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Federal Register / Vol. 70, No.

23 / Friday, February 4, 2005 / Notices 6079

DEPARTMENT OF VETERANS ‘‘Veterans Appellate Records System- the Briefface was removed from the
AFFAIRS VA (44VA01),’’ and ‘‘Representatives’’ claims folder before the folder was
Fee Agreement Records System returned to the VA Regional Office
Office of Research and Development; (81VA01).’’ VA is merging the (VARO). The Briefface remained at BVA
Government Owned Invention information currently maintained in as a document in system 44VA01 until
Available for Licensing Representatives’ Fee Agreement Records disposed of in accordance with
with the ‘‘Veterans Appellate Records procedures approved by the Archivist of
AGENCY: Office of Research and
System.’’ The amendments will affect the United States. However, since all the
Development, VA.
the sections entitled System Location; information contained in the Briefface is
ACTION: Notice of government owned Categories of Individuals Covered by the now tracked electronically, the Briefface
invention available for licensing. System; Categories of Records in the is obsolete. Therefore, the Board is
SUMMARY: The invention listed below is System; Purpose(s); Routine Uses of discontinuing this method of collecting
owned by the U.S. Government as Records Maintained in the System; and data. Brieffaces in use as of March 31,
represented by the Department of Policies and Practices for Storing, 2002, will be maintained in an offsite
Veterans Affairs, and is available for Retrieving, Accessing, Retaining, and storage facility once the Board has
licensing in accordance with 35 U.S.C. Disposing of Records in the System. VA decided an appeal. They will be
207 and 37 CFR part 404 and/or CRADA is publishing the combined system disposed of by shredding or burning
Collaboration under 15 U.S.C. 3710a to notice in its entirety at this time. after 18 months according to the
achieve expeditious commercialization DATES: Comments must be received by timeline and procedural requirements of
of results of federally funded research VA on or before March 7, 2005, which General Records Schedule 16, Item 7.
and development. Foreign patents are is the date the amended system will The Representatives’ Fee Agreement
filed on selected inventions to extend become effective. Records System—VA , identified as
market coverage for U.S. companies and ADDRESSES: Mail or hand-deliver 81VA01, was established in 1991 to
may also be available for licensing. written comments to: Director, allow the Board to monitor fee
FOR FURTHER INFORMATION CONTACT: Regulations Management (00REG1), agreements between attorneys-at-law or
Technical and licensing information on Department of Veterans Affairs, 810 accredited agents and claimants being
the invention may be obtained by Vermont Avenue, NW., Room 1068, represented before VA according to the
writing to: Sal Sheredos, Department of Washington, DC 20420; or fax comments provisions of 38 U.S.C. 5904. The
Veterans Affairs, Acting Director to (202) 273–9026; or e-mail comments information contained in this system
Technology Transfer Program, Office of to VAregulations@mail.va.gov. includes paper copies of fee agreements
Research and Development, 810 Comments should indicate that they are and correspondence related to fee
Vermont Avenue, NW., Washington, DC submitted in response to the Notice of agreements and electronic information
20420; fax: (202) 254–0473; e-mail at: Amendments to a System of Records. with regard to names and addresses of
saleem@vard.org. Any request for All comments received will be available both parties to the agreements and VA
information should include the Number for public inspection in the Office of identification numbers or social security
and Title for the relevant invention as Regulation Policy and Management, numbers. Since most of this information
indicated below. Issued patents may be Room 1063B, between the hours of 8 is already contained in VACOLS
obtained from the Commissioner of a.m. and 4:30 p.m., Monday through (44VA01), we believe that merging the
Patents, U.S. Patent and Trademark Friday (except holidays). Please call 202 two systems will obviate the need to
Office, Washington, DC 20231. 273–9515 for an appointment. retain 81VA01 and will eliminate
FOR FURTHER INFORMATION CONTACT: redundant data entry.
