**§14.801 Applicability.**

\(a\) Sections 14.800 through 14.810 apply to:

\(1\) Contractors and subcontractors which undertake a VA activity or
maintain VA records when the contract covering their actions provides
that these regulations apply, as well as the personnel of contractors
and subcontractors.

\(2\) All components of the Department, including Canteen Service, the
Office of Inspector General, and all staff offices, services and
administrations, and their personnel.

\(b\) Sections 14.800 through 14.810 do not apply to:

\(1\) Testimony or records provided in accordance with Office of
Personnel Management regulations implementing 5 U.S.C. 6322.

\(2\) (i) Legal proceedings in which the Department of Veterans Affairs,
the Secretary of Veterans Affairs or the United States is a party, is
represented or has a direct and substantial interest; or

\(ii\) Legal proceedings in which an individual or entity is a party for
whom the United States is providing representation.

\(3\) Legal proceedings in which VA personnel are to testify while in
leave or off-duty status as to matters which are purely personal and
that do not arise out of, or relate in any way to, the personnel's
official duties or to the functions and activities of the VA or the
United States.

\(4\) Official comments on matters in legal proceedings, where
appropriate.

\(5\) Disclosures, in the absence of a request or demand, of information
or records by VA components, particularly the Office of Inspector
General, to federal, state, local and foreign law enforcement or
regulatory agencies.

\(6\) Congressional demands or requests for testimony or documents.

\(7\) Requests for, and release of, records under the Freedom of
Information Act, 5 U.S.C. 552, and the Privacy Act, 5 U.S.C. 552a.

\(8\) Disclosures in child support and alimony proceedings under the
authority of 42 U.S.C. 659 and regulations promulgated by the Office of
Personnel Management implementing that section.

\(9\) Legal proceedings before or involving the VA concerning a claim or
dispute as to the rights of a beneficiary or obligations or liabilities
of the United States under any law or program administered by the
Department of Veterans Affairs.

\(10\) Requests by a veteran or that veteran's representative for access
to the veteran's records for use in an administrative or judicial claim
for benefits administered by the Department of Veterans Affairs.

\(11\) Foreign legal proceedings covered by Department of State
procedures governing the production of records or witnesses in response
to requests or demands in connection with foreign legal proceedings.

\(c\) Sections 14.800 through 14.810 are not intended to, and do not:

\(1\) Waive the sovereign immunity of the United States;

\(2\) Infringe upon or displace the responsibilities committed to the
Department of Justice in conducting litigation on behalf of the United
States in appropriate cases;

\(3\) Remove the need for the Department to comply with any applicable
legal confidentiality provisions, such as the Privacy Act, before having
the legal authority to make any disclosure or providing any testimony
under these regulations. (Sections 14.800 through 14.810 do not give VA
disclosure authority under applicable confidentiality statutes; absent
disclosure authority granted by those statutes, information and records
subject to those laws may not be disclosed, or testimony given as to
them under the procedures established in these regulations); or

\(4\) Preclude treating any written request for agency records that is
not in the nature of a request or demand related to legal proceedings as
a request under the Freedom of Information or Privacy Acts. (Authority:
38 U.S.C. 501(a) and (b); 5 U.S.C. 301)