System of Records (SOR)
01VA022 - Current and Former Accredited Representative, Claim Agent, and Representative and Claims Agent Applicant and Rejected Applicant Records-VA
System location:
Records are maintained in the Office of General Counsel (022),
and in the Veterans Benefits Administration (213C), Department of
Veterans Affairs Central Office, Washington, DC 20420. Records will
also be maintained in the Regional Counsel Offices, and the security
offices of the following components of the Veterans Benefits
Administration: Regional Offices, and the Hines, Illinois and
Philadelphia, Pennsylvania automated benefits records centers.
Records also will be maintained in the Computer security office for
the Integrated Data Communications Utility at the Department of
Veterans Affairs Medical Center in Martinsburg, West Virginia.
Address locations are listed in VA Appendix I as set forth in the
Federal Register publication, ``Privacy Act Issuances,'' 1993
Compilation.
Categories of individuals covered by the system:
The following categories of individuals will be covered by the
system: (1) Individuals recommended by a recognized organization and
accredited or previously accredited by VA to represent claimants for
benefits; (2) claims agents who have applied for accreditation, are
currently accredited or have been previously accredited by VA to
represent claimants for benefits; (3) individuals whose names have
been submitted to VA by service organizations for accreditation or
who have applied to VA to become claims agents; and (4) attorneys who
have been the subject of correspondence, investigations, or
proceedings relating to their fitness to represent claimants for
benefits before VA.
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 or accredited representatives including claims agent
recommendations and evaluations from third parties; (6) VA Form 2-21
and 21, (Application for Accreditation as Service Organization
Representative) 21a. (Application for Accreditation as a Claims
Agent); (7) Application for Accreditation as Agent forms; (8)
investigative reports, correspondence and other information
concerning the fitness of a prospective, present, or former claims
agent, accredited representative or attorney; (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 individuals' 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; and (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.
Authority for maintenance of the system:
Title 38, United States Code, Sections 501(a), 5902 and 5904.
Routine uses of records maintained in the system, including
categories of users and the purposes of such uses:
- The record of an individual who is covered by this system may
be disclosed to a member of Congress or 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.
- Any information in this system, except for 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, State, local or foreign agency charged
with the responsibility of investigating or prosecuting such
violation or charged with enforcing or implementing the statute,
rule, regulation or order issued pursuant thereto.
- 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.
- 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.
- The name, business address and service organization
affiliation(s) of accredited representatives and claims agents 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.
- Listings containing the names, business addresses, and status
of accreditation of present and former accredited representatives may
be provided to recognized service organizations.
- 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.
- The name and address of a prospective, present, or former
accredited representative, and any information 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.
- Any information in this system may be disclosed to the
Department of Justice (DoJ), including U.S. Attorneys, upon its
official request, or by VA upon its own initiative, in order for the
U.S. Government, VA, or any VA official acting in his/her official
capacity to respond to pleadings, interrogatories, orders or
inquiries from the DoJ, and to supply the DoJ with information, to
enable the DoJ to represent the U.S. Government in any phrase of
litigation or in any case or controversy.
- The Office of General Counsel 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
veterans and their dependents to licensing organizations pursuant to
this routine use.
- The Office of General Counsel 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 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 veterans and their dependents pursuant to this routine
use.
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 covered by this system are maintained in file cabinets.
Listings of accredited representatives and claim agents 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 file cards are maintained in alphabetical order by
last name of the individuals covered by this system. 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:
- 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.
- 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.
- 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
passswords/codes. Agency personnel may have access to the information
on a needto 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.
- Access to VA facilities where 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 amintains and disposes of records in accordance with records
disposition authority approved by the Archivists of the United
States.
System manager(s) and address:
Assistant General Counsel (022),VA Central Office, 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 or apply in person to the
Assistant General Counsel (022).
Record access procedures:
Individual 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 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. access to or wishes to
contest records maintained under his or her name in this system may
write or call or visit the Assistant General Counsel (022).
Contesting record procedures:
(See Records Access Procedures above.)
Record source categories:
Applications for accreditation of individuals, investigative
malterial, and recommendations and correspondence from service
organizations and third parties.
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