Notice2023-02388
Privacy Act of 1974; System of Records
Primary source
Metadata and text below are from the Federal Register, a public-domain U.S. government work. Always verify the official published version before relying on it for any legal matter.
Published
February 6, 2023
Issuing agencies
Veterans Affairs Department
Abstract
Pursuant to the Privacy Act of 1974, notice is hereby given that the Department of Veterans Affairs (VA) is amending the system of records entitled, "Veterans Assistance Discharge System-VA" (45VA21). This system collects a limited amount of personally identifiable information (PII) for the purpose of maintaining records and providing benefits to Veterans who file claims for a wide variety of Federal Veteran's benefits administered by VA at VA facilities located throughout the United States. VA gathers or creates these records to enable it to administer statutory benefits programs. VA is republishing the system notice in its entirety.
Full Text
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<title>Federal Register, Volume 88 Issue 24 (Monday, February 6, 2023)</title>
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[Federal Register Volume 88, Number 24 (Monday, February 6, 2023)]
[Notices]
[Pages 7776-7778]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2023-02388]
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DEPARTMENT OF VETERANS AFFAIRS
Privacy Act of 1974; System of Records
AGENCY: Veterans Benefits Administration (VBA), Department of Veterans
Affairs (VA).
ACTION: Notice of a modified system of records.
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SUMMARY: Pursuant to the Privacy Act of 1974, notice is hereby given
that the Department of Veterans Affairs (VA) is amending the system of
records entitled, ``Veterans Assistance Discharge System-VA'' (45VA21).
This system collects a limited amount of personally identifiable
information (PII) for the purpose of maintaining records and providing
benefits to Veterans who file claims for a wide variety of Federal
Veteran's benefits administered by VA at VA facilities located
throughout the United States. VA gathers or creates these records to
enable it to administer statutory benefits programs. VA is republishing
the system notice in its entirety.
DATES: Comments on this modified system of records must be received no
later than 30 days after date of publication in the Federal Register.
If no public comment is received during the period allowed for comment
or unless otherwise published in the Federal Register by VA, the
modified system of records will become effective a minimum of 30 days
after date of publication in the Federal Register. If VA receives
public comments, VA shall review the comments to determine whether any
changes to the notice are necessary.
ADDRESSES: Comments may be submitted through <a href="http://www.Regulations.gov">www.Regulations.gov</a> or
mailed to VA Privacy Service, 810 Vermont Avenue NW, (005R1A),
Washington, DC 20420. Comments should indicate that they are submitted
in response to Veterans Assistance Discharge System-VA (45VA21).
Comments received will be available at <a href="http://regulations.gov">regulations.gov</a> for public
viewing, inspection, or copies.
FOR FURTHER INFORMATION CONTACT: Cheryl J. Rawls, Director of Outreach,
Transition, and Economic Development (OTED), Veterans Benefits
Administration (VBA), Department of Veterans Affairs, 1800 G Street NW,
Washington, DC 20006, (202) 461-9412, <a href="/cdn-cgi/l/email-protection#48071c0d0c661e0a090b07081e09660f071e"><span class="__cf_email__" data-cfemail="a2edf6e7e68cf4e0e3e1ede2f4e38ce5edf4">[email protected]</span></a>.
SUPPLEMENTARY INFORMATION: VA is amending the system by updating the
Routine Uses of Records Maintained in the System. Additionally, the
name and address of the System Owner has been updated for accuracy.
Signing Authority
The Senior Agency Official for Privacy, or designee, approved this
document and authorized the undersigned to sign and submit the document
to the Office of the Federal Register for publication electronically as
an official document of the Department of Veterans Affairs. Kurt D.
DelBene, Assistant Secretary for Information and Technology and Chief
Information Officer, approved this document on January 31, 2023 for
publication.
Dated: February 1, 2023.
Amy L. Rose,
Program Analyst, VA Privacy Service, Office of Information Security,
Office of Information and Technology, Department of Veterans Affairs.
SYSTEM NAME AND NUMBER:
Veterans Assistance Discharge System-VA (45VA21).
SECURITY CLASSIFICATION:
Classified.
SYSTEM LOCATION:
Records are maintained at VA Regional Offices; VA Medical Centers;
the VA Records Management Center, St. Louis, Missouri; and at the
Corporate Franchise Data Center in Austin, Texas.
