Privacy Act of 1974; System of Records, 44407-44414 [2018-18789]

Agencies

• DEPARTMENT OF VETERANS AFFAIRS

[Federal Register Volume 83, Number 169 (Thursday, August 30, 2018)]
[Notices]
[Pages 44407-44414]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2018-18789]


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DEPARTMENT OF VETERANS AFFAIRS


Privacy Act of 1974; System of Records

AGENCY: Department of Veterans Affairs (VA).

ACTION: Notice of modified system of records.

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SUMMARY: As required by the Privacy Act of 1974, the Department of 
Veterans Affairs (VA) is giving notice that VA is fully republishing an 
update of the system of records entitled ``Veterans and Uniformed 
Services Personnel Programs of U.S. Government Life Insurance--VA 
(36VA29)''

DATES: Comments on this modified system of records must be received no 
later than 30 days after date of publication in the Federal Register. 
If no public comment is received during the period allowed for comment 
or unless otherwise published in the Federal Register by VA, the 
modified system of records will become effective a minimum of 30 days 
after date of publication in the Federal Register. If VA receives 
public comments, VA shall review the comments to determine whether any 
changes to the notice are necessary.

ADDRESSES: Written comments may be submitted through 
www.Regulations.gov; by mail or hand-delivery to Director, Regulation 
Policy and Management (00REG), Department of Veterans Affairs, 810 
Vermont Ave. NW, Room 1064, Washington, DC 20420; or by fax to (202) 
273-9026 (not a toll-free number). Comments should indicate that they 
are submitted in response to ``SORN (36VA29)''. Copies of comments 
received will be available for public inspection in the Office of 
Regulation Policy and Management, Room 1063B, between the hours of 8:00 
a.m. and 4:30 p.m., Monday through Friday (except holidays). Please 
call (202) 461-4902 for an appointment. (This is not a toll-free 
number.) In addition, comments may be viewed online at 
www.Regulations.gov.

FOR FURTHER INFORMATION CONTACT: Monica Keitt, Chief Privacy Officer, 
VA Insurance Service, Department of Veterans Affairs Insurance Center, 
5000 Wissahickon Avenue, Philadelphia, PA 19144, (215) 842-2000, Ext. 
2905.

SUPPLEMENTARY INFORMATION: The Department is republishing, in full, the 
System of Records Notice (SORN) 36VA29 that was last published on 
October 22, 2010. This republication provides a number of 
nonsignificant edits added for clarity and brevity, such as minor 
updates involving the locations and references of the mailing addresses 
for both onsite and offsite records storage sites, corrected office 
designations for VA Insurance Center's Director, amendment of website 
terminology that reflects more accurate nomenclature for access, and 
includes references to the amended title of the vendor that provides 
telecommunication services to the Veterans Insurance Phone Section 
(VIPS). This nonsignificant alteration also eliminates references to 
the amendments made in the revised and consolidated SORN 36VA29 of 
October 22, 2010.
    This amendment also provides for a number of modifications for 
routine uses that include text changes and additions that are 
considered to be a significant amendment based on VA requirements. The 
following are the changes made to the routine uses for SORN 36VA29.
    The language of routine use number one, which states, ``The record 
of an individual who is covered by a system of records may be disclosed 
to a Member of Congress, or a staff person acting for the Member, when 
the Member or staff person requests the record on behalf of, and at the 
written request of, the individual'', has been amended to state, ``VA 
may disclose information from the record of an individual in response 
to an inquiry from the congressional office made at the request of that 
individual.'' VA must be able to provide information about individuals 
to adequately respond to inquiries from Members of Congress at the 
request of constituents who have sought their assistance. This change 
to routine use number one is not a new routine use but is amended to 
reflect the current language used for the release of information to 
members of Congress.
    The language of former routine use number seven, which is now 
designated as routine use number two, reads, ``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) the Department 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 economic or property interests, identity theft or fraud, or 
harm to the security, confidentiality, or integrity of this system or 
other systems or programs (whether maintained by the Department 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 Department's efforts to respond to the suspected or confirmed 
compromise and prevent, minimize, or remedy such harm. This routine use 
permits disclosures by the Department to respond to a suspected or 
confirmed data breach, including the conduct of any risk analysis or 
provision of credit protection services as provided in 38 U.S.C. 5724, 
as the terms are defined in 38 U.S.C 5727'', has been amended to read, 
``VA may, on its own initiative, disclose information from this system 
to appropriate agencies, entities, and persons when (1) VA suspects or 
has confirmed that there has been a breach of the system of records; 
(2) VA has determined that as a result of the suspected or confirmed 
breach there is a risk of harm to individuals, VA (including its 
information systems, programs, and operations), the Federal Government, 
or national security; and the disclosure made to such agencies, 
entities, and persons is reasonably necessary to assist in connection 
with VA's efforts to respond to the suspected or confirmed breach or to 
prevent, minimize, or remedy such harm.''.
    This change to former routine use number seven, which is now 
designated as routine use number two, is not a new routine use. This 
routine use permits disclosures by the Department to respond to a 
suspected or confirmed data breach, including the conduct of any risk 
analysis or provision of credit protection services as provided in 38 
U.S.C. 5724.''
    a. Effective Response. A Federal agency's ability to respond 
quickly and effectively, in the event of a breach of Federal data, is 
critical to its efforts to prevent or minimize any consequent

