Federal Register / Vol. 76, No. 50 / Tuesday, March 15, 2011 / Notices 14119 

Register pursuant to the authority 

indicated below. 

Authority: 49 U.S.C. 30141(a)(1)(A) and 

(b)(1); 49 CFR 593.8; delegations of authority 

at 49 CFR 1.50 and 501.8. 

Issued on: March 9, 2011. 

Claude H. Harris, 

Acting Associate Administrator for 

Enforcement. 

[FR Doc. 2011–5982 Filed 3–14–11; 8:45 am] 

BILLING CODE 4910–59–P 

DEPARTMENT OF VETERANS 

AFFAIRS 

Privacy Act of 1974; System of 

Records 

AGENCY: Department of Veterans Affairs 

(VA). 

ACTION: Notice of Amendment of 

Systems of Records Notice ‘‘Supervised 

Fiduciary/Beneficiary and General 

Investigative Records—VA’’ (37VA27). 

SUMMARY: As required by the Privacy 

Act of 1974 (5 U.S.C. 552a(e)(4)), notice 

is hereby given that the Department of 

Veterans Affairs (VA) is updating 

system of records in its inventory 

entitled ‘‘Supervised Fiduciary/ 

Beneficiary and General Investigative 

Records—VA’’ (37VA27). VA is 

amending the system of records by 

revising the Purpose(s), System Manager 

and address, and Routine Uses of 

Records Maintained in the System. VA 

is republishing the system notice in its 

entirety. 

DATES: Comments on this amended 

system of records must be received no 

later than April 14, 2011. If no public 

comment is received during the period 

allowed for comment or unless 

otherwise published in the Federal 

Register by VA, the amended system 

will become effective April 14, 2011. 

ADDRESSES: Written comments may be 

submitted through http:// 

www.Regulations.gov; by mail or handdelivery to the Director, Regulation 

Policy and Management (02REG), 

Department of Veterans Affairs, 810 

Vermont Ave., NW., Room 1068, 

Washington, DC 20420; or by fax to 

202–273–9026. (This is not a toll free 

number.) Copies of comments received 

will be available for public inspection in 

the Office of Regulation Policy and 

Management, Room 1063B, between the 

hours of 8 a.m. and 4:30 p.m. Monday 

through Friday (except holidays). Please 

call 202–461–4902 for an appointment. 

(This is not a toll free number.) In 

addition, during the comment period, 

comments may be viewed online 

through the Federal Docket Management 

System (FDMS) at https:// 

www.Regulations.gov. 

FOR FURTHER INFORMATION CONTACT: 

Thomas J. Murphy, Director, 

Compensation and Pension Service, 

Veterans Benefits Administration 

(VBA), Department of Veterans Affairs, 

810 Vermont Avenue, NW., 

Washington, DC 20420, 202–461–9700. 

SUPPLEMENTARY INFORMATION: This 

system of records contains guidelines 

for the administration of benefits in 

regards to beneficiaries who have been 

deemed incompetent by medical or legal 

authority. As required by law this 

system of records is updated to contain 

additional routine uses deemed 

necessary to administer benefits covered 

under title 38, United States Code, 

chapter 3, section (501)(a), (b), chapter 

55. 

The routine uses of records 

maintained in the system, including 

categories of users and the purposes of 

such uses, are being amended to protect 

the confidentiality and govern the 

release of VA records subject to 38 

U.S.C. 5701, which permits disclosure 

in accordance with valid routine uses. 

Routine use numbers 15, 16, 17, 18, 19, 

20, and 21 have been added in 

accordance with this authority. 

Routine use number 1 has been 

revised to require that individuals 

covered by this system provide written 

requests for disclosures to be made to 

members of Congress or their staff. 

