Privacy Act of 1974; System of Records, 65063-65066 [2010-26490]
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jlentini on DSKJ8SOYB1PROD with NOTICES
Federal Register / Vol. 75, No. 203 / Thursday, October 21, 2010 / Notices
8. VA may disclose information to the
Equal Employment Opportunity
Commission when requested in
connection with investigations of
alleged or possible discriminatory
practices, examination of Federal
affirmative employment programs, or for
other functions of the Commission as
authorized by law or regulation.
9. VA may disclose to the Fair Labor
Relations Authority (FLRA) (including
its General Counsel) information related
to the establishment of jurisdiction, the
investigation and resolution of
allegations of unfair labor practices, or
information in connection with the
resolution of exceptions to arbitration
awards when a question of material fact
is raised; to disclose information in
matters properly before the Federal
Services Impasse Panel, and to
investigate representation petitions and
conduct or supervise representation
elections.
10. VA may disclose information to
officials of the Merit Systems Protection
Board (MSPB), or the Office of Special
Counsel, when requested in connection
with appeals, special studies of the civil
service and other merit systems, review
of rules and regulations, investigation of
alleged or possible prohibited personnel
practices, and such other functions,
promulgated in 5 U.S.C. 1205 and 1206,
or as authorized by law.
11. VA may, on its own initiative,
disclose any information or records to
appropriate agencies, entities, and
persons when (1) VA suspects or has
confirmed that the integrity or
confidentiality of information in the
system of records has been
compromised; (2) the Department has
determined that as a result of the
suspected or confirmed compromise,
there is a risk of embarrassment or harm
to the reputations of the record subjects,
harm to economic or property interests,
identity theft or fraud, or harm to the
security, confidentiality, or integrity of
this system or other systems or
programs (whether maintained by the
Department or another agency or
disclosure is to agencies, entities, or
persons whom VA determines are
reasonably necessary to assist or carry
out the Department’s efforts to respond
to the suspected or confirmed
compromise and prevent, minimize, or
remedy such harm. This routine use
permits disclosures by the Department
to respond to a suspected or confirmed
data breach, including the conduct of
any risk analysis or provision of credit
protection services as provided in 38
U.S.C. 5724, as the terms are defined in
38 U.S.C. 5727.
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POLICIES AND PRACTICES FOR STORING,
RETRIEVING, ACCESSING, RETAINING, AND
DISPOSING OF RECORDS IN THE SYSTEM:
STORAGE:
Records are maintained on the
Canandaigua VA Medical Center’s
secure computer server.
RETRIEVABILITY:
Records are retrieved by name, social
security number or other assigned
identifiers of the individuals on whom
they are maintained.
SAFEGUARDS:
1. VA will maintain the data in
compliance with applicable VA security
policy directives that specify the
standards that will be applied to protect
sensitive personal information. VA’s
security measures complies with
applicable Federal Information
Processing Standards (FIPS) issued by
the National Institute of Standards and
Technology (NIST). Access to VA
working and storage areas is restricted
to VA employees on a ‘‘need-to-know’’
basis; strict control measures are
enforced to ensure that disclosure to
these individuals is also based on this
same principle. They are required to
take annual VA mandatory data privacy
and security training. Generally, VA file
areas are locked after normal duty hours
and the facilities are protected from
outside access by the Federal Protective
Service or other security personnel.
2. Access to computer rooms at the
Canandaigua VA Medical Center is
limited by appropriate locking devices
and restricted to authorized VA
employees and vendor personnel.
Peripheral devices are placed in secure
areas (areas that are locked or have
limited access) or are otherwise
protected. Information stored on the
Suicide Prevention Database–VA may
be accessed by authorized VA
employees. Access to file information is
controlled at two levels; the systems
recognize authorized employees by
series of individually unique
passwords/codes as a part of each data
message, and the employees are limited
to only that information in the file
which is needed in the performance of
their official duties. Information that is
downloaded from the Suicide
Prevention Database–VA and
maintained on personal computers is
afforded similar storage and access
protections as the data that is
maintained in the original files. Access
to information stored on automated
storage media at other VA locations is
controlled by individually unique
passwords/codes.
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65063
RETENTION AND DISPOSAL:
Paper records and information are
maintained and disposed of in
accordance with records disposition
authority approved by the Archivist of
the United States.
