[Federal Register Volume 86, Number 213 (Monday, November 8, 2021)]
[Notices]
[Pages 61858-61871]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-24372]


-----------------------------------------------------------------------

DEPARTMENT OF VETERANS AFFAIRS


Privacy Act of 1974; System of Records

AGENCY: Department of Veterans Affairs (VA), Veterans Benefits 
Administration.

ACTION: Notice of a modified system of records.

-----------------------------------------------------------------------

SUMMARY: As required by the Privacy Act of 1974, notice is hereby given 
that the Department of Veterans Affairs (VA) proposes to modify an 
existing system of records, ``Compensation, Pension, Education, and 
Vocational Rehabilitation and Employment Records--VA'' (58VA21/22/28).

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 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: Comments may be submitted through www.Regulations.gov or 
mailed to VA Privacy Service, 810 Vermont Avenue NW, (005R1A), 
Washington, DC 20420. Comments should indicate that they are submitted 
in response to ``Compensation, Pension, Education, and Vocational 
Rehabilitation and Employment Records--VA'' (58VA21/22/28). Comments 
received will be available at regulations.gov for public viewing, 
inspection or copies.

FOR FURTHER INFORMATION CONTACT: Michael F. Palmer, 
[email protected], Senior Program Analyst, Chief Production 
Office, Department of Veterans Affairs, 810 Vermont Avenue NW, 
Washington, DC 20420 (336) 251-0392.

SUPPLEMENTARY INFORMATION: This system of records contains information 
regarding applicants for and beneficiaries of benefits chiefly 
administered by the Veterans Benefits Administration (VBA). This system 
is a core system for VBA programs. This system of records does not 
directly address health or memorial benefits administered respectively 
by the Veterans Health Administration or the National Cemetery 
Administration, the other two of the three Administrations within VA. 
This system was first published on March 3, 1976, and last amended on 
February 14, 2019, to reaffirm the establishment of the Veterans 
Benefits Management System (VBMS) eFolder as the official record for 
Veterans claims processing, management, adjudication, and appeals, 
propose the plan to properly dispose of paper duplicate copies and 
other physical media after imaging and upload into the eFolder, and to 
begin using the eFolder as an integrated benefits repository for 
records related to VA Insurance and Loan Guarantee benefits.
    VA is proposing to update this SORN to include the addition of two 
new applications that will be used by Vocational Rehabilitation and 
Employment (VR&E) counselors and/or Veteran participants: The 
Electronic Virtual Assistant (e-VA) and the Case Management Solution 
(CMS). e-VA is an active, artificial intelligence-enabled application 
that alleviates the burden of compliance, data entry, communications, 
documentation, and repetitive tasks in order to empower VR&E resources 
to focus their time on Veteran participants' needs, fulfilling the 
organization's mission of guiding clients to successful outcomes. e-
VA's web-based capabilities allow for bi-directional automated and on-
demand text and email communication between VA's VR&E counselors and 
Veterans who are seeking to use or are actively enrolled in VR&E 
programs. It provides program participants with the ability to submit 
documentation such as training certificates, training receipts, or 
employment verification documents using their mobile devices. It will 
also enable system-generated, interactive appointment scheduling, 
rescheduling and cancellation, plus keep Veterans updated by providing 
announcements and broadcast messages.
    CMS is a Software as a Service application that will be used to 
automate the application process for VR&E, assign and transfer claimant 
files between VR&E counselors and stations, communicate with claimants, 
manage and record awards and payments to claimants, provide metrics on 
VR&E services, and ensure appropriate access controls are enabled for 
the system. CMS's web-based capabilities allow for bi-directional, 
automated, and on-demand integration between CMS and numerous VA 
systems, improving the automation, consistency and efficiency of VR&E 
counselors' work with claimants. It will also enable interaction with 
the e-VA system to ensure the value of both technologies is available 
to the VR&E counselors.
    VA is also adding fiduciary records to this system as part of the 
retirement of legacy Beneficiary Fiduciary Field System (BFFS) that was 
covered under ``Supervised Fiduciary/Beneficiary and General 
Investigative Records--VA'' (37VA27). With the sunset of the BFFS 
system, Fiduciary records will be managed and stored in VBMS, which 
will serve as the primary application for the delivery of Fiduciary 
benefits to VA beneficiaries. In addition to the name, mailing address, 
Social Security number, medical record information, and financial 
information specific to VA Beneficiaries, VBMS will also store 
information on individuals/organizations serving as fiduciaries. This 
will include the name, mailing address, Social Security or tax 
identification number, and credit and criminal histories of 
individuals/organizations who are currently VA-appointed fiduciaries, 
who previously served as VA-appointed fiduciaries, or who were 
considered for service as VA-appointed fiduciaries. The purpose of 
maintaining these records is to qualify the individual/organization for 
service as a fiduciary and provide oversight of fiduciary activities. 
As such, additional Categories of Individuals, Categories of Records, 
Routine Uses, and other information specific to the VA Fiduciary 
program are being added to this system.
    VA is also proposing to add the Filipino Loyalty File as a type of 
record stored in this system. The Filipino Loyalty File is a group of 
records relating generally to the loyalty of Filipino nationals during 
the Japanese occupation of the Philippine Islands during World War II 
(WWII). Most of the records were created or collected by Army 
investigative or intelligence units after the War and are used to help 
determine eligibility for VA benefits for Filipino nationals who served 
on behalf of the American cause during the War.
    Additionally, VA is updating the name of the Virtual VA system to

[[Page 61859]]

Legacy Content Manager (LCM) due to its change in roles as a primary 
system used to process claims to a legacy system that is used to store 
documentation.
    Finally, VA is adding new Routine Uses 84 to authorize VA to 
disclose information from this system of records to telephone company 
operators acting in a capacity to facilitate phone calls to or for 
hearing-impaired Veterans and their agents, and Routine Uses 85 to 93 
to ensure better management and oversight of VA's Fiduciary program.

Signing Authority

    The Senior Agency Official for 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. Neil C. 
Evans, M.D., Chief Officer, Connected Care, Performing the Delegable 
Duties of the Assistant Secretary for Information and Technology and 
Chief Information Officer, approved this document on September 26, 2021 
for publication.

    Dated: November 3, 2021.
Amy L. Rose,
Program Analyst, VA Privacy Service, Office of Information Security, 
Office of Information and Technology, Department of Veterans Affairs.

SYSTEM NAME AND NUMBER:
    Compensation, Pension, Education, and Vocational Rehabilitation and 
Employment Records--VA (58VA21/22/28).

SECURITY CLASSIFICATION:
    This is an unclassified system.

SYSTEM LOCATION:
    Records are maintained at VA regional offices, VA centers, the VA 
Records Management Center (RMC), St. Louis, Missouri, the Data 
Processing Center at Hines, Illinois, the Corporate Franchise Data 
Center in Austin, Texas, the VA Insurance Center and the Information 
Technology Center at Philadelphia, Pennsylvania, and Terremark 
Worldwide, Inc., Federal Hosting Facilities in Culpepper, Virginia, 
Miami, Florida, and in the VA Enterprise Cloud (VAEC) AWS GovCloud 
regions in Oregon and Ohio. Active educational assistance records are 
generally maintained at the regional processing office having 
jurisdiction over the educational institution, training establishment, 
or other entity where the claimant pursues or intends to pursue 
training.
    The automated individual employee productivity records are 
temporarily maintained at the VA data processing facility serving the 
office in which the employee is located. Records provided to the 
Department of Housing and Urban Development (HUD) for inclusion on its 
Credit Alert Interactive Voice Response System (CAIVRS) are located at 
a data processing center under contract to HUD at Lanham, Maryland. 
Address locations of VA facilities are listed at: VA Locations Link.

SYSTEM MANAGER(S):
    Executive Director, Compensation Service (21C), 810 Vermont Avenue 
NW, VA Central Office, Washington, DC 20420.
    Executive Director, Pension and Fiduciary Service (21PF), 810 
Vermont Avenue NW, VA Central Office, Washington, DC 20420.
    Executive Director, Education Service (22), 810 Vermont Avenue NW, 
VA Central Office, Washington, DC 20420.
    Executive Director, Veteran Readiness and Employment Service (28), 
810 Vermont Avenue NW, VA Central Office, Washington, DC 20420.

AUTHORITY FOR MAINTENANCE OF THE SYSTEM:
    Title 10 U.S.C. chapters 106a, 510, 1606 and 1607 and title 38, 
U.S.C. Sec.  501(a) and Chapters 3, 11, 13, 15, 18, 19, 21, 23, 30, 31, 
32, 33, 34, 35, 36, 37, 39, 51, 53, 55 and 77. Title 5 U.S.C. 5514.

PURPOSE(S) OF THE SYSTEM:
    VA gathers or creates these records in order to enable it to 
administer statutory benefits programs to Veterans, Service Members, 
Reservists, and their spouses, surviving spouses, and dependents, who 
file claims for a wide variety of Federal Veteran's benefits 
administered by VA. See the statutory provisions cited in ``Authority 
for maintenance of the system.''

