[Federal Register Volume 78, Number 245 (Friday, December 20, 2013)]
[Notices]
[Pages 77205-77207]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2013-30227]
-----------------------------------------------------------------------
DEPARTMENT OF VETERANS AFFAIRS
Privacy Act of 1974; Amendment of System of Records
AGENCY: Department of Veterans Affairs.
ACTION: Notice.
-----------------------------------------------------------------------
SUMMARY: The Privacy Act of 1974, at 5 United States Code (U.S.C.)
552a(e)(4), requires that all agencies publish in the Federal Register
a notice of the existence and character of their records. The
Department of Veterans Affairs (VA) gives notice that it is amending
the system of records entitled ``Accreditation Records-VA'' (01VA022)
as set forth in the Federal Register, 40 FR 38095, August 26, 1975; and
amended in 47 FR 1460, January 13, 1982, 54 FR 30969, July 25, 1989, 59
FR 47377, September 15, 1994, 67 FR 54529, August 22, 2002, and 74 FR
23247, May 18, 2009. VA is amending the system notice by adding new
routine uses 15, 16, and 17.
DATES: Comments on the proposed amendments to this system of records
must be received no later than January 21, 2014. If no public comments
are received by this date, the amendments will become effective on
January 21, 2014.
ADDRESSES: Written comments may be submitted through http://www.Regulations.gov; by mail or hand-delivery to the Director,
Regulation Policy and Management (02REG), Department of Veterans
Affairs, 810 Vermont Ave. NW., Room 1068, Washington, DC 20420; or by
fax to (202) 273-9026. Copies of comments received will be available
for public inspection in the Office of Regulation Policy and
Management, Room 1063B, between the hours of 8 a.m. and 4:30 p.m.,
Monday through Friday (except holidays). Please call (202) 461-4902 for
an appointment. In addition, during the comment period, comments may be
viewed online through the Federal Docket Management System (FDMS).
FOR FURTHER INFORMATION CONTACT: Ken Lee (022D), Deputy Assistant
General Counsel, Professional Staff Group II, Office of the General
Counsel, Department of Veterans Affairs, 810 Vermont Avenue NW.,
Washington, DC 20420, (202) 461-7699.
SUPPLEMENTARY INFORMATION: By statute, VA is required to ensure that,
in presenting their claims, VA claimants have access to competent
representation by individuals of good character and reputation. 38
U.S.C. 5904(a). Therefore, individuals wishing to represent claimants
before VA must be authorized to do so. 38 CFR 14.626. This
authorization is known as accreditation. The System of Records
``Accreditation Records-VA'' (01VA022) contains VA's accreditation
records.
I. Applicants for VA Accreditation
VA accredits claims agents, attorneys, and representatives of
recognized veterans service organizations to ensure that claimants for
VA benefits have responsible, qualified representation before the
Department. 38 CFR 14.626. An individual seeking VA accreditation as an
attorney or claims agent is required to establish his or her fitness to
[[Page 77206]]
practice before VA, which means that ``he or she is of good character
and reputation, is qualified to render valuable assistance to
claimants, and is otherwise competent to advise and assist claimants in
the preparation, presentation, and prosecution of their claim(s) before
[VA].'' 38 CFR 14.629(b)(2). With this in mind, VA requires that an
applicant for accreditation as an attorney or claims agent provide VA
with information regarding his or her background, including prior
criminal acts, pending criminal charges, and instances of professional
misconduct. 38 CFR 14.629(b).
VA acknowledges that an applicant for VA accreditation may choose
not to be entirely forthcoming and truthful regarding matters that may
call into question his or her fitness to practice before VA. Therefore,
it may be necessary for VA to independently verify or obtain certain
background information. Such verification often takes the form of a
criminal background check or other similar inquiry to a third party.
In order to comply with the Privacy Act of 1974, rather than
securing background checks from law enforcement agencies or other third
party sources directly, VA's current practice is to request that the
applicant provide copies of background checks from Federal and state
law enforcement authorities. Having to make such requests delays the
processing of applications for accreditation, while not having the
information at all impedes VA's efforts to ensure that claimants
receive appropriate representation. In order to facilitate the use of
third parties or entities to conduct background checks, VA requires the
ability to release information from its accreditation system of records
to these third parties and entities.
II. Accredited and Non-Accredited Individuals
The requirement of demonstrating fitness to practice before VA is
ongoing and an individual's accreditation, once granted, is subject to
suspension or cancellation if the VA General Counsel determines, by
clear and convincing evidence, that an accredited individual is
involved in any unlawful, unprofessional, or unethical practice that
adversely affects the individual's fitness to practice before VA. 38
CFR 14.633(c). Moreover, an individual who is not accredited by VA
cannot lawfully assist claimants with their claims for VA benefits.
