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e-CFR data is current as of September 24, 2020

Title 38Chapter IPart 1

TITLE 38—Pensions, Bonuses, and Veterans' Relief




Department of Veterans Affairs Official Seal and Distinguishing Flag

Description, use, and display of VA seal and flag.

The United States Flag for Burial Purposes

Eligibility for and disposition of the United States flag for burial purposes.

Quarters for Department of Veterans Affairs Employees Overseas

Quarters for Department of Veterans Affairs employees in Government-owned or -rented buildings overseas.

Program Evaluation

Standards for program evaluation.
Evaluation of studies relating to health effects of radiation exposure.
Guidelines for establishing presumptions of service connection for former prisoners of war.

Referrals of Information Regarding Criminal Violations

Employee's duty to report.
Information to be reported to VA Police.
Information to be reported to the Office of Inspector General.
Notification to the Attorney General or United States Attorney's Office.

Security and Law Enforcement at Department of Veterans Affairs Facilities

Security and law enforcement at VA facilities.
On-site activities by pharmaceutical company representatives at VA medical facilities.

Parking Fees at VA Medical Facilities

Applicability and scope.

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

Confidentiality restrictions.
Criminal penalty for violations.
Minor patients.
Incompetent and deceased patients.
Security for records.
Restrictions on the use of identification cards and public signs.
Relationship to Federal statutes protecting research subjects against compulsory disclosure of their identity.
Patient access and restrictions on use.

Disclosures With Patient's Consent

Form of written consent.
Prohibition on redisclosure.
Disclosures permitted with written consent.
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.
Disclosures to elements of the criminal justice system which have referred patients.

Disclosures Without Patient Consent

Disclosure of information to participate in state prescription drug monitoring programs.
Disclosure of medical information to the surrogate of a patient who lacks decision-making capacity.
Medical emergencies.
Eye, organ and tissue donation.
Disclosure of information related to infection with the human immunodeficiency virus to public health authorities.
Disclosure of information related to infection with the human immunodeficiency virus to the spouse or sexual partner of the patient.
Research activities.
Audit and evaluation activities.

Court Orders Authorizing Disclosures and Use

Legal effect of order.
Confidential communications.
Order not applicable to records disclosed without consent to researchers, auditors and evaluators.
Procedures and criteria for orders authorizing disclosures for noncriminal purposes.
Procedures and criteria for orders authorizing disclosure and use of records to criminally investigate or prosecute patients.
Procedures and criteria for orders authorizing disclosure and use of records to investigate or prosecute VA or employees of VA.
Orders authorizing the use of undercover agents and informants to criminally investigate employees or agents of VA.

Release of Information From Department of Veterans Affairs Claimant Records

Release of information by the Secretary.
Disclosure of the amount of monetary benefits.
Disclosure of information to a veteran or his or her duly authorized representative as to matters concerning the veteran alone.
Disclosure of information to a widow, child, or other claimant.
Disclosure of records to Federal Government departments, State unemployment compensation agencies, and the Office of Servicemembers' Group Life Insurance.
Disclosures to members of Congress.
Disclosure in cases where claimants are charged with or convicted of criminal offenses.
Disclosure to courts in proceedings in the nature of an inquest.
Disclosure to insurance companies cooperating with the Department of Justice in the defense of insurance suits against the United States.
Disclosure of claimant records in connection with judicial proceedings generally.
Disclosure of loan guaranty information.
Disclosure of information contained in Armed Forces service and related medical records in Department of Veterans Affairs custody.
Disclosure to private physicians and hospitals other than Department of Veterans Affairs.
Disclosure to private psychologists.
Disclosures to procurement organizations.
Disclosure of information to participate in state prescription drug monitoring programs.
Disclosure of information to undertaker concerning burial of a deceased veteran.
Disclosure of vocational rehabilitation and education information to educational institutions cooperating with the Department of Veterans Affairs.
Addresses of claimants.
Lists of names and addresses.
Confidentiality of social data.
Special restrictions concerning social security records.
Determination of the question as to whether disclosure will be prejudicial to the mental or physical health of claimant.
To commanding officers of State soldiers' homes.
Persons authorized to represent claimants.
Inspection of records by or disclosure of information to recognized representatives of organizations and recognized attorneys.
Copies of records and papers.
Administrative review.

