[Privacy Act Issuances (2005)]
[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
04VA115 Blood Donor Information-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
23VA163 Non-VA Fee Basis Records-VA
24VA19 Patient Medical 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
33VA113 National Prosthetic Patient Database (NPPD)-VA
34VAl2 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
38VA21 Veterans and Beneficiaries Identification 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
43VA008 Veterans, Dependents of Veterans, and VA Beneficiary
Survey Records- VA
44VA01 Veterans Appellate Records System-VA
45VA21 Veterans Assistance Discharge System-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
54VA16 Health Administration Center Civilian Health and Medical
Program Records-VA
55VA26 Loan Guaranty Home, Condominium and Manufactured Home Loan
Applicant Records. Specially Adapted Housing Applicant Records and
Vendee Loan Applicant Records-VA.
57VA10C2 Voluntary Service Records-VA
58VA21/22 Compensation, Pension, Education, and Rehabilitation
Records-VA
60VA21 Repatriated American Prisoners of War-VA
63VA05 Grievance Records-VA
64VA15 Readjustment Counseling Program (RCS) Vet Center 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
69VA131 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
79VA19 Veterans Health Information Systems and Technology
Architecture (VistA) 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 Health Eligibility Records-VA
90VA194 Call Detail Records-VA-
92VA045 Electronic Document Management System (EDMS)-VA
93VA131 Gulf War Registery-VA
95VA00M Center for Minority Veterans Management Information
System-VA
97VA105 Consolidated Data Information System-VA
98VA104 Disaster Emergency Medical Personnel System -VA
100VA10NS10 Patient Representation Program Records-VA
101VA05 Professional Standards Board Action and Proficiency
Rating folder (Title 38)--VA.
102VA05 Agency-Initiated Personnel Actions (Title 38)-VA
103VA07B Police and Security Records-VA
105VA131 Agent Orange Registry--VA
106VA17 Compliance Records, Response, and Resolution of Reports
of Persons Allegedly Involved in Compliance Violations--VA
107VA008B Program Evaluation Research Data Records--VA.
108VA119 Spinal Cord Dysfunction-Registry (SCD-R)--VA
110VA10 Employee Incentive Scholarship Program (EISP)-VA
111VA95E Center for Acquisition and Material Management Education
Online (CAMEO).
113VA112 Telephone Care and Service Records-VA
114VA17 The Revenue Program--Billing and Collections Records-VA
114VA10 Education Eebt Reduction Program-VA
114VA16 The Revenue Program--Billing and Collections Records-VA.
116VA09 Alternative Dispute Resolution Tracking System-Va
120VA047 National Veterans Museum donation Records-VA
123VA00VE Centers for Veterans Enterprise (CVE) VA VetBiz Vendor
Information Pages-VA
128VA008A Shipboard Hazard and Defense Integrated Database-VA
130VA19 My HealtheVet Administrative Records-VA
131VA047 Purchase Credit Card Program-VA
132VA00VE VA VetBiz Assistance Program Pages-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 Regional 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 who have applied for accreditation, are
currently accredited or have been 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 been the subject of correspondence, investigations, or
proceedings relating to their fitness to represent claimants for
benefits before VA.
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
and 21, (Application for Accreditation as Service Organization
Representative) 21a. (Application for Accreditation as a Claims
Agent); (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 cancellation of
accreditation of representatives, claims agents, or attorneys, and
information concerning the placement of representatives, claims
agents, or attorneys on probation by VA or VA's issuance of a
reprimand to such an individual pertaining to conduct relating to
representation of claimants for benefits before VA; (10) information
concerning an 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 Office of General Counsel may disclose the name and
address of any prospective, present, or former accredited
representative, claims agent, or attorney, and any information
concerning such individual that relates to unlawful, unprofessional,
or unethical actions by that individual or to VA's denial,
cancellation, suspension or termination of an individual's VA
accreditation, or to both, where applicable, to employing entities
and State and Federal licensing organizations when such information
may be relevant to the initial or continued employment or licensing
of a prospective, present, or former accredited representative,
claims agent, or attorney by an employing entity or licensing
organization. VA will not disclose the names and home addresses of
veterans and their dependents to licensing organizations pursuant to
this routine use.
11. The Office of General Counsel may disclose the name and
address of any prospective, present, or former accredited
representative, claims agent, or attorney, and any information
concerning such individual that relates to unlawful, unprofessional,
or unethical actions by that individual or to VA's denial,
cancellation, suspension or termination of an individual's VA
accreditation, or to both, where applicable, to other Federal and
State agencies and to Federal courts when such information may be
relevant to the individual's provision of representational services
before such agency or court. VA will not disclose the names and home
addresses of veterans and their dependents pursuant to this routine
use.
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:
VA amintains and disposes of records in accordance with records
disposition authority approved by the Archivists of the United
States.
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:
Individual seeking copies of records under this system that
pertain to themselves, or seeking to amend such records, should make
those requests under the Privacy Act. Individuals seeking copies of
records pertaining to others should request them under the Freedom of
Information Act. All such requests should be in writing, over the
original, handwritten signature of the requester, and should be
mailed to: FOIA/PA Officer (026G), Office of General Counsel, 810
Vermont Ave., NW, Washington, DC 20420. 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.
04VA115
System name:
Blood Donor Information--VA.
System location:
Blood Donor records are maintained at each of the Department of
Veterans Affairs (VA) health care facilities. Addresses are listed in
VA Appendix I of the biennial publication of Privacy Act Issuances.
Categories of individuals covered by the system:
Individuals who have donated blood to a Veterans Health
Administration (VHA) health care facility, blood bank, government or
private agencies to be issued for patient care under routine or
emergency conditions.
Categories of records in the system:
Blood donor records contain sufficient information (i.e., donor
name, social security number, date of donation, type of donation,
type of components produced by the donation, mandated tests results,
and disposition of the blood or blood component) to provide a
mechanism to track a donated blood product from the time of donor
registration through the final disposition of each component prepared
from that donation. VA maintains a record of the individual to whom
the blood or blood component was transfused and the medical facility
where the product was transfused and/or stored.
Authority for maintenance of the system:
1. Title 38, United States Code, sections 501(a) and 501(b).
2. Title 21, Code of Federal Regulations, parts 200-299 and parts
600-680.
3. Title 42, Code of Federal Regulations, section 493.1107.
Purpose(s):
The information and records are used to track the donor medical
history, donation interval(s), results of donor testing, report
positive or abnormal test results, and blood and/or blood components
produced from the donation.
Routine uses of records maintained in the system, including
categories of users and the purposes of such uses:
VA may disclose protected health information pursuant to the
following routine uses where required by law, or required or
permitted by 45 CFR parts 160 and 164.
1. Disclosure may be made to answer requests for information from
Federal, State, local, and tribal medical facilities regarding the
source from which blood was received. Such requests may be initiated
by a qualified medical practitioner in the event that a donor's or
patient's medical condition warrants it.
2. Disclosure may be made of blood availability, location,
quantity on hand, and blood type for use by the area donor collection
coordinators to answer and fill requests from health care facilities
in need of type-specific blood.
3. VA may disclose on its own initiative any information in this
system, except the names and home addresses of veterans and their
dependents, which is relevant to a suspected or reasonably imminent
violation of law, whether civil, criminal or regulatory in nature and
whether arising by general or program statute or by regulation, rule
or order issued pursuant thereto, to a Federal, State, local, tribal,
or foreign agency charged with the responsibility of investigating or
prosecuting such violation, or charged with enforcing or implementing
the statute, regulation, rule or order. On its own initiative, VA may
also disclose the names and addresses of veterans and their
dependents to a Federal agency charged with the responsibility of
investigating or prosecuting civil, criminal or regulatory violations
of law, or charged with enforcing or implementing the statute,
regulation, rule or order issued pursuant thereto.
4. Disclosure from a system of records maintained by this
component may be made to a Congressional office from the record of an
individual in response to an inquiry from the Congressional office
made at the request of that individual.
5. A record from a system of records maintained by this component
may be disclosed as a routine use to the General Services
Administration for the purpose of records management inspections
conducted under authority of Title 44 United States Code.
6. A record from a system of records maintained by this component
may be disclosed as a routine use to the National Archives and
Records Administration for the purpose of records management
inspections conducted under authority of title 44 United States Code.
7. Disclosure of relevant information may be made to individuals,
organizations, private or public agencies, etc., with whom VA has a
contract or agreement to perform such services as VA may deem
practicable for the purposes of laws administered by VA, in order for
the contractor or subcontractor to perform the services of the
contract or agreement.
Policies and practices for storing, retrieving, accessing,
retaining, and disposing of records in the system:
Storage:
Paper documents, magnetic tape, disk.
Retrievability:
1. All VA blood donor manual records are indexed by name and
social security number of donor, cross-indexed by blood type.
2. Automated records are indexed by name, social security number,
blood type, antibodies and date of last donation.
Safeguards:
1. Access to VA working space and medical record storage areas is
restricted to VA employees on a ``need to know'' basis. Generally, VA
file areas are locked after normal duty hours and are protected from
outside access by the Federal Protective Service. 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.
2. Strict control measures are enforced to ensure that access to
and disclosure from all records including electronic files are
limited to VA employees whose official duties warrant access to those
files. The system recognizes authorized employees by a series of
individually-unique passwords/codes, and the employees are limited to
only that information in the file, which is needed in the performance
of their official duties.
Retention and disposal:
Records are maintained and disposed of in accordance with the
record disposition authority approved by the Archivist of the United
States, National Archives and Records Administration under the
National Archives Job No. N1-15-02-04.
System manager(s) and address:
Chief Consultant, Diagnostic Services, Strategic Healthcare Group
(SHG) (115), Department of Veterans Affairs, 810 Vermont Avenue, NW.,
Washington, DC 20420.
Notification procedure:
Individuals seeking information concerning the existence and/or
content of a blood donor information record pertaining to themselves
must submit a written request or apply in person to the VA health
care facility where the donation occurred. All inquiries must
reasonably identify the portion of the blood donor information record
desired and the approximate date(s) that service was provided.
Additionally, inquiries should include the individual's full name,
social security number, and home address at the time of medical
service, if known.
Record access procedures:
Blood donors, patients of VA medical care facilities or duly
authorized representatives seeking information regarding access to or
who are contesting VA health facility records may write, call or
visit the VHA 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. Non-VA Laboratories.
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.
Security classification:
Some of the material contained in the system has been classified
in the interests of national security pursuant to Executive Order
11652.
System location:
This system is located in the VA Office of Inspector General, 810
Vermont Avenue, NW., Washington, DC 20420. The database for the
system, known as the Master Case Index (MCI), is on a local area
network in the VA OIG building and is operated by the Office of
Management and Administration.
Categories of individuals covered by the system:
Individuals covered by the system are employees, veterans, and
third parties such as contractors who conduct official business with
VA.
Categories of records in the system:
Authority for maintenance of the system:
38 U.S.C. 210 (c) (i); Title 5, U.S.C., Appendix 1, section 7
(a).
Purpose(s):
The system serves as a basis for taking civil, criminal, and
administrative actions, including the issuance of subpoenas, security
clearances, suitability determinations, and similar authorized
activities.
Routine uses of records maintained in the system, including
categories of users and the purposes of such uses:
Records are used by VA officials and representatives of other
government agencies on a need-to-know basis in the performance of
their official duties and authorities set forth above and for the
following routine uses:
1. The record of an individual who is covered by this system may
be disclosed to a member 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 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 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 of 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 exposed 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 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. A record may be disclosed to any official charged with the
responsibility to conduct qualitative assessment reviews of internal
safeguards and management procedures employed in investigative
operations. This disclosure category includes members of the
President's Council on Integrity and Efficiency and officials and
administrative staff within their investigative chain of command, as
well as authorized officials of the Department of Justice and the
Federal Bureau of Investigation.
Policies and practices for storing, retrieving, accessing,
retaining, and disposing of records in the system:
Storage:
Records are maintained on paper in individual file folders, on
index cards, and on electronic media.
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 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 sent 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, 810 Vermont Avenue, NW., 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 in 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 Procedure:
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 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 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,
Public Law 95-452, mandates the Inspector General to recommend
policies for, and to conduct, supervise and coordinate activities in
the Department of Veterans Affairs and between the Department of
Veterans Affairs and other Federal, State and local governmental
agencies with respect to all matters relating to the prevention and
detection of fraud in programs and operations administered or
financed by the Department of Veterans Affairs 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 activities constituting non-criminal 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 non-
criminal violation types of activities.
Based upon the foregoing, the Department of Veterans Affairs
Secretary 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 Department of Veterans Affairs Secretary 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.
13. The names and addresses of debarred or suspended loan
guaranty program participants as well as the effective date and term
of the exclusion may be disclosed to the General Services
Administration to compile and maintain the ``Lists of Parties
Excluded from Federal Procurement or Nonprocurement Programs.''
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.
23VA163
System name:
Non-VA Fee Basis 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); Department of Veterans Affairs
Headquarters, 810 Vermont Ave, NW., Washington, DC; the VA Allocation
Resource Center, Braintree, Massachusetts; the VA Office of
Information Field Offices (OIFOs); the Veterans Benefits
Administration (VBA) Regional Directors and Division Offices; and the
Austin Automation Center (AAC) located in Austin, Texas. Address
locations for VA facilities are listed in VA Appendix 1 of the
biennial Privacy Act Issuances publication.
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, Chapter 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.
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.
Purpose(s):
The records or information are used for the purposes of reporting
health care provider earnings to the Internal Revenue Service;
producing various management and patient follow-up reports;
responding to patient and other inquiries; statistical analysis; for
resource allocation and planning; providing 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 Regional
Office (RO) staff; audits, reviews and investigations conducted by
staff of the health care facility, the VBA Regional Directors and
Division Offices, VA Headquarters, and the VA Office of Inspector
General (OIG); law enforcement investigations; and quality assurance
audits, reviews and investigations.
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. 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. The names and addresses of veteran
may only be disclosed:
a. 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.
b. 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.
2. 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 OIG's
authority under Pub. L. 95-452, section 4(a), to detect and prevent
fraud and abuse.
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 the Treasury Department to facilitate payments to
physicians, clinics, and pharmacies for reimbursement of services
rendered.
5. To the Treasury Department to facilitate payments to veterans
for reimbursements of travel expenses.
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 National Archives and Records
Administration (NARA), General Services Administration (GSA) in
records management inspections conducted under authority of 44 United
States Code.
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 non-
government entity which maintains records concerning individuals'
employment histories or concerning the issuance, retention or
revocation of licenses, certifications, or registration necessary to
practice an occupation, profession or specialty, in order for the
agency to obtain information relevant to an agency decision
concerning the hiring, retention or termination of an employee or to
inform a Federal agency or licensing boards or the appropriate non-
government entities about the health care practices of a terminated,
resigned or retired health care employee whose professional health
care activity so significantly failed to conform to generally
accepted standards of professional medical practice as to raise
reasonable concern for the health and safety of patients in the
private sector or from another Federal agency. These records may also
be disclosed as part of an ongoing computer matching program to
accomplish these purposes.
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: (a) Any payment for the
benefit of a physician, dentist, or other licensed health care
practitioner which was made as the result of a settlement or judgment
of a claim of medical malpractice if an appropriate determination is
made in accordance with agency policy that payment was related to
substandard care, professional incompetence or professional
misconduct on the part of the individual; (b) a final decision which
relates to possible incompetence or improper professional conduct
that adversely affects the clinical privileges of a physician or
dentist for a period longer than 30 days; or (c) the acceptance of
the surrender of clinical privileges or any restriction of such
privileges by a physician or dentist either while under investigation
by the health care entity relating to possible incompetence or
improper professional conduct, or in return for not conducting such
an investigation or proceeding. These records may also be disclosed
as part of a computer matching program to accomplish these purposes.
11. 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.
12. 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.
13. 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's 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).
14. Disclosure of relevant information may be made to
individuals, organizations, private or public agencies, etc., with
whom VA has a contract or agreement to perform such services as VA
may deem practicable for the purposes of laws administered by VA, in
order for the contractor or subcontractor to perform the services of
the contract or agreement.
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 AAC 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
Veterans Integrated Systems and Technology Architecture (VistA)
system, and, in most cases, copies of back-up computer files
maintained at off-site locations), VA Headquarters, the VA Allocation
Resource Center (ARC), the Regional Directors and Division Offices,
the OIFOs and the AAC. Reports generated from these records are
maintained on paper and microfiche at the health care facilities, VA
Headquarters, the Regional Directors and Division Offices, and the
AAC.
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 VistA and IHS computer rooms at health care
facilities is generally limited by appropriate locking devices and
restricted to authorized VA employees and vendor personnel.
Peripheral devices are generally placed in secure areas (areas that
are locked or have limited access) or are otherwise protected.
Information in the VistA 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 AAC and VistA 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 OIFOs, VBA
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 AAC 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, OIFOs, VA
Headquarters, 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 Headquarters, the VA ARC,
the OIFOs 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 OIFOs 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 VistA and IHS and VA AAC 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 years after the last episode of care. After the
third year of inactivity the paper records are transferred to a
records facility for seventy-two (72) more years of storage.
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, Health Administration Service (163), VA Headquarters,
810 Vermont Ave., NW., Washington, DC 20420.
Notification procedure:
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
of the biennial publication. 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.
24VA19
System name:
Patient Medical Records-VA.
System location:
Records are maintained at each VA health care facility (in most
cases, back-up information is stored at off-site locations).
Subsidiary record information is maintained at the various respective
services within the health care facility (e.g., Pharmacy, Fiscal,
Dietetic, Clinical Laboratory, Radiology, Social Work, Psychology,
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.
Address locations for VA facilities are listed in Appendix 1 of
the biennial publication of the VA Privacy Act Issuances. In
addition, information from these records or copies of these records
may be maintained at the Department of Veteran Affairs Central
Office, 810 Vermont, NW., Washington, DC 20420, VA National Data
Centers, in the VA Health Data Repository (HDR) [located at the VA
National Data Centers], VA Chief Information Office (CIO) Field
Offices, Veterans Integrated Service Networks, Regional and General
Counsel Offices.
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 members of their immediate
families.
2. Spouse, surviving spouse, and children of 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 resource
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 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:
(i) An administrative (non-clinical information) record (e.g.,
medical benefit application and eligibility information) including
information obtained from Veterans Benefits Administration automated
records such as the Veterans and Beneficiaries Identification and
Records Locator Subsystem-VA (38VA23) and the Compensation, Pension,
Education and Rehabilitation Records-VA (58VA21/22/28), and
correspondence about the individual;
(ii) A medical record (a cumulative account of sociological,
diagnostic, counseling, rehabilitation, drug and alcohol, dietetic,
medical, surgical, dental, psychological, and/or psychiatric
information compiled by VA professional staff and non-VA health care
providers), and
(iii) Subsidiary record information (e.g., tumor registry,
dental, pharmacy, nuclear medicine, clinical laboratory, radiology,
and patient scheduling information). 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 kin
and person to notify in an 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; information related to physical,
diagnostic, therapeutic, special examinations, clinical laboratory,
pathology and x-ray findings, operations, medical history,
medications prescribed and dispensed, treatment plan and progress,
consultations; photographs taken for identification and medical
treatment; education and research purposes; facility locations where
treatment is provided; observations and clinical impressions of
health care providers to include identity of providers and to
include, as appropriate, the present state of the patient's health,
an assessment of the patient's emotional, behavioral, and social
status, as well as an assessment of the patient's rehabilitation
potential and nursing care needs). Abstract information (e.g.,
environmental, epidemiological and treatment regimen registries,
etc.) is maintained in auxiliary paper and automated records.
Authority for maintenance of the system:
Title 38, United States Code, Section 501(b) and Section 304.
Purpose(s):
The paper and automated records may be used for such purposes as:
Ongoing treatment of the patient; documentation of treatment
provided; payment; health care operations such as producing various
management and patient follow-up reports; responding to patient and
other inquiries; for epidemiological research and other health care
related studies; statistical analysis, resource allocation and
planning; providing clinical and administrative support to patient
medical care; determining entitlement and eligibility for VA
benefits; processing and adjudicating benefit claims by Veterans
Benefits Administration Regional Office (VARO) staff; for audits,
reviews and investigations conducted by staff of the health care
facility, the networks, VA Central Office, and the VA Office of
Inspector General (OIG); sharing of health information between and
among Veterans Health Administration (VHA), Department of Defense
(DoD), Indian Health Services (IHS), and other government and private
industry health care organizations; law enforcement investigations;
quality assurance audits, reviews and investigations; personnel
management and evaluation; employee ratings and performance
evaluations, and employee disciplinary or other adverse action,
including discharge; advising health care professional licensing or
monitoring bodies or similar entities of activities of VA and former
VA health care personnel; accreditation of a facility by an entity
such as the Joint Commission on Accreditation of Healthcare
Organizations (JCAHO); and, notifying medical schools of medical
students' performance and billing.
Routine uses of records maintained in the system, including
categories of users and the purposes of such uses:
To the extent that records contained in the system include
information protected by 45 CFR Parts 160 and 164, i.e., individually
identifiable health information, and 38 U.S.C. 7332, i.e., medical
treatment information related to drug abuse, alcoholism or alcohol
abuse, sickle cell anemia or infection with the human
immunodeficiency virus, that information cannot be disclosed under a
routine use unless there is also specific statutory authority in 38
U.S.C. 7332 and regulatory authority in 45 CFR Parts 160 and 164
permitting disclosure.
1. Disclosure of health care information as deemed necessary and
proper to Federal, state and local government agencies and national
health organizations in order to assist in the development of
programs that will be beneficial to claimants, to protect their
rights under law, and assure that they are receiving all benefits to
which they are entitled.
2. Disclosure of health care information furnished and the period
of care, as deemed necessary and proper, to accredited service
organization representatives and other approved agents, attorneys,
and insurance companies to aid claimants whom they represent in the
preparation, presentation and prosecution of claims under laws
administered by VA, state or local agencies.
3. VA may disclose on its own initiative any information in this
system, except the names and home addresses of veterans and their
dependents, which is relevant to a suspected or reasonably imminent
violation of law, whether civil, criminal or regulatory in nature,
and whether arising by general or program statute or by regulation,
rule or order issued pursuant thereto, to a Federal, state, local,
tribal, or foreign agency charged with the responsibility of
investigating or prosecuting such violation, or charged with
enforcing or implementing the statute, regulation, rule or order. On
its own initiative, VA may also disclose the names and addresses of
veterans and their dependents to a Federal agency charged with the
responsibility of investigating or prosecuting civil, criminal or
regulatory violations of law, or charged with enforcing or
implementing the statute, regulation, rule or order issued pursuant
thereto.
4. A record from this system of records may be disclosed to a
Federal agency or the District of Columbia government, in response to
its request, in connection with the hiring or retention of an
employee and the issuance of a security clearance as required by law,
the reporting of an investigation of an employee, or the issuance of
a license, grant, or other benefit by the requesting agency, to the
extent that the information is relevant and necessary to the
requesting agency's decision.
5. Disclosure of individually-identifiable health care
information may be made by appropriate VA personnel to the extent
necessary and on a need-to-know basis, consistent with good medical-
ethical practices, to family members and/or the person(s) with whom
the patient has a meaningful relationship.
6. In response to an inquiry about a named individual from a
member of the general public, disclosure may be made to establish the
patient's presence (and location when needed for visitation purposes)
in a medical facility or to report the patient's general condition
while hospitalized (e.g., satisfactory, seriously ill).
7. Relevant information may be disclosed 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.
8. Relevant information may be disclosed to a guardian ad litem
in relation to his or her representation of a claimant in any legal
proceeding.
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. The name(s) and address(es) of present or former members of
the armed services and/or their dependents may be disclosed under
certain circumstances: (a) To any nonprofit organization if the
release is directly connected with the conduct of programs and the
utilization of benefits under Title 38, and (b) to any criminal or
civil law enforcement governmental agency or instrumentality charged
under applicable law with the protection of the public health or
safety, if a qualified representative of such organization, agency or
instrumentality has made a written request that such name(s) or
address(es) be provided for a purpose authorized by law; provided,
further, that the record(s) will not be used for any purpose other
than that stated in the request and that organization, agency or
instrumentality is aware of the penalty provision of 38 U.S.C. 5701
(f).
11. The nature of the patient's illness, probable prognosis,
estimated life expectancy and need for the presence of the related
service member may be disclosed to the American Red Cross for the
purpose of justifying emergency leave.
12. Any relevant information may be disclosed to attorneys,
insurance companies, employers, third parties liable or potentially
liable under health plan contracts, and to courts, boards, or
commissions, only to the extent necessary to aid VA in preparation,
presentation, and prosecution of claims authorized under Federal,
state, or local laws, and regulations promulgated thereunder.
13. Disclosure of health information, excluding name and home
address, (unless name and address is furnished by the requester) for
research purposes determined to be necessary and proper, to
epidemiological and other research entities approved by the Under
Secretary for Health.
14. In order to conduct Federal research necessary to accomplish
a statutory purpose of an agency, at the written request of the head
of the agency, or designee of the head of that agency, the name(s)
and address(es) of present or former personnel of the Armed Services
and/or their dependents may be disclosed (a) to a Federal department
or agency or (b) directly to a contractor of a Federal department or
agency. When a disclosure of this information is to be made directly
to the contractor, VA may impose applicable conditions on the
department, agency and/or contractor to insure the appropriateness of
the disclosure to the contractor.
15. 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.
16. Health care information may be disclosed by the examining VA
physician to a non-VA physician when that non-VA physician has
referred the individual to the VA for medical care.
17. Patient medical records may be disclosed 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.
18. Health care information concerning a non-judicially declared
incompetent patient may be disclosed to a third party upon the
written authorization of the patient's next of kin in order for the
patient or, consistent with the best interest of the patient, a
member of the patient's family, to receive a benefit to which the
patient or family member is entitled or, to arrange for the patient's
discharge from a VA medical facility. Sufficient information to make
an informed determination will be made available to such next of kin.
If the patient's next of kin are not reasonably accessible, the Chief
of Staff, Director, or designee of the custodial VA medical facility
may make disclosure of health care information for these purposes.
19. Disclosure may be made to a Federal agency or to a state or
local government licensing board and/or to the Federation of State
Medical Boards, or a similar non-government entity, which maintains
records concerning individuals' employment histories or concerning
the issuance, retention or revocation of licenses, certifications, or
registration necessary to practice an occupation, profession or
specialty, to inform a Federal agency or licensing boards or the
appropriate non-government entities about the health care practices
of a terminated, resigned or retired health care employee whose
professional health care activity so significantly failed to conform
to generally accepted standards of professional medical practice as
to raise reasonable concern for the health and safety of patients in
the private sector or from another Federal agency. These records may
also be disclosed as part of an ongoing computer matching program to
accomplish these purposes.
20. 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 shall
not re-disclose or use such information for a purpose other than that
for which the disclosure was made [(38 U.S.C. 7332 (b)(2)(C)]. The
disclosure of patient name and address under this routine use must
comply with the provisions of 38 U.S.C. 5701 (f)(2).
21. Information indicating that a patient or subject is infected
with the Human Immunodeficiency Virus (HIV) may be disclosed by a
physician or professional counselor to the spouse of the patient or
subject, or to an individual whom the patient or subject has a
meaningful relationship, 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 if 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.
22. Identifying information, 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/re-privileging of health care practitioners, and other
times as deemed necessary by VA, in order for VA to obtain
information relevant to a Department decision concerning the hiring,
privileging/re-privileging, retention or termination of the applicant
or employee.
23. Relevant information may be disclosed to the National
Practitioner Data Bank and/or State Licensing Board in the state(s)
in which a practitioner is licensed, in which the VA facility is
located, and/or in which an act or omission occurred upon which a
medical malpractice claim was based when VA reports information
concerning: (a) Any payment for the benefit of a physician, dentist,
or other licensed health care practitioner which was made as the
result of a settlement or judgment of a claim of medical malpractice,
if an appropriate determination is made in accordance with Department
policy that payment was related to substandard care, professional
incompetence or professional misconduct on the part of the
individual; (b) a final decision which relates to possible
incompetence or improper professional conduct that adversely affects
the clinical privileges of a physician or dentist for a period longer
than 30 days; or, (c) the 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.
24. Relevant health care information may be disclosed to a state
veterans home for the purpose of medical treatment and/or follow-up
at the state home when VA makes payment of a per diem rate to the
state home for the patient receiving care at such home, and the
patient receives VA medical care.
25. Relevant health care information may be disclosed to (a) a
Federal agency or non-VA health care provider or institution when VA
refers a patient for hospital or nursing home care or medical
services, or authorizes a patient to obtain non-VA medical services
and the information is needed by the Federal agency or non-VA
institution or provider to perform the services; or (b) a Federal
agency or a non-VA hospital (Federal, state and local, public or
private) or other medical installation having hospital facilities,
blood banks, or similar institutions, medical schools or clinics, or
other groups or individuals that have contracted or agreed to provide
medical services, or share the use of medical resources under the
provisions of 38 U.S.C 513, 7409, 8111, or 8153, when treatment is
rendered by VA under the terms of such contract or agreement or the
issuance of an authorization, and the information is needed for
purposes of medical treatment and/or follow-up, determining
entitlement to a benefit or, for VA to effect recovery of the costs
of the medical care.
26. For program review purposes and the seeking of accreditation
and/or certification, health care information may be disclosed to
survey teams of the Joint Commission on Accreditation of Healthcare
Organizations (JCAHO), College of American Pathologists, American
Association of Blood Banks, and similar national accrediting 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.
27. Relevant health care information may be disclosed to a non-VA
nursing home facility that is considering the patient for admission,
when information concerning the individual's medical care is needed
for the purpose of preadmission screening under 42 CFR 483.20(f), for
the purpose of identifying patients who are mentally ill or mentally
retarded, so they can be evaluated for appropriate placement.
28. Information from a named patient'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, or other facility with which there is
an affiliation, sharing agreement, contract, or similar arrangement
when the student or provider is enrolled at or employed by the school
or training institution, or other facility, and the information is
needed for personnel management, rating and/or evaluation purposes.
29. Relevant health care information may be disclosed to
individuals, organizations, private or public agencies, etc., with
whom VA has a contract or sharing agreement for the provision of
health care or administrative services.
30. Identifying information, including social security number, of
veterans, spouse(s) of veterans, and dependents of veterans, may be
disclosed to other Federal agencies for purposes of conducting
computer matches, to obtain information to determine or verify
eligibility of veterans who are receiving VA medical care under Title
38, U.S.C.
31. 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 (HHS), for the purpose of
conducting a computer match to obtain information to validate the
social security numbers maintained in VA records.
32. The patient name and relevant health care information
concerning an adverse drug reaction of a patient may be disclosed to
the Food and Drug Administration (FDA), HHS, for purposes of quality
of care management, including detection, treatment, monitoring,
reporting, analysis and follow-up actions relating to adverse drug
reactions.
33. Patient identifying information may be disclosed to Federal
agencies and VA and government-wide third-party insurers responsible
for payment of the cost of medical care for the identified patients,
in order for VA to seek recovery of the medical care costs. These
records may also be disclosed as part of a computer matching program
to accomplish these purposes.
34. Pursuant to 38 U.S.C. 7464, and notwithstanding sections 5701
and 7332, when requested by a VA employee or former VA employee (or a
representative of the employee) whose case is under consideration by
the 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.
35. Disclosure by a physician or professional counselor that a
patient is infected with Hepatitis C may be made to the spouse, the
person or subject with whom the patient has a meaningful relationship
with, or to an individual whom the patient or subject has identified
as being a sexual partner of the patient or subject.
36. Disclosure may be made to the Federal Labor Relations
Authority, including its General Counsel, when requested in
connection with investigation and resolution of allegations of unfair
labor practices, in connection with the resolution of exceptions to
arbitrator awards when a question of material fact is raised and
matters before the Federal Service Impasses Panel.
37. Disclosure may be made to officials of labor organizations
recognized under 5 U.S.C. chapter 71 when relevant and necessary to
their duties of exclusive representation concerning personnel
policies, practices, and matters affecting working conditions.
38. Disclosure may be made to officials of the Merit Systems
Protection Board, including the Office of the Special Counsel, when
requested in connection with appeals, special studies of the civil
service and other merit systems, review of rules and regulations,
investigation of alleged or possible prohibited personnel practices,
and such other functions promulgated in 5 U.S.C. 1205 and 1206, or as
may be authorized by law.
39. Disclosure may be made to the Equal Employment Opportunity
Commission when requested in connection with investigations of
alleged or possible discrimination practices, examination of Federal
affirmative employment programs, compliance with the Uniform
Guidelines of Employee Selection Procedures, or other functions
vested in the Commission by the President's Reorganization Plan No. 1
of 1978.
40. Relevant health care information may be disclosed to health
and welfare agencies, housing resources and utility companies,
possibly to be combined with disclosures to other agencies, in
situations where VA needs to act quickly in order to provide basic
and/or emergency needs for the veteran and veteran's family where the
family resides with the veteran or serves as a caregiver.
41. Disclosure of health care information may be made to funeral
directors or representatives of funeral homes in order to allow them
to make necessary arrangements prior to and in anticipation of a
veteran's impending death.
42. Disclosure of health care information may be made to the FDA,
or a person subject to the jurisdiction of the FDA, with respect to
FDA-regulated products for purposes of reporting adverse events,
product defects or problems, or biological product deviations;
tracking products; enabling product recalls, repairs, or replacement;
and/or conducting post marketing surveillance.
43. Disclosure of individually-identifiable health care
information may be made to a non-VA health care provider, such as DoD
or IHS, for the purpose of treating any VA patient, including
veterans.
44. Disclosure of information may be made to telephone company
operators acting in a capacity to facilitate phone calls to/for
hearing impaired individuals, such as veterans, veteran's family
members, non-VA providers, etc., using Telephone Devices for the
Hearing Impaired including Telecommunications Device for the Deaf
(TDD) or Text Telephones (TTY).
45. In compliance with 38 U.S.C. 5313B(d), VA may disclose
information to any Federal, state, local, tribal or foreign law
enforcement agency in order to report a known fugitive felon.
46. Relevant health care information, excluding medical treatment
information related to drug or alcohol abuse, infection with the
human immunodeficiency virus or sickle cell anemia, and the names and
home addresses of veterans and their dependents, may be disclosed by
VA employees who are designated requesters (individuals who have
completed a course offered or approved by an Organ Procurement
Organization), or their designee for the purpose of determining
suitability of a patient's organs or tissues for organ donation to an
Organ Procurement Organization, a designated requester that is a non-
VA employee, or their designees acting on behalf of local Organ
Procurement Organizations.
47. Relevant heath care information may be disclosed to DoD, or
its components, for individuals treated under 38 U.S.C. 8111A for the
purposes deemed necessary by appropriate military command authorities
to assure proper execution of the military mission.
Policies and practices for storing, retrieving, accessing,
retaining, and disposing of records in the system:
Storage:
Records are maintained on paper, microfilm, electronic media or
laser optical media in the consolidated health record at the health
care facility where care was rendered, in the VA Health Data
Repository, and at Federal Record Centers. In most cases, copies of
back-up computer files are maintained at off-site locations.
Subsidiary record information is maintained at the various respective
services within the health care facility (e.g., Pharmacy, Fiscal,
Dietetic, Clinical Laboratory, Radiology, Social Work, Psychology,
etc.) and by individuals, organizations, and/or agencies with whom VA
has a contract or agreement to perform such services, as the VA may
deem practicable.
Paper records are currently being relocated from Federal record
centers to the VA Records Center and Vault. It is projected that all
paper records will be stored at the VA Records Center and Vault by
the end of the calendar year 2004.
Retrievability:
Records are retrieved by name, social security number or other
assigned identifiers of the individuals on whom they are maintained.
Safeguards:
1. Access to working spaces and patient medical record storage
areas in VA health care facilities is restricted to authorized VA
employees. Generally, file areas are locked after normal duty hours.
Health care facilities are protected from outside access by the
Federal Protective Service and/or other security personnel. Access to
patient medical records is restricted to VA employees who have a need
for the information in the performance of their official duties.
Sensitive patient medical records, including employee patient medical
records, records of public figures, or other sensitive patient
medical records are generally stored in separate locked files or a
similar electronically controlled access environment. Strict control
measures are enforced to ensure that access to and disclosures from
these patient medical records are limited.
2. Access to computer rooms within health care facilities is
generally limited by appropriate locking devices and restricted to
authorized VA employees and vendor personnel. ADP peripheral devices
are generally placed in secure areas (areas that are locked or have
limited access) or are otherwise protected. Only authorized VA
employees or vendor employees may access information in the system.
Access to file information is controlled at two levels: the system
recognizes authorized employees by a series of individually unique
passwords/codes as a part of each data message, and the employees are
limited to only that information in the file that is needed in the
performance of their official duties. Information that is downloaded
and maintained on personal computers must be afforded similar storage
and access protections as the data that is maintained in the original
files. Access by remote data users such as Veteran Outreach Centers,
Veteran Service Officers (VSO) with power of attorney to assist with
claim processing, VBA Regional Office staff for benefit determination
and processing purposes, OIG staff conducting official audits or
investigations and other authorized individuals is controlled in the
same manner.
3. Access to the VA National Data Centers is generally restricted
to Center employees, custodial personnel, Federal Protective Service
and other security personnel. Access to computer rooms is restricted
to authorized operational personnel through electronic locking
devices. All other persons gaining access to computer rooms are
escorted. Information stored in the computer may be accessed by
authorized VA employees at remote locations including VA health care
facilities, VA Central Office, Veterans Integrated Service Networks
(VISNs), and OIG Central Office and field staff. Access is controlled
by individually unique passwords/codes that must be changed
periodically by the employee.
4. Access to the VA Health Data Repository (HDR), located at the
VA National Data Centers, is generally restricted to Center
employees, custodial personnel, Federal Protective Service and other
security personnel. Access to computer rooms is restricted to
authorized operational personnel through electronic locking devices.
All other persons gaining access to computer rooms are escorted.
Information stored in the computer may be accessed by authorized VA
employees at remote locations including VA health care facilities, VA
Central Office, VISNs, and OIG Central Office and field staff. Access
is controlled by individually unique passwords/codes that must be
changed periodically by the employee.
5. Access to records maintained at VA Central Office, the VA
Boston Development Center, Chief Information Office Field Offices,
and VISNs is restricted to VA employees who have a need for the
information in the performance of their official duties. Access to
information stored in electronic format is controlled by individually
unique passwords/codes. Records are maintained in manned rooms during
working hours. The facilities are protected from outside access
during non-working hours by the Federal Protective Service or other
security personnel.