Routine use number 15 was added to 

allow for the disclosure of information 

to the National Archives and Records 

Administration (NARA) and the General 

Services Administration (GSA) in 

records management inspections 

conducted under authority of chapter 29 

of title 44, United States Code. Routine 

use number 16 was added to allow for 

the disclosure of information to the 

Department of Justice (DoJ), either on 

VA’s initiative or in response to DOJ’s 

request for information, after either VA 

or DoJ determines that such information 

is relevant to DoJ’s representation of the 

United States or any of its components 

in legal proceedings before a court or 

adjudicative body, provided that, in 

each case, the agency also determines 

prior to disclosure that release of the 

records to DoJ is a use of the 

information contained in the records 

that is compatible with the purpose for 

which VA collected the records. VA, on 

its own initiative, may disclose records 

in this system of records in legal 

proceedings before a court or 

administrative body after determining 

that the disclosure of records to the 

court or administrative body is a use of 

the information contained in the records 

that is compatible with the purpose for 

which VA collected the records. Routine 

use number 17 was added to allow for 

the disclosure of relevant information to 

individuals, organizations, public or 

private agencies, or other entities with 

whom VA has a contract or agreement 

or where there is a subcontract to 

perform such services as VA may deem 

practicable for the purposes of laws 

administered by VA, in order for the 

contractor or subcontractor to perform 

the services of the contract or 

agreement. Routine use number 18 was 

added to allow the disclosure of 

information by VA of any information in 

the system, except the names and 

mailing addresses of veterans and their 

dependents, that is relevant to a 

suspected violation or reasonably 

imminent violation of law, whether 

civil, criminal or regulatory in nature 

and whether arising by general or 

program statute or by regulation, rule or 

order issued pursuant thereto, to a 

Federal, State, local, Tribal, or foreign 

agency charged with the responsibility 

of investigating or prosecuting such 

violation, or charged with enforcing or 

implementing the statute, rule, 

regulation or order. Routine use number 

19 was added to allow the disclosure of 

information to Federal agencies to assist 

such agencies in preventing and 

detecting possible fraud or abuse in 

operations and programs. Routine use 

number 20 was added to allow VA to 

disclose any information or records to 

appropriate agencies, entities, and 

persons when (1) VA suspects or has 

confirmed that the integrity or 

confidentiality of information in the 

system of records has been 

compromised; (2) VA has determined 

that as a result of the suspected or 

confirmed compromise, there is a risk of 

embarrassment or harm to the 

reputations of the record subjects, harm 

to economic or property interests, 

identity theft or fraud, or harm to the 

programs (whether maintained by VA or 

another agency or entity) that rely upon 

the potentially compromised 

information; and (3) the disclosure is 

made to such agencies, entities, or 

persons whom VA determines are 

reasonably necessary to assist or carry 

out VA’s efforts to respond to the 

suspected or confirmed compromise 

and prevent, minimize, or remedy such 

harm. This routine use allows 

disclosures by VA to respond to a 

suspected or confirmed data breach, 

including the conduct of any risks 

analysis or provision of credit 

protection services as provided in 38 

U.S.C. 5724, as the terms are defined in 

38 U.S.C. 5727. Routine use number 21 


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14120 Federal Register / Vol. 76, No. 50 / Tuesday, March 15, 2011 / Notices 

was added to allow for the disclosure of 

the name and mailing address of a VA 

beneficiary, and other information as is 

reasonably necessary to identify such a 

beneficiary, who has been adjudicated 

as incompetent under 38 CFR 3.353 to 

the Attorney General of the United 

States or his/her designee, for use by the 

Department of Justice in the National 

Instant Criminal Background Check 

System (NICS) mandated by the Brady 

Handgun Violence Prevention Act, 

Public Law 103–159. 

The proposed system reports, as 

required by 5 U.S.C. 552a (r) of the 

Privacy Act of 1974, as amended, were 

submitted to the House Committee on 

Oversight and Government Reform, the 

Senate Committee on Homeland 

Security and Governmental Affairs, and 

the Office of Management and Budget 

(OMB) pursuant to paragraph 4c of 

Appendix I to OMB Circular No. A–130, 

‘‘Federal Agency Responsibilities for 

Maintaining Records About 

Individuals,’’ dated February 8, 1996 (61 

FR 6427, February 20, 1996). 

