Privacy Act of 1974; System of Records, 41744-41749 [2014-16810]
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information from claimants treating
physician that is necessary to adjudicate
a claim for disability benefits.
Affected Public: Individuals or
households.
Estimated Annual Burden: 127,917
hours.
Estimated Average Burden per
Respondent:
a. VA Form 21–0960B–2—15 minutes.
b. VA Form 21–0960C–2—30 minutes.
c. VA Form 21–0960C–10—45
minutes.
d. VA Form 21–0960I–1—15 minutes.
e. VA Form 21–0960I–6—30 minutes.
f. VA Form 21–0960J–1—30 minutes.
g. VA Form 21–0960J–2—15 minutes.
h. VA Form 21–0960J–3—15 minutes.
l. VA Form 21–0960P–1—15 minutes.
m. VA Form 21–0960P–2—30
minutes.
n. VA Form 21–0960P–3—30 minutes.
Frequency of Response: On occasion.
Estimated Number of Respondents:
TOTAL: 307,000
a. VA Form 21–0960B–2—10,000.
b. VA Form 21–0960C–2—2,000.
c. VA Form 21–0960C–10—55,000.
d. VA Form 21–0960I–1—50,000.
e. VA Form 21–0960I–6—5,000.
f. VA Form 21–0960J–1—25,000.
g. VA Form 21–0960J–2—25,000.
h. VA Form 21–0960J–3—25,000.
i. VA Form 21–0960M–13—50,000.
j. VA Form 21–0960M–14—50,000.
k. VA Form 21–0960O–1—25,000.
l. VA Form 21–0960P–1—5,000.
m. VA Form 21–0960P–2—50,000.
n. VA Form 21–0960P–3—55,000.
Dated: July 11, 2014.
By direction of the Secretary.
Crystal Rennie,
VA Clearance Officer, Department of Veterans
Affairs.
[FR Doc. 2014–16751 Filed 7–16–14; 8:45 am]
BILLING CODE 8320–01–P
DEPARTMENT OF VETERANS
AFFAIRS
[OMB Control No. 2900–0075]
Proposed Information Collection
(Statement in Support of Claim);
Comment Request
Veterans Benefits
Administration, Department of Veterans
Affairs.
ACTION: Notice.
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AGENCY:
The Veterans Benefits
Administration (VBA), Department of
Veterans Affairs (VA), is announcing an
opportunity for public comment on the
proposed collection of certain
information by the agency. Under the
Paperwork Reduction Act (PRA) of
SUMMARY:
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1995, Federal agencies are required to
publish notice in the Federal Register
concerning each proposed collection of
information, including each proposed
revision of a currently approved
collection and allow 60 days for public
comment in response to the notice. This
notice solicits comments on information
needed to ensure statements submitted
by or on behalf of a claimant are true
and correct.
DATES: Written comments and
recommendations on the proposed
collection of information should be
received on or before September 15,
2014.
ADDRESSES: Submit written comments
on the collection of information through
Federal Docket Management System
(FDMS) at www.Regulations.gov or to
Nancy J. Kessinger, Veterans Benefits
Administration (20M33), Department of
Veterans Affairs, 810 Vermont Avenue
NW., Washington, DC 20420 or email to
nancy.kessinger@va.gov. Please refer to
‘‘OMB Control No. 2900–0075’’ in any
correspondence. During the comment
period, comments may be viewed online
through FDMS.
FOR FURTHER INFORMATION CONTACT:
Nancy J. Kessinger at (202) 632–8924 or
FAX (202) 632–8925.
SUPPLEMENTARY INFORMATION: Under the
PRA of 1995 (Public Law 104–13; 44
U.S.C. 3501—3521), Federal agencies
must obtain approval from the Office of
Management and Budget (OMB) for each
collection of information they conduct
or sponsor. This request for comment is
being made pursuant to Section
3506(c)(2)(A) of the PRA.
With respect to the following
collection of information, VBA invites
comments on: (1) Whether the proposed
collection of information is necessary
for the proper performance of VBA’s
functions, including whether the
information will have practical utility;
(2) the accuracy of VBA’s estimate of the
burden of the proposed collection of
information; (3) ways to enhance the
quality, utility, and clarity of the
information to be collected; and (4)
ways to minimize the burden of the
collection of information on
respondents, including through the use
of automated collection techniques or
the use of other forms of information
technology.
Title: Statement in Support of Claim,
VA Form 21–4138.
OMB Control Number: 2900–0075.
Type of Review: Revision of a
currently approved collection.
Abstract: Statements submitted by or
on behalf of a claimant must contain a
certification by the respondent that the
information provided to VA is true and
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correct in support of various types of
benefit claims processed by VA. VA
Form 21–4138 is to used collect the
statement in support of such claims.
Affected Public: Individuals or
households.
Estimated Annual Burden: 188,000
hours.
Estimated Average Burden per
Respondent: 15 minutes.
Frequency of Response: On occasion.
Estimated Number of Respondents:
752,000.
Dated: July 11, 2014.
By direction of the Secretary.
Crystal Rennie,
VA Clearance Officer, Department of Veterans
Affairs.
[FR Doc. 2014–16736 Filed 7–16–14; 8:45 am]
BILLING CODE 8320–01–P
DEPARTMENT OF VETERANS
AFFAIRS
Privacy Act of 1974; System of
Records
Department of Veterans Affairs.
Notice of Amendment to System
of Records.
AGENCY:
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) is amending a
system of records in its inventory titled
‘‘Supervised Fiduciary/Beneficiary and
General Investigative Records—VA’’
(37VA27). VA is amending the system of
records by updating it to reflect current
program terminology, policies, and
procedures, and revising the name,
purpose(s), system manager and
address, categories of individuals, types
of information, and routine uses of
records maintained in the system. VA is
republishing the system notice in its
entirety.
SUMMARY:
Comments on this amended
system of records must be received no
later than August 18, 2014. 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 of
records will become effective on August
18, 2014.
ADDRESSES: Written comments
concerning this amended system of
records may be submitted through
www.Regulations.gov; by mail or handdelivery to the Director, Regulation
Policy and Management (02REG),
Department of Veterans Affairs, 810
Vermont Ave. NW., Room 1068,
Washington, DC 20420; or by fax to
(202) 273–9026. (This is not a toll free
DATES:
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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 8:00 a.m. and 4:30 p.m.,
Monday through Friday (except
holidays). Please call (202) 461–4902 for
an appointment. (This is not a toll free
number.) In addition, during the
comment period, comments may be
viewed online through the Federal
Docket Management System (FDMS) at
www.Regulations.gov.
FOR FURTHER INFORMATION CONTACT: Mr.
Chad Phillips, Program Analyst,
Pension and Fiduciary Service, Veterans
Benefits Administration (VBA),
Department of Veterans Affairs, 810
Vermont Avenue NW., Washington, DC
20420, or chad.phillips@va.gov. Mr.
Phillips may also be reached by
telephone at (202) 632–8863. (This is
not a toll free number.)
SUPPLEMENTARY INFORMATION: This
system of records contains guidelines
for the administration of benefits in
regards to beneficiaries who have been
deemed unable to manage their
financial affairs by VA or a court. VA is
amending this system of records to
change the system name and location,
update storage methods, and add
categories of individuals covered by the
system and categories of records
maintained in the system. VA is also
amending the routine uses of records
maintained in the system, including the
categories of users and the purposes of
such uses, as well as the record sources
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.
