Home > 1997 Privacy Act Documents > Privacy Act: [ 46VA00] Veterans, Beneficiaries and Attorneys United States Government Insurance Award Records-VA....

Privacy Act: [ 46VA00] Veterans, Beneficiaries and Attorneys United States Government Insurance Award Records-VA....


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[2001 Privacy Act]
[From the U.S. Government Printing Office via GPO Access]




   #.. 36VA00

   #....System name: Veterans and Armed Forces Personnel United States 
      Government Life Insurance Records-VA.

     System location: 
       Active records are located at the VA Regional Office and 
   Insurance Centers in Philadelphia, Pennsylvania, and St. Paul, 
   Minnesota. Inactive records are stored at various servicing Federal 
   Archives and Records Centers and at the VA Records Processing Center 
   in St. Louis, Missouri. Information from these files is also 
   maintained in automated files at the VA Benefit Delivery Center in 
   Philadelphia, Pennsylvania. Information from the automated files in 
   Philadelphia is available to all VA Regional Offices, except Manila, 
   Philippines, through the ITS (Insurance Terminal System) which 
   provides direct access to the records via video display terminals. 
   Duplicate copies of certain manual and automated files are maintained 
   at other locations in accordance with Federal and VA policy on 
   security and vital records. Address locations of VA facilities are 
   listed in VA Appendix 1 at the end of this document.
     Categories of individuals covered by the system: 
       Veterans (not including dependents) who have been issued life 
   insurance under one of the following: Title 38, United States Code, 
   Chapter 19, Government Life Insurance programs; U.S. Government Life 
   Insurance and National Service Life Insurance (includes Reopened 
   Insurance under section 725, Service Disabled Veterans Insurance 
   under section 722, and Veterans Special Life Insurance under section 
   723).
     Categories of records in the system: 
       Life insurance records (or information contained in records) may 
   include: (1) Applications for insurance (applications may contain the 
   name and address of the veteran applicant, date of birth, social 
   security number, military service number and dates of service, VA 
   file number, plan of insurance, disability rating, medical 
   information regarding disability, method of payment, amount of 
   insurance requested); (2) beneficiary and option designation 
   information (e.g., names and addresses of principal and contingent 
   beneficiaries, share to each and option of payment, designated 
   estates and trustee); (3) insurance contract information (e.g., 
   authorization of allotment payment, authorization for deduction from 
   VA benefit payments; authorization for deduction from employee 
   payroll; paid dividend information); (4) cash value and policy loan 
   and lien information; (5) a listing of lapsed actions; (6) records of 
   premium payments; (7) reinstatement information; (8) premium status 
   and retired status of policy; (9) total disability life insurance 
   applications (these applications include medical history of insured); 
   (10) court-martial orders; (11) copies of personal papers of insured 
   (e.g., birth certificate, marriage license, naturalization papers); 
   (12) correspondence to and from the veteran; and (13) employment 
   information.
     Authority for maintenance of the system: 
       Title 38, United States Code, Chapter 5, section 501, and Chapter 
   19.
     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 request of that individual.
       2. Any information in this system may be disclosed to a Federal 
   agency, upon its official request, to the extent that it is relevant 
   and necessary to that agency's decision regarding: The hiring, 
   retention or transfer of an employee; the issuance of a security 
   clearance, the letting of a contract, or the issuance or continuance 
   of a license, grant or other benefit given by that agency. However, 
   in accordance with an agreement with the U.S. Postal Service, 
   disclosures to the U.S. Postal Service for decisions concerning the 
   employment of veterans will only be made with the veteran's prior 
   written consent.
       3. Any information in this system may be disclosed to a State or 
   local agency, upon its official request, to the extent that it is 
   relevant and necessary to that agency's decision on: The hiring, 
   transfer or retention of an employee, the issuance of a security 
   clearance, the letting of a contract, or the issuance or continuance 
   of a license, grant or other benefit by that agency; provided, that 
   if the information pertains to a veteran, the name and/or address of 
   the veteran will not be disclosed unless the name and address is 
   provided first by the requesting State or local agency.
       4. Any information in this system may be disclosed to a Federal, 
   State or local agency maintaining civil or criminal violation 
   records, or other pertinent information such as prior employment 
   history, prior Federal employment background investigations, and 
   personal or educational background at the request of the veteran in 
   order for the VA to obtain information relevant to the hiring, 
   transfer or retention of an employee, the letting of a contract, the 
   granting of a security clearance, or the issuance of a grant or other 
   benefit.
       5. Any information in this system may be disclosed to a Federal 
   agency, except for the name and address of a veteran, in order for 
   the VA to obtain information relevant to the issuance of a benefit 
   under title 38 U.S.C. The name and address of a veteran may be 
   disclosed to a Federal agency under this routine use if they are 
