrangements must be made with the
representative of the insurance company causing the issuance of the subpoena to insure submission of
the file to the court without expense to the Department of Veterans Affairs.
</p>
<p>[32 FR 10848, July 25, 1967]
</p>
<p><b>&#167; 1.511
 Disclosure of claimant records in connection with judicial proceedings generally.
</b></p>
<p>(a)(1) Where a suit (or legal proceeding) has been threatened or instituted against the
Government, or a prosecution against a claimant has been instituted or is being contemplated, the
request of the claimant or his or her duly authorized representative for information, documents,
reports, etc., shall be acted upon by the General Counsel in Central Office, or the Regional Counsel
for the field facility, who shall determine the action to be taken with respect thereto. Where the
records have been sent to the Department of Justice in connection with any such suit (or legal
proceeding), the request will be referred to the Department of Justice, Washington, DC, through the
office of the General Counsel, for attention. Where the records have been sent to an Assistant U.S.
Attorney, the request will be referred by the appropriate Regional Counsel to the Assistant U.S.
Attorney. In all other cases where copies of documents or records are desired by or on behalf of
parties to a suit (or legal proceeding), whether in a Federal court or any other, such copies shall
be disclosed as provided in paragraphs (b) and (c) of this section where the request is accompanied
by court process, or paragraph (e) of this section where the request is not accompanied by court
process. A court process, such as a court order or subpoena duces tecum should be addressed to
either the Secretary of Veterans Affairs or to the head of the field facility at which the records
desired are located. The determination as to the action to be taken upon any request for the
disclosure of claimant records received in this class of cases shall be made by the component having
jurisdiction over the subject matter in Central Office, or the division having jurisdiction over the
subject matter in the field facility, except in those cases in which representatives of the
component or division have determined that the records desired are to be used adversely to the
claimant, in which event the process will be referred to the General Counsel in Central Office or to
the Regional Counsel for the field facility for disposition.
</p>
<p>(2) Where a claim under the provisions of the Federal Tort Claims Act has been filed, or where
such a claim can reasonably be anticipated, no information, documents, reports, etc., will be
disclosed except through the Regional Counsel having jurisdiction, who will limit the disclosure of
information to that which would be available under discovery proceedings, if the matter were in
litigation. Any other information may be disclosed only after concurrence in such disclosure is
provided by the General Counsel.
</p>
<p>(b) <i>Disclosures in response to Federal court process</i>--(1) <i>Court order.</i> Except
for drug and alcohol abuse, human immunodeficiency virus and sickle cell anemia treatment records,
which are protected under 38 U.S.C. 7332, where the records sought are maintained in a VA Privacy
Act system of records, and are retrieved by the name or other personal identifier of a living
claimant who is a citizen of the United States or an alien lawfully admitted for permanent
residence, a Federal court order is the process necessary for the disclosure of such records. Upon
receipt of a Federal court order directing disclosure of claimant records, such records will be
disclosed. Disclosure of records protected under 38 U.S.C. 7332 will be made in accordance with
provisions of paragraph (g) of this section.
</p>
<p>(2) <i>Subpoena.</i> Except for drug and alcohol abuse, human immunodeficiency virus and sickle
cell anemia treatment records, which are protected under 38 U.S.C. 7332, where the records sought
are maintained in a VA Privacy Act system of records, and are retrieved by the name or other
personal identifier of a claimant, a subpoena is not sufficient authority for the disclosure of such
records and such records will not be disclosed, unless the claimant is deceased, or either is not a
citizen of the United States, or is an alien not lawfully admitted for permanent residence. Where
one of these exceptions applies, upon receipt of a Federal court subpoena, such records will be
disclosed. Additionally, where the subpoena is accompanied by authorization from the claimant,
disclosure will be made. Regarding the disclosure of medical records pertaining to drug and alcohol
abuse, human immunodeficiency virus and sickle cell anemia treatment, a subpoena is insufficient for
such disclosure. Specific provisions for the disclosure of these records are set forth in paragraph
(g) of this section.
</p>
<p>(3) A disclosure of records in response to the receipt of a Federal court process will be made to
those individuals designated in the process to receive such records, or to the court from which the
process issued. Where original records are produced, they must remain at all times in the custody of
a representative of the Department of Veterans Affairs, and, if offered and received in evidence,
permission should be obtained to substitute a copy so that the original may remain intact in the
record. Where a court process is issued by or on behalf of a party litigant other than the United
States, such party litigant must prepay the costs of copies in accordance with fees prescribed by
&#167; 1.526(i) and any other costs incident to producing the records.
</p>
<p>(c) <i>Disclosures in response to state or local court processs</i>--(1) <i>State or local
court order.</i> Except for drug and alcohol abuse, human immunodeficiency virus and sickle cell
anemia treatment records, which are protected under 38 U.S.C. 7332, where the records sought are
maintained in a VA Privacy Act system of records, and are retrieved by the name or other personal
identifier of a living claimant who is a citizen of the United States or an alien lawfully admitted
for permanent residence, a State or local court order is the process necessary for disclosure of
such records. Upon receipt of a State or local court order directing disclosure of claimant records,
disclosure of such records will be made in accordance with the provisions set forth in paragraph (c)
(3) of this section. Disclosure of records protected under 38 U.S.C. 7332 will be made in accordance
with provisions of paragraph (g) of this section.
</p>
<p>(2) <i>State or local court subpoena.</i> Except for drug and alcohol abuse, human
immunodeficiency virus and sickle cell anemia treatment records, which are protected under 38 U.S.C.
7332, where the records sought are maintained in a VA Privacy Act system of records, and are
retrieved by the name or other personal identifier of a claimant, a subpoena is not sufficient
authority for disclosure of such records and such records will not be disclosed unless the claimant
is deceased, or, either is not a citizen of the United States, or is an alien not lawfully admitted
for permanent residence. Where one of these exceptions applies, upon receipt of a State or local
court subpoena directing disclosure of claimant records, disclosure of such records will be made in
accordance with the provisions set forth in paragraph (c)(3), of this section. Regarding the
disclosure of 7332 records, a subpoena is insufficient for such disclosure. Specific provisions for
the disclosure of these records are set forth in paragraph (g) of this section.
</p>
<p>(3) Where the disclosure provisions of paragraph (c) (1) or (2) of this section apply, disclosure
will be made as follows:
</p>
<p>(i) When the process presented is accompanied by authority from the claimant; or,
</p>
<p>(ii) In the absence of claimant disclosure authority, the Regional Counsel having jurisdiction
must determine whether the disclosure of the records is necessary to prevent the perpetration of
fraud or other injustice in the matter in question. To make such a determination, the Regional
Counsel may require such additional documentation, <i>e.g.,</i> affidavit, letter of explanation, or
such other documentation which would detail the need for such disclosure, set forth the character of
the pending suit, and the purpose for which the documents or records sought are to be used as
evidence. The claimant's record may also be considered in the making of such determination. Where a
court process is received, and the Regional Counsel finds that additional documentation will be
needed to make the foregoing determination, the Regional Counsel, or other employee having
reasonable knowledge of the requirements of this regulation, shall contact the person causing the
issuance of such court process, and advise that person of the need for additional documentation.
Where a court appearance is appropriate, and the Regional Counsel has found that there is an
insufficient basis upon which to warrant a disclosure of the requested information, the Regional
Counsel, or other employee having reasonable knowledge of the requirement of this regulation and
having consulted with the Regional Counsel, shall appear in court and advise the court that VA
records are confidential and privileged and may be disclosed only in accordance with applicable
Federal regulations, and to further advise the court of such regulatory requirements and how they
have not been satisified. Where indicated, the Regional Counsel will take appropriate action to have
the matter of disclosure of the affected records removed to Federal court.
</p>
<p>(4) Any disclosure of records in response to the receipt of State or local court process will be
made to those individuals designated in the process to receive such records, or to the court from
which such process issued. Payment of the fees as prescribed by &#167; 1.526(i), as well as any
other cost incident to producing the records, must first be deposited with the Department of
Veterans Affairs by the party who caused the process to be issued. The original records must remain
at all times in the custody of a representative of the Department of Veterans Affairs, and, if there
is an offer and admission of any record or document contained therein, permission should be obtained
to substitute a copy so that the original may remain intact in the record.
</p>
<p>(d) Notice requirements where disclosures are made pursuant to court process. Whenever a
disclosure of Privacy Act protected records is made in response to the process of a Federal, State,
or local court, the custodian of the records disclosed will make reasonable efforts to notify the
subject of such records that such subject's records were disclosed to another person under
compulsory legal process. Such notice should be accomplished when the process compelling disclosure
becomes a matter of public record. Generally, a notice sent to the last known address of the subject
would be sufficient to comply with this requirement.
</p>
<p>(e) Disclosures in response to requests when not accompanied by court process. Requests received
from attorneys or others for copies of records for use in suits in which the Government is not
involved, not accompanied by a court process, will be handled by the component or division having
jurisdiction over the subject matter. If the request can be complied with under &#167; 1.503 or
&#167; 1.504, and under the Privacy Act (to the extent that such records are protected by the
Privacy Act), the records requested will be disclosed upon receipt of the required fee. If, however,
the records cannot be furnished under such authority, the applicant will be advised of the procedure
to obtain copies of records as set forth in paragraphs (b) and (c) of this section.
</p>
<p>(f) Suits by or against the Secretary under 38 U.S.C. 3720. Records pertaining to the loan
guaranteed, insured, or made by the Department of Veterans Affairs may be made available by the
General Counsel or the Regional Counsel subject to the usual rules of evidence, and where authorized
under the Privacy Act, after clearance with the Department of Justice or U.S. Attorney if
appropriate.
</p>
<p>(g) Disclosure of drug abuse, alcohol abuse, human immunodeficiency virus and sickle cell anemia
treatment or related records under court process. Disclosure of these types of records, which are
protected from unauthorized disclosure under 38 U.S.C. 7332, may be made only in response to an
appropriate order of a court of competent jurisdiction granted after application showing good cause
therefore. In assessing good cause the court is required to weigh the public interest and the need
for disclosure against the injury to the patient or subject, to the physician-patient relationship,
and to the treatment services. The court, in determining the extent to which any disclosure of all
or any part of any record is necessary, shall impose appropriate safeguards against unauthorized
disclosure. As to a Federal court order satisfying the requirements of this paragraph, the records
will be disclosed as provided in such order. As to a State or local court order satisfying the
requirements of this subsection, the disclosure of the records involved is conditioned upon
satisfying the provisions set forth in paragraph (c)(3) of this section. If the aforementioned
section is satisfied, and a disclosure of records is to be forthcoming, the records will be
disclosed as provided in the court order.
</p>
<p>(Authority: 5 U.S.C. 552; 5 U.S.C. 552a; 38 U.S.C. 5701 and 38 U.S.C. 7332)
</p>
<p>[56 FR 15833, Apr. 18, 1991]
</p>
<p><b>&#167; 1.512
 Disclosure of loan guaranty information.
</b></p>
<p>(a) The disclosure of records or information contained in loan guaranty files is governed by
the Freedom of Information Act, 5 U.S.C. 552; the Privacy Act, 5 U.S.C. 552a; the confidentiality
provisions of 38 U.S.C. 5701, and the provisions of 38 CFR 1.500-1.584. In addition, the
release of names and addresses and the release of certificates of reasonable value, appraisal
reports, property inspection reports, or reports of inspection on individual water supply and sewage
disposal systems shall be governed by paragraphs (b), (c), (d), and (e) of this section.
</p>
<p>(b)(1) Upon request, any person is entitled to obtain copies of certificates of reasonable value,
appraisal reports, property inspection reports, or reports of inspection on individual water supply
and sewage disposal systems provided that the individual identifiers of the veteran-purchaser(s) or
dependents are deleted prior to release of such documents. However, individual identifiers may be
disclosed in accordance with paragraph (b)(2) of this section. The address of the property being
appraised or inspected shall not be considered an individual identifier.

</p><p>(Authority: 38 U.S.C. 5701(a), (c))

</p>
<p>(2) Individual identifiers of veteran purchasers or dependents may be disclosed when disclosure
is made to the following:
</p>
<p>(i) The individual purchasing the property;
</p>
<p>(ii) The current owner of the property;
</p>
<p>(iii) The individual that requested the appraisal or report;
</p>
<p>(iv) A person or entity which is considering making a loan to an individual with respect to the
property concerned; or
</p>
<p>(v) An attorney, real estate broker, or any other agent representing any of these persons.

</p><p>(Authority: 38 U.S.C. 5701(c), (h)(2)(D))

</p>
<p>(c)(1) The Secretary may release the name, address, or both, and may release other information
relating to the identity of an applicant for or recipient of a Department of Veterans Affairs-
guaranteed, insured, or direct loan, specially adapted housing grant, loan to finance acquisition of
Department of Veterans Affairs-owned property, release of liability, or substitution of entitlement
to credit reporting agencies, companies or individuals extending credit, depository institutions,
insurance companies, investors, lenders, employers, landlords, utility companies and governmental
agencies for any of the purposes specified in paragraph (c)(2) of this section.
</p>
<p>(2) A release may be made under paragraph (c)(1) of this section:
</p>
<p>(i) To enable such parties to provide the Department of Veterans Affairs with data which assists
in determining the creditworthiness, credit capacity, income or financial resources of the applicant
for or recipient of loan guaranty administered benefits, or verifying whether any such data
previously received is accurate; or
</p>
<p>(ii) To enable the Secretary to offer for sale or other disposition any loan or installment sale
contract.

</p><p>(Authority: 38 U.S.C. 5701(h)(2)(A), (B), (C))

</p>
<p>(d) Upon request, the Secretary may release information relating to the individual's loan
transaction to credit reporting agencies, companies or individuals extending credit, depository
institutions, insurance companies, investors, lenders, employers, landlords, utility companies and
governmental agencies where necessary in connection with a transfer of information on the status of
a Department of Veterans Affairs loan account to persons or organizations proposing to extend credit
or render services or other benefits to the borrower in order that the person or organization may
determine whether to extend credit or render services or other benefits to the borrower. Such
releases shall be made only if the person or organization seeking the information furnishes the
individual's name, address or other information necessary to identify the individual.

</p><p>(Authority: 38 U.S.C. 5701(e), (h)(2)(A) and (D))

</p>
<p>(e) The Secretary shall maintain information in the loan guaranty file consisting of the date,
notice and purpose of each disclosure, and the name and address of the person to whom the disclosure
is made from the loan guaranty files.
</p>
<p>(Authority: 38 U.S.C. 5701(h)(2)(D), 5 U.S.C. 552a(c))
</p>
<p>[47 FR 11279, Mar. 16, 1982]
</p>
<p><b>&#167; 1.513
 Disclosure of information contained in Armed Forces service and related medical records in
 Department of Veterans Affairs custody.
</b></p>
<p>(a) <i>Service records.</i> Information received by the Department of Veterans Affairs from
the Departments of the Army, Navy, Air Force, and the Department of Transportation relative to the
military or naval service of a claimant is furnished solely for the official use of the Department
of Veterans Affairs but such information may be disclosed under the limitations contained in
&#167;&#167; 1.501 through 1.526.
</p>
<p>(b) <i>Medical records.</i> Information contained in the medical records (including clinical
records and social data) may be released under the following conditions:
</p>
<p>(1) Complete transcript of resume or medical records on request to:
</p>
<p>(i) The Department of the Army.
</p>
<p>(ii) The Department of the Navy (including naval aviation and United States Marine Corps).
</p>
<p>(iii) The Department of the Air Force.
</p>
<p>(iv) The Department of Transportation (Coast Guard).
</p>
<p>(v) Selective Service (in case of registrants only).
</p>
<p>(vi) Federal or State hospitals or penal institutions when the veteran is a patient or inmate
therein.
</p>
<p>(vii) United States Public Health Service, or other governmental or contract agency in connection
with research authorized by, or conducted for, the Department of Veterans Affairs.
</p>
<p>(viii) Registered civilian physicians, on the request of the individual or his or her legal
representative, when required in connection with the treatment of the veteran. (The transcript or
resume should be accompanied by the statement "it is expected that the information contained herein
will be treated as confidential, as is customary in civilian professional medical practice.")
</p>
<p>(ix) The veteran on request, except information contained in the medical record which would prove
injurious to his or her physical or mental health.
</p>
<p>(x) The next of kin on request of the individual, or legal representative, when the information
may not be disclosed to the veteran because it will prove injurious to his or her physical or mental
health, and it will not be injurious to the physical or mental health of the next of kin or cause
repugnance or resentment toward the veteran; and directly to the next of kin, or legal
representative, when the veteran has been declared to be insane or is dead.
</p>
<p>(xi) Health and social agencies, on the authority of the veteran or his or her duly authorized
representative.
</p>
<p>(2) In addition to the authorizations in paragraph (b)(1) of this section, the Department of
Justice, the Department of the Treasury, and the U.S. Postal Service may, on request, be given
pertinent information from medical records for use in connection with investigations conducted by
these departments. Each such request shall be considered on its merits, and the information released
should be the minimum necessary in connection with the investigation conducted by these departments.
</p>
<p>(3) Compliance with court orders calling for the production of medical records in connection with
litigation or criminal prosecutions will be effected in accordance with &#167; 1.511.
</p>
<p>[13 FR 7001, Nov. 27, 1948, as amended at 32 FR 10849, July 25, 1967; 60 FR 63938, Dec. 13, 1995]
</p>
<p><b>&#167; 1.514
 Disclosure to private physicians and hospitals other than Department of Veterans Affairs.
</b></p>
<p>(a) When a beneficiary elects to obtain medical attention as a private patient from a
private practitioner or in a medical center other than a Department of Veterans Affairs hospital,
there may be disclosed to such private practitioner or head of such medical center (Federal, State,
municipal, or private), such information as to the medical history, diagnosis, findings, or
treatment as is requested, including the loan of original X-ray films, whether Department of
Veterans Affairs clinical X-rays or service department entrance and separation X-rays, provided
there is also submitted a written authorization from the beneficiary or his or her duly authorized
representative. The information will be supplied without charge directly to the private physician or
medical center head and not through the beneficiary or representative. In forwarding this
information, it will be accompanied by the stipulations that it is released with consent of or on
behalf of the patient and that the information will be treated as confidential, as is customary in
civilian professional medical practice.
</p>
<p>(b) Such information may be released without charge and without consent of the patient or his or
her duly authorized representative when a request for such information is received from:
</p>
<p>(1) The superintendent of a State hospital for psychotic patients, a commissioner or head of a
State department of mental hygiene, or head of a State, county, or city health department; or
</p>
<p>(2) Any fee basis physician or institution in connection with authorized treatment of the veteran
as a Department of Veterans Affairs beneficiary; or
</p>
<p>(3) Any physician or medical installation treating the veteran under emergency conditions.
</p>
<p>[34 FR 13368, Aug. 19, 1969, as amended at 54 FR 34980, Aug. 23, 1989]
</p>
<p><b>&#167; 1.514a
 Disclosure to private psychologists.
</b></p>
<p>When a beneficiary elects to obtain therapy or analysis as a private patient from a private
psychologist, such information in the medical record as may be pertinent may be released. Generally,
only information developed and documented by Department of Veterans Affairs psychologists will be
considered pertinent, although other information from the medical record may be released if it is
determined to be pertinent and will serve a useful purpose to the private psychologist in rendering
his or her services. Information will be released under this section upon receipt of the written
authorization of the beneficiary or his or her duly authorized representative. Information will be
forwarded to private psychologists directly, not through the beneficiary or representative, without
charge and with the stipulation that it is released with consent of or on behalf of the patient and
must be treated as confidential as is customary in regular professional practice.
</p>
<p>[34 FR 13368, Aug. 19, 1969]
</p>
<p><b>&#167; 1.514b
 Disclosures to procurement organizations.
</b></p>
<p>A VHA health care facility may disclose the name and home address of an "individual" as
defined in &#167; 1.460 to an authorized representative of a "procurement organization" as also
defined in &#167; 1.460 for the purpose of facilitating a determination by the procurement
organization of whether the individual is a suitable potential organ, eye, or tissue donor if:
</p>
<p>(a) The individual is currently an inpatient in a VHA health care facility;
</p>
<p>(b) The individual is, in the clinical judgment of the individual's primary health care provider,
near death or is deceased as defined in &#167; 1.460;
</p>
<p>(c) The VHA health care facility has a signed agreement with the procurement organization in
accordance with the applicable requirements of the United States Department of Health and Human
Services (HHS); and
</p>
<p>(d) The VHA health care facility has confirmed with HHS that it has certified or recertified the
organ procurement organization as provided in the applicable HHS regulations. VA medical centers
must verify annually in January of each calendar year with FDA that an eye bank or tissue bank has
complied with the FDA registration requirements of 21 CFR Part 1271 before permitting an eye bank or
tissue bank to receive protected health information.

</p>
<p>(Authority: 38 U.S.C. 5701(k), 7332(b)(2)(E))
</p>
<p>[72 FR 48242, Aug. 23, 2007]
</p>
<p><b>&#167; 1.515
 To commanding officers of State soldiers' homes.
</b></p>
<p>When a request is received in a Department of Veterans Affairs regional office, center, or
medical center from the commanding officer of a State soldiers' home for information other than
information relative to the character of the discharge from a Department of Veterans Affairs center
or medical center concerning a veteran formerly domiciled or hospitalized therein, the provisions of
&#167; 1.500 are applicable, and no disclosure will be made unless the request is accompanied
by the authorization outlined in &#167; 1.503. However, station heads, upon receipt of a
request from the commanding officer of a State soldiers' home for the character of the discharge of
a veteran from a period of hospital treatment or domiciliary care as a beneficiary of the Department
of Veterans Affairs, will comply with the request, restricting the information disclosed solely to
the character of the veteran's discharge from such treatment or care. Such information will be
disclosed only upon receipt of a specific request therefor from the commanding officer of a State
soldiers' home.
</p>
<p>[30 FR 6435, May 8, 1965]
</p>
<p><b>&#167; 1.516
 Disclosure of information to undertaker concerning burial of a deceased veteran.
</b></p>
<p>When an undertaker requests information believed to be necessary in connection with the
burial of a deceased veteran, such as the name and address of the beneficiary of the veteran's
Government insurance policy, name and address of the next of kin, rank or grade of veteran and
organization in which he or she served, character of the veteran's discharge, or date and place of
birth of the veteran, and it appears that the undertaker is holding the body awaiting receipt of the
information requested, the undertaker, in such instances, may be considered the duly authorized
representative of the deceased veteran for the purpose of obtaining said information. In ordinary
cases, however, the undertaker will be advised that information concerning the beneficiary of a
Government insurance policy is confidential and cannot be disclosed; the beneficiary will be advised
immediately of the inquiry, and the furnishing of the desired information will be discretionary with
the beneficiary. In no case will the undertaker be informed of the net amount due under the policy
or furnished information not specifically mentioned in this paragraph.
</p>
<p>[46 FR 62059, Dec. 22, 1981]
</p>
<p><b>&#167; 1.517
 Disclosure of vocational rehabilitation and education information to educational institutions
 cooperating with the Department of Veterans Affairs.
</b></p>
<p>Requests from educational institutions and agencies cooperating with the Department of
Veterans Affairs in the vocational rehabilitation and education of veterans for the use of
vocational rehabilitation and education records for research studies will be forwarded to central
office with the facility head's recommendation for review by the Under Secretary for Benefits. Where
the request to conduct a research study is approved by the Under Secretary for Benefits, the
facility head is authorized by this section to release information for such studies from vocational
rehabilitation and education records as required: <i>Provided, however,</i> That any data or
information obtained shall not be published without prior approval of the Under Secretary for
Benefits and that data contained in published material shall not identify any individual veteran.
</p>
<p>[30 FR 6435, May 8, 1965]
</p>
<p><b>&#167; 1.518
 Addresses of claimants.
</b></p>
<p>(a) It is the general policy of the Department of Veterans Affairs to refuse to furnish
addresses from its records to persons who desire such information for debt collection, canvassing,
harassing or for propaganda purposes.
</p>
<p>(b) The address of a Department of Veterans Affairs claimant as shown by Department of Veterans
Affairs files may be furnished to:
</p>
<p>(1) Duly constituted police or court officials upon official request and the submission of a
certified copy either of the indictment returned against the claimant or of the warrant issued for
his or her arrest.
</p>
<p>(2) Police, other law enforcement agencies, or Federal, State, county, or city welfare agencies
upon official written request showing that the purpose of the request is to locate a parent who has
deserted his or her child or children and that other reasonable efforts to obtain an address have
failed. The address will not be released when such disclosure would be prejudicial to the mental or
physical health of the claimant. When an address is furnished it will be accompanied by the
stipulation that it is furnished on a confidential basis and may not be disclosed to any other
individual or agency.
</p>
<p>(c) When an address is requested that may not be furnished under &#167;&#167; 1.500 through
1.526, the person making the request will be informed that a letter, or in those cases involving
judicial actions, the process or notice in judicial proceedings, enclosed in an unsealed envelope
showing no return address, with the name of the addressee thereon, and bearing sufficient postage to
cover mailing costs will be forwarded by the Department of Veterans Affairs. If a request indicates
that judicial action is involved in which a process or notice in judicial proceedings is required to
be forwarded, the Department of Veterans Affairs will inform the person who requests the forwarding
of such a document that the envelope must bear sufficient postage to cover costs of mailing and
certified or registered mailing fees, including cost of obtaining receipt for the certified or
registered mail when transmission by this type special mail is desired. At the time the letter,
process, or notice in judicial proceedings is forwarded, the facility's return address will be
placed on the envelope. When the receipt for certified or registered mail or the undelivered
envelope is returned to the Department of Veterans Affairs, the original sender will be notified
thereof: However, the receipt or the envelope will be retained by the Department of Veterans
Affairs. This provision will be applicable only when it does not interfere unduly with the functions
of the Service or division concerned. In no event will letters be forwarded to aid in the collection
of debts or for the purpose of canvassing, harassing, or propaganda. Neither will a letter be
forwarded if the contents could be harmful to the physical or mental health of the recipient.
</p>
<p>(d) Subject to the conditions set forth in &#167; 1.922, the Department of Veterans Affairs
may disclose to consumer reporting agencies information contained in a debtor's claims folder. Such
information may include the debtor's name and/or address, Department of Veterans Affairs file
number, Social Security number, and date of birth.
</p>
<p>(Authority: 38 U.S.C. 5701(g))
</p>
<p>[33 FR 10516, July 24, 1968 and 35 FR 5176, Mar. 27, 1970, as amended at 46 FR 62059, Dec. 22,
1981]
</p>
<p><b>&#167; 1.519
 Lists of names and addresses.
</b></p>
<p>(a) Any organization wanting a list of names and addresses of present or former personnel of
the armed services and their dependents from the Department of Veterans Affairs must make written
application to the Department of Veterans Affairs Controller, except lists of educationally
disadvantaged veterans should be requested from the Director of the nearest regional office. The
application must:
</p>
<p>(1) Clearly identify the type or category of names and addresses sought;
</p>
<p>(2) Furnish proof satisfactory to the Department of Veterans Affairs that the organization
seeking the list is a "nonprofit organization." Normally, evidence establishing that the
organization is exempt from taxation in accordance with the provisions of 26 U.S.C. 501 or is a
governmental body or institution will be accepted as satisfying this criteria;
</p>
<p>(3) Contain a statement clearly setting forth the purpose for which the list is sought, the
programs and the resources the organization proposes to devote to this purpose, and establish how
such purpose is "directly connected with the conduct of programs and the utilization of benefits"
under title 38, U.S.C.; and
</p>
<p>(4) Contain a certification that the organization, and all members thereof who will have access
to the list, are aware of the penalty provisions of 38 U.S.C. 5701(f) and will not use the list for
any purpose other than that stated in the application.
</p>
<p>(b) If the Director of the regional office concerned finds that the organization requesting the
list of names and addresses of educationally disadvantaged veterans is a nonprofit organization and
operates an approved program of special secondary, remedial, preparatory or other educational or
supplementary assistance to veterans as provided under subchapter V, title 38 U.S.C., then he or she
may authorize the release of such names and addresses to the organization requesting them.
</p>
<p>(c) The Associate Deputy Assistant Secretary for Information Resources Management, with the
concurrence of the General Counsel, is authorized to release lists of names and addresses to
organizations which have applied for such lists in accordance with paragraph (a) of this section if
he or she finds that the purpose for which the organization desires the names and addresses is
directly connected with the conduct of programs and the utilization of benefits under title 38
U.S.C. Lists of names and addresses authorized to be released pursuant to this paragraph shall not
duplicate lists released to other elements, segments, or chapters of the same organization.
</p>
<p>(d) If the list requested is one that the Department of Veterans Affairs has previously compiled
or created, in the same format, to carry out one or more of its basic program responsibilities and
it is determined that it can be released, the list may be furnished without charge. For other types
of lists, a charge will be made in accordance with the provisions of &#167; 1.526.
</p>
<p>(e) Upon denial of a request, the Department of Veterans Affairs Controller or Regional Office
Director will inform the requester in writing of the denial and the reasons therefor and advise the
organization that it may appeal the denial to the General Counsel. In each instance of a denial of a
request, the denial and the reasons therefor will be made a matter of record.
</p>
<p>(f) Section 5701(f), title 38 U.S.C., provides that any organization, or member thereof, which
uses the names and addresses furnished it for any purpose other than one directly connected with the
conduct of programs and the utilization of benefits under title 38 U.S.C., shall be fined not more
than $500 in the case of the first offense and not more than $5,000 in the case of the subsequent
offenses. Any instance in which there is evidence of a violation of these penal provisions will be
reported in accordance with &#167; 14.560.</p>
<p>(Approved by the Office of Management and Budget under control number 2900-0438)
</p>
<p>[38 FR 15601, June 14, 1973, as amended at 46 FR 62059, Dec. 22, 1981; 49 FR 32848, Aug. 17,
1984; 56 FR 59218, Nov. 25, 1991]
</p>
<p><b>&#167; 1.520
 Confidentiality of social data.
</b></p>
<p>Persons having access to social data will be conscious of the fact that the family,
acquaintances, and even the veteran have been willing to reveal these data only on the promise that
they will be held in complete confidence. There will be avoided direct, ill-considered references
which may jeopardize the personal safety of these individuals and the relationship existing among
them, the patient, and the social worker, or may destroy their mutual confidence and influence,
rendering it impossible to secure further cooperation from these individuals and agencies.
Physicians in talking with beneficiaries will not quote these data directly but will regard them as
indicating possible directions toward which they may wish to guide the patient's self-revelations
without reproaching the patient for his or her behavior or arousing natural curiosity or suspicion
regarding any informant's statement. The representatives of service organizations and duly
authorized representatives of veterans will be especially cautioned as to their grave responsibility
in this connection.
</p>
<p>[46 FR 62059, Dec. 22, 1981]
</p>
<p><b>&#167; 1.521
 Special restrictions concerning social security records.
</b></p>
<p>Information received from the Social Security Administration may be filed in the veteran's
claims folder without special provisions. Such information will be deemed privileged and may not be
released by the Department of Veterans Affairs except that information concerning the amount of
social security benefits paid to a claimant or the amount of social security tax contributions made
by the claimant may be disclosed to the claimant or his or her duly authorized representative. Any
request from outside the Department of Veterans Affairs for other social security information will
be referred to the Social Security Administration for such action as they deem proper.
</p>
<p>[27 FR 9599, Sept. 28, 1962]
</p>
<p><b>&#167; 1.522
 Determination of the question as to whether disclosure will be prejudicial to the mental or
 physical health of claimant.
</b></p>
<p>Determination of the question when disclosure of information from the files, records, and
reports will be prejudicial to the mental or physical health of the claimant, beneficiary, or other
person in whose behalf information is sought, will be made by the Chief Medical Director; Chief of
Staff of a hospital; or the Director of an outpatient clinic.
</p>
<p>[33 FR 19009, Dec. 20, 1968]
</p>
<p><b>&#167; 1.523 [Reserved]
</b></p>
<p><b>&#167; 1.524
 Persons authorized to represent claimants.
</b></p>
<p>A duly authorized representative will be:
</p>
<p>(a) Any person authorized in writing by the claimant to act for him or her,
</p>
<p>(b) An attorney who has filed the declaration required by &#167; 14.629(b)(1) of this
chapter, or
</p>
<p>(c) His or her legally constituted fiduciary, if the claimant is incompetent. Where for proper
reasons no legally constituted fiduciary has been or will be appointed, his or her spouse, his or
her children, or, if the claimant is unmarried, either of his or her parents shall be recognized as
the fiduciary of the claimant.
</p>
<p>[33 FR 6536, Apr. 30, 1968]
</p>
<p><b>&#167; 1.525
 Inspection of records by or disclosure of information to recognized representatives of
 organizations and recognized attorneys.
</b></p>
<p>(a)(1) The accredited representatives of recognized organizations (&#167; 14.627 of
this chapter) holding appropriate power of attorney and recognized attorneys (&#167; 14.629(b)
of this chapter) with the written authorization of the claimant may, subject to the restrictions
imposed by paragraph (a)(2) of this section, inspect the claims, insurance and allied folders of any
claimant upon the condition that only such information contained therein as may be properly
disclosed under &#167;&#167; 1.500 through 1.526 will be disclosed by him or her to the
claimant or, if the claimant is incompetent, to his or her legally constituted fiduciary. Under the
same restrictions, it is permissible to release information from and permit inspection of loan
guaranty folders in which a request for a waiver of the debt of a veteran or his or her spouse has
been received, or where there has been a denial of basic eligibility for loan guaranty benefits. All
other information in the files shall be treated as confidential and will be used only in determining
the status of the cases inspected or in connection with the presentation to officials of the
Department of Veterans Affairs of the claim of the claimant. The heads of field facilities and the
directors of the services concerned in Central Office will each designate a responsible officer to
whom requests for all files must be made, except that managers of centers with insurance activities
will designate two responsible officials, recommended by the division chiefs concerned, one
responsible for claims and allied folders and the other for insurance files. The term <i>claimant</i
> as used in this paragraph includes insureds.
</p>
<p>(2) In the case of a living veteran a representative acting under a power of attorney from any
person not acting on behalf of the veteran will not be permitted to review the records of the
veteran or be furnished any information therefrom to which the person is not entitled, i.e.,
information not relating to such person alone. Powers of attorney submitted by the other person will
be considered "Limited" and will be so noted when associated with the veteran's records. The
provisions of this subparagraph are also applicable to recognized attorneys and the requisite
declarations filed by them.
</p>
<p>(3) When power of attorney does not obtain, the accredited representative will explain to the
designated officer of the Department of Veterans Affairs the reason for requesting information from
the file, and the information will be made available only when in the opinion of the designated
officer it is justified; in no circumstances will such representatives be allowed to inspect the
file; in such cases a contact report will be made out and attached to the case, outlining the
reasons which justify the verbal or written release of the information to the accredited
representative.
</p>
<p>(4) In any case where there is an unrevoked power of attorney or declaration of representation,
no persons or organizations other than the one named in such document shall be afforded information
from the file except under the conditions set forth in &#167; 14.629(b)(2) of this chapter.
When any claimant has filed notice with the Department of Veterans Affairs that he or she does not
want his or her file inspected, such file will not be made available for inspection.
</p>
<p>(b)(1) Inspection of folders by accredited representatives or recognized attorneys holding a
written authorization where such cases are being processed shall be in space assigned for such
inspection. Otherwise station heads may permit inspection of folders at the desks of the accredited
representatives, in the office(s) which they regularly occupy.
</p>
<p>(2) An insured or after maturity of the insurance by death of the insured, the beneficiary, may
authorize the release to a third person of such insurance information as the insured or the
beneficiary would be entitled to receive, provided there is submitted to the Department of Veterans
Affairs, a specific authorization in writing for this purpose.
</p>
<p>(3) Unless otherwise authorized by the insured or the beneficiary, as the case may be, such
authorized representative, recognized attorney or accredited representative shall not release
information as to the designated beneficiary to anyone other than the insured or to the beneficiary
after death of the insured. Otherwise, information in the insurance file shall be subject to the
provisions of &#167;&#167; 1.500 through 1.526.
</p>
<p>(4) Clinical records and medical files, including files for outpatient treatment, may be
inspected by accredited representatives or recognized attorneys holding a written authorization only
to the extent such records or parts thereof are incorporated in the claims folder, or are made
available to Department of Veterans Affairs personnel in the adjudication of the claim. Records or
data in clinical or medical files which are not incorporated in the claims folder or which are not
made available to Department of Veterans Affairs personnel for adjudication purposes will not be
inspected by anyone other than those employees of the Department of Veterans Affairs whose duties
require same for the purpose of clinical diagnosis or medical treatment.
</p>
<p>(5) Under no circumstances shall any paper be removed from a file, except by a Department of
Veterans Affairs employee, for purpose of having an authorized copy made. Copying of material in a
file shall not be permitted except in connection with the performance of authorized functions under
the power of attorney or requisite declaration of a recognized attorney.
</p>
<p>(6) In any case involving litigation against the Government, whether contemplated or initiated,
inspection, subject to the foregoing, shall be within the discretion of the General Counsel or
Regional Counsel, except that in insurance suits under 38 U.S.C. 1975, 1984, inspection shall be
within the discretion of the official having jurisdiction of the claim. Files in such cases may be
released to the Department of Justice, but close liaison will be maintained to insure their return
intact upon termination of the litigation.
</p>
<p>(c) Facility heads and the directors of the services concerned in central office will be
responsible for the administrative compliance with and accomplishment of the foregoing within their
jurisdiction, and any violations of the prescribed conditions for inspection of files or release of
information therefrom will be brought to the immediate attention of the Secretary.
</p>
<p>(d) Any person holding power of attorney, a recognized attorney who has filed the requisite
declaration, or the accredited representative of a recognized organization holding power of attorney
shall be supplied with a copy of each notice to the claimant respecting the adjudication of the
claim. If a claimant dies before action on the claim is completed, the person or organization
holding power of attorney or the attorney who has filed the requisite declaration may continue to
act until the action is completed except where the power of attorney or requisite declaration was
filed on behalf of a dependent.
</p>
<p>(e) When in developing a claim the accredited representative of a recognized organization finds
it necessary to call upon a local representative to assemble information or evidence, he or she may
make such disclosures to the local representative as the circumstances of the case may warrant,
provided the power of attorney to the recognized organization contains an authorization permitting
such disclosure.
</p>
<p>[13 FR 7002, Nov. 27, 1948, as amended at 31 FR 3459, Mar. 5, 1966; 32 FR 10849, July 25, 1967;
33 FR 6536, Apr. 30, 1968]
</p>
<p><b>&#167; 1.526
 Copies of records and papers.
</b></p>
<p>(a) Any person desiring a copy of any record or document in the custody of the Department of
Veterans Affairs, which is subject to be furnished under &#167;&#167; 1.501 through 1.526, must
make written application for such copy to the Department of Veterans Affairs installation having
custody of the subject matter desired, stating specifically: (1) The particular record or document
the copy of which is desired and whether certified and validated, or uncertified, (2) the purpose
for which such copy is desired to be used.
</p>
<p>(b) The types of services provided by the Department of Veterans Affairs for which fees will be
charged are identified in paragraph (i) of this section.
</p>
<p>(c) This section applies to the services furnished in paragraph (b) of this section when rendered
to members of the public by the Department of Veterans Affairs. It does not apply to such services
when rendered to or for other agencies or branches of the Federal Government, or State and local
governments when furnishing the service will help to accomplish an objective of the Department of
Veterans Affairs, or when performed in connection with a special research study or compilation when
the party requesting such services is charged an amount for the whole job.
</p>
<p>(d) When copies of a record or document are furnished under &#167;&#167; 1.506, 1.507,
1.510, and 1.514, such copies shall be supplied without charge. Moreover, free service may be
provided, to the extent of one copy, to persons who have been required to furnish original documents
for retention by the Department of Veterans Affairs.
</p>
<p>(e) The following are circumstances under which services may be provided free at the discretion
of facility heads or responsible Central Office officials:
</p>
<p>(1) When requested by a court, when the copy will serve as a substitute for personal court
appearance of a Government witness.
</p>
<p>(2) When furnishing the service free saves costs or yields income equal to the direct costs of
the agency providing the service. This includes cases where the fee for the service would be
included in a billing against the Government (for example, in cost-type contracts, or in the case of
private physicians who are treating Government beneficiaries at Government expense).
</p>
<p>(3) When a service is occasional and incidental, not of a type that is requested often, and if it
is administratively determined that a fee would be inappropriate in such an occasional case.
</p>
<p>(f) When information, statistics, or reports are released or furnished under &#167; 1.501 or
&#167; 1.519, the fee charge, if any, will be determined upon the merits of each individual
application.
</p>
<p>(g) In those cases where it is determined that a fee shall be charged, the applicant will be
advised to deposit the amount of the lawful charge for the copy desired. The amount of such charge
will be determined in accordance with the schedule of fees prescribed in paragraph (i) of this
section. The desired copy will not be delivered, except under court subpoena, until the full amount
of the lawful charge is deposited. Any excess deposit of $1 or more over the lawful charge will be
returned to the applicant. Excess deposits of less than $1 will be returned upon request. When a
deposit is received with an application, such a deposit will be returned to the applicant should the
application be denied.
</p>
<p>(h) Copies of reports or records received from other Government departments or agencies will not
be furnished except as provided in &#167; 1.513.
</p>
<p>(i) <i>Fees to be charged</i>--(1) <i>Schedule of fees:</i></p>
<table>
<tr><th scope='col'>Activity</th>
<th scope='col'>Fees</th></tr>
<tr><td>(i) Duplication of document by any type of reproduction process to produce plain one-sided
paper copies of a standard size (8 1/2'' x 11''; 8 1/2'' x 
14''; 11'' x 14'')</td><td>$0.15 per page after first 100 one-sided pages.</td></tr>
<tr><td>(ii) Duplication of non-paper records, such as microforms, audiovisual materials (motion
pictures, slides, laser optical disks, video tapes, audiotapes, etc.) computer tapes and disks,
diskettes for personal computers, and any other automated media output</td><td>Actual direct cost to the
Agency as defined in &#167; 1.555(a)(2) of this part to the extent that it pertains to the cost
of duplication.</td></tr>
<tr><td>(iii) Duplication of documents by any type of reproduction process not covered by paragraphs
(i)(1) (i) and (ii) of this section to produce a copy in a form reasonably usable by a requester</td><td>
Actual direct cost to the Agency as defined in &#167; 1.555(a)(2) of this part to the extent
that it pertains to the cost of duplication.</td></tr>
<tr><td>(iv) Providing special information, statistics, reports, drawings, specifications, lists of
names and addresses (either in paper or machine readable form), computer or other machine readable
output</td><td>Actual cost to the Agency including computer and manual search costs, copying costs,
labor, and material and overhead expenses.</td></tr>
<tr><td>(v) Attestation under the seal of the Agency</td><td>$3.00 per document so certified.</td></tr>
<tr><td>(vi) Providing abstracts or copies of medical and dental records to insurance companies for
other than litigation purposes</td><td>$10.00 per request.</td></tr>
<tr><td>(vii) Providing files under court subpoena</td><td>Actual direct cost to the Agency.</td></tr></table>
<p>(<i>Note.</i> If VA regularly contracts for duplicating services related to providing the
requested records, such as the duplication of microfilm or architect's plans and drawings, the
contractor fees may be included in the actual direct cost to the Agency)
</p>
<p>(2) <i>Benefit records.</i> When VA benefit records are requested by a VA beneficiary or
applicant for VA benefits, the duplication fee for one complete set of such records will be waived.

