VA Privacy Act Systems of Records
From the Privacy Act Online via GPO Access [wais.access.gpo.gov]
VETERANS AFFAIRS DEPARTMENT
System name: Current and Former Accredited Representative,
Claims Agent, and Representative and Claims Agent Applicant and
Rejected Applicant Records--VA.
System location:
Records are maintained in the Office of General Counsel (022), and in
the Veterans Benefits Administration (213C), Department of Veterans
Affairs Central Office, Washington, DC 20420. Records will also be
maintained in the District Counsel Offices, and the security offices
of the following components of the Veterans Benefits Administration:
Regional Offices, and the Hines, Illinois and Philadelphia,
Pennsylvania automated benefits records centers. Records also will be
maintained in the Computer security office for the Integrated Data
Communications Utility at the Department of Veterans Affairs Medical
Center in Martinsburg, West Virginia. Address locations are listed in
VA Appendix I as set forth in the Federal Register publication,
``Privacy Act Issuances,'' 1993 Compilation.
Categories of individuals covered by the system:
The following categories of individuals will be covered by the system:
(1) Individuals recommended by a recognized organization and
accredited or previously accredited by VA to represent claimants for
benefits; (2) claims agents (not attorneys) independent of a service
organization who have applied for, and/or accredited or previously
accredited by VA to represent claimants for benefits; (3) individuals
whose names have been submitted to VA by service organizations for
accreditation or who have applied to VA to become claims agents; and
(4) attorneys who have applied for, currently hold, or previously held
the privilege of remote access to Veterans Benefits Administration
automated claims records.
Categories of records in the system:
Records (or information contained in records) in this system may
include: (1) Name and other identifying information; (2) address; (3)
service organization affiliations; (4) claims agent examination and
grade; (5) correspondence concerning prospective, present, or former
claims agents or accredited representatives including claims agent
recommendations and evaluations from third parties; (6) VA Form 2-21
(Application for Accreditation as Service Organization
Representative); (7) Application for Accreditation as Agent forms; (8)
investigative reports, correspondence and other information concerning
the fitness of a prospective, present, or former claims agent,
accredited representative or attorney; (9) documents, decisions,
correspondence and other information relating to or including the
granting, denial, suspension or termination of accreditation of
representatives or claims agents; (10) information concerning an
individuals' exercise of remote access privileges to the Veterans
Benefits Administration automated claim records, including
identification codes and codes used to access various VA automated
communications systems and records systems, as well as security
profiles and possible security violations; and (11) information,
documents, correspondence, and decisions relating to the application
for, and the grant, denial, suspension, or revocation of an
individual's privilege of remote access to Veterans Benefits
Administration automated claim records.
Authority for maintenance of the system:
Title 38, United States Code, Sections 501(a), 5902 and 5904.
Routine uses of records maintained in the system, including categories
of users and the purposes of such uses:
1. The record of an individual who is covered by this system may be
disclosed to a member of Congress or staff person acting for the
member when the member or staff person requests the record on behalf
of and at the request of that individual.
2. Any information in this system, except for the name and address of
a veteran, which is relevant to a suspected violation or reasonably
imminent violation of law, whether civil criminal or regulatory in
nature and whether arising by general or program statute or by
regulation, rule or order issued pursuant thereto, may be disclosed to
a Federal, State, local or foreign agency charged with the
responsibility of investigating or prosecuting such violation or
charged with enforcing or implementing the statute, rule, regulation
or order issued pursuant thereto.
3. The name and address of a veteran which is relevant to a suspected
violation or reasonably imminent violation of law, whether civil,
criminal or regulatory in nature and whether arising by general or
program statute or by regulation, rule or order issued pursuant
thereto, may be disclosed to a Federal agency charged with the
responsibility of investigating or prosecuting such violation, or
charged with enforcing or implementing the statute, regulation or
order issued pursuant thereto, in response to its official request.
4. The name and address of a veteran, which is relevant to a suspected
violation or reasonably imminent violation of law concerning public
health or safety, whether civil, criminal or regulatory in nature
whether arising by general or program statute or by regulation, rule
or order issued pursuant thereto, may be disclosed to any foreign,
State or local governmental agency or instrumentality charged under
applicable law with the protection of the public health or safety if a
qualified representative of such organization, agency or
instrumentality has made a written request that such name and address
be provided for a purpose authorized by law.