CATEGORIES OF INDIVIDUALS COVERED BY THE SYSTEM:
    The following categories of individuals are covered by this system.
    1. Veterans who have applied for compensation for service-connected 
disability under title 38 U.S.C. chapter 11.
    2. Veterans who have applied for nonservice-connected disability 
under title 38 U.S.C. chapter 15.
    3. Veterans entitled to burial benefits under title 38 U.S.C. 
chapter 23.
    4. Surviving spouses and children who have claimed pension based on 
nonservice-connected death of a Veteran under title 38 U.S.C. chapter 
15.
    5. Surviving spouses and children who have claimed death 
compensation based on service-connected death of a Veteran under title 
38 U.S.C. chapter 11.
    6. Surviving spouses and children who have claimed dependency and 
indemnity compensation for service-connected death of a Veteran under 
title 38 U.S.C. chapter 13.
    7. Parents who have applied for death compensation based on 
service-connected death of a Veteran under title 38 U.S.C. chapter 11.
    8. Parents who have applied for dependency and indemnity 
compensation for service-connected death of a Veteran under title 38 
U.S.C. chapter 13.
    9. Individuals who applied for educational assistance benefits 
administered by VA under title 38 U.S.C.
    10. Individuals who applied for educational assistance benefits 
maintained by the Department of Defense (DoD) under title 10 U.S.C. 
that are administered by VA.
    11. Veterans who apply for training and employers who apply for 
approval of their programs under the provisions of the Emergency 
Veterans' Job Training Act of 1983, Public Law 98-77.
    12. Any VA employee who generates or finalizes adjudicative actions 
using the Benefits Delivery Network (BDN), the Veterans Service Network 
(VETSNET), CMS, or Veterans Benefits Management System (VBMS) computer 
processing systems.
    13. Veterans who apply for training and employers who apply for 
approval of their programs under the provisions of the Service Members 
Occupational Conversion and Training Act of 1992, Public Law 102-484.
    14. Representatives of individuals covered by the system.
    15. Fee personnel who may be paid by the VA or by someone other 
than the VA (e.g., appraisers, compliance inspectors, management 
brokers, loan closing and fee attorneys who are not VA employees but 
are paid for actual case work performed).
    16. Program participants (e.g., property management brokers and 
agents, real estate sales brokers and agents, participating lenders and 
their employees, title companies whose fees are paid by someone other 
than the VA, and manufactured home dealers, manufacturers, and 
manufactured home park or subdivision owners).
    17. Disabled veterans who have applied for and received specially 
adapted housing assistance under title 38, U.S.C. chapter 21.
    18. Veterans, their spouses or unmarried surviving spouses who have 
applied for and received VA housing credit assistance under title 38, 
U.S.C., chapter 37.

[[Page 61860]]

    19. Person(s) applying to purchase VA owned properties (vendee 
loans).
    20. Transferee owners of properties encumbered by a VA-guaranteed, 
insured, direct or vendee loan (e.g., individuals who have assumed a 
VA-guaranteed loan and those who have purchased property directly from 
the VA).
    21. Individuals other than those previously identified who may have 
applied for loan guarantee benefits.
    22. Veterans (not including dependents) and members of the 
uniformed services (including dependents) who have applied for and/or 
have been issued government life insurance.
    23. Beneficiaries of government life insurance entitled to or in 
receipt of insurance proceeds.
    24. Attorneys drawing fees for aiding in settlement of VA insurance 
claims. The individuals noted above are covered by this system based on 
applications, claims, and notices of eligibility for the following 
government life insurance programs provided in title 38 U.S.C. chapters 
19 and 21:
    (1) U.S. Government Life Insurance (USGLI) under Section 1942.
    (2) National Service Life Insurance (NSLI) under Section 1904.
    (3) Veterans' Special Life Insurance (VSLI) under Section 1923.
    (4) Veterans' Reopened Insurance (VRI) under Section 1925.
    (5) Service-Disabled Veterans Insurance (S-DVI) under Section 1922 
and 1922A.
    (6) Veterans' Mortgage Life Insurance (VMLI) under Section 2106.
    (7) Servicemembers' Group Life Insurance (SGLI), including Family 
Servicemembers' Group Life Insurance (FSGLI), Veterans' Group Life 
Insurance (VGLI), and Servicemembers' Group Life Insurance Traumatic 
Injury Protection.
    (8) (TSGLI) under Sections 1967 through 1980A.
    25. VA Fiduciary beneficiaries (i.e., a veteran or a non-veteran 
adult who receives VA monetary benefits, lacks the mental capacity to 
manage his or her own financial affairs regarding disbursement of funds 
without limitation, and is either rated incapable of managing his or 
her financial affairs or adjudged to be under legal disability by a 
court of competent jurisdiction; or a child who has not reached 
majority under State law and receives VA monetary benefits).
    26. Current, former, and prospective VA-appointed fiduciaries 
(i.e., a VA Federal fiduciary appointed by VA to serve as fiduciary of 
VA monetary benefits for a VA beneficiary determined unable to manage 
his or her financial affairs; or a person or legal entity appointed by 
a State or foreign court to supervise the person and/or payee of a VA 
beneficiary adjudged to be under a legal disability). The statutory 
title of a court-appointed fiduciary may vary from State to State.
    27. A chief officer of a hospital, domiciliary, institutional or 
nursing home care facility where a beneficiary, who VA has determined 
is unable to manage his or her financial affairs, is receiving care and 
who has contracted to use the veteran's VA funds in a specific manner.
    28. Supervised Direct Payment (SDP) (i.e., an adult beneficiary in 
the fiduciary program who manages his or her VA benefits with limited 
and temporary supervision based upon a field examination and subsequent 
to determination by the hub manager pertaining to benefits eligibility 
and other issues; or, to develop evidence for further investigations of 
potential criminal issues).
    29. Physicians named in treatment records and financial managers or 
attorneys who help disperse funds for VA beneficiaries deemed unable to 
manage those funds.

CATEGORIES OF RECORDS IN THE SYSTEM:
    The record, or information contained in the record, may include 
identifying information (e.g., name, address, social security number); 
military service and active duty separation information (e.g., name, 
service number, date of birth, rank, sex, total amount of active 
service, branch of service, character of service, pay grade, assigned 
separation reason, service period, whether Veteran was discharged with 
a disability, reenlisted, received a Purple Heart or other military 
decoration); payment information (e.g., Veteran payee name, address, 
dollar amount of readjustment service pay, amount of disability or 
pension payments, number of nonpay days, any amount of indebtedness 
(accounts receivable) arising from title 38 U.S.C. benefits and which 
are owed to the VA); medical information (e.g., medical and dental 
treatment in the Armed Forces including type of service-connected 
disability, medical facilities, or medical or dental treatment by VA 
health care personnel or received from private hospitals and health 
care personnel relating to a claim for VA disability benefits or 
medical or dental treatment); personal information (e.g., marital 
status, name and address of dependents, internet protocol addresses, 
occupation, amount of education of a Veteran or a dependent, 
dependent's relationship to Veteran); education benefit information 
(e.g., information arising from utilization of training benefits such 
as a Veteran trainee's induction, reentrance or dismissal from a 
program or progress and attendance in an education or training 
program); applications for compensation, pension, education and 
vocational rehabilitation benefits and training which may contain 
identifying information, military service and active duty separation 
information, payment information, medical and dental information, 
personal and education benefit information relating to a Veteran or 
beneficiary's incarceration in a penal institution (e.g., name of 
incarcerated Veteran or beneficiary, claims file number, name and 
address of penal institution, date of commitment, type of offense, 
scheduled release date, Veteran's date of birth, beneficiary 
relationship to Veteran and whether Veteran or beneficiary is in a work 
release or half-way house program, on parole or has been released from 
incarceration); case notes from the e-VA application created from email 
and text message correspondence through the application; degree audits 
and copies of grades for Veterans and dependents enrolled in school; 
training records for Veterans and dependents participating in training 
programs. The Filipino Loyalty file (the File) consists of 
correspondence, memoranda, reports, affidavits, depositions, press 
clippings, rosters, photographs, and other papers accumulated by post-
WWII U.S. Army investigative and intelligence units. The File relates 
to anti-Japanese resistance activities in the Philippines, Filipino 
collaboration with the Japanese, wartime guerrilla activities, and 
instances of real or suspected Communist activities.
    The VA employee's BDN, VETSNET or VBMS identification numbers, the 
number and kind of actions generated and/or finalized by each such 
employee, the compilation of cases returned for each employee.
    Records (or information contained in records) may also include: 
Applications for certificates of eligibility (these applications 
generally contain information from a veteran's military service records 
except for character of discharge); applications for Federal Housing 
Administration (FHA) Veterans' low-down payment loans (these 
applications generally contain information from a Veteran's military 
service records including whether or not a veteran is in the service); 
applications for a guaranteed or direct loan, applications for release 
of liability, applications for substitutions of VA entitlement and 
applications for specially adapted housing (these applications 
generally contain

[[Page 61861]]