The notice of amendment and an 

advance copy of the system notice have 

been sent to the appropriate 

Congressional committees and to the 

Director of Office of Management and 

Budget (OMB) as required by 5 U.S.C. 

552a(r) (Privacy Act) and guidelines 

issued by OMB (65 FR 77677, December 

12, 2000). 

Approved: September 16, 2010. 

John R. Gingrich, 

Chief of Staff, Department of Veterans Affairs. 

37VA27 

SYSTEM NAME: 

‘‘VA Supervised Fiduciary/ 

Beneficiary and General Investigative 

Records—VA’’ 

SYSTEM LOCATION: 

Records are maintained at the 

Department of Veterans Affairs (VA) 

regional offices, VA Medical Centers, 

the VA Records Management Center, St. 

Louis, Missouri, and the Data Processing 

Center at Hines, Illinois, and at the 

Corporate Franchise Data Center in 

Austin, Texas. The regional offices 

having jurisdiction over the domicile of 

the claimant generally maintain active 

records. Address locations are listed in 

the VA Appendix I. The automated 

individual employee productivity 

records are temporarily maintained at 

the VA data processing facility serving 

the office in which the employee is 

located. The paper record is maintained 

at the VA regional office having 

jurisdiction over the employee who 

processed the claim. Records provided 

to the Department of Housing and Urban 

Development (HUD) for inclusion on its 

Credit Alert Interactive Voice Response 

System (CAIVRS) are located at a data 

processing center under contract to 

HUD in Lanham, Maryland. 

CATEGORIES OF INDIVIDUALS COVERED BY THE

SYSTEM: 

The following categories of 

individuals are covered by this system: 

1. VA beneficiaries (i.e., a veteran or 

a non-veteran adult who receives VA 

monetary benefits, lacks the mental 

capacity to manage his or her own 

financial affairs regarding disbursement 

of funds without limitation, and is 

either rated incompetent by VA or 

adjudged to be under legal disability by 

a court of competent jurisdiction; or a 

child who has not reached majority 

under State law and receives VA 

monetary benefits); 

2. VA supervised fiduciaries (i.e., VA 

Federal fiduciaries including legal 

custodians, spouse payees, 

superintendents of Indian reservations 

and custodians-in-fact appointed by VA 

to serve as payee of VA monetary 

benefits for an incompetent VA 

beneficiary; or a person or legal entity 

appointed by a State or foreign court to 

supervise the person and/or estate of a 

VA beneficiary adjudged to be under a 

legal disability. The statutory title of a 

court-appointed fiduciary may vary 

from State to State). 

3. A chief officer of a hospital 

treatment, domiciliary, institutional or 

nursing home care facility wherein a 

veteran, rated incompetent by VA, is 

receiving care and who has contracted 

to use the veteran’s VA funds in a 

specific manner. 

4. Supervised Direct Payment (SDP) 

beneficiaries (i.e., incompetent adults 

who receive VA monetary benefits, or 

other individuals for whom an 

investigation of other than a fiduciary or 

guardianship matter is conducted for 

the purpose of developing evidence to 

enable a VA organizational element to 

make administrative decisions on 

benefits eligibility and other issues; or, 

to develop evidence for further 

investigations of potential criminal 

issues. 

5. Physicians named in treatment 

records and financial managers or 

attorneys who help disperse funds. 

These individuals’ names would be 

released during the disclosure of an 

incompetent individual’s records. 