SUPPLEMENTARY INFORMATION: The
invention available for licensing is: U.S. Steven L. Keller, Senior Deputy Vice In addition, providing the information
Provisional Patent Application No. 60/ Chairman, Board of Veterans’ Appeals through VACOLS allows a VARO to
600,797 ‘‘Human and Mouse Alkaline (012), Department of Veterans Affairs, locate any existing fee agreement that
Ceramidase 1 and Skin Disease’’. 810 Vermont Avenue, NW., requires withholding of a portion of the
Washington, DC 20420, (202) 565–5978. payment of past due benefits to a
Dated: January 26, 2005. beneficiary. As of April 1, 2003, fee
SUPPLEMENTARY INFORMATION: The
Anthony J. Principi, Veterans Appellate Records System agreements and powers of attorney
Secretary, Department of Veterans Affairs. (44VA01) was first established in 1975 received by the Board have been
[FR Doc. 05–2108 Filed 2–3–05; 8:45 am] to track claims for veterans benefits that scanned and electronically available in
BILLING CODE 8320–01–P had been appealed to the Board of VACOLS. Thus, VARO personnel no
Veterans’ Appeals (BVA or Board). With longer need to contact the Board in
the expansion of advanced technology every instance where the question of fee
DEPARTMENT OF VETERANS and increased electronic data collection agreements arises and the Board need
AFFAIRS capacity, traditional methods of not create paper file folders to hold
recordkeeping have changed duplicate copies of fee agreements. The
Privacy Act of 1974; Systems of significantly. BVA now maintains most original fee agreement remains in the
Records of the records covered by 44VA01 in a claimant’s file folder and the
AGENCY: Department of Veterans Affairs computer database entitled Veterans electronically attached copy along with
(VA). Appeals Control and Locator System other pertinent data, becomes part of
ACTION: Notice. (VACOLS). VACOLS.
One of the traditional paper-based The System Location notice has been
SUMMARY: In accordance with the methods of keeping track of appeals at updated to reflect the locations of the
requirements of the Privacy Act of 1974, the Board was use of the Briefface computer servers that house the system
5 U.S.C. 552a(e), the Department of folder. These Briefface folders as well as VA sites where non-electronic
Veterans Affairs (VA) is publishing traditionally reflected the status of the records (e.g., tapes of hearings) are
notice of amendment and alteration to appeal as it traveled through the Board housed, as well as the address of the
its system of records known as until an appeal was decided. Thereafter, Board’s contractor.

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6080 Federal Register / Vol. 70, No. 23 / Friday, February 4, 2005 / Notices

The section, Categories of Individuals Rules of Practice, 38 CFR 20.714, when records in VACOLS so that they can
Covered by the System, refers to the a transcript of a hearing is made, the respond to inquiries from appellants,
persons by whose names records may be transcript becomes the official record of representatives and Members of
retrieved from the system. The notice the hearing and the recording is retained Congress. Designated employees of the
has been amended to remove categories as a duplicate record of the hearing for VARO where an appeal originates have
of individuals on whom information 12 months, after which time it is the ability to modify electronic records
may be stored in VACOLS, but which destroyed according to NARA approved based on the status of the appeal. For
cannot be retrieved by the individual’s standards. With the change from audio example, if an appeal is in advance
name or other personal identifier. to digital recordings and the practice of status (ADV), the appeal is in the
The Categories of Records section in creating a transcript of all hearings, process of being developed and the
the system notice has been expanded to destruction of hearing recordings will VARO can modify any part of the
reflect the addition of information follow procedures to be established in electronic record. When a claim has
pertaining to contesting parties, agents, revisions to Rule 714 of the Board of been certified to the Board on appeal
and private attorneys; to include digital Veterans’ Appeals Rules of Practice, 38 and the file has been received at the
recordings of hearings, copies of written CFR 20.714, that will permit challenge Board, its status is converted to active
fee agreements and documents relating to the accuracy of the transcription prior (ACT). When a case is in ACT status,
to the filing and review of fee to destruction of the recording. VARO employees cannot modify any
agreements; procedural information on The Retrievability section has been part of the VACOLS record. This is also
the disposition of claims where a Board amended to note that information from true when a case is in remand (REM)
decision has been remanded from or this system that is stored in VACOLS status or after the Board enters a final
overturned by the United States Court of can now be retrieved by any searchable decision and the file goes into history
Appeals for Veterans Claims; and to field in the VACOLS program. However, (HIS) status.
