[Federal Register Volume 63, Number 65 (Monday, April 6, 1998)]
[Notices]
[Pages 16864-16870]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 98-8868]
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DEPARTMENT OF VETERANS AFFAIRS
Privacy Act of 1974; Altered System of Records
AGENCY: Department of Veterans Affairs.
ACTION: Notice of Altered System of Records.
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[[Page 16865]]
SUMMARY: The Privacy Act of 1974 (5 U.S.C. 522a(e)(4)) requires that
all agencies publish in the Federal Register a notice of the existence
and character of their systems of records. Notice is hereby given that
the Department of Veterans Affairs (VA) is altering a system of records
entitled ``Accounts Receivable Records--VA'' (88VA244). This system was
previously numbered ``88VA20A6''.
DATES: Interested persons are invited to submit written comments,
suggestions or objections regarding the proposed changes to the system
of records. All relevant materials received before May 6, 1998, will be
considered. If no public comment is received during the 30-day review
period allowed for public comment, or unless otherwise published in the
Federal Register by VA, the altered system of records is effective May
6, 1998.
ADDRESSES: Written comments concerning the altered system of records
may be mailed to the Director, Office of Regulations Management (02D),
810 Vermont Avenue, NW., Washington, DC 20420. All written comments
received will be available for public inspection at the above address
in the Office of Regulations Management, Room 1158, between the hours
8:00 a.m. and 4:30 p.m., Monday through Friday (except holidays).
FOR FURTHER INFORMATION CONTACT:
Daniel D. Osendorf, Director, Debt Management Center (389/00), U.S.
Department of Veterans Affairs, Bishop Henry Whipple Federal Building,
1 Federal Drive, Ft. Snelling, Minnesota 55111, (612) 725-1844. The
Internet e-mail address for Debt Management Center is: [email protected].
SUPPLEMENTARY INFORMATION: Notification of this system of records was
originally published under system number 88VA20A6 on November 3, 1994,
at 59 FR 55155. To broaden the application of the system of records to
a department-wide basis and to reflect consolidation of collection
responsibilities for additional types of debts under the administration
of VA's Debt Management Center (DMC) in Ft. Snelling, Minnesota, an
altered system of records was published November 26, 1996 at 61 FR
60148. The Debt Collection Improvement Act of 1996 (DCIA), section
31001 of Pub. L. 104-134, was enacted April 26, 1996 and provides for a
Government-wide system of debt collection managed by the Department of
the Treasury.
This system of records has been revised to reflect VA's
participation in the Government-wide debt collection program. The
revisions include new and modified routine uses to accommodate new
means of collection authorized by DCIA, additional Government programs
from which debts are created and for which DMC will perform collection
services, cross servicing of indebtedness accounts by the Department of
the Treasury or other agencies designated by that department and the
referral of indebtedness accounts to Government disbursing officials
for offset of almost any Government payment. DMC has applied for status
as a cross-servicing debt collection center. The new means of
collection authorized by DCIA include sale of delinquent debt to the
private sector, administrative wage garnishment and dissemination of
debtor information. Certain other revisions to the system of records
reflect more current terminology and new citations to referenced
material.
The debt collection program adheres to VA security and reporting
requirements under title 38, Code of Federal Regulations and other
Federal regulations, as well as the Privacy Act of 1974, as amended (5
U.S.C. 552a), and the appropriate provisions of the Internal Revenue
Code, title 26, United States Code.
Approved: March 26, 1998.
Togo D. West, Jr.,
Acting Secretary of Veterans Affairs.
88VA244
SYSTEM NAME.
Accounts Receivable Records-VA.
SYSTEM LOCATION:
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
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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.
CATEGORIES OF INDIVIDUALS COVERED BY THE SYSTEM:
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.
CATEGORIES OF RECORDS IN THE SYSTEM:
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.
AUTHORITY FOR MAINTENANCE OF THE SYSTEM:
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.
PURPOSE(S):
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.
ROUTINE USES OF RECORDS MAINTAINED IN THE SYSTEM, INCLUDING CATEGORIES
OF USERS AND THE PURPOSE OF SUCH USES:
For purposes of the following routine uses:
(a) The term, ``veteran'', includes present, former or retired
members of the United States Armed Forces, the reserve forces or
national guard;
(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,
(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.
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.
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
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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.
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).
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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,
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but are not limited to, persons, organizations or other entities with
contracts for collection services with the Government.
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).
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.
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.
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).
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.
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.
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.
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.
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.
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.
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).
DISCLOSURE TO CONSUMER REPORTING AGENCIES:
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.
POLICIES AND PRACTICES FOR STORING, RETRIEVING, ACCESSING, RETAINING
AND DISPOSING OF RECORDS IN THE SYSTEM:
STORAGE:
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
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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.
RETRIEVABILITY:
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.
SAFEGUARDS:
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.
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.
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.
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.
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.
RETENTION AND DISPOSAL:
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.
SYSTEM MANAGER(S) AND ADDRESS:
Director, Debt Management Center (389/00), U.S. Department of
Veterans Affairs, Bishop Henry Whipple Federal Building, 1 Federal
Drive, Ft. Snelling, MN 55111.
NOTIFICATION PROCEDURE:
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
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record, should submit a written request to the system manager indicated
above.
RECORD ACCESS PROCEDURES:
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.
CONTESTING RECORD PROCEDURES:
See record access procedures, above.
RECORD SOURCE CATEGORIES:
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.
[FR Doc. 98-8868 Filed 4-3-98; 8:45 am]
BILLING CODE 8320-01-M