38 CFR 1 - GENERAL PROVISIONS
- — Department of Veterans Affairs Official Seal and Distinguishing Flag
- § 1.9 — Description, use, and display of VA seal and flag.
- — The United States Flag for Burial Purposes
- § 1.10 — Eligibility for and disposition of the United States flag for burial purposes.
- — Quarters for Department of Veterans Affairs Employees Overseas
- § 1.11 — Quarters for Department of Veterans Affairs employees in Government-owned or -rented buildings overseas.
- — Program Evaluation
- § 1.15 — Standards for program evaluation.
- § 1.17 — Evaluation of studies relating to health effects of radiation exposure.
- § 1.18 — Guidelines for establishing presumptions of service connection for former prisoners of war.
- — Referrals of Information Regarding Criminal Violations
- § 1.200 — Purpose.
- § 1.201 — Employee's duty to report.
- § 1.203 — Information to be reported to VA Police.
- § 1.204 — Information to be reported to the Office of Inspector General.
- § 1.205 — Notification to the Attorney General or United States Attorney's Office.
- — Security and Law Enforcement at Department of Veterans Affairs Facilities
- § 1.218 — Security and law enforcement at VA facilities.
- — Parking Fees at VA Medical Facilities
- § 1.300 — Purpose.
- § 1.301 — Definitions.
- § 1.302 — Applicability and scope.
- § 1.303 — Policy.
- § 1.460 — Definitions.
- § 1.461 — Applicability.
- § 1.462 — Confidentiality restrictions.
- § 1.463 — Criminal penalty for violations.
- § 1.464 — Minor patients.
- § 1.465 — Incompetent and deceased patients.
- § 1.466 — Security for records.
- § 1.467 — Restrictions on the use of identification cards and public signs.
- § 1.468 — Relationship to Federal statutes protecting research subjects against compulsory disclosure of their identity.
- § 1.469 — Patient access and restrictions on use.
- §§ 1.470-1.474 — [Reserved]
- — Disclosures With Patient's Consent
- § 1.475 — Form of written consent.
- § 1.476 — Prohibition on redisclosure.
- § 1.477 — Disclosures permitted with written consent.
- § 1.478 — Disclosures to prevent multiple enrollments in detoxification and maintenance treatment programs; not applicable to records relating to sickle cell anemia or infection with the human immunodeficiency virus.
- § 1.479 — Disclosures to elements of the criminal justice system which have referred patients.
- §§ 1.480-1.483 — [Reserved]
- — Disclosures Without Patient Consent
- § 1.484 — Disclosure of medical information to the surrogate of a patient who lacks decision-making capacity.
- § 1.485 — Medical emergencies.
- § 1.485a — Eye, organ and tissue donation.
- § 1.486 — Disclosure of information related to infection with the human immunodeficiency virus to public health authorities.
- § 1.487 — Disclosure of information related to infection with the human immunodeficiency virus to the spouse or sexual partner of the patient.
- § 1.488 — Research activities.
- § 1.489 — Audit and evaluation activities.
- — Court Orders Authorizing Disclosures and Use
- § 1.490 — Legal effect of order.
- § 1.491 — Confidential communications.
- § 1.492 — Order not applicable to records disclosed without consent to researchers, auditors and evaluators.
- § 1.493 — Procedures and criteria for orders authorizing disclosures for noncriminal purposes.
- § 1.494 — Procedures and criteria for orders authorizing disclosure and use of records to criminally investigate or prosecute patients.
- § 1.495 — Procedures and criteria for orders authorizing disclosure and use of records to investigate or prosecute VA or employees of VA.
- § 1.496 — Orders authorizing the use of undercover agents and informants to criminally investigate employees or agents of VA.
- §§ 1.497-1.499 — [Reserved]
- § 1.500 — General.
- § 1.501 — Release of information by the Secretary.
- § 1.502 — Disclosure of the amount of monetary benefits.