SYSTEM MANAGER(S) AND ADDRESS:
Official responsible for policies and
procedures; VISN 2 Center of Excellence
at Canandaigua VA Medical Center
(528A5), 400 Fort Hill Avenue,
Canandaigua, NY 14424. Officials
responsible for the system of records
include Craig S. Howard, Director,
Canandaigua VA Medical Center; Kerry
L. Knox, Ph.D., Director, VISN 2 Center
of Excellence; Janet Kemp, RN, Ph.D.,
Associate Director Education and
Training, VISN 2 Center of Excellence.
NOTIFICATION PROCEDURE:
Individuals who wish to determine
whether this system of records contains
information about them should contact
the Canandaigua VA Medical Center.
Inquiries should include the person’s
full name, social security number, dates
of employment, date(s) of contact, and
return address.
RECORD ACCESS PROCEDURE:
Individuals seeking information
regarding access to and contesting of
records in this system may write, call or
visit the Canandaigua VA Medical
Center.
CONTESTING RECORD PROCEDURES:
(See Record Access Procedures
above.)
RECORD SOURCE CATEGORIES:
Information in this system of records
is provided by VHA employees.
[FR Doc. 2010–26489 Filed 10–20–10; 8:45 am]
BILLING CODE 8320–01–P
DEPARTMENT OF VETERANS
AFFAIRS
Privacy Act of 1974; System of
Records
Department of Veterans Affairs.
Notice of amendment and
republication of an existing system of
records.
AGENCY:
ACTION:
As required by the Privacy
Act of 1974 5 U.S.C. 552a(e)4, notice is
hereby given that the Department of
Veterans Affairs (VA) is amending the
system of records in its inventory
entitled ‘‘Veterans (Deceased) Headstone
or Marker Records—VA’’ (48VA40B) as
set forth in Public Law 93–43. VA is
amending the system of records by
revising the Purpose, Routine Uses of
SUMMARY:
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65064
Federal Register / Vol. 75, No. 203 / Thursday, October 21, 2010 / Notices
Records Maintained in the System,
Safeguards, Categories of Individuals
Covered by the System and Notification
Procedures. VA is republishing the
system notice in its entirety.
DATES: Comments on this amended
system of records must be received no
later than November 22, 2010. If no
public comment is received during the
period allowed for comment or unless
otherwise published in the Federal
Register by VA, the amended system
will become effective November 22,
2010.
Written comments
concerning the proposed amended
system of records may be submitted
through https://www.Regulations.gov; by
mail or hand-delivery to Director,
Regulations Management (02REG),
Department of Veterans Affairs, 810
Vermont Avenue, NW., Washington, DC
20420; by fax to (202) 273–9026.
Comments received will be available for
public inspection in the Office of
Regulation Policy and Management,
Room 1063B, between the hours of
8 a.m. and 4:30 p.m., Monday through
Friday (except holidays). Please call
(202) 461–4902 for an appointment,
(this is not a toll free number). In
addition, during the comment period,
comments may be viewed online
through the Federal Docket Management
System (FDMS) at https://
www.Regulations.gov.
ADDRESSES:
jlentini on DSKJ8SOYB1PROD with NOTICES
FOR FURTHER INFORMATION CONTACT:
Privacy Officer, National Cemetery
Administration, Department of Veterans
Affairs, 810 Vermont Avenue, NW.,
Washington, DC 20420, or fax comments
to telephone (202) 273–6699.
SUPPLEMENTARY INFORMATION: This
publication is in accordance with the
Privacy Act requirement that agencies
publish their amended system of
records in the Federal Register when
there is revision, change, or addition.
VA’s National Cemetery Administration
(NCA) has reviewed its systems of
records notices and has determined its
record system, ‘‘Veterans (Deceased)
Headstone or Marker Records— VA’’
(48VA40B) should be amended to reflect
evolving technology and procedures and
to conform to current practice.
This system of records is also
amended by revising the Purpose
section. The Purposes section more fully
explains the mission of the VA NCA
Interment Records system.
The Safeguards section is being
amended to list specific standards that
will be applied to protect sensitive
personal information.
The Notification Procedures are
amended to reflect any individual who
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wishes to access information within the
system may submit a written request to
the Privacy Officer.
