[Privacy Act Issuances (1999)]
[From the U.S. Government Publishing Office, www.gpo.gov]
VETERANS AFFAIRS DEPARTMENT
INDEX TO VA SYSTEMS OF RECORDS
01VA022 Current and Former Accredited Representative, Claim
Agent, and Representative and Claims Agent Applicant and Rejected
Applicant Records-VA
02VA135 Applicants for Employment under Title 38, USC-VA
04VA113 Blood Donor File-VA
05VA026 Individual Correspondence Records-VA
06VA026 Claimant Private Relief Legislative Name Files-VA
07VA138 Department of Medicine and Surgery Engineering Employee
Management Information Records-VA
08VA05 Employee Medical File System Records (Title 38)-VA
09VA05 Employee Unfair Labor Practice Charges and Complaints,
Negotiated Agreement Grievances and Arbitrations-VA
10VA31 Employee Reporting System for Project Administration and
Control (Data Processing Centers)-VA
11VA51 Investigation Reports of Persons Allegedly Involved in
Irregularities Concerning VA Laws, Regulations, Etc.,-VA
12VA01 Individual Requests for Information from Appellate
Records-VA
13VA047 Individuals Submitting Invoices-Vouchers For Payment-VA
14VA135 Individuals Serving on a Fee Basis or Without
Compensation (Consultants, Attendings, Others) Personnel Records--VA
16VA026 Litigant, Tort Claimant, EEO Complainant and Third Party
Recovery Files-VA
17VA26 Loan Guaranty Fee Personnel and Program Participant
Records-VA
18VA05 Centralized Staffing System-VA
19VA53 Missing Veterans File-VA
20VA138 Motor Vehicle Operator Accident Records-VA
22VA136 Patient and Employee Infectious Disease Records-VA
24VA136 Patient Medical Records-VA
27VA047 Personnel and Accounting Pay System-VA
28VA119 Personnel Registration under Controlled Substance Act-VA
29VA11 Physician, Dentist and Supervisory Nurse Professional
Standards Board Action File-VA
30VA136 Rejected Applicant for Medical Care Records-VA
32VA00 Veteran, Employee and Citizen Health Care Facility
Investigation Records-VA
33VA112 Veteran, Fabricator and Employee Prosthetic Records-VA
34VAl1 Veteran, Patient, Employee and Volunteer Research and
Development Project Records-VA
36VA00 Veterans and Armed Forces Personnel United States
Government Life Insurance Records-VA
37VA27 VA Supervised Fiduciary/Beneficiary and General
Investigative Records-VA
38VA23 Veterans and Beneficiaries Identification and Records
Location Subsystem-VA
39VA047 Veterans and Dependents Inactive Award Account Records-VA
40VA42 Veterans and Dependents (Living and Deceased) National
Cemetery System, Correspondence and Inquiry File-VA
41VA41 Veterans and Dependents National Cemetery Gravesite
Reservation Records-VA
42VA41 Veterans and Dependents National Cemetery Interment
Records-VA
43VA71 Veterans, Dependents of Veterans, and VA Beneficiary
Survey Records- VA
44VA01 Veterans Appellate Records System-VA
45VA23 Veterans Assistance Discharge System (VADS)-VA
46VA00 Veterans, Beneficiaries and Attorneys United States
Government Insurance Award Records- VA
48VA40B Veterans (Deceased) Headstone or Marker Records-VA
53VA00 Veterans Mortgage Life Insurance-VA
54VA136 Veteran's Spouse or Dependent Civilian Health and Medical
Care Records-VA
55VA26 Loan Guaranty Home, Condominium and Manufactured Home Loan
Applicant Records. Specially Adapted Housing Applicant Records and
Vendee Loan Applicant Records-VA.
57VA125 Voluntary Service Records-VA
58VA21/22/28 Compensation, Pension, Education, and Rehabilitation
Records-VA
60VA23 Repatriated American Prisoners of War-VA
63VA05 Grievance Records-VA
64VA116 Vietnam Veterans Readjustment Counseling Program--VA
65VA122 Community Placement Program-VA
66VA53 Inspector General Complaint Center Records-VA
67VA30 PROS/KEYS User Permissions Data Base-VA
68VA05 VA Employee Counseling Services Program Records-VA
69VA114 Ionizing Radiation Registry-VA
71VA53 Office of Inspector General Management Information System-
VA
73VA14 Health Professional Scholarship Program-VA
75VA001B Administrator's Official Correspondence Records-VA
76VA05 General Personnel Records (Title 38)-VA
77VA11 Health Care Provider Credentialing and Privileging
Records-VA
78VA331 Integrated Data Communications Utility Network Management
Data Base-VA
79VA162 Decentralized Hospital Computer Program (DNCP) Medical
Management Records-VA
81VA01 Representatives' Fee Agreement Records System-VA
83VA07 VA Police Badge and Training Records System
84VA111K National Chaplain management Information System (NCMIS)
85VA047 Chief Financial Officer and Fiscal Officer Designation
and Certification Records System-VA
86VA058 Workers' Compensation/Occupational Safety and Health
Management Information System-VA
87VA045 Automated Customer Registration System (ACRS)-VA
88VA20A6 Accounts Receivable Records-VA
88VA244 Accounts Receivable Records-VA
89VA19 Healthcare Eligibility Records-VA
95VA00M Center for Minority Veterans Management Information
System-VA
VA Appendix 1-Addresses of Veterans Administration Facilities-VA
01VA022
System name: Current and Former Accredited Representative,
Claims Agent, and Representative and Claims Agent Applicant and
Rejected Applicant Records--VA.
System location:
Records are maintained in the Office of General Counsel (022),
and in the Veterans Benefits Administration (213C), Department of
Veterans Affairs Central Office, Washington, DC 20420. Records will
also be maintained in the District Counsel Offices, and the security
offices of the following components of the Veterans Benefits
Administration: Regional Offices, and the Hines, Illinois and
Philadelphia, Pennsylvania automated benefits records centers.
Records also will be maintained in the Computer security office for
the Integrated Data Communications Utility at the Department of
Veterans Affairs Medical Center in Martinsburg, West Virginia.
Address locations are listed in VA Appendix I as set forth in the
Federal Register publication, ``Privacy Act Issuances,'' 1993
Compilation.
Categories of individuals covered by the system:
The following categories of individuals will be covered by the
system: (1) Individuals recommended by a recognized organization and
accredited or previously accredited by VA to represent claimants for
benefits; (2) claims agents (not attorneys) independent of a service
organization who have applied for, and/or accredited or previously
accredited by VA to represent claimants for benefits; (3) individuals
whose names have been submitted to VA by service organizations for
accreditation or who have applied to VA to become claims agents; and
(4) attorneys who have applied for, currently hold, or previously
held the privilege of remote access to Veterans Benefits
Administration automated claims records.
Categories of records in the system:
Records (or information contained in records) in this system may
include: (1) Name and other identifying information; (2) address; (3)
service organization affiliations; (4) claims agent examination and
grade; (5) correspondence concerning prospective, present, or former
claims agents or accredited representatives including claims agent
recommendations and evaluations from third parties; (6) VA Form 2-21
(Application for Accreditation as Service Organization
Representative); (7) Application for Accreditation as Agent forms;
(8) investigative reports, correspondence and other information
concerning the fitness of a prospective, present, or former claims
agent, accredited representative or attorney; (9) documents,
decisions, correspondence and other information relating to or
including the granting, denial, suspension or termination of
accreditation of representatives or claims agents; (10) information
concerning an individuals' exercise of remote access privileges to
the Veterans Benefits Administration automated claim records,
including identification codes and codes used to access various VA
automated communications systems and records systems, as well as
security profiles and possible security violations; and (11)
information, documents, correspondence, and decisions relating to the
application for, and the grant, denial, suspension, or revocation of
an individual's privilege of remote access to Veterans Benefits
Administration automated claim records.
Authority for maintenance of the system:
Title 38, United States Code, Sections 501(a), 5902 and 5904.
Routine uses of records maintained in the system, including
categories of users and the purposes of such uses:
1. The record of an individual who is covered by this system may
be disclosed to a member of Congress or staff person acting for the
member when the member or staff person requests the record on behalf
of and at the request of that individual.
2. Any information in this system, except for the name and
address of a veteran, which is relevant to a suspected violation or
reasonably imminent violation of law, whether civil criminal or
regulatory in nature and whether arising by general or program
statute or by regulation, rule or order issued pursuant thereto, may
be disclosed to a Federal, State, local or foreign agency charged
with the responsibility of investigating or prosecuting such
violation or charged with enforcing or implementing the statute,
rule, regulation or order issued pursuant thereto.
3. The name and address of a veteran which is relevant to a
suspected violation or reasonably imminent violation of law, whether
civil, criminal or regulatory in nature and whether arising by
general or program statute or by regulation, rule or order issued
pursuant thereto, may be disclosed to a Federal agency charged with
the responsibility of investigating or prosecuting such violation, or
charged with enforcing or implementing the statute, regulation or
order issued pursuant thereto, in response to its official request.
4. The name and address of a veteran, which is relevant to a
suspected violation or reasonably imminent violation of law
concerning public health or safety, whether civil, criminal or
regulatory in nature whether arising by general or program statute or
by regulation, rule or order issued pursuant thereto, may be
disclosed to any foreign, State or local governmental agency or
instrumentality charged under applicable law with the protection of
the public health or safety if a qualified representative of such
organization, agency or instrumentality has made a written request
that such name and address be provided for a purpose authorized by
law.
5. The name, business address and service organization
affiliation(s) of accredited representatives and claims agents may be
disclosed to requesting service organizations, claimants for benefits
and the general public in order to aid the requestor in verifying the
identity and service organization affiliation of the accredited
representative.
6. Listings containing the names, business addresses, and status
of accreditation of present and former accredited representatives may
be provided to recognized service organizations.
7. The name and address of a prospective, present, or former
accredited representative, and any information concerning such
accredited representative which is relevant to a refusal to grant
accreditation, or a potential or past suspension or termination of
accreditation of such representative, may be disclosed to the service
organization(s) with whom the representative is affiliated.
8. The name and address of a prospective, present, or former
accredited representative, and any information which is relevant to a
suspected violation or reasonably imminent violation of law, whether
civil, criminal, or regulatory in nature and whether arising by
general or program statute or by regulation, rule, or order issued
pursuant thereto, may be disclosed to a Federal agency charged with
the responsibility of investigating or prosecuting such violation, or
charged with enforcing or implementing the statute, regulation, or
order issued pursuant thereto.
9. Any information in this system may be disclosed to the
Department of Justice (DoJ), including U.S. Attorneys, upon its
official request, or by VA upon its own initiative, in order for the
U.S. Government, VA, or any VA official acting in his/her official
capacity to respond to pleadings, interrogatories, orders or
inquiries from the DoJ, and to supply the DoJ with information, to
enable the DoJ to represent the U.S. Government in any phrase of
litigation or in any case or controversy.
10. The name and address of an accredited representative, claims
agent or attorney and any information concerning such individual
relating to a suspension, revocation, or potential suspension or
revocation of that individual's privilege of remote access to
Veterans Benefits Administration automated claim records, may be
disclosed to any recognized service organization with which the
accredited representative is affiliated, and to any entity employing
the individual to represent veterans on claims for veterans benefits.
11. The name and address of a former accredited representative,
claims agent or attorney, and any information concerning such
individual, except a veteran's name and home address, which is
relevant to a revocation of remote access privileges to Veterans
Benefits Administration automated claim records may be disclosed to
an appropriate governmental licensing organization where VA
determines that the individual's conduct which resulted in revocation
merits reporting.
Policies and practices for storing, retrieving, accessing,
retaining, and disposing of records in the system:
Storage:
Active records are maintained in individual folders stored in
file cabinets. File cards with name and business addresses of
individuals covered by this system are maintained in file cabinets.
Listings of accredited representatives and claim agents are
maintained both on magnetic disk and in hard copy in file cabinets.
Identification codes and codes used to access various VA automated
communications systems and records systems, as well as security
profiles and possible security violations, are maintained on magnetic
media in a secured environment within VA workspaces. Hard copies are
maintained in locked containers.
Retrievability:
Records and file cards are maintained in alphabetical order by
last name of the individuals covered by this system. Information
concerning possible security violations associated with exercise or
remote access privileges is retrieved by individual assignment
numbers. Information concerning individual security profiles and
codes assigned to an individual for that person to obtain access to
various computer systems is retrieved by the individual's assignment
number.
Safeguards:
1. Access to and use of these records are limited to those
persons whose official duties require such access. Personnel
screening is employed to prevent unauthorized disclosure.
2. Access to Automated Data Processing files is controlled at two
levels: (1) Terminals, central processing units, and peripheral
devices are generally placed in secure areas (areas that are locked
or have limited access) or are otherwise protected; and (2) the
system recognizes authorized users by means of an individually unique
password entered in combination with an individually unique user
identification code.
3. Access to automated records concerning identification codes
and codes used to access various VA automated communications systems
and records systems, as well as security profiles and possible
security violations is limited to designated automated systems
security personnel who need to know the information in order to
maintain and monitor the security of the VA's automated
communications and veterans' claim records systems. Access to these
records in automated form is controlled by individually unique
passswords/codes. Agency personnel may have access to the information
on a needto know basis when necessary to advise agency security
personnel or for use to suspend or revoke access privileges or to
make disclosures authorized by a routine use.
4. Access to VA facilities where identification codes, passwords,
security profiles and possible security violations are maintained is
controlled at all hours by the Federal Protective Service, VA or
other security personnel and security access control devices.
Retention and disposal:
Records are maintained as long as the individual is an active
accredited representative or claims agent. Once the representative or
agent becomes inactive, the inactive records are maintained by the
Veterans Affairs Central Office, Records Management Section for 3
years and then destroyed. Rejected applications, investigative
material, and related correspondence are permanently maintained in
the Office of General Counsel for 10 years and then destroyed.
System manager(s) and address:
Assistant General Counsel (022),VA Central Office, Washington, DC
20420.
Notification procedure:
An individual who wishes to determine whether a record is being
maintained by the Assistant General Counsel under his or her name or
other personal identifier, or wants to determine the contents of such
records should submit a written request or apply in person to the
Assistant General Counsel (022).
Record access procedures:
An individual who seeks access to or wishes to contest records
maintained under his or her name in this system may write or call or
visit the Assistant General Counsel (022).
Contesting record procedures:
(See Records Access Procedures above.)
Record source categories:
Applications for accreditation of individuals, investigative
malterial, and recommendations and correspondence from service
organizations and third parties.
02VA135
System name: Applicants for Employment under Title 38, USC-VA.
System location: VA health care facilities to which the applicant
applied (address locations are listed in VA Appendix at the end of
this document), except that, for physician, dentist, pharmacist,
licensed physical therapist, and occupational therapist applicants,
records may also be retained by the VA Delegated Examining Unit, 1201
Broad Rock Road, Richmond, Virginia 23224-0269. For Canteen
Management Training Program applicants, records will be retained only
at the Veterans Canteen Service (133A1), Department of Veterans
Affairs, 810 Vermont Avenue, NW, Washington, DC 20420. Records
resulting from drug testing may be retained by the VA (e.g., by the
VA Medical Review Official) and/or bya contractor laboratory.
Categories of individuals covered by the system: Applicants for
appointments under authority of 38 U.S.C. Chapter 73 are covered by
this system. This includes candidates such as physicians, dentists,
podiatrists, optometrists, nurses, nurse anesthetists, physician
assistants, expanded-function dental auxiliaries, pharmacists,
certified respiratory therapy technicians, registered respiratory
therapists, licensed physical therapists, occupational therapists,
and licensed practical or vocational nurses. Applicants for
appointment under 38 U.S.C. Chapter 75 in the Veterans Canteen
Service are also covered.
Categories of records in the system: Records maintained in this
system include: (1) Records of persons who have applied for Federal
employment relating to their education and training; licensure,
registration or certification by State licensing boards and/or
national certifying bodies, including any finding of facts, evidence
and any other related documents, relating to a disciplinary action;
prior and/or current clinical privileges; employment history,
appraisals of past performance; medical records; convictions of
offenses against the law; appraisals of potential; honors, awards or
fellowships; military service; veteran preference; birthplace; birth
date; social security number; and home address. (2) Records resulting
from the testing of the applicant for use of illegal drugs under
Executive Order 12564. Such records may be retained by the VA (e.g.,
by the VA Medical Review Official) or by a contractor laboratory.
This includes records of negative results, confirmed or unconfirmed
positive test results, and lists of who have been tested, who failed
to report for testing, and related documents.
Authority for maintenance of the system: Executive Order 12564;
Urgent Relief for the Homeless Supplemental Appropriations Act of
1987; Pub. L. 100-71, section 503, 101 Stat. 468 (1987); and Title
38, United States Code, Chapter 3, section 210(c)(1); Chapter 73,
section 4108 and Chapter 75, section 4202.
Routine uses of records maintained in the system, including
categories of users and the purposes of such uses:
Except for Routine Use 8, no other Routine Use for this system of
records applies to records included in Item (2) in the Categories of
Records in the System section of this notice. Drug test results may
not be releasedunder any other routine use.
1. In the event that a system of records maintained by this
agency to carry out its function indicates a violation or potential
violation of law, whether civil, criminal or regulatory in nature and
whether arising by general statute or particular program statute, or
by regulation, rule or order issued pursuant thereto, the relevant
records in the system of records may be referred, as a routine use,
to the appropriate agency. whether Federal, State, local or foreign,
charged witn the responsibility of investigation or prosecuting such
violation or charged with enforcing or implementing the statute, or
rule, regulation or order issued pursuant thereto.
2. A record from this system of records may be disclosed as a
``routine use. to a Federal, State, or local agency maintaining
civil, criminal or other relevant information, such as current
licenses, if necessary to obtain information relevant to an agency
decision concerning the hiring or retention of an employee, the
issuance of a security clearance, the letting of a contract, or the
issuance of a license, grant or other benefit.
3. A record from this system of records may be disclosed to a
Federal, local or State agency, in response to its request, in
connection with the hiring or retention of an employee, the issuance
of a security clearance, the reporting of an investigation of an
employee, the letting of a contract, or the issuance of a license,
grant, or other benefit by the requesting agency, to the extent that
the information is relevant and necessary to the requesting agency's
decision on the matter.
4. To provide statistical and other information in response to
other legitimate and reasonable requests as approved by appropriate
VA authorities, such as the release of information under the Freedom
of Information Act.
5. Disclosure may be made to a congressional office from the
record of an individual in response to an inquiry from the
congressional office made at the request of that individual.
6. Disclosure may be made to NARA (National Archives and Records
Administration) and General Services Administration (GSA) in records
management inspections conducted under authority of 44 U.S.C. 2904
and 2906.
7. Records from this system of records may be disclosed to a
Federal Agency or to a State or local government licensing board and/
or to a Federation of State Medical Boards or a similar nongovernment
entity which maintains records concerning individuals' employment
histories or concerning the issuance, retention or revocation of
licenses, certifications, or registrations necessary to practice an
occupation, profession or specialty, in order for the Agency to
obtain information relevant to an Agency decision concerning the
hiring, retention or termination of an employee or to inform a
Federal Agency or licensing boards or the appropriate nongovernment
entities about the health care practices of a terminated, resigned or
retired health care employee whose professional health care activity
so significantly failed to conform to generally accepted standards of
professional medical practice as to raise reasonable concern for the
health and safety of patients in the private sector or from another
Federal Agency. These records may also be disclosed as part of an
ongoing computer matching program to accomplish these purposes.
8. To disclose the results of a drug test of a Title 38 applicant
pursuant to an order of a court of competent jurisdiction where
required by the United States Government to defend against any
challenge against any adverse personnel action.
9. To disclose relevant information to the Department of Justice
and United States Attorneys in defense or prosecution of litigation
involving the United States, and to Federal agencies upon their
request in connection with review of administrative tort claims filed
under the Federal Tort Claims Act, 28 U.S.C. 2672.
10. To disclose information to officials of labor organizations
recognized under 5 U.S.C. Chapter 71 when relevant and necessary to
their duties of exclusive representation concerning personnel
policies, practices, and matters affecting working conditions.
11. To disclose information to any source when necessary to
obtain information relevant to a conflict-of-interest investigation
or determination.
12. To disclose information to the Office of Management and
Budget at any stage in the legislative coordination and clearance
process in connection with private relief legislation as set forth in
OMB Circular No. A-19.
13. To disclose information to another Federal agency, to a
court, or a party in litigation before a court or in an
administrative proceeding being conducted by a Federal agency, either
when the Government is a party to a judicial proceeding or in order
to comply with the issuance of a subpoena. Information is also made
available pursuant to a court order directing production of personnel
records.
14. To disclose information to officials of the Merit Systems
Protection Board, including the Office of the Special Counsel, when
requested in connection with appeals, special studies of the civil
service and other merit systems, review of rules and regulations,
investigation of alleged or possible prohibited personnel practices,
and such other functions, promulgated in 5 U.S.C. 1205 and 1206, or
as may be authorized by law.
15. To disclose information to the Equal Employment Opportunity
Commission when requested in connection with investigations of
alleged or possible discrimination practices, examination of Federal
affirmative employment programs, compliance with the Uniform
Guidelines on Employee Selection Procedures, or other functions
vested in the Commission by the President's Reorganization Plan No. 1
of 1978.
16. To disclose information to the Federal Labor Relations
Authority (including its General Counsel) when requested in
connection with investigation and resolution of allegations of unfair
labor practices, in connection with the resolution of exceptions to
arbitrator awards when a question of material fact is raised and
matters before the Federal Service Impasses Panel.
17. To disclose information to a State or local government entity
which has the legal authority to make decisions concerning the
issuance, retention or revocation of licenses, certifications or
registrations required to practice a health care profession, when
requested in writing by an investigator or supervisory official of
the licensing entity for the purpose of making a decision concerning
the issuance, retention or revocation of the license, certification
or registration of a named health care professional.
18. Identifying information in this system, including name,
address, social security number and other information as is
reasonably necessary to identify such individual, may be disclosed to
the National Practitioner Data Bank at the time of hiring and/or
clinical privileging/reprivileging of health care practitioners, and
other times as deemed necessary by VA, in order for VA to obtain
information relevant to a Department decision concerning the hiring,
privileging/reprivileging, retention or termination of the applicant
or employee.
19. Relevant information from this system of records may be
disclosed to the National Practitioner Data Bank and/or State
Licensing Board in the State(s) in which a practitioner is licensed,
in which the VA facility is located, and/or in which an act or
omission occurred upon which a medical malpractice claim was based
when VA reports information concerning:
(1) Any payment for the benefit of a physician, dentist, or other
licensed health care practitioner which was made as the result of a
settlement or judgment of a claim of medical malpractice if an
appropriate determination is made in accordance with agency policy
that payment was related to substandard care, professional
incompetence or professional misconduct on the part of the
individual;
(2) A final decision which relates to possible incompetence or
improper professional conduct that adversely affects the clinical
privileges of a physician or dentist for a period longer than 30
days; or,
(3) The acceptance of the surrender of clinical privileges or any
restriction of such privileges by a physician or dentist either while
under investigation by the health care entity relating to possible
incompetence or improper professional conduct, or in return for not
conducting such an investigation or proceeding. These records may
also be disclosed as part of a computer matching program to
accomplish these purposes.
Policies and practices for storing, retrieving, accessing,
retaining, and disposing of records in the system:
Storage: Paper documents.
Retrievability:
Records are indexed by name or by name within geographic location
proference. Drug testing records are retrieved by name or social
security number, or name or social security number by geographic
location preference.
Safeguards:
Records are stored in locked file cabinets or locked rooms.
Strict control measures are enforced to ensure that access to and
disclosure from these records are limited to a ``need-to-know
basis.'' In VA Central Office and in the Delegated Examining Unit
these records are maintained in staffed rooms during working hours.
During nonworking hours, there is limited access to the building with
visitor control by security personnel. Drug testing records will be
maintained in accordance with the Urgent Relief for the Homeless
Supplemental Appropriations Act of 1987, Pub. L. 100-71, section 503,
101 Stat. 468 (1987), as well as any Governmentwide guidance
concerning the protection of these records. Employee drug testing
records will be maintained and used with the highest regard for
employee privacy. Contractor laboratories are subject to the same
restrictions as VA employees.
Retention and disposal:
Records are retained in accordance with records retention
standards approved by the Archivist of the United States, the
National Archives and Records Administration, and published in VA
Records Control Schedules. Records arising in connection with
employee drug testing under Executive Order 12564 are generally
retained for up to 2 years. Records are destroyed by shredding or
burning.
System manager(s) and address:
Director, Office of Personnel and Labor Relations (05), VA
Central Office, 810 Vermont Avenue, NW., Washington DC 20420.
Notification procedure:
Individuals wishing to inquire whether this system of records
contains records on them should contact the local facility to which
they applied or the Physician and Dentist Placement Service.
Individuals submitting requests should furnish identifying
information as required by VA for their records to be located and
identified: (1) Full name, (2) date of birth, (3) social security
number, (4) name and location of VA facility or Physician and Dentist
Placement Service where application was submitted, (5) date of
application, and (6) signature.
Record access procedures:
(See Notification Procedures above.)
Contesting record procedures:
(See Notification Procedures above.)
Record source categories:
Records in this system are obtained from VA officials and from
individuals and organizations regarding the individual's
qualifications, credentials and suitability for employment, including
prior employers, education providers, state licensing boards and/or
national certifying bodies, law enforcement entities, and health care
providers. Drug testing records may be obtained from the Medical
Review Official.
04VA113
System name: Blood Donor File-VA.
System location: Records are maintained at each of the Veterans
Administration health care facilities. Addresses are listed in VA
Appendix 1 at the end of this document.
Categories of individuals covered by the system: Individuals who
have donated blood to a Veterans Administration health care facility,
blood bank, Red Cross, government or private hospital to be issued
for patient care under routine or emergency conditions.
Categories of records in the system: Blood information and files
contain a cumulative account of blood received, type and quantity
which is cross referenced by donor. A record of the individual or
medical unit to which the blood was used or stored is maintained.
Authority for maintenance of the system: 1. Title 38, United States
Code, Chapter 3, Section 210(c)(1). 2. Standards for Blood Banks and
Transfusion Services. 3. Technical Methods and Procedures of the
American Association of Blood Banks.
Routine uses of records maintained in the system, including
categories of users and the purposes of such uses:
l. To answer questions, regarding the source from which blood was
received, from Federal, State and local medical facilities for the
purpose of following up on any questions that a qualified medical
practitioner may ask if a particular problem might occur.
2. To maintain records of blood availability, location, quantity
on hand, and blood type; for use by Red Cross Coordinator of area; to
answer and fill requests from health care facilities for need for
blood by type, and the presence of particular antibodies.
3. In the event that a system of records mainained by this agency
to carry out its functions indicates a violation or potential
violation of law, whether civil, criminal or regulatory in nature,
and whether arising by general statute or particular program statute,
or by regulation, rule or order issued pursuant thereto, the relevant
records in the system of records may be referred, as a routine use,
to the appropriate agency, whether Federal, State, local or foreign,
charged with the responsibility of investigating or prosecuting such
violation or charged with enforcing or implementing the statute, or
rule, regulation or order issued pursuant thereto.
4. A record from this system of records may be disclosed as a
`routine use' to a federal, state or local agency maintaining civil,
criminal or other relevant information, such as current licenses, if
necessary to obtain information relevant to an agency decision
concerning the hiring or retention of an employee, the issuance of a
security clearance, the letting of a contract, or the issuance of a
license, grant or other health, educational or welfare benefits.
5. A record from this system of records may be disclosed to a
Federal agency, in response to its request, in connection with the
hiring or retention of an employee, the issuance of a security
clearance, the reporting of an investigation of an employee, the
letting of a contract, or the issuance of a license, grant or other
benefit by the requesting agency, to the extent that the information
is relevant and necessary to the requesting agency's decision on the
matter.
6. Disclosure may be made to a congressional office from the
record of an individual in response to an inquiry from the
congressional office made at the request of that individual.
7. Disclosure may be made to NARA (National Archives and Records
Administration) GSA (General Services Administration) in records
management inspections conducted under authority of 44 U.S.C. 2904
and 2906.
Policies and practices for storing, retrieving, accessing,
retaining, and disposing of records in the system:
Storage: Paper documents, magnetic tape, disk.
Retrievability: (a) All VA blood information manual records are
indexed by name and social security number of donor, cross indexed by
blood type. (b) Automated records are indexed by name, social
security number, blood type, antibodies and date of last donation.
Safeguards: Physical Security: Access to VA working space and and
medical record storage areas is restricted to VA employees on a
``need to know'' basis. Generally, VA file areas are locked after
normal duty hours and are protected from outside access by the
Federal Protective Service. Employee file records and file records of
public figures or otherwise sensitive medical record files are stored
in separate locked files. Strict control measures are enforced to
ensure that disclosure is limited to a ``need to know'' basis.
Retention and disposal: Blood Information Records: Individual donor
records are maintained at a VA health care facility for a minimum of
5 years after last donation and then shredded or burned. Information
on blood transferred to another blood bank is maintained for a ten
year retention after last entry then destroyed by shredding or
burning. When blood is issued to a patient a record is maintained in
his medical record and destroyed 15 years after last entry in his
medical record.
System manager(s) and address: Director Pathology Service (113), VA
Central Office, Washington, DC 20420.
Notification procedure: Individuals seeking information concerning
the existence and content of a medical record or blood information
record pertaining to themselves must submit a written request or
apply in person to the VA health care facility where care was
rendered or blood donated. All inquiries must reasonably identify the
portion of the medical record or blood information involved and the
approximate dates that service was provided. Inquiries should include
individuals full name, social security number, and known home address
at the time of medical service.
Record access procedures: Blood donors, patients of VA medical care
facilities or duly authorized representatives seeking information
regarding access to and contesting of VA health facility records may
write, call or visit the Veterans Administration facility where
medical service was provided or volunteered.
Contesting record procedures: (See Record Access Procedures above.)
Record source categories: 1. The blood donor. 2. Private hospitals
and local blood banks. 3. Private physicians. 4. Laboratories
private, local, State, and Federal.
05VA026
System name: Individual Correspondence Records-VA.
System location:
Records are maintained at the Office of the General Counsel
(026), VA Central Office, Washington, DC 20420 and at the Offices of
the District Counsels, addresses for which may be obtained from the
above-mentioned General Counsel office address.
Categories of individuals covered by the system:
The following categories of individuals are covered by this
system: (1) Veterans; (2) nonveterans; (3) attorneys; (4) employees;
and (5) members of Congress who have made inquiries or sent
correspondence to the VA and regarding whom some action was taken by
the Office of General Counsel or an office of one or more District
Counsels regarding the inquiries.
Categories of records in the system:
Records (or information contained in records) may contain: (1)
Name of individual; (2) inquiries or correspondence sent to the VA by
an individual; (3) information pertinent to a legal opinion or
response given by the Office of General Counsel or the District
Counsel; and (4) the legal opinion or response.
Authority for maintenance of the system:
Title 38, United States Code, 210(c).
Routine uses of records maintained in the system, including
categories of users and the purposes of such uses:
1. The record of an individual who is covered by this system may
be disclosed to a member of Congress or staff person acting for the
member when the member or staff person requests the record on behalf
of and at the request of that individual.
2. Any information in this system, except for the name and
address of a veteran, which is relevant to a suspected violation or
reasonably imminent violation of law, whether civil, criminal or
regulatory in nature and whether arising by general or program
statute or by regulation, rule or order issued pursuant thereto, may
be disclosed to a Federal, State, local or foreign agency charged
with the responsibility of investigating or prosecuting such
violation, or charged with enforcing or implementing the statute,
rule, regulation or order issued pursuant thereto.
3. The name and address of a veteran, which is relevant to a
suspected violation or reasonably imminent violation of law, whether
civil, criminal or regulatory in nature and whether arising by
general or program statute or by regulation, rule or order issued
pursuant thereto, may be disclosed to a Federal agency charged with
the responsibility of investigating or prosecuting such violation, or
charged with enforcing or implementing the statute, regulation, rule
or order issued pursuant thereto, in response to its official
request.
4. The name and address of a veteran, which is relevant to a
suspected violation or reasonably imminent violation of law
concerning public health or safety, whether civil, criminal or
regulatory in nature and whether arising by general or program
statute or by regulation, rule or order issued pursuant thereto, may
be disclosed to any foreign, State or local governmental agency or
instrumentality charged under applicable law with the protection of
the public health or safety if a qualified representative of such
organization, agency or instrumentality has made a written request
that such name and address be provided for a purpose authorized by
law.
5. Any information in this system from correspondence or
inquiries sent to the VA may be disclosed to State or Federal
agencies at the request of the correspondent or inquirer in order for
those agencies to help the correspondent with his or her problem. The
information disclosed may include the name and address of the
correspondent or inquirer and detail concerning the nature of the
problem specified in the correspondence.
Policies and practices for storing, retrieving, accessing,
retaining, and disposing of records in the system:
Storage:
In the Office of the General Counsel and District Counsel
offices, all inquiries and correspondence are placed in individual
folders on storage shelves or place in file cabinets.
Retrievability:
Records are maintained in alphabetical order by last name of the
individual covered by the system.
Safeguards:
Records are maintained in a manned room during working hours.
During nonworking hours, there is a limited access to the building
with visitor control by security personnel, and the room where the
records are kept is locked. Access to the records is only authorized
to VA personnel on a ``need to know'' basis.
Retention and disposal:
In the Office of the General Counsel, correspondence records
prior to 1975, relating to a veteran, which result in a legal opinion
have been placed on microfiche, and the paper records are currently
stored in the Washington National Records Center. Reference copies on
microfiche are available for use in the Law Library. In the future,
as these records are microfiched, no paper records will be retained.
All other system records concerning veterans are kept for two years
in the Office of General Counsel. Thereafter, these records are
maintained for 3 years by the VACO Record Management Section and then
destroyed. All other records that deal with matter of legal opinions
and precedent are maintained permanently. Records in District Counsel
Offices are maintained for a period of 2 years and thereafter
destroyed.
System manager(s) and address:
Asistant General Counsel (026), Office of General Counsel, VA
Central Office, Washington, DC 20420.
Notification procedure:
An individual who wishes to determine whether a record is being
maintained by the Assistant General Counsel (026) under his or her
name or other personal identifier or wants to determine the contents
of such records should submit a written request or apply in person to
the Assistant General Counsel (026).
Record access procedures:
An individual who seeks access to or wishes to contest records
maintained under his or her name or other personal identifier may
write or call or visit the Assistant General Counsel (026).
Contesting record procedures:
(See Record Access Procedures above.)
Record source categories:
Individuals (veterans, nonveterans), attorneys, employees,
members of Congress, VA officials requesting legal opinions and VA
records.
06VA026
System name: Claimant Private Relief Legislative Files-VA.
System location:
Records are maintained in the Office of General Counsel (026), VA
Central Office, Washington, DC 20420.
Categories of individuals covered by the system:
The following categories of individuals are covered by this
system: (1) Veterans; and (2) their beneficiaries and dependents, on
behalf of whom private relief bills are introduced, or proposed for
introduction, in Congress.
Categories of records in the system:
Records (or information contained in records) may include
information pertinent to private relief bills such as: (1) The bill
for relief (which contains name, other identifying information,
personal data and the claim for a particular type of legislative
relief); (2) other Federal agency reports; (3) VA reports pertaining
to the private relief bill; (4) Congressional committee reports and
(5) the Congressional Record.
Authority for maintenance of the system:
Title 38, United States Code, 210(c).
Routine uses of records maintained in the system, including
categories of users and the purposes of such uses:
1. The record of an individual who is covered by this system may
be disclosed to a member of Congress or staff person acting for the
member when the member or staff person requests the record on behalf
of and at the request of that individual.
2. Any information in this system, except for the name and
address of a veteran, which is relevant to a suspected violation or
reasonably imminent violation of law, whether civil, criminal or
regulatory in nature and whether arising by general or program
statute or by regulation, rule or order issued pursuant thereto, may
be disclosed to a Federal, State, local or foreign agency charged
with the responsibility of investigating or prosecuting such
violation, or charged with enforcing or implementing the statute,
rule, regulation or order issued pursuant thereto.
3. The name and address of a veteran, which is relevant to a
suspected violation or reasonably imminent violation of law, whether
civil, criminal or regulatory in nature and whether arising by
general or program statute or by regulation, rule or order issued
pursuant thereto, may be disclosed to a Federal agency charged with
the responsibility of investigating or prosecuting such violation, or
charged with enforcing or implementing the statute, regulation, rule
or order issued pursuant thereto, in response to its official
request.
4. The name and address of a veteran, which is relevant to a
suspected violation or reasonably imminent violation of law
concerning public health or safety, whether civil, criminal or
regulatory in nature and whether arising by general or program
statute or by regulation, rule or order issued pursuant thereto, may
be disclosed to any foreign, State of 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.
5. Records pertinent to consideration of private relief bills
such as VA and other Federal agency reports may be disclosed to
Congressional members in their elected represented capacity and to
other Federal agencies upon their official request to enable them to
aid or to comment on whether the petitioning veteran should obtain
the requested relief and to facilitate the preparation and release of
reports by other Federal agencies regarding the matter.
Policies and practices for storing, retrieving, accessing,
retaining, and disposing of records in the system:
Storage:
Active records are maintained in individual file folders and
synopsized on file cards, both of which are kept in metal storage
cabinets.
Retrievability:
Records and file cards are indexed by last name and bill number
of the individuals covered by this system.
Safeguards:
Records and file cards are maintained in a manned room during
working hours. During nonworking hours, the file area is locked, and
the building is protected by the Federal Protective Service. Access
to the records is only authorized to VA personnel on a ``need to
know'' basis.
Retention and disposal:
Index cards and record files which result in legislation are
maintained permanently in the Office of General Counsel. The other
record files and cards are maintained for a period of 10 years and
then destroyed.
System manager(s) and address:
Assistant General Counsel (026), Professional Staff Group VI,
Office of General Counsel, VA Central Office, Washington, DC 20420.
Notification procedure:
An individual who wishes to determine whether a record is being
maintained by the Assistant General Counsel (026) under his or her
name or other personal identifier or wishes to determine the contents
of such records should submit a written request or apply in person to
the Assistant General Counsel (026).
Record access procedures:
An individual who seeks access to or wishes to contest records
maintained under his or her name or other personal identifier may
write, call or visit the Assistant General Counsel (026).
Contesting record procedures:
(See Record Access Procedures above.)
Record source categories:
Courts, veterans, litigants and their attorneys, Federal
agencies, insurance carriers, witnesses, or other interested
participants to the proceedings and VA records.
07VA138
System name: Department of Medicine and Surgery Engineering
Employee Management Information Records-VA.
System location: Records are maintained at the Veterans
Administration Data Processing Centers Washington, DC, Hines,
Illinois, Austin, Texas, St. Paul, Minnesota, Los Angeles,
California, and Philadelphia, Pennsylvania, and at all VA health care
facilities. Address locations are listed in VA Appendix I at the end
of this document.
Categories of individuals covered by the system: Veterans
Administration Engineering employees with the Department of Medicine
and Surgery.
Categories of records in the system: Personal identification
information; data on cost center, hourly wage rate, and work
location.
Authority for maintenance of the system: Title 38, United States
Code, Chapter 3, Subchapter II, Section 219.
Routine uses of records maintained in the system, including
categories of users and the purposes of such uses:
1. To provide statistical and other information in response to
other legitimate and reasonable requests as approved by appropriate
VA authorities, such as the release of information under the Freedom
of Information Act.
2. In the event that a system of records maintained by this
agency to carry out its functions indicates a violation or potential
violation of law, whether civil, criminal or regulatory in nature,
and whether arising by general statute or particular program statute,
or by regulation, rule or order issued pursuant thereto, the relevant
records in the system of records may be referred, as a routine use,
to the appropriate agency, whether Federal, State, local or foreign,
charged with the responsibility of investigating or prosecuting such
violation or charged with enforcing or implementing the statute, or
rule, regulation or order issued pursuant thereto.
3. A record from this system of records may be disclosed as a
`routine use' to a Federal, State or local agency maintaining civil,
criminal or other relevant information, such as current licenses, if
necessary to obtain information relevant to an agency decision
concerning the hiring or retention of an employee, the issuance of a
security clearance, the letting of a contract, or the issuance of a
license, grant or other health, educational or welfare benefits.
4. A record from this system of records may be disclosed to a
Federal agency, in response to its request, in connection with the
hiring or retention of an employee, the issuance of a security
clearance, the reporting of an investigation of an employee, the
letting of a contract, or the issuance of a license, grant, or other
benefit by the requesting agency, to the extent that the information
is relevant and necessary to the requesting agency's decision on the
matter.
5. Disclosure may be made to a congressional office from the
record of an individual in response to an inquiry from the
congressional office made at the request of that individual.
6. Disclosure may be made to NARA (National Archives and Records
Administration) GSA (General Services Administration) in records
management inspections conducted under authority of 44 U.S.C. 2904
and 2906.
Policies and practices for storing, retrieving, accessing,
retaining, and disposing of records in the system:
Storage: Punched cards.
Retrievability: Indexed by employee identification number.
Safeguards: Physical Security: Access to VA working and storage
areas is restricted to VA employees on a `need to know' basis.
Generally, VA file areas are locked after normal duty hours and are
protected from outside access by the Federal Protective Service.
Strict control measures are enforced to ensure that disclosure is
limited to a `need to know' basis.
Retention and disposal: Records are retained until termination of
employment. Destruction of records is accomplished by shredding or
incineration.
System manager(s) and address: Director Engineering Service (138),
VA Central Office, Washington, DC 20420.
Notification procedure: An individual seeking information
concerning the existence and contents of a record pertaining to
himself should submit a written request or apply in person to the
nearest VA health care facility. All inquiries must reasonably
identify the system of records involved. Inquiries should include the
individual's full name, employee identification number, approximate
date(s) of employment, and location of the health care facility where
employed.
Record access procedures: Veterans, beneficiaries, service
personnel or duly authorized representatives seeking information
regarding access to and contesting of Department of Medicine and
Surgery Engineering Employee Management Information Records-VA
records may contact the Engineering Officer at the nearest VA health
care facility.
Contesting record procedures: (See Record Access Procedures above.)
Record source categories: Employee and supervisory personnel.
08VA05
System name: Employee Medical File System Records (Title 38)--
VA.
System location:
For current employees, records are located in VA medical,
personnel, dispensary, health, safety or other designated offices at
Central Office and field facilities (see Appendix 1); with another
agency providing such services for the VA; or with private sector
contractors. For former employees, most records will be located in an
Employee Medical Folder (EMF) stored in Federal records centers
operated by the National Archives and Records Administration (NARA).
Paper record abstract information is stored in automated storage
media records that are maintained at the health care facilities.
Categories of individuals covered by the system:
The following categories of individuals are covered by this
system: current or former VA employees appointed under 38 U.S.C.
Chapter 73 to the occupations identified in 38 U.S.C. 4103, 4104(1),
and 4104(3); individuals in those occupations who are appointed under
38 U.S.C. 4114; and residents appointed under 38 U.S.C. 4114(b). This
includes employees such as non-physician facility Directors,
physicians, dentists, podiatrists, optometrists, nurses, nurse
anesthetists, physician assistants, expanded-function dental
auxiliaries, certified respiratory therapy technicians, registered
respiratory therapists, licensed physical therapists, and licensed
practical or vocational nurses. Current and former employees
appointed under 38 U.S.C. Chapter 75 in the Veterans Canteen Service
are also covered.
Categories of records in the system:
Records maintained in this system include: (1) Medical records,
forms, and reports completed or obtained when an individual applies
for a Federal job and is subsequently employed; (2) Medical records,
forms, and reports completed during employment as a condition of
employment, either by the VA or by another agency, State or local
government entity, or a private sector entity under contract to the
VA; (3) Records resulting from the testing of the employee for use of
illegal drugs under Executive Order 12564. Such records may be
retained by the VA (e.g., by the VA Medical Review Official) or by a
contractor laboratory. This includes records of negative results,
confirmed or unconfirmed positive test results, and lists of who has
been tested, who failed to report for testing, and related documents.
Records maintained by a VA dispensary are included in the system only
when they are the result of a condition of employment or related to
an on-the-job occurrence. (4) Files containing reports of on-the-job
injuries and medical records, forms, and reports generated as a
result of the filing of a claim for Workers' Compensation, whether
the claim is accepted or not. (The official compensation claim file,
maintained by the Department of Labor's Office of Workers'
Compensation Program (OWCP) is part of that agency's system of
records and not covered by this notice.) (5) All other medical
records, forms, and reports created on an employee during his or her
period of employment, including records retained on a short term/
temporary basis (i.e., those designated to be retained only while the
employee is with the VA) and records designated for long-term
retention (i.e., those retained for the employee's duration of
Federal service and for some period of time thereafter).
Authority for maintenance of the system:
Executive Order 12564; Urgent Relief for the Homeless
Supplemental Appropriations Act of 1987, Pub. L. No. 100-71, Section
503, 101 Stat. 468 (1987); and Title 38, United States Code, Chapter
3, Section 210(c)(1,); Chapter 73, Section 4108 and Chapter 75,
Section 4202.
Routine uses of records maintained in the system, including
categories of users and the purposes of such uses:
Except for Routine Use 7, no other Routine Use for this system of
records applies to records included in Item (3) in the Categories of
Records in the System section of this notice. Drug test results may
not be released under any other routine use.
1. In the event that a system of records maintained by this
agency to carry out its function indicates a violation or potential
violation of law, whether civil, criminal or regulatory in nature and
whether arising by general statute or particular program statute, or
by regulation, rule or order issued pursuant thereto, the relevant
records in the system of records may be referred, as a routine use,
to the appropriate agency, whether Federal, State, local or foreign,
charged with the responsibility of investigation or prosecuting such
violation or charged with enforcing or implementing the statute, or
rule, regulation or order issued pursuant thereto.
2. To assess physical capability of employees and to provide data
for periodic reports of the health services program to the Civil
Service Commission.
3. Information may be disclosed from this system of records to a
Federal, State, or local agency to the extent necessary to comply
with laws governing reporting of communicable diseases.
4. Disclosure may be made to a congressional office from the
record of an individual in response to an inquiry from the
congressional office made at the request of that individual.
5. Disclosure may be made to NARA (National Archives and Records
Administration) GSA (General Services Administration) in records
management inspections conducted under authority of 44 U.S.C. 2904
and 2906.
5. To disclose information to the Department of Labor, Social
Security Administration, or a national, State, or local social
security type agency, when necessary to adjudicate a claim (filed by
or on behalf of the individual) under a retirement, insurance, or
health benefit program.
6. To disclose information to another Federal agency, to a court,
or a party in litigation before a court or in an administrative
proceeding being conducted by a Federal agency, either when the
Government is a party to a judicial proceeding or to comply with the
issuance of a subpoena.
7. To disclose the results of a drug test of a Title 38 employee
pursuant to an order of a court of competent jurisdiction where
required by the United States Government to defend against any
challenge against any adverse personnel action.
8. To disclose information to the Department of Justice, or in a
proceeding before a court, adjudicative body, or other administrative
body before which the VA is authorized to appear, when: (a) The VA,
or any component thereof; or (b) any VA employee in his or her
official capacity; or (c) any VA employee in his or her individual
capacity where the Department of Justice or the VA has agreed to
represent the employee; or (d) the United States, where the VA
determines that litigation is likely to affect the VA or any of its
components, is a party to litigation or has an interest in such
litigation, and the use of such records by the Department of Justice
or the VA is deemed by the VA to be relevant and necessary to the
litigation, provided, however, that in each case it has been
determined that the disclosure is compatible with the purpose for
which the records were collected.
9. To disclose in response to a request for discovery or for
appearance of a witness, information that is relevant to the subject
matter involved in a pending judicial or administrative proceeding.
10. To disclose pertinent information to the appropriate Federal,
State or local agency responsible for investigating, prosecuting,
enforcing, or implementing a statute, rule, regulation, or order when
the disclosing agency becomes aware of an indication of a violation
or potential violation of civil or criminal law or regulation.
11. To disclose information to the Office of Management and
Budget (OMB) at any stage in the legislative coordintion and
clearance process in connection with private relief legislation as
set forth in OMB Circular No. A-19.
12. To disclose information to officials of the Merit Systems
Protection Board including the Office of Special Counsel, the Federal
Labor Relations Authority and its general counsel, the Equal
Employment Opportunity Commission, arbitrators, and hearing examiners
to the extent necessary to carry out their authorized duties.
13. To disclose information to survey team members from the Joint
Commission on Accreditation of Healthcare Organizations (JCAHO) when
requested in connection with an accreditation review, but only to the
extent that the information is relevant and necessary to meet JCAHO
standards.
14. To disclose to health insurance carriers contracting with the
Office of Personnel Management to provide a health benefits plan
under the Federal Employee Health Benefits Program, information
necessary to verify eligibility for payment of a claim for health
benefits or to carry out the coordination of audit of benefit
provisions of such contracts.
15. To locate individuals for health research or survey response
and in the production of summary descriptive statistics and
analytical studies (e.g., epidemiological studies) in support of the
function for which the records are collected and maintained. While
published statistics and studies do not contain individual
identifiers, in some instances the selection of elements of data
included in the study might be structured in such a way as to make
the data individually identifiable by inference.
16. To disclose information to the Office of Federal Employees
Group Life Insurance that is relevant and necessary to verify
election, declination, or waiver of regular and/or optional life
insurance coverage or eligibility for payment of a claim for life
insurance.
17. To disclose information, when an individual to whom a record
pertains is mentally incompetent or under other legal disability, to
any person who is responsible for the care of the individual, to the
extent necessary.
18. To disclose to the agency-appointed representative of an
employee all notices, determinations, decisions, or other written
communications issued to the employee, in connection with an
examination ordered by the agency under: (a) Medical evaluation
(formerly Fitness for Duty) examinations procedures, or (b) agency-
filed disability retirement procedures.
19. To disclose to a requesting agency, organization, or
individual the home address and other information concerning those
individuals who it is reasonably believed might have contracted an
illness or been exposed to or suffered from a health hazard while
employed in the Federal work force.
20. To disclose information to a Federal agency, in response to
its request or at the initiation of the VA, in connection with the
retention of an employee, the issuance of a security clearance, the
conducting of a suitability or security investigation of an
individual, the letting of a contract, or the issuance of a license,
grant, or other benefit by the other agency, or the lawful statutory,
administrative or investigative purpose of the agency to the extent
that the information is relevant and necessary to the other agency's
decision on the matter.
21. To disclose to any Federal, State, or local government
agency, in response to its request or at the initiation of the VA,
information relevant and necessary to the lawful, statutory,
administrative, or investigatory purpose as it relates to the conduct
of job related epidemiological research or the assurance of
compliance with Federal, State, or local government laws on health
and safety in the work environment.
22. To disclose to officials of labor organizations recognized
under 5 U.S.C. Chapter 71, analyses using exposure or medical records
and employee exposure records, in accordance with the record access
rules of the OSHA, Department of Labor, and subject to the
limitations of 29 CFR 1910.20(e)(2)(iii)(B).
23. Records from this system of records may be disclosed to a
Federal Agency or to a State or local government licensing board and/
or to the Federation of State Medical Boards or a similar
nongovernment entity which maintains records concerning individuals'
employment histories or concerning the issuance, retention or
revocation of licenses, certifications, or registrations necessary to
practice an occupation, profession or specialty, in order for the
Agency to obtain information relevant to an Agency decision
concerning the hiring, retention or termination of an employee or to
inform a Federal Agency or licensing boards or the appropriate
nongovernment entities about the health care practices of a
terminated, resigned or retired health care employee whose
professional health care activity so significantly failed to conform
to generally accepted standards of professional medical practice as
to raise reasonable concern for the health and safety of patients in
the private sector or from another Federal Agency. These records may
also be disclosed as part of an ongoing computer matching program to
accomplish these purposes.
24. Information in this system of records may be disclosed to a
State or local government entity which has the legal authority to
make decisions concerning the issuance, retention or revocation of
licenses, certifications or registrations required to practice a
health care profession, when requested in writing by an investigator
or supervisory official of the licensing entity for the purpose of
making a decision concerning the issuance, retention or revocation of
the license, certification or registration of a named health care
professional.
25. Identifying information in this system, including name,
address, social security number and other information as is
reasonably necessary to identify such individual, may be disclosed to
the National Practitioner Data Bank at the time of hiring and/or
clinical privileging/reprivileging of health care practitioners, and
other times as deemed necessary by VA, in order for VA to obtain
information relevant to a Department decision concerning the hiring,
privileging/reprivileging, retention or termination of the applicant
or employee.
26. Relevant information from this system of records may be
disclosed to the National Practitioner Data Bank and/or State
Licensing Board in the State(s) in which a practitioner is licensed,
in which the VA facility is located, and/or in which an act or
omission occurred upon which a medical malpractice claim was based
when VA reports information concerning: (1) Any payment for the
benefit of a physician, dentist, or other licensed health care
practitioner which was made as the result of a settlement or judgment
of a claim of medical malpractice if an appropriate determination is
made in accordance with agency policy that payment was related to
substandard care, professional incompetence or professional
misconduct on the part of the individual; (2) a final decision which
relates to possible incompetence or improper professional conduct
that adversely affects the clinical privileges of a physician or
dentist for a period longer than 30 days; or, (3) the acceptance of
the surrender of clinical privileges or any restriction of such
privileges by a physician or dentist either while under investigation
by the health care entity relating to possible incompetence or
improper professional conduct, or in return for not conducting such
an investigation or proceeding. These records may also be disclosed
as part of a computer matching program to accomplish these purposes.
Policies and practices for storing, retrieving, accessing,
retaining, and disposing of records in the system:
Storage:
Records are stored in paper folders, microfiche, magnetic discs,
magnetic tape, and on file cards, X-rays, or other medical reports
and forms. These records are stored in VA medical, personnel,
dispensary, health, safety or other designated offices at Central
Office and field facilities. Information in the Decentralized
Hospital Computer Program (DHCP) system is stored at health care
facilities.
Retrievability:
Records are retrieved by the employee's name, date of birth,
social security number, or any combination of those identifiers.
Safeguards:
Records are stored in locked file cabinets or locked rooms.
Generally, file areas are locked after normal duty hours. Automated
records are protected by restricted access procedures and audit
trails. Access to Employee Medical File System records is strictly
lilmited to VA or contractor officials with a bona fide need for
access to the records. Strict control measures are enforced to ensure
that access to and disclosure from these records are limited to a
``need-to-know basis.'' In VA Central Office these records are
maintained in staffed rooms during working hours. During nonworking
hours, there is limited access to the building with visitor control
by security personnel. Access to the DHCP computer rooms within the
health care facilities is generally limited by appropriate locking
devices and restricted to authorized VA employees and vendor
personnel. Automated data processing peripheral devices are generally
placed in secure areas (areas that are locked or have limited access)
or are otherwise protected. Information in the DHCP system may be
accessed by authorized VA employees. Access to file information is
controlled at two levels; the system recognizes authorized employees
by a series of individually unique passwords/codes as a part of each
data message, and the employees are limited to only that information
in the file which is needed in the performance of their official
duties. Drug testing records will be maintained in accordance with
the Urgent Relief for the Homeless Supplemental Appropriations Act of
1987, Pub. L. No. 100-71, Section 503, 101 Stat. 468 (1987).
Contractor laboratories are subject to the same restrictions as VA
employees.
Retention and disposal:
Records are retained in accordance with records retention
standards approved by the Archivist of the United States, the
National Archives and Records Administration, and published in Agency
Records Control Schedules. Records arising in connection with
employee drug testing under Executive Order 12564 are generally
retained for up to 2 years. Records are destroyed by shredding,
burning, or by erasing the magnetic media. Automated storage media is
retained and disposed of in accordance with disposition authorization
approved by the Archivist of the United States.
System manager(s) and address:
Director, Office of Personnel and Labor Relations (05), VA
Central Office, 810 Vermont Avenue NW, Washington, DC 20420.
Notification procedure:
Individuals wishing to inquire whether this sytem of records
contains records on them should follow the appropriate procedure
listed below.
a. Current employees. Current employees should contact the local
facility at which they are employed. Individuals must furnish such
identifying information as required by VA for their records to be
located and identified.
b. Former employees. Former employees should contact the local
facility at which they were employed. Individuals submitting requests
must submit the following information for their records to be located
and identified: (1) Full name, (2) date of birth, (3) social security
number, (4) name and location of VA facility where last employed and
dates of employment, and (5) signature.
Record access procedures:
Individuals requesting access to and contesting the contents of
records must submit the following information for their records to be
located and identified: (1) Full name, (2) date of birth, (3) social
security number, (4) name and location of VA facility where last
employed and dates of employment, and (5) signature.
Contesting record procedures:
(See Record Access Procedures above).
Record source categories:
Records in this system are obtained from: The individual to whom
the records pertain, VA employee health unit staff, Federal and
private sector medical practitioners and treatment facilities,
supervisors/managers and other VA officials, testimony of witness,
and other VA records.
09VA05
System name: Employee Unfair Labor Practice Charges and
Complaints, Negotiated Agreement Grievances and Arbitrations-VA.
System location: VA station personnel offices, whose address
locations are listed in VA Appendix 1 at the end of this document.
Categories of individuals covered by the system: VA employees or
labor union representatives who have filed, in the name of VA
employees, unfair labor practice charges or complaints and negotiated
agreement grievances.
Categories of records in the system: Various material, considered
pertinent by parties to proceedings, needed for processing charges,
complaints, grievances and arbitrations.
Authority for maintenance of the system: Executive Order 11491 as
amended.
Routine uses of records maintained in the system, including
categories of users and the purposes of such uses:
1. In the event that a system of records maintained by this
agency to carry out its function indicates a violation or potential
violation of law, whether civil, criminal or regulatory in nature and
whether arising by general statute or particular program statute, or
by regulation, rule or order issued pursuant thereto, the relevant
records in the system of records may be referred, as a routine use,
to the appropriate agency, whether Federal, State, local or foreign,
charged with the responsibility of investigation or prosecuting such
violation or charged with enforcing or implementing the statute, or
rule, regulation or order issued pursuant thereto.
2. Files may be released to arbitrators for processing
arbitrations and to authorized Department of Labor officers for
processing unfair labor practice complaints.
3. Disclosure may be made to a congressional office from the
record of an individual in response to an inquiry from the
congressional office made at the request of that individual.
4. Disclosure may be made to NARA (National Archives and Records
Administration) GSA (General Services Administration) in records
management inspections conducted under authority of 44 U.S.C. 2904
and 2906.
5. Records from this system of records may be disclosed to a
Federal Agency or to a State or local government licensing board and/
or to the Federation of State Medical Boards or a similar
nongovernment entity which maintains records concerning individuals'
employment histories or concerning the issuance, retention or
revocation of licenses, certifications, or registration necessary to
practice an occupation, profession or specialty , in order for the
Agency to obtain information relevant to an Agency decision
concerning the hiring, retention or termination of an employee or to
inform a Federal Agency or licensing boards or the appropriate
nongovernment entities about the health care practices of a
terminated, resigned or retired health care employee whose
professional health care activity so significantly failed to conform
to generally accepted standards of professional medical practice as
to raise reasonable concern for the health and safety of patients in
the private sector or from another Federal Agency. These records may
also be disclosed as part of an ongoing computer matching program to
accomplish these purposes.
6. Identifying information in this system, including name,
address, social security number and other information as is
reasonably necessary to identify such individual, may be disclosed to
the National Practitioner Data Bank at the time of hiring and/or
clinical privileging/reprivileging of health care practitioners, and
other times as deemed necessary by VA, in order for VA to obtain
information relevant to a Department decision concerning the hiring,
privileging/reprivileging, retention or termination of the applicant
or employee.
7. Relevant information from this system of records may be
disclosed to the National Practitioner Data Bank and/or State
Licensing Board in the State(s) in which a practitioner is licensed,
in which the VA facility is located, and or in which an act or
omission occurred upon which a medical malpractice claim was based
when VA reports information concerning: (1) Any payment for the
benefit of a physician, dentist, or other licensed health care
practitioner which was made as the result of a settlement or judgment
of a claim of medical malpractice if an appropriate determination is
made in accordance with agency policy that payment was related to
substandard care, professional incompetence or professional
misconduct on the part of the individual; (2) a final decision which
relates to possible incompetence or improper professional conduct
that adversely affects the clinical privileges of a physician or
dentist for a period longer than 30 days; or, (3) the acceptance of
the surrender of clinical privileges or any restriction of such
privileges by a physician or dentist either while under investigation
by the health care entity relating to possible incompetence or
improper professional conduct, or in return for not conducting such
an investigation or proceeding. These records may also be disclosed
as part of a computer matching program to accomplish these purposes.
Policies and practices for storing, retrieving, accessing,
retaining, and disposing of records in the system:
Storage: Paper documents in files.
Retrievability: Alphabetically by name at some VA stations. Some
stations do not maintain records retrievable by name or other
personal identifier.
Safeguards: Access to files is restricted to authorized Va
employees in the Personnel Office and to operating officials.
Retention and disposal: Records are retained indefinitely.
System manager(s) and address: Officials maintaining the system-VA
Personnel Officers where records are maintained. (See VA Appendix 1
for local addresses.) Official responsible for policies and
procedures-Asistant Administrator for Personnel (05), VA Central
Office, Washington, DC 20420.
Notification procedure: VA station Personnel Officer. Individual
should provide full name, social security number and date and nature
of proceeding involved.
Record access procedures: Individuals or representatives designated
in writing may contact their servicing Personnel Office for gaining
access to their records and contesting the contents thereof.
Contesting record procedures: (See Record Access Procedures above.)
Record source categories: VA officials, employees, and labor
organization officials.
10VA31
System name: Employee Reporting System for Project
Administration and Control (Office of Data Management and
Telecommunications)VA.
System location: Records are located at VA Central Office and at
the VA Data Processing Centers (Address locations are listed in
Appendix 1).
Categories of individuals covered by the system: The following
categories of individuals will be covered by this system: All Office
of Data Management and Telecommunications employees.
Categories of records in the system: Detailed record of Project
Assignments and related task assignments; Resource record for
reporting time, in hours, individual spends on administrative
overhead tasks.
Authority for maintenance of the system: Title 5, United States
Code 301.
Routine uses of records maintained in the system, including
categories of users and the purposes of such uses:
1. All of the information contained in this system of records is
used for official purposes of the Veterans Administration; all such
uses of the information are compatible with the purpose for which the
information was collected.
2. In the event that a system of records maintained by this
agency to carry out its functions indicates a violation or potential
violation of law, whether civil, criminal or regulatory in nature,
and whether arising by general statute or particular program statute,
or by regulation, rule or order issued pursuant thereto, the relevant
records in the system of records may be referred, as a routine use,
to the appropriate agency, whether Federal, State, local or foreign,
charged with the responsibility of investigating or prosecuting such
violation or charged with enforcing or implementing the statute, or
rule, regulation or order issued pursuant thereto.
3. Disclosure may be made to a congressional office from the
record of an individual in response to an inquiry from the
congressional office made at the request of that individual.
4. Disclosure may be made to NARA (National Archives and Records
Administration) GSA (General Services Administration) in records
management inspections conducted under authority of 44 U.S.C. 2904
and 2906.
Policies and practices for storing, retrieving, accessing,
retaining, and disposing of records in the system:
Storage: Records are stored on paper documents, magnetic disc and
tape.
Retrievability: Records are retrievable by a coded employee
identifier.
Safeguards: Physical security requires that employees wear
identification badges. Special identification badges are required to
enter the computer site.
Retention and disposal: Once the information on the source (paper)
documents is stored on a magnetic disc or tape, and the information
is verified for accuracy, the source documents are destroyed.
Generally, source documents are destroyed within one week of
verification. Magnetic disc and tape records are updated weekly and
retained for various periods from 3 months up to 2 years after which
time they are destroyed.
System manager(s) and address: Chief, Project Management Division
(313), Office of Data Management and Telecommunications, VA Central
Office, Washington, DC 20420.
Notification procedures:An individual seeking information
concerning the existence and contents of a record pertaining to
himself or herself should submit a written request or apply in person
to the Director of Data Processing where either previously or
currently employed. VA Central Office personnel should submit a
written request or apply in person to their Service or Staff Office
Director where previously or currently employed. Inquiries should
include the individual's full name and TRIMS identification, if
known, and approximate dates of employment.
Record access procedures: Individuals or their authorized
representatives seeking information regarding access to and
contesting of their TRIMS Record may contact the Director of the
ODM&T Central Office, Service/Staff Office of VA Data Processing
Center where the individual is (was) employed.
Contesting record procedures: (See Record Access Procedures above.)
Record source categories: Project budget and project objective by
supervisor/individual, individual workload data by individual.
11VA51
System name: Investigation Reports of Persons Allegedly Involved
in Irregularities Concerning VA Laws, Regulations, Etc.--VA
(11VA51).
System location:
Inspector General, Office of Investigations (51), Washington, DC
20420.
Categories of individuals covered by the system:
The following categories of individuals will be covered by the
system: (1) Employees, (2) veterans and, (3) third parties such as
contractors, who conduct official business with the VA.
Categories of records in the system:
Records (or information contained in records) in this system
include reports of investigation of the Office of Inspector General.
These reports may include (1) a narrative summary or synopsis; (2)
exhibits; (3) internal documentation and memoranda, and (4)
affidavits. The name of the subject of an investigation, station at
which an investigation took place, Inspector General's investigation
number, time period investigation took place, and the Inspector
General's recommended action are maintained on a file card. A summary
of the report of investigation is also maintained.
Authority for maintenance of the system:
Title 38, U.S.C. 210(c)(1); title 5, U.S.C., Appendix 1, section
7(a).
Routine uses of records maintained in the system, including
categories of users and the purposes of such uses:
1. The record of an individual who is covered by this system may
be disclosed to a member of Congress or staff person acting for the
member when the member or staff person requests the records on behalf
of and at the request of that individual.
2. Any information in this system may be disclosed to a Federal
agency, upon its official request, to the extent that it is relevant
and necessary to that agency's decision regarding: The hiring,
retention or transfer of an employee, the issuance of a security
clearance, the letting of a contract, or the issuance or continuance
of a license, grant or other benefit given by that agency. However,
in accordance with an agreement with the U.S. Postal Service,
disclosures to the U.S. Postal Service for decisions concerning the
employment of veterans will only be made with the veteran's prior
written consent.
3. Any information in this system may be disclosed to a State or
local agency, upon its official request, to the extent that it is
relevant and necessary to that agency's decision on: The hiring,
transfer or retention of an employee, the issuance of a security
clearance, the letting of a contract, or the issuance or continuance
of a license, grant or other benefit by the agency; provided, that if
the information pertains to a veteran, the name and address of the
veteran will not be disclosed unless the name and address is provided
first by the requesting State or local agency.
4. Any information in this system, except the name and address of
a veteran may be disclosed to a Federal, State or local agency
maintaining civil or criminal violation records, or other pertinent
information such as prior employment history, prior Federal
employment background investigations, and/or personal or educational
background in order for the VA to obtain information relevant to the
hiring, transfer or retention of an employee, the letting of a
contract, the granting of a security clearance, or the issuance of a
grant or other benefit. The name and address of a veteran may be
disclosed to a Federal agency under this routine use if this
information has been requested by the Federal agency in order to
respond to the VA inquiry.
5. Any information in this system, except the name and address of
a veteran, which is relevant to a suspected violation or reasonably
imminent violation of law, whether civil, criminal or regulatory in
nature and whether arising by general or program statute or by
regulation, rule or order issued pursuant thereto, may be disclosed
to a Federal, State, local or foreign agency charged with the
responsibility of investigating or prosecuting such violation, or
charged with enforcing or implementing the statute, regulation, rule
or order issued pursuant thereto.
6. The name and address of a veteran, which is relevant to a
suspected violation or reasonably imminent violation of law, whether
civil, criminal or regulatory in nature and whether arising by
general or program statute or by regulation, rule or order issued
pursuant thereto, may be disclosed to a Federal agency charged with
the responsibility of investigating or prosecuting such violation, or
charged with enforcing or implementing the statute, regulation, rule
or order issued pursuant thereto, in response to its official
request.
7. The name and address of a veteran, which is relevant to a
suspected violation or reasonably imminent violation of law
concerning public health or safety, whether civil, criminal or
regulatory in nature and whether arising by general or program
statute or by regulation, rule or order issued pursuant thereto, may
be disclosed to any foreign State or local governmental agency or
instrumentality charged under applicable law with the protection of
the public health or safety if a qualified representative of such
organization, agency or instrumentality has made a written request
that such name and address be provided for a purpose authorized by
law.
8. Any information in this system may be disclosed to a Federal
grand jury, a Federal court or a party in litigation, or a Federal
agency or party to an administrative proceeding being conducted by a
Federal agency, in order for the VA to respond to and comply with the
issuance of a Federal subpoena.
9. Any information in this system may be disclosed to a State or
municipal grand jury, a State or municipal court or party in
litigation, or to a State or municipal administrative agency
functioning in a quasi-judicial capacity or a party to a proceeding
being conducted by such agency, in order for the VA to respond to and
comply with the issuance of a State or municipal subpoena; provided,
that any disclosure of claimant information concerning a veteran-
claimant made under this routine use must comply with the provisions
of 38 CFR 1.511.
10. Any information in this system may be disclosed to the Office
of Special Counsel, upon its official request, when required for the
Special Counsel's review of the complainant's allegations of
prohibited personnel practices.
11. The name, address, and other identifying data, including
title, date and place of birth, Social Security number, and summary
information concerning an individual who, for fraudulent or deceitful
conduct either as an employee or while conducting or seeking to
conduct business with the Agency, has been convicted of violating
Federal or State law or has been debarred or suspended from doing
business with the VA, may be furnished to other Federal agencies to
assist such agencies in preventing and detecting possible fraud or
abuse by such individual in their operations and programs. This
routine use applies to all information in this System of Records
which can be retrieved by name or by some identifier assigned to an
individual, regardless of whether the information concerns the
individual in a personal or in an entrepreneurial capacity.
12. Records from this system of records may be disclosed to a
Federal Agency or to a State or local government licensing board and/
or to the Federation of State Medical Boards or a similar
nongovernment entity which maintains records concerning individuals'
employment histories or concerning the issuance, retention or
revocation of licenses, certifications, or registration necessary to
practice an occupation, profession or specialty , in order for the
Agency to obtain information relevant to an Agency decision
concerning the hiring, retention or termination of an employee or to
inform a Federal Agency or licensing boards or the appropriate
nongovernment entities about the health care practices of a
terminated, resigned or retired health care employee whose
professional health care activity so significantly failed to conform
to generally accepted standards of professional medical practice as
to raise reasonable concern for the health and safety of patients in
the private sector or from another Federal Agency. These records may
also be disclosed as part of an ongoing computer matching program to
accomplish these purposes.
13. Identifying information in this system, including name,
address, social security number and other information as is
reasonably necessary to identify such individual, may be disclosed to
the National Practitioner Data Bank at the time of hiring and/or
clinical privileging/reprivileging of health care practitioners, and
other times as deemed necessary by VA, in order for VA to obtain
information relevant to a Department decision concerning the hiring,
privileging/reprivileging, retention or termination of the applicant
or employee.
14. Relevant information from this system of records may be
disclosed to the National Practitioner Data Bank and/or State
Licensing Board in the State(s) in which a practitioner is licensed,
in which the VA facility is located, and/or in which an act or
omission occurred upon which a medical malpractice claim was based
when VA reports information concerning: (1) Any payment for the
benefit of a physician, dentist, or other licensed health care
practitioner which was made as the result of a settlement or judgment
of a claim of medical malpractice if an appropriate determination is
made in accordance with agency policy that payment was related to
substandard care, professional incompetence or professional
misconduct on the part of the individual; (2) a final decision which
relates to possible incompetence or improper professional conduct
that adversely affects the clinical privileges of a physician or
dentist for a period longer than 30 days; or, (3) the acceptance of
the surrender of clinical privileges or any restriction of such
privileges by a physician or dentist either while under investigation
by the health care entity relating to possible incompetence or
improper professional conduct, or in return for not conducting such
an investigation or proceeding. These records may also be disclosed
as part of a computer matching program to accomplish these purposes.
Policies and practices for storing, retrieving, accessing,
retaining, and disposing of records in the system:
Storage:
Records are maintained in individual file folders and on file
cards.
Retrievability:
File cards may be indexed by the last name of the subject(s) of
an investigation. File folders containing reports of investigation
and summaries of the reports are individually retrievable by means of
a cross indexing with the file cards.
Safeguards:
Access to the file folders and file cards (which are kept in
cabinets) is restricted to authorized personnel on a need-to-know
basis. The file room and cabinets are locked after duty hours, and
the building is protected from unauthorized access by a protective
service.
Retention and disposal:
Investigation reports are maintained by the Office of Inspector
General until final action is taken. Once final action has been
taken, the report is to the VACO Records Management Section where it
is maintained for 5 years. It is then forwarded to the Federal
Records Center where it is maintained for 25 years and then destroyed
by shredding. File cards and summaries of all investigations are
maintained by the Office of Inspector General for 30 years and then
destroyed by shredding.
System manager(s) and address:
Assistant Inspector General for Investigations (51), VA Central
Office, Washington, DC 20420.
Notification procedure:
An individual who wishes to determine whether a record is being
maintained by the Assistant Inspector General for Investigations
under his or her name in this system or wishes to determine the
contents of such records should submit a written request or apply in
person to the Assistant Inspector General for Investigations (51).
However, a majority of records in this system are exempt from the
notification requirement under 5 U.S.C. 552a (j) and (k). To the
extent that records in this system of records are not subject to
exemption, they are subject to notification. A determination as to
whether an exemption applies shall be made at the time a request for
notification is received.
Record access procedures:
An individual who seeks access to or wishes to contest records
maintained under his or her name in this system may write, call or
visit the Assistant Inspector General for Investigations (51).
However, a majority of records in this system are exempt from the
record access and contesting requirements under 5 U.S.C. 552a (j) and
(k). To the extent that records in this system of records are not
subject to exemption, they are subject to access and contest. A
determination as to whether an exemption applies shall be made at the
time a request for access or contest is received.
Contesting record procedures:
(See Record access procedures above.)
Record source categories:
Information is obtained from third-party organizations such as
schools and financial institutions, VA employees, veterans and VA
records.
Systems exempted from certain provisions of the act:
Under 5 U.S.C. 552a(j)(2), the head of any agency may exempt any
system of records within the agency from certain provisions of the
Privacy Act, if the agency or component that maintains the system
performs as its principal function any activities pertaining to the
enforcement of criminal laws. The Inspector General Act of 1978, Pub.
L. 95-452, mandates the Inspector General to recommend policies for,
and to conduct, supervise and coordinate activities in the Veterans
Administration and between the Veterans Administration and other
Federal, State and local governmental agencies with respect to all
matters relating to the prevention and detection of fraud programs
and operations administered or financed by the Veterans
Administration and to the identification and prosecution of
participants in such fraud. Under the Act, whenever the Inspector
General has reasonable grounds to believe there has been a violation
of Federal criminal law, the Inspector General must report the matter
expeditiously to the Attorney General.
This system of records has been created in major part to support
the criminal law-related activities assigned by the Inspector General
to the Office of Investigations. These activities constitute the
principal function of this staff.
In addition to principal functions pertaining to the enforcement
of criminal laws, the Inspector General may receive and investigate
complaints or information from various sources concerning the
possible existence of actvities constituting noncriminal violations
of law, rules or regulations, or mismanagement, gross waste of funds,
abuses of authority or substantial and specific danger to the public
and safety. This system of records also exists to support inquiries
by the Assistant Inspector General for Investigations into these
noncriminal violation types of activities.
Based upon the foregoing, the Administrator of Veterans Affairs
has exempted this system of records, to the extent that it
encompasses information pertaining to criminal law-related
activities, from the following provisions of the Privacy Act of 1974,
as permitted by 5 U.S.C. 552a(j)(2):
5 U.S.C. 552a(c) (3) and (4);
5 U.S.C. 552a(d);
5 U.S.C. 552a(e) (1), (2) and (3);
5 U.S.C. 552a(e)(4) (G), (H) and (I);
5 U.S.C. 552a(e) (5) and (8);
5 U.S.C. 552a(f);
5 U.S.C. 552a(g).
The Administrator of Veterans Affairs has exempted this system of
records, to the extent that it does not encompass information
pertaining to criminal law-related activities under 5 U.S.C.
552a(j)(2), from the following provisions of the Privacy Act of 1974,
as permitted by 5 U.S.C. 552a(k)(2):
5 U.S.C. 552a(c)(3);
5 U.S.C. 552a(d);
5 U.S.C. 552a(e)(1);
5 U.S.C. 552a(e)(4) (G), (H) and (I);
5 U.S.C. 552a(f).
Reasons for exemptions: The exemption of information and material
in this system of records is necessary in order to accomplish the law
enforcement functions of the Office of Inspector General, to prevent
subjects of investigations from frustrating the investigatory
process, to prevent the disclosure of investigative techniques, to
fulfill commitments made to protect the confidentiality of sources,
to maintain access to sources of information and to avoid endangering
these sources and law enforcement personnel.
12VA01
System name: Individual Requests for Information from Appellate
Records--VA.
System location:
Board of Veterans Appeals, Department of Veterans Affairs, 810
Vermont Avenue, NW, Washington, DC 20420.
Categories of individuals covered by the system:
Persons requesting information under the Freedom of Information
Act and the Privacy Act.
Categories of records in the system:
Requests for information, responses to requests, and loose-leaf
log book.
Authority for maintenance of the system:
5 U.S.C. 552, 552a; 38 CFR 1.556.
Routine uses of records maintained in the system, including
categories of users and the purposes of such uses:
1. In the event that a system of records maintained by this
agency to carry out its functions indicates a violation or potential
violation of law, whether civil, criminal or regulatory in nature,
and whether arising by general statute or particular program statute,
or by regulation, rule or order issued pursuant thereto, the relevant
records in the system of records may be referred, as a routine use,
to the appropriate agency, whether Federal, State, local or foreign,
charged with the responsibility of investigating or prosecuting such
violation or charged with enforcing or implementing the statute, or
rule, regulation or order issued pursuant thereto.
2. Disclosure may be made to a congressional office from the
record of an individual in response to an inquiry from the
congressional office made at the request of that individual.
3. Disclosure may be made to NARA (National Archives and Records
Administration) in records management inspections conducted under
authority of 44 U.S.C. 2904 and 2906.
Policies and practices for storing, retrieving, accessing,
retaining, and disposing of records in the system:
Storage:
File folders and loose-leaf log book.
Retrievability:
By name.
Safeguards:
Files are under the control of the Freedom of Information Act
Officer. They are stored in a secured area. Access to the area is
limited to the officers and employees of the Board who have a need
for the records in the system in the performance of their duties.
Retention and disposal:
Records are retained in accordance with records retention
standards approved by the Archivist of the United States, the
National Archives and Records Administration, and published in Agency
Records Control Schedules. Records are destroyed by shredding or
burning.
System manager(s) and address:
Privacy Act Officer/Freedom of Information Act Officer (01C1),
Board of Veterans Appeals, 810 Vermont Avenue, NW, Washington, DC
20420.
Notification procedure:
An individual desiring to know whether this system of records
contains a record pertaining to him or her, how he or she may gain
access to such a record, and how he or she may contest the content of
such a record may write to the following address: Privacy Act
Officer/Freedom of Information Act Officer (01C1), Board of Veterans
Appeals, 810 Vermont Avenue, NW, Washington, DC 20420. The following
information should be furnished in order to identify the record: His
or her name and the Department of Veterans Affairs claim number, or
other file number, if applicable.
Record access procedures:
Individuals seeking information regarding access to information
contained in this system of records may write, call or visit the
Board of Veterans Appeals Privacy Act Officer/Freedom of Information
Act Officer whose address and telephone number are as follows:
Privacy Act Officer/Freedom of Information Act Officer (01C1), Board
of Veterans Appeals, 810 Vermont Avenue, NW, Washington, DC 20420,
(202) 233-3365.
Contesting record procedures:
(See notification procedures above.)
Record source categories:
Data furnished by persons requesting information, records in the
custody of the Board, and data furnished by Board employees.
13VA047
System name: Individuals Submitting Invoices/Vouchers For
Payment-VA.
System location: VA Data Processing Center, Austin, Texas and the
fiscal offices of Central Office and other field stations where the
fiscal transactions are processed.
Categories of individuals covered by the system: Contractors,
vendors, non-salaried employees, consultants, attendings, fee basis
physicians and dentists, and patients.
Categories of records in the system: Vendor identification
listings, invoices and payment records.
Authority for maintenance of the system: Budget and Accounting Act
of 1950 and General Accounting Office Title 8, Chapter 3.
Routine uses of records maintained in the system, including
categories of users and the purposes of such uses:
To the extent that records contained in the system include
information protected by 38 U.S.C. 4132, i.e., medical treatment
information related to drug abuse, alcoholism or alcohol abuse,
sickle cell anemia or infection with the human immunodeficiency
virus, that information cannot be disclosed under a Routine Use
unless there is also specific statutory authority permitting
disclosure.
1. Transfer payment information necessary to complete payment of
claims and to furnish income data Form 1099 to the Treasury
Department in order to effect payment of claims to vendors and to
furnish income information.
2. In the event that a system of records maintained by this
agency to carry out its functions indicates a violation or potential
violation of law, whether civil, criminal or regulatory in nature,
and whether arising by general statute or particular program statute,
or by regulation, rule or order issued pursuant thereto, the relevant
records in the system of records may be referred, as a routine use,
to the appropriate agency, whether Federal, State, local or foreign,
charged with the responsibility of investigating or prosecuting such
violation or charged with enforcing or implementing the statute, or
rule, regulation or order issued pursuant thereto.
3. A record from this system of records may be disclosed as a
'routine use' to a Federal, State or local agency or to a non-
governmental organization maintaining civil, criminal or other
relevant information, such as current licenses, registration or
certification, if necessary to obtain information relevant to an
agency decision concerning the hiring or retention of an employee,
the use of an individual as a consultant, attending or to provide fee
basis health care, the issuance of a security clearance, the letting
of a contract, or the issuance of a license, grant or other benefits.
These records may also be disclosed as part of an ongoing computer
matching program to accomplish these purposes.
4. A record from this system of records may be disclosed to a
Federal, State or local agency, in response to its request, in
connection with the hiring or retention of an employee, the issuance
of a security clearance, the reporting of an investigation of an
employee, the letting of a contract, or the issuance of a license,
grant, or other benefit by the requesting agency, to the extent that
the information is relevant and necessary to the requesting agency's
decision on the matter.
5. Relevant information from this system of records, including
the nature and amount of financial obligation, may be disclosed as a
routine use, in order to assist the Veterans Administration in the
collection of unpaid financial obligations owed the VA, to a debtor's
employing agency or commanding officer so that the debtor-employee
may be counseled by his or her Federal employer or commanding
officer. This purpose is consistent with 5 U.S.C. 5514, 4 CFR 102.5,
and section 206 of Executive Order 11222 of May 8, 1965 (30 FR 6469).
6. Relevant information from this system of records, including
available identifying data regarding the debtor, such as name of
debtor, last known address of debtor, name of debtor's spouse, social
security account number of debtor, VA insurance number, VA loan
number, VA claim number, place of birth and date of birth of debtor,
name and address of debtor's employer or firm and dates of
employment, may be disclosed to other Federal agencies, State probate
courts, State drivers license bureaus, and State automobile title and
license bureaus as a routine use in order to obtain current address,
locator and credit report assistance in he collection of unpaid
financial obligations owed the U.S. This purpose is consistent with
the Federal Claims Collection Act of 1966 (Pub.L. 89-508, 31 U.S.C.
951-953) and 4 CFR parts 101-105.
7. Disclosure may be made to a congressional office from the
record of an individual in response to an inquiry from the
congressional office made at the request of that individual.
8. Disclosure may be made to NARA (National Archives and Records
Administration) GSA (General Services Administration) in records
management inspections conducted under authority of 44 U.S.C. 2904
and 2906.
9. Records from this system of records may be disclosed to a
Federal Agency or to a State or local government licensing board and/
or to the Federation of State Medical Boards or a similar
nongovernment entity which maintains records concerning individuals'
employment histories or concerning the issuance, retention or
revocation of licenses, certifications, or registration necessary to
practice an occupation, profession or specialty , in order for the
Agency to obtain information relevant to an Agency decision
concerning the hiring, retention or termination of an employee or to
inform a Federal Agency or licensing boards or the appropriate
nongovernment entities about the health care practices of a
terminated, resigned or retired health care employee whose
professional health care activity so significantly failed to conform
to generally accepted standards of professional medical practice as
to raise reasonable concern for the health and safety of patients in
the private sector or from another Federal Agency. These records may
also be disclosed as part of an ongoing computer matching program to
accomplish these purposes.
