99-2726. Privacy Act of 1974, New Routine Use Statement

[Federal Register Volume 64, Number 24 (Friday, February 5, 1999)]
[Notices]
[Pages 5862-5864]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 99-2726]


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DEPARTMENT OF VETERANS AFFAIRS


Privacy Act of 1974, New Routine Use Statement

AGENCY: Department of Veterans Affairs.

ACTION: Notice; New routine use statement.

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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) is 
adding a new routine use to the system of records entitled ``Veterans 
and Beneficiaries Identification and Records Location Subsystem--VA'' 
38VA23.

DATES: Interested persons are invited to submit written comments, 
suggestions, or objections regarding the new routine use. All relevant 
material received

[[Page 5863]]

before March 8, 1999, will be considered. All written comments received 
will be available for public inspection at the Office of Regulations 
Management (02D), 810 Vermont Ave., NW., Room 1158, Washington, DC 
20420, only, between 8 a.m. and 4:30 p.m., Monday through Friday 
(except holidays). If no public comment is received during the 30 day 
review period allowed for public comment, or unless otherwise published 
in the Federal Register by VA, the routine use included herein is 
effective 30 days after publication in the Federal Register.

ADDRESSES: Written comments concerning the new routine use may be 
mailed to the Director, Office of Regulations Management (O2D), 810 
Vermont Avenue, NW., Washington, DC 20420.

FOR FURTHER INFORMATION CONTACT: Bill Lanson, Legal Consultant, 
Compensation and Pension Service, Veterans Benefits Administration, 810 
Vermont Avenue, NW., Washington, DC 20420, [phone]. The Internet 
e-mail address for Mr. Lanson is [e-mail].

SUPPLEMENTARY INFORMATION: The Department of Veterans Affairs (VA) has 
decided, as a matter of policy, to provide to National and State 
Veterans Service Organizations access to information contained in the 
Benefits Delivery Network (BDN) concerning which organization or 
individual holds a Power of Attorney to represent a claimant even 
though the service organization accessing the information does not hold 
a Power of Attorney for the claimant in question. VA will also provide 
access to information that a claimant does not have a recognized power 
of attorney, when such is the case.
    Currently, a veteran may ask a veterans' service organization for 
assistance with a claim for benefits by executing a power of attorney 
naming the organization as the veteran's representative for purposes of 
prosecuting his or her claim. Some veterans represent themselves in 
claim matters. If a veteran names a service organization as his or her 
representative, the service organization may obtain information 
concerning the claimant from the BDN in order to assist the veteran 
with the veteran's claim.
    At present, unless a claimant has provided a service organization 
with a power of attorney, that organization cannot obtain any 
information concerning the claimant from the Benefits Delivery Network 
(BDN) because of the restrictions of the Privacy Act. This includes 
information that the claimant does not have an appointed power of 
attorney or the name of the organization or individual who has been 
given a power of attorney for the claimant.
    Sometimes, a veteran may later ask another service organization 
either for information on the status of the claim or for assistance. 
Also, a veteran who is not represented by a service organization may 
ask one for information about his or her claim. In either case, the 
service organization that the veteran has asked for help cannot access 
information on the veteran's claim on the BDN, and, therefore, cannot 
tell the veteran anything about the veteran's claim or its status or 
assist the veteran with the claim.
    If the service organization is provided information through BDN as 
to who has been provided a power of attorney, it will permit the 
service organization being contacted to direct the claimant to his or 
her appointed representative. Alternatively, if the claimant does not 
have an appointed power of attorney, it will enable the service 
organization to inform the claimant what he or she must do to obtain 
representation or to direct the claimant to seek assistance from 
regional office employees.
    VA has determined that the release of information under the 
circumstances described above is a necessary and proper use of the 
information in this system of records and that the specific routine use 
proposed for the transfer of this information is appropriate.
    An altered system of records report and a copy of the revised 
system notice have been sent to the House of Representatives Committee 
on Government Reform and Oversight, the Senate Committee on 
Governmental Affairs, and the Office of Management and Budget (OMB) as 
required by 5 U.S.C. 552a(r) and guidelines issued by OMB (59 FR 37906, 
37916-18 (7-25-94)).
    The proposed routine Use will be added to the system of records 
entitled ``Veterans and Beneficiaries Identification and Records 
Location Subsystem--VA.'' 38VA23 published at 49 FR 38095, August 26, 
1975, and amended at 41 FR 11631, March 19, 1976, 43 FR 23798, June 1, 
1978, 45 FR 77220, November 21, 1980, 47 FR 367, January 5, 1982, 48 FR 
45491, October 5, 1983, 50 FR 13448, April 4, 1985, 60 FR 32210, June 
20, 1995, and 63 FR 7196, February 12, 1998, is amended by adding the 
information as shown below:
* * * * *
    20. The power of attorney of a claimant for VA benefits or the 
information that a power of attorney has not been appointed by the 
claimant may be disclosed from the Benefits Delivery Network to any 
recognized veterans service organization even though the service 
organization does not hold a current power of attorney for the 
claimant.

    Approved: January 11, 1999.
Togo D. West, Jr.,
Secretary of Veterans Affairs.

Report of Intention To Alter Federal Notice of System of Records 
for ``Veterans and Beneficiaries Identification and Records 
Location Subsystem--VA'' (38VA23)

Purpose

    Amending this system of records will provide National and State 
Veterans Service Organizations with access to information contained in 
the Benefits Delivery Network (BDN) concerning which organization or 
individual holds a power of attorney to represent a claimant even 
though the service organization accessing the information does not hold 
a power of attorney for the claimant in question. VA will also provide 
the service organizations with access to information contained in the 
BDN that a claimant does not have a power of attorney, when such is the 
case.

Authority

    ``Veterans and Beneficiaries Identification and Records Location 
Subsystem--38VA23''

Probable Privacy Impact

    This routine use will have minimal effect on the privacy rights of 
individuals. The change will provide information to the service 
organization contacted to enable it to direct the claimant to his or 
her appointed power of attorney. Alternatively, if the claimant does 
not have an appointed power of attorney, it will enable the service 
organization to inform the claimant what he or she must do to obtain 
representation or to direct the claimant to seek assistance from 
regional office employees. No other information concerning the claimant 
or his or her claim will be provided to the service organization unless 
that organization obtains a power of attorney from the claimant.

Risk Assessment

    VA will safeguard individual records as required by the Privacy Act 
of 1974. Physical access to the computer rooms with the VA facility (VA 
regional office or medical facility) is generally limited to 
appropriate locking devices and restricted to authorized VA employees

[[Page 5864]]

and vendor personnel. Access to the VA Automation Center (VAC) in 
Austin, Texas is restricted to VAC employees, custodial personnel, 
Federal Protective Service, and other security personnel. Access to the 
automated VA records by VA employees and authorized representatives of 
claimants requires clearance by the site security officer. Electronic 
access to data is controlled by a series of individually unique 
passwords/codes as a part of each data message, and employees and 
service organization personnel are limited to only that information in 
the file(s) that is needed in the performance of their official duties.

Routine Uses

    This new routine use enables VA to provide National and State 
Veterans Service Organizations with access to information contained in 
the Benefits Delivery Network (BDN) concerning which organization or 
individual holds a power of attorney to represent a claimant even 
though the service organization accessing the information does not hold 
a power of attorney for the claimant in question. VA will also provide 
access to information contained in the BDN that a claimant does not 
have a power of attorney, when such is the case.

Information Collection Requirements

    This amendment requires no new information collection requirements.

[FR Doc. 99-2726 Filed 2-4-99; 8:45 am]
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