</p><p>(Authority: 38 U.S.C. 5702(b))

</p>
<p>(j) If the copy is to be transmitted by certified or registered mail, airmail, or special
delivery mail, the postal fees therefor shall be added to the other fees provided in paragraph (i)
of this section (or the order must include postage stamps or stamped return envelopes for the
purpose).
</p>
<p>(k) Those Department of Veterans Affairs installations not having copying equipment are
authorized to arrange with the nearest Department of Veterans Affairs installation having such
equipment to make the necessary authorized copies of records or documents.
</p>
<p>(l) Administration, staff office, and field facility heads are authorized to designate employees
to certify copies of records and papers furnished under the provisions of paragraph (a) of this
section.
</p>
<p>[19 FR 3224, June 2, 1954, as amended at 32 FR 10850, July 25, 1967; 33 FR 9342, June 26, 1968;
35 FR 20001, Dec. 31, 1970; 37 FR 2676, Feb. 4, 1972; 39 FR 3938, Jan. 31, 1974; 53 FR 10376, Mar.
31, 1988; 54 FR 34980, Aug. 23, 1989]
</p>
<p><b>&#167; 1.527
 Administrative review.
</b></p>
<p>(a) Any person may, in the event of a denial of his or her request to inspect or obtain
information from or copies of records within the purview of &#167;&#167; 1.501 through 1.526,
appeal such denial. Such appeal, stating the circumstances of the denial, should be addressed, as
appropriate, to the field facility, administration, or staff office head.
</p>
<p>(b) A denial action not reversed by a field facility, administration, or staff office head on
appeal, will be referred through normal channels to the General Counsel.
</p>
<p>(c) The final agency decision in such appeals will be made by the General Counsel or the Deputy
General Counsel.
</p>
<p>[32 FR 10850, July 25, 1967, as amended at 55 FR 21546, May 25, 1990]</p>
<p><b>Release of Information From Department of Veterans Affairs Records Other Than Claimant Records
</b></p>
<p><b>Note:</b></p>
<p>Sections 1.550 through 1.559 concern the availability and release of
information from files, records, reports, and other papers and documents in Department of Veterans
Affairs custody other than those pertaining to claims under any of the laws administered by the
Department of Veterans Affairs. As to the release of information from Department of Veterans Affairs
claimant records, see &#167;&#167; 1.500 through 1.527. Section 1.550 series implement the
provisions of 5 U.S.C. 552.
</p>
<p>[40 FR 12656, Mar. 20, 1975]
</p>
<p><b>Authority:</b> Sections 1.550 to 1.559 issued under 72 Stat. 1114; 38 U.S.C. 501.
</p>
<p><b>&#167; 1.550
 General.
</b></p>
<p>The Department of Veterans Affairs policy is one of disclosure of information from agency
records to the extent permitted by law. This includes the release of information which the
Department of Veterans Affairs is authorized to withhold under 5 U.S.C. 552(b) (see &#167; 
1.554) if it is determined: (a) By the Secretary of Veterans Affairs or the Deputy Secretary that
disclosure of such information will serve a useful purpose or (b) by an administration, staff
office, or field facility head or designee under &#167; 1.556(a) that disclosure will not
adversely affect the proper conduct of official business or constitute an invasion of personal
privacy.
</p>
<p>[40 FR 12656, Mar. 20, 1975]
</p>
<p><b>&#167; 1.551[Reserved]</b>
</p>
<p><b>&#167; 1.552
 Public access to information that affects the public when not published in the Federal Register as
 constructive notice.
</b></p>
<p>(a) Those statements of policy and interpretations adopted by the Department of Veterans
Affairs but not published in the <i>Federal Register,</i> and administrative manuals and staff
instructions that affect any member of the public, unless promptly published and copies offered for
sale, will be kept currently indexed by the office of primary program responsibility or the Manager,
Administrative Services, as determined by the Secretary or designee. Such index or indexes or
supplements thereto will be promptly published, quarterly or more frequently, and distributed (by
sale or otherwise) unless the Department of Veterans Affairs determines by order published in the <i
>Federal Register</i> that publication would be unnecessary and impracticable, in which case the
Department of Veterans Affairs will nonetheless provide copies of such index or indexes or
supplements thereto on request at a cost not to exceed the direct cost of duplication. Both the
index and the materials indexed as required by this paragraph will be made available to the public,
for inspection and copying. Public reading facilities for this purpose will be maintained in
Department of Veterans Affairs Central Office and Department of Veterans Affairs field facilities,
open to the public during the normal duty hours of the office in which located. Orders made in the
adjudication of individual claims under laws administered by the Department of Veterans Affairs are
confidential and privileged by statute (38 U.S.C. 5701) and so are exempt from this requirement.
</p>
<p>(b) When publishing or making available to the public any opinion, order, statement of policy,
interpretation, staff manual or instruction to staff, identifying details will be deleted, and the
deletion justified in writing, to the extent required to prevent a clearly unwarranted invasion of
personal privacy.
</p>
<p>(c) No final order, opinion, statement of policy, interpretation, staff manual or instruction
which is issued, adopted, or promulgated after July 4, 1967, that affects any member of the public
may be relied upon, used, or cited as precedent against any private party unless it has been indexed
and either made available or published as provided in this section or unless that private party
shall have actual and timely notice of the terms thereof.
</p>
<p>[32 FR 10850, July 25, 1967, as amended at 40 FR 12657, Mar. 20, 1975; 72 FR 65462, Nov. 21,
2007]
</p>
<p><b>&#167; 1.553
 Public access to other reasonably described records.
</b></p>
<p>(a) Except for requests for records which are processed under &#167;&#167; 1.551 and
1.552 of this part, unless otherwise provided for in title 38, Code of Federal Regulations, all
requests for records shall be processed under paragraph (b) of this section, as well as under any
other VA law or regulation governing access to or confidentiality of records or information. Records
or information customarily furnished to the public in the regular course of the performance of
official duties may be furnished to the public without reference to paragraph (b) of this section.
To the extent permitted by other laws and regulations, VA will also consider making available
records which it is permitted to withhold under the FOIA if it determines that such disclosure could
be in the public interest.
</p>
<p>(b) Reasonably described records in VA custody, or copies thereof, other than records made
available to the public under provisions of &#167;&#167; 1.551 and 1.552 of this part, or
unless otherwise provided for in title 38, Code of Federal Regulations, requested in accordance with
published rules stating the time, place, fees (if any), and procedures to be followed, will be made
promptly available, except as provided in &#167; 1.554 of this part, to any person upon
request. Such request must be in writing, over the signature of the requester and must contain a
reasonable description of the record desired so that it may be located with relative ease. The
request should be made to the office concerned (having jurisdiction of the record desired) or, if
not known, to the Director or Veterans Service Center Manager in the nearest VA regional office; the
Director, or Chief, Medical Administration Service, or other responsible official of VA medical
facility where most recently treated; or to the Department of Veterans Affairs Central Office, 810
Vermont Avenue NW., Washington, DC 20420. Personal contacts should normally be made during the
regular duty hours of the office concerned, which are 8 a.m. to 4:30 p.m. Monday through Friday for
VA Central Office and most field facilites.
</p>
<p>(Authority: 5 U.S.C. 552(a)(3))
</p>
<p>[53 FR 10377, Mar. 31, 1988, as amended at 71 FR 28586, May 17, 2006]
</p>
<p><b>&#167; 1.553a
 Time limits for Department of Veterans Affairs response to requests for records.
</b></p>
<p>(a) When a request for records made under &#167; 1.551, &#167; 1.552 or
&#167; 1.553 is received it will be promptly referred for action to the proper employee
designated in accordance with &#167; 1.556 to take initial action on granting or denying
requests to inspect or obtain information from or copies of the records described.
</p>
<p>(b) Any such request will then be promptly evaluated and a determination made within 10 days
(excepting Saturdays, Sundays, and legal public holidays) after the receipt of the request whether
the Department of Veterans Affairs will comply with the request. Upon determination to comply or
deny the request the person making the request will be notified immediately of the determination and
the reasons therefor, and of the right of the person to appeal to the Secretary of Veterans Affairs
any adverse determination. Records to be furnished will be supplied promptly.
</p>
<p>(c) Upon receipt of such an appeal from an adverse determination it will be evaluated and a
further determination made within 20 days (excepting Saturdays, Sundays, and legal public holidays)
after receipt of the appeal. If on appeal the denial is in whole or in part upheld the Department of
Veterans Affairs will notify the requester of the provisions for judicial review of this
determination. (See &#167;&#167; 1.557 and 1.558.)
</p>
<p>(d) In unusual circumstances, specifically as follows, the time limits in paragraphs (b) and (c)
of this section may be extended by written notice to the requester setting forth the reasons for
such extension and the date on which a determination is expected to be dispatched. The date
specified will not result in an extension for more than 10 working days. <i>Unusual circumstances</i
> will be interpreted to mean, but only to the extent reasonably necessary to the proper processing
of the particular request, as follows:
</p>
<p>(1) The need to search for and collect the requested records from field facilities or other
establishments that are separate from the office processing the request;
</p>
<p>(2) The need to search for, collect, and appropriately examine a voluminous amount of separate
and distinct records which are demanded in a single request; or
</p>
<p>(3) The need for consultation, which shall be conducted with all practicable speed, with another
agency having a substantial interest in the determination of the request or among two or more
components of the Department of Veterans Affairs having substantial subject-matter interest therein.
</p>
<p>(e) Pursuant to section 552(a)(6), title 5 U.S.C., any person making a request to the Department
of Veterans Affairs for records under section 552(a) (1), (2) or (3) (see &#167;&#167; 1.551,
1.552 and 1.553) will be deemed to have exhausted his or her administrative remedies with respect to
such request if the Department of Veterans Affairs fails to comply with the applicable time limit
provisions of this section. If, however, the Government can show exceptional circumstances exist and
that the Department of Veterans Affairs is exercising due diligence in responding to the request,
the statute also permits the court to retain jurisdiction and allow the Department of Veterans
Affairs additional time to complete its review of the records.
</p>
<p>(f) Requests for the release of information from files, records, reports, and other papers and
documents in Department of Veterans Affairs custody pertaining to claims under any of the laws
administered by the Department of Veterans Affairs (covered by &#167;&#167; 1.500 through
1.527) may also be initiated under 5 U.S.C. 552. Such requests will also be evaluated, a
determination made within 10 days (excepting Saturdays, Sundays, and legal public holidays) after
the receipt of the request whether the Department of Veterans Affairs will comply with the request,
and the requester notified immediately of the determination and the reasons therefor, and of the
right of the person to appeal to the Secretary of Veterans Affairs any adverse determination.
Records to be furnished will be supplied promptly.
</p>
<p>[40 FR 12657, Mar. 20, 1975]
</p>
<p><b>&#167; 1.554
 Exemptions from public access to agency records.
</b></p>
<p>(a) The exemptions in this paragraph constitute authority to withhold from disclosure
certain categories of information in Department of Veterans Affairs records except that any
reasonably segregable portion of a record shall be provided to any person requesting such record
after deletion of the portions which are exempt under this paragraph.
</p>
<p>(1) Specifically authorized under criteria established by an Executive order to be kept secret in
the interest of the national defense or foreign policy, and are in fact properly classified pursuant
to such Executive order.
</p>
<p>(2) Related solely to internal Department of Veterans Affairs personnel rules and practices.
</p>
<p>(3) Specifically exempted from disclosure by statute other than 5 U.S.C. 552b, provided that such
statute:
</p>
<p>(i) Requires that the matters be withheld from the public in such a manner as to leave no
discretion on the issue, or
</p>
<p>(ii) Establishes particular criteria for withholding or refers to particular types of matters to
be withheld.
</p>
<p>(4) Trade secrets and commercial or financial information obtained from any person and privileged
or confidential.
</p>
<p>(5) Interagency or intra-agency memorandums or letters which would not be available by law to a
private party in litigation with the Department of Veterans Affairs.
</p>
<p>(6) Personnel and medical files and similar files the disclosure of which would constitute a
clearly unwarranted invasion of personal privacy.
</p>
<p>(7) Records or information compiled for law enforcement purposes, but only to the extent that the
production of such law enforcement records or information:
</p>
<p>(i) Could reasonably be expected to interfere with enforcement proceedings;
</p>
<p>(ii) Would deprive a person of a right to a fair trial or an impartial adjudication;
</p>
<p>(iii) Could reasonably be expected to constitute an unwarranted invasion of personal privacy;
</p>
<p>(iv) Could reasonably be expected to disclose the identity of a confidential source, including a
State, local or foreign agency or authority or any private institution which furnished information
on a confidential basis, and, in the case of a record or information compiled by a criminal law
enforcement authority in the course of a criminal investigation, or by an agency conducting a lawful
national security intelligence investigation, information furnished by a confidential source;
</p>
<p>(v) Would disclose techniques and procedures for law enforcement investigations or prosecutions,
or would disclose guidelines for law enforcement investigations or prosecutions if such disclosure
could reasonably be expected to risk circumvention of the law, or
</p>
<p>(vi) Could reasonably be expected to endanger the life or physical safety of any individual.

</p><p>(Authority: 5 U.S.C. 552(b)(7))

</p>
<p>(8) Contained in or related to examination, operating, or condition reports prepared by, on
behalf of, or for the use of any agency responsible for the regulation or supervision of financial
institutions.
</p>
<p>(9) Geological and geophysical information and data (including maps) concerning wells.
</p>
<p>(b) Information in the categories exempted under paragraph (a) of this section, other than in
paragraph (a)(3) which is applicable to Department of Veterans Affairs claimant records, will be
released only as authorized in &#167; 1.550. The release of information from Department of
Veterans Affairs claimant records will be made only in accordance with &#167;&#167; 1.501
through 1.526.
</p>
<p>(c)(1) Whenever a request is made which involves access to records described in paragraph (a)(7)
(i) of this section and
</p>
<p>(i) The investigation or proceeding involves a possible violation of criminal law, and
</p>
<p>(ii) There is reason to believe that
</p>
<p>(A) The subject of the investigation or proceeding is not aware of its pendency, and
</p>
<p>(B) Disclosure of the existence of the records could reasonably be expected to interfere with
enforcement proceedings, the Agency may, during only such time as that circumstance continues, treat
the records as not subject to the requirements of this section.
</p>
<p>(2) Whenever informant records maintained by a criminal law enforcement agency under an
informant's name or personal identifier are requested by a third party according to the informant's
name or personal identifier, the Department may treat the records as not subject to the requirements
of this section unless the informant's status as an informant has been officially confirmed.
</p>
<p>(Authority: 5 U.S.C. 552(c)(1) and (c)(2))
</p>
<p>[32 FR 10850, July 25, 1967, as amended at 40 FR 12657, Mar. 20, 1975; 42 FR 37976, July 26,
1977; 53 FR 9442, Mar. 23, 1988]
</p>
<p><b>&#167; 1.554a
 Predisclosure notification procedures for confidential commercial information.
</b></p>
<p>(a) <i>General.</i> During the conduct of its business the Department of Veterans Affairs
(VA) may acquire records which contain confidential commercial information, as defined in paragraph
(b) of this section. Such records will not be released in response to a Freedom of Information Act
(FOIA) request, except under the provisions of this section. This section establishes uniform VA
procedures for giving submitters predisclosure notice of requests for their records which contain
confidential commercial information that may be exempt from disclosure under 38 CFR 1.554(a)(4).
These procedures are required by Executive Order 12600, Predisclosure Notification Procedures for
Confidential Commercial Information, dated June 23, 1987.
</p>
<p>(b) <i>Definitions</i>--(1) <i>Confidential commercial information</i> means records
provided to the government by a submitter that arguably contain material exempt from release under
Exemption 4 of the FOIA, 5 U.S.C. 552 (b)(4), as implemented by &#167; 1.554 of this part,
because disclosure could reasonably be expected to cause substantial competitive harm.
</p>
<p>(2) <i>Submitter</i> means any person or entity who provides confidential commercial information
to the government. The term "submitter" includes, but is not limited to corporations, State
governments, and foreign governments.
</p>
<p>(c) <i>Notification to submitters of confidential commercial information.</i> When a request is
received, for a submitter's record(s), or information which contains confidential commercial
information, and the request is being processed under the FOIA, 5 U.S.C. 552, the submitter will be
promptly notified in writing of the request when required by paragraph (d) of this section. The
notification will advise the submitter that a request for its record(s) has been received and is
being processed under the FOIA. The notice will describe the exact nature of the record(s) requested
or will provide to the submitter copies of the record(s) or portions thereof containing the
requested confidential commercial information. It will also inform the submitter of the opportunity
to object to the disclosure in writing within 10 working days, and of the requirements for such a
written objection, as described in paragraph (f) of this section. The notification will be sent by
certified mail, return receipt requested.
</p>
<p>(d) <i>When notification is required.</i> (1) For confidential commercial information submitted
to VA prior to January 1, 1988, notification to submitters is required whenever:
</p>
<p>(i) The records are less than 10 years old and the requested information has been designated by
the submitter as confidential commercial information; or
</p>
<p>(ii) VA facility, administration, or staff office which has custody of the requested records has
reason to believe that disclosure of the requested information could reasonably be expected to cause
substantial competitive harm.
</p>
<p>(2) For confidential commercial information submitted to VA on or after January, 1, 1988,
notification is required whenever:
</p>
<p>(i) The submitter has in good faith designated the requested records as confidential information
in accordance with paragraph (e) of this section; or
</p>
<p>(ii) VA facility, administration, or staff office which has custody of the requested records has
reason to believe that disclosure could reasonably be expected to cause substantial competitive
harm.
</p>
<p>(e) <i>Designation by submitters of information as confidential commercial information.</i> (1)
When business records are provided to VA, the submitter may appropriately designate any records or
portions thereof which contain confidential commercial information, the disclosure of which could
reasonably be expected to cause substantial competitive harm. This designation may be made at the
time the information or record is given to VA or within a reasonable period of time thereafter, but
not later than 60 days after receipt of the information by VA. Information so designated will be
clearly identified by marking it with the words "confidential commercial information" or by an
accompanying detailed written description of the specific kinds of information that is designated.
If a complete document or record is designated, the cover page of the document or record will be
clearly marked "This entire (document, record, etc.) consists of confidential commercial
information." If only portions of documents are designated, only those specific designated portions
will be conspicuously annotated as "confidential commercial information."
</p>
<p>(2) A designation described in paragraph (e)(1) of this section will remain in effect for a
period of not more than 10 years after submission to VA, unless the submitter provides acceptable
justification for a longer specific period. If a shorter designation period is adequate, the
submitter's designation should include the earlier expiration date. Whenever possible, the
submitter's designation should be supported by a statement or certification by an officer or
authorized representative of the submitter that the records are in fact confidential commercial
information and have not been published or made available to the public.
</p>
<p>(f) <i>Opportunity to object to disclosure.</i> (1) When notification to a submitter is made
pursuant to paragraph (c) of this section, the submitter or designee may object to the disclosure of
any specified portion of the record(s). Such objection will be in writing, will be addressed to the
VA official who provided notice, will identify the specific record(s) or portion(s) of records that
should not be disclosed, will specify all grounds upon which disclosure is opposed, and will explain
in detail why the information is considered to be a trade secret or confidential commercial
information, i.e., why disclosure of the specified records could reasonably be expected to cause
substantial competitive harm. Information provided by a submitter pursuant to this paragraph may
itself be subject to disclosure under the FOIA.
</p>
<p>(2) Any objection to disclosure must be submitted within 10 working days after receipt by the
submitter of notification as provided for in paragraph (c) of this section.
</p>
<p>(3) If an objection to disclosure is received within the 10 working day time period, careful
consideration will be given to all specified grounds for nondisclosure prior to making an
administrative determination whether to disclose the record. When it is determined to disclose the
requested record(s) or portions of records which are the subject of an objection, the submitter will
be provided a written statement of the VA decision, the reason(s) that the submitter's objections to
disclosure were overruled, a description or copy of the exact information or record(s) to be
disclosed which were the subject of an objection, and the specified date of disclosure. The date of
disclosure will not be less than 10 working days from the date this notice is placed into mail
delivery channels.
</p>
<p>(g) <i>Notices to requester.</i> (1) When a request is received for records that may contain
confidential commercial information protected by FOIA exemption (b)(4), 5 U.S.C. 552(B)(4), the
requester will be notified that the request is being processed under the provisions of this
regulation and, as a consequence, there may be a delay in receiving a response.
</p>
<p>(2) Whenever a submitter is notified, pursuant to paragraph (c) of this section, that VA has
received a request for records which had been provided by such submitter, and that such request was
being processed under the FOIA, the requester will be notified that the submitter is being provided
an opportunity to comment on the request. The notice to the requester should not include any of the
specific information contained in the records being requested.
</p>
<p>(3) Whenever VA notifies a submitter of a final decision, the requester will also be notified by
separate correspondence. This notification to the requester may be contained in VA's FOIA decision.
</p>
<p>(h) <i>Notices of lawsuit.</i> Whenever a FOIA requester brings suit seeking to compel disclosure
of confidential commercial information, the submitter of the information will be promptly notified.
</p>
<p>(i) <i>Exceptions to the notification requirements.</i> The predisclosure notification
requirements in paragraph (c) of this section need not be followed if:
</p>
<p>(1) It is determined that the record(s) or information should not be disclosed;
</p>
<p>(2) The record(s) requested have been published or have been officially made available to the
public;
</p>
<p>(3) Disclosure of the record(s) or information is required by law (other than the FOIA, 5 U.S.C.
552);
</p>
<p>(4) Disclosure is required by an Agency rule that:
</p>
<p>(i) Was adopted pursuant to notice and public comment;
</p>
<p>(ii) Specifies narrow classes of records submitted to VA that are to be released under the FOIA;
and
</p>
<p>(iii) Provides in exceptional circumstances for notice when the submitter provides written
justification, at the time the information is submitted or a reasonable time thereafter, that
disclosure of the information could reasonably be expected to cause substantial competitive harm;
</p>
<p>(5) The record(s) requested are not designated by the submitter as exempt from disclosure in
accordance with paragraph (e) of this section, and the submitter had an opportunity to do so at the
time of submission of the record(s) or a reasonable time thereafter, and VA does not have
substantial reason to believe that disclosure of the information would result in competitive harm;
or
</p>
<p>(6) The designation made by the submitter in accordance with paragraph (e) of this section
appears obviously frivolous, except that, in such case, VA must still provide the submitter with
advance written notice of any final administrative disclosure determination not less than 10 working
days prior to the specified disclosure date.</p>
<p>(Approved by the Office of Management and Budget under control number 2900-0393)
</p>
<p>(Authority: 38 U.S.C. 501; 5 U.S.C. 552(b)(4): E.O. 12600 (52 FR 23781))
</p>
<p>[57 FR 2229, Jan. 21, 1992]
</p>
<p><b>&#167; 1.555
 Fees.
</b></p>
<p>(a) <i>Definitions of terms.</i> For the purpose of this section, the following definitions
apply:
</p>
<p>(1) <i>Commercial use request</i> means a request from or on behalf of one who seeks information
for a use or purpose that furthers the commercial, trade or profit interests of the requester or the
person on whose behalf the request is made. To determine whether a request properly belongs in this
category, consideration must be given to the use to which a requester will put the documents
requested. Where the use of the records sought is not clear in the request or where there is
reasonable cause to doubt the use to which the requester will put the records sought, additional
information may be sought from the requester before assigning the request to a specific category.
</p>
<p>(2) <i>Direct costs</i> means those expenditures which VA actually incurs in searching for and
duplicating (and in the case of commercial use requests, reviewing) documents to respond to a
Freedom of Information Act (FOIA) request. Direct costs include, for example, the salary of the
employee performing work, i.e., the basic rate of pay for the employee, plus 16 percent of that rate
to cover benefits, and the cost of operating duplicating machinery. Not included in direct costs are
overhead expenses such as costs of space, and heating or lighting of the facility in which the
records are stored.
</p>
<p>(3) <i>Duplication</i> means the process of making a copy of a document necessary to respond to a
FOIA request. Such copies can take the form of paper copy, microform, audiovisual materials or
machine readable documentation (e.g., magnetic tape or disk), among others. The copy provided must
be in a form that is reasonably usable by requesters.
</p>
<p>(4) <i>Educational institution</i> means a preschool, a public or private elementary or secondary
school, an institution of graduate higher education, an institution of undergraduate higher
education, an institution of professional education, and an institution of vocational education,
which operates a program or programs of scholarly research. To determine whether a request properly
belongs in this category, the request must be evaluated to ensure that it is apparent from the
nature of the request that it serves a scholarly research goal of the institution, rather than an
individual goal of the requester or a commercial goal of the institution.
</p>
<p>(5) <i>Non-commercial scientific institution</i> means an institution that is not operated on a
<i>commercial</i> basis (as that term is referenced under <i>Commercial use request</i> of this
paragraph) and which is operated solely for the purpose of conducting scientific research, the
results of which are not intended to promote any particular product or industry.
</p>
<p>(6) <i>Representative of the news media</i> means any person actively gathering news for an
entity that is organized and operated to publish or broadcast news to the public. The term <i>news
</i> means information that is about current events or that would be of current interest to the
public. Examples of news media entities include television or radio stations broadcasting to the
public at large, and publishers of periodicals (but only in those instances when they can qualify as
disseminators of <i>news</i>) who make their products available for purchase or subscription by the
general public. These examples are not intended to be all inclusive. As traditional methods of news
delivery evolve (e.g., electronic dissemination of newspapers through telecommunications services),
such alternative media will be included in this category. <i>Freelance</i> journalists may be
regarded as working for a news organization if they can demonstrate a solid basis for expecting
publication through that organization, even though not actually employed by it. A publication
contract would be the clearest proof, but the requester's past publication history can be considered
also. In any case, freelancers who do not qualify for inclusion in the <i>representative of the news
media</i> category may seek a reduction or waiver of fees under paragraph (f) of this section.
</p>
<p>(7) <i>Review</i> means the process of examining documents located in response to a <i>commercial
use request</i> (see definition of commercial use request in this section) to determine whether any
portion of any document located is permitted to be withheld. It also includes processing any
documents for disclosure in response to a <i>commercial use request,</i> e.g., doing all that is
necessary to excise them and otherwise prepare them for release. The term <i>review</i> does not
include time spent resolving general legal or policy issues regarding the application of exemptions.
</p>
<p>(8) <i>Search</i> means all the time spent looking for material that is responsive to a request,
including page-by-page or line-by-line identification of material within documents. Searches may be
done manually or by computer using existing programs. The most efficient and least expensive manner
of searching for material will be used to minimize costs to VA and the requester. For example, line-
by-line searches will not be conducted when duplicating an entire document is the least expensive
and quicker method of complying with a request. The term <i>search</i> does not cover the time spent
to review documents to determine whether all or portions thereof can be withheld under one of the
nine categories of exemptions identified in &#167; 1.554 of this part.
</p>
<p>(b) <i>Fees to be charged.</i> (1) Except as provided in paragraphs (c), (d), (f) and (g) of this
section, the Department of Veterans Affairs will charge fees that recoup the full allowable direct
costs for responding to each request from the public. Such fees will be charged in accordance with
the schedule of fees in paragraph (e) of this section, and other requirements or restrictions in
this regulation. The most efficient and least costly methods will be used to comply with requests
for documents made under the FOIA.
</p>
<p>(2) If it is estimated that charges for duplication determined by using the fee schedule in
&#167; 1.555(e) of this part are likely to exceed $25, the requester will be notified of the
estimated amount of fees, unless the requester has indicated in advance his or her willingness to
pay fees as high as those anticipated. Such notice will offer the requester the opportunity to
confer with Department personnel with the object of reformulating the request to meet his or her
needs at a lower cost.
</p>
<p>(3) Each administration and staff office upon approval of the Secretary is authorized to contract
with private sector services to locate, reproduce, and disseminate records in response to FOIA
requests when that is the most efficient and least costly method. If a contractor is used, the
ultimate cost to the requester can be no greater than it would if the administration, staff office,
or field facility performed the task, itself. In no case may an administration, staff office, or
field facility contract out responsibilities which the FOIA provides that they alone may discharge,
such as determining the applicability of an exemption, or determining whether to waive or reduce
fees.
</p>
<p>(4) When documents that would be responsive to a request are maintained for distribution by
agencies operating statutory-based fee schedule programs, in which the agency is required to set the
level of fees for particular types of records, such as the National Technical Information Service or
the Government Printing Office, the requester of such documents will be informed of the steps
necessary to obtain records from those sources, rather than from VA.
</p>
<p>(c) <i>Restrictions on assessing fees.</i> With the exception of commercial use requests no
charges will be assessed for the first 100 pages of duplication and the first two hours of search
time. Moreover, no fees are to be charged any requester, including commercial use requesters, if the
cost of collecting the fee is equal to or greater than the fee itself. These provisions work
together so that, except for commercial use requests, fees will not be assessed until the free
search and duplication have been provided. For example, if a request takes two hours and ten minutes
of search time and results in 105 reproduced pages of documents, fees can be charged for only 10
minutes of search time and for only five pages of reproduction. If this cost were equal to or less
than the cost to VA of billing the requester and processing the fee collected, no charges would be
assessed. (NOTE: The cost of collecting fees are VA's administrative costs of receiving and
recording a requester's remittance, and processing the fee for deposit in the Treasury Department's
special account. The cost is determined to be negligible. The per-transaction costs to the Treasury
to handle such remittances is negligible and will not be considered in the Department's
determination.)
</p>
<p>(1) For purposes of the restriction on assessing fees, the word <i>pages</i> refers to one-sided
paper copies of the standard sizes 8 1/2'' x 11'' or 8 1/2'' x 14'' or 11 ''
x 14''. Accordingly, requesters will not be entitled to 100 microfiche or 100 computer disks
free. One microfiche containing the equivalent of 100 pages or 100 pages of computer printout might
meet the terms of the restriction.
</p>
<p>(2) The term <i>search time</i> in this context is based on manual searches. To calculate the <i>
computer search time</i> for the purpose of applying the two-hour search restriction, the hourly
cost of operating the computer's central processing unit will be combined with the operator's hourly
salary, plus 16 percent of the salary. When the cost of the search (including the operator time and
the cost of the computer to process a request) equals the equivalent dollar amount of two hours of
the salary of the person performing the search, i.e., the operator, charges will begin to be
assessed for a computer search.
</p>
<p>(d) <i>Categories of requesters and fees to be charged each category.</i> There are four
categories of FOIA requesters: Commercial use requesters; educational and non-commercial scientific
institutional requesters; requesters who are representatives of news media; and all other
requesters. Specific levels of fees will be charged for each of these categories as follows:
</p>
<p>(1) <i>Commercial use requesters.</i> When a request for documents for commercial use is
received, the full direct costs of searching for, reviewing for release, and duplicating the records
sought will be charged to the requester. Commercial use requesters are not entitled to two hours of
free search time nor 100 free pages of reproduced documents. Moreover, the commercial use requester
will be charged the cost of searching for and reviewing records even if there is ultimately no
disclosure of records. The requester must reasonably describe the records sought.
</p>
<p>(2) <i>Educational and non-commercial scientific institution requesters.</i> These requesters
will be charged only for the cost of reproduction, excluding charges for the first 100 pages. In
order to be considered a member of this category, a requester must show that the request is being
made as authorized by and under the auspices of a qualifying institution and that the records are
not sought for a commercial use. If the request is from an educational institution, the requester
must show that the records sought are in furtherance of scholarly research. If the request is from a
non-commercial scientific institution, the requester has to show that the records are sought in
furtherance of scientific research. Information necessary to support a claim of being categorized as
an educational or non-commercial scientific institution requester will be provided by the requester,
and the requester must reasonably describe the records sought.
</p>
<p>(3) <i>Representatives of news media.</i> These requesters will be charged for the cost of
reproduction, only, excluding charges for the first 100 pages. To be included in this category, a
requester must fall within the definition of a representative of the news media specified in
paragraph (a)(vi) of this section, and the request must not be made for commercial use. A request
for records supporting the news dissemination function of the requester will not be considered to be
a request that is for commercial use. Requesters must reasonably describe the records sought.
</p>
<p>(4) <i>All other requesters.</i> Any requester that does not fit into any of the categories in
this section will be charged fees which recover the full reasonable direct cost of searching for and
reproducing records that are responsive to the request, except that the first 100 pages of
reproduction and the first two hours of search time will be furnished without charge. In addition,
under certain circumstances specified in paragraph (f) of this section, fees will be waived or
reduced at the discretion of field facility heads, their designee, or responsible Central Office
officials. Requests from VA beneficiaries, applicants for VA benefits, or other individuals for
records retrievable by their name or other personal identifier will initially be processed under 38
U.S.C. 5701 and 5 U.S.C. 552a and will be assessed fees in accordance with the applicable fee
provisions of &#167; 1.526(i) or &#167; 1.577(f) of this part. To the extent that records
are not disclosable under these provisions, the disclosure of such records will be evaluated under
&#167;&#167; 1.550 through 1.559 of this part, and fees will be assessed under paragraph (e) of
this section. Requesters must reasonably describe the records sought.
</p>
<p>(e) <i>Schedule of fees:</i></p>
<table>
<tr><th scope='col'>Activity</th>
<th scope='col'>Fees</th></tr>
<tr><td>(1) Duplication of documents by any type of reproduction process to produce plain one-sided
paper copies of a standard size (8 1/2'' x 11''; 8 1/2'' x 14''; 11'' x
14'')</td><td>$0.15 per page.</td></tr>
<tr><td>(2) Duplication of non-paper records, such as microforms, audiovisual materials (motion
pictures, slides, laser optical disks, video tapes, audiotapes, etc.) computer tapes and disks,
diskettes for personal computers, and any other automated media output</td><td>Actual direct cost to the
Agency. (See paragraph (a)(2) of this section and, if costs are likely to exceed $25.00, paragraph
(b)(2) of this section.</td></tr>
<tr><td>(3) Duplication of documents by any type of reproduction process not covered by paragraphs
(e)(1) and (2) of this section to produce a copy in a form reasonably usable by the requester</td><td>
Actual direct cost to the Agency. (See paragraph (a)(2) of this section and, if costs are likely to
exceed $25.00, paragraph (b)(2) of this section.</td></tr>
<tr><td>(4) Document search by manual (non-automated) methods</td><td>Basic hourly salary rate of the
employee(s) performing the search, plus 16 percent. (If costs are likely to exceed $25.00, see
paragraph (g)(2) of this section.)</td></tr>

