{"database": "openregs", "table": "cfr_sections", "is_view": false, "human_description_en": "where part_number = 1 and title_number = 38 sorted by section_id", "rows": [["38:38:1.0.1.1.2.0.1.1", 38, "Pensions, Bonuses, and Veterans' Relief", "I", "", "1", "PART 1\u2014GENERAL PROVISIONS", "", "", "", "\u00a7 1.9 Description, use, and display of VA seal and flag.", "VA", "", "", "[55 FR 49518, Nov. 29, 1990]", "(a)  General.  This section describes the official seal and distinguishing flag of the of the Department of Veterans Affairs, and prescribes the rules for their custody and use.\n\n(b)  Definitions.  (1)  VA  means all organizational units of the Department of Veterans Affairs.\n\n(2)  Embossed seal  means an image of the official seal made on paper or other medium by using an embosser with a negative and positive die to create a raised impression.\n\n(3)  Official seal  means the original(s) of the VA seal showing the exact form, content, and colors thereof.\n\n(4)  Replica  means a copy of the official seal displaying the identical form, content, and colors thereof.\n\n(5)  Reproduction  means a copy of the official seal displaying the identical form and content, reproduced in only one color.\n\n(6)  Secretary  means the Secretary of Veterans Affairs.\n\n(7)  Deputy Secretary  means the Deputy Secretary of Veterans Affairs.\n\n(c)  Custody of official seal and distinguishing flags.  The Secretary or designee shall:\n\n(1) Have custody of:\n\n(i) The official seal and prototypes thereof, and masters, molds, dies, and other means of producing replicas, reproductions, and embossing seals and\n\n(ii) Production, inventory, and loan records relating to items specified in paragraph (c)(1)(i) of this section, and\n\n(2) Have custody of distinguishing flags, and be responsible for production, inventory, and loan records thereof.\n\n(d)  Official Seal \u2014(1)  Description of official seal.  The Department of Veterans Affairs prescribes as its official seal, of which judicial notice shall be taken pursuant to 38 U.S.C. 302, the imprint illustrated below:\n\n(i) The official seal includes an American eagle clutching a cord in its talons. The cord binds a 13-star U.S. flag and a 50-star U.S. flag. In the field over the eagle is a pentagon formation of stars, with one point down. The words Department of Veterans Affairs and United States of America surround the eagle, stars, and flags. A rope motif makes up the outermost ring of the seal.\n\n(ii) The eagle represents the eternal vigilance of all our nation's veterans. The stars represent the five branches of military service. The crossed flags represent our nation's history. The gold cord that binds the two flags, which is shown clutched in the eagle's talons is symbolic of those who have fallen in the defense of liberty. Each of the various individual items placed together in the seal is a salute to the past, present, and future.\n\n(iii) The colors used in the configuration are gold, brown, blue, white, silver, yellow, black, and red.\n\n(iv) The colors are derived from the American flag and from nature. By invoking this symbolism, the color scheme represents the Nation's commitment to its veterans.\n\n(2)  Use of the official seal, replicas, reproductions, and embossing seals.  (i) The Secretary or designees are authorized to affix replicas, reproductions, and embossed seals to appropriate documents, certifications, and other material for all purposes as authorized by this section.\n\n(ii) Replicas may be used only for:\n\n(A) Display in or adjacent to VA facilities, in Department auditoriums, presentation rooms, hearing rooms, lobbies, and public document rooms.\n\n(B) Offices of senior officials.\n\n(C) Official VA distinguishing flags, adopted and utilized pursuant to paragraph (e)(2) of this section.\n\n(D) Official awards, certificates, medals, and plaques.\n\n(E) Motion picture film, video tape, and other audiovisual media prepared by or for VA and attributed thereto.\n\n(F) Official prestige publications which represent the achievements or mission of VA.\n\n(G) For other similar official purposes.\n\n(H) For such other purposes as will tend to advance the aims, purposes and mission of the Department of Veterans Affairs as determined by the Secretary or Deputy Secretary.\n\n(iii) Reproductions may be used only on:\n\n(A) VA letterhead stationery.\n\n(B) Official VA identification cards and security credentials.\n\n(C) Business cards for VA employees.\n\n(D) Official VA signs.\n\n(E) Official publications or graphics issued by and attributed to VA, or joint statements of VA with one or more Federal agencies, State or local governments, or foreign governments.\n\n(F) Official awards, certificates, and medals.\n\n(G) Motion picture film, video tape, and other audiovisual media prepared by and for VA and attributed thereto.\n\n(H) For other similar official purposes.\n\n(I) For such other purposes as will tend to advance the aims, purposes and mission of the Department of Veterans Affairs as determined by the Secretary or Deputy Secretary.\n\n(iv) Use of the official seal and embossed seals:\n\n(A) Embossed seals may be used only on VA legal documents, including interagency or intergovernmental agreements with States, foreign patent applications, and similar official documents.\n\n(B) The official seal may be used only for those purposes related to the conduct of Departmental affairs in furtherance of the VA mission.\n\n(e)  Distinguishing flag.  (1) Description of distinguishing flag.\n\n(i) The base or field of the flag shall be blue and a replica of the official seal shall appear on both sides thereof.\n\n(ii) A Class 1 flag shall be of nylon banner, measure 4\u20324\u2033 on the hoist by 5\u20326\u2033 on the fly, exclusive of heading and hems, and be fringed on three edges with nylon fringe, 2\n 1/2 \u2033 wide.\n\n(iii) A Class 2 flag shall be of nylon banner, measure 3\u2032 on the hoist by 5\u2032 on the fly, exclusive of heading and hems, and be fringed on three edges with nylon fringe, 2\n 1/2 \u2033 wide.\n\n(iv) Each flag shall be manufactured in accordance with Department of Veterans Affairs Specification X-497G. The replica of the official seal shall be screen printed or embroidered on both sides.\n\n(2) Use of distinguishing flag. (i) VA distinguishing flags may be used only:\n\n(A) In the offices of the Secretary, Deputy Secretary, Assistant Secretaries, Deputy Assistant Secretaries and heads of field locations designated below:\n\n( 1 ) Regional Offices.\n\n( 2 ) Medical Centers and Outpatient Clinics.\n\n( 3 ) Domiciliaries.\n\n( 4 ) Marketing Centers and Supply Depots.\n\n( 5 ) Data Processing Centers.\n\n( 6 ) National Cemetery Offices.\n\n( 7 ) Other locations as designated by the Deputy Assistant Secretary for Administration.\n\n(B) At official VA ceremonies.\n\n(C) In Department auditoriums, official presentation rooms, hearing rooms, lobbies, public document rooms, and in non-VA facilities in connection with events or displays sponsored by VA, and public appearances of VA officials.\n\n(D) On or in front of VA installation buildings.\n\n(E) Other such official VA purposes or purposes as will tend to advance the aims, purposes and mission of the Department of Veterans Affairs as determined by the Deputy Assistant Secretary for Administration.\n\n(f)  Unauthorized uses of the seal and flag.  (1) The official seal, replicas, reproductions, embossed seals, and the distinguished flag shall not be used, except as authorized by the Secretary or Deputy Secretary, in connection with:\n\n(i) Contractor-operated facilities.\n\n(ii) Souvenir or novelty items.\n\n(iii) Toys or commercial gifts or premiums.\n\n(iv) Letterhead design, except on official Departmental stationery.\n\n(v) Matchbook covers, calendars and similar items.\n\n(vi) Civilian clothing or equipment.\n\n(vii) Any article which may disparage the seal or flag or reflect unfavorably upon VA.\n\n(viii) Any manner which implies Departmental endorsement of commercial products or services, or of the commercial user's policies or activities.\n\n(2) Penalties for unauthorized use. Any person who uses the distinguishing flag, or the official seal, replicas, reproductions or embossed seals in a manner inconsistent with this section shall be subject to the penalty provisions of 18 U.S.C. 506, 701, or 1017, providing penalties for their wrongful use, as applicable."], ["38:38:1.0.1.1.2.0.10.35", 38, "Pensions, Bonuses, and Veterans' Relief", "I", "", "1", "PART 1\u2014GENERAL PROVISIONS", "", "", "", "\u00a7 1.481 Disclosure of medical records of veterans who receive non-VA health care.", "VA", "", "", "[85 FR 64043, Oct. 9, 2020]", "(a) VA may disclose records referred to in 38 U.S.C. 7332(a) to a non-VA entity (including private entities and other Federal agencies) for purposes of providing health care to patients or performing other health care-related activities or functions.\n\n(b) An entity to which a record is disclosed under this section may not disclose or use such record for a purpose other than that for which the disclosure was made or as permitted by law."], ["38:38:1.0.1.1.2.0.10.36", 38, "Pensions, Bonuses, and Veterans' Relief", "I", "", "1", "PART 1\u2014GENERAL PROVISIONS", "", "", "", "\u00a7 1.482 Disclosure of medical records to recover or collect reasonable charges.", "VA", "", "", "[85 FR 64043, Oct. 9, 2020]", "VA may disclose records described in 38 U.S.C. 7332(a) to a third party in order to recover or collect reasonable charges for care furnished to, or paid on behalf of, a patient in connection with a non-service connected disability as permitted by 38 U.S.C. 1729, or for a condition for which recovery is authorized, or with respect to which the United States is deemed to be a third-party beneficiary under the Federal Medical Care Recovery Act (Public Law 87-693, 42 U.S.C. 2651  et seq. )."], ["38:38:1.0.1.1.2.0.10.37", 38, "Pensions, Bonuses, and Veterans' Relief", "I", "", "1", "PART 1\u2014GENERAL PROVISIONS", "", "", "", "\u00a7 1.483 Disclosure of information to participate in state prescription drug monitoring programs.", "VA", "", "", "[78 FR 9592, Feb. 11, 2013]", "Information covered by \u00a7\u00a7 1.460 through 1.499 of this part may be disclosed to State Prescription Drug Monitoring Programs pursuant to the limitations set forth in \u00a7 1.515 of this part."], ["38:38:1.0.1.1.2.0.10.38", 38, "Pensions, Bonuses, and Veterans' Relief", "I", "", "1", "PART 1\u2014GENERAL PROVISIONS", "", "", "", "\u00a7 1.484 Disclosure of medical information to the surrogate of a patient who lacks decision-making capacity.", "VA", "", "", "[76 FR 6696, Feb. 8, 2011, as amended at 85 FR 64043, Oct. 9, 2020]", "A VA medical practitioner may disclose the content of any record of the identity, diagnosis, prognosis, or treatment of a patient that is maintained in connection with the performance of any VA program or activity relating to drug abuse, alcoholism or alcohol abuse, infection with the human immunodeficiency virus, or sickle cell anemia to a surrogate of the patient who is the subject of such record if:\n\n(a) The patient lacks decision-making capacity; and\n\n(b) The practitioner deems the content of the given record necessary for the surrogate to make an informed decision regarding the patient's treatment."], ["38:38:1.0.1.1.2.0.10.39", 38, "Pensions, Bonuses, and Veterans' Relief", "I", "", "1", "PART 1\u2014GENERAL PROVISIONS", "", "", "", "\u00a7 1.485 Medical emergencies.", "VA", "", "", "[60 FR 63929, Dec. 13, 1995, as amended at 85 FR 64043, Oct. 9, 2020]", "(a)  General rule.  Under the procedures required by paragraph (c) of this section, patient identifying information from records covered by \u00a7\u00a7 1.460 through 1.499 of this part may be disclosed to medical personnel who have a need for information about a patient for the purpose of treating a condition which poses an immediate threat to the health of any individual and which requires immediate medical intervention.\n\n(b)  Special rule.  Patient identifying information may be disclosed to medical personnel of the Food and Drug Administration (FDA) who assert a reason to believe that the health of any individual may be threatened by an error in the manufacture, labeling, or sale of a product under FDA jurisdiction, and that the information will be used for the exclusive purpose of notifying patients or their physicians of potential dangers.\n\n(c)  Procedures.  Immediately following disclosure, any VA employee making an oral disclosure under authority of this section shall make an accounting of the disclosure in accordance with the Privacy Act (5 U.S.C. 552a(c) and 38 CFR 1.576(c)) and document the disclosure in the patient's records setting forth in writing:\n\n(1) The name and address of the medical personnel to whom disclosure was made and their affiliation with any health care facility;\n\n(2) The name of the individual making the disclosure;\n\n(3) The date and time of the disclosure;\n\n(4) The nature of the emergency (or error, if the report was to FDA);\n\n(5) The information disclosed; and\n\n(6) The authority for making the disclosure (\u00a7 1.485 of this part)."], ["38:38:1.0.1.1.2.0.10.40", 38, "Pensions, Bonuses, and Veterans' Relief", "I", "", "1", "PART 1\u2014GENERAL PROVISIONS", "", "", "", "\u00a7 1.485a Eye, organ and tissue donation.", "VA", "", "", "[72 FR 48242, Aug. 23, 2007, as amended at 73 FR 65260, Nov. 3, 2008; 85 FR 64043, Oct. 9, 2020]", "A VHA health care facility may disclose the individually-identified medical record information of an individual covered by \u00a7\u00a7 1.460 through 1.499 of this part to an authorized representative of a procurement organization for the purpose of facilitating determination of whether the individual is a suitable potential organ, eye, or tissue donor if:\n\n(a) The individual is currently an inpatient in a VHA health care facility;\n\n(b) The individual is, in the clinical judgment of the individual's primary health care provider, near death or deceased;\n\n(c) The VHA health care facility has a signed agreement with the procurement organization in accordance with the applicable requirements of the United States Department of Health and Human Services (HHS); and\n\n(d) The VHA health care facility has confirmed with HHS that it has certified or recertified the organ procurement organization as provided in the applicable HHS regulations. VA medical centers must verify annually in January of each calendar year with the Food and Drug Administration (FDA) that an eye bank or tissue bank has complied with the FDA registration requirements of 21 CFR part 1271 and that the registration status is active before permitting an eye bank or tissue bank to receive protected health information."], ["38:38:1.0.1.1.2.0.10.41", 38, "Pensions, Bonuses, and Veterans' Relief", "I", "", "1", "PART 1\u2014GENERAL PROVISIONS", "", "", "", "\u00a7 1.486 Disclosure of information related to infection with the human immunodeficiency virus to public health authorities.", "VA", "", "", "[60 FR 63929, Dec. 13, 1995, as amended at 85 FR 64043, Oct. 9, 2020]", "(a) In the case of any record which is maintained in connection with the performance of any program or activity relating to infection with the HIV, information may be disclosed to a Federal, State, or local public health authority, charged under Federal or State law with the protection of the public health, and to which Federal or State law requires disclosure of such record, if a qualified representative of such authority has made a written request that such record be provided as required pursuant to such law for a purpose authorized by such law. In the case of a State law, such law must, in order for VA to be able to release patient name and address information in accordance with 38 U.S.C. 5701(f)(2), provide for a penalty or fine or other sanction to be assessed against those individuals who are subject to the jurisdiction of the public health authority but fail to comply with the reporting requirements.\n\n(b) A person to whom a record is disclosed under this section may not redisclose or use such record for a purpose other than that for which the disclosure was made."], ["38:38:1.0.1.1.2.0.10.42", 38, "Pensions, Bonuses, and Veterans' Relief", "I", "", "1", "PART 1\u2014GENERAL PROVISIONS", "", "", "", "\u00a7 1.487 Disclosure of information related to infection with the human immunodeficiency virus to the spouse or sexual partner of the patient.", "VA", "", "", "[60 FR 63929, Dec. 13, 1995, as amended at 85 FR 64043, Oct. 9, 2020]", "(a) Subject to paragraph (b) of this section, a physician or a professional counselor may disclose information or records indicating that a patient is infected with the HIV if the disclosure is made to the spouse of the patient, or to an individual whom the patient has, during the process of professional counseling or of testing to determine whether the patient is infected with such virus, identified as being a sexual partner of such patient.\n\n(b) A disclosure under this section may be made only if the physician or counselor, after making reasonable efforts to counsel and encourage the patient to provide the information to the spouse or sexual partner, reasonably believes that the patient will not provide the information to the spouse or sexual partner and that the disclosure is necessary to protect the health of the spouse or sexual partner.\n\n(c) A disclosure under this section may be made by a physician or counselor other than the physician or counselor referred to in paragraph (b) of this section if such physician or counselor is unavailable by reason of extended absence or termination of employment to make the disclosure."], ["38:38:1.0.1.1.2.0.10.43", 38, "Pensions, Bonuses, and Veterans' Relief", "I", "", "1", "PART 1\u2014GENERAL PROVISIONS", "", "", "", "\u00a7 1.488 Research activities.", "VA", "", "", "[60 FR 63929, Dec. 13, 1995, as amended at 85 FR 64043, Oct. 9, 2020]", "Subject to the provisions of 38 U.S.C. 5701, 38 CFR 1.500-1.527, the Privacy Act (5 U.S.C. 552a), 38 CFR 1.575-1.584 and the following paragraphs, patient medical record information covered by \u00a7\u00a7 1.460 through 1.499 of this part may be disclosed for the purpose of conducting scientific research.\n\n(a) Information in individually identifiable form may be disclosed from records covered by \u00a7\u00a7 1.460 through 1.499 of this part for the purpose of conducting scientific research if the Under Secretary for Health or designee makes a determination that the recipient of the patient identifying information:\n\n(1) Is qualified to conduct the research.\n\n(2) Has a research protocol under which the information:\n\n(i) Will be maintained in accordance with the security requirements of \u00a7 1.466 of this part (or more stringent requirements); and\n\n(ii) Will not be redisclosed except as permitted under paragraph (b) of this section.\n\n(3) Has furnished a written statement that the research protocol has been reviewed by an independent group of three or more individuals who found that the rights of patients would be adequately protected and that the potential benefits of the research outweigh any potential risks to patient confidentiality posed by the disclosure of records.\n\n(b) A person conducting research may disclose information obtained under paragraph (a) of this section only back to VA and may not identify any individual patient in any report of that research or otherwise disclose patient identities."], ["38:38:1.0.1.1.2.0.10.44", 38, "Pensions, Bonuses, and Veterans' Relief", "I", "", "1", "PART 1\u2014GENERAL PROVISIONS", "", "", "", "\u00a7 1.489 Audit and evaluation activities.", "VA", "", "", "[60 FR 63929, Dec. 13, 1995, as amended at 85 FR 64043, Oct. 9, 2020]", "Subject to the provisions of 38 U.S.C. 5701, 38 CFR 1.500-1.527, the Privacy Act (5 U.S.C. 552a), 38 CFR 1.575-1.584, and the following paragraphs, patient medical records covered by \u00a7\u00a7 1.460 through 1.499 of this part may be disclosed outside VA for the purposes of conducting audit and evaluation activities.\n\n(a)  Records not copies.  If patient records covered by \u00a7\u00a7 1.460 through 1.499 of this part are not copied, patient identifying information may be disclosed in the course of a review of records on VA facility premises to any person who agrees in writing to comply with the limitations on redisclosure and use in paragraph (d) of this section and:\n\n(1) Where audit or evaluation functions are performed by a State or Federal governmental agency on behalf of VA; or\n\n(2) Who is determined by the VA facility director to be qualified to conduct the audit or evaluation activities.\n\n(b)  Copying of records.  Records containing patient identifying information may be copied by any person who:\n\n(1) Agrees in writing to:\n\n(i) Maintain the patient identifying information in accordance with the security requirements provided in \u00a7 1.466 of this part (or more stringent requirements);\n\n(ii) Destroy all the patient identifying information upon completion of the audit or evaluation; and\n\n(iii) Comply with the limitations on disclosure and use in paragraph (d) of this section.\n\n(2) The VA medical facility director determines to be qualified to conduct the audit or evaluation activities.\n\n(c)  Congressional oversight.  Records subject to \u00a7\u00a7 1.460 through 1.499 of this part upon written request may be released to congressional committees or subcommittees for program oversight and evaluation if such records pertain to any matter within the jurisdiction of such committee or subcommittee.\n\n(d)  Limitation on disclosure and use.  Records containing patient identifying information disclosed under this section may be disclosed only back to VA and used only to carry out an audit or evaluation purpose, or, to investigate or prosecute criminal or other activities as authorized by a court order entered under \u00a7 1.494 of this part."], ["38:38:1.0.1.1.2.0.11.45", 38, "Pensions, Bonuses, and Veterans' Relief", "I", "", "1", "PART 1\u2014GENERAL PROVISIONS", "", "", "", "\u00a7 1.490 Legal effect of order.", "VA", "", "", "[60 FR 63929, Dec. 13, 1995, as amended at 85 FR 64043, Oct. 9, 2020]", "The records to which \u00a7\u00a7 1.460 through 1.499 of this part apply may be disclosed if authorized by an appropriate order of a court of competent jurisdiction granted after application showing good cause therefore. In assessing good cause the court is statutorily required to weigh the public interest and the need for disclosure against the injury to the patient or subject, to the physician-patient relationship, and to the treatment services. Upon the granting of such order, the court, in determining the extent to which any disclosure of all or any part of any record is necessary, is required by statute to impose appropriate safeguards against unauthorized disclosure. An order of a court of competent jurisdiction to produce records subject to \u00a7\u00a7 1.460 through 1.499 of this part will not be sufficient unless the order reflects that the court has complied with the requirements of 38 U.S.C. 7332(b)(2)(D). Such an order from a Federal court compels disclosure. However, such an order from a State court only acts to authorize the Secretary to exercise discretion pursuant to 38 U.S.C. 5701(b)(5) and 38 CFR 1.511 to disclose such records. It does not compel disclosure."], ["38:38:1.0.1.1.2.0.11.46", 38, "Pensions, Bonuses, and Veterans' Relief", "I", "", "1", "PART 1\u2014GENERAL PROVISIONS", "", "", "", "\u00a7 1.491 Confidential communications.", "VA", "", "", "[60 FR 63929, Dec. 13, 1995, as amended at 85 FR 64043, Oct. 9, 2020]", "(a) A court order under \u00a7\u00a7 1.490 through 1.499 of this part may authorize disclosure of confidential communications made by a patient to a treatment program in the course of diagnosis, treatment, or referral for treatment only if:\n\n(1) The disclosure is necessary to protect against an existing threat to life or of serious bodily injury, including circumstances which constitute suspected child abuse and neglect and verbal threats against third parties;\n\n(2) The disclosure is necessary in connection with investigation or prosecution of an extremely serious crime, such as one which directly threatens loss of life or serious bodily injury, including homicide, rape, kidnapping, armed robbery, assault with a deadly weapon, or child abuse and neglect; or\n\n(3) The disclosure is in connection with litigation or an administrative proceeding in which the patient offers testimony or other evidence pertaining to the content of the confidential communications.\n\n(b) [Reserved]"], ["38:38:1.0.1.1.2.0.11.47", 38, "Pensions, Bonuses, and Veterans' Relief", "I", "", "1", "PART 1\u2014GENERAL PROVISIONS", "", "", "", "\u00a7 1.492 Order not applicable to records disclosed without consent to researchers, auditors and evaluators.", "VA", "", "", "[60 FR 63929, Dec. 13, 1995, as amended at 85 FR 64043, Oct. 9, 2020]", "A court order under \u00a7\u00a7 1.460 through 1.499 of this part may not authorize qualified personnel, who have received patient identifying information from VA without consent for the purpose of conducting research, audit or evaluation, to disclose that information or use it to conduct any criminal investigation or prosecution of a patient. However, a court order under \u00a7 1.495 of this part may authorize disclosure and use of records to investigate or prosecute VA personnel."], ["38:38:1.0.1.1.2.0.11.48", 38, "Pensions, Bonuses, and Veterans' Relief", "I", "", "1", "PART 1\u2014GENERAL PROVISIONS", "", "", "", "\u00a7 1.493 Procedures and criteria for orders authorizing disclosures for noncriminal purposes.", "VA", "", "", "[60 FR 63929, Dec. 13, 1995, as amended at 85 FR 64043, Oct. 9, 2020]", "(a)  Application.  An order authorizing the disclosure of patient records covered by \u00a7\u00a7 1.460 through 1.499 of this part for purposes other than criminal investigation or prosecution may be applied for by any person having a legally recognized interest in the disclosure which is sought. The application may be filed separately or as part of a pending civil action in which it appears that the patient records are needed to provide evidence. An application must use a fictitious name, such as John Doe, to refer to any patient and may not contain or otherwise disclose any patient identifying information unless the patient is the applicant or has given a written consent (meeting the requirements of \u00a7 1.475 of this part) to disclosure or the court has ordered the record of the proceeding sealed from public scrutiny.\n\n(b)  Notice.  The patient and VA facility from whom disclosure is sought must be given:\n\n(1) Adequate notice in a manner which will not disclose patient identifying information to other persons; and\n\n(2) An opportunity to file a written response to the application, or to appear in person, for the limited purpose of providing evidence on whether the statutory and regulatory criteria for the issuance of the court order are met.\n\n(c)  Review of evidence: Conduct of hearing.  Any oral argument, review of evidence, or hearing on the application must be held in the judge's chambers or in some manner which ensures that patient identifying information is not disclosed to anyone other than a party to the proceeding, the patient, or VA, unless the patient requests an open hearing in a manner which meets the written consent requirements of \u00a7 1.475 of this part. The proceeding may include an examination by the judge of the patient records referred to in the application.\n\n(d)  Criteria for entry of order.  An order under this section may be entered only if the court determines that good cause exists. To make this determination the court must find that:\n\n(1) Other ways of obtaining the information are not available or would not be effective; and\n\n(2) The public interest and need for the disclosure outweigh the potential injury to the patient, the physician-patient relationship and the treatment services.\n\n(e)  Content of order.  An order authorizing a disclosure must:\n\n(1) Limit disclosure to those parts of the patient's record which are essential to fulfill the objective of the order;\n\n(2) Limit disclosure to those persons whose need for information is the basis for the order; and\n\n(3) Include such other measures as are necessary to limit disclosure for the protection of the patient, the physician-patient relationship and the treatment services; for example, sealing from public scrutiny the record of any proceeding for which disclosure of a patient's record has been ordered."], ["38:38:1.0.1.1.2.0.11.49", 38, "Pensions, Bonuses, and Veterans' Relief", "I", "", "1", "PART 1\u2014GENERAL PROVISIONS", "", "", "", "\u00a7 1.494 Procedures and criteria for orders authorizing disclosure and use of records to criminally investigate or prosecute patients.", "VA", "", "", "[60 FR 63929, Dec. 13, 1995, as amended at 85 FR 64043, Oct. 9, 2020]", "(a)  Application.  An order authorizing the disclosure or use of patient records covered by \u00a7\u00a7 1.460 through 1.499 of this part to criminally investigate or prosecute a patient may be applied for by VA or by any person conducting investigative or prosecutorial activities with respect to the enforcement of criminal laws. The application may be filed separately, as part of an application for a subpoena or other compulsory process, or in a pending criminal action. An application must use a fictitious name such as John Doe, to refer to any patient and may not contain or otherwise disclose patient identifying information unless the court has ordered the record of the proceeding sealed from public scrutiny.\n\n(b)  Notice and hearing.  Unless an order under \u00a7 1.495 of this part is sought with an order under this section, VA must be given:\n\n(1) Adequate notice (in a manner which will not disclose patient identifying information to third parties) of an application by a person performing a law enforcement function;\n\n(2) An opportunity to appear and be heard for the limited purpose of providing evidence on the statutory and regulatory criteria for the issuance of the court order; and\n\n(3) An opportunity to be represented by counsel.\n\n(c)  Review of evidence: Conduct of hearings.  Any oral argument, review of evidence, or hearing on the application shall be held in the judge's chambers or in some other manner which ensures that patient identifying information is not disclosed to anyone other than a party to the proceedings, the patient, or VA. The proceeding may include an examination by the judge of the patient records referred to in the application.\n\n(d)  Criteria.  A court may authorize the disclosure and use of patient records for the purpose of conducting a criminal investigation or prosecution of a patient only if the court finds that all of the following criteria are met:\n\n(1) The crime involved is extremely serious, such as one which causes or directly threatens loss of life or serious bodily injury including, but not limited to, homicide, rape, kidnapping, armed robbery, assault with a deadly weapon, and child abuse and neglect.\n\n(2) There is a reasonable likelihood that the records will disclose information of substantial value in the investigation or prosecution.\n\n(3) Other ways of obtaining the information are not available or would not be effective.\n\n(4) The potential injury to the patient, to the physician-patient relationship and to the ability of VA to provide services to other patients is outweighed by the public interest and the need for the disclosure.\n\n(5) If the applicant is a person performing a law enforcement function, VA has been represented by counsel independent of the applicant.\n\n(e)  Content of order.  Any order authorizing a disclosure or use of patient records under this section must:\n\n(1) Limit disclosure and use to those parts of the patient's record which are essential to fulfill the objective of the order;\n\n(2) Limit disclosure to those law enforcement and prosecutorial officials who are responsible for, or are conducting, the investigation or prosecution, and limit their use of the records to investigation and prosecution of extremely serious crime or suspected crime specified in the applications; and\n\n(3) Include such other measures as are necessary to limit disclosure and use to the fulfillment on only that public interest and need found by the court."], ["38:38:1.0.1.1.2.0.11.50", 38, "Pensions, Bonuses, and Veterans' Relief", "I", "", "1", "PART 1\u2014GENERAL PROVISIONS", "", "", "", "\u00a7 1.495 Procedures and criteria for orders authorizing disclosure and use of records to investigate or prosecute VA or employees of VA.", "VA", "", "", "[60 FR 63929, Dec. 13, 1995, as amended at 85 FR 64043, Oct. 9, 2020]", "(a)  Application.  (1) An order authorizing the disclosure or use of patient records covered by \u00a7\u00a7 1.460 through 1.499 of this part to criminally or administratively investigate or prosecute VA (or employees or agents of VA) may be applied for by an administrative, regulatory, supervisory, investigative, law enforcement, or prosecutorial agency having jurisdiction over VA activities.\n\n(2) The application may be filed separately or as part of a pending civil or criminal action against VA (or agents or employees of VA) in which it appears that the patient records are needed to provide material evidence. The application must use a fictitious name, such as John Doe, to refer to any patient and may not contain or otherwise disclose any patient identifying information unless the court has ordered the record of the proceeding sealed from public scrutiny or the patient has given a written consent (meeting the requirements of \u00a7 1.475 of this part) to that disclosure.\n\n(b)  Notice not required.  An application under this section may, in the discretion of the court, be granted without notice. Although no express notice is required to VA or to any patient whose records are to be disclosed, upon implementation of an order so granted VA or the patient must be afforded an opportunity to seek revocation or amendment of that order, limited to the presentation of evidence on the statutory and regulatory criteria for the issuance of the court order.\n\n(c)  Requirements for order.  An order under this section must be entered in accordance with, and comply with the requirements of, \u00a7 1.493(d) and (e) of this part.\n\n(d)  Limitations on disclosure and use of patient identifying information.  (1) An order entered under this section must require the deletion of patient identifying information from any documents made available to the public.