10. Relevant information (excluding medical treatment information
related to drug or alcohol abuse, infection with the human
immunodeficiency virus or sickle cell anemia) may be disclosed to the
Department of Health and Human Services (HHS) for the purpose of
identifying improper duplicate payments made by Medicare fiscal
intermediaries where VA authorized and was responsible for payment
for medical services obtained at non-VA health care facilities. The
purpose of the review is for HHS to identify duplicate payments and
initiate recovery of identified overpayments and, where warranted,
initiate fraud investigations, or, to seek reimbursement from VA for
those services which were authorized by VA and for which no payment,
or partial payment, was made by VA. HHS will provide information to
identify the patient to include the patient name, address, Social
Security number, date of birth, and information related to the period
of medical treatment for which payment was made by Medicare to
include the name and address of the hospital, the admission and
discharge dates, the services for which payment was made, and the
dates and amounts of payment. Information disclosed from this system
of records will be limited to that information that is necessary to
confirm or disprove an inappropriate payment by Medicare. These
records may also be disclosed as part of an ongoing computer matching
program to accomplish these purposes.
11. Identifying information in this system, including name,
address, social security number and other information as is
reasonably necessary to identify such individual, may be disclosed to
the National Practitioner Data Bank at the time of hiring and/or
clinical privileging/reprivileging of health care practitioners, and
other times as deemed necessary by VA, in order for VA to obtain
information relevant to a Department decision concerning the hiring,
privileging/reprivileging, retention or termination of the applicant
or employee.
12. Relevant information from this system of records may be
disclosed to the National Practitioner Data Bank and/or State
Licensing Board in the State(s) in which a practitioner is licensed,
in which the VA facility is located, and/or in which an act or
omission occurred upon which a medical malpractice claim was based
when VA reports information concerning: (1) Any payment for the
benefit of a physician, dentist, or other licensed health care
practitioner which was made as the result of a settlement or judgment
of a claim of medical malpractice if an appropriate determination is
made in accordance with agency policy that payment was related to
substandard care, professional incompetence or professional
misconduct on the part of the individual; (2) a final decision which
relates to possible incompetence or improper professional conduct
that adversely affects the clinical privileges of a physician or
dentist for a period longer than 30 days; or, (3) the acceptance of
the surrender of clinical privileges or any restriction of such
privileges by a physician or dentist either while under investigation
by the health care entity relating to possible incompetence or
improper professional conduct, or in return for not conducting such
an investigation or proceeding. These records may also be disclosed
as part of a computer matching program to accomplish these purposes.
Policies and practices for storing, retrieving, accessing,
retaining, and disposing of records in the system:
Storage: Paper documents, microfiche, magnetic tape.
Retrievability: Alphabetically by name and numerically by
identification number.
Safeguards: Access to the records is restricted to VA Finance
employees. These records are protected from outside access by Federal
Protective Service.
Retention and disposal: Governed by General Accounting Office
Regulations which require retention for records created prior to July
2,1975: 10 years and 3 months after the period of the account;
records created on and after July 2, 1975: 6 years and 3 months after
the period of the account. Records are normally retired to Federal
Record Centers within 1 or 2 years after payment and audit.
System manager(s) and address: Director, Office of Budget and
Finance (Controller)(04), VA Central Office, Washington, DC 20420.
Notification procedure: Individuals seeking information concerning
the existence of a record pertaining to themselves may submit a
written request to the VA office to which the invoice/voucher was
submitted. All inquiries must reasonably identify the invoice/voucher
involved. Inquiries should include name and return address.
Record access procedures: Individuals or authorized representatives
seeking information regarding access to and contesting of records may
write, call or visit the VA office to which the invoice/voucher was
submitted.
Contesting record procedures: (see Record Access Procedures above)
Record source categories: These payment records are compiled from
documentation from the vendor, contractor, and employee; Dun and
Bradstreet (identifying numbers); and procurement and authorization
documentation generated by the Veterans Administration.
14VA135
System name: Individuals Serving on a Fee Basis or Without
Compensation (Consultants, Attendings, Others) Personnel Records-
VA.
System location: VA station Personnel Offices, whose address
locations are listed in VA Appendix 1 at the end of this document.
Categories of individuals covered by the system: Physicians,
dentists and nurses; student trainees; research personnel; other
scientific and technical personnel.
Categories of records in the system: Copies of application,
appointment letters, other documents and papers maintained in
connection with these appointments.
Authority for maintenance of the system: Title 38, United States
Code, Chapter 73.
Routine uses of records maintained in the system, including
categories of users and the purposes of such uses:
1. All of the information contained in this system of records is
used for official purposes of the Veterans Administration; all such
uses of the information are compatible with the purpose for which the
information was collected.
2. In the event that a system of records maintained by this
agency to carry out its functions indicates a violation or potential
violation of law, whether civil, criminal or regulatory in nature,
and whether arising by general statute or particular program statute,
or by regulation, rule or order issued pursuant hereto, the relevant
records in the system of records may be referred, as a routine use,
to the appropriate agency, whether Federal, State, local or foreign,
charged with the responsibility of investigating or prosecuting such
violation or charged with enforcing or implementing the statute, or
rule, regulation or order issued pursuant thereto.
3. A record from this system of records may be disclosed as a
`routine use' to a Federal, State or local agency maintaining civil,
criminal or other relevant information, such as current licenses, if
necessary to obtain information relevant to an agency decision
concerning the hiring or retention of an employee, the issuance of a
security clearance, the letting of a contract, or the issuance of a
license, grant or other benefits.
4. A record from this system of records may be disclosed to a
Federal agency, in response to its request, in connection with the
hiring or retention of an employee, the issuance of a security
clearance, the reporting of an investigation of an employee, the
letting of a contract, or the issuance of a license, grant, or other
benefit by the requesting agency, to the extent that the information
is relevant and necessary to the requesting agency's decision on the
matter.
5. Disclosure may be made to a congressional office from the
record of an individual in response to an inquiry from the
congressional office made at the request of that individual.
6. Disclosure may be made to NARA (National Archives and Records
Administration) GSA (General Services Administration) in records
management inspections conducted under authority of 44 U.S.C. 2904
and 2906.
7. Records from this system of records may be disclosed to a
Federal Agency or to a State or local government licensing board and/
or to the Federation of State Medical Boards or a similar
nongovernment entity which maintains records concerning individuals'
employment histories or concerning the issuance, retention or
revocation of licenses, certifications, or registration necessary to
practice an occupation, profession or specialty , in order for the
Agency to obtain information relevant to an Agency decision
concerning the hiring, retention or termination of an employee or to
inform a Federal Agency or licensing boards or the appropriate
nongovernment entities about the health care practices of a
terminated, resigned or retired health care employee whose
professional health care activity so significantly failed to conform
to generally accepted standards of professional medical practice as
to raise reasonable concern for the health and safety of patients in
the private sector or from another Federal Agency. These records may
also be disclosed as part of an ongoing computer matching program to
accomplish these purposes.
8. Identifying information in this system, including name,
address, social security number and other information as is
reasonably necessary to identify such individual, may be disclosed to
the National Practitioner Data Bank at the time of hiring and/or
clinical privileging/reprivileging of health care practitioners, and
other times as deemed necessary by VA, in order for VA to obtain
information relevant to a Department decision concerning the hiring,
privileging/reprivileging, retention or termination of the applicant
or employee.
9. Relevant information from this system of records may be
disclosed to the National Practitioner Data Bank and/or State
Licensing Board in the State(s) in which a practitioner is licensed,
in which the VA facility is located, and/or in which an act or
omission occurred upon which a medical malpractice claim was based
when VA reports information concerning: (1) Any payment for the
benefit of a physician, dentist, or other licensed health care
practitioner which was made as the result of a settlement or judgment
of a claim of medical malpractice if an appropriate determination is
made in accordance with agency policy that payment was related to
substandard care, professional incompetence or professional
misconduct on the part of the individual; (2) a final decision which
relates to possible incompetence or improper professional conduct
that adversely affects the clinical privileges of a physician or
dentist for a period longer than 30 days; or, (3) the acceptance of
the surrender of clinical privileges or any restriction of such
privileges by a physician or dentist either while under investigation
by the health care entity relating to possible incompetence or
improper professional conduct, or in return for not conducting such
an investigation or proceeding. These records may also be disclosed
as part of a computer matching program to accomplish these purposes.
Policies and practices for storing, retrieving, accessing,
retaining, and disposing of records in the system:
Storage: Paper documents in file system.
Retrievability: Alphabetically by name.
Safeguards: Physical Security: Access to files is restricted to
authorized Personnel Office and operating officials. Records are
maintained in locked files.
Retention and disposal: Records are maintained for a period of one
year from the expiration of appointment. They are then destroyed.
System manager(s) and address: Officials maintaining the system-
Personnel Officers (135) where this system is utilized. (See VA
Appendix 1 for local addresses.) Official responsible for policies
and procedures-Asistant Administrator for Personnel (05), VA Central
Office, Washington, DC 20420.
Notification procedure: VA station Personnel Officer. Individual
should provide full name, social security number, position and period
of service involved.
Record access procedures: Individuals or representatives designated
in writing may contact their servicing personnel office for gaining
access to their personnel record and contesting the contents
Contesting record procedures: (See Record Access Procedures above.)
Record source categories: Application for employment, authorization
forms or letters and related documents.
16VA026
System name: Litigant, Tort Claimant, EEO Complaint and Third
Party Recovery Files-VA.
System location:
Litigant, tort claimant and third party recovery files are
maintained at the Office of General Counsel (026), VA Central Office,
Washington, D.C. 20420, and Offices of the District Counsels.
Addresses for District Counsel offices may be obtained by contacting
the above-mentioned Office of General Counsel address. Equal
Employment Opportunity (EEO) complaint files are maintained in the
Office of General Counsel only.
Categories of individuals covered by the system:
The following categories of individuals are covered by this
system: (1) Litigants; (2) claimants under the Federal Tort Claims
Act, EEO complainants; and (3) veterans involved in third party
recovery cases brought by or against the Government and affecting the
VA.
Categories of records in the system:
Records (or information contained in records) may include: (1)
Pleadings; (2) opinions; (3) briefs; (4) decisions; and (5)
evidentiary and nonevidentiary matter relating to a case or
controversy in an administrative or litigation proceeding (e.g.,
witness statements, agency reports, EEO Counselor's reports,
recommending findings by the EEO Commission, and other supporting
material).
Authority for maintenance of the system:
Title 38, United States Code, 210(c), 29 CFR 1613.222 (EEO cases
commenced under 42 U.S.C. 2000e-16).
Routine uses of records maintained in the system, including
categories of users and the purposes of such uses:
1. The record of an individual who is covered by this system may
be disclosed to a member of Congress or staff person acting for the
member or staff person requesting the record on behalf of and at the
request of that individual.
2. Any information in this system, except for the name and
address of a veteran, which is relevant to a suspected violation or
reasonably imminent violation of law, whether civil, criminal or
regulatory in nature and whether arising by general or program
statute or by regulation, rule or order issued pursuant thereto, may
be disclosed to a Federal, State, local or foreign agency charged
with the responsibility of investigating or prosecuting such
violation or charged with enforcing or implementing the statute,
rule, regulation or order issued pursuant thereto.
3. The name and address of a veteran, which is relevant to a
suspected violation or reasonably imminent violation of law, whether
civil, criminal or regulatory in nature and whether arising by
general or program statute or by regulation, rule or order issued
pursuant thereto, may be disclosed to a Federal agency charged with
the responsibility of investigating or prosecuting such violation, or
charged with enforcing or implementing the statute, regulation, rule
or order issued pursuant thereto, in response to its official
request.
4. The name and address of a veteran, which is relevant to a
suspected violation or reasonably imminent violation of law
concerning public health or safety, whether civil, criminal or
regulatory in nature and whether arising by general or program
statute or by regulation, rule or order issued pursuant thereto, may
be disclosed to any foreign, State or local governmental agency or
instrumentality charged under applicable law with the protection of
the public health or safety if a qualified representative of such
organization, agency of instrumentality has made a written request
that such name and address be provided for a purpose authorized by
law.
5. Pleadings, opinions, briefs, decisions and evidentiary and
nonevidentiary matters may be disclosed to a Federal agency upon its
official request to enable that agency to properly prepare a
particular case or controversy regarding an administrative claim
filed under the Federal Tort Claims Act or a debt collection
proceeding under the Federal Medical Care Recovery Act.
6. Pleadings, opinions, briefs, decisions and evidentiary and
nonevidentiary matter may be disclosed to a Federal agency to enable
the VA to obtain records necessary for the VA to properly prepare a
particular case or controversy under the Federal Tort Claims Act or a
proceeding under the Federal Medical Care Recovery Act.
7. Pleadings, opinions, briefs, decisions and evidentiary and
nonevidentiary matter may be disclosed to a Federal or a State court
to enable the VA to file pleadings, comply with rules and procedures
of the court, or to respond to a request from the court in any case
or controversy.
8. Pleadings, opinions, briefs, decisions and matters of
evidentiary and nonevidentiary matter may be disclosed to a Federal,
State, local, or foreign agency, insurance carriers, other
individuals from whom the VA is seeking reimbursement and other
parties litigant or having an interest in administrative,
prelitigation, litigation and post-litigation phases of a case or
controversy, provided, that the name and address of a veteran can
only be disclosed under this routine use if the release is for a VA
debt collection proceeding, or if the name and address has been
provided to the VA by the party seeking the information.
9. EEO complaint records, including the identities of the
complainant and the witnesses, the complaints, investigation reports,
General Counsel decisions, recommended findings by the EEOC, agency
(VA) comments and other supporting material, may be disclosed to
representatives of the complainant, and to Department of Justice and
to other Federal agencies in order to inform them of the matters in
the complaint and to apprise the parties if the identities of the
complainant and witnesses.
10. Any information in this system may be disclosed to the
Department of Justice (DOJ) including U.S. Attorneys upon its
official request in order for the VA to respond to pleadings,
interrogatories, orders or inquiries from the Department of Justice,
and to supply the DOJ with information, to enable the DOJ to
represent the U.S. Government in any phase of litigation or in any
case or controversy involving the VA.
11. Any information in this system may be disclosed to a Federal
grand jury. A Federal court or a party in litigation, or a Federal
agency or party to an administrative proceeding being conducted by a
Federal agency, in order for the VA to respond to and comply with the
issuance of a Federal subpoena.
12. Any information in this system may be disclosed to a State or
municipal grand jury, a State or municipal court or a party in
litigation, or to a state or municipal administrative agency
functioning in a quasi-judicial capacity or a party to a proceeding
being conducted by such agency, in order for the VA to respond to and
comply with the issuance of a State or municipal subpoena; provided,
that any disclosure of claimant information made under this routine
use must comply with the provisions of 38 CFR 1.511.
13. Any information in this system may be disclosed in connection
with any proceeding for the collection of an amount owned to the
United States by virtue of a person's participation in any benefit
program administered by the Veterans Administration when in the
judgment of the Administrator, or an official generally delegated
such authority under standard agency delegation of authority rules
(38 CFR 2.6), such disclosure is deemed necessary and proper, in
accordance with 38 U.S.C. 3301(b)(6).
14. The name and address of a veteran, and other information as
is reasonably necessary to identify such veteran, may be disclosed to
a consumer reporting agency for the purpose of locating the veteran,
or, obtaining a consumer report to determine the ability of the
veteran to repay an indebtedness to the United States arising by
virtue of the veteran's participation in a benefits program
administered by the VA, provided that the requirements of 38 U.S.C.
3301 (g)(2) have been met.
15. The name and address of a veteran, other information as is
reasonably necessary to identify such veteran, and any information
concerning the veteran's indebtedness to the United States by virtue
of the person's participation in a benefits program administered by
the VA may be disclosed to a consumer reporting agency for purposes
of assisting in the collection of such indebtedness, provided that
the provision of 38 U.S.C. 3301(g)(4) have been met.
Policies and practices for storing, retrieving, accessing,
retaining, and disposing of records in the system:
Retrievability:
Records are maintained in alphabetical order by last name of an
individual covered by the system.
Safeguards:
Records are maintained in a manned room during working hours.
During nonworking hours, the file area is locked, and the building is
protected by the Federal Protective Service. Access to the records is
only authorized to VA personnel on a ``need to know'' basis.
Retention and disposal:
Upon completion of a case, except for precedent-setting cases
(which are maintained permanently), records are treated as follows:
In Central Office, litigation, tort claimant and third-party
recovery files are maintained in the Office of General Counsel for
two years, retired to the Washington National Federal Records Center
for five years and then destroyed. EEO complainant records are
maintained in the Office of General Counsel until the close of the
complaint, sent to the VACO Records Management Section for four
years, then destroyed.
In District Counsel Offices, civil litigation and third-party
recovery files are maintained in the affected District Counsel Office
for two years, then destroyed. Tort claimant files are maintained in
the affected District Counsel Office for one year, retired to the
appropriate Federal Records Center for five years, then destroyed.
Criminal litigation prosecution files are maintained in the affected
District Counsel Office for three years, then destroyed.
System manager(s) and address:
Assistant General Counsel (026), Professional Staff Group VI,
Office of General Counsel, VA Central Office, Washington, DC 20420.
Notification procedure:
An individual who wishes to determine whether a record is being
maintained by the Assistant General Counsel (026), under his or her
name or other personal identifier or wants to determine the contents
of such records should submit a written request or apply in person to
the Assistant General Counsel (026).
Record access procedures:
An individual who seeks access to or wishes to contest records
maintained under his or her name or other personal identifier may
write, call or visit the Assistant General Counsel (026).
Contesting record procedures:
(See Record Access Procedures above.)
Record source categories:
Courts, claimants, litigants, complainants and their
representatives or attorneys, other Federal agencies, insurance
carriers, witnesses and other interested participants to the
proceedings and VA records.
17VA26
System name: Loan Guaranty Fee Personnel and Program Participant
Records--VA.
System location:
Records on nonsuspended fee personnel and program participants
are maintained at VA regional offices, medical and regional office
centers, VA offices and VA centers having loan guaranty activities.
Records of nonsupervised lenders and subsidiaries of supervised
lenders having authority to process VA loans automatically are
maintained in VA Central Office. National Control List of suspended
program participants and fee personnel are maintained at VA regional
offices, medical and regional office centers, VA offices and VA
centers having loan guaranty activities. A Master Control list is
maintained only at VA Central Office. Address locations are listed in
Appendix 1 at the end of this document.
Categories of individuals covered by the system:
The following categories of individuals will be covered by this
system: (1) Fee personnel who may be paid by the VA or by someone
other than the VA (i.e., appraisers, compliance inspectors,
management brokers, loan closing and fee attorneys who are not VA
employees but are paid for actual case work performed), and (2)
program participants (i.e., property management brokers and agents,
real estate sales brokers and agents, participating lenders and their
employees, title companies whose fees are paid by someone other than
the VA, and manufactured home dealers, manufacturers, and
manufactured home park or subdivision owners).
Categories of records in the system:
Records (or information contained in records) may include: (1)
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; (2) applications by non-supervised lenders for
approval to close guaranteed loans without the prior approval of VA
(automatically); (3) applications by lenders supervised by Federal or
State agencies for designation as supervised automatic lenders in
order that they may close loans without the prior approval
(automatically) of the VA; applications for automatic approval or
designation (i.e., (2) and (3)) contain information concerning the
corporate structure of the lender, professional qualifications of the
lender's officers or employees, financial data such as profit and
loss statements and balance sheets to insure the firm's financial
integrity; (4) identifying information such as names, business names
(if applicable), addresses, phone numbers and professional resumes of
corporate officials or employees; (5) corporate structure information
on prior approval lenders, participating real estate sales brokers or
agents, developers, builders, investors, closing attorneys or other
program participants as necessary to carry out the functions of the
Loan Guaranty Program; (6) records of performance concerning
appraisers, compliance inspectors, management brokers, or fee
attorneys on both firms and individual employees; (7) records of
performance including disciplinary proceedings, concerning program
participants; e.g., lenders, investors, real estate brokers,
builders, fee appraisers, compliance inspectors and developers both
as to the firm and to individual employees maintained on an as-needed
basis to carry out the functions of the Loan Guaranty program; (8)
National Control Lists which identify suspended real estate brokers
and agents, lenders and their employees, investors, manufactured home
dealers and manufacturers, and builders or developers; and (9) a
master record of the National Control List (i.e., Master Control
List) which includes information regarding parties previously
suspended but currently reinstated to participation in the Loan
Guaranty program in addition to all parties currently suspended.
Authority for maintenance of the system:
Title 38, United States Code, chapter 3, section 210(c)(1); title
38, United States, Code, chapters 21 and 37.
Routine uses of records maintained in the system, including
categories of users and the purposes of such uses:
1. The record of an individual who is covered by this system may
be disclosed to a member of Congress or staff person acting for the
member when the member or staff person requests the record on behalf
of and at the request of that individual.
2. Any information in this system may be disclosed to a Federal,
State or local agency, upon its official request, to the extent the
agency has demonstrated that it is relevant and necessary to that
agency's decision on: The hiring, transfer or retention of an
employee; the issuance of a security clearance; the letting of a
contract; or the issuance or continuance of a license, grant or other
benefit by that agency.
3. Any information in this system may be disclosed to a Federal,
State or local agency maintaining civil or criminal violation
records, or other pertinent information such as prior employment
history, prior Federal employment background investigations, and
personal or educational background in order for the VA to obtain
information from that agency relevant to the hiring, transfer or
retention of an employee, the letting of a contract, the granting of
a security clearance, or the issuance of a grant or other benefit.
4. Any information in this system which is relevant to a
suspected violation or reasonably imminent violation of law, whether
civil, criminal or regulatory in nature and whether arising by
general or program statute or by regulation, rule or order issued
pursuant thereto, may be disclosed to a Federal, State, local or
foreign agency charged with the responsibility of investigating or
prosecuting such violation, or charged with enforcing or implementing
the statute, rule, regulation or order issued pursuant thereto.
5. Identifying information and the reasons for the suspension of
builders, developers, lenders, lender employees, real estate sales
brokers and agents, manufactured home dealers, manufacturers, or
other program participants suspended from participation in the Loan
Guaranty Program may be disclosed to the Department of Housing and
Urban Development (HUD), and the Federal Housing Administration
(FHA), United States Department of Agriculture (USDA), Farmers Home
Administration (FHA) or other Federal, State or local agencies to
enable that agency to consider imposing similar restrictions on these
suspended persons and/or firms.
6. Identifying information and the performance records of
qualified fee appraisers and compliance inspectors, including any
information regarding their termination, non-redesignation, temporary
suspension or resignation from participation in the Loan Guaranty
Program, including the records of any disciplinary proceedings, may
be disclosed to Federal, State or local, or non-government agencies,
businesses, and professional organizations, to permit these entities
to employ, continues to employ or contract for the services of
qualified fee personnel, monitor the performance of such personnel,
and take any appropriate disciplinary action.
7. Identifying information as well as other information such as
educational background and former business associations may be
disclosed to business and professional organizations in order for the
VA to obtain these organizations' recommendations concerning the
performance, character, professional activities and other
qualifications relating to participation in the VA Loan Guaranty
Program.
8. Identifying information and information concerning amounts
paid to contractors, fee personnel and other contractors, fee
personnel and other program participants may be released to the
Department of the Treasury, Internal Revenue Service, where required
by law.
9. Any information in this system may be disclosed to a Federal
Grand jury, a Federal court or a party in litigation, or a Federal
agency or party to an administrative proceeding being conducted by a
Federal agency, in order for the VA to respond to and comply with the
issuance of a Federal subpoena.
10. Any information in this system may be disclosed to a State or
municipal Grand jury, a State or municipal court or a party in
litigation, or to a State or municipal administrative agency
functioning in a quasi-judicial capacity or a party to a proceeding
being conducted by such agency, in order for the VA to respond to and
comply with the issuance of a State or municipal subpoena; provided,
that any disclosure of claimant information made under this routine
use must comply with the provisions of 38 CFR 1.511.
11. Identifying information and the reasons for suspension of
individuals and/or firms suspended from the VA Loan Guaranty Program
may be disclosed to other participants in the Loan Guaranty Program
in order that they may decide whether or not to employ, or continue
to employ or contract with a suspended individual or firm.
12. Identifying information and information concerning the
performance of contractors, fee personnel and other program
participants may be released to consumer reporting agencies in order
that the VA may obtain information on their prior dealings with other
Government agencies and so that other Government agencies may have
the benefit of VA's experience with such parties.
Policies and practices for storing, retrieving, accessing,
retaining, and disposing of records in the system:
Storage:
Records on fee personnel and program participants are kept on
paper documents and maintained in file folders. The National Control
List of suspended program participants is also maintained on magnetic
disk at Central Office.
Retrievability:
All records are indexed or cross-indexed by the name of the
individual or the firm.
Safeguards:
Access to VA working spaces and record file storage areas is
restricted to VA employees on a ``need to know'' basis. Generally, VA
file areas are locked after normal duty hours and are protected from
outside acess by the Federal Protective Service or other VA security
personnel. Sensitive files involving pending suspension or a legal
action are stored in separate locked files.
Retention and disposal:
File cards and paper documents on suspended fee personnel and
program participants are maintained until there has been a
notification that the suspension has been terminated and the party
reinstated into the VA Loan Guaranty Program, at which time these
records are destroyed by VA regional offices or centers. The Master
Control List records are retained indefinitely. Records on fee
personnel and program participants are retained for various periods
extending up to two years after all loans have been liquidated.
Destruction of all the above records is accomplished by either
shredding or burning.
System manager(s) and address:
Director, Loan Guaranty Service (26), VA Central Office,
Washington, DC 20420.
Notification procedure:
An individual who wishes to determine whether a record is being
maintained in this system under his or her name or other personal
identifier or wants to determine the contents of such record should
submit a written request or apply in person to the nearest Veterans
Administration regional office or center. Address locations are
listed in VA Appendix 1 at the end of this document. All inquiries
must reasonably identify the relationship of the individual with the
VA loan program. Inquiries should include the individual's name,
address, firm represented, if any, and capacity in which the
individual participates or participated in the VA loan program.
However, some of the records in this system are exempt from the
notification requirement under 5 U.S.C. 552a(k). To the extent that
records in this system of records are not subject to exemption, they
are subject to notification. A determination as to whether an
exemption applies shall be made at the time a request for
notification is received.
Record access procedures:
An individual seeks access to or wishes to contest records
maintained under his or her name on this system may write, call or
visit the nearest Veterans Administration regional office or center.
Address locations are listed in VA Appendix 1 at the end of this
document. However, some of the records in this system are exempt from
the record access and contesting requirements under 5 U.S.C. 552a(k).
To the extent that records in this system of records are not subject
to exemption, they are subject to access and contest. A determination
as to whether an exemption applies shall be made at the time a
request for access or contest is received.
Contesting record procedures:
(See Records access procedures above.)
Record source categories:
The information and the records in this system are obtained from
the applicant, lenders, brokers and builder/sellers, credit and
financial reporting agencies, an applicant's credit sources,
depository institutions and employers, independent auditors and
accountants, hazard insurance companies, taxing authorities, title
companies, fee personnel, business and professional organizations,
other VA records, other Federal, State and local agencies, and other
parties of interest involving VA-guaranteed, insured, vendee or
direct loans or specially adapted housing.
Systems exempted from certain provisions of the act:
The Administrator of Veterans Affairs has exempted this system of
records from the following provisions of the Privacy Act of 1974, as
permitted by 5 U.S.C. 552a(k)(2) and (5).
5 U.S.C. 552a(c)(3)
5 U.S.C. 552a(d)
5 U.S.C. 552a(e)(1)
5 U.S.C. 552a(e)(4)(G), (H) and (I)
5 U.S.C. 552a(f)
Reasons for exemptions: The exemption of information and material
in this system of records is necessary in order to accomplish the law
enforcement functions of the Loan Guaranty Service to prevent
subjects of internal audit investigations for potential fraud and
abuse in the VA Loan Guaranty Program from frustrating the
investigatory process, to fulfill commitments made to protect the
confidentiality of sources, to maintain access to sources of
information and to avoid endangering these sources. This information
is also being exempted to maintain the confidentiality and integrity
of material compiled solely for the purpose of determining the
suitability, eligibility or the qualifications of prospective VA
program participants.
18VA05
System name: Centralized Staffing System-VA
System location: Active records are located at the Veterans
Administration (VA) Central Office, 810 Vermont Avenue, NW,
Washington, DC 20420. Inactive records will be stored at the same
address. Information from these records is also maintained in
automated files at the VA Central Office. Duplicate copies of certain
manual and automated files are maintained only by the VA Central
Office. No other VA facility has access to the Centralized Staffing
System automated data.
Categories of individuals covered by the system: Employees in
specified occupations and at specified grade levels leading to
centralized managerial or executive positions.
Categories of records in the system: All categories of records may
include names of individuals, social security numbers, dates of
birth, inquiries or correspondence sent to the VA by individuals,
information pertinent to decisions or responses given by the
Administrator, Department Heads, Associate Deputy Administrators, and
Staff Office Directors, and copies of the decisions or responses of
the Administrator, Department Heads, Associate Deputy Administrators,
and Staff Office Directors. The records will also include:
a. Records reflecting work experience, educational level, and
specialized training obtained outside of the Federal service.
b. Records reflecting Federal service and documenting work
experience and specialized education or training received while
employed. Such records contain information about: Past and present
positions held including grades, salaries, and duty station
locaitons.
c. Records pertaining to annual performance evaluation and
supervisory assessment of performance in response to specific
knowledge, skills, abilities and other characteristics.
d. Records relating to incentive awards received while employed
within or outside of the agency.
e. Records reflecting ratings assigned by a promotion panel to
individuals participating in the system.
f. Records reflecting geographic mobility and mobility
statements.
g. Records reflecting qualification determinations made on
individuals participating in the system.
Authority for maintenance of the system: Title 5, United States
Code, Sections 301 and 302.
Routine uses of records maintained in the system, including
categories of users and the purposes of such uses:
1. In the event that a system of records maintained by this
agency to carry out its function indicates a violation or potential
violation of law, whether civil, criminal or regulatory in nature and
whether arising by general statute or particular program statute, or
by regulation, rule or order issued pursuant thereto, the relevant
records in the system of records may be referred, as a routine use to
the appropriate agency, whether Federal, State, local or foreign,
charged with the responsibility of investigation or prosecuting such
violation or charged with enforcing or implementing the statute, or
rule, regulation or order issued pursuant thereto.
2. To provide statistical and other information in response to
other legitimate and reasonable requests as approved by appropriate
VA authorities, such as the release of information under the Freedom
of Information Act.
3. Disclosure may be made to a congressional office from the
record of an individual in response to an inquiry from the
congressional office made at the request of that individual.
4. Disclosure may be made to NARA (National Archives and Records
Administration) GSA (General Services Administration) in records
management inspections conducted under authority of 44 U.S.C. 2904
and 2906.
Policies and practices for storing, retrieving, accessing,
retaining, and disposing of records in the system:
Storage: Paper documents, magnetic tape and disks.
Retrievability: Folder files are filed by name, automated records
are indexed by social security number within station.
Safeguards:
1.Physical Security. The VA Central Office is protected from
outside access by the Federal Protective Service. All file areas are
restricted to authorized personnel on a need-to-know basis. Hard copy
records pertaining to employees, or other sensitive records are
stored in locked cabinets. Access to the VA Central Office computer
rooms is restricted to authorized operating personnel through
electronic locking devices. All other persons gaining access to the
computer room are escorted by an individual with authorized access.
2. System Security: Access to computer programs is controlled at
three levels: Programming, auditing, and operations. The CSS provides
automated recognition of authorized users and their respective access
restrictions through passwords. Passwords are changed periodically
and are restricted to authorized individuals on a need-to-know basis
for system access or security purposes. In addition to passwords,
there are other levels of security assigned to system personnel only.
These levels are strictly monitored by the Systms Manager. The VA
Central Office Systems Security Officer is assigned responsiblity for
privacy-security measures, including review of violation logs and
local control and distribution of passwords.
Retention and disposal: Folder files are destroyed immediately upon
separation from VA. Folders are retained two years if employee
withdraws from system and subsequently destroyed. Automated records
are stored on disks for a period of ten years. Automated records in
excess of ten years are then stored on remote disks separate from
active disks. Other records are retained and disposed of in
accordance with disposition authorization approved by the Achivist of
the United States.
System manager(s) and address: Director, Office of Personnel,
(054), VA Central Office, Washington, DC 20420.
Notification procedure:
Any individual who wishes to determine whether a record is being
maintained in this system under his or her name, or who has a routine
inquiry concerning the status of his or her application under this
system may contact the Director, Recruitment and Placement Service,
Office of Personnel and Labor Relations, VA Central Office,
Washington, DC 20420. Requests concerning the specific content of a
record must be in writing or in person. Employee should provide full
name, social security number, employing station and position title.
Record access procedures: Employee or representative designated in
writing may contact their servicing personnel office in person or in
writing for information on procedures for gaining access to his/her
record.
Contesting record procedures: (See Record Access Procedures above.)
Record source categories: Employee, Supervisory officials
(appraisals), Personnel and Accounting Pay System.
19VA53
System name: Missing Veterans File--VA (19VA53).
System location:
Inspector General, Office of Policy, Planning and Resources (53)
Washington, DC 20420.
Categories of individuals covered by the system:
The following categories of individuals will be covered by the
system: Veterans (not including dependents) who cannot be located
after a reasonable effort by the VA, but whose status must be
determined in order for dependents to receive benefits.
Categories of records in the system:
Records (or information contained in records) in this system may
include: (1) The standard missing veteran letter, issued monthly by
the Inspector General's office to all VA facilities, which contains
the name of a veteran who cannot be located by a Regional Office; (2)
correspondence between the Regional Office and the Inspector General
regarding Federal Bureau of Investigation (FBI) and U.S. Passport
Office information concerning the status (alive or dead) and location
of the veteran; (3) similar correspondence between the Inspector
General and the FBI and U.S. Passport Office. Information in these
records may include the veteran's name, birth date, claims folder
number, social security number and last known address. Identifying
information and a history of the case are maintained on a file card.
Authority for maintenance of the system:
Title 38, U.S.C. 210(c)(1).
Routine uses of records maintained in the system, including
categories of users and the purposes of such uses:
1. The record of an individual who is covered by this system may
be disclosed to a member of Congress or staff person acting for the
member when the member or staff person requests the record on behalf
of and at the request of that individual.
2. Any information in this system may be disclosed to a Federal
agency, upon its official request, to the extent that it is relevant
and necessary to that agency's decision regarding: The hiring,
retention or transfer of an employee; the issuance of a security
clearance, the letting of a contract, or issuance or continuance of a
license, grant or other benefit given by that agency. However, in
accordance with an agreement with the U.S. Postal Service,
disclosures to the U.S. Postal Service for decisions concerning the
employment of veterans will only be made with the veteran's prior
written consent.
3. Any information in this system may be disclosed to a State or
local agency, upon its official request, to the extent that it is
relevant and necessary to that agency's decision on: The hiring,
transfer or retention of an employee, the issuance of a security
clearance, the letting of a contract, or the issuance or continuance
of a license, grant or other benefit by that agency; provided, that
if the information pertains to a veteran, the name and address of the
veteran will not be disclosed unless the name and address is provided
first by the requesting State or local agency.
4. Any information in this system, except the name and address of
a veteran which is relevant to a suspected violation or reasonably
imminent violation of law whether civil, criminal or regulatory in
nature and whether arising by general or program statute or by
regulation, rule or order issued pursuant thereto, may be disclosed
to a Federal, State, local or foreign agency charged with the
responsibility of investigating or prosecuting such violation, or
charged with enforcing or implementing the statute, rule, regulation
or order issued pursuant thereto.
5. The name and address of a veteran, which is relevant to a
suspected violation or reasonably imminent violation of law, whether
civil, criminal or regulatory in nature and whether arising by
general or program statute or by regulation, rule or order issued
pursuant thereto, may be disclosed to a Federal agency charged with
the responsibility of investigating or prosecuting such violation, or
charged with enforcing or implementing the statute, regulation, rule
or order issued pursuant thereto, in response to its official
request.
6. The name and address of a veteran, which is relevant to a
suspected violation or reasonably imminent violation of law
concerning public health or safety, whether civil, criminal or
regulatory in nature and whether arising by general or program
statute or by regulation, rule or order issued pursuant thereto, may
be disclosed to any foreign, State or local governmental agency or
instrumentality charged under applicable law with the protection of
the public health or safety if a qualified representative of such
organization, agency or instrumentality has made a written request
that such name and address be provided for a purpose authorized by
law.
7. Identifying information of a missing veteran may be disclosed
to the FBI and U.S. Passport Office, upon their official request, as
necessary to obtain status (alive or dead) and location to assist in
the VA's decision concerning benefits for dependents.
Policies and practices for storing, retrieving, accessing,
retaining, and disposing of records in the system:
Storage:
Records (or information from those records) are maintained in
individual file folders and on file cards.
Retrievability:
Records are indexed by the veteran's last name.
Safeguards:
Access to the records and file cards is restricted to authorized
personnel on a need-to-know basis. The file room and cabinets are
locked after duty hours and the building is protected from
unauthorized access by a protective Service.
Retention and disposal:
File folders are maintained by the Office of the Inspector
General for six months after the veteran is located or declared dead.
Folders for those veterans declared missing for seven or more years
are maintained for one year following such a declaration. The folders
are then forwarded to the VACO Records Management Section where they
are maintained for five years and then destroyed by shredding. File
cards are maintained by the Inspector General for 15 years.
System manager(s) and address:
Assistant Inspector General for Policy, Planning and Resources
(53) VA Central Office, Washington, DC 20420.
Notification procedure:
An individual who wishes to determine whether a record is being
maintained by the Assistant Inspector General for Policy, Planning
and Resources (53) under his or her name in the system or wishes to
determine the contents of such records should submit written request
or apply in person to the Assistant Inspector General for Policy,
Planning and Resources (53).
Record access procedures:
An individual who seeks access to or wishes to contest records
maintained under his or her name in his system may write, call or
visit the Assistant Inspector General for Policy, Planning and
Resources (53).
Contesting record procedures:
(See Records access procedures above.)
Record source categories:
Information is obtained from the Federal Bureau of Investigation,
U.S. Passport Office, and VA records.
20VA138
System name: Motor Vehicle Operator Accident Records-VA.
System location: Records are maintained at each VA Health Care
Facility, where the authorization to operate a Government-owned
vehicle was issued, or at the facility where an accident occurred.
Address locations are listed in VA Appendix 1 at the end of this
document.
Categories of individuals covered by the system: VA employees
authorized to operate a Government-owned vehicle. Individuals
involved in a motor vehicle accident at a VA facility.
Categories of records in the system: Driving tests, road tests,
accident reports, physical fitness reports. Reports and records
documenting the facts, circumstances and evidence surrounding a motor
vehicle accident.
Authority for maintenance of the system: Title 38, United States
Code, Chapter 3, Section 210(c)(1); Title 38, United States Code,
Chapter 57, Section 3311.
Routine uses of records maintained in the system, including
categories of users and the purposes of such uses:
1. To issue or remove a permit to operate a Governmental vehicle
by the General Service Administration to insure against the operation
of a GSA vehicle by a driver who is not qualified or who is a poor
risk.
2. Transfer of required information to attorneys representing
parties involved in litigation of motor vehicle accidents to assist
attorneys in representing their clients.
3. In the event that a system of records maintained by this
agency to carry out its functions indicates a violation or potential
violation of law, whether civil, criminal or regulatory in nature,
and whether arising by general statute or particular program statute,
or by regulation, rule or order issued pursuant thereto, the relevant
records in the system of records may be referred, as a routine use,
to the appropriate agency, whether Federal, State, local or foreign,
charged with the responsibility of investigating or prosecuting such
violation or charged with enforcing or implementing the statute, or
rule, regulation or order issued pursuant thereto.
4. A record from this system of records may be disclosed to a
Federal agency, in response to its request, in connection with the
hiring or retention of an employee, the issuance of a security
clearance, the reporting of an investigation of an employee, the
letting of a contract, or the issuance of a license, grant, or other
benefit by the requesting agency, to the extent that he information
is relevant and necessary to the requesting agency's decision on the
matter.
5. A record from this system of records may be disclosed as a
`routine use' to a Federal, State or local agency maintaining civil,
criminal or other relevant information, such as current licenses, if
necessary to obtain information relevant to an agency decision
concerning the hiring or retention of an employee, the issuance of a
security clearance, the letting of a contract, or the issuance of a
license, grant or other health, educational or welfare benefits.
6. Disclosure may be made to a congressional office from the
record of an individual in response to an inquiry from the
congressional office made at the request of that individual.
7. Disclosure may be made to NARA (National Archives and Records
Administration) GSA (General Services Administration) in records
management inspections conducted under authority of 44 U.S.C. 2904
and 2906.
Policies and practices for storing, retrieving, accessing,
retaining, and disposing of records in the system:
Storage: (a) Paper documents. (b) Photographs.
Retrievability: (a) The operator permits are filed alphabetically
by name of operator.
Safeguards: Physical Security: Access to VA working space and
medical record storage areas is restricted to VA employees on a `need
to know' basis. Generally, VA file areas are locked after normal duty
hours and are protected from outside access by the Federal Protective
Service. Employee file records and file records of public figures or
otherwise sensitive medical record files are stored in separate
locked files. Strict control measures are enforced to ensure that
disclosure is limited to a `need to know' basis.
Retention and disposal: (a) The operators permit file is disposed
of three (3) years after separation or three (3) years after
cancellation of authorization to operate, whichever is earlier. (b)
The accident files are disposed of two (2) years after last activity.
(c) Destruction of records is accomplished by burning or shredding.
System manager(s) and address: Director, Engineering Service (138),
VA Central Office, Washington, DC 20420.
Notification procedure: Individuals seeking information concerning
the existence or content of a record pertaining to themselves must
submit a written request or apply in person to the VA facility where
the permit was issued or the accident occurred. All inquiries must
reasonably identify the portion of the record system desired, i.e.,
Driver permit, or accident report. Inquiries should include the
individual's full name, dates of employment or approximate date of
accident, vehicle license number, description of the vehicles
involved in the accident.
Record access procedures: Individuals or duly authorized
representatives seeking information regarding access to and
contesting of these records may write, call or visit the VA facility
where the permit was issued or accident occurred.
Contesting record procedures: (See Record Access Procedures above.)
Record source categories: 1. Employee, 2. Private citizens involved
in accidents, 3. Federal, State and local law enforcement agencies,
and 4. Private insurance companies.
23VA136
System name: Patient Fee Basis Medical and Pharmacy Records--VA.
System location:
Paper records are maintained at VA health care facilities and
Federal record centers. Information is stored also in automated
storage media records that are maintained at: The health care
facilities (in most cases, back-up computer tape information is
stored also at off-site locations); VA Central Office, Washington,
DC; the VA Boston Development Center, Braintree, MA; the VA
Information Systems Centers; the Regional Directors and Division
Offices; and the VA Data Processing Center located in Austin, Texas.
Address locations for VA facilities are listed in VA Appendix 1 at
the end of this document.
Categories of individuals covered by the system:
1. Veterans who have applied for health care services under title
38, United States Code, Chapter 17.
2. Beneficiaries of other Federal agencies.
3. Pensioned members of allied forces who are provided health
care services under Title 38, United States Code, Chaper 1.
4. Non-VA health care providers who provide fee basis services to
veterans.
Categories of records in the system
The records include information concerning patients who are
authorized to obtain medical care and services from non-VA health
care institutions and providers and the institutions and/or providers
(e.g., individuals, pharmacies, clinics or group practices,
hospitals, nursing homes, physicians, psychologists, podiatrists,
optometrists, nurses, and others) who furnish the authorized medical
treatment, services, medications, or supplies. The patient
information may include name, address social security and VA claim
numbers, medical conditions authorized for treatment, eligibility
information related to such treatment, the date authorization for the
services was issued and the period of validity, the amounts paid for
travel benefits, the amounts reimbursed for services paid for by the
patient, and information that pertains to the medical care.
Information that is maintained concerning the health care
institutions and providers may include name, address, social security
or employer's taxpayer identification numbers, services rendered,
fees charged and amounts paid for services rendered, and earnings for
performing such services.
Purpose(s):
The records or information may be used for such purposes as
reporting health care provider earnings to the Internal Revenue
Service; producing various management and patient follow-up reports;
responding to patient and other inquiries; for statistical analysis;
for resource allocation and planning; to provide clinical and
administrative support to patient medical care and payments for
medical care; determining entitlement and eligibility for VA
benefits; processing and adjudicating benefit claims by VBA (Veterans
Benefits Administration) RO (Regional Office) staff; for audits,
reviews and investigations conducted by staff of the health care
facility, the Regional Directors and Division Offices, VA Central
Office, and the VA Office of Inspector General (OIG); law enforcement
investigations; and, quality assurance audits, reviews and
investigations.
Authority for maintenance of the system:
Title 38, United States Code, chapter 1, section 111 and chapter
17, sections 1703, 1710, 1712, 1720 and 1728 (formerly sections 603,
610, 612, 620 and 628, respectively).
Routine uses of records maintained in the system including
categories of users and the purposes of such uses:
To the extent that records contained in the system include
information protected by 38 U.S.C. 7332 (formerly section 4132),
i.e., medical treatment information related to drug abuse, alcoholism
or alcohol abuse, sickle cell anemia or infection with the human
immunodeficiency virus, that information cannot be disclosed under a
Routine Use unless there is also specific statutory authority
permitting disclosure.
1. To provide statistical and other information in response to
other legitimate and reasonable requests as approved by appropriate
VA authorities, such as the release of information under the Freedom
of Information Act.
2. In the event that a system of records maintained by this
agency to carry out its functions indicates a violation or potential
violation of law, whether civil, criminal, or regulatory in nature,
and whether arising by general statute or particular program statute,
or by regulation, rule, or order issued pursuant thereto, the
relevant records in the system of records may be referred, as a
routine use, to the appropriate agency, whether Federal, State,
local, or foreign, charged with the responsibility of investigating
or prosecuting such violation or charged with enforcing or
implementing the statute, or rule, regulation, or order issued
pursuant thereto.
3. A record from this system of records may be disclosed as a
'routine use' to a Federal, State, or local government agency, or to
a non-governmental organization maintaining civil, criminal or other
relevant information, such as current licenses, registration or
certification, if necessary to obtain information relevant to an
agency decision concerning the hiring or retention of an employee,
the use of an individual as a consultant, attending or to provide fee
basis health care, the issuance of a security clearance, the letting
of a contract, or the issuance of a license, grant or other health,
educational or welfare benefits. Any information in this system also
may be disclosed to any of the above-listed governmental
organizations as part of a series of ongoing computer matches to
determine if VA health care practitioners and private practitioners
used by the VA hold current, unrestricted licenses, or are currently
registered in a State, and are board certified in their specialty, if
any. These computer matches are performed pursuant to the VA
Inspector General's authority under Pub. L. 95-452, section 4(a), to
detect and prevent fraud and abuse.
4. A record from this system of records may be disclosed to a
Federal agency, in response to its request, in connection with the
hiring or retention of an employee, the issuance of a security
clearance, the reporting of an investigation of an employee, the
letting of a contract, or the issuance of a license, grant, or other
benefit by the requesting agency, to the extent that the information
is relevant and necessary to the requesting agency's decision on the
matter.
5. To the Treasury Department to facilitate payments to
physicians, clinics, and pharmacies for reimbursement of services
rendered.
6. To the Treasury Department to facilitate payments to veterans
for reimbursements of travel expenses.
7. Disclosure may be made to a congressinal office from the
record of an individual in response to an inquiry from the
congressional office made at the request of that individual.
8. Disclosure may be made to NARA (National Archives and Records
Administration), GSA (General Services Administration) in records
management inspections conducted under authority of 44 U.S.C. 2904
and 2906.
9. Records from this system of records may be disclosed to a
Federal Agency or to a State or local government licensing board and/
or to the Federation of State Medical Boards or a similar
nongovernment entity which maintains records concerning individuals'
employment histories or concerning the issuance, retention or
revocation of licenses, certifications, or registration necessary to
practice an occupation, profession or specialty , in order for the
Agency to obtain information relevant to an Agency decision
concerning the hiring, retention or termination of an employee or to
inform a Federal Agency or licensing boards or the appropriate
nongovernment entities about the health care practices of a
terminated, resigned or retired health care employee whose
professional health care activity so significantly failed to conform
to generally accepted standards of professional medical practice as
to raise reasonable concern for the health and safety of patients in
the private sector or from another Federal Agency. These records may
also be disclosed as part of an ongoing computer matching program to
accomplish these purposes.
10. Identifying information in this system, including name,
address, social security number and other information as is
reasonably necessary to identify such individual, may be disclosed to
the National Practitioner Data Bank at the time of hiring and/or
clinical privileging/reprivileging of health care practitioners, and
other times as deemed necessary by VA, in order for VA to obtain
information relevant to a Department decision concerning the hiring,
privileging/reprivileging, retention or termination of the applicant
or employee.
11. Relevant information from this system of records may be
disclosed to the National Practitioner Data Bank and/or State
Licensing Board in the State(s) in which a practitioner is licensed,
in which the VA facility is located, and/or in which an act or
omission occurred upon which a medical malpractice claim was based
when VA reports information concerning: (1) Any payment for the
benefit of a physician, dentist, or other licensed health care
practitioner which was made as the result of a settlement or judgment
of a claim of medical malpractice if an appropriate determination is
made in accordance with agency policy that payment was related to
substandard care, professional incompetence or professional
misconduct on the part of the individual; (2) a final decision which
relates to possible incompetence or improper professional conduct
that adversely affects the clinical privileges of a physician or
dentist for a period longer than 30 days; or (3) the acceptance of
the surrender of clinical privileges or any restriction of such
privileges by a physician or dentist either while under investigation
by the health care entity relating to possible incompetence or
improper professional conduct, or in return for not conducting such
an investigation or proceeding. These records may also be disclosed
as part of a computer matching program to accomplish these purposes.
12. Relevant identifying and medical treatment information
(excluding medical treatment information related to drug or alcohol
abuse, infection with the human immunodeficiency virus or sickle cell
anemia) may be disclosed to a Federal agency or non-VA health care
provider or institution when VA refers a patient for treatment or
medical services or authorizes a patient to obtain non-VA medical
services and the information is needed by the Federal agency or non-
VA institution or provider to perform the services or for VA to
obtain sufficient information in order to make payment for the
services, to evaluate the services rendered, or to determine the need
for additional services.
13. Information maintained in this system concerning non-VA
health care institutions and providers, including name, address,
social security or employer's taxpayer identification numbers, may be
disclosed to the Treasury Department, Internal Revenue Service, to
report calendar year earnings of $600 or more for income tax
reporting purposes.
14. In order to prevent or identify duplicate payments by
Medicare intermediaries, relevant information (excluding medical
treatment information related to drug or alcohol abuse, infection
with the human immunodeficiency virus or sickle cell anemia) may be
disclosed to the Department of Health and Human Services (HHS) for
the purpose of identifying individuals who are authorized by VA to
obtain non-VA health care services at VA expense and those for whom
payments have been made. The information to be disclosed to HHS
includes identifying information (patient and provider names,
addresses, social security and taxpayer identification numbers, and
date of birth of patient), treatment information (dates and
diagnostic, surgical, and services provided codes) and payment
information (payee, amounts and dates).
Policies and practices for storing, retrieving, accessing,
retaining, and disposing of records in the system:
Storage:
Records are maintained on paper documents at the health care
facilities. Paper payment vouchers are maintained at the health care
facility or VA Data Processing Center at Austin, Texas. Information
on automated storage media (e.g., microfilm, microfiche, magnetic
tape and magnetic disks and laser optical media) is stored at the
health care facilities (includes record information stored in the
Integrated Hospital System (IHS) at selected medical facilities and
at other facilities in the Decentralized Hospital Computer Program
(DHCP) system, and, in most cases, copies of back-up computer files
maintained at off-site locations), VA Central Office, the VA Boston
Development Center, the Regional Directors and Division Offices, the
Information Systems Centers and the Austin VA Data Processing Center.
Reports generated from these records are maintained on paper and
microfiche at the health care facilities, VA Central Office, the
Regional Directors and Division Offices, and the Data Processing
Center.
Retrievability:
Information is retrieved by the patient's name and/or social
security number and/or the name or social security or taxpayer
identification numbers of the non-VA health care institution or
provider.
Safeguards:
1. Access to working spaces and record storage areas in VA health
care facilities is restricted to VA employees on a ``need-to-know''
basis. Generally, file areas are locked after normal duty hours and
the health care facilities are protected from outside access by the
Federal Protective Service or other security personnel. Access to the
records is restricted to VA employees who have a need for the
information in the performance of their official duties. Employee
records or records of public figures or otherwise sensitive records
are generally stored in separate locked files. Strict control
measures are enforced to ensure that access to and disclosures from
these records are limited to a ``need-to-know'' basis.
2. Access to the DHCP and IHS computer rooms at health care
facilities is generally limited by appropriate locking devices and
restricted to authorized VA employees and vendor personnel. ADP
peripheral devices are generally placed in secure areas (areas that
are locked or have limited access) or are otherwise protected.
Information in the DHCP and IHS systems may be accessed by authorized
VA employees. Access to file information is controlled at two levels:
the system recognizes authorized employees by a series of
individually unique passwords/codes as a part of each data message,
and the employees are limited to only that information in the file
which is needed in the performance of their official duties.
Information that is downloaded from the Austin Data Processing Center
and DHCP and IHS files and maintained on personal computers is
afforded similar storage and access protections as the data that is
maintained in the original files. Remote access to file information
by staff of the Information Systems Centers, the Veterans Benefits
Administration Regional Offices, and access by OIG staff conducting
an audit or investigation at the health care facility or an OIG
office location remote from the health care facility is controlled in
the same manner.
3. Access to the Austin VA Data Processing Center is generally
restricted to Center employees, custodial personnel, Federal
Protective Service and other security personnel. Access to computer
rooms is restricted to authorized operational personnel through
electronic locking devices. All other persons gaining access to
computer rooms are escorted. Information stored in the computer may
be accessed by authorized VA employees at remote locations including
VA health care facilities, Information Systems Centers, VA Central
Office, Regional Directors and Division Offices, and OIG headquarters
and field staff. Access is controlled by individually unique
passwords/codes which must be changed periodically by the employee.
4. Access to records maintained at VA Central Office, the VA
Boston Development Center, the Information Systems Centers and the
Regional Directors and Division Offices is restricted to VA employees
who have a need for the information in the performance of their
official duties. Access to information stored on automated storage
media is controlled by individually unique passwords/codes.
Information stored on computers at the Information Systems Centers
may be accessed by authorized VA employees at remote locations
including VA health care facilities and Regional Directors and
Division Offices. Access is controlled by individually unique
passwords/codes. Records are maintained in manned rooms during
nonworking hours. The facilities are protected from outside access
during working hours by the Federal Protective Service or other
security personnel.
5. Information downloaded from DHCP and IHS and VA Data
Processing Center files and maintained by the OIG headquarters and
field offices on automated storage media is secured in storage areas
or facilities to which only OIG staff have access. Paper documents
are similarly secured. Access to paper documents and information on
automated storage media is limited to OIG employees who have a need
for the information in the performance of their official duties.
Access to information stored on automated storage media is controlled
by individually unique passwords/codes.
Retention and disposal:
Paper documents at the health care facility related to
authorizing the fee basis care and the services authorized, billed
and paid for are maintained in the Patient Medical Records-VA
(24VA136). These records are retained at health care facilities for a
minimum of three (3) years after the last episode of care. After the
third year of inactivity the paper record is screened and vital
documents are removed and retained for an additional seventy-two (72)
years at the facility as a perpetual medical record. The remaining
portion of the record is transferred to the nearest Federal Record
Center for seventy-two (72) more years of storage. Automated storage
media and other paper documents that are included in this system of
records and not maintained in the Patient Medical Records-VA
(24VA136) are retained and disposed of in accordance with disposition
authorization approved by the Archivist of the United States.
System manager(s) and address:
Director, Medical Administration Service (161B), VA Central
Office, Washington, DC 20420.
Notification procedures:
An individual who wishes to determine whether a record is being
maintained in this system under the individual's name or other
personal identifier, or wants to determine the contents of such
record, should submit a written request or apply in person to the
last VA health care facility where care was authorized or rendered.
Addresses of VA health care facilities may be found in VA Appendix 1
at end of this document. All inquiries must reasonably identify the
portion of the fee basis record involved and the place and
approximate date that medical care was provided. Inquiries should
include the patient's full name, social security number and return
address.
Record access procedures:
Individuals seeking information regarding access to and
contesting of VA fee basis records may write, call or visit the last
VA facility where medical care was authorized or provided.
Contesting record procedures: (See Record Access Procedures above.)
Record source categories:
The patient, family members or accredited representative, and
friends, employers or other third parties when otherwise unobtainable
from the patient or family; military service departments; private
medical facilities and health care professionals; Patient Medical
Records-VA (24VA136); other Federal agencies; VA regional offices; VA
automated record systems including Individuals Submitting Invoices/
Vouchers for Payment-VA (13VA047), Veterans and Beneficiaries
Identification and Records Location Subsystem-VA (38VA23) and the
Compensation, Pension, Education and Rehabilitation Records-VA
(58VA21/22); and, various automated systems providing clinical and
managerial support at VA health care facilities.
24VA136
System name: Patient Medical Records--VA.
System location:
Paper records are maintained at VA health care facilities and
Federal record centers. Address locations for VA facilities are
listed in VA Appendix 1 at the end of this document. Paper record
abstract information is stored in automated storage media records
that are maintained at the health facilities (in most cases, back-up
computer tape information is stored at off-site locations); VA
Central Office, Washington, DC; VA Central Office files maintained at
the National Institutes of Health Computer Center, Bethesda, MD; the
VA Boston Development Center, Braintree, MA; the Information Systems
Centers; the Regional Directors and Division Offices; and the VA Data
Processing Center, Austin, TX. Active paper records are generally
maintained by the last health care facility where care was rendered.
In some cases, copies of paper records, or copies of parts of these
records, may be maintained at VA Central Office and/or Regional
Directors and Division Offices. The Regional Directors are located
at: Eastern Region, Baltimore, MD, with Regional Division Offices at
Albany, NY, Baltimore, MD, Bedford, MA, and Pittsburgh, PA; Central
Region, Ann Arbor, MI, with Regional Division Offices at Ann Arbor,
MI, Indianapolis, IN, Minnesota, MN, and St. Louis, MO; Southern
Region, Jackson, MS, with Regional Division Offices at Atlanta, GA,
Dallas, TX, Jackson, MS, and Tampa Bay, FL; and the Western Region,
San Francisco, CA, with Regional Division Offices at Palo Alto, CA,
Phoenix, AZ, Portland, OR, and Salt Lake City, UT.
Categories of individuals covered by the system:
1. Veterans who have applied for health care services under title
38, United States Code, chapter 17, and in certain cases members of
their immediate families.
2. Spouse, surviving spouse, and children of certain veterans who
have applied for health care services under title 38, United States
Code, chapter 17.
3. Beneficiaries of other Federal agencies.
4. Individuals examined or treated under contract or resourse
sharing agreements.
5. Individuals examined or treated for research or donor
purposes.
6. Individuals who have applied for title 38 benefits but who do
not meet the requirements under title 38 to receive such benefits.
7. Individuals who were provided medical care under emergency
conditions for humanitarian reasons.
8. Pensioned members of allied forces who are provided health
care services under Title 38, United States Code, Chapter I.
Categories of records in the system:
The patient medical record is a consolidated health record (CHR)
which may include an administrative record folder (e.g., medical
benefit application and eligibility information including information
obtained from Veterans Benefits Administration automated records such
as the Veterans and Beneficiaries Identification and Records Location
Subsystem-VA (38VA23) and the Compensation, Pension, Education and
Rehabilitation Records-VA (58VA21/22), correspondence about the
individual), medical record folder (a cumulative account of
sociological, diagnostic, counseling, rehabilitation, drug and
alcohol, dietetic, medical, surgical, dental, psychological, and/or
psychiatric information compiled by VA professional staff and non-VA
health care providers), and subsidiary record information (e.g.,
tumor registry, dental, prosthetic, pharmacy, nuclear medicine,
dietetic, social work, clinical laboratory, radiology, patient
scheduling information, information related to funds that are
deposited at the health care facility for safekeeping). The
consolidated health record may include identifying information (e.g.,
name, address, date of birth, VA claim number, social security
number), military service information (e.g., dates, branch and
character of service, service number, medical information), family
information (e.g., next of kind and person to notify in emergency
address information, name, social security number and date of birth
for veteran's spouse and dependents, family medical history
information), employment information (e.g., occupation, employer name
and address), financial information (e.g., family income, assets,
expenses, debts, amount and source of income for veteran, spouse and
dependents), third-party health plan contract information (e.g.,
health insurance carrier name and address, policy number, amounts
billed and paid), and information pertaining to the individual's
medical, surgical, psychiatric, dental, and/or psychological
examination, evaluation, and/or treatment (e.g., information related
to the chief complaint and history of present illness and information
related to physical, diagnostic, therapeutic, and special
examinations, clinical laboratory, pathology and x-ray findings,
operations, medical history, medications prescribed and dispensed,
treatment plan and progress, consultations, photographs taken for
identification and medical treatment, education and research
purposes, facility locations where treatment is provided,
observations and clinical impressions of health care providers (and
identity of providers) to include, as appropriate, the present state
of the patient's health, an assessment of the patient's emotional,
behavioral, and social status, as well as an assessment of the
patient's rehabilitation potential and nursing care needs). Patient
medical record abstract information is maintained in auxiliary paper
and automated records (e.g., Patient Treatment File (PTF) (data from
inpatient episodes of care), Agent Orange Registry (veterans examined
for Agent Orange exposure), Former Prisoner of War Tracking System
(former POW's who have received a medical evaluation), outpatient
visit file (OPC) (data relating to outpatient visits of patients and
collaterals), Annual Patient Census File (data on a cross-section of
patients in VA health care facilities, cardiac pacemaker registry
(patients implanted with a cardiac pacemaker), Hospital Based Home
Care Program (patients provided medical services at home), Spinal
Cord Injury (SCI) registry (SCI patients who have been examined or
treated), AIDS (Acquired Immunodeficiency Syndrome) registry
(patients examined or treated for AIDS or AIDS Related Complex)).
A perpetual medical record is established and maintained at the
health care facility when a consolidated health record is transferred
to a Federal record center for storage. The perpetual medical record
consists of the application(s) for medical benefits, hospital
summary(ies), operation report(s), and tissue examination(s) for all
episodes of care, and if applicable, autopsy report and certain
Freedom of Information and Privacy Acts related records. Records
related to ionizing radiation and agent orange claimants include
ionizing radiation registry and agent orange registry code sheets,
progress notes, laboratory reports, and follow-up letters.
Purpose(s):
The paper and automated records may be used for such purposes as:
Producing various management and patient follow-up reports;
responding to patient and other inquiries; for epidemiological
research and other health care related studies; statistical analysis,
resource allocation and planning; providing clinical and
administrative support to patient medical care; determining
entitlement and eligibility for VA benefits; processing and
adjudicating benefit claims by VBA (Veterans Benefits Administration)
RO (Regional Office) staff; for audits, reviews and investigations
conducted by staff of the health care facility, the Regional
Directors and Division Offices, VA Central Office, and the VA OIG
(Office of Inspector General); law enforcement investigations;
quality assurance audits, reviews and investigations; personnel
management and evaluation; employee ratings and performance
evaluations, and employee disciplinary or other adverse action,
including discharge; advising health care professional licensing or
monitoring bodies or similar entities of activities of VA and former
VA health care personnel; accreditation of a facility by an entity
such as the Joint Commission on Accreditation of Healthcare
Organizations; and, notifying medical schools of medical students'
performance.
Authority for maintenance of the system:
Title 38, United States Code, chapter 3, section 210(c)(1) and
chapter 73, section 4115.
Routine uses of records maintained in the system, including
categories of users and the purposes of such uses:
To the extent that records contained in the system include
information protected by 38 U.S.C. 4132, i.e., medical treatment
information related to drug abuse, alcoholism or alcohol abuse,
sickle cell anemia or infection with the human immunodeficiency
virus, that information cannot be disclosed under a Routine Use
unless there is also specific statutory authority permitting
disclosure.
1. Disclosure of medical record data as deemed necessary and
proper to Federal, State and local government agencies and national
health organizations in order to assist in the development of
programs that will be beneficial to claimants and to protect their
rights under law and assure that they are receiving all benefits to
which they are entitled.
2. Disclosure of medical care furnished and the period of care,
as deemed necessary and proper to accredited service organization
representatives and other approved agents, attorneys, and insurance
companies to aid claimants in the preparation, presentation and
prosecution of claims under laws administered by the VA, State or
local agencies.
3. In the event that a system of records maintained by this
agency to carry out its functions indicates a violation or potential
violation of law, whether civil, criminal or regulatory in nature,
and whether arising by general statute or particular program statute,
or by regulation, rule or order issued pursuant thereto, the relevant
records in the system of records may be referred, as a routine use,
to the appropriate agency, whether Federal, State, local or foreign,
charged with the responsibility of investigating or prosecuting such
violation or charged with enforcing or implementing the statute, or
rule, regulation or order issued pursuant thereto.
4. A record from this system of records may be disclosed to a
Federal agency, in response to its request, in connection with the
hiring or retention of an employee, the issuance of a security
clearance, the reporting of an investigation of an employee, the
letting of a contract, or the issuance of a license, grant, or other
benefit by the requesting agency, to the extent that the information
is relevant and necessary to the requesting agency's decision on the
matter.
5. A record from this system of records may be disclosed as a
`routine use' to a Federal, State or local agency maintaining civil,
criminal or other relevant information, such as current licenses, if
necessary to obtain information relevant to an agency decision
concerning the hiring or retention of an employee, the issuance of a
security clearance, the letting of a contract, or the issuance of a
license, grant or other health, educational or welfare benefit.
6. Disclosure of information from this system of records amy be
made by appropriate VA personnel to the extent necessary and on a
need-to-know basis consistent with good medical-ethical practices to
the next of kin and/or the person(s) with whom the patient has a
meaningful relationship.
7. In response to an inquiry about a named individual from a
member of the general public, disclosure of information may be made
from this system of records to establish the patient's presence (and
location when needed for visitation purposes) in a medical facility,
to report the patient's general condition while hospitalized (e.g.,
satisfactory, seriously ill), or to report the amount of monthly VA
monetary benefits being received by the patient.
8. Relevant information from this system of records may be
disclosed as a routine use: 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 Certificaes of Incompetency; and to probation and parole officers
in connection with Court required duties.
9. Relevant information from this system of records, including
the nature and amount of a financial obligation, may be disclosed as
a routine use, in order to assist the Veterans Administration in the
collection of unpaid financial obligations owed the VA, to a debtor's
employing agency or commanding officer so that the debtor-employee
may be counseled by his or her Federal employer or commanding
officer. This purpose is consistent with 5 U.S.C. 5514, 4 CFR 102.5,
and section 206 of Executive Order 11222 of May 8, 1965 (30 FR 6469).
10. Release of information to a guardian ad litem in relation to
his or her representation of a claimant in any legal proceeding.
11. Disclosure may be made to a congressional office from the
record of an individual in response to an inquiry from the
congressional office made at the request of that individual.
12. A record containing the name(s) and address(es) of present or
former members of the armed services and/or their dependents may be
released from this system of records under certain circumstances: (1)
To any nonprofit organization if the release is directly connected
with the conduct of programs and the utilization of benefits under
Title 38, and (2) to any criminal or civil law enforcement
governmental agency or instrumentality charged under applicable law
with the protection of the public health or safety if a qualified
representative of such organization, agency or instrumentality has
made a written request that such name(s) or address(es) be provided
for a purpose authorized by law; provided, further, that the
record(s) will not be used for any purpose other than that stated in
the request and that organization, agency or instrumentality is aware
of the penalty provision of 38 U.S.C. 3301(f).
13. For the purpose of justifying emergency leave, disclosure to
the Red Cross of the nature of the patient's illness, probable
prognosis, estimated life expectancy and need for the presence of the
related service member.
14. Any relevant information may be disclosed to attorney's,
insurance companies, employers, third parties liable or potentially
liable under health plan contracts, and to courts, boards, or
commissions; such disclosuresmay be made only to the extent necessary
to aid the Veterans Administration in preparation, presentation, and
prosecution of claims authorized under Federal, State, or local laws,
and regulations promulgated thereunder.
15. Disclosure of medical record data, excluding name and
address, (unless name and address is furnished by the requester) for
research purposes determined to be necessary and proper, to
epidemiological and other research facilities approved by the Chief
Medical Director.
16. In order to conduct Federal research necessary to accomplish
a statutory purpose of an agency, at the written request of the head
of the agency, or designee of the head of that agency, the name(s)
and address(s) of present or former personnel of the Armed Services
and/or their dependents may be disclosed (a) to a Federal department
or agency or (b) directly to a contractor of a Federal department or
agency. When a disclosure of this information is to be made directly
to the contractor, the VA may impose applicable conditions on the
department, agency and/or contractor to insure the appropriateness of
the disclosure to the contractor.
17. Any relevant information may be disclosed to the Department
of Justice and United States Attorneys in defense or prosecution of
litigation involving the United States, and to Federal agencies upon
their request in connection with review of administrative tort claims
filed under the Federal Tort Claims Act, 28 U.S.C. 2672.
18. Disclosure of information from the record of an individual
may be made by the examining VA physician to a non-VA physician, when
that non-VA physician has referred the individual to the VA for
medical care.
19. Disclosure may be made to NARA (National Archives and Records
Administration) GSA (General Services Administration) in records
management inspections conducted under authority of 44 U.S.C. 2904
and 2906.
20. Any medical data concerning a nonjudicially declared
incompetent patient may be disclosed by appropriate VA personnel to a
third party upon the written authorization of the patient's next of
kin in order for the patient, or, consistent with the best interest
of the patient, a member of the patient's family, to receive a
benefit to which the patient or family member is entitled, or, to
arrange for the patient's discharge from a VA medical facility.
Sufficient data to make an informed determination will be made
available to such next of kin by appropriate VA personnel. If the
patient's next of kin are not reasonably accessible, disclosure of
medical data for these purposes may be made by the Chief of Staff,
Director, or designee of the VA medical facility where the records
are maintained.
21. Any information in this system of records, including personal
information obtained from other Federal agencies through computer
matching programs, may be disclosed for the purposes identified below
to any third party, except consumer reporting agencies, in connection
with any proceeding for the collection of an amount owed to the
United States by virtue of a person's participation in any benefit
program administered by the Veterans Administration. Information may
be disclosed under this routine use only to the extent that it is
reasonably necessary for the following purposes: (a) To assist the VA
in collection of title 38 overpayments, overdue indebtedness, and/or
costs of services provided individuals not entitled to such services;
and (b) to initiate civil or criminal legal actions for collecting
amounts owed to the United States and/or for prosecuting individuals
who willfully or fraudulently obtain title 38 benefits without
entitlement. This disclosure is consistent with 38 U.S.C. 3301(b)(6).
22. The name and address of a veteran, other information as is
reasonably necessary to identify such veteran, including personal
information obtained from other Federal agencies through computer
matching programs, and any information concerning the veteran's
indebtedness to the United States by virtue of the person's
participation in a benefits program administered by the VA may be
disclosed to a consumer reporting agency for purposes of assisting in
the collection of such indebtedness, provided that the provisions of
38 U.S.C. 3301(g)(4) have been met.
23. Any information in this system may be disclosed to a Federal
grand jury, a Federal court or a party in litigation, or a Federal
agency or party to an administrative proceeding being conducted by a
Federal agency, in order for the VA to respond to and comply with the
issuance of a Federal subpoena.
24. Any information in this system may be disclosed to as State
or municipal grand jury, a State or municipal court or a party in
litigation, or to a State or municipal administrative agency
functioning in a quasi-judicial capacity or a party to a proceeding
being conducted by such agency, in order for the VA to respond to and
comply with the issuance of a State or municipal subpoena; provided,
that any disclosure of claimant information made under this routine
use must comply with the provisions of 38 CFR 1.511.
25. The individual's name, address, social security number and
amount (excluding interest) of any indebtedness in an amount of 600
dollars or more which is waived under 38 U.S.C. 3102, compromised
under 4 CFR Part 103, otherwise forgiven, or for which the applicable
statute of limitations for enforcing collection has expired, may be
disclosed to the Treasury Department, Internal Revenue Service, as a
report of income under 26 U.S.C. 61(a)(12).
26. Records from this system of records may be disclosed to a
Federal Agency or to a State or local government licensing board and/
or to the Federation of State Medical Boards or a similar
nongovernment entity which maintains records concerning individuals'
employment histories or concerning the issuance, retention or
revocation of licenses, certifications, or registration necessary to
practice an occupation, profession or specialty , in order for the
Agency to obtain information relevant to an Agency decision
concerning the hiring, retention or termination of an employee or to
inform a Federal Agency or licensing boards or the appropriate
nongovernment entities about the health care practices of a
terminated, resigned or retired health care employee whose
professional health care activity so significantly failed to conform
to generally accepted standards of professional medical practice as
to raise reasonable concern for the health and safety of patients in
the private sector or from another Federal Agency. These records may
also be disclosed as part of an ongoing computer matching program to
accomplish these purposes.
27. In the case of any record which is maintained in connection
with the performance of any program or activity relating to infection
with the Human Immunodeficiency Virus (HIV), information may be
disclosed to a Federal, State, or local public health authority that
is charged under Federal or State law with the protection of the
public health, and to which Federal or State law requires disclosure
of such record, if a qualified representative of such authority has
made a written request that such record be provided as required
pursuant to such law for a purpose authorized by such law. The person
to whom information is disclosed should be advised that they may not
redisclose or use such information for a purpose other than that for
which the disclosure was made (38 U.S.C. 4132(b)(2)(C). The
disclosure of patient name and address under this routine use must
comply with the provisions of 38 U.S.C. 3301(f)(2).
28. Information indicating that a patient or subject is infected
with the Human Immunodeficiency Virus (HIV) may be disclosed by a
physician or professional counselor to the spouse of the patient or
subject or to an individual whom the patient or subject has, during
the process of professional counseling or of testing to determine
whether the patient or subject is infected with the virus, identified
as being a sexual partner of the patient or subject. Disclosures may
be made only if the physician or counselor, after making reasonable
efforts to counsel and encourage the patient or subject to provide
the information to the spouse or sexual partner and that the
disclosure is necessary to protect the health of the spouse or sexual
partner. Such disclosures should, to the extent feasible, be made by
the patient's or subject's treating physician or professional
counselor. Before any patient or subject gives consent to being
tested for the HIV, as part of pre-testing counseling, the patient or
subject must be informed fully about these notification procedures.
29. The name of a veteran, or other beneficiary, other
information as is reasonably necessary to identify such individual,
and any information concerning the individual's indebtedness by
virtue of a person's participation in a medical care and treatment
program administered by VA, may be disclosed to the Treasury
Department, Internal Revenue Service, for the collection of
indebtedness arising from such program by the withholding of all or a
portion of the person's Federal income dtax refund. These records may
be disclosed as part of a computer matching program to accomplish
these purposes.
30. Relevant information (excluding medical treatment information
related to drug or alcohol abuse, infection with the human
immunodeficiency virus or sickle cell anemia) may be disclosed to the
Department of Health and Human Services (HHS) for the purpose of
identifying improper duplicate payments made by Medicare fiscal
intermediaries where VA authorized and was responsible for payment
for medical services obtained at non-VA health care facilities. The
purpose of the review is for HHS to identify duplicate payments and
initiate recovery of identified overpayments and, where warranted,
initiate fraud investigations, or, to seek reimbursement from VA for
those services which were authorized by VA and for which no payment,
or partial payment, was made by VA. The information to be disclosed
to HHS for those patients authorized by VA to obtain medical services
from non-VA health care facilities includes patient identifying
information to include name, address, Social Security number, and
date of birth, and dates of admission and discharge, diagnostic,
surgical and procedures codes, and state and county of residence and
zip code. These records may also be disclosed as part of an ongoing
computer matching program to accomplish these purposes.
31. Identifying information in this system, including name,
address, social security number and other information as is
reasonably necessary to identify such individual, may be disclosed to
the National Practitioner Data Bank at the time of hiring and/or
clinical privileging/reprivileging of health care practitioners, and
other times as deemed necessary by VA, in order for VA to obtain
information relevant to a Department decision concerning the hiring,
privileging/reprivileging, retention or termination of the applicant
or employee.
32. Relevant information from this system of records may be
disclosed to the National Practitioner Data Bank and/or State
Licensing Board in the State(s) in which a practitioner is licensed,
in which the VA facility is located, and/or in which an act or
omission occurred upon which a medical malpractice claim was based
when VA reports information concerning: (1) Any payment for the
benefit of a physician, dentist, or other licensed health care
practitioner which was made as the result of a settlement or judgment
of a claim of medical malpractice if an appropriate determination is
made in accordance with agency policy that payment was related to
substandard care, professional incompetence or professional
misconduct on the part of the individual; (2) a final decision which
relates to possible incompetence or improper professional conduct
that adversely affects the clinical privileges of a physician or
dentist for a period longer than 30 days; or, (3) the acceptance of
the surrender of clinical privileges or any restriction of such
privileges by a physician or dentist either while under investigation
by the health care entity relating to possible incompetence or
improper professional conduct, or in return for not conducting such
an investigation or proceeding. These records may also be disclosed
as part of a computer matching program to accomplish these purposes.
33. Relevant medical record treatment information (excluding
medical treatment information related to drug or alcohol abuse,
infection with the human immunodeficiency virus or sickle cell
anemia) may be disclosed to a State veterans home for the purpose of
medical treatment and/or follow-up at the State home when VA makes
payment of a per diem rate to the State home for the patient
receiving care at such home and the patient receives VA medical care.
34. Relevant medical record treatment informtion (excluding
medical treatment information related to drug or alcohol abuse,
infection with the human immunodeficiency virus or sickle cell
anemia) may be disclosed to (1) a Federal agency or non-VA health
care provider or institution when VA refers a patient for hospital or
nursing home care or medical services or authorizes a patient to
obtain non-VA medical services and the information is needed by the
Federal agency or non-VA institution on provider to perform the
services; or (2) a Federal agency or to a non-VA hospital (Federal,
State and local public or private) or other medical installation
having hospital facilities, organ banks, blood banks, or similar
institutions, medical schools or clinics, or other groups or
individuals that have contracted or agreed to provide medical
services or share the use of medical resources under the provisions
of 38 U.S.C. 213, 4117, 5011, or 5053, when treatment is rendered by
VA under the terms of such contract or agreement or the issuance of
an authorization and the information is needed for purposes of
medical treatment and/or follow-up, determining entitlement to a
benefit, or, for VA to effect recovery of the costs of the medical
care.
35. For program review purposes and the seeking of accreditation
and/or certification, record information may be disclosed to survey
teams of the Joint Commission on Accreditation of Healthcare
Organizations, College of American Pathologists, American Association
of Blood Banks, and similar national accreditation agencies or boards
with who VA has a contract or agreement to conduct such reviews, but
only to the extent that the information is necessary and relevant to
the review.
36. Relevant medical record information (excluding medical
treatment information related to drug or alcohol abuse, infection
with the human immunodeficiency virus or sickle cell anemia)
concerning a patient being considered for outplacement by VA may be
disclosed to a non-VA nursing home facility that is considering the
patient for admission when information concerning the individual's
medical care is needed for the purpose of preadmission screening
under 42 CFR 483.20(f) for the purpose of identifying patients who
are mentally ill or mentally retarded so they can be evaluated for
appropriate placement.
37. Information from a named patients's VA medical record which
relates to the performance of a health care student or provider may
be disclosed to a medical or nursing school or other health care
related training institution on other facility with which there is an
affiliation, sharing agreement, contract, or similar arrangement when
the student or provider is enrolled at or employed by the school or
training institution or other facility and the information is needed
for personnel management, rating and/or evaluation purposes.
38. Relevant patient medical record information may be disclosed
to individuals, organizations, private or public agencies, etc., with
whom VA has a contract or agreement to perform such services as VA
may deem practicable for the purposes of laws administered by VA, in
order for the contractor to perform the services of the contract or
agreement.
39. Identifying information, including social security number,
concerning veterans, spouse(s) of veterans, and the dependents of
veterans, may be disclosed to other Federal agencies for purposes of
conducting computer matches to obtain information to determine or
verify eligibility of certain veterans who are receiving VA medical
care under Title 38, U.S.C..
40. The name and social security number of a veteran, spouse and
dependent, and other identifying information as is reasonably
necessary may be disclosed to the Social Security Administration,
Department of Health and Human Services, for the purpose of
conducting a computer match to obtain information to validate the
social security numbers maintained in VA records.
41. The patient name and relevant medical record treatment
information concerning an adverse drug reaction of a patient may be
disclosed to the Food and Drug Administration, Department of Health
and Human Services for purposes of quality of care management
including detection, treatment, monitoring, reporting, analysis and
follow-up actions relating to adverse drug reactions
42. Patient identifying information may be disclosed from this
system of records to Federal agencies such as the Department of
Defense, Office of Personnel Management and Department of Health and
Human Services and VA and government-wide third-party insurers
responsible for payment of the cost of medical care for the
identified patients in order for VA to seek recovery of the medical
care costs. These records may also be disclosed as part of a computer
matching program to accomplish these purposes.
43. Pursuant to 38 U.S.C. 7464 and notwithstanding sections 5701
and 7332, whem requested by a VA employee or former VA empolyee (or a
representative of the employee) whose case is under consideration by
VA Disciplinary Appeals Board, in connection with the considerations
of the Board, records or information may be reviewed by or disclosed
to the employee or former employee (or representative) to the extent
the Board considers appropriate for purposes of the proceedings of
the Board in that case, when authorized by the chairperson of the
Board.
Policies and practices for storing, retrieving, accessing,
retaining and disposing of records in the system:
Storage:
Records (or information in records) are maintained on paper
documents in the consolidated heath record at the last VA health care
facility where care was rendered and at Federal records centers.
Subsidiary record information is maintained at the various respective
services within the health care facility (e.g., Pharmacy, Fiscal,
Dietetic, Clinical Laboratory, Radiology, Social Work, Psychology,
etc.) and by individuals, organizations, and/or agencies with whom VA
has a contract or agreement to perform such services as VA may deem
practicable. All or portions of the consolidated health record is
stored or maintained on-line in VISTA or DHCP (Veterans Information
Systems Technology Architecture or Decentralized Hospital Computer
Program) computer systems in each VA health care facility and back-up
computer files maintained at off-site locations, and may also be
stored, in part, at VA Central Office, the National Institutes of
Health, the VA Boston Development Center, Chief Information Officer
Field Offices (CIOFOs), VA regional offices (VAROs), and the Austin
Automation Center (AAC), Austin, Texas.
Retrievability:
Patient medical record folders are indexed by name and social
security number and maintained in terminal digit order. Automated
records are indexed by name and social security number.
Safeguards:
1. Access to working spaces and patient medical record storage
areas in VA health care facilities is restricted to VA employees on a
``need-to-know'' basis. Generally, file areas are locked after normal
duty hours and the health care facilities are protected from outside
access by the Federal Protective Service or other security personnel.
Access to pastient medical records is restricted to VA employees who
have a need for the information in the performance of their official
duties. Employee patient medical records and records of public
figures or otherwise sensitive patient medical records are generally
stored in separate locked files. Strict control measures are enforced
to ensure that access to and disclosures from these patient medical
records are limited to a ``need-to-know'' basis.
2. Access to the VISTA or/and DHCP computer rooms within the
health care facilities is generally limited by appropriate locking
devices and restricted to authorized VA employees and vendor
personnel. ADP peripheral devices are generally placed in secure
areas (areas that are locked or have limited access) or are otherwise
protected. Information in DHCP and VISTA systems may be accessed only
by authorized VA employees. Access to file information is controlled
at two levels: The system recognizes authorized employees by a series
of individually unique passwords/codes as a part of each data
message, and the employees are limited to only that information in
the file which is needed in the performance of their official duties.
Information that is downloaded from PTF, OPC, DHCP and VISTA files
and maintained on personal computers must be afforded similar storage
and access protections as the data that is maintained in the original
files.
3. Authorized Veterans Benefits Administration (VBA) regional
office personnel are provided direct, on-line remote access to VHA
patient treatment records maintained on DHCP or VISTA systems at VA
health care facilities for the purposes of reading and downloading
veterans' medical record relevant to the development and adjudication
of the veterans' claims. To the extent that medical treatment records
do not exist in electronic format, VBA will continue to access
treatment records via AMIE (Automated Medical Information Exchange)
software.
4. Access to the Austin Automation Center (AAC) is generally
restricted to AAC employees, custodial personnel, Federal Protective
Service and other security personnel. Access to computer rooms is
restricted to authorized operational personnel through electronic
locking devices. All other persons gaining access to computer rooms
are escorted. Information stored in the AAC databases may be accessed
by authorized VA employees at remote locations including VA health
care facilities, VA Central Office, VISN (Veterans Integrated Service
Network) Offices, and OIG headquarters and field staff. Access is
controlled by individually unique passwords/codes which must be
changed periodically by the employee.
5. Access to records maintained at VA Central Office, the VA
Boston Development Center, the CIOFOs, and the VISN Offices is
restricted to VA employees who have a need for the information in the
performance of their official duties. Access to information stored in
electronic format is controlled by individually unique passwords/
codes. Records are maintained in manned rooms during working hours.
The facilities are protected from outside access during non-working
hours by the Federal Protective Service or other security personnel.