SYSTEM MANAGER(S):
Cheryl J. Rawls, Director Outreach, Transition, and Economic
Development (OTED), Veterans Benefits Administration (VBA), Department
of Veterans Affairs, 1800 G Street NW, Washington DC 20006, (202) 461-
9412, <a href="/cdn-cgi/l/email-protection#92ddc6d7d6bcc4d0d3d1ddd2c4d3bcd5ddc4"><span class="__cf_email__" data-cfemail="0d42594849235b4f4c4e424d5b4c234a425b">[email protected]</span></a>.
AUTHORITY FOR MAINTENANCE OF THE SYSTEM:
38 U.S.C., chapter 3, sections 501(a), (b).
PURPOSE(S) OF THE SYSTEM:
This system collects a limited amount of personally identifiable
information (PII) for the purpose of maintaining records and providing
benefits to Veterans who file claims for a wide variety of Federal
Veteran's benefits administered by VA at VA facilities located
throughout the United States. See the statutory provisions cited in
``Authority for maintenance of the system''. VA gathers or creates
these records to enable it to administer these statutory benefits
programs.
CATEGORIES OF INDIVIDUALS COVERED BY THE SYSTEM:
Individuals (Veterans only) released from active military service
since March 1973, for whom separation documents (i.e., DD Forms 214,
215) were received in the Corporate Franchise Data Center in Austin,
Texas.
CATEGORIES OF RECORDS IN THE SYSTEM:
The records, or information contained in the records, may include
PII and military discharge information. PII may include the following
concerning the Veteran: full name, Social Security number, service
number and date of birth. Military discharge information may include
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, level 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 non-paydays, 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.
RECORD SOURCE CATEGORIES:
The Department of Defense provides copies of DD Form 214,
Certificate of Release or Discharge from Active Duty and DD Form 215,
Correction to DD Form 214 to VA. U.S. Public Health Service provides
copies of PHS-1867, Statement of Service Verification of Status of
Commissioned Officers of the U.S. PHS to VA. The National Oceanic and
Atmospheric Administration provides VA with copies of ESSA Form 56-16,
Report of Separation Discharge.
ROUTINE USES OF RECORDS MAINTAINED IN THE SYSTEM, INCLUDING CATEGORIES
OF USERS AND PURPOSES OF SUCH USES:
1. Congress: VA may disclose information to a Member of Congress or
staff acting upon the Member's behalf when the Member or staff requests
the information on behalf of, and at the request of, the individual who
is the subject of the record.
2. Data Breach Response and Remediation, for VA: VA may disclose
information to appropriate agencies, entities, and persons when (1) VA
suspects or has confirmed that there has been a breach of the system of
records, (2) VA has determined that as a result of the suspected or
confirmed breach there is a risk of harm to individuals, VA (including
its information systems, programs, and operations), the Federal
Government, or national security; and (3) the disclosure made to such
agencies, entities, and persons is reasonably necessary to assist in
[[Page 7777]]
connection with VA's efforts to respond to the suspected or confirmed
breach or to prevent, minimize, or remedy such harm.
3. Data Breach Response and Remediation, for Another Federal
Agency: VA may disclose information to another Federal agency or
Federal entity, when VA determines that information from this system of
records is reasonably necessary to assist the recipient agency or
entity in (1) responding to a suspected or confirmed breach or (2)
preventing, minimizing, or remedying the risk of harm to individuals,
the recipient agency or entity (including its information systems,
programs, and operations), the Federal Government, or national
security, resulting from a suspected or confirmed breach.
4. Law Enforcement: VA may disclose information that, either alone
or in conjunction with other information, indicates a violation or
potential violation of law, whether civil, criminal, or regulatory in
nature, to a Federal, state, local, territorial, tribal, or foreign law
enforcement authority or other appropriate entity charged with the
responsibility of investigating or prosecuting such violation or
charged with enforcing or implementing such law. The disclosure of the
names and addresses of Veterans and their dependents from VA records
under this routine use must also comply with the provisions of 38
U.S.C. 5701.
5. DoJ for Litigation or Administrative Proceeding: VA may disclose
information to the Department of Justice (DoJ), or in a proceeding
before a court, adjudicative body, or other administrative body before
which VA is authorized to appear, when:
(a) VA or any component thereof;
(b) Any VA employee in his or her official capacity;
(c) Any VA employee in his or her individual capacity where DoJ has
agreed to represent the employee; or
(d) The United States, where VA determines that litigation is
likely to affect the agency or any of its components is a party to such
proceedings or has an interest in such proceedings, and VA determines
that use of such records is relevant and necessary to the proceedings.
