[Federal Register Volume 66, Number 203 (Friday, October 19, 2001)]
[Proposed Rules]
[Pages 53139-53140]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 01-26382]


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DEPARTMENT OF VETERANS AFFAIRS

38 CFR Part 3

RIN 2900-AK37


Acceptable Evidence From Foreign Countries

AGENCY: Department of Veterans Affairs.

ACTION: Proposed rule.

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SUMMARY: The Department of Veterans Affairs (VA) proposes to amend its 
adjudication regulation concerning evidence that is received from 
foreign countries. The intended effect of this amendment is to present 
the existing regulation in plain language.

DATES: Comments must be received on or before December 18, 2001.

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]. 
Comments should indicate that they are submitted in response to ``RIN 
2900-AK37.'' All comments received will be available for public 
inspection in the Office of Regulations Management, Room 1158, between 
the hours of 8 a.m. and 4:30 p.m., Monday through Friday (except 
holidays).

FOR FURTHER INFORMATION CONTACT: Bob White, Team Leader, Plain Language 
Regulations Project, Veterans Benefits Administration, 810 Vermont 
Avenue, NW., Washington, DC 20420, telephone (202) 273-7228. This is 
not a toll-free number.

SUPPLEMENTARY INFORMATION: VA proposes to rewrite 38 CFR 3.202 in plain 
language. The current regulation, located in subpart A of part 3, 
discusses when and how evidence from foreign countries must be 
authenticated. VA proposes to create new Sec. 3.2420 to restate the 
current regulation. The proposed section would be located in Subpart D, 
Universal Adjudication Rules That Apply to Benefit Claims Governed by 
part 3 of this Title.
    Paragraph (a) of proposed Sec. 3.2420 states when authentication of 
the signature of officials of foreign countries is required and who may 
provide authentication. This is a restatement of the first sentence of 
paragraph (a) of current Sec. 3.202.
    Paragraph (b) of proposed Sec. 3.2420 addresses who may 
authenticate signatures of foreign government officials when the 
authentication called for in paragraph (a) of this section is not 
available. This is a restatement of the last sentence of paragraph (a) 
and the text of paragraphs (a)(1) and (a)(2) of current Sec. 3.202. We 
have eliminated the requirement that only the ``nearest'' United States 
Consular Officer may certify that the signature of an official of a 
foreign country has been investigated and found to be authentic. We 
believe that requirement is unnecessarily narrow and can be broadened 
without diminishing the integrity of VA's

[[Page 53140]]

programs. We have, therefore, amended this provision to allow a United 
States Consular Officer from another country to authenticate the 
signature.
    Paragraph (c) of proposed Sec. 3.2420 lists categories of evidence 
from foreign countries that do not require authentication of signature. 
This is a restatement of paragraph (b) of current Sec. 3.202.
    Paragraph (d) of proposed Sec. 3.2420 explains that photocopies of 
original documents are acceptable to VA when they are genuine and free 
from alteration. This is a restatement of paragraph (c) of current 
Sec. 3.202.
    This rulemaking reflects VA's goal of making government more 
responsive, accessible, and comprehensible to the public. The Plain 
Language Regulations Project was developed as a long-term comprehensive 
project to reorganize and rewrite in plain language the adjudication 
regulations in part 3 of title 38, Code of Federal Regulations. This 
proposed rule is one of a series of proposed revisions to those 
regulations.

Unfunded Mandates

    The Unfunded Mandates Reform Act requires (in section 202) that 
agencies assess anticipated costs and benefits before developing any 
rule that may result in an expenditure by State, local, or tribal 
governments, in the aggregate, or by the private sector of $100 million 
or more in any given year. This proposed rule will have no 
consequential effect on State, local, or tribal governments.

Paperwork Reduction Act

    This document contains no provisions constituting a collection of 
information under the Paperwork Reduction Act (44 U.S.C. 3501-3520).

