Privacy Act of 1974; System of Records, 7776-7778 [2023-02388]

Agencies

• DEPARTMENT OF VETERANS AFFAIRS

[Federal Register Volume 88, Number 24 (Monday, February 6, 2023)]
[Notices]
[Pages 7776-7778]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-02388]



[[Page 7776]]

-----------------------------------------------------------------------

DEPARTMENT OF VETERANS AFFAIRS


Privacy Act of 1974; System of Records

AGENCY: Veterans Benefits Administration (VBA), Department of Veterans 
Affairs (VA).

ACTION: Notice of a modified system of records.

-----------------------------------------------------------------------

SUMMARY: Pursuant to the Privacy Act of 1974, notice is hereby given 
that the Department of Veterans Affairs (VA) is amending the system of 
records entitled, ``Veterans Assistance Discharge System-VA'' (45VA21). 
This system collects a limited amount of personally identifiable 
information (PII) for the purpose of maintaining records and providing 
benefits to Veterans who file claims for a wide variety of Federal 
Veteran's benefits administered by VA at VA facilities located 
throughout the United States. VA gathers or creates these records to 
enable it to administer statutory benefits programs. VA is republishing 
the system notice in its entirety.

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: Comments may be submitted through www.Regulations.gov or 
mailed to VA Privacy Service, 810 Vermont Avenue NW, (005R1A), 
Washington, DC 20420. Comments should indicate that they are submitted 
in response to Veterans Assistance Discharge System-VA (45VA21). 
Comments received will be available at regulations.gov for public 
viewing, inspection, or copies.

FOR FURTHER INFORMATION CONTACT: Cheryl J. Rawls, Director of Outreach, 
Transition, and Economic Development (OTED), Veterans Benefits 
Administration (VBA), Department of Veterans Affairs, 1800 G Street NW, 
Washington, DC 20006, (202) 461-9412, [email protected].

SUPPLEMENTARY INFORMATION: VA is amending the system by updating the 
Routine Uses of Records Maintained in the System. Additionally, the 
name and address of the System Owner has been updated for accuracy.

Signing Authority

    The Senior Agency Official for Privacy, or designee, approved this 
document and authorized the undersigned to sign and submit the document 
to the Office of the Federal Register for publication electronically as 
an official document of the Department of Veterans Affairs. Kurt D. 
DelBene, Assistant Secretary for Information and Technology and Chief 
Information Officer, approved this document on January 31, 2023 for 
publication.

    Dated: February 1, 2023.
Amy L. Rose,
Program Analyst, VA Privacy Service, Office of Information Security, 
Office of Information and Technology, Department of Veterans Affairs.

SYSTEM NAME AND NUMBER:
    Veterans Assistance Discharge System-VA (45VA21).

SECURITY CLASSIFICATION:
    Classified.

SYSTEM LOCATION:
    Records are maintained at VA Regional Offices; VA Medical Centers; 
the VA Records Management Center, St. Louis, Missouri; and at the 
Corporate Franchise Data Center in Austin, Texas.

SYSTEM MANAGER(S):
    Cheryl J. Rawls, Director Outreach, Transition, and Economic 
Development (OTED), Veterans Benefits Administration (VBA), Department 
of Veterans Affairs, 1800 G Street NW, Washington DC 20006, (202) 461-
9412, [email protected].

AUTHORITY FOR MAINTENANCE OF THE SYSTEM:
    38 U.S.C., chapter 3, sections 501(a), (b).

PURPOSE(S) OF THE SYSTEM:
    This system collects a limited amount of personally identifiable 
information (PII) for the purpose of maintaining records and providing 
benefits to Veterans who file claims for a wide variety of Federal 
Veteran's benefits administered by VA at VA facilities located 
throughout the United States. See the statutory provisions cited in 
``Authority for maintenance of the system''. VA gathers or creates 
these records to enable it to administer these statutory benefits 
programs.

CATEGORIES OF INDIVIDUALS COVERED BY THE SYSTEM:
    Individuals (Veterans only) released from active military service 
since March 1973, for whom separation documents (i.e., DD Forms 214, 
215) were received in the Corporate Franchise Data Center in Austin, 
Texas.