\n\n(2) No information obtained under this section may be used to conduct any investigation or prosecution of a patient, or be used as the basis for an application for an order under \u00a7 1.494 of this part."], ["38:38:1.0.1.1.2.0.11.51", 38, "Pensions, Bonuses, and Veterans' Relief", "I", "", "1", "PART 1\u2014GENERAL PROVISIONS", "", "", "", "\u00a7 1.496 Orders authorizing the use of undercover agents and informants to criminally investigate employees or agents of VA.", "VA", "", "", "[60 FR 63929, Dec. 13, 1995, as amended at 85 FR 64043, Oct. 9, 2020]", "(a)  Application.  A court order authorizing the placement of an undercover agent or informant in a VA drug or alcohol abuse, HIV infection, or sickle cell anemia treatment program as an employee or patient may be applied for by any law enforcement or prosecutorial agency which has reason to believe that employees or agents of the VA treatment program are engaged in criminal misconduct.\n\n(b)  Notice.  The VA facility director must be given adequate notice of the application and an opportunity to appear and be heard (for the limited purpose of providing evidence on the statutory and regulatory criteria for the issuance of the court order), unless the application asserts a belief that:\n\n(1) The VA facility director is involved in the criminal activities to be investigated by the undercover agent or informant; or\n\n(2) The VA facility director will intentionally or unintentionally disclose the proposed placement of an undercover agent or informant to the employees or agents who are suspected of criminal activities.\n\n(c)  Criteria.  An order under this section may be entered only if the court determines that good cause exists. To make this determination the court must find:\n\n(1) There is reason to believe that an employee or agent of a VA treatment program is engaged in criminal activity;\n\n(2) Other ways of obtaining evidence of this criminal activity are not available or would not be effective; and\n\n(3) The public interest and need for the placement of an undercover agent or informant in the VA treatment program outweigh the potential injury to patients of the program, physician-patient relationships and the treatment services.\n\n(d)  Content of order.  An order authorizing the placement of an undercover agent or informant in a VA treatment program must:\n\n(1) Specifically authorize the placement of an undercover agent or an informant;\n\n(2) Limit the total period of the placement to six months;\n\n(3) Prohibit the undercover agent or informant from disclosing any patient identifying information obtained from the placement except as necessary to criminally investigate or prosecute employees or agents of the VA treatment program; and\n\n(4) Include any other measures which are appropriate to limit any potential disruption of the program by the placement and any potential for a real or apparent breach of patient confidentiality; for example, sealing from public scrutiny the record of any proceeding for which disclosure of a patient's record has been ordered.\n\n(e)  Limitation on use of information.  No information obtained by an undercover agent or informant placed under this section may be used to criminally investigate or prosecute any patient or as the basis for an application for an order under \u00a7 1.494 of this part."], ["38:38:1.0.1.1.2.0.11.52", 38, "Pensions, Bonuses, and Veterans' Relief", "I", "", "1", "PART 1\u2014GENERAL PROVISIONS", "", "", "", "\u00a7\u00a7 1.497-1.499 [Reserved]", "VA", "", "", "", ""], ["38:38:1.0.1.1.2.0.13.53", 38, "Pensions, Bonuses, and Veterans' Relief", "I", "", "1", "PART 1\u2014GENERAL PROVISIONS", "", "", "", "\u00a7 1.500 General.", "VA", "", "", "[24 FR 8174, Oct. 8, 1959, as amended at 32 FR 10848, July 25, 1967; 38 FR 15601, June 14, 1973]", "(a) Files, records, reports, and other papers and documents pertaining to any claim filed with the Department of Veterans Affairs, whether pending or adjudicated, and the names and addresses of present or former personnel of the armed services, and their dependents, in the possession of the Department of Veterans Affairs, will be deemed confidential and privileged, and no disclosure therefrom will be made except in the circumstances and under the conditions set forth in \u00a7\u00a7 1.501 through 1.526.\n\n(b) A claimant may not have access to or custody of official Department of Veterans Affairs records concerning himself or herself nor may a claimant inspect records concerning himself or herself. Disclosure of information from Department of Veterans Affairs records to a claimant or his or her duly authorized agent or representative may be made, however, under the provisions of \u00a7\u00a7 1.501 through 1.526.\n\n(c) Each administration, staff office, and field facility head will designate an employee(s) who will be responsible for initial action on (granting or denying) requests to inspect or obtain information from or copies of records under their jurisdiction and within the purview of \u00a7\u00a7 1.501 through 1.526 unless the regulations in this part currently contain such designations. The request should be made to the office concerned (having jurisdiction of the record desired) or, if not known, to the Director or Veterans Assistance Officer in the nearest VA regional office, or to the VA Central Office, 810 Vermont Avenue NW., Washington, DC 20420. Personal contacts should normally be made during the regular duty hours of the office concerned, which are 8 a.m. to 4:30 p.m., Monday through Friday, for VA Central Office and most field facilities. Any legal question arising in a field facility concerning the release of information will be referred to the appropriate Regional Counsel for disposition as contemplated by \u00a7 13.401 of this chapter. In central office such legal questions will be referred to the General Counsel. Any administrative question will be referred through administrative channels to the appropriate administration or staff office head.\n\n(d) Upon denial of a request under paragraph (c) of this section, the responsible Department of Veterans Affairs official or designated employee will inform the requester in writing of the denial and advise him or her that he or she may appeal the denial. The requester will also be furnished the title and address of the Department of Veterans Affairs official to whom the appeal should be addressed. (See \u00a7 1.527.) In each instance of denial of a request, the denial will be made a matter of record and the record will contain a citation to the specific provision of Department of Veterans Affairs regulations upon which the denial is based."], ["38:38:1.0.1.1.2.0.13.54", 38, "Pensions, Bonuses, and Veterans' Relief", "I", "", "1", "PART 1\u2014GENERAL PROVISIONS", "", "", "", "\u00a7 1.501 Release of information by the Secretary.", "VA", "", "", "[32 FR 10848, July 25, 1967, as amended at 54 FR 34980, Aug. 23, 1989]", "The Secretary of Veterans Affairs or the Deputy Secretary may release information, statistics, or reports to individuals or organizations when in the Secretary's or Deputy Secretary's judgment such release would serve a useful purpose."], ["38:38:1.0.1.1.2.0.13.55", 38, "Pensions, Bonuses, and Veterans' Relief", "I", "", "1", "PART 1\u2014GENERAL PROVISIONS", "", "", "", "\u00a7 1.502 Disclosure of the amount of monetary benefits.", "VA", "", "", "[32 FR 10848, July 25, 1967]", "The monthly rate of pension, compensation, dependency and indemnity compensation, retirement pay, subsistence allowance, or educational assistance allowance of any beneficiary shall be made known to any person who applies for such information."], ["38:38:1.0.1.1.2.0.13.56", 38, "Pensions, Bonuses, and Veterans' Relief", "I", "", "1", "PART 1\u2014GENERAL PROVISIONS", "", "", "", "\u00a7 1.503 Disclosure of information to a veteran or his or her duly authorized representative as to matters concerning the veteran alone.", "VA", "", "", "[13 FR 6999, Nov. 27, 1948]", "Information may be disclosed to a veteran or his or her duly authorized representative as to matters concerning himself or herself alone when such disclosure would not be injurious to the physical or mental health of the veteran. If the veteran be deceased, matters concerning him or her may be disclosed to his widow, children, or next of kin if such disclosure will not be injurious to the physical or mental health of the person in whose behalf information is sought or cause repugnance or resentment toward the decedent."], ["38:38:1.0.1.1.2.0.13.57", 38, "Pensions, Bonuses, and Veterans' Relief", "I", "", "1", "PART 1\u2014GENERAL PROVISIONS", "", "", "", "\u00a7 1.504 Disclosure of information to a widow, child, or other claimant.", "VA", "", "", "[13 FR 6999, Nov. 27, 1948, as amended at 54 FR 34980, Aug. 23, 1989]", "Information may be disclosed to a widow, widower, child, or other dependent parent or other claimant, or the duly authorized representative of any of these persons as to matters concerning such person alone when such disclosure will not be injurious to the physical or mental health of the person to whom the inquiry relates. If the person concerning whom the information is sought is deceased, matters concerning such person may be disclosed to the next of kin if the disclosures will not be injurious to the physical or mental health of the person in whose behalf the information is sought or cause repugnance or resentment toward the decedent."], ["38:38:1.0.1.1.2.0.13.58", 38, "Pensions, Bonuses, and Veterans' Relief", "I", "", "1", "PART 1\u2014GENERAL PROVISIONS", "", "", "", "\u00a7 1.505 Genealogy.", "VA", "", "", "[13 FR 6999, Nov. 27, 1948]", "Information of a genealogical nature when its disclosure will not be detrimental to the memory of the veteran and not prejudicial, so far as may be apparent, to the interests of any living person or to the interests of the Government may be released by the Department of Veterans Affairs or in the case of inactive records may be released by the Archivist of the United States if in the Archivist's custody."], ["38:38:1.0.1.1.2.0.13.59", 38, "Pensions, Bonuses, and Veterans' Relief", "I", "", "1", "PART 1\u2014GENERAL PROVISIONS", "", "", "", "\u00a7 1.506 Disclosure of records to Federal Government departments, State unemployment compensation agencies, and the Office of Servicemembers' Group Life Insurance.", "VA", "", "", "[33 FR 2994, Feb. 15, 1968]", "(a) All records or documents required for official purposes by any department or other agency of the U.S. Government or any state unemployment compensation agency acting in an official capacity for the Department of Veterans Affairs shall be furnished in response to an official request, written, or oral, from such department or agency. If the requesting department or agency does not indicate the purpose for which the records or documents are requested and there is doubt as to whether they are to be used for official purposes, the requesting department or agency will be asked to specify the purpose for which they are to be used.\n\n(b) The Under Secretary for Benefits, Director of Insurance Service, or designee of either in Central Office, is authorized to release information to OSGLI (Office of Servicemembers' Group Life Insurance) for the purpose of aiding in the settlement of a particular insurance case."], ["38:38:1.0.1.1.2.0.13.60", 38, "Pensions, Bonuses, and Veterans' Relief", "I", "", "1", "PART 1\u2014GENERAL PROVISIONS", "", "", "", "\u00a7 1.507 Disclosures to members of Congress.", "VA", "", "", "[32 FR 10848, July 25, 1967]", "Members of Congress shall be furnished in their official capacity in any case such information contained in the Department of Veterans Affairs files as may be requested for official use. However, in any unusual case, the request will be presented to the Secretary, Deputy Secretary, or staff or administration head for personal action. When the requested information is of a type which may not be furnished a claimant, the member of Congress shall be advised that the information is furnished to him or her confidentially in his official capacity and should be so treated by him or her. (See 38 U.S.C. 5701.) Information concerning the beneficiary designation of a United States Government Life Insurance or National Service Life Insurance policy is deemed confidential and privileged and during the insured's lifetime shall not be disclosed to anyone other than the insured or his or her duly appointed fiduciary unless the insured or the fiduciary authorizes the release of such information."], ["38:38:1.0.1.1.2.0.13.61", 38, "Pensions, Bonuses, and Veterans' Relief", "I", "", "1", "PART 1\u2014GENERAL PROVISIONS", "", "", "", "\u00a7 1.508 Disclosure in cases where claimants are charged with or convicted of criminal offenses.", "VA", "", "", "[21 FR 10375, Dec. 28, 1956, as amended at 32 FR 10848, July 25, 1967; 54 FR 34980, Aug. 23, 1989]", "(a) Where incompetent claimants are charged with, or convicted of, offenses other than those growing out of their relationship with the Department of Veterans Affairs and in which it is desired to disclose information from the files and records of the Department of Veterans Affairs, the Regional Counsel, Under Secretary for Benefits, Veterans Benefits Administration, or the General Counsel if the General Counsel deems it necessary and proper, may disclose to the court having jurisdiction so much of the information from the files and records of the Department of Veterans Affairs relating to the mental condition of such beneficiaries, the same to be available as evidence, as may be necessary to show the mental condition of the accused and the time of its onset. This provision, however, does not alter the general procedure for handling offenses growing out of relations with the Department of Veterans Affairs.\n\n(b) When desired by a U.S. district court, the Regional Counsel or the General Counsel may supply information as to whether any person charged with crime served in the military or naval service of the United States and whether the Department of Veterans Affairs has a file on such person. If the file is desired either by the court or by the prosecution or defense, it may be produced only in accord with \u00a7\u00a7 1.501 through 1.526."], ["38:38:1.0.1.1.2.0.13.62", 38, "Pensions, Bonuses, and Veterans' Relief", "I", "", "1", "PART 1\u2014GENERAL PROVISIONS", "", "", "", "\u00a7 1.509 Disclosure to courts in proceedings in the nature of an inquest.", "VA", "", "", "[32 FR 10848, July 25, 1967]", "The Under Secretary for Benefits, Veterans Benefits Administration, Regional Counsels, and facility heads are authorized to make disclosures to courts of competent jurisdiction of such files, records, reports, and other documents as are necessary and proper evidence in proceedings in the nature of an inquest into the mental competency of claimants and other proceedings incident to the appointment and discharge of guardians, curators, or conservators to any court having jurisdiction of such fiduciaries in all matters of appointment, discharge, or accounting in such courts."], ["38:38:1.0.1.1.2.0.13.63", 38, "Pensions, Bonuses, and Veterans' Relief", "I", "", "1", "PART 1\u2014GENERAL PROVISIONS", "", "", "", "\u00a7 1.510 Disclosure to insurance companies cooperating with the Department of Justice in the defense of insurance suits against the United States.", "VA", "", "", "[32 FR 10848, July 25, 1967]", "Copies of records from the files of the Department of Veterans Affairs will, in the event of litigation involving commercial insurance policies issued by an insurance company cooperating with the Department of Justice in defense of insurance suits against the United States, be furnished to such companies without charge, provided the claimant or his or her duly authorized representative has authorized the release of the information contained in such records. If the release of information is not authorized in writing by the claimant or his or her duly authorized representative, information contained in the files may be furnished to such company if to withhold same would tend to permit the accomplishment of a fraud or miscarriage of justice. However, before such information may be released without the consent of the claimant, the request therefor must be accompanied by an affidavit of the representative of the insurance company, setting forth that litigation is pending, the character of the suit, and the purpose for which the information desired is to be used. If such information is to be used adversely to the claimant, the affidavit must set forth facts from which it may be determined by the General Counsel or Regional Counsel whether the furnishing of the information is necessary to prevent the perpetration of a fraud or other injustice. The averments contained in such affidavit should be considered in connection with the facts shown by the claimant's file, and, if such consideration shows the disclosure of the record is necessary and proper to prevent a fraud or other injustice, information as to the contents thereof may be furnished to the insurance company or copies of the records may be furnished to the court, workmen's compensation, or similar board in which the litigation is pending upon receipt of a subpoena duces tecum addressed to the Secretary of Veterans Affairs, or the head of the office in which the records desired are located. In the event the subpoena requires the production of the file, as distinguished from the copies of the records, no expense to the Department of Veterans Affairs may be involved in complying therewith, and arrangements must be made with the representative of the insurance company causing the issuance of the subpoena to insure submission of the file to the court without expense to the Department of Veterans Affairs."], ["38:38:1.0.1.1.2.0.13.64", 38, "Pensions, Bonuses, and Veterans' Relief", "I", "", "1", "PART 1\u2014GENERAL PROVISIONS", "", "", "", "\u00a7 1.511 Disclosure of claimant records in connection with judicial proceedings generally.", "VA", "", "", "[56 FR 15833, Apr. 18, 1991]", "(a)(1) Where a suit (or legal proceeding) has been threatened or instituted against the Government, or a prosecution against a claimant has been instituted or is being contemplated, the request of the claimant or his or her duly authorized representative for information, documents, reports, etc., shall be acted upon by the General Counsel in Central Office, or the Regional Counsel for the field facility, who shall determine the action to be taken with respect thereto. Where the records have been sent to the Department of Justice in connection with any such suit (or legal proceeding), the request will be referred to the Department of Justice, Washington, DC, through the office of the General Counsel, for attention. Where the records have been sent to an Assistant U.S. Attorney, the request will be referred by the appropriate Regional Counsel to the Assistant U.S. Attorney. In all other cases where copies of documents or records are desired by or on behalf of parties to a suit (or legal proceeding), whether in a Federal court or any other, such copies shall be disclosed as provided in paragraphs (b) and (c) of this section where the request is accompanied by court process, or paragraph (e) of this section where the request is not accompanied by court process. A court process, such as a court order or subpoena duces tecum should be addressed to either the Secretary of Veterans Affairs or to the head of the field facility at which the records desired are located. The determination as to the action to be taken upon any request for the disclosure of claimant records received in this class of cases shall be made by the component having jurisdiction over the subject matter in Central Office, or the division having jurisdiction over the subject matter in the field facility, except in those cases in which representatives of the component or division have determined that the records desired are to be used adversely to the claimant, in which event the process will be referred to the General Counsel in Central Office or to the Regional Counsel for the field facility for disposition.\n\n(2) Where a claim under the provisions of the Federal Tort Claims Act has been filed, or where such a claim can reasonably be anticipated, no information, documents, reports, etc., will be disclosed except through the Regional Counsel having jurisdiction, who will limit the disclosure of information to that which would be available under discovery proceedings, if the matter were in litigation. Any other information may be disclosed only after concurrence in such disclosure is provided by the General Counsel.\n\n(b)  Disclosures in response to Federal court process \u2014(1)  Court order.  Except for drug and alcohol abuse, human immunodeficiency virus and sickle cell anemia treatment records, which are protected under 38 U.S.C. 7332, where the records sought are maintained in a VA Privacy Act system of records, and are retrieved by the name or other personal identifier of a living claimant who is a citizen of the United States or an alien lawfully admitted for permanent residence, a Federal court order is the process necessary for the disclosure of such records. Upon receipt of a Federal court order directing disclosure of claimant records, such records will be disclosed. Disclosure of records protected under 38 U.S.C. 7332 will be made in accordance with provisions of paragraph (g) of this section.\n\n(2)  Subpoena.  Except for drug and alcohol abuse, human immunodeficiency virus and sickle cell anemia treatment records, which are protected under 38 U.S.C. 7332, where the records sought are maintained in a VA Privacy Act system of records, and are retrieved by the name or other personal identifier of a claimant, a subpoena is not sufficient authority for the disclosure of such records and such records will not be disclosed, unless the claimant is deceased, or either is not a citizen of the United States, or is an alien not lawfully admitted for permanent residence. Where one of these exceptions applies, upon receipt of a Federal court subpoena, such records will be disclosed. Additionally, where the subpoena is accompanied by authorization from the claimant, disclosure will be made. Regarding the disclosure of medical records pertaining to drug and alcohol abuse, human immunodeficiency virus and sickle cell anemia treatment, a subpoena is insufficient for such disclosure. Specific provisions for the disclosure of these records are set forth in paragraph (g) of this section.\n\n(3) A disclosure of records in response to the receipt of a Federal court process will be made to those individuals designated in the process to receive such records, or to the court from which the process issued. Where original records are produced, they must remain at all times in the custody of a representative of the Department of Veterans Affairs, and, if offered and received in evidence, permission should be obtained to substitute a copy so that the original may remain intact in the record. Where a court process is issued by or on behalf of a party litigant other than the United States, such party litigant must prepay the costs of copies in accordance with fees prescribed by \u00a7 1.526(i) and any other costs incident to producing the records.\n\n(c)  Disclosures in response to state or local court process \u2014(1)  State or local court order.  Except for drug and alcohol abuse, human immunodeficiency virus and sickle cell anemia treatment records, which are protected under 38 U.S.C. 7332, where the records sought are maintained in a VA Privacy Act system of records, and are retrieved by the name or other personal identifier of a living claimant who is a citizen of the United States or an alien lawfully admitted for permanent residence, a State or local court order is the process necessary for disclosure of such records. Upon receipt of a State or local court order directing disclosure of claimant records, disclosure of such records will be made in accordance with the provisions set forth in paragraph (c)(3) of this section. Disclosure of records protected under 38 U.S.C. 7332 will be made in accordance with provisions of paragraph (g) of this section.\n\n(2)  State or local court subpoena.  Except for drug and alcohol abuse, human immunodeficiency virus and sickle cell anemia treatment records, which are protected under 38 U.S.C. 7332, where the records sought are maintained in a VA Privacy Act system of records, and are retrieved by the name or other personal identifier of a claimant, a subpoena is not sufficient authority for disclosure of such records and such records will not be disclosed unless the claimant is deceased, or, either is not a citizen of the United States, or is an alien not lawfully admitted for permanent residence. Where one of these exceptions applies, upon receipt of a State or local court subpoena directing disclosure of claimant records, disclosure of such records will be made in accordance with the provisions set forth in paragraph (c)(3), of this section. Regarding the disclosure of 7332 records, a subpoena is insufficient for such disclosure. Specific provisions for the disclosure of these records are set forth in paragraph (g) of this section.\n\n(3) Where the disclosure provisions of paragraph (c) (1) or (2) of this section apply, disclosure will be made as follows:\n\n(i) When the process presented is accompanied by authority from the claimant; or,\n\n(ii) In the absence of claimant disclosure authority, the Regional Counsel having jurisdiction must determine whether the disclosure of the records is necessary to prevent the perpetration of fraud or other injustice in the matter in question. To make such a determination, the Regional Counsel may require such additional documentation, e.g., affidavit, letter of explanation, or such other documentation which would detail the need for such disclosure, set forth the character of the pending suit, and the purpose for which the documents or records sought are to be used as evidence. The claimant's record may also be considered in the making of such determination. Where a court process is received, and the Regional Counsel finds that additional documentation will be needed to make the foregoing determination, the Regional Counsel, or other employee having reasonable knowledge of the requirements of this regulation, shall contact the person causing the issuance of such court process, and advise that person of the need for additional documentation. Where a court appearance is appropriate, and the Regional Counsel has found that there is an insufficient basis upon which to warrant a disclosure of the requested information, the Regional Counsel, or other employee having reasonable knowledge of the requirement of this regulation and having consulted with the Regional Counsel, shall appear in court and advise the court that VA records are confidential and privileged and may be disclosed only in accordance with applicable Federal regulations, and to further advise the court of such regulatory requirements and how they have not been satisified. Where indicated, the Regional Counsel will take appropriate action to have the matter of disclosure of the affected records removed to Federal court.\n\n(4) Any disclosure of records in response to the receipt of State or local court process will be made to those individuals designated in the process to receive such records, or to the court from which such process issued. Payment of the fees as prescribed by \u00a7 1.526(i), as well as any other cost incident to producing the records, must first be deposited with the Department of Veterans Affairs by the party who caused the process to be issued. The original records must remain at all times in the custody of a representative of the Department of Veterans Affairs, and, if there is an offer and admission of any record or document contained therein, permission should be obtained to substitute a copy so that the original may remain intact in the record.\n\n(d) Notice requirements where disclosures are made pursuant to court process. Whenever a disclosure of Privacy Act protected records is made in response to the process of a Federal, State, or local court, the custodian of the records disclosed will make reasonable efforts to notify the subject of such records that such subject's records were disclosed to another person under compulsory legal process. Such notice should be accomplished when the process compelling disclosure becomes a matter of public record. Generally, a notice sent to the last known address of the subject would be sufficient to comply with this requirement.\n\n(e) Disclosures in response to requests when not accompanied by court process. Requests received from attorneys or others for copies of records for use in suits in which the Government is not involved, not accompanied by a court process, will be handled by the component or division having jurisdiction over the subject matter. If the request can be complied with under \u00a7 1.503 or \u00a7 1.504, and under the Privacy Act (to the extent that such records are protected by the Privacy Act), the records requested will be disclosed upon receipt of the required fee. If, however, the records cannot be furnished under such authority, the applicant will be advised of the procedure to obtain copies of records as set forth in paragraphs (b) and (c) of this section.\n\n(f) Suits by or against the Secretary under 38 U.S.C. 3720. Records pertaining to the loan guaranteed, insured, or made by the Department of Veterans Affairs may be made available by the General Counsel or the Regional Counsel subject to the usual rules of evidence, and where authorized under the Privacy Act, after clearance with the Department of Justice or U.S. Attorney if appropriate.\n\n(g) Disclosure of drug abuse, alcohol abuse, human immunodeficiency virus and sickle cell anemia treatment or related records under court process. Disclosure of these types of records, which are protected from unauthorized disclosure under 38 U.S.C. 7332, may be made only in response to an appropriate order of a court of competent jurisdiction granted after application showing good cause therefore. In assessing good cause the court is required to weigh the public interest and the need for disclosure against the injury to the patient or subject, to the physician-patient relationship, and to the treatment services. The court, in determining the extent to which any disclosure of all or any part of any record is necessary, shall impose appropriate safeguards against unauthorized disclosure. As to a Federal court order satisfying the requirements of this paragraph, the records will be disclosed as provided in such order. As to a State or local court order satisfying the requirements of this subsection, the disclosure of the records involved is conditioned upon satisfying the provisions set forth in paragraph (c)(3) of this section. If the aforementioned section is satisfied, and a disclosure of records is to be forthcoming, the records will be disclosed as provided in the court order."], ["38:38:1.0.1.1.2.0.13.65", 38, "Pensions, Bonuses, and Veterans' Relief", "I", "", "1", "PART 1\u2014GENERAL PROVISIONS", "", "", "", "\u00a7 1.512 Disclosure of loan guaranty information.", "VA", "", "", "[47 FR 11279, Mar. 16, 1982]", "(a) The disclosure of records or information contained in loan guaranty files is governed by the Freedom of Information Act, 5 U.S.C. 552; the Privacy Act, 5 U.S.C. 552a; the confidentiality provisions of 38 U.S.C. 5701, and the provisions of 38 CFR 1.500-1.584. In addition, the release of names and addresses and the release of certificates of reasonable value, appraisal reports, property inspection reports, or reports of inspection on individual water supply and sewage disposal systems shall be governed by paragraphs (b), (c), (d), and (e) of this section.\n\n(b)(1) Upon request, any person is entitled to obtain copies of certificates of reasonable value, appraisal reports, property inspection reports, or reports of inspection on individual water supply and sewage disposal systems provided that the individual identifiers of the veteran-purchaser(s) or dependents are deleted prior to release of such documents. However, individual identifiers may be disclosed in accordance with paragraph (b)(2) of this section. The address of the property being appraised or inspected shall not be considered an individual identifier.\n\n(2) Individual identifiers of veteran purchasers or dependents may be disclosed when disclosure is made to the following:\n\n(i) The individual purchasing the property;\n\n(ii) The current owner of the property;\n\n(iii) The individual that requested the appraisal or report;\n\n(iv) A person or entity which is considering making a loan to an individual with respect to the property concerned; or\n\n(v) An attorney, real estate broker, or any other agent representing any of these persons.\n\n(c)(1) The Secretary may release the name, address, or both, and may release other information relating to the identity of an applicant for or recipient of a Department of Veterans Affairs-guaranteed, insured, or direct loan, specially adapted housing grant, loan to finance acquisition of Department of Veterans Affairs-owned property, release of liability, or substitution of entitlement to credit reporting agencies, companies or individuals extending credit, depository institutions, insurance companies, investors, lenders, employers, landlords, utility companies and governmental agencies for any of the purposes specified in paragraph (c)(2) of this section.\n\n(2) A release may be made under paragraph (c)(1) of this section:\n\n(i) To enable such parties to provide the Department of Veterans Affairs with data which assists in determining the creditworthiness, credit capacity, income or financial resources of the applicant for or recipient of loan guaranty administered benefits, or verifying whether any such data previously received is accurate; or\n\n(ii) To enable the Secretary to offer for sale or other disposition any loan or installment sale contract.\n\n(d) Upon request, the Secretary may release information relating to the individual's loan transaction to credit reporting agencies, companies or individuals extending credit, depository institutions, insurance companies, investors, lenders, employers, landlords, utility companies and governmental agencies where necessary in connection with a transfer of information on the status of a Department of Veterans Affairs loan account to persons or organizations proposing to extend credit or render services or other benefits to the borrower in order that the person or organization may determine whether to extend credit or render services or other benefits to the borrower. Such releases shall be made only if the person or organization seeking the information furnishes the individual's name, address or other information necessary to identify the individual.