information relating to employment, income, credit, personal data; 
e.g., social security number, marital status, number and identity of 
dependents; assets and liabilities at financial institutions, 
profitability data concerning business of self-employed individuals, 
information relating to an individual Veteran's loan account and 
payment history on a VA-guaranteed, direct, or vendee loan on an 
acquired property, medical information when specially adapted housing 
is sought, and information regarding whether a Veteran owes a debt to 
the United States) and may be accompanied by other supporting documents 
which contain the above information; applications for the purchase of a 
VA acquired property (e.g., vendee loans--these applications generally 
contain personal and business information on a prospective purchaser 
such as social security number, credit, income, employment history, 
payment history, business references, personal information and other 
financial obligations and may be accompanied by other supporting 
documents which contain the above information); loan instruments 
including deeds, notes, installment sales contracts, and mortgages; 
property management information; e.g., condition and value of property, 
inspection reports, certificates of reasonable value, correspondence 
and other information regarding the condition of the property 
(occupied, vandalized), and a legal description of the property; 
information regarding VA loan servicing activities regarding default, 
repossession and foreclosure procedures, assumability of loans, payment 
of taxes and insurance, filing of judgments (liens) with State or local 
authorities and other related matters in connection with active and/or 
foreclosed loans; information regarding the status of a loan (e.g., 
approved, pending or rejected by the VA); Applications by individuals 
to become VA-approved fee basis appraisers, compliance inspector, fee 
attorneys, or management brokers. These applications include 
information concerning applicant's name, address, business phone 
numbers, social security numbers or taxpayer identification number, and 
professional qualifications; applications by non-supervised lenders for 
approval to close guaranteed loans without the prior approval of VA 
(automatically); applications by lenders supervised by Federal or State 
agencies for designation as supervised automatic lenders in order that 
they may close loans without the prior approval (automatically) of the 
VA; applications for automatic approval or designation contain 
information concerning the corporate structure of the lender, 
professional qualifications of the lender's officers or employees, 
financial data such as profit and loss statements and balance sheets to 
insure the firm's financial integrity; identifying information such as 
names, business names (if applicable), addresses, phone numbers and 
professional resumes of corporate officials or employees; corporate 
structure information on prior approval lenders, participating real 
estate sales brokers or agents, developers, builders, investors, 
closing attorneys or other program participants as necessary to carry 
out the functions of the Loan Guaranty Program; records of performance 
concerning appraisers, compliance inspectors, management brokers, or 
fee attorneys on both firms and individual employees; records of 
performance including disciplinary proceedings, concerning program 
participants; e.g., lenders, investors, real estate brokers, builders, 
fee appraisers, compliance inspectors and developers both as to the 
firm and to individual employees maintained on an as-needed basis to 
carry out the functions of the Loan Guaranty program; National Control 
Lists which identify suspended real estate brokers and agents, lenders 
and their employees, investors, manufactured home dealers and 
manufacturers, and builders or developers; and a master record of the 
National Control List (e.g., Master Control List) which includes 
information regarding parties previously suspended but currently 
reinstated to participation in the Loan Guaranty program in addition to 
all parties currently suspended.
    Life insurance records (or information contained in records) may 
consist of:
    1. Applications for insurance, including the name and address of 
the Veteran or member of the uniformed services, email address, phone 
number, correspondence to and from the veteran or member of the 
uniformed services or their legal representatives, date of birth, 
social security number, military service number, dates of service, 
military ranking, character of discharge, VA file number, plan or type 
of insurance, disability rating, medical information regarding 
disability and health history, method of payment, amount of insurance 
coverage requested, and bank routing and account numbers. Applications 
for Veterans' Mortgage Life Insurance (VMLI), including supporting 
mortgage documents, contain the address of the mortgaged property, name 
and address of the mortgagor, the mortgage account number, the rate of 
interest, the original amount of the mortgage, and the current amount 
of the mortgage, the monthly payment amount, the mortgage payment 
period, and VA Specially Adapted Grant Cards (which contain the 
Veteran's or uniformed services member's name, address, dates of 
military service, branch of service, method of separation, whether the 
Veteran or member of the uniformed services has VMLI, the name and 
address of the lender, the legal description and property address, 
improvements to such property, date applied for disability 
compensation, date of initial application submission, grant 
information, amount of the grant approved or whether the grant was 
denied or canceled).
    2. Beneficiary and option designation information, including the 
names and addresses of principal and contingent beneficiaries, 
beneficiary social security number, share amount to each beneficiary, 
the method of payment, and the designated estate(s) and trust(s).
    3. Insurance contract information, including: (a) Authorization of 
allotment payment; (b) authorization for deduction from VA benefit 
payments; (c) authorization for deduction from military retired pay; 
(d) authorization for deduction from employee payroll; (e) paid 
dividend information; (f) claims for disability or death payments; (g) 
cash value, policy loan, and lien information; (h) a listing of lapsed 
actions and unpaid insurance proceeds; (i) payment vouchers; (j) 
reinstatement information; (k) premium records status, and retired 
status of the policy; (l) court-martial orders; (m) copies of personal 
papers of the insured, including birth certificate, marriage license, 
divorce decree, citizen or naturalization papers, death certificate, 
adoption decree, and family support documents; (n) correspondence to 
and from the Veteran, member of the uniformed services, legal 
representative and payee; (o) employment information; (p) returned 
check and check tracer information; (q) court documents; and (r) 
insurance death claims settlement information, including indebtedness, 
interest, and other credits.
    4. Records of checks withheld from delivery to certain foreign 
countries.
    5. Index of payees, including CO index cards and premium record 
cards.
    6. Disability Outreach Tracking System (DOTS) records stored in the 
Veterans Insurance Claims Tracking and Response System (VICTARS) 
including the Veteran's or uniformed services member's name, address, 
phone number, and disability status.
    7. Policy information and access history from the VA Insurance 
website self-service-portal stored in VICTARS, which includes the name 
of the insured,

[[Page 61862]]

file number, policy number, address, phone number, email address, loan 
status, including loan amount requested, denied, or pending, the date 
of request for information, loan history, policy changes, dividend 
option changes, and VA Insurance website pages accessed.
    8. Information from the VA Insurance website, which provides access 
to Veterans for completion of an application for Service-Disabled 
Veterans Insurance (S-DVI), which includes the Veteran's name, address, 
social security number, date of birth, phone number, medical history, 
email address, and beneficiary information, such as the beneficiary's 
name, address, and social security number.
    Fiduciary Records (or information contained in records) may consist 
of:
    1. Field examination reports (i.e., VA Form 27-4716a or 27-3190, 
Field Examination Request and Report, which contains a VA beneficiary's 
name, address, Social Security number, VA file number, an assessment of 
the beneficiary's ability to handle VA and non-VA funds, description of 
family relationships, economic and social adjustment information, 
information on the beneficiary's activities, and the name, address, and 
assessment of the performance of a VA-appointed fiduciary).
    2. Correspondence from and to a VA beneficiary, a VA-appointed 
fiduciary, and other interested third parties.
    3. Medical records (i.e., medical and social work reports generated 
in VA, State, local, or private medical treatment facilities or private 
physicians' offices indicating the medical history of a VA beneficiary, 
including diagnosis, treatment and nature of any physical or mental 
disability).
    4. Financial records (e.g., accountings regarding a fiduciary's 
management of a beneficiary's income, investments, and accumulated 
funds, amount of monthly benefits received, amounts charged for fees by 
the fiduciary, certificates of balance on accounts from financial 
institutions, and withdrawal agreements between VA, financial 
institutions, and the fiduciary).
    5. Court documents (e.g., petitions, court orders).
    6. Agreements to serve as a VA Federal fiduciary.
    7. Information pertaining to individuals, including companies and 
other entities, who previously served as a VA-appointed fiduciary.
    8. Information related to the qualification and appointment of 
individuals, including companies and other entities, considered by VA 
for appointment as a fiduciary.
    9. Photographs of people (beneficiaries who VA has determined are 
unable to manage their financial affairs, fiduciaries, and other 
persons who are the subject of a VA investigation), places, and things.
    10. Fingerprint records.
    11. SSA records containing information about the type and amount of 
SSA benefits paid to beneficiaries who are eligible to receive benefits 
under both VA and SSA eligibility criteria, records containing 
information developed by SSA about SSA beneficiaries who are in need of 
representative payees, accountings provided to SSA, and records 
containing information about SSA representative payees. Also contained 
in this system are copies of non-fiduciary program investigation 
records. These records are reports of field examinations or 
investigations performed at the request of any organizational element 
of VA about any subject under the jurisdiction of VA other than a 
fiduciary issue. In addition to copies of the reports, records may 
include copies of exhibits or attachments such as photographs of 
people, places, and things; sworn statements; legal documents involving 
loan guaranty transactions, bankruptcy, and debts owed to VA; accident 
reports; birth, death, and divorce records; certification of search for 
vital statistics documents; beneficiary's financial statements and tax 
records; immigration information; and newspaper clippings.

RECORD SOURCE CATEGORIES:
    Veterans, Servicemembers, Reservists, spouses, surviving spouses, 
dependents and other beneficiaries of the Veteran, accredited service 
organizations and other VA-approved representatives of the Veteran, VA-
supervised fiduciaries (e.g., VA Federal fiduciaries, court-appointed 
fiduciaries), military service departments, VA medical facilities and 
physicians, private medical facilities and physicians, education and 
rehabilitation training establishments, State and local agencies, other 
Federal agencies including the Department of Defense (DoD), Social 
Security Administration (SSA); U.S. Treasury Department, State, local, 
and county courts and clerks, Federal, State, and local penal 
institutions and correctional facilities, other third parties and other 
VA records, Office of Servicemembers' Group Life Insurance (OSGLI); 
commercial insurance companies; undertakers; lending institutions 
holding a veteran's or uniformed services member's mortgage; VA Loan 
Guaranty records; contractors remodeling or enlarging or adding 
construction to existing homes; relatives and other interested persons; 
Westlaw and InfoUSA; Inquiry Routing & Information System (IRIS) 
(maintained under System of Records ``151VA005OP6'' by the Office of 
Information &Technology), brokers and builder/sellers, credit and 
financial reporting agencies, an applicant's credit sources, depository 
institutions and employers, independent auditors and accountants, 
hazard insurance companies, taxing authorities, title companies, fee 
personnel, business and professional organizations, the general public, 
and other parties of interest involving VA-guaranteed, insured, vendee 
or direct loans or specially adapted housing; VA Fiduciary 
beneficiaries, VA beneficiaries' dependents, VA-appointed fiduciaries, 
individuals who were previously VA-appointed fiduciaries, individuals 
who VA considered for service as a VA-appointed fiduciary but did not 
select, field examiners, legal instrument examiners, fiduciary program 
personnel, third parties, other Federal, State, and local agencies, and 
VA records.

