cfr_sections
Data license: Public Domain (U.S. Government data) · Data source: Federal Register API & Regulations.gov API
218 rows where part_number = 1 and title_number = 38 sorted by section_id
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| section_id ▼ | title_number | title_name | chapter | subchapter | part_number | part_name | subpart | subpart_name | section_number | section_heading | agency | authority | source_citation | amendment_citations | full_text |
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| 38:38:1.0.1.1.2.0.1.1 | 38 | Pensions, Bonuses, and Veterans' Relief | I | 1 | PART 1—GENERAL PROVISIONS | § 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. (b) Definitions. (1) VA means all organizational units of the Department of Veterans Affairs. (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. (3) Official seal means the original(s) of the VA seal showing the exact form, content, and colors thereof. (4) Replica means a copy of the official seal displaying the identical form, content, and colors thereof. (5) Reproduction means a copy of the official seal displaying the identical form and content, reproduced in only one color. (6) Secretary means the Secretary of Veterans Affairs. (7) Deputy Secretary means the Deputy Secretary of Veterans Affairs. (c) Custody of official seal and distinguishing flags. The Secretary or designee shall: (1) Have custody of: (i) The official seal and prototypes thereof, and masters, molds, dies, and other means of producing replicas, reproductions, and embossing seals and (ii) Production, inventory, and loan records relating to items specified in paragraph (c)(1)(i) of this section, and (2) Have custody of distinguishing flags, and be responsible for production, inventory, and loan records thereof. (d) Official Seal —(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: (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. (ii) The eagle… | ||||||
| 38:38:1.0.1.1.2.0.10.35 | 38 | Pensions, Bonuses, and Veterans' Relief | I | 1 | PART 1—GENERAL PROVISIONS | § 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. (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—GENERAL PROVISIONS | § 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—GENERAL PROVISIONS | § 1.483 Disclosure of information to participate in state prescription drug monitoring programs. | VA | [78 FR 9592, Feb. 11, 2013] | Information covered by §§ 1.460 through 1.499 of this part may be disclosed to State Prescription Drug Monitoring Programs pursuant to the limitations set forth in § 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—GENERAL PROVISIONS | § 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: (a) The patient lacks decision-making capacity; and (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—GENERAL PROVISIONS | § 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 §§ 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. (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. (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: (1) The name and address of the medical personnel to whom disclosure was made and their affiliation with any health care facility; (2) The name of the individual making the disclosure; (3) The date and time of the disclosure; (4) The nature of the emergency (or error, if the report was to FDA); (5) The information disclosed; and (6) The authority for making the disclosure (§ 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—GENERAL PROVISIONS | § 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 §§ 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: (a) The individual is currently an inpatient in a VHA health care facility; (b) The individual is, in the clinical judgment of the individual's primary health care provider, near death or deceased; (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 (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—GENERAL PROVISIONS | § 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. (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—GENERAL PROVISIONS | § 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. (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. (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—GENERAL PROVISIONS | § 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 §§ 1.460 through 1.499 of this part may be disclosed for the purpose of conducting scientific research. (a) Information in individually identifiable form may be disclosed from records covered by §§ 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: (1) Is qualified to conduct the research. (2) Has a research protocol under which the information: (i) Will be maintained in accordance with the security requirements of § 1.466 of this part (or more stringent requirements); and (ii) Will not be redisclosed except as permitted under paragraph (b) of this section. (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. (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—GENERAL PROVISIONS | § 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 §§ 1.460 through 1.499 of this part may be disclosed outside VA for the purposes of conducting audit and evaluation activities. (a) Records not copies. If patient records covered by §§ 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: (1) Where audit or evaluation functions are performed by a State or Federal governmental agency on behalf of VA; or (2) Who is determined by the VA facility director to be qualified to conduct the audit or evaluation activities. (b) Copying of records. Records containing patient identifying information may be copied by any person who: (1) Agrees in writing to: (i) Maintain the patient identifying information in accordance with the security requirements provided in § 1.466 of this part (or more stringent requirements); (ii) Destroy all the patient identifying information upon completion of the audit or evaluation; and (iii) Comply with the limitations on disclosure and use in paragraph (d) of this section. (2) The VA medical facility director determines to be qualified to conduct the audit or evaluation activities. (c) Congressional oversight. Records subject to §§ 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. (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 crimi… | ||||||
