Notice2023-18807
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
August 31, 2023
Issuing agencies
Veterans Affairs Department
Abstract
Individuals Submitting Invoices-Vouchers for Payment and Accounting Transactional Data-VA (13VA047) is a compilation of records received, controlled, managed, and employed for payment processing; general accounting; benefit payment distribution to veterans and their families; commercial vendor invoices for contract and reimbursement expenditures; payroll payments; and commercial government procurement and contracting data.
Full Text
<html>
<head>
<title>Federal Register, Volume 88 Issue 168 (Thursday, August 31, 2023)</title>
</head>
<body><pre>
[Federal Register Volume 88, Number 168 (Thursday, August 31, 2023)]
[Notices]
[Pages 60269-60275]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2023-18807]
-----------------------------------------------------------------------
DEPARTMENT OF VETERANS AFFAIRS
Privacy Act of 1974; System of Records
AGENCY: Department of Veterans Affairs (VA), Office of Information of
Technology, Financial Service Center (FSC).
ACTION: Notice of modified system of records.
-----------------------------------------------------------------------
SUMMARY: Individuals Submitting Invoices-Vouchers for Payment and
Accounting Transactional Data-VA (13VA047) is a compilation of records
[[Page 60270]]
received, controlled, managed, and employed for payment processing;
general accounting; benefit payment distribution to veterans and their
families; commercial vendor invoices for contract and reimbursement
expenditures; payroll payments; and commercial government procurement
and contracting data.
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: Written comments may be submitted through
<a href="http://www.Regulation.gov">www.Regulation.gov</a>; by mail or hand-delivery to Director, Regulation
Policy and Management (00REG), Department of Veterans Affairs, 810
Vermont Ave. NW, Room 1064, Washington, DC 20420; or by fax to (202)
273-9026 (not a toll-free number). Comments should indicate that they
are submitted in response to ``Individuals Submitting Invoices-Vouchers
for Payment and Accounting Transactional Data-VA'' (13VA047). Copies of
comments received will be available for public inspection in the Office
of Regulation Policy and Management, Room 1063B, between the hours of
8:00 a.m. and 4:30 p.m., Monday through Friday (except holidays).
Please call (202) 461-4902 for an appointment. (This is not a toll-free
number.) In addition, comments may be viewed online at
<a href="http://www.Regulations.gov">www.Regulations.gov</a>.
FOR FURTHER INFORMATION CONTACT: Jonathan Lindow, Director, Operations
and Management Division, Financial Services Center, 7600 Metropolis
Dr., Austin, TX 78744, <a href="/cdn-cgi/l/email-protection#753f1a1b14011d141b5b391c1b111a023503145b121a03"><span class="__cf_email__" data-cfemail="ffb590919e8b979e91d1b396919b9088bf899ed1989089">[email protected]</span></a>, 512-568-0626.
SUPPLEMENTARY INFORMATION: The Point-of-Contact (POC), system manager
and routine uses are being modified in this ``Individuals Submitting
Invoices Vouchers for Payment and Accounting Transactional Data-VA''
(13VA047), along with some changes to covered systems. Individuals
Submitting Invoices-Vouchers for Payment and Accounting Transactional
Data-VA is a VA-wide financial management system of records utilized in
VA's IT accounting systems for payment of benefits, vendor payments,
invoice payment processing, payroll purposes, and acquisition records
pertinent to maintaining acquisition methods, costs and processes.
Information is collected from recipients, vendors, VA administrations,
medical centers, and other Federal entities for rendering payment. This
includes information on businesses and persons as a business conducting
business with VA. Business/person's names may be duplicative requiring
another method to ensure the correct business/person is identified.
Data Universal Numbers (DUNs), Unique Entity Identifier (UEI) and/or
Tax Identification Numbers (TINs) or Employment Identification Numbers
(EIN) are used by businesses. In some cases, persons will use their
social security number (SSN) as the TIN.