Procedures for Disclosure of Records Under the Freedom of Information Act

General provisions.
Public reading rooms and discretionary disclosures.
Requirements for making requests.
Responsibility for responding to requests.
Timing of responses to requests.
Responses to requests.
Business information.
Maintenance and preservation of records.
Other rights and services.

Safeguarding Personal Information in Department of Veterans Affairs Records

Social security numbers in veterans' benefits matters.
General policies, conditions of disclosure, accounting of certain disclosures, and definitions.
Access to records.
Amendment of records.
Administrative review.

Inventions by Employees of Department of Veterans Affairs

Expanded Remote Access to Computerized Veterans Claims Records by Accredited Representatives

Qualifications for access.
Utilization of access.

Inventions by Employees of Department of Veterans Affairs

Criteria for determining rights to employee inventions.
Delegation of authority.
Patenting of inventions.
Government license in invention of employee.
Information to be submitted by inventor.
Determination of rights.
Right of appeal.
Relationship to incentive awards program.
Expeditious handling.
Information to be kept confidential.
Provisions of regulations made a condition of employment.
Licensing of Government-owned inventions.

Administrative Control of Funds

Responsibility for violations of the administrative subdivision of funds.

Use of Official Mail in the Location and Recovery of Missing Children

Contact person for missing children official mail program.
Percentage estimate.
Restrictions on use of missing children information.

Homeless Claimants

Homeless claimants: Delivery of benefit payments and correspondence.

Part-Time Career Employment Program

Purpose of program.
Review of positions.
Establishing and converting part-time positions.
Annual goals and timetables.
Review and evaluation.
Publicizing vacancies.

Standards for Collection, Compromise, Suspension or Termination of Collection Effort, and Referral of Civil Claims for Money or Property

Prescription of standards.
No private rights created.
Antitrust, fraud, and tax and interagency claims.
Settlement, waiver, or compromise under other statutory or regulatory authority.
Form of payment.
Subdivision of claims not authorized.
Required administrative proceedings.

Standards for Collection of Claims

Aggressive collection action.
Collection of debts owed by reason of participation in a benefits program.
Collection of non-benefit debts.
Collection by offset.
Collection by offset—from VA benefit payments.
Liquidation of collateral.
Collection in installments.
Interest, administrative costs, and penalties.
Disclosure of debt information to consumer reporting agencies (CRA).
Contracting for collection services.
Use and disclosure of mailing addresses.
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.
Referral of VA debts.
Analysis of costs.
Administrative wage garnishment.
Suspension or revocation of eligibility for federal loans, loan insurance, loan guarantees, licenses, permits, or privileges.
Reduction of debt through performance of work-study services.

Standards for Compromise of Claims

Scope and application.
Bases for compromise.
Enforcement policy.
Joint and several liability.
Further review of compromise offers.
Consideration of tax consequences to the Government.
Mutual releases of the debtor and VA.

Standards for Suspending or Terminating Collection Action

Scope and application.
Suspension of collection activity.
Termination of collection activity.
Exception to termination.
Discharge of indebtedness; reporting requirements.
Authority to suspend or terminate collection action on certain benefit indebtedness; authority for refunds.

Referrals to GAO, Department of Justice, or IRS

Prompt referral.
Claims Collection Litigation Report (CCLR).
Preservation of evidence.
Minimum amount of referrals to the Department of Justice.
Regional office Committees on Waivers and Compromises.
Committee authority.
Finality of decisions.
Records and certificates.
Legal and technical assistance.
Waiver of overpayments.
Waiver; other than loan guaranty.
Waiver; erroneous payments of pay and allowances.
Waiver; loan guaranty.
Application of standard.
Scope of waiver decisions.
Revision of waiver decisions.
Standards for compromise.

Salary Offset Provisions

Salary offsets of debts involving benefits under the laws administered by VA.
Notice requirements before salary offsets of debts not involving benefits under the laws administered by VA.
Request for a hearing.
Form, notice of, and conduct of hearing.
Result if employee fails to meet deadlines.
Review by the hearing official or administrative law judge.
Written decision following a hearing requested under §1.984.
Review of VA records related to the debt.
Written agreement to repay debt as alternative to salary offset.
Procedures for salary offset: when deductions may begin.
Procedures for salary offset.
Non-waiver of rights.
Requesting recovery through centralized administrative offset.

Procedures for Financial Institutions Regarding Garnishment of Benefit Payments After Disbursement

Garnishment of payments after disbursement.

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