- § 1.503 — Disclosure of information to a veteran or his or her duly authorized representative as to matters concerning the veteran alone.
- § 1.504 — Disclosure of information to a widow, child, or other claimant.
- § 1.505 — Genealogy.
- § 1.506 — Disclosure of records to Federal Government departments, State unemployment compensation agencies, and the Office of Servicemembers' Group Life Insurance.
- § 1.507 — Disclosures to members of Congress.
- § 1.508 — Disclosure in cases where claimants are charged with or convicted of criminal offenses.
- § 1.509 — Disclosure to courts in proceedings in the nature of an inquest.
- § 1.510 — Disclosure to insurance companies cooperating with the Department of Justice in the defense of insurance suits against the United States.
- § 1.511 — Disclosure of claimant records in connection with judicial proceedings generally.
- § 1.512 — Disclosure of loan guaranty information.
- § 1.513 — Disclosure of information contained in Armed Forces service and related medical records in Department of Veterans Affairs custody.
- § 1.514 — Disclosure to private physicians and hospitals other than Department of Veterans Affairs.
- § 1.514a — Disclosure to private psychologists.
- § 1.514b — Disclosures to procurement organizations.
- § 1.515 — To commanding officers of State soldiers' homes.
- § 1.516 — Disclosure of information to undertaker concerning burial of a deceased veteran.
- § 1.517 — Disclosure of vocational rehabilitation and education information to educational institutions cooperating with the Department of Veterans Affairs.
- § 1.518 — Addresses of claimants.
- § 1.519 — Lists of names and addresses.
- § 1.520 — Confidentiality of social data.
- § 1.521 — Special restrictions concerning social security records.
- § 1.522 — Determination of the question as to whether disclosure will be prejudicial to the mental or physical health of claimant.
- § 1.523 — [Reserved]
- § 1.524 — Persons authorized to represent claimants.
- § 1.525 — Inspection of records by or disclosure of information to recognized representatives of organizations and recognized attorneys.
- § 1.526 — Copies of records and papers.
- § 1.527 — Administrative review.
- § 1.550 — General.
- § 1.551 — [Reserved]
- § 1.552 — Public access to information that affects the public when not published in the Federal Register as constructive notice.
- § 1.553 — Public access to other reasonably described records.
- § 1.553a — Time limits for Department of Veterans Affairs response to requests for records.
- § 1.554 — Exemptions from public access to agency records.
- § 1.554a — Predisclosure notification procedures for confidential commercial information.
- § 1.555 — Fees.
- § 1.556 — Requests for other reasonably described records.
- § 1.557 — Administrative review.
- §§ 1.558-1.559 — [Reserved]
- § 1.575 — Social security numbers in veterans' benefits matters.
- § 1.576 — General policies, conditions of disclosure, accounting of certain disclosures, and definitions.
- § 1.577 — Access to records.
- § 1.578 — [Reserved]
- § 1.579 — Amendment of records.
- § 1.580 — Administrative review.
- § 1.581 — [Reserved]
- § 1.582 — Exemptions.
- §§ 1.583-1.584 — [Reserved]
- — Expanded Remote Access to Computerized Veterans Claims Records by Accredited Representatives
- § 1.600 — Purpose.
- § 1.601 — Qualifications for access.
- § 1.602 — Utilization of access.
- § 1.603 — Disqualification.
- — Inventions by Employees of Department of Veterans Affairs
- § 1.650 — Purpose.
- § 1.651 — Definitions.
- § 1.652 — Criteria for determining rights to employee inventions.
- § 1.653 — Delegation of authority.
- § 1.654 — Patenting of inventions.
- § 1.655 — Government license in invention of employee.
- § 1.656 — Information to be submitted by inventor.
- § 1.657 — Determination of rights.
- § 1.658 — Right of appeal.
- § 1.659 — Relationship to incentive awards program.
- § 1.660 — Expeditious handling.
- § 1.661 — Information to be kept confidential.
- § 1.662 — Provisions of regulations made a condition of employment.