6. Computer access authorizations, computer applications
available and used, information access attempts, frequency and time
of use are recorded.
Retention and disposal:
In accordance with the records disposition authority approved by
the Archivist of the United States, paper records and information
stored on electronic storage media are maintained for 75 years after
the last episode of patient care then destroyed/deleted.
System manager(s) and address:
Patient Medical Record: Director, Information Assurance (19F),
Department of Veterans Affairs, 810 Vermont Avenue, NW., Washington,
DC 20420.
Health Data Repository: Director, Health Data Systems (19-SL),
Department of Veterans Affairs, 295 Chipeta Way, Salt Lake City, UT
84108.
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 of the Biennial Publication
of Privacy Act Issuances. 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 procedure:
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; military service departments; health insurance
carriers; private medical facilities and health care professionals;
state and local agencies; other Federal agencies; VA Regional
Offices, Veterans Benefits Administration automated record systems
(including Veterans and Beneficiaries Identification and Records
Location Subsystem-VA (38VA23) and the Compensation, Pension,
Education and Rehabilitation Records-VA (58VA21/22/28); and various
automated systems providing clinical and managerial support at VA
health care facilities.
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. Information from this system of records may be disclosed in
response to legal processes, including interrogatories, served on the
Agency in connection with garnishment proceedings against current or
former VA employees under 5 U.S.C. 5520a.
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.
33. To disclose information to the Federal Labor Relations
Authority (including its General Counsel when requested in connection
with the investigation and resolution of allegations of unfair labor
practices, in connection with the resolution of exceptions to
arbitrator awards when a question of material fact is raised, in
connection with matters before the Federal Service Impasses Panel,
and to investigate representation petitions and conduct or supervise
representation elections.
34. VA may disclose information from this system of records to a
court administrative entity, or custodial parent of a child in order
to provide documentation of payroll deductions for child healthcare
insurance coverage in accordance with a court or administrative order
as required by 5 U.S.C. 8905(h), as enacted by Public Law 106-394 and
in accordance with the procedures stated in the applicable Office of
Personnel Management Benefits Administration and Payroll Office
Letters. VA may also disclose information from this system of redords
to healthcare insurance carriers in order to enroll employees and
their children in healthcare insurance plans in accordance with
Public Law 106-394.
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.
130VA19
System name:
My HealtheVet Administrative Records--VA.
System location:
Veterans Health Administration (VHA) local facilities and the
Austin Automation Center (AAC), 1615 Woodward Street, Austin, Texas
78772. Address locations for VA facilities are listed in VA Appendix
1 of the biennial publications of the VA systems of records.
Categories of individuals covered by the system:
Individuals covered encompass:
(1) All individuals who successfully register for a My HealtheVet
account;
(2) Representatives of the above individuals who have been
provided grantee or delegate access to My HealtheVet including, but
not limited to, family members, friends, or VA and non-VA health care
providers;
(3) VA health care providers; and
(4) VHA Information Technology (IT) staff and/or their
contractors and subcontractors who may need to enter identifying,
administrative information into the system to initiate, support and
maintain electronic services for My HealtheVet participants.
Categories of records in the system:
The records include personally identifiable information, such as
an individual's full name; My HealtheVet User Identifier (ID); date
of birth; social security number; e-mail address; telephone number;
mother's maiden name; ZIP code; place and date of registration for My
HealtheVet; delegate and grantee user IDs associated with My
HealtheVet accounts; level of access to My HealtheVet electronic
services; date and type of transaction; patient internal control
number (ICN); and other administrative data needed for My HealtheVet
roles and services.
Authority for maintenance of the system:
Title 38, United States Code, Section 501.
Purpose(s):
The information in the My HealtheVet Administrative Records is
needed to operate the My HealtheVet program, in particular, to
authenticate and register veterans, to authenticate and register
other appropriate individuals, to authenticate My HealtheVet
administrators, to retrieve the veteran's information for filling
prescription refill requests, provide users the ability to view
appointments and co-payment balances, to extract health information
from VistA, and provide other associated My HealtheVet electronic
services for future phases of the My HealtheVet program. The
administrative information may also be used to create administrative
business reports for system operators and VA managers who are
responsible for ensuring that the My HealtheVet system is meeting
performance expectations and is in compliance with applicable Federal
laws and regulations.
Routine uses of records maintained in the system, including
categories of users and the purposes of such uses:
1. Disclosure of information in this system of records may be
made to private or public sector organizations, individuals,
agencies, etc., with whom VA has a contract or agreement, including
subcontractors, in order to administer the My HealtheVet program, or
perform other such services as VA deems appropriate and practical for
the purposes of administering VA laws.
2. On its own initiative, VA may disclose information, except for
the names of My HealtheVet users and system administrators, to a
Federal, State, local, tribal or foreign agency charged with the
responsibility of investigating or prosecuting civil, criminal or
regulatory violations of law, or charged with enforcing or
implementing the statute, regulation, rule or order issued pursuant
thereto. On its own initiative, the VA may also disclose the names of
My HealtheVet users and system administrators to a Federal agency
charged with the responsibility of investigating or prosecuting
civil, criminal or regulatory violations of law, or charged with
enforcing or implementing the statute, regulation, rule or order
issued pursuant thereto.
3. Disclosure may be made to National Archives and Records
Administration (NARA) to support its records management inspections
responsibilities and its role as Archivist of the United States under
authority of Title 44 United States Code (U.S.C).
4. Any information in this system of records may be disclosed to
the United States Department of Justice or United States Attorneys in
order to prosecute or defend litigation involving or pertaining to
the United States, or in which the United States has an interest.
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.
Policies and practices for storing, retrieving, accessing,
retaining, and disposing of records in the system:
Storage:
These administrative records are maintained on paper and
electronic media, including hard drive disks, which are backed up to
tape at regular intervals.
Retrievability:
Records may be retrieved by an individual's name, user ID, date
of registration for My HealtheVet electronic services, ZIP code, the
VA-assigned ICN, date of birth and/or social security number, if
provided.
Safeguards:
1. Access to and use of the My HealtheVet Administrative Records
are limited to those persons whose official duties require such
access; VA has established security procedures to ensure that access
is appropriately limited. Information security officers and system
data stewards review and authorize data access requests. VA regulates
data access with security software that authenticates My HealtheVet
administrative users and requires individually unique codes and
passwords. VA provides information security training to all staff and
instructs staff on the responsibility each person has for
safeguarding data confidentiality. VA regularly updates security
standards and procedures that are applied to systems and individuals
supporting this program.
2. Physical access to computer rooms housing the My HealtheVet
Administrative Records is restricted to authorized staff and
protected by a variety of security devices. Unauthorized employees,
contractors, and other staff are not allowed in computer rooms. The
Federal Protective Service or other security personnel provide
physical security for the buildings housing computer systems and data
centers.
3. Data transmissions between operational systems and My
HealtheVet Administrative Records maintained by this system of
records are protected by telecommunications software and hardware as
prescribed by VA standards and practices. This includes firewalls,
encryption, and other security measures necessary to safeguard data
as it travels across the VA Wide Area Network.
4. Copies of back-up computer files are maintained at secure off-
site locations.
Retention and disposal:
Records are maintained and disposed of in accordance with the
records disposition authority approved by the Archivist of the United
States. Records from this system that are needed for audit purposes
will be disposed of 6 years after a user's account becomes inactive.
Routine records will be disposed of when the agency determines they
are no longer needed for administrative, legal, audit, or other
operational purposes. These retention and disposal statements are
pursuant to the National Archives and Records Administration (NARA)
General Records Schedules GRS 20, item 1c and GRS 24, item 6a.
System manager(s) and address:
Official responsible for policies and procedures: Deputy Chief
Information Officer for Health (19), Department of Veterans Affairs,
810 Vermont Avenue, NW., Washington, DC 20420. Officials maintaining
this system of record: The local VA facility (Address locations for
VA facilities are listed in VA Appendix 1 of the biennial
publications of the VA systems of records) and the Chief, Technical
Infrastructure Division (31), Austin Automation Center, 1615 Woodward
Street, Austin, Texas 78772.
Notification procedure:
Individuals who wish to determine whether a record is being
maintained under their name in this system or wish to determine the
contents of such records have two options:
1. Submit a written request or apply in person to the VA facility
where the records are located. VA facility location information can
be found in the Facilities Locator section of VA's Web site at http:/
/www.va.gov; or
2. Submit a written request or apply in person to the Chief of
the Technical Infrastructure Division (31), Austin Automation Center,
1615 Woodward Street, Austin, Texas 78772.
Inquiries should include the person's full name, User ID, date of
birth and return address.
RECORD ACCESS PROCEDURE:
Individuals seeking information regarding access to and
contesting of records in this system may write or call their local VA
facility and/or the Chief of the Technical Infrastructure Division
(31), Austin Automation Center, 1615 Woodward Street, Austin, Texas
78772. If making a call, dial (512) 326-6780 to reach the VA Austin
Automation Center Help Desk and ask to speak with the Chief of the
Technical Infrastructure Division.
Contesting record procedures:
(See Record Access Procedures above.)
Record source categories:
The sources of information for this system of records include the
individuals covered by this notice and an additional contributor, as
listed below:
(1) All individuals who successfully register for a My HealtheVet
account;
(2) Representatives of the above individuals who have been
provided access to the private health space by the veteran user,
including but not limited to, family members, friends, or VA and non-
VA health care providers;
(3) VA health care providers;
(4) VHA IT staff and/or their contractors and subcontractors who
may need to enter information into the system to initiate, support
and maintain My HealtheVet electronic services for My HealtheVet
users; and
(5) VistA systems.
33VA113
System name:
National Prosthetic Patient Database (NPPD)-VA.
System location:
Records are maintained in Department of Veterans Affairs (VA)
medical center databases. Extracts are maintained at the Austin
Automation Center (AAC), Austin, Texas, and Hines Information Service
Center, Hines, Illinois. VA health care facility address locations
are listed in VA Appendix I of the Biennial Privacy Act Issuances
publication.
Categories of individuals covered by the system:
Contracted fabricators of prosthetic and orthotic appliances;
vendors and manufacturers of durable medical equipment and sensory-
neural aids; medical supply companies; VA beneficiaries; and VA
employees.
Categories of records in the system:
VA field facility ordering the orthotic device; Patient
Identification Number; Health Care Financing Administration Common
Procedure Coding System (HCPCS); item purchased/issued to patient;
cost; quantity; type of issue (initial/replace/repair/spare); patient
eligibility category (service-connected, prisoner of war, aid and
attendance); responsible VA procurement officer or representative;
order creation date; order close/delivery date; calculated processing
days; transaction/purchase order number; type of form used to
purchase item (VAF 2421, PC2421, VAF 2529, VAF 2914, etc.); and
vendor/contractor name. All other patient information, i.e., name,
address, telephone number, can be retrieved by prosthetic program
officials in VA Central Office by using the unique Patient
Identification Number assigned to the patient in NPPD.
Authority for maintenance of the system:
Title 38, United States Code, Section 527.
Purpose(s):
The records or information in this system will be used to furnish
administrative and clinical statistical procurement and prescription
information, including total cost and summary of activity, including
equipment usage, data to VA and other health care providers, both
Federal and non-Federal, to aid in furthering the improvement of
health care, research and education.
Routine uses of records maintained in the system, including
categories of users and the purposes of such uses:
VA may disclose protected health information pursuant to the
following routine uses where required by law, or required or
permitted by 45 CFR Parts 160 and 164.
1. VA may disclose on its own initiative any information in this
system, except the names and home addresses of veterans and their
dependents, which is relevant to a suspected or reasonably imminent
violation of law, whether civil, criminal or regulatory in nature and
whether arising by general or program statute or by regulation, rule
or order issued pursuant thereto, to a Federal, State, local, tribal,
or foreign agency charged with the responsibility of investigating or
prosecuting such violation, or charged with enforcing or implementing
the statute, regulation, rule or order. On its own initiative, VA may
also disclose the names and addresses of veterans and their
dependents to a Federal agency charged with the responsibility of
investigating or prosecuting civil, criminal or regulatory violations
of law, or charged with enforcing or implementing the statute,
regulation, rule or order issued pursuant thereto.
2. To furnish administrative and clinical statistical procurement
and prescription information, including total cost and summary of
activity, including equipment usage, data to VA and other health care
providers, both Federal and non-Federal, to aid in furthering the
improvement of health care, research and education.
3. To provide statistical and other information in response to
legitimate and reasonable requests as approved by appropriate VA
authorities.
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 National Archives and Records
Administration (NARA) and General Services Administration (GSA) in
records management inspections conducted under authority of Title 44
United States Code.
Policies and practices for storing, retrieving, accessing,
retaining, and disposing of records in the system:
Storage:
Compact and magnetic disk.
Retrievability:
Indexed by Patient Identification Number for VA prosthetic
personnel.
Safeguards:
1. Access to VA working and storage areas is restricted to VA
employees on a ``need to know'' basis. Generally, VA file areas are
locked after normal duty hours and are protected from outside access
by the Federal Protective Service. Strict control measures are
enforced to ensure that disclosure is limited to a ``need to know''
basis. Physical access to the AAC is generally restricted to AAC
staff, Central Office employees, custodial personnel, Federal
Protective Service and authorized operational personnel through
electronic locking devices. All other persons gaining access to the
computer rooms are escorted.
2. Access to computer rooms at health care facilities is
generally limited by appropriate locking devices and restricted to
authorized VA employees and vendor personnel. Automated data
processing peripheral devices are placed in secure areas (areas that
are locked or have limited access) or are otherwise protected.
Information in the Veterans Health Information System and Technology
Architecture (VistA) may be accessed by authorized VA employees.
Access to file information is controlled at two levels; the systems
recognize authorized employees by a series of individually-unique
passwords/codes as a part of each data message, and the employees are
limited to only that information in the file which is needed in the
performance of their official duties. Access to information stored on
automated storage media at other VA locations is controlled by
individually-unique passwords/codes.
Retention and disposal:
Regardless of the record medium, records will be maintained and
disposed of in accordance with the record disposition authority
approved by the Archivist of the United States under National
Archives Job No. N1-15-01-4.
System manager(s) and address:
Chief Consultant, Prosthetic and Sensory Aids Service Strategic
Healthcare Group (113), Department of Veterans Affairs, 810 Vermont
Avenue, NW., 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 they
received the orthotic/prosthetic device/appliance/equipment. All
inquiries must reasonably identify the records involved and the
approximate date that medical care was provided. Inquiries should
include the individual's full name, and identifying characteristics.
Record access procedures:
Individuals seeking information regarding access to and
contesting of a VA prosthetic-related record may write, call, or
visit the VA facility where medical care was provided.
Contesting record procedures:
(See Record Access Procedures above.)
Record source categories:
VistA-VA (79VA19), Patient Medical Records-VA (24VA19), and
veterans' records.
34VA12
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 (VACO).
Address locations are listed in VA Appendix 1 of the biennial Privacy
Act Issuance publication. In addition, records are maintained at
contractor and fieldwork sites as studies are developed, data
collected and reports written. A list of locations where individually
identifiable data are currently located is available from the System
Manager.
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 VA, by a VA contractor or by
another Federal agency in conjunction with 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. VACO
records contain (4) a merit review of the project; and (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.
Invention records contain: a certification page, describing the
place, time, research support related to the invention and co-
inventors; Technology Transfer Program Invention Evaluation Sheet
Internal or External Invention Assessment reports; Research and
Development Information System (RDIS) reports on research support
related to the invention; Correspondence; and the Office of General
Counsel Letter of Determination.
Authority for maintenance of the system:
Title 38, United States Code, Section 7301.
Purpose(s):
The records and information may be used to determine eligibility
for research funding, to determine handling of intellectual
properties, and to manage proposed and/or approved research
endeavors.
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 National Archives and Records
Administration (NARA), General Services Administration (GSA) in
records management inspections conducted under authority of 44 United
States Code.
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 Under Secretary for
Health.
6. In order to conduct Federal research necessary to accomplish a
statutory purpose of an agency, at the written request of the head of
the agency, or designee of the head of that agency, the name(s) and
address(es) of present or former personnel of the Armed Services and/
or their dependents may be disclosed (a) to a Federal department or
agency or (b) directly to a contractor of a Federal department or
agency. When a disclosure of this information is to be made directly
to the contractor, VA may impose applicable conditions on the
department, agency and/or contractor to ensure 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 Health Administration (VHA)
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; VHA 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: (a) Any payment for the
benefit of a physician, dentist, or other licensed health care
practitioner which was made as the result of a settlement or judgment
of a claim of medical malpractice of an appropriate determination is
made in accordance with agency policy that payment was related to
substandard care, professional incompetence or professional
misconduct on the part of the individual; (b) a final decision which
relates to possible incompetence or improper professional conduct
that adversely affects the clinical privileges of a physician or
dentist for a period longer than 30 days; or, (c) the acceptance of
the surrender of clinical privileges or any restriction of such
privileges by a physician or dentist either while under investigation
by the health care entity relating to possible incompetence or
improper professional conduct, or in return for not conducting such
an investigation or proceeding. These records may also be disclosed
as part of a computer matching program to accomplish these purposes.
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.
13. Any information in this system may be disclosed to the
Department of Justice (DOJ), including U.S. Attorneys, upon its
official request in order for VA to respond to pleadings,
interrogatories, orders or inquiries from DOJ and to supply DOJ with
information to enable DOJ to represent the U.S. Government in any
phase of litigation or in any case or controversy involving VA.
14. Any invention information in this system may be disclosed to
affiliated intellectual property partners to aid in the possible use,
interest in, or ownership rights in VA intellectual property.
Policies and practices for storing, retrieving, accessing,
retaining, and disposing of records in the system:
Storage:
(1) Paper documents. (2) Microscope slides. (3) Magnetic tape or
disk. (4) Photographs. (5) 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 are locked after normal duty hours
and protected from outside access by the Federal Protective Service.
Employee file records and file records of public figures or otherwise
sensitive medical record files are stored in separate locked files.
Strict control measures are enforced to ensure that disclosure is
limited to a ``need to know'' basis. 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 75 years after the last activity of
care. At the end of a study, records maintained by a contractor are
returned to VA for appropriate disposition.
System manager(s) and address:
Director of Operations, Research and Development (12C),
Department of Veterans Affairs, 810 Vermont Ave, NW., Washington, DC
20420.
Notification procedure:
Interested persons should write to: Director of Operations,
Research and Development (12C), Department of Veterans Affairs, 810
Vermont Ave, NW., Washington, DC 20420. All inquiries must reasonably
identify the project and site location; date of project and team
leader.
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:
(1) Patients and patient records; (2) employees and volunteers;
(3) other Federal agencies; (4) National Institutes of Health; (5)
Centers for Disease Control (Atlanta, Georgia); (6) individual
veterans; (7) other VA systems of records; and, (8) 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.
38VA21
System name: Veterans and Beneficiaries Identification 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.
20. the power of attorney of a claimant for the VA benefits or
the information that a power of attorney has not been appointed by
the claimant may be disclosed from the Benefits Delivery Network to
any recognized veterans service organization even though the service
oprganization does not hold a current power of attorney for the
claimant.
Any information in this system of records may be disclosed to a
Federal agency for the purpose of conducting a computer matching
program (as defined in 5 U.S.C. 552a(a)(8)) in accordance with the
provision of 552a.
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, Compensation and Pension Service (21), 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.
43VA008
System name:
Veterans, Dependents of Veterans, and VA Beneficiary Survey
Records.
System location:
Computerized records will be maintained at the following computer
site locations: VA Austin Automation Center, 1615 Woodward Street,
Austin, Texas 78722; VA Central Office, 810 Vermont Avenue, NW,
Washington, DC 20420; or with private contractors acting as agents of
VA. Paper records are stored at the Washington National Records
Center (WNRC) or with private contractors acting as agents of 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:
The categories of records in the system may include:
1. Personal identifiers (respondents' names, addresses, phone
numbers, social security numbers, employer identification numbers);
2. Demographic and socioeconomic characteristics (e.g., date of
birth, sex, race/ethnicity, education, marital status, employment and
earnings, financial information, business ownership information);
3. Military service information;
4. Health status information (diagnostic, health care utilization
cost, and third-party health plan information); and
5. VA benefit information (VA medical and other benefit
eligibility and use, data on access and barriers to VA benefits of
services, data about satisfaction with VA benefits or services).
The records may also include information about DoD military
personnel from two categories of DoD files:
1. Utilization files that contain inpatient and outpatient
records, and
2. Eligibility files from DEERS which includes data about all
military personnel including those discharged from the armed services
since 1972.
The records may include information on Medicare beneficiaries
from HCFA databases:
1. Denominator file (identifies the population being studied);
2. Standard Analytical files (inpatient, outpatient, physician
supplier, nursing home, hospice, home care, durable medical
equipment); and
3. Group Health Plan.
Authority for maintenance of the system:
Under section 527 of Title 38 U.S.C. and the Government
Performance and Results Act of 1993, Public Law 103-62.
Purpose(s):
The purpose of this system of records is to collect data about
the characteristics of America's veteran population through surveys
that may be augmented with information from several existing VA
systems of records and with information from non-VA sources to:
1. Conduct statistical studies and analyses relevant to VA
programs and services for America's veterans.
2. Plan and improve services provided to America's veterans;
3. Decide about VA policies, programs, and services for veterans;
4. Study VA's role in the use of VA and non-VA benefits and
services by America's veterans; and
5. Study the relationship between the use of VA benefits and
services by veterans and their use of related benefits and services
from non-VA sources. These types of studies are needed for VA to
forecast future demand for VA benefits and services.
Routine uses of records maintained in the system, including
categories of users and the Purpose of Such Uses:
Information from this system of records may be disclosed in
accordance with the following routine uses:
1. Disclosure of identifying information such as names, social
security numbers, and demographic and utilization data may be made to
Federal agencies such as the DoD, DOC, and HHS to augment or validate
survey data for use in statistical studies such as describing VA's
role in total benefit coverage and forecasting future demand for VA
benefits or services.
2. Disclosure of identifying information such as the employer
identification number may be made to the DOC to receive summary
business data to study the growth of veteran-owned businesses by area
and industry.
3. Disclosure may be made to the NARA and the GSA for records
management inspections conducted under the authority of 44 U.S.C.
2904 and 2906.
4. Disclosure may be made to individuals, organizations, private
or public agencies, etc. with whom VA has a contract or agreement for
the contractor or subcontractor to perform the services of the
contract or agreement.
Policies and practices for storing, retrieving, accessing,
Retaining and Disposing of Records in the System Storage:
Electronic data are maintained on magnetic tape, disk, or laser
optical media. Records may also be stored on paper documents.
Retrievability:
Records may be retrieved by name, address, social security
number, date of birth, or a combination of identifiers that are
unique when used in combination.
Safeguard:
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 (ADP) files is controlled
by using an individual unique password entered in combination with an
individually unique user identification code.
3. Access to automated records containing identification codes
and codes used to access various VA automatic communications systems
and records systems, as well as security profiles and possible
security violations, is limited to designated automated systems
security personnel who need to know the information in order to
maintain and monitor the security of VA's automated communications
and veteran's claim records systems. Access to these records in
automated form is controlled by individually unique passwords/codes.
Agency personnel have access to the information on a need to know
basis when necessary to advise agency security personnel, 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.
5. Public use files prepared for purposes of research and
analysis are purged of personal identifiers.
6. Paper records, when they exist, are maintained in a locked
room at the WNRC. The Federal Protective Service protects paper
records from unauthorized access.
7. Both paper and electronic data maintained by contractors are
held in equally secure conditions.
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 and the NARA and published in Agency Records Control
Schedules.
System manager(s) and address:
Director, Department of Veterans Affairs, Program Analysis
Service (008A1), 810 Vermont Avenue, NW, Washington, DC 20420.
Notification procedure:
An individual who wants to determine whether the Director,
Program Analysis Service (008A1) is maintaining a record under the
individual's name or other personal identifier or wants to determine
the content of such records must submit a written request to the
Director, Program Analysis Service (008A1). The individual seeking
this information must prove his or her identity and provide the name
of the survey in question, approximate date of the survey, social
security number, full name, and date of birth
Record access procedures:
An individual who seeks access to records maintained under his or
her name or other personal identifier may write the System Manager
named above and specify the information being requested or contested.
Contesting record procedures:
(See Records Access Procedures.)
Record source categories:
Information in this system of records is obtained from survey
questionnaire data provided by veterans, dependents, or VA
beneficiaries in a survey sample and from veterans, dependents, or
beneficiaries on specific VA benefit rolls. Information may also be
obtained from the Patient Medical Records System (24VA136), the
Patient Fee Basis Medical and Pharmacy Records (23VA136); Veterans
and Beneficiaries Identification and Records Location Subsystem
(38VA23); Compensation, Pension, Education, and Rehabilitation
Records (58VA21/22); Health Care Eligibility Center Records (89VA19);
DoD utilization files and DEERS files; and HCFA Denominator file,
Standard Analytical files (inpatient, outpatient, physician supplier,
nursing home, hospice, home care, durable medical equipment) and
Group Health Plan.
44VA01
System name:
Veterans Appellate Records System-VA.
System location:
Board of Veterans' Appeals, Department of Veterans Affairs (VA),
Vermont Avenue, NW., Washington, DC 20420, at the Wilkes-Barre VA
facility, 100 North Wilkes-Barre Boulevard, Wilkes-Barre, PA 18702,
and with the Board's contractor, Promisel & Korn, Inc., 3228 Amberley
Lane, Fairfax, VA 22031.
Categories of individuals covered by the system:
Veterans, other appellants, Veterans Law Judges, Board staff
attorneys and Members of Congress.
Categories of records in the system:
The computer database entitled Veterans Appeals Control and
Locator System (VACOLS) is a part of this system and includes
electronically attached copies of Board of Veterans' Appeals
decisions, remands and development memoranda; personal information on
appellants and contesting parties including names, addresses,
identifying numbers, phone numbers, service dates and issues on
appeal; names, addresses and phone numbers of representatives, powers
of attorney and attorney fee agreements; information on and dates of
procedural steps taken in claims; records of and copies of
correspondence concerning appeals, diary entries, notations of mail
received, information requests; verbatim recordings and transcripts
of hearings; tracking information as to file location and custodian;
and employee productivity information. Material in this system that
is not maintained in VACOLS includes copies of written fee agreements
and documents relating to the filing and review of fee agreements
received prior to the Board's practice of electronically attaching
fee agreements and powers-of-attorney in VACOLS; microfiche decision
locator tables and indices to decisions from 1983 to 1994; and
microfiche reels with texts of decisions from 1977 to 1989.
Authority for maintenance of the system:
38 U.S.C. 7101(a), 7104, 5904.
Purpose(s):
Initial decisions on claims for Federal veterans' benefits are
made at VA field offices throughout the nation. Claimants may appeal
those decisions to the Board of Veterans' Appeals. See 38 U.S.C.
Chapter 71. The Board gathers or creates the records in this system
in order to carry out its appellate function, to statistically
evaluate the appellate process, to monitor attorney fee agreements,
and to evaluate employee performance.
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 in VA
facilities or at VA activities conducted in non-VA facilities.
2. VA may disclose on its own initiative any information in this
system, except the names and home addresses of veterans and their
dependents, which is relevant to a suspected or reasonably imminent
violation of law, whether civil, criminal or regulatory in nature and
whether arising by general or program statute or by regulation, rule
or order issued pursuant thereto, to a Federal, State, local, tribal,
or foreign agency charged with the responsibility of investigating or
prosecuting such violation, or charged with enforcing or implementing
the statute, regulation, rule or order. On its own initiative, VA may
also disclose the names and addresses of veterans and their
dependents to a Federal agency charged with the responsibility of
investigating or prosecuting civil, criminal or regulatory violations
of law, or charged with enforcing or implementing the statute,
regulation, rule or order issued pursuant thereto.
3. A record from this system of records may be disclosed to a
veteran, claimant or a third party claimant (e.g., a veteran's
survivors or dependents) to the extent necessary for the development
of that claimant's claim for VA benefits.
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 the National Archives and Records
Administration (NARA) in records management inspections conducted
under authority of Title 44 U.S.C.
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).
7. Where VA determines that there is good cause to question the
legality or ethical propriety of the conduct of a person or
organization prospectively, presently or formerly representing a
person in a matter before VA, a record from this system may be
disclosed, on VA's initiative, to any or all of the following: (1)
Applicable civil or criminal law enforcement authorities; (2) a
person or entity responsible for the licensing, supervision, or
professional discipline of the person or organization prospectively,
presently or formerly representing a person in a matter before VA;
(3) to other Federal and State agencies and to Federal courts when
such information may be relevant to the individual's or
organization's provision of representational services before such
agency or court. Names and home addresses of veterans and their
dependents will be released on VA's initiative under this routine use
only to Federal entities.
8. Disclosure may be made to the VA-appointed representative of
an employee, including all notices, determinations, decisions, or
other written communications issued to the employee in connection
with an examination ordered by VA under medical evaluation (formerly
fitness-for-duty) examination procedures or Department-filed
disability retirement procedures.
9. Disclosure may be made to officials of the Merit Systems
Protection Board, or the Office of the Special Counsel, or both, when
requested in connection with appeals, special studies of the civil
service and other merit systems, review of rules and regulations,
investigation of alleged or possible prohibited personnel practices,
and such other functions, promulgated in 5 U.S.C. 1205 and 1206, or
as may be authorized by law.
10. Disclosure may be made to the Equal Employment Opportunity
Commission when requested in connection with investigations of
alleged or possible discrimination practices, examination of Federal
affirmative employment programs, compliance with the Uniform
Guidelines of Employee Selection Procedures, or other functions
vested in the Commission by the President's Reorganization Plan No. 1
of 1978.
11. Disclosure may be made to the Federal Labor Relations
Authority, including its General Counsel, when requested in
connection with investigation and resolution of allegations of unfair
labor practices, in connection with the resolution of exceptions to
arbitrator awards when a question of material fact is raised and
matters before the Federal Service Impasses Panel.
12. Disclosure of attorney fee information may be made to the
United States Court of Appeals for Veterans Claims when an order of
the Board has been applied to that Court in accordance with the
provisions of 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. 7332. To the extent that
records contained in the system include information protected by 45
CFR parts 160 and 164, i.e., individually identifiable health
information, that information cannot be disclosed under a routine use
unless there is also specific regulatory authority in 45 CFR parts
160 and 164 permitting disclosure.
Policies and practices for storing, retrieving, accessing,
retaining, and disposing of records in the system:
Storage:
Information is kept in a computer database entitled Veterans
Appeals Control and Locator System (VACOLS) and backed up on computer
tape. Archived records that were created prior to expansion of the
BVA's electronic storage capability may be stored in filing folders
or cabinets, microfiche, computer disks, computer tape and magnetic
tape (hearings). Records in this system are essential to protecting
legal and financial rights of individual citizens and the government
and are maintained indefinitely as Category B Vital Records. Under
the Vital Records Schedule, electronic back-up tapes are updated
quarterly. A back-up tape is transferred weekly to the Board's
contractor for quick access back-up tape storage. Hearings before the
Board are recorded and stored digitally until a transcript has been
made. Transcripts are then electronically attached to the record in
VACOLS. Attorney fee agreements and related correspondence received
prior to the Board's practice of attaching this information in VACOLS
are kept in file folders. These files will be scanned into VACOLS, at
which time original documents will be forwarded for association with
the appropriate claims file. The now discontinued Briefface folders
are maintained at the Board according to provisions of General
Records Schedule 16, Item 7, for a minimum of 18 months.
Retrievability:
VACOLS records in this system may be retrieved by any searchable
field in the VACOLS database. This system notice covers only
information retrieved by an individual's name or other identifier.
Archived material from this system that is not in VACOLS may be
retrieved by veteran's name, VA file number, or BVA archive citation
number.
Safeguards:
Files are under custody of designated employees of the Department
of Veterans Affairs, including employees of the Board of Veterans'
Appeals and its contractor, all of who have a need to know the
contents of the system of records in order to perform their duties.
Access to VACOLS is strictly limited to reflect the need individual
employees have for the different records in the system. Where a VSO
office is located in a VA facility and has access to VACOLS through
the Wide Area Network (WAN), that access is strictly limited to
viewing records of current clients of the organization. No personal
identifiers are used in statistical and management reports, and
personal identifiers are removed from all archived BVA decisions and
other records in this system before VA makes them available to the
public. Files kept by the contractor are in a locked safe in locked
rooms in a secured building.
Retention and disposal:
Records in this system, in VACOLS and those collected prior to
VACOLS use as a repository, are retained indefinitely as Category B
Vital Records unless otherwise specifically noted. Under the Vital
Records Schedule, electronic back-up tapes are destroyed by erasure
upon receipt of the next quarterly tape set. Transcriptions of
recordings of hearings will be attached electronically in VACOLS.
Following procedures established in Rule 714, 38 CFR 20.714,
transcripts will become the official records of hearings and the
recordings will be destroyed through erasure after the hearing
subject has had the opportunity to challenge the accuracy of the
transcript. Briefface folders are shredded after 18 months as
described in General Records Schedule 16, Item 7.
System manager(s) and address:
Chairman (01), Board of Veterans' Appeals, 810 Vermont Avenue,
NW., Washington, DC 20420.
Notification Procedures:
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 procedures:
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) 565-9252.
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.
Systems exempted from certain provisions of the act:
None.
45VA21
System name: Veterans Assistance Discharge System-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, Compensation and Pension Service (21), VA Central
Office, 810 Vermont Avenue NW, 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.
54VA16
System name:
Health Administration Center Civilian Health and Medical Program
Records-VA.
System location:
Records are maintained at the Health Administration Center (HAC),
300 South Jackson Street, Denver, Colorado 80209.
Categories of individuals covered by the system:
Categories of individuals covered by the system include the
following:
1. Dependents of veterans who seek health care under 38, U.S.C.
1781, 1802 and 1803, 1813 and Pub. L. 103-446, section 107.
2. Veterans seeking health care services in a foreign country,
excluding services provided in Canada and the Philippines, under 38
U.S.C. 1724.
3. Veterans receiving community fee for service benefits at VA
expense under Title 38, U.S.C 1703, 1725 and 1728.
4. Health care providers treating individuals who receive care
under 38 U.S.C. 1724, 1781, 1803, 1813, and Pub.L. 103-446 section
107.
Categories of records in the system:
Records maintained in the system include medical benefit
application and eligibility information concerning the veteran and,
when applicable, their spouse and/or dependent(s), other health
insurance information, correspondence concerning individuals and
documents pertaining to claims for medical services, information
related to claims processing and third party liability recovery
actions taken by VA and/or TRICARE. The record may include the name,
address and other identifying information concerning health care
providers, services provided, amounts claimed and paid for health
care services, medical records, and treatment and payment dates.
Additional information may include veteran, spouse and/or dependent
identifying information (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, sections 501(a) and 501(b), 1703,
1724, 1725, 1728 1781, 1802 and 1803, 1813, and Pub. L. 103-446
section 107.
Purpose(s):
Records may be used for purposes of establishing and monitoring
eligibility to receive VA benefits and processing medical claims for
payment for eligible beneficiaries and veterans.
Routine uses of records maintained in the system, including
categories of users and the purposes of such uses:
VA may disclose protected health information pursuant to the
following routine uses where required by law, or required or
permitted by 45 CFR parts 160 and 164.
1. Eligibility and claim information from this system of records
may be disclosed verbally and in writing. For example, disclosure may
be made via correspondence, call service center or by interactive web
page, in response to an inquiry made by the claimant, claimant's
guardian, claimant's next of kin or person with whom the claimant has
a meaningful relationship, health care provider, trading partner or
contractor. Purposes of these disclosures are to assist the provider
or claimant in obtaining reimbursement for claimed medical services,
to facilitate billing processes, to verify beneficiary eligibility
for requested services, and to provide payment information regarding
claimed services. Eligibility or entitlement information disclosed
may include the name, authorization number (social security number),
effective dates of eligibility, reasons for any period of
ineligibility, and other health insurance information of the named
individual. Claim information disclosed may include payment
information such as payment identification number, date of payment,
date of service, amount billed, amount paid, name of payee, or
reasons for non-payment.
2. Statistical and other data may be disclosed to Federal, state,
and local government agencies and national health organizations to
assist in the development of programs that will be beneficial to
health care recipients, to protect their rights under the law, and to
ensure that they are receiving all health benefits to which they are
entitled.
3. VA may disclose on its own initiative any information in this
system, except the names and home addresses of veterans and their
dependents, which is relevant to a suspected or reasonably imminent
violation of law, whether civil, criminal or regulatory in nature and
whether arising by general or program statute or by regulation, rule
or order issued pursuant thereto, to a Federal, state, local, tribal,
or foreign agency charged with the responsibility of investigating or
prosecuting such violation, or charged with enforcing or implementing
the statute, regulation, rule or order. On its own initiative, VA may
also disclose the names and addresses of veterans and their
dependents to a Federal agency charged with the responsibility of
investigating or prosecuting civil, criminal or regulatory violations
of law, or charged with enforcing or implementing the statute,
regulation, rule or order issued pursuant thereto.
4. A record from this system of records may be disclosed to a
Federal agency upon its request for use in the issuance of a security
clearance, the investigation of an employee, the letting of a
contract, or the issuance of a license, grant or other benefit by the
requesting agency, to the extent that the information is relevant and
necessary to the requesting Agency's decision on the matter.
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 National Archives and Records
Administration (NARA), and the General Services Administration (GSA)
in records management inspections conducted under authority of title
44 United States Code.
7. Any relevant information in this system of records may be
disclosed to attorneys, insurance companies, employers, and to
courts, boards, or commissions; such disclosures may be made only to
the extent necessary to aid VA in preparation, presentation, and
prosecution of claims authorized under Federal, state, or local laws,
and regulations promulgated hereunder.
8. Any information in this system of records may be disclosed to
the United States Department of Justice or United States Attorneys in
order to prosecute or defend litigation involving or pertaining to
the United States, or in which the United States has an interest.
9. Any information in this system of records may be disclosed to
a Federal agency or party to an administrative proceeding being
conducted by a Federal agency, in order for VA to respond to and
comply with the issuance of an order by that Federal agency requiring
production of the information.