| 38:38:1.0.1.1.2.0.11.45 | 38 | Pensions, Bonuses, and Veterans' Relief | I | 1 | PART 1—GENERAL PROVISIONS | § 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 §§ 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 §§ 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—GENERAL PROVISIONS | § 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 §§ 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: (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; (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 (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. (b) [Reserved] | ||||||
| 38:38:1.0.1.1.2.0.11.47 | 38 | Pensions, Bonuses, and Veterans' Relief | I | 1 | PART 1—GENERAL PROVISIONS | § 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 §§ 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 § 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—GENERAL PROVISIONS | § 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 §§ 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 § 1.475 of this part) to disclosure or the court has ordered the record of the proceeding sealed from public scrutiny. (b) Notice. The patient and VA facility from whom disclosure is sought must be given: (1) Adequate notice in a manner which will not disclose patient identifying information to other persons; and (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. (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 § 1.475 of this part. The proceeding may include an examination by the judge of the patient records referred to in the application. (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: (1) Other ways of obtaining the information are not available or wou… | ||||||
| 38:38:1.0.1.1.2.0.11.49 | 38 | Pensions, Bonuses, and Veterans' Relief | I | 1 | PART 1—GENERAL PROVISIONS | § 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 §§ 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. (b) Notice and hearing. Unless an order under § 1.495 of this part is sought with an order under this section, VA must be given: (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; (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 (3) An opportunity to be represented by counsel. (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. (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: (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… | ||||||
| 38:38:1.0.1.1.2.0.11.50 | 38 | Pensions, Bonuses, and Veterans' Relief | I | 1 | PART 1—GENERAL PROVISIONS | § 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 §§ 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. (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 § 1.475 of this part) to that disclosure. (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. (c) Requirements for order. An order under this section must be entered in accordance with, and comply with the requirements of, § 1.493(d) and (e) of this part. (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. (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 § 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—GENERAL PROVISIONS | § 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. (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: (1) The VA facility director is involved in the criminal activities to be investigated by the undercover agent or informant; or (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. (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: (1) There is reason to believe that an employee or agent of a VA treatment program is engaged in criminal activity; (2) Other ways of obtaining evidence of this criminal activity are not available or would not be effective; and (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. (d) Content of order. An order authorizing the placement of an undercover agent or informant in a VA treatment program must: (1) Specifically authorize the placement of an undercover agent or an informant; (2) Limit the total period of the placement to six months; (3) Prohibit the undercover agent or informant from disclosing any patient identifying information obtained from the placemen… | ||||||
| 38:38:1.0.1.1.2.0.11.52 | 38 | Pensions, Bonuses, and Veterans' Relief | I | 1 | PART 1—GENERAL PROVISIONS | §§ 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—GENERAL PROVISIONS | § 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 §§ 1.501 through 1.526. (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 §§ 1.501 through 1.526. (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 §§ 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 § 13.401 of this chapter. In central office such legal questions will be referred to the General Counsel. Any administrative… | ||||||
| 38:38:1.0.1.1.2.0.13.54 | 38 | Pensions, Bonuses, and Veterans' Relief | I | 1 | PART 1—GENERAL PROVISIONS | § 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—GENERAL PROVISIONS | § 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—GENERAL PROVISIONS | § 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—GENERAL PROVISIONS | § 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—GENERAL PROVISIONS | § 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—GENERAL PROVISIONS | § 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. (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—GENERAL PROVISIONS | § 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—GENERAL PROVISIONS | § 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. (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 §§ 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—GENERAL PROVISIONS | § 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—GENERAL PROVISIONS | § 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 distingu… | ||||||
| 38:38:1.0.1.1.2.0.13.64 | 38 | Pensions, Bonuses, and Veterans' Relief | I | 1 | PART 1—GENERAL PROVISIONS | § 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 th… | ||||||
| 38:38:1.0.1.1.2.0.13.65 | 38 | Pensions, Bonuses, and Veterans' Relief | I | 1 | PART 1—GENERAL PROVISIONS | § 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. (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. (2) Individual identifiers of veteran purchasers or dependents may be disclosed when disclosure is made to the following: (i) The individual purchasing the property; (ii) The current owner of the property; (iii) The individual that requested the appraisal or report; (iv) A person or entity which is considering making a loan to an individual with respect to the property concerned; or (v) An attorney, real estate broker, or any other agent representing any of these persons. (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 … | ||||||