CATEGORIES OF RECORDS IN THE SYSTEM:
    The records, or information contained in the records, may include 
PII and military discharge information. PII may include the following 
concerning the Veteran: full name, Social Security number, service 
number and date of birth. Military discharge information may include 
the primary military occupational specialty number, entry and release 
from active duty, character of service, branch of service and mailing 
address at the time of discharge, level of education (e.g., high school 
graduate or equivalent or not high school graduate or equivalent), sex, 
total amount of active service, the dollar amount of readjustment or 
severance pay, number of non-paydays, pay grade, narrative reason for 
separation and whether the Veteran was discharged with a disability, 
served in the Vietnam Conflict, reenlisted in the military service or 
received a military decoration such as a Purple Heart.

RECORD SOURCE CATEGORIES:
    The Department of Defense provides copies of DD Form 214, 
Certificate of Release or Discharge from Active Duty and DD Form 215, 
Correction to DD Form 214 to VA. U.S. Public Health Service provides 
copies of PHS-1867, Statement of Service Verification of Status of 
Commissioned Officers of the U.S. PHS to VA. The National Oceanic and 
Atmospheric Administration provides VA with copies of ESSA Form 56-16, 
Report of Separation Discharge.

ROUTINE USES OF RECORDS MAINTAINED IN THE SYSTEM, INCLUDING CATEGORIES 
OF USERS AND PURPOSES OF SUCH USES:
    1. Congress: VA may disclose information to a Member of Congress or 
staff acting upon the Member's behalf when the Member or staff requests 
the information on behalf of, and at the request of, the individual who 
is the subject of the record.
    2. Data Breach Response and Remediation, for VA: VA may disclose 
information 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 (3) the disclosure made to such 
agencies, entities, and persons is reasonably necessary to assist in

[[Page 7777]]