5. The name, business address and service organization affiliation(s)
of accredited representatives and claims agents may be disclosed to
requesting service organizations, claimants for benefits and the
general public in order to aid the requestor in verifying the identity
and service organization affiliation of the accredited representative.
6. Listings containing the names, business addresses, and status of
accreditation of present and former accredited representatives may be
provided to recognized service organizations.
7. The name and address of a prospective, present, or former
accredited representative, and any information concerning such
accredited representative which is relevant to a refusal to grant
accreditation, or a potential or past suspension or termination of
accreditation of such representative, may be disclosed to the service
organization(s) with whom the representative is affiliated.
8. The name and address of a prospective, present, or former
accredited representative, and any information which is relevant to a
suspected violation or reasonably imminent violation of law, whether
civil, criminal, or regulatory in nature and whether arising by
general or program statute or by regulation, rule, or order issued
pursuant thereto, may be disclosed to a Federal agency charged with
the responsibility of investigating or prosecuting such violation, or
charged with enforcing or implementing the statute, regulation, or
order issued pursuant thereto.
9. Any information in this system may be disclosed to the Department
of Justice (DoJ), including U.S. Attorneys, upon its official request,
or by VA upon its own initiative, in order for the U. S. Government,
VA, or any VA official acting in his/her official capacity to respond
to pleadings, interrogatories, orders or inquiries from the DoJ, and
to supply the DoJ with information, to enable the DoJ to represent the
U.S. Government in any phrase of litigation or in any case or
controversy.
10. The name and address of an accredited representative, claims agent
or attorney and any information concerning such individual relating to
a suspension, revocation, or potential suspension or revocation of
that individual's privilege of remote access to Veterans Benefits
Administration automated claim records, may be disclosed to any
recognized service organization with which the accredited
representative is affiliated, and to any entity employing the
individual to represent veterans on claims for veterans benefits.
11. The name and address of a former accredited representative, claims
agent or attorney, and any information concerning such individual,
except a veteran's name and home address, which is relevant to a
revocation of remote access privileges to Veterans Benefits
Administration automated claim records may be disclosed to an
appropriate governmental licensing organization where VA determines
that the individual's conduct which resulted in revocation merits
reporting.
Policies and practices for storing, retrieving, accessing, retaining,
and disposing of records in the system:
Storage:
Active records are maintained in individual folders stored in file
cabinets. File cards with name and business addresses of individuals
covered by this system are maintained in file cabinets. Listings of
accredited representatives and claim agents are maintained both on
magnetic disk and in hard copy in file cabinets. Identification codes
and codes used to access various VA automated communications systems
and records systems, as well as security profiles and possible
security violations, are maintained on magnetic media in a secured
environment within VA workspaces. Hard copies are maintained in locked
containers.
Retrievability:
Records and file cards are maintained in alphabetical order by last
name of the individuals covered by this system. Information concerning
possible security violations associated with exercise or remote access
privileges is retrieved by individual assignment numbers. Information
concerning individual security profiles and codes assigned to an
individual for that person to obtain access to various computer
systems is retrieved by the individual's assignment number.
Safeguards:
1. Access to and use of these records are limited to those persons
whose official duties require such access. Personnel screening is
employed to prevent unauthorized disclosure.
2. Access to Automated Data Processing files is controlled at two
levels: (1) Terminals, central processing units, and peripheral
devices are generally placed in secure areas (areas that are locked or
have limited access) or are otherwise protected; and (2) the system
recognizes authorized users by means of an individually unique
password entered in combination with an individually unique user
identification code.
3. Access to automated records concerning identification codes and
codes used to access various VA automated communications systems and
records systems, as well as security profiles and possible security
violations is limited to designated automated systems security
personnel who need to know the information in order to maintain and
monitor the security of the VA's automated communications and
veterans' claim records systems. Access to these records in automated
form is controlled by individually unique passswords/codes. Agency
personnel may have access to the information on a needto know basis
when necessary to advise agency security personnel or for use to
suspend or revoke access privileges or to make disclosures authorized
by a routine use.