6. Information stored on computers at the CIOFOs may be accessed
by authorized VA employees at remote locations including VA health
care facilities and VISN Offices. Access to electronically stored
information is controlled by individually unique passwords/codes.
Records are maintained in manned rooms during working hours. The
facilities are protected from outside access during non-working hours
by the Federal Protective Service or other security personnel.
7. Access to PTF information stored by VA Central Office at the
National Institutes of Health Computer Center is limited to quality
assurance program staff at VA Central Office and the VISN Offices. VA
Central Office staff may access the nationwide data and staff of the
VISN Offices may access data for their network area. Access to file
information is controlled by individually unique passwords/codes.
8. Information downloaded from OPC, PTF and VISTA/DHCP files and
maintained by the OIG headquarters and field offices on automated
storage media is secured in storage areas or facilities to which only
OIG staff have access. Paper documents are similarly secured. Access
to paper documents and information on automated storage media is
limited to OIG employees who have a need for the information in the
performance of their official duties. Access to information stored
electronically is controlled by individually unique passwords/codes.
Retention and disposal:
Consolidated health records are retained at health care
facilities for a minimum of 3 years after the last episode of care.
After the third year of inactivity the paper record is transferred to
the nearest Federal record center for 72 more years of storage.
Information stored on electronic storage media is retained and
disposed of in accordance with disposition authorization approved by
the Archivist of the United States.
System manager(s) and address: Director, Medical Administration
Service (161B), VA Central Office, Washington, DC 20420.
Notification procedure:
An individual who wishes to determine whether a record is being
maintained in this system under his or her name or other personal
identifier, or wants to determine the contents of such record, should
submit a written request or apply in person to the last VA health
care facility where care was rendered. Addresses of VA health care
facilities may be found in VA Appendix 1 at the end of this document.
All inquiries must reasonably identify the portion of the medical
record involved and the place and approximate date that medical care
was provided. Inquiries should include the patient's full name,
social security number and return address.
Record access procedures:
Individuals seeking information regarding access to and
contesting of VA medical records may write, call or visit the last VA
facility where medical care was provided.
Contesting record procedures: (See Record Access Procedures above.)
Record source categories:
The patient, family members or accredited representative, and
friends, employers or other third parties when otherwise unobtainable
from the patient or family; military service departments; health
insurance carriers; private medical facilities and health care
professionals; State and local agencies; other Federal agencies; VA
regional offices, Veterans Benefits Administration automated record
systems (including Veterans and Beneficiaries Identification and
Records Location Subsystem-VA (38VA23) and the Compensation, Pension,
Education and Rehabilitation Records-VA (58VA21/22); and, various
automated systems providing clinical and managerial support at VA
health care facilities.
27VA047
System name: Personnel and Accounting Pay System-VA.
System location: VA Data Processing Center, Austin, Texas; the
field stations where the employee is on duty.
Categories of individuals covered by the system: All VA employees
(including Consultants and Attendings).
Categories of records in the system:
PAID Master Records, Record of Salary Payments, Time and
Attendance Report File, Earnings and Leave Statement, Individual
Retirement Record, Payroll Folder Files, Personnel Action Records and
Basic Authorizations, Training and Incentive Awards Record, Carpool
and Ridesharing Program Records (i.e., name, address, office location
at the facility).
Authority for maintenance of the system:
Statutory provisions, Executive Order 12191 (45 FR 7997 (Feb. 6,
1980)) and other Executive Orders of the President, and rules and
regulations of certain Federal regulatory departments and agencies.
Routine uses of records maintained in the system, including
categories of users and the purposes of such uses:
1. To produce and maintain the personnel and payroll records,
including reports and statistical data, of VA employees for use by
Federal, State and local agencies and organizations authorized by law
or regulation to have access to such information.
2. Transfer payroll information to complete payroll checks, bond
deductions and withholding taxes to the Treasury Department in order
to effect delivery of payroll checks and saving bonds to VA
employees.
3. Transfer payroll information to the Social Security
Administration in order to credit quarterly posting for social
security.
4. Transfer withholding tax information to State and/or city
governments to effect payment of taxes to city and/or State
governments and to create W-2's.
5. Transfer retirement record information to the Office of
Personnel Management (OPM) in order to provide a hisotry of service
and retirement deductions.
6. Transfer employee Payroll Folder File, Record of Salary
Payments, and Time and Attendance Reports to the National Archives
and Records Administration in order to provide a history of all
salaries, deductions and time and leave.
7. Transfer unemployment compensation information to State
agencies to compile unemployment compensation data.
8. Transfer personnel data to the Office of Personnel Management
(OPM) in order to provide the OPM with a readily accessible major
data source for meeting work force information needs of OPM, national
planning agencies, the Congress, the White House and the public.
9. The Department of Veterans Affairs, on its own initiative, may
disclose any information in this system, except veterans' names and
addresses, which is relevant to a suspected violation or reasonably
imminent violation of law, whether civil, criminal, or regulatory in
nature and whether arising by general or program statute or by
regulation, rule, or order issued pursuant thereto, to any Federal,
foreign, State, or local government agency charged with the
responsibility of investigative or prosecuting such violations, or
charged with enforcing or implementing the statute, rule, regulation,
or order issued pursuant thereto.
10. A record from this system of records may be disclosed as a
``routine use'' to a Federal, State or local agency, or to a non-
governmental organization maintaining civil, criminal or other
relevant information, such as current licenses, registration or
certification, if necessary to obtain information relevant to an
agency decision concerning the hiring or retention of an employee,
the use of an individual as a consultant, attending or to provide fee
basis health care, the issuance of a security clearance, the letting
of a contract, or the issuance of a license, grant or other
benefits.These records may also be disclosed as part of an ongoing
computer matching program to accomplish these purposes.
11. A record from this system of records may be disclosed to a
Federal, State or local agency, in response to its request, in
connection with the hiring or retention of an employee, the issuance
of a security clearance, the reporting of an investigation of an
employee, the letting of a contract or the issuance of a license,
grant, or other benefit by the requesting agency, to the extent that
the information is relevant and necessary to the requesting agency's
decision on the matter.
12. Relevant information from this system of records, including
the nature and amount of a financial obligation, may be disclosed as
a routine use, in order assist VA in the collection of unpaid
financial obligations owed to VA, to a debtor's employing agency or
commanding officer so that the debtor-employee may be counseled by
his or her Federal employer or commanding officer. This purpose is
consistent with the Federal Claims Collection Act (31 U.S.C. chapter
37, subchapters I and II) 4 CFR parts 101-105, and 38 CFR 1.900-
1.954.
13. To provide State and local taxing authorities employee names,
home addresses, social security numbers, gross compensation paid for
a given period, taxes withheld for the benefit of the recipient
jurisdiction or other jurisdictions, according to the provisions of
State and/or local law.
14. Relevant information from this system of records, including
available identifying data regarding the debtor, such as name of
debtor, last known address of debtor, name of debtor's spouse, social
security account number of debtor, VA insurance number, VA loan
number, VA claims number, place and date of birth of debtor, name and
address of debtor's employer or firm, and dates of employment, may be
disclosed to other Federal agencies, State probate courts, State
drivers' license bureaus, and State automobile title and license
bureaus as a routine use in order to obtain current address, locator
and credit report assistance in the collection of unpaid financial
obligations owed to the U.S. This purpose is consist with the Federal
Claims Collection Act (31 U.S.C. chapter 37, subchapters I and II) 4
CFR parts 101-105, and 38 CFR 1.900-1.954.
15. Disclosure may be made to a congressional office from the
record of an individual in response to an inquiry from the
congressional office made at the request of that individual.
16. Information and records in this system may be disclosed to
the National Archives and Records Administration and the General
Services Administration in records management inspections conducted
under the authority of 44 U.S.C. 2904 and 2906 and the implementing
regulations.
17. The name and general geographic location where an employee
resides (not specific home address) may be disclosed by the facility
Employee Transportation Coordinator to other employees in order to
promote the car/vanpooling and ridesharing program established in
accordance with Executive Order 12191 and to enable the VA to verify
membership in car and vanpools.
18. Any information in this system may be disclosed to a Federal
grand jury, a Federal court or a party in litigation, or a Federal
agency or party to an administrative proceeding being conducted by a
Federal agency, in order for the VA to respond to and comply with the
issuance of a Federal subpoena.
19. Any information in this system may be disclosed to a State or
municipal grand jury, a State or municipal court or a party in
litigation, or to a State or municipal administrative agency
functioning in a quasi-judicial capacity or a party to a proceeding
being conducted by such agency, in order for the VA to respond to and
comply with the issuance of a State or municipal subpoena.
20. The name of the employee, social security number, beginning
and ending pay period dates, the number of hours worked during a
given pay period, the gross salary and duty station information may
be disclosed to the Department of Labor (DOL) Inspector General's
office (IG) in order for the DOL IG to conduct a computer match of
these records with various state unemployment benefit files. The
purpose of this computer matching program will be to determine if
Federal employees have been properly drawing state unemployment
benefit payments. These payments are ultimately reimbursed to the
state by the Federal Government.
21. Relevant information from this system of records concerning
full time VA physicians and dentists, including name, social security
number, and date of birth, may be disclosed to Federal, State and
local agencies, and to independent insurance carriers (processors or
medical claims), for the purpose of conducting computer matches to
determine if their outside professional income is accurately reported
and obtained only from santioned professional activities.
22. Records from this system of records may be disclosed to a
Federal Agency or to a State or local government licensing board and/
or to the Federation of State Medical Boards or a similar
nongovernment entity which maintains records concerning individuals'
employment histories or concerning the issuance, retention or
revocation of licenses, certifications, or registration necessary to
practice an occupation, profession or specialty , in order for the
Agency to obtain information relevant to an Agency decision
concerning the hiring, retention or termination of an employee or to
inform a Federal Agency or licensing boards or the appropriate
nongovernment entities about the health care practices of a
terminated, resigned or retired health care employee whose
professional health care activity so significantly failed to conform
to generally accepted standards of professional medical practice as
to raise reasonable concern for the health and safety of patients in
the private sector or from another Federal Agency. These records may
also be disclosed as part of an ongoing computer matching program to
accomplish these purposes.
23. Any information in this system of records may be disclosed to
any State, local, or foreign civil or criminal law enforcement
governmental agency or instrumentality charged under applicable law
with the protection of the public health or safety for the purpose of
protecting public health or safety if qualified representative of
such agency or instrumentality has made a written request that such
information be provided in order to meet a statutory reporting
requirement.
24. Relevant information from this system of records may be
disclosed to the National Practitioner Data Bank and/or State
Licensing Board in the State(s) in which a practitioner is licensed,
in which the VA facility is located, and/or in which an act or
omission occurred upon which a medical malpractice claim was based
when VA reports information concerning: (1) Any payment for the
benefit of a physician, dentist, or other licensed health care
practitioner which was made as the result of a settlement or judgment
of a claim of medical malpractice if an appropriate determination is
made in accordance with agency policy that payment was related to
substandard care, professional incompetence or professional
misconduct on the part of the individual; (2) a final decision which
relates to possible incompetence or improper professional conduct
that adversely affects the clinical privileges of a physician or
dentist for a period longer than 30 days; or, (3) the acceptance of
the surrender of clinical privileges or any restriction of such
privileges by a physician or dentist either while under investigation
by the health care entity relating to possible incompetence or
improper professional conduct, or in return for not conducting such
an investigation or proceeding. These records may also be disclosed
as part of a computer matching program to accomplish these purposes.
25. Any informationin this system may be disclosed to the
Department of Treasury, Internal Revenue Service (IRS), where
required by law or regulation to report withholding information and
to effect payment of taxes withheld to IRS and to create W-2's.
26. Relevant information from this system of records, including
social security number, date of birth, home address, and the amount
of contributions, interfund transfers, or other financial informaiton
may be disclosed to the Federal Retirement Thrift Investment Board in
order to effect employee participation in the Thrift Savings Plan.g
27. Relevant information from this system of records concerning
residents and interns employed at VA Medical Centers, including
names, social security numbers, occupational titles, and dates of
service, may be disclosed to the Health Care Financing Administration
(HCFA) as part of an ongoing computer matching program. The purpose
of this computer matching program is to help assure that no intern or
resident is counted as more than one full-time equivalent in
accordance with program regulations governing Medicare education
costs.
28. Relevant information from this system of records concerning
the departure of a former VA employee, who is the subject of a
garnishment pursuant to a legal process as defined in 5 U.S.C. 552a,
as well as the name and address of the designated agent for the new
employing agency or the name and address of any new private employer,
may be disclosed to the garnishing party (garnisher).
29. Relevant information from this system of records may be
disclosed to individuals, organizations, private or public agencies,
etc., with whom VA has a contract or agreement to perform such
services as VA may deem practicable for the purposes of laws
administered by VA, in order for the contractor to perform the
services of the contract or agreement. In accordance with the
provisions of the contract or agreement, the contractor may disclose
relevant information from this system of records to a third party.
This includes the situation where relevant information may be
disclosed to a third party upon the presentation or submission to the
contractor by that third party of specific authorization or access
data (e.g., an authorization code or number), which is obtained from
VA or the VA contractor only by the individual employee to whom the
information pertains. The employee's release of the specific
authorization or access data to a third party indicates the
employee's authorization for the disclosure of such information to
that third party.
30. The names, social security numbers, home addresses, dates of
birth, dates of hire, quarterly earnings, employer identifying
information, and State of hire of employees may be disclosed to the
Office of Child Support Enforcement, Administration for Children and
Families, Department of Health and Human Services Federal Parent
Locator System (FPLS) for the purpose of locating individuals to
establish paternity, establishing and modifying orders of child
support, identifying sources of income, and for other child support
enforcement actions as required by the Personal Responsibility and
Work Opportunity Reconciliation Act (Welfare Reform Law, Pub. L. 104-
193).
31. Information from this system of records may be released to
the Social Security Administration for verifying social security
numbers in connection with the operation of the Federal Parent
Locator System (FPLS) by the Office of Child Support Enforcement.
32. Information from this system of records may be released to
the Department of the Treasury for purposes of administering the
Earned Income Tax Credit Program (Section 32, Internal Revenue Code
of 1986) and verifying a claim with respect to employment in a tax
return.
Policies and practices for storing, retrieving, accessing,
retaining, and disposing of records in the system:
Storage: Paper documents, microfiche, magnetic media.
Retrievability: VA personnel records are filed by name. Automated
data processing records are indexed by social security number within
station.
Safeguards: Physical Security: Access to Payroll Folder Files is
restricted to fiscal officers and employees of the Payroll Section.
Access to Official Personnel Folder Files is restricted to personnel
officers and employees authorized access under Federal Personnel
Manual and VA Manual, MP-5, Personnel Policy. Personnel and Fiscal
offices are locked after working hours and are protected from outside
access by the Federal Protective Service and other security officers.
Access to data by means of on-line (query) data base or down-loading
with a Decentralizing Hospital Computer Program (DHCP) is restricted
to authorized employees by means of unique user identification and
passwords. User identifications and passwords will be seven (7)
characters in length. These codes are to be mailed in a sealed
envelope to an employee's business address and will be opened only by
the addressed employee. No user identification or password will be
given to an employee except those authorized access under Federal
Personnel Manual and VA Manual, MP-5, Personnel Policy.
Retention and disposal: Payroll Folder File - Retired to the
National Personnel Records Center three years after close of calendar
year following transfer or separation of employee and after audit
clearance of related pay records - disposed of 56 years after date of
last entry on card. Official Personnel Service Folder File - Retired
to the National Personnel Records Center 30 days after separation -
disposed of 75 years after birth of employee.
System manager(s) and address:
Deputy Assistant Secretary for Financial Management (047), DVA
Central Office, Washington, DC 20420.
Notification procedure: Individuals seeking information concerning
the existence of a record pertaining to themselves must submit a
written request to the VA station of employment. Addresses of
stations may be found in VA Appendix 1 at the end of this document.
Inquiries should include the employee's full name, social security
number, office and return address.
Record access procedures: Employees or representatives designated
in writing seeking information regarding access to and contesting of
VA records may write, call or visit the VA office of employment.
Contesting record procedures: (See Record Access Procedures above.)
Record source categories: Personnel records information received
from employees, VA officials, other Government and State Agencies.
28VA119
System name: Personnel Registration under Controlled Substance
Act-VA.
System location: Records are maintained at each of the Veterans
Administration health care facilities. Address locations are listed
in VA Appendix 1 at the end of this document.
Categories of individuals covered by the system: Health
practitioners authorized to prescribe drugs under the Controlled
Substance Act.
Categories of records in the system: Registration Card Record
containing the information necessary for verification of employee
control under the Controlled Substance Act. The employee's name,
social security number, signature and his Drug Enforcement Agency
control number, assigned by either the State or the Veterans
Administration, depending on local policy as required by the Act.
Authority for maintenance of the system: Title 38, United States
Code, Chapter 3, Section 210(c)(1), Pub. L. 91-513, Controlled
Substance Act of 1970.
Routine uses of records maintained in the system, including
categories of users and the purposes of such uses:
1. In the event that a system of records maintained by this
agency to carry out its functions indicates a violation or potential
violation of law, whether civil, criminal or regulatory in nature and
whether arising by general statute or particular program statute, or
by regulation, rule or order issued pursuant thereto, the relevant
records in the system of records may be referred, as a routine use,
to the appropriate agency, whether Federal, State, local or foreign,
charged with the responsibility of investigating or prosecuting such
violation or charged with enforcing or implementing the statute, or
rule, regulation or order issued thereto.
2. A record from this system of records may be disclosed as a
`routine use' to a Federal, State or local agency maintaining civil,
criminal or other relevant information, such as current licenses, if
necessary to obtain information relevant to an agency decision
concerning the hiring or retention of an employee, the issuance of a
security clearance, the letting of a contract, or the issuance of a
license, grant or other health, educational or welfare benefits.
3. A record from this system of records may be disclosed to a
Federal agency, in response to its request, in connection with the
hiring or retention of an employee, the issuance of a security
clearance, the reporting of an investigation of an employee, the
letting of a contract, or the issuance of a license, grant, or other
benefit by the requesting agency, to the extent that the information
is relevant and necessary to the requesting agency's decision on the
matter.
4. Disclosure may be made to a congressional office from the
record of an individual in response to an inquiry from the
congressional office made at the request of that individual.
5. Disclosure may be made to NARA (National Archives and Records
Administration) GSA (General Services Administration) in records
management inspections conducted under authority of 44 U.S.C. 2904
and 2906.
6. Records from this system of records may be disclosed to a
Federal Agency or to a State or local government licensing board and/
or to the Federation of State Medical Boards or a similar
nongovernment entity which maintains records concerning individuals'
employment histories or concerning the issuance, retention or
revocation of licenses, certifications, or registration necessary to
practice an occupation, profession or specialty , in order for the
Agency to obtain information relevant to an Agency decision
concerning the hiring, retention or termination of an employee or to
inform a Federal Agency or licensing boards or the appropriate
nongovernment entities about the health care practices of a
terminated, resigned or retired health care employee whose
professional health care activity so significantly failed to conform
to generally accepted standards of professional medical practice as
to raise reasonable concern for the health and safety of patients in
the private sector or from another Federal Agency. These records may
also be disclosed as part of an ongoing computer matching program to
accomplish these purposes.
7. Identifying information in this system, including name,
address, social security number and other information as is
reasonably necessary to identify such individual, may be disclosed to
the National Practitioner Data Bank at the time of hiring and/or
clinical privileging/reprivileging of health care practitioners, and
other times as deemed necessary by VA, in order for VA to obtain
information relevant to a Department decision concerning the hiring,
privileging/reprivileging, retention or termination of the applicant
or employee.
8. Relevant information from this system of records may be
disclosed to the National Practitioner Data Bank and/or State
Licensing Board in the State(s) in which a practitioner is licensed,
in which the VA facility is located, and/or in which an act or
omission occurred upon which a medical malpractice claim was based
when VA reports information concerning: (1) Any payment for the
benefit of a physician, dentist, or other licensed health care
practitioner which was made as the result of a settlement or judgment
of a claim of medical malpractice if an appropriate determination is
made in accordance with agency policy that payment was related to
substandard care, professional incompetence or professional
misconduct on the part of the individual; (2) a final decision which
relates to possible incompetence or improper professional conduct
that adversely affects the clinical privileges of a physician or
dentist for a period longer than 30 days; or, (3) the acceptance of
the surrender of clinical privileges or any restriction of such
privileges by a physician or dentist either while under investigation
by the health care entity relating to possible incompetence or
improper professional conduct, or in return for not conducting such
an investigation or proceeding. These records may also be disclosed
as part of a computer matching program to accomplish these purposes.
Policies and practices for storing, retrieving, accessing,
retaining, and disposing of records in the system:
Storage: Paper documents.
Retrievability: All registration records under the Controlled
Substance Act are indexed by employee's name, social security number
or Drug Enforcement Agency's Control Number.
Safeguards: Physical Security: Access to VA working space and
medical record storage areas is restricted to VA employees on a `need
to know' basis. Generally, VA file areas are locked after normal duty
hours and are protected from outside access by the Federal Protective
Service. Employee file records and file records of public figures or
otherwise sensitive medical record files are stored in separate
locked files. Strict control measures are enforced to ensure that
disclosure is limited to a `need to know' basis.
Retention and disposal: This record is retained in Pharmacy while
the individual is employed at a Veterans Administration health care
facility. When the employee terminates his position in a particular
VA health care facility his record is combined with his personnel
folder and transferred to the next facility or forwarded to the
Civilian Personnel Records Center, St. Louis, for retention.
System manager(s) and address: Director Pharmacy Service (119), VA
Central Office, Washington, DC 20420.
Notification procedure: Individuals seeking information concerning
the existence and content of a record pertaining to themselves must
submit a written request or apply in person to the VA health care
facility, where record is maintained. All inquiries must reasonably
identify the record involved and the approximate date it was
maintained. Inquiries should include employee's name, social security
number, and Drug Enforcement Agency's Control Number.
Record access procedures: Employees or duly authorized
representatives seeking information regarding access to and
contesting of VA records may write, call, or visit the Veterans
Administration facility where employee's record was maintained.
Contesting record procedures: (See Record Access Procedures above.)
Record source categories: (1) The employee. (2) Drug Enforcement
Agency or VA health care facility.
29VA11
System name: Physician, Dentist and Supervisory Nurse
Professional Standards Board Action File-VA.
System location: Department of Medicine and Surgery (11B), Veterans
Administration Central Office, Washington, DC 20420.
Categories of individuals covered by the system: Physicians,
dentists, supervisory nurses and physician's assistants, appointed
under 38 USC, chapter 73, currently or formerly employed at a VA
health care facility.
Categories of records in the system: Personnel forms and
correspondence pertaining to promotions, reassignments, transfers,
proficiency ratings physical examinations, etc., all of which are
duplicated in the employee's official personnel folder. This system
also contains board action folders for former employees who cannot be
re-employed without approval of the Chief Medical Director.
Authority for maintenance of the system: Title 38, United States
Code, Chapter 73, Section 4108.
Routine uses of records maintained in the system, including
categories of users and the purposes of such uses:
1. In the event that a system of records maintained by this
agency to carry out its functions indicates a violation or potential
violation of law, whether civil, criminal or regulatory in nature,
and whether arising by general statute or particular program statute,
or by regulation, rule or order issued pursuant thereto, the relevant
records in the system of records may be referred, as a routine use,
to the appropriate agency, whether Federal, State, local or foreign,
charged with the responsibility of investigating or prosecuting such
violation or charged with enforcing or implementing the statute, or
rule, regulation or order issued pursuant thereto.
2. A record from this system of records may be disclosed to a
Federal agency, in response to its request, in connection with the
hiring or retention of an employee, the issuance of a security
clearance, the reporting of an investigation of an employee, the
letting of a contract, or the issuance of a license, grant, or other
benefit by the requesting agency, to the extent that the information
is relevant and necessary to the requesting agency's decision on the
matter.
3. A record from this system of records may be disclosed as a
`routine use' to a Federal, State or local agency maintaining civil,
criminal or other relevant information, such as current licenses, if
necessary to obtain information relevant to an agency decision
concerning the hiring or retention of an employee, the issuance of a
security clearance, the letting of a contract, or the issuance of a
license, grant or other health, educational or welfare benefits.
4. All of the information contained in this system of records is
used for official purposes of the Veterans Administration; all such
uses of the information are compatible with the purpose for which the
information was collected.
5. Disclosure may be made to a congressional office from the
record of an individual in response to an inquiry from the
congressional office made at the request of that individual.
6. Disclosure may be made to NARA (National Archives and Records
Administration) GSA (General Services Administration) in records
management inspections conducted under authority of 44 U.S.C. 2904
and 2906.
7. Records from this system of records may be disclosed to a
Federal Agency or to a State or local government licensing board and/
or to the Federation of State Medical Boards or a similar
nongovernment entity which maintains records concerning individuals'
employment histories or concerning the issuance, retention or
revocation of licenses, certifications, or registration necessary to
practice an occupation, profession or specialty, in order for the
Agency to obtain information relevant to an Agency decision
concerning the hiring, retention or termination of an employee or to
inform a Federal Agency or licensing boards or the appropriate
nongovernment entities about the health care practices of a
terminated, resigned or retired health care employee whose
professional health care activity so significantly failed to conform
to generally accepted standards of professional medical practice as
to raise reasonable concern for the health and safety of patients in
the private sector or from another Federal Agency. These records may
also be disclosed as part of an ongoing computer matching program to
accomplish these purposes.
9. Relevant information from this system of records may be
disclosed to the National Practitioner Data Bank and/or State
Licensing Board in the State(s) in which a practitioner is licensed,
in which the VA facility is located, and/or in which an act or
omission occurred upon which a medical malpractice claim was based
when VA reports information concerning: (1) Any payment for the
benefit of a physician, dentist, or other licensed health care
practitioner which was made as the result of a settlement or judgment
of a claim of medical malpractice if an appropriate determination is
made in accordance with agency policy that payment was related to
substandard care, professional incompetence or professional
misconduct on the part of the individual; (2) a final decision which
relates to possible incompetence or improper professional conduct
that adversely affects the clinical privileges of a physician or
dentist for a period longer than 30 days; or, (3) the acceptance of
the surrender of clinical privileges or any restriction of such
privileges by a physician or dentist either while under investigation
by the health care entity relating to possible incompetence or
improper professional conduct, or in return for not conducting such
an investigation or proceeding. These records may also be disclosed
as part of a computer matching program to accomplish these purposes.
9. Relevant information from this system of records may be
disclosed to the National Practitioner Data Bank or to a State or
local government licensing board which maintains records concerning
the issuance, retention or revocation of licenses, certifications, or
registrations necessary to practice an occupation, profession or
specialty when under the following circumstances, through a peer
review process that is undertaken pursuant to VA policy, negligence,
professional incompetence, responsibility for improper care, and/or
professional misconduct has been assigned to a physician or licensed
or certified health care practitioner: (1) On any payment in
settlement (or partial settlement) of, or in satisfaction of a
judgment in, a medical malpractice action or claim; or, (2) on any
final decision that adversely affects the clinical privileges of a
physician or practitioner for a period of more than 30 days. These
records may also be disclosed as part of a computer matching program
to accomplish these purposes.
Policies and practices for storing, retrieving, accessing,
retaining, and disposing of records in the system:
Storage: Paper documents.
Retrievability: Alphabetically by name.
Safeguards: Physical Security: Access to VA working space and
medical record storage areas is restricted to VA employees on a `need
to know' basis. Generally, VA file areas are locked after normal duty
hours and are protected from outside access by the Federal Protective
Service. Employee file records and file records of public figures or
otherwise sensitive medical record files are stored in separate
locked files. Strict control measures are enforced to ensure that
disclosure is limited to a `need to know' basis.
Retention and disposal: Disposed of three years after date of last
service with the VA. Board action folders of former employees who
cannot be re-employed without approval of the Chief Medical Director
are reviewed periodically. Those folders no longer requiring approval
of the Chief Medical Director are interfiled with the regular board
actions folders. Destruction of records accomplished by either
shredding or burning.
System manager(s) and address: Chairman Special Boards, Department
of Medicine and Surgery (11B), Veterans Administration Central
Office, Washington, DC 20420.
Notification procedure: Physicians, dentists and supervisory nurses
seeking information concerning the existence and content of a board
action folder pertaining to themselves must submit a written request
or apply in person to the system manager.
Record access procedures: Physicians, dentists and supervisory
nurses seeking information regarding access to and contesting of VA
Board Action Folders may write, call or visit the system manager.
Contesting record procedures: (See Record Access Procedures above.)
Record source categories: VA health care facilities official
personnel folders.
32VA00
System name: Veteran, Employee and Citizen Health Care Facility
Investigation Records-VA.
System location: Records are maintained at each of the VA health
care facilities. Address locations are listed in VA Appendix 1 at the
end of this document.
Categories of individuals covered by the system: 1. Veterans,
employees and private citizens who have been injured as a result of
accident or assault. 2. Veterans who have died as a result of
violence or accident, such as, suicide, homicide, reaction to
anesthesia or drugs, assault, transfusion accident, blood
incompatibility, error in treatment, neglect of patient, fire,
firearms, explosion, etc. 3. Employees and private citizens who have
died as a result of violence or accident. 4. Veterans who have left
the health care facility without authorization. 5. Veterans,
employees and private citizens who have alleged the loss of personal
property, funds or valuables. 6. Veterans and private citizens who
have alleged abuse by members of the health care facility staff. 7.
Employees who have alleged discrimination, abuse or threats of
violence by other employees, veterans and private citizens. 8.
Veterans, employees and visitors who have assaulted other
individuals. 9. Veterans, employees or private citizens who have been
involved in the sale of illegal drugs or alcohol within the health
care facility. 10. Veterans, employees and private citizens who have
been accused of stealing from other individuals or from the VA health
care facility. 11. Employees who have been accused of improper and
unethical conduct. 12. Veterans, employees and private citizens who
have willfully or accidentally destroyed or damaged Federal property.
Categories of records in the system: Copies of reports of
investigations, findings, and follow-up concerning employees,
patients and private citizens, injuries, property damage, accidents,
thefts, assaults, discrimination, complaints, elopments, unethical
conduct, etc.
Authority for maintenance of the system: Title 38, United States
Code, Chapter 3, Section 210(c)(1), and Title 38, United States Code,
Chapter 57, Section 3311.
Routine uses of records maintained in the system, including
categories of users and the purposes of such uses:
1. Transfer of required information to private insurance
companies to determine whether payments of benefits are appropriate
and determine liability.
2. Transfer of required information to local and State
unemployment agencies to determine whether payments of benefits are
appropriate.
3. Transfer of required information to the Office of Workers
Compensation Program to determine whether payments of benefits are
appropriate.
4. Transfer of required information to attorneys representing
employees, veterans or private citizens accused of unethical conduct
to assist attorneys in representing their clients.
5. In the event that a system of records maintained by this
agency to carry out its functions indicates a violation or potential
violation of law, whether civil, criminal or regulatory in nature,
and whether arising by general statute or particular program statute,
or by regulation, rule or order issued pursuant thereto, the relevant
records in the system of records may be referred, as a routine use,
to the appropriate agency, whether Federal, State, local or foreign,
charged with the responsibility of investigating or prosecuting such
violation or charged with enforcing or implementing the statute, or
rule, regulation or order issued pursuant thereto.
6. A record from this system of records may be disclosed to a
Federal agency, in response to its request, in connection with the
hiring or retention of an employee, the issuance of a security
clearance, the reporting of an investigation of an employee, the
letting of a contract, or the issuance of a license, grant, or other
benefit by the requesting agency, to the extent that the information
is relevant and necessary to the requesting agency's decision on the
matter.
7. A record from this system of records may be disclosed as a
`routine use' to a Federal, State or local agency maintaining civil,
criminal or other relevant information, such as current licenses, if
necessary to obtain information relevant to an agency decision
concerning the hiring or retention of an employee, the issuance of a
security clearance, the letting of a contract, or the issuance of a
license, grant or other health, educational or welfare benefit.
8. Relevant information from this system of records, including
the nature and amount of a financial obligation, may be disclosed as
a routine use, in order to assist the Veterans Administration in the
collection of unpaid financial obligations owed the VA, to a debtor's
employing agency or commanding officer so that the debtor-employee
may be counseled by his or her Federal employer or commanding
officer. This purpose is consistent with 5 U.S.C. 55l4, 4 CFR 102.5,
and section 206 of Executive Order 11222 of May 8, 1965 (30 FR 6469).
9. Disclosure may be made to a congressional office from the
record of an individual in response to an inquiry from the
congressional office made at the request of that individual.
10. Disclosure may be made to NARA (National Archives and Records
Administration) GSA (General Services Administration) in records
management inspections conducted under authority of 44 U.S.C. 2904
and 2906.
11. Records from this system of records may be disclosed to a
Federal Agency or to a State or local government licensing board and/
or to the Federation of State Medical Boards or a similar
nongovernment entity which maintains records concerning individuals'
employment histories or concerning the issuance, retention or
revocation of licenses, certifications, or registration necessary to
practice an occupation, profession or specialty , in order for the
Agency to obtain information relevant to an Agency decision
concerning the hiring, retention or termination of an employee or to
inform a Federal Agency or licensing boards or the appropriate
nongovernment entities about the health care practices of a
terminated, resigned or retired health care employee whose
professional health care activity so significantly failed to conform
to generally accepted standards of professional medical practice as
to raise reasonable concern for the health and safety of patients in
the private sector or from another Federal Agency. These records may
also be disclosed as part of an ongoing computer matching program to
accomplish these purposes.
12. Identifying information in this system, including name,
address, social security number and other information as is
reasonably necessary to identify such individual, may be disclosed to
the National Practitioner Data Bank at the time of hiring and/or
clinical privileging/reprivileging of health care practitioners, and
other times as deemed necessary by VA, in order for VA to obtain
information relevant to a Department decision concerning the hiring,
privileging/reprivileging, retention or termination of the applicant
or employee.
13. Relevant information from this system of records may be
disclosed to the National Practitioner Data Bank and/or State
Licensing Board in the State(s) in which a practitioner is licensed,
in which the VA facility is located, and/or in which an act or
omission occurred upon which a medical malpractice claim was based
when VA reports information concerning: (1) Any payment for the
benefit of a physician, dentist, or other licensed health care
practitioner which was made as the result of a settlement or judgment
of a claim of medical malpractice if an appropriate determination is
made in accordance with agency policy that payment was related to
substandard care, professional incompetence or professional
misconduct on the part of the individual; (2) a final decision which
relates to possible incompetence or improper professional conduct
that adversely affects the clinical privileges of a physician or
dentist for a period longer than 30 days; or, (3) the acceptance of
the surrender of clinical privileges or any restriction of such
privileges by a physician or dentist either while under investigation
by the health care entity relating to possible incompetence or
improper professional conduct, or in return for not conducting such
an investigation or proceeding. These records may also be disclosed
as part of a computer matching program to accomplish these purposes.
Policies and practices for storing, retrieving, accessing,
retaining, and disposing of records in the system:
Storage: Paper documents and Photographs.
Retrievability: Alphabetically by name.
Safeguards: Physical Security: Access to VA working space and
medical record storage areas are restricted to VA employees on a
`need to know' basis. Generally, VA file areas are locked after
normal duty hours and are protected from outside access by the
Federal Protective Service. Employee file records and file records of
public figures or otherwise sensitive medical record files are stored
in separate locked files. Strict control measures are enforced to
ensure that disclosure is limited to a `need to know' basis.
Retention and disposal: Disposed of two years after case is closed.
System manager(s) and address: Medical Inspector, Office of the
Medical Inspector (10A6), VA Central Office, Washington, DC 20420.
Notification procedure: Individuals seeking information concerning
the existence and content of a record pertaining to themselves must
submit a written request or apply in person to the appropriate VA
health care facility. All inquiries must reasonably identify the
incident involved and date of the incident. Inquiries should include
the individual's full name and return address.
Record access procedures: Veterans, employees and private citizens
or duly authorized representatives seeking information regarding
access to and contesting of VA records may write, call or visit the
appropriate VA health care facility.
Contesting record procedures: (See Record Access Procedures above.)
Record source categories: 1. Veterans. 2. Employees of a VA health
care facility. 3. Other VA health care facilities, private physicians
and dentists, or private hospitals and clinics. 4. Private citizens
involved in the incident. 5. Federal, State, local and foreign law
enforcement agencies. 6. Private insurance companies.
33VA112
System name: Veteran, Fabricator and Employee Prosthetic
Records-VA.
System location: Records are maintained at the Veterans
Administration Data Processing Center at Austin, Texas and at the
Veterans Administration Marketing Center at Hines, Illinois. Address
locations are listed in VA Appendix 1 at the end of this document.
Categories of individuals covered by the system: Qualified
individual fabricators of prosthetic and orthotic appliances;
employees of the Veterans Administration Prosthetics Center, New
York, NY; veterans wearing certain prostheses.
Categories of records in the system: Identification number,
employer, certification and qualification, and education of
fabricator; identification information, prosthetic shop
identification, and hourly pay rate for Prosthetic Center employees;
age, period of military service, eligibility rating, station of
jurisdiction, disability and type of appliance issues, and
identification information for veterans included in system.
Authority for maintenance of the system: Title 38, United States
Code, Chapter 3, Subchapter II, Section 219.
Routine uses of records maintained in the system, including
categories of users and the purposes of such uses:
1. In the event that a system of records maintained by this
agency to carry out its functions indicates a violation or potential
violation of law, whether civil, criminal or regulatory in nature,
and whether arising by general statute or particular program statute,
or by regulation, rule or order issued pursuant thereto, the relevant
records in the system of records may be referred, as a routine use,
to the appropriate agency, whether Federal, State, local or foreign,
charged with the responsibility of investigating or prosecuting such
violation or charged with enforcing or implementing the statute, or
rule regulation or order issued pursuant thereto.
2. To furnish statistical information to other health care
providers, both Federal and non-federal to aid in furthering the
improvement of health care, research and education.
3. To provide statistical and other information in response to
legitimate and reasonable requests as approved by appropriate VA
authorities, such as the release of information under the Freedom of
Information Act.
4. Disclosure may be made to a congressional office from the
record of an individual in response to an inquiry from the
congressional office made at the request of that individual.
5. Disclosure may be made to NARA (National Archives and Records
Administration) GSA (General Services Administration) in records
management inspections conducted under authority of 44 U.S.C. 2904
and 2906.
Policies and practices for storing, retrieving, accessing,
retaining, and disposing of records in the system:
Storage: Magnetic tape and disk.
Retrievability: Indexed by name and social security number for
fabricator; by employee identification number for VA Prosthetics
Center employees; and by social security number and claim number for
veterans included in system.
Safeguards: Physical Security: Access to VA working and storage
areas is restricted to VA employees on a ``need to know'' basis.
Generally, VA file areas are locked after normal duty hours and are
protected from outside access by the Federal Protective Service.
Strict control measures are enforced to ensure that disclosure is
limited to a ``need to know'' basis.
Retention and disposal: Records are retained until special release
by the VA Prosthetics Center, New York, NY.
System manager(s) and address: Deputy Director (Prosthetics
Division) Surgical Service (112), Veterans Administration Central
Office, Washington, DC 20420.
Notification procedure: Individuals seeking information concerning
the existence and content of a record pertaining to themselves must
submit a written request or apply in person to a VA health care
facility where care was rendered. All inquiries must reasonably
identify the system of records involved and the approximate date that
medical care was provided. Inquiries should include the individual's
full name, and identifying characteristics.
Record access procedures: Individuals seeking information regarding
access to and contesting of a Veteran, Fabricator and Employee
Prosthetic Records-VA record may write, call or visit the VA facility
where medical care was provided.
Contesting record procedures: (See Record Access Procedures above.)
Record source categories: The Research Center for Prosthetics,
individual fabricators and employees, VA Prosthetics Center
personnel, and veterans' records.
34VA11
System name: Veteran, Patient, Employee, and Volunteer Research
and Development Project Records--VA.
System location:
Records are maintained at each VA health care facility where the
research project was conducted and at VA Central Office. Address
locations are listed in VA Appendix 1 at the end of this document. In
addition, records are maintained at contractor and field work sites
as studies are developed, data collected and reports written. A list
of locations where individually identifiable data are currently
located is available from the System Manager.
Categories of individuals covered by the system:
The following categories of individuals will be covered by this
system: (1) Veterans; (2) patients; (3) employees, or, (4) volunteers
who have indicated their willingness to be a participant in medical
research projects being performed by the VA, by a VA contractor or by
another Federal agency in conjunction with the VA; and (5) research
and development investigators.
Categories of records in the system:
Records, or information contained in records, vary according to
the specific medical research involved and may include: (1) Research
on biomedical, prosthetic and health care services; (2) research
stressing spinal cord injuries and diseases and other disabilities
that tend to result in paralysis of the lower extremities; and (3)
morbidity and mortality studies on former prisoners of war. Central
Office records contain (4) a merit review of the project; (5) a
review and evaluation of the research and development investigators
and of the participants in the program. The review and evaluation
information concerning the research and development investigators may
include personal and educational background information as well as
specific information concerning the type of research conducted.
Authority for maintenance of the system:
Title 38, United States Code, Chapter 73, Section 4101(a).
Routine uses of records maintained in the system, including
categories of users and the purposes of such uses:
1. Transfer of statistical and other data to Federal, State, and
local government agencies and national health organizations to assist
in the development of programs
2. In the event that a system of records maintained by this
agency to carry out its functions indicates a violation or potential
violation of law, whether civil, criminal or regulatory in nature,
and whether arising by general statute or particular program statute,
or by regulation, rule or order issued pursuant thereto, the relevant
records in the system of records may be referred, as a routine use,
to the appropriate agency, whether Federal, State, local or foreign,
charged with the responsibility of investigating or prosecuting such
violation or charged with enforcing or implementing the statute or
rule, regulation or order issued pursuant thereto.
3. Disclosure may be made to a congressional office from the
record of an individual in response to an inquiry from the
congressional office made at the request of that individual.
4. Disclosure may be made to NARA (National Archives and Records
Administration) GSA (General Services Administration) in records
management inspections conducted under authority of 44 U.S.C. 2904
and 2906.
5. Disclosure of medical record data, excluding name and address
(unless name and address is furnished by the requester) for research
purposes determined to be necessary and proper, to epidemiological
and other research facilities approved by the Chief Medical Director.
6. In order to conduct Federal research necessary to accomplish a
statutory purpose of an agency, at the written request of the head of
the agency, or designee of the head of that agency, the name(s) and
address(es) of present or former personnel of the Armed Services and/
or their dependents may be disclosed (a) to a Federal department or
agency or (b) directly to a contractor of a Federal department or
agency. When a disclosure of this information is to be made directly
to the contractor, the VA may impose applicable conditions on the
department, agency and/or contractor to insure the appropriateness of
the disclosure to the contractor.
7. Upon request for research project data, the following
information will be released to the general public including
governmental and non-governmental agencies and commercial
organizations: Project title and number, name and educational degree
of principal investigator, Veterans Administration medical center
location, type (initial, progress, or final) and date of last report,
name and educational degree of associate investigators and project
summary. In addition, upon specific request, keywords and indexing
codes will be included for each project.
8. Upon request for information regarding VA employees conducting
research, the following information will be released to the general
public including governmental agencies and commercial organizations:
Name and educational degree of investigator, Veterans Administration
title, academic affiliation and title, hospital service, primary and
secondary specialty areas and subspecialty.
9. Records from this system of records may be disclosed to a
Federal Agency or to a State or local government licensing board and/
or to the Federation of State Medical Boards or a similar
nongovernment entity which maintains records concerning individuals'
employment histories or concerning the issuance, retention or
revocation of licenses, certifications, or registration necessary to
practice an occupation, profession or specialty , in order for the
Agency to obtain information relevant to an Agency decision
concerning the hiring, retention or termination of an employee or to
inform a Federal Agency or licensing boards or the appropriate
nongovernment entities about the health care practices of a
terminated, resigned or retired health care employee whose
professional health care activity so significantly failed to conform
to generally accepted standards of professional medical practice as
to raise reasonable concern for the health and safety of patients in
the private sector or from another Federal Agency. These records may
also be disclosed as part of an ongoing computer matching program to
accomplish these purposes.
10. Identifying information in this system, including name,
address, social security number and other information as is
reasonably necessary to identify such individual, may be disclosed to
the National Practitioner Data Bank at the time of hiring and/or
clinical privileging/reprivileging of health care practitioners, and
other times as deemed necessary by VA, in order for VA to obtain
information relevant to a Department decision concerning the hiring,
privileging/reprivileging, retention or termination of the applicant
or employee.
11. Relevant information from this system of records may be
disclosed to the National Practitioner Data Bank and/or State
Licensing Board in the State(s) in which a practitioner is licensed,
in which the VA facility is located, and/or in which an act or
omission occurred upon which a medical malpractice claim was based
when VA reports information concerning: (1) Any payment for the
benefit of a physician, dentist, or other licensed health care
practitioner which was made as the result of a settlement or judgment
of a claim of medical malpractice of an appropriate determination is
made in accordance with agency policy that payment was related to
substandard care, professional incompetence or professional
misconduct on the part of the individual; (2) a final decision which
relates to possible incompetence or improper professional conduct
that adversely affects the clinical privileges of a physician or
dentist for a period longer than 30 days; or, (3) the acceptance of
the surrender of clinical privileges or any restriction of such
privileges by a physician or dentist either while under investigation
by the health care entity relating to possible incompetence or
improper professional conduct, or in return for not conducting such
an investigation or proceeding. These records may also be disclosed
as part of a computer matching program to accomplish these purposes.
12. Information concerning individuals who have submitted
research program proposals for funding, including the investigator's
name, social security number, research qualifications and the
investigator's research proposal, may be disclosed to qualified
reviewers for their opinion and evaluation of the applicants and
their proposals as part of the application review process.
Policies and practices for storing, retrieving, accessing,
retaining, and disposing of records in the system:
Storage: (a) Paper documents. (b) Microscope slides. (c) Magnetic
tape, disk. (d) Photographs. (e) Microfilm.
Retrievability:
Records are retrieved by individual identifiers and indexed by a
specific project site or location, project number, or under the name
of the research or development investigator.
Safeguards:
Physical Security: Access to VA working space and medical record
storage areas is restricted to VA employees on a ``need to know''
basis. Generally, VA file areas arelocked after normal duty hours and
protected from outside access by the Federal Protective Service.
Employee file records and file records of public figures or otherwise
sensitive medical record files are stored in separate locked files.
Strict control measures are enforced to ensure that disclosure is
limited to a ``need to know'' basis. Access to a contractor's records
and their system of computers used with the particular project are
available to authorized personnel only. Records on investigators
stored on automated storage media are accessible by authorized VACO
personnel via terminals which are dedicated to this research and
development information system.
Retention and disposal:
The project records are held five (5) years after completion of
the research project and/or publication of a final report unless they
become part of the patient's individual medical history file in which
case the record would remain 15 years after the last activity of
care. At the end of a study, records maintained by a contractor are
returned to the VA for appropriate disposition.
System manager(s) and address: Assistant Chief Medical Director for
Research and Development (15), VA Central Office, Washington, DC
20420.
Notification procedure: 1. Interested persons should write to:
Assistant Chief Medical Director for Research and Development (15),
Veterans Administration Central Office, Washington, DC 20420. 2. All
inquiries must reasonably identify the project and site location;
date of project and team leader.
Record access procedures: Interested persons desiring access to and
contesting of research records should write to the address in
Notification Procedure above.
Contesting record procedures: See Notification Procedure above.
Record source categories:
(a) Patients and patient records, (b) employees and volunteers,
(c) other Federal agencies, (d) National Institutes of Health, (e)
Centers for Disease Control (Atlanta), (f) individual veterans, (g)
other VA systems of records and, (h) research and development
investigators.
36VA00
System name: Veterans and Armed Forces Personnel United States
Government Life Insurance Records-VA.
System location:
Active records are located at the VA Regional Office and
Insurance Centers in Philadelphia, Pennsylvania, and St. Paul,
Minnesota. Inactive records are stored at various servicing Federal
Archives and Records Centers and at the VA Records Processing Center
in St. Louis, Missouri. Information from these files is also
maintained in automated files at the VA Benefit Delivery Center in
Philadelphia, Pennsylvania. Information from the automated files in
Philadelphia is available to all VA Regional Offices, except Manila,
Philippines, through the ITS (Insurance Terminal System) which
provides direct access to the records via video display terminals.
Duplicate copies of certain manual and automated files are maintained
at other locations in accordance with Federal and VA policy on
security and vital records. Address locations of VA facilities are
listed in VA Appendix 1 at the end of this document.
Categories of individuals covered by the system:
Veterans (not including dependents) who have been issued life
insurance under one of the following: Title 38, United States Code,
Chapter 19, Government Life Insurance programs; U.S. Government Life
Insurance and National Service Life Insurance (includes Reopened
Insurance under section 725, Service Disabled Veterans Insurance
under section 722, and Veterans Special Life Insurance under section
723).
Categories of records in the system:
Life insurance records (or information contained in records) may
include: (1) Applications for insurance (applications may contain the
name and address of the veteran applicant, date of birth, social
security number, military service number and dates of service, VA
file number, plan of insurance, disability rating, medical
information regarding disability, method of payment, amount of
insurance requested); (2) beneficiary and option designation
information (e.g., names and addresses of principal and contingent
beneficiaries, share to each and option of payment, designated
estates and trustee); (3) insurance contract information (e.g.,
authorization of allotment payment, authorization for deduction from
VA benefit payments; authorization for deduction from employee
payroll; paid dividend information); (4) cash value and policy loan
and lien information; (5) a listing of lapsed actions; (6) records of
premium payments; (7) reinstatement information; (8) premium status
and retired status of policy; (9) total disability life insurance
applications (these applications include medical history of insured);
(10) court-martial orders; (11) copies of personal papers of insured
(e.g., birth certificate, marriage license, naturalization papers);
(12) correspondence to and from the veteran; and (13) employment
information.
Authority for maintenance of the system:
Title 38, United States Code, Chapter 5, section 501, and Chapter
19.
Routine uses of records maintained in the system, including
categories of users and the purposes of such uses:
1. The record of an individual who is covered by this system may
be disclosed to a member of Congress or staff person acting for the
member when the member or staff person requests the record on behalf
of and at the request of that individual.
2. Any information in this system may be disclosed to a Federal
agency, upon its official request, to the extent that it is relevant
and necessary to that agency's decision regarding: The hiring,
retention or transfer of an employee; the issuance of a security
clearance, the letting of a contract, or the issuance or continuance
of a license, grant or other benefit given by that agency. However,
in accordance with an agreement with the U.S. Postal Service,
disclosures to the U.S. Postal Service for decisions concerning the
employment of veterans will only be made with the veteran's prior
written consent.
3. Any information in this system may be disclosed to a State or
local agency, upon its official request, to the extent that it is
relevant and necessary to that agency's decision on: The hiring,
transfer or retention of an employee, the issuance of a security
clearance, the letting of a contract, or the issuance or continuance
of a license, grant or other benefit by that agency; provided, that
if the information pertains to a veteran, the name and/or address of
the veteran will not be disclosed unless the name and address is
provided first by the requesting State or local agency.
4. Any information in this system may be disclosed to a Federal,
State or local agency maintaining civil or criminal violation
records, or other pertinent information such as prior employment
history, prior Federal employment background investigations, and
personal or educational background at the request of the veteran in
order for the VA to obtain information relevant to the hiring,
transfer or retention of an employee, the letting of a contract, the
granting of a security clearance, or the issuance of a grant or other
benefit.
5. Any information in this system may be disclosed to a Federal
agency, except for the name and address of a veteran, in order for
the VA to obtain information relevant to the issuance of a benefit
under title 38 U.S.C. The name and address of a veteran may be
disclosed to a Federal agency under this routine use if they are
required by the Federal agency to respond to the VA inquiry.
6. Any information in this system, except for the name and
address of a veteran, which is relevant to a suspected violation or
reasonably imminent violation of law, whether civil, criminal or
regulatory in nature and whether arising by general or program
statute or by regulation, rule or order issued pursuant thereto, may
be disclosed to a Federal, State, local or foreign agency charged
with the responsibility of investigating or prosecuting such
violation, or charged with enforcing or implementing the statute,
rule, regulation or order issued pursuant thereto.
7. The name and address of a veteran, which is relevant to a
suspected violation or reasonably imminent violation of law, whether
civil, criminal or regulatory in nature and whether arising by
general or program statute or by regulation, rule or order issued
pursuant thereto, may be disclosed to a Federal agency charged with
the responsibility of investigating or prosecuting such violation, or
charged with enforcing or implementing the statute, regulation, rule
or order issued pursuant thereto, in response to its official
request.
8. The name and address of a veteran, which is relevant to a
suspected violation or reasonably imminent violation of law
concerning public health or safety, whether civil, criminal or
regulatory in nature and whether arising by general or program
statute or by regulation, rule or other 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.
9. Except for beneficiary and option designations, any
information in this system including the name and address of a
veteran may be disclosed to any nonprofit organization if the release
is directly connected with the conduct of programs and the
utilization of benefits under title 38 (such disclosures include
computerized lists of names and addresses).
10. Except for medical information and beneficiary and option
designations, insurance contract information (e.g., name, address,
status of the account, dividends paid, cash value, and policy loans)
may be disclosed at the request of a veteran to an attorney acting
under a declaration of representation, a VA-approved claims agent, an
insurance agency, a trust officer, or to employees or members of an
accredited service organization, or the to Red Cross so that these
individuals or organizations can aid veterans in the preparation,
presentation, prosecution of claims under the laws administered by
the VA. The name and address of a veteran will not, however, be
disclosed to these individuals under this routine use if the veteran
has requested the assistance of an accredited service organization,
claims agent, trust officer, the Red Cross or an attorney.
11. The name and address of an insured veteran and the amount of
payment may be disclosed to the Treasury Department, upon its
official request, in order for the Treasury Department to make
payment of dividends, policy loans, cash surrenders, maturing
endowments and insurance refunds.
12. The name and address of an insured veteran, date and amount
of payments made to the 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, United States Code, section 7602.
13. Any information in this system may be disclosed to the
Department of Justice, upon its official request, in defense or
prosecution of litigation involving the United States Government.
14. The name and address of an insured veteran, the discharge
date from the military, and medical information concerning grounds
for total disability of an insured veteran may be disclosed to the
Office of Serviceman's Group Life Insurance (OSGLI) at the request of
the veteran in order to aid OSGLI in the verification of a discharge
date, the issuance and maintenance of insurance policies to veterans
and retired reservists participating in the Veterans Group Life
Insurance and Serviceman's Group Life Insurance Program and to pay
death benefits on these claims.
15. 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 Department of Transportation (Coast Guard); the U.S. Public
Health Service, Commissioned Officers Corps; and the Department of
Commerce, NOAA (National Oceanic and Atmospheric Administration);
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.
16. 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 may be disclosed at the request of
the veteran to a Federal, State or local agency, in order for these
agencies to assist veterans applying for Medicaid, Medicare, nursing
home admittance or welfare benefits to the extent that the
information is relevant and necessary to the agency's decision
regarding these benefits.
17. The name and address of a veteran 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.
18. The name(s) and address(es) of a veteran may be disclosed to
another Federal agency or to a contractor of that agency, at the
written request of the head of that agency or designee of the head of
that agency for the purpose of conducting government research
necessary to accomplish a statutory purpose of that agency.
19. Any information in this system including the nature and
amount of a financial obligation, may be disclosed to a debtor's
employing agency or commanding officer, upon its official request, in
order to assist the VA in the collection of unpaid financial
obligations owed the VA so that the debtor-employee may be counseled
by his or her Federal employer or commanding officer. This purpose is
consistent with 5 U.S.C. 5514, 4 CFR 102.5, and section 206 of
Executive Order 11222 of May 8, 1965 (30 FR 6469).
20. Any information in this system, including available
identifying data regarding the debtor, such as the name of the
debtor, last known address of the debtor, name of the debtor's
spouse, social security account number of the debtor, VA insurance
number, VA loan number, VA file number, place of birth and date of
birth of the debtor, name and address of the debtor's employer or
firm and dates of employment, may be disclosed to other Federal
agencies, State probate courts, State drivers license bureaus, and
State automobile title and license bureaus in order to obtain current
address, locator and credit report assistance in the collection of
unpaid financial obligations owed the United States. This purpose is
consistent with the Federal Claims Collection Act of 1966 (Pub. L.
89-508, 31 United States Codes 3701-3718) and 4 CFR parts 101-105 and
with 38 U.S.C. 3701(b)(6).
21. Any information concerning the veteran's indebtedness to the
United States by virtue of a person's participation in a benefits
program administered by the VA, including personal information
obtained from other Federal agencies through computer matching
programs, may be disclosed to any third party, except consumer
reporting agencies, in connection with any proceeding for the
collection of an amount owed to the United States by virtue of a
person's participation in any benefit program administered by the VA.
Purposes of these disclosures may be to (a) assist VA in collection
of title 38 benefit overpayments, overdue indebtedness, and or costs
of services provided individuals not entitled to such services, and
(b) initiate legal actions for prosecuting individuals who willfully
or fraudulently obtain title 38 benefits without entitlement. This
disclosure is consistent with 38 U.S.C. 3701(b)(6).
22. The name and address of a veteran, other information as is
reasonably necessary to identify such veteran, including personal
information obtained from other Federal agencies through computer
matching programs, and any information concerning the veteran's
indebtedness to the United States by virtue of the person's
participation in a benefits program administered by VA may be
disclosed to a consumer reporting agency for purposes of assisting in
the collection of such indebtedness, provided that the provisions of
38 U.S.C. 3701(g)(4) have been met.
23. 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 Federal fiduciaries of incompetent
veterans in order to advise the fiduciaries 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.
24. Any information in this system may be disclosed to a Federal
grand jury, a Federal court or a party in litigation, or a Federal
agency or party to an administrative proceeding being conducted by a
Federal agency, in order for the VA to respond to and comply with the
issuance of a Federal subpoena.
25. Any information in this system may be disclosed to a State or
municipal grand jury, a State or municipal court or a party in
litigation, or to a State or municipal administrative agency
functioning in a quasi-judicial capacity or a party to a proceeding
being conducted by such agency, in order for the VA to respond to and
comply with the issuance of a State or municipal subpoena; provided,
that any disclosure of claimant information made under this routine
use must comply with the provisions of 38 CFR 1.511.
26. Identifying information, except for the name and address of a
veteran, may be disclosed to a Federal, State, County or Municipal
agency for the purpose of conducting computer matches to obtain
information to validate the entitlement of a veteran who is receiving
or has received veterans insurance benefits under Title 38, United
States Code. The name and address of a veteran may also be disclosed
to a Federal agency under this routine use if they are required by
the Federal agency to respond to the VA inquiry.
Policies and practices for storing, retrieving, accessing,
retaining, and disposing of records in the system:
Storage:
Records are stored on magnetic tape, microfilm, microfiche,
disks, and paper documents including computer lists and punched
cards.
Retrievability:
All manual and automated insurance records are retrievable by the
insurance file number, using name, social security number, VA file
number, and date of birth as additional identifying information.
Safeguards:
1. Physical security. a. All VA facilities are protected by the
Federal Protective Service or other security personnel. All file
areas are restricted to authorized personnel on a need-to-know basis.
Areas containing paper records are protected by a sprinkler system.
Paper records pertaining to employees and public figures, or
otherwise sensitive files, are stored in locked files. Microfilm
records are stored in a locked, fireproof, humidity-controlled vault.
Automated records which are not in use at the Benefit Delivery Center
are stored in secured, locked vault areas.
b. Access to VA Benefits Delivery Center is restricted to Center
employees, custodial personnel, and Federal Protective Service or
other security personnel. Access to computer rooms is restricted to
authorized operational personnel through electronic locking devices.
All other persons gaining access to computer rooms are escorted by an
individual with authorized access.
c. At Regional Offices and at Regional Office and Insurance
Centers, the video display terminals are protected by password
access. Electronic keyboard locks are activated on security errors. A
security officer at each facility is assigned responsibility for
privacy-security measures, including review of violations logs and
local control and distribution of passwords.
2. System Security. a. At the Benefits Delivery Center,
identification of magnetic tapes and disks containing data is rigidly
enforced using manual and automated labeling techniques. Access to
computer programs is controlled at three levels: Programming,
auditing, and operations.
b. The ITS (Insurance Terminal System) uses the VA data
telecommunications terminal system known as the Benefits Delivery
Network (BDN) which provides computerized access control for security
purposes. This system provides automated recognition of authorized
users and their respective access levels and restrictions through
passwords. Passwords are changed periodically and are restricted to
authorized individuals on a need-to-know basis for system access or
security purposes.
Retention and disposal:
Records are retained and disposed of in accordance with
disposition authorization approved by the Archivist of the United
States. The primary record, the insurance folder, is retained at the
VA Regional Office and Insurance Center until it has been inactive
for 36 months; at which time it is retired to a servicing Federal
Archives and Records Center for 50 years retention and destroyed.
System manager(s) and address:
Director (00), VA Regional Office and Insurance Center, 5000
Wissahickon Avenue, Philadelphia, Pennsylvania 19101.
Notification procedure:
Any individual who wishes to determine whether a record is being
maintained in this system under his or her name or other personal
identifier, or who has a routine inquiry concerning the status of his
or her insurance under this system may contact the nearest VA
Regional Office. Requests concerning the specific content of a record
must be in writing or in person to the VA Regional Office and
Insurance Center at Philadelphia, Pennsylvania, or St. Paul,
Minnesota, where the insurance folder is maintained. The inquirer
should provide full name of the veteran, insurance file number, and
date of birth. If insurance file number is not available, the social
security number, service number, VA claim number, and/or location of
insurance records. Address locations of VA facilities are listed in
VA Appendix 1 at the end of this document.
Record access procedures:
Individuals desiring access to, and contesting of, VA records
should write to the VA Regional Office and Insurance Center at
Philadelphia, Pennsylvania, or St. Paul, Minnesota.
Contesting record procedures:
(See Records access procedures above.)
Record source categories:
The veteran or someone acting on the behalf of the veteran; other
Federal agencies, State and local agencies, VA records; VA and
private physicians, VA and private medical facilities, accredited
service organization representatives, VA-claims agents, and the Red
Cross, VA Federal fiduciaries; financial institutions, beneficiaries;
the Retail Credit Corporation, commercial insurance companies,
undertakers and the general public.
37VA27
System name:
VA Supervised Fiduciary/Beneficiary and General Investigative
Records--VA37VA27.
System location:
Records are maintained at VA regional offices, VA medical and
regional office centers, VA regional office and insurance centers,
and at the Austin Data Processing Center. These records are generally
maintained by the regional office activity having jurisdiction over
the geographical area in which the VA beneficiary resides. Addresses
of VA field stations and the Data Processing Center are listed in VA
Appendix 1.
Categories of individuals covered by the system:
The following categories of individuals are covered by this
system: (1) A VA beneficiary (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 incompetent by VA 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); (2) a VA supervised fiduciary
(i.e., a VA Federal fiduciary to include legal custodians, spouse
payees, superintendents of Indian reservations and custodians-in-fact
appointed by VA to serve as payee of VA monetary benefits for an
incompetent VA beneficiary; or a person or legal entity appointed by
a State or foreign court to supervise the person and/or estate 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);
(3) a chief officer of a hospital treatment, domiciliary,
institutional or nursing home care facility wherein a veteran, rated
incompetent by VA, is receiving care and who has contracted to use
the veteran's VA funds in a specific manner; (4) a SDP (supervised
direct payment) beneficiary (i.e, an incompetent adult who receives
VA monetary benefits, or other individual for whom an investigation
of other than a fiduciary or guardianship matter is conducted for the
purpose of developing evidence to enable a VA organizational element
to make administrative decisions on benefits eligibility and other
issues; or, to develop evidence for further investigations of
potential criminal issues.
Categories of records in the system:
The records in the Principal Guardianship Folder (PGF) are the
primary records in this system. SSA derived records, as needed, are
also contained in this system. These records as well as secondary
files called veterans files and correspondence files may contain the
following types of information: (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 VA beneficiary's ability
to handle VA and non-BA funds, description of family relationships,
economic and social adjustment data, information regarding
activities, and name, address, and assessment of the performance of a
VA-supervised fiduciary); (2) correspondence from and to a VA
beneficiary, a VA-supervised fiduciary, and other interested third
parties; (3) medical records (i.e., medical and social work service
reports generated in VA, State, local, and private medical treatment
facilities and private physicians' offices indicating the medical
history of the VA beneficiary including diagnosis, treatment and
nature of physical or mental disability); (4) financial records
(e.g., accountings of a fiduciary's management of a VA beneficiary's
income and estate, amount of monthly benefits received, amounts
claimed for commissions by the VA-supervised fiduciary, certificates
of balance on accounts from financial institutions, and withdrawal
agreements between VA, financial institutions, and VA-supervised
fiduciary); (5) court documents (e.g., petitions, court orders,
letters of fiduciaryship, inventories of assets, and depositions);
(6) contractual agreements to serve as a VA Federal Fiduciary; (7)
photographs of people (incompetent beneficiaries, fiduciaries, and
other persons who are the subject of a VA investigation), places, and
things; (8) fingerprint records; and (9) Social Security
Administration 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 to SSA, and records
containing information about SSA representative payees. Also
contained in this system are copies of nonfiduciary 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
owned to VA; accident reports; birth, death, and divorce records;
certification of search for vital statistics documents; and
beneficiary's financial statements and tax records; immigration
information; and newspaper clippings.
Authority for maintenance of the system:
Title 38, United States Code, Chapter 3, section 501(a), (b);
title 38, United States Code, Chapter 55.
Routine uses of records maintained in the system, including
categories of users and the purposes of such uses:
1. The record of an individual who is covered by this system may
be disclosed to a member of Congress or staff person acting for the
member when the member or staff person requests the record on behalf
of and at the request of that individual.
2. Any information in this system, except for the name and
address of a veteran, which is relevant to a suspected violation or
reasonably imminent violation of law, whether civil, criminal or
regulatory in nature and whether arising by general or program
statute or by regulation, rule or order issued pursuant thereto, may
be disclosed to a Federal, State, local or foreign agency charged
with the responsibility of investigating or prosecuting such
violation, or charged with enforcing or implementing the statute,
rule, regulation or order issued pursuant thereto, at the initiative
of VA.
3. The name and address of a veteran, which is relevant to a
suspected violation or reasonably imminent violation of law, whether
civil, criminal or regulatory in nature and whether arising by
general or program statute or by regulation, rule or order issued
pursuant thereto, may be disclosed to a Federal agency charged with
the responsibility of investigating or prosecuting such violation, or
charged with enforcing or implementing the statute, regulation, rule
or order issued pursuant thereto, in response to its official
request, when that information is for law enforcement investigation
purposes, and such request is in writing and otherwise complies with
subsection (b)(7) of the Privacy Act.
4. The name and address of a veteran, which is relevant to a
suspected violation or reasonably imminent violation of law
concerning public health or safety, whether civil, criminal or
regulatory in nature and whether arising by general or program
statute or by regulation, rule or order issued pursuant thereto, may
be disclosed to any foreign, State or local governmental agency or
instrumentality charged under applicable law with the protection of
the public health or safety, if a qualified representative of such
organization, agency or instrumentality has made a written request
that such name and address by provided for a purpose authorized by
law, and, if the information is sought for law enforcement
investigation purposes, and the request otherwise complies with
subsection (b)(7) of the Privacy Act.
5. The name and address of a veteran may be disclosed to any
nonprofit organization if the release is directly connected with the
conduct of programs and the utilization of benefits under title 38
(such disclosures include computerized lists of names and addresses).
6. Any information in this system, including name, address,
social security number, VA file number, medical records, financial
records and field examination reports of a VA beneficiary, and the
name, address and information regarding the activities of a VA-
supervised 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-
supervised fiduciary in obtaining the maximum amount of benefits for
a VA beneficiary from a Federal, State, or local agency.
7. Any information in this system, including name, address,
social security number, VA file number, medical records, financial
records and field examination reports of a VA beneficiary who is in
receipt of VA and Social Security Administration (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 Social Security Administration to the extent
necessary for the operation of a VA program, or to the extent needed
as indicated by such representative.
8. The name and address of a VA beneficiary, VA rating of
incompetency, and the field examination report may be disclosed to a
Federal agency, upon its official request, in order for that agency
to make decisions on such matters as competency and dependency in
connection with eligibility for that agency's benefits. This
information may also be disclosed to a State or local agency, upon
its official request in order for that agency to make decisions on
such matters as competency and dependency in connection with
eligibility for that agency's benefits, if the information pertains
to a VA beneficiary who is not a veteran, or if the name and address
of the veteran is provided beforehand.
9. Any information in this system, including medical records,
financial records, field examination reports, correspondence and
court documents may be disclosed in the course of presenting evidence
to a court, magistrate or administrative tribunal in matters of
guardianship, inquests and commitments, and to probation and parole
officers in connection with court required duties.
10. Only so much information, including information in VA records
obtained from Social Security Administration, and the name and
address of a VA beneficiary, fiduciary, or other person under
investigation, as is necessary to obtain a coherent and informed
response may be released to a third party who may have information
bearing on an issue under VA investigation.
11. Any information in this system may be disclosed to a VA or
court-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.
12. Any information in this system, including medical records,
correspondence records, financial records, field examination reports
and court documents may be disclosed to an attorney employed by the
beneficiary, or to a spouse, relative, next friend or to a guardian
ad litem representing the interests of the beneficiary, provided the
name and address of the beneficiary is given beforehand and the
disclosure is for the benefit of the beneficiary, and the release is
authorized by 38 U.S.C. 7332, if applicable. Records subject to 38
U.S.C. 7332 contain information on medical treatment for drug abuse,
alcoholism, sickle cell anemia, and HIV.
13. Any information in this system may be disclosed to the
Department of Justice and to U.S. Attorneys in defense of prosecution
of litigation involving the United States and to Federal agencies
upon their official request in connection with review of
administrative tort claims filed under the Federal Tort Claims Act,
28 U.S.C. 2672, as well as other claims.
14. Any information in this system including available
identifying information regarding the debtor, such as the name of the
debtor, last known address of the debtor, name of debtor's spouse,
social security account number, VA insurance number, VA file number,
place of birth and date of birth of debtor, name and address of
debtor's employer or firm and dates of employment, may be disclosed
to other Federal agencies, State probate courts, State drivers
license bureaus, State automobile title and license bureaus and the
General Accounting Office in order to obtain current address, locator
and credit report assistance in the collection of unpaid financial
obligations owed the United States. The purpose is consistent with
the Federal Claims Collection Act of 1966 and 38 U.S.C. 5701(b)(6).
15. Any information in this system relating to the adjudication
of incompetency of a VA beneficiary either by the 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 in order
for VA to protect incompetent veterans 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.
Policies and practices for storing, retrieving, accessing,
retaining, and disposing of records in the system:
Storage:
Fiduciary Program beneficiary and fiduciary information contained
in the PGF, veterans' files, and correspondence files are maintained
on paper documents in case folders and/or in the Fiduciary
Beneficiary System (e.g., magnetic tapes, magnetic disks, and
computer lists) and are stored at the regional offices (includes
record information stored in the Fiduciary Beneficiary System), VA
Central Office, and VA Data Processing Center at Austin, Texas.
Copies of nonfiduciary program investigations and related information
contained in veteran's files and correspondence files are maintained
on paper documents and are stored at the regional offices and at VA
Central Office.
Retrievability:
Paper documents and automated storage media are indexed by name
and file number of VA beneficiary or other individual.
Safeguards:
1. The individual case folder and computer lists are generally
kept in steel cabinets when not in use. The cabinets are located in
areas which are locked after work hours. Access to these records is
restricted to authorized VA personnel on a ``need to know'' basis.
Magnetic tapes and disks, when not in use, are maintained under lock
and key in areas accessed by authorized VA personnel on a ``need to
know'' basis.
2. Access to the computer rooms within the regional office is
generally limited by appropriate locking devices and restricted to
authorized VA employees and vendor personnel. ADP peripheral devices
are generally placed in secure areas (areas that are locked or have
limited access) or are otherwise protected. Information in the
Fiduciary Beneficiary System may be accessed by authorized VA
employees. Access to file information is controlled at two levels;
the system recognizes authorized employees by a series of
individually unique passwords/codes and the employees are limited to
only the information in the file which is needed in the performance
of their official duties.
3. Access to the VA data processing center is generally
restricted to center employees, custodial personnel, Federal
Protective Service and other security personnel. Access to the
computer rooms is restricted to authorized operational personnel
through electronic locking devices. All other persons gaining access
to the computer rooms are escorted.
4. Access to records in VA Central Office is only authorized to
VA personnel on a ``need to know'' basis. Records are maintained in
manned rooms during working hours. During non-working hours, there is
limited access to the building with visitor control by security
personnel.
Retention and disposal:
Paper documents and computer lists are destroyed anywhere from 60
days after receipt to 2 years after VA supervision has ceased,
depending on the type of record or document. Correspondence files are
destroyed after 1 year, veteran files after 2 years, PGFs 2 years
after the case becomes inactive. Investigations data and information
obtained from SSA is destroyed according to the time standards
established in the two preceding sentences. Information contained in
the Fiduciary Beneficiary System is automatically purged two years
after the case becomes inactive. A record is determined inactive when
it comes under the provision of the Veterans Services Division
General Operations Manual, M27-1, part 3, section 1, chapter 8,
paragraphs 8.23-8.42.
System manager(s) and address:
Director, Veterans Assistance Service (27), VA Central Office,
Washington, DC 20420.
Notification procedure:
Any individual who wishes to determine whether a record is being
maintained in this system under his or her name or other personal
identifier, or wants to determine the content of such records should
submit a written request or apply in person to the nearest VA
regional office or center. Addresses for VA regional offices and
centers may be found in VA Appendix 1. All inquiries must reasonably
identify the type of records involved, e.g., guardianship file.
Inquiries should include the individual's full name, VA file number
and return address. If a VA file number is not available, then as
much of the following information as possible should be forwarded:
Full name, branch of service, dates of service, service numbers,
social security number, and date of birth.
Record access procedures:
Individuals seeking information regarding access to or contesting
VA records in this system may write, call or visit the nearest VA
regional office or center.
Contesting record procedures:
See records access procedures above.
Record source categories:
VA beneficiary, VA beneficiary's dependents, VA-supervised
fiduciaries, field examiners, estate analysts, third parties, other
Federal, State, and local agencies, and VA records.
38VA23
System name: Veterans and Beneficiaries Identification and
Records Location Subsystem--VA.
System location:
Records are maintained at the VA Data Processing Center, 1615
East Woodward Street, Austin, TX, 78722; VA Central Office, 810
Vermont Avenue, NW, Washington, DC 20420; VA Records Processing
Center, PO Box 5020, St. Louis, MO 63115 and at Neosho, MO.
Categories of individuals covered by the system:
The following categories of individuals will be covered by the
system: (1) Veterans who applied for VA benefits (e.g., compensation,
pension,, rehabilitation and education, U.S. Government life
insurance, National Service life insurance, and medical and dental
care); (2) veterans discharged from military service since March
1973; (3) veterans because of whose military service benefits have
been sought by others (e.g., beneficiaries (spouse, children or
parents) who have applied for or who are receiving or have received
VA benefits (i.e., insurance awards, education, burial benefits));
(4) Medal of Honor recipients; and (5) service members who have
established accounts from which future applications for VA
educational benefits under title 38, United States Code, Chapter 32
may be used.
Categories of records in the system:
The record, or information contained in the record may include
(1) identifying information, (2) military discharge information, (3)
date of death, (4) VA claims and insurance file numbers, (5) records
location and (6) cross-references to beneficiaries of a veteran and
to other names used by the veteran. Identifying information may
include the following concerning the veteran: Full name, social
security number, service number, date of birth, entry and release
from active duty, character of service, and branch of service.
Military discharge information may include sex, total amount of
active service, the dollar amount of readjustment or severance pay,
number of nonpaydays, pay grade, narrative reason for separation and
information on whether the veteran was discharged with a disability,
served during the Vietnam Conflict, reenlisted in the military
service, or received a Purple Heart award.
Authority for maintenance of the system:
Title 38, United States Code, Chapter 3, section 210(c)(1)
Routine uses of records maintained in the system, including
categories of users and the purposes of such uses:
1. The record of an individual who is covered by this system may
be disclosed to a member of Congress or staff person acting for the
member when the member or staff person requests the record on behalf
of and at the request of that individual.
2. Any information in this system may be disclosed to a Federal
agency, upon its official request, to the extent that it is relevant
and necessary to that agency's decision regarding: The hiring,
retention or transfer of an employee; the issuance of a security
clearance, the letting of a contract, or the issuance or continuance
of a license, grant or other benefit given by that agency. However,
in accordance with an agreement with the U.S. Postal Service,
disclosures to the U.S. Postal Service for decisions concerning the
employment of veterans will only be made with the veteran's prior
written consent.
3. Any information in this system may be disclosed to a State or
local agency, upon its official request, to the extent that it is
relevant and necessary to that agency's decision on: The hiring,
transfer or retention of an employee, the issuance of a security
clearance, the letting of a contract, or the issuance or continuance
of a license, grant or other benefit by that agency; provided, that
if the information pertains to a veteran, the name of the veteran
will not be disclosed unless the name is provided first by the
requesting State or local agency.
4. Any information in this system, except for the name of a
veteran, may be disclosed to a Federal agency in order for the VA to
obtain information relevant to the issuance of a benefit under title
38, United States Code. The name of a veteran may be disclosed to a
Federal agency under this routine use if the name is required by the
Federal agency to respond to the VA inquiry.
5. Any information in this system, except for the name of a
veteran, which is relevant to a suspected violation or reasonably
imminent violation of law, whether civil, criminal or regulatory in
nature and whether arising by general or program statute or by
regulation, rule or order issued pursuant thereto, may be disclosed
to a Federal, State, local or foreign agency charged with the
responsibility of investigating or prosecuting such violation, or
charged with enforcing or implementing the statute, rule, regulation
or order issued pursuant thereto.
6. The name of a veteran, which is relevant to a suspected
violation or reasonably imminent violation of law, whether civil,
criminal or regulatory in nature and whether arising by general or
program statute or by regulation, rule or order issued pursuant
thereto, may be disclosed to a Federal agency charged with the
responsibility of investigating or prosecuting such violation or
charged with enforcing or implementing the statute, regulation, rule
or order issued pursuant thereto, in response to its official
request.
7. The name of a veteran, which is relevant to a suspected
violation, or reasonably imminent violation of law concerning public
health or safety, whether civil, criminal or regulatory in nature and
whether arising by general or program statute or by regulation, rule
or order issued pursuant thereto, may be disclosed to any foreign,
State or local governmental agency or instrumentality charged under
applicable law with the protection of the public health or safety if
a qualified representative of such organization, agency or
instrumentality has made a written request that the name be provided
for a purpose authorized by law.
8. Any information, including the name of a veteran, may be
disclosed to any nonprofit organization if the release is directly
connected with the conduct of programs and the utilization of
benefits under title 38 U.S.C. (such disclosures include computerized
lists of names).
9. The file number and folder location may be disclosed to the
Railroad Retirement Board (RRB) pursuant to its standing request.
This information is used by the RRB to obtain information from VA
compensation, pension, or education records in accordance with the
Railroad Retirement Act of 1937, section 228.1(i).
10. Any information in this system may be disclosed to components
of the Armed Forces such as the National Personnel Record Center
(NPRC) and the U.S. Army Reserve Components Personnel and
Administration Center (RCPAC) in accordance with its standing
request. This information is used to aid in rebuilding lost military
service records and to upgrade the character of discharge or to
correct or complete military records.
11. Identifying information, the claims file number and folder
location may be disclosed to the National Research Council, National
Academy of Sciences, in accordance with its standing request. This
information is used in medical studies for the VA or another Federal
agency as approved by the Chief Medical Director.
12. Identifying information, the claims file number and folder
location may be disclosed to the U.S. Treasury upon its official
request. This information is used to obtain the necessary information
to return U.S. savings bonds to veterans which are currently in the
safekeeping of the U.S. Treasury.
13. A veteran's claims or insurance file number and folder
location may be disclosed to accredited service organization
representatives, VA-approved claims agents and attorneys acting under
a declaration of representation so that these individuals can aid
veterans in the preparation, presentation, and prosecution of claims
under the laws administered by the VA.
14. Identifying information, the claims file number and folder
location may be disclosed to research facilities provided the name of
the veteran is furnished by the requestor. The purpose of this
disclosure is for such research facilities to obtain information
necessary to assist in the medical studies of the veterans. These
studies must be approved by the VA Chief Medical Director.
15. Identifying information, the claims file number and folder
location may be disclosed to the Federal Parent Locator Service (PLS)
of the Department of Health and Human Services upon its official
request in accordance with Pub. L. 93-647, which requires disclosure
of this information in order to locate missing parents.
16. The claims file number and the folder location may be
disclosed to a third party requestor who is seeking the current
address of the veteran, in order to refer the requestor to the VA
regional office where the veteran's folder is located and to assist
the regional office in conducting a blind mailing in accordance with
38 CFR 1.518(c). The file number and folder location may be disclosed
to a third party requestor who is seeking the current address of or
information about a veteran, in order to (1) refer the requestor to
the VA regional office or insurance center where the veteran's folder
is located to assist such office or center in conducting a blind
mailing in accordance with 38 CFR 1.1518(c) or (2) aid in the
efficient Agency records maintenance functions of associating and
collating correspondence with existing records.
17. Identifying information, except for the name of a veteran,
may be disclosed to a Federal, State, County or Municipal agency for
the purpose of conducting computer matches to obtain information to
validate the entitlementof a veteran who is receiving or has received
veterans insurance benefits under Title 38, United States Code. The
name of a veteran may also be disclosed to a Federal agency under
this routine use if they are required by the Federal agency to
respond to the VA inquiry.
18. The name and address of a prospective, present, or former
accredited representative, claims agent or attorney and any
information concerning such individual relating to a suspension,
revocation, or potential suspension or revocation of that
individual's privilege of remote access to Veterans Benefits
Administration automated claim records, may be disclosed to any
recognized service organization with which the accredited
representative is affiliated, and to any entity employing the
individual to represent veterans on claims for veterans benefits.
19. The name and address of a former accredited representative,
claim agent or attorney, and any information concerning such
individual, except a veterans' name and home address, which is
relevant to a revocation of remote access privileges to Veterans
Benefits Administration automated claim records may be disclosed to
an appropriate governmental licensing organization where VA
determines that the individual's conduct which resulted in revocation
merits reporting.
320. the power of attorney of a claimant for the VA benefits or
the information that a power of attorney has not been appointed by
the claimant may be disclosed from the Benefits Delivery Network to
any recognized veterans service organization even though the service
oprganization does not hold a current power of attorney for the
claimant.
Policies and practices for storing, retrieving, accessing,
retaining, and disposing of records in the system:
Storage:
The basic file is on automated storage media (e.g., magnetic
tapes and disks), with backup copies of the information on magnetic
tape. Such information may be accessed through a data
telecommunication terminal system designated the Benefits Delivery
Network (BDN). BDN terminal locations include VA Central Office, VA
regional offices, VBA Debt Management Center, VA health care
facilities, Department of Defense Finance and Accounting Service
Centers and the U.S. Coast Guard Pay and Personnel Center. An adjunct
file (at the Records Processing Center (RPC) in St. Louis, MO)
contains microfilm and paper documents of former manual Central Index
claims numbers registers, partial files of pensioners with service
prior to 1930, personnel with service between 1940 and 1948 with VA
insurance, and partial lists of other Armed Forces personnel indexed
by service number. A duplicate of the microfilm is also located at VA
Central Office.
Remote on-line access is also made available to authorize
representatives of claimants and to attorneys of record for
claimants. A VA claimant must execute a prior written consent or a
power of attorney authorizing access to his or her claims records
before VA will allow the representative or attorney to have access to
the claimant's automated claims records. Access by representatives
and attorneys of record is to be used solely for the purpose of
assisting an individual claimant whose records are accessed in a
claim for benefits administered by VA.
Retrievability:
Information is retrievable by the use of name only, name and one
or more numbers (service, social security, VA claims file and VA
insurance file), name and one or more criteria (e.g., dates of birth,
death and service), number only, or initials or first five letters of
the last name with incorrect file number.
Safeguards:
Access to the basic file in the Austin DPC (Data Processing
Center) is restricted to authorized VA employees and vendors.
Accredited service organization representatives, VA-approved claims
agents and attorneys acting under a declaration of representation so
that these individuals can aid veterans in the preparation,
presentation, and prosecution of claims under the laws administered
by VA are provided read-only access.
Access to BDN data telecommunications network is by authorization
controlled by the site security officer who is responsible for
authorizing access to the BDN by a claimant's representative or
attorney approved for access in accordance with VA regulations. The
site security officer is responsible for ensuring that the hardware,
software and security practices of a representative or attorney
satisfy VA security requirements before granting access. The security
requirements applicable to access to automated claims files by VA
employees also apply to access to automated claims files by
claimants' representatives or attorneys. The security officer is
assigned responsibility for privacy-security measures, especially for
review of violation logs, information logs and control of password
distribution, including password distribution for claimants'
representatives.