Routine Use of Records Maintained in
the System is being amended to reflect
the Departmental requirement of adding
seven routine uses to further clarify
appropriate and necessary disclosures.
Former routine use numbers 1, 3, and 4
remain the same.
Routine use number 1 remains the
same and allows for use in connection
with the issuance of a government
headstone or marker in a National
Cemetery or a private cemetery.
Routine use number 2 is revised to
better allow the disclosure by VA, on its
own initiative, any information in the
system, except the names and home
addresses of Veterans and their
dependents, that is relevant to a
suspected or reasonably imminent
violation of the 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, to a Federal,
state, local, tribal, or foreign agency
charged with the responsibility of
investigating or prosecuting such
violation, or charged with enforcing or
implementing the statute, regulation,
rule, or order. VA may also disclose on
its own initiative the names and
addresses of Veterans and their
dependents to a Federal agency charged
with the responsibility of investigating
or prosecuting civil, criminal, or
regulatory violations of law, or charged
with enforcing or implementing the
statute, regulation, or order issued
pursuant thereto.
Routine use number 3 remains the
same and allows for disclosure to a
foreign government allied with the U.S.
during war, or a Federal, State or local
agency maintaining civil, criminal or
other pertinent information or military
service data, if necessary to obtain
information relevant to an agency
decision concerning eligibility for burial
or a reservation in a national cemetery
or the issuance of a government
headstone to mark a grave.
Routine use number 4 remains the
same and allows disclosure to a Federal
agency in response to its request in
connection with the granting of a benefit
to a veteran (including active duty
personnel) or a dependent by the
requesting agency, to the extent that the
information is relevant and necessary to
the requesting agency’s decision on the
matter.
Routine use number 5 is revised to
better allow for disclosure to a Member
of Congress, or a staff person acting for
the Member, when the Member or staff
person requests the record on behalf of
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and at the written request of the
individual.
Routine use number 6 is revised to
better allow disclosure to the National
Archives and Records Administration in
records management inspections
conducted under authority of Title 44
U.S.C.
Routine use number 7 is added and
allows VA to disclose records to the
Department of Justice (DoJ), either on
VA’s initiative or in response to DoJ’s
request for the information, after either
VA or DoJ determines that such
information is relevant to DoJ’s
representation of the United States or
any of its components in legal
proceedings before a court or
adjudicative body, provided that, in
each case, the agency also determines
prior to disclosure that release of the
records to the DoJ is a use of the
information contained in the records
that is compatible with the purpose for
which VA collected the records. VA, on
its own initiative, may disclose records
in this system of records in legal
proceedings before a court or
administrative body after determining
that the disclosure of the records to the
court or administrative body is a use of
the information contained in the records
that is compatible with the purpose for
which VA collected the records.
Routine use number 8 is added and
allows for the disclosure of relevant
information to individuals,
organizations, private or public
agencies, or other entities with whom
VA has a contract or agreement or where
there is a subcontract to perform such
services VA may deem practicable for
the purposes of laws administered by
VA, in order for the contractor or
subcontractor to perform the services of
the contract or agreement.
Routine use number 9 is added and
allows disclosure to other Federal
agencies to assist such agencies in
preventing and detecting possible fraud
or abuse by individuals in their
operations and programs.
Routine use number 10 is added to
allow for the appropriate mitigation of
a possible data breach. This routine use
permits disclosures by including the
conduct of any risk analysis or
provision of credit protection services as
provided in 38 U.S.C. 5724, as the terms
are defined in 38 U.S.C. 5727.
The notice of amendment and an
advance copy of the system notice have
been sent to the appropriate
Congressional committees and to the
Director of Office of Management and
Budget (OMB) as required by 5 U.S.C.
552a(r) (Privacy Act) and guidelines
issued by OMB (65 FR 77677),
December 12, 2000.
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Federal Register / Vol. 75, No. 203 / Thursday, October 21, 2010 / Notices
Approved: September 16, 2010.
John R. Gingrich,
Chief of Staff, Department of Veterans Affairs.
48VA40B
SYSTEM NAME:
‘‘Veterans (Deceased) Headstone or
Marker Records—VA’’.