ROUTINE USES OF RECORDS MAINTAINED IN THE SYSTEM, INCLUDING CATEGORIES 
OF USERS AND PURPOSES OF SUCH USES:
    Note: To the extent that records contained in this system include 
individually-identifiable patient information protected by 38 U.S.C. 
7332, that information cannot be disclosed under a routine use unless 
there is also specific disclosure authority in 38 U.S.C. 7332.
    1. Congress: VA may disclose information to a Member of Congress or 
staff acting upon the Member's behalf when the Member or staff requests 
the information on behalf of, and at the request of, the individual who 
is the subject of the record.
    2. Data breach response and remediation, for VA: VA may disclose 
information to appropriate agencies, entities, and persons when (1) VA 
suspects or has confirmed that there has been a breach of the system of 
records,[middot] (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's efforts to respond to the suspected or 
confirmed breach or to prevent, minimize, or remedy such harm.
    3. Data breach response and remediation, for another Federal

[[Page 61863]]

agency: VA may disclose information to another Federal agency or 
Federal entity, when VA determines that the information 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 that, either alone 
or in conjunction with other information, indicates a violation or 
potential violation of law, whether civil, criminal, or regulatory in 
nature, to a Federal, state, local, territorial, tribal, or foreign law 
enforcement authority or other appropriate entity charged with the 
responsibility of investigating or prosecuting such violation or 
charged with enforcing or implementing such law. The disclosure of the 
names and addresses of Veterans and their dependents from VA records 
under this routine use must also comply with the provisions of 38 
U.S.C. 5701.
    5. DOJ for Litigation or Administrative Proceeding: VA may disclose 
information to the Department of Justice (DoJ), or in a proceeding 
before a court, adjudicative body, or other administrative body before 
which VA is authorized to appear, when:
    (a) VA or any component thereof;
    (b) Any VA employee in his or her official capacity;
    (c) Any VA employee in his or her official capacity where DoJ has 
agreed to represent the employee; or
    (d) The United States, where VA determines that litigation is 
likely to affect the agency or any of its components, is a party to 
such proceedings or has an interest in such proceedings, and VA 
determines that use of such records is relevant and necessary to the 
proceedings.
    6. Contractors: VA may disclose information to contractors, 
grantees, experts, consultants, students, and others performing or 
working on a contract, service, grant, cooperative agreement, or other 
assignment for VA, when reasonably necessary to accomplish an agency 
function related to the records.
    7. Office of Personnel Management (OPM): VA may disclose 
information to the Office of Personnel Management (OPM) in connection 
with the application or effect of civil service laws, rules, 
regulations, or OPM guidelines in particular situations.
    8. Equal Employment Opportunity Commission (EEOC): VA may disclose 
information to the Equal Employment Opportunity Commission (EEOC) 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.
    9. Federal Labor Relations Authority (FLRA): VA may disclose 
information to the Federal Labor Relations Authority (FLRA) in 
connection with: The investigation and resolution of allegations of 
unfair labor practices, the resolution of exceptions to arbitration 
awards when a question of material fact is raised; matters before the 
Federal Service Impasses Panel; and the investigation of representation 
petitions and the conduct or supervision of representation elections.
    10. Merit Systems Protection Board (MSPB): VA may disclose 
information to the Merit Systems Protection Board (MSPB) and the Office 
of the Special Counsel in connection with appeals, special studies of 
the civil service and other merit systems, review of rules and 
regulations, investigation of alleged or possible prohibited personnel 
practices, and such other functions promulgated in 5 U.S.C. 1205 and 
1206, or as authorized by law.
    11. National Archives and Records Administration (NARA): VA may 
disclose information to NARA in records management inspections 
conducted under 44 U.S.C. 2904 and 2906, or other functions authorized 
by laws and policies governing NARA operations and VA records 
management responsibilities.
    12. Governmental Agencies, for VA Hiring, Security Clearance, 
Contract, License, Grant: VA may disclose information to a Federal, 
state, local, or other governmental agency maintaining civil or 
criminal violation records, or other pertinent information, such as 
employment history, background investigations, or personal or 
educational background, to obtain information relevant to VA's hiring, 
transfer, or retention of an employee, issuance of a security 
clearance, letting of a contract, or issuance of a license, grant, or 
other benefit. The disclosure of the names and addresses of veterans 
and their dependents from VA records under this routine use must also 
comply with the provisions of 38 U.S.C. 5701.
    13. State or Local Agencies, for Employment: VA may disclose 
information to a state, local, or other governmental agency, upon its 
official request, as relevant and necessary to that agency's decision 
on the hiring, transfer, or retention of an employee, the issuance of a 
security clearance, the letting of a contract, or the issuance of a 
license, grant, or other benefit by that agency. The disclosure of the 
names and addresses of veterans and their dependents from VA records 
under this routine use must also comply with the provisions of 38 
U.S.C. 5701.
    14. VA may disclose on its own initiative any information in this 
system, except the names and home addresses of individuals, that are 
relevant to a suspected violation or reasonably imminent violation of 
law, whether civil, criminal or regulatory in nature and whether 
arising by general or program statue or by regulation, rule or order 
issued pursuant thereto, to a Federal, State, local, tribal, or foreign 
agency charged with the responsibility of investigating or prosecuting 
such violation, or charged with enforcing or implementing the statute, 
rule, regulation or order.
    15. VA may disclose on its own initiative the names and addresses 
of individuals, that are relevant to a suspected violation or 
reasonably imminent violation of law, whether civil, criminal or 
regulatory in nature and whether arising by general or program statute 
or by regulation, rule or order issued pursuant thereto, to a Federal 
agency charged with the responsibility of investigating or prosecuting 
such violation or charged with enforcing or implementing the statue, 
regulation, rule or order.
    16. The name and address of an individual, which is relevant to a 
suspected violation or reasonably imminent violation of law concerning 
public health or safety, whether civil, criminal or regulatory in 
nature an whether arising by general or program statute or by 
regulation, rule or order issued pursuant thereto, may be disclosed to 
any foreign, State or local governmental agency or instrumentality 
charged under applicable law with the protection of the public health 
or safety if a qualified representative of such organization, agency or 
instrumentality has made a written request that such name and address 
be provided for a purpose authorized by law.
    17. The name, address, entitlement code (e.g., compensation or 
pension), period(s) of service, sex, and date(s) of discharge may be 
disclosed to any nonprofit organization if the release is directly 
connected with the conduct of programs and the utilization of benefits 
under title 38 U.S.C. Disclosures may be in the form of a computerized 
list.
    18. Any information in this system, except for the name and address 
of an individual, may be disclosed to a

[[Page 61864]]

Federal agency in order for VA to obtain information relevant to the 
issuance of a benefit under title 38 U.S.C. The name and address of an 
individual may be disclosed to a Federal agency under this routine use 
if they are required by the Federal agency to respond to the VA 
inquiry.)
    19. Any information in this system may be disclosed in connection 
with any proceeding for the collection of an amount owed to the United 
States by virtue of a person's participation in any benefit program 
administered by VA when in the judgment of the Secretary, or official 
generally delegated such authority under standard agency delegation of 
authority rules (38 CFR 2.6), such disclosure is deemed necessary and 
proper, in accordance with title 38 U.S.C. 5701(b)(6).
    20. Consumer Reporting Agencies: VA may disclose information as is 
reasonably necessary to identify such individual or concerning that 
individual's indebtedness to the United States by virtue of the 
person's participation in a benefits program administered by the 
Department, to a consumer reporting agency for the purpose of locating 
the individual, obtaining a consumer report to determine the ability of 
the individual to repay an indebtedness to the United States, or 
assisting in the collection of such indebtedness, provided that the 
provisions of 38 U.S.C. 57019(g)(2) and (4) have been met.
    21. The name and address of an individual, and other information as 
is reasonably necessary to identify such individual, including personal 
information obtained from other Federal agencies through computer 
matching programs, and any information concerning the individual's 
indebtedness to the United States by virtue of the person's 
participation in a benefits program administered by VA, may be 
disclosed to a consumer reporting agency for purposes of assisting in 
the collection of such indebtedness, provided that the provisions of 
title 31 U.S.C. 3701-3702 and 3711-3718; and 38 U.S.C. 5701(g)(4) have 
been met.
    22. Any information in this system, including available identifying 
information regarding the debtor, such as name of debtor, last known 
address of debtor, VA insurance number, VA loan number, VA claim 
number, place of birth, date of birth of debtor, name and address of 
debtor's employer or firm and dates of employment may be disclosed, 
under this routine use, except to consumer reporting agencies, to a 
third party in order to obtain current name, address, locator, and 
credit report in connection with any proceeding for the collection of 
an amount owed to the United States by virtue of a person's 
participation in any VA benefit program when in the judgment of the 
Secretary such disclosure is deemed necessary and proper. This purpose 
is consistent with the Federal Claims Collection Act of 1966 (Pub. L. 
89-508, title 31 U.S.C. 951-953 and 4 CFR parts 101-105 and title 38 
U.S.C. 5701(b)(6)).
    23. Any information in this system, including the nature and amount 
of a financial obligation, may be disclosed to a debtor's employing 
agency or commanding officer so that the debtor- employee may be 
counseled by his or her Federal employer or commanding officer and to 
assist in the collection of unpaid financial obligations owed VA.
    24. Payment information may be disclosed to the Department of the 
Treasury, in accordance with its official request, to permit delivery 
of benefit payments to Veterans or other beneficiaries.
    25. Medical information may be disclosed in response to a request 
from the superintendent of a State hospital for psychotic patients, a 
commissioner or head of a State department of mental hygiene, or a head 
of a State, county or city health department or any fee basis physician 
or sharing institution in direct connection with authorized treatment 
for a Veteran, provided the name of the individual to whom the record 
pertains is given and the information will be treated as confidential, 
as is customary in civilian professional medical practice.
    26. The name, address, VA file number, effective date of 
compensation or pension, current and historical benefit pay amounts for 
compensation or pension, service information, date of birth, competency 
payment status, incarceration status, and social security number of 
Veterans and their surviving spouses may be disclosed to the following 
agencies upon their official request: Department of Defense (DoD); 
Defense Manpower Data Center; Marine Corps; Department of Homeland 
Security; Coast Guard; Public Health Service; National Oceanic and 
Atmospheric Administration and Commissioned Officer Corps in order for 
these departments and agencies and VA to reconcile the amount and/or 
waiver of service, department and retired pay. These records may also 
be disclosed as a part of an ongoing computer-matching program to 
accomplish these purposes. This purpose is consistent with title 10 
U.S.C. 12316, title 38 U.S.C. 5304 and title 38 U.S.C. 5701.
    27. The amount of pension, compensation, dependency and indemnity 
compensation, educational assistance allowance, retirement pay and 
subsistence allowance of any individual identified to VA may be 
disclosed to any person who applies for such information as authorized 
by 38 U.S.C. 5701(c)(1).
    28. Identifying, personal, payment and medical information may be 
disclosed to a Federal, State, or local government agency at the 
request of a Veteran in order to assist the Veteran and ensure that all 
of the title 38 U.S.C. or other benefits to which the Veteran is 
entitled are received. This information may also be disclosed upon the 
request from a Federal agency, or to a State or local agency, provided 
the name and address of the Veteran is given beforehand by the 
requesting agency, in order to assist the Veteran in obtaining a non-
title 38 U.S.C. benefit to which the Veteran is entitled. These records 
may also be disclosed as part of an ongoing computer-matching program 
to accomplish this purpose.
    29. Any information in this system, which directly affects payment 
or potential payment of benefits to contesting claimants, including 
parties claiming an apportioned share of benefits, may be coequally 
disclosed to each affected claimant upon request from that claimant in 
conjunction with the claim for benefits sought or received.
    30. Any information in this system, such as identifying 
information, nature of a claim, amount of benefit payments, percentage 
of disability, income and medical expense information maintained by VA 
which is used to determine the amount payable to recipients of VA 
income-dependent benefits and personal information, may be disclosed to 
the Social Security Administration (SSA), upon its official request, in 
order for that agency to determine eligibility regarding amounts of 
social security benefits, or to verify other information with respect 
thereto. These records may also be disclosed as part of an ongoing 
computer-matching program to accomplish this purpose.
    31. VA may disclose an individual's identifying information to an 
educational institution, training establishment, or other entity which 
administers programs approved for VA educational assistance in order to 
assist the individual in completing claims forms, to obtain information 
necessary to adjudicate the individual's claim, or to monitor the 
progress of the individual who is pursuing or intends to pursue 
training at the request of the appropriate institution, training 
establishment, or

