Privacy Act of 1974, 54919-54923 [2016-19591]

Agencies

• DEPARTMENT OF VETERANS AFFAIRS

[Federal Register Volume 81, Number 159 (Wednesday, August 17, 2016)]
[Notices]
[Pages 54919-54923]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2016-19591]


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DEPARTMENT OF VETERANS AFFAIRS


Privacy Act of 1974

AGENCY: Department of Veterans Affairs (VA).

ACTION: Notice of New System of Records.

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SUMMARY: The Privacy Act of 1974 (5 U.S.C. 552(e) (4)) requires that 
all agencies publish in the Federal Register a notice of the existence 
and character of their systems of records. Notice is hereby given that 
the Department of Veterans Affairs (VA) is establishing a new system of 
records entitled ``VA National Cemetery Pre-Need Eligibility 
Determination Records''--VA (SORN # 175VA41A).

DATES: Comments on this new system of records must be received no later 
than September 16, 2016. If no public comment is received during the 
period allowed for comment or unless otherwise published in the Federal 
Register by the VA, the new system will become effective September 16, 
2016.

ADDRESSES: Written comments concerning the proposed amended system of 
records may be submitted by: Mail or hand-delivery to Director, 
Regulations Management (02REG), Department of Veterans Affairs, 810 
Vermont Avenue NW., Room 1068, Washington, DC 20420; fax to (202) 273-
9026; or email to www.Regulations.gov. All comments received will be 
available for public inspection in the Office of Regulation Policy and 
Management, Room 1063B, between the hours of 8:00 a.m. and 4:30 p.m., 
Monday through Friday (except holidays). Please call (202) 461-4902 
(this is not a toll-free number) for an appointment. In addition, 
during the comment period, comments may be viewed online through the 
Federal Docket Management System (FDMS) at www.regulations.gov.

FOR FURTHER INFORMATION CONTACT: National Cemetery Administration (NCA) 
Privacy Officer (43D), Department of Veterans Affairs, 810 Vermont 
Avenue NW., Washington, DC 20420, telephone (202) 632-7728 (this is not 
a toll-free number).

SUPPLEMENTARY INFORMATION: The proposed system of records contains 
military service information, entry and discharge documentation, 
personal identifiers, demographic data (e.g., name, social security 
number, physical address, phone number, email address), and 
socioeconomic characteristics (e.g., date of birth, place of birth, 
date of death, gender, marital records; health records; health related 
information, benefit related information) provided with an application 
for a determination of eligibility for burial in a VA national cemetery 
in advance of an individual's time of need (referred to as ``pre-
need''). The proposed system of records contains information on 
Veterans, Veteran beneficiaries, members of the Armed Forces of the 
United States and their beneficiaries, as well as claimants (such as 
funeral home directors) submitting pre-need eligibility determinations 
on behalf of potentially eligible individuals. VA authorized users 
include VA employees, VA contractors, and other individuals with access 
to VA IT systems. The purpose of the system of records includes but is 
not limited to providing a repository for military, personal, and 
administrative information that is collected, retrieved, and disclosed 
to authorized individuals related to pre-need eligibility 
determinations for burial in a VA national cemetery. Information 
contained in this system of records may also be used as an aggregate, 
non-personally identifiable set to track, evaluate, and report on local 
and national benefits initiatives, such as cemetery development and 
emerging burial needs. Information in this proposed system of records 
will be protected from unauthorized access through administrative, 
physical, and technical safeguards. Access to the hard copy and 
computerized information will be restricted to VA employees and VA 
contractors by means of PIV card and PIN, and/or passwords. Hard copy 
records will be maintained in offices that are restricted by cypher 
locks during work hours and locked after duty hours with security 
camera surveillance of the office area and facility. The VA facility is 
located in GSA-leased office space and is under the protection of the 
Department of Homeland Security.
    VA is proposing the following routine use disclosures of 
information to be maintained in the system:
    VA may disclose information from the record of an individual in 
response to an inquiry from the congressional offices made at the 
request of that individual or by another on behalf of that individual. 
VA must be able to provide information about individuals to adequately 
respond to inquiries from Members of Congress at the request of 
constituents who have sought their assistance.
    VA may, on its own initiative, disclose information from this 
system to appropriate agencies, entities, and persons when (1) VA 
suspects or has confirmed that the integrity or confidentiality of 
information in the