[[Page 44408]]

harm. An effective response necessitates disclosure of information 
regarding the breach to those individuals affected by it, as well as to 
persons and entities in a position to cooperate, either by assisting in 
notification to affected individuals or by playing a role in preventing 
or minimizing harm from the breach.
    b. Disclosure of Information. Often, the information to be 
disclosed to such persons and entities is maintained by Federal 
agencies and is subject to the Privacy Act (5 U.S.C. 552a). The Privacy 
Act prohibits the disclosure of any record in a system of records by 
any means of communication to any person or agency absent the written 
consent of the subject individual, unless the disclosure falls within 
one of twelve statutory exceptions. In order to ensure an agency is in 
the best position to respond in a timely and effective manner, in 
accordance with 5 U.S.C. 552a(b)(3) of the Privacy Act, agencies shall 
publish a routine use for appropriate systems specifically applying to 
the disclosure of information in connection with response and remedial 
efforts, in the event of a data breach.
    The edits made to former routine use number seven, which is now 
designated as routine use number two, merely reflects the current 
language used for the release of information related to a data 
breach(es) and the related remedial efforts.
    A new routine use, designated as routine use number three, has been 
added to address VA sharing information with another Federal agency or 
entity when data breach responses and remedial efforts with another 
Federal agency or entity are required because of a breach in this VA 
system. The disclosure is required because the breach may affect the 
other agency's responses and/or remedial efforts related to data 
breach. This routine use allows VA to work with another Federal agency 
in responding to and taking remedial actions in response to the breach.
    The language of former routine use number five, which is now 
designated as routine use number four, states, ``VA may, on its own 
initiative, disclose information in this system, except the names and 
home addresses of veterans and their dependents, which is relevant to a 
suspected or reasonably imminent violation of law, whether civil, 
criminal or regulatory in nature and whether arising by general or 
program statute or by regulation, rule or order issued pursuant 
thereto, to a Federal, State, local, tribal, or foreign agency charged 
with the responsibility of investigating or prosecuting such violation, 
or charged with enforcing or implementing the statute, regulation, rule 
or order. On its own initiative, VA may also disclose the names and 
addresses of veterans and their dependents to a Federal agency charged 
with the responsibility of investigating or prosecuting civil, criminal 
or regulatory violations of law, or charged with enforcing or 
implementing the statute, regulation, rule or order issued pursuant 
thereto.'' has been amended to State, ``VA may, on its own initiative, 
disclose information in this system, except the names and home 
addresses of veterans and their dependents, which is relevant to a 
suspected or reasonably imminent violation of law, whether civil, 
criminal, or regulatory in nature and whether arising by general or 
program statute or by regulation, rule, or order issued pursuant 
thereto, to a Federal, State, local, tribal, or foreign agency charged 
with the responsibility of investigating or prosecuting such violation, 
or charged with enforcing or implementing the statute, regulation, 
rule, or order. On its own initiative, VA may also disclose the names 
and addresses of veterans and their dependents to a Federal agency 
charged with the responsibility of investigating or prosecuting civil, 
criminal, or regulatory violations of law, or charged with enforcing or 
implementing the statute, regulation, rule, or order issued pursuant 
thereto.''
    VA must be able to provide, on its own initiative, information that 
pertains to a violation of laws to law enforcement authorities in order 
for them to investigate and enforce those laws. Under 38 U.S.C. 5701(a) 
and (f), VA may only disclose the names and addresses of veterans and 
their dependents to Federal entities with law enforcement 
responsibilities. This is distinct from the authority to disclose 
records in response to a qualifying request from a law enforcement 
entity, as authorized by Privacy Act subsection 5 U.S.C. 552a(b)(7).
    This change to former routine use number five, which is now 
designated as routine use number four, is not a new routine use but is 
amended to reflect the current language used for the release of 
information to law enforcement authorities.
    The language of former routine use number three, which now is 
designated as routine use number five, states, ``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, 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, prior 
to each disclosure, the agency also determines 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 them. VA, on 
its own initiative, may disclose records in legal proceedings before a 
court or administrative body after determining that the disclosure of 
the 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 them.'', has been replaced with the 
following language that states, ``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 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 the 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.''
    To determine whether to disclose records under this routine use, VA 
will comply with the guidance promulgated by the Office of Management 
and Budget in a May 24, 1985, memorandum entitled ``Privacy Act 
Guidance--Update,'' currently posted at https://www.whitehouse.gov/omb/inforeg/guidance1985.pdf.
    VA must be able to provide information to DoJ in litigation where 
the United States or any of its components is involved or has an 
interest. A determination would be made in each instance that under the 
circumstances involved, the purpose is compatible with the purpose for 
which VA collected the information. This routine use is distinct from 
the authority to disclose records in response to a court order under 
subsection (b)(11) of the Privacy Act, 5 U.S.C. 552(b)(11), or any 
other provision of subsection (b), in accordance with the court's 
analysis in Doe v. DiGenova, 779 F.2d 74, 78-85

[[Page 44409]]