[[Page 61865]]

other entity administrating approved VA educational programs or at the 
request of the Veteran.
    32. Researchers, for Research: VA may disclose information from 
this system to epidemiological and other research facilities approved 
by the Under Secretary for Health for research purposes determined to 
be necessary and proper, provided that the names and addresses of 
veterans and their dependents will not be disclosed unless those names 
and addresses are first provided to VA by the facilities making the 
request.
    33. VA may disclose information to a Federal agency for the purpose 
of conducting research and data analysis to perform a statutory purpose 
of that Federal agency upon the prior written request of that agency.
    34. 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.
    35. Identifying and payment information may be disclosed, upon the 
request of a Federal agency, to a State or local government agency, to 
determine a beneficiary's eligibility under programs provided for under 
Federal legislation and for which the requesting Federal agency has 
responsibility. These records may also be disclosed as a part of an 
ongoing computer-matching program to accomplish these purposes. This 
purpose is consistent with title 38 U.S.C. 5701.
    36. 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.
    37. 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 as relevant 
and necessary to fulfill the duties of the fiduciary or guardian ad 
litem.
    38. VA may disclose information to another federal agency, court, 
or party in litigation before a court or in an administrative 
proceeding conducted by a Federal agency, when the government is a 
party to the judicial or administrative proceeding.
    39. Any information in this system including the name, social 
security number, date of birth, delimiting date and remaining 
entitlement of VA educational benefits, may be disclosed to the 
Department of Education (ED) upon its official request, or contractor 
thereof, for specific use by the ED to validate information regarding 
entitlement to VA benefits which is submitted by applicants who request 
educational assistance grants from the ED. The ED or contractor thereof 
will not use such information for any other purpose. These records may 
also be disclosed as part of an ongoing computer-matching program to 
accomplish this purpose.
    40. VA may, at the request of the individual, disclose identifying 
information of an individual who is pursuing or intends to pursue 
training at an educational institution, training establishment, or 
other entity which administers programs approved for VA educational 
assistance in order for the VA to obtain sufficient information 
necessary to pay that individual or the educational or training 
establishment the correct monetary amounts in an expeditious manner. 
However, information will not be provided under this routine use to an 
educational institution, training establishment, or other entity when 
the request is clearly an attempt by that establishment to seek 
assistance in collection attempts against the individual.
    41. Identifying information and information regarding the 
induction, reentrance and dismissal of a disabled Veteran from a 
vocational rehabilitation program may be disclosed at the request of 
the Veteran to a VA-approved vocational rehabilitation training 
establishment to ensure that the trainee receives the maximum benefit 
from training.
    42. Identifying information and information regarding the extent 
and nature of a Veteran's disabilities with respect to any limitations 
to be imposed on the Veteran's vocational programs may be disclosed at 
the request of the Veteran to a VA-approved vocational rehabilitation 
training establishment to ensure that the trainee receives the maximum 
benefit from training.
    43. Information regarding the type and amount of training/education 
received, and the name and address of a Veteran, may be disclosed at 
the request of a Veteran to local and State agencies and to prospective 
employers in order to assist the Veteran in obtaining employment or 
further training.
    44. The name, claims file number and any other information relating 
to a Veteran's or beneficiary's incarceration in a penal institution 
and information regarding a dependent's right to a special 
apportionment of the incarcerated individual's VA benefit payment may 
be disclosed to those dependents who may be eligible for entitlement to 
such apportionment in accordance with title 38 U.S.C. 5313 and Sec.  
5307.
    45. The name, claims file number and any other information relating 
to an individual who may be incarcerated in a penal institution may, 
pursuant to an arrangement, be disclosed to penal institutions or to 
correctional authorities in order to verify information concerning the 
individual's incarceration status. The disclosure of this information 
is necessary to determine that individual's continuing eligibility as 
authorized under title 38 U.S.C. 5313, Sec.  5307. These records may 
also be disclosed as part of an ongoing computer-matching program to 
accomplish this purpose.
    46. VA may disclose information from this system to other federal 
agencies for the purpose of conducting computer matches to obtain 
information to determine or verify eligibility of veterans receiving VA 
benefits or medical care under Title 38, U.S.C.
    47. Identifying, disability, and award (type, amount and reasons 
for award) information may be released to the Department of Labor (DOL) 
in order for the DOL to conduct a computer matching program against the 
Office of Workers' Compensation Programs Federal Employees Compensation 
File, DOL/ESA-13, published in 46 FR 12357 on February 13, 1981. This 
match will permit the DOL to verify a person's eligibility for DOL 
payments as well as to detect situations where recipients may be 
erroneously receiving concurrent multiple payments from the DOL and VA, 
to identify areas where legislative and regulatory amendments directed 
toward preventing overpayments are needed, and to collect debts owed to 
the United States Government. This matching program is performed 
pursuant to the DOL Inspector General's authority under Public Law 95-
452, section 4(a) to detect and prevent fraud and abuse.

[[Page 61866]]