| 38:38:1.0.1.1.2.0.13.66 | 38 | Pensions, Bonuses, and Veterans' Relief | I | 1 | PART 1—GENERAL PROVISIONS | § 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 §§ 1.501 through 1.526. (b) Medical records. Information contained in the medical records (including clinical records and social data) may be released under the following conditions: (1) Complete transcript of résumé or medical records on request to: (i) The Department of the Army. (ii) The Department of the Navy (including naval aviation and United States Marine Corps). (iii) The Department of the Air Force. (iv) The Department of Transportation (Coast Guard). (v) Selective Service (in case of registrants only). (vi) Federal or State hospitals or penal institutions when the veteran is a patient or inmate therein. (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. (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 “it is expected that the information contained herein will be treated as confidential, as is customary in civilian professional medical practice.”) (ix) The veteran on request, except information contained in the medical record which would prove injurious to his or her physical or mental health. (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 … | ||||||
| 38:38:1.0.1.1.2.0.13.67 | 38 | Pensions, Bonuses, and Veterans' Relief | I | 1 | PART 1—GENERAL PROVISIONS | § 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. (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: (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 (2) Any fee basis physician or institution in connection with authorized treatment of the veteran as a Department of Veterans Affairs beneficiary; or (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—GENERAL PROVISIONS | § 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—GENERAL PROVISIONS | § 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 “individual” as defined in § 1.460 to an authorized representative of a “procurement organization” as also defined in § 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: (a) The individual is currently an inpatient in a VHA health care facility; (b) The individual is, in the clinical judgment of the individual's primary health care provider, near death or is deceased as defined in § 1.460; (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 (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—GENERAL PROVISIONS | § 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 §§ 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. (b) Definitions. For the purposes of this section: Controlled substance means any substance identified in 21 CFR part 1308 as a schedule II, III, IV, or V controlled substance. State 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). (c) Participation in PDMPs. VA may disclose to PDMPs any of the following information concerning the prescription of controlled substances: (1) Demographic information of veterans and dependents of veterans who are prescribed a controlled substance. Examples include name, address, and telephone number. (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. (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—GENERAL PROVISIONS | § 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—GENERAL PROVISIONS | § 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—GENERAL PROVISIONS | § 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. (b) The address of a Department of Veterans Affairs claimant as shown by Department of Veterans Affairs files may be furnished to: (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. (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. (c) When an address is requested that may not be furnished under §§ 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 regi… | ||||||
| 38:38:1.0.1.1.2.0.13.74 | 38 | Pensions, Bonuses, and Veterans' Relief | I | 1 | PART 1—GENERAL PROVISIONS | § 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: (1) Clearly identify the type or category of names and addresses sought; (2) Furnish proof satisfactory to the Department of Veterans Affairs that the organization seeking the list is a “nonprofit organization.” 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; (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 “directly connected with the conduct of programs and the utilization of benefits” under title 38, U.S.C.; and (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. (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. (c) The Associate Deputy Assistant Secretary for Information Resources Management is authorized to release lists of names and addresses to organizations which have … | ||||||
| 38:38:1.0.1.1.2.0.13.75 | 38 | Pensions, Bonuses, and Veterans' Relief | I | 1 | PART 1—GENERAL PROVISIONS | § 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—GENERAL PROVISIONS | § 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—GENERAL PROVISIONS | § 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—GENERAL PROVISIONS | § 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 § 1.500 are applicable, and no disclosure will be made unless the request is accompanied by the authorization outlined in § 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—GENERAL PROVISIONS | § 1.524 Persons authorized to represent claimants. | VA | [33 FR 6536, Apr. 30, 1968] | A duly authorized representative will be: (a) Any person authorized in writing by the claimant to act for him or her, (b) An attorney who has filed the declaration required by § 14.629(b)(1) of this chapter, or (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—GENERAL PROVISIONS | § 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 (§ 14.627 of this chapter) holding appropriate power of attorney and recognized attorneys (§ 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 §§ 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. (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 c… | ||||||
| 38:38:1.0.1.1.2.0.13.81 | 38 | Pensions, Bonuses, and Veterans' Relief | I | 1 | PART 1—GENERAL PROVISIONS | § 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 §§ 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. (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. (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. (d) When copies of a record or document are furnished under §§ 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. (e) The following are circumstances under which services may be provided free at the discretion of facility heads or responsible Central Office officials: (1) When requested by a court, when the copy will serve as a substitute for personal court appearance of a Government witness. (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… | ||||||
