Privacy Act of 1974; System of Records, 60269-60275 [2023-18807]
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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.
11. State or Local Agencies, for
Employment
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.
POLICIES AND PRACTICES FOR STORAGE OF
RECORDS:
local connections, for operations,
management and maintenance purposes
and tasks. Access to the Intranet portion
of the system is done through VA PIV
authentication and role-based access
control at officially approved access
points. Small business owners and
Veteran entrepreneurs will establish and
maintain user ID’s and passwords for
accessing the VetBiz Portal using VA’s
DS Logon, ID.me or Login.gov through
Access VA. Policy regarding issuance of
user-ids and passwords is formulated in
VA by the Office of Information and
Technology, Washington, DC. The
system is configured so that access to
the public data elements in the database
does not lead to access to the non-public
data elements.
POLICIES AND PRACTICES FOR RETRIEVAL OF
RECORDS:
Records in this system may be
retrieved by:
1. Organization Name.
2. Contact Name.
3. Email Address.
4. Web Address.
5. Area Code and Phone Number.
6. Zip Code.
7. County Code (NaCO).
8. State(s).
9. Service Area Limits (if any).
10. Year Established.
Dated: August 28, 2023.
Jelessa M. Burney,
Federal Advisory Committee Management
Officer.
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.
EXEMPTIONS PROMULGATED FOR THE SYSTEM:
None.
HISTORY:
87 FR 1007 (January 7, 2022).
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[FR Doc. 2023–18884 Filed 8–30–23; 8:45 am]
BILLING CODE P
DEPARTMENT OF VETERANS
AFFAIRS
[FR Doc. 2023–18874 Filed 8–30–23; 8:45 am]
Records are maintained and disposed
of in accordance with the schedule
approved by the Archivist of the United
States, DAA–0015–2018–0003, 7 years
from the date the records were last
modified or updated.
ADMINISTRATIVE, TECHNICAL, AND PHYSICAL
SAFEGUARDS:
VA staff and contractors will have
access to the system via VA Intranet and
Jkt 259001
11:00 a.m.–2:30 p.m.—
Eastern Standard Time
(EST).
Generalized notice is provided by the
publication of this notice. For specific
notice, see Record Access Procedure,
above. E
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.
Privacy Act of 1974; System of
Records
BILLING CODE P
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September 28,
2023.
Times
NOTIFICATION PROCEDURES:
RECORD ACCESS PROCEDURES:
POLICIES AND PRACTICES FOR RETENTION AND
DISPOSAL OF RECORDS:
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Dates
This meeting is open to the public.
The purposes of the Committee is to
advise the Secretary of Veterans Affairs
with respect to the administration of
benefits by VA for Veterans who are
minority group members, by reviewing
reports and studies on compensation,
health care, rehabilitation, outreach and
other benefits and services administered
by the Department.
On September 28, the Committee will
receive briefings and updates from the
VA Deputy Chief of Staff, Center for
Minority Veterans, and Board of
Veterans Appeals. The Committee will
receive public comments from 1:45 p.m.
to 2:00 p.m. EST. The Committee will
conduct an after-action review.
Individuals who wish to provide
public comment are invited to submit a
1–2-page summary of their comments
no later than September 21, 2023 for
inclusion in the official meeting record.
Members of the public may also submit
written statements for the Committee’s
review to Mr. Dwayne Campbell, at
Dwayne.Campbell3@va.gov.
To access the Microsoft Teams
meeting, dial the number shown here: 1
872–701–0185, 886289631# Phone
Conference ID: 886 289 631#.
Any member of the public seeking
additional information should contact
Mr. Dwayne Campbell or Mr. Ronald
Sagudan at (202) 461–6191.
CONTESTING RECORD PROCEDURES:
Records in this system will be stored
in a computerized database. The system
will operate on servers, located on the
VA EC MAG, Region 1 and Region 2, or
Region 3. Data backups will reside on
appropriate media, according to normal
system backup plans for VA Enterprise
Operations.
September 28, 2023 via Microsoft
Teams. The meeting sessions will begin,
and end as follows:
DEPARTMENT OF VETERANS
AFFAIRS
Advisory Committee on Minority
Veterans, Notice of Meeting
The Department of Veterans Affairs
(VA) gives notice under the Federal
Advisory Committee Act, 5. U.S.C.
ch.10, that the Advisory Committee on
Minority Veterans will virtually meet on
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Department of Veterans Affairs
(VA), Office of Information of
Technology, Financial Service Center
(FSC).
ACTION: Notice of modified system of
records.
AGENCY:
Individuals Submitting
Invoices-Vouchers for Payment and
Accounting Transactional Data-VA
(13VA047) is a compilation of records
SUMMARY:
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received, controlled, managed, and
employed for payment processing;
general accounting; benefit payment
distribution to veterans and their
families; commercial vendor invoices
for contract and reimbursement
expenditures; payroll payments; and
commercial government procurement
and contracting data.
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.Regulation.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
‘‘Individuals Submitting InvoicesVouchers for Payment and Accounting
Transactional Data-VA’’ (13VA047).
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:
Jonathan Lindow, Director, Operations
and Management Division, Financial
Services Center, 7600 Metropolis Dr.,
Austin, TX 78744, Jonathan.Lindow@
va.gov, 512–568–0626.
SUPPLEMENTARY INFORMATION: The Pointof-Contact (POC), system manager and
routine uses are being modified in this
‘‘Individuals Submitting Invoices
Vouchers for Payment and Accounting
Transactional Data-VA’’ (13VA047),
along with some changes to covered
systems. Individuals Submitting
Invoices-Vouchers for Payment and
Accounting Transactional Data-VA is a
VA-wide financial management system
of records utilized in VA’s IT
accounting systems for payment of
benefits, vendor payments, invoice
payment processing, payroll purposes,
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and acquisition records pertinent to
maintaining acquisition methods, costs
and processes. Information is collected
from recipients, vendors, VA
administrations, medical centers, and
other Federal entities for rendering
payment. This includes information on
businesses and persons as a business
conducting business with VA. Business/
person’s names may be duplicative
requiring another method to ensure the
correct business/person is identified.
