[Federal Register Volume 85, Number 79 (Thursday, April 23, 2020)]
[Notices]
[Pages 22788-22797]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-08611]
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DEPARTMENT OF VETERANS AFFAIRS
Privacy Act of 1974; System of Records
AGENCY: Office of Information of Technology, Department of Veterans
Affairs (VA).
ACTION: Notice of Modified System of Records.
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SUMMARY: Individuals Submitting Invoices-Vouchers for Payment and
Accounting Transactional Data-VA is a compilation of records received,
controlled, managed, and employed for payment processing; general
accounting; benefit payment distribution to veterans and their
families; commercial vendor invoices for contract and reimbursement
expenditures; and payroll payments.
DATES: Comments on this modified system of records must be received no
later than 30 days after date of publication in the Federal Register.
If no public comment is received during the period allowed for comment
or
[[Page 22789]]
unless otherwise published in the Federal Register by VA, the modified
system of records will become effective a minimum of 30 days after date
of publication in the Federal Register. If VA receives public comments,
VA shall review the comments to determine whether any changes to the
notice are necessary.
ADDRESSES: Written comments may be submitted through
www.Regulation.gov; by mail or hand-delivery to Director, Regulation
Policy and Management (00REG), Department of Veterans Affairs, 810
Vermont Ave. NW, Room 1064, Washington, DC 20420; or by fax to (202)
273-9026 (not a toll free number). Comments should indicate that they
are submitted in response to 13-VA047 Individuals Submitting Invoices-
Vouchers for Payment and Accounting Transactional Data-VA. Copies of
comments received will be available for public inspection in the Office
of Regulation Policy and Management, Room 1063B, between the hours of
8:00 a.m. and 4:30 p.m., Monday through Friday (except holidays).
Please call (202) 461 4902 for an appointment. (This is not a toll-free
number.) In addition, comments may be viewed online at
www.Regulations.gov.
FOR FURTHER INFORMATION CONTACT: Jaime Manzano, [email protected],
(512) 460-5307.
SUPPLEMENTARY INFORMATION: Individuals Submitting Invoices-Vouchers for
Payment and Accounting Transactional Data-VA is a VA-wide financial
management system of records utilized in VA's IT accounting systems for
payment of benefits, vendor proposals payments and quotes, invoice
payment processing, and payroll purposes. Information is collected from
recipients, vendors, VA administrations, medical centers, and other
Federal entities for rendering payment.
Updated authorities by which the data is collected are 31 U.S.C.
3512--Executive Agency Accounting and other Financial Management
Reports and Plans; Federal Managers' Financial Integrity Act Section 2
of 1982; Federal Financial Management Improvement Act of 1996; E-
Government Act of 2002 Title III., Federal Information Security
Management Act (FISMA); Clinger Cohen Act of 1996; 38 CFR part 17
Sec. Sec. 17.120-17.132; OMB Circular A-123, Management's
Responsibility for Internal Control; and OMB Circular A-127, Financial
Management Systems.
Additional Routine Uses were added based on revised guidelines to
A-108 and updated standards for agency breach notification. Moreover,
VA must be able to provide 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 only 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). VA will administer
financial and transactional information through benefit disbursement
consuming HIPPA related data thus amending the routine uses to include:
14.Federal Agencies, Hospitals, for Referral by VA.; 15.Non-VA Doc, for
Referral to VA; 18.Researchers, for Research; 25.Claims
Representatives; and 26.Third Party, for Benefit or Discharge. Location
of the system of records is a notable change to being stored, managed,
and secured within a momentum cloud application.
Numerical order of routine uses from original SORN listing to
revised version is amended to the below agency standardized format
including the first ten routine uses:
1. Congress.
2. Data breach response and remedial efforts.
3. Data breach response and remedial efforts with another Federal
agency.
