Privacy Act of 1974; System of Records, 23247-23252 [E9-11499]

Agencies

• DEPARTMENT OF VETERANS AFFAIRS

[Federal Register Volume 74, Number 94 (Monday, May 18, 2009)]
[Notices]
[Pages 23247-23252]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E9-11499]


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DEPARTMENT OF VETERANS AFFAIRS


Privacy Act of 1974; System of Records

AGENCY: Department of Veterans Affairs.

ACTION: Notice of amendment and republication of an existing system of 
records.

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SUMMARY: The Privacy Act of 1974 (5 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 
``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, Aug. 26, 1975; and amended in 47 FR 1460, Jan. 13, 1982, 
54 FR 30969, Jul. 25, 1989, 59 FR 47377, Sep. 15, 1994, and 67 FR 
54529, Aug. 22, 2002. VA is amending the system notice by (1) revising 
the System Name, System Location, Categories of Individuals Covered by 
the System, Categories of Records in the System, routine uses 2 and 5, 
and procedures for storage, retrievability, and safeguards; (2) 
rescinding routine use 8; and (3) adding a purpose data element and new 
routine uses 11 through 14. VA is republishing the system in its 
entirety.

DATES: Comments on the proposed amendments to this system of records 
must be received no later than June 17, 2009. If no public comments are 
received by this date, the amendments will become effective on June 17, 
2009.

ADDRESSES: Written comments may be submitted through https://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: Michael Daugherty (022G2), Staff 
Attorney, 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: 

I. Description of the System of Records

    The System of Records ``Current and Former Accredited 
Representative, Claims Agent, Representative and Claims Agent Applicant 
and Rejected Applicant and Attorney Records--VA'' (01VA022) contains 
VA's accreditation records. Accreditation means authorization by VA to 
assist claimants with the preparation, presentation, and prosecution of 
claims for veterans benefits. 38 CFR 14.627(a). VA accredits claims 
agents, attorneys, and representatives of recognized veterans service 
organizations to ensure that claimants for benefits have responsible, 
qualified representation before the Department. 38 CFR 14.626.
    Before granting accreditation, VA's Office of the General Counsel 
(OGC) verifies the training, qualifications, and character and fitness 
of prospective agents, attorneys, and representatives of veterans 
service organizations through an application process. 38 CFR 14.629. 
After accreditation, OGC monitors the conduct of individuals providing 
representation through communications with the individuals providing 
representation, claimants for benefits, and other VA offices. When 
appropriate, OGC initiates proceedings to suspend or cancel 
accreditation. 38 CFR 14.633.
    Statute and regulation provide a one-time exception to the 
requirement for formal VA accreditation in that an individual may 
provide representation on a particular claim before VA. 38 U.S.C. 5903; 
38 CFR 14.630. Although VA does not ``accredit'' such individuals based 
on a review of their personal qualifications, individuals providing 
representation under this provision must comply with the same standards 
of conduct for representation before VA as apply to claims agents and 
attorneys. 38 U.S.C. 5903(b). VA may suspend or cancel this 
authorization under the provisions of 38 CFR 14.633.
    VA last amended System of Records 01VA022 in December 2002. Since 
then, Congress has amended chapter 59 of title 38, United States Code, 
governing the accreditation of individuals for the preparation, 
presentation, and prosecution of claims for benefits before VA. See The 
Veterans Benefits, Health Care, and Information Technology Act of 2006, 
Public Law 109-461, section 101, 120 Stat. 3403 (2006). Several 
provisions of amended chapter 59 require collection, maintenance, and 
retrieval of information from new sources. In section 5904(a)(2), 
Congress directed that VA publish regulations requiring as a condition 
of accreditation for attorneys and agents, either a specific level of 
experience or the