VA is changing the system’s name to
reflect our retirement of the legacy
system, Fiduciary Beneficiary System,
and deployment of the current system,
Beneficiary Fiduciary Field System. VA
is also updating the location of the
system to reflect the Veterans Benefits
Administration’s consolidation of
fiduciary work from 56 regional offices
to 6 fiduciary hubs. Further, VA is
revising the storage method for records
to highlight the transfer of program
documentation from paper records
stored at individual regional offices to
electronic records stored in a repository.
VA is amending the categories of
individuals covered by the system, to
clarify that the system pertains to
records regarding current, former, and
prospective VA-appointed fiduciaries.
VA is also adding a category for those
individuals designated as a beneficiary’s
preference for appointment by VA,
regardless of whether VA is able to
appoint the individual.
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VA is amending the categories of
records in the system to update the
language used to describe the categories
and records consistent with current
fiduciary program policies and
procedures. The amendments add
category numbers 7 and 8, which
pertain, respectively, to individuals who
previously served as a VA fiduciary and
individuals who VA considered for
appointment as a VA fiduciary but who
were not selected for service. Historical
information regarding past fiduciaries
and their performance provides VA the
ability to ensure that only the best
qualified fiduciaries serve our
beneficiary population and that VA does
not appoint a fiduciary that VA had
previously removed. Including
information related to the qualification
and appointment of individuals seeking
to serve as fiduciary is also an important
addition. It will allow VA to share with
beneficiaries, prospective fiduciaries,
and other qualified individuals the
reasons for selection or non-selection of
an individual as fiduciary for a
particular beneficiary.
VA is amending its routine uses to
add a new number 22, which authorizes
disclosure of information to the
beneficiary regarding VA’s reasons for
selection or non-selection of an
individual as fiduciary for a beneficiary.
An April 2011 court decision held that
a beneficiary may appeal VA’s fiduciary
appointment decisions to the Board of
Veterans’ Appeals. Accordingly, VA
must inform beneficiaries of the reasons
for its appointment decisions, to
include, in some cases, the reasons why
VA decided not to appoint the
individual designated by the beneficiary
as his or her preference. This
information may include the results of
a criminal background check, credit
history check, ability to obtain a surety
bond, or any other information
regarding a prospective fiduciary that is
relevant to VA’s best-interest
determination.
VA is further amending routine uses
to add a new number 23. It authorizes
VA to disclose information about
allegations, investigations, and
determinations of misuse by a fiduciary
to a beneficiary. VA intends to allow a
beneficiary to appeal VA’s decisions
regarding misuse to include the misuse
determination, any request for
reconsideration submitted by the
fiduciary, and negligence
determinations that affect the reissuance
of benefits to the beneficiary or his or
her current fiduciary. This information
could include personal information
about the fiduciary relevant to the
possible misuse of a beneficiary’s funds.
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VA is also expanding the record
source categories to include information
from individuals who previously served
as fiduciaries, persons considered by
VA for appointment as a fiduciary but
who were not selected, and additional
categories of VA personnel. A correction
is also being made to reflect a VA
position title change from ‘‘estate
analyst’’ to ‘‘legal instruments
examiner.’’
These additions and amendments will
greatly enhance VA’s ability to manage
program records and, in turn, better
meet the needs of this beneficiary
population.
Signing Authority
The Acting Secretary of Veterans
Affairs, or designee, approved this
document and authorized the
undersigned to sign and submit the
document to the Office of the Federal
Register for publication electronically as
an official document of the Department
of Veterans Affairs. Jose D. Riojas, Chief
of Staff, Department of Veteran Affairs,
approved this document on June 26,
2014, for publication.
Dated: July 14, 2014.
Robert C. McFetridge,
Director, Office of Regulation Policy and
Management, Office of the General Counsel,
Department of Veterans Affairs.
37VA27
SYSTEM NAME:
Beneficiary Fiduciary Field System
(BFFS)-VA.
SYSTEM LOCATION:
Records are maintained at the
Department of Veterans Affairs (VA)
fiduciary hub that has jurisdiction over
the geographical area in which the VA
beneficiary resides, and the Austin Data
Processing Center in Austin, Texas. The
BFFS system and associated electronic
records are maintained at a private
Federal hosting facility. Addresses of
VA fiduciary hubs and the Data
Processing Center are listed in VA
Appendix 1.
Documents and information
pertaining to program issues and
categories of individuals covered by the
system are stored in an electronic record
repository.
CATEGORIES OF INDIVIDUALS COVERED BY THE
SYSTEM:
The following categories of
individuals are covered by this system:
1. VA beneficiaries (i.e., a veteran or
a non-veteran adult who receives VA
monetary benefits, lacks the mental
capacity to manage his or her own
financial affairs regarding disbursement
of funds without limitation, and is
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either rated incapable of managing his
or her financial affairs or adjudged to be
under legal disability by a court of
competent jurisdiction; or a child who
has not reached majority under State
law and receives VA monetary benefits).
2. Current, former, and prospective
VA-appointed fiduciaries (i.e., a VA
Federal fiduciary appointed by VA to
serve as fiduciary of VA monetary
benefits for a VA beneficiary determined
unable to manage his or her financial
affairs; or a person or legal entity
appointed by a State or foreign court to
supervise the person and/or payee of a
VA beneficiary adjudged to be under a
legal disability). The statutory title of a
court-appointed fiduciary may vary
from State to State.
3. A chief officer of a hospital,
domiciliary, institutional or nursing
home care facility where a beneficiary,
who VA has determined is unable to
manage his or her financial affairs, is
receiving care and who has contracted
to use the veteran’s VA funds in a
specific manner.
4. Supervised Direct Payment (SDP)
(i.e., an adult beneficiary in the
fiduciary program who manages his or
her VA benefits with limited and
temporary supervision based upon a
field examination and subsequent to
determination by the hub manager
pertaining to benefits eligibility and
other issues; or, to develop evidence for
further investigations of potential
criminal issues).
5. Physicians named in treatment
records and financial managers or
attorneys who help disperse funds for
VA beneficiaries deemed unable to
manage those funds.
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CATEGORIES OF RECORDS IN THE SYSTEM:
The records in the electronic fiduciary
folder are the primary records in this
system. Social Security Administration
(SSA) derived records, as needed, are
also contained in this system. These
records may contain the following types
of information:
1. Field examination reports (i.e., VA
Form 27–4716a or 27–3190, Field
Examination Request and Report, which
contains a VA beneficiary’s name,
address, Social Security number, VA file
number, an assessment of the
beneficiary’s ability to handle VA and
non-VA funds, description of family
relationships, economic and social
adjustment information, information on
the beneficiary’s activities, and the
name, address, and assessment of the
performance of a VA-appointed
fiduciary).
2. Correspondence from and to a VA
beneficiary, a VA-appointed fiduciary,
and other interested third parties.
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3. Medical records (i.e., medical and
social work reports generated in VA,
State, local, or private medical treatment
facilities or private physicians’ offices
indicating the medical history of a VA
beneficiary, including diagnosis,
treatment and nature of any physical or
mental disability).