4. Access to VA facilities where identification codes, passwords,
security profiles and possible security violations are maintained is
controlled at all hours by the Federal Protective Service, VA or other
security personnel and security access control devices.
Retention and disposal:
Records are maintained as long as the individual is an active
accredited representative or claims agent. Once the representative or
agent becomes inactive, the inactive records are maintained by the
Veterans Affairs Central Office, Records Management Section for 3
years and then destroyed. Rejected applications, investigative
material, and related correspondence are permanently maintained in the
Office of General Counsel for 10 years and then destroyed.
System manager(s) and address:
Assistant General Counsel (022),VA Central Office, Washington, DC
20420.
Notification procedure:
An individual who wishes to determine whether a record is being
maintained by the Assistant General Counsel under his or her name or
other personal identifier, or wants to determine the contents of such
records should submit a written request or apply in person to the
Assistant General Counsel (022).
Record access procedures:
An individual who seeks access to or wishes to contest records
maintained under his or her name in this system may write or call or
visit the Assistant General Counsel (022).
Contesting record procedures:
(See Records Access Procedures above.)
Record source categories:
Applications for accreditation of individuals, investigative
malterial, and recommendations and correspondence from service
organizations and third parties.
From the Privacy Act Online via GPO Access [wais.access.gpo.gov]
VETERANS AFFAIRS DEPARTMENT
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.
From the Privacy Act Online via GPO Access [wais.access.gpo.gov]
VETERANS AFFAIRS DEPARTMENT
System name: Blood Donor File-VA.
System location: Records are maintained at each of the Veterans
Administration health care facilities. Addresses are listed in VA
Appendix 1 at the end of this document.
Categories of individuals covered by the system: Individuals who have
donated blood to a Veterans Administration health care facility,
blood bank, Red Cross, government or private hospital to be issued
for patient care under routine or emergency conditions.
Categories of records in the system: Blood information and files contain
a cumulative account of blood received, type and quantity which is
cross referenced by donor. A record of the individual or medical
unit to which the blood was used or stored is maintained.
Authority for maintenance of the system: 1. Title 38, United States
Code, Chapter 3, Section 210(c)(1). 2. Standards for Blood Banks and
Transfusion Services. 3. Technical Methods and Procedures of the
American Association of Blood Banks.
Routine uses of records maintained in the system, including categories
of users and the purposes of such uses:
l. To answer questions, regarding the source from which blood was
received, from Federal, State and local medical facilities for the
purpose of following up on any questions that a qualified medical
practitioner may ask if a particular problem might occur.
2. To maintain records of blood availability, location, quantity on
hand, and blood type; for use by Red Cross Coordinator of area; to
answer and fill requests from health care facilities for need for
blood by type, and the presence of particular antibodies.
3. In the event that a system of records mainained by this agency to
carry out its functions indicates a violation or potential violation
of law, whether civil, criminal or regulatory in nature, and whether
arising by general statute or particular program statute, or by
regulation, rule or order issued pursuant thereto, the relevant
records in the system of records may be referred, as a routine use, to
the appropriate agency, whether Federal, State, local or foreign,
charged with the responsibility of investigating or prosecuting such
violation or charged with enforcing or implementing the statute, or
rule, regulation or order issued pursuant thereto.
4. A record from this system of records may be disclosed as a `routine
use' to a federal, state or local agency maintaining civil, criminal
or other relevant information, such as current licenses, if necessary
to obtain information relevant to an agency decision concerning the
hiring or retention of an employee, the issuance of a security
clearance, the letting of a contract, or the issuance of a license,
grant or other health, educational or welfare benefits.
5. A record from this system of records may be disclosed to a Federal
agency, in response to its request, in connection with the hiring or
retention of an employee, the issuance of a security clearance, the
reporting of an investigation of an employee, the letting of a
contract, or the issuance of a license, grant or other benefit by the
requesting agency, to the extent that the information is relevant and
necessary to the requesting agency's decision on the matter.
6. Disclosure may be made to a congressional office from the record of
an individual in response to an inquiry from the congressional office
made at the request of that individual.