   required by the Federal agency to respond to the VA inquiry.
       6. Any information in this system, except for the name and 
   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, State, local 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 issued pursuant thereto.
       7. The name and 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.
       8. The name and 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 other 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 address be provided for a purpose authorized by 
   law.
       9. Except for beneficiary and option designations, any 
   information in this system including the name and 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 (such disclosures include 
   computerized lists of names and addresses).
       10. Except for medical information and beneficiary and option 
   designations, insurance contract information (e.g., name, address, 
   status of the account, dividends paid, cash value, and policy loans) 
   may be disclosed at the request of a veteran to an attorney acting 
   under a declaration of representation, a VA-approved claims agent, an 
   insurance agency, a trust officer, or to employees or members of an 
   accredited service organization, or the to Red Cross so that these 
   individuals or organizations can aid veterans in the preparation, 
   presentation, prosecution of claims under the laws administered by 
   the VA. The name and address of a veteran will not, however, be 
   disclosed to these individuals under this routine use if the veteran 
   has requested the assistance of an accredited service organization, 
   claims agent, trust officer, the Red Cross or an attorney.
       11. The name and address of an insured veteran and the amount of 
   payment may be disclosed to the Treasury Department, upon its 
   official request, in order for the Treasury Department to make 
   payment of dividends, policy loans, cash surrenders, maturing 
   endowments and insurance refunds.
       12. The name and address of an insured veteran, date and amount 
   of payments made to the VA including specific status of each policy 
   (e.g., premiums paid in, dividends paid out, cash and loan values) 
   may be disclosed to the Internal Revenue Service (IRS), upon its 
   official request, in order for the IRS to collect tax liens by 
   withholding insurance payments to satisfy unpaid taxes. This purpose 
   is consistent with title 26, United States Code, section 7602.
       13. Any information in this system may be disclosed to the 
   Department of Justice, upon its official request, in defense or 
   prosecution of litigation involving the United States Government.
       14. The name and address of an insured veteran, the discharge 
   date from the military, and medical information concerning grounds 
   for total disability of an insured veteran may be disclosed to the 
   Office of Serviceman's Group Life Insurance (OSGLI) at the request of 
   the veteran in order to aid OSGLI in the verification of a discharge 
   date, the issuance and maintenance of insurance policies to veterans 
   and retired reservists participating in the Veterans Group Life 
   Insurance and Serviceman's Group Life Insurance Program and to pay 
   death benefits on these claims.
       15. The name, address and other identifying information such as a 
   social security number or a military service number may be disclosed 
   to the Department of Defense (Army, Air Force, Navy, Marine Corps); 
   the Department of Transportation (Coast Guard); the U.S. Public 
   Health Service, Commissioned Officers Corps; and the Department of 
   Commerce, NOAA (National Oceanic and Atmospheric Administration); 
   upon their official request, for use in order for these departments 
   to establish and maintain allotments from active and retired service 
   pay for VA insurance premiums and loan repayments.
       16. The face amount and cash and/or loan value of an insurance 
   policy, verification of an existing insurance policy, and the name 
   and address of an insured veteran may be disclosed at the request of 
   the veteran to a Federal, State or local agency, in order for these 
   agencies to assist veterans applying for Medicaid, Medicare, nursing 
   home admittance or welfare benefits to the extent that the 
   information is relevant and necessary to the agency's decision 
   regarding these benefits.
       17. The name and address of a veteran and military service 
   information (e.g., dates of service, branch of service) may be 
   disclosed to the Armed Forces Institute of Pathology (AFIP), upon its 
   official request, in order for the AFIP to conduct research for 
   specified official purposes.
       18. The name(s) and address(es) of a veteran may be disclosed to 
   another Federal agency or to a contractor of that agency, at the 
   written request of the head of that agency or designee of the head of 
   that agency for the purpose of conducting government research 
   necessary to accomplish a statutory purpose of that agency.
       19. Any information in this system including the nature and 
   amount of a financial obligation, may be disclosed to a debtor's 
   employing agency or commanding officer, upon its official request, in 
   order to assist the VA in the collection of unpaid financial 
   obligations owed the VA so that the debtor-employee may be counseled 
   by his or her Federal employer or commanding officer. This purpose is 
   consistent with 5 U.S.C. 5514, 4 CFR 102.5, and section 206 of 
   Executive Order 11222 of May 8, 1965 (30 FR 6469).
       20. Any information in this system, including available 
   identifying data regarding the debtor, such as the name of the 
   debtor, last known address of the debtor, name of the debtor's 