Data Universal Numbers (DUNs),
Unique Entity Identifier (UEI) and/or
Tax Identification Numbers (TINs) or
Employment Identification Numbers
(EIN) are used by businesses. In some
cases, persons will use their social
security number (SSN) as the TIN.
Updated authorities by which the data
is collected are 31 U.S. Code 3512—
Executive Agency Accounting and other
Financial Management Reports and
Plans; Federal Managers’ Financial
Integrity Act section 2 of 1982; Federal
Financial Management Improvement
Act of 1996; E-Government Act of 2002
title III., Federal Information Security
Management Act (FISMA); Clinger
Cohen Act of 1996; 38 CFR part 17
17.120–17.132; OMB Circular A–123,
Management’s Responsibility for
Internal Control.
Additional Routine Uses were added
based on revised guidelines to A–108
and updated standards for agency
breach notification. Moreover, VA must
be able to provide 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). VA will administer financial
and transactional information through
benefit disbursement consuming HIPPA
related data thus amending the routine
uses to include: 14. Federal Agencies,
Hospitals, for Referral by VA.; 15. NonVA Doc, for Referral to VA; 25. Claims
Representatives; and 26. Third Party, for
Benefit or Discharge. Location of the
system of records is a notable change to
being stored, managed, and secured
within a momentum cloud application.
Numerical order of routine uses from
original SORN listing to revised version
is amended to the below agency
standardized format including the first
ten routine uses:
1. Congress.
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2. Data breach response and remedial
efforts.
3. Data breach response and remedial
efforts with another Federal agency.
4. Law Enforcement.
5. Litigation.
6. Contractors.
7. EEOC.
8. FLRA.
9. MSPB.
10. NARA & GSA.
Data breach response and remedial
efforts. 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) the
Department has determined that as a
result of the suspected or confirmed
compromise there is a risk of harm to
individuals, the Department (including
its information systems, programs, and
operations), the Federal Government, or
national security; 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 and, in
accordance with Veterans Benefits,
Health Care, and Information
Technology Act of 2006 5723–5724.
Data breach response and remedial
efforts, for another Federal agency. VA
may, on its own initiative, 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. In
accordance with 38 U.S.C. 5723, VA
will ensure that the Assistant Secretary
for Information and Technology, in
coordination with the Under
Secretaries, Assistant Secretaries, and
other key officials of the Department
report to Congress, the Office of
Management and Budget, and other
entities as required by law and this
section of the regulation to cooperate
with notify and cooperate with officials
other than officials of the Department of
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data breaches when required. Use of
information is necessary and proper to
initiate investigations into confirmed
data breaches involving other executive
branch agencies.
Law Enforcement. 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. 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. Use of information is
necessary and proper to cooperate with
other federal agencies while prosecuting
civil, criminal or regulatory violations of
law.
Litigation. 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.
Contractors. VA may disclose
information from this system of records
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.,
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
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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 also
applies to agreements that do not
qualify as contracts defined by Federal
procurement laws and regulations. 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 by contract or
agreement, and performing duties on
behalf of VA.
EEOC. VA may disclose information
from this system to the Equal
Employment Opportunity Commission
(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, and to protect
VA employee rights.
FLRA. VA may disclose information
from this system to the Federal Labor
Relations Authority (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. VA must be able to provide
information to FLRA to comply with the
statutory mandate under which it
operates and to cooperate with labor
relation investigations.
MSPB. VA may disclose information
from this system to the Merit Systems
Protection Board (MSPB) 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 and to cooperate
with Merit Systems Protection Board
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concerning allegations of prohibited
personnel practices. Disclosure may be
made to a congressional office from the
record of an individual in response to
an inquiry from the congressional office
made at the request of that individual.
Federal Agencies, for Computer
Matches. VA may disclose identifying
information, including social security
number, concerning veterans, spouses of
veterans, and the beneficiaries of
veterans to other federal agencies for the
purpose of conducting computer
matches to obtain information to
determine or verify eligibility of
veterans receiving VA medical care
under Title 38, U.S.C. VA must be able
to provide limited personally
identifiable information to other federal
agencies for computer matching
activities for the purpose of benefit
payments to veterans and beneficiaries.
Federal Agencies, Hospitals, for
Referral by VA. VA may disclose
relevant health care information to: (1)
a federal agency or non-VA health care
provider or institution when VA refers
a patient for hospital or nursing home
care or medical services, or authorizes a
patient to obtain non-VA medical
services and the information is needed
by the federal agency or non-VA
institution on provider to perform the
services; or (2) a federal agency or to a
non-VA hospital (federal, state, and
local public or private) or other medical
installation having hospital facilities,
organ banks, blood banks, or similar
institutions, medical schools or clinics,
or other groups or individuals that have
contracted or agreed to provide medical
services or share the use of medical
resources under the provisions of 38
U.S.C. 513, 7409, 8111, or 8153, when
treatment is rendered by VA under the
terms of such contract or agreement or
the issuance of an authorization, and the
information is needed for purposes of
medical treatment and/or follow-up,
determining entitlement to a benefit, or
for VA to effect recovery of the costs of
the medical care. VA must be able to
provide patient referral information for
authorized hospital and/or nursing
home care to a non-VA medical services
provider for recovery of the costs of the
medical care.
Federal Agencies, for Recovery of
Medical Care Costs. VA may disclose
patient identifying information to
federal agencies and VA and
government-wide third-party insurers
responsible for payment of the cost of
medical care for the identified patients,
in order for VA to seek recovery of the
medical care costs. These records may
also be disclosed as part of a computer
matching program to accomplish this
purpose. Use of information is necessary
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and proper as data within this system
does not exclusively include financial,
transactional, and benefit payout data.
Treasury, IRS. VA may disclose the
name of a veteran or beneficiary, other
information as is reasonably necessary
to identify such individual, and any
other information concerning the
individual’s indebtedness by virtue of a
person’s participation in a benefits
program administered by VA, may be
disclosed to the Department of the
Treasury, Internal Revenue Service, for
the collection of Title 38 benefit
overpayments, overdue indebtedness,
and/or costs of services provided to an
individual not entitled to such services,
by the withholding of all or a portion of
the person’s Federal income tax refund.