<tr><td colspan="2">(Note--If a department, staff office or field station uses
exclusively a single class of personnel, e.g., all administrative/clerical or all
professional/executive, an average rate for the range of grades involved may be used).</td></tr>

<tr><td>(5) Document search using automated methods, such as by computer</td><td>Actual direct cost to
perform search. (See paragraph (c)(2) of this section, and, if costs are likely to exceed $25.00,
see paragraph (g)(2) of this section.)</td></tr>
<tr><td>(6) Document review (use only for commercial use requesters)</td><td>Basic hourly salary rate of
employee(s) performing initial review to determine whether to release document(s) or portions of
records, plus 16 percent.</td></tr>

<tr><td colspan="2">(Note. Charge for document reviews covers only the time spent reviewing
the document(s) at the initial administrative level to determine applicability of a specific FOIA
exemption to a particular record or portion of a record. It does not cover any review incurred at
the administrative appeal level once the initial exemptions are applied. However, records or
portions of records withheld in full under an exemption which is subsequently determined not to
apply may be reviewed again to determine the applicability of other exemptions not previously
considered. The cost for such a subsequent review may be properly assessed).</td></tr>

<tr><td>(7) Other charges: Certifying that records are true copies; Sending records by special
methods such as express mail</td><td>Where applicable, assess under provisions of &#167;&#167; 
1.526(i) and (j) of this part, otherwise actual direct cost of service performed.</td></tr></table>

<p>(f) <i>Waiving or reducing fees.</i> (1) Fees for records and services provided in response to a
FOIA request will be waived or reduced when it is determined by responsible Central Office officials
or field station heads or their designee that furnishing the document(s) is in the public interest
because it is likely to contribute significantly to public understanding of the operations or
activities of the government and is not primarily in the commercial interest of the requester.
</p>
<p>(2) The following factors will be considered in sequence in determining whether disclosure of
information is in the public interest because it is likely to contribute significantly to the public
understanding of the operations or activities of the government:
</p>
<p>(i) The subject of the request: Whether the subject of the requested records concerns the
operations or activities of the government;
</p>
<p>(ii) The informative value of the information to be disclosed: Whether the disclosure is likely
to contribute to an understanding of government operations or activities;
</p>
<p>(iii) The contribution to an understanding of the subject by the public likely to result from
disclosure: Whether disclosure of the requested information will contribute to public understanding;
and
</p>
<p>(iv) The significance of the contribution to public understanding: Whether the disclosure is
likely to contribute significantly to public understanding of government operations or activities.
</p>
<p>(3) The following factors will be considered in sequence in determining whether disclosure of
information is primarily in the commercial interest of the requester:
</p>
<p>(i) The existence and magnitude of a commercial interest: Whether the requester has a commercial
interest that would be furthered by the requested disclosure; and, if so
</p>
<p>(ii) The primary interest in disclosure: Whether the magnitude of the identified commercial
interest of the requester is sufficiently large, in comparison with the public interest in
disclosure, that disclosure is primarily in the commercial interest of the requester.
</p>
<p>(4) An appeal from an adverse fee waiver or reduction determination will be processed in the same
manner as described in &#167; 1.557 of this part.
</p>
<p>(g) <i>Other administrative considerations to improve assessment and collection of fees</i>
--(1) <i>Charging interest--notice and rate.</i> The Department of Veterans Affairs may
charge interest to those requesters who fail to timely pay fees assessed in accordance with these
regulations. Determination to charge interest will be made by the responsible Central Office
official or field facility head or designee. Interest will be assessed on the unpaid bill beginning
on the 31st day following the day on which the original building was sent. Interest will be at the
rate prescribed in section 3717 of title 31 U.S.C., and will accrue from the date of the billing.
Accounting procedures ensure that a requester who has remitted the full amount within the time
period is properly credited with the payment. The fact that the fee has been received by VA, even if
not processed, will suffice to stay the accrual of interest.
</p>
<p>(2) <i>Charges for unsuccessful search.</i> When it is determined by the responsible Central
Office official or field facility head or designee, charges for searching may be assessed, even if
records are not located to satisfy a request or if records located are determined to be exempt from
disclosure. If it is determined that search charges are likely to exceed $25, the requester will be
notified of the estimated amount of fees, unless the requester has indicated in advance a
willingness to pay fees as high as those anticipated. Such notice will offer the requester the
opportunity to confer with agency personnel with the object of reformulating the request to meet his
or her needs at a lower cost.
</p>
<p>(3) <i>Aggregating requests.</i> When the responsible Central Office official or field facility
head or designee reasonably believes that a requester or, on rare occasions, a group of requesters
acting in concert, is attempting to break a request down into a series of requests for the purpose
of evading the assessment of fees, the responsible Central Office official, or field facility head
or designee may aggregate (combine) any such requests and charge accordingly. One element to
consider in determining whether a belief would be reasonable is the time period in which the
requests occurred. For example, it is reasonable to presume that multiple requests within a 30-day
time period that seek portion(s) of the same document(s) is an attempt to avoid payment of charges.
For requests made over a longer period, however, such presumption becomes harder to sustain. In each
case, there must be a solid basis for determining that aggregation is warranted. Caution will be
exercised before aggregating requests from more than one requester. There must be a concrete basis
on which to conclude that the requesters are acting in concert and are acting specifically to avoid
payment. In no case will multiple requests on unrelated subjects from one requester be aggregated.
</p>
<p>(4) <i>Advance payments.</i> The Department of Veterans Affairs may not require a requester to
make an advance payment, i.e., payment before work is commenced or continued on a request, unless:
</p>
<p>(i) The allowable charges that a requester may be required to pay are likely to exceed $250.
Then, the Department of Veterans Affairs should either notify the requester of the likely cost and
obtain satisfactory assurance of full payment, or require an advance payment of an amount up to the
full estimated charges in the case of requesters with no history of payment; or
</p>
<p>(ii) A requester has previously failed to pay a fee charged in a timely fashion (i.e., within 30
days of the date of the billing). Then, the Department of Veterans Affairs may require the requester
to pay the full amount owed, plus any applicable interest as provided in paragraph (g)(1) of this
section, or to demonstrate that he or she has, in fact, paid the fee, and to make an advance payment
of the estimated fee before the Department begins to process a new request or a pending request from
that requester.
</p>
<p>(iii) If a requester is required to make advance payments, as described in this section, the time
limits prescribed in &#167; 1.553a of this part, for responding to initial requests and appeals
from initial denials, will begin only after the Department has received the advance fee payments.
</p>
<p>(5) <i>Debt collection.</i> In the event of non-payment of billed charges for disclosure of
records, the procedures authorized by the Debt Collection Act of 1982 (Pub. L. 97-365) may be
used. This may include disclosure to consumer reporting agencies and use of collection agencies.
</p>
<p>(Authority: 5 U.S.C. 552(a)(4)(A))
</p>
<p>[53 FR 10377, Mar. 31, 1988]
</p>
<p><b>&#167; 1.556
 Requests for other reasonably described records.
</b></p>
<p>Each administration, staff office, and field facility head will designate an employee(s) who
will be responsible for initial action on (granting or denying) requests to inspect or obtain
information from or copies of records under their jurisdiction and within the purview of
&#167; 1.553. This responsibility includes maintaining a uniform listing of such requests. Data
logged will consist of: Name and address of requester; date of receipt of request; brief description
of request; action taken on request, granted or denied; citation of the specific section when
request is denied; and date of reply to the requester. In the field a denial of any such request may
be made only by the Director or the designated employee and in Central Office only by the
administration or staff office head or designee. The letter notifying the requester of the denial
will be signed by the official making the denial decision. Any legal question arising in a field
station concerning the release of information will be referred to the appropriate Regional Counsel
for disposition as contemplated by &#167; 13.401* of this chapter. In Central Office such legal
questions will be referred to the General Counsel. Any administrative question will be referred
through administrative channels to the appropriate administration or staff office head. All denials
or proposed denials at the Central Office level will be coordinated with the Director, Information
Service as well as the General Counsel.
</p>
<p>*<i>Editorial Note:</i> At 42 FR 41410, Aug. 17, 1977, &#167; 13.401 was removed.
</p>
<p>[40 FR 12658, Mar. 20, 1975]
</p>
<p><b>&#167; 1.557
 Administrative review.
</b></p>
<p>(a) Upon denial of a request, the responsible Department of Veterans Affairs official or
designated employee will inform the requester in writing of the denial, cite the specific exemption
in &#167; 1.554 upon which the denial is based, set forth the names and titles or positions of
each person responsible for the denial of such request, and advise that the denial may be appealed
to the General Counsel.
</p>
<p>(b) The final agency decision in such appeals will be made by the General Counsel or the Deputy
General Counsel.
</p>
<p>[40 FR 12658, Mar. 20, 1975, as amended at 55 FR 21546, May 25, 1990]
</p>
<p><b>&#167;&#167; 1.558-1.559 [Reserved]</b></p>
<p><b>Safeguarding Personal Information in Department of Veterans Affairs Records
</b></p>
<p><b>Note:</b></p>
<p>Sections 1.575 through 1.584 concern the safeguarding of individual privacy
from the misuse of information from files, records, reports, and other papers and documents in
Department of Veterans Affairs custody. As to the release of information from Department of Veterans
Affairs claimant records see &#167; 1.500 series. As to the release of information from
Department of Veterans Affairs records other than claimant records see &#167; 1.550 series.
Section 1.575 series implement the provisions of Pub. L. 93-579, December 31, 1974, adding a
section 552a to title 5 U.S.C. providing that individuals be granted access to records concerning
them which are maintained by Federal agencies, and for other purposes.
</p>
<p><b>Source:</b> 40 FR 33944, Aug. 12, 1975, unless otherwise noted.
</p>
<p><b>&#167; 1.575
 Social security numbers in veterans' benefits matters.
</b></p>
<p>(a) Except as provided in paragraph (b) of this section, no one will be denied any right,
benefit, or privilege provided by law because of refusal to disclose to the Department of Veterans
Affairs a social security number.
</p>
<p>(b) VA shall require mandatory disclosure of a claimant's or beneficiary's social security number
(including the social security number of a dependent of a claimant or beneficiary) on necessary
forms as prescribed by the Secretary as a condition precedent to receipt or continuation of receipt
of compensation or pension payable under the provisions of chapters 11, 13 and 15 of title 38,
United States Code, provided, however, that a claimant shall not be required to furnish VA with a
social security number for any person to whom a social security number has not been assigned. VA may
also require mandatory disclosure of an applicant's social security number as a condition for
receiving loan guaranty benefits and a social security number or other taxpayer identification
number from existing direct and vendee loan borrowers and as a condition precedent to receipt of a
VA-guaranteed loan, direct loan or vendee loan, under chapter 37 of title 38, United States Code.
(Pub. L. 97-365, sec. 4)
</p>
<p>(c) A person requested by VA to disclose a social security number shall be told, as prescribed by
&#167; 1.578(c), whether disclosure is voluntary or mandatory. The person shall also be told
that VA is requesting the social security number under the authority of title 38 U.S.C., or in the
case of existing direct or vendee loan borrowers, under the authority of 26 U.S.C. 6109(a) in
conjunction with sections 145 and 148 of Pub. L. 98-369, or in the case of loan applicants,
under the authority of section 4 of Pub. L. 97-365. The person shall also be told that it will
be used in the administration of veterans' benefits in the identification of veterans or persons
claiming or receiving VA benefits and their records, that it may be used in making reports to the
Internal Revenue Service where required by law, and to determine whether a loan guaranty applicant
has been identified as a delinquent taxpayer by the Internal Revenue Service, and that such
taxpayers may have their loan applications rejected, and that it may be used to verify social
security benefit entitlement (including amounts payable) with the Social Security Administration
and, for other purposes where authorized by both title 38 U.S.C., and the Privacy Act of 1974, (Pub.
L. 93-579), or, where required by another statute. (Pub. L. 97-365, sec. 4)
</p>
<p>(Authority: 38 U.S.C. 5101)
</p>
<p>[44 FR 22068, Apr. 13, 1979, as amended at 51 FR 21750, June 16, 1986; 56 FR 25044, June 3, 1991]
</p>
<p><b>&#167; 1.576
 General policies, conditions of disclosure, accounting of certain disclosures, and definitions.
</b></p>
<p>(a) The Department of Veterans Affairs will safeguard an individual against an invasion of
personal privacy. Except as otherwise provided by law or regulation its officials and employees
will:
</p>
<p>(1) Permit an individual to determine what records pertaining to him or her will be collected,
maintained, used, or disseminated by the Department of Veterans Affairs.
</p>
<p>(2) Permit an individual to prevent records pertaining to him or her, obtained by the Department
of Veterans Affairs for a particular purpose, from being used or made available for another purpose
without his or her consent.
</p>
<p>(3) Permit an individual to gain access to information pertaining to him or her in Department of
Veterans Affairs records, to have a copy made of all or any portion thereof, and to correct or amend
such records.
</p>
<p>(4) Collect, maintain, use, or disseminate any record of identifiable personal information in a
manner that assures that such action is for a necessary and lawful purpose, that the information is
correct and accurate for its intended use, and that adequate safeguards are provided to prevent
misuse of such information.
</p>
<p>(5) Permit exemptions from records requirements provided in 5 U.S.C. 552a only where an important
public policy need for such exemption has been determined pursuant to specific statutory authority.
</p>
<p>(b) The Department of Veterans Affairs will not disclose any record contained in a system of
records by any means of communication to any person or any other agency except by written request of
or prior written consent of the individual to whom the record pertains unless such disclosure is:
</p>
<p>(1) To those officers and employees of the agency which maintains the record and who have a need
for the record in the performance of their duties;
</p>
<p>(2) Required under 5 U.S.C. 552;
</p>
<p>(3) For a routine use of the record compatible with the purpose for which it was collected;
</p>
<p>(4) To the Bureau of the Census for purposes of planning or carrying out a census or survey or
related activity pursuant to title 13 U.S.C.;
</p>
<p>(5) To a recipient who has provided the Department of Veterans Affairs with advance adequate
written assurance that the record will be used solely as a statistical research or reporting record,
and the record is to be transferred in a form that is not individually identifiable;
</p>
<p>(6) To the National Archives of the United States as a record which has sufficient historical or
other value to warrant its continued preservation by the U.S. Government, or for evaluation by the
Administrator of General Services or designee to determine whether the record has such value;
</p>
<p>(7) To another agency or to an instrumentality of any governmental jurisdiction within or under
the control of the United States for a civil or criminal law enforcement activity if the activity is
authorized by law, and if the head of the agency or instrumentality has made a written request to
the Department of Veterans Affairs specifying the particular portion desired and the law enforcement
activity for which the record is sought;
</p>
<p>(8) To a person pursuant to a showing of compelling circumstances affecting the health or safety
of an individual if upon such disclosure notification is transmitted to the last known address of
such individual;
</p>
<p>(9) To either House of Congress, or, to the extent of matter within its jurisdiction, any
committee or subcommittee thereof, any joint committee of Congress or subcommittee of any such joint
committee;
</p>
<p>(10) To the Comptroller General, or any authorized representatives, in the course of the
performance of the duties of the General Accounting Office; or
</p>
<p>(11) Pursuant to the order of a court of competent jurisdiction.
</p>
<p>(c) With respect to each system of records (i.e., a group of records from which information is
retrieved by the name of the individual or by some identifying number, symbol, or other identifying
particular assigned to the individual) under Department of Veterans Affairs control, the Department
of Veterans Affairs will (except for disclosures made under paragraph (b)(1) or (2) of this section)
keep an accurate accounting as follows:
</p>
<p>(1) For each disclosure of a record to any person or to another agency made under paragraph (b)
of this section, maintain information consisting of the date, nature, and purpose of each
disclosure, and the name and address of the person or agency to whom the disclosure is made;
</p>
<p>(2) Retain the accounting made under paragraph (c)(1) of this section for at least 5 years or the
life of the record, whichever is longer, after the disclosure for which the accounting is made;
</p>
<p>(3) Except for disclosures made under paragraph (b)(7) of this section, make the accounting under
paragraph (c)(1) of this section available to the individual named in the record at his or her
request; and
</p>
<p>(4) Inform any person or other agency about any correction or notation of dispute made by the
agency in accordance with &#167; 1.579 of any record that has been disclosed to the person or
agency if an accounting of the disclosure was made.
</p>
<p>(d) For the purposes of &#167;&#167; 1.575 through 1.584, the parent of any minor, or the
legal guardian of any individual who has been declared incompetent due to physical or mental
incapacity or age by a court of competent jurisdiction, may act on behalf of the individual.
</p>
<p>(e) Section 552a(i), title 5 U.S.C., provides that:
</p>
<p>(1) Any officer or employee of the Department of Veterans Affairs, who by virtue of his or her
employment or official position, has possession of, or access to, Department of Veterans Affairs
records which contain individually identifiable information the disclosure of which is prohibited by
5 U.S.C. 552a or by &#167; 1.575 series established thereunder, and who knowing that disclosure
of the specific material is so prohibited, willfully discloses the material in any manner to any
person or agency not entitled to receive it, shall be guilty of a misdemeanor and fined not more
than $5,000.
</p>
<p>(2) Any officer or employee of the Department of Veterans Affairs who willfully maintains a
system of records without meeting the notice requirements of 5 U.S.C. 552a(e)(4) (see &#167; 
1.578(d)) shall be guilty of a misdemeanor and fined not more than $5,000.
</p>
<p>(3) Any person who knowingly and willfully requests or obtains any record concerning an
individual from the Department of Veterans Affairs under false pretenses shall be guilty of a
misdemeanor and fined not more than $5,000.
</p>
<p>(f) For purposes of &#167; 1.575 series the following definitions apply:
</p>
<p>(1) The term <i>agency</i> includes any executive department, military department, Government
corporation, Government controlled corporation, or other establishment in the executive branch of
the government (including the Executive Office of the President), or any independent regulatory
agency.
</p>
<p>(2) The term <i>individual</i> means a citizen of the United States or an alien lawfully admitted
for permanent residence.
</p>
<p>(3) The term <i>maintain</i> includes maintain, collect, use, or disseminate.
</p>
<p>(4) The term <i>record</i> means any item, collection, or grouping of information about an
individual that is maintained by an agency, including, but not limited to, his or her education,
financial transactions, medical history, and criminal or employment history and that contains his or
her name, or the identifying number, symbol, or other identifying particular assigned to the
individual, such as a finger or voice print or a photograph.
</p>
<p>(5) The term <i>system of records</i> means a group of any records under the control of any
agency from which information is retrieved by the name of the individual or by some identifying
number, symbol, or other identifying particular assigned to the individual.
</p>
<p>(6) The term <i>statistical record</i> means a record in a system of records maintained for
statistical research or reporting purposes only and not used in whole or in part in making any
determination about an identifiable individual except as provided by section 8 of title 13 U.S.C.
</p>
<p>(7) The term <i>routine use</i> means, with respect to the disclosure of a record, the use of
such record for a purpose which is compatible with the purpose for which it was collected.
</p>
<p>(g) When the Department of Veterans Affairs provides by a contract for the operation by or on
behalf of the Department of Veterans Affairs of a system of records to accomplish a Department of
Veterans Affairs function, the Department of Veterans Affairs will, consistent with its authority,
cause the requirements of 5 U.S.C. 552a (as required by subsection (m)) and those of the
&#167; 1.575 series to be applied to such system. For the purposes of 5 U.S.C. 552a(i) and
&#167; 1.576(e) any such contractor and any employee of such contractor, if such contract is
agreed to on or after September 27, 1975, will be considered to be an employee of the Department of
Veterans Affairs.
</p>
<p>(h) The Department of Veterans Affairs will, for the purposes of 5 U.S.C. 552a, consider that it
maintains any agency record which it deposits with the Administrator of General Services for
storage, processing, and servicing in accordance with section 3103 of title 44 U.S.C. Any such
record will be considered subject to the provisions of &#167; 1.575 series implementing 5
U.S.C. 552a and any other applicable Department of Veterans Affairs regulations. The Administrator
of General Services is not authorized to disclose such a record except to the Department of Veterans
Affairs, or under regulations established by the Department of Veterans Affairs which are not
inconsistent with 5 U.S.C. 552a.
</p>
<p>(i) The Department of Veterans Affairs will, for the purposes of 5 U.S.C. 552a, consider that a
record is maintained by the National Archives of the United States if it pertains to an identifiable
individual and was transferred to the National Archives prior to September 27, 1975, as a record
which has sufficient historical or other value to warrant its continued preservation by the United
States Government. Such records are not subject to the provisions of 5 U.S.C. 552a except that a
statement generally describing such records (modeled after the requirements relating to records
subject to subsections (e)(4)(A) through (G) of 5 U.S.C. 552a) will be published in the <i>Federal
Register.</i>
</p>
<p>(j) The Department of Veterans Affairs will also, for the purposes of 5 U.S.C. 552a, consider
that a record is maintained by the National Archives of the United States if it pertains to an
identifiable individual and is transferred to the National Archives on or after September 27, 1975,
as a record which has sufficient historical or other value to warrant its continued preservation by
the United States Government. Such records are exempt from the requirements of 5 U.S.C. 552a except
subsections (e)(4) (A) through (G) and (e)(9) thereof.
</p>
<p>(Authority: 38 U.S.C. 501)
</p>
<p>[40 FR 33944, Aug. 12, 1975, as amended at 40 FR 58644, Dec. 18, 1975; 47 FR 16323, Apr. 16,
1982]
</p>
<p><b>&#167; 1.577
 Access to records.
</b></p>
<p>(a) Except as otherwise provided by law or regulation any individual upon request may gain
access to his or her record or to any information pertaining to him or her which is contained in any
system of records maintained by the Department of Veterans Affairs. The individual will be
permitted, and upon his or her request, a person of his or her own choosing permitted to accompany
him or her, to review the record and have a copy made of all or any portion thereof in a form
comprehensible to him or her. The Department of Veterans Affairs will require, however, a written
statement from the individual authorizing discussion of that individual's record in the accompanying
person's presence.
</p>
<p>(b) Any individual will be notified, upon request, if any Department of Veterans Affairs system
of records named contains a record pertaining to him or her. Such request must be in writing, over
the signature of the requester. The request must contain a reasonable description of the Department
of Veterans Affairs system or systems of records involved, as described at least annually by notice
published in the <i>Federal Register</i> describing the existence and character of the Department of
Veterans Affairs system or systems of records pursuant to &#167; 1.578(d). The request should
be made to the office concerned (having jurisdiction over the system or systems of records involved)
or, if not known, to the Director or Department of Veterans Affairs Officer in the nearest
Department of Veterans Affairs regional office, or to the Department of Veterans Affairs Central
Office, 810 Vermont Avenue, NW., Washington, DC 20420. Personal contact should normally be made
during the regular duty hours of the office concerned, which are 8:00 a.m. to 4:30 p.m., Monday
through Friday for Department of Veterans Affairs Central Office and most field facilities.
Identification of the individual requesting the information will be required and will consist of the
requester's name, signature, address, and claim, insurance or other identifying file number, if any,
as a minimum. Additional identifying data or documents may be required in specified categories as
determined by operating requirements and established and publicized by the promulgation of
Department of Veterans Affairs regulations. (5 U.S.C. 552a(f)(1))
</p>
<p>(c) The department or staff office having jurisdiction over the records involved will establish
appropriate disclosure procedures and will notify the individual requesting disclosure of his or her
record or information pertaining to him or her of the time, place and conditions under which the
Department of Veterans Affairs will comply to the extent permitted by law and Department of Veterans
Affairs regulation. (5 U.S.C. 552a(f)(2))
</p>
<p>(d) Access to sensitive material in records, including medical and psychological records, is
subject to the following special procedures. When an individual requests access to his or her
records, the Department of Veterans Affairs official responsible for administering those records
will review them and identify the presence of any sensitive records. Sensitive records are those
that contain information which may have a serious adverse effect on the individual's mental or
physical health if they are disclosed to him or her. If, on review of the records, the Department of
Veterans Affairs official concludes that there are sensitive records involved, the official will
refer the records to a Department of Veterans Affairs physician, other than a rating board
physician, for further review. If the physician who reviews the records believes that disclosure of
the information directly to the individual could have an adverse effect on the physical or mental
health of the individual, the responsible Department of Veterans Affairs official will then advise
the requesting individual: (1) That the Department of Veterans Affairs will disclose the sensitive
records to a physician or other professional person selected by the requesting individual for such
redisclosure as the professional person may believe is indicated, and (2) in indicated cases, that
the Department of Veterans Affairs will arrange for the individual to report to a Department of
Veterans Affairs facility for a discussion of his or her records with a designated Department of
Veterans Affairs physician and for an explanation of what is included in the records. Following such
discussion, the records should be disclosed to the individual; however, in those extraordinary cases
where a careful and conscientious explanation of the information considered harmful in the record
has been made by a Department of Veterans Affairs physician and where it is still the physician's
professional medical opinion that physical access to the information could be physically or mentally
harmful to the patient, physical access may be denied. Such a denial situation should be an unusual,
very infrequent occurrence. When denial of a request for direct physical access is made, the
responsible Department of Veterans Affairs official will: (1) Promptly advise the individual making
the request of the denial; (2) state the reasons for the denial of the request (e.g., 5 U.S.C.
552a(f)(3), 38 U.S.C. 5701(b)(1)); and (3) advise the requester that the denial may be appealed to
the General Counsel and of the procedure for such an appeal. (Authority: 5 U.S.C. 552a(f)(3))
</p>
<p>(e) Nothing in 5 U.S.C. 552a, however, allows an individual access to any information compiled in
reasonable anticipation of civil action or proceeding. (5 U.S.C. 552a(d)(5))
</p>
<p>(f) Fees to be charged, if any, to any individual for making copies of his or her record shall
not include the cost of any search for and review of the record, and will be as follows:</p>
<table>
<tr><th scope='col'>Activity </th>
<th scope='col'>Fees </th></tr>
<tr>
 <td>(1) Duplication of documents by any type of reproduction process to produce plain one-sided
 paper copies of a standard size (8 1/2'' x 11''; 8 1/2'' x 14''; 11''x
 14'')</td>
 <td>$0.15 per page after first 100 one-sided pages. </td>
 </tr>
 <tr>
 <td>(2) Duplication of non-paper records, such as microforms, audiovisual materials (motion
 pictures, slides, laser optical disks, video tapes, audio tapes, etc.), computer tapes and disks,
 diskettes for personal computers, and any other automated media output</td>
 <td>Actual direct cost to the Agency as defined in &#167; 1.555(a)(2) of this part to the
 extent that it pertains to the cost of duplication. </td>
 </tr>
 <tr>
 <td>(3) Duplication of document by any type of reproduction process not covered by paragraphs (f)
 (1) or (2) of this section to produce a copy in a form reasonably usable by the requester</td>
 <td>Actual direct cost to the Agency as defined in &#167; 1.555(a)(2) of this part to the
 extent that it pertains to the cost of duplication.</td>
 </tr>
</table>

<p><b>Note.</b> Fees for any activities other than duplication by any type of reproducing process
will be assessed under the provisions of &#167; 1.526(i) or (j) of this part of any other
applicable law.)
</p>
<p>(g) When VA benefit records, which are retrievable by name or individual identifier of a VA
beneficiary or applicant for VA benefits, are requested by the individual to whom the record
pertains, the duplication fee for one complete set of such records will be waived.
</p>
<p>(Authority: 5 U.S.C. 552a(f)(5)) (38 U.S.C. 501)
</p>
<p>[40 FR 33944, Aug. 12, 1975, as amended at 47 FR 16323, Apr. 16, 1982; 53 FR 10380, Mar. 31,
1988; 55 FR 21546, May 25, 1990]
</p>
<p><b>&#167; 1.578[Reserved]</b></p>
<p><b>&#167; 1.579
 Amendment of records.
</b></p>
<p>(a) Any individual may request amendment of any Department of Veterans Affairs record
pertaining to him or her. Not later than 10 days (excluding Saturdays, Sundays, and legal public
holidays) after the date or receipt of such request, the Department of Veterans Affairs will
acknowledge in writing such receipt. The Department of Veterans Affairs will complete the review to
amend or correct a record as soon as reasonably possible, normally within 30 days from the receipt
of the request (excluding Saturdays, Sundays, and legal public holidays) unless unusual
circumstances preclude completing action within that time. The Department of Veterans Affairs will
promptly either:
</p>
<p>(1) Correct any part thereof which the individual believes is not accurate, relevant, timely or
complete; or
</p>
<p>(2) Inform the individual of the Department of Veterans Affairs refusal to amend the record in
accordance with his or her request, the reason for the refusal, the procedures by which the
individual may request a review of that refusal by the Secretary or designee, and the name and
address of such official.

</p><p>(Authority: 5 U.S.C. 552a(d)(2))

</p>
<p>(b) The administration or staff office having jurisdiction over the records involved will
establish procedures for reviewing a request from an individual concerning the amendment of any
record or information pertaining to the individual, for making a determination on the request, for
an appeal within the Department of Veterans Affairs of an initial adverse Department of Veterans
Affairs determination, and for whatever additional means may be necessary for each individual to be
able to exercise fully, his or her right under 5 U.S.C. 552a.
</p>
<p>(1) Headquarters officials designated as responsible for the amendment of records or information
located in Central Office and under their jurisdiction include, but are not limited to: Secretary;
Deputy Secretary, as well as other appropriate individuals responsible for the conduct of business
within the various Department of Veterans Affairs administrations and staff offices. These officials
will determine and advise the requester of the identifying information required to relate the
request to the appropriate record, evaluate and grant or deny requests to amend, review initial
adverse determinations upon request, and assist requesters desiring to amend or appeal initial
adverse determinations or learn further of the provisions for judicial review.
</p>
<p>(2) The following field officials are designated as responsible for the amendment of records or
information located in facilities under their jurisdiction, as appropriate: The Director of each
Center, Domiciliary, Medical Center, Outpatient Clinic, Regional Office, Supply Depot, and Regional
Counsels. These officials will function in the same manner at field facilities as that specified in
the preceding subparagraph for headquarters officials in Central Office.

</p><p>(Authority: 5 U.S.C. 552a(f)(4))