Access to the computer room where the basic file is maintained
within the DPC is further restricted to authorized VA employees and
vendor personnel on a ``need to know'' basis and is protected from
unauthorized access by an alarm system, the Federal Protective
Service, and VA security personnel. As to access to Target terminals,
see Safeguards, Compensation, Pension, Education, and Rehabilitation
Records--58VA21/22. Authorized terminals with access to the VBA
Benefits Delivery Network are located only at VA regional officers,
VA medical facilities, VA Central Office, VBA Debt Management Center,
National Cemetery System facilities, Railroad Retirement Board
through the Chicago Regional Office, the National Personnel Records
Center, the U.S. Army Reserve Components Personnel and Administration
Center at St. Louis, MO, and at remote sites nationwide. The adjunct
file is accessible for official use only by personnel assigned to
Systems Development Service (20M4), VA Central Office, Washington,
DC, and the Administrative Division at VA Records Processing Center,
St. Louis, MO.
Retention and disposal:
Records are maintained on magnetic tape, disks, microfilm or
paper documents and are retained and disposed of in accordance with
disposition authorization approved by the Archivist of the United
States.
System manager(s) and address:
Director, VBA Systems Development Service (20M4, VA Central
Office, 810 Vermont Avenue, NW, Washington, DC 20420.
Notification procedure:
Any individual who wishes to determine whether a record is being
maintained in this system under his or her name or other personal
identifier, or wants to determine the contents of such record should
submit a written request or apply in person to the nearest VA
regional office or center. Addresses for these offices may be found
in VA Appendix 1. Inquiries should include the individual's full name
and VA claims file number. If the VA claims file number is not
available, then as much of the following information concerning the
service person as possible should be furnished: Social security
number, service number, branch of service, dates of service, date of
birth or date of death.
Record access procedures:
Individuals seeking information regarding access to and
contesting of VA records in this system may write, call or visit the
nearest VA regional office.
Contesting record procedures:
(See Record access procedures above.)
Record source categories:
Information contained in the records is obtained from veterans'
military separation documents, veterans, VA records, the Railroad
Retirement Board and other Federal agencies.
39VA047
System name: Veterans and Dependents Inactive Award Account
Records-VA.
System location: VA regional offices and centers, finance division.
Categories of individuals covered by the system: Veterans and/or
dependents.
Categories of records in the system: A record of all payments made
to or on behalf of an individual veteran and/or dependents.
Authority for maintenance of the system: Title 38, United States
Code, Chapers 11, 13, 15, 19, 23, 31, 34, 35 & 36.
Routine uses of records maintained in the system, including
categories of users and the purposes of such uses:
1. In the event that a system of records maintained by this
agency to carry out its functions indicates a violation or potential
violation of law, whether civil, criminal or regulatory in nature,
and whether arising by general statute or particular program statute,
or by regulation, rule or order issued pursuant thereto, the relevant
records in the system of records may be referred, as a routine use,
to the appropriate agency, whether Federal, State, local or foreign,
charged with the responsibility of investigating or prosecuting such
violation or charged with enforcing or implementing the statute, or
rule, regulation or order issued pursuant thereto.
2. A record from this system of records may be disclosed as a
``routine use to a Federal, State or local agency maintaining civil,
criminal or other relevant information, such as current licenses, if
necessary to obtain information relevant to an agency decision
concerning the hiring or retention of an employee, the issuance of a
security clearance, the letting of a contract, or the issuance of a
license, grant or other benefits.
3. A record from this system of records may be disclosed to a
Federal agency, in response to its request, in connection with the
hiring or retention of an employee, the issuance of a security
clearance, the reporting of an investigation of an employee, the
letting of a contract, or the issuance of a license, grant, or other
benefit by the requesting agency, to the extent that the information
is relevant and necessary to the requesting agency's decision on the
matter.
4. To clarify disputed accounts, overpayment cases, furnishing
abstract of payments, data on months of education entitlement used,
and verification of payments made.
5. Relevant information from this system of records, including
the nature and amount of a financial obligation, may be disclosed as
a routine use, in order to assist the Veterans Administration in the
collection of unpaid financial obligations owed the VA, to a debtor's
employing agency or commanding officer so that the debtor-employee
may be counseled by his or her Federal employer or commanding
officer. This purpose is consistent with 5 U.S.C. 5514, 4 CFR 102.5,
and section 206 of Executive Order 11222 of May 8, 1965 (30 FR 6469).
6. Relevant information from this system of records, including
available identifying data regarding the debtor, such as name of
debtor, last known address of debtor, name of debtor's spouse, social
security account number of debtor, VA insurance number, VA loan
number, VA claim number, place of birth and date of birth of debtor,
name and address of debtor's employer or firm and dates of
employment, may be disclosed to other Federal agencies, State probate
courts, State drivers license bureaus, and State automobile title and
license bureaus as a routine use in order to obtain current address,
locator and credit report assistance in the collection of unpaid
financial obligations owed the U.S. This purpose is consistent with
the Federal Claims Collection Act of 1966 (Pub.L. 89-508, 31 U.S.C.
951-953) and 4 CFR parts 101-105.
7. Disclosure may be made to a congressional office from the
record of an individual in response to an inquiry from the
congressional office made at the request of that individual.
8. Disclosure may be made to NARA (National Archives and Records
Administration) GSA (General Services Administration) in records
management inspections condutced under authority of 44 U.S.C. 2904
and 2906.
Policies and practices for storing, retrieving, accessing,
retaining, and disposing of records in the system:
Storage: Microfilm.
Retrievability: Name and claim number.
Safeguards: Access to microfilm files is restricted to VA
employees. The records are protected from outside access by the
Federal Protective Service.
Retention and disposal: Microfilm records are retained
indefinitely.
System manager(s) and address: Controller (047), Veterans
Administration Central Office, Washington, DC 20420.
Notification procedure: Individuals seeking information concerning
existence of a record pertaining to themselves must submit a written
request or apply in person to the nearest VA regional office or
center. Addresses for VA regional offices and centers may be found in
VA Appendix 1 at the end of this document.
Individuals must reasonably identify the benefit payment or
system of records involved, i.e., Education, Compensation and
Pension, Insurance. Inquiries should include the individual's full
name, VA file number and return address.
Record access procedures: Veterans, beneficiaries or duly
authorized representatives seeking information regarding access to
and contesting of VA records may write, call or visit the nearest VA
regional office or center.
Contesting record procedures: (See Record Access Procedures above.)
Record source categories: VA Benefit Payment Records.
40VA42
System name: Veterans and Dependents (Living and Deceased)
National Cemetery System, Correspondence and Inquiry File-VA.
System location: VA Central Office and the National Cemetery wHere
veteran or his dependent is interred. Address locations are listed in
VA Appendix 1 at the end of this document.
Categories of individuals covered by the system: Veterans and their
dependents both living and deceased.
Categories of records in the system: Military service data,
inquiries as to burial location, details on issuance of headstone or
marker; data on gravesite reservation and other miscellaneous
inquiries relating to the burial of the deceased.
Authority for maintenance of the system: Pub. L. 93-43 dated June
18, 1973 ``National Cemeteries Act of 1973.''
Routine uses of records maintained in the system, including
categories of users and the purposes of such uses:
1. A record from this system of records may be disclosed as a
``routine use'' to a foreign government allied with the U.S. during
war, or a Federal, State or local agency maintaining civil, criminal
or other pertinent information or military service data, if necessary
to obtain information relevant to an agency decision concerning
eligibility for burial or a reservation in a National Cemetery or the
issuance of a Government headstone to mark a grave.
2. A record from this system of records may be disclosed to a
Federal agency in response to its request in connection with the
granting of a benefit to a veteran (including active duty personnel)
or a dependent by the requesting agency, to the extent that the
information is relevant and necessary to the requesting agency's
decision on the matter.
3. In the event that a system of records maintained by this
agency to carry out its functions indicates a violation or potential
violation of law, whether civil, criminal or regulatory in nature,
and whether arising by general statute or particular program statute,
or by regulation, rule or order issued pursuant thereto, the relevant
records in the system of records may be referred, as a routine use,
to the appropriate agency, whether Federal, State, local or foreign,
charged with the responsibility of investigating or prosecuting such
violation or charged with enforcing or implementing the statute, or
rule, regulation or order issued pursuant thereto.
4. Disclosure may be made to a congressional office from the
record of an individual in response to an inquiry from the
congressional office made at the request of that individual.
5. Disclosure may be made to NARA (National Archives and Records
Administration) GSA (General Services Administration) in records
management inspections conducted under authority of 44 U.S.C. 2904
and 2906.
Policies and practices for storing, retrieving, accessing,
retaining, and disposing of records in the system:
Storage: Paper documents.
Retrievability: Alphabetically by name.
Safeguards: Released only to the person concerned or the next-of-
kin upon receipt of proper identification.
Retention and disposal: Retire to Federal Records Center after 2
years, destroy 25 years thereafter.
System manager(s) and address: Director (42), National Cemetery
System, VA Central Office, Washington, DC 20420.
Notification procedure: (See System Manager above.)
Record access procedures: (See System Manager above.)
Contesting record procedures: (See System Manager above.)
Record source categories: Family members of the deceased, official
military records and VA claim files.
41VA41
System name: Veterans and Dependents National Cemetery Gravesite
Reservation Records-VA.
System location: Veterans Administration Central Office and the
National Cemetery where reservation is made. Address locations are
listed in VA Appendix 1 at the end of this document.
Categories of individuals covered by the system: Veterans and their
dependents.
Categories of records in the system: Military service data, name
and address of individual; data on gravesite reservation.
Authority for maintenance of the system: Pub. L. 93-43 dated June
18, 1973 ``National Cemeteries Act of 1973''.
Routine uses of records maintained in the system, including
categories of users and the purposes of such uses:
1. A record from this system of records may be disclosed as a
``routine use'' to a foreign government allied with the U.S. during
war, or a Federal, State or local agency maintaining civil, criminal
or other pertinent information or military service data, if necessary
to obtain information relevant to an agency decision concerning
eligibility for burial or a reservation in a National Cemetery or the
issuance of a Government headstone to mark a grave.
2. A record from this system of records may be disclosed to a
Federal agency in response to its request in connection with the
granting of a benefit to a veteran (including active duty personnel)
or a dependent by the requesting agency, to the extent that the
information is relevant and necessary to the requesting agency's
decision on the matter.
3. In the event that a system of records maintained by this
agency to carry out its functions indicates a violation or potenial
violation of law, whether civil, criminal or regulatory in nature,
and whether arising by general staute or particular program statute,
or by regulation, rule or order issued pursuant thereto, the relevant
records in the system of records may be referred, as a routine use,
to the appropriate agency, whether Federal, State, local or foreign,
charged with the responsibility of investigating or prosecuting such
violation or charged with enforcing or implementing the statute, or
rule, regulation or order issued pursuant thereto.
4. Disclosure may be made to a congressional office from the
record of an individual in response to an inquiry from the
congressional office made at the request of that individual.
5. Disclosure may be made to NARA (National Archives and Records
Administration) GSA (General Services Administration) in records
management inspections conducted under authority of 44 U.S.C. 2904
and 2906.
Policies and practices for storing, retrieving, accessing,
retaining, and disposing of records in the system:
Storage: Paper documents and magnetic tape.
Retrievability: Alphabetically by name and reservation survey date.
Safeguards: Released only to the person concerned or the next-of-
kin upon receipt of proper.
Retention and disposal: Paper records are destroyed after
interment; automated record is erased after reservation is used or
cancelled.
System manager(s) and address: Director (41), National Cemetery
System, Veterans Administration Central Office, Washington, DC 20420.
Notification procedure: Same as System Manager.
Record access procedures: Same as System Manager.
Contesting record procedures: (See System Manager above.)
Record source categories: Reservee involved and official military
records.
42VA41
System name:Veterans and Dependents National Cemetery Interment
Records-VA.
System location: VA Central Office, and the National Cemetery where
veteran or his dependent is interred. Address locations are listed in
VA Appendix 1 at the end of this document.
Categories of individuals covered by the system: Deceased veterans
and their dependents.
Categories of records in the system: Military service data, name
and address of next-of-kin, burial location and cemetery burial
services data.
Authority for maintenance of the system: Pub. L. 93-43 dated June
18, 1973 ``National Cemeteries Act of 1973''.
Routine uses of records maintained in the system, including
categories of users and the purposes of such uses:
1. A record from this system of records may be disclosed as a
``routine use'' to a foreign government allied with the U.S. during
war, or a Federal, State or local agency maintaining civil, criminal
or other pertinent information or military service data, if necessary
to obtain information relevant to an agency decision concerning
eligibility for burial or a reservation in a National Cemetery or the
issuance of a government headstone to mark a grave.
2. A record from this system of records may be disclosed to a
Federal agency in response to its request in connection with the
granting of a benefit to a veteran (including active duty personnel)
or a dependent by the requesting agency, to the extent that the
information is relevant and necessary to the requesting agency's
decision on the matter.
3. To reply to inquiries, written and verbal, from family members
and friends.
4. In the event that a system of records maintained by this
agency to carry out its functions indicates a violation or potential
violation of law, hether civil, criminal or regulatory in nature, and
whether arising by general statute or particular program statute, or
by regulation, rule or order issued pursuant thereto, the relevant
records in the system of records may be referred, as a routine use,
to the appropriate agency, whether Federal, State, local or foreign,
charged with the responsibility of investigating or prosecuting such
violation or charged with enforcing or implementing the statute, or
rule, regulation or order issued pursuant thereto.
5. Disclosure may be made to a congressional office from the
record of an individual in response to an inquiry from the
congressional office made at the request of that individual.
6. Disclosure may be made to NARA (National Archives and Records
Administration) GSA (General Services Administration) in records
management inspections conducted under authority of 44 U.S.C. 2904
and 2906.
Policies and practices for storing, retrieving, accessing,
retaining, and disposing of records in the system:
Storage: Paper documents and microfilm.
Retrievability: Alphabetically by name.
Safeguards: Released only to the person concerned or the next-of-
kin upon receipt of proper identification.
Retention and disposal: Retained permanently.
System manager(s) and address: Director (41), National Cemetery
System, VA Central Office, Washington, DC 20420.
Notification procedure: (See System Manager above.)
Record access procedures: (See System Manager above.)
Contesting record procedures: (See System Manager above.)
Record source categories: The veteran, family members of the
deceased, official military records, and VA claims records.
43VA71
System name: Veterans, Dependents of Veterans, and VA
Beneficiary Survey Records--VA.
System location: Tape and disk records are maintained at the VA
Data Processing Center (DPC), 1615 Woodward Street, Austin, Texas
78772; at VA Central Office, 810 Vermont Avenue, NW, Washington, DC
20420; or with private contractors acting as agents of the VA. Paper
records are stored at the Washington National Records Center (WNRC)
or with private contractors acting as agents of the VA.
Categories of individuals covered by the system: The following
categories of individuals are covered by this system: (1) Veterans,
(2) dependents of veterans, and (3) other VA beneficiaries.
Categories of records in the system: Records (or information
contained in records) in this system may include: (1) Name, (2)
social security number, (3) date of birth, (4) basic demographic
data, (5) data on satisfaction with specific VA benefits or services,
and (6) employment and earnings data.
Authority for maintenance of the system:Title 38, United States
Code, Chapter 3, Sections 210 and 219.
Routine uses of records maintained in the system, including
categories of users and the purposes of such uses: None.
Policies and practices for storing, retrieving, accessing,
retaining, and disposing of records in the system:
Storage: Records are stored on magnetic tape and/or paper
documents.
Retrievability: Records may be retrieved by name, social security
number, date of birth, other potentially unique identifier, or a
combination of identifiers which are unique when used in combination.
Safeguards: Access to the tape copies at the VADPC is restricted to
authorized VA employees. Access to the computer room where the tapes
are maintained within the DPC is further restricted to authorized VA
employees on a ``need-to-know`` basis and is protected from
unauthorized access by an alarm system, the Federal Protective
Service, and VA security personnel. Access to the duplicate tapes at
Central Office, when such tapes exist, is restricted to authorized VA
employees on a ``need-to-know`` basis. The tapes are maintained in a
locked drawer and protected from outside access by the Federal
Protective Service and VA security personnel.
The paper records are maintained in a locked room at the WNR and
are protected from outside access by the Federal Protective Service.
Both peper and tape records maintained by contractors are held in
equally secured conditions.
Retention and disposal:
Paper records (questionnaires) are sent to storage in the WNRC;
or held by contractors and are retained for 10 years, subject to
review at 3 years intervals, and then destroyed by burning or
shredding. The magnetic tapes retained by the Office of Information
Management and Statistics, the VADPC, or contractors, are subject to
review at 3 year intervals; final disposition is by erasure of the
magnetic tape.
System manager(s) and address: Director, Statistical Policy and
Research Service (71), VA Central Office, Washington, DC 20420.
Notification procedures: An individual who wishes to determine
whether a record is being maintained by the Director, Statistical
Policy and Research Service (71), under his or her name or other
personal identifier or wants to determine the contents of such
records should submit a written request or apply in person to the
Director, Statistical Policy and Research Service (71). The
individual seeking this information would have to prove his or her
identity and must present the following information: The name of the
survey in question and approximate date of the survey, social
security and/or VA claim number, full name and birth date.
Record access procedure: Individuals (or authorized
representatives) desiring access to, and contesting of, VA records
may write to the Director, Statistical Policy and Research Service
(71), VA Central Office, 810 Vermont Avenue, NW, Washington, DC
20420.
Contesting record procedures: See Records access procedures above.
Record source categories: Information in the record is obtained
from survey questionnaires provided by veterans, dependents, or VA
beneficiaries in the survey sample and from veterans, dependents, or
VA beneficiaries on particular VA benefit rolls.
44VA01
System name: Veterans Appellate Records System--VA.
System location:
Board of Veterans Appeals, Department of Veterans Affairs, 810
Vermont Avenue, NW, Washington, DC, 20420, and its contractor,
Promisel & Korn, Inc., 7201 Wisconsin Avenue, Suite 480, Bethesda, MD
20814.
Categories of individuals covered by the system:
Veterans and other appellants and their representatives, Members
of Congress, witnesses, Board Members, Board staff attorneys, and
Board staff paralegals.
Categories of records in the system:
Brieffaces (VA Forms 1-4030), copies of Board Veterans Appeals
decisions, copies of correspondence concerning appeals, verbatim
recordings of hearings, computerized VA records folder and briefface
locator tracking system, microfiche decision locator table, decision
index, and employee productivity information.
Authority for maintenance of the system:
38 U.S.C. 4001(a), 4004; 5 U.S.C. 552
Routine uses of records maintained in the system, including
categories of users and the purposes of such uses:
1. Disclosure to law enforcement personnel and security guards in
order to alert them to the presence of dangerous persons.
2. In the event that a system of records maintained by this
agency to carry out its functions indicates a violation or potential
violation of law, whether civil, criminal or regulatory in nature,
and whether arising by general statute or particular program statute,
or by regulation, rule or order issued pursuant thereto, the relevant
records in the system of records may be referred, as a routine use,
to the appropriate agency, whether Federal, State, local or foreign,
charged with the responsibility of investigating or prosecuting such
violation or charged with enforcing or implementing the statute, or
rule, regulation or order issued pursuant thereto.
3. A record from this system of records may be disclosed to a
veteran claimant or a third party claimant (e.g., a veteran's
survivors of dependents) to the extent necessary for the development
of that claimant's claim for VA benefits.
4. Disclosure may be made to a congressional office from the
record of an individual in response to an inquiry from the
congressional office made at the request of that individual.
5. Disclosure may be made to NARA (National Archives and Records
Administration) in records management inspections conducted under
authority of 44 U.S.C. 2904 and 2906.
6. A record from this system (other than the address of the
beneficiary) may be disclosed to a former representative of a
beneficiary to the extent necessary to develop and adjudicate a claim
for payment of attorney fees to such representative from past-due
benefits under 38 U.S.C. 5904(d) or to review a fee agreement between
such representative and the beneficiary for reasonableness under 38
U.S.C. 5904(c)(2).
Note: Any record maintained in this system of records which may
include information relating to drug abuse, alcoholism or alcohol
abuse, infection with the human immunodeficiency virus or sickle cell
anemia will be disclosed pursuant to an applicable routine use for
the system only when permitted by 38 U.S.C. 4132 and 42 U.S.C. 290dd-
3 and 290ee-3.
Policies and practices for storing, retrieving, accessing,
retaining, and disposing of records in the system:
Storage:
Records are stored in filing folders, filing cabinets,
microfiche, computer disks, and computer tape.
Retrievability:
By veteran's name, VA file number, or BVA archive citation
number.
Safeguards:
Files are under custody of designated employees with access
limited to employees of Board of Veterans Appeals and its contractor
who have a need to know the contents of the system of records in
order to perform their duties. Personal identifiers are removed for
all archived BVA decisions and other records in this system before
they are made available to the public by VA. Files kept by the
contractor are in a locked safe in locked rooms in a secured
building.
Retention and disposal:
Records are retained in accordance with records retention
standards approved by the Archivist of the United States, the
National Archives and Records Administration, and published in Agency
Records Control Schedules. Records are destroyed by shredding,
burning, or by erasing the magnetic media. Automated storage media is
retained and disposed of in accordance with disposition authorization
approved by the Archivist of the United States.
System manager(s) and address:
Chairman (01), Board of Veterans Appeals, 810 Vermont Avenue, NW,
Washington, DC 20420.
Notification procedure:
An individual desiring to know whether this system of records
contains a record pertaining to him or her, how he or she may gain
access to such a record, and how he or she may contest the content of
such a record may write to the following address: Privacy Act Officer
(01C1), Board of Veterans Appeals, 810 Vermont Avenue, NW,
Washington, DC 20420. The following information, or as much as is
available, should be furnished in order to identify the record: Name
of veteran, name of appellant other than the veteran (if any), and
Department of Veterans Affairs file number. For information about
hearing transcripts or tape recordings, also furnish the date, or the
approximate date, of the hearing.
Record access procedure:
Individuals seeking information regarding access to information
contained in this system of records may write, call or visit the
Board of Veterans Appeals Freedom of Information Act Officer whose
address and telephone number are as follows: Freedom of Information
Act Officer (01C1), Board of Veterans Appeals, 810 Vermont Avenue,
NW, Washington, DC 20420, (202) 233-3365.
Contesting record procedures:
(See notification procedures above.)
Record source categories:
VA Claims, insurance, loan guaranty, vocational rehabilitation,
education, hospital records, and outpatient clinic records folders
and associated folders; Board of Veterans Appeals records; data
presented by appellants and their representatives at hearings and in
briefs and correspondence; and data furnished by Board of Veterans
Appeals employees.
45VA23
System name: Veterans Assistance Discharge System (VADS)-VA.
System location:
Records are maintained at the VA Data Processing Center, 1615
East Woodward Street, Austin, Texas 78772.
Categories of individuals covered by the system:
Individuals (veterans only) released from active military service
from March, 1973, for whom separation documents (i.e., DD Form 214,
215) were received in the Data Processing Center, Austin, Texas.
Categories of records in the system:
The record, or information contained in the record may include
identifying information and military discharge information.
Identifying information may include the following concerning the
veteran: Full name, social security number, service number, dates of
birth. Military discharge information generally includes the primary
military occupational specialty number, entry and release from active
duty, character of service, branch of service, and mailing address at
the time of discharge, amount of education (e.g., high school
graduate or equivalent or not high school graduate or equivalent),
sex, total amount of active service, the dollar amount of
readjustment or severance pay, number of nonpaydays, pay grade,
narrative reason for separation and whether the veteran was
discharged with a disability, served in the Vietnam Conflict,
reenlisted in the military service or received a military decoration
such as a Purple Heart.
Authority for maintenance of the system:
Title 38, United States Code, Chapter 3, section 210(c).
Routine uses of records maintained in the system, including
categories of users and the purposes of such uses:
1. The record of an individual who is covered by this system may
be disclosed to a member of Congress or staff person acting for the
member when the member or staff person requests the record on behalf
of and at the request of that individual.
2. Any information in this system may be disclosed to a Federal
agency, upon its official request, to the extent that it is relevant
and necessary to that agency's decision regarding: The hiring,
retention or transfer of an employee; the issuance of a security
clearance, the letting of a contract, or the issuance or continuance
of a license, grant or other benefit given by that agency. However,
in accordance with an agreement with the U.S. Postal Service,
disclosures to the U.S. Postal Service for decisions concerning the
employment of veterans will only be made with the veteran's prior
written consent.
3. Any information in this system may be disclosed to a State or
local agency, upon its official request, to the extent that it is
relevant and necessary to that agency's decision on: The hiring,
transfer or retention of an employee, the issuance of a security
clearance, the letting of a contract, or the issuance or continuance
of a license, grant or other benefit by that agency; provided, that
if the information pertains to a veteran, the name and address of the
veteran will not be disclosed unless the name and address is provided
first by the requesting State or local agency.
4. Any information in this system may be disclosed to a Federal
agency, except for the name and address of a veteran, in order for
the VA to obtain information relevant to the issuance of a benefit
under title 38 U.S.C. The name and address of a veteran may be
disclosed to a Federal agency under this routine use if they are
required by the Federal agency to respond to the VA inquiry.
5. Any information in this system, except for the name and
address of a veteran, which is relevant to a suspected violation or
reasonably imminent violation of law, whether civil, criminal or
regulatory in nature and whether arising by general or program
statute or by regulation, rule or order issued pursuant thereto, may
be disclosed to a Federal, State, local or foreign agency charged
with the responsibility of investigating or prosecuting such
violation, or charged with enforcing or implementing the statute,
rule, regulation or order issued pursuant thereto.
6. The name and address of a veteran, which is relevant to a
suspected violation or reasonably imminent violation of law, whether
civil, criminal or regulatory in nature and whether arising by
general or program statute or by regulation, rule or order issued
pursuant thereto, may be disclosed to a Federal agency charged with
the responsibility of investigating or prosecuting such violation or
charged with enforcing or implementing the statute, regulation, rule
or order issued pursuant thereto, in response to its official
request.
7. The name and address of a veteran, which is relevant to a
suspected violation or reasonably imminent violation of law
concerning public health or safety, whether civil, criminal or
regulatory in nature and whether arising by general or program
statute or by regulation, rule or order issued pursuant thereto, may
be disclosed to any foreign State or local governmental agency or
instrumentality charged under applicable law with the protection of
the public health or safety if a qualified representative of such
organization, agency or instrumentality has made a written request
that such name and address be provided for a purpose authorized by
law.
8. Any information, including name and address of a veteran, may
be disclosed to any nonprofit organization if the release is directly
connected with the conduct of programs and the utilization of
benefits under title 38 U.S.C. (such disclosures include computerized
lists of names and addresses).
9. A listing of names and addresses of educationally
disadvantaged veterans residing in a specific geographic area may be
disclosed to VA-approved nonprofit educational facilities in order to
aid these facilities in VA outreach programs by permitting direct
contact with the educationally disadvantaged veteran.
10. Identifying information may be disclosed at the request of
the veteran to accredited service organization representatives, VA-
approved claims agents and attorneys acting under a declaration of
representation so that these individuals can aid veterans in the
preparation, presentation, and prosecution of claims under the laws
administered by the VA. The name and address of a veteran will not,
however, be disclosed to these individuals if the veteran has not
requested the assistance of an accredited service organization,
claims agent or an attorney.
11. The names and addresses and military discharge information
(e.g., job-related information regarding veterans with a certain
primary occupational specialty number) may be disclosed upon official
request to the Departments of Justice, Labor and to the Department of
Health and Human Services, Operation MEDIHC (Military Experience
Directed Into Health Careers) State coordinators. These disclosures
help veterans who were trained in health and other skills while in
the military to learn of career opportunities.
12. Any information in this system of records may be disclosed to
the Department of Defense Manpower Data Center, upon its official
request, for statistical compilation of information contained on the
separation documents issued by the Department of Defense. Veterans'
addresses which are contained in this system of records may be
disclosed to the Department of Defense Manpower Data Center, upon its
official request, for military recruiting command needs. Department
of Defense civilian personnel offices' mobilization studies and
mobilization information, debt collection, and Individual Ready
Reserve (IRR) Units' locator services.
13. The name, address, date of birth and other identifying data,
including social security numbers, of a male veteran covered by this
system may be released to the Selective Service System for the
purpose of identifying men who served on active military duty, but
failed to register with the Selective Service System upon separation
or discharge from the service; providing the current addresses of
veterans; correcting or supplementing the data which the Selective
Service System receives from Department of Defense separation points;
and ensuring the proper classification of veteraans for induction
purposes in the event of a return to the draft. These records may
also be disclosed as part of an ongoing computer matching program to
accomplish these purposes .
14. Identifying information from this system of records,
including name, mailing address, service discharge date, social
security number, date of birth, service branch, gender, disability
status, pay grade, educational level, date of enlistment and the
amount of Servicemen's Group Life Insurance coverage carried at the
time of discharge may be disclosed to the Office of Servicemen's
Group Life Insurance for the purposes of soliciting applications for
life insurance coverage under the Veteran's Group Life Insurance
program.
Policies and practices for storing, retrieving, accessing,
retaining, and disposing of records in the system:
Storage:
Records are maintained on magnetic tape.
Retrievability:
Records are retrievable by use of the social security number and
the first five letters of the last name.
Safeguards:
Access to the basic file in the Austin DPC (Data Processing
Center) is restricted to authorized VA employees and vendors. Access
to the computer room where the magnetic tape is located within the
DPC is further restricted to specifically authorized employees and is
protected by an alarm system, the Federal Protective Service, and
other VA security personnel.
Retention and disposal:
Records are retained and disposed of in accordance with
disposition authorization approved by the Archivist of the United
States.
System manager(s) and address:
Director, Administrative Service (23C), VA Central Office,
Washington, DC 20420.
Notification procedure:
An individual who wishes to determine whether a record is being
maintained in this system under his or her name or other personal
identifier, or wants to determine the contents of such record, should
submit a written request or apply in person to the Director,
Administrative Service (23), VA Central Office, 810 Vermont Avenue
NW, Washington, DC 20420. Inquiries should include the individual's
full name and social security number.
Record access procedures:
Interested persons seeking information regarding access to and
contesting of VA records may write, call or visit the Director,
Administrative Service (23), VA Central Office, 810 Vermont Avenue,
NW, Washington, DC 20420.
Contesting record procedures:
See Record access procedures above.
Record source categories:
The Department of Defense which provides copies to VA of DD Form
214, Certificate of Release or Discharge from Active Duty, DD Form
215, Correction to DD Form 214, U.S. Public Health Service which
provides copies to the VA of PHS-1867, Statement of Service--
Verification of Status of Commissioned Officers of the U.S. PHS, and
the National Oceanic and Atmospheric Administration which provides
the VA with copies of ESSA Form 56-16, report of separation,
discharge.
46VA00
System name: Veterans, Beneficiaries and Attorneys United States
Government Insurance Award Records-VA.
System location:
Active records are located at the VA Regional Office and
Insurance Centers in Philadelphia, Pennsylvania, and St. Paul,
Minnesota. Inactive records are stored at various servicing Federal
Archives and Records Centers and at the VA Records Processing Center
in St. Louis, Missouri. Some pre-1968 records pertaining to
beneficiaries of deceased veterans may be maintained in regional
offices. Information from these files is also maintained in automated
files at the VA Data Processing Centers in Philadelphia,
Pennsylvania, and St. Paul, Minnesota. Information from the automated
files in Philadelphia is available to all VA Regional Offices, except
Manila, Philippines, through the ITS (Insurance Terminal System)
which provides direct access to the records via video display
terminals. Duplicate copies of certain manual and automated files are
maintained at other locations in accordance with Federal and VA
policy on security and vital records. Address locations of VA
facilities are listed in VA Appendix 1 at the end of this document.
Categories of individuals covered by the system:
The following categories of individuals are covered by this
system: (1) Veterans (not including dependents) drawing VA disability
insurance payments; (2) beneficiaries of VA insurance drawing
insurance proceeds; (3) attorneys drawing fees for aiding settlement
of VA insurance cases; and (4) veterans (not including dependents)
drawing proceeds on matured VA insurance contracts (e.g., endowment
policies).
Categories of records in the system:
The life insurance records (or information contained in records)
may include: (1) The name and address of the veteran and beneficiary;
(2) VA file number; (3) social security number; (4) type of VA
insurance; (5) payment amounts; (6) payment vouchers; (7) claims
records for disability payments; (8) claim records for death claim
payment; (9) beneficiary signature cards; (10) returned check
information; (11) records of sums held as credit for veterans for
disability payment; (12) records of unpaid insurance proceeds; (13)
indebtedness to be withheld from insurance proceeds; (14) records of
checks withheld from delivery to certain foreign countries; (15)
index of payees; (16) correspondence to and from the payee; and (17)
employment information.
Authority for maintenance of the system:
Title 38, United States Code, Chapter 3, Section 210(c); Title
38, United States Code, Chapter 19.
Routine uses of records maintained in the system, including
categories of users and the purposes of such uses:
1. The record of an individual who is covered by this system may
be disclosed to a member of Congress or staff person acting for the
member when the member or staff person requests the record on behalf
of and at the request of that individual.
2. Any information in this system may be disclosed to a Federal
agency, upon its official request, to the extent that it is relevant
and necessary to that agency's decision regarding: The hiring,
retention or transfer of an employee; the issuance of a security
clearance, the letting of a contract, or the issuance or continuance
of a license, grant or other benefit given by that agency. However,
in accordance with an agreement with the U.S. Postal Service,
disclosures to the U.S. Postal Service for decisions concerning the
employment of veterans will only be made with the veteran's prior
written consent.
3. Any information in this system may be disclosed to a State or
local agency, upon its official request, to the extent that it is
relevant and necessary to that agency's decision on: The hiring,
transfer or retention of an employee, the issuance or continuance of
a license, grant or other benefit by that agency: Provided, that if
the information pertains to a veteran, the name and address of the
veteran will not be disclosed unless the name and address is provided
first by the requesting State or local agency.
4. Any information in this system may be disclosed to a Federal
agency, except for the name and address of a veteran, in order for
the VA to obtain information relevant to the issuance of a benefit
under title 38 U.S.C. The name and address of a veteran may be
disclosed to a Federal agency under this routine use if they are
required by the Federal agency to respond to the VA inquiry.
5. The name and address of a veteran, beneficiary or an attorney
and the amount of payment may be disclosed to the Treasury
Department, in order for the Treasury Department to issue checks to
the veteran, beneficiary or attorneys and estates of deceased
veterans and beneficiaries.
6. Any information in this system, including the nature and
amount of a financial obligation, may be disclosed as a routine use
in order to assist the Veterans Administration in the collection of
unpaid financial obligations owed the VA, to a debtor's employing
agency or commanding officer so that the debtor-employee may be
counseled by his or her Federal employer or commanding officer. This
purpose is consistent with 5 U.S.C. 5514, 4 CFR 102.5, and section
206 of Executive Order 11222 of May 8, 1965 (30 FR 6469) and 38
U.S.C. 3301(b)(6).
7. Any information in this system, including available
identifying data regarding the debtor, such as name of debtor, last
known address of debtor, name of debtor's spouse, social security
account number of debtor, VA insurance number, VA loan number, VA
file number, place of birth and date of birth of debtor, name and
address of debtor's employer or firm and dates of employment, may be
disclosed to other Federal agencies, State probate courts, State
drivers license bureaus, and State automobile title and license
bureaus as a routine use in order to obtain current address, locator
and credit report assistance in the collection of unpaid financial
obligations owed the United States. This purpose is consistent with
the Federal Claims Collection Act of 1966 (Pub. L. 89-508, 31 United
States Code, 951-953) and 4 CFR parts 101-105 and 38 U.S.C.
3301(b)(6).
8. Any information concerning the veteran's indebtedness to the
United States by virtue of a person's participation in a benefits
program administered by the VA, including personal information
obtained from other Federal agencies through computer matching
programs, may be disclosed to any third party, except consumer
reporting agencies, in connection with any proceeding for the
collection of an amount owed to the United States by virtue of a
person's participation in any benefit program administered by the
Veterans Administration. Purposes of these disclosures may be to (a)
assist the VA in collection of title 38 benefit overpayments, overdue
indebtedness, and or costs of services provided individuals not
entitled to such services, and (b) initiate legal actions for
prosecuting individuals who willfully or fraudulently obtain title 38
benefits without entitlement. This disclosure is consistent with 38
U.S.C. 3301(b)(6).
9. The name and address of a veteran, other information as is
reasonably necessary to identify such veteran, including personal
information obtained from other Federal agencies through computer
matching programs, and any information concerning the veteran's
indebtedness to the United States by virtue of the person's
participation in a benefits program administered by the VA may be
disclosed to a consumer reporting agency for purposes of assisting in
the collection of such indebtedness, provided that the provisions of
38 U.S.C. 3301(g)(4) have been met.
10. Any information in this system may be disclosed to a Federal
grand jury, a Federal court or a party in litigation, or a Federal
agency or party to an administrative proceeding being conducted by a
Federal agency, in order for the VA to respond to and comply with the
issuance of a Federal subpoena.
11. Any information in this system may be disclosed to a State or
municipal grand jury, a State or municipal court or a party in
litigation, or to a State or municipal administrative agency
functioning in a quasi-judicial capacity or a party to a proceeding
being conducted by such agency, in order for the VA to respond to and
comply with the issuance of a State or municipal subpoena; provided,
that any disclosure of claimant information made under this routine
use must comply with the provisions of 38 CFR 1.511.
12. Identifying information, except for the name and address of a
veteran, may be disclosed to a Federal, State, County or Municipal
agency for the purpose of conducting computer matches to obtain
information to validate the entitlement of a veteran who is receiving
or has received veterans insurance benefits under Title 38, United
States Code. The name and address of a veteran may also be disclosed
to a Federal agency under this routine use if they are required by
the Federal agency to respond to the VA inquiry.
Policies and practices for storing, retrieving, accessing,
retaining, and disposing of records in the system:
Storage:
Records are stored on magnetic tape, microfilm, disks, index
cards, and paper documents in file folders.
Retrievability:
All insurance awards records are retrievable by the insurance
file number. The index cards are filed in alphabetical order.
Safeguards:
1. Physical Security: a. All VA facilities are protected outside
access by the Federal Protective Service or other security personnel.
All file areas are restricted to authorized personnel on a need-to-
know basis. Areas containing paper records are protected by a
sprinkler system. Paper records pertaining to employees and public
figures, or otherwise sensitive files, are stored in locked files.
Microfilm records are stored in a locked fireproof, humidity-
controlled vault. Automated records which are not in use at the data
processing centers are stored in secured, locked vault areas.
b. Access to VA data processing centers is restricted to center
employees, custodial personnel, and Federal Protective Service or
other security personnel. Access to computer rooms is restricted to
authorized operational personnel through electronic locking devices.
All other persons gaining access to computer rooms are escorted by an
individual with authorized access.
c. At Regional Offices and the Regional Office and Insurance
Centers the video display terminals on the ITS (Insurance Terminal
System) are protected by key locks, magnetic access card readers, and
audible alarms. Electronic keyboard locks are activated on security
errors. A security officer at each facility is assigned
responsibility for privacy-security measures, including review of
violations logs and local control and distribution of passwords and
magnetic access cards.
2. System Security. a. At the data processing centers,
identification of magnetic tapes and disks containing data is rigidly
enforced using manual and automated labeling techniques. Access to
computer programs is controlled at three levels: Programming,
auditing, and operations.
b. The ITS (Insurance Terminal System) uses the VA data
telecommunications terminal system known as the Target System which
provides computerized access control for security purposes. This
system provides automated recognition of authorized users and their
respective access levels/restrictions through passwords and magnetic
access cards. Passwords are changed periodically and are restricted
to authorized individuals on a need-to-know basis for system access
or security purposes.
Retention and disposal:
Records are retained and disposed of in accordance with
disposition authorization approved by the Archivist of the United
States. The primary record, the insurance folder, is retained at the
VA Regional Office and Insurance Center until it has been inactive
for 36 months; at which time it is retired to a servicing Federal
Archives and Records Center for 50 years retention and destroyed.
System manager(s) and address:
Director (00), VA Regional Office and Insurance Center, 5000
Wissahickon Avenue, Philadelphia, Pennsylvania 19101.
Notification procedure:
Any individual who wishes to determine whether a record is being
maintained in this system under his or her name or other personal
identifier, or who has a routine inquiry concerning the status of his
or her insurance under this system may contact the nearest VA
Regional Office. Requests concerning the specific content of a record
must be in writing or in person to the VA Regional Office and
Insurance Center at Philadelphia, Pennsylvania, or St. Paul,
Minnesota, where the insurance folder is maintained. The inquirer
should provide full name of the veteran, insurance file number, and
date of birth. If insurance file number is not available, the social
security number, service number, VA claim number, and/or location of
insurance records will aid VA personnel in locating official
insurance records. Address locations of VA facilities are listed in
VA Appendix 1 at the end of this document.
Record access procedures:
Individuals desiring access to and contesting of VA records
should write to the VA Regional Office and Insurance Center at
Philadelphia, Pennsylvania or St. Paul, Minnesota.
Contesting record procedures:
See Record access procedures above.
Record source categories:
Information in the records is obtained from veterans,
beneficiaries, attorneys, financial institutions and executors of
estates, undertakers, other Federal agencies, VA medical facilities
and civilian hospitals, and VA records.
48VA40B
System name: Veterans (Deceased) Headstone or Marker Records -
VA.
System location: Veterans Administration Central Office,
Washington, DC 20420.
Categories of individuals covered by the system: Deceased veterans.
Categories of records in the system: Military Service data,
applicant's name and address, place of burial, data on headstone or
marker, and consignee's name, address and phone number.
Authority for maintenance of the system: Pub. L. 93-43 dated June
18, 1973 ``National Cemeteries Act of 1973.''
Routine uses of records maintained in the system, including
categories of users and the purposes of such uses:
1. For use in connection with the issuance of a government
headstone or marker in a National Cemetery or a private cemetery.
2. In the event that a system of records maintained by this
agency to carry out its functions indicates a violation or potential
violation of law, whether civil, criminal or regulatory in nature,
and whether arising by general statute or particular program statute,
or by regulation, rule or order issued pursuant thereto, the relevant
records in the system of records may be referred, as a routine use,
to the appropriate agency, whether Federal, State, local or foreign,
charged with the responsibility of investigating or prosecuting such
violation or charged with enforcing or implementing the statute, or
rule, regulation or order issued pursuant thereto.
3. A record from this system of records may be disclosed as a
``routine use'' to a foreign government allied with the U.S. during
war, or a Federal, State or local agency maintaining civil, criminal
or other pertinent information or military service data, if necessary
to obtain information relevant to an agency decision concerning
eligibility for burial or a reservation in a national cemetery or the
issuance of a government headstone to mark a grave.
4. A record from this system of records may be disclosed to a
Federal agency, in response to its request, in connection with the
granting of a benefit to a veteran (including active duty personnel)
or a dependent by the requesting agency, to the extent that the
information is relevant and necessary to the requesting agency's
decision on the matter.
5. Disclosure may be made to a congressional office from the
record of an individual in response to an inquiry from the
congressional office made at the request of that individual.
6. Disclosure may be made to NARA (National Archives and Records
Administration) GSA (General Services Administration) in records
management inspections conducted under authority of 44 U.S.C. 2904
and 2906.
Policies and practices for storing, retrieving, accessing,
retaining, and disposing of records in the system:
Storage: Paper documents.
Retrievability: Alphabetically by name.
Safeguards: Released only to the person concerned (consignee) or
family members upon receipt of proper identification.
Retention and disposal: Retained indefinitely.
System manager(s) and address: Director (40B), National Cemetery
System, Veterans Administration Central Office, Washington, DC 20420.
Notification procedure: Same as System Manager.
Record access procedures: Same as System Manager.
Contesting record procedures: See System Manager above.
Record source categories: Family members of the deceased, official
military records and VA claims records.
53VA00
System name: Veterans Mortgage Life Insurance-VA.
System location:
Records (i.e., applications, VA special grant cards,
correspondence, records of premium and interest payments and records
on death cases) are maintained at the VA Regional Office and
Insurance Center, St. Paul Minnesota, and the Benefits Delivery
Center, Hines, Illinois, Address locations of VA facilities are
listed at VA Apendix 1 at the end of this document.
Categories of individuals covered by the system:
Veterans (not including dependents) who have been granted a
specially adapted housing grant under title 38, United States Code,
Chapter 21.
Categories of records in the system:
Records (or information contained in records) include: (1)
Applications for veterans mortgage life insurance (applications
contain the following information: Veteran's name, address, social
security number, VA file number, date of birth, address of mortgaged
property, name and address of mortgagor, mortgage account number,
rate of interest, original amount of mortgage, and current amount of
mortgage, monthly payment amount, mortgage payment period); (2) VA
Special Grant Cards (cards contain name, address, dates of military
service, branch of service, method of separation, whether veteran has
VMLI (Veterans Mortgage Life Insurance), name and address of lender,
legal description and property address and improvements to such
properties, date applied for disability compensation, date initial
application submitted, and grant information, amount of grant
approved or whether the grant was canceled); (3) payment premium
records; (4) interest payment records; and (5) correspondence to and
from the veteran.
Authority for maintenance of the system:
Title 38, United States Code, Chapter 3, section 210(c)(1); Title
38, United States Code, Chapter 21.
Routine uses of records maintained in the system, including
categories of users and the purposes of such uses:
1. The record of an individual who is covered by this system may
be disclosed to a member of Congress or staff person acting for the
member when the member or staff person requests the record on behalf
of and at the request of that individual.
2. Any information in this system, except for the name and
address of a veteran, which is relevant to a suspected violation or
reasonably imminent violation of law, whether civil, criminal or
regulatory in nature and whether arising by general or program
statute or by regulation, rule or order issued pursuant thereto, may
be disclosed to a Federal, State, local or foreign agency charged
with the responsibility of investigating or prosecuting such
violation, or charged with enforcing or implementing the statute,
rule, regulation or order issued pursuant thereto.
3. The name and address of a veteran, which is relevant to a
suspected violation or reasonably imminent violation of law, whether
civil, criminal or regulatory in nature and whether arising by
general or program statute or by regulation, rule or order issued
pursuant thereto, may be disclosed to a Federal agency charged with
the responsibility of investigating or prosecuting such violation, or
charged with enforcing or implementing the statute, regulation, rule
or order issued pursuant thereto, in response to its official
request.
4. The name and address of a veteran, which is relevant to a
suspected violation or reasonably imminent violation of law
concerning public health or safety, whether civil, criminal or
regulatory in nature and whether arising by general or program
statute or by regulations, 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.
5. The name and other identifying information and the amount of
monthly premium payments to be deducted from VA benefits or to be
paid by the veteran for a veteran's mortgage life insurance policy
may be disclosed at the request of the veteran to the Bankers Life
Insurance Company of Nebraska, Lincoln, Nebraska, in order to assist
Bankers Life Insurance Company in ascertaining and crediting the
correct monthly payments for an insured veteran.
6. Except for medical information, insurance contract information
(e.g., name, address, and status of the account), any information in
this system may be disclosed at the request of a veteran to an
attorney acting under a declaration of representation, a VA-approved
claims agent, an insurance agent, a trust officer, or to employees or
members of an accredited service organization, or to the Red Cross so
that these individuals or organizations can aid veterans in the
preparation, presentation, or prosecution of claims under the laws
administered by the VA. The name and address of a veteran will not,
however, be disclosed to these individuals under this routine use if
the veteran has not requested the assistance of an accredited service
organization, claims agent, trust officer, the Red Cross or an
attorney.
Policies and practices for storing, retrieving, accessing,
retaining, and disposing of records in the system:
Storage:
Records are stored on automated computer files and on paper
documents in manual account folders.
Retrievability:
All mortgage life insurance records are maintained by VA file
number, date of birth and name as additional identifying data.
Safeguards:
All manual records at the VA Regional Office and Insurance Center
are maintained in steel file cabinets, and access to the files is
limited to authorized personnel only. Information in these records is
restricted to those authorized persons on a ``need to know'' basis.
information on electronic media is protected by ``password''and other
system safeguards.
Retention and disposal:
Inactive mortgage life insurance records are placed in a closed
file for seven years after the insured'death or until his/her 77th
birthday, whichever comes first. Annually, those closed files are
reviewed and destroyed as applicable. A record is considered inactive
when one of the following occurs: Mortgage paid in full, insured's
70th birthday, termination of the veteran's ownership of the property
securing the loan, payment of premiums discontinued by veteran,
entire contract or agreement discontinued, or failure to timely
submit required statement.
System manager(s) and address:
Director (00), VA Regional Office and Insurance Center, 5000
Wissahickon Avenue, Philadelphia, Pennsylvania 19101.
Notification procedure:
Any individual who wishes to determine whether a record is being
maintained in this system under his or her name or other personal
identifier, or wants to determine the contents of such record should
submit a written request to the VA Regional Office and Insurance
Center, St. Paul, Minnesota. The address for the VA Regional Office
and Insurance Center may be found at Appendix 1. The inquirer should
provide the veteran's name, VA file number and social security number
and reasonably identify the benefit or system of records involved,
i.e., Veterans Mortgage Life Insurance Records. If this information
is not available, information concerning the lending institution,
mortgage number of name and address of veteran involved should be
furnished.
Record access procedures:
Individuals desiring access to, and contesting of VA records
should write to the VA Regional Office and Insurance Center, St.
Paul, Minnesota.
Contesting record procedures:
See Record access procedures above.
Record source categories:
Records are obtained from the veteran, lending institutions
holding a veteran's mortgage, VA Loan Guaranty records, VA records,
contractors remodeling or enlarging or adding construction to
existing homes, relatives and other interested persons.
54VA136
System name: Veteran's Spouse or Dependent Civilian Health and
Medical Care Records-VA.
System location:
Paper and computer records are maintained at the CHAMPVA
(Civilian Health and Medical Program of the Department of Veterans
Affairs) Center, VA Medical Center, 4500 Cherry Creek Drive South,
Denver, CO 80222.
Categories of individuals covered by the system:
Eligible beneficiaries and all individuals who seek health care
under Title 38, United States Code, section 613, including:
1. The spouse or child of a veteran who has a total disability,
permanent in nature, resulting from a service-connected disability;
2. The surviving spouse or child of a veteran who died as a
result of a service-connected disability, or who at the time of death
had a total disability, permanent in nature, resulting from a
service-connected disability;
3. The surviving spouse or child of a person who died in the
active military, naval, or air service in the line of duty and not
due to such person's own misconduct; and who are not eligible for
medical care under CHAMPUS (Civilian Health and Medical Program of
the Uniformed Services) or Medicare.
4. The veteran sponsor of the spouse or child.
Categories of records in the system:
Records maintain in the system include medical benefit
application and eligibility information concerning the spouse and/or
dependent(s) and the veteran sponsor, correspondence concerning the
individuals, and documents pertaining to claims for medical services
and information related to claims processing and third party
liability recovery actions taken by the VA and/or the OCHAMPUS which
may include the name, address, and other identifying information
concerning health care providers, amounts claimed and paid for the
health care services, medical records, and treatment and payment
dates. The record may include veteran, spouse and/or dependent
identifying information (e.g., name, address, social security number,
VA claims file number, date of birth) and military service
information concerning the veteran sponsor (e.g., dates, branch and
character of service, medical information).
Authority for maintenance of the system:
Title 38, United States Code, Chapter 3, section 210(c)(1), and
Chapter 17, section 613.
Routine uses of records maintained in the system, including
categories of users and the purposes of such uses:
1. Disclosure of eligibility of entitlement to medical benefits
to authorized health care providers under the law in order to assist
the provider in obtaining reimbursement for the services rendered.
2. Transfer of statistical and other data to Federal, State, and
local government agencies and national health organizations to assist
in the development of programs that will be beneficial to health care
recipients, to protect their rights under law, and to assure that
they are receiving all health benefits to which they are entitled.
3. In the event that a system of records maintained by this
agency to carry out is functions indicates a violation or potential
violation of law, whether civil, criminal or regulatory in nature,
and whether arising by general statute or particular program statute,
or by regulation, rule or order issued pursuant thereto, the relevant
records in the system of records may be referred, as a routine use,
to the appropriate agency, whether Federal, State, local or foreign,
charged with the responsibility of investigating or prosecuting such
violation or charged with enforcing or implementing the statute, or
rule, regulation or order issued pursuant thereto.
4. A record from this system of records may be disclosed to a
Federal agency, in the issuance of a security clearance, the
reporting of an investigation of an employee, the letting of a
contract, or the issuance of a license, grant or other benefit by the
requesting agency, to the extent that the information is relevant and
necessary to the requesting agency's decision on the matter.
5. A record from this system of records may be disclosed as a
``routine use'' to a Federal, State or local agency maintaining
civil, criminal or other relevant information, such as current
licenses, if necessary to obtain information relevant to an agency
decision concerning the hiring or retention of an employee, the
issuance of a security clearance, the letting of a contract, or the
issuance of a license, grant or other health, educational or welfare
benefit.
6. Relevant information from this system of records, including
the nature and amount of a financial obligation, may be disclosed as
a routine use, in order to assist the Veterans Administration in the
collection of unpaid financial obligations owed the VA, to a debtor's
employing agency or commanding officer so that the debtor-employee
may be counseled by his or her Federal employer or commanding
officer. This purpose is consistent with 5 U.S.C. 5514, 4 CFR 102.5,
and section 206 of Executive Order 11222 of May 8, 1965 (30 FR 6469).
7. Disclosure may be made to a congressional office from the
record of an individual in response to an inquiry from the
congressional office made at the request of that individual.
8. Disclosure may be made to NARA (National Archives and Records
Administration) GSA (General Services Administration) in records
management inspections conducted under authority of 44 U.S.C. 2904
and 2906.
9. Any relevant information may be disclosed to attorneys,
insurance companies, employers, and to courts, boards, or
commissions; such disclosures may be made only to the extent
necessary to aid the Veterans Administration in preparation,
presentation, and prosecution of claims authorized under Federal,
State, or local laws, and regulations promulgated thereunder.
10. Any information in this system may be disclosed to the United
States Department of Justice or United States Attorneys in order for
the foregoing parties to prosecute or defend litigation involving or
pertaining to the United States.
11. Any information in this system may be disclosed to a Federal
grand jury, a Federal court or a party in litigation, or a Federal
agency or party to an administrative proceeding being conducted by a
Federal agency, in order for the VA to respond to and comply with the
issuance of a Federal subpoena.
12. Any information in this system may be disclosed to a State or
municipal grand jury, a State or municipal court or a party in
litigation, or to a State or municipal administrative agency
functioning in a quasi-judicial capacity or a party to a proceeding
being conducted by such agency, in order for the VA to respond to and
comply with the issuance of a State or municipal subpoena; provided
that any disclosure of claimant information made under this routine
use must comply with the provisions of 38 CFR 1.511.
13. Any information concerning the claimant's indebtedness to the
United States by virtue of a person's participation in a benefits
program administered by the VA, including personal information
obtained from other Federal agencies through computer matching
programs, may be disclosed to any third party, except consumer
reporting agencies, in connection with any proceeding for the
collection of any amount owed to the United States. Purposes of these
disclosures may be to assist the VA in collection of costs of
services provided individuals not entitled to such services and to
initiate legal actions for prosecuting individuals who willfully or
fraudulently obtain Title 38 benefits without entitlement. This
disclosure is consistent with 38 U.S.C. 3301(b)(6).
14. Any relevant information may be disclosed to the Department
of Defense, Office of Civilian Health and Medical Program of the
Uniformed Services (OCHAMPUS) and OCHAMPUS fiscal intermediaries, and
the Defense Eligibility Enrollment Reporting System (DEERS) to the
extent necessary to determine eligibility for CHAMPVA or CHAMPUS
benefits, to develop and process CHAMPVA or CHAMPUS claims, and to
develop cost recovery actions for claims involving individuals not
eligible for the services or claims involving potential third party
liability.
15. The name and address of a veteran or dependent, and other
information as is reasonably necessary to identify such individual,
may be disclosed to a consumer reporting agency for the purpose of
locating the individual or obtaining a consumer report to determine
the ability of the individual to repay an indebtedness to the United
States arising by virtue of the individual's participation in a
benefits program administered by the VA, provided that the
requirements of 38 U.S.C. 3301(g)(2) have been met.
16. The name and address of a veteran or dependent, 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 the VA
may be disclosed to a consumer reporting agency for purposes of
assisting in the collection of such indebtedness, provided that the
provision of 38 U.S.C. 3301(g)(4) have been met.
17. In response to an inquiry about a named individual from a
member of the general public, disclosure of information may be made
from this system of records to report the amount of VA monetary
benefits being received by the individual. This disclosure is
consistent with 38 U.S.C. 3301(c)(1).
18. The name and address of a veteran or dependent may be
disclosed to another Federal agency or to a contractor of that
agency, at the written request of the head of that agency or designee
of the head of that agency for the purpose of conducting government
research necessary to accomplish a statutory purpose of that agency.
19. Any information in this system relevant to a claim of a
veteran or dependent, such as the name, address, the basis and nature
of a claim, amount of benefit payment information, medical
information and military service and active duty separation
information may be disclosed at the request of the claimant to
accredited service organizations, VA approved claims 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 the VA. The name
and address of a claimant will not, however, be disclosed to these
individuals under this routine use if the claimant has not requested
the assistance of an accredited service organization, claims agent or
an attorney.
20. Any information in this system including medical information,
the basis and nature of claim, the amount of benefits and personal
information may be disclosed to a VA Federal fiduciary or a guardian
ad litem in relation to his or her representation of a claimant only
to the extent necessary to fulfill the duties of the VA Federal
fiduciary or the guardian ad litem.
21. The individual's name, address, social security number and
the amount (excluding interest) of any indebtedness which is waived
under 38 U.S.C. 3102, compromised under 4 CFR part 103, otherwise
forgiven, or for which the applicable statute of limitations for
enforcing collection has expired, may be disclosed to the Treasury
Department, Internal Revenue Service, as a report of income under 26
U.S.C. 61(a)(12).
22. The name of a veteran or dependent, other information as is
reasonably necessary to identify such individual, and any other
information concerning the individual's indebtedness by virtue of a
person's participation in a benefits program administered by the VA,
may be disclosed to the Treasury Department, Internal Revenue
Service, for the collection of Title 38, U.S.C. benefit overpayments,
overdue indebtedness, and/or costs of services provided to an
individual not entitled to such services, by the withholding of all
or a portion of the person's Federal income tax refund.
Policies and practices for storing, retrieving, accessing,
retaining and disposing of records in the system:
Storage:
Records are stored in paper folders, magnetic discs, magnetic
tape, and as digitized image.
Retrievability:
Paper records are retrieved by name or VA claims file number or
social security number of the veteran sponsor. Computer and digitized
image records are retrieved by name or social security number of the
the veteran sponsor, spouse, and/or dependent, or VA claims file
number of the veteran sponsor, or by claims processing control
number.
Safeguards:
Records are stored in locked file cabinets or locked rooms.
Generally, file areas are locked after normal duty hours and the
premises are protected from outside access by Federal Protective
Service or other security personnel as well as electronic intrusion
alarm systems. Access to working spaces and record storage areas is
restricted to VA employees on a ``need-to-know'' basis. Access to the
computer room is generally limited by appropriate locking devices and
restricted to authorized VA employees and vendor personnel. ADP
peripheral devices are generally placed in secure areas (areas that
are locked or have limited access) or are otherwise protected.
Information in the computer system may be accessed by authorized VA
employees by a series of individually unique passwords/codes.
Retention and disposal:
Records are maintained during the period of time the spouse or
dependent is eligible for CHAMPVA and destroyed 90 days after the
eligibility is terminated.
System manager(s) and address: Director, Medical Administration
Service, (136), VA Central Office, Washington, DC 20420.
Notification procedure:
An individual who wishes to determine whether a record is being
maintained in this system under his or her name or other personal
identifier, or wants to determine the contents of such record, should
submit a written request or apply in person to the Director, CHAMPVA
Center, 4500 Cherry Creek Drive, Box 64, Denver, Colorado 80222.
Inquiries should include the veteran sponsor's full name and social
security and VA claims file numbers, and the spouse or dependent's
name, social security number and return address.
Record access procedures:
An individual who seeks acess to records maintained under his or
her name in this system may write or visit the Director, CHAMPVA
Center.
Contesting record procedures: (See Record Access Procedures above.)
Record source categories:
The veteran sponsor, spouse and/or dependent, military service
departments, private medical facilities and health care
professionals, Department of Defense, Office of Civilian Health and
Medical Program of the Uniform Services and CHAMPUS fiscal
intermediaries, DoD Defense Eligibility Enrollment Reporting System
(DEERS), other Federal agencies, VA regional offices, and Department
of Veterans Benefits automated record systems.
55VA26
System name: Loan Guaranty Home, Condominium and Manufactured
Home Loan Applicant Records, Specially Adapted Housing Applicant
Records, and Vendee Loan Applicant Records--VA.
System location:
Records are maintained at the VA Central Office, the regional
offices, medical and regional office centers, VA offices and VA data
processing centers. These records generally will be maintained by the
regional office, medical and regional office center or VA office
having jurisdiction over the geographic area in which the property
securing a VA guaranteed, insured or direct loan or on which a
specially adapted housing grant has been issued is located and at the
Servicing Data Processing Centers at Hines, Illinois; Austin, Texas;
and St. Paul, Minnesota. Records may be temporarily transferred
between fields stations or to VA Central Office for necessary
appeals, reviews, or quality control reviews. Address locations are
listed in VA Appendix I. Records provided to the Department of
Housing and Urban Development (HUD) for inclusion on its Credit Alert
Interactive Voice Response System (CAIVRS) are located at a data
processing center under contract to HUD at Reston, Virginia.
Categories of individuals covered by the system:
The following categories of individuals will be covered by this
system: (1) Disabled veterans who have applied for and received
specially adapted housing assistance under title 38, United States
Code, chapter 21; (2) veterans, their spouses or unmarried surviving
spouses who have applied for and received VA housing credit
assistance under title 38, United States Code, chapter 37; (3)
person(s) applying to purchase VA owned properties (vendee loans);
(4) transferee owners of properties encumbered by a VA-guaranteed,
insured, direct or vendee loan (e.g., individuals who have assumed a
VA-guaranteed loan and those who have purchased property directly
from the VA); and (5) individuals other than those identified above
who may have applied for loan guaranty benefits.
Categories of records in the system:
Records (or information contained in records) may include the
following: (1) Military service information from a veteran's
discharge certificate (DD Form 214, 215) which specifies name,
service number, date of birth, rank, period of service, length of
service, branch of service, pay grade, and other information relating
to a veteran's military service (e.g., character of service, assigned
separation reason code, whether a veteran is out of the service); (2)
medical records containing specific information regarding a veteran's
physical disability (e.g., blindness, paraplegic condition, loss of
limbs) which is used to determine eligibility and need for specially
adapted housing. Adjudication records relating to: (a) Medical
determinations by the VA that a veteran is eligible and needs
specially adapted housing; or (b) VA determinations on whether a
veteran who has received an other than honorable discharge should be
eligible for VA credit assistance benefits; (3) applications for
certificates of eligibility (these applications generally contain
information from a veteran's military service records except for
character of discharge); (4) applications for FHA veterans' low-
downpayment loans (these applications generally contain information
from a veteran's military service records including whether or not a
veteran is in the service); (5) applications for a guaranteed or
direct loan, applications for release of liability, applications for
substitutions of VA entitlement and applications for specially
adapted housing (these applications generally contain information
relating to employment, income, credit, personal data; e.g., social
security number, marital status, number and identity of dependents;
assets and liabilities at financial institutions, profitability data
concerning business of self-employed individuals, information
relating to an individual veteran's loan account and payment history
on a VA-guaranteed, direct, or vendee loan on an acquired property,
medical information when specially adapted housing is sought, and
information regarding whether a veteran owes a debt to the United
States) and may be accompanied by other supporting documents which
contain the above information; (6) applications for the purchase of a
VA acquired property (e.g., vendee loans--these applications
generally contain personal and business information on a prospective
purchaser such as social security number, credit, income, employment
history, payment history, business references, personal information
and other financial obligations and may be accompanied by other
supporting documents which contain the above information); (7) loan
instruments including deeds, notes, installment sales contracts, and
mortgages; (8) property management information; e.g., condition and
value of property, inspection reports, certificates of reasonable
value, correspondence and other information regarding the condition
of the property (occupied, vandalized), and a legal description of
the property; (9) information regarding VA loan servicing activities
regarding default, repossession and foreclosure procedures,
assumability of loans, payment of taxes and insurance, filing of
judgments (liens) with State or local authorities and other related
matters in connection with active and/or foreclosed loans; and (10)
information regarding the status of a loan (i.e., approved, pending
or rejected by the VA).
Authority for maintenance of the system:
Title 38, United States Code, chapter 3, section 210(c)(1); title
38, United States Code, chapters 21 and 37.
Routine uses of records maintained in the system, including
categories of users and the purposes of such uses:
1. The record of an individual who is covered by this system may
be disclosed to a member of Congress or staff person acting for the
member when the member or staff person requests the record on behalf
of and at the request of that individual.
2. Any information in this system, except for the name and
address of a veteran, which is relevant to a suspected violation or
reasonably imminent violation of law, whether civil, criminal or
regulatory in nature and whether arising by general or program
statute or by regulation, rule or order issued pursuant thereto, may
be disclosed to a Federal, State, local or foreign agency charged
with the responsibility of investigating or prosecuting such
violation, or charged with enforcing or implementing the statute,
rule, regulation or order issued pursuant thereto.
3. The name and address of a veteran, which is relevant to a
suspected violation or reasonably imminent violation of law, whether
civil, criminal or regulatory in nature and whether arising by
general or program statute or by regulation, rule or order issued
pursuant thereto, may be disclosed to a Federal agency charged with
the responsibility of investigating or prosecuting such violation, or
charged with enforcing or implementing the statute, regulation, rule
or order issued pursuant thereto, in response to its official
request.
4. The name and address of a veteran, which is relevant to a
suspected violation or reasonably imminent violation of law
concerning public health or safety, whether civil, criminal or
regulatory in nature and whether arising by general or program
statute or by regulation, rule or order issued pursuant thereto, may
be disclosed to any foreign, State or local government agency or
instrumentality charged under applicable law with the protection of
the public health or safety if a qualified representative of such
organization, agency or instrumentality has made a written request
that such name and address be provided for a purpose authorized by
law.
5. Any information in this system, such as the name and address
of a veteran or the veteran's spouse, and the property address may be
disclosed to credit reporting agencies, companies extending credit,
depository institutions, utility companies, investors, insurance
companies, governmental agencies, lenders, and employers to enable
such parties to provide the VA with information regarding income,
credit, assets and liabilities information on applicants, mortgagors,
or obligors and to provide the VA with information regarding the
status of obligations, payment records, employment histories, assets
for closing fees and other assets and liabilities.
6. Information on the application for a guaranteed or direct
loan, and on the certificate of reasonable value and information
verifying an applicant's employment and/or amount of deposit in a
financial institution, may be disclosed to a prospective mortgagee
proposing to make a guaranteed loan on the veteran applicant's
behalf.
7. Information regarding the status (i.e., approved, pending, or
rejected) or an application for VA loan benefits or for a loan
account and the reasons for rejection may be disclosed to a
prospective lender. When the VA has rejected a loan application, the
information disclosed may include information from another VA record
such as a debt which the veteran owes to the United States or
information from a claims file relating to a veteran's ability to
discharge an obligation.
8. Only the fact that the loan has been approved, rejected, or is
pending may be disclosed to a seller, a spouse of a seller, or the
spouse of the veteran-applicant who is an actual party in interest to
the guaranteed, insured or direct loan transaction in order to inform
such party of the status of the loan application. However, a
statement of the reason for rejection of the loan may also be
provided to the spouse of the veteran-applicant, if the spouse is a
joint applicant for the loan or would be jointly liable on the loan.
9. Any information on the application for a VA-acquired property
(vendee loan) concerning a prospective purchaser may be disclosed to
a broker aiding in the sale of a VA-acquired property in order that
the broker may assist the prospective purchaser in completing his or
her application. Such information may include an explanation of
specific loan document discrepancies or specific information on
income or credit.
10. Information on the status (i.e., the payment record), of a
guaranteed, insured, direct, or VA-acquired property (vendee) loan
account(s) may be disclosed to persons or organizations extending
credit or providing services or other benefits to the obligor, or
persons or organizations considering the extension of credit,
services or other benefits to the potential obligor provided the
name, address, or other information necessary to identify the obligor
is given beforehand by the requester.
11. The name and address of an obligor (e.g., an individual who
has obtained a VA-guaranteed loan or purchased a VA property), and
the account number (insurance, tax number) may be disclosed to hazard
insurance companies and real estate taxing authorities to obtain
billings and to authorize payments of such obligations as they become
due from the direct and vendee (portfolio) loan escrow accounts.
12. Information as to the acceptability or nonacceptability of a
prospective purchaser preparing to assume liability to VA under a
mortgage contract or of a prospective purchaser preparing to
substitute loan guaranty entitlement for the party presently
obligated may be disclosed to parties presently liable on a VA loan,
loan guaranty or loan insurance agreement. In addition, the
acceptability or nonacceptability of a transferee owner may be
disclosed to parties presently liable on a VA loan, loan guaranty or
loan insurance agreement, for the purpose of releasing the original
veteran borrower, or a veteran who substituted loan guaranty
entitlement for the original veteran borrower, from liability. The
reason(s) for nonacceptability of the prospective loan assumer or
transferee or of a purchaser/transferee (e.g. poor credit history,
insufficient income and/or debts owed the U.S.) may also be disclosed
to parties presently liable on a VA loan, loan guaranty or loan
insurance agreement in order to inform the parties presently liable
of the reasons for the nonacceptability.
13. Information on the default status of a delinquent loan
account (e.g., amount of payments in arrears, number of months in
arrears, what efforts the VA has taken to service the loan, condition
of the property, repayment schedule, and total amount of debt) may be
disclosed to prior owners remaining contingently liable for
indebtedness to permit prior owners to take necessary action(s) to
protect their interest where loan liquidation is indicated and to
prevent a possible debt to the Government which may be placed against
the prior owner.
14. Any information in this system such as current obligor, prior
obligors, debt outstanding, current credit reports containing an
obligor's name and address and date(s) and cause of the default, and
loan account information (e.g., loan account number, property
condition, legal description, date loan issued, amount of loan and
amount in arrears) may be disclosed to the U.S. Department of Justice
or United States Attorneys in order for the Department of Justice of
U.S. Attorneys to liquidate a defaulted loan by judicial process, and
take title on the foreclosed property in accordance with State law.
Any information in this system may also be disclosed to the
Department of Justice or U.S. Attorneys in order for the foregoing
parties to prosecute or defend litigation involving or pertaining to
the United States. Any relevant information in this system may also
be disclosed to other Federal agencies upon their request in
connection with review of administrative tort claims and potential
tort claims filed under the Federal Tort Claims Act, 28 U.S.C. 2672,
the Military Claims Act, 10 U.S.C. 2733, and other similar claims
statutes.
15. Loan account information (e.g., loan account number, property
condition, legal description of property, date loan issued, amount of
loan and amount in arrears), current credit reports containing name
and address of an obligor and the cause and date(s) of default may be
disclosed to the General Accounting Office (GAO) to enable the GAO to
pursue necessary collection activities and obtain a judgment against
the obligor(s).
16. Any information in a direct or vendee loan account record may
be disclosed to active investors purchasing or considering the
purchase of VA direct or vendee loans from VA or from a previous
investor. Such information will be furnished to active prospective
investors to provide a basis for their submitting an offer to
purchase loans and to actual investors in order that they may
establish loan accounts on purchased loans. Such information may also
be disclosed to financial advisors to assist VA in developing
strategies for marketing these loans, and to investment bankers, bond
rating agencies, other government agencies, private mortgage
insurance companies, bonding companies, master servicers, and others
involved in the marketing or sale of vendee loans, including legal
counsel, accountants and auditors for such entities.
17. Any information in this system, including the nature and
amount of a financial obligation, may be disclosed to a debtor's
Federal employing agency or commanding officer so that the debtor-
employee may be counseled by his or her Federal employer or
commanding officer and to assist in the collection of unpaid
financial obligations owed the U.S. This purpose is consistent with 5
U.S.C 5514, 4 CFR 102.5, and section 206 of Executive Order 11222 of
May 8, 1965 (30 FR 6469).
18. Any information in this system may be disclosed to a guardian
ad litem in relation to the guardian's representation of a veteran in
any legal or administrative proceeding so long as the disclosure is
for the benefit of the veteran.
19. Any information in this system such as available identifying
information regarding the debtor(s), name of debtor(s) spouse, social
security account number of debtor(s), VA insurance number(s), VA loan
number(s), VA claim number(s), place(s) of birth and date(s) of birth
of debtor(s), name(s) and address(es) of debtor(s) employer(s), and
dates of employment may be disclosed to other Federal agencies, State
probate courts, State drivers license bureaus, and State automobile
title and license bureaus in order for the VA to obtain current name,
address, locator and credit report assistance in the collection of
unpaid financial obligations owed to the United States. This purpose
is consistent with the Federal Claims Collection Act of 1966 (Pub. L.
89-508, 31 U.S.C. 951-953 and 4 CFR parts 101-105), and the
disclosure is authorized by 38 U.S.C. 3301(b)(6).
20. Any information in this system, such as a loan applicant's or
a defaulted obligor's (i.e., a defaulted obligor is an individual
that has not performed one or more of the required obligations under
the terms of the loan instruments) name and address, property
address, balance of debt, amount of debt owed per month, loan account
number, credit reports and reasons for notice to quit, may be
disclosed to fee attorneys, fee appraisers, management brokers,
process servers, subordinate lienholders, title companies, and
abstractors for the purposes of loan approval or loan termination of
direct or vendee loans by judicial or nonjudicial means, to obtain
possession of VA property in cases of default or Foreclosure to issue
and post Demands for Possession or Notices to Quit, to file judgments
(liens) in accordance with State and local law and to carry out all
other necessary VA program responsibilities. VA fee attorneys may
disclose record information contained therein to title insurance
companies and title agents, for Trustee's sale advertisements, and to
subordinate lienholders. This disclosure authority by VA fee
attorneys is consistent with 38 U.S.C. 3301 (e) and (h).
21. An obligor's social security number and other information
regarding the filing of judgments (liens) may be disclosed to
appropriate State and local authorities in order to conform to State
and local law requirements and to assist the VA and State and local
authorities in identifying VA judgment debtors on State and local
judgment records. This disclosure is consistent with 38 U.S.C.
3301(b)(6).
22. Any information in this system relating to the adjudication
of incompetency of a veteran either by a court of competent
jurisdiction or by the VA may be disclosed to a lender or prospective
lender extending credit or proposing to extend credit on behalf of a
veteran in order for the VA to protect incompetent veterans from
entering into unsound financial transactions which might deplete the
resources of the veteran and to protect the interests of the
Government giving credit assistance to a veteran.
23. Any information in this system may be disclosed to a Federal
Grand jury, a Federal court or a party in litigation, or a Federal
agency or party to an administrative proceeding being conducted by a
Federal agency, in order for the VA to respond to and comply with the
issuance of a Federal subpoena.
24. Any information in this system may be disclosed to a State or
municipal court or a party in litigation; or to a State or municipal
grand jury, a State or municipal administrative agency functioning in
a quasi-jurdicial capacity or a party to a proceeding being conducted
by such agency, in order for the VA to respond to and comply with the
issuance of a State or municipal subpoena; provided, that any
disclosure of claimant information made under this routine use must
comply with the provisions of 38 CFR 1.511.
25. Any information concerning the veteran's indebtedness to the
United States by virtue of a person's participation in a benefits
program administered by the VA, including personal information
obtained from other Federal agencies through computer matching
programs, may be disclosed to any third party, except consumer
reporting agencies, in connection with any proceeding for the
collection of any amount owed to the United States. Purposes of these
disclosures may be (a) to assist the VA in collection of title 38
benefit overpayments, overdue indebtedness, and/or costs of services
provided individuals not entitled to such services, and (b) to
initiate legal actions for prosecuting individuals who willfully or
fraudulently obtained title 38 benefits without entitlement. This
disclosure is consistent with 38 U.S.C. 3301(b)(6).
26. The name and address of an obligor, other information as is
reasonably necessary to identify such person, including personal
information obtained from other Federal agencies through computer
matching programs, and any information concerning such person's
delinquency or default on a loan made or guaranteed by the VA may be
disclosed to a consumer reporting agency for purposes of reporting
delinquencies, defaults and indebtedness and assisting in the
collection of such indebtness, provided that the provisions of 38
U.S.C. 3301(g)(4) have been met.
27. Any information in this system, except for the name and
address of a veteran, may be disclosed to a Federal agency in order
for the VA to obtain information relevant to the making, insuring, or
guaranteeing of a loan under chapter 37 of title 38 U.S.C. The name
and address of a veteran may be disclosed to a Federal agency under
this routine use if they are required by the Federal agency to
respond to the VA inquiry.
28. The name of a veteran, or other beneficiary, other
information as is reasonably necessary to identify such individual,
and any other information concerning the individual's indebtedness by
virtue of a person's participation in a benefits program administered
by the VA, may be disclosed to the Treasury Department, Internal
Revenue Service, for the collection of Title 38, U.S.C. benefit
overpayments, overdue indebtedness, and/or costs of services provided
to an individual not entitled to such services, by the withholding of
all or a portion of the person's Federal income tax refund.
29. Any information in the system may be disclosed to the
Department of the Treasury, Internal Revenue Service, where required
by law, including the borrower's name, address, social security or
taxpayer identification number, amount of interest paid, and
informaiton relating to any abandonment or foreclosure of a property.
30. Any information on a property which has been acquired by VA
such as loan number, property address, property survey, title
limitations/policy, termite inspections, existing warranties, repairs
made by VA and items still requiring repair, and dues payable to and
services provided by homeowner or condominum associations may be
disclosed to prospective purchasers and their representatives in
order to assist VA in the timely disposal of its acquired preperties.
Such information may include the name of the purchaser and
purchaser's sales agent, price and terms of the successful offeror's,
along with the reason(s) for selecting such offer over any other
competing offer.
31. Any information in the system may be disclosed to the lender
or holder of a VA guaranteed loan, or their attorneys, in support of
a decision by VA to reject a claim under guaranty, demand
reimbursement for a claim previously paid, or in the course of
settlement negotiations. When a demand for reimbursement will be made
against a party other than the lender or holder, such as the real
estate broker, fee appraiser or seller of the property, the
information may be disclosed to the party and its attorneys.
32. The social security number and loan account number of all
persons with VA-guaranteed and portfolio loans which fall under one
of the following categories: (a) The accounts are not current; (b)
there has been a foreclosure; or (c) the Department has paid a claim,
may be provided to the Department of Housing and Urban Development
for inclusion in its Credit Alert Interactive Voice Response System
(CAIVRS). Information included in this system may be disclosed to all
participating agencies and lenders who participate in the agencies'
programs to enable them to verify information provided by new loan
applicants and evaluate the creditworthiness of applicants. These
records may also be disclosed as part of an ongoing computer matching
program to accomplish these purposes.
33. Relevant loan guaranty record information may be disclosed to
any individual, organization, or other entity with whom VA has a
contract or agreement under which that entity will perform services
to assist VA in the administration of the Loan Guaranty Program. The
information that may be disclosed under this routine use is limited
to that which is necessary to permit the contractor to perform the
services required under the contract or agreement.
Policies and practices for storing, retrieving, accessing,
retaining, and disposing of records in the system:
Storage:
VA-guaranteed, insured, direct and vendee loan records are
maintained in individual folders on paper documents and on automated
storage media (i.e, microfilm, microfiche, magnetic tape and magnetic
disks.)
Retrievability:
All VA loan applications and loan records are indexed by name and
VA loan file number in the local VA office having jurisdiction over
the geographic area in which the property is located. Automated
records are indexed for statistical purposes by a file number, field
station and county code number and lender identification number.
However, an individual loan record in automated format may only be
retrieved by name or loan number. Records in CAIVRS may only be
retrieved by social security number.
Safeguards:
Access to VA working spaces and record file storage areas is
restricted to VA employees on a ``need to know'' basis. Generally, VA
file areas are locked after normal duty hours and are protected from
outside access by the Federal Protective Service or other VA security
personnel. Loan and property security instruments are stored in
separate fire resistant locked files. VA employee loan file records
and other files which, in the opinion of VA, are, or may become,
sensitive are stored in separate locked files.
Information in the system may be accessed from authorized
terminals in the VA telecommunications network. Terminal locations
include VA Central Office and regional offices. Access to terminals
is by authorization controlled by the site security officer. The
security officer is assigned responsibility for privacy-security
measures, especially for review of violations logs, information logs
and control of password and badge readers and audible alarms.
Electronic keyboard locks are activated on security errors. Also,
beginning in 1986, sensitive files were established using the social
security numbers of the VA Veterans Benefits Administration employees
and other prominent individuals to prevent indiscriminate access to
their automated records.
At the data processing centers, identification of magnetic tape
and disks containing data is rigidly enforced using labeling
techniques. Automated storage media which are not in use are stored
in tape libraries which are secured in locked rooms. Access to
programs is controlled at three levels: Programming, auditing, and
operations. Access to data processing centers is generally restricted
to center employees, custodial personnel, Federal Protective Service
and other security personnel. Access to computer rooms is restricted
to authorized operational personnel through electronic locking
devices. All other persons gaining access to computer rooms are
escorted.
Access to the data processing center where HUD maintains CAIVRS
is generally restricted to center employees, authorized HUD employees
and authorized subcontractors. Access to computer rooms is restricted
to authorized operational personnel through electronic locking
devices. All other persons gaining access to computer rooms are
escorted.
Files in CAIVRS use social security numbers as identifiers.
Access to information in files is restricted to authorized employees
of participating agencies and authorized employees of lenders who
participate in the agencies' programs. Access is controlled by agency
distribution of passwords. Information in the system may be accessed
by use of a touchtone telephone by authorized agency and lender
employees on a ``need to know'' basis.
Retention and disposal:
Records in individualized case folder concerning active VA
guaranteed or insured loans are retained at the VA servicing facility
for up to three years and forwarded to the Federal Archives and
Records Center (FARC) where they are retained up to thirty-three
years and then destroyed. Active direct loan case folders are
retained at the VA servicing facility until the case becomes
inactive, e.g., existing loan balance is paid in full.
Inactive guaranteed and direct loan folders are forwarded to the
FARC annually, retained for five years and then destroyed. Vendee
loan records being maintained in case folders are kept at the VA
servicing facility until five years after the case becomes inactive
and are then destroyed. Specially adapted housing (SAH) records are
maintained either at VA Central Office (VACO) and/or the VA servicing
facility. Once SAH records are closed, SAH records at VACO are
maintained for one year and then sent to the FARC where they are
retained for thirty years and then destroyed. Closed SAH records
maintained at regional offices are maintained for ten years and then
destroyed. Generally, automated records (e.g., computer lists, discs,
and microfiche) are maintained for up to five years and then
destroyed. Destruction of records is accomplished by shredding,
burning, and/or erasure.
File information for CAIVRS is provided to HUD by VA on magnetic
tape. After information from the tape has been read into the computer
the tape is returned to VA for updating. HUD does not keep separate
copies of the tape.
System manager(s) and address:
Director, Loan Guaranty Service (26), VA Central Office,
Washington, DC 20420.
Notification procedure:
An individual who wishes to determine whether a record is being
maintained in this system under his or her name or other personal
identifier or wants to determine the contents of such record should
submit a written request or apply in person to the nearest Veterans
Administration regional office or center. Addresses for VA regional
offices and centers may be found in VA Appendix 1 at the end of this
document. All inquiries must reasonably identify the benefit or
system of records involved, i.e.; Loan Guaranty. Inquiries should
include the individual's full name, VA file number or loan number. If
the VA file or loan number is not available, then as much of the
following information as possible should be forwarded: Address of the
property secured by a VA-guaranteed, insured or portfolio loan, owner
or former owners of the property, name of lender and lender's loan
number, branch of service, service number or social security number.
Some of the records in this system are exempt from the notification
requirement under 5 U.S.C. 552a(k). To the extent that records in
this system of records are not subject to exemption, they are subject
to notification. A determination as to whether an exemption applies
shall be made at the time a request for notification is received.
Record access procedures:
An individual who seeks access to or wishes to contest records
maintained under his or her name in this system may write, call or
visit the nearest Veterans Administration regional office or center.
Address locations are listed in VA Appendix 1 at the end of this
document. However, some of the records in this system are exempt from
the record access and contesting requirements under 5 U.S.C. 552a(k).
To the extent that records in this system of records are not subject
to exemption, they are subject to access and contest. A determination
as to whether an exemption applies shall be made at the time a
request for access or contest is received.
Contesting record procedures:
(See Record access procedures above.)
Record source categories:
The VA records in this system are obtained from the applicant,
lenders, brokers and builder/sellers, an applicant's credit sources,
depository institutions and employers, hazard insurance companies,
taxing authorities, title companies, fee personnel, other VA records,
other Federal, State and local agencies, and other parties of
interest involving VA-guaranteed, insured, vendee or direct loans or
specially adapted housing.