   spouse, social security account number of the debtor, VA insurance 
   number, VA loan number, VA file number, place of birth and date of 
   birth of the debtor, name and address of the debtor's employer or 
   firm and dates of employment, may be disclosed to other Federal 
   agencies, State probate courts, State drivers license bureaus, and 
   State automobile title and license bureaus in order to obtain current 
   address, locator and credit report assistance in the collection of 
   unpaid financial obligations owed the United States. This purpose is 
   consistent with the Federal Claims Collection Act of 1966 (Pub. L. 
   89-508, 31 United States Codes 3701-3718) and 4 CFR parts 101-105 and 
   with 38 U.S.C. 3701(b)(6).
       21. Any information concerning the veteran's indebtedness to the 
   United States by virtue of a person's participation in a benefits 
   program administered by the VA, including personal information 
   obtained from other Federal agencies through computer matching 
   programs, may be disclosed to any third party, except consumer 
   reporting agencies, in connection with any proceeding for the 
   collection of an amount owed to the United States by virtue of a 
   person's participation in any benefit program administered by the VA. 
   Purposes of these disclosures may be to (a) assist VA in collection 
   of title 38 benefit overpayments, overdue indebtedness, and or costs 
   of services provided individuals not entitled to such services, and 
   (b) initiate legal actions for prosecuting individuals who willfully 
   or fraudulently obtain title 38 benefits without entitlement. This 
   disclosure is consistent with 38 U.S.C. 3701(b)(6).
       22. The name and address of a veteran, other information as is 
   reasonably necessary to identify such veteran, including personal 
   information obtained from other Federal agencies through computer 
   matching programs, and any information concerning the veteran's 
   indebtedness to the United States by virtue of the person's 
   participation in a benefits program administered by VA may be 
   disclosed to a consumer reporting agency for purposes of assisting in 
   the collection of such indebtedness, provided that the provisions of 
   38 U.S.C. 3701(g)(4) have been met.
       23. Any information in this system such as notice of renewal, 
   reinstatement, premium due, lapse actions, miscellaneous insurance 
   instructions, disposition of dividends, policy loans and transfer of 
   records may be disclosed to VA Federal fiduciaries of incompetent 
   veterans in order to advise the fiduciaries of current actions to be 
   taken in connection with ownership of U.S. Government life insurance 
   policies and to enable them to properly perform their duties as 
   fiduciaries.
       24. Any information in this system may be disclosed to a Federal 
   grand jury, a Federal court or a party in litigation, or a Federal 
   agency or party to an administrative proceeding being conducted by a 
   Federal agency, in order for the VA to respond to and comply with the 
   issuance of a Federal subpoena.
       25. Any information in this system may be disclosed to a State or 
   municipal grand jury, a State or municipal court or a party in 
   litigation, or to a State or municipal administrative agency 
   functioning in a quasi-judicial capacity or a party to a proceeding 
   being conducted by such agency, in order for the VA to respond to and 
   comply with the issuance of a State or municipal subpoena; provided, 
   that any disclosure of claimant information made under this routine 
   use must comply with the provisions of 38 CFR 1.511.
       26. Identifying information, except for the name and address of a 
   veteran, may be disclosed to a Federal, State, County or Municipal 
   agency for the purpose of conducting computer matches to obtain 
   information to validate the entitlement of a veteran who is receiving 
   or has received veterans insurance benefits under Title 38, United 
   States Code. The name and address of a veteran may also be disclosed 
   to a Federal agency under this routine use if they are required by 
   the Federal agency to respond to the VA inquiry.
     Policies and practices for storing, retrieving, accessing, 
   retaining, and disposing of records in the system: 
     Storage: 
       Records are stored on magnetic tape, microfilm, microfiche, 
   disks, and paper documents including computer lists and punched 
   cards.
     Retrievability: 
       All manual and automated insurance records are retrievable by the 
   insurance file number, using name, social security number, VA file 
   number, and date of birth as additional identifying information.
     Safeguards: 
       1. Physical security. a. All VA facilities are protected by the 
   Federal Protective Service or other security personnel. All file 
   areas are restricted to authorized personnel on a need-to-know basis. 
   Areas containing paper records are protected by a sprinkler system. 
   Paper records pertaining to employees and public figures, or 
   otherwise sensitive files, are stored in locked files. Microfilm 
   records are stored in a locked, fireproof, humidity-controlled vault. 
   Automated records which are not in use at the Benefit Delivery Center 
   are stored in secured, locked vault areas.
       b. Access to VA Benefits Delivery Center is restricted to Center 
   employees, custodial personnel, and Federal Protective Service or 
   other security personnel. Access to computer rooms is restricted to 
   authorized operational personnel through electronic locking devices. 
   All other persons gaining access to computer rooms are escorted by an 
   individual with authorized access.
       c. At Regional Offices and at Regional Office and Insurance 

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