The purpose of this disclosure is to
collect a debt owed the VA by an
individual by offset of his or her Federal
income tax refund.
Treasury, to Report Waived Debt as
Income. VA may disclose an
individual’s name, address, social
security number, and the amount
(excluding interest) of any indebtedness
which is waived under 38 U.S.C. 3102,
compromised under 4 CFR part 103,
otherwise forgiven, or for which the
applicable statute of limitations for
enforcing collection has expired, to the
Department of the Treasury, Internal
Revenue Service, as a report of income
under 26 U.S.C. 61(a)(12).
Treasury, for Payment or
Reimbursement. VA may disclose
information to the Department of the
Treasury to facilitate payments to
physicians, clinics, and pharmacies for
reimbursement of services rendered,
and to veterans for reimbursements of
authorized expenses, or to collect, by set
off or otherwise, debts owed the United
States. Justification—VA established
standardized Guardians Ad Litem, for
Representation.VA may disclose
information to a fiduciary or guardian
ad litem in relation to his or her
representation of a claimant in any legal
proceeding, but only to the extent
necessary to fulfill the duties of the
fiduciary or guardian ad litem. This
disclosure permits VA to provide
individual information to an appointed
VA Federal fiduciary or to the
individual’s guardian ad litem that is
needed to fulfill appointed duties.
Guardians, for Incompetent Veterans.
VA may disclose relevant information
from this system of records in the course
of presenting evidence to a court,
magistrate, or administrative tribunal; in
matters of guardianship, inquests, and
commitments; to private attorneys
representing veterans rated incompetent
in conjunction with issuance of
Certificates of Incompetency; and to
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probation and parole officers in
connection with court-required duties.
Claims Representatives. VA may
disclose information from this system of
records 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, 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. The name and
address of a claimant will not, however,
be disclosed to these individuals under
this routine use if the claimant has not
requested the assistance of an accredited
service organization, claims agent or an
attorney. VA must be able to disclose
this information to accredited service
organizations, VA-approved claim
agents, and attorneys representing
veterans so they can assist veterans by
preparing, presenting, and prosecuting
claims under the laws administered by
VA.
Third Party, for Benefit or Discharge.
Health care information concerning a
non-judicially declared incompetent
patient may be disclosed to a third party
upon the written authorization of the
patient’s next of kin in order for the
patient, or, consistent with the best
interest of the patient, a member of the
patient’s family, to receive a benefit to
which the patient or family member is
entitled, or, to arrange for the patient’s
discharge from a VA medical facility.
Sufficient data to make an informed
determination will be made available to
such next of kin. If the patient’s next of
kin are not reasonably accessible, the
Chief of Staff, Director, or designee of
the custodial VA medical facility may
disclose health information for these
purposes.
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 July
25, 2023 for publication.
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Dated: August 28, 2023.
Amy L. Rose,
Government Information Specialist, VA
Privacy Service, Office of Compliance, Risk
and Remediation, Office of Information and
Technology, Department of Veterans Affairs.
SYSTEM NAME:
‘‘Individuals Submitting InvoicesVouchers for Payment and Accounting
Transactional Data-VA’’ (13VA047).
SECURITY CLASSIFICATION:
The information in this system is
unclassified.
SYSTEM LOCATION:
VA Data Processing Center, Austin,
Texas and fiscal offices of Central
Office; field stations where fiscal
transactions are processed; and
application servers located in the VA
managed enterprise service cloud
enclave.
SYSTEM MANAGER(S):
Jonathan Lindow, Information System
Owner, VA Financial Services Center
(FSC), 7600 Metropolis Dr., Austin, TX
78744, Jonathan.Lindow@va.gov, (512)
981–4871. Pamela Smith, VA FSC
Privacy Officer, Financial Services
Center, 7600 Metropolis Dr., Austin, TX
78744, Pamela.Smith6@va.gov, (512)
937–4824.
AUTHORITY FOR MAINTENANCE OF THE SYSTEM:
31 U.S. Code 3512- Executive Agency
Accounting and other Financial
Management Reports and Plans; Federal
Managers’ Financial Integrity Act
section 2 of 1982; Federal Financial
Management Improvement Act of 1996;
E-Government Act of 2002 title III.,
Federal Information Security
Modernization Act (FISMA) of 2014;
Clinger Cohen Act of 1996; 38 CFR part
17 17.120–17.132; OMB Circular A–123,
Management’s Responsibility for
Internal Control.
PURPOSE(S) OF THE SYSTEM:
Individuals Submitting InvoicesVouchers for Payment and Accounting
Transactional Data-VA is a VA-wide
financial management system of records
utilized in VA’s IT accounting systems
for payment of benefits, vendor
payments, invoice payment processing,
and payroll purposes. Information is
collected from recipients, vendors, VA
administrations, medical centers, and
other Federal entities for rendering
payment.
CATEGORIES OF INDIVIDUALS COVERED BY THE
SYSTEM:
VA Employees, VA Contractors, VA
Volunteers, Veterans or Dependents,
and Members of the Public and
Individuals.
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CATEGORIES OF RECORDS IN THE SYSTEM:
Commercial Vendor identification
listings, invoiced payment records,
claimant information, and banking and
financial accounting information,
including Full name, Address, Phone
Number, Social Security Number,
Medical Records, Claim/Statement
Number, Date of Service, Beneficiary
Information, Email Address, Date of
Birth, Driver License (Number and
State), License Plate, Place of Birth
(City, State and Country), Banking
Information (Routing/Bank Account
Number, and Bank Name), Charge Card
Number, Emergency Contact
Information, and Unique Entity
Identifier (UEI).
RECORD SOURCE CATEGORIES:
Commercial vendors; individual or
legal representative as part of an
application for a benefit, contract or
reimbursement; Data could potentially
be obtained from a VA administration,
facility and/or medical center;
Department of the Treasury; Internal
Revenue Service; and other Federal
entities.
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ROUTINE USES OF RECORDS MAINTAINED IN THE
SYSTEM, INCLUDING CATEGORIES OF USERS AND
THE PURPOSES OF SUCH USES:
1. Congress: 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: 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 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: 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
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systems, programs, and operations), the
Federal Government, or national
security, resulting from a suspected or
confirmed breach.