[[Page 23248]]

completion of specialized training. In section 5904(a)(3), Congress 
directed VA to prescribe in regulations a requirement that agents and 
attorneys annually provide VA with status information regarding each 
jurisdiction in which they are admitted to practice. Section 5904(a)(4) 
provides that VA may not accredit agents and attorneys suspended or 
disbarred from practice by any court, bar, or other Federal or State 
agency.
    To implement these and other amendments to chapter 59 and to 
clarify and reorganize existing regulations, VA recently published 
regulations prescribing additional accreditation requirements. 73 FR 
29852, May 22, 2008. The combined effect of the new statutes and 
regulations is to significantly expand OGC's accreditation 
responsibilities. Accordingly, VA proposes to amend System of Records 
01VA022 to enable it to collect, manage, and retrieve individually-
identifiable personal information pertaining to prospective, current, 
and former accredited individuals to ensure that claimants for benefits 
continue to have responsible, qualified representation before VA.
    VA is revising the system name to more accurately reflect the 
purpose for which records within the system are maintained. Congress' 
recent amendments to chapter 59 and VA's subsequently published 
implementing regulations have expanded the scope of VA's accreditation 
program to include attorneys and individuals providing representation 
under 38 CFR 14.630. Accordingly, VA has revised the name of the system 
to the broader ``Accreditation Records--VA'' rather than simply adding 
categories of persons to the system name. Our intent in revising the 
system name to reflect its purpose is to make it easier for interested 
persons to identify the system.
    In a document published in the Federal Register on September 15, 
1994 (59 FR 47377), VA described the process by which the Veterans 
Benefits Administration (VBA) permitted individuals authorized to 
represent claimants before VA to have remote access to the records of 
the persons whom they represent. Since that time, VA has updated its 
information technology (IT) infrastructure, reorganized its IT 
workforce, and its process for granting remote access. This amendment 
describes the location of records maintained for purposes of granting 
remote access to veterans' information. It is important to note that 
although records relating to the remote access program are included in 
this system of records, they are not maintained by OGC. The system 
manager for remote access records in this system is the Director of 
VBA's Compensation and Pension Service.
    Each individual is granted remote access to data within VBA's 
Benefits Delivery Network (BDN) or Veterans Service Network (VETSNET) 
Corporate application only after accreditation by the Office of the 
General Counsel. Accredited individuals seeking remote access must 
first complete VA's Training, Responsibility, Involvement, and 
Preparation (TRIP) program training and VA's Information Security 
Awareness training as a condition of being granted remote access. 
Following completion of required training, accredited individuals 
submit a request for local area network (LAN) access and a Common 
Security User Manager (CSUM) profile to the Facility Information 
Security Officer (FISO). After the FISO's review and VA Regional Office 
(VARO) Director's approval, the request goes to the Consultant, 
Compensation and Pension Interagency Sharing Staff (Consultant) for 
assignment of a unique code which identifies the accredited individual 
and limits his or her access to only those claimant records similarly 
identified. After the code has been created, the Consultant notifies 
the FISO so that the code can be included in the CSUM profile. After 
confirmation of code assignment, VA IT administrators or VARO LAN 
administrators create the appropriate profiles with approved access.
    Accredited individuals granted remote access privileges to VBA's 
BDN or VETSNET data access VA's Wide Area Network through the VA Remote 
Enterprise Security Compliance Update Environment (RESCUE) Virtual 
Private Network (VPN) secure connection. From there, the request is 
routed to the Hines Citrix terminal server which provides access to the 
VBA applications. To ensure the security of the various systems, the 
FISOs and VARO IT system administrators monitor daily use of the Common 
Security Service (CSS) passwords and can request immediate reports for 
any apparent security violations. Security logs are maintained by the 
respective VARO FISO. All CSS records for application access are 
maintained in the Corporate database at the Austin Information 
Technology Center (AITC) in Austin, Texas. VA maintains remote access 
credentials on the LAN at each of the 58 VAROs, the Records Management 
Center, and at VBA's Central Office at 1800 G Street, Washington, DC, 
depending on the location at which the request for remote access was 
processed. All security violations and security profiles are maintained 
on the Corporate database at the AITC.
    Changes noted under the Categories of Individuals Covered by the 
System and Categories of Records in the System headings reflect the 
addition of certain information on attorneys and individuals to the 
system of records, clarify the system description, and update the 
system description for consistency with current form designations.
    Paragraphs (1) through (3) under the Categories of Individuals 
Covered by the System heading are revised to indicate that the system 
of records includes claims agents, attorneys, representatives of 
veterans service organizations, and individuals providing 
representation on a particular claim. Paragraphs (1) through (3) 
clarify that the system of records covers those persons mentioned above 
in all stages of the accreditation process beginning with the 
application and continuing beyond active accreditation. It includes 
those who have applied for accreditation, are currently accredited, and 
those who were formerly accredited. It is necessary to include the 
records of those formerly accredited to prevent VA from mistakenly 
granting accreditation to persons whose accreditation was suspended, 
cancelled, or who resigned in order to prevent suspension or 
cancellation of accreditation.
    Paragraph (4) under the Categories of Individuals Covered by the 
System heading is revised to reflect amendments to chapter 59 and 
implementing regulations providing that representatives of veterans 
service organizations and individuals providing representation on a 
particular claim are subject to suspension or cancellation of 
accreditation on the same basis as applies to agents and attorneys. 38 
U.S.C. 5902-5903. New paragraph (4) reflects records that OGC maintains 
on agents and attorneys, and additional records that it will maintain 
under recent regulations.
    VA proposes to add a paragraph (5) under the Categories of 
Individuals Covered by the System heading to reflect the fact that OGC 
frequently receives communications from veterans, other VA offices, and 
individuals not accredited by VA inquiring as to whether specific acts 
require accreditation by VA and whether specific persons are accredited 
by VA for purposes of representation.
    VA is amending three paragraphs under the Categories of Records in 
the System heading. Paragraph (5) is revised to include information 
collected for purposes of attorney accreditation.