connection with VA's efforts to respond to the suspected or confirmed 
breach or to prevent, minimize, or remedy such harm.
    3. Data Breach Response and Remediation, for Another Federal 
Agency: VA may disclose information to another Federal agency or 
Federal entity, when VA determines that information from this system of 
records is reasonably necessary to assist the recipient agency or 
entity in (1) responding to a suspected or confirmed breach or (2) 
preventing, minimizing, or remedying the risk of harm to individuals, 
the recipient agency or entity (including its information systems, 
programs, and operations), the Federal Government, or national 
security, resulting from a suspected or confirmed breach.
    4. Law Enforcement: VA may disclose information that, either alone 
or in conjunction with other information, indicates a violation or 
potential violation of law, whether civil, criminal, or regulatory in 
nature, to a Federal, state, local, territorial, tribal, or foreign law 
enforcement authority or other appropriate entity charged with the 
responsibility of investigating or prosecuting such violation or 
charged with enforcing or implementing such law. The disclosure of the 
names and addresses of Veterans and their dependents from VA records 
under this routine use must also comply with the provisions of 38 
U.S.C. 5701.
    5. DoJ for Litigation or Administrative Proceeding: VA may disclose 
information to the Department of Justice (DoJ), or in a proceeding 
before a court, adjudicative body, or other administrative body before 
which VA is authorized to appear, when:
    (a) VA or any component thereof;
    (b) Any VA employee in his or her official capacity;
    (c) Any VA employee in his or her individual capacity where DoJ has 
agreed to represent the employee; or
    (d) The United States, where VA determines that litigation is 
likely to affect the agency or any of its components is a party to such 
proceedings or has an interest in such proceedings, and VA determines 
that use of such records is relevant and necessary to the proceedings.
    6. Contractors: VA may disclose information to contractors, 
grantees, experts, consultants, students, and others performing or 
working on a contract, service, grant, cooperative agreement, or other 
assignment for VA, when reasonably necessary to accomplish an agency 
function related to the records.
    7. OPM: VA may disclose information to the Office of Personnel 
Management (OPM) in connection with the application or effect of civil 
service laws, rules, regulations, or OPM guidelines in particular 
situations.
    8. EEOC: VA may disclose information to the Equal Employment 
Opportunity Commission (EEOC) in connection with investigations of 
alleged or possible discriminatory practices, examination of Federal 
affirmative employment programs, or other functions of the Commission 
as authorized by law.
    9. FLRA: VA may disclose information to the Federal Labor Relations 
Authority (FLRA) in connection with the investigation and resolution of 
allegations of unfair labor practices, the resolution of exceptions to 
arbitration awards when a question of material fact is raised, matters 
before the Federal Service Impasses Panel, and the investigation of 
representation petitions and the conduct or supervision of 
representation elections.
    10. MSPB: VA may disclose information to the Merit Systems 
Protection Board (MSPB) in connection with appeals, special studies of 
the civil service and other merit systems, review of rules and 
regulations, investigation of alleged or possible prohibited personnel 
practices, and such other functions promulgated in 5 U.S.C. 1205 and 
1206, or as authorized by law.
    11. NARA: VA may disclose information to the National Archives and 
Records Administration (NARA) in records management inspections 
conducted under 44 U.S.C. 2904 and 2906, or other functions authorized 
by laws and policies governing NARA operations and VA records 
management responsibilities.
    12. Federal Agencies, for Computer Matches: VA may disclose 
information from this system to other federal agencies for the purpose 
of conducting computer matches to obtain information to determine or 
verify eligibility of Veterans receiving VA benefits or medical care 
under title 38, U.S.C.
    13. Governmental Agencies, Health Organizations, for Claimants' 
Benefits: VA may disclose information to Federal, state, and local 
government agencies and national health organizations as reasonably 
necessary to assist in the development of programs that will be 
beneficial to claimants, to protect their rights under law, and assure 
that they are receiving all benefits to which they are entitled.
    14. Governmental Agencies, for VA Hiring, Security Clearance, 
Contract, License, Grant: VA may disclose information to a Federal, 
state, local, or other governmental agency maintaining civil or 
criminal violation records, or other pertinent information, such as 
employment history, background investigations, or personal or 
educational background, to obtain information relevant to VA's hiring, 
transfer, or retention of an employee, issuance of a security 
clearance, letting of a contract, or issuance of a license, grant, or 
other benefit. The disclosure of the names and addresses of Veterans 
and their dependents from VA records under this routine use must also 
comply with the provisions of 38 U.S.C. 5701.
    15. Federal Agencies, for Employment: VA may disclose information 
to a Federal agency, except the United States Postal Service, or to the 
District of Columbia government, in response to its request, in 
connection with 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 of a license, grant, or other 
benefit by that agency.
    16. State or Local Agencies, for Employment: VA may disclose 
information to a state, local, or other governmental agency, upon its 
official request, as 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 of a 
license, grant, or other benefit by that agency. The disclosure of the 
names and addresses of Veterans and their dependents from VA records 
under this routine use must also comply with the provisions of 38 
U.S.C. 5701.
    17. Law Enforcement, for Locating Fugitive: In compliance with 38 
U.S.C. 5313B(d), VA may disclose information to any Federal, state, 
local, territorial, tribal, or foreign law enforcement agency in order 
to identify, locate, or report a known fugitive felon.
    18. Business Partners, for Collaborative Efforts: VA may disclose 
information to individuals or entities with whom VA has a written 
agreement or arrangement to perform such services as VA may deem 
practical for the purpose of laws administered by VA.
    19. Federal Agencies, for Research: VA may disclose information to 
a Federal agency for the purpose of conducting research and data 
analysis to perform a statutory purpose of that Federal agency upon the 
written request of that agency.
    20. DOD, for Military Mission: VA may disclose information 
regarding individuals treated under 38 U.S.C. 8111A to the Department 
of Defense, or its components, for the purpose deemed necessary by 
appropriate military

[[Page 7778]]

command authorities to assure proper execution of the military mission.
    21. OMB: VA may disclose information to the Office of Management 
and Budget (OMB) for the performance of its statutory responsibilities 
for evaluating Federal programs.
    22. Claims Representatives: VA may disclose information relevant to 
a claim of a veteran or beneficiary, such as the name, address, the 
basis and nature of a claim, amount of benefit payment information, 
medical information, and military service and active duty separation 
information, only at the request of the claimant to accredited service 
organizations, VA-approved claim agents, and attorneys acting under a 
declaration of representation, so that these individuals can aid 
claimants in the preparation, presentation, and prosecution of claims 
under the laws administered by VA.
    23. Nonprofits, for RONA: VA may disclose the names and address(es) 
of present or former members of the armed services or their 
beneficiaries: (1) to a nonprofit organization if the release is 
directly connected with the conduct of programs and the utilization of 
benefits under title 38, and (2) to any criminal or civil law 
enforcement 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 names or addresses 
be provided for a purpose authorized by law; provided that the records 
will not be used for any purpose other than that stated in the request 
and that organization, agency, or instrumentality is aware of the 
penalty provision of 38 U.S.C. 5701(f).
    24. Outreach: VA may disclose information upon request to any 
state, local, territorial, tribal, or other governmental agency upon 
request for the purpose of outreach concerning a benefit under Title 
38.