CATEGORIES OF RECORDS IN THE SYSTEM: 

The records in the Principal 

Guardianship Folder (PGF) are the 

primary records in this system. Social 

Security Administration (SSA) derived 

records, as needed, are also contained in 

this system. These records as well as 

secondary files called veterans files and 

correspondence files may contain the 

following types of information: 

1. Field examination reports (i.e., VA 

Form 27–4716a or 27–3190, Field 

Examination Request and Report, which 

contains a VA beneficiary’s name, 

mailing address, social security number, 

VA file number, an assessment of the 

VA beneficiary’s ability to handle VA 

and non-VA funds, description of family 

relationships, economic and social 

adjustment data, information regarding 

activities, and name, mailing address, 

and assessment of the performance of a 

VA-supervised fiduciary); 

2. Correspondence from and to a VA 

beneficiary, a VA-supervised fiduciary, 

and other interested third parties; 

3. Medical records (i.e., medical and 

social work service reports generated in 

VA, State, local, and private medical 

treatment facilities and private 

physicians’ offices indicating the 

medical history of the VA beneficiary 

including diagnosis, treatment and 

nature of physical or mental disability); 

4. Financial records (e.g., accountings 

of a fiduciary’s management of a VA 

beneficiary’s income and estate, amount 

of monthly benefits received, amounts 

claimed for commissions by the VAsupervised fiduciary, certificates of 

balance on accounts from financial 

institutions, and withdrawal agreements 

between VA, financial institutions, and 

VA-supervised fiduciary); 

5. Court documents (e.g., petitions, 

court orders, letters of fiduciaryship, 

inventories of assets, and depositions); 

6. Contractual agreements to serve as 

a VA Federal Fiduciary; 

7. Photographs of people 

(incompetent beneficiaries, fiduciaries, 

and other persons who are the subject 

of a VA investigation), places, and 

things; 

8. Fingerprint records; and 

9. Social Security Administration 

records containing information about 

the type and amount of SSA benefits 

paid to beneficiaries who are eligible to 

receive benefits under both VA and SSA 

eligibility criteria, records containing 

information developed by SSA about 

SSA beneficiaries who are in need of 

representative payees, accountings to 

SSA, and records containing 

information about SSA representative 

payees. Also contained in this system 

are copies of nonfiduciary program 

investigation records. These records are 

reports of field examinations or 

investigations performed at the request 

of any organizational element of VA 

about any subject under the jurisdiction 

of VA other than a fiduciary issue. In 

addition to copies of the reports, records 


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may include copies of exhibits or 

attachments such as photographs of 

people, places, and things; sworn 

statements; legal documents involving 

loan guaranty transactions; bankruptcy; 

and debts owed to VA; accident reports; 

birth, death, and divorce records; 

certification of search for vital statistics 

documents; and beneficiary’s financial 

statements and tax records; immigration 

information; and newspaper clippings. 

AUTHORITY FOR MAINTENANCE OF THE SYSTEM: 

Title 38, United States Code, Chapter 

3, § 501(a), (b), Chapter 55. 

PURPOSE: 

This system will collect a limited 

amount of personally identifiable 

information in order to provide 

authorized individuals access to or 

interaction with the Department of 

Veterans Affairs. The information 

collected by the system will include: 

name, mailing address, social security 

number, medical record information, 

and financial information. The system 

enables VA to maintain lists of 

individuals who are considered 

incompetent for VA purposes for the 

purpose of providing a wide variety of 

Federal veteran’s benefits administered 

by VA at VA facilities located 

throughout the nation. See the statutory 

provisions cited in ‘‘Authority for 

maintenance of the system.’’ VA gathers 

or creates these records in order to 

enable it to administer these statutory 

benefits programs. 

ROUTINE USES OF RECORDS MAINTAINED IN THE

SYSTEM, INCLUDING CATEGORIES OF USERS AND

THE PURPOSES OF SUCH USES: 

1. The record of an individual who is 

covered by this system may be disclosed 

to a member of Congress, or staff person 

acting for the member when the member 

or staff person requests the record on 

behalf of and at the written request of 

that individual. 