Updated authorities by which the data is collected are 31 U.S. Code
3512--Executive Agency Accounting and other Financial Management
Reports and Plans; Federal Managers' Financial Integrity Act section 2
of 1982; Federal Financial Management Improvement Act of 1996; E-
Government Act of 2002 title III., Federal Information Security
Management Act (FISMA); Clinger Cohen Act of 1996; 38 CFR part 17
17.120-17.132; OMB Circular A-123, Management's Responsibility for
Internal Control.
Additional Routine Uses were added based on revised guidelines to
A-108 and updated standards for agency breach notification. Moreover,
VA must be able to provide its own initiative information that pertains
to a violation of laws to law enforcement authorities in order for them
to investigate and enforce those laws. Under 38 U.S.C. 5701(a) and (f),
VA may only disclose the names and addresses of veterans and their
dependents to Federal entities with law enforcement responsibilities.
This is distinct from the authority to disclose records in response to
a qualifying request from a law enforcement entity, as authorized by
Privacy Act subsection 5 U.S.C. 552a(b)(7). VA will administer
financial and transactional information through benefit disbursement
consuming HIPPA related data thus amending the routine uses to include:
14. Federal Agencies, Hospitals, for Referral by VA.; 15. Non-VA Doc,
for Referral to VA; 25. Claims Representatives; and 26. Third Party,
for Benefit or Discharge. Location of the system of records is a
notable change to being stored, managed, and secured within a momentum
cloud application.
Numerical order of routine uses from original SORN listing to
revised version is amended to the below agency standardized format
including the first ten routine uses:
1. Congress.
2. Data breach response and remedial efforts.
3. Data breach response and remedial efforts with another Federal
agency.
4. Law Enforcement.
5. Litigation.
6. Contractors.
7. EEOC.
8. FLRA.
9. MSPB.
10. NARA & GSA.
Data breach response and remedial efforts. VA may, on its own
initiative, disclose information from this system 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) the
Department has determined that as a result of the suspected or
confirmed compromise there is a risk of harm to individuals, the
Department (including its information systems, programs, and
operations), the Federal Government, or national security; and (3) the
disclosure is to agencies, entities, or persons whom VA determines are
reasonably necessary to assist or carry out the Department's efforts to
respond to the suspected or confirmed compromise and prevent, minimize,
or remedy such harm. This routine use permits disclosures by the
Department to respond to a suspected or confirmed data breach,
including the conduct of any risk analysis or provision of credit
protection services as provided in 38 U.S.C. 5724 and, in accordance
with Veterans Benefits, Health Care, and Information Technology Act of
2006 5723-5724.
Data breach response and remedial efforts, for another Federal
agency. VA may, on its own initiative, disclose information from this
system 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. In accordance with 38 U.S.C. 5723, VA will ensure
that the Assistant Secretary for Information and Technology, in
coordination with the Under Secretaries, Assistant Secretaries, and
other key officials of the Department report to Congress, the Office of
Management and Budget, and other entities as required by law and this
section of the regulation to cooperate with notify and cooperate with
officials other than officials of the Department of
[[Page 60271]]
data breaches when required. Use of information is necessary and proper
to initiate investigations into confirmed data breaches involving other
executive branch agencies.
Law Enforcement. VA may, on its own initiative, disclose
information in this system, except the names and home addresses of
veterans and their dependents, which is relevant to a suspected or
reasonably imminent violation of law, whether civil, criminal or
regulatory in nature and whether arising by general or program statute
or by regulation, rule or order issued pursuant thereto, to a Federal,
State, local, Tribal, or foreign agency charged with the responsibility
of investigating or prosecuting such violation, or charged with
enforcing or implementing the statute, regulation, rule or order. VA
may also disclose the names and addresses of veterans and their
dependents to a Federal agency charged with the responsibility of
investigating or prosecuting civil, criminal or regulatory violations
of law, or charged with enforcing or implementing the statute,
regulation, rule or order issued pursuant thereto. Use of information
is necessary and proper to cooperate with other federal agencies while
prosecuting civil, criminal or regulatory violations of law.
Litigation. 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.