describe more fully the older, non- this system notice covers only VACOLS is available to authorized
electronic records in the system. information retrieved by an individual’s persons through the VA wide area
The Purpose statement has been name or other personal identifier. network (WAN), which means that
amended to include the monitoring of Retrievability of archived materials not access is limited to those who are
attorney fee agreements, statistical stored in VACOLS is unchanged except actually in VA buildings, ROs, Medical
evaluation of the appellate process and that attorney fee agreements and related Centers, etc. Because 38 U.S.C. 5902 and
evaluation of employee performance. correspondence received prior to the 38 CFR 14.635 permit VA to provide
VA proposes to add five new routine practice of incorporating them in office space to Veterans Service
uses and rewrite and consolidate VACOLS and kept in file folders may be Organizations (VSOs), it is possible to
existing ones. Because this system retrieved by the name of the appellant. provide representatives of those
contains material relating to employee The Privacy Act, 5 U.S.C. 552a(b)(1) organizations who work in VA buildings
evaluations, four of these will permit provides that agencies may disclose with limited access to VACOLS if they
release of information to the Merit records contained in a system of records have a valid, current power of attorney
Systems Protection Board, the Equal ‘‘to those officers and employees of the or prior written consent. VSOs with
Employment Opportunity Commission, agency which maintains the record who access to the VA computer network may
the Federal Labor Relations Authority have a need for the record in the only view VACOLS records of
and the employee’s union. Permission performance of their duties.’’ The individuals for whom they are the
to release information from this system Safeguards statement currently provides representatives of record. VSO access is
to law enforcement personnel and that records in this system ‘‘are under read only, meaning that they are not
security guards has been clarified, custody of designated employees with able to alter, delete or add to those
indicating that release is permitted in access only to employees of the Board records. Other properly designated
order to alert them to the presence of of Veterans’ Appeals and its contractor representatives who are not located in
dangerous persons in VA facilities or at who needs to know.’’ It has become buildings that permit access to VACOLS
VA activities conducted in non-VA advisable for Department of Veterans may request a paper copy of the records
facilities. The routine use permitting Affairs Regional Office (VARO) in this system that pertain to their
release of information regarding the employees to be able to follow the clients.
legality or ethical propriety of progress of appeals and answer veteran Provision for the disposal of digitally
representatives has been expanded to and other appellant questions on the recorded material through erasure has
permit release to other Federal and State process. More appellants file multiple been added to the Retention and
agencies and to Federal courts. The and concurrent appeals for a variety of Disposal section, and will be governed
remaining new routine use is carried issues than ever before. Because BVA by procedures to be established in Rule
over from system 81VA01 and permits may or may not already have made a 714, 38 CFR 20.714.
release of attorney fee information to the decision on any one of these appeals,
United States Court of Appeals for and because of the increasing numbers Approved: January 11, 2005.
Veterans Claims when an order of the of these multiple and concurrent Anthony J. Principi,
Board has been applied to that Court in actions, it is in the best interest of the Secretary of Veterans Affairs.