10. Any information in this system of records may be disclosed to
a state or municipal grand jury, a state or municipal court or a
party in litigation, or to a state or municipal administrative agency
functioning in a quasi-judicial capacity or a party to a proceeding
being conducted by such agency, provided that any disclosure of
claimant information made under this routine use must comply with the
provisions of 38 CFR 1.511.
11. Any information concerning the claimant's indebtedness to the
United States by virtue of a person's participation in a benefits
program administered by VA, including personal information obtained
from other Federal agencies through computer matching programs, may
be disclosed to any third party, except consumer reporting agencies,
in connection with any proceeding for the collection of any amount
owed to the United States. Purposes of these disclosures may be to
assist VA in collection of costs of services provided individuals not
entitled to such services and to initiate legal actions for
prosecuting individuals who willfully or fraudulently obtain Title 38
benefits without entitlement. This disclosure is consistent with 38
U.S.C. 5701(b)(6).
12. Any relevant information from this system of records may be
disclosed to TRICARE, the Department of Defense (DoD) and the Defense
Eligibility Enrollment Reporting System (DEERS) to the extent
necessary to determine eligibility for the Civilian Health and
Medical Program of the Department of Veterans Affairs (CHAMPVA) or
TRICARE benefits, to develop and process CHAMPVA or TRICARE claims,
and to develop cost-recovery actions for claims involving individuals
not eligible for the services or claims involving potential third-
party liability.
13. The name and address of a veteran or dependent, and other
information as is reasonably necessary to identify such individual,
may be disclosed to a consumer reporting agency for the purpose of
locating the individual or obtaining a consumer report to determine
the ability of the individual to repay an indebtedness to the United
States by virtue of the individual's participation in a benefits
program administered by VA, provided that the requirements of 38
U.S.C. 5701(g)(2) have been met.
14. The name and address of a veteran or dependent, and other
information as is reasonably necessary to identify such individual,
including personal information obtained from other Federal agencies
through computer matching programs, and any information concerning
the individual's indebtedness to the United States by virtue of the
individual's participation in a benefits program administered by VA,
may be disclosed to a consumer reporting agency for purposes of
assisting in the collection of such indebtedness, provided that the
requirements of 38 U.S.C. 5701(g)(4) have been met.
15. In response to an inquiry about a named individual from a
member of the general public, disclosure of information may be made
from this system of records to report the amount of VA monetary
benefits being received by the individual. This disclosure is
consistent with 38 U.S.C. 5701(c)(1).
16. The name and address of a veteran or dependent may be
disclosed to another Federal agency or to a contractor of that
agency, at the written request of the head of that agency or designee
of the head of that agency, for the purpose of conducting government
research necessary to accomplish a statutory purpose of that agency.
17. Any information in this system of records relevant to a claim
of a veteran or dependent, such as the name, address, the basis and
nature of a claim, amount of benefit payment information, medical
information and military service and active duty separation
information may be disclosed at the request of the claimant to
accredited service organizations, VA approved claim agents and
attorneys acting under a declaration of representation, so that these
individuals can aid claimants in the preparation, presentation and
prosecution of claims under the laws in the development and
presentation of claims for benefits administered by VA. The name and
address of a claimant will not, however, be disclosed to these
individuals under this routine use if the claimant has not requested
the assistance of the accredited service organization, claims agent
or an attorney.
18. Any information in this system, including medical
information, the basis and nature of claim, the amount of benefits
and personal information may be disclosed to a VA Federal fiduciary
or a guardian ad litem in relation to his or her representation of a
claimant only to the extent necessary to fulfill the duties of the VA
Federal fiduciary or the guardian ad litem.
19. The individual's name, address, social security number and
the amount (excluding interest) of any indebtedness which is waived
under 38 U.S.C. 3102, compromised under 4 CFR part 103, otherwise
forgiven, or for which the applicable statute of limitations for
enforcing collection has expired, may be disclosed to the Treasury
Department, Internal Revenue Service, as a report of income under 26
U.S.C. 61(a)(12).
20. The name of a veteran or dependent, other information as is
reasonably necessary to identify such individual, and any other
information concerning the individual's indebtedness by virtue of a
person's participation in a benefits program administered by VA, may
be disclosed to the Treasury Department, Internal Revenue Service,
for the collection of Title 38, U.S.C. benefit overpayments, overdue
indebtedness, and/or costs of services provided to an individual not
entitled to such services, by the withholding of all or a portion of
the person's Federal income tax refund.
21. The name, date of birth and social security number of a
veteran, spouse or dependent, and other identifying information as is
reasonably necessary may be disclosed to Social Security
Administration and Centers for Medicare & Medicaid Services,
Department of Health and Human Services, for the purpose of
validating social security numbers and Medicare information.
22. The name and address of any health care provider in this
system of records who has received payment for claimed services in
behalf of a veteran and beneficiary may be disclosed in response to
an inquiry from a member of the general public.
23. Relevant information from this system of records may be
disclosed to individuals, organizations, private or public agencies,
etc., with whom VA has a contract or agreement to perform such
services as VA may deem practicable for the purposes of laws
administered by VA in order for the contractor or subcontractor to
perform the services of the contract or agreement.
24. Relevant information from this system of records may be
disclosed to an accrediting Quality Review and Peer Review
Organization in connection with the review of claims or other review
activities associated with VA Health Administration Center
accreditation to professionally accepted claims processing standards.
Policies and practices for storing, retrieving, accessing,
retaining and disposing of records in the system:
Storage:
Records are stored electronically, in paper folders, magnetic
discs, and magnetic tape. Paper documents may be scanned/digitized
and stored for viewing electronically.
Retrievability:
Paper records are retrieved by name or VA claims file number or
social security number of the veteran sponsor. Computer records are
retrieved by name or social security number of the veteran sponsor,
spouse, and/or dependent, or VA claims file number of the veteran
sponsor.
Safeguards:
Working spaces and record storage areas at the HAC are secured
during all business and non-business hours. All entrance doors
require an electronic pass card for entry. The HAC Security Officer
issues electronic pass cards. HAC staff control visitor entry by door
release and escort. The building is equipped with an intrusion alarm
system monitored by HAC security staff during business hours and by a
security service vendor during non-business hours. Records are stored
in an electronic controlled storage filing area. Records in work
areas are stored in locked file cabinets or locked rooms. Access to
record storage areas is restricted to VA employees on a ``need-to-
know'' basis. Access to the computer room is generally limited by
appropriate locking devices and restricted to authorized VA employees
and vendor personnel. Automated Data Processing (ADP) peripheral
devices are generally placed in secure areas or are otherwise
protected. Authorized VA employees may access information in the
computer system by a series of individually unique passwords/codes.
Retention and disposal:
Records are maintained and disposed of in accordance with record
disposition authority approved by the Archivist of the United States.
Paper records that are scanned and digitized for viewing
electronically are destroyed after they have been scanned onto
optical disks, and the electronic copy determined to be an accurate
and complete copy of the paper record scanned.
System manager(s) and address:
Director, Business Office (16), Department of Veterans Affairs,
Veterans Health Administration, VA Central Office, 810 Vermont
Avenue, NW., Washington, DC 20420. Official Maintaining the System:
Director, Health Administration Center, Department of Veterans
Affairs, PO Box 65020, Denver, CO 80206-9020.
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 Director, VA Health Administration
Center, PO Box 65020, Denver, Colorado 80206-9020, or apply in person
to the Director, VA Health Administration Center, 300 South Jackson
Street, Denver, Colorado 80209. Inquiries should include the veteran
sponsor's full name and social security and VA claims file numbers,
and the spouse or dependent's name, social security number and return
address.
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, VA Health
Administration 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, electronic trading partners, contractors, DoD,
TRICARE, DEERS, other Federal agencies, VA Regional Offices, Veterans
Benefits Administration (VBA) automated record systems, and VA
Medical Centers.
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.
34. Any information in this system may be disclosed to an active
VA lender, lender's agent, mortgage broker, or otherprogram
participant in response to a request from that individual or entity
if that information is necessary in connection with the origination
of a VA-guaranteed Interest Rate Reduction Refinancing Loan (RRL). In
order to obtain to information under this routine use, the party
requesting the information must establish the fact that it is a
participant in the VA home loan program through the use of a VA
lender identification number. The requester must also provide the
veteran's name and social security number and the month and eyar of
the loan being refinanced or the 12-digit VA loan number.
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.
A VA-approved, active VA lender, lender's agent, mortgage broker,
or other program participant may botain access to the computerized VA
system maintaining this system of records for the purpose of learning
whether an applicant for a VA-guaranteed loan under the following
circumstances. The lender must log on to the system using the unique
10-digit lender identification number assigned by VA and a unique
password. The lender also must enter information identifying the
specific veteran for whom the IRRRL lender seeks information,
including the veteran's name, social security number and other
identifying information, such as the 12-digit loan number for the
veteran's current VA-guaranteed loan or the month and year of the
loan.
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.
57VA10C2
System name:
Voluntary Service Records--VA.
System location:
Paper and electronic records are maintained at each of the VA
health care facilities. Only electronic records are maintained at the
Austin Automation Center (AAC), Austin, Texas. Active records are
retained at the facility where the individual has volunteered to
assist the administrative and professional personnel and at the AAC.
Basic information for all inactive records is retained at the
facility where the volunteer worked.
Categories of individuals covered by the system:
All volunteers, regularly-scheduled and occasional, including
non-affiliated and members of voluntary service organizations; and
welfare, service, veterans, fraternal, religious, civic, industrial,
labor, and social groups or clubs which voluntarily offer the
services of their organizations and/or individuals to assist with the
provision of care to patients, either directly or indirectly, through
VA Voluntary Service under Title 38, United States Code, section 513.
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, VA regional office, or VA cemetery. These minimum
records include the volunteer's name, address, social security
number, date of birth, telephone number, next-of-kin information,
assignments worked, hours and years of service and last award
received. Information relating to the individual membership in
service organizations, qualifications, restrictions and preferences
of duty and availability to schedule time of service. Medical and
training records pertaining to the volunteer's service will also be
maintained for all active volunteers at the facility where the
volunteer works.
Authority for maintenance of the system:
Title 38, United States Code, section 513.
Purpose(s):
The records and information are used for tracking the number of
Regularly Scheduled (RS) Volunteers, Occasional Volunteers, and
student volunteers; to produce statistical and managerial reports on
the number of hours and visits of all volunteers each month; and to
present volunteers with certificates of appreciation for service.
Routine uses of records maintained in the system, including
categories of users and the purposes of such uses:
1. 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.
2. 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.
3. 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.
4. Volunteer records may be used to confirm volunteer service,
duty schedule, and assignments to service organizations, Bureau of
Unemployment, insurance firms, office of personnel of the
individual's full-time employment; to assist in the development of VA
history of the volunteer and his/her assignments; and to confirm
voluntary hours for on-the-job accidents, and for recognition awards.
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 the National Archives and Records
Service, General Services Administration, in records management
inspections conducted under authority of Title 44 United States Code.
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. Relevant information may be disclosed to individuals,
organizations, private or public agencies, etc., with whom VA has a
contract or agreement to perform such services as VA may deem
practicable for the purposes of laws administered by VA, in order for
the contractor or subcontractor to perform the services of the
contract or agreement. VA occasionally contracts out certain of its
functions when this would contribute to effective and efficient
operations.
Policies and practices for storing, retrieving, accessing,
retaining, and disposing of records in the system:
Storage:
Magnetic tapes of all active volunteers are maintained at the AAC
in Austin, Texas. The AAC only maintains data on active volunteers.
Paper documents for all active volunteers are maintained at the
individual VA facilities where the volunteer has donated time.
Computer files containing such basic information as the volunteer's
name, address, social security number, date of birth, telephone
number, next-of-kin information, assignments worked, hours and years
of service and last award received are retained for all volunteers,
either active or inactive, at the VA facility where the individual
currently volunteers or has volunteered.
Retrievability:
All volunteer records are retrieved by name, social security
number (SSN) or pseudo SSN.
Safeguards:
Physical Security:
1. Access to VA working space areas and the AAC is restricted to
VA employees on a ``need to know'' basis. Generally, VA file areas
and computer rooms are locked after normal duty hours and are
protected from outside access by the Federal Protective Service.
2. Strict control measures are enforced to ensure that access to
and disclosure from all records including electronic files stored in
the Volunteer Management System in VistA are limited to VAVS
employees whose official duties warrant access to those files. The
system recognizes authorized employees by a series of individually
unique passwords/codes and the employees are limited to only that
information in the file which is needed in the performance of their
official duties.
3. Any sensitive information that may be downloaded or printed to
hard copy format is provided the same level of security as the
electronic records. All paper documents and informal notations
containing sensitive data are shredded prior to disposal.
4. All new VAVS employees receive initial information security
training, and refresher training is provided to all employees on an
annual basis.
5. Access to the AAC is generally restricted to Center employees,
custodial personnel, Federal Protective Service and other security
personnel. Access to computer rooms is restricted to authorized
operational personnel through electronic locking devices. All other
persons gaining access to computer rooms are escorted. Information
stored in the computer may be accessed by authorized VA employees at
remote locations including VA health care facilities, Information
Systems Centers, VA Central Office, and Veterans Integrated Service
Networks. Access is controlled by individually unique passwords/codes
which must be changed periodically by the employee.
Retention and disposal:
The paper and electronic records will be maintained and disposed
of in accordance with the records disposition authority approved by
the National Archives and Records Administration (NARA).
System manager(s) and address:
Official responsible for policies and procedures: Director,
Voluntary Service Office (10C2), Department of Veterans Affairs, 810
Vermont Avenue, NW, Washington, DC 20420.
Official maintaining the system: National Automated Information
Systems Coordinator, VA Medical Center, 2907 Pleasant Valley Blvd.,
Altoona, Pennsylvania 16602-4377.
Notification procedure:
Individuals seeking information concerning the existence and
content of their service records 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, to
the VA facility, the portion of the volunteer's service record they
want information about and the approximate dates of service, in order
to receive that information. Inquiries should include the volunteer's
name, social security number or pseudo SSN, organization represented,
date of birth, and last address while serving as a volunteer to VA.
Record access procedure:
Volunteers, dependents, survivors or duly authorized
representatives seeking information regarding access to and
contesting of VAVS records may contact the Voluntary Service office
at the VA health care facility where the individual was a volunteer
worker.
Contesting record procedures:
(See Record Access Procedures above.)
Record source categories:
Information in this system of records may be provided by the
volunteer, the family of youth volunteers, civic and service
organizations, and the 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.
20. Representatives of individuals covered by the system.
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 501(a) and Chapters 11, 13,
15, 18, 23,30, 31, 32, 34, 35, 36, 39, 51, 53, 55.
Purpose(s):
Veterans, and their survivors and dependents, file claims for a
wide variety of Federal veteran's benefits administered by VA at VA
facilities located throoughout the nation. See the statutory
provisions cited in ''Authority for maintenance of the
system. Va gathers, or creates, these records in order to
enable it to administer these statutory benefits programs.
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).
62. Disclosure of tax returns and return information received
from the Internal Revenue Service may be made only as provided by 26
U.S.C. 6103 (an IRS confidentiality statute) also covering any IRS
tax return information provided as part of an ongoing computer
matching program.
63. Where VA determines that there is good cause to question the
legality or ethical propriety of the conduct of a person or
organization representing aperson in a matter before VA, a record
from this system may be disclosed, on VA's initiative, to any or all
of the following: (1) Applicable civil or criminal law enforcement
authorities and (2) a person or entity reponsible for the licensing,
supervision, or professional discipline of the person or organization
acting as representative. Name and home addresses of veterans and
their dependents will be released on VA's initiative under this
routine use only to Federal entities.
64. The name and address of a VA beneficiary, and other
information as is reasonably necessary to identify such beneficiary,
who has been adjudicated as incompetent under 38 CFR 3.353, may be
provided to the Attorney General of the United States or his/her
designee, for use by the Department of Justice in the National
Instant Criminal Background Check System (NICS) mandated by the Brady
Handgun Violence Prevention Act, Pub. L. 103-159.
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.
60VA21
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, Compensation and pension
Service (21), 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-VA.
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.
64VA15
System name:
Readjustment Counseling Service (RCS) Vet Center Program--VA.
System location:
(a) Counseling Folder: Maintained at each individual Vet Center
providing readjustment counseling throughout the country. The
locations of all Vet Centers providing readjustment counseling are
listed in VA Appendix 2 of the Biennial Privacy Act Issuances
publication.
(b) Client Information File: Certain information extracted from
the counseling folder is stored on stand-alone personal computers at
each Vet Center, each of the seven RCS regional managers' offices,
and the RCS national data coordinator's office.
Categories of individuals covered by the system:
Eligible veterans who request and/or are provided readjustment
counseling, including veterans' family members and/or other persons
of significant relationship to the veteran who are eligible.
Eligibility for readjustment counseling at Vet Centers includes any
veteran who served in the military in a theater of combat operations
during any period of war, or in any area during a period in which
armed hostilities occurred. Family members are also eligible for
readjustment counseling to the extent necessary to assist the
veteran.
Categories of records in the system:
(a) Counseling Folder: All written intake forms, applications,
progress notes and demographic and clinical documentation deemed
necessary to provide quality counseling and continuity of care by the
counselors and/or program officials. This would include all
information collected for the computerized database. (b) Client
Information File: Unique veteran identification number; social
security number; Vet Center team number; marital status; gender;
birth date; service dates; branch of service; veteran eligibility
information; theater of operation; service-connection; discharge;
referral source; visit information and treatment; and other
statistical information about services provided to that veteran.
Authority for maintenance of the system:
Title 38, United States Code, Section 1712A.
Purpose(s):
The purpose of this system of records is to collect and maintain
all demographic and clinical information required to conduct a
psychological assessment, to include a military history, and provide
quality readjustment counseling to assist veterans resolve war trauma
and improve their level of post-war functioning.
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 stand-alone personal computer
hard drives and any backup media.
Retrievability:
(a) Counseling Folder: Filed or indexed alphabetically by last
name or unique Client Number.
(b) Client Information File: Indexed by Vet Center Number in
conjunction with unique Client Number and social security 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. (b)
Client Information File: The computerized file is in a stand-alone
personal computer and access to records is for authorized Vet Center
personnel. Access is achieved on a need-to-know basis with a
password. Computer security is in compliance with RCS and VA computer
security policy and protocol. All computers are password protected
and stored inside the locked Vet Center.
Retention and disposal:
(a) Counseling Folder: The records will be retained at the Vet
Center for 50 years after the date of last activity. Destruction of
counseling folders will be by shredding.
(b) Client Information File: Maintained for the duration of the
program. Destruction will be by deleting all information on all Vet
Center, RCS regional manager's office, and the RCS national data
coordinator's office stand-alone personal computers containing the
program database.
System manager(s) and address:
Chief Readjustment Counseling Officer (15), VA Central Office,
810 Vermont Ave, NW., Washington, DC 20420.
Notification procedure:
A veteran who wishes to determine whether a record is being
maintained by the Readjustment Counseling Service Vet Center Program
under his or her name or other personal identifier or wishes to
determine the contents of such records should submit a written
request or apply in person to: (1) The Team Leader of the Vet Center,
or the RCS Regional Manager having supervisory responsibility for the
Vet Center, with whom he or she had contact, or (2) the Chief
Readjustment Counseling Officer (15), VA Central Office, 810 Vermont
Ave, NW, 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.
69VA131
System name:
Ionizing Radiation Registry--VA.
System location:
Character-based data from Ionizing Radiation Code Sheets are
maintained in a registry data set at the Austin Automation Center
(AAC), 1615 Woodward Street, Austin, Texas 78772. Since the data set
at the AAC is not all-inclusive, i.e., narratives, signatures, etc.,
noted on the code sheets are not entered into this system, images of
the code sheets are maintained at the Department of Veterans Affairs,
Environmental Agents Service (131), 810 Vermont Avenue, NW.,
Washington, DC 20420. These are electronic images of paper records,
i.e., code sheets, medical records, questionnaires and correspondence
that are stored on optical disks.
The secure web-based data entry system is maintained by the AAC
and provides retrievable images to users. The optical disk system is
currently being utilized where there is no access to the secure web-
based system. However, the optical disk system is scheduled to be
discontinued in 2004 and all access to the Ionizing Radiation
Registry (IRR) system will be through the secure web-based data entry
system.
Categories of individuals covered by this system:
Veterans who may have been exposed to ionizing radiation while on
active military duty and have had an IRR examination at a Department
of Veterans Affairs (VA) medical facility under conditions described
in Title 38 United States Code (U.S.C.) 1710(e)(1)(B) and 1720E.
These conditions include:
1. On-site participation in a test involving the atmospheric
detonation of a nuclear device at a nuclear device testing site--the
Pacific Island, e.g., Bikini, New Mexico, Nevada, etc. (whether or
not the testing nation was the United States);
2. Participation in the occupation of Hiroshima or Nagasaki,
Japan, from August 6, 1945, through July 1, 1946;
(a) Internment as a POW in Japan during World War II which the
Secretary of Veterans Affairs determines resulted in an opportunity
for exposure to ionizing radiation comparable to that of veterans
involved in the occupation of Hiroshima or Nagasaki, Japan;
3. Treatment with nasopharyngeal (NP) radium irradiation while in
the active military, naval or air service; and
4. Participated in radiation-risk activities at the:
(a) Department of Energy gaseous diffusion plants at Paducah, KY,
Portsmouth, OH, or K25 area at Oak Ridge, TN, for at least 250 days
before February 1, 1992;
(b) Underground nuclear tests at Amchitka Island, AK, before
January 1, 1974.
Categories of records in the system:
These records consist of code sheet records containing VA
facility code identifier where the veteran was examined or treated;
veteran's name; address; social security number; military service
serial number; claim number; date of birth; telephone number; sex;
report of birth defects among veteran's children or grandchildren;
dates of medical examinations; consultations; radiogenic related
diseases; and name and signature of examiner/physician coordinator.
In addition, there may be medical records with information
relating to the examination and/or treatment, including laboratory
findings on vision, hearing, blood tests, electrocardiograms, chest
x-rays, urinalysis, laboratory report displays, medical certificates
to support diagnosis; progress notes; military unit assignments;
questionnaires; correspondence relating to veteran's exposure
history; personal history, e.g., education, marital status,
occupational history, family history, complaints/symptoms; personal
medical history, habits, recreation, reproductive and family history,
physical measurements; military discharge records; and VA claims for
compensation.
Authority for maintenance of the system:
Title 38, United States Code (U.S.C.) 1710(e)(1)(B) and 1720E.
Purpose(s):
The records will be used for the purpose of providing information
about veterans who have had an IRR examination at a VA facility;
assisting in generating hypotheses for research studies; providing
management with the capability to track patient demographics, and
radiogenic related diseases; and planning and delivery of health care
services and associated costs. The records are used to assist in
generating hypotheses for research studies. Because of the self-
selected nature of the registry participants, i.e., the individuals
decide themselves to be part of the registry rather than being
``chosen'' in a scientific manner, this group cannot be used for
scientific research. However, the IRR may assist researchers by
providing clues or suggestions of specific health problems that then
form the basis for the design and conduct of specific scientific
studies.
Routine uses of records maintained in the system, including
categories of users and the purposes of such uses:
VA may disclose protected health information pursuant to the
following routine uses where required by law, or required or
permitted by 45 CFR parts 160 and 164.
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 VA.
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:
(a) To any nonprofit organization if the release is directly
connected with the conduct of programs and the utilization of
benefits under Title 38, and
(b) To any criminal or civil law enforcement governmental agency
or instrumentality charged under applicable law with the protection
of the public health or safety if a qualified representative of such
organization, agency or instrumentality has made a standing written
request that such name(s) or address(es) be provided for a purpose
authorized by law; provided, further, that the record(s) will not be
used for any purpose other than that stated in the request and that
the organization, agency or instrumentality is aware of the penalty
provision of 38 U.S.C. 5701(f).
4. Disclosure may be made to the National Archives and Records
Administration (NARA) in records management inspections conducted
under authority of Title 44 U.S.C.
5. Disclosure of information, excluding name and address (unless
name and address is furnished by the requestor) for research purposes
determined to be necessary and proper, to epidemiological and other
research facilities approved by the Under Secretary for Health.
6. In order to conduct Federal research necessary to accomplish a
statutory purpose of an agency, at the written request of the head of
the agency, or designee of the head of that agency, the name(s) and
address(es) of present or former personnel or the Armed Services and/
or their dependents may be disclosed
(a) To a Federal department or agency or
(b) Directly to a contractor of a Federal department or agency.
When a disclosure of this information is to be made directly to the
contractor, VA may impose applicable conditions on the department,
agency, and/or contractor to insure the appropriateness of the
disclosure to the contractor.
7. Any information in this system may be disclosed to a Federal
grand jury, a Federal court or a party in litigation, or a Federal
agency or party to an administrative proceeding being conducted by a
Federal agency, in order for VA to respond to and comply with the
issuance of a Federal subpoena.
8. Any information in this system may be disclosed to a state or
municipal grand jury, a state or municipal court or a party in a
litigation, or to a state or municipal administrative agency
functioning in a quasi-judicial capacity or a party to a proceeding
being conducted by such agency, in order for VA to respond to and
comply with the issuance of a state or municipal subpoena; provided,
that any disclosure or claimant information made under this routine
use must comply with the provisions of 38 CFR 1.511.
9. VA may disclose on its own initiative any information in this
system, except the names and home addresses of veterans and their
dependents, which is relevant to a suspected or reasonably imminent
violation of law, whether civil, criminal or regulatory in nature and
whether arising by general or program statute or by regulation, rule
or order issued pursuant thereto, to a Federal, State, local, tribal,
or foreign agency charged with the responsibility of investigating or
prosecuting such violation, or charged with enforcing or implementing
the statute, regulation, rule or order. On its own initiative, VA may
also disclose the names and addresses of veterans and their
dependents to a Federal agency charged with the responsibility of
investigating or prosecuting civil, criminal or regulatory violations
of law, or charged with enforcing or implementing the statute,
regulation, rule or order issued pursuant thereto.
10. For program review purposes and the seeking of accreditation
and/or certification, disclosure may be made to survey teams of the
Joint Commission on Accreditation of Healthcare Organizations
(JCAHO), College of American Pathologists, American Association of
Blood Banks, and similar national accreditation agencies or boards
with whom VA has a contract or agreement to conduct such reviews, but
only to the extent that the information is necessary and relevant to
the review.
Policies and practices for storing, retrieving, accessing,
retaining and disposing of records in the system:
Storage:
In 2003, the data collection process moved to a secure web-based
system. Data previously recorded manually and converted to electronic
format is now input through the secure VA Intranet system. Data is
stored on a web server hosted by the AAC and is retrievable by the
facility. Three levels of access are provided for the data that is
input, using password security linked to the AAC Top Secret Security
system, with mandated changes every 90 days. Data from individual
facilities is uploaded nightly and stored on Direct Access Storage
Devices at the AAC, Austin, Texas, and on optical disks at VA Central
Office, Washington, DC. AAC stores registry tapes for disaster back
up at an off-site location. VA Central Office also has back-up
optical disks stored off-site. In addition to electronic data,
registry reports are maintained on paper documents and microfiche.
The optical disk system is currently being utilized where there
is no access to the secure web-based system. The optical disk system
is scheduled to be discontinued in 2004 and all access to the IRR
system will be through the secure web-based data entry system.
Records will be maintained and disposed of in accordance with records
disposition authority approved by the Archivist of the United States.
Retrievability:
Documents are retrieved by name of veteran, social security
number and service serial number.
Safeguards:
Access to records at VA Central Office is only authorized to VA
personnel on a ``need to know'' basis. Records are maintained in
manned rooms during working hours. During non-working hours, there is
limited access to the building with visitor control by security
personnel. Registry data maintained at the AAC can only be updated by
authorized AAC personnel.
Data is securely located behind the VA firewall and only
accessible from the VA Local Area Network (LAN) through the VA
Intranet. Read access to the data is granted through a
telecommunications network to authorized VA Central Office personnel.
AAC reports are also accessible through a telecommunications network
on a read-only basis to the owner (VA facility) of the data. Access
is limited to authorized employees by individually unique access
codes which are changed periodically.
Physical access to the AAC is generally restricted to AAC staff,
VA Central Office, custodial personnel, Federal Protective Service
and authorized operational personnel through electronic locking
devices. All other persons gaining access to the computer rooms are
escorted. Backup records stored off-site for both the AAC and VA
Central Office are safeguarded in secured storage areas. A disaster
recovery plan is in place and system recovery is tested at an off-
site facility in accordance with established schedules.
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:
Program Chief for Clinical Matters, Office of Public Health and
Environmental Hazards (13) (for clinical issues) and Management/
Program Analyst, Environmental Agents Service (131) (for
administrative issues), VA Central Office, 810 Vermont Avenue, NW.,
Washington, DC 20420.
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 facility
where medical care was provided or submit a written request to the
Program Chief for Clinical Matters, Office of Public Health and
Environmental Hazards (13) or the Management/Program Analyst,
Environmental Agents Service (131), VA Central Office, 810 Vermont
Avenue, NW., Washington, DC 20420. Inquiries should include the
veteran's name, social security number, service serial number, and
return address.
Record access procedures:
An individual who seeks access to records maintained under his or
her name may write or visit the nearest VA facility or write to the
Program Chief for Clinical Matters, Office of Public Health and
Environmental Hazards (13) or the Management/Program Analyst,
Environmental Agents Service (131), VA Central Office, 810 Vermont
Avenue, NW., Washington, DC 20420.
Contesting records procedures:
Refer to previous item ``Record Access Procedures.''
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 Veterans
Benefits Administration, 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 Department of Veterans
Affairs (VA) Central Office, 810 Vermont Avenue, NW., Washington, DC
20420; VA field facilities; VA Austin Automation Center, 1615 East
Woodward Street, Austin, Texas 78772; VA Shared Service Center, 3401
SW 21st Street, Topeka, Kansas 66604; and offices of contractors or
subcontractors who may maintain these records. When VA determines
that portions of these records need to be maintained at different
locations or that copies of these records need to be maintained at
more than one location, e.g., at the Shared Service Center and
administrative offices closer to where employees actually work, such
records are covered by this system. Inactive records are retired to
the National Personnel Records Center, 111 Winnebago Street, St.
Louis, Missouri 63118. Records not considered long-term records, but
which may be retained in this system or elsewhere during employment,
and which are also included in this system, may be retained for a
period of time after the employee leaves service. However, such
records will be disposed of in accordance with the procedures for
retention and disposal outlined below. The phrase ``long-term''
record describes records that are filed on the right side of the
Merged Records Personnel Folder (MRPF) (Standard Form 66-C).
Note 1: It is not VA's intent to limit this system of records to
those records physically within the MRPF. Records may be filed in
other folders located in offices other than where the MRPF is
located, e.g., working files that supervisors or other agency
officials use that are derived from 76VA05 may be kept in a more
convenient location.
Categories of individuals covered by the system:
Current and former employees appointed under 38 U.S.C. 7306,
7401(1), 7401(3), and 38 U.S.C. 7405 except those appointed on a fee
or without compensation basis, and residents appointed under 38
U.S.C. 7406 whose stipends and fringe benefits are not centrally
administered under the provisions of 38 U.S.C. 7406(c). This includes
employees such as physicians, dentists, podiatrists, optometrists,
nurses, nurse anesthetists, physician assistants, expanded-function
dental auxiliaries, certified respiratory therapy technicians,
registered respiratory therapists, licensed physical therapists,
licensed practical or vocational nurses, occupational therapists, and
pharmacists. Current and former employees appointed under 38 U.S.C.
Chapter 78 to positions in the Veterans Canteen Service are covered
by this system.
Categories of records in the system:
All categories of records may include identifying information,
such as names(s), date of birth, home address, mailing address,
Social Security number, and telephone number(s). Records in this
system are:
a. Records reflecting work experience, licensure, credentials,
educational level achieved, and specialized education or training
occurring outside of Federal service.
b. Records reflecting Federal service and documenting work
experience, education, training, and/or awards received while
employed. Such records contain information about past and present
positions held; grades; salaries; duty station locations; and notices
of all personnel actions, such as appointments, transfers,
reassignments, details, promotions, demotions, staffing adjustments
or reductions-in-force, resignations, separations, suspensions,
removals, retirements, and approval of disability retirement
applications.
c. Records relating to an Intergovernmental Personnel Act
assignment or Federal-private sector exchange program.
d. Records regarding Government-sponsored training or
participation in employee development programs designed to broaden an
employee's work experiences or for the purposes of advancement.
e. Printouts of information from automated personnel systems,
e.g., information from the Personnel and Accounting Pay System-VA
(27VA047).
f. Records reflecting enrollment or declination of enrollment in
the Federal Employees' Group Life Insurance Program and Federal
Employees' Health Benefits Program as well as forms showing
designations of beneficiary.
g. Elections to participate in the Thrift Savings Plan, Notices
that Thrift Savings Plan Contributions cannot be made because a
financial hardship withdrawal has been issued and transcripts of
Thrift Savings Plan changes approved for use by the Federal
Retirement Thrift Investment Board.
h. Records relating to designations for lump-sum leave benefits.
i. Records relating to access to classified information and other
nondisclosure agreements.
j. Records related to certification of outside professional
activities prior to enactment of the Veterans Health Care Eligibility
Reform Act of 1996, Pub. L. 104-262, dated October 9, 1996.
Authority for maintenance of the system:
38 U.S.C. 501(a), 7304, 7406(c)(1), and 7802.
Purposes(s):
The personnel records in these files are the official repository
of the records, reports of personnel actions and the documents and
papers associated with these actions. The personnel action reports
and other documents give legal force and effect to personnel
transactions and establish employee rights and benefits under
pertinent laws and regulations governing Federal employment. They
provide the basic source of factual data about a person's Federal
employment while in the service and after his or her separation.
Records in this system have various uses, including screening
qualifications of employees; determining status, eligibility, and
rights and benefits under pertinent laws and regulations governing
Federal employment; computing length of service; and other
information needed to provide personnel services.
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 educational institutions about the
appointment of their recent graduates to VA positions. These
disclosures are made to enhance recruiting relationships between VA
and these institutions.
3. To provide college and university officials with information
about students who are working at VA to receive academic credit for
the experience.
4. To disclose to the following agencies information needed to
adjudicate retirement, insurance or health benefits claims:
Department of Labor, Social Security Administration, Department of
Defense, Federal agencies having special civilian employee retirement
programs, and state, county, municipal, or other publicly recognized
charitable or income security administration agencies (e.g., State
unemployment compensation agencies), when necessary to adjudicate a
claim under the retirement, insurance or health benefits programs of
the Office of Personnel Management or an agency cited above.
Information may also be disclosed to agencies to conduct an
analytical study or audit of benefits being paid under such programs.
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 Health Benefits Program, information necessary to
identify enrollment in a plan, to verify eligibility for payment of a
claim for health benefits, or to carry out the coordination or audit
of benefits provisions of such contracts.
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 disclose relevant information to third parties considering
VA employees for awards or recognition and to publicize information
about such awards or recognition. This may include disclosures to
public and private organizations, including news media, which grant
or publicize employee awards or honors.
9. To disclose information about incentive awards and other
awards or honors granted by VA. This may include disclosure to public
and private organizations, including news media, which publicize such
recognition.
10. To disclose the information listed in 5 U.S.C. 7114(b)(4) to
officials of labor organizations recognized under 5 U.S.C. Chapter 71
when relevant and necessary to their duties of exclusive
representation concerning personnel policies, practices, and matters
affecting working conditions.
11. VA may, on its own initiative, disclose relevant information
to a Federal agency (including Offices of the Inspector General),
State, or local agency responsible for investigating, prosecuting,
enforcing, or implementing a statute, rule, regulation if there is
reason to believe that a violation may have occurred. This routine
use does not authorize disclosures in response to requests for
information for civil or criminal law enforcement activity purposes,
nor does it authorize disclosure of information in response to court
orders. Such requests must meet the requirements of 5 U.S.C.
552a(b)(7) or (b)(11), as applicable.
12. To disclose pertinent 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 benefit.
14. To disclose to an agency in the executive, legislative, or
judicial branch, or the District of Columbia's Government in response
to its request, or at the initiation of VA, information in connection
with the hiring of an employee, the issuance of a security clearance,
the conducting of a security or suitability investigation of an
individual, the letting of a contract, the issuance of a license,
grant or other benefit by the requesting agency, or the lawful
statutory or administrative purpose of the agency to the extent that
the information is relevant and necessary to the requesting agency's
decision.
15. To disclose relevant information to Federal and non-Federal
agencies (i.e., State or local governments), and private sector
organizations, boards, bureaus, or commissions (e.g., the Joint
Commission on Accreditation of Healthcare Organizations) when such
disclosures are required to obtain accreditation or other approval
ratings.
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
records of an individual in response to an inquiry from the
congressional office made at the request of the individual.
18. VA may, on its own initiative, disclose information to
another Federal agency, court, or party in litigation before a court
or other administrative proceeding conducted by a Federal agency, if
VA is a party to the proceeding and VA needs to disclose such
information to protect its interests.
19. To disclose information to the National Archives and Records
Administration (NARA) for records management inspections conducted
under authority of 44 U.S.C. 2904 and 2906.
20. To disclose to persons engaged in research and survey
projects information necessary to locate individuals for personnel
research or survey response, and to produce summary descriptive
statistics and analytical studies in support of the function for
which the records are collected and maintained, or for related
workforce studies. While published statistics and studies do not
contain individual identifiers, in some instances, the selection of
elements of data included in the study may be structured in such a
way as to make the data individually identifiable by inference.
21. To provide an official of another Federal agency information
needed in the performance of official duties related to reconciling
or reconstructing data files in support of the functions for which
the records were collected and maintained.
22. When an individual to whom records pertain is mentally
incompetent or under other legal disability, information in the
individual's records may be disclosed to any person or entity
responsible for managing the individual finances to the extent
necessary to ensure payment of benefits to which the individual is
entitled.
23. To disclose to the Department of Defense specific civil
service employment information required under law on individuals
identified as members of the Ready Reserve, to ensure continuous
mobilization readiness of Ready Reserve units and members, and to
identify characteristics of civil service retirees for national
mobilization purposes.
24. To disclose information to officials of the Department of
Defense, National Oceanic and Atmospheric Administration, U.S. Public
Health Service, and the U.S. Coast Guard needed to effect any
adjustments in retired or retainer pay required by the dual
compensation provisions of 5 U.S.C. 5532.