Contractors. VA may disclose information from this system of
records 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., in order for the
contractor, subcontractor, public or private agency, or other entity or
individual with whom VA has a contract or agreement to perform services
under the contract or agreement. This routine use includes disclosures
by an individual or entity performing services for VA to any secondary
entity or individual to perform an activity that is necessary for
individuals, organizations, private or public agencies, or other
entities or individuals with whom VA has a contract or agreement to
provide the service to VA. This routine use also applies to agreements
that do not qualify as contracts defined by Federal procurement laws
and regulations. VA may disclose information from this system of
records to individuals, organizations private or public agencies, or
other entities or individuals with whom VA has a contract or agreement
to perform such services by contract or agreement, and performing
duties on behalf of VA.
EEOC. VA may disclose information from this system to the Equal
Employment Opportunity Commission (EEOC) when requested in connection
with investigations of alleged or possible discriminatory practices,
examination of Federal affirmative employment programs, or other
functions of the Commission as authorized by law or regulation. VA must
be able to provide information to EEOC to assist it in fulfilling its
duties to protect employees' rights, as required by statute and
regulation, and to protect VA employee rights.
FLRA. VA may disclose information from this system to the Federal
Labor Relations Authority (FLRA), including its General Counsel,
information related to the establishment of jurisdiction,
investigation, and resolution of allegations of unfair labor practices,
or in connection with the resolution of exceptions to arbitration
awards when a question of material fact is raised; for it to address
matters properly before the Federal Services Impasses Panel,
investigate representation petitions, and conduct or supervise
representation elections. VA must be able to provide information to
FLRA to comply with the statutory mandate under which it operates and
to cooperate with labor relation investigations.
MSPB. VA may disclose information from this system to the Merit
Systems Protection Board (MSPB) when requested in connection with
appeals, special studies of the civil service and other merit systems,
review of rules and regulations, investigation of alleged or possible
prohibited personnel practices, and such other functions promulgated in
5 U.S.C. 1205 and 1206, or as authorized by law. VA must be able to
provide information to MSPB to assist it in fulfilling its duties as
required by statute and regulation and to cooperate with Merit Systems
Protection Board concerning allegations of prohibited personnel
practices. 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.
Federal Agencies, for Computer Matches. VA may disclose identifying
information, including social security number, concerning veterans,
spouses of veterans, and the beneficiaries of veterans to other federal
agencies for the purpose of conducting computer matches to obtain
information to determine or verify eligibility of veterans receiving VA
medical care under Title 38, U.S.C. VA must be able to provide limited
personally identifiable information to other federal agencies for
computer matching activities for the purpose of benefit payments to
veterans and beneficiaries.
Federal Agencies, Hospitals, for Referral by VA. VA may disclose
relevant health care information to: (1) a federal agency or non-VA
health care provider or institution when VA refers a patient for
hospital or nursing home care or medical services, or authorizes a
patient to obtain non-VA medical services and the information is needed
by the federal agency or non-VA institution on provider to perform the
services; or (2) a federal agency or to a non-VA hospital (federal,
state, and local public or private) or other medical installation
having hospital facilities, organ banks, blood banks, or similar
institutions, medical schools or clinics, or other groups or
individuals that have contracted or agreed to provide medical services
or share the use of medical resources under the provisions of 38 U.S.C.
513, 7409, 8111, or 8153, when treatment is rendered by VA under the
terms of such contract or agreement or the issuance of an
authorization, and the information is needed for purposes of medical
treatment and/or follow-up, determining entitlement to a benefit, or
for VA to effect recovery of the costs of the medical care. VA must be
able to provide patient referral information for authorized hospital
and/or nursing home care to a non-VA medical services provider for
recovery of the costs of the medical care.
Federal Agencies, for Recovery of Medical Care Costs. VA may
disclose patient identifying information to federal agencies and VA and
government-wide third-party insurers responsible for payment of the
cost of medical care for the identified patients, in order for VA to
seek recovery of the medical care costs. These records may also be
disclosed as part of a computer matching program to accomplish this
purpose. Use of information is necessary
[[Page 60272]]
and proper as data within this system does not exclusively include
financial, transactional, and benefit payout data.
