[Federal Register Volume 66, Number 178 (Thursday, September 13, 2001)]
[Notices]
[Pages 47725-47728]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 01-23042]


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DEPARTMENT OF VETERANS AFFAIRS


Privacy Act of 1974, Amendment of Three Systems of Records

ACTION: Notice.

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SUMMARY: As required by the Privacy Act of 1974, 5 U.S.C. 552a(e), 
notice is hereby given that the Department of Veterans Affairs (VA) 
proposes amending three existing systems of records (44VA01, 58VA21/22 
and 81VA01) to: (1) Amend a routine use in one system (44VA01) to 
clarify that information released under the routine use is at VA's 
initiative and that certain names and address are released only to 
Federal law enforcement entities under the routine use; (2) add a 
routine use relating to release of information about representative 
misconduct to each of the systems; (3) amend two of the systems 
(58VA21/22 and 81VA01) to clarify what individuals are covered by the 
systems; (4) add a statement of purpose to each of the systems; and (5) 
to update information such as citations and contact information in each 
of the systems.

DATES: The proposed amendments will be effective 30 calendar days from 
the date this publication, September 13, 2001, unless comments are 
received before this date which would result in a contrary 
determination.

ADDRESSES: Mail or hand-deliver written comments to: Director, Office 
of Regulations Management (02D), Department of Veterans Affairs, 810 
Vermont Ave., NW, Room 1154, Washington, DC 20420; or fax comments to 
(202) 273-9289; or e-mail comments to ``[email protected]''. 
All relevant material received before October 15, 2001, will be 
considered. All comments received will be available for public 
inspection in the Office of Regulations Management, Room 1158, between 
the hours of 8:00 a.m. and 4:30

[[Page 47726]]

p.m., Monday through Friday (except holidays).

FOR FURTHER INFORMATION CONTACT: Steven L. Keller, Senior Deputy Vice 
Chairman, Board of Veterans' Appeals (012), Department of Veterans 
Affairs, 810 Vermont Avenue, NW, Washington, DC 20420, (202) 565-5978.

SUPPLEMENTARY INFORMATION: VA provides benefits and services to many of 
America's approximately 25 million living veterans, as well as to 
veterans' survivors and dependents.
    Amendment of Routine Use: VA proposes 2 amendments to routine use 
number 2 in system of records 44VA01. This routine use concerns 
referral of agency records showing violation of law to law enforcement 
authorities. One amendment clarifies that the referral referenced is 
referral on VA's initiative. In addition to requirements of the Privacy 
Act, 5 U.S.C. 552a, VA must comply with information disclosure 
limitations in 38 U.S.C. 5701 which, among other things, restrict 
release of the names and address of veterans and their dependents. The 
second proposed amendment to this routine use clarifies that, except 
for referral to other Federal entities, the information referred under 
this routine use does not include such names and addresses.
    Additional Routine Use: Claimants for VA benefits are entitled to 
representation throughout the VA claims adjudication process. VA 
regulates representatives appearing in VA claims matters to promote 
representational competency and the ethical treatment of represented VA 
claimants. See generally 38 U.S.C. 5901-05; 38 CFR 14.626-.643, 
20.600-.610.
    In the great majority of cases, representational services are ably 
provided by well-trained, responsible representatives of State and 
national veterans' service organizations, agents recognized by VA as 
qualified to act as representatives, attorneys-at-law and others. 
Occasionally, however, representatives may engage in unethical or 
illegal conduct; for example by charging fees where none are authorized 
by law, willfully and deliberately violating agency rules of practice 
and procedure, or defrauding VA claimants.
    The routine use added to these three systems of records would 
permit VA to disclose information in its files concerning a 
representative's misconduct to Federal, State, or local law enforcement 
authorities and to authorities responsible for the professional 
licensing and discipline of representatives, such as State or local bar 
associations.
    Changes to update these systems: System 44VA01 already provides 
that representatives are included in the categories of individuals 
covered by the system. These amendments clarify that that is also true 
of systems 58VA21/22 and 81VA01.
    The Office of the Federal Register of the National Archives and 
Records Administration now includes ``Purpose(s)'' among the required 
data elements in published systems of records notices. These amendments 
add purpose sections to each of the three systems amended.
    Citations to title 38, United States Code, have been revised 
throughout to reflect renumbering of that title that occurred after 
these systems were originally established. A citation to 42 U.S.C. 
209dd-3 and 290ee-3 has been removed from a note in 44VA01. The note 
concerns special protection afforded by 38 U.S.C. 7332 (formerly 
Sec. 4132) to records concerning drug abuse, alcoholism or alcohol 
abuse, infection with the human immunodeficiency virus or sickle cell 
anemia. The cited title 42 provisions were the authority for 
regulations of the Secretary of Health and Human Services concerning 
the confidentiality of alcohol and drug abuse patient records which VA 
followed prior to the adoption of its own regulations at 38 CFR 
1.460-.494. For additional information, see 60 FR 63926 (1995).
    Finally, these proposed amendments update addresses and telephone 
numbers that have changed since notices of these systems were 
published.
    VA has determined that release of information under circumstances 
such as those described above is a necessary and proper use of 
information in these systems of records and that the specific routine 
use proposed for the transfer of this information is appropriate.
    The systems of records VA proposes to amend, which are contained in 
the Federal Register at the pages indicated, are:
    44VA01, Veterans Appellate Records System-VA, established at 40 FR 
38095 (8/26/75) and amended at 56 FR 15663 (4/17/91) and 63 FR 37941 
(7/14/98).
    58VA21/22, Compensation, Pension, Education and Rehabilitation 
Records--VA, established at 41 FR 9294 (3/3/76) and last amended at 63 
FR 37941 (7/14/98) and 65 FR 37605 (6/15/00), with other amendments as 
cited therein.
    81VA01, Representatives' Fee Agreement Records System--VA, 
established at 56 FR 18874 (4/24/91) and amended at 57 FR 8792 (3/12/
92) and 63 FR 37941 (7/14/98).
    A ``Report of Altered System'' and an advance copy of the revised 
system have been sent to the chairmen and ranking members of the 
Committee on Governmental Reform of the House of Representatives and 
the Committee on Governmental Affairs of the Senate, and to the Office 
of Management and Budget, as required by 5 U.S.C. 552a(o) (Privacy Act) 
and guidelines issued by the Office of Management and Budget.