4. Financial records (e.g., accountings
regarding a fiduciary’s management of a
beneficiary’s income, investments, and
accumulated funds, amount of monthly
benefits received, amounts charged for
fees by the fiduciary, certificates of
balance on accounts from financial
institutions, and withdrawal agreements
between VA, financial institutions, and
the fiduciary).
5. Court documents (e.g., petitions,
court orders, letters of guardianship,
inventories of assets, and depositions).
6. Agreements to serve as a VA
Federal fiduciary.
7. Information pertaining to
individuals, including companies and
other entities, who previously served as
a VA-appointed fiduciary.
8. Information related to the
qualification and appointment of
individuals, including companies and
other entities, considered by VA for
appointment as a fiduciary.
9. Photographs of people
(beneficiaries who VA has determined
are unable to manage their financial
affairs, fiduciaries, and other persons
who are the subject of a VA
investigation), places, and things.
10. Fingerprint records.
11. SSA records containing
information about the type and amount
of SSA benefits paid to beneficiaries
who are eligible to receive benefits
under both VA and SSA eligibility
criteria, records containing information
developed by SSA about SSA
beneficiaries who are in need of
representative payees, accountings
provided to SSA, and records
containing information about SSA
representative payees. Also contained in
this system are copies of non-fiduciary
program investigation records. These
records are reports of field examinations
or investigations performed at the
request of any organizational element of
VA about any subject under the
jurisdiction of VA other than a fiduciary
issue. In addition to copies of the
reports, records may include copies of
exhibits or attachments such as
photographs of people, places, and
things; sworn statements; legal
documents involving loan guaranty
transactions, bankruptcy, and debts
owed to VA; accident reports; birth,
death, and divorce records; certification
of search for vital statistics documents;
beneficiary’s financial statements and
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tax records; immigration information;
and newspaper clippings.
AUTHORITY FOR MAINTENANCE OF THE SYSTEM:
Section 501(a), (b), and chapter 55 of
Title 38, United States Code.
PURPOSE(S):
This system will collect a limited
amount of personally identifiable
information to provide authorized
individuals access to or interaction with
VA. The information collected by the
system will include: Name, mailing
address, Social Security number,
medical record information, and
financial information. The system also
enables VA to maintain the name,
mailing address, Social Security or tax
identification number, and credit and
criminal histories of individuals who
are currently VA-appointed fiduciaries,
who previously served as VA-appointed
fiduciaries, or who were considered for
service as VA-appointed fiduciaries, for
the purpose of qualifying the individual
for service as a fiduciary and providing
oversight of fiduciaries. See the
statutory provisions cited in ‘‘Authority
for maintenance of the system.’’ VA
gathers or creates these records in order
to enable it to administer these statutory
benefits programs.
ROUTINE USES OF RECORDS MAINTAINED IN THE
SYSTEM, INCLUDING CATEGORIES OF USERS AND
THE PURPOSES OF SUCH USES:
1. The record of an individual who is
covered by this system may be disclosed
to a member of Congress or staff person
acting for the member when the member
or staff person requests the record on
behalf of and at the request of that
individual.
2. Any information in this system,
except for the name and address of a
veteran, which is relevant to a suspected
violation or reasonably imminent
violation of law, whether civil, criminal,
or regulatory in nature and whether
arising by general or program statute or
by regulation, rule, or order issued
pursuant thereto, may be disclosed to a
Federal, State, local, or foreign agency
charged with the responsibility of
investigating or prosecuting such
violation, or charged with enforcing or
implementing the statute, rule,
regulation, or order issued pursuant
thereto, at the initiative of VA.
3. The name and address of a veteran,
which is relevant to a suspected
violation or reasonably imminent
violation of law, whether civil, criminal,
or regulatory in nature and whether
arising by general or program statute or
by regulation, rule, or order issued
pursuant thereto, may be disclosed to a
Federal agency charged with the
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responsibility of investigating or
prosecuting such violation, or charged
with enforcing or implementing the
statute, regulation, rule, or order issued
pursuant thereto, in response to its
official request, when that information
is for law enforcement investigation
purposes, and such request is in writing
and otherwise complies with subsection
(b)(7) of the Privacy Act.
4. The name and address of a veteran,
which is relevant to a suspected
violation or reasonably imminent
violation of law concerning public
health or safety, whether civil, criminal
or regulatory in nature and whether
arising by general or program statute or
by regulation, rule or order issued
pursuant thereto, may be disclosed to
any foreign, State, or local governmental
agency or instrumentality charged under
applicable law with the protection of
the public health or safety, if a qualified
representative of such organization,
agency or instrumentality has made a
written request that such name and
address be provided for a purpose
authorized by law, and, if the
information is sought for law
enforcement investigation purposes, and
the request otherwise complies with
subsection (b)(7) of the Privacy Act.
5. The name and address of a veteran
may be disclosed to any nonprofit
organization if the release is directly
connected with the conduct of programs
and the utilization of benefits under title
38 (such disclosures include
computerized lists of names and
addresses).
6. Any information in this system,
including name, address, Social
Security number, VA file number,
medical records, financial records, and
field examination reports of a VA
beneficiary, and the name, address, and
information regarding the activities of a
VA-appointed fiduciary or beneficiary
may be disclosed at the request of a VA
beneficiary or fiduciary to a Federal,
State, or local agency in order for VA to
obtain information relevant to a VA
decision concerning the payment and
usage of funds payable by VA on behalf
of a beneficiary, or to enable VA to
assist a beneficiary or VA-appointed
fiduciary in obtaining the maximum
amount of benefits for a VA beneficiary
from a Federal, State, or local agency.
7. Any information in this system,
including name, address, Social
Security number, VA file number,
medical records, financial records, and
field examination reports of a VA
beneficiary who is in receipt of VA and
SSA benefits concurrently, and the
name, address, and information
regarding the activities of a VAsupervised fiduciary may be disclosed
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to a representative of the SSA to the
extent necessary for the operation of a
VA program, or to the extent needed as
indicated by such representative.
8. The name and address of a VA
beneficiary, the VA rating that indicates
the beneficiary is unable to manage his
or her financial affairs, and the field
examination report upon which the
rating was based may be disclosed to a
Federal agency, upon its official request,
in order for that agency to make
decisions on such matters as
competency and dependency in
connection with eligibility for that
agency’s benefits. This information may
also be disclosed to a State or local
agency, upon its official request, in
order for that agency to make decisions
on such matters as competency and
dependency in connection with
eligibility for that agency’s benefits, if
the information pertains to a VA
beneficiary who is not a veteran, or if
the name and address of the veteran is
provided beforehand.
9. Any information in this system,
including medical records, financial
records, field examination reports,
correspondence and court documents
may be disclosed in the course of
presenting evidence to a court,
magistrate or administrative tribunal in
matters of guardianship, inquests and
commitments, and to probation and
parole officers in connection with court
required duties.
10. Only so much information,
including information in VA records
obtained from the SSA, and the name
and address of a VA beneficiary,
fiduciary, or other person under
investigation, as is necessary to obtain a
coherent and informed response may be
released to a third party who may have
information bearing on an issue under
VA investigation.