Systems exempted from certain provisions of the act:
The Administrator of Veterans Affairs has exempted this system of
records from the following provisions of the Privacy Act of 1974, as
permitted by 5 U.S.C. 552a(k)(2).
5 U.S.C. 552a(c)(3)
5 U.S.C. 552a(d)
5 U.S.C. 552a(e)(1)
5 U.S.C. 552a(e)(4)(G), (H) and (I)
5 U.S.C. 552a(f)
Reasons for exemptions: The exemption of information and material
in this system fo records is necessary in order to accomplish the law
enforcement functions of the Loan Guaranty Service to prevent
subjects of internal audit investigations for potential fraud and
abuse in the VA Loan Guaranty Program from frustrating the
investigatory process, to fulfill commitments made to protect the
confidentiality of sources, to maintain access to sources of
information and to avoid endangering these sources.
57VA125
System name: Voluntary Service Records-VA.
System location: Records are maintained at each of the VA health
care facilities and data processing centers. Active records are
retained at the facility where the individual has volunteered to
assist the administrative and professional personnel and at the data
processing centers. Address locations are listed in VA Appendix 1,
``Addresses of Veterans Administration Facilities'' published
September 7, 1976 (41 FR 37718).
Categories of individuals covered by the system: Non-affiliated
volunteers and members of voluntary service organizations; welfare,
service, veterans, fraternal, religious, civic, industrial, labor,
and social groups or clubs which voluntarily offer the services of
their organizations to patients through VA Voluntary Service under
Title 38, United States Code, Section 213.
Categories of records in the system: Administrative records
containing personal information about the individual making
application to become a volunteer in a VA health care facility.
Information relating to the individual medical history, membership in
service organization, qualifications, restrictions and preferences of
duty and availability to schedule time of service.
Authority for maintenance of the system: Title 38, United States
Code, Section 213.
Routine uses of records maintained in the system, including
categories of users and the purposes of such uses:
1. In the event that a system of records maintained by this
agency to carry out its functions indicates a violation or potential
violation of law, whether civil, criminal or regulatory in nature,
and whether arising by general statute or particular program statute,
or by regulation, rule or order issued pursuant thereto, the relevant
records in the system of records may be referred, as a routine use,
to the appropriate agency, whether Federal, State, local or foreign,
charged with the responsibility of investigating or prosecuting such
violation or charged with enforcing or implementing the statute, or
rule, regulation or order issued pursuant thereto.
2. To confirm volunteer service, duty schedule, and assignments
to the Bureau of Unemployment, service organizations, insurance
firms, office of personnel of the individual's full-time employment;
to assist in the development of the Veterans Administration history
of the volunteer and his/her assignments; and, to confirm voluntary
hours for on-the-job accidents, and for recognition awards.
3. Disclosure may be made to a congressional office from the
record of an individual in response to an inquiry from the
congressional office made at the request of that individual.
4. Disclosure may be made to NARA (National Archives and Records
Administration) GSA (General Services Administration) in records
management inspections conducted under authority of 44 U.S.C. 2904
and 2906.
Policies and practices for storing, retrieving, accessing,
retaining, and disposing of records in the system:
Storage: (a) Paper documents; (b) X-ray; (c) punch cards; (d)
magnetic tapes; (e) magnetic disk packs.
Retrievability: (a) All volunteer applications are filed by name
and social security number or pseudo SSN and cross-referenced under
organization they represent; (b) Medical histories and X-rays by name
and social security number or pseudo SSN.
Safeguards: Physical Security: Access to VA working space and
medical record storage areas and data processing centers is
restricted to VA employees on a ``need to know'' basis. Generally, VA
file areas are locked after normal duty hours and are protected from
outside access by the Federal Protective Service. Employee file
records of public figures or otherwise sensitive medical record files
are stored in separate locked files. Access to the ARS network
equipment is restricted since it is in the communications center of
the facility. Strict control measures are enforced to ensure that
disclosure is limited to a ``need to know'' basis.
Retention and disposal: The individual volunteer's record of
service is maintained by the Veterans Administration health care
facility and data processing centers as long as he or she is living
and actively participating in the VAVS program, or until he or she
irrevocably removes himself or herself from further participation in
the VAVS program, or is removed from the VAVS program for cause.
System manager(s) and address: Director, Voluntary Service, (125),
Veterans Administration, VA Central Office, Washington, DC 20420.
Notification procedure: Individuals seeking information concerning
the existence and content of a volunteer's service record pertaining
to themselves must submit a written request or apply in person to the
VA health care facility where their voluntary service was
accomplished. All inquiries must reasonably identify the portion of
the volunteer`s service folder and approximate the dates of service
to the facility. Inquiries should include the volunteer's name,
social security number or pseudo SSN, organization represented, date
of birth, last address while serving as a volunteer to the VA.
Record access procedures: Volunteers, dependents, survivors or duly
authorized representatives seeking information regarding access to
and contesting of VA Voluntary Service records may contact the Chief,
Voluntary Service, Veterans Administration health care facility where
individual was a voluntary worker.
Contesting record procedures: See Record access procedures above.
Record source categories: 1. The volunteer, his/her family. 2.
Civic and service organization. 3. Private physician. 4. VA health
care facility.
58VA21/22
System name: Compensation, Pension, Education and Rehabilitation
Records-VA.
System location:
Records are maintained at the VA regional offices, the VA Records
Processing Center, St. Louis, Missouri and the Data Processing Center
at Hines, Illinois, with subsidiary accounts receivable records
located at the Data Processing Center at St. Paul, Minnesota. Active
records are generally maintained by the regional offices having
jurisdiction over the domicile of the claimant. Address locations are
listed in the VA Appendix I. The automated individual employee
productivity records are temporarily maintained at the VA data
processing facility serving the office in which the employee is
located. The paper record is maintained at the VA regional office
having jurisdiction over the employee who processed the claim.
Records provided to the Department of Housing and Urban Development
(HUD) for inclusion on its Credit Alert Interactive Voice Response
System (CAIVRS) are located at a data processing center under
contract to HUD at Reston, Virginia.
Categories of individuals covered by the system:
The following categories of individuals will be covered by this
system.
1. Veterans who have applied for compensation for service-
connected disability under 38 U.S.C. Chapter 11.
2. Veterans who have applied for nonservice-connected disability
under 38 U.S.C. chapter 23.
3. Veterans entitled to burial benefits under 38 U.S.C. chapter
15.
4. Surviving spouses and children who have claimed pension based
on service-connected death of a veteran under 38 U.S.C. chapter 15.
5. Surviving spouses and children who have claimed pension based
on service-connected death of a veteran under 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
38 U.S.C. chapter 13.
7. Parents who have applied for death compensation based on
service-connected death of a veteran under 38 U.S.C. chapter 11.
8. Parents who have applied for dependency and indemnity
compensation for service-connected death of a veteran under 38 U.S.C.
chapter 13.
9. Veterans who have applied for VA educational benefits under 38
U.S.C. chapters 31, 32, and 34.
10. Spouses, surviving spouses and children of veterans who have
applied for VA educational benefits under 38 U.S.C. chapter 35.
11. Service members who have applied for educational benefits
under 38 U.S.C. chapters 34 and 35.
12. Service members who have contributed money from their
military pay to the Post-Vietnam Era Veterans Education Account under
38 U.S.C. chapter 32.
13. Individuals who have applied for title 38 benefits but who do
not meet the requirements under 38 U.S.C. to receive such benefits.
14. Veterans, service members, spouses, surviving spouses and
dependent children who have applied for benefits under the
Educational Assistance Test program under sections 901 and 903 of
Pub. L. 96-342.
15. 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, Pub. L. 98-77.
16. Veterans, service members and eligible reservists who apply
for benefits under 38 U.S.C. chapter 30.
17. Eligible members of the Selected Reserve who apply for
benefits under 10 U.S.C. chapter 106.
18. Any VA employee who generates or finalizes adjudicative
actions using the TARGET computer processing.
19. 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, Pub. L.
102-484.
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, whether veteran was discharged
with a disability, served in Vietnam Conflict, reenlisted, received a
Purple Heart of 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
nonpaydays, 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
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., martial
status, name and address of dependents, occupation, amount of
education of a veteran or a dependent, dependent's relationship to
veteran); education benefit information (e.g., information arising
from utilization or 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 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).
The VA employee's Target Access Card number, the number and kind
of actions generated and/or finalized by each such employee, the
compilation of cases returned for each employee.
Authority for maintenance of the system:
Title 38, United States Code, section 210(c) and Chapters 11, 13,
15, 31, 34, 35, and 36.
Routine uses of records maintained in the system, including
categories of users and the purposes of such uses:
1. The record of an individual who is covered by this system may
be disclosed to a member of Congress or staff person acting for the
member when the member or staff person requests the record on behalf
of and at the request of that individual.
2. Any information in this system may be disclosed to a Federal
agency, upon its official request, to the extent that it is relevant
and necessary to that agency's decision regarding: The hiring,
retention or transfer of an employee; the issuance of a security
clearance, the letting of a contract, or the issuance or continuance
of a license, grant or other benefit given by that agency. However,
in accordance with an agreement with the U.S. Postal Service,
disclosures to the U.S. Postal Service for decisions concerning the
employment of veterans will only be made with the veteran's prior
written consent.
3. Any written information in this system may be disclosed to a
State or local agency, upon official request, to the extent that it
is relevant and necessary to that agency's decision on: The hiring,
retention or transfer of an employee, the issuance of a security
clearance, the letting of a contract, or the issuance or continuance
of a license, grant or other benefit by that agency; provided, that
if the information pertains to a veteran, the name and address of the
veteran will not be disclosed unless the name and address is provided
first by the requesting State or local agency.
4. Any information in this system, except for the name and
address of a veteran, which is relevant to a suspected violation or
reasonably imminent violation of law, whether civil, criminal or
regulatory in nature and whether arising by general or program
statute or by regulation, rule or order issued pursuant thereto, may
be disclosed to a Federal, State, local or foreign agency charged
with the responsibility of investigating or prosecuting such
violation, or charged with enforcing or implementing the statute,
rule, regulation or order issued pursuant thereto.
5. The name and address of a veteran, which is relevant to a
suspected violation or reasonably imminent violation of law, whether
civil, criminal or regulatory in nature and whether arising by
general or program statute or by regulation, rule or order issued
pursuant thereto, may be disclosed to a Federal agency charged with
the responsibility of investigation or prosecuting such violation or
charged with enforcing or implementing the statute, regulation, rule
or order issued pursuant thereto, in response to its official
request.
6. The name and address of a veteran, which is relevant to a
suspected violation or reasonably imminent violation of law
concerning public health or safety, whether civil, criminal or
regulatory in nature and whether arising by general or program
statute or by regulation, rule or order issued pursuant thereto, may
be disclosed to any foreign, State or local governmental agency or
instrumentality charged under applicable law with the protection of
the public health or safety if a qualified representative of such
organization, agency or instrumentality has made a written request
that such name and address be provided for a purpose authorized by
law.
7. The name, address, entitlement code (e.g., compensation or
pension), period(s) of service, sex, and date(s) of discharge may be
disclosed to any nonprofit organization if the release is directly
connected with the conduct of programs and the utilization of
benefits under title 38 U.S.C. Disclosures may be in the form of a
computerized list.
8. Any information in this system, except for the name and
address of a veteran, may be disclosed to a Federal agency in order
for the VA to obtain information relevant to the issuance of a
benefit under title 38 U.S.C. The name and address of a veteran may
be disclosed to a Federal agency under this routine use if they are
required by the Federal agency to respond to the VA inquiry.
9. Any information in this system may be disclosed in connection
with any proceeding for the collection of an amount owed to the
United States by virtue of a person's participation in any benefit
program administered by the Veterans Administration when in the
judgment of the Administrator, or official generally delegated such
authority under standard agency delegation of authority rules (38 CFR
2.6), such disclosure is deemed necessary and proper, in accordance
with 38 U.S.C. 3301(b)(6).
10. The name and address of a veteran, and other information as
is reasonably necessary to identify such veteran, may be disclosed to
a consumer reporting agency for the purpose of locating the veteran,
or, obtaining a consumer report to determine the ability of the
veteran to repay an indebtedness to the United States arising by
virtue of the veteran's participation in a benefits program
administered by the VA, provided that the requirements of 38 U.S.C.
3301(g)(2) have been met.
11. The name and address of a veteran, other information as is
reasonably necessary to identify such veteran, including personal
information obtained from other Federal agencies through computer
matching programs, and any information concerning the veteran's
indebtedness to the United States by virtue of the person's
participation in a benefits program administered by the VA may be
disclosed to a consumer reporting agency for purposes of assisting in
the collection of such indebtedness, provided that the provision of
38 U.S.C. 3301(g)(4) have been met.
12. Any information in this system, including available
identifying information regarding the debtor, such as name of debtor,
last known address or 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 Administrator such disclosure is deemed necessary and proper.
This purpose is consistent with the Federal Claims Collection Act of
1966 (Pub. L. 89-508, 37 U.S.C. 951-953 and 4 CFR parts 101-105 and
38 U.S.C. 3301(b)(6).
13. Any information in this system, including the nature and
amount of a financial obligation, may be disclosed to a debtor's
employing agency or commanding officer so that the debtor-employee
may be counseled by his or her Federal employer or commanding officer
and to assist in the collection of unpaid financial obligations owed
the VA. This purpose is consistent with 5 U.S.C. 5514, 4 CFR 102.5,
and section 206 of Executive Order 11222 of May 8, 1965 (30 FR 6469).
14. Payment information may be disclosed to the Department of the
Treasury, in accordance with its official request, to permit delivery
of benefit checks to veteran-payees.
15. Military service and active duty separation information, and
identifying information may be disclosed to a State unemployment
compensation agency to the extent required to determine eligibility
for its benefits, provided the name and address of the individual to
whom the record pertains are provided by the State agency. The
purpose for this disclosure is consistent with 5 U.S.C. 8523.
16. 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.
17. 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, Defense Manpower Data Center; Marine Corps; Department of
Transportation (Coast Guard); PHS (Public Health Service), NOAA
(National Oceanic and Atmospheric Administration), Commissioned
Officer Corps in order for these departments and agencies and VA to
reconcile the amount and/or waiver of service, department and retired
pay. These records may also be disclosed as a part of an ongoing
computer matching program to accomplish these purposes. This purpose
is consistent with 10 U.S.c. 684, 38 U.S.C. 3101, 38 U.S.C. 3104 and
38 U.S.C. 3301.
18. The amount of pension, compensation, dependency and indemnity
compensation, educational assistance allowance, retirement pay and
subsistence allowance of any veteran identified to the VA may be
disclosed to any person who applies for such information.
19. 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 insure 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 without
a request from the veteran, to a Federal agency, upon its official
request or to a State or local agency provided the name and address
of the veteran is given beforehand by the State or local agency in
order to assist the veteran in obtaining a non-title 38 U.S.C.
benefit to which the veteran is entitled.
20. 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.
21. 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, Bureau of
Supplemental Security Income, 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.
22. Identifying information in this system may be disclosed at
the request of a veteran to a third party having information relevant
to a claim, such as an employer or school, in order to obtain
information from the third party to the extent necessary to develop a
veteran's claim for VA benefits.
23. Medical data (excluding the name and address of a veteran
unless the name and address are furnished by the requestor) may be
disclosed to epidemiological and other research facilities approved
by the Chief Medical Director to obtain data from those facilities
necessary to assist in medical studies on veterans for the Veterans
Administration or for any research purposes determined to be
necessary and proper by the Chief Medical Director.
24. The name(s) and address(es) of a veteran may be disclosed to
another Federal agency or to a contractor of that agency, at the
written request of the head of that agency or designee of the head of
that agency for the purpose of conducting government research
necessary to accomplish a statutory purpose of that agency.
25. Any information in this system relevant to a veteran's claim
such as the name, address, the basis and nature of a claim, amount of
benefit payment information, medical information and military service
and active duty separation information may be disclosed at the
request of the veteran to accredited service organizations, VA-
approved claims agents and attorneys acting under a declaration of
representation so that these individuals can aid veterans in the
preparation, presentation and prosecution of claims under the laws
administered by the VA. The name and address of a veteran will not,
however, be disclosed to these individuals under this routine use if
the veteran has not requested the assistance of an accredited service
organization, claims agent or an attorney.
26. Identifying and payment information may be disclosed, upon
the request of a Federal agency, to a State or local government
agency, to determine a beneficiary's eligibility under programs
provided for under Federal legislation and for which the requesting
Federal agency has responsibility. These records may also be
disclosed as a part of an ongoing computer matching program to
accomplish these purposes. This purpose is consistent with 38 U.S.C.
3301.
27. Any information in this system such as the amount of benefit
or disability payments and medical information may be disclosed in
the course of presenting evidence to a court, magistrate, or
administrative authority, in matters of guardianship, inquests, and
commitments, to private attorneys representing veterans rated
incompetent in conjunction with issuance of Certificates of
Incompetency, and to probation and parole officers in connection with
court-required duties.
28. Any information in this system including medical information,
the basis and nature of claim, the amount of benefits and personal
information may be disclosed to a VA Federal fiduciary or a guardian
ad litem in relation to his or her representation of a veteran only
to the extent necessary to fulfill the duties of the VA Federal
fiduciary or the guardian ad litem.
29. Any relevant information (including changes in disability
ratings) may be disclosed to the Department of Justice and United
States Attorneys in the defense or prosecution of litigation
involving the United States, and to Federal agencies upon their
request in connection with review of administrative tort claims and
potential tort claims filed under the Federal Tort Claims Act, 28
U.S.C. 2672, the Military Claims Act, 10 U.S.C. 2733, and other
similar claims statutes.
30. Any information in this system may be disclosed to a Federal
grand jury, a Federal court or a party in litigation, or a Federal
agency or party to an administrative proceeding being conducted by a
Federal agency, in order for the VA to respond to and comply with the
issuance of a Federal subpoena.
31. Any information in this system may be disclosed to a State or
municipal grand jury, a State or municipal court or a party in
litigation, or to a State or municipal administrative agency
functioning in a quasi-judicial capacity or a party to a proceeding
being conducted by such agency, in order for the VA to respond to and
comply with the issuance of a State or municipal subpoena; provided,
that any disclosure of claimant information made under this routine
use must comply with the provisions of 38 CFR 1.511.
32. 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 ED
(Department of Education), 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. Such information
will not be used for any other purpose by the ED or contractor
thereof.
33. VA educational forms and letters which contain identifying
information about a veteran may be disclosed at the request of the
veteran to a VA-approved education or training establishment to
assist the veteran in the completion of claims forms or for the VA to
obtain further information from the educational or training
establishments as may be necessary for the VA to properly process the
veteran trainee's claim or to monitor the trainee's progress.
34. Identifying and payment information may be disclosed to a VA-
approved educational or training establishment at the request of the
veteran in order for the VA to obtain sufficient information
necessary to pay the veteran or the educational or training
establishment the correct monetary amounts in an expeditious manner.
However, this information will not be provided under this routine use
to an educational or training establishment when the request is
clearly an attempt by that establishment to seek assistance in
collection attempts against the veteran.
35. 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 insure that the trainee receives the maximum benefit
from training.
36. 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 insure that the trainee
receives the maximum benefit from training.
37. 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.
38. The name, claims file number and any other information
relating to a veteran's or beneficiary's incarceration in a penal
institution and information regarding a dependent's right to a
special apportionment of the incarcerated individual's VA benefit
payment may be disclosed to those dependents who may be eligible for
entitlement to such apportionment in accordance with 38 U.S.C. 504,
1682, 1780, and 3113.
39. The name, claims file number and any other information
relating to a veteran or beneficiary 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 veteran's or beneficiary's incarceration
status. The disclosure of this information is necessary to determine
that individual's continuing eligibility as authorized under 38
U.S.C. 504, 1682, 1780 and 3113.
40. Names and addresses, and other identifying data including the
Social Security number, of surviving spouses, children and parents of
deceased veterans may be released from this system of records to the
Department of Defense (DOD) upon its official request in order for
DOD to identify individuals eligible for health care benefits
administered by the DOD, or to collect or verify information
necessary for DOD facility planning, personnel studies,
capitalization budgeting and post exchange, commissary and housing
studies.
41. Identifying infomation including names and addresses,
entitlement code, payee social security number, file number, payee
number, regional office number, income for VA pension-determination
purposes and pension net award may be released to the Department of
Agriculture upon its official request for the purpose of a matching
program designated USDA/OIG-6 for verification by the Department of
Agriculture of applicants' eligibility for food stamps to reduce
unauthorized payments in the food stamp program, and to collect debts
owed to the United States Government. This anti-fraud matching
program is being performed pursuant to the Department of
Agriculture's Inspector General authority under Pub. L. 95-452,
section 4(a), to detect and prevent fraud and abuse.
42. Any information concerning the veteran's indebtedness to the
United States by virtue of a person's participation in a benefits
program administered by the VA, including personal information
obtained from other Federal agencies through computer matching
programs, may be disclosed to any third party, except consumer
reporting agencies, in connection with any proceeding for the
collection of any amount owed to the United States. Purposes of these
disclosures may be to (a) assist the VA in collection of title 38
benefit overpayments overdue indebtedness, and/or costs of services
provided individuals not entitled to such services, and (b) initiate
legal actions for prosecuting individuals who willfully or
fraudulently obtain title 38 benefits without entitlement. This
disclosure is consistent with 38 U.S.C. 3301(b)(6).
43. Identifying information, except for the name and address of a
veteran, may be disclosed to a State agency for the purpose of
conducting a computer match to determine if income and employment
data are being properly reported to the VA and to detect the
unwarranted payment of benefits under title 38 U.S.C.
44. Identifying, disability, and award (type, amount and reasons
for award) information may be released to the DOL (Department of
Labor) 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 the VA, to identify areas where legislative
and regulatory amendments directed toward preventing overpayments are
needed, and to collect debts owned to the United States Government.
This matching program is performed pursuant to the DOL Inspector
General's authority under Pub. L. 95-452, section 4(a) to detect and
prevent fraud and abuse. This disclosure is consistent with 38 U.S.C.
3301(b)(3).
45. The beneficiary's name, address, social security number and
the amount (excluding interest) of any indebtedness waived uner 38
U.S.C. 3102, or compromised under 4 CFR part 103 may be disclosed to
the Treasury Department, Internal Revenue Service, as a report of
income under 26 U.S.C. 61(a)(12).
46. Identifying information, including social security number,
concerning veterans and the dependents of veterans, 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 a veteran or a
dependent of a disabled or deceased veteran, who is receiving or has
received veterans benefits under Title 38, United States Code. The
name and address of veterans may also be disclosed to a Federal
agency under this routine use if required by the Federal agency in
order to provide information.
47. 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
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, Internal Revenue Service (IRS) in order for IRS to
conduct a computer matching program against the Internal Revenue
Service's Forms 1040, Schedule R, Credit for the Elderly and the
Permanently and Totally Disabled. This match will permit IRS to
determine the eligibility for and the proper amount of Elderly and
Disabled Credits claimed on IRS Form 1040, Schedule R. This matching
program is performed pursuant to the provisions of Internal Revenue
Code Section 7602. This disclosure is consistent with 38 U.S.C.
3301(b)(3).
48. 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.
49. The name of a veteran, or other beneficiary, other
information as is reasonably necessary to identify such individual,
and any other information concerning the individual's indebtedness by
virtue of a person's participation in a benefits program administered
by the VA, may be disclosed to the Treasury Department, Internal
Revenue Service, for the collection of Title 38, U.S.C. benefit
overpayments, overdue indebtedness, and/or costs of services provided
to an individual not entitled to such services, by the withholding of
all or a portion of the person's Federal income tax refund.
50. Veterans' addresses which are contained in this system of
records may be disclosed to the Department of Defense Manpower Data
Center, upon its official request, for military recruiting command
needs, Department of Defense civilian personnel offices' mobilization
studies and mobilization information, debt collection, and Individual
Ready Reserve (IRR) Units' locator services.
51. 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. The Department of
Defense will use this information to identify retired veterans and
dependent members of their families who have entitlement to
Department of Defense benefits but who are not identified in the
Department of Defense Enrollment Eligibility Reporting System (DEERS)
program and to assist in determining eligibility for Civilian Health
and Medical Program of the Uniformed Services (CHAMPUS) benefits.
This purpose is consistent with 38 U.S.C. 3301. These records may
also be disclosed as part of an ongoing computer matching program to
accomplish this purpose.
52. 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 stlatus,
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 Social
Security Administration will use the data in the administration of
the supplemental security income (SSI) payment system as prescribed
by Pub. L. 92-603. These records may also be disclosed as part of an
ongoing computer matching program to accomplish these purposes. This
purpose is consistent with 38 U.S.C. 3301.
53. The names and current addresses of VA beneficiaries who are
identified by finance centers of individual uniformed services of the
Department of Defense and the Department of Transportation (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.
54. 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 the Department of Housing and Urban Development for
inclusion in its Credit Alert Interactive Voice Response System
(CAIVRS). Information included in this system may be disclosed to all
participating agencies and lenders who participate in the agencies'
programs to enable them to verify information provided by new loan
applicants and evaluate the creditworthiness of applicants. These
records may also be disclosed as part of an ongoing computer matching
program to accomplish these purposes.
55. Identifying information including social security number,
abbreviated surname, first and middle initial, date of birth, sex and
claim number, and excluding the full name and address, may be
disclosed to the Social Security Administration for the purpose of
conducting a computer match to obtain information to validate the
social security number maintained in VA records.
56. 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 their official written request for such
information for their use in the review and assessment of their
occupational radiation exposure controls and training.
57. A veteran's claims file number and folder location may be
disclosed to a court of proper jurisdiction which has issued a
garnishment order for that veteran under 42 U.S.C. 659 through 662.
59. 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.
60. 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 which resulted in revocation
merits reporting.
61. A record from this system (other than the address of the
beneficiary) may be disclosed to a former representative of a
beneficiary to the extent necessary to develop and adjudicate a claim
for payment of attorney fees to such representative from past-due
benefits under 38 U.S.C. 5904(d) or to review a fee agreement between
such representative and the beneficiary for reasonableness under 38
U.S.C. 5904(c)(2).
Policies and practices for storing, retrieving, accessing,
retaining, and disposing of records in the system:
Storage:
Records (or information contained in records) are maintained on
paper documents in claims file folders (e.g., ``C'' file folders,
educational file folders and vocational rehabilitation folders) and
on automated storage media (e.g., microfilm, microfiche, magnetic
tape and disks.) Such information may be accessed through a data
telecommunication terminal system designated the Benefits Delivery
Network (BDN). BDN terminal locations include VA Central Office, VA
regional offices, VA health care facilities, VISN offices, Department
of Defense 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
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.
Retrievability:
Claims file folders are indexed by name of the veteran and VA
file number. Automated records are indexed by name, VA file number,
payee name and type of benefit. Automated Records of employee
productivity cannot be accessed. At the conclusion of a monthly
reporting period, the generated listing is indexed by employee TAC
number. Records in CAIVRS may only be retrieved by social security
number.
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.
(b) Access to BDN data telecommunications network is by
authorization controlled by the site security officer who is
responsible for authorizing access to the BDN by a claimant's
representative or attorney approved for access in accordance with VA
regulations. The site security officer is responsible for ensuring
that the hardware, software and security practices of a
representative or attorney satisfy VA security requirements before
granting access. The security requirements applicable to access to
automated claims files by VA employees also apply to access to
automated claims files by claimants' representatives or attorneys.
The security officer is assigned responsibility for privacy-security
measures, especially for review of violation logs, information logs
and control of password distribution, including password distribution
for claimants' representatives.
(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 access number, not name, and are protected by
management/supervisory personnel from unauthorized disclosure in the
same manner as other confidential records maintained by supervisors.
2. BDN System Security: (a) Usage of the BDN system is protected
by the usage of ``logan'' 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.
Retention and disposal:
Individual claims file folders and the compensation, pension,
rehabilitation and education claims records contained therein are
retained at the servicing regional office for the life of the
veteran. At the death of the veteran, these records are sent to the
Federal Records Center (FRC), maintained by the FRC for 75 years and
thereafter destroyed. Rehabilitation and education counseling records
are maintained until the exhaustion of a veteran's maximum
entitlement or upon the exceeding of a veteran's delimiting date of
eligibility (generally, ten or twelve years from discharge or release
from active duty), whichever occurs first, and then destroyed.
Automated storage media containing temporary working information are
retained until a claim is processed to determination. All other
automated storage media are retained and disposed of in accordance
with disposition authorization approved by the Archivist of the
United States. 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.
System manager(s) and address:
Director: Compensation and Pension Service (21), Director,
Vocational Rehabilitation and Counseling Service (22), VA Central
Office, Washington, DC 20420.
Notification procedure:
An individual who wishes to determine whether a record is being
maintained in this system under his or her name or other personal
identifier, or wants to determine the contents of such record, should
submit a written request or apply in person to the nearest VA
regional office or center. Address locations are listed in VA
Appendix 1 at the end of this document. VA employees withing to
inquire whether the system of records contains employee productivity
information about themselves should contact their supervisor at the
regional office of employment.
Record access procedures:
Individuals seeking information regarding access to and
contesting of VA records may write, call or visit the nearest
Veterans Administration regional office. Address locations are listed
in VA Appendix 1.
Contesting record procedures:
(See Record access procedures above.)
Record source categories:
The veteran, dependents and other beneficiaries of the veteran,
accredited service organizations, VA-supervised fiduciaries (i.e., VA
Federal fiduciaries, court-appointed fiduciaries), military service
departments, VA medical facilities and physicians, private medical
facilities and physicians, education and rehabilitation training
establishments, State and local agencies, other Federal agencies,
State, local and county courts and clerks, Federal, State and local
penal institutions and correctional facilities, other third parties
and other VA records.
60VA23
System name: Repatriated American Prisoners of War-VA.
System location:Records are maintained at the VA regional offices,
VA Central Office, all health care facilities and the Data Processing
Center at Austin, Texas. Address locations are listed in VA Appendix
1 at end of this document.
Categories of individuals covered by the system: Individuals who
are repatriated prisoners of war, including but not limited to those
of World War II; Korean Conflict; Vietnam Era; Pueblo Crisis; the
members of the group known as Civilian Employees, Pacific Naval Air
Bases, who actively participated in the defense of Wake Island and
were determined to be eligible for veterans' benefits under Pub. L.
95-202; and those determined by the VA to have been held as prisoners
of war during peacetime.
Categories of records in the system: Personal identification
information related to the POW experience and identifying data, e.g.,
name, Social Security number, file number, service number, date of
birth, date of death (if applicable), period of service, branch of
service, entitlement code, aid and attendance or household status,
number of service-connected disabilities, number of days internal as
a POW, place of internment and hospital discharge data.
Authority for maintenance of the system: Section 102, Pub. L. 96-
22, June 13,1979; 38 U.S.C. 612; Pub. L. 97-37, August 14, 1981; 38
U.S.C. 101. 221. 312. 610 and 612; and 38 U.S.C. 210(c)(1).
Routine uses of records maintained in the system, including
categories of users and the purposes of such uses:
1. The record of an individual who is covered by this system may
be disclosed to a member of Congress or staff person acting for
member when the member or staff person requests the record on behalf
of and at the request of that individual.
2. Any information in this system relevant to a veteran's claim
such as the name, military service information and the number of days
interned as a POW may be disclosed at the request of the veteran to
accredited service organizations, VA-approved claims agents and
attorneys acting under a declaration of representation so that these
individuals can aid veterans in the preparation, presentation and
prosecution of claims under the laws administered by the VA. The name
of a veteran will not, however, be disclosed to these individuals
under this routine use if the veteran has not requested the
assistance of an accredited service organization, claims agent or an
attorney.
3. Any information in this system may be disclosed to the Office
of the Secretary of Defense, International Security Affairs (POW/
MIA), upon their official request, in order to aid the Department in
verifying the status of individuals who were prisoners of war or
missing in action and/or in determining their most recent location.
4. Any information in this system may be disclosed to NARA
(National Archives and Records Administration), upon their official
request, in order that NARA may produce extracts to perform
statistical analysis; reconstruct military personnel records
information; and respond to inquiries from the general public.
5. Any information in this system (excluding the name of a
veteran unless the name is furnished by the requestor) may be
disclosed to epidemiological and other research facilities approved
by the Chief Medical Director to obtain data from those facilities
necessary to assist in medical studies on veterans for the Veterans
Administration or for any research purposes determined to be
necessary and proper by the Chief Medical Director.
6. The name(s) of a veteran may be disclosed to another Federal
agency or to a contractor of that agency at the written request of
the head of that agency for the purpose of conducting government
research necessary to accomplish a statutory purpose of that agency.
Policies and practices for storing, retrieving, accessing,
retaining, and disposing of records in the system:
Storage: Records are maintained on magnetic tape and microfiche.
Retrievabilty:The magnetic tape is indexed by the veteran's
service, VA file or Social Security number. The microfiche is indexed
by the veteran's name with secondary verification by the veteran's
service, VA file or Social Security number.
Safeguards:
1. Access to the basic file in the Austin DPC (Data Processing
Center) is restricted to authorized VA employees and vendors. Access
to the computer room where the magnetic tape is located within the
DPC is further restricted to specifically authorized employees and is
protected by an alarm system, the Federal Protective Service, and
other VA security personnel.
2. Access to microfiche listing and readers is restricted to
authorized VA employees on a ``need to know`` basis. The microfiche
is stored in protected drawers and protected from outside use by the
Federal Protective Service.
Retention and disposal: Records are maintained on magnetic tape and
microfiche and are retained and disposed of in accordance with
disposition and authorization approved by the Archivist of the United
States.
System manager(s) sand address: Director, Administrative Service
(23), VA Central Office, 810 Vermont Avenue, NW, Washington, DC
20420.
Notification procedure: Any individual who wishes to determine
whether a record is being maintained in this system under his or her
name or other personal identifier, or wants to determine the contents
of such record should submit a written request or apply in person to
the nearest VA regional office or medical center. Addresses for these
offices may be found in VA Appendix 1 at the end of this document.
Inquiries should include as much of the following information as
possible: The veteran's full name, VA file number, service number and
Social Security number.
Record access procedures: Individuals seeking information regarding
access to and contesting of VA records in this system may write, call
or visit the nearest VA regional office of medical center.
Contesting record procedures: See Record access procedures above.
Record source categories: The Department of Defense, National
Archives and Records Administration, and VA records such as the
Patient Treatment File, the Veterans and Beneficiary Indentification
and Records Locator Subsystem, and Veterans, Dependents and
Beneficiaries Compensation Pension records.
63VA05
System name: Grievance Records, 63VA05.
System location: These records are located in personnel or
designated offices in the Veterans Administration (VA) in which the
grievances were filed.
Categories of individuals covered by the system: Current or former
VA employees who have submitted grievances with the agency in
accordance with part 771 of OPM Regulations (5 CFR part 771); VA
Personnel Manual MP-5, Part I, Chapter 771, and Part II, Chapter 8;
or a negotiated procedure.
Categories of records in the system: The system contains records
relating to grievances filed by agency employees under Part 771 of
OPM Regulations and VA Personnel Manual MP-5, Part I, Chapter 771,
and Part II, Chapter 8. These case files contain all documents
related to the grievance, including statements of witnesses, reports
of interviews and hearings, examiner's findings and recommendations,
a copy of the original and final decision, and related correspondence
and exhibits. This system includes files and records of internal
grievance and arbitration systems that may be established through
negotiations with recognized labor organizations.
Authority for maintenance of the system: 5 U.S.C. 1302, 3301, 3302,
E.O. 10577, 3 CFR 1954-1958 Comp. p218, E.O. 10987, 3 CFR 1959-1963
Comp. p519, 38 U.S.C. 4108 and 4115, agency employees, for personal
relief in a matter of concern or dissatisfaction which is subject to
the control of agency management.
Routine uses of records maintained in the system, including
categories of users and the purposes of such uses: These records and
information in these records may be used:
1. To disclose pertinent information to the appropriate Federal,
State, or local agency responsible for investigating, prosecuting,
enforcing, or implementing a statute, rule, regulation, or order,
where the disclosing agency becomes aware of an indication of a
violation or potential violation of civil or criminal law or
regulation.
2. To disclose information to any source from which additional
information is requested in the course of processing a grievance, to
the extent necessary to identify the individual, inform the source of
the purpose(s) of the request and identify the type of information
requested.
3. To disclose information to a Federal agency, in response to
its request, in connection with the hiring or retention of an
employee, the issuance of a security clearance, the conducting of a
security or suitability investigation of an individual, the
classifying of jobs, the letting of a contract, or the issuance of a
license, grant, or other benefit by the requesting agency, to the
extent that the information is relevant and necessary to requesting
the agency's decision on the matter.
4. To provide information to a congressional office from the
record of an individual in response to an inquiry from that
congressional office made at the request of that individual.
5. To disclose information to another Federal agency or to a
court when the Government is party to a judicial proceeding before
the court.
6. By the National Archives and Records Administration (General
Services Administration) in records management inspections conducted
under authority of 44 U.S.C. 2904 and 2906.
7. By the agency maintaining the records or the OPM in the
production of summary descriptive statistics and analytical studies
in support of the function for which the records are collected and
maintained, or for related work force studies. While published
statistics and studies do not contain individual identifiers, in some
instances, the selection of elements of data included in the study
may be structured in such a way as to make the data individually
identifiable by inference.
8. To disclose information to officials of the Merit Systems
Protection Board, including the Office of the Special Counsel, the
Federal Labor Relations Authority and its General Counsel, or the
Equal Employment Opportunity Commission when requested in performance
of their authorized duties.
9. To disclose in response to a request for discovery or for
appearance of a witness, information that is relevant to the subject
matter involved in a pending judicial or administrative proceeding.
10. To provide information to officials of labor organizations
reorganized under the Civil Service Reform Act when relevant and
necessary to their duties of exclusive representation concerning
personnel policies, practices, and matters affecting work conditions.
13. Relevant information from this system of records may be
disclosed to the National Practitioner Data Bank and/or State
Licensing Board in the State(s) in which a practitioner is licensed,
in which the VA facility is located, and/or in which an act or
omission occurred upon which a medical malpractice claim was based
when VA reports information concerning: (1) Any payment for the
benefit of a physician, dentist, or other licensed health care
practitioner which was made as the result of a settlement or judgment
of a claim of medical malpractice if an appropriate determination is
made in accordance with agency policy that payment was related to
substandard care, professional incompetence or professional
misconduct on the part of the individual; (2) a final decision which
relates to possible incompetence or improper professional conduct
that adversely affects the clinical privileges of a physician or
dentist for a period longer than 30 days; or, (3) the acceptance of
the surrender of clinical privileges or any restriction of such
privileges by a physician or dentist either while under investigation
by the health care entity relating to possible incompetence or
improper professional conduct, or in return for not conducting such
an investigation or proceeding. These records may also be disclosed
as part of a computer matching program to accomplish these purposes.
12. Identifying information in this system, including name,
address, social security number and other information as is
reasonably necessary to identify such individual, may be disclosed to
the National Practitioner Data Bank at the time of hiring and/or
clinical privileging/reprivileging of health care practitioners, and
other times as deemed necessary by VA, in order for VA hiring,
privileging/reprivileging, retention or termination of the applicant
or employee.
13. Relevant information from this system of records may be
disclosed to the National Practitioner Data Bank or to a State or
local government licensing board which maintains records concerning
the issuance, retention or revocation of licenses, certifications, or
registrations necessary to practice an occupation, profession or
specialty when under the following circumstances, through a peer
review process that is undertaken pursuant to VA policy, negligence,
professional incompetence, responsibility for improper care, and/or
professional misconduct has been assigned to a physician or licensed
or certified health care practitioner: (1) On any payment in
settlement (or partial settlement) of, or in satisfaction of a
judgment in, a medica1 malpractice action or claim; or, (2) on any
final decision that adversely affects the clinical privileges of a
physician or practitioner for a period of more than 30 days. These
records may also be disclosed as part of a computer matching program
to accomplish these purposes.
Policies and practices for storing, retrieving, accessing,
retaining, and disposing of records in the system:
Storage: These records are maintained in file folders.
Retrievability: These records are retrieved by the names of the
individuals on whom they are maintained.
Safeguards: These records are maintained in lockable metal filing
cabinets to which only authorized personnel have access.
Retention and disposal: These records are disposed of three years
after closing of the case. Disposal is by shredding or burning.
System manager(s) and address: Officials maintaining the system--
Personnel Officer at station where employed (see Appendix 1 for local
addresses). Official responsible for policies and procedures--
Assistant Administrator for Personnel (05), VA Central Office, 810
Vermont Avenue, NW, Washington, DC 20420.
Record access procedures: It is required that individuals
submitting grievances be provided a copy of the record under the
grievance process. They may, however, contact the agency personnel or
designated office where the action was processed regarding the
existence of such records on them. They must furnish the following
information for their records to be located and identified:
a. Name.
b. Date of birth.
c. Approximate date of closing of the case and kind of action
taken.
d. Organizational component involved.
Contesting record procedures: It is required that individuals
submitting grievances be provided a copy of the record under the
grievance process. However, after the action has been closed, an
individual may request access to the official copy of the grievance
file by contacting the agency personnel or designated office where
the action was processed.
Individuals must provide the following information for their
records to be located and identified:
a. Name.
b. Date of birth.
c. Approximate date of closing of the case and kind of action
taken.
d. Organizational component involved.
Individuals requesting access must also follow the VA's Privacy
Act regulations regarding access to records and verification of
identity (38 CFR 1.577).
Contesting record procedures: Review of requests from individuals
seeking amendment of their records which have been the subject of a
judicial or quasi-judicial action will be limited in scope. Review of
amendment requests of these records will be restricted to determining
if the record accurately documents the action of the agency ruling on
the case, and will not include a review of the merits of the action,
determination, or finding.
Individuals wishing to request amendment to their records to
correct factual errors should contact the agency personnel or
designated office where the grievance was processed. Individuals must
furnish the following information for their records to be located and
identified:
a. Name.
b. Date of birth.
c. Approximate date of closing of the case and kind of action
taken.
d. Organizational component involved.
Individuals requesting amendment must also follow the VA Privacy
Act regulations regarding amendment to records and verification of
identity (38 CFR 1.577).
Record source categories: Information in this system of records is
provided:
a. By the individual on whom the record is maintained.
b. By testimony of witnesses.
c. By agency officials.
d. From related correspondence from organizations or persons.
64VA116
System name: Vietnam Veterans Readjustment Counseling Program--
Va.
System location: (a) Counseling Folder: Maintained at each
individual center (called Vet Centers) and at VA medical centers
providing readjustment counseling throughout the country. The
locations of all Vet Centers and VA medical centers providing
readjustment counseling are listed in VA Appendix 2 . Certain
information extracted from the counseling folder is maintained at the
St. Paul, Minnesota, VA Data Processing Center (DPC).
(b) Client Information File: Certain information extracted from
the counseling folder is maintained at the St. Paul, Minnesota, VA
Data Processing Center (DPC).
Categories of individuals covered by the system: Individuals who
request Vietnam veterans readjustment counseling, and/or receive
readjustment counseling, including veterans, family members, or other
counselees who are eligible.
Categories of records in the system: (a) Counseling Folder: All
written notes, forms, applications, and documentation deemed
necessary to provide continuity of care by the counselors and/or
program officials. This would include all information collected for
the computerized data base.
(b) Client Information File: Unique veteran identification
number, team or medical center number, marital status, birth date,
service dates, branch of service, whether served in Vietnam, service
connection, types of problems, severity of problems, actions to be
taken, source of action, status of action, number of contacts that
day, and other statistical information about services provided that
veteran.
Authority for maintenance of the system:
Title 38, United States Code, Section 612A.
Routine uses of records maintained in the system, including
categories of users and the purposes of such uses:
None.
Policies and practices for storing, retrieving, accessing,
retaining, and disposing of records in the system:
Storage: (a) Counseling Folder: Paper documents stored in file
folders.
(b) Client Information File: Stored on magnetic tapes.
Retrievability: (a) Counseling Folder: Filed or indexed
alphabetically by last name or unique Client Number.
(b) Client Information File: Indexed by Vet Center or Station
Number in conjunction with unique Client Number.
Safeguards: (a) Counseling Folder: Access to records at Vet
Centers will be controlled by Vet Center staff during working hours.
During other hours, records will be maintained in locked file
cabinets. In high crime areas, Vet Center offices are equipped with
alarm systems. Access to readjustment counseling records at VA
medical centers will be restricted to the Outreach counseling staff
on a need-to-know basis.
(b) Client Information File: The file area at the DPC is locked
after duty hours and the building is protected from unauthorized
access by the Federal Protective Service.
Retention and disposal: (a) Counseling Folder: The records will be
retained at the Outreach Center or medical center of origin and VA
Central Office for approximately three years after the date of last
activity and/or after termination of the Outreach program, whichever
is later. Destruction will be by shredding.
(b) Client Information File: Maintained for the duration of the
program. Destruction will be by erasing the tapes.
System manager(s) and address:
Director, Readjustment Counseling Service (147), VA Central
Office, Washington, DC 20420.
Notification procedure:
An individual who wishes to determine whether a record is being
maintained by the Veterans Readjustment Program under his or her name
or other person identifier or wishes to determine the contents of
such records should submit a written request or apply in person to:
(1)The team leader of the Vet Center or the Readjustment counselor at
the VA medical center with whom he or she had contact, or (2)
Director, Readjustment Counseling Service (147), VA Centrak Office,
Washington, DC 20420.
Inquiries should include the individual's full name and social
security number.
Record access procedures:
An individual (or duly authorized representative of such
individual) who seeks access to or wishes to contest records
maintained under his or her name or other personal identifier may
write, call or visit the above named individuals.
Contesting record procedures:
(See Record access procedures above.)
Record source categories:
(1) Relevant forms to be filled out by Vet Center team members on
first contact and each contact thereafter; counseling sessions with
veterans and other eligible counselees. (2) Other VA and Federal
agency systems.
65VA122
System name: Community Placement Program-VA, 65VA122.
System location:
Records are maintained at each VA health care facility; the VA
Data Processing Center (DPC), 1615 East Woodward Street, Austin,
Texas 78772; and at VA Central Office, 810 Vermont Avenue, NW,
Washington, DC 20420. Addresses for the VA health care system are
listed in VA Appendix I at the end of this document.
Categories of individuals covered by the system:
Individuals who operate a Community Placement facility approved
for placement of VA beneficiaries; VA beneficiaries in Community
Placement facilities.
Categories of records in the system:
The record, or information contained in the record, may include
personal identification information with data on the Community
Placement facility, name of operator, address, phone number, name of
veterans receiving care in these homes, a statement as to whether the
veterans' medical conditions have been rated as service-connected or
nonservice-connected, the veterans' social security numbers and the
names, addresses and phone numbers of the veterans' next-of-kin;
overall data regarding diagnoses of veterans in the facility, date
the facility was last approved for participation, statement regarding
whether or not the home is required to be licensed by the state and/
or local government, copies of correspondence exchange between the VA
and the persons interested in applying for participation in the
Community Placement Program.
Authority for maintenance of the system:
Title 38, U.S.C. 210(c), 610 and 4101.
Routine uses of records maintained in the system, including
categories of users and the purposes of such uses:
1. The record of an individual who is covered by this system may
be disclosed to a member of Congress or staff person acting for the
member when the member of staff person requests the record on behalf
of and at the request of that individual.
2. Any information in this system may be disclosed to a Federal
agency, upon its official request, to the extent that it is relevant
and necessary to that agency's decision regarding the hiring,
retention or transfer of an employee, the issuance of a security
clearance, the letting of a contract, or the issuance or continuance
of a license, grant or other benefit given by that agency. However,
in accordance with an agreement with the U.S. Postal Service,
disclosures to the U.S. Postal Service for decisions concerning the
employment of veterans, will only be made with the veteran's prior
written consent.
3. Any information in this system may be disclosed to a State or
local agency, upon its official request, to the extent that it is
relevant and necessary to that agency's decision on the hiring,
transfer or retention of an employee, the issuance of a security
clearance, the letting of a contract, or the issuance or continuance
of a license, grant or other benefit by that agency; provided that,
if the information requested pertains to a veteran, the name and/or
address of the veteran will not be disclosed unless the name and/or
address is provided first by the requesting State or local agency.
4. Any information in this system may be disclosed to a Federal,
State or local governmental agency maintaining civil or criminal
violation records, or other pertinent information such as prior
employment history, prior Federal employment background
investigations, and personal or educational background at the request
of the veteran in order for the VA to obtain information releveant to
the hiring, transfer or retention of an employee, the letting of a
contract, the granting of a security clearance, or the issuance of a
grant or other benefit.
5. Any information in this system, except for the name and
address of a veteran, which is relevant to a suspected violation or
reasonably imminent violation of law, whether civil, criminal or
regulatory in nature and whether arising by general or program
statute or by regulation, rule or order issued pursuant thereto, may
be disclosed to a Federal, State, local or foreign governmental
agency charged with the responsibility of investigating or
prosecuting such violation or charged with enforcing or implementing
the statute, rule, regulation or order issued pursuant thereto.
6. The name and address of a veteran, which is relevant to a
suspected violation or reasonably imminent violation of law, whether
civil, criminal or regulatory in nature and whether arising by
general or program statute or by regulation, rule or order issued
pursuant thereto, may be disclosed to a Federal agency charged with
the responsibility of investigating or prosecuting such violation, or
charged with enforcing or implementing the statute, regulation, rule
or order issued pursuant thereto, in response to its official
request.
7. The name and address of a veteran, which is relevant to a
suspected violation or reasonably imminent violation of law
concerning public health or safety, whether civil, criminal or
regulatory in nature and whether arising by general or program
statute or by regulation, rule or order issued pursuant thereto, may
be disclosed to any foreign, State or local governmental agency or
instrumentality charged under applicable law with the protection of
the public health or safety if a qualified representative of such
organization, agency or instrumentality has made a written request
that such name and address be provided or a purpose authorized by
law.
8. Any information in this system including the name and address
of a veteran may be disclosed to any nonprofit organization if the
release is directly connected with the conduct of programs and the
utilization of benefits under Title 38 U.S.C. (such disclosures
include computerized lists of names and addresses.)
9. Any information in this system may be disclosed to a Federal
agency, except for the name and address of a veteran, in order for
the VA to obtain information relevant to the issuance of a benefit
under Title 38 U.S.C. The name and address of a veteran may be
disclosed to a Federal agency under this routine use if they are
required by the Federal agency to respond to the VA inquiry.
10. Any information in this system may be disclosed to a Federal
grand jury, a Federal court or a party in litigation, or a Federal
agency or party to an administrative proceeding being conducted by a
Federal agency, in order for the VA to respond to and comply with the
issuance of a Federal subpoena.
11. Any information in this system may be disclosed to a State or
municipal grand jury, a State or municipal court or a party in
litigation, or to a State or municipal administrative agency
functioning in a quasi-judicial capacity or a party to a proceeding
being conducted by such agency, in order for the VA to respond to and
comply with the issuance of a State or municipal subpoena; provided,
that any disclosure of claimant information made under this routine
use must comply with the provisions of 38 CFR 1.511.
Policies and practices for storing, retrieving, accessing,
retaining, and disposing of records in the system:
Storage:
Records are maintained on magnetic tapes which are stored at the
Austin DPC, and paper documents (printouts) are maintained at VA
Central Office and the health care facilities.
Retrievability:
Information can be retrieved by the use of veteran's name, social
security number and by facility operator's name and location.
Safeguards:
Access to the basic file in the Austin DPC is restricted to
authorized VA employees and vendors. Access to the computer room
where the basic file is maintained within the DPC is further
restricted to authorized VA employees and vendor personnel on a
``need to know'' basis and is protected from unauthorized access by
an alarm system, the Federal Protective Service and VA security
personnel. Access to paper documents at Central Office and VA health
care facilities is restricted to authorized VA employees.
Retention and disposal:
Working magnetic tapes at the DPC are disposed of as soon as the
purpose for which they were established has been served. Paper
documents are to be retained and disposed of in accordance with
authorization approved by the Archivist of the United States.
System manager(s) and address:
Director, Social Work Service (141A10), VA Central Office,
Washington, DC 20420.
Notification procedure:
Any individual who wishes to determine whether a record is being
maintained in this system under his/her or other personal identifier,
or wants to determine the contents of such record should submit a
written request or apply in person to the Chief, Social Work Service
(122) at the appropriate VA health care facility. Addresses for these
offices may be found in VA Appendix I at the end of this document.
Inquiries should include the individual's full name and
identification number (social security number).
Record access procedures:
Individuals seeking information regarding access to and
contesting of VA records in this system may write, call or visit the
nearest appropriate health care facility.
Contesting record procedures:
(See Record Access Procedures above).
Record source categories:
Information contained in the records is obtained from individuals
requesting participation in the Community Placement Program; the
patient, family members or accredited representative, and friends,
employers or other third parties when otherwise unobtainable from the
patient or his family; various automated clinical and managerial
systems providing support at selected VA health care facilities; and
the patient Consolidated Medical Records sections of the VA Medical
Records System.
66VA53
System name: Inspector General Complaint Center Records--VA
(66VA53).
System location:
Veterans Administration, Office of Assistant Inspector General
for Policy, Planning and Resources (53), Washington, DC 20420.
Categories of individuals covered by the system:
The following categories of individuals will be covered by the
system: Subjects of complaints and complainants. Subjects and
complainants may be employees or third parties (e.g., occasionally, a
veteran, beneficiary or private citizen). Complainants are
individuals who have reported the possible existence of an activity
constituting a violation of law, rules or regulations, or
mismanagement, gross waste of funds, abuse of authority or a
substantial and specific danger to the public health and safety.
Categories of records in the system:
Records (or information continued in records) in this system may
include: (1) The name, home and work address and phone number of the
complainant; (2) name of the subject of the complaint; and (3) the
location and nature of the alleged wrongdoing. The records may also
include: (1) Documentation and evidence from the complainant, and (2)
correspondence between the Assistant Inspector General for Policy,
Planning and Resources (53) and other components of the Office of the
Inspector General, agency departments, and the complainant.
Authority for maintenance of the system:
Title 38, United States Code, Section 210(c)(1); and Title 5,
United States Code, Appendix 1, Section 7 (a) and (b) (The Inspector
General Act of 1978, Pub. L. 95-452).
Routine uses of records maintained in the system, including
categories of users and the purposes of such uses:
1. The record of an individual who is covered by this system may
be disclosed to a member of Congress or staff person acting for the
member when the member or staff person requests the record on behalf
of and at the request of that individual.
2. Any information in this system, except the name and address of
a veteran, which is relevant to a suspected violation or reasonably
imminent violation of law, whether civil, criminal or regulatory in
nature and whether arising by general or program statute or by
regulation, rule or order issued pursuant thereto, may be disclosed
to a Federal, State, local or foreign agency charged with the
responsibility of investigating or prosecuting such violation, or
charged with enforcing or implementing the statute, rule, regulation
or order issued pursuant thereto.
3. The name and address of a veteran, which is relevant to a
suspected violation or reasonably imminent violation of law, whether
civil, criminal or regulatory in nature and whether arising by
general or program statute or by regulation, rule or order issued
pursuant thereto, may be disclosed to a Federal agency charged with
the responsibility of investigating or prosecuting such violation, or
charged with enforcing or implementing the statute, regulation, rule
or order issued pursuant thereto, in response to its official
request.
4. The name and address of a veteran, which is relevant to a
suspected violation or reasonably imminent violation of law
concerning public health or safety, whether civil, criminal or
regulatory in nature and whether arising by general or program
statute or by regulation, rule or order issued pursuant thereto, may
be disclosed to any foreign, State or local governmental agency or
instrumentality charged under applicable law with the protection of
the public health or safety if a qualified representative of such
organization, agency or instrumentality has made a written request
that such name and/or address is provided for a purpose authorized by
law.
5. Any information in this system may be disclosed to a Federal
grand jury, a Federal court or a party in litigation, or a Federal
agency or party to an administrative proceeding being conducted by a
Federal agency, in order for the VA to respond to and comply with the
issuance of a Federal subpoena.
6. Any information in this system may be disclosed to a State or
municipal grand jury, a State or municipal court or a party in
litigation, or to a State or municipal administrative agency
functioning in a quasi-judicial capacity or a party to a proceeding
being conducted by such an agency, in order for the VA to respond to
and comply with the issuance of a State or municipal subpoena;
Provided, That any disclosure of claimant information made under this
routine use must comply with the provisions of 38 CFR 1.511.
7. Any information in this system may be disclosed to the Office
of Special Counsel, upon its official request, when required for the
Special Counsel's review of the complainant's allegations of
prohibited personnel practices.
8. Records from this system of records may be disclosed to a
Federal Agency or to a State or local government licensing board and/
or to the Federation of State Medical Boards or a similar
nongovernment entity which maintains records concerning individuals'
employment histories or concerning the issuance, retention or
revocation of licenses, certifications, or registration necessary to
practice an occupation, profession or specialty , in order for the
Agency to obtain information relevant to an Agency decision
concerning the hiring, retention or termination of an employee or to
inform a Federal Agency or licensing boards or the appropriate
nongovernment entities about the health care practices of a
terminated, resigned or retired health care employee whose
professional health care activity so significantly failed to conform
to generally accepted standards of professional medical practice as
to raise reasonable concern for the health and safety of patients in
the private sector or from another Federal Agency. These records may
also be disclosed as part of an ongoing computer matching program to
accomplish these purposes.
9. Identifying information in this system, including name,
address, social security number and other information as is
reasonably necessary to identify such individual, may be disclosed to
the National Practitioner Data Bank at the time of hiring and/or
clinical privileging/reprivileging of health care practitioners, and
other times as deemed necessary by VA, in order for VA to obtain
information relevant to a Department decision concerning the hiring,
privileging/reprivileging, retention or termination of the applicant
or employee.
10. Relevant information from this system of records may be
disclosed to the National Practitioner Data Bank and/or State
Licensing Board in the State(s) in which a practitioner is licensed,
in which the VA facility is located and/or in which an act or
omission occurred upon which a medical malpractice claim was based
when VA reports information concerning: (1) Any payment for the
benefit of a physician, dentist, or other licensed health care
practitioner which was made as the result of a settlement or judgment
of a claim of medical malpractice if an appropriate determination is
made in accordance with agency policy that payment was related to
substandard care, professional incompetence or professional
misconduct on the part of the individual; (2) a final decision which
relates to possible incompetence or improper professional conduct
that adversely affects the clinical privileges of a physician or
dentist for a period longer than 30 days; or, (3) the acceptance of
the surrender of clinical privileges or any restriction of such
privileges by a physician or dentist either while under investigation
by the health care entity relating to possible incompetence or
improper professional conduct, or in return for not conducting such
an investigation or proceeding. These records may also be disclosed
as part of a computer matching program to accomplish these purposes.
Policies and practices for storing, retrieving, accessing,
retaining, and disposing of records in the system:
Storage:
Records are maintained in numbered individual file folders, on
computer disks, tapes and printouts.
Retrievability:
The file folders are numbered and are individually retrievable by
means of the case numbers or indexed in the computer by the names of
the complainants and subjects of the complaints.
Safeguards:
Access to the file folders and computerized information is
restricted to authorized personnel on a need-to-know basis. The file
room and cabinets are locked after duty hours and the building is
protected by building guards and the Federal Protective Service.
Computerized case tracking information will be maintained in a
private library accessible only to authorized users. Access to the
computerized information will be limited to VA employees on a ``need-
to-know'' basis by means of passwords and authorized user
identification codes. Computer system documentation will be
maintained in a secure environment in the Office of Inspector
General, VA Central Office. Physical access to printouts and data
terminals will be limited to authorized personnel in Office of
Inspector General.
Retention and disposal:
Records will be maintained and disposed of in accordance with a
records disposition authority approved by the Archivist of the United
States.
System manager(s) and address:
Assistant Inspector General for Policy, Planning and Resources
(53), Veterans Administration Central Office, Washington, DC 20420.
Notification procedure:
An individual who wishes to determine whether a record is being
maintained by the Assistant Inspector General for Policy, Planning
and Resources, under his or her name in this system or wishes to
determine the contents of such records should submit a written
request to the Assistant Inspector General for Policy, Planning and
Resources (53). However, a majority of records in this system are
exempt from the notification requirements under 5 U.S.C. 552a (j) and
(k). To the extent that records in this system or records are not
subject to exemption, they are subject to notification. A
determination as to whether an exemption applies shall be made at the
time a request for notification is received.
Record access procedures:
An individual who seeks access to or wishes to contest records
maintained under his or her name in this system may write or call the
Assistant Inspector General for Policy, Planning and Resources (53).
However, a majority of records in this system are exempt from the
records access and contesting requirements under 5 U.S.C. 552a (j)
and (k). To the extent that records in this system of records are not
subject to exemption, they are subject to access and contest. A
determination as to whether an exemption applies shall be made at the
time a request for access or contest is received.
Contesting record procedures:
(See records access procedures above.)
Record source categories:
Information is obtained from employees, third parties (e.g., on
occasion a veteran, beneficiary or third party), the General
Accounting Office, Veterans Administration records, congressional and
federal offices.
Systems exempted from certain provisions of the act:
Under 5 U.S.C. 552a(j)(2), the head of any agency may exempt any
system of records within the agency from certain provisions of the
Privacy Act if the agency or component that maintains the system
performs as its principal function any activities pertaining to the
enforcement of criminal laws. The Inspector General Act of 1978, Pub.
L. 95-452, mandates the Inspector General to recommend policies for
and to conduct, supervise and coordinate activities in the Veterans
Administration and between the Veterans Administration and other
Federal, State and local governmental agencies with respect to: (1)
The prevention and detection of fraud in programs and operations
administered or financed by the Veterans Administration and (2) the
identification and prosecution of participants in such fraud. Under
the Act, whenever the Inspector General has reasonable grounds to
believe there has been a violation of Federal criminal law, the
Inspector General must report the matter expeditiously to the
Attorney General.
This system of records has been created in major part to support
the criminal law-related activities assigned by the Inspector General
to the Assistant Inspector General for Investigations. These
activities constitute a principal function of the Inspector General's
Complaint Center staff.
In addition to principal functions pertaining to the enforcement
of criminal laws, the Inspector General may receive and investigate
complaints and allegations from various sources concerning the
possible existence of activities constituting noncriminal violations
of law, rules or regulations; mismanagement; gross waste of funds;
abuses of authority or substantial and specific danger to the public
health and safety. This system of records also exists to support
inquiries by the Assistant Inspectors General for Auditing and for
Policy, Planning and Resources into these noncriminal violations.
Based upon the foregoing, the Administrator of Veterans Affairs
has exempted this system of records, to the extent that it
encompasses information pertaining to criminal law-related
activities, from the following provisions of the Privacy Act of 1974,
as permitted by 5 U.S.C. 552a(j)(2):
5 U.S.C. 552a(c) (3) and (4)
5 U.S.C. 552a(d)
5 U.S.C. 552a(e) (1), (2) and (3)
5 U.S.C. 552a(e)(4) (G), and (H) and (I)
5 U.S.C. 552a(e) (5) and (8)
5 U.S.C. 552a(f)
5 U.S.C. 552a(g)
The Administrator of Veterans Affairs has also exempted this
system of records to the extent that it does not encompass
information pertaining to criminal law-related activities under 5
U.S.C. 552a(j)(2) from the following provisions of the Privacy Act of
1974, as permitted by 5 U.S.C. 552a(k)(2):
5 U.S.C. 552a(c)(3)
5 U.S.C. 552a(d)
5 U.S.C. 552a(e)(1)
5 U.S.C. 552a(e)(4) (G), (H) and (I)
5 U.S.C. 552a(f)
Reasons for exemptions: The exemption of information and material
in this system of records is necessary in order to accomplish the law
enforcement functions of the Office of Inspector General; e.g., to
prevent subjects of investigations from frustrating the investigatory
process by discovering the scope and progress of an investigation, to
prevent the disclosure of investigative techniques, to fulfill
commitments made to protect the confidentiality of sources, to
maintain access to sources of information and to avoid endangering
these sources and law enforcment personnel.
67VA30
System name: PROS/KEYS User Permissions Data Base-VA.
System location:
Hard copy records are maintained in the Office of Information
Systems and Telecommunications, Directorate for Operations
Management, ADP Support Staff, Interactive Support Division (32C), VA
Central Office, Washington, DC 20420. Magnetic records are maintained
by the Veterans Administration Data Processing Center, 1615 East
Woodward Street, Austin, Texas 78772.
Categories of individuals covered by the system:
Veterans Administration employees and authorized vendors who have
requested and been granted access to the resources of the VA Data
Processing Center, Austin, Texas.
Categories of records in the system:
Records (or information contained in the records) may include:
(1) Names of individuals who have requested and and been granted
access to the resources of the VA Data Processing Center, Austin,
Texas; (2) the individuals' job title and Veterans Administration
employee number or Social Security numbers; (3) the individual's
office address and phone number; (4) information relating to data
file and computer system access permissions.
Authority for maintenance of the system:
Title 38, United States Code, 210(c).
Routine uses of records maintained in the system, including
categories of users and the purposes of such uses:
1. To disclose pertinent information to the appropriate Federal,
State, or local agency responsible for investigating, prosecuting,
enforcing, or implementing a statute, rule, regulation, or order,
where the disclosing agency becomes aware of an indication of a
violation or potention violation of civil or criminal law or
regulation.
2. To disclose information to a Federal agency, in response to
its request, in connection with the hiring or retention of an
employee, the issuance of a security clearance, the conducting of a
security or suitability investigation of an individual, the
classifying of jobs, the letting of a contract, or the issuance of a
license, grant, or other benefit by the requesting agency, to the
extent that the information is relevant and necessary to requesting
the agency's decision on the matter.
3. To provide information to a congressional office from the
record of an individual in response to an inquiry from that
congressional office made at the request of that individual.
4. To disclose information to another Federal agency or to a
court when the Government is party to a judicial proceeding before
the court.
5. By the National Archives and Records Administration in records
management inspections conducted under authority of 44 U.S.C. 2904
and 2906.
6. To disclose information to officials of the Merit Systems
Protection Board, including the Office of the Special Counsel, the
Federal Labor Relations Authority and its General Counsel, or the
Equal Employment Opportunity Commission when requested in performance
of their authorized duties.
7. To disclose in response to a request for discovery or for
appearance of a witness, information that is relevant to the subject
matter involved in a pending judicial or administrative proceeding.
8. Any information in this system may be disclosed to a Federal
grand jury, Federal court or a party in litigation, or a Federal
agency or party to an administrative proceeding being conducted by a
Federal agency, in order for the VA to respond to and comply with the
issuance of a Federal subpoena.
9. Any information in this system may be disclosed to a State or
municipal grand jury, a State or municipal court or a party in
litigation, or to a State or municipal administrative agency
functioning in a quasi-judicial capacity or a party to a proceeding
being conducted by such an agency, in order for the VA to respond to
and comply with the issuance of a State or municipal subpoena;
provided, that any disclosure of informaiton made under this routine
use must comply with the provisions of 38 CFR 1.511.
Policies and practices for storing, retrieving, accessing,
retaining and disposing of records in the system:
Storage:
The Office of Information Systems and Telecommunications,
Directorate for Operations Management, ADP Support Staff, Interactive
Support Division (32C), VA, VA Central Office, Washington, DC 20420
retains original signed copies of requests for system and data file
permissions. These documents are retained in a locked filing cabinet
with a one hour burn rating. Data files supporting the automated
system are stored in a secured area located at the Veterans
Administration Data Processing Center, 1615 East Woodward Street,
Austin, Texas 78772. Data files are stored on magnetic disk and, for
archival purposes, on magnetic tape.
Retrievability:
Paper records are maintained in alphabetical order by the last
name of the requester. Access to the automated system is via computer
terminal. Standard security precautions are used to prohibit access
to only authorized personnel.
Safeguards:
Paper records are maintained in a manned room during working
hours. During non-working hours, there is limited access to the
building with visitor control by security personnel; the room where
the paper records are kept is locked, and the filing cabinets is
secured with a built-in combination lock. Access to the records is on
a need-to-know basis only. The automated system is protected by a
generalized system security facility and by specific security
techniques used within the application that accesses the data file.
Access to the system is controlled by both the Interactive Support
Division (32C) and the Austin Data Processing Center staff
responsible for remote user support (200/40).
Retention and disposal:
Records will be maintained and disposed of in accordance with the
records disposal authority approved by the Archivist of the United
States.
System manager(s) and address:
Office of the Director (30), Office of Information Systems and
Telecommunications, VA Central Office, Washington, DC 20420.
Notification procedure:
An individual who wishes to determine whether a record is being
maintained by the Office of Information Systems and
Telecommunications under his or her name or other personal identifier
or who wants to determine the contents of such records should submit
a written request or apply in person to the Office of the Director
(30).
Record access procedures:
An individual who seeks access or wishes to contest records
maintained under his or her name or other personal identifier may
write or call or visit the Office of the Director.
Contesting record procedures:
See Record Access Procedures above.
Record source categories:
Individuals who have applied for and been granted access
permissions to the resources of the Austin Data Processing Center.
68VA05
System name: VA Employee Counseling Services Program Records.
System location:
These records are located at VA facilities (See Appendix 1) and
at other Federal, State, or local government or private sector
agencies or institutions which have agreements with the VA to provide
counseling to VA employees or family members with alcohol, drug or
emotional or personal health problems.
Categories of individuals covered by the system:
Categories of individuals who may be covered by the system
include current or former VA employees or immediate family members of
VA employees who have been counseled or otherwise treated regarding
alcohol or drug abuse or for personal or emotional health problems.
Categories of records in the system:
The records (or information contained in records) may include
records and documents related to employee visits to counselors,
diagnosis, recommended treatment, prognosis, results of treatment,
and other notes or records of discussions held by a program counselor
with the employee, employee's family members or supervisors. Records
in this system may also contain documentation of treatment at a
Federal, State, local government, private agencies, or institutions
which have agreements with the VA to provide counseling to VA
employees or family members with alcohol, drug or personal or
emotional health problems.
Authority for maintenance of the system:
5 U.S.C. 7901, 21 U.S.C. 1101, 42 U.S.C. 4541 and 4561 and 44
U.S.C. 3101.
Routine uses of records maintained in the system, including
categories of users and the purposes of such uses:
1. Any information in this system may be disclosed to approved
third parties for the purpose of conducting scientific research,
management audits, financial audits, or program evaluations; however,
such third parties may not identify, directly or indirectly, any
individual patient or subject in any report of such research, audit
or evaluation, or otherwise disclose patient or subject identities in
any manner.
2. Any information in this system may be disclosed to the
Department of Justice, or, when appropriate, to other Federal
agencies, in order for the VA or another Federal agency to defend any
claims against the United States arising from the treatment or
counseling of an employee or family member with alcohol, drug,
emotional or personal health problems.
Policies and practices for storing, retrieving, accessing,
retaining, and disposing of records in the system:
Storage:
These records are maintained on paper documents in file folders.
Retrievability:
These records are retrieved by the names of the individuals on
whom they are maintained.
Safeguards:
These records are maintained in locked file cabinets with access
limited to the program Counselor or Coordinator.
Retention and disposal:
Records are maintained for three years after the employee's last
contact with the Counselor, or for three years after the employee's
separation or transfer, whichever comes first. Records are destroyed
by shredding or burning.
System manager(s) and address:
Assistant Deputy Administrator for Personnel & Labor Relations
(05), 810 Vermont Avenue, NW, Washington, DC 20420.
Notification procedure:
VA employees or family members wishing to inquire whether this
system of records contains information about them should contact the
VA Employee Alcoholism and Drug Abuse or Counseling Services Program
Counselor or Coordinator who arranged for counseling or treatment.
Individuals must furnish their name and date of birth for their
records to be located and identified.
Record access procedures:
VA employees or family members wishing to request access to
records pertaining to them should contact the VA Employee Alcoholism
and Drug Abuse or Counseling Services Program Counselor or
Coordinator who arranged for counseling or treatment. Individuals
must furnish their name and date of birth for their records to be
located and identified.
An individual must also follow the VA's Privacy Act regulations
and procedures regarding verification of identity and amendment of
records.
Contesting record procedures:
VA employees or family members wishing to request amendment to
these records should contact the Program Counselor or Coordinator who
arranged for counseling or treatment. Individuals must furnish their
name and date of birth for their records to be located and
identified.
An individual must also follow the VA's Privacy Act regulations
and procedures regarding verification of identity and amendment of
records.
Record source categories:
Information in this system of records comes from the individual
to whom it applies, the supervisor of the employee, if the employee
was referred by a supervisor for counseling, the Program Counselors
or Coordinators who recorded counseling sessions, and therapists or
institutions providing treatment.
69VA114
System name: Ionizing Radiation Registry-VA.
System location:
Records are maintained at the VA Data Processing Center, Austin,
Texas 78772 and VA Central Office, Washington, DC 20402.
Categories of individuals covered by the system:
Veterans who may have been exposed to ionizing radiation while on
active military duty, either at the testing of a nuclear device
between 1945 and 1962, or during the American occupation of Hiroshima
or Nagasaki, Japan, between September 11, 1945, and July 1, 1946, and
who (1) apply for hospital or nursing home care under Title 38 United
States Code, Chapter 17; (2) file a claim for compensation under
Title 38 United States Code, Chapter 11; or (3) dies and is survived
by a spouse, child, or parent who files a claim for dependency and
indemnity compensation under Title 38 United States Code, Chapter 13.
Categories of records in the system:
Records (or information contained in the records) in the system
may include identifying information (e.g., name, address, telephone
number, social security number, military service number, VA claim
number, date of birth); information related to medical examination or
treatment (e.g., location of VA medical facility where examination
was performed or treatment provided, treatment dates, medical
conditions treated or noted on examination, information describing
any birth defects in the natural children of the veteran);
information concerning VA claims for compensation on the basis of a
disability which may be associated with the exposure to ionizing
radiation; and, information related to the estimate of the dose of
radiation to which the veteran was exposed while on active military
duty. The system includes copies of computer files from the military
departments that include exposure measurements for military
personnel.
Authority for maintenance of the system:
Sec. 232 of Pub. L. 99-576.
Routine uses of records maintained in the system, including
categories of users and the purposes of such uses:
1. The record of an individual who is covered by this system may
be disclosed to a member of Congress or staff person acting for the
member when the member or staff person requests the record on behalf
of and at the request of that individual.
2. Disclosure of VA records as deemed necessary and proper to
accredited service organizations, agents, and attorneys recognized
under a power of attorney or declaration of representation to assist
in the preparation, presentation, and prosecution of claims.
3. A record containing the name(s) and address(es) of present or
former members of the armed services and/or their dependents may be
released from this system of records under certain circumstances: (1)
To any nonprofit organization if the release is directly connected
with the conduct of programs and the utilization of benefits under
Title 38, and (2) to any criminal or civil law enforcement
governmental agency or instrumentality charged under applicable law
with the protection of the public health or safety if a qualified
representative of such organization, agency or instrumentality has
made a written request that such name(s) or address(es) be provided
for a purpose authorized by law; provided, further, that the
record(s) will not be used for any purpose other than that stated in
the request and that the organization, agency or instrumentality is
aware of the penalty provision of 38 U.S.C. 3301(f).
4. Disclosure of information, excluding name and address, (unless
name and address is furnished by the requester) for research purposes
determined to be necessary and proper, to epidemiological and other
research facilities approved by the Chief Medical Director.
5. In order to conduct Federal research necessary to accomplish a
statutory purpose of an agency, at the written request of the head of
the agency, or designee of the head of that agency, the name(s) and
address(es) of present or former personnel of the Armed Services and/
or their dependents may be disclosed (a) to a Federal department or
agency or (b) directly to a contractor of a Federal department or
agency. When a disclosure of this information is to be made directly
to the contractor, the VA may impose applicable conditions on the
department, agency, and/or contractor to insure the appropriateness
of the disclosure to the contractor.
6. Disclosure may be made to the NARA (National Archives and
Records Administration) in records management inspections conducted
under authority of 44 U.S.C. 2904 and 2906.
7. Any information in this system may be disclosed to a Federal
grand jury, a Federal court or a party in litigation, or a Federal
agency or party to an administrative proceeding being conducted by a
Federal agency, in order for the VA to respond to and comply with the
issuance of a Federal subpoena.
8. Any information in this system may be disclosed to a State or
municipal grand jury, a State or municipal court or a party in
litigation, or to a State or municipal administrative agency
functioning in a quasi-judicial capacity or a party to a proceeding
being conducted by such agency, in order for the VA to respond to and
comply with the issuance of a State or municipal subpoena; provided,
that any disclosure or claimant information made under this routine
use must comply with the provisions of 38 CFR 1.511.
Policies and practices for storing, retrieving, accessing,
retaining, and disposing of records in the system:
Storage:
Records (or information contained in records) are maintained on
paper documents, microfilm, microfiche, magnetic tape and magnetic
disks.
Retrievability:
Records are indexed by name and social security number.
Safeguards:
Access to records in the VA Central Office is only authorized to
VA personnel on a `` need-to-know'' basis. Records are maintained in
manned rooms during working hours. During nonworking hours, there is
limited access to the building with visitor control by security
personnel. Information in the computer file at the Austin VA Data
Processing Center may be accessed and updated by authorized VA
Central Office personnel via modem. Access is limited to authorized
employees by individually unique access code which are changed
periodically. Access to the VA Data Processing Center is generally
restricted to center employees, custodial personnel, Federal
Protective Service and other security personnel. Access to computer
rooms is restricted to authorized operational personnel through
electronic locking devices. All other persons gaining access to
computer rooms are escorted.
Retention and disposal:
Records will be maintained and disposed of in accordance with
records disposition authority approved by the Archivist of the United
States.
System manager(s) and address:
Director, Environmental Agents Service(146A), VA Central Office,
Washington, DC 20420.
Notification procedures:
An individual who wishes to determine whether a record is being
maintained in this system under his or her name or other personnel
identifier, or wants to determine the contents of such record, should
submit a written request or apply in person to the Director,
Radiology Service (114). Inquiries should include the veteran's name,
social security number and return address.
Record access procedures:
An individual who seeks access to records maintained under his or
her name in this system may write or visit the Director, Radiology
Service (114).
Contesting record procedures:
See Record Access Procedures above.
Record source categories:
VA patient medical records, various automated record systems
providing clinical and managerial support to VA health care
facilities, the veteran, family members, and records from the
Department of Veterans Benefits, Department of Defense, Defense
Nuclear Agency of the Department of Defense, Department of the Army,
Department of the Air Force, Department of the Navy, and other
Federal agencies.
71VA53
System name: Office of Inspector General Management Information
System, 71VA53.
System location:
Office of Inspector General (53D), Management Information Staff,
Veterans Administration, 810 Vermont Avenue, NW, Washington, DC
20420, and the Computer Sciences Corporation Infonet Timesharing
System, Beltsville, Maryland.
Categories of individuals covered by the system:
The following category of individuals will be covered by the
system: All personnel assigned to Office of Inspector General
including auditors, investigators and administrative support staff.
Categories of records in the system:
Records (or information contained in records) may include: (1)
Individual's name; (2) social security number; (3) date of birth; (4)
service computation date; (5) career status; (6) assigned station;
(7) job series; (8) education; (9) grade; (10) evaluation due date;
(11) assignments; (12) travel; (13) experience; (14) training; and
(15) audit and investigation case tracking data (e.g., case number,
budgeted and actual staff days, target and completion dates, findings
and results).
Authority for maintenance of the system:
Title 38, U.S.C., Section 210 and Pub. L. 95-452, sections 4, 5,
and 6.
Routine uses of records maintained in the system, including
categories of users and the purposes of such uses:
None.
Policies and practices for storing, retrieving, accessing,
retaining, and disposing of records in the system:
Storage:
Active records are stored on magnetic disk, with backup active
records and inactive records maintained on magnetic tape. Records are
also stored on computer printouts.
Retrievability:
Records are retrieved by social security number or name.
Safeguards:
Records will be maintained in a private library accessible only
to authorized users. Access to records will be limited to VA
employees on a ``need-to-know'' basis by control of passwords and
authorized user identification codes. Computer system documentation
will be maintained in a secure environment in the Office of Inspector
General, Va Central Office. Physical access to printouts and data
terminals will be limited to authorized personnel in both Office of
Inspector General, VA Central Office and field offices.
Retention and disposal:
Records will be maintained and disposed of in accordance with
records disposition authority approved by the Archivist of the United
States.
System manager(s) and address:
Chief, Management Information Staff (53D), Office of Inspector
General, VA Central Office, 810 Vermont Avenue, NW, Washington, DC
20420.
Notification procedure:
Individuals seeking information concerning the existence of
records or the contents of records on him or her must furnish a
written request or apply in person to the Assistant Inspector General
for Policy, Planning and Resources, VA Central Office, 810 Vermont
Avenue, NW, Washington, DC 20420.
Record access procedures:
(See Notification procedure).
Contesting record procedures:
(See Notification procedure).
Record source categories:
Official personnel folder; other personnel documents; activity
supervisors; individual applications and forms; audit, investigation,
and report standard forms.
73VA14
System name: Health Professional Scholarship Program--VA.
System location:
Active records will be maintained at the Office of Academic
Affairs (O/AA), Department of Medicine and Surgery, Veterans
Administration Central Office (VACO), 810 Vermont Avenue, NW,
Washington, DC 20420, and the Data Processing Center, Veterans
Administration, 1615 East Woodward Street, Austin, TX 78772. Complete
records will be maintained only at the VACO address.
Categories of individuals covered by the system:
Individuals who apply for and are awarded scholarships under the
provisions of the Veterans Administration Health Professional
Scholarship Program in the fields of medicine, osteopathy and
nursing.
Categories of records in the system:
Records (or information contained in records) in this system may
include: Personal identification information related to the
application material, to award processes, to employment, and to
obligated service, such as (1) name, (2) address, (3) telephone
number, (4) social security number, (5) award amounts, (6) obligated
service incurred; and payment information such as name and address of
the educational institution or any amount of indebtedness (accounts
receivable) arising from the scholarship and owed to the VA.
Authority for maintenance of the system:
Title 38, U.S.C. 210(c), 4141-4146 and 4118.
Routine uses of records maintained in the system, including
categories of users and the purposes of such uses:
1. The record of an individual who is covered by this system may
be disclosed to a member of Congress or staff person acting for the
member when the member or staff person requests the record on behalf
of and at the request of that individual.
2. Any information in this system may be disclosed to a Federal,
State or local agency, upon its official request, to the extent that
it is relevant and necessary to that agency's decision on: The
hiring, transfer or retention of an employee, the issuance of a
security clearance, the letting of a contract, or the issuance or
continuance of a license, grant or other benefit by that agency.
3. Any information in this system may be disclosed to a Federal,
State or local agency maintaining civil or criminal violation
records, or other pertinent information such as prior employment
history, prior Federal employment background investigations, and
personal or educational background in order for the VA to obtain
information relevant to the hiring, transfer or retention of an
employee, the letting of a contract, the granting of a security
clearance, or the issuance of a grant or other benefit.
4. Any information in this system may be disclosed to a Federal
agency in order to determine if an applicant has an obligation for
service under another Federal program, thus rendering the applicant
ineligible for a VA scholarship. (38 U.S.C. 4142(a)(4)).
5. Any information in this system pertaining to individuals
eligible for scholarships may be disclosed to educational
institutions in order to assist in the administration of this
program.
6. Award payment information may be disclosed to the Treasury
Department to permit delivery of scholarship-related checks to
students and to educational institutions.
7. Any information in this system, including available
identifying information regarding the debtor, such as name, place of
birth, and date of birth of the debtor may be disclosed under this
routine use to Federal, State or consumer reporting agencies in order
to obtain current name, address, locator and credit report in
connection with any proceeding for the collection of an amount owed
to the United States by virtue of an individual's participation in
the VA Health Professional Scholarship Program.
8. Any information in this system may be disclosed to the
Department of Justice (DOJ), including U.S. Attorneys, in order for
the VA to respond to pleadings, interrogatories, orders or inquiries
from the DOJ, and to supply the DOJ with information in any phase of
litigation or in any case or controversy involving the VA.
9. Any information in this system may be disclosed to educational
institutions, previous employers or individuals providing references
to verify the authenticity of the application.
10. Records from this system of records may be disclosed to a
Federal Agency or to a State or local government licensing board and/
or to the Federation of State Medical Boards or a similar
nongovernment entity which maintains records concerning individuals'
employment histories or concerning the issuance, retention or
revocation of licenses, certifications, or registration necessary to
practice an occupation, profession or specialty , in order for the
Agency to obtain information relevant to an Agency decision
concerning the hiring, retention or termination of an employee or to
inform a Federal Agency or licensing boards or the appropriate
nongovernment entities about the health care practices of a
terminated, resigned or retired health care employee whose
professional health care activity so significantly failed to conform
to generally accepted standards of professional medical practice as
to raise reasonable concern for the health and safety of patients in
the private sector or from another Federal Agency. These records may
also be disclosed as part of an ongoing computer matching program to
accomplish these purposes.
11. Identifying information in this system, including name,
address, social security number and other information as is
reasonably necessary to identify such individual, may be disclosed to
the National Practitioner Data Bank at the time of hiring and/or
clinical privileging/reprivileging of health care practitioners, and
other times as deemed necessary by VA, in order for VA to obtain
information relevant to a Department decision concerning the hiring,
privileging/reprivileging, retention or termination of the applicant
or employee.