\n\n(e) The Secretary shall maintain information in the loan guaranty file consisting of the date, notice and purpose of each disclosure, and the name and address of the person to whom the disclosure is made from the loan guaranty files."], ["38:38:1.0.1.1.2.0.13.66", 38, "Pensions, Bonuses, and Veterans' Relief", "I", "", "1", "PART 1\u2014GENERAL PROVISIONS", "", "", "", "\u00a7 1.513 Disclosure of information contained in Armed Forces service and related medical records in Department of Veterans Affairs custody.", "VA", "", "", "[13 FR 7001, Nov. 27, 1948, as amended at 32 FR 10849, July 25, 1967; 60 FR 63938, Dec. 13, 1995]", "(a)  Service records.  Information received by the Department of Veterans Affairs from the Departments of the Army, Navy, Air Force, and the Department of Transportation relative to the military or naval service of a claimant is furnished solely for the official use of the Department of Veterans Affairs but such information may be disclosed under the limitations contained in \u00a7\u00a7 1.501 through 1.526.\n\n(b)  Medical records.  Information contained in the medical records (including clinical records and social data) may be released under the following conditions:\n\n(1) Complete transcript of r\u00e9sum\u00e9 or medical records on request to:\n\n(i) The Department of the Army.\n\n(ii) The Department of the Navy (including naval aviation and United States Marine Corps).\n\n(iii) The Department of the Air Force.\n\n(iv) The Department of Transportation (Coast Guard).\n\n(v) Selective Service (in case of registrants only).\n\n(vi) Federal or State hospitals or penal institutions when the veteran is a patient or inmate therein.\n\n(vii) United States Public Health Service, or other governmental or contract agency in connection with research authorized by, or conducted for, the Department of Veterans Affairs.\n\n(viii) Registered civilian physicians, on the request of the individual or his or her legal representative, when required in connection with the treatment of the veteran. (The transcript or resume should be accompanied by the statement \u201cit is expected that the information contained herein will be treated as confidential, as is customary in civilian professional medical practice.\u201d)\n\n(ix) The veteran on request, except information contained in the medical record which would prove injurious to his or her physical or mental health.\n\n(x) The next of kin on request of the individual, or legal representative, when the information may not be disclosed to the veteran because it will prove injurious to his or her physical or mental health, and it will not be injurious to the physical or mental health of the next of kin or cause repugnance or resentment toward the veteran; and directly to the next of kin, or legal representative, when the veteran has been declared to be insane or is dead.\n\n(xi) Health and social agencies, on the authority of the veteran or his or her duly authorized representative.\n\n(2) In addition to the authorizations in paragraph (b)(1) of this section, the Department of Justice, the Department of the Treasury, and the U.S. Postal Service may, on request, be given pertinent information from medical records for use in connection with investigations conducted by these departments. Each such request shall be considered on its merits, and the information released should be the minimum necessary in connection with the investigation conducted by these departments.\n\n(3) Compliance with court orders calling for the production of medical records in connection with litigation or criminal prosecutions will be effected in accordance with \u00a7 1.511."], ["38:38:1.0.1.1.2.0.13.67", 38, "Pensions, Bonuses, and Veterans' Relief", "I", "", "1", "PART 1\u2014GENERAL PROVISIONS", "", "", "", "\u00a7 1.514 Disclosure to private physicians and hospitals other than Department of Veterans Affairs.", "VA", "", "", "[34 FR 13368, Aug. 19, 1969, as amended at 54 FR 34980, Aug. 23, 1989]", "(a) When a beneficiary elects to obtain medical attention as a private patient from a private practitioner or in a medical center other than a Department of Veterans Affairs hospital, there may be disclosed to such private practitioner or head of such medical center (Federal, State, municipal, or private), such information as to the medical history, diagnosis, findings, or treatment as is requested, including the loan of original X-ray films, whether Department of Veterans Affairs clinical X-rays or service department entrance and separation X-rays, provided there is also submitted a written authorization from the beneficiary or his or her duly authorized representative. The information will be supplied without charge directly to the private physician or medical center head and not through the beneficiary or representative. In forwarding this information, it will be accompanied by the stipulations that it is released with consent of or on behalf of the patient and that the information will be treated as confidential, as is customary in civilian professional medical practice.\n\n(b) Such information may be released without charge and without consent of the patient or his or her duly authorized representative when a request for such information is received from:\n\n(1) The superintendent of a State hospital for psychotic patients, a commissioner or head of a State department of mental hygiene, or head of a State, county, or city health department; or\n\n(2) Any fee basis physician or institution in connection with authorized treatment of the veteran as a Department of Veterans Affairs beneficiary; or\n\n(3) Any physician or medical installation treating the veteran under emergency conditions."], ["38:38:1.0.1.1.2.0.13.68", 38, "Pensions, Bonuses, and Veterans' Relief", "I", "", "1", "PART 1\u2014GENERAL PROVISIONS", "", "", "", "\u00a7 1.514a Disclosure to private psychologists.", "VA", "", "", "[34 FR 13368, Aug. 19, 1969]", "When a beneficiary elects to obtain therapy or analysis as a private patient from a private psychologist, such information in the medical record as may be pertinent may be released. Generally, only information developed and documented by Department of Veterans Affairs psychologists will be considered pertinent, although other information from the medical record may be released if it is determined to be pertinent and will serve a useful purpose to the private psychologist in rendering his or her services. Information will be released under this section upon receipt of the written authorization of the beneficiary or his or her duly authorized representative. Information will be forwarded to private psychologists directly, not through the beneficiary or representative, without charge and with the stipulation that it is released with consent of or on behalf of the patient and must be treated as confidential as is customary in regular professional practice."], ["38:38:1.0.1.1.2.0.13.69", 38, "Pensions, Bonuses, and Veterans' Relief", "I", "", "1", "PART 1\u2014GENERAL PROVISIONS", "", "", "", "\u00a7 1.514b Disclosures to procurement organizations.", "VA", "", "", "[72 FR 48242, Aug. 23, 2007, as amended at 73 FR 65260, Nov. 3, 2008]", "A VHA health care facility may disclose the name and home address of an \u201cindividual\u201d as defined in \u00a7 1.460 to an authorized representative of a \u201cprocurement organization\u201d as also defined in \u00a7 1.460 for the purpose of facilitating a determination by the procurement organization of whether the individual is a suitable potential organ, eye, or tissue donor if:\n\n(a) The individual is currently an inpatient in a VHA health care facility;\n\n(b) The individual is, in the clinical judgment of the individual's primary health care provider, near death or is deceased as defined in \u00a7 1.460;\n\n(c) The VHA health care facility has a signed agreement with the procurement organization in accordance with the applicable requirements of the United States Department of Health and Human Services (HHS); and\n\n(d) The VHA health care facility has confirmed with HHS that it has certified or recertified the organ procurement organization as provided in the applicable HHS regulations. VA medical centers must verify annually in January of each calendar year with FDA that an eye bank or tissue bank has complied with the FDA registration requirements of 21 CFR part 1271 and that the registration status is active before permitting an eye bank or tissue bank to receive protected health information."], ["38:38:1.0.1.1.2.0.13.70", 38, "Pensions, Bonuses, and Veterans' Relief", "I", "", "1", "PART 1\u2014GENERAL PROVISIONS", "", "", "", "\u00a7 1.515 Disclosure of information to participate in state prescription drug monitoring programs.", "VA", "", "", "[78 FR 9593, Feb. 11, 2013]", "(a)  General.  Information covered by \u00a7\u00a7 1.500 through 1.527 of this part may be disclosed to State Prescription Drug Monitoring Programs pursuant to the limitations set forth in paragraph (c) of this section.\n\n(b)  Definitions.  For the purposes of this section:\n\nControlled substance  means any substance identified in 21 CFR part 1308 as a schedule II, III, IV, or V controlled substance.\n\nState Prescription Drug Monitoring Program (PDMP)  means a State controlled substance monitoring program, including a program approved by the Secretary of Health and Human Services under section 399O of the Public Health Service Act (42 U.S.C. 280g-3).\n\n(c)  Participation in PDMPs.  VA may disclose to PDMPs any of the following information concerning the prescription of controlled substances:\n\n(1) Demographic information of veterans and dependents of veterans who are prescribed a controlled substance. Examples include name, address, and telephone number.\n\n(2) Information about the prescribed controlled substances. Examples include the identification of the substance by a national drug code number, quantity dispensed, number of refills ordered, whether the substances were dispensed as a refill of a prescription or as a first-time request, and date of origin of the prescription.\n\n(3) Prescriber information. Examples include the prescriber's United States Drug Enforcement Administration-issued identification number authorizing the individual to prescribe controlled substances and United States Department of Health and Human Services-issued National Provider Identifier number."], ["38:38:1.0.1.1.2.0.13.71", 38, "Pensions, Bonuses, and Veterans' Relief", "I", "", "1", "PART 1\u2014GENERAL PROVISIONS", "", "", "", "\u00a7 1.516 Disclosure of information to undertaker concerning burial of a deceased veteran.", "VA", "", "", "[46 FR 62059, Dec. 22, 1981]", "When an undertaker requests information believed to be necessary in connection with the burial of a deceased veteran, such as the name and address of the beneficiary of the veteran's Government insurance policy, name and address of the next of kin, rank or grade of veteran and organization in which he or she served, character of the veteran's discharge, or date and place of birth of the veteran, and it appears that the undertaker is holding the body awaiting receipt of the information requested, the undertaker, in such instances, may be considered the duly authorized representative of the deceased veteran for the purpose of obtaining said information. In ordinary cases, however, the undertaker will be advised that information concerning the beneficiary of a Government insurance policy is confidential and cannot be disclosed; the beneficiary will be advised immediately of the inquiry, and the furnishing of the desired information will be discretionary with the beneficiary. In no case will the undertaker be informed of the net amount due under the policy or furnished information not specifically mentioned in this paragraph."], ["38:38:1.0.1.1.2.0.13.72", 38, "Pensions, Bonuses, and Veterans' Relief", "I", "", "1", "PART 1\u2014GENERAL PROVISIONS", "", "", "", "\u00a7 1.517 Disclosure of vocational rehabilitation and education information to educational institutions cooperating with the Department of Veterans Affairs.", "VA", "", "", "[30 FR 6435, May 8, 1965]", "Requests from educational institutions and agencies cooperating with the Department of Veterans Affairs in the vocational rehabilitation and education of veterans for the use of vocational rehabilitation and education records for research studies will be forwarded to central office with the facility head's recommendation for review by the Under Secretary for Benefits. Where the request to conduct a research study is approved by the Under Secretary for Benefits, the facility head is authorized by this section to release information for such studies from vocational rehabilitation and education records as required:  Provided, however,  That any data or information obtained shall not be published without prior approval of the Under Secretary for Benefits and that data contained in published material shall not identify any individual veteran."], ["38:38:1.0.1.1.2.0.13.73", 38, "Pensions, Bonuses, and Veterans' Relief", "I", "", "1", "PART 1\u2014GENERAL PROVISIONS", "", "", "", "\u00a7 1.518 Addresses of claimants.", "VA", "", "", "[33 FR 10516, July 24, 1968 and 35 FR 5176, Mar. 27, 1970, as amended at 46 FR 62059, Dec. 22, 1981]", "(a) It is the general policy of the Department of Veterans Affairs to refuse to furnish addresses from its records to persons who desire such information for debt collection, canvassing, harassing or for propaganda purposes.\n\n(b) The address of a Department of Veterans Affairs claimant as shown by Department of Veterans Affairs files may be furnished to:\n\n(1) Duly constituted police or court officials upon official request and the submission of a certified copy either of the indictment returned against the claimant or of the warrant issued for his or her arrest.\n\n(2) Police, other law enforcement agencies, or Federal, State, county, or city welfare agencies upon official written request showing that the purpose of the request is to locate a parent who has deserted his or her child or children and that other reasonable efforts to obtain an address have failed. The address will not be released when such disclosure would be prejudicial to the mental or physical health of the claimant. When an address is furnished it will be accompanied by the stipulation that it is furnished on a confidential basis and may not be disclosed to any other individual or agency.\n\n(c) When an address is requested that may not be furnished under \u00a7\u00a7 1.500 through 1.526, the person making the request will be informed that a letter, or in those cases involving judicial actions, the process or notice in judicial proceedings, enclosed in an unsealed envelope showing no return address, with the name of the addressee thereon, and bearing sufficient postage to cover mailing costs will be forwarded by the Department of Veterans Affairs. If a request indicates that judicial action is involved in which a process or notice in judicial proceedings is required to be forwarded, the Department of Veterans Affairs will inform the person who requests the forwarding of such a document that the envelope must bear sufficient postage to cover costs of mailing and certified or registered mailing fees, including cost of obtaining receipt for the certified or registered mail when transmission by this type special mail is desired. At the time the letter, process, or notice in judicial proceedings is forwarded, the facility's return address will be placed on the envelope. When the receipt for certified or registered mail or the undelivered envelope is returned to the Department of Veterans Affairs, the original sender will be notified thereof: However, the receipt or the envelope will be retained by the Department of Veterans Affairs. This provision will be applicable only when it does not interfere unduly with the functions of the Service or division concerned. In no event will letters be forwarded to aid in the collection of debts or for the purpose of canvassing, harassing, or propaganda. Neither will a letter be forwarded if the contents could be harmful to the physical or mental health of the recipient.\n\n(d) Subject to the conditions set forth in \u00a7 1.922, the Department of Veterans Affairs may disclose to consumer reporting agencies information contained in a debtor's claims folder. Such information may include the debtor's name and/or address, Department of Veterans Affairs file number, Social Security number, and date of birth."], ["38:38:1.0.1.1.2.0.13.74", 38, "Pensions, Bonuses, and Veterans' Relief", "I", "", "1", "PART 1\u2014GENERAL PROVISIONS", "", "", "", "\u00a7 1.519 Lists of names and addresses.", "VA", "", "", "[38 FR 15601, June 14, 1973, as amended at 46 FR 62059, Dec. 22, 1981; 49 FR 32848, Aug. 17, 1984; 56 FR 59218, Nov. 25, 1991; 84 FR 12125, Apr. 1, 2019]", "(a) Any organization wanting a list of names and addresses of present or former personnel of the armed services and their dependents from the Department of Veterans Affairs must make written application to the Department of Veterans Affairs Controller, except lists of educationally disadvantaged veterans should be requested from the Director of the nearest regional office. The application must:\n\n(1) Clearly identify the type or category of names and addresses sought;\n\n(2) Furnish proof satisfactory to the Department of Veterans Affairs that the organization seeking the list is a \u201cnonprofit organization.\u201d Normally, evidence establishing that the organization is exempt from taxation in accordance with the provisions of 26 U.S.C. 501 or is a governmental body or institution will be accepted as satisfying this criteria;\n\n(3) Contain a statement clearly setting forth the purpose for which the list is sought, the programs and the resources the organization proposes to devote to this purpose, and establish how such purpose is \u201cdirectly connected with the conduct of programs and the utilization of benefits\u201d under title 38, U.S.C.; and\n\n(4) Contain a certification that the organization, and all members thereof who will have access to the list, are aware of the penalty provisions of 38 U.S.C. 5701(f) and will not use the list for any purpose other than that stated in the application.\n\n(b) If the Director of the regional office concerned finds that the organization requesting the list of names and addresses of educationally disadvantaged veterans is a nonprofit organization and operates an approved program of special secondary, remedial, preparatory or other educational or supplementary assistance to veterans as provided under subchapter V, title 38 U.S.C., then he or she may authorize the release of such names and addresses to the organization requesting them.\n\n(c) The Associate Deputy Assistant Secretary for Information Resources Management is authorized to release lists of names and addresses to organizations which have applied for such lists in accordance with paragraph (a) of this section, if he or she finds that the purpose for which the organization desires the names and addresses is directly connected with conduct of programs and the utilization of benefits under title 38 U.S.C. Lists of names and addresses authorized to be released pursuant to this paragraph shall not duplicate lists released to other elements, segments, or chapters of the same organization.\n\n(d) If the list requested is one that the Department of Veterans Affairs has previously compiled or created, in the same format, to carry out one or more of its basic program responsibilities and it is determined that it can be released, the list may be furnished without charge. For other types of lists, a charge will be made in accordance with the provisions of \u00a7 1.526.\n\n(e) Upon denial of a request, the Department of Veterans Affairs Controller or Regional Office Director will inform the requester in writing of the denial and the reasons therefor and advise the organization that it may appeal the denial to the General Counsel. In each instance of a denial of a request, the denial and the reasons therefor will be made a matter of record.\n\n(f) Section 5701(f), title 38 U.S.C., provides that any organization, or member thereof, which uses the names and addresses furnished it for any purpose other than one directly connected with the conduct of programs and the utilization of benefits under title 38 U.S.C., shall be fined not more than $500 in the case of the first offense and not more than $5,000 in the case of the subsequent offenses. Any instance in which there is evidence of a violation of these penal provisions will be reported in accordance with \u00a7 14.560."], ["38:38:1.0.1.1.2.0.13.75", 38, "Pensions, Bonuses, and Veterans' Relief", "I", "", "1", "PART 1\u2014GENERAL PROVISIONS", "", "", "", "\u00a7 1.520 Confidentiality of social data.", "VA", "", "", "[46 FR 62059, Dec. 22, 1981]", "Persons having access to social data will be conscious of the fact that the family, acquaintances, and even the veteran have been willing to reveal these data only on the promise that they will be held in complete confidence. There will be avoided direct, ill-considered references which may jeopardize the personal safety of these individuals and the relationship existing among them, the patient, and the social worker, or may destroy their mutual confidence and influence, rendering it impossible to secure further cooperation from these individuals and agencies. Physicians in talking with beneficiaries will not quote these data directly but will regard them as indicating possible directions toward which they may wish to guide the patient's self-revelations without reproaching the patient for his or her behavior or arousing natural curiosity or suspicion regarding any informant's statement. The representatives of service organizations and duly authorized representatives of veterans will be especially cautioned as to their grave responsibility in this connection."], ["38:38:1.0.1.1.2.0.13.76", 38, "Pensions, Bonuses, and Veterans' Relief", "I", "", "1", "PART 1\u2014GENERAL PROVISIONS", "", "", "", "\u00a7 1.521 Special restrictions concerning social security records.", "VA", "", "", "[27 FR 9599, Sept. 28, 1962]", "Information received from the Social Security Administration may be filed in the veteran's claims folder without special provisions. Such information will be deemed privileged and may not be released by the Department of Veterans Affairs except that information concerning the amount of social security benefits paid to a claimant or the amount of social security tax contributions made by the claimant may be disclosed to the claimant or his or her duly authorized representative. Any request from outside the Department of Veterans Affairs for other social security information will be referred to the Social Security Administration for such action as they deem proper."], ["38:38:1.0.1.1.2.0.13.77", 38, "Pensions, Bonuses, and Veterans' Relief", "I", "", "1", "PART 1\u2014GENERAL PROVISIONS", "", "", "", "\u00a7 1.522 Determination of the question as to whether disclosure will be prejudicial to the mental or physical health of claimant.", "VA", "", "", "[33 FR 19009, Dec. 20, 1968]", "Determination of the question when disclosure of information from the files, records, and reports will be prejudicial to the mental or physical health of the claimant, beneficiary, or other person in whose behalf information is sought, will be made by the Chief Medical Director; Chief of Staff of a hospital; or the Director of an outpatient clinic."], ["38:38:1.0.1.1.2.0.13.78", 38, "Pensions, Bonuses, and Veterans' Relief", "I", "", "1", "PART 1\u2014GENERAL PROVISIONS", "", "", "", "\u00a7 1.523 To commanding officers of State soldiers' homes.", "VA", "", "", "[30 FR 6435, May 8, 1965. Redesignated at 78 FR 9593, Feb. 11, 2013]", "When a request is received in a Department of Veterans Affairs regional office, center, or medical center from the commanding officer of a State soldiers' home for information other than information relative to the character of the discharge from a Department of Veterans Affairs center or medical center concerning a veteran formerly domiciled or hospitalized therein, the provisions of \u00a7 1.500 are applicable, and no disclosure will be made unless the request is accompanied by the authorization outlined in \u00a7 1.503. However, station heads, upon receipt of a request from the commanding officer of a State soldiers' home for the character of the discharge of a veteran from a period of hospital treatment or domiciliary care as a beneficiary of the Department of Veterans Affairs, will comply with the request, restricting the information disclosed solely to the character of the veteran's discharge from such treatment or care. Such information will be disclosed only upon receipt of a specific request therefor from the commanding officer of a State soldiers' home."], ["38:38:1.0.1.1.2.0.13.79", 38, "Pensions, Bonuses, and Veterans' Relief", "I", "", "1", "PART 1\u2014GENERAL PROVISIONS", "", "", "", "\u00a7 1.524 Persons authorized to represent claimants.", "VA", "", "", "[33 FR 6536, Apr. 30, 1968]", "A duly authorized representative will be:\n\n(a) Any person authorized in writing by the claimant to act for him or her,\n\n(b) An attorney who has filed the declaration required by \u00a7 14.629(b)(1) of this chapter, or\n\n(c) His or her legally constituted fiduciary, if the claimant is incompetent. Where for proper reasons no legally constituted fiduciary has been or will be appointed, his or her spouse, his or her children, or, if the claimant is unmarried, either of his or her parents shall be recognized as the fiduciary of the claimant."], ["38:38:1.0.1.1.2.0.13.80", 38, "Pensions, Bonuses, and Veterans' Relief", "I", "", "1", "PART 1\u2014GENERAL PROVISIONS", "", "", "", "\u00a7 1.525 Inspection of records by or disclosure of information to recognized representatives of organizations and recognized attorneys.", "VA", "", "", "[13 FR 7002, Nov. 27, 1948, as amended at 31 FR 3459, Mar. 5, 1966; 32 FR 10849, July 25, 1967; 33 FR 6536, Apr. 30, 1968]", "(a)(1) The accredited representatives of recognized organizations (\u00a7 14.627 of this chapter) holding appropriate power of attorney and recognized attorneys (\u00a7 14.629(b) of this chapter) with the written authorization of the claimant may, subject to the restrictions imposed by paragraph (a)(2) of this section, inspect the claims, insurance and allied folders of any claimant upon the condition that only such information contained therein as may be properly disclosed under \u00a7\u00a7 1.500 through 1.526 will be disclosed by him or her to the claimant or, if the claimant is incompetent, to his or her legally constituted fiduciary. Under the same restrictions, it is permissible to release information from and permit inspection of loan guaranty folders in which a request for a waiver of the debt of a veteran or his or her spouse has been received, or where there has been a denial of basic eligibility for loan guaranty benefits. All other information in the files shall be treated as confidential and will be used only in determining the status of the cases inspected or in connection with the presentation to officials of the Department of Veterans Affairs of the claim of the claimant. The heads of field facilities and the directors of the services concerned in Central Office will each designate a responsible officer to whom requests for all files must be made, except that managers of centers with insurance activities will designate two responsible officials, recommended by the division chiefs concerned, one responsible for claims and allied folders and the other for insurance files. The term  claimant  as used in this paragraph includes insureds.\n\n(2) In the case of a living veteran a representative acting under a power of attorney from any person not acting on behalf of the veteran will not be permitted to review the records of the veteran or be furnished any information therefrom to which the person is not entitled,  i.e. , information not relating to such person alone. Powers of attorney submitted by the other person will be considered \u201cLimited\u201d and will be so noted when associated with the veteran's records. The provisions of this subparagraph are also applicable to recognized attorneys and the requisite declarations filed by them.\n\n(3) When power of attorney does not obtain, the accredited representative will explain to the designated officer of the Department of Veterans Affairs the reason for requesting information from the file, and the information will be made available only when in the opinion of the designated officer it is justified; in no circumstances will such representatives be allowed to inspect the file; in such cases a contact report will be made out and attached to the case, outlining the reasons which justify the verbal or written release of the information to the accredited representative.\n\n(4) In any case where there is an unrevoked power of attorney or declaration of representation, no persons or organizations other than the one named in such document shall be afforded information from the file except under the conditions set forth in \u00a7 14.629(b)(2) of this chapter. When any claimant has filed notice with the Department of Veterans Affairs that he or she does not want his or her file inspected, such file will not be made available for inspection.\n\n(b)(1) Inspection of folders by accredited representatives or recognized attorneys holding a written authorization where such cases are being processed shall be in space assigned for such inspection. Otherwise station heads may permit inspection of folders at the desks of the accredited representatives, in the office(s) which they regularly occupy.\n\n(2) An insured or after maturity of the insurance by death of the insured, the beneficiary, may authorize the release to a third person of such insurance information as the insured or the beneficiary would be entitled to receive, provided there is submitted to the Department of Veterans Affairs, a specific authorization in writing for this purpose.\n\n(3) Unless otherwise authorized by the insured or the beneficiary, as the case may be, such authorized representative, recognized attorney or accredited representative shall not release information as to the designated beneficiary to anyone other than the insured or to the beneficiary after death of the insured. Otherwise, information in the insurance file shall be subject to the provisions of \u00a7\u00a7 1.500 through 1.526.\n\n(4) Clinical records and medical files, including files for outpatient treatment, may be inspected by accredited representatives or recognized attorneys holding a written authorization only to the extent such records or parts thereof are incorporated in the claims folder, or are made available to Department of Veterans Affairs personnel in the adjudication of the claim. Records or data in clinical or medical files which are not incorporated in the claims folder or which are not made available to Department of Veterans Affairs personnel for adjudication purposes will not be inspected by anyone other than those employees of the Department of Veterans Affairs whose duties require same for the purpose of clinical diagnosis or medical treatment.\n\n(5) Under no circumstances shall any paper be removed from a file, except by a Department of Veterans Affairs employee, for purpose of having an authorized copy made. Copying of material in a file shall not be permitted except in connection with the performance of authorized functions under the power of attorney or requisite declaration of a recognized attorney.\n\n(6) In any case involving litigation against the Government, whether contemplated or initiated, inspection, subject to the foregoing, shall be within the discretion of the General Counsel or Regional Counsel, except that in insurance suits under 38 U.S.C. 1975, 1984, inspection shall be within the discretion of the official having jurisdiction of the claim. Files in such cases may be released to the Department of Justice, but close liaison will be maintained to insure their return intact upon termination of the litigation.\n\n(c) Facility heads and the directors of the services concerned in central office will be responsible for the administrative compliance with and accomplishment of the foregoing within their jurisdiction, and any violations of the prescribed conditions for inspection of files or release of information therefrom will be brought to the immediate attention of the Secretary.\n\n(d) Any person holding power of attorney, a recognized attorney who has filed the requisite declaration, or the accredited representative of a recognized organization holding power of attorney shall be supplied with a copy of each notice to the claimant respecting the adjudication of the claim. If a claimant dies before action on the claim is completed, the person or organization holding power of attorney or the attorney who has filed the requisite declaration may continue to act until the action is completed except where the power of attorney or requisite declaration was filed on behalf of a dependent.\n\n(e) When in developing a claim the accredited representative of a recognized organization finds it necessary to call upon a local representative to assemble information or evidence, he or she may make such disclosures to the local representative as the circumstances of the case may warrant, provided the power of attorney to the recognized organization contains an authorization permitting such disclosure."], ["38:38:1.0.1.1.2.0.13.81", 38, "Pensions, Bonuses, and Veterans' Relief", "I", "", "1", "PART 1\u2014GENERAL PROVISIONS", "", "", "", "\u00a7 1.526 Copies of records and papers.", "VA", "", "", "[19 FR 3224, June 2, 1954, as amended at 32 FR 10850, July 25, 1967; 33 FR 9342, June 26, 1968; 35 FR 20001, Dec. 31, 1970; 37 FR 2676, Feb. 4, 1972; 39 FR 3938, Jan. 31, 1974; 53 FR 10376, Mar. 31, 1988; 54 FR 34980, Aug. 23, 1989]", "(a) Any person desiring a copy of any record or document in the custody of the Department of Veterans Affairs, which is subject to be furnished under \u00a7\u00a7 1.501 through 1.526, must make written application for such copy to the Department of Veterans Affairs installation having custody of the subject matter desired, stating specifically: (1) The particular record or document the copy of which is desired and whether certified and validated, or uncertified, (2) the purpose for which such copy is desired to be used.