(D.C. Cir. 1985) and Doe v. Stephens, 851 F.2d 1457, 1465-67 (D.C. Cir. 
1988).
    This change to the former routine use number three, which is now 
routine use number five, is not a new routine use but is amended to 
reflect the current language used for the release of information to 
DoJ.
    The language of former routine use number four, which is now 
routine use number six, that reads '' VA may disclose information from 
this system of records to individuals, organizations, private or public 
agencies, or other entities or individuals with whom VA has a contract 
or agreement to perform such services as VA may deem practicable for 
the purposes of laws administered by VA, in order for the contractor, 
subcontractor, public or private agency, or other entity or individual 
with whom VA has a contract or agreement to perform services under the 
contract or agreement.'' has been amended to read, ``VA may disclose 
information from this system of records to individuals, organizations, 
private or public agencies, or other entities or individuals with whom 
VA has a contract or agreement to perform such services as VA may deem 
practicable for the purposes of laws administered by VA, in order for 
the contractor, subcontractor, public or private agency, or other 
entity or individual with whom VA has a contract or agreement to 
perform services under the contract or agreement.''
    This routine use includes disclosures by an individual or entity 
performing services for VA to any secondary entity or individual to 
perform an activity that is necessary for individuals, organizations, 
private or public agencies, or other entities or individuals with whom 
VA has a contract or agreement to provide the service to VA. This 
routine use, which also applies to agreements that do not qualify as 
contracts defined by Federal procurement laws and regulations, is 
consistent with OMB guidance in OMB Circular A-130, App. I, paragraph 
5a(1)(b) that agencies promulgate routine uses to address disclosure of 
Privacy Act-protected information to contractors in order to perform 
the services contracts for the agency. This change to the former 
routine use number four, which is now routine use number six, is not a 
new routine use but is amended to reflect the current language used for 
the release of information to contractors.
    New routine uses numbers seven, eight, and nine have been added to 
address disclosures to the Equal Employment Opportunity Commission 
(EEOC), the Federal Labor Relations Authority (FLRA), and the Merit 
Systems Protection Board (MSPB) to meet the language requirements of 
OMB regarding releases of information by Federal agencies.
    The new routine use number seven, permits the release of 
information to the Equal Employment Opportunity Commission (EEOC) and 
will state, ``VA may disclose information from this system to the EEOC 
when requested in connection with investigations of alleged or possible 
discriminatory practices, examination of Federal affirmative employment 
programs, or other functions of the Commission as authorized by law or 
regulation.''
    VA must be able to provide information to EEOC to assist it in 
fulfilling its duties to protect employees' rights, as required by 
statute and regulation.
    The new routine use number eight, permits the release of 
information to the Federal Labor Relations Authority (FLRA) and will 
state, ``VA may disclose information from this system to the FLRA, 
including its General Counsel, information related to the establishment 
of jurisdiction, investigation, and resolution of allegations of unfair 
labor practices, or in connection with the resolution of exceptions to 
arbitration awards when a question of material fact is raised; for it 
to address matters properly before the Federal Service Impasses Panel, 
investigate representation petitions, and conduct or supervise 
representation elections.'' VA must be able to provide information to 
FLRA to comply with the statutory mandate under which it operates.
    The new routine use number nine, permits the release of information 
to the Merit Systems Protection Board (MSPB) and will state, ``VA may 
disclose information from this system to the MSPB, or the Office of the 
Special Counsel, when requested in connection with appeals, special 
studies of the civil service and other merit systems, review of rules 
and regulations, investigation of alleged or possible prohibited 
personnel practices, and such other functions promulgated in 5 U.S.C. 
1205 and 1206, or as authorized by law.'' VA must be able to provide 
information to MSPB to assist it in fulfilling its duties as required 
by statute and regulation.
    The language of former routine use number two, which is now 
designated as routine use number ten, states ``Disclosure may be made 
to the National Archives and Records Administration (NARA) and the 
General Services Administration in records management inspections 
conducted under authority of title 44 U.S.C.'' will be changed to ``VA 
may disclose information from this system to the National Archives and 
Records Administration (NARA) and General Services Administration (GSA) 
in records management inspections conducted under title 44, U.S.C..'' 
This amendment does not change routine use. NARA is responsible for 
archiving old records, which are no longer actively used but may be 
appropriate for preservation, and for the physical maintenance of the 
Federal government's records. VA must be able to provide the records to 
NARA in order to determine the proper disposition of such records. This 
change to the former routine use number two, which is now number ten, 
is not a new routine use but is amended to reflect the current language 
used to release information to NARA and GSA.

Signing Authority

    The Senior Agency Official for Privacy, or designee, approved this 
document and authorized the undersigned to sign and submit the document 
to the Office of the Federal Register for publication electronically as 
an official document of the Department of Veterans Affairs. John Buck, 
Director of the Office of Privacy, Information and Identity Protection, 
Department of Veterans Affairs approved this document on June 5, 2018 
for publication.

    Dated: August 24, 2018.
Kathleen M. Manwell,
Program Analyst, VA Privacy Service, Office of Privacy, Information and 
Identity Protection, Quality, Privacy and Risk, Office of Information 
and Technology, Department of Veterans Affairs.
SYSTEM NAME AND NUMBER
    ``Veterans and Uniformed Services Personnel Programs of U.S. 
Government Life Insurance--VA'' (36VA29)

SECURITY CLASSIFICATION:
    Information in this SORN is not classified information.

SYSTEM LOCATION:
    VA Insurance records are maintained as follows:
    1. Active Insurance records are located at the VA Insurance Center 
(VAIC) in Philadelphia, Pennsylvania. (Appendix I at the end of this 
document provides the complete address.)
    2. Inactive Insurance records are also located at the VAIC in 
Philadelphia, Pennsylvania. In addition, inactive records are stored at 
various servicing Federal archives and records centers in Northeast 
Philadelphia, Pennsylvania; Dayton, Ohio; Lee's Summit, Missouri;

[[Page 44410]]

Lenexa, Kansas; Chicago, Illinois; and Pittsfield, Massachusetts. (See 
Appendix I for the complete addresses.)
    3. Some pre-1968 records pertaining to beneficiaries of deceased 
veterans are located in local VA regional offices, in claim folders.
    4. Insurance file numbers, policies numbers, and folder locations 
are available to all VA regional offices through the Veterans Service 
Network (VETSNET).
    5. Back up computerized insurance records and automated data, 
maintained by the Philadelphia Information Technology Center 
(Philadelphia ITC), the primary computer-processing center, are stored 
by St. Paul Regional Benefit Office in St. Paul, Minnesota, and by Iron 
Mountain in Itasca, Illinois. (See Appendix I for the complete 
addresses of each location.)
    6. Records for the supervised programs of Government insurance are 
maintained by Prudential Insurance Company of America's Office of 
Servicemembers' Group Life Insurance (OSGLI) in Roseland, New Jersey. 
(See Appendix I for the address.)

SYSTEM MANAGER(S):
    Official responsible for policies and procedures; Director, VA 
Insurance Center, 5000 Wissahickon Avenue, Director's Office (29), 
Philadelphia, PA 19144. The phone number is (215) 381-3029.