    Approved: August 27, 2001.
Anthony J. Principi,
Secretary of Veterans Affairs.

Notice of Amendment of Systems of Records

    1. In the system identified as 44VA01, ``Veterans Appellate Records 
System--VA'', established at 40 FR 38095 (8/26/75) and amended at 56 FR 
15663 (4/17/91) and 63 FR 37941 (7/14/98), authority citations are 
updated, a routine use is amended, a purpose section and a routine use 
are added, and telephone and address information are updated as 
follows:
44VA01

System name:
    Veterans Appellate Records System--VA.

System location:
    Board of Veterans' Appeals, Department of Veterans Affairs, 810 
Vermont Avenue, NW., Washington, DC, 20420, and its contractor, 
Promisel & Korn, Inc., 7012 West Greenvale Parkway, Chevy Chase, MD 
20815.
* * * * *

Authority for Maintenance of the System:
    38 U.S.C. 7101(a), 7104; 5 U.S.C. 552.

Purpose(s):
    Initial decisions on claims for Federal veterans' benefits are made 
at VA field offices throughout the nation. Claimants may appeal those 
decisions to the Board of Veterans' Appeals. See 38 U.S.C. Chapter 71. 
The Board gathers, or creates, these records in carry out its appellate 
functions.
    Routine uses of records maintained in the system, including 
categories of users and the purposes of such uses:
* * * * *
    2. In the event that a system of records maintained by this agency 
to carry out its functions indicates a violation or potential violation 
of law, whether civil, criminal or regulatory in nature, and whether 
arising by general statute or particular program statute, or by 
regulation, rule or order issued pursuant thereto, VA may refer the 
relevant records in the system of records, as a routine use, to the 
appropriate agency, whether Federal, State, local or foreign,

[[Page 47727]]

charged with the responsibility of investigating or prosecuting such 
violation or charged with enforcing or implementing the statute, or 
rule, regulation or order issued pursuant thereto. Names and home 
addresses of veterans and their dependents will be released on VA's 
initiative under this routine use only to Federal entities.
* * * * *
    7. Where VA determines that there is good cause to question the 
legality or ethical propriety of the conduct of a person or 
organization representing a person in a matter before VA, a record from 
this system may be disclosed, on VA's initiative, to any or all of the 
following: (1) Applicable civil or criminal law enforcement authorities 
and (2) a person or entity responsible for the licensing, supervision, 
or professional discipline of the person or organization acting as 
representative. Names and home addresses of veterans and their 
dependents will be released on VA's initiative under this routine use 
only to Federal entities.

    Note: Any record maintained in this system of records which may 
include information relating to drug abuse, alcoholism or alcohol 
abuse, infection with the human immunodeficiency virus or sickle 
cell anemia will be disclosed pursuant to an applicable routine use 
for the system only when permitted by 38 U.S.C. 7332.