Treasury, IRS. VA may disclose the name of a veteran or
beneficiary, other information as is reasonably necessary to identify
such individual, and any other information concerning the individual's
indebtedness by virtue of a person's participation in a benefits
program administered by VA, may be disclosed to the Department of the
Treasury, Internal Revenue Service, for the collection of Title 38
benefit overpayments, overdue indebtedness, and/or costs of services
provided to an individual not entitled to such services, by the
withholding of all or a portion of the person's Federal income tax
refund. The purpose of this disclosure is to collect a debt owed the VA
by an individual by offset of his or her Federal income tax refund.
Treasury, to Report Waived Debt as Income. VA may disclose an
individual's name, address, social security number, and the amount
(excluding interest) of any indebtedness which is waived under 38
U.S.C. 3102, compromised under 4 CFR part 103, otherwise forgiven, or
for which the applicable statute of limitations for enforcing
collection has expired, to the Department of the Treasury, Internal
Revenue Service, as a report of income under 26 U.S.C. 61(a)(12).
Treasury, for Payment or Reimbursement. VA may disclose information
to the Department of the Treasury to facilitate payments to physicians,
clinics, and pharmacies for reimbursement of services rendered, and to
veterans for reimbursements of authorized expenses, or to collect, by
set off or otherwise, debts owed the United States. Justification--VA
established standardized Guardians Ad Litem, for Representation.VA may
disclose information to a fiduciary or guardian ad litem in relation to
his or her representation of a claimant in any legal proceeding, but
only to the extent necessary to fulfill the duties of the fiduciary or
guardian ad litem. This disclosure permits VA to provide individual
information to an appointed VA Federal fiduciary or to the individual's
guardian ad litem that is needed to fulfill appointed duties.
Guardians, for Incompetent Veterans. VA may disclose relevant
information from this system of records in the course of presenting
evidence to a court, magistrate, or administrative tribunal; in matters
of guardianship, inquests, and commitments; to private attorneys
representing veterans rated incompetent in conjunction with issuance of
Certificates of Incompetency; and to probation and parole officers in
connection with court-required duties.
Claims Representatives. VA may disclose information from this
system of records relevant to a claim of a veteran or beneficiary, such
as the name, address, the basis and nature of a claim, amount of
benefit payment information, medical information, and military service
and active duty separation information, at the request of the claimant
to accredited service organizations, VA-approved claim agents, and
attorneys acting under a declaration of representation, so that these
individuals can aid claimants in the preparation, presentation, and
prosecution of claims under the laws administered by VA. The name and
address of a claimant will not, however, be disclosed to these
individuals under this routine use if the claimant has not requested
the assistance of an accredited service organization, claims agent or
an attorney. VA must be able to disclose this information to accredited
service organizations, VA-approved claim agents, and attorneys
representing veterans so they can assist veterans by preparing,
presenting, and prosecuting claims under the laws administered by VA.
Third Party, for Benefit or Discharge. Health care information
concerning a non-judicially declared incompetent patient may be
disclosed to a third party upon the written authorization of the
patient's next of kin in order for the patient, or, consistent with the
best interest of the patient, a member of the patient's family, to
receive a benefit to which the patient or family member is entitled,
or, to arrange for the patient's discharge from a VA medical facility.
Sufficient data to make an informed determination will be made
available to such next of kin. If the patient's next of kin are not
reasonably accessible, the Chief of Staff, Director, or designee of the
custodial VA medical facility may disclose health information for these
purposes.
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 July 25, 2023 for
publication.
Dated: August 28, 2023.
Amy L. Rose,
Government Information Specialist, VA Privacy Service, Office of
Compliance, Risk and Remediation, Office of Information and Technology,
Department of Veterans Affairs.
SYSTEM NAME:
``Individuals Submitting Invoices-Vouchers for Payment and
Accounting Transactional Data-VA'' (13VA047).
SECURITY CLASSIFICATION:
The information in this system is unclassified.
SYSTEM LOCATION:
VA Data Processing Center, Austin, Texas and fiscal offices of
Central Office; field stations where fiscal transactions are processed;
and application servers located in the VA managed enterprise service
cloud enclave.