AUTHORITY FOR MAINTENANCE OF THE SYSTEM:
    Title 38, United States Code (U.S.C.), chapter 5, section 501; and 
chapter 3, including sections 303 and 315. Title 38 U.S.C., chapter 19; 
chapter 21; and section 2106. Title 5 U.S.C. 5514.

PURPOSE(S) OF THE SYSTEM:
    VA gathers or creates these records to administer and supervise 
statutory Government life insurance programs for veterans, members of 
the uniformed services, and their spouses, surviving spouses, 
dependents, and beneficiaries who apply for them. See the statutory 
provisions cited in ``Authority for Maintenance of the System.''

CATEGORIES OF INDIVIDUALS COVERED BY THE SYSTEM:
    The following categories of individuals are covered by this system:
    1. Veterans (not including dependents) and members of the uniformed 
services (including dependents) who have applied for and/or have been 
issued Government life insurance.
    2. Beneficiaries of Government life insurance entitled to or in 
receipt of insurance proceeds.
    3. Attorneys drawing fees for helping to settle VA insurance 
claims.
    The individuals noted above are covered by this system based on 
applications, claims, and notices of eligibility for the following 
Government life insurance programs provided in 38 U.S.C. chapters 19 
and 21:
    1. U.S. Government Life Insurance (USGLI) under section 1942.
    2. National Service Life Insurance (NSLI) under section 1904.
    3. Veterans' Special Life Insurance (VSLI) under section 1923.
    4. Veterans' Reopened Insurance (VRI) under section 1925.
    5. Service-Disabled Veterans' Insurance (S-DVI) under sections 1922 
and 1922A.
    6. Veterans' Mortgage Life Insurance (VMLI) under section 2106.
    7. Servicemembers' Group Life Insurance (SGLI), including Family 
Servicemembers' Group Life Insurance (FSGLI), Veterans' Group Life 
Insurance (VGLI), and Servicemembers' Group Life Insurance Traumatic 
Injury Protection (TSGLI) under sections 1967 through 1980A.

CATEGORIES OF RECORDS IN THE SYSTEM:
    Life insurance records (or information contained in records) may 
consist of:
    1. Applications for insurance, including: (a) The name and address 
of the veteran or member of the uniformed services; (b) email address; 
(c) phone number; (d) correspondence to and from the veteran or member 
of the uniformed services or their legal representative; (d) date of 
birth; (e) social security number; (f) military service number; (g) 
dates of service; (h) military rank; (i) character of discharge; (j) VA 
file number; (k) plan or type of insurance; (l) disability rating; (m) 
medical information regarding disability and health history; (n) method 
of payment; (o) amount of insurance coverage requested; and (p) bank 
routing and account numbers.
    2. Applications for Veterans' Mortgage Life Insurance (VMLI), 
including: (a) Supporting mortgage documents; (b) address of the 
mortgaged property; (c) name and address of the mortgagor; (d) the 
mortgage account number; (e) the rate of interest; (f) the original 
amount of the mortgage; (g) the current amount of the mortgage; (h) the 
monthly payment amount; (i) the mortgage payment period; and (j) VA 
Specially Adapted Grant Card (which contains the veteran's or uniformed 
services member's name, address, dates of military service, branch of 
service, method of separation, whether the veteran or member of the 
uniformed services has VMLI, the name and address of the lender, the 
legal description and property address, improvements to such property, 
date applied for disability compensation, date of submission of the 
initial application, grant information, amount of the grant approved, 
or whether the grant was denied or canceled).
    3. Beneficiary and option designation information, including: (a) 
The names and addresses of principal and contingent beneficiaries; (b) 
beneficiary social security number; (c) share amount to each 
beneficiary; (d) the method of payment; and (e) the designated 
estate(s) and trust(s).
    4. Insurance contract information, including: (a) Authorization of 
allotment payment; (b) authorization for deduction from VA benefit 
payments; (c) authorization for deduction from military retired pay; 
(d) authorization for deduction from employee payroll; (e) paid 
dividend information; (f) claims for disability or death payments; (g) 
cash value, policy loan, and lien information; (h) a listing of lapsed 
actions and unpaid insurance proceeds; (i) payment vouchers; (j) 
reinstatement information; (k) premium records status, and retired 
status of the policy; (l) court-martial orders; (m) copies of personal 
papers of the insured, including birth certificate, marriage license, 
divorce decree, citizen or naturalization papers, death certificate, 
adoption decree, and family support documents; (n) correspondence to 
and from the veteran, member of the uniformed services, legal 
representative, or payee; (o) employment information; (p) returned 
check and check tracer information; (q) court documents; and (r) 
insurance death claims settlement information, including indebtedness, 
interest, and other credits.
    5. Records of checks withheld from delivery to certain foreign 
countries.
    6. Index of payees, including: (a) Central Office (CO) index cards; 
and (b) premium record cards.
    7. Disability Outreach Tracking System (DOTS) records stored in the 
Veterans Insurance Claims Tracking and Response System (VICTARS), 
including: (a) The veteran's or uniformed services member's name; (b) 
address; (c) phone number; (d) disability status; (e) social security 
number; (f) date of birth; and (g) list of dependents.
    8. Policy information and access history from the VA Insurance 
website self-service-portal stored in VICTARS, which includes: (a) The 
name of the insured; (b) file number; (c) policy number; (d) address; 
(e) phone number; (f) email address; (g) loan status (including loan 
amount requested, denied, or pending); (h) the date of request for 
information; (i) loan history;

[[Page 44411]]

(j) policy changes; (k) dividend option changes; and (l) website pages 
accessed.
    9. Information from the VA Insurance website which provides access 
to veterans for completion of an application for Service-Disabled 
Veterans Insurance (S-DVI), which includes: (a) The veteran's name; (b) 
address; (c) social security number; (d) date of birth; (e) phone 
number; (f) medical history; (g) email address; and (h) beneficiary 
information (such as the beneficiary's name, address, and social 
security number).
    10. Recordings of incoming calls using software created by NICE 
Ltd. (hereafter referred to as NICE). Insurance personnel in the 
Veterans Insurance Phone Section (VIPS) receive these calls from 
veterans, members of the uniformed services, beneficiaries, personal 
representatives, members of Congress and their staff, other interested 
parties, and stakeholders. (The recordings are maintained for quality 
assurance and training purposes only.)