</p>
<p>(c) Any individual who disagrees with the Department of Veterans Affairs refusal to amend his or
her record may request a review of such refusal. The Department of Veterans Affairs will complete
such review not later than 30 days (excluding Saturdays, Sundays, and legal public holidays) from
the date on which the individual request such review and make a final determination unless, for good
cause shown, the Secretary extends such 30-day period. If, after review, the Secretary or designee
also refuses to amend the record in accordance with the request the individual will be advised of
the right to file with the Department of Veterans Affairs a concise statement setting forth the
reasons for his or her disagreement with the Department of Veterans Affairs refusal and also advise
of the provisions for judicial review of the reviewing official's determination. (5 U.S.C. 552a(g)
(1)(A))
</p>
<p>(d) In any disclosure, containing information about which the individual has filed a statement of
disagreement, occurring after the filing of the statement under paragraph (c) of this section, the
Department of Veterans Affairs will clearly note any part of the record which is disputed and
provide copies of the statement (and, if the Department of Veterans Affairs deems it appropriate,
copies of a concise statement of the Department of Veterans Affairs reasons for not making the
amendments requested) to persons or other agencies to whom the disputed record has been disclosed.
(5 U.S.C. 552a(d)(4)) (38 U.S.C. 501)
</p>
<p>[47 FR 16324, Apr. 16, 1982]
</p>
<p><b>&#167; 1.580
 Administrative review.
</b></p>
<p>(a) Upon denial or a request under 38 CFR 1.577 or 1.579, the responsible Department of
Veterans Affairs official or designated employee will inform the requester in writing of the denial,
cite the reason or reasons and the Department of Veterans Affairs regulations upon which the denial
is based, and advise that the denial may be appealed to the General Counsel.
</p>
<p>(b) The final agency decision in such appeals will be made by the General counsel or the Deputy
General Counsel.
</p>
<p>(Authority: 38 U.S.C. 501)
</p>
<p>[40 FR 33944, Aug. 12, 1975, as amended at 47 FR 16324, Apr. 16, 1982; 55 FR 21546, May 25, 1990]
</p>
<p><b>&#167; 1.581 [Reserved]</b>
</p>
<p><b>&#167; 1.582
 Exemptions.
</b></p>
<p>(a) Certain systems of records maintained by the Department of Veterans Affairs are exempted
from provisions of the Privacy Act in accordance with exemptions (j) and (k) of 5 U.S.C. 552a.
</p>
<p>(b) <i>Exemption of Inspector General Systems of Records.</i> The Department of Veterans Affairs
provides limited access to Inspector General Systems of Records as indicated.
</p>
<p>(1) The following systems of records are exempted pursuant to the provisions of 5 U.S.C. 552a(j)
(2) from subsections (c)(3) and (4), (d), (e)(1), (2) and (3), (e)(4) (G), (H) and (I), (e)(5) and
(8), (f) and (g) of 5 U.S.C. 552a; in addition, the following systems of records are exempted
pursuant to the provisions of 5 U.S.C. 552a(k)(2) from subsections (c)(3), (d), (e)(1), (e)(4) (G),
(H), and (I), and (f) of 5 U.S.C. 552a:
</p>
<p>(i) Investigation Reports of Persons Allegedly Involved in Irregularities Concerning VA and
Federal Laws, Regulations, Programs, etc.--VA (11 VA51); and
</p>
<p>(ii) Inspector General Complaint Center Records--VA (66VA53).
</p>
<p>(2) These exemptions apply to the extent that information in those systems is subject to
exemptions pursuant to 5 U.S.C. 552a (j)(2) and (k)(2).
</p>
<p>(3) For the reasons set forth, the systems of records listed under paragraph (b)(1) of this
section are exempted under sections 552a (j)(2) and (k)(2) from the following provisions of 5 U.S.C.
552a:
</p>
<p>(i) 5 U.S.C. 552a(c)(3) requires that upon request, an agency must give an individual named in a
record an accounting which reflects the disclosure of the record to other persons or agencies. This
accounting must state the date, nature and purpose of each disclosure of the record and the name and
address of the recipient. The application of this provision would alert subjects to the existence of
the investigation and identify that such persons are subject of that investigation. Since release of
such information to subjects would provide them with significant information concerning the nature
of the investigation, it could result in the altering or destruction of derivative evidence which is
obtained from third parties, improper influencing of witnesses, and other activities that could
impede or compromise the investigation.
</p>
<p>(ii) 5 U.S.C. 552a(c)(4), (d), (e)(4) (G) and (H), (f) and (g) relate to an individual's right to
be notified of the existence of records pertaining to such individual; requirements for identifying
an individual who requests access to records; the agency procedures relating to access to records
and the amendment of information contained in such records; and the civil remedies available to the
individual in the event of adverse determinations by an agency concerning access to or amendment of
information contained in record systems. This system is exempt from the foregoing provisions for the
following reasons: To notify an individual at the individual's request of the existence of records
in an investigative file pertaining to such individual or to grant access to an investigative file
could interfere with investigative and enforcement proceedings, threaten the safety of individuals
who have cooperated with authorities, constitute an unwarranted invasion of personal privacy of
others, disclose the identity of confidential sources, reveal confidential information supplied by
these sources, and disclose investigative techniques and procedures.
</p>
<p>(iii) 5 U.S.C. 552a(e)(4)(I) requires the publication of the categories of sources of records in
each system of records. The application of this provision could disclose investigative techniques
and procedures and cause sources to refrain from giving such information because of fear of
reprisal, or fear of breach of promises of anonymity and confidentiality. This could compromise the
ability to conduct investigations and to identify, detect and apprehend violators. Even though the
agency has claimed an exemption from this particular requirement, it still plans to generally
identify the categories of records and the sources for these records in this system. However, for
the reasons stated in paragraph (b)(3)(ii) of this section, this exemption is still being cited in
the event an individual wants to know a specific source of information.
</p>
<p>(iv) 5 U.S.C. 552a(e)(1) requires each agency to maintain in its records only such information
about an individual that is relevant and necessary to accomplish a purpose of the agency required by
statute or Executive order. These systems of records are exempt from the foregoing provisions
because:
</p>
<p>(A) It is not possible to detect the relevance or necessity of specific information in the early
stages of a criminal or other investigation.
</p>
<p>(B) Relevance and necessity are questions of judgment and timing. What appears relevant and
necessary may ultimately be determined to be unnecessary. It is only after the information is
evaluated that the relevance and necessity of such information can be established.
</p>
<p>(C) In any investigation the Inspector General may obtain information concerning the violations
of laws other than those within the scope of his/her jurisdiction. In the interest of effective law
enforcement, the Inspector General should retain this information as it may aid in establishing
patterns of criminal activity and provide leads for those law enforcement agencies charged with
enforcing other segments of civil or criminal law.
</p>
<p>(v) 5 U.S.C. 552a(e)(2) requires an agency to collect information to the greatest extent
practicable directly from the subject individual when the information may result in adverse
determinations about an individual's rights, benefits, and privileges under Federal programs. The
application of this provision would impair investigations of illegal acts, violations of the rules
of conduct, merit system and any other misconduct for the following reasons:
</p>
<p>(A) In order to successfully verify a complaint, most information about a complainant or an
individual under investigation must be obtained from third parties such as witnesses and informers.
It is not feasible to rely upon the subject of the investigation as a source for information
regarding his/her activities because of the subject's rights against self-incrimination and because
of the inherent unreliability of the suspect's statements. Similarly, it is not always feasible to
rely upon the complainant as a source of information regarding his/her involvement in an
investigation.
</p>
<p>(B) The subject of an investigation will be alerted to the existence of an investigation if an
attempt is made to obtain information from the subject. This would afford the individual the
opportunity to conceal any criminal activities to avoid apprehension.
</p>
<p>(vi) 5 U.S.C. 552a(e)(3) requires that an agency must inform the subject of an investigation who
is asked to supply information of:
</p>
<p>(A) The authority under which the information is sought and whether disclosure of the information
is mandatory or voluntary;
</p>
<p>(B) The purposes for which the information is intended to be used;
</p>
<p>(C) The routine uses which may be made of the information; and
</p>
<p>(D) The effects on the subject, if any, of not providing the requested information. The reasons
for exempting this system of records from the foregoing provision are as follows:
</p>
<p>(<i>1</i>) The disclosure to the subject of the purposes of the investigation as stated in
paragraph (b)(3)(vi)(B) of this paragraph would provide the subject with substantial information
relating to the nature of the investigation and could impede or compromise the investigation.
</p>
<p>(<i>2</i>) If the complainant or the subject were informed of the information required by this
provision, it could seriously interfere with undercover activities requiring disclosure of the
authority under which the information is being requested. This could conceivably jeopardize
undercover agents' identities and impair their safety, as well as impair the successful conclusion
of the investigation.
</p>
<p>(<i>3</i>) Individuals may be contacted during preliminary information gathering in
investigations before any individual is identified as the subject of an investigation. Informing the
individual of the matters required by this provision would hinder or adversely affect any present or
subsequent investigations.
</p>
<p>(vii) 5 U.S.C. 552a(e)(5) requires that records be maintained with such accuracy, relevance,
timeliness, and completeness as is reasonably necessary to assure fairness to the individual in
making any determination about an individual. Since the law defines <i>maintain</i> to include the
collection of information, complying with this provision would prevent the collection of any data
not shown to be accurate, relevant, timely, and complete at the moment of its collection. In
gathering information during the course of an investigation it is not always possible to determine
this prior to collection of the information. Facts are first gathered and then placed into a logical
order which objectively proves or disproves criminal behavior on the part of the suspect. Material
which may seem unrelated, irrelevant, incomplete, untimely, etc., may take on added meaning as an
investigation progresses. The restrictions in this provision could interfere with the preparation of
a complete investigative report.
</p>
<p>(viii) 5 U.S.C. 552a(e)(8) requires an agency to make reasonable efforts to serve notice on an
individual when any record on such individual is made available to any person under compulsory legal
process when such process becomes a matter of public record. The notice requirement of this
provision could prematurely reveal an ongoing criminal investigation to the subject of the
investigation.
</p>
<p>(c) <i>Exemption of Loan Guaranty Service, Veterans Benefits Administration, Systems of Records.
</i> The Department of Veterans Affairs provides limited access to Loan Guaranty Service, Veterans
Benefits Administration, systems of records as indicated:
</p>
<p>(1) The following systems of records are exempted pursuant to the provisions of 5 U.S.C. 552a(k)
(2) from subsections (c)(3), (d), (e)(1) and (e)(4) (G), (H) and (I) and (f):
</p>
<p>(i) Loan Guaranty Fee Personnel and Program Participant Records--VA (17VA26); and
</p>
<p>(ii) Loan Guaranty Home Condominium and Mobile Home Loan Applicant Records and Paraplegic Grant
Application Records--VA (55VA26).
</p>
<p>(2) These exemptions apply to the extent that information in these systems is subject to
exemption pursuant to 5 U.S.C. 552a(k)(2).
</p>
<p>(3) For the reasons set forth, the systems of records listed under paragraph (c)(1) of this
section are exempted under 5 U.S.C. 552a(k)(2) from the following provisions of 5 U.S.C. 552a:
</p>
<p>(i) 5 U.S.C. 552a(c)(3) requires that an agency make accountings of disclosures of records
available to individuals named in the records at their request. These accountings must state the
date, nature and purpose of each disclosure of the record and the name and address of the recipient.
The application of this provision would alert subjects of an investigation to the existence of the
investigation and that such persons are subjects of that investigation. Since release of such
information to subjects of an investigation would provide the subjects with significant information
concerning the nature of the investigation, it could result in the altering or destruction of
documentary evidence, improper influencing of witnesses and other activities that could impede or
compromise the investigation.
</p>
<p>(ii) 5 U.S.C. 552a(d), (e)(4) (G) and (H) and (f) relate to an individual's right to be notified
of the existence of records pertaining to such individual; requirements for identifying an
individual who requests access to records; and the agency procedures relating to access to records
and the contest of information contained in such records. This system is exempt from the foregoing
provisions for the following reasons: To notify an individual at the individual's request of the
existence of records in an investigative file pertaining to such individual or to grant access to an
investigative file could interfere with investigative and enforcement proceedings; constitute an
unwarranted invasion of the personal privacy of others; disclose the identity of confidential
sources and reveal confidential information supplied by these sources and disclose investigative
techniques and procedures.
</p>
<p>(iii) 5 U.S.C. 552a(e)(4)(I) requires the publication of the categories of sources of records in
each system of records. The application of this provision could disclose investigative techniques
and procedures and cause sources to refrain from giving such information because of fear of
reprisal, or fear of breach of promises of anonymity and confidentiality. This would compromise the
ability to conduct investigations. Even though the agency has claimed an exemption from this
particular requirement, it still plans to generally identify the categories of records and the
sources for these records in this system. However, for the reasons stated above, this exemption is
still being cited in the event an individual wanted to know a specific source of information.
</p>
<p>(iv) 5 U.S.C. 552a(e)(1) requires each agency to maintain in its records only such information
about an individual that is relevant and necessary to accomplish a purpose of the agency required by
statute or Executive order. This system of records is exempt from the foregoing provision because:
</p>
<p>(A) It is not possible to detect relevance or necessity of specific information in the early
stages of an investigation.
</p>
<p>(B) Relevance and necessity are questions of judgment and timing. What appears relevant and
necessary when collected may ultimately be determined to be unnecessary. It is only after the
information is evaluated that the relevance and necessity of such information can be established.
</p>
<p>(C) In interviewing persons or obtaining other forms of evidence during an investigation,
information may be supplied to the investigator which relates to matters incidental to the main
purpose of the investigation but which is appropriate in a thorough investigation. Oftentimes, such
information cannot readily be segregated.
</p>
<p>(4) The following system of records is exempt pursuant to the provisions of 5 U.S.C. 552a(k)(5)
from subsections (c)(3), (d), (e)(1), (e)(4) (G), (H) and (I) and (f): Loan Guaranty Fee Personnel
and Program Participant Records--VA (17 VA 26).
</p>
<p>(5) This exemption applies to the extent that information in this system is subject to exemption
pursuant to 5 U.S.C. 552a(k)(5).
</p>
<p>(6) For the reasons set forth, the system of records listed in paragraph (c)(4) of this section
is exempt under 5 U.S.C. 552a(k)(5) from the following provisions of 5 U.S.C. 552a:
</p>
<p>(i) 5 U.S.C. 552a(c)(3) requires that an agency make accountings of disclosures of records
available to individuals named in the records at their request. These accountings must state the
date, nature and purpose of each disclosure of the record and the name and address of the recipient.
The application of this provision would alert subjects of background suitability investigations to
the existence of the investigation and reveal that such persons are subjects of that investigation.
Since release of such information to subjects of an investigation would provide the subjects with
significant information concerning the nature of the investigation, it could result in revealing the
identity of a confidential source.
</p>
<p>(ii) 5 U.S.C. 552a(d), (e)(4) (G) and (H) and (f) relate to an individual's right to be notified
of the existence of records pertaining to such individual; requirements for identifying an
individual who requests access to records; and the agency procedures relating to access to records
and the contest of information contained in such records. This system is exempt from the foregoing
provisions for the following reasons: To notify an individual at the individual's request of the
existence of records in an investigative file pertaining to such an individual or to grant access to
an investigative file would disclose the identity of confidential sources and reveal confidential
information supplied by these sources.
</p>
<p>(iii) 5 U.S.C. 552a(e)(4)(I) requires the publication of the categories of sources of records in
each system of records. The application of this provision could disclose sufficient information to
disclose the identity of a confidential source and cause sources to refrain from giving such
information because of fear of reprisal, or fear of breach of promises of anonymity and
confidentiality. This would compromise the ability to conduct background suitability investigations.
</p>
<p>(iv) 5 U.S.C. 552a(e)(1) requires each agency to maintain in its records only such information
about an individual that is relevant and necessary to accomplish a purpose of the agency required by
statute or Executive order. This system of records is exempt from the foregoing provision because:
</p>
<p>(A) It is not possible to detect relevance and necessity of specific information from a
confidential source in the early stages of an investigation.
</p>
<p>(B) Relevance and necessity are questions of judgment and timing. What appears relevant and
necessary when collected may ultimately be determined to be unnecessary. It is only after the
information is evaluated that the relevance and necessity of such information can be established
regarding suitability for VA approval as a fee appraiser or compliance inspector.
</p>
<p>(C) In interviewing persons or obtaining other forms of evidence during an investigation for
suitability for VA approval, information may be supplied to the investigator which relates to
matters incidental to the main purpose of the investigation but which is appropriate in a thorough
investigation. Oftentimes, such information cannot readily be segregated and disclosure might
jeopardize the identity of a confidential source.
</p>
<p>(d) <i>Exemption of Police and Security Records.</i> VA provides limited access to one Security
and Law Enforcement System of Records, Police and Security Records--VA (103VA07B).
</p>
<p>(1) The investigations records and reports contained in this System of Records are exempted
[pursuant to 5 U.S.C. 552a(j)(2) of the Privacy Act of 1974] from Privacy Act subsections (c)(3) and
(c)(4); (d); (e)(1) through (e)(3), (e)(4)(G) through (e)(4)(I), (e)(5), and (e)(8); (f); and (g);
in addition, they are exempted [pursuant to 5 U.S.C. 552a(k)(2) of the Privacy Act of 1974] from
Privacy Act subsections (c)(3); (d); (e)(1), (e)(4)(G) through (e)(4)(I); and (f).
</p>
<p>(2) These records contained in the Police and Security Records--VA (103VA076B) are exempted
for the following reasons:
</p>
<p>(i) The application of Privacy Act subsection (c)(3) would alert subjects to the existence of the
investigation and reveal that they are subjects of that investigation. Providing subjects with
information concerning the nature of the investigation could result in alteration or destruction of
evidence which is obtained from third parties, improper influencing of witnesses, and other
activities that could impede or compromise the investigation.
</p>
<p>(ii) The application of Privacy Act subsections (c)(4); (d); (e)(4)(G) and (e)(4)(H); (f); and
(g) could interfere with investigative and enforcement proceedings, threaten the safety of
individuals who have cooperated with authorities, constitute an unwarranted invasion of personal
privacy of others, disclose the identity of confidential sources, reveal confidential information
supplied by these sources, and disclose investigative techniques and procedures.
</p>
<p>(iii) The application of Privacy Act subsection (e)(4)(I) could disclose investigative techniques
and procedures and cause sources to refrain from giving such information because of fear of
reprisal, or fear of breach of promises of anonymity and confidentiality. This could compromise the
ability to conduct investigations and to identify, detect and apprehend violators. Even though the
agency has claimed an exemption from this particular requirement, it still plans to generally
identify the categories of records and the sources of these records in this system. However, for the
reason stated in paragraph (d)(2)(ii) of this section, this exemption is still being cited in the
event an individual wants to know a specific source of information.
</p>
<p>(iv) These records contained in the Police and Security Records--VA (103VA076B) are exempt
from Privacy Act subsection (e)(1) because it is not possible to detect the relevance or necessity
of specific information in the early stages of a criminal or other investigation. Relevance and
necessity are questions of judgment and timing. What appears relevant and necessary may ultimately
be determined to be unnecessary. It is only after the information is evaluated that the relevance
and necessity of such information can be established. In any investigation, the Office of Security
and Law Enforcement may obtain information concerning violations of laws other than those within the
scope of its jurisdiction. In the interest of effective law enforcement, the Office of Security and
Law Enforcement should retain this information as it may aid in establishing patterns of criminal
activity and provide leads for those law enforcement agencies charged with enforcing other segments
of civil or criminal law.
</p>
<p>(v) The application of Privacy Act subsection (e)(2) would impair investigations of illegal acts,
violations of the rules of conduct, merit system and any other misconduct for the following reasons:
</p>
<p>(A) In order to successfully verify a complaint, most information about a complainant or an
individual under investigation must be obtained from third parties such as witnesses and informers.
It is not feasible to rely upon the subject of the investigation as a source for information
regarding his/her activities because of the subject's rights against self-incrimination and because
of the inherent unreliability of the suspect's statements. Similarly, it is not always feasible to
rely upon the complainant as a source of information regarding his/her involvement in an
investigation.
</p>
<p>(B) The subject of an investigation will be alerted to the existence of an investigation if an
attempt is made to obtain information from the subject. This would afford the individual the
opportunity to conceal any criminal activities to avoid apprehension.
</p>
<p>(vi) The reasons for exempting these records in the Police and Security Records--VA
(103VA07B) from Privacy Act subsection (e)(3) are as follows:
</p>
<p>(A) The disclosure to the subject of the purposes of the investigation would provide the subject
with substantial information relating to the nature of the investigation and could impede or
compromise the investigation.
</p>
<p>(B) Informing the complainant or the subject of the information required by this provision could
seriously interfere with undercover activities, jeopardize the identities of undercover agents and
impair their safety, and impair the successful conclusion of the investigation.
</p>
<p>(C) Individuals may be contacted during preliminary information gathering in investigations
before any individual is identified as the subject of an investigation. Informing the individual of
the matters required by this provision would hinder or adversely affect any present or subsequent
investigations.
</p>
<p>(vii) Since the Privacy Act defines "maintain" to include the collection of information,
complying with subsection (e)(5) would prevent the collection of any data not shown to be accurate,
relevant, timely, and complete at the moment of its collection. In gathering information during the
course of an investigation, it is not always possible to make this determination prior to collecting
the information. Facts are first gathered and then placed into a logical order which objectively
proves or disproves criminal behavior on the part of the suspect. Material that may seem unrelated,
irrelevant, incomplete, untimely, etc., may take on added meaning as an investigation progresses.
The restrictions in this provision could interfere with the preparation of a complete investigative
report.
</p>
<p>(viii) The notice requirement of Privacy Act subsection (e)(8) could prematurely reveal an
ongoing criminal investigation to the subject of the investigation.
</p>
<p>(Authority: 5 U.S.C. 552a (j) and (k); 38 U.S.C. 501)
</p>
<p>[48 FR 29847, June 29, 1983, as amended at 68 FR 35298, June 13, 2003]
</p>
<p><b>&#167;&#167; 1.583-1.584 [Reserved]</b></p>
<p><b>Inventions by Employees of Department of Veterans Affairs
</b></p>
<p><b>Authority:</b> Sections 1.650 to 1.666 issued under sect. 1, 66 Stat. 811, 72 Stat. 1114;
35 U.S.C. 266; 15 U.S.C. 3710a; 38 U.S.C. 501; E.O. 10096, E.O. 10930, 15 FR 389; 3 CFR 1949-
1953 Comp.
</p>
<p><b>&#167; 1.650
 Purpose.
</b></p>
<p>The purpose of these regulations is to prescribe the procedure to be followed in determining
and protecting the respective rights of the United States Government and of Department of Veterans
Affairs employees who make inventions.
</p>
<p>[21 FR 10377, Dec. 28, 1956, as amended at 61 FR 29658, June 12, 1996]
</p>
<p><b>&#167; 1.651
 Definitions.
</b></p>
<p>The terms as used in the regulations concerning inventions by employees of the Department of
Veterans Affairs are defined as follows:
</p>
<p>(a) The term <i>invention</i> includes any art, machine, manufacture, design, or composition of
matter, or any new and useful improvement thereof, or any variety of plant, which is or may be
patentable under the patent laws of the United States.
</p>
<p>(b) The term <i>employee</i> or <i>Government employee</i> means any officer or employee,
civilian or military, of the Department of Veterans Affairs. Part-time, without compensation (WOC)
employees and part-time consultants are included.
</p>
<p>(c) The term <i>Secretary of Commerce</i> means the Under Secretary of Commerce for Technology.
</p>
<p>[21 FR 10377, Dec. 28, 1956, as amended at 31 FR 5291, Apr. 2, 1966; 61 FR 29658, June 12, 1996]
</p>
<p><b>&#167; 1.652
 Criteria for determining rights to employee inventions.
</b></p>
<p>(a) The criteria to be applied in determining the respective rights of the Government and of
the employee-inventor in and to any invention subject to these provisions shall be in accordance
with the Uniform Patent Policy regulations found at 37 CFR 501.6 and 501.7.
</p>
<p>(b) Ownership in and to inventions arising under Cooperative Research and Development Agreements
(CRADAs) pursuant to 15 USC 3710a shall be governed by the provisions of the pertinent CRADA, as
authorized by the Federal Technology Transfer Act.
</p>
<p>(Authority: 15 U.S.C. 3710a; 37 CFR part 501)
</p>
<p>[61 FR 29658, June 12, 1996]
</p>
<p><b>&#167; 1.653
 Delegation of authority.
</b></p>
<p>The General Counsel, Deputy General Counsel or Assistant General Counsel for Professional
Staff Group IV is authorized to act for the Secretary of Veterans Affairs in matters concerning
patents and inventions, unless otherwise required by law. The determination of rights to an
invention as between the Government and the employee where there is no cooperative research and
development agreement shall be made by the General Counsel, Deputy General Counsel or the Assistant
General Counsel for Professional Staff Group IV, in accordance with 37 CFR part 500.
</p>
<p>[62 FR 14822, Mar. 28, 1997]
</p>
<p><b>&#167; 1.654
 Patenting of inventions.
</b></p>
<p>Any invention owned by the Government under the criteria as set forth in 37 CFR 501.6 should
be protected by an application for a domestic patent and other necessary documents executed by the
employee inventor prepared by or through the General Counsel, Deputy General Counsel or Assistant
General Counsel for Professional Staff Group IV, unless some other agency has primary interest or it
is decided to dedicate the invention to the public. Such dedication requires approval of the
Secretary of Commerce. Applications on behalf of the Government for foreign patents may be made if
determined to be in the public interest. The payment of necessary expenses in connection with any
application filed or patent obtained under this section by the Department of Veterans Affairs is
authorized.
</p>
<p>[31 FR 5291, Apr. 2, 1966, as amended at 54 FR 26027, June 21, 1989; 61 FR 29658, June 12, 1996;
62 FR 14822, Mar. 28, 1997]
</p>
<p><b>&#167; 1.655
 Government license in invention of employee.
</b></p>
<p>If an invention is made by an employee and it is determined that the employee inventor is
entitled to full ownership under 37 CFR 501.6, subject to a nonexclusive, irrevocable, royalty-free
license in the Government with power to grant sublicenses for all Governmental purposes, it shall be
the duty of the employee inventor to notify the Office of General Counsel of the status of the
patent application, including the patent application number, so that the Department may protect the
interests reserved to the Government under 37 CFR 501.6.
</p>
<p>[61 FR 29658, June 12, 1996]
</p>
<p><b>&#167; 1.656
 Information to be submitted by inventor.
</b></p>
<p>(a) In the case of an invention or believed invention, the inventor will prepare a statement
for submission to his or her immediate superior. It will be submitted regardless of where the
ownership is believed to exist. The statement will consist of two parts:
</p>
<p>(1) One part of the statement will be a disclosure of the invention sufficient to permit the
preparation of a patent applicant. It shall consist of a description, including where applicable, of
the parts or components of the invention as shown on the drawings or blueprints, accompanied further
by a description of the construction and operation of the invention. Photographs of the invention
may be included. The inventor should state pertinent prior art known to him or her, and set forth in
detail as clearly as possible the respects which his or her invention differs.
</p>
<p>(2) The other part of the statement will set forth the circumstances attending the making of the
invention. It will include the full name and address of the inventor; the grade and title of his or
her position; whether full time or part time; his or her duties at the time the invention was made;
the facts pertinent to a determination whether the invention bore a direct relation to or was made
in consequence of such official duties; whether there was, and if so, the terms of any special
agreement or understanding with respect to use or manufacture of his or her invention; date of the
invention; when and where it was conceived, constructed and tested; whether it was made entirely
during working hours; whether, and to what extent there was a contribution by the Government of any
of the following: Facilities; equipment; materials or supplies; funds; information; time or services
of other Government employees on duty. When the invention is disclosed through publication, or in
consultation with a manufacturer or attorney, simultaneous notification of the publication shall be
given to the Office of General Counsel. A copy of the article will accompany the notification.
</p>
<p>(b) The inventor's immediate superior shall promptly review the statement of the employee
inventor for completeness and accuracy, and shall certify that the employee's statement of
circumstances attending the invention is or is not correct, giving reasons if pertinent. The file
should then be submitted through the facility head (or administration heads or top staff officials
in the case of Central Office employees) to the General Counsel together with any comments or
recommendations.
</p>
<p>[61 FR 29658, June 12, 1996]
</p>
<p><b>&#167; 1.657
 Determination of rights.
</b></p>
<p>The General Counsel, Deputy General Counsel or Assistant General Counsel for Professional
Staff Group IV will make a determination of rights subject to review where required by the Secretary
of Commerce. The determination will be in accordance with 37 CFR 501.7.
</p>
<p>[61 FR 29658, June 12, 1996, as amended at 62 FR 14822, Mar. 28, 1997]
</p>
<p><b>&#167; 1.658
 Right of appeal.
</b></p>
<p>In accordance with 37 CFR 501.8, the employee has a right of appeal to the Secretary of
Commerce within 30 days of receipt of the Department's determination of ownership rights. The
decision reached by the Secretary of Commerce will be communicated to the employee.
</p>
<p>[61 FR 29658, June 12, 1996]
</p>
<p><b>&#167; 1.659
 Relationship to incentive awards program.
</b></p>
<p>Procedures set out in the regulations concerning inventions by employees of the Department
of Veterans Affairs are not affected by the submission or proposed submission of an employee
suggestion or idea on an item which may be patentable. Consideration of an item for a determination
of ownership rights and also for an incentive award will proceed simultaneously, usually on separate
correspondence. An employee suggestion or copies and extracts of the file may be forwarded to the
General Counsel by the reviewing or awarding authority, or by the facility head, for an ownership
determination where the employee idea or suggestion involves an invention. The employee shall be
directed to submit a disclosure of invention in accordance with these regulations if such has not
been previously submitted.
</p>
<p>[31 FR 5291, Apr. 2, 1966, as amended at 61 FR 29659, June 12, 1996]
</p>
<p><b>&#167; 1.660
 Expeditious handling.
</b></p>
<p>No patent may be granted where the invention has been in public use or publicly disclosed
for more than one year before filing of a patent application. Hence, submissions involving
inventions should be made as promptly as possible in order to avoid delay which might jeopardize
title to the invention or impair the rights of the inventor or the Government.
</p>
<p>[61 FR 29659, June 12, 1996]
</p>
<p><b>&#167; 1.661
 Information to be kept confidential.
</b></p>
<p>All information pertaining to inventions and pending patent applications is confidential,
and employees having access to such information are forbidden to disclose or reveal the same except
as required in the performance of their official duties.
</p>
<p>[21 FR 10378, Dec. 28, 1956. Redesignated at 61 FR 29659, June 12, 1996]
</p>
<p><b>&#167; 1.662
 Provisions of regulations made a condition of employment.
</b></p>
<p>The provisions of the regulations concerning inventions by employees of the Department of
Veterans Affairs shall be a condition of employment of all employees.
</p>
<p>[21 FR 10378, Dec. 28, 1956. Redesignated at 61 FR 29659, June 12, 1996]
</p>
<p><b>&#167; 1.663
 Licensing of Government-owned inventions.
</b></p>
<p>(a) The licensing of Government-owned inventions under VA control and custody will be
conducted pursuant to the regulations on the licensing of Government-owned inventions contained in
37 CFR part 404, and 15 U.S.C. 3710a, as appropriate.
</p>
<p>(b) Any person whose application for a license in an invention under VA control and custody has
been denied; whose license in such an invention has been modified or terminated, in whole or in
part; or who timely filed a written objection in response to a proposal to grant an exclusive or
partially exclusive license in an invention under VA control or custody, may, if damaged, appeal any
decision or determination concerning the grant, denial, interpretation, modification, or termination
of a license to the Secretary of Veterans Affairs. Such appeal shall be in writing; shall set forth
with specificity the basis of the appeal; and shall be postmarked not later than 60 days after the
action being appealed. Upon request of the appellant, such appeal may be considered by one to three
persons appointed on a case-by-case basis by the Secretary of Veterans Affairs. Such a request will
be granted only if it accompanies the written appeal. Appellant may appear and be represented by
counsel before such a panel, which will sit in Washington, DC. If the appeal challenges a decision
to grant an exclusive or partially exclusive license in an invention under VA control or custody,
the licensee shall be furnished a copy of the appeal, shall be given the opportunity to respond in
writing, may appear and be represented by counsel at any hearing requested by appellant, and may
request a hearing if appellant has not, under the same terms and conditions, at which the appellant
may also appear and be represented by counsel.
</p>
<p>[61 FR 29659, June 12, 1996]
</p>
<p><b>&#167;&#167; 1.664-1.666 [Reserved]</b></p>
<p><b>Administrative Control of Funds
</b></p>
<p><b>Source:</b> 48 FR 30622, July 5, 1983, unless otherwise noted.
</p>
<p><b>&#167; 1.670
 Purpose.
</b></p>
<p>The following regulations establish a system of administrative controls for all
appropriations and funds available to the Department of Veterans Affairs to accomplish the following
purposes:
</p>
<p>(a) Establish an administrative subdivision of controls to restrict obligations and expenditures
against each appropriation or fund to the amount of the apportionment or the reapportionment; and
</p>
<p>(b) Fix responsibility for the control of appropriations or funds to high level officials who
bear the responsibility for apportionment or reapportionment control.
</p>
<p>(Authority: 31 U.S.C. 1514)
</p>
<p><b>&#167; 1.671
 Definitions.
</b></p>
<p>For the purpose of &#167;&#167; 1.670 through 1.673, the following definitions apply:
</p>
<p>(a) <i>Administrative subdivision of funds.</i> An administrative subdivision of funds is any
administrative subdivision of an appropriation or fund which makes funds available in a specified
amount for the purpose of controlling apportionments or reapportionments.
</p>
<p>(b) <i>Allotment.</i> An allotment is an authorization by the Director, Office of Budget and
Finance, to department and staff office heads (allottees) to incur obligations within specified
amounts, during a specified period, pursuant to an Office of Management and Budget apportionment or
reapportionment action. The creation of an obligation in excess of an allotment is a violation of
the administrative subdivision of funds.
</p>
<p>(c) <i>Allowance.</i> An allowance is a subdivision below the allotment level, and is a guideline
which may be issued by department or staff office heads (allottees) to facility directors and other
officials, showing the expenditure pattern or operating budget they will be expected to follow in
light of the program activities contemplated by the overall VA budget or plan of expenditure. The
creation of an obligation in excess of an allowance is not a violation of the administrative
subdivision of funds.
</p>
<p>(Authority: 31 U.S.C. 1514)
</p>
<p><b>&#167; 1.672
 Responsibilities.
</b></p>
<p>(a) The issuance of an allotment to the administration and staff office heads (allottees) is
required and is the responsibility of the Director, Office of Budget and Finance. The sum of such
allotments shall not be in excess of the amount indicated in the apportionment or reapportionment
document.
</p>
<p>(b) The issuance of an allowance is discretionary with department or staff office heads
(allottees), as an allowance is merely a management device which allottees may utilize in carrying
out their responsibilities. Allottees are responsible for keeping obligations within the amounts of
their allotments, whether allowances are issued or not.
</p>
<p>(c) The Director, Office of Budget and Finance, is responsible for requesting apportionments and
reapportionments from the Office of Management and Budget. Administration and staff heads shall
promptly request that an appropriation or fund be reapportioned if feasible whenever it appears that
obligations may exceed the level of the apportionment.
</p>
<p>(Authority: 31 U.S.C. 1514)
</p>
<p><b>&#167; 1.673
 Responsibility for violations of the administrative subdivision of funds.
</b></p>
<p>(a) In the event an allotment or an apportionment is exceeded except in the circumstances
described in paragraph (b) of this section, the following factors will be considered in determining
which official, or officials, are responsible for the violation.
</p>
<p>(1) Knowledge of circumstances which could lead to an allotment or apportionment being exceeded;
</p>
<p>(2) Whether the official had received explicit instructions to continue or cease incurring
obligations;
</p>
<p>(3) Whether any action was taken in contravention of or with disregard for, instructions to
monitor obligations incurred;
</p>
<p>(4) Whether the official had the authority to curtail obligations by directing a change in the
manner of operations of the department or staff office; or
</p>
<p>(5) Any other facts which tend to fix the responsibility for the obligations which resulted in
the allotment or apportionment being exceeded.
</p>
<p>(b) In the event that the sum of the allotments made in a particular fiscal year exceeds the
amount apportioned by the Office of Management and Budget, and the apportionment is subsequently
exceeded because of this action, the official who made the excess allotments will be the official
responsible for the violation.
</p>
<p>(Authority: 31 U.S.C. 1514)</p>
<p><b>Use of Official Mail in the Location and Recovery of Missing Children
</b></p>
<p><b>Source:</b> 52 FR 10889, Apr. 6, 1987, unless otherwise noted.
</p>
<p><b>&#167; 1.700
 Purpose.
</b></p>
<p>Sections 1.700 through 1.705 of this title provide a Missing Children Official Mail Program
in the Department of Veterans Affairs.
</p>
<p>(Authority: 39 U.S.C. 3220(a)(2), 5 U.S.C. 301)
</p>
<p>[60 FR 48387, Sept. 19, 1995]
</p>
<p><b>&#167; 1.701
 Contact person for missing children official mail program.
</b></p>
<p>The Department of Veterans Affairs contact person for the Missing Children Official Mail
Program is: Mrs. Roslynd R. Stewart, Information Management Service (045A4), Office of Policy and
Program Assistance, Office of Information Resources Management, Office of Management, Department of
Veterans Affairs, 810 Vermont Avenue, NW., Washington, DC 20420-0001. Telephone: (202) 565
-8949.
</p>
<p>(Authority: 39 U.S.C. 3220(a)(2), 5 U.S.C. 301)
</p>
<p>[60 FR 48388, Sept. 19, 1995]
</p>
<p><b>&#167; 1.702
 Policy.
</b></p>
<p>(a) The Department of Veterans Affairs will supplement and expand the national effort to
assist in the location and recovery of missing children by maximizing the economical use of missing
children information in domestic official mail and publications directed to members of the public
and Department of Veterans Affairs employees.
</p>
<p>(b) The Department of Veterans Affairs will insert pictures and biographical information related
to missing children in a variety of official mail originating at the Department of Veterans Affairs
automation centers. In addition, pictures and biographical information are printed in self-mailers
and other Department of Veterans Affairs publications (newsletters, bulletins, etc.).
</p>
<p>(c) The National Center for Missing and Exploited Children (National Center) is the sole source
from which the Department of Veterans Affairs will acquire the camera-ready and other photographic
and biographical materials to be disseminated for use by Department of Veterans Affairs
organizational units. The information is ordered and disseminated by Information Management Service.
</p>
<p>(d) The Department of Veterans Affairs will remove all printed inserts and other materials from
circulation or other use within a three-month period from the date the National Center notifies the
Department of Veterans Affairs that a child whose picture and biographical information have been
made available to the Department of Veterans Affairs has been recovered or that permission of the
parent(s) or guardian to use the child's photograph and biographical information has been withdrawn.
The National Center is responsible for immediately notifying the Department of Veterans Affairs
contact person, in writing, of the need to withdraw from circulation official mail and other
materials related to a particular child. Photographs which were reasonably current as of the time of
the child's disappearence shall be the only acceptable form of visual medium or pictorial likeness
used in official mail.
</p>
<p>(e) The Department of Veterans Affairs will give priority to official mail that is addressed to:
</p>
<p>(1) Members of the public that will be received in the United States, its territories and
possessions; and
</p>
<p>(2) Inter- and intra-agency publications and other media that will also be widely disseminated to
Department of Veterans Affairs employees.
</p>
<p>(f) The Department of Veterans Affairs will avoid repetitive mailings of material to the same
individuals.
</p>
<p>(g) All Department of Veterans Affairs employee suggestions and/or recommendations for additional
cost-effective opportunities to use photographs and biographical data on missing children will be
provided to the Department of Veterans Affairs contact person.
</p>
<p>(h) These shall be the sole regulations for the Department of Veterans Affairs and its component
organizational units.
</p>
<p>(Authority: 39 U.S.C. 3220(a)(2), 5 U.S.C. 301).
</p>
<p>[52 FR 10889, Apr. 6, 1987, as amended at 60 FR 48388, Sept. 19, 1995]
</p>
<p><b>&#167; 1.703
 Percentage estimate.
</b></p>
<p>It is the Department of Veterans Affairs objective that 20 percent of its first class
official mail addressed to the public contain missing children photographs and information.
</p>
<p>(Authority: 39 U.S.C. 3220(a)(2), 5 U.S.C. 301)
</p>
<p>[60 FR 48388, Sept. 19, 1995]
</p>
<p><b>&#167; 1.704 [Reserved]</b>
</p>
<p><b>&#167; 1.705
 Restrictions on use of missing children information.
</b></p>
<p>Missing children pictures and biographical data shall not be:
</p>
<p>(a) Printed on official envelopes and other materials ordered and stocked in quantities that
represent more than a 90-day supply.
</p>
<p>(b) Printed on blank pages or covers of publications that may be included in the Superintendent
of Documents Sales Program or be distributed to depository libraries.
</p>
<p>(c) Inserted in any envelope or publication the contents of which may be construed to be
inappropriate for association with the missing children program.
</p>
<p>(d) Inserted in any envelope where the insertion would increase the postage cost for the item
being mailed.
</p>
<p>(e) Placed on letter-size envelopes on the official indicia, the area designated for optical
character readers (OCRs), bar code read area, and return address area in accordance with the Office
of Juvenile Justice and Delinquency Prevention guidelines and U.S. Postal Service standards.
</p>
<p>(Authority: 39 U.S.C. 3220(a)(2), 5 U.S.C. 301)
</p>
<p>[52 FR 10889, Apr. 6, 1987, as amended at 60 FR 48388, Sept. 19, 1995]</p>
<p><b>Homeless Claimants
</b></p>
<p><b>&#167; 1.710
 Homeless claimants: Delivery of benefit payments and correspondence.
</b></p>
<p>(a) All correspondence and all checks for benefits payable to claimants under laws
administered by the Department of Veterans Affairs shall be directed to the address specified by the
claimant. The Department of Veterans Affairs will honor for this purpose any address of the claimant
in care of another person or organization or in care of general delivery at a United States post
office. In no event will a claim or payment of benefits be denied because the claimant provides no
mailing address.

</p><p>(Authority: 38 U.S.C. 5103; 5120)

</p>
<p>(b) To ensure prompt delivery of benefit payments and correspondence, claimants who seek personal
assistance from Veterans Benefits Counselors when filing their claims shall be counseled as to the
importance of providing his or her current mailing address and, if no address is provided, the
procedures for delivery described in paragraph (d) of this section.

</p><p>(Authority: 38 U.S.C. 5103; 5120)

</p>
<p>(c) The Department of Veterans Affairs shall prepare and distribute to organizations specially
serving the needs of veterans and the homeless, including but not limited to shelters, kitchens and
private outreach facilities, information encouraging such organizations to counsel individuals on
the importance of providing mailing addresses to the Department of Veterans Affairs and advising
them of this regulation.

