Privacy Act: Systems of records,

[Federal Register: July 14, 1998 (Volume 63, Number 134)]

[Notices]

[Page 37941-37942]

From the Federal Register Online via GPO Access [wais.access.gpo.gov]

[DOCID:fr14jy98-140]

DEPARTMENT OF VETERANS AFFAIRS

Privacy Act of 1974, Addition of Routine Use to Three Systems of Records

ACTION: Notice.

SUMMARY: As required by the Privacy Act of 1974, 5 U.S.C. 552a(e), notice is hereby given that the Department of Veterans Affairs (VA) proposes to add a routine use to three existing systems of records.

DATES: The proposed routine use will be effective 30 calendar days from the date of this publication July 14, 1998, unless comments are received before this date which would result in a contrary determination.

ADDRESSES: Interested persons are invited to submit written comments, suggestions, or objections regarding the proposed amended routine use statements to the Director, Office of Regulations Management (02D), Department of Veterans Affairs, 810 Vermont Avenue, NW., Room 1154, Washington, DC 20420. All relevant material received before August 13, 1998, will be considered. All written comments received will be available for public inspection at the above address in the Office of Regulations Management, Room 1158, between the hours of 8:30 a.m. and 4 p.m., Monday through Friday, except holidays.

FOR FURTHER INFORMATION CONTACT: Thomas D. Roberts, Deputy Chief Counsel, Board of Veterans' Appeals (01C3), Department of Veterans Affairs, 810 Vermont Avenue, NW., Washington, DC 20420, (202) 565-5978.

SUPPLEMENTARY INFORMATION: Under current law and regulations, VA reviews fee agreements between beneficiaries and attorneys for two reasons: to award attorney fees out of a beneficiary's past-due benefits (38 U.S.C. 5904(d)) and to review fee agreements between a beneficiary and an attorney under 38 U.S.C. 5904(c)(2). Both actions are taken by the Board of Veterans' Appeals. In either instance, VA regulations (for example, 38 CFR 20.609) and principles of due process require that both the beneficiary and the attorney have notice and a right to present evidence and/or argument before the Board makes a decision. Because the nature of representation before VA includes waiver of Privacy Act provisions, there is generally no legal bar to providing a representative the information necessary to make whatever presentation is appropriate--for example, notice of an award of past- due benefits.

In some cases, a beneficiary, for a number of possible reasons, will have discharged the attorney prior to the Board's action. VA's General Counsel has ruled that, under some circumstances, a discharged attorney may be paid a fee out of past-due benefits awarded to the beneficiary. VAOPGREC 22-95, 61 FR 10063, 10064 (Mar. 12, 1996). Similarly, the Board could be required to review an agreement for reasonableness after the attorney has been discharged. In either case, because of Privacy Act restrictions, the Board is required to contact the beneficiary to obtain permission to provide proper notice to the attorney.

This routine use would permit VA to disclose information to former representatives to the extent necessary to develop and adjudicate a claim for payment of attorney fees from past-due benefits or to review a fee agreement. VA would not be permitted to release a beneficiary's address under this routine use.

VA has determined that release of information under circumstances such as those described above is a necessary and proper use of information in this system of records and that the specific routine use proposed for the transfer of this information is appropriate.

VA proposes to add the routine use to the following systems of records which are contained in the Federal Register at the following pages indicated.

44VA01 Veterans Appellate Records System, established at 40 FR 38095 (8/26/75) and revised at 56 FR 15663 (4/17/91).

81VA01 Representatives' Fee Agreement Records system established at 56 FR 18874 (4/24/91) and amended at 57 FR 8792 (3/12/92).

58VA21/22 Compensation, Pension, Education and Rehabilitation Records established at 41 FR 9294 (3/3/76) and amended at 43 FR 3984 (1/30/78); 43 FR 15026 (4/10/78); 43 FR 23797 (6/1/78); 45 FR 57641 (8/ 28/80); 45 FR 77220 (11/21/80); 47 FR 367 (1/5/82); 47 FR 16132 (4/14/ 82); 47 FR 40742 (9/15/82); 48 FR 1384 (1/12/83); 48 FR 15994 (4/13/ 83); 48 FR 39197 (8/29/83); 48 FR 52798 (11/22/83); 49 FR 23974 (6/8/ 84); 49 FR 36046 (9/13/84); 50 FR 10886 (3/18/85); 50 FR 26875 (6/28/ 85); 50 FR 31453 (8/2/85); 51 FR 24781 (7/8/86); 51 FR 25141 (7/10/86); 51 FR 28289 (8/6/86); 51 FR 36894 (10/16/86); 52 FR 4078 (2/9/87); 54 FR 36933 (9/5/89); 55 FR 28508 (7/11/90); 55 FR 42540 (10/19/90); 56 FR 15667 (4/17/91); 56 FR 16354 (4/22/91); 57 FR 12374 (4/9/92); 57 FR 44007 (9/23/92); 58 FR 38164 (7/15/93); 58 FR 54643 (10/22/93); 60 FR 20156 (4/24/95), and 63 FR 7196 (2/12/98).