RECORD SOURCE CATEGORIES:
    The veteran, member of the uniformed services, or someone acting on 
his/her behalf; the uniformed services, other Federal agencies, 
including the Department of Defense (DoD); Social Security 
Administration (SSA); U.S. Treasury Department; Office of 
Servicemembers' Group Life Insurance (OSGLI); State and local agencies; 
Federal, State, and local courts; VA records; VA and private 
physicians; VA and private medical facilities; accredited veterans 
service organizations and other organizations aiding veterans and 
members of the uniformed services; VA-approved claims agents; VA 
fiduciaries; court-appointed guardians/conservators, powers of 
attorney, and military trustees; financial institutions; beneficiaries; 
commercial insurance companies; undertakers; lending institutions 
holding a veteran's or uniformed services member's mortgage; VA Loan 
Guaranty; contractors remodeling, enlarging, or adding construction to 
existing homes; relatives and other interested persons; Westlaw and 
website-based research; Inquiry Routing & Information System (IRIS) 
(maintained under System of Records 151VA005OP6, by the Office of 
Information and Technology); and the general public.

ROUTINE USES OF RECORDS MAINTAINED IN THE SYSTEM, INCLUDING CATEGORIES 
OF USERS AND THE PURPOSES OF SUCH USES:
    1. VA may disclose information from the record of an individual in 
response to an inquiry from the congressional office made at the 
request of that individual.
    2. VA may, on its own initiative, disclose information from this 
system to appropriate agencies, entities, and persons when (1) VA 
suspects or has confirmed that there has been a breach of the system of 
records; (2) VA has determined that as a result of the suspected or 
confirmed breach there is a risk of harm to individuals, VA (including 
its information systems, programs, and operations), the Federal 
Government, or national security; and the disclosure made to such 
agencies, entities, and persons is reasonably necessary to assist in 
connection with VA's efforts to respond to the suspected or confirmed 
breach or to prevent, minimize, or remedy such harm.
    3. VA may disclose information from this system to another Federal 
agency or Federal entity, when VA determines that information from this 
system of records is reasonably necessary to assist the recipient 
agency or entity in (1) responding to a suspected or confirmed breach 
or (2) preventing, minimizing, or remedying the risk of harm to 
individuals, the recipient agency or entity (including its information 
systems, programs, and operations), the Federal Government, or national 
security, resulting from a suspected or confirmed breach.
    4. VA may, on its own initiative, disclose information in this 
system, except the names and home addresses of veterans and their 
dependents, which is relevant to a suspected or reasonably imminent 
violation of law, whether civil, criminal or regulatory in nature and 
whether arising by general or program statute or by regulation, rule or 
order issued pursuant thereto, to a Federal, state, local, tribal, or 
foreign agency charged with the responsibility of investigating or 
prosecuting such violation, or charged with enforcing or implementing 
the statute, regulation, rule or order. On its own initiative, VA may 
also disclose the names and addresses of veterans and their dependents 
to a Federal agency charged with the responsibility of investigating or 
prosecuting civil, criminal or regulatory violations of law, or charged 
with enforcing or implementing the statute, regulation, rule or order 
issued pursuant thereto.
    5. 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 the 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 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 the 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.
    6. VA may disclose information from this system of records to 
individuals, organizations, private or public agencies, or other 
entities or individuals with whom VA has a contract or agreement to 
perform such services as VA may deem practicable for the purposes of 
laws administered by VA, in order for the contractor, subcontractor, 
public or private agency, or other entity or individual with whom VA 
has a contract or agreement to perform services under the contract or 
agreement.
    7. VA may disclose information from this system to the EEOC when 
requested in connection with investigations of alleged or possible 
discriminatory practices, examination of Federal affirmative employment 
programs, or other functions of the Commission as authorized by law or 
regulation.
    8. VA may disclose information from this system to the FLRA, 
including its General Counsel, information related to the establishment 
of jurisdiction, investigation, and resolution of allegations of unfair 
labor practices, or in connection with the resolution of exceptions to 
arbitration awards when a question of material fact is raised; for it 
to address matters properly before the Federal Services Impasses Panel, 
investigate representation petitions, and conduct or supervise 
representation elections.
    9. VA may disclose information from this system to the MSPB, or the 
Office of the Special Counsel, when requested in connection with 
appeals, special studies of the civil service and other merit systems, 
review of rules and regulations, investigation of alleged or possible 
prohibited personnel practices, and such other functions promulgated in 
5 U.S.C. 1205 and 1206, or as authorized by law.
    10. VA may disclose information from this system to NARA and GSA in 
records management inspections conducted under title 44, U.S.C.
    11. Disclosure to other Federal agencies may be made to assist such