This disclosure is consistent with title 38 U.S.C. 5701(b)(3).
    48. Treasury, to Report Waived Debt as Income: VA may disclose 
information concerning an individual's indebtedness that 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 as 
a report of income under 26 U.S.C. 61(a)(12).
    49. Identifying information, including social security number, 
except for the name and address, may be disclosed to a Federal, State, 
County or Municipal agency for the purpose of conducting computer 
matches to obtain information to validate the entitlement of an 
individual, who is receiving or has received Veterans' benefits under 
title 10 or title 38 U.S.C. The name and address of individuals may 
also be disclosed to a Federal agency under this routine use if 
required by the Federal agency in order to provide information.
    50. Identifying information, including the initials and abbreviated 
surname, the social security number, the date of birth and coding 
indicating the category of the individual's records, the degree of 
disability, the benefit program under which benefits are being paid and 
the computed amount of VA benefits for a calendar year may be released 
to the Department of the Treasury, and IRS, in order for IRS to conduct 
a computer matching program against IRS Forms 1040, Schedule R, Credit 
for the Elderly and the Permanently and Totally Disabled. This match 
will permit IRS to determine the eligibility for and the proper amount 
of Elderly and Disabled Credits claimed on IRS Form 1040, Schedule R. 
This matching program is performed pursuant to the provisions of 
Internal Revenue Code Section 7602. This disclosure is consistent with 
title 38 U.S.C. 5701(b)(3).
    51. Identifying information, such as name, social security number, 
VA claim number, date and place of birth, etc., in this system may be 
disclosed to an employer or school having information relevant to a 
claim in order to obtain information from the employer or school to the 
extent necessary to determine that eligibility for VA compensation or 
pension benefits continues to exist or to verify that there has been an 
overpayment of VA compensation or pension benefits. Any information in 
this system also may be disclosed to any of the above-entitled 
individuals or entities as part of ongoing computer matching programs 
to accomplish these purposes.
    52. Treasury, for Withholding: VA may disclose information 
concerning an individual's indebtedness by virtue of a person's 
participation in a benefits program administered by VA, to the 
Department of the Treasury for the collection of Title 38 benefit 
overpayments, overdue indebtedness, 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.
    53. Veterans' addresses which are contained in this system of 
records may be disclosed to the Defense Manpower Data Center, upon its 
official request, for military recruiting command needs, DoD civilian 
personnel offices' mobilization studies and mobilization information, 
debt collection, and Individual Ready Reserve Units' locator services.
    54. The name, address, VA file number, date of birth, date of 
death, social security number, and service information may be disclosed 
to the Defense Manpower Data Center. DoD will use this information to 
identify retired Veterans and dependent members of their families who 
have entitlement to DoD benefits but who are not identified in the 
Defense Enrollment Eligibility Reporting System program and to assist 
in determining eligibility for Civilian Health and Medical Program of 
the Uniformed Services benefits. This purpose is consistent with title 
38 U.S.C. 5701. These records may also be disclosed as part of an 
ongoing computer-matching program to accomplish this purpose.
    55. The name, address, VA file number, social security number, sex 
of Veteran, date(s) of birth of the Veteran and dependents, current 
benefit pay amounts for compensation or pension, pay status, check 
amount, aid and attendance status, Veteran and spouse annual income 
amounts and type and combined degree of disability will be disclosed to 
the Department of Health and Human Services. The SSA will use the data 
in the administration of the Supplemental Security Income payment 
system as prescribed by Public Law 92-603. These records may also be 
disclosed as part of an ongoing computer-matching program to accomplish 
these purposes. This purpose is consistent with title 38 U.S.C. 5701.
    56. The names and current addresses of VA beneficiaries who are 
identified by finance centers of individual uniformed services of DoD 
and the Department of Homeland Security (Coast Guard) as responsible 
for the payment of Survivor Benefit Plan (SBP) premium payments to be 
released from this system of records to them upon their official 
written request for such information for their use in attempting to 
recover amounts owed for SBP premium payments.
    57. This routine use authorizes VA to compile lists of the social 
security numbers and loan account numbers of all persons with VA-
guaranteed and portfolio loans in default, or VA loans on which there 
has been a foreclosure and the Department paid a claim and provide 
these records to HUD for inclusion in its CAIVRS. Information included 
in this system may be disclosed to all participating agencies and 
lenders who participate in the agencies' programs to enable them to 
verify information provided by new loan applicants and evaluate the 
creditworthiness of applicants. These records may also be disclosed as 
part of an ongoing computer-matching program to accomplish these 
purposes.
    58. SSA, HHS, for SSN Validation: VA may disclose information to 
the Social Security Administration and the Department of Health and 
Human Services for the purpose of conducting computer matches to obtain 
information to validate the social security numbers maintained in VA 
records.
    This information may also be disclosed as part of a computer 
matching agreement to accomplish this purpose.
    59. Any information contained in the files of Veterans whose claims 
were referred to VA Central Office for an advisory opinion concerning 
their claims that their disabilities were incurred secondary to 
occupational radiation exposure may be disclosed to the Department of 
the Navy. The information to be furnished to the Navy would include the 
medical opinions, dose estimates, advisory opinions, and rating 
decisions including Veterans' names, addresses, VA claim numbers, 
social security numbers and medical information. The requested 
information may be disclosed to the Department of the Navy upon receipt 
of its official written request for such information for its use in the 
review and assessment of its occupational radiation exposure controls 
and training.
    60. A Veteran's claims file number and folder location may be 
disclosed to a court of proper jurisdiction that has issued a 
garnishment order for that Veteran under title 42 U.S.C. 659 through 
Sec.  660. An individual's identifying and payment information may be 
disclosed to the educational institution, training establishment, or 
other entity the individual attends (or attended) if that individual 
received educational assistance from VA based on training at that 
educational institution, training establishment, or

[[Page 61867]]

entity. VA will disclose this information to assist the educational 
institution, training establishment, or other entity in verifying the 
individual's receipt of VA educational assistance and to assist the 
individual in applying for additional financial aid (e.g., student 
loans).
    61. The name and address of a prospective, present, or former 
accredited representative, claims agent or attorney and any information 
concerning such individual which is relevant to a refusal to grant 
access privileges to automated Veterans' claims records, or a potential 
or past suspension or termination of such access privileges may be 
disclosed to the entity employing the individual to represent Veterans 
on claims for Veterans benefits.
    62. The name and address of a former accredited representative, 
claim agent or attorney, and any information concerning such 
individual, except a Veteran's name and home address, which is relevant 
to a revocation of such access privileges may be disclosed to an 
appropriate governmental licensing organization where VA determines 
that the individual's conduct that resulted in revocation merits 
reporting.
    63. A record from this system (other than the address of the 
beneficiary) may be disclosed to a former representative of a 
beneficiary to the extent necessary to develop and adjudicate a claim 
for payment of attorney fees to such representative from past-due 
benefits under title 38 U.S.C. 5904(d) and Public Law 109-461 or to 
review a fee agreement between such representative and the beneficiary 
for reasonableness under title 38 U.S.C. 5904(c)(2) and Public Law 109-
461.
    64. Disclosure of tax returns and return information received from 
the IRS may be made only as provided by title 26 U.S.C. 6103 (an IRS 
confidentiality statute) also covering any IRS tax return information 
provided as part of an ongoing computer matching program.
    65. Where VA determines that there is good cause to question the 
legality or ethical propriety of the conduct of a person or 
organization representing a person in a matter before VA, a record from 
this system may be disclosed, on VA's initiative, to any or all of the 
following: (1) Applicable civil or criminal law enforcement authorities 
and (2) a person or entity responsible for the licensing, supervision, 
or professional discipline of the person or organization acting as a 
representative. Name and home addresses of Veterans and their 
dependents will be released on VA's initiative under this routine use 
only to Federal entities.
    66. The name and address of a beneficiary, and other information as 
is reasonably necessary to identify such a beneficiary, who has been 
adjudicated as incompetent under 38 CFR 3.353, may be provided to the 
Attorney General of the United States or his/her designee, for use by 
the DOJ in the National Instant Criminal Background Check System 
mandated by the Brady Handgun Violence Prevention Act, Public Law 103-
159.
    67. Disclosure may be made to the National Archives and Records 
Administration (NARA) and General Services Administration in record 
management inspections and such other activities conducted under 
Authority of title 44 U.S.C.
    68. VA may disclose information from this system of records to the 
DOJ, either on VA's initiative or in response to DOJ's request for the 
information, after either VA or DOJ determines that such information is 
relevant to DOJ's representation of the United States or any of its 
components in legal proceedings before a court or adjudicative body, 
provided that, in each case, the agency also determines prior to 
disclosure that release of the records to the DOJ is a use of the 
information contained in the records that is compatible with the 
purpose for which VA collected the records. VA, on its own initiative, 
may disclose records in this system of records in legal proceedings 
before a court or administrative body after determining that the 
disclosure of records to the court or administrative body is a use of 
the information contained in the records that is compatible with the 
purpose for which VA collected the records.
    69. Disclosure of relevant information may be made to individuals, 
organizations, public or private agencies, or other entities with whom 
VA has a contract or agreement or where there is a subcontract to 
perform such services as VA may deem practicable for the purposes of 
laws administered by VA, in order for the contractor or subcontractor 
to perform the services of the contract or agreement.
    70. Disclosure to other Federal agencies may be made to assist such 
agencies in preventing and detecting possible fraud, waste, 
overpayment, or abuse by individuals in their operations and programs 
as well as identifying areas where legislative and regulatory 
amendments directed toward preventing overpayments. These records may 
also be disclosed as part of an ongoing computer-matching program to 
accomplish this purpose.
    71. VA may on its own initiative, disclose any information or 
records to appropriate agencies, entities, and persons when (1) VA 
suspects or has confirmed that the integrity or confidentiality of 
information in the system of records has been compromised; (2) VA has 
determined that as a result of the suspected or confirmed compromise, 
there is a risk of embarrassment or harm to the reputations of the 
record subjects, harm to the economic or property interests, identity 
theft or fraud, or harm to the programs (whether maintained by VA or 
another agency or entity) that rely upon the potentially compromised 
information; and (3) the disclosure is to agencies, entities, or 
persons whom VA determines are reasonably necessary to assist or carry 
out the VA's efforts to respond to the suspected or confirmed 
compromise and prevent, minimize, or remedy such harm. This routine use 
permits disclosures by VA to respond to a suspected or confirmed data 
breach, including the conduct of any risk analysis or provision of 
credit protection services as provided in title 38 U.S.C. 5724, as the 
terms are defined in title 38 U.S.C. 5727.
    72. VA may disclose information to other Federal Agencies 
including, but not limited to, identifying information, payment 
information, and vocational objectives about a Veteran or Servicemember 
who is receiving or has received benefits under the Vocational 
Rehabilitation program to be used in data analysis and development of 
performance measures.
    73. Any information contained in this system may be disclosed by 
VA, as deemed necessary, to DoD for use for determinations required by 
DoD. VA will routinely use the information to conduct medical 
evaluations needed to produce VA disability ratings and to promulgate 
subsequent claims for benefits under title 38 U.S.C.
    74. Information in this system (excluding date of birth, social 
security number, and address) relating to the use of transferred 
educational assistance benefits may be coequally disclosed to the 
transferor, e.g., the individual from whom eligibility was derived, and 
to each transferee, e.g., the individual receiving the transferred 
benefit. The information disclosed is limited to the two parties in 
each transferor-transferee relationship, as the transferor may have 
multiple transferred relationships.
    75. The name, address, insurance account information of an insured 
Veteran or member of the uniformed services, their beneficiary(ies), 
legal representatives, or designated payee(s), and the amount of 
payment may be disclosed to the Treasury Department, upon its official 
request, in order for the

[[Page 61868]]