</p><p>(Authority: 38 U.S.C. 5103; 5120)

</p>
<p>(d) If a claimant fails or refuses to provide a current mailing address to the Department of
Veterans Affairs, all correspondence and any checks for benefits to which the claimant is entitled
will be delivered to the Agent Cashier of the regional office which adjudicated or is adjudicating
the claim in the case of compensation, pension or survivors' benefits, to the Agent Cashier of the
Department of Veterans Affairs facility closest to the educational institution or training
establishment attended by a claimant in the case of education benefits, or to the Agent Cashier of
any other Department of Veterans Affairs facility deemed by the Agency to be appropriate under the
circumstances of the particular case. The claimant, within 30 days after issuance, may obtain
delivery of any check or correspondence held by an Agent Cashier upon presentation of proper
identification. Checks unclaimed after 30 days will be returned to the Department of the Treasury
and the correspondence to the regional office or facility of jurisdiction. Thereafter, the claimant
must request the reissuance of any such check or item of correspondence by written notice to the
Department of Veterans Affairs.
</p>
<p>(Authority: 38 U.S.C. 5103; 5120)
</p>
<p>[53 FR 22654, June 17, 1988]
</p>
<p><b>&#167;&#167; 1.780-1.783 [Reserved]</b></p>
<p><b>Part-Time Career Employment Program
</b></p>
<p><b>Source:</b> 44 FR 55172, Sept. 25, 1979, unless otherwise noted.
</p>
<p><b>&#167; 1.891
 Purpose of program.
</b></p>
<p>Many individuals in society possess great productive potential which goes unrealized because
they cannot meet the requirements of a standard workweek. Permanent part-time employment also
provides benefits to other individuals in a variety of ways, such as providing older individuals
with a gradual transition into retirement, providing employment opportunities to handicapped
individuals or others who requires a reduced workweek, providing parents opportunities to balance
family responsibilities with the need for additional income, and assisting students who must finance
their own education or vocational training. In view of this, the Department of Veterans Affairs will
operate a part-time career employment program, consistent with the needs of its beneficiaries and
its responsibilities.
</p>
<p>(Authority: 5 U.S.C. 3401 note)
</p>
<p><b>&#167; 1.892
 Review of positions.
</b></p>
<p>Positions becoming vacant, unless excepted as provided by &#167; 1.897, will be
reviewed to determine the feasibility of converting them to part-time. Among the criteria which may
be used when conducting this review are:
</p>
<p>(a) Mission requirements.
</p>
<p>(b) Workload.
</p>
<p>(c) Employment ceilings and budgetary considerations.
</p>
<p>(d) Availability of qualified applicants willing to work part time.
</p>
<p>(e) Other criteria based on local needs and circumstances.
</p>
<p>(Authority: 5 U.S.C. 3402)
</p>
<p><b>&#167; 1.893
 Establishing and converting part-time positions.
</b></p>
<p>Position management and other internal reviews may indicate that positions may be either
converted from full-time or initially established as part-time positions. Criteria listed in
&#167; 1.892 may be used during these reviews. If a decision is made to convert to or to
establish a part-time position, regular position management and classification procedures will be
followed.
</p>
<p>(Authority: 5 U.S.C. 3402)
</p>
<p><b>&#167; 1.894
 Annual goals and timetables.
</b></p>
<p>An departmentwide plan for promoting part-time employment opportunities will be developed
annually. This plan will establish annual goals and set interim and final deadlines for achieving
these goals. This plan will be applicable throughout the agency, but may be supplemented by field
facilities.
</p>
<p>(Authority: 5 U.S.C. 3402)
</p>
<p><b>&#167; 1.895
 Review and evaluation.
</b></p>
<p>The part-time career employment program will be reviewed through regular employment reports
to determine levels of part-time employment. This program will also be designated an item of special
interest to be reviewed during personnel management reviews.
</p>
<p>(Authority: 5 U.S.C. 3402)
</p>
<p>[61 FR 38571, July 25, 1996]
</p>
<p><b>&#167; 1.896
 Publicizing vacancies.
</b></p>
<p>When applicants from outside the Federal service are desired, part-time vacancies may be
publicized through various recruiting means, such as:
</p>
<p>(a) Federal Job Information Centers.
</p>
<p>(b) State Employment offices.
</p>
<p>(c) VA Recruiting Bulletins.
</p>
<p>(Authority: 5 U.S.C. 3402)
</p>
<p><b>&#167; 1.897
 Exceptions.
</b></p>
<p>The Secretary of Veterans Affairs, or designees, may except positions from inclusion in this
program as necessary to carry out the mission of the Department.
</p>
<p>(Authority: 5 U.S.C. 3402)</p>
<p><b>Standards for Collection, Compromise, Suspension or Termination of Collection Effort, and
Referral of Civil Claims for Money or Property
</b></p>
<p><b>Authority:</b> Sections 1.900 through 1.953 are issued under the authority of 31 U.S.C.
3711 through 3720E; 38 U.S.C. 501, and as noted in specific sections.
</p>
<p><b>Source:</b> 32 FR 2613, Feb. 8, 1967, unless otherwise noted.
</p>
<p><b>&#167; 1.900
 Prescription of standards.
</b></p>
<p>(a) The standards contained in &#167;&#167; 1.900 through 1.953 are issued pursuant to
the Federal Claims Collection Standards, issued by the Department of the Treasury (Treasury) and the
Department of Justice (DOJ) in parts 900 through 904 of 31 CFR, as well as other debt collection
authority issued by Treasury in part 285 of 31 CFR, and apply to the collection, compromise,
termination, and suspension of debts owed to VA, and the referral of such debts to Treasury (or
other Federal agencies designated by Treasury) for offset and collection action and to DOJ for
litigation, unless otherwise stated in this part or in other statutory or regulatory authority, or
by contract.
</p>
<p>(b) Standards and policies regarding the classification of debt for accounting purposes (for
example, write-off of uncollectible debt) are contained in the Office of Management and Budget's
Circular A-129 (Revised), "Policies for Federal Credit Programs and Non-Tax Receivables."

</p>
<p>(Authority: 31 U.S.C. 3711; 38 U.S.C. 501).
</p>
<p>[69 FR 62191, Oct. 25, 2004]
</p>
<p><b>&#167; 1.901
 No private rights created.
</b></p>
<p>Sections 1.900 through 1.953 do not create any right or benefit, substantive or procedural,
enforceable at law or in equity by a party against the United States, its agencies, its officers, or
any other person, nor shall the failure of VA to comply with any of the provisions of
&#167;&#167; 1.900 through 1.953 be available to any debtor as a defense.

</p>
<p>(Authority: 31 U.S.C. 3711; 38 U.S.C. 501).
</p>
<p>[69 FR 62191, Oct. 25, 2004]
</p>
<p><b>&#167; 1.902
 Antitrust, fraud, and tax and interagency claims.
</b></p>
<p>(a) The standards in &#167;&#167; 1.900 through 1.953 relating to compromise,
suspension, and termination of collection activity do not apply to any debt based in whole or in
part on conduct in violation of the antitrust laws or to any debt involving fraud, the presentation
of a false claim, or misrepresentation on the part of the debtor or any party having an interest in
the claim. Only the Department of Justice (DOJ) has the authority to compromise, suspend, or
terminate collection activity on such claims. The standards in &#167;&#167; 1.900 through 1.953
relating to the administrative collection of claims do apply, but only to the extent authorized by
DOJ in a particular case. Upon identification of a claim based in whole or in part on conduct in
violation of the antitrust laws or any claim involving fraud, the presentation of a false claim, or
misrepresentation on the part of the debtor or any party having an interest in the claim, VA shall
promptly refer the case to DOJ. At its discretion, DOJ may return the claim to VA for further
handling in accordance with the standards in &#167;&#167; 1.900 through 1.953.
</p>
<p>(b) Sections 1.900 through 1.953 do not apply to tax debts.
</p>
<p>(c) Sections 1.900 through 1.953 do not apply to claims between Federal agencies.
</p>
<p>(d) Federal agencies should attempt to resolve interagency claims by negotiation in accordance
with Executive Order 12146 (3 CFR, 1980 Comp., pp. 409-412).

</p>
<p>(Authority: 31 U.S.C. 3711; 38 U.S.C. 501).
</p>
<p>[69 FR 62192, Oct. 25, 2004]
</p>
<p><b>&#167; 1.903
 Settlement, waiver, or compromise under other statutory or regulatory authority.
</b></p>
<p>Nothing in &#167;&#167; 1.900 through 1.953 precludes VA settlement, waiver,
compromise, or other disposition of any claim under statutes and implementing regulations other than
subchapter II of chapter 37 of Title 31 of the United States Code (Claims of the United States
Government) and the standards in Title 31 CFR parts 900 through 904. See, for example, the Federal
Medical Care Recovery Act (42 U.S.C. 2651 <i>et seq.</i>) and applicable regulations, 28 CFR part
43. In such cases, the laws and regulations that are specifically applicable to claims collection
activities of VA generally take precedence over 31 CFR parts 900 through 904.

</p>
<p>(Authority: 31 U.S.C. 3711; 38 U.S.C. 501).
</p>
<p>[69 FR 62192, Oct. 25, 2004]
</p>
<p><b>&#167; 1.904
 Form of payment.
</b></p>
<p>Claims may be paid in the form of money or, when a contractual basis exists, VA may demand
the return of specific property or the performance of specific services.

</p>
<p>(Authority: 31 U.S.C. 3711; 38 U.S.C. 501).
</p>
<p>[69 FR 62192, Oct. 25, 2004]
</p>
<p><b>&#167; 1.905
 Subdivision of claims not authorized.
</b></p>
<p>Debts may not be subdivided to avoid the monetary ceiling established by 31 U.S.C. 3711(a)
(2). A debtor's liability arising from a particular transaction or contract shall be considered as a
single debt in determining whether the debt is one of less than $100,000 (excluding interest,
penalties, and administrative costs) or such higher amount as the Attorney General shall from time
to time prescribe for purposes of compromise, suspension, or termination of collection activity.

</p>
<p>(Authority: 31 U.S.C. 3711; 38 U.S.C. 501).
</p>
<p>[69 FR 62192, Oct. 25, 2004]
</p>
<p><b>&#167; 1.906
 Required administrative proceedings.
</b></p>
<p>(a) In applying &#167;&#167; 1.900 through 1.953, VA is not required to omit,
foreclose, or duplicate administrative proceedings required by contract or other laws or
regulations.
</p>
<p>(b) Nothing contained in &#167;&#167; 1.900 through 1.953 is intended to foreclose the right
of any debtor to an administrative proceeding, including appeals, waivers, and hearings provided by
statute, contract, or VA regulation (see 38 U.S.C. 3720(a)(4) and 5302 and 42 U.S.C. 2651-
2653).

</p>
<p>(Authority: 38 U.S.C. 501, 3720(a)(4), 5302; 42 U.S.C. 2651 through 2653).
</p>
<p>[69 FR 62192, Oct. 25, 2004]
</p>
<p><b>&#167; 1.907
 Definitions.
</b></p>
<p>(a) The definitions and construction found in the Federal Claims Collection Standards in 31
CFR 900.2(a) through (d), and the definitions in the provisions on administrative wage garnishment
in 31 CFR 285.11(c) shall apply to &#167;&#167; 1.900 through 1.953, except as otherwise
stated.
</p>
<p>(b) As used in &#167;&#167; 1.900 through 1.953, <i>referral for litigation</i> means
referral to the Department of Justice for appropriate legal actions, except in those specified
instances where a case is referred to a VA Regional Counsel for legal action.
</p>
<p>(c) As used in &#167;&#167; 1.900 through 1.953, <i>VA benefit program</i> means medical
care, home loan, and benefits payment programs administered by VA under Title 38 of the United
States Code, except as otherwise stated.
</p>
<p>(d) As used in &#167;&#167; 1.900 through 1.953, <i>Treasury</i> means the United States
Department of the Treasury.

</p>
<p>(Authority: 31 U.S.C. 3701, 3711; 38 U.S.C. 501, 5316).
</p>
<p>[69 FR 62192, Oct. 25, 2004]</p>
<p><b>Standards for Collection of Claims
</b></p>
<p><b>Authority:</b> Sections 1.900 through 1.953 are issued under the authority of 31 U.S.C.
3711 through 3720E; 38 U.S.C. 501, and as noted in specific sections.
</p>
<p><b>Source:</b> 32 FR 2613, Feb. 8, 1967, unless otherwise noted.
</p>
<p><b>&#167; 1.910
 Aggressive collection action.
</b></p>
<p>(a) VA will take aggressive collection action on a timely basis, with effective follow-up,
to collect all claims for money or property arising from its activities.
</p>
<p>(b) In accordance with 31 U.S.C. 3711(g) and the procedures set forth at 31 CFR 285.12, VA shall
transfer to Treasury any non-tax debt or claim that has been delinquent for a period of 180 days or
more so that Treasury may take appropriate action to collect the debt or terminate collection
action. This requirement does not apply to any debt that:
</p>
<p>(1) Is in litigation or foreclosure;
</p>
<p>(2) Will be disposed of under an approved asset sale program;
</p>
<p>(3) Has been referred to a private collection contractor for a period of time acceptable to the
Secretary of the Treasury;
</p>
<p>(4) Is at a debt collection center for a period of time acceptable to the Secretary of the
Treasury;
</p>
<p>(5) Will be collected under internal offset procedures within 3 years after the debt first became
delinquent; or
</p>
<p>(6) Is exempt from this requirement based on a determination by the Secretary of the Treasury
that exemption for a certain class of debt is in the best interest of the United States. VA may
request that the Secretary of the Treasury exempt specific classes of debts.
</p>
<p>(c) In accordance with 31 U.S.C. 3716(c)(6) and the procedures set forth in 31 CFR part 285, VA
shall notify Treasury of all past due, legally enforceable non-tax debt that is over 180 days
delinquent for purposes of administrative offset, including tax refund offset and federal salary
offset. (Procedures for referral to Treasury for tax refund offset are found at 31 CFR 285.2 and
procedures for referral to Treasury for federal salary offset are found at 38 CFR 1.995 and 31 CFR
285.7.)

</p>
<p>(Authority: 31 U.S.C. 1311, 1316; 38 U.S.C. 501, 5314; 31 CFR part 285).
</p>
<p>[69 FR 62192, Oct. 25, 2004]
</p>
<p><b>&#167; 1.911
 Collection of debts owed by reason of participation in a benefits program.
</b></p>
<p>(a) <i>Scope.</i> This section applies to the collection of debts resulting from an
individual's participation in a VA benefit or home loan program. It does not apply to VA's other
debt collection activities. Standards for the demand for payment of all other debts owed to VA are
set forth in &#167; 1.911a. School liability debts are governed by &#167; 21.4009 of this
title.
</p>
<p>(b) <i>Written demands.</i> When VA has determined that a debt exists by reason of an
administrative decision or by operation of law, VA shall promptly demand, in writing, payment of the
debt. VA shall notify the debtor of his or her rights and remedies and the consequences of failure
to cooperate with collection efforts. Generally, one demand letter is sufficient, but subsequent
demand letters may be issued as needed.
</p>
<p>(1) The Secretary determines that further demand would be futile;
</p>
<p>(2) The debtor has indicated in writing that he or she does not intend to pay the debt;
</p>
<p>(3) Judicial action to protect the Government's interest is indicated under the circumstances; or
</p>
<p>(4) Collection by offset pursuant to &#167; 1.912a can be made.
</p>
<p>(c) <i>Rights and remedies.</i> Subject to limitations referred to in this paragraph, the debtor
has the right to informally dispute the existence or amount of the debt, to request waiver of
collection of the debt, to a hearing on the waiver request, and to appeal the Department of Veterans
Affairs decision underlying the debt. These rights can be exercised separately or simultaneously.
Except as provided in &#167; 1.912a (collection by offset), the exercise of any of these rights
will not stay any collection proceeding.
</p>
<p>(1) <i>Informal dispute.</i> This means that the debtor writes to the Department of Veterans
Affairs and questions whether he or she owes the debt or whether the amount is accurate. The
Department of Veterans Affairs will, as expeditiously as possible, review the accuracy of the debt
determination. If the resolution is adverse to the debtor, he or she may also request waiver of
collection as indicated in paragraphs (c)(2) and (3) of this section.
</p>
<p>(2) <i>Request for waiver; hearing on request.</i> The debtor has the right to request waiver of
collection, in accordance with &#167; 1.963 or &#167; 1.964, and the right to a hearing on
the request. Requests for waivers must be filed in writing. A waiver request must be filed within
the time limit set forth in 38 U.S.C. 5302. If waiver is granted, in whole or in part, the debtor
has a right to refund of amounts already collected up to the amount waived.
</p>
<p>(3) <i>Appeal.</i> In accordance with parts 19 and 20 of this title, the debtor may appeal the
decision underlying the debt.
</p>
<p>(d) <i>Notification.</i> The Department of Veterans Affairs shall notify the debtor in writing of
the following:
</p>
<p>(1) The exact amount of the debt;
</p>
<p>(2) The specific reasons for the debt, in simple and concise language;
</p>
<p>(3) The rights and remedies described in paragraph (c) of this section, including a brief
explanation of the concept of, and requirements for, waiver;
</p>
<p>(4) That collection may be made by offset from current or future VA benefit payments (see
&#167; 1.912a). In addition, the debtor shall be advised of any policies with respect to the
use of credit bureaus, debt collection centers, and collection agencies; any other remedies to
enforce payment of the debt, including administrative wage garnishment, Federal salary offset, tax
refund offset, and litigation; and the requirement that any debt delinquent for more than 180 days
be transferred to Treasury for administrative offset or collection.
</p>
<p>(5) That interest and administrative costs may be assessed in accordance with &#167; 1.915,
as appropriate;
</p>
<p>(6) That the debtor shall have the opportunity to inspect and copy records; and
</p>
<p>(7) That the debtor shall have the opportunity to enter into a repayment agreement.
</p>
<p>(e) <i>Sufficiency of notification.</i> Notification is sufficient when sent by ordinary mail
directed to the debtor's last known address and not returned as undeliverable by postal authorities.
</p>
<p>(f) <i>Further explanation.</i> Further explanation may be found for--
</p>
<p>(1) Appellate rights, in parts 19 and 20 of this title;
</p>
<p>(2) Notification of any decision affecting the payment of benefits or granting relief, in
&#167; 3.103(e);
</p>
<p>(3) Right to appeal a waiver decision, in &#167; 1.958;
</p>
<p>(4) Refund to a successful waiver applicant of money already collected, in &#167; 1.967; and
</p>
<p>(5) The assessment of interest and administrative costs, in &#167; 1.915.
</p>
<p>(Authority: 38 U.S.C. 501, 5302, 5314)
</p>
<p>[48 FR 1055, Jan. 10, 1983; 48 FR 6336, Feb. 11, 1983. Redesignated and amended at 52 FR 42105,
Nov. 3, 1987; 54 FR 34980, Aug. 23, 1989; 69 FR 62193, Oct. 25, 2004]
</p>
<p><b>&#167; 1.911a
 Collection of non-benefit debts.
</b></p>
<p>(a) This section is written in accordance with 31 CFR 901.2 and applies to the demand for
payment of all debts, except those debts arising out of participation in a VA benefit or home loan
program. Procedures for the demand for payment of VA benefit or home loan program debts are set
forth in &#167; 1.911.
</p>
<p>(b) Written demand as described in paragraph (c) of this section shall be made promptly upon a
debtor of VA in terms that inform the debtor of the consequences of failing to cooperate with VA to
resolve the debt. Generally, one demand letter is sufficient, but subsequent letters may be issued.
In determining the timing of the demand letter, VA should give due regard to the need to refer debts
promptly to the Department of Justice for litigation, in accordance with &#167;&#167; 1.950
through 1.953. When necessary to protect VA's interest (for example, to prevent the running of a
statute of limitations), written demand may be preceded by other appropriate actions under 38 CFR
1.900 through 1.953, including immediate referral for litigation.
</p>
<p>(c) The written demand letter shall inform the debtor of:
</p>
<p>(1) The basis for the indebtedness and any rights the debtor may have to seek review within VA,
including the right to request waiver;
</p>
<p>(2) The applicable standards for imposing any interest or other late payment charges;
</p>
<p>(3) The date by which payment should be made to avoid interest and other late payment charges and
enforced collection, which generally should not be more than 30 days from the date that the demand
letter is mailed;
</p>
<p>(4) The name, address, and phone number of a contact person or office within the agency;
</p>
<p>(5) The opportunity to inspect and copy VA records related to the debt; and
</p>
<p>(6) The opportunity to make a written agreement to repay the debt.
</p>
<p>(d) In addition to the items listed in paragraph (c) of this section, VA should include in the
demand letter VA's willingness to discuss alternative methods of payment and its policies with
respect to the use of credit bureaus, debt collection centers, and collection agencies. The letter
should also indicate the agency's remedies to enforce payment of the debt (including assessment of
interest, administrative costs and penalties, administrative garnishment, Federal salary offset, tax
refund offset, administrative offset, and litigation) and the requirement that any debt delinquent
for more than 180 days be transferred to Treasury for collection.
</p>
<p>(e) VA should respond promptly to communications from debtors and should advise debtors who
dispute debts, or request waiver, to furnish available evidence to support their contentions.
</p>
<p>(f) Prior to referring a debt for litigation, VA should advise each debtor determined to be
liable for the debt that, unless the debt can be collected administratively, litigation may be
initiated. This notification may be given as part of a demand letter under paragraph (c) of this
section or in a separate letter.
</p>
<p>(g) When VA learns that a bankruptcy petition has been filed with respect to a debtor, before
proceeding with further collection action, VA should immediately seek legal advice from either VA's
General Counsel or Regional Counsel concerning the impact of the Bankruptcy Code on any pending or
contemplated collection activities. Unless VA determines that the automatic stay imposed at the time
of filing pursuant to 11 U.S.C. 362 has been lifted or is no longer in effect, in most cases
collection activity against the debtor should stop immediately.
</p>
<p>(1) After VA seeks legal advice, a proof of claim should be filed in most cases with the
bankruptcy court or the Trustee. VA should refer to the provisions of 11 U.S.C. 106 relating to the
consequences on sovereign immunity of filing a proof of claim.
</p>
<p>(2) If VA is a secured creditor, it may seek relief from the automatic stay regarding its
security, subject to the provisions and requirements of 11 U.S.C. 362.
</p>
<p>(3) Offset is prohibited in most cases by the automatic stay. However, VA should seek legal
advice from VA's General Counsel or Regional Counsel to determine whether payments to the debtor and
payments of other agencies available for offset may be frozen by VA until relief from the automatic
stay can be obtained from the bankruptcy court. VA also should seek legal advice from VA's General
Counsel or Regional Counsel to determine whether recoupment is available.

</p>
<p>(Authority: 31 U.S.C. 3711; 38 U.S.C. 501).
</p>
<p>[69 FR 62193, Oct. 25, 2004]
</p>
<p><b>&#167; 1.912
 Collection by offset.
</b></p>
<p>(a) <i>Authority and scope.</i> In accordance with the procedures set forth in 31 CFR 901.3,
as well as 31 CFR part 285, VA shall collect debts by administrative offset from payments made by VA
to a debtor indebted to VA. Also in accordance with 31 CFR 901.3(b), as well as 31 CFR part 285, VA
shall refer past due, legally enforceable non-tax debts which are over 180 days delinquent to
Treasury for collection by centralized administrative offset (further procedures are set forth in
paragraph (g) of this section). This section does not pertain to offset from either VA benefit
payments made under the authority of 38 U.S.C. 5314 or from current salary, but does apply to offset
from all other VA payments, including an employee's final salary check and lump-sum leave payment.
Procedures for offset from benefit payments are found in &#167; 1.912a. Procedures for offset
from current Federal salary are found in &#167;&#167; 1.980 through 1.995. NOTE: VA cannot
offset, or refer for the purpose of offset, either under the authority of this section or under any
other authority found in &#167;&#167; 1.900 through 1.953 and &#167;&#167; 1.980 through
1.995, any VA home loan program debt described in 38 U.S.C. 3726 unless the requirements set forth
in that section have been met.
</p>
<p>(b) <i>Notification.</i> Prior to initiation of administrative offset, if not provided in the
initial notice of indebtedness, VA is required to provide the debtor with written notice of:
</p>
<p>(1) The nature and amount of the debt;
</p>
<p>(2) VA's intention to pursue collection by offset procedures from the specified VA payment, the
date of commencement of offset, and the exact amount to be offset;
</p>
<p>(3) The opportunity to inspect and copy VA records pertaining to the debt;
</p>
<p>(4) The right to contest either the existence or amount of the debt or the proposed offset
schedule, or if applicable, to request a waiver of collection of the debt, or to request a hearing
on any of these matters;
</p>
<p>(5) That commencement of offset will begin, unless the debtor makes a written request for the
administrative relief discussed in paragraph (b)(4) of this section within 30 days of the date of
this notice; and
</p>
<p>(6) The oppportunity to enter into a written agreement with VA to repay the debt in lieu of
offset.
</p>
<p>(c) <i>Deferral of offset.</i> (1) If the debtor, within 30 days of the date of the notification
required by paragraph (b) of this section, disputes in writing the existence or amount of the debt
or the amount of the scheduled offset, offset shall not commence until the dispute is reviewed and a
decision is rendered by VA adverse to the debtor.
</p>
<p>(2) If the debtor, within 30 days of the date of the required notification by VA, requests in
writing the waiver of collection of the debt in accordance with &#167; 1.963, &#167; 
1.963a, or &#167; 1.964, offset shall not commence until VA has made an initial decision to
deny the waiver request.
</p>
<p>(3) If the debtor, within 30 days of the required notification by VA, requests in writing a
hearing on the issues found in paragraphs (c)(1) and (2) of this section, offset shall not commence
until a decision is rendered by VA on the issue which is the basis of the hearing.
</p>
<p>(d) <i>Exceptions.</i> (1) Offset may commence prior to either resolution of a dispute or
decision on a waiver request as discussed in paragraph (c) of this section, if collection of the
debt would be jeopardized by deferral of offset (for example, if VA first learns of the debt when
there is insufficient time before a final payment would be made to the debtor to allow for prior
notice and opportunity for review or waiver consideration). In such a case, notification pursuant to
paragraph (b) of this section shall be made at the time offset begins or as soon thereafter as
possible. VA shall promptly refund any money that has been collected that is ultimately found not to
have been owed to the Government.
</p>
<p>(2) If the United States has obtained a judgment against the debtor, offset may commence without
the notification required by paragraph (b) of this section. However, a waiver request filed in
accordance with the time limits and other requirements of &#167; 1.963, &#167; 1.963a, or
&#167; 1.964 will be considered, even if filed after a judgment has been obtained against the
debtor. If waiver is granted, in whole or in part, refund of amounts already collected will be made
in accordance with &#167; 1.967.
</p>
<p>(3) The procedures set forth in paragraph (b) of this section may be omitted when the debt arises
under a contract that provides for notice and other procedural protections.
</p>
<p>(4) Offset may commence without the notification required by paragraph (b) of this section when
the offset is in the nature of a recoupment. As defined in 31 CFR 900.2(d), recoupment is a special
method for adjusting debts arising under the same transaction or occurrence.
</p>
<p>(e) <i>Hearing.</i> (1) After a debtor requests a hearing, VA shall notify the debtor of the form
of the hearing to be provided; i.e., whether the hearing will either be oral or paper. If an oral
hearing is determined to be proper by the hearing official, the notice shall set forth the date,
time, and location of the hearing. If the hearing is to be a paper review, the debtor shall be
notified that he or she should submit his or her position and arguments in writing to the hearing
official by a specified date, after which the record shall be closed. This date shall give the
debtor reasonable time to submit this information.
</p>
<p>(2) Unless otherwise required by law, an oral hearing under this paragraph is not required to be
a formal evidentiary type of hearing.
</p>
<p>(3) A debtor who requests a hearing shall be provided an oral hearing if VA determines that the
matter cannot be resolved by review of documentary evidence. Whenever an issue of credibility or
veracity is involved, an oral hearing will always be provided the debtor. For example, the
credibility or veracity of a debtor is always an issue whenever the debtor requests a waiver of
collection of the debt. Thus, a hearing held in conjunction with a waiver request will always be an
oral hearing. If a determination is made to provide an oral hearing, the hearing official may offer
the debtor the opportunity for a hearing by telephone conference call. If this offer is rejected or
if the hearing official declines to offer a telephone conference call, the debtor shall be provided
an oral hearing permitting the personal appearance of the debtor, his or her personal
representative, and witnesses. Witnesses shall testify under oath or affirmation.
</p>
<p>(4) In all other cases where a debtor requests a hearing, a paper hearing shall be provided. The
debtor shall be provided an opportunity to submit material for the record. A paper hearing shall
consist of a review of the written evidence of record by the designated hearing official.
</p>
<p>(f) <i>Statutes of limitation; multiple debts.</i> When collecting multiple debts by
administrative offset, VA shall apply the recovered amounts to those debts in accordance with the
best interests of the United States, as determined by the facts and circumstances of the particular
case, paying special attention to applicable statutes of limitation. In accordance with 31 CFR
901.3(a)(4), VA may not initiate offset to collect a debt more than 10 years after VA's right to
collect the debt first accrued (with certain exceptions as specified in 31 CFR 901.3(a)(4)).
</p>
<p>(g) <i>Centralized administrative offset.</i> (1) When VA refers delinquent debts to Treasury for
centralized administrative offset in accordance with 31 CFR part 285, VA must certify that:
</p>
<p>(i) The debts are past due and legally enforceable; and
</p>
<p>(ii) VA has complied with all due process requirements under 31 U.S.C. 3716(a) and paragraphs (b)
and (c) of this section.
</p>
<p>(2) Payments that are prohibited by law from being offset are exempt from centralized
administrative offset.
</p>
<p>(h) <i>Computer Matching and Privacy Act waiver.</i> In accordance with 31 U.S.C. 3716(f), the
Secretary of the Treasury may waive the provisions of the Computer Matching and Privacy Protection
Act of 1988 concerning matching agreements and post-match notification and verification (5 U.S.C.
552a(o) and (p)) for centralized administrative offset upon receipt of a certification from a
creditor agency that the due process requirements enumerated in 31 U.S.C. 3716(a) and paragraphs (b)
and (c) of this section have been met. The certification of a debt in accordance with paragraph (g)
of this section will satisfy this requirement. If such a waiver is granted, only the Data Integrity
Board of the Department of the Treasury is required to oversee any matching activities, in
accordance with 31 U.S.C. 3716(g).
</p>
<p>(i) <i>Requests by creditor agencies for offset.</i> Unless the offset would not be in VA's best
interest, or would otherwise be contrary to law, VA will comply with requests by creditor agencies
to offset VA payments (except for current salary or benefit payments) made to a person indebted to
the creditor agency. However, before VA may initiate offset, the creditor agency must certify in
writing to VA that the debtor has been provided:
</p>
<p>(1) Written notice of the type and amount of the debt and the intent of the creditor agency to
use administrative offset to collect the debt;
</p>
<p>(2) The opportunity to inspect and copy agency records related to the debt;
</p>
<p>(3) The opportunity for review within the agency of the determination of the indebtedness; and
</p>
<p>(4) The opportunity to make a written agreement to repay the debt.

</p>
<p>(Authority: 31 U.S.C. 3711; 38 U.S.C. 501).
</p>
<p>[52 FR 42105, Nov. 3, 1987, as amended at 54 FR 34980, Aug. 23, 1989; 69 FR 62194, Oct. 25, 2004]
</p>
<p><b>&#167; 1.912a
 Collection by offset--from VA benefit payments.
</b></p>
<p>(a) <i>Authority and scope.</i> VA shall collect debts governed by &#167; 1.911 of this
part by offset against any current or future VA benefit payments to the debtor. Unless paragraphs
(c) or (d) of this section apply, offset shall commence promptly after notification to the debtor as
provided in paragraph (b) of this section. Certain military service debts shall be collected by
offset against current or future compensation or pension benefit payments to the debtor under
authority of 38 U.S.C. 5301(c), as provided in paragraph (e) of this section.
</p>
<p>(b) <i>Notification.</i> Unless paragraph (d) of this section applies, offset shall not commence
until the debtor has been notified in writing of the matters described in &#167; 1.911(c) and
(d) and paragraph (c) of this section.
</p>
<p>(c) <i>Deferral of offset.</i> (1) If the debtor, within thirty days of the date of the
notification required by paragraph (b) of this section, disputes, in writing, the existence or
amount of the debt in accordance with &#167; 1.911(c)(1), offset shall not commence until the
dispute is reviewed as provided in &#167; 1.911(c)(1) and unless the resolution is adverse to
the debtor.
</p>
<p>(2) If the debtor, within thirty days of the date of notification required by paragraph (b) of
this section, requests, in writing, waiver of collection in accordance with &#167; 1.963 or
&#167; 1.964, as applicable, offset shall not commence until the Department of Veterans Affairs
has made an initial decision on waiver.
</p>
<p>(3) If the debtor, within thirty days of the notification required by paragraph (b) of this
section, requests, in writing, a hearing on the waiver request, no decision shall be made on the
waiver request until after the hearing has been held.
</p>
<p>(4) VA will pursue collection action once an adverse initial decision is reached on the debtor's
request for waiver and/or the debtor's informal dispute (as described in &#167; 1.911(c)(1))
concerning the existence or amount of the debt, even if the debtor subsequently pursues appellate
relief in accordance with parts 19 and 20 of this title.
</p>
<p>(d) <i>Exceptions.</i> Offset may commence prior to the resolution of a dispute or a decision on
a waiver request if collection of the debt would be jeopardized by deferral of offset. In such case,
notification pursuant to &#167; 1.911(d) shall be made at the time offset begins or as soon
thereafter as possible.

</p><p>(Authority: 38 U.S.C. 5314, Ch. 37)

</p>
<p>(e) <i>Offset of military service debts.</i> (1) In accordance with 38 U.S.C. 5301(c), VA shall
collect by offset from any current or future compensation or pension benefits payable to a veteran
under laws administered by VA, the uncollected portion of the amount of any indebtedness associated
with the veteran's participation in a plan prescribed in subchapter I or II of 10 U.S.C. chapter 73.
</p>
<p>(2) Offsets of a veteran's compensation or pension benefit payments to recoup indebtedness to the
military services as described in paragraph (e)(1) of this section shall only be made by VA when the
military service owed the debt has:
</p>
<p>(i) Determined the amount of the indebtedness of the veteran;
</p>
<p>(ii) Certified to VA that due process in accordance with the procedures prescribed in 31 U.S.C.
3716 have been provided to the veteran; and
</p>
<p>(iii) Requested collection of the total debt amount due.
</p>
<p>(3) Offset from any compensation or pension benefits under the authority of 38 U.S.C. 5301(c)
shall not exceed 15% of the net monthly compensation or pension benefit payment. The net monthly
compensation or pension benefit payment is defined as the authorized monthly compensation or pension
benefit payment less all current deductions.
</p>
<p>(Authority: 38 U.S.C. 5301(c) and 5314)
</p>
<p>[48 FR 1055, Jan. 10, 1983, as amended at 52 FR 42106, Nov. 3, 1987; 57 FR 47263, Oct. 15, 1992;
69 FR 62194, Oct. 25, 2004]
</p>
<p><b>&#167; 1.913
 Liquidation of collateral.
</b></p>
<p>(a) VA should liquidate security or collateral through the exercise of a power of sale in
the security instrument or a nonjudicial foreclosure, and apply the proceeds to the applicable debt,
if the debtor fails to pay the debt within 180 days after demand and if such action is in the best
interest of the United States. Collection from other sources, including liquidation of security or
collateral, is not a prerequisite to requiring payment by a surety, insurer, or guarantor, unless
such action is expressly required by statute or contract.
</p>
<p>(b) When VA learns that a bankruptcy petition has been filed with respect to a debtor, VA should
seek legal advice from VA's General Counsel or Regional Counsel concerning the impact of the
Bankruptcy Code, including, but not limited to, 11 U.S.C. 362, to determine the applicability of the
automatic stay and the procedures for obtaining relief from such stay prior to proceeding under
paragraph (a) of this section.

</p>
<p>(Authority: 31 U.S.C. 3711; 38 U.S.C. 501).
</p>
<p>[69 FR 62195, Oct. 25, 2004]
</p>
<p><b>&#167; 1.914
 Collection in installments.
</b></p>
<p>(a) Whenever feasible, VA shall collect the total amount of a debt in one lump sum. If a
debtor is financially unable to pay a debt in one lump sum, VA may accept payment in regular
installments. VA should obtain financial statements from debtors who represent that they are unable
to pay in one lump sum and independently verify such representations whenever possible. If VA agrees
to accept payments in regular installments, VA should obtain a legally enforceable written agreement
from the debtor that specifies all of the terms of the arrangement and contains a provision
accelerating the debt in the event of default.
</p>
<p>(b) The size and frequency of installment payments should bear a reasonable relation to the size
of the debt and the debtor's ability to pay. If possible, the installment payments should be
sufficient in size and frequency to liquidate the debt in 3 years or less.
</p>
<p>(c) Security for deferred payments should be obtained in appropriate cases. However, VA may
accept installment payments if the debtor refuses to execute a written agreement or to give
security.