4. Law Enforcement.
5. Litigation.
6. Contractors.
7. EEOC.
8. FLRA.
9. MSPB.
10. NARA & GSA.
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. 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. Justification--VA established standardized Routine
Use. Disclosures 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 the individual to whom the record
pertains. The disclosure must be within the scope of the individual's
request and release of individually identifiable treatment records
relating to alcohol, drug abuse, sickle cell anemia, or human
immunodeficiency virus/AIDS must be specifically addressed in the
individual's request to the congressional office for assistance. In
those cases, however, where the congressional inquiry indicates that
the request is being made on behalf of a person other than the
individual whose record is to be disclosed, the congressional office
should be advised that the written consent of the subject of the record
is required. The Privacy Act limitation on disclosure of personal
information contained in any VA system of records shall not apply to
any Chairman/Head of a committee in the House of Representatives or the
United States Senate Veterans' Affairs or Appropriations Committees
(including the Subcommittees on VA, HUD, and Independent Agencies) if
an official request for the disclosure has been made for an oversight
purpose on a matter within the jurisdiction of the Committee or
Subcommittee. Use case--Use of information is necessary and proper to
ensure the veteran and whom they entrust and deem necessary have access
to advocate on their behalf.
Data breach response and remedial efforts. To appropriate agencies,
entities, and persons when (1) VA suspects or has confirmed that there
has been a breach of the system of records; (2) VA has determined that
as a result of the suspected or confirmed breach there is a risk of
harm to individuals, VA (including its information systems, programs,
and operations), the Federal Government, or national security; and (3)
the disclosure made to such agencies, entities, and persons is
reasonably necessary to assist in connection with [the agency's]
efforts to respond to the suspected or confirmed breach or to prevent,
minimize, or remedy such harm. Justification--VA established
standardized Routine Use. 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 and, in accordance
with Veterans Benefits, Health Care, and Information Technology Act of
2006 Sec. Sec. 5723--5724. VA may notify officials other than
officials within the Department of data breaches when required. In the
instance of 20 or more individuals affected, VA may provide notice to
Director of Office of Management and Budget and other such Federal
entities as determined relevant through quantitative and qualitative
risk analyses whether independent or internal on a confirmed data
breach. Specifically, VA may authorize an independent risk analysis by
a non-VA entity and/or Office of Inspector General in cases involving
PII and/or PHI.
[[Page 22790]]
Findings of such risk analysis may endorse and invoke provisioning of
credit monitoring for all those affected. Use Case--Use of information
is necessary and proper to mitigate the effect of a confirmed data
breach through provisioning credit monitoring. Notification of non-
federal entities in compliance and risk assessment capacity to perform
prevention strategies.
Data breach response and remedial efforts with another Federal
agency. 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. Justification--VA established standardized Routine
Use: In accordance with U.S.C 38Sec. 5723, (7) VA will ensure that the
Assistant Secretary for Information and Technology, in coordination
with the Under Secretaries, Assistant Secretaries, and other key
officials of the Department report to Congress, the Office of
Management and Budget, and other entities as required by law and this
section of the regulation to cooperate with notify and cooperate with
officials other than officials of the Department of data breaches when
required. Use Case--Use of information is necessary and proper to
initiate investigations into confirmed data breaches involving other
executive branch agencies.
Law Enforcement. VA may 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. Justification--VA established standardized
Routine Use: 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. Use
Case--Use of information is necessary and proper to cooperate with
other federal agencies while prosecuting civil, criminal or regulatory
violations of law.
Litigation. It shall be a routine use of the records in this system
of records to disclose them to the Department of Justice when
(a) VA, or any component thereof; or
(b) any employee of VA in his or her official capacity; or
(c) any employee of VA in his or her individual capacity where the
Department of Justice has agreed to represent the employee; or
(d) the United States, where 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 is deemed by VA to be relevant and necessary
to the litigation.
Use Case--Use of information is necessary and proper to disclose
records in this system of records in legal proceedings before a court
or administrative body.
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. 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. This routine use also applies to agreements that do not
qualify as contracts defined by Federal procurement laws and
regulations. Justification--VA established standardized Routine Use: 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 on behalf of VA acting in such capacity as an agent of VA on a
need to know basis. Use Case--Use of information is necessary and
proper to disclose records from this system of records for entities
contracted, entered into an agreement, and performing duties on behalf
of VA.
EEOC. 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.