4. Law Enforcement: 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, provided that the disclosure is
limited to 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. 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: 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: 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: 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: 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: 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
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60273
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: 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: 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: 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.
13. Federal Agencies, Courts,
Litigants, for Litigation or
Administrative Proceedings: To another
federal agency, court, or party in
litigation before a court or in an
administrative proceeding conducted by
a Federal agency, when the government
is a party to the judicial or
administrative proceeding.
14. Health Care Providers, for Referral
by VA: To: (1) a federal agency or health
care provider when VA refers a patient
for medical and other health services, or
authorizes a patient to obtain such
services and the information is needed
by the federal agency or health care
provider to perform the services; or (2)
a federal agency or to health care
provider under the provisions of 38
U.S.C. 513, 7409, 8111, or 8153, when
treatment is rendered by VA under the
terms of such contract or agreement or
the issuance of an authorization, and the
information is needed for purposes of
medical treatment or follow-up,
determination of eligibility for benefits,
or recovery by VA of the costs of the
treatment.
15. Health Care Providers, for Referral
to VA: To a non-VA health care provider
when that health care provider has
referred the individual to VA for
medical or other health services.
16. Federal Agencies, for Recovery of
Medical Care Costs: To Federal agencies
and government-wide third-party
insurers responsible for payment of the
cost of medical care for the identified
patients, to seek recovery of the medical
care costs. These records may also be
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disclosed as part of a computer
matching program to accomplish this
purpose.
17. Treasury, for Withholding: To the
Department of the Treasury for the
collection of title 38 benefit
overpayments, overdue indebtedness, or
costs of services provided to an
individual not entitled to such services,
by the withholding of all or a portion of
the person’s Federal income tax refund,
provided that the disclosure is limited
to information concerning an
individual’s indebtedness by virtue of a
person’s participation in a benefits
program administered by VA.
18. Treasury, to Report Waived Debt
as Income: To the Department of the
Treasury as a report of income under 26
U.S.C. 61(a)(12), provided that the
disclosure is limited to information
concerning an individual’s indebtedness
that is waived under 38 U.S.C. 3102,
compromised under 4 CFR part 103,
otherwise forgiven, or for which the
applicable statute of limitations for
enforcing collection has expired.
19. Treasury, for Payment or
Reimbursement: To the Department of
the Treasury to facilitate payments to
physicians, clinics, and pharmacies for
reimbursement of services rendered or
to veterans for reimbursement of
authorized expenses, as well as to
collect, by set off or otherwise, debts
owed the United States.
20. Guardians Ad Litem, for
Representation: To a fiduciary or
guardian ad litem in relation to his or
her representation of a claimant in any
legal proceeding as relevant and
necessary to fulfill the duties of the
fiduciary or guardian ad litem.
21. Guardians, Courts, for
Incompetent Veterans: To a court,
magistrate, or administrative tribunal in
matters of guardianship, inquests, and
commitments; to private attorneys
representing veterans rated incompetent
in conjunction with issuance of
Certificates of Incompetency; or to
probation and parole officers in
connection with court-required duties.
22. Claims Representatives: To
accredited service organizations, VAapproved 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
upon the request of the claimant and
provided that the disclosure is limited
to information relevant to a claim, 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.
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18:04 Aug 30, 2023
Jkt 259001
23. Third Party, for Benefit or
Discharge: To a third party upon the
written request of the patient’s next-ofkin in order for a non-judicially
declared incompetent patient or,
consistent with the best interest of the
patient, a member of the patient’s family
to receive a benefit to which the patient
or family member is entitled or to
arrange for the patient’s discharge from
a VA medical facility. Sufficient data to
make an informed determination will be
made available to such next-of-kin. If
the patient’s next-of-kin is not
reasonably accessible, the Chief of Staff,
Director, or designee of the custodial VA
medical facility may disclose the
information for these purposes.
POLICIES AND PRACTICES FOR STORAGE OF
RECORDS:
Records are stored electronically on a
VA server, in paper folders, magnetic
discs, magnetic tape, and in a
momentum cloud application. Paper
documents may be scanned/digitized
and stored for viewing electronically.
POLICIES AND PRACTICES FOR RETRIEVAL OF
RECORDS:
Alphabetically by name and
numerically by identification number.
Access to the records is restricted to VA
Finance employees. These records are
protected from outside access by
Federal Protective Service.
POLICIES AND PRACTICES FOR RETENTION AND
DISPOSAL OF RECORDS:
Individuals Submitting InvoicesVouchers for Payment and Accounting
Transactional Data-VA system of
records is retained as defined by its
NARA approved the General Records
Schedule (GRS) GRS 1.1: Financial
Management and Reporting Records,
item 010. Unscheduled records within
this System of Records are indefinitely
retained within the rules GRS, ERA
Number DAA–GRS–2013–0003–0001
(Financial transaction records). Per
NARA practice, documentation for
permanent electronic records must be
transferred with the related records
using the disposition authority of the
related electronic records rather than
the GRS disposition authority.
ADMINISTRATIVE, TECHNICAL, AND PHYSICAL
SAFEGUARDS:
VA will store records produced
within this system of records in an area
that is physically and technologically
secure from access by unauthorized
persons at all times. Only authorized
personnel will transport records within
this system of records. VA will process
records produced within this system of
records under immediate supervision
and control of authorized personnel in
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Fmt 4703
Sfmt 4703
a manner that will protect the
confidentiality of the records, so that
unauthorized persons cannot retrieve
any records by computer, remote
terminal, or other means. VA will store
records using FIPS 140–2 compliant
encryption. Systems personnel must
enter personal identification numbers
when accessing records on the agencies’
systems. VA will strictly limit
authorization to those electronic records
areas necessary for the authorized
analyst to perform his or her official
duties.
