Privacy Act of 1974; System of Records, 61865-61870 [2010-25233]
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Federal Register / Vol. 75, No. 193 / Wednesday, October 6, 2010 / Notices
Maryland MD
VA Regional Office, Federal Bldg., 31
Hopkins Plaza, Baltimore, Maryland 21201.
Massachusetts MA
VA Regional Office, John Fitzgerald
Kennedy Federal Bldg., Government Center,
Boston, Massachusetts 02203.
Michigan MI
VA Regional Office, Patrick V. McNamara
Federal Bldg., 477 Michigan Ave., Rm. 1400,
Detroit, Michigan 48226.
Oregon OR
VA Regional Office, Edith Green/Wendell
Wyatt Federal Building, 1220 S.W. Third
Ave., Portland, Oregon 97204.
Pennsylvania PA
VA Regional Office, 1000 Liberty Ave.,
Pittsburgh, Pennsylvania 15222.
VA Regional Office and Insurance Center,
5000 Wissahickon Ave., Philadelphia,
Pennsylvania 19101.
Minnesota MN
VA Regional Office, Bishop Henry Whipple
Federal Bldg., 1 Federal Dr., Fort Snelling, St.
Paul, Minnesota 55111.
Philippines
VA Regional Office and Outpatient Clinic,
1131 Roxas Blvd., Manila, Philippines;
MAILING ADDRESS from U.S.: VA Regional
Office, PSC 501, DPO AP 96515–1100.
Mississippi MS
VA Regional Office, 1600 East Woodrow
Wilson Ave., Jackson, Mississippi 39216.
Puerto Rico, Commonwealth of (including the
Virgin Islands)
VA Regional Office, 150 Carlos Chardon
Ave., Suite 300, San Juan, Puerto Rico 00918.
Missouri MO
VA Regional Office, 400 South 18th St., St.
Louis, Missouri 63103.
Rhode Island RI
VA Regional Office, 380 Westminster
Street, Providence, Rhode Island 02903.
Montana MT
VA Regional Office, 3633 Veterans Dr., Fort
Harrison, Montana 59636.
South Carolina SC
VA Regional Office, 6437 Garners Ferry
Rd., Columbia, South Carolina 29201.
Nebraska NE
VA Regional Office, 5631 S. 48th St.,
Lincoln, Nebraska 68516.
Nevada NV
VA Regional Office, 5460 Reno Corporate
Dr., Reno, Nevada 89511.
VA Benefits Office, 4800 Alpine Pl., Suite
12, Las Vegas, Nevada 89107.
New Hampshire NH
VA Regional Office, Norris Cotton Federal
Bldg., 275 Chestnut St., Manchester, New
Hampshire 03101.
New Jersey NJ
VA Regional Office, 20 Washington Place,
Newark, New Jersey 07120.
New Mexico NM
VA Regional Office, Dennis Chavez Federal
Bldg., 500 Gold Ave., SW., Albuquerque,
New Mexico 87102.
New York NY
VA Regional Office, 245 W. Houston St.,
New York, New York 10014.
VA Regional Office, Niagra Center, 130 S.
Elmwood Ave., Buffalo, New York 14202.
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North Carolina NC
VA Regional Office, Federal Office
Building, 251 North Main Street, WinstonSalem, North Carolina 27155.
North Dakota ND
VA Regional Office, 2101 Elm St., Fargo,
North Dakota 58102.
Ohio OH
VA Regional Office, Anthony J. Celebreeze
Federal Office Bldg., 1240 East Ninth St.,
Cleveland, Ohio 44199.
Oklahoma OK
VA Regional Office, 125 South Main St.,
Muskogee, Oklahoma 74401.
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South Dakota SD
VA Regional Office, P.O. Box 5046, 2501
W. 22nd St., Sioux Falls, South Dakota
57105.
Tennessee TN
VA Regional Office, 110 9th Ave. South,
Nashville, Tennessee 37203.
Texas TX
VA Regional Office, 6900 Almeda Rd.,
Houston, Texas 77030.
VA Regional Office, One Veterans Plaza,
701 Clay Ave., Waco, Texas 76799.
Utah UT
VA Regional Office, 550 Foothill Drive,
Salt Lake City, Utah 84148.
Vermont VT
VA Regional Office, 215 North Main Street,
White River Junction, Vermont 05001.
Virginia VA
VA Regional Office, 210 Franklin Rd., SW,
Roanoke, Virginia 24011.
Washington WA
VA Regional Office, Federal Bldg., 915
Second Ave., Seattle, Washington 98174.
West Virginia WV
VA Regional Office, 640 4th Ave.,
Huntington, West Virginia 25701.
Wisconsin WI
VA Regional Office, 5400 W. National
Ave., Milwaukee, Wisconsin 53214.
Wyoming WY
VA Regional Office and Medical Center,
2360 East Pershing Blvd., Cheyenne,
Wyoming 82001.
[FR Doc. 2010–25237 Filed 10–5–10; 8:45 am]
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61865
DEPARTMENT OF VETERANS
AFFAIRS
Privacy Act of 1974; System of
Records
AGENCY:
Department of Veterans Affairs
(VA).
Notice of Amendment of
Systems of Records Notice ‘‘Veterans
Assistance Discharge System—VA’’
(45VA21).
ACTION:
As required by the Privacy
Act of 1974, 5 U.S.C. 552a(e)(4), notice
is hereby given that the Department of
Veterans Affairs (VA) proposes to
update system of records, ‘‘Veterans
Assistance Discharge System—VA’’
(45VA21). VA is amending the system of
records by revising the Purpose(s),
System Manager and address, and
Routine Uses of Records Maintained in
the System. VA is republishing the
system notice in its entirety.
DATES: Comments on this amended
system of records must be received no
later than November 5, 2010. If no
public comment is received during the
period allowed for comment or unless
otherwise published in the Federal
Register by VA, the amended system
will become effective November 5, 2010.
ADDRESSES: Written comments may be
submitted through
www.Regulations.gov; by mail or handdelivery to Director, Regulation Policy
and Management (02REG), Department
of Veterans Affairs, 810 Vermont
Avenue, NW., Room 1068, Washington,
DC 20420; or by fax to 202–273–9026.
(This is not a toll free number.) Copies
of comments received will be available
for public inspection in the Office of
Regulation Policy and Management,
Room 1063B, between the hours of 8
a.m. and 4:30 p.m. Monday through
Friday (except holidays). Please call
202–461–4902 for an appointment.
(This is not a toll free number.) In
addition, during the comment period,
comments may be viewed online
through the Federal Docket Management
System (FDMS) at https://
www.Regulations.gov.
SUMMARY:
FOR FURTHER INFORMATION CONTACT:
Thomas J. Murphy, Director
Compensation and Pension Service,
Veterans Benefits Administration
(VBA), Department of Veterans Affairs,
810 Vermont Avenue, NW., Washington
DC 20420, 202–461–9700.
SUPPLEMENTARY INFORMATION:
I. Description of Proposed Systems of
Records
This system will collect a limited
amount of personally identifiable
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information in order to provide service
to Veterans, service members, reservists,
and their spouses, surviving spouses,
and dependents, who file claims for a
wide variety of Federal veteran’s
benefits administered by VA at VA
facilities located throughout the nation.
See the statutory provisions cited in
‘‘Authority for maintenance of the
system’’. VA gathers or creates these
records in order to enable it to
administer these statutory benefits
programs.
The Department of Veterans Affairs
notices for systems of records subject to
the Privacy Act of 1974 (5 U.S.C. 552a),
as amended, have been published in the
Federal Register and are available from
the address above.
In this system of records the name
and address of the System Owner has
been updated for accuracy. The Purpose
in this system of records is being revised
to provide explanation for the
information collection and list affected
individuals.
The notice of amendment and an
advance copy of the system notice have
been sent to the appropriate
Congressional committees and to the
Director of Office of Management and
Budget (OMB) as required by 5 U.S.C.