25. To disclose information to officials of the Merit Systems
Protection Board, or the Office of the Special Counsel, when
requested in connection with appeals, special studies of the civil
service and other merit systems, review of rules and regulations,
investigation of alleged or possible prohibited personnel practices,
and such other functions, promulgated in 5 U.S.C. 1205 and 1206, or
as may be authorized by law.
26. To disclose information to the Equal Employment Opportunity
Commission when requested in connection with investigations of
alleged or possible discriminatory practices, examination of Federal
affirmative employment programs, or for other functions of the
Commission as authorized by law or regulation.
27. To disclose to the Federal Labor Relations Authority
(including its General Counsel) information related to the
establishment of jurisdiction, the investigation and resolution of
allegations of unfair labor practices, or information in connection
with the resolution of exceptions to arbitration awards when a
question of material fact is raised; to disclose information in
matters properly before the Federal Services Impasses Panel, and to
investigate representation petitions and conduct or supervise
representation elections.
28. To disclose to prospective non-Federal employers, the
following information about a specifically identified current or
former employee: Tenure of employment; civil service status; length
of service in VA and the Government; and when separated, the date and
nature of action as shown on the Notification of Personnel Action-
Standard Form 50 (or authorized exception).
29. Records from this system of records may be disclosed to a
Federal, State, or local government agency or licensing board and/or
to the Federation of State Medical Boards or a similar non-government
entity. These entities maintain records concerning an individual's
employment or practice histories or concerning the issuance,
retention or revocation of licenses or registration necessary to
practice an occupation, profession or specialty. Disclosures may be
made for the Agency to obtain information determined relevant to an
Agency's decision concerning the hiring, retention, or termination of
an employee. Disclosures may also be made to inform licensing boards
or the appropriate non-governmental entities about the health care
practices of a terminated, resigned, or retired health care employee
whose professional health care activity so significantly failed to
conform to generally accepted standards of professional practice as
to raise reasonable concern for the health and safety of patients.
30. To disclose relevant information to the Department of Justice
and United States Attorneys in defense or prosecution of litigation
involving the United States and to Federal agencies upon their
request in connection with review of administrative tort claims filed
under the Federal Tort Claims Act, 28 U.S.C. 2672.
31. To disclose hiring, performance, or other personnel-related
information to any facility with which there is, or there is proposed
to be, an affiliation, sharing agreement, contract, or similar
arrangement, for purposes of establishing, maintaining, or expanding
any such relationship.
32. Identifying information in this system, including name,
address, Social Security number, and other information as is
reasonably necessary to identify such individual, may be disclosed to
the National Practitioner Data Bank at the time of hiring and/or
clinical privileging/reprivileging of health care practitioners, and
other times as deemed necessary by VA, in order for VA to obtain
information relevant to a Department decision concerning the hiring,
privileging/reprivileging, retention, or termination of the applicant
or employee.
33. Relevant information from this system of records may be
disclosed to the National Practitioner Data Bank or to a State or
local government licensing board which maintains records concerning
the issuance, retention, or revocation of licenses, certifications,
or registrations necessary to practice an occupation, profession or
specialty when under the following circumstances, through peer review
process that is undertaken pursuant to VA policy, negligence,
professional incompetence, responsibility for improper care, and/or
professional misconduct has been assigned to a physician or licensed
or certified health care practitioner: (1) On any payment in
settlement (or partial settlement of, or in satisfaction of a
judgement) in a medical malpractice action or claim; or, (2) on any
final decision that adversely affects the clinical privileges of a
physician or practitioner for a period of more than 30 days.
34. Relevant information from this system of records concerning
the departure of a former VA employee, who is subject to garnishment
pursuant to a legal process as defined in 5 U.S.C. 5520a, as well as
the name and address of the designated agent for the new employing
agency or the name and address of any new private employer, may be
disclosed to the garnishing party (garnisher). Information from this
system of records may be disclosed in response to legal processes,
including interrogatories, served on the agency in connection with
garnishment proceedings against current or former VA employees under
5 U.S.C. 5520a.
35. To disclose information to contractors, subcontractors,
grantees, or others performing or working on a contract, grant or
cooperative agreement for the Federal government, provided disclosure
is in the interest of the Government and the information to be
disclosed is relevant and necessary for accomplishing the intended
uses of the information and necessary to perform services under the
contract, grant or cooperative agreement.
36. To disclose to a spouse or dependent child (or court-
appointed guardian thereof) of a VA employee enrolled in the Federal
Employees Health Benefits Program, upon request, whether the employee
has changed from a self-and-family to a self-only health benefits
enrollment.
37. To disclose to the Federal Retirement Thrift Investment Board
information concerning an employee's election to participate in the
Thrift Savings Plan, the employee's ineligibility to make
contributions to the Thrift Savings Plan because a financial hardship
in-service withdrawal has been issued, or information from a
transcript of thrift savings plan changes that has been approved by
the Federal Retirement Thrift Investment Board.
38. Information from this system of records will be disclosed to
the Healthcare Integrity and Protection Data Base as required by
section 1122E of the Social Security Act (as added by Sec. 221(a) of
Pub. L. 104-191) and the associated implementing regulations issued
by the Department of Health and Human Services, 45 CFR Part 61. For
example, VA is required to report adjudicated adverse personnel
actions based on acts or omissions that either affected or could have
affected the delivery of health care services.
39. VA may disclose information from this system of records to a
court, administrative entity, or custodial parent of a child in order
to provide documentation of payroll deductions for child healthcare
insurance carriers in order to enroll employees and their children in
healthcare insurance plans in accordance with Public Law 106-394.
Policies and practices for storing, retrieving, accessing,
retaining and disposing of records in the system:
Storage:
These records may be maintained in file folders, on lists and
forms, on microfilm or microfiche, and in computer processable
storage media.
Retrievability:
These records may be retrieved using various combinations of
name, birth date, Social Security number, or identification number of
the individual on whom they are maintained.
Safeguards:
Access to areas where these records are maintained is restricted
to VA employees, contractors, or subcontractors on a ``need to know''
basis; strict control measures are enforced to ensure that disclosure
to these individuals is also based on this same principle. File areas
are locked after normal duty hours and are protected from outside
access by the Federal Protective Service or other types of alarm
systems.
Access to the VA Austin Automation Center and VA Shared Service
Center are restricted to authorized VA employees and authorized
representatives of vendors. Access to computer rooms within these
facilities is further restricted to especially authorized VA
personnel and vendor personnel.
Access to computerized records is limited through the use of
access codes and entry logs. Additional protection is provided by
electronic locking devices, alarm systems, and guard services.
Electronic data is made available to VA field facilities via VA's
Intranet. Strict control measures are enforced to ensure that
disclosure is limited to the individual on whom the record is being
maintained or on a ``need to know'' basis. Security devices (e.g.
passwords, firewalls) are used to control access by VA users to
Internet services, and to shield VA networks and systems from outside
the firewall.
Retention and disposal:
The Merged Personnel Records Folder (MPRF) is maintained for the
period of the employee's service in VA and is then transferred to the
National Personnel Records Center (NPRC) for storage, or, as
appropriate, to the next employing Federal agency. Other records are
either retained at VA for various lengths of time in accordance with
the National Archives and Records Administration records schedules or
destroyed when they have served their purpose or the employee leaves
VA.
a. VA maintains the MPRF as long as VA employs the individual.
Within 90 days after the individual separates from VA's employment,
the MPRF is sent to the NPRC for long-term storage. The MPRF of a
retired employee or an employee who dies in service is sent to the
Records Center within 120 days of the retirement or death.
b. Records in this system must be maintained and disposed of in
accordance with General Records Schedule 1, and VA Records Control
Schedule 10-1, the Office of Personnel Management Guide to Federal
Recordkeeping, and the Memorandum of Understanding concerning this
subject between VA, the Office of Personnel Management, and the
National Archives and Records Administration.
System manager(s) and address:
Deputy Assistant Secretary for Human Resources Management (05),
Department of Veterans Affairs, 810 Vermont Avenue, NW, Washington,
DC 20420.
Notification procedure:
Individuals wishing to inquire whether this system of records
contains information about them should contact the appropriate office
as follows:
a. Federal employees should contact the responsible official (as
designated by their agency) regarding records in this system.
b. Former Federal employees should contact the National Personnel
Records Center (Civilian), 111 Winnebago Street, St. Louis, Missouri
63118, regarding the records in this system. Individuals must furnish
the following information so their records can be located and
identified: full name(s), date of birth, Social Security number, last
employing agency (including duty station, when applicable), and
approximate dates of employment. All requests must be signed.
Record access procedures:
(See Notification Procedure.)
Contesting record procedures:
Current and former VA employees wishing to request amendment of
their records should contact the Director, Department of Veterans
Affairs Shared Service Center (00), 3401 SW 21st Street, Topeka,
Kansas 66604. Individuals must furnish the following information for
their records to be located and identified: Full name(s), date of
birth, Social Security number, and signature. To facilitate
identification of records, former employees must also provide the
name of their last Department of Veterans Affairs facility and
approximate dates of employment.
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.
77VA10Q
System name:
Health Care Provider Credentialing and Privileging Records-VA.
System location:
Records are maintained at each VA health care facility. Address
locations for VA facilities are listed in VA Appendix 1 of the
biennial publication of VA system of records. In addition,
information from these records or copies of records may be maintained
at the Department of Veterans Affairs, 810 Vermont Avenue, NW.,
Washington, DC 20420 and/or Veterans Integrated Service Network
(VISN) Offices. Records for those VA contracted health care providers
who are credentialed by the contractor in accordance with VHA policy,
where credentialing information is received by VHA facilities will be
maintained in accordance with this notice and VHA policy. Electronic
copies of records may be maintained by the Department of Health and
Human Services (HHS), a component thereof, a contractor,
subcontractor of HHS, or by another entity in accordance with the VA
Interagency Agreement. Back-up copies of the electronic data
warehouse are maintained at off-site locations.
Categories of individuals covered by the system:
The records include information concerning health care providers
currently or formerly employed or otherwise utilized by VA, and
individuals who make application to VA and are considered for
employment or appointment as health care providers. These records
will include information concerning individuals who through a
contractual or other type of agreement may be or are providing health
care to VA patients. This may include, but is not limited to:
Audiologists; dentists; dietitians; expanded-function dental
auxiliaries; licensed practical or vocational nurses; nuclear
medicine technologists; nurse anesthetists; nurse practitioners;
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 consists of information related to:
(1) The credentialing (the review and verification of an
individual's qualifications for employment or utilization which
includes licensure, registration or certification, professional
education and training, employment history, experience, appraisals of
past performance, health status, etc.) of applicants who are
considered for employment and/or appointment, for providing health
services under a contract or other type of agreement, and/or for
appointment to the professional staff.
(2) The privileging (the process of reviewing and granting or
denying a provider's request for clinical privileges to provide
medical or other patient care services, within well defined limits,
which are based on an individual's professional license, registration
or certification, experience, training, competence, health status,
ability, and clinical judgment) health care providers who are
permitted by law and by the medical facility to provide patient care
independently and individuals whose duties and responsibilities are
determined to be beyond the normal scope of activities for their
profession;
(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 (NPDB).
The record may include individual identifying information (e.g.,
name, date of birth, gender, social security number, national
provider number, and/or other personal identification number),
address information (e.g., home and/or mailing address, home
telephone number, e-mail address, facsimile number), biometric data
and information related to education and training (e.g., name of
medical or professional school attended and date of graduation, name
of training program, type of training, dates attended, and date of
completion). The record may also include information related to: the
individual's license, registration or certification by a State
licensing board and/or national certifying body (e.g., number,
expiration date, name and address of issuing office, status including
any actions taken by the issuing office or any disciplinary board to
include previous or current restrictions, suspensions, limitations,
or revocations); citizenship; honors and awards; type of appointment
or utilization; service/product line; professional society
membership; professional performance, experience, and judgment (e.g.,
documents reflecting work experience, appraisals of past and current
performance and potential); educational qualifications (e.g., name
and address of institution, level achieved, transcript, information
related to continuing education); Drug Enforcement Administration and
or State controlled dangerous substance certification (e.g., current
status, any revocations, suspensions, limitations, restrictions);
information about mental and physical status; evaluation of clinical
and/or technical skills; involvement in any administrative,
professional or judicial proceedings, whether involving VA or not, in
which professional malpractice on the individual's part is or was
alleged; any actions, whether involving VA or not, which result in
the limitation, reduction, revocation, or acceptance of surrender or
restriction of the individual's clinical privileges; and, clinical
performance information that is collected and used to support a
determination of an individual's request for clinical privileges.
Some information that is included in the record may be duplicated in
an employee personnel folder.
Authority for maintenance of the system:
Title 38 U.S.C. 501(a) and 7304(a)(2).
Purposes(s):
The information may be used for: Verifying the individual's
credentials and qualifications for employment or utilization,
appointment to the professional staff, and/or clinical privileges;
advising prospective health care entity employers, health care
professional licensing or monitoring bodies, the NPDB, or similar
entities of activities of individuals covered by this system;
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
VISN Directors and Division Offices, VA Central Office, VHA program
offices who require the credentialing information, and the VA Office
of Inspector General; law enforcement investigations; quality
assurance audits, reviews and investigations; personnel management
and evaluations; employee ratings and performance evaluations; and,
employee disciplinary or other adverse action, including discharge.
The records and information may be used for statistical analysis, to
produce various management reports, evaluate services, collection,
distribution and utilization of resources, and provide clinical and
administrative support to patient medical care.
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 the
purpose(s) of the request, and to identify the type of information
requested), when necessary to obtain information relevant to a
Department decision concerning the hiring or retention of an
employee; the issuance or reappraisal of clinical privileges; the
issuance of a security clearance; the conducting of a security or
suitability investigation of an individual; the letting of a
contract; the issuance of a license, grant, or other benefits; or in
response to scarce or emergency needs of the Department or other
entities when specific skills are required.
2. A record from this system of records may be disclosed to an
agency in the executive, legislative, or judicial branch, or the
District of Columbia's Government in response to its request, or at
the initiation of VA, information in connection with the hiring of an
employee; appointment to the professional staff; the issuance of a
security clearance; the conducting of a security or suitability
investigation of an individual; the letting of a contract; the
issuance of a license, grant, or other benefit by the agency; or the
lawful statutory or administrative purpose of the agency to the
extent that the information is relevant and necessary to the
requesting agency's decision; or at the initiative of VA, to the
extent the information is relevant and necessary to an investigative
purpose of the agency.
3. Disclosure may be made to a congressional office from the
record or an individual in response to an inquiry from the
congressional office made at the request of that individual.
4. Disclosure may be made to National Archives and Records
Administration in records management inspections conducted under
authority of Title 44 United States Code.
5. Information from this system of records may be disclosed to a
Federal agency or to a State or local government licensing board and/
or to the Federation of State Medical Boards or a similar non-
Government entity, which maintains records concerning individuals'
employment histories or concerning the issuance, retention or
revocation of licenses, certifications, or registration necessary to
practice an occupation, profession or specialty, in order for the
Department to obtain information relevant to a Department decision
concerning the hiring, utilization, appointment, retention or
termination of individuals covered by this system or to inform a
Federal agency or licensing boards or the appropriate non-Government
entities about the health care practices of a currently employed,
appointed, otherwise utilized, terminated, resigned, or retired
health care employee or other individuals covered by this system
whose professional health care activity so significantly failed to
meet generally accepted standards of clinical practice as to raise
reasonable concern for the safety of patients. These records may also
be disclosed as part of an ongoing computer-matching program to
accomplish these purposes.
6. Information may be disclosed to non-Federal sector (i.e.,
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:
(a) The records are properly constituted in accordance with VA
requirements; (b) the records are accurate, relevant, timely, and
complete; and (c) the disclosure is in the best interest of the
Government (e.g., to obtain accreditation or other approval rating).
When cooperation with the non-Federal sector entity, through the
exchange of individual records, directly benefits VA's completion of
its mission, enhances personnel management functions, or increases
the public confidence in VA's or the Federal Government's role in the
community, then the Government's best interests are served. Further,
only such information that is clearly relevant and necessary for
accomplishing the intended uses of the information as certified by
the receiving entity is to be furnished.
7. Information may be disclosed to a state or national certifying
body, which has the authority to make decisions concerning the
issuance, retention or revocation of licenses, certifications or
registrations required to practice a health care profession, when
requested in writing by an investigator or supervisory official of
the licensing entity or national certifying body, for the purpose of
making a decision concerning the issuance, retention or revocation of
the license, certification or registration of a named health care
professional.
8. 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.
9. Hiring, appointment, performance, or other personnel
credentialing related information may be disclosed to any facility or
agent with which there is, or there is proposed to be, an
affiliation, sharing agreement, partnership, contract, or similar
arrangement, where required for establishing, maintaining, or
expanding any such relationship.
10. Information concerning a health care provider's professional
qualifications and clinical privileges may be disclosed to a VA
patient, or the representative or guardian of a patient who, due to
physical or mental incapacity, lacks sufficient understanding and/or
legal capacity to make decisions concerning his/her medical care.
This information may also be disclosed to a VA patient, 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.
11. VA may disclose on its own initiative any information in this
system, except the names and home addresses of veterans and their
dependents, which is relevant to a suspected or reasonably imminent
violation of law, whether civil, criminal or regulatory in nature and
whether arising by general or program statute or by regulation, rule
or order issued pursuant thereto, to a Federal, State, local or
foreign agency charged with the responsibility of investigating or
prosecuting such violation, or charged with enforcing or implementing
the statute, regulation, rule or order. On its own initiative, VA may
also disclose the names and addresses of veterans and their
dependents to a Federal agency charged with the responsibility of
investigating or prosecuting civil, criminal or regulatory violations
of law, or charged with enforcing or implementing the statute,
regulation, rule or order issued pursuant thereto.
12. VA may disclose to the Federal Labor Relations Authority
(including its General Counsel) information related to the
establishment of jurisdiction, the investigation and resolution of
allegations of unfair labor practices, or information in connection
with the resolution of exceptions to arbitration awards when a
question of material fact is raised; to disclose information in
matters properly before the Federal Service Impasses Panel, and to
investigate representation petitions and conduct or supervise
representation elections.
13. Information may be disclosed to the VA-appointed
representative of an employee regarding all notices, determinations,
decisions, or other written communications issued to the employee in
connection with an examination ordered by VA under fitness-for-duty
examination procedures or Agency-filed disability retirement
procedures.
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 discriminatory practices,
examination of Federal affirmative employment programs, or the other
functions of the Commission as authorized by law or regulation.
16. Information listed in 5 U.S.C. 7114(b)(4) may be disclosed to
officials of labor organizations recognized under 5 U.S.C., chapter
71 when relevant and necessary to their duties of exclusive
representation concerning personnel policies, practices, and matters
affecting working conditions.
17. Identifying information in this system, including name,
address, social security number and other information as is
reasonably necessary to identify such individual, may be disclosed to
the NPDB at the time of hiring, appointment, utilization, and/or
clinical privileging/reprivileging of physicians, dentists and other
health care practitioners, and other times as deemed necessary by VA,
in order for VA to obtain information relevant to a Department
decision concerning the hiring, appointment, utilization,
privileging/reprivileging, retention or termination of the
individual.
18. Relevant nformation from this system of records may be
disclosed to the NPDB and/or State Licensing Board in the State(s) in
which a practitioner is licensed, in which the VA facility is
located, and/or in which an act or omission occurred upon which a
medical malpractice claim was based when VA reports information
concerning: (a) Any payment for the benefit of a physician, dentist,
or other licensed health care practitioner which was made as the
result of a settlement or judgment of a claim of medical malpractice
if an appropriate determination is made in accordance with agency
policy that payment was related to substandard care, professional
incompetence or professional misconduct on the part of the
individual; (b) a final decision which relates to possible
incompetence or improper professional conduct that adversely affects
the clinical privileges of a physician or dentist for a period longer
than 30 days; or, (c) the acceptance of the surrender of clinical
privileges or any restriction of such privileges by a physician or
dentist either while under investigation by the health care entity
relating to possible incompetence or improper professional conduct,
or in return for not conducting such an investigation or proceeding.
These records may also be disclosed as part of a computer-matching
program to accomplish these purposes.
19. In response to a request about a specifically identified
individual covered by this system from a prospective Federal or non-
Federal health care entity employer, the following information may be
disclosed: (a) Relevant information concerning the individual's
professional employment history including the clinical privileges
held by the individual; (b) relevant information concerning a final
decision 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.
20. Disclosure may be made to any Federal, State, local, tribal
or private entity in response to a request concerning a specific
provider for the purposes of credentialing providers who provide
health care at multiple sites or move between sites. Such disclosures
may be made only when: (a) The records are properly constituted in
accordance with VA requirements; (b) the records are accurate,
relevant, timely, and complete; and (c) disclosure is in the best
interests of the Government (i.e., to meet the requirements of
contracts, sharing agreements, partnerships, etc.). When the exchange
of credentialing information through the exchange of individual
records directly benefits VA's completion of its mission and enhances
public confidence in VA's or the Federal Government's role in the
delivery of health care, then the best interests of the Government
are served.
Policies and practices for storing, retrieving, accessing,
retaining, and disposing of records in the system:
Storage:
Records are maintained on paper documents or in electronic
format. Information included in the record may be stored on
microfilm, magnetic tape or disk.
Retrievability:
Records are retrieved by the names and social security number or
other assigned identifiers, e.g. the National Provider Identifier, 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 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 VistA system may be accessed by
authorized VA employees. Access to file information is controlled at
two levels; the system recognizes authorized employees by a series of
individually unique passwords/codes as a part of each data message,
and the employees are limited to only that information in the file,
which is needed in the performance of their official duties.
3. Access to records in VA Central Office and the VISN Directors
and Division Offices is only authorized to VA personnel on a ``need-
to-know'' basis. 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.
4. The automated system is Internet enabled and will conform to
all applicable Federal regulations concerning information security.
The automated system is protected by a generalized security facility
and by specific security techniques used within the application that
accesses the data file and may include individually unique passwords/
codes and may utilize Public Key Infrastructure personal
certificates. Both physical and system security measures will meet or
exceed those required to provide an adequate level of protection for
host systems. Access to file information is limited to only that
information in the file which is needed in the performance of
official duties. Access to computer rooms is restricted generally by
appropriate locking devices to authorized operational personnel.
Information submitted to the automated electronic system is afforded
the same protections as the data that is maintained in the original
files. Access from remote locations, including remote on-line access
from other agencies to the data storage site, is controlled in the
same manner. Access to the electronic data is supported by encryption
and the Internet server is insulated by a firewall.
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 location, if appropriate. Paper records are
retired to a Federal records center 3 years after the individual
separates from VA employment or no longer utilized by VA (in some
cases, records may be maintained at the facility for a longer period
of time) and are destroyed 30 years after separation. Paper records
for applicants who are not selected for VA employment or appointment
are destroyed 2 years after non-selection or when no longer needed
for reference, whichever is sooner. Electronic records are
transferred to the Director, Credentialing and Privileging Program,
Office of Quality and Performance, VHA Central Office, when the
provider leaves the facility. Information stored on electronic
storage media is maintained and disposed of in accordance with
records disposition authority approved by the Archivist of the United
States.
System manager(s) and address:
Official responsible for policies and procedures: Director,
Credentialing and Privileging Program, Office of Quality and
Performance (10Q), Veterans Health Administration, Department of
Veterans Affairs, 810 Vermont Avenue, NW., Washington, DC 20420.
Officials maintaining the system: (1) The Chief of Staff at the
VA health care facility where the provider made application, is
employed, or otherwise utilized; (2) the credentialing coordinator of
the VA health care facility for individuals who made application for
employment or other utilization, or providers currently or previously
employed or otherwise utilized at VA Central Office or at a VISN
location; and (3) HHS/HRSA, Parklawn Building, 5600 Fishers Lane,
Rockville, Maryland 20852, for the electronic data warehouse. In most
cases, the electronic data will be maintained by the Department of
Health and Human Services, Health Resources and Services
Administration (HHS/HRSA), a component thereof (a contractor,
subcontractor of HHS/HRSA, or by another entity) in accordance with
the VA Interagency Agreement.
Notification procedure:
Individuals who wish to determine whether this system of records
contains information about them should contact the VA facility where
they made application for employment or appointment, or to the VA
facility where they are or were employed. Inquiries should include
the employee's full name, social security number, date of application
for employment or appointment or dates of employment or appointment,
and return address.
Record access procedures:
Individuals seeking information regarding access to and
contesting of records in this system may write, call or visit the VA
facility where they made application for employment or appointment,
or the VA facility where they are or were employed.
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 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, other
health care facilities and staff, references, educational
institutions, medical schools, VA staff, patient, visitors, 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.
79VA19
System name:
Veterans Health Information Systems and Technology Architecture
(VistA) 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
Chief Information Officer (CIO) Field Offices, Veterans Integrated
Service Network (VISN) Offices, and Employee Education Systems.
Categories of individuals covered by the system:
The records include information concerning current and former
employees, applicants for employment, trainees, contractors, sub-
contractors, contract personnel, students, providers and consultants,
patients and members of their immediate family, volunteers,
maintenance personnel, as well as individuals working collaboratively
with the VA.
Categories of records in the system:
The records may include information related to:
1. Workload such as orders entered, verified, and edited (e.g.,
engineering work orders, doctors' orders for patient care including
nursing care, the scheduling and delivery of medications,
consultations, radiology, laboratory and other diagnostic and
therapeutic examinations); results entered; items checked out and
items in use (e.g., library books, keys, x-rays, patient medical
records, equipment, supplies, reference materials); work plans
entered and the subsequent tracking (e.g., construction projects,
engineering work orders and equipment maintenance and repairs
assigned to employees and status, duty schedules, work assignments,
work requirements); reports of contact with individuals or groups;
employees (including volunteers) work performance information (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;
3. Computer access authorizations, computer applications
available and used, information access attempts, frequency and time
of use; identification of the person responsible for, currently
assigned, or otherwise engaged in various categories of patient care
or support of health care delivery; vehicle registration (motor
vehicles and bicycles) and parking space assignments; community and
special project participants/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
such as name, address, telephone number, and relationship);
information related to training (e.g., security, safety, in-service),
education and continuing education (e.g., name and address of schools
and dates of attendance, courses attended and scheduled to attend,
grades, type of degree, certificate, etc.); 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);
4. Financial information, such as service line and clinic
budgets, projected and actual costs;
5. Supply information, such as services, materials and equipment
ordered;
6. Abstract information (e.g., data warehouses, environmental and
epidemiological registries, etc.) is maintained in auxiliary paper
and automated records;
7. Electronic messages; and
8. The social security number and universal personal
identification number of health care providers.
Authority for maintenance of the system:
Title 38, United States Code, section 7301(a).
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 for research purposes. The data may be
used also for such purposes as assisting in the scheduling of tours
of duties and job assignments of employees; the scheduling of patient
treatment services, including nursing care, clinic appointments,
surgery, diagnostic and therapeutic procedures; the repair and
maintenance of equipment and for follow-up 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 Network Directors Office,
VA Central Office, and the VA Office of Inspector General (OIG); for
quality assurance audits, reviews, investigations and inspections;
for law enforcement investigations; and for personnel management,
evaluation and employee ratings, and performance evaluations.
Routine uses of records maintained in the system, including
categories of users and the purposes of such uses:
To the extent that records contained in the system include
information protected by 45 CFR parts 160 and 164, i.e.,
individually-identifiable health information, and 38 U.S.C. 7332,
i.e., medical treatment information related to drug abuse, alcoholism
or alcohol abuse, sickle cell anemia or infection with the human
immunodeficiency virus, that information cannot be disclosed under a
routine use unless there is also specific statutory authority in 38
U.S.C. 7332 and regulatory authority in 45 CFR parts 160 and 164
permitting disclosure.
1. VA may disclose on its own initiative any information in this
system, except the names and home addresses of veterans and their
dependents, which is relevant to a suspected or reasonably imminent
violation of law, whether civil, criminal or regulatory in nature and
whether arising by general or program statute or by regulation, rule
or order issued pursuant thereto, to a Federal, state, local, tribal,
or foreign agency charged with the responsibility of investigating or
prosecuting such violation, or charged with enforcing or implementing
the statute, regulation, rule or order. On its own initiative, VA may
also disclose the names and addresses of veterans and their
dependents to a Federal agency charged with the responsibility of
investigating or prosecuting civil, criminal or regulatory violations
of law, or charged with enforcing or implementing the statute,
regulation, rule or order issued pursuant thereto.
2. Disclosure may be made to an agency in the executive,
legislative, or judicial branch, or the District of Columbia
government in response to its request, 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.
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 the National Archives and Records
Administration (NARA) in records management inspections conducted
under authority of 44 U.S.C.
5. Disclosure may be made to the Department of Justice and United
States attorneys in defense or prosecution of litigation involving
the United States, and to Federal agencies upon their request in
connection with review of administrative tort claims filed under the
Federal Tort Claims Act, 28 U.S.C.
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. Disclosure may be made to inform a Federal agency, licensing
boards or the appropriate non-government entities about the health
care practices of a terminated, resigned or retired health care
employee whose professional health care activity so significantly
failed to conform to generally accepted standards of professional
medical practice as to raise reasonable concern for the health and
safety of patients receiving medical care in the private sector or
from another Federal agency. These records may also be disclosed as
part of an ongoing computer matching program to accomplish these
purposes.
8. For program review purposes, and the seeking of accreditation
and/or certification, disclosure may be made to survey teams of the
Joint Commission on Accreditation of Healthcare Organizations
(JCAHO), College of American Pathologists, American Association of
Blood Banks, and similar national accreditation agencies or boards
with whom VA has a contract or agreement to conduct such reviews but
only to the extent that the information is necessary and relevant to
the review.
9. Disclosure may be made to a state or local government entity
or national certifying body which has the authority to make decisions
concerning the issuance, retention or revocation of licenses,
certifications or registrations required to practice a health care
profession, when requested in writing by an investigator or
supervisory official of the licensing entity or national certifying
body for the purpose of making a decision concerning the issuance,
retention or revocation of the license, certification or registration
of a named health care professional.
10. Disclosure may be made to officials of labor organizations
recognized under 5 U.S.C. chapter 71 when relevant and necessary to
their duties of exclusive representation concerning personnel
policies, practices, and matters affecting working conditions.
11. Disclosure may be made to the representative of an employee,
including all notices, determinations, decisions, or other written
communications issued to the employee in connection with an
examination ordered by VA under medical evaluation (formerly fitness-
for-duty) examination procedures or Department-filed disability
retirement procedures.
12. Disclosure may be made to officials of the Merit Systems
Protection Board, and the Office of the Special Counsel, when
requested in connection with appeals, special studies of the civil
service and other merit systems, review of rules and regulations,
investigation of alleged or possible prohibited personnel practices,
and such other functions, promulgated in 5 U.S.C. 1205 and 1206, or
as may be authorized by law.
13. Disclosure may be made to the Equal Employment Opportunity
Commission when requested in connection with investigations of
alleged or possible discrimination practices, examination of Federal
affirmative employment programs, compliance with the Uniform
Guidelines of Employee Selection Procedures, or other functions
vested in the Commission by the President's Reorganization Plan No. 1
of 1978.
14. Disclosure may be made to the Federal Labor Relations
Authority, including its General Counsel, when requested in
connection with investigation and resolution of allegations of unfair
labor practices, in connection with the resolution of exceptions to
arbitrator awards when a question of material fact is raised and
matters before the Federal Service Impasses Panel.
15. Disclosure may be made in consideration and selection of
employees for incentive awards and other honors and to publicize
those granted. This may include disclosure to other public and
private organizations, including news media, which grant or publicize
employee awards or honors.
16. Disclosure may be made to consider employees for recognition
through administrative and quality step increases and to publicize
those granted. This may include disclosure to other public and
private organizations, including news media, which grant or publicize
employee recognition.
17. Identifying information such as name, address, social
security number and other information as is reasonably necessary to
identify such individual, may be disclosed to the National
Practitioner Data Bank at the time of hiring and/or clinical
privileging/re-privileging of health care practitioners and at other
times as deemed necessary by VA in order for VA to obtain information
relevant to a Department decision concerning the hiring, privileging/
re-privileging, retention or termination of the applicant or
employee.
18. Relevant information 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.
19. Disclosure of medical record data, excluding name and
address, unless name and address is furnished by the requester, may
be made to epidemiological and other research facilities for research
purposes determined to be necessary and proper, and approved by the
Under Secretary for Health.
20. Disclosure of name(s) and address(es) of present or former
personnel of the Armed Services, and/or their dependents, may be made
to: (a) a Federal department or agency, at the written request of the
head or designee of that agency; or (b) directly to a contractor or
subcontractor of a Federal department or agency, for the purpose of
conducting Federal research necessary to accomplish a statutory
purpose of an agency. When disclosure of this information is made
directly to a contractor, VA may impose applicable conditions on the
department, agency, and/or contractor to ensure the appropriateness
of the disclosure to the contractor.
21. The social security number, universal personal identification
number and other identifying information of a health care provider
may be disclosed to a third party where the third party requires the
agency to provide that information before it will pay for medical
care provided by VA.
22. Relevant information may be disclosed to individuals,
organizations, private or public agencies, etc., with whom VA has a
contract or agreement to perform such services as VA may deem
practical for the purposes of laws administered by VA, in order for
the contractor and/or subcontractor to perform the services of the
contract or agreement.
23. Disclosure of relevant health care information may be made to
individuals or organizations (private or public) with whom VA has a
contract or sharing agreement for the provision of health care,
administrative or financial services.
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. In most cases, copies of back-up computer
files are maintained at off-site locations.
Retrievability:
Records are retrieved by name, social security number 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. Access to computer rooms at health care facilities is
generally limited by appropriate locking devices and restricted to
authorized VA employees and vendor personnel. Automated Data
Processing (ADP) peripheral devices are placed in secure areas (areas
that are locked or have limited access) or are otherwise protected.
Information in VistA may be accessed by authorized VA employees.
Access to file information is controlled at two levels. The systems
recognize authorized employees by series of individually unique
passwords/codes as a part of each data message, and the employees are
limited to only that information in the file which is needed in the
performance of their official duties. Information that is downloaded
from VistA and maintained on personal computers is afforded similar
storage and access protections as the data that is maintained in the
original files. Access to information stored on automated storage
media at other VA locations is controlled by individually unique
passwords/codes. Access by remote data users such as Veteran Outreach
Centers, Veteran Service Officers (VSO) with power of attorney to
assist with claim processing, Veteran Benefits Administration (VBA)
Regional Office staff for benefit determination and processing
purposes, OIG staff conducting official audits, investigations or
inspections at the health care facility, or an OIG office location
remote from the health care facility and other authorized individuals
is controlled in the same manner.
3. Information downloaded from VistA and maintained by the OIG
headquarters and Field Offices on automated storage media is secured
in storage areas for facilities to which only OIG staff have access.
Paper documents are similarly secured. Access to paper documents and
information on automated storage media is limited to OIG employees
who have a need for the information in the performance of their
official duties. Access to information stored on automated storage
media is controlled by individually unique passwords/codes.
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:
The official responsible for policies and procedures is the
Director, Health Systems Design and Development (192), Department of
Veterans Affairs, 810 Vermont Avenue, NW., Washington, DC 20420. The
local official responsible for maintaining the system is the Director
of the facility where the individual is or was 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 to represent them; such
attorneys-at-law and accredited agents; 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.
Purpose(s):
Claims agents and attorneys-at-law who charge fees for
representing veterans and their survivors and dependents in pursuing
their claims for Federal veterans' benefits are required to file
copies of their fee agreements with the Board. The Board, on its own
motion or the motion of a party to the agreement, may then review the
agreement and may order a reduction in the called for in
the agreement if the Board finds that the fee is excessive or
unreasonable, 38 USC 5904(c)(2). The Board gathers; or creates, these
records in order to enable it to carry out these fee agreement filing
and review functions.
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).
6. Where VA determines that there is good cause to questionthe
legality or ethical propriety of the conduct of a person or
organization representing a person in a matter before VA, a record
from this system may be disclosed, on VA's initiative, to any or all
of the following: (1) Applicable civil or criminal law enforcement
authorities and (2) a person or entity responsible for the licensing,
supervision, or professional discipline of the present or
organization acting a representative. Names and home addresses of
veterans and their dependents will be released on VA's initiative
under this routine use only to Federal entities.
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:
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) 565-252.
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.
86VA00S1
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 database can be viewed and
downloaded 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 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.
Purpose(s):
The information contained in this system of records is used to
case manage each worker's compensation claim, to produce statistical
management reports, monitor the case management performance of each
VA employing facility, and produce statistical reports on the source
and type of injuries occurring at each facility.
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 the 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 database is restricted to OWCP Case
Managers and Safety Officials. Paper records are maintained in a
secured area with limited access. Access to data is by means of on-
line (query) database 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 30 years after OWCP closes the claimant's
case file. Records are destroyed by shredding or burning paper
documents, or by erasing the magnetic media.
System manager(s) and address:
Deputy Assistant Secretary for Administration (03), 810 Vermont
Ave., NW., Washington, DC 20420.
Notification procedure:
Employees desiring to know whether this system of records
contains a record pertaining to them must submit a written request to
VA's Human Resources Management Office of employment or to the office
of last employment for former employees.
Record access procedures:
Employees seeking information regarding access to and contesting
of VA records may write, call, or visit VA's 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 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
System name:
Health Eligibility Records--VA.
System location:
Records are maintained at the Health Eligibility Center (HEC),
1644 Tullie Circle, Atlanta, Georgia 30329; the contractor of
record's site; and the National Enrollment Database (NED) VA Austin
Automation Center (AAC), Austin, Texas.
Categories of individuals covered by the system:
Veterans who have applied for health care services under Title
38, United States Code, Chapter 17; their spouses and dependents as
provided for, in other provisions of Title 38, United States Code;
and non-veterans inquiring about VA health care benefits.
Categories of records in the system:
The category of records in the system include:
National Enrollment Database (NED) records including: Medical
benefit application and eligibility information; identifying
information including name, address, date of birth, social security
number, claim number, 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.
Health Eligibility Center (HEC) records including [formerly the
Income Verification Match (IVM) record]: Federal Tax Information
(FTI) generated as a result of income verification computer match
with records from Internal Revenue Service (IRS) and the Social
Security Administration (SSA); documents obtained 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. FTI is tax information and tax return information
obtained from the IRS or SSA, such as taxpayer's identity, source or
amount of income, payment deductions, exemptions, assets, net worth,
tax liability, tax withheld, deficiencies, over assessments or tax
payments. 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 Form
10-10EZ, Application for Medical Benefits; workers compensation
forms; and various annual earnings statements, as well as pay stubs.