7. Disclosure may be made to NARA (National Archives and Records
Administration) GSA (General Services Administration) in records
management inspections conducted under authority of 44 U.S.C. 2904 and
2906.
Policies and practices for storing, retrieving, accessing, retaining,
and disposing of records in the system:
Storage: Paper documents, magnetic tape, disk.
Retrievability: (a) All VA blood information manual records are indexed
by name and social security number of donor, cross indexed by blood
type. (b) Automated records are indexed by name, social security
number, blood type, antibodies and date of last donation.
Safeguards: Physical Security: Access to VA working space and and
medical record storage areas is restricted to VA employees on a
``need to know'' basis. Generally, VA file areas are locked after
normal duty hours and are protected from outside access by the
Federal Protective Service. Employee file records and file records
of public figures or otherwise sensitive medical record files are
stored in separate locked files. Strict control measures are
enforced to ensure that disclosure is limited to a ``need to know''
basis.
Retention and disposal: Blood Information Records: Individual donor
records are maintained at a VA health care facility for a minimum of
5 years after last donation and then shredded or burned. Information
on blood transferred to another blood bank is maintained for a ten
year retention after last entry then destroyed by shredding or
burning. When blood is issued to a patient a record is maintained in
his medical record and destroyed 15 years after last entry in his
medical record.
System manager(s) and address: Director Pathology Service (113), VA
Central Office, Washington, DC 20420.
Notification procedure: Individuals seeking information concerning the
existence and content of a medical record or blood information
record pertaining to themselves must submit a written request or
apply in person to the VA health care facility where care was
rendered or blood donated. All inquiries must reasonably identify
the portion of the medical record or blood information involved and
the approximate dates that service was provided. Inquiries should
include individuals full name, social security number, and known
home address at the time of medical service.
Record access procedures: Blood donors, patients of VA medical care
facilities or duly authorized representatives seeking information
regarding access to and contesting of VA health facility records may
write, call or visit the Veterans Administration facility where
medical service was provided or volunteered.
Contesting record procedures: (See Record Access Procedures above.)
Record source categories: 1. The blood donor. 2. Private hospitals and
local blood banks. 3. Private physicians. 4. Laboratories private,
local, State, and Federal.
From the Privacy Act Online via GPO Access [wais.access.gpo.gov]
VETERANS AFFAIRS DEPARTMENT
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.
From the Privacy Act Online via GPO Access [wais.access.gpo.gov]
VETERANS AFFAIRS DEPARTMENT
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.
From the Privacy Act Online via GPO Access [wais.access.gpo.gov]
VETERANS AFFAIRS DEPARTMENT
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.
From the Privacy Act Online via GPO Access [wais.access.gpo.gov]
VETERANS AFFAIRS DEPARTMENT
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.
From the Privacy Act Online via GPO Access [wais.access.gpo.gov]
VETERANS AFFAIRS DEPARTMENT
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.
From the Privacy Act Online via GPO Access [wais.access.gpo.gov]
VETERANS AFFAIRS DEPARTMENT
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.
From the Privacy Act Online via GPO Access [wais.access.gpo.gov]
VETERANS AFFAIRS DEPARTMENT
System name: Investigation Reports of Persons Allegedly Involved
in Irregularities Concerning VA Laws, Regulations, Etc.--VA
(11VA51).
System location:
Inspector General, Office of Investigations (51), Washington, DC
20420.
Categories of individuals covered by the system:
The following categories of individuals will be covered by the system:
(1) Employees, (2) veterans and, (3) third parties such as
contractors, who conduct official business with the VA.
Categories of records in the system:
Records (or information contained in records) in this system include
reports of investigation of the Office of Inspector General. These
reports may include (1) a narrative summary or synopsis; (2) exhibits;
(3) internal documentation and memoranda, and (4) affidavits. The name
of the subject of an investigation, station at which an investigation
took place, Inspector General's investigation number, time period
investigation took place, and the Inspector General's recommended
action are maintained on a file card. A summary of the report of
investigation is also maintained.
Authority for maintenance of the system:
Title 38, U.S.C. 210(c)(1); title 5, U.S.C., Appendix 1, section 7(a).