11. Any information in this system
may be disclosed to a VA-appointed
fiduciary in order for that fiduciary to
perform his or her duties, provided this
information will only be released when
the disclosure is for the benefit of the
beneficiary. Any information in this
system may also be disclosed to a
proposed fiduciary in order for the
fiduciary to make an informed decision
with regard to accepting fiduciary
responsibility for a VA beneficiary.
12. Any information in this system,
including medical records,
correspondence records, financial
records, field examination reports, and
court documents may be disclosed to an
attorney employed by the beneficiary, or
to a spouse, relative, next friend, or to
a guardian ad litem representing the
interests of the beneficiary, provided the
name and address of the beneficiary is
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given beforehand and the disclosure is
for the benefit of the beneficiary, and
the release is authorized by 38 U.S.C.
7332, if applicable. Records subject to
38 U.S.C. 7332 contain information on
medical treatment for drug abuse,
alcoholism, sickle cell anemia, and HIV.
13. Any information in this system
may be disclosed to the Department of
Justice and to U.S. Attorneys for
litigation involving the United States
and to Federal agencies upon their
official request in connection with
review of administrative tort claims
filed under the Federal Tort Claims Act,
28 U.S.C. 2672, as well as other claims.
14. Any information in this system
including available identifying
information regarding the debtor, such
as the name of the debtor, last known
address of the debtor, name of debtor’s
spouse, Social Security number, VA
insurance number, VA file number,
place of birth and date of birth of debtor,
name and address of debtor’s employer
or firm, and dates of employment may
be disclosed to other Federal agencies,
State probate courts, State driver’s
license bureaus, State automobile title
and license bureaus, and the General
Accounting Office in order to obtain
current address, locator, and credit
report assistance in the collection of
unpaid financial obligations owed the
United States. The purpose is consistent
with the Federal Claims Collection Act
of 1966 and 38 U.S.C. 5701(b)(6).
15. Any information in this system
relating to the adjudication of a VA
beneficiary’s ability to manage his or her
VA benefits, either by a court of
competent jurisdiction or by VA, may be
disclosed to a lender or prospective
lender participating in the VA Loan
Guaranty Program who is extending
credit or proposing to extend credit on
behalf of a veteran for VA to protect
veterans in this category from entering
into unsound financial transactions
which might deplete the resources of
the veteran and to protect the interest of
the Government giving credit assistance
to a veteran.
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
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its own 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. 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, regulation,
rule, or order.
19. 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.
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 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
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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 incapable of managing
his or her financial affairs under 38 CFR
3.353, may be provided to the Attorney
General of the United States or his/her
designee, for use by DoJ in the National
Instant Criminal Background Check
System mandated by the Brady
Handgun Violence Prevention Act,
Public Law 103–59.
22. The name, mailing address, and
any other information obtained by VA
pertaining to the qualification of an
individual seeking appointment as a VA
fiduciary may be released to the
beneficiary or his or her accredited
representative or court-appointed
guardian for the purpose of notifying the
beneficiary of the reasons for selection
or non-selection of the individual.
23. The name, mailing address, and
any other information obtained by VA
pertaining to the allegation,
investigation, determination of misuse
by a fiduciary, or determination of
negligence on the part of VA may be
released to the beneficiary or his or her
accredited representative or courtappointed guardian for the purpose of
notifying the beneficiary of the reasons
for VA’s decision regarding misuse.
POLICIES AND PRACTICES FOR STORING,
RETRIEVING, ACCESSING, RETAINING, AND
DISPOSING OF RECORDS IN THE SYSTEM:
STORAGE:
VA electronically maintains fiduciary
program beneficiary and fiduciary
information in electronic fiduciary
folders in BFFS at the VA Data
Processing Center in Austin, Texas.
Non-fiduciary program investigations
and related information are maintained
on paper documents and stored at the
fiduciary hubs and at VA Central Office.
Records (or information contained in
records) are also maintained in
electronic file folders (e.g., Virtual VA).
Such information may be accessed
through data telecommunication
terminal systems designated for 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,
Veterans Integrated Service Networks,
Department of Defense Finance and
Accounting Service Centers, and the
U.S. Coast Guard Pay and Personnel
Center. Remote online access is also
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made available to authorized remote
sites and claimants’ representatives, to
include VA-accredited representatives
of VA-recognized veterans service
organizations, and VA-accredited
attorneys and claims agents. 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 to have access to the
claimant’s automated claims records.
Representatives may use the access
solely for the purpose of assisting an
individual claimant whose records are
accessed in a claim for benefits
administered by VA. Information
relating to receivable accounts owed to
VA, designated the Centralized
Accounts Receivable System (CARS), is
maintained on magnetic tape,
microfiche and microfilm. CARS is
accessed through a data
telecommunications terminal system at
St. Paul, Minnesota.
RETRIEVABILITY:
Paper documents and automated
storage media are indexed by name and
file number of VA beneficiary or other
individual.
SAFEGUARDS:
1. Historical individual case folder
and computer lists are generally kept in
steel cabinets when not in use. The
cabinets are located in areas which are
locked after work hours. Access to these
records is restricted to authorized VA
personnel on a ‘‘need to know’’ basis.
2. Access to the computer rooms
within the regional office with
jurisdiction over fiduciary hubs is
generally limited by appropriate locking
devices and restricted to authorized VA
employees and vendor personnel.
Automatic 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 BFFS may
be accessed by authorized VA
employees. Access to file information is
controlled at two levels; the system
recognizes authorized employees by a
series of individually unique
passwords/codes, and the employees are
limited to only the information in the
file which is needed in the performance
of their official duties.
3. Access to the VA data processing
center is generally restricted to center
employees, custodial personnel, Federal
Protective Service, and other security
personnel. Access to the computer
rooms is restricted to authorized
operational personnel through
electronic locking devices. All other
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persons gaining access to the computer
rooms are escorted.
4. Access to records in VA Central
Office is only authorized to VA
personnel on a ‘‘need to know’’ basis.
Records are maintained in manned
rooms during working hours. During
non-working hours, there is limited
access to the building with visitor
control by security personnel.
RETENTION AND DISPOSAL:
Paper documents received are
scanned into VA’s electronic document
repository and subsequently destroyed
after 90 days. Electronic records are not
purged.
SYSTEM MANAGER(S) AND ADDRESS
Director, Pension and Fiduciary
Service (21PF), VA Central Office,
Washington, DC 20420.
NOTIFICATION PROCEDURE:
Any individual who wishes to
determine whether a record is being
maintained in this system under his or
her name or other personal identifier, or
wants to determine the content of such
records, should submit a written request
or apply in person to the nearest VA
regional office or center. Addresses for
VA regional offices and centers may be
found in VA Appendix 1. All inquiries
must reasonably identify the type of
records involved, e.g., fiduciary file.
Inquiries should include the
individual’s full name, VA file number,
and return address. If a VA file number
is not available, then as much of the
following information as possible
should be forwarded: Full name, branch
of service, dates of service, service
numbers, Social Security number, and
date of birth.
records in this system may write, call,
or visit the nearest VA regional office or
center.
CONTESTING RECORD PROCEDURE:
See records access procedures above.