2. The name and mailing address of 

a veteran, which is relevant to a 

suspected violation or reasonably 

imminent violation of law, whether 

civil, criminal or regulatory in nature 

and whether arising by general or 

program statute or by regulation, rule or 

order issued pursuant thereto, may be 

disclosed to a Federal agency charged 

with the responsibility of investigating 

or prosecuting such violation, or 

charged with enforcing or implementing 

the statute, regulation, rule or order 

issued pursuant thereto, in response to 

its official request, when that 

information is for law enforcement 

investigation purposes, and such 

request is in writing and otherwise 

complies with subsection (b)(7) of 5 

U.S.C. 552a. 

3. The name and mailing address of 

a veteran, which is relevant to a 

suspected violation or reasonably 

imminent violation of law concerning 

public health or safety, whether civil, 

criminal or regulatory in nature and 

whether arising by general or program 

statute or by regulation, rule or order 

issued pursuant thereto, may be 

disclosed to any foreign, State or local 

governmental agency or instrumentality 

charged under applicable law with the 

protection of the public health or safety, 

if a qualified representative of such 

organization, agency or instrumentality 

has made a written request that such 

name and mailing address be provided 

for a purpose authorized by law, and, if 

the information is sought for law 

enforcement investigation purposes, and 

the request otherwise complies with 

subsection (b)(7) of 5 U.S.C. 552a. 

4. The name and mailing address of 

a veteran may be disclosed to any 

nonprofit organization if the release is 

directly connected with the conduct of 

programs and the utilization of benefits 

under title 38, United States Code (such 

disclosures include computerized lists 

of names and mailing addresses). 

5. Any information in this system, 

including name, mailing address, social 

security number, VA file number, 

medical records, financial records and 

field examination reports of a VA 

beneficiary, and the name, mailing 

address and information regarding the 

activities of a VA-supervised fiduciary 

or beneficiary may be disclosed at the 

request of a VA beneficiary or fiduciary 

to a Federal, State, or local agency in 

order for VA to obtain information 

relevant to a VA decision concerning 

the payment and usage of funds payable 

by VA on behalf of a beneficiary, or to 

enable VA to assist a beneficiary or VAsupervised fiduciary in obtaining the 

maximum amount of benefits for a VA 

beneficiary from a Federal, State, or 

local agency. 

6. Any information in this system, 

including name, mailing address, social 

security number, VA file number, 

medical records, financial records and 

field examination reports of a VA 

beneficiary who is in receipt of VA and 

SSA benefits concurrently, and the 

name, mailing address and information 

regarding the activities of a VAsupervised fiduciary may be disclosed 

to a representative of SSA to the extent 

necessary for the operation of a VA 

program, or to the extent needed as 

indicated by such representative. 

7. The name and mailing address of 

a VA beneficiary, VA rating of 

incompetency, and the field 

examination report may be disclosed to 

a Federal agency, upon its official 

request, in order for that agency to make 

decisions on such matters as 

competency and dependency in 

connection with eligibility for that 

agency’s benefits. This information may 

also be disclosed to a State or local 

agency, upon its official request in order 

for that agency to make decisions on 

such matters as competency and 

dependency in connection with 

eligibility for that agency’s benefits, if 

the information pertains to a VA 

beneficiary who is not a veteran, or if 

the name and mailing address of the 

veteran is provided beforehand. 

8. Any information in this system, 

including medical records, financial 

records, field examination reports, 

correspondence and court documents 

may be disclosed in the course of 

presenting evidence to a court, 

magistrate or administrative tribunal in 

matters of guardianship, inquests and 

commitments, and to probation and 

parole officers in connection with court 

required duties. 

9. Only so much relevant information, 

including information in VA records 

obtained from SSA, and the name and 

mailing address of a VA beneficiary, 

fiduciary, or other person under 

investigation, as is necessary to obtain a 

coherent and informed response may be 

released to a third party who may have 

information bearing on an issue under 

VA investigation. 

10. Any information in this system 

may be disclosed to a VA or courtappointed fiduciary in order for that 

fiduciary to perform his or her duties, 

provided this information will only be 

released when the disclosure is for the 

benefit of the beneficiary. Any 

information in this system may also be 

disclosed to a proposed fiduciary in 

order for the fiduciary to make an 

informed decision with regard to 

accepting fiduciary responsibility for a 

VA beneficiary. 