</p>
<p>(Authority: 31 U.S.C. 3711; 38 U.S.C. 501).
</p>
<p>[69 FR 62195, Oct. 25, 2004]
</p>
<p><b>&#167; 1.915
 Interest, administrative costs, and penalties.
</b></p>
<p>(a) Except as otherwise provided by statute, contract, or other regulation to the contrary,
and subject to 38 U.S.C. 3485(e) and 5302, VA shall assess:
</p>
<p>(1) Interest on all indebtedness to the United States arising out of participation in a VA
benefit, medical care, or home loan program under authority of Title 38, U.S. Code.
</p>
<p>(2) Interest and administrative costs of collection on such debts described in paragraph (a)(1)
of this section where repayment has become delinquent (as defined in 31 CFR 900.2(b)), and
</p>
<p>(3) Interest, administrative costs, and penalties in accordance with 31 CFR 901.9 on all debts
other than those described in paragraph (a)(1) of this section.
</p>
<p>(b) Every party entering into an agreement with the Department of Veterans Affairs for repayment
of indebtedness in installments shall be advised of the interest charges to be added to the debt.
All debtors being provided notice of indebtedness, including those entering into repayment
agreements, shall be advised that upon the debt becoming delinquent, or in the case of repayment of
already delinquent debts, interest and the administrative costs of collection will be added to the
principal amount of the debt.
</p>
<p>(c) The rate of interest charged by VA shall be based on the rate established annually by the
Secretary of the Treasury in accordance with 31 U.S.C. 3717 and shall be adjusted annually by VA on
the first day of the calendar year. Once the rate of interest has been determined for a particular
debt, the rate shall remain in effect throughout the duration of repayment of that debt. When a
debtor defaults on a repayment agreement and seeks to enter into a new agreement, VA may require
payment of interest at a new rate that reflects the current value of funds to the Treasury at the
time the new agreement is executed. Interest shall not be compounded, that is, interest shall not be
charged on accrued interest and administrative costs required by this section. If, however, a debtor
defaults on a previous repayment agreement, interest and administrative costs that accrued but were
not collected under the defaulted agreement shall be added to the principal under the new agreement.
</p>
<p>(d) Interest on amounts covered by this section shall accrue from the date the initial notice of
the debt is mailed to the debtor. Notification shall be considered sufficient when effected by
ordinary mail, addressed to the last known address, and such notice is not returned as undeliverable
by postal authorities.
</p>
<p>(e) Interest under this section shall not be charged if the debt is paid in full within 30 days
of mailing of the initial notice described in paragraph (b) of this section. Once interest begins to
accrue, and after expiration of the time period for payment of the debt in full to avoid assessment
of interest and administrative costs, any amount received toward the payment of such debt shall be
first applied to payment of outstanding administrative cost charges and then to accrued interest or
costs, and then to principal, unless a different rule is prescribed by statute, contract, or other
regulation.
</p>
<p>(f) All or any part of the interest and administrative costs assessed under this section are
subject to consideration for waiver under section 5302 of title 38 U.S.C., and appropriate
administrative procedures.
</p>
<p>(1) In general, interest and administrative costs may be waived only when the principal of the
debt on which they are assessed is waived by a Committee on Waivers and Compromises. However, VA may
forbear collection of interest and administrative costs, exclusive of collection of the principal of
the debt on which they are assessed, as well as terminate further assessment of interest and
administrative costs when the collection of such interest and costs are determined to be not in the
government's best interest. Collection of interest and administrative costs shall not be considered
to be in the best interest of the government when the amount of assessed interest and administrative
cost is so large that there is a reasonable certainty that the original debt will never be repaid.
The determination to forbear collection of interest and administrative cost, exclusive of collection
of the principal of the debt, shall be made by the Chief of the Fiscal activity at the station
responsible for the collection of the debt. Such a determination is not within the jurisdiction of a
Committee on Waivers and Compromises.
</p>
<p>(2) [Reserved]
</p>
<p>(g) Administrative costs assessed under this section shall be the average costs of collection of
similar debts, or actual collection costs as may be accurately determined in the particular case. No
administrative costs of collection will be assessed under this section in any cases where the
indebtedness is paid in full prior to the 30-day period specified in paragraph (e) of this section,
or in any case where a repayment plan is proposed by the debtor and accepted by VA within that 30-
day period, unless such repayment agreement becomes delinquent (as defined in 31 CFR 900.2(b)).

</p>
<p>(Authority: 31 U.S.C. 3717; 38 U.S.C. 501, 5302, 5315).
</p>
<p>[46 FR 62057, Dec. 22, 1981, as amended at 52 FR 42107, Nov. 3, 1987. Redesignated and amended at
69 FR 62195, Oct. 25, 2004]
</p>
<p><b>&#167; 1.916
 Disclosure of debt information to consumer reporting agencies (CRA).
</b></p>
<p>(a) The Department of Veterans Affairs may disclose all information determined to be
necessary, including the name, address, Department of Veterans Affairs file number, Social Security
number, and date of birth, to consumer reporting agencies for the purpose of--
</p>
<p>(1) Obtaining the location of an individual indebted to the United States as a result of
participation in any benefits program administered by VA or indebted in any other manner to VA;
</p>
<p>(2) Obtaining a consumer report in order to assess an individuals ability to repay a debt when
such individual has failed to respond to the Department's demand for repayment or when such
individual has notified the Department that he/she will not repay the indebtedness; or
</p>
<p>(3) Obtaining the location of an individual in order to conduct program evaluation studies as
required by 38 U.S.C. 527 or any other law.
</p>
<p>(b) Information disclosed by the Department of Veterans Affairs under paragraph (a) of this
section to consumer reporting agencies shall neither expressly nor implicitly indicate that an
individual is indebted to the United States nor shall such information be recorded by consumer
reporting agencies in a manner that reflects adversely upon the individual. Prior to disclosing this
information, the Department of Veterans Affairs shall ascertain that consumer reporting agencies
with which it contracts are able to comply with this requirement. The Department of Veterans Affairs
shall also make reasonable efforts to insure compliance by its contractor with this requirement.
</p>
<p>(c) Subject to the conditions set forth in paragraph (d) of this section, information concerning
individuals may be disclosed to consumer reporting agencies for inclusion in consumer reports
pertaining to the individual, or for the purpose of locating the individual. Disclosure of the fact
of indebtedness will be made if the individual fails to respond in accordance with written demands
for repayment, or refuses to repay a debt to the United States. In making any disclosure under this
section, VA will provide consumer reporting agencies with sufficient information to identify the
individual, including the individual's name, address, if known, date of birth, VA file number, and
Social Security number.
</p>
<p>(d)(1) Prior to releasing information under paragraph (c) of this section, the Department of
Veterans Affairs will send a notice to the individual. This notice will inform the individual that
--
</p>
<p>(i) The Department of Veterans Affairs has determined that he or she is indebted to the
Department of Veterans Affairs;
</p>
<p>(ii) The debt is presently delinquent; and
</p>
<p>(iii) The fact of delinquency may be reported to consumer reporting agencies after 30 days have
elapsed from the date of the notice.
</p>
<p>(2)(i) In accordance with &#167; 1.911 and &#167; 1.911a, VA shall notify each
individual of the right to dispute the existence and amount of the debt and to request a waiver of
the debt, if applicable.
</p>
<p>(ii) If the Department of Veterans Affairs has not previously notified the individual of the
rights described in paragraph (d)(2)(i) of this section, the Department of Veterans Affairs will
include this information in the notice described in paragraph (d)(1) of this section. The individual
shall be afforded a minimum of 30 days from the date of the notice to respond to it before
information is reported to consumer reporting agencies.
</p>
<p>(3) The Department of Veterans Affairs will defer reporting information to a consumer reporting
agency if the individual disputes the existence or amount of any debt or requests waiver of the debt
within the time limits set forth in paragraph (d)(2)(ii) of this section. The Department of Veterans
Affairs will review any dispute and notify the individual of its findings. If the original decision
is determined to be correct, or if the individual's request for waiver is denied, the Department of
Veterans Affairs may report the fact of delinquency to a consumer reporting agency. However, the
individual shall be afforded 30 days from date of the notice of the agency's determination to repay
the debt.
</p>
<p>(4) Nothing in this section affects an individual's right to appeal an agency decision to the
Board of Veterans Appeals. However, information concerning the debt may be disclosed while an appeal
is pending before the Board of Veterans Appeals.
</p>
<p>(5) Upon request, the Department of Veterans Affairs will notify an individual--
</p>
<p>(i) Whether information concerning a debt has been reported to consumer reporting agencies;
</p>
<p>(ii) Of the name and address of each consumer reporting agency to which information has been
released; and
</p>
<p>(iii) Of the specific information released.
</p>
<p>A notice of the right to request this information will be sent with the notice described in
paragraph (d)(1) of this section.
</p>
<p>(e) Subsequent to disclosure of information to consumer reporting agencies as described in
paragraph (c) of this section, the Department of Veterans Affairs shall:
</p>
<p>(1) Notify on a monthly basis each consumer reporting agency concerned of any substantial change
in the status or amount of indebtedness.
</p>
<p>(2) Promptly verify any and all information disclosed if so requested by the consumer reporting
agency concerned.
</p>
<p>(f) In the absence of a different rule prescribed by statute, contract, or other regulation, an
indebtedness is considered delinquent if not paid by the individual by the date due specified in the
notice of indebtedness, unless satisfactory arrangements are made by such date.
</p>
<p>(g) Notification shall be considered sufficient when effected by ordinary mail, addressed to the
last known address, and such notice is not returned as undeliverable by postal authorities.
</p>
<p>(h) The Privacy Act (5 U.S.C. 552a) does not apply to any contract between the Department of
Veterans Affairs and a consumer reporting agency, nor does it apply to a consumer reporting agency
and its employees. See 38 U.S.C. 5701(i). This paragraph does not relieve the Department of Veterans
Affairs of its obligation to comply with the Privacy Act.
</p>
<p>(i) The term "consumer reporting agency" means any person or agency which, for monetary fees,
dues, or on a cooperative nonprofit basis, regularly engages in whole or in part in the practice of
assembling or evaluating consumer credit information or other information on consumers for the
purpose of furnishing consumer reports to third parties or to other consumer reporting agencies. The
term "consumer reporting agency" shall also mean any person or agency which serves as a marketing
agent under arrangements enabling third parties to obtain such information from consumer reporting
agencies, or which obtain such information for the purpose of furnishing it to consumer reporting
agencies.
</p>
<p>(Authority: 31 U.S.C. 3711(e); 38 U.S.C. 501, 5701(g) and (i)).
</p>
<p>[46 FR 62058, Dec. 22, 1981, as amended at 52 FR 42107, Nov. 3, 1987. Redesignated and amended at
69 FR 62195, Oct. 25, 2004]
</p>
<p><b>&#167; 1.917
 Contracting for collection services.
</b></p>
<p>(a) VA has authority to contract for collection services to recover delinquent debts,
provided that:
</p>
<p>(1) The authority to resolve disputes, compromise claims, suspend or terminate collection and
refer the matter for litigation shall be retained by VA;
</p>
<p>(2) The contractor shall be subject to 38 U.S.C. 5701, and to the Privacy Act of 1974, as
amended, to the extent specified in 5 U.S.C. 552a(m), and to applicable Federal and State laws and
regulations pertaining to debt collection practices, such as the Fair Debt Collection Practices Act,
15 U.S.C. 1692 <i>et seq.</i>
</p>
<p>(3) The contractor shall be required to strictly account for all amounts collected;
</p>
<p>(4) Upon returning an account to VA for subsequent referral to the Department of Justice for
litigation, the contractor must agree to provide any data contained in its files relating to
&#167; 1.951.
</p>
<p>(b) In accordance with 31 U.S.C. 3718(d), or as otherwise permitted by law, collection service
contracts may be funded in the following manner:
</p>
<p>(1) VA may fund a collection service contract on a fixed-fee basis (i.e., payment of a fixed fee
determined without regard to the amount actually collected under the contract). Payment of the fee
under this type of contract must be charged to available appropriations;
</p>
<p>(2) VA may also fund a collection service contract on a contingent-fee basis (i.e., by including
a provision in the contract permitting the contractor to deduct its fee from amounts collected under
the contract). The fee should be based upon a percentage of the amount collected, consistent with
prevailing commercial practice;
</p>
<p>(3) VA may enter into a contract under paragraph (b)(1) of this section only if and to the extent
that funding for the contract is provided for in advance by an appropriation act or other
legislation, except that this requirement does not apply to the use of a revolving fund authorized
by statute;
</p>
<p>(4) Except as authorized under paragraphs (b)(2) and (b)(5) of this section, or unless otherwise
specifically provided by law, VA shall deposit all amounts recovered under collection service
contracts for Loan Guaranty debts into the Loan Guaranty Revolving Fund, and for all other debts in
the Treasury as miscellaneous receipts pursuant to 31 U.S.C. 3302.
</p>
<p>(5) For benefit overpayments recovered under collection service contract, VA, pursuant to 31
U.S.C. 3302, shall deposit:
</p>
<p>(i) Amounts equal to the original overpayments in the appropriations account from which the
overpayments were made, and
</p>
<p>(ii) Amount of interest or administrative costs in the Treasury as miscellaneous receipts.
</p>
<p>(c) VA shall use government-wide debt collection contracts to obtain debt collection services
provided by private collection contractors. However, VA may refer debts to private collection
contractors pursuant to a contract between VA and a private collection contractor only if such debts
are not subject to the requirement to transfer debts to Treasury for debt collection. See 31 U.S.C.
3711(g), 31 CFR 285.12(e), and 38 CFR 1.910.
</p>
<p>(d) VA may enter into contracts for locating and recovering assets of the United States, such as
unclaimed assets.
</p>
<p>(e) VA may enter into contracts for debtor asset and income search reports. In accordance with 31
U.S.C. 3718(d), such contracts may provide that the fee a contractor charges the agency for such
services may be payable from the amounts recovered, unless otherwise prohibited by statute.

</p>
<p>(Authority: 31 U.S.C. 3718; 38 U.S.C. 501).
</p>
<p>[52 FR 42107, Nov. 3, 1987. Redesignated and amended at 69 FR 62195, Oct. 25, 2004]
</p>
<p><b>&#167; 1.918
 Use and disclosure of mailing addresses.
</b></p>
<p>(a) When attempting to locate a debtor in order to compromise or collect a debt in
accordance with &#167;&#167; 1.900 through 1.953, VA may send a request to the Secretary of the
Treasury, or his/her designee, in order to obtain the debtor's most current mailing address from the
records of the Internal Revenue Service.
</p>
<p>(b) VA is authorized to use mailing addresses obtained under paragraph (a) of this section to
enforce collection of a delinquent debt and may disclose such mailing addresses to other agencies
and to collection agencies for collection purposes.
</p>
<p>(Authority: 31 U.S.C. 3711; 38 U.S.C. 501).
</p>
<p>[52 FR 42108, Nov. 3, 1987. Redesignated and amended at 69 FR 62196, Oct. 25, 2004]
</p>
<p><b>&#167; 1.919
 Administrative offset against amounts payable from Civil Service Retirement and Disability Fund,
 Federal Employees Retirement System (FERS), final salary check, and lump sum leave payments.
</b></p>
<p>(a) Unless otherwise prohibited by law or regulation, and in accordance with 31 CFR
901.3(d), VA may request that money which is due and payable to a debtor from either the Civil
Service Retirement and Disability Fund or FERS be administratively offset in reasonable amounts in
order to collect, in one full payment or a minimal number of payments, debts that are owed to VA by
the debtor. Such requests shall be made to the appropriate officials at the Office of Personnel
Management (OPM) in accordance with such regulations prescribed by the Director of OPM. (See 5 CFR
831.1801 through 831.1808). In addition, VA may also offset against a Federal employee's final
salary check and lump sum leave payment. See &#167; 1.912 for procedures for offset against a
final salary check and lump sum leave payment.
</p>
<p>(b) When making a request to the Office of Personnel Management for administrative offset under
paragraph (a) of this section, VA shall include a written certification that:
</p>
<p>(1) The debtor owes VA a debt, including the amount of the debt;
</p>
<p>(2) VA has complied with the applicable statutes, regulations, and procedures of the Office of
Personnel Management; and
</p>
<p>(3) VA has complied with &#167;&#167; 1.911, 1.911a, 1.912, 1.912a, and 31 CFR 901.3, to the
extent applicable, including any required hearing or review.
</p>
<p>(c) Once VA decides to request administrative offset from the Civil Service Retirement and
Disability Fund or Federal Employees Retirement System (FERS) under paragraph (a) of this section,
it shall make the request as soon as possible after completion of the applicable procedures in order
that the Office of Personnel Management may identify the debtor's account in anticipation of the
time when the debtor requests or becomes eligible to receive payments from the Fund or FERS. This
will satisfy any requirement that offset be initiated prior to expiration of the applicable statutes
of limitations. At such time as the debtor makes a claim for payments from the Fund or FERS, if at
least a year has elapsed since the offset request was originally made, the debtor should be
permitted to offer a satisfactory repayment plan in lieu of offset upon establishing that such
offset will create financial hardship.
</p>
<p>(d) If VA collects all or part of the debt by other means before deductions are made or completed
in accordance with paragraph (a) of this section, VA shall promptly act to modify or terminate its
request for offset under paragraph (a) of this section.
</p>
<p>(e) The Office of Personnel Management is neither required nor authorized by this section to
review the merits of VA's determination with respect to the amount and validity of the debt waiver
under 5 U.S.C. 5584 or 38 U.S.C. 5302, or providing or not providing an oral hearing.
</p>
<p>(Authority: 5 U.S.C. 8461; 31 U.S.C. 3711, 3716; 38 U.S.C. 501).
</p>
<p>[52 FR 42108, Nov. 3, 1987. Redesignated and amended at 69 FR 62196, Oct. 25, 2004]
</p>
<p><b>&#167; 1.920
 Referral of VA debts.
</b></p>
<p>(a) When authorized, VA may refer an uncollectible debt to another Federal or State agency
for the purpose of collection action. Collection action may include the offsetting of the debt from
any current or future payment, except salary (see paragraph (e) of this section), made by such
Federal or State agency to the person indebted to VA.
</p>
<p>(b) VA must certify in writing that the individual owes the debt, the amount and basis of the
debt, the date on which payment became due, and the date VA's right to collect the debt first
accrued.
</p>
<p>(c) This certification will also state that VA provided the debtor with written notice of:
</p>
<p>(1) The nature and amount of the debt;
</p>
<p>(2) VA's intention to pursue collection by offset procedures;
</p>
<p>(3) The opportunity to inspect and copy VA records pertaining to the debt;
</p>
<p>(4) The right to contest both the existence and amount of the debt and to request a waiver of
collection of the debt (if applicable), as well as the right to a hearing on both matters;
</p>
<p>(5) The opportunity to enter into a written agreement with VA for the repayment of the debt; and
</p>
<p>(6) Other applicable notices required by &#167;&#167; 1.911, 1.911a, 1.912, and 1.912a.
</p>
<p>(d) The written certification required by paragraphs (b) and (c) of this section will also
contain (for all debts) a listing of all actions taken by both VA and the debtor subsequent to the
notice, as well as the dates of such actions.
</p>
<p>(e) The referral by VA of a VA debt to another agency for the purpose of salary offset shall be
done in accordance with 38 CFR 1.980 through 1.995 and regulations prescribed by the Director of the
Office of Personnel Management (OPM) in 5 CFR part 550, subpart K.

</p>
<p>(Authority: 31 U.S.C. 3711; 38 U.S.C. 501).
</p>
<p>[52 FR 42108, Nov. 3, 1987. Redesignated and amended at 69 FR 62196, Oct. 25, 2004]
</p>
<p><b>&#167; 1.921
 Analysis of costs.
</b></p>
<p>VA collection procedures should provide for periodic comparison of costs incurred and
amounts collected. Data on costs and corresponding recovery rates for debts of different types and
in various dollar ranges should be used to compare the cost effectiveness of alternative collection
techniques, establish guidelines with respect to points at which costs of further collection efforts
are likely to exceed recoveries, assist in evaluating offers in compromise, and establish minimum
debt amounts below which collection efforts need not be taken.

</p>
<p>(Authority: 31 U.S.C. 3711-3719; 38 U.S.C. 501).
</p>
<p>[69 FR 62196, Oct. 25, 2004]
</p>
<p><b>&#167; 1.922
 Exemptions.
</b></p>
<p>(a) Sections 1.900 through 1.953, to the extent they reflect remedies or procedures
prescribed by the Debt Collection Act of 1982 and the Debt Collection Improvement Act of 1996, such
as administrative offset, use of credit bureaus, contracting for collection agencies, and interest
and related charges, do not apply to debts arising under, or payments made under, the Internal
Revenue Code of 1986, as amended (26 U.S.C. 1 <i>et seq.</i>); the Social Security Act (42 U.S.C.
301 <i>et seq.</i>), except to the extent provided under 42 U.S.C. 404 and 31 U.S.C. 3716(c); or the
tariff laws of the United States. These remedies and procedures, however, may be authorized with
respect to debts that are exempt from the Debt Collection Act of 1982 and the DCIA of 1996, to the
extent that they are authorized under some other statute or the common law.
</p>
<p>(b) This section should not be construed as prohibiting the use of &#167;&#167; 1.900
through 1.953 when collecting debts owed by persons employed by agencies administering the laws
cited in paragraph (a) of this section unless the debt arose under those laws.

</p>
<p>(Authority: 31 U.S.C. 3711; 38 U.S.C. 501).
</p>
<p>[69 FR 62196, Oct. 25, 2004]
</p>
<p><b>&#167; 1.923
 Administrative wage garnishment.
</b></p>
<p>(a) In accordance with the procedures set forth in 31 U.S.C. 3720D and 31 CFR 285.11, VA or
Treasury may request that a non-Federal employer garnish the disposable pay of an individual to
collect delinquent non-tax debt owed to VA. VA may pursue wage garnishment independently in
accordance with this section or VA or Treasury may pursue garnishment after VA refers a debt to
Treasury in accordance with &#167; 1.910 of this part and 31 CFR 285.12. For the purposes of
this section, any reference to Treasury also includes any private collection agency under contract
to Treasury.
</p>
<p>(b) At least 30 days prior to the initiation of garnishment proceedings, VA or Treasury shall
send a written notice, as described in 31 CFR 285.11(e), by first class mail to the debtor's last
known address. This notice shall inform the debtor of:
</p>
<p>(1) The nature and amount of the debt;
</p>
<p>(2) The intention of VA or Treasury to initiate proceedings to collect the debt through
deductions from the debtor's pay until the debt and all accumulated interest, and other late payment
charges, are paid in full, and;
</p>
<p>(3) An explanation of the debtor's rights, including the opportunity:
</p>
<p>(i) To inspect and copy VA records pertaining to the debt;
</p>
<p>(ii) To enter into a written repayment agreement with VA or Treasury under terms agreeable to VA
or Treasury, and;
</p>
<p>(iii) To a hearing in accordance with 31 CFR 285.11(f) and paragraph (c) of this section
concerning the existence or amount of the debt or the terms of the proposed repayment schedule under
the garnishment order. However, the debtor is not entitled to a hearing concerning the terms of the
proposed repayment schedule if these terms have been established by written agreement under
paragraph (b)(3)(ii) of this section.
</p>
<p>(c) Any hearing conducted as part of the administrative wage garnishment process shall be
conducted by the designated hearing official in accordance with the procedures set forth in 31 CFR
285.11(f). This hearing official may be any VA hearing official. This hearing official may also
conduct administrative wage garnishment hearings for other Federal agencies.
</p>
<p>(1) The hearing may be oral or written as determined by the designated hearing official. The
hearing official shall provide the debtor with a reasonable opportunity for an oral hearing when the
hearing official determines that the issue in dispute cannot be resolved by review of documentary
evidence, for example, when the validity of the claim turns on the issue of credibility or veracity.
The hearing official shall establish the time and place of any oral hearing. At the debtor's option,
an oral hearing may be conducted either in person or by telephone conference call. A hearing is not
required to be a formal, evidentiary-type hearing, but witnesses who testify in oral hearings must
do so under oath or affirmation. While it is not necessary to produce a transcript of the hearing,
the hearing official must maintain a summary record of the proceedings. All travel expenses incurred
by the debtor in connection with an in-person hearing shall be borne by the debtor. VA or Treasury
shall be responsible for all telephone expenses. In the absence of good cause shown, a debtor who
fails to appear at a hearing will be deemed as not having timely filed a request for a hearing.
</p>
<p>(2) If the hearing official determines that an oral hearing is not necessary, then he/she shall
afford the debtor a "paper hearing." In a "paper hearing," the hearing official will decide the
issues in dispute based upon a review of the written record.
</p>
<p>(3) If the debtor's written request for a hearing is received by either VA or Treasury within 15
business days following the mailing of the notice described in paragraph (b) of this section, then
VA or Treasury shall not issue a withholding order as described in paragraph (d) of this section
until the debtor is afforded the requested hearing and a decision rendered. If the debtor's written
request for a hearing is not received within 15 business days following the mailing of the notice
described in paragraph (b) of this section, then the hearing official shall provide a hearing to the
debtor, but will not delay issuance of a withholding order as described in paragraph (d) of this
section, unless the hearing official determines that the delay in filing was caused by factors
beyond the debtor's control.
</p>
<p>(4) The hearing official shall notify the debtor of:
</p>
<p>(i) The date and time of a telephone conference hearing;
</p>
<p>(ii) The date, time, and location of an in-person oral hearing, or;
</p>
<p>(iii) The deadline for the submission of evidence for a written hearing.
</p>
<p>(5) Except as provided in paragraph (c)(6)of this section, VA or Treasury shall have the burden
of going forward to prove the existence or amount of the debt, after which the debtor must show, by
a preponderance of the evidence, that no debt exists or that the amount of the debt is incorrect. In
general, this means that the debtor must show that it is more likely than not that a debt does not
exist or that the amount of the debt is incorrect. The debtor may also present evidence that terms
of the repayment agreement are unlawful, would cause a financial hardship, or that collection of the
debt may not be pursued due to operation of law.
</p>
<p>(6) If the debtor has previously contested the existence and/or amount of the debt in accordance
with &#167; 1.911(c)(1) or &#167; 1.911a(c)(1) and VA subsequently rendered a decision
upholding the existence or amount of the debt, then such decision shall be incorporated by reference
and become the basis of the hearing official's decision on such matters.
</p>
<p>(7) The hearing official shall issue a written decision as soon as practicable, but not later
than 60 days after the date on which the request for such hearing was received by VA or Treasury.
The decision will be the final action for the purposes of judicial review under the Administrative
Procedure Act (5 U.S.C. 701 <i>et seq.</i>). The decision shall include:
</p>
<p>(i) A summary of the facts presented;
</p>
<p>(ii) The hearing official's findings, analysis, and conclusions, and;
</p>
<p>(iii) The terms of the repayment schedule, if applicable.
</p>
<p>(d) In accordance with 31 CFR 285.11(g) and (h), VA or Treasury shall send a Treasury-approved
withholding order and certification form by first class mail to the debtor's employer within 30 days
after the debtor fails to make a timely request for a hearing. If a timely request for a hearing has
been filed by the debtor, then VA or Treasury shall send a withholding order and certification form
by first class mail to the debtor's employer within 30 days after a final decision is made to
proceed with the garnishment. The employer shall complete and return the certification form as
described in 31 CFR 285.11(h).
</p>
<p>(e) After receipt of the garnishment order, the employer shall withhold the amount of garnishment
as described in 31 CFR 285.11(i) from all disposable pay payable to the applicable debtor during
each pay period.
</p>
<p>(f) A debtor whose wages are subject to a wage withholding order under 31 CFR 285.11 may request
a review, under the procedures set forth in 31 CFR 285.11(k), of the amount garnished. A request for
review shall only be considered after garnishment has been initiated. The request must be based on
materially changed circumstances such as disability, divorce, or catastrophic illness which result
in financial hardship that limit the debtor's ability to provide food, housing, clothing,
transportation, and medical care for himself/herself and his/her dependents.

</p>
<p>(Authority: 31 U.S.C. 3720D; 38 U.S.C. 501; 31 CFR 285.11).
</p>
<p>[69 FR 62196, Oct. 25, 2004, as amended at 72 FR 65462, Nov. 21, 2007]
</p>
<p><b>&#167; 1.924
 Suspension or revocation of eligibility for federal loans, loan insurance, loan guarantees,
 licenses, permits, or privileges.
</b></p>
<p>(a) In accordance with 31 U.S.C. 3720B and the procedures set forth in 31 CFR 285.13 and
&#167; 901.6, a person owing an outstanding non-tax debt that is in delinquent status shall not
be eligible for Federal financial assistance unless exempted under paragraph (d) of this section or
waived under paragraph (e) of this section.
</p>
<p>(b) Federal financial assistance or financial assistance means any Federal loan (other than a
disaster loan), loan insurance, or loan guarantee.
</p>
<p>(c) For the purposes of this section only, a debt is in a delinquent status if the debt has not
been paid within 90 days of the payment due date or by the end of any grace period provided by
statute, regulation, contract, or agreement. The payment due date is the date specified in the
initial written demand for payment. Further guidance concerning the delinquent status of a debt may
be found at 31 CFR 285.13(d).
</p>
<p>(d) Upon the written request and recommendation of the Secretary of Veterans Affairs, the
Secretary of the Treasury may grant exemptions from the provisions of this section. The standards
for exemptions granted for classes of debts are set forth in 31 CFR 285.13(f).
</p>
<p>(e)(1) VA's Chief Financial Officer or Deputy Chief Financial Officer may waive the provisions of
paragraph (a) of this section only on a person-by-person basis.
</p>
<p>(2) The Chief Financial Officer or Deputy Chief Financial Officer should balance the following
factors when deciding whether to grant a waiver:
</p>
<p>(i) Whether the denial of the financial assistance to the person would tend to interfere
substantially with or defeat the purposes of the financial assistance program or otherwise would not
be in the best interests of the Federal government; and
</p>
<p>(ii) Whether the granting of the financial assistance to the person is contrary to the
government's goal of reducing losses by requiring proper screening of potential borrowers.
</p>
<p>(3) When balancing the factors described in paragraph (e)(2)(i) and (e)(2)(ii) of this section,
the Chief Financial Officer or Deputy Chief Financial Officer should consider:
</p>
<p>(i) The age, amount, and cause(s) of the delinquency and the likelihood that the person will
resolve the delinquent debt; and
</p>
<p>(ii) The amount of the total debt, delinquent or otherwise, owed by the person and the person's
credit history with respect to repayment of debt.
</p>
<p>(4) A centralized record shall be retained of the number and type of waivers granted under this
section.
</p>
<p>(f) In non-bankruptcy cases, in seeking the collection of statutory penalties, forfeitures, or
other similar types of claims, VA may suspend or revoke any license, permit, or other privilege
granted a debtor when the debtor inexcusably or willfully fails to pay such a debt. The debtor
should be advised in VA's written demand for payment of VA's ability to suspend or revoke licenses,
permits, or privileges. VA may suspend or disqualify any lender, contractor, or broker who is
engaged in making, guaranteeing, insuring, acquiring, or participating in loans from doing further
business with VA or engaging in programs sponsored by VA if such lender, contractor, or broker fails
to pay its debts to the Government within a reasonable time, or if such lender, contractor, or
broker has been suspended, debarred, or disqualified from participation in a program or activity by
another Federal agency. The failure of any surety to honor its obligations in accordance with 31
U.S.C. 9305 should be reported to Treasury.
</p>
<p>(g) In bankruptcy cases, before advising the debtor of the intention to suspend or revoke
licenses, permits, or privileges, VA should seek legal advice from VA's General Counsel or Regional
Counsel concerning the impact of the Bankruptcy Code, particularly 11 U.S.C. 362 and 525, which may
restrict such action.

</p>
<p>(Authority: 31 U.S.C. 3720B; 38 U.S.C. 501).
</p>
<p>[69 FR 62197, Oct. 25, 2004]
</p>
<p><b>&#167; 1.929
 Reduction of debt through performance of work-study services.
</b></p>
<p>(a) <i>Scope.</i> (1) Subject to the provisions of this section VA may allow an individual
to reduce an indebtedness to the United States through offset of benefits to which the individual
becomes entitled by performance of work-study services under 38 U.S.C. 3485 and 3537 when the debt
arose by virtue of the individual's participation in a benefits program provided under any of the
following:
</p>
<p>(i) 38 U.S.C. chapter 30;
</p>
<p>(ii) 38 U.S.C. chapter 31;
</p>
<p>(iii) 38 U.S.C. chapter 32;
</p>
<p>(iv) 38 U.S.C. chapter 34;
</p>
<p>(v) 38 U.S.C. chapter 35;
</p>
<p>(vi) 38 U.S.C. chapter 36 (other than an education loan provided under subpart F, part 21 of this
title); or
</p>
<p>(vii) 10 U.S.C. chapter 1606 (other than an indebtedness arising from a refund penalty imposed
under 10 U.S.C. 16135).
</p>
<p>(2) This section shall not apply in any case in which the individual has a pending request for
waiver of the debt under &#167;&#167; 1.950 through 1.970.

</p><p>(Authority: 38 U.S.C. 3485(e)(1); Pub. L. 102-16)

</p>
<p>(b) <i>Selection criteria.</i> (1) If there are more candidates for a work-study allowance than
there are work-study positions available in the area in which the services are to be performed, VA
will give priority to the candidates who are pursuing a program of education or rehabilitation.
</p>
<p>(2) Only after all candidates in the area described in paragraph (b)(1) of this section either
have been given work-study contracts or have withdrawn their request for contracts will VA offer
contracts to those who are not pursuing a program of education or rehabilitation and who wish to
reduce their indebtedness through performance of work-study services.
</p>
<p>(3) VA shall not offer a contract to an individual who is receiving compensation from another
source for the work-study services the individual wishes to perform.
</p>
<p>(4) VA shall not offer a contract to an individual if VA determines that the debt can be
collected through other means such as collection in a lump sum, collection in installments as
provided in &#167; 1.917 or compromise as provided in &#167; 1.918.

</p><p>(Authority: 38 U.S.C. 3485(e); Pub. L. 102-16)

</p>
<p>(c) <i>Utilization.</i> The work-study services to be performed under a debt-liquidation contract
will be limited as follows:
</p>
<p>(1) If the individual is concurrently receiving educational assistance in a program administered
by VA, work-study services are limited to those allowed in the educational program under which the
individual is receiving benefits.
</p>
<p>(2) If the individual is not concurrently receiving educational assistance in a program
administered by VA, the individual may perform only those work-study services and activities which
are or were open to those students receiving a work-study allowance while pursuing a program of
education pursuant to the chapter under which the debt was incurred.

</p><p>(Authority: 38 U.S.C. 3485(e); Pub. L. 102-16)

</p>
<p>(d) <i>Contract to perform services.</i> (1) The work-study services performed to reduce
indebtedness shall be performed pursuant to a contract between the individual and VA.
</p>
<p>(2) The individual shall perform the work-study services required by the contract at the place or
places designated by VA.
</p>
<p>(3) The number of hours of services to be performed under the contract must be sufficient to
enable the individual to become entitled to a sum large enough to liquidate the debt by offset.
</p>
<p>(4) The number of weeks in the contract will not exceed the lesser of--
</p>
<p>(i) The number of weeks of services the individual needs to perform to liquidate his or her debt;
or
</p>
<p>(ii) 52.
</p>
<p>(5) In determining the number of hours per week and the number of weeks under paragraphs (d)(3)
and (d)(4) of this section necessary to liquidate the debt, VA will use the amount of the account
receivable, including all accrued interest, administrative costs and marshall fees outstanding on
the date the contract is offered to the individual and all accrued interest, administrative costs
and marshall fees VA estimates will have become outstanding on the debt on the date the debt is to
be liquidated.
</p>
<p>(6) The contract will automatically terminate after the total amount of the individual's
indebtedness described in paragraph (d)(5) of this section has been recouped, waived, or otherwise
liquidated. An individual performing work-study services under a contract to liquidate a debt is
released from the contract if the debt is liquidated by other means.
</p>
<p>(7) The contract to perform work-study services for the purpose of liquidating indebtedness will
be terminated if:
</p>
<p>(i) The individual is liquidating his or her debt under this section while receiving either an
educational assistance allowance for further pursuit of a program of education or a subsistence
allowance for further pursuit of a program of rehabilitation;
</p>
<p>(ii) The individual terminates or reduces the rate of pursuit of his or her program of education
or rehabilitation; and
</p>
<p>(iii) The termination or reduction causes an account receivable as a debt owed by the individual.
</p>
<p>(8) VA may terminate the contract at any time the individual fails to perform the services
required by the contract in a satisfactory manner.

</p><p>(Authority: 38 U.S.C. 3485(e), 7104(a); Pub. L. 102-16)

</p>
<p>(e) <i>Reduction of indebtedness.</i> (1) In return for the individual's agreement to perform
hours of services totaling not more than 40 times the number of weeks in the contract, VA will
reduce the eligible person's outstanding indebtedness by an amount equal to the higher of--
</p>
<p>(i) The hourly minimum wage in effect under section 6(a) of the Fair Labor Standards Act of 1938
times the number of hours the individual works; or
</p>
<p>(ii) The hourly minimum wage under comparable law of the State in which the services are
performed times the number of hours the individual works.
</p>
<p>(2) VA will reduce the individual's debt by the amount of the money earned for the performance of
work-study services after the completion of each 50 hours of services (or in the case of any
remaining hours required by the contract, the amount for those hours).

</p><p>(Authority: 38 U.S.C. 3485(e); Pub. L. 102-16)

</p>
<p>(f) <i>Suspension of collections by offset.</i> Notwithstanding the provisions of &#167; 
1.912a, during the period covered by the work-study debt-liquidation contract with the individual,
VA will ordinarily suspend the collection by offset of a debt described in paragraph (a)(1) of this
section. However, the individual may voluntarily permit VA to collect part of the debt through
offset against other benefits payable while the individual is performing work-study services. If the
contract is terminated before its scheduled completion date, and the debt has not been liquidated,
collection through offset against other benefits payable will resume on the date the contract
terminates.

</p><p>(Authority: 38 U.S.C. 3485(e); Pub. L. 102-16)

</p>
<p>(g) <i>Payment for additional hours.</i> (1) If an individual, without fault on his or her part,
performs work-study services for which payment may not be authorized, including services performed
after termination of the contract, VA will pay the individual at the applicable hourly minimum wage
for such services as the Director of the VA field station of jurisdiction determines were
satisfactorily performed.
</p>
<p>(2) The Director of the VA field station of jurisdiction shall determine whether the individual
was without fault. In making this decision he or she shall consider all evidence of record and any
additional evidence which the individual wishes to submit.
</p>
<p>(Authority: 38 U.S.C. 3485(e); Pub. L. 102-16)
</p>
<p>[62 FR 15401, Apr. 1, 1997]</p>
<p><b>Standards for Compromise of Claims
</b></p>
<p><b>Authority:</b> Sections 1.900 through 1.953 are issued under the authority of 31 U.S.C.
3711 through 3720E; 38 U.S.C. 501, and as noted in specific sections.
</p>
<p><b>Source:</b> 32 FR 2614, Feb. 8, 1967, unless otherwise noted.
</p>
<p><b>&#167; 1.930
 Scope and application.
</b></p>
<p>(a) The standards set forth in &#167;&#167; 1.930 through 1.936 of this part apply to
the compromise of debts pursuant to 31 U.S.C. 3711. VA may exercise such compromise authority when
the amount of the debt due, exclusive of interest, penalties, and administrative costs, does not
exceed $100,000 or any higher amount authorized by the Attorney General.
</p>
<p>(b) Unless otherwise provided by law, when the principal balance of a debt, exclusive of
interest, penalties, and administrative costs, exceeds $100,000 or any higher amount authorized by
the Attorney General, the authority to accept the compromise rests with the Department of Justice
(DOJ). If VA receives an offer to compromise any debt in excess of $100,000, VA should evaluate the
compromise offer using the same factors as set forth in &#167; 1.931 of this part. If VA
believes the offer has merit, it shall refer the debt to the Civil Division or other appropriate
division in DOJ using a Claims Collection Litigation Report (CCLR). The referral shall include
appropriate financial information and a recommendation for the acceptance of the compromise offer.
DOJ approval is not required if VA decides to reject a compromise offer.
</p>
<p>(c) The $100,000 limit in paragraph (b) of this section does not apply to debts that arise out of
participation in a VA loan program under Chapter 37 of Title 38 of the U.S. Code. VA has unlimited
authority to compromise debts arising out of participation in a Chapter 37 loan program, regardless
of the amount of the debt.