[[Page 44412]]

agencies in preventing and detecting possible fraud or abuse by 
individuals in their operations and programs.
    12. 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.
    13. 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 or member of the uniformed 
services, the name and/or address of the veteran or member of the 
uniformed services will not be disclosed unless the name and address is 
provided first by the requesting State or local agency.
    14. Any information in this system may be disclosed to a Federal, 
State or local agency maintaining civil or criminal violation records, 
or other pertinent information such as prior employment history, prior 
Federal employment background investigations, and personal or 
educational background, at the request of the veteran or member of the 
uniformed services, in order for VA to obtain information relevant to 
the hiring, transfer, or retention of an employee, the letting of a 
contract, the granting of a security clearance, or the issuance of a 
grant or other benefit.
    15. Any information in this system may be disclosed to a Federal 
agency, except for the name and address of a veteran or member of the 
uniformed services, in order for VA to obtain information relevant to 
the issuance of a benefit under title 38 U.S.C. The name and address of 
a veteran or member of the uniformed services may be disclosed to a 
Federal agency under this routine use if they are required by the 
Federal agency to respond to a VA inquiry.
    16. Except for beneficiary and option designations, any information 
in this system, including the name and address of a veteran or member 
of the uniformed services, 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 U.S.C. (such 
disclosures include computerized lists of names and addresses).
    17. Except for medical information and beneficiary and option 
designations, any information including insurance contract information 
(e.g., name, address, status of the account, dividends paid, cash 
value, and policy loans) may be disclosed at the request of a veteran 
or member of the uniformed services to an attorney acting under a 
declaration of representation, a VA-approved claims agent, an insurance 
agency, a trust officer, or to employees or members of an accredited 
service organization, so that these individuals or organizations can 
aid veterans or members of the uniformed services in the preparation, 
presentation, and prosecution of claims under the laws administered by 
VA. The name and address of a veteran or member of the uniformed 
services will not, however, be disclosed to these individuals under 
this routine use if the veteran or member of the uniformed services has 
not requested the assistance of an accredited service organization, 
claims agent, trust officer, or an attorney.
    18. The name, address, insurance account information of an insured 
veteran or member of the uniformed services, their beneficiary(ies), 
legal representatives, or designated payee(s), and the amount of 
payment may be disclosed to the Treasury Department, upon its official 
request, in order for the Treasury Department to pay dividends, policy 
loans, cash surrenders, maturing endowments, insurance refunds, or to 
issue checks and perform check tracer activities for the veteran or 
member of the uniformed services, beneficiary(ies), legal 
representative, or designated payee(s).
    19. The name and address of an insured veteran or member of the 
uniformed services, date and amount of payments made to VA, including 
specific status of each policy (e.g., premiums paid, dividends issued, 
cash and loan values) may be disclosed to the Internal Revenue Service 
(IRS), upon its official request, in order for the IRS to collect tax 
liens by withholding insurance payments to satisfy unpaid taxes. This 
purpose is consistent with title 26 of the United States Code, section 
7602.
    20. The name, address, social security number, date of discharge 
from the military, medical information concerning the grounds for total 
disability or the nature of an injury or illness, and dependency- or 
beneficiary-related information of a member of the uniformed services 
or veteran may be disclosed to the Office of Servicemembers' Group Life 
Insurance (OSGLI) at the request of a member of the uniformed services 
or veteran in order to aid OSGLI in the verification of such 
information for the purpose of issuing and maintaining insurance 
policies provided to members of the uniformed services or veterans 
participating in the Servicemembers' Group Life Insurance (SGLI) and/or 
Veterans' Group Life Insurance (VGLI) programs, and to pay insurance 
benefits under these programs.
    21. The name, address, and other identifying information, such as a 
social security number or a military service number, may be disclosed 
to the Department of Defense (Army, Air Force, Navy, and Marine Corps); 
the Coast Guard of the Department of Homeland Security; the 
Commissioned Officers Corps of the U.S. Public Health Service; and the 
Commissioned Officers Corps of the National Oceanic and Atmospheric 
Administration of the Department of Commerce, upon their official 
request to help establish and maintain allotments from active and 
retired service pay for VA insurance premiums and loan repayments.
    22. The face amount and cash and/or loan value of an insurance 
policy, verification of an existing insurance policy, and the name and 
address of an insured veteran or member of the uniformed services, may 
be disclosed at the request of the veteran or member of the uniformed 
services to a Federal, State, or local agency, in order for these 
agencies to assist a veteran or member of the uniformed services 
applying for Medicaid, Medicare, nursing home admittance, welfare 
benefits, or other benefits provided by the requesting agency to the 
extent that the information is relevant and necessary to the agency's 
decision regarding those benefits.
    23. The name and address of a veteran or member of the uniformed 
services and military service information (e.g., dates of service, 
branch of service) may be disclosed to the Armed Forces Institute of 
Pathology (AFIP), upon its official request, in order for the AFIP to 
conduct research for specified official purposes.
    24. The name(s) and address(es) of a veteran or member of the 
uniformed services may be disclosed to another Federal agency or to a 
contractor of that agency, at the written request of the head of that 
agency or designee of the head of that agency, for the purpose of 
conducting Government research necessary to accomplish a statutory 
purpose of that agency.

[[Page 44413]]