12. Relevant information from this system of records may be
disclosed to the National Practitioner Data Bank and/or State
Licensing Board in the State(s) in which a practitioner is licensed,
in which the VA facility is located, and/or in which an act or
omission occurred upon which a medical malpractice claim was based
when VA reports information concerning: (1) Any payment for the
benefit of a physician, dentist, or other licensed health care
practitioner which was made as the result of a settlement or judgment
of a claim of medical malpractice if an appropriate determination is
made in accordance with agency policy that payment was related to
substandard care, professional incompetence or professional
misconduct on the part of the individual; (2) a final decision which
relates to possible incompetence or improper professional conduct
that adversely affects the clinical privileges of a physician or
dentist for a period longer than 30 days; or, (3) the acceptance of
the surrender of clinical privileges or any restriction of such
privileges by a physician or dentist either while under investigation
by the health care entity relating to possible incompetence or
improper professional conduct, or in return for not conducting such
an investigation or proceeding. These records may also be disclosed
as part of a computer matching program to accomplish these purposes.
Policies and practices for storing, retrieving, accessing,
retaining, and disposing of records in the system:
Storage:
Records are maintained on magnetic tape and computer printouts at
the VA Data Processing Center, and in file folders, computer
printouts and word processor software at VACO.
Retrievability:
Records are retrievable by use of the award number, social
security number and the name of the individual.
Safeguards:
Access to the basic file in the Austin Data Processing Center
(DPC) is restricted to authorized VA employees and vendors. Access to
the computer room where the magnetic tape is located within the DPC
is further restricted to specifically authorized employees and is
protected by an alarm system, the Federal Protective Service and
other VA security personnel. Records at VA Central Office will be
kept in locked files and made available only to authorized personnel
on a need-to-know basis. During non-working hours the file is locked
and the building is protected by the Federal Protective Service.
Retention and disposal:
Records will be maintained and disposed of in accordance with
records disposition authority approved by the Archivist of the United
States.
System manager(s) and address:
Assistant Chief Medical Director for Academic Affairs (14),
Department of Medicine and Surgery, VA Central Office, 810 Vermont
Avenue, NW, Washington, DC 20420.
Notification procedure:
Any individual who wishes to determine whether a record is being
maintained in this system under his or her name or other personal
identifier, or wants to determine the contents of such records should
submit a written request or apply in person to the Assistant Chief
Medical Director for Academic Affairs (14), Department of Medicine
and Surgery, VA Central Office, 810 Vermont Avenue, NW, Washington,
DC 20420.
Record access procedures:
Individuals seeking information regarding access to and
contesting of VA records in this system may write, call or visit the
Assistant Chief Medical Director for Academic Affairs (14),
Department of Medicine and Surgery, VA Central Office, 810 Vermont
Avenue, NW, Washington, DC 20420.
Contesting record procedures:
See Records access procedures above.
Record source categories:
Information contained in the records is obtained from the
individual, references given in application material, educational
institutions, VA medical facilities, the VA DPC, other Federal
agencies, State agencies and consumer reporting agencies.
75VA001B
System name: Secretary's Official Correspondence Records
(75VA001B).
System location:
Records are maintained in the Office of the Secretary, Executive
Secretariat (001B), VA Central Office, Washington, DC 20420 with
copies located in various other offices throughout Department of
Veterans Affairs (VA) Central Office and field stations. (Address
locations are listed in VA Appendix 1 at the end of this document).
The Office of Administration, Safety and Office Support Services (03)
keeps records on magnetic media.
Categories of individuals covered by the system:
Individual citizens (veteran and nonveteran), VA employees,
organizations, agencies of Federal, state and local governments, and
public officials who have sent correspondence to VA.
Categories of records in the system:
Records (or information contained in records) may include: (1)
Names of individuals (e.g. private citizens, veterans, public
officials, organizations); (2) writers' Social Security number and/or
veterans' claim number (3) inquiries or correspondence sent to the
Secretary of Veterans Affairs by individuals; (4) information
pertinent to decisions or responses given by the Secretary,
administration heads or staff office directors; and (5) copies of the
decisions or responses of the Secretary ,administration heads or
staff office directors.
Authority for maintenance of the system:
Title 38, United States Code, 210(c).
Routine uses of records maintained in the system, including
categories of users and the purposes of such uses:
1. The records of an individual who is covered by this system may
be disclosed to a member of Congress or staff person acting for the
member when the member or staff person requests the record on behalf
of and at the request of that individual.
2. Any information in this system from correspondence or
inquiries sent to the Secretary of Veterans Affairs may be disclosed
to Federal or state agencies at the request of the correspondent or
inquirer in order for those agencies to help the correspondent with
his or her problem. The information disclosed may include the name
and address of the correspondent or inquirer and details concerning
the nature of the problem specified in the correspondence.
Policies and practices for storing, retrieving, accessing,
retaining, and disposing of records in the system:
Storage: Records of inquiries and correspondence are maintained on
paper documents in individual file folders in the Office of the
Secretary. Data filessupporting the automated system are stored in a
secured area on magnetic disk and tape.
Retrievability:
Records are maintained in alphabetical order by last name of the
individual correspondent. When appropriate, records are also filed
alphabetically by name of member of Congress representing the
correspondent. Access to the automated system is via terminals
located in the secured area referred in SAFEGUARDS. Standard security
precautions are used to prohibit access to only authorized personnel.
Safeguards:
Records are maintained in a manned room during working hours.
During nonworking hours, there is limited access to the building with
visitor control by security personnel, and the room where the records
are kept is locked. Access to the records is only authorized to VA
personnel on a ``need-to-know'' basis.
Retention and disposal:
In the Office of the Secretary, records retrieved by last name of
members of Congress are retained in the Secretary's Office for one
current year then retired to inactive storage in VA and Federal
Archives and Records Center for ten years. All other records in this
system are retained in VA for five years then retired to the
Washington National Records Center where they are retained for 20
years. Thereafter, they are offered to National Archives for
accessioning. After five years automated files are maintained
indefinitely on a history file in the correspondence tracking system.
System manager(s) and address:
Office of the Secretary, Executive Secretariat (001B), VA Central
Office, Washington, DC 20420.
Notification procedure:
An individual who wishes to determine whether a record is being
maintained by the Office of the Secretary (001B) under his or her
name or other personal identifier or wants to determine the contents
of such records should submit a written request or apply in person to
Executive Secretariat (001B).
Record access procedures:
An individual who seeks access to or wishes to contest records
maintained under his or her name or other personal identifier may
write or call or visit the Executive Secretariat.
Contesting record procedures:
(See Records Access Procedures above.)
Record source categories:
Individuals (veterans, nonveterans,) attorneys, employees,
members of Congress, local and state officials and various private
and public organizations.
76VA05
System name: General Personnel Records (Title 38)-VA.
System location:
Active records are maintained at the Veterans Administration (VA)
Central Office, 810 Vermont Avenue, NW., Washington, DC 20420, VA
field facilities, and the VA Data Processing Center, 1615 East
Woodward Street, Austin, Texas 78772. The inactive records are
retired to the National Personnel Records Center, 111 Winnebago
Street, St. Louis, Missouri 63118.
Categories of individuals covered by the system:
Current and former employees appointed under 38 U.S.C. Chapter 73
to the occupations identified in 38 U.S.C. 4103, 4104(1), and
4104(3); individuals in those occupations who are appointed under 38
U.S.C. 4114; and residents appointed under 38 U.S.C. 4114(b). This
includes employees such as non-physician facility Directors,
physicians, dentists, podiatrists, optometrists, nurses, nurse
anesthetists, physician assistants, expanded-function dental
auxiliaries, certified respiratory therapy technicians, registered
respiratory therapists, licensed physical therapists, and licensed
practical or vocational nurses. Current and former employees
appointed under 38 U.S.C. Chapter 75 in the Veterans Canteen Service
are also covered.
Categories of records in the system:
Records in this system are official personnel files reflecting
work experience, licensure, credentials, educational level achieved,
and specialized education or training occurring outside of Federal
service; records reflecting Federal service and documenting work
experience, education, training, and/or award received while
employed, and all other information relating to qualifications;
records containing information about past and present positions held,
grades, salaries, duty station locations, and notices of all
personnel actions such as appointments, transfers, reassignments,
details, promotions, demotions, reductions-in-force, resignations,
separations, suspensions, approval of disability retirement
applications, retirements, and removals; records regarding career
development and counseling(s); recruitment and employment files;
promotion, upward mobility, and conversion files; suitability files;
computer printouts from an automated personnel system; records
reflecting enrollment or declination of enrollment in the Federal
Employees' Group Life Insurance Program and Federal Employees' Health
Benefits programs as well as forms showing designation of
beneficiary; records documenting findings and recommendations of
reviewing Boards; certifications of outside professional activities;
records relating to Government-sponsored training or participation in
VA or other programs designed to broaden an employee's work
experience and/or for purposes of advancement; performance appraisals
or proficiency reports, supporting documentation, written
recommendations for performance-based actions, statements made by the
employee regarding an appraisal/proficiency report given, and any
recommendations made based on them; records are documents on the
processing of adverse actions and actions based on inaptitude,
inefficiency, misconduct or disqualification during probation, any
notice of proposed action, materials relied on by the VA to support
the reasons in the notice, replies by the employee, statements of
witnesses, hearing notices, reports, and decisions made.
Authority for maintenance of the system:
38 U.S.C. Chapter 3, Section 210(c)(1), Chapters 73 and 75.
Routine uses of records maintained in the system, including
categories of users and the purposes of such uses:
1. To disclose information to the Office of Personnel Management
for the Central Personnel Data File.
2. To disclose information to Government training facilities
(Federal, State, and local) and to non-Government training facilities
(private vendors of training course or programs, private schools,
etc.) for training purposes.
3. To disclose information to educational institutions on
appointment of a recent graduate to a position in the Federal
service, and to provide colleges and university officials with
information about their students working under programs necessary to
a student's obtaining credit for the experience gained.
4. To disclose information to: The Department of Labor, Social
Security Administration, Department of Defense, Federal agencies that
have special civilian employee retirement programs; or a national,
state, county, municipal, or other publicly recognized charitable or
income security administration agency (e.g., state unemployment
compensation agencies), where necessary to adjudicate a claim under
the retirement, insurance or health benefits programs of the Office
of Personnel Management or an agency cited above, or to an agency to
conduct an analytical study or audit of benefits being paid under
such programs.
5. To disclose to the Office of Federal Employees' Group Life
Insurance, information necessary to verify election, declination, or
waiver of regular and/or optional life insurance coverage or
eligibility for payment of a claim for life insurance.
6. To disclose to health insurance carriers contracting with the
Office of Personnel Management to provide a health benefits plan
under the Federal Employees Health Benefits Program, information
necessary to identify enrollment in a plan, to verify eligibility for
payment of a claim for health benefits, or to carry out the
coordination or audit of benefit provisions of such contracts.
7. To disclose information to a Federal, State, or local agency
for determination of an individual's entitlement to benefits in
connection with Federal Housing Administration programs.
8. To consider and select employees for incentive awards and
other honors and to publicize those granted. This may include
disclosure to other public and private organizations, including news
media, which grant or publicize employee awards or honors.
9. To consider employees for recognition through administrative
and quality step increases and to publicize those granted. This may
include disclosure to other public and private organizations,
including new media, which grant or publicize employee recognition.
10. To disclose information to officials of labor organizations
recognized under 5 U.S.C. Chapter 71 when relevant and necessary to
their duties of exclusive representation concerning personnel
policies, practices, and matter affecting working conditions.
11. To disclose pertinent information to the appropriate Federal
(including offices of Inspector General), State, or local agency
responsible for investigating, prosecuting, enforcing, or
implementing a statute, rule, regulation, or order, where the VA
becomes aware of an indication of a violation or potential violation
of civil or criminal law or regulation.
12. To disclose information to any source when necessary to
obtain information relevant to a conflict-of-interest investigation
or determination.
13. To disclose information to any source from which additional
information is requested (to the extent necessary to identify the
individual, inform the source of the purposes(s) of the request, and
to identify the type of information requested), when necessary to
obtain information relevant to an Agency decision concerning the
hiring or retention of an employee, the issuance of a security
clearance, the conducting of a security or suitability investigation
of an individual, the letting of a contract, or the issuance of a
license, grant, or other benefits.
14. To disclose to an agency in the executive, legislative, or
judicial branch, or the District of Columbia's Government in response
to its request, or at the initiation of the VA information in
connection with the hiring of an employee, the issuance of a security
clearance, the conducting of a security or suitability investigation
of an individual, the letting of a contract, the issuance of a
license, grant, or other benefits by the requesting agency, or the
lawful statutory, administrative, or investigative purpose of the
agency to the extent that the information is relevant and necessary
to the requesting agency's decision.
15. To disclose information to private sector (i.e., non-Federal,
State, or local governments) agencies, organizations, boards,
bureaus, or commission (e.g., the Joint Commission on Accreditation
of Healthcare Organizations). Such disclosures may be made only when:
(1) The records are properly constituted in accordance with VA
requirements; (2) the records are accurate, relevant, timely, and
complete; and, (3) the disclosure is in the best interests of the
Government (e.g., to obtain accreditation or other approval rating).
When cooperation with the private sector entity, through the exchange
of individual records, directly benefits the VA's completion of its
mission, enhances personnel management functions, or increases the
public confidence in the VA's or the Federal Government's role in the
community, then the Government's best interests are served. Further,
only such information that is clearly relevant and necessary for
accomplishing the intended uses of the information as certified by
the receiving private sector entity is to be furnished.
16. To disclose information to the Office of Management and
Budget at any stage in the legislative coordination and clearance
process in connection with private relief legislation as set forth in
OMB Circular No. A-19.
17. To provide information to a congressional office from the
record of an individual in response to an inquiry from the
congressional office made at the request of the individual.
18. To disclose information to another Federal agency, to a
court, or a party in litigation before a court or in an
administrative proceeding being conducted by a Federal agency, either
when the Government is a party to a judicial proceeding or in order
to comply with the issuance of a subpoena. Information is also made
available pursuant to a court order directing production of personnel
records.
19. To disclose, in response to a request for discovery or for
appearance of a witness, information that is relevant to the subject
matter involved in a pending judicial or administrative proceeding.
20. To disclose information to the National Archives and Records
Administration (NARA) for records management inspections conducted
under authority of 44 U.S.C. 2904 and 2906.
21. To disclose to persons engaged in research and survey
projects information necessary to locate individulas for personnel
research or survey response, and to produce summary descriptive
statistics and analytical studies in support of the function for
which the records are collected and maintained, or for related work
force studies. While published statistics and studies do not contain
individual identifiers, in some instances, the selection of elements
of data included in the study may be structured in such a way as to
make the data individually identifiable by inference.
22. To provide an official of another Federal agency information
needed in the performance of official duties related to reconciling
or reconstructing data files in support of the functions for which
the records were collected and maintained.
23. When an individual to whom a record pertains is mentally
incompetent or under other legal disability, information in the
individual's record may be disclosed to any person who is responsible
for the care of the individual to the extend necessary to ensure
payment of benefits to which the individual is entitled.
24. To disclose to the VA-appointed representative of an employee
all notices, determinations, decisions, or other written
communications issued to the employee in connection with an
examination ordered by the VA under medical evaluation (formerly
fitness-for-duty) examination procedures or Agency-filed disability
retirement procedures.
25. To disclose to a requesting agency, organization, or
individual the home address and other relevant information on those
individuals who, it is reasonably believed, might have contacted an
illness, been exposed to, or suffered from a health hazard while
employed in the Federal work force.
26. To disclose to the Department of Defense specific civil
service employment information required under law on individuals
identified as members of the Ready Reserve, to ensure continuous
mobilization readiness of Ready Reserve units and members.
27. To disclose information to the Department of Defense,
National Oceanic and Atmospheric Administration, U.S. Public Health
Service, and the U.S. Coast Guard needed to effect any adjustments in
retired or retained pay required by the dual compensation provisions
of section 5532 of Title 5, United States Code.
28. To disclose information to officials of the Merit Systems
Protection Board, including the Office of the Special Counsel, when
requested in connection with appeals, special studies of the civil
service and other merit systems, review of rules and regulations,
investigation of alleged or possible prohibited personnel practices,
and such other functions, promulgated in 5 U.S.C. 1205 and 1206, or
as may be authorized by law.
29. To disclose information to the Equal Employment Opportunity
Commission when requested in connection with investigations of
alleged or possible discrimination practices, examination of Federal
affirmative employment programs, compliance with the Uniform
Guidelines on Employee Selection Procedures, or other functions
vested in the Commission by the President's Reorganization Plan No. 1
of 1978.
30. To disclose information to the Federal Labor Relations
Authority (including its General Counsel) when requested in
connection with investigation and resolution of allegations of unfair
labor practices, in connection with the resolution of exceptions to
arbitrator awards when a question of material fact is raised and
matters before the Federal Service Impasses Panel.
31. To disclose to prospective non-Federal employers, the
following information about a specifically identified current or
former employee: Tenure of employment; civil service status; length
of service in the VA and the Government; and when separated, the date
and nature of action as shown on the Notification of Personnel
Action--Standard Form 50 (or authorized exception).
32. Records from this system of records may be disclosed to a
State or local government licensing board and/or to the Federation of
State Medical Boards or a similar non-government entity which
maintains records concerning individual's employment histories or
concerning the issuance, retention or revocation of licenses or
registrations necessary to practice an occupation, profession or
specialty, in order for the Agency to obtain information determined
relevant to an Agency decision concerning the hiring, retention or
termination of an employee or to inform licensing boards or the
appropriate non-government entities about the health care practices
of a terminated, resigned or retired health care employee whose
professional health care activity so significantly failed to conform
to generally accepted standards of professional medical practice as
to raise reasonable concern for the health and safety of private
sector patients.
33. To disclose information to a State or local government entity
which has the legal authority to make decisions concerning the
issuance, retention or revocation of licenses, certifications or
registrations required to practice a health care profession, when
requested in writing by an investigator or supervisory official of
the licensing entity for the purpose of making a decision concerning
the issuance, retention or revocation of the license, certification
or registration of a named health care professional.
34. To disclose relevant information to the Department of Justice
and United States Attorneys in defense or prosecution of litigation
involving the United States, and to Federal agencies upon their
request in connection with review of administrative tort claims filed
under the Federal Tort Claims Act, 28 U.S.C. 2672.
35. To disclose information including the name, social security
number, date of birth, sex, annual salary, service computation date
of basic active service date, separation or retirement date,
veteran's preference, retirement status, occupational series,
position occupied, work schedule (full-time, part-time, or
intermittent), Agency identifier, geographic location (duty station
location), standard metropolitan statistical area, special program
identifier, and submitting office number of all Federal employees to
agencies participating in the ``Federal Employee Receiving Government
Assistance'' Matching Program conducted by the President's Council on
Integrity and Efficiency to help eliminate fraud and abuse in the
benefit program administered by agencies within the Federal
Government and to collect debts and overpayments owed to the Federal
Government.
36. To disclose to requesting States (and, upon specific VA
approval, by those States to local governments) information including
the name, social security number, date of birth, sex, annual salary,
separation or retirement date, retirement status, occupational
series, position occupied, work schedule (full-time, part-time,
intermittent), Agency identifier, geographic location (duty station
location), standard metropolitan statistical area, special
identifier, and submitting office number of Federal employees for use
in computer matching to help eliminate fraud and abuse in the benefit
programs administered by the States and to collect debts and over-
payments owed to those governments and their components.
37. To disclose hiring, performance, or other personnel-related
information to any facility with which there is, or there is proposed
to be, an affiliation, sharing agreement, contract, or similar
arrangement, for purposes of establishing, maintaining, or expanding
any such relationship.
38. Identifying information in this system, including name,
address, social security number and other information as is
reasonably necessary to identify such individual, may be disclosed to
the National Practitioner Data Bank at the time of hiring and/or
clinical privileging/reprivileging of health care practitioners, and
other times as deemed necessary by VA, in order for VA to obtain
information relevant to a Department decision concerning the hiring,
privileging/reprivileging, retention or termination of the applicant
or employee.
39. Relevant information from this system of records may be
disclosed to the National Practitioner Data Bank and/or State
Licensing Board in the State(s) in which a practitioner is licensed,
in which the VA facility is located, and/or in which an act or
omission occurred upon which a medical malpractice claim was based
when VA reports information concerning: (1) Any payment for the
benefit of a physician, dentist, or other licensed health care
practitioner which was made as the result of a settlement or judgment
of a claim of medical malpractice if an appropriate determination is
made in accordance with agency policy that payment was related to
substandard care, professional incompetence or professional
misconduct on the part of the individual; (2) a final decision which
relates to possible incompetence or improper professional conduct
that adversely affects the clinical privileges of a physician or
dentist for a period longer than 30 days; or (3) the acceptance of
the surrender of clinical privileges or any restriction of such
privileges by a physician or dentist either while under investigation
by the health care entity relating to possible incompetence or
improper professional conduct, or in return for not conducting such
an investigation or proceeding. These records may also be disclosed
as part of a computer matching program to accomplish these purposes.
40. Relevant information from this system of records concerning
the departure of a former VA employee, who is the subject of a
garnishment pursuant to a legal process as defined in 5 U.S.C. 5520a,
as well as the name and address of the designated agent for the new
employing agency or the name and address of any new private employer,
may be disclosed to the garnsihing party (garnisher).
Policies and practices for storing, retrieving, accessing,
retaining, and disposing of records in the system:
Storage:
Paper documents, microfilm, magnetic tape, disk.
Retrievability:
Both paper and automated records are retrieved by name, birth
date, social security number, or identification number of the
individual on whom they are maintained.
Safeguards:
Access to VA working and storage areas is restricted to VA
employees on a ``need to know'' basis; strict control measures are
enforced to ensure that disclosure to these individuals is also based
on this same principle. VA file areas are locked after normal duty
hours and are protected from outside access by the Federal Protective
Service.
Access to the VA Data Processing Center is restricted to
authorized VA employees and authorized representatives of vendors.
Access to the computer rooms within the data processing center is
further restricted to especially authorized VA personnel and vendor
personnel. Access to computerized records is limited through use of
access codes and entry logs. Additional protection is provided by
electronic locking devices, alarm systems, and guard service.
Exchange of data from the system between the data processing
center and the VA health care facilities is by use of the VADATS
telecommunications network. Access to the VADATS network equipment is
restricted since it is in the communications center of each facility.
Strict control measures are enforced to ensure that disclosure is
limited to a ``need to know'' basis.
Retention and disposal:
Records are maintained and disposed of in accordance with the
records disposition authorities found in General Records Schedule 1
and VA Records Control Schedule 10-1, except where otherwise required
to be retained for a longer period of time.
System manager(s) and address:
Director, Office of Personnel and Labor Relations (05), Veterans
Administration, 810 Vermont Avenue, NW, Washington, DC 20420.
Notification procedure:
Individuals wishing to inquire whether this system of records
containing information about them should contact the local VA
facility at which they are or were employed. It is necessary that the
following information be furnished in order that the appropriation
records may be located and identified: Full name(s); date of birth;
social security number; and signature. To facilitate records
identification, former employees must also provide the name of their
last duty station, if different than last employing facility, and
approximate dates of employment.
Record access procedures:
(See Notification Procedure.)
Contesting record procedures:
Current employees wishing to request amendment of their records
should contact the Personnel Officer of their current installation.
Former employees should contact the Director, Office of Personnel and
Labor Relations. (See System Manager(s) and Address.) Individuals
must furnish the following information for their records to be
located and identified: Full name(s); date of birth; social security
number; and signature. To facilitate records identification, former
employees must also provide the name of their last employing facility
and approximate dates of employment.
Record source categories:
Information in this system of records is provided by the
individual employee; examining physicians; educational institutions;
VA officials and other individuals or entities, e.g., job references
and supporting statements; testimony of witnesses; and correspondence
from organizations or persons, e.g., licensing boards.
77VA11
System name: Health Care Provider Credentialing and Privileging
Records--VA.
System location:
Records are maintained at each VA health care facilities. Address
locations for VA facilities are listed in VA Appendix 1 at the end of
this document. In addition, information from these records or copies
of records may be maintained at the Department of Veterans Affairs,
Central Office, 810 Vermont Avenue, NW, Washington, DC 20420 and/or
Veterans Integrated Service Network (VISN) Offices, as well as at
consolidated Health Care Systems Offices.
Categories of individuals covered by the system:
The records include information concerning health care providers
employed by VA and individuals who make application to VA and are
considered for employment as health care providers. These individuals
may include audiologists, dentists, dietitians, expanded-function
dental auxiliaries, licensed practical or vocational nurses, nuclear
medicine technologists, nurse anesthetists, nurse practitioners,
nurses, occupational therapists, optometrists, clinical pharmacists,
licensed physical therapists, physician assistants, physicians,
podiatrists, psychologists, registered respiratory therapists,
certified respiratory therapy technicians, diagnostic and therapeutic
radiology technologists, social workers, and speech pathologists.
Categories of records in the system:
The record may include information related to:
(1) The credentialing (the review and verification of an
individual's qualifications for employment which includes licensure,
registration or certification, professional education and training,
employment history, experience, appraisals of past performance,
health status, etc.) of applicants who are considered for employment;
(2) The privileging (the process of reviewing and granting or
denying a provider's request for clinical privileges to provide
medical or other patient care services, within well defined limits,
which are based on an individual's prefessional license, registration
or certification, experience, training, competence, health status,
ability, and clinical judgment) of health care provider applicants
who are considered for employment and VA health care providers who
are permitted by law and by the medical facility to provide patient
care independently and individuals whose duties and responsibilities
are determined to be beyond the normal scope of activities for their
profession;
(3) The periodic reappraisal of health care providers'
professional credentials and the reevaluation of the clinical
competence of providers who have been granted clinical privileges;
and/or
(4) Accessing and reporting to the National Practitioner Data
Bank.
The record will include the individual's name, address, date of
birth, social security number, name of medical or professional school
attended and year of graduation and may include information related
to: The individual's license, registration or certification by a
State licensing board and/or national certifying body (e.g., number,
expiration date, name and address of issuing office, status including
any actions taken by the issuing office or any disciplinary board to
include previous or current restrictions, suspensions, limitations,
or revocations); citizenship; hours and awards; professional society
membership; professional performance, experience, and judgment (e.g.,
documents reflecting work experience, appraisals of the applicant and
the applicant's past and current performance and potential);
educational qualifications (e.g., name and address of institution,
level achieved, transcript, information related to continuing
education); Drug Enforcement Administration certification (e.g.,
current status, any revocations, suspensions, limitations,
restrictions); information about mental and physical status;
evaluation of clinical and/or technical skills; involvement in any
administrative, professional or judicial proceedings, whether
involving VA or not, in which professional malpractice on the
individual's part is or was alleged; any actions, whether involving
VA or not, which result in the limitation, reduction, revocation, or
acceptance of surrender or restriction of the individual's clinical
privileges; and, clinical performance information that is collected
and used to support a determination of an individual's request for
clinical privileges. Some information that is included in the record
may be duplicated in an official personnel folder.
Purpose(s):
The information may be used for such purposes as: Verifying the
individual's credentials and qualifications for employment and/or
clinical privileges; advising prospective health care entity
employers, health care professional licensing or monitoring bodies,
the National Practitioner Data Bank, or similar entities of
activities of VA and former VA health care personnel; accreditation
of a facility by an entity such as the Joint Commission on
Accreditation of Healthcare Organizations; audits, reviews and
investigations conducted by staff of the health care facility, the
Regional Directors and Division Offices, VA Central Office, and the
VA Office of Inspector General; law enforcement investigations;
quality assurance audits, reviews and investigations; personnel
management and evaluations; employee ratings and performance
evaluations; and, employee disciplinary or other adverse action,
including discharge.
Authority for maintenance of the system:
38 U.S.C. 210(c) and chapter 73.
Routine uses of records maintained in the system, including
categories of users and the purposes of such uses:
1. In the event that a record maintained by VA to carry out its
functions indicates a violation or potential violation of law,
whether civil, criminal or regulatory in nature, and whether arising
by general statute or particular program statute, or by regulation,
rule or order issued pursuant thereto, the relevant records in the
system of records may be referred, as a routine use, to the
appropriate agency, whether Federal, State, local or foreign, charged
with the responsibility of investigating or prosecuting such
violation or charged with enforcing or implementing the statute, or
rule, regulation or order issued pursuent thereto.
2. A record from this system of records may be disclosed to any
source from which additional information is requested (to the extent
necessary to identify the individual, inform the source of the
purpose(s) of the request, and to identify the type of information
requested), when necessary to obtain information relevent to a
Department decision concerning the hiring or retention of an
employee, the issuance or reappraisal of clinical privileges, the
issuance of a security clearance, the conducting of a security or
suitability investigation of an individual, the letting of a
contract, or the issuance of a license, grant, or other benefits.
3. A record from this system of records may be disclosed to an
agency in the executive, legislative, or judicial branch, or the
District of Columbia's Government in response to its request, or at
the initiation of VA, information in connection with the hiring of an
employee, the issuance of a security clearance, the conducting of a
security or suitability investigation of an individual, the letting
of a contract, the issuance of a license, grant, or other benefits by
the requesting agency, or the lawful statutory, administrative, or
investigative purpose of the agency to the extent that the
information is relevant and necessary to the requesting agency's
decision.
4. Disclosure may be made to a congressional office from the
record or an individual in response to an inquiry from the
congressional office made at the request of that individual.
5. Disclosure may be made to NARA (National Archives and Records
Administration) in records management inspections conducted under
authority of 44 U.S.C. 2904 and 2906.
6. Records from this system of records may be disclosed to a
Federal agency or to a State or local government licensing board and/
or to the Federation of State Medical Boards or a similar
nongovernment entity which maintains records concerning individuals'
employment histories or concerning the issuance, retention or
revocation of licenses, certifications, or registration necessary to
practice an occupation, profession or specialty, in order for the
Department to obtain information relevant to a Department decision
concerning the hiring, retention or termination of an employee or to
inform a Federal agency or licensing boards or the appropriate non-
government entities about the health care practices of a terminated,
resigned, or retired health care employee whose professional health
care activity so significantly failed to meet generally accepted
standards of clinical practice as to raise reasonable concern for the
safety of patients. These records may also be disclosed as part of an
ongoing computer matching program to accomplish these purposes.
7. Information may be disclosed to private sector (i.e., non-
Federal, State, or local governments) agencies, organizations,
boards, bureaus, or commissions (e.g., the Joint Commission on
accreditation of Healthcare Organizations). Such disclosures may be
made only when: (1) The records are properly constituted in
accordance with VA requirements; (2) the records are accurate,
relevant, timely, and complete; and (3) the disclosure is in the best
interests of the Government (e.g., to obtain accreditation or other
approval rating). When cooperation with the private sector entity,
through the exchange of individual records, directly benefits VA's
completion of its mission, enhances personnel management functions,
or increases the public confidence in the VA's or the Federal
Government's role in the community, then the Government's best
interests are served. Further, only such information that is clearly
relevant and necessary for accomplishing the intended uses of the
information as certified by the receiving private sector entity is to
be furnished.
8. Informatin may be disclosed to a State or local government
entity or national certifying body which has the authority to make
decisions concerning the issuance, retention or revocation of
licenses, certifications or registrations required to practice a
health care profession, when requested in writing by an investigator
or supervisory official of the licensing entity or national
certifying body for the purpose of making a decision concerning the
issuance, retention or revocation of the license, certification or
registration of a named health care professional.
9. Information may be disclosed to the Department of justice and
United states Attorneys in defense or prosecution of litigation
involving the United States, and to Federal agencies upon their
request in connection with review of administrative tort claims filed
under the Federal Tort Claims Act, 28 U.S.C. 2672.
10. Hiring, performance, or other personnel related information
may be disclosed to any facility with which there is, or there is
proposed to be, an affiliation, sharing agreement, contract, or
similar arrangement, for purposes of establishing, maintaining, or
expanding any such relationship.
11. Information concerning a health care provider's professional
qualifications and clinical privileges may be disclosed to a VA
patient, or the representative or guardian of a patient who due to
physical or mental incapacity lacks sufficient understanding and/or
legal capacity to make decisions concerning his/her medical care, who
is receiving or contemplating receiving medical or other patient care
services from the provider when the information is needed by the
patient or the patient's representative or guardian in order to make
a decision related to the initiation of treatment, continuation or
discontinuation of treatment, or receiving a specific treatment that
is proposed or planned by the provider. Disclosure will be limited to
information concerning the health care provider's professional
qualifications (professional education, training and current
licensure/certification status), professional employment history, and
current clinical privileges.
12. Any information in this system which is relevant to a
suspected violation or reasonably imminent violation of law, whether
civil, criminal or regulatory in nature and whether arising by
general or program statute or by regulation, rule or order issued
pursuant thereto, may be disclosed to a Federal, State, local or
foreign agency charged with the responsibility of investigating or
prosecuting such violation, or charged with enforcing or implementing
the statute, regulation, rule or order issued pursuant thereto.
13. Information may be disclosed to officials of labor
organizations recognized under 5 U.S.C. chapter 71 when relevant and
necessary to their duties of exclusive representation concerning
personnel policies, practices, and matters affecting working
conditions.
14. Disclosure may be made to the VA-appointed representative of
an employee of all notices, determinations, decisions, or other
written communications issued to the employee in connection with an
examination ordered by VA under medical evaluation (formerly fitness-
for-duty) examination procedures or Department-filed disability
retirement procedures.
15. Information may be disclosed to officials of the Merit
Systems Protection Board, including the Office of the Special
Counsel, when requested in connection with appeals, special studies
of the civil service and other merit systems, review of rules and
regulations, investigation of alleged or possible prohibited
personnel practices, and such other functions, promulgated in 5
U.S.C. 1205 and 1206, r as may be authorized by law.
16. Information may be disclosed to the Equal Employment
Opportunity Commission when requested in connection with
investigations of alleged or possible discrimination practices,
examination of Federal affirmative employment programs, compliance
with the Uniform Guidelines of Employee Selection Procedures, or
other functions vested in the Commission by the President's
Reorganization Plan No. 1 of 1978.
17. Information may be disclosed to the Federal Labor Relations
Authority (including its General Counsel) when requested in
connection with investigation and resolution of allegations of unfair
labor practices, in connection with the resolution of exceptions to
arbitrator awards when a question of material fact is raised and
matters before the Federal Service Impasses Panel.
18. Identifying information in this system, including name,
address, social security number and other information as is
reasonably necessary to identify such individual, may be disclosed to
the National Practitioner Data Bank at the time of hiring and/or
clinical privileging/reprivileging of physicians, dentists and other
health care practitioners, and other times as deemed necessary by VA,
in order for VA to obtain information relevant to a Department
decision concerning the hiring, privileging/reprivileging, retention
or termination of the applicant or employee.
19. Relevant information from this system of records may be
disclosed to the National Practitioner Data Bank and/or State
Licensing Board in the State(s) in which a practitioner is licensed,
in which the VA facility is located, and/or in which an act or
omission occurred upon which a medical malpractice claim was based
when VA reports information concerning: (1) Any payment for the
benefit of a physician, dentist, or other licensed health care
practitioner which was made as the result of a settlement or judgment
of a claim of medical malpractice if an appropriate determination is
made in accordance with agency policy that payment was related to
substandard care, professional incompetence or professional
misconduct on the part of the individual; (2) a final decision which
relates to possible incompetence or improper professional conduct
that adversely affects the clinical privileges of a physician or
dentist for a period longer than 30 days; or, (3) the acceptance of
the surrender of clinical privileges or any restriction of such
privileges by a physician or dentist either while under investigation
by the health care entity relating to possible incompetence or
improper professional conduct, or in return for not conducting such
an investigation or proceeding. These records may also be disclosed
as part of a computer matching program to accomplish these purposes.
20. In response to a request about a specifically identified
current or former employee from a prospective Federal or non-Federal
health care entity employer, the following information may be
disclosed: (a) Relevant information concerning the individual's
professional employment history including the clinical privileges
held by the individual; (b) relevant information concerning a final
decision which results in a voluntary or involuntary limitation,
reduction or loss of clinical privileges; and (c) relevant
information concerning any payment which is made in settlement (or
partial settlement) of, or in satisfaction of a judgment in, a
medical malpractice action or claim and, when through a peer review
process that is undertaken pursuant to VA policy, negligence,
professional incompetence, responsibility for improper care, and/or
professional misconduct has been assigned to the individual.
Policies and practices for storing, retrieving, accessing,
retaining, and disposing of records in the system:
Storage:
Records are maintained on paper documents and information
included in the record may be stored on microfilm, magnetic tape or
disk.
Retrievability:
Records are retrieved by the names and social security numbers of
the individuals on whom they are maintained.
Safeguards:
1. Access to VA working and storage areas in VA health care
facilities is restricted to VA employees on a ``need to know'' basis;
strict control measures are enforced to ensure that disclosure to
these individuals is also based on this same principle. Generally, VA
file areas are locked after normal duty hours and the health care
facilities are protected from outside access by the Federal
Protective Service or other security personnel.
2. Access to the DHCP (Decentralized Hospital Computer Program)
computer room within the health care facilities is generally limited
by appropriate locking devices and restricted to authorized VA
employees and vendor personnel. ADP peripheral devices are generally
placed in secure areas (areas that are locked or have limited access)
or are otherwise protected. Information in the DHCP system may be
accessed by authorized VA employees. Access to file information is
controlled at two levels; the system recognizes authorized employees
by a series of individually unique passwords/codes as a part of each
data message, and the employees are limited to only that information
in the file which is needed in the performance of their official
duties.
3. Access to records in VA Central Office and the Regional
Directors and Division Offices is only authorized to VA personnel on
a ``need-to-know'' basis. Records are maintained in manned rooms
during working hours. During nonworking hours, there is limited
access to the building with visitor control by security personnel.
Retention and disposal:
Records are maintained at the employing VA facility. If the
individual transfers to another VA facility location, the record is
transferred to the new employing location. Records are retired to a
Federal records center 3 years after the individual separates from VA
employment (in some cases, records may be maintained at the facility
for a longer period of time) and are destroyed 30 years after
separation from employment. Records for applicants who are not
selected for VA employment are destroyed 2 years after non-selection
or when no longer needed for reference, whichever is sooner.
Information stored on electronic storage media is maintained and
disposed of in accordance with records disposition of in accordance
with records disposition authority approved by the Archivist of the
United States.
System manager(s) and address:
Official responsible for policies and procedures; Credentialing
and Privileging Manager(11B), Veterans Health Administration,
Department of Veterans Affairs, 810 Vermont Avenue, NW, Washington,
DC 20420. Officials maintaining the system; The Chief of Staff at the
VA health care facility where the provider made application for
employment, or was or is employed, and the credentialing coordinator
for individuals who made application for employment to, or are or
were employed at VA Central Office or at a VSN location.
Notification procedure:
Individuals who wish to determine whether this system of records
contains information about them should contact the VA facility
location at which they made application for employment, or are or
were employed. Inquiries should include the employee's full name,
social security number, date of application for employment or dates
of employment, and return address.
Record access procedures:
Individuals seeking information regarding access to and
contesting of records in this system may write, call or visit the VA
facility location where they made application for employment, or are
or were employed.
Contesting records procedures:
(See Record Access Procedures above.)
Record source categories:
Information in this system of records is provided by the
applicant/employee, or obtained from State licensing boards,
Federation of State Medical Boards, National Council of State Boards
of Nursing, National Practitioner Data Bank, professional societies,
national certifying bodies, current or previous employers and other
health care facilitiers and staff, references, educational
institutions, medical schools, VA staff, and VA patient medical
records.
78VA331
System name: Integrated Data Communications Utility Network
Management Data Base.
System location:
Hard copy and magnetic media records will be maintained by the
IDCU Network Service Center, 205 East King Street, Martinsburg, West
Virginia 25401.
Categories of individuals covered by the system:
Individuals who have been authorized to access the IDCU or the
network management resources of the IDCU.
Categories of records in the system:
Records (or information contained in the records) may include:
(1) Names of individuals who have been granted permission to access
the Integrated Data Communications Utility (IDCU) or its network
management resources; (2) the individual's job title and Department
of Veterans Affairs identification number or Social Security Number;
(3) the individual's office address and phone number; (4) a unique
IDCU identifier which identifies the specific individual; and (5)
user profile information relating the individual's access
authorizations and restrictions when using the IDCU or its network
management resources.
Authority for maintenance of the system:
National Security Decision Directive 145, National Policy on
Telecommunications and Automated Information Systems Security; and
the Department of Defense Standard 5200.28, Department of Defense
Trusted Computer System Evaluation Criteria and Title 38, United
States Code, 210(c).
Routine uses of records maintained in the system, including
categories of users and the purposes of such uses:
1. By IDCU management and security personnel to verify that an
individual is authorized to access the IDCU or IDCU network
management resources.
2. By IDCU management and security personnel to maintain an audit
trail or successful and unsuccessful attempts to access the IDCU and
IDCU network management resources.
3. To disclose pertinent information to the appropriate Federal,
State, or local agency responsible for investigating, prosecuting,
enforcing, or implementing a statute, rule, regulation, or order,
where the disclosing agency becomes aware of an indication of a
violation or potential violation of civil or criminal law or
regulation.
4. To provide information to a congressional office from the
record of an individual in response to an inquiry from the
congressional office made at the request of that individual.
5. To disclose information to another Federal agency or to a
court when the Government is party to a judicial proceeding before
the court.
6. By the National Archives and Records Administration in records
management inspections conducted under authority of 44 U.S.C. 2904
and 2906.
7. To disclose information to officials of the Merit Systems
Protection Board, including the Office of the Special Counsel, the
Federal Labor Relations Authority and its General Counsel, or the
Equal Employment Opportunity Commission when requested in performance
of their authorized duties.
Policies and practices for storing, retrieving, accessing,
retaining, and disposing of records in the system:
Storage:
Paper records and records on magnetic media will be maintained in
the IDCU Network Service Center in Martinsburg, West Virginia.
Retrievability:
Paper records will be indexed in alphabetical order by the last
name of the individual who has requested authority to access the
IDCU. Access to the automated system is via computer terminal.
Security precautions are used to limit access to authorized personnel
only on a need-to-know basis.
Safeguards:
Safeguards include both physical and system security measures.
These measures will meet or exceed those required to provide an
adequate level of protection for host systems to meet level C2
security as defined by the Department of Defense Trusted Computer
System Evaluation Criteria (DOD 5200.28-STD). The IDCU Service Center
will operate and enforce the safeguards 24 hours a day, seven days a
week.
Retention and disposal:
Records will be maintained and disposed of in accordance with the
records disposal authority approved by the Archivist of the United
States.
System manager(s) and address:
Director, Wide Area Network Service (331), VA Central Office,
Washington, DC 20420.
Notification procedure:
An individual who wishes to determine whether a record is being
maintained by the Director, Wide Area Network Service under his or
her name or other personal identifier or who want to determine the
contents of such records should submit a written request or apply in
person to the Office of the Director, Wide Area Network Service.
Record access procedures:
An individual who seeks access or wishes to contest records
maintained under his or her name or other personal identifier may
write, call or visit the Office of the Director, Wide Area Network
Service.
Contesting record procedures:
(See Record Access Procedures above.)
Record source categories:
(1) Individuals who have applied for access permissions to the
IDCU or its network management resources; and (2) organizational
lists of individual names that have been submitted to obtain access
permissions to the IDCU and IDCU network management resources.
79VA162
System name: Decentralized Hospital Computer Program (DNCP)
Medical Management Records-VA.
System location:
Records are maintained at each VA health care facility (in most
cases, back-up computer tape information is stored at off-site
locations). Address locations for VA facilities are listed in VA
Appendix 1. In addition, information from these records or copies of
records may be maintained at the Department of Veterans Affairs, 810
Vermont Avenue, NW, Washington, DC, VA Data Processing Centers, VA
Information System Centers, Regional Directors Offices, and Regional
Medical Education Centers.
Categories of individuals covered by the system:
The records include information concerning current and former
employees, applicants for employment, trainees, contractors, contract
personnel, students, consultants and attendings, patients,
volunteers, maintenance personnel, as well as individuals working
collaboratively with VA.
Categories of records in the system:
The record may include information entered into DHCP (and the
Integrated Hospital Systems (IHS) at selected medical facilities)
related to:
(1) Workload such as orders entered, verified, and edited (e.g.,
engineering workorders, doctors' orders for patient care including
nursing care, the scheduling and delivery of medications,
consultations, radiology, laboratory and other diagnostic and
therapeutic examinations); items checked out and items in use (e.g.,
library books, keys, x-rays, patient medical records, equipment,
supplies, reference materials); workplans entered and their executed
tracked (e.g., construction projects, engineering workorders and
equipment maintenance and repairs assigned to employees and status,
duty schedules, work assignments, work assignments, work
requirements); reports of contact with individuals or groups;
employees (including volunteers) work performance information (e.g.,
duties and responsibilities assigned and completed, amount of
supplies used, time used, quantity and quality of output,
productivity reports, schedules of patients assigned and treatment to
be provided);
(2) Administrative procedures, duties, and assignments of certain
personnel; and
(3) Computer access authorizations, computer applications
available and used, frequency and time of use; identification of the
person responsible for, currently assigned, or otherwise engaged in
various categories of patient care or support of health care
delivery; vehicle registration (motor vehicles and bicycles) and
parking space assignments; community and special project
participants/attendees (e.g., sports events, concerts, National
Wheelchair Games); employee work-related accidents.
The record may include identifying information (e.g., name, date
of birth, age, sex, social security number, taxpayer identification
number); address information (e.g., home and/or mailing address, home
telephone number, emergency contact information (name, address,
telephone number, relationship)); information related to training
(e.g., security, safety, inservice), education and continuing
education (e.g., name and address of schools and dates of attendance,
courses attended and scheduled to attend, type of degree,
certificate, etc., grades); information related to military service
and status; qualifications for employment (e.g., license, degree,
registration or certification, experience); vehicle information
(e.g., type make/model, license and registration number) evaluation
of clinical and/or technical skills; services or products purchased
(e.g., vendor name and address, details about and/or evaluation of
service or product, price/fee/cost, dates purchased and delivered,
employee workload and productivity data), employee work related
injuries (cause, severity, type of injury, body part affected).
Purpose(s):
The records and information may be used for statistical analysis,
to produce various management, workload tracking and follow-up
reports, to track and evaluate the ordering and delivery of
equipment, services and patient care, the planning, distribution and
utilization of resources, the possession and/or use of equipment or
supplies, the performance of vendors, equipment, and employees, and
to provide clinical and administrative support to patient medical
care. The data may be used also for such purposes as assisting in the
scheduling of tours and duties and job assignments of employees, the
scheduling of patient treatment services including nursing care,
clinic appointments, surgery, diagnostic and therapeutic procedures,
the repair and maintenance of equipment, and for follow-up to
determine that the actions were accomplished and to evaluate the
results, the registration of vehicles and the assignment and
utilization of parking spaces, to plan, schedule, and maintain
rosters of patients, employees and others attending or participating
in sports, recreational or other events (e.g., National Wheelchair
Games, concerts, picnics), for audits, reviews and investigations
conducted by staff of the health care facility, the Regional
Directors Offices, VA Central Office, and the VA Office of Inspector
General (OIG), for quality assurance audits, reviews and
investigations, for law enforcement investigations, and personnel
management and evaluation and employee ratings and performance
evaluations.
Authority for maintenance of the system:
Title 38, United States Code, section 4101(a).
Routine uses of records maintained in the system, including
categories of users and the purposes of such uses:
1. In the event that a record maintained by VA to carry out its
functions indicates a violation or potential violation of law,
whether civil, criminal or regulatory in nature, and whether arising
by general statute or particular program statute, or by regulation,
rule or order issued pursuant thereto, the relevant records in the
system of records may be referred, as a routine use, to the
appropriate agency whether Federal, State, local or foreign, charged
with the responsibility of investigating or prosecuting such
violation or charged with enforcing or implementing the statute, or
rule, regulation or order issued pursuant thereto.
2. A record from this system of records may be disclosed to any
source from which additional information is requested (to the extent
necessary to identify the individual, inform the source of the
purpose(s) of the request, and to identify the type of information
requested), when necessary to obtain information relevant to a
Department decision concerning the hiring or retention of an
employee, the issuance of a security clearance, the conducting of a
security or suitability investigation of an individual, the letting
of a contract, or the issuance of a license, grant, or other
benefits.
3. A record from this system of records may be disclosed to an
agency in the executive, legislative, or judicial branch, or the
District of Columbia's Government in response to its request, or at
the initiation of VA, information in connection with the hiring of an
employee, the issuance of a security clearance, the conducting of a
security or suitability investigation of an individual, the letting
of a contract, the issuance of a license, grant, or other benefits by
the requesting agency, or the lawful statutory, administrative, or
investigative purpose of the agency to the extent that the
information is relevant and necessary to the requesting agency's
decision.
4. Disclosure may be made to a congressional office from the
record of an individual in response to an inquiry from the
congressional office made at the request of that individual.
5. Disclosure may be made to NARA (National Archives and Records
Administration) in records management inspections conducted under
authority of 44 U.S.C. 2904 and 2906.
6. Records from this system of records may be disclosed to the
Department of Justice and United States Attorneys in defense or
prosecution of litigation involving the United States, and to Federal
agencies upon their request in connection with review of
administrative tort claims filed under the Federal Tort Claims Act,
28 U.S.C. 2672.
7. Hiring, performance, or other personnel related information
may be disclosed to any facility with which there is, or there is
proposed to be an affiliation, sharing agreement, contract, or
similar arrangement, for purposes of establishing, maintaining, or
expanding any such relationship.
8. Records from this system of records may be disclosed to a
Federal agency or to a State or local government licensing board and/
or to the Federation of State Medical Boards or a similar
nongovernment entity which maintains records concerning individuals'
employment histories or concerning the issuance, retention or
revocation of licenses, certifications, or registration necessary to
practice an occupation, profession or speciality, in order for the
Department to obtain information relevant to a Department decision
concerning the hiring, retention or termination of an employee or to
inform a Federal agency or licensing boards or the appropriate
nongovernment entities about the health care practices of a
terminated, resigned or retired health care employee whose
professional health care activity so significantly failed to conform
to generally accepted standards of professional medical practice as
to raise reasonable concern for the health and safety of patients
receiving medical care in the private sector or from another Federal
agency. These records may also be disclosed as part of an ongoing
computer matching program to accomplish these purposes.
9. For program review purposes and the seeking of accreditation
and/or certification, record information may be disclosed to survey
teams of the Joint Commission on Accreditation of Healthcare
Organizations, College of American Pathologists, American Association
of Blood Banks, and similar national accreditation agencies or boards
with whom VA has a contract or agreement to conduct such reviews, but
only to the extent that the information is necessary and relevant to
the review.
10. Information may be disclosed to a State or local government
entity or national certifying body which has the authority to make
decisions concerning the issuance, retention or revocation of
licenses, certifications or registrations required to practice a
health care profession, when requested in writing by an investigator
or supervisory official of the licensing entity or national
certifying body for the purpose of making a decision concerning the
issuance, retention or revocation of the license, certification or
registration of a named health care professional.
11. Any information in this system which is relevant to a
suspected violation or reasonably imminent violation of law, whether
civil, criminal or regulatory in nature and whether arising by
general or program statute or by regulation, rule or order issued
pursuant thereto, may be disclosed to a Federal, State, local or
foreign agency charged with the responsibility of investigating or
prosecuting such violation, or charged with enforcing r implementing
the statute, regulation, rule or order issued pursuant thereto.
12. Information may be disclosed to officials of labor
organizations recognized under 5 U.S.C. chapter 71 when relevant and
necessary to their duties of exclusive representation concerning
personnel policies, practices, and matters affecting working
conditions.
13. Disclosure may be made to the VA-appointed representative of
an employee all notices, determinations, decisions, or other written
communications issued to the employee in connection with an
examination ordered by VA under medical evaluation (formerly fitness-
for-duty) examination procedures or Department-filed disability
retirement procedures.
14. Information may be disclosed to officials of the Merit
Systems Protection Board, including the Office of the Special
Counsel, when requested in connection with appeals, special studies
of the civil service and other merit systems, review of rules and
regulations, investigation of alleged or possible prohibited
personnel practices, and such other functions, promulgated in 5
U.S.C. 1205 and 1206, or as may be authorized by law.
15. Information may be disclosed to the Equal Employment
Opportunity Commission when requested in connection with
investigations of alleged or possible discrimination practices,
examination of Federal affirmative employment programs, compliance
with the Uniform Guidelines of Employee Selection Procedures, or
other functions vested in the Commission by the President's
Reorganization Plan No. 1 of 1978.
16. Information may be disclosed to the Federal Labor Relations
Authority (including its General Counsel) when requested in
connection with investigation and resolution of allegations of unfair
labor practices, in connection with the resolution of exceptions to
arbitrator awards when a question of material fact is raised and
matters before the Federal Service Impasses Panel.
17. Information may be disclosed to consider and select employees
for incentive awards and other honors and to publicize those granted.
This may include disclosure to other public and private
organizations, including news media, which grant or publicize
employee awards or honors.
18. Information may be disclosed to consider employees for
recognition through administrative and quality step increases and to
publicize those granted. This may include disclosure to other public
and private organizations, including news media, which grant or
publicize employee recognition.
19. Identifying information in this system, including name,
address, social security number and other information as is
reasonably necessary to identify such individual, may be disclosed to
the National Practitioner Data Bank at the time of hiring and/or
clinical privileging/reprivileging of health care practitioners, and
other times as deemed necessary by VA, in order for VA to obtain
information relevant to a Department decision concerning the hiring,
privileging/reprivileging, retention or termination of the applicant
or employee.
20. Relevant information from this system of records may be
disclosed to the National Practitioner Data Bank and/or State
Licensing Board in the State(s) in which a practitioner is licensed,
in which the VA facility is located, and/or in which an act or
omission occurred upon which a medical malpractice claim was based
when VA reports information concerning: (1) Any payment for the
benefit of a physician, dentist, or other licensed health care
practitioner which was made as the result of a settlement or judgment
of a claim of medical malpractice if an appropriate determination is
made in accordance with agency policy that payment was related to
substandard care, professional incompetence or professional
misconduct on the part of the individual; (2) a final decision which
relates to possible incompetence or improper professional conduct
that adversely affects the clinical privileges of a physician or
dentist for a period longer than 30 days; or, (3) the acceptance of
the surrender of clinical privileges or any restriction of such
privileges by a physician or dentist either while under investigation
by the health care entity relating to possible incompetence or
improper professional conduct, or in return for not conducting such
an investigation or proceeding. These records may also be disclosed
as part of a computer matching program to accomplish these purposes.
Policies and practices for storing, retrieving, accessing,
retaining, and disposing of records in the system:
Storage:
Records are maintained on paper, microfilm, magnetic tape, disk,
or laser optical media. Information on automated storage media
includes record information stored in the IHS and DHCP systems. In
most cases, copies of back-up computer files are maintained at off-
site locations.
Retrievability:
Records are retrieved by the names and social security number of
other assigned identifiers of the individuals on whom they are
maintained.
Safeguards:
1. Access to VA working and storage areas is restricted to VA
employees on a ``need-to-know'' basis; strict control measures are
enforced to ensure that disclosure to these individuals is also based
on this same principle. Generally, VA file areas are locked after
normal duty hours and the facilities are protected from outside
access by the Federal Protective Service or other security personnel.
2. Access to DHCP and IHS computer rooms at health care
facilities is generally limited by appropriate locking devices and
restricted to authorized VA employees and vendor personnel. ADP
peripheral devices are placed in secure areas (areas that are locked
or have limited access) or are otherwise protected. Information in
the DHCP and IHS systems may be accessed by authorized VA employees.
Access to file information is controlled at two levels; the systems
recognize authorized employees by series of individually unique
passwords/codes as a part of each data message, and the employees are
limited to only that information in the file which is needed in the
performance of their official duties. Information that is downloaded
from DHCP and IHS files and maintained on personal computers is
afforded similar storage and access protections as the data that is
maintained in the original files. Access to information stored on
automated storage media at other VA locations is controlled by
individually unique passwords/codes. Access by Office of Inspector
General (OIG) staff conducting an audit or investigation at the
health care facility or an OIG office location remote from the health
care facility is controlled in the same manner.
3. Information downloaded from DHCP and IHS files and maintained
by the OIG headquarters and Field Offices on automated storage media
is secured in storage areas for facilities to which only OIG staff
have access. Paper documents are similarly secured. Access to paper
documents and information on automated storage media is limited to
OIG employees who have a need for the information in the performance
of their official duties. Access to information stored on automated
storate media is controlled by individually unique passwords/codes.
Retention and disposal:
Paper records and information stored on electronic storage media
are maintained and disposed of in accordance with records disposition
authority approved by the Archivist of the United States.
System manager(s) and address:
Official responsible for policies and procedures; Director,
Medical Information Resources Management Office (162), Department of
Veterans Affairs, 810 Vermont Avenue, NW, Washington, DC 20420.
Officials maintaining the system; Director at the facility where the
individual were associated.
Notification procedure:
Individuals who wish to determine whether this system of records
contains information about them should contact the VA facility
location at which they are or were employed or made or have contact.
Inquiries should include the person's full name, social security
number, dates of employment, date(s) of contact, and return address.
Record access procedure:
Individuals seeking information regarding access to and
contesting of records in this system may write, call or visit the VA
facility location where they are or were employed or made contact.
Contesting record procedures:
(See Record Access Procedures above.)
Record source categories:
Information in this system of records is provided by the
individual, supervisors, other employees, personnel records, or
obtained from their interaction with the system.
81VA01
System name: Representatives' Fee Agreement Records System--VA.
System location:
Board of Veterans Appeals, Department of Veterans Affairs, 810
Vermont Avenue, NW, Washington, DC 20420.
Categories of individuals covered by the system:
Persons seeking, receiving, or who have received benefits from
the Department of Veterans Affairs who utilize the services of
attorneys-at-law or accredited agents who represent them; and VA
employees whose duties involve the processing of matters related to
representatives' fee agreements.
Categories of records in the system:
Records in the system include copies of written fee agreements,
documents relating to the filing and review of fee agreements, and
magnetic media computer records. The computer data base records will
include the names and addresses of both parties to the fee
agreements, VA file identification numbers or social security
numbers, information concerning fee arrangements, and information on
various actions related to the review of the agreements by the Board.
Authority for maintenance of the system:
38 U.S.C. 5904.
Routine uses of records maintained in the system, including
categories of users and the purposes of such uses:
1. Disclosure may be made to the United States Court of Veterans
Appeals when an order of the Board has been appealed to that Court in
accordance with the provisions of 38 U.S.C. 5904(c)(2).
2. In the event that a system of records maintained by this
agency to carry out its functions indicates a violation or potential
violation of law, whether civil, criminal or regulatory in nature,
and whether arising by general statute or particular program statute,
or by regulation, rule or order issued pursuant thereto, the relevant
records in the system of records may be referred, as a routine use,
to the appropriate agency, whether Federal, State, local or foreign,
charged with enforcing or implementing the statute, or rule,
regulation or order issued pursuant thereto.
3. Disclosure may be made to a congressional office from the
record of an individual in response to an inquiry from the
congressional office made at the request of that individual.
4. Disclosure may be made to NARA (National Archives and Records
Administration) in records management inspections conducted under
authority of 44 U.S.C. 2904 and 2906.
5. A record from this system (other than the address of the
beneficiary) may be disclosed to a former representative of a
beneficiary to the extent necessary to develop and adjudicate a claim
for payment of attorney fees to such representative from past-due
benefits under 38 U.S.C. 5904(d) or to review a fee agreement between
such representative and the beneficiary for reasonableness under 38
U.S.C. 5904(c)(2).
Policies and practices for storing, retrieving, accessing,
retaining, and disposing of records in the system:
Storage:
File folders and computer storage media.
Retrievability:
Information is retrievable by the name of VA claimant or
appellant, by the name of the attorney-at-law or agent, and by the VA
file number.
Safeguards:
Files are under the custody of designated VA employees, with
access limited to employees who have a need to know the contents of
the system of records in order to perform their duties. No personal
identifiers are used in statistical and management reports and
personal identifiers are removed from all records in this system
before they are made available to the public by VA.
Retention and disposal
Records are retained in accordance with records retention
standards approved by the Archivist of the United States, the
National Archives and Records Administration, and published in Agency
Records Control Schedules. Records are destroyed by shredding or
burning paper documents, or by erasing the magnetic media. Automated
storage media is retained and disposed of in accordance with
disposition authorization approved by the Archivist of the United
States.
System manager(s) and address:
Chairman (01), Board of Veterans Appeals, 810 Vermont Avenue, NW,
Washington, DC 20420.
Notification procedure:
Individuals desiring to know whether this system of records
contained a record pertaining to him or her, how he or she may gain
access to such a record, and how he or she may contest the content of
such a record may write to the following address: Privacy Act Officer
(01C1), Board of Veterans Appeals, 810 Vermont Avenue, NW,
Washington, DC 20420. The following information, or as much as is
available, should be furnished in order to identify the record: Name
of the veteran, name of appellant other than the veteran (if any),
and the Department of Veterans Affairs file number.
Record access procedures:
An individual seeking information regarding access to information
contained in this system of records may write, call or visit the
Board of Veterans Appeals Freedom of Information Act Officer whose
address and telephone number are as follows: Freedom of Information
Act Officer (01C1), Board of Veterans Appeals, 810 Vermont Avenue,
NW, Washington, DC 20420, (202) 233-3365.
Contesting record procedures:
(See notification procedures above.)
Record source categories:
Data and documents furnished by those seeking, or receiving, or
who have received, benefits from VA and by their representatives;
documents prepared by Board of Veterans Appeals employees, and data
supplied by Board employees.
83VA07
System name: VA Police Badge and Training Records System--VA.
System location:
VA Law Enforcement Training Center, VA Medical Center, North
Little Rock, Arkansas 72114. In addition, information from these
records or copies of records may be maintained at the Department of
Veterans Affairs, 810 Vermont Ave., NW, Washington, DC 20420.
Categories of individuals covered by the system:
VA police officers who have attended the basic VA police training
course and supplemental professional training held at the VA Law
Enforcement Training Center.
Categories of records in the system:
This system of records contains each VA police officer's name,
social security number, badge number, date of birth, sex, examination
scores and class standing, entry-on-duty date, and duty station.
Authority for maintenance of the system:
38 U.S.C. 501(a) and 902(2)(b)(2).
Routine uses of records maintained in the system, including
categories of users and the purposes of such uses:
1. In the event that a record maintained by the VA to carry out
its functions indicates a violation or potential violation of law,
whether civil, criminal, or regulatory in nature, and whether arising
by general statute or particular program statute, or pursuant
thereto, the relevant records in the system of records may be
referred as a routine use of the appropriate agency, whether Federal,
State, local or foreign, charged with responsibility of investigating
or prosecuting such violation or charged with enforcing or
implementing the statute, or rule, regulation or order issued
pursuant thereto.
2. Disclosure may be made to a congressional office from the
record of an individual in response to an inquiry from the
congressional office made at the request of that individual.
3. Disclosure may be made to NARA (National Archives and Records
Administration) in records management inspections conducted under
authority of 44 U.S.C. 2904 and 2906.
Policies and practices for storing, retrieving, accessing,
retaining, and disposing of records in the system:
Storage:
Information is maintained on the mainframe Information Resource
Management System which will subsequently be transferred to hard disk
and floppy disk storage.
Retrievability:
Information is retrieved by the VA police officer's name, badge
number or class number.
Safeguards:
Information is under the control of the Deputy Assistant
Secretary for Security and Law Enforcement and staff members who have
a legitimate need to know the contents of the system of records in
order to perform their duties. Computer records are stored on
magnetic media in a computer network to which only these individuals
have access. No personal identifiers are used in statistical and
management reports.
Retention and disposal:
Records will be maintained and disposed of in accordance with the
records disposal authority approved by the archivist of the United
States.
System manager(s) and address:
Deputy Assistant Secretary for Security and Law Enforcement (07),
VA Central Office, 810 Vermont Avenue, NW, Washington, DC 20420.
Notification procedures:
Individuals desiring to know whether this system of records
contains a record pertaining to him or her, how he or she may gain
access to such a record, and how he or she may contest the content of
such a record may write to the following address: Privacy Act Officer
(07), Office of Security and Law Enforcement, 810 Vermont Avenue, NW,
Washington, DC 20420. The following information, or as much as is
available, should be furnished in order to identify the record: Name
of individual, class number, or badge number in order to identify the
record.
Record access procedures:
Individuals seeking information regarding access to and
contesting of information contained in this system of records may
write to the Privacy Act Officer whose address is as follows: Privacy
Act Officer (07), Office of Security and Law Enforcement, 810 Vermont
Avenue, NW, Washington, DC 20420.
Contesting record procedures:
(See Record Access Procedures above).
Record source categories:
Personal information of name and social security numbers are
furnished by medical center personnel submitting names of newly hired
VA police officers for training and may be furnished or corrected
subsequently by trainees themselves. The initial source of
information submitted to the Department of Veterans Affairs is
through the Standard Form 171 submitted by each applicant. Assigned
Badge numbers for police officers are assigned by the Inspector for
Training Operations of the VA Law Enforcement Training Center and
entered into the record.
Appendix 1: Addresses of Veterans Administration Facilities
Alabama AL
VA Medical Center, 700 South 19th St., Birmingham, Alabama 35233
Mobile National Cemetery, 1202 Virginia St., Mobile, Alabama
36604
VA Outpatient Clinic Substation, 2451 Fillingim St., Mobile,
Alabama 36617 (MAIL: VAMC, Biloxi, MS 39531)
84VA111K
System name:
National Chaplain Management Information System (NCMIS)-VA.
System location:
The data base will reside on its own micro-computers at the
National VA Chaplain Center (301/111K) at the Department of Veterans
Affairs (VA) Medical Center (VAMC) located at 100 Emancipation Road,
Hampton, Virginia 23667.
Categories of individuals covered by the system:
The personal data collected will be limited to VA Chaplains,
other VA Chaplain Service staff, applicants for VA chaplain positions
(VA employees and individuals seeking VA employment), and selected
providers of services to the VA chaplaincy.
Categories of records in the system:
1. The following data will be collected on individuals who are VA
chaplains or chaplain candidates: Name, date of birth, Social
Security Number, educational data (e.g., college degrees), membership
in religious bodies and related religious experience, employment
history relevant to the chaplaincy, name, location and dates of
significant professional events (e.g., ordination), continuing
education data (e.g., name, location and type of continuing education
course), psychological and related survey data relevant to personal
and professional development activities in support of chaplain
development and research in the Chaplain Service (e.g., Myers-Briggs,
16PF Survey, leadership style surveys, etc.), data to verify and
validate the effectiveness of affirmative action programs, work-
related performance data, and performance data appropriate for
national aggregation and management applications (e.g., bedside
visits, number of chapel services, office visits, etc.), and
2. The following additional data may be maintained for resource
providers who have or may assist in the work of the chaplaincy; names
of consultants or providers, their organization, type of services
provided, effectiveness and performance on contracts, special
characteristics related to nature of their service (e.g., techniques
or manner of teaching bereavement counseling, resources used, etc.),
and nature of correspondence and related administrative matters.
Purpose(s):
The information will be used as part of a comprehensive program
in Total Quality Improvement (TQI) in order to facilitate: (1) More
meaningful and effective management of the functions and performance
of Chaplain Services, (2) staff development to enhance and improve
the work related activities of chaplains nationally, (3) the personal
growth and spiritual development of all chaplains over and above
improving the performance of their duties, (4) the documentation and
tracking of credentialing and privileging for all chaplains providing
patient care in the system, and (5) personnel related decisions.
Authority for maintenance of the system:
Title 38, United States Code, Sec. 7304(a).
Routine uses of records maintained in the system including
categories of users and the purposes of such uses:
1. A record from this system of records may be disclosed to any
source from which additional information is requested (to the extent
necessary to identify the individual inform the source of purpose(s)
of the request, and to identify the type of information requested),
when necessary to obtain information relevant to a Department
decision concerning the hiring or retention of any employee, the
issuance or reappraisal of clinical privileges, the conducting of a
security or suitability investigation of an individual, the letting
of a contract, or the issuance of a license, grant, or other benefit.
2. A record from this system of records may be disclosed to an
agency in the executive, legislative, or judicial branch, in response
to its request, or at the initiation of VA, information in connection
with the hiring of an employee, the issuance of security clearance,
the conducting of a security or suitability investigation of an
individual, the letting of a contract, the issuance of a license,
grant or other benefits by the requesting agency, to the extent that
the information is relevant and necessary to the requesting agency's
decision.
3. Disclosure may be made to a congressional office from the
record of an individual in response to an inquiry from the
congressional office made at the request of that individual.
4. Disclosure may be made to NARA (National Archives and Records
Administration) in records management inspections conducted under
authority of 44 U.S.C. 2904 and 2906.
5. Information may be disclosed to the Department of Justice and
United States Attorneys in defense or prosecution of litigation
involving the United States, and to Federal agencies upon their
request in connection with review of administration tort claims filed
under the Federal Tort Claims Act, 28 U.S.C. 2672.
6. Hiring, performance, or other personnel related information
may be disclosed to any facility with which there is, or there is
proposed to be, an affiliation, sharing agreement, contract, or
similar arrangement, for purposes of establishing, maintaining, or
expanding any such relationship.
7. Information may be disclosed to officials of labor
organizations recognized under 5 U.S.C. chapter 71 when relevant and
necessary to their duties of exclusive representation concerning
personnel policies, practices, and matters affecting working
conditions.
8. Disclosure may be made to the VA-appointed representative of
an employee of all notices, determinations, decisions, or other
written communications issued to the employee in connection with an
examination ordered by VA under medical evaluation (formerly fitness-
for-duty) examination procedures or Department-filed disability
retirement procedures.
9. Information may be disclosed to officials of the Merit Systems
Protection Board, including the Office of the Special Counsel, when
requested in connection with appeals, special studies of the civil
service and other merit systems, review of rules and regulations,
investigation of alleged or possible prohibited personnel practices,
and such other functions, promulgated in 5 U.S.C. 1205 and 1206, or
as may be authorized by law.
10. Information may be disclosed to the Equal Employment
Opportunity Commission when requested in connection with
investigations of alleged or possible discrimination practices,
examination of Federal affirmative employment programs, compliance
with the Uniform Guidelines of Employee Selection Procedures, or
other functions vested in the Commission by the President's
Reorganization Plan No. 1 of 1978.
11. Information may be disclosed to the Federal Labor Relations
Authority (including its General Counsel) when requested in
connection with investigation and resolution of allegations of unfair
labor practices, in connection with the resolution of exceptions to
arbitrator awards when a question of material fact is raised and
matters before the Federal Service Impasses Panel.
12. In the event that a record maintained by VA to carry out its
functions indicates a violation or potential violation of law,
whether civil, criminal or regulatory in nature, and whether arising
by general statute or particular program statute, or by regulation,
rule or order issued pursuant thereto, the relevant records in the
system of records may be referred, as a routine use, to the
appropriate agency, whether Federal, State, local or foreign, charged
with the responsibility of investigating or prosecuting such
violation or charged with enforcing or implementing the statute, or
rule, regulation or order issued pursuant thereto.
Policies and practices for storing, retrieving, accessing,
retaining, and disposing of records in the system:
Storage:
Records are maintained on micro-computers.
Retrievability:
Records are retrieved by the names. Social Security Numbers, or
other assigned identifiers of the individuals on whom they are
maintained.
Safeguards:
1. Access to VA working and storage areas is restricted to VA
employees on a ``need-to-know'' basis; strict control measures are
enforced to ensure that disclosure to these individuals is also based
on this same principle. Generally, VA file areas are locked after
normal duty hours and the facilities are protected from outside
access by the Federal Protective Service or other security personnel.
2. All chaplains and other VA employees who enter or use data in
the data base will do so by direct access into the system, or by
means of the national VA communications network (VADATS/IDCU). All
users must have access and verify codes maintained by the National
Chaplain Center. All staff access to the system data will be
restricted to only that data required on a ``need-to-know'' basis
consistent with the routine performance of their duties. Access to
individual work stations will be protected under security protocols
established at the user's facility. Computers will be maintained in
the locked environment in the main computer room of the VA Medical
Center, Hampton, Virginia.
Retention and disposal:
Paper records and information stored on electronic storage media
are maintained and disposed of in accordance with records disposition
authority approved by the Archivist of the United States.
System manager(s) and address:
Director, Chaplain Service (301/111K), National VA Chaplain
Center, VA Medical Center, 100 Emancipation Road, Hampton, Virginia
23667.
Notification procedure:
Individuals who wish to determine whether this system of records
contains information about them should write to the System Manager at
the above address. Inquiries should include the individual's name,
address, and social security number.
Record access procedure:
Individuals seeking information regarding access to and
contesting of records in this system may write, call or visit the
System Manager at the above address.
Contesting record procedures:
(See Record Access Procedures above.)
Record source categories:
Information in this system of records is provided by the
applicant/employee, or obtained from current or previous employers,
references, educational institutions, religious bodies and/or their
representatives and VA staff.
85VA047
System name: Chief Financial Officer and Fiscal Officer
Designation and Certification Records System--VA.
System location:
Office of Financial Management (047), Department of Veterans
Affairs, 810 Vermont Avenue, NW, Washington, DC 20420.
Categories of individuals covered by the system:
Persons seeking designation and certification as a Fiscal Officer
or Chief Financial Officer in any VA facility.
Categories of records in the system:
Records in the system include copies of Skill/Knowledge/Ability
assessments for each person seeking designation or certification as
well as copies of the individual's Experience and Education surveys.
Additionally, correspondence related to the surveys will be kept in
the system and magnetic records will be maintained in a computer data
base. The data base records will contain the names of the individual
applying for the designation/certification as well as the name of the
supervisor completing the Skill/Knowledge/Ability Survey. VA file
identification numbers or social security numbers, information
relevant to performance assessment and information on various actions
related to certification/designation will also be maintained by the
system.
Authority for maintenance of the system:
The Chief Financial Officers Act, Pub. L. 101-576 (1990), sec.
205; codified at 31 U.S.C. 902(a)(5)(C).
Routine uses of records maintained in the system, including
categories of users and the purposes of such uses:
1. To disclose information to Government training facilities
(Federal, state, and local) and to non-Government training facilities
(private vendors of training courses or programs, private schools,
etc.) for training purposes.
2. To disclose information to education institutions on
appointment of a recent graduate to a position in the Federal service
and to provide college and university officials with information
about their students working under Cooperative Education, Volunteer
Service, or other similar programs necessary to a student's obtaining
credit for the experience gained.
3. To consider and select employees for incentive awards and
other honors and to publicize those granted. This may include
disclosure to other public and private organizations, including news
media, which grant or publicize employee recognition.
4. To consider employees for recognition through quality-step
increases, and to publicize those granted. This may include
disclosure to other public and private organizations, including news
media, which grant or publicize employee recognition.
5. Disclosure may be made to a congressional office from the
record of an invividual in response to an inquiry from the
congressional office made at the request of that individual.
6. Disclosure may be made to NARA (National Archives and Records
Administration) in records management inspections conducted under
authority of 44 U.S.C. 2904 and 2906.
Policies and practices for storing, retrieving, accessing,
retaining, and disposing of records in the system:
Storage:
File folders and computer storage media.
Retrievability:
Information is retrievable by the name of the applicant for
Fiscal Officer certification or Chief Financial Officer designation
and by the VA file number.
Safeguards:
Files are under control of the Deputy Assistance Secretary for
Financial Management and members of his/her staff who have a need to
know the contents of the system of records in order to perform their
duties. Paper records are maintained in a secure area with access
limited to these individuals. Computer records are stored on magnetic
media in a computer network to which only these individuals have
access. No personal identifiers are used in statistical and
management reports.
Retention and disposal:
Record are maintained in accordance with records retention
standards approved by the Archivist of the United States, the
National Archives and Records Administration, and published in Agency
Records Control Schedules. Records are destroyed by shredding or
burning paper documents, or by erasing the magnetic media. Automated
storage media is retained and disposed of in accordance with
disposition authorization approved by the Archivist of the United
States.
System manager(s) and address:
Department of Veterans Affairs, Office of Financial Management,
Program Management and Development Staff (047F), 810 Vermont Avenue,
NW, Washington, DC 20420.
Notification procedure:
Individuals desiring to know whether this system of records
contains a record pertaining to him or her, how he or she may gain
access to such a record, and how he or she may contest the record may
write to the following address: Department of Veterans Affairs,
Office of Financial Management, Program Management and Development
Staff, 810 Vermont Avenue, NW, Washington, DC 20420.
The following information, or as much as is available, should be
furnished in order to identify the record: Name of the applicant
seeking designation or certification, and the Department of Veterans
Affairs file number.
Record access procedures:
An individual seeking information regarding access to information
contained in this system of records may write, call or visit the
Department of Veterans Affairs, Office of Financial Management,
Program Management and Development Staff (047F), 810 Vermont Avenue,
NW, Washington, DC 20420, (202) 233-2899.
Contesting record procedures:
(See notification procedures above.)
Record source categories:
Data and documents furnished by those applying for designation as
a Chief Financial Officer or certification as a Fiscal Officer.
86VA058
System name:
Workers' Compensation/Occupational Safety and Health Management
Information System--VA (WC/OSH-MIS).
System location:
Department of Veterans Affairs (VA) Austin Automation Center,
Austin, Texas, and information in the data base can be viewed and
down-loaded by employees with workers' compensation case management
and safety responsibilities at VA employing facilities.
Categories of individuals covered by the system:
All VA and former VA employees who have incurred a job-related
injury/disease and have an active claim file with the Office of
Workers' Compensation Programs (OWCP).
Categories of records in the system:
Records in the system include the OWCP quarterly injury/disease
chargeback reports, weekly Case Management File (CMF) reports, weekly
Automated Compensation Payment System (ACPS) reports, weekly Bill
Payment System (BPS) reports, data on VA's continuation of pay (COP)
costs, and some elements from the Personnel and Accounting Integrated
Data System--VA. The computer data base records will include the
claimant's name, address, social security number, date of birth,
grade, salary, telephone number, OWCP's case adjudication status
(approved or denied, waiting adjudication, file sent to Hearings and
Review for decision), accepted medical condition(s), compensation
paid (amount and time period covered), medical bills paid (name of
physician, hospital or health facility, type of treatment, date of
treatment, amount paid, amount paid for medical equipment, and
rehabilitation expenses), COP authorized or denied, dates COP is
paid, number of days of COP, and total amount paid.
Authority for maintenance of the system:
Pub. L. 91-596, 5 U.S.C. 8101 et seq. and Federal Regulations 20
CFR part 10, 29 CFR part 1960, and 5 CFR ch. 1, part 353.
Routine uses of records maintained in the system, including
categories of users and the purposes of such uses:
1. Disclosure may be made to any third-party or representative
acting on claimant's behalf until the claim is adjudicated, all
appeal rights are resolved, and the case file is closed.
2. In the event that records in this system of records indicate a
violation or potential violation of law, whether civil, criminal or
regulatory in nature, and whether arising by general statute or
particular program statute, or by regulation, rule or order issued
pursuant thereto, the relevant records may be referred, as a routine
use, to the appropriate agency, whether Federal, State, local or
foreign, charged with the responsibility for investigating or
prosecuting such violation or charged with enforcing or implementing
the statute, or rule, regulation or order issued pursuant thereto.
3. Disclosure may be made to a congressional office from the
record of an individual in response to an inquiry from the
congressional office made at the request of that individual.
4. Disclosure may be made to NARA (National Archives and Records
Administration) in records management inspections conducted under
authority of 44 U.S.C. 2904 and 2906.
5. Disclosure may be made to any source from which additional
information is needed in order to properly make case management
decisions.
6. Disclosure of statistical data may be made to other VA
facilities and Federal agencies.
Policies and practices for storing, retrieving, accessing,
retaining, and disposing of records in the system:
Storage:
Paper documents and computer storage media.
Retrievability:
Information is retrievable by the name of VA claimant, social
security number, and OWCP case file number.
Safeguards:
Access to the WC/OSH-MIS data base is restricted to Human
Resources Management and Safety Officials. Paper records are
maintained in a secured area with limited access. Access to data is
by means of on-line (query) data base or downloading with a personal
computer and is restricted to authorized employees by means of unique
user identification and passwords.
Retention and disposal:
Records are destroyed thirty years after OWCP closes the
claimant's case file. Records are destroyed by shredding or burning
paper documents, or by erasing the magnetic media.
System manager(s) and address:
Deputy Assistant Secretary for Human Resources Management (05),
810 Vermont Avenue, NW, Washington, DC 20420.
Notification procedure:
Employees desiring to know whether this system of records
contains a record pertaining to him or her, must submit a written
request to the VA Human Resources Management Office of employment or
to the office of last employment for former employees.
Record access procedures:
Employees seeking information regarding access to and contesting
of VA records may write, call, or visit the VA Human Resources
Management Office of employment.
Contesting record procedures:
See record access procedures above.
Record source categories:
Data tapes furnished by OWCP, data elements from the Personnel
and Accounting Integrated Data System-VA, VA continuation of pay
(COP) data, and VA employees.
87VA045
System name:
Automated Customer Registration System (ACRS)--Department of
Veterans Affairs (VA).
System location:
The automated records are maintained by the VA Automation Center,
1615 Woodward Street, Austin, TX 78772. The paper records will be
maintained at each VA field station that has a responsibility for
ACRS input.
Categories of individuals covered by the system:
All Department of Veterans Affairs employees, employees of other
Government agencies and authorized contractor personnel who have
requested and have been granted access to the automated resources of
the VA's Austin Automation Center (AAC).
Categories of records in the system:
The records in this system, in both paper and electronic form,
will include the names and social security numbers of all personnel
who have requested and been granted access to the automated resources
at the AAC. The records will also include business address and
telephone number, job title and information relating to data file and
computer system access permissions granted to that individual.
Authority for maintenance of the system:
Title 38, U.S.C. 501.
Purpose(s):
The purpose of this system of records is to allow the VA Austin
Automation Center (AAC) in Austin, TX, to maintain a current list of
all VA employees, employees of other Government agencies and
authorized contractor personnel who require access to the computer
resources of the AAC, in accordance with Federal computer security
requirements.
Routine uses of records maintained in the system, including
categories of users and the purposes of such uses:
1. At the initiative of VA, pertinent information may be
disclosed to appropriate Federal, State or local agencies responsible
for investigating, prosecuting, enforcing or implementing statutes,
rules, regulations or orders, where VA becomes aware of an indication
of a violation or potential violation of civil or criminal law or
regulation.
2. Disclosure of specific information may be made to a Federal
agency, in response to its request, to the extent that the
information requested is relevant and necessary to the requesting
agency's decision in connection with hiring or retaining an employee,
issuing a security clearance, conducting a security or suitability
investigation on an individual, classifying jobs, awarding a contract
or issuing a license, grant or other benefit.
3. Information may be provided to a congressional office in
response to an inquiry from that congressional office made at the
request of the individual and concerning that individual's record in
this system.
4. Disclosure of information may be made to officials of the
Merit Systems Protection Board, including the Office of the Special
Counsel, the Federal Labor Relations Authority and its General
Counsel or the Equal Employment Opportunity Commission, when
requested in performance of their authorized duties, and the request
is not in connection with a law enforcement investigation.
5. The Department of Veterans Affairs (VA) may disclose records
in this system or records in proceedings before a court or
adjudicative body before which VA is authorized to appear when VA, a
VA official or employee, the United States, or an individual or
entity for whom the United States is providing representation is a
party to litigation or has an interest in such litigation, and VA
determines that the use of such records is relevant and necessary to
the litigation, provided, however, that in each case, the agency
determines that disclosure of the records is a use of the information
contained in the records that is compatible with the purpose for
which the records were collected.
6. The Department of Veterans Affairs (VA) may disclose records
in this system of records to the Department of Justice when VA, a VA
official or employee, the United States, or an individual or entity
for whom the United States is providing representation is a party to
litigation or has an interest in such litigation, and the use of such
records by the Department of Justice is deemed by VA to be relevant
and necessary to the litigation, provided, however, that in each
case, the agency determines that disclosure of the records to the
Department of Justice is a use of the information contained in the
records that is compatible with the purpose for which the records
were collected.
7. Disclosure may be made during reviews by the National Archives
and Records Administration in records management inspections
conducted under authority of 44 U.S.C. 2904 and 2906.
Policies and practices for storing, retrieving, accessing,
retaining, and disposing of records in the system:
Storage:
Each field station responsible for inputting records into the
system will retain the original signed paper copies of requests for
system access in locked containers. Data files supporting the
automated system are stored in a secure area located at the Austin
Automation Center. Data files are stored on magnetic disk and, for
archival purposes, on magnetic tape.
Retrievability:
Paper records are maintained in alphabetical order by last name
of the requester. Automated records are retrieved by individual name
or by a specific automated resource.
Safeguards:
Paper records in progress are maintained in a manned room during
working hours. Paper records maintained for archival purposes are
stored in locked containers until needed. During non-working hours,
the paper records are kept in a locked container in a secured area.
Access to the records is on a need-to-know basis only.