\n\n(b) The types of services provided by the Department of Veterans Affairs for which fees will be charged are identified in paragraph (i) of this section.\n\n(c) This section applies to the services furnished in paragraph (b) of this section when rendered to members of the public by the Department of Veterans Affairs. It does not apply to such services when rendered to or for other agencies or branches of the Federal Government, or State and local governments when furnishing the service will help to accomplish an objective of the Department of Veterans Affairs, or when performed in connection with a special research study or compilation when the party requesting such services is charged an amount for the whole job.\n\n(d) When copies of a record or document are furnished under \u00a7\u00a7 1.506, 1.507, 1.510, and 1.514, such copies shall be supplied without charge. Moreover, free service may be provided, to the extent of one copy, to persons who have been required to furnish original documents for retention by the Department of Veterans Affairs.\n\n(e) The following are circumstances under which services may be provided free at the discretion of facility heads or responsible Central Office officials:\n\n(1) When requested by a court, when the copy will serve as a substitute for personal court appearance of a Government witness.\n\n(2) When furnishing the service free saves costs or yields income equal to the direct costs of the agency providing the service. This includes cases where the fee for the service would be included in a billing against the Government (for example, in cost-type contracts, or in the case of private physicians who are treating Government beneficiaries at Government expense).\n\n(3) When a service is occasional and incidental, not of a type that is requested often, and if it is administratively determined that a fee would be inappropriate in such an occasional case.\n\n(f) When information, statistics, or reports are released or furnished under \u00a7 1.501 or \u00a7 1.519, the fee charge, if any, will be determined upon the merits of each individual application.\n\n(g) In those cases where it is determined that a fee shall be charged, the applicant will be advised to deposit the amount of the lawful charge for the copy desired. The amount of such charge will be determined in accordance with the schedule of fees prescribed in paragraph (i) of this section. The desired copy will not be delivered, except under court subpoena, until the full amount of the lawful charge is deposited. Any excess deposit of $1 or more over the lawful charge will be returned to the applicant. Excess deposits of less than $1 will be returned upon request. When a deposit is received with an application, such a deposit will be returned to the applicant should the application be denied.\n\n(h) Copies of reports or records received from other Government departments or agencies will not be furnished except as provided in \u00a7 1.513.\n\n(i)  Fees to be charged \u2014(1)  Schedule of fees:\n\n( Note.  If VA regularly contracts for duplicating services related to providing the requested records, such as the duplication of microfilm or architect's plans and drawings, the contractor fees may be included in the actual direct cost to the Agency)\n\n(2)  Benefit records.  When VA benefit records are requested by a VA beneficiary or applicant for VA benefits, the duplication fee for one complete set of such records will be waived.\n\n(j) If the copy is to be transmitted by certified or registered mail, airmail, or special delivery mail, the postal fees therefor shall be added to the other fees provided in paragraph (i) of this section (or the order must include postage stamps or stamped return envelopes for the purpose).\n\n(k) Those Department of Veterans Affairs installations not having copying equipment are authorized to arrange with the nearest Department of Veterans Affairs installation having such equipment to make the necessary authorized copies of records or documents.\n\n(l) Administration, staff office, and field facility heads are authorized to designate employees to certify copies of records and papers furnished under the provisions of paragraph (a) of this section."], ["38:38:1.0.1.1.2.0.13.82", 38, "Pensions, Bonuses, and Veterans' Relief", "I", "", "1", "PART 1\u2014GENERAL PROVISIONS", "", "", "", "\u00a7 1.527 Administrative review.", "VA", "", "", "[32 FR 10850, July 25, 1967, as amended at 55 FR 21546, May 25, 1990]", "(a) Any person may, in the event of a denial of his or her request to inspect or obtain information from or copies of records within the purview of \u00a7\u00a7 1.501 through 1.526, appeal such denial. Such appeal, stating the circumstances of the denial, should be addressed, as appropriate, to the field facility, administration, or staff office head.\n\n(b) A denial action not reversed by a field facility, administration, or staff office head on appeal, will be referred through normal channels to the General Counsel.\n\n(c) The final agency decision in such appeals will be made by the General Counsel or the Deputy General Counsel."], ["38:38:1.0.1.1.2.0.13.83", 38, "Pensions, Bonuses, and Veterans' Relief", "I", "", "1", "PART 1\u2014GENERAL PROVISIONS", "", "", "", "\u00a7 1.550 Purpose.", "VA", "", "", "[76 FR 51892, Aug. 19, 2011, as amended at 84 FR 12125, Apr. 1, 2019]", "(a) Sections 1.550 through 1.562 contain the rules followed by VA in processing requests for records under the Freedom of Information Act (FOIA), 5 U.S.C. 552, as amended. These regulations should be read together with the FOIA, which provides the underlying legal basis for the regulations and other information regarding requests for records in the custody of a Federal agency. The regulations also should be read together with VA's FOIA Reference Guide, available on VA's FOIA home page (see \u00a7 1.552(a) for the pertinent Internet address) and FOIA fee guidance provided by the Office of Management and Budget (OMB), Uniform Freedom of Information Act Fee Schedule and Guidelines, available at  http://www.whitehouse.gov/sites/default/files/omb/assets/omb/inforeg/foia_fee_schedule_1987.pdf.\n\n(b) Requests for records about an individual, protected under the Privacy Act, 5 U.S.C. 552a, including one's own records and records that pertain to an individual and that may be sensitive, will be processed under the FOIA and the Privacy Act. The FOIA applies to third-party requests for documents concerning the general activities of the Government and of VA in particular. When a U.S. citizen or an individual lawfully admitted for permanent residence requests access to his or her own records, it is considered a Privacy Act request. Such records are maintained by VA under the individual's name or personal identifier. Although requests are considered either FOIA requests or Privacy Act requests, agencies process requests in accordance with both laws, which provides the greatest degree of lawful access while safeguarding an individual's personal privacy. In addition to the following FOIA regulations, see 1.575 through 1.584 for regulations applicable of Privacy Act records.\n\n(c) Requests for records relating to a claim administered by VA pursuant to 38 U.S.C. 5701 will be processed under the FOIA and 38 U.S.C. 5701. In addition to the following FOIA regulations, see \u00a7\u00a7 1.500 through 1.527 for regulations implementing 38 U.S.C. 5701.\n\n(d) Requests for records relating to healthcare quality assurance reviews pursuant to 38 U.S.C. 5705 will be processed under the FOIA and 38 U.S.C. 5705. In addition to the following FOIA regulations,  see  38 CFR 17.500 through 17.511 for regulations implementing 38 U.S.C. 5705.\n\n(e) Requests for records relating to treatment for the conditions specified in 38 U.S.C. 7332, such as drug abuse, alcoholism or alcohol abuse, infection with the Human Immunodeficiency Virus (HIV), or sickle cell anemia, will be processed under the FOIA and 38 U.S.C. 7332. In addition to the following FOIA regulations,  see  \u00a7\u00a7 1.460 through 1.499 of this part for regulations implementing 38 U.S.C. 7332."], ["38:38:1.0.1.1.2.0.13.84", 38, "Pensions, Bonuses, and Veterans' Relief", "I", "", "1", "PART 1\u2014GENERAL PROVISIONS", "", "", "", "\u00a7 1.551 Definitions.", "VA", "", "", "[76 FR 51892, Aug. 19, 2011, as amended at 84 FR 12125, Apr. 1, 2019]", "As used in \u00a7\u00a7 1.550 through 1.562, the following definitions apply:\n\nAgency  means any executive department, military department, government corporation, government controlled corporation, or other establishment in the executive branch of the Federal government, or independent regulatory entity.\n\nAppeal  means a requester's written disagreement with an adverse determination under the FOIA.\n\nBeneficiary  means a veteran or other individual who has received benefits (including medical benefits) or has applied for benefits pursuant to title 38, United States Code.\n\nBenefits records  means an individual's records, which pertain to programs under any of the benefits laws administered by the Secretary of Veterans Affairs.\n\nBusiness day  means the time during which typical Federal government offices are open for normal business. It does not include Saturdays, Sundays, or Federal legal public holidays. The term \u201cday\u201d means business day unless otherwise specified.\n\nBusiness information  means confidential or privileged commercial or financial information obtained by VA from a submitter that may be protected from disclosure under Exemption 4 of the FOIA, 5 U.S.C. 552(b)(4).\n\nComponent  means each distinct VA entity, including Administrations, staff offices, services, or facilities.\n\nExpedited processing  means giving a FOIA request priority for processing ahead of other pending requests because VA has determined that the requester has shown an exceptional need or urgency for the records as provided in these regulations.\n\nFees.  For fees and fee-related definitions, see \u00a7 1.561.\n\nFOIA Officer  means the individual within a VA component whose responsibilities include addressing and granting or denying requests for records under the FOIA.\n\nFOIA Public Liaison  means a supervisory agency FOIA official who assists in the resolution of any disputes between the requester and the agency.\n\nPerfected request  means a written FOIA request that meets the requirements set forth in \u00a7 1.554 of this part and for which there are no remaining issues about the payment of applicable fees or any other matter that requires resolution prior to processing.\n\nReading room  means space made available, as needed, in VA components where records are available for review pursuant to 5 U.S.C. 552(a)(2). Ordinarily, the VA component providing a public reading room space will be the component that maintains the record.\n\nRecord  means a document, a portion of a document, and information contained within a document, and can include information derived from a document or a database. Such documents may be maintained in paper, electronic, and other forms, but do not include objects, such as tissue slides, blood samples, or computer hardware.\n\nRequest  means a written demand for records under the FOIA as described \u00a7 1.554(a). The term request includes any action emanating from the initial demand for records, including any subsequent action related to the request.\n\nRequester  means, generally, any individual, partnership, corporation, association, or foreign or state or local government, which has made a demand to access an agency record.\n\nSubmitter  means any person or entity (including corporations, state, local and tribal governments and foreign governments) from whom VA obtains trade secrets or confidential commercial or financial information either directly or indirectly.\n\nVA  means the Department of Veterans Affairs.\n\nVA Central Office (VACO)  means the headquarters of the Department of Veterans Affairs. The mailing address is 810 Vermont Avenue, NW., Washington, DC 20420.\n\nWritten or in writing  means communications such as letters, photocopies of letters, electronic mail, and facsimiles (faxes), and does not include any form of oral communication."], ["38:38:1.0.1.1.2.0.13.85", 38, "Pensions, Bonuses, and Veterans' Relief", "I", "", "1", "PART 1\u2014GENERAL PROVISIONS", "", "", "", "\u00a7 1.552 General provisions.", "VA", "", "", "[76 FR 51893, Aug. 19, 2011, as amended at 84 FR 12125, Apr. 1, 2019; 86 FR 60771, Nov. 4, 2021]", "(a)  Additional information.  Information regarding VA's FOIA and Privacy Act process generally, including how to file FOIA requests, and information made available by VA under the FOIA, is available at the following internet address:  https://www.va.gov/foia.\n\n(b)  Public Liaisons.  VA has made available FOIA Public Liaisons to assist in the resolution of disputes between the agency and the requester. Contact information for VA's FOIA Public Liaisons can be found on VA's FOIA home page. See \u00a7 1.552(a) for the pertinent Internet address.\n\n(c)  FOIA Annual Report.  Under 5 U.S.C. 552(e), VA is required to prepare an annual report regarding its FOIA activities. The report includes information about FOIA requests and appeals. Copies of VA's annual FOIA report may be obtained from VA's Chief FOIA Officer or by visiting VA's FOIA Web site. See \u00a7 1.552(a) for the pertinent Internet address."], ["38:38:1.0.1.1.2.0.13.86", 38, "Pensions, Bonuses, and Veterans' Relief", "I", "", "1", "PART 1\u2014GENERAL PROVISIONS", "", "", "", "\u00a7 1.553 Public reading rooms and discretionary disclosures.", "VA", "", "", "[76 FR 51893, Aug. 19, 2011]", "(a) VA maintains a public reading room electronically at its FOIA home page on the Internet, which contains the records that the FOIA requires to be regularly made available for public inspection and copying. See \u00a7 1.552(a) for the pertinent Internet address. Information routinely provided to the public (press releases, for example) may be provided without following these sections. In addition, as a matter of policy, VA may make discretionary releases of records or information exempt from disclosure under the FOIA when permitted to do so in accordance with current law and governmental policy. Each VA component is responsible for determining which of its records are required to be made available and for making its records available electronically.\n\n(b) VA may process, in accordance with the FOIA, records that it makes publicly available. Information in a public reading room record will be redacted, for example, if its release would be a clearly unwarranted invasion of an individual's personal privacy.\n\n(c) Some VA components may also maintain physical public reading rooms. Information regarding these components and their contact information is available on VA's FOIA home page on the Internet. See \u00a7 1.552(a) for the pertinent Internet address. If the requester does not have access to the Internet and wishes to obtain information regarding publicly available information or components that have a physical reading room, he or she may write VA's Chief FOIA Officer at the following address: Department of Veterans Affairs, FOIA Service (005R1C), 810 Vermont Avenue, NW., Washington, DC 20420."], ["38:38:1.0.1.1.2.0.13.87", 38, "Pensions, Bonuses, and Veterans' Relief", "I", "", "1", "PART 1\u2014GENERAL PROVISIONS", "", "", "", "\u00a7 1.554 Requirements for making requests.", "VA", "", "", "[76 FR 51893, Aug. 19, 2011, as amended at 84 FR 12125, Apr. 1, 2019]", "(a)  Requests by letter and facsimile (fax).  The FOIA request must be in writing and may be by letter or fax. To assist in processing, the request letter, envelope, or fax cover sheet of any FOIA request should be marked \u201cFreedom of Information Act Request.\u201d Information helpful for filing a request, such as a list of VA FOIA contacts, VA's FOIA Reference Guide, and the text of the FOIA, are available on VA's FOIA homepage on the internet. See \u00a7 1.552(a) for the pertinent internet address. VA has a decentralized FOIA system, meaning that each VA component,  i.e.,  administrations and staff offices, the Veterans Health Administration (VHA) medical centers, Veterans Benefits Administration (VBA) regional offices, or offices located within the VA Central Office in Washington, DC ( e.g.,  the Office of the Secretary), maintain their own FOIA processes and respond to FOIA requests directly. Accordingly, requesters must write directly to the FOIA Officer for the VA component that maintains the records. If requesting records from a particular medical facility, regional office, or Central Office component, the request should be sent to the FOIA Office at the address listed for that component. A legible return address must be included with the FOIA request; the requester may wish to include other contact information as well, such as a telephone number and email address. If the requester is not sure where to send the request, he or she should seek assistance from the FOIA Contact for the office believed to manage the programs whose records are being requested or, if these efforts fail, he or she should send the request to the Director, FOIA Service (005R1C), 810 Vermont Avenue NW, Washington, DC 20420, who will refer it for action to the FOIA contact at the appropriate component.\n\n(b)  Requests by email.  VA accepts email FOIA requests. To assure prompt processing, email FOIA requests must be sent to official VA FOIA mailboxes established for the purpose of receiving FOIA requests. An email FOIA request that is sent to an individual VA employee's mailbox, or to any other entity, will not be considered a perfected FOIA request. Mailbox addresses designated to receive email FOIA requests are available on VA's FOIA homepage. See \u00a7 1.552(a) for the pertinent internet address.\n\n(c)  The content of a request.  Whether submitting the request by letter, fax, or email, the following applies: If the requester is seeking records about himself or herself or to which a confidentiality statute applies (38 U.S.C. 5701,  e.g. ), the requester must comply with the verification of identity requirements set forth in \u00a7 1.577 of this part, which applies to requests for records maintained under the Privacy Act. If the requester is seeking records not covered by the Privacy Act, but which the requester believes may pertain to him or her, the requester may obtain greater access to the records by complying with the verification of identity requirements set forth in \u00a7 1.577 of this part, by providing the image of the requester's signature (such as an attachment that shows the requester's handwritten signature), or by submitting a notarized, signed statement affirming his or her identity or a declaration made in compliance with 28 U.S.C. 1746. The suggested language for a statement under 28 U.S.C. 1746 is included on VA's FOIA homepage; see \u00a7 1.552(a) for the pertinent internet address. If the requester is seeking records pertaining to another individual under the FOIA, whether by letter, fax, or email, the requester may obtain greater access to the records if he or she provides satisfactory authorization to act on behalf of the record subject to receive the records or by submitting proof that the record subject is deceased ( e.g.,  a copy of a death certificate or an obituary). Each component has discretion to require that a requester supply additional information to verify that a record subject has consented to disclosure.\n\n(d)  Description of records sought.  (1) The requester must describe the records sought in enough detail to allow VA personnel to locate them with a reasonable amount of effort. To the extent possible, the requester should include specific information about each record sought, such as the date, title or name, author, recipient, and subject matter of the document. Generally, the more information the requester provides about the record sought, the more likely VA personnel will be able to locate any responsive records. Wide-ranging requests that lack specificity, or contain descriptions of very general subject matters, with no description of specific records, may be considered \u201cnot reasonably described\u201d and thus not subject to further processing.\n\n(2) Requests for voluminous amounts of records may be placed in a complex track of a multitrack processing system pursuant to \u00a7 1.556(b); such requests also may meet the criteria for \u201cunusual circumstances,\u201d which are processed in accordance with \u00a7 1.556(c) and may require more than 20 business days to process despite the agency's exercise of due diligence.\n\n(3) If the FOIA Officer determines that the request does not reasonably describe the records sought, the FOIA Officer will tell the requester why the request is insufficient. The FOIA Officer will also provide an opportunity to discuss the request by documented telephonic communication or written correspondence in order to modify it to meet the requirements of this section.\n\n(4) The time limit for VA to process the FOIA request will not start until the FOIA Officer determines that the requester has reasonably described the records sought in the FOIA request. If the FOIA Officer seeks additional clarification regarding the request and does not receive the requester's written response within 30 calendar days of the date of its communication with the requester, he or she will conclude that the requester is no longer interested in pursuing the request and will close VA's files on the request.\n\n(e)  Agreement to pay fees.  The time limit for processing a FOIA request will be tolled while any fee issue is unresolved. Depending on the circumstances, the FOIA Officer will notify the requester of the following: That the FOIA Officer anticipates that the fees for processing the request will exceed the amount that the requester has stated a willingness to pay or will amount to more than $25.00 or the amount set by Office of Management and Budget fee guidelines, whichever is higher; whether the FOIA Officer is requiring the requester to agree in writing to pay the estimated fee; or whether advance payment of the fee is required prior to processing the request ( i.e.,  if the estimated fee amount exceeds $250 or the requester previously has failed to pay a FOIA fee in a timely manner). If the FOIA Officer does not receive the requester's written response to the notice regarding any of these items within 10 business days of the date of the FOIA Officer's written communication with the requester, the FOIA Officer will close the request. If requesting a fee waiver under \u00a7 1.561, the requester nonetheless may state his or her willingness to pay a fee up to an identified amount in the event that the fee waiver is denied; this will allow the component to process the FOIA request while considering the fee waiver request. If the requester pays a fee in advance, and VA later determines that the requester overpaid or is entitled to a full or partial fee waiver, a refund will be made. (For more information on the collection of fees under the FOIA, see \u00a7 1.561.)\n\n(f) The requester must meet all of the requirements of this section in order for the request to be perfected."], ["38:38:1.0.1.1.2.0.13.88", 38, "Pensions, Bonuses, and Veterans' Relief", "I", "", "1", "PART 1\u2014GENERAL PROVISIONS", "", "", "", "\u00a7 1.555 Responsibility for responding to requests.", "VA", "", "", "[76 FR 51894, Aug. 19, 2011]", "(a)  General.  Except as stated in paragraphs (c) and (d) of this section, the FOIA Officer of the component that first receives a request for records is responsible for either processing the request or referring it to the designated FOIA Officer for the appropriate component. Offices that are within the component responsible for processing the FOIA request shall provide the component FOIA Officer all documents responsive to the request that are in their possession as of the date the search for responsive records begins.\n\n(b)  Authority to grant or deny requests.  Each component shall designate a FOIA Officer who is responsible for making determinations pursuant to the FOIA.\n\n(c)  Consultations and referrals.  When a component FOIA Officer determines that the component maintains responsive records that either originated with another component or agency, or which contain information provided by, or of substantial interest to, another component or agency, then the FOIA Officer shall either:\n\n(1) Respond to the request, after consulting with the component or the agency that originated or has a substantial interest in the records involved; or\n\n(2) Refer the responsibility for responding to the request or portion of the request to the component best able to determine whether to disclose the relevant records, or to the agency that created or initially acquired the record as long as that agency is subject to the FOIA. Ordinarily, the component or agency that created or initially acquired the record will be presumed to be best able to make the disclosure assessment. The referring component shall document the referral and maintain a copy of the records that it refers.\n\n(d)  Classified information.  The FOIA Officer will refer requests for records containing classified information to the component or agency that classified the information for processing.\n\n(e)  Notice of referral.  Whenever a FOIA Officer refers all or part of a request and responsibility for processing the request to another component or agency, the FOIA Officer will notify the requester in writing of the referral and provide the requester the name and contact information of the entity to which the request has been referred, after consulting with the entity to which the request is to be referred to ensure that the request is being referred to the correct entity. If only part of the request was referred, the FOIA Officer will inform the requester and identify the referred part at the time of the referral or in the final response."], ["38:38:1.0.1.1.2.0.13.89", 38, "Pensions, Bonuses, and Veterans' Relief", "I", "", "1", "PART 1\u2014GENERAL PROVISIONS", "", "", "", "\u00a7 1.556 Timing of responses to requests.", "VA", "", "", "[76 FR 51894, Aug. 19, 2011, as amended at 84 FR 12126, Apr. 1, 2019]", "(a)  General.  Components ordinarily shall respond to requests according to their order of receipt and within the time frames established under the FOIA. If a request for expedited processing is granted in accordance with paragraph (d) of this section, such request will be processed prior to requests in either of the tracks described in paragraph (b) of this section.\n\n(b)  Multitrack processing.  (1) VA will use two processing tracks in addressing a request for records: Simple and complex, based upon the amount of work and/or time needed to process the request, including consideration of the number of pages involved.\n\n(2) The FOIA Officer shall advise the requester of the track into which the request has been placed and of the criteria of the faster track. The FOIA Officer will provide requesters in the slower track the opportunity to limit the scope of their requests in order to qualify for processing in the faster track. The FOIA Officer may contact the requester either by telephone or in writing, whichever the FOIA Officer determines is most efficient and expeditious; telephonic communication will be documented.\n\n(c)  Unusual circumstances.  (1) FOIA Officers may encounter \u201cunusual circumstances,\u201d where it is not possible to meet the statutory time limits for processing the request. In such cases, the FOIA Officer will extend the 20-business day time limit for 10 more business days and notify the requester in writing of the unusual circumstances and the date by which it expects to complete processing of the request. Where the extension exceeds 10 working days, the agency must, as described by the FOIA, provide the requester with an opportunity to modify the request or arrange an alternative time period for processing the original or modified request; notice of the availability of the VA FOIA Public Liaison, and the right to seek dispute resolution services from the Office of Government Information Services. Unusual circumstances consist of the following:\n\n(i) The need to search for and collect the requested records from field facilities or components other than the office processing the request;\n\n(ii) The need to search for, collect and examine a voluminous amount of separate and distinct records that are the subject of a single request; or\n\n(iii) The need for consultation with another agency or among two or more VA components or another agency having a substantial interest in the subject matter of a request.\n\n(2) Where the FOIA Officer reasonably believes that certain requests from the same requester, or a group of requesters acting in concert, actually constitute the same request that would otherwise satisfy the unusual circumstances specified in this paragraph, and the requests involve clearly related matters, the FOIA Officer may aggregate those requests. Multiple requests involving unrelated matters will not be aggregated.\n\n(d)  Expedited processing.  (1) Requests will be processed out of the order in which they were received by the component responsible for processing the FOIA request and given expedited treatment when VA determines that:\n\n(i) The failure to obtain the requested records on an expedited basis could reasonably be expected to pose an imminent threat to the life or physical safety of an individual;\n\n(ii) There is an urgency to inform the public concerning actual or alleged Federal government activity, if the request is made by a person primarily engaged in disseminating information;\n\n(iii) In the discretion of the FOIA Officer, the request warrants such treatment; or\n\n(iv) There is widespread and exceptional interest in which possible questions exist about the government's integrity which affect public confidence.\n\n(2) A requester who is seeking expedited processing must submit a statement, certified to be true to the best of the requester's knowledge and belief, providing a detailed basis for how there is a compelling need. VA may waive the requirement for certification of the statement of compelling need as a matter of administrative discretion.\n\n(3) Within 10 calendar days of its receipt of a request for expedited processing, the FOIA Officer shall determine whether to grant the request and will provide the requester written notice of the decision. If the FOIA Officer grants a request for expedited processing, the FOIA Officer shall give the request priority and process it as soon as practicable. If the FOIA Officer denies the request for expedited processing, the requester may appeal the denial, which appeal shall be addressed expeditiously."], ["38:38:1.0.1.1.2.0.13.90", 38, "Pensions, Bonuses, and Veterans' Relief", "I", "", "1", "PART 1\u2014GENERAL PROVISIONS", "", "", "", "\u00a7 1.557 Responses to requests.", "VA", "", "", "[76 FR 51894, Aug. 19, 2011, as amended at 84 FR 12127, Apr. 1, 2019]", "(a)  Acknowledgement of requests.  When a request for records is received by a component designated to receive requests, the component's FOIA Officer will assign a FOIA request number; the FOIA Officer will send the requester written acknowledgement of receipt of the request and will advise the requester of the assigned FOIA request number and how the requester may obtain the status of his or her request.\n\n(b)  Processing of requests.  Upon receipt of a perfected request by the appropriate component, the FOIA Officer will make a reasonable effort to search for records responsive to the request. The FOIA Officer ordinarily will include as responsive those records in its possession and control as of the date the search for responsive records began. This includes searching for records in electronic form or format, unless to do so would interfere significantly with the agency's automated information systems. If fees for processing the request are due under \u00a7 1.561, the FOIA Officer shall inform the requester of the amount of the fee as provided in \u00a7 1.554(e) and \u00a7 1.561. When a request is granted in part, the FOIA Officer shall mark, redact, or annotate the records to be released to show the amount of information deleted and, where technically feasible, indicate the exemption at the place of redaction unless doing so would harm an interest protected by an applicable exemption. The FOIA Officer will provide the records in the form or format sought by the requester, if readily reproducible in that form or format.\n\n(c)  Time limits for processing requests.  A component must advise the requester within 20 business days from the date of VA's receipt of the request whether the request is granted in its entirety, granted in part, or denied in its entirety and provide the reasons therefor. If the request must be referred to another component, the response time will begin on the date that the request was received by the appropriate component, but in any event not later than 10 business days after the referring office receives the FOIA request; the referring component has an affirmative duty to refer the FOIA request within 10 business days.\n\n(d)  Grants of requests in full.  When a component makes a determination to grant a request in full, it shall notify the requester in writing. The component also shall inform the requester of any fees charged under \u00a7 1.561. The component also must inform the requester of his or her right to appeal and to seek mediation or the assistance of the appropriate VA FOIA Public Liaison and provide the contact information for the Liaison.\n\n(e)  Adverse determinations of requests.  