[Federal Register Volume 84, Number 143 (Thursday, July 25, 2019)]
[Notices]
[Pages 35931-35932]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-15783]


-----------------------------------------------------------------------

DEPARTMENT OF VETERANS AFFAIRS

[OMB Control No. 2900-0605]


Agency Information Collection Activity: Application for 
Accreditation as a Claims Agent or Attorney, Filing of Representatives' 
Fee Agreements and Motions for Review of Such Fee Agreements

AGENCY: Office of General Counsel, Department of Veterans Affairs.

ACTION: Notice.

-----------------------------------------------------------------------

SUMMARY: The Office of General Counsel (OGC), Department of Veterans 
Affairs (VA), is announcing an opportunity for public comment on the 
proposed collection of certain information by the agency. Under the 
Paperwork Reduction Act (PRA) of 1995, Federal agencies are required to 
publish notice in the Federal Register concerning each proposed 
collection of information, including each proposed extension of a 
currently approved collection, and allow 60 days for public comment in 
response to the notice.

DATES: Written comments and recommendations on the proposed collection 
of information should be received on or before September 23, 2019.

ADDRESSES: Submit written comments on the collection of information 
through Federal Docket Management System (FDMS) at www.Regulations.gov 
or to Jonathan Taylor, Office of General Counsel (022D), Department of 
Veterans Affairs, 810 Vermont Avenue NW, Washington, DC 20420 or email 
to [email protected]. 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: Jonathan Taylor at (202) 461-7699 or 
FAX (202) 273-6404.

SUPPLEMENTARY INFORMATION: Under the PRA of 1995, Federal agencies must 
obtain approval from the Office of Management and Budget (OMB) for each 
collection of information they conduct or sponsor. This request for 
comment is being made pursuant to Section 3506(c)(2)(A) of the PRA.
    With respect to the following collection of information, OGC 
invites comments on: (1) Whether the proposed collection of information 
is necessary for the proper performance of OGC's functions, including 
whether the information will have practical utility; (2) the accuracy 
of OGC's estimate of the burden of the proposed collection of 
information; (3) ways to enhance the quality, utility, and clarity of 
the information to be collected; and (4) ways to minimize the burden of 
the collection of information on respondents, including through the use 
of automated collection techniques or the use of other forms of 
information technology.
    Authority: 38 U.S.C. 5901, 5904; 38 CFR 14.629, 14.636.
    Title: Application for Accreditation as a Claims Agent or Attorney, 
Filing of Representatives' Fee Agreements and Motions for Review of 
Such Fee Agreements.
    OMB Control Number: 2900-0605.
    Type of Review: Reinstatement of a previously approved collection.
    Abstract: Applicants seeking accreditation as claims agents or 
attorneys to represent benefits claimants before VA must complete VA 
Form 21a. The applicant is required to file the application with OGC to 
establish initial eligibility for accreditation. The information 
requested includes basic identifying information, as well as certain 
information concerning training and experience, military service, and 
employment. The information is used to evaluate qualifications, ensure 
against conflicts of interest, and to establish that statutory and 
regulatory eligibility requirements, e.g., good character and 
reputation, are met. If a potential area of concern is identified on 
the application, additional information may be requested. Applicants 
who become accredited as agents and attorneys may not lawfully 
represent claimants without completing and maintaining accreditation 
requirements. The data is used to determine the applicant's eligibility 
for accreditation as a claims agent or attorney. The information 
collected with regard to an attorney or agent's good standing with 
other courts, bars, and Federal and State agencies and completion of 
their ongoing CLE requirements is used by OGC in monitoring accredited 
attorneys and agents to determine whether they continue to have the 
appropriate character and reputation and that they remain fit to 
prepare, present, and prosecute VA benefit claims.
    The data collected under Filing of Representatives' Fee Agreements 
is used by OGC to associate the fee agreement

[[Page 35932]]

with the attorney or agent of record and for potential use in a 
reasonableness review. The fee agreement information is used by VA's 
Veterans Benefits Administration (VBA) to associate the fee agreement 
with the claimant's claims file for potential use in processing as the 
direct payment of a fee from the claimant's past-due benefits award. 
The information provided in the fee agreements are used by both VBA and 
OGC to determine whether they are in compliance with the statutes and 
regulations governing paid representation. The data collected under 
Motions for Review of Such Fee Agreements is used when a motion is 
filed by a claimant or raised sua sponte by VA to determine the 
reasonableness of an agent or attorney fee from a claimant's award of 
VA benefits. Also, when a claimant receives an award of benefits and 
has retained more than one attorney or agent who has been found 
eligible for direct payment of fees, the data is used to determine each 
of the attorney's or agent's contribution to and responsibility for the 
ultimate outcome of the claimant's claim.
    Affected Public: Individuals and businesses or other for-profit 
organizations.
    Estimated Annual Burden:
    a. Application for Accreditation as a Claims Agent, VA Form 21a: 
2,137.5 hours (975 hours for initial responses by attorneys, 225 hours 
for initial responses by non-attorneys, 187.5 hours for follow up 
responses by non-attorneys, and 750 hours for recertifications by 
accredited attorneys and agents)
    b. Filing of Representatives' Fee Agreements: 3,125 hours (750 
hours for first time filers and 2,375 hours for repeat filers).
    c. Motions for Review of Such Fee Agreements: 420 hours.
    Estimated Average Burden per Respondent:
    a. Application for Accreditation as a Claims Agent or Attorney, VA 
Form 21a: 20 minutes (45 minutes for initial responses by attorneys, 45 
minutes for initial responses by non-attorneys, 45 minutes for follow 
up responses by non-attorneys, and 10 minutes for recertifications by 
accredited attorneys and agents)
    b. Filing of Representatives' Fee Agreements: 13 minutes (1 hour 
for first time filers and 10 minutes for repeat filers).
    c. Motions for Review of Such Fee Agreements: 2 hours.
    Frequency of Response: One time.
    Estimated Number of Respondents:
    a. Application for Accreditation as a Claims Agent, VA Form 21a: 
6,350 (1,300 initial responses by attorneys, 300 initial responses by 
non-attorneys, 250 follow up responses by non-attorneys, and 4,500 
recertifications by accredited attorneys and agents).
    b. Filing of Representatives' Fee Agreements: 15,000 (750 first 
time filers and 14,250 repeat filers).
    c. Motions for Review of Such Fee Agreements: 210.

    By direction of the Secretary.
Danny S. Green,
VA Interim Clearance Officer, Office of Quality, Performance and Risk, 
Department of Veterans Affairs.
[FR Doc. 2019-15783 Filed 7-24-19; 8:45 am]
BILLING CODE 8320-01-P