Access to the automated system is via computer terminal; standard
security procedures, including a unique customer identification code
and password combination, are used to limit access to authorized
personnel only. Specifically, in order to obtain access to the
automated records contained in this system of records, an individual
must:
(1) Have access to the automated resources of the AAC. An
individual may not self-register for this access. Formal
documentation of the request for access, signed by the employee's
supervisor, is required before an individual may obtain such access.
Authorized customers are issued a customer identification code and
one-time password.
(2) Be an authorized official of the ACRS system. Only two
individuals per field station may be designated ACRS officials with
access to add, modify or delete records from the system. These
individuals require a specific functional task code in their customer
profile; this functional task can only be assigned by the AAC. A
limited number of supervisory or managerial employees throughout VA
will have read-only access for the purpose of monitoring ACRS
activities.
Retention and disposal:
Records will be maintained and disposed of in accordance with the
records disposal authority approved by the Archivist of the United
States, the National Archives and Records Administration and
published in Agency Records Control Schedules. Paper records will be
destroyed by shredding or other appropriate means for destroying
sensitive information. Automated storage records are retained and
destroyed in accordance with a disposition authorization approved by
the Archivist of the United States.
System manager(s) and address:
Director, VA Austin Automation Center, 1615 Woodward Street,
Austin, TX 78772. The phone number is (512) 326-6000.
Notification procedure:
An individual who wishes to determine whether a record is being
maintained in this system under his or her name or other personal
identifier or who wants to determine the contents of such records
should submit a written request or apply in person to the Director,
VA Austin Automation Center, 1615 Woodward Street, Austin, TX 78772.
Record access procedures:
An individual who seeks access or wishes to contest records
maintained under his or her name or other personal identifier may
write, call or visit the System Manager.
Contesting record procedures:
See record access procedures above.
Record source categories:
Individuals who have applied for and been granted access
permission to the resources of the Austin Automation Center (AAC).
88VA20A6
System name:
Accounts Receivable Records-VA.
System location:
Automated indebtedness records for first-party medical billing,
compensation, pension, educational assistance, survivors' and
dependents' educational assistance and most home loan debts are
maintained at the VA's Austin Automation/Systems Development Center
in Austin, Texas. Extracts of benefit and home loan debt automated
records are maintained in the Benefits Delivery Network for
accounting and adjudication purposes. The Benefits Delivery Network
is administered by the Benefit Delivery Center (BDC), Hines,
Illinois. First-party medical billing information is extracted from
records maintained at VA medical facilities and in automated media as
more fully described in the Privacy Act system of records, 24VA136,
``Patient Medical Records--VA'' (56 FR 1054, Jan. 10, 1991).
Automated and paper indebtedness records for the Civilian Health and
Medical Program of the Department of Veterans Affairs (CHAMPVA) are
maintained at the CHAMPVA Center in Denver, Colorado and are more
fully described in the Privacy Act system of records, 54VA136,
``Veteran's Spouse or Dependent Civilian Health and Medical Care
Records--VA'' 40 FR 38095 (Aug. 26, 1975), as amended at 53 FR 23845
(Jun. 24, 1988), 53 FR 25238 (Jul. 5, 1988) and 56 FR 26186 (Jun. 6,
1991). Certain paper records, microfilm and microfiche are maintained
at the VA Debt Management Center (DMC), Ft. Snelling, Minnesota.
Education loan and miscellaneous home loan automated, paper,
microfilm and microfiche records are maintained at DMC. Automated and
paper indebtedness records related to the All-Volunteer Force
Educational Assistance Program are also maintained at DMC. Paper
records related to benefit and home loan accounts receivable may be
maintained in individual file folders located at the VA regional
office having jurisdiction over the domicile of the claimant or the
geographic area in which a property securing a VA guaranteed, insured
or direct loan is located. Similarly, paper and automated records
related to first-party medical billing and CHAMPVA are also
maintained in individual patient medical records at VA health care
facilities and CHAMPVA Center. Generally and with the exception of
claims against third-party insurers and certain first-party medical
debts, automated records and papers maintained at regional offices,
health care facilities and CHAMPVA Center are not used directly in
the debt collection process unless they are forwarded by conventional
mail, electronic mail or facsimile to DMC. Records provided to the
Department of Housing and Urban Development (HUD) for inclusion in
the Credit Alert Interactive Voice Response System (CAIVRS) are
located at the HUD Data Processing Center in Lanham, Maryland.
Categories of individuals covered by the system:
Persons indebted to the United States Government as a result of
their participation in benefit programs (including health care
programs) administered by VA under title 38, United States Code,
chapters 11, 13, 15, 17, 21, 30, 31, 34, 35, 36 and 37, including
persons indebted to the United States Government by virtue of their
ownership, contractual obligation or rental of property owned by the
Government or encumbered by a VA-guaranteed, insured, direct or
vendee loan. Persons indebted to the United States Government as a
result of their participation in a benefit program administered by VA
under 10 U.S.C. or 10 U.S.C. ch. 1606. Persons who received benefits
or services under 38 U.S.C. or 10 U.S.C. ch. 1606, but who did not
meet the requirements for receipts of such benefits or services.
Categories of records in the system:
Information varies depending on the benefit type (including
health care and home loan) from which the debt arose. Identifying
information, including VA claim number, Social Security number, name
and address and, when appropriate, loan reference number obtained
from the following Privacy Act systems of records: ``Compensation,
Pension, Education and Rehabilitation Records--VA'' (58VA21/22);
``Loan Guaranty Home, Condominium and Manufactured Home Loan
Applicant Records, Specially Adapted Housing Applicant Records, and
Vendee Loan Applicant Records--VA'' (55VA26); ``Patient Medical
Records--VA'' (24VA136); and, ``Veteran's Spouse or Dependent
Civilian Health and Medical Care Records--VA'' (54VA136). Initial
indebtedness amount, dates of treatment, amounts claimed for
reimbursement type of benefit from which the debt arose, identifying
number of the VA regional office with jurisdiction over the
underlying benefit claim or property subject to default or
foreclosure, station number of the VA health care facility rendering
services, name of co-obligor and property address of the defaulted
home loan from 58VA21/22, 55VA26, 24VA136 and 54VA136. History of
debt collection activity on the individual, including correspondence,
telephone calls, referrals to other Government agencies, VA district
counsel, private collection and credit reporting agencies. Payments
received, refunds made, interest amount, current balance of debt and
indication of status or current VA benefit payments. Federal
employment status obtained by computer matching with Government
agencies and the United States Postal Service. No personal medical
information concerning the nature of disease, injury or disability is
transmitted to or maintained in this system of records.
Authority for maintenance of the system:
Title 38, United States Code, sections 501(a), 5314 and 5315.
Federal Claims Collection Act of 1996 (Pub. L. 89-508), 31 U.S.C.
Chapter 37, Subchapter I (General) and Subchapter II (Claims of the
United States Government), 31 U.S.C. 3711, Collection and Compromise,
31 U.S.C. 3716, Administrative Offset; Debt Collection Act of 1982
(Pub. L. 97-365), 5 U.S.C. 5514, Installment Deduction for
Indebtedness.
Routine uses of records maintained in the system, including
categories of users and the purpose of such uses:
For purposes of the following routine uses:
(a) The term ``veteran'', includes present, former or retired
members of the United States Armed Forces, the reserve forces or
national guard;
(b) The term, ``debtor'', means any person falling within the
categories of individuals covered by this system, as set forth above.
A ``debtor'' may be a veteran, as defined above, a veteran's
dependent entitled to VA benefits (including health care) in his or
her own right or a person who is neither a veteran nor a veteran's
dependent for benefit purposes; and,
(c) The terms ``benefit'', ``benefit program'' and ``VA program''
include any gratuitous benefit, home loan (including miscellaneous
home loan) or health care (including CHAMPVA) program administered by
the Secretary.
1. The record of an individual who is covered by this system may
be disclosed to a member of Congress or staff person acting for the
member when the member or staff person requests the record on behalf
of and at the written request of that individual.
2. Any information in this system may be disclosed to a Federal
agency, upon its official request, to the extent that it is relevant
and necessary to that agency's decision regarding: The hiring,
retention or transfer of an employee; the issuance of a security
clearance; the letting of a contract or the issuance or continuance
of a license, grant or other benefit given by that agency. However,
in accordance with an agreement with the U.S. Postal Service,
disclosures to the U.S. Postal Service for decisions concerning the
employment of veterans will only be made with the veteran's prior
written consent.
3. Any information in this system may be disclosed, by computer
matching or otherwise, in connection with any proceeding for the
collection of an amount owed the United States by virtue of a
person's participation in any benefit program administered by VA when
in the judgment of the Secretary, or official generally delegated
such authority under standard agency delegation of authority rules
(38 CFR 2.6), such disclosure is deemed necessary and proper in
accordance with 38 U.S.C. 5701(b)(6).
4. The name and address of a veteran or the dependent of a
veteran and other information as is reasonably necessary to identify
such veteran or dependent may be disclosed to a consumer reporting
agency for the purpose of locating the veteran or dependent indebted
to the United States under a VA benefit program or to obtain a
consumer report in order to assess the ability of a veteran or
dependent to repay an indebtedness, provided the disclosure is
consistent with 38 U.S.C. 5701(g)(2).
5. The name and address of a veteran or dependent, other
information as is reasonably necessary to identify such persons,
including personal information obtained from other Federal agencies
through computer matching programs, and any information concerning
the person's indebtedness to the United States by virtue of the
person's participation in a VA benefit program may be disclosed to a
consumer reporting agency for purposes of making such information
available for inclusion in consumer reports regarding that person and
for purposes of locating that person, provided that the provisions of
38 U.S.C. 5701(g)(4) have been met.
6. Any information in this system, including available
identifying information regarding a person, such as the person's
name, address, Social Security number, VA insurance number, VA claim
number, VA loan number, date of birth and employment information, may
be disclosed, except to consumer reporting agencies, to a third party
in order to obtain current name, address and credit report in
connection with any proceeding for the collection of an amount owed
the United States by virtue of the person's participation in a VA
benefit program. Such disclosure may be made in the course of
computer matching having the purpose of obtaining the information
indicated above. Third parties may include other Federal agencies,
State probate courts, State drivers' license bureaus, State
automobile title and license bureaus and private commercial concerns
in the business of providing the information sought.
7. Identifying information, including the debtor's name, Social
Security number and VA claim number, along with the amount of
indebtedness, may be disclosed to any Federal agency, including the
U.S. Postal Service, in the course of conducting computer matching to
identify and locate delinquent debtors employed by or receiving
retirement benefits from those agencies. Such debtors may be subject
to offset of their pay or retirement benefits under the provisions of
5 U.S.C. 5514.
8. Any information in this system, including the nature and
amount of a financial obligation as well as the history of debt
collection activity against a debtor, may be disclosed to the Federal
agency administering salary or retirement benefits to the debtor to
assist that agency in initiating offset of salary or retirement
benefits to collect delinquent debts owed the United States under VA
benefit programs.
9. The name(s) and address(es) of a veteran or beneficiary may be
disclosed to another Federal agency or to a contractor of that
agency, at the written request of the head of that agency or designee
of the head of that agency for the purpose of conducting Government
research of oversight necessary to accomplish a statutory purpose of
that agency.
10. Any information in the system, including the amount of debt,
may be disclosed at the request of a debtor to accredited service
organizations, VA-approved claims agents and attorneys acting under a
declaration of representation so that these individuals can aid
persons indebted to VA in the preparation, presentation and
prosecution of debt-related matters under the laws administered by
VA. The name and address of a debtor will not, however, be disclosed
to these individuals under this routine use if the debtor has not
requested the assistance of an accredited service organization,
claims agent or an attorney.
11. Any information in this system such as the amount of
indebtedness and collection history may be disclosed in the course of
presenting evidence to a court, magistrate or administrative
authority in matters of guardianship, inquests and commitments, to
private attorneys representing debtors rated incompetent in
conjunction with issuance of Certificates of Incompetence and to
probation and parole officers in connection with court-required
duties.
12. Any information in this system, including the amount of
indebtedness and history of collection activity, may be disclosed to
a VA or court-appointed fiduciary or a guardian ad litem in relation
to his or her representation of a debtor only to the extent necessary
to fulfill the duties of the fiduciary or guardian ad litem.
13. Any relevant information in this system may be disclosed to
the Department of Justice and United States Attorneys in the defense
or prosecution of litigation involving or pertaining to the United
States. Any relevant information in this system may also be disclosed
to other Federal agencies upon their request in connection with
review of administrative tort claims and potential tort claims filed
under the Federal Tort Claims Act, 28 U.S.C. 2672, the Military
Claims Act, 10 U.S.C. 2733 and other similar claims statutes.
14. Any information concerning a person's indebtedness to the
United States by virtue of that person's participation in a benefit
program administered by VA, including personal information obtained
from other Federal agencies through computer matching programs, may
be disclosed to any third party, except consumer reporting agencies,
in connection with any proceeding for the collection of any amount
owed to the United States. Purposes of these disclosures may be to
(a) assist VA in collection of title 38 and 10 U.S.C. ch. 1606
program debts and/or costs of services, and (b) initiate legal
actions for prosecuting individuals who willfully or fraudulently
obtain title 38 or 10 U.S.C. ch. 1606 benefits without entitlement.
15. The debtor's name, address, Social Security number and the
amount (excluding interest) of any indebtedness waived, compromised
or written off may be disclosed to the Treasury Department, Internal
Revenue Service, as a report of income under 26 U.S.C. 61(a)(12).
16. The name of a debtor, any other information reasonably
necessary to identify such individual and any other information
concerning the individual's indebtedness under a VA program, may be
disclosed to the Treasury Department, Internal Revenue Service, for
the collection of that indebtedness by offset of Federal income tax
refunds pursuant to 31 U.S.C. 3720A.
17. Debtors' social security numbers, VA claim numbers, loan
account numbers and other information as is reasonably necessary to
identify individual VA indebtedness accounts may be disclosed to the
Department of Housing and Urban Development for inclusion in the
Credit Alert Interactive Voice Response System (CAIVRS). Information
in CAIVRS may be disclosed to all participating agencies and lenders
who participate in the agencies' programs to enable them to verify
information provided by new loan applicants and evaluate the
creditworthiness of applicants. Records are disclosed to
participating agencies and private-sector lenders by an ongoing
computer matching program.
18. Name, Social Security numbers and any other information
reasonably necessary to ensure accurate identification may be
disclosed to the Department of the Treasury, Internal Revenue
Service, to obtain the mailing address of taxpayers who are debtors
under this system of records. Disclosure is made by computer matching
and pursuant to 26 U.S.C. 6103(m)(2).
19. Any information in a record under this system of records may
be disclosed to the United States General Accounting Office (GAO) to
enabling GAO to pursue collection activities authorized to that
office or any other activities within their statutory authority.
Disclosure to consumer reporting agencies ;
Disclosures pursuant to 5 U.S.C. 552a(b)(12) may be made from
this record system to consumer reporting agencies as defined in the
Fair Credit Reporting Act 15 U.S.C. 1681a(f) or the Federal Claims
Collection Act of 1966 31 U.S.C. 3701(a)(3). The disclosure is
limited to information necessary to establish the identity of the
individual, including name, address, and taxpayer identification
number (Social Security number), the amount, status and history of
the claim; and the agency or program under which the claim arose for
the sole purpose of allowing the consumer reporting agency to prepare
a commercial credit report. 38 U.S.C. 5701(g) governs the release of
names and addresses of any person who is a present or former member
of the Armed Forces, or who is a dependent of such a person, to
consumer reporting agencies under certain circumstances. Routine
uses, above, provide for disclosure under those circumstances.
Policies and practices for storing, retrieving, accessing,
retaining and disposing of records in the system:
Storage:
Records are maintained on magnetic tape and disk, microfilm,
microfiche, optical disk and paper documents. DMC does not routinely
maintain paper records of individual debtors in file folders with the
exception of correspondence, and replies thereto, from Congress, the
White House, members of the Cabinet and other similar sources. Paper
records related to accounts receivable may be maintained in
individual file folders located at VA regional offices, health care
facilities and CHAMPVA Center. Generally and with the exception of
claims against third-party insurers and certain first-party medical
debts, such papers maintained outside of DMC are not used directly in
the debt collection process unless they are first forwarded to DMC.
Information stored on magnetic media for most benefit debts,
including first-party medical, may be accessed through a data
telecommunications terminal system designated as CAROLS (Centralized
Accounts Receivable On-Line System). Most CAROLS terminals are
located in DMC; however, VA regional offices generally each have one
terminal for inquiry purposes. Information stored on magnetic media
and related to the All-Volunteer Force Educational Assistance,
education loan, miscellaneous home loan or CHAMPVA debt collection
programs may be accessed through personal computers. Records provided
to the Department of Housing and Urban Development for inclusion in
the Credit Alert Interactive Voice Response System (CAIVRS) are
maintained on magnetic media at the HUD Data Processing Center in
Lanham, Maryland. For benefit debts other than miscellaneous home
loan, first-party medical and CHAMPVA, identifying information, the
amount of the debt and benefit source of the debt may be stored on
magnetic media in records that serve as the data base for the VA
Benefits Delivery Network (BDN). The BDN is operated for the
adjudication of claims and the entry of certain fiscal transactions.
The identifying information, the amount of the debt and benefit
source of the debt are transmitted to the Centralized Accounts
Receivable System (CARS) or a personal computer local area network
system before collection activity commences. When a debtor is awarded
gratuitous benefits under VA programs, the BDN may operate to offset
all or part of retroactive funds awarded, if any, to reduce the
balance of the indebtedness. The Decentralized Hospital Computer
Program (DHCP), through its various modules, is used to create and
store first-party medical charges and debts associated with the
provision of health care benefits. The identifying information about
the person, the amount of the debt and program source of the debt may
be transmitted to CARS as part of the collection process. When a
person receives care under the auspices of VA, a VA medical facility
may collect all or part of a charge or debt.
Retrievability:
Paper documents, microfilm and microfiche are indexed by VA file
number or date of receipt. Automated records are indexed by VA claim
number, Social Security account number, name and loan account number
in appropriate circumstances. Records in CAIVRS may only be retrieved
by Social Security number.
Safeguards:
1. Physical Security: (a) Access to working spaces and document
storage areas in DMC is restricted by cipher locks and to VA
employees on a need-to-know basis. Generally, document storage areas
in VA offices other than DMC are restricted to VA employees on a
need-to-know basis. VA offices are generally protected from outside
access by the Federal Protective Service or other security personnel.
Strict control measures are enforced to ensure that access to and
disclosure from documents, microfilm and microfiche are limited to a
need-to-know basis. (b) Access to CAROLS data telecommunications
terminals is by authorization controlled by the site security
officer. The security officer is assigned responsibility for privacy-
security measures, especially for review of violation logs,
information logs and control of password distribution. (c) Access to
data processing centers is generally restricted to center employees,
custodial personnel, Federal Protective Service and other security
personnel. Access to computer rooms is restricted to authorized
operational personnel through electronic locking devices. All other
personnel gaining access to computer rooms are escorted.
2. CAROLS and Personal Computer Local Area Network (LAN)
Security: (a) Usage of CAROLS and LAN terminal equipment is protected
by password access. Electronic keyboard locks are activated on
security errors.
(b) At the data processing centers, identification of magnetic
media containing data is rigidly enforced using labeling techniques.
Automated storage media which are not in use are stored in tape
libraries which are secured in locked rooms. Access to programs is
controlled at three levels: programming, auditing and operations.
3. CAIVRS Security: Access to the HUD data processing center from
which CAIVRS is operated is generally restricted to center employees
and authorized contact employees. Access to computer rooms is
restricted to authorized operational personnel through locking
devices. All other persons gaining access to computer rooms are
escorted.
Records in CAIVRS use Social Security numbers as identifiers.
Access to information files is restricted to authorized employees of
participating agencies and authorized employees of lenders who
participate in the agencies' programs. Access is controlled by agency
distribution of passwords. Information in the system may be accessed
by use of a touch-tone telephone by authorized agency and lender
employees on a need-to-know basis.
Retention and disposal:
Microfilm and microfiche are retained in metal cabinets in DMC
for 25 years. CARS records are retained until termination of debt
collection (payment in full, write off, compromise or waiver). All
other automated storage media are retained and disposed of in
accordance with disposition authorization approved by the Archivist
of the United States. DMC generally forwards all substantive paper
documents to VA regional offices, health care facilities and CHAMPVA
Center for storage in claims files, patient treatment files, imaging
systems or loan files. Those documents are retained and disposed of
in accordance with the appropriate system of records. Information
provided to HUD for CAIVRS is stored on magnetic tape. The tapes are
returned to VA for updating each month. HUD does not keep separate
copies of the tapes.
System manager(s) and address:
Director, Debt Management Center (389/00), U.S. Department of
Veterans Affairs, Bishop Henry Whipple Federal Building, 1 Federal
Drive, Ft. Snelling, MN 55111.
Notification procedure:
An individual who wishes to determine whether a record is being
maintained in this system under his or her name or other personal
identifier, or wants to determine the contents of such record, should
submit a written request to the system manager indicated above.
Record access procedures:
Individuals seeking information regarding access to and
contesting of VA records may write, call or visit the nearest VA
regional office. Address locations are listed in VA Appendix 1.
Contesting record procedures:
See record access procedures, above.
Record source categories:
The records in this system are derived from four other systems of
records as set forth in ``Categories of records in the system'',
above, persons indebted to the United States by virtue of their
participation in programs administered by Va, dependents of those
persons, fiduciaries for those persons (VA or court appointed), other
Federal agencies, State and local agencies, private collection
agencies, consumer reporting agencies, State, local and county courts
and clerks, other third parties and other VA records.
88VA244
System name:
Accounts Receivable Records-VA.
System location:
Automated indebtedness records for first-party medical billing,
pay administration, compensation, pension, educational assistance,
survivors' and dependents' educational assistance and most home loan
debts are maintained at the VA's Financial Services Center and
Automation/Systems Development Center (AA/SDC) in Austin, Texas.
Automated records of debts referred to the Department of Veterans
Affairs for Government-wide cross-servicing authorized under 31
U.S.C. 3711(g)(4) are maintained at VA's AA/SDC in Austin, Texas.
Extracts of benefit and home loan debt automated records are
maintained in the Benefits Delivery Network for accounting and
adjudication purposes. The Benefits Delivery Network Is administered
by the Benefit Delivery Center (BDC). Hines, Illinois. first-party
medical billing information is extracted from records maintained at
VA medical facilities and in automated media as more fully described
in the Privacy Act system of records, 24VA136, ``Patient Medical
Records-VA'' as published at 40 FR 38095 (Aug. 26, 1975), and amended
as follows: 40 FR 52125 (Nov. 7, 1975); 41 FR 2881 (Jan. 20, 1976);
41 FR 11631 (Mar. 19, 1976); 42 FR 30557 (Jun. 15, 1977); 44 FR 31058
(May 30, 1979); 45 FR 77220 (Nov. 21, 1980); 46 FR 2766 (Jan. 12,
1981); 47 FR 28522 (Jun. 30, 1982); 47 FR 51841 (Nov. 17, 1982); 50
FR 11610 (Mar. 22, 1985); 51 FR 25968 (Jul. 17, 1986); 51 FR 44406
(Dec. 9, 1986); 52 FR 381 (Jan. 5, 1987); 53 FR 49818 (Dec. 9, 1988);
55 FR 5112 (Feb. 13, 1990); 55 FR 37604 (Sept. 12, 1990); 55 FR 42534
(Oct. 19, 1990); 56 FR 1054 (Jan. 10, 1991); 57 FR 28003 (Jun. 23,
1992); 57 FR 4519 (Oct. 1, 1992); 58 FR 29853 (May 24, 1993); 58 FR
40852 (Jul. 30, 1993); and, 58 FR 57674 (Oct. 26, 1993). Automated
and paper indebtedness records for the Civilian Health and Medical
Program of the Department of Veterans Affairs (CHAMPVA) are
maintained at the Health Administration Center (HAC) in Denver,
Colorado and are more fully described in the Privacy Act system of
records, 54VA136, ``Veteran's Spouse or Dependent Civilian Health and
Medical Care Records-VA'', as published at 40 FR 38095 (Aug. 26,
1975) and amended at 53 FR 23845 (Jun. 24, 1998), 53 FR 25238 (Jul.
5, 1988) and 56 FR 26186 (Jun. 6, 1992). Pay administration
indebtedness records are extracted from other automated and paper
records maintained at all VA facilities and the Austin Finance Center
and are more fully described in the Privacy Act system of records,
27VA047, ``Personnel and Accounting Pay System--VA'', as published at
40 FR 38095 (Aug. 26, 1975), and amended as follows: 48 FR 16372
(April 15, 1983); 50 FR 23100 (May 30, 1985); 51 FR 6858 (Feb. 26,
1986); 51 FR 25968 (Jul. 17, 1986); 55 FR 42534 (Oct. 19, 1990); 56
FR 23952 (May 24, 1991); 58 FR 39088 (Jul. 21, 1993); 58 40852 (Jul.
30, 1993); and, 60 FR 35448 (Jul. 7, 1995); 62 FR 41483 (Aug. 1,
1997); and, 62 FR 68362 (Dec. 31, 1997). Certain paper records,
microfilm and microfiche are maintained at the VA Debt Management
Center (DMC), Ft. Snelling, Minnesota. Education loan, miscellaneous
home loan and spina bifida monthly allowance automated, paper,
microfilm and microfiche records are maintained at DMC. Automated and
paper indebtedness records related to the All-Volunteer Force
Educational Assistance Program are also maintained at DMC. Paper
records related to benefit and home loan accounts receivable may be
maintained in individual file folders located at the VA regional
office having jurisdiction over the domicile of the claimant or the
geographic area in which a property securing a VA guaranteed, insured
or direct loan is located. Similarly, paper and automated records
related to first-party medical billing and CHAMPVA are also
maintained in individual patient medical records at VA health care
facilities and HAC. Generally and with the exception of claims
against third-party insurers and certain first-party medical debts,
automated records and papers maintained at regional offices, health
care facilities and HAC are not used directly in the debt collection
process unless they are forwarded by conventional mail, electronic
mail or facsimile to DMC. Records provided to the Department of
Housing and Urban Development (HUD) for inclusion in the Credit Alert
Interactive Voice Response System (CAIVRS) are located at the HUD
Data Processing Center in Lanham, Maryland. Records referred to the
Department of the Treasury for inclusion in the Treasury Offset
Program (TOP) are located at the Financial Management Service Debt
Collection Operations System in Hyattsville, Maryland.
Categories of individuals covered by the system:
Persons indebted to the United States Government as a result of
their participation in benefit programs (including health care
programs) administered by VA under title 38, United States Code,
chapters 11, 13, 15, 17, 18, 21, 30, 31, 34, 35, 36 and 37, including
persons indebted to the United States Government by virtue of their
ownership, contractual obligation or rental of property owned by the
Government or encumbered by a VA-guaranteed, insured, direct or
vendee loan. Persons indebted to the United States Government as a
result of their participation in a benefit program administered by VA
under 10 U.S.C. ch. 1606. Persons who received benefits or services
under 38 U.S.C. or 10 U.S.C. ch. 1606, but who did not meet the
requirements for receipt of such benefits or services. Persons
indebted to the United States, a State or local government whose
debts are referred to the Department of Veterans Affairs for
Government-wide cross-servicing under 31 U.S.C. 3711(g)(4) or any
valid interagency agreement. Persons indebted to the United States as
the result of erroneous payment of pay or allowances or as the result
of erroneous payment of travel, transportation or relocation expenses
and allowances (previously and hereinafter referred to as ``pay
administration'') under the provisions of title 5, United States
Code, part III, subpart D.
Categories of records in the system:
Information varies depending on the source of the debt.
Identifying information including VA claim number, Social Security
number, Tax Identification Number (TIN), name and address and, when
appropriate, loan reference number, obtained from, among other
sources, indebtedness records of Federal agencies other than VA and
the following Privacy Act systems of records: ``Debt Collection
Operations System--Treasury/Financial Management Service'' (Treasury/
FMS .014); ``Compensation, Pension, Education and Rehabilitation
Records-VA'' (58VA21/22); ``Loan Guaranty Home, Condominium and
Manufactured Home Loan Applicant Records, Specially Adapted Housing
Applicant Records, and Vendee Loan Applicant Records-VA'' (55VA26);
``Patent Medical Records-VA'' (24VA136); and, ``Veteran's Spouse or
Dependent Civilian Heath and Medical Care Records-VA'' (54V136).
Initial indebtedness amount, dates of treatment, amounts claimed for
reimbursement type of benefit from which the debt arose, identifying
number of the VA regional office with jurisdiction over the
underlying benefit claim or property subject to default or
foreclosure, station number of the VA health care facility rendering
services, name of co-obligor and property address of the defaulted
home loan from 58VA21/22, 55VA26, 24VA136 and 54VA136. History of
debt collection activity on the person, organization or entity
including correspondence, telephone calls, referrals to other
Federal, State or local agencies, VA regional counsel, private
collection and credit reporting agencies. Payments received, refunds
made, interest amount, current balance of debt and indication of
status of current VA benefit payments. Federal employment status
obtained by computer matching with Government agencies and the United
States Postal Service. No personal medical information concerning the
nature of disease, injury or disability is transmitted to or
maintained in this system of records.
Authority for MAINTENANCE OF THE SYSTEM:
Government records are maintained and managed under the authority
set forth in 31 U.S.C. 3101 and 31 U.S.C. 3102. The purpose of the
system is consistent with the financial management provisions of
title 31, United States Code, chapter 37, the pay administration
provisions of title 5, United States Code, chapter 55, and special
provisions relating to VA benefits in title 38, United States Code,
chapter 53.
Purpose(S):
The purpose of this system is to maintain records of individuals,
organizations and other entities: (1) Indebted to the United States
as a result of their participation in benefit and health care
programs administered by VA; (2) indebted as a result of erroneous
pay administration; (3) indebted under any other program administered
by any agency of the United States Government and whose indebtedness
record has been referred to VA for Government-wide cross-servicing
under 31 U.S.C. 3711(g)(4); and (4) indebted under any Federal, State
or local government program and whose debt was referred to VA for
collection under any valid interagency agreement. Information in this
system of records is used for the administrative management and
collection of debts owed the United States and any State or local
government and for which records are maintained in accordance with
the preceding sentence.
Routine uses of records maintained in the system, including
categories of users and the purpose of such uses:
For purposes of the following routine uses:
(a) The term, ``veteran'', includes present, former or retired
members of the United States Armed Forces, the reserve forces or
national guard;
(b) The term, ``debtor'', means any person falling within the
categories of individuals covered by this system, as set forth above.
A ``debtor'' may be a veteran, as defined above, a veteran's
dependent entitled to VA benefits (including health care) in his or
her own right or a person who is neither a veteran nor a veteran's
dependent for benefit purposes; and,
(c) The terms, ``benefit'', ``benefit program'' and ``VA
program'' include any gratuitous benefit, home loan (including
miscellaneous home loan) or health care (including CHAMPVA) program
administered by the Secretary of Veterans Affairs.
1. The record of an individual who is covered by this system may
be disclosed to a member of Congress or staff person acting for the
member when the member or staff person requests the record on behalf
of and at the written request of that individual.
2. Any information in this system may be disclosed to a Federal
agency, upon its official request, to the extent that it is relevant
and necessary to that agency's decision regarding: the hiring,
retention or transfer of an employee; the issuance of a security
clearance; the letting of a contract or the issuance or continuance
of a license, grant or other benefit given by that agency. However,
in accordance with an agreement between the Department of Veterans
Affairs and the U.S. Postal Service, disclosures to the U.S. Postal
Service for decisions concerning the employment of veterans will only
be made with the veteran's prior written consent.
3. Any information in this system may be disclosed, by computer
matching or otherwise, in connection with any proceeding for the
collection of an amount owed the United States when, in the judgment
of the Secretary, or official generally delegated such authority
under standard agency delegation of authority rules (38 CFR 2.6),
such disclosure is deemed necessary and proper in accordance with 38
U.S.C. 5701(b)(6) for debts resulting from participation in VA
benefit programs or pay administration, with 31 U.S.C. 3711(g)(5) for
other debts referred to VA in its capacity as a Government-wide
cross-servicing facility or with a valid interagency agreement for
collection services independent of the cross-servicing provisions of
section 3711(g)(4) and (g)(5).
4. The name and address of a person indebted to the United States
and other information as is reasonably necessary to identify such
person may be disclosed to a consumer reporting agency for the
purpose of locating that person or to obtain a consumer report in
order to assess the ability of that person to repay an indebtedness,
provided the disclosure is consistent with 38 U.S.C. 5701(g)(2) for
purposes of debts owed veterans and their dependents as a result of
participation in VA benefit programs and 31 U.S.C. 3711(h)(1) for
purposes of all other debts to the United States.
5. The name and address of a person indebted to the United
States, other information as is reasonably necessary to identify such
person, including personal information obtained from other Federal
agencies through computer matching programs, and any information
concerning the person's indebtedness to the United States may be
disclosed to a consumer reporting agency for purposes of making such
information available for inclusion in consumer reports regarding
that person, provided that the provisions of 38 U.S.C. 5701(g)(4)
have been met for purposes of indebtedness incurred as the result of
participation in VA benefit programs and 31 U.S.C. 3711(f)(1) for
purposes of all other types of indebtedness.
6. Any information in this system, including available
identifying information regarding a person, such as the person's
name, address, Social Security number, VA insurance number, VA claim
number, VA loan number, date of birth, employment information or
identification number assigned by any Government component, may be
disclosed, except to consumer reporting agencies, to a third party in
order to obtain current name, address and credit report in connection
with any proceeding for the collection of an amount owed the United
States. Such disclosure may be made in the course of computer
matching having the purpose of obtaining the information indicated
above. Third parties may include other Federal agencies, State
probate courts, State drivers' license bureaus, State automobile
title and license bureaus and private commercial concerns in the
business of providing the information sought.
7. Identifying information, including the debtor's name, Social
Security number and VA claim number, along with the amount of
indebtedness, may be disclosed to any Federal agency, including the
U.S. Postal Service, in the course of conducting computer matching to
identify and locate delinquent debtors employed by or receiving
retirement benefits from those agencies. Such debtors may be subject
to offset of their pay or retirement benefits under the provisions of
5 U.S.C. 5514.
8. Any information in this system, including the nature and
amount of a financial obligation as well as the history of debt
collection activity against a debtor, may be disclosed to the Federal
agency administering salary or retirement benefits to the debtor to
assist that agency in initiating offset of salary or retirement
benefits to collect delinquent debts owed the United States.
9. The name(s) and address(es) of a debtor(s) may be disclosed to
another Federal agency or to a contractor of that agency, at the
written request of the head of that agency or designee of the head of
that agency for the purpose of conducting Government research or
oversight necessary to accomplish a statutory purpose of that agency.
10. Information in this system specifically related to debts
resulting from participation in VA programs or pay administration,
including the amount of debt, may be disclosed at the request of the
subject debtor to accredited service organizations, VA-approved
claims agents and attorneys acting under a declaration of
representation so that these individuals can aid persons indebted to
VA in the preparation, presentation and prosecution of debt-related
matters under the laws administered by VA. The name and address of a
debtor will not, however, be disclosed to these individuals under
this routine use if the debtor has not requested the assistance of an
accredited service organization, claims agent or an attorney.
11. Information in this system specifically related to debts
incurred as a result of participation in VA benefit programs such as
the amount of indebtedness and collection history may be disclosed in
the course of presenting evidence to a court, magistrate or
administrative authority in matters of guardianship, inquests and
commitments, to private attorneys representing debtors rated
incompetent in conjunction with issuance of Certificates of
Incompetence and to probation and parole officers in connection with
court-required duties.
12. Information in this system related to debts incurred as a
result of participation in VA benefit programs, including the amount
of indebtedness and history of collection activity, may be disclosed
to a VA or court-appointed fiduciary or a guardian ad litem in
relation to his or her representation of the subject debtor only to
the extent necessary to fulfill the duties of the fiduciary or
guardian ad litem.
13. Any relevant information in this system may be disclosed to
the Department of Justice and United States Attorneys in the defense
or prosecution of litigation involving or pertaining to the United
States. Any relevant information in this system may also be disclosed
to other Federal agencies upon their request in connection with
review of administrative tort claims and potential tort claims filed
under the Federal Tort Claims Act, 28 U.S.C. 2672, the Military
Claims Act, 10 U.S.C. 2733 and other similar claims statutes.
14. Any information concerning a person's indebtedness to the
United States, including personal information obtained from other
Federal agencies through computer matching programs, may be disclosed
to any third party, except consumer reporting agencies, in connection
with any proceeding for the collection of any amount owed to the
United States. Purposes of these disclosures include, but are not
limited to (a) assisting the Government in collection of debts
resulting from participation in Government programs of all categories
and pay administration, and (b) initiating legal actions for
prosecuting individuals who willfully or fraudulently obtain
Government benefits, pay or allowances without entitlement. Third
parties may include, but are not limited to, persons, organizations
or other entities with contracts for collection services with the
Government.
15. The debtor's name, address, Social Security number and the
amount (excluding interest) of any indebtedness waived, compromised
or written off may be disclosed to the Treasury Department, Internal
Revenue Service, as a report of income under 26 U.S.C. 61(a)(12).
16. The name of a debtor, any other information reasonably
necessary to identify such individual and any other information
concerning the individual's indebtedness under a VA benefit or pay
administration program or an individual's indebtedness referred to VA
for Government-wide cross servicing under 31 U.S.C. 3711(g)(4), may
be disclosed to the Treasury Department, Internal Revenue Service,
for the collection of that indebtedness by offset of Federal income
tax refunds pursuant to 31 U.S.C. 3720A.
17. Debtors' social security numbers, VA claim numbers, loan
account numbers and other information as is reasonably necessary to
identify individual indebtedness accounts may be disclosed to the
Department of Housing and Urban Development for inclusion in the
Credit Alert Interactive Voice Response System (CAIVRS). Information
in CAIVRS may be disclosed to all participating agencies and lenders
who participate in the agencies' programs to enable them to verify
information provided by new loan applicants and evaluate the
creditworthiness of applicants. Records are disclosed to
participating agencies and private-sector lenders by an ongoing
computer matching program.
18. Name, Social Security numbers and any other information
reasonably necessary to ensure accurate identification may be
disclosed to the Department of the Treasury, Internal Revenue
Service, to obtain the mailing address of taxpayers who are debtors
under this system of records. Disclosure is made by computer matching
and pursuant to 26 U.S.C. 6103(m)(2).
19. Any information in a record under this system of records may
be disclosed to the United States General Accounting Office (GAO) to
enable GAO to pursue collection activities authorized to that office
or any other activities within their statutory authority.
20. Any information in this system concerning a debt over 180
days delinquent may be disclosed, by computer matching or otherwise,
to the Secretary of the Treasury or to any designated Government
disbursing official for purposes of conducting administrative offset
of any eligible Federal payments under the authority set forth in 31
U.S.C. 3716. Payments subject to offset include those payments
disbursed by the Department of the Treasury, the Department of
Defense, the United States Postal Service, any Government corporation
or any disbursing official of the United States designated by the
Secretary of the Treasury. Subject to certain exemptions, Social
Security, Black Lung, Railroad Retirement benefits and tax refunds
may be included in those Federal payments eligible for administrative
offset.
21. Any information in this system of records concerning a debt
over 180 days delinquent may be disclosed, by computer matching or
otherwise, to the Secretary of the Treasury for appropriate
collection or termination action, including the transfer of the
indebtedness for collection or termination, in accordance with 31
U.S.C. 3711(g)(4), to a debt collection center designated by the
Secretary of the Treasury, to a private collection agency or to the
Department of Justice. The Secretary of the Treasury, through the
Department of the Treasury, a designated debt collection center, a
private collection agency or the Department of Justice, may take any
appropriate action on a debt in accordance with the existing laws
under which the debt arose.
22. The name and address of a debtor, other information as is
reasonably necessary to identify such person, including personal
information obtained from other Federal, state or local agencies as
well as private sources through computer matching, and other
information concerning the person's indebtedness to the United
States, may be disclosed to third parties, including Federal, State
and local government agencies to determine the debtor's employer.
Such information may be used to initiate garnishment of disposable
pay in accordance with the provisions of 31 U.S.C. 3720D.
23. The name and address of a debtor, and such other information
as may be necessary for identification of that debtor, may be
disclosed to a debtor's employer for purposes of initialing
garnishment of the disposable pay of that debtor under the provisions
of 31 U.S.C. 3720D.
24. The names and addresses of delinquent debtors, along with the
amounts of their debts, may be published or otherwise publicly
disseminated subject to the provisions of 31 U.S.C. 3720E.
25. Any information in this system may be disclosed to a third-
party purchaser of debt more than 90 days delinquent and for which
the sale of such debt was conducted pursuant to the provisions of 31
U.S.C. 3711(i).
Disclosure to consumer reporting agencies:
Disclosures pursuant to 5 U.S.C. 552a(b)(12) may be made from
this record system to consumer reporting agencies as defined in the
Fair Credit Reporting Act 15 U.S.C. 1681a(f) or the Federal Claims
Collection Act of 1966 31 U.S.C. 3701(a)(3). The disclosure is
limited to information necessary to establish the identity of the
individual, including name, address, and taxpayer identification
number (Social Security number), the amount, status and history of
the claim; and the agency or program under which the claim arose for
the sole purpose of allowing the consumer reporting agency to prepare
a commercial credit report. 38 U.S.C. 5701(g) governs the release of
names and addresses of any person who is a present or former member
of the Armed Forces, or who is a dependent of such a person, to
consumer reporting agencies under certain circumstances. Routine
uses, above, provide for disclosure under those circumstances.
Policies and practices for storing, retrieving, accessing,
retaining and disposing of records in the system:
Storage:
Records are maintained on magnetic tape and disk, microfilm,
microfiche, optical disk and paper documents. DMC does not routinely
maintain paper records of individual debtors in file folders with the
exception of correspondence, and replies thereto, from Congress, the
White House, members of the Cabinet and other similar sources. Paper
records related to accounts receivable may be maintained in
individual file folders located at VA regional offices, health care
facilities, HAC and other agencies referring debts to VA in its
capacity as a Government-wide cross-servicing debt collection center.
Generally and with the exception of claims against third-party
insurers and certain first-party medical debts, such papers
maintained outside of DMC are not used directly in the debt
collection process unless they are first forwarded to DMC.
Information stored on magnetic media for most VA benefit debts,
including first-party medical, may be accessed through a data
telecommunications terminal system designated as CAROLS (Centralized
Accounts Receivable On-Line System). Most CAROLS terminals are
located in DMC; however, VA regional offices generally each have one
terminal for inquiry purposes. Records of debts referred to VA in its
capacity as a Government-wide cross servicing debt collection center
will be accessible only to employees of DMC. Information stored on
magnetic media and related to the All-Volunteer Force Educational
Assistance, education loan, miscellaneous home loan or HAC debt
collection programs may be accessed through personal computers.
Records provided to the Department of Housing and Urban Development
for inclusion in the Credit Alert Interactive Voice Response System
(CAIVRS) are maintained on magnetic media at the HUD Data Processing
Center in Lanham, Maryland. Records provided to the Department of the
Treasury for administrative offset or referral to a designated debt
collection center, private collection agency or the Department of
Justice are maintained on magnetic media at the Financial Management
Service Debt Collection Operations System in Hyattsville, Maryland.
For VA benefit debts other than miscellaneous home loan, first-party
medical and CHAMPVA, identifying information, the amount of the debt
are benefit source of the debt may be stored on magnetic media in
records that serve as the database for the VA Benefits Delivery
Network (BDN). The BDN is operated for the adjudication of VA claims
and the entry of certain fiscal transactions. The identifying
information, the amount of the debt and benefit source of the debt
are transmitted to the Centralized Accounts Receivable System (CARS)
or a personal computer local area network system before collection
activity commences. When a debtor is awarded gratuitous benefits
under VA programs, the BDN may operate to offset all or part of
retroactive funds awarded, if any, to reduce the balance of the
indebtedness. The Veterans Health Information Systems and Technology
Architecture (VISTA), through its various modules, is used to create
and store first-party medical charges and debts associated with the
provision of health care benefits. The identifying information about
the person, the amount of the debt and program source of the debt may
be transmitted to CARS as part of the collection process. When a
person receives care under the auspices of VA, a VA medical facility
may collect all or part of a charge or debt.
Retrievability:
Paper documents, microfilm and microfiche related to VA claims
and debts are indexed by VA file number or date of receipt. Automated
records of VA claims and debts are indexed by VA claim number, Social
Security account number, name and loan account number in appropriate
circumstances. Paper documents, microfilm, microfiche and automated
records of pay administration debts and debts referred to VA for
cross servicing are indexed by Social Security account number or
Taxpayer Identification Number. Records in CAIVRS may only be
retrieved by Social Security number.
Safeguards:
1. Physical Security: (a) Access to working spaces and document
storage areas in DMC is restricted by cipher locks and to VA
employees on a need-to-know basis. Generally, document storage areas
in VA offices other than DMC are restricted to VA employees on a
need-to-know basis. VA offices are generally protected from outside
access by the Federal Protective Service or other security personnel.
Strict control measures are enforced to ensure that access to and
disclosure from documents, microfilm and microfiche are limited to a
need-to-know basis. (b) Access to CAROLS data telecommunications
terminals is by authorization controlled by the site security
officer. The security officer is assigned responsibility for privacy-
security measures, especially for review of violation logs,
information logs and control of password distribution. (c) Access to
data processing centers is generally restricted to center employees,
custodial personnel, Federal Protective Service and other security
personnel. Access to computer rooms is restricted to authorized
operational personnel through electronic locking devices. All other
personnel gaining access to computer rooms are escorted.
2. CAROLS and Personal Computer Local Area Network (LAN)
Security: (a) Usage of CAROLS and LAN terminal equipment is protected
by password access. Electronic keyboard locks are activated on
security errors. (b) At the data processing centers, identification
of magnetic media containing data is rigidly enforced using labeling
techniques. Automated storage media which are not in use are stored
in tape libraries which are secured in locked rooms. Access to
programs is controlled at three levels: programming, auditing and
operations.
3. CAIVRS Security: Access to the HUD data processing center from
which CAIVRS is operated is generally restricted to center employees
and authorized contact employees. Access to computer rooms is
restricted to authorized operational personnel through locking
devices. All other persons gaining access to computer rooms are
escorted.
Records in CAIVRS use Social Security numbers as identifiers.
Access to information files is restricted to authorized employees of
participating agencies and authorized employees of lenders who
participate in the agencies' programs. Access is controlled by agency
distribution of passwords. Information in the system may be accessed
by use of a touch-tone telephone by authorized agency and lender
employees on a need-to-know basis.
4. Department of the Treasury Security: Access to the system is
on a need-to-know basis, only, as authorized by the system manager.
Procedural and physical safeguards are utilized to include
accountability, receipt records and specialized communications
security. The data system has an internal mechanism to restrict
access to authorized officials. The building is patrolled by
uniformed security guards.
Retention and disposal:
Microfilm and microfiche are retained in metal cabinets in DMC
for 25 years. CARS records are retained until termination of debt
collection (payment in full, write off, compromise or waiver). All
other automated storage media are retained and disposed of in
accordance with disposition authorization approved by the Archivist
of the United States. DMC generally forwards all substantive paper
documents to VA regional offices, health care facilities and CHAMPVA
Center for storage in claims files, patient treatment files, imaging
systems or loan files. Those documents are retained and disposed of
in accordance with the appropriate system of records. Information
provided to HUD for CAIVRS is stored on magnetic tape. The tapes are
returned to VA for updating each month. HUD does not keep separate
copies of the tapes. Information provided to the Department of the
Treasury for the Treasury Offset Program is transferred
electronically and stored by Treasury on magnetic media.
System manager(s) and address:
Director, Debt Management Center (389/00), U.S. Department of
Veterans Affairs, Bishop Henry Whipple Federal Building, 1 Federal
Drive, Ft. Snelling, MN 55111.
Notification procedure:
An individual who wishes to determine whether a record is being
maintained in this system under his or her name or other personal
identifier, or wants to determine the contents of such record, should
submit a written request to the system manager indicated above.
Record access procedures:
Individuals seeking information regarding access to and
contesting of records maintained by VA may write, call or visit the
nearest VA regional office. Address locations are listed in VA
Appendix 1.
Contesting record procedures:
See record access procedures, above.
Record source categories:
The records in this system are derived from five other systems of
records as set forth in ``Categories of records in the system'',
above, persons indebted to the United States by virtue of their
participation in programs administered by VA or other Government
agencies, dependents of those persons, fiduciaries for those persons
(VA or court appointed), other Federal agencies, State and local
agencies, private collection agencies, consumer reporting agencies,
State, local and county courts and clerks, other third parties and
other VA records.
89VA19
Healthcare Eligibility Records--VA.
System location:
All paper and electronic records are maintained at the Health
Eligibility Center (HEC), 1644 Tullie Circle, Atlanta, Georgia 30329
and at VA healthcare facilities listed in the biennial publication of
the VA's Systems of Records, Appendix A.
Categories of individuals covered by this system:
Veterans who have applied for VA healthcare services under Title
38, United States Code, Chapter 17, and in certain cases, members of
their immediate families.
Categories of records in the system:
Medical benefit application and eligibility information;
identifying information including name, address, date of birth,
social security number, claim number, eligibility information, family
information including spouse and dependent(s) name, address, and
social security number; employment information on veteran and spouse,
including occupation, employer(s) name(s) and address(es); financial
information concerning the veteran and the veteran's spouse including
family income, assets, expenses, debts; third party health plan
contract information, including health insurance carrier name and
address, policy number and time period covered by policy; facility
location(s) where treatment is provided; type of treatment provided,
i.e., inpatient or outpatient; and dates of visits. Documents
generated as a result of income verification by computer match with
records from the IRS and the SSA and during the notification,
verification and due process periods, such as initial verification
letters, income verification forms, final confirmation letters, due
process letters, clarification letters and subpoena documentation.
Individual correspondence provided to the HEC by veterans or family
members including, but not limited to, copies of death certificates;
DD 214, Notice of Separation; disability award letters; IRS documents
(i.e., Form 1040's, W-2's, etc.); state welfare and food stamp
applications; VA and other pension applications; VA Forms 10-10,
Application for Medical Benefits, and 10-10F, Financial Worksheet;
workers compensation forms; and various annual earnings statements,
as well as pay stubs.
Authority for maintenance of the system:
Title 38, United States Code, sections 501(a), 1705, 1722, and
5317.
Routine uses of records maintained in the system, including
categories of users and the purposes of such uses:
Income information that is received from IRS and SSA is protected
by 26 U.S.C. 6103, and may not be disclosed under routine uses set
forth absent specific authorization from the IRS or the VA Office of
General Counsel (024).
1. The record of an individual who is covered by this system may
be disclosed to a Member of Congress or staff person acting for the
member when the member or staff person requests the record on behalf
of, and at the written request of, that individual.
2. Disclosure of records covered by this system, as deemed
necessary and proper to named individuals serving as accredited
service organization representatives and other individuals named as
approved agents or attorneys for a documented purpose and period of
time, to aid beneficiaries in the preparation and presentation of
their cases during the verification and/or due process procedures and
in the presentation and prosecution of claims under laws administered
by the Department of Veterans Affairs.
3. In the event that information in this system of records
maintained by this agency to carry out its functions indicates a
violation or potential violation of law, whether civil, criminal or
regulatory in nature, and whether arising by general statute or a
particular program statute, or by regulation, rule or order issued
pursuant thereto, the relevant records may be referred, as a routine
use, to the appropriate agency, whether Federal, State, local or
foreign, charged with the responsibility of investigating or
prosecuting such violation or charged with enforcing or implementing
the statute, rule, regulation, or order issued pursuant thereto.
4. Relevant information from this system of records may be
disclosed as a routine use 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.
5. Any information in this system may be disclosed to a VA
Federal fiduciary or a guardian ad litem in relation to his or her
representation of a veteran but only to the extent necessary to
fulfill the duties of the VA Federal fiduciary or the guardian ad
litem.
6. Relevant information may be disclosed to attorneys, insurance
companies, employers, third parties, liable or potentially liable
under health plan contracts to the Department of Veterans Affairs,
and to courts, boards, or commissions. Such disclosures may be made
only to the extent necessary to aid the Department of Veterans
Affairs in the preparation, presentation, and prosecution of claims
authorized under Federal, State, or local laws, and regulations
promulgated thereunder.
7. Relevant information may be disclosed to the Department of
Justice and United States Attorneys in defense or prosecution of
litigation involving the United States, and to Federal agencies upon
their request in connection with review of administrative tort claims
filed under the Federal Tort Claims Act, 28 U.S.C. 2672.
8. Disclosure may be made to the National Archives and Records
Administration (NARA), and the General Services Administration (GSA)
in records management inspections conducted under authority of 44
U.S.C. 2904 and 2906.
9. Information in this system of records may be disclosed for the
purposes identified below to a third party, except consumer reporting
agencies, in connection with any proceeding for the collection of an
amount owed to the United States by virtue of a person's
participation in any benefit program administered by the Department
of Veterans Affairs. Information may be disclosed under this routine
use only to the extent that it is reasonably necessary to: (a) Assist
the VA in the collection of costs of services provided individuals
not entitled to such services; and (b) initiate civil or criminal
legal actions for collecting amounts owed to the United States. This
disclosure is consistent with 38 U.S.C. 5701(b)(6).
10. The name and address of a veteran, other information as is
reasonably necessary to identify such veteran, including personal
information obtained from other Federal agencies through computer
matching programs and any information concerning the veteran's
indebtedness to the United States by virtue of the person's
participation in a benefits program administered by the VA, may be
disclosed to a consumer reporting agency for purposes of assisting in
the collection of such indebtedness, provided that the provisions of
38 U.S.C. 5701(g)(4) have been met.
11. For computer matching program and ADP security review
purposes, record information may be disclosed to teams from other
source Federal agencies who are parties to computer matching
agreements involving the information maintained in this system, but
only to the extent that the information is necessary and relevant to
the review.
12. For veterans subject to income verification requirements, the
name and identifying information on a veteran and/or spouse may be
provided to reported payers of earned and/or unearned income in order
to verify the identifier provided, address, income paid, period of
employment, and health insurance information provided on the means
test and to confirm income and demographic data provided by other
Federal agencies during income verification computer matching.
13. Identifying information, including social security numbers,
concerning veterans, their spouses, and the dependents of veterans
may be disclosed to other Federal agencies for purposes of conducting
computer matches to obtain valid identifying demographic and income
information to determine or verify eligibility of certain veterans
who are receiving VA medical care under Title 38, U.S.C.
14. The name and social security number of a veteran, spouse and
dependents, and other identifying information as is reasonably
necessary may be disclosed to SSA, Department of Health and Human
Services, for the purpose of conducting a computer match to obtain
information to validate the social security numbers maintained in VA
records.
Policies and practices for storing, retrieving, accessing,
retaining and disposing of records in the system:
Storage:
All records are maintained at the HEC, 1644 Tullie Circle,
Atlanta, Georgia 30329. Paper correspondence received from the
veteran in response to HEC inquiries may be scanned and stored for
viewing electronically.
Retrievability:
Records (or information contained in records) maintained on paper
documents are indexed by the veteran's name and social security
number and are filed in case number order. Automated veterans' health
eligibility records are indexed and retrieved by the veteran's name,
social security number or case number. Automated health eligibility
record information on spouses may be retrieved by the spouse's name
or social security number.
Safeguards:
1. Data transmissions between VA healthcare facilities and the
HEC and VA databases housed at VA's Austin Automation Center are
accomplished using the Department's wide area network. The software
programs at the respective facilities automatically flag records or
events for transmission based upon functionality requirements. VA
healthcare facilities and the HEC control access to data by using
VHA's Veterans Health Information System and Technology Architecture
(VISTA), (formerly known as Decentralized Hospital Computer Program
(DHCP) software modules), specifically Kernel and MailMan. Kernel
utility programs provide the interface between operating systems,
application packages and users. Once data are identified for
transmission, records are stored in electronic mail messages which
are then transmitted to specific domains on the Department's wide
area network which currently uses the Integrated Data Communications
Utility (IDCU), a vendor-provided set of communications utilities and
hardware. The data are stored in the electronic mail message using
Health Level Seven (HL7) protocol. HL7 is a standard protocol which
specifies the implementation of interfaces between two computer
applications (sender and receiver) from different vendors for
electronic data exchange in healthcare environments. Based on
predetermined functional specifications, HL7 defines the data to be
exchanged, the timing of the interchange, and the communication of
errors when necessary. Server jobs at each agency run continuously to
check for data to be transmitted and/or incoming data which needs to
be parsed to files on the receiving end. All mail messages containing
data transmissions include header information which is used for
validation purposes. Consistency checks in the software are used to
validate the transmission, and electronic acknowledgment messages are
returned to the sending application. The Department's
Telecommunications Support Service has oversight responsibility for
planning, security, and management of the IDCU network.
2. Working spaces and record storage areas at the HEC are secured
during all business hours, as well as during non-business hours. All
entrance doors require an electronic passcard for entry when
unlocked, and entry doors are locked outside normal business hours.
Electronic passcards are issued by the HEC Security Officer. Visitor
entry is controlled by HEC staff by door release or escort. The
building is equipped with an intrusion alarm system for non-business
hours, and this system is monitored by a security service vendor. The
office space occupied by employees with access to veteran records is
secured with an electronic locking system which requires a card for
entry and exit of that office space.
3. Strict control measures are enforced to ensure that access to
and disclosure from all records including electronic files and
veteran specific data elements stored in the HEC veteran database are
limited to HEC employees whose official duties warrant access to
those files. The automated record system recognizes authorized users
by keyboard entry of a series of unique passwords. Once the employee
is logged onto the system, access to files is controlled by discreet
menus which are assigned by the HEC computer system administration
staff upon request from the employee's supervisor and the employee's
demonstrated need to access the data to perform the employee's
assigned duties. A number of other security measures are implemented
to enhance security of electronic records (automatic timeout after
short period of inactivity, device locking after pre-set number of
invalid logon attempts, etc.). Employees are required to sign a user
access agreement acknowledging their knowledge of confidentiality
requirements, and all employees receive annual training on
information security. Access is deactivated when no longer required
for official duties. Recurring monitors are in place to ensure
compliance with nationally- and locally-established security
measures.
4. Veteran data are transmitted from the HEC to VA healthcare
facilities over the Department's computerized electronic
communications system (currently the Integrated Data Communications
Utility or IDCU). Access to data in these files is controlled at the
healthcare facility level in accordance with nationally-and locally-
established data security procedures. VA employees at healthcare
facilities are granted access to patient data on a ``need-to-know''
basis. All employees receive information security training and are
issued unique access and verify codes. Employees are assigned
computer menus that allow them to view and edit records as authorized
by the supervisor. While employees at the healthcare facility may
edit data which was initially input at the facility level, employees
at the facility do not have edit access to income tests which
originated at the HEC. Likewise, HEC employees have view-only access
to the income tests that originated at the healthcare facility.
5. In addition to passcards, the HEC computer room requires
manual entry of a security code prior to entry. Only the automated
information systems (AIS) staff and the HEC security officer are
issued the security code to this area.
Programmer access to the HEC database is restricted only to those
AIS staff whose official duties require that level of access.
6. On-line data reside on magnetic media in the HEC Computer Room
that is highly secured. Backup media are stored in a combination lock
safe in a secured room within the same building; only information
system staff has access to the safe. On a weekly basis, backup media
are stored in off-site storage by a media storage vendor. The vendor
picks up and returns the media in a locked storage container; vendor
personnel do not have key access to the locked container.
7. Any sensitive information that may be downloaded to personal
computer files in the HEC or printed to hard copy format is provided
the same level of security as the electronic records. All paper
documents and informal notations containing sensitive data are
shredded prior to disposal. All magnetic media (primary computer
system) and personal computer disks are degaussed prior to disposal
or release off site for repair.
8. The Income Verification Match Program of the HEC requires that
HEC obtain veteran and spouse earned and unearned income data from
IRS and SSA. The HEC complies fully with the Tax Information Security
Guidelines for Federal, State and Local Agencies (Department of
Treasury IRS Publication 1075) as it relates to access and protection
of such data. These guidelines define the management of magnetic
media, paper and electronic records, and physical and electronic
security of the data.
9. All new HEC employees receive initial information security
training, and refresher training is provided to all employees on an
annual basis. An annual information security audit is performed by
the VA Regional Information Security Officer. This annual audit
includes the primary computer information system, the
telecommunication system, and local area networks. Additionally, the
IRS performs periodic on-site inspections to ensure the appropriate
level of security is maintained for Federal tax data. The HEC
Information Security Officer and AIS administrator additionally
perform periodic reviews to ensure security of the system and
databases.
10. Identification codes and codes used to access HEC automated
communications systems and records systems, as well as security
profiles and possible security violations, are maintained on magnetic
media in a secure environment at the Center. For contingency
purposes, database backups on removable magnetic media are stored
off-site by a licensed and bonded media storage vendor.
Retention and disposal:
Depending on the record medium, records are destroyed by either
shredding or degaussing. Paper records are destroyed after they have
been accurately scanned on optical disks. Optical disks or other
electronic medium are deleted when all phases of the veteran's appeal
rights have ended (ten years after the income year for which the
means test verification was conducted). Tapes received from SSA and
IRS are destroyed 30 days after the data have been validated as being
a true copy of the original data. Summary reports and other output
reports are destroyed when no longer needed for current operation.
Regardless of record medium, no records will be retired to a Federal
records center.
System manager(s) and address:
Official responsible for policies and procedures: Chief
Information Officer (19), VA Central Office, 810 Vermont Avenue, NW,
Washington, DC 20420. Official maintaining the system: Director,
Health Eligibility Center, 1644 Tullie Circle, Atlanta, Georgia
30329.
Notification procedure:
An individual who wishes to determine whether a record is being
maintained in this system under his or her name or other personal
identifier or wants to determine the contents of such record, should
submit a written request or apply in person to the HEC. All inquiries
must reasonably identify the records requested. Inquiries should
include the individual's full name, social security number and return
address.
Record access procedures:
Individuals seeking information regarding access to and
contesting of HEC records may write to the Director, Health
Eligibility Center, 1644 Tullie Circle, Atlanta, Georgia 30329.
Contesting record procedures:
(See Record Access Procedures above.)
Record source categories:
Information in this system of records may be provided by the
veteran; veteran's spouse or other family members or accredited
representatives or friends; employers and other payers of earned
income; financial institutions and other payers of unearned income;
health insurance carriers; other Federal agencies; ``Patient Medical
Records--VA'' (24VA136) system of records; Veterans Benefits
Administration automated record systems (including Veterans and
Beneficiaries Identification and Records Location Subsystem--VA
(38VA23); and the ``Compensation, Pension, Education and
Rehabilitation Records--VA'' (58VA21/22).
95VA00M
System name:
Center for Minority Veterans Management Information System--VA
(95VA00M).
System location:
Record are maintained at the Center for Minority Veterans' office
in VA Headquarters, Washington, DC. VA's Automation Center, 1615 E.
Woodward Street, Austin, Texas 78772, maintains the Automated
Demographic Data File System (ADDFS).
Categories of individuals covered by the system:
The system of records will cover the following individuals: (1)
VA beneficiaries who contact the Center for Minority Veterans for
assistance in addressing concerns about benefits and services
provided to them based on the race or ethnicity of the beneficiary.
(2) The ADDFS will be comprised of demographic data on randomly
selected veterans who served in the military from 1975 to the present
and whose VA benefits data are currently maintained in an existing VA
or DoD automated database.
Categories of records in the system:
The records will include correspondence, electronic mail and
memoranda memorializing conversations with individuals. The records
also may include documents reflecting the processing and
investigation of these complaints, and documents extracted from the
beneficiary's VA records in order to assist in responding to the
veteran's inquiry. The ADDFS will include the names, social security
numbers, claim numbers, race, ethnicity and gender of randomly
selected veterans currently maintained in existing VA or DoD
automated file systems.
Authority for maintenance of the system:
38, U.S.C. 317, as amended.
Routine uses of records maintained in the system, including
categories of users and the purposes of such uses:
1. Disclosure of specific information may be made to a
congressional office, in response to an inquiry from that
congressional office made at the request of the individual and
concerning that individual's records in this system.
2. Disclosure may be made during reviews by the National Archive
and Records Administration during records management inspections
conducted under the authority of Title 44, U.S.C. 2904 and 2906.
3. At the initiative of VA, pertinent information may be
disclosed to appropriate Federal, State or local agencies responsible
for investigating, prosecuting, enforcing or implementing statutes,
rules, regulations or orders, where VA becomes aware of an indication
of a violation or potential violation of civil or criminal law or
regulation.
4. Disclosure may be made to officials of the Merit Systems
Protection Board, including the Office of the Special Counsel, the
Federal Labor Relations Authority and its General Counsel or the
Equal Employment Opportunity Commission, when requested in the
performance of their authorized duties, and the request is not in
connection with a law enforcement investigation.
5. The Department of Veterans Affairs (VA) may disclose records
in this system of records in proceedings before a court or
adjudicative body before which VA is authorized to appear when VA, a
VA official or employee, the United States, or an individual or
entity for whom the United States is providing representation is a
party to litigation or has an interest in such litigation, and VA
determines that the use of such records is relevant and necessary to
the litigation, provided, however, that in each case, the agency
determines that disclosure of the information contained in the
records is compatible with the purpose for which the records were
collected.
6. The Department of Veterans Affairs (VA) may disclose records
in this system of records to the Department of Justice when VA, a VA
official or employee, the United States, or an individual or entity
for whom the United States is providing representation is a party to
litigation or has an interest in such litigation, and VA determines
that the use of such records is relevant and necessary to the
litigation, provided, however, that in each case, the agency
determines that disclosure of the information contained therein is
compatible with the purpose for which the records were collected.
Policies and practices for storing, retrieving, accessing,
retaining and disposing of records in the system:
Storage:
The ADDFS is stored in a secure area located at VA's Automation
Center, 1615 E. Woodward Street, Austin, Texas 78772. ADDFS data
files are stored On magnetic disk and for archival purposes, on
magnetic tape. Other records are stored in the Center for Minority
Veterans in VA Headquarters, Washington, DC, or on file servers at VA
Headquarters that are utilized by the Center.
Retrievability:
Automated records may be retrieved by name, social security
number, claim number, race, ethnicity and/or gender. Paper records
are retrieved by name.
Safeguards:
Access to the automated system is via computer terminal; standard
security procedures, including a unique identification code and
password combination, are used to limit access to authorized
personnel only. Specifically, in order to obtain access to the
automated records in this system of records, an individual must have
access to VA's automated resources. Access to the ADDFS at VA's
Automation Center is limited as follows: An individual may not self-
register for this access. Formal documentation of the request for
access, signed by the employee's supervisor and approved by the
Director, Center for Minority Veterans, is required before an
individual may obtain such access. Authorized customers are issued a
customer identification code and a one-time password. Access to paper
records maintained by the Center for Minority Veterans is limited to
VA employees who need to have access to the records in order to
perform their agency duties. Generally, file areas are locked after
normal duty hours and the Federal Protective Service or other
security personnel protect the offices from outside access.
Retention and disposal:
Records will be maintained and disposed of in accordance with the
records disposal authority approved by the Archivist of the United
States, the National Archives and Records Administration, and
published in Agency Records Control Schedules.
System manager(s) and address:
Director, Center for Minority Veterans, 810 Vermont Avenue, NW,
Washington, DC 20420.
Record access procedures:
An individual who seeks access or wishes to contest records
maintained under his or her name or other personal identifier may
write, call or visit the system manager.
Contesting record procedures:
See record access procedures above.
Record source categories:
For investigation purposes, information may be obtained from
existing VA beneficiary records, employment records; VA
beneficiaries, third parties (e.g., relatives or representatives
acting on their behalf, such as veterans' service organizations);
congressional correspondence and other Federal agencies. For ADDFS,
record sources are VA benefits databases as set forth in ``58VA21/
22--Compensation & Pension, Education and Rehabilitation Records--VA,
``38VA23--Beneficiary Identifier and Records Locator Subsystem--VA,''
and Department of Defense military personnel automated records
systems.
Appendix 1:Addresses of Veterans Administration Facilities-VA
VA Regional Office, 474 South Court St., Montgomery, Alabama
36104
VA Medical Center, 215 Perry Hill Rd., Montgomery, Alabama 36109
VA Medical Center, Tuscaloosa, Alabama 35404
VA Medical Center, Tuskegee, Alabama 36083
Fort Mitchell National Cemetery, Phenix City, Alabama (MAIL:
NCAO, Atlanta, GA 30308)
Alaska AK
VA Regional Office and Outpatient Clinic, 235 East 8th Ave.,
Anchorage, Alaska 99501
Sitka National Cemetery, PO Box 1065, Sitka, Alaska 99835
Fort Richardson National Cemetery, HQ Infantry, 172D Brigade,
AFCT-CM-M, Fort Richardson, Alaska 99505
Arizona AZ
VA Regional Office, 3225 North Central Ave., Phoenix, Arizona
85012
VA Center Medical Center and Domiciliary, Prescott, Arizona 86301
VA Medical Center, Seventh St. & Indian School Rd., Phoenix,
Arizona 85012
Prescott National Cemetery, VAMC, Prescott, Arizona 86313
VA Medical Center, Tucson, Arizona 85723
Arkansas AR
VA Medical Center, Fayetteville, Arkansas 72701
Fayetteville National Cemetery, 700 Government Ave.,
Fayetteville, Arkansas 72701
Fort Smith National Cemetery, 522 Garland Ave. and South 6th St.,
Fort Smith, Arkansas 72901
VA Regional Office, 1200 West 3rd St., Little Rock, Arkansas
72201
VA Medical Center, 300 East Roosevelt Rd., Little Rock, Arkansas
72206
Little Rock National Cemetery, 2523 Confederate Blvd., Little
Rock, Arkansas 72206
California CA
VA Supply Depot, Federal Service Center, Bldg. 701, 5600
Rickenbacker Rd., Bell, California 90201
VA Medical Center, 2615 East Clinton Ave., Fresno, California
93703
VA Medical Center, Livermore, California 94550
Jerry L. Pettis Memorial Veterans Medical Center, 11201 Benton
St., Loma Linda, California 92357
VA Medical Center, 5901 East Seventh St., Long Beach, California
90822
VA Regional Office, Federal Bldg., 1100 Wilshire Blvd., Los
Angeles, California 90024
VA Public and Consumer Affairs Regional Office, PO Box 84041,
11301 Wilshire Blvd., Los Angeles, California 90073
VA Data Processing Center, Federal Bldg., West Lost Angeles,
11000 Wilshire Blvd., Los Angeles, California 90024
VA Medical Center and Domiciliary, West Los Angeles, California
90073
VA Outpatient Clinic, 425 South Hill St., Los Angeles, California
90013
Los Angeles Regional Office of Audit, Wilshire and Sawtelle
Blvd., Bldg. 258, Room 330. Los Angeles, California 90013
Los Angeles Regional Office of Investigations, PO Box 84102, Los
Angeles, California 90073
Los Angeles National Cemetery, 950 S. Sepulveda Blvd., Los
Angeles, California 90049
VA Medical Center, 150 Muir Road, Martinez, California 94553
VA Outpatient Clinic Substation, 1515 Clay St., Okland,
California 94612
VA Medical Center, 3801 Miranda Ave., Palo Alto, California 94304
Golden Gate National Cemetery, 1300 Sneath Lane, San Bruno,
California 94066
Fort Rosecrans National Cemetery, Point Loma, PO Box 6237, San
Diego, California 92106
Riverside National Cemetery, 22495 Van Buren Blvd., Riverside,
California 92508
VA Regional Office, 2022 Camino Del Rio North, San Diego,
California 92108
VA Medical Center, 3350 La Jolla Village Drive, San Diego,
California 92161
VA Outpatient Clinic, 2022 Camino Del Rio North, San Diego,
California 92108
VA Regional Office, 211 Main St., San Francisco, California 94105
VA Medical Center, 4150 Clement St., San Francisco, California
94121
San Francisco National Cemetery, Presidio of San Francisco, PO
Box 29012, San Francisco California 94129
VA Outpatient Clinic Substation, 315 Camiro Del Remedia, 691 A-
OC, PO Box 6863, Santa Barbara, California 93105
VA Medical Center, Sepulveda, California 91343
Colorado CO
VA Regional Office, 44 Union Blvd., PO Box 25126, Denver,
Colorado 80225
VA Medical Center, 1055 Clemont St., Denver, Colorado 80220
VA Prosthetics Distribution Center, Denver Federal Center,
Denver, Colorado 80225
Veterans Canteen Service Field Office, Denver Federal Center, Box
25345, Denver, Colorado 80225
National Cemetery Area Office, 44 Union Blvd., Box 25126, Denver,
Colorado 80225
Fort Logan National Cemetery, 3698 South Sheridan Blvd., Denver,
Colorado 80235
VA Medical Center, Fort Lyon, Colorado 81038
Fort Lyon National Cemetery, VAMC, Fort Lyon, Colorado 81038
VA Medical Center, Grand Junction, Colorado 81501
Connecticut CT
VA Regional Office, 450 Main St., Hartford, Connecticut 06103
Hartford Regional Office of Audit, 450 Main St., Hartford,
Connecticut 06103
Hartford Regional Office of Investigations, 450 Main St.,
Hartford, Connecticut 06103
VA Medical Center, 55 Willard Ave., Newington, Connecticut 06111
VA Medical Center, West Spring St., West Haven, Connecticut 06516
Delaware DE
VA Medical and Regional Office Center, 1601 Kirkwood Highway,
Wilmington, Delaware 19805
District of Columbia DC
VA Central Office, 810 Vermont Ave., NW, Washington, DC 20420
VA Satellite Service Center, 811 Vermont Ave., Washington, DC
20420
VA Public and Consumer Affairs Regional Office, 810 Vermont Ave.,
NW, Washington, DC 20420
VA Congressional Liaison, Room B-328, Rayburn House Office Bldg.,
Washington, DC 20515
VA Regional Office, 941 N. Capitol St., NE, Washington, DC 20421
VA Medical Center, 50 Irving St., NW, Washington, DC 20422
VA Central Dental Laboratory, 50 Irving St., NW, Washington, DC
20422
Florida FL
VA Medical Center and Domiciliary, Bay Pines, Florida 33504
Bay Pines National Cemetery, VAMC, Bay Pines, Florida 33504
VA Outpatient Clinic, PO Box 13594, St. Petersburg, Florida 33733
VA Outpatient Clinic Substation, 2070 Carrell Rd., Fort Myers,
Florida 33901
VA Medical Center, Archer Road, Gainesville, Florida 32602
VA Outpatient Clinic Substation, St. Luke's Professional Bldg.,
1833 Blvd., Jacksonville, Florida 32206
VA Medical Center, Lake City, Florida 32055
VA Medical Center, 1201 Northwest 16th St., Miami, Florida 33125
VA Outpatient Clinic Substation, Port of Palm Beach, Executive
Plaza, 301 Broadway, Rivera Beach, Florida 33404
VA Outpatient Clinic Substation, 5599 North Dixie Highway,,
Oakland Park, Florida 33334
VA Outpatient Clinic Substation, 83 W. Columbia St., Orlando,
Florida 32806
Barrancas National Cemetery, Naval Air Station, Pensacola,
Florida 32508
St. Augustine National Cemetery, 104 Marine St., St. Augustine,
Florida 32084
VA Regional Office, 144 First Ave. South, PO Box 1437, St.
Petersburg, Florida 33731
VA Office, Post Office and Courthouse Bldg., 311 West Monroe St.,
Jacksonville, Florida 32201
VA Office, Room 100, 51 Southwest First Ave., Miami, Florida
33130
VA Medical Center, 13000 North 30th St., Tampa, Florida 33612
Georgia GA
VA Regional Office, 730 Peachtree St., NE, Atlanta, Georgia 30365
Veterans Canteen Service Field Office, 730 Peachtree St., NE,
Atlanta, Georgia 30365
VA National Cemetery Area Office, 730 Peachtree St., NE, Atlanta,
Georgia 30365
Atlanta Regional Office of Audit, 730 Peachtree St., NE, Suite
700, Atlanta, Georgia 30365
Atlanta Regional Office of Investigations, 730 Peachtree St., NE,
Atlanta, Georgia 30365
VA Medical Center, 2460 Wrightsboro Rd. (10), Augusta, Georgia
30910
VA Medical Center, 1670 Clairmont Road, Decatur, Georgia 30033
VA Medical Center and Domiciliary, Dublin, Georgia 31021
Marietta National Cemetery, 500 Washington Ave., Marietta,
Georgia 30060
Hawaii HI
VA Regional Office and Outpatient Clinic, 300 Ala Moana Blvd.,
Honolulu, Hawaii 96813
National Memorial Cemetery of the Pacific, 2177 Puowaina Drive,
Honolulu, Hawaii 96813
Idaho ID
VA Medical Center, Fifth and Fort Sts., Boise, Idaho 83702
VA Regional Office, Federal Bldg. & U.S. Courthouse, 550 West
Fort St., Box 044, Boise, Idaho 83724
Illinois IL
Chicago Regional Office of Audit, Lock Box 66302, AMF O'Hare,
Hines, Illinois 60666
Chicago Regional Office of Investigations, Lock Box 66319, AMF
O'Hare, Hines, Illinois, 60666
Alton National Cemetery, 600 Pearl St., Alton, Illinois 62003
VA Regional Office, 536 So. Clark St., Chicago, Illinois 60680
VA Public and Consumer Affairs Regional Office, 536 So. Clark
St., Chicago, Illinois 60680
VA Medical Center (Lakeside), 333 East Huron St., Chicago,
Illinois 60611
VA Medical Center (West Side), 820 South Damen Ave., Chicago,
Illinois 60680
VA Medical Center, Danville, Illinois 61832
VA Outpatient Clinic Subsection, 411 West Seventh St., Peoria,
Illinois 61605
VA Medical Center, North Chicago, Illinois 60064
VA Medical Center, Hines, Illinois 60141
VA Marketing Center, PO Box 76, Hines, Illinois 60141
VA Supply Depot, PO Box 27, Hines, Illinois 60141
VA Data Processing Center, Lock Box 66303, AMF O`Hare, Hines,
Illinois 60666
VA Medical Center, Marion, Illinois 62959
Mound City National Cemetery, Junction Highway 37 and 51, Mound
City, Illinois 62963
Quincy National Cemetery, 36th and Maine St., Quincy, Illinois
62301
Rock Island National Cemetery, Rock Island Arsenal, Rock Island,
Illinois 61299
Camp Butler National Cemetery, R.R. #1, Springfield, Illinois
62707
Indiana IN
VA Medical Center, 1600 Randallia Drive, Fort Wayne, Indiana
46805
VA Regional Office, 575 North Pennsylvania St., Indianapolis,
Indiana 46204
VA Medical Center, 1481 West 10th St., Indianapolis, Indiana
46202
Crown Hill National Cemetery, 3402 Boulevard Place, Indianapolis,
Indiana 46208
VA Medical Center, Marion, Indiana 46952
Marion National Cemetery, VAMC, Marion, Indiana 46952
New Albany National Cemetery, 1943 Ekin Ave., New Albany, Indiana
47150
VA Outpatient Clinic Substation, 214 Southeast 6th St.,
Evansville, Indiana 47708
Iowa IA
VA Regional Office, 210 Walnut St., Des Moines, Iowa 50309
VA Medical Center, 30th & Euclid Ave., Des Moines, Iowa 50310
VA Medical Center, Iowa City, Iowa 52240
Keokuk National Cemetery, 18th and Ridge St., Keokuk, Iowa 52632
VA Medical Center, Knoxville, Iowa 50138
Kansas KS
Fort Leavenworth National Cemetery, Fort Leavenworth, Kansas
66048
Fort Scott National Cemetery, PO Box 917, Fort Scott, Kansas
66701
VA Medical Center and Domiciliary, Leavenworth, Kansas 66048
Leavenworth National Cemetery, Leavenworth, Kansas 66048
VA Medical Center, 2200 Gage Blvd., Topeka, Kansas 66622
VA Medical and Regional Office Center, 901 George Washington
Blvd., Wichita, Kansas 67211
Kentucky KY
Danville National Cemetery, 377 North First St., Danville,
Kentucky (MAIL: Camp Nelson National Cemetery, KY 40356)
Lebanon National Cemetery, Lebanon, Kentucky 40033
VA Medical Center, Lexington, Kentucky 40507
Lexington National Cemetery, 833 West Main St., Lexington,
Kentucky (MAIL: Camp Nelson National Cemetery, KY 40356)
VA Regional Office, 600 Federal Place, Louisville, Kentucky 40202
VA Medical Center, 800 Zorn Avenue, Louisville, Kentucky 40202
Zachary Taylor National Cemetery, 4701 Brownsboro Road,
Louisville, Kentucky 40207
Cave Hill National Cemetery, 701 Baxter Ave., Louisville,
Kentucky (MAIL: Zachary Taylor National Cemetery, KY 40207)
Mill Springs National Cemetery, R.R. No. 1, Nancy, Kentucky 42544
Camp Nelson National Cemetery, R.R. No. 3, Nicholasville,
Kentucky 40356
Louisiana LA
VA Medical Center, Alexandria, Louisiana 71301
Baton Rouge National Cemetery, 220 North 19th St., Baton Rouge,
Louisiana 70806
VA Medical Center, 701 Loyola Ave., New Orleans, Louisiana 70113
VA Office, 510 East Stoner Ave., Shreveport, Louisiana 71130
VA Medical Center, 1601 Perdido St., New Orleans, Louisiana 70146
Alexandria National Cemetery, 209 Shamrock Ave., Pineville,
Louisiana 71360
VA Medical Center, 510 East Stoner Ave., Shreveport, Louisiana
71130
Port Hudson National Cemetery, Route No. 1, Box 185, Zachary,
Louisiana 70791
Maine ME
VA Medical and Regional Office Center, Togus, Maine 04330
Togus National Cemetery, VAMC and RO, Togus, Maine 04330
VA Office, 85 Preble St., Portland, Maine 04101
Maryland MD
Annapolis National Cemetery, 800 West St., Annapolis, Maryland
21401
VA Regional Office, Federal Bldg., 31 Hopkins Plaza, Baltimore,
Maryland 21201
VA Medical Center, 3900 Loch Raven Blvd., Baltimore, Maryland
21218
VA Outpatient Clinic, Federal Bldg., 31 Hopkins Plaza, Baltimore,
Maryland 21201
Baltimore National Cemetery, 5501 Frederick Ave., Baltimore,
Maryland 21228
Loudon Park National Cemetery, 3445 Frederick Ave., Baltimore,
Maryland (MAIL: Baltimore National Cemetery, MD 21228)
VA Medical Center, Fort Howard, Maryland 21052
Hyattsville Regional Office of Audit, Presidential Bldg., 6525
Belcrest Rd., Suite 412, Hyattsville, Maryland 20782
Hyattsville Regional Office of Investigations, Presidential
Bldg., 6525 Belcrest Rd., Suite 412, Hyattsville, Maryland 20782
VA Medical Center, Perry Point, Maryland 21902
Massachusetts MA
VA Medical Center, 200 Springs Rd., Bedford, Massachusetts 01730
VA Regional Office, John Fitzgerald Kennedy Federal Bldg.,
Government Center, Boston, Massachusetts 02203
VA Office, 1200 Main St., Springfield, Massachusetts 01103
VA Medical Center, 150 South Huntington Ave., Boston,
Massachusetts 02130
VA Outpatient Clinic Substation, 50 Kearney Square, Lowell,
Massachusetts 01852
VA Outpatient Clinic, 17 Court St., Boston, Massachusetts 02108
VA Medical Center, Brockton, Massachusetts 02401
VA Outpatient Clinic Substation, 53 North Sixth St., New Bedford,
Massachusetts 02740
VA Medical Center, Northampton, Massachusetts 01060
VA Outpatient Clinic Substation, 101 State St., Springfield,
Massachusetts 01103
VA Medical Center, 1400 Veterans of Foreign Wars Parkway, West
Roxbury, Massachusetts 02132
VA Outpatient Clinic Substation, Federal Bldg., 575 Main St.,
Worcester, Massachusetts 01608
Massachusetts National Cemetery, Bourne, Massachusetts 02532
Michigan MI
VA Medical Center, Allen Park, Michigan 48101
Fort Custer National Cemetery, 15501 W. Dickman Rd., Augusta,
Michigan 49012
VA Medical Center, 2215 Fuller Rd., Ann Arbor, Michigan 48105
VA Medical Center, Battle Creek, Michigan 49016
VA Outpatient Clinic Substation, 260 Jefferson St., SE, Grand
Rapids, Michigan 49502
VA Regional Office, 477 Michigan Avenue, Detroit, Michigan 48226
VA Medical Center, Iron Mountain, Michigan 49801
VA Medical Center, 1500 Weiss St., Saginaw, Michigan 48602
Minnesota MN
VA Medical Center, 54th St. & 48th Ave. South, Minneapolis,
Minnesota 55417
VA Outpatient Clinic, Fort Snelling, St. Paul, Minnesota 55111
VA Medical Center, St. Cloud, Minnesota 56301
VA Center, Federal Bldg., Fort Snelling, St. Paul, Minnesota
55111
VA Regional Office and Insurance Center, Federal Bldg., Fort
Snelling, St. Paul, Minnesota 55111
VA Data Processing Center, Federal Bldg., Fort Snelling, St.