Under current law, ``upon [VA's] receipt of credible written
information from any source indicating improper conduct, or
incompetence [of an accredited individual], the Assistant General
Counsel of jurisdiction shall inform the subject of the allegations
about the specific law, regulation, or policy alleged to have been
violated or the nature of the alleged incompetence and the source of
the complaint, and shall provide the subject with the opportunity to
respond.'' 38 CFR 14.633(e). If the accredited individual responds to
the allegations contained in the complaint, VA may provide to the
complainant information in the accredited individual's response to
facilitate resolution of the issues. VA often uses similar procedures
with regard to complaints concerning the legality of representation
provided to a VA claimant by an individual, acting alone or as part of
an organization, who is not accredited by VA.
In order to comply with the Privacy Act of 1974, upon receipt of a
response from the subject of the allegation, VA must send a release
form to that individual and wait for it to be completed and returned
before VA can inform the complainant of information contained in the
response and proceed with resolution of the complaint. If the
individual chooses not to complete the release form, VA may be
precluded from disclosing the individual's response to the complainant
for reply. Therefore, individuals who are the subject of a complaint
would lack incentive to complete the release form and return it to VA,
which hinders VA's ability to obtain all information necessary in
deciding whether to initiate proceedings to suspend or cancel an
individual's accreditation pursuant to 38 CFR 14.633 or to determine
whether to refer a matter involving a possible violation of the law to
a Federal, state, local, tribal, or foreign agency charged with the
responsibility of investigating or prosecuting such violation.
Additional Routine Uses
Accordingly, to ensure that VA claimants receive responsible,
quality representation before the Department, VA is adding routine uses
15,16, and 17 to allow the disclosure of information in this system (1)
to third parties for the purpose of conducting background checks or
obtaining other relevant information regarding the qualifications of
applicants for accreditation; (2) to individuals who submit a credible
written complaint about an accredited individual's fitness to represent
VA claimants; or (3) to individuals who submit a credible written
complaint about the legality of representation provided to a VA
claimant by a non-accredited individual.
Release of information from these records, pursuant to routine
uses, will be made only in accordance with the provisions of the
Privacy Act of 1974. The Privacy Act of 1974 permits agencies to
disclose information about individuals, without their consent, for a
routine use when the information will be used for a purpose for which
the information was collected. VA has determined that the disclosure of
information for the above purposes in the proposed amendment to routine
uses is a proper and necessary use of the information collected by the
system ``Accreditation Records-VA.'' The report of intent to amend the
system of records and an advance copy of the system notice have been
sent to the appropriate Congressional committees and to the Director of
the Office of Management and Budget (OMB) as required by 5 U.S.C.
552a(r) (Privacy Act) and guidelines issued by OMB (65 FR 77677,
December 12, 2000).
Approved: November 26, 2013.
Jose D. Riojas,
Chief of Staff, Department of Veterans Affairs.
01VA022
SYSTEM NAME:
Accreditation Records--VA.
ROUTINE USES OF RECORDS MAINTAINED IN THE SYSTEM, INCLUDING CATEGORIES
OF USERS AND THE PURPOSES OF SUCH USES:
* * * * *
15. VA may disclose the name, address, date of birth, and any other
identifying information of any prospective, present, or former
accredited representative, claims agent, attorney, or individual
providing representation on a particular claim to a third-party
individual or entity for the purpose of conducting a background check
or to obtain information about the individual's present or past
conduct, activities, licenses, or other information that may have a
bearing on a determination of the individual's fitness to represent or
to continue representing claimants before VA.
16. VA may disclose the name and address of any prospective,
present, or former accredited representative, claims agent, attorney,
or individual providing representation on a particular claim who is the
subject of correspondence, an investigation, or a proceeding relating
to his or her fitness to represent claimants for VA benefits, and any
information concerning such individual that relates to unlawful,
unprofessional, or unethical actions by that individual or to VA's
possible denial, cancellation,
[[Page 77207]]
suspension, or termination of the individual's VA accreditation, or to
both, where applicable, to an individual or entity from whom VA has
received a credible written complaint about the accredited individual's
fitness to represent VA claimants.
17. VA may disclose the name and address of any individual (acting
alone or as part of an organization) not accredited by VA who is the
subject of correspondence, an investigation, or proceeding relating to
the legality of representation provided by such individual to claimants
for VA benefits, and any information concerning such individual that
relates to unlawful, unprofessional, or unethical actions by that
individual to an individual or entity from whom VA has received a
credible written complaint about the legality of representation
provided by the non-accredited individual.
[FR Doc. 2013-30227 Filed 12-19-13; 8:45 am]
BILLING CODE 8320-01-P