552a(r) and guidelines issued by OMB
(65 FR 77677, December 12, 2000).
II. Proposed Routine Use Disclosures of
Data in the System
The routine uses of records
maintained in the system, including
categories of users and the purposes of
such uses, are being amended to protect
the confidentiality and govern the
release of VA records subject to 38
U.S.C. 5701, which permits disclosure
in accordance with valid routine uses.
Routine use numbers 15, 16, 17, 18, 19,
20 and 21 have been added to conform
in accordance with this authority.
Routine use number 1 has been
revised to require that individuals
covered by this system provide written
requests for disclosures to be made to
members of Congress or their staff.
Routine use 15 was added to allow for
the disclosure of information to the
National Archives and Records
Administration (NARA) and the General
Services Administration (GSA) in
records management inspections
conducted under authority of chapter 29
of title 44, United States Code. Routine
use 16 was added to allow for the
disclosure of information in this system
of records to the Department of Justice
(DoJ), either on VA’s initiative or in
response to DoJ’s request for the
information, after either VA or DoJ
determines that such information is
relevant to DoJ’s representation of the
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United States or any of its components
in legal proceedings before a court or
adjudicative body, provided that, in
each case, the agency also determines
prior to disclosure that release of the
records to DoJ is a use of the
information contained in the records
that is compatible with the purpose for
which VA collected the records. VA, on
its on initiative, may disclose records in
this system of records in legal
proceedings before a court or
administrative body after determining
that the disclosure of records to the
court or administrative body is a use of
the information contained in the records
that is compatible with the purpose for
which VA collected the records. Routine
use 17 was added to allow for the
disclosure of information to individuals,
organizations, public or private
agencies, or other entities with whom
VA has a contract or agreement or where
there is a subcontract to perform such
services as VA may deem practicable for
the purposes of laws administered by
VA, in order for the contractor or
subcontractor to perform the services of
the contract or agreement. Routine use
18 was added to allow for the disclosure
of information in this system to other
Federal agencies to assist such agencies
in preventing and detecting possible
fraud or abuse by individuals in their
operations and programs. Routine use
19 was added to allow for the disclosure
of information in this system, except the
names and mailing addresses of
veterans and their dependents, that is
relevant to a suspected violation or
reasonably imminent violation of law,
whether civil, criminal or regulatory in
nature and whether arising by general or
program statute or by regulation, rule or
order issued pursuant thereto, to a
Federal, State, local, tribal, or foreign
agency charged with the responsibility
of investigating or prosecuting such
violation, or charged with enforcing or
implementing the statute, rule,
regulation or order. Routine use 20 was
added to allow for the disclosure of
information or records to appropriate
agencies, entities, and persons when (1)
VA suspects or has confirmed that the
integrity or confidentiality of
information in the system of records has
been compromised; (2) VA has
determined that as a result of the
suspected or confirmed compromise,
there is a risk of embarrassment or harm
to the reputations of the record subjects,
harm to the economic or property
interests, identity theft or fraud, or harm
to the programs (whether maintained by
VA or another agency or entity) that rely
upon the potentially compromised
information; and (3) the disclosure is to
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agencies, entities, or persons whom VA
determines are reasonably necessary to
assist or carry out VA’s efforts to
respond to the suspected or confirmed
compromise and prevent, minimize, or
remedy such harm. This routine use
permits disclosures by VA to respond to
a suspected or confirmed data breach,
including the conduct of any risk
analysis or provision of credit
protection services as provided in 38
U.S.C. 5724, as the terms are defined in
38 U.S.C. 5727. Routine use 21 was
added to allow for the disclosure of the
name and mailing address of a VA
beneficiary, and other information as is
reasonably necessary to identify such a
beneficiary, who has been adjudicated
as incompetent under 38 CFR 3.353, to
the Attorney General of the United
States or his/her designee, for use by the
Department of Justice in the National
Instant Criminal Background Check
System (NICS) mandated by the Brady
Handgun Violence Prevention Act,
Public Law 103–159.
Approved: September 10, 2010.
John R. Gingrich,
Chief of Staff, Department of Veterans Affairs.
45VA21
SYSTEM OF RECORD:
‘‘Veterans Assistance Discharge
System—VA’’
SYSTEM LOCATION:
Records are maintained at the
Department of Veterans Affairs (VA)
regional offices, VA Medical Centers,
the VA Records Management Center, St.
Louis, Missouri, and at the Corporate
Franchise Data Center in Austin, Texas.
Address locations are listed in the VA
Appendix 1, located at the end of this
document.
CATAGORIES OF INDIVIDUALS COVERED BY THE
SYSTEM:
Individuals (veterans only) released
from active military service from March
1973, for whom separation documents
(i.e., DD Forms 214, 215) were received
in the Corporate Franchise Data Center
in Austin, Texas.
CATEGORIES OF RECORDS IN THE SYSTEM:
The record, or information contained
in the record may include personally
identifiable information (PII) and
military discharge information. PII may
include the following concerning the
veteran: Full name, social security
number, service number, date of birth.
Military discharge information may
include the primary military
occupational specialty number, entry
and release from active duty, character
of service, branch of service, and
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mailing address at the time of discharge,
level of education (e.g., high school
graduate or equivalent or not high
school graduate or equivalent), sex, total
amount of active service, the dollar
amount of readjustment or severance
pay, number of non-paydays, pay grade,
narrative reason for separation and
whether the veteran was discharged
with a disability, served in the Vietnam
Conflict, reenlisted in the military
service or received a military decoration
such as a Purple Heart.
AUTHORITY FOR MAINTENANCE OF THE SYSTEM:
Title 38, United States Code, Chapter
3, section 501(a), (b).
PURPOSE:
This system collects a limited amount
of personally identifiable information
for the purpose of maintaining records
and providing benefits to veterans who
file claims for a wide variety of Federal
veteran’s benefits administered by VA at
VA facilities located throughout the
United States. See the statutory
provisions cited in ‘‘Authority for
maintenance of the system’’. VA gathers
or creates these records in order to
enable it to administer these statutory
benefits programs.
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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 written request of
that individual.
2. Any information in this system may
be disclosed to a Federal agency, upon
its official request, to the extent that it
is relevant and necessary to that
agency’s decision regarding: The hiring,
retention or transfer of an employee; the
issuance of a security clearance, the
letting of a contract, or the issuance or
continuance of a license, grant or other
benefit given by that agency. However,
in accordance with an agreement with
the U.S. Postal Service, disclosures to
the U.S. Postal Service for decisions
concerning the employment of veterans
will only be made with the veteran’s
prior written consent.
3. Any information in this system may
be disclosed to a State or local agency,
upon its official request, to the extent
that it is relevant and necessary to that
agency’s decision on: The hiring,
transfer or retention of an employee, the
issuance of a security clearance, the
letting of a contract, or the issuance or
continuance of a license, grant or other
benefit by that agency; provided, that if
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the information pertains to a veteran,
the name and address of the veteran will
not be disclosed unless the name and
address is provided first by the
requesting State or local agency.
4. Any information in this system may
be disclosed to a Federal agency, except
for the name and address of a veteran,
in order for VA to obtain information
relevant to the issuance of a benefit
under title 38, United States Code. The
name and address of a veteran may be
disclosed to a Federal agency under this
routine use if they are required by the
Federal agency to respond to the VA
inquiry.
5. Any information in this system,
except for the name and address of a
veteran, which is relevant to a suspected
violation or reasonably imminent
violation of law, whether civil, criminal
or regulatory in nature and whether
arising by general or program statute or
by regulation, rule or order issued
pursuant thereto, may be disclosed to a
Federal, State, local, tribal, 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.
6. The name and address of a veteran,
which is relevant to a suspected
violation or reasonably imminent
violation of law, whether civil, criminal
or regulatory in nature and whether
arising by general or program statute or
by regulation, rule or order issued
pursuant thereto, may be disclosed to a
Federal agency charged with the
responsibility of investigating or
prosecuting such violation or charged
with enforcing or implementing the
statute, regulation, rule or order issued
pursuant thereto, in response to its
official request.