Treasury Department to make payment of dividends, policy loans, cash 
surrenders, maturing endowments, insurance refunds, issue checks and 
perform check tracer activities for the veteran or member of the 
uniformed services, beneficiary(ies), legal representative or 
designated payee(s).
    76. The name and address of an insured Veteran or member of the 
uniformed services, date and amount of payments made to VA, including 
specific status of each policy (e.g., premiums paid in, dividends paid 
out, cash and loan values) may be disclosed to the Internal Revenue 
Service (IRS), upon its official request, in order for the IRS to 
collect tax liens by withholding insurance payments to satisfy unpaid 
taxes. This purpose is consistent with title 26 of the United States 
Code, Sec.  7602.
    77. The name, address, social security number, date of discharge 
from the military, medical information concerning the grounds for total 
disability or the nature of an injury or illness, and dependency or 
beneficiary related information of a member of the uniformed services 
or Veteran may be disclosed to the Office of Servicemembers' Group Life 
Insurance (OSGLI) at the request of a member of the uniformed services 
or Veteran in order to aid OSGLI in the verification of such 
information for the purpose of issuance and maintenance of insurance 
policies provided to members of the uniformed services or Veterans 
participating in the Servicemembers' Group Life Insurance (SGLI) 
program and/or Veterans' Group Life Insurance (VGLI) program and to pay 
insurance benefits under these programs.
    78. The name, address, and other identifying information such as a 
social security number or a military service number may be disclosed to 
the Department of Defense (Army, Air Force, Navy, Marine Corps); the 
Coast Guard of the Department of Homeland Security; the Commissioned 
Officers Corps of the U.S. Public Health Service; and the Commissioned 
Officers Corps of the National Oceanic and Atmospheric Administration 
(NOAA) of the Department of Commerce; this disclosure may be made upon 
their official request, for use in order for these departments to 
establish and maintain allotments from active and retired service pay 
for VA insurance premiums and loan repayments.
    79. The face amount and cash and/or loan value of an insurance 
policy, verification of an existing insurance policy, and the name and 
address of an insured Veteran or member of the uniformed services may 
be disclosed at the request of the veteran or member of the uniformed 
services to a Federal, State, or local agency, in order for these 
agencies to assist a veteran or member of the uniformed services 
applying for Medicaid, Medicare, nursing home admittance, welfare 
benefits, or other benefits provided by the requesting agency to the 
extent that the information is relevant and necessary to the agency's 
decision regarding benefits.
    80. The name and address of a Veteran or member of the uniformed 
services and military service information (e.g., dates of service, 
branch of service) may be disclosed to the Armed Forces Institute of 
Pathology (AFIP), upon its official request, in order for the AFIP to 
conduct research for specified official purposes.
    81. Any information in this system such as notice of renewal, 
reinstatement, premium due, lapse actions, miscellaneous insurance 
instructions, disposition of dividends, policy loans, and transfer of 
records may be disclosed to VA fiduciaries, court-appointed guardians/
conservators, powers of attorney, or military trustees of incompetent 
Veterans or members of the uniformed services in order to advise VA 
fiduciaries, court-appointed guardians/conservators, powers of 
attorney, or military trustees of current actions to be taken in 
connection with ownership of U.S. government life insurance policies 
and to enable them to properly perform their duties as fiduciaries or 
guardians, powers of attorney, or military trustees.
    82. Any information in this system of records may be disclosed, in 
the course of presenting evidence in or to a court, magistrate, 
administrative tribunal, or grand jury, including disclosures to 
opposing counsel in the course of such proceedings or in settlement 
negotiations.
    83. Identifying information, except for the name and address of a 
Veteran or member of the uniformed services, may be disclosed to a 
Federal, State, County or Municipal agency for the purpose of 
conducting computer matches to obtain information to validate the 
entitlement of a Veteran or member of the uniformed services who is 
receiving or has received government insurance benefits under title 38 
U.S.C. The name and address of a Veteran or member of the uniformed 
services may also be disclosed to a Federal agency under this routine 
use if they are required by the Federal agency to respond to the VA 
inquiry.
    84. Phone Operators, for the Hearing-Impaired: VA may disclose 
information from this system of records to telephone company operators 
acting in a capacity to facilitate phone calls to or for hearing-
impaired individuals, such as veterans or authorized agents, using 
telephone devices for the hearing-impaired, including 
Telecommunications Devices for the Deaf (TDD) or Text Telephones (TTY).
    85. Any information in this system, including name, address, Social 
Security number, VA file number, medical records, financial records, 
and field examination reports of a VA beneficiary, and the name, 
address, and information regarding the activities of a VA-appointed 
fiduciary or beneficiary may be disclosed at the request of a VA 
beneficiary or fiduciary to a Federal, State, or local agency in order 
for VA to obtain information relevant to a VA decision concerning the 
payment and usage of funds payable by VA on behalf of a beneficiary, or 
to enable VA to assist a beneficiary or VA-appointed fiduciary in 
obtaining the maximum amount of benefits for a VA beneficiary from a 
Federal, State, or local agency.
    86. Any information in this system, including name, address, Social 
Security number, VA file number, medical records, financial records, 
and field examination reports of a VA beneficiary who is in receipt of 
VA and SSA benefits concurrently, and the name, address, and 
information regarding the activities of a VA-supervised fiduciary may 
be disclosed to a representative of the SSA to the extent necessary for 
the operation of a VA program, or to the extent needed as indicated by 
such representative.
    87. Any information in this system, including medical records, 
financial records, field examination reports, correspondence and court 
documents may be disclosed in the course of presenting evidence to a 
court, magistrate or administrative tribunal in matters of 
guardianship, inquests and commitments, and to probation and parole 
officers in connection with court required duties.
    88. Any information in this system may be disclosed to a VA-
appointed fiduciary in order for that fiduciary to perform his or her 
duties, provided this information will only be released when the 
disclosure is for the benefit of the beneficiary. Any information in 
this system may also be disclosed to a proposed fiduciary in order for 
the fiduciary to make an informed decision with regard to accepting 
fiduciary responsibility for a VA beneficiary.
    89. Any information in this system, including medical records, 
correspondence records, financial records, field examination reports, 
and court documents may be disclosed to an attorney employed by the 
beneficiary, or

[[Page 61869]]

to a spouse, relative, next friend, or to a guardian ad litem 
representing the interests of the beneficiary, provided the name and 
address of the beneficiary is given beforehand and the disclosure is 
for the benefit of the beneficiary, and the release is authorized by 38 
U.S.C. 7332, if applicable.
    90. Any information in this system relating to the adjudication of 
a VA beneficiary's ability to manage his or her VA benefits, either by 
a court of competent jurisdiction or by VA, may be disclosed to a 
lender or prospective lender participating in the VA Loan Guaranty 
Program who is extending credit or proposing to extend credit on behalf 
of a veteran for VA to protect veterans in this category from entering 
into unsound financial transactions which might deplete the resources 
of the veteran and to protect the interest of the Government giving 
credit assistance to a Veteran.
    91. The name and mailing address of a VA beneficiary, and other 
information as is reasonably necessary to identify such a beneficiary, 
who has been adjudicated as incapable of managing his or her financial 
affairs under 38 CFR 3.353, may be provided to the Attorney General of 
the United States or his/her designee, for use by DoJ in the National 
Instant Criminal Background Check System mandated by the Brady Handgun 
Violence Prevention Act, Public Law 103-59.
    92. The name, mailing address, and any other information obtained 
by VA pertaining to the qualification of an individual seeking 
appointment as a VA fiduciary may be released to the beneficiary or his 
or her accredited representative or court-appointed guardian for the 
purpose of notifying the beneficiary of the reasons for selection or 
non-selection of the individual.
    93. The name, mailing address, and any other information obtained 
by VA pertaining to the allegation, investigation, determination of 
misuse by a fiduciary, or determination of negligence on the part of VA 
may be released to the beneficiary or his or her accredited 
representative or court-appointed guardian for the purpose of notifying 
the beneficiary of the reasons for VA's decision regarding misuse.

POLICIES AND PRACTICES FOR STORAGE OF RECORDS:
    The BDN, Legacy Content Manager (LCM), Corporate WINRS, VETSNET, 
The Image Management System (TIMS), Long Term Solution (LTS), CMS and 
the VBMS are data telecommunication terminal systems. For Compensation 
and Pension-related claims, records (or information contained in 
records) are no longer maintained on paper documents in claims folders 
(C-folders), but are now 100% digitized and stored in the VBMS 
electronic folder (VBMS eFolder). In 2012, VA declared the VBMS eFolder 
to be the official record for all documentation submitted to VA 
pursuant to claims for Compensation and Pension benefits. All paper 
documents VA receives pursuant to a Compensation or Pension claim are 
converted to a digital image via VA's electronic imaging process and 
uploaded into the VBMS eFolder. An electronically-imaged document in 
the VBMS eFolder is the official copy of record for adjudicating claims 
for VA Compensation or Pension benefits. When VA decision makers 
adjudicate claims for Compensation or Pension benefits, they rely 
solely on the electronic image contained in the VBMS eFolder, 
irrespective of whether a document is initially submitted to VA in 
electronic or paper format. VA decision makers do not have access to 
the original paper source documents during the claims adjudication 
process. Once a paper source document is electronically imaged and 
uploaded into the eFolder, VA considers the electronic image to be the 
official copy of record, while the physical paper document is 
reclassified as a duplicate copy. All duplicate copies of the official 
record are subject to destruction in accordance with applicable 
procedures and laws (please see the Retention and Disposal section for 
further details.)
    VR&E and Education claims are maintained on paper, electronic 
folders, and on automated storage media (e.g., microfilm, microfiche, 
magnetic tape and disks). Texts and emails from the Veterans pursuant 
to a VR&E claim are stored in the Corporate Database as a Corporate 
WINRS Case Note, which becomes the official record. Any texts and 
emails stored in the cloud/contractor server are considered duplicate 
copies. Such information may be accessed through BDN, VBMS, CMS, TIMS, 
LTS, and VETSNET terminals. BDN, LCM, Corporate WINRS, VETSNET, and 
VBMS terminal locations include VA Central Office, regional offices, VA 
health care facilities, Veterans Integrated Service Network offices, 
DoD Finance and Accounting Service Centers and the U.S. Coast Guard Pay 
and Personnel Center. Remote on-line access is also made available to 
authorized remote sites, representatives of claimants and to attorneys 
of record for claimants. A VA claimant must execute a prior written 
consent or a power of attorney authorizing access to his or her claims 
records before VA will allow the representative or attorney to have 
access to the claimant's automated claims records. Access by 
representatives and attorneys of record is to be used solely for the 
purpose of assisting an individual claimant whose records are accessed 
in a claim for benefits administered by VA. Information relating to 
receivable accounts owed to VA, designated the Centralized Accounts 
Receivable System (CARS), is maintained on magnetic tape, microfiche 
and microfilm. CARS is accessed through a data telecommunications 
terminal system at St. Paul, Minnesota.