SYSTEM LOCATION:
Records are maintained at the
Department of Veterans Affairs (VA)
Central Office, Washington, DC.
CATEGORIES OF INDIVIDUALS COVERED BY THE
SYSTEM:
Deceased Veterans and eligible family
members.
CATEGORIES OF RECORDS IN THE SYSTEM:
The records in the system are the
primary records and may contain the
following types of information:
1. Military Service Data.
2. Applicant’s name and address.
3. Place of burial.
4. Data on headstone or marker.
5. Consignee’s name, address and
phone number.
AUTHORITY FOR MAINTENANCE OF THE SYSTEM:
Public Law 93–43.
PURPOSE:
National Cemetery Administration
(NCA) collects a limited amount of
personally Identifiable information in
order to provide authorized individual’s
access to or interact with the
Department of Veterans Affairs. The
system enables VA to maintain lists of
individuals who receive a variety of
Federal Veteran’s Benefits administered
by VA at VA facilities located
throughout the country. VA gathers or
creates these records in order to enable
it to administer these statutory benefits
programs.
jlentini on DSKJ8SOYB1PROD with NOTICES
ROUTINE USES OF RECORDS MAINTAINED IN THE
SYSTEM, INCLUDING CATEGORIES OF USERS AND
THE PURPOSES OF SUCH USES:
Information from this system also may
be disclosed as a routine use for the
following purposes:
1. For use in connection with the
issuance of a government headstone or
marker in a National Cemetery or a
private cemetery.
2. VA on its own initiative may
disclose any information in the system,
except the names and home addresses of
Veterans and their dependents, that is
relevant to a suspected or reasonably
imminent violation of the 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, to a
Federal, State, local, tribal, or foreign
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Jkt 223001
agency charged with the responsibility
of investigating or prosecuting such
violation, or charged with enforcing or
implementing the statute, regulation,
rule, or order. VA may also disclose on
its own initiative the names and
addresses of Veterans and their
dependents to a Federal agency charged
with the responsibility of investigating
or prosecuting civil, criminal, or
regulatory violations of law, or charged
with enforcing or implementing the
statute, regulation, or order issued
pursuant thereto.
3. A record from this system of
records may be disclosed as a ‘‘routine
use’’ to a foreign government allied with
the U.S. during war, or a Federal, State
or local agency maintaining civil,
criminal or other pertinent information
or military service data, if necessary to
obtain information relevant to an agency
decision concerning eligibility for burial
or a reservation in a national cemetery
or the issuance of a government
headstone to mark a grave.
4. A record from this system of
records may be disclosed to a Federal
agency, in response to its request, in
connection with the granting of a benefit
to a Veteran (including active duty
personnel) or a dependent by the
requesting agency, to the extent that the
information is relevant and necessary to
the requesting agency’s decision on the
matter.
5. The record of an individual who is
covered by a system of records may be
disclosed to a Member of congress, or a
staff person acting for the Member,
when the Member or staff person
requests the record on behalf of and at
the written request of the individual.
6. Disclosure may be made to the
National Archives and Records
Administration in records management
inspections conducted under authority
of Title 44 U.S.C.
7. VA may disclose records to the
Department of Justice (DoJ), either on
VA’s initiative or in response to DoJ’s
request for the information, after either
VA or DoJ determines that such
information is relevant to DoJ’s
representation of the United States or
any of its components in legal
proceedings before a court or
adjudicative body, provided that, in
each case, the agency also determines
prior to disclosure that release of the
records to the DoJ is a use of the
information contained in the records
that is compatible with the purpose for
which VA collected the records. VA, on
its own initiative, may disclose records
in this system of records in legal
proceedings before a court or
administrative body after determining
that the disclosure of the records to the
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65065
court or administrative body is a use of
the information contained in the records
that is compatible with the purpose for
which VA collected the records.
8. Disclosure of relevant information
may be made to individuals,
organizations, private or public
agencies, or other entities with whom
VA has a contract or agreement or where
there is a subcontract to perform such
services as VA may deem practicable for
the purposes of laws administered by
VA, in order for the contractor or
subcontractor to perform the services of
the contract or agreement.
9. Disclosure to other Federal agencies
may be made to assist such agencies in
preventing and detecting possible fraud
or abuse by individuals in their
operations and programs.