7. The name and address of a veteran,
which is relevant to a suspected
violation or reasonably imminent
violation of law concerning public
health or safety, whether civil, criminal
or regulatory in nature and whether
arising by general or program statute or
by regulation, rule or order issued
pursuant thereto, may be disclosed to
any foreign State or local governmental
agency or instrumentality charged under
applicable law with the protection of
the public health or safety if a qualified
representative of such organization,
agency or instrumentality has made a
written request that such name and
address be provided for a purpose
authorized by law.
8. Any information, including name
and address of a veteran, may be
disclosed to any nonprofit organization
if the release is directly connected with
the conduct of programs and the
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61867
utilization of benefits under title 38,
United States Code (such disclosures
include computerized lists of names and
addresses).
9. A listing of names and addresses of
educationally disadvantaged veterans
residing in a specific geographic area
may be disclosed to VA-approved
nonprofit educational facilities in order
to aid these facilities in VA outreach
programs by permitting direct contact
with the educationally disadvantaged
veteran.
10. Identifying information may be
disclosed at the request of the veteran to
accredited service organization
representatives, VA-approved claims
agents and attorneys acting under a
declaration of representation so that
these individuals can aid veterans in the
preparation, presentation, and
prosecution of claims under the laws
administered by VA. The name and
address of a veteran will not, however,
be disclosed to these individuals if the
veteran has not requested the assistance
of an accredited service organization,
claims agent or an attorney.
11. The names and addresses and
military discharge information (e.g., jobrelated information regarding veterans
with a certain primary occupational
specialty number) may be disclosed
upon official request to the Departments
of Justice, Labor and to the Department
of Health and Human Services,
Operation Military Experience Directed
Into Health Careers (MEDIHC) State
coordinators. These disclosures help
veterans who were trained in health and
other skills while in the military to learn
of career opportunities.
12. Any information in this system of
records may be disclosed to the
Department of Defense Manpower Data
Center, upon its official request, for
statistical compilation of information
contained on the separation documents
issued by the Department of Defense.
Veterans’ addresses that are contained
in this system of records may be
disclosed to the Department of Defense
Manpower Data Center, upon its official
request, for military recruiting
command needs: Department of Defense
civilian personnel offices’ mobilization
studies and mobilization information,
debt collection, and Individual Ready
Reserve (IRR) Units’ locator services.
13. The name, address, date of birth
and other identifying data, including
social security numbers, of a male
veteran covered by this system may be
released to the Selective Service System
for the purpose of identifying men who
served on active military duty, but
failed to register with the Selective
Service System upon separation or
discharge from the service; providing
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the current addresses of veterans;
correcting or supplementing the data
which the Selective Service System
receives from Department of Defense
separation points; and ensuring the
proper classification of veterans for
induction purposes in the event of a
return to the draft. These records may
also be disclosed as part of an ongoing
computer matching program to
accomplish these purposes.
14. Identifying information from this
system of records, including name,
mailing address, service discharge date,
social security number, date of birth,
service branch, gender, disability status,
pay grade, educational level, date of
enlistment and the amount of
Servicemen’s Group Life Insurance
coverage carried at the time of discharge
may be disclosed to the Office of
Servicemen’s Group Life Insurance for
the purposes of soliciting applications
for life insurance coverage under the
Veteran’s Group Life Insurance program.
15. Disclosure may be made to the
National Archives and Records (NARA)
Administration and the General
Services Administration (GSA) in
records management inspections
conducted under authority of chapter 29
of title 44, United States Code.
16. VA may disclose information from
this system of records to the Department
of Justice (DoJ), either on VA’s initiative
or in response to DoJ’s request for the
information, after either VA or DoJ
determines that such information is
relevant to DoJ’s representation of the
United States or any of its components
in legal proceedings before a court or
adjudicative body, provided that, in
each case, the agency also determines
prior to disclosure that release of the
records to DoJ is a use of the
information contained in the records
that is compatible with the purpose for
which VA collected the records. VA, on
its on initiative, may disclose records in
this system of records in legal
proceedings before a court or
administrative body after determining
that the disclosure of records to the
court or administrative body is a use of
the information contained in the records
that is compatible with the purpose for
which VA collected the records.
17. Disclosure of relevant information
may be made to individuals,
organizations, public or private
agencies, or other entities with whom
VA has a contract or agreement or where
there is a subcontract to perform such
services as VA may deem practicable for
the purposes of laws administered by
VA, in order for the contractor or
subcontractor to perform the services of
the contract or agreement.
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18. Disclosure to other Federal
agencies may be made to assist such
agencies in preventing and detecting
possible fraud or abuse by individuals
in their operations and programs.
19. VA may disclose on its own
initiative any information in this
system, except the names and mailing
addresses of veterans and their
dependents, that is relevant to a
suspected violation or reasonably
imminent violation of law, whether
civil, criminal or regulatory in nature
and whether arising by general or
program statute or by regulation, rule or
order issued pursuant thereto, to a
Federal, State, local, tribal, or foreign
agency charged with the responsibility
of investigating or prosecuting such
violation, or charged with enforcing or
implementing the statute, rule,
regulation or order.
20. VA may on its own initiative,
disclose any information or records to
appropriate agencies, entities, and
persons when (1) VA suspects or has
confirmed that the integrity or
confidentiality of information in the
system of records has been
compromised; (2) VA has determined
that as a result of the suspected or
confirmed compromise, there is a risk of
embarrassment or harm to the
reputations of the record subjects, harm
to the economic or property interests,
identity theft or fraud, or harm to the
programs (whether maintained by VA or
another agency or entity) that rely upon
the potentially compromised
information; and (3) the disclosure is to
agencies, entities, or persons whom VA
determines are reasonably necessary to
assist or carry out the VA’s efforts to
respond to the suspected or confirmed
compromise and prevent, minimize, or
remedy such harm. This routine use
permits disclosures by VA to respond to
a suspected or confirmed data breach,
including the conduct of any risk
analysis or provision of credit
protection services as provided in 38
U.S.C. 5724, as the terms are defined in
38 U.S.C. 5727.
21. The name and mailing address of
a VA beneficiary, and other information
as is reasonably necessary to identify
such a beneficiary, who has been
adjudicated as incompetent under 38
CFR 3.353, may be provided to the
Attorney General of the United States or
his/her designee, for use by the
Department of Justice in the National
Instant Criminal Background Check
System (NICS) mandated by the Brady
Handgun Violence Prevention Act,
Public Law 103–159.
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POLICIES AND PRACTICES FOR STORING,
RETRIEVING, ACCESSING, RETAINING, AND
DISPOSING OF RECORDS IN THE SYSTEM:
STORAGE:
Records (or information contained in
records) are maintained on paper
documents in claims folders (C-folders),
vocational rehabilitation folders,
electronic file folders (e.g., Virtual VA
and TIMS File), and on automated
storage media (e.g., microfilm,
microfiche, magnetic tape and disks).
Such information may be accessed
through data telecommunication
terminal systems designated the
Benefits Delivery Network (BDN),
Virtual VA and Veterans Service
Network (VETSNET). BDN, Virtual VA
and VETSNET terminal locations
include VA Central Office, regional
offices, VA health care facilities, and
Veterans Integrated Service Network
(VISN) offices. Remote on-line access is
also made available to authorized
remote sites, representatives of
claimants and to attorneys of record for
claimants. A VA claimant must execute
a prior written consent or a power of
attorney authorizing access to his or her
claims records before VA will allow the
representative or attorney to have access
to the claimant’s automated claims
records. Access by representatives and
attorneys of record is to be used solely
for the purpose of assisting an
individual claimant whose records are
accessed in a claim for benefits
administered by VA.