* * * * *

Record Access Procedure:
    Individuals seeking information regarding access to information 
contained in this system of records may write, call or visit the Board 
of Veterans' Appeals Freedom of Information Act Officer whose address 
and telephone number are as follows: Freedom of Information Act Officer 
(01C1), Board of Veterans' Appeals, 810 Vermont Avenue, NW., 
Washington, DC 20420, (202) 565-9252.
* * * * *
    2. In the system identified as 58VA21/22, ``Compensation, Pension, 
Education and Rehabilitation Records--VA'', established at 41 FR 9294 
(March 3, 1976) and last amended at 63 FR 37941 (7/14/98) and 65 FR 
37605 (6/15/00), with other amendments as cited therein, the 
description of the categories of individuals covered by the system is 
amended, the authority for maintenance of the system is updated, and a 
purpose section and a routine use are added as follows:
58VA21/22

System name:
    Compensation, Pension, Education and Rehabilitation Records--VA.
* * * * *

Categories of Individuals Covered by the System:
* * * * *
    20. Representatives of individuals covered by the system.
* * * * *

Authority for Maintenance of the System:
    Title 38, United States Code, section 501(a) and Chapters 11, 13, 
15, 18, 23, 30, 31, 32, 34, 35, 36, 39, 51, 53, 55.

Purpose(s):
    Veterans, and their survivors and dependents, file claims for a 
wide variety of Federal veterans' benefits administered by VA at VA 
facilities located throughout the nation. See the statutory provisions 
cited in ``Authority for maintenance of the system.'' VA gathers, or 
creates, these records in order to enable it to administer these 
statutory benefits programs.

Routine Uses of Records Maintained in the System, Including Categories 
of Users and the Purposes of Such Uses:
* * * * *
    63. Where VA determines that there is good cause to question the 
legality or ethical propriety of the conduct of a person or 
organization representing a person in a matter before VA, a record from 
this system may be disclosed, on VA's initiative, to any or all of the 
following: (1) Applicable civil or criminal law enforcement authorities 
and (2) a person or entity responsible for the licensing, supervision, 
or professional discipline of the person or organization acting as 
representative. Names and home addresses of veterans and their 
dependents will be released on VA's initiative under this routine use 
only to Federal entities.
    3. In the system identified as 81VA01 ``Representatives' Fee 
Agreement Records System--VA,'' appearing at 56 FR 18874 (4/24/91) and 
amended at 57 FR 8792 (3/12/92) and 63 FR 37941 (7/14/98), the 
description of the categories of individuals covered by the system is 
amended, a purpose statement and a routine use are added, and contact 
information is updated as follows:
81VA01

System name:
    Representatives' Fee Agreement Records System--VA.
* * * * *

Authority for maintenance of the system: * * *
Purpose(s):
    Claims agents and attorneys-at-law who charge fees for representing 
veterans and their survivors and dependents in pursuing their claims 
for Federal veterans' benefits are required to file copies of their fee 
agreements with the Board. The Board, on its own motion or the motion 
of a party to the agreement, may then review the agreement and ``may 
order a reduction in the fee called for in the agreement if the Board 
finds that the fee is excessive or unreasonable. 38 U.S.C. 5904(c)(2). 
The Board gathers, or creates, these records in order to enable it to 
carry out these fee agreement filing and review functions.

Categories of Individuals Covered by the System:
    Persons seeking, receiving, or who have received benefits from the 
Department of Veterans Affairs who utilize the services of attorneys-
at-law or accredited agents to represent them; such attorneys-at-law 
and accredited agents; and VA employees whose duties involve the 
processing of matters related to representatives' fee agreements.
* * * * *

Routine Uses of Records Maintained in the System, Including Categories 
of Users and the Purposes of Such Uses:
* * * * *
    6. Where VA determines that there is good cause to question the 
legality or ethical propriety of the conduct of a person or 
organization representing a person in a matter before VA, a record from 
this system may be disclosed, on VA's initiative, to any or all of the 
following: (1) applicable civil or criminal law enforcement authorities 
and (2) a person or entity responsible for the licensing, supervision, 
or professional discipline of the person or organization acting as 
representative. Names and home addresses of veterans and their 
dependents will be released on VA's initiative under this routine use 
only to Federal entities.
* * * * *

Record Access Procedure:
    Individuals seeking information regarding access to information 
contained in this system of records may write, call or visit the Board 
of Veterans' Appeals Freedom of Information Act Officer whose address 
and telephone number are as follows: Freedom of Information Act Officer 
(01C1), Board of Veterans' Appeals, 810 Vermont

[[Page 47728]]

Avenue, NW, Washington, DC 20420, (202) 565-9252.
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[FR Doc. 01-23042 Filed 9-12-01; 8:45 am]
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