RECORD ACCESS PROCEDURES:
An individual wanting notification or
access, including contesting the record,
should mail or deliver a request to the
office identified in the SORN. If an
individual does not know the ‘‘office
concerned,’’ the request may be
addressed to the following with below
requirements: PO or FOIA/PO of any VA
field station or the Department of
Veterans Affairs Central Office, 810
Vermont Avenue NW, Washington, DC
20420. The receiving office must
promptly forward the mail request
received to the office of jurisdiction
clearly identifying it as ‘‘Privacy Act
Request’’ and notify the requester of the
referral. Approved VA authorization
forms may be provided to individuals
for use.
CONTESTING RECORD PROCEDURES:
An individual may request
amendment of a record pertaining to
him or her contained in a specific VA
system of records by mailing or
delivering the request to the office
concerned. The request must be in
writing and must conform to the
following requirements: It must state the
nature of the information in the record
the individual believes to be inaccurate,
irrelevant, untimely, or incomplete; why
the record should be changed; and the
amendment desired. The requester must
be advised of the title and address of the
VA official who can assist in preparing
the request to amend the record if
assistance is desired. Not later than
business 10 days after the date of a
request to amend a record, the VA
official concerned will acknowledge in
writing such receipt. If a determination
for correction or amendment has not
been made, the acknowledgement will
inform the individual of when to expect
information regarding the action taken
on the request. VA will complete a
review of the request to amend or
correct a record within 30 business days
of the date of receipt. Where VA agrees
with the individual’s request to amend
his or her record(s), the requirements of
5 U.S.C. 552a(d) will be followed. The
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record(s) will be corrected promptly,
and the individual will be advised
promptly of the correction.
If the record has previously been
disclosed to any person or agency, and
an accounting of the disclosure was
made, prior recipients of the record will
be informed of the correction. An
approved VA notification of amendment
form letter may be used for this purpose.
An individual wanting notification or
access, including contesting the record,
should mail or deliver a request to the
Privacy Office or FOIA/Privacy Office of
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any VA field station or the Department
of Veterans Affairs Central Office, 810
Vermont Avenue NW, Washington, DC
20420.
NOTIFICATION PROCEDURES:
Notification for correcting the
information will be accomplished by
informing the individual to whom the
record pertains by mail. The individual
making the amendment must be advised
in writing that the record has been
amended and provided with a copy of
the amended record. System Manager
for the concerned VA system of records,
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Frm 00108
Fmt 4703
Sfmt 9990
60275
Privacy Officer, or their designee, will
notify the relevant persons or
organizations who had previously
received the record about the
amendment.
EXEMPTIONS PROMULGATED FOR THE SYSTEM:
N/A
HISTORY:
Last full publication provided in 85
FR 22788 dated April 23, 2020.
[FR Doc. 2023–18807 Filed 8–30–23; 8:45 am]
BILLING CODE P
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Agencies
[Federal Register Volume 88, Number 168 (Thursday, August 31, 2023)]
[Notices]
[Pages 60269-60275]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-18807]
-----------------------------------------------------------------------
DEPARTMENT OF VETERANS AFFAIRS
Privacy Act of 1974; System of Records
AGENCY: Department of Veterans Affairs (VA), Office of Information of
Technology, Financial Service Center (FSC).
ACTION: Notice of modified system of records.
-----------------------------------------------------------------------
SUMMARY: Individuals Submitting Invoices-Vouchers for Payment and
Accounting Transactional Data-VA (13VA047) is a compilation of records
[[Page 60270]]
received, controlled, managed, and employed for payment processing;
general accounting; benefit payment distribution to veterans and their
families; commercial vendor invoices for contract and reimbursement
expenditures; payroll payments; and commercial government procurement
and contracting data.
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.Regulation.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 ``Individuals Submitting Invoices-Vouchers
for Payment and Accounting Transactional Data-VA'' (13VA047). 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: Jonathan Lindow, Director, Operations
and Management Division, Financial Services Center, 7600 Metropolis
Dr., Austin, TX 78744, [email protected], 512-568-0626.
SUPPLEMENTARY INFORMATION: The Point-of-Contact (POC), system manager
and routine uses are being modified in this ``Individuals Submitting
Invoices Vouchers for Payment and Accounting Transactional Data-VA''
(13VA047), along with some changes to covered systems. Individuals
Submitting Invoices-Vouchers for Payment and Accounting Transactional
Data-VA is a VA-wide financial management system of records utilized in
VA's IT accounting systems for payment of benefits, vendor payments,
invoice payment processing, payroll purposes, and acquisition records
pertinent to maintaining acquisition methods, costs and processes.
Information is collected from recipients, vendors, VA administrations,
medical centers, and other Federal entities for rendering payment. This
includes information on businesses and persons as a business conducting
business with VA. Business/person's names may be duplicative requiring
another method to ensure the correct business/person is identified.
Data Universal Numbers (DUNs), Unique Entity Identifier (UEI) and/or
Tax Identification Numbers (TINs) or Employment Identification Numbers
(EIN) are used by businesses. In some cases, persons will use their
social security number (SSN) as the TIN.
Updated authorities by which the data is collected are 31 U.S. Code
3512--Executive Agency Accounting and other Financial Management
Reports and Plans; Federal Managers' Financial Integrity Act section 2
of 1982; Federal Financial Management Improvement Act of 1996; E-
Government Act of 2002 title III., Federal Information Security
Management Act (FISMA); Clinger Cohen Act of 1996; 38 CFR part 17
17.120-17.132; OMB Circular A-123, Management's Responsibility for
Internal Control.
Additional Routine Uses were added based on revised guidelines to
A-108 and updated standards for agency breach notification. Moreover,
VA must be able to provide 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). VA will administer
financial and transactional information through benefit disbursement
consuming HIPPA related data thus amending the routine uses to include:
14. Federal Agencies, Hospitals, for Referral by VA.; 15. Non-VA Doc,
for Referral to VA; 25. Claims Representatives; and 26. Third Party,
for Benefit or Discharge. Location of the system of records is a
notable change to being stored, managed, and secured within a momentum
cloud application.
Numerical order of routine uses from original SORN listing to
revised version is amended to the below agency standardized format
including the first ten routine uses:
1. Congress.
2. Data breach response and remedial efforts.
3. Data breach response and remedial efforts with another Federal
agency.