SYSTEM MANAGER(s):
Jonathan Lindow, Information System Owner, VA Financial Services
Center (FSC), 7600 Metropolis Dr., Austin, TX 78744,
<a href="/cdn-cgi/l/email-protection#a5efcacbc4d1cdc4cb8be9cccbc1cad2e5d3c48bc2cad3"><span class="__cf_email__" data-cfemail="e0aa8f8e819488818eceac898e848f97a09681ce878f96">[email protected]</span></a>, (512) 981-4871. Pamela Smith, VA FSC Privacy
Officer, Financial Services Center, 7600 Metropolis Dr., Austin, TX
78744, <a href="/cdn-cgi/l/email-protection#1d4d7c7078717c334e707469752b5d6b7c337a726b"><span class="__cf_email__" data-cfemail="87d7e6eae2ebe6a9d4eaeef3efb1c7f1e6a9e0e8f1">[email protected]</span></a>, (512) 937-4824.
AUTHORITY FOR MAINTENANCE OF THE SYSTEM:
31 U.S. Code 3512- Executive Agency Accounting and other Financial
Management Reports and Plans; Federal Managers' Financial Integrity Act
section 2 of 1982; Federal Financial Management Improvement Act of
1996; E-Government Act of 2002 title III., Federal Information Security
Modernization Act (FISMA) of 2014; Clinger Cohen Act of 1996; 38 CFR
part 17 17.120-17.132; OMB Circular A-123, Management's Responsibility
for Internal Control.
PURPOSE(S) OF THE SYSTEM:
Individuals Submitting Invoices-Vouchers for Payment and Accounting
Transactional Data-VA is a VA-wide financial management system of
records utilized in VA's IT accounting systems for payment of benefits,
vendor payments, invoice payment processing, and payroll purposes.
Information is collected from recipients, vendors, VA administrations,
medical centers, and other Federal entities for rendering payment.
CATEGORIES OF INDIVIDUALS COVERED BY THE SYSTEM:
VA Employees, VA Contractors, VA Volunteers, Veterans or
Dependents, and Members of the Public and Individuals.
[[Page 60273]]
CATEGORIES OF RECORDS IN THE SYSTEM:
Commercial Vendor identification listings, invoiced payment
records, claimant information, and banking and financial accounting
information, including Full name, Address, Phone Number, Social
Security Number, Medical Records, Claim/Statement Number, Date of
Service, Beneficiary Information, Email Address, Date of Birth, Driver
License (Number and State), License Plate, Place of Birth (City, State
and Country), Banking Information (Routing/Bank Account Number, and
Bank Name), Charge Card Number, Emergency Contact Information, and
Unique Entity Identifier (UEI).
RECORD SOURCE CATEGORIES:
Commercial vendors; individual or legal representative as part of
an application for a benefit, contract or reimbursement; Data could
potentially be obtained from a VA administration, facility and/or
medical center; Department of the Treasury; Internal Revenue Service;
and other Federal entities.
ROUTINE USES OF RECORDS MAINTAINED IN THE SYSTEM, INCLUDING CATEGORIES
OF USERS AND THE PURPOSES OF SUCH USES:
1. Congress: 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: To appropriate
agencies, entities, and persons when (1) VA suspects or has confirmed
that there has been a breach of the system of records,[middot] (2) VA
has determined that as a result of the suspected or confirmed breach
there is a risk of harm to individuals, VA (including its information
systems, programs, and operations), the Federal Government, or national
security; and (3) the disclosure made to such agencies, entities, and
persons is reasonably necessary to assist in connection with VA's
efforts to respond to the suspected or confirmed breach or to prevent,
minimize, or remedy such harm.
3. Data breach response and remediation, for another Federal
agency: To another Federal agency or Federal entity, when VA determines
that information from this system of records is reasonably necessary to
assist the recipient agency or entity in (1) responding to a suspected
or confirmed breach or (2) preventing, minimizing, or remedying the
risk of harm to individuals, the recipient agency or entity (including
its information systems, programs, and operations), the Federal
Government, or national security, resulting from a suspected or
confirmed breach.
