Privacy Act of 1974, New Routine Use Statement

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

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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, (202) 273-7267. The Internet

e-mail address for Mr. Lanson is [email protected].

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

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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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