[Federal Register Volume 79, Number 27 (Monday, February 10, 2014)]
[Notices]
[Pages 7743-7744]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2014-02798]


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DEPARTMENT OF VETERANS AFFAIRS

[OMB Control No. 2900-0605]


Proposed Information Collection (Removal of Requirement to File 
Direct-Pay Fee Agreements with the Office of the General Counsel)

AGENCY: Department of Veterans Affairs.

ACTION: Notice.

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SUMMARY: The Office of the General Counsel (OGC), Department of 
Veterans Affairs (VA), is announcing an opportunity for public comment 
on the modification of a collection of certain information by the 
agency. Under the Paperwork Reduction Act of 1995, Federal agencies are 
required to publish notice in the Federal Register concerning each 
modification of a collection of information, including each proposed 
revision of a currently approved collection, and allow 60 days for 
public comment in response to the notice. This notice solicits comments 
on the removal of the requirement that direct-pay fee agreements be 
filed with both the agency of original jurisdiction (AOJ) and OGC. 
Direct-pay fee agreements would only be filed with the AOJ.

DATES: Comments must be received on or before April 11, 2014.

ADDRESSES: Submit written comments on the collection of information 
through the Federal Docket Management System (FDMS) at 
www.Regulations.gov or to Dana Raffaelli (022O), Office of the General 
Counsel, U.S. Department of Veterans Affairs, 810 Vermont Ave., NW., 
Washington, DC 20420. Please refer to ``OMB Control No. 2900-0605'' in 
any correspondence. During the comment period, comments may be viewed 
online through FDMS.

FOR FURTHER INFORMATION CONTACT: Dana Raffaelli at (202) 461-7699 or 
FAX (202) 273-6404. These are not toll-free numbers.

SUPPLEMENTARY INFORMATION: 
    Title: Filing of Representatives' Fee Agreements.
    OMB Control Number: 2900-0605
    Type of Review: Revision of a currently approved collection.
    Abstracts:
    a. Summary of collection of information: Accredited agents and 
attorneys are required to file with the Secretary of Veterans Affairs 
agreements for the payment of fees charged for representing claimants 
before VA. The Secretary is authorized to review these agreements 
either on his or her own motion or upon the request of the claimant who 
is a party to the agreement. 38 U.S.C. 5904(c). The purpose of the 
review is to determine whether the fees charged are excessive or 
unreasonable. Id. VA regulations delegate the authority to receive and 
review fee agreements to OGC. 38 CFR 14.636. Subject to certain 
limitations, attorneys and agents may enter into agreements with 
claimants that direct VA to withhold representation fees from any past-
due benefits VA awards to the claimant and pay the fee directly to the 
agent or attorney. 38 U.S.C. 5904(d). To process direct payments, VA 
requires filing a copy of a fee agreement with the local VA regional 
office where award payments are processed, i.e., the AOJ. 38 CFR 
14.636(h)(4). VA is amending Sec.  14.636(g)(3) and (h)(4) to remove 
the requirement that an agent or attorney file a direct-pay fee 
agreement with both OGC and the AOJ. The intended effect of this 
amendment is to require that

[[Page 7744]]

direct-pay fee agreements be submitted only to the AOJ, thereby 
eliminating duplicate filings by agents and attorneys. In cases where 
OGC needs to review a direct-pay fee agreement, it can obtain a copy of 
the agreement from the AOJ.
    b. Description of need for information and proposed use of 
information: The information is used by VA in reviewing fee agreements 
between VA claimants and their representatives to determine whether 
they are in compliance with the law governing representation and fees, 
and by VA regional offices in processing direct-fee payment agreements.
    c. Description of likely respondents: VA-accredited agents and 
attorneys.
    d. Estimated number of respondents: There are currently about 
12,600 VA-accredited agents and attorneys. Approximately 1,200 agents 
and attorneys have filed fee agreements (direct and non-direct) with 
OGC over the past five years.
    e. Estimated frequency of responses: OGC receives approximately 
11,700 direct-pay fee agreements per year. Therefore, on average, each 
respondent files approximately 9-10 direct-pay fee agreements with OGC 
per year, which will be eliminated with this rulemaking.
    f. Estimated average burden per response: VA estimates an average 
hour burden reduction of 10 minutes per response for the removal of the 
duplicate filing of a direct-pay fee agreement with OGC.
    g. Estimated total annual reporting and recordkeeping burden: VA 
estimates a total annual burden reduction of 1950 hours for all 
respondents for the removal of the duplicate filing of a direct-pay fee 
agreement with OGC.

    Dated: February 5, 2014.

    By direction of the Secretary:
Crystal Rennie,
VA Clearance Officer, Department of Veterans Affairs.
[FR Doc. 2014-02798 Filed 2-7-14; 8:45 am]
BILLING CODE 8320-01-P