VA may not disclose to any person in any manner FTI received from IRS
and SSA except as necessary to determine eligibility for benefits in
accordance with the Internal Revenue Code (IRC) 26 U.S.C. 6103
(l)(7). VA may not allow access to FTI by any contractor or
subcontractor.
Call Center Records including: Veteran's name, social security
number, address, date of birth, phone number, enrollment priority
group and primary health care facility.
Authority for maintenance of the system:
Title 38, United States Code, Sections 501 (a), 1705, 1722, and
5317.
Purpose(s):
Information in the system of records is used to update, verify
and validate veteran eligibility, conduct income testing and
verification activities; to validate social security numbers of
veterans and spouses of those veterans receiving VA health care
benefits; to ensure accuracy of veterans' eligibility information for
medical care benefits; to operate an annual enrollment system; to
update veteran eligibility; provide enrollment materials to educate
veterans on enrollment; respond to veteran and non veteran inquiries
on enrollment and eligibility; and to compile management reports.
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 26 U.S.C. 6103(p)(4), i.e., the nature,
source and amount of income, that information cannot be disclosed
under a Routine Use 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 HEC (formerly IVM) records, as deemed necessary
and proper to named individuals serving as accredited service
organization representatives and other individuals named as approved
agents or attorneys for a documented purpose and period of time, to
aid beneficiaries in the preparation and presentation of their cases
during the verification and/or due process procedures and in the
presentation and prosecution of claims under laws administered by the
Department of Veterans Affairs (VA).
3. In the event that information in this system of records
maintained by this agency to carry out its functions, indicates a
suspected violation or reasonably imminent 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 at VA's initiative, 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. However, names and
addresses of veterans and their dependents will be released only to
Federal entities.
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 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, and to courts, boards, or commissions
only to the extent necessary to aid VA in the preparation,
presentation, and prosecution of claims authorized under Federal,
State, or local laws, and regulations promulgated thereunder.
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 National Archives and Records
Administration (NARA) and General Services Administration (GSA) in
records management inspections conducted under authority of Title 44
United States Code.
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 VA. Information
may be disclosed under this routine use only to the extent that it is
reasonably necessary for the following purposes: (a) To assist the VA
in the collection of 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 obtained or
seek to obtain title 38 medical benefits. 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 Automated Data Processing
(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. 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, United States Code.
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 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.
15. Relevant information from this system may be disclosed to
individuals, organizations, private or public agencies, etc., with
whom VA has a contract or agreement to perform such services as VA
may deem practicable for the purposes of laws administered by VA in
order for the contractor or subcontractor to perform the services of
the contract or agreement.
Note: This routine use does not authorize disclosure of FTI
received from the Internal Revenue Service or the Social Security
Administration to contractors or subcontractors.
Policies and practices for storing, retrieving, accessing,
retaining and disposing of records in the system:
Storage:
Records are maintained on magnetic tape, magnetic disk, optical
disk and paper.
Retrievability:
Records (or information contained in records) maintained on paper
documents are indexed and accessed by the veteran's name, social
security number or case number and filed in case order number.
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 health care facilities and the
HEC and VA databases housed at VA's AAC 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 health care
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 via the Department's electronic communications system
(wide area network) to specific facilities on the Department's wide
area network. Server jobs at each facility run continuously to check
for data to be transmitted and/or incoming data which needs to be
parsed to files on the receiving end. All mail messages containing
data transmissions include header information that is used for
validation purposes. Consistency checks in the software are used to
validate the transmission, and electronic acknowledgment messages are
returned to the sending application. The Department's
Telecommunications Support Service has oversight responsibility for
planning security.
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. HEC
staff controls visitor entry 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. Access to the VA AAC is generally
restricted to AAC staff, VA Headquarters employees, custodial
personnel, Federal Protective Service and authorized operational
personnel through electronic locking devices. All other persons
gaining access to the computer rooms are escorted.
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 is
limited to VA employees whose official duties warrant access to those
files. The HEC 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 the files is controlled by discrete
menus which are assigned by the HEC computer system administration
staff, upon request from the employee's supervisor and 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 is transmitted from the HEC to VA health care
facilities and National Enrollment Database (NED) over the
Department's computerized electronic communications system. Access to
data in these files is controlled at the health care facility and NED
level in accordance with nationally and locally established data
security procedures. The NED is a database developed to support a
national enrollment system. VA employees at these 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 health care 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.
5. In addition to passcards, the HEC computer room requires
manual entry of a security code prior to entry. Only the Automated
Information System (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 IVM 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 the 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 with refresher training 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 back-ups on removable magnetic media are stored
off-site by a licensed and bonded media storage vendor.
11. Neither field offices, the contractor administering the Call
Center for VHA, nor the NED will receive FTI from HEC.
12. Contractor working spaces and record storage areas 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 contractor's Security
Officer. Visitor entry is controlled by the contractor's staff by
door release and/or door escort. The building is equipped with an
intrusion alarm system for non-business hours, and this system is
monitored by a security service vendor.
13. Strict control measures are enforced to ensure that access to
and disclosure from all records including electronic files and
veteran specific data elements in the contractor veteran call
tracking database are limited to contractor's 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 discrete menus, assigned by the contractor
computer system administration staff upon request from the employee's
supervisor and the employee's demonstrated need to access the data to
perform 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 security policy agreement acknowledging their
understanding of confidentiality requirements, and all employees
receive annual training on information security. Access is
deactivated when no longer required for official duties.
14. Contractors and subcontractors will adhere to the same
safeguards and security requirements as the HEC is held to.
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.
Records are disposed of in accordance with the records retention
standards approved by the Archivist of the United States, National
Archives and Records Administration, and published in the VHA Records
Control Schedule 10-1. Regardless of the 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 Health Eligibility
Center. All inquiries must reasonably identify the records requested.
Inquiries should include the individual's full name, social security
number and return address.
Record access procedures:
Individuals seeking information regarding access to and
contesting of HEC records may write to the Director, HEC, 1644 Tullie
Circle, Atlanta, Georgia 30329.
Contesting record procedures:
(See Record Access procedures above).
Record source categories:
Information in the systems 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).
90VA194
System name:
Call Detail Records-VA.
System location:
Records are maintained at Veterans Health Administration (VHA)
facilities. Address locations for Department of Veterans Affairs (VA)
facilities are listed in VA Appendix 1 of the biennial publication of
the VA's systems of records.
Categories of individuals covered by the system:
Individuals who are assigned VHA telephone numbers or are
authorized to use VHA telephone services, and individuals who receive
or make calls billed to VHA.
Categories of records in the system:
Call detail records consist of information on Federal
Telecommunication System (FTS) telephone calls placed from VHA
telephones or otherwise billed to VHA including the originating and
destination telephone numbers; states and cities called; date and
time of call; duration of each call; cost of call; name and title of
caller; request number; account code; deactivation code;
authorization code records indicating the assignment of telephone
numbers to organizations and individuals; and the organizational
location of telephones.
Purpose(s):
The records are used to generate call detail records; to verify
telephone usage; to allocate costs of telephone services to
individual users; to identify unofficial telephone calls; and to
justify action when individuals misuse or abuse VA telephone
services.
Authority for maintenance of the system:
Title 38 United States Code, section 501.
Routine uses of records mainTAINED IN THE SYSTEM INCLUDING
categories of users and the purposes of such uses:
1. Disclosure may be made to individuals to determine their
responsibility for telephone calls.
2. Disclosure may be made to another Federal agency or a
telecommunications company providing telephone services to permit
maintenance and repair of the account.
3. Information from this system of records may be disclosed to a
congressional office from the record of an individual in response to
an inquiry from the congressional office made on behalf of that
individual.
4. Disclosure may be made to the National Archives and Records
Administration (NARA) for records management inspections under Title
44 of United States Code.
5. Disclosure may be made at VA's initiative to the appropriate
Federal, State, or local agency responsible for investigating,
prosecuting, enforcing, or implementing a statute, rule, regulation,
or order, where the agency becomes aware of an indication of a
violation or potential violation of civil or criminal law or
regulation.
6. A record from this system of records may be disclosed to a
Federal agency, in response to its request, in connection with the
hiring or retention of an employee, the issuance of a security
clearance, the conducting of a security or suitability investigation
of an individual, the reporting of an investigation, the letting of a
grant or other benefit, to the extent that the information is
relevant and necessary to the requesting agency's decision on the
matter.
7. Records from this system of records may be disclosed in a
proceeding before a court, adjudicative body, or other administrative
body when the Agency, or any Agency component or employee (in his or
her official capacity as a VA employee), is a party to litigation;
when the Agency determines that litigation is likely to affect the
Agency, any of its components or employees, or the United States has
an interest in the litigation, and such records are deemed to be
relevant and necessary to the legal proceedings; provided that the
disclosure is compatible with the purpose for which the records were
collected.
8. Disclosure of relevant information may be made to individuals,
organizations, private or public agencies, etc., with whom VA has a
contract or agreement to perform such services as VA may deem
practicable for the purposes of laws administered by VA, in order for
the contractor or subcontractor to perform the services of the
contract or agreement.
9. Disclosure may be made to officials of labor organizations
recognized under 5 U.S.C. chapter 71 when relevant and necessary to
their duties of exclusive representation concerning personnel
policies, practices, and matters affecting working conditions.
10. Disclosure may be made to the VA-appointed representative of
an employee, including all notices, determinations, decisions, or
other written communications issued to the employee in connection
with an examination ordered by VA under medical evaluation (formerly
fitness-for-duty) examination procedures or Department-filed
disability retirement procedures.
11. Disclosure may be made to officials of the Merit Systems
Protection Board, including the Office of the Special Counsel, when
requested in connection with appeals, special studies of the civil
service and other merit systems, review of rules and regulations,
investigation of alleged or possible prohibited personnel practices,
and such other functions, promulgated in 5 U.S.C. 1205 and 1206, or
as may be authorized by law.
12. Disclosure may be made to the Equal Employment Opportunity
Commission when requested in connection with investigations of
alleged or possible discrimination practices, examination of Federal
affirmative employment programs, compliance with the Uniform
Guidelines of Employee Selection Procedures, or other functions
vested in the Commission by the President's Reorganization Plan No. 1
of 1978.
13. Disclosure may be made to the Federal Labor Relations
Authority, including its General Counsel, when requested in
connection with investigation and resolution of allegations of unfair
labor practices, in connection with the resolution of exceptions to
arbitrator awards when a question of material fact is raised and
matters before the Federal Service Impasses Panel.
Disclosure to consumer reporting agencies:
Pursuant to 5 U.S.C. 552a(b)(12), VA may disclose records from
this system to consumer reporting agencies as defined in the Fair
Credit Reporting Act (15 U.S.C. 1681a(f)) or the Federal Claims
Collection Act of 1966 (31 U.S.C. 3701(a)(3)).
Policies and practices for storing, retrieving, accessing,
retaining, and disposing of records in the system:
Storage:
Records are maintained on electronic media (hard disk and floppy
disks) and paper.
Retrievability:
Records may be retrieved by name, authorization code, VA
organizational unit, originating telephone number, destination
telephone number, location code, date, time, cost, and/or duration of
call.
Safeguards:
1. Access to telecommunication areas at health care facilities is
generally limited by appropriate locking devices and restricted to
authorized VA employees and vendor personnel. Generally, VA
telecommunication areas are locked at all times and the facilities
are protected from outside access by the Federal Protective Service
or other security personnel.
2. Access to file information or the user database is controlled
by access codes. The system recognizes authorized VA employees by
individually unique passwords or access codes. Contractors accessing
the database remotely use encryption and access codes.
Retention and disposal:
Records are maintained and disposed of in accordance with record
disposition authority approved by the Archivist of the United States.
Destruction of hard copy (paper) records is by shredding or burning
or some other method that will macerate the record content. Working
disks are erased as soon as the purpose for which they have been
established has been served.
System manager(s) and address:
Director, Implementation and Training Services, Communications
Services Office (194D), Office of Information, State Route 9,
Building 307A, Martinsburg, West Virginia 25401.
Notification procedure:
Individuals wishing to inquire whether this system of records
contains information about themselves should contact the designated
individual at the VHA facility where the records are maintained.
Individuals must furnish the following information for their records
to be located and identified: a. Full name; b. VA assigned telephone
number or telephone service authorization number; and c. description
of information being sought, including the time frame of information
being sought.
Record access procedure:
Individuals wishing to request access to records about themselves
should contact the designated individual at the VHA facility where
the records are maintained. Individuals must furnish the following
information for their records to be located and identified: a. Full
name; b. VA assigned telephone number or telephone authorization
number, and; c. Description of information being sought, including
the time frame of information being sought. Individuals requesting
access must also follow VA's Privacy Act regulations regarding
verification of identify and access to records (38 CFR Part 1).
Contesting record procedure:
Individuals wishing to request amendment of records about
themselves should contact the designated individual at the VHA
facility where the records are maintained. Individuals must furnish
the following information for their records to be located and
identified: a. Full name; b. VA assigned telephone number or
telephone service authorization number; and c. Description of
information being sought, including the time frame of the information
being sought. Individuals requesting amendment must also follow VA's
Privacy Act regulations regarding verification identify and amendment
of records (38 CFR part 1).
Record source categories:
The information in this system of records is obtained from the
following sources: a. Local VA telephone directories and other
telephone assignment records; b. call detail records provided by
suppliers of telephone services; and c. the individual on whom the
record is maintained.
92VA045
System name:
Electronic Document Management System (EDMS)--VA.
System location:
Automated records are maintained within the Electronic Document
Management System (EDMS) at the Department of Veterans Affairs
Central Office, 810 Vermont Avenue, NW, Washington, DC 20420. Paper
correspondence records are maintained in file cabinets under the
control of the office responsible for processing the correspondence
item.
Categories of individuals covered by the system:
Members of Congress and their staff, officials and
representatives of other Federal agencies, state, local and tribal
governments, Foreign governments, and veterans service organizations;
representatives of private or commercial entities; veterans and their
beneficiaries; other private citizens; and VA employees.
Categories of records in the system:
Records are maintained in electronic and paper form depending on
the nature of the materials received, background information
compiled, and/or response sent. Each may include the names, social
security numbers, mailing addresses, telephone numbers, and other
personal identifiers routinely required to identify a correspondent
or subject. Other record items maintained may include personal facts
about medical, financial, or memorial benefits related to the
correspondent, veteran or beneficiary. Internal VA records may
include (but are not limited to) VA administrative, financial and
personnel information. Records may include scanned document, letter,
e-mail, fax, Internet document, tracking sheet, note, documentation
of a telephone call and/or of a meeting with an individual.
Authority for maintenance of the system:
Title 38, United States Code, 501(c).
Purpose(s):
EDMS is used to process replies to correspondence and other
inquiries that originate from members of Congress; other Federal
agencies; state, local, and tribal governments; Foreign governments;
veterans service organizations; representatives of private or
commercial entities; veterans and their beneficiaries; private
citizens; and VA employees. EDMS is also used for some categories of
correspondence and records internal to VA.
Routine uses of records maintained in the system, including
categories of users and the purposes of such uses:
1. VA may disclose the records in this system, except for the
name and address of a veteran, that it determines are relevant to a
suspected violation or reasonably imminent violation of law, whether
civil, criminal or regulatory in nature, and whether arising by
general or program statute or by regulation, rule or order issued
pursuant thereto, to a Federal, state, local, tribal or foreign
agency charged with the responsibility of investigating or
prosecuting such violation, or charged with enforcing or implementing
the statute, regulation or order issued pursuant thereto.
2. VA may disclose the name and address of a veteran that it
determines are relevant to a suspected violation or reasonably
imminent violation of law, whether civil, criminal or regulatory in
nature, and whether arising by general or program statute or by
regulation, rule or order issued pursuant thereto, to a Federal
agency charged with the responsibility of investigating or
prosecuting such violation, or charged with enforcing or implementing
the statute, regulation or order issued pursuant thereto.
3. VA may disclose the 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.
4. Information may be provided to Members of Congress or staff
persons in response to an inquiry from an individual to Members of
Congress, made at the request of the individual and concerning that
individual's VA records. Such information will be provided as
authorized by law.
5. Information may be provided to a third party acting on an
individual's behalf, such as agencies of Federal, state, local and
tribal governments, Foreign governments; veterans service
organizations; representatives of private or commercial entities in
response to a request made by the individual to the third party and
concerning that individual's VA records. Such information will be
provided as authorized by law.
6. VA may compile statistical information using records contained
in EDMS, except for identification information of a veteran such as
name, address or social security number. This information may be
disclosed to other VA facilities, Members of Congress; other Federal
agencies; state, local and tribal governments. VA will determine that
the use of such statistical information is relevant and necessary,
that disclosure of the information contained in the records 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.
8. To disclose relevant information to the Department of Justice
and United States Attorneys in defense or prosecution of litigation
involving the United States.
Policies and practices for storing, retrieving, accessing,
retaining and disposing of records in the system:
Storage:
EDMS employs rotational magnetic disk and Write Once-Read Many
(WORM) optical disk media for storage of electronic records.
Electronic records are regularly copied and moved to a separate
physical location to assure a fail-safe records recovery capability.
Paper records are maintained in file cabinets under the control of
the office responsible for processing the record.
Retrievability:
Key identification information is established for each record in
EDMS. This information is in relation to the nature of materials
received, background information compiled and/or response sent.
Retrieval is by searching for specific key information (e.g., record
identification number, author, correspondent name, subject matter,
initial date record established, etc.).
Safeguards:
Access to EDMS is via personal computer terminal. Necessary and
sufficient application security functionality (i.e., unique customer
user identification code/password and user-specific administrative
control levels) are used to limit access to authorized VA staff, and
to limit operations they may perform. To obtain access to EDMS'
electronic records, VA staff must comply with the following
procedures:
1. VA staff may not self-register in the system for access. A
request for a user identification code and password is reviewed and
approved by the designated EDMS Office Coordinator, and entered into
the system by the system administrator. Approved staff are issued a
user identification code and a temporary password, which they are
required to change when they first sign onto the system.
2. Electronic records are protected by classifications, specified
when the records are created. The owner of the record or authorized
security personnel are the only ones who can modify the
classification. A user's rights to inspect or modify records will
depend on the user's assigned administrative control level as
compared to the record's classification. The EDMS System
Administrator manages the records classifications and user
administration control levels.
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. 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 disposition authorization
approved by the Archivist of the United States.
System manager(s) and address:
Associate Deputy Assistant Secretary for Policy and Program
Assistance (045A), Department of Veterans Affairs, 810 Vermont Ave.,
NW, Washington, DC 20420. The phone number is (202) 273-8127.
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 to the System Manager at the address
above.
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:
Records in this system are derived from processing replies to
correspondence, and other inquiries that originate from Members of
Congress; other Federal agencies; state, local and tribal
governments; Foreign governments, veterans service organizations;
representatives of private or commercial entities; veterans and their
beneficiaries; other private citizens; and VA employees. Records
maintained include material received, background information compiled
and/or response sent. EDMS is also used for some categories of
correspondence and records internal to VA. Internal VA records may
include (but are not limited to) VA administrative, financial and
personnel information.
93VA131
System name:
Gulf War Registry-VA.
System location:
Character-based data from Gulf War Registry Code Sheets are
maintained in a registry dataset at the Austin Automation Center
(AAC), 1615 Woodward Street, Austin, Texas 78772. Since the dataset
at the AAC is not all-inclusive, i.e., narratives, signatures, noted
on the code sheets are not entered into this system, images of the
code sheets are maintained at the Department of Veterans Affairs
(VA), Environmental Agents Service (131), 810 Vermont Avenue, NW.,
Washington, DC 20420. These are electronic images of paper records,
i.e., code sheets and questionnaires that are stored on optical
disks. With the transition to a web-based data entry system, this
optical disk system will be discontinued in 2004. Images of code
sheets are accessible in the web-based data entry system.
Categories of individuals COVERED BY THIS SYSTEM:
Veterans who may have been exposed to toxic substances or
environmental hazard while serving in the Southwest theatre of
operations during the Gulf War from August 2, 1990, until such time
as Congress by law ends the Gulf War, and have had a Gulf War
Registry (GWR) examination at a VA medical facility. Also, a spouse
or child suffering from an illness or disorder (including birth
defects, miscarriages, or stillbirth), which cannot be disassociated
from the veteran's service in the Southwest Asia theatre of
operations and who has had a GWR examination performed by a VA or
non-VA clinician.
Categories of records in the system:
These records consist of code sheet records recording VA facility
code identifier where veteran was examined or treated; veteran's
name; address; social security number; date of birth; race/ethnicity;
marital status; sex; branch of service; periods of service; hospital
status, i.e., inpatient; outpatient; areas of service in the Gulf War
theatre of operations; list of military units where veteran served;
military occupation specialty; names of units in which veteran
served; veteran's reported exposure to environmental factors; any
traumatic experiences while in the Gulf War; veteran's self-
assessment of health; veteran's functional impairment; report of
birth defects and infant death(s) among veteran's children and/or
problems with pregnancy and infertility; date of registry
examination; veteran's complaints/symptoms; consultations; diagnoses;
disposition (hospitalized, referred for outpatient treatment, etc.);
whether veteran had an unexplained illness and had further tests and
consultations and diagnoses as part of a Phase II, Uniform Case
Assessment Examination; and name and signature of examiner/clinician
coordinator, when provided. Similar responses for spouse and children
of Gulf War veterans examined by non-VA physicians are contained in
the records.
Another category of data entries is obtained from depleted
uranium (DU) questionnaires, a supplement to the Gulf War code sheet.
The data entries may contain the facility identifier where the
information was completed; demographic information (name and social
security number); daytime and evening phone numbers; date of
questionnaire completion; date of arrival in and departure from the
Gulf War theatre of operations; source of referral to VA medical
center for evaluation; where veteran served (i.e., Iraq, Kuwait,
Saudi Arabia, the neutral zone [between Iraq and Saudi Arabia],
Bahrain, Qatar, the United Arab Emirates, Oman, Gulf of Aden, Gulf of
Oman and the Waters of the Persian Gulf, Arabian Sea and Red Sea);
capacity in which veteran served; questions relating to potential
inhalation exposures to DU including those on, in, or near vehicles
hit with friendly fire or enemy fire, entering burning vehicles,
individuals near fires involving DU munitions, individuals salvaging
damaged vehicles, and those near burning vehicles; whether veteran
was wounded, retained DU fragments in veteran's body, handled DU
penetrator rounds or any other exposures to DU; whether a 24-hour
urine collection for uranium was performed; name, title and signature
of examiner/environmental health clinician, when provided, and
results of urine uranium tests, expressed per microgram per gram
creatinine.
Authority for maintenance of the system:
Title 38, United States Code (U.S.C.) 1710(e)(1)(B) and Sec.
1720E.
Purpose(s):
The records will be used for the purpose of providing information
about: Veterans who have had a GWR examination at a VA facility and
their spouses and/or children who have had examinations by VA or non-
VA clinicians to assist in generating hypotheses for research
studies; providing management with the capability to track patient
demographics; reporting birth defects among veterans' children and
grandchildren; planning the delivery of health care services and
associated cost; and assisting in the adjudication of claims possibly
related to exposure to a toxic substance or environmental hazard.
Routine uses of records maintained in the system, including
categories of users and the purposes of such uses:
VA may disclose protected health information pursuant to the
following routine uses where required by law, or required or
permitted by 45 CFR parts 160 and 164.
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 VA.
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:
a. To any nonprofit organization if the release is directly
connected with the conduct of programs and the utilization of
benefits under Title 38, and
b. To any criminal or civil law enforcement governmental agency
or instrumentality charged under applicable law with the protection
of the public health or safety if a qualified representative of such
organization, agency or instrumentality has made a written request
that such name(s) or address(es) be provided for a purpose authorized
by law; provided, further, that the record(s) will not be used for
any purpose other than that stated in the request and that the
organization, agency or instrumentality is aware of the penalty
provision of 38 U.S.C. 5701(f).
4. Disclosure may be made to the National Archives and Record
Administration (NARA) in records management inspections conducted
under authority of Title 44 United States Code.
5. Disclosure of information, excluding name and address (unless
name and address is furnished by the requestor) for research purposes
determined to be necessary and proper, to epidemiological and other
research facilities approved by the Under Secretary for Health.
6. In order to conduct Federal research necessary to accomplish a
statutory purpose of an agency, at the written request of the head of
the agency, or designee of the head of that agency, the name(s) and
address(es) of present or former personnel or the Armed Services and/
or their dependents may be disclosed
a. to a Federal department or agency, or
b. directly to a contractor of a Federal department or agency.
When a disclosure of this information is to be made directly to the
contractor, VA may impose applicable conditions on the department,
agency, and/or contractor to ensure the appropriateness of the
disclosure to the contractor.
7. VA may disclose on its own initiative any information in this
system, except the names and home addresses of veterans and their
dependents, which is relevant to a suspected or reasonably imminent
violation of law, whether civil, criminal or regulatory in nature and
whether arising by general or program statute or by regulation, rule
or order issued pursuant thereto, to a Federal, state, local, tribal,
or foreign agency charged with the responsibility of investigating or
prosecuting such violation, or charged with enforcing or implementing
the statute, regulation, rule or order. On its own initiative, VA may
also disclose the names and addresses of veterans and their
dependents to a Federal agency charged with the responsibility of
investigating or prosecuting civil, criminal or regulatory violations
of law, or charged with enforcing or implementing the statute,
regulation, rule or order issued pursuant thereto.
8. For program review purposes and the seeking of accreditation
and/or certification, disclosure may be made to survey teams of the
Joint Commission on Accreditation of Healthcare Organizations
(JCAHO), College of American Pathologists, American Association of
Blood Banks, and similar national accreditation agencies or boards
with whom VA has a contract or agreement to conduct such reviews but
only to the extent that the information is necessary and relevant to
the review.
9. Records from this system of records may be disclosed to the
Department of Justice (DOJ) or in a proceeding before a court,
adjudicative body, or other administrative body before which the
Department is authorized to appear when: (a) The Department, or any
component thereof; or (b) any employee of the Department in his or
her official capacity where the DOJ or the Department has agreed to
represent the employee; or (c) the U.S., when the Department
determines that litigation is likely to affect the Department or any
of its components; is a party to litigation, and has an interest in
such litigation, and the use of such records by the DOJ or the
Department is deemed by the Department to be relevant and necessary
to the litigation provided, however, that the disclosure is
compatible with the purpose for which the records were collected.
10. Relevant information may be disclosed to individuals,
organizations, private or public agencies, etc., with whom VA has a
contract or agreement to perform such services as VA may deem
practical for the purposes of laws administered by VA, in order for
the contractor to perform the services of the contract or agreement.
Policies and practices for storing, retrieving, accessing,
RETAINING AND DISposing of records in the system:
Storage:
In 2003, the data collection process moved to a secure web-based
system. Data previously recorded manually and converted to electronic
format is now input through the secure VA Intranet system. Data is
stored on a web server hosted by the AAC and is retrievable by the
facility. Three levels of access are provided for the data that is
input, using password security linked to the AAC Top Secret Security
system, with mandated changes every 90 days. Data from individual
facilities is uploaded nightly and stored on Direct Access Storage
Devices at the AAC, Austin, Texas, and on optical disks at VA Central
Office, Washington, DC. AAC stores registry tapes for disaster back
up at an off-site location. VA Central Office also has back-up
optical disks stored off-site. In addition to electronic data,
registry reports are maintained on paper documents and microfiche.
The optical disk system is currently being utilized where there
is no access to the secure web-based system. The optical disk system
is scheduled to be discontinued in 2004 and all access to the GWR
system will be through the secure web-based data entry system.
Records will be maintained and disposed of in accordance with records
disposition authority approved by the Archivist of the United States.
Retrievability:
Records are indexed by name of veteran and social security
number.
Safeguards:
Access to records at VA Central Office is only authorized to VA
personnel on a ``need to know'' basis. Records are maintained in
manned rooms during working hours. During non-working hours, there is
limited access to the building with visitor control by security
personnel. Registry data maintained at the AAC can only be updated by
authorized AAC personnel.
Data is securely located behind the VA firewall and only
accessible from the VA Local Area Network (LAN) through the VA
Intranet. Read access to the data is granted through a
telecommunications network to authorized VA Central Office staff. AAC
reports are also accessible through a telecommunications network on a
read-only basis to the owner (VA facility) of the data. Access is
limited to authorized employees by individually unique access codes
which are changed periodically.
Physical access to the AAC is generally restricted to AAC staff,
VA Central Office staff, custodial personnel, Federal Protective
Service and authorized operational personnel through electronic
locking devices. All other persons gaining access to the computer
rooms are escorted. Backup records stored off-site for both the AAC
and VA Central Office are safeguarded in secured storage areas. A
disaster recovery plan is in place and system recovery is tested at
an off-site facility in accordance with established schedules.
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 (131), Office of Public
Health and Environmental Hazards, (clinical issues) and Management/
Program Analyst, Environmental Agents Service (131) (administrative
issues), VA Central Office, 810 Vermont Avenue, NW., Washington, DC
20420.
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 facility
where medical care was provided or submit a written request to the
Director, Environmental Agents Service (131), Office of Public Health
and Environmental Hazards or the Management/Program Analyst,
Environmental Agents Service (131), VA Central Office, 810 Vermont
Avenue, NW., Washington, DC 20420. Inquiries should include the
veteran's name, social security number, and return address.
Record access procedures:
An individual who seeks access to records maintained under his or
her name may write or visit the nearest VA facility or write to the
Director, Environmental Agents Service (131) or the Management/
Program Analyst, Environmental Agents Service (131), VA Central
Office, 810 Vermont Avenue, NW., Washington, DC 20420.
Contesting recORDS PROCEDURES:
(See ``Record Access Procedures.'')
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
Veterans Benefits Administration, Department of Defense, Department
of the Army, Department of the Air Force, Department of the Navy and
other Federal agencies.
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.
97VA105
System name:
Consolidated Data Information System-VA.
System location:
Records will be maintained at the following computer site
locations: VA Management Science Group, 200 Springs Road, Bedford,
Massachusetts 01730; and VA Information Resource Center, 5th Avenue &
Roosevelt Road, Hines, Illinois 60141. Copies or parts of these
records may be maintained at the following computer site locations:
VA Automation Center, 1615 Woodward Street, Austin, Texas 78722; and
VA Allocation Resource Center, 100 Grandview Road, Braintree,
Massachusetts 02184.
Categories of individuals covered by the system:
The records include information concerning active duty military
personnel, veterans, their spouses and their dependents, and
individuals who are not VA beneficiaries, but who receive health care
services from VHA.
Categories of records in the system:
The categories of records in the system will include veterans'
names, addresses, dates of birth, VA claim numbers, SSNs, and
military service information; medical benefit application and
eligibility information; code sheets and follow-up notes;
sociological, diagnostic, counseling, rehabilitation, drug and
alcohol, dietetic, medical, surgical, dental, psychological, and/or
psychiatric medical information; prosthetic, pharmacy, nuclear
medicine, social work, clinical laboratory and radiology information;
patient scheduling information; family information such as next of
kin, spouse and dependents; names, addresses, social security numbers
and dates of birth; family medical history, employment information;
financial information; third-party health plan information;
information related to ionizing radiation and Agent Orange; date of
death; VA claim and insurance file numbers; travel benefits
information; military decorations; disability or pension payment
information; information on indebtedness arising from 38 U.S.C.
benefits; medical and dental treatment in the Armed Forces and claim
information; applications for compensation, pension, education and
rehabilitation benefits; information related to incarceration in a
penal institution; medication profile such as name, quantity,
prescriber, dosage, manufacturer, lot number, cost and administration
instruction; pharmacy dispensing information such as pharmacy name
and address.
The records will include information on DoD military personnel
from two categories of DoD files: (1) Utilization files that contain
inpatient and outpatient records, and (2) eligibility files from the
Defense Eligibility Enrollment Reporting System (DEERS) containing
data on all military personnel including those discharged from the
Armed Services since 1972.
The records will include information on Medicare beneficiaries
from HCFA databases: Denominator file (identifies the population
being studied); Standard Analytical files (inpatient, outpatient,
physician supplier, nursing home, hospice, home care, durable medical
equipment); and Group Health Plan.
The records include information on Medicaid beneficiaries'
utilization and enrollment from state databases.
Authority for maintenance of the system:
Section 527 of 38 U.S.C. and the Government Performance and
Results Act of 1993, Pub. L. 103-62.
Purpose(s):
The purpose of this system of records is to conduct statistical
studies and analyses which will support the formulation of
Departmental policies and plans by identifying the total current
health care usage of the VA patient population.
Routine uses of records maintained in the system, including
categories of users and the purposes of such uses:
Information from this system of records may be disclosed in
accordance with the following routine uses:
1. Disclosure of identifying information, such as names, SSNs,
demographic and utilization data, may be made to Federal, State,
local, or tribal agencies such as the DoD, HCFA, and Medicare Payment
Advisory Commission (MedPAC), as part of statistical matching
programs for the purpose of better identifying the total current
health care usage of the patient population served by VA in order to
forecast future demand for VA medical care by VA medical facilities.
2. Disclosure may be made to Federal, State, local, and tribal
government agencies and national health organizations in order to
assist in the development of programs that will be beneficial to
claimants and assure that they are receiving all benefits to which
they are entitled.
3. Disclosure may be made of information relevant to or
indicating 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, to Federal, State, local, or tribal
agencies charged with the responsibility of investigating or
prosecuting such violation or charged with enforcing or implementing
the statute, or rule, regulation or order listed pursuant thereto.
4. Disclosure may be made, excluding name and address (unless
name and address are furnished by the requestor) for research
purposes determined to be necessary and proper, to epidemiological
and other research facilities approved by the Under Secretary for
Health.
5. In order to conduct Federal research necessary to accomplish a
statutory purpose of an agency, at the written request of the
recipient 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 disclosure of this
information is to be made directly to the contractor, VA may impose
applicable conditions on the department, agency and/or contractor to
insure the appropriateness of the disclosure to the contractor.
6. Disclosure may be made to National Archives and Records
Administration (NARA), General Services Administration (GSA) in
records management inspections conducted under authority of 44 U.S.C.
2904 and 2906.
7. Records from this system of records may be disclosed to the
Department of Justice or in a proceeding before a court, adjudicative
body, or other administrative body before which the Agency is
authorized to appear when: The Agency, or any component thereof; or
any employee of the Agency in his or her official capacity; where the
Department of Justice or the Agency has agreed to represent the
employee; or the U.S. when the Agency determines that litigation is
likely to affect the Agency or any of its components, is a party to
litigation, and has an interest in such litigation, and the use of
such records by the Department of Justice or the Agency is deemed by
the Agency to be relevant and necessary to the litigation provided,
however, that the disclosure is compatible with the purpose for which
the records were collected.
8. Disclosure may be made to individuals, organizations, private
or public agencies, etc., with whom VA has a contract or agreement to
perform such services as VA may deem practicable for the purposes of
laws administered by VA, in order for the contractor or subcontractor
to perform the services of the contract or agreement.
Policies and practices for storing, retrieving, accessing,
retaining, and disposing of records in the system:
Storage:
Data are maintained on magnetic tape, disk, or laser optical
media.
Retrievability:
Records may be retrieved by name, name and one or more criteria
(e.g., dates of birth, death and service), SSN or VA claim number.
Safeguards:
1. Access to and use of these records is limited to those persons
whose official duties require such access. Personnel screening is
employed to prevent unauthorized disclosure.
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 VA's automated communications
and veterans' claim records systems. Access to these records in
automated form is controlled by individually unique passwords/codes.
Agency personnel may have access to the information on a need to know
basis when necessary to advise agency security personnel or for use
to suspend or revoke access privileges or to make disclosures
authorized by a routine use.
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:
Copies of back-up computer files will be maintained at VA
Management Science Group, Bedford, Massachusetts, and VA Information
Resource Center, Hines, Illinois.
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, Management Science Group, VA Medical Center, 200
Springs Road, Bedford, Massachusetts 01730.
Notification procedure:
Individuals wishing to inquire whether this system of records
contains information about them should submit a signed written
request to the Director, Management Science Group, VA Medical Center,
200 Springs Road, Bedford, Massachusetts 01730.
Record access procedures:
An individual who seeks access to records maintained under his or
her name or other personal identifier may write the System Manager
named above and specify the information being contested.
Contesting record procedures:
(See Records Access Procedures above.)
Record source categories:
Information may be obtained from the Patient Medical Records
System (24VA136); Patient Fee Basis Medical and Pharmacy Records
(23VA136); Veterans and Beneficiaries Identification and Records
Location Subsystem (38VA23); Compensation, Pension, Education and
Rehabilitation Records (58VA21/22); and Automated Medication
Processing Records (56VA119); DoD utilization files and DEERS files;
and HCFA Denominator file, Standard Analytical files (inpatient,
outpatient, physician supplier, nursing home, hospice, home care,
durable medical equipment) and Group Health Plan, and State Medicaid
beneficiaries' utilization and enrollment databases.
98VA104
System name:
Disaster Emergency Medical Personnel System--VA.
System location:
Records are maintained at each of the Department of Veterans
Affairs (VA) health care facilities. The address locations for VA
facilities were listed in VA Appendix I of the biennial publication
of the VA systems of record. Information from these records or copies
of records may be maintained at the Department of Veterans Affairs,
810 Vermont Avenue, NW, Washington, DC 20420; Network Directors'
Offices; Emergency Management Strategic Healthcare Group
Headquarters, VA Medical Center, Martinsburg, WV 25401; or with the
Area Emergency Managers located at VA facilities.
Categories of individuals covered by the system:
VA employees who make application to VA and are considered for
deployment as health care providers primarily in times of national
emergencies in response to domestic disasters resulting from natural
and technological hazards, terrorist attacks, and the employment of
nuclear, biological, and/or chemical weapons of mass destruction.
These individuals may include audiologists, dentists, dietitians,
expanded-function dental auxiliaries, licensed practical vocational
nurses, nuclear medicine technologists, nurse anesthetists, nurse
practitioners, nurses, occupational therapists, optometrists,
clinical pharmacists, licensed physical therapists, physician
assistants, physicians, podiatrists, psychologists, registered
respiratory therapists, certified respiratory therapy technicians,
diagnostic and therapeutic radiology technologists, social workers,
speech pathologists, contracting specialists, building maintenance,
engineering, housekeeping, and other personnel associated with
emergency management.