RETRIEVABILITY:
Information is retrievable by the use
of name only; name and one or more
numbers (service, social security, VA
claims file, and VA insurance file);
name and one or more criteria (e.g., date
of birth, death and service); VA file
number only; or initials or first five
letters of the last name and VA file
number.
SAFEGUARDS:
Access to the basic file in the
Corporate Franchise Data Center in
Austin, Texas is restricted to authorized
VA employees and vendors. Access to
working spaces and claims folder file
storage areas in VA regional offices and
centers is restricted to VA employees
who have a need-to-know for the
performance of their official duties
associated with providing veterans
benefits. Generally, file areas are locked
after normal duty hours and the offices
and centers are protected from outside
access by the Federal Protective Service
or other security personnel. Access to
BDN, Virtual VA and VETSNET data
telecommunication networks are by
authorization controlled by the site
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security officer who is responsible for
authorizing access to the BDN, Virtual
VA and VETSNET by a claimant’s
representative or attorney approved for
access in accordance with VA
regulations. The site security officer is
responsible for ensuring that the
hardware, software and security
practices of a representative or attorney
satisfy VA security requirements before
granting access. The security
requirements applicable to the access of
automated claims files by VA employees
also apply to the access of automated
claims files by claimants’
representatives or attorneys. The
security officer is assigned
responsibility for implementing and
enforcing privacy-security measures,
especially for review of violation logs,
information logs and control of
password distribution, including
password distribution for claimants’
representatives.
RENTENTION AND DISPOSAL:
Records are maintained on magnetic
tape, disks and microfiche and are
retained and disposed of in accordance
with disposition and authorization
approved by the National Archives and
Records Administration.
SYSTEM MANAGER(S) AND ADDRESS:
Director, Compensation and Pension
Service (21), VA Central Office, 810
Vermont Avenue NW., Washington, DC
20420.
NOTIFICATION PROCEDURE:
An individual who wishes to
determine whether a record is being
maintained in this system under his or
her name or other personal identifier, or
wants to determine the contents of such
record, should submit a written request
or apply in person to the Director,
Administrative Service (23), VA Central
Office, 810 Vermont Avenue NW.,
Washington, DC 20420. Inquiries should
include the individual’s full name and
social security number to ensure that
the information is shared with the
correct individual.
RECORD ACCESS PROCEDURES:
Service, which provides copies to VA of
PHS–1867, Statement of Service
Verification of Status of Commissioned
Officers of the U.S. PHS; and the
National Oceanic and Atmospheric
Administration, which provides VA
with copies of ESSA Form 56–16,
Report of Separation Discharge.
Appendix 1:
Department of Veterans Affairs Regional
Offices and Centers
Alabama AL
VA Regional Office, 345 Perry Hill Rd.,
Montgomery, Alabama 36109.
Alaska AK
VA Regional Office, 1201 N Muldoon Rd.,
Anchorage 99504.
Arizona AZ
VA Regional Office, 3333 North Central
Ave., Phoenix, Arizona 85012.
Arkansas AR
VA Regional Office, 2200 Fort Roots Dr.,
Bldg. 65, North Little Rock, Arkansas 72144.
California CA
VA Regional Office, Federal Bldg., 11000
Wilshire Blvd., Los Angeles, California
90024.
VA Regional Office, 1301 Clay St., Rm.
1300 North, Oakland, California 94612.
VA Regional Office, 8810 Rio San Diego
Dr., San Diego, California 92108.
Colorado CO
VA Regional Office, 155 Van Gordon St.,
Lakewood, Colorado 80228.
Connecticut CT
VA Regional Office, 555 Willard Ave.,
Newington, Connecticut 06111.
Delaware DE
VA Regional Office, 1601 Kirkwood Hwy.,
Wilmington, Delaware 19805.
District of Columbia DC
VA Regional Office, 1722 I St., NW.,
Washington, DC 20421.
VA Central Office, 810 Vermont Ave., NW.,
Washington, DC 20420.
Florida FL
VA Regional Office, 9500 Bay Pines Blvd.,
St. Petersburg, Florida 33708.
mstockstill on DSKH9S0YB1PROD with NOTICES
Individuals seeking information
regarding access to and contesting of VA
records in this system may write, call or
visit the nearest VA regional office.
Georgia GA
CONTESTING RECORD PROCEDURES:
VA Regional Office, 459 Patterson Rd., EWing, Honolulu, Hawaii 96819.
See Record access procedures above.
The Department of Defense, which
provides copies to VA of DD Form 214,
Certificate of Release or Discharge from
Active Duty, DD Form 215, Correction to
DD Form 214; U.S. Public Health
19:00 Oct 05, 2010
Hawaii HI
Idaho ID
RECORD SOURCE CATEGORIES:
VerDate Mar<15>2010
VA Regional Office, 1700 Clairmont Rd.,
Decatur, Georgia 30033.
Jkt 223001
VA Regional Office, 444 W. Fort St., Boise,
Idaho 83702.
Illinois IL
VA Regional Office, 2122 W. Taylor St.,
Chicago, Illinois 60612.
PO 00000
Frm 00178
Fmt 4703
Sfmt 4703
61869
Indiana IN
VA Regional Office, 575 N. Pennsylvania
St., Indianapolis, Indiana 46204.
Iowa IA
VA Regional Office, 210 Walnut St., Des
Moines, Iowa 50309.
Kansas KS
VA Regional Office, 5500 E. Kellogg Ave.,
Wichita, Kansas 67128.
Kentucky KY
VA Regional Office, 321 W. Main St., Ste.
390, Louisville, Kentucky 40202.
Louisiana LA
VA Regional Office, 1250 Poydras St., New
Orleans, Louisiana 70056.
Maine ME
VA Regional Office, One VA Center,
Augusta, Maine 04330.
Maryland MD
VA Regional Office, Federal Bldg., 31
Hopkins Plaza, Baltimore, Maryland 21201.
Massachusetts MA
VA Regional Office, John Fitzgerald
Kennedy Federal Bldg., Government Center,
Boston, Massachusetts 02203.
Michigan MI
VA Regional Office, Patrick V. McNamara
Federal Bldg., 477 Michigan Ave., Rm. 1400,
Detroit, Michigan 48226.
Minnesota MN
VA Regional Office, Bishop Henry Whipple
Federal Bldg., 1 Federal Dr., Fort Snelling, St.
Paul, Minnesota 55111.
Mississippi MS
VA Regional Office, 1600 East Woodrow
Wilson Ave., Jackson, Mississippi 39216.
Missouri MO
VA Regional Office, 400 South 18th St., St.
Louis, Missouri 63103.
Montana MT
VA Regional Office, 3633 Veterans Dr., Fort
Harrison, Montana 59636.
Nebraska NE
VA Regional Office, 5631 S. 48th St.,
Lincoln, Nebraska 68516.
Nevada NV
VA Regional Office, 5460 Reno Corporate
Dr., Reno, Nevada 89511.
VA Benefits Office, 4800 Alpine Pl., Suite
12, Las Vegas, Nevada 89107.
New Hampshire NH
VA Regional Office, Norris Cotton Federal
Bldg., 275 Chestnut St., Manchester, New
Hampshire 03101.
New Jersey NJ
VA Regional Office, 20 Washington Place,
Newark, New Jersey 07120.
New Mexico NM
VA Regional Office, Dennis Chavez Federal
Bldg., 500 Gold Ave., SW., Albuquerque,
New Mexico 87102.
E:\FR\FM\06OCN1.SGM
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Federal Register / Vol. 75, No. 193 / Wednesday, October 6, 2010 / Notices
New York NY
VA Regional Office, 245 W. Houston St.,
New York, New York 10014.
VA Regional Office, Niagra Center, 130 S.
Elmwood Ave., Buffalo, New York 14202.
North Carolina NC
VA Regional Office, Federal Office
Building, 251 North Main Street, WinstonSalem, North Carolina 27155.