10. VA may, on its own initiative
disclose any information or records to
appropriate agencies, entities, and
persons when (1) VA suspects or has
confirmed that the integrity or
confidentiality of information in the
system of records has been
compromised; (2) the Department has
determined that as a result of the
suspected or confirmed compromise,
there is a risk of embarrassment or harm
to the reputations of the record subjects,
harm to economic or property interests,
identity theft or fraud, or harm to the
security, confidentiality, or integrity of
this system or other systems or
programs (whether maintained by the
Department or another agency or entity)
that rely upon the potentially
compromised information; and (3) the
disclosure is to agencies, entities, or
persons whom VA determines are
reasonably necessary to assist or carry
out the Department’s efforts to respond
to the suspected or confirmed
compromise and prevent, minimize, or
remedy such harm. This routine use
permits disclosures by the Department
to respond to a suspected or confirmed
data breach, including the conduct of
any risk analysis or provision of credit
protection services as provided in 38
U.S.C. 5724, as the terms are defined in
38 U.S.C. 5727.
POLICIES AND PRACTICES FOR STORING,
RETRIEVING, ACCESSING, RETAINING, AND
DISPOSING OF RECORDS IN THE SYSTEM:
STORAGE:
The information contained in the
Veterans (Deceased) Headstone and
Marker Records are maintained in paper
documents and are stored at Veterans
Administration Central Office.
RETRIEVABILITY:
Paper documents are indexed and
retrievable by name of VA beneficiary or
eligible family member.
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Federal Register / Vol. 75, No. 203 / Thursday, October 21, 2010 / Notices
SAFEGUARDS:
SYSTEM MANAGER(S) AND ADDRESS:
NCA will maintain the data in
compliance with applicable VA security
policy Directives that specify the
standards that will be applied to protect
sensitive personal information. Further,
only authorized individuals may have
access to the data and only when
needed to perform their duties. They are
required to take annual VA mandatory
data privacy and security training.
RETENTION AND DISPOSAL:
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Because the information is related to
deceased veterans, the paper documents
are retained indefinitely.
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Jkt 223001
Director, National Cemetery
Administration (41), Department of
Veterans Affairs, 810 Vermont Ave.,
NW., Washington, DC 20420.
records involved. Inquiries should
include the individual’s full name,
branch of service, dates of service,
service numbers, social security
number, and date of birth.
NOTIFICATION PROCEDURE:
RECORD ACCESS PROCEDURES:
Any individual who wishes to access
information in order to determine
whether a record is being maintained in
this system under his or her name or
other personal identifier, or wants to
determine the content of such records
should submit a written request to the
Privacy Officer, National Cemetery
Administration, Department of Veterans
Affairs, 810 Vermont Avenue, NW.,
Washington, DC 20420. All inquiries
must reasonably identify the type of
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See ‘‘Notification Procedures’’ above.
CONTESTING RECORD PROCEDURES:
See ‘‘Notification Procedures’’ above.
RECORD SOURCE CATEGORIES:
Include family members of the
deceased, official military records and
VA claims records.
[FR Doc. 2010–26490 Filed 10–20–10; 8:45 am]
BILLING CODE 8320–01–P
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]]>Agencies
[Federal Register Volume 75, Number 203 (Thursday, October 21, 2010)]
[Notices]
[Pages 65063-65066]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2010-26490]
-----------------------------------------------------------------------
DEPARTMENT OF VETERANS AFFAIRS
Privacy Act of 1974; System of Records
AGENCY: Department of Veterans Affairs.
ACTION: Notice of amendment and republication of an existing system of
records.
-----------------------------------------------------------------------
SUMMARY: As required by the Privacy Act of 1974 5 U.S.C. 552a(e)4,
notice is hereby given that the Department of Veterans Affairs (VA) is
amending the system of records in its inventory entitled ``Veterans
(Deceased) Headstone or Marker Records--VA'' (48VA40B) as set forth in
Public Law 93-43. VA is amending the system of records by revising the
Purpose, Routine Uses of
[[Page 65064]]
Records Maintained in the System, Safeguards, Categories of Individuals
Covered by the System and Notification Procedures. VA is republishing
the system notice in its entirety.