[[Page 23249]]

Paragraph (6) is revised to reflect that VA has new form numbers for 
the applications for accreditation of service organization 
representatives, and for claims agents and attorneys to represent 
veterans before VA. The language of paragraph (7) is revised to cover 
information regarding individuals authorized to provide representation 
on a particular claim before VA. Paragraph (8) is revised to include 
records involved in an inquiry as to the fitness of individuals 
authorized to represent individuals before VA on a one-time basis. 
Finally, a new paragraph (12) is added to cover records generated by 
inquiries to VA as to whether specific acts require accreditation by VA 
and whether specific persons are accredited by VA for purposes of 
representation.
    VA is revising the authority for maintenance of the system to 
reflect changes made by Public Law 109-461 by adding references to 
sections 5901 and 5903 of title 38, United States Code.
    A new section describing the purpose of the system of records is 
added to comply with Sec.  3.12 of the National Archives and Records 
Administration's Federal Register Document Drafting Handbook. The 
purpose of this system of records is to enable VA to collect, maintain, 
and retrieve the individually identifiable information necessary to 
ensure that claimants for veterans benefits have responsible, qualified 
representation. 38 CFR 14.626.

II. Proposed Amendments to Routine Use Disclosures of Data in the 
System

    VA is revising routine use 2 to allow for the disclosure of any 
information in the system of records relating to violations of law to a 
broad range of appropriate authorities such as the Federal Trade 
Commission, State insurance regulators, State attorney licensing 
authorities, and State Attorneys General or other State law enforcement 
authorities. VA is revising routine use 5 to clarify that the name, 
address, and phone number of agents, attorneys, and accredited 
representatives will be disclosed to the public to assist veterans in 
finding qualified representation. VA is rescinding routine use 8 
because the authority for such disclosure is now encompassed within new 
routine use 2. VA has redesignated routine uses 9 through 11 as routine 
uses 8 through 10. VA has revised newly redesignated routine use 8 to 
allow for disclosure to the Department of Justice or other appropriate 
entities in litigation in defense of the United States. Timely 
disclosure in such matters assists the United States, plaintiffs, and 
the courts by not delaying court proceedings for want of records. VA is 
adding routine use 11 to allow disclosure of information in the system 
to the National Archives and Records Administration to facilitate the 
inspection of VA records management systems. VA is adding routine use 
12 to allow it to disclose any information in the system to any 
individual, organization, or agency with whom it has a contract or 
agreement when such disclosure is necessary for performance of the 
contract or agreement. VA is adding routine use 13 to allow disclosure 
of any information in the system to other Federal agencies for the 
purpose of assisting agencies in detecting fraud and abuse in their 
programs. VA is adding routine use 14 to allow disclosure to 
appropriate authorities to enable VA to respond to and mitigate the 
harm resulting from any breach of the system of records; this routine 
use is promulgated in order to meet VA's statutory duties under 38 
U.S.C. 5724 and the Privacy Act, 5 U.S.C. 552a, as amended.

III. Compatibility of the Proposed Routine Uses

    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 publish 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: April 30, 2009.
John R. Gingrich,
Chief of Staff, Department of Veterans Affairs.
01VA022

SYSTEM NAME:
    Accreditation Records--VA.