RECORD SOURCE CATEGORIES:
VA beneficiary, VA beneficiary’s
dependents, VA-appointed fiduciaries,
individuals who were previously VAappointed fiduciaries, individuals who
VA considered for service as a VAappointed fiduciary but did not select,
field examiners, legal instrument
examiners, fiduciary program personnel,
third parties, other Federal, State, and
local agencies, and VA records.
Appendix 1: VA Regional Offices With
Fiduciary Activity
Please send address and telephone
number corrections to: Department of
Veterans Affairs, Pension and Fiduciary
Service (21PF), 810 Vermont Avenue
NW., Washington, DC 20420.
Columbia Fiduciary Hub
Jurisdiction for Florida, Georgia, North
Carolina, South Carolina
Office/Mail: 6437 Garners Ferry Road,
Columbia, SC 29209
Phone: 1–888–407–0144; press #1
Indianapolis Fiduciary Hub
Jurisdiction for Asia, Australia, Canada,
Connecticut, Delaware, Europe,
Indiana, Maine, Maryland,
Massachusetts, Michigan, New
Hampshire, New Jersey, New York,
Ohio, Pennsylvania, Rhode Island,
Vermont
Office/Mail: 575 North Pennsylvania
Street, Indianapolis, IN 46204
Phone: 1–888–407–0144; press #2
Lincoln Fiduciary Hub
Individuals seeking information
regarding access to or contesting VA
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RECORD ACCESS PROCEDURE:
Jurisdiction for Central America,
Kansas, Mexico, Nebraska, North
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Dakota, Oklahoma, South America,
South Dakota, Texas
Office: 3800 Village Drive, Lincoln, NE
68501
Mail: P.O. Box 5444, Lincoln, NE 68505
Phone: 1–888–407–0144; press #3
Louisville Fiduciary Hub
Jurisdiction for Alabama, Kentucky,
Mississippi, Tennessee, Puerto Rico,
Virginia, Washington, DC, West
Virginia
Office: 321 West Main Street, Suite 390,
Louisville, KY 40202
Mail: P.O. Box 3487, Louisville, KY
40201
Phone: 1–888–407–0144; press #4
Manila Regional Office
Jurisdiction for Philippines
Office: U.S. Embassy, 1501 Roxas
Boulevard, Pasay City, Philippines,
1302
Mail: PSC 501, DPO AP 96515
Milwaukee Fiduciary Hub
Jurisdiction for Arkansas, Illinois, Iowa,
Louisiana, Minnesota, Missouri,
Wisconsin
Office: 5400 West National Avenue,
Milwaukee, WI 53214
Mail: P.O. Box 14975, Milwaukee, WI
53214
Phone: 1–888–407–0144; press #5
Salt Lake City Fiduciary Hub
Jurisdiction for Alaska, Arizona,
California, Colorado, Hawaii, Idaho,
Montana, New Mexico, Nevada,
Oregon, Utah, Washington, Wyoming
Office: 500 Foothill Drive, Salt Lake
City, UT 84158
Mail: P.O. Box 58086, Salt Lake City, UT
84158
Phone: 1–888–407–0144; press #6
[FR Doc. 2014–16810 Filed 7–16–14; 8:45 am]
BILLING CODE 8320–01–P
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Agencies
[Federal Register Volume 79, Number 137 (Thursday, July 17, 2014)]
[Notices]
[Pages 41744-41749]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2014-16810]
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DEPARTMENT OF VETERANS AFFAIRS
Privacy Act of 1974; System of Records
AGENCY: Department of Veterans Affairs.
ACTION: Notice of Amendment to System of Records.
-----------------------------------------------------------------------
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) is
amending a system of records in its inventory titled ``Supervised
Fiduciary/Beneficiary and General Investigative Records--VA'' (37VA27).
VA is amending the system of records by updating it to reflect current
program terminology, policies, and procedures, and revising the name,
purpose(s), system manager and address, categories of individuals,
types of information, 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 August 18, 2014. 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 of records will become effective on
August 18, 2014.
ADDRESSES: Written comments concerning this amended system of records
may be submitted through www.Regulations.gov; by mail or hand-delivery
to the Director, Regulation Policy and Management (02REG), Department
of Veterans Affairs, 810 Vermont Ave. NW., Room 1068, Washington, DC
20420; or by fax to (202) 273-9026. (This is not a toll free
[[Page 41745]]
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 8:00 a.m. and 4:30 p.m., Monday through
Friday (except holidays). Please call (202) 461-4902 for an
appointment. (This is not a toll free number.) In addition, during the
comment period, comments may be viewed online through the Federal
Docket Management System (FDMS) at www.Regulations.gov.
FOR FURTHER INFORMATION CONTACT: Mr. Chad Phillips, Program Analyst,
Pension and Fiduciary Service, Veterans Benefits Administration (VBA),
Department of Veterans Affairs, 810 Vermont Avenue NW., Washington, DC
20420, or chad.phillips@va.gov. Mr. Phillips may also be reached by
telephone at (202) 632-8863. (This is not a toll free number.)
SUPPLEMENTARY INFORMATION: This system of records contains guidelines
for the administration of benefits in regards to beneficiaries who have
been deemed unable to manage their financial affairs by VA or a court.
VA is amending this system of records to change the system name and
location, update storage methods, and add categories of individuals
covered by the system and categories of records maintained in the
system. VA is also amending the routine uses of records maintained in
the system, including the categories of users and the purposes of such
uses, as well as the record sources 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.
VA is changing the system's name to reflect our retirement of the
legacy system, Fiduciary Beneficiary System, and deployment of the
current system, Beneficiary Fiduciary Field System. VA is also updating
the location of the system to reflect the Veterans Benefits
Administration's consolidation of fiduciary work from 56 regional
offices to 6 fiduciary hubs. Further, VA is revising the storage method
for records to highlight the transfer of program documentation from
paper records stored at individual regional offices to electronic
records stored in a repository.
VA is amending the categories of individuals covered by the system,
to clarify that the system pertains to records regarding current,
former, and prospective VA-appointed fiduciaries. VA is also adding a
category for those individuals designated as a beneficiary's preference
for appointment by VA, regardless of whether VA is able to appoint the
individual.
VA is amending the categories of records in the system to update
the language used to describe the categories and records consistent
with current fiduciary program policies and procedures. The amendments
add category numbers 7 and 8, which pertain, respectively, to
individuals who previously served as a VA fiduciary and individuals who
VA considered for appointment as a VA fiduciary but who were not
selected for service. Historical information regarding past fiduciaries
and their performance provides VA the ability to ensure that only the
best qualified fiduciaries serve our beneficiary population and that VA
does not appoint a fiduciary that VA had previously removed. Including
information related to the qualification and appointment of individuals
seeking to serve as fiduciary is also an important addition. It will
allow VA to share with beneficiaries, prospective fiduciaries, and
other qualified individuals the reasons for selection or non-selection
of an individual as fiduciary for a particular beneficiary.
VA is amending its routine uses to add a new number 22, which
authorizes disclosure of information to the beneficiary regarding VA's
reasons for selection or non-selection of an individual as fiduciary
for a beneficiary. An April 2011 court decision held that a beneficiary
may appeal VA's fiduciary appointment decisions to the Board of
Veterans' Appeals. Accordingly, VA must inform beneficiaries of the
reasons for its appointment decisions, to include, in some cases, the
reasons why VA decided not to appoint the individual designated by the
beneficiary as his or her preference. This information may include the
results of a criminal background check, credit history check, ability
to obtain a surety bond, or any other information regarding a
prospective fiduciary that is relevant to VA's best-interest
determination.