4. Law Enforcement.
5. Litigation.
6. Contractors.
7. EEOC.
8. FLRA.
9. MSPB.
10. NARA & GSA.
Data breach response and remedial efforts. 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) the
Department has determined that as a result of the suspected or
confirmed compromise there is a risk of harm to individuals, the
Department (including its information systems, programs, and
operations), the Federal Government, or national security; 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 and, in accordance
with Veterans Benefits, Health Care, and Information Technology Act of
2006 5723-5724.
Data breach response and remedial efforts, for another Federal
agency. VA may, on its own initiative, 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. In accordance with 38 U.S.C. 5723, VA will ensure
that the Assistant Secretary for Information and Technology, in
coordination with the Under Secretaries, Assistant Secretaries, and
other key officials of the Department report to Congress, the Office of
Management and Budget, and other entities as required by law and this
section of the regulation to cooperate with notify and cooperate with
officials other than officials of the Department of
[[Page 60271]]
data breaches when required. Use of information is necessary and proper
to initiate investigations into confirmed data breaches involving other
executive branch agencies.
Law Enforcement. 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. 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. Use of information
is necessary and proper to cooperate with other federal agencies while
prosecuting civil, criminal or regulatory violations of law.
Litigation. 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.
Contractors. VA may disclose information from this system of
records 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., 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 also applies to agreements
that do not qualify as contracts defined by Federal procurement laws
and regulations. 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 by contract or agreement, and performing
duties on behalf of VA.
EEOC. VA may disclose information from this system to the Equal
Employment Opportunity Commission (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, and to protect VA employee rights.
FLRA. VA may disclose information from this system to the Federal
Labor Relations Authority (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. VA must be able to provide information to
FLRA to comply with the statutory mandate under which it operates and
to cooperate with labor relation investigations.
MSPB. VA may disclose information from this system to the Merit
Systems Protection Board (MSPB) 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 and to cooperate with Merit Systems
Protection Board concerning allegations of prohibited personnel
practices. Disclosure may be made to a congressional office from the
record of an individual in response to an inquiry from the
congressional office made at the request of that individual.
Federal Agencies, for Computer Matches. VA may disclose identifying
information, including social security number, concerning veterans,
spouses of veterans, and the beneficiaries of veterans to other federal
agencies for the purpose of conducting computer matches to obtain
information to determine or verify eligibility of veterans receiving VA
medical care under Title 38, U.S.C. VA must be able to provide limited
personally identifiable information to other federal agencies for
computer matching activities for the purpose of benefit payments to
veterans and beneficiaries.
Federal Agencies, Hospitals, for Referral by VA. VA may disclose
relevant health care information to: (1) a federal agency or non-VA
health care provider or institution when VA refers a patient for
hospital or nursing home care or medical services, or authorizes a
patient to obtain non-VA medical services and the information is needed
by the federal agency or non-VA institution on provider to perform the
services; or (2) a federal agency or to a non-VA hospital (federal,
state, and local public or private) or other medical installation
having hospital facilities, organ banks, blood banks, or similar
institutions, medical schools or clinics, or other groups or
individuals that have contracted or agreed to provide medical services
or share the use of medical resources under the provisions of 38 U.S.C.
513, 7409, 8111, or 8153, when treatment is rendered by VA under the
terms of such contract or agreement or the issuance of an
authorization, and the information is needed for purposes of medical
treatment and/or follow-up, determining entitlement to a benefit, or
for VA to effect recovery of the costs of the medical care. VA must be
able to provide patient referral information for authorized hospital
and/or nursing home care to a non-VA medical services provider for
recovery of the costs of the medical care.
Federal Agencies, for Recovery of Medical Care Costs. VA may
disclose patient identifying information to federal agencies and VA and
government-wide third-party insurers responsible for payment of the
cost of medical care for the identified patients, in order for VA to
seek recovery of the medical care costs. These records may also be
disclosed as part of a computer matching program to accomplish this
purpose. Use of information is necessary
[[Page 60272]]
and proper as data within this system does not exclusively include
financial, transactional, and benefit payout data.
Treasury, IRS. VA may disclose the name of a veteran or
beneficiary, other information as is reasonably necessary to identify
such individual, and any other information concerning the individual's
indebtedness by virtue of a person's participation in a benefits
program administered by VA, may be disclosed to the Department of the
Treasury, Internal Revenue Service, for the collection of Title 38
benefit overpayments, overdue indebtedness, and/or costs of services
provided to an individual not entitled to such services, by the
withholding of all or a portion of the person's Federal income tax
refund. The purpose of this disclosure is to collect a debt owed the VA
by an individual by offset of his or her Federal income tax refund.
Treasury, to Report Waived Debt as Income. VA may disclose an
individual's name, address, social security number, and the amount
(excluding interest) of any indebtedness which is waived under 38
U.S.C. 3102, compromised under 4 CFR part 103, otherwise forgiven, or
for which the applicable statute of limitations for enforcing
collection has expired, to the Department of the Treasury, Internal
Revenue Service, as a report of income under 26 U.S.C. 61(a)(12).
Treasury, for Payment or Reimbursement. VA may disclose information
to the Department of the Treasury to facilitate payments to physicians,
clinics, and pharmacies for reimbursement of services rendered, and to
veterans for reimbursements of authorized expenses, or to collect, by
set off or otherwise, debts owed the United States. Justification--VA
established standardized Guardians Ad Litem, for Representation.VA may
disclose information to a fiduciary or guardian ad litem in relation to
his or her representation of a claimant in any legal proceeding, but
only to the extent necessary to fulfill the duties of the fiduciary or
guardian ad litem. This disclosure permits VA to provide individual
information to an appointed VA Federal fiduciary or to the individual's
guardian ad litem that is needed to fulfill appointed duties.
Guardians, for Incompetent Veterans. VA may disclose relevant
information from this system of records in the course of presenting
evidence to a court, magistrate, or administrative tribunal; in matters
of guardianship, inquests, and commitments; to private attorneys
representing veterans rated incompetent in conjunction with issuance of
Certificates of Incompetency; and to probation and parole officers in
connection with court-required duties.