North Dakota ND
VA Regional Office, 2101 Elm St., Fargo,
North Dakota 58102.
Ohio OH
VA Regional Office, Anthony J. Celebreeze
Federal Office Bldg., 1240 East Ninth St.,
Cleveland, Ohio 44199.
Oklahoma OK
VA Regional Office and Insurance Center,
5000 Wissahickon Ave., Philadelphia,
Pennsylvania 19101.
VA Regional Office, One Veterans Plaza,
701 Clay Ave., Waco, Texas 76799.
Philippines
VA Regional Office and Outpatient Clinic,
1131 Roxas Blvd., Manila, Philippines;
MAILING ADDRESS from U.S.: VA Regional
Office, PSC 501, DPO AP 96515–1100.
VA Regional Office, 550 Foothill Drive,
Salt Lake City, Utah 84148.
Puerto Rico, Commonwealth of (including the
Virgin Islands)
VA Regional Office, 150 Carlos Chardon
Ave., Suite 300, San Juan, Puerto Rico 00918.
Pennsylvania PA
Texas TX
VA Regional Office, 6900 Almeda Rd.,
Houston, Texas 77030.
mstockstill on DSKH9S0YB1PROD with NOTICES
Jkt 223001
VA Regional Office, 210 Franklin Rd., SW,
Roanoke, Virginia 24011.
West Virginia WV
Tennessee TN
VA Regional Office, 110 9th Ave. South,
Nashville, Tennessee 37203.
19:00 Oct 05, 2010
Virginia VA
South Carolina SC
VA Regional Office, 6437 Garners Ferry
Rd., Columbia, South Carolina 29201.
VA Regional Office, Edith Green/Wendell
Wyatt Federal Building, 1220 SW. Third
Ave., Portland, Oregon 97204.
VerDate Mar<15>2010
VA Regional Office, 215 North Main Street,
White River Junction, Vermont 05001.
Washington WA
Oregon OR
VA Regional Office, 1000 Liberty Ave.,
Pittsburgh, Pennsylvania 15222.
Vermont VT
Rhode Island RI
VA Regional Office, 380 Westminster
Street, Providence, Rhode Island 02903.
South Dakota SD
VA Regional Office, P.O. Box 5046, 2501
W. 22nd St., Sioux Falls, South Dakota
57105.
VA Regional Office, 125 South Main St.,
Muskogee, Oklahoma 74401.
Utah UT
PO 00000
Frm 00179
Fmt 4703
Sfmt 9990
VA Regional Office, Federal Bldg., 915
Second Ave., Seattle, Washington 98174.
VA Regional Office, 640 4th Ave.,
Huntington, West Virginia 25701.
Wisconsin WI
VA Regional Office, 5400 W. National
Ave., Milwaukee, Wisconsin 53214.
Wyoming WY
VA Regional Office and Medical Center,
2360 East Pershing Blvd., Cheyenne,
Wyoming 82001.
[FR Doc. 2010–25233 Filed 10–5–10; 8:45 am]
BILLING CODE P
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Agencies
[Federal Register Volume 75, Number 193 (Wednesday, October 6, 2010)]
[Notices]
[Pages 61865-61870]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2010-25233]
-----------------------------------------------------------------------
DEPARTMENT OF VETERANS AFFAIRS
Privacy Act of 1974; System of Records
AGENCY: Department of Veterans Affairs (VA).
ACTION: Notice of Amendment of Systems of Records Notice ``Veterans
Assistance Discharge System--VA'' (45VA21).
-----------------------------------------------------------------------
SUMMARY: As required by the Privacy Act of 1974, 5 U.S.C. 552a(e)(4),
notice is hereby given that the Department of Veterans Affairs (VA)
proposes to update system of records, ``Veterans Assistance Discharge
System--VA'' (45VA21). VA is amending the system of records by revising
the Purpose(s), System Manager and address, and Routine Uses of Records
Maintained in the System. VA is republishing the system notice in its
entirety.
DATES: Comments on this amended system of records must be received no
later than November 5, 2010. If no public comment is received during
the period allowed for comment or unless otherwise published in the
Federal Register by VA, the amended system will become effective
November 5, 2010.
ADDRESSES: Written comments may be submitted through
www.Regulations.gov; by mail or hand-delivery to Director, Regulation
Policy and Management (02REG), Department of Veterans Affairs, 810
Vermont Avenue, NW., Room 1068, Washington, DC 20420; or by fax to 202-
273-9026. (This is not a toll free number.) Copies of comments received
will be available for public inspection in the Office of Regulation
Policy and Management, Room 1063B, between the hours of 8 a.m. and 4:30
p.m. Monday through Friday (except holidays). Please call 202-461-4902
for an appointment. (This is not a toll free number.) In addition,
during the comment period, comments may be viewed online through the
Federal Docket Management System (FDMS) at https://www.Regulations.gov.
FOR FURTHER INFORMATION CONTACT: Thomas J. Murphy, Director
Compensation and Pension Service, Veterans Benefits Administration
(VBA), Department of Veterans Affairs, 810 Vermont Avenue, NW.,
Washington DC 20420, 202-461-9700.
SUPPLEMENTARY INFORMATION:
I. Description of Proposed Systems of Records
This system will collect a limited amount of personally
identifiable
[[Page 61866]]
information in order to provide service to Veterans, service members,
reservists, and their spouses, surviving spouses, and dependents, who
file claims for a wide variety of Federal veteran's benefits
administered by VA at VA facilities located throughout the nation. See
the statutory provisions cited in ``Authority for maintenance of the
system''. VA gathers or creates these records in order to enable it to
administer these statutory benefits programs.
The Department of Veterans Affairs notices for systems of records
subject to the Privacy Act of 1974 (5 U.S.C. 552a), as amended, have
been published in the Federal Register and are available from the
address above.
In this system of records the name and address of the System Owner
has been updated for accuracy. The Purpose in this system of records is
being revised to provide explanation for the information collection and
list affected individuals.
The notice of amendment and an advance copy of the system notice
have been sent to the appropriate Congressional committees and to the
Director of Office of Management and Budget (OMB) as required by 5
U.S.C. 552a(r) and guidelines issued by OMB (65 FR 77677, December 12,
2000).
II. Proposed Routine Use Disclosures of Data in the System
The routine uses of records maintained in the system, including
categories of users and the purposes of such uses, are being amended to
protect the confidentiality and govern the release of VA records
subject to 38 U.S.C. 5701, which permits disclosure in accordance with
valid routine uses. Routine use numbers 15, 16, 17, 18, 19, 20 and 21
have been added to conform in accordance with this authority.