4. Law Enforcement: 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,
provided that the disclosure is limited to 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. 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: 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: 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: 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: 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: 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: 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: 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: 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.
13. Federal Agencies, Courts, Litigants, for Litigation or
Administrative Proceedings: To another federal agency, court, or party
in litigation before a court or in an administrative proceeding
conducted by a Federal agency, when the government is a party to the
judicial or administrative proceeding.
14. Health Care Providers, for Referral by VA: To: (1) a federal
agency or health care provider when VA refers a patient for medical and
other health services, or authorizes a patient to obtain such services
and the information is needed by the federal agency or health care
provider to perform the services; or (2) a federal agency or to health
care provider 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 or follow-up, determination
of eligibility for benefits, or recovery by VA of the costs of the
treatment.
15. Health Care Providers, for Referral to VA: To a non-VA health
care provider when that health care provider has referred the
individual to VA for medical or other health services.
16. Federal Agencies, for Recovery of Medical Care Costs: To
Federal agencies and government-wide third-party insurers responsible
for payment of the cost of medical care for the identified patients, to
seek recovery of the medical care costs. These records may also be
[[Page 60274]]
disclosed as part of a computer matching program to accomplish this
purpose.
17. Treasury, for Withholding: To the Department of the Treasury
for the collection of title 38 benefit overpayments, overdue
indebtedness, or costs of services provided to an individual not
entitled to such services, by the withholding of all or a portion of
the person's Federal income tax refund, provided that the disclosure is
limited to information concerning an individual's indebtedness by
virtue of a person's participation in a benefits program administered
by VA.
18. Treasury, to Report Waived Debt as Income: To the Department of
the Treasury as a report of income under 26 U.S.C. 61(a)(12), provided
that the disclosure is limited to information concerning an
individual's indebtedness that is waived under 38 U.S.C. 3102,
compromised under 4 CFR part 103, otherwise forgiven, or for which the
applicable statute of limitations for enforcing collection has expired.
19. Treasury, for Payment or Reimbursement: To the Department of
the Treasury to facilitate payments to physicians, clinics, and
pharmacies for reimbursement of services rendered or to veterans for
reimbursement of authorized expenses, as well as to collect, by set off
or otherwise, debts owed the United States.
20. Guardians Ad Litem, for Representation: To a fiduciary or
guardian ad litem in relation to his or her representation of a
claimant in any legal proceeding as relevant and necessary to fulfill
the duties of the fiduciary or guardian ad litem.
21. Guardians, Courts, for Incompetent Veterans: 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; or to probation and parole officers in connection with
court-required duties.
22. Claims Representatives: 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 upon the request of the claimant and provided that
the disclosure is limited to information relevant to a 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.
23. Third Party, for Benefit or Discharge: To a third party upon
the written request of the patient's next-of-kin in order for a non-
judicially declared incompetent patient or, consistent with the best
interest of the patient, a member of the patient's family to receive a
benefit to which the patient or family member is entitled or to arrange
for the patient's discharge from a VA medical facility. Sufficient data
to make an informed determination will be made available to such next-
of-kin. If the patient's next-of-kin is not reasonably accessible, the
Chief of Staff, Director, or designee of the custodial VA medical
facility may disclose the information for these purposes.
POLICIES AND PRACTICES FOR STORAGE OF RECORDS:
Records are stored electronically on a VA server, in paper folders,
magnetic discs, magnetic tape, and in a momentum cloud application.
Paper documents may be scanned/digitized and stored for viewing
electronically.
POLICIES AND PRACTICES FOR RETRIEVAL OF RECORDS:
Alphabetically by name and numerically by identification number.
Access to the records is restricted to VA Finance employees. These
records are protected from outside access by Federal Protective
Service.