11. Any information in this system, 

including medical records, 

correspondence records, financial 

records, field examination reports and 

court documents may be disclosed to an 

attorney employed by the beneficiary, or 

to a spouse, relative, next friend or to a 

guardian ad litem representing the 

interests of the beneficiary, provided the 

name and mailing address of the 

beneficiary is given beforehand and the 

disclosure is for the benefit of the 

beneficiary, and the release is 

authorized by 38 U.S.C. 7332, if 

applicable. Records subject to 38 U.S.C. 

7332 contain information on medical 

treatment for drug abuse, alcoholism, 

sickle cell anemia, and HIV. 

12. Any information in this system 

may be disclosed to the Department of 


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Justice and to U.S. Attorneys in defense 

of prosecution of litigation involving the 

United States and to Federal agencies 

upon their official request in connection 

with review of administrative tort 

claims filed under the Federal Tort 

Claims Act, 28 U.S.C. 2672, as well as 

other claims. 

13. Any information in this system 

including available identifying 

information regarding the debtor, such 

as the name of the debtor, last known 

address of the debtor, name of debtor’s 

spouse, social security account number, 

VA insurance number, VA file number, 

place of birth and date of birth of debtor, 

name and mailing address of debtor’s 

employer or firm and dates of 

employment, may be disclosed to other 

Federal agencies, State probate courts, 

State drivers license bureaus, State 

automobile title and license bureaus and 

the Government Accountability Office 

in order to obtain current mailing 

address, locator and credit report 

assistance in the collection of unpaid 

financial obligations owed the United 

States. The purpose is consistent with 

the Federal Claims Collection Act of 

1966 and 38 U.S.C. 5701(b)(6). 

14. Any information in this system 

relating to the adjudication of 

incompetency of a VA beneficiary either 

by the court of competent jurisdiction or 

by VA may be disclosed to a lender or 

prospective lender participating in the 

VA Loan Guaranty Program who is 

extending credit or proposing to extend 

credit on behalf of a veteran in order for 

VA to protect incompetent veterans 

from entering into unsound financial 

transactions which might deplete the 

resources of the veteran and to protect 

the interest of the Government giving 

credit assistance to a veteran. 

15. Disclosure may be made to the 

National Archives and Records 

Administration (NARA) and the General 

Services Administration (GSA) in 

records management inspections 

conducted under authority of chapter 29 

of title 44, United States Code. 

16. VA may disclose information from 

this system of records to the Department 

of Justice (DoJ), either on VA’s initiative 

or in response to DoJ’s request for the 

information, after either VA or DoJ 

determines that such information is 

relevant to DoJ’s representation of the 

United States or any of its components 

in legal proceedings before a court or 

adjudicative body, provided that, in 

each case, the agency also determines 

prior to disclosure that release of the 

records to the DoJ is a use of the 

information contained in the records 

that is compatible with the purpose for 

which VA collected the records. VA, on 

its own initiative, may disclose records 

in this system of records in legal 

proceedings before a court or 

administrative body after determining 

that the disclosure of records to the 

court or administrative body is a use of 

the information contained in the records 

that is compatible with the purpose for 

which VA collected the records. 

17. Disclosure of relevant information 

may be made to individuals, 

organizations, public or private 

agencies, or other entities with whom 

VA has a contract or agreement or where 

there is a subcontract to perform such 

services as VA may deem practicable for 

the purposes of laws administered by 

VA, in order for the contractor or 

subcontractor to perform the services of 

the contract or agreement. 

18. VA may disclose on its own 

initiative any information in this 

system, except the names and mailing 

addresses of veterans and their 

dependents, that is relevant to a 

suspected violation or reasonably 

imminent violation of law, whether 

civil, criminal or regulatory in nature 

and whether arising by general or 

program statute or by regulation, rule or 

order issued pursuant thereto, to a 

Federal, State, local, Tribal, or foreign 

agency charged with the responsibility 

of investigating or prosecuting such 

violation, or charged with enforcing or 

implementing the statute, rule, 

regulation or order. 