Routine use number 1 has been revised to require that individuals
covered by this system provide written requests for disclosures to be
made to members of Congress or their staff. Routine use 15 was added to
allow for the disclosure of information to the National Archives and
Records Administration (NARA) and the General Services Administration
(GSA) in records management inspections conducted under authority of
chapter 29 of title 44, United States Code. Routine use 16 was added to
allow for the disclosure of information in this system of records to
the Department of Justice (DoJ), either on VA's initiative or in
response to DoJ's request for the information, after either VA or DoJ
determines that such information is relevant to DoJ's representation of
the United States or any of its components in legal proceedings before
a court or adjudicative body, provided that, in each case, the agency
also determines prior to disclosure that release of the records to DoJ
is a use of the information contained in the records that is compatible
with the purpose for which VA collected the records. VA, on its on
initiative, may disclose records in this system of records in legal
proceedings before a court or administrative body after determining
that the disclosure of records to the court or administrative body is a
use of the information contained in the records that is compatible with
the purpose for which VA collected the records. Routine use 17 was
added to allow for the disclosure of information to individuals,
organizations, public or private agencies, or other entities with whom
VA has a contract or agreement or where there is a subcontract to
perform such services as VA may deem practicable for the purposes of
laws administered by VA, in order for the contractor or subcontractor
to perform the services of the contract or agreement. Routine use 18
was added to allow for the disclosure of information in this system to
other Federal agencies to assist such agencies in preventing and
detecting possible fraud or abuse by individuals in their operations
and programs. Routine use 19 was added to allow for the disclosure of
information in this system, except the names and mailing addresses of
veterans and their dependents, that is relevant to a suspected
violation or reasonably imminent violation of law, whether civil,
criminal or regulatory in nature and whether arising by general or
program statute or by regulation, rule or order issued pursuant
thereto, to a Federal, State, local, tribal, or foreign agency charged
with the responsibility of investigating or prosecuting such violation,
or charged with enforcing or implementing the statute, rule, regulation
or order. Routine use 20 was added to allow for the disclosure of
information or records to appropriate agencies, entities, and persons
when (1) VA suspects or has confirmed that the integrity or
confidentiality of information in the system of records has been
compromised; (2) VA has determined that as a result of the suspected or
confirmed compromise, there is a risk of embarrassment or harm to the
reputations of the record subjects, harm to the economic or property
interests, identity theft or fraud, or harm to the programs (whether
maintained by VA or another agency or entity) that rely upon the
potentially compromised information; and (3) the disclosure is to
agencies, entities, or persons whom VA determines are reasonably
necessary to assist or carry out VA's efforts to respond to the
suspected or confirmed compromise and prevent, minimize, or remedy such
harm. This routine use permits disclosures by VA to respond to a
suspected or confirmed data breach, including the conduct of any risk
analysis or provision of credit protection services as provided in 38
U.S.C. 5724, as the terms are defined in 38 U.S.C. 5727. Routine use 21
was added to allow for the disclosure of the name and mailing address
of a VA beneficiary, and other information as is reasonably necessary
to identify such a beneficiary, who has been adjudicated as incompetent
under 38 CFR 3.353, to the Attorney General of the United States or
his/her designee, for use by the Department of Justice in the National
Instant Criminal Background Check System (NICS) mandated by the Brady
Handgun Violence Prevention Act, Public Law 103-159.
Approved: September 10, 2010.
John R. Gingrich,
Chief of Staff, Department of Veterans Affairs.
45VA21
SYSTEM OF RECORD:
``Veterans Assistance Discharge System--VA''
SYSTEM LOCATION:
Records are maintained at the Department of Veterans Affairs (VA)
regional offices, VA Medical Centers, the VA Records Management Center,
St. Louis, Missouri, and at the Corporate Franchise Data Center in
Austin, Texas. Address locations are listed in the VA Appendix 1,
located at the end of this document.
CATAGORIES OF INDIVIDUALS COVERED BY THE SYSTEM:
Individuals (veterans only) released from active military service
from March 1973, for whom separation documents (i.e., DD Forms 214,
215) were received in the Corporate Franchise Data Center in Austin,
Texas.
CATEGORIES OF RECORDS IN THE SYSTEM:
The record, or information contained in the record may include
personally identifiable information (PII) and military discharge
information. PII may include the following concerning the veteran: Full
name, social security number, service number, date of birth. Military
discharge information may include the primary military occupational
specialty number, entry and release from active duty, character of
service, branch of service, and
[[Page 61867]]
mailing address at the time of discharge, level of education (e.g.,
high school graduate or equivalent or not high school graduate or
equivalent), sex, total amount of active service, the dollar amount of
readjustment or severance pay, number of non-paydays, pay grade,
narrative reason for separation and whether the veteran was discharged
with a disability, served in the Vietnam Conflict, reenlisted in the
military service or received a military decoration such as a Purple
Heart.
AUTHORITY FOR MAINTENANCE OF THE SYSTEM:
Title 38, United States Code, Chapter 3, section 501(a), (b).
PURPOSE:
This system collects a limited amount of personally identifiable
information for the purpose of maintaining records and providing
benefits to veterans who file claims for a wide variety of Federal
veteran's benefits administered by VA at VA facilities located
throughout the United States. See the statutory provisions cited in
``Authority for maintenance of the system''. VA gathers or creates
these records in order to enable it to administer these statutory
benefits programs.
ROUTINE USES OF RECORDS MAINTAINED IN THE SYSTEM, INCLUDING CATEGORIES
OF USERS AND THE PURPOSES OF SUCH USES:
1. The record of an individual who is covered by this system may be
disclosed to a member of Congress or staff person acting for the member
when the member or staff person requests the record on behalf of and at
the written request of that individual.
2. Any information in this system may be disclosed to a Federal
agency, upon its official request, to the extent that it is relevant
and necessary to that agency's decision regarding: The hiring,
retention or transfer of an employee; the issuance of a security
clearance, the letting of a contract, or the issuance or continuance of
a license, grant or other benefit given by that agency. However, in
accordance with an agreement with the U.S. Postal Service, disclosures
to the U.S. Postal Service for decisions concerning the employment of
veterans will only be made with the veteran's prior written consent.
3. Any information in this system may be disclosed to a State or
local agency, upon its official request, to the extent that it is
relevant and necessary to that agency's decision on: The hiring,
transfer or retention of an employee, the issuance of a security
clearance, the letting of a contract, or the issuance or continuance of
a license, grant or other benefit by that agency; provided, that if the
information pertains to a veteran, the name and address of the veteran
will not be disclosed unless the name and address is provided first by
the requesting State or local agency.
4. Any information in this system may be disclosed to a Federal
agency, except for the name and address of a veteran, in order for VA
to obtain information relevant to the issuance of a benefit under title
38, United States Code. The name and address of a veteran may be
disclosed to a Federal agency under this routine use if they are
required by the Federal agency to respond to the VA inquiry.
5. Any information in this system, except for the name and address
of a veteran, which is relevant to a suspected violation or reasonably
imminent violation of law, whether civil, criminal or regulatory in
nature and whether arising by general or program statute or by
regulation, rule or order issued pursuant thereto, may be disclosed to
a Federal, State, local, tribal, 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.
6. The name and address of a veteran, which is relevant to a
suspected violation or reasonably imminent violation of law, whether
civil, criminal or regulatory in nature and whether arising by general
or program statute or by regulation, rule or order issued pursuant
thereto, may be disclosed to a Federal agency charged with the
responsibility of investigating or prosecuting such violation or
charged with enforcing or implementing the statute, regulation, rule or
order issued pursuant thereto, in response to its official request.
7. The name and address of a veteran, which is relevant to a
suspected violation or reasonably imminent violation of law concerning
public health or safety, whether civil, criminal or regulatory in
nature and whether arising by general or program statute or by
regulation, rule or order issued pursuant thereto, may be disclosed to
any foreign State or local governmental agency or instrumentality
charged under applicable law with the protection of the public health
or safety if a qualified representative of such organization, agency or
instrumentality has made a written request that such name and address
be provided for a purpose authorized by law.
8. Any information, including name and address of a veteran, may be
disclosed to any nonprofit organization if the release is directly
connected with the conduct of programs and the utilization of benefits
under title 38, United States Code (such disclosures include
computerized lists of names and addresses).
9. A listing of names and addresses of educationally disadvantaged
veterans residing in a specific geographic area may be disclosed to VA-
approved nonprofit educational facilities in order to aid these
facilities in VA outreach programs by permitting direct contact with
the educationally disadvantaged veteran.
10. Identifying information may be disclosed at the request of the
veteran to accredited service organization representatives, VA-approved
claims agents and attorneys acting under a declaration of
representation so that these individuals can aid veterans in the
preparation, presentation, and prosecution of claims under the laws
administered by VA. The name and address of a veteran will not,
however, be disclosed to these individuals if the veteran has not
requested the assistance of an accredited service organization, claims
agent or an attorney.
11. The names and addresses and military discharge information
(e.g., job-related information regarding veterans with a certain
primary occupational specialty number) may be disclosed upon official
request to the Departments of Justice, Labor and to the Department of
Health and Human Services, Operation Military Experience Directed Into
Health Careers (MEDIHC) State coordinators. These disclosures help
veterans who were trained in health and other skills while in the
military to learn of career opportunities.