VA is further amending routine uses to add a new number 23. It
authorizes VA to disclose information about allegations,
investigations, and determinations of misuse by a fiduciary to a
beneficiary. VA intends to allow a beneficiary to appeal VA's decisions
regarding misuse to include the misuse determination, any request for
reconsideration submitted by the fiduciary, and negligence
determinations that affect the reissuance of benefits to the
beneficiary or his or her current fiduciary. This information could
include personal information about the fiduciary relevant to the
possible misuse of a beneficiary's funds.
VA is also expanding the record source categories to include
information from individuals who previously served as fiduciaries,
persons considered by VA for appointment as a fiduciary but who were
not selected, and additional categories of VA personnel. A correction
is also being made to reflect a VA position title change from ``estate
analyst'' to ``legal instruments examiner.''
These additions and amendments will greatly enhance VA's ability to
manage program records and, in turn, better meet the needs of this
beneficiary population.
Signing Authority
The Acting Secretary of Veterans Affairs, or designee, approved
this document and authorized the undersigned to sign and submit the
document to the Office of the Federal Register for publication
electronically as an official document of the Department of Veterans
Affairs. Jose D. Riojas, Chief of Staff, Department of Veteran Affairs,
approved this document on June 26, 2014, for publication.
Dated: July 14, 2014.
Robert C. McFetridge,
Director, Office of Regulation Policy and Management, Office of the
General Counsel, Department of Veterans Affairs.
37VA27
SYSTEM NAME:
Beneficiary Fiduciary Field System (BFFS)-VA.
SYSTEM LOCATION:
Records are maintained at the Department of Veterans Affairs (VA)
fiduciary hub that has jurisdiction over the geographical area in which
the VA beneficiary resides, and the Austin Data Processing Center in
Austin, Texas. The BFFS system and associated electronic records are
maintained at a private Federal hosting facility. Addresses of VA
fiduciary hubs and the Data Processing Center are listed in VA Appendix
1.
Documents and information pertaining to program issues and
categories of individuals covered by the system are stored in an
electronic record repository.
CATEGORIES OF INDIVIDUALS COVERED BY THE SYSTEM:
The following categories of individuals are covered by this system:
1. VA beneficiaries (i.e., a veteran or a non-veteran adult who
receives VA monetary benefits, lacks the mental capacity to manage his
or her own financial affairs regarding disbursement of funds without
limitation, and is
[[Page 41746]]
either rated incapable of managing his or her financial affairs or
adjudged to be under legal disability by a court of competent
jurisdiction; or a child who has not reached majority under State law
and receives VA monetary benefits).
2. Current, former, and prospective VA-appointed fiduciaries (i.e.,
a VA Federal fiduciary appointed by VA to serve as fiduciary of VA
monetary benefits for a VA beneficiary determined unable to manage his
or her financial affairs; or a person or legal entity appointed by a
State or foreign court to supervise the person and/or payee of a VA
beneficiary adjudged to be under a legal disability). The statutory
title of a court-appointed fiduciary may vary from State to State.
3. A chief officer of a hospital, domiciliary, institutional or
nursing home care facility where a beneficiary, who VA has determined
is unable to manage his or her financial affairs, is receiving care and
who has contracted to use the veteran's VA funds in a specific manner.
4. Supervised Direct Payment (SDP) (i.e., an adult beneficiary in
the fiduciary program who manages his or her VA benefits with limited
and temporary supervision based upon a field examination and subsequent
to determination by the hub manager pertaining to benefits eligibility
and other issues; or, to develop evidence for further investigations of
potential criminal issues).
5. Physicians named in treatment records and financial managers or
attorneys who help disperse funds for VA beneficiaries deemed unable to
manage those funds.
CATEGORIES OF RECORDS IN THE SYSTEM:
The records in the electronic fiduciary folder are the primary
records in this system. Social Security Administration (SSA) derived
records, as needed, are also contained in this system. These records
may contain the following types of information:
1. Field examination reports (i.e., VA Form 27-4716a or 27-3190,
Field Examination Request and Report, which contains a VA beneficiary's
name, address, Social Security number, VA file number, an assessment of
the beneficiary's ability to handle VA and non-VA funds, description of
family relationships, economic and social adjustment information,
information on the beneficiary's activities, and the name, address, and
assessment of the performance of a VA-appointed fiduciary).
2. Correspondence from and to a VA beneficiary, a VA-appointed
fiduciary, and other interested third parties.
3. Medical records (i.e., medical and social work reports generated
in VA, State, local, or private medical treatment facilities or private
physicians' offices indicating the medical history of a VA beneficiary,
including diagnosis, treatment and nature of any physical or mental
disability).
4. Financial records (e.g., accountings regarding a fiduciary's
management of a beneficiary's income, investments, and accumulated
funds, amount of monthly benefits received, amounts charged for fees by
the fiduciary, certificates of balance on accounts from financial
institutions, and withdrawal agreements between VA, financial
institutions, and the fiduciary).
5. Court documents (e.g., petitions, court orders, letters of
guardianship, inventories of assets, and depositions).
6. Agreements to serve as a VA Federal fiduciary.
7. Information pertaining to individuals, including companies and
other entities, who previously served as a VA-appointed fiduciary.
8. Information related to the qualification and appointment of
individuals, including companies and other entities, considered by VA
for appointment as a fiduciary.
9. Photographs of people (beneficiaries who VA has determined are
unable to manage their financial affairs, fiduciaries, and other
persons who are the subject of a VA investigation), places, and things.
10. Fingerprint records.
11. SSA records containing information about the type and amount of
SSA benefits paid to beneficiaries who are eligible to receive benefits
under both VA and SSA eligibility criteria, records containing
information developed by SSA about SSA beneficiaries who are in need of
representative payees, accountings provided to SSA, and records
containing information about SSA representative payees. Also contained
in this system are copies of non-fiduciary program investigation
records. These records are reports of field examinations or
investigations performed at the request of any organizational element
of VA about any subject under the jurisdiction of VA other than a
fiduciary issue. In addition to copies of the reports, records may
include copies of exhibits or attachments such as photographs of
people, places, and things; sworn statements; legal documents involving
loan guaranty transactions, bankruptcy, and debts owed to VA; accident
reports; birth, death, and divorce records; certification of search for
vital statistics documents; beneficiary's financial statements and tax
records; immigration information; and newspaper clippings.
AUTHORITY FOR MAINTENANCE OF THE SYSTEM:
Section 501(a), (b), and chapter 55 of Title 38, United States
Code.
PURPOSE(S):
This system will collect a limited amount of personally
identifiable information to provide authorized individuals access to or
interaction with VA. The information collected by the system will
include: Name, mailing address, Social Security number, medical record
information, and financial information. The system also enables VA to
maintain the name, mailing address, Social Security or tax
identification number, and credit and criminal histories of individuals
who are currently VA-appointed fiduciaries, who previously served as
VA-appointed fiduciaries, or who were considered for service as VA-
appointed fiduciaries, for the purpose of qualifying the individual for
service as a fiduciary and providing oversight of fiduciaries. See the
statutory provisions cited in ``Authority for maintenance of the
system.'' VA gathers or creates these records in order to enable it to
administer these statutory benefits programs.