19. Disclosure to other Federal 

agencies may be made to assist such 

agencies in preventing and detecting 

possible fraud or abuse by individuals 

in their operations and programs. 

20. VA may on its own initiative, 

disclose any information or records to 

appropriate agencies, entities, and 

persons when (1) VA suspects or has 

confirmed that the integrity or 

confidentiality of information in the 

system of records has been 

compromised; (2) VA has determined 

that as a result of the suspected or 

confirmed compromise, there is a risk of 

embarrassment or harm to the 

reputations of the record subjects, harm 

to the economic or property interests, 

identity theft or fraud, or harm to the 

programs (whether maintained by VA or 

another agency or entity) that rely upon 

the potentially compromised 

information; and (3) the disclosure is to 

agencies, entities, or persons whom VA 

determines are reasonably necessary to 

assist or carry out VA’s efforts to 

respond to the suspected or confirmed 

compromise and prevent, minimize, or 

remedy such harm. This routine use 

permits disclosures by VA to respond to 

a suspected or confirmed data breach, 

including the conduct of any risk 

analysis or provision of credit 

protection services as provided in 38 

U.S.C. 5724, as the terms are defined in 

38 U.S.C. 5727. 

21. The name and mailing address of 

a VA beneficiary, and other information 

as is reasonably necessary to identify 

such a beneficiary, who has been 

adjudicated as incompetent under 38 

CFR 3.353, may be provided to the 

Attorney General of the United States or 

his/her designee, for use by the 

Department of Justice in the National 

Instant Criminal Background Check 

System (NICS) mandated by the Brady 

Handgun Violence Prevention Act, 

Public Law 103–159. 

POLICIES AND PRACTICES FOR STORING, 

RETRIEVING, ACCESSING, RETAINING, AND

DISPOSING OF RECORDS IN THE SYSTEM: 

STORAGE: 

Fiduciary Program beneficiary and 

fiduciary information contained in the 

Principal Guardianship Folder (PGF), 

veterans’ files, and correspondence files 

are maintained on paper documents in 

case folders and/or in the Fiduciary 

Beneficiary System and are stored at the 

regional offices (includes record 

information stored in the Fiduciary 

Beneficiary System), VA Central Office, 

and VA Corporate Franchise Data Center 

in Austin, Texas. Copies of nonfiduciary 

program investigations and related 

information contained in veteran’s files 

and correspondence files are maintained 

on paper documents and are stored at 

the regional offices and at VA Central 

Office. 

Records (or information contained in 

records) are also maintained in 

electronic file folders (e.g., Virtual VA), 

and on automated storage media (e.g., 

microfilm, microfiche, magnetic tape 

and disks). Such information may be 

accessed through data 

telecommunication terminal systems 

designated the Benefits Delivery 

Network (BDN), Virtual VA and 

Veterans Service Network (VETSNET). 

BDN, Virtual VA and VETSNET 

terminal locations include VA Central 

Office, regional offices, VA health care 

facilities, Veterans Integrated Service 

Network (VISN) offices, Department of 

Defense Finance and Accounting 

Service Centers and the U.S. Coast 

Guard Pay and Personnel Center. 

Remote on-line access is also made 

available to authorized remote sites, 

representatives of claimants and to 

attorneys of record for claimants. A VA 

claimant must execute a prior written 

consent or a power of attorney 

authorizing access to his or her claims 

records before VA will allow the 

representative or attorney to have access 

to the claimant’s automated claims 

records. Access by representatives and 


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attorneys of record is to be used solely 

for the purpose of assisting an 

individual claimant whose records are 

accessed in a claim for benefits 

administered by VA. Information 

relating to receivable accounts owed to 

VA, designated the Centralized 

Accounts Receivable System (CARS), is 

maintained on magnetic tape, 

microfiche and microfilm. CARS is 

accessed through a data 

telecommunications terminal system at 

St. Paul, Minnesota. 