SYSTEM LOCATION:
    Records are maintained in the Office of General Counsel (022), and 
in the Veterans Benefits Administration (215A), VA Central Office, 
Washington, DC 20420. Records will also be maintained in Veterans 
Benefits Administration Regional Offices, Regional Counsel Offices, and 
the Facility Information Security Offices of the Office of Information 
& Technology's Field Security Service. Records also will be maintained 
in the Austin Information Technology Center in Austin, TX. Address 
locations are listed in VA's ``Facility and Locator Directory'' at 
https://www1.va.gov/directory/guide/home.asp.

CATEGORIES OF INDIVIDUALS COVERED BY THE SYSTEM:
    (1) Persons who have applied for accreditation by VA, are currently 
accredited by VA, or were previously accredited by VA to represent 
claimants as claims agents or attorneys; (2) individuals who have 
applied for accreditation by VA, are currently accredited by VA, or 
were previously accredited by VA to provide representation on a 
particular claim; (3) individuals recommended for VA accreditation by a 
recognized veterans service organization, currently accredited by VA as 
a service organization representative or were previously accredited by 
VA as a service organization representative; (4) claims agents, 
attorneys, accredited representatives, and individuals providing 
representation on a particular claim who have been the subject of 
correspondence, investigations, or proceedings relating to their 
fitness to represent claimants for benefits before VA; and (5) 
individuals, acting alone, or as part of organizations, not accredited 
by VA, who have been the subject of correspondence or investigations as 
to the legality of their representation of claimants for VA benefits.

CATEGORIES OF RECORDS IN THE SYSTEM:
    Records (or information contained in records) in this system may 
include: (1) Name and other identifying information; (2) address; (3) 
service organization affiliations; (4) claims agent examination and 
grade; (5) correspondence concerning prospective, present, or former 
claims agents, attorneys, and accredited representatives, including 
attorney and claims agent recommendations and evaluations from third 
parties; (6) VA Forms 2-21 (former Application for Accreditation as 
Service Organization Representative) 21 (Application for Accreditation 
as Service Organization Representative), and 21a (Application for 
Accreditation as a Claims Agent or Attorney); (7) correspondence 
concerning a prospective, present, or former individual providing

[[Page 23250]]

representation in a particular claim; (8) investigative reports, 
correspondence and other information concerning the fitness of a 
prospective, present, or former claims agent, attorney, accredited 
representative, or individual providing representation in a particular 
claim; (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; (10) information 
concerning an individual's exercise of remote access privileges to the 
Veterans Benefits Administration automated claim records, including 
identification codes and codes used to access various VA automated 
communications systems and records systems, as well as security 
profiles and possible security violations; (11) information, documents, 
correspondence, and decisions relating to the application for, and the 
grant, denial, suspension, or revocation of an individual's privilege 
of remote access to Veterans Benefits Administration automated claim 
records; (12) information, documents, correspondence, and decisions 
regarding the legality of representation provided to claimants seeking 
benefits by unaccredited individuals.

AUTHORITY FOR MAINTENANCE OF THE SYSTEM:
    Title 38, United States Code, Sections 501(a), 5901, 5902, 5903 and 
5904.

PURPOSE(S):
    The information collected in the system is used to ensure that 
claimants for veterans benefits have qualified, competent 
representation. The information will be used to determine whether a 
person is qualified to represent claimants before VA and, once 
accredited, whether a person may continue to represent claimants before 
VA.