DATES: Comments on this amended system of records must be received no
later than November 22, 2010. If no public comment is received during
the period allowed for comment or unless otherwise published in the
Federal Register by VA, the amended system will become effective
November 22, 2010.
ADDRESSES: Written comments concerning the proposed amended system of
records may be submitted through https://www.Regulations.gov; by mail or
hand-delivery to Director, Regulations Management (02REG), Department
of Veterans Affairs, 810 Vermont Avenue, NW., Washington, DC 20420; by
fax to (202) 273-9026. Comments received will be available for public
inspection in the Office of Regulation Policy and Management, Room
1063B, between the hours of 8 a.m. and 4:30 p.m., Monday through Friday
(except holidays). Please call (202) 461-4902 for an appointment, (this
is not a toll free number). In addition, during the comment period,
comments may be viewed online through the Federal Docket Management
System (FDMS) at https://www.Regulations.gov.
FOR FURTHER INFORMATION CONTACT: Privacy Officer, National Cemetery
Administration, Department of Veterans Affairs, 810 Vermont Avenue,
NW., Washington, DC 20420, or fax comments to telephone (202) 273-6699.
SUPPLEMENTARY INFORMATION: This publication is in accordance with the
Privacy Act requirement that agencies publish their amended system of
records in the Federal Register when there is revision, change, or
addition. VA's National Cemetery Administration (NCA) has reviewed its
systems of records notices and has determined its record system,
``Veterans (Deceased) Headstone or Marker Records-- VA'' (48VA40B)
should be amended to reflect evolving technology and procedures and to
conform to current practice.
This system of records is also amended by revising the Purpose
section. The Purposes section more fully explains the mission of the VA
NCA Interment Records system.
The Safeguards section is being amended to list specific standards
that will be applied to protect sensitive personal information.
The Notification Procedures are amended to reflect any individual
who wishes to access information within the system may submit a written
request to the Privacy Officer.
Routine Use of Records Maintained in the System is being amended to
reflect the Departmental requirement of adding seven routine uses to
further clarify appropriate and necessary disclosures. Former routine
use numbers 1, 3, and 4 remain the same.
Routine use number 1 remains the same and allows for use in
connection with the issuance of a government headstone or marker in a
National Cemetery or a private cemetery.
Routine use number 2 is revised to better allow the disclosure by
VA, on its own initiative, any information in the system, except the
names and home addresses of Veterans and their dependents, that is
relevant to a suspected or reasonably imminent violation of the 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, to a Federal, state, local, tribal, or foreign agency
charged with the responsibility of investigating or prosecuting such
violation, or charged with enforcing or implementing the statute,
regulation, rule, or order. VA may also disclose on its own initiative
the names and addresses of Veterans and their dependents to a Federal
agency charged with the responsibility of investigating or prosecuting
civil, criminal, or regulatory violations of law, or charged with
enforcing or implementing the statute, regulation, or order issued
pursuant thereto.
Routine use number 3 remains the same and allows for disclosure to
a foreign government allied with the U.S. during war, or a Federal,
State or local agency maintaining civil, criminal or other pertinent
information or military service data, if necessary to obtain
information relevant to an agency decision concerning eligibility for
burial or a reservation in a national cemetery or the issuance of a
government headstone to mark a grave.
Routine use number 4 remains the same and allows disclosure to a
Federal agency in response to its request in connection with the
granting of a benefit to a veteran (including active duty personnel) or
a dependent by the requesting agency, to the extent that the
information is relevant and necessary to the requesting agency's
decision on the matter.
Routine use number 5 is revised to better allow for disclosure to a
Member of Congress, or a staff person acting for the Member, when the
Member or staff person requests the record on behalf of and at the
written request of the individual.
Routine use number 6 is revised to better allow disclosure to the
National Archives and Records Administration in records management
inspections conducted under authority of Title 44 U.S.C.
Routine use number 7 is added and allows VA to disclose records to
the Department of Justice (DoJ), either on VA's initiative or in
response to DoJ's request for the information, after either VA or DoJ
determines that such information is relevant to DoJ's representation of
the United States or any of its components in legal proceedings before
a court or adjudicative body, provided that, in each case, the agency
also determines prior to disclosure that release of the records to the
DoJ is a use of the information contained in the records that is
compatible with the purpose for which VA collected the records. VA, on
its own initiative, may disclose records in this system of records in
legal proceedings before a court or administrative body after
determining that the disclosure of the records to the court or
administrative body is a use of the information contained in the
records that is compatible with the purpose for which VA collected the
records.