Justification--VA established standardized Routine Use: 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. Use
Case--Use of information is necessary and proper to disclose records
from this system of records to protect VA employee rights.
FLRA. 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. Justification--VA established standardized
Routine Use: VA must be able to provide information to FLRA to comply
with the statutory mandate under which it operates. Use Case--Use of
information is necessary and proper to cooperate with labor relation
investigations.
MSPB. 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. Justification--VA established standardized Routine
Use: VA must be able to provide information to MSPB to assist it in
fulfilling its duties as required by statute and regulation. Use Case--
Use of information is necessary and proper to cooperate with Merit
Systems Protection Board and/or Office of Special Counsel concerning
allegations of prohibited personnel practices. Disclosure may be made
to a congressional office from the record of an individual in response
to
[[Page 22791]]
an inquiry from the congressional office made at the request of that
individual.
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. (In present SORN and will not Change)
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. (In present SORN and will not Change)
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. (Deleted and replaced with
more up-to-date)
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. (Deleted and updated by--In Original SORN--Deleted or
Replaced by updated Routine Use detailed below)
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. (Deleted and updated by--In Original SORN--Deleted or Replaced
by updated Routine Use detailed below)
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). (Deleted and
updated by--In Original SORN--Deleted or Replaced by updated Routine
Use detailed below)
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 the 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. (Deleted and updated by--In Original SORN--Deleted or
Replaced by updated Routine Use detailed below)
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. (Deleted and updated by--In
Original SORN--Deleted or Replaced by updated Routine Use detailed
below)
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. (Deleted and updated by--In Original SORN--
Deleted or Replaced by updated Routine Use detailed below)
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.
(Deleted and updated by--In Original SORN--Deleted or Replaced by
updated Routine Use detailed below)
[[Page 22792]]
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. (Deleted and updated by--In Original SORN--Deleted or
Replaced by updated Routine Use detailed below)
Federal Agencies, for Computer Matches. 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. Office Enterprise Integration (OEI)
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. Justification--VA established standardized Routine
Use: VA must be able to provide limited personally identifiable
information to other federal agencies for computer matching activities
for the purpose of benefit payments to veterans and beneficiaries. Use
Case--Use of information is necessary and proper to conduct computer
matching activities with regards to payments and verification of VA
payment if VA is considered a Source Agency. (New Routine Use)
Federal Agencies, for Litigation. It shall be a routine use of the
records in this system of records to disclose them to the Department of
Justice when
(a) VA, or any component thereof; or
(b) any employee of VA in his or her official capacity; or
(c) any employee of VA in his or her individual capacity where the
Department of Justice has agreed to represent the employee; or
(d) the United States, where 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 is deemed by VA to be relevant and necessary
to the litigation. Justification--VA established standardized Routine
Use: VA may disclose records in this system of records in legal
proceedings another federal agency, court, or party in litigation
before a court or other administrative proceeding conducted by an
agency if VA is a party to the proceeding and needs to disclose the
information to protect its interests. Use Case--Use of information is
necessary and proper to disclose records in this system of records in
legal proceedings before a court or administrative body. (New Routine
Use)
Federal Agencies, Hospitals, for Referral by VA. 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 on 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.