accordance with the provisions of 38 VAROs to have an electronic indicator 44VA01, ‘‘Veterans Appellate Records
U.S.C. 5904(c)(2). of what actions have taken place. System-VA,’’ as described in the
The Storage portion of the notice has Therefore it has become necessary to Federal Register publication, ‘‘Privacy
been amended to reflect changes in the expand the population of employees Act Issuances, 1989 Compilation,
nature of records kept. Verbatim with access to VACOLS to include Volume II,’’ page 904, and amended at
recordings of hearings, previously employees of the VA Compensation and 56 FR 15663 (April 17, 1991), 63 FR
recorded on magnetic tape will be Pension Service (C&P) and VAROs. 37941 (July 14, 1998), and 66 FR 47725
recorded and stored digitally until a VACOLS can be set to automatically (Sept. 13, 2001) is republished in its
transcript has been made and limit the access of individuals to entirety below to incorporate the
electronically attached in VACOLS. specified records. Designated VARO and system’s merger with 81VA01,
According to Rule 714 of the Board’s C&P employees are able to view any ‘‘Representatives’’ Fee Agreement

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Federal Register / Vol. 70, No. 23 / Friday, February 4, 2005 / Notices 6081

Records System,’’ first published at 56 PURPOSE(S): to develop and adjudicate a claim for
FR 18874 (April 24, 1991) and amended Initial decisions on claims for Federal payment of attorney fees to such
at 57 FR 8792 (March 12, 1992), 63 FR veterans’ benefits are made at VA field representative from past due benefits
37941 (July 14, 1998), and 66 FR 47725 offices throughout the nation. Claimants under 38 U.S.C. 5904 (d) or to review a
(Sept. 13, 2001), and the proposed may appeal those decisions to the Board fee agreement between such
changes. The system 81VA01, of Veterans’ Appeals. See 38 U.S.C. representative and the beneficiary for
‘‘Representatives’’ Fee Agreement Chapter 71. The Board gathers or creates reasonableness under 38 U.S.C. 5904
Records System’’ is discontinued. the records in this system in order to (c)(2).
carry out its appellate function, to 7. Where VA determines that there is
44VA01 good cause to question the legality or
statistically evaluate the appellate
SYSTEM NAME: process, to monitor attorney fee ethical propriety of the conduct of a
agreements, and to evaluate employee person or organization prospectively,
Veterans Appellate Records System-
performance. presently or formerly representing a
VA.
person in a matter before VA, a record
ROUTINE USES OF RECORDS MAINTAINED IN THE from this system may be disclosed, on
SYSTEM LOCATION:
SYSTEM, INCLUDING CATEGORIES OF USERS AND VA’s initiative, to any or all of the
Board of Veterans’ Appeals, THE PURPOSES OF SUCH USES:
Department of Veterans Affairs (VA), following: (1) Applicable civil or
1. Disclosure to law enforcement criminal law enforcement authorities;
Vermont Avenue, NW., Washington, DC personnel and security guards in order
20420, at the Wilkes-Barre VA facility, (2) a person or entity responsible for the
to alert them to the presence of licensing, supervision, or professional
100 North Wilkes-Barre Boulevard, dangerous persons in VA facilities or at
Wilkes-Barre, PA 18702, and with the discipline of the person or organization
VA activities conducted in non-VA prospectively, presently or formerly
Board’s contractor, Promisel & Korn, facilities.
Inc., 3228 Amberley Lane, Fairfax, VA representing a person in a matter before
2. VA may disclose on its own VA; (3) to other Federal and State
22031. initiative any information in this agencies and to Federal courts when
CATEGORIES OF INDIVIDUALS COVERED BY THE system, except the names and home such information may be relevant to the
SYSTEM: addresses of veterans and their individual’s or organization’s provision
Veterans, other appellants, Veterans dependents, which is relevant to a of representational services before such
Law Judges, Board staff attorneys and suspected or reasonably imminent agency or court. Names and home
Members of Congress. violation of law, whether civil, criminal addresses of veterans and their
or regulatory in nature and whether dependents will be released on VA’s
CATEGORIES OF RECORDS IN THE SYSTEM: arising by general or program statute or initiative under this routine use only to
The computer database entitled by regulation, rule or order issued Federal entities.
Veterans Appeals Control and Locator pursuant thereto, to a Federal, State, 8. Disclosure may be made to the VA-
System (VACOLS) is a part of this local, tribal, or foreign agency charged appointed representative of an
system and includes electronically with the responsibility of investigating employee, including all notices,
attached copies of Board of Veterans’ or prosecuting such violation, or determinations, decisions, or other
Appeals decisions, remands and charged with enforcing or implementing written communications issued to the
development memoranda; personal the statute, regulation, rule or order. On employee in connection with an
information on appellants and its own initiative, VA may also disclose examination ordered by VA under
contesting parties including names, the names and addresses of veterans and medical evaluation (formerly fitness-for-
addresses, identifying numbers, phone their dependents to a Federal agency duty) examination procedures or
numbers, service dates and issues on charged with the responsibility of Department-filed disability retirement
appeal; names, addresses and phone investigating or prosecuting civil, procedures.