Categories of records in the system:
Information on VA employees who make application to be deployed
as health care providers primarily in times of national emergencies.
This source document provides personal and demographic information
initiated, provided and authenticated by the employee and contains
the necessary approvals and signatures of officials in the
supervisory chain for the employee's inclusion in the data base.
Information is provided on a voluntary basis. Information related to
identifying and selecting individuals by the Emergency Management
Strategic Healthcare Group, networks and medical centers eligible to
support specific job tasking and assignments during either disasters
internal to the Veterans Health Administration health care system, or
external to VHA for which the VA is tasked to provide support, under
applicable authorities. Requests for issuance of travel orders and
necessary reimbursement to VA for subsequent allocation of funds to
home stations of deployed personnel are required to cover costs of
travel, overtime and other expenses associated with individual
deployments. This information is necessary to account for personnel
deployed to support disasters, to identify personnel with specific
job skills and experience that may be required to support contingency
missions tasked to VA under the VA/Department of Defense (DoD)
Contingency Plan, and for the development of plans at the corporate,
network and medical center level for utilization of VHA personnel in
support of VA internal and external disasters.
Authority for maintenance of the system:
Authority for maintenance of this system of records is Executive
Order 12656 dated November 18, 1988.
Purpose(s):
The records may be used for such purpose as to provide
information on sufficient health care medical personnel to respond to
disasters, to provide information to the Emergency Management
Strategic Healthcare Group primarily in times of national emergencies
caused by catastrophic events, and to respond to internal emergencies
occurring within the Veterans Integrated Service Networks.
Routine uses of records maintained in the system, including
categories of users and the purposes of such uses:
Information may be disclosed for routine uses as indicated below:
1. Selected information (such as name, social security number,
home station and telephone numbers) may be disclosed to other Federal
departments and agencies that have an interest in or obligation to
track or otherwise audit transfer of funds to VA for reimbursement of
tasks.
2. Statistical information and other data may be disclosed to
Federal, State and local government agencies to assist in disaster
planning and after-action reports.
3. When a record on its face, or in conjunction with other
records, indicates a violation or potential violation of law, whether
civil, criminal or regulatory in nature, and whether arising by
general statute or particular program statute, or by regulation, rule
or order issued pursuant thereto, disclosure may be made to the
appropriate agency, whether Federal, foreign, State, local, or
tribal, or other public authority responsible for enforcing,
investigating or prosecuting such violation or charged with enforcing
or implementing the statute, or rule, regulation, or order issued
pursuant thereto, if the information disclosed is relevant to any
enforcement, regulatory, investigative or prosecutive responsibility
of the receiving entity.
4. Disclosure may be made to any source, such as a police
department or the Federal Bureau of Investigation, from which
additional information is requested to the extent necessary to
identify the individual, inform the source of the purpose(s) of the
request, and to identify the type of information requested such as
DEMPS personnel present at a crime scene caused by terrorists.
5. Disclosure may be made to an agency in the executive,
legislative, or judicial branch, or the District of Columbia's
Government in response to its request, or at the initiation of VA,
for information in connection with the selection of an employee for
the deployment and future training of an individual, the letting of a
contract, the issuance of a license, grant, or other benefits by the
requesting agency, or the lawful statutory, administrative, or
investigative purpose of the agency to the extent that the
information is relevant and necessary to the requesting agency's
deployment/Federal Response Plan needs.
6. Disclosure may be made to a Member of Congress or to a
congressional staff member in response to an inquiry of the
congressional office made at the written request of the constituent
about whom the record is maintained.
7. Disclosure may be made to the National Archives and Records
Administration (NARA) in records management inspections conducted
under authority of 44 U.S.C. 2904 and 2906.
8. Disclosure may be made to a Federal agency or to a State or
local government licensing board, and/or to the Federation of State
Medical Boards, or a similar non-government entity, provided the
entity maintains records concerning individuals' employment
histories, is engaged in the issuance, retention or revocation of
licenses, certifications, or registration necessary to practice an
occupation, profession or specialty. The disclosure is for the
Department to obtain information relevant to a Department decision
concerning the hiring, retention or termination of an employee, or to
inform a Federal agency, licensing boards or to the appropriate non-
government entities about the health care practices of a terminated,
resigned, or retired health care employee whose professional health
care activity so significantly failed to conform to generally
accepted standards of professional medical practice as to raise
reasonable concern for the health and safety of patients receiving
medical care in the private sector or from another Federal agency.
These records may also be disclosed as part of an ongoing computer
matching program to accomplish these purposes.
9. 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) when the disclosure is in
the best interest 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 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.
10. Information may be disclosed to a State or local government
entity or national certifying body that has the authority to make
decisions concerning the issuance, retention or revocation of
licenses.
11. Information may be disclosed to the Department of Justice and
United States Attorneys in defense or prosecution of litigation
involving the United States, and to Federal agencies upon their
request in connection with review of administrative tort claims filed
under the Federal Tort Claims Act, 28 U.S.C. 2672.
12. Information on deployment to Federal/VHA emergencies,
performance, or other personnel-related material may be disclosed to
any facility with which there is, or there is proposed to be, an
affiliation, sharing agreement, contract, or similar arrangement, for
purposes of establishing, maintaining, or expanding any such
relationship.
13. Information concerning a health care provider's professional
qualifications and clinical privileges may be disclosed to a VA/
emergency disaster-served client patient, or the representative or
guardian of a patient who, due to physical or mental incapacity,
lacks sufficient understanding 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.
14. Information may be disclosed to officials of labor
organizations recognized under 5 U.S.C. chapter 71, when relevant and
necessary to their duties of exclusive representation concerning
personnel policies, practices, and matters affecting working
conditions.
15. Information may be disclosed to the VA-appointed
representative of an employee of all notices, determinations,
decisions, or other written communications issued to the employee in
connection with an examination ordered by VA under medical evaluation
(formerly fitness-for-duty) examination procedures or Department-
filed disability retirement procedures.
16. Information may be disclosed to officials of the Merit
Systems Protection Board, including the Office of the Special
Counsel, when requested in connection with appeals, special studies
of the civil service and other merit systems, review of rules and
regulations, investigation of alleged or possible prohibited
personnel practices, and such other functions, promulgated in 5
U.S.C. 1205 and 1206, or as may be authorized by law.
17. Information may be disclosed to the Equal Employment
Opportunity Commission when requested in connection with
investigations of alleged or possible discrimination practices,
examination of Federal affirmative employment programs, compliance
with the Uniform Guidelines of Employee Selection Procedures, or
other functions vested in the Commission by the President's
Reorganization Plan No. 1 of 1978.
18. Information may be disclosed to the Federal Labor Relations
Authority (including its General Counsel) when requested in
connection with investigation and resolution of allegations of unfair
labor practices, and in connection with the resolution of exceptions
to arbitrator awards when a question of material fact is raised.
19. Disclosure may be made to agency contractors, grantees, or
volunteers who have been engaged to assist the agency in the
performance of a contract service, grant, cooperative agreement, or
other activity related to this system of records and who need to have
access to the records in order to perform the activity. Recipients
shall be required to comply with the requirement of the Privacy Act
of 1974, as amended, 5 U.S.C. 552a.
5Disclosure to consumer reporting agencies:
Reports of all transactions dealing with data will be used within
VA and will not be provided to any consumer-reporting agency.
Policies and practices for storing, retrieving, accessing,
Retaining and Disposing of records in the system:
Storage:
Automated records are maintained at all levels of management
outlined in system location. Automated information may be stored on
microfilm, magnetic tape, disk, or call down data bases.
Retrievability:
Records are retrieved from the system by the name, professional
title, social security number, VISN, home station, professional
specialty, job position title, etc., 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 Veterans Health Information Systems Technology
Architecture (VISTA) computer room within the health care facilities
is generally limited by appropriate security devices and restricted
to authorized VA employees and vendor personnel. ADP peripheral
devices are generally placed in secure areas (areas that are locked
or have limited access) or are otherwise protected. Authorized VA
employees may access information in the VISTA system. Access to file
information is controlled at two levels: The system recognizes
authorized employees by a series of individually unique passwords/
codes as a part of each data message, and the employees are limited
to only that information in the file which is needed in the
performance of their official duties.
Retention and disposal:
An automated database of DEMPS personnel will be maintained at
the employing VA facility. If the individual transfers to another VA
facility location, the name will be added to the database at the new
location. Information stored on electronic storage media is
maintained and disposed of in accordance with the records disposition
authority approved by the Archivist of the United States.
System manager(s) and address:
Official responsible for maintaining the system: Director,
Emergency Management Strategic Healthcare Group (EMSHG) (104), VA
Medical Center, Martinsburg, West Virginia, 25401.
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 as a deployment volunteer, 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 record procedures:
(See Record Access Procedures above.)
Record source categories:
The information will be provided by the individual VA employee
and the VA medical facility (home station) or other VA location at
which the employee was employed. EMSHG Headquarters will also provide
information for updates of deployment status and availability.
100VA10NS10
System name:
Patient Representation Program Records--VA.
System location:
Records are maintained at each Department of Veterans Affairs'
(VA) healthcare facility (in most cases, back-up computer tape
information is stored at off-site locations). Address locations for
VA facilities are listed in VA appendix 1. In addition, information
from these records or copies of records may be maintained at the
Department of Veterans Affairs, 810 Vermont Avenue, NW., Washington
DC, 20420; Veterans Integrated Service Networks (VISNs); and, Austin
Automation Center (AAC), Austin, Texas.
Categories of individuals covered by the system:
The records include information concerning individual patients,
veterans who have applied for care, their friends, their families, VA
healthcare providers and members of the community. Members of the
community include congressional liaisons, veterans service
organizations and attorneys.
Categories of records in the system:
The records may include information maintained in paper records,
and entered into the Veterans Health Information Systems and
Technology Architecture (VistA), related to concerns and complaints
regarding an individual's medical care, VA benefits, and/or
encounters with healthcare facility personnel. The records include
information that is compiled to review, investigate, and resolve
these issues.
Authority for maintenance of the system:
Title 38, United States Code, chapter 73, section 7301 (b).
Purpose(s):
The records may be used for such purposes as producing various
management and patient follow-up reports; responding to patient and
other inquiries; conducting healthcare-related studies, statistical
analysis, and resource allocation planning; providing clinical and
administrative support to patient medical care; audits, reviews and
investigations conducted by the staff of the healthcare facility,
VISN, VHA Headquarters, and VA's Office of Inspector General (OIG);
law enforcement investigations; quality improvement reviews and
investigations; personnel management and evaluation; employee ratings
and performance evaluations; employee disciplinary or other adverse
action, including discharge; advising healthcare professional
licensing or monitoring bodies or similar entities or activities of
VA and former VA healthcare personnel; accreditation of a facility by
an entity such as the Joint Commission on Accreditation of Healthcare
Organizations (JCAHO); and, notifying medical schools of medical
students' performance. The information is integrated into the overall
quality improvement plans and activities of the facility and used to
improve services and communications, as well as, to track categories
of complaints and the locations of complaints in order to improve the
delivery of healthcare.
Routine uses of records maintained in the System Including
categories of users and the purposes of such uses:
1. Disclosure may be made to a Congressional office from the
record of an individual in response to an inquiry from the
Congressional office made at the written request of that individual.
2. Disclosure may be made to the National Archives and Record
Administration (NARA) for records management inspections conducted
under authority of Title 44, United States Code.
3. Disclosure may be made to the Department of Justice and United
States Attorneys in defense or prosecution of litigation involving
the United States, and to Federal agencies upon their request in
connection with review of administrative tort claims filed under the
Federal Tort Claims Act, 28 U.S.C. 2672.
4. Disclosure may be made to any facility regarding the hiring,
performance, or other personnel-related information with which there
is, or there is proposed to be, an affiliation, sharing agreement,
contract, or similar arrangement for purposes of establishing,
maintaining, or expanding any such relationship.
5. Disclosure may be made to a Federal agency or to a State or
local government licensing board and/or to the Federation of State
Medical Boards or a similar non-government entity which maintains
records concerning individual employment histories or concerning the
issuance, retention or revocation of licenses, certifications, or
registration necessary to practice an occupation, profession or
specialty, in order for the Department to obtain information relevant
to a Department decision concerning the hiring, retention or
termination of an employee or to inform Federal agencies, licensing
boards or the appropriate non-government entities about the
healthcare practices of employees who resigned, were terminated, or
retired and whose professional healthcare activity so significantly
failed to conform to generally accepted standards of professional
medical practice as to raise reasonable concern for the health and
safety of patients receiving medical care in the private sector or
from another Federal agency. These records may also be disclosed as
part of an ongoing computer-matching program to accomplish these
purposes.
6. For program review purposes and the seeking of accreditation
and/or certification, disclosure may be made to survey teams of
JCAHO, College of American Pathologists, American Association of
Blood Banks, and similar national accreditation agencies or boards
with whom VA has a contract or agreement to conduct such reviews, but
only to the extent that the information is necessary and relevant to
the review.
7. Disclosure may be made to a State or local government entity
or national certifying body which has the authority to make decisions
concerning the issuance, retention or revocation of licenses,
certifications or registrations required to practice a healthcare
profession, when requested in writing by an investigator or
supervisory official of the licensing entity or national certifying
body for the purpose of making a decision concerning the issuance,
retention or revocation of the license, certification or registration
of a named healthcare professional.
8. Disclosure of information to the Federal Labor Relations
Authority (FLRA) (including its General Counsel) when requested in
connection with the investigation and resolution of allegations of
unfair labor practices, in connection with the resolution of
exceptions to arbitration awards when a question of material fact is
raised, in connection with matters before the Federal Service
Impasses Panel, and to investigate representation petitions and
conduct or supervise representation elections.
9. Disclosure of relevant information may be made to individuals,
organizations, private or public agencies, etc., with whom VA has a
contract or agreement to perform such services as VA may deem
practicable for the purposes of laws administered by VA, in order for
the contractor or subcontractor to perform the services of the
contract or agreement.
10. Disclosure may be made to a Federal agency, in response to
its request, in connection with the hiring or retention of an
employee, the issuance of a security clearance, the reporting of an
investigation of an employee, the letting of a contract, or the
issuance of a license, grant, or other benefit by the requesting
agency, to the extent that the information is relevant and necessary
to the requesting agency's decision on the matter.
11. Disclosure may be made to a Federal, State or local agency
maintaining civil, criminal or other relevant information such as
current licenses, if necessary to obtain information relevant to any
agency decision concerning the hiring or retention of an employee,
the issuance of a security clearance, the letting of a contract, or
the issuance of a license, grant or other health, educational or
welfare benefit.
12. Disclosure of information may be made to the next-of-kin and/
or the person(s) with whom the patient has a meaningful relationship
to the extent necessary and on a need-to-know basis consistent with
good medical-ethical practices.
13. A record containing the name(s) and address(es) of present or
former members of the armed services and/or their dependents may be
disclosed under certain circumstances: (1) To any non-profit
organization if the release is directly connected with the conduct of
programs and the utilization of benefits under Title 38 U.S.C.; and
(2) to any criminal or civil law enforcement governmental agency or
instrumentality charged under applicable law with the protection of
the public's health or safety, if a qualified representative of such
organization, agency or instrumentality has made a standing written
request that such name(s) or address(es) be provided for a purpose
authorized by law; provided that the record(s) will not be used for
any purpose other than that stated in the request and that
organization, agency or instrumentality is aware of the penalty
provision of 38 U.S.C. 5701(f).
14. VA may disclose on its own initiative any information in this
system, except the names and home addresses of veterans and their
dependents, which is relevant to a suspected or reasonably imminent
violation of law, whether civil, criminal or regulatory in nature and
whether arising by general or program statute or by regulation, rule
or order issued pursuant thereto, to a Federal, State, local or
foreign agency charged with the responsibility of investigating or
prosecuting such violation, or charged with enforcing or implementing
the statute, regulation, rule or order. On its own initiative, VA may
also disclose the names and addresses of veterans and their
dependents to a Federal agency charged with the responsibility of
investigating or prosecuting civil, criminal or regulatory violations
of law, or charged with enforcing or implementing the statute,
regulation, rule or order issued pursuant thereto.
Policies and practices for storing, retrieving, accessing,
retaining and disposing of records in the system:
Storage:
Records are maintained on paper, magnetic tape, disk, or laser
optical media. Information on automated storage media includes record
information stored in the VistA system. 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 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. Access to VistA at healthcare facilities is generally limited
by appropriate locking devices and restricted to authorized VA
employees and vendor personnel. Peripheral devices are placed in
secure areas (areas that are locked or have limited access) or are
otherwise protected. Information in the VistA system may only be
accessed by authorized VA employees and vendor personnel. Access to
file information is controlled at two levels: the systems recognize
authorized employees by series of individually unique passwords/codes
as part of each data message, and the employees are limited to only
that information in the file which is needed in the performance of
their official duties. Information that is downloaded from VistA and
maintained on personal computers is afforded similar storage and
access protections as the data that is maintained in the original
files. Access to information stored on automated storage media at
other VA locations is controlled by individually unique passwords/
codes.
3. Data maintained at the AAC can only be updated by authorized
AAC personnel. Access is limited to authorized employees by
individually unique access codes that are changed periodically.
Physical access to the AAC is generally restricted to AAC staff, VA
Headquarters' employees, custodial personnel, Federal Protective
Service and authorized operational personnel through electronic
locking devices. All other persons gaining access to the computer
rooms are escorted.
Retention and disposal:
Paper records and information stored on electronic storage media
are maintained and disposed of in accordance with the records
disposition authority approved by the Archivist of the United States.
System manager(s) and address:
Official responsible for policies and procedures: Program
Manager, National VA Patient Representation Program (10NS10), VA
Medical Center, 1900 E. Main, Danville, Illinois 61832. Officials
maintaining the system: Director at the facility where the
individuals made contact.
Notification procedure:
Individuals who wish to determine whether this system of records
contains information about them should contact the VA facility
location where they made or have contact. Inquiries should include
the person's full name, social security number, date(s) of contact
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 contact.
Record source categories:
The patient, family members, and friends, employers or other
third parties when otherwise unobtainable from the patient or family;
Patient Medical Records--VA (24VA136); private medical facilities and
healthcare professionals; State and local agencies; other Federal
agencies; VISNs, Veterans Benefits Administration automated record
systems (including Veterans and Beneficiaries Identification and
Records Location Subsystem--VA (38VA23) and the Compensation,
Pension, Education and Rehabilitation Records--VA (58VA21/22); and
various automated systems providing clinical and managerial support
at VA healthcare facilities.
101VA05
System name:
Professional Standards Board Action and Proficiency Rating Folder
(Title 38)--VA.
System location:
Active records are maintained at the Department of Veterans
Affairs (VA) Central Office, 810 Vermont Avenue, NW, Washington, DC
20420 and VA field facilities. Inactive records are retired to the
National Personnel Records Center, 111 Winnebago Street, St. Louis,
MO 63118. When VA determines that all or a portion of these records
need to be maintained in a different location, e.g., VA Central
Office, such records are covered by this system.
Categories of individuals covered by the system:
Current and former employees appointed under 38 U.S.C. 7306,
7401(1), 7401(3), and 7405, except students, trainees, medical
support personnel, and those appointed on a fee or without
compensation basis. This includes employees such as physicians,
dentists, podiatrists, optometrists, nurses, nurse anesthetists,
physician assistants, expanded-function dental auxiliaries, certified
respiratory therapy technicians, registered respiratory therapists,
licensed physical therapists, licensed practical or vocational
nurses, occupational therapists, and pharmacists. This system of
records does not cover applicants for positions covered by this
system of records. Such individuals are covered by the system of
records entitled Applicants for Employment Under Title 38, USC-VA
(02VA135). It also does not cover the performance appraisals of Title
38 employees appointed under 38 U.S.C. 7306, facility Directors
appointed under 38 U.S.C. 7401(1), or ``hybrid'' title 38 employees
appointed under 38 U.S.C. 7401(3) or 7405(a)(1)(B). The performance
appraisals of these employees are covered under the Employee
Performance File System of Records (OPM/GOVT-2).
Categories of records in the system:
All categories of records may include identifying information,
such as name, date of birth, Social Security number, service
computation date, facility number, current position title, and the
employee's current grade, level, and step rate. Records in this
system include:
a. Copies of the employee's employment application, curriculum
vitae, and transcripts of higher education. The original documents
are maintained in the General Personnel Records (Title 38)--VA
(76VA05).
b. Board Actions (VA Form 2543) and recommendations/documentation
associated with those actions. The Title 38 personnel system utilizes
a peer review process for making recommendations concerning
appointments, advancements, awards, promotion reconsideration,
conversions from one type of Title 38 appointment to another, and
other personnel actions. After receiving input from an employee's
supervisor, the appropriate Professional Standards Board (the
employee's peers) makes recommendations for consideration by
appropriate management officials. The recommendations and management
action taken are recorded on the VA Form 2543. The VA Form 2543
documenting recommendations and management actions taken because of a
probationary review, separation based on pre-employment suitability,
or separation based on failure to meet required physical standards
are also included in this system of records. However, all supporting
documents associated with the actions in the preceding sentence are
to be included in the records system 102VA05. This includes notices
of proposed action, materials relied on by VA to support the
reason(s) for the action, replies by employees, statements of
witnesses, hearing notices, and other reports related to these
actions.
c. Proficiency reports documenting the proficiency ratings of
employees and any comments associated with those proficiency reports.
d. On-going, periodic assessments of an employee's education,
experience, and training to ensure they can effectively meet the
requirements of their position (i.e., competency assessments and
associated documents).
Authority for maintenance of the system:
38 U.S.C. 501(a), 7304 and 7406(c)(1).
Purpose(s):
This system is a repository for Professional Standards Board
recommendations and the information needed to make those
recommendations (e.g., employment applications, transcripts of higher
education, and proficiency reports). It also contains a record of
management actions taken with respect to Professional Standards Board
recommendations. The actions taken give legal force and effect to
personnel transactions and establish employee rights and benefits
under pertinent laws and regulations governing Federal employment.
They also provide a basic source of factual data about a person's VA
employment. Records in this system assist Professional Standards
Boards and others to determine whether a variety of personnel actions
are appropriate. They are also used to obtain information needed to
provide other personnel services.
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 course or programs, private schools,
etc.) for training purposes.
2. To disclose relevant information to third parties considering
VA employees for awards or recognition and to publicize information
about such awards or recognition. This may include disclosures to
public and private organizations, including news media, which grant
or publicize employee awards or honors.
3. To disclose information about incentive awards and other
awards or honors granted by VA. This may include disclosure to public
and private organizations, including news media, which publicize such
recognition.
4. To disclose the information listed in 5 U.S.C. 7114(b)(4) to
officials of labor organizations recognized under 5 U.S.C. Chapter 71
when relevant and necessary to their duties of exclusive
representation concerning personnel policies, practices, and matters
affecting working conditions.
5. VA may, on its own initiative, disclose relevant information
to a Federal agency (including Offices of the Inspector General),
State, or local agency responsible for investigating, prosecuting,
enforcing, or implementing a statute, rule, or regulation if there is
reason to believe that a violation may have occurred. This routine
use does not authorize disclosures in response to requests for
information for civil or criminal law enforcement activity purposes,
nor does it authorize disclosure of information in response to court
orders. Such requests must meet the requirements of 5 U.S.C.
552a(b)(7) or (b)(11), as applicable.
6. To disclose pertinent information to any source when necessary
to obtain information relevant to a conflict-of-interest
investigation or determination.
7. To disclose information to any source from which additional
information is requested (to the extent necessary to identify the
individual, inform the source of the purposes(s) of the request, and
to identify the type of information requested), when necessary to
obtain information relevant to an agency decision concerning the
hiring or retention of an employee, the issuance of a security
clearance, the conducting of a security or suitability investigation
of an individual, the letting of a contract, or the issuance of a
license, grant, or other benefit.
8. To disclose to an agency in the executive, legislative, or
judicial branch, or the District of Columbia's Government in response
to its request, or at the initiation of VA, information in connection
with the hiring of an employee, the issuance of a security clearance,
the conducting of a security or suitability investigation of an
individual, the letting of a contract, the issuance of a license,
grant or other benefit by the requesting agency, or the lawful
statutory or administrative purpose of the agency to the extent that
the information is relevant and necessary to the requesting agency's
decision.
9. To disclose relevant information to non-Federal agencies
(i.e., State or local governments), and private sector organizations,
boards, bureaus, or commissions (e.g., the Joint Commission on
Accreditation of Healthcare Organizations) when such disclosures are
required to obtain accreditation or other approval ratings.
10. To disclose information to the Office of Management and
Budget at any stage in the legislative coordination and clearance
process in connection with private relief legislation as set forth in
OMB Circular No. A-19.
11. To provide information to a congressional office from the
records of an individual in response to an inquiry from the
congressional office made at the request of the individual.
12. VA may, on its own initiative, disclose information to
another Federal agency, court, or party in litigation before a court
or other administrative proceeding conducted by a Federal agency, if
VA is a party to the proceeding and VA needs to disclose such
information to protect its interests.
13. To disclose information to the National Archives and Records
Administration (NARA) for records management inspections conducted
under authority of 44 U.S.C. 2904 and 2906.
14. To disclose to persons engaged in research and survey
projects information necessary to locate individuals for personnel
research or survey response, and to produce summary descriptive
statistics and analytical studies in support of the function for
which the records are collected and maintained, or for related
workforce studies. While published statistics and studies do not
contain individual identifiers, in some instances, the selection of
elements of data included in the study may be structured in such a
way as to make the date individually identifiable by inference.
15. To provide an official of another Federal agency information
needed in the performance of official duties related to reconciling
or reconstructing data files in support of the functions for which
the records were collected and maintained.
16. When an individual to whom records pertain is mentally
incompetent or under other legal disability, information in the
individual's records may be disclosed to any person or entity
responsible for managing the individual finances to the extent
necessary to ensure payment of benefits to which the individual is
entitled.
17. To disclose information to officials of the Merit Systems
Protection Board or the Office of the Special Counsel, when requested
in connection with appeals, special studies of the civil service and
other merit systems, review of rules and regulations, investigation
of alleged or possible prohibited personnel practices, and such other
functions, promulgated in 5 U.S.C. 1205 and 1206, or as may be
authorized by law.
18. To disclose information to the Equal Employment Opportunity
Commission when requested in connection with investigations of
alleged or possible discriminatory practices, examination of Federal
affirmative employment programs, or for other functions of the
Commission as authorized by law.
19. To disclose to the Federal Labor Relations Authority
(including its General Counsel) information related to the
establishment of jurisdiction, the investigation and resolution of
allegations of unfair labor practices, or information in connection
with the resolution of exceptions to arbitration awards when a
question of material fact is raised; to disclose information in
matters properly before the Federal Services Impasses Panel.
20. Records from this system of records may be disclosed to a
Federal, State, or local government agency or licensing board and/or
to the Federation of State Medical Boards or a similar non-government
entity. These entities maintain records concerning individuals'
employment or practice histories or concerning the issuance,
retention, or revocation of licenses or registration necessary to
practice an occupation, profession, or specialty. Disclosures would
be made for the Agency to obtain information determined relevant to
an Agency decision concerning the hiring, retention, or termination
of an employee. Disclosures may also be made to inform licensing
boards or the appropriate non-governmental entities about the health
care practices of a terminated, resigned or retired health care
employee whose professional health care activity so significantly
failed to conform to generally accepted standards of professional
practice as to raise reasonable concern for the health and safety of
patients.
21. To disclose relevant information to the Department of Justice
and United States Attorneys in defense or prosecution of litigation
involving the United States and to Federal agencies upon their
request in connection with review of administrative tort claims filed
under the Federal Tort Claims Act, 28 U.S.C. 2672.
22. To disclose relevant and necessary hiring, performance, or
other personnel-related information to any facility with which there
is, or there is proposed to be, an affiliation, sharing agreement,
contract, or similar arrangement, for purposes of establishing,
maintaining, or expanding any such relationship.
23. Identifying information in this system, including name,
Social Security number, and other information as is reasonably
necessary to identify such an individual, may be disclosed to the
National Practitioner Data Bank (NPDB) at the time of hiring and/or
clinical privileging/reprivileging of health care practitioners, and
other times as deemed necessary by VA, in order for VA to obtain
information relevant to a Department decision concerning the hiring,
privileging/reprivileging, retention, or termination of the applicant
or employee.
24. Relevant information from this system of records may be
disclosed to the NPDB or to a State or local government licensing
board which maintains records concerning the issuance, retention, or
revocation of licenses, certifications, or registrations necessary to
practice an occupation, profession, or specialty when under the
following circumstances, through peer review process that is
undertaken pursuant to VA policy, negligence, professional
incompetence, responsibility for improper care, and/or professional
misconduct has been assigned to a physician or licensed or certified
health care practitioner: (1) On any payment in settlement of (or
partial settlement of, or in satisfaction of) a judgement in a
medical malpractice action or claim; or, (2) on any final decision
that adversely affects the clinical privileges of a physician or
practitioner for a period of more than 30 days.
25. To disclose information to contractors, subcontractors,
grantees, or others performing or working on a contract, grant, or
cooperative agreement for the Federal government, provided disclosure
is in the interest of the Government and the information to be
disclosed is relevant and necessary for accomplishing the intended
uses of the information and necessary to perform services under the
contract, grant, or cooperative agreement.
26. Information from this system of records will be disclosed to
the Healthcare Integrity and Protection Data Base as required by
section 1122E of the Social Security Act (as added by Sec. 221(a) of
Pub. L. 104-191) and the associated implementing regulations issued
by the Department of Health and Human Services, 45 CFR Part 61. For
example, VA is required to report adjudicated adverse personnel
actions based on acts or omissions that either affected or could have
affected the delivery of health care services.
Policies and practices for storing, retrieving, accessing,
retaining, and disposing of records in the system:
Storage:
These records may be maintained in file folders, on lists and
forms, on microfilm or microfiche, and in computer processable
storage media.
Retrievability:
These records may be retrieved using various combinations of
name, birth date, Social Security number, or identification number of
the individual on whom they are maintained.
Safeguards:
Access to areas where these records are maintained is restricted
to VA employees, contractors, or subcontractors on a ``need to know''
basis; strict control measures are enforced to ensure that disclosure
to these individuals is also based on this same principle. File areas
are locked after normal duty hours and are protected from outside
access by VA police officers or other types of alarm systems.
Retention and disposal:
The Professional Standards Board Action and Proficiency Rating
Folder is maintained for the period of the employee's service in VA
and is then transferred with the Merged Records Personnel Folder to
the National Personnel Records Center (NPRC) for storage, or, as
appropriate, to the next employing Federal agency.
a. VA maintains the Professional Standards Board Action and
Proficiency Rating Folder as long as VA employs the individual.
Within 90 days after the individual separates from Federal
employment, the record is sent with the Merged Records Personnel
Folder to the NPRC for long-term storage. The records of retired
employees or employees who die in service are sent to the Records
Center within 120 days of the retirement or death.
b. Records in this system must be maintained and disposed of in
accordance with General Records Schedule 1, VA Records Control
Schedule 10-1, the Office of Personnel Management Guide to Federal
Recordkeeping, and the Memorandum of Understanding concerning this
subject between VA, the Office of Personnel Management, and National
Archives and Records Administration.
System manager(s) and address:
Deputy Assistant Secretary for Human Resources Management (05),
Department of Veterans Affairs, 810 Vermont Avenue, NW, Washington,
DC 20420.
Notification procedure:
Individuals wishing to inquire whether this system of records
contains information about them should contact the appropriate office
as follows:
a. Non-VA Federal employees should contact the responsible office
(as designated by their agency) regarding records in this system. VA
employees should contact the office responsible for human resources
management at their installation.
b. Former Federal employees should contact the National Personnel
Records Center (Civilian), 111 Winnebago Street, St. Louis, Missouri
63118, regarding the records in this system. Individuals must furnish
the following information so their records may be located and
identified: full name(s), date of birth, Social Security number, last
employing agency (including duty station), approximate dates of
employment, and signature.
Record access procedures:
(See Notification Procedure).
Contesting record procedures:
Current employees wishing to request amendment of their records
should contact the office responsible for human resources management
at their current installation. Former employees should contact the
Deputy Assistant Secretary for Human Resources Management. (See
System Manager and Address.) Individuals must furnish the following
information for their records to be located and identified: Full
name(s); date of birth; Social Security number; and signature. To
facilitate identification of records, former employees must also
provide the name of their last Department of Veterans Affairs
facility and approximate dates of employment.
Record source categories:
Employees, supervisors, managers, members of Professional
Standards Boards, and other VA officials provide the information in
this system of records. Individuals or other entities outside of VA
may also provide relevant and necessary information. For example,
organizations where the subject previously worked may provide
information.
102VA05
System name:
Agency-Initiated Personnel Actions (Title 38)-VA.
System location:
All records related to Disciplinary Appeals Boards are maintained
at VA Central Office, 810 Vermont Avenue, NW, Washington, DC 20420.
All other records in this system are maintained at the Department of
Veterans Affairs (VA) Central Office, 810 Vermont Avenue, NW,
Washington, DC 20420 and/or VA field facilities.
Categories of individuals covered by the system:
Current and former employees appointed under 38 U.S.C. 7306,
7401(1), or 7405(a)(1)(A), except those appointed on a without
compensation basis. This includes employees such as physicians,
dentists, podiatrists, optometrists, nurses, nurse anesthetists,
physician assistants and expanded-function dental auxiliaries.
Categories of records in the system:
All categories of records may include identifying information,
such as name, address, Social Security number, current position
title, employing facility, and the employee's current grade, level,
or step rate. This system contains supporting documentation related
to processing actions covered by this system of records. This
includes, as appropriate, designations of board members and employee
representative, copies of the notice of proposed action, materials
relied on by the Agency to support the reasons in the notice, replies
by the employee, statements of witnesses, hearing notices, reports,
related correspondence, and Agency decisions.
Authority for maintenance of the system:
37 U.S.C. 501(a), 7304, and 7406(c)(1).
Purpose(s):
These records document the processing of disciplinary and adverse
actions, disqualification during probation, physical
disqualification, agency-initiated disability retirements, and
proposed separations based on pre-employment suitability.
Routine uses of records maintained in the system, including
categories of users and the purposes of such uses:
1. To disclose the information listed in 5 U.S.C. 7114(b)(4) to
officials of labor organizations recognized under 5 U.S.C. Chapter 71
when relevant and necessary to their duties of exclusive
representation concerning personnel policies, practices, and matters
affecting working conditions.
2. VA may, on its own initiative, disclose relevant information
to a Federal agency (including Offices of the Inspector General),
State, or local agency responsible for investigating, prosecuting,
enforcing, or implementing a statute, rule, regulation if there is
reason to believe that a violation may have occurred. This routine
use does not authorize disclosures in response to requests for
information for civil or criminal law enforcement activity purposes,
nor does it authorize disclosure of information in response to court
orders. Such requests must meet the requirements of 5 U.S.C.
552a(b)(7) or (b)(11), as applicable.
3. To disclose pertinent information when necessary to obtain
information relevant to a conflict-of-interest investigation or
determination.
4. To disclose information to any source from which additional
information is requested (to the extent necessary to identify the
individual, inform the source of the purposes(s) of the request, and
to identify the type of information requested), when necessary to
obtain information relevant to any agency decision concerning the
hiring or retention of an employee, the issuance of security
clearance, the conducting of a security or suitability investigation
of an individual, the letting of a contract, or the issuance of a
license, grant, or other benefit.
5. To disclose to an agency in the executive, legislative, or
judicial branch, or the District of Columbia's Government in response
to its request, or at the initiation of VA, information in connection
with the hiring of an employee, the issuance of a security clearance,
the conducting of a security or suitability investigation of an
individual, the letting of a contract, the issuance of license, grant
or other benefit by the requesting agency, or the lawful statutory or
administrative purpose of the agency to the extent that the
information is relevant and necessary to the requesting agency's
decision.
6. To disclose relevant information to Federal and non-Federal
agencies (i.e., State or local governments), and private sector
organizations, boards, bureaus, or commissions (e.g., the Joint
Commission on Accreditation of Healthcare Organizations) when such
disclosures are required to obtain accreditation or other approval
ratings.
7. To provide information to a congressional office from the
records of an individual in response to an inquiry from the
congressional office made at the request of the individual.
8. VA may, on its own initiative, disclose information to another
Federal agency, court, or party in litigation before a court or other
administrative proceeding conducted by a Federal agency, if VA is a
party to the proceeding and VA needs to disclose such information to
protect its interests.
9. To disclose information to the National Archives and Records
Administration (NARA) for records management inspections conducted
under authority of 44 U.S.C. 2904 and 2906.
10. To disclose to persons engaged in research and survey
projects information necessary to locate individuals for personnel
research or survey response, and to produces summary descriptive
statistics and analytical studies in support to the function for
which the records are collected and maintained, or for related
workforce studies. While published statistics and studies do not
contain individual identifiers, in some instances, the selection of
elements of data included in the study may be structured in such a
way as to make the date individually identifiable by inference.
11. To provide an official of another Federal agency information
needed in the performance of official duties related to reconciling
or reconstructing data files in support of the functions for which
the records were collected and maintained.
12. When an individual to whom records pertain is mentally
incompetent or under other legal disability, information in the
individual's records may be disclosed to any person of entity
responsible for managing the individual finances to the extent
necessary to ensure payment of benefits to which the individual is
entitled.
13. To disclose to the VA-appointed representative of an employee
all notices, determination, decisions, or other written
communications issues to the employee in connection with an
examination ordered by the VA under fitness-for-duty examination
procedures or Agency-filed disability retirement procedures.
14. To disclose information to officials of the Merit Systems
Protection Board or the Office of the Special Counsel, when requested
in connection with appeals, special studies of the civil service and
other merit systems, review of rules and regulations, investigation
of alleged or possible prohibited personnel practices, and such other
functions, promulgated in 5 U.S.C. 1205 and 1206, or as may be
authorized by law.
15. To disclose information to the Equal Employment Opportunity
Commission when requested in connection with investigations of
alleged or possible discriminatory practices, examination of Federal
affirmative employment programs, or for other functions of the
Commission as authorized by law.