</p>
<p>(Authority: 31 U.S.C. 3711; 38 U.S.C 501, 3720).
</p>
<p>[69 FR 62198, Oct. 25, 2004]
</p>
<p><b>&#167; 1.931
 Bases for compromise.
</b></p>
<p>(a) VA may compromise a debt if it cannot collect the full amount because:
</p>
<p>(1) The debtor is unable to pay the full amount in a reasonable time, as verified through credit
reports or other financial information;
</p>
<p>(2) VA is unable to collect the debt in full within a reasonable time by enforced collection
proceedings;
</p>
<p>(3) The cost of collecting the debt does not justify the enforced collection of the full amount;
or
</p>
<p>(4) There is significant doubt concerning VA's ability to prove its case in court.
</p>
<p>(b) In determining the debtor's inability to pay, VA will consider relevant factors such as the
following:
</p>
<p>(1) Age and health of the debtor;
</p>
<p>(2) Present and potential income;
</p>
<p>(3) Inheritance prospects;
</p>
<p>(4) The possibility that assets have been concealed or improperly transferred by the debtor; and
</p>
<p>(5) The availability of assets or income that may be realized by enforced collection proceedings.
</p>
<p>(c) VA will verify the debtor's claim of inability to pay by using a credit report and other
financial information as provided in paragraph (g) of this section. VA should consider the
applicable exemptions available to the debtor under State and Federal law in determining the ability
to enforce collection. VA also may consider uncertainty as to the price that collateral or other
property will bring at a forced sale in determining the ability to enforce collection. A compromise
effected under this section should be for an amount that bears a reasonable relation to the amount
that can be recovered by enforced collection procedures, with regard to the exemptions available to
the debtor and the time that collection will take.
</p>
<p>(d) If there is significant doubt concerning VA's ability to prove its case in court for the full
amount claimed, either because of the legal issues involved or because of a bona fide dispute as to
the facts, then the amount accepted in compromise of such cases should fairly reflect the
probabilities of successful prosecution to judgment, with due regard given to the availability of
witnesses and other evidentiary support for VA's claim. In determining the risks involved in
litigation, VA will consider the probable amount of court costs and attorney fees pursuant to the
Equal Access to Justice Act, 28 U.S.C. 2412, that may be imposed against the Government if it is
unsuccessful in litigation.
</p>
<p>(e) VA may compromise a debt if the cost of collecting the debt does not justify the enforced
collection of the full amount. The amount accepted in compromise in such cases may reflect an
appropriate discount for the administrative and litigative costs of collection, with consideration
given to the time it will take to effect collection. Collection costs may be a substantial factor in
the settlement of small debts. In determining whether the cost of collecting justifies enforced
collection of the full amount, VA will consider whether continued collection of the debt, regardless
of cost, is necessary to further an enforcement principle.
</p>
<p>(f) VA generally will not accept compromises payable in installments. If, however, payment of a
compromise in installments is necessary, VA will obtain a legally enforceable written agreement
providing that, in the event of default, the full original principal balance of the debt prior to
compromise, less sums paid thereon, is reinstated. Whenever possible, VA will also obtain security
for repayment.
</p>
<p>(g) To assess the merits of a compromise offer based in whole or in part on the debtor's
inability to pay the full amount of a debt within a reasonable time, VA will obtain a current
financial statement from the debtor showing the debtor's assets, liabilities, income, and expenses.
Agencies also may obtain credit reports or other financial information to assess compromise offers.

</p>
<p>(Authority: 31 U.S.C. 3711; 38 U.S.C. 501, 3720).
</p>
<p>[69 FR 62198, Oct. 25, 2004]
</p>
<p><b>&#167; 1.932
 Enforcement policy.
</b></p>
<p>VA may compromise statutory penalties, forfeitures, or claims established as an aid to
enforcement and to compel compliance, if VA's enforcement policy in terms of deterrence and securing
compliance, present and future, will be adequately served by VA's acceptance of the sum to be agreed
upon.

</p>
<p>(Authority: 31 U.S.C. 3711; 38 U.S.C. 501, 3720).
</p>
<p>[69 FR 62198, Oct. 25, 2004]
</p>
<p><b>&#167; 1.933
 Joint and several liability.
</b></p>
<p>(a) When two or more debtors are jointly and severally liable, VA will pursue collection
activity against all debtors, as appropriate. VA will not attempt to allocate the burden of payment
between the debtors but should proceed to liquidate the indebtedness as quickly as possible.
</p>
<p>(b) VA will ensure that a compromise agreement with one debtor does not release VA's claim
against the remaining debtors. The amount of a compromise with one debtor shall not be considered a
precedent or binding in determining the amount that will be required from other debtors jointly and
severally liable on the claim.

</p>
<p>(Authority: 31 U.S.C. 3711; 38 U.S.C. 501, 3720).
</p>
<p>[69 FR 62198, Oct. 25, 2004]
</p>
<p><b>&#167; 1.934
 Further review of compromise offers.
</b></p>
<p>If VA is uncertain whether to accept a firm, written, substantive compromise offer on a debt
that is within its delegated compromise authority, it may refer the offer to VA General Counsel or
Regional Counsel or to the Civil Division or other appropriate division in the Department of Justice
(DOJ), using a Claims Collection Litigation Report (CCLR) accompanied by supporting data and
particulars concerning the debt. DOJ may act upon such an offer or return it to the agency with
instructions or advice.

</p>
<p>(Authority: 31 U.S.C. 3711; 38 U.S.C. 501, 3720).
</p>
<p>[69 FR 62198, Oct. 25, 2004]
</p>
<p><b>&#167; 1.935
 Consideration of tax consequences to the Government.
</b></p>
<p>In negotiating a compromise, VA will consider the tax consequences to the Government. In
particular, VA will consider requiring a waiver of tax-loss-carry-forward and tax-loss-carry-back
rights of the debtor.

</p>
<p>(Authority: 31 U.S.C. 3711; 38 U.S.C. 501, 3720).
</p>
<p>[69 FR 62198, Oct. 25, 2004]
</p>
<p><b>&#167; 1.936
 Mutual releases of the debtor and VA.
</b></p>
<p>In all appropriate instances, a compromise that is accepted by VA shall be implemented by
means of a mutual release, in which the debtor is released from further non-tax liability on the
compromised debt in consideration of payment in full of the compromise amount, and VA and its
officials, past and present, are released and discharged from any and all claims and causes of
action that the debtor may have arising from the same transaction. In the event a mutual release is
not executed when a debt is compromised, unless prohibited by law, the debtor is still deemed to
have waived any and all claims and causes of action against VA and its officials related to the
transaction giving rise to the compromised debt.

</p>
<p>(Authority: 31 U.S.C. 3711; 38 U.S.C. 501, 3720).
</p>
<p>[69 FR 62198, Oct. 25, 2004]</p>
<p><b>Standards for Suspending or Terminating Collection Action
</b></p>
<p><b>Authority:</b> Sections 1.900 through 1.953 are issued under the authority of 31 U.S.C.
3711 through 3720E; 38 U.S.C. 501, and as noted in specific sections.
</p>
<p><b>Source:</b> 32 FR 2615, Feb. 8, 1967, unless otherwise noted.
</p>
<p><b>&#167; 1.940
 Scope and application.
</b></p>
<p>(a) The standards set forth in &#167;&#167; 1.940 through 1.944 apply to the suspension
or termination of collection activity pursuant to 31 U.S.C. 3711 on debts that do not exceed
$100,000, or such other amount as the Attorney General may direct, exclusive of interest, penalties,
and administrative costs, after deducting the amount of partial payments or collections, if any.
Prior to referring a debt to the Department of Justice (DOJ) for litigation, VA may suspend or
terminate collection under this part with respect to the debt.
</p>
<p>(b) If, after deducting the amount of any partial payments or collections, the principal amount
of a debt exceeds $100,000, or such other amount as the Attorney General may direct, exclusive of
interest, penalties, and administrative costs, the authority to suspend or terminate rests solely
with DOJ. If VA believes that suspension or termination of any debt in excess of $100,000 may be
appropriate, it shall refer the debt to the Civil Division or other appropriate division in DOJ,
using the Claims Collection Litigation Report (CCLR). The referral should specify the reasons for
VA's recommendation. If, prior to referral to DOJ, VA determines that a debt is plainly erroneous or
clearly without legal merit, VA may terminate collection activity regardless of the amount involved
without obtaining DOJ concurrence.

</p>
<p>(Authority: 31 U.S.C. 3711; 38 U.S.C. 501).
</p>
<p>[69 FR 62199, Oct. 25, 2004]
</p>
<p><b>&#167; 1.941
 Suspension of collection activity.
</b></p>
<p>(a) VA may suspend collection activity on a debt when:
</p>
<p>(1) It cannot locate the debtor;
</p>
<p>(2) The debtor's financial condition is expected to improve; or
</p>
<p>(3) The debtor has requested a waiver or review of the debt.
</p>
<p>(b) Based on the current financial condition of the debtor, VA may suspend collection activity on
a debt when the debtor's future prospects justify retention of the debt for periodic review and
collection activity and:
</p>
<p>(1) The applicable statute of limitations has not expired; or
</p>
<p>(2) Future collection can be effected by administrative offset, notwithstanding the expiration of
the applicable statute of limitations for litigation of claims, and with due regard to the 10-year
limitation for administrative offset prescribed by 31 U.S.C. 3716(e)(1); or
</p>
<p>(3) The debtor agrees to pay interest on the amount of the debt on which collection will be
suspended, and such suspension is likely to enhance the debtor's ability to pay the full amount of
the principal of the debt with interest at a later date.
</p>
<p>(c) Collection action may also be suspended, in accordance with &#167;&#167; 1.911, 1.911a,
1.912, and 1.912a, pending VA action on requests for administrative review of the existence or
amount of the debt or a request for waiver of collection of the debt. However, collection action
will be resumed once VA issues an initial decision on the administrative review or waiver request.
</p>
<p>(d) When VA learns that a bankruptcy petition has been filed with respect to a debtor, in most
cases the collection activity on a debt must be suspended, pursuant to the provisions of 11 U.S.C.
362, 1201, and 1301, unless VA can clearly establish that the automatic stay does not apply, has
been lifted, or is no longer in effect. VA shall seek legal advice immediately from either the VA
General Counsel or Regional Counsel and, if legally permitted, take the necessary steps to ensure
that no funds or money are paid by VA to the debtor until relief from the automatic stay is
obtained.

</p>
<p>(Authority: 31 U.S.C. 3711; 38 U.S.C. 501).
</p>
<p>[69 FR 62199, Oct. 25, 2004]
</p>
<p><b>&#167; 1.942
 Termination of collection activity.
</b></p>
<p>Termination of collection activity involves a final determination. Collection activity may
be terminated on cases previously suspended. The Department of Veterans Affairs may terminate
collection activity and consider closing the agency file on a claim which meets any one of the
following standards:
</p>
<p>(a) <i>Inability to collect any substantial amount.</i> Collection action may be terminated on a
claim when it becomes clear that VA cannot collect or enforce collection of any significant amount
from the debtor, having due regard for the judicial remedies available to the agency, the debtor's
future financial prospects, and the exemptions available to the debtor under State and Federal law.
In determining the debtor's inability to pay, the following factors, among others, shall be
considered: Age and health of the debtor, present and potential income, inheritance prospects, the
possibility that assets have been concealed or improperly transferred by the debtor, the
availability of assets or income which may be realized by means of enforced collection proceedings.
</p>
<p>(b) <i>Inability to locate debtor.</i> The debtor cannot be located, no security remains to be
liquidated, the applicable statute of limitations has run, and the prospects of collecting by offset
are too remote.
</p>
<p>(c) <i>Death of debtor.</i> The debtor is determined to be deceased and the Government has no
prospect of collection from his/her estate.
</p>
<p>(d) <i>Cost will exceed recovery.</i> The cost of further collection effort is likely to exceed
the amount recoverable.
</p>
<p>(e) <i>Claim legally without merit.</i> Collection action should be terminated on a claim
whenever it is determined that the claim is legally without merit.
</p>
<p>(f) <i>Claim cannot be substantiated by evidence.</i> VA will terminate collection action on once
asserted claims because of lack of evidence or unavailability of witnesses only in cases where
efforts to induce voluntary payment are unsuccessful.
</p>
<p>(g) <i>Discharge in bankruptcy.</i> Generally, VA shall terminate collection activity on a debt
that has been discharged in bankruptcy, regardless of the amount. VA may continue collection
activity, subject to the provisions of the Bankruptcy Code, for any payments provided under a plan
of reorganization. Offset and recoupment rights may survive the discharge of the debtor in
bankruptcy and, under some circumstances, claims also may survive the discharge.
</p>
<p>(h) Before terminating collection activity, VA should have pursued all appropriate means of
collection and determined, based upon the results of the collection activity, that the debt is
uncollectible. Termination of collection activity ceases active collection of the debt. The
termination of collection activity does not preclude VA from retaining a record of the account for
purposes of:
</p>
<p>(1) Selling the debt, if the Secretary of the Treasury determines that such sale is in the best
interests of the United States;
</p>
<p>(2) Pursuing collection at a subsequent date in the event there is a change in the debtor's
status or a new collection tool becomes available;
</p>
<p>(3) Offsetting against future income or assets not available at the time of termination of
collection activity; or
</p>
<p>(4) Screening future applicants for prior indebtedness.

</p>
<p>(Authority: 31 U.S.C. 3711; 38 U.S.C. 501).
</p>
<p>[32 FR 2615, Feb. 8, 1967, as amended at 52 FR 42111, Nov. 3, 1987; 69 FR 62200, Oct. 25, 2004]
</p>
<p><b>&#167; 1.943
 Exception to termination.
</b></p>
<p>When a significant enforcement policy is involved, or recovery of a judgment is a
prerequisite to the imposition of administrative sanctions, VA may refer debts for litigation even
though termination of collection activity may otherwise be appropriate.

</p>
<p>(Authority: 31 U.S.C. 3711; 38 U.S.C. 501).
</p>
<p>[69 FR 62200, Oct. 25, 2004]
</p>
<p><b>&#167; 1.944
 Discharge of indebtedness; reporting requirements.
</b></p>
<p>(a) Before discharging a delinquent debt (also referred to as a close out of the debt), VA
shall take all appropriate steps to collect the debt in accordance with 31 U.S.C. 3711(g),
including, as applicable, administrative offset, tax refund offset, Federal salary offset, referral
to Treasury or Treasury-designated debt collection centers or private collection contractors, credit
bureau reporting, wage garnishment, litigation, and foreclosure. Discharge of indebtedness is
distinct from termination or suspension of collection activity under &#167;&#167; 1.940 through
1.943 and is governed by the Internal Revenue Code (see 26 U.S.C. 6050P). When collection action on
a debt is suspended or terminated, the debt remains delinquent and further collection action may be
pursued at a later date in accordance with the standards set forth in &#167;&#167; 1.900
through 1.953. When VA discharges a debt in full or in part, further collection action is
prohibited. Therefore, VA should make the determination that collection action is no longer
warranted before discharging a debt. Before discharging a debt, VA must terminate debt collection
action.
</p>
<p>(b) Upon discharge of an indebtedness, VA must report the discharge to the Internal Revenue
Service (IRS) in accordance with the requirements of 26 U.S.C. 6050P and 26 CFR 1.6050P-1. VA
may request Treasury or Treasury-designated debt collection centers to file such a discharge report
to the IRS on VA's behalf.
</p>
<p>(c) When discharging a debt, VA must request that any liens of record securing the debt be
released.
</p>
<p>(d) 31 U.S.C. 3711(i)(2) requires agencies to sell a delinquent nontax debt upon termination of
collection action if the Secretary of the Treasury determines such a sale is in the best interests
of the United States. Since the discharge of a debt precludes any further collection action
(including the sale of a delinquent debt), VA may not discharge a debt until the requirements of
&#167; 3711(i)(2) have been met.

</p>
<p>(Authority: 31 U.S.C. 3711; 38 U.S.C. 501).
</p>
<p>[69 FR 62200, Oct. 25, 2004]</p>
<p><b>Referrals to GAO, Department of Justice, or IRS
</b></p>
<p><b>Authority:</b> Sections 1.900 through 1.953 are issued under the authority of 31 U.S.C.
3711 through 3720E; 38 U.S.C. 501, and as noted in specific sections.
</p>
<p><b>Source:</b> 52 FR 42111, 42112, Nov. 3, 1987, unless otherwise noted.
</p>
<p><b>&#167; 1.950
 Prompt referral.
</b></p>
<p>(a) VA shall promptly refer debts to Department of Justice (DOJ) for litigation where
aggressive collection activity has been taken in accordance with &#167;&#167; 1.900 through
1.953, and such debts cannot be compromised, or on which collection activity cannot be suspended or
terminated, in accordance with &#167;&#167; 1.930 through 1.936 and &#167;&#167; 1.940
through 1.944. Debts for which the principal amount is over $1,000,000, or such other amount as the
Attorney General may direct, exclusive of interest and other late payment charges, shall be referred
to the Civil Division or other division responsible for litigating such debts at DOJ. Debts for
which the principal amount is $1,000,000, or less, or such other amount as the Attorney General may
direct, exclusive of interest or penalties, shall be referred to DOJ's Nationwide Central Intake
Facility as required by the Claims Collection Litigation Report (CCLR) instructions. Debts should be
referred as early as possible, consistent with aggressive agency collection activity and the
observance of the standards contained in &#167;&#167; 1.900 through 1.953, and, in any event,
well within the period for initiating timely lawsuits against the debtors. VA shall make every
effort to refer delinquent debts to DOJ for litigation within 1 year of the date such debts last
became delinquent. In the case of guaranteed or insured loans, VA should make every effort to refer
these delinquent debts to DOJ for litigation within 1 year from the date the loan was presented to
VA for payment or reinsurance.
</p>
<p>(b) DOJ has exclusive jurisdiction over the debts referred to it pursuant to this section. VA
shall immediately terminate the use of any administrative collection activities to collect a debt at
the time of the referral of that debt to DOJ. VA should advise DOJ of the collection activities that
have been utilized to date, and their result. VA shall refrain from having any contact with the
debtor and shall direct all debtor inquiries concerning the debt to DOJ. VA shall immediately notify
DOJ of any payments credited to the debtor's account after referral of a debt under this section.
DOJ shall notify VA, in a timely manner, of any payments it receives from the debtor.

</p>
<p>(Authority: 31 U.S.C. 3711; 38 U.S.C. 501).
</p>
<p>[69 FR 62200, Oct. 25, 2004]
</p>
<p><b>&#167; 1.951
 Claims Collection Litigation Report (CCLR).
</b></p>
<p>(a) Unless excepted by the Department of Justice (DOJ), VA shall complete the CCLR,
accompanied by a signed Certificate of Indebtedness, to refer all administratively uncollectible
claims to DOJ for litigation. VA shall complete all of the sections of the CCLR appropriate to each
claim as required by the CCLR instructions and furnish such other information as may be required in
specific cases.
</p>
<p>(b) VA shall indicate clearly on the CCLR the actions it wishes DOJ to take with respect to the
referred claim.
</p>
<p>(c) VA shall also use the CCLR to refer claims to DOJ to obtain approval of any proposals to
compromise the claims or to suspend or terminate agency collection activity.

</p>
<p>(Authority: 31 U.S.C. 3711; 38 U.S.C. 501).
</p>
<p>[69 FR 62200, Oct. 25, 2004]
</p>
<p><b>&#167; 1.952
 Preservation of evidence.
</b></p>
<p>VA must take care to preserve all files and records that may be needed by the Department of
Justice (DOJ) to prove its claims in court. VA ordinarily should include certified copies of the
documents that form the basis for the claim when referring such claims to DOJ for litigation. VA
shall provide originals of such documents immediately upon request by DOJ.

</p>
<p>(Authority: 31 U.S.C. 3711; 38 U.S.C. 501).
</p>
<p>[69 FR 62200, Oct. 25, 2004]
</p>
<p><b>&#167; 1.953
 Minimum amount of referrals to the Department of Justice.
</b></p>
<p>(a) Except as otherwise provided in paragraphs (b) and (c) of this section, VA shall not
refer for litigation claims of less than $2,500, exclusive of interest, penalties, and
administrative costs, or such other minimum amount as the Attorney General shall from time to time
prescribe. The Department of Justice (DOJ) shall promptly notify referring agencies if the Attorney
General changes this minimum amount.
</p>
<p>(b) VA shall not refer claims of less than the minimum amount prescribed by the Attorney General
unless:
</p>
<p>(1) Litigation to collect such smaller claims is important to ensure compliance with VA's
policies or programs;
</p>
<p>(2) The claim is being referred solely for the purpose of securing a judgment against the debtor,
which will be filed as a lien against the debtor's property pursuant to 28 U.S.C. 3201 and returned
to VA for enforcement; or
</p>
<p>(3) The debtor has the clear ability to pay the claim and the Government effectively can enforce
payment, with due regard for the exemptions available to the debtor under State and Federal law and
the judicial remedies available to the Government.
</p>
<p>(c) VA should consult with the Financial Litigation Staff of the Executive Office for United
States Attorneys, in DOJ, prior to referring claims valued at less than the minimum amount.

</p>
<p>(Authority: 31 U.S.C. 3711; 38 U.S.C. 501).
</p>
<p>[69 FR 62200, Oct. 25, 2004]
</p>
<p><b>&#167; 1.955
 Regional office Committees on Waivers and Compromises.
</b></p>
<p>(a) <i>Delegation of authority and establishment.</i> (1) Sections 1.955 <i>et seq.</i> are
issued to implement the authority for waiver consideration found in 38 U.S.C. 5302 and 5 U.S.C. 5584
and the compromise authority found 38 U.S.C. 3720(a) and 31 U.S.C. 3711. The duties, delegations of
authority, and all actions required of the Committees on Waivers and Compromises are to be
accomplished under the direction of, and authority vested in, the Director of the regional office.
Delegations of authority and limitations for waiver actions under 5 U.S.C. 5584 are set forth in
&#167; 1.963a of this part.
</p>
<p>(2) There is established in each regional office, a Committee on Waivers and Compromises to
perform the duties and assume the responsibilities delegated by &#167;&#167; 1.956 and 1.957.
The term <i>regional office,</i> as used in &#167; 1.955 <i>et seq.,</i> includes VA Medical
and Regional Office Centers and VA Centers where such are established.
</p>
<p>(b) <i>Selection.</i> The Director shall designate the employees to serve as Chairperson,
members, and alternates. Except upon specific authorization of the Under Secretary for Benefits,
when workload warrants a full-time committee, such designation will be part-time additional duty
upon call of the Chairperson.
</p>
<p>(c) <i>Control and staff.</i> The administrative control of each Committee on Waivers and
Compromises is the responsibility of the station's Fiscal Officer. However, the station Director has
the authority to reassign the administrative control function to another station activity, rather
than the Fiscal Officer, whenever the Director determines that such reassignment is appropriate. The
quality control of the professional and clerical staff of the Committee is the responsibility of the
Chairperson.
</p>
<p>(d) <i>Overall control.</i> The Assistant Secretary for Management is delegated complete
management authority, including planning, policy formulation, control, coordination, supervision,
and evaluation of Committee operations.
</p>
<p>(e) <i>Committee composition.</i> (1) The Committee shall consist of a Chairperson and Alternate
Chairperson and as many Committee members and alternate members as the Director may appoint. Members
and alternates shall be selected so that in each of the debt claim areas (i.e., compensation,
pension, education, insurance, loan guaranty, etc.) there are members and alternates with special
competence and familiarity with the program area.
</p>
<p>(2) When a claim is properly referred to the Committee for either waiver consideration or the
consideration of a compromise offer, the Chairperson shall designate a panel from the available
Committee members to consider the waiver request or compromise offer. If the debt for which the
waiver request or compromise offer is made is $20,000 or less (exclusive or interest and
administrative costs), the Chairperson will assign one Committee member as the panel. This one
Committee member should have experience in the program area where the debt is located. The single
panel member's decision shall stand as the decision of the Committee. If the debt for which the
waiver request or compromise offer is made is more than $20,000 (exclusive of interest and
administrative costs), the Chairperson shall assign two Committee members. One of the two members
should be knowledgeable in the program area where the debt arose. If the two member panel cannot
reach a unanimous decision, the Chairperson shall assign a third member of the Committee to the
panel, or assign the case to three new members, and the majority vote shall determine the Committee
decision.
</p>
<p>(3) The assignment of a one or two member panel as described in paragraph (e)(2) of this section
is applicable if the debtor files a Notice of Disagreement with a Committee decision to deny waiver.
That is, if the Notice of Disagreement is filed with a decision by a one member panel to deny waiver
of collection of a debt of $20,000 or less, then the Notice of Disagreement should also be assigned
to one panel member. Likewise, a Notice of Disagreement filed with a decision by a two or three
member panel to deny waiver of collection of a debt of more than $20,000 should also be assigned to
a Committee panel of two members (three if these two members cannot agree). However, a Chairperson
must assign the Notice of Disagreement to a different one, two, or three member panel than the panel
that made the original Committee decision that is now the subject of the Notice of Disagreement.
</p>
<p>(Authority: 5 U.S.C. 5584, 31 U.S.C. 3711, 38 U.S.C. 3720(a), 5302)
</p>
<p>[44 FR 59905, Oct. 17, 1979, as amended at 48 FR 1056, Jan. 10, 1983; 54 FR 40871, Oct. 4, 1989;
57 FR 47264, Oct. 15, 1992; 60 FR 53276, Oct. 13, 1995; 69 FR 62201, Oct. 25, 2004]
</p>
<p><b>&#167; 1.956
 Jurisdiction.
</b></p>
<p>(a) The regional office Committees are authorized, except as to determinations under
&#167; 2.6(e)(4)(i) of this chapter where applicable, to consider and determine as limited in
&#167;&#167; 1.955 <i>et seq.,</i> settlement, compromise and/or waiver concerning the
following debts and overpayments:
</p>
<p>(1) Arising out of operations of the Veterans Benefits Administration:
</p>
<p>(i) Overpayment or erroneous payments of pension, compensation, dependency and indemnity
compensation, burial allowances, plot allowance, subsistence allowance, education (includes debts
from work study and education loan defaults as well as from other overpayments of educational
assistance benefits) or insurance benefits, clothing allowance and automobile or other conveyance
and adaptive equipment allowances.
</p>
<p>(ii) Debts arising out of the loan program under 38 U.S.C. ch. 37 after liquidation of security,
if any.
</p>
<p>(iii) Such other debts as may be specifically designated by the Under Secretary for Benefits.
</p>
<p>(2) Arising out of operations of the Veterans Health Services and Research Administration:
</p>
<p>(i) Debts resulting from services furnished in error (&#167; 17.101(a) of this chapter).
</p>
<p>(ii) Debts resulting from services furnished in a medical emergency (&#167; 17.101(b) of
this chapter).
</p>
<p>(iii) Other claims arising in connection with transactions of the Veterans Health Administration
(&#167; 17.103(c) of this chapter).
</p>
<p>(iv) Fiscal officers at VA medical facilities are authorized to waive veterans' debts arising
from medical care copayments (&#167; 17.105(c) of this chapter).
</p>
<p>(3) Claims for erroneous payments of pay and allowances, and erroneous payments of travel,
transportation, and relocation expenses and allowances, made to or on behalf of employees (5 U.S.C.
5584).
</p>
<p>(b) The Under Secretary for Benefits may, at his or her discretion, assume original jurisdiction
and establish an ad hoc Board to determine a particular issue arising within this section.
</p>
<p>(Authority: 38 U.S.C. 501)
</p>
<p>[39 FR 26400, July 19, 1974, as amended at 44 FR 59905, Oct. 17, 1979; 60 FR 53276, Oct. 13,
1995; 69 FR 62201, Oct. 25, 2004]
</p>
<p><b>&#167; 1.957
 Committee authority.
</b></p>
<p>(a) <i>Regional office committee.</i> On matters covered in &#167; 1.956, the regional
office Committee is authorized to determine the following issues:
</p>
<p>(1) <i>Waivers.</i> A decision may be rendered to grant or deny waiver of collection of a debt in
the following debt categories:
</p>
<p>(i) Loan guaranty program (38 U.S.C. 5302(b)). Committees may consider waiver of the indebtedness
of a veteran or spouse resulting from: (A) The payment of a claim under the guaranty or insurance of
loans, (B) the liquidation of direct loans, (C) the liquidation of loans acquired under &#167; 
36.4318, and (D) the liquidation of vendee accounts. The phrase <i>veteran or spouse</i> includes a
veteran-borrower, veteran-transferee, a veteran-purchaser on a vendee account, a former spouse or
surviving spouse of a veteran.
</p>
<p>(ii) Other than loan guaranty program. (38 U.S.C. 5302(a))
</p>
<p>(iii) Services erroneously furnished (&#167; 17.101(a)).
</p>
<p>(2) <i>Compromises</i>--(i) <i>Loan program debts</i> (38 U.S.C. 3720(a)). Accept or reject
a compromise offer irrespective of the amount of the debt (loan program matters under 38 U.S.C.
chapter 37 are unlimited as to amount).
</p>
<p>(ii) Other than loan program debts (31 U.S.C. 3711).
</p>
<p>(A) Accept or reject a compromise offer on a debt which exceeds $1,000 but which is not over
$100,000 (both amounts exclusive of interest and other late payment charges).
</p>
<p>(B) Accept or reject a compromise offer on a debt of a $1,000 or less, exclusive of interest and
other late payment charges, which is not disposed of by the Chief, Fiscal activity, pursuant to
paragraph (b) of this section.
</p>
<p>(C) Reject a compromise offer on a debt which exceeds $100,000, exclusive of interest and other
late payment charges.
</p>
<p>(D) Recommend approval of a compromise offer on a debt which exceeds $100,000, exclusive of
interest and other late payment charges. The authority to accept a compromise offer on such a debt
rests solely within the jurisdiction of the Department of Justice. The Committee should evaluate a
compromise offer on a debt in excess of $100,000, using the factors set forth in &#167;&#167; 
1.930 through 1.938. If the Committee believes that the compromise offer is advantageous to the
government, then the Committee members shall so state this conclusion in a written memorandum of
recommendation of approval to the Chairperson. This recommendation, along with a Claims Collection
Litigation Report (CCLR) completed in accordance with &#167; 1.951, will be referred to VA
Central Office, Office of Financial Management (047G7), for submission to the Department of Justice
for final approval.

</p><p>(Authority: 31 U.S.C. 3711)

</p>
<p>(b) <i>Chief of Fiscal activity.</i> The Chief of the Fiscal activity at both VBA and VHA offices
has the authority, as to debts within his/her jurisdiction, to:
</p>
<p>(1) On other than loan program debts under 38 U.S.C. chapter 37, accept compromise offers of 50%
or more of a total debt not in excess of $1,000, exclusive of interest and other late payment
charges, regardless of whether or not there has been a prior denial of waiver.
</p>
<p>(2) On other than loan program debts under 38 U.S.C. chapter 37, reject any offer of compromise
of a total debt not in excess of $1,000, exclusive of interest and other late payment charges,
regardless of whether or not there has been a prior denial of waiver.
</p>
<p>(3) On other than loan guaranty program debts under 38 U.S.C. chapter 37, reject any offer of
compromise of a total debt not in excess of $1,000, exclusive of interest, regardless of whether or
not there has been a prior denial of waiver.
</p>
<p>(Authority: 31 U.S.C. 3711 and 38 U.S.C. 3720(a))
</p>
<p>[44 FR 59906, Oct. 17, 1979, as amended at 51 FR 38803, Sept. 25, 1985; 52 FR 42112, Nov. 3,
1987; 57 FR 47264, Oct. 15, 1992; 60 FR 53276, Oct. 13, 1995; 69 FR 62201, Oct. 25, 2004]
</p>
<p><b>&#167; 1.958
 Finality of decisions.
</b></p>
<p>A decision by the regional office Committee, operating within the scope of its authority,
denying waiver of all or part of a debt arising out of participation in a VA benefit or home loan
program, is subject to appeal in accordance with 38 CFR parts 19 and 20. A denial of waiver of an
erroneous payment of pay and allowances is subject to appeal in accordance with &#167; 
1.963a(a). There is no right of appeal from a decision rejecting a compromise offer.

</p>
<p>(Authority: 38 U.S.C. 501 and 7104).
</p>
<p>[69 FR 62201, Oct. 25, 2004]
</p>
<p><b>&#167; 1.959
 Records and certificates.
</b></p>
<p>The Chairperson of the Committee shall execute or certify any documents pertaining to its
proceedings. He/she will be responsible for maintaining needed records of the transactions of the
Committee and preparation of any administrative or other reports which may be required.
</p>
<p>(Authority: 38 U.S.C. 501)
</p>
<p>[44 FR 59906, Oct. 17, 1979]
</p>
<p><b>&#167; 1.960
 Legal and technical assistance.
</b></p>
<p>Legal questions involving a determination under &#167; 2.6(e)(4) of this chapter will
be referred to the Regional Counsel for action in accordance with delegations of the General
Counsel, unless there is an existence a General Counsel's opinion or an approved Regional Counsel's
opinion dispositive of the controlling legal principle. As to matters not controlled by &#167; 
2.6(e)(4) of this chapter, the Chairperson of the regional office Committee or at his/her instance,
a member, may seek and obtain advice from the Regional Counsel on legal matters within his/her
jurisdiction and from other division chiefs in their areas of responsibility, on any matter properly
before the Committee. Guidance may also be requested from the Central Office staff.
</p>
<p>(Authority: 38 U.S.C. 501)
</p>
<p>[44 FR 59906, Oct. 17, 1979]
</p>
<p><b>&#167; 1.961
 Releases.
</b></p>
<p>On matters within its jurisdiction, the Committee may authorize the release of any right,
title, claim, lien or demand, however acquired, against any person obligated on a loan guaranteed,
insured, or made by the Department of Veterans Affairs under the provisions of 38 U.S.C. ch. 37, or
on an acquired loan, or on a vendee account.
</p>
<p>[39 FR 26400, July 19, 1974]
</p>
<p><b>&#167; 1.962
 Waiver of overpayments.
</b></p>
<p>There shall be no collection of an overpayment, or any interest thereon, which results from
participation in a benefit program administered under any law by VA when it is determined by a
regional office Committee on Waivers and Compromises that collection would be against equity and
good conscience. For the purpose of this regulation, the term <i>overpayment</i> refers only to
those benefit payments made to a designated living payee or beneficiary in excess of the amount due
or to which such payee or beneficiary is entitled. The death of an indebted payee, either prior to a
request for waiver of the indebtedness or during Committee consideration of the waiver request,
shall not preclude waiver consideration. There shall be no waiver consideration of an indebtedness
that results from the receipt of a benefit payment by a non-payee who has no claim or entitlement to
such payment.
</p>
<p>(a) Waiver consideration is applicable in an indebtedness resulting from work study and education
loan default, as well as indebtedness of a veteran-borrower, veteran transferee, or indebted spouse
of either, arising out of participation in the loan program administered under 38 U.S.C. ch. 37.
Also subject to waiver consideration is an indebtedness which is the result of VA hospitalization,
domiciliary care, or treatment of a veteran, either furnished in error or on the basis of tentative
eligibility.
</p>
<p>(b) In any case where there is an indication of fraud or misrepresentation of a material fact on
the part of the debtor or any other party having an interest in the claim, action on a request for
waiver will be deferred pending appropriate disposition of the matter. However, the existence of a
prima facie case of fraud shall, nevertheless, entitle a claimant to an opportunity to make a
rebuttal with countervailing evidence; similiarly, the misrepresentation must be more than non-
willful or mere inadvertence. The Committee may act on a request for waiver concerning such debts,
after the Inspector General or the Regional Counsel has determined that prosecution is not
indicated, or the Department of Justice has notified VA that the alleged fraud or misrepresentation
does not warrant action by that department, or the Department of Justice or the appropriate United
States Attorney, specifically authorized action on the request for waiver.
</p>
<p>(Authority: 38 U.S.C. 501)
</p>
<p>[39 FR 26400, July 19, 1974, as amended at 44 FR 59906, Oct. 17, 1979; 50 FR 38803, Sept. 25,
1985; 52 FR 42112, Nov. 3, 1987]
</p>
<p><b>&#167; 1.963
 Waiver; other than loan guaranty.
</b></p>
<p>(a) <i>General.</i> Recovery of overpayments of any benefits made under laws administered by
the VA shall be waived if there is no indication of fraud, misrepresentation, or bad faith on the
part of the person or persons having an interest in obtaining the waiver and recovery of the
indebtedness from the payee who received such benefits would be against equity and good conscience.
</p>
<p>(b) <i>Application.</i> A request for waiver of an indebtedness under this section shall only be
considered:
</p>
<p>(1) If made within 2 years following the date of a notice of indebtedness issued on or before
March 31, 1983, by the Department of Veterans Affairs to the debtor, or
</p>
<p>(2) Except as otherwise provided herein, if made within 180 days following the date of a notice
of indebtedness issued on or after April 1, 1983, by the Department of Veterans Affairs to the
debtor. The 180 day period may be extended if the individual requesting waiver demonstrated to the
Chairperson of the Committee on Waivers and Compromises that, as a result of an error by either the
Department of Veterans Affairs or the postal authorities, or due to other circumstances beyond the
debtor's control, there was a delay in such individual's receipt of the notification of indebtedness
beyond the time customarily required for mailing (including forwarding). If the requester does
substantiate that there was such a delay in the receipt of the notice of indebtedness, the
Chairperson shall direct that the 180 day period be computed from the date of the requester's actual
receipt of the notice of indebtedness.
</p>
<p>(Authority: 38 U.S.C. 5302 (a) &amp; (c))
</p>
<p>[39 FR 26400, July 19, 1974, as amended at 44 FR 59906, Oct. 17, 1979; 48 FR 27400, June 15,
1983; 50 FR 38803, Sept. 25, 1985; 58 FR 3840, Jan. 12, 1993]
</p>
<p><b>&#167; 1.963a
 Waiver; erroneous payments of pay and allowances.
</b></p>
<p>(a) The provisions applicable to VA (including refunds) concerning waiver actions relating
to erroneous payments to VA employees of pay and allowances, and travel, transportation, and
relocation expenses and allowances, are set forth in 5 U.S.C. 5584. The members of Committees on
Waivers and Compromises assigned to waiver actions under &#167; 1.955 of this part are
delegated all authority granted the Secretary under 5 U.S.C. 5584 to deny waiver or to grant waiver
in whole or in part of any debt regardless of the amount of the indebtedness. Committee members also
have exclusive authority to consider and render a decision on the appeal of a waiver denial or the
granting of a partial waiver. However, the Chairperson of the Committee must assign the appeal to a
different Committee member or members than the member or members who made the original decision that
is now the subject of the appeal. The following are the only provisions of &#167;&#167; 1.955
through 1.970 of this part applicable to waiver actions concerning erroneous payments of pay and
allowances, and travel, transportation, and relocation expenses and allowances, under 5 U.S.C. 5584:
&#167;&#167; 1.955(a) through (e)(2), 1.956(a)(introductory text) and (a)(3), 1.959, 1.960,
1.963a, and 1.967(c).
</p>
<p>(b) Waiver may be granted under this section and 5 U.S.C. 5584 when collection would be against
equity and good conscience and not in the best interest of the United States. Generally, these
criteria will be met by a finding that the erroneous payment occurred through administrative error
and that there is no indication of fraud, misrepresentation, fault, or lack of good faith on the
part of the employee or other person having an interest in obtaining a waiver of the claim, and
waiver would not otherwise be inequitable. Generally, waiver is precluded when an employee receives
a significant unexplained increase in pay or allowances, or otherwise knows, or reasonably should
know, that an erroneous payment has occurred, and fails to make inquiries or bring the matter to the
attention of the appropriate officials. Waiver under this standard will depend upon the facts
existing in each case.
</p>
<p>(c) An application for waiver must be received within 3 years immediately following the date on
which the erroneous payment was discovered.