numbers of representatives, powers of criminal or regulatory violations of law, 9. Disclosure may be made to officials
attorney and attorney fee agreements; or charged with enforcing or of the Merit Systems Protection Board,
information on and dates of procedural implementing the statute, regulation, or the Office of the Special Counsel, or
steps taken in claims; records of and rule or order issued pursuant thereto. both, when requested in connection
copies of correspondence concerning 3. A record from this system of with appeals, special studies of the civil
appeals, diary entries, notations of mail records may be disclosed to a veteran, service and other merit systems, review
received, information requests; verbatim claimant or a third party claimant (e.g., of rules and regulations, investigation of
recordings and transcripts of hearings; a veteran’s survivors or dependents) to alleged or possible prohibited personnel
tracking information as to file location the extent necessary for the practices, and such other functions,
and custodian; and employee development of that claimant’s claim for promulgated in 5 U.S.C. 1205 and 1206,
productivity information. Material in VA benefits. or as may be authorized by law.
this system that is not maintained in 4. Disclosure may be made to a 10. Disclosure may be made to the
VACOLS includes copies of written fee congressional office from the record of Equal Employment Opportunity
agreements and documents relating to an individual in response to an inquiry Commission when requested in
the filing and review of fee agreements from the congressional office made at connection with investigations of
received prior to the Board’s practice of the request of that individual. alleged or possible discrimination
electronically attaching fee agreements 5. Disclosure may be made to the practices, examination of Federal
and powers-of-attorney in VACOLS; National Archives and Records affirmative employment programs,
microfiche decision locator tables and Administration (NARA) in records compliance with the Uniform
indices to decisions from 1983 to 1994; management inspections conducted Guidelines of Employee Selection
and microfiche reels with texts of under authority of Title 44 U.S.C. Procedures, or other functions vested in
decisions from 1977 to 1989. 6. A record from this system (other the Commission by the President’s
than the address of the beneficiary) may Reorganization Plan No. 1 of 1978.
AUTHORITY FOR MAINTENANCE OF THE SYSTEM: be disclosed to a former representative 11. Disclosure may be made to the
38 U.S.C. 7101(a), 7104, 5904. of a beneficiary to the extent necessary Federal Labor Relations Authority,

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6082 Federal Register / Vol. 70, No. 23 / Friday, February 4, 2005 / Notices

including its General Counsel, when be scanned into VACOLS, at which time accuracy of the transcript. Briefface
requested in connection with original documents will be forwarded folders are shredded after 18 months as
investigation and resolution of for association with the appropriate described in General Records Schedule
allegations of unfair labor practices, in claims file. The now discontinued 16, Item 7.
connection with the resolution of Briefface folders are maintained at the
Board according to provisions of SYSTEM MANAGER(S) AND ADDRESS:
exceptions to arbitrator awards when a
question of material fact is raised and General Records Schedule 16, Item 7, Chairman (01), Board of Veterans’
matters before the Federal Service for a minimum of 18 months. Appeals, 810 Vermont Avenue, NW.,
Impasses Panel. Washington, DC 20420.