When a component makes an adverse determination denying the request in any respect, the component FOIA Officer shall promptly notify the requester of the adverse determination in writing. Adverse determinations include decisions that a requested record is exempt from release in whole or in part, does not exist or cannot be located, is not readily reproducible in the form or format sought by the requester, or is not a record subject to the FOIA; adverse determinations also include denials regarding requests for expedited processing and requests involving fees, such as requests for fee waivers. The adverse determination notice must be signed by the component head or the component's FOIA Officer, and shall include the following:\n\n(1) The name and title or position of the person responsible for the adverse determination;\n\n(2) A brief statement of the reason(s) for the denial, including any FOIA exemptions applied by the FOIA Officer in denying the request;\n\n(3) The amount of information withheld in number of pages or other reasonable form of estimation; an estimate is not necessary if the volume is indicated on redacted pages disclosed in part or if providing an estimate would harm an interest provided by an applicable exemption;\n\n(4) Notice that the requester may appeal the adverse determination and a description of the requirements for an appeal under \u00a7 1.559 of this part; and\n\n(5) Notice that the requester may seek assistance or dispute resolution services from the VA FOIA Public Liaison or dispute resolution services from the Office of Government Information Services."], ["38:38:1.0.1.1.2.0.13.91", 38, "Pensions, Bonuses, and Veterans' Relief", "I", "", "1", "PART 1\u2014GENERAL PROVISIONS", "", "", "", "\u00a7 1.558 Business information.", "VA", "", "", "[76 FR 51895, Aug. 19, 2011, as amended at 84 FR 12127, Apr. 1, 2019]", "(a)  General.  Business information received by VA from a submitter will be considered under the FOIA pursuant to this section and in accordance with the requirements set forth in \u00a7 1.557 of this part.\n\n(b)  Designation of business information.  The submitter of business information may designate that specific records or portions of records submitted are business information, at the time of submission or within a reasonable time thereafter. The submitter must use good faith efforts in designating records that the submitter claims could be expected to cause substantial competitive harm and thus warrant protection under Exemption 4 of the FOIA, 5 U.S.C. 552(b)(4). The submitter may mark the record submission as confidential or use the words \u201cbusiness information\u201d or describe the specific records that contain business information. Such designation will be considered, but will not control, the FOIA Officer's decision on disclosing the material. A designation will remain in effect for a period of not more than 10 years after receipt by VA, unless the submitter provides acceptable justification for a longer period. The submitter may designate a shorter period by including an expiration date.\n\n(c)  Notices to submitters.  (1) The FOIA Officer shall promptly notify the submitter in writing of a FOIA request seeking the submitter's business information whenever the FOIA Officer has reason to believe that the information may be protected under FOIA Exemption 4, 5 U.S.C. 552(b)(4), regarding business information. The written notice will provide the submitter an opportunity to object to disclosure of any specified portion of the records within the reasonable time period specified in the notice. The notice will either describe in detail the business information requested (e.g., an entire contract identified by a unique number) or shall provide copies of the requested record(s) or record portions containing the business information. When notification of a voluminous number of submitters is required, the FOIA Officer may notify the submitters by posting or publishing the notice in a place reasonably likely to accomplish notification.\n\n(2) If the FOIA Officer determines to release business information over the objection(s) of the submitter, the FOIA Officer will notify the submitter pursuant to paragraph (e) of this section.\n\n(3) Whenever the FOIA Officer notifies the submitter of VA's intent to disclose over the submitter's objections, the FOIA Officer will also notify the requester by separate correspondence.\n\n(4) Exceptions to this notice provision are contained in paragraph (f) of this section.\n\n(d)  Opportunity to object to disclosure.  When notification to a submitter is made pursuant to paragraph (c)(1) of this section, the submitter may object to the disclosure of any specified portion(s) of the record(s). The submitter's objection(s) must be in writing, addressed to the FOIA Officer, and must be received by the reasonable date specified in the FOIA Officer's notice in order for VA to consider such objections. If the submitter has any objection to disclosure of the record(s) requested, or any specified portion(s) thereof, the submitter must identify the specific record(s) or portion(s) of records for which objection(s) are made. The objection will specify in detail all grounds for withholding any record(s) or portion(s) of the record(s) upon which disclosure is opposed under any exemption of the FOIA. In particular, if the submitter is asserting that the record is protected under Exemption 4, 5 U.S.C. 552(b)(4), it must show why the information is a trade secret or commercial or financial information that is privileged or confidential. The submitter must explain in detail how and why disclosure of the specified records would likely cause substantial competitive harm in the case of a required submission or state whether the records would customarily be disclosed by the submitter upon a request from the public in the case of a voluntary submission. The submitter's objections must be contained within a single written response; oral responses or subsequent, multiple responses generally will not be considered. If the submitter does not respond to the notice described in paragraph (c)(1) of this section within the specified time limit, the submitter will be considered to have no objection to disclosure of the information.\n\n(e)  Consideration of objection(s) and notice of intent to disclose.  The FOIA Officer will consider all pertinent factors, including but not limited to, the submitter's timely objection(s) to disclosure and the specific grounds provided by the submitter for non-disclosure in deciding whether to disclose business information. Information provided by the submitter after the specified time limit and after the component has made its disclosure decision generally will not be considered. In addition to meeting the requirements of \u00a7 1.557, when a FOIA Officer decides to disclose business information over the objection of a submitter, the FOIA Officer will provide the submitter with written notice, which includes:\n\n(1) A statement of the reason(s) why each of the submitter's disclosure objections were not sustained;\n\n(2) A description of the business information to be disclosed; and\n\n(3) A specified disclosure date of not less than 10 days from the date of the notice (to allow the submitter time to take necessary legal action).\n\n(f)  Exceptions to notice requirements.  The notice requirements set forth in paragraphs (c) and (g) of this section will not apply if:\n\n(1) The FOIA Officer determines that the information should not be disclosed;\n\n(2) The information lawfully has been published or has been officially made available to the public; or\n\n(3) Disclosure of the information is required by statute, other than the FOIA, or by a regulation issued in accordance with the requirements of Executive Order 12600 or any other Executive Order.\n\n(g)  Notice to requesters.  When VA receives a request for records that may contain confidential commercial information protected by FOIA Exemption 4, 5 U.S.C. 552(b)(4), regarding business information, the requester will be notified that the request is being processed under the provisions of this regulation and, as a consequence, there may be a delay in receiving a response. The notice to the requester will not include any of the specific information contained in the records being requested."], ["38:38:1.0.1.1.2.0.13.92", 38, "Pensions, Bonuses, and Veterans' Relief", "I", "", "1", "PART 1\u2014GENERAL PROVISIONS", "", "", "", "\u00a7 1.559 Appeals.", "VA", "", "", "[76 FR 51895, Aug. 19, 2011, as amended at 84 FR 12127, Apr. 1, 2019]", "(a)  Informal resolution prior to appeal.  Before filing an appeal, the requester may wish to communicate with the contact person listed in the FOIA response or the component's FOIA Officer to see if the issue can be resolved informally. Informal resolution of the requester's concerns may be appropriate, for example, where additional details may be required for a search for responsive records. Communication with VA at this level does not toll the time limit for filing an administrative appeal.\n\n(b)  How to file and address a written appeal.  The requester may appeal an adverse determination denying the request, in any respect, except for those concerning Office of Inspector General records, to the VA Office of the General Counsel (024), 810 Vermont Avenue NW, Washington, DC 20420. Any appeals concerning Office of Inspector General records must be sent to the VA Office of Inspector General, Office of Counselor (50), 810 Vermont Avenue NW, Washington, DC 20420. The FOIA appeal must be in writing and may be by letter or facsimile (fax); whichever method is used, the appeal must comply with all requirements of this paragraph and paragraph (d). Information regarding where to fax the FOIA appeal is available on VA's FOIA homepage on the internet. See \u00a7 1.552(a) of this part for the pertinent internet address.\n\n(c)  How to file an email appeal.  VA accepts email appeals; the appeal must comply with all requirements of this paragraph and paragraph (d) of this section. In order to assure initial processing of an appeal filed by email, the email must be sent to one of the official VA FOIA mailboxes established for the purpose of receiving FOIA appeals; an email FOIA appeal that is sent to an individual VA employee's mailbox, or to any other entity, will not be considered a perfected FOIA appeal. Mailbox addresses designated to receive email FOIA appeals are available on VA's FOIA homepage. See \u00a7 1.552(a) of this part for the pertinent internet address.\n\n(d)  Time limits and content of appeal.  The appeal to the VA OGC (024) or VA Office of Inspector General (50) must be received or postmarked no later than 90 calendar days after the date of the adverse determination and must contain the following: A legible return address; clear identification of the determination being appealed, including any assigned request number (if no request number was assigned, other information must be provided such as the name of the FOIA officer, the address of the component, the date of the component's determination, if any, and the precise subject matter of the appeal); and identification of the part of the determination that is being appealed (if appealing only a portion of the determination). If the appeal involves records about the requester himself or herself or records to which a confidentiality statute applies, the requester must comply with the verification of identity requirements set forth in \u00a7 1.577 of this part, which applies to requests for records maintained under the Privacy Act. If the appeal involves records not covered by the Privacy Act, but which the requester believes may pertain to him or her, the requester may obtain greater access to the records by complying with the verification of identity requirements set forth in \u00a7 1.577 of this part, providing the image of the requester's signature (such as an attachment that shows the requester's handwritten signature), or submitting a notarized, signed statement affirming his or her identity or a declaration made in compliance with 28 U.S.C. 1746. The suggested language for a statement under 28 U.S.C. 1746 is included on VA's FOIA homepage. See \u00a7 1.552(a) of this part for the pertinent internet address. If the appeal involves records pertaining to another individual ( i.e.,  the requester is not the record subject), the requester may obtain greater access to the records if he or she provides satisfactory authorization to act on behalf of the record subject to receive the records or by submitting proof that the record subject is deceased ( e.g.,  a copy of a death certificate or an obituary). Each component has discretion to require that a requester supply additional information to verify that a record subject has consented to disclosure. Appeals should be marked \u201cFreedom of Information Act Appeal.\u201d The requester may include other information as well, such as a telephone number and email address and a copy of the initial agency determination. An appeal is not perfected until VA either receives the required information identified above or the appeal is otherwise easily and sufficiently defined. The designated official within the Office of the General Counsel (024) will act on behalf of the Secretary on all appeals under this section, except those pertaining to the Office of Inspector General. The designated official in the Office of Inspector General will act on all appeals pertaining to Office of Inspector General records. A determination by the Office of General Counsel, or designated official within the Office of Inspector General, will be the final VA action.\n\n(e)  Responses to appeals.  The Office of the General Counsel or the Office of Inspector General, as applicable, will provide the requester a decision on the appeal in writing. The decision will include a brief statement of the reasons for the decision, including, if applicable, any FOIA exemptions applied and notice of the right to judicial review of the decision.\n\n(f)  Court review.  Unless the requester has been deemed to have exhausted all administrative remedies, he or she must first appeal the adverse determination in accordance with this section before seeking review by a court."], ["38:38:1.0.1.1.2.0.13.93", 38, "Pensions, Bonuses, and Veterans' Relief", "I", "", "1", "PART 1\u2014GENERAL PROVISIONS", "", "", "", "\u00a7 1.560 Maintenance and preservation of records.", "VA", "", "", "[76 FR 51895, Aug. 19, 2011]", "(a) Each component will preserve all correspondence pertaining to FOIA requests as well as copies of pertinent records, until disposition is authorized under title 44, U.S.C., or the National Archives and Records Administration's General Records Schedule 14.\n\n(b) The FOIA Officer must maintain copies of records that are the subject of a pending request, appeal, or lawsuit under the FOIA. A copy of all records shall be provided promptly to the Office of the General Counsel upon request."], ["38:38:1.0.1.1.2.0.13.94", 38, "Pensions, Bonuses, and Veterans' Relief", "I", "", "1", "PART 1\u2014GENERAL PROVISIONS", "", "", "", "\u00a7 1.561 Fees.", "VA", "", "", "[76 FR 51895, Aug. 19, 2011, as amended at 84 FR 12128, Apr. 1, 2019; 84 FR 14874, Apr. 12, 2019]", "(a)  General.  VA will charge for processing requests under the FOIA, as amended, and in accordance with this section. Requesters must pay fees by check or money order made payable to the Treasury of the United States. Payment by credit card also may be acceptable; the requester should contact the FOIA Officer for instructions on credit card payments. Note that fees associated with requests from VA beneficiaries, applicants for VA benefits, or other individuals, for records retrievable by their names or individual identifiers processed under 38 U.S.C. 5701 (records associated with claims for benefits) and 5 U.S.C. 552a (the Privacy Act), will be assessed fees in accordance with the applicable regulatory fee provisions relating to VA benefits and VA Privacy Act records.\n\n(b)  Definitions.  For purposes of assessing or determining fees, the following definitions apply:\n\n(1)  All other requests  means a request that does not fit into any of the categories in this section.\n\n(2)  Commercial use request  means a request from or on behalf of one who seeks information for a use or purpose that furthers his or her commercial, trade, or profit interests, to include furthering those interests through litigation. To the extent possible, the FOIA Officer shall determine the use to which the requester will put the requested records. When the intended use of the records is unclear from the request or when there is reasonable cause to doubt the use to which the requester will put the records sought, the FOIA Officer will provide the requester a reasonable opportunity to submit further clarification.\n\n(3)  Direct costs  mean expenses that VA incurs in responding to a FOIA request; direct costs include searching for and duplicating (and in the case of commercial use requesters, reviewing) records to respond to a FOIA request, the hourly wage of the employee performing the work plus 16 percent of the hourly wage, and the cost of operating duplication machinery. Direct costs do not include overhead expenses, such as the costs of space or heating and lighting of the facility where the records are kept.\n\n(4)  Duplication  means making a copy of a record necessary to respond to a FOIA request; copies may take the form of paper, microform, audiovisual materials or machine readable-documentation (e.g., magnetic tape or disk), among others. The copy provided must be in a form that is reasonably usable by requesters.\n\n(5)  Educational institution  means a pre-school, a public or private elementary or secondary school, an institution of undergraduate or graduate higher education, an institution of professional education, or an institution of vocational education, which operates a program or programs of scholarly research. To be in this category, the FOIA Officer must make a determination that the request is authorized by and made under the auspices of a qualifying institution and that the records are sought to further a scholarly research goal of the institution and not the individual goal of the requester or a commercial goal of the institution.\n\n(6)  Non-commercial scientific institution  means an institution that is not operated on a \u201ccommercial\u201d basis (as that term is defined in paragraph (b)(2) of this section) and that is operated solely for the purpose of conducting scientific research, the results of which are not intended to promote any particular product or industry. To be in this category, the requester must show that the request is authorized by and is made under the auspices of a qualifying institution and that the records are sought to further scientific research and are not sought for a commercial use.\n\n(7)  Representative of the news media  means any person or entity that gathers information of potential interest to a segment of the public, uses its editorial skills to turn the raw materials into a distinct work, and distributes that work to an audience. The term  news  means information that is about current events or that would be of current interest to the public. Examples of news media entities include television or radio stations broadcasting to the public at large and publishers of periodicals (but only if such entities qualify as disseminators of \u201cnews\u201d) who make their products available for purchase or subscription or free distribution to the general public. These examples are not all-inclusive. As methods of news delivery evolve (for example, the adoption of the electronic dissemination of newspapers through telecommunications services), such alternative media that otherwise meet the criteria for news media shall be considered to be news-media entities. Freelance journalists may be regarded as working for a news-media entity if they can demonstrate a solid basis for expecting publication through that entity, even though not actually employed by it. A publication contract would be the clearest proof, but the requester's publication history may also be considered. To be in this category, the requester must not be seeking the requested records for a commercial use; a records request supporting the requester's news-dissemination function shall not be considered to be for a commercial use.\n\n(8)  Review  means examining a record including audiovisual, electronic mail, data bases, documents and the like in response to a commercial use request to determine whether any portion of it is exempt from disclosure. Review includes the deletion of exempt material or other processing necessary to prepare the record(s) for disclosure. Review time includes time spent contacting any submitter and considering or responding to any objections to disclosure made by a submitter under \u00a7 1.558(d) but does not include time spent resolving general legal or policy issues regarding the application of exemptions. Review costs are recoverable even if, after review, a record is not disclosed.\n\n(9)  Search  means the process of looking for and retrieving records that are responsive to a request, including line-by-line or page-by-page identification of responsive information within records.  Search  also includes reasonable efforts to locate and retrieve information from records maintained in electronic form or format. The component will conduct searches in the most efficient and least expensive manner reasonably possible. The FOIA Officer may charge for time spent searching even if he or she does not locate any responsive record(s) or if any record(s) located is withheld as entirely exempt from disclosure.\n\n(10)  Fee waiver  means waiving or reducing processing fees if a requester can demonstrate that certain statutory standards are satisfied, including that the information is in the public interest and is not requested for commercial interest.\n\n(c)  Categories of requesters and fees to be charged each category.  There are four categories of FOIA requesters: Commercial use requesters, educational and non-commercial scientific institutional requesters, representatives of the news media, and all other requesters. Unless a waiver or reduction of fees is granted under paragraph (n) of this section or is limited in accordance with paragraph (e) of this section, specific levels of fees will be charged for each category as follows:\n\n(1)  Commercial use requesters.  Subject to the limitations in paragraph (e) of this section, commercial use requesters will be charged the full direct costs of the search, review, and duplication of records sought. Commercial use requesters are not entitled to 2 hours of free search time or the first 100 pages of reproduced documents free of charge.\n\n(2)  Duplication.  When the agency provides duplicated records in response to a request, no more than one copy will be provided.\n\n(3)  Representative of the news media.  Subject to the limitations in paragraph (e) of this section, representatives of the news media will be charged for the cost of reproduction only, excluding charges for the first 100 pages.\n\n(4)  All other requesters.  Subject to the limitations in paragraph (e) of this section, a requester who does not fit into any of the categories in this section will be charged fees to recover the full, reasonable direct cost of searching for and reproducing records responsive to a request, except that the first 2 hours of search time and the first 100 pages of reproduction will be furnished without cost.\n\n(d)  Fees to be charge.d  The following fees will be used when calculating the fee owed pursuant to a request or appeal. The fees also apply to making documents available for public inspection and copying under \u00a7 1.553 of this part.\n\n(1)  Search \u2014(i)  Search fees.  When a FOIA Officer determines that a search fee applies, the fee will be based on the hourly salary of VA personnel performing the search, plus 16 percent of the salary. The type and number of personnel involved in addressing the request or appeal depends on the nature and complexity of the request and responsive records. Fees are charged in quarter hour increments.\n\n(ii)  Computer search.  In cases where a computer search is required, the requester will be charged the direct costs of conducting the search, although certain requesters (as provided in paragraph (e)(1) of this section) will be charged no search fee and certain other requesters (as provided in paragraph (e)(4) of this section) will be entitled to the cost of 2 hours of employee search time without charge. When a computer search is required, VA will combine the hourly cost of operating the computer with the employee's salary, plus 16 percent of the salary. When the cost of the search (including the employee time, to include the cost of developing a search methodology, and the cost of the computer to process a request) equals the dollar amount of 2 hours of the salary of the employee performing the search, VA will begin to assess charges for a computer search.\n\n(2)  Duplication.  When a duplication fee applies, the FOIA Officer will charge a fee of 15 cents per one-sided page for a paper photocopy of a record; no more than one copy will be provided. For other forms of duplication, including electronic copies, the FOIA Officer will charge the direct costs of that duplication.\n\n(3)  Review.  When review fees apply, review fees will be charged at the initial level of review only, when the component responsible for processing the request determines whether an exemption applies to a record or portion of a record. For review at the appeal level, no fee will be charged for an exemption that has already been applied and is determined to still apply. However, record or record portions withheld under an exemption that is subsequently determined not to apply may be reviewed again to determine whether any other exemption not previously considered applies; the costs of that review are chargeable. Review fees will be charged at the same rates as those charged for search under paragraph (d)(1) of this section.\n\n(e)  Limitations on charging fees.  (1) When VA determines that a requester is an educational institution, a non-commercial scientific institution, or a representative of the news media, VA will not charge search fees.\n\n(2) VA charges fees in quarter hour increments; no search or review fee will be charged for a quarter hour period unless more than half of that period is required for search or review.\n\n(3) VA may provide free copies of records or free services in response to an official request from another government agency or a congressional office and when a component head or designee determines that doing so will assist in providing medical care to a VA patient or will otherwise assist in the performance of VA's mission.\n\n(4)(i) If VA fails to comply with the time limit to respond to a request, it may not charge search fees, or, in cases of requests from requesters described in paragraph (e)(1) of this section, may not charge duplication fees, except as described in paragraph (e)(4)(ii) through (iv) of this section.\n\n(ii) If VA has determined that unusual circumstances as defined by the FOIA apply and has provided timely written notice to the requester in accordance with the FOIA, a failure to comply with the time limit shall be excused for an additional 10 days.\n\n(iii) If VA has determined that unusual circumstances as defined by the FOIA apply and more than 5,000 pages are necessary to respond to the request, VA may charge search fees, or in the case of requesters described in paragraph (e)(1) of this section, may charge duplication fees, if the following steps are taken: VA must provide timely written notice of unusual circumstances to the requester in accordance with the FOIA and must discuss with the requester via written mail, email or telephone (and later confirmed in writing) (or have made not less than three good-faith attempts to do so) how the requester could effectively limit the scope of the request in accordance with 5 U.S.C. 552(a)(6)(B)(ii). If this exception is satisfied, the component may charge all applicable fees incurred in the processing of the request.\n\n(iv) if a court has determined that exceptional circumstances exist, as defined by the FOIA, a failure to comply with the time limits shall be excused for the length of time provided by the court order.\n\n(f) The following table summarizes the chargeable fees for each category of requester.\n\n(g)  Fee schedule.  If it is determined that a fee will be charged for processing the FOIA request, VA will charge the direct cost to the agency and in accordance with the requester's fee category (see \u00a7 1.561(c)); to the extent possible, direct costs are itemized in paragraph 1 of this section. Duplication fees also are applicable to records provided in response to requests made under the Privacy Act (see \u00a7 1.577(e),(f)).\n\n(1) Schedule of fees:\n\nVA will charge fees consistent with the salary scale published by the Office of Personnel Management (OPM).\n\n(2) [Reserved]\n\n(h)  Notification of fee estimate or other fee issues.  (1) VA will not charge the requester if the fee is $25.00 or less.\n\n(2) When a FOIA Officer determines or estimates that the fees to be charged under this section will amount to more than $25.00 or the amount set by OMB fee guidelines, whichever is higher, the FOIA Officer will notify the requester in writing of the actual or estimated amount of fees and ask the requester to provide written assurance of the payment of all fees or fees up to a designated amount, unless he or she has indicated a willingness to pay fees as high as those anticipated. Any such agreement to pay the fees shall be memorialized in writing. When the requester does not provide sufficient information upon which VA can identify a fee category (see paragraphs (c)(1) through (c)(4) of this section), or a clarification is otherwise required regarding a fee, the FOIA Officer may notify the requester and seek clarification; the notification to the requester will state that if a written response is not received within 10 days, the request will be closed. The timeline for responding to the request will be tolled and no further work will be done on the request until the fee issue has been resolved.\n\n(i)  Charges for other services.  Apart from the other provisions of this section, VA will charge the requester the direct costs of providing any special handling or services requested, such as certifying that records are true copies or sending them by other than ordinary mail. The FOIA Officer may choose to provide such a service as a matter of administrative discretion.\n\n(j)  Charging interest.  The FOIA Officer may charge interest on any unpaid bill starting on the 31st day following the date of billing the requester. Interest charges will be assessed at the rate provided in 31 U.S.C. 3717 and will accrue until payment is received by the component. Components will follow the provisions of the Debt Collection Act of 1982 (Pub. L. 97-365, 96 Stat. 1749), as amended, and its administrative procedures, including the use of consumer reporting agencies, collection agencies, and offset.\n\n(k)  Aggregating requests.  Whenever a FOIA Officer reasonably believes that a requester or group of requesters acting together is attempting to divide a request into a series of requests for the purpose of avoiding fees, the FOIA Officer may aggregate those requests and charge accordingly. FOIA Officers may presume that multiple requests of this type made within a 30-day period have been made in order to avoid fees. Where requests are separated by a longer period, the FOIA Officer will aggregate them only where there exists a solid basis for determining that aggregation is warranted under all the circumstances involved. Multiple requests involving unrelated matters will not be aggregated.\n\n(l)  Advance payments.  (1) For requests other than those described in paragraphs (l)(2) and (l)(3) of this section, a FOIA Officer shall not require the requester to make an advance payment\u2014in other words, a payment made before work is begun or continued on a request. Payment owed for work already completed ( i.e.,  a prepayment before copies are sent to the requester) is not an advance payment.\n\n(2) Where a FOIA Officer determines or estimates that a total fee to be charged under this section will be more than $250.00, the FOIA Officer may require the requester to make an advance payment of an amount up to the amount of the entire anticipated fee before beginning to process the request.\n\n(3) Where the requester previously has failed to pay a properly charged FOIA fee to VA within 30 days of the date of billing, a FOIA Officer may require the requester to pay the full amount due, plus any applicable interest as specified in this section, and to make an advance payment of the full amount of any anticipated fee, before the FOIA Officer begins to process a new request or continues to process a pending request from that requester.\n\n(4) When the requester has a history of prompt payment, the FOIA Officer may accept a satisfactory assurance of full payment from the requester rather than an advance payment.\n\n(5) In cases in which a FOIA Officer requires advance payment or payment is due under this section, the time for responding to the request will be tolled and further work will not be done on the request until the required payment is received.\n\n(m)  Other statutes specifically providing for fees.  The fee schedule of this section does not apply to fees charged under any statute that specifically requires an agency to set and collect fees for particular types of records. Where records responsive to requests are maintained for distribution by agencies operating such statutorily-based fee schedule programs, the FOIA Officer will inform requesters of the steps for obtaining records from those sources so that they may do so most economically.\n\n(n)  Requirements for waiver or reduction of fees.  (1)  Waiving or reducing fees.  Fees for processing the request may be waived if the requester meets the criteria listed in this section. The requester must submit adequate justification for a fee waiver; without adequate justification, the request will be denied. The FOIA Officer may, at his or her discretion, communicate with the requester to seek additional information, if necessary, regarding the fee waiver request. If the additional information is not received from the requester within 10 days of the FOIA Officer's communication with the requester, VA will assume that the requester does not wish to pursue the fee waiver request and the fee waiver request will be closed. If the request for waiver or reduction is denied or closed, the underlying FOIA request will continue to be processed in accordance with the applicable provisions of this Part. Requests for fee waivers are decided on a case-by-case basis; receipt of a fee waiver in the past does not establish entitlement to a fee waiver each time a request is submitted.\n\n(2) Records responsive to a request will be furnished without charge or at a charge reduced below that established under paragraph (d) of this section where a FOIA Officer determines, based on all available evidence, that the requester has demonstrated that:\n\n(i) Disclosure of the requested information is in the public interest because it is likely to contribute significantly to public understanding of the operations or activities of the government, and\n\n(ii) Disclosure of the information is not primarily in the commercial interest of the requester.