    25. Any information in this system, including the nature and amount 
of a financial obligation, may be disclosed to a debtor's employing 
agency or commanding officer, upon its official request, as a routine 
use in order to assist VA in the collection of unpaid financial 
obligations owed to VA so that the debtor-employee may be counseled by 
his or her Federal employer or commanding officer. This purpose is 
consistent with 5 U.S.C. 5514; 31 U.S.C. 3701-3702 and sections 3711-
3718.
    26. Any information in this system, including available identifying 
data regarding the debtor, such as the name of the debtor, last known 
address of the debtor, name of the debtor's spouse, social security 
number of the debtor, VA insurance number, VA loan number, VA file 
number, place of birth, date of birth of the debtor, name and address 
of the debtor's employer or firm, and dates of employment, may be 
disclosed to other Federal agencies, State probate courts, State 
drivers' license bureaus, and State automobile title and license 
bureaus as a routine use in order to obtain current address and credit 
report assistance for the collection of unpaid financial obligations 
owed the United States. This purpose is consistent with the Federal 
Claims Collection Act of 1966 (Pub. L. 89-508), subsequent amendments, 
and 31 U.S.C. 3701-3702 and 3711-3718.
    27. Any information concerning the veteran's or uniformed services 
member's indebtedness to the United States by virtue of a person's 
participation in a benefits program administered by VA, including 
personal information obtained from other Federal agencies through 
computer matching programs, may be disclosed to any third party, except 
consumer reporting agencies, in connection with any proceeding for the 
collection of an amount owed to the United States. Purposes of these 
disclosures may be to (a) assist VA in collection of title 38 benefit 
overpayments, overdue indebtedness, and/or costs of services provided 
individuals not entitled to such services, and (b) initiate legal 
actions for prosecuting individuals who willfully or fraudulently 
obtain title 38 benefits without entitlement. This disclosure is 
consistent with 31 U.S.C. 3701-3702, 3711-3718; and 38 U.S.C. 
5701(b)(6).
    28. The name and address of a veteran or member of the uniformed 
services, other information as is reasonably necessary to identify such 
veteran or member of the uniformed services, including personal 
information obtained from other Federal agencies through computer 
matching programs, and any information concerning the veteran's or 
uniformed services member's indebtedness to the United States by virtue 
of the person's participation in a benefits program administered by VA, 
may be disclosed to a consumer reporting agency for purposes of 
assisting in the collection of such indebtedness, provided that the 
provisions of 31 U.S.C. 3701-3702 and 3711-3718 and 38 U.S.C 5701(g)(4) 
have been met.
    29. Any information in this system, such as notices of renewal, 
reinstatements, premiums due, lapsed actions, miscellaneous insurance 
instructions, disposition of dividends, policy loans, and transfer of 
records, may be disclosed to VA fiduciaries, court-appointed guardians/
conservators, powers of attorney, or military trustees of incompetent 
veterans or members of the uniformed services, in order to advise VA 
fiduciaries, court-appointed guardians/conservators, powers of 
attorney, or military trustees of current actions to be taken in 
connection with ownership of U.S. Government life insurance policies 
and to enable them to properly perform their duties as fiduciaries or 
guardians, powers of attorney, or military trustees.
    30. Any information in this system of records may be disclosed, in 
the course of presenting evidence in or to a court, magistrate, 
administrative tribunal, or grand jury, including disclosures to 
opposing counsel in the course of such proceedings or in settlement 
negotiations.
    31. Identifying information, except for the name and address of a 
veteran or member of the uniformed services, may be disclosed to a 
Federal, State, county, or municipal agency for the purpose of 
conducting computer matches to obtain information to validate the 
entitlement of a veteran or member of the uniformed services who is 
receiving, or has received, Government insurance benefits under title 
38 of the United States Code. The name and address of a veteran or 
member of the uniformed services may also be disclosed to a Federal 
agency under this routine use if they are required by the Federal 
agency to respond to the VA inquiry.

POLICIES AND PRACTICES FOR STORAGE OF RECORDS:
    Records are stored in two computerized systems called Veterans 
Insurance Claims Tracking and Response System (VICTARS), and the 
Insurance Terminal System (ITS). VICTARS utilizes imaging and 
electronic technology to store paper documents, including applications 
and correspondence, and it records all processing-related activities 
involving insurance policies, disability outreach services, and the 
website self-service portal.
    ITS provides direct access to insurance records relative to claims 
processing via computer monitors. Both VICTARS and ITS store and 
retrieve all information in the insurance records system through the 
local area network (LAN) maintained through the Philadelphia ITC at the 
Philadelphia Insurance Center.
    NICE creates recordings of incoming phone calls received by 
insurance personnel regarding policy-related issues and stores the 
calls as part of the LAN maintained through the Philadelphia ITC.
    Back-up VA insurance records are stored in secured areas by the St. 
Paul Regional Benefit Office and Iron Mountain. (Appendix I provides 
the complete addresses for each location.)
    Inactive records are also stored on microfilm, microfiche, compact 
disks, CO index cards, premium record cards in hardcopy folders, 
computer lists, and punch cards, which are kept in locked files and 
secured areas.

POLICIES AND PRACTICES FOR RETRIEVABILITY OF RECORDS:
    All hardcopy and electronically stored insurance records are 
retrievable by the Government insurance file number, VA file number, 
policyholder's name, and social security number.
    Information input through the VA Insurance website's self-service 
portal relative to loan applications is retrievable by the use of 
unique personal identification numbers (PINs), passwords, and insurance 
file numbers. Approved encryption technology is used to protect 
personal information.
    Incomplete S-DVI applications are retrievable on the VA Insurance's 
secure website through the use of personal passwords, social security 
numbers, and dates of birth of the veterans. (The completed S-DVI 
application becomes part of the VICTARS storage system.) Approved 
encryption technology is used to protect personal information.
    The Interactive Voice Response (IVR) permits veterans to access 
audible information about their insurance records, which is stored by 
VA Insurance's LAN via touch-tone telephone technology utilizing VA 
Insurance file numbers.

POLICIES AND PRACTICES FOR RETENTION AND DISPOSAL OF RECORDS:
    Hardcopy records are retained and disposed of in accordance with 
disposition authorization approved by the Archivist of the United 
States.
    VICTARS, the primary records storage and retrieval system for the 
Insurance

[[Page 44414]]

program, maintains imaged insurance records indefinitely through the VA 
Insurance LAN. Hardcopy records imaged into VICTARS are stored for 31 
days prior to destruction. Original copies of imaged beneficiary 
designation documents are stored indefinitely at the NARA Mid-Atlantic 
Regional Center. (See Appendix I for the complete address.) 
Computerized records accessible through ITS are also maintained 
indefinitely through the VA Insurance LAN. Back-up Philadelphia ITC 
archive records are stored on tape for one year prior to being erased 
or over written.
    NICE recordings, which document incoming phone calls regarding 
insurance policies, are maintained for a minimum of 13 months after the 
call and are purged thereafter.