ROUTINE USES OF RECORDS MAINTAINED IN THE SYSTEM, INCLUDING CATEGORIES
OF USERS AND THE PURPOSES OF SUCH USES:
1. The record of an individual who is covered by this system may be
disclosed to a member of Congress or staff person acting for the member
when the member or staff person requests the record on behalf of and at
the request of that individual.
2. Any information in this system, except for the name and address
of a veteran, which is relevant to a suspected violation or reasonably
imminent violation of law, whether civil, criminal, or regulatory in
nature and whether arising by general or program statute or by
regulation, rule, or order issued pursuant thereto, may be disclosed to
a Federal, State, local, or foreign agency charged with the
responsibility of investigating or prosecuting such violation, or
charged with enforcing or implementing the statute, rule, regulation,
or order issued pursuant thereto, at the initiative of VA.
3. The name and address of a veteran, which is relevant to a
suspected violation or reasonably imminent violation of law, whether
civil, criminal, or regulatory in nature and whether arising by general
or program statute or by regulation, rule, or order issued pursuant
thereto, may be disclosed to a Federal agency charged with the
[[Page 41747]]
responsibility of investigating or prosecuting such violation, or
charged with enforcing or implementing the statute, regulation, rule,
or order issued pursuant thereto, in response to its official request,
when that information is for law enforcement investigation purposes,
and such request is in writing and otherwise complies with subsection
(b)(7) of the Privacy Act.
4. The name and address of a veteran, which is relevant to a
suspected violation or reasonably imminent violation of law concerning
public health or safety, whether civil, criminal or regulatory in
nature and whether arising by general or program statute or by
regulation, rule or order issued pursuant thereto, may be disclosed to
any foreign, State, or local governmental agency or instrumentality
charged under applicable law with the protection of the public health
or safety, if a qualified representative of such organization, agency
or instrumentality has made a written request that such name and
address be provided for a purpose authorized by law, and, if the
information is sought for law enforcement investigation purposes, and
the request otherwise complies with subsection (b)(7) of the Privacy
Act.
5. The name and address of a veteran may be disclosed to any
nonprofit organization if the release is directly connected with the
conduct of programs and the utilization of benefits under title 38
(such disclosures include computerized lists of names and addresses).
6. Any information in this system, including name, address, Social
Security number, VA file number, medical records, financial records,
and field examination reports of a VA beneficiary, and the name,
address, and information regarding the activities of a VA-appointed
fiduciary or beneficiary may be disclosed at the request of a VA
beneficiary or fiduciary to a Federal, State, or local agency in order
for VA to obtain information relevant to a VA decision concerning the
payment and usage of funds payable by VA on behalf of a beneficiary, or
to enable VA to assist a beneficiary or VA-appointed fiduciary in
obtaining the maximum amount of benefits for a VA beneficiary from a
Federal, State, or local agency.
7. Any information in this system, including name, address, Social
Security number, VA file number, medical records, financial records,
and field examination reports of a VA beneficiary who is in receipt of
VA and SSA benefits concurrently, and the name, address, and
information regarding the activities of a VA-supervised fiduciary may
be disclosed to a representative of the SSA to the extent necessary for
the operation of a VA program, or to the extent needed as indicated by
such representative.
8. The name and address of a VA beneficiary, the VA rating that
indicates the beneficiary is unable to manage his or her financial
affairs, and the field examination report upon which the rating was
based may be disclosed to a Federal agency, upon its official request,
in order for that agency to make decisions on such matters as
competency and dependency in connection with eligibility for that
agency's benefits. This information may also be disclosed to a State or
local agency, upon its official request, in order for that agency to
make decisions on such matters as competency and dependency in
connection with eligibility for that agency's benefits, if the
information pertains to a VA beneficiary who is not a veteran, or if
the name and address of the veteran is provided beforehand.
9. Any information in this system, including medical records,
financial records, field examination reports, correspondence and court
documents may be disclosed in the course of presenting evidence to a
court, magistrate or administrative tribunal in matters of
guardianship, inquests and commitments, and to probation and parole
officers in connection with court required duties.
10. Only so much information, including information in VA records
obtained from the SSA, and the name and address of a VA beneficiary,
fiduciary, or other person under investigation, as is necessary to
obtain a coherent and informed response may be released to a third
party who may have information bearing on an issue under VA
investigation.
11. Any information in this system may be disclosed to a VA-
appointed fiduciary in order for that fiduciary to perform his or her
duties, provided this information will only be released when the
disclosure is for the benefit of the beneficiary. Any information in
this system may also be disclosed to a proposed fiduciary in order for
the fiduciary to make an informed decision with regard to accepting
fiduciary responsibility for a VA beneficiary.
12. Any information in this system, including medical records,
correspondence records, financial records, field examination reports,
and court documents may be disclosed to an attorney employed by the
beneficiary, or to a spouse, relative, next friend, or to a guardian ad
litem representing the interests of the beneficiary, provided the name
and address of the beneficiary is given beforehand and the disclosure
is for the benefit of the beneficiary, and the release is authorized by
38 U.S.C. 7332, if applicable. Records subject to 38 U.S.C. 7332
contain information on medical treatment for drug abuse, alcoholism,
sickle cell anemia, and HIV.
13. Any information in this system may be disclosed to the
Department of Justice and to U.S. Attorneys for litigation involving
the United States and to Federal agencies upon their official request
in connection with review of administrative tort claims filed under the
Federal Tort Claims Act, 28 U.S.C. 2672, as well as other claims.
14. Any information in this system including available identifying
information regarding the debtor, such as the name of the debtor, last
known address of the debtor, name of debtor's spouse, Social Security
number, VA insurance number, VA file number, place of birth and date of
birth of debtor, name and address of debtor's employer or firm, and
dates of employment may be disclosed to other Federal agencies, State
probate courts, State driver's license bureaus, State automobile title
and license bureaus, and the General Accounting Office in order to
obtain current address, locator, and credit report assistance in the
collection of unpaid financial obligations owed the United States. The
purpose is consistent with the Federal Claims Collection Act of 1966
and 38 U.S.C. 5701(b)(6).
15. Any information in this system relating to the adjudication of
a VA beneficiary's ability to manage his or her VA benefits, either by
a court of competent jurisdiction or by VA, may be disclosed to a
lender or prospective lender participating in the VA Loan Guaranty
Program who is extending credit or proposing to extend credit on behalf
of a veteran for VA to protect veterans in this category from entering
into unsound financial transactions which might deplete the resources
of the veteran and to protect the interest of the Government giving
credit assistance to a veteran.
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
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its own 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. 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, regulation, rule, or order.
19. 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.
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 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 incapable of managing his or her financial
affairs under 38 CFR 3.353, may be provided to the Attorney General of
the United States or his/her designee, for use by DoJ in the National
Instant Criminal Background Check System mandated by the Brady Handgun
Violence Prevention Act, Public Law 103-59.
22. The name, mailing address, and any other information obtained
by VA pertaining to the qualification of an individual seeking
appointment as a VA fiduciary may be released to the beneficiary or his
or her accredited representative or court-appointed guardian for the
purpose of notifying the beneficiary of the reasons for selection or
non-selection of the individual.