16. To disclose information to the Federal Labor Relations
Authority (including its General Counsel) when appropriate
jurisdiction has been established and the information has been
requested in connection with the investigation and resolution of
allegations of unfair labor practices, in connection with the
resolution of exceptions to arbitration awards when a question of
material fact is raised; to disclose information in matters properly
before the Federal Service Impasses Panel.
17. Records from this system or records may be disclosed to a
Federal, State, or local government agency or licensing board and/or
to the Federation of State Medical Boards or a similar non-government
entity which maintains records concerning individuals' employment or
practice histories or concerning the issuance, retention, or
revocation of licenses or registration necessary to practice and
occupation, profession or specialty, in order for the Agency to
obtain information determined relevant to an Agency decision
concerning the hiring, retention or termination of an employee or to
inform licensing boards or the appropriate non-governmental entities
about the health care practices of a terminated, resigned, or retired
health care employee whose professional health care activity so
significantly failed to conform to generally accepted standards of
professional practice as to raise reasonable concern for the health
and safety of private section patients.
18. To disclose relevant information to the Department of Justice
and United States Attorneys in defense or prosecution of litigation
involving the United States and to Federal agencies upon their
request in connection with review of administrative tort claims filed
under the Federal Tort Claims Act, 28 U.S.C. 2672.
19. To disclose hiring, performance, or other personnel-related
information to any facility with which there is, or there is proposed
to be, and affiliation, sharing agreement, contract, or similar
arrangement, for purposes of establishing maintaining, or expanding
any such relationship.
20. Identifying information in this system, including name,
address, Social Security number, and other information as is
reasonably necessary to identify such individual, may be disclosed to
the Department of Health and Human Services or the National
Practitioner Data Bank at the time of hiring and/or clinical
privileging/reprivileging of health care practitioners, and other
times as deemed necessary by VA, in order the VA to obtain
information relevant to a Department decision concerning the hiring,
privileging/reprivileging, retention, or termination of the applicant
or employee.
21. Relevant information from this system of records may be
disclosed to the National Practitioner Data Bank or to a State or
local government licensing board which maintains records concerning
the issuance, retention, or revocation of licenses, certifications,
or registrations necessary to practice an occupation, profession, or
specialty when under the following circumstances, through peer review
process that is undertaken pursuant to VA policy, negligence,
professional incompetence, responsibility for improper care, and/or
professional misconduct has been assigned to a physician or licenses
or certified health care practitioner: (1) On any payment in
settlement (or partial settlement of, or in satisfaction of a
judgement) in a medical malpractice action or claim; or, (2) on any
final decision that adversely affects the clinical privileges of a
physician or practitioner for a period or more than 30 days.
22. To disclose information to contractors, subcontractors,
grantees, or others performing or working on a contract, grant, or
cooperative agreement for the Federal government, provided disclosure
is in the interest of the Government and the information to be
disclosed is relevant and necessary for accomplishing the intended
uses of the information and necessary to perform services under the
contract, grant or cooperative agreement.
23. Information from this system of records will be disclosed to
the Healthcare Integrity and Protection Data Base as required by
section 1122E of the Social Security Act (as addeded by Sec. 221(a)
of Pub. L. 104-191) and the associated implementing regulations
issued by the Department of Health and Human Services, 45 CFR part
61. For example, VA is required to report adjudicated adverse
personnel actiosn based on acts or omissions that either affected or
could have affected the delivery of healthcare services.
Policies and practices for storing, retrieving, accessing,
retaining and disposing of records in the system:
Storage:
These records may be maintained in file folders and computer
processable storage media. The records may also be maintained on
lists, forms, microfilm, microfiche, or audio-tape.
Retrievability:
These records may be retrieved using various combinations of
name, birth date, or identification number of the individual on whom
they are maintained.
Safeguards:
Access to areas where these records are maintained is restricted
to VA employees, contractors, or subcontractors on a ``need to know''
basis; strict control measures are enforced to ensure that disclosure
to these individuals is also based on the same principle. File areas
are locked after normal duty hours and are protected from outside
access by VA police officers or other types of alarm systems.
Retention and disposal:
Records in this system are disposed of no sooner than 6 years
after the closing of the case. Disposal is by shredding and erasure
of tapes or disks.
System manager(s) and address:
Deputy Assistant Secretary for Human Resources Management (05),
Department of Veterans Affairs, 810 Vermont Avenue, NW, Washington,
DC 20420.
Notification procedure:
Except as indicated below (see Record Access Procedures),
individuals receiving notice of a proposed action must be provided
access to all documents supporting the notice. At any time
thereafter, individuals subject to the action will be provided access
to the record (see Record Access Procedures). Individuals should
contact the human resources manager for the location where the action
was processed regarding the existence of such records on them.
However, all inquiries related to Disciplinary Appeals Boards should
be directed to the Deputy Assistant Secretary for Human Resources
Management (see System Manager). Individuals must furnish the
following information for their records to be located and identified:
a. Name.
b. Date of birth.
c. Approximate date of closing of the case and kind of action
taken.
d. If not the employee's current organization, the organizational
component involved.
Requests for access must be consistent with the Privacy act and
VA regulations concerning the release of information from Department
of Veterans Affairs records other than claimant records. See 38 CFR
1.550, et seq.
Record access procedures:
Individuals against whom such actions are taken must be provided
access to the record. However, after the action has been closed,
individuals may request access to the official file by contacting the
human resources manager for the location where the action was
processed. If the action relates to a Disciplinary Appeals Board, the
individual must request access from the Deputy Assistant Secretary
for Human Resources Management (see System Manager). Individuals must
furnish the following information for their records to be located and
identified:
a. Name.
b. Date of birth.
c. Approximate date of closing of the case and kind of action
taken.
d. If not the employee's current organization, the organizational
component involved.
Requests for access must be consistent with the Privacy Act and
VA regulations concerning the release of information from Department
of Veterans Affairs records other than claimant records. See 38 CFR
1.550, et seq. Note 1: When a request for access involves medical or
psychological records that the responsible individual believes
require special handling, the requester should be advised that the
material will be provided only to a physician designated by the data
subject. Upon receipt of the designation and upon verification of the
physician's identity, the records will be made available to the
physician, who will have full authority to disclose those records to
the data subject when appropriate.
Contesting record procedures:
Review of requests from individuals seeking amendment of their
records that have or could have been the subject of a judicial,
quasi-judicial, or administrative action will be limited in scope.
Review of amendment request of these records will be restricted to
determining if the records accurately document the action on the case
and will not include a review of the merits of the action,
determination, or finding. Individuals wishing to request amendment
of their records to correct factual errors should contact the human
resources manager for the VA office where the action was processed.
In cases concerning Disciplinary Appeals Boards, individuals should
contact the Deputy Assistant Secretary for Human Resources Management
(see System Manager) to request the amendment. Individuals must
furnish the following information for their records to be located and
identified:
a. Name.
b. Date of birth.
c. Approximate date of closing of the case and kind of action
taken.
d. If not the individual's current organization, the
organizational component involved.
Record source categories:
Information in this system of records is provided:
a. By supervisors and managers.
b. By individual on whom the record is maintained.
c. By Professional Standards Boards and Disciplinary Appeals
Boards.
d. By testimony of witnesses.
e. By other agency officials.
f. By other agency records.
g. From related correspondence or persons.
103VA07B
System name: Police and Security Records--VA.
System location:
VA Police and Security personnel maintain electronic and paper
records at VA facilities and VA Central Office, 810 Vermont Ave.,
NW., Washington, DC 20420. Address locations for VA facilities are
listed in VA Appendix 1 of the biennial publication of the VA systems
of records.
Categories of individuals covered by the system:
Veterans, VA police officers, Federal government employees,
retirees, contractors, subcontractors, volunteers, and other
individuals, including private citizens, who:
1. Have been a complainant, a witness, a victim, or a subject of
an investigation of a violation or of an alleged violation of a law
on VA property;
2. Have been a witness or a victim when there has been a VA
police response to a report of a missing patient;
3. Have been witness to, or involved in, a motor vehicle accident
on VA property;
4. Have been a witness, victim, or subject when there has been a
VA police response to provide assistance to VA employees;
5. Have registered a motor vehicle with VA police;
6. Have had property confiscated by VA police or whose property
has been given to VA police for safekeeping; or
7. For whom a VA identification card has been prepared.
Categories of records in the system:
Security and law enforcement records, containing specific
identification of persons, can be found in electronic and/or paper
medium:
1. Master Name Index contains demographic information (i.e.,
name, address, date of birth, sex) and descriptive information such
as height, weight, hair color, eye color, and scars of marks.
2. Quick Name Check allows for the immediate retrieval of
information based on a name from files contained within the law
enforcement records subject to this system of records notice.
3. VA Police Uniform Offense Reports, Investigative Notes, Case
Log, and other documentation assembled during an investigation.
Uniform Offense Reports contain information of all types of offenses
and incidents, criminal and non-criminal, that occur at a facility
and to which VA police respond (e.g., criminal investigations,
investigative stops, patient and staff assistance calls, missing
patient searches, and motor vehicle accidents).
4. All violation information and copies of U.S. District Court
Violation Notices and Courtesy Warnings issued by VA police.
5. On-station vehicle registration records used for identifying
vehicle owners at a facility.
6. Records pertaining to individuals with outstanding warrants,
summons, court commitments, or other types of legal process.
7. Daily Operations Journal records include names and other
personal identifying information of persons with whom VA police have
had official, duty-related contact.
8. VA police officer training records.
9. Photographs of any and all persons and/or scenes pertinent to
an incident or investigation.
10. Motor vehicle registrations.
11. Identification cards with photographic images for veterans,
Federal government employees, retirees, volunteers, contractors,
subcontractors, or private citizens.
12. Records of evidence, confiscated property, or property being
held for safekeeping.
Authority for maintenance of the system:
United States Code (U.S.C.), Section 501 and Sections 901-905.
Purpose(s):
The records and information contained in this system of records
are necessary for the effective administration and management of the
Department's nationwide Police and Security program. The collection
and use of accurate, up-to-date data is necessary for the purpose of
enforcing the law and protecting persons and property on VA property
and at VA Central Office. Examples: ID cards are used to visibly
identify employees, contractors, students, and other designated
individuals from the general public. ID cards also serve as a means
of access control to the facility. Motor vehicle registration records
serve to accurately identify the owner of a vehicle and the
suitability of its presence on VA grounds. These records are also
used for a VA facility's ride sharing program. Evidence or
confiscated property records are used to accurately track and record
the chain of custody maintained by the VA police.
Routine uses of records maintained in the system, including
categories of users and the purposes of such uses:
1. Disclosure may be made to a congressional office from the
record of an individual in response to an inquiry from the
congressional office that is made at the request of that individual.
2. Disclosure may be made to the National Archives and Records
Administration (NARA) in records management activities and
inspections conducted under authority of Title 44 United States Code.
3. Disclosure may be made to DoJ and United States attorneys in
defense or prosecution of litigation involving the United States, and
to Federal agencies upon their request in connection with review of
administrative tort claims filed under the Federal Tort Claims Act,
Title 28 United States Code, Section 2672.
4. Any information in this system, except the name and address of
a veteran, may be disclosed to a Federal, State, or local agency
maintaining civil or criminal violation records or other pertinent
information such as prior employment history, prior Federal
employment background investigations, and/or personal or educational
background in order for VA to obtain information relevant to the
hiring, transfer, or retention of an employee, the letting of a
contract, the granting of a security clearance, or the issuance of a
grant or other benefit. The name and address of a veteran may be
disclosed to a Federal agency under this routine use of this
information has been requested by the Federal agency in order to
respond to the VA inquiry.
5. VA may disclose on its own initiative any information in this
system, except the names and home addresses of veterans and their
dependents, which is relevant to a suspected or reasonably imminent
violation of law, whether civil, criminal, or regulatory in nature
and whether arising by general or program statute or by regulation,
rule or order issued pursuant thereto, to a Federal, State, local,
tribal, or foreign agency charged with the responsibility of
investigating or prosecuting such violation, or charged with
enforcing or implementing the statute, regulation, rule or order. On
its own initiative, VA may also disclose the names and addresses of
veterans and dependents to a Federal agency charged with the
responsibility of investigating or prosecuting civil, criminal, or
regulatory violations of law, or charged with enforcing or
implementing the statute, regulation, rule, or order issued pursuant
thereto.
6. Information from this system of records may be disclosed to
DoJ or in a proceeding before a court, adjudicative body, or other
administrative body before which the Agency is authorized to appear
when: the Agency, or any component thereof, or any employee of the
Agency in his or her official capacity, where DoJ or the Agency has
agreed to represent the employee or the U.S.; when the Agency
determines that litigation is likely to affect the Agency or any of
its components, is a party to litigation and has an interest in such
litigation, and the use of such information by DoJ or the Agency is
deemed by the Agency to be relevant and necessary to the litigation
provided that the disclosure is compatible with the purpose for which
the records were collected.
7. Information in this system regarding traffic accidents may be
disclosed to private insurance companies for use in determining
payment of a claim under a policy.
8. To assist attorneys in representing their clients, any
information in this system may be disclosed to attorneys representing
veterans, Federal government employees, retirees, volunteers,
contractors, subcontractors, or private citizens being investigated
and prosecuted for violating the law, except where VA has decided
release is inappropriate under Title 5 United States Code, Section
552a(j) and (k).
9. Disclosure of information to FLRA, including its General
Counsel, when requested in connection with the investigation and
resolution of allegations of unfair labor practices, in connection
with the resolution of exceptions to arbitrator awards when a
question of material fact is raised, in connection with matters
before the Federal Service Impasses Panel, and to investigate
representation petitions and conduct or supervise representation
elections.
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 officials of the Merit
Systems Protection Board, and the Office of the Special Counsel, when
requested in connection with appeals, special studies of the civil
service and other merit systems, reviews of rules and regulations,
investigation of alleged or possible prohibited personnel practices,
and such other functions, promulgated in Title 5 United States Code,
Sections 1205 and 1206, or as may be authorized by law.
12. Disclosure may be made to the VA-appointed representative of
an employee of all notices, determinations, decisions, or other
written communications issued to the employee in connection with an
examination ordered by VA under medical evaluation (formerly fitness-
for-duty) examination procedures or Department-filed disability
retirement procedures.
Policies and practices for storing, retrieving, accessing,
retaining and disposing of records in the system:
Storage:
VA Police and Security Services maintain electronic and paper
records at each VA facility and VA Central Office.
Retrievability:
Information is retrieved by name or Social Security Number.
Safeguards:
Access to working areas where information is maintained in VA
facilities and VA Central Office is controlled and restricted to VA
employees and VA contractors on a need-to-know basis. Paper document
files are locked in a secure container when files are not being used
and when work area is not occupied. VA facilities are protected from
outside access after normal duty hours by security personnel. Access
to information on electronic media is controlled by individually
unique passwords and codes. Computer access authorizations, computer
applications available and used, information access attempts,
frequency and time of use are recorded and monitored.
Retention and disposal:
Records will be maintained and disposed of in accordance with the
recorded disposition authority approved by the Archivist of the
United States.
System manager(s) and address:
Director, Police and Security Service (07B), 810 Vermont Avenue,
NW., Washington, DC 20420.
Notification procedure:
An individual who wishes to determine whether a record is being
maintained under his or her name in this system or wishes to
determine the contents of such records should submit a written
request or apply in person to the VA facility where the records are
located. VA facility location information can be found in the
Facilities Locator section of VA's Web site at http://www.va.gov. A
majority of records in this system are exempt from record access and
amendment provisions of Title 5 United States Code, Sections 552a(j)
and (k). To the extent that records in the system are not subject to
exemption, individuals may request access and/or amendment. A
determination as to whether an exemption applies shall be made at the
tie a request for access or contest is received.
Record access procedures:
Individuals seeking information regarding access to and amendment
of records in this system may write, call or visit the VA facility
where the records are maintained.
Contesting record procedures:
(See Record Access Procedure above).
Record source categories:
Information is obtained from veterans, VA police officers,
Federal government employees, retirees, volunteers, contractors,
subcontractors, other law enforcement agencies, and private citizens.
Systems exempted from certain provisions of the act:
Under Title 5 United States Code, Section 552a(j)(2), the head of
any agency may exempt any system of records within the agency from
certain provisions of the Privacy Act, if the agency or component
that maintains the system performs as its principal function any
activities pertaining to the enforcement of criminal laws. The
function of the Police and Security Service is to provide for the
maintenance of law and order and the protection of persons and
property on Department property. This system of records has been
created, in major part, to support the criminal law related
activities assigned by the Department under the authority of Title 38
United States Code, Section 901 to the Police and Security Service.
These activities constitute the principal function of this staff.
In addition to principal functions pertaining to the enforcement
of criminal laws, the Police and Security Service may receive and
investigate complaints or information from various sources concerning
the possible existence of activities constituting noncriminal
violations of law, rules, or regulations or substantial and specific
danger to the public and safety.
Based upon the foregoing, the Secretary of Veterans Affairs has
exempted this system of records, to the extent that it encompasses
information pertaining to criminal law related activities from the
following provisions of the Privacy Act of 1974, as permitted by 5
U.S.C. 552a(j)(2):
5 U.S.C. 552a(c) (3) and (4)
5 U.S.C. 552a(d) (1) through (4)
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 Secretary of Veterans Affairs has exempted this system of
records, to the extent that it does not encompass information
pertaining to criminal law related activities under 5 U.S.C.
552a(j)(2), from the following provisions of the Privacy Act of 1974,
as permitted by 5 U.S.C. 552a(k)(2):
5 U.S.C. 552a(c)(3)
5 U.S.C. 552a(d) (1) through (4)
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 Police and Security Service, to prevent
subjects of investigations from frustrating the investigatory
process, to prevent the disclosure of investigative techniques, to
fulfill commitments made to protect the confidentiality of sources,
to maintain access to sources of information, and to avoid
endangering these sources and Policy and Security personnel.
105VA131
System name:
Agent Orange Registry--VA.
System location:
Character-based data from Agent Orange Registry (AOR) Code Sheets
are maintained in a registry dataset at the Austin Automation Center
(AAC), 1615 Woodward Street, Austin, Texas 78772. Since the data set
at the AAC is not all-inclusive, i.e., narratives, signatures, etc.,
noted on the code sheets are not entered into this system, images of
the code sheets are maintained at the Department of Veterans Affairs,
Environmental Agents Service (131), 810 Vermont Avenue, NW.,
Washington, DC 20420. These are electronic images of paper records,
i.e., code sheets, medical records, questionnaires and correspondence
that are stored on optical disks.
The secure web-based data entry system is maintained by the AAC
and provides retrievable images to users. The optical disk system is
currently being utilized where there is no access to the secure web-
based system. However, the optical disk system is scheduled to be
discontinued in 2004 and all access to the AOR system will be through
the secure web-based data entry system.
Categories of individuals covered by this system:
Veterans who may have been exposed to dioxin or other toxic
substance in a herbicide or defoliant during:
1. Active military service in the Republic of Vietnam between
1962 and 1975,
2. The Republic of Korea between 1968 and 1969,
3. The conduct of or as a result of testing, transporting or
spraying herbicides for military purposes, and
4. Have had an AOR examination at a Department of Veterans
Affairs (VA) medical facility.
Categories of records in the system:
These records may contain the following information: Code sheet
records recording VA facility code identifier where the veteran was
examined or treated; veteran's name; address; social security number;
military service serial number; claim number; date of birth; race/
ethnicity; marital status; sex; branch of service; periods of
service; areas of service in Vietnam; list of military units where
veteran served; method of exposure to herbicides; veteran's self-
assessment of health; date of registry examination; veteran's
complaints/symptoms; reported birth defects among veteran's children;
consultations; diagnoses; disposition (hospitalized, referred for
outpatient treatment, etc.) and name and signature of examiner/
clinician coordinator, when available.
Authority for maintenance of the system:
Title 38, United States Code (U.S.C.) 1710(e)(1)(B) and 1720E.
Purpose(s):
The purpose of this AOR system of records is to provide
information about: Veterans who have had an AOR examination at a VA
facility; to assist in generating hypotheses for research studies;
provide management with the capability to track patient demographics;
reported birth defects among veterans' children; dioxin-related
diseases; planning and delivery of health care services and
associated costs; and with relation to claims for compensation which
may assist in the adjudication of claims possibly related to
herbicide exposure although more comprehensive medical records are
required for evaluation of subject claims.
Routine uses of records maintained in the system, including
categories of users and the purposes of such uses:
VA may disclose protected health information pursuant to the
following routine uses where required by law, or required or
permitted by 45 CFR parts 160 and 164.
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 VA.
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:
(a) To any nonprofit organization if the release is directly
connected with the conduct of programs and the utilization of
benefits under Title 38, and
(b) To any criminal or civil law enforcement governmental agency
or instrumentality charged under applicable law with the protection
of the public health or safety if a qualified representative of such
organization, agency or instrumentality has made a written request
that such name(s) or address(es) be provided for a purpose authorized
by law; provided, further, that the record(s) will not be used for
any purpose other than that stated in the request and that the
organization, agency or instrumentality is aware of the penalty
provision of 38 U.S.C. 5701(f).
4. Disclosure may be made to the National Archives and Record
Administration (NARA) in records management inspections conducted
under authority of 44 U.S.C.
5. Disclosure of information, excluding name and address (unless
name and address is furnished by the requestor) for research purposes
determined to be necessary and proper, to epidemiological and other
research facilities approved by the Under Secretary for Health.
6. In order to conduct Federal research necessary to accomplish a
statutory purpose of an agency, at the written request of the head of
the agency, or designee of the head of that agency, the name(s) and
address(es) of present or former personnel or the Armed Services and/
or their dependents may be disclosed
(a) To a Federal department or agency, or
(b) Directly to a contractor of a Federal department or agency.
When a disclosure of this information is to be made directly to the
contractor, VA may impose applicable conditions on the department,
agency, and/or contractor to insure the appropriateness of the
disclosure to the contractor.
7. VA may disclose on its own initiative any information in this
system, except the names and home addresses of veterans and their
dependents, which is relevant to a suspected or reasonably imminent
violation of law, whether civil, criminal or regulatory in nature and
whether arising by general or program statute or by regulation, rule
or order issued pursuant thereto, to a Federal, State, local, tribal,
or foreign agency charged with the responsibility of investigating or
prosecuting such violation, or charged with enforcing or implementing
the statute, regulation, rule or order. On its own initiative, VA may
also disclose the names and addresses of veterans and their
dependents to a Federal agency charged with the responsibility of
investigating or prosecuting civil, criminal or regulatory violations
of law, or charged with enforcing or implementing the statute,
regulation, rule or order issued pursuant thereto.
8. For program review purposes and the seeking of accreditation
and/or certification, disclosure may be made to survey teams of the
Joint Commission on Accreditation of Healthcare Organizations
(JCAHO), College of American Pathologists, American Association of
Blood Banks, and similar national accreditation agencies or boards
with whom VA has a contract or agreement to conduct such reviews, but
only to the extent that the information is necessary and relevant to
the review.
9. Records from this system of records may be disclosed to the
Department of Justice (DOJ) or in a proceeding before a court,
adjudicative body, or other administrative body before which the
Department is authorized to appear when: (a) The Department, or any
component thereof; or (b) any employee of the Department in his or
her official capacity where the DOJ or the Department has agreed to
represent the employee; or (c) the U.S., when the Department
determines that litigation is likely to affect the Department or any
of its components; is a party to litigation, and has an interest in
such litigation, and the use of such records by the DOJ or the
Department is deemed by the Department to be relevant and necessary
to the litigation provided, however, that the disclosure is
compatible with the purpose for which the records were collected.
Policies and practices for storing, retrieving, accessing,
retaining and disposing of records in the system:
Storage:
In 2003, the data collection process moved to a secure web-based
system. Data previously recorded manually and converted to electronic
format is now input through the secure VA Intranet system. Data is
stored on a web server hosted by the AAC and is retrievable by the
facility. Three levels of access are provided for the data that is
input, using password security linked to the AAC Top Secret Security
system, with mandated changes every 90 days. Data from individual
facilities is uploaded nightly and stored on Direct Access Storage
Devices at the AAC, Austin, Texas, and on optical disks at VA Central
Office, Washington, DC. AAC stores registry tapes for disaster back
up at an off-site location. VA Central Office also has back-up
optical disks stored off-site. In addition to electronic data,
registry reports are maintained on paper documents and microfiche.
The optical disk system is currently being utilized where there
is no access to the secure web-based system. The optical disk system
is scheduled to be discontinued in 2004 and all access to the AOR
system will be through the secure web-based data entry system.
Records will be maintained and disposed of in accordance with records
disposition authority approved by the Archivist of the United States.
Retrievability:
Records are retrieved by name of veteran and social security
number.
Safeguards:
Access to records at VA Central Office is only authorized to VA
personnel on a ``need to know'' basis. Records are maintained in
manned rooms during working hours. During non-working hours, there is
limited access to the building with visitor control by security
personnel. Registry data maintained at the AAC can only be updated by
authorized AAC personnel.
Data is securely located behind the VA firewall and only
accessible from the VA Local Area Network (LAN) through the VA
Intranet. Read access to the data is granted through a
telecommunications network to authorized VA Central Office staff. AAC
reports are also accessible through a telecommunications network on a
read-only basis to the owner (VA facility) of the data. Access is
limited to authorized employees by individually unique access codes
which are changed periodically.
Physical access to the AAC is generally restricted to AAC staff,
VA Central Office staff, custodial personnel, Federal Protective
Service and authorized operational personnel through electronic
locking devices. All other persons gaining access to the computer
rooms are escorted. Backup records stored off-site for both the AAC
and VA Central Office are safeguarded in secured storage areas. A
disaster recovery plan is in place and system recovery is tested at
an off-site facility in accordance with established schedules.
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 (131), Office of Public
Health and Environmental Hazards, (clinical issues) and Management/
Program Analyst, Environmental Agents Service (131) (administrative
issues), VA Central Office, 810 Vermont Avenue, NW., Washington, DC
20420.
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 facility
where medical care was provided or submit a written request to the
Director, Environmental Agents Service (131), Office of Public Health
and Environmental Hazards or the Management/Program Analyst,
Environmental Agents Service (131), VA Central Office, 810 Vermont
Avenue, NW., Washington, DC 20420. Inquiries should include the
veteran's name, social security number and return address.
Record access procedures:
An individual who seeks access to records maintained under his or
her name may write or visit the nearest VA facility or write to the
Director, Environmental Agents Service (131) or the Management/
Program Analyst, Environmental Agents Service (131), VA Central
Office, 810 Vermont Avenue, NW., Washington, DC 20420.
Contesting records procedures:
Refer to previous item ``Record Access Procedures.''
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
Veterans Benefits Administration, Department of Defense, Department
of the Army, Department of the Air Force, Department of the Navy and
other Federal agencies.
106VA17
System name:
Compliance Records, Response, and Resolution of Reports of
Persons Allegedly Involved in Compliance Violations-VA.
System location:
All computerized and paper records are located at: Department of
Veterans Affairs (VA) Headquarters, 810 Vermont Avenue, NW,
Washington, DC 20420; Veterans Integrated Services Networks (VISN);
and, VA health care facilities. Address locations for VA facilities
are listed in VA Appendix 1 of the biennial publication of the
Privacy Act Issuances.
Categories of individuals covered by the system:
The following categories of individuals will be covered by the
system: (1) Employees, (2) veterans, (3) third parties such as
contractors who conduct official business with the Veterans Health
Administration (VHA), and (4) subjects of complaints and
complainants. Complainants are individuals who have reported a
possible violation of law, rules, policies, regulations, or external
program requirements, such as third-party payor billing guidelines.
Categories of records in the system:
Records (or information contained in records) in this system
include allegations made by individuals calling VHA's Compliance
Line, or through another source, to report a possible violation of
law, rules, policies, regulations, or external program requirements
such as third-party payor billing guidelines. Records also may
contain reports of the reviews or investigations conducted at the
medical center, VISN, or Headquarters level to verify the reported
allegations and take remedial action as needed. The VHA Compliance
Office will maintain a copy of these reports. Information in this
system regarding reports of suspected non-compliance may include: (1)
The name, home and work address and phone number of the complainant;
(2) the name of the subject of the complaint; (3) the name and/or
patient number of veteran patient who received services associated
with the complaint; (4) the date when the allegation was reported;
(5) the date, location and nature of the alleged wrongdoing; and (6)
the Compliance Office's identification number assigned to the case.
The records may also include correspondence between the Compliance
Office and the Compliance Line contractor as to the status of each
case (open or closed).
Information in the investigation records may include: (1) The
name of the subject of an investigation; (2) the names of individuals
whose work was reviewed as part of the investigation; (3) the names
and/or patient numbers of veteran patients whose medical records were
reviewed in order to investigate the allegation; (4) the station at
which an investigation took place; (5) the time period when the
investigation took place; (6) the nature of the allegation; (7) the
outcome of the investigation; (8) the recommended action; and, (9)
the Compliance Office's identification number assigned to the case.
Information may be in the form of a narrative summary or synopsis,
exhibits, or internal documentation and memoranda.
Records in the system will be a combination of computerized files
and paper files. Both paper and electronic records may contain the
information listed above, and may relate to complainants and subjects
of complaints.
Authority for maintenance of the system:
Title 38 United States Code, section 501.
Purpose(s):
The purpose is to establish a process to receive reports of
suspected compliance violations, and to maintain a system to respond
to such allegations.
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 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 the U.S.
Office of Special Counsel, upon its official request, when required
for the Special Counsel's review of the complainant's allegations of
prohibited personnel practices.
9. The name, address, and other identifying data, including
title, date and place of birth, social security number, and summary
information concerning an individual who, for fraudulent or deceitful
conduct either as an employee or while conducting or seeking to
conduct business with the Agency, has been convicted of violating
Federal or State law or has been debarred or suspended from doing
business with VA, may be furnished to other Federal agencies to
assist such agencies in preventing and detecting possible fraud or
abuse by such individual in their operations and programs. This
routine use applies to all information in this system of records
which can be retrieved by name or by some identifier assigned to an
individual, regardless of whether the information concerns the
individual in a personal or in an entrepreneurial capacity.
10. Records from this system of records may be disclosed to a
Federal agency or to a State or local government licensing board and/
or to the Federation of State Medical Boards or a similar non-
government entity which maintains records concerning individuals'
employment histories or concerning the issuance, retention or
revocation of licenses, certifications, or registration necessary to
practice an occupation, profession or specialty, in order for the
agency to obtain information relevant to an agency decision
concerning the hiring, retention or termination of an employee or to
inform a Federal agency or licensing boards or the appropriate non-
government entities about the health care practices of a terminated,
resigned or retired health care employee whose professional health
care activity so significantly failed to conform to generally
accepted standards of professional medical practice as to raise
reasonable concern for the health and safety of patients in the
private sector or from another Federal agency. These records may also
be disclosed as part of an ongoing computer matching program to
accomplish these purposes.
11. Relevant information from this system of records related to
final adverse actions taken against a health care provider, supplier,
or practitioner may be disclosed to the Health Integrity and
Protection Data Bank (HIPDB) (45 CFR part 61). The information to be
reported includes: (1) The name and Taxpayer Identification Number
(as defined in section 7701 (a)(41) of the Internal Revenue Code of
1986) of any health care provider, supplier, or practitioner who is
the subject of a final adverse action; (2) the name of any health
care entity, if known, with which a health care provider, supplier,
or practitioner, who is the subject of a final adverse action, is
affiliated or associated; (3) the nature of the final adverse action
and whether such action is on appeal; and (4) a description of the
acts or omissions and injuries upon which the final adverse action
was based, and such other information as the Secretary, Department of
Health and Human Services, determines by regulation is required for
appropriate interpretation of information reported. Information
reported will be considered confidential and shall not be disclosed
except as specified in the HIPDB regulations.
12. Disclosure of relevant information may be made to
individuals, organizations, private or public agencies, etc., with
whom VA has a contract or agreement to perform such services as VA
may deem practicable for the purposes of laws administered by VA, in
order for the contractor or subcontractor to perform the services of
the contract or agreement.
13. For program review purposes and the seeking of accreditation
and/or certification, disclosure may be made to survey teams of the
Joint Commission on Accreditation of Healthcare Organizations
(JCAHO), College of American Pathologists, American Association of
Blood Banks, and similar national accreditation agencies or boards
with which VA has a contract or agreement to conduct such reviews but
only to the extent that the information is necessary and relevant to
the review.
14. Disclosure may be made to the National Archives and Records
Administration (NARA) in records management inspections conducted
under authority of Title 44 United States Code.
Policies and practices for storing, retrieving, accessing,
retaining, and disposing of records in the system:
Storage:
All reports of suspected noncompliance will be documented in a
computerized database and assigned a unique identification number.
Paper files may also be maintained which contain documents collected
in association with reviewing the case, such as memoranda, policies,
or examples of work produced as a result of the complaint.
Retrievability:
Both electronic and paper case files will be stored and
individually retrieved by the unique identification number, not by
name.
Safeguards:
Access to computerized information in the database is restricted
to authorized personnel on a need-to-know basis by means of passwords
and authorized user identification codes. Computer system
documentation will be maintained in a secure environment in the VHA
Office of the Chief Financial Officer (CFO) Compliance Office, and in
the Compliance Offices at the network and medical center locations.
Physical access to printouts and data terminals will be limited to
authorized personnel in the Compliance Program.
Access to file folders is restricted to authorized personnel on a
need-to-know basis. Paper files are maintained in file cabinets or
closets and are locked after duty hours. These files are under the
control of the Compliance Officer or his/her designees. Buildings are
protected from unauthorized access by a protective service.
Retention and disposal:
Computerized records will be retained indefinitely. Periodic
system back-ups will be employed for record protection. If disk space
is limited, the records will be archived to tape or disk in
accordance with established practice. Paper records will be
maintained and disposed of in accordance with records disposition
authority approved by the Archivist of the United States.
System manager(s) and address:
VHA Chief Financial Officer (17), Department of Veterans Affairs,
810 Vermont Avenue, NW., Washington, DC 20420.
Notification procedure:
An individual who wishes to know if a record is being maintained
by the VHA CFO Compliance Office under his or her name in this system
or wants to determine the contents of such records should submit a
written request or apply in person to the VHA CFO (17).
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 VHA CFO (17).
Contesting record procedures:
(See Record Access Procedures above.)
Record source categories:
The information in this system will be obtained from calls that
are received on the Compliance Line and reports received through
other sources. Information is obtained from VHA employees, veterans,
third parties such as contractors, and VHA records which may include
billing data, patient medical records, policies and procedures, and
memoranda.
107VA008B
System name:
Program Evaluation Research Data Records--VA
System location:
Records are maintained at VA Central Office, Office of Policy and
Planning (008B), 810 Vermont Avenue, NW., Washington, DC 20420, and
in the custody of contractors or subcontractors of VA.
Categories of individuals covered by the system:
The records include information concerning program beneficiaries,
individuals eligible for benefits, applicants for benefits, and
members of their immediate families.
Categories of records in the system:
The records may include information related to:
1. Medical (such as diagnoses, prescriptions, and patient visits)
and non-medical benefits program usage records and reports of contact
about program benefits usage with individuals or groups.
2. Data on beneficiary, eligible, and applicant demographics,
including identifying information (such as name, date of birth, age,
sex, social security number, taxpayer identification number); address
information (for example, home and/or mailing address, home telephone
number, emergency contact information such as name, address,
telephone number, and relationship); information related to training,
education, and continuing education (for example, name and address of
schools and dates of attendance, courses attended and scheduled to
attend, type of degree, certificate, grades); information related to
military service and status; technical skills acquired, employment
information, and income.
3. Any other statistical data regarding the interaction and/or
participation of VA beneficiaries, eligibles, and applicants in VA
programs.
To the extent that records contained in the system include
information protected by 38 U.S.C. 7332 (such as medical treatment
information related to drug abuse, alcoholism or alcohol abuse,
sickle cell anemia or infection with the human immunodeficiency
virus), that information cannot be disclosed under a routine use
unless there is also specific statutory authority permitting
disclosure.
Authority for maintenance of the system:
Title 38, United States Code, section 527 (b).
Purpose(s):
VA collects and maintains the records in this system of records
to evaluate on a continuing basis the effectiveness of all programs
authorized under Title 38 U.S.C., in achieving program goals in
general, including achieving such goals in relation to their cost,
and their structure and mechanisms for delivery of services, as well
as their effect on related programs. Data may also be used for
longitudinal research purposes and follow-up to evaluate the long-
term effects of program usage.
Routine uses of records maintained in the system, including
categories of users and the purposes of such uses:
Data and information may be disclosed for routine uses as
indicated below:
1. In the event that a record maintained by VA to carry out its
functions indicates a violation or potential violation of civil or
criminal law or regulations arising by general statute or particular
program statute, regulation, rule, or order, information may be
disclosed at VA's own initiative to the appropriate Federal, State,
local, or foreign agency charged with the responsibility of
investigating or prosecuting such violation or charged with enforcing
or implementing the statute or rule, regulation, or order. However,
names and addresses of veterans and their dependents will be released
only to federal entities.
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 the National Archives and Records
Administration (NARA) in records management inspections conducted
under authority of 44 U.S.C.
4. Disclosure may be made to the Department of Justice and United
States attorneys in defense or prosecution of litigation involving
the United States.
5. Disclosure of name(s) and address(es) of present or former
personnel of the Armed Services and/or their dependents may be made
to: (a) A Federal department or agency, at the written request of the
head or designee of that agency or (b) directly to a contractor or
subcontractor of a Federal department or agency for the purpose of
conducting Federal research necessary to accomplish a statutory
purpose of an agency.
6. Disclosure may be made to individuals, organizations, private
or public agencies, etc., with whom VA has a contract or agreement to
perform such services as VA may deem practicable for the purposes of
laws administered by VA, in order for the contractor or subcontractor
to perform the services of the contract or agreement.
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.
Retrievability:
Records are retrieved by name, social security number, 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. Scrambling algorithms are used to protect
unique personal identifiers such as social security numbers.
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 electronic files stored in personal computers is
limited to only that information in the file which is needed in the
performance of employees' official duties through use of individually
unique passwords. Access by Office of Inspector General (OIG) staff
conducting an audit or investigation is controlled in the same
manner. Access to paper documents and information on automated
storage media is limited to employees who have a need for the
information in the performance of their official duties.
3. Contractors and subcontractors are required to maintain the
same level of security as VA for records in their custody.
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,
Program Evaluation Service, Office of Policy and Planning (008B),
Department of Veterans Affairs, 810 Vermont Avenue, NW, Washington,
DC 20420. Officials maintaining the system: Program Evaluation staff
(008B) and supporting contractors.