Justification--VA established standardized Routine Use: VA must be able
to provide patient referral information for authorized hospital and/or
nursing home care to a non-VA medical services provider for recovery of
the costs of the medical care. Use Case--Use of information is
necessary and proper as data within this system does not exclusively
include financial, transactional, and benefit payout data it also
includes VHA PHI information that is funneled in by VISTA. (New Routine
Use)
Federal Agencies, for Recovery of Medical Care Costs. 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. Justification--Use of information is necessary and proper as
data within this system does not exclusively include financial,
transactional, and benefit payout data it also includes VHA PHI
information that is funneled in by VISTA. (New Routine Use) Use Case--
Use of information is necessary and proper as data within this system
does not exclusively include financial, transactional, and benefit
payout data it also includes VHA PHI information that is funneled in by
VISTA. (New Routine Use)
Researchers, for Research. VA may disclose information from this
system, except the names and home addresses of veterans and their
dependents (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. Justification--The data within this system does
not just include financial, transactional, and benefit payout data it
also includes VHA PHI information that is funneled in by VISTA. Use
Case--Use of information is necessary and proper as data within this
system does not exclusively include financial, transactional, and
benefit payout data it also includes VHA PHI information that is
funneled in by VISTA. (New Routine Use)
Treasury, IRS. VA may disclose 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
[[Page 22793]]
individual not entitled to such services, by the withholding of all or
a portion of the person's Federal income tax refund. The purpose of
this disclosure is to collect a debt owed the VA by an individual by
offset of his or her Federal income tax refund. Justification--VA
established standardized Routine Use: VA must be able to provide
information to MSPB to assist it in fulfilling its duties as required
by statute and regulation. Use Case--Use of information is necessary
and proper to cooperate with Merit Systems Protection Board and/or
Office of Special Counsel concerning allegations of prohibited
personnel practices. (New Routine Use)
Treasury, to Report Waived Debt as Income. VA may disclose an
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, to the Department of the Treasury, Internal
Revenue Service, as a report of income under 26 U.S.C. 61(a)(12).
Justification--VA established standardized Routine Use: VA must be able
to provide information to MSPB to assist it in fulfilling its duties as
required by statute and regulation. Use Case--Use of information is
necessary and proper to cooperate with Merit Systems Protection Board
and/or Office of Special Counsel concerning allegations of prohibited
personnel practices. (New Routine Use)
Treasury, for Payment or Reimbursement. VA may disclose information
to the Department of the Treasury to facilitate payments to physicians,
clinics, and pharmacies for reimbursement of services rendered, and to
veterans for reimbursements of authorized expenses, or to collect, by
set off or otherwise, debts owed the United States. Justification--VA
established standardized Routine Use: VA must be able to provide
information to MSPB to assist it in fulfilling its duties as required
by statute and regulation. Use Case--Use of information is necessary
and proper to cooperate with Merit Systems Protection Board and/or
Office of Special Counsel concerning allegations of prohibited
personnel practices. (New Routine Use)
Guardians Ad Litem, for Representation.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. This disclosure permits VA to provide individual information to
an appointed VA Federal fiduciary or to the individual's guardian ad
litem that is needed to fulfill appointed duties. Justification--VA
established standardized Routine Use: VA must be able to provide
information to MSPB to assist it in fulfilling its duties as required
by statute and regulation. Use Case--Use of information is necessary
and proper to cooperate with Merit Systems Protection Board and/or
Office of Special Counsel concerning allegations of prohibited
personnel practices. (New Routine Use)
Guardians, for Incompetent Veterans. 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. Justification--VA established
standardized Routine Use: VA must be able to provide information to
MSPB to assist it in fulfilling its duties as required by statute and
regulation. Use Case--Use of information is necessary and proper to
cooperate with Merit Systems Protection Board and/or Office of Special
Counsel concerning allegations of prohibited personnel practices. (New
Routine Use)
Claims Representatives. 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.
Justification--VA established standardized Routine Use: VA must be able
to provide information to MSPB to assist it in fulfilling its duties as
required by statute and regulation. Use Case--Use of information is
necessary and proper to cooperate with Merit Systems Protection Board
and/or Office of Special Counsel concerning allegations of prohibited
personnel practices. (New Routine Use)
Third Party, for Benefit or Discharge. 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 data 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 medical facility may disclose health information for these
purposes. Justification--VA established standardized Routine Use: VA
must be able to provide information to MSPB to assist it in fulfilling
its duties as required by statute and regulation. Use Case--Use of
information is necessary and proper to cooperate with Merit Systems
Protection Board and/or Office of Special Counsel concerning
allegations of prohibited personnel practices. (New Routine Use)
Signing Authority
The Senior Agency Official Privacy, or designee, approved this
document and authorized the undersigned to sign and submit the document
to the Office of the Federal Register for publication electronically as
an official document of the Department of Veterans Affairs. James P.
Gfrerer, Assistant Secretary for Information and Technology and Chief
Information Officer, Department of Veterans Affairs, approved this
document on May 30, 2019 for publication.