23. The name, mailing address, and any other information obtained
by VA pertaining to the allegation, investigation, determination of
misuse by a fiduciary, or determination of negligence on the part of VA
may be released to the beneficiary or his or her accredited
representative or court-appointed guardian for the purpose of notifying
the beneficiary of the reasons for VA's decision regarding misuse.
POLICIES AND PRACTICES FOR STORING, RETRIEVING, ACCESSING, RETAINING,
AND DISPOSING OF RECORDS IN THE SYSTEM:
STORAGE:
VA electronically maintains fiduciary program beneficiary and
fiduciary information in electronic fiduciary folders in BFFS at the VA
Data Processing Center in Austin, Texas. Non-fiduciary program
investigations and related information are maintained on paper
documents and stored at the fiduciary hubs and at VA Central Office.
Records (or information contained in records) are also maintained
in electronic file folders (e.g., Virtual VA). Such information may be
accessed through data telecommunication terminal systems designated for
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,
Veterans Integrated Service Networks, Department of Defense Finance and
Accounting Service Centers, and the U.S. Coast Guard Pay and Personnel
Center. Remote online access is also made available to authorized
remote sites and claimants' representatives, to include VA-accredited
representatives of VA-recognized veterans service organizations, and
VA-accredited attorneys and claims agents. 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 to have
access to the claimant's automated claims records. Representatives may
use the access solely for the purpose of assisting an individual
claimant whose records are accessed in a claim for benefits
administered by VA. Information relating to receivable accounts owed to
VA, designated the Centralized Accounts Receivable System (CARS), is
maintained on magnetic tape, microfiche and microfilm. CARS is accessed
through a data telecommunications terminal system at St. Paul,
Minnesota.
RETRIEVABILITY:
Paper documents and automated storage media are indexed by name and
file number of VA beneficiary or other individual.
SAFEGUARDS:
1. Historical individual case folder and computer lists are
generally kept in steel cabinets when not in use. The cabinets are
located in areas which are locked after work hours. Access to these
records is restricted to authorized VA personnel on a ``need to know''
basis.
2. Access to the computer rooms within the regional office with
jurisdiction over fiduciary hubs is generally limited by appropriate
locking devices and restricted to authorized VA employees and vendor
personnel. Automatic 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 BFFS may be accessed by
authorized VA employees. Access to file information is controlled at
two levels; the system recognizes authorized employees by a series of
individually unique passwords/codes, and the employees are limited to
only the information in the file which is needed in the performance of
their official duties.
3. Access to the VA data processing center is generally restricted
to center employees, custodial personnel, Federal Protective Service,
and other security personnel. Access to the computer rooms is
restricted to authorized operational personnel through electronic
locking devices. All other
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persons gaining access to the computer rooms are escorted.
4. Access to records in VA Central Office is only authorized to VA
personnel on a ``need to know'' basis. Records are maintained in manned
rooms during working hours. During non-working hours, there is limited
access to the building with visitor control by security personnel.
RETENTION AND DISPOSAL:
Paper documents received are scanned into VA's electronic document
repository and subsequently destroyed after 90 days. Electronic records
are not purged.
SYSTEM MANAGER(S) AND ADDRESS
Director, Pension and Fiduciary Service (21PF), VA Central Office,
Washington, DC 20420.
NOTIFICATION PROCEDURE:
Any individual who wishes to determine whether a record is being
maintained in this system under his or her name or other personal
identifier, or wants to determine the content of such records, should
submit a written request or apply in person to the nearest VA regional
office or center. Addresses for VA regional offices and centers may be
found in VA Appendix 1. All inquiries must reasonably identify the type
of records involved, e.g., fiduciary file. Inquiries should include the
individual's full name, VA file number, and return address. If a VA
file number is not available, then as much of the following information
as possible should be forwarded: Full name, branch of service, dates of
service, service numbers, Social Security number, and date of birth.
RECORD ACCESS PROCEDURE:
Individuals seeking information regarding access to or contesting
VA records in this system may write, call, or visit the nearest VA
regional office or center.
CONTESTING RECORD PROCEDURE:
See records access procedures above.
RECORD SOURCE CATEGORIES:
VA beneficiary, VA beneficiary's dependents, VA-appointed
fiduciaries, individuals who were previously VA-appointed fiduciaries,
individuals who VA considered for service as a VA-appointed fiduciary
but did not select, field examiners, legal instrument examiners,
fiduciary program personnel, third parties, other Federal, State, and
local agencies, and VA records.
Appendix 1: VA Regional Offices With Fiduciary Activity
Please send address and telephone number corrections to: Department
of Veterans Affairs, Pension and Fiduciary Service (21PF), 810 Vermont
Avenue NW., Washington, DC 20420.
Columbia Fiduciary Hub
Jurisdiction for Florida, Georgia, North Carolina, South Carolina
Office/Mail: 6437 Garners Ferry Road, Columbia, SC 29209
Phone: 1-888-407-0144; press 1
Indianapolis Fiduciary Hub
Jurisdiction for Asia, Australia, Canada, Connecticut, Delaware,
Europe, Indiana, Maine, Maryland, Massachusetts, Michigan, New
Hampshire, New Jersey, New York, Ohio, Pennsylvania, Rhode Island,
Vermont
Office/Mail: 575 North Pennsylvania Street, Indianapolis, IN 46204
Phone: 1-888-407-0144; press 2
Lincoln Fiduciary Hub
Jurisdiction for Central America, Kansas, Mexico, Nebraska, North
Dakota, Oklahoma, South America, South Dakota, Texas
Office: 3800 Village Drive, Lincoln, NE 68501
Mail: P.O. Box 5444, Lincoln, NE 68505
Phone: 1-888-407-0144; press 3
Louisville Fiduciary Hub
Jurisdiction for Alabama, Kentucky, Mississippi, Tennessee, Puerto
Rico, Virginia, Washington, DC, West Virginia
Office: 321 West Main Street, Suite 390, Louisville, KY 40202
Mail: P.O. Box 3487, Louisville, KY 40201
Phone: 1-888-407-0144; press 4
Manila Regional Office
Jurisdiction for Philippines
Office: U.S. Embassy, 1501 Roxas Boulevard, Pasay City, Philippines,
1302
Mail: PSC 501, DPO AP 96515
Milwaukee Fiduciary Hub
Jurisdiction for Arkansas, Illinois, Iowa, Louisiana, Minnesota,
Missouri, Wisconsin
Office: 5400 West National Avenue, Milwaukee, WI 53214
Mail: P.O. Box 14975, Milwaukee, WI 53214
Phone: 1-888-407-0144; press 5
Salt Lake City Fiduciary Hub
Jurisdiction for Alaska, Arizona, California, Colorado, Hawaii, Idaho,
Montana, New Mexico, Nevada, Oregon, Utah, Washington, Wyoming
Office: 500 Foothill Drive, Salt Lake City, UT 84158
Mail: P.O. Box 58086, Salt Lake City, UT 84158
Phone: 1-888-407-0144; press 6
[FR Doc. 2014-16810 Filed 7-16-14; 8:45 am]
BILLING CODE 8320-01-P