6. Contractors: VA may disclose information to contractors,
grantees, experts, consultants, students, and others performing or
working on a contract, service, grant, cooperative agreement, or other
assignment for VA, when reasonably necessary to accomplish an agency
function related to the records.
7. OPM: VA may disclose information to the Office of Personnel
Management (OPM) in connection with the application or effect of civil
service laws, rules, regulations, or OPM guidelines in particular
situations.
8. EEOC: VA may disclose information to the Equal Employment
Opportunity Commission (EEOC) in connection with investigations of
alleged or possible discriminatory practices, examination of Federal
affirmative employment programs, or other functions of the Commission
as authorized by law.
9. FLRA: VA may disclose information to the Federal Labor Relations
Authority (FLRA) in connection with the investigation and resolution of
allegations of unfair labor practices, the resolution of exceptions to
arbitration awards when a question of material fact is raised, matters
before the Federal Service Impasses Panel, and the investigation of
representation petitions and the conduct or supervision of
representation elections.
10. MSPB: VA may disclose information to the Merit Systems
Protection Board (MSPB) in connection with appeals, special studies of
the civil service and other merit systems, review of rules and
regulations, investigation of alleged or possible prohibited personnel
practices, and such other functions promulgated in 5 U.S.C. 1205 and
1206, or as authorized by law.
11. NARA: VA may disclose information to the National Archives and
Records Administration (NARA) in records management inspections
conducted under 44 U.S.C. 2904 and 2906, or other functions authorized
by laws and policies governing NARA operations and VA records
management responsibilities.
12. Federal Agencies, for Computer Matches: VA may disclose
information from this system to other federal agencies for the purpose
of conducting computer matches to obtain information to determine or
verify eligibility of Veterans receiving VA benefits or medical care
under title 38, U.S.C.
13. Governmental Agencies, Health Organizations, for Claimants'
Benefits: VA may disclose information to Federal, state, and local
government agencies and national health organizations as reasonably
necessary 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.
14. Governmental Agencies, for VA Hiring, Security Clearance,
Contract, License, Grant: VA may disclose information to a Federal,
state, local, or other governmental agency maintaining civil or
criminal violation records, or other pertinent information, such as
employment history, background investigations, or personal or
educational background, to obtain information relevant to VA's hiring,
transfer, or retention of an employee, issuance of a security
clearance, letting of a contract, or issuance of a license, grant, or
other benefit. The disclosure of the names and addresses of Veterans
and their dependents from VA records under this routine use must also
comply with the provisions of 38 U.S.C. 5701.
15. Federal Agencies, for Employment: VA may disclose information
to a Federal agency, except the United States Postal Service, or to the
District of Columbia government, in response to its request, in
connection with that agency's decision on the hiring, transfer, or
retention of an employee, the issuance of a security clearance, the
letting of a contract, or the issuance of a license, grant, or other
benefit by that agency.
16. State or Local Agencies, for Employment: VA may disclose
information to a state, local, or other governmental agency, upon its
official request, as relevant and necessary to that agency's decision
on the hiring, transfer, or retention of an employee, the issuance of a
security clearance, the letting of a contract, or the issuance of a
license, grant, or other benefit by that agency. The disclosure of the
names and addresses of Veterans and their dependents from VA records
under this routine use must also comply with the provisions of 38
U.S.C. 5701.
17. Law Enforcement, for Locating Fugitive: In compliance with 38
U.S.C. 5313B(d), VA may disclose information to any Federal, state,
local, territorial, tribal, or foreign law enforcement agency in order
to identify, locate, or report a known fugitive felon.
18. Business Partners, for Collaborative Efforts: VA may disclose
information to individuals or entities with whom VA has a written
agreement or arrangement to perform such services as VA may deem
practical for the purpose of laws administered by VA.
19. Federal Agencies, for Research: VA may disclose information to
a Federal agency for the purpose of conducting research and data
analysis to perform a statutory purpose of that Federal agency upon the
written request of that agency.
20. DOD, for Military Mission: VA may disclose information
regarding individuals treated under 38 U.S.C. 8111A to the Department
of Defense, or its components, for the purpose deemed necessary by
appropriate military
[[Page 7778]]
command authorities to assure proper execution of the military mission.
21. OMB: VA may disclose information to the Office of Management
and Budget (OMB) for the performance of its statutory responsibilities
for evaluating Federal programs.