Notification procedure:
Individuals who wish to determine whether this system of records
contains information about them should contact the system manager.
Inquiries should include the person's full name, social security
number, date(s) of contact, 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
Office of Policy and Planning (008B), VA Central Office, 810 Vermont
Avenue, NW, Washington, DC 20420.
Contesting record procedures:
(See Record Access Procedures above.)
Record source categories:
Information in this system of records is provided by the
individual or guardian, other Federal agencies, or VA program
operation files from the Veterans Health Administration (VHA),
Veterans Benefits Administration (VBA), National Cemetery
Administration (NCA), and other organizations within VA.
108VA11S
SYSTEM NAME:
Spinal Cord Dysfunction-Registry (SCD-R)-VA.
SYSTEM LOCATION:
All electronic and paper records are maintained at the Austin
Automation Center (AAC), Department of Veterans Affairs (VA), 1615
Woodward Street, Austin, Texas 78772, and at VA health care
facilities listed in VA Appendix 1 of the biennial publication of
VA's Systems of Records. Each local medical center facility has a
Veterans Health Information System and Technology Architecture
(VistA)-based SCD-Registry software package. Data transmissions
between VA health care facilities and the VA databases housed at the
AAC are accomplished using the Department's wide area network.
CATEGORIES OF INDIVIDUALS COVERED BY THE SYSTEM:
Veterans identified with spinal cord injury and disorders that have
applied for VA health care services are included in the system.
Occasionally, non-veterans who have received VA health care or
rehabilitation services under sharing agreements, contracted care, or
humanitarian emergencies will also have information recorded in the
Spinal Cord Dysfunction (SCD)-Registry.
CATEGORIES OF RECORDS IN THE SYSTEM:
These records contain identifying information including name,
social security number, date of birth, and registration date in the
SCD-Registry. SCD-Registry registration information may include
information about whether individuals are receiving services from
VA's spinal cord system of care, neurologic level of injury,
etiology, date of onset, type of cause, completeness of injury, and
annual evaluation dates offered and received. The Outcomes File of
the SCD-Registry has data fields for storing measures of impairment,
activity, social role participation, and satisfaction with life. A
registrant may have multiple entries in this file.
AUTHORITY FOR MAINTENANCE OF THE SYSTEM:
Title 38, United States Code, Sections 501 and 7304.
PURPOSE(S):
The SCD-Registry provides a registry of veterans with spinal cord
injury and disorders (SCI&D). This registry contains pertinent
information on veterans with SCI&D and enables better coordination of
care among VHA staff. The purpose of the registry is to assist
clinicians, administrators, and researchers in identifying and
tracking services for veterans with spinal cord dysfunction resulting
from trauma or diseases. The SCD-Registry can also facilitate
clinical, administrative, and research reports for medical center
use. Local VistA SCD-Registries provide data extracts to the National
SCD-Registry database at the AAC. This centralized AAC registry is
used to provide a VA-wide review of veteran demographics and clinical
aspects of injuries and disorders.
ROUTINE USES OF RECORDS MAINTAINED IN THE SYSTEM, INCLUDING CATEGORIES OF
USERS AND THE PURPOSES OF SUCH USES:
VA may disclose protected health information pursuant to the
following routine uses where required by law, or required or
permitted by 45 CFR Parts 160 and 164.
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 they request 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
veterans service organization representatives, and other individuals
named as approved agents or attorneys for a documented purpose and
period of time. These agents/attorneys must be aiding beneficiaries
in the preparation/presentation of their cases during verification
and/or due process procedures or in the presentation/prosecution of
claims under laws administered by VA.
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:
a. To any nonprofit organization if the release is directly
connected with the conduct of programs and the utilization of
benefits under Title 38, and
b. To any criminal or civil law enforcement governmental agency or
instrumentality charged under applicable law with the protection of
the public health or safety if a qualified representative of such
organization, agency or instrumentality has made a written request
that such name(s) or address(es) be provided for a purpose authorized
by law; provided, further, that the record(s) will not be used for
any purpose other than that stated in the request and that the
organization, agency or instrumentality is aware of the penalty
provision of 38 U.S.C. 5701(f).
4. Disclosure may be made to the National Archives and Records
Administration (NARA) in records management inspections conducted
under authority of Title 44 United States Code.
5. Disclosure of information, excluding name and address (unless
name and address is furnished by the requester) for research purposes
determined to be necessary and proper, to epidemiological and other
research facilities approved by the Under Secretary for Health.
6. In order to conduct Federal research necessary to accomplish a
statutory purpose of an agency, at the written request of the head of
the agency, or designee of the head of that agency, the name(s) and
address(es) of present or former personnel or the armed services and/
or their dependents may be disclosed;
a. to a Federal department or agency; or
b. directly to a contractor of a Federal department or agency. When
a disclosure of this information is to be made directly to the
contractor, VA may impose applicable conditions on the department,
agency, and/or contractor to ensure the appropriateness of the
disclosure to the contractor.
7. VA may disclose on its own initiative any information in this
system, except the names and home addresses of veterans and their
dependents, which is relevant to a suspected or reasonably imminent
violation of law, whether civil, criminal or regulatory in nature,
and whether arising by general or program statute or by regulation,
rule or order issued pursuant thereto, to a Federal, State, local,
tribal, or foreign agency charged with the responsibility of
investigating or prosecuting such violation, or charged with
enforcing or implementing the statute, regulation, rule or order. On
its own initiative, VA may also disclose the names and addresses of
veterans and their dependents to a Federal agency charged with the
responsibility of investigating or prosecuting civil, criminal or
regulatory violations of law, or charged with enforcing or
implementing the statute, regulation, rule or order issued pursuant
thereto.
8. For program review purposes and the seeking of accreditation
and/or certification, disclosure may be made to survey teams of the
Rehabilitation Accreditation Commission, Joint Commission on
Accreditation of Healthcare Organizations (JCAHO), College of
American Pathologists, American Association of Blood Banks, and
similar national accreditation agencies or boards with whom VA has a
contract or agreement to conduct such reviews, but only to the extent
that the information is necessary and relevant to the review.
9. Records from this system of records may be disclosed in a
proceeding before a court, adjudicative body, or other administrative
body when the Department, or any Department component or employee (in
his or her official capacity as a VA employee), is a party to
litigation; when the Department determines that litigation is likely
to affect the Department, any of its components or employees, or the
United States has an interest in the litigation, and such records are
deemed to be relevant and necessary to the legal proceedings;
provided, however, that the disclosure is compatible with the purpose
for which the records were collected.
10. Disclosure of relevant information may be made to individuals,
organizations, private or public agencies, etc., with whom VA has a
contract or agreement to perform such services as VA may deem
practicable for the purposes of laws administered by VA, in order for
the contractor or subcontractor to perform the services of the
contract or agreement.
11. 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.
POLICIES AND PRACTICES FOR STORING, RETRIEVING, ACCESSING, RETAINING, AND
DISPOSING OF RECORDS IN THE SYSTEM:
STORAGE:
Magnetic tapes/disks and optical discs. Electronic data are
maintained on Direct Access Storage Devices at the AAC. The AAC
stores registry tapes for disaster backup at a secure, off-site
location.
RETRIEVABILITY:
Records are indexed by name of veteran, social security number, and
unique patient identifiers.
SAFEGUARDS:
1. Data transmissions between VA health care facilities and the VA
databases housed at the AAC are accomplished using the Department's
wide area network. The SCD-Registry program and other programs at the
respective facilities automatically flag records or events for
transmission based upon functionality requirements. VA health care
facilities control access to data by using VHA's VistA software
modules. The Department's Telecommunications Support Service has
oversight responsibility for planning, security, and management of
the wide area network.
2. Access to records at VA health care facilities is only
authorized to VA personnel on a ``need-to-know'' basis. Records are
maintained in staffed rooms during working hours. During non-working
hours, there is limited access to the building with visitor control
by security personnel. Access to the AAC is generally restricted to
AAC staff, VA Central Office employees, custodial personnel, Federal
Protective Service, and authorized operational personnel through
electronic locking devices. All other persons gaining access to the
computer rooms are escorted. Backup records stored off-site for both
the AAC and VA Central Office are safeguarded in secured storage
areas.
3. Strict control measures are enforced to ensure that access to
and disclosure from all records including electronic files and
veteran-specific data elements are limited to VHA employees whose
official duties warrant access to those files. The automated record
system recognizes authorized users by keyboard entry of unique
passwords, access, and verify codes.
RETENTION AND DISPOSAL:
Records will be maintained and disposed of in accordance with
record disposition authority approved by the Archivist of the United
States. Depending on the record medium, records are destroyed by
either shredding or degaussing. Optical disks or other electronic
media are deleted when no longer required for official duties.
VA has submitted a request for records disposition authority to the
National Archives and Records Administration (NARA) for approval.
Upon approval by NARA, VA will publish an amendment to this System of
Records. In the interim, no records will be destroyed.
SYSTEM MANAGER(S) AND ADDRESS:
Official responsible for Spinal Cord Dysfunction--Registry design,
development, and maintenance: SCD-Registry Coordinator (128N), 3350
La Jolla Village Drive, San Diego, California 92161. Official
responsible for policies and procedures: Chief Consultant, Spinal
Cord Injury and Disorders Strategic Healthcare Group (128N), 1660
South Columbian Way, Seattle, Washington 98108.
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 facility
where medical care was provided or submit a written request to the
Chief Consultant, Spinal Cord Injury and Disorders Strategic
Healthcare Group (128N), 1660 South Columbian Way, Seattle,
Washington 98108. 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 may write or visit the nearest VA facility or write to the
Chief Consultant, Spinal Cord Injury and Disorders Strategic
Healthcare Group (128N), 1660 South Columbian Way, Seattle,
Washington 98108.
CONTESTING RECORDS PROCEDURES:
(See Record Access Procedures.)
RECORD SOURCE CATEGORIES:
Various automated record systems providing clinical and managerial
support to VA health care facilities, the veteran, family members,
accredited representatives or friends, and ``Patient Medical
Records--VA'' (24VA19) system of records.
110VA10
System name:
Employee Incentive Scholarship Program (EOISP)-VA.
System location:
Active records will be maintained at the Health Care Staff
Development and Retention Office (HCSDRO/10A2D), Veterans Health
Administration (VHA), Department of Veterans Affairs (VA), 1555
Poydras Street, suite 1971, New Orleans, Louisiana 70112; the Austin
Automation Center (AAC), Department of Veterans Affairs, 1615 East
Woodward Street, Austin, Texas 78772; and the VA healthcare
facilities and VISN offices where scholarship recipients are
employed. Address locations for VA healthcare facilities are listed
in Appendix 1 of the Biennial Publication of Privacy Act Issuances.
Complete records will be maintained only at the HCSDRO address.
Categories of individuals covered by the system:
VA employees who apply for and are denied or granted educational
assistance awards under the provisions of the VA. Employee Incentive
Scholarship Program (EISP) in a field leading to appointment or
retention in a position listed in 38 U.S.C., section 7401.
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, to obligated
service, and to requests for waivers or suspensions of obligated
service or financial indebtedness to VA such as (1) name, (2)
employing facility number, (3) telephone number(s), (4) Social
Security number, (5) award amount, (6) obligated service incurred,
and (7) name and address of the educational institution; or any
amount if indebtedness (accounts receivable) arising from the
scholarship and owed to VA. The application for an EISP award
includes the applicant's full name, employing facility number, home
and work telephone numbers, Social Security number, job title,
current education level, degree sought, description of the academic
program covered by the scholarship, the starting and completion dates
of the employee's academic program, the name and address of the
academic institution, the number of credits in the student's academic
program plan and the cost of the education covered by the academic
program plan. Records may include memoranda submitted by the
employees, calculations for the service obligations, copies ofletters
and/or memoranda from employees making the requests and in
correspondence to employees and appropriate local program officials
delineating the decisions on such requests.
Authority for maintenance of the system:
Title 38, U.S.C. Sections 501, 503, 7451, 7452, and 7431-7440.
Purpose(s);
The records and information may be used for determining and
documenting individual applicant eligibility for scholarship awards,
calculating the service commitments for scholarship recipients,
ensuring program financial accountability, monitoring individual
applicant educational progress, monitoring the employment status of
scholarship recipients during their periods of obligated service,
terminating the employee from the program, and evaluating and
reporting program results and effectiveness. The information would be
used to determine the financial liability of individuals who breach
their EISP contracts.
Routine uses of records maintained in the system, including the
categories of users and the purposes of such uses:
1. Disclosure of any information in this system that is necessary
to verify authenticity and completeness of the application may be
made to educational institutions and other relevant organizations or
individuals.
2. Disclosure of any information in this system may be made to a
Federal agency in order to determine if an applicant has an
obligation for service under another Federal program, thus rendering
the applicant ineligible for a VA Employee Incentive Scholarship
Program Award.
3. Disclosure of an information in this system may be madeto the
local supervisory officials and program coordinators to ensure that
individual data in the system of records is up to date and that award
recipients are in compliance with the terms of the scholarship
program contract.
4. Any information in this system may be used to evaluate and
report program results and effectiveness to appropriate officials
including membersof Congress on a routine and ad hoc basis.
5. Disclosure of information in this system may be made to a
member of Congress or staff person acting for the member when the
member or staff person requests the records on behalf of and at the
request of that individual.
6. Disclosure of information may be made to the National Archives
and Records Administration (NARA) in records management inspections
conducted under authority of Title 44, United States Code.
7. Disclosure of information to the FLRA (including its General
Counsel) when requested in connection with the investigation and
resolution of allegations of unfair labor practices, in connection
with matters before the Federal Service Impasses Panel, and to
investigate representation petitions and conduct or supervise
representation elections.
8. Disclosure may be made to officials of labor organizations
recognized under 5 U.S.C. chapter 71 when relevant and necessary to
their duties iof exclusive representation concerning personnel
personnel policies, practices, and matters affecting working
conditions.
9. Disclosure may be made to officials of the Merit Systems
Protection Board, including the Office of the Special Counsel, when
requested in connection with appeals, special studies of the civil
service and other merit systems, review of rules and regulations,
investigation of alleged or possible prohibited personnel praxctices,
and such other functions, promulgated in 5 U.S.C. 1205 and 1206, or
as may be authorized by law.
10. Disclosure may be made to the Equal Employment Opportunity
Commission when requested in connection with investigations of
alleged or possible discrimination practices, examination of Federal
affirmative employment programs, compliance with the Uniform
Guidelines of Employee Selection Procedures, or other functions
vested in the Commission by the President's Reorganization Plan No. 1
of 1978.
Discclosure to consumer reporting agencies:
Pursuant to 5 U.S.C. 552a(b)(2), VA may disclose records from
this system to consumer reproting 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)).
Policies and practices for storing, retrieving, accessing,
retaining, and disposing of records in the system:
Storage:
Records are maintained on paper, electronic media and computer
printouts.
Retrievability:
Records are retrieved by use of the award number or an equivalent
participant account number assigned by HCSDRO, social security number
and the name of the individual.
Safeguards:
Access to the basic file in HCSDRO is restricted to authorized VA
employees and vendors. Access to the office spaces where electronic
media is maintained within HCSDRO is further restricted to
specifically authorized employees and is protected by contracted
building security services. Records (typically computer printouts) at
HCSDRO will be kept in locked files and made available only to
authorized personnel on a need-to-know basis. Druing non-working
hours the file is locked and the building is protected by contracted
building security services. Records stored on electronic media are
maintained on a VA-approved and managed, password-protected, secure
local area network (LAN) located within HCSDRO office spaces and
safeguarded as described above. Records stored on electronic media at
Veterans Integrated Service Network (VISN) Offices, VA healthcare
facilities, and the AAC in Austin, Texas are provided equivalent
safegurds subject to local policies mandating protection of
information subject to federal safeguards.
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, Health Care Staff Development and Retention Office
(10A2D), Veterans Health Administration, Department of Veterans
Affairs, 1555 Poydras Street, Suite 1971, New Orleans, Louisiana
70112.
Notification procedure:
Any individual who wishes to determine whether a record is bing
maintained in this system under his or her name or oither personal
identifier, or wants to determine the contents of such records,
should submit a written request or apply in person to the Director,
Health Care Staff Development and Retention Office, Veterans Health
Administration, Department of Veterans Affairs, 1555 Poydras Street,
Suite 1971, New Orleans, Louisiana 70112.
Record access procedures:
Individuals seeking information regarding access to and
contesting of VA records in this sytem may write, call or visit the
Director, Health Care Staff Development and Retention Office (10A2D),
Veterans Health Administration, Department of Veterans Affairs, 1555
Poydras Street, Suite 1971, New Orleans, Louisiana 70112. The
telephone number is (504) 589-5267.
Contesting record procedures:
(See Record 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 AAC, other Federal
agencies, State agencies and consumer reporting agencies.
111VA95E
System name:
Center for Acquisition and Materiel Management Education Online
(CAMEO)--VA.
System location:
The system is maintained for the Department of Veterans Affairs
(VA) under contract. Records are located at the contractor's
facility, currently Meridian Knowledge Solutions, Inc., 4465
Brookfield Corporate Drive, Suite 201, Chantilly, VA 20151. In
addition, information from these records or copies of the records may
be maintained at the Department of Veterans Affairs, Office of
Acquisition and Materiel Management, 810 Vermont Avenue, NW,
Washington, DC 20420.
Categories of individuals covered by the system:
The records include information concerning VA employees who work
in acquisition, contracting, and materiel management positions,
including personnel in the 1100 occupational series, contracting
officers, contracting officers' technical representatives, and other
employees performing acquisition, contracting, procurement, and
materiel management functions.
Categories of records in the system:
The system will contain information needed for enhancing training
opportunities of VA employees in the Federal acquisition and materiel
management work force. Records include, but are not limited to: (1)
Biographical data such as name, social security number, and
educational level; (2) work-related data such as duty station,
occupational series and grade, supervisor's name, and contracting
officer warrant information; (3) educational qualifications such as
degrees from accredited universities or colleges and business credits
completed; and (4) training information such as completed acquisition
core courses and total continuing education hours for the previous
and current fiscal year.
Authority for maintenance of the system:
Title 38, United States Code (U.S.C.), section 501, and section
37 of the Office of Federal Procurement Policy Act (41 U.S.C. 433).
Purpose(s):
The records and information will be used to enhance training
opportunities of VA employees in acquisition and materiel management
occupations; to ensure that employees meet training requirements; and
to document the training received. The system will provide management
and employees up-to-date information on employee certification
levels, qualification standards, academic degrees, mandatory and
other pertinent training, and contracting officer warrant status.
Routine uses of records maintained in the system, including
categories of users and the purposes of such uses:
1. Disclosure may be made to a Congressional office from the
record of an individual in response to an inquiry from the
Congressional office made at the request of that individual.
2. Disclosure may be made to the National Archives and Records
Administration (NARA) in records management inspections conducted
under the authority of Title 44 U.S.C.
3. Records from this system of records may be disclosed to the
Department of Justice (DOJ) or in a proceeding before a court,
adjudicative body, or other administrative body before which the
Agency is authorized to appear when: (1) The Agency, or any component
thereof; (2) any employee of the Agency in his or her official
capacity, where DOJ or the Agency has agreed to represent the
employee; or (3) the United States, when the Agency determines that
litigation is likely to affect the Agency or any of its components;
is a party to litigation, and has an interest in such litigation, and
the use of such records by DOJ or the Agency is deemed by the Agency
to be relevant and necessary to the litigation, provided, however,
that the disclosure is compatible with the purpose for which the
records were collected.
4. Disclosure of relevant information may be made to individuals,
organizations, private or public agencies, or other entities with
whom VA has a contract or agreement or where there is a subcontract
to perform such services as VA may deem practicable for the purposes
of laws administered by VA, in order for the contractor or
subcontractor to perform the services of the contract or agreement.
5. VA may disclose on its own initiative any information in this
system that is relevant to a suspected or reasonably imminent
violation of law, whether civil, criminal or regulatory in nature and
whether arising by general or program statute or by regulation, rule
or order issued pursuant thereto, to a Federal, State, local, tribal,
or foreign agency charged with the responsibility of investigating or
prosecuting such violation, or charged with enforcing or implementing
the statute, regulation, rule or order.
6. Disclosure may be made to an appeal, grievance, hearing, or
complaints examiner; an equal employment opportunity investigator,
arbitrator, or mediator; and an exclusive representative or other
person authorized to investigate or settle a grievance, complaint, or
appeal filed by an individual who is the subject of the record.
7. Disclosure may be made to the Office of Personnel Management
(OPM), the Office of Management and Budget (OMB), and the General
Accounting Office (GAO) in order for them to perform their
responsibilities for evaluating Federal programs.
8. Disclosure may be made to a requesting Federal agency for that
agency's use in connection with the hiring, retaining or promotion of
an employee where the information is relevant and necessary for the
decision.
9. Information may be disclosed to officials of labor
organizations recognized under 5 U.S.C. Chapter 71, when relevant and
necessary to their duties of exclusive representation concerning
personnel policies, practices, and matters affecting working
conditions.
10. Information may be disclosed to officials of the Merit
Systems Protection Board or the Office of the Special Counsel when
requested in connection with appeals, special studies of the civil
service and other merit systems, review of rules and regulations,
investigation of alleged or possible prohibited personnel practices,
and such other functions, promulgated in 5 U.S.C. 1205 and 1206, or
as may be authorized by law.
11. Information may be disclosed to the Equal Employment
Opportunity Commission when requested in connection with
investigations of alleged or possible discriminatory practices,
examination of Federal affirmative employment programs, or for other
functions of the Commission as authorized by law.
12. Information may be disclosed to the Federal Labor Relations
Authority (including its General Counsel) when appropriate
jurisdiction has been established and the information has been
requested in connection with the investigation and resolution of
allegations of unfair labor practices or in connection with the
resolution of exceptions to arbitration awards when a question of
material fact is raised; and to the Federal Service Impasses Panel in
matters they are considering.
Policies and practices for storing, retrieving, accessing,
retaining, and disposing of records in the system:
Storage:
Records are maintained on paper and electronic storage media,
including magnetic tape and magnetic disk media.
Retrievability:
Records are retrieved by name, social security number or other
assigned identifiers of the individuals on whom the records 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 computer rooms at VA Central Office and health care
facilities is generally limited by appropriate locking devices and
restricted to authorized VA employees and vendor personnel. ADP
peripheral devices are placed in secure areas (areas that are locked
or have limited access) or are otherwise protected.
3. Access to the contractor's computer rooms is restricted to
authorized vendor employees through electronic locking devices.
Information stored in the CAMEO system may be accessed by authorized
VA employees at remote locations, including VA health care facilities
and VA Central Office. Access is controlled by individually unique
passwords/codes that must be changed periodically by the employee or
the appropriate designated personnel. The database is maintained by
the contractor behind a firewall that has been certified by the
National Computer Security Association.
Retention and disposal:
Paper records and electronic storage media are maintained and
disposed of in accordance with records disposition authority approved
by the Archivist of the United States.
System manager(s) and address:
Official responsible for policies and procedures: Chief,
Acquisition Training and Career Development Division (95E), Office of
Acquisition and Materiel Management (90), Department of Veterans
Affairs, 810 Vermont Avenue, NW., Washington, DC 20420.
Notification procedure:
Individuals who wish to determine whether this system of records
contains information about them should contact the System Manager at
the above address. Inquiries should include the person's full name,
social security number, dates of employment, date(s) of contact, and
return address.
Record Access Procedure:
Individuals seeking information regarding access to and/or
contesting the records in this system may write, call or visit the VA
facility location where they are or were employed.
Contesting record procedures:
See Record Access Procedures above.
Record source categories:
Information in this system of records is provided:
1. By individuals on whom the record is maintained.
2. By supervisors and managers.
3. By other agency officials.
4. By accredited colleges or universities.
5. By related correspondence.
6. By other agency records.
113VA112
System name:
Telephone Care and Service Records--VA.
System location:
Records are located at each Call Center, which are operated at VA
health care facilities or at contractor locations. Address locations
for VA facilities are listed in VA Appendix 1 of the biennial
publication of VA Privacy Act Issuances. In addition, information
from clinical symptom calls is maintained in the patient's medical
record at VA health care facilities and at the Department of Veterans
Affairs (VA), 810 Vermont Avenue, NW., Washington, DC; Veterans
Integrated Service Network Offices (VISNs); and Employee Education
Systems.
Categories of individuals covered by the system:
The records include information concerning individual enrolled
patients.
Categories of records in the system:
The records may include information related to:
1. Clinical care such as clinical symptoms, questions asked about
symptoms, answers received, clinical protocol used and advice
provided. It might include doctors' orders for patient care including
nursing care, current medications, including their scheduling and
delivery, consultations, radiology, laboratory and other diagnostic
and therapeutic examinations and results; clinical protocol and other
reference materials; education provided, including title of education
material and reports of contact with individuals or groups. It
includes information related to the patient's or family member's
understanding of the advice given and their plan of action and,
sometimes, the effectiveness of those actions.
2. Record of all calls made to the Call Center, including caller
questions about medications, their uses and side effects; requests
for renewals of prescriptions, appointment changes, benefits
information and the actions taken related to each call, including the
notification of providers and other staffs about the call.
3. Contact information from private sector medical facilities or
clinicians contacting the VA about issues such as enrolled veterans'
visits to an emergency department or admissions to a community
medical center.
Authority for maintenance of the system:
Title 38, United States Code, section 501.
Purpose(s):
The purpose of these records is to provide clinical and
administrative support to patient care and provide medical and
administrative documentation of the care and/or services provided in
Call Centers. The records may be used for such purposes as improving
Call Center staff's ability to provide telephone care services to
veterans and the quality of the service by having immediate access to
records of calls made previously by the veteran. Records may be used
for purposes of notifying VA providers of the patient's condition and
status, the criteria used to judge the status of the patient and/or
the information given to the external provider on follow-up steps
that they must take to receive authorization for the care.
Records may be used to assess and improve the quality of the
services provided through telephone care services and to produce
various management and patient follow-up reports. Records may be used
to respond to patient, family and other inquiries, including at times
non-VA clinicians and Joint Commission for Accreditation of
Healthcare Organizations (JCAHO) or the Utilization Review
Accreditation Commission (URAC) for the accreditation of a Call
Center or facility. Records may also be used to conduct health care
related studies, statistical analysis, and resource allocation
planning using data that has been stripped of individual patient
identifiers. The clinical information is integrated into the
patient's overall medical record, into quality improvement plans, and
activities of the facility, such as utilization review and risk
management. They are also used to improve Call Center services, such
as patient education, the improved integration of clinical care, the
provision of telephone care services, and communication.
Routine uses of records maintained in the system, including
categories of users and the purposes of such uses:
Information contained in the record system may include
information protected by 38 U.S.C. 7332, i.e., medical treatment
information related to drug abuse, alcoholism or alcohol abuse,
sickle cell anemia or infection with the human immunodeficiency
virus, that cannot be disclosed under a routine use unless there is
also specific statutory authority permitting disclosure.
1. Disclosure may be made to a member of Congress or staff person
acting for the member when the member or staff person requests the
records on behalf of and at the request of that individual.
2. Disclosure may be made to the Department of Justice and United
States Attorneys in defense or prosecution of litigation involving
the United States, and to Federal agencies upon their request in
connection with review of administrative tort claims filed under the
Federal Tort Claims Act, 28 U.S.C. 2672.
3. Disclosure may be made to a Federal agency or to a State or
local government licensing board and/or to the Federation of State
Medical Boards or a similar nongovernment entity which maintains
records concerning individual's employment histories or concerning
the issuance, retention or revocation of licenses, certifications, or
registration necessary to practice an occupation, profession or
specialty, in order for the Department to obtain information relevant
to a Department decision concerning the hiring, retention or
termination of an employee or to inform a Federal agency or licensing
boards or the appropriate 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.
4. Disclosure may be made for program review purposes and the
seeking of accreditation and/or certification, disclosure may be made
to survey teams of the Joint Commission on Accreditation of
Healthcare Organizations, College of American Pathologists, American
Association of Blood Banks, and similar national accreditation
agencies or boards with whom VA has a contract or agreement to
conduct such reviews, but only to the extent that the information is
necessary and relevant to the review.
5. Disclosure may be made to a State or local government entity
or national certifying body which has the authority to make decisions
concerning the issuance, retention or revocation of licenses,
certifications or registrations required to practice a health care
profession, when requested in writing by an investigator or
supervisory official of the licensing entity or national certifying
body for the purpose of making a decision concerning the issuance,
retention or revocation of the license, certification or registration
of a named health care professional.
6. Disclosure may be made to the National Practitioner Data Bank
at the time of hiring and/or clinical privileging/reprivileging of
health care practitioners, and other times as deemed necessary by VA.
7. Disclosure may be made to the National Practitioner Data Bank
and/or State Licensing Board in the State(s) in which a practitioner
is licensed, in which the VA facility is located, and/or in which an
act or omission occurred upon which a medical malpractice claim was
based when VA reports information concerning: (1) Any payment for the
benefit of a physician, dentist, or other licensed health care
practitioner which was made as the result of a settlement or judgment
of a claim of medical malpractice if an appropriate determination is
made in accordance with agency policy that payment was related to
substandard care, professional incompetence or professional
misconduct on the part of the individual; (2) a final decision which
relates to possible incompetence or improper professional conduct
that adversely affects the clinical privileges of a physician or
dentist for a period longer than 30 days; or, (3) the acceptance of
the surrender of clinical privileges or any restriction of such
privileges by a physician or dentist either while under investigation
by the health care entity relating to possible incompetence or
improper professional conduct, or in return for not conducting such
an investigation or proceeding. These records may also be disclosed
as part of a computer matching program to accomplish these purposes.
8. Disclosure of information related to the performance of a
health care student or provider may be made to a medical or nursing
school or other health care related training institution or other
facility with which there is an affiliation, sharing agreement,
contract or similar arrangement when the student or provider is
enrolled at or employed by the school or training institution or
other facility and the information is needed for personnel
management, rating and/or evaluation purposes.
9. Disclosure of relevant information may be made to individuals,
organizations, private or public agencies, etc., with whom VA has a
contract or agreement to perform such services as VA may deem
practicable for the purposes of laws administered by VA, in order for
the contractor or subcontractor to perform the services of the
contract or agreement.
10. Disclosure may be made to a Federal agency, in response to
its request, in connection with the hiring or retention of an
employee, the issuance of a security clearance, reporting of an
investigation of an employee, the letting of a contract, or the
issuance or continuance of a license, grant or other benefit given by
that agency to the extent that the information is relevant and
necessary to the requesting agency's decision on the matter.
11. Disclosure of information may be made to the next-of-kin and/
or the person(s) with whom the patient has a meaningful relationship
to the extent necessary and on a need-to-know basis consistent with
good medical-ethical practices.
12. On its own initiative, VA may disclose information, except
for the names and home addresses of veterans and their dependents, to
a Federal, State, local, tribal or foreign agency charged with the
responsibility of investigating or prosecuting civil, criminal or
regulatory violations of law, or charged with enforcing or
implementing the statute, regulation, rule or order issued pursuant
thereto. On its own initiative, VA may also disclose the names and
addresses of veterans and their dependents to a Federal agency
charged with the responsibility of investigating or prosecuting
civil, criminal or regulatory violations of law, or charged with
enforcing or implementing the statute, regulation, rule or order
issued pursuant thereto.
13. Disclosure of relevant information may be made to a non-VA
physician or medical facility staff caring for a veteran for the
purpose of providing relevant clinical information in an urgent or
emergent situation.
Policies and practices for storing, retrieving, accessing,
retaining, and disposing of records in the system:
Storage:
Records are maintained on paper and automated storage media, such
as magnetic tape, disc or laser optical medial.
Retrievability:
Records are retrieved by name, social security number or other
assigned identifier of the enrolled veteran who is calling or about
whom the call is being made.
Safeguards:
1. Access to patient-specific information located in Call Center
databases and storage areas is restricted to VA employees and
contract personnel on a ``need-to-know'' basis; strict control
measures are enforced to ensure that disclosure to these individuals
is also based on this same principle. Generally, VA Call Center file
areas are locked after normal duty hours or when the Call Center is
closed, and the facilities are protected from outside access by the
Federal Protective Service or other security personnel.
2. Access to VA and contracted Call Centers and computer rooms is
generally limited by appropriate locking devices and restricted to
authorized VA employees and vendor personnel. ADP peripheral devices
are placed in secure areas (areas that are locked or have limited
access) or are otherwise protected. Information in the Veterans
Health Information Systems and Technology Architecture (VistA) may be
accessed by authorized VA employees or authorized contract employees.
Access to file information is controlled at two levels; the systems
recognize authorized employees or contract employees by a series of
individually unique passwords/codes as a part of each data message,
and personnel are limited to only that information in the file which
is needed in the performance of their official duties. Information
that is downloaded from VistA and maintained on VA or contract
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 and
contract locations is controlled by individually unique passwords/
codes.
3. Remote access to VHA information in VistA is provided to those
Call Center employees, either VA or contract staff, that require
access to information stored in the medical record. Access to this
information is protected through hardened user access and is
controlled by individual unique passwords. Additionally, contracted
Call Centers, either VA or private sector, are required to have a
separate computer security plan that meets national information
security requirements.
Retention and disposal:
Records are to be disposed of in accordance with the Veterans
Health Administration Records Control Schedule; 10-1. Paper records
and information stored on electronic storage media are maintained and
disposed of in accordance with the records disposition authority
approved by the Archivist of the United States.
System manager(s) and address:
Official responsible for policies and procedures: Chief
Consultant for Primary and Ambulatory Care (112), Department of
Veterans Affairs, 810 Vermont Avenue, NW, Washington, DC 20420.
Officials maintaining the system: Network and/or facility director at
the Network and/or facility where the individuals are associated.
Notification procedure:
Individuals who wish to determine whether a record is being
maintained in this system under his or her name or other personal
identifier, or wants to determine the contents of such record, should
submit a written request or apply in person to the last VA health
care facility where care was rendered. Addresses of VA health care
facilities may be found in VA Appendix 1 at the end of this document.
Inquiries should include the person's full name, social security
number, dates of employment, date(s) of contact, and return address.
Record access procedures:
Individuals seeking information regarding access to and
contesting of records in this system may write or visit the VA
facility location where they normally receive their care.
Contesting record procedures:
(See Record Access Procedures above.)
Record source categories:
Record sources include: Enrolled patients, patients' families and
friends, private medical facilities and their clinical and
administrative staffs, health care professionals, Patient Medical
Records-VA (24VA136), VistA (79VA19), VA health care providers, and
Call Center nurses and administrative staff.
114VA16
System name:
The Revenue Program--Billing and Collections Records-VA.
System location:
Records are maintained at each VA healthcare facility. In most
cases, back-up computer tape information is stored at off-site
locations. Address locations for VA facilities are listed in VA
Appendix 1 of the biennial publication of VA Privacy Act Issuances.
In addition, information from these records or copies of records may
be maintained at the Department of Veterans Affairs (VA), 810 Vermont
Avenue, NW, Washington, DC; the VA Austin Automation Center (AAC),
Austin, Texas; Veterans Integrated Service Network (VISN) Offices; VA
Allocation Resource Center (ARC), Boston, Massachusetts, and
contractor facilities.
Categories of individuals covered by the system:
1. Veterans who have applied for healthcare services under Title
38, United States Code, Chapter 17, and in certain cases members of
their immediate families.
2. Beneficiaries of other Federal agencies.
3. Individuals examined or treated under contract or resource
sharing agreements.
4. Individuals examined or treated for research or donor
purposes.
5. Individuals who have applied for Title 38 benefits but who do
not meet the requirements under Title 38 to receive such benefits.
6. Individuals who were provided medical care under emergency
conditions for humanitarian reasons.
7. Pensioned members of allied forces (Allied Beneficiaries) who
are provided healthcare services under Title 38, United States Code,
Chapter 1.
8. Healthcare professionals providing examination or treatment to
any individuals within VA healthcare facilities.
9. Healthcare professionals providing examination or treatment to
individuals under contract or resource sharing agreements.
Categories of records in the system:
The records may include information related to:
1. The social security number and insurance policy number of the
veteran and/or veteran's spouse. The record may include other
identifying information (e.g., name, date of birth, age, sex, marital
status) and address information (e.g., home and/or mailing address,
home telephone number).
2. Insurance company information specific to coverage of the
veteran and/or spouse to include annual deductibles and benefits.
3. Diagnostic codes (ICD9-CM, CPT-4, and any other coding system)
pertaining to the individual's medical, surgical, psychiatric, dental
and/or psychological examination or treatment.
4. Charges claimed to a third party payer, including insurance
companies, other Federal agencies, or foreign governments, based on
treatment/services provided to the patient.
5. Charges billed to those veterans who are required to meet co-
payment obligations for treatment/services rendered by VA.
6. The name, social security number, universal personal
identification number, National Provider Identifier (NPI) and
credentials including provider's degree, licensure, certification,
registration or occupation of healthcare providers.
Authority for maintenance of the system:
Title 38, United States Code (U.S.C.), sections 1710 and 1729.
Purpose(s):
The records and information are used for the billing of, and
collections from, a third-party payer, including insurance companies,
other Federal agencies, or foreign governments, for medical care or
services received by a veteran for a nonservice-connected condition
or from a first party veteran required to make co-payments. The
records and information are also used for the billing of and
collections from other Federal agencies for medical care or services
received by an eligible beneficiary. The data may be used to identify
and/or verify insurance coverage of a veteran or veteran's spouse
prior to submitting claims for medical care or services. The data may
be used to support appeals for non-reimbursement of claims for
medical care or services provided to a veteran. The data may be used
to enroll healthcare providers with health plans and VA's healthcare
clearinghouse in order to electronically file third-party claims. For
the purposes of healthcare billing and payment activities to and from
third party payers, VA will disclose information in accordance with
the legislatively-mandated transaction standard and code sets
promulgated by the United States Department of Health and Human
Services (HHS) under the Health Insurance Portability and
Accountability Act (HIPAA). The records and information may be used
for statistical analyses to produce various management, tracking and
follow-up reports, to track and trend the reimbursement practices of
insurance carriers, and to track billing and collection information.
The data may be used to enroll healthcare providers with health
plans and VA's healthcare clearinghouse in order to electronically
file third party claims. The data may be used to make application for
a NPI, as required HIPAA Administrative Simplification Rule on
Standard
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.