| 38:38:1.0.1.1.2.0.13.82 | 38 | Pensions, Bonuses, and Veterans' Relief | I | 1 | PART 1—GENERAL PROVISIONS | § 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 §§ 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. (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. (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—GENERAL PROVISIONS | § 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 § 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. (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. (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 §§ 1.500 through 1.527 for regulations implementing 38 U.S.C. 5701. (… | ||||||
| 38:38:1.0.1.1.2.0.13.84 | 38 | Pensions, Bonuses, and Veterans' Relief | I | 1 | PART 1—GENERAL PROVISIONS | § 1.551 Definitions. | VA | [76 FR 51892, Aug. 19, 2011, as amended at 84 FR 12125, Apr. 1, 2019] | As used in §§ 1.550 through 1.562, the following definitions apply: Agency 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. Appeal means a requester's written disagreement with an adverse determination under the FOIA. Beneficiary 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. Benefits records means an individual's records, which pertain to programs under any of the benefits laws administered by the Secretary of Veterans Affairs. Business 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 “day” means business day unless otherwise specified. Business 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). Component means each distinct VA entity, including Administrations, staff offices, services, or facilities. Expedited 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. Fees. For fees and fee-related definitions, see § 1.561. FOIA Officer means the individual within a VA component whose responsibilities include addressing and granting or denying requests for records under the FOIA. FOIA Public Liaison means a supervisory agency FOIA official who assists in the resolution of any disputes between the requester and the agency. Perfected request means a written FOIA request that meets the requirements set forth in § 1.554 of this part and for which there are no remaini… | ||||||
| 38:38:1.0.1.1.2.0.13.85 | 38 | Pensions, Bonuses, and Veterans' Relief | I | 1 | PART 1—GENERAL PROVISIONS | § 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. (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 § 1.552(a) for the pertinent Internet address. (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 § 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—GENERAL PROVISIONS | § 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 § 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. (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. (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 § 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—GENERAL PROVISIONS | § 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 “Freedom of Information Act Request.” 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 § 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. (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 … | ||||||
| 38:38:1.0.1.1.2.0.13.88 | 38 | Pensions, Bonuses, and Veterans' Relief | I | 1 | PART 1—GENERAL PROVISIONS | § 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. (b) Authority to grant or deny requests. Each component shall designate a FOIA Officer who is responsible for making determinations pursuant to the FOIA. (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: (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 (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. (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. (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 O… | ||||||
| 38:38:1.0.1.1.2.0.13.89 | 38 | Pensions, Bonuses, and Veterans' Relief | I | 1 | PART 1—GENERAL PROVISIONS | § 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. (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. (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. (c) Unusual circumstances. (1) FOIA Officers may encounter “unusual circumstances,” 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: (i) The need to search for and collect the requested re… | ||||||
| 38:38:1.0.1.1.2.0.13.90 | 38 | Pensions, Bonuses, and Veterans' Relief | I | 1 | PART 1—GENERAL PROVISIONS | § 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. (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 § 1.561, the FOIA Officer shall inform the requester of the amount of the fee as provided in § 1.554(e) and § 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. (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… | ||||||
| 38:38:1.0.1.1.2.0.13.91 | 38 | Pensions, Bonuses, and Veterans' Relief | I | 1 | PART 1—GENERAL PROVISIONS | § 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 § 1.557 of this part. (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 “business information” 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. (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… | ||||||
| 38:38:1.0.1.1.2.0.13.92 | 38 | Pensions, Bonuses, and Veterans' Relief | I | 1 | PART 1—GENERAL PROVISIONS | § 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. (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 § 1.552(a) of this part for the pertinent internet address. (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 § 1.552(a) of this part for the pertinent internet address. (d) Time limits and content of appeal. The appeal to the VA OGC (024… | ||||||
| 38:38:1.0.1.1.2.0.13.93 | 38 | Pensions, Bonuses, and Veterans' Relief | I | 1 | PART 1—GENERAL PROVISIONS | § 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. (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—GENERAL PROVISIONS | § 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. (b) Definitions. For purposes of assessing or determining fees, the following definitions apply: (1) All other requests means a request that does not fit into any of the categories in this section. (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. (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 spa… | ||||||
