[Federal Register Volume 67, Number 163 (Thursday, August 22, 2002)]
[Notices]
[Pages 54529-54531]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 02-21368]


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DEPARTMENT OF VETERANS AFFAIRS


Privacy Act of 1974; Amendment of System of Records

AGENCY: Department of Veterans Affairs.

ACTION: Notice.

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SUMMARY: Notice is hereby given that the Department of Veterans Affairs 
(VA) is amending the system of records entitled ``Current and Former 
Accredited Representative, Claims Agent, Representative and Claims 
Agent Applicant and Rejected Applicant and Attorney Records--VA'' 
(01VA022) as set forth in the Federal Register, 40 FR 38095 (8/26/75), 
and amended in 47 FR 1460 (1/13/82), 54 FR 30969 (7/25/89), and 59 FR 
47377 (9/15/94). VA is amending the system notice by revising the 
paragraphs on System Location, Categories of Individuals Covered by the 
System, Categories of Records in the System, Retention and Disposal, 
and Record Access Procedures, and by deleting current routine uses 10 
and 11 and adding two new routine uses 10 and 11.

DATES: Comments on the proposed amendments to this system of records 
must be received no later than September 23, 2002. If no public 
comments are received by this date, the amendments will become 
effective on September 23, 2002.

ADDRESSES: You may mail or hand-deliver written comments concerning the 
proposed new system of records to the Office of Regulatory Law (02D), 
Department of Veterans Affairs, 810 Vermont Avenue, NW., Washington, DC 
20420; or fax comments to (202) 273-9289; or email comments to 
[email protected]. All relevant material received before 
September 23, 2002, will be considered. Comments will be available for 
public inspection at the above address in the Office of Regulatory Law, 
Room 1158, between the hours of 8 a.m. and 4:30 p.m., Monday through 
Friday (except holidays).

FOR FURTHER INFORMATION CONTACT: Martin Sendek, Staff Attorney, 
Professional Staff Group II, Office of General Counsel, Department of 
Veterans Affairs, 810 Vermont Avenue, NW., Washington, DC 20420, (202) 
273-6330.

SUPPLEMENTARY INFORMATION: VA is changing the System Location paragraph 
by deleting the phrase ``District Counsel Offices'' and replacing it 
with the phrase ``Regional Counsel Offices'' because the Office of 
General Counsel (OGC) reorganized its field offices, and in the course 
of that reorganization, renamed the remaining offices as ``Regional 
Counsel Offices''.
    Changes to the Categories of Individuals Covered by the System and 
Categories of Records in the System reflect the addition of certain 
information on attorneys to the system of records, clarify the system 
description, and update the system description for consistency with 
current form designations.
    Paragraph (2) under Categories of Individuals Covered by the System 
is rewritten to more clearly state the individuals covered, and to 
delete the redundant statement that claims agents are not attorneys. 
Under VA regulations, claims agents, by definition, are not attorneys. 
OGC is deleting the language currently in paragraph (4) because those 
records are now maintained by the Veterans Benefits Administration. The 
new paragraph (4) reflects records that OGC maintains on attorneys, and 
additional records that it will maintain under proposed regulations, 
once published in final form. The proposed rule was published at 63 FR 
59495 (1998).
    VA is amending three paragraphs under Categories of Records in the

[[Page 54530]]

System. Paragraph (6) is amended to reflect that VA has new form 
numbers for the applications of service organization representatives 
and claims agents to represent veterans before VA. Also, claims agents 
are moved from paragraph (7) to paragraph (6). The language of 
paragraph (7) is not amended; however, it now will only cover 
individuals who apply to represent individuals before VA, generally on 
a one-time basis, who are neither service organization representatives 
nor claims agents. An example would be an individual who seeks to 
represent his brother on his brother's claim. Finally, paragraph (9) is 
amended by replacing the word ``termination'' with the word 
``cancellation'', which is the term that has been used in the 
applicable VA regulation. Paragraph (9) will also include records on 
probation or reprimand of individuals for conduct associated with their 
representational activities when the regulation published at 63 FR 
59495 (1998) is published as a final rule.
    The Records Retention and Disposal paragraph is changed to reflect 
current OGC policies in these subject areas.
    Routine Uses. OGC no longer needs to make the disclosures 
authorized under current routine uses 10 and 11, and, accordingly, VA 
is rescinding them. OGC, however, does need to disclose information in 
two situations for which there currently are no routine uses. 
Consequently, OGC is inserting those two new routine uses as new 
routine uses 10 and 11 in place of the routine uses rescinded. New 
routine use 10 permits VA to release information pertaining to 
unlawful, unprofessional, or unethical actions by an individual in this 
record system to employers, and licensing organizations, such as State 
bar associations, when VA determines that the information relates to 
activities for which the individual is employed or to activities 
subject to the licensing organization; e.g., possible ethical 
violations by attorneys. For example, if VA cancels the accreditation 
of an individual veterans service organization employee to represent 
veterans, VA must be able to tell the service organization that its 
employee may no longer represent veterans on behalf of the service 
organization before VA. The second routine use (new routine use 11) 
would allow VA to share the same information with other Federal and 
State agencies, and Federal courts before whom these individuals may be 
authorized to appear.
    A ``Report of Altered System of Records'' and an advance copy of 
the revised system notice have been sent to the chairmen and ranking 
members of the Committee on Governmental Reform of the House of 
Representatives, the Committee on Governmental Affairs of the Senate, 
and 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 9, 2002.
Anthony J. Principi,
Secretary of Veterans Affairs.
01VA022