12. Any information in this system of records may be disclosed to
the Department of Defense Manpower Data Center, upon its official
request, for statistical compilation of information contained on the
separation documents issued by the Department of Defense. Veterans'
addresses that are contained in this system of records may be disclosed
to the Department of Defense Manpower Data Center, upon its official
request, for military recruiting command needs: Department of Defense
civilian personnel offices' mobilization studies and mobilization
information, debt collection, and Individual Ready Reserve (IRR) Units'
locator services.
13. The name, address, date of birth and other identifying data,
including social security numbers, of a male veteran covered by this
system may be released to the Selective Service System for the purpose
of identifying men who served on active military duty, but failed to
register with the Selective Service System upon separation or discharge
from the service; providing
[[Page 61868]]
the current addresses of veterans; correcting or supplementing the data
which the Selective Service System receives from Department of Defense
separation points; and ensuring the proper classification of veterans
for induction purposes in the event of a return to the draft. These
records may also be disclosed as part of an ongoing computer matching
program to accomplish these purposes.
14. Identifying information from this system of records, including
name, mailing address, service discharge date, social security number,
date of birth, service branch, gender, disability status, pay grade,
educational level, date of enlistment and the amount of Servicemen's
Group Life Insurance coverage carried at the time of discharge may be
disclosed to the Office of Servicemen's Group Life Insurance for the
purposes of soliciting applications for life insurance coverage under
the Veteran's Group Life Insurance program.
15. Disclosure may be made to the National Archives and Records
(NARA) Administration and the General Services Administration (GSA) in
records management inspections conducted under authority of chapter 29
of title 44, United States Code.
16. VA may disclose information from this system of records to the
Department of Justice (DoJ), either on VA's initiative or in response
to DoJ's request for the information, after either VA or DoJ determines
that such information is relevant to DoJ's representation of the United
States or any of its components in legal proceedings before a court or
adjudicative body, provided that, in each case, the agency also
determines prior to disclosure that release of the records to DoJ is a
use of the information contained in the records that is compatible with
the purpose for which VA collected the records. VA, on its on
initiative, may disclose records in this system of records in legal
proceedings before a court or administrative body after determining
that the disclosure of records to the court or administrative body is a
use of the information contained in the records that is compatible with
the purpose for which VA collected the records.
17. Disclosure of relevant information may be made to individuals,
organizations, public or private agencies, or other entities with whom
VA has a contract or agreement or where there is a subcontract to
perform such services as VA may deem practicable for the purposes of
laws administered by VA, in order for the contractor or subcontractor
to perform the services of the contract or agreement.
18. Disclosure to other Federal agencies may be made to assist such
agencies in preventing and detecting possible fraud or abuse by
individuals in their operations and programs.
19. VA may disclose on its own initiative any information in this
system, except the names and mailing addresses of veterans and their
dependents, that is relevant to a suspected violation or reasonably
imminent violation of law, whether civil, criminal or regulatory in
nature and whether arising by general or program statute or by
regulation, rule or order issued pursuant thereto, to a Federal, State,
local, tribal, or foreign agency charged with the responsibility of
investigating or prosecuting such violation, or charged with enforcing
or implementing the statute, rule, regulation or order.
20. VA may on its own initiative, disclose any information or
records to appropriate agencies, entities, and persons when (1) VA
suspects or has confirmed that the integrity or confidentiality of
information in the system of records has been compromised; (2) VA has
determined that as a result of the suspected or confirmed compromise,
there is a risk of embarrassment or harm to the reputations of the
record subjects, harm to the economic or property interests, identity
theft or fraud, or harm to the programs (whether maintained by VA or
another agency or entity) that rely upon the potentially compromised
information; and (3) the disclosure is to agencies, entities, or
persons whom VA determines are reasonably necessary to assist or carry
out the VA's efforts to respond to the suspected or confirmed
compromise and prevent, minimize, or remedy such harm. This routine use
permits disclosures by VA to respond to a suspected or confirmed data
breach, including the conduct of any risk analysis or provision of
credit protection services as provided in 38 U.S.C. 5724, as the terms
are defined in 38 U.S.C. 5727.
21. The name and mailing address of a VA beneficiary, and other
information as is reasonably necessary to identify such a beneficiary,
who has been adjudicated as incompetent under 38 CFR 3.353, may be
provided to the Attorney General of the United States or his/her
designee, for use by the Department of Justice in the National Instant
Criminal Background Check System (NICS) mandated by the Brady Handgun
Violence Prevention Act, Public Law 103-159.
POLICIES AND PRACTICES FOR STORING, RETRIEVING, ACCESSING, RETAINING,
AND DISPOSING OF RECORDS IN THE SYSTEM:
STORAGE:
Records (or information contained in records) are maintained on
paper documents in claims folders (C-folders), vocational
rehabilitation folders, electronic file folders (e.g., Virtual VA and
TIMS File), and on automated storage media (e.g., microfilm,
microfiche, magnetic tape and disks). Such information may be accessed
through data telecommunication terminal systems designated the Benefits
Delivery Network (BDN), Virtual VA and Veterans Service Network
(VETSNET). BDN, Virtual VA and VETSNET terminal locations include VA
Central Office, regional offices, VA health care facilities, and
Veterans Integrated Service Network (VISN) offices. Remote on-line
access is also made available to authorized remote sites,
representatives of claimants and to attorneys of record for claimants.
A VA claimant must execute a prior written consent or a power of
attorney authorizing access to his or her claims records before VA will
allow the representative or attorney to have access to the claimant's
automated claims records. Access by representatives and attorneys of
record is to be used solely for the purpose of assisting an individual
claimant whose records are accessed in a claim for benefits
administered by VA.
RETRIEVABILITY:
Information is retrievable by the use of name only; name and one or
more numbers (service, social security, VA claims file, and VA
insurance file); name and one or more criteria (e.g., date of birth,
death and service); VA file number only; or initials or first five
letters of the last name and VA file number.
SAFEGUARDS:
Access to the basic file in the Corporate Franchise Data Center in
Austin, Texas is restricted to authorized VA employees and vendors.
Access to working spaces and claims folder file storage areas in VA
regional offices and centers is restricted to VA employees who have a
need-to-know for the performance of their official duties associated
with providing veterans benefits. Generally, file areas are locked
after normal duty hours and the offices and centers are protected from
outside access by the Federal Protective Service or other security
personnel. Access to BDN, Virtual VA and VETSNET data telecommunication
networks are by authorization controlled by the site
[[Page 61869]]
security officer who is responsible for authorizing access to the BDN,
Virtual VA and VETSNET by a claimant's representative or attorney
approved for access in accordance with VA regulations. The site
security officer is responsible for ensuring that the hardware,
software and security practices of a representative or attorney satisfy
VA security requirements before granting access. The security
requirements applicable to the access of automated claims files by VA
employees also apply to the access of automated claims files by
claimants' representatives or attorneys. The security officer is
assigned responsibility for implementing and enforcing privacy-security
measures, especially for review of violation logs, information logs and
control of password distribution, including password distribution for
claimants' representatives.
RENTENTION AND DISPOSAL:
Records are maintained on magnetic tape, disks and microfiche and
are retained and disposed of in accordance with disposition and
authorization approved by the National Archives and Records
Administration.
SYSTEM MANAGER(S) AND ADDRESS:
Director, Compensation and Pension Service (21), VA Central Office,
810 Vermont Avenue NW., Washington, DC 20420.
NOTIFICATION PROCEDURE:
An individual who wishes to determine whether a record is being
maintained in this system under his or her name or other personal
identifier, or wants to determine the contents of such record, should
submit a written request or apply in person to the Director,
Administrative Service (23), VA Central Office, 810 Vermont Avenue NW.,
Washington, DC 20420. Inquiries should include the individual's full
name and social security number to ensure that the information is
shared with the correct individual.
