Privacy Act of 1974; Amendment of System of Records, 77205-77207 [2013-30227]

Agencies

• DEPARTMENT OF VETERANS AFFAIRS

[Federal Register Volume 78, Number 245 (Friday, December 20, 2013)]
[Notices]
[Pages 77205-77207]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2013-30227]


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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: 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 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: 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