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Electronic Code of Federal Regulations

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e-CFR Data is current as of July 23, 2014

TITLE 38—Pensions, Bonuses, and Veterans' Relief

CHAPTER I—DEPARTMENT OF VETERANS AFFAIRS

PART 1—GENERAL PROVISIONS

rule

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.
§1.220
On-site activities by pharmaceutical company representatives at VA medical facilities.

Parking Fees at VA Medical Facilities

§1.300
Purpose.
§1.301
Definitions.
§1.302
Applicability and scope.
§1.303
Policy.

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]

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

§1.483
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.

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]

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.

Procedures for Disclosure of Records Under the Freedom of Information Act

§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.

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]

Inventions by Employees of Department of Veterans Affairs

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.


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