RETRIEVABILITY: 

Paper documents and automated 

storage media are indexed and 

retrievable by name and file number of 

VA beneficiary or other individual. 

SAFEGUARDS: 

1. The individual case folder and 

computer lists are generally kept in 

secured steel cabinets when not in use. 

The cabinets are located in areas, which 

are locked after work hours. Access to 

these records is restricted to authorized 

VA personnel on a ‘‘need to know’’ basis. 

Magnetic tapes and disks, when not in 

use, are maintained under lock and key 

in areas accessed by authorized VA 

personnel on a ‘‘need to know’’ basis. 

2. Access to the computer rooms 

within the regional office is generally 

limited by appropriate locking devices 

and restricted to authorized VA 

employees and vendor personnel. 

Automated Data Processing (ADP) 

peripheral devices are generally placed 

in secure areas (areas that are locked or 

have limited access) or are otherwise 

protected. Information in the Fiduciary 

Beneficiary System may be accessed by 

authorized VA employees. Access to file 

information is controlled at two levels; 

the system recognizes authorized 

employees by a series of individually 

unique passwords/codes and the 

employees are limited to only the 

information in the file, which is needed 

in the performance of their official 

duties. 

3. Access to the VA data processing 

center is generally restricted to center 

employees, custodial personnel, Federal 

Protective Service, and other security 

personnel. Access to the computer 

rooms is restricted to authorized 

operational personnel through 

electronic locking devices. All other 

persons gaining access to the computer 

rooms are escorted. 

4. Access to records in VA Central 

Office is only authorized to VA 

personnel on a ‘‘need to know’’ basis. 

Records are maintained in manned 

rooms during working hours. During 

non-working hours, there is limited 

access to the building with visitor 

control by security personnel. 

RETENTION AND DISPOSAL: 

Paper documents and computer lists 

are destroyed between 60 days after 

receipt to 2 years after VA supervision 

has ceased, depending on the type of 

record or document. Correspondence 

files are destroyed after 1 year, veteran 

files after 2 years, PGFs 2 years after the 

case becomes inactive. Investigations 

data and information obtained from SSA 

is destroyed according to the time 

standards established in the two 

preceding sentences. Information 

contained in the Fiduciary Beneficiary 

System is automatically purged two 

years after the case becomes inactive. A 

record is determined inactive when it 

comes under the provision of M21– 

1MR, Part XI, Chapter 4, Section A.2.f. 

SYSTEM MANAGER(S) AND ADDRESS: 

Director, Compensation and Pension 

Service (21), VA Central Office, 

Washington, DC 20420. 

NOTIFICATION PROCEDURE: 

Any individual who wishes to 

determine whether a record is being 

maintained in this system under his or 

her name or other personal identifier, or 

wants to determine the content of such 

records should submit a written request 

or apply in person to the nearest VA 

regional office or center. Addresses for 

VA regional offices and centers may be 

found in VA Appendix 1. All inquiries 

must reasonably identify the type of 

records involved, e.g., guardianship file. 

Inquiries should include the 

individual’s full name, VA file number 

and return address. If a VA file number 

is not available, then as much of the 

following information as possible 

should be forwarded: Full name, branch 

of service, dates of service, service 

numbers, Social Security Number, and 

date of birth. 

RECORD ACCESS PROCEDURES: 

Individuals seeking information 

regarding access to or contesting VA 

records in this system may write, call or 

visit the nearest VA regional office or 

center. 

CONTESTING RECORD PROCEDURES: 

See records access procedures above. 

RECORD SOURCE CATEGORIES: 

VA beneficiary, VA beneficiary’s 

dependents, VA-supervised fiduciaries, 

field examiners, estate analysts, third 

parties, other Federal, State, and local 

agencies, and VA records. 

[FR Doc. 2011–6024 Filed 3–14–11; 8:45 am] 

BILLING CODE P 


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