\n\n(3) To determine whether the fee waiver requirement under paragraph (n)(2)(i) of this section is met, the FOIA Officer will consider the following factors:\n\n(i)  The subject of the request: Whether the subject of the requested records concerns \u201cthe operations or activities of the government.\u201d  The subject of the requested records must concern identifiable operations or activities of the federal government, with a connection that is direct and clear, not remote or attenuated.\n\n(ii)  The informative value of the information to be disclosed: Whether the disclosure is \u201clikely to contribute\u201d to an understanding of government operations or activities.  The disclosable portions of the requested records must be meaningfully informative about government operations or activities in order to be \u201clikely to contribute\u201d to an increased public understanding of those operations or activities. The disclosure of information that already is in the public domain, in either a duplicative or a substantially identical form, would not be as likely to contribute to such understanding where nothing new would be added to the public's understanding.\n\n(iii)  The contribution to an understanding of the subject by the public likely to result from disclosure: Whether disclosure of the requested information will contribute to \u201cpublic understanding.\u201d  The disclosure must contribute to the understanding of a reasonably broad audience of persons interested in the subject, as opposed to the individual understanding of the requester. The requester's expertise in the subject area and ability and intention to effectively convey information to the public shall be considered. It shall be presumed that a representative of the news media will satisfy this consideration.\n\n(iv)  The significance of the contribution to public understanding: Whether the disclosure is likely to contribute \u201csignificantly\u201d to public understanding of government operations or activities.  The public's understanding of the subject in question, as compared to the level of public understanding existing prior to the disclosure, must be enhanced by the disclosure to a significant extent. The FOIA Officer will not make value judgments about whether information that would contribute significantly to public understanding of the operations or activities of the government is important enough to be made public.\n\n(4) To determine whether the fee waiver requirement under paragraph (n)(2)(ii) of this section is met, the FOIA Officer will consider the following factors:\n\n(i)  The existence and magnitude of a commercial interest: Whether the requester has a commercial interest that would be furthered by the requested disclosure.  The FOIA Officer shall consider any commercial interest of the requester (with reference to the definition of \u201ccommercial use\u201d in paragraph (b)(2) of this section), or of any person on whose behalf the requester may be acting, that would be furthered by the requested disclosure. Requesters shall be given an opportunity in the administrative process to provide explanatory information regarding this consideration.\n\n(ii)  The primary interest in disclosure: Whether any identified commercial interest of the requester is sufficiently large, in comparison with the public interest in disclosure, that disclosure is \u201cprimarily in the commercial interest of the requester.\u201d  A fee waiver or reduction is justified where the public interest standard is satisfied and that public interest is greater in magnitude than that of any identified commercial interest in disclosure. The FOIA Officer ordinarily shall presume that where a news media requester has satisfied the public interest standard, the public interest will be the interest primarily served by disclosure to that requester. Disclosure to data brokers or others who merely compile and market government information for direct economic return will not be presumed to primarily serve the public interest.\n\n(5) Where only some of the records to be released satisfy the requirements for a waiver of fees, a fee waiver will be granted only for those records which so qualify.\n\n(6) Requests for the waiver or reduction of fees should address the factors listed in paragraph (n)(3) and (4) of this section, insofar as they apply to each request. FOIA Officers will exercise their discretion to consider the cost-effectiveness of their investment of administrative resources in this decision-making process, however, in deciding to grant waivers or reductions of fees.\n\n(7) An appeal from an adverse fee determination will be processed in accordance with \u00a7 1.559.\n\n(8) When considering a request for fee waiver, VA may require proof of identity."], ["38:38:1.0.1.1.2.0.13.95", 38, "Pensions, Bonuses, and Veterans' Relief", "I", "", "1", "PART 1\u2014GENERAL PROVISIONS", "", "", "", "\u00a7 1.562 Other rights and services.", "VA", "", "", "[76 FR 51895, Aug. 19, 2011]", "Nothing in this part shall be construed to entitle any person, as of right, to any service or to the disclosure of any record to which such person is not entitled under the FOIA."], ["38:38:1.0.1.1.2.0.15.100", 38, "Pensions, Bonuses, and Veterans' Relief", "I", "", "1", "PART 1\u2014GENERAL PROVISIONS", "", "", "", "\u00a7 1.579 Amendment of records.", "VA", "", "", "[47 FR 16324, Apr. 16, 1982]", "(a) Any individual may request amendment of any Department of Veterans Affairs record pertaining to him or her. Not later than 10 days (excluding Saturdays, Sundays, and legal public holidays) after the date or receipt of such request, the Department of Veterans Affairs will acknowledge in writing such receipt. The Department of Veterans Affairs will complete the review to amend or correct a record as soon as reasonably possible, normally within 30 days from the receipt of the request (excluding Saturdays, Sundays, and legal public holidays) unless unusual circumstances preclude completing action within that time. The Department of Veterans Affairs will promptly either:\n\n(1) Correct any part thereof which the individual believes is not accurate, relevant, timely or complete; or\n\n(2) Inform the individual of the Department of Veterans Affairs refusal to amend the record in accordance with his or her request, the reason for the refusal, the procedures by which the individual may request a review of that refusal by the Secretary or designee, and the name and address of such official.\n\n(b) The administration or staff office having jurisdiction over the records involved will establish procedures for reviewing a request from an individual concerning the amendment of any record or information pertaining to the individual, for making a determination on the request, for an appeal within the Department of Veterans Affairs of an initial adverse Department of Veterans Affairs determination, and for whatever additional means may be necessary for each individual to be able to exercise fully, his or her right under 5 U.S.C. 552a.\n\n(1) Headquarters officials designated as responsible for the amendment of records or information located in Central Office and under their jurisdiction include, but are not limited to: Secretary; Deputy Secretary, as well as other appropriate individuals responsible for the conduct of business within the various Department of Veterans Affairs administrations and staff offices. These officials will determine and advise the requester of the identifying information required to relate the request to the appropriate record, evaluate and grant or deny requests to amend, review initial adverse determinations upon request, and assist requesters desiring to amend or appeal initial adverse determinations or learn further of the provisions for judicial review.\n\n(2) The following field officials are designated as responsible for the amendment of records or information located in facilities under their jurisdiction, as appropriate: The Director of each Center, Domiciliary, Medical Center, Outpatient Clinic, Regional Office, Supply Depot, and Regional Counsels. These officials will function in the same manner at field facilities as that specified in the preceding subparagraph for headquarters officials in Central Office.\n\n(c) Any individual who disagrees with the Department of Veterans Affairs refusal to amend his or her record may request a review of such refusal. The Department of Veterans Affairs will complete such review not later than 30 days (excluding Saturdays, Sundays, and legal public holidays) from the date on which the individual request such review and make a final determination unless, for good cause shown, the Secretary extends such 30-day period. If, after review, the Secretary or designee also refuses to amend the record in accordance with the request the individual will be advised of the right to file with the Department of Veterans Affairs a concise statement setting forth the reasons for his or her disagreement with the Department of Veterans Affairs refusal and also advise of the provisions for judicial review of the reviewing official's determination. (5 U.S.C. 552a(g)(1)(A))\n\n(d) In any disclosure, containing information about which the individual has filed a statement of disagreement, occurring after the filing of the statement under paragraph (c) of this section, the Department of Veterans Affairs will clearly note any part of the record which is disputed and provide copies of the statement (and, if the Department of Veterans Affairs deems it appropriate, copies of a concise statement of the Department of Veterans Affairs reasons for not making the amendments requested) to persons or other agencies to whom the disputed record has been disclosed. (5 U.S.C. 552a(d)(4)) (38 U.S.C. 501)"], ["38:38:1.0.1.1.2.0.15.101", 38, "Pensions, Bonuses, and Veterans' Relief", "I", "", "1", "PART 1\u2014GENERAL PROVISIONS", "", "", "", "\u00a7 1.580 Administrative review.", "VA", "", "", "[84 FR 12130, Apr. 1, 2019]", "(a) Upon consideration and denial of a request under \u00a7 1.577 or \u00a7 1.579 of this part, the responsible VA official or designated employee will inform the requester  in writing  of the denial. The adverse determination notice must be signed by the component head or the component's Privacy Officer, and shall include the following:\n\n(1) The name and title or position of the person responsible for the adverse determination;\n\n(2) A brief statement of the reason(s) for the denial and the policy upon which the denial is based; and\n\n(3) Notice that the requester may appeal the adverse determination under paragraph (b) of this section to the Office of General Counsel (providing the address as follows: Office of General Counsel (024), 810 Vermont Avenue NW, Washington, DC 20420), and instructions on what information is required for an appeal, which includes why the individual disagrees with the initial denial with specific attention to one or more of the four standards ( e.g.,  accuracy, relevance, timeliness, and completeness), and a copy of the denial letter and any supporting documentation that demonstrates why the individual believes the information does not meet these requirements.\n\n(b) The final agency decision in appeals of adverse determinations described in paragraph (a) of this section will be made by the designated official within the Office of General Counsel (024).\n\n(c) A written denial must have occurred to appeal to OGC. The absence of a response to an access  or  amendment request filed with a VA component is  not  a denial. If an individual has not received a response to a request for access to or amendment of records, the individual must pursue the request with the Privacy Officer of the administration office ( e.g.,  the VHA, VBA, or National Cemetery Administration Privacy Officer) or staff office ( e.g.,  the Office of Information Technology or Office of Inspector General Privacy Staff Officer) that has custody over the records."], ["38:38:1.0.1.1.2.0.15.102", 38, "Pensions, Bonuses, and Veterans' Relief", "I", "", "1", "PART 1\u2014GENERAL PROVISIONS", "", "", "", "\u00a7 1.581 [Reserved]", "VA", "", "", "", ""], ["38:38:1.0.1.1.2.0.15.103", 38, "Pensions, Bonuses, and Veterans' Relief", "I", "", "1", "PART 1\u2014GENERAL PROVISIONS", "", "", "", "\u00a7 1.582 Exemptions.", "VA", "", "", "[48 FR 29847, June 29, 1983, as amended at 68 FR 35298, June 13, 2003; 89 FR 51443, June 18, 2024; 90 FR 46063, Sept. 25, 2025]", "(a) Certain systems of records maintained by the Department of Veterans Affairs are exempted from provisions of the Privacy Act in accordance with exemptions (j) and (k) of 5 U.S.C. 552a.\n\n(b)  Exemption of Inspector General Systems of Records.  The Department of Veterans Affairs provides limited access to Inspector General Systems of Records as indicated.\n\n(1) The following systems of records are exempted pursuant to the provisions of 5 U.S.C. 552a(j)(2) from subsections (c)(3) and (4), (d), (e)(1), (2) and (3), (e)(4) (G), (H) and (I), (e)(5) and (8), (f) and (g) of 5 U.S.C. 552a; in addition, the following systems of records are exempted pursuant to the provisions of 5 U.S.C. 552a(k)(2) from subsections (c)(3), (d), (e)(1), (e)(4) (G), (H), and (I), and (f) of 5 U.S.C. 552a:\n\n(i) Investigation Reports of Persons Allegedly Involved in Irregularities Concerning VA and Federal Laws, Regulations, Programs, etc.\u2014VA (11 VA51); and\n\n(ii) Inspector General Complaint Center Records\u2014VA (66VA53).\n\n(2) These exemptions apply to the extent that information in those systems is subject to exemptions pursuant to 5 U.S.C. 552a (j)(2) and (k)(2).\n\n(3) For the reasons set forth, the systems of records listed under paragraph (b)(1) of this section are exempted under sections 552a (j)(2) and (k)(2) from the following provisions of 5 U.S.C. 552a:\n\n(i) 5 U.S.C. 552a(c)(3) requires that upon request, an agency must give an individual named in a record an accounting which reflects the disclosure of the record to other persons or agencies. This accounting must state the date, nature and purpose of each disclosure of the record and the name and address of the recipient. The application of this provision would alert subjects to the existence of the investigation and identify that such persons are subject of that investigation. Since release of such information to subjects would provide them with significant information concerning the nature of the investigation, it could result in the altering or destruction of derivative evidence which is obtained from third parties, improper influencing of witnesses, and other activities that could impede or compromise the investigation.\n\n(ii) 5 U.S.C. 552a(c)(4), (d), (e)(4) (G) and (H), (f) and (g) relate to an individual's right to be notified of the existence of records pertaining to such individual; requirements for identifying an individual who requests access to records; the agency procedures relating to access to records and the amendment of information contained in such records; and the civil remedies available to the individual in the event of adverse determinations by an agency concerning access to or amendment of information contained in record systems. This system is exempt from the foregoing provisions for the following reasons: To notify an individual at the individual's request of the existence of records in an investigative file pertaining to such individual or to grant access to an investigative file could interfere with investigative and enforcement proceedings, threaten the safety of individuals who have cooperated with authorities, constitute an unwarranted invasion of personal privacy of others, disclose the identity of confidential sources, reveal confidential information supplied by these sources, and disclose investigative techniques and procedures.\n\n(iii) 5 U.S.C. 552a(e)(4)(I) requires the publication of the categories of sources of records in each system of records. The application of this provision could disclose investigative techniques and procedures and cause sources to refrain from giving such information because of fear of reprisal, or fear of breach of promises of anonymity and confidentiality. This could compromise the ability to conduct investigations and to identify, detect and apprehend violators. Even though the agency has claimed an exemption from this particular requirement, it still plans to generally identify the categories of records and the sources for these records in this system. However, for the reasons stated in paragraph (b)(3)(ii) of this section, this exemption is still being cited in the event an individual wants to know a specific source of information.\n\n(iv) 5 U.S.C. 552a(e)(1) requires each agency to maintain in its records only such information about an individual that is relevant and necessary to accomplish a purpose of the agency required by statute or Executive order. These systems of records are exempt from the foregoing provisions because:\n\n(A) It is not possible to detect the relevance or necessity of specific information in the early stages of a criminal or other investigation.\n\n(B) Relevance and necessity are questions of judgment and timing. What appears relevant and necessary may ultimately be determined to be unnecessary. It is only after the information is evaluated that the relevance and necessity of such information can be established.\n\n(C) In any investigation the Inspector General may obtain information concerning the violations of laws other than those within the scope of his/her jurisdiction. In the interest of effective law enforcement, the Inspector General should retain this information as it may aid in establishing patterns of criminal activity and provide leads for those law enforcement agencies charged with enforcing other segments of civil or criminal law.\n\n(v) 5 U.S.C. 552a(e)(2) requires an agency to collect information to the greatest extent practicable directly from the subject individual when the information may result in adverse determinations about an individual's rights, benefits, and privileges under Federal programs. The application of this provision would impair investigations of illegal acts, violations of the rules of conduct, merit system and any other misconduct for the following reasons:\n\n(A) In order to successfully verify a complaint, most information about a complainant or an individual under investigation must be obtained from third parties such as witnesses and informers. It is not feasible to rely upon the subject of the investigation as a source for information regarding his/her activities because of the subject's rights against self-incrimination and because of the inherent unreliability of the suspect's statements. Similarly, it is not always feasible to rely upon the complainant as a source of information regarding his/her involvement in an investigation.\n\n(B) The subject of an investigation will be alerted to the existence of an investigation if an attempt is made to obtain information from the subject. This would afford the individual the opportunity to conceal any criminal activities to avoid apprehension.\n\n(vi) 5 U.S.C. 552a(e)(3) requires that an agency must inform the subject of an investigation who is asked to supply information of:\n\n(A) The authority under which the information is sought and whether disclosure of the information is mandatory or voluntary;\n\n(B) The purposes for which the information is intended to be used;\n\n(C) The routine uses which may be made of the information; and\n\n(D) The effects on the subject, if any, of not providing the requested information. The reasons for exempting this system of records from the foregoing provision are as follows:\n\n( 1 ) The disclosure to the subject of the purposes of the investigation as stated in paragraph (b)(3)(vi)(B) of this paragraph would provide the subject with substantial information relating to the nature of the investigation and could impede or compromise the investigation.\n\n( 2 ) If the complainant or the subject were informed of the information required by this provision, it could seriously interfere with undercover activities requiring disclosure of the authority under which the information is being requested. This could conceivably jeopardize undercover agents' identities and impair their safety, as well as impair the successful conclusion of the investigation.\n\n( 3 ) Individuals may be contacted during preliminary information gathering in investigations before any individual is identified as the subject of an investigation. Informing the individual of the matters required by this provision would hinder or adversely affect any present or subsequent investigations.\n\n(vii) 5 U.S.C. 552a(e)(5) requires that records be maintained with such accuracy, relevance, timeliness, and completeness as is reasonably necessary to assure fairness to the individual in making any determination about an individual. Since the law defines  maintain  to include the collection of information, complying with this provision would prevent the collection of any data not shown to be accurate, relevant, timely, and complete at the moment of its collection. In gathering information during the course of an investigation it is not always possible to determine this prior to collection of the information. Facts are first gathered and then placed into a logical order which objectively proves or disproves criminal behavior on the part of the suspect. Material which may seem unrelated, irrelevant, incomplete, untimely, etc., may take on added meaning as an investigation progresses. The restrictions in this provision could interfere with the preparation of a complete investigative report.\n\n(viii) 5 U.S.C. 552a(e)(8) requires an agency to make reasonable efforts to serve notice on an individual when any record on such individual is made available to any person under compulsory legal process when such process becomes a matter of public record. The notice requirement of this provision could prematurely reveal an ongoing criminal investigation to the subject of the investigation.\n\n(c)  Exemption of Loan Guaranty Service, Veterans Benefits Administration, Systems of Records.  The Department of Veterans Affairs provides limited access to Loan Guaranty Service, Veterans Benefits Administration, systems of records as indicated:\n\n(1) The following systems of records are exempted pursuant to the provisions of 5 U.S.C. 552a(k)(2) from subsections (c)(3), (d), (e)(1) and (e)(4) (G), (H) and (I) and (f):\n\n(i) Loan Guaranty Fee Personnel and Program Participant Records\u2014VA (17VA26); and\n\n(ii) Loan Guaranty Home Condominium and Mobile Home Loan Applicant Records and Paraplegic Grant Application Records\u2014VA (55VA26).\n\n(2) These exemptions apply to the extent that information in these systems is subject to exemption pursuant to 5 U.S.C. 552a(k)(2).\n\n(3) For the reasons set forth, the systems of records listed under paragraph (c)(1) of this section are exempted under 5 U.S.C. 552a(k)(2) from the following provisions of 5 U.S.C. 552a:\n\n(i) 5 U.S.C. 552a(c)(3) requires that an agency make accountings of disclosures of records available to individuals named in the records at their request. These accountings must state the date, nature and purpose of each disclosure of the record and the name and address of the recipient. The application of this provision would alert subjects of an investigation to the existence of the investigation and that such persons are subjects of that investigation. Since release of such information to subjects of an investigation would provide the subjects with significant information concerning the nature of the investigation, it could result in the altering or destruction of documentary evidence, improper influencing of witnesses and other activities that could impede or compromise the investigation.\n\n(ii) 5 U.S.C. 552a(d), (e)(4) (G) and (H) and (f) relate to an individual's right to be notified of the existence of records pertaining to such individual; requirements for identifying an individual who requests access to records; and the agency procedures relating to access to records and the contest of information contained in such records. This system is exempt from the foregoing provisions for the following reasons: To notify an individual at the individual's request of the existence of records in an investigative file pertaining to such individual or to grant access to an investigative file could interfere with investigative and enforcement proceedings; constitute an unwarranted invasion of the personal privacy of others; disclose the identity of confidential sources and reveal confidential information supplied by these sources and disclose investigative techniques and procedures.\n\n(iii) 5 U.S.C. 552a(e)(4)(I) requires the publication of the categories of sources of records in each system of records. The application of this provision could disclose investigative techniques and procedures and cause sources to refrain from giving such information because of fear of reprisal, or fear of breach of promises of anonymity and confidentiality. This would compromise the ability to conduct investigations. Even though the agency has claimed an exemption from this particular requirement, it still plans to generally identify the categories of records and the sources for these records in this system. However, for the reasons stated above, this exemption is still being cited in the event an individual wanted to know a specific source of information.\n\n(iv) 5 U.S.C. 552a(e)(1) requires each agency to maintain in its records only such information about an individual that is relevant and necessary to accomplish a purpose of the agency required by statute or Executive order. This system of records is exempt from the foregoing provision because:\n\n(A) It is not possible to detect relevance or necessity of specific information in the early stages of an investigation.\n\n(B) Relevance and necessity are questions of judgment and timing. What appears relevant and necessary when collected may ultimately be determined to be unnecessary. It is only after the information is evaluated that the relevance and necessity of such information can be established.\n\n(C) In interviewing persons or obtaining other forms of evidence during an investigation, information may be supplied to the investigator which relates to matters incidental to the main purpose of the investigation but which is appropriate in a thorough investigation. Oftentimes, such information cannot readily be segregated.\n\n(4) The following system of records is exempt pursuant to the provisions of 5 U.S.C. 552a(k)(5) from subsections (c)(3), (d), (e)(1), (e)(4) (G), (H) and (I) and (f): Loan Guaranty Fee Personnel and Program Participant Records\u2014VA (17 VA 26).\n\n(5) This exemption applies to the extent that information in this system is subject to exemption pursuant to 5 U.S.C. 552a(k)(5).\n\n(6) For the reasons set forth, the system of records listed in paragraph (c)(4) of this section is exempt under 5 U.S.C. 552a(k)(5) from the following provisions of 5 U.S.C. 552a:\n\n(i) 5 U.S.C. 552a(c)(3) requires that an agency make accountings of disclosures of records available to individuals named in the records at their request. These accountings must state the date, nature and purpose of each disclosure of the record and the name and address of the recipient. The application of this provision would alert subjects of background suitability investigations to the existence of the investigation and reveal that such persons are subjects of that investigation. Since release of such information to subjects of an investigation would provide the subjects with significant information concerning the nature of the investigation, it could result in revealing the identity of a confidential source.\n\n(ii) 5 U.S.C. 552a(d), (e)(4) (G) and (H) and (f) relate to an individual's right to be notified of the existence of records pertaining to such individual; requirements for identifying an individual who requests access to records; and the agency procedures relating to access to records and the contest of information contained in such records. This system is exempt from the foregoing provisions for the following reasons: To notify an individual at the individual's request of the existence of records in an investigative file pertaining to such an individual or to grant access to an investigative file would disclose the identity of confidential sources and reveal confidential information supplied by these sources.\n\n(iii) 5 U.S.C. 552a(e)(4)(I) requires the publication of the categories of sources of records in each system of records. The application of this provision could disclose sufficient information to disclose the identity of a confidential source and cause sources to refrain from giving such information because of fear of reprisal, or fear of breach of promises of anonymity and confidentiality. This would compromise the ability to conduct background suitability investigations.\n\n(iv) 5 U.S.C. 552a(e)(1) requires each agency to maintain in its records only such information about an individual that is relevant and necessary to accomplish a purpose of the agency required by statute or Executive order. This system of records is exempt from the foregoing provision because:\n\n(A) It is not possible to detect relevance and necessity of specific information from a confidential source in the early stages of an investigation.\n\n(B) Relevance and necessity are questions of judgment and timing. What appears relevant and necessary when collected may ultimately be determined to be unnecessary. It is only after the information is evaluated that the relevance and necessity of such information can be established regarding suitability for VA approval as a fee appraiser or compliance inspector.\n\n(C) In interviewing persons or obtaining other forms of evidence during an investigation for suitability for VA approval, information may be supplied to the investigator which relates to matters incidental to the main purpose of the investigation but which is appropriate in a thorough investigation. Oftentimes, such information cannot readily be segregated and disclosure might jeopardize the identity of a confidential source.\n\n(d)  Exemption of Police and Security Records.  VA provides limited access to one Security and Law Enforcement System of Records, Police and Security Records\u2014VA (103VA07B).\n\n(1) The investigations records and reports contained in this System of Records are exempted [pursuant to 5 U.S.C. 552a(j)(2) of the Privacy Act of 1974] from Privacy Act subsections (c)(3) and (c)(4); (d); (e)(1) through (e)(3), (e)(4)(G) through (e)(4)(I), (e)(5), and (e)(8); (f); and (g); in addition, they are exempted [pursuant to 5 U.S.C. 552a(k)(2) of the Privacy Act of 1974] from Privacy Act subsections (c)(3); (d); (e)(1), (e)(4)(G) through (e)(4)(I); and (f).\n\n(2) These records contained in the Police and Security Records\u2014VA (103VA076B) are exempted for the following reasons:\n\n(i) The application of Privacy Act subsection (c)(3) would alert subjects to the existence of the investigation and reveal that they are subjects of that investigation. Providing subjects with information concerning the nature of the investigation could result in alteration or destruction of evidence which is obtained from third parties, improper influencing of witnesses, and other activities that could impede or compromise the investigation.\n\n(ii) The application of Privacy Act subsections (c)(4); (d); (e)(4)(G) and (e)(4)(H); (f); and (g) could interfere with investigative and enforcement proceedings, threaten the safety of individuals who have cooperated with authorities, constitute an unwarranted invasion of personal privacy of others, disclose the identity of confidential sources, reveal confidential information supplied by these sources, and disclose investigative techniques and procedures.\n\n(iii) The application of Privacy Act subsection (e)(4)(I) could disclose investigative techniques and procedures and cause sources to refrain from giving such information because of fear of reprisal, or fear of breach of promises of anonymity and confidentiality. This could compromise the ability to conduct investigations and to identify, detect and apprehend violators. Even though the agency has claimed an exemption from this particular requirement, it still plans to generally identify the categories of records and the sources of these records in this system. However, for the reason stated in paragraph (d)(2)(ii) of this section, this exemption is still being cited in the event an individual wants to know a specific source of information.\n\n(iv) These records contained in the Police and Security Records\u2014VA (103VA076B) are exempt from Privacy Act subsection (e)(1) because it is not possible to detect the relevance or necessity of specific information in the early stages of a criminal or other investigation. Relevance and necessity are questions of judgment and timing. What appears relevant and necessary may ultimately be determined to be unnecessary. It is only after the information is evaluated that the relevance and necessity of such information can be established. In any investigation, the Office of Security and Law Enforcement may obtain information concerning violations of laws other than those within the scope of its jurisdiction. In the interest of effective law enforcement, the Office of Security and Law Enforcement should retain this information as it may aid in establishing patterns of criminal activity and provide leads for those law enforcement agencies charged with enforcing other segments of civil or criminal law.\n\n(v) The application of Privacy Act subsection (e)(2) would impair investigations of illegal acts, violations of the rules of conduct, merit system and any other misconduct for the following reasons:\n\n(A) In order to successfully verify a complaint, most information about a complainant or an individual under investigation must be obtained from third parties such as witnesses and informers. It is not feasible to rely upon the subject of the investigation as a source for information regarding his/her activities because of the subject's rights against self-incrimination and because of the inherent unreliability of the suspect's statements. Similarly, it is not always feasible to rely upon the complainant as a source of information regarding his/her involvement in an investigation.