Claims Representatives. VA may disclose information from this
system of records 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, 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. The name and
address of a claimant will not, however, be disclosed to these
individuals under this routine use if the claimant has not requested
the assistance of an accredited service organization, claims agent or
an attorney. VA must be able to disclose this information to accredited
service organizations, VA-approved claim agents, and attorneys
representing veterans so they can assist veterans by preparing,
presenting, and prosecuting claims under the laws administered by VA.
Third Party, for Benefit or Discharge. Health care information
concerning a non-judicially declared incompetent patient may be
disclosed to a third party upon the written authorization of the
patient's next of kin in order for the patient, or, consistent with the
best interest of the patient, a member of the patient's family, to
receive a benefit to which the patient or family member is entitled,
or, to arrange for the patient's discharge from a VA medical facility.
Sufficient data to make an informed determination will be made
available to such next of kin. If the patient's next of kin are not
reasonably accessible, the Chief of Staff, Director, or designee of the
custodial VA medical facility may disclose health information for these
purposes.
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 July 25, 2023 for
publication.
Dated: August 28, 2023.
Amy L. Rose,
Government Information Specialist, VA Privacy Service, Office of
Compliance, Risk and Remediation, Office of Information and Technology,
Department of Veterans Affairs.
SYSTEM NAME:
``Individuals Submitting Invoices-Vouchers for Payment and
Accounting Transactional Data-VA'' (13VA047).
SECURITY CLASSIFICATION:
The information in this system is unclassified.
SYSTEM LOCATION:
VA Data Processing Center, Austin, Texas and fiscal offices of
Central Office; field stations where fiscal transactions are processed;
and application servers located in the VA managed enterprise service
cloud enclave.
SYSTEM MANAGER(s):
Jonathan Lindow, Information System Owner, VA Financial Services
Center (FSC), 7600 Metropolis Dr., Austin, TX 78744,
[email protected], (512) 981-4871. Pamela Smith, VA FSC Privacy
Officer, Financial Services Center, 7600 Metropolis Dr., Austin, TX
78744, [email protected], (512) 937-4824.
AUTHORITY FOR MAINTENANCE OF THE SYSTEM:
31 U.S. Code 3512- Executive Agency Accounting and other Financial
Management Reports and Plans; Federal Managers' Financial Integrity Act
section 2 of 1982; Federal Financial Management Improvement Act of
1996; E-Government Act of 2002 title III., Federal Information Security
Modernization Act (FISMA) of 2014; Clinger Cohen Act of 1996; 38 CFR
part 17 17.120-17.132; OMB Circular A-123, Management's Responsibility
for Internal Control.
PURPOSE(S) OF THE SYSTEM:
Individuals Submitting Invoices-Vouchers for Payment and Accounting
Transactional Data-VA is a VA-wide financial management system of
records utilized in VA's IT accounting systems for payment of benefits,
vendor payments, invoice payment processing, and payroll purposes.
Information is collected from recipients, vendors, VA administrations,
medical centers, and other Federal entities for rendering payment.
CATEGORIES OF INDIVIDUALS COVERED BY THE SYSTEM:
VA Employees, VA Contractors, VA Volunteers, Veterans or
Dependents, and Members of the Public and Individuals.
[[Page 60273]]
CATEGORIES OF RECORDS IN THE SYSTEM:
Commercial Vendor identification listings, invoiced payment
records, claimant information, and banking and financial accounting
information, including Full name, Address, Phone Number, Social
Security Number, Medical Records, Claim/Statement Number, Date of
Service, Beneficiary Information, Email Address, Date of Birth, Driver
License (Number and State), License Plate, Place of Birth (City, State
and Country), Banking Information (Routing/Bank Account Number, and
Bank Name), Charge Card Number, Emergency Contact Information, and
Unique Entity Identifier (UEI).
RECORD SOURCE CATEGORIES:
Commercial vendors; individual or legal representative as part of
an application for a benefit, contract or reimbursement; Data could
potentially be obtained from a VA administration, facility and/or
medical center; Department of the Treasury; Internal Revenue Service;
and other Federal entities.
ROUTINE USES OF RECORDS MAINTAINED IN THE SYSTEM, INCLUDING CATEGORIES
OF USERS AND THE PURPOSES OF SUCH USES:
1. Congress: 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: To appropriate
agencies, entities, and persons when (1) VA suspects or has confirmed
that there has been a breach of the system of records,[middot] (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 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: 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: 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,
provided that the disclosure is limited to 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. 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: 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: 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: 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: 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: 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: 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: 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: 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.
13. Federal Agencies, Courts, Litigants, for Litigation or
Administrative Proceedings: To another federal agency, court, or party
in litigation before a court or in an administrative proceeding
conducted by a Federal agency, when the government is a party to the
judicial or administrative proceeding.
14. Health Care Providers, for Referral by VA: To: (1) a federal
agency or health care provider when VA refers a patient for medical and
other health services, or authorizes a patient to obtain such services
and the information is needed by the federal agency or health care
provider to perform the services; or (2) a federal agency or to health
care provider under the provisions of 38 U.S.C. 513, 7409, 8111, or
8153, when treatment is rendered by VA under the terms of such contract
or agreement or the issuance of an authorization, and the information
is needed for purposes of medical treatment or follow-up, determination
of eligibility for benefits, or recovery by VA of the costs of the
treatment.
15. Health Care Providers, for Referral to VA: To a non-VA health
care provider when that health care provider has referred the
individual to VA for medical or other health services.
16. Federal Agencies, for Recovery of Medical Care Costs: To
Federal agencies and government-wide third-party insurers responsible
for payment of the cost of medical care for the identified patients, to
seek recovery of the medical care costs. These records may also be
[[Page 60274]]
disclosed as part of a computer matching program to accomplish this
purpose.
17. Treasury, for Withholding: To the Department of the Treasury
for the collection of title 38 benefit overpayments, overdue
indebtedness, or costs of services provided to an individual not
entitled to such services, by the withholding of all or a portion of
the person's Federal income tax refund, provided that the disclosure is
limited to information concerning an individual's indebtedness by
virtue of a person's participation in a benefits program administered
by VA.