[[Page 54920]]

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 conduct of any risk 
analysis or provision of credit protection services as provided in 38 
U.S.C. 5724.
    Effective Response. A federal agency's ability to respond quickly 
and effectively in the event of a breach of federal data is critical to 
its efforts to prevent or minimize any consequent harm. An effective 
response necessitates disclosure of information regarding the breach to 
those individuals affected by it, as well as to persons and entities in 
a position to cooperate, either by assisting in notification to 
affected individuals or playing a role in preventing or minimizing 
harms from the breach.
    Disclosure of Information. Often, the information to be disclosed 
to such persons and entities is maintained by federal agencies and is 
subject to the Privacy Act (5 U.S.C. 552a). The Privacy Act prohibits 
the disclosure of any record in a system of records by any means of 
communication to any person or agency absent the written consent of the 
subject individual, unless the disclosure falls within one of twelve 
statutory exceptions. In order to ensure an agency is in the best 
position to respond timely and effectively, in accordance with 5 U.S.C. 
552a(b)(3) of the Privacy Act, agencies should publish a routine use 
for systems specifically applying to the disclosure of information in 
connection with response and remedial efforts in the event of a data 
breach.
    VA may, on its own initiative, disclose information in this system, 
except the names and home addresses of veterans and their dependents, 
which is relevant to a suspected 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, 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. On its own initiative, VA may also disclose 
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, rule or order issued 
pursuant thereto. VA must be able to provide on its own initiative 
information that pertains to a violation of laws to law enforcement 
authorities in order for them to investigate and enforce those laws. 
Under 38 U.S.C. 5701(a) and (f), VA may only disclose the names and 
addresses of veterans and their dependents to Federal entities with law 
enforcement responsibilities. This is distinct from the authority to 
disclose records in response to a qualifying request from a law 
enforcement entity, as authorized by Privacy Act subsection 5 U.S.C. 
552a(b)(7).
    VA may disclose information from this system of 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.
    To determine whether to disclose records under this routine use, VA 
will comply with the guidance promulgated by the Office of Management 
and Budget in a May 24, 1985, memorandum entitled ``Privacy Act 
Guidance--Update,'' currently posted at https://www.whitehouse.gov/omb/inforeg/guidance1985.pdf. VA must be able to provide information to DoJ 
in litigation where the United States or any of its components is 
involved or has an interest. A determination would be made in each 
instance that under the circumstances involved, the purpose is 
compatible with the purpose for which VA collected the information. 
This routine use is distinct from the authority to disclose records in 
response to a court order under subsection (b)(11) of the Privacy Act, 
5 U.S.C. 552(b)(11), or any other provision of subsection (b), in 
accordance with the court's analysis in Doe v. DiGenova, 779 F.2d 74, 
78-84 (D.C. Cir. 1985) and Doe v. Stephens, 851 F.2d 1457, 1465-67 
(D.C. Cir. 1988).
    VA may disclose information from this system of records to 
individuals, organizations, private or public agencies, or other 
entities or individuals with whom VA has a contract or agreement to 
perform such services as VA may deem practicable for the purposes of 
laws administered by VA, in order for the contractor, subcontractor, 
public or private agency, or other entity or individual with whom VA 
has a contract or agreement to perform services under the contract or 
agreement. This routine use includes disclosures by an individual or 
entity performing services for VA to any secondary entity or individual 
to perform an activity that is necessary for individuals, 
organizations, private or public agencies, or other entities or 
individuals with whom VA has a contract or agreement to provide the 
service to VA. This routine use, which also applies to agreements that 
do not qualify as contracts defined by Federal procurement laws and 
regulations, is consistent with OMB guidance in OMB Circular A-130, 
App. I, paragraph 5a(1)(b) that agencies promulgate routine uses to 
address disclosure of Privacy Act-protected information to contractors 
in order to perform the services contracts for the agency.
    VA may disclose information from this system to the Equal 
Employment Opportunity Commission (EEOC) when requested in connection 
with investigations of alleged or possible discriminatory practices, 
examination of Federal affirmative employment programs, or other 
functions of the Commission as authorized by law or regulation. VA must 
be able to provide information to EEOC to assist it in fulfilling its 
duties to protect employees' rights, as required by statute and 
regulation.
    VA may disclose information from this system to the Federal Labor 
Relations Authority (FLRA), including its General Counsel, information 
related to the establishment of jurisdiction, investigation, and 
resolution of allegations of unfair labor practices, or