POLICIES AND PRACTICES FOR RETENTION AND DISPOSAL OF RECORDS:
Individuals Submitting Invoices-Vouchers for Payment and Accounting
Transactional Data-VA system of records is retained as defined by its
NARA approved the General Records Schedule (GRS) GRS 1.1: Financial
Management and Reporting Records, item 010. Unscheduled records within
this System of Records are indefinitely retained within the rules GRS,
ERA Number DAA-GRS-2013-0003-0001 (Financial transaction records). Per
NARA practice, documentation for permanent electronic records must be
transferred with the related records using the disposition authority of
the related electronic records rather than the GRS disposition
authority.
ADMINISTRATIVE, TECHNICAL, AND PHYSICAL SAFEGUARDS:
VA will store records produced within this system of records in an
area that is physically and technologically secure from access by
unauthorized persons at all times. Only authorized personnel will
transport records within this system of records. VA will process
records produced within this system of records under immediate
supervision and control of authorized personnel in a manner that will
protect the confidentiality of the records, so that unauthorized
persons cannot retrieve any records by computer, remote terminal, or
other means. VA will store records using FIPS 140-2 compliant
encryption. Systems personnel must enter personal identification
numbers when accessing records on the agencies' systems. VA will
strictly limit authorization to those electronic records areas
necessary for the authorized analyst to perform his or her official
duties.
RECORD ACCESS PROCEDURES:
An individual wanting notification or access, including contesting
the record, should mail or deliver a request to the office identified
in the SORN. If an individual does not know the ``office concerned,''
the request may be addressed to the following with below requirements:
PO or FOIA/PO of any VA field station or the Department of Veterans
Affairs Central Office, 810 Vermont Avenue NW, Washington, DC 20420.
The receiving office must promptly forward the mail request received to
the office of jurisdiction clearly identifying it as ``Privacy Act
Request'' and notify the requester of the referral. Approved VA
authorization forms may be provided to individuals for use.
CONTESTING RECORD PROCEDURES:
An individual may request amendment of a record pertaining to him
or her contained in a specific VA system of records by mailing or
delivering the request to the office concerned. The request must be in
writing and must conform to the following requirements: It must state
the nature of the information in the record the individual believes to
be inaccurate, irrelevant, untimely, or incomplete; why the record
should be changed; and the amendment desired. The requester must be
advised of the title and address of the VA official who can assist in
preparing the request to amend the record if assistance is desired. Not
later than business 10 days after the date of a request to amend a
record, the VA official concerned will acknowledge in writing such
receipt. If a determination for correction or amendment has not been
made, the acknowledgement will inform the individual of when to expect
information regarding the action taken on the request. VA will complete
a review of the request to amend or correct a record within 30 business
days of the date of receipt. Where VA agrees with the individual's
request to amend his or her record(s), the requirements of 5 U.S.C.
552a(d) will be followed. The
[[Page 60275]]
record(s) will be corrected promptly, and the individual will be
advised promptly of the correction.
If the record has previously been disclosed to any person or
agency, and an accounting of the disclosure was made, prior recipients
of the record will be informed of the correction. An approved VA
notification of amendment form letter may be used for this purpose. An
individual wanting notification or access, including contesting the
record, should mail or deliver a request to the Privacy Office or FOIA/
Privacy Office of any VA field station or the Department of Veterans
Affairs Central Office, 810 Vermont Avenue NW, Washington, DC 20420.
NOTIFICATION PROCEDURES:
Notification for correcting the information will be accomplished by
informing the individual to whom the record pertains by mail. The
individual making the amendment must be advised in writing that the
record has been amended and provided with a copy of the amended record.
System Manager for the concerned VA system of records, Privacy Officer,
or their designee, will notify the relevant persons or organizations
who had previously received the record about the amendment.
EXEMPTIONS PROMULGATED FOR THE SYSTEM:
N/A
HISTORY:
Last full publication provided in 85 FR 22788 dated April 23, 2020.
[FR Doc. 2023-18807 Filed 8-30-23; 8:45 am]
BILLING CODE P
</pre><script data-cfasync="false" src="/cdn-cgi/scripts/5c5dd728/cloudflare-static/email-decode.min.js"></script></body>
</html>Indexed from Federal Register on August 31, 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.