Routine uses of records maintained in the system, including categories
of users and the purposes of such uses:
1. The record of an individual who is covered by this system may be
disclosed to a member of Congress or staff person acting for the
member when the member or staff person requests the records on behalf
of and at the request of that individual.
2. Any information in this system may be disclosed to a Federal
agency, upon its official request, to the extent that it is relevant
and necessary to that agency's decision regarding: The hiring,
retention or transfer of an employee, the issuance of a security
clearance, the letting of a contract, or the issuance or continuance
of a license, grant or other benefit given by that agency. However, in
accordance with an agreement with the U.S. Postal Service, disclosures
to the U.S. Postal Service for decisions concerning the employment of
veterans will only be made with the veteran's prior written consent.
3. Any information in this system may be disclosed to a State or local
agency, upon its official request, to the extent that it is relevant
and necessary to that agency's decision on: The hiring, transfer or
retention of an employee, the issuance of a security clearance, the
letting of a contract, or the issuance or continuance of a license,
grant or other benefit by the agency; provided, that if the
information pertains to a veteran, the name and address of the veteran
will not be disclosed unless the name and address is provided first by
the requesting State or local agency.
4. Any information in this system, except the name and address of a
veteran may be disclosed to a Federal, State or local agency
maintaining civil or criminal violation records, or other pertinent
information such as prior employment history, prior Federal employment
background investigations, and/or personal or educational background
in order for the VA to obtain information relevant to the hiring,
transfer or retention of an employee, the letting of a contract, the
granting of a security clearance, or the issuance of a grant or other
benefit. The name and address of a veteran may be disclosed to a
Federal agency under this routine use if this information has been
requested by the Federal agency in order to respond to the VA inquiry.
5. Any information in this system, except the name and address of a
veteran, which is relevant to a suspected violation or reasonably
imminent violation of law, whether civil, criminal or regulatory in
nature and whether arising by general or program statute or by
regulation, rule or order issued pursuant thereto, may be disclosed to
a Federal, State, local or foreign agency charged with the
responsibility of investigating or prosecuting such violation, or
charged with enforcing or implementing the statute, regulation, rule
or order issued pursuant thereto.
6. The name and address of a veteran, which is relevant to a suspected
violation or reasonably imminent violation of law, whether civil,
criminal or regulatory in nature and whether arising by general or
program statute or by regulation, rule or order issued pursuant
thereto, may be disclosed to a Federal agency charged with the
responsibility of investigating or prosecuting such violation, or
charged with enforcing or implementing the statute, regulation, rule
or order issued pursuant thereto, in response to its official request.
7. The name and address of a veteran, which is relevant to a suspected
violation or reasonably imminent violation of law concerning public
health or safety, whether civil, criminal or regulatory in nature and
whether arising by general or program statute or by regulation, rule
or order issued pursuant thereto, may be disclosed to any foreign
State or local governmental agency or instrumentality charged under
applicable law with the protection of the public health or safety if a
qualified representative of such organization, agency or
instrumentality has made a written request that such name and address
be provided for a purpose authorized by law.
8. Any information in this system may be disclosed to a Federal grand
jury, a Federal court or a party in litigation, or a Federal agency or
party to an administrative proceeding being conducted by a Federal
agency, in order for the VA to respond to and comply with the issuance
of a Federal subpoena.
9. Any information in this system may be disclosed to a State or
municipal grand jury, a State or municipal court or party in
litigation, or to a State or municipal administrative agency
functioning in a quasi-judicial capacity or a party to a proceeding
being conducted by such agency, in order for the VA to respond to and
comply with the issuance of a State or municipal subpoena; provided,
that any disclosure of claimant information concerning a veteran-
claimant made under this routine use must comply with the provisions
of 38 CFR 1.511.
10. Any information in this system may be disclosed to the Office of
Special Counsel, upon its official request, when required for the
Special Counsel's review of the complainant's allegations of
prohibited personnel practices.