[[Page 54921]]

in connection with the resolution of exceptions to arbitration awards 
when a question of material fact is raised; for it to address matters 
properly before the Federal Services Impasses Panel, investigate 
representation petitions, and conduct or supervise representation 
elections. VA must be able to provide information to FLRA to comply 
with the statutory mandate under which it operates.
    VA may disclose information from this system to the Merit Systems 
Protection Board (MSPB), or the Office of the 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. VA must be able to provide information to MSPB to 
assist it in fulfilling its duties as required by statute and 
regulation. VA may disclose information from this system to the 
National Archives and Records Administration (NARA) and General 
Services Administration (GSA) in records management inspections 
conducted under title 44, U.S.C. NARA is responsible for archiving old 
records which are no longer actively used but may be appropriate for 
preservation, and for the physical maintenance of the Federal 
government's records. VA must be able to provide the records to NARA in 
order to determine the proper disposition of such records.
    The notice of intent to publish and an advance copy of the system 
notice have been sent to the appropriate Congressional committees and 
to the Director of the 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.

Signing Authority

    The Secretary of Veterans Affairs, or designee, approved this 
document and authorized the undersigned to sign and submit the document 
to the Office of the Federal Register for publication electronically as 
an official document of the Department of Veterans Affairs. Gina S. 
Farrisee, Deputy Chief of Staff, approved this document on August 2, 
2016, for publication.

    Dated: August 8, 2016.
Kathleen M. Manwell,
Program Analyst, VA Privacy Service, Office of Privacy and Records 
Management, Department of Veterans Affairs.
SORN 175VA41A

SYSTEM NAME:
    VA National Cemetery Pre-Need Eligibility Determination Records--
VA.

SYSTEM LOCATION:
    Records are maintained at the National Cemetery Scheduling Office 
(41A1), Suite 200, 4850 Lemay Ferry Road, St. Louis, MO, 63129.

AUTHORITY FOR MAINTENANCE OF THE SYSTEM:
    Title 38 U.S.C. 2402.

PURPOSE(S):
    The purpose for which the records are used will include but will 
not be limited to the provision of VA burial and memorial benefits; 
provision of information about VA burial and memorial benefits, 
including specific claims; determination of eligibility for burial in a 
VA national cemetery; disclosure of military service information upon 
request from VA-funded State and Tribal Veterans cemeteries; 
coordination of committal services and interment upon request of 
families, funeral homes, and others of eligible decedents at VA 
national cemeteries; investigation of potential bars to benefits for an 
otherwise eligible individual. VA will maintain records and information 
associated with pre-need claims in a recallable system for use at a 
claimant's time of death and upon receipt of a request for burial in a 
VA national cemetery for that claimant. Data may also be used at an 
aggregate non-personally identifiable level to track and evaluate 
memorial and burial benefit initiatives.