SYSTEM NAME:
    Current and Former Accredited Representative, Claims Agent, 
Representative and Claims Agent Applicant and Rejected Applicant and 
Attorney Records--VA

SYSTEM LOCATION:
    [The phrase ``District Counsel Offices'' is replaced by the phrase 
``Regional Counsel Offices''.]
* * * * *

CATEGORIES OF INDIVIDUALS COVERED BY THE SYSTEM:
* * * * *
    (2) Claims agents who have applied for accreditation, are currently 
accredited, or have previously been accredited by VA to represent 
claimants for benefits;
* * * * *
    (4) Attorneys who have been the subject of correspondence, 
investigations, or proceedings relating to their fitness to represent 
claimants for benefits before VA.

CATEGORIES OF RECORDS IN THE SYSTEM:
* * * * *
    (6) VA Forms 2-21 and 21, (Application for Accreditation as Service 
Organization Representative) 21a, (Application for Accreditation as a 
Claims Agent);
* * * * *
    (9) Documents, decisions, correspondence, and other information 
relating to or including the granting, denial, suspension, or 
cancellation of accreditation of representatives, claims agents, or 
attorneys, and information concerning the placement of representatives, 
claims agents, or attorneys on probation by VA or VA's issuance of a 
reprimand to such an individual pertaining to conduct relating to 
representation of claimants for benefits before VA.
* * * * *

ROUTINE USES OF RECORDS MAINTAINED IN THE SYSTEM, INCLUDING CATEGORIES 
OF USERS AND THE PURPOSES OF SUCH USES:
* * * * *
    10. The Office of General Counsel may disclose the name and address 
of any prospective, present, or former accredited representative, 
claims agent, or attorney, and any information concerning such 
individual that relates to unlawful, unprofessional, or unethical 
actions by that individual or to VA's denial, cancellation, suspension 
or termination of an individual's VA accreditation, or to both, where 
applicable, to employing entities and State and Federal licensing 
organizations when such information may be relevant to the initial or 
continued employment or licensing of a prospective, present, or former 
accredited representative, claims agent, or attorney by an employing 
entity or licensing organization. VA will not disclose the names and 
home addresses of veterans and their dependents to licensing 
organizations pursuant to this routine use.
    11. The Office of General Counsel may disclose the name and address 
of any prospective, present, or former accredited representative, 
claims agent, or attorney, and any information concerning such 
individual that relates to unlawful, unprofessional, or unethical 
actions by that individual or to VA's denial, cancellation, suspension 
or termination of an individual's VA accreditation, or to both, where 
applicable, to other Federal and State agencies and to Federal courts 
when such information may be relevant to the individual's provision of 
representational services before such agency or court. VA will not 
disclose the names and home addresses of veterans and their dependents 
pursuant to this routine use.

[[Page 54531]]

POLICIES AND PRACTICES FOR STORING, RETRIEVING, ACCESSING, RETAINING, 
AND DISPOSING OF RECORDS IN THE SYSTEM
* * * * *

RETENTION AND DISPOSAL:
    VA maintains and disposes of records in accordance with records 
disposition authority approved by the Archivist of the United States.
* * * * *

RECORD ACCESS PROCEDURES
    Individuals seeking copies of records under this system that 
pertain to themselves, or seeking to amend such records, should make 
those requests under the Privacy Act. Individuals seeking copies of 
records pertaining to others should request them under the Freedom of 
Information Act. All such requests should be in writing, over the 
original, handwritten signature of the requester, and should be mailed 
to: FOIA/PA Officer (026G), Office of General Counsel, 810 Vermont 
Ave., NW., Washington, DC 20420.
* * * * *
[FR Doc. 02-21368 Filed 8-21-02; 8:45 am]
BILLING CODE 8320-01-P