ROUTINE USES OF RECORDS MAINTAINED IN THE SYSTEM, INCLUDING CATEGORIES 
OF USERS AND THE PURPOSES OF SUCH USES:
    1. The record of an individual who is covered by this system may be 
disclosed to a member of Congress, or a staff person acting for the 
member, when the member or staff person requests the record on behalf 
of and at the request of that individual.
    2. VA may disclose on its own initiative any information in the 
system, except the names and home addresses of veterans and their 
dependents, that is relevant to a suspected or reasonably imminent 
violation of the law whether civil, criminal, or regulatory in nature 
and whether arising by statute, regulation, rule, or order issued 
pursuant thereto, to a Federal, state, local, tribal, or foreign agency 
charged with the responsibility of investigating or prosecuting such 
violation, or charged with enforcing or implementing the statute, 
regulation, rule, or order. VA may also disclose on its own initiative 
the names and addresses of veterans and their dependents to a Federal 
agency charged with the responsibility of investigating or prosecuting 
civil, criminal, or regulatory violations of law, or charged with 
enforcing or implementing the statute, regulation, or order issued 
pursuant thereto.
    3. The name and address of a veteran which is relevant to a 
suspected violation or reasonably imminent violation of law, whether 
civil, criminal or regulatory in nature and whether arising by general 
or program statute or by regulation, rule or order issued pursuant 
thereto, may be disclosed to a Federal agency charged with the 
responsibility of investigating or prosecuting such violation, or 
charged with enforcing or implementing the statute, regulation or order 
issued pursuant thereto, in response to its official request.
    4. The name and address of a veteran, which is relevant to a 
suspected violation or reasonably imminent violation of law concerning 
public health or safety, whether civil, criminal or regulatory in 
nature whether arising by general or program statute or by regulation, 
rule or order issued pursuant thereto, may be disclosed to any foreign, 
State or local governmental agency or instrumentality charged under 
applicable law with the protection of the public health or safety if a 
qualified representative of such organization, agency or 
instrumentality has made a written request that such name and address 
be provided for a purpose authorized by law.
    5. The name, business address, phone number, and service 
organization affiliation(s) of claims agents, attorneys, and accredited 
representatives may be disclosed to requesting service organizations, 
claimants for benefits, and the general public in order to aid the 
requestor in verifying the identity and service organization 
affiliation of the accredited representative.
    6. Listings containing the names, business addresses, and status of 
accreditation of present and former accredited representatives may be 
provided to recognized service organizations.
    7. The name and address of a prospective, present, or former 
accredited representative, and any information concerning such 
accredited representative which is relevant to a refusal to grant 
accreditation, or a potential or past suspension or termination of 
accreditation of such representative, may be disclosed to the service 
organization(s) with whom the representative is affiliated.
    8. VA may disclose information from this system of records to the 
Department of Justice (DoJ), either on VA's initiative or in response 
to DoJ's request for the information, after either VA or DoJ determines 
that such information is relevant to DoJ's representation of the United 
States or any of its components in legal proceedings before a court or 
adjudicative body, provided that, in each case, the agency also 
determines prior to disclosure that release of the records to DoJ is a 
use of the information contained in the records that is compatible with 
the purpose for which VA collected the records. VA, on its own 
initiative, may also disclose records in this system of records in 
legal proceedings before a court or administrative body after 
determining that the disclosure of the records to the court or 
administrative body is a use of the information contained in the 
records that is compatible with the purpose for which VA collected the 
records.
    9. VA 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 claimants and their dependents to licensing organizations 
pursuant to this routine use.
    10. VA 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

[[Page 23251]]

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 claimants and their dependents 
pursuant to this routine use.
    11. Disclosure may be made to the National Archives and Records 
Administration (NARA) and the General Services Administration (GSA) in 
records management inspections conducted under the authority of chapter 
29 of title 44, United States Code.
    12. Disclosure of relevant information may be made to individuals, 
organizations, private or public agencies, or other entities with whom 
VA has a contract or agreement or where there is a subcontract to 
perform such services as VA may deem practicable for the purposes of 
laws administered by VA, in order for the contractor or subcontractor 
to perform the services of the contract or agreement.
    13. Disclosure to other Federal agencies may be made to assist such 
agencies in preventing and detecting possible fraud or abuse by 
individuals in their operations and programs.
    14. VA may, on its own initiative, disclose any information or 
records to appropriate agencies, entities, and persons when (1) VA 
suspects or has confirmed that the integrity or confidentiality of 
information in the system of records has been compromised; (2) the 
Department has determined that as a result of the suspected or 
confirmed compromise, there is a risk of embarrassment or harm to the 
reputations of the record subjects, harm to economic or property 
interests, identity theft or fraud, or harm to the security, 
confidentiality, or integrity of this system or other systems or 
programs (whether maintained by the Department or another agency or 
entity) that rely upon the potentially compromised information; and (3) 
the disclosure is to agencies, entities, or persons whom VA determines 
are reasonably necessary to assist or carry out the Department's 
efforts to respond to the suspected or confirmed compromise and 
prevent, minimize, or remedy such harm. This routine use permits 
disclosures by the Department to respond to a suspected or confirmed 
data breach, including the conduct of any risk analysis or provision of 
credit protection services as provided in 38 U.S.C. 5724, as the terms 
are defined in 38 U.S.C. 5727.