CATEGORIES OF INDIVIDUALS COVERED BY THE SYSTEM:
    The records contain information on Veterans, family members of 
Veterans, Members of the Armed Forces (Servicemembers), family members 
of Servicemembers, Reservists and Retirees (Active Duty; Reserves; or 
National Guard), and other VA customers (e.g., attorneys, agents, 
Veterans Service Organizations, funeral directors, coroners, Missing in 
America Project (MIAP) volunteers, State and local governmental 
administrators, in addition to VA authorized users permitted by VA to 
access VA IT systems (e.g., VA employees, VA contractors, VA registered 
volunteers).

CATEGORIES OF RECORDS IN THE SYSTEM:
    Records may include information submitted to VA by means of paper 
or online forms that respondents can mail or electronically transmit by 
fax or email for storage and retrieval in VA's secure filing and IT 
systems. Records may contain information, such as demographics and 
personal identifiers (e.g. names, mailing addresses, email addresses, 
phone numbers, social security numbers, VA claim numbers and military 
service numbers); socioeconomic characteristics (e.g., date of birth, 
place of birth, date of death, gender, marital records; health records; 
health related information, benefit related information); military 
service information (e.g., dates of active duty, dates of active duty 
for training, military service numbers, branch of service including 
Reserves or National Guard service, locations of service for National 
Guard, dates of entry, enlistment, or discharge, type and character of 
discharge, rank, awards, decorations, and other military history and 
information).
    Records may also include supporting documentation submitted to 
identify individuals submitting pre-need applications on behalf of 
claimants. Supporting documentation may include, but is not limited to 
the following items: VA Form 21-22 (Appointment of Veterans Service 
Organization as Claimant's Representative), VA Form 21-22a (Appointment 
of Individual as Claimant's Representative) for an Authorized Attorney, 
or Agent; proof of prior written authorization, such as a durable power 
of attorney, or an affidavit establishing a caregiver relationship to 
the claimant (spousal, parent, other relative); and documentation 
showing the individual as the court-appointed representative authorized 
to act on behalf of as the claimant.

RECORD SOURCE CATEGORIES:
    Information in this system of records is provided by Veterans; 
Veteran beneficiaries; members of the Armed Forces of the United States 
including Reserves and National Guard and their beneficiaries, as well 
as other individuals (such as funeral home directors) submitting pre-
need eligibility determinations on behalf of claimants; VA employees; 
other VA authorized users (e.g., Department of Defense), VA IT systems 
and databases; VA claims records; and official military records IT 
systems.

[[Page 54922]]

ROUTINE USES OF RECORDS MAINTAINED IN THE SYSTEM, INCLUDING CATEGORIES 
OF USERS AND THE PURPOSES OF SUCH USES:
    1. VA may disclose information from the record of an individual in 
response to an inquiry from the congressional office made at the 
request of that individual. VA must be able to provide information 
about individuals to adequately respond to inquiries from Members of 
Congress at the request of constituents who have sought their 
assistance. VA may also disclose information to other Federal, state 
and local, tribal or foreign government agencies to assists with 
verifying military service for the purpose of providing a benefit.
    2. VA may, on its own initiative, disclose information from this 
system 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.
    3. VA may, on its own initiative, disclose information in this 
system, except the names and home addresses of veterans and their 
dependents, which is relevant to a suspected 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, 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. On its own initiative, VA may 
also disclose 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, rule or order 
issued pursuant thereto.
    4. VA may disclose information from this system of 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.
    5. VA may disclose information from this system of records to 
individuals, U.S. Military Service Departments, organizations, private 
or public agencies, or other entities or individuals with whom VA has a 
contract or agreement to perform such services as VA may deem 
practicable for the purposes of laws administered by VA, in order for 
the contractor, subcontractor, public or private agency, or other 
entity or individual with whom VA has a contract or agreement to 
perform services under the contract or agreement.
    6. VA may disclose information from this system to the Equal 
Employment Opportunity Commission (EEOC) when requested in connection 
with investigations of alleged or possible discriminatory practices, 
examination of Federal affirmative employment programs, or other 
functions of the Commission as authorized by law or regulation.
    7. VA may disclose information from this system to the Federal 
Labor Relations Authority (FLRA), including its General Counsel, 
information related to the establishment of jurisdiction, 
investigation, and resolution of allegations of unfair labor practices, 
or in connection with the resolution of exceptions to arbitration 
awards when a question of material fact is raised; for it to address 
matters properly before the Federal Services Impasses Panel, 
investigate representation petitions, and conduct or supervise 
representation elections.
    8. VA may disclose information from this system to the Merit 
Systems Protection Board (MSPB), or the Office of the 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.
    9. VA may disclose information from this system to the National 
Archives and Records Administration (NARA) and General Services 
Administration (GSA) in records management inspections conducted under 
title 44, U.S.C.
    10. VA may disclose information from this system of records upon 
request from funeral homes participating in NCA committal services, 
burials, and other memorial services, family members in need of 
military service documentation related to a pre-need claim, and VA-
funded State and Tribal Veteran cemeteries seeking military service 
documentation.