A ``Report of Altered System'' and an advance copy of the revised system have been sent to the chairmen and ranking members of the Committee on Governmental Reform and Oversight of the House of Representatives and the Committee on Governmental Affairs of the Senate, and to the Office of Management and Budget, as required by 5 U.S.C. 552a(o) (Privacy Act) and

[[Page 37942]]

guidelines issued by the Office of Management and Budget.

Approved: July 1, 1998. Togo D. West, Jr., Secretary of Veterans Affairs.

Notice of Addition of Routine Use to Systems of Records

1. In the system identified as 44VA01, ``Veterans Appellate Records System'', established at 40 FR 38095 (8/26/75) and revised at 56 FR 15663 (4/17/91) the following routine use is added: 44VA01

System name:

Veterans Appellate Records System--VA. * * * * *

Routine uses of records maintained in the system, including categories of users and the purposes of such uses: * * * * *

6. A record from this system (other than the address of the beneficiary) may be disclosed to a former representative of a beneficiary to the extent necessary to develop and adjudicate a claim for payment of attorney fees to such representative from past-due benefits under 38 U.S.C. 5904(d) or to review a fee agreement between such representative and the beneficiary for reasonableness under 38 U.S.C. 5904(c)(2).

2. In the system identified as 81VA01 ``Representatives' Fee Agreement Records System'', appearing at 56 FR 18874 (4/24/91) and amended at 57 FR 8792 (3/12/92)'' the following routine use is added: 81VA01

System name:

Representatives' Fee Agreement Records System--VA. * * * * *

Routine uses of records maintained in the system, including categories of users and the purposes of such uses: * * * * *

5. A record from this system (other than the address of the beneficiary) may be disclosed to a former representative of a beneficiary to the extent necessary to develop and adjudicate a claim for payment of attorney fees to such representative from past-due benefits under 38 U.S.C. 5904(d) or to review a fee agreement between such representative and the beneficiary for reasonableness under 38 U.S.C. 5904(c)(2).

3. In the system identified as 58VA21/22 ``Compensation, Pension, Education and Rehabilitation Records'', appearing at 41 FR 9294 (3/3/ 76) and amended at 43 FR 3984 (1/30/78); 43 FR 15026 (4/10/78); 43 FR 23797 (6/1/78); 45 FR 57641 (8/28/80); 45 FR 77220 (11/21/80); 47 FR 367 (1/5/82); 47 FR 16132 (4/14/82); 47 FR 40742 (9/15/82); 48 FR 1384 (1/12/83); 48 FR 15994 (4/13/83); 48 FR 39197 (8/29/83); 48 FR 52798 (11/22/83); 49 FR 23974 (6/8/84); 49 FR 36046 (9/13/84); 50 FR 10886 (3/18/85); 50 FR 26875 (6/28/85); 50 FR 31453 (8/2/85); 51 FR 24781 (7/ 8/86); 51 FR 25141 (7/10/86); 51 FR 28289 (8/6/86); 51 FR 36894 (10/16/ 86); 52 FR 4078 (2/9/87); 54 FR 36933 (9/5/89); 55 FR 28508 (7/11/90); 55 FR 42540 (10/19/90); 56 FR 15667 (4/17/91); 56 FR 16354 (4/22/91); 57 FR 12374 (4/9/92); 57 FR 44007 (9/23/92); 58 FR 38164 (7/15/93); 58 FR 54643 (10/22/93); 60 FR 20156 (4/24/95), and 63 FR 7196 (2/12/98), the following routine use is added: 58VA21/22

System name:

Compensation, Pension, Education and Rehabilitation Records--VA. * * * * *

Routine uses of records maintained in the system, including categories of users and the purposes of such uses: * * * * *

61. A record from this system (other than the address of the beneficiary) may be disclosed to a former representative of a beneficiary to the extent necessary to develop and adjudicate a claim for payment of attorney fees to such representative from past-due benefits under 38 U.S.C. 5904(d) or to review a fee agreement between such representative and the beneficiary for reasonableness under 38 U.S.C. 5904(c)(2). * * * * *

[FR Doc. 98-18643Filed7-13-98; 8:45 am]

BILLING CODE 8320-01-M