Paul, Minnesota 55111
Fort Snelling National Cemetery, 7601 34th Avenue South,
Minneapolis, Minnesota 55450
Mississippi MS
VA Medical Center and Domiciliary, Biloxi, Mississippi 39531
Biloxi National Cemetery, VAMC, Biloxi, Mississippi 39531
Corinth National Cemetery, 1551 Horton St., Cornith, Mississippi
38834
VA Medical Center and Domiciliary, 1500 East Woodrow Wilson Ave.,
Jackson, Mississippi 39216
VA Regional Office, 100 West Capitol St., Jackson, Mississippi
39269
Natchez National Cemetery, 61 Cemetery Road, Natchez, Mississippi
39120
Missouri MO
Harry S. Truman Memorial Veterans Medical Center, 800 Stadium
Road, Columbia, Missouri 65201
Jefferson City National Cemetery, 1024 East McCarty St.,
Jefferson City, Missouri (MAIL: NCAO, Atlanta, GA 30308)
VA Medical Center, 4801 Linwood Blvd., Kansas City, Missouri
64128
VA Medical Center, Poplar Bluff, Missouri 63901
Kansas City Regional Office of Audit, 1221 Baltimore St., Suite
1000, Kansas City, Missouri 64105
Kansas City Regional Office of Investigations, 1221 Baltimore
St., Suite 1000, Kansas City, Missouri 64105
VA Records Depository, PO Box 141, Neosho, Missouri 64850
VA Regional Office, Federal Bldg., 1520 Market St., St. Louis,
Missouri 63103
VA Office, Federal Office Bldg., 601 East 12th St., Kansas City,
Missouri 64106
Veterans Canteen Service Finance Center, Federal Bldg., 405
Tucker Blvd., St. Louis, Missouri 63101
VA Medical Center, St. Louis, Missouri 63125
VA Records Processing Center, PO Box 5020, St. Louis, Missouri
63115
Jefferson Barracks National Cemetery, 101 Memorial Drive, St.
Louis, Missouri 63125
Springfield National Cemetery, 1702 East Seminole St.,
Springfield, Missouri 65804
Montana MT
VA Medical and Regional Office Center, Fort Harrison, Montana
59636
VA Medical Center, Miles City, Montana 59301
Nebraska NE
VA Medical Center, Grand Island, Nebraska 66801
VA Regional Office, 100 Centennial Mall North, Lincoln, Nebraska
68508
VA Medical Center, 600 South 70th St., Lincoln, Nebraska 68510
VA Medical Center, 4101 Woolworth Avenue, Omaha, Nebraska 68105
Fort McPherson National Cemetery, Maxwell, Nebraska 69151
Nevada NV
VA Regional Office, 245 East Liberty St., Reno, Nevada 89520
VA Medical Center, 1000 Locust St., Reno, Nevada 89520
VA Outpatient Clinic, 1703 West Charleston Blvd., Las Vegas,
Nevada 89102
New Hampshire NH
VA Regional Office, 275 Chestnut St., Manchester, New Hampshire
03101
VA Medical Center, 718 Smyth Rd., Manchester, New Hampshire 03104
New Jersey NJ
Beverly National Cemetery, Beverly, New Jersey 08010
VA Medical Center, East Orange, New Jersey 07019
VA Outpatient Clinic, 20 Washington Place, Newark, New Jersey
07120
VA Medical Center, Lyons, New Jersey 07939
VA Regional Office, 20 Washington Place, Newark, New Jersey 07120
Finn's Point National Cemetery, R.F.D. #3, Fort Mott Road, Salem,
New Jersey 08079
VA Supply Depot, Somerville, New Jersey 08876
Veterans Canteen Service Field Office, Somerville, New Jersey
08876
New Mexico NM
VA Regional Office, 500 Gold Ave., SW, Albuquerque, New Mexico
87102
VA Medical Center, 2100 Ridgecrest Dr., SE, Albuquerque, New
Mexico 87108
Fort Bayard National Cemetery, 403 South Bullard St., Silver
City, New Mexico 88061
Santa Fe National Cemetery, Box 88, Santa Fe, New Mexico 87501
New York NY
VA Medical Center, Albany, New York 12208
VA Office, Leo W. O'Brien Federal Building, Clinton Ave. and N.
Pearl Street, Albany, New York 12207
VA Medical Center, Batavia, New York 14020
VA Medical Center and Domiciliary, Bath, New York 14810
Bath National Cemetery, VAMC, Bath, New York 14810
VA Medical Center, 130 West Kingsbridge Rd., Bronx, New York
10468
VA Medical Center, 800 Poly Place, Brooklyn, New York 11209
VA Outpatient Clinic Substation, 100 State St., Rochester, New
York 14614
Cypress Hills National Cemetery, 625 Jamacia Ave., Brooklyn, New
York (MAIL: NCAO, Philadelphia, PA 19106)
VA Regional Office, Federal Bldg., 111 West Huron St., Buffalo,
New York 14202
VA Medical Center, 3495 Bailey Ave., Buffalo, New York 14215
Calverton National Cemetery, Princeton Blvd., Calverton, New York
11933
VA Medical Center, Canandaigua, New York 14424
VA Medical Center, Castle Point, New York 12511
Woodlawn National Cemetery, 1825 Davis St., Elmira, New York
(MAIL: Bath National Cemetery, NY 14810)
Long Island National Cemetery, Farmingdale, L.I., New York 11735
Franklin Delano Roosevelt Medical Center, Montrose, New York
10548
VA Regional Office, 252 Seventh Ave. at 24th St., New York, New
York 10001
VA Prosthetics Evaluation Testing Center, 252 Seventh Ave., New
York, New York 10001
VA Public and Consumer Affairs Regional Office, 252 Seventh Ave.,
New York, New York 10001
VA Medical Center, First Ave. at East 24th St., New York, New
York 10001
VA Outpatient Clinic, 252 Seventh Ave., New York, New York 10001
VA Medical Center, Northport, New York 11768
VA Office, Federal Office Building and Courthouse, 100 State
Street, Rochester, New York 14614
VA Office, U.S. Courthouse and Federal Bldg., 100 South Clinton
St., New York 13260
VA Medical Center Irving Ave. & University Pl., Syracuse, New
York 13210
North Carolina NC
VA Medical Center, 508 Fulton St., Durham, North Carolina 27705
VA Medical Center, 2300 Ramsey St., Fayetteville, North Carolina
28301
VA Medical Center, Asheville, North Carolina 28805
New Bern National Cemetery, 1711 National Ave., New Bern, North
Carolina 28560
Raleigh National Cemetery, 501 Rock Quarry Road, Raleigh, North
Carolina 27610
VA Medical Center, 1601 Brenner Ave., Salisbury, North Carolina
28144
Salisbury National Cemetery, 202 Government Road, Salisbury,
North Carolina 28144
Wilmington National Cemetery, 2011 Market St., Wilmington, North
Carolina 28403
VA Outpatient Clinic, 251 North Main St., Winston-Salem, North
Carolina 27155
VA Regional Office, Federal Office Building, 251 North Main
Street, Winston-Salem, North Carolina 27155
North Dakota ND
VA Regional Office, 655 First Ave. North, Fargo, North Dakota
58102
VA Medical Center, Elm and 21st Ave. North, Fargo, North Dakota
58102
Ohio OH
VA Medical Center, Chillicothe, Ohio 45601
VA Medical Center, 3200 Vine St., Cincinnati, Ohio 45220
VA Regional Office, Federal Office Bldg., 1240 East Ninth St.,
Cleveland, Ohio 44199
VA Office, Room 1024, Federal Office Bldg., 550 Main St.,
Cincinnati, Ohio 45202
VA Office, 200 North High St., Room 309, Columbus, Ohio 43215
VA Medical Center, 10701 East Boulevard, Cleveland, Ohio 44106
VA Outpatient Clinic, 2090 Kenny Rd., Columbus, Ohio 43221
VA Medical Center and Domiciliary, Dayton, Ohio 45428
Dayton National Cemetery, VAMC, 4100 West Third St., Dayton, Ohio
45428
VA Outpatient Clinic Substation, 3333 Glendale Ave., Toledo, Ohio
43614
Oklahoma OK
Fort Gibson National Cemetery, Fort Gibson, Oklahoma 74434
VA Regional Office, 125 South Main St., Muskogee, Oklahoma 74401
VA Office, Federal Bldg., 200 Northwest Fourth St., Oklahoma
City, Oklahoma 73102
VA Outpatient Clinic Substation, 635 West 11th St., Tulsa,
Oklahoma 74101
VA Medical Center, Oklahoma 74401
VA Medical Center, 921 Northeast 13th St., Oklahoma City,
Oklahoma 73104
Oregon OR
VA Regional Office, 1220 SW Third Ave., Portland, Oregon 97204
VA Medical Center, 3710 SW U.S. Veterans Hospital Rd., Portland,
Oregon 97207
Willamette National Cemetery, 11800 Southeast Mt. Scott Blvd., PO
Box 66147, Portland, Oregon 97266
VA Outpatient Clinic, Portland, Oregon 97207
VA Medical Center, Roseburg, Oregon 97470
Roseburg National Cemetery, VAMC, Roseburg, Oregon 97470
VA Domiciliary, White City, Oregon 97501
White City National Cemetery, 2763 Riley Rd., Eagle Point, Oregon
97524
Pennsylvania PA
VA Medical Center, Altoona, Pennsylvania 16603
VA Medical Center, Butler, Pennsylvania 16001
VA Medical Center, Coatesville, Pennsylvania 19320
VA Medical Center, 135 East 38th St., Erie, Pennsylvania 16501
VA Medical Center, Lebanon, Pennsylvania 17042
VA Outpatient Clinic Substation, Federal Bldg., 228 Walnut St.,
Harrisburg, Pennsylvania 17108
Indiantown Gap National Cemetery, PO Box 187, Annville,
Pennsylvania 17003
VA Regional Office and Insurance Center, 5000 Wissahickon Ave.,
(Mail PO Box 80709) Philadelphia, Pennsylvania 19101
VA Office, 19-27 North Main St., Wilkes-Barre, Pennsylvania 18701
VA Data Processing Center, PO Box 8079, Philadelphia,
Pennsylvania 19101
VA Medical Center, University and Woodland Aves., Philadelphia,
Pennsylvania 19104
VA Outpatient Clinic, 1421 Cherry St., Philadelphia, Pennsylvania
19102
Philadelphia National Cemetery, Haines St. and Limekiln PIke,
Philadelphia, Pennsylvania 19138
VA Regional Office, 1000 Liberty Ave., Pittsburgh, Pennsylvania
15222
VA Medical Center, Highland Drive, Pittsburgh, Pennsylvania 15206
VA Medical Center, University Drive C, Pittsburgh, Pennsylvania
15240
VA Outpatient Clinic, 100 Liberty Ave., Pittsburgh, Pennsylvania
15222
VA Medical Center, 1111 East End Blvd., Wilkes-Barre,
Pennsylvania 18711
VA National Cemetery Area Office, Independence Building South,
434 Walnut St., Rm. 1040, Philadelphia, Pennsylvania 19106
VA Outpatient Clinic, Substation, 2937 Hamilton Blvd., Allentown,
Pennsylvania 18104
Philippines
VA Regional Office and Outpatient Clinic, 1131 Roxas Blvd.,
Manila, Philippines; MAILING ADDRESS from U.S.: VA Regional Office,
APO San Francisco 96528
Puerto Rico, Commonwealth of (Including the Virgin Islands) PR
VA Medical and Regional Office Center, Barrio Monacillos, Rio
Piedras, Puerto Rico 00921
VA Medical and Regional Office Center, U.S. Courthouse and
Federal Bldg., Carlos E. Chardon Ave., Hato Rey, Puerto Rico 00918
Puerto Rico National Cemetery, Box 1298, Bayamon, Puerto Rico
00619
VA Outpatient Clinic, Substation Calle Isabel 60, Ponce, Puerto
Rico 00731
VA Outpatient Clinic, Substation, Road Number 2, Mayaguez, Puerto
Rico 00708
Rhode Island RI
VA Regional Office, 380 Westminster Mall, Providence, Rhode
Island 02903
VA Medical Center, Davis Park, Providence, Rhode Island 02908
South Carolina SC
Beaufort National Cemetery, 1601 Boundary St., Beaufort, South
Carolina 29902
VA Medical Center, 109 Bee St., Charleston, South Carolina 29403
VA Regional Office, 1801 Assembly St., Columbia, South Carolina
29201
VA Medical Center, Columbia, South Carolina 29201
Florence National Cemetery, 803 East National Cemetery Road,
Florence, South Carolina 29501
VA Outpatient Clinic Substation, Piedmont East Bldg., 37 Villa
Rd., Greenville, South Carolina 29607
South Dakota SD
VA Medical Center, Fort Meade, South Dakota 57741
Fort Meade National Cemetery, VAMC, Fort Meade, South Dakota
57741
VA Medical Center and Domiciliary, Hot Springs, South Dakota
57747
Hot Springs National Cemetery, VAMC, Hot Springs, South Dakota
57747
VA Medical and Regional Office Center, 2501 West 22nd St., Sioux
Falls, South Dakota 57117
Black Hills National Cemetery, PO Box 640, Sturgis, South Dakota
57785
Tennessee TN
Chattanooga National Cemetery, 1200 Bailey Ave., Chattanooga,
Tennessee 37404
Knoxville National Cemetery, 939 Tyson St., NW, Knoxville,
Tennessee 37917
Nashville National Cemetery, 1420 Gallatin Road, South, Madison,
Tennessee 37115
VA Medical Center, 1030 Jefferson Ave., Memphis, Tennessee 38104
Memphis National Cemetery, 3568 Townes Ave., Memphis, Tennessee
38122
VA Medical Center and Domiciliary, Mountain Home, Tennessee 37601
Mountain Home National Cemetery, PO Box 8, Mountain Home,
Tennessee 37684
VA Medical Center, Murfreesboro, Tennessee 37130
VA Regional Office, 110 9th Ave. South, Nashville, Tennessee
37203
VA Medical Center, 1310 24th Ave. South, Nashville, Tennessee
37203
VA Outpatient Clinic Substation, Building 6200, Eastgate Center,
Chattanooga, Tennessee 37411
VA Outpatient Clinic Substation, 9047 Executive Park Dr., Suite
100, Knoxville, Tennessee 37919
Texas TX
VA Medical Center, 6010 Amarillo Blvd. West, Amarillo, Texas
79106
VA Data Processing Center, 1615 East Woodward St., Austin, Texas
78772
VA Data Transmission Center, 1615 East Woodward St., Austin,
Texas 78772
VA Medical Center, Big Spring, Texas 79720
VA Medical Center and Domiciliary, Bonham, Texas 75418
VA Outpatient Clinic Substation, 1502 South Brownlee Blvd.,
Corpus Christi, Texas 78404
VA Medical Center, 4500 South Lancaster Rd., Dallas, Texas 75216
VA Public and Consumer Affairs Regional Office, 4500 South
Lancaster Rd., Dallas Texas 75216
VA Central Dental Lab, 4502 South Lancaster Rd., Dallas, Texas
75216
VA Office, U.S. Courthouse and Federal Office Building, 1100
Commerce Street, Dallas, Texas 75202
Dallas Regional Office of Audit, 2626 Mockingbird, Rm. 280,
Dallas, Texas 75235
Dallas Regional Office of Investigations, 2626 Mockingbird, Rm.
280, Dallas, Texas 75235
VA Outpatient Clinic, 5919 Brook Hollow Drive, El Paso, Texas
79925
Fort Bliss National Cementery, PO Box 6342, Fort Bliss, Texas
79906
Houston National Cementery, 10410 Stuebner Air Line Road,
Houston, Texas 77038
VA Regional Office, 2515 Murworth Dr., Houston, Texas 77054
VA Office, 307 Dwyer Ave., San Antonio, Texas 78285
VA Medical Center, 2002 Holcombe Blvd., Houston, Texas 77211
VA Outpatient Clinic Substation, 3385 Fannin St., Beaumont, Texas
77701
VA Medical Center, Kerrville, Texas 78028
VA Office, Federal Building, U.S. Courthouse, 1205 Texas Ave.,
Lubbock, Texas 79401
Kerrville National Cemetery, Veterans Administration Medical
Center, Spur Rt. 100, Kerrville, Texas 78028
VA Outpatient Clinic, 1205 Texas Ave., Room 814, Lubbock, Texas
79401
VA Medical Center, Marlin, Texas 76661
VA Outpatient Clinic Substation, 1220 Jackson Ave., McAllen,
Texas 78501
Audie L. Murphy Memorial Veterans Medical Center, 7400 Merton
Minter Blvd., San Antonio, Texas 78284
San Antonio National Cemetery, 517 Paso Hondo St., San Antonio,
Texas (MAIL: Sam Houston National Cemetery, TX 78209)
Fort Sam Houston National Cemetery, 1520 Harry Wurzbach Road, San
Antonio, Texas 78209
VA Outpatient Clinic Substation, 307 Dwyer Ave., San Antonio,
Texas 78285
VA Medical Center and Domiciliary, Temple, Texas 76501
VA Regional Office, 1400 North Valley Mills Drive, Waco, Texas
76799
VA Office, U.S. Courthouse and Federal Bldg., 1100 Commerce St.,
Dallas, Texas 75202
VA Medical Center, Memorial Drive, Waco, Texas 76703
VA Outpatient Clinic, 1400 North Valley Mills Drive, Waco, Texas
76799
Utah UT
VA Regional Office, 125 South State St., PO Box 11500, Salt Lake
City, Utah 84147
VA Medical Center, 500 Foothill Blvd., Salt Lake City, Utah 84148
Vermont VT
VA Medical and Regional Office Center, White River Junction,
Vermont 05001
Virginia VA
Forms and Publications Depot, 6307 Gravel Ave., Alexandria,
Virginia 22310
Alexandria National Cemetery, 1450 Wilkes Street, Alexandria,
Virginia 22314
Culpepper National Cemetery, 305 U.S. Ave., Culpepper, Virginia
22701
Danville National Cemetery, 721 Lee St., Danville, Virginia 24541
VA Medical Center and Domiciliary, Hampton, Virginia 23667
Hampton National Cemetery, Cemetery Road at Marshall Ave.,
Hampton, Virginia 23669
City Point National Cemetery, 10th Ave. and Davis St., Hopewell,
Virginia (MAIL: Richmond National Cemetery, VA 23231)
Balls Bluff National Cemetery, Leesburg, Virginia (MAIL:
Winchester National Cemetery, VA 22601)
Cold Harbor National Cemetery, R.F.D. No. 4, Box 155,
Mechanicsville, Virginia (MAIL: Richmond National Cemetery, VA 23231)
VA Medical Center, 1201 Broad Rock Road, Richmond, Virginia 23249
Fort Harrison National Cemetery, R.F.D. No. 5, Box 174, Varina
Road, Richmond, Virginia (MAIL: Richmond National Cemetery, VA 23231)
Richmond National Cemetery, 1701 Williamsburg Road, Richmond,
Virginia 23231
Glendale National Cemetery, R.F.D. No. 5, Box 272, Richmond,
Virginia (MAIL: Richmond National Cemetery, VA 23231)
VA Regional Office, 210 Franklin Rd., SW, Roanoke, Virginia 24011
VA Medical Center, Salem, Virginia 24153
Seven Pines National Cemetery, 400 East Williamsburg Road,
Sandston, Virginia (MAIL: Richmond National Cemetery, VA 23231)
Staunton National Cemetery, 901 Richmond Ave., Staunton, Virginia
24401
Winchester National Cemetery, 401 National Ave., Winchester,
Virginia 22601
Quantico National Cemetery, PO Box 10, Triangle, Virginia 22172
Washington WA
VA Medical Center, American Lake, Tacoma, Washington 98493
VA Regional Office, 915 Second Ave., Seattle, Washington 98174
VA Medical Center, 1660 South Columbian Way, Seattle, Washington
98108
Seattle Regional Office of Audit, PO Box 409, Seattle, Washington
98174
Seattle Regional Office of Investigations, PO Box 409, Seattle,
Washington 98174
VA Medical Center, North 4815 Assembly St., Spokane, Washington
99208
VA Medical Center, Vancouver, Washington 98661
VA Medical Center, 77 Wainwright Drive, Walla Walla, Washington
99362
West Virginia WV
VA Medical Center, 200 Veterans Ave., Beckley, West Virginia
25801
VA Medical Center, Clarksburg, West Virginia 26301
Grafton National Cemetery, 431 Walnut St., Grafton, West Virginia
26354
VA Regional Office, 640 4th Ave., Huntington, West Virginia 25704
VA Medical Center, 1540 Spring Valley Dr., Huntington, West
Virginia 25701
VA Medical Center and Domiciliary, Martinsburg, West Virginia
25401
VA Data Transmission Center, Grassylick Rd., Romney, West
Virginia 26725
Wisconsin WI
VA Medical Center, 2500 Overlook Terrace, Madison, Wisconsin
53705
VA Center (Milwaukee), PO Box 6, Wood, Wisconsin 53193
VA Medical Center, Tomah, Wisconsin 54660
VA Medical Center and Domiciliary, 5000 West National Ave., Wood,
Wisconsin 53193
Wood National Cemetery, VAMC 5000 West National Ave., Wood,
Wisconsin 53193
Wyoming WY
VA Medical and Regional Office Center, 2360 East Pershing Blvd.,
Cheyenne, Wyoming 82001
VA Medical Center, Sheridan, Wyoming 82801
Appendix 2: List of all Outreach Program Vet Centers
Vet Center, 4201 Tudor Centre Drive, Suite 115, Anchorage, AK
99508
Vet Center Satellite, 712 10th Ave., Fairbanks, AK 99701
Vet Center Satellite, PO Box 1883, Kenai, AK 99611
Vet Center Satellite, Box 957, Wasilla, AK 99687
Vet Center, 2145 Highland Ave., Suite 250, Birmingham, AL 35205
Vet Center, 110 Marine Street, Mobile AL 36604
Vet Center, 1311 West 2nd St., Little Rock, AR 72201
Vet Center, 807 North 3rd St., Phoenix, AZ 85004
Vet Center, 727 North Swan, Tucson, AZ 85711
Vet Center, 859 South Harbor Blvd., Anaheim, CA 92805
Vet Center, 1899 Clayton Road, Suite 140, Concord, CA 94520
Vet Center, 1340 Van Ness Ave., Fresno, CA 93721
Vet Center, 251 West 85th Place, Los Angeles, CA 90003
Vet Center, 2000 Westwood Blvd., Los Angeles, CA 90025
Vet Center, 2449 West Beverly Blvd., Montabello, CA 90640
Vet Center, 18924 Roscoe Blvd., Northridge, CA 91335
Vet Center, 616 16th St., Oakland, CA 94612
Vet Center, 4954 Arlington Ave., Riverside, CA 92504
Vet Center, 2900 6th Ave., San Diego, CA 92103
Vet Center, 1708 Waller Street, San Francisco, CA 94117
Vet Center, 2989 Mission Street, San Francisco, CA 94110
Vet Center, 1648 West Santa Clara Street, San Jose, CA 95116
Vet Center, 361 S. Monroe St., Suite 605, San Jose, CA 95128
Vet Center Satellite, 875 West Moreno Ave., Colorado Springs, CO
80905
Vet Center, 1820 Gilpin Street, Denver, CO 80218
Vet Center, 370 Market Street, Hartford, CT 06103
Vet Center, 562 Whalley Ave., New Haven, CT 06510
Vet Center, 709 8th St., SE, Washington DC 20003
Vet Center, Van Buren Medical Center, 1411 N. Van Buren St.,
Wilmington, DE 19806
Vet Center, 400 E. Prospect Rd., Ft. Lauderdale, FL 33334
Vet Center, 255 Liberty St., Jacksonville, FL 32202
Vet Center, 412 NE 39th St., Miami, FL 33137
Vet Center, 5001 South Orange, Orlando, FL 32809
Vet Center, 235 31st St. North, St. Petersburg, FL 33713
Vet Center, 1507 W. Sligh Ave., Tampa, FL 33604
Vet Center, 65 11th St., NE, Atlanta, GA 30309
Vet Center, 1370 Kapiolani Blvd., Suite 201, Honolulu, HI 96814
Vet Center, 3619 6th Avenue, Des Moines, IA 50313
Vet Center, 706 Jackson, Sioux City, IA 51101
Vet Center, 103 West State St., Boise, ID 83702
Vet Center, 547 West Roosevelt Rd., Chicago, IL 60607
Vet Center, 1600 Halsted St., Chicago Heights, IL 60411
Vet Center, 155 South Oak Park Ave., Oak Park, IL 60302
Vet Center, 605 NE Monroe, Peoria, IL 61603
Vet Center, 101 N. Kentucky Ave., Evansville, IN 47711
Vet Center, 528 West Berry St., Fort Wayne, IN 46802
Vet Center, 811 Massachusetts Ave., Indianapolis, IN 46204
Vet Center, 249 West Short St., Lexington, KY 40507
Vet Center, 736 South 1st St., Louisville, KY 40202
Vet Center, 310 South Laura, Wichita, KS 67211
Vet Center, 1529 N. Claibourne Ave., New Orleans, LA 70116
Vet Center, 480 Tremont Street, Boston, MA 02116
Vet Center, 71 Washington St., Brighton, MA 02135
Vet Center, 15 Bolton Place, Brockton, MA 02401
Vet Center, 1985 Main St., Northgate Plaza, Springfield, MA 01103
Vet Center, 1420 W. Patapsco Ave, Patapsco Plaza, Baltimore, MD
21230
Vet Center, Mondawmin Shopping Center, 1153 Mondawmin Concourse,
Baltimore, MD 21215
Vet Center, 7 Elkton Commercial Plaza, Elkton, MD 21921
Vet Center, 8121 Georgia Ave., Suite 500, Silver Spring, MD 20910
Vet Center, 96 Harlow Street, Bangor, ME 04401
Vet Center, 175 Lancaster St., Room 213, Portland, ME 04101
Vet Center, 18411 West Seven Mile Rd., Detroit, MI 48219
Vet Center, 1940 Eastern Ave., SE, Grand Rapids, MI 49507
Vet Center, 14405 North Line, Southgate, MI 48195
Vet Center, 3600 Broadway, Suite 19, Kansas City, MO 64111
Vet Center, 2345 Pine Street, St. Louis, MO 63103
Vet Center, 405 E. Superior St., Duluth, MN 55802
Vet Center, 2480 University Ave., St. Paul, MN 55114
Vet Center, 158 E. Pascagoula St., Jackson, MS 39201
Vet Center, 2708 Montana Avenue, Billings, MT 59101
Vet Center, 910 North Alexander St., Suite 210, Charlotte, NC
28206
Vet Center, 4 Market Square, Fayetteville, NC 28301
Vet Center, 1322 Gateway Drive, Fargo, ND 58103
Vet Center, 108 Burdick Expressway, Minot, ND 58701
Vet Center, 920 L Street, Lincoln, NE 65808
Vet Center, 5123 Leavenworth St., Omaha, NE 68106
Vet Center, 14 Pearl Street, Manchester, NH 03104
Vet Center, 626 Newark Ave., Jersey City, NJ 07036
Vet Center, 1030 Broad Street, Newark, NJ 07102
Vet Center, 318 East State St., Trenton, NJ 08608
Vet Center, 4603 4th Street, NW, Albuquerque, NM 87107
Vet Center Satellite, 211 West Mesa, Gallup, NM 87301
Vet Center, 214 South 8th St., Las Vegas, NV 89101
Vet Center, 341 S. Arlington St., Reno, NV 89501
Vet Center, 875 Central Ave., West Mall Office Plaza, Albany, NY
12208
Vet Center, 116 West Main St., Babylon, NY 11702
Vet Center, 226 East Fordham Rd., Rooms 216/217, Bronx, NY 10458
Vet Center, 165 Cadman Plaza East, Brooklyn, NY 11201
Vet Center, 351 Linwood Avenue, Buffalo, NY 14209
Vet Center, 148-43 Hillside Ave., Jamaica Hills, NY 11435
Vet Center, 166 West 75th St., Manhattan, NY 10023
Vet Center Satellite, 200 Hamilton, Ave., White Plains Mall,
White Plains, NY 10601
Vet Center, 31 East 12th St., 4th Floor, Cincinnati, OH 45202
Vet Center, 10605 Carnegie Ave., Cleveland, OH 44106
Vet Center, 11511 Lorain Ave., Cleveland, OH 44111
Vet Center, 1751 Cleveland Ave., Columbus, OH 43211
Vet Center, 438 Wayne Avenue, Dayton, OH 45410
Vet Center, 4111 North Lincoln, Suite No. 10, Oklahoma City, OK
73105
Vet Center, 1605 South Boulder, Tulsa, OK 74119
Vet Center, 1966 Garden Avenue, Eugene, OR 97403
Vet Center, 2450 SE Belmont, Portland, OR 97214
Vet Center, 127 State Street, Harrisburg, PA 17101
Vet Center Satellite, 4328 Old William Penn Highway, Monroeville,
PA 15146
Vet Center, 1107 Arch Street, Philadelphia, PA 19107
Vet Center, 5601 North Broad Street, Room 202, Philadelphia, PA
19141
Vet Center, 954 Penn Avenue, Pittsburgh, PA 15222
Vet Center, Suite LC-8A/9 Medical Center Plaza, La Riviera, Rio
Piedras, PR 00921
Vet Center, 172 Pine Street, Pawtucket, RI 02860
Vet Center, 904 Pendelton St., Greenville, SC 29601
Vet Center, 3366 Rivers Avenue, No., Charleston, SC 29405
Vet Center, 610 Kansas City Street, Rapid City, SD 57701
Vet Center, 100 West 6th St., Suite 101, Sioux Falls, SD 57102
Vet Center, 1515 E. Magnolia Ave., Suite 201, Knoxville, TN 37917
Vet Center, 1 North 3rd Street, Memphis, TN 38103
Vet Center, 5415 Maple Plaza, Suite 114, Dallas, TX 75235
Vet Center, 2121 Wyoming St., El Paso, TX 79903
Vet Center, Seminary South Office Building, Suite 10, Forth
Worth, TX 76115
Vet Center, 4905A San Jacinto, Houston, TX 77004
Vet Center, 717 Corpus Christi, Laredo, TX 78040
Vet Center, 107 Lexington Ave., San Antonio, TX 78205
Vet Center, 1916 Fredericksburg Road, San Antonio, TX 78201
Vet Center, 216 East 5th St. South, Salt Lake City, UT 84102
Vet Center, 7450 \1/2\ Tidewater Drive, Norfolk, VA 23505
Vet Center, Gresham Court Box 83, 1030 West Franklin St.,
Richmond, VA 23220
Vet Center Satellite, St. Croix, VI 00802
Vet Center, Havensight Mall (116V), St. Thomas, VI 00802
Vet Center, Building No. 2, Gilman Office Complex, White River
Junction, VT 05001
Vet Center Satellite, RFD No. 2, Tafts Corners, Williston, VT
05495
Vet Center, 1322 East Pike St., Seattle, WA 98122
Vet Center, North 1611 Division, Spokane, WA 99207
Vet Center, 4801 Pacific Avenue, Tacoma, WA 98408
Vet Center, 147 S. Butler St., Madison, WI 53703
Vet Center, 3400 Wisconsin, Milwaukee, WI 53208
Vet Center, 1014 6th Avenue, Huntington, WV 25701
Vet Center, 1191 Pineview Drive, Morgantown, WV 26505
Vet Center Satellite, 641 East Second St., Casper, WY 82601
Vet Center, 1810 Pioneer St., Cheyenne, WY 82001
Appendix 3: Automated Medication Processing Facilities
(Alphabetical by State and Facility With Outpatient Clinic
Substations Listed Below Their Associated Medical Center)
VA Medical Center, 700 South 19th Street, Birmingham, Alabama
35233
VA Medical Center, 215 Perry Hill Road, Montgomery, Alabama 36109
VA Outpatient Clinic Substation, 2451 Fillingim Street, Mobile,
Alabama 36617 (MAIL: VAMC Biloxi, MS 39531)
VA Medical Center, Tuscaloosa, Alabama 35404
VA Medical Center, Tuskegee, Alabama 36083
VA Medical Center, 2615 East Clinton Avenue, Fresno, California
93703
VA Medical Center, Livermore, California 94550
VA Medical Center, 11201 Benton Street, Jerry L. Pettis Mem.
Vets. Hosp., Loma Linda, California 92357
VA Medical Center, 5901 East Seventh Street, Long Beach,
California 90822
VA Medical Center, 11301 Wilshire Blvd., West Los Angeles
(Brentwood), California 90073
VA Medical Center, West Los Angeles (Wadsworth), California 90073
Veterans Administration Outpatient Clinic, PO Box 6863, 315
Camiro Del Remedio, 691 A-OC, Santa Barbara, California 93105
VA Regional Pharmacy, Mail-Out Service Bldg. 222, W. Los Angeles,
California 90073
VA Outpatient Clinic, 425 South Hill Street, Los Angeles,
California 90013
VA Medical Center, 150 Muir Road, Martinez, California 94553
VA Outpatient Clinic Substation, 1515 Clay Street, Oakland,
California 94612
VA Outpatient Clinic Substation, 4600 Broadway, Sacramento,
California 95820
VA Medical Center, 3801 Miranda Avenue, Palo Alto, California
94304
VA Medical Center, 3350 La Jolla Village Drive, San Diego,
California 92161
VA Outpatient Clinic Medical Center, 2022 Camino Del Rio North,
San Diego, California 92108
VA Medical Center, 4150 Clement Street, San Francisco, California
94121
VA Medical Center, Sepulveda, California 91343
VA Medical Center, 1055 Clemont Street, Denver, Colorado 80220
VA Medical Center, Fort Lyon, Colorado 81038
VA Medical Center, Grand Junction, Colorado 81501
VA Medical Center, 55 Willard Avenue, Newington, Connecticut
06111
VA Medical Center, West Spring Street, West Haven, Connecticut
06516
VA Medical Center, 50 Irving Street, NW, Washington, DC 20422
VA Medical Center, Bay Pines, Florida 33504
VA Outpatient Clinic Medical Center, PO Box 13594, St.
Petersburg, Florida 33733
VA Medical Center, Archer Road, Gainesville, Florida 32602
VA Outpatient Clinic Substation, 1833 Blvd., Jacksonville,
Florida 32206
VA Medical Center, Lake City, Florida 32055
VA Medical Center, 1201 Northwest 16th Street, Miami, Florida
33125
VA Outpatient Clinic Substation, Port of Palm Beach, Executive
Plaza, 301 Broadway, Riveria Beach, Florida 33404
VA Medical Center, 13000 North 30th Street, James A. Haley
Veterans Medical Center, Tampa, Florida 33612
VA Outpatient Clinic Substation, 2070 Carrell Road, Fort Myers,
Florida 33901
VA Outpatient Clinic Substation, 83 West Columbia Street,
Orlando, Florida 32806
VA Medical Center, 2460 Wrightsboro Rd., Augusta, Georgia 30910
VA Medical Center, Atlanta, 1670 Clairmont Road, Decatur, Georgia
30033
VA Medical Center, Dublin, Georgia 31021
VA Medical Center, Fifth and Fort Streets, Boise, Idaho 83702
VA Medical Center, 333 East Huron Street, Chicago (Lakeside),
Illinois 60611
VA Medical Center, 820 South Damen Avenue, Chicago (West Side),
Illinois 60680
VA Medical Center, North Chicago, Illinois 60064
VA Medical Center, Edward Hines Jr. Medical Center, Hines,
Illinois, 60141
VA Medical Center, 30th & Euclid Avenue, Des Moines, Iowa 50310
VA Medical Center, Iowa City, Iowa 52240
VA Medical Center, Knoxville, Iowa 50138
VA Medical Center, Lexington, Kentucky 40507
VA Medical Center, 800 Zorn Avenue, Louisville, Kentucky 40202
VA Medical and Regional Office Center, Togus, Maine 04330
VA Medical Center, 3900 Loch Raven Blvd., Baltimore, Maryland
21218
VA Outpatient Clinic, Federal Bldg., 31 Hopkins Plaza, Baltimore,
Maryland 21201
VA Medical Center, Fort Howard, Maryland 21052
VA Medical Center, Perry Point, Maryland 21902
VA Medical Center, 200 Springs Road, Edith Nourse Rogers Veterans
Medical Center, Bedford, Massachusetts 01730
VA Medical Center, 150 South Huntington Avenue, Boston,
Massachusetts 02130
VA Outpatient Clinic Substation, 50 Kearney Square, Lowell,
Massachusetts 01852
VA Outpatient Clinic, 17 Court Street, Boston, Massachusetts
02108
VA Medical Center, Brockton, Massachusetts 02401
VA Medical Center, Northampton, Massachusetts 01060
VA Outpatient Clinic Substation, 101 State Street, Springfield,
Massachusetts 01103
VA Medical Center, 1400 Veterans of Foreign Wars Parkway, West
Roxbury, Massachusetts 02132
VA Outpatient Clinic Substation, Federal Building, 575 Main
Street, Worcester, Massachusetts 01608
VA Medical Center, Allen Park, Michigan 48101
VA Medical Center, 2215 Fuller Road, Ann Arbor, Michigan 48105
VA Outpatient Clinic Substation, 3333 Glendale Avenue, Toledo,
Ohio 43614
VA Medical Center, Battle Creek, Michigan 49016
VA Outpatient Clinic Substation, 260 Jefferson St. SE, Grand
Rapids, Michigan 49502
VA Medical Center, Iron Mountain, Michigan 49801
VA Medical Center, 1500 Weiss Street, Saginaw, Michigan 38602
VA Medical Center, 54th Street & 48th Avenue South, Minneapolis,
Minnesota 55417
VA Outpatient Clinic, Fort Snelling, St. Paul, Minnesota 55111
VA Medical Center, St. Cloud, Minnesota 56301
VA Medical Center, Biloxi Division, Biloxi, Mississippi 39531
VA Medical Center, Gulfport Division, Biloxi, Mississippi 39531
VA Medical Center and Domiciliary, 1500 East Woodrow Wilson
Drive, Jackson, Mississippi 39216
VA Medical and Regional Office Center, Fort Harrison, Montana
59636
VA Medical Center, Miles City, Montana 59301
VA Medical Center, Grand Island, Nebraska 68801
VA Medical Center, 600 South 70th Street, Lincoln, Nebraska 68510
VA Medical Center, 4101 Woolworth Avenue, Omaha, Nebraska 68105
VA Medical Center, 1000 Locust Street, Reno, Nevada 89520
VA Outpatient Clinic, 1703 West Charleston Blvd., Las Vegas,
Nevada 89102
VA Medical Center, 718 Symth Road, Manchester, New Hampshire
03104
VA Medical Center, 130 West Kingsbridge Road, Bronx, New York
10468
VA Medical Center, 800 Poly Place, Brooklyn, New York 11209
VA Medical Center, Castle Point, New York 12511
VA Medical Center, Franklin Delano Roosevelt Medical Center,
Montrose, New York 10548
VA Medical Center, First Avenue At East 24th Street, New York,
New York 10010
VA Outpatient Clinic, 252 Seventh Avenue, New York, New York
10001
VA Medical Center, Northport, New York 11768
VA Medical and Regional Office Center, 655 First Avenue, North
Fargo, North Dakota 58102
VA Regional Office, Federal Bldg., 125 South Main Street,
Muskogee, Oklahoma 74401
VA Outpatient Clinic Substation, 635 West 11th Street, Tulsa,
Oklahoma 74101
VA Medical Center, 921 Northeast 13th Street, Oklahoma City,
Oklahoma 73104
VA Medical Center, 3710 SW U.S. Veterans Medical Center Road,
Portland, Oregon 97207
VA Outpatient Clinic, 426 SW Stark Street, Portland, Oregon 97204
VA Medical Center, Roseburg, Oregon 97470
VA Domiciliary, White City, Oregon 97501
VA Medical Center, Barrio Monacillos, Rio Piedras, Puerto Rico
00921
VA Center, U.S. Courthouse and Federal Bldg., Carlos E. Chardon
Avenue, Hato Rey, Puerto Rico 00918
VA Outpatient Clinic, Substation, Calle Isable No. 60, Ponce,
Puerto Rico 00731
VA Medical and Regional Office Center Box 4867, San Juan, Puerto
Rico 00936
VA Outpatient Clinic Substation, Road Number 2, Mayaguez, Puerto
Rico 00708
VA Medical Center, Davis Park, Providence, Rhode Island 02908
VA Outpatient Clinic Substation, 53 North Sixth Street, New
Bedford, Massachusetts 02740
VA Medical Center, 109 Bee Street, Charleston, South Carolina
29403
VA Medical Center, 1801 Assembly St., Columbia, South Carolina
29201
VA Outpatient Clinic Substation, Piedmont East Bldg., 37 Villa
Road, Greenville, South Carolina 29607
VA Medical Center, Fort Meade, South Dakota 57741
VA Medical Center, Hot Springs, South Dakota 57747
VA Medical Center, 2501 West 22nd Street, Sioux Falls, South
Dakota 57101
VA Medical Center, 1030 Jefferson Avenue, Memphis, Tennessee
38104
VA Medical Center, Murfreesboro, Tennessee 37130
VA Medical Center, 1310 24th Avenue, South, Nashville, Tennessee
37203
VA Outpatient Clinic Substation, Bldg. 6200, Eastgate Center,
Chattanooga, Tennessee 37411
VA Outpatient Clinic Substation, 9047 Executive Park Drive, Suite
100, Knoxville, Tennessee 37919
VA Medical Center, Sam Rayburn Memorial Veterans Center, Bonham,
Texas 75418
VA Medical Center, 4500 South Lancaster Road, Dallas, Texas 75216
VA Medical Center, 2002 Holcombe Blvd., Houston, Texas 77211
VA Outpatient Clinic Substation, 3385 Fannin Street, Beaumont,
Texas 77701
VA Medical Center, Kerrville, Texas 78028
VA Medical Center, Marlin, Texas 76661
VA Medical Center, 7400 Merton Minter Blvd., Audie L. Murphy
Memorial Veterans Medical Center, San Antonio, Texas 78284
VA Outpatient Clinic Substation, 307 Dwyer Avenue, San Antonio,
Texas 78285
VA Outpatient Clinic Substation, 1502 South Brownlee Blvd.,
Corpus Christi, Texas 78404
VA Outpatient Clinic Substation, 1220 Jackson Avenue, McAllen,
Texas 78501
VA Medical Center, Olin E. Teague Veterans' Center, Temple, Texas
76501
VA Medical Center, Memorial Drive, Waco, Texas 76703
VA Outpatient Clinic, 1400 North Valley Mills Drive, Waco, Texas
76799
VA Medical Center, 500 Foothill Boulevard, Salt Lake City, Utah
84148
VA Medical and Regional Office Center, White River Junction,
Vermont 05001
VA Medical Center, Hampton, Virginia 23667
VA Medical Center, 1201 Broad Rock Road, Richmond, Virginia 23249
VA Medical Center, Salem, Virginia 24153
VA Medical Center, American Lake, Tacoma, Washington 98493
VA Medical Center, 4435 Beacon Avenue, South, Seattle, Washington
98108
VA Medical Center, North 4815 Assembly Street, Spokane,
Washington, 99208
VA Medical Center, Vancouver, Washington 98661
VA Medical Center, 77 Wainwright Drive, Walla Walla, Washington
99362
VA Medical Center, 200 Veterans Avenue, Beckley, West Virginia
25801
VA Medical Center, 1540 Spring Valley Drive, Huntington, West
Virginia 25704
VA Medical Center, Martinsburg, West Virginia 25401
VA Medical Center, 2500 Overlook Terrace, William S. Middleton
Memorial Veterans Medical Center, Madison, Wisconsin 53705
VA Medical Center, 5000 West National Avenue, Wood, Wisconsin
53193
VA Medical Center, Tomah, Wisconsin 54660
VA Medical and Regional Office Center, 2360 East Pershing Blvd.,
Cheyenne, Wyoming 82001
VETERANS AFFAIRS DEPARTMENT
Title 38-Pensions, Bonuses, and Veterans' Relief
Chapter I-Veterans Affairs Dep-artment
PART 1-GENERAL PROVISIONS
Safeguarding Personal Information in Department of Veterans Affairs
Records
Sec.
1.575 Social security numbers in veterans' benefits matters.
1.576 General policies, conditions of disclosure, accounting of certain
disclosures, and definitions
1.577 Access to records.
1.578 Veterans Affairs Department system of records requirements.
1.579 Amendment of records.
1.580 Administrative review.
1.581 Judicial review.
1.582 Exemptions.
1.583 Mailing lists.
1.584 Reports.
Note: Sections 1.575 through 1.584 concern the safeguarding of
individual privacy from the misuse of information from files, records,
reports, and other papers and documents in Department of Veterans
Affairs custody. As to the release of information from Department of
Veterans Affairs claimant records see Sec. 1.500 series. As to the
release of information from Department of Veterans Affairs records other
than claimant records see Sec. 1.550 series. Section 1.575 series
implement the provisions of Pub. L. 93-579, December 31, 1974, adding a
section 552a to title 5, United States Code providing that individuals
be granted access to records concerning them which are maintained by
Federal agencies, and for other purposes.
Source: Sections 1.575 through 1.584 issued at 40 FR 33944, Aug. 12,
1975, unless otherwise noted.
Safeguarding Personal Information in Department of Veterans Affairs
Records
Sec. 1.575 Social security numbers in veterans' benefits matters.
(a) Except as provided in paragraph (b) of this section, no one will
be denied any right, benefit, or privilege provided by law because of
refusal to disclose to the Department of Veterans Affairs a social
security number.
(b) The VA may require mandatory disclosure of a claimant's or
beneficiary's social security number (including the social security
number of a dependent of a claimant or beneficiary) on necessary forms
as prescribed by the Administrator, as a condition precedent to receipt
or continuation of receipt of compensation (where affected by outside
income) or pension payable under the provisions of chapters 11, 13, and
15 of Title 38, United States Code. The VA may also require mandatory
disclosure of an applicant's social security number as a condition for
receiving loan guaranty benefits and a social security number or other
taxpayer identification number from existing direct and vendee loan
borrowers and as a condition precedent to receipt of a VA-guaranteed
loan, direct loan or vendee loan, under chapter 37 of title 38, United
States Code. (Pub. L. 97-365, sec.4).
(c) A person requested by the VA to disclose a social security number
shall be told, as prescribed by Sec. 1.578(c), whether disclosure is
voluntary or mandatory. The person shall also be told that the VA is
requesting the social security number under the authority of Title 38,
United States Code, or in the case of existing direct or vendee loan
borrowers, under the authority of 26 U.S.C. 6109(a) in conjunction with
sections 145 and 148 of Pub. L. 97-369, or in the case of loan
applicants, under the authority of section 4 of Pub. L. 97-365. The
person shall also be told that it will be used in the administration of
veterans' benefits in the identification of veterans or persons claiming
or receiving VA benefits and their records, that it may be used in
making reports to the Internal Revenue Service where required by law,
and to determine whether a loan guaranty applicant has been identified
as a delinquent taxpayer by the Internal Revenue Service, and that such
taxpayers may have their loan applications rejected, and that it may be
used to verify Social Security Administration and, for other purposes
where authorized by both Title 38, United States Code and the Privacy
Act of 1974, (Pub. L. 93-579), or, where required by another statute,
(Pub. L. 97-365, sec. 4).
[44 FR 22068, Apr. 13, 1979; as amended at 51 FR 21750, Jun. 16, 1986]
Sec. 1.576 General policies, conditions of disclosure, accounting
of certain disclosures, and definitions.
(a) The Department of Veterans Affairs will safeguard an individual
against an invasion of personal privacy. Except as otherwise provided by
law or regulation its officials and employees will:
(1) Permit an individual to determine what records pertaining to him
or her will be collected, maintained, used, or disseminated by the
Department of Veterans Affairs.
(2) Permit an individual to prevent records pertaining to him or her,
obtained by the Department of Veterans Affairs or a particular purpose,
from being used or made available for another purpose without his or her
consent.
(3) Permit an individual to gain access to information pertaining to
him or her in Department of Veterans Affairs records, to have a copy
made of all or any portion thereof, and to correct or amend such
records.
(4) Collect, maintain, use, or disseminate any record of identifiable
personal information in a manner that assures that such action is for a
necessary and lawful purpose, that the information is correct and
accurate for its intended use, and that adequate safeguards are provided
to prevent misuse of such information.
(5) Permit exemptions from records requirements provided in 5 U.S.C.
552a only where an important public policy need for such exemption has
been determined pursuant to specific statutory authority.
(b) The Department of Veterans Affairs will not disclose any record
contained in a system of records by any means of communication to any
person or any other agency except by written request of or prior written
consent of the individual to whom the record pertains unless such
disclosure is:
(1) To those officers and employees of the agency which maintains the
record and who have a need for the record in the performance of their
duties;
(2) Required under 5 U.S.C. 552;
(3) For a routine use of the record compatible with the purpose for
which it was collected;
(4) To the Bureau of the Census for purposes of planning or carrying
out a census or survey or related activity pursuant to title 13, United
States Code;
(5) To a recipient who has provided the Department of Veterans Affairs
with advance adequate written assurance that the record will be used
solely as a statistical research or reporting record, and the record is
to be transferred in a form that is not individually identifiable;
(6) To the National Archives of the United States as a record which
has sufficient historical or other value to warrant its continued
preservation by the U.S. Government, or for evaluation by the
Administrator of General Services or designee to determine whether the
record has such value;
(7) To another agency or to an instrumentality of any governmental
jurisdiction within or under the control of the United States for a
civil or criminal law enforcement activity if the activity is authorized
by law, and if the head of the agency or instrumentality has made a
written request to the Department of Veterans Affairs specifying the
particular portion desired and the law enforcement activity for which
the record is sought;
(8) To a person pursuant to a showing of compelling circumstances
affecting the health or safety of an individual if upon such disclosure
notification is transmitted to the last known address of such
individual;
(9) To either House of Congress, or, to the extent of matter within
its jurisdiction, any committee or subcommittee thereof, any joint
committee of Congress or subcommittee of any such joint committee;
(10) To the Comptroller General, or any authorized representatives, in
the course of the performance of the duties of the General Accounting
Office; or
(11) Pursuant to the order of a court of competent jurisdiction.
(c) With respect to each system of records (i.e., a group of records
from which information is retrieved by the name of the individual or by
some identifying number, symbol, or other identifying particular
assigned to the individual) under Department of Veterans Affairs
control, the Department of Veterans Affairs will (except for disclosures
made under paragraph (b)(1) or (2) of this section) keep an accurate
accounting as follows:
(1) For each disclosure of a record to any person or to another agency
made under paragraph (b) of this section, maintain information
consisting of the date, nature, and purpose of each disclosure, and the
name and address of the person or agency to whom the disclosure is made;
(2) Retain the accounting made under paragraph (c)(1) of this section
for at least 5 years or the life of the record, whichever is longer,
after the disclosure for which the accounting is made;
(3) Except for disclosures made under paragraph (b)(7) of this
section, make the accounting under paragraph (c)(1) of this section
available to the individual named in the record at his or her request;
and
(4) Inform any person or other agency about any correction or notation
of dispute made by the agency in accordance with Sec. 1.579 of any
record that has been disclosed to the person or agency if an accounting
of the disclosure was made.
(d) For the purposes of Secs. 1.575 through 1.584, the parent of any
minor, or the legal guardian of any individual who has been declared
incompetent due to physical or mental incapacity or age by a court of
competent jurisdiction, may act on behalf of the individual.
(e) Section 552a(i), title 5, United States Code, provides that:
(1) Any officer or employee of the Veterans Administration, who by
virtue of his or her employment or official position, has possession of,
or access to, Department of Veterans Affairs records which contain
individually identifiable information the disclosure of which is
prohibited by 5 U.S.C. 552a or by Sec. 1.575 series established
thereunder, and who knowing that disclosure of the specific material is
so prohibited, willfully discloses the material in any manner to any
person or agency not entitled to receive it, shall be guilty of a
misdemeanor and fined not more than $5,000.
(2) Any officer or employee of the Department of Veterans Affairs who
willfully maintains a system of records without meeting the notice
requirements of 5 U.S.C. 552a(e)(4) (see Sec. 1.578(d)) shall be guilty
of a misdemeanor and fined not more than $5,000.
(3) Any person who knowingly and willfully requests or obtains any
record concerning an individual from the Veterans Administration under
false pretenses shall be guilty of a misdemeanor and fined not more than
$5,000.
(f) For purposes of Sec. 1.575 series the following definitions apply:
(1) The term agency includes any executive department, military
department, Government corporation, Government controlled corporation,
or other establishment in the executive branch of the government
(including the Executive Office of the President), or any independent
regulatory agency.
(2) The term individual means a citizen of the United States or an
alien lawfully admitted for permanent residence.
(3) The term maintain includes maintain, collect, use, or disseminate.
(4) The term record means any item, collection, or grouping of
information about an individual that is maintained by an agency,
including, but not limited to, his or her education, financial
transactions, medical history, and criminal or employment history and
that contains his or her name, or the identifying number, symbol, or
other identifying particular assigned to the individual, such as a
finger or voice print or a photograph.
(5) The term system of records means a group of any records under the
control of any agency from which information is retrieved by the name of
the individual or by some identifying number, symbol, or other
identifying particular assigned to the individual.
(6) The term statistical record means a record in a system of records
maintained for statistical research or reporting purposes only and not
used in whole or in part in making any determination about an
identifiable individual except as provided by section 8 of title 13,
United States Code.
(7) The term routine use means, with respect to the disclosure of a
record, the use of such record for a purpose which is compatible with
the purpose for which it was collected.
(g) When the Department of Veterans Affairs provides by a contract for
the operation by or on behalf of the Veterans Affairs of a system of
records to accomplish a Department of Veterans Affairs function, the
Department of Veterans Affairs will, consistent with its authority,
cause the requirements of 5 U.S.C. 552a (as required by subsection (m))
and those of the Sec. 1.575 series to be applied to such system. For the
purposes of 5 U.S.C. 552a(i) and Sec. 1.576(e) any such contractor and
any employee of such contractor, if such contract is agreed to on or
after September 27, 1975, will be considered to be an employee of the
Department of Veterans Affairs
(h) The Department of Veterans Affairs will, for the purposes of 5
U.S.C. 552a, consider that it maintains any agency record which it
deposits with the Administrator of General Services for storage,
processing, and servicing in accordance with section 3103 of title 44,
United States Code. Any such record will be considered subject to the
provisions of Sec. 1.575 series implementing 5 U.S.C. 552a and any other
applicable Department of Veterans Affairs regulations. The Administrator
of General Services is not authorized to disclose such a record except
to the Department of Veterans Affairs or under regulations established
by the Department of Veterans Affairs which are not inconsistent with 5
U.S.C. 552a.
(i) The Department of Veterans Affairs will, for the purposes of 5
U.S.C. 552a, consider that a record is maintained by the National
Archives of the United States if it pertains to an identifiable
individual and was transferred to the National Archives prior to
September 27, 1975, as a record which has sufficient historical or other
value to warrant its continued preservation by the United States
Government. Such records are not subject to the provisions of 5 U.S.C.
552a except that a statement generally describing such records (modeled
after the requirements relating to records subject to subsections
(e)(4)(A) through (G) of 5 U.S.C. 552a) will be published in the Federal
Register.
(j) The Department of Veterans Affairs will also, for the purposes of
5 U.S.C. 552a, consider that a record is maintained by the National
Archives of the United States if it pertains to an identifiable
individual and is transferred to the National Archives on or after
September 27, 1975, as a record which has sufficient historical or other
value to warrant its continued preservation by the United States
Government. Such records are exempt from the requirements of 5 U.S.C.
552a except subsections (e)(4) (A) through (G) and (e)(9) thereof.
(Authority: 38 U.S.C. 210(c))
[40 FR 33944, Aug. 12, 1975, as amended at 40 FR 58644, Dec. 18, 1975;
47 FR 16323, Apr. 16, 1982]
Sec. 1.577 Access to records.
(a) Except as otherwise provided by law or regulation any individual
upon request may gain access to his or her record or to any information
pertaining to him or her which is contained in any system of records
maintained by the Department of Veterans Affairs. The individual will be
permitted, and upon his or her request, a person of his or her own
choosing permitted to accompany him or her, to review the record and
have a copy made of all or any portion thereof in a form comprehensible
to him or her. The Department of Veterans Affairs will require, however,
a written statement from the individual authorizing discussion of that
individual's record in the accompanying person's presence.
(b) Any individual will be notified, upon request, if any Department
of Veterans Affairs system of records named contains a record pertaining
to him or her. Such request must be in writing, over the signature of
the requester. The request must contain a reasonable description of the
Department of Veterans Affairs system or systems of records involved, as
described at least annually by notice published in the Federal Register
describing the existence and character of the Department of Veterans
Affairs system or systems of records pursuant to Sec. 1.578(d). The
request should be made to the office concerned (having jurisdiction over
the system or systems of records involved) or, if not known, to the
Director or Veterans Services Officer in the nearest Department of
Veterans Affairs regional office, or to the Department of Veterans
Affairs Central Office, 810 Vermont Avenue, NW., Washington, DC 20420.
Personal contact should normally be made during the regular duty hours
of the office concerned, which are 8:00 a.m. to 4:30 p.m., Monday
through Friday for Department of Veterans Affairs Central Office and
most field stations. Identification of the individual requesting the
information will be required and will consist of the requester's name,
signature, address, and claim, insurance or other identifying file
number, if any, as a minimum. Additional identifying data or documents
may be required in specified categories as determined by operating
requirements and established and publicized by the promulgation of
Department of Veterans Affairs regulations. (5 U.S.C. 552a(f)(1)).
(c) The department or staff office having jurisdiction over the
records involved will establish appropriate disclosure procedures and
will notify the individual requesting disclosure of his or her record or
information pertaining to him or her of the time, place and conditions
under which the Department of Veterans Affairs will comply to the extent
permitted by law and Department of Veterans Affairs regulation. (5
U.S.C. 552a(f)(2)).
(d) Access to sensitive material in records, including medical and
psychological records, is subject to the following special procedures.
When an individual requests access to his or her records, the Department
of Veterans Affairs official responsible for administering those records
will review them and identify the presence of any sensitive records.
Sensitive records are those that contain information which may have a
serious adverse effect on the individual's mental or physical health if
they are disclosed to him or her. If, on review of the records, the
Department of Veterans Affairs official concludes that there are
sensitive records involved, the official will refer the records to a
Department of Veterans Affairs physician, other than a rating board
physician, for further review. If the physician who reviews the records
believes that disclosure of the information directly to the individual
could have an adverse effect on the physical or mental health of the
individual, the responsible Department of Veterans Affairs official will
then advise the requesting individual: (1) That the Department of
Veterans Affairs will disclose the sensitive records to a physician or
other professional person selected by the requesting individual for such
redisclosure as the professional person may believe is indicated, and
(2) in indicated cases, that the Department of Veterans Affairs will
arrange for the individual to report to a Department of Veterans Affairs
facility for a discussion of his or her records with a designated
Department of Veterans Affairs physician and for an explanation of what
is included in the records. Following such discussion, the records
should be disclosed to the individual; however, in those extraordinary
cases where a careful and conscientious explanation of the information
considered harmful in the record has been made by a Department of
Veterans Affairs physician and where it is still the physician's
professional medical opinion that physical access to the information
could be physically or mentally harmful to the patient, physical access
may be denied. Such a denial situation should be an unusual, very
infrequent occurrence. When denial of a request for direct physical
access is made, the responsible Department of Veterans Affairs official
will: (1) Promptly advise the individual making the request of the
denial; (2) state the reasons for the denial of the request (e.g., 5
U.S.C. 552a(f)(3), 38 U.S.C. 3301(b)(1)); and (3)
advise the requester that the denial may be appealed to the
Administrator of Veterans Affairs and of the procedure for such an
appeal. (5 U.S.C. 552a(f)(3))
(e) Nothing in 5 U.S.C. 552a, however, allows an individual access to
any information compiled in reasonable anticipation of civil action or
proceeding. (5 U.S.C. 552a(d)(5))
(f) Fees to be charged, if any, to any individual for making copies of
his or her record shall not include the cost of any search for and
review of the record, and will be as follows:
------------------------------------------------------------------------
Activity Fees
------------------------------------------------------------------------
(1) Duplication of documents by any $0.15 per page after first 100 one-
type of reproduction process to sided pages.
produce plain one-sided paper
copies of a standard size (8\1/2\"
x 11"; 8\1/2\" x 14"; 11" x 14").
(2) Duplication of non-paper Actual direct cost to the Agency as
records, such as microforms, defined in Sec. 1.555(a)(2) of
audiovisual materials (motion this part to the extent that it
pictures, slides, laser optical pertains to the cost of
disks, video tapes, audio tapes, duplication.
etc.), computer tapes and disks,
diskettes for personal computers,
and any other automated media
output.
(3) Duplication of document by any Actual direct cost to the Agency as
type of reproduction process not defined in Sec. 1.555(a)(2) of
covered by paragraphs (f)(1) or this part to the extent that it
(2) of this section to produce a pertains to the cost of
copy in a form reasonably usable duplication.
by the requester.
------------------------------------------------------------------------
Note.--Fees for any activities other than duplication by any type of
reproducing process will be assessed under the provisions of
Sec. 1.526(i) or (j) of this part of any other applicable law.)
(g) When VA benefit records, which are retrievable by name or individual
identifier of a VA beneficiary or applicant for VA benefits, are
requested by the individual to whom the record pertains, the duplication
fee for one complete set of such records will be waived.
[40 FR 33944, Aug. 12, 1975, as amended at 47 FR 16323, Apr. 16, 1982;
53 FR 10380, Mar. 31, 1988]
Sec. 1.578 Department of Veterans Affairs system of records
requirements.
(a) The Department of Veterans Affairs will maintain in its records
only such information about an individual as is relevant and necessary
to accomplish a purpose of the Department of Veterans Affairs required
to be accomplished by statute or Executive order of the President.
(b) The Department of Veterans Affairs will collect information to the
greatest extent practicable directly from the subject individual when
the information may result in adverse determinations about an
individual's rights, benefits, and privileges under Federal programs.
(c) The Department of Veterans Affairs will inform each individual
whom it asks to supply information, on the form which it uses to collect
the information or on a separate form that can be retained by the
individual, of:
(1) The authority (whether granted by statute or Executive order of
the President) which authorizes the solicitation of the information and
whether disclosure of such information is mandatory or voluntary;
(2) The principal purpose or purposes for which the information is
intended to be used;
(3) The routine uses which may be made of the information, as
published pursuant to paragraph (d)(4) of this section; and
(4) The effects on him or her, if any, of not providing all or any
part of the requested information.
(d) Subject to the provisions of paragraph (k) of this section, the
Department of Veterans Affairs will publish in the Federal Register at
least annually a notice of the existence and character of its system of
records. This notice will include:
(1) The name and location of the system or systems;
(2) The categories of individuals on whom records are maintained in
the system or systems;
(3) The categories of records maintained in the system or systems;
(4) Each routine use of the records contained in the system or
systems, including the categories of users and the purpose of such use;
(5) The policies and practices of the Veterans Administration
regarding storage, retrievability, access controls, retention, and
disposal of the records;
(6) The title and business address of the Department of Veterans
Affairs official or officials responsible for the system or systems of
records;
(7) The Department of Veterans Affairs procedures whereby an
individual can be notified at his or her request if the system or
systems of records contain a record pertaining to him or her;
(8) The Department of Veterans Affairs procedures whereby an
individual can be notified at his or her request how he or she can gain
access to any record pertaining to him or her contained in the system or
systems of records, and how he or she can contest its content; and
(9) The categories of sources of records in the system or systems.
(e) All records used by the Veterans Administration in making any
determination about any individual will be maintained with the accuracy,
relevance, timeliness, and completeness reasonably necessary to assure
fairness to the individual in the determination.
(f) Before disseminating any record about an individual to any person
other than an agency the Department of Veterans Affairs will make
reasonable efforts to assure that such records are accurate, complete,
timely, and relevant for Department of Veterans Affairs purposes unless
the dissemination is required pursuant to 5 U.S.C. 552.
(g) The Department of Veterans Affairs will maintain no record
describing how any individual exercises rights guaranteed by the First
Amendment unless expressly authorized by statute or by the individual
about whom the record is maintained or unless pertinent to and within
the scope of an authorized law enforcement activity.
(h) The Department of Veterans Affairs will make reasonable efforts to
serve notice on an individual when any record on such individual is made
available to any person under compulsory legal process when such process
becomes a matter of public record.
(i) The Department of Veterans Affairs will establish rules of conduct
for persons involved in the design, development, operation, or
maintenance of any system of records, or in maintaining any record. Each
such person will be instructed regarding such rules and the requirements
of 5 U.S.C. 552a. The instruction will include any other rules and
procedures adopted pursuant to 5 U.S.C. 552a, and the penalties it
provides for noncompliance.
(j) The Veterans Administration will establish appropriate
administrative, technical, and physical safeguards to insure the
security and confidentiality of records and to protect against any
anticipated threats or hazards to their security or integrity which
could result in substantial harm, embarrassment, inconvenience, or
unfairness to any individual on whom information is maintained.
(k) At least 30 days prior to the publication of a notice in the
Federal Register at least annually regarding the routine use of the
records contained in the Department of Veterans Affairs system or
systems of records including the categories of users and the purpose of
such use, pursuant to paragraph (d)(4) of this section, the Department
of Veterans Affairs will also:
(1) Publish a notice in the Federal Register of any new use or
intended use of the information in the system or systems; and
(2) Provide an opportunity for interested persons to submit written
data, views, or arguments to the Department of Veterans Affairs.
Sec. 1.579 Amendment of records.
(a) Any individual may request amendment of any Department of Veterans
Affairs record pertaining to him or her. Not later than 10 days
(excluding Saturdays, Sundays, and legal public holidays) after the date
or receipt of such request, the Department of Veterans Affairs will
acknowledge in writing such receipt. The Department of Veterans Affairs
will complete the review to amend or correct a record as soon as
reasonably possible, normally within 30 days from the receipt of the
request (excluding Saturdays, Sundays, and legal public holidays) unless
unusual circumstances preclude completing action within that time. The
Department of Veterans Affairs will promptly either:
(1) Correct any part thereof which the individual believes is not
accurate, relevant, timely or complete; or
(2) Inform the individual of the Department of Veterans Affairs
refusal to amend the record in accordance with his or her request, the
reason for the refusal, the procedures by which the individual may
request a review of that refusal by the Administrator or designee, and
the name and address of such official. (5 U.S.C. 552a(d)(2))
(b) The department or staff office having jurisdiction over the
records involved will establish procedures for reviewing a request from
an individual concerning the amendment of any record or information
pertaining to the individual, for making a determination on the request,
for an appeal within the Department of Veterans Affairs of an initial
adverse Department of Veterans Affairs determination, and for whatever
additional means may be necessary for each individual to be able to
exercise fully, his or her right under 5 U.S.C. 552a.
(1) Headquarters officials designated as responsible for the amendment
of records or information located in Central Office and under their
jurisdiction include, but are not limited to: Administrator; Deputy
Administrator, as well as other appropriate individuals responsible for
the conduct of business within the various Department of Veterans
Affairs Departments and Staff Offices. These officials will determine
and advise the requester of the identifying information required to
relate the request to the appropriate record, evaluate and grant or deny
requests to amend, review initial adverse determinations upon request,
and assist requesters desiring to amend or appeal initial adverse
determinations or learn further of the provisions for judicial review.
(2) The following field officials are designated as responsible for
the amendment of records or information located in facilities under
their jurisdiction, as appropriate: The Director of each Center,
Domiciliary, Medical Center, Outpatient Clinic, Regional Office, Supply
Depot, and District Counsels. These officials will function in the same
manner at field facilities as that specified in the preceding
subparagraph for headquarters officials in Central Office. (5 U.S.C.
552a(f)(4))
(c) Any individual who disagrees with the Department of Veterans
Affairs refusal to amend his or her record may request a review of such
refusal. The Department of Veterans Affairs will complete such review
not later than 30 days (excluding Saturdays, Sundays, and legal public
holidays) from the date on which the individual request such review and
make a final determination unless, for good cause shown, the
Administrator extends such 30-day period. If, after review, the
Administrator or designee also refuses to amend the record in accordance
with the request the individual will be advised of the right to file
with the Department of Veterans Affairs a concise statement setting
forth the reasons for his or her disagreement with the Department of
Veterans Affairs refusal and also advise of the provisions for judicial
review of the reviewing official's determination. (5 U.S.C.
552a(g)(1)(A))
(d) In any disclosure, containing information about which the
individual has filed a statement of disagreement, occurring after the
filing of the statement under paragraph (c) of this section, the
Department of Veterans Affairs will clearly note any part of the record
which is disputed and provide copies of the statement (and, if the
Department of Veterans Affairs deems it appropriate, copies of a concise
statement of the Department of Veterans Affairs reasons for not making
the amendments requested) to persons or other agencies to whom the
disputed record has been disclosed. (5 U.S.C. 552a(d)(4)).
[47 FR 16324, Apr. 16, 1982]
Sec. 1.580 Administrative review.
(a) Upon denial or a request under 38 CFR 1.577 or 1.579, the
responsible Department of Veterans Affairs official or designated
employee will inform the requester in writing of the denial, cite the
reason or reasons and the Department of Veterans Affairs regulations
upon which the denial is based, and advise that the denial may be
appealed to the Administrator.
(b) The final agency decision in such appeals will be made by the
Administrator or Deputy Administrator.
[40 FR 33944, Aug. 12, 1975, as amended at 47 FR 16324, Apr. 16, 1982]
Sec. 1.581 Judicial review.
Any person may file a complaint against the Department of Veterans
Affairs in the appropriate U.S. district court, as provided in 5 U.S.C.
552a(g), whenever the Department of Veterans Affairs
(a) Makes a determination under Sec. 1.577 not to amend an
individual's record in accordance with his or her request, or fails to
make such review in conformity with that section;
(b) Refuses to comply with an individual request under Sec. 1.577;
(c) Fails to maintain any record concerning any individual with such
accuracy, relevance, timeliness, and completeness as is necessary to
assure fairness in any determination relating to the qualifications,
character, rights, or opportunities of, or benefits to the individual
that may be made on the basis of such record, and consequently a
determination is made which is adverse to the individual; or
(d) Fails to comply under any other provision of 5 U.S.C. 552a, or any
VA regulation promulgated thereunder, in such a way as to have an
adverse effect on an individual.
Sec. 1.582 Exemptions.
(a) Certain systems of records maintained by the Department of
Veterans Affairs are exempted from provisions of the Privacy Act in
accordance with exemptions (j) and (k) of 5 U.S.C. 552a.
(b) Exemption of Inspector General Systems of Records. The Department
of Veterans Affairs provides limited access to Inspector General Systems
of Records as indicated.
(1) The following systems of records are exempted pursuant to the
provisions of 5 U.S.C. 552a(j)(2) from subsections (c)(3) and (4), (d),
(e)(1), (2) and (3), (e)(4) (G), (H) and (I), (e)(5) and (8), (f) and
(g) of 5 U.S.C. 552a; in addition, the following systems of records are
exempted pursuant to the provisions of 5 U.S.C. 552a(k)(2) from
subsections (c)(3), (d), (e)(1), (e)(4) (G), (H), and (I), and (f) of 5
U.S.C. 552a:
(i) Investigation Reports of Persons Allegedly Involved in
Irregularities Concerning VA and Federal Laws, Regulations, Programs,
etc.--VA (11 VA51); and
(ii) Inspector General Complaint Center Records--VA (66VA53).
(2) These exemptions apply to the extent that information in those
systems is subject to exemptions pursuant to 5 U.S.C. 552a (j)(2) and
(k)(2).
(3) For the reasons set forth, the systems of records listed under
paragraph (b)(1) of this section are exempted under section 552a(j)(2)
and (k)(2) from the following provisions of 5 U.S.C. 552a:
(i) 5 U.S.C. 552a(c)(3) requires that upon request, an agency must
give an individual named in a record an accounting which reflects the
disclosure of the record to other persons or agencies. This accounting
must state the date, nature and purpose of each disclosure of the record
and the name and address of the recipient. The application of this
provision would alert subjects to the existence of the investigation and
identify that such persons are subject of that investigation. Since
release of such information to subjects would provide them with
significant information concerning the nature of the investigation, it
could result in the altering or destruction of derivative evidence which
is obtained from third parties, improper influencing of witnesses, and
other activities that could impede or compromise the investigation.
(ii) 5 U.S.C. 552a(c)(4), (d), (e)(4) (G) and (H), (f) and (g) relate
to an individual's right to be notified of the existence of records
pertaining to such individual; requirements for identifying an
individual who requests access to records; the agency procedures
relating to access to records and the amendment of information contained
in such records; and the civil remedies available to the individual in
the event of adverse determinations by an agency concerning access to or
amendment of information contained in record systems. This system is
exempt from the foregoing provisions for the following reasons: To
notify an individual at the individual's request of the existence of
records in an investigative file pertaining to such individual or to
grant access to an investigative file could interfere with investigative
and enforcement proceedings, threaten the safety of individuals who have
cooperated with authorities, constitute an unwarranted invasion of
personal privacy of others, disclose the identity of confidential
sources, reveal confidential information supplied by these sources, and
disclose investigative techniques and procedures.
(iii) 5 U.S.C. 552a(e)(4)(I) requires the publication of the
categories of sources of records in each system of records. The
application of this provision could disclose investigative techniques
and procedures and cause sources to refrain from giving such information
because of fear of reprisal, or fear of breach of promises of anonymity
and confidentiality. This could compromise the ability to conduct
investigations and to identify, detect and apprehend violators. Even
though the agency has claimed an exemption from this particular
requirement, it still plans to generally identify the categories of
records and the sources for these records in this system. However, for
the reasons stated in paragraph (b)(3)(ii) of this section, this
exemption is still being cited in the event an individual wants to know
a specific source of information.
(iv) 5 U.S.C. 552a(e)(1) requires each agency to maintain in its
records only such information about an individual that is relevant and
necessary to accomplish a purpose of the agency required by statute or
executive order. These systems of records are exempt from the foregoing
provisions because:
(A) It is not possible to detect the relevance or necessity of
specific information in the early stages of a criminal or other
investigation.
(B) Relevance and necessity are questions of judgment and timing. What
appears relevant and necessary may ultimately be determined to be
unnecessary. It is only after the information is evaluated that the
relevance and necessity of such information can be established.
(C) In any investigation the Inspector General may obtain information
concerning the violations of laws other than those within the scope of
his/her jurisdiction. In the interest of effective law enforcement, the
Inspector General should retain this information as it may aid in
establishing patterns of criminal activity and provide leads for those
law enforcement agencies charged with enforcing other segments of civil
or criminal law.
(v) 5 U.S.C. 552a(e)(2) requires an agency to collect information to
the greatest extent practicable directly from the subject individual
when the information may result in adverse determinations about an
individual's rights, benefits, and privileges under Federal programs.
The application of this provision would impair investigations of illegal
acts, violations of the rules of conduct, merit system and any other
misconduct for the following reasons:
(A) In order to successfully verify a complaint, most information
about a complainant or an individual under investigation must be
obtained from third parties such as witnesses and informers. It is not
feasible to rely upon the subject of the investigation as a source for
information regarding his/her activities because of the subject's rights
against self-incrimination and because of the inherent unreliability of
the suspect's statements. Similarly, it is not always feasible to rely
upon the complainant as a source of information regarding his/her
involvement in an investigation.
(B) The subject of an investigation will be alerted to the existence
of an investigation if an attempt is made to obtain information from the
subject. This would afford the individual the opportunity to conceal any
criminal activities to avoid apprehension.
(vi) 5 U.S.C. 552a(e)(3) requires that an agency must inform the
subject of an investigation who is asked to supply information of:
(A) The authority under which the information is sought and whether
disclosure of the information is mandatory or voluntary;
(B) The purposes for which the information is intended to be used;
(C) The routine uses which may be made of the information; and
(D) The effects on the subject, if any, of not providing the requested
information. The reasons for exempting this system of records from the
foregoing provision are as follows:
(1) The disclosure to the subject of the purposes of the investigation
as stated in paragraph (b)(3)(vi)(B) of this section would provide the
subject with substantial information relating to the nature of the
investigation and could impede or compromise the investigation
(2) If the complainant or the subject were informed of the information
required by this provision, it could seriously interfere with undercover
activities requiring disclosure of the authority under which the
information is being requested. This could conceivably jeopardize
undercover agents' identities and impair their safety, as well as impair
the successful conclusion of the investigation.
(3) Individuals may be contacted during preliminary information
gathering in investigations before any individual is identified as the
subject of an investigation. Informing the individual of the matters
required by this provision would hinder or adversely affect any present
or subsequent investigations.
(vii) 5 U.S.C. 552a(e)(5) requires that records be maintained with
such accuracy, relevance, timeliness, and completeness as is reasonably
necessary to assure fairness to the individual in making any
determination about an individual. Since the law defines ``maintain'' to
include the collection of information, complying with this provision
would prevent the collection of any data not shown to be accurate,
relevant, timely, and complete at the moment of its collection. In
gathering information during the course of an investigation it is not
always possible to determine this prior to collection of the
information. Facts are first gathered and then placed into a logical
order which objectively proves or disproves criminal behavior on the
part of the suspect. Material which may seem unrelated, irrelevant,
incomplete, untimely, etc., may take on added meaning as an
investigation progresses. The restrictions in this provision could
interfere with the preparation of a complete investigative report.
(viii) 5 U.S.C. 552a(e)(8) requires an agency to make reasonable
efforts to serve notice on an individual when any record on such
individual is made available to any person under compulsory legal
process when such process becomes a matter of public record. The notice
requirement of this provision could prematurely reveal an ongoing
criminal investigation to the subject of the investigation.
(c) Exemption of Loan Guaranty Service, Department of Veterans
Benefits, Systems of Records. The Department of Veterans Affairs
provides limited access to Loan Guaranty Service, Department of Veterans
Benefits, systems of records as indicated:
(1) The following systems of records are exempted pursuant to the
provisions of 5 U.S.C. 552a(k)(2) from subsections (c)(3), (d), (e)(1)
and (e)(4) (G), (H) and (I) and (f):
(i) Loan Guaranty Fee Personnel and Program Participant Records--VA
(17VA26); and
(ii) Loan Guaranty Home Condominium and Mobile Home Loan Applicant
Records and Paraplegic Grant Application Records--VA (55VA26).
(2) These exemptions apply to the extent that information in these
systems is subject to exemption pursuant to 5 U.S.C. 552a(k)(2).
(3) For the reasons set forth, the systems of records listed under
paragraph (c)(1) of this section are exempted under 5 U.S.C. 552a(k)(2)
from the following provisions of 5 U.S.C. 552a:
(i) 5 U.S.C. 552a(c)(3) requires that an agency make accountings of
disclosures of records available to individuals named in the records at
their request. These accountings must state the date, nature and purpose
of each disclosure of the record and the name and address of the
recipient. The application of this provision would alert subjects of an
investigation to the existence of the investigation and that such
persons are subjects of that investigation. Since release of such
information to subjects of an investigation would provide the subjects
with significant information concerning the nature of the investigation,
it could result in the altering or destruction of documentary evidence,
improper influencing of witnesses and other activities that could impede
or compromise the investigation.
(ii) 5 U.S.C. 552a(d), (e)(4) (G) and (H) and (f) relate to an
individual's right to be notified of the existence of records pertaining
to such individual; requirements for identifying an individual who
requests access to records; and the agency procedures relating to access
to records and the contest of information contained in such records.
This system is exempt from the foregoing provisions for the following
reasons: To notify an individual at the individual's request of the
existence of records in an investigative file pertaining to such
individual or to grant access to an investigative file could interfere
with investigative and enforcement proceedings; constitute an
unwarranted invasion of the personal privacy of others; disclose the
identity of confidential sources and reveal confidential information
supplied by these sources and disclose investigative techniques and
procedures.
(iii) 5 U.S.C. 552a(e)(4)(I) requires the publication of the
categories of sources of records in each system of records. The
application of this provision could disclose investigative techniques
and procedures and cause sources to refrain from giving such information
because of fear of reprisal, or fear of breach of promises of anonymity
and confidentiality. This would compromise the ability to conduct
investigations. Even though the agency has claimed an exemption from
this particular requirement, it still plans to generally identify the
categories of records and the sources for these records in this system.
However, for the reasons stated above, this exemption is still being
cited in the event an individual wanted to know a specific source of
information.
(iv) 5 U.S.C. 552a(e)(1) requires each agency to maintain in its
records only such information about an individual that is relevant and
necessary to accomplish a purpose of the agency required by statute or
executive order. This system of records is exempt from the foregoing
provision because:
(A) It is not possible to detect relevance or necessity of specific
information in the early stages of an investigation.
(B) Relevance and necessity are questions of judgment and timing. What
appears relevant and necessary when collected may ultimately be
determined to be unnecessary. It is only after the information is
evaluated that the relevance and necessity of such information can be
established.
(C) In interviewing persons or obtaining other forms of evidence
during an investigation, information may be supplied to the investigator
which relates to matters incidental to the main purpose of the
investigation but which is appropriate in a thorough investigation.
Oftentimes, such information cannot readily be segregated.
(4) The following system of records is exempt pursuant to the
provisions of 5 U.S.C. 552a(k)(5) from subsections (c)(3), (d), (e)(1),
(e)(4) (G), (H) and (I) and (f): Loan Guaranty Fee Personnel and Program
Participant Records--VA (17 VA 26).
(5) This exemption applies to the extent that information in this
system is subject to exemption pursuant to 5 U.S.C. 552a(k)(5).
(6) For the reasons set forth, the system of records listed in
paragraph (c)(4) of this section is exempt under 5 U.S.C. 552a(k)(5)
from the following provisions of 5 U.S.C. 552a:
(i) 5 U.S.C. 552a(c)(3) requires that an agency make accountings of
disclosures of records available to individuals named in the records at
their request. These accountings must state the date, nature and purpose
of each disclosure of the record and the name and address of the
recipient. The application of this provision would alert subjects of
background suitability investigations to the existence of the
investigation and reveal that such persons are subjects of that
investigation. Since release of such information to subjects of an
investigation would provide the subjects with significant information
concerning the nature of the investigation, it could result in revealing
the identity of a confidential source.
(ii) 5 U.S.C. 552a(d), (e)(4) (G) and (H) and (f) relate to an
individual's right to be notified of the existence of records pertaining
to such individual; requirements for identifying an individual who
requests access to records; and the agency procedures relating to access
to records and the contest of information contained in such records.
This system is exempt from the foregoing provisions for the following
reasons: To notify an individual at the individual's request of the
existence of records in an investigative file pertaining to such an
individual or to grant access to an investigative file would disclose
the identity of confidential sources and reveal confidential information
supplied by these sources.
(iii) 5 U.S.C. 552a(e)(4)(I) requires the publication of the
categories of sources of records in each system of records. The
application of this provision could disclose sufficient information to
disclose the identity of a confidential source and cause sources to
refrain from giving such information because of fear of reprisal, or
fear of breach of promises of anonymity and confidentiality. This would
compromise the ability to conduct background suitability investigations.
(iv) 5 U.S.C. 552a(e)(1) requires each agency to maintain in its
records only such information about an individual that is relevant and
necessary to accomplish a purpose of the agency required by statute or
executive order. This system of records is exempt from the foregoing
provision because:
(A) It is not possible to detect relevance and necessity of specific
information from a confidential source in the early stages of an
investigation.
(B) Relevance and necessity are questions of judgment and timing. What
appears relevant and necessary when collected may ultimately be
determined to be unnecessary. It is only after the information is
evaluated that the relevance and necessity of such information can be
established regarding suitability for VA approval as a fee appraiser or
compliance inspector.
(C) In interviewing persons or obtaining other forms of evidence
during an investigation for suitability for VA approval, information may
be supplied to the investigator which relates to matters incidental to
the main purpose of the investigation but which is appropriate in a
thorough investigation. Oftentimes, such information cannot readily be
segregated and disclosure might jeopardize the identity of a
confidential source.
[48 FR 29647, Jun.29,1983]
Sec. 1.583 Mailing lists.
An individual's name and address may not be sold or rented by the
Department of Veterans Affairs unless such action is specifically
authorized by law. This section does not require the withholding of
names and addresses otherwise permitted to be made public. (See also
Secs. 1.518 and 1.519.)
Sec. 1.584 Reports.
(a) The Administrator or designee will provide adequate advance notice
to Congress and the Office of Management and Budget of any proposal to
establish or alter any Department of Veterans Affairs system or systems
of records, as required by 5 U.S.C. 552a(o). This will permit an
evaluation of the probable or potential effect of such proposal on the
privacy and other personal or property rights of individuals or the
disclosure of information relating to such individuals, and its effect
on the preservation of the constitutional principles of federalism and
separation of powers.
(b) If at any time a Department of Veterans Affairs system or systems
of records is determined to be exempt from the application of 5 U.S.C.
552a in accordance with the provisions of 5 U.S.C. 552a (j) and (k), the
number of records contained in such system or systems will be separately
listed and reported to the Office of Management and Budget in accordance
with the then prevailing guidelines and instructions of that agency.