Dated: April 20, 2020.
Amy L. Rose,
Program Analyst, VA Privacy Service, Department of Veterans Affairs.
SYSTEM NAME:
Individuals Submitting Invoices-Vouchers for Payment and Accounting
Transactional Data-VA 13VA047.
SECURITY CLASSIFICATION:
The information in this system is unclassified.
[[Page 22794]]
SYSTEM LOCATION:
VA Data Processing Center, Austin, Texas and fiscal offices of
Central Office; field stations where fiscal transactions are processed;
and application server located in the VA managed enterprise service
cloud enclave.
SYSTEM MANAGER(S):
Tammy Watson, System Owner, VA Financial Services Center (FSC),
Austin, TX 78741.
AUTHORITY FOR MAINTENANCE OF THE SYSTEM:
31 U.S.C. 3512--Executive Agency Accounting and other Financial
Management Reports and Plans; Federal Managers' Financial Integrity Act
Section 2 of 1982; Federal Financial Management Improvement Act of
1996; E-Government Act of 2002 Title III., Federal Information Security
Modernization Act (FISMA) of 2014; Clinger Cohen Act of 1996; 38 CFR
part 17 Sec. Sec. 17.120-17.132; OMB Circular A-123, Management's
Responsibility for Internal Control; and OMB Circular A-127, Financial
Management Systems.
PURPOSE(S) OF THE SYSTEM:
Individuals Submitting Invoices-Vouchers for Payment and Accounting
Transactional Data-VA is a VA-wide financial management system of
records utilized in VA's IT accounting systems for payment of benefits,
vendor payments, invoice payment processing, and payroll purposes.
Information is collected from recipients, vendors, VA administrations,
medical centers, and other Federal entities for rendering payment.
CATEGORIES OF INDIVIDUALS COVERED BY THE SYSTEM:
Contractors, vendors, salaried employees, non-salaried employees,
consultants, physicians and dentists, and patients and veterans.
CATEGORIES OF RECORDS IN THE SYSTEM:
Commercial Vendor identification listings, invoiced payment
records, claimant information, and banking and financial accounting
information.
RECORD SOURCE CATEGORIES:
Commercial vendors; individual or legal representative as part of
an application for a benefit, contract or reimbursement; Data could
potentially be obtained from a VA administration, facility and/or
medical center; Department of Treasury; Internal Revenue Service; and
other Federal entities.
ROUTINE USES OF RECORDS MAINTAINED IN THE SYSTEM, INCLUDING CATEGORIES
OF USERS AND THE PURPOSES OF SUCH USES:
To the extent that records contained in the system include
information protected by 45 CFR parts 160 and 164, i.e., individually
identifiable health information, and 38 U.S.C. 7332, i.e., medical
treatment information related to drug abuse, alcoholism or alcohol
abuse, sickle cell anemia or infection with the human immunodeficiency
virus, that information cannot be disclosed under a routine use unless
there is also specific statutory authority in 38 U.S.C. 7332 and
regulatory authority in 45 CFR parts 160 and 164 permitting disclosure.
1. 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. 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.
2. Data breach response and remedial efforts. To appropriate
agencies, entities, and persons when (1) VA suspects or has confirmed
that there has been a breach of the system of records; (2) VA has
determined that as a result of the suspected or confirmed breach there
is a risk of harm to individuals, VA (including its information
systems, programs, and operations), the Federal Government, or national
security; and (3) the disclosure made to such agencies, entities, and
persons is reasonably necessary to assist in connection with VA efforts
to respond to the suspected or confirmed breach or to prevent,
minimize, or remedy such harm.
3. Data breach response and remedial efforts with another Federal
agency. 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.
4. Law Enforcement. VA may 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. 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.
5. Litigation. It shall be a routine use of the records in this
system of records to disclose them to the Department of Justice when
(e) VA, or any component thereof; or
(f) any employee of VA in his or her official capacity; or
(g) any employee of VA in his or her individual capacity where the
Department of Justice has agreed to represent the employee; or
(h) the United States, where 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 is deemed by VA to be relevant and necessary
to the litigation.