| 38:38:1.0.1.1.2.0.13.95 | 38 | Pensions, Bonuses, and Veterans' Relief | I | 1 | PART 1—GENERAL PROVISIONS | § 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—GENERAL PROVISIONS | § 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: (1) Correct any part thereof which the individual believes is not accurate, relevant, timely or complete; or (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. (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. (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 det… | ||||||
| 38:38:1.0.1.1.2.0.15.101 | 38 | Pensions, Bonuses, and Veterans' Relief | I | 1 | PART 1—GENERAL PROVISIONS | § 1.580 Administrative review. | VA | [84 FR 12130, Apr. 1, 2019] | (a) Upon consideration and denial of a request under § 1.577 or § 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: (1) The name and title or position of the person responsible for the adverse determination; (2) A brief statement of the reason(s) for the denial and the policy upon which the denial is based; and (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. (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). (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—GENERAL PROVISIONS | § 1.581 [Reserved] | VA | ||||||||
| 38:38:1.0.1.1.2.0.15.103 | 38 | Pensions, Bonuses, and Veterans' Relief | I | 1 | PART 1—GENERAL PROVISIONS | § 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. (b) Exemption of Inspector General Systems of Records. The Department of Veterans Affairs provides limited access to Inspector General Systems of Records as indicated. (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: (i) Investigation Reports of Persons Allegedly Involved in Irregularities Concerning VA and Federal Laws, Regulations, Programs, etc.—VA (11 VA51); and (ii) Inspector General Complaint Center Records—VA (66VA53). (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). (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: (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 … | ||||||
| 38:38:1.0.1.1.2.0.15.104 | 38 | Pensions, Bonuses, and Veterans' Relief | I | 1 | PART 1—GENERAL PROVISIONS | §§ 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—GENERAL PROVISIONS | § 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. (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) (c) A person requested by VA to disclose a social security number shall be told, as prescribed by § 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 determin… | ||||||
| 38:38:1.0.1.1.2.0.15.97 | 38 | Pensions, Bonuses, and Veterans' Relief | I | 1 | PART 1—GENERAL PROVISIONS | § 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: (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. (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. (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. (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. (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. (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: (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; (2) Required under 5 U.S.C. 552; (3) For a routine use of the record compatible with the purpose for which it was collected; (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.; (5) To a recipi… | ||||||
| 38:38:1.0.1.1.2.0.15.98 | 38 | Pensions, Bonuses, and Veterans' Relief | I | 1 | PART 1—GENERAL PROVISIONS | § 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. (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 § 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… | ||||||
| 38:38:1.0.1.1.2.0.15.99 | 38 | Pensions, Bonuses, and Veterans' Relief | I | 1 | PART 1—GENERAL PROVISIONS | § 1.578 [Reserved] | VA | ||||||||
| 38:38:1.0.1.1.2.0.16.105 | 38 | Pensions, Bonuses, and Veterans' Relief | I | 1 | PART 1—GENERAL PROVISIONS | § 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: (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 § 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; (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 § 14.630 of this chapter; and (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 § 14.630 of this chapter for violating any of the requirements for access. (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: (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 § 14.630 of this chapter who is approved to access VA IT systems under §§ 1.600 through 1.603; (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, (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 claim… | ||||||
| 38:38:1.0.1.1.2.0.16.106 | 38 | Pensions, Bonuses, and Veterans' Relief | I | 1 | PART 1—GENERAL PROVISIONS | § 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: (i) A representative of a VA-recognized service organization who is accredited by VA under § 14.629(a) of this chapter through a service organization and whose service organization holds power of attorney for one or more claimants under § 14.631 of this chapter; (ii) An attorney or agent who is accredited by VA under § 14.629(b) of this chapter and who: (A) holds power of attorney for one or more claimants under § 14.631 of this chapter or (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; (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 § 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 § 14.631(a); or (iv) An individual authorized by the General Counsel under § 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 § 14.631 of this chapter. (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. (3) VA may deny access to VA IT systems if the requirements of paragraphs (a)(1) or (2) of this section are not met. (b) The method of access, including security software and work-site location of the attorney, agent, representative of a VA-recognized service organization, affiliated s… | ||||||