\n\n(B) The subject of an investigation will be alerted to the existence of an investigation if an attempt is made to obtain information from the subject. This would afford the individual the opportunity to conceal any criminal activities to avoid apprehension.\n\n(vi) The reasons for exempting these records in the Police and Security Records\u2014VA (103VA07B) from Privacy Act subsection (e)(3) are as follows:\n\n(A) The disclosure to the subject of the purposes of the investigation would provide the subject with substantial information relating to the nature of the investigation and could impede or compromise the investigation.\n\n(B) Informing the complainant or the subject of the information required by this provision could seriously interfere with undercover activities, jeopardize the identities of undercover agents and impair their safety, and impair the successful conclusion of the investigation.\n\n(C) Individuals may be contacted during preliminary information gathering in investigations before any individual is identified as the subject of an investigation. Informing the individual of the matters required by this provision would hinder or adversely affect any present or subsequent investigations.\n\n(vii) Since the Privacy Act defines \u201cmaintain\u201d to include the collection of information, complying with subsection (e)(5) would prevent the collection of any data not shown to be accurate, relevant, timely, and complete at the moment of its collection. In gathering information during the course of an investigation, it is not always possible to make this determination prior to collecting the information. Facts are first gathered and then placed into a logical order which objectively proves or disproves criminal behavior on the part of the suspect. Material that may seem unrelated, irrelevant, incomplete, untimely, etc., may take on added meaning as an investigation progresses. The restrictions in this provision could interfere with the preparation of a complete investigative report.\n\n(viii) The notice requirement of Privacy Act subsection (e)(8) could prematurely reveal an ongoing criminal investigation to the subject of the investigation.\n\n(e)  Exemption of Harassment Prevention Program Records.  The Department of Veterans Affairs provides limited access to Harassment Prevention Program (HPP) records as indicated.\n\n(1) The system of records is exempted pursuant to the provisions of 5 U.S.C. 552a(k)(2) from subsections (c)(3), (d), (e)(1), (e)(4), (G), (H), (I), and (f): Diversity and Equal Employment Opportunity (EEO) Program Records (203VA08).\n\n(2) This exemption applies to the extent that information in these systems is subject to exemption pursuant to 5 U.S.C. 552a(k)(2).\n\n(3) For the reasons set forth, the system of records listed above is exempted under 5 U.S.C. 552a(k)(2) from the following provisions of 5 U.S.C. 552a:\n\n(i) 5 U.S.C. 552a(c)(3) requires that an agency make available to the individual to whom the records pertain upon request an accounting of disclosures of records that includes the date, nature and purpose of each disclosure of the record and the name and address of the recipient. Providing an individual with an accounting of disclosures of HPP records could reveal the existence of an investigation of alleged harassment and the allegations being investigated and therefore result in the alternation or destruction of evidence, improper influencing of witnesses, and other activities that could impede or compromise the investigation.\n\n(ii) 5 U.S.C. 552a(d), (e)(4), (G), (H), and (f) relate to an individual's right to be notified of the existence of records pertaining to such individual; requirements for identifying an individual who requests access to records; and the agency procedures relating to access to records and the contest of information contained in such records. Providing an individual with notification of, access to, or the right to seek amendment of HPP records could disclose the identity of confidential sources, reveal investigative techniques, and interfere with enforcement proceedings.\n\n(iii) 5 U.S.C. 552a(e)(4)(I) requires the publication of the categories of sources of records in each system of records. Revealing the sources of information in HPP records could discourage such sources from cooperating with investigations of alleged harassment for fear of reprisal. In addition, the disclosure of VA's investigative techniques and procedures and compromise the ability to conduct impartial investigations into workplace and sexual harassment allegations.\n\n(iv) 5 U.S.C. 552a(e)(1) requires each agency to maintain in its records only such information about an individual that is relevant and necessary to accomplish a purpose of the agency required by statute or Executive Order. The relevance or necessity of specific information in HPP records often cannot be detected in the early stages of an investigation and can only be established after the information is evaluated. Further, a thorough and complete investigation could involve information that at first appears incidental but ultimately becomes critical to the investigation.\n\n(f)  Exemption of Law Enforcement Officer Evaluation Records.  VA provides limited access to Law Enforcement Officer Evaluations (LEO Evals)\u2014VA (216VA10).\n\n(1) Records contained in this system of records are exempted pursuant to the provisions of 5 U.S.C. 552a(k)(6) from 5 U.S.C. 552a(c)(3), (d)(1) through (4), (e)(1), (e)(4)(G) through (I), and (f).\n\n(2) These exemptions apply to the extent that information in this system of records is subject to exemption pursuant to 5 U.S.C. 552a(k)(6) because they relate to testing or examination material used solely to determine individual qualifications for appointment or promotion in the Federal service, the disclosure of which could compromise the objectivity or fairness of the testing or examination process."], ["38:38:1.0.1.1.2.0.15.104", 38, "Pensions, Bonuses, and Veterans' Relief", "I", "", "1", "PART 1\u2014GENERAL PROVISIONS", "", "", "", "\u00a7\u00a7 1.583-1.584 [Reserved]", "VA", "", "", "", ""], ["38:38:1.0.1.1.2.0.15.96", 38, "Pensions, Bonuses, and Veterans' Relief", "I", "", "1", "PART 1\u2014GENERAL PROVISIONS", "", "", "", "\u00a7 1.575 Social security numbers in veterans' benefits matters.", "VA", "", "", "[44 FR 22068, Apr. 13, 1979, as amended at 51 FR 21750, June 16, 1986; 56 FR 25044, June 3, 1991; 87 FR 53381, Aug. 31, 2022]", "(a) Except as provided in paragraph (b) of this section, no one will be denied any right, benefit, or privilege provided by law because of refusal to disclose to the Department of Veterans Affairs a social security number.\n\n(b) VA shall require mandatory disclosure of a claimant's or beneficiary's social security number (including the social security number of a dependent of a claimant or beneficiary) on necessary forms as prescribed by the Secretary as a condition precedent to receipt or continuation of receipt of compensation or pension payable under the provisions of chapters 11, 13 and 15 of title 38, United States Code, provided, however, that a claimant shall not be required to furnish VA with a social security number for any person to whom a social security number has not been assigned. VA may also require mandatory disclosure of an applicant's social security number as a condition for receiving loan guaranty benefits and a social security number or other taxpayer identification number from existing direct and vendee loan borrowers and as a condition precedent to receipt of a VA-guaranteed loan, direct loan or vendee loan, under chapter 37 of title 38, United States Code. (Pub. L. 97-365, sec. 4)\n\n(c) A person requested by VA to disclose a social security number shall be told, as prescribed by \u00a7 1.578(c), whether disclosure is voluntary or mandatory. The person shall also be told that VA is requesting the social security number under the authority of title 38 U.S.C., or in the case of existing direct or vendee loan borrowers, under the authority of 26 U.S.C. 6109(a) in conjunction with sections 145 and 148 of Pub. L. 98-369, or in the case of loan applicants, under the authority of section 4 of Pub. L. 97-365. The person shall also be told that it will be used in the administration of veterans' benefits in the identification of veterans or persons claiming or receiving VA benefits and their records, that it may be used in making reports to the Internal Revenue Service where required by law, and to determine whether a loan guaranty applicant has been identified as a delinquent taxpayer by the Internal Revenue Service, and that such taxpayers may have their loan applications rejected, and that it may be used to verify social security benefit entitlement (including amounts payable) with the Social Security Administration and, for other purposes where authorized by both title 38 U.S.C., and the Privacy Act of 1974, (Pub. L. 93-579), or, where required by another statute. (Pub. L. 97-365, sec. 4)\n\n(d) A document the Department sends by mail may not include the social security number of an individual except as provided below:\n\n(1) The social security number must be truncated to no more than the last four digits; or\n\n(2) If truncation of the social security number is not feasible:\n\n(i) The Senior Agency Official for Privacy, the Chief Privacy Officer, and the Social Security Number Advisory Board (SSNAB) must jointly determine that inclusion of the social security number on the document is necessary as required by law; to comply with another legal mandate; to identify a specific individual where no adequate substitute is available; or to fulfill a compelling Department business need;\n\n(ii) The document that includes the complete social security number of an individual must be listed on the Complete Social Security Number Mailed Documents Listing on a publicly available website; and\n\n(iii) No portion of the social security number may be visible on the outside of any mailing."], ["38:38:1.0.1.1.2.0.15.97", 38, "Pensions, Bonuses, and Veterans' Relief", "I", "", "1", "PART 1\u2014GENERAL PROVISIONS", "", "", "", "\u00a7 1.576 General policies, conditions of disclosure, accounting of certain disclosures, and definitions.", "VA", "", "", "[40 FR 33944, Aug. 12, 1975, as amended at 40 FR 58644, Dec. 18, 1975; 47 FR 16323, Apr. 16, 1982]", "(a) The Department of Veterans Affairs will safeguard an individual against an invasion of personal privacy. Except as otherwise provided by law or regulation its officials and employees will:\n\n(1) Permit an individual to determine what records pertaining to him or her will be collected, maintained, used, or disseminated by the Department of Veterans Affairs.\n\n(2) Permit an individual to prevent records pertaining to him or her, obtained by the Department of Veterans Affairs for a particular purpose, from being used or made available for another purpose without his or her consent.\n\n(3) Permit an individual to gain access to information pertaining to him or her in Department of Veterans Affairs records, to have a copy made of all or any portion thereof, and to correct or amend such records.\n\n(4) Collect, maintain, use, or disseminate any record of identifiable personal information in a manner that assures that such action is for a necessary and lawful purpose, that the information is correct and accurate for its intended use, and that adequate safeguards are provided to prevent misuse of such information.\n\n(5) Permit exemptions from records requirements provided in 5 U.S.C. 552a only where an important public policy need for such exemption has been determined pursuant to specific statutory authority.\n\n(b) The Department of Veterans Affairs will not disclose any record contained in a system of records by any means of communication to any person or any other agency except by written request of or prior written consent of the individual to whom the record pertains unless such disclosure is:\n\n(1) To those officers and employees of the agency which maintains the record and who have a need for the record in the performance of their duties;\n\n(2) Required under 5 U.S.C. 552;\n\n(3) For a routine use of the record compatible with the purpose for which it was collected;\n\n(4) To the Bureau of the Census for purposes of planning or carrying out a census or survey or related activity pursuant to title 13 U.S.C.;\n\n(5) To a recipient who has provided the Department of Veterans Affairs with advance adequate written assurance that the record will be used solely as a statistical research or reporting record, and the record is to be transferred in a form that is not individually identifiable;\n\n(6) To the National Archives of the United States as a record which has sufficient historical or other value to warrant its continued preservation by the U.S. Government, or for evaluation by the Administrator of General Services or designee to determine whether the record has such value;\n\n(7) To another agency or to an instrumentality of any governmental jurisdiction within or under the control of the United States for a civil or criminal law enforcement activity if the activity is authorized by law, and if the head of the agency or instrumentality has made a written request to the Department of Veterans Affairs specifying the particular portion desired and the law enforcement activity for which the record is sought;\n\n(8) To a person pursuant to a showing of compelling circumstances affecting the health or safety of an individual if upon such disclosure notification is transmitted to the last known address of such individual;\n\n(9) To either House of Congress, or, to the extent of matter within its jurisdiction, any committee or subcommittee thereof, any joint committee of Congress or subcommittee of any such joint committee;\n\n(10) To the Comptroller General, or any authorized representatives, in the course of the performance of the duties of the General Accounting Office; or\n\n(11) Pursuant to the order of a court of competent jurisdiction.\n\n(c) With respect to each system of records ( i.e. , a group of records from which information is retrieved by the name of the individual or by some identifying number, symbol, or other identifying particular assigned to the individual) under Department of Veterans Affairs control, the Department of Veterans Affairs will (except for disclosures made under paragraph (b)(1) or (2) of this section) keep an accurate accounting as follows:\n\n(1) For each disclosure of a record to any person or to another agency made under paragraph (b) of this section, maintain information consisting of the date, nature, and purpose of each disclosure, and the name and address of the person or agency to whom the disclosure is made;\n\n(2) Retain the accounting made under paragraph (c)(1) of this section for at least 5 years or the life of the record, whichever is longer, after the disclosure for which the accounting is made;\n\n(3) Except for disclosures made under paragraph (b)(7) of this section, make the accounting under paragraph (c)(1) of this section available to the individual named in the record at his or her request; and\n\n(4) Inform any person or other agency about any correction or notation of dispute made by the agency in accordance with \u00a7 1.579 of any record that has been disclosed to the person or agency if an accounting of the disclosure was made.\n\n(d) For the purposes of \u00a7\u00a7 1.575 through 1.584, the parent of any minor, or the legal guardian of any individual who has been declared incompetent due to physical or mental incapacity or age by a court of competent jurisdiction, may act on behalf of the individual.\n\n(e) Section 552a(i), title 5 U.S.C., provides that:\n\n(1) Any officer or employee of the Department of Veterans Affairs, who by virtue of his or her employment or official position, has possession of, or access to, Department of Veterans Affairs records which contain individually identifiable information the disclosure of which is prohibited by 5 U.S.C. 552a or by \u00a7 1.575 series established thereunder, and who knowing that disclosure of the specific material is so prohibited, willfully discloses the material in any manner to any person or agency not entitled to receive it, shall be guilty of a misdemeanor and fined not more than $5,000.\n\n(2) Any officer or employee of the Department of Veterans Affairs who willfully maintains a system of records without meeting the notice requirements of 5 U.S.C. 552a(e)(4) (see \u00a7 1.578(d)) shall be guilty of a misdemeanor and fined not more than $5,000.\n\n(3) Any person who knowingly and willfully requests or obtains any record concerning an individual from the Department of Veterans Affairs under false pretenses shall be guilty of a misdemeanor and fined not more than $5,000.\n\n(f) For purposes of \u00a7 1.575 series the following definitions apply:\n\n(1) The term  agency  includes any executive department, military department, Government corporation, Government controlled corporation, or other establishment in the executive branch of the government (including the Executive Office of the President), or any independent regulatory agency.\n\n(2) The term  individual  means a citizen of the United States or an alien lawfully admitted for permanent residence.\n\n(3) The term  maintain  includes maintain, collect, use, or disseminate.\n\n(4) The term  record  means any item, collection, or grouping of information about an individual that is maintained by an agency, including, but not limited to, his or her education, financial transactions, medical history, and criminal or employment history and that contains his or her name, or the identifying number, symbol, or other identifying particular assigned to the individual, such as a finger or voice print or a photograph.\n\n(5) The term  system of records  means a group of any records under the control of any agency from which information is retrieved by the name of the individual or by some identifying number, symbol, or other identifying particular assigned to the individual.\n\n(6) The term  statistical record  means a record in a system of records maintained for statistical research or reporting purposes only and not used in whole or in part in making any determination about an identifiable individual except as provided by section 8 of title 13 U.S.C.\n\n(7) The term  routine use  means, with respect to the disclosure of a record, the use of such record for a purpose which is compatible with the purpose for which it was collected.\n\n(g) When the Department of Veterans Affairs provides by a contract for the operation by or on behalf of the Department of Veterans Affairs of a system of records to accomplish a Department of Veterans Affairs function, the Department of Veterans Affairs will, consistent with its authority, cause the requirements of 5 U.S.C. 552a (as required by subsection (m)) and those of the \u00a7 1.575 series to be applied to such system. For the purposes of 5 U.S.C. 552a(i) and \u00a7 1.576(e) any such contractor and any employee of such contractor, if such contract is agreed to on or after September 27, 1975, will be considered to be an employee of the Department of Veterans Affairs.\n\n(h) The Department of Veterans Affairs will, for the purposes of 5 U.S.C. 552a, consider that it maintains any agency record which it deposits with the Administrator of General Services for storage, processing, and servicing in accordance with section 3103 of title 44 U.S.C. Any such record will be considered subject to the provisions of \u00a7 1.575 series implementing 5 U.S.C. 552a and any other applicable Department of Veterans Affairs regulations. The Administrator of General Services is not authorized to disclose such a record except to the Department of Veterans Affairs, or under regulations established by the Department of Veterans Affairs which are not inconsistent with 5 U.S.C. 552a.\n\n(i) The Department of Veterans Affairs will, for the purposes of 5 U.S.C. 552a, consider that a record is maintained by the National Archives of the United States if it pertains to an identifiable individual and was transferred to the National Archives prior to September 27, 1975, as a record which has sufficient historical or other value to warrant its continued preservation by the United States Government. Such records are not subject to the provisions of 5 U.S.C. 552a except that a statement generally describing such records (modeled after the requirements relating to records subject to subsections (e)(4)(A) through (G) of 5 U.S.C. 552a) will be published in the  Federal Register.\n\n(j) The Department of Veterans Affairs will also, for the purposes of 5 U.S.C. 552a, consider that a record is maintained by the National Archives of the United States if it pertains to an identifiable individual and is transferred to the National Archives on or after September 27, 1975, as a record which has sufficient historical or other value to warrant its continued preservation by the United States Government. Such records are exempt from the requirements of 5 U.S.C. 552a except subsections (e)(4) (A) through (G) and (e)(9) thereof."], ["38:38:1.0.1.1.2.0.15.98", 38, "Pensions, Bonuses, and Veterans' Relief", "I", "", "1", "PART 1\u2014GENERAL PROVISIONS", "", "", "", "\u00a7 1.577 Access to records.", "VA", "", "", "[40 FR 33944, Aug. 12, 1975, as amended at 47 FR 16323, Apr. 16, 1982; 53 FR 10380, Mar. 31, 1988; 55 FR 21546, May 25, 1990; 78 FR 45457, July 29, 2013; 84 FR 12130, Apr. 1, 2019]", "(a) Except as otherwise provided by law or regulation any individual upon request may gain access to his or her record or to any information pertaining to him or her which is contained in any system of records maintained by the Department of Veterans Affairs. The individual will be permitted, and upon his or her request, a person of his or her own choosing permitted to accompany him or her, to review the record and have a copy made of all or any portion thereof in a form comprehensible to him or her. The Department of Veterans Affairs will require, however, a written statement from the individual authorizing discussion of that individual's record in the accompanying person's presence.\n\n(b) Any individual will be notified, upon request, if any Department of Veterans Affairs system of records named contains a record pertaining to him or her. Such request must be in writing, over the signature of the requester. The request must contain a reasonable description of the Department of Veterans Affairs system or systems of records involved, as described at least annually by notice published in the  Federal Register  describing the existence and character of the Department of Veterans Affairs system or systems of records pursuant to \u00a7 1.578(d). The request should be made to the office concerned (having jurisdiction over the system or systems of records involved) or, if not known, to the Director or Department of Veterans Affairs Officer in the nearest Department of Veterans Affairs regional office, or to the Department of Veterans Affairs Central Office, 810 Vermont Avenue, NW., Washington, DC 20420. Personal contact should normally be made during the regular duty hours of the office concerned, which are 8:00 a.m. to 4:30 p.m., Monday through Friday for Department of Veterans Affairs Central Office and most field facilities. Identification of the individual requesting the information will be required and will consist of the requester's name, signature, address, and claim, insurance or other identifying file number, if any, as a minimum. Additional identifying data or documents may be required in specified categories as determined by operating requirements and established and publicized by the promulgation of Department of Veterans Affairs regulations. (5 U.S.C. 552a(f)(1))\n\n(c) The VA component or staff office having jurisdiction over the records subject to the Privacy Act request will establish appropriate disclosure procedures, including notifying the individual who filed the Privacy Act request of the time, place, and conditions under which the VA will comply with the request, in accordance with applicable laws and regulations. Access requests for Privacy Act records or information must be sent to the staff office that maintains the records; the individual seeking access may consult the system of record notice ( https://www.oprm.va.gov/privacy/systems_of_records.aspx ) in order to identify the office to which the request should be sent. Each component has discretion to require that a requester supply additional information to verify his or her identity. If the Privacy Officer determines that the request does not reasonably describe the records being sought, the Privacy Officer will advise the requester how the request is insufficient; the Privacy Officer will provide an opportunity to discuss the request by documented telephonic communication or written correspondence in order to modify it to clearly identify the records being sought.\n\n(d) Nothing in 5 U.S.C. 552a, however, allows an individual access to any information compiled in reasonable anticipation of civil action or proceeding. (5 U.S.C. 552a(d)(5))\n\n(e) Fees to be charged, if any, to any individual for making copies of his or her record shall not include the cost of and search for and review of the record. Fees under $25.00 shall be waived. Fees to be charged are as follows:\n\n(f) When VA benefit records, which are retrievable by name or individual identifier of a VA beneficiary or applicant for VA benefits, are requested by the individual to whom the record pertains, the duplication fee for one complete set of such records will be waived."], ["38:38:1.0.1.1.2.0.15.99", 38, "Pensions, Bonuses, and Veterans' Relief", "I", "", "1", "PART 1\u2014GENERAL PROVISIONS", "", "", "", "\u00a7 1.578 [Reserved]", "VA", "", "", "", ""], ["38:38:1.0.1.1.2.0.16.105", 38, "Pensions, Bonuses, and Veterans' Relief", "I", "", "1", "PART 1\u2014GENERAL PROVISIONS", "", "", "", "\u00a7 1.600 Purpose.", "VA", "", "", "[59 FR 47084, Sept. 14, 1994. Redesignated and amended at 73 FR 29870, 29879, May 22, 2008; 87 FR 37749, June 24, 2022]", "(a) Sections 1.600 through 1.603 establish policy, assign responsibilities and prescribe procedures with respect to:\n\n(1) When, and under what circumstances, VA will grant attorneys, agents, representatives of a VA-recognized service organization, affiliated support-staff personnel, and individuals authorized by the General Counsel under \u00a7 14.630 of this chapter the ability to access records and basic claims status information through specific VA electronic information technology (IT) systems that contain information regarding the claimants whom they represent or assist in representing before VA;\n\n(2) The exercise of authorized access by attorneys, agents, representatives of a VA-recognized service organization, affiliated support-staff personnel, and individuals authorized by the General Counsel under \u00a7 14.630 of this chapter; and\n\n(3) The bases and procedures for denial or revocation of access privileges to VA IT systems of an attorney, agent, representative of a VA-recognized service organization, affiliated support-staff person, or individual authorized by the General Counsel under \u00a7 14.630 of this chapter for violating any of the requirements for access.\n\n(b) VA will provide access to specific VA IT systems, the Veterans Benefit Management System (VBMS) and the Caseflow products Queue and eFolder Express, under the following conditions:\n\n(1) Only to an attorney, agent, representative of a VA-recognized service organization, affiliated support-staff person, or individual authorized by the General Counsel under \u00a7 14.630 of this chapter who is approved to access VA IT systems under \u00a7\u00a7 1.600 through 1.603;\n\n(2)(i) For a representative or affiliated support-staff person of a VA-recognized service organization, only to the records of VA claimants who appointed the service organization as the organization of record to provide representation on their claims,\n\n(ii) For an attorney or agent, only to the records of VA claimants who either appointed the attorney or agent as the attorney or agent of record on their claims or appointed an attorney or agent employed by the same legal services office as the attorney or agent of record and consented to affiliated access on VA Form 21-22a, \u201cAppointment of Individual as Claimant's Representative,\u201d\n\n(iii) For an individual authorized by the General Counsel under \u00a7 14.630 of this chapter, only to the records of VA claimants who appointed the individual to provide representation on their claims, or\n\n(iv) For a support-staff person working under the direct supervision of an accredited attorney or agent only to the records of VA claimants who appointed the attorney or agent as the attorney or agent of record on their claims and consented to affiliated access on VA Form 21-22a, \u201cAppointment of Individual as Claimant's Representative\u201d;\n\n(3) Solely for the purpose of representing or assisting in the representation of the individual claimant whose records are accessed in a claim for benefits administered by VA; and\n\n(4) On a read-only basis, an attorney, agent, representative of a VA-recognized service organization, affiliated support-staff person, or individual authorized by the General Counsel under \u00a7 14.630 of this chapter authorized to access VA IT systems under \u00a7\u00a7 1.600 through 1.603 will not be permitted to modify the data, to include modifying any existing records. However, such an attorney, agent, representative of a VA-recognized service organization, or individual authorized by the General Counsel under \u00a7 14.630 of this chapter may upload documents as permitted by VA IT policy regarding submittal of new documents.\n\n(c) Privileges to access VA IT systems may be granted by VA only for the purpose of accessing a represented claimant's electronically stored records pursuant to applicable privacy laws and regulations, and as authorized by a claimant's power of attorney under \u00a7 14.631 of this chapter.\n\n(d) Sections 1.600 through 1.603 are not intended to, and do not:\n\n(1) Waive the sovereign immunity of the United States;\n\n(2) Create, and may not be relied upon to create, any right or benefit, substantive or procedural, enforceable at law against the United States or VA; or\n\n(3) Create or establish a right to electronic access."], ["38:38:1.0.1.1.2.0.16.106", 38, "Pensions, Bonuses, and Veterans' Relief", "I", "", "1", "PART 1\u2014GENERAL PROVISIONS", "", "", "", "\u00a7 1.601 Qualifications for access.", "VA", "", "", "[87 FR 37749, June 24, 2022]", "(a)(1) An applicant for access to VA IT systems for the purpose of providing representation or assisting in representation must be:\n\n(i) A representative of a VA-recognized service organization who is accredited by VA under \u00a7 14.629(a) of this chapter through a service organization and whose service organization holds power of attorney for one or more claimants under \u00a7 14.631 of this chapter;\n\n(ii) An attorney or agent who is accredited by VA under \u00a7 14.629(b) of this chapter and who:\n\n(A) holds power of attorney for one or more claimants under \u00a7 14.631 of this chapter or\n\n(B) is authorized to assist in the representation of one or more claimants as an associate attorney or agent employed by the same legal services office as the attorney or agent of record;\n\n(iii) An unaccredited support-staff person, including a legal intern, law student, or paralegal, working under the direct supervision of an accredited attorney or agent who has been designated to provide representation to one or more claimants under \u00a7 14.631(a) of this chapter or an accredited representative of a VA-recognized service organization designated to provide representation to one or more claimants under \u00a7 14.631(a); or\n\n(iv) An individual authorized by the General Counsel under \u00a7 14.630 of this chapter to represent, without VA accreditation, more than one claimant and holding power of attorney for one or more claimants under \u00a7 14.631 of this chapter.\n\n(2) To qualify for access to VA IT systems, the applicant must comply with all security requirements deemed necessary by VA to ensure the integrity and confidentiality of the data and VA IT systems, which may include passing a background suitability investigation for issuance of a personal identity verification badge.\n\n(3) VA may deny access to VA IT systems if the requirements of paragraphs (a)(1) or (2) of this section are not met.\n\n(b) The method of access, including security software and work-site location of the attorney, agent, representative of a VA-recognized service organization, affiliated support-staff person, or individual authorized by the General Counsel under \u00a7 14.630 of this chapter, must be approved in advance by VA.\n\n(c) Each attorney, agent, representative of a VA-recognized service organization, affiliated support-staff person, or individual authorized by the General Counsel under \u00a7 14.630 of this chapter approved for access must complete, sign, and return a notice provided by VA. The notice will specify any applicable operational and security requirements for access, in addition to the applicable VA Rules of Behavior, and an acknowledgment that the breach of any of these requirements is grounds for revocation of access."], ["38:38:1.0.1.1.2.0.16.107", 38, "Pensions, Bonuses, and Veterans' Relief", "I", "", "1", "PART 1\u2014GENERAL PROVISIONS", "", "", "", "\u00a7 1.602 Utilization of access.", "VA", "", "", "[87 FR 37750, June 24, 2022]", "(a) Once VA issues to an attorney, agent, representative of a VA-recognized service organization, affiliated support-staff person, or individual authorized by the General Counsel under \u00a7 14.630 of this chapter the necessary logon credentials to obtain basic claims status information and read-only access to the VA records regarding the claimants represented, access will be exercised in accordance with the following requirements. The attorney, agent, representative of a VA-recognized service organization, support-staff person, or individual authorized by the General Counsel under \u00a7 14.630 of this chapter:\n\n(1) Will electronically access VA records through VA IT systems only by the method of access approved in advance by VA;\n\n(2) Will use only his or her assigned logon credentials to obtain access;\n\n(3) Will not reveal his or her logon credentials to anyone else, or allow anyone else to use his or her logon credentials;\n\n(4) Will access via VA IT systems only the records of claimants whom he or she represents or is authorized to assist in representing;\n\n(5) Will access via VA IT systems a claimant's records solely for the purpose of representing or assisting in the representation of that claimant in a claim for benefits administered by VA;\n\n(6) Is responsible for the security of the logon credentials and, upon receipt of the logon credentials, will destroy the hard copy so that no written or printed record is retained;\n\n(7) Will comply with all security requirements VA deems necessary to ensure the integrity and confidentiality of the data and VA IT systems; and\n\n(8) Will, if accredited or authorized by the General Counsel under \u00a7 14.630 of this chapter, comply with each of the standards of conduct for accredited individuals prescribed in \u00a7 14.632 of this chapter.