38 CFR Part 1 - PART 1—GENERAL PROVISIONS
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Department of Veterans Affairs Official Seal and Distinguishing Flag (§ 1.9)
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The United States Flag for Burial Purposes (§ 1.10)
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Quarters for Department of Veterans Affairs Employees Overseas (§ 1.11)
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Referrals of Information Regarding Criminal Violations (§§ 1.200 - 1.205)
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Security and Law Enforcement at Department of Veterans Affairs Facilities (§§ 1.218 - 1.220)
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Parking Fees at VA Medical Facilities (§§ 1.300 - 1.303)
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Release of Information From Department of Veterans Affairs (VA) Records Relating to Drug Abuse, Alcoholism or Alcohol Abuse, Infection With the Human Immunodeficiency Virus (HIV), or Sickle Cell Anemia (§ - )
- § 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]
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Disclosures With Patient's Consent (§§ 1.475 - 1.480)
- § 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 [Reserved]
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Disclosures Without Patient Consent (§§ 1.481 - 1.489)
- § 1.481 Disclosure of medical records of veterans who receive non-VA health care.
- § 1.482 Disclosure of medical records to recover or collect reasonable charges.
- § 1.483 Disclosure of information to participate in state prescription drug monitoring programs.
- § 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.
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Court Orders Authorizing Disclosures and Use (§§ 1.490 - 1.497--1.499)
- § 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]
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Release of Information From Department of Veterans Affairs Claimant Records (§ - )
- § 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 Disclosure of information to participate in state prescription drug monitoring programs.
- § 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 To commanding officers of State soldiers' homes.
- § 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.
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Procedures for Disclosure of Records Under the Freedom of Information Act (§§ 1.550 - 1.562)
- § 1.550 Purpose.
- § 1.551 Definitions.
- § 1.552 General provisions.
- § 1.553 Public reading rooms and discretionary disclosures.
- § 1.554 Requirements for making requests.
- § 1.555 Responsibility for responding to requests.
- § 1.556 Timing of responses to requests.
- § 1.557 Responses to requests.
- § 1.558 Business information.
- § 1.559 Appeals.
- § 1.560 Maintenance and preservation of records.
- § 1.561 Fees.
- § 1.562 Other rights and services.
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Safeguarding Personal Information in Department of Veterans Affairs Records (§ - )
- § 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]
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Inventions by Employees of Department of Veterans Affairs (§ - )
Authority: Sections 1.650 to 1.666 issued under sect. 1, 66 Stat. 811, 72 Stat. 1114; 35 U.S.C. 266; 15 U.S.C. 3710a; 38 U.S.C. 501; E.O. 10096, E.O. 10930, 15 FR 389; 3 CFR 1949–1953 Comp. -
Expanded Access to Computerized Veterans Claims Records by Accredited Representatives (§§ 1.600 - 1.603)
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Inventions by Employees of Department of Veterans Affairs (§§ 1.650 - 1.664--1.666)
- § 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]
Authority: Sections 1.650 to 1.666 issued under sect. 1, 66 Stat. 811, 72 Stat. 1114; 35 U.S.C. 266; 15 U.S.C. 3710a; 38 U.S.C. 501; E.O. 10096, E.O. 10930, 15 FR 389; 3 CFR 1949–1953 Comp. -
Administrative Control of Funds (§§ 1.670 - 1.673)
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Use of Official Mail in the Location and Recovery of Missing Children (§§ 1.700 - 1.705)
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Homeless Claimants (§§ 1.710 - 1.780--1.783)
- § 1.710 Homeless claimants: Delivery of benefit payments and correspondence.
- §§ 1.780-1.783 [Reserved]
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Part-Time Career Employment Program (§§ 1.891 - 1.897)
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Standards for Collection, Compromise, Suspension or Termination of Collection Effort, and Referral of Civil Claims for Money or Property (§§ 1.900 - 1.907)
- § 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.
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Standards for Collection of Claims (§§ 1.910 - 1.929)
- § 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.
Authority: Sections 1.900 through 1.953 are issued under the authority of 31 U.S.C. 3711 through 3720E; 38 U.S.C. 501, and as noted in specific sections. Source: 32 FR 2613, Feb. 8, 1967, unless otherwise noted. -
Standards for Compromise of Claims (§§ 1.930 - 1.936)
- § 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.