Routine use number 8 is added and allows for the disclosure of
relevant information to individuals, organizations, private or public
agencies, or other entities with whom VA has a contract or agreement or
where there is a subcontract to perform such services VA may deem
practicable for the purposes of laws administered by VA, in order for
the contractor or subcontractor to perform the services of the contract
or agreement.
Routine use number 9 is added and allows disclosure to other
Federal agencies to assist such agencies in preventing and detecting
possible fraud or abuse by individuals in their operations and
programs.
Routine use number 10 is added to allow for the appropriate
mitigation of a possible data breach. This routine use permits
disclosures by including the conduct of any risk analysis or provision
of credit protection services as provided in 38 U.S.C. 5724, as the
terms are defined in 38 U.S.C. 5727.
The notice of amendment and an advance copy of the system notice
have been sent to the appropriate Congressional committees and to the
Director of Office of Management and Budget (OMB) as required by 5
U.S.C. 552a(r) (Privacy Act) and guidelines issued by OMB (65 FR
77677), December 12, 2000.
[[Page 65065]]
Approved: September 16, 2010.
John R. Gingrich,
Chief of Staff, Department of Veterans Affairs.
48VA40B
SYSTEM NAME:
``Veterans (Deceased) Headstone or Marker Records--VA''.
SYSTEM LOCATION:
Records are maintained at the Department of Veterans Affairs (VA)
Central Office, Washington, DC.
CATEGORIES OF INDIVIDUALS COVERED BY THE SYSTEM:
Deceased Veterans and eligible family members.
CATEGORIES OF RECORDS IN THE SYSTEM:
The records in the system are the primary records and may contain
the following types of information:
1. Military Service Data.
2. Applicant's name and address.
3. Place of burial.
4. Data on headstone or marker.
5. Consignee's name, address and phone number.
AUTHORITY FOR MAINTENANCE OF THE SYSTEM:
Public Law 93-43.
Purpose:
National Cemetery Administration (NCA) collects a limited amount of
personally Identifiable information in order to provide authorized
individual's access to or interact with the Department of Veterans
Affairs. The system enables VA to maintain lists of individuals who
receive a variety of Federal Veteran's Benefits administered by VA at
VA facilities located throughout the country. VA gathers or creates
these records in order to enable it to administer these statutory
benefits programs.
ROUTINE USES OF RECORDS MAINTAINED IN THE SYSTEM, INCLUDING CATEGORIES
OF USERS AND THE PURPOSES OF SUCH USES:
Information from this system also may be disclosed as a routine use
for the following purposes:
1. For use in connection with the issuance of a government
headstone or marker in a National Cemetery or a private cemetery.
2. VA on its own initiative may disclose any information in the
system, except the names and home addresses of Veterans and their
dependents, that is relevant to a suspected or reasonably imminent
violation of the 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, to a Federal, State, local,
tribal, or foreign agency charged with the responsibility of
investigating or prosecuting such violation, or charged with enforcing
or implementing the statute, regulation, rule, or order. VA may also
disclose on its own initiative the names and addresses of Veterans and
their dependents to a Federal agency charged with the responsibility of
investigating or prosecuting civil, criminal, or regulatory violations
of law, or charged with enforcing or implementing the statute,
regulation, or order issued pursuant thereto.
3. A record from this system of records may be disclosed as a
``routine use'' to a foreign government allied with the U.S. during
war, or a Federal, State or local agency maintaining civil, criminal or
other pertinent information or military service data, if necessary to
obtain information relevant to an agency decision concerning
eligibility for burial or a reservation in a national cemetery or the
issuance of a government headstone to mark a grave.
4. A record from this system of records may be disclosed to a
Federal agency, in response to its request, in connection with the
granting of a benefit to a Veteran (including active duty personnel) or
a dependent by the requesting agency, to the extent that the
information is relevant and necessary to the requesting agency's
decision on the matter.
5. The record of an individual who is covered by a system of
records may be disclosed to a Member of congress, or a staff person
acting for the Member, when the Member or staff person requests the
record on behalf of and at the written request of the individual.