RETRIEVABILITY:
12. Disclosure of attorney fee
information may be made to the United VACOLS records in this system may NOTIFICATION PROCEDURES:

States Court of Appeals for Veterans be retrieved by any searchable field in An individual desiring to know
Claims when an order of the Board has the VACOLS database. This system whether this system of records contains
been applied to that Court in accordance notice covers only information retrieved a record pertaining to him or her, how
with the provisions of 38 U.S.C. by an individual’s name or other he or she may gain access to such a
5904(c)(2). identifier. Archived material from this record, and how he or she may contest
system that is not in VACOLS may be the content of such a record may write
Note: Any record maintained in this retrieved by veteran’s name, VA file
system of records which may include to the following address: Privacy Act
number, or BVA archive citation Officer (01C1), Board of Veterans’
information relating to drug abuse,
alcoholism or alcohol abuse, infection with number. Appeals, 810 Vermont Avenue, NW.,
the human immunodeficiency virus or sickle SAFEGUARDS: Washington, DC 20420. The following
cell anemia will be disclosed pursuant to an information, or as much as is available
applicable routine use for the system only Files are under custody of designated
employees of the Department of should be furnished in order to identify
when permitted by 38 U.S.C. 7332. To the
extent that records contained in the system Veterans Affairs, including employees the record: Name of veteran, name of
include information protected by 45 CFR of the Board of Veterans’ Appeals and appellant other than the veteran (if any),
parts 160 and 164, i.e., individually its contractor, all of who have a need to and Department of Veterans Affairs file
identifiable health information, that know the contents of the system of number. For information about hearing
information cannot be disclosed under a records in order to perform their duties. transcripts or tape recordings, also
routine use unless there is also specific Access to VACOLS is strictly limited to furnish the date, or the approximate
regulatory authority in 45 CFR parts 160 and date, of the hearing.
164 permitting disclosure.
reflect the need individual employees
have for the different records in the
RECORD ACCESS PROCEDURES:
POLICIES AND PRACTICES FOR STORING,
system. Where a VSO office is located
in a VA facility and has access to Individuals seeking information
RETRIEVING, ACCESSING, RETAINING, AND
DISPOSING OF RECORDS IN THE SYSTEM: VACOLS through the Wide Area regarding access to information
Network (WAN), that access is strictly contained in this system of records may
STORAGE: write, call or visit the Board of Veterans’
limited to viewing records of current
Information is kept in a computer clients of the organization. No personal Appeals Freedom of Information Act
database entitled Veterans Appeals identifiers are used in statistical and Officer, whose address and telephone
Control and Locator System (VACOLS) management reports, and personal number are as follows: Freedom of
and backed up on computer tape. identifiers are removed from all Information Act Officer (01C1), Board of
Archived records that were created prior archived BVA decisions and other Veterans’ Appeals, 810 Vermont
to expansion of the BVA’s electronic records in this system before VA makes Avenue, NW., Washington, DC 20420,
storage capability may be stored in filing them available to the public. Files kept (202) 565–9252.
folders or cabinets, microfiche, by the contractor are in a locked safe in
computer disks, computer tape and CONTESTING RECORD PROCEDURES:
locked rooms in a secured building.
magnetic tape (hearings). Records in this (See notification procedures above.)
system are essential to protecting legal RETENTION AND DISPOSAL:
and financial rights of individual Records in this system, in VACOLS RECORD SOURCE CATEGORIES:
citizens and the government and are and those collected prior to VACOLS VA Claims, insurance, loan guaranty,
maintained indefinitely as Category B use as a repository, are retained vocational rehabilitation, education,
Vital Records. Under the Vital Records indefinitely as Category B Vital Records hospital records, and outpatient clinic
Schedule, electronic back-up tapes are unless otherwise specifically noted. records folders and associated folders;
updated quarterly. A back-up tape is Under the Vital Records Schedule, Board of Veterans’ Appeals records; data
transferred weekly to the Board’s electronic back-up tapes are destroyed presented by appellants and their
contractor for quick access back-up tape by erasure upon receipt of the next representatives at hearings and in briefs
storage. Hearings before the Board are quarterly tape set. Transcriptions of and correspondence; and data furnished
recorded and stored digitally until a recordings of hearings will be attached by Board of Veterans’ Appeals
transcript has been made. Transcripts electronically in VACOLS. Following employees.
are then electronically attached to the procedures established in Rule 714, 38
SYSTEMS EXEMPTED FROM CERTAIN PROVISIONS
record in VACOLS. Attorney fee CFR 20.714, transcripts will become the
OF THE ACT:
agreements and related correspondence official records of hearings and the
received prior to the Board’s practice of recordings will be destroyed through None.
attaching this information in VACOLS erasure after the hearing subject has had [FR Doc. 05–1991 Filed 2–3–05; 8:45 am]
are kept in file folders. These files will the opportunity to challenge the BILLING CODE 8320–01–P

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