POLICIES AND PRACTICES FOR STORAGE OF RECORDS:
    Records in this system are maintained in paper and electronic 
formats in the NCA National Cemetery Scheduling Office. Records are 
maintained on electronic storage media including magnetic tape, disk, 
and laser optical media.

POLICIES AND PRACTICES FOR RETRIEVABILITY OF RECORDS:
    Information is retrievable by the use of name only; name and one or 
more numbers (service or social security); name and one or more 
criteria (e.g., date of birth or dates of service); VA claim number; or 
other VA or NCA assigned identifier.

POLICIES AND PRACTICES FOR RETENTION AND DISPOSAL OF RECORDS:
    Records are retained in accordance with records retention standards 
approved by the Archivist of the United States, the National Archives 
and Records Administration, and published in the Agency Records Control 
Schedules. Paper records are destroyed by shredding at the time of 
disposition, and automated storage media is retained and disposed of in 
accordance with disposition authorization approved by the Archivist of 
the United States.

PHYSICAL, PROCEDURAL, AND ADMINISTRATIVE SAFEGUARDS:
    Information in the system is protected from unauthorized access 
through administrative, physical, and technical safeguards. Access to 
the hard copy and computerized information is restricted to authorized 
VA employees and VA

[[Page 54923]]

contractors by means of PIV card and PIN, and/or passwords. Information 
security officers and system data stewards review and authorize data 
access requests. VA regulates data access with security software that 
authenticates users and requires individually unique codes and 
passwords. VA requires information security training for all staff and 
instructs staff on the responsibility each person has for safeguarding 
data confidentiality. Hard copy records are maintained in offices that 
are restricted by cypher locks during work hours, and locked after duty 
hours with security camera surveillance of the office area and 
facility.

SYSTEM MANAGER(S) AND ADDRESS:
    The Official maintaining this system of records and responsible for 
policies and procedures is the Director (41A1), National Cemetery 
Scheduling Office, Suite 200, 4850 Lemay Ferry Road, St. Louis, MO 
63129.

RECORD ACCESS PROCEDURES:
    Individuals seeing information regarding access to and contesting 
of records in this system may write or call the NCA Privacy Officer, 
(43D), National Cemetery Administration, 810 Vermont Avenue NW., 
Washington, DC 20420.

CONTESTING RECORD PROCEDURES:
    See Record Access Procedures above.

NOTIFICATION PROCEDURE:
    Individuals who wish to determine whether this system of records 
contains information about them should contact the NCA Privacy Officer 
(43D), National Cemetery Administration, 810 Vermont Avenue NW., 
Washington, DC 20420. Inquiries should include as much of the following 
information to identify the record: Individual's full name, social 
security number, individual's return address.

EXEMPTIONS PROMULGATED FOR THE SYSTEM:
    None.

[FR Doc. 2016-19591 Filed 8-16-16; 8:45 am]
 BILLING CODE P