POLICIES AND PRACTICES FOR RETRIEVAL OF RECORDS:
    File folders, whether paper or electronic, are indexed by name of 
the individual and VA file number. Automated records are indexed by 
name, VA file number, payee name and type of benefit. Employee 
productivity is measured using automated systems. At the conclusion of 
a monthly reporting period, the generated listing is indexed by 
employee BDN identification number. Records in CAIVRS may only be 
retrieved by social security number.

POLICIES AND PRACTICES FOR RETENTION AND DISPOSAL OF RECORDS:
    All claims files folders for Compensation and Pension claims are 
electronically imaged and uploaded into the VBMS eFolder. Once a file 
is electronically imaged and established by VA as the official record, 
its paper contents (with the exception of documents that are on hold 
due to pending litigation, and service treatment records and other 
documents that are the property of DoD), are reclassified as 
duplicate--non record keeping--copies of the official record, and will 
be destroyed in accordance with Records Control Schedule VB-1, Part 1 
Section XIII, Item 13-052.100 as authorized by NARA. All paper 
documentation that is not the property of VA (e.g., DoD-owned 
documentation) is currently stored by VA after scanning, pending a 
policy determination as to its final disposition. All documentation 
being held pursuant to active litigation is held in its native format 
during the pendency of the litigation. All VBMS eFolders are stored on 
a secure VA server, pending permanent transfer to NARA where they will 
be maintained as historical records. Once an electronic record has been 
transferred into NARA custody, the record will be fully purged and 
deleted from the VA system in accordance with governing records control 
schedules

[[Page 61870]]

using commercial off the shelf (COTS) software designed for the 
purpose. Once purged, the record will be unavailable on the VA system, 
and will only be accessible through NARA.
    Prior to destruction of any paper source documentation reclassified 
as duplicate copies, VA engages in a comprehensive and multi-layered 
quality control and validation program to ensure material that has been 
electronically imaged is completely and accurately uploaded into the 
VBMS eFolder. To guarantee the integrity and completeness of the 
record, VA engages in industry-best practices, using state-of-the-art 
equipment, random sampling, independent audit, and 100% VA review 
throughout the claims adjudication process. Historically, VA's success 
rate in ensuring the accuracy and completeness of the electronic record 
routinely and consistently exceeds 99%. Furthermore, no paper document 
is ever destroyed while any related claim or appeal for VA benefits is 
still pending. VA waits 3 years after the final adjudication of any 
claim or appeal before destroying the paper duplicate copies that have 
been scanned into the VBMS eFolder. As noted, the electronic image of 
the paper document is retained indefinitely as a permanent record 
either by VA or NARA.
    Decisions to destroy VR&E paper counseling records are to be made 
in accordance with Records Control Schedule (RCS), RCS VB-1, Part I, 
Field in Section VII, dated January 31, 2014. Automated storage media 
containing temporary working information are retained until a claim is 
decided, and then destroyed. All other automated storage media are 
retained and disposed of in accordance with disposition authorization 
approved by NARA. Education file folders in paper are retained at the 
servicing Regional Processing Office. Education paper folders may be 
destroyed in accordance with the times set forth in the VBA Records 
Management, Records Control Schedule VB-1, Part 1, Section VII, as 
authorized by NARA.
    Employee productivity records are maintained for two years after 
which they are destroyed by shredding or burning. File information for 
CAIVRS is provided to HUD by VA on magnetic tape. After information 
from the tapes has been read into the computer the tapes are returned 
to VA for updating. HUD does not keep separate copies of the tapes.

ADMINISTRATIVE, TECHNICAL, AND PHYSICAL SAFEGUARDS:
    1. Physical Security:
    (a) Access to working spaces and claims folder file storage areas 
in VA regional offices and centers is restricted to VA employees on a 
need-to-know basis. Generally, file areas are locked after normal duty 
hours and the offices and centers are protected from outside access by 
the Federal Protective Service or other security personnel. Employee 
claims file records and claims file records of public figures are 
stored in separate locked files. Strict control measures are enforced 
to ensure that access to and disclosure from these claims file records 
are limited to a need- to-know basis. Duplicate paper copies after 
imaging are stored in NARA-compliant facilities, pending destruction.
    (b) Access to BDN, LCM, Corporate WINRS, VETSNET, CMS, and VBMS 
data telecommunication networks are by authorization controlled by the 
site security officer who is responsible for authorizing access to the 
BDN, LCM, VBMS and VETSNET by a claimant's representative or attorney 
approved for access in accordance with VA regulations. The site 
security officer is responsible for ensuring that the hardware, 
software and security practices of a representative or attorney satisfy 
VA security requirements before granting access. The security 
requirements applicable to the access of automated claims files by VA 
employees also apply to the access of automated claims files by 
claimants' representatives or attorneys. The security officer is 
assigned responsibility for privacy-security measures, especially for 
review of violation logs, information logs and control of password 
distribution, including password distribution for claimants' 
representatives.
    (c) Access to data processing centers is generally restricted to 
center employees, custodial personnel, Federal Protective Service and 
other security personnel. Access to computer rooms is restricted to 
authorized operational personnel through electronic locking devices. 
All other persons provided access to computer rooms are escorted.
    (d) Employee production records are identified by the confidential 
BDN and VETSNET employee identification number, and are protected by 
management/supervisory personnel from unauthorized disclosure in the 
same manner as other confidential records maintained by supervisors.
    2. BDN, LCM, VETSNET, CMS, e-VA, and VBMS System Security:
    (a) Usage of the BDN, LCM, Corporate WINRS, VETSNET, e-VA and VBMS 
systems is protected by the usage of ``login'' identification passwords 
and authorized function passwords. The passwords are changed 
periodically. These same protections apply to remote access users.
    (b) At the data processing centers, identification of magnetic 
tapes and disks containing data is rigidly enforced using labeling 
techniques. Automated storage media, which are not in use, are stored 
in tape libraries, which are secured in locked rooms. Access to 
programs is controlled at three levels: Programming, auditing and 
operations. Access to the data processing centers where HUD maintains 
CAIVRS is generally restricted to center employees and authorized 
subcontractors. Access to computer rooms is restricted to center 
employees and authorized operational personnel through electronic 
locking devices. All other persons granted access to computer rooms are 
escorted. Files in CAIVRS use social security numbers as identifiers. 
Access to information files is restricted to authorized employees of 
participating agencies and authorized employees of lenders who 
participate in the agencies' programs. Access is controlled by agency 
distribution of passwords. Information in the system may be accessed by 
use of a touch-tone telephone by authorized agency and lender employees 
on a ``need-to-know'' basis.
    (3) e-VA and CMS System Security:
    A unique SSL certificate has been generated for this connection 
which provides authentication for the e-VA and CMS applications, which 
enables an encrypted connection. Short Message Service (SMS) text 
messages are processed using a secure SMS gateway hosted by Twilio. The 
client's first and last name (the only PII in the text message) are 
encrypted when the information is passed back and forth. Emails are 
processed by AWS Simple Email Service (SES) using Transport Layer 
Security (TLS) protocol, which is a cryptographic protocol designed to 
provide communications security over a computer network. All emails to 
participants are sent from a single email address ([email protected]).

RECORD ACCESS PROCEDURES:
    Veterans and authorized parties have a statutory right to request a 
copy of or an amendment to a record in VA's possession at any time 
under the Freedom of Information Act (FOIA) and the Privacy Act (PA). 
VA has a decentralized system for fulfilling FOIA and PA requests. The 
type of information or records an individual is seeking will determine 
the location to which a request should be submitted. For records 
contained within a VA

[[Page 61871]]

claims folder (Compensation and Pension claims), or military service 
medical records in VA's possession, the request will be fulfilled by 
the VA Records Management Center. Authorized requestors should mail 
their Privacy Act or FOIA requests to: Department of Veterans Affairs, 
Claims Intake Center, P.O. Box 4444, Janesville, WI 53547-4444, DID: 
608-373-6690.
    For other benefits records maintained by VA (to include Vocational 
Rehabilitation & Employment, Insurance, Loan Guaranty or Education 
Service) submit requests to the FOIA/Privacy Act Officer at the VA 
Regional Office serving the individual's jurisdiction. Address 
locations for the nearest VA Regional Office are listed at VA Locations 
Link.
    Any individuals who have questions about access to records may also 
call 1-800-327-1000. Information about how to contact Fiduciary 
services can be found here: https://www.benefits.va.gov/FIDUCIARY/contact-us.asp.

CONTESTING RECORD PROCEDURES:
    See Record access procedures above.

NOTIFICATION PROCEDURES:
    Any individual, who wishes to determine whether a record is being 
maintained in this system under his or her name or other personal 
identifier, or wants to determine the contents of such record, should 
submit a written request or apply in person to the nearest VA regional 
office or center. Address locations are listed at VA Locations Link.
    VA employees wishing to inquire whether the system of records 
contains employee productivity information about themselves should 
contact their supervisor at the regional office or center of 
employment.

EXEMPTIONS PROMULGATED FOR THE SYSTEM:
    There is no category of records in this system that has been 
identified as exempt from any section of the Privacy Act.

HISTORY:
    Compensation, Pension, Education, and Vocational Rehabilitation and 
Employment Records-VA (58VA21/22/28) was published on February 14, 2019 
at 84FR4138.

[FR Doc. 2021-24372 Filed 11-5-21; 8:45 am]
BILLING CODE 8320-01-P