\n\n(b)(1) A VA-recognized service organization shall ensure that all its representatives and support-staff personnel provided access in accordance with these regulations receive annual training approved by VA on proper security or annually complete VA's Privacy and Security Training.\n\n(2) An attorney, agent, affiliated support-staff person of an attorney or agent, or individual authorized by the General Counsel under \u00a7 14.630 of this chapter who is provided access in accordance with these regulations will annually acknowledge review of the security requirements for the system as set forth in these regulations, VA's Rules of Behavior, and any additional materials provided by VA.\n\n(c) VA may, at any time without notice:\n\n(1) Inspect the computer hardware and software utilized to obtain access and their location;\n\n(2) Review the security practices and training of any attorney, agent, representative of a VA-recognized service organization, support-staff person, or individual authorized by the General Counsel under \u00a7 14.630 of this chapter provided access in accordance with these regulations; and\n\n(3) Monitor the access activities of an attorney, agent, representative of a VA-recognized service organization, support-staff person, or individual authorized by the General Counsel under \u00a7 14.630 of this chapter. By applying for and exercising the access privileges under \u00a7\u00a7 1.600 through 1.603, the individual expressly consents to VA monitoring access activities at any time for the purpose of auditing system security."], ["38:38:1.0.1.1.2.0.16.108", 38, "Pensions, Bonuses, and Veterans' Relief", "I", "", "1", "PART 1\u2014GENERAL PROVISIONS", "", "", "", "\u00a7 1.603 Revocation and reconsideration.", "VA", "", "", "[59 FR 47084, Sept. 14, 1994. Redesignated and amended at 73 FR 29870, 29879, May 22, 2008; 87 FR 37750, June 24, 2022]", "(a)(1) VA may revoke access of an attorney, agent, representative of a VA-recognized service organization, affiliated support-staff person, or individual authorized by the General Counsel under \u00a7 14.630 of this chapter to a particular claimant's records because the principal individual or organization no longer represents the claimant, and, therefore, the claimant's consent is no longer in effect.\n\n(2) VA may revoke access of a previously affiliated attorney or agent to a particular claimant's records because the attorney or agent is no longer affiliated with the principal individual, and, therefore, the claimant's consent is no longer in effect.\n\n(3) VA may revoke access privileges of a previously affiliated support-staff person to all claimants' records because the support-staff person is no longer affiliated with the principal individual or VA-recognized service organization, and, therefore, the claimants' consent is no longer in effect.\n\n(b) VA may revoke the access privileges of an attorney, agent, representative of a VA-recognized service organization, affiliated support-staff person, or individual authorized by the General Counsel under \u00a7 14.630 of this chapter, either to an individual claimant's records or to all claimants' records via the VA IT systems, if the individual, or, additionally in the case of the affiliated support-staff personnel of an attorney or agent, the principal individual:\n\n(1) Violates any of the provisions of \u00a7\u00a7 1.600 through 1.603;\n\n(2) Accesses or attempts to access data for a purpose other than representation or assistance in the representation of an individual claimant;\n\n(3) Accesses or attempts to access data of a claimant whom he, she, or the VA-recognized service organization neither represents nor is authorized to assist in representing;\n\n(4) Accesses or attempts to access a VA IT system by a method that has not been approved by VA; or\n\n(5) Modifies or attempts to modify data in a VA IT system without authorization.\n\n(c)(1) To initiate the process for denial of access under \u00a7 1.601(a)(3) or revocation of access under paragraph (b) of this section, VA will notify the attorney, agent, representative of a VA-recognized service organization, support-staff person, or individual authorized by the General Counsel under \u00a7 14.630 of this chapter of the proposed denial or revocation. If VA is initiating the process to deny or revoke access privileges for a representative of a VA-recognized service organization or any support-staff person, VA will notify the service organization(s) through which the representative is accredited, or the employer of the support-staff person, of the proposal. If VA is initiating the process to revoke access privileges for an attorney or agent based on conduct related to the attorney's or agent's authorized assistance in the representation of one or more claimants, VA will notify the claimants' attorney or agent of record of the revocation proposal. VA's notice will include the procedures applicable to the proposed denial or revocation, including instructions for submitting an optional response and identification of the official making the final decision. VA will allow 30 days for an optional response to the proposal.\n\n(2) After considering any timely-received response, VA will issue a final decision based on a preponderance of the evidence. The decision will describe in detail the facts found and state the reasons for VA's final decision. If VA denies or revokes access privileges for a representative of a VA-recognized service organization or any support-staff person, VA will notify the service organization(s) through which the representative is accredited, or the employer of the support-staff person, of the denial or revocation of access. If VA revokes access privileges for an attorney or agent based on conduct related to the attorney's or agent's authorized assistance in the representation of one or more claimants, VA will notify the claimants' attorney or agent of record of the revocation of access.\n\n(3) The attorney, agent, representative of a VA-recognized service organization, support-staff person, or individual authorized by the General Counsel under \u00a7 14.630 of this chapter may request reconsideration of a denial or revocation of access by submitting a written request to VA. VA will consider the request if it is received by VA not later than 30 days after the date that VA notified the attorney, agent, representative of a VA-recognized service organization, support-staff person, or individual authorized by the General Counsel under \u00a7 14.630 of this chapter of its decision.\n\n(4) The attorney, agent, representative of a VA-recognized service organization, support-staff person, or individual authorized by the General Counsel under \u00a7 14.630 of this chapter may submit additional information not previously considered by VA, provided that the additional information is submitted with the written request and is pertinent to the prohibition of access.\n\n(5) VA will close the record regarding reconsideration at the end of the 30-day period described in paragraph (c)(3) of this section and furnish the request, including any new information submitted by the attorney, agent, representative of a VA-recognized service organization, support-staff person, or individual authorized by the General Counsel under \u00a7 14.630 of this chapter to the Director of the VA regional office or center with jurisdiction over the final decision.\n\n(6) VA will reconsider access based upon a review of the information of record as of the date of its prior denial or revocation, with any new information submitted with the request. The decision will:\n\n(i) Identify the attorney, agent, representative of a VA-recognized service organization, support-staff person, or individual authorized by the General Counsel under \u00a7 14.630 of this chapter,\n\n(ii) Identify the date of VA's prior decision,\n\n(iii) Describe in detail the facts found as a result of VA's review of its decision with any new information submitted with the reconsideration request, and\n\n(iv) State the reasons for VA's final decision, which may affirm, modify, or overturn its prior decision.\n\n(7) VA will provide notice of its final decision on access to:\n\n(i) The attorney, agent, representative of a VA-recognized service organization, support-staff person, or individual authorized by the General Counsel under \u00a7 14.630 of this chapter requesting reconsideration, and\n\n(ii) if the conduct that resulted in denial or revocation of the authority of an attorney, agent, representative of a VA-recognized service organization, support-staff person, or individual authorized by the General Counsel under \u00a7 14.630 of this chapter to access VA IT systems merits potential inquiry into the individual's conduct or competence, or in the case of an affiliated support-staff person of an attorney or agent, the principal individual's conduct or competence, pursuant to \u00a7 14.633 of this chapter, the VA regional office or center of jurisdiction will immediately inform VA's Office of General Counsel in writing of the fact that it has denied or revoked the individual's access privileges and provide the reasons why.\n\n(d) VA may immediately suspend access privileges prior to any determination on the merits of a proposed revocation where VA determines that such immediate suspension is necessary to protect, from a reasonably foreseeable compromise, the integrity of the system or confidentiality of the data in VA IT systems. However, in such case, VA shall offer the individual an opportunity to respond to the charges that led to the immediate suspension and the proposed revocation after the temporary suspension."], ["38:38:1.0.1.1.2.0.17.109", 38, "Pensions, Bonuses, and Veterans' Relief", "I", "", "1", "PART 1\u2014GENERAL PROVISIONS", "", "", "", "\u00a7 1.650 Purpose.", "VA", "", "", "[21 FR 10377, Dec. 28, 1956, as amended at 61 FR 29658, June 12, 1996]", "The purpose of these regulations is to prescribe the procedure to be followed in determining and protecting the respective rights of the United States Government and of Department of Veterans Affairs employees who make inventions."], ["38:38:1.0.1.1.2.0.17.110", 38, "Pensions, Bonuses, and Veterans' Relief", "I", "", "1", "PART 1\u2014GENERAL PROVISIONS", "", "", "", "\u00a7 1.651 Definitions.", "VA", "", "", "[21 FR 10377, Dec. 28, 1956, as amended at 31 FR 5291, Apr. 2, 1966; 61 FR 29658, June 12, 1996]", "The terms as used in the regulations concerning inventions by employees of the Department of Veterans Affairs are defined as follows:\n\n(a) The term  invention  includes any art, machine, manufacture, design, or composition of matter, or any new and useful improvement thereof, or any variety of plant, which is or may be patentable under the patent laws of the United States.\n\n(b) The term  employee  or  Government employee  means any officer or employee, civilian or military, of the Department of Veterans Affairs. Part-time, without compensation (WOC) employees and part-time consultants are included.\n\n(c) The term  Secretary of Commerce  means the Under Secretary of Commerce for Technology."], ["38:38:1.0.1.1.2.0.17.111", 38, "Pensions, Bonuses, and Veterans' Relief", "I", "", "1", "PART 1\u2014GENERAL PROVISIONS", "", "", "", "\u00a7 1.652 Criteria for determining rights to employee inventions.", "VA", "", "", "[61 FR 29658, June 12, 1996]", "(a) The criteria to be applied in determining the respective rights of the Government and of the employee-inventor in and to any invention subject to these provisions shall be in accordance with the Uniform Patent Policy regulations found at 37 CFR 501.6 and 501.7.\n\n(b) Ownership in and to inventions arising under Cooperative Research and Development Agreements (CRADAs) pursuant to 15 USC 3710a shall be governed by the provisions of the pertinent CRADA, as authorized by the Federal Technology Transfer Act."], ["38:38:1.0.1.1.2.0.17.112", 38, "Pensions, Bonuses, and Veterans' Relief", "I", "", "1", "PART 1\u2014GENERAL PROVISIONS", "", "", "", "\u00a7 1.653 Delegation of authority.", "VA", "", "", "[62 FR 14822, Mar. 28, 1997]", "The General Counsel, Deputy General Counsel or Assistant General Counsel for Professional Staff Group IV is authorized to act for the Secretary of Veterans Affairs in matters concerning patents and inventions, unless otherwise required by law. The determination of rights to an invention as between the Government and the employee where there is no cooperative research and development agreement shall be made by the General Counsel, Deputy General Counsel or the Assistant General Counsel for Professional Staff Group IV, in accordance with 37 CFR part 500."], ["38:38:1.0.1.1.2.0.17.113", 38, "Pensions, Bonuses, and Veterans' Relief", "I", "", "1", "PART 1\u2014GENERAL PROVISIONS", "", "", "", "\u00a7 1.654 Patenting of inventions.", "VA", "", "", "[31 FR 5291, Apr. 2, 1966, as amended at 54 FR 26027, June 21, 1989; 61 FR 29658, June 12, 1996; 62 FR 14822, Mar. 28, 1997]", "Any invention owned by the Government under the criteria as set forth in 37 CFR 501.6 should be protected by an application for a domestic patent and other necessary documents executed by the employee inventor prepared by or through the General Counsel, Deputy General Counsel or Assistant General Counsel for Professional Staff Group IV, unless some other agency has primary interest or it is decided to dedicate the invention to the public. Such dedication requires approval of the Secretary of Commerce. Applications on behalf of the Government for foreign patents may be made if determined to be in the public interest. The payment of necessary expenses in connection with any application filed or patent obtained under this section by the Department of Veterans Affairs is authorized."], ["38:38:1.0.1.1.2.0.17.114", 38, "Pensions, Bonuses, and Veterans' Relief", "I", "", "1", "PART 1\u2014GENERAL PROVISIONS", "", "", "", "\u00a7 1.655 Government license in invention of employee.", "VA", "", "", "[61 FR 29658, June 12, 1996]", "If an invention is made by an employee and it is determined that the employee inventor is entitled to full ownership under 37 CFR 501.6, subject to a nonexclusive, irrevocable, royalty-free license in the Government with power to grant sublicenses for all Governmental purposes, it shall be the duty of the employee inventor to notify the Office of General Counsel of the status of the patent application, including the patent application number, so that the Department may protect the interests reserved to the Government under 37 CFR 501.6."], ["38:38:1.0.1.1.2.0.17.115", 38, "Pensions, Bonuses, and Veterans' Relief", "I", "", "1", "PART 1\u2014GENERAL PROVISIONS", "", "", "", "\u00a7 1.656 Information to be submitted by inventor.", "VA", "", "", "[61 FR 29658, June 12, 1996]", "(a) In the case of an invention or believed invention, the inventor will prepare a statement for submission to his or her immediate superior. It will be submitted regardless of where the ownership is believed to exist. The statement will consist of two parts:\n\n(1) One part of the statement will be a disclosure of the invention sufficient to permit the preparation of a patent applicant. It shall consist of a description, including where applicable, of the parts or components of the invention as shown on the drawings or blueprints, accompanied further by a description of the construction and operation of the invention. Photographs of the invention may be included. The inventor should state pertinent prior art known to him or her, and set forth in detail as clearly as possible the respects which his or her invention differs.\n\n(2) The other part of the statement will set forth the circumstances attending the making of the invention. It will include the full name and address of the inventor; the grade and title of his or her position; whether full time or part time; his or her duties at the time the invention was made; the facts pertinent to a determination whether the invention bore a direct relation to or was made in consequence of such official duties; whether there was, and if so, the terms of any special agreement or understanding with respect to use or manufacture of his or her invention; date of the invention; when and where it was conceived, constructed and tested; whether it was made entirely during working hours; whether, and to what extent there was a contribution by the Government of any of the following: Facilities; equipment; materials or supplies; funds; information; time or services of other Government employees on duty. When the invention is disclosed through publication, or in consultation with a manufacturer or attorney, simultaneous notification of the publication shall be given to the Office of General Counsel. A copy of the article will accompany the notification.\n\n(b) The inventor's immediate superior shall promptly review the statement of the employee inventor for completeness and accuracy, and shall certify that the employee's statement of circumstances attending the invention is or is not correct, giving reasons if pertinent. The file should then be submitted through the facility head (or administration heads or top staff officials in the case of Central Office employees) to the General Counsel together with any comments or recommendations."], ["38:38:1.0.1.1.2.0.17.116", 38, "Pensions, Bonuses, and Veterans' Relief", "I", "", "1", "PART 1\u2014GENERAL PROVISIONS", "", "", "", "\u00a7 1.657 Determination of rights.", "VA", "", "", "[61 FR 29658, June 12, 1996, as amended at 62 FR 14822, Mar. 28, 1997]", "The General Counsel, Deputy General Counsel or Assistant General Counsel for Professional Staff Group IV will make a determination of rights subject to review where required by the Secretary of Commerce. The determination will be in accordance with 37 CFR 501.7."], ["38:38:1.0.1.1.2.0.17.117", 38, "Pensions, Bonuses, and Veterans' Relief", "I", "", "1", "PART 1\u2014GENERAL PROVISIONS", "", "", "", "\u00a7 1.658 Right of appeal.", "VA", "", "", "[61 FR 29658, June 12, 1996]", "In accordance with 37 CFR 501.8, the employee has a right of appeal to the Secretary of Commerce within 30 days of receipt of the Department's determination of ownership rights. The decision reached by the Secretary of Commerce will be communicated to the employee."], ["38:38:1.0.1.1.2.0.17.118", 38, "Pensions, Bonuses, and Veterans' Relief", "I", "", "1", "PART 1\u2014GENERAL PROVISIONS", "", "", "", "\u00a7 1.659 Relationship to incentive awards program.", "VA", "", "", "[31 FR 5291, Apr. 2, 1966, as amended at 61 FR 29659, June 12, 1996]", "Procedures set out in the regulations concerning inventions by employees of the Department of Veterans Affairs are not affected by the submission or proposed submission of an employee suggestion or idea on an item which may be patentable. Consideration of an item for a determination of ownership rights and also for an incentive award will proceed simultaneously, usually on separate correspondence. An employee suggestion or copies and extracts of the file may be forwarded to the General Counsel by the reviewing or awarding authority, or by the facility head, for an ownership determination where the employee idea or suggestion involves an invention. The employee shall be directed to submit a disclosure of invention in accordance with these regulations if such has not been previously submitted."], ["38:38:1.0.1.1.2.0.17.119", 38, "Pensions, Bonuses, and Veterans' Relief", "I", "", "1", "PART 1\u2014GENERAL PROVISIONS", "", "", "", "\u00a7 1.660 Expeditious handling.", "VA", "", "", "[61 FR 29659, June 12, 1996]", "No patent may be granted where the invention has been in public use or publicly disclosed for more than one year before filing of a patent application. Hence, submissions involving inventions should be made as promptly as possible in order to avoid delay which might jeopardize title to the invention or impair the rights of the inventor or the Government."], ["38:38:1.0.1.1.2.0.17.120", 38, "Pensions, Bonuses, and Veterans' Relief", "I", "", "1", "PART 1\u2014GENERAL PROVISIONS", "", "", "", "\u00a7 1.661 Information to be kept confidential.", "VA", "", "", "[21 FR 10378, Dec. 28, 1956. Redesignated at 61 FR 29659, June 12, 1996]", "All information pertaining to inventions and pending patent applications is confidential, and employees having access to such information are forbidden to disclose or reveal the same except as required in the performance of their official duties."], ["38:38:1.0.1.1.2.0.17.121", 38, "Pensions, Bonuses, and Veterans' Relief", "I", "", "1", "PART 1\u2014GENERAL PROVISIONS", "", "", "", "\u00a7 1.662 Provisions of regulations made a condition of employment.", "VA", "", "", "[21 FR 10378, Dec. 28, 1956. Redesignated at 61 FR 29659, June 12, 1996]", "The provisions of the regulations concerning inventions by employees of the Department of Veterans Affairs shall be a condition of employment of all employees."], ["38:38:1.0.1.1.2.0.17.122", 38, "Pensions, Bonuses, and Veterans' Relief", "I", "", "1", "PART 1\u2014GENERAL PROVISIONS", "", "", "", "\u00a7 1.663 Licensing of Government-owned inventions.", "VA", "", "", "[61 FR 29659, June 12, 1996]", "(a) The licensing of Government-owned inventions under VA control and custody will be conducted pursuant to the regulations on the licensing of Government-owned inventions contained in 37 CFR part 404, and 15 U.S.C. 3710a, as appropriate.\n\n(b) Any person whose application for a license in an invention under VA control and custody has been denied; whose license in such an invention has been modified or terminated, in whole or in part; or who timely filed a written objection in response to a proposal to grant an exclusive or partially exclusive license in an invention under VA control or custody, may, if damaged, appeal any decision or determination concerning the grant, denial, interpretation, modification, or termination of a license to the Secretary of Veterans Affairs. Such appeal shall be in writing; shall set forth with specificity the basis of the appeal; and shall be postmarked not later than 60 days after the action being appealed. Upon request of the appellant, such appeal may be considered by one to three persons appointed on a case-by-case basis by the Secretary of Veterans Affairs. Such a request will be granted only if it accompanies the written appeal. Appellant may appear and be represented by counsel before such a panel, which will sit in Washington, DC. If the appeal challenges a decision to grant an exclusive or partially exclusive license in an invention under VA control or custody, the licensee shall be furnished a copy of the appeal, shall be given the opportunity to respond in writing, may appear and be represented by counsel at any hearing requested by appellant, and may request a hearing if appellant has not, under the same terms and conditions, at which the appellant may also appear and be represented by counsel."], ["38:38:1.0.1.1.2.0.17.123", 38, "Pensions, Bonuses, and Veterans' Relief", "I", "", "1", "PART 1\u2014GENERAL PROVISIONS", "", "", "", "\u00a7\u00a7 1.664-1.666 [Reserved]", "VA", "", "", "", ""], ["38:38:1.0.1.1.2.0.18.124", 38, "Pensions, Bonuses, and Veterans' Relief", "I", "", "1", "PART 1\u2014GENERAL PROVISIONS", "", "", "", "\u00a7 1.670 Purpose.", "VA", "", "", "", "The following regulations establish a system of administrative controls for all appropriations and funds available to the Department of Veterans Affairs to accomplish the following purposes:\n\n(a) Establish an administrative subdivision of controls to restrict obligations and expenditures against each appropriation or fund to the amount of the apportionment or the reapportionment; and\n\n(b) Fix responsibility for the control of appropriations or funds to high level officials who bear the responsibility for apportionment or reapportionment control."], ["38:38:1.0.1.1.2.0.18.125", 38, "Pensions, Bonuses, and Veterans' Relief", "I", "", "1", "PART 1\u2014GENERAL PROVISIONS", "", "", "", "\u00a7 1.671 Definitions.", "VA", "", "", "", "For the purpose of \u00a7\u00a7 1.670 through 1.673, the following definitions apply:\n\n(a)  Administrative subdivision of funds.  An administrative subdivision of funds is any administrative subdivision of an appropriation or fund which makes funds available in a specified amount for the purpose of controlling apportionments or reapportionments.\n\n(b)  Allotment.  An allotment is an authorization by the Director, Office of Budget and Finance, to department and staff office heads (allottees) to incur obligations within specified amounts, during a specified period, pursuant to an Office of Management and Budget apportionment or reapportionment action. The creation of an obligation in excess of an allotment is a violation of the administrative subdivision of funds.\n\n(c)  Allowance.  An allowance is a subdivision below the allotment level, and is a guideline which may be issued by department or staff office heads (allottees) to facility directors and other officials, showing the expenditure pattern or operating budget they will be expected to follow in light of the program activities contemplated by the overall VA budget or plan of expenditure. The creation of an obligation in excess of an allowance is not a violation of the administrative subdivision of funds."], ["38:38:1.0.1.1.2.0.18.126", 38, "Pensions, Bonuses, and Veterans' Relief", "I", "", "1", "PART 1\u2014GENERAL PROVISIONS", "", "", "", "\u00a7 1.672 Responsibilities.", "VA", "", "", "", "(a) The issuance of an allotment to the administration and staff office heads (allottees) is required and is the responsibility of the Director, Office of Budget and Finance. The sum of such allotments shall not be in excess of the amount indicated in the apportionment or reapportionment document.\n\n(b) The issuance of an allowance is discretionary with department or staff office heads (allottees), as an allowance is merely a management device which allottees may utilize in carrying out their responsibilities. Allottees are responsible for keeping obligations within the amounts of their allotments, whether allowances are issued or not.\n\n(c) The Director, Office of Budget and Finance, is responsible for requesting apportionments and reapportionments from the Office of Management and Budget. Administration and staff heads shall promptly request that an appropriation or fund be reapportioned if feasible whenever it appears that obligations may exceed the level of the apportionment."], ["38:38:1.0.1.1.2.0.18.127", 38, "Pensions, Bonuses, and Veterans' Relief", "I", "", "1", "PART 1\u2014GENERAL PROVISIONS", "", "", "", "\u00a7 1.673 Responsibility for violations of the administrative subdivision of funds.", "VA", "", "", "", "(a) In the event an allotment or an apportionment is exceeded except in the circumstances described in paragraph (b) of this section, the following factors will be considered in determining which official, or officials, are responsible for the violation.\n\n(1) Knowledge of circumstances which could lead to an allotment or apportionment being exceeded;\n\n(2) Whether the official had received explicit instructions to continue or cease incurring obligations;\n\n(3) Whether any action was taken in contravention of or with disregard for, instructions to monitor obligations incurred;\n\n(4) Whether the official had the authority to curtail obligations by directing a change in the manner of operations of the department or staff office; or\n\n(5) Any other facts which tend to fix the responsibility for the obligations which resulted in the allotment or apportionment being exceeded.\n\n(b) In the event that the sum of the allotments made in a particular fiscal year exceeds the amount apportioned by the Office of Management and Budget, and the apportionment is subsequently exceeded because of this action, the official who made the excess allotments will be the official responsible for the violation."], ["38:38:1.0.1.1.2.0.19.128", 38, "Pensions, Bonuses, and Veterans' Relief", "I", "", "1", "PART 1\u2014GENERAL PROVISIONS", "", "", "", "\u00a7 1.700 Purpose.", "VA", "", "", "[60 FR 48387, Sept. 19, 1995]", "Sections 1.700 through 1.705 of this title provide a Missing Children Official Mail Program in the Department of Veterans Affairs."], ["38:38:1.0.1.1.2.0.19.129", 38, "Pensions, Bonuses, and Veterans' Relief", "I", "", "1", "PART 1\u2014GENERAL PROVISIONS", "", "", "", "\u00a7 1.701 Contact person for missing children official mail program.", "VA", "", "", "[60 FR 48388, Sept. 19, 1995]", "The Department of Veterans Affairs contact person for the Missing Children Official Mail Program is: Mrs. Roslynd R. Stewart, Information Management Service (045A4), Office of Policy and Program Assistance, Office of Information Resources Management, Office of Management, Department of Veterans Affairs, 810 Vermont Avenue, NW., Washington, DC 20420-0001. Telephone: (202) 565-8949."], ["38:38:1.0.1.1.2.0.19.130", 38, "Pensions, Bonuses, and Veterans' Relief", "I", "", "1", "PART 1\u2014GENERAL PROVISIONS", "", "", "", "\u00a7 1.702 Policy.", "VA", "", "", "[52 FR 10889, Apr. 6, 1987, as amended at 60 FR 48388, Sept. 19, 1995]", "(a) The Department of Veterans Affairs will supplement and expand the national effort to assist in the location and recovery of missing children by maximizing the economical use of missing children information in domestic official mail and publications directed to members of the public and Department of Veterans Affairs employees.\n\n(b) The Department of Veterans Affairs will insert pictures and biographical information related to missing children in a variety of official mail originating at the Department of Veterans Affairs automation centers. In addition, pictures and biographical information are printed in self-mailers and other Department of Veterans Affairs publications (newsletters, bulletins, etc.).\n\n(c) The National Center for Missing and Exploited Children (National Center) is the sole source from which the Department of Veterans Affairs will acquire the camera-ready and other photographic and biographical materials to be disseminated for use by Department of Veterans Affairs organizational units. The information is ordered and disseminated by Information Management Service.\n\n(d) The Department of Veterans Affairs will remove all printed inserts and other materials from circulation or other use within a three-month period from the date the National Center notifies the Department of Veterans Affairs that a child whose picture and biographical information have been made available to the Department of Veterans Affairs has been recovered or that permission of the parent(s) or guardian to use the child's photograph and biographical information has been withdrawn. The National Center is responsible for immediately notifying the Department of Veterans Affairs contact person, in writing, of the need to withdraw from circulation official mail and other materials related to a particular child. Photographs which were reasonably current as of the time of the child's disappearence shall be the only acceptable form of visual medium or pictorial likeness used in official mail.\n\n(e) The Department of Veterans Affairs will give priority to official mail that is addressed to:\n\n(1) Members of the public that will be received in the United States, its territories and possessions; and\n\n(2) Inter- and intra-agency publications and other media that will also be widely disseminated to Department of Veterans Affairs employees.\n\n(f) The Department of Veterans Affairs will avoid repetitive mailings of material to the same individuals.\n\n(g) All Department of Veterans Affairs employee suggestions and/or recommendations for additional cost-effective opportunities to use photographs and biographical data on missing children will be provided to the Department of Veterans Affairs contact person.\n\n(h) These shall be the sole regulations for the Department of Veterans Affairs and its component organizational units."], ["38:38:1.0.1.1.2.0.19.131", 38, "Pensions, Bonuses, and Veterans' Relief", "I", "", "1", "PART 1\u2014GENERAL PROVISIONS", "", "", "", "\u00a7 1.703 Percentage estimate.", "VA", "", "", "[60 FR 48388, Sept. 19, 1995]", "It is the Department of Veterans Affairs objective that 20 percent of its first class official mail addressed to the public contain missing children photographs and information."], ["38:38:1.0.1.1.2.0.19.132", 38, "Pensions, Bonuses, and Veterans' Relief", "I", "", "1", "PART 1\u2014GENERAL PROVISIONS", "", "", "", "\u00a7 1.704 [Reserved]", "VA", "", "", "", ""], ["38:38:1.0.1.1.2.0.19.133", 38, "Pensions, Bonuses, and Veterans' Relief", "I", "", "1", "PART 1\u2014GENERAL PROVISIONS", "", "", "", "\u00a7 1.705 Restrictions on use of missing children information.", "VA", "", "", "[52 FR 10889, Apr. 6, 1987, as amended at 60 FR 48388, Sept. 19, 1995]", "Missing children pictures and biographical data shall not be:\n\n(a) Printed on official envelopes and other materials ordered and stocked in quantities that represent more than a 90-day supply.\n\n(b) Printed on blank pages or covers of publications that may be included in the Superintendent of Documents Sales Program or be distributed to depository libraries.\n\n(c) Inserted in any envelope or publication the contents of which may be construed to be inappropriate for association with the missing children program.\n\n(d) Inserted in any envelope where the insertion would increase the postage cost for the item being mailed.\n\n(e) Placed on letter-size envelopes on the official indicia, the area designated for optical character readers (OCRs), bar code read area, and return address area in accordance with the Office of Juvenile Justice and Delinquency Prevention guidelines and U.S. Postal Service standards."]], "truncated": false, "filtered_table_rows_count": 218, "expanded_columns": [], "expandable_columns": [], "columns": ["section_id", "title_number", 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