18. Treasury, to Report Waived Debt as Income: To the Department of
the Treasury as a report of income under 26 U.S.C. 61(a)(12), provided
that the disclosure is limited to information concerning an
individual's indebtedness that is waived under 38 U.S.C. 3102,
compromised under 4 CFR part 103, otherwise forgiven, or for which the
applicable statute of limitations for enforcing collection has expired.
19. Treasury, for Payment or Reimbursement: To the Department of
the Treasury to facilitate payments to physicians, clinics, and
pharmacies for reimbursement of services rendered or to veterans for
reimbursement of authorized expenses, as well as to collect, by set off
or otherwise, debts owed the United States.
20. Guardians Ad Litem, for Representation: To a fiduciary or
guardian ad litem in relation to his or her representation of a
claimant in any legal proceeding as relevant and necessary to fulfill
the duties of the fiduciary or guardian ad litem.
21. Guardians, Courts, for Incompetent Veterans: To a court,
magistrate, or administrative tribunal in matters of guardianship,
inquests, and commitments; to private attorneys representing veterans
rated incompetent in conjunction with issuance of Certificates of
Incompetency; or to probation and parole officers in connection with
court-required duties.
22. Claims Representatives: 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 upon the request of the claimant and provided that
the disclosure is limited to information relevant to a claim, 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.
23. Third Party, for Benefit or Discharge: To a third party upon
the written request of the patient's next-of-kin in order for a non-
judicially declared incompetent patient or, consistent with the best
interest of the patient, a member of the patient's family to receive a
benefit to which the patient or family member is entitled or to arrange
for the patient's discharge from a VA medical facility. Sufficient data
to make an informed determination will be made available to such next-
of-kin. If the patient's next-of-kin is not reasonably accessible, the
Chief of Staff, Director, or designee of the custodial VA medical
facility may disclose the information for these purposes.
POLICIES AND PRACTICES FOR STORAGE OF RECORDS:
Records are stored electronically on a VA server, in paper folders,
magnetic discs, magnetic tape, and in a momentum cloud application.
Paper documents may be scanned/digitized and stored for viewing
electronically.
POLICIES AND PRACTICES FOR RETRIEVAL OF RECORDS:
Alphabetically by name and numerically by identification number.
Access to the records is restricted to VA Finance employees. These
records are protected from outside access by Federal Protective
Service.
POLICIES AND PRACTICES FOR RETENTION AND DISPOSAL OF RECORDS:
Individuals Submitting Invoices-Vouchers for Payment and Accounting
Transactional Data-VA system of records is retained as defined by its
NARA approved the General Records Schedule (GRS) GRS 1.1: Financial
Management and Reporting Records, item 010. Unscheduled records within
this System of Records are indefinitely retained within the rules GRS,
ERA Number DAA-GRS-2013-0003-0001 (Financial transaction records). Per
NARA practice, documentation for permanent electronic records must be
transferred with the related records using the disposition authority of
the related electronic records rather than the GRS disposition
authority.
ADMINISTRATIVE, TECHNICAL, AND PHYSICAL SAFEGUARDS:
VA will store records produced within this system of records in an
area that is physically and technologically secure from access by
unauthorized persons at all times. Only authorized personnel will
transport records within this system of records. VA will process
records produced within this system of records under immediate
supervision and control of authorized personnel in a manner that will
protect the confidentiality of the records, so that unauthorized
persons cannot retrieve any records by computer, remote terminal, or
other means. VA will store records using FIPS 140-2 compliant
encryption. Systems personnel must enter personal identification
numbers when accessing records on the agencies' systems. VA will
strictly limit authorization to those electronic records areas
necessary for the authorized analyst to perform his or her official
duties.
RECORD ACCESS PROCEDURES:
An individual wanting notification or access, including contesting
the record, should mail or deliver a request to the office identified
in the SORN. If an individual does not know the ``office concerned,''
the request may be addressed to the following with below requirements:
PO or FOIA/PO of any VA field station or the Department of Veterans
Affairs Central Office, 810 Vermont Avenue NW, Washington, DC 20420.
The receiving office must promptly forward the mail request received to
the office of jurisdiction clearly identifying it as ``Privacy Act
Request'' and notify the requester of the referral. Approved VA
authorization forms may be provided to individuals for use.
CONTESTING RECORD PROCEDURES:
An individual may request amendment of a record pertaining to him
or her contained in a specific VA system of records by mailing or
delivering the request to the office concerned. The request must be in
writing and must conform to the following requirements: It must state
the nature of the information in the record the individual believes to
be inaccurate, irrelevant, untimely, or incomplete; why the record
should be changed; and the amendment desired. The requester must be
advised of the title and address of the VA official who can assist in
preparing the request to amend the record if assistance is desired. Not
later than business 10 days after the date of a request to amend a
record, the VA official concerned will acknowledge in writing such
receipt. If a determination for correction or amendment has not been
made, the acknowledgement will inform the individual of when to expect
information regarding the action taken on the request. VA will complete
a review of the request to amend or correct a record within 30 business
days of the date of receipt. Where VA agrees with the individual's
request to amend his or her record(s), the requirements of 5 U.S.C.
552a(d) will be followed. The
[[Page 60275]]
record(s) will be corrected promptly, and the individual will be
advised promptly of the correction.
If the record has previously been disclosed to any person or
agency, and an accounting of the disclosure was made, prior recipients
of the record will be informed of the correction. An approved VA
notification of amendment form letter may be used for this purpose. An
individual wanting notification or access, including contesting the
record, should mail or deliver a request to the Privacy Office or FOIA/
Privacy Office of any VA field station or the Department of Veterans
Affairs Central Office, 810 Vermont Avenue NW, Washington, DC 20420.
NOTIFICATION PROCEDURES:
Notification for correcting the information will be accomplished by
informing the individual to whom the record pertains by mail. The
individual making the amendment must be advised in writing that the
record has been amended and provided with a copy of the amended record.
System Manager for the concerned VA system of records, Privacy Officer,
or their designee, will notify the relevant persons or organizations
who had previously received the record about the amendment.
EXEMPTIONS PROMULGATED FOR THE SYSTEM:
N/A
HISTORY:
Last full publication provided in 85 FR 22788 dated April 23, 2020.
[FR Doc. 2023-18807 Filed 8-30-23; 8:45 am]
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