Regulatory Flexibility Act

    The Secretary certifies that the adoption of this proposed rule 
would not have a significant economic impact on a substantial number of 
small entities as they are defined in the Regulatory Flexibility Act, 5 
U.S.C. 601-612. The proposed rule does not directly affect any small 
entities. Only VA beneficiaries could be directly affected. Therefore, 
pursuant to 5 U.S.C. 605(B), this amendment is exempt from the initial 
and final regulatory flexibility analysis requirements of sections 603 
and 604.

Catalog of Federal Domestic Assistance Program Numbers

    The catalog of Federal Domestic Assistance Program numbers for this 
proposal are 64.100, 64.101, 64.104, 64.105, 64.106, 64.109, 64.100, 
and 64.127. 1

List of Subjects in 38 CFR Part 3

    Administrative practice and procedure, Claims, Disability benefits, 
Health care, Pensions, Radioactive materials, Veterans, Vietnam.

    Approved: October 11, 2001.
Anthony J. Principi,
Secretary of Veterans Affairs.

    For the reasons set forth in the preamble, VA proposes to amend 38 
CFR part 3 as follows:

PART 3--ADJUDICATION

Subpart A--Pension, Compensation, and Dependency and Indemnity 
Compensation

    1. The authority citation for part 3, subpart A continues to read 
as follows:

    Authority: 38 U.S.C. 501(a), unless otherwise noted.


Sec. 3.202  [Removed]

    2. Sec. 3.202 is removed.

Subpart D--Universal Adjudication Rules that Apply to Benefit 
Claims Governed by Part 3 of This Title

    3. The authority citation for part 3, subpart D continues to read 
as follows:

    Authority: 38 U.S.C. 501(a), unless otherwise noted.

    4. Sec. 3.2420 is added under the undesignated center heading 
``EVIDENCE REQUIREMENTS'' to read as follows:

Evidence Requirements


Sec. 3.2420  Evidence from foreign countries.

    (a) Authentication of signature. When the signature on an affidavit 
or other document signed under oath is authenticated by a government 
official of a foreign country, the signature of that official must in 
turn be authenticated by either:
    (1) A United States Consular Officer in that jurisdiction, or
    (2) The State Department (See Sec. 3.108).
    (b) When there is no United States Consular Officer in that 
country. If there is no United States Consular Officer in that country, 
the government official's signature may be authenticated by either:
    (1) A consular agent of a friendly government whose signature and 
seal can be verified by the State Department, or
    (2) A United States Consular Officer in another country who 
certifies that the signature was investigated and is authentic.
    (c) Authentication of signature not required. Authentication of 
signature is not required for the following types of evidence:
    (1) Documents approved by the Deputy Minister of Veterans Affairs, 
Department of Veterans Affairs, Ottawa, Canada,
    (2) Documents that have the signature and seal of an officer 
authorized to administer oaths for general purposes,
    (3) Documents signed before a VA employee authorized to administer 
oaths,
    (4) Affidavits prepared in the Republic of the Philippines that are 
certified by a VA representative who is located there and has authority 
to administer oaths,
    (5) Copies of public or church records from any foreign country 
used to establish birth, adoption, marriage, annulment, divorce, or 
death, if:
    (i) The records have the signature and seal of the custodian of 
such records, and
    (ii) There is no conflicting evidence on file, or
    (6) Copies of public or church records from England, Scotland, 
Wales, or Northern Ireland used to establish birth, marriage, or death, 
when:
    (i) The records have the signature or seal or stamp of the 
custodian of such records, and
    (ii) There is no conflicting evidence on file.
    (d) Photocopies of documents acceptable. Photocopies of original 
documents described in this section are acceptable to establish birth, 
death, marriage or relationship if VA is satisfied that they are 
genuine and free from alteration.

(Authority: 22 U.S.C. 4221; 38 U.S.C. 5712)

[FR Doc. 01-26382 Filed 10-18-01; 8:45 am]
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