11. The name, address, and other identifying data, including title,
date and place of birth, Social Security number, and summary
information concerning an individual who, for fraudulent or deceitful
conduct either as an employee or while conducting or seeking to
conduct business with the Agency, has been convicted of violating
Federal or State law or has been debarred or suspended from doing
business with the VA, may be furnished to other Federal agencies to
assist such agencies in preventing and detecting possible fraud or
abuse by such individual in their operations and programs. This
routine use applies to all information in this System of Records which
can be retrieved by name or by some identifier assigned to an
individual, regardless of whether the information concerns the
individual in a personal or in an entrepreneurial capacity.
12. Records from this system of records may be disclosed to a Federal
Agency or to a State or local government licensing board and/or to the
Federation of State Medical Boards or a similar nongovernment entity
which maintains records concerning individuals' employment histories
or concerning the issuance, retention or revocation of licenses,
certifications, or registration necessary to practice an occupation,
profession or specialty , in order for the Agency to obtain
information relevant to an Agency decision concerning the hiring,
retention or termination of an employee or to inform a Federal Agency
or licensing boards or the appropriate nongovernment entities about
the health care practices of a terminated, resigned or retired health
care employee whose professional health care activity so significantly
failed to conform to generally accepted standards of professional
medical practice as to raise reasonable concern for the health and
safety of patients in the private sector or from another Federal
Agency. These records may also be disclosed as part of an ongoing
computer matching program to accomplish these purposes.
13. Identifying information in this system, including name, address,
social security number and other information as is reasonably
necessary to identify such individual, may be disclosed to the
National Practitioner Data Bank at the time of hiring and/or clinical
privileging/reprivileging of health care practitioners, and other
times as deemed necessary by VA, in order for VA to obtain information
relevant to a Department decision concerning the hiring, privileging/
reprivileging, retention or termination of the applicant or employee.
14. Relevant information from this system of records may be disclosed
to the National Practitioner Data Bank and/or State Licensing Board in
the State(s) in which a practitioner is licensed, in which the VA
facility is located, and/or in which an act or omission occurred upon
which a medical malpractice claim was based when VA reports
information concerning: (1) Any payment for the benefit of a
physician, dentist, or other licensed health care practitioner which
was made as the result of a settlement or judgment of a claim of
medical malpractice if an appropriate determination is made in
accordance with agency policy that payment was related to substandard
care, professional incompetence or professional misconduct on the part
of the individual; (2) a final decision which relates to possible
incompetence or improper professional conduct that adversely affects
the clinical privileges of a physician or dentist for a period longer
than 30 days; or, (3) the acceptance of the surrender of clinical
privileges or any restriction of such privileges by a physician or
dentist either while under investigation by the health care entity
relating to possible incompetence or improper professional conduct, or
in return for not conducting such an investigation or proceeding.
These records may also be disclosed as part of a computer matching
program to accomplish these purposes.
Policies and practices for storing, retrieving, accessing, retaining,
and disposing of records in the system:
Storage:
Records are maintained in individual file folders and on file cards.
Retrievability:
File cards may be indexed by the last name of the subject(s) of an
investigation. File folders containing reports of investigation and
summaries of the reports are individually retrievable by means of a
cross indexing with the file cards.
Safeguards:
Access to the file folders and file cards (which are kept in cabinets)
is restricted to authorized personnel on a need-to-know basis. The
file room and cabinets are locked after duty hours, and the building
is protected from unauthorized access by a protective service.
Retention and disposal:
Investigation reports are maintained by the Office of Inspector
General until final action is taken. Once final action has been taken,
the report is to the VACO Records Management Section where it is
maintained for 5 years. It is then forwarded to the Federal Records
Center where it is maintained for 25 years and then destroyed by
shredding. File cards and summaries of all investigations are
maintained by the Office of Inspector General for 30 years and then
destroyed by shredding.
System manager(s) and address:
Assistant Inspector General for Investigations (51), VA Central
Office, Washington, DC 20420.
Notification procedure:
An individual who wishes to determine whether a record is being
maintained by the Assistant Inspector General for Investigations under
his or her name in this system or wishes to determine the contents of
such records should submit a written request or apply in person to the
Assistant Inspector General for Investigations (51). However, a
majority of records in this system are exempt from the notification
requirement under 5 U.S.C. 552a (j) and (k). To the extent that
records in this system of records are not subject to exemption, they
are subject to notification. A determination as to whether an
exemption applies shall be made at the time a request for notification
is received.