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. 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. This routine use also applies to agreements that do not
qualify as contracts defined by Federal procurement laws and
regulations.
7. EEOC. 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
[[Page 22795]]
other functions of the Commission as authorized by law or regulation.
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.
8. FLRA. 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. VA must be able to provide information to
FLRA to comply with the statutory mandate under which it operates.
9. MSPB. 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. VA must be able to provide information to MSPB to
assist it in fulfilling its duties as required by statute and
regulation.
10. NARA. VA may disclose information from this system 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 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.
11. Federal Agencies, for Computer Matches. 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. Office Enterprise
Integration (OEI) 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.
12. Federal Agencies, for Litigation. VA may disclose information
to another federal agency, court, or party in litigation before a court
or other administrative proceeding conducted by an agency, if VA is a
party to the proceeding and needs to disclose the information to
protect its interests
13. Federal Agencies, Hospitals, for Referral by VA. 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 on 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.
14. Federal Agencies, for Recovery of Medical Care Costs. 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.
15. Researchers, for Research. VA may disclose information from
this system, except the names and home addresses of veterans and their
dependents (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.
16. Treasury, IRS. VA may disclose 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. The purpose of this disclosure is to collect a debt owed the VA
by an individual by offset of his or her Federal income tax refund.
17. Treasury, to Report Waived Debt as Income. VA may disclose an
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, to the Department of the Treasury, Internal
Revenue Service, as a report of income under 26 U.S.C. 61(a)(12).
18. Treasury, for Payment or Reimbursement. VA may disclose
information to the Department of the Treasury to facilitate payments to
physicians, clinics, and pharmacies for reimbursement of services
rendered, and to veterans for reimbursements of authorized expenses, or
to collect, by set off or otherwise, debts owed the United States.
19. Guardians Ad Litem, for Representation.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. This disclosure permits VA to provide individual information
to an appointed VA Federal fiduciary or to the individual's guardian ad
litem that is needed to fulfill appointed duties.
20. Guardians, for Incompetent Veterans. 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.
21. Claims Representatives. 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
[[Page 22796]]
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.
22. Third Party, for Benefit or Discharge. 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 data 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 medical facility may disclose health information for these
purposes.
POLICIES AND PRACTICES FOR STORAGE OF RECORDS:
Records are stored electronically on a VA server, in paper folders,
magnetic discs, magnetic tape, and in a momentum cloud application.
Paper documents may be scanned/digitized and stored for viewing
electronically.
POLICIES AND PRACTICES FOR RETRIEVAL OF RECORDS:
VA Directive 6300, Records and Information Management; VA Directive
6502, VA Enterprise Privacy Program; and VA Handbook 6300.4, Procedures
for Processing Requests for Records Subject to the Privacy Act.
POLICIES AND PRACTICES FOR RETENTION AND DISPOSAL OF RECORDS:
Individuals Submitting Invoices-Vouchers for Payment and Accounting
Transactional Data-VA system of records is retained as defined by its
NARA approved Records Control Schedule, MP-4, Part X and within rules
of the General Records Schedule (GRS). Unscheduled records within this
System of Records are indefinitely retained within the rules GRS, ERA
Number DAA-GRS-2013-005-002 (Permanent Retention). Per NARA practice,
documentation for permanent electronic records must be transferred with
the related records using the disposition authority of the related
electronic records rather than the GRS disposition authority.
Agency policy and responsibility for media and electronic
sanitization is explicated in VA Handbook 6500.1, Electronic Media
Sanitization. This Handbook sets forth policies and responsibilities
for the proper sanitization of electronic media prior to repair,
disposal, reuse, or recycling. These guidelines are in accordance with
Federal Information Processing Standard (FIPS) 200, Minimum Security
Requirements for Federal Information and Information Systems; and NIST
Special Publication 800-88 Revision 1, Guidelines for Media
Sanitization.
VA Directive 6371, Destruction of Temporary Paper Records, is
Agency policy for the destruction of temporary paper records.