| 38:38:1.0.1.1.2.0.16.107 | 38 | Pensions, Bonuses, and Veterans' Relief | I | 1 | PART 1—GENERAL PROVISIONS | § 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 § 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 § 14.630 of this chapter: (1) Will electronically access VA records through VA IT systems only by the method of access approved in advance by VA; (2) Will use only his or her assigned logon credentials to obtain access; (3) Will not reveal his or her logon credentials to anyone else, or allow anyone else to use his or her logon credentials; (4) Will access via VA IT systems only the records of claimants whom he or she represents or is authorized to assist in representing; (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; (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; (7) Will comply with all security requirements VA deems necessary to ensure the integrity and confidentiality of the data and VA IT systems; and (8) Will, if accredited or authorized by the General Counsel under § 14.630 of this chapter, comply with each of the standards of conduct for accredited individuals prescribed in § 14.632 of this chapter. (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 Priv… | ||||||
| 38:38:1.0.1.1.2.0.16.108 | 38 | Pensions, Bonuses, and Veterans' Relief | I | 1 | PART 1—GENERAL PROVISIONS | § 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 § 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. (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. (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. (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 § 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: (1) Violates any of the provisions of §§ 1.600 through 1.603; (2) Accesses or attempts to access data for a purpose other than representation or assistance in the representation of an individual claimant; (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; (4) Accesses or attempts to access a VA IT system by a method that has not been approved by VA; or (5) Modifies or attempts to modify data in a VA IT system without authorization. (c)(1) To initiate the process for denial of access under §… | ||||||
| 38:38:1.0.1.1.2.0.17.109 | 38 | Pensions, Bonuses, and Veterans' Relief | I | 1 | PART 1—GENERAL PROVISIONS | § 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—GENERAL PROVISIONS | § 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: (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. (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. (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—GENERAL PROVISIONS | § 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. (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—GENERAL PROVISIONS | § 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—GENERAL PROVISIONS | § 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—GENERAL PROVISIONS | § 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—GENERAL PROVISIONS | § 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: (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. (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. (b) The inventor's immediate su… | ||||||
| 38:38:1.0.1.1.2.0.17.116 | 38 | Pensions, Bonuses, and Veterans' Relief | I | 1 | PART 1—GENERAL PROVISIONS | § 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—GENERAL PROVISIONS | § 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—GENERAL PROVISIONS | § 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—GENERAL PROVISIONS | § 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—GENERAL PROVISIONS | § 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—GENERAL PROVISIONS | § 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—GENERAL PROVISIONS | § 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. (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—GENERAL PROVISIONS | §§ 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—GENERAL PROVISIONS | § 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: (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 (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—GENERAL PROVISIONS | § 1.671 Definitions. | VA | For the purpose of §§ 1.670 through 1.673, the following definitions apply: (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. (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. (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—GENERAL PROVISIONS | § 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. (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. (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—GENERAL PROVISIONS | § 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. (1) Knowledge of circumstances which could lead to an allotment or apportionment being exceeded; (2) Whether the official had received explicit instructions to continue or cease incurring obligations; (3) Whether any action was taken in contravention of or with disregard for, instructions to monitor obligations incurred; (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 (5) Any other facts which tend to fix the responsibility for the obligations which resulted in the allotment or apportionment being exceeded. (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—GENERAL PROVISIONS | § 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—GENERAL PROVISIONS | § 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—GENERAL PROVISIONS | § 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. (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.). (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. (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. (e) The Department of Veterans Affairs wi… | ||||||
| 38:38:1.0.1.1.2.0.19.131 | 38 | Pensions, Bonuses, and Veterans' Relief | I | 1 | PART 1—GENERAL PROVISIONS | § 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—GENERAL PROVISIONS | § 1.704 [Reserved] | VA | ||||||||
| 38:38:1.0.1.1.2.0.19.133 | 38 | Pensions, Bonuses, and Veterans' Relief | I | 1 | PART 1—GENERAL PROVISIONS | § 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: (a) Printed on official envelopes and other materials ordered and stocked in quantities that represent more than a 90-day supply. (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. (c) Inserted in any envelope or publication the contents of which may be construed to be inappropriate for association with the missing children program. (d) Inserted in any envelope where the insertion would increase the postage cost for the item being mailed. (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. |
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title_number INTEGER,
title_name TEXT,
chapter TEXT,
subchapter TEXT,
part_number TEXT,
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agency TEXT,
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source_citation TEXT,
amendment_citations TEXT,
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CREATE INDEX idx_cfr_agency ON cfr_sections(agency);