POLICIES AND PRACTICES FOR STORAGE OF RECORDS:
    Records (or information contained in records) are maintained on 
paper documents in claims folders (C-folders), vocational 
rehabilitation folders, electronic file folders (e.g., Virtual VA and 
TIMS File), and on automated storage media (e.g., microfilm, 
microfiche, magnetic tape, and disks). Such information may be accessed 
through data telecommunication terminal systems designated the Benefits 
Delivery Network (BDN), Virtual VA and Veterans Service Network 
(VETSNET). BDN, Virtual VA and VETSNET terminal locations include VA 
Central Office, VA Regional Offices, VA Medical Centers, and Veterans 
Integrated Service Network (VISN) offices. Remote on-line access is 
also made available to authorized remote sites, representatives of 
claimants and to attorneys of record for claimants. A VA claimant must 
execute a prior written consent or a power of attorney authorizing 
access to his or her claims records before VA will allow the 
representative or attorney to have access to the claimant's automated 
claims records. Access by representatives and attorneys of record is to 
be used solely for the purpose of assisting an individual claimant 
whose records are accessed in a claim for benefits administered by VA.

POLICIES AND PRACTICES FOR RETRIEVAL OF RECORDS:
    Information is retrievable by name only; name and one or more 
numbers (service, Social Security, VA claims file, and VA insurance 
file); name and one or more criteria (e.g., date of birth, death, and 
service); VA file number only; or initials or first five letters of the 
last name and VA file number.

POLICIES AND PRACTICES FOR RETENTION AND DISPOSAL OF RECORDS:
    Records in this system are retained and disposed of in accordance 
with the schedule approved by the Archivist of the United States, VB-1, 
Part II, Central Office, Item No. 2-13.2.

ADMINISTRATIVE, TECHNICAL, AND PHYSICAL SAFEGUARDS:
    Access to the basic file in the Corporate Franchise Data Center in 
Austin, Texas is restricted to authorized VA employees and vendors. 
Access to working spaces and claims folder file storage areas in VA 
Regional Offices and VA Medical Centers is restricted to VA employees 
who have a need-to-know for the performance of their official duties 
associated with providing Veterans benefits. Generally, file areas are 
locked after normal duty hours and the offices and centers are 
protected from outside access by the Federal Protective Service or 
other security personnel. Access to BDN, Virtual VA and VETSNET data 
telecommunication networks are controlled by authorization of the site 
security officer who is responsible for authorizing access to the BDN, 
Virtual VA and VETSNET by a claimant's representative or attorney 
approved for access in accordance with VA regulations. The site 
security officer is responsible for ensuring that the hardware, 
software, and security practices of a representative or attorney 
satisfy VA security requirements before granting access. The security 
requirements applicable to the access of automated claims files by VA 
employees also apply to the access of automated claims files by 
claimants' representatives or attorneys. The security officer is 
assigned responsibility for implementing and enforcing privacy-security 
measures, especially for review of violation logs, information logs and 
control of password distribution, including password distribution for 
claimants' representatives.

RECORD ACCESS PROCEDURES:
    Individuals seeking information on the existence and content of 
records in this system pertaining to them should contact the system 
manager in writing as indicated above. A request for access to records 
must contain the requester's full name, address, telephone number, be 
signed by the requester, and describe the records sought in sufficient 
detail to enable VA personnel to locate them with a reasonable amount 
of effort.

CONTESTING RECORD PROCEDURES:
    Individuals seeking to contest or amend records in this system 
pertaining to them should contact the system manager in writing as 
indicated above. A request to contest or amend records must state 
clearly and concisely what record is being contested, the reasons for 
contesting it, and the proposed amendment to the record.

NOTIFICATION PROCEDURES:
    Generalized notice is provided by the publication of this notice. 
For specific notice, see Record Access Procedure, above.

EXEMPTIONS PROMULGATED FOR THE SYSTEM:
    None.

HISTORY:
    75 FR 61865 (October 6, 2010).

[FR Doc. 2023-02388 Filed 2-3-23; 8:45 am]
BILLING CODE 8320-01-P