ADMINISTRATIVE, TECHNICAL, AND PHYSICAL SAFEGUARDS:
VA will store records produced within this system of records in an
area that is physically and technologically secure from access by
unauthorized persons at all times. Only authorized personnel will
transport records within this system of records. VA will process
records produced within this system of records under immediate
supervision and control of authorized personnel in a manner that will
protect the confidentiality of the records, so that unauthorized
persons cannot retrieve any records by computer, remote terminal, or
other means. VA will store records using FIPS 140-2 compliant
encryption. Systems personnel must enter personal identification
numbers when accessing records on the agencies' systems. VA will
strictly limit authorization to those electronic records areas
necessary for the authorized analyst to perform his or her official
duties.
RECORD ACCESS PROCEDURES:
An individual wanting notification or access, including contesting
the record, should mail or deliver a request to the office identified
in the SORN. If an individual does not know the ``office concerned,''
the request may be addressed to the following with below requirements:
PO or FOIA/PO of any VA field station or the Department of Veterans
Affairs Central Office, 810 Vermont Avenue NW, Washington, DC 20420.
The receiving office must promptly forward the mail request received to
the office of jurisdiction clearly identifying it as ``Privacy Act
Request'', and notify the requester of the referral. Approved VA
authorization forms, may be provided to individuals for use.
CONTESTING RECORD PROCEDURES:
An individual may request amendment of a record pertaining to him
or her contained in a specific VA system of records by mailing or
delivering the request to the office concerned. The request must be in
writing and must conform to the following requirements: It must state
the nature of the information in the record the individual believes to
be inaccurate, irrelevant, untimely, or incomplete; why the record
should be changed; and the amendment desired. The requester must be
advised of the title and address of the VA official who can assist in
preparing the request to amend the record if assistance is desired. Not
later than business 10 days after the date of a request to amend a
record, the VA official concerned will acknowledge in writing such
receipt. If a determination for correction or amendment has not been
made, the acknowledgement will inform the individual of when to expect
information regarding the action taken on the request. VA will complete
a review of the request to amend or correct a record within 30 business
days of the date of receipt. Where VA agrees with the individual's
request to amend his or her record(s), the requirements of 5 U.S.C.
552a(d) will be followed. The record(s) will be corrected promptly, and
the individual will be advised promptly of the correction.
If the record has previously been disclosed to any person or
agency, and an accounting of the disclosure was made, prior recipients
of the record will be informed of the correction. An approved VA
notification of amendment form letter may be used for this purpose. An
individual wanting notification or access, including contesting the
record, should mail or deliver a request to the Privacy Office or FOIA/
Privacy Office of any VA field station or the Department of Veterans
Affairs Central Office, 810 Vermont Avenue NW, Washington, DC 20420.
NOTIFICATION PROCEDURES:
Notification for correcting the information will be accomplished by
informing the individual to whom the record pertains by mail. The
individual making the amendment must be advised
[[Page 22797]]
in writing that the record has been amended and provided with a copy of
the amended record. System Manager for the concerned VA system of
records, Privacy Officer, or their designee, will notify the relevant
persons or organizations whom had previously received the record about
the amendment. If 38 U.S.C. 7332-protected information was amended, the
individual must provide written authorization to allow the sharing of
the amendment with relevant persons or organizations request to amend a
record must be acknowledged in writing within 10 workdays of receipt.
If a determination has not been made within this time period, the
System Manager for the concerned VA system of records or designee, and/
or the facility Privacy Officer, or designee, must advise the
individual when the facility expects to notify the individual of the
action taken on the request. The review must be completed as soon as
possible, in most cases within 30 workdays from receipt of the request.
If the anticipated completion date indicated in the acknowledgment
cannot be met, the individual must be advised, in writing, of the
reasons for the delay and the date action is expected to be completed.
The delay may not exceed 90 calendar days from receipt of the request.
EXEMPTIONS PROMULGATED FOR THE SYSTEM:
N/A.
HISTORY:
VA 13VA047, Individuals Submitting Invoices-Vouchers for Payment -
VA--published prior to 1995.
[FR Doc. 2020-08611 Filed 4-22-20; 8:45 am]
BILLING CODE P