POLICIES AND PRACTICES FOR STORING, RETRIEVING, ACCESSING, RETAINING, 
AND DISPOSING OF RECORDS IN THE SYSTEM:
STORAGE:
    Active records are maintained in individual folders stored in file 
cabinets. File cards with name and business addresses of individuals 
previously covered by this system are maintained in file cabinets; 
these records and those of newly accredited persons are also maintained 
in an electronic database. Listings of claim agents, attorneys, and 
accredited representatives are maintained both on magnetic disk and in 
hard copy in file cabinets. Identification codes and codes used to 
access various VA automated communications systems and records systems, 
as well as security profiles and possible security violations, are 
maintained on magnetic media in a secured environment within VA 
workspaces. Hard copies are maintained in locked containers.

RETRIEVABILITY:
    Records and electronic files are maintained in alphabetical order 
by last name of the individuals covered by this system. A searchable 
list of claims agents, attorneys, and accredited representatives is 
available at OGC's internet Web site https://www.va.gov/ogc/apps/accreditation/. Information concerning possible security 
violations associated with exercise or remote access privileges is 
retrieved by individual assignment numbers. Information concerning 
individual security profiles and codes assigned to an individual for 
that person to obtain access to various computer systems is retrieved 
by the individual's assignment number.

SAFEGUARDS:
    1. This list of safeguards furnished in this System of Record is 
not an exclusive list of measures that has been, or will be, taken to 
protect individually-identifiable information.
    VA will maintain the data in compliance with applicable VA security 
policy directives that specify the standards that will be applied to 
protect sensitive personal information. Security complies with 
applicable Federal Information Processing Standards (FIPS) issued by 
the National Institute of Standards and Technology (NIST). Access to 
and use of these records are limited to those persons whose official 
duties require such access. Personnel screening is employed to prevent 
unauthorized disclosure.
    2. Access to Automated Data Processing files is controlled at two 
levels: (1) Terminals, central processing units, and peripheral devices 
are generally placed in secure areas (areas that are locked or have 
limited access) or are otherwise protected; and (2) the system 
recognizes authorized users by means of an individually unique password 
entered in combination with an individually unique user identification 
code.
    3. Access to automated records concerning identification codes and 
codes used to access various VA automated communications systems and 
records systems, as well as security profiles and possible security 
violations is limited to designated automated systems security 
personnel who need to know the information in order to maintain and 
monitor the security of the VA's automated communications and veterans' 
claim records systems. Access to these records in automated form is 
controlled by individually unique passwords/codes. Agency personnel may 
have access to the information on a need to know basis when necessary 
to advise agency security personnel or for use to suspend or revoke 
access privileges or to make disclosures authorized by a routine use.
    4. Access to VA facilities where records, identification codes, 
passwords, security profiles and possible security violations are 
maintained is controlled at all hours by the Federal Protective 
Service, VA, or other security personnel and security access control 
devices.

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

SYSTEM MANAGER(S) AND ADDRESS:
    Assistant General Counsel (022), 810 Vermont Ave., NW., Washington, 
DC 20420; Director, Compensation and Pension Service (21), 810 Vermont 
Ave., NW., Washington, DC 20420.

NOTIFICATION PROCEDURE:
    An individual who wishes to determine whether a record is being 
maintained by the Assistant General Counsel under his or her name or 
other personal identifier, or wants to determine the contents of such 
records should submit a written request to the Assistant General 
Counsel (022), 810 Vermont Ave., NW., Washington, DC 20420. For 
requests concerning remote access program records, an individual should 
submit a written request to the Director, Compensation and Pension 
Service (21), 810 Vermont Ave., NW., Washington, DC 20420.

[[Page 23252]]

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 must contain a reasonable 
description of the records requested and 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. For requests concerning remote access 
program records, an individual should submit a written request to: 
FOIA/PA (20M33), Veterans Benefits Administration, 810 Vermont Ave., 
NW., Washington, DC 20420.

CONTESTING RECORD PROCEDURES:
    See Records Access Procedures above.

RECORD SOURCE CATEGORIES:
    Applications for accreditation of individuals, correspondence with 
and updates from accredited individuals, investigative materials, and 
recommendations and correspondence from service organizations and third 
parties.

EXEMPTIONS CLAIMED FOR THE SYSTEM:
    None.

[FR Doc. E9-11499 Filed 5-15-09; 8:45 am]
BILLING CODE 8320-01-P