6. Disclosure may be made to the National Archives and Records
Administration in records management inspections conducted under
authority of Title 44 U.S.C.
7. VA may disclose records to the Department of Justice (DoJ),
either on VA's initiative or in response to DoJ's request for the
information, after either VA or DoJ determines that such information is
relevant to DoJ's representation of the United States or any of its
components in legal proceedings before a court or adjudicative body,
provided that, in each case, the agency also determines prior to
disclosure that release of the records to the DoJ is a use of the
information contained in the records that is compatible with the
purpose for which VA collected the records. VA, on its own initiative,
may disclose records in this system of records in legal proceedings
before a court or administrative body after determining that the
disclosure of the records to the court or administrative body is a use
of the information contained in the records that is compatible with the
purpose for which VA collected the records.
8. Disclosure of relevant information may be made to individuals,
organizations, private or public agencies, or other entities with whom
VA has a contract or agreement or where there is a subcontract to
perform such services as VA may deem practicable for the purposes of
laws administered by VA, in order for the contractor or subcontractor
to perform the services of the contract or agreement.
9. Disclosure to other Federal agencies may be made to assist such
agencies in preventing and detecting possible fraud or abuse by
individuals in their operations and programs.
10. VA may, on its own initiative disclose any information or
records to appropriate agencies, entities, and persons when (1) VA
suspects or has confirmed that the integrity or confidentiality of
information in the system of records has been compromised; (2) the
Department has determined that as a result of the suspected or
confirmed compromise, there is a risk of embarrassment or harm to the
reputations of the record subjects, harm to economic or property
interests, identity theft or fraud, or harm to the security,
confidentiality, or integrity of this system or other systems or
programs (whether maintained by the Department or another agency or
entity) that rely upon the potentially compromised information; and (3)
the disclosure is to agencies, entities, or persons whom VA determines
are reasonably necessary to assist or carry out the Department's
efforts to respond to the suspected or confirmed compromise and
prevent, minimize, or remedy such harm. This routine use permits
disclosures by the Department to respond to a suspected or confirmed
data breach, including the conduct of any risk analysis or provision of
credit protection services as provided in 38 U.S.C. 5724, as the terms
are defined in 38 U.S.C. 5727.
POLICIES AND PRACTICES FOR STORING, RETRIEVING, ACCESSING, RETAINING,
AND DISPOSING OF RECORDS IN THE SYSTEM:
STORAGE:
The information contained in the Veterans (Deceased) Headstone and
Marker Records are maintained in paper documents and are stored at
Veterans Administration Central Office.
RETRIEVABILITY:
Paper documents are indexed and retrievable by name of VA
beneficiary or eligible family member.
[[Page 65066]]
SAFEGUARDS:
NCA will maintain the data in compliance with applicable VA
security policy Directives that specify the standards that will be
applied to protect sensitive personal information. Further, only
authorized individuals may have access to the data and only when needed
to perform their duties. They are required to take annual VA mandatory
data privacy and security training.
RETENTION AND DISPOSAL:
Because the information is related to deceased veterans, the paper
documents are retained indefinitely.
SYSTEM MANAGER(S) AND ADDRESS:
Director, National Cemetery Administration (41), Department of
Veterans Affairs, 810 Vermont Ave., NW., Washington, DC 20420.
NOTIFICATION PROCEDURE:
Any individual who wishes to access information in order to
determine whether a record is being maintained in this system under his
or her name or other personal identifier, or wants to determine the
content of such records should submit a written request to the Privacy
Officer, National Cemetery Administration, Department of Veterans
Affairs, 810 Vermont Avenue, NW., Washington, DC 20420. All inquiries
must reasonably identify the type of records involved. Inquiries should
include the individual's full name, branch of service, dates of
service, service numbers, social security number, and date of birth.
RECORD ACCESS PROCEDURES:
See ``Notification Procedures'' above.
CONTESTING RECORD PROCEDURES:
See ``Notification Procedures'' above.
RECORD SOURCE CATEGORIES:
Include family members of the deceased, official military records
and VA claims records.
[FR Doc. 2010-26490 Filed 10-20-10; 8:45 am]
BILLING CODE 8320-01-P