Authority: Sections 1.900 through 1.953 are issued under the authority of 31 U.S.C. 3711 through 3720E; 38 U.S.C. 501, and as noted in specific sections. Source: 32 FR 2614, Feb. 8, 1967, unless otherwise noted. -
Standards for Suspending or Terminating Collection Action (§§ 1.940 - 1.945)
- § 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.
Authority: Sections 1.900 through 1.953 are issued under the authority of 31 U.S.C. 3711 through 3720E; 38 U.S.C. 501, and as noted in specific sections. Source: 32 FR 2615, Feb. 8, 1967, unless otherwise noted. -
Referrals to GAO, Department of Justice, or IRS (§§ 1.950 - 1.970)
- § 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.
Authority: Sections 1.900 through 1.953 are issued under the authority of 31 U.S.C. 3711 through 3720E; 38 U.S.C. 501, and as noted in specific sections. Source: 52 FR 42111, 42112, Nov. 3, 1987, unless otherwise noted. -
Salary Offset Provisions (§§ 1.980 - 1.995)
- § 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.
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Procedures for Financial Institutions Regarding Garnishment of Benefit Payments After Disbursement (§ 1.1000)
Authority:
38 U.S.C. 5101, and as noted in specific sections.
Note:
Sections 1.460 through 1.499 of this part concern the confidentiality of information relating to drug abuse, alcoholism or alcohol abuse, infection with the human immunodeficiency virus, or sickle cell anemia in VA records and are applicable in combination with other regulations pertaining to the release of information from VA records. Sections 1.500 through 1.527, Title 38, Code of Federal Regulations, implement the provisions of 38 U.S.C. §§ 5701 and 5702. Sections 1.550 through 1.559 implement the provisions of 5 U.S.C. § 552 (The Freedom of Information Act). Sections 1.575 through 1.584 implement the provisions of 5 U.S.C. § 552a (The Privacy Act of 1974).
The provisions of §§ 1.460 through 1.499 of this part pertain to any program or activity, including education, treatment, rehabilitation or research, which relates to drug abuse, alcoholism or alcohol abuse, infection with the human immunodeficiency virus, or sickle cell anemia. The statutory authority for the drug abuse provisions and alcoholism or alcohol abuse provisions of §§ 1.460 through 1.499 is Sec. 111 of Pub. L. 94–581, the Veterans Omnibus Health Care Act of 1976 (38 U.S.C. §§ 7331 through 7334), the authority for the human immunodeficiency virus provisions is Sec. 121 of Pub. L. 100–322, the Veterans' Benefits and Services Act of 1988 (38 U.S.C. § 7332); the authority for the sickle cell anemia provisions is Sec. 109 of Pub. L. 93–82, the Veterans Health Care Expansion Act of 1973 (38 U.S.C. §§ 1751–1754).
Source:
60 FR 63929, Dec. 13, 1995, unless otherwise noted.
Note:
Sections 1.500 through 1.527 concern the availability and release of information from files, records, reports, and other papers and documents in Department of Veterans Affairs custody pertaining to claims under any of the laws administered by the Department of Veterans Affairs. As to the release of information from Department of Veterans Affairs records other than claimant records, see §§ 1.550 through 1.558. Sections 1.500 through 1.526 implement the provisions of 38 U.S.C. 5701, 5702.
[32 FR 10848, July 25, 1967]
Authority:
Note:
Sections 1.575 through 1.584 concern the safeguarding of individual privacy from the misuse of information from files, records, reports, and other papers and documents in Department of Veterans Affairs custody. As to the release of information from Department of Veterans Affairs claimant records see § 1.500 series. As to the release of information from Department of Veterans Affairs records other than claimant records see § 1.550 series. Section 1.575 series implement the provisions of Pub. L. 93–579, December 31, 1974, adding a section 552a to title 5 U.S.C. providing that individuals be granted access to records concerning them which are maintained by Federal agencies, and for other purposes.
Source:
40 FR 33944, Aug. 12, 1975, unless otherwise noted.