ADMINISTRATIVE, TECHNICAL, AND PHYSICAL SAFEGUARDS:
    1. Physical Security.
    a. All VA facilities are protected by the Federal Protective 
Service or other security personnel. All Insurance files and processing 
areas are restricted to authorized personnel on a need-to-know basis. 
Areas containing paper and computerized records are protected by a 
sprinkler system. Paper records pertaining to employees and public 
figures, or otherwise sensitive files, are stored in locked files. 
Microfilm records and compact disk (CD) back-up files of the payment 
processing unit (Collections) activities are stored in locked, 
fireproof, humidity-controlled vaults at the Insurance Center.
    b. Access to the Philadelphia ITC and Collections is secured by 
electronic locking devices and is restricted to Philadelphia ITC and 
Collections employees, custodial personnel, and Federal Protective 
Service or other security personnel. All other persons gaining access 
to computer rooms and Collections are escorted by an individual with 
authorized access.
    c. Access to records at the Insurance Center through computerized 
storage systems, including VICTARS, ITS, NICE, and the Philadelphia 
ITC, is protected by passwords, magnetic card readers, and audible 
alarms. Electronic keyboard locks are activated upon security errors. 
Video surveillance is also provided in secured processing and computer 
protected areas, such as Claims, Collections, and the ITC. An 
Information Security Officer is assigned responsibility for privacy-
security measures, including review of violations logs and local 
control and distribution of passwords.
    2. System Security.
    a. In the Philadelphia ITC, automated labeling techniques identify 
computerized tapes and disks containing data. Access to computer 
programs is controlled at the operations level.
    b. VICTARS, ITS, and NICE utilize the Insurance Center's LAN as the 
storage and retrieval conduit, which uses passwords to provide 
automated recognition of authorized users, their respective access 
levels, and restrictions. Passwords are changed periodically and are 
restricted to authorized individuals on a need-to-know basis for system 
access or security purposes.
    c. Back-up insurance records and Philadelphia ITC data are stored 
in a secured site by the St. Paul Regional Benefit Office and by Iron 
Mountain.
    d. The VA Insurance website self-service portal, which is used by 
veterans, their legal representatives, and payees, is only accessible 
with the use of personal identifiers consisting of PINs, passwords, 
file numbers, loan numbers, social security numbers, and dates of 
birth. The access portals utilize LAN-based encryption technology and 
firewalls to protect personal data.
    e. The IVR, which is protected as part of the LAN, permits veterans 
to listen to information from their insurance records via touch-tone 
telephones, which utilize VA Insurance file numbers to access the 
records.
    f. Data exchange by email within the agency or between other 
Federal agencies is done by means of dedicated communication lines 
utilizing approved encryption technology.

RECORD ACCESS PROCEDURE:
    Individuals desiring access to, or wishing to contest, VA records 
and related procedures should write to the VA Insurance Center at 5000 
Wissahickon Avenue, Director's Office (29), Philadelphia, Pennsylvania 
19144.

CONTESTING RECORD PROCEDURES:
    (See Records Access Procedures above.)

NOTIFICATION PROCEDURES:
    Any individual who wishes to determine whether a record is 
maintained in this system under his or her name or other personal 
identifier, who wants to determine the contents of such record, or has 
a routine inquiry concerning the status of his or her insurance under 
this system, may contact the VA Insurance Center in Philadelphia, 
Pennsylvania at (215) 381-3029. Requests concerning the specific 
content of a record must be made in writing or made in person at the VA 
Insurance Center in Philadelphia. The inquirer should provide the full 
name of the veteran or member of the uniformed services; the insurance 
file number, VA claim number, or social security number; the date of 
birth of the veteran or member of the uniformed services; and 
reasonably identify the benefit or system of records involved. If the 
insurance file number or any of the other identifiers noted above are 
not available, requestors should provide the service number, and/or 
location of insurance records that will aid VA personnel in locating 
the official insurance records. (See Appendix I for the addresses of 
records storage facilities.)

EXEMPTIONS PROMULGATED FOR THE SYSTEM:
    None.

HISTORY:
    Veterans and Uniformed Services Personnel Programs of U.S. 
Government Life Insurance-VA (36VA29), published at 75 FR 65405, 
October 22, 2010, was the last full publication of the VA Insurance 
Center's SORN 36VA29 which provided updated information regarding VAIC 
records and consolidated the outdated SORNs 36VA00, 46VA00, and 53VA00 
into one SORN.

Appendix I: Addresses of VA Insurance Records Facilities

1. VA Insurance Center, 5000 Wissahickon Avenue, Philadelphia, PA 
19144
2. St. Paul Regional Benefit Office, 1 Federal Drive, Fort Snelling, 
St. Paul, MN 55111-4050
3. Iron Mountain, 1397 Glenlake Avenue, Itasca, IL 60143
4. NARA Mid-Atlantic Region (Northeast Philadelphia), 14700 Townsend 
Road, Philadelphia, PA 19154
5. NARA Great Lakes Region (Dayton Kingsridge), 8801 Kingsridge 
Drive, Dayton, OH 45458
6. NARA Central Plains Region (Lee's Summit), 200 Space Center 
Drive, Lee's Summit, MO 64064
7. NARA Central Plains Region (Lenexa), 17501 West 98th Street, 
Suite 3150, Lenexa, KS 66219
8. NARA Great Lakes Region (Chicago), 7358 South Pulaski Road, 
Chicago, IL 60629
9. NARA Northeast Region (Pittsfield), 10 Conte Drive, Pittsfield, 
MA 01201
10. Office of Servicemembers' Group Life Insurance, 80 Livingston 
Avenue, Roseland, NJ 07068

[FR Doc. 2018-18789 Filed 8-29-18; 8:45 am]
BILLING CODE P