- § 1.663 — Licensing of Government-owned inventions.
- §§ 1.664-1.666 — [Reserved]
- — Administrative Control of Funds
- § 1.670 — Purpose.
- § 1.671 — Definitions.
- § 1.672 — Responsibilities.
- § 1.673 — Responsibility for violations of the administrative subdivision of funds.
- — Use of Official Mail in the Location and Recovery of Missing Children
- § 1.700 — Purpose.
- § 1.701 — Contact person for missing children official mail program.
- § 1.702 — Policy.
- § 1.703 — Percentage estimate.
- § 1.704 — [Reserved]
- § 1.705 — Restrictions on use of missing children information.
- — Homeless Claimants
- § 1.710 — Homeless claimants: Delivery of benefit payments and correspondence.
- §§ 1.780-1.783 — [Reserved]
- — Part-Time Career Employment Program
- § 1.891 — Purpose of program.
- § 1.892 — Review of positions.
- § 1.893 — Establishing and converting part-time positions.
- § 1.894 — Annual goals and timetables.
- § 1.895 — Review and evaluation.
- § 1.896 — Publicizing vacancies.
- § 1.897 — Exceptions.
- — Standards for Collection, Compromise, Suspension or Termination of Collection Effort, and Referral of Civil Claims for Money or Property
- § 1.900 — Prescription of standards.
- § 1.901 — No private rights created.
- § 1.902 — Antitrust, fraud, and tax and interagency claims.
- § 1.903 — Settlement, waiver, or compromise under other statutory or regulatory authority.
- § 1.904 — Form of payment.
- § 1.905 — Subdivision of claims not authorized.
- § 1.906 — Required administrative proceedings.
- § 1.907 — Definitions.
- — Standards for Collection of Claims
- § 1.910 — Aggressive collection action.
- § 1.911 — Collection of debts owed by reason of participation in a benefits program.
- § 1.911a — Collection of non-benefit debts.
- § 1.912 — Collection by offset.
- § 1.912a — Collection by offset—from VA benefit payments.
- § 1.913 — Liquidation of collateral.
- § 1.914 — Collection in installments.
- § 1.915 — Interest, administrative costs, and penalties.
- § 1.916 — Disclosure of debt information to consumer reporting agencies (CRA).
- § 1.917 — Contracting for collection services.
- § 1.918 — Use and disclosure of mailing addresses.
- § 1.919 — Administrative offset against amounts payable from Civil Service Retirement and Disability Fund, Federal Employees Retirement System (FERS), final salary check, and lump sum leave payments.
- § 1.920 — Referral of VA debts.
- § 1.921 — Analysis of costs.
- § 1.922 — Exemptions.
- § 1.923 — Administrative wage garnishment.
- § 1.924 — Suspension or revocation of eligibility for federal loans, loan insurance, loan guarantees, licenses, permits, or privileges.
- § 1.929 — Reduction of debt through performance of work-study services.
- — Standards for Compromise of Claims
- § 1.930 — Scope and application.
- § 1.931 — Bases for compromise.
- § 1.932 — Enforcement policy.
- § 1.933 — Joint and several liability.
- § 1.934 — Further review of compromise offers.
- § 1.935 — Consideration of tax consequences to the Government.
- § 1.936 — Mutual releases of the debtor and VA.
- — Standards for Suspending or Terminating Collection Action
- § 1.940 — Scope and application.
- § 1.941 — Suspension of collection activity.
- § 1.942 — Termination of collection activity.
- § 1.943 — Exception to termination.
- § 1.944 — Discharge of indebtedness; reporting requirements.
- § 1.945 — Authority to suspend or terminate collection action on certain benefit indebtedness; authority for refunds.
- — Referrals to GAO, Department of Justice, or IRS
- § 1.950 — Prompt referral.
- § 1.951 — Claims Collection Litigation Report (CCLR).
- § 1.952 — Preservation of evidence.