RECORD ACCESS PROCEDURES:
Individuals seeking information regarding access to and contesting
of VA records in this system may write, call or visit the nearest VA
regional office.
CONTESTING RECORD PROCEDURES:
See Record access procedures above.
RECORD SOURCE CATEGORIES:
The Department of Defense, which provides copies to VA of DD Form
214, Certificate of Release or Discharge from Active Duty, DD Form 215,
Correction to DD Form 214; U.S. Public Health Service, which provides
copies to VA of PHS-1867, Statement of Service Verification of Status
of Commissioned Officers of the U.S. PHS; and the National Oceanic and
Atmospheric Administration, which provides VA with copies of ESSA Form
56-16, Report of Separation Discharge.
Appendix 1:
Department of Veterans Affairs Regional Offices and Centers
Alabama AL
VA Regional Office, 345 Perry Hill Rd., Montgomery, Alabama
36109.
Alaska AK
VA Regional Office, 1201 N Muldoon Rd., Anchorage 99504.
Arizona AZ
VA Regional Office, 3333 North Central Ave., Phoenix, Arizona
85012.
Arkansas AR
VA Regional Office, 2200 Fort Roots Dr., Bldg. 65, North Little
Rock, Arkansas 72144.
California CA
VA Regional Office, Federal Bldg., 11000 Wilshire Blvd., Los
Angeles, California 90024.
VA Regional Office, 1301 Clay St., Rm. 1300 North, Oakland,
California 94612.
VA Regional Office, 8810 Rio San Diego Dr., San Diego,
California 92108.
Colorado CO
VA Regional Office, 155 Van Gordon St., Lakewood, Colorado
80228.
Connecticut CT
VA Regional Office, 555 Willard Ave., Newington, Connecticut
06111.
Delaware DE
VA Regional Office, 1601 Kirkwood Hwy., Wilmington, Delaware
19805.
District of Columbia DC
VA Regional Office, 1722 I St., NW., Washington, DC 20421.
VA Central Office, 810 Vermont Ave., NW., Washington, DC 20420.
Florida FL
VA Regional Office, 9500 Bay Pines Blvd., St. Petersburg,
Florida 33708.
Georgia GA
VA Regional Office, 1700 Clairmont Rd., Decatur, Georgia 30033.
Hawaii HI
VA Regional Office, 459 Patterson Rd., E-Wing, Honolulu, Hawaii
96819.
Idaho ID
VA Regional Office, 444 W. Fort St., Boise, Idaho 83702.
Illinois IL
VA Regional Office, 2122 W. Taylor St., Chicago, Illinois 60612.
Indiana IN
VA Regional Office, 575 N. Pennsylvania St., Indianapolis,
Indiana 46204.
Iowa IA
VA Regional Office, 210 Walnut St., Des Moines, Iowa 50309.
Kansas KS
VA Regional Office, 5500 E. Kellogg Ave., Wichita, Kansas 67128.
Kentucky KY
VA Regional Office, 321 W. Main St., Ste. 390, Louisville,
Kentucky 40202.
Louisiana LA
VA Regional Office, 1250 Poydras St., New Orleans, Louisiana
70056.
Maine ME
VA Regional Office, One VA Center, Augusta, Maine 04330.
Maryland MD
VA Regional Office, Federal Bldg., 31 Hopkins Plaza, Baltimore,
Maryland 21201.
Massachusetts MA
VA Regional Office, John Fitzgerald Kennedy Federal Bldg.,
Government Center, Boston, Massachusetts 02203.
Michigan MI
VA Regional Office, Patrick V. McNamara Federal Bldg., 477
Michigan Ave., Rm. 1400, Detroit, Michigan 48226.
Minnesota MN
VA Regional Office, Bishop Henry Whipple Federal Bldg., 1
Federal Dr., Fort Snelling, St. Paul, Minnesota 55111.
Mississippi MS
VA Regional Office, 1600 East Woodrow Wilson Ave., Jackson,
Mississippi 39216.
Missouri MO
VA Regional Office, 400 South 18th St., St. Louis, Missouri
63103.
Montana MT
VA Regional Office, 3633 Veterans Dr., Fort Harrison, Montana
59636.
Nebraska NE
VA Regional Office, 5631 S. 48th St., Lincoln, Nebraska 68516.
Nevada NV
VA Regional Office, 5460 Reno Corporate Dr., Reno, Nevada 89511.
VA Benefits Office, 4800 Alpine Pl., Suite 12, Las Vegas, Nevada
89107.
New Hampshire NH
VA Regional Office, Norris Cotton Federal Bldg., 275 Chestnut
St., Manchester, New Hampshire 03101.
New Jersey NJ
VA Regional Office, 20 Washington Place, Newark, New Jersey
07120.
New Mexico NM
VA Regional Office, Dennis Chavez Federal Bldg., 500 Gold Ave.,
SW., Albuquerque, New Mexico 87102.
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New York NY
VA Regional Office, 245 W. Houston St., New York, New York
10014.
VA Regional Office, Niagra Center, 130 S. Elmwood Ave., Buffalo,
New York 14202.
North Carolina NC
VA Regional Office, Federal Office Building, 251 North Main
Street, Winston-Salem, North Carolina 27155.
North Dakota ND
VA Regional Office, 2101 Elm St., Fargo, North Dakota 58102.
Ohio OH
VA Regional Office, Anthony J. Celebreeze Federal Office Bldg.,
1240 East Ninth St., Cleveland, Ohio 44199.
Oklahoma OK
VA Regional Office, 125 South Main St., Muskogee, Oklahoma
74401.
Oregon OR
VA Regional Office, Edith Green/Wendell Wyatt Federal Building,
1220 SW. Third Ave., Portland, Oregon 97204.
Pennsylvania PA
VA Regional Office, 1000 Liberty Ave., Pittsburgh, Pennsylvania
15222.
VA Regional Office and Insurance Center, 5000 Wissahickon Ave.,
Philadelphia, Pennsylvania 19101.
Philippines
VA Regional Office and Outpatient Clinic, 1131 Roxas Blvd.,
Manila, Philippines; MAILING ADDRESS from U.S.: VA Regional Office,
PSC 501, DPO AP 96515-1100.
Puerto Rico, Commonwealth of (including the Virgin Islands)
VA Regional Office, 150 Carlos Chardon Ave., Suite 300, San
Juan, Puerto Rico 00918.
Rhode Island RI
VA Regional Office, 380 Westminster Street, Providence, Rhode
Island 02903.
South Carolina SC
VA Regional Office, 6437 Garners Ferry Rd., Columbia, South
Carolina 29201.
South Dakota SD
VA Regional Office, P.O. Box 5046, 2501 W. 22nd St., Sioux
Falls, South Dakota 57105.
Tennessee TN
VA Regional Office, 110 9th Ave. South, Nashville, Tennessee
37203.
Texas TX
VA Regional Office, 6900 Almeda Rd., Houston, Texas 77030.
VA Regional Office, One Veterans Plaza, 701 Clay Ave., Waco,
Texas 76799.
Utah UT
VA Regional Office, 550 Foothill Drive, Salt Lake City, Utah
84148.
Vermont VT
VA Regional Office, 215 North Main Street, White River Junction,
Vermont 05001.
Virginia VA
VA Regional Office, 210 Franklin Rd., SW, Roanoke, Virginia
24011.
Washington WA
VA Regional Office, Federal Bldg., 915 Second Ave., Seattle,
Washington 98174.
West Virginia WV
VA Regional Office, 640 4th Ave., Huntington, West Virginia
25701.
Wisconsin WI
VA Regional Office, 5400 W. National Ave., Milwaukee, Wisconsin
53214.
Wyoming WY
VA Regional Office and Medical Center, 2360 East Pershing Blvd.,
Cheyenne, Wyoming 82001.
[FR Doc. 2010-25233 Filed 10-5-10; 8:45 am]
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