Record access procedures:
An individual who seeks access to or wishes to contest records
maintained under his or her name in this system may write, call or
visit the Assistant Inspector General for Investigations (51).
However, a majority of records in this system are exempt from the
record access and contesting requirements under 5 U.S.C. 552a (j) and
(k). To the extent that records in this system of records are not
subject to exemption, they are subject to access and contest. A
determination as to whether an exemption applies shall be made at the
time a request for access or contest is received.
Contesting record procedures:
(See Record access procedures above.)
Record source categories:
Information is obtained from third-party organizations such as schools
and financial institutions, VA employees, veterans and VA records.
Systems exempted from certain provisions of the act:
Under 5 U.S.C. 552a(j)(2), the head of any agency may exempt any
system of records within the agency from certain provisions of the
Privacy Act, if the agency or component that maintains the system
performs as its principal function any activities pertaining to the
enforcement of criminal laws. The Inspector General Act of 1978, Pub.
L. 95-452, mandates the Inspector General to recommend policies for,
and to conduct, supervise and coordinate activities in the Veterans
Administration and between the Veterans Administration and other
Federal, State and local governmental agencies with respect to all
matters relating to the prevention and detection of fraud programs and
operations administered or financed by the Veterans Administration and
to the identification and prosecution of participants in such fraud.
Under the Act, whenever the Inspector General has reasonable grounds
to believe there has been a violation of Federal criminal law, the
Inspector General must report the matter expeditiously to the Attorney
General.
This system of records has been created in major part to support the
criminal law-related activities assigned by the Inspector General to
the Office of Investigations. These activities constitute the
principal function of this staff.
In addition to principal functions pertaining to the enforcement of
criminal laws, the Inspector General may receive and investigate
complaints or information from various sources concerning the possible
existence of actvities constituting noncriminal violations of law,
rules or regulations, or mismanagement, gross waste of funds, abuses
of authority or substantial and specific danger to the public and
safety. This system of records also exists to support inquiries by the
Assistant Inspector General for Investigations into these noncriminal
violation types of activities.
Based upon the foregoing, the Administrator of Veterans Affairs has
exempted this system of records, to the extent that it encompasses
information pertaining to criminal law-related activities, from the
following provisions of the Privacy Act of 1974, as permitted by 5
U.S.C. 552a(j)(2):
5 U.S.C. 552a(c) (3) and (4);
5 U.S.C. 552a(d);
5 U.S.C. 552a(e) (1), (2) and (3);
5 U.S.C. 552a(e)(4) (G), (H) and (I);
5 U.S.C. 552a(e) (5) and (8);
5 U.S.C. 552a(f);
5 U.S.C. 552a(g).
The Administrator of Veterans Affairs has exempted this system of
records, to the extent that it does not encompass information
pertaining to criminal law-related activities under 5 U.S.C.
552a(j)(2), from the following provisions of the Privacy Act of 1974,
as permitted by 5 U.S.C. 552a(k)(2):
5 U.S.C. 552a(c)(3);
5 U.S.C. 552a(d);
5 U.S.C. 552a(e)(1);
5 U.S.C. 552a(e)(4) (G), (H) and (I);
5 U.S.C. 552a(f).
Reasons for exemptions: The exemption of information and material in
this system of records is necessary in order to accomplish the law
enforcement functions of the Office of Inspector General, to prevent
subjects of investigations from frustrating the investigatory process,
to prevent the disclosure of investigative techniques, to fulfill
commitments made to protect the confidentiality of sources, to
maintain access to sources of information and to avoid endangering
these sources and law enforcement personnel.
From the Privacy Act Online via GPO Access [wais.access.gpo.gov]
VETERANS AFFAIRS DEPARTMENT
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.
From the Privacy Act Online via GPO Access [wais.access.gpo.gov]
VETERANS AFFAIRS DEPARTMENT
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.
From the Privacy Act Online via GPO Access [wais.access.gpo.gov]
VETERANS AFFAIRS DEPARTMENT
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.
From the Privacy Act Online via GPO Access [wais.access.gpo.gov]
VETERANS AFFAIRS DEPARTMENT
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 s