</p>
<p>(Authority: 5 U.S.C. 5584; 38 U.S.C. 501).
</p>
<p>[69 FR 62202, Oct. 25, 2004]
</p>
<p><b>&#167; 1.964
 Waiver; loan guaranty.
</b></p>
<p>(a) <i>General.</i> Any indebtedness of a veteran or the indebtedness of the spouse shall be
waived only when the following factors are determined to exist:
</p>
<p>(1) Following default there was a loss of the property which constituted security for the loan
guaranteed, insured or made under chapter 37 of title 38 United States Code;
</p>
<p>(2) There is no indication of fraud, misrepresentation, or bad faith on the part of the person or
persons having an interest in obtaining the waiver; and
</p>
<p>(3) Collection of such indebtedness would be against equity and good conscience.
</p>
<p>(b) <i>Spouse.</i> The waiver of a veteran's indebtedness shall inure to the spouse of such
veteran insofar as concerns said indebtedness, unless the obligation of the spouse is specifically
excepted. However, the waiver of the indebtedness of the veteran's spouse shall not inure to the
benefit of the veteran unless specifically provided for in the waiver decision.
</p>
<p>(c) <i>Surviving spouse or former spouse.</i> A surviving spouse of a veteran or the former
spouse of a veteran may be granted a waiver of the indebtedness provided the requirements of
paragraph (a) of this section are met.
</p>
<p>(d) <i>Preservation of Government rights.</i> In cases in which it is determined that waiver may
be granted, the action will take such form (covenant not to sue, or otherwise) as will preserve the
rights of the Government against obligors other than the veteran or the spouse.
</p>
<p>(e) <i>Application.</i> A request for waiver of an indebtedness under this section shall be made
within one year after the date on which the debtor receives, by Certified Mail-Return Receipt
Requested, written notice from VA of the indebtedness. If written notice of indebtedness is sent by
means other than Certified Mail-Return Receipt Requested, then there is no time limit for filing a
request for waiver of indebtedness under this section.

</p><p>(Authority: 38 U.S.C. 5302(b))

</p>
<p>(f) <i>Exclusion.</i> Except as otherwise provided in this section, the indebtedness of a
nonveteran obligor under the loan program is excluded from waiver.
</p>
<p>(Authority:</p>
<p>38 U.S.C. 5302 (b) and (c))
</p>
<p>[39 FR 26400, July 19, 1974, as amended at 44 FR 59907, Oct. 17, 1979; 57 FR 33875, July 31,
1992; 58 FR 3840, Jan. 12, 1993]
</p>
<p><b>&#167; 1.965
 Application of standard.
</b></p>
<p>(a) The standard "Equity and Good Conscience", will be applied when the facts and
circumstances in a particular case indicate a need for reasonableness and moderation in the exercise
of the Government's rights. The decision reached should not be unduly favorable or adverse to either
side. The phrase <i>equity and good conscience</i> means arriving at a fair decision between the
obligor and the Government. In making this determination, consideration will be given to the
following elements, which are not intended to be all inclusive:
</p>
<p>(1) <i>Fault of debtor.</i> Where actions of the debtor contribute to creation of the debt.
</p>
<p>(2) <i>Balancing of faults.</i> Weighing fault of debtor against Department of Veterans Affairs
fault.
</p>
<p>(3) <i>Undue hardship.</i> Whether collection would deprive debtor or family of basic
necessities.
</p>
<p>(4) <i>Defeat the purpose.</i> Whether withholding of benefits or recovery would nullify the
objective for which benefits were intended.
</p>
<p>(5) <i>Unjust enrichment.</i> Failure to make restitution would result in unfair gain to the
debtor.
</p>
<p>(6) <i>Changing position to one's detriment.</i> Reliance on Department of Veterans Affairs
benefits results in relinquishment of a valuable right or incurrence of a legal obligation.
</p>
<p>(b) In applying this single standard for all areas of indebtedness, the following elements will
be considered, any indication of which, if found, will preclude the granting of waiver:
</p>
<p>(1) Fraud or misrepresentation of a material fact (see &#167; 1.962(b)).
</p>
<p>(2) <i>Bad faith.</i> This term generally describes unfair or deceptive dealing by one who seeks
to gain thereby at another's expense. Thus, a debtor's conduct in connection with a debt arising
from participation in a VA benefits/services program exhibits bad faith if such conduct, although
not undertaken with actual fraudulent intent, is undertaken with intent to seek an unfair advantage,
with knowledge of the likely consequences, and results in a loss to the government.
</p>
<p>(Authority: 38 U.S.C. 5302(c))
</p>
<p>[39 FR 26400, July 19, 1974, as amended at 58 FR 3841, Jan. 12, 1993; 58 FR 7296, Feb. 5, 1993;
69 FR 62202, Oct. 25, 2004]
</p>
<p><b>&#167; 1.966
 Scope of waiver decisions.
</b></p>
<p>(a) Decisions will be based on the evidence of record. A hearing may be held at the request
of the claimant or his/her representative. No expenses incurred by a claimant, his representative,
or any witness incident to a hearing will be paid by the Department of Veterans Affairs.
</p>
<p>(b) A regional office Committee may:
</p>
<p>(1) Waive recovery as to certain persons and decline to waive as to other persons whose claims
are based on the same veteran's service.
</p>
<p>(2) Waive or decline to waive recovery from specific benefits or sources, except that:
</p>
<p>(i) There shall be no waiver of recovery out of insurance of an indebtedness secured thereby;
i.e., an insurance overpayment to an insured. However, recovery may be waived of any or all of such
indebtedness out of benefits other than insurance then or thereafter payable to the insured.
</p>
<p>(Authority: 38 U.S.C. 501, 5302).
</p>
<p>[39 FR 26400, July 19, 1974, as amended at 44 FR 59907, Oct. 17, 1979; 48 FR 1056, Jan. 10, 1983;
69 FR 62202, Oct. 25, 2004]
</p>
<p><b>&#167; 1.967
 Refunds.
</b></p>
<p>(a) Except as provided in paragraph (c) of this section, any portion of an indebtedness
resulting from participation in benefits programs administered by the Department of Veterans Affairs
which has been recovered by the U.S. Government from the debtor may be considered for waiver,
provided the debtor requests waiver in accordance with the time limits of &#167; 1.963(b). If
collection of an indebtness is waived as to the debtor, such portions of the indebtedness previously
collected by the Department of Veterans Affairs will be refunded. In the event that waiver of
collection is granted for either an education, loan guaranty, or direct loan debt, there will be a
reduction in the debtor's entitlement to future benefits in the program in which the debt
originated.
</p>
<p>(b) The Department of Veterans Affairs may not waive collection of the indebtedness of an
educational institution found liable under 38 U.S.C. 3685. Waiver of collection of educational
benefit overpayments from all or a portion of the eligible persons attending an educational
institution which has been found liable under 38 U.S.C. 3685 shall not relieve the institution of
its assessed liability. (See 38 CFR 21.4009(f)).
</p>
<p>(c) The regulatory provisions concerning refunds of indebtedness collected by the Department of
Veterans Affairs arising from erroneous payments of pay and allowances and travel, transportation,
and relocation expenses and allowances are set forth in 4 CFR Parts 91 and 92.
</p>
<p>(d) Refund of the entire amount collected may not be made when only a part of the debt is waived
or when collection of the balance of a loan guaranty indebtedness by the Department of Veterans
Affairs from obligors, other than a husband or wife of the person requesting waiver, will be
adversely affected. Only where the amount collected exceeds the balance of the indebtedness still in
existence will a refund be made in the amount of the difference between the two. Otherwise, refunds
will be made in accordance with paragraph (a) of this section.
</p>
<p>(Authority: 38 U.S.C. 3685, 5302; 5 U.S.C. 5584)
</p>
<p>[48 FR 1056, Jan. 10, 1983, as amended at 60 FR 53276, Oct. 13, 1995]
</p>
<p><b>&#167; 1.968 [Reserved]</b>
</p>
<p><b>&#167; 1.969
 Revision of waiver decisions.
</b></p>
<p>(a) <i>Jurisdiction.</i> A decision involving waiver may be reversed or modified on the
basis of new and material evidence, fraud, a change in law or interpretation of law specifically
stated in a Department of Veterans Affairs issue, or clear and unmistakable error shown by the
evidence in file at the time the prior decision was rendered by the same or any other regional
office Committee.
</p>
<p>(b) <i>Finality of decisions.</i> Except as provided in paragraph (a) of this section, a decision
involving waiver rendered by the Committee having jurisdiction is final, subject to the provisions
of:
</p>
<p>(1) Sections 3.104(a), 19.153 and 19.154 of this chapter as to finality of decisions;
</p>
<p>(2) Section 3.105 (a) and (b) of this chapter as to revision of decisions, except that the
Central Office staff may postaudit or make an administrative review of any decision of a regional
office Committee;
</p>
<p>(3) Sections 3.103, 19.113 and 19.114 of this chapter as to notice of disagreement and the right
of appeal;
</p>
<p>(4) Section 19.124 of this chapter as to the filing of administrative appeals and the time limits
for filing such appeals.
</p>
<p>(c) <i>Difference of opinion.</i> Where reversal or amendment of a decision involving waiver is
authorized under &#167; 3.105(b) of this chapter because of a difference of opinion, the
effective date of waiver will be governed by the principle contained in &#167; 3.400(h) of this
chapter.
</p>
<p>(Authority: 38 U.S.C. 501)
</p>
<p>[44 FR 59907, Oct. 17, 1979]
</p>
<p><b>&#167; 1.970
 Standards for compromise.
</b></p>
<p>Decisions of the Committee respecting acceptance or rejection of a compromise offer shall be
in conformity with the standards in &#167;&#167; 1.930 through 1.936. In loan guaranty cases
the offer of a veteran or other obligor to effect a compromise must relate to an indebtedness
established after the liquidation of the security, if any, and shall be reviewed by the Committee.
An offer to effect a compromise may be accepted if it is deemed advantageous to the Government. A
decision on an offer of compromise may be revised or modified on the basis of any information which
would warrant a change in the original decision.
</p>
<p>(Authority: 31 U.S.C. 3711; 38 U.S.C. 501, 3720).
</p>
<p>[44 FR 59907, Oct. 17, 1979, as amended at 69 FR 62202, Oct. 25, 2004]</p>
<p><b>Salary Offset Provisions
</b></p>
<p><b>Source:</b> 52 FR 1905, Jan. 16, 1987, unless otherwise noted.
</p>
<p><b>&#167; 1.980
 Scope.
</b></p>
<p>(a) In accordance with 5 CFR part 550, subpart K, the provisions set forth in
&#167;&#167; 1.980 through 1.995 implement VA's authority for the use of salary offset to
satisfy certain debts owed to VA.
</p>
<p>(b) These regulations apply to offsets from the salaries of current employees of VA, or any other
agency, who owe debts to VA. Offsets by VA from salaries of current VA employees who owe debts to
other agencies shall be processed in accordance with procedures set forth in 5 CFR part 550, subpart
K.
</p>
<p>(c) These regulations do not apply to debts or claims arising under the Internal Revenue Code of
1954, as amended, the Social Security Act, the tariff laws of the United States, or to any case
where collection of a debt by salary offset is explicitly provided for (e.g., travel advances in 5
U.S.C. 5705 and employee training expenses in 5 U.S.C. 4108) or prohibited by another statute.
</p>
<p>(d) These regulations do not preclude an employee from requesting waiver of an overpayment under
38 U.S.C. 5302, 5 U.S.C. 5584, or any other similar provision of law, or in any way questioning the
amount or validity of a debt not involving benefits under the laws administered by VA by submitting
a subsequent claim to the General Accounting Office in accordance with procedures prescribed by that
office.
</p>
<p>(e) These regulations do not apply to any adjustment to pay arising out of an employee's election
of coverage or a change in coverage under a Federal benefits program requiring periodic deductions
from pay if the amount to be recovered was accumulated over four pay periods or less.
</p>
<p>(f) These regulations do not apply to a routine intra-agency adjustment of pay that is made to
correct an overpayment of pay attributable to clerical or administrative errors or delays in
processing pay documents, if the overpayment occurred within the four pay periods preceding the
adjustment and, at the time of such adjustment, or as soon thereafter as practicable, the individual
is provided written notice of the nature and amount of the adjustment and a point of contact for
contesting such adjustment.
</p>
<p>(g) These regulations do not apply to any adjustment to collect a debt amounting to $50 or less,
if at the time of such adjustment, or as soon thereafter as practicable, the individual is provided
with written notice of the nature and amount of the adjustment and a point of contact for contesting
such adjustment.
</p>
<p>(h) These regulations do not preclude the compromise, suspension, or termination of collection
action under the Federal Claims Collection Standards (FCCS) (31 CFR parts 900-904) and VA
regulations 38 CFR 1.930 through 1.944.
</p>
<p>(i) The procedures and requirements of these regulations do not apply to salary offset used to
recoup a Federal employee's debt where a judgment has been obtained against the employee for the
debt.
</p>
<p>(Authority: 5 U.S.C. 5514)
</p>
<p>[52 FR 1905, Jan. 16, 1987; 52 FR 23824, June 25, 1987, as amended at 54 FR 34980, Aug. 23, 1989;
69 FR 62202, Oct. 25, 2004]
</p>
<p><b>&#167; 1.981
 Definitions.
</b></p>
<p>(a) <i>Agency</i> means:
</p>
<p>(1) An executive agency as defined in 5 U.S.C. 105, including the U.S. Postal Service, and the
U.S. Postal Rate Commission, and
</p>
<p>(2) A military department as defined in 5 U.S.C. 102.
</p>
<p>(3) An agency or court of the judicial branch, including a court as defined in 28 U.S.C. 610, the
District Court for the Northern Mariana Islands, and the Judicial Panel on Multidistrict Litigation;
</p>
<p>(4) An agency of the legislative branch, including the U.S. Senate and the U.S. House of
Representatives; and
</p>
<p>(5) Other independent establishments that are entities of the Federal Government.
</p>
<p>(b) <i>Debt</i> means an amount owed to the United States from sources which include loans
insured or guaranteed by the United States and all other amounts due the United States from fees,
leases, rents, royalties, services, sales of real or personal property, overpayments, penalties,
damages, interest, fines and forfeitures (except those arising under the Uniform Code of Military
Justice), and all other similar sources.
</p>
<p>(c) <i>Disposable pay</i> means that part of current basic pay, special pay, incentive pay,
retired pay, retainer pay, or in the case of an employee not entitled to basic pay, other authorized
pay remaining after the deduction of any amount required by law to be withheld. Excluded from this
definition are deductions described in 5 CFR 581.105(b) through (f).
</p>
<p>(d) <i>Employee</i> means a current employee of VA or other Federal agency including a current
member of the Armed Forces or a Reserve of the Armed Forces (Reserves).
</p>
<p>(e) <i>Salary offset</i> means an attempt to collect a debt under 5 U.S.C. 5514 by deduction(s)
at one or more officially estabilished pay intervals from the current pay account of an employee
without his or her consent.
</p>
<p>(f) <i>Waiver</i> means the cancellation, remission, forgiveness, or non-recovery of a debt owed
by an employee to VA or another Federal agency as permitted or required by 5 U.S.C. 5584 or 38
U.S.C. 5302, or other similar statutes.
</p>
<p>(g) <i>Extreme hardship to an employee</i> means an employee's inability to provide himself or
herself and his or her dependents with the necessities of life such as food, housing, clothing,
transportation, and medical care.
</p>
<p>(Authority: 5 U.S.C. 5514)
</p>
<p>[52 FR 1905, Jan. 16, 1987; 52 FR 23824, June 25, 1987]
</p>
<p><b>&#167; 1.982
 Salary offsets of debts involving benefits under the laws administered by VA.
</b></p>
<p>(a) VA will not collect a debt involving benefits under the laws administered by VA by
salary offset unless the Secretary or appropriate designee first provides the employee with a
minimum of 30 calendar days written notice.
</p>
<p>(b) If the employee has not previously appealed the amount or existence of the debt under 38 CFR
parts 19 and 20 and the time for pursuing such an appeal has not expired (&#167; 20.302), the
Secretary or appropriate designee will provide the employee with written notice of the debt. The
written notice will state that the employee may appeal the amount and existence of the debt in
accordance with the procedures set forth in 38 CFR parts 19 and 20 and will contain the
determination and information required by &#167; 1.983(b)(1) through (5), (7), (9), (10), and
(12) though (14). The notice will also state that the employee may request a hearing on the offset
schedule under the procedures set forth in &#167; 1.984 and such a request will stay the
commencement of salary offset.
</p>
<p>(c) If the employee previously appealed the amount or existence of the debt and the Board of
Veterans Appeals decided the appeal on the merits or if the employee failed to pursue an appeal
within the time provided by regulations, the Secretary or designee shall provide the employee with
written notice prior to collecting the debt by salary offset. The notice will state:
</p>
<p>(1) The determinations and information required by &#167; 1.983(b)(1)-(5), (7), and
(12)-(14);
</p>
<p>(2) That the employee's appeal of the existence or amount of the debt was determined on the
merits or that the employee failed to pursue an appeal within the time provided, and VA's decision
is final except as otherwise provided in agency regulations;
</p>
<p>(3) That the employee may request a waiver of the debt pursuant to 38 CFR 1.911(c)(2) subject to
the time limits of 38 U.S.C. 5302.
</p>
<p>(4) That the employee may request an oral or paper hearing on the offset schedule and receive a
decision within 60 days of such request under the procedures and time limit set forth in
&#167; 1.984 and that such a request will stay the commencement of salary offset.
</p>
<p>(d) If the employee has appealed the existence or amount of the debt and the Board of Veterans
Appeals has not decided the appeal on the merits, collection of the debt by salary offset will be
suspended until the appeal is decided or the employee ceases to pursue the appeal.
</p>
<p>(Authority: 5 U.S.C. 5514)
</p>
<p>[52 FR 1905, Jan. 16, 1987, as amended at 69 FR 62202, Oct. 25, 2004]
</p>
<p><b>&#167; 1.983
 Notice requirements before salary offsets of debts not involving benefits under the laws
 administered by VA.
</b></p>
<p>(a) For a debt not involving benefits under the laws administered by VA, the Secretary or
designee will review the records relating to the debt to assure that it is owed prior to providing
the employee with a notice of the debt.
</p>
<p>(b) Except as provided in &#167; 1.980(e), salary offset of debts not involving benefits
under the laws administered by VA will not be made unless the Secretary or designee first provides
the employee with a minimum of 30 calendar days written notice. This notice will state:
</p>
<p>(1) The Secretary or designee's determination that a debt is owed;
</p>
<p>(2) The amount of the debt owed and the facts giving rise to the debt;
</p>
<p>(3) The Secretary or designee's intention to collect the debt by means of deduction from the
employee's current disposable pay account until the debt and all accumulated interest and associated
costs are paid in full;
</p>
<p>(4) The amount, frequency, approximate beginning date, and duration of the intended deductions;
</p>
<p>(5) An explanation of VA's requirements concerning interest, administrative costs, and penalties;
</p>
<p>(6) The employee's right to inspect and copy VA records relating to the debt or, if the employee
or his or her representative cannot personally inspect the records, to request and receive a copy of
such records;
</p>
<p>(7) The employee's right to enter into a written agreement with the Secretary or designee for a
repayment schedule differing from that proposed by the Secretary or designee, so long as the terms
of the repayment schedule proposed by the employee are agreeable to the Secretary or designee;
</p>
<p>(8) The VA employee's right to request an oral or paper hearing on the Secretary or appropriate
designee's determination of the existence or amount of the debt, or the percentage of disposable pay
to be deducted each pay period, so long as a request is filed by the employee as prescribed by the
Secretary. The hearing official for the hearing requested by a VA employee must be either a VA
administrative law judge or a hearing official from an agency other than VA. Any VA hearing official
may conduct an oral or paper hearing at the request of a non-VA employee on the determination by an
appropriately designated official of the employing agency of the existence or amount of the debt, or
the percentage of disposable pay to be deducted each pay period, so long as a hearing request is
filed by the non-VA employee as prescribed by the employing agency.
</p>
<p>(9) The method and time period for requesting a hearing;
</p>
<p>(10) That the timely filing of a request for a hearing (oral or paper) will stay the commencement
of salary offset;
</p>
<p>(11) That a final decision after the hearing will be issued at the earliest practical date, but
no later than 60 calendar days after the filing of the request for the hearing, unless the employee
requests and the hearing officer grants a delay in the proceedings;
</p>
<p>(12) That any knowingly false or frivolous statements, representations, or evidence may subject
the employee to:
</p>
<p>(i) Disciplinary procedures appropriate under 5 U.S.C. ch. 75, 5 CFR part 752, or any other
applicable statutes or regulations;
</p>
<p>(ii) Penalties under the False Claims Act, 31 U.S.C. 3729-3731, or any other applicable
statutory authority; or
</p>
<p>(iii) Criminal penalties under 18 U.S.C. 286, 287, 1001, and 1002 or any other applicable
statutory authority.
</p>
<p>(13) The employee's right, if applicable, to request waiver under 5 U.S.C. 5584 and 38 CFR 1.963a
and any other rights and remedies available to the employee under statutes or regulations governing
the program for which the collection is being made; and
</p>
<p>(14) Unless there are applicable contractual or statutory provisions to the contrary, that
amounts paid on or deducted for the debt which are later waived or found not owed to the United
States will be promptly refunded to the employee.
</p>
<p>(Authority: 5 U.S.C. 5514)
</p>
<p>[52 FR 1905, Jan. 16, 1987, as amended at 69 FR 62202, Oct. 25, 2004; 72 FR 65462, Nov. 21, 2007]
</p>
<p><b>&#167; 1.984
 Request for a hearing.
</b></p>
<p>(a) Except as provided in paragraph (b) of this section and in &#167; 1.982, an
employee wishing a hearing on the existence or amount of the debt or on the proposed offset schedule
must send such a request to the office which sent the notice of the debt. The employee must also
specify whether an oral or paper hearing is requested. If an oral hearing is requested, the request
should explain why the matter cannot be resolved by review of the documentary evidence. The request
must be received by the office which sent the notice of the debt not later than 30 calendar days
from the date of the notice.
</p>
<p>(b) If the employee files a request for a hearing after the expiration of the 30 day period
provided for in paragraph (a) of this section, VA may accept the request if the employee shows that
the delay was because of circumstances beyond his or her control or because of failure to receive
the written notice of the filing deadline (unless the employee has actual notice of the filing
deadline).
</p>
<p>(Authority: 5 U.S.C. 5514)
</p>
<p>[52 FR 1905, Jan. 16, 1987, as amended at 69 FR 62203, Oct. 25, 2004]
</p>
<p><b>&#167; 1.985
 Form, notice of, and conduct of hearing.
</b></p>
<p>(a) After an employee requests a hearing, the hearing official or administrative law judge
shall notify the employee of the form of the hearing to be provided. If the hearing will be oral,
the notice shall set forth the date, time, and location for the hearing. If the hearing will be
paper, the employee shall be notified that he or she should submit his or her position and arguments
in writing to the hearing official or administrative law judge by a specified date after which the
record shall be closed. This date shall give the employee reasonable time to submit this
information.
</p>
<p>(b) An employee who requests an oral hearing shall be provided an oral hearing if the hearing
official or administrative law judge determines that the matter cannot be resolved by review of
documentary evidence, for example, when an issue of credibility or veracity is involved. If a
determination is made to provide an oral hearing, the hearing official or administrative law judge
may offer the employee the opportunity for a hearing by telephone conference call. If this offer is
rejected or if the hearing official or administrative law judge declines to offer a telephone
conference call hearing, the employee shall be provided an oral hearing permitting the personal
appearance of the employee, his or her personal representative, and witnesses. A record or
transcript of every oral hearing shall be made. Witnesses shall testify under oath or affirmation.
VA shall not be responsible for the payment of any expenses incident to attendance at the hearing
which are incurred by either the employee, his or her representative or Counsel, or witnesses.
</p>
<p>(c) In all other cases where an employee requests a hearing, a paper hearing shall be provided. A
paper hearing shall consist of a review of the written evidence of record by the administrative law
judge or hearing official.
</p>
<p>(d) In any hearing under this section, the administrative law judge or hearing official may
exclude from consideration evidence or testimony which is irrelevant, immaterial, or unduly
repetitious.
</p>
<p>(Authority: 5 U.S.C. 5514)
</p>
<p><b>&#167; 1.986
 Result if employee fails to meet deadlines.
</b></p>
<p>An employee waives the right to a hearing, and will have his or her disposable pay offset in
accordance with the offset schedule, if the employee:
</p>
<p>(a) Fails to file a request for a hearing as prescribed in &#167; 1.982, &#167; 1.984,
or &#167;&#167; 19.1 through 19.200, whichever is applicable, unless such failure is excused as
provided in &#167; 1.984(b); or
</p>
<p>(b) Fails to appear at an oral hearing of which he or she had been notified unless the
administrative law judge or hearing official determines that failure to appear was due to
circumstances beyond the employee's control.
</p>
<p>(Authority: 5 U.S.C. 5514)
</p>
<p><b>&#167; 1.987
 Review by the hearing official or administrative law judge.
</b></p>
<p>(a) The hearing official or administrative law judge shall uphold VA's determination of the
existence and amount of the debt unless determined to be erroneous by a preponderance of the
evidence.
</p>
<p>(b) The hearing official or administrative law judge shall uphold VA's offset schedule unless the
schedule would result in extreme hardship to the employee.
</p>
<p>(Authority: 5 U.S.C. 5514)
</p>
<p>[52 FR 1905, Jan. 16, 1987; 52 FR 23824, June 25, 1987]
</p>
<p><b>&#167; 1.988
 Written decision following a hearing requested under &#167; 1.984.
</b></p>
<p>(a) The hearing official or administrative law judge must issue a written decision not later
than 60 days after the employee files a request for the hearing.
</p>
<p>(b) Written decisions provided after a hearing requested under &#167; 1.984 will include:
</p>
<p>(1) A statement of the facts presented to support the nature and origin of the alleged debt;
</p>
<p>(2) The hearing official or administrative law judge's analysis, findings and conclusions
concerning as applicable:
</p>
<p>(i) The employee's or VA's grounds;
</p>
<p>(ii) The amount and validity of the alleged debt; and
</p>
<p>(iii) The repayment schedule.
</p>
<p>(c) The decision in a case where a paper hearing was provided shall be based upon a review of the
written record. The decision in a case where an oral hearing was provided shall be based upon the
hearing and the written record.
</p>
<p>(Authority: 5 U.S.C. 5514)
</p>
<p><b>&#167; 1.989
 Review of VA records related to the debt.
</b></p>
<p>(a) <i>Notification by employee.</i> An employee who intends to inspect or copy VA records
related to the debt as permitted by a notice provided under &#167; 1.983 must send a letter to
the office which sent the notice of the debt stating his or her intention. The letter must be
received by that office within 30 calendar days of the date of the notice.
</p>
<p>(b) <i>VA response.</i> In response to timely notice submitted by the debtor as described in
paragraph (a) of this section, VA will notify the employee of the location and time when the
employee may inspect and copy records related to the debt.
</p>
<p>(Authority: 5 U.S.C. 5514)
</p>
<p>[52 FR 1905, Jan. 16, 1987, as amended at 69 FR 62203, Oct. 25, 2004]
</p>
<p><b>&#167; 1.990
 Written agreement to repay debt as alternative to salary offset.
</b></p>
<p>(a) <i>Notification by employee.</i> The employee may propose, in response to a notice under
&#167; 1.983, a written agreement to repay the debt as an alternative to salary offset. Any
employee who wishes to do this must submit a proposed written agreement to repay the debt which is
received by the office which sent the notice of the debt within 30 calendar days of the date of the
notice.
</p>
<p>(b) <i>VA response.</i> In response to timely notice by the debtor as described in paragraph (a)
of this section, VA will notify the employee whether the employee's proposed written agreement for
repayment is acceptable. It is within VA's discretion to accept a repayment agreement instead of
proceeding by offset. In making this determination, VA will balance its interest in collecting the
debt against the hardship to the employee. VA will accept a repayment agreement instead of offset
only if the employee is able to establish that offset would result in extreme hardship.
</p>
<p>(Authority: 5 U.S.C. 5514)
</p>
<p>[52 FR 1905, Jan. 16, 1987, as amended at 69 FR 62203, Oct. 25, 2004]
</p>
<p><b>&#167; 1.991
 Procedures for salary offset: when deductions may begin.
</b></p>
<p>(a) Deductions to liquidate an employee's debt will be by the method and in the amount
stated in the notice to collect from the employee's current pay as modified by a written decision
issued under &#167; 1.982 or &#167; 1.988, or parts 19 and 20 or by written agreement
between the employee and the VA under &#167; 1.990.
</p>
<p>(b) If the employee filed a request for a hearing as provided by &#167; 1.984 before the
expiration of the period provided for in that section, deductions will not begin until after the
hearing official or administrative law judge has provided the employee with a hearing, and has
rendered a final written decision.
</p>
<p>(c) If the employee failed to file a timely request for a hearing, deductions will begin on the
date specified in the notice of intention to offset, unless a hearing is granted pursuant to
&#167; 1.984(b).
</p>
<p>(d) If an employee retires, resigns, or his or her employment ends before collection of the
amount of the indebtedness is completed, the remaining indebtedness will be collected according to
procedures for administrative offset (<i>see</i> 5 CFR 831.1801 through 831.1808, 31 CFR 901.3, and
38 CFR 1.912).
</p>
<p>(Authority: 5 U.S.C. 5514)
</p>
<p>[52 FR 1905, Jan. 16, 1987, as amended at 69 FR 62203, Oct. 25, 2004]
</p>
<p><b>&#167; 1.992
 Procedures for salary offset.
</b></p>
<p>(a) <i>Types of collection.</i> A debt will be collected in a lump-sum or in installments.
Collection will be in a lump-sum unless the employee is financially unable to pay in one lump-sum,
or if the amount of the debt exceeds 15 percent of the employee's disposable pay. In these cases,
deduction will be by installments.
</p>
<p>(b) <i>Installment deductions.</i> (1) A debt to be collected in installments will be deducted at
officially established pay intervals from an employee's current pay account unless the employee and
the Secretary agree to alternative arrangements for repayment. The alternative arrangement must be
in writing and signed by both the employee and Secretary or designee.
</p>
<p>(2) Installment deductions will be made over a period not greater than the anticipated period of
employment. The size and frequency of installment deductions will bear a reasonable relation to the
size of the debt and the employee's ability to pay. However, the amount deducted for any period will
not exceed 15 percent of the disposable pay from which the deduction is made, unless the employee
has agreed in writing to the deduction of a greater amount. If possible, the installment payment
will be sufficient in size and frequency to liquidate the debt in three years. Installment payments
of less than $25 per pay period or $50 a month will be acceptable only in the most unusual
circumstances.
</p>
<p>(c) Imposition of interest, penalties, and administrative costs. Interest, penalties, and
administrative costs shall be charged in accordance with 31 CFR 901.9 and 38 CFR 1.915.

</p>
<p>(Authority: 5 U.S.C. 5514; 38 U.S.C. 501).
</p>
<p>[52 FR 1905, Jan. 16, 1987, as amended at 54 FR 34980, Aug. 23, 1989; 69 FR 62203, Oct. 25, 2004]
</p>
<p><b>&#167; 1.993
 Non-waiver of rights.
</b></p>
<p>So long as there are not statutory or contractual provisions to the contrary, an employee's
involuntary payment (of all or a portion of a debt) under these regulations will not be interpreted
as a waiver of any rights that the employee may have under 5 U.S.C. 5514.
</p>
<p>(Authority: 5 U.S.C. 5514)
</p>
<p>VA will refund promptly to the appropriate individual amounts offset under these regulations
when:
</p>
<p>(a) A debt is waived or otherwise found not owed the United States (unless expressly prohibited
by statute or regulation); or
</p>
<p>(b) VA is directed by an administrative or judicial order to refund amounts deducted from the
employee's current pay.
</p>
<p>(Authority: 5 U.S.C. 5514)
</p>
<p><b>&#167; 1.995
 Requesting recovery through centralized administrative offset.
</b></p>
<p>(a) Under 31 U.S.C. 3716, VA and other creditor agencies must notify Treasury of all debts
over 180 days delinquent so that recovery of such debts may be made by centralized administrative
offset. This includes those debts that VA and other agencies seek from the pay account of an
employee of another Federal agency via salary offset. Treasury and other disbursing officials will
match payments, including Federal salary payments, against these debts. Where a match occurs, and
all the requirements for offset have been met, the payment will be offset to satisfy the debt in
whole or part.
</p>
<p>(b) Prior to submitting a debt to Treasury for the purpose of collection by offset, including
salary offset, VA shall provide written certification to Treasury that:
</p>
<p>(1) The debt is past due and legally enforceable in the amount submitted to Treasury and that VA
will ensure that any subsequent collections are credited to the debt and that Treasury shall be
notified of such;
</p>
<p>(2) Except in the case of a judgment debt or as otherwise allowed by law, the debt is referred to
Treasury for offset within 10 years after VA's right of action accrues;
</p>
<p>(3) VA has complied with the provisions of 31 U.S.C. 3716 and 38 CFR 1.912 and 1.912a including,
but not limited to, those provisions requiring that VA provide the debtor with applicable notices
and opportunities for a review of the debt; and
</p>
<p>(4) VA has complied with the provisions of 5 U.S.C. 5514 (salary offset) and 38 CFR 1.980 through
1.994 including, but not limited to, those provisions requiring that VA provide the debtor with
applicable notices and opportunities for a hearing.
</p>
<p>(c) Specific procedures for notifying Treasury of debts for purposes of collection by centralized
administrative offset are contained in the 31 CFR 285.7. VA and other creditor agencies may notify
Treasury of debts that have been delinquent for 180 days or less, including debts that VA and other
creditor agencies seek to recover from the pay of an employee via salary offset.

</p>
<p>(Authority: 31 U.S.C. 3716; 38 U.S.C. 501).
</p>
<p>[69 FR 62203, Oct. 25, 2004]
</p>
</xhtmlContent>
</regulationsPart>
</regulationsChapter>
</regulationsTitle>
</regulations>
<regulations id="reg2" toc="yes">
<regulationsTitle number="48">
<heading> Federal Acquisition Regulations System </heading>
<regulationsChapter number="8">
<heading> Department of Veterans Affairs </heading>
<regulationsPart number="824">
<heading> PROTECTION OF PRIVACY AND FREEDOM OF INFORMATION </heading>
<xhtmlContent>
	<p><b>Subpart 824.1--Protection of Individual Privacy
</b></p>
<p>Sec.
</p>
<p><b>824.102 General.
</b></p>
<p><b>Authority:</b> 38 U.S.C. 210 and 40 U.S.C. 486(c).</p>
<p><b>Subpart 824.1--Protection of Individual Privacy
</b></p>
<p><b>824.102
 General.
</b></p>
<p>(a) The pertinent Department rules regarding the implementation of the Privacy Act of 1974
consist of 38 CFR 1.575 through 1.584.
</p>
<p>[49 FR 12611, Mar. 29, 1984, as amended at 54 FR 40064, Sept. 29, 1989]
</p>
</xhtmlContent>
</regulationsPart>
</regulationsChapter>
</regulationsTitle>
</regulations>
</agency>
</pai>