22. Claims Representatives: VA may disclose information relevant to
a claim of a veteran or beneficiary, such as the name, address, the
basis and nature of a claim, amount of benefit payment information,
medical information, and military service and active duty separation
information, only at the request of the claimant to accredited service
organizations, VA-approved claim agents, and attorneys acting under a
declaration of representation, so that these individuals can aid
claimants in the preparation, presentation, and prosecution of claims
under the laws administered by VA.
23. Nonprofits, for RONA: VA may disclose the names and address(es)
of present or former members of the armed services or their
beneficiaries: (1) to a 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 names or addresses
be provided for a purpose authorized by law; provided that the records
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).
24. Outreach: VA may disclose information upon request to any
state, local, territorial, tribal, or other governmental agency upon
request for the purpose of outreach concerning a benefit under Title
38.
POLICIES AND PRACTICES FOR STORAGE OF RECORDS:
Records (or information contained in records) are maintained on
paper documents in claims folders (C-folders), vocational
rehabilitation folders, electronic file folders (e.g., Virtual VA and
TIMS File), and on automated storage media (e.g., microfilm,
microfiche, magnetic tape, and disks). Such information may be accessed
through data telecommunication terminal systems designated the Benefits
Delivery Network (BDN), Virtual VA and Veterans Service Network
(VETSNET). BDN, Virtual VA and VETSNET terminal locations include VA
Central Office, VA Regional Offices, VA Medical Centers, and Veterans
Integrated Service Network (VISN) offices. Remote on-line access is
also made available to authorized remote sites, representatives of
claimants and to attorneys of record for claimants. A VA claimant must
execute a prior written consent or a power of attorney authorizing
access to his or her claims records before VA will allow the
representative or attorney to have access to the claimant's automated
claims records. Access by representatives and attorneys of record is to
be used solely for the purpose of assisting an individual claimant
whose records are accessed in a claim for benefits administered by VA.
POLICIES AND PRACTICES FOR RETRIEVAL OF RECORDS:
Information is retrievable by 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., date of birth, death, and
service); VA file number only; or initials or first five letters of the
last name and VA file number.
POLICIES AND PRACTICES FOR RETENTION AND DISPOSAL OF RECORDS:
Records in this system are retained and disposed of in accordance
with the schedule approved by the Archivist of the United States, VB-1,
Part II, Central Office, Item No. 2-13.2.
ADMINISTRATIVE, TECHNICAL, AND PHYSICAL SAFEGUARDS:
Access to the basic file in the Corporate Franchise Data Center in
Austin, Texas is restricted to authorized VA employees and vendors.
Access to working spaces and claims folder file storage areas in VA
Regional Offices and VA Medical Centers is restricted to VA employees
who have a need-to-know for the performance of their official duties
associated with providing Veterans benefits. 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. Access to BDN, Virtual VA and VETSNET data
telecommunication networks are controlled by authorization of the site
security officer who is responsible for authorizing access to the BDN,
Virtual VA and VETSNET by a claimant's representative or attorney
approved for access in accordance with VA regulations. The site
security officer is responsible for ensuring that the hardware,
software, and security practices of a representative or attorney
satisfy VA security requirements before granting access. The security
requirements applicable to the access of automated claims files by VA
employees also apply to the access of automated claims files by
claimants' representatives or attorneys. The security officer is
assigned responsibility for implementing and enforcing privacy-security
measures, especially for review of violation logs, information logs and
control of password distribution, including password distribution for
claimants' representatives.
RECORD ACCESS PROCEDURES:
Individuals seeking information on the existence and content of
records in this system pertaining to them should contact the system
manager in writing as indicated above. A request for access to records
must contain the requester's full name, address, telephone number, be
signed by the requester, and describe the records sought in sufficient
detail to enable VA personnel to locate them with a reasonable amount
of effort.
CONTESTING RECORD PROCEDURES:
Individuals seeking to contest or amend records in this system
pertaining to them should contact the system manager in writing as
indicated above. A request to contest or amend records must state
clearly and concisely what record is being contested, the reasons for
contesting it, and the proposed amendment to the record.
NOTIFICATION PROCEDURES:
Generalized notice is provided by the publication of this notice.
For specific notice, see Record Access Procedure, above.
EXEMPTIONS PROMULGATED FOR THE SYSTEM:
None.
HISTORY:
75 FR 61865 (October 6, 2010).
[FR Doc. 2023-02388 Filed 2-3-23; 8:45 am]
BILLING CODE 8320-01-P
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</html>Indexed from Federal Register on February 6, 2023.
This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.