- § 1.953 — Minimum amount of referrals to the Department of Justice.
- § 1.955 — Regional office Committees on Waivers and Compromises.
- § 1.956 — Jurisdiction.
- § 1.957 — Committee authority.
- § 1.958 — Finality of decisions.
- § 1.959 — Records and certificates.
- § 1.960 — Legal and technical assistance.
- § 1.961 — Releases.
- § 1.962 — Waiver of overpayments.
- § 1.963 — Waiver; other than loan guaranty.
- § 1.963a — Waiver; erroneous payments of pay and allowances.
- § 1.964 — Waiver; loan guaranty.
- § 1.965 — Application of standard.
- § 1.966 — Scope of waiver decisions.
- § 1.967 — Refunds.
- § 1.968 — [Reserved]
- § 1.969 — Revision of waiver decisions.
- § 1.970 — Standards for compromise.
- — Salary Offset Provisions
- § 1.980 — Scope.
- § 1.981 — Definitions.
- § 1.982 — Salary offsets of debts involving benefits under the laws administered by VA.
- § 1.983 — Notice requirements before salary offsets of debts not involving benefits under the laws administered by VA.
- § 1.984 — Request for a hearing.
- § 1.985 — Form, notice of, and conduct of hearing.
- § 1.986 — Result if employee fails to meet deadlines.
- § 1.987 — Review by the hearing official or administrative law judge.
- § 1.988 — Written decision following a hearing requested under § 1.984.
- § 1.989 — Review of VA records related to the debt.
- § 1.990 — Written agreement to repay debt as alternative to salary offset.
- § 1.991 — Procedures for salary offset: when deductions may begin.
- § 1.992 — Procedures for salary offset.
- § 1.993 — Non-waiver of rights.
- § 1.995 — Requesting recovery through centralized administrative offset.
- — Procedures for Financial Institutions Regarding Garnishment of Benefit Payments After Disbursement
- § 1.1000 — Garnishment of payments after disbursement.
Title 38 published on 2011-07-01
The following are only the Rules published in the Federal Register after the published date of Title 38.
For a complete list of all Rules, Proposed Rules, and Notices view the Rulemaking tab.
GPO FDSys XML | Text type regulations.gov FR Doc. 2011-27155 RIN 2900-AN95 DEPARTMENT OF VETERANS AFFAIRS Interim final rule. Effective Date: This interim final rule is effective October 20, 2011. Comments must be received by VA on or before December 19, 2011. 38 CFR Part 1 This document amends the Department of Veterans Affairs (VA) regulation pertaining to the applicability of certain VA regulations that restrict the disclosure of certain medical information to the Department of Defense (DoD). This interim final rule removes a restriction that is not required by the applicable statute, 38 U.S.C. 7332(e), and is inconsistent with the intent and purpose of that statute.
GPO FDSys XML | Text type regulations.gov FR Doc. 2011-20774 RIN 2009-AN72 DEPARTMENT OF VETERANS AFFAIRS Final rule. Effective Date: This final rule is effective September 19, 2011. 38 CFR Parts 1 and 2 This document amends the Department of Veterans Affairs (VA) regulations governing the submission and processing of requests for information under the Freedom of Information Act (FOIA) in order to implement provisions of the OPEN Government Act of 2007, and to reorganize and clarify existing regulations.
This is a list of United States Code sections, Statutes at Large, Public Laws, and Presidential Documents, which provide rulemaking authority for this CFR Part.
This list is taken from the Parallel Table of Authorities and Rules provided by GPO [Government Printing Office].
It is not guaranteed to be accurate or up-to-date, though we do refresh the database weekly. More limitations on accuracy are described at the GPO site.
31 USC 3711 - Collection and compromise
31 USC 3712 - Time limitations for presenting certain claims of the Government
31 USC 3713 - Priority of Government claims
31 USC 3714 - Keeping money due States in default
31 USC 3715 - Buying real property of a debtor
31 USC 3716 - Administrative offset
31 USC 3717 - Interest and penalty on claims
31 USC 3718 - Contracts for collection services
31 USC 3719 - Reports on debt collection activities
38 USC 501 - Rules and regulations
39 USC 3220 - Use of official mail in the location and recovery of missing children
Executive Order ... 10096
Executive Order ... 9865
The following are ALL rules, proposed rules, and notices (chronologically) published in the Federal Register relating to 38 CFR 1
GPO FDSys XML | Text type regulations.gov FR Doc. 2012-5279 RIN 2900-AN42 DEPARTMENT OF VETERANS AFFAIRS Final rule. Effective Date: This final rule is effective April 4, 2012. 38 CFR Part 1 This final rule amends the Department of Veterans Affairs (VA) regulations regarding access to VA facilities by pharmaceutical company representatives. The purposes of the rule are to reduce or eliminate any potential for disruption in the patient care environment, manage activities and promotions at VA facilities, and provide pharmaceutical company representatives with a consistent standard of permissible business practice at VA facilities. The amendments will facilitate mutually beneficial relationships between VA and pharmaceutical company representatives.
GPO FDSys XML | Text type regulations.gov FR Doc. 2011-27155 RIN 2900-AN95 DEPARTMENT OF VETERANS AFFAIRS Interim final rule. Effective Date: This interim final rule is effective October 20, 2011. Comments must be received by VA on or before December 19, 2011. 38 CFR Part 1 This document amends the Department of Veterans Affairs (VA) regulation pertaining to the applicability of certain VA regulations that restrict the disclosure of certain medical information to the Department of Defense (DoD). This interim final rule removes a restriction that is not required by the applicable statute, 38 U.S.C. 7332(e), and is inconsistent with the intent and purpose of that statute.
GPO FDSys XML | Text type regulations.gov FR Doc. 2011-20774 RIN 2009-AN72 DEPARTMENT OF VETERANS AFFAIRS Final rule. Effective Date: This final rule is effective September 19, 2011. 38 CFR Parts 1 and 2 This document amends the Department of Veterans Affairs (VA) regulations governing the submission and processing of requests for information under the Freedom of Information Act (FOIA) in order to implement provisions of the OPEN Government Act of 2007, and to reorganize and clarify existing regulations.
GPO FDSys XML | Text type regulations.gov FR Doc. 2011-3782 RIN 3206-AM17 SOCIAL SECURITY ADMINISTRATION, DEPARTMENT OF THE TREASURY, DEPARTMENT OF VETERANS AFFAIRS, OFFICE OF PERSONNEL MANAGEMENT, RAILROAD RETIREMENT BOARD, Fiscal Service Interim final rule with request for public comment. This interim final rule is effective May 1, 2011. Comments must be received on or before May 24, 2011. 5 CFR Part 831, 841 Treasury, SSA, VA, RRB and OPM (Agencies) are issuing an interim final rule to implement statutory restrictions on the garnishment of Federal benefit payments. The rule establishes procedures that financial institutions must follow when they receive a garnishment order against an account holder who receives certain types of Federal benefit payments by direct deposit. The rule requires financial institutions that receive such a garnishment order to determine the sum of such Federal benefit payments deposited to the account during a two month period, and to ensure that the account holder has access to an amount equal to that sum or to the current balance of the account, whichever is lower.
GPO FDSys XML | Text type regulations.gov FR Doc. 2011-2750 RIN 2900-AN88 DEPARTMENT OF VETERANS AFFAIRS Final rule. Effective Date: February 8, 2011. 38 CFR Part 1 This document amends Department of Veterans Affairs (VA) regulations to reflect changes made by section 504 of the Caregivers and Veterans Omnibus Health Services Act of 2010. Section 504 authorizes a VA practitioner, when the practitioner deems it necessary to ensure an informed medical decision, to share certain, otherwise protected medical information with the representative of a patient